2021 December Hearsay

HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION

December 2021

February 2020 2019 December

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.

December Hearsay Contributors Christie Emrich Vancouver Defenders Christe Emrich is the immediate past president of the Clark County Bar Association. Her practice focuses on criminal defense.

Bradley Thayer Schauermann Thayer Jacobs Staples & Edwards PS Bradley Thayer is a partner at Schauermann Thayer Jacobs Staples & Edwards. His practice focuses on personal injury, auto accident, biking accident, and insurance cases.

Colin F. McHugh Navigate Law Group Colin McHugh is a co - owner at Navigate Law Group. Colin mostly practices employment, personal injury and business law.

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.

mckinleyirvin.com vancouver portland seattle bellevue kirkland everett tacoma

Rule 6 Law Clerk Program page 10

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Hearsay Profile: Larry Merrifield page 16

Bill Thayer is Retired, Mostly page 20

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Happy Holidays to one and all. I hope everyone has plans for a restful and safe holiday season. As always, we are keeping busy at the bar.

Our annual year-end ethics CLE credit-extravaganza is coming December 15th from 2:00 PM to 5:00 PM. Count-em at three full ethics credits—including Oregon’s Mandatory Abuse Reporting requirement. Much thanks to the Oregon State Bar’s Assistant General Counsel and CAO Manager, Linn Davis. It doesn’t stop there, as Judge Jennifer Snider and Judge Kristen Parcher will present on ethics as a “view from the bench.” Last, but never least, Judge Nancy Retsinas will present on ethics issues in Minor and Elder Guardianships. Excellent line-up and one not to be missed. Go to www.ccbawashington.org/event-calendar or email us at the bar to sign-up.

We are again proud to partner with Van Vista to provide much needed items for low-income seniors. Even small contributions make a huge difference. All gifts should be delivered (unwrapped) to the CCBA office no later than Wednesday, December 15th by 4:00 PM. (Same day as the CLE, so plan accordingly). Please follow the link that went out on December 1st or just email us at the bar with questions.

This is our second year in a row without a holiday party due to safety concerns.

We’ll miss everyone again, but the memories remain and are captured in these excellent photos. Much thanks to Santa and hope to see everyone there next year.

Finally, Happy New Year to all our wonderful members. Thanks to all that have contributed to making our association great over these last few years. Look forward to more great things in the year to come.

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Ghosts of Holiday Parties Past

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Setting Up Trust Tracking in QuickBooks Desktop with One Bank Account and One Liability Account by: Emanuela Sandri | Attorney Bookkeeping Services, Inc.

Client trust funds in QuickBooks can be tracked without the need of setting up multiple accounts for each client in the Chart of Accounts.

To track client trust balances in QuickBooks Desktop: • One Time: Setup a bank account and a liability account in the Chart of Accounts, such as Trust Account (type = bank account) and Client Funds (type = other current liability account) • Assign Customer:Job to each line item in deposits/credits (in Make Deposits screen, enter in Received From column) and checks/ withdrawals Create a report of client balances: - Reports menu - Custom Reports > Summary - At Modify Report window (click Customize Report button if needed)

- Display tab

- Dates = All

- Report Basis = Cash

- Display rows by = Customer

- Click Advanced Button and Display Rows = Non-zero

- Filters tab

- Account = Client Funds

- Header/Footer tab

- Report Title = Client Funds Balances

- Memorize report to save created report with current customized

settings: Edit menu > Memorize (report will be in the Memorized

Reports list: Reports menu > Memorized Reports > Memorized

Reports List) Trust Account balance, Client Funds account balance, and total of client balances on report will be the same number. If not, review entries, such as, confirm entries are coded to Client Funds account and entries have client name in the entry.

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PROFILE

Larry

MERRIFIELD Home: Portland, Oregon Age: 54 Profession: Family Law Attorney Hobby: Running

Last Book Read: The Fatal Shore – The Epic of Australia’s Founding Legal Philosophy: The law is and always should be evolving Latest Accomplishment: Completing my 108th leg of Hood to Coast Why I Do What I Do: Every day brings a new challenge.

