OADC Fall Seminar CLE

2022 FALL SEMINAR NOVEMBER 18, 2022 | 8:00 AM – 5:00 PM

CLE Materials 1

OADC Oregon Association of Defense Counsel

The Benson Hotel Portland, Oregon

OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR

NOVEMBER 18, 2022 | 8:00 AM – 5:00 PM | THE BENSON HOTEL, PORTLAND, OREGON

CLE Materials TABLE OF CONTENTS Schedule at a Glance......................................................................................................................................................................................................3 General Session: And the Beat Goes On: Moody on Appeal...............................................................................................................................4 General Session: Tips on Picking a Favorable Jury, and Dealing with Covid..................................................................................................31 General Session: 2022 Oregon Legislative Update..............................................................................................................................................35 Lunch with Featured Speaker, The Honorable Judith Matarazzo: The New Normal? Litigating and Trying Cases......................38 in a “COVID-variant” World General Session: Navigating the OEC 104 Evidentiary Hearing With Confidence.....................................................................................43 General Session: Extinguishing Burnout: How to Foster Engagement in the Legal Profession............................................................48 2022 Fall Seminar Sponsors........................................................................................................................................................................................52 2023 OADC Conference Information.......................................................................................................................................................................53

This information and related materials are provided to you as a registered 2022 OADC Fall Seminar attendee only. To maintain the integrity of the program, please do not share this with anyone else.

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR

NOVEMBER 18, 2022 | 8:00 AM – 5:00 PM | THE BENSON HOTEL, PORTLAND, OREGON

Schedule of Events 8:00 – 8:20 am

Registration, Continental Breakfast, Exhibits 8:20 – 8:30 am

Welcome, Announcements, And Introduction 8:30 – 9:30 am

And the Beat Goes On: Moody on Appeal

F.J. Maloney, Shareholder, Maloney Laurersdorf Reiner 9:30 – 10:30 am

Tips on Picking a Favorable Jury, and Dealing with Covid Alice Brown, Managing Attorney, American Family Insurance Company 10:30 – 10:45 am

Break & Exhibits 10:45 – 11:45 am

2022 Oregon Legislative Update Maureen McGee, Of Counsel, Tonkon Torp 11:45 am – 12:00 pm

Break & Exhibits 12:00 – 1:00 pm

Lunch with Featured Speaker, The Honorable Judith Matarazzo THE NEW NORMAL? LITIGATING AND TRYING CASES IN A “COVID-VARIANT” WORLD 1:00 – 1:15 pm

Break & exhibits 1:15 – 2:15 pm

Navigating the OEC 104 Evidentiary Hearing With Confidence

The Honorable Katherine von Ter Stegge & Mike Shin, Deputy General Counsel, TriMet 2:15 – 2:30 pm

Break, Exhibits & Exhibitor Raffle Drawing 2:30 – 3:30 pm

Extinguishing Burnout: How to Foster Engagement in the Legal Profession

Kyra Hazilla, Director, OAAP & Hong Dao, Director, PLF-Practice Management Assistance Program (PMAP) 3:30 – 5:00 pm

Social & No-Host Bar At The Benson Lobby Bar 6.0 hours CLE credits (approval pending) *subject to change 3

OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR CLE MATERIALS And the Beat Goes On: Moody on Appeal

PRESENTED BY F.J. Maloney, Shareholder, Maloney Laurersdorf Reiner November 18, 2022 8:30 – 9:30 am The Benson Hotel, Portland, Oregon 4

Nick McGuf n Civil Rights Lawsuit – Complaint (https://mlrlegalteam.com/wp-content/uploads/2020/07/NICHOLAS-JAMES-

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m/)

MCGUFFIN_2020-07-20-Complaint.pdf) & Press Release (https://mlrlegalteam.com/wp-content/uploads/2020/07/Press-Release-McGuf n-

Francis J. “FJ” Maloney, III, Maloney, Lauersdorf, Reiner Files-Civil-Rights-Suit-2020_07_20.pdf)

