October 2023 Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

October 2023

December 2019

“Been there, done that.”

“Still there, still doing it.”

JESSE JACOBS

DON JACOBS

Injury law in Oregon and Washington Available for consult, association, or referral.

JESSE JACOBS Clark County, WA Bar Association President OTLA Guardian WSAJ Eagle DON JACOBS Trial Lawyer of the Year, Clark County (2015) Past President, Oregon Trial Lawyers Association

Portland 503.222.7757

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Vancouver 360.695.1624

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nwinjurylawcenter.com

The Clark County Bar Association is a professional organization that serves to support our local attorney community through providing education and networking opportunities designed to enhance and foster better relationships within the local legal community.

MEDICAL MALPRACTICE WRONGFUL DEATH PERSONAL INJURY

Law office of:

JANE E. CLARK AT TO R N E Y

AT

L AW

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

Available for Referral or Association Vancouver 360.859.3823 Portland 503.974.4161 Email Jane@janeclarklegal.com

October Hearsay Contributors Nathan Petersen Petersen Rothermel Law Firm

Nathan Petersen is a partner at Petersen Rothermel Law Firm.

His practice focuses mostly on Family Law and Estate Planning.

Jean Mccoy Landerholm, P.S

Jean McCoy’s practice focus is real estate transactions and conf lict resolution, landlord/tenant and creditors’ rights. In 2020, she was awarded the Professionalism Award, by the Washington State Bar Association’s Annual APEX Awards.

Bennett Brandenburg Brandenburg Law Firm

As an associate at Brandenburg Law Firm, Bennett litigates criminal and personal injur y cases.

Bennett also serves as a criminal defense attorney for participants in C lark C ounty ’s Superior C ourt Residential DOSA program.

Powerful LITIGATION

SUPPORT

COURT REPORTING

LEGAL VIDEOGRAPHY REMOTE DEPOSITIONS TRIAL PRESENTATION LEGAL TRANSCRIPTION COPYING AND SCANNING LANGUAGE INTERPRETERS

N A E G E L I U S A. C O M

(800) 528-3335

SERVING WASHINGTON AND THE ENTIRE NATION NAEGELI is a leader in the court reporting and trial support industry. We provide exemplary client service while leading the country in technology and innovation. NAEGELI utilizes only the most qualified professionals to assist you and your client at every stage of the legal process.

Established 1980

Lawyer Luau page 18

Battle of the Bands page 10

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I’m a Barbie Girl in a Regular World page 22

Andy Nygard, CFP

®

Financial Advisor

Named to the 2022 & 2023 Forbes Best-in-State Wealth Advisors (Source: Forbes Best-in-State Wealth Advisors in Washington in 2022-2023, awarded first quarter each year, research by SHOOK Research LLC. Data as of June of prior year.

Compensation provided for using, not obtaining, the rating.) https://tinyurl.com/mr2mwnh9

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Landerholm, P.S. is proud to announce that 2023 marks our 75th year in business.

Established in 1948 and located in the heart of downtown Vancouver, Landerholm, P.S. combines unmatched legal counsel with exceptional service. Our attorneys provide guidance in the areas of business, estate planning, probate and trust administration, tax, litigation, employment, real estate, construction, land use, and workers’ compensation law. We have built our reputation by valuing long-term partnerships and relationships grounded in the Pacific Northwest. Recognizing the increasing complexities of the law and our clients’ related needs, we emphasize specific areas of practice, allowing us to provide a depth to the legal services we offer. Our unique approach helps ensure that each of our clients–whether an individual, family, or business–receives relevant, effective counsel tailored to their specific needs.

We look forward to being your Legal Advisors and Trusted Advocates for years to come!

Interested in joining our growing firm?

Email careers@landerholm.com for more information.

360-696-3312 www.landerholm.com clientservices@landerholm.com 805 Broadway St #1000 Vancouver, WA 98660

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Breaking Up Is Hard To Do

Why a Certied Divorce Lending Professional Should Be on Your Team Even under the best circumstances, working through a divorce settlement is a difcult proposition.

When real property is involved, having a Certied Divorce Lending Professional (CDLP) as a nancial neutral on your team ensures a fair settlement for your client.

As a CDLP, Theresa Springer offers a balanced, thorough nancial evaluation of the current and future mortgage nancing requirements and as well as realistic solutions to obstacles in negotiations.

4 Phases of Divorce Mortgage Planning Vetting the House

Qualifying Income

Consumer Debt Analysis

Home Equity Solutions

Examine ownership, property taxes, valuation, etc.

Analyze income sources to meet consistency and stability.

Evaluate consumer debt in accordance with the settlement agreement.