Profile: Raised in NW Portland right next to Forest Park where my running exploits began. I went to the University of Oregon for my undergraduate studies in Political Science, spent a year working and running for Nike and then went to Gonzaga Law School, where in addition to taking classes I was the Assistant Cross Country and Track Coach. Since returning to Portland I’ve continued to coach local athletes, including one athlete whom I coached to two Olympic Marathon Trials. Today I coach youth runners through the Bowerman Track Club youth cross country program. Besides coach I’ve also continued to run (lifetime mileage 126,000 miles and counting) and have won several medals at the World Masters Games, winning gold at the 20K road race at the 1998 games in Eugene, and two golds in the 10K road race and the half-marathon, and a silver in the 5,000m at the 2002 games in Melbourne, Australia. In 2013 I captained and ran on the M40 US masters national cross country championship team. I’ve been practicing in Washington for over 16 years primarily in the area of family law and when I am not practicing law (or running) my wife and I raise our two children and try and remind our black lab who runs the show.

Beverage of Choice: Three beverages of choices depending on the time of day – AM: Starbucks Dragonfruit Refresher or Venti Non-Fat No Water Chai, Midday: Diet Coke, Evening: A beer. 2021 leading best beer of the year – Humboldt Regeneration Brewing “I Can’t Put My Finger On It” Belgian Golden Ale

HEADER (CHANGE ON MASTER B)

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New-ish to practicing family law in Clark County; Attorney Ryan Mattson

By Amber Rushbanks

Ryan Mattson began practicing law in Washington in March 2020. Originally f rom Philadelphia, PA, Ryan ventured to Portland, OR in the Fall of 2019 with his wife Mary. Shortly after arrival, he began work as a family law attorney a t H e r i t a g e Fa m i l y Law in Vancouver, WA, specializing in divorce, custody, parenting plans, child support, spousal s u p p o r t , p a t e r n i t y, modifications, protective orders, and relocation.

Why family law? I did not envision myself practicing family law when I graduated law school. Upon moving to the Pacific Northwest, I applied to every job I could and wound up at Heritage Family Law in Vancouver.

I have grown to enjoy the practice area as it allows me to assist people going through tumultuous times in their life who truly need help. It has also allowed me to learn from and work with some tremendous attorneys, both as co-workers and opposing counsel.

As a young lawyer, that is something for which I am very grateful.

What motivates you to work hard? My clients. Many of them are going through a traumatic time in their life, and navigating the legal system is an overwhelming task on top of whatever else they are going through.

Being able to provide them with direction, empathy, and quality representation is incredibly fulfilling.

What makes you laugh the most? Friends and family.

Wanting to branch out his practice, Ryan joined the Vern McCray Law Firm in the summer of 2021 to specialize in estate matters, criminal defense, and civil litigation in addition to family law.

Outside of work, Ryan is a massive Eagles, Flyers, Sixers, Phillies, and Penn State Nittany Lions fan.

He can often be found playing guitar, skiing, running, hiking, traveling with Mary, and laughing with family and friends (usually at his own jokes).

What did you want to be when you were young?

A Philadelphia Flyer. Maybe next season.

What is your favorite vacation you have been on?

I went to Maui in January and thought I might never come back to the mainland.

If you could choose to do anything for a day, what would it be? Hang on the beach with friends and family.

If you could only eat one meal for the rest of your life, what would it be? My wife’s penne alla vodka.

What's your favorite holiday? 4th of July.

What's one of the most daring things you've ever done? Switching careers and becoming an attorney.

What is your favorite thing about your career?

Seeing my client’s anxieties and worries dissipate.

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Law Library Jury Verdicts in Westlaw You have free access to Westlaw through the Law Library homepage: (https:// clark.wa.gov/law-library) At the time of this writing, they are allowing up to 20 hours over a 14 day period per email address. Our subscription covers primary law from all states and federal, as well as many secondary sources and practice aids such as Washington Practice, Am Jur, sample pleadings, etc.