 Shareholder fjm@mlrlegalteam.com (mailto: fjm@mlrlegalteam.com) 503.245.1529

Francis “F.J.” Maloney is recognized as the “go-to” attorney in rst-party extra-contractual and “bad faith” insurance litigation. F.J. started his legal career as a Deputy District Attorney in Deschutes County, Oregon, where he gained valuable trial experience prosecuting criminal cases ranging from juvenile delinquencies and dependencies to minor misdemeanors and major felonies, including capital murder. That experience has carried over to a successful multi-jurisdictional practice. F.J. regularly litigates and tries cases in numerous states and jurisdictions, and has successfully argued cases before the Oregon Supreme Court, Oregon Court of Appeals, Washington Court of Appeals, South Dakota Supreme Court and Eighth Circuit Court of Appeals. F.J. has also been active in numerous professional organizations including the Oregon and Washington State and Federal Bars, the American Bar Association, Oregon Association of om) > Team (https://mlrlegalteam.com/team/) > Francis J. “FJ” Maloney, III (https://mlrlegalteam.co Defense Counsel and several other local bar associations. He is the past Chair of the ABA’s Subcommittee for the Tort Trial Insurance Property Section, a nationally-recognized association of insurance litigators from around the country. (https://mlrlegalteam.com/team/andrew-c-lauersdorf/

F.J. also actively participates in local charities and organizations, including as the past Chair of the Archdiocese of FJ” MALONEY, III Portland Pastoral Counsel, board member for the Catholic Youth Athletic Association, and as a member of several local pastoral and school councils. Having returned in 2020 from an extended sabbatical in which he and his family sailed m.com (mailto:fjm@mlrlegalteam.com) the Eastern Seaboard aboard their catamaran, “Wild Rumpus,” F.J. spends much of his free time in outdoor endeavors such as trail running, mountain biking and skiing. In the winter he devotes weekends to volunteering as a medical rst aloney is recognized as the “go-to” in rst-party extra-contractual responder with theattorney Mt. Bachelor National Ski Patrol. insurance litigation. F.J. started his legal career as a Deputy District

Bar/Court Admissions Oregon State Bar, 1995

schutes County, Oregon, where he gained valuable trial experience

iminal cases ranging from juvenile delinquencies and dependencies to minor

State Bar, 2012That experience has carried and major Washington felonies, including capital murder.

ssful multi-jurisdictional F.J. regularly and tries cases in U.S. Districtpractice.

Court for the Dist.litigates of Oregon

es and jurisdictions, and has successfully argued cases before the Oregon

U.S. District Court for the Western Dist. of Washington

t, Oregon Court of Appeals, Washington Court of Appeals, South Dakota

U.S. District Court for the Eastern Dist. of Washington

t and Eighth Circuit Court of Appeals. F.J. has also been active in numerous

U.S. Eighth Circuit Court of Appeals U.S. Sixth Circuit Court of Appeals Education University of Oregon, J.D., 1995 Boston College, B.A., English and Environmental Geosciences, 1989

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• Admitted in Oregon and Washington • Practicing law for over 25 years with more than 20 years specializing in insurance coverage and extracontractual litigation • FJ has been successfully defending insurance carriers in first-party and extracontractual litigation matters for over 20 years in Oregon, Washington, South Dakota and other jurisdictions nationally as the “go-to” extracontractual bad faith attorney • Numerous jury trials, defense verdicts, and appellate cases regarding work in insurance coverage and extracontractual “bad faith” litigation

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR CLE MATERIALS Tips on Picking a Favorable Jury, and Dealing with Covid PRESENTED BY Alice Brown, Managing Attorney, American Family Insurance Company November 18, 2022 9:30 – 10:30 am The Benson Hotel, Portland, Oregon 31

