Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Member Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo

Oregon State Bar Bulletin — MAY 2007
Letters

A Good Start
I write in response to the article "The Case for Sustainability" by Janine Robben in the February/March 2007 issue.

Ms. Robben quotes from Office Max account executive Becky Schindler, Lindsay, Hart, Neil & Weigler administrator, Kris Thomsen, and Stoel Rives administrative services manager, Phil Moran, with respect to the use of recycled paper. California Rules of Court (Rules 2.101 and 10.503) require the use of recycled paper. If Oregon lawyers "embrace green products and practices," a court rule
similar to California’s rules would be a good start.

Peter M. Appleton
Salem

Mean What You Say
I enjoy the new Legal Writer column and have learned a lot from it. However, I think Joan Malmud’s piece on "Concise Writing" in the February/March 2007 Bulletin contains two errors, one legal and one grammatical.

The legal error occurs in stating that the following two sentences have the same meaning:

1. "Rather, in this Circuit, courts equate futility with a litigant’s inability to present his or her claim for administrative review."

2. "Rather, this Circuit equates futility with a litigant’s inability to obtain administrative review."

Sentence 1 implies that the district courts (i.e., the courts within the circuit) have interpreted "futility" in a certain way. Sentence 2 implies that the circuit court itself has interpreted "futility" in this way. This distinction is important because a district court is not bound by the decisions of other district courts (inside or outside of the circuit), but is bound to follow the decisions of the circuit court. Hart v Massanari, 266 F 3d 1155 (9th Cir. 2001) ("A district judge may not respectfully (or disrespectfully) disagree with his learned colleagues on his own court of appeals who have ruled on a controlling legal issue."). If the circuit court has not in fact ruled on "futility," sentence number 2 is incorrect. Concision must not trump accuracy.

The grammatical error occurs in the sentence, "Plaintiffs claim may be dismissed only if she can clearly prove no set of facts that would entitle her to relief." Clearly proving no facts is analogous to clearly speaking no words. Similarly, I don’t think we would say, "The deaf man can clearly hear no sounds." We might say, "Clearly, the deaf man can hear no sounds," but this seems like a lot of effort to cut three words from a sentence.

I guess the lesson of these examples is that sometimes small words do matter. As we slice and dice our prose, we should make sure we still mean what we say.

Jeffrey W. Knapp
Portland

Discipline Processes, Outcomes Have Been Fair
Recently, there has been significant discussion among attorneys related to discipline by the Oregon State Bar, from Craig Colby’s letter to the editor (February/March 2007), as well as regarding the decision to publish suspensions of attorneys up through 1991 on the OSB website.

In the years that I have read the "Discipline" section of the Bulletin, I often found myself disagreeing with the sanctions that had been issued. Sometimes they seemed too harsh, other times too lenient. That, and the experiences of both myself and several close colleagues, lead me to decide to stop complaining and do something to fix what I felt was a troublesome problem.

For several years I have volunteered as bar counsel, assisting the disciplinary counsel’s office in its cases. Before agreeing to do so, I obtained assurances that if I believed the proposed sanctions were too strict (or lenient), my opinion would carry weight. My experience thus far has borne this out. In the cases I have handled I believe the process and the outcomes have been fair (although admittedly, the attorneys involved might disagree).

There will always be criticism of this process. Sometimes it may well be justified. I recommend attorneys dissatisfied with the decisions they see work to make it better by volunteering. As a practicing attorney your insights about the day-to-day practice of law can be invaluable. Not only will you be doing your part to ensure your colleagues are getting a fair shake, but the knowledge gained can help you in your own career.

Sonia Montalbano
Portland

A Bar Card With Meaning
For about the past 10 years, I have penned a personal letter of congratulations and request to the incoming president. The congratulation is for obvious reasons: the well-earned recognition of the president’s obvious skills and leadership. This year I add the membership to my note.

Your January cover story highlighted incoming president Albert Menashe’s bootstrap story of a second-generation immigrant Turkish family member to a highly respected and successful practitioner. The story takes us through his days as an Army cadet through his term as an Army officer, to law school and beyond. Menashe is a pro tem judge who is highly regarded by the local judiciary and bar in my community.

So, once again, I congratulate the incoming president for what is so far a job well done. I also have a request that for the last 10 years has fallen on deaf ears.

Each year the bar has controversy regarding military advertisement, diversity issues, mandatory CLE, pro bono matters, and the list goes on. Members and officers differ over "Are we doing enough?" and "What more can we do to serve the public?" There is one effort, however, that would serve almost all members and would have a real bottom-line savings to our clients in millions of dollars.