The Jury Verdicts & Settlements database is an underutilized aspect of Westlaw.

This content includes personal injury verdicts, settlements, judgments, and arbitrations from both state and federal courts. Most people using this database search for specific types of physical injuries or body parts that were damaged.

However, you can also search for specific types of torts such as breach of contract or assault. Approaching the search in either of these ways allows you to use the Search within results feature to combine the two entry points.

You can navigate to this database by selecting Jury Verdicts & Settlements from the All Content tab on the main page, then selecting your jurisdiction. Then you can enter your search terms in the search box that is labeled as limited to the database you chose.

If you prefer, you can start with your search terms and then select Jury Verdicts & Settlements from the left column.

You can use the additional filters in the left column to narrow your results. You can also get a sense of the range of awards in one of those filter choices which is helpful for an overview. As an example, a search for “slip and fall” within Washington shows this award range. With a total of 461 results from the search, it’s helpful to see that one-third of them resulted in a defense verdict.

The jury verdicts have a structured format for information, making them easy to scan and compare. You can learn who the experts, attorneys, and judge/arbitrator were, see a short summary of the injuries and event,

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and see a summary of the specials and settlement history. You also learn which cases were settled and which went to trial.

By comparing this information with your client’s situation you can get a range of realistic settlement numbers to work with. These are useful to both educate your client about what they are likely to obtain at trial, as well as provide information to justify your position to the opposing party. Some attorneys bring clients in to look at this database together, so that the client can see the information for themselves and gain an understanding of their attorney’s advice.

Westlaw also allows these documents to be emailed, so you can email the most relevant documents to yourself or to your client.

This is the last of our 2021 monthly articles about Westlaw. Happy researching!

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THE CALM PERSON IN THE BOAT:

PRACTICING LAW WITH “DISABILITIES”

UNDERNEATH THE SURFACE

B y C o l i n F. Mc Hu gh

Ab o ut tw o yea rs ag o, I m ade a soci al m edia post ab ou t m y m en tal h eal th o n Wo rl d Mental H eal th D a y.

A bou t a year ago, I also m ade a p ost abou t m y learn in g disabili ties and m y pat h t o bec om in g a la wyer. As a re sul t of t hose p osts, I w as ask ed t o w rit e a piece abo ut m y journey wi th what I c all “ in vis ible disabilit ies”. Fo r a while now , I have s tru gg le d wit h what I would reveal about my self , as an act ive lit iga tor , to t hi s c om m unity . I c ont emp la t ed writ in g t his a rticl e a nonym ously or hiding spe cifi c n o t - s o -savory de tails. Ul tim ately, I think it is imp o rtant t o reveal m ost of m y jour ney in the ho pes th at s o me one will read this a rticl e a nd g et the he lp th at th ey need. At least, it m ay help t he m co mmunic ate w ha t ma y be underneath the surfac e, o r ev en s p ot som eone who mi ght be st rug gling a nd g et them t he help that they need. So here it goes:

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PART I: “YOU’LL

NEVER BE A LAWYER”

My good friend Becca often talks about the concept of being ‘the calm person in the boat’--controlling emotions and inspiring others to do the same. She describes how Vietnamese refugees fled their home country after the Vietnam War in cramped boats on rough seas. Many of these refugees became sick and died, but in some boats, the rate of illness and death was much lower. When researchers studied the healthier boats, they noted that there was at least one ‘calm person’ aboard, promoting a positive atmosphere that became contagious.

Apparently, studies show that the most emotional person in a room will affect other people. This concept is often used to challenge leaders to use their emotions to affect the feelings of their peers.

When I was a child, I went to a small Catholic parish school in Kirkland, Washington. When I was in second grade, my teacher was Mrs. Huddleston. She had short, dark hair, and was stern but compassionate--very set in her Catholic orthodoxy. She was also one of my first guardian angels. She helped me through school and remained calm, which inspired me to do the same. I was lucky that Mrs. Huddleston contacted my parents because early on she thought I was having seizures in class. She would call on me, the pale, lanky, quiet kid next to the window, who wore wide wire rimmed glasses with an eye patch: “Colin…COLIN!...COLIN!?” but I would just stare out the window. No response. Finally, I would snap out of it, and have no idea what was going on in the small class of 25 students.

