prez sez - clackamas county bar association · prez sez by diane rader now that spring has somewhat...
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The Bar Tab
The Bar Tab welcomes your submissions! Please send articles, photos and announcements to: [email protected].
May 2011
Prez Sez by Diane Rader
Now that Spring has somewhat sprung, hopefully bringing us more than a day or two of sunshine, it is time to get out your calendars and mark the CCBA’s upcoming events.
Each of these events are organized by dedicated and energetic members of the CCBA, as well as non-member volunteers. We do have most of the “CCBA Tsars” in place to lead the effort to ensure broad-based participation.
Last year, we were fortunate to have great participation from attorneys in the CCBA during Law Day, which actually became Law Week due to varying school schedules and availabilities. My office has expanded the number of schools and classes whose teachers are enthusiastic about this program. This event is right around the corner, so I hope those of you who have not yet had the experience of joining in the Law Day activi-ties will send an email to [email protected] to sign up today.
The annual Dale Jacobs Golf Tournament is to be held on June 3rd at Stone Creek Golf Course. Golf Tsar Larry Peterson has once again organized a great day of golf, prizes, gifts, food and refreshments. Larry pro-vides the details of how to sign up in this newsletter.
Two of our newest Tsars, Andrew Elliott and Jared Jus-tice, are leading the CCBA New Lawyer Committee. They have organized a “Meet and Greet” at The Caufield House (across the street from the courthouse) on May 19th. All are welcome, and in fact strongly encouraged, to attend and give the new lawyers an op-portunity to get acquainted with “seasoned” lawyers, as well.
Picnic Tsar Steve Kelly will once again host the CCBA Summer Picnic. Steve has generously offered his home, sprawling property on the Clackamas River and swimming pool to ensure a really great summer event.
Of course there will be more CLE’s in the fall, the Appellate Dinner and the Holiday Dinner and Dance later in the year. The CCBA membership is growing and I invite all of the members to join in recruiting others to join. CCBA Treasurer Lew Burkhart is ar-ranging for the ability to join using Pay Pal in order to make the payment process more efficient for many.
The benefits of membership are many and there is a great deal of positive energy among the members this year. Have a great May and, hopefully, we’ll get to enjoy some sunshine!
Mark Your Calendar
Law Week - First week in May (http://www.americanbar.org/groups/public_education/initiatives_awards/law_day.html).
New Member Meet & Greet - May 19, 2011, Caufield House, 5:00 p.m. - 7:00 p.m., Oregon City. Dale Jacobs Golf Tournament - June 3, 2011, Stone Creek Golf Club, Oregon City.
Appellate Court Dinner - October 13, 2011, Oswego Lake Country Club, Lake Oswego.
Holiday Dinner & Dance - December 8, 2011, Oswego Lake Country Club, Lake Oswego.
The Bar Tab - May 2011- Page 2
CCBA Newsletter
Approximately five issues of The Bar Tab are published each year. Submissions can be emailed to [email protected]. They can also be sent or given to any officer. Advertising submis-sions and inquiries can be directed to the Editor or any officer. The CCBA does not make express or implied warranties regarding the use of information contained in this newsletter.
Editor Jennifer Dalglish [email protected] (503) 655-8248
Assistant Editor Sarah Cegan [email protected] (503) 655-8248
President: Diane Rader [email protected] (503)655.7437
2010 President: Dave Paul [email protected] (503) 655-8431
Vice President: Samantha Hazel [email protected] (503)635-8801
Secretary: Greg Oliveros [email protected]
(503) 786-3800
Treasurer: Lewis Burkhart [email protected] (503) 655-8431
CCBA Website www.clackamas-bar.org
CCBA Email Address
News and Notes
Mark your calendars for a fun and casual way to meet other lawyers in our community. On Thursday May 19th between 5:00 p.m. and 7:00 p.m. there will be a new members social at The Caufield House located above The Verdict Bar and Grill across from the courthouse. The cost is $15 per person which gets you food, a drink coupon and the opportunity to network without having to “network.” All members are welcome. New members and lawyers new to the practice will be eligible for exciting door prizes, such as CCBA ball caps.
