May 2024 Multnomah Lawyer

Multnomah Lawyer

Stretching Your Dollar and Your Heart

by Tyler Volm, MBF President and Yoona Park, MBF Vice President

Welcome to the Fourth Annual Multnomah Bar Foundation Fundraising Campaign! The MBF has been busy fulfilling its mission of: (1) increasing the public’s understanding of the legal system; (2) promoting civic education, public participation and respect for the law; and (3) improving the quality and administration of the legal system. As we kick off this year’s campaign, the MBF Board offers this update on our programs, a glimpse into our budgetary considerations, and a reminder of why we make this ask.

Consolidated Fundraising Campaign

Several years ago, the Multnomah Bar Foundation (MBF) consolidated its two fundraising campaigns, one for Multnomah CourtCare and another for CourtSupport, into one. This move provided the MBF with flexibility to work its way out of the pandemic, which saw some services (including CourtCare) close for extended periods of time. The post-pandemic practice of law, including the way litigants use the local courthouse, continues to evolve. So does the MBF.

The new Central Courthouse is a bright, welcoming public space decorated with beautiful art and with breathtaking views around every cornerintentionally designed to reduce stress and fear for those who use it. The MBF’s programs fit nicely within this design ethos, and are intended to further reduce the anxiety associated with a trip to a busy courthouse.

CourtCare

CourtCare is for children six weeks to 10 years of age

Staffing shortages in a tight childcare labor market presented challenges as CourtCare emerged from the pandemic. A strong foundation, dedicated staff and board members, and healthy reserves helped this program rebound quickly. It is fully staffed and operational, providing free, drop-in childcare for families with business in the Multnomah County Central Courthouse. With your support, the MBF can continue this effort to keep kids out of contentious courtrooms.

CourtSupport

A strong foundation, dedicated staff and board members, and healthy reserves helped [CourtCare] rebound quickly.

The bilingual Navigator position has been a resounding success. Located at the information desk in the lobby of the Multnomah County Courthouse, the Navigator answers questions, connects individuals with the services they need, and generally makes the courthouse experience less intimidating. Trial Court Administrator Barbara Marcille says “these functions are incredibly valuable for people who need help and can relieve some of the stress of coming to court.”

OREGON 97204

Court Operations Task Force

In response to record inflation and increased cost of operations, the MBF Board established the Court Operations Task Force to increase efficiencies and work with state and local partners, including Volunteers of America (which hires and manages the CourtCare and CourtSupport staff), to engage in long-term planning for these vital programs.

The MBF relies on donations from MBA members to fund its programs.

Public Outreach

This committee continues to expand the MBF’s reach into our local community, bringing existing programs like CourtConnect, which puts a personal face on the justice system and helps educate the public about the role of the courts, to their respective locations, and also engaging in dialogue with organizational leaders to determine how our local bar can better serve the needs of the public. Led by the energetic judicial members of the MBF Board, we have met with numerous organizations over the last few years, including a delegation of young political leaders from Europe that visited the courthouse for a fascinating discussion of the similarities and differences in our legal systems.

Support from MBA Members

The MBF relies on donations from MBA members to fund its programs. As noted above, recent inflation has increased costs, making it ever more critical that the level of support we receive from MBA members remains strong. We’re asking you to maintain, or better yet, exceed, your prior generosity.

The campaign runs May 1-31, and this year’s goal is to raise $120,000. We need your help to meet that goal and we would love to surpass it. You can donate online at www.mbabar.org/mbf, use the donation form in this issue, or call the MBA at 503.222.3275. Donations are payable to the Multnomah Bar Foundation and are taxdeductible.

Please help us reach our programming goals and donate to the MBF today. Your donation goes directly to supporting these important services and makes a noticeable impact locally. Please give what feels meaningful to you and your firm, and thank you for your consideration.

A CourtConnect opportunity with a European delegation of young political leaders

See details on p. 3. To register, visit www.mbabar.org/cle and input your OSB number to register at the member rate.

MAY

5.1 Wednesday Campaign Finance in Candidate Elections

Lisa Howley

Alma Whalen

5.7 Tuesday What to Expect When Employees Are Expecting: Pregnancy and Lactation Accommodations and Protections in Oregon

Amanda Lapato

Kelly Riggs

5.15 Wednesday Fundamentals of a Lost Profit Calculation

Kevin Marold

Serena Morones

Jennifer Murphy

Jennifer Prager

5.17 Friday

Employment Law Update

Brad Krupicka

Ally McLain

Vera Warren

JUNE

6.12 Wednesday Oral Arguments on Motions: Proven Strategies for Legal Advocacy

Chad Colton

Tyler Volm

Yoona Park

Judge Chanpone Sinlapasai, front row, center, Tyler Volm, back row, left, and Judge Jacqueline Alarcón, back row, right, volunteered at PALE at the Mexican Consulate

MBA Board of Directors

President

Theresa L. Wright

President-Elect

Brad Krupicka

Secretary Shalini Vivek

Treasurer

Sherisa Davis-Larry

Past President

Tim Resch

Directors

YLS President

Maxine Tuan

Austin Batalden

Justice Brooks

Matthew D. Colley

Christine Hein

Eryn Karpinski Hoerster

Hansary Laforest

Tania Manners

Amanda Nadell

Emery Wang

Executive Director

Guy Walden

Director, Events & Programs

Kathy Modie

Office & Foundation

Administrator

Pamela Hubbs

Member Services Administrator

Ryan Mosier

Program Coordinator

Imani Smith

MBF Board of Directors

President

Tyler J. Volm

Vice President

Yoona Park

Secretary/Treasurer

Bob Steringer

Past President

Joseph L. Franco

Directors

David I. Bean

Christine R. Costantino

Danielle L. Fischer

Pilar C. French

Hon. Amy Holmes Hehn

Anit K. Jindal

Sasha A. Petrova

Hon. Chanpone P. Sinlapasai

June M. Wiyrick Flores

The MULTNOMAH LAWYER is published 11 times per year by the Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR 97204

503.222.3275

Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement.

DEADLINE for copy: The 10th of the month* DEADLINE for display ads: The 12th of the month* *or the preceding Friday, if on a weekend. NEWSLETTER STAFF CONTACTS

Editor: Guy Walden

Display Advertising: Ryan Mosier

Classified Advertising: Imani Smith Design: Cyrano Marketing Solutions

Copyright Multnomah Bar Association 2024

MBA Annual Meeting, Dinner & Judges Reception

Wednesday, May 8 5-8 p.m.

Hilton Portland Downtown 921 SW Sixth Avenue

Celebrating the profession and recognizing our colleagues

MBA Professionalism Award Liani J. Reeves

MBA Diversity Award Recipient Portland State University Student Legal Services

MBA Awards of Merit

Jeffrey A. Howes • Janice R. Morgan • Laura Rochelois

YLS Awards of Merit

Alexandra N. Hutchinson

YLS Rookies of the Year

Molly A. Becker • Aime C. Lee Ohlmann

Pro Bono Awards

Laura L. Donaldson • Zoë F. Habekost • Richard J. Parker • Dunn Carney LLP

Thank you sponsors of the MBA Annual Meeting

Title Sponsor

Reception Sponsors

CLE

Campaign Finance in Candidate Elections: An Overview of State of Oregon and City of Portland Campaign Finance Rules

Wednesday, May 1 12-1:30 p.m.

Remote attendance only via Zoom Members $45/Non-Members $75

The 2024 election season is here! Join Alma Whalen, Elections Program Manager at the Oregon Secretary of State, and Lisa Howley, General Counsel for the Portland City Auditor (home of the Portland elections office), to discuss the State of Oregon and the City of Portland’s campaign finance regulations in candidate elections. This CLE is geared not only towards lawyers, but also candidates, political committees, and third parties who engage in independent spending in candidate elections. The topics that will be covered include:

• State of Oregon reporting requirements, including when a campaign or political action committee needs to be created, and activities that need to be reported in the state electronic filing system (ORESTAR) by candidates, committees, and independent spenders

• Determining what qualifies as an in-kind contribution

• Permissible uses of contributions in State and City elections, including differences between the State and City of Portland’s regulations on use of campaign contributions to pay for legal expenses

• City of Portland’s contribution limits

• Requirements for disclaimers on communications made in connection with candidate elections, including compliance on character-limited platforms

• Special considerations for candidates running in slates

• The State and City of Portland’s separate enforcement mechanisms

Note: This CLE will cover current campaign finance laws in place in Oregon and Portland and not the campaign finance legislation enacted in March 2024 that will put contribution limits in place state-wide starting in 2027.

For more information: Contact Brian Marshall, Oregon Department of Justice, at 971.673.1880. For registration questions, contact the MBA at mba@mbabar.org.

What to Expect When Employees Are Expecting: Pregnancy and Lactation Accommodations and Protections in Oregon

Tuesday, May 7 1-2 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Before the recently enacted federal Pregnant Workers Fairness Act and PUMP Act, Oregon law already provided a variety of nondiscrimination, leave, and workplace accommodation protections for pregnant and lactating employees. And lately, it seems that even those state law protections continue to expand. Please join Kelly Riggs and Amanda Lapato, working moms and employment lawyers at Schwabe, for an overview and discussion of the current state of pregnancy and lactation protections applicable to Oregon employees.

For more information: Contact Paul Cirner, Littler Mendelson, at 503.889.8853. For registration questions, contact the MBA at mba@mbabar.org.

Fundamentals of a Lost Profit Calculation

Wednesday, May 15 11 a.m.-12 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Morones Analytics’ forensic accounting team of Serena Morones, CPA, ASA, ABV, CFE; Jennifer Murphy, CPA, CFF, CFE; Jennifer Prager, CPA, ABV, CFE , CFF, MAFF; and Kevin Marold, CPA, CFE , CFF, ABV, will provide an overview of calculating lost profits. Attendees will learn about the four parts of a lost profits analysis: lost revenues, avoided costs, extraordinary out-of-pocket costs, and interest. The audience will also be provided an overview on the types of financial experts and categories of expert opinions.

For more information: Contact the MBA at mba@mbabar.org.

Employment Law Update

Friday, May 17 12-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Join Brad Krupicka , Ally McLain, and Vera Warren of O’Hagan Meyer’s Portland office for an engaging examination of recent trends in employment law. It’s been another banner year for employment hot button issues. Topics will include the implementation of the DOL independent contractor rules, recent appellate court updates, developments in paid family leave and revisions to OFLA, trends in Title VII/ORS 659A claims, and more!

For more information: Contact Holly Hayman, Farleigh Wada Witt, at 503.228.6044. For registration questions, contact the MBA at mba@mbabar.org.

Oral Arguments on Motions: Proven Strategies for Legal Advocacy

Wednesday, June 12 12-1 p.m.