In addition, while other kids would get to do fun projects, I was in a special reading class down the hall. I was in the church board room or in the rectory, sounding out letters, while my little adolescent colleagues were reading books and writing their assignments. I could barely read or write, and often didn’t understand the “homework” that I was given.

I went to get tested in the small Issaquah basement office of Lorraine M. Dreiblatt, a psychologist trained to diagnose people with learning disabilities. It is my understanding that these professionals measure your intelligence by observing your performance in a number of odd tests where you repeat numbers and words, draw pictures, write essays and make figures with blocks. They test things like “executive function” and “working memory” – concepts that aren’t very easy to understand for an eight-year-old.

When I was finished with those tests, it was determined that my IQ and cognitive abilities far exceeded my performance and that I had what is now known universally as ADHD. 25

Since that diagnosis, it has been an extremely polar dichotomy between successes and struggles. I was never the best student and struggled with focus, attentiveness, and executive function. In short, it has always been difficult to get things done and meet deadlines for projects.

In addition, when I was a kid, my favorite activity was baseball. My father, as a 19-year-old, was cut down in the prime of his college football career in an industrial accident, losing his right foot under the wheels of a moving train. Although my dad was supportive and loving (and we now have a beautiful relationship), I think he took some of his struggles and pain out verbally on my brothers and me as kids, especially in our sports endeavors. After a game or practice, he would recap all of the successes and failures of the game and scream at us to fix whatever mistake we made. I’d sit in his tan 1986 Ford Bronco, and he would tear me a new one. This, in part, led to what I would later identify as PTSD, anxiety, depression, and a very negative internal voice.

I can still remember during those games standing in the batters’ box shaking, staring down the pitcher and gripping the handle of the bat so hard the knob would practically pop off.

This feeling has never gone away, particularly in moments of significant adversity: my throat gets tight and scratchy, my extremities feel like they are being shocked by electricity, my heart races, and my mouth goes dry. I would dread riding home with my Dad after the game.

(I still feel this away sometimes when I argue a motion, try a case, or take someone’s deposition).

When I went to college at the University of Arizona, I wasn’t alone. My eldest brother Brendan already went there. We both chose the U of A for undergrad in part because of the Strategic Alternative Learning Techniques (SALT) Center, a place where people with learning disabilities can get extra help. I met with Rose, my “learning specialist”, every week to make sure I was getting my work done and was prepared for my exams and projects. I met with extra tutors and took extra classes to understand the material that were a breeze for others and learn skills about how to succeed in college with learning disabilities.

I was lucky to have Brendan with me in Tucson because not only was he in SALT with me, he also ushered me into his group of friends and helped me get a job as a bartender across the street from the bar where he worked. One of Brendan’s best friends was Mike, a bartender that he worked with every day at Gentle Ben’s, the biggest U of A bar and restaurant in Tucson. Mike became like another big brother for me. It was a small community of service workers and students, so we would all go to parties together, eat meals together, and we all were very close. Mike even started dating my best friend Lizzie, so we were all wellconnected at the time. But Mike had some demons which I will get back to later.

When I ultimately made the decision to take the LSAT and become a lawyer, my pre-law advisor at the U of A told me I’d never get into law school and that I should think about other careers. “You’ll never be lawyer”, she told me, which was funny because she had only met with 26 me once and had no idea how hard I had worked. She only saw mediocre grades and a low LSAT score before immediately dismissing me.

In 2009 I was hopeful because I was “wait-listed” at one law school in Rhode Island. But when I received the small envelope and was ultimately rejected by every law school I applied to, my friend Melissa recommended I talk with our law professor, Roger Hartley. Professor Hartley knew I was bartending my way through school, sometimes closing the bar at 3 or 4am and then going to class at 8. He knew that I was different and saw these differences as assets, instead of dismissing me for my “faults” reflected on paper. He helped remind me that I was exactly the type of person that law schools needed. He really truly believed in me at a time when I didn’t know how to believe in myself. He ended up writing my letter of recommendation based on strengths like my work ethic and passion for the law.