Alice Brown, Managing Attorney, American Family Insurance Company

Alice is the Managing A.orney for American Family Insurance Company in Washington and Oregon. She previously worked as Managing A.orney for GEICO Staff Counsel and was a Staff A.orney for State Farm for 18 years. Alice has tried over 100 civil trials to verdict. She teaches Trial Advocacy at The University of Washington Law School and Emory Law School. Alice also teaches both deposiKon skills and trial skills with the NaKonal InsKtute of Trial Advocacy(NITA) and is NITA Teacher CerKfied. Alice lives in Sea.le and in licensed in Washington, Oregon and Texas (inacKve). Alice serves on the Board of Directors for the Washington Defense Trial Lawyers AssociaKon and during COVID worked on the Washington Board of Judicial AdministraKon Court Recovery Task Force – civil commi.ee – a group made up of judges, jusKces, plainKff and defense a.orneys tasked with keeping liKgaKon running during pandemic. She is also the WDTL liaison to the Superior Court Judges AssociaKon.

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Voir Dire Outline

I.

The Basics - 3 Main Components in Voir Dire a. Get to Know the jurors b. Key concepts c. Establish Rapport

II.

Review of Basic Tips for Effec>ve Voir Dire a. Proper orienta<on b. Set the stage c. Get them talking d. Open-ended ques<ons e. Difficulty v. ability f.

Alterna<ve route to uncover bias

g. Design ques<ons using “bad” answers h. Juror par<cipa<on i.

III.

Be persistent

Uncovering Bias a. Educate About Bias b. Normalize the Concept of Bias c. Locate i.

How many people have feelings about…..

d. Eliminate e. Examples f.

IV.

Binary absolutes

Common Mistakes a. Doing all the talking b. No follow up

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c. Ques<ons not tailored to specific case d. Lack of Prepara<on e. Path of least resistance (in spite of your best efforts)

V.

Special Issues with Remote Voir Dire a. Benefits b. Issues c. Tips for BeZer Remote Voir Dire

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR CLE MATERIALS 2022 Oregon Legislative Update PRESENTED BY Maureen McGee, Of Counsel, Tonkon Torp November 18, 2022 10:45 – 11:45 am The Benson Hotel, Portland, Oregon 35

Maureen McGee, Of Counsel, Tonkon Torp Maureen McGee bio: Maureen McGee is an attorney Of Counsel in Tonkon Torp’s Government Relations & Public Policy Practice Group, and she has an extensive background in Oregon legislative-level matters.

In her nine years serving Oregon lawmakers, most recently as a Senior Deputy Legislative Counsel, she provided nonpartisan, policy-neutral legal advice and legislative drafting services to the 90 members of the Oregon Legislative Assembly. Maureen was the lead nonpartisan legislative counsel attorney on all carbon pricing legislation in Oregon from 2015-2020, and has been involved in many other issues involving everything from air toxics to product stewardship and broadband accessibility. In private practice, Maureen provides strategic legal and legislative advocacy services for a wide variety of clients, including corporate clients and trade associations, throughout Oregon and the Pacific Northwest. .

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OADC Fall Seminar, Nov. 18, 2022, 10:45 – 11:45 am

2022 Oregon Legislative Update Maureen McGee, Of Counsel, Tonkon Torp Outline

• The Oregon Legislature, a primer: a quick review of the composition, structure, and leadership history of the Oregon Legislature, with a specific focus on the 2022 short legislative session • Legislative issues of interest to OADC during the 2022 short legislative session o SB 1581 – Judicial salaries o HB 4002 – agricultural overtime o SB 1586 – Non-Disclosure Agreements o SB 1515 – paid family and medical leave updates • The legislative interim/uncertainties heading into the 2022 election • 2022 election results and potential policy and political implications of results • Potential legislative issues of interest to OADC going into the 2023 long legislative session

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR CLE MATERIALS Lunch with Featured Speaker, The Honorable Judith Matarazzo The New Normal? Litigating and Trying Cases in a “COVID-variant” World PRESENTED BY The Honorable Judith Matarazzo November 18, 2022 12:00 – 1:00 pm The Benson Hotel, Portland, Oregon 38

The Honorable Judith Matarazzo

Judge Judith Matarazzo was elected to the Circuit Court in 2006. Prior to serving as a Judge she was in private practice in Portland, Oregon specializing in the area of personal injury and medical malpractice. She also served frequently as a mediator and arbitrator. Judge Matarazzo served on the Oregon State Bar Disciplinary Board, Oregon Trial Lawyers Board of Directors as well as the Oregon Law Institute Board of Directors.