Remote attendance only via Zoom

Members $30/Non-Members $50

Mastering the art of oral arguments on motions is vital for effectively advocating for your clients. This presentation by Markowitz Herbold trial lawyer Chad Colton offers a comprehensive guide to the best practices and strategies that will enhance the persuasive power and impact of oral arguments on motions. Chad will cover preparation strategies, crafting compelling arguments, engaging with the court, presentation skills, and post-argument strategies.

For more information: Contact Kathryn P. Roberts, Markowitz Herbold, at 503.984.3071. For registration questions, contact the MBA at mba@mbabar.org.

mba ANNOUNCEMENTS Ethics Focus “Informed Consent”

Free Lunch & Learn Seminar for Family Law PractitionersMay 31

Join the court and Court Liaison Committee for this free, inperson event, 12-1:30 p.m. at the Central Courthouse. Primarily for family law practitioners, but open to all, this is an opportunity to become familiar with courtroom layouts and technology, and have questions answered in a conversational atmosphere. The MBA will seek CLE credit. Space is limited. To register, please RSVP to mba@mbabar.org.

Virtual Mindfulness Sessions

The Mindfulness in Law Society (MILS) Oregon Chapter invites you to practice mindfulness while connecting with lawyers from around the country. Two virtual sits are offered each week - one on Mondays at noon, and one on Wednesdays at 2 p.m. Attendance is free even if you are not an MILS member. Visit www.mindfulnessinlawsociety.org/virtual-sits for details and to participate.

LSAT Prep Scholarship Mentorship Program

The MBA ED&I’s Pipeline Subcommittee is seeking to expand their LSAT Prep Scholarship to include a mentorship program for our scholars. This mentorship opportunity will allow our scholars to learn more about the legal community in Oregon and is meant to help guide and inspire their legal interests. We plan to launch this program in the summer while our 2024 scholars begin to apply to law schools. If you are interested in being part of this program, please email MJ Quintana-Rodriguez, co-chair of the subcommittee, at mjquintanarodriguez@gmail.com.

MBA Seeks Volunteers for Fellows Program Task Force

The MBA Bar Fellows Task Force is an active group that facilitates the growing Multnomah Bar Fellows Program. The Bar Fellows Program aims to increase the diversity of our local bar by supporting a cohort of talented, outstanding law students (at both Lewis & Clark and University of Oregon law schools) who come from historically underrepresented backgrounds. We are seeking one or two volunteers. Learn more www.bit.ly/mba-fellows.

Lawyer Volunteer Needed for Disability Rights Oregon’s Mental Health Advisory Council

Disability Rights Oregon needs a lawyer to volunteer for its Mental Health Advisory Council. The Council is comprised of people who experience mental illness and their family members, mental health providers, members of the public knowledgeable about mental illness, and lawyers. The Council’s primary job is to advise Disability Rights Oregon’s Board, lawyers, and advocates about work to protect and advocate for the rights of Oregonians with mental illness. Contact Dave Boyer with questions at dboyer@droregon.org. Visit droregon.org/mhac-application to apply to be a Council member.

Not Receiving MBA Emails?

Members are encouraged to opt in to ensure that they successfully receive MBA email communications. Visit www.mbabar.org/opt-in to confirm your email status.

Multnomah CourtCare

Free drop-in childcare for children six weeks to 10 years of age is available at the Central Courthouse, Monday-Friday, from 8:30 a.m.-4 p.m. This MBF-funded program is for parents and legal guardians who are actively conducting business at the Central Courthouse, federal courthouse, or Justice Center in downtown Portland. Reservations are encouraged, but not required. (503.988.4334, courtcaredropin@voaor.org).

Pledge to Increase Access to Justice

Sign the MBA Pro Bono Pledge at www.mbabar.org/probonopledge and commit to taking at least one pro bono case in 2024. Visit www.mbabar.org/probono to discover pro bono opportunities in Multnomah County.

In several key parts of the Rules of Professional Conduct, lawyers and their law firms are only permitted to proceed if their clients give “informed consent.”

In some instances, like conflict waivers, informed consent must also be “confirmed in writing.” In this column, we’ll survey three interwoven phrases: “informed consent,” “confirmed in writing,” and “writing.” Each is specifically defined in Oregon RPC 1.0, which addresses terminology. While Oregon’s definitions are based generally on their ABA Model Rule counterparts, they have also been etched by a unique Oregon history.

Informed Consent

Oregon RPC 1.0(g) defines “informed consent”: “Informed consent” denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct. When informed consent is required by these Rules to be confirmed in writing or to be given in a writing signed by the client, the lawyer shall give and the writing shall reflect a recommendation that the client seek independent legal advice to determine if consent should be given.

The first sentence is patterned on the corresponding ABA Model Rule definition found in ABA Model Rule 1.0(e). Comment 6 to ABA Model Rule 1.0 elaborates on the text of the definition:

Ordinarily, this will require communication that includes a disclosure of the facts and circumstances giving rise to the situation, any explanation reasonably necessary to inform the client or other person of the material advantages and disadvantages of the proposed course of conduct and a discussion of the client’s or other person’s options and alternatives.

by Mark J. Fucile Fucile & Reising LLP

Although Oregon does not have comments to our RPCs, many OSB ethics opinions have similar discussions of the necessary predicate for truly “informed consent,” including OSB Formal Opinions 2005-17 (rev. 2016) and 2005-157 (rev. 2016).

Oregon’s version of “informed consent,” however includes an important qualifier: if the particular rule requires that consent either be “confirmed in writing” (such as current client conflict waivers under RPC 1.7) or “signed by the client” (such as business transaction waivers under RPC 1.8(a)), then the predicate discussion for informed consent must include a recommendation that the client seek independent counsel on whether consent should be granted.

ABA Model Rule 1.8(a) addressing lawyer-client business transactions and Model Rule 1.8(h)(2) governing settlement of malpractice claims with unrepresented clients have independent counsel recommendation requirements. The ABA Model Rules, however, do not include a more general independent counsel recommendation requirement like Oregon. Oregon’s requirement was added to the then-analogous phrase “full disclosure” in former DR 10-101(B). The change occurred in the late 1980s against the backdrop of a broader movement at the time to define Oregon’s conflict rules - including waivers - with greater precision for the benefit of lawyers and clients alike. In the wake of those changes, Oregon lawyers have been disciplined for failing to include required independent counsel recommendations and resulting waivers were found to be ineffective. The Supreme Court surveyed the history of Oregon’s independent counsel recommendation requirement in In re Cobb, 345 Or. 106, 135, 190 P.3d 1217 (2008), and summarized its approach pointedly: “[C]ompliance with the letter of the rule is required.” That said, the requirement is simply to recommend independent counsel - not necessarily that the client actually obtain independent counsel. Therefore, many conflict waiver templates, for example, include something along the following lines: “Although I am required to recommend that you seek independent counsel to assist you in determining whether to grant consent, whether you do so is up to you.”

Confirmed in Writing Some rules that require informed consent do not require that it be confirmed in writing - for example, a limitation on the scope of representation under Oregon RPC 1.2(b). In those circumstances, it remains prudent to confirm a client’s consent in writing so that the client’s instructions - and the record of those instructions - are clear if there are any questions later.

Others, such as the current and former client conflict rules - respectively, RPCs 1.7 and 1.9 - require that a client’s informed consent be confirmed in writing. Although a few rules - such as RPC 1.8(a) addressing lawyerclient business transactions - require that the client’s consent be reflected in a writing signed by the client, written confirmation of the client’s consent in most circumstances can come from the lawyer. Nonetheless, it remains prudent to have an acknowledgment from the client - whether a countersigned document or a reply email.

RPC 1.0(b) defines the general standard: “Confirmed in writing,” when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent.

Because the written confirmation is effectively the record of what the lawyer told the client preceding the latter’s consent, prudent practice also suggests incorporating a summary of the lawyer’s conversations with the client into the document confirming consent. As discussed above, when a recommendation to seek independent counsel is required, that must also be reflected in writing.

Writing

RPC 1.0(q) defines “writing” broadly to include both paper and electronic communications. The same rule, in turn, includes both newer forms of electronic signatures and reply emails within the definition of a “signed” writing - in addition to the traditional “pen and ink” form.

Around the Bar

Tonkon Torp LLP

The firm is pleased to welcome attorney Zack Schick to its business department. Schick joins from the Salem, Oregon law firm Heltzel Williams PC.

Prior to his legal career, Schick worked in the healthcare industry - as a paramedic serving Washington County’s 911 system, as a paramedic educator in Belize, as a paramedic/strike team leader at the Unaccompanied Child Refugee Camp in El Paso, TX, and as a Healthcare Supply Chain Analyst for the State of Oregon.

Schick graduated cum laude from Willamette University College of Law.

Tonkon Torp LLP is pleased to welcome associate Timmins to its Labor & Employment Practice Group.

Timmins represents employers in a variety of employment-related disputes including discrimination, harassment, retaliation, leave issues, disability issues, and wage and hour claims. She also represents clients in labor matters in front of the NLRB and the Oregon Employee Relations Board, and at the table negotiating collective bargaining agreements. Timmins is known for her ability to quickly engage with and understand a client’s business and its objectives.

Harrang Long P.C.

Harrang Long P.C. is pleased to announce that Alyson Sneider has joined the firm. Her practice is focused on appellate law, government representation, administrative law, constitutional and public policy matters, and business litigation.

Sneider is a 2020 graduate (summa cum laude) of Lewis & Clark Law School, where she was an Article Editor of Lewis & Clark Law Review. During law school, she clerked at the Oregon Department of Justice and the

Multnomah County Attorney’s Office. After law school, she served as a judicial law clerk for the Hon. Robyn Aoyagi at the Oregon Court of Appeals and worked for another Portland law firm.

Dunn Carney after serving as a summer associate in 2018 and spending the first two years of his legal career at the firm.

The firm also welcomes new associate Sara Ward. Her practice focuses on employment law, partnership disputes, and general civil litigation. Prior to beginning at Dunn Carney, she worked for a national insurance defense firm and a local medical malpractice defense firm. She has experience defending employers, both public and private, and representing public entities.

Ward received her law degree from Gonzaga University School of Law, graduating magna cum laude.

Hart Wagner LLP

Hart Wagner is pleased to announce that Zachariah “Zach” Allen and Michael O’Neil have joined the firm’s litigation team.

Zachariah “Zach” Allen Michael O’Neil defect claims, and general liability defense. Prior to joining Hart Wagner, he was an associate at a family law firm. O’Neil received his law degree from University of Oregon School of Law.

Allen’s practice focuses on complex employment matters, professional liability defense, and appeals in Oregon state and federal courts. Prior to joining Hart Wagner, he practiced at a Portland plaintiff’s civil litigation firm. Before joining private practice, he was a law clerk at the Oregon Court of Appeals. Allen graduated magna cum laude from Lewis and Clark School of Law.