I was accepted to the New England School of Law in 2010 and ended up transferring to Gonzaga Law School. I graduated from Gonzaga along with earning another law degree a year later from the University of Texas, one of the best law schools in the country. In 2013, I passed the bar on the first try, and in 2014 I started what is now known as Navigate Law Group with my best friends from law school, Amber and Eli Rushbanks. With the help of some referrals by my friend Greg Ferguson, I began to grow a very busy employment law practice in Vancouver, helping clients as a plaintiff-side attorney.

PART II: JUST GET HELP.

But the polar successes and challenges of my mental health had not ended with the start of my law firm. In a lot of ways, they had just begun to surface in the form of anxiety, depression, PTSD, and substance problems. What I have learned is that a diagnosis of ADHD is actually often associated with these 1 conditions.

On Super Bowl Sunday 2019, while shopping for chips, salsa, and beer at QFC in the University District of Seattle, I received a message from my friend Lizzie, who had dated our friend Mike for many years at that point. My “big brother” Mike, that I hadn’t seen in years, who my brother had just seen and spent time with the week before, had died of suicide. The words are still hard for me to think about: “Mike shot himself”, the text read. A week later we were in Phoenix, observing the pomp and circumstance of our friend being laid to rest by his community of firefighter friends and colleagues.

What we figured out was that Mike likely had undiagnosed mental health issues of his own: substance abuse problems, depression, anxiety, or possibly even schizophrenia. Mike and Lizzie had actually broken up, in large part because he would not get help for his anger, his outbursts, and whatever was beneath the surface. We will never really know what he was dealing with because he never got help.

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Strohmeier, Craig W., et al. "Assessment of the relationship between self-reported cognitive distortions and adult ADHD, anxiety, depression, and hopelessness."

Psychiatry research 238 (2016): 153-158.

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The bottom line is that I was devastated. I didn’t really know it at the time, but my grief was also vast and unpredictable. For weeks and even months, I thought that I was fine. But what I didn’t know what that I was headed toward deep and dark anxiety, depression, PTSD and patches of heavy alcohol use. This bubbled up all at once several months later, culminating in a severe week-long panic attack. I felt like I had sunk into a swamp. I couldn’t get out of bed. I was so stressed I couldn’t call my clients, return emails or even communicate with my law partners. When I would drink, I couldn’t stop, I just wanted to feel numb. I wasn’t quite suicidal, but I started thinking, “what would it be like if I didn’t exist?” If you find yourself thinking like this, you are probably in trouble. Just get 2 help.

In those undeniable moments of despair, I made one decision. I called my doctor immediately, and I was 100% honest about what was going on.

Sure, I was embarrassed. But I didn’t feel right, and it was time to get help. I called the emergency phone line that was listed on my insurance card. A week later, I was in therapy, on medication and quickly recovering. Instead of giving up, I just kept thinking about what I love-my dogs, my family, my band, my friends--and I decided that I would never make them suffer what I’ve felt and witnessed Mike’s friends and family endure. Some days are horrible, but I know I’m here to help others that struggle. I just wanted to be happy and healthy with my loved ones, which is what I told my partner Emily. At the time, one of the best things I did was go on walks with our dogs, literally putting one foot in front of the other and in effect putting daylight in between myself and the traumatic events that had consumed me.

PART III: THE

LEGAL

PROFESSION &

THE INVISIBLE

CHALLENGES

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Since those dark days a couple years ago, I have been on a mission to try to be the calm person in the boat for my clients, my colleagues, my family, my friends, and this community, which has not been easy during COVID. First and foremost, I am almost exclusively an employment discrimination and personal injury attorney now. Many of my clients have those same disabilities that I struggle with and are dismissed just like I was for being “stupid”, “unreliable”, “lazy”, or sometimes don’t look great on paper. They often need someone to simply believe in them or offer a little bit of help. Although I am not a licensed mental health professional, I can at least try to understand what someone is going through. I am, after all, “counsel” for the “little guy” as a plaintiff’s lawyer, and I like helping people in need. I finally feel like I have found my calling, and I do what I enjoy.