Help divorcing homeowners make a more informed decision.

A different perspective. A better solution.

Theresa Springer brings a lifetime of experience in the mortgage profession, so you can be condent that whatever Home Equity solutions your client needs, she’ll help your team navigate them and provide guidance for making the right decisions.

Call Theresa Springer today to learn more about how she can help you protect your client’s assets!

Theresa Springer, CDLP l NMLS-70667

Certied Divorce Lending Professional Senior Loan Ofcer ofce: 360.326.7527 l cell: 360.798.4161

Theresa.Springer@movement.com www.TheresaSpringer.com 12500 SE 2nd Circle, Suite 120 Vancouver, Washington 98684 CA-DOC283982, OR, WA MLO-283982 | Movement Mortgage, LLC supports Equal Housing Opportunity. NMLS ID# 39179 (www.nmlsconsumeraccess.org) | 877-314-1499. Movement Mortgage, LLC is licensed by10101708“CA Department of Business Oversight under the California Residential Mortgage Lending Act” # 4131054, OR # ML-5081, WA # CL-39179, Interest rates and products are subject to change without notice and may or may not be available at the time of loan commitment or lock-in. Borrowers must qualify at closing for all benefits. “Movement Mortgage” is a registered trademark of the Movement Mortgage, LLC, a Delaware limited liability company. 8024 Calvin Hall Rd, Indian Land, SC 29707.

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8TH ANNUAL BATTLE OF THE LAWYER BANDS

We rocked, we rolled, and we raised $15,500 -- all of which goes towards continuing our work toward equitable access justice in Clark County.

Congratulations to River North for taking the crown once again!

River North: Mila Boyd (Uptown Injury Law), Bennet Brandenburg (Brandenburg Law Firm), Alex Uskoski (Wheeler Boyd), Michael Green (Michael Green Law Office), and John Warball: Eli Rushbanks (attorney, Dollar For), Jack Green (attorney, Terry (Andrews Terry Jeffers LLP) Green & Ritchie), John Terry (attorney, Andrews Terry Jeffers LLP), Colin McHugh (attorney, McHugh Law PLLC), Todd Ouska & Geoff Cecil.

An Invisible Jet: Matt Blum (attorney, Arwood & Blum) McKinney Green: Jack Green (attorney, Green & Ritchie), Chris McKinney, Geoff Cecil, & Tim Dawdy Dead Run: Eli Rushbanks (attorney, Dollar For), Trevor Cartales (attorney, Navigate Law Group), Raasi Rush, Steve Cartales, & Colt Warrington (attorney, Thenell Law Group).

The Breaks: Jeff Keddie (attorney, Northwest Justice Project), Mike Labbee (attorney, Intel), Camille Morhardt, & Alvin Payne

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(CHANGE ON MASTER B) Thank you so much to all ofHEADER our amazing sponsors for their everlasting support, to our legit lawyer bands for rocking the house, and for all of the wonderful guests who came and danced the night away with us!

Thank you to all of our sponsors!

Schauermann Thayer, Wheeler Boyd, Brandenburg Law Firm, Gevurtz Menasche, Henderson Taylor, Greg Price Law, Andrews Terry Jeffers, Arwood and Blum, Robert Gregg, Petersen Rothermel, McKean Smith, McKinley Irvin, Navigate Law Group, Green Ritchie & Bogar 29

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CCBA Members Around Town Don Jacobs participating in a panel CLE of former Oregon Trial Lawyer Association Presidents. Don spoke on his tenure and on defeating a heated referendum campaign to cap attorneys fees in Oregon.

Don and his son, Jesse Jacobs, practice personal injury law together here in town and actively in Multnomah County.

If you know of someone doing something interesting around town, please let us know! Email Lisa 31 (ccbamanager@ccbawashington.org) with your fun facts and pictures.

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McKinley Irvin Family Law Attorneys

Listed in The Best Lawyers in America® & Best Lawyers: Ones To Watch 2024

McKinley Irvin is also honored to receive the 2024 “Top Listed” designation for the most family law attorneys on the Best Lawyers list in Washington, and the most family law attorneys on the Ones to Watch list in the country.

seattle | bellevue | kirkland | everett | tacoma | vancouver | portland | mckinleyirvin.com

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Clark County Bar Association CLARK COUNTY BAR ASSOCIATION BOARD MEETING September 5, 2023

Called to order at 12:10 pm. Phelan, Hawke, Melnick, Jacobs, Aquadro, Sutanto Executive Director Darco August 1, 2023 board meeting minutes: Motion to Approve (Hawke/Phelan) Approved Treasurer’s Report (Melnick): Still in red, less loss than last year. Overall successful with only significant overage being Barrister’s Ball.