O’Neil maintains a diverse litigation practice focusing on medical negligence defense, professional licensing board

The Around the Bar column reports on MBA members’ moves, transitions, promotions and other honors within the profession. The submission deadline is the 10th of the month preceding publication or the prior Friday if that date falls on a weekend. All submissions are edited to fit column format and the information is used on a space-available basis in the order in which it was received.

RACE FOR JUSTICE

DATE: SATURDAY, JUNE 22, 2024

TIME: 10:00 AM

PLACE: MIGRATION BREWING 2828 NE GLISAN PORTLAND, OR 97232

We're charting a new course with a fresh route and an exciting venue! We invite you to gather at Migration Brewing for a day dedicated to racing for justice, forging connections with fellow supporters, and indulging in refreshments, delicious food, and exceptional beer.

By participating, you're not just lacing up your sneakers but standing up for justice. Your involvement directly supports the mission of St. Andrew Legal Clinic, providing crucial legal services to low to moderateincome families facing crises.

SPONSOR OR REGISTER: WWW.SALCGROUP.ORG/RACE-FOR-JUSTICE

Zack Schick

Rachel Timmins

Alyson Sneider

Sara Ward

News From the Court

by Craig Rusillo MBA Court Liaison Committee

Trial Court Administrator’s Report - Barbara Marcille

The court monitored a number of bills in the legislature, including House Bill 4002 which addresses the recriminalization of drug possession. A few provisions of HB 4002 are effective immediately, with the balance of the provisions effective September 1. Multnomah County intends to create a deflection program but it is unclear what resources will be available for deflection in September when the possession of a controlled substance becomes a misdemeanor crime. The volume of potential police contacts, and deferrals or criminal charges, is unclear given how much has changed in the Portland metropolitan area. Prior to Ballot Measure 110, fentanyl was not as prevalent; the number of drug overdoses has skyrocketed in recent years; and, the number of houseless individuals and

behavioral health needs in Multnomah County has increased dramatically while resources to assist them have not kept pace. Thus, the impact of HB 4002 on the Multnomah County Circuit Court is uncertain.

Free Lunch & Learn Seminar for Family Law Practitioners -

May 31

Join Chief Family Court Judge Susan Svetkey, Judge Patricia McGuire, Judge Jamie Troy and a family law courtroom clerk for this free, in person event, 12-1:30 p.m. at the Central Courthouse.

Primarily for family law practitioners, the court and the MBA Court Liaison Committee are partnering to provide an opportunity for the bar to become familiar with courtroom layouts and technology, and

Referee Rebecca A. Lease Judicial Profile

by Tom Melville MBA Court Liaison Committee

have their questions answered in a casual, conversational atmosphere.

Open to all, this is an ideal opportunity for newer lawyers, lawyers who haven’t been to the new downtown courthouse, and lawyers who have been conducting much of their court business remotely for the past few years.

Space is limited; please RSVP to mba@mbabar.org to register to attend.

For more information about the seminar, contact Robert Parker, Chock Barhoum (robert.parker@chockbarhoum.com) or Ramon Henderson, Hodgkinson Street Mepham (rh@hs-legal.com). For registration questions, contact the MBA (503.222.3275, mba@mbabar.org).

The MBA will seek 1.5 hours of CLE credit for this event.

A correction to the email address published in the April “Tips from the Bench” article: Questions regarding advance reservations of courthouse resources can be directed to Mul.Public.Information@ojd.state.or.us.

Liani J. Reeves Receives 2024 MBA Professionalism Award

by Brandon L. Thornburg MBA Professionalism Committee

Described by her peers in the legal community as an “exemplary” professional, Liani J. Reeves will be recognized as the recipient of the 2024 MBA Professionalism Award at the MBA Annual Meeting and Dinner on May 8. The Professionalism Award recognizes legal practitioners who not only adhere to but exemplify the standards set forth in the following statement.

“Professionalism goes beyond the observance of the legal profession’s ethical rules and serves the best interest of clients and the public in general; that fosters respect and trust among lawyers in between lawyers and the public; promotes the efficient resolution of disputes; and makes the practice of law more enjoyable and satisfying.”

Liani has been a well-known and well-respected litigator, employment lawyer, and legal policy advisor in Oregon for over 20 years. Early in her career, she practiced with the Oregon Department of Justice Trial Division and National Crime Victim Law Institute. Later, she joined the Office of the Governor as General Counsel, before entering private practice with Bullard Law. She now practices at Miller Nash LLP. In her professional roles she is consistently recognized as a “fierce trial litigator and advocate for the Rule of Law.”

Even more conspicuous is Liani’s dedication to increasing access to justice by fostering diversity, equity, and inclusion in the legal community. Liani is a past president of the OSB Board of Governors, the first Asian

American and woman of color to hold the position. Liani has served as co-chair of the board of directors of the Oregon Minority Lawyers Association, chair of the OSB Advisory Committee on Diversity and Inclusion, and president of the Oregon Asian Pacific American Bar Association. She was the founder of the National Asian Pacific American Bar Association’s Adoptee Network, and received the 2011 National Asian Pacific American Bar Association “Best Under 40 Award.”

Overwhelmingly, however, those who know Liani talk about her commitment to mentorship,

Multnomah County is well represented with the Honorable Rebecca Lease as one of our hearings referees. Referee Lease believes that administering justice requires the compassion to help litigants feel heard and respected regardless of the outcome. At the same time, she acknowledges that the opportunity to hear the stories of citizens who come before her bench is a humbling and sacred obligation. “I am honored to hear and safeguard people’s stories,” she says, noting the vulnerable nature of things shared in court.

Referee Lease also recognizes that the high-volume courtrooms, where referees may be scheduled for as many as 60 hearings per day, are where the average citizen will find access to justice. “You are much more likely to encounter a hearing referee than an elected judge when dealing with routine legal matters like small claims, traffic and parking tickets, or eviction proceedings,” she reports. Drawing a parallel between the courtrooms where she works and an early reality television program from the 1980’s, Referee Lease notes that “they truly are the People’s Courts.”

Before coming downtown to serve at Multnomah County’s beautiful new courthouse, Referee Lease served Oregonians statewide for over 12 years in the Office of Administrative Hearings, first handling unemployment insurance claim appeals, then child support hearings. Prior to that, she spent over two years representing clients, often with severe and symptomatic mental illnesses, at Disability Rights Oregon.

In these two positions, Referee Lease honed her ability to meet people where they are. “People in court are always anxious and stressed,” she says. “My years of experience talking to unrepresented parties in administrative hearings and people in psychiatric crisis really helped me hone my judicial skills.”

The job of a Multnomah County referee is uniquely demanding. Referees do not have

driven by her “deep compassion for others.” She has repeatedly been honored with awards from those law students with whom she’s worked. In fact, in 2014 the Willamette College of Law Asian Pacific American Law Students Association created the “Liani J. Reeves Inspiration Award” for inspiration and mentorship - of which she was the inaugural recipient. An early mentee reports that Liani guides her mentees “through personal tragedies, academic failures and celebrates their personal professional triumphs.” She is an “accessible role model” to a wide range of young lawyers, and consistently

Referee Rebecca A. Lease

their own courtrooms; they are itinerant and share a skilled team of high-volume clerks, moving among dockets as required on a day-to-day basis. While each referee is typically scheduled to cover a specific docket for a period of four months, many factors can impact scheduling, including weather-related issues and colleague illness.

So, Referee Lease may attend to misdemeanor arraignments one day, the issuance of stalking protective orders the next, and adjudicating entry into DUII Diversion after that. “A unique challenge of this position lies in the variety of cases that we adjudicate; there’s certainly never a dull day,” she laughs.

Reportedly happiest with dirt under her fingernails, the judge and her partner live outside of Portland on a wooded landscape which they are restoring: 22,000 trees planted so far. Their trail camera regularly finds deer along with the occasional elk, bobcat, cougar, and black bear. Referee Lease appreciates the contrast between the quiet of home and the hustle and occasional chaos of downtown.

There’s plenty to do on the property and its expansive garden, but she likes to travel when she can. Backpacking is a favorite, including adventures in Wyoming’s Wind River Range, the Sawtooths in Idaho, and the Wallowas in Oregon. She speaks with pride of her daughter who recently enjoyed her own backpacking trip on the Olympic Peninsula.

encourages her mentees to go out and do the same.

Congratulations to Liani Reeves, recipient of the 2024 MBA Professionalism Award. This honor rightly goes to an attorney who is known and respected throughout the bar as someone who “strongly, steadfastly, and ardently believes in the law, but also encourages the next generation of lawyers to make it better.”

Liani Reeves

Richard Parker and Laura Donaldson

Receive 2024 Legal Aid Pro Bono Volunteer of the Year Award

by Jill Mallery Legal Aid Services of Oregon

This year two pro bono super stars are the recipients of the MBA Legal Aid Pro Bono Volunteer of the Year award.

Richard (Rich) Parker and Laura Donaldson have volunteered with Legal Aid Services of Oregon (LASO) for a combined 37 years. They have consistently demonstrated an outstanding commitment to the delivery of critical pro bono services to low-income communities through their dedication and commitment to LASO’s Pro Bono Bankruptcy Clinic.

Rich has been increasing access to legal services for lowincome Oregonians since 2002 and Laura since 2006. They have displayed a remarkable dedication to reducing the gap in civil legal services by volunteering to advise and represent low-income debtors in bankruptcy. In addition to providing legal direct representation, Rich has served as the Chair of the Pro Bono Committee of the Oregon State Bar (OSB) Debtor-Creditor Section and Laura has been a dedicated committee member for many years. The committee regularly meets each fall to plan for the upcoming year’s clinics and trainings, recruit volunteers, and update clinic forms and resource materials.

The clinic is a true collaboration between the OSB Debtor-Creditor Section, Bankruptcy Bench, US Trustees Office and LASO. In 1996, the debtor-creditor section of the OSB joined LASO to assist low-income individuals considering bankruptcy, a class and clinic were developed to provide information and pro bono representation. The clinic consists of two components, a class that provides an overview of the bankruptcy process and a legal clinic during which private bankruptcy attorneys meet with each client for 30 minutes. Anyone may attend the 45-minute class, usually taught by a member of the bankruptcy bench or view a recorded class online presented by US Bankruptcy Court Judge Peter McKittrick.

Clients who attend the clinic are prescreened for eligibility by LASO staff. Volunteer attorneys meet with clients and help them assess whether bankruptcy is appropriate. If the attorney and client agree bankruptcy would be beneficial to the client, the attorney provides ongoing representation in a

Chapter 7. In-person clinics are held throughout the year and rotate between locations in the Portland Metropolitan area. Low-income clients across the state are directly referred to a volunteer attorney for a consultation. Today, the Bankruptcy Clinic is a statewide pro bono clinic and represents a strong ongoing partnership.

Rich is a shareholder and founding member of Parker, Butte & Lane PC where he practices student loan relief and consumer bankruptcy. Richard graduated from Reed College in 1975 and Golden Gate University Law School in 1978. Following graduation, he primarily worked as a collection attorney until 2005.

