CCBA Hearsay

HEARSAY

ccbawashington.org

SEPTEMBER - OCTOBER 2018

THE OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION

FALL AT THE CCBA

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In over your head with a case in Oregon?

Let us try it – or better yet, settle it. Whether in Washington or Oregon, we’ll jump in and handle it. Generous referral program.

DON JACOBS Trial Lawyer of the Year, Clark County (2015) Past President, Oregon Trial Lawyers Assoc.

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

THIS MONTH’S ISSUE

MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY

President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 4 Sequels Aren’t Always Worse than the Originals. . . . .. . . . . . . . . . . . . . . 5 Welcoming Clark County Manager, Shawn Henessee. . . . . . . . . . . . . . 8 A View from the Bench. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 News You Can Use - Bookkeeping Tips. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CLE Schedule...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Upcoming Events. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Law office of:

JANE E. CLARK

Odyssey Implementation Changes.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

AT TO R N E Y

Seniors Lawyers Softball Team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

AT

L AW

1014 Franklin Street Franklin Suites, Suite 108 Vancouver, WA 98660

Meeting Minutes - CCBA Board of Trustees.. . . . . . . . . . . . . . . . . . . . . . . . . . 14 Meeting Minutes - Superior Court Bench/Bar. . . . . . . . . . . . . . . . . . . . . . . . 16

Available for Referral or Association

Washington Women Lawyers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

360.859.3823 503.974.4161 Email Jane@janeclarklegal.com Vancouver

Family Law. . ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Portland

Back to Africa. . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Clark County Law Library Resources to Know. . . . . . . . . . . . . . . . . . . . . . . 20 Camas Meadows 2018 Golf Tournament. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2018 Battle of the Lawyer Bands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2018 Dean Langsdorf Award.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Multnomah County Circuit Court - Panel Consensus Update. . . . . 27

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The Bench Hears Comments on LR 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SW Washington Lawyer Referral Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

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2017-2018 CCBA Officers & Trustees. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 31

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Stay connected: facebook.com/CCBAWA An annual “green” subscription is included with annual membership dues.

Members may purchase a hard copy subscription for $48.00. Letters, news items, upcoming event and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and space available. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

PRESIDENT'S MESSAGE

Jill Sasser Dear Members: I am honored to serve as your President this year. I have served on the Board of Trustees for about four years (with a gap in the middle), and I have really appreciated the opportunity to learn from the different leadership styles of the Presidents during those years: Judge Fairgrieve, Jane Clark, Arin Dunn, Rick Mc Leod and Mark Sampath. I would like to give special thanks to Mark Sampath who has given tremendous service to our organization over the past four years. I have learned a lot from Mark’s leadership style, as well as his amazing personal style. I will not be able to match his level of style, but I hope we will continue to be efficient and on budget. Thank you Mark!

Board about taking over and expanding the mentorship program that Elizabeth Christy started a few years ago. I understand that it has been a great program, and I would like to see if we can expand it to include all lawyers who are interested in growing and developing their skills. If you have ideas about civility and mentorship, we’d love to hear from you.

A few final thoughts—we could use more Hearsay contributions! If you have any news, ideas, or stories, please let us know. We’d love to share (almost anything!) with our members. Also, Mock Trial is coming up soon. It’s not too early to reserve your spot to rate a trial or two. The Middle School tournament will be held January 30 and 31st. The High School tournament will be held February 27th and 28th. Judge Fairgrieve is hard at work planning the event, and Judge Lewis is writing the case for the students. This is the best event of the year, and you don’t want to miss it!

It has been a busy month so far. Just last week, our members enjoyed a softball game, our annual CCBA meeting, the Inns of Court kick-off event, the Clark County Volunteer Lawyers Battle of the Bands and the golf tournament. (I would like to suggest that we spread those events out a bit more next year.) We have a great membership and I am so thankful for the members that plan these events and participate in them. Special thanks to our CLE committee chair Jane Clark, our Social Committee co-chairs Christina Phelan and Jesse Jacobs, and our Hearsay editor Skyler Tanner.

Finally, I recently had the privilege of attending the fall formal swearing-in event. Judges Clark and Fairgrieve presided over this event, and we had 17 attorneys take their oaths to become members of the Washington Bar Association. It was a wonderful event, and we had lawyers from all stages of life and practice and from law schools all over the United States join us today. We will be running a feature on those new members in a later issue of Hearsay and I hope you will enjoy it.

In addition, thank you, thank you, THANK YOU to Lisa Darco. She is our amazing CCBA manager. We are so lucky to have Lisa. We are now texting on a regular basis, and I look forward to working with her this year to make it a great year for our organization. I encourage you to introduce yourself to Lisa and help yourself to the chocolate she stocks in the CCBA office (this chocolate is a lifesaver for me, as I generally forget to pack a lunch for our meetings).

Please don’t hesitate to contact me, a member of the Board, or Lisa Darco with any questions or concerns. Thank you for being a member of the best bar association in Clark County!

Jill Sasser

In addition to continuing to provide great CLEs and social events (while also being good stewards of your funds), I’m hoping to consider a few issues this year. First, how can we continue to promote civility in our community? Next, how can we ensure that our new lawyers receive the mentorship that they need? I think these issues directly affect the quality of practice in Clark County.

Clark County is a great place to practice and I think we all want to make sure that we keep it that way. I will be talking with the CCBA

CLARK COUNTY BAR ASSOCIATION

CCBA President

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

SEQUELS AREN’T ALWAYS WORSE THAN THE ORIGINALS: A Look at CCBA Parents and the Attorney Younglings Who Have Followed in Their Footsteps

By Heather Norton A couple of my kids have recently left the nest. And as they’ve pondered what to do with their lives I always find myself saying things like, “Hey honey! Why don’t you practice law?! It’s really fun!”

Inevitably they either scrunch up their faces or laugh at me and walk away with something like, “nice try, mom.” I even remember one time my daughter saying, “Uhhh, I think I just got a little throw up in the back of my mouth.” (But tell me how you really feel, sweetheart).

Some of our CCBA comrades have been fortunate enough to see their kids follow in their professional footsteps. Over the next six months we will be featuring these parent/child lawyers-- complete with old pictures of acid washed jeans and bad hair. (Although, I suppose for some, bad hair is better than no hair). abroad for a couple of years before he went to law school. I think that his acquired life experience in doing so and being a bit more mature before he began the practice of law was a big advantage for him. He has certainly excelled in his first several years of practice, and appears to have less of the insecurity that I felt challenged me when I first started. Beyond that, his decision to start at a firm that is focused in a narrow area of practice, handling personal injury and wrongful death cases, has allowed him to gain confidence and success more easily than I think he would have if he would have had to try to be a legal jack-of-all-trades in a general practice like I did.

Still, becoming an experienced lawyer is a challenging process that requires time, hard work, and caring about the service you provide and the people you help.

This month, we proudly spotlight Bill and Brad Thayer. And stay tuned in the coming months as we discover what the journey has been like for other CCBA duos.

BILL

What was your first gig out of law school?

I began as an associate in 1980 with Darrell Lee at his law firm in Hazel Dell, in a general practice. My brother Steve Thayer and Craig Schauermann were working for Darrell at that time. Anything that walked in the door, we would try to learn about and help people with. Criminal defense and appeals, personal injury, wrongful death, divorce, custody, dependency, real estate, bankruptcy, social security, workers compensation, unemployment compensation, wills, probate, or whatever. Being a brand new attorney, with the broad nature of the practice, and with just a few older attorneys in the office to ask advice from, was a bit daunting. I hit Steve and Craig up with a lot of questions. I became a partner in name only at Darrell’s office, but then struck out on my own in my third year of practice, a year after my brother Steve had successfully done so. By then, I was narrowing the scope of what kind of cases I would take to just criminal defense and appeals, personal injury, and wrongful death cases. By 1986, Craig was ready to leave the Hazel Dell firm so he and I started our partnership of Schauermann & Thayer on Fourth Plain Boulevard, where we have been ever since.

