2023 December Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

December 2023

December 2019

Happy Holidays from the CCBA!

“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

Andy Nygard, CFP

®

Financial Advisor

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

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

December Hearsay Contributors

Josh Sherman

Jean Mccoy

Leila Arefi-Pour

Jane Clark Legal

Landerholm, P.S

Vancouver Defenders

Josh Sher ma n ded icates his practice to representing patients/ plaintiffs in medical malpractice c a ses. Josh is ad m it ted to p r a c t i c e l a w i n Wa s h i n g t o n a nd Oregon, a nd he reg ula rly lit igates cases in bot h states.

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.

Leila Arefi-Pour is a Criminal Defense attorney at Vancouver Defenders. Leila also specializes in Aminal Law. Leila serves as the Secretary of the Animal Law Section for the Washington State Bar.

Nathan Petersen

Courtney Mendoza

Petersen Rothermel Law Firm

Petersen Rothermel Law Firm

Nathan Petersen is a partner at Petersen Rothermel Law Firm.

His practice focuses mostly on Family Law and Estate Planning.

Cour t ney Mendoza represents clients in matters involving family law and criminal defense. Prior to working for Petersen Rothermel Law Firm, Courtney worked as a Clark County Criminal Prosecutor.

teresa foster partner in charge vancouver

We protect what our clients value most. ®

McKinley Irvin attorneys are known for their relentless pursuit of successful results, whether representing individuals in financially complex divorce or high conflict parenting disputes.

But perhaps our most noted distinction is our steadfast commitment to protecting what our clients value most.

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

Beyond the Robe page 14

Perspectives from Retirement page 16

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Hi, I’m New Here: Roxana Manesh page 18

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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.

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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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Left to right: Steven Hogue, Amy Price, Erik Selden (Team Leader), Bryan Dent, Phil Czajka

When is it possible to be both new and not new?

In the case of these Vancouver locals, who are new to Washington Trust Bank and anything but new to banking.

Meet the team at: watrust.com/Vancouver

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Local Rules Changes - Part Two

by Nathan Petersen

In early March 2022, the Clark County Superior Court decided to undertake a significant project of reviewing our Local Rules. After receiving feedback from several different stakeholder groups within our legal community, Superior Court adopted some, but not all, of the proposed changes. These became effective on September 1, 2022. The Local Rules Committee hosted CLEs and other forums to answer questions about implementation of the Rules.

This is part two of an article that will highlight the most significant changes and offer tips on navigating the new rules. This article will also share advice to attorneys on various reminders and procedures to assist both the bench and practitioners on “best practices” when litigating in Civil and Family Law Divisions.

DISCLAIMER: This article will not address all the rules changes, so please do not rely on this article to give you a complete update on all new or revised rules. Also, this article will not address ex parte procedures.

The Civil and Family Law Divisions continue to work on developing their post-pandemic ex parte process.

Once these procedures have been finalized, Superior Court intends to provide comprehensive information to the bar on the ex parte process.

SEPTEMBER 2023 FAMILY LAW CHANGES TO THE ADMINISTRATIVE RULES AND CIVIL RULES

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On November 8, 2023, the CLE Committee was honored to welcome attorney Chad Colton of Markowtiz Herbold, PC to present on the topics of organizational depositions under CR 30(b)(6) and using depositions at trial. Mr. Colton is a highly experienced trial attorney, and his practice focuses on complex business and transactional disputes. Below are some the important takeaways from the CLE: • What is an organizational deposition? A CR 30(b)(6) deposition essentially allows a party to depose a corporate entity, through the testimony of its chosen designee, regarding “information known or reasonably available to the organization,” and the deposition notice “must describe with reasonable particularity the matters for examination.” It is a powerful discovery tool that forces an organization to make a thorough inquiry into matters before the deposition, so that its agents cannot “sandbag” their testimony prior to trial. For example, an organization is bound to its, “I don’t know” answers at a CR 30(b)(6) deposition.

• When should I take an organizational deposition? In terms of having the important information relevant to the case, ask whether you are a “have” or “have not.” If you are a “have not,” consider taking the organizational deposition early and specifically notice topics that ask the opposing party to identify material witnesses and who assisted with gathering documents in response to requests for production of documents. After doing this, follow-up with additional depositions of the material witnesses identified and discovery requests to plug any holes in your case.

• Thoroughly prepare the designated witness. Because CR 30(b)(6) testimony is binding on the organization, it is crucial that the designee be thoroughly prepared. To ensure thorough preparation, it is important to confer with the opposing party regarding the topics contained in the notice. If it is impossible to prepare the designee for a topic because of the timeframe or the information is not available, move for a protective order right away. Keep in mind that objections are not sufficient under these circumstances because of the obligation to provide a designee to testify about information known or reasonably known to the organization, which is very broad. For these reasons, it is also okay to create timelines or “cheat sheets” to assist the designee, but remember that these are discoverable by the opposing party. Lastly, it can be helpful to use multiple designees if the notice has a variety of different topics that one person cannot possibly cover all on their own.

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• Search for gold nuggets and videotape the deposition. Short, well-captured video clips from the deposition can be extremely compelling evidence to the jury. They can provide the jury with a highlight reel of the important testimony and help the jury decide who is credible. More and more often, Mr. Colton hears from the jury that they place more weight on the deposition videos than the actual trial testimony from the witness because trial testimony comes off as polished and rehearsed. The most powerful videos of deposition testimony emulate the highlight style that we see on TikTok or Instagram.

Remember our attention spans our short, so the video needs to cater to this reality.