Rich considers pro bono work a necessary part of being a professional with a particular skill. He has a long history of volunteer work that goes back to his time as a Boy Scout. In addition to his volunteer work with the clinic, Rich volunteers with the bankruptcy court’s pro bono panel that provides legal assistance to a party, such as help with a settlement conference or bankruptcy litigation. Rich also provides pro bono help with student loan disability discharge applications. Richard explains, “I have always believed in second chances and giving people a fresh start. Our system is great at production of resources and assets, but less than perfect at distribution. Many times, “success” seems very random. Ask almost any musician.” Rich’s pro bono work truly helps people in need and often experiencing life-changing circumstances. He is currently helping a client who suffered a brain injury after becoming a licensed realtor. The client is unable to pursue her career in real estate and now works as an Instacart shopper.

Laura Donaldson practices consumer and small business debtor/creditor bankruptcy at Law Office of Laura L Donaldson LLC. Currently a sole practitioner, she has also worked at a few law firms both small and medium size. Her practice areas have consisted of personal injury, estate and debtor/creditor (bankruptcy) law. Bankruptcy is Laura’s primary area of practice. In addition to volunteering with Legal Aid’s Bankruptcy Clinic and the pro bono committee that supports it, Laura volunteers with the bankruptcy court’s pro bono program

(found at www.orb.uscourts. gov/pro-bono-program). Laura describes, “with the help of my peers, we developed this program modeled from the District Court program that provides parties who cannot afford legal representation an opportunity to apply for legal counsel from a panel of volunteer attorneys.”

Laura has a long history of dedicated volunteer work that illustrates her support for pro bono work. When asked why Laura volunteers, she explains “because the need today is stronger than ever for equal access to justice for all individuals. Without it, some have greater privileges and protections under the law, and it shouldn’t be that way. Everyone deserves equal treatment but not everyone can afford it. I was raised in a low-income family and am familiar with the struggle. Volunteering is my way of making sure I give back to those less fortunate.”

A bright example of the impact of Laura’s pro bono work is her recent representation of a pro bono client in an FED eviction action. Laura filed a personal bankruptcy to allow him additional time to relocate while he was searching for available Section 8 housing. The client had no job and no money to get into a new residence. “Houselessness is such a horrific problem. Strategically, a bankruptcy filing allowed us to negotiate a workout to allow him to stay additional time rent free if he met certain terms. I am grateful to the landlord’s counsel who worked with us given the client had limited funds. My client was eternally grateful for the assist in getting in new housing.”

Thanks to the strong support of Rich and Laura and the many dedicated clinic volunteers, the bankruptcy clinic provides much help needed to alleviate financial stress and the relief necessary for low-income Oregonians to move on with their lives without the burden of debts that they cannot hope to repay.

Judge McKittrick describes Rich and Laura’s outstanding contribution to the clinic. “Rich Parker and Laura Donaldson are pro bono all stars. Rich and Laura have been key leaders of the Debtor-Creditor Section Pro Bono Committee and the pro bono clinic for many years. I have had the pleasure of working closely with both Laura and

Rich on the Committee over my nine years on the bench. They both have been instrumental in the planning process, recruiting attorneys to assist, and providing pro bono legal services. Laura and Rich have also given countless hours of their time to assisting with pro bono services relating to the student loan discharge cases. The clinic’s success in serving hundreds of clients annually would not be possible without their leadership and commitment to underserved Oregonians.”

Rich and Laura’s commitment to increasing access to justice is demonstrated through their many years of service and tireless willingness to help. Rich has been volunteering with the bankruptcy clinic for more than two decades and has represented more than 79 clients. Laura has been volunteering for 17 years and assisted 99 bankruptcy clinic clients. Combined Laura and Rich have dedicated more than 1,200 hours to direct client services and countless hours on committee work.

As apparent from their lengthy record of pro bono work, Rich and Laura are strong supporters of pro bono. They offer encouragement to those considering pro bono work and provide their personal experience with volunteering. Laura describes her path to pro bono, “when I first considered pro bono work as a new lawyer, I didn’t want to do it. I was nervous about committing time, energy and potential malpractice (for free) because I wasn’t familiar enough with the law. After you practice awhile, this concern fades. Seasoned lawyers understand the importance of networking and peers as resources. Experience brings familiarity with the law, networking builds knowledge and confidence.” Rich simply encourages attorneys to get involved, “it is not painful, and you do not have to worry about getting paid.”

Rich and Laura provide a broad range of legal services and assistance to pro bono clients based upon their legal issue and need. They provide advice and full representation on debt collection matters, bankruptcy,

and student loan debt. Thanks to their legal representation and pro bono service many low-income Oregonians have received relief from overwhelming financial stress through advice and discharge from their consumer debt and student loans.

Through talking with Laura and Rich, it is clear that the benefits of pro bono go both ways. The client benefits from the expertise of the attorney and support navigating a complex legal system and the pro bono attorney gains personal satisfaction and relationship building with the legal community. Rich found through his many years of volunteer work, that “you feel better about both your profession and yourself.” Laura describes the broad range of benefits realized from pro bono work, “volunteering gives me a great sense of satisfaction by saving a family’s home from foreclosure or stopping a sole income earner’s wages from garnishment. It also allows me an opportunity to network with my peers who are also volunteering. I work with such a wonderful debtor and creditor bar who give their time, energy, and resources to help low-income families. The professionalism of the attorneys who are members of our section is phenomenal. Sharing ideas and insights on ways to promote access to justice with such bright people makes me and my practice stronger.”

Rich and Laura represent clients with respect, understanding and kindness while providing expert legal assistance. Their pro bono work has made a positive impact on the judicial system and greatly improved their client’s situation by increasing access to quality legal services. Laura’s and Rich’s volunteer service is a wonderful reflection upon the legal community and an inspirational example of using legal skills for the greater good. Rich and Laura are well deserving recipients of the MBA Legal Aid Volunteer of the Year Award due to their incredible dedication to pro bono service.

Laura Donaldson

What is the YLS?

An inclusive section of the bar, comprised of any MBA member in practice less than six years or under the age of 36. The YLS provides leadership, networking, professional development and service opportunities. And we have fun!

Aime Lee Ohlmann Receives 2024 YLS Rookie of the Year Award

by Allison Kamilos YLS Board

The MBA Young Lawyers Section is proud to recognize Aime Lee Ohlmann as a recipient of the YLS Rookie of the Year award for outstanding contributions during the 2023-24 committee year.

You may be tempted to infer from the award’s title as well as Aime’s bar number that she is new to the practice of law, but you would be wrong, as she has more than 10 years in the community under her belt - most of which relates to family law. She’s fiery and compassionate and is not afraid of hard work, as made clear by her dedicated journey to get to where she is today.

Aime started out as a receptionist at a family law firm in 2012. When that ended, she worked for a notable solo attorney as a legal assistant, which gave her insight into meticulous rule-following and litigation. Next, she worked with a collaborative law attorney for a year, where she had the opportunity to see two other methodologies to help clients from point A to point B via mediation and collaborative law. Her varied experiences allowed her to see different approaches to family law, and to take or leave different aspects of each approach. Throughout her work and willingness to take on different roles in different offices, Aime built a professional network before even setting foot on her law school campus - something most law students only dream of having in their back pocket upon graduation. Aime also had an unexpected surprise in 2014 when she became pregnant with twins and realized that, much as she loved being at home with them, she wanted to go to law school. With that in mind, she started at Portland State University in 2014 and while taking care of twins full-time, obtained her undergraduate degree. She then started at Lewis & Clark Law School, taking on Law Review and working as a Certified Law Student. It’s also worth mentioning she worked as a real estate agent and owned a property development company in addition to working, going to law school, acting as submissions editor on law review, and raising two twin boys.

Alex Hutchinson Receives 2024 YLS Award of Merit

by Nikki Abercrombie YLS Past President

The YLS Board is excited to present this year’s YLS Award of Merit to Alex Hutchinson, whose exemplary work spearheading and leading volunteer efforts for the Service to the Public (STP) Committee has made her a clear rising star within the YLS.

Aime has a pragmatic approach for her clients and her community and a nobones-about-it attitude that seems to work well for her. She lives for complex cases tracing expenditures, or a fact pattern she has not come across before. While negotiation and settlement are often the best course of action, she also recognizes that certain power dynamics necessitate going to court, and is not timid when it comes to litigation. Having helped prepare complex litigation as a legal assistant, she is more confident than most attorneys of her vintage.

After just under two years as a barred attorney, she knows that her prior experience opened the door for her to more complicated cases, thereby allowing her to build her skillset and practice at an accelerated rate. Aime is quick to offer ideas and assistance in any setting - both with her clients, and in her involvement in the YLS. Aime is a dynamic presence at committee meetings and volunteers any time help is needed. She shows up with a positive attitude and collaborative spirit to each meeting and event she attends, which by all reports, is the way she moves through all aspects of her life.

Unsurprisingly, given her experience in the field, Aime recently announced her partnership with another attorney and will be delving into business ownership and management as her next foray. As with everything else, she looks at this opportunity as an exciting new challenge and chance to learn, and as stated initially, Aime is not afraid of a little hard work.

Alex grew up in Boise, Idaho and spent time in Colorado, Idaho, and Oregon before ultimately deciding to settle down in Portland. After earning her undergraduate degree from Portland State University, Alex spent a year working for AmeriCorps in Denver. But she missed Oregon and came back to attend law school at Willamette University, graduating in 2020.

Alex’s involvement with the YLS started when she was in law school. She attended many events, including the MBA Annual Dinner and found the MBA to be a valuable organization to network and meet people. Following law school, Alex attended various YLS events, and became involved as a committee member two years ago when she joined the STP Committee. In that role, she has made a tremendous impact in the MBA by spearheading the popular and successful Blanchet House Donation Drive. The

event involves a month-long drive to collect winter items for the houseless community (rain ponchos, hats, gloves, toiletry items, etc.), culminating in a “Winter Care Kit” making event where attendees assemble kits that the Blanchet House can pass out at meal services. The Blanchet House is a nonprofit social services organization located in Old Town Portland. It provides nutritious, hot meals three times a day, six days a week to anyone in need, no questions asked. The Blanchet House also has a clothing program to pass out clean clothing, hygiene items, and sleeping essentials, and a residential program for men struggling with addiction, unemployment, mental health, housing, or other challenges.

