Oregon State Bar Bulletin — AUGUST/SEPTEMBER 2009
Bar News

Input Sought on Proposed Reciprocity Rule
The Oregon Supreme Court is seeking member input on a proposed rule change concerning reciprocity, also known as admission on motion. The change would allow reciprocity with 37 other states.

For more information on how to provide feedback, please visit www.osbar.org/admissions/admissiononmotion.html.

Information on 2009 MCLE Compliance Reporting
It’s that time again.

Members with an MCLE reporting period ending Dec. 31, 2009, will be receiving an MCLE compliance report from the Oregon State Bar by Nov. 1. For this purpose, it is important that the OSB have on file the current addresses of all members.

If this is your reporting year and you do not receive and submit the compliance report by the due date, you could be suspended for failure to comply with MCLE rules. To check your address and MCLE reporting period information, go to www.osbar.org/secured/login.asp.

Here are some frequently asked questions about MCLE compliance:

Do I have to complete access to justice credits? If you are in a three-year reporting period that ends Dec. 31, 2009, you are not required to complete any access to justice (formerly called elimination of bias) credits. If you are a new admittee whose first MCLE reporting period ends Dec. 31, 2009, you must complete one access to justice credit.

Are the professional responsibility credits (legal ethics, child abuse reporting and access to justice) part of or in addition to the minimum requirement? The professional responsibility credits are included in your minimum requirement. If your three-year reporting period ends Dec. 31, 2009, your minimum requirement is 45 credits, including five legal ethics and one child abuse reporting. If your first reporting period after reinstatement ends Dec. 31, 2009, your minimum requirement is 15 credits, including one legal ethics and one child abuse reporting. If your first reporting period after admission ends Dec. 31, 2009, your minimum requirement is 15 credits, including 10 practical skills, one legal ethics, one child abuse reporting and one access to justice.

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/forms. Submit this form now so to allow for processing and so that you can be notified of the credit information before the end of the year.

How do I know if a program has been accredited in Oregon? Use the OSB’s 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 extra access to justice credits be counted as ethics credits? No. Extra access to justice credits cannot count as ethics credits and extra ethics credits cannot count as access to justice credits. You can, however, count extra access to justice and ethics credits as general credits.

Will access to justice credits carryover into the next reporting period? Access to justice credits can be carried forward into the next reporting period, but will count only toward the general credit requirement.

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 program 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. 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, 2009. The completed compliance report is due in our office no later than 5 p.m. on Feb. 1, 2010. 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. Then use the Check Your MCLE Compliance Report link under Annual Reporting.

Can I complete my credits by screening tapes, CDs, etc. of accredited programs? Yes, provided the original program date is less than three years prior to the screening date.

Can I re-screen a tape I screened during my last reporting period? No, pursuant to MCLE Rule 5.7(d), you cannot claim credit for a CLE activity for which you have already obtained MCLE credit.

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

Race For Justice a Success
St. Andrew Legal Clinic held its 9th Annual Race for Justice in Northeast Portland on June 20. This popular outdoor event for members of the Portland legal community and their families drew a record 720 runners and walkers, and raised $145,000 to support legal services for low-income families.

Stahancyk, Kent, Johnson & Hook registered 77 participants, earning the “Largest Team” Award. Markowitz, Herbold, Glade & Mehlhaf and Davis Wright Tremaine came in a close second and third. “Prevailing Parties” (led by Chris Rounds of Liberty Mutual and Chris Kent of Kent & Johnson) took home the “Best Fundraising Team” trophy for collecting $9,910 in donations. Chris Rounds single-handedly raised $9,200 and was awarded “Best Individual Fundraiser,” followed by Brad Miller of Ball Janik with $7,000, Greg Mowe of Stoel Rives with $6,200, and Jack Lundeen of Clackamas County Family Law Group with $3,865.

For more information and event photos, go to www.salcgroup.org/events.

Oregon Asian Pacific American Bar Association Celebrates Formation
More than 100 attorneys, judges, students and legal professionals helped TO launch Oregon’s newest bar organization, Oregon Asian Pacific American Bar Association (OAPABA), on June 16.

Witnessing the occasion were all three Portland-area Asian Pacific American judges, the Hon. Jim Fun of Washington County, and the Hon. Michael Loy and the Hon. Youlee You of Multnomah County; Secretary of State Kate Brown; representatives from the offices of Rep. David Wu and Sen. Ron Wyden; and other judges and dignitaries.

