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 — JANUARY 2011
Letters

Obligatory CYA Letters?
Having recently concluded a case in which I was accused of legal malpractice, I wrote what I thought was a no brainer letter to the Professional Liability Fund confirming that Oregon hourly lawyers have no obligation to write (or charge for) “cover your ass” letters to clients, especially clients who already have advised that they are very concerned about the amount they are being charged. I was wrong. The Professional Liability Fund replied that although the writing of such a letter is not required to meet the applicable standard of care, it is “good practice.” Good God. Unbelievable.

I would advise any lawyer handling a plaintiff’s legal malpractice case where the nature of the clients’ expectations is an issue and where no “cover your ass” letter was written to include amongst the depositions taken the depositions of the staff attorneys at the Professional Liability Fund and provided that they said the same thing that they told me, to let a jury decide what is the appropriate standard of care.

Peter Appleton, Salem


The Right Sentiment

I was quite moved and inspired by Ron Talney’s article in the December 2010 Bulletin entitled “The Best Fee I Ever Earned.” His folksy writing style has a lot of power and the sentiment feels so right. I may have been particularly ripe for this kind of story, but I think everyone who takes the time to read it will feel a bit of a tear forming somewhere deep.

Rick Rappaport, Portland


When Plan B Doesn’t Work…

Having retired a year ago, I have found prior issues of the Bulletin seemingly irrelevant to my ‘new’ life; no articles on adjusting to a new marriage in later life, surviving the early alarm clock, or keeping up an acre of property outside of urban Portland. But the December 2010 edition was outstanding.

Your articles touched some of the areas that have meant most to me since I was admitted in 1973: legal aid, grammar, and (now) retirement challenges. But the Bulletin also helped me learn of the ongoing achievements of my “old” friends Sylvia Stevens, Paul Kelly Jr., Larry Wobbrock, Tom Tongue, Tom Cooney, Albert Menashe; the wonderful prose of my old friend Ron Talney; and the unexpected (and unknown) passing of my colleague Pat Furrer. Helen Hierschbiel’s great article on “wearing two hats” reminded me of the tussles that we had during the ’70s and ’80s when lawyers were chastised for mediating!

Under the judicial department’s Plan B service, I am hearing pro se family law cases each Wednesday (four to six scheduled every week). Your article on legal aid reminded me of the great need this institution has been meeting. Each week, I see families — of many definitions — who cannot afford legal advice and must rely on family court facilitators (if they are available) or me (trying not to practice law) who try to guide them through a myriad of forms, statutes and substantive law. I sometimes feel that I’m conducting mini-family law courses in my hearings.

Which brings me to my query: how can retired/Plan B judges contribute to the need for legal services when we: 1) must do our 35 days per year, so have to serve as judges; 2) can’t afford or don’t want to invest retirement dollars in PLF coverage; and 3) want to avoid conflicts that might arise were we to volunteer to represent litigants — if only for a clinic’s intake process?

I, for one, enjoy the intellectual stimulation that the law has provided for over half of my lifetime, but I can’t fashion a way to use my experience outside of my “Wednesday Court” to help those who could use my services, without running afoul of some law or regulation. I don’t want the financial and time-consuming restraints of an office, a staff or to be locked into a schedule that impedes my garden’s tending — to say nothing of the occasional vacation!

I believe there are around 150 senior judges in Oregon. Many would not return to the practice of law if it paid twice their pensions. Others believe the multinational studies’ research about brain “fatigue,” and want to continue to be a part of the legal community. How can we be participants? I’m open for input from a great legal community!

Kristena LaMar, Boring




— return to top
— return to Table of Contents

  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Juror Handbook

    • 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

    Licensed Paralegal Program

    • LP Home

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    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

    Membership Fees

    • Member Fee FAQ
    • Member 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

    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
Juror Handbook
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