Ongoing Action Items Committee Reports: Hearsay Committee: (Hawke) articles developing about Golf Tournament, Lawyer Luau.

Articles are due the 15th day of the month prior to publication.

Social Committee: (Phelan) Lawyer Luau was successful.

CLE Committee: (Aquadro) Committee meeting next week. Year is almost fully planned.

DEI Committee: (Phelan) No committee meeting in August. Street Law program planning is ongoing.

Membership Committee: (Sutanto) no update Previous Action Items Judicial Survey: (Hawke) email will be drafted Current Action Items Proposed Slate of Officers for 2023/2024: (Phelan) Slate of officers approved by board.

(Hawke/Phelan) The approved slate will be voted on by the membership at the Annual Meeting on September 18th.

Law Library: (Phelan) Rachel Brooks approved for 4 year term on the Library Board (Hawke/Phelan) Luau Recap: So much fun! Good turnout. In budget Golf Tournament Recap: (Hawke) Very successful tournament! Budget looks good with few outstanding invoices to be paid. Thank you to Alex, Bennett and the whole committee for all their hard work!

Upcoming Meetings & Events Softball 9/10/23 Annual Meeting: (Come have lunch with your colleagues.) Red Cross Building Septem ber 18th at noon. $25 for lunch, $25 for CLE (View from the Bench), $45 for both Adjourned 12:33 36

Minutes of the CCBA Annual Membership Meeting September 18, 2023

In Person at the Red Cross Building CCBA President Christina Phelan Called to order 12:14, Opening remarks and welcome REPORTS A.Treasurer’s Report, Ben Melnick Presented the 2023/2024 Proposed Budget. This budget is reduced $10k from last year’s. Motion to approve the budget (Jim/ M. Boyd) approved B. Clerk’s Report, Scott Weber Discussed various statistics from the Clerk’s Office. Civil Protection Orders have doubled from last year. The Clerk’s Office has reduced open hours but there are plans to expand again (maybe the noon hour). 80% of the office staff have been employed in the Clerk’s Office less than two years. The office has been understaffed for quite some time, even before Covid. Scott has requested additional employees in his proposed budget. Scott requests that attorneys reach out to the county manager to support additional employees being added.

C. CCBA Committee Reports Family Law Section: Chelsey Butchard The section has 117 members. There are monthly meetings and bimonthly in person social events. Attorneys are needed to sign up for minor guardianship case appointments.

Young Lawyers Section: Kelsey Dodds A new board was elected in June. There is an event today after the swearing in ceremony. The section is planning a CLE series. In the upcoming year the section wants to collaborate on events with other sections so that newer attorneys can meet experienced attorneys.

Guardianship, Probate, and Elder Law Section: Gabrielle Richards (via Zoom) CLEs are planned monthly and open to all. There will be a fall social and the section hopes to coordinate with other sections for the event. Roundtables will be planned. Contact Gabrielle or Don Esau if you have any questions about the section.

CLE Committee: Jane Clark October 11: Buying and Selling a Business - Matt Bisturis November 8: Deposition techniques including 30b(6) depos and using depos at trial - Chad Colton from Markowitz December 13: Profits Interests Awards - Jeff Peterson January 10: Nuts & Bolts of PI - Scott Edwards February 14: General Civil Litigation - Dan Lloyd 37

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March 13: Nuts & Bolts of How to prosecute/defend a criminal case April 10: Nuts and Bolts of Estate planning - Jim Senescu & Juliette Laycoe May 8: The Uniform Family Law Arbitration Act – What you need to know and practice pointers - Judge Rosen (Ret) June 12: Family Law Income Calculations - Commissioner Ellis There will be an end of the year Ethics CLE and brown bags. Let Jane know of any topics you are interested in.

CCBA Diversity Equity Inclusion Committee: Deb Wechselblatt The three areas of focus for this last year and the coming year are: 1) Street Law program with Vancouver Public Schools. They are looking to grow the program and make it sustainable. Reach out to Deb to volunteer. (2) Pride CLE. This year the committee partnered with QLaw to present a fantastic CLE. This was the first CLE QLaw has done outside of Seattle. The committee will build on this success next year. (3) Court Mentorship Program. The program is starting now and the DEI Committee will continue to offer support. Kudos to Courtney Mendoza for all of your hard work on the Street Law Program and other committee work. Thank you!

Hearsay Committee: Whitney Hawke The committee meets the first Thursday of the month at noon. Shout out to Nathan Petersen and Jean McCoy for their efforts. Whitney says this is a low commitment committee; you can contribute as you are able. Contact Whitney or Lisa Darco to become a member or with content suggestions.

