Three-Peat! - Clark County Bar Association

Transcription

CLARK COUNTY BAR ASSOCIATION
500 W. 8th Street, Suite 65
Vancouver, WA 98660
PRSRT STD
U.S. POSTAGE
PAID
VANCOUVER, WA
PERMIT NO. 620
ccbawashington.org
SEPTEMBER 2013
O F F I C I A L N E W S L E T T E R O F T H E C L A R K CO U N T Y B A R A S S O C I AT I O N
Three-Peat!
page 5
Advertise in HEARSAY
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THIS MONTH’S ISSUE
2013 CCBA OFFICERS & TRUSTEES
President’s Message ............................................................................3
Senior Lawyers Three-peat; 70 year-old MVP......................................5
CLE: LAW FIRM PARTNER COMPENSATION SYSTEMS: ..................7
CCBA Board Meeting Minutes ..............................................................9
CLE Calendar ......................................................................................10
Young Lawyers’ Section......................................................................11
Family Law Section ............................................................................13
Nuts and Bolts Lecture: Representing Vulnerable Adults ..................15
Calling All Justice Seekers ..................................................................17
Loowit Brewing Company Tempts the Bar ........................................18
Hearsay Profile: Tim Dack ..................................................................19
April Title 11 GAL Training ..................................................................20
Double Hearsay ..................................................................................21
Law Library Spotlight on Business ....................................................22
CCBA Membership Renewal Reminder..............................................23
Clark County Volunteer Lawyers’ Program ........................................24
News You Can Use..............................................................................25
Attorney Bookkeeping Tips ................................................................25
Law Library News................................................................................25
Legally Drawn......................................................................................25
SW Washington Lawyer Referral Service ..........................................26
Events Calendar ..................................................................................26
ACTING PRESIDENT
Jane Clark
(360) 859-3823
[email protected]
IMMEDIATE PAST PRESIDENT
John Fairgrieve
(360) 397-2261
[email protected]
VLP REPRESENTATIVE
Le Ann Larson
(360) 397-2265
[email protected]
TREASURER
J.D. Nellor
(360) 695-8181
[email protected]
TRUSTEE
Jill Sasser
(360) 816-2534
[email protected]
OFFICE MANAGER
Lisa Darco
(360) 695-5975
[email protected]
SECRETARY
Arin Dunn
(360) 737-6793
[email protected]
TRUSTEE
Rick McLeod
503-595-5300
[email protected]
MEMBER SERVICES
Heather Norton
(360) 695-5975
[email protected]
HEARSAY is published 12 times per year and is design edited by: GOUGH CREATIVE GROUP
JEFF GOUGH, Creative Director • 360-818-4GCG • [email protected]
TRUSTEE
Laura Mancuso
(360) 695-7909
[email protected]
An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $48.00. Letters, news items, upcoming events and announcements
are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at
the editor’s discretion and space available. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.
CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.
specializing in
BANKRUPTCY
CONSUMER BANKRUPTCY - CHAPTER 7 & 13
HENDERSON
LAW FIRM, PLLC
360.737.1478
[email protected]
MARK A.CARTER
L A W
O F F I C E
Serving Washington
State and Federal Court
for 19 Years
694-8955
MEDICAL NEGLIGENCE
PERSONAL INJURY • WRONGFUL DEATH
Representative Jury Verdicts and Settlements:
Failure to diagnose brain tumor — $4.5 million
Obstetrics malpractice — $3.5 million
Trampoline accident — $1 million
Electrocution at work -- $900,000
Motorcycle collision -- $500,000
Rear end MVC. Soft tissue injury -- $230,000
markcarterlaw.com
Available for referral or association
on serious injury, wrongful death and
medical negligence cases.
2414 M AIN S TREET • V ANCOUVER , WA 98660
PRESIDENT’S MESSAGE
UPCOMING EVENTS
JANE CLARK
CCBA Acting President
MEETING
September 25, 2013
CLE Committee Meeting
CCBA Office - Noon
MEETING
October 2, 2013
CCBA Board Meeting
CCBA Office - Noon
MEETING
October 8, 2013
Superior Court Bench/Bar
Clark County Courthouse - Noon
CLE
SOCIAL
October 8, 2013
YLS CLE
Public Service Center Noon - 1:00pm
CLE
October 10, 2013
YLS Happy Hour
Location TBD 5:00pm
MEETING
October 9, 2013
Nuts & Bolts CLE: Representing
Vulnerable Adults
Red Lion at the Quay 3:00pm - 5:00pm
CLE
October 10, 2013
Family Law Section Lunch & CLE
Vancouver Hilton - 11:30am
October 16, 2013
Hearsay Editorial Board Meeting
CCBA Office - Noon
CLE
October 21, 2013
Brown Bag CLE: Law Firm Partner Compensation Systems: How to Split the
Profit Pie
SW WASHINGTON LAWYER
REFERRAL SERVICE
The CCBA’s Lawyer Referral Service is a program designed to
help the general public find attorneys appropriate for their needs,
while at the same time providing a source of new client business
exclusively to our members.
To participate, members pay a small one-time annual fee.
(The service is free to the public.) For more information,
call the CCBA at 360-695-5975.
THE SWLRS REFERRED 181 CLIENTS
IN THE MONTH OF AUGUST
Administrative Law ..............................................................3
Bankruptcy............................................................................3
Business & Corp ..................................................................2
Consumer ..........................................................................18
Criminal ..............................................................................12
Debtor/Creditor ....................................................................5
Family Law..........................................................................39
General Litigation................................................................20
Labor & Employment ............................................................8
Real Property ......................................................................25
Taxation ................................................................................1
Wills & Trusts ....................................................................15
Worker’s Comp ....................................................................6
26
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based in Vancouver, Washington.