While on the bench, she has served on the Multnomah County Civil Case Management Committee, Jury Orientation Committee, Gus Solomon Inn of Court, Judicial Conduct Committee in addition to teaching a Trial Practice Class at Lewis and Clark Law School. Judith is active in the community and has sat on the board of the following Organizations: Oregon Society of Artists Child Care Aware of America Colonial Dames of America, Oregon Chapter American Heart Association, Gala Chair Bosco-Milligan Foundation, Auction Chair Salvation Army Capital Campaign Cabinet Trinity Episcopal Cathedral Oregon Law Institute/Lewis and Clark Law School Oregon Trial Lawyers Association Board Triangle Lake Camp and Conference Center

A native of Nashville, TN, she is married to an attorney and is the mother of one adult child. In her spare time, she can be found in the kitchen, where she enjoys cooking and entertaining.

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CIVIL TRIALS IN MULTNOMAH COUNTY Judge Judith H. Matarazzo Multnomah County Circuit Court November 18, 2022 I.

Resources

Recommended Prac,ces for Civil Jury Trials in Multnomah County Circuit Court, available at h?p://www.mbabar.org/assets/documents/courts/civiljurytrialreport.pdf II.

Best Prac;ces

Daily Trial Call Docket 9:00 am in Presiding A. All a?orneys must report in person, if you are unable to appear have another a?orney report for you.

B. If you are reporJng ready for your hearing or trial, you may report in advance to Presiding per SLR 7.055(8)(b).

C. If you are not ready for trial, do not wait unJl Call to announce you need a postponement. Use the sJpulated Postponement Form, come to Exparte, or schedule a Trial Scheduling Conference through the Presiding Clerks to request a postponement.

D. If you are sent out for trial and the lawyers request a set-over, they must return to Presiding court.

ExParte at 10:30 and 1:30 A. A?orneys should make sure they appear with the paperwork or, if they plan to appear remote, have emailed their documents to Mul.Presiding@ojd.state.or.us at least 24 hours before they intend to appear.

B. Civil a?orneys may prefer to a?end 1:30 ExParte as the morning ExParte may be delayed due to lengthy morning dockets.

C. If you have a disputed ma?er, please wait unJl the end of Ex Parte.

D. If your ma?er involved a great deal of material (i.e., TROs), please make sure it is sent in advance to Presiding. If materials are not sent in advance, the ma?er may have to be postponed allowing the judge Jme to read the material.

E. MoJons for a Si_ng Judge to hear a moJon for Summary Judgment will be heard at Ex Parte, and if granted, the parJes will be asked to contact Judge Marshall for 1 40

assignment. Once all parJes have filed an appearance and a moJon is filed, the civil department will assign a moJon judge within 10 days. If the case is not at issue and a moJon judge is needed the parJes may seek appointment of a moJons judge at Ex Parte.

Civil Scheduling Conferences A. Scheduling Conferences are set with the Presiding Judge on Wednesday abernoons between 2:00-4:00 pm and are set in 10-minute increments.

B. Scheduling Conferences will address requests for Complex designaJon or contested trial set over requests. Requests for contested abatements may also be set for a Scheduling Conference so long as the parJes can make their arguments in 10 minutes or less. If a longer period is needed, parJes need to file a MoJon for Abatement and schedule a hearing with their moJons judge.

C. To set a conference, parJes must contact Presiding to get available dates and Jmes.

ParJes must then confer with all sides on an agreeable date and Jme and return to Presiding to schedule.