This year, Alex serves as the YLS STP Committee Chair. In that role, she has continued the Blanchet House Donation Drive and increased support for that organization. In addition to that event, however, the YLS STP puts on a variety of other events focused on helping the local community. The upcoming SOLVE Clean-Up at Laurelhurst Park on May 19 focuses on making one of Portland’s historic parks even more beautiful by

Molly Becker Receives 2024 YLS Rookie of the Year Award

by Maxine Tuan YLS President

Molly is receiving the Rookie of the Year Award for her important contributions as a committee member on the YLS CLE Committee. Specifically, as one of the only probate attorneys on the CLE Committee, Molly was instrumental in formulating and planning the Estate Planning Spring 2024 CLE Series. For Molly, planning a CLE is all about making legal concepts digestible and interesting for attendees, and she enjoys thinking of new topics that address everyday questions attorneys encounter. For the future, Molly wants to plan an improv-related litigation CLE for attorneys. As a litigator and someone who has done improv, Molly appreciates the many overlapping skills litigators can learn from improv to better their trial skills and the many ways to better incorporate the improvisational and storytelling aspects of improv into a trial. It is through fun and innovative ideas like these that Molly has really shone on the CLE Committee.

cleaning up litter. Alex said her favorite part of being chair is getting to watch the committee members’ creativity and passion and to foster their new ideas as they spearhead community service projects of their own.

Alex has enjoyed her time on STP and in the YLS in general and hopes to continue to be a part of the MBA going forward.

Alex is an associate at Miller Nash LLP where she assists businesses in a wide range of corporate transactional matters, including sports, entertainment, and media, mergers and acquisitions, franchising, and securities. When she’s not working or volunteering in the community, Alex can be found hitting the slopes to ski most weekends in the winter or mountain biking and hiking in the summer. She is currently training for a half marathon in Grand Teton National Park later this year.

Molly graduated from Lewis & Clark Law School in 2021. During law school, Molly was awarded Best Oral Advocate and Best Trial Team. Molly was an Associate Editor for Environmental Law, worked at the Multnomah County District Attorney’s Office, the Portland City Attorneys’ Office, and the Low-Income Taxpayer Clinic. Molly joined Buckley Law PC upon graduation and was elevated to Shareholder in December 2023. At Buckley Law, Molly practices litigation, including contested guardianship and conservatorship proceedings for minors and adults, and probate, trust, and elder abuse matters. Molly also specializes in representing clients involved with the Oregon Department of Human Services (DHS) from the initial assessment phase through to the Founded review process.

Molly is able to provide a unique perspective when representing children, parents, and family members going through challenging circumstances. Her background,

which includes working for Oregon DHS, Child Welfare for nearly seven years, laid the groundwork for her legal career. As a CPS caseworker, Molly investigated reports of child abuse and neglect, at the same time a young parent herself, which taught her to “make more time out of the same amount of time.” Although stressful, the work allowed her to protect vulnerable children in our local communities, while developing investigative and interpersonal skills she continues utilizing to this day.

Molly credits the time she worked at DHS to building up her resiliency. Now, as a busy attorney and mother of three, Molly continues to juggle it all brilliantly. As Molly states, “I want to work hard, and I want to give back.”

Alex Hutchinson

Aime Lee Ohlmann

Molly Becker

Dunn Carney LLP Receives 2024 MBA Pro Bono Award of Merit

by Brett Cattani Legal Aid Services of Oregon

It is with great honor and enthusiasm that we highlight Dunn Carney LLP as the recipient of the 2024 Legal Aid Services of Oregon (LASO)/ Oregon Law Center (OLC)/ MBA Pro Bono Award of Merit. The Pro Bono Award of Merit is a testament to the unwavering commitment of attorneys and law firms who exemplify the highest standards of dedication to increasing access to justice within Oregon for those unable to afford legal assistance or those from communities underserved by the legal profession.

Dunn Carney LLP is a distinguished law firm with a history of providing exceptional legal services in key areas including real estate law, business law, litigation, and estate planning. Their reputation

for offering practical legal solutions and their demonstrated commitment to serving the community is well-known. However, what sets Dunn Carney apart from many firms is their steadfast dedication to pro bono service. Dunn Carney’s commitment to pro bono service has been nothing short of exemplary. Their participation in Legal Aid’s Night Clinic, additional pro bono projects, and their willingness to accept direct referrals from LASO have had a profound impact on the lives of low-income and underserved Oregonians. “There are all kinds of options when it comes to pro bono service, which means you can find a pathway that makes sense to you and fits within your experience,” shared Kevin Sasse, Partner with Dunn Carney.

Upcoming YLS Events

OHBA/YLS Happy Hour at El Cantarito

Tuesday, May 28, 5:30-7 p.m.

El Cantarito, 735 SW 1st Avenue, Portland

Free for members and nonmembers

Please join the Oregon Hispanic Bar Association (OHBA) and the YLS Membership Committee for a happy hour at El Cantarito. Appetizers will be provided and drinks will be available for purchase at the bar. RSVP to Imani Smith, imani@mbabar.org, requested but not required - please feel free to drop in if you can attend.

YLS Judges’ Social Tuesday, June 25, 4:30-6:30 p.m. Pioneer Courthouse, 700 SW 6th Avenue, Portland

The MBA Young Lawyers Section invites you to the annual Judges’ Social at the historic Pioneer Courthouse! This event provides lawyers the opportunity to socialize with members of the bench in a cordial and informal environment. Registration for this event is free for members and $25 for non-members. If you have any questions about this event, please contact Imani Smith at imani@mbabar.org.

Thursday, June 6, 5-7:30 p.m.

Rogue Eastside Pub and Pilot Brewery

928 SE 9th Avenue

$20 per person

Register online at www.mbabar.og

This event will pit lawyers and accountants against each other to answer the age-old question: who is better at cornhole? Participate as a two-person team, an individual, or just come out to spectate and socialize.

With the generous support of our presenting sponsor:

This event is organized by the YLS Service to the Public Committee and the Oregon Society of CPAs Young Professionals Committee. Event proceeds benefit the Friends of Seasonal & Service Workers.

Whether you’re rooting for Team JD or Team CPA, we hope to see you on June 6!

“LASO has resources to assist volunteer attorneys gain a basic understanding of a variety of subject areas.”

Dunn Carney’s pro bono work continues to provide a beacon of hope for those who would otherwise face insurmountable legal challenges. “Through pro bono work you have the opportunity to make a meaningful difference in someone’s life,” shared Elizabeth Knight, Partner with Dunn Carney, “And chances are, it will make a meaningful difference in your life, too.” The significance of the firm’s pro bono contributions is aptly captured by Emily Brown-Sitnick, Regional Director of LASO’s Portland Regional Office, who states, “The steadfast commitment to pro bono service through the Night Clinic and additional pro bono projects and direct referrals has been essential to support direct services to clients. We rely on pro bono attorneys to help serve our clients in pursuit of access to the law. We are grateful for their contribution and support their leadership by example.”

The enduring partnership between Dunn Carney and LASO underscores their unwavering dedication to pro bono service. As Jill Mallery, LASO Statewide Pro Bono Director succinctly notes, “Dunn Carney has been an invaluable LASO pro bono partner for more than a decade. Over the last 10 plus years, Dunn Carney has shown true dedication to pro bono service and increasing legal services for low-income underserved Oregonians.”

In 2013, Dunn Carney became a partner firm, joining Stoel Rives LLP and LASO in coordinating the Legal Aid Night Clinic, a pro bono project that provides free legal representation to clients on a range of civil legal issues, including: consumer law, small claims advice, landlord/

tenant, and estate planning. Dunn Carney has played a crucial role in the Night Clinic’s success by providing access to justice for those who need it the most. Additionally, their commitment extends to representing lowincome communities in a broad spectrum of critical civil legal issues. Jill Mallery adds that “Dunn Carney graciously accepts case referrals from multiple pro bono projects, including representing survivors of abuse and stalking through LASO’s Domestic Violence Project, protecting tenant rights through LASO’s Housing Notice Clinic, criminal expungements, and urgent direct client referrals. Recently several Dunn Carney attorneys participated in an October Pro Bono month legal clinic that served the East Portland Community.” Dunn Carney’s proactive involvement in these initiatives underscores their commitment to increasing access to justice. As Jill Mallery further affirms, “Dunn Carney’s commitment to increasing access to justice is exemplary and a bright example of a firm making a real difference through pro bono.”

Beyond the thousands of hours devoted to pro bono work over the last decade, Dunn Carney LLP has distinguished themselves through their proactive engagement in mentorship, support, and training for new pro bono volunteers. “As lawyers we have a professional responsibility to ensure our legal system is accessible to everyone, regardless of income,” shared Elizabeth

Knight. “Who you are or how much money you make shouldn’t determine whether you have access to our judicial system.”

In addition to nurturing the next generation of legal advocates and promoting a culture of pro bono work within our legal community, Dunn Carney’s involvement in successful impact litigation and advocacy has advanced the cause of justice and significantly increased legal services to pro bono clients. “Volunteering is a good reminder that what we do in our daily lives makes a difference. That doesn’t necessarily have to include pro bono service, but it is something uniquely within our capacity,” states Kevin Sasse. “No matter the outcome of the pro bono engagement, a service has been provided that likely would not have been. Even if all that you can provide is confirmation of a debt owed, and a sensible pathway to repaying it, that can make a huge difference in someone’s life.”

In conclusion, Dunn Carney LLP stands as an embodiment of the highest standards of commitment to increasing access to justice. Their dedication to pro bono service, their consistent history of taking cases on an emergency or short-notice basis, and their efforts to mentor, support, and train new pro bono volunteers make them an outstanding candidate for the Pro Bono Award of Merit. Congratulations Dunn Carney LLP and thank you for your remarkable contribution.

YLS Solve Clean-Up Sunday, May 19 1-3 p.m.

Laurelhurst Park (SE 33rd Avenue and SE Ash Street)

The YLS Service to the Public Committee is pleased to sponsor a clean-up event with SOLVE at Laurelhurst Park in Portland. Come celebrate spring and lend a hand to make one of the city’s historic parks even more beautiful by taking part in this litter clean-up event. Supplies (trash grabbers, trash bags, work gloves, and high-vis vests) will be provided. Please wear closed-toed shoes and weather-appropriate clothing, and bring a backpack for hands-free convenience. Feel free to bring your personal tools if available and a reusable water bottle to support SOLVE’s sustainability efforts.

Dunn Carney attorneys Kevin Sasse, Joshua Stump, Joshua Stadtler and Sarah Liljefelt at an October 2023 in-person legal aid clinic

New MBA Board Directors

New directors for the threeyear terms which begin June 1 are:

Joseph Franco is a litigator at Holland & Knight. His experience includes cases involving breach of contract, unlawful trade practices, protection of trade secrets, breach of fiduciary duty, fraud and insurance coverage. He graduated from Northwestern School of Law at Lewis & Clark College (now Lewis & Clark Law School). He currently serves as Past President of the Multnomah Bar Foundation, having previously served as President, Vice President and Secretary Treasurer. Joe’s MBA service

has included chairing the Court Liaison Committee and serving on both the Judicial Screening and CLE committees.

Holly Hayman, of counsel with Farleigh Wada Witt, represents creditors, bankruptcy trustees, and other stakeholders in bankruptcy, federal, and state courts; she also counsels business clients regarding transactional matters. She graduated from the University of Oregon School of Law. Holly currently serves on the CLE Committee. Her past MBA service has included YLS President, Treasurer and Secretary, as well as YLS Membership Committee Chair.