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Fraud Examination
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Onsite CLE Programs
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-Steven Ungar, Esq, Lane Powell
Tiffany R. Couch, CPA/CFF, CFE
360.573.5158
www.acuityforensics.com
I never thought that I
would be relieved that my
son had broken his arm but
I was. Having watched my
11 year old fall 8 feet from a
rock wall at a bouldering
gym the first thing that
went through my head was
“Is he paralyzed, can he
move?” followed by “Is he
conscious, did he hit his
head”. I felt surprisingly
“happy” when he sat up,
pointed to his arm that was
not bent in the right direction and told me “I think I
broke my arm mom!”
In my line of work I meet
lots of people who have bad
injuries and experience
many hardships and obstacles in their lives. I always
admire people who make the
best of things. I believe that
juries do too, and are far
more likely to award compensation to someone who
tries to overcome their hardships and make the best of
things than they are to a
“complainer”. Let’s face it,
no matter how bad things
are, we should remember
that there are always people
less fortunate than us.
Children are remarkably resilient
and quite simply make the best of
things. Noah has learned to do
things with his left arm and has
remained amazingly independent
over the last 4 weeks since it happened, requiring very little
assistance from me. I am sure I
would have been more of a “baby”. I
have tried to learn a lesson from him
to take what life throws at you and
make the best of things.
“Young lawyers” should bear all this in mind as you face defeat
by the “not so young” lawyers on Sunday September 8 at our
annual softball game. Everyone is welcome - come and support
your team even if you are not inspired (or picked) to play! Personally there is no way I will admit to being eligible to play on
the “not so young lawyers” team and I am pretty sure that with
my lack of experience in American sports, Judge Stahnke would
not pick me but I can cheer on the teams and hope to see many
of my friends there.
As we move into fall our CLE program is starting up again and
we have a great program lined up for you starting with “A View
We just got back from a week of camping on the Olympic Penin- from the Bench” presentation by Judges Johnson and Melnick
sula. I am not entirely sure why I had been confident that the
following our General Meeting on September 18 at the Red
weather in August would be fine and sunny. It is after all a rain for- Lion at the Quay. I hope to see as many of you as possible at that
est and, true to its name, it rained and it rained hard. At first I was meeting for election of officers, approval of our annual budget
irritated and started to second guess myself for the choice of desti- and updates from the courts and our various committees. The
nation. But then I got to thinking that camping in the rain was a
meeting will start at noon followed by the CLE at 1pm.
new experience for us and we should make the best of it. We got
drenched and we laughed. The car smelt of wet dog but we have
Quote of the month:
great stories to tell. We figured out how to put the canopy up on
“Sunshine is delicious, rain is refreshing, wind braces us up, snow is
our trailer and were proud of ourselves for doing so.
exhilarating; there is really no such thing as bad weather, only different kinds of good weather.”
—John Ruskin
HEARSAY - SEPTEMBER 2013
3
William F. Nelson
- Baumgartner, Nelson & Wagner, PLLC -
We fielded 127 professional malpractice
inquiries in 2012. Fifty-two of those - an average
of one per week - were from people referred by
the legal community. Many of you have expressed
appreciation for the consideration we have shown
to those you have referred, and no one has
reported that a person referred did not receive a
prompt, courteous and professional response.
NEWS YOU CAN USE
LISA DARCO
CCBA Office Manager
LAW LIBRARY NEWS
If you’re unable to help a potential client, please remember to
refer them to the Southwest Washington Lawyer Referral and
not the CCBA offices. Thanks!
Southwest Washington Lawyer Referral - (360) 695-0599
ATTORNEY BOOKKEEPING TIPS
EMANUELA SANDRI
Thanks for
thinking of me
every week in 2012
Attorney Bookkeeping Services, Inc.
QUICKBOOKS 2013 — PREFERENCES
QuickBooks 2013 has been visually redesigned. If you have
worked in previous versions, you may want to change some of
the preferences noted below after installation.
The icon bar defaults to the left. Icon bar preferences are under
the View menu. When top icon bar is selected, the icons are
black and white, which may be changed to color as follows:
• Edit menu
• Preferences
• Desktop View
• Check Switch to colored icons/light background on
the Top Icon Bar
• OK
45
years of experience
New overlay tips make it easy to identify new features. If there’s
something new, What’s New shows on the screen. To see what’s
new, click on What’s New, read the tip(s) and click anywhere on
the screen to dismiss. To disable What’s New, click X. To
enable What’s New, go to Help menu and select What’s New.
The bar at the top that shows company name and the bar for the
open window default to black. To change the color:
• Edit menu
• Preferences
• Desktop View
• From the dropdown list COMPANY FILE COLOR SCHEME,
select a color. Blue-Medium may be a good one to start.
• OK
MARIA SOSNOWSKI
Law Librarian
Westlaw is available at the Law Library
Did you know that the Clark County Law Library offers free
access to Westlaw? Currently we have both the "traditional"
Westlaw which is now called Westlaw Classic, as well as the new,
more Google-like Westlaw called WestlawNext.
If you are a traditional Boolean-language searcher and are comfortable with constructing your own searches, Classic is for you.
Similarly, if you have a particular statute or case to look up, Classic usually makes that easier. With Classic, you select your
database first, and then do your search.
WestlawNext is designed to search more broadly. You can put
in your search just as if it were Google - put a phrase, term, etc
into the search box and it runs the search in multiple databases.