New CCBA Member Meet and Greet
by Andy Elliot
CCBA Website Redesign
by Matt Lyon In the next few weeks we will be launching a newly designed website. Dan Gilroy, Web Designer, has worked closely with the members of the CCBA Website Committee to give us a new and improved Internet presence. The website has links to news and events, a more visible attorney finder, and features the Clackamas County Bar Association Oral History Project. The website will still be located at http://www.clackamas-bar.org/. If you have any comments or suggestions to improve the website send them to me at: [email protected].
Clackamas County Bar Association now has a Facebook site. The site will include pictures of past and future events, announcements of events to come, and other information about the Clackamas County Bar Association. To join please follow this link http://www.facebook.com/pages/Clackamas-County-Bar-Association/165622606791985, or simply look it up on the web. For any questions, comments, or concerns regarding the Facebook site or if you would like to add something such as pictures, an upcoming event, or any news please feel free to email Jared Justice at [email protected].
Join the CCBA Facebook Site
by Jared Justice
The Bar Tab - May 2011 - Page 3
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• Over 20 Years Judicial Experience.
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111 Ogden Drive
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503‐459‐2565
The Bar Tab - May 2011- Page 4
Getting Smarter - CLE Series by Bill Knox
On April 7, 2011, the Clackamas County Bar hosted another outstanding CLE in its Get Smart series entitled, “YOU GOT IT, NOW GET IT.” As with similar CCBA CLEs, this event was well-attended, probably because of the hosted happy hour - light hors d’oeuvres and “chilled beverages” - that followed presentations. The afternoon began with a dynamic presentation from Pete Diamond and Anna McCormack of Warren Allen on the topic of setting up and defending ORCP 68 attorney fee submissions. The attendees were then treated with insightful information from Michelle Bodenheimer of Sussman Shank about how to run down the elusive defendant’s
dollars. Finally, the Grande Dame of the Clackamas County District Attorney’s office, Carol Anne McFarland, shared special strategies and tools available to liberate reluctant child support obligors of their excess cash. All in all, a good time was had by all. Topics the CLE committee are considering for the next presentation – “Learning to Reduce Overused Clichés.”
Attorney Volunteers Needed for Law Day by Angela Clayton Law Day is upon us! As we continue our daily “grind”, it is easy to forget how we came to our pro-fession. It may have been a family trade or we may have seen a show on television. Surely, some of you had dreams of becoming Perry Mason or Ally McBeal when you grew up. It may have even been that this dream was sparked by a visit from a professional to your school.
Now is your chance to jump in and pay it for-ward. You can be the spark that ignites the drive in our future. Join us for CCBA Law Day (which is fast becoming “Law Month”, for us, this year due to the great interest). Attorney volunteers are needed. We will help provide an outline for discussion and some items to take and distribute to students. This year’s theme is “The Legacy of John Adams, from Boston to Guantanamo” which will highlight our nation’s first lawyer-president. We encourage you to participate in teams or solo. Contact Angela Clayton at 503-655-7437 or email at [email protected] or [email protected].
Please let us know if you are interested in volunteering
at a particular school:
• INEZ WOOD MIDDLE SCHOOL - WILSON-VILLE, details TBA
• ROCK CREEK MIDDLE SCHOOL - 5 classes, May 13
Period 1 - 9:30 - 10:30 Period 2 - 10:34 - 11:30 Period 3 - 11:34 - 12:31 Lunch from 12:31 - 1:01 Period 4 - 1:05 - 2:01 Period 5 - 2:05 - 3:01
AND AN ADDITIONAL 3 classes TBA.
• WALUGA JR. HIGH - LAKE OSWEGO 3rd week of May with 95 minute block periods - 2 classes, details TBA.