What was your reaction/response when your kid said they wanted to be an attorney?

I have loved being an attorney, so I would have to say that however I could, I encouraged him, although I’d like to think I didn’t pressure him. For Brad it was a process. Early on in our talks about careers he told me that he wasn’t leaning toward the law because, from watching my experience as he grew up as my kid, he knew it is a pretty high-stress occupation. I guess in the end though he decided the rewards of a career as a lawyer would outweigh the fact that it is indeed a demanding and stressful line of work.

What advice did you give your kid during law school?

Did they take it?

When Brad was a kid I would always tell him, “Study hard and take good notes!” That was advice that he finally must have really taken to heart by the time he had started his graduate studies. He worked

How do you think your first 5 years in practice differed from your kid?

I was a wet-behind-the-ears 24 year old when I started as a lawyer.

Brad was smart and spent time working at different jobs and living

CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

extremely hard in law school and came out near the top of his class.

So my advice to him I think began to shift to, “Well done, but don’t kill yourself at this. Get some rest and exercise and remember there are other things in life besides the law library.”

BRAD

Do you work with your kid? How is it working together?

Yes. It is awesome. It is truly both a great honor and a pleasure.

After almost 38 years in the practice now it turns out that I have a lot of experience, and having the opportunity to share ideas that may help him in his efforts to do the best possible job that he can for his clients is a wonderful thing.

How do you think your first years in practice differed from your parent?

Bill worked at a firm that did work across a number of different practice areas initially and when he decided to leave that firm, he struck out on his own for a bit before joining with Craig to start the firm that we are at now. I think him having that experience with such a varied practice (from an area of law perspective) and then trying to build his own solo practice and later this firm from the ground up with Craig is undeniably different than my experience thus far.

What was your first gig out of law school?

Doing what I do now, practicing plaintiff’s personal injury and wrongful death with Bill and our partners at Schauermann Thayer.

What do you wish your child knew about what it is like practicing now verses when you were just starting out?

Well, Brad has had to hear from his older partners and “dear old dad” about how different things were back then, probably a lot more than he needed to, but the main difference is due to the explosion of technology. We have come a long way since the days of just typewriters with carbon paper copies. Almost everything that is believed to be so crucial to our law practices today, none of that existed yet in 1980--basics like computers, fax machines, emails, cell phones, texts, the internet, listservs, and electronic filing.

People are still people, though, and basically, the tenets of building a good reputation and staying sane through a career of serving the community as a lawyer remain the same. I think what I have learned that I would want him to keep in mind is that a good old-fashioned in-person visit or telephone conversation with a client, colleague, or opponent is usually the best way to get things done in a manner that will cause the least risk of misunderstanding or ill will. I see a lot of angst and unnecessary bad outcomes from people forgetting to come out from behind their emails and texts to shake hands and genuinely interact with each other.

For me coming into this firm, its reputation in the community has already been established over 30 years and it has always had an extremely limited scope of practice—with it being almost exclusively plaintiff’s personal injury and wrongful death in both Washington and Oregon (although Bill did some criminal defense work here for a while).

With respect to breadth of practice area, I have been able to laser in on what I need to know and focus on being as knowledgeable as possible right out of the gate about our specific practice areas.

Also, accepting the challenge of working to maintain the reputation that our firm had already established moving forward (me) is a different challenge than working to establish that reputation in the first instance (Bill).

I think Bill had to fight through more adversity earlier on than I have had to, frankly.

What do you admire most about your young attorney? Anything you see them do that came from you? Anything that is uniquely their gift?

When I was a brand new lawyer, my brother Steve told me, “Don’t worry, it is in our blood--you were born to do this.” Since our dad was a lawyer and his dad was a lawyer, that sounded plausible enough. I have to say that gradually I came to believe it, and once I did, it gave me confidence when needed. I do feel that Brad is gifted as a young attorney, but how much of that is due to the hard work he put into becoming an attorney, versus what part of it came from genetic memory or hearing about how to practice law in a way that helps people and allows you to remain human from his dad, I don’t know.

What did you hope would be your parent’s reaction when you told them you were going to law school? What do you remember their reaction being?

I had wanted to go to law school for a long time, but I did not think I would be able to. I saw the LSAT as a barrier to entry for me. I struggled mightily with logic games. I tried taking an Introduction to Logic class in college and I flunked it. My brain did not seem to work that way. So, I actually got to the point where I had accepted that the legal profession was more or less unattainable for me. I think my folks might have just respected my acceptance of that notion at some point.

What would be your “plan B” if you weren’t an attorney?

If I had thought doing so would have allowed me to reasonably support my lovely wife and kids, I might have been a writer or a fisherman. Maybe a trout bum that tried to sell his short stories, or I might have tried to write “the great American novel”. But my love for fish and literature is something that I have learned to have as my “minor” so to speak, with being a lawyer that strives to help people get treated fairly as my “major”.

I was living in Spain when I decided to try and get into a law school and when I started studying for the LSAT. Since there were no guarantees that I would actually score high enough on the LSAT to be able to attend law school when I first made the decision to go for it—we saved our reactions for when I found out my score. But, even then, I had to find a law school that would take me! When I did, we were all relieved. But, it was a process.

What (if anything) did your parent do to help you during law school?

He consistently talked me out of taking the classes I wanted to take and consistently talked me into taking the classes I had zero interest in. His aim was to ensure that the bar exam was not the first time I saw the worst of the worst subjects (like Federal Income Tax, among others)!

What is the biggest lesson you’ve learned from seasoned years in practice that you hope to pass on to your young attorney?

Don’t lose sight of why we do what we do. The business aspect of economic survival has to remain a consideration, and charging fairly for your services is important and essential, but remember that at the end of the day, our job is to make people’s lives better. Sign on to take a case only when you think you can help, work hard for your clients, care about them, and do the best you can to achieve an outcome for them that actually makes their life better.

CLARK COUNTY BAR ASSOCIATION

It was good, sound, practical advice—but, it was a bitter and jagged pill to swallow for me at times. It made things easier, ultimately, 6

HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

Washington State Bar Association Private Health Insurance Exchange With healthcare on the minds of many of our members, WSBA has launched a private health insurance exchange designed to assist individual members and employer groups in securing health insurance coverage as part of the Bar’s newest member benefit.

Initial offerings available include: • Group Health Insurance (fully insured, self, and level-funded options) • Individual Health Insurance • Dental and Vision Insurance • Long-Term Disability Insurance • Term Life Insurance

The new WSBA Private Health Insurance Exchange offers a broad level of choice and concierge-level of support designed for solo and small practitioners, and employer groups alike. It is administered by Member Benefits, Inc., a company with 30 years of benefits experience including work with other bar associations across the country.

WSBA members will receive special private exchange rates and have access to expert assistance from Member Benefits, Inc., who will be sending an email with more details about the exchange.

Enrollment begins Nov. 1, 2018 for coverage beginning Jan. 1, 2019 Members can find more information at wsba.memberbenefits.com

when it really mattered. It was honestly a massive reason why I was able to successfully take both the Washington and Oregon bar exams with little issue and I did not have to wait years to waive in to one jurisdiction or the other.

to science when the time came so we could see how the hell he could maintain all of those positive characteristics nearly all of the time.

I am often amazed, too, that he gets away with saying some of the stuff that he does. Always being honest can often lead to some pretty difficult conversations, but it always works out for him with people taking the truth OK and still thinking fondly of him.

Do you work with your parent? How is it working together?

Yes. It’s good. We are friends. He was the best man at my wedding.

He was my boss for a time. Now he is my law partner. We respect each other. I try not to pop off at the mouth too often. He tries not to be too preachy too often. We also try to remember when we are hanging out with friends and family outside the office not to get too deep into talking business. As one can probably imagine, we are not that fun to hang out with when we do!

What would be your “plan B” if you weren’t an attorney?