You do not need to pick a database first. Instead, after you run
the search there is a list of database types along the left edge
where you can narrow your search if you like.
Our subscription covers all state and federal primary law, and a
number of secondary sources.
These sources are free to use. Each person is limited to one hour
per day. Please ask Nadine or me if you have any questions.
LEGALLY DRAWN
Priorities of a demanding client.
Note: If your Icon Bar is set to the top, Open Windows may be
useful to you for quick one click between windows. Go to the
View menu and click Open Window List. Show or hide Open
Windows list at any time. Once the Open Windows list is hidden,
open windows can still be viewed from the Windows menu.
Billable Box To eliminate the need to unmark the Billiable box
(if it appears) for costs and expenses associated with client, go to
Edit menu, scroll down and click Time & Expenses, select Company Preferences, and uncheck Mark all expenses as billable
Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.
4
25
Senior Lawyers Three-peat;
70 year-old MVP
BOB VUKANOVICH
Susan Arney, Executive Director
Ashley Belisle, Program Coordinator
Administrative: 360-823-0423
E-mail: [email protected]
September is an anniversary for me. I have been with the
CCVLP for nine years. I started in 2004 and came from a background of small business and non-profits. I knew nothing about
legal aid. The years have flown by and now I know many of you. I
really enjoy my job, especially working with all the attorneys
who volunteer. It has been a wonderful nine years and I look forward to the years to come.
Susan
MANY THANKS TO ALL THE ATTORNEYS AND
PARALEGALS WHO STAFFED THE ADVICE CLINICS,
HOMELESS CLINICS, PROVIDED REPRESENTATION,
AND VOLUNTEERED IN THE HOMELESS COURT IN
THE MONTH OF JULY
Hearsay Special Correspondent
HOMELESS COURT:
Nick Alexander, Chuck Buckley, Heather Carroll.,
Jeff Courser, David Feeney, Abby Powell, Diane Sweet
HOMELESS SHELTER:
Heather Carroll, Peter Fels, Gavin Flynn, Dustin Klinger
HOUSING JUSTICE PROJECT:
Gideon Caron, Tresa Cavanaugh, Ed Dawson,
Scott Matthews, Mike Reid, Bill Robison, Ben Wolff
HOME FORECLOSURE PROJECT:
Jeff Holmes, Carolyn Simms
Statistics for JULY
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DIRECT REPRESENTATION
Stanley Horak, Terry Lee, Lisa Toth
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YWCA SAFECHOICE DV CLINIC:
Stacy Barbadillo, Sidney Dolquist, Jeffrey Holmes,
Sally Lewis, Katie McGinley
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FAMILY LAW:
Matt Blum, Ed Dawson, Eric Hoffman, Scott Horenstein,
Terry Lee, Scott Matthews, Neil Rosenshein, Lisa Toth,
John Vomacka
+RPH)RUHFORVXUH3URMHFW
1RQ3DUHQWDO&XVWRG\&OLQLF
Linda E. Frischmeyer
Financial strategies.
One-on-one advice.
ATTORNEY
Over 25 Years Assisting to Achieve Employment Goals
Respectful. Clear. Helpful.
Andy Nygard, CFP®, AAMS®
Financial Advisor
.
404 E 15th St Ste 4
Vancouver, WA 98663
360-695-6431
Member SIPC
www.edwardjones.com
24
Available
for Consults
Washington
& Oregon
Licensed
• Wage payment
• Independent contractors
• Confidentiality
• Nonprofits
• Non-compete
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• Challenging behaviors
• Leave laws
• Disability accommodation
• Drug testing
360.816.2475
[email protected]
805 Broadway, Ste. 1000 • Vancouver, WA 98660
Move over Michael Jordan and the Chicago Bulls, the Clark
ball for the final out of the game. From the entire senior team:
County Senior Lawyers Softball Team just three-peat the Young Congratulations David!!!!!!!
Lawyers by a score of 16-9.
It is my understanding that the young lawyers are now demandIt was a warm sunny Sunday afternoon and the young lawyers
ing David takes a UA test for steroids; however, the senior
thought that they were ready to reclaim the trophy. Their manager, Chad Sleight, had his
players fine tuned and
ready to perform; however, once again, the senior
lawyers showed that experience outweighs youth
every time.
Even though the senior
lawyers made a few mistakes (for example, I
dropped a fly ball that a 4
year old could have caught,
Chris Boyd ran in 20 feet
from the outfield only to have the ball go over his head by 10
feet, and Judge Stahnke would have made a beautiful head first
slide into home plate if his slide wasn’t 15 feet short), the senior
lawyers were not to be denied.
Scott Horenstein pitched a brilliant game, confusing the young
lawyers with that special Horenstein screwball. The outfield did
an outstanding job and the
infield was just spectacular.
However, no one did a better job, and was this year’s
MVP, then David West.
David may have turned 70
this year; but if you saw
him play you would have
thought he was in his 30’s.
David hit an inside the
park grand slam home run,
he beat out a ground ball
and was safe at first base,
and covered 20 yards in
the outfield to catch the
5
lawyers union is zealously fighting this request. Sounds like we
may be going to litigation!
The game was not without a few injuries as Judge Collier, who
failed to properly stretch before the game, pulled a hamstring,
and Judge Gonzales reinjured the same elbow that he hurt last
year. A 24-hour Fitness membership may be in their future.
The senior lawyers may have found a new player for next year in
Dayle Rae. Dayle is Judge Clark’s judicial assistant. Dayle was
6
sitting in the bleachers with several other judicial assistants when
a foul ball was hit over the backstop. While the other judicial
assistants went diving in different directions, Dayle, without
even blinking, caught the foul ball barehanded and on the fly.