Jill Mallery, Statewide Pro Bono Manager at Legal Aid Services of Oregon, focuses on expanding pro bono opportunities across the state to help meet the civil legal needs of low-income Oregonians. She graduated from Lewis & Clark Law School. Jill currently chairs the MBA Public Service Committee and previously served on the Membership Committee.

Anaiah Palmer, in-house US Immigration Counsel for Concentrix Corporation, manages immigration sponsorships and compliance for the company’s operations throughout the US. She graduated from Lewis & Clark Law School. Anaiah currently chairs the Judicial Screening Committee. Her past MBA service has included YLS Treasurer and YLS Membership Committee Chair.

Classifieds Positions

Oregon Bankruptcy CourtTerm Law Clerk Position Judge Teresa Pearson is recruiting for the position of Term Law Clerk. For information about the position and application instructions, visit the court’s employment page at www.orb.uscourts.gov and click on the Employment tab.

Jill Mallery

Joseph Franco

Holly Hayman

Anaiah Palmer

Jeff Howes, Janice Morgan, and Laura Rochelois Receive 2024 MBA Merit Award

Criteria for Selection

Recipients have an enduring commitment to the MBA’s mission of promoting justice through service, education or leadership to the MBA.

The MBA Board is pleased to present its 2024 Merit Award to Jeff Howes, Janice Morgan, and Laura Rochelois.

Jeff Howes

Attorney Jeff Howes has dedicated his legal career to public service and to bettering the legal community. Since 2012, Mr. Howes has served as the First Assistant to the Multnomah County District Attorney (DA), first under DA Mike Schrunk, then under DA

Rod Underhill, and now under DA Mike Schmidt. In 2008, Mr. Howes was promoted to a supervisor role, and served as the Senior DDA of the Misdemeanor Trial Unit where he mentored law student interns and new prosecutors before his promotion to First Assistant. Through his leadership roles in the office, Mr. Howes has demonstrated a commitment to professionalism and high ethical standards. Each year, he organizes an office-wide CLE on the topic of Brady v. Maryland, to ensure prosecutors understand their important obligation to disclose favorable and mitigating information to the defense.

Mr. Howes has been a dedicated public servant, as demonstrated through his distinguished career. He adheres to high ethical standards, and consistently remains committed to “doing the right thing for the right reasons” a motto of longtime Multnomah County District Attorney Mike Schrunk. He leads by example and has positively influenced lawyers and the community throughout his nearly 30-year career.

Janice Morgan

Janice Morgan served as Executive Director of Legal Aid Services of Oregon (LASO) from 2012 until her retirement in 2023. Prior to that, she served as the Program Director of LASO’s Farmworker Program from 1998 to 2012 and had an extensive history in poverty law, having worked for related programs in Michigan and Washington, DC.

The MBA has a long-established history of working with LASO.

The MBA YLS founded the Volunteer Lawyers Project that is currently run by Legal Aid, and has supported the organization for many years by encouraging members to volunteer with LASO programs. Janice helped

to maintain the close working relationship that LASO has with the MBA. The MBA’s mission includes supporting pro bono legal services and assisting organizations that provide legal services for low-income Oregonians. Janice’s career and her commitment to collaborating with the MBA directly supported those key objectives.

Laura Rochelois

Laura Rochelois is the owner of By Design Legal Graphics and served on the MBA Judicial Screening Committee (JSC) from 2018-23. Laura stepped into the role of JSC public member when the committee’s only public member moved out of the area. She quickly became a

valued member of the committee and agreed to extend her term of service several times. Even when Laura’s work took her out of state or she was involved in lengthy trials, she completed her volunteer assignments with care and attention to detail and often volunteered for additional assignments.

As a non-lawyer who does graphic design work for lawyers and law firms, Laura brought a unique perspective and understanding to her role as a public member. She asked questions about the courts that even some of our lawyer members could not answer and everyone learned more about the work of referees and pro tems. Laura also raised questions that led to the improvement of some key materials used in the screening process.

Laura played an important role in training new public members. Of her own accord, she invited them to shadow her and co-vet applicants to help them learn the vetting process. That practice has been extended to the committee at-large, and successive chairs and veteran JSC members now offer to do the same for all new members.

Laura went above and beyond expectations, and she made a lasting difference to the MBA judicial screening process and the experience of the volunteers who carry it out.

Jeff Howes

Janice Morgan

Laura Rochelois

Portland State University Student Legal Services Receives 2024 MBA Diversity Award

by Jennifer Reger MBA Equity, Diversity & Inclusion Committee

The MBA has selected PSU Student Legal Services (SLS) as the 2024 recipient of its Diversity Award.

SLS was established in 1975 by the Associated Students of Portland State University (ASPSU) to address the legal needs of students unable to afford or otherwise access legal services. SLS provides free legal services to PSU students in a wide range of practice areas. This provides amazing access to justice for a population that typically does not have the means to afford legal services.

In 2019, SLS was transferred to the PSU Office of Global Diversity & Inclusion’s oversight in recognition of the disparate impact of legal issues on PSU students and SLS’s ongoing efforts to diversify the legal field.

As SLS services are available to all PSU students, the clients run the gamut from young to elderly, and the practice covers a range of areas, including, but not limited to, family, immigration, criminal, personal injury, consumer, and housing law. It will periodically refer cases out to volunteer attorneys in the community, but the small team of four attorneys is so dedicated to helping students, that they primarily handle cases internally. SLS also supports legal internships for undergraduate students, and trains and supports the next generation of lawyers with their law clerk program.

In 2012, SLS created the Explore the Law (ETL) program

in response to the growing number of first-generation PSU students interested in practicing law, and to address the limited diversity among our OSB members. ETL is a twoterm program that pairs PSU undergrad students with attorney mentors in the local community. The opportunity for outreach is so significant that ETL averages 50 students per year.

ETL is designed to help students from underrepresented, diverse, and non-traditional backgrounds learn about different legal practice areas. The program provides information to students about the profession in a positive setting. It demonstrates to aspiring attorneys that there are more areas of law beyond a punitive system. With an emphasis on professional networking, ETL students are given exposure to attorneys, judges, policy makers, and other legal professionals. During the term, students regularly attend events that might include a networking event with local attorneys, a trip to the courthouse to meet judges, or guest panels on various topics.

We are thrilled to honor SLS for its commitment to students’ access to justice and expanding the diversity of the legal profession. We are so lucky to have SLS as a member of our local community.

Zoë Habekost Receives 2024 Michael E. Haglund Young Lawyer Award

by Shelby C. Smith Legal Aid Services of Oregon

Zoë Habekost became licensed in 2022 and is already making a significant positive impact in the lives of low-income Oregonians through her pro bono work with Legal Aid Services of Oregon (LASO). An Oregonian from birth, Zoë is proud of the work she is able to do in her community. “I am Oregon born and raised. I grew up in Salem, and then went to college and law school at the University of Oregon (go Ducks!). I am so grateful to be a member of the Oregon Bar and to be an attorney with Tabor Law Group.”

Immediately upon joining the firm Leonard Law Group, now doing business as Tabor Law Group, Zoë became involved with LASO and OSB Debtor-Creditor Section’s Bankruptcy Clinic. She has also accepted cases through LASO’s Senior Law Project and Farmworker Program, and she has accepted cases to enforce judgments on behalf of domestic violence survivors. On why she does pro bono work, Zoë explains, “I think it is easy for new lawyers to forget the initial reasons that they wanted to go to law school - especially after the hustle of studying for the bar exam, finding a job, and starting a career. I find that working with pro bono clients can be a really fulfilling reminder of the reasons I wanted to become a lawyer in the first place. The ability to assist my fellow Oregonians, who might not otherwise be able to hire a lawyer, is really meaningful, and that is why I try to volunteer as much time as I can.”

According to former Tabor Law Group partner, Justin Leonard, “Zoë has really engaged with pro bono work during her early career, and I believe there are two reasons. First, she loves using her education and skills to help people in need. And her clients have been so grateful to her for providing such care, along with legal advocacy and guidance. Second, pro bono work has given her a way to develop new legal skills and broaden her exposure to issues within the scope of her commercial bankruptcy and debtor/creditor-rights practice.”

Zoë has attended three inperson Bankruptcy Clinics and accepted nine cases through pro bono projects with LASO in less than a year. For this work, Zoë has reported more than 35 hours, with several cases ongoing. This commitment to pro bono work so early in a legal career is unique and truly embodies the OSB’s central mission of providing justice for all.

Leonard also notes as an example of Zoë’s commitment, “in the last year, Zoë has defended and advised three different debtor clients facing aggressive creditors in LASO’s Senior Law Project; assisted LASO’s Farmworker Program in collecting judgments on behalf of injured farmworkers; provided support to LASO family law clients by collecting their post-dissolution judgments, including garnishments of wages and bank accounts and efforts to seize assets; and by regularly volunteering for LASO’s Bankruptcy Clinic (which is a custom for our entire DebtorCreditor bar), filing Chapter 7 bankruptcy cases on behalf of consumer debtors who are overwhelmed by debt (usually medical debts) and can’t even afford a lawyer.”

He continues, “I have observed how Zoë has gained perspective/insight and new skills through her pro bono work, which has directly benefited [the] firm’s fiduciary and commercial clients. I realize that she does the work for altruistic, soulaffirming reasons (making a meaningful difference in the world with her law degree), but I can also see a direct benefit to her skill set as an attorney.”

Zoë herself recognizes the benefits doing pro bono work has had on her career thus far and how it can help other new lawyers expand their knowledge and skill set. “Beyond the ability to assist members of my community, I have learned so much working with pro bono clients. It has presented me with so many learning experiences that I might not have otherwise been exposed to as a new lawyer. Plus, it has

also allowed me to work with other experienced practitioners, who have directly and indirectly taught me so much.” With words of encouragement to other new lawyers interested in engaging in pro bono work, Zoë notes, “a bit of your time can drastically change the course of someone’s life. Plus, LASO works so hard to organize everything so that it is easier to take on the time commitment.”

As proof of the tangible impact of this work, Zoë recalls, “I will never forget my first pro bono bankruptcy client - a newly divorced young woman who was trying to start her next chapter in more ways than one. She was very gracious with me while I was learning the practical intricacies of client communication, filing a petition, the reaffirmation process, and responding to the Court. Her palpable relief when she received a bankruptcy discharge was something that I will never forget nor fail to appreciate.”

LASO’s Statewide Pro Bono Manager Jill Mallery notes that “Zoë has made a remarkable impact on lowincome communities through her pro bono work with LASO. Zoë is quick to help and has a kind professional nature. She assists underserved clients with a variety of legal issues and has displayed determination, empathy, and commitment in her representation of numerous pro bono clients, often dedicating many hours and much energy towards resolving their legal issues. Zoë is an ideal recipient of the Michael E. Haglund Award for her dedication to pro bono work and reducing barriers to the legal system.”