I probably would’ve been a teacher. I was teaching English in Spain when I met a friend who taught me how to execute a plan of attack that would ultimately allow me to get past the LSAT (my perceived barrier to being an attorney).

Do you have any memories of your parent practicing law (any memories that do not require therapy) that you can share?

Absolutely. He used to be my coach for everything from soccer and basketball when I was little to mock trial in high school. He was always dictating in the car as we drove to practices and games and competitions. Having to listen to that constantly led to a lot of questions from me about what he was saying in his dictation and what he was doing more generally—so I got pretty familiar with what he did for a living and how he did it from a really young age.

What is the biggest lesson you’ve learned from your seasoned parent? What do you hope to emulate?

It’s difficult to pick one, but the best way I can sum everything up into one big lesson would be: “Love what you do and love how you do it.”

We are definitely different people, so inevitably there will be distinguishing features in who we are and how we practice law and how we live—but, I’ll hope to emulate his fundamental approach to and consistency throughout in all of those different aspects of life.

What do you admire most about your attorney parent?

Just who he is as a person. How people respond to him. He is genuine—he is who he is—and, he is the same person to everyone.

He tells the truth and he tells it like it is. He also always gives people the benefit of the doubt. He cares, and people can tell that he does.

He is an overwhelmingly positive person most of the time, too. My mom and my sister and I always joked that we would donate his brain CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

WELCOMING CLARK COUNTY MANAGER, SHAWN HENESSEE

By Skyler Tanner When you meet the new Clark County Manager, Shawn Henessee, we think you can gauge the kind of day he expects to have based on his tie. He has his “interview ties” and his “funky ties” and we hope we get to start seeing more of his funky ties now that he is settling into his office and a life in Vancouver, Washington. Although Mr. Henessee’s current job does not require him to practice law, he is a Washington-licensed attorney, and we are excited to introduce him to you and involve him in our community.

Mr. Henessee was born in Wichita, Kansas, and grew up in Kansas and Colorado (north of Denver). His parents moved his family lots while growing up, but he was back in Kansas by the time of high school graduation and from there attended Wichita State to obtain a bachelor’s degree in Political Science, and the University of Kansas, for a master’s degree in political science. After graduation, he obtained a job in a law firm in Kansas City that solely worked with the public sector. Because of his work there with a large number of communities and his interest, he decided to go to law school and enrolled in a flex program at the University of Missouri-Kansas City where he was able to continue to work with the law firm and attend school. In his need to pay for school, he also made and delivered many, many pizzas.

be an ideal place to live in Washington. When the job as county manager became available, he was very interested.

Two months into the job and he has not yet found many surprises.

He is adjusting to the differences in structure, systems, and terminology of a new county, but Clark County is not the biggest or smallest county with which he has worked, so he has been able to settle in well. Of note, he has liked that the Public Health department of the county has been the middle between the counties he worked with in Missouri and Wisconsin in terms of the amount of projects it oversees, but he is still trying to figure out why the county attorney sits in the prosecuting attorney’s office. He also knows he has a big job in front of him in addressing the county budget shortfalls.

Because he has wanted to move to Washington since his undergraduate studies, he never took the Kansas bar exam, but instead was admitted to the Washington bar. In his ongoing efforts to come to Washington, he has maintained his license since then, despite this job being his first in Washington state. He has since also been admitted to the Maryland and District of Columbia bars.

He is also admitted to practice before the U.S. Supreme Court.

In the few minutes he has not in his office, he spends time with his wife, Christine, and their 3 dogs, two of which are rescue dogs and one is a foster dog (with an indefinite and hopefully permanent timeline). Christine continues to work remotely for the same title company she worked for in Missouri. Mr. Henessee has historically enjoyed rebuilding cars and machines and learning of astronomy (including building his own telescopes), but has not found much time for that in the recent past. He collects rare books, particularly by John Steinbeck, and loves to read. He also enjoys travel, with a keen interest on going to Iceland and swimming in a volcano.

After law school, Mr. Henessee taught at a junior college and worked as a lobbyist in the Greater Kansas City Chamber of Commerce.

He then started his list of jobs in government administration that would lead him to us in Clark County. He first worked for Jackson County, Missouri, and then moved to Wisconsin to be a county administrator for Marinette County, and then back to Missouri to be a city administrator of Pleasant Hill.

Mr. Henessee first learned of Clark County when driving through Vancouver on his way to a job interview elsewhere in Washington.

At the time, he commented to his wife that Clark County would

CLARK COUNTY BAR ASSOCIATION

Please wish him luck in this new challenge and watch for pictures of him swimming in Iceland—we’ll include that story here, too.

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

A VIEW FROM THE BENCH

NEWS YOU CAN USE: BOOKKEEPING TIPS

By Jill Sasser

By Emanuela Sandri No business meal deductions for 2018—but . . .

During the annual CCBA meeting on September 17th , members enjoyed a CLE presentation from Judge Kristen Parcher and Judge Suzan Clark. They provided some excellent reminders and feedback to the audience.

From AIPB (American Institute of Professional Bookkeepers) member newsletter, The General Ledger:

• Be prepared, polite and punctual.

Although the new tax law eliminated deductions for entertainment expenses, tax experts have continued to debate whether the cost of a typical business meal with a client is, in fact, deductible. In a recent analysis in Tax Notes Today, experts disagreed on whether, under current guidance, business meals with clients are always entertainment and therefore not deductible.

• Be considerate of the schedule of the judge and other parties (e.g. have documents ready, be prepared and pay attention).

• Try to be quiet in the courtroom, especially while the judge is talking.

However, the experts agreed on these key points: • Be considerate of individuals sitting in the audience. It may be the worst day of their life—they need to hear and understand what is going on.

• The deductibility of client meals under the new tax law will not be clear until the IRS issues some kind of guidance.

• Try not to block the audience.

• Businesses should be documenting their 2018 business meals.

They fear if the IRS issues guidance that supports deducting client business meals, many businesses will not have the substantiation required under §274 and its regs.

• Read the rules (and re-read them on a regular basis).

• If the judge says he or she has read the pleadings, they have.

Bottom line: Until the IRS (i.e., not just the new tax law) says business meals are not deductible, continue to maintain the required documentation of business meals.

• Provide materials to prep your client about the court process so they understand what will happen (consider using a standard handout).

• If you have multiple court hearings at the same time, email the people involved and the Judicial Assistant to let them know where you will be.

• If a matter is expected to take more than 5(ish) minutes, contact the respective Judicial Assistant to determine whether it should be moved to a special set hearing time.

A new attorney to our area, Dennis Stubblefield, is moving his practice here from California. He commented on how lucky we are to have this kind of access to the court and our judges. I agree Dennis! I am very thankful to practice here in Clark County. Thank you Judges Parcher and Clark!

CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

CLE SCHEDULE NOVEMBER 14, 2018

JANUARY 9, 2019

NUTS & BOLTS: PRACTICE TIPS & TRICKS FROM OVER HALF A CENTURY OF EXPERIENCE

NUTS & BOLTS: THE NUTS & BOLTS OF HANDLING MANDATORY ARBITRATIONS

SCOTT HORENSTEIN & TOM PHELAN

SCOTT STAPLES & LOREN ETENGOFF

WareHouse ’23 Event Space

WareHouse ’23 Event Space

$60.00 for Members

$60.00 for Members

$90.00 for Non-Members

$80.00 for Non-Members

$30.00 for Non-Attorneys

$30.00 for Non-Attorneys

DECEMBER 6, 2018

FEBRUARY 13, 2019

CLE: ETHICS IN MEDIATION (2 HOURS) & OREGON ELDER AND CHILD ABUSE REPORTING (1 HOUR)