Next year’s senior catcher?
All in all, it was a great time and a lot of fun for both the players
and the spectators. This event keeps growing and I hope it will
continue. Is there a four-peat in the future?????
23
the story – Erin Lambley sings like an angel. At the CAAT
Luncheon she sang Somewhere Over the Rainbow, based on a
version made popular by Hawaiian singer Israel Kamakawiwo'ole. If her budding future as a business attorney at
Landerholm fails, she could try the Vegas circuit!
Speaking of Bar Exam results, Benjamin Paul Melnick (son of
Judge Rich Melnick), a Gonzaga graduate, also passed the Summer Bar Examination. Now the hard work commences! Rumor
has it Ben will be working at the Harlan Law Firm – what do you
want to bet Dad swears him in!
Your esteemed colleague Raisa Judicata can’t be everywhere. If you
have a tidbit of news you would like the world to know, send a note
to [email protected]. Raisa usually checks in the first Monday of every month. Remember, it is your ethical duty to support
your member organization with juicy gossip and goings on.
The Clark County Bar Association Presents a Brown Bag CLE:
LAW FIRM PARTNER COMPENSATION SYSTEMS:
HOW TO SPLIT THE PROFIT PIE
Presented by Kurt Lundquist
October 21, 2013, Noon – 1:30pm
Public Service Center Training Room
Clark County Law Library Spotlight on:
1.5 CLE General Credit
$52.50 for CCBA Members - $105.00 for Non-members - $26.25 for Non-attorneys.
Business
To register: call the CCBA at (360) 695-5975, OR email: [email protected], OR
FAX this flyer to (360) 737-6891 with your BAR NUMBER _________________________,
MARIA SOSNOWSKI
NAME __________________________________ PHONE #_________________________,
Law Librarian
and EMAIL _______________________________________________________________.
th
Payment can be mailed to 500 W. 8 Street, Ste 65, Vancouver, WA 98660 or via credit card over the phone.
Business/corporations is our focus this month. Did you know
that if you search www.wsba.org for attorneys who indicated
business/commercial as one of their practice areas, you come
up with 85 names in Vancouver? And this isn’t even counting
those whose business address is outside of the city but still in
Clark County.
The law library has many resources in this area of the law. We
have more than 30 CLEs that cover topics ranging from form
selection, starting a business, selling a business, contracts, financial distress, and other issues.
There are also Washington-specific books on this topic,
which are:
• Business Law from the Washington Practice set
• Washington Partnership and LLC Deskbook
• Washington Business Entities Law and Forms
• Washington Business Corporations Act Sourcebook
• Washington, Oregon, and Alaska LLCs
• Washington Nonprofit Handbook
These are some of our national materials on this subject:
• Contemporary Corporate Forms
• Form a Partnership from NOLO
• Business Associations Nutshell
•
•
•
•
•
Macy on Corporation Laws
Consulting and Independent Contractor Agreements
McQuillen on Municipal Corporations
Fletchers Cyclopedia of the Law of Private Corporations
Fletchers Corporation Forms
If you are seeking a broad understanding of the topic, don’t forget about American Jurisprudence, which offers a good overview
of the topic for those who are new to the area. It’s a good way to
learn the concepts and language.
You can see our online library catalog at:
http://www.clark.wa.gov/law-library/catalog.html to search for
a book by title or search by key words in titles such as “real” or
“tenant” to bring up all titles including that word.
Also, if you are in need of a title that we don’t have, we are able
to obtain interlibrary loans from the Washington State Law
Library. You can search their catalog at:
http://lawlibrary.courts.wa.gov/ and let us know if there are
titles you would like us to borrow for you. Emailing us the link
to the title you would like to see is the easiest way to do that.
We also have other sources for loans if needed. Email can be
sent to: [email protected] and you can call us at
360-397-2268 with questions.
Advertise in next month’s HEARSAY
Call Lisa Darco at 360.695.5975 for rates and availability.
22
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DOUBLE HEARSAY
Kurt R. Lundquist, J.D., C.P.A.
Principal and Founder
KRL Advisors, LLC
www.partnercompensationblog.com
www.krladvisors.com
I.
Partner compensation system 5 broad goals:
1. Fairness: In reality as actually applied and perceived that way by the partners; applied
without bias or nonperformance-based favoritism.
2. Understandable: By the partners themselves; simple and straightforward; not unruly
complex or mysterious as to the connection from specific performance to compensation
received. Fully documenting the system is recommended (i.e. in firm's operating
agreement).
3. Efficient: Process not overly time-consuming and burdensome to partners and
compensation decision makers/leaders.
4. Desired Partner Behaviors: System promotes and rewards all the partner actions necessary
for the firm to be successful. Specifically identifying and weighting the behaviors by order
of importance/priority is recommended.
5. Firm goals & objectives (more recent trend): System promotes and rewards partner
behaviors that move forward identified firm-wide business strategy(s).
