Oregon State Bar Bulletin — AUGUST/SEPTEMBER 2007
Bar News

It’s MCLE Time Again
By Denise Cline

It’s that time again! Members with an MCLE reporting period ending Dec. 31, 2007, will be receiving an MCLE Compliance Report from our office by the first of November. It is important that we have your current address. If you do not receive the compliance report and do not report, you could be suspended for failure to comply with the MCLE rules. To check your address and MCLE reporting period information on our website, go to www.osbar.org/secured/login.asp.

Here are some frequently asked questions about MCLE compliance:

Is the elimination of bias credit requirement still in effect? Yes, this credit requirement is still in effect. In the spring of 2006, the OSB membership voted to eliminate this credit requirement. This vote was advisory only, because MCLE rules are the exclusive province of the Oregon Supreme Court. Acting on the membership vote, the Board of Governors recommended to the Oregon Supreme Court that this requirement be eliminated. After a lengthy public hearing, the Supreme Court declined to eliminate the requirement, but asked the Board of Governors to continue studying the issue. Board members have met recently with representatives of the court and continue to work toward a mutually agreeable resolution. If you are in a three year reporting period, three of the 45 credits must be elimination of bias. If you are in a shorter reporting period, one of the 15 credits must be elimination of bias.

Are the professional responsibility credits (5 legal ethics, 1 child abuse reporting and 3 elimination of bias) part of or in addition to the minimum requirement? The professional responsibility credits are included in your minimum requirement. If you are in a three-year reporting period, your minimum requirement is 45 credits including 5 legal ethics, 1 child abuse reporting and 3 elimination of bias. If you are in a shorter reporting period, your minimum requirement is 15 credits including 1 legal ethics, 1 child abuse reporting and 1 elimination of bias. If you are reporting to Oregon for the first time, 10 of the 15 credits must be practical skills.

Can I include programs on my report that have not been accredited in Oregon? No. If a program you attended has not been accredited, you need to apply for accreditation by completing MCLE Form 2 and sending it to our office along with the requested enclosures. The form is on our website at www.osbar.org. Submit this form now so we’ll have time to process it and notify you of the credit information before the end of the year.

How do I know if a program has been accredited in Oregon? Use our searchable program database available on our website to find out if a program you attended has been accredited. From the OSB home page, click on MCLE, and then click on the Program Database link at the top.

Can I count extra elimination of bias credits as ethics credits? No. Extra elimination of bias credits cannot count as ethics credits and extra ethics credits cannot count as elimination of bias credits. You can, however, count extra elimination of bias and ethics credits as general credits.

Why are some of the activities I completed not posted to my transcript? Attendance information is posted on a regular basis. It is possible that we have not received the attendance information from the sponsor. If an accredited activity has not been posted to your transcript, you can simply add it yourself to page two (the itemization page) of your compliance report.

If my principal office is in Washington (or Idaho or Utah), do I have to submit a completed compliance report? If your principal office is in Washington, Idaho or Utah, you can comply with Oregon’s MCLE requirements by completing the child abuse reporting credit and submitting a current Certificate of Compliance from the MCLE office in your principal state of practice. Attach the certificate to page one of your Oregon MCLE Compliance Report. On page two of the report, indicate when and how you completed the child abuse reporting credit. Then sign the report and return it to our office by the deadline.

If I am an out-of-state member but not in Washington, Idaho or Utah, do I have to submit a completed compliance report? Yes. You must meet the Oregon MCLE requirements, including the child abuse reporting and elimination of bias credits. If the activities you attended have not been accredited in Oregon, you must provide information about them from which it can be determined whether the programs substantially meet Oregon’s MCLE standards and from which we can calculate the number of 60-minute credits for which the program qualifies. This can include certificates of attendance, brochures describing the program content and schedules, and evidence of accreditation in the jurisdiction in which you practice.

What is the deadline to complete my credits and submit my report? All credits must be completed by midnight on Dec. 31, 2007. The completed compliance report is due in our office no later than 5 p.m. on Jan. 31, 2008. Reports may be delivered by facsimile or electronic transmission.

If I am not practicing law, do I need to comply with the MCLE rules? If you are an active member of the Oregon State Bar, you are required to comply with the MCLE rules.

How do I view my compliance report online? Go to www.osbar.org/secured/login.asp and log into your account. Click on "Check Your MCLE Compliance Report" under Annual Reporting.

If your question has not been answered, please call the MCLE Department at (503) 620-0222 ext. 368, or toll free in Oregon (800) 452-8260, ext. 368. If you prefer, you can e-mail your question to Denise Cline, MCLE administrator, at dcline@osbar.org.