NUTS & BOLTS: CLIENT MANAGEMENT AND TRIAL STRATEGY

HON. JOHN NICHOLS (RET.), HON. BARBARA JOHNSON (RET.), HON. SUZAN CLARK, BILL THAYER, ERIN MORRIS

CORT HEROY

3:00PM – 5:00PM

3:00PM – 5:00PM

8:45AM – 12:00PM

3:00PM – 5:00PM

WareHouse ’23 Event Space

Fort Vancouver Red Cross Building

$60.00 for Members

$120.00 for Members

$80.00 for Non-Members

$150.00 for Non-Members

$30.00 for Non-Attorneys

$60.00 for Non-Attorneys

MARCH 13, 2019

DECEMBER 12, 2018

3:00PM – 5:00PM

3:00PM – 5:00PM

NUTS & BOLTS: COURT MANDATED ARBITRATION, UM ARBITRATION & MEDIATION

NUTS & BOLTS CLARK COUNTY PRACTICE AND PROCEDURE: CIVIL & FAMILY

LISA MILLER

HON. BERNARD VELJACIC, HON. CHAD SLEIGHT & COMMISSIONER SNIDER

WareHouse ’23 Event Space $60.00 for Members

WareHouse ’23 Event Space

$80.00 for Non-Members

$60.00 for Members

$30.00 for Non-Attorneys

$80.00 for Non-Members $30.00 for Non-Attorneys

JUNE 12, 2019 3:00PM – 5:00PM

NUTS & BOLTS: THE PERFECT QUESTION DAVID MARKOWITZ WareHouse ’23 Event Space $60.00 for Members $80.00 for Non-Members $30.00 for Non-Attorneys

CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

UPCOMING EVENTS

ODYSSEY IMPLEMENTATION CHANGES

NOVEMBER 7, 2018 12:00PM

CCBA BOARD MEETING CCBA Office

The Clark County Clerk’s Office will transition to the new statewide case management system “Odyssey” on Monday November 5th, 2018.

NOVEMBER 13, 2018

Some of our processes will be changing to accommodate the new system and ask for your cooperation with these changes.

12:00PM - 1:00PM

SUPERIOR COURT BENCH/BAR Clark County Courthouse

• Satisfaction of Judgments – you will need to state the date of the original judgment as well as the amount being satisfied

NOVEMBER 14, 2018

• Odyssey case cover sheets replace SCOMIS case cover sheets beginning November 1st. (courts.wa.gov/forms)

3:00PM - 5:00PM

• The Juvenile clerk’s office will no longer be able to inform attorneys of conflicts they may have on cases

NUTS & BOLTS CLE: PRACTICE TIPS & TRICKS FROM OVER HALF A CENTURY OF EXPERIENCE

On Wednesday October 31, 2018 at 5pm, our access to complete entry into SCOMIS ends.

WareHouse ’23 Event Space

NOVEMBER 14, 2018

All NEW cases coming into our office beginning November 1st, 2018 will be given the new Odyssey case number, all cases will end in 06 (our county code). These cases WILL NOT be scanned into Liberty or entered in Odyssey until Sunday November 4th, 2018.

5:00PM - 7:00PM CCBA SOCIAL HOUR

WareHouse ’23 Event Space

Any existing case coming into the office WILL be scanned into Liberty but WILL NOT be entered in Odyssey until Sunday November 4, 2018.

NOVEMBER 14, 2018 5:30PM - 7:30PM

No NEW E-Filed cases will be accepted after end of day on October 26th to November 13th.

INNS OF COURT Heathen Brewing

NOVEMBER 15, 2018

The Clerk will no longer pre-sell case numbers and any case numbers purchased have to be used by end of day on October 12th, 2018.

11:30AM

FAMILY LAW SECTION LUNCH & CLE

Your patience and understanding is very much appreciated as we are learning a completely new computer system and this may increase wait times and document process.

Fort Vancouver Red Cross Building

NOVEMBER 20, 2018 12:00PM

ISSUED BY:

HEARSAY COMMITTEE MEETING

ISSUE DATE:

Scott G. Weber, Clark County Clerk October 5, 2018

CCBA Office

CLARK COUNTY BAR ASSOCIATION

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SENIORS LAWYERS SOFTBALL TEAM 8-Game Winning Streak Against the Young Lawyers After Nail-Biting 7th Inning!

By By Mila Boyd Though we see new, young faces every year, the annual Young vs.

Senior Lawyers Softball Game is no new tradition ‘round here. The first Young vs. Senior Lawyers Softball Game was in 2006, when the lawyer athletes played at Leverich Park, and the sports pages and other CCBA news were printed in the black and white, junior-high looking newsletter. In 2006, the Young Lawyers defeated the first Senior Lawyers team with a shocking 16-3 upset. But this first game is the only game the youngsters can really brag about. This year’s game on September 16, 2018, marks nine wins out of 13 games of softball for the Seniors, with an EIGHT…count them…EIGHT-game winning streak since 2011. Though the Young Lawyers Softball team have a fresh pool of potential ringers each year, the Senior Lawyers, captained by Judge Stahnke maintain an outstanding winning record!

Rain or shine, injuries and banter, the love of the game continues at Prairie Field.

This year, the Young Lawyers showed some threat after the first inning, ahead 4 to 3. The Senior Lawyers were just warming up and shut out the Young Lawyers in the second inning 0-3, and then went on with a staggering 0-13 third inning. By the fourth inning the Senior Lawyers were up, 4 to 20. Scott Horenstein, pitcher and longtime Senior teammate, offered the youngsters to call the game (probably more for muscle preservation versus ego). But this fueled the Young Lawyers, captained by Katie Sinclair. Young Lawyer, Kenny Wallace nailed a grand slam with bases loaded, bringing the score up to 11-21 after the fifth inning. The Senior Lawyers weren’t sweatin’ it after the sixth inning, especially after Senior Lawyer, Dan Gasperino hit a homerun securing their lead, 12-24.

But the fans and players alike were holding their breaths during the seventh inning when the Young Lawyers started pounding home plate. Young Lawyers hit not one, but two homeruns—another by Kenny Wallace, and one by Brian Pruett. Though the youngsters did not equalize the game, their impressive seventh inning brought them to a respectable 20-24 loss.

What a game!

CLARK COUNTY BAR ASSOCIATION

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CLARK COUNTY BAR ASSOCIATION

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MEETING MINUTES

CCBA BOARD OF TRUSTEES

Renew Your Membership!

AUGUST 1, 2018 Called to order 12:09 (Larson, Cheney, Emrich, Green, Sasser) Lisa Darco present.

If you haven’t renewed your CCBA membership this will be your last issue of HEARSAY!

June 6, 2018 board meeting Minutes: motion to approve (Cheney/ Sasser) Approved Treasurer’s Report regarding July 2018: (Cheney) We reviewed the report he submitted. One month away from end of our fiscal year.

Foreseeably ending on great note as we should end $4,000 ahead of expenses. Fourth year in a row that we have not had to use reserves.

Contact the CCBA office if you have questions or if you haven’t received your membership forms.

OLD BUSINESS

CCBAMANAGER@ CCBAWASHINGTON.ORG

a) Political Advertising Policy (Cheney) Reviewed proposed draft changes. Distinction between political advertising in Hearsay versus advertising using listserv. Listserv limited to judicial candidates having jurisdiction over Clark County only.

360.695.5975

Motion to accept proposed policy draft with changes board suggested. (Cheney/Sasser) Approved b) Policy regarding trustee duties (Sasser) Nothing regarding trustee duties in bylaws except attendance requirements and ability of president to appoint board members to committees. We need further clarification so that duties are clear to those seeking trustee positions.

Trustee – Jack Green (2 years remaining) Trustee – Discussed filling slate. c) Hearsay (Sasser) Need correspondents in different groups who will write articles: i.e., Washington Women Lawyers, Guardianship Section, Family Law Section, Young Lawyer Section

Proposed bylaw amendment will be presented for approval of the membership at the September general meeting.

c) Computer hardware/software(Cheney/Darco) Vendor is still in process of install.