II. Vonn & Miller: Example fictitious law firm comprised of
• 4 Partners (all equal equity owners)
• 1 Associate
• 1 Paralegal
III. Partner compensation menu of systems – historical and current trends (applied to Vonn & Miller):
1. Profit-center approach ("Eat What You Kill")
2. Equal-sharing (ownership % based)
3. Lockstep -- pure & modified
4. Objective formula
5. Subjective judgment
6. Current trends:
(a) Hybrid systems that employ both objective-formula and subjectivejudgment elements
(b) Bonus pools outside but supplemental to the primary system
IV. Distinct and potentially thorny issues:
1. Partner management time
2. Origination credit – should there be a time limit?
3. Marketing time – how best to promote & reward?
4. Seniority – should it matter?
5. Effort v. results
6. Balance between rewarding: long-term sustained performance v. outstanding one-year
accomplishments
7. Allocating large/premium fee profit (comes up most often in contingent fee cases)
8
What CCBA Members
Are Doing About Town
RAISA JUDICATA
Guest Gossip Columnist
Clark County ROCKS
Cowlitz! On August
21st at the Cowlitz
County motion docket
the Clark County attorneys outnumbered the
Cowlitz attorneys. Lori
Ferguson and Jean
McCoy lamented that
they didn’t carpool, like
the budding soccer
moms they are. Jim
Senescu and Dick Matson were game for a picture to commemorate the ultimate domination. Christie Martin and Julie Payne
escaped before the group could congregate and make history in
front of the Hall of Justice. Earl Jackson must have been
involved in a long case, because no one ever saw him exit the
building. Considering there were only a couple of Cowlitz attorneys and one from Seattle, it was a clear rout, perhaps not to be
seen again in our lifetime. A phone tree is being set up for future
docket caravans.
Wonder Twins duo Chris
and Mila Boyd finished the
6th Annual Cascade Lakes
Relay in August with their
team Walker, Texas Ranger
in the top third of all participants. They no longer do the
Hood to Coast, but take to
the High Desert and run a
Chris and Mila Boyd are much cuter than the
216 mile relay in Central
Wonder Twins, but we hear they run just as fast!
Oregon. So far they have
been shy about pictures – the relay does host a costume contest,
so maybe there is tangible evidence of just how cute they really
are? Any Hood to Coasters want to share their joy – or the
agony of their feet? Contact Raisa!
Recent Bar Exam Graduate, Erin
Lambley, is also an extremely
accomplished singer, as well as
budding philanthropist. Both
Erin and Juliet Laycoe were on
the 2013 Planning Committee
Tom D'Amore, of D'Amore Law Group (he
for the luncheon supporting the
is the good looking guy in the ads with the
Legacy Salmon Creek Medical
wonderful hair), was recently honored with
Center’s Child Abuse Assessthe 2013 Distinguished Service Award by
ment Team (CAAT). The
the American Association for Justice (AAJ).
CAAT group provides abuse
The award, presented during the AAJ Annual
assessments on behalf of law and
Convention in San Francisco, honors attorsocial service agencies to deterCongratulations to Tom
neys
who
go
above
and
beyond
their
mine the presence and nature of
BFFs Erin Lambley and Jill Sasser celebrate
on Distinguished Service!
Erin’s law school graduation
commitment to the principles of the civil
the problem, then coordinating
justice system and AAJ’s mission. Tom was one of nine trial
with other organizations to ensure the children of abuse have the
attorneys nationwide to receive this year's award. He is also a
treatment and resources they need. There is seemingly direct
member of the Board of Governors of the AAJ, and was elected correlation between childhood abuse that is untreated or not
to serve on the AAJ Executive Committee. Tom has good infor- treated correctly, and serious health issues arising in adulthood.
mation on his site with publications and other materials for
Money spent today on children’s welfare can save society hunconsumers. Visit him at: http://www.damorelaw.com/
dred fold when future health risks are lowered that may
otherwise fall to social services. Now, back to the main point of
21
April Title 11 GAL Training
HEATHER J. NORTON
CCBA Board Meeting Minutes
ARIN DUNN
CCBA Secretary
We have a great local and affordable CLE coming up in April
2014: Title 11[1] Guardian ad Litem training. This training will
qualify attendees to apply to be listed on the court registry[2] of
Guardians ad Litem for guardianship cases.
Dates: April 3, 2014 is Basic Training for Title 11 Guardians ad
Litem (GALs) and April 4, 2014 is recertification for GALs
already on the registry.
Another role, sometimes filled by an attorney and sometimes by
a non-attorney, is the Guardian ad Litem (GAL). The
appointment of a neutral GAL is mandatory in almost all
guardianship cases. The role of the GAL is to investigate the
situation and report to the court as to whether a guardianship is
recommended and if so, who should be appointed as the
guardian. A GAL need not be an attorney. Many of our local
GALs are people with a background in mental health,
gerontology, health care and/or social work.
Location: Red Lion at the Quay, Vancouver, WA
Cost: to be finalized, estimated cost is $275 for both days and
$100 for re-certification only
Why attend this training? Many attorneys in the guardianship
area take advantage of the GAL training to improve their subject
matter knowledge from a different point of view, or maybe just
because the subject matter is interesting and the cost of our local
CLEs compares favorably with traveling to Seattle to attend
certification or recertification training.
The training in April will feature many of our local subject
matter experts. It will be thorough and interesting. The first day
is basic GAL training. Anyone with no knowledge of
guardianship would benefit greatly from attending this session,
which gets down to the basics, step by step. Practical advice and
local conventions will be emphasized in addition to a
comprehensive overview of the statutes that apply to
guardianship and the GAL role. Note: this is not GAL training
for family law or dependency cases – it is only for guardianship
cases. The second day will be at a more intermediate level. A
variety of sub-areas will be covered, with a focus on emerging
issues and the subjects our local GALs, and last year’s attendees,
have requested more information about. We normally like to see
at least one specialty presentation on a mental health topic. Last
year we had a fantastic presentation on hoarding that many of us
put to immediate use in our practices. Some of us even cleaned
our garages out after that presentation, just to be sure we
actually could! We have excellent support from our local bench
for this training. Our judges value the GAL role and want us to
have training available locally. I look forward to seeing the
finalized schedule of speakers for 2014.