• MOLALLA ELEMENTARY AND RURAL DELL ELEMENTARY IN MOLALLA - TBA
The Bar Tab - May 2011 - Page 5
Law Library News Alden E. Miller Law Library of Clackamas County
821 Main Street
Mailing: 821 Main St., Room 101
Oregon City, Oregon 97045
(503) 655-8248, [email protected]
www.co.clackamas.or.us/lawlibrary
Shelf Life
Please stop by or send me an email if you would like to try to help support public law libraries in Oregon during this legislative session.
- Jennifer
New Materials In the last issue of The Bar Tab, I wrote about our new copy and print machine. Since then, we’ve had a lot of requests for information on how to print remotely. Yes, it is true! You can send a print request to our new ma-chine from your office computer before you head down to the courthouse, from your phone while you’re stand-ing in line across the street at Coffee Rush, or from your laptop while you’re in a hearing. Basically, you can send a document to be printed and picked up here from anywhere. Due to the number of inquiries regarding this new service, I’m including step-by-step instructions, here:
Step 1: Send an email with the attachment to be printed to [email protected].
Step 2: You will receive a “Privacy Release Code” via email.
Step 3: Go to the print machine at the Clackamas County Law Library.
Step 4: Press the button to the left of the screen labeled Document Server” with the two red arrows by it.
Step 5: Press the white box on the screen under the words “Privacy Release Code” and enter your code. Press “OK”. Touch “Find.”.
Step 6: Your print request will show up on the screen as one line item for the email and one line item for the attachment. The item on top is the attachment. Select the item to print by touching the box next to it. Touch “Print” in the lower left-hand corner of the screen.
Step 7: Touch “Logout”.
Step 8: Press the button to the left of the screen labeled “Copy”.
Step 9: Pay for your print request.
Books: Administrative Law 2011 w/binders Appeal & Review 2011 Corpus Juris Secundum v.17-17B and2011 Interim Index Court of Appeals v. 238 Criminal Code of Oregon Federal Hiring, Firing, Discipline for Employers Federal Practice and Procedure 4th v. 14AA, 14A vol & Supp Google for Lawyers McQuillin Law of Municipal Corporations 3d v. A 2011 Model Policies and Forms for Oregon Employees Oregon Human Resources Manual Oregon Laws 2009 Oregon Laws Special Session 2010 Oregon Revised Statutes Annotated, v.29, v. 29A, v. 36, v. 36A Pacific Reporter v. 241-243 Practical Guide to Oregon Criminal Procedure & Practice 2011 Understanding Oregon's Gun Laws Uniform Commercial Code Case Digest v. 27 United States Code Annotated T26 (165-200) Wages and Hours: An Employer’s Guide Workplace Safety and Health Compliance Manual CLEs: Representing Family and Closely-Held Businesses Jury Trials Advanced Mediation Strategies for the Litigator A Day with the Oregon Court of Appeals Moving Your Discovery Practice from Dial-Up to Broadband ABC's of Decedents' Estate Administration Updates: Child Custody and Visitation Rel. #A54 Collier on Bankruptcy Rel. #117 w/binders Complete Guide to Limited Liability Companies Rel. #13 w/CD Criminal Evidence Foundations 2011 Supp. Entrapment Defense 2011 Supp. Federal Jury Practice and Instructions Civil & Criminal v1-3C 5th 2011 Supp. Handling Criminal Appeals 2011 Supp. Immigration Law and Defense 3d Rel. #19 Oregon Uniform Jury Instructions Criminal 2010 Supp. w/FOD
The Bar Tab - May 2011 - Page 6
Profile: Greg Oliveros
by Angela Clayton 1. What drew you to the practice of law?
In 1971, my college adviser was then Senator Betty Roberts. I thought about going to law school in 1973, but (Judge) Roberts thought it favorable to be a school teacher. In 1987, I decided to leave my career as a school administrator to go to law school. I thought then that practicing law was an honorable calling. 2. How did you end up practicing law in Clacka-mas County?
About 13 years ago, I opened a satellite office on Sun-nyside Road. Five years ago, I moved the entire firm to its current location. Very early on, I enjoyed my contacts with the Courts and lawyers in Clackamas County. 3. How long have you been an attorney? What other kind of work have you done?