Need 2-3 substantive articles per month. Writers needed. d) Annual Meeting – September 17 i) September 17, 2018, Red Cross Building, noon ii) Budget presentation iii) View from the Bench CLE following meeting – Judge Clark & Judge Parcher

NEW BUSINESS a) Water Damage (Sasser) Small fire over the weekend in office above the CCBA. Our sprinklers turned on. Office now has industrial fans and some carpet water damage. Good news: no damage to computer or electronic equipment. Filing cabinets kept records dry. Darco does not think insurance claim needs to be filed with CCBA insurer. She is working with the county about the carpet.

e) Family Law Section elections Waiting to hear. f) District Court Starting Bench Bar Meetings Every other month Tuesday 8/14/18 noon Location tbd

b) Report from Nominations Committee (Sampath) Pres – Jill Sasser VP – Paige Spratt Secretary – Le Ann Larson Treasurer – Trustee – Christie Emrich (1 year remaining)

CLARK COUNTY BAR ASSOCIATION

Adjourned 12:25

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Looking to Grow and Build your Client Base?

Conference Room Available to Rent!

The CCBA’s office conference room is available for meetings and depositions at reasonable rates. Contact the CCBA office for more information and availability.

Join the southwest washington Lawyer referral service!

CONTACT THE CCBA FOR MORE INFORMATION: 360.695.5975

360.695.5975

SEPTEMBER 5, 2018

NEW BUSINESS a) Hearsay (Sasser) Need to find more writers. 3 feature articles needed per month.

Called to order 12:08 ( Sampath, Larson, Cheney, Emrich, Sasser, Green) Lisa Darco present.

August 1, 2018 board meeting Minutes: motion to approve (Cheney/ Sasser) Approved

b) Attorney Fee Survey (Sasser) Last done in 2010. Members ask occasionally. VLP has requested. Need significant responses and turnout for it to be accurate.

Treasurer’s Report regarding August 2018 and Budget Presentation for 2018/2019: (Cheney)

Discussion. Ended at -$664 for the fiscal year. Expected to be tight with computer/IT expenses.

Reviewed Budget projections for 2018/2019 (handout). Hearsay advertising was down $5k (came in as forecasted in the budget but down from the previous year). Hearsay graphic design cost (referred to as “printing” in budget handout) has increased. CLE costs reviewed. Social event costs reviewed.

c) Open Forum Meeting Local Rule 40( c ) (Sampath) The CCBA announced the meeting, via email to members, to be held on September 14.

d) Fall Calendar i) September 16 – Softball ii) September 17 – Annual Meeting (CLE following- Judges Clark and Parcher) iii) September 20 – VLP Battle of the Bands iv) September 21 – Golf Tournament v) September 27 – Formal Swearing In vi) October 18 – Bowling with the Judges

Darco will look into graphic design/printing costs for Hearsay. Darco will look into CLE costs. Need more sponsors for Summer BBQ. Need to get more advertisers in Hearsay.

e) Lawyer Referral Service Need a policy on what to do with a pattern of complaints.

The board will address a proposed policy next month.

OLD BUSINESS a) Computer hardware/software(Cheney/Darco) Terminated the work of prior vendor. New vendor finished the project.

CLARK COUNTY BAR ASSOCIATION

Adjourned 12:53

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MEETING MINUTES

SUPERIOR COURT BENCH/BAR

We Need You!

SEPTEMBER 11, 2018

HEARSAY is in search of new and exciting material and new and exciting contributors!

Please join us on the third Tuesday of every month at noon in the CCBA office!

If you have a great idea to share, please don’t hesitate to contact us.

The meeting began at noon. Person in attendance were: Nicholas Alexander, Jolene Sell, Heather Carroll, Sean Downs, Rick Mc Leod, Karen Campbell, Judge Fairgrieve, Judge Veljacic, and Judge Vanderwood.

OLD BUSINESS 1) Update on LR 40(c) – Scheduling order issue. a. An open forum meeting with the legal community will be held on Friday, September 14 at the Public Service Center hearing room at 5:30. i. The Bench will hear opinions from attorneys.

2) Video to show jurors of unconscious bias has been approved. a. Video has been adopted and published by the Western District and King County. i. If adopted by Clark County, will be shown at every jury pool ii. Other issues include if video needs to be shown in District Court. b. Issues for implementation include timing of trials and an already tight window for jurors to report and begin duties. c. Judges note that because of timing of trials, juror orientation is not an exact science; considerations need to be given to jurors scheduling and to Court needs to be mindful that they do not upset them.

EMAIL YOUR STORY IDEAS TO CCBAMANAGER@ CCBAWASHINGTON.ORG

6) Judge Fairgrieve: 2019 Mock Trial is scheduled for January 30-31 for Middle Schoolers and February 27-28 for High School. a. October 20, 2018 is when case details are scheduled to be released. b. Asks any attorney who want to participate to block time out on their calendars. c. Preliminary meetings have already occurred – progressing well.

NEW BUSINESS 1)

City of Vancouver: No new business

2) Sean Downs: Mr. Downs has been having ongoing discussions with the prosecutor’s office regarding no bond warrants – which are believed to be in violation of the Washington Constitution. a. Heather Carroll, Indigent Defense Coordinator, noted when warrants are asked for by prosecutors a summons would suffice.

7) Karen Campbell: Northwest Justice Project has hired a new attorney, Timothy Murphy. Mr. Murphy is focused on housing law but also general law. a. Amy McCulloh is moving on to different career adventures. i. The Northwest Justice Project is looking for an elder law attorney to hire. Job posting is on their website. b. The Northwest Justice Project strongly feels that the Clack County facilitator should be retained.

3) Heather Carroll: [we are] Struggling to find attorney for homicide/attempted homicide cases. Heather discussed changes to find qualifies attorneys if proposal to how Clark County handles indigent defense if proposal goes through.

8) Clark County Volunteer Lawyer’s Program: Battle of the Bands is upcoming and added board members to expand the diversity of the board.

4) Rick McCloud: If lawyers want to be a coach for mock trial, bar needs to be made aware soon.

5) Judge Vanderwood: Wants attorneys to use updated forms as practitioners don’t always use the most recently updated forms, which can be found at Clark County’s website. Judge noted that the Washington Court Forms website does not always the have most recently updated forms.

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WASHINGTON WOMEN LAWYERS

FAMILY LAW

By Meghan Williams

By Emily Roberts

The Clark County/St. Helens Chapter of the Washington Women Lawyers met on September 10th for the latest installment of its Leadership Series, Judicial Leadership: Becoming a Judge. Anne Daly from the King Country Bar Association discussed practical tips and preparation for the judicial screening process; Vickie Kesala of Kesala Law Office in Vancouver discussed the process for WWL's judicial evaluation committee and how to get involved; and our own Clark County Superior Court Judge Bernard Veljacic discussed the Washington Leadership Institute, the appointment process, and his own path to becoming a judge. The WWL judicial evaluation committee's service is heavily relied upon for appointments in SW Washington. To become involved with the local WWL chapter or the WWL Judicial evaluation committee, please contact Meghan Williams, Chapter President, at meghan.williams@millernash.com.

Thanks go out to Miller Nash Graham & Dunn LLP, who sponsored the CLE (credit pending), and Jeffrey D. Barrar, P.S., Vancouver Defenders, for providing lunch.

The Family Law Section of the Clark County Bar Association kicked off its new season on September 13, 2018 with lunch and CLE at the Red Cross Building at Fort Vancouver. The FLS was pleased to have both Jolene Sell from the Prosecuting Attorney’s Office Child Support Division and local long-time family law attorney Scott Horenstein provide an outstanding presentation on the new child support legislation and changes to the Uniform Parentage Act which go into effect January 1, 2019. Attorney Terry Lee also provide a case law update to the group.

The Honorable James E. Rulli was honored at the event with The Dean Langsdorf Award which was presented to him by his daughter Tonya Rulli. The Dean Langsdorf Award is given to a family law attorney each year who has exhibited outstanding professionalism, community activism, mentorship and a commitment to pro bono representation and equal access to justice.