Also, the guardianship law community in Vancouver is thriving.
We have a lot of work to do. Did you know that every day
10,000 Americans turn age 65? Not all of them will need a
guardian within the next 40 years, but the aging of our
population as a whole is creating more age-related health issues
for our community. Many people will need help from a guardian
or other surrogate decision maker. Alzheimer’s disease and
other forms of dementia are the most expensive diseases in
America. Cancer does not even come close to dementia in terms
of expenditures for health care. Guardianships are filed for other
reasons as well, but dementia is a very common diagnosis
involved in guardianship cases. Most of us know someone with
The Clark County Title 11 GAL community is active and
dementia in our own circle of family and friends.
friendly to newcomers. We have an informal group that meets
on a monthly basis, sometimes with a speaker and sometimes
There are several roles in each guardianship case. In addition to just to discuss issues among ourselves. We find the exchange of
attorneys filing the guardianship petition to start each
information and expertise between attorney GALs and nonguardianship case, we also have attorneys representing other
attorney GALs works to the advantage of both populations. The
involved parties, such as family members and public entities.
contact people for that group are Victoria Kesala (360-326Attorneys are also sometimes appointed to represent alleged
3083) and Lisa Rasmussen (360-281-2886).
incapacitated persons. Once a guardianship has been
established, there may be a guardian appointed other than the
original petitioner, and another attorney may become involved
in the case to represent the guardian.
[1] RCW Title 11 includes the main guardianship statutes: 11.88 and 11.92.
[2] The contact person for questions about the registry and requirements in addition to the training is Jeffrey Amram, Superior Court Administrator 360-397-2150.
20
b. CLE. Private entities seek affiliation with the CCBA on
dually offered CLEs and to access CCBA resources. Which
Board members in attendance: J. Clark (presiding); A. Dunn
the CCBA rejects to retain revenue and improve local
(preparing minutes); JD Nellor; R. Mc Leod; J. Sasser; J.
offerings. Discussion and agreement.
Fairgrieve, and L. Mancuso. Lee Ann Larson attending. Staff in c. Authorized expenditures for Lisa. Discussion and agreement
attendance: L. Darco.
that this item should go into the Bylaws which is a project
currently being separately addressed. Darco seeks approval
1. J.Clark called the meeting to order at 12:00 PM EXACTLY.
for office supplies. Discussion of showing percentage of
annual budget spent to date, etc. Discussion of providing
2. Approval of minutes from August 7, 2013. On motion duly
receipts to Board for discussion and input. Nellor will add a
made and seconded, and passed, minutes are APPROVED.
percentage column. Sasser proposes that we review actual
books and receipts next month. Discussion of conducting an
3. Treasurer’s Report. JD presented the financial report. CCBA
audit to help organize old information and develop improved
is operating at a profit this month, particularly with dues coming
procedures.
in. Dunn inquired about a possible investment account.
i. Clark Motion: Increase annual staff training budget
Discussion of need for liquidity and securing assets. Discussion
to $300. On motion duly made and seconded, and
of possible CD, T-bills, etc.
passed, motion is APPROVED.
d. Office Procedures. Darco discussed challenges of seeking to
4. Old Business.
understand rules and guidelines for her job where nothing is
a. Survey. Original intent for survey was to determine if
documented. Dunn requested developing an office
membership was interested in a new website. Given that this
procedures manual. Fairgrieve is already seeking templates
issue was specifically resolved in a Special Meeting, Dunn
for possible use by the CCBA to get this project started.
proposed mothballing the survey until additional issues arise
Clark wanted a sub-committee on this issue and Mancuso and
that present a need for additional member input. Clark
Dunn volunteered to assist Darco.
agrees. Sasser discusses tabling until next year before sending e. Phone-athon. WSBA Legal Foundation seeks to develop a
out membership (next May).
volunteer project for the Equal Justice Project to get attorneys
b. Mentorship Program. Fairgrieve explained that Darco sent
to call their attorney friends as a fund raiser. Discussion of
out 3 emails on the program. 25 mentors are available.
whether the CCBA should support local programs such as the
Fairgrieve is proceeding with this pilot program with 5
VLP or the Equal Justice Project. Larson explained that the
mentees. Fairgrieve may put the program on hold until
Foundation provides extensive support to our local VLP.
additional mentees express an interest, but plans to give
CCBA will publish an article to give the WSBA program
mentees the option to proceed.
support.
c. Attorney Service Day. Sasser tabled for next month.
i. Sasser Motion: Seeks approval for $100 pizza budget
d. Hearsay Invoice (Hansen). Darco presented a proposed
for WSBA fund-raiser participants. On motion duly made
collections letter drafted by Dunn to send to this former
and seconded, and passed, motion is APPROVED.
advertiser that never paid as agreed.
f. Social Committee:
i. Clark Motion: Approve letter. On motion duly
i. Christmas Ships. Seeking a Santa and candy canes.
made and seconded, and passed, motion are APPROVED.
Tickets to be offered.
e. Website. Darco explained that the contract is executed and
g. Dual License Attorneys: 1,500 Portland attorneys are licensed
the website is currently under construction. A workable
in Washington. Cost to purchase list from WSBA is expensive.
version may be available by annual meeting. Dunn suggested
Therefore, CCBA will create its own list and use it moving
purchasing shorter domain names.
forward for membership and to advertise CCBA offerings.
September 4, 2013
5. New Business.
a. Approval of Software. Darco is purchasing new Microsoft
Office software as discussed.