Please join us in celebrating Zoë with the Michael E. Haglund award for her amazing work!

CHAMBERLAIN

& Small Firm Committee

Law Firm Marketing 101

Tuesday, May 21

12-1 p.m.

Remote attendance only via Zoom

To grow your law practice, you need to have a plan to communicate the services you provide to the people who want to purchase those services. This CLE will cover basic marketing (such as branding, advertising, and sales) from the perspective of Steven Leskin, Leskin Law & Mediation, and Robert Wilkinson, Vulin Wilkinson LLC, two longtime Portland practitioners with very different practices. Topics will include networking, digital advertising, social media, and nurturing referral sources. Come spend an hour listening to how two attorneys have grown their practices.

Cost: Free for members; $30 for non-members

The MBA will apply for 1 hour of Business Marketing OSB MCLE credit

Breaking Barriers: Five Strategies for Fostering Communication Amidst Generational Differences and Implicit Bias

Monday, June 3 12-1 p.m.

The Royal Sonesta, 506 SW Washington Street

In the dynamic landscape of today’s workplace, diversity thrives through the coexistence of four distinct generations. Join us on an insightful journey as we delve into the unique characteristics of each generation, fostering a deeper understanding of their perspectives and behaviors. Engage in thoughtprovoking discussions on implicit bias and its profound influence on our interactions. Coleen Gose, Life Coach, will touch upon five powerful strategies tailored to enhance communication and resolve conflicts across generational boundaries. Experience the unfolding of the HEART framework, a deliberate construct encompassing the essential components of nurturing healthy relationships. You will gain practical insights on fostering collaboration and harmony in a multi-generational workforce.

Sponsored by

Cost: $20 for members; $30 for non-members

The registration fee includes a buffet lunch. The MBA will apply for 1 hour of Access to Justice OSB MCLE credit

Zoë Habekost

Craft Night Event

Fourteen people gathered at DIY Craft Bar in North Portland on April 4. After selecting projects, people got creative making items such as passport holders, luggage tags and Kokedama (a fun way to display indoor plants). Everyone enjoyed getting crafty and trying something different, while meeting new people.

Join an MBA or YLS Committee

Rewards of Volunteering

Participation on an MBA or YLS committee is an excellent opportunity to become more active within the legal community, to further develop leadership skills, and to collaborate with colleagues. Most committees meet virtually for one hour once a month, September through May.

MBA Committee

Descriptions

CLE Plan, conduct and evaluate 40 CLE seminars, focusing on members’ primary areas of practice.

Court Liaison

Foster constructive dialogue with the Multnomah County Circuit Court Presiding Judge and Trial Court Administrator with regard to current court practices, or to rules or procedural changes before they are implemented by the court.

Equity, Diversity & Inclusion

Foster and expand equity, diversity and inclusion in the MBA and Multnomah County legal community, and create and strengthen a relationship of mutual support between the MBA and diverse bar organizations. The committee also administers the Diversity Award screening and selection process.

Events

Plan social and networking events, and fundraising events including the WinterSmash bowling event and Battle of the Lawyer Bands, which are both family-friendly fundraisers for the Multnomah Bar Foundation.

Judicial Screening

Professionalism

Promote principles of professionalism within the legal profession, through “The Corner Office” article, Professionalism Statement, Mentor Program and professionalism training programs. The committee also administers the Professionalism Award screening and selection process.

Public Service

Explore new ways for lawyers to assist those in need in the community, in partnership with the court, pro bono and social service providers, and other stakeholders.

Solo/Small Firm

Focus on programs and services that are of value to small firms and solo practitioners.

YLS Committee

Descriptions

YLS CLE

Organize 27+ MCLE-accredited seminars, with content intended specifically for newer attorneys. Provide additional professional and career development seminars for the YLS membership.

YLS Membership

Assist in recruitment and involvement of MBA young lawyer members, encourage member participation in the YLS, and organize a variety of networking activities for YLS members.

YLS Pro Bono

Provide leadership and professional development opportunities for young lawyers in pro bono work. Administer the local Wills for Heroes Foundation clinic, providing estate planning services to first responders.

Confidentially review applications of pro tem and judicial appointment candidates, and report recommendations as called for by the MBA Boardapproved process. To volunteer for a committee, apply online at:

YLS Service to the Public

Provide programs to engage young lawyers in community outreach activities that educate the public about the legal system, the positive role of attorneys in society, and the legal resources available to the community.

Homelessness Under the Law

by Christopher Allnatt MBA Equity, Diversity & Inclusion Committee

“Homelessness.” If you are looking to stir a lively conversation, just say the word. The topic will raise no shortage of viewpoints and opinions. The issue of homelessness is not new, nor is it limited to Portland’s city center. There are people experiencing homelessness in our urban, suburban, and rural communities across Oregon. We see its impacts along highways, in green spaces, and on sidewalks in front of homes and businesses.

The 2023 point-in-time count found there to be 20,110 individuals experiencing homelessness across Oregon on a single night in January.1 To be homeless means not having a fixed, regular, and adequate nighttime residence, and includes those who are unsheltered (sleeping outside) and sheltered (sleeping in a place not designed for sleeping, like a car, camping ground or abandoned building).2 Of those individuals experiencing homelessness, 13,004 were unsheltered and 7,106 were sheltered. At the same time, Oregon had only 8,705 shelter and transitional housing beds, or 11,405 beds short of what would be needed for every person in the pointin-time count to be sheltered. Meanwhile, from 2022 to 2023, the overall homelessness in Oregon increased by 8.5 percent. As much as we may feel impacted by homelessness, the greater impact is on the people who are actually experiencing it. Currently before the US Supreme Court is the case City of Grants Pass v. Gloria Johnson, et al 3 This case has received wide press.4 And based on the sheer number

1 Greene, J., Spurbeck, F. H., and Zapata, M. (2023). 2023 Oregon Statewide Homelessness Estimates. Portland State University Homelessness Research & Action Collaborative.

2 Homeless Emergency Assistance and Rapid Transition to Housing: Defining “Homeless,” Office of the Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development, 76 Federal Register 75994 (January 4, 2012).

3 No. 23-175 (August 25, 2023).

4 Hayden, Jeremiah, “Grants Pass v. Johnson: Here’s what led to key homelessness case before high court,” Oregon Public Radio, April 4, 2024, www.bit.ly/opb-article

of cities and local jurisdictions that have filed amicus curiae briefs5, the expectation is that the decision by the high court will have profound impacts on the manner in which laws regulating or prohibiting sleeping or camping on public property may be enforced.

The provisions of the Grants Pass Municipal Code at issue in the Johnson case include “antisleeping” and “anti-camping” ordinances that prohibit anyone from sleeping in public spaces or using sleeping materials for the purpose of maintaining a temporary place to live, effectively prohibiting a person “from using a blanket, a pillow, or a cardboard box for protection from the elements while sleeping within the City’s limits.”6

The ordinances include civil and criminal enforcement.7 Violations may result in civil fines up to several hundred dollars per violation. A person who receives two or more citations within a year may be barred from all city property. And a person may be subject to criminal prosecution for trespass if they are found on city property after receiving an exclusion order. A person found guilty of criminal trespass can be punished with up to 30 days in jail and a $1,250 fine.8 At the same time the number of individuals experiencing homelessness in the City of Grants Pass outnumber the available shelter beds, leaving those individuals with nowhere to shelter and sleep in the City other than on the streets or in parks.9

The Ninth Circuit held that the “anti-camping” ordinances violate the Cruel and Unusual Punishments Clause of the Eighth Amendment to the US Constitution as applied to individuals who are involuntarily experiencing homelessness and who have no other shelter options.10 The Ninth Circuit reasoned that it is unconstitutional to punish a person for engaging in an activity that they cannot avoidthat is, for sleeping somewhere in public when there is nowhere else to go.11

In reaching its decision, the Ninth Circuit affirmed its earlier decision in the case

5 United States Supreme Court, docket for City of Grants Pass v. Gloria Johnson, et al, no. 23-175, www.bit.ly/scotus-docket (last visited April 10, 2024)

6 Johnson v. City of Grants Pass, 72 F.4th 868, 874-875 (9th Cir 2023), cert. granted ___U.S. ___, 144 S. Ct. 679 (January 12, 2024)

7 Id. at 876.

8 Hayden, J., supra

9 Johnson, 50 F.4th at 874.

10 Id. at 890.

11 Id

Martin v. Boise. In Martin, the Court concluded that the Cruel and Unusual Punishments Clause prohibits the state from punishing an involuntary act or condition if the act of condition is the unavoidable consequence of an individual’s status or being.12 Applying that principle to homelessness, the court concluded that government “may not criminalize the state of being ‘homeless in public places’ [and similarly] may not ‘criminalize conduct that is an unavoidable consequence of being homelessnamely sitting, lying, or sleeping on the streets.’”13 When there is a greater number of individuals experiencing homelessness in a jurisdiction than the number of available beds in shelters in the jurisdiction, then there is no option of sleeping indoors and, under those circumstances, government may not criminalize individuals who are indigent and homeless for sleeping outdoors on public property.14

In granting certiorari in Johnson, the Supreme Court has summarized the Ninth Circuit’s decision as having “cemented a conflict with the California Supreme Court and the Eleventh Circuit, which have upheld similar ordinances, and entrenched a broader split on the application of the Eighth Amendment to purportedly involuntary conduct.”15

Local and state governments will debate what policies are needed to address homelessness and, even, what the appropriate policy questions regarding homelessness are that should be addressed. This is no easy task. These conversations are taking place within a truth that, across this country, there are hundreds of thousands of people who are experiencing homelessness. Additionally, these policy decisions are being made within the context of our Constitution. That very constitution that limits what government may impose on you and me is the same constitution that protects people who are experiencing homelessness.

Government may not restrict a person’s speech based on its content (First Amendment)16, unreasonably search or seize a person’s bag or belongings

12 Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018); cert. denied ___U.S. ___, 140 S. Ct. 674 (2019)

13 Id., 902 F.3d at 1048, quoting Jones v. City of Los Angeles, 444 F.3d 1118, 1137 (9th Cir. 2006).

14 Id

15 United States Supreme Court, Questions Presented, City of Grants Pass v. Gloria Johnson, et al, no. 23-175, www.bit.ly/scotus-questions

16 Police Department of Chicago v. Mosley, 408 U.S. 92 (1972).

(Fourth Amendment)17, or deny life, liberty or property without due process (Fifth and Fourteenth Amendments).18 Ultimately, the Supreme Court

17 See, Bond v. United States, 529 U.S. 334 (2000) (Law enforcement officer’s physical manipulation of carry-on bag violated Fourth Amendment’s proscription against unreasonable searches.).