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Clark County Bar Association CLARK COUNTY BAR ASSOCIATION BOARD MEETING November 7, 2023

Minutes for the CCBA Board of Trustees Meeting November 7, 2023 Called to order 12:20 pm. Hawke, Wechselblatt, Larson, Melnick, Petersen, (“Shelob” the giant Halloween spider) and Executive Director Darco October 2023 board meeting minutes: Motion to Approve (Hawke/Melnick) Approved Treasurer’s Report (Melnick): Reviewed financial reports.

Ongoing Action Items Committee Reports: Hearsay Committee (Hawke): Lots of great content is in the works.

Social Committee (Darco): Barrister’s Ball will be 3/2/24. The CCBA will host a harvest party and holiday party in alternating years. Darco is planning the holiday party for this year. Get your tickets!

CLE Committee (Hawke): CLEs are planned ahead into the month of June.

DEI Committee (Wechselblatt): No updates Membership Committee (Petersen): Melnick led a discussion about outreach to non re- newed members and those who have never been a CCBA member. A meeting of the committee will be calendared.

Previous Action Items Attorney Fee Survey (Hawke): Board members to review the 2010 survey results and Hearsay article Current Action Items Updated Board Pics and Bios (Darco): Board to review pics and bios for updates. Busby get your pic and bio turned in.

Membership Update (Hawke): 2023/2024: 356 members to date. Non renewed at this time: 94 New members: 21. Total membership 2022/2023: 410. January 1 2023: 385 members.

Upcoming Events Mark your calendars for Barrister’s Ball 3/2/2024 Adjourned 1:00

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Clark County Superior Court BENCH/BAR COMMITTEE MEETING MINUTES November 14, 2023 - Persons in attendance: Nicholas Alexander (nick@vancouverwillsandtrusts.com) Jessi Anderson (jessi@ccvlp.org) Jeffrie Keddie (jeffriek@nwjustice.org) Gabrielle Richards (gabby@cascadialawyers.com) Rachel Brooks (rachel@guardianship-law.com) Curt Welch (cwelch@sussmanshank. com) Judge Fairgrieve (john.fairgrieve@clark.wa.gov) - 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: Discussed changing days of Bench/Bar committee to a different day besides the second Tuesday of the month.

II. NEW BUSINESS: Gabrielle Richards: A few round tables coming up one with Ian Horlor (of DSHS) Thursday at noon – Link can be sent if interested (email Gabrielle) and Judge Retsinas is also having one on December 5, which is an open roundtable, to talk about potential changes to Uniform Guardianship Act, and other protective arrangements. Anyone wanting to find out more about this practice area reach out.

Jessi Anderson: Legal Counsel for Youth and Children HASA staff attorney opening spot – they are trying to get the word out. They assist young people who with legal issues who are potentially facing homelessness. Typically, there is a decrease in UDA filings this time of the year but we are not seeing those this year. There has been a steady increase in UDA filings over the last several months which is putting a huge strain on Right To Counsel attorneys. We are also hiring for a Right To Counsel staff attorney. Ben Moody is the Housing Programs Managing attorney and anyone interested can contact him with questions. Jeffrey Keddie: Dec 2nd 8:45 – noon LatinX Legal Clinic – seeking volunteer attorneys. We are (NWJP) adding UD staff attorney, which will help the strained attorneys – hoping the court can look at caps (to the docket) or something to help alleviate the strains. Name/gender marker clinic is once a month – next one is Dec 20th and is always the 3rd Wednesday of month.

Jeff Keddie: Dec 2nd 8:45 – noon LatinX Legal Clinic – seeking volunteer attorneys. We are (NWJP) adding UD staff attorney, which will help the strained attorneys – hoping the court can look at caps (to the docket) or something to help alleviate the strains. Name/gender marker clinic is once a month – next one is Dec 20th and is always the 3rd Wednesday of month.

Curt Welch: Mock trial started, very interesting case this year for district competition in February, a Will contest case is the assigned case this year with plenty of legal and factual issues. The team has been practicing for past three weeks and will continue to practice weekly, and will have scrimmages against other teams before the competition.

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Judge Fairgrieve: We had a criminal procedures law group meeting last week and we are still addressing issue of individuals coming over from the jail. I believe it is the courts desire to address as soon as we can. The jail, however, has told us that they cannot support us currently, potentially until around early summer of 2024. Issue was from a case the arose in Lewis County where a defendant has pretrial hearings over Webex and it was unclear that he was afforded right to counsel.

Div 1 reversed conviction. Court now will affirmatively tell defendant they have right to counsel and can put them into a breakout room, and if they want to meet with counsel, they can access the breakout room. Ultimately want enough staff to bring them over for in-person hearings for in-custody defendants. Our in-custody slots are getting used on the docket, not so much with out of custody, which is not surprising (as they are not as interested in pleading guilty as in-custody).

Flow is good, but have a physical limitation to how many juries we can bring in. Crim law world going smoothly.

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Jeff Keddie: Is there a desire to have a plan to put cap on break-out rooms as they slow down dockets a bit.

- No, but I hear your concerns. Historically, you want attorneys to discuss with clients prior to docket, but we know that is not always the case. We are going to address it if it slows and lengthens the docket(s).

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We are seeing more and more evictions – is there any movement on the evictions docket?

- Civil matter so I am not directly involved, but those meetings have been acknowledged that the dockets are getting too big and the volume has increased. There is some discus- sion but no decision has been made. Understanding is that attorneys are asking to 2-3 week set over because of the attorney volume. Judge Sheldrick meets with shareholders and they are going to propose potential solutions.

- Jessi Anderson: Possible solutions are second docket during the week? Unless more sustainable we risk losing attorneys.

- We acknowledge we need additional resources as well.

MEETING ADORNED 12:31 pm.

Respectfully Submitted, Nicholas Alexander