Inspired by attending the 20th anniversary conference of the National Asian Pacific American Bar Association (NAPABA) in November 2008, about 15 Portland Asian Pacific American attorneys worked over the months to form this organization and plan the launch event.

Mami Fujii, one of the founders, described why she believed it was time for Oregon for such an organization: “Having grown up in Japan as a majority, I know that being a minority still means something in this country. I wanted to see a community where being an Asian was not an issue — if anything, only a reason to celebrate.”

OAPABA is an affiliate of NAPABA, which represents the interests of over 40,000 attorneys and 58 local Asian Pacific American bar associations.

LRAP Announces Recipients
The OSB Loan Repayment Assistance Program (LRAP) has announced its 2009 recipients: Brett Cattani, legal aid attorney, Oregon City; Eric Deitrick, Multnomah County public defender; Olivia Godinez, juvenile law attorney in Portland; Andrea Poole, legal aid attorney, Bend; Avi Rudnick, public defender in Portland; Fay Stetz-Waters, legal aid attorney, Albany; and Kevin Stout, Catholic Charities in Medford.

LRAP is designed to assist selected public service attorneys in the repayment of their student loans. Selected attorneys selected receive up to $5,000 per year for each of three years. The loans are forgiven annually upon the recipient’s completion of a full year of public service work. The 2009 applicants had an average debt of $105,293, with an average salary of $42,985.

For more information about the program, contact Catherine Petrecca at cpetrecca@osbar.org or at (503) 431-6355.

Lawyers, Food Banks and OLAH
By Lynne Paretchan
Food banks across the country make it a point to create partnerships with those in the local legal community to support their mission of eliminating hunger. Perhaps they are inspired by the ABA’s 1986 resolution declaring a “fundamental right to be free of hunger.” Or perhaps they know that harnessing the competitive instincts of attorneys to a worthy cause will always be a win-win situation.

In San Francisco, the local bar association and food bank have teamed up for the “Food From the Bar” drive each spring for the last 15 years. The Los Angeles Bar Association followed suit this year with a competition among attorneys, stationed along a conveyer belt, to see which team could prepare the most care packages of food in a 10-minute shift; a retired Superior Court Judge presided. In Virginia, 181 law firms competed in their first state-wide competition for the “Attorney General’s Cup” this year as part of the annual “Legal Food Frenzy” to support local food banks; it inspired attorneys general in Indiana, North Carolina, Nebraska and Florida to start similar statewide competitions in 2009.

Oregon’s version of the “legal food frenzy” has been in action for 13 years. It started in 1997 after the Oregon Food Bank put an ad in the Bulletin asking for volunteers from the legal community to help the Oregon Food Bank raise food and funds. Attorney Jeff Matthews thought about it for a month and volunteered. He started Oregon Lawyers Against Hunger (OLAH), a nonprofit group of attorneys dedicated to supporting the Oregon Food Bank’s mission to eliminate hunger. Ever since, OLAH and our legal community have stepped up to raise support for the Oregon Food Bank. In 2008, OLAH surpassed its goal of raising more than $1 million for the Oregon Food Bank since its inception. OLAH is now seeking to involve attorneys statewide and is launching a new website at www.oregonlawyersagainsthunger.com.

OLAH’s food and fundraising drive occurs at the end of each September and into early October; this year it starts Sept. 28 and ends Oct. 9. OLAH president Bethany Bacci reports that this year the need is greater than ever: “Demand for emergency food boxes is up statewide over 20 percent from last year. OLAH gives us a way to connect with something bigger and provide needed assistance for our community.”

Law firms will compete for the Silver Barrel Award, awarded to the team with the largest overall contribution, and the Golden Can Award, which goes to the firm with the largest average per capita contribution.

To participate, team captains get designated by each firm to rally the collection of donations of funds and food and then report the successes. OLAH board members support the captains during and after the drive. Donations can also be made directly to www.oregonfoodbank.org with “OLAH” designated as the program to receive credit for the donation.

“The competition is big fun,” says Tim Calderbank. “OLAH gives lawyers an occasion to be seen in a positive light. I am impressed by the legal community’s teamwork — through a little friendly competition — in raising money to support the Oregon Food Bank.” All that is involved is donating food and/or funds, and soliciting those from others (and keeping track of total dollars and pounds of food donated).

Contact Bethany Bacci at (503) 294-9837 or babacci@stoel.com for more information.

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