Social Committee: Christina Phelan It’s been quite an eventful year. The Barrister’s Ball was sold out and the Summer Soiree a success. There was bowling, golfing, and softball. Stay tuned for coming events.

NOMINATIONS AND ELECTIONS OF NEW OFFICERS AND TRUSTEES Slate presented President: Whitney Hawke, Vice President: Deb Wechselblatt, Secretary: Le Ann Larson, Treasurer: Ben Melnick, Trustees: Nathan Petersen (1 year remaining in term vacated by Deb), Ryan Busby (3 year term), Owen Sutanto (in year 2 of 3 year term), Immediate Past President: Christina Phelan no nominations from the floor Motion to elect the slate of officers and trustees (Jesse Jacobs/Steve Turner) approved ANNUAL REPORT OF SUPERIOR COURT, Judge Derek Vanderwood The consultant recommendations for change have been implemented. No judge rotations are expected for 2024. In the criminal cases there have been changes to the time of first appearances, which are now held in the afternoon. Overall the goal is to move cases as efficiently as possible.

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Family law has made changes to the roles of the commissioners and the judges. Civil has seen an increase in protection orders and unlawful detainer cases.

The Judicial Mentorship Program kicks off next week. In other news, the Family Law Annex will change location within 18 months to the former City Hall building.

ANNUAL REPORT OF DISTRICT COURT, Judge Kristen Parcher Judge Parcher went over stats about District Court and pretrial services. Judge Parcher stated that filings this year are higher than in 2022. Commissioner George is presiding in the Community Court hearings. The people in this alternative court are typically houseless and the goal is to connect people to treatment and resources. District Court is taking a Fairness Challenge. One aspect of the program involves surveys regarding court experiences.

INTRODUCTION OF NEW CCBA PRESIDENT WHITNEY HAWKE Christina Phelan introduced President Whitney Hawke. Whitney spoke briefly.

2022/2023 PRESIDENT’S AWARD TO CHRISTINA PHELAN Presented by Whitney Hawke to Christina Phelan. Christina was awarded a plaque to thank her for her service as V.P. and President. She managed motherhood, work, and board duties like a pro and will continue to serve as the Immediate Past President and purveyor of fun on the Social Committee.

BOARD APPRECIATION AWARDS TO ERICA AQUADRO AND JESSE JACOBS Erica Aquadro served on the board for three years. She was a key person in the start of the DEI Committee. She also worked on the CLE committee and we are pleased she is staying a part of the committee. Simply put, Erica gets the job done. Thank you, Erica!

Jesse Jacobs served on the board for six years. He has served the CCBA for much longer. We thank him for his board service and his continued work on the Social Committee and the Hearsay Committee. Jesse has stepped up over many years to contribute to the CCBA in so many ways. Thank you, Jesse!

Adjourned CLE “A View from the Bench” presented by Judge Gonzales and Judge Parcher followed the meeting.

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Clark County Superior Court BENCH/BAR COMMITTEE MEETING MINUTES September 12, 2023

Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Curtis A. Welch (cwelch@sussmanshank.com) LeAnn Larson (LeAnn.Larson@clark.wa.gov) Alena Clark (Alena@ gunn-law.com) Lloyd, Dan (Dan.Lloyd@cityofvancouver.us) If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the above-mentioned members of the committee.

I. OLD BUSINESS: No old business to report.

II. NEW BUSINESS: Curt Welch: Nothing to add.

Le Ann Larson: CCBA general meeting this Monday (September 18), a lunch (at the Red Cross building), a CLE to follow “a view from the bench” with judicial officers presenting (Judge Parcher and Judge Gonzalez), which is usually outstanding.

Alena Clark: Lisa Darco is setting up remote conferencing for CCBA General Meeting, which will be held September 18. Reach out to Lisa for the link or details.

Jessi Anderson: Had battle of band last week, lots of fun! We had some staff requests when local rule changes come out, that we can have a redlined version at the end (like legislative amendments); would be able to see if comments were adopted.

Dan Lloyd: ALL Practitioners, especially Civil attorneys - PLEASE review LCR 6, important for timing of motions and responses. If filing reply brief, get working papers to Judge’s chambers because OnBase sometimes does appear for a few days and in those cases the Judge may not see the reply if you do not provide working papers.

MEETING ADORNED 12:18 pm.

Respectfully Submitted, Nicholas Alexander

is pleased to announce that

JOSEPH VANCE has joined the firm's Litigation Department as a Shareholder.

360-696-3312

www.landerholm.com clientservices@landerholm.com 805 Broadway St. Ste. 1000 Vancouver, WA 98660