The next FLS meeting will be on Thursday, October 11, 2018 from 11:30 a.m. until 1:00 p.m. at the Red Cross Building at Fort Vancouver. We are honored to have the Honorable James E. Rulli and the Honorable David E. Gregerson presenting on non-parental visitation, including the new statute, RCW 26.11 and the Summons (FL Visits 475).

Monday, October 1 – Running for Office: Jane Van Dyke (CCPUD Commissioner), Karen Bessemer (Emerge Washington), Katie Archer Jolma (Archer Public Affairs), and Liz Pike (State Representative for the 18th District of SW Washington) will be on panel for this series regarding running for office.

If you are not a member of the FLS, but would like to join, we would love to have you. Please contact the CCBA about joining at 360695-5975 or ccbamanager@ccbawashington.org. We look forward to seeing you at our next meeting.

Monday, November 5 – Community Firm Leadership: LeAnne Bremer (Partner-in-Charge of the Vancouver office of Miller Nash Graham & Dunn LLP), Lisa Lowe (Managing Partner of Schwabe Williamson & Wyatt), and Jean McCoy (President of Landerholm P.S.) will discuss community involvement, their work-life balance and their path rising to management within their firms.

Monday, December 3 – Planning Meeting at 4pm. Location TBD

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BACK TO AFRICA

By Hon. Suzan Clark On my morning drive into work recently, I heard a news story on NPR about the fact that Americans use less than half of their allotted vacation time. This seems particularly true amongst practicing attorneys. Studies show that taking time off contributes substantially to your overall health and well-being.

happier and more prosperous. Inflation and prices remain fairly stable. We walked about 7.5 miles around Victoria Falls. Although the trails were paved, steep inclines in places made pushing Gabby’s wheelchair somewhat challenging for Christie.

Traveling with a disabled person definitely opened our eyes much wider to what the world is like for wheelchair users, aka “rollers.”

Gabby and Christie are the most intrepid travelers I have ever known. In Africa, disabled access to sights, accommodations and public spaces lags behind much of the rest of the world. We found the African people to be incredibly helpful, though, in making sure Gabby could fully participate in the trip.

I worked hard to take time to travel during my 19 years in private practice. I have come to realize that spending time in the far corners of our world has made me a better citizen of my own country. With careful planning, I have been able to continue to travel during my judicial career.

I first ventured to Southern Africa in 2002 and at that time, Zimbabwe struggled under the regime of then President Robert Mugabe. Runaway inflation made menu prices a challenge. I recall a hamburger priced at $54 (US dollars!) on the hotel restaurant menu.

Travelers had to negotiate the price of every meal and the local people suffered terribly under what was essentially a dictatorship.

We took a day trip from Victoria Falls to visit Chobe National Park in Botswana. Many of the estimated 50,000 elephants in the park turned out on the banks of the Chobe River to play in the water while we watched in genuine awe from our tour boat. We saw lots of game throughout the day and a couple of ferocious looking crocodiles.

From Victoria Falls, we returned to Johannesburg by plane to begin our trip out to Kruger National Park. I am always careful to rent a vehicle with an automatic transmission because South Africans drive on the left side of the road and I am not coordinated enough to shift a manual transmission with my left hand!

For me, it was love at first sight with Kruger National Park and that love affair continues to this day. I have since had the good fortune to make five trips back to South Africa and the surrounding countries.

This past July I had the pleasure of returning to Africa with my sister and local bar members Gabby Richards and Christie Martin to visit Zimbabwe, Botswana and South Africa.

Judy and I took a detour out to Pilanesberg National Park near the Sun City Resort. I still own the odd sized single of “Ain’t Gonna Play Sun City” produced by the Artists United Against Apartheid. Sun City plays a significant role in the movement leading up to the end of apartheid in South Africa. At the time of Sun City’s opening in 1979 black tribal populations largely lived in Bantustans. Sun City was built in a Bantustan which, like several other Bantustans, were declared independent by South Africa as a way of achieving apartheid. The rest of the world did not acknowledge the independence of any of the Bantustans. The history of this area is fascinating and Pilanesberg National Park boasts a great diversity of game in a natural caldera. Driving around the park we saw lions, elephants, giraffe, zebra, hippo and a multitude of different types of antelope.

The first and most obvious thing about traveling to South Africa is it is a long way away! We fly from Portland to Amsterdam and then board a flight to Johannesburg a short two hours later. Flying time between Portland and Johannesburg is about 19 hours on this route.

On the way home, we stop and spend the night in Amsterdam to make the flights a little less brutal. Gabby and Christie left a few days earlier and stopped over in Amsterdam first and then flew on to Capetown for a few days.

We met up with Gabby and Christie in Johannesburg to fly to Victoria Falls. About an hour into our flight, the pilot announced that we were returning to Johannesburg as the windscreen on the plane had shattered (at 36,000 feet!). We flew back to Johannesburg very slowly and at low altitude so that if the second layer of the windscreen blew out, the cabin would not depressurize. Fortunately Judy and I did not see the picture Christie took of the shattered windscreen until after we were off the plane!

On our drive out to Kruger, we stopped off to explore Blyde Canyon on our way. It forms the northern portion of the Drakensburg escarpment and the canyon has an average depth of 2,461 feet.

It is one of the deepest canyons in the world. We took in some breathtaking views out over the canyon.

We eventually made it to Victoria Falls, minus some important medical equipment for Gabby. Although there have been assassination attempts on the new president’s life, Zimbabwe is much better off under the new president. The local people seem

CLARK COUNTY BAR ASSOCIATION

After stocking up on groceries, South African wine and locally grown oranges, bananas and avocados, we headed into Kruger National Park for a week. When I talk to people about Africa, I realize the

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Photo Credit: Christie Martin

preconceptions people have about the continent. For the most part, wild game animals are contained within wildlife reserves or national parks. Warthogs, badgers, baboons, vervet monkeys, mongoose and other small wild animals may be present in more populated areas similar to where you would find raccoons and squirrels at home.

Elephants, giraffe, lions, leopards, and other big game animals are not generally found outside of reserves or national parks.

With leopards, lions, cheetahs, elephants, Cape buffalos, hippopotamuses, giraffes, wildebeest, etcetera, roaming freely, you only get out of the car at designated areas within the park and even then at your own risk. Guided night and early morning game drives are available, affordable and very popular. Or you can enjoy your campfire, the amazing South African wine, and sort through the multitude of photos you shoot during the daylight hours. Often a hard choice!

Kruger National Park is 220 miles from north to south and 40 miles from east to west. It links with Gonarezhou National Park in Zimbabwe and the Limpopo National Park in Mozambique to form the Great Limpopo Transfrontier Park. Rest camps are scattered throughout the park and can be booked online. We booked into Satara Rest Camp because it is centrally located and known to have a large concentration of big cats in the area. The camps feature similar accommodations. There are campgrounds, guest houses and rondavels. We always choose to stay in a rondavel. I compare it to staying at a motel at home. We book a rondavel with beds, en suite bathroom and a kitchen with utensils. Our rondavel cost approximately $100 per night for two of us and each person pays a daily conservation fee to the park of approximately $23 per day.

Each camp is fully fenced and gated. Satara Camp has a store, restaurant, gas station, pizza parlor, laundry and outdoor swimming pool. They also have accessible accommodations which include roll in showers.

Rest camps, picnic sites with restrooms, and picnic sites with cafes spread throughout the park provide opportunities to stop during the day for a meal or rest break out of the car. Every day presents different game viewing opportunities. We spent a very pleasant hour watching the antics of a group of lion cubs trying to wake up their mothers by jumping on them. The pride of lions appeared to be sleeping off a meat coma after overeating at a kill. Another time we watched a hyena amble across the road in front of car, turn to consider the car full of humans quizzically, and then yawn to show off a ferocious set of teeth.

During our stay in Kruger, poachers shot and killed a park ranger during an armed confrontation. The poachers killed two rhino, sawed off the horns and left the carcasses for the lions and buzzards. We saw three rhino during the course of our stay.