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The ABA also has a list of things that are helpful including “Don't be sworn to secrecy. Seek support” and “Get help from persons or agencies specializing in

crisis intervention and suicide prevention.” Available at: https://www.americanbar.org/groups/lawyer_assistance/resources/suicide/

Additionally, I started to read about learning disabilities, anxiety, depression, PTSD, substance abuse and suicide. I started to realize I was not alone. In 2017, Eilene Zimmerman wrote an article for the New York Times called “The Lawyer, the Addict” about her ex-husband in big law struggling with addiction without her even realizing it. I also read her book called Smacked: A Story of White-Collar Ambition, Addiction, and Tragedy.

In reading these types of books and articles, it will confirm what you probably already know: as lawyers, we are much more likely to develop conditions like substance abuse, anxiety, depression, or fall to suicide. Lawyers in America have disproportionately high rates of depression and substance use disorder compared to the general population. One study found that lawyers are 3.6 times more likely to suffer from depression than non-lawyers. A 2016 study by the Hazelden Betty Ford Foundation and the American Bar Association (ABA) Commission on Lawyer Assistance Programs found that 20.6 percent of working lawyers screened positive for harmful and potentially problematic drinking, 28 percent reported depression, 19 percent reported anxiety and 23 percent were experiencing stress.

The takeaway here is that we are surrounded by people, especially at the courthouse, who may be internally struggling with extremely tough situations, and you would never know. For example, after almost eight years, I still feel the same way every time I step up to the bar to argue a motion or turn on the Zoom link to take a deposition--almost like I am back in the batters’ box at a baseball game as a kid. My throat gets scratchy, my limbs are overcome with that electricity feeling, and my heart begins to race. But I will tell you right now: I don’t want to be treated differently. I don’t want sympathy, nor do I want to be lectured for sharing too much here.

What I hope is that in our community, we can accomplish a few things.

(1) First, we can lift each other up. Do not dismiss people for their shortcomings, but help them believe in their strengths, no matter who they are and what their dreams or demons may be. I am lucky to have had a number of guardian angels who believed in me along the way.

(2) More importantly: listen. You never know what someone’s story is or what they are facing underneath it all. Be the calm person in the boat.

(3) Finally, and most importantly: get help if you need it. Don’t wait.

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WSBA Member Wellness Program Phone: 206-727-8267 Email: wellness@wsba.org If you are having thoughts of suicide or experiencing a mental health crisis call WSBA Connects at 800-765-0770. This hotline is staffed 24/7.

Member Wellness Program Manager, Dan Crystal, a licensed psychologist, is also available for phone or video consultations. To set up a time to speak, email Dan at danc@wsba.org or call him at 206-727-8267. Topics for consultation include: Challenges with stress, depression, addiction, or other problems.

Requests for referral to psychotherapists, prescribers, groups, or inpatient programs.

Concerns about an attorney’s well-being.

Career consultations review your path in the law and provide guidance on best practices for networking and interviewing. Resume review is also provided.

Requests are responded to within 48 hours. These consultations are meant to triage problems and help direct you to suitable resources.

Clark County Crisis Services Behavioral health crisis services are available 24 hours a day, seven days a week by calling the Southwest Washington Crisis Line at: 800.626.8137 NAMI (National Alliance on Mental Illness) HelpLine: 800-950NAMI (6264), Monday through Friday, 10 a.m. – 10 p.m., ET, or send an email to info@nami.org.

Crisis Text Line – Text NAMI to 741-741 Connect with a trained crisis counselor to receive free, 24/7 crisis support via text message.

National Suicide Prevention Lifeline – Call 800-273-TALK (8255) If you or someone you know is in crisis—whether they are considering suicide or not—please call the toll-free Lifeline at 800-273-TALK (8255) to speak with a trained crisis counselor 24/7.