Oregon Lawyers Against Hunger Partners With Festival
Oregon Lawyers Against Hunger is pleased to announce the launch of its new website at www.oregonlawyersagainsthunger.org and its partnership with the Northwest Food and Wine Festival to raise money for the Oregon Food Bank.

The festival will be held Nov. 10 and 11, 2007, and a portion of each ticket sold to the festival will benefit the Oregon Food Bank. Tickets to the festival give participants the opportunity to taste wine from Oregon wineries and sample fine cuisine from well-known local restaurants, including Genoa and Fenouil.

To purchase tickets, please visit OLAH’s website. More information on the festival is available at www.nwfoodandwinefestival.com. Information about the Oregon Food Bank is available at www.oregonfoodbank.org.

Women Attorneys to Share Success Strategies
Successful women attorneys will share their strategies for succeeding in the business side of the legal profession in the upcoming seminar "What You Never Learned in Law School: Business Tools for Success."

This CLE event will provide valuable information, for both the new attorney and the seasoned practitioner, helping you to manage your practice and develop business tools not taught in law school.

The OWLS fall CLE event will be held Nov. 2, 1 p.m. at the Governor Hotel in Portland. For more information or to register, visit the OWLS website at www.oregonwomenlawyers.org, send an e-mail to info@oregonwomenlawyers.org, or call (503) 595-7826.

Legal Community Laces Up to Fund Legal Services
The St. Andrew Legal Clinic’s 7th Annual ‘Race for Justice’ took place in northeast Portland on June 30, raising a record $120,000 for legal services for low-income people. The popular outdoor event for members of the Portland legal community and their families attracted more than 300 runners and walkers.

Markowitz, Herbold, Glade & Mehlhaf registered 42 participants, earning the award for largest team. The Fertile Octogenarians (led by Chris Rounds of Safeco) took home the trophy for best fundraising by collecting $18,435 in donations. Chris Rounds single-handedly raised $14,240 and was awarded the trophy for best individual fundraiser, followed by John Dunbar with $10,463 and David Bledsoe with $6,604.

The 2007 race was underwritten by Kent & Johnson and Safeco Insurance. Additional sponsoring law firms and companies include Adidas, Ater Wynne, Bullivant Houser Bailey, Clackamas County Family Law Group, Gevurtz Menashe Larson & Howe, Gilroy Law Firm, Perkins Coie, Schmitt & Lehmann, Inc., and Stoel Rives.

For more information and event photos, see www.salcgroup.org.

State Library Holding Book Sale
A wide variety of books and journals will be up for sale when the State of Oregon Law Library holds a book sale on Sept. 20 and 21. According to a well-placed source, "We’ll have some unique items and some legal standards in the sale. And some very low prices."

The sale will take place at the Supreme Court Building, 1163 State St., Salem. Hours are 9 a.m. to 4 p.m.

Court of Appeals Compiles Case Statistics
The Oregon Court of Appeals announces the availability of statistical summaries of some of the results of its March 2007 survey of members of the trial bench and appellate bar. The survey group consisted of attorneys and judges involved in a circuit court case on appeal in which a case dispositional decision was entered between July and December in 2006.

Chief Judge David Brewer notes, "The purpose of this survey was to provide insight into the quality of the court’s work."

The court will use the results of the survey to help it set objective standards to measure its performance and identify ways in which its processes may be improved. The court intends to conduct a similar survey at least once a year for the next several years in order to obtain feedback from as many appellate practitioners and trial judges as possible.

"The court is convinced that asking those who use and are affected by the court for their views and perceptions about the appellate process—and learning from their responses—will ensure that the court remains a strong and accountable component of Oregon’s state government," Brewer said.

For more information about the survey and results, and to view the statistical summaries, visit the court’s webpage at www.ojd.state.or.us/courts/coa/index.htm.

Willamette Securities Regulation Conference Set for Oct. 18
Eight current and former U.S. Securities and Exchange Commission officials, including three former SEC general counsels, and a top securities regulator for the state of Oregon will present their views at Willamette University College of Law’s 2007 Securities Regulation Conference Oct. 18, 8:30 a.m.-3:45 p.m. at the Multnomah Athletic Club in Portland.

Leading securities attorneys from across the country and business law scholars from Willamette University will round out the four panel discussions. Conference topics will include new developments in disclosure regulation, securities enforcement and securities litigation, as well as potential future trends.

Helane L. Morrison, director of the SEC’s regional office in San Francisco, will present the keynote address at the conference luncheon.

Continuing Legal Education credits are pending.

For more information, call 503-370-6402 or e-mail kfitzger@willamette.edu. Additional conference and registration information can be found at www.willamette.edu/wucl/businesslaw/conference.htm.

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