I have been practicing law since 1991. I taught school beginning in 1973. I worked in Nordstrom in sales part time for about 15 years. 4. In what area (s) of law do you practice?
Primarily, family law, criminal defense, and some civil litigation. 5. What is your edu-cational back-ground? How do you feel it prepared you for the work you do now?
I hold, other than my JD, 2 Masters degrees and a Bachelors de-gree all in education. As a former school
teacher, learning has always been important to me. 6. What aspects of your work do you en-joy the most? And the least?
I enjoy working with new and different cli-ents; I do not enjoy working with difficult and experi-enced lawyers. 7. What have you learned about being an attorney that you did not expect?
I did not expect the highs could be so high and the lows could be so low. 8. What advice would you give to new attorneys, or attorney hopefuls?
I would tell them to be humble, patient and graceful in their interactions with attorneys. 9. What do you hope, or expect to be doing with your career five years from now?
Five years from now I expect that our firm (five law-yers) will become slightly larger and better. 10. Who is your favorite CCBA member and why?
My favorite CCBA member is Ron Hergert. Ron is gracious under any and all circumstances. I have known Ron since I was a teenager, which is amazing because I am almost 60. Most recently, we were on opposite sides of a very difficult domestic relations case. He was gracious throughout even though his client unmercifully wore him out. He is a gentleman and an exceptional lawyer.
The Bar Tab - May 2011 - Page 7
The Skipper Looks to Defend Title After a year of incinerating randomly overturned cars in an orgy of celebratory mayhem, Scott “The Skip-per” Healy and team members Steve Mygrant, Bill Golden, and Brett Johnson will defend last year’s stunning title win at Stone Creek Golf Club for the Dale Jacobs/US Bank CCBA Open on June 3, 2011 against all comers. This year’s field welcomes some of the best remem-bered and hot new players the Clackamas County Bar has to offer. Veteran titlists the Honorables Steve Maurer, Jeff Jones, Ken Stewart and Prof. Larry Wobbrock have promised to return to the winners circle “by any means necessary.” Long-time winners Mickey “Don’t bother me I’m retired” Morey and Bob “The Machine” Barsocchini have committed to hold the coveted Purple Urn at the end of the day. Lisa Almasy-Miller issued an ultimatum that the Clackamas OWLS will be well-represented and
promised that the Urn will be engraved with at least one of its members name when the dust settles. Her training regimen includes a day-long--swing ‘til the blisters pop-- range lesson, kinetic response exercises and an OWLS exclusive wine mixer. Mark your calendars early, dust off the winter moss and be sure to attend the CCBA DJ Open on June 3, 2011 with range time at 12:00, shotgun start at 1:30 with dinner and many awards following at the beauti-ful Stone Creek Golf Club in Oregon City with the recession busting cost of only $85.00. Let’s set a re-cord attendance. Si se puede! - Hootie, CCBA
The Bar Tab - May 2011 - Page 8
Want to brush up on your Spanish?
A small group meets with a Spanish tutor at 12:15pm on the first Monday of each month at Cypress in Oregon City (820 Main Street, Oregon City, (503) 387-5914). Cost is $5 (cost does not include lunch). Come join us for casual Spanish conversation. For more information, contact An-gela Laidlaw at [email protected].