Or contact your health insurance provider for more resources.

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Photo by: Jeff Barrar

50 YEARS OF PRACTICE

BILL BAUMGARTNER

By Christie Emrich

In 1971 Starbucks was opening its first store in Pike Place Market and the song Joy to The World by Three Dog Night was at the top of the charts. Roe v. Wade wouldn't be decided for another two years, and Richard Nixon was still the President. More notably, it

was the year that our own Bill Baumgartner was sworn in as an attorney. The world and the practice of law has changed considerably over the last 50 years, but our community has been made better by the practice and contributions of Bill.

Friends and colleagues of Bill raised a glass to his remarkable career on October 14th fifty years after he was admitted to the practice of law. Bill is still currently practicing at Baumgartner, Wagner, & Jahn.

His partner Ryan Jahn who has known Bill his whole life said that “it has been a privilege having him as a mentor, boss, partner, and friend.” Ryan went on to add that “a law school professor of mine used to always say that personal injury law is a ‘young man’s game.’ That motto obviously doesn’t apply to Bill. 50 years in and he is still very effective.”

That sentence was echoed by Judge Roger Bennett who called Bill “one of the best attorneys I have ever met. He is knowledgeable in many, many areas of law, and embodies the highest ethical standards.”

When Judge Gregory Gonzales was a new attorney in the mid 80’s, he recalls being admonished by Bill who by then had almost a decade of experience. Judge Gonzales recalls being told “don’t do anything without asking my paralegal, Donna. She knows everything and you know nothing!!!”

Another long time Clark County attorney Ernie Nicholson says he “met Bill in 1977 when I was prosecuting, and Bill was defending, on the District Court DUI dockets. Following an initial duck hunt together, we became drinking buddies, hunting, and fishing partners, teammates, good friends and then partners in his firm. For 44 years now I’ve had the pleasure watching, listening, and learning as Bill uses his smarts, wits, common sense, and wolfish charm to try his clients’ cases, negotiate outcomes, and resolve life and legal issues for the benefit and betterment of his family, his clients, partners, loyal staff, colleagues, and friends. His sincerity and dedication to those he serves is unshakable and inspiring. Luckily, I also have the pleasure of being with Bill to laugh and craft the celebratory stories of our “big cases,” our “withering cross examinations,” our “biggest fish,” and our years practicing and playing together.”

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The CCBA would like to congratulate Bill on his fifty years of service to the practice of law. This is an incredible milestone and as Judge Bennett said his practice of “law for 50 years (and more to come) has truly been a gift to the community.” Or in the words of Ernie Nicholson “Fifty, smifty. Keep on keeping on my brother!”

DID YOU KNOW? These were the Judges on the Clark County Superior Court Bench in 1971 Judge J. Guthrie Langsdorf Judge Robert D. McMullen Judge Edwards P. Reed Judge John N. Skimas

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Save the Date! The Clark County Mock Trial tournament will be held February 15-17, 2022. The tournament will be virtual this year. If you are interested in volunteering, please email jill.sasser@clark.wa.gov

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Clark County Bar Association CCBA BOARD OF TRUSTEES MEETING MINUTES November 2, 2021

Minutes for the CCBA Board of Trustees Meeting November 2, 2021; Meeting via Zoom Called to order 12:04p.m. Jacobs, Larson, Melnick (present though excused last meeting, still on baby watch), Emrich, Aquadro, Wechselblatt, Hawke (Darco present)(Phelan excused, home with baby) October 2021 board meeting minutes: will be emailed to board for approval Treasurer’s Report (Melnick): Reviewed financial reports for October. Revenue is down 10k largely due to dues nonrenewals. Please renew your membership if you haven’t yet.

Ongoing Items Trustee Assignments Hearsay: (Hawke) the committee has content lined up. There will be an article about On Base. Social Committee: there are no November or December events CLE Committee: (Emrich) Organizing the CLE on practice in neighboring counties. Jessee is trying to get a date for Multnomah County judges to present. Skamania county will have a speaker as well. The committee is monitoring for a On Base training. Liberty may be available for a time after January 1st.