D. Complex Case Assignments need to be requested as soon as the case becomes at issue. What cases are likely to be given Complex Case DesignaJon

Civil Trial Dates A. Beginning in September, all civil cases, where all parJes have filed an appearance making the case at issue will receive a form and instrucJons from the court advising them to talk with opposing counsel and find a trial date within certain parameters.

B. The form must be filed out and submi?ed to the court within 35 days. If a date cannot be agreed upon, counsel is to contact Presiding Court (MUL.Presiding@ojd.state.or.us or 971-274-0660) to request a scheduling conference.

C. If the trial date submi?ed is denied the case will be placed on a Trial Scheduling Docket. These dockets are held on Tuesday and Thursday at 2:00 PM. D. If no acJon is taken, a 30 noJce of dismissal will be sent.

Medical Malprac;ce Docket 2 41

Trials in the new Courthouse A. Counsel Tables and Chairs B. IT and Available Technology C. Witness Box LocaJon D. Juries E. Use of Juror QuesJonnaires F. SJpulaJons to remote tesJmony Remote Hearing PJO

QUESTIONS

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR CLE MATERIALS Navigating the OEC 104 Evidentiary Hearing With Confidence

PRESENTED BY The Honorable Katherine von Ter Stegge & Mike Shin, Deputy General Counsel, TriMet

November 18, 2022 1:15 – 2:15 pm The Benson Hotel, Portland, Oregon 43

The Honorable Katherine von Ter Stegge

Hon. Katharine von Ter Stegge was appointed a Multnomah County Circuit Court in 2017.

She previously worked in the Multnomah County Attorney’s Office, was a trial attorney at the Oregon Department of Justice and as a prosecutor in the Multnomah County District Attorney’s Office. She began her career as a law clerk for a federal judge in West Virginia. She is a graduate of the University of Virginia and the University of Virginia School of Law. She is a member of the Oregon State Bar’s Board of Governors.

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Mike Shin, Deputy General Counsel, TriMet

Mike Shin Bio

Mike is Senior Deputy General Counsel at TriMet, where he represents the agency in civil li;ga;on and related ma>ers. At TriMet, he has handled mul;ple state jury trials and court-annexed arbitra;ons and frequently par;cipates in media;ons. Prior to joining TriMet, Mike worked in the Appellate Division of the Oregon Department of Jus;ce and held a variety of posi;ons in government agencies in both civil and criminal law and also worked for a civil li;ga;on firm.

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OADC Fall Seminar November 18, 2022 The Nuts and Bolts (and Monkey Wrenches) of OEC 104 Hearings Judge Katharine von Ter Stegge & Mike Shin I.

Mechanics of OEC 104 a. Gatekeeping FuncKon b. Burden •

Proponent of evidence generally has the burden of establishing the factual prerequisites for admissibility - State v. Arellano, 149 Or App. 86, 90 (1997)

c. Standard of Proof •

Preponderance of the Evidence - State v. Carlson, 311 Or 201 (1991)

d. Rules of Evidence •

Court not bound by OEC for factual issues, except for privilege

e. UlKmate DeterminaKon of Factual Issues for Jury f.

CondiKonal Relevance – OEC 104(2)

g. Hearings II.

Common Issues a. AuthenKcity/FoundaKon b. Hearsay c. Relevance, OEC 403 d. ScienKfic TesKmony (Brown/O’Key hearing) e. Expert TesKmony (OEC 702) f.

Prior Acts Evidence

g. Expert QualificaKons h. Applicability/Waiver of Privilege III.

OEC 104 v. MoKons in limine

IV.

Recent Cases

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V.

PreservaKon Issues a. Standard of Review •

VI.

Trial court rulings reviewed for errors of law - State v. Rogers, 330 Or 282, 313 (2000) (“[T]his court reviews the record to determine whether any evidence supports the trial court's ruling.”)