Poaching seems to be getting worse. The sobering policy of poachers being “shot on sight” hasn’t even stopped the practice.

Periodic sightings of armed soldiers can be startling, but necessary for ourselves and future generations to hopefully continue to enjoy the diverse, majestic, spectacular and thankfully protected wildlife of southern Africa.

The camp gate opens at 6:00 am and closes at 5:30 pm. During the day we drove our cars around the park on the paved roads and on some slightly challenging gravel roads in search of game.

Kruger contains an incredibly diverse concentration of wildlife.

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CLARK COUNTY LAW LIBRARY RESOURCES TO KNOW (Or, Why You Should Use the Library)

By Maria Sosnowski The Clark County Law Library offers you a number of resources to help your practice be more successful, and make better use of your time and talents.

• WestlawNext has a database of pleadings called Trial Court Documents that allows you to search for a wide range of civil pleadings. They also have a forms database that allows you to search form books.

General information, checklists, and topic overviews • Washington Practice is an excellent set that covers a wide range of topics. The set is still expanding and the most recently added volume is Land Use.

• We maintain a word file with the names of all CLE chapters, as well as forms and pleadings in the CLEs. If you are looking for something specific, please ask us and we can search those files for you. We also have a set of folders full of information and examples on topics that we are asked about frequently.

• Washington Lawyers Practice Manual, kept in the office, has an overview of 22 subjects. This is a good place to start if you are unfamiliar with an area of the law. There are some forms as well, and the title is available on a CD Rom for checkout.

Case law Are you looking for case law to support your stance? While there are some free sources out there, you can use our subscriptions to either WestlawNext or Lexis Advance and benefit from the editorial additions to the content.

• Deskbooks published by the Washington State Bar and Lexis cover a number of topics.

Secondary sources Of course there are Washington Practice, CLEs, and subjectspecific treatises you can try. We carry WSBA deskbooks, CLEs, Lexis handbooks, and national sets like American Jurisprudence.

• Causes of Action can help you decide if you have the elements you need to prove your case. This set has a collection of research articles that overview a case on a particular issue.

For example, the article can include related actions, what constitutes a prima facie case, defenses, parties, burden of proof, damages, checklists, and sample pleadings.

Online library catalogs The online library catalog at: http://www.clark.wa.gov/law-library/ catalog.html helps you search for a book from the comfort of your office so you can see what we have in our collection.

• Proof of Facts is a set that presents various fact situations, and provides information about how to go about proving the elements of your case. While it includes an overview of the elements and parties similar to Causes of Action, the focus of this set is on proof. It includes checklists, sample testimony, and model discovery forms.

Also, if you are in need of a title that we don’t have, we are able to obtain interlibrary loans at no cost to you from the Washington State Law Library. You can search their catalog at: http://lawlibrary. courts.wa.gov/ and let us know if there are titles you would like us to borrow for you. Emailing us the link to the title you would like to see is the easiest way to do that. We also have other sources for loans if needed. Email can be sent to lawlibrary@clark.wa.gov and you can call us at 564-397-2268 with questions.

• Don’t overlook American Jurisprudence. This encyclopedia of the law is a great overview of topics and general principles in a vast number of areas of the law. Along with this, we own quite a few national subject-specific treatises.

Forms • Am Jur Pleading and Practice Forms are for use in court.

Ask the staff Don’t forget to ask us for help. We can show you where resources are, let you know about others that you were not aware of, tell you about things available online, and otherwise save you time.

• Am Jur Legal Forms are for use outside of court, such as contracts or releases.

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CLARK COUNTY BAR ASSOCIATION

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CAMAS MEADOWS 2018 GOLF TOURNAMENT

By Brandon Campbell With 12 teams and around 48 golfers in attendance, this year’s tournament was a success. Camas Meadows Golf Club, located in Camas, Washington, was a new course from last year’s event at Cedars. The weather played ball and it was comfortable mid 70’s with spots of intense sunshine.

Camas Meadows Golf Club can be an iron specialists friend, but play havoc with those challenged as to mid-range shots. Some holes are tight, with plenty of out-of-bounds trouble. The greens rolled well, and the holes were placed in challenging spots at times. The course was all-in-all in great shape. It is anticipated that next year’s CCBA tournament will be held at Camas Meadows in September, again.

This year’s sponsors deserve a more than honorable mention for their heavily appreciated and generous support. In no particular order, other than alphabetical, much thanks to the following:

sets each teams handicap based on the teams overall performance on various holes, picked at random, from that days round. Then, depending on how a team performed on these randomly selected holes, a preset team handicap was given to each team. First team honors went to Team Dack: Mark Carter, Jack Peterson, Tim Dack, and Matt Philbrook. All teams were awarded some prize. There was a three-way tie for the gross score that ended in a tie-breaker, so Team Christel, Team Nichols, and Team Dack all deserve honorable mentions.

Thanks to our Sponsors Acuity Forensics Attorney Boookkeeping

For those on the fence, or completely confident golf isn’t for them. I encourage you to consider attending next year’s event. Golf can be a frustrating and difficult game. It’s been said to be impossible to master, as well, more than one human’s thrown a club in disgust at a pull, push, chunk or thin. However, scramble format tournaments are meant to equalize the field for fun and the event is a great opportunity to create community in our close Bar. If you are not familiar, a scramble gives each of four players a chance at every shot. Then you pick the best shot of the four, progress to that ball and all other balls are simply picked up (if you can find them). A forgiving entrance into the game. Many folks I spoke to hadn’t really swung a club much (if at all) since last year’s tournament.

Clark County Title Henderson Taylor Law Firm Jordan Ramis Rich Golze Riverstone Chevron Camas Meadows Golf Club

The esprit de corps, weather, and golf club worked together to make this year’s event another hit. If you want to give thanks to those Bar members coordinating the event, please feel free to give the following a pat on the back: Mark Carter, Charles Buckley, Timothy Dack, Brandon Campbell, and our silent partner Jim Senescu (and anyone else I forgot to mention).

The after-round dinner and ceremony was an enjoyable opportunity to commiserate over missed shots and pulled putts. The second year run of the “Cartampblescu” shotgun format, sought to put teams on a more level playing field, without every player needing to have an “official” handicap. The unique format created some end of round drama, as the final scores were tabulated. This format

CLARK COUNTY BAR ASSOCIATION

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CLARK COUNTY BAR ASSOCIATION

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2018 BATTLE OF THE LAWYER BANDS

By Christina Phelan Once again, the lawyers of Clark County took over the Brickhouse restaurant on September 20th to raise money for the Volunteer Lawyers Program and rock out. The event was a HUGE success this year, as the VLP almost doubled their previous years’ donations and raised just under $20,000.

Our very own CCBA President, Jill Sasser, was the host extraordinaire of the evening. She was aptly attired for the event— seriously, great costume, Jill—and provided comic relief to all with her puns and jokes (including a skit that utilized my very adept math abilities).

Paul Henderson started off the evening as the warm-up act, before Glitter and Grits (this year’s newcomers) took the stage and dazzled us with cover songs, saxophones, and costumes. Warball went second with an array of original rock songs, and The Marquee Chimps closed out the night.

The fellas of Warball took home the ornamented guitar (which I am sure has nothing to do with the fact that Blues Ranch, the perpetual winner in years prior, has hung up the mic and retired…) and get to hold on to that trophy for the next year.