6. There being no more business before the board, on motion
duly made, seconded, and passed, the board meeting is
ADJOURNED, 1:05 PM.
9
CCBACLECalendar
RegisternowforanyofourupcomingCLEs.
CLEǦAViewFromtheBench
Hon.BarbaraJohnson
Hon.RichardMelnick
ͳͺǡʹͲͳ͵
ͳǣͲͲȂʹǣͲͲ

CLEǦMarijuanaLaw
JimDavid,EricHoffman&AndrewWheeler
Ƭ
N&B–Topic&SpeakerTBD
ͺǡʹͲͳͶ
͵ǣͲͲȂͷǣͲͲ

N&BǦRepresentingVulnerableAdults:
Hoarding,FinancialScams&FamilyDrama
–ThingsYouNeedToKnow
JillSasser,ChrisBabich,JessicaDimitrov&
VictoriaKesala
ͻǡʹͲͳ͵
͵ǣͲͲȂͷǣͲͲ

N&BǦTheNuts&BoltsofHandlinga
SexualHarassmentCase
GideonCaron
ͳʹǡʹͲͳͶ
͵ǣͲͲȂͷǣͲͲ

BrownBagǦLawFirmPartner
CompensationSystems:HowtoSplitthe
ProfitPie
KurtLundquist
ʹͳǡʹͲͳ͵
Ȃͳǣ͵Ͳ

N&BǦEstateplanningandCharitable
Giving/FinancialPlanning
JillSasser&
RafikFouad,FinancialAdvisor
ͳʹǡʹͲͳͶ
͵ǣͲͲȂͷǣͲͲ

N&BǦDealingwithMedicareinPersonal
InjuryCases
TimNay
ͳ͵ǡʹͲͳ͵
͵ǣͲͲȂͷǣͲͲ

N&BǦEmploymentLawBasicsforthe
BusinessLawyer
EmilySheldrick
ͻǡʹͲͳͶ
͵ǣͲͲȂͷǣͲͲ

$ 12 81.%(+$
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EthicsǦBreakin’alltheRules:ACaseStudy
RickMcLeod&RobLorey
ͷǡʹͲͳ͵
ͻǣͲͲȂ

N&BǦBeyondBreachoftheInsurancePolicy:
BadFaith,CPA,andIFCAClaimsAgainst
InsuranceCompanies
NickThede&AndrewLauersdorf
ͳͳǡʹͲͳ͵
͵ǣͲͲȂͷǣͲͲ

10
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N&BCLEs:
$50forMembers
$70forNon–Members
GeneralCLEs: $35/HourforMembers
$45/HourforNonǦMembers
tŚǇ/ŽtŚĂƚ/Ž͗tŚĞŶ/ǁĂƐŐƌŽǁŝŶŐƵƉŝŶŚŝĐĂŐŽ͕/ŚĂĚĂŶĞŝŐŚďŽƌǁŚŽǁĂƐĂŶĂƩŽƌŶĞǇ͘,ĞŚĂĚĂǇŽƵŶŐĨĂŵŝůǇĂŶĚĂůǁĂǇƐƐĞĞŵĞĚƚŽďĞ
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19
Young Lawyers’ Section
Loowit Brewing Company
Tempts the Bar
Clark County Bar Association Young Lawyers
On August 29th, The Young Lawyers Section held elections,
during their monthly happy hour meeting. Meet the 2013-2014
Young Lawyers of Clark County Board Members.
DON JACOBS
President-Elizabeth Arwood
So it's a hot Thursday night and I find myself on a barstool
sipping a cool pint at Loowit Brewing Co. The garage door is
open and the place is packed. People are playing darts and the
staff is hustling around trying to make sure nobody is thirsty. I
look around and lo and behold, the place is full of lawyers.
Criminal defense folks, family law types, county prosecutors and
even one of our judicial officials, (not to mention the old
personal injury lawyer at the bar). Felt like an Inns of Court
meeting without the ethics credit. Good grief, can this really be
true? An actual craft brewery in the Couve? Wait, there's more.
We are about to have three operating craft breweries within
walking distance of the courthouse.
In late 2011 Mt Tabor Brewing apparently got tired of those
sanctimonious Portland beer drinkers and moved its entire
operations to Vancouver. You can find them across from Little
Italy just off Washington. And Dirty Hands Brewery is set to
open up in September in the old Sister and I Cafe space at the
corner of Evergreen and Broadway. Truth be told, we have had
local brewers in the Couve for some time. McMenamin's on the
Columbia, Laurelwood out in Battle Ground and the Salmon
Creek Brew Pub have been fixtures for a while.
Of note is the Salmon Creek Brew Pub's new ownership and
change of name to Old Ivy Taproom. And some slightly
inebriated research discovered several new breweries are about
to tempt us locals with more craft brews. Heathen Brewing,
Ghost Runners, West Highland, Amnesia, and Bearded Brothers
Brewing out in east Vancouver are all set to serve up pints in the
near future. Which means someone is going to have to visit
these establishments and report back to the CCBA. Our readers
deserve no less.
"L" flashing on and off on
the roof. Ah, the good ole
days. Lucky closed up
shop in 1985 and shipped
its equipment off to China.
But fast forward to 2013
and Loowit Brewing Co.
Loowit is owned and
operated by two local boys,
Tom Poffenroth and
Devon Bray. Tom and
Devon graduated from
Evergreen and Mt. View
respectively in the 90's.
Tom went into
construction and Devon
worked as a network tech. They started brewing beer at home and
found they were pretty good at creating some tasty suds. While
backpacking the Loowit trail around Mt. St. Helens they came up
with the name. With help from relatives they were able to
purchase some dairy tanks and went into the brewery business.