PracKcal Tips & Common Piialls

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR CLE MATERIALS Extinguishing Burnout: How to Foster Engagement in the Legal Profession

PRESENTED BY Kyra Hazilla, Director, OAAP & Hong Dao, Director, PLF-Practice Management Assistance Program (PMAP)

November 18, 2022 2:30 – 3:30 pm The Benson Hotel, Portland, Oregon 48

Speaker BioƐ

Kyra Hazilla, Director, OAAP

Speaker BioƐ

Kyra M. Hazilla, JD, LCSW, is the director and an attorney counselor with the Oregon Attorney Assistance Program (OAAP). In her legal career, Kyra was primarily a public defender practicing juvenile law.

Kyra is a 2006 graduate of the University of Michigan Law School Kyra M. Hazilla, JD, LCSW, is the director and an attorney counselor (JD) and School of Social Work (MSW), and studied psychology and with the Oregon Attorney Assistance Program (OAAP). In her legal music at Vassar College (BA, 2002). She was a public defender career, Kyra was primarily a public defender practicing juvenile law. practicing juvenile law for most of her legal career, advocating for Kyra is a 2006 graduate of the University of Michigan Law School children and families struggling with myriad challenges. She is a (JD) and School of Social Work (MSW), and studied psychology and trained counselor having completed more than 3,500 postgraduate music at Vassar College (BA, 2002). She was a public defender social service hours, whose experience includes crisis intervention, practicing juvenile law for most of her legal career, advocating for working with victims of sexual assault, drug and alcohol dependency, and many years helping children and families struggling with myriad challenges. She is a survivors of interpersonal violence and their children. kyrah@oaap.org | 503Ͳ226Ͳ1057, ext. 13 trained counselor having completed more than 3,500 postgraduate social service hours, whose experience includes crisis intervention, working with victims of sexual assault, drug and alcohol dependency, and many years helping survivors of interpersonal violence and their children. kyrah@oaap.org | 503Ͳ226Ͳ1057, ext. 13 Hong Dao is the director and a practice management attorney

Hong Dao, Director,with ƚŚĞ Practice Management Assistance Program (PMAP) at the PLF-Practice Management Assistance Program (PMAP) Oregon State Bar Professional Liability Fund. She and her team

provide confidential practice management advice and education Hong Dao is the director and a practice management attorney to Oregon attorneys to help them manage their malpractice risk. with ƚŚĞ Practice Management Assistance Program (PMAP) at the Ms. Dao came to the U.S. from Vietnam with her family as boat Oregon State Bar Professional Liability Fund. She and her team refugees after the Vietnam War and started a new chapter in their provide confidential practice management advice and education lives in Colorado. She received a B.A. from the University of to Oregon attorneys to help them manage their malpractice risk.

Denver and her J.D. from Drake University Law School. Before Ms. Dao came to the U.S. from Vietnam with her family as boat joining the PLF in 2014, Ms. Dao worked as a staff attorney at the refugees after the Vietnam War and started a new chapter in their Oregon Law Center, representing, advising, and advocating for clients in employment, housing lives in Colorado. She received a B.A. from the University of and consumer law matters, and presenting community education programs. Prior to that, she Denver and her J.D. from Drake University Law School. Before worked as a contractor with the Criminal Division of the U.S. Attorney’s Office in Oregon. She joining the PLF in 2014, Ms. Dao worked as a staff attorney at the has been an adjunct instructor of business law at Portland Community College since 2012.

Oregon Law Center, representing, advising, and advocating for clients in employment, housing hongd@osbplf.org |503Ͳ726Ͳ1467 and consumer law matters, and presenting community education programs. Prior to that, she worked as a contractor with the Criminal Division of the U.S. Attorney’s Office in Oregon. She has been an adjunct instructor of business law at Portland Community College since 2012. hongd@osbplf.org |503Ͳ726Ͳ1467

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Title: Ex%nguishing Burnout: How to Foster Engagement in the Legal profession Descrip+on: Burnout has long been an issue for us in the legal community. With long hours, heavy caseloads, and other problema%c aspects of legal culture contribu%ng to high rates of burnout before the pandemic, the past two years have seen burnout increase to record levels. In this CLE, Kyra Hazilla from the Oregon AHorney Assistance Program and Hong Dao from PLF Prac%ce Management Assistance Program will discuss what is driving burnout, its impact, and what we can do individually and organiza%onally to spark change. Lawyers who aHend will gain an increased understanding of burnout and learn about prac%cal %ps and strategies that individuals and firms can implement to mi%gate and prevent burnout.