Membership:(Aquadro) The committee continues to plan and schedule trainings.

Membership numbers are stated below in the update.

Previous Action Items Clark County Courts Processes Evaluation/ Survey of Membership (Emrich) Discussion about a survey for CCBA members, having the CCBA represented at the District Court and Superior Court bench/bar meetings and a way for CCBA members to submit questions to be asked at those meetings, could write Hearsay articles about meeting news for members. Subcommittee may be formed.

Current Action Items Membership Update (Darco) Members: 334, Non-Renewed: 111, New Members: 21, Last Year:417 Reminder to get your dues paid and your section(s) dues paid if you haven’t yet. Bench/ Bar discussed creating a bench/bar subcommittee interested trustees, those who already attend will schedule a meeting to define: Jesse, Christie, Deb Adjourned 12:50 p.m.

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Clark County Superior Court

HEADER (CHANGE ON MASTER B)

BENCH/BAR COMMITTEE MEETING MINUTES November 9, 2021

BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT November 9, 2021 Persons in attendance: Dan Lloyd (Dan.Lloyd@cityofvancouver.us), Sean Downs (sean@greccodowns.com), Le Ann Larson (LeAnn.Larson@clark.wa.gov), Curt Welch (cwelch@sussmanshank.com), Rachael Rogers (Rachael.Rogers@clark. wa.gov), Judge Emily Sheldrick (Emily.sheldrick@clark.wa.gov), Leslie Lopez (Leslie.

Lopez@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: No old business to report.

II. NEW BUSINESS: a. Judge Sheldrick: i. The process for handling State v. Blake matters is being handled by Judge Fairgrieve. The process includes when to set show cause hearings and the deadlines for responses from the State. The final procedure will be decided upon at the next judges’ meeting. ii. The process for handling the unlawful detainer matters is being handled

by Judge Gregerson. For ex parte residential unlawful detainer requests, Judge Gregerson or one of the backup judges (Judge Sheldrick or Judge Banfield) will handle it. For commercial unlawful detainer requests, the regular ex parte judge or the assigned department will handle it. iii. The judges met recently about trial schedules and how to accommodate attorneys with special needs and/or childcare commitments. Generally, the judges want to start at 9:00am, have a 15-minute mid-morning break, have lunch from 12:00-1:30pm and complete the day by 4:30pm.

The judges are very willing to accommodate attorneys and encourage them to reach out to the judicial assistant prior to trial to let the judge know of scheduling issues so that the attorney doesn’t need to disclose personal information in open court. b. Le Ann Larson: i. Inquired on behalf of the CCBA about the superior court consultant that has been hired and whether stakeholders will have input.

HEADER (CHANGE ON MASTER B)

1. Judge Sheldrick indicated that the consultant is tasked with figuring out how to make superior court run more efficiently, including docket management, case filing, and how cases are assigned. The consultant will reach out to stakeholders for input.

Stakeholders should reach out to superior court administrator Cheryl Stone for input. ii. Inquired on behalf of the CCBA about whether the superior court is rolling back to some pre-COVID processes, as some other superior courts have started issuing warrant in civil contempt cases.

1. Judge Sheldrick indicated that the superior court generally takes its cues from the Supreme Court and the Supreme Court has not made any significant changes recently. Access to justice has improved due to Zoom hearings, so hopefully those dockets will continue in the future. c. Curt Welch: i. The case for the mock trial teams has been distributed. There have been multiple practices that have taken place and there is a good group of students. ii. Inquired about the status of jury trials.

1. Judge Sheldrick indicated that trials are running for civil and criminal cases. Juries deliberate in the jury rooms. There is no social distancing, but masks are required except when witnesses and attorneys are allowed to take them off. Scheduling orders for civil cases are at least one year out now. Many weeks are doublebooked for civil trials. Unlawful detainer dockets now have jury trials, which are supposed to take precedence over civil trials.

Respectfully Submitted, Nicholas Alexander