Each year I ask the incoming president to actively research, review and come up with a common access card for attorneys entering courthouses statewide that would allow active, practicing members of the bar entry to courts without the usual security process.

I have two cards from two different counties that allow me to bypass common security procedures in two of the courthouses in those counties. I go to courthouses in other counties and have to wait at length with other members of the bar and the public to ensure that I do not have a pocketknife in my shoes or that my laptop is not stuffed with Semtex.

As a member of the Oregon State Bar, I have passed background checks that permit me to maintain client funds and have a sufficient measure of trust as an officer of the court. As a current officer in the United States Army Reserve, I have a common access card that reflects a security clearance so that I am not subject to a search each time I enter a secured building within the entire U.S. Department of Defense system.

President Menashe can reflect on his career as an Army officer and understand the need for security, but also some measure of common sense that allows those with previously established credentials to bypass the laborious security procedures at the entrance of many courthouses within our state boundaries. If the president could do one thing for the membership that would benefit the most, it would be to work with the chief justice and sheriffs’ association to establish a bar card that doesn’t look like it came out of a cereal box and would actually have some worth and meaning to it.

Lawrence K. Peterson
Lake Oswego

Correction
A caption in the article "Uncharted Waters" (page 22, April 2007) mistakenly identified one of the Oregon lawyers representing detainees at Guantanamo, Cuba. Portland lawyer Sam Kauffmann is the person standing between federal defender Bob Weaver and interpreter Khaled Furani. Kauffmann also provided the photograph. The Bulletin regrets the errors.


— return to top
— return to Table of Contents

  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Oregon Juror Guide
    • Submit Ethics Complaint

    • Getting Legal Help

    • Finding The Right Lawyer
    • Hiring A Lawyer
    • Lawyers Fees

    • Client Services

    • Client Assistance Office
    • Client Security Fund
    • Fee Dispute Resolution
    • Public Records Request
    • Locating Attorney Files

    • Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    • Volunteer Opportunities

    • Public Member Application
  • For Members

    OSB Login

    • Log In To OSB Site
    • Member Account Setup
    • Non-Member Account Setup
    • Reset Password

    OSB Resources

    • Attorney's Marketplace
    • Career Center
    • Events
    • Forms Library
    • Online Resources
    • OSB Group Listings
    • Performance Standards
    • Rules Regulations and Policies
    • Surveys and Research Reports
    • Unclaimed Client Funds
    • Voting Regions and By-City
      County Information

    Fastcase™

    • Log in to Fastcase
    • Overview
    • Scheduled Webinars
    • Inactive Member Subscriptions

    Legal Ethics

    • Legal Ethics Home
    • Find an Ethics Opinion
    • Bulletin Bar Counsel Archive

    Company Administrator

    • Company Administrator Home
    • Company Administrator FAQ
    • Authorization Form

    State Lawyers
    Assistance Committee

    • SLAC Info

    Volunteering

    • Volunteer Opportunities

    Court Information

    • Judicial Vacancies
    • Court Info | Calendars | Jury Info
    • Oregon Attorneys
      in Federal Court
    • Tribal Courts of Oregon

    OSB Publications

    • Bar Bulletin Magazine
    • – Bulletin Archive
    • – Legal Writer Archive
    • Capitol Insider
    • Disciplinary Board Reporter

    PLF Programs

    • (OAAP) Oregon Attorney
      Assistance Program
    • Practice Management Attorneys
    • Malpractice Coverage
  • CLE/Legal Publications

    CLE Seminars

    • CLE Seminars Home
    • Online Seminar Registration
    • General Info/FAQ

    My Account

    • My Content
    • My Events
    • Order History

    Legal Publications

    • Legal Publications Home
    • Log in to BarBooks®
    • BarBooks® FAQ
    • Online Bookstore
    • Legal Pubs Blog
  • Bar Programs

    Diversity & Inclusion

    • Diversity & Inclusion Home
    • Diversity Story Wall
    • D&I Programs
    • ACDI Roster
    • D&I Staff Contacts
    • D&I Links

    Legislative/Public Affairs

    • Legislative Home
    • Committee Contacts
    • Legislative Sessions
    • Staff Contacts
    • Useful Links

    Legal Services Program

    • LSP Home

    Oregon Law Foundation

    • OLF Home
    • Partners in Justice

    Fee Dispute Resolution

    • Fee Dispute Resolution Home

    Pro Bono

    • Pro Bono Home
    • Pro Bono Reporting
    • Volunteer Opportunities

    Lawyer Referral and Information Services

    • RIS Login
    • Summary of Referral and Information Services Programs
    • Lawyer Referral Service Info and Registration Forms
    • Modest Means Program Registration Forms
    • Military Assistance Panel Training Info and Registration Form
    • Problem Solvers Registration Form
    • Lawyer To Lawyer Registration Form