18 See, e.g., Santosky v. Kramer, 455 U.S. 745 (1982) (Procedural due process requires government to provide notice and hearing and show clear and convincing evidence prior to termination of parental rights.).

will determine to what extent, if any, the Eighth Amendment puts limits on the manner in which government may regulate or prohibit sleeping or camping on public property when there is no other shelter option.

On May 28 at 5:30 p.m. at the Rose Haven Community Center, there will be an open presentation and continuing legal education seminar on this topic by Ed Johnson and Walter Fonseca, co-counsels for plaintiffs in the Johnson case, and Jacen Greene, co-founder and assistant director of PSU’s Homelessness Research & Action Collaborative.

MBA Equity, Diversity & Inclusion Committee presents

Homeless but not Illegal Grants Pass v. Johnson Reaches SCOTUS

Tuesday, May 28 5-6:30 p.m.

Rose Haven Community Center 1740 NW Glisan Street, Portland

Please join the MBA Equity, Diversity & Inclusion Committee for this timely and in-depth discussion related to homelessness in Oregon. Our speakers include Jacen Greene, co-founder and assistant director of PSU’s Homelessness Research & Action Collaborative. Jacen will talk about the 2023 Oregon Statewide Homelessness Estimates. He will be joined by Ed Johnson and Walter Fonseca, cocounsels for plaintiffs in the case Grants Pass v. Johnson. This class action case is currently before the United States Supreme Court. The Court is being asked to decide to what extent the Eighth Amendment “cruel and unusual punishment” provision limits a city’s ability to regulate or prohibit sleeping or camping outside when no other safe shelter options are available. See the April 4, 2024 article published on the OPB website on this topic at www.bit.ly/opb-article.

For more information: Contact Chris Allnatt, Deputy Legislative Counsel, 503.986.1243

For registration questions: Contact the MBA at mba@mbabar.org

Sponsored by

Thank you MBA Equity, Diversity & Inclusion Education Subcommittee members Chris Allnatt, Sonam Dorji Tarak, Daniel Housley, Radhika Shah and Michelle Yang for planning this CLE.

Cost: $20 for MBA members; $30 for non-members The MBA will apply for 1 hour of Access to Justice OSB MCLE Credit.

Register at www.mbabar.org

Pro Bono Volunteers

Thank you to the following lawyers who recently donated their pro bono services to the Volunteer Lawyers Project at Legal Aid Services of Oregon. Visit www.mbabar.org/probono to discover pro bono opportunities in Multnomah County.

Alexzander Adams

Alan Aldous

Noah Bishop

Brett Carson

Emily Clark Cuellar

Sarah Crooks

Grant Elder

Michelle Freed

Stephen Galloway

Gina Goddard

Zoë Habekost

Shauna Haney

Roger Harris

Kasey Hemphill

Theressa Hollis

Philip Hornik

Samuel Justice

•

•

• UM/UIM

• Arbitration Services of Portland (Panelist)

• American Arbitration Association (Employment Law

Dean

love LawPay! I’m not sure why I waited so long to get it set up.

Trusted by 50,000 law firms, LawPay is a simple, secure solution that allows you to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools.

22% increase in cash flow with online payments

Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA

62% of bills sent online are paid in 24 hours

The Corner Office PROFESSIONALISM

Is Empathy the Answer?

The Links Between Mental Health, Professionalism, and Empathy

In law school students are trained to “think like a lawyer.” Most people who attend law school, myself included, notice that they changed as law school progressed. For example, we learned how to think logically and analytically differently than the way we did before. We also learned how to “think on our feet” by regurgitating essential details of cases in front of our peers when we were called on at random. Additionally, and more subtly, lawyers are educated beginning during their first year of law school to be “cool, unemotional, thinkers” with the “implied assumption that law school can flip off the ... ethical and human concern, teach legal analysis, and later, when students have mastered the central intellectual skill of thinking like a lawyer, flip the switch back on.”1 Perhaps it is time to prioritize teaching empathy and professionalism in our legal education.

Increasing empathy in the legal profession has the potential to significantly improve relationships with our clients, with other attorneys, and with society as a whole.2 As used in this article, empathy is “the action of understanding, being aware of, being sensitive to,

1 Ian Gallacher, Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Skill and Why Legal Education Should Change to Reflect its Importance, at 6-7 (2012). www.surface.syr.edu/ lawpub/6 (last visited April 10, 2024) (quoting William M. Sullivan et al., Educating Lawyers: Preparation for the Profession of Law, 5-6 (2007)).

2 Peter Sear Ph.D., Empathy for Legal Professionals, Psychology Today, www.bit.ly/sear-empathy (Dec. 1, 2023). (last visited April 10, 2024).

and vicariously experiencing the feelings, thoughts, and experience of another.”3

Empathy plays a critical role in building trust between lawyers and their clients.4 Indeed, “lawyers who exhibit empathy are more likely to establish stronger client relationships, leading to increased cooperation and better outcomes.”5 Moreover, studies reveal that empathetic lawyers tend to be better communicators, which tends to improve client collaboration and satisfaction.6

Furthermore, studies have also shown that empathetic lawyers tend to be better advocates for their clients because they are more likely to develop arguments that resonate with judges, juries, and mediators.7 Accordingly, incorporating empathy in the

3 Merriam-Webster Online Dictionary, www.merriamwebster.com/dictionary/empathy (last visited April 10, 2024).

4 Sear, supra n. 2 (citing Brimbal, L., Meissner, Evaluating the benefits of a rapport-based approach to investigative interviews: A training study with law enforcement investigators. (2022) PsycNET. Apa.Org.)

5 Id.

6 Id. (citing Heavin, H., & Keet, M. Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, and Client Choice, Cardozo Journal of Conflict Resolution, 22 (2020)).

7 Id. (citing Bandes, S. A. Feeling and thinking like a lawyer: Cognition, emotion, and the practice and progress of law Fordham L. Rev., 89 (2020)).

legal field has the potential to “build trust, enhance communication, strengthen advocacy, bridge the justice gap, and promote alternative dispute resolutions.”8 It can lead to better outcomes for clients and a more effective, compassionate legal system overall.9

Additionally, each one of us has interacted with at least one attorney who we felt lacked empathy, which likely affected your day. Whether it is dealing with a partner who is unwilling to understand your point of view or an opposing counsel who opposes your valid request for extension of time for no apparent reason, attorneys who lack empathy affect other attorneys, including affecting their mood and their time. Likewise, in this small legal community, attorneys remember unprofessional conduct by other attorneys, which can have lasting adverse impacts on the unprofessional attorney’s current and future clients’ interests.

In addition to improving outcomes for clients, studies suggest individuals practicing empathy see improvements in their own mental health. Similar to the mental health crisis facing the legal profession, mental health issues continue to increase in prevalence among healthcare professionals worldwide.10

8 Id.

9 Id.

10 Sattar, K., Yusoff, M. S. B., Arifin, W. N., Mohd Yasin, M. A., & Mat Nor, M. Z. (2023). A scoping review on the relationship between mental wellbeing and medical professionalism, Medical Education Online, 28(1). www.bit.ly/medical-educationonline (last visited April 10, 2024).

A scoping review published in 2023, which reviewed and summarized the contents of current literature regarding the relationship between mental wellbeing and professionalism in the medical field, found a strong positive correlation between empathy and mental wellbeing.11

The scoping review differentiated between two different types of empathy: “empathic concern” and “personal distress” empathy.12 The studies reviewed found correlations between the two types of empathy and burnout.13 Empathic concern “is associated with warm, compassionate feelings toward people in distress, whereas personal distress is associated with feeling others’ sadness and discomfort through observation of their negative experiences.”14 Personal distress empathy was correlated with higher burnout scores.15

Perhaps more surprisingly though, the scientific literature indicated that empathic concern and professionalism were negatively correlated with professional burnout.16 Similarly, burnout was linked to unprofessional conduct.17 Specifically, burnout was correlated with self-reported unprofessional demeanor, insensitive practices, and/ or cheating or fraudulent behaviors.18 Accordingly, the study concluded that “burnout may be an added significant variable causing unprofessional behavior.”19

Likewise, professionalism in the medical field decreased as other aspects of mental health declined in medical professionals.20 Specifically, “[p]oor mental wellness, characterized by fatigue, stress, depression or anxiety, and poor quality of life, was connected with lesser medical professionalism, such as empathy.”21

11 Id.

12 Id.

13 Id.

14 Id.

15 Id.

16 Id.

17 Id.

18 Id.

19 Id. (emphasis added)

20 Id.

21 Id.

According to the scoping review, “[c]ompassion for oneself and for others in one’s care was found to relieve burnout and increase professional satisfaction.”22 The American Board of Internal Medicine recommends that “humanistic principles and empathy should ... be promoted and evaluated as a fundamental instructive activity within the medical curriculum.”23

Like the medical field, the legal profession should also promote humanistic principles and empathy. Although it is clear that empathy is an important, if not vital, tool for effective lawyering, legal education still trains law students to think logically and analytically at the expense of acting with empathy.24 Focusing more on professionalism and in particular, empathy, beginning in law school and continuing in the practice of law would have significant benefits for our clients, our profession, and for individual lawyers’ mental health.

Additionally, decreasing the stigma surrounding mental health issues in the legal field would allow attorneys with declining mental health to be more open about their struggles, seek the help they need, and in turn, decrease the likelihood of burnout. And, as explained above, reducing burnout will promote empathy and professionalism. Notwithstanding whether law schools will add curriculum relating to empathy or whether the stigma surrounding mental health treatment somehow vanishes, each individual attorney has the power to improve their relationships with their clients, improve outcomes, improve relationships with other attorneys, and improve their own mental health by practicing empathy every day.

The Corner Office is a recurring feature of the Multnomah Lawyer and is intended to promote the discussion of professionalism taking place among lawyers in our community and elsewhere. While The Corner Office cannot promise to answer every question submitted, its intent is to respond to questions that raise interesting professionalism concerns and issues. Please send your questions to mba@mbabar.org and indicate that you would like The Corner Office to answer your question. Questions may be submitted anonymously.

22 Id.

23 Id.

24 Gallacher, supra n. 1, at 36.

Are you a law firm operating in Oregon or Clark County, Washington? The MBA Health Plan offers comprehensive and affordable group medical, dental, and vision insurance.

Benefits include:

COMPREHENSIVE COVERAGE

Enjoy tailored medical, dental, and vision insurance that suits your budget.

STABLE PREMIUMS

Save money with competitive and consistent premiums.

FREEDOM OF CHOICE

Select from various plans, networks, and carriers for your unique needs.

HASSLE-FREE ENROLLMENT

Streamlined billing and enrollment processes, so you can focus on your expertise.

EXCEPTIONAL SUPPORT

Our dedicated team ensures an outstanding experience.

To be eligible to participate, firms must enroll at least one W-2 employee in addition to the attorney. Contact us today for a personalized quote and discover how the MBA Health Trust can empower your team to thrive.

DAVIS tdavis@aldrichadvisors.com (503) 485-2482