Speakers: Kyra Hazilla and Hong Dao Date/+me: Friday, November 18, 2022 MCLE Credits: 1 hour MHSU and .5 H Prac%cal Skills Speaker Bios: Kyra M. Hazilla, JD, LCSW, CCTP, is an aHorney counselor with the Oregon AHorney Assistance Program (OAAP), and the legal director for CASA for Children. Kyra is a 2006 graduate of the University of Michigan Law School (JD) and School of Social Work (MSW), and studied psychology and music at Vassar College (BA, 2002). She was a public defender prac%cing juvenile law for most of her legal career, advoca%ng for children and families struggling with myriad challenges. She is a trained counselor having completed more than 3,500 postgraduate social service hours, whose experience includes crisis interven%on, working with vic%ms of sexual assault, drug and alcohol dependency, and many years helping domes%c violence survivors and their children.

Hong Dao is the Director of Prac%ce Management Assistance Program (PMAP) at the Oregon State Bar Professional Liability Fund. She leads a team of Prac%ce Management AHorneys who provide confiden%al prac%ce management advice and educa%on to Oregon aHorneys to help them manage their malprac%ce risk. She received a B.A. from the University of Denver and her J.D. from Drake University Law School. Before joining the PLF in 2014, Ms. Dao worked as a staff aHorney at the Oregon Law Center, represen%ng, advising, and advoca%ng for clients in employment, housing and consumer law maHers, and presen%ng community educa%on programs. Prior to that, she worked as a contractor with the Criminal Division of the U.S. AHorney’s Office in Oregon. She has been an adjunct instructor of business law at Portland Community College since 2012.

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Outline and contents • Introduc%on: Burnout is pervasive - legal culture, organiza%onal culture, personal habits • What burnout is and isn’t • Burnout symptoms • Myths about burnout • Top reasons for work-related burnout ▪ From Maslach Burnout Inventory: • Common Individual traits that tend to cause burnout • Organiza%onal factors that contribute to burnout: • 2020 research from HBR on burnout • 2021 research on legal community and burnout • Why burnout is bad f • Mental health perspec%ve • Prac%ce management perspec%ve • What can be done (%ps and strategies): • Solos:

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Issues: Heavy caseloads, demanding clients, %ght deadlines, repe%%ve work Tips: ▪ Use legal technology ▪ Learn to delegate ▪ Have good rela%onships with staff ▪ Create bonds with other solos ▪ Focus on business development ▪ Take mini vaca%on ▪ BE good boss to yourself ▪ Find a therapist ▪ Know when to hire or contract out for addi%onal help Individuals in firms: • Op%ons: • Set boundaries • Job crading • Find support/community • Advocate for self • Manage stress • Find a therapist Firm-wide • Good culture = leadership + people + policy • Focus on leadership ▪ Brain-based leadership ▪ SCARF leadership ▪ Servant leadership • Focus on people ▪ Reassess workload ▪ Empower employees ▪ Make recogni%on a rou%ne ▪ Encourage connec%ons among colleagues • BeHer policies ▪ Have firm-wide values ▪ Beef up HR ▪ Smart budge%ng • •

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OADC Oregon Association of Defense Counsel

2022 FALL SEMINAR NOVEMBER 18, 2022 | 8:00 AM – 5:00 PM

Thank You to Our Sponsors

ROCKFORD I N V E S T I G AT I O N S , L LC

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TAI

TALBOTT ASSOCIATES, INC

FORENSIC & CONSULTING ENGINEERS

OADC Oregon Association of Defense Counsel

See You at the 2023 OADC Convention

JUNE 15-17 SUNRIVER, SUNRIVER OREGON

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