The Bar Tab - May 2011 - Page 9
The Bar Tab - May 2011 - Page 10
Clackamas County Bar Softball
by Matt Lyon For those who are not aware, Clackamas County Bar has a softball team. Last season we defeated Ater Wynne, Gevurtz Menashe, Bullivant, Brownstein Rask, and the Multnomah County District Attorney’s office as we swept through regular season. The only loss came at the hands of Tonkin Torp in a close game. We moved into the playoffs where we crushed Hoffman Hart, prevailed in our second round game, and went into a semifinal match against Brownstein Rask. In the semi-final match, team captain and Clackamas County Bar Softball stalwart Scott Healy went down with a leg injury and with the injury, our season. It was a great time with exciting moments such as the aforementioned Healy’s diving, twisting catch in the
first game and I some-how beat out an infield hit to first base. The Dis-trict Attorney’s office was well represented this year with Scott Healy, Ryan Chiotti, Matt Semritc, Lewis Burkhart, Bill Golden, Jeremy Morrow, Rose Gibson, Susie Dolberg, Travis Smith, and Brian Censoni playing. The ageless wonder Len Kovac graced us with his presence for 2 games. Myself, Damien Hall, Craig Dorsey, Gavin Bruce, and Fred Schroeder rounded it out. The games are played weeknights starting the last week in June and continuing through the first week in August. If you are interested in playing this year, let me know. [email protected].
“EXPERIENCE THAT COUNTS”
♦ Civil Litigator from 1983-2009
♦13 years representing plaintiffs
♦13 years representing defendants
♦ Part-time neutral since 1990; full-time since 2009
♦ Multnomah County Arbitration Commission since 2004
♦ Sole/swing arbitrator of 100s of PI cases and mediator of both civil and
family law disputes
[email protected] www.MillerMediationArbitration.com
503-805-6988 (phone)
503-658-7394 (fax)
The Bar Tab - May 2011 - Page 11
MEDIATION SERVICES
ROBERT R. SELANDER 21 Judicial Experience
Experience ~ Integrity
P.O. Box 2022, Lake Oswego, OR 97035 (503) 313-3652
Fee Deferral/Waiver Misconceptions
By Jack Lundeen The Honorable Deanne Darling noted some anomalies in practitioner’s understanding of how fee deferrals and waivers work...and don’t. This gets particularly challenging when the practitioner is up at the Juvenile Court for a family law hearing only to discover that the anticipated Fee Deferral or Waiver isn’t working. Following, you will find a little memo she prepared on Fee Deferral/Waiver which is intended to minimize embarrassment.
Fee Deferral/Waiver
There appears to be a little confusion about the dis-tinction between and the application for Fee Deferrals and Fee Waivers. The following is an illustrative primer:
Deferral - putting off payment until later.
Waiver - You don’t owe the fee.
A request for a “waiver” is event specific - not case specific. The granting of a waiver is not a waiver of all fees ever on the case. A waiver of one fee is not a waiver of every other fee. A new waiver application is required for each event.
For example:
1/1/11 Petition filed - fee waiver applied for and granted.
2/10/11 Order of default - no fee due.
2/15/11 Order to show cause-new filing and order fee unless waiver of THIS fee is applied for and received. This is a new event.
3/10/11 Order to show cause hearing - hearing fee due unless new application and new waiver.
6/1/11 Trial-trial fee not waived just because prior fees waived. This is a new event and requires new application and waiver.
A judge can grant 10 day deferrals (at hearings/events) to allow the person to seek the waiver. If waiver is not applied for and not granted, judgment to the state will be entered after the 10 days, and it is now too late to get a waiver.
Announcements & Advertisements
c/o Clack. Co. Law Library 821 Main St., Room 101 Oregon City, OR 97045 www.clackamas-bar.org
OREGON CITY OFFICE - John Henry Hingson III has an office available in his building at 409 Center St., Oregon City. Close to elevator; off-street parking; law library, conference room; share copier, fax., etc. with three other lawyers. (503) 656-0355.
JULY 30TH FIRST CITY CELEBRATION AD OPPORTUNITY - Oregon City’s events bring thousands (more than 3000 visitors) to downtown Oregon City every summer - a great way to I ntroduce your business to potential customers. Our summer events, like the July 30th First City Celebration, are planned and produced by volunteers, and funded by grants or sponsorships. We will market this event through more than $7000 of advertising and publicity. If you are interested in promoting your business or company name through a sponsorship opportunity with the July 30th First City Celebration please contact:
Lloyd Purdy, Executive Director, Non-Profit Main Street Oregon City. 503.522.1564 [email protected].