    (LRAP) Loan Repayment Assistance Program

    • LRAP Home
    • LRAP FAQ
    • LRAP Policies
  • Member Groups

    Sections

    • Section Info/Websites
    • Joining Sections
    • CLE Registration Services
    • Standard Section Bylaws (PDF)
    • Leadership Resources
    • Treasurers Tools

    Committees

    • Home
    • Leadership Resources
    • Professionalism Commission
    • Volunteer Opportunities

    House of Delegates

    • HOD Home
    • HOD Resources
    • Meetings
    • Rules (PDF)
    • Roster (PDF)
    • Staff Contacts

    Board of Governors

    • BOG Home
    • Meetings & Agendas
    • Members
    • Liaisons
    • Committees
    • Resources
    • Task Forces

    Oregon New Lawyers Division

    • ONLD Home
    • Law Students
    • Student Loan Repayment
    • Committees
    • Upcoming Events

    Task Forces and Special Committees

    • Task Forces Home

    Volunteer Bars

    • List/Contacts
    • Leadership Resources

    Volunteering

    • Volunteer Opportunities
  • Licensing/Compliance

    Admissions

    • Admissions Home
    • Alternative Admittance
    • Applicants for Admission
    • Admissions Forms
    • Past Bar Exam Results

    Supervised Practice Portfolio Examination

    • SPPE Home

    Licensed Paralegal Program

    • LP Home

    Lawyer Discipline

    • Discipline Home
    • Disciplinary Board Reporter
    • Disciplinary Boards
    • Client Assistance Office
    • (SPRB) State Professional Responsibility Board

    Membership Records

    • Address Changes
    • Good Standing Certificate
    • Request Discipline File Review

    MCLE

    • MCLE Home
    • Program Database
    • Forms
    • Rules (PDF)

    IOLTA Reporting

    • IOLTA Home
    • IOLTA FAQ

    Licensing Fees

    • Licensing Fee FAQ
    • Licensing Fee Payment

    Status Changes

    • Status Changes FAQ
    • Inactive Status Form
    • Retired Status Form
    • Active Pro Bono Status Form
    • Reinstatement Forms
    • Resignation Form A
    • Pending Reinstatements

    Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    New Lawyer Mentoring Program

    • New Lawyer Mentoring Program Home

    Professional Liability Fund

    • Professional Liability
      Fund Website
For The Public

Public Information Home
Legal Information Topics
Oregon Juror Guide
Finding The Right Lawyer
Hiring A Lawyer
Lawyers Fees
Client Assistance Office
Public Records Request
Unlawful Practice of Law
Fee Dispute Resolution
Client Security Fund
Volunteer Opportunities
for the Public

For Members

BarBooks®
Bulletin Archive
Career Center
Fastcase™
Judicial Vacancies
Legal Ethics Opinions
OSB Group Listings
OSB Login
OSB Rules & Regs
SLAC Info
Surveys and Reports
Volunteer Opportunities

CLE/Legal Pubs

CLE Seminars Home
Legal Publications Home

Bar Programs

Diversity & Inclusion
Fee Arbitration/Mediation
Legal Services Program
Legislative/Public Affairs
Loan Repayment
Assistance Program

Oregon Law Foundation
Pro Bono

Member Groups

Board of Governors
Committees
House of Delegates
Volunteer Bars
Oregon New
Lawyers Division

OSB Sections
Professionalism
Commission

Volunteer Opportunities

About The Bar

About the Bar
ADA Notice
Contact Info
Copyright Notice
Directions to the Bar
Meeting Room Rentals
Mission Statement
OSB Job Opportunities
Privacy Policy
Staff Directory
Terms of Use

Licensing/Compliance

Admissions
Client Assistance Office
Client Security Fund
IOLTA Reporting
Lawyer Discipline
MCLE
Member Fee FAQ
New Lawyer
Mentoring Program

Professional Liability Fund
Status Changes

Oregon State Bar Center

Phone: (503) 620-0222
Toll-free in Oregon: (800) 452-8260
Facsimile: (503) 684-1366

Building Location:
16037 SW Upper Boones Ferry Road
Tigard, OR 97224

Mailing Address:
PO Box 231935
Tigard, OR 97281

Oregon State Bar location Map

Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use