CLARK COUNTY BAR ASSOCIATION

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CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

Teresa Foster Partner

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CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

MULTNOMAH COUNTY CIRCUIT COURT

2018 DEAN LANGSDORF AWARD

PANEL CONSENSUS UPDATE

By M. Erica Aquadro

By Jesse Jacobs

As many who read this publication are aware, Dean Langsdorf passed away unexpectedly a few years ago leaving behind a legacy of professionalism and service to our community. The following year, the Clark County Bar Association’s Family Law Section created the Dean Langsdorf Family Law Attorney of the Year Award in his honor. This award was proposed to be given to a family law attorney in recognition of outstanding professionalism, community activism, mentorship to new attorneys, and a commitment to pro bono representation and access to equal justice. This year, the Section was proud and honored to present the 2018 Dean Langsdorf Award to Judge James E. Rulli. The award was presented to him at the Family Law Section’s September 13, 2018 meeting by his daughter, Tonya Rulli, and long-time friend Scott Horenstein, both of whom shared a few words on his behalf. Judge Rulli has devoted decades of his career to serving our legal community, both as a court commissioner and presiding judge of the Clark County Superior Court. Judge Rulli developed and implemented a ground-breaking drug court system and continues to dedicate his time, patience, and attention to the family law dockets. Judge Rulli has touched the lives of many in our community; this reader recalls one instance in particular when he served as a volunteer Judge for the Clark County District Mock Trial Tournament and took the time to give each and every student thoughtful and supportive feedback. Judge Rulli has always been generous with his time, both on the bench and off.

Congratulations, Judge Rulli!

Heads-up for Multnomah County practitioners, the Circuit Court has updated the panel consensus. For those that don’t practice in Multnomah County, the panel consensus is a non-binding look from the bench of a pattern of similar rulings on common issues.

From the civil practitioner’s point of view, I have highlighted a few changes.

Speaking Objections A reminder that objecting “to the form” of a questions in a deposition may not be enough to preserve your objection. The objection ought to be either obvious on its face so that opposing counsel can rephrase the question or the objecting party need state the objection with more specificity.

Prior Medical Records Clarification on the “same body part or area”-rule when seeking prior medical records per Oregon civil rules. Absent special circumstances, a plaintiff does not open the door to discovery of their prior medical history, outside of pled damages, by including in their general damages claims of mental or emotional distress— without claiming a specific psychological condition or injury. For us Washington practitioners, Oregon rules provide for much more limited discovery of a plaintiff’s medical history and generally do not allow access to a plaintiff’s treating doctors until the beginning of trial.

Damage Cap Likely in reaction to Horton v. OHSU, 359 Or. 168, 376 P.3d 998 (2016), the Court has revised its guidance on pleadings of non-economic damages over $500,000.00. While the Court has removed language potentially contrary to the Horton decision, the Court has clarified that it has still not struck pleadings with over $500,000.00 in general damages. Practitioners should note that the Court now appears to take the view that a post-trial determination as to the constitutionality of the award is the proper means to challenge the award, and should prepare their remedy clause arguments accordingly.

Congratuations, Judge Rulli!

Preserving Facebook The Court has a reminder that “relevant social media content” is discoverable and is subject to the same preservation rules as other evidence—despite privacy settings. Instructing your clients to delete is not advisable.

CLARK COUNTY BAR ASSOCIATION

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THE BENCH HEARS COMMENTS ON LR 40

By Jesse Jacobs 360.763.8008 kevin@olympicappeals.com

In response to requests from local civil practitioners, Judges Derek Vanderwood and John Fairgrieve opened up a recent Friday evening to questions concerning the new rule on civil case scheduling. The room was filled with a cross-section of attorneys from both the plaintiff’s and defendant’s side of the aisle, including our own Doug Foley, who was apparently instrumental in prompting the meeting.

Special thanks to Judge Scott Collier for also attending and sharing his thoughts.

Olympic Appeals is proud to be your resource for representation or advice in civil, criminal, or family law appeals.

www.olympicappeals.com

The bench kicked off the evening explaining the new rule came about to clear stale cases and keep the wheels of justice moving through the courthouse. As the judges noted, our county had apparently become the example whenever the State Supreme Court wants to talk about what not to do in civil docketing. When asked about just sending notices of dismissal for want of prosecution, the judges responded the clerk’s office doesn’t currently have the capacity.

The bar came to express their concerns with the impact of the rule.

No new rule is perfect, as practitioners noted, but a consensus felt ours created increased litigation costs and impaired the ability to settle. Concerns over scheduling multiple trials on the same day for civil defense attorneys were raised. A number of practitioners advocated for a system where an LR 40 scheduling order would only be implemented if agreement on scheduling wasn’t possible between the parties, or in cases of prolonged inaction. However, the bench felt they were unlikely to implement such a rule due to issues with oversite. Unfortunately, the ad-hoc approach in implementing the new rule by individual departments seems unlikely to change. Ultimately, civil practitioners were able to express their concerns and the bench took more than the allotted time to listen late on a Friday evening. This reporter has, however, been hearing whispers that the bench may take another look at the rule to address concerns. Though I’m sure a number of us hope of for an open comment period on proposed rule changes, here’s my vote for future such meeting to occur at a time other than on a Friday evening. Especially if it happens on a reporter’s birthday.

CLARK COUNTY BAR ASSOCIATION

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SW WASHINGTON LAWYER REFERRAL SERVICE The CCBA’s Lawyer Referral Service is a program designed to help the general public find attorneys for their needs, while at the same time providing a source of new client business exclusively to our members. To participate, members pay a small one-time annual fee.

(The service is free to the public.) For more information, call the CCBA at 360-695-5975.

The Southwest Washington Lawyer Referral Service referred 256 clients in the month of August.

The Southwest Washington Lawyer Referral Service referred 196 clients in the month of September.

Bankruptcy . . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Administrative Law.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 3

Business & Corp ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Bankruptcy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 0

Consumer .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Business & Corp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 3

Criminal ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Consumer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 9

Debtor/Creditor .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Criminal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 25

Family Law .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Debtor/Creditor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 5

General Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74

Family Law.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 36

Intellectual Property .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

General Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 42

Labor & Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Intellectual Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 1

Real Property ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

International Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 1

Wills & Trusts . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Labor and Employ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 26

Workers Comp . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Real Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....................... 30 Taxation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 1 Wills and Trust. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 12 Workers Comp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ 2

CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

Let your CCBA membership pay for itself!

We are pleased to be partnering with the following vendors who are generously offering discounts to our members!

Mieko’s

Marketplace Flowers

Affordable Bail Bonds 699-3100

360.567.1233

Affordable Bail Bonds: 8% bond for any bond over $2,500

Pacific Office Automation: Free enrollment in Platinum Printer Service.

Members receive free unlimited labor, cleanings and travel time for all printers (a savings of $150/HR).

The Source Climbing Center: Climb 201 at 1/2 price Grays at the Park & Vancouver Pizza Company: 15% off (excludes drinks)

Lexis Nexis, Law Pay & Staples: Call the CCBA office for details

Bleu Door Bakery: 10% off

CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

2018-2019 CCBA OFFICERS & TRUSTEES PRESIDENT

TRUSTEE

VICE PRESIDENT

TRUSTEE

TREASURER

OFFICE MANAGER

SECRETARY

MEMBER SERVICES

TRUSTEE

IMMEDIATE PAST PRESIDENT

JILL SASSER 360.816.2534 jill.sasser@landerholm.com

JACK GREEN 360.694.8717 jack@greenandritchie.com

PAIGE SPRATT 360.905.1433 pspratt@schwabe.com

DAN GASPERINO (360) 397-2261 dan.gasperino@clark.wa.gov

STEFANIE ELLIS (360) 949-7451 sellis@priestandellis.com

LISA DARCO 360.695.5975 ccbamanager@ccbawashington.org

LE ANN LARSON 360.397.2265 lelarson@wapa-sep-wa.gov

TRACEY ALDRED-RAND 360.695.5975 ccbservices@ccbawashington.org

CHRISTIE EMRICH 360.906.7234 CEmrich@barrarlaw.com

CLARK COUNTY BAR ASSOCIATION

MARK SAMPATH 360.597.3514 mark@sampath-law.com

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018

CLARK COUNTY BAR ASSOCIATION 500 W. 8TH STREET, SUITE 65 VANCOUVER, WA 98660

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CALL LISA AT 360.695.5975 CLARK COUNTY BAR ASSOCIATION

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HEARSAY MAGAZINE SEPTEMBER - OCTOBER 2018