The work has been hard and the hours long. Tom still does
construction during the day. Devon now spends most of his
time at the brewery next to Torque Coffee, across from the
Hilton. They're up to 36 kegs a month and growing. Hours of
operation will probably be expanded soon and there are plans to
open a kitchen. Current summer hours are 4-8 Thursdays, 4-10
Friday and 12-10 Saturday. Live music may even grace the
brewery some nights. But the beer is the draw.
These two know how to make beer. Try out their award winning
Vidalia Summer Ale. If you like that hoppy feeling, go for their
Writing brewery reviews for Hearsay can be a thankless job but Shadow Ninja IPA. Or try the just created Master Splinter
somebody has to do it. Fortunately I've had difficulty passing
Barrel - aged IPA, aged one month in Jack Daniels barrels. My
bars since I got out of law school so my credentials are solid. For favorite was the Silver Star Saison. Smooth and refreshing with
those of you as long in the tooth as I, you'll recall the only
nice balance. To put you in a mood for karaoke, try their
brewery we had in Vancouver for a mighty long time was the
Truman's Goddamn Strong Ale. And by the time you read this,
Lucky Brewery in downtown. Not exactly a craft beer hangout. a new addition should be out, the Tiger Squadron Pale Ale.
When this reviewer first came to town in 1979 the Lucky
Brewery was an old dirty looking six story factory building
dominating the downtown skyline. It featured a big red neon
18
So who really needs a new bridge anyway? Why fight the traffic
to hit a brew pub across the river when you can frequent a tasty
local establishment right here in the Couve!
Elizabeth is a Portland Native, and returned after law
school. She earned her undergraduate degree at University of
Oregon. She holds an M.B.A., with honors, and a J.D., magna
cum laude, from Gonzaga University. During law school,
Elizabeth discovered her passion for juvenile law and criminal
defense by interning at the public defender. She opened her own
practice, Arwood Law, PLLC, in 2011 to continue working in
these areas. She currently practices in the areas of juvenile law,
criminal defense, and family law, including working as a Title 26
Guardian Ad Litem. Elizabeth enjoys spending time with her
husband, Matt Blum, also a Vancouver attorney. They enjoy
activities with their Schnoodle dog, “Sugar,” and both take Sugar
to work as much as possible. Elizabeth enjoys yoga, travel,
reading, and dramatic television programming.
Juan, Puerto Rico. While in Puerto Rico Travis became fluent in
Spanish, and completed his undergraduate studies in Marketing
at the Interamerican University of Puerto Rico in May of 2007.
Several years later, Travis was admitted to study law at the
Interamerican University of Puerto Rico School of Law. Upon
completion of his legal studies and graduation in May of 2012,
Travis returned to Vancouver, and was admitted to practice law
in Washington in the spring of 2013. Travis currently aspires to
be a prosecuting attorney.
Secretary-Katie Sinclair
Katie Sinclair grew up in Olympia, Washington. She received her
bachelor's degree in European Studies from the Jackson School
of International Studies at the University of Washington.
Deciding the law was for her, Katie went to Gonzaga University
and graduated with honors in May 2012, with her Juris Doctorate
degree. Following the bar exam, she married her best friend,
Jordan Fink, and the two moved to the Vancouver-Portland area
soon after. Outside of work, Katie enjoys traveling, hiking, and
enjoying all of the delicious food Portland has to offer.
Membership Coordinator-Stefanie Ellis
Vice President-Nathan Petersen
An Idaho native, Stefanie Ellis graduated cum laude from Boise
Nathan was raised in Spokane, WA and received his
State University in 2004 and received her Juris Doctorate from
undergraduate degree at Brigham Young University in Provo,
Utah. He then attended law school at the University of Houston
in Houston, Texas. After graduating from law school, he became
licensed in Texas and began practicing in medical malpractice
defense. Since Nathan and his wife Leaa, who is from
Washington State as well, wanted to get back to the Pacific
Northwest, he took and subsequently passed the Washington
State Bar. In 2011, he opened his own practice focusing on
family law in Vancouver, WA. Nathan has two children Corinne,
4 and Jaxton, 20 months. He enjoys playing guitar, reading and
winning in court.
Representing Injured
Workers on Their
Washington Claims
Busick Hamrick, PLLC
Treasurer-Travis O’Neil
Travis Michael O’Neal is a Vancouver native and graduate of
Skyview High School. At the age of 21, Travis moved to San
Conference Room
available to rent
The CCBA’s office conference room
is available for meetings
and depositions at reasonable rates.
Steven L. Busick Frances R. Hamrick Douglas M. Palmer
Call Lisa at: 695-5975
1915 Washington Street Vancouver, WA 98660
(360) 696-0228
11
Gonzaga University, School of Law, in 2007. While in law
school Stefanie worked as an intern for the City of Coeur
d’Alene doing work in both criminal and civil areas of law. After
law school she was hired as an Assistant City Attorney for the
City of Vancouver where she successfully prosecuted numerous
misdemeanors and domestic violence cases. Since joining Green
& Ritchie, PLLC Stefanie now focuses her efforts on family law
cases, including divorces, modification of parenting plans, and
child support.
Veterans Advocates (NOVA), and Washington and Clark
County Elder Law Sections. Christie is also an accredited
attorney for the preparation, presentation and prosecution of
claims for veterans benefits before the Department of Veterans
Affairs. In her spare time, Christie enjoys spending time with her
family, traveling, kayaking, sports and her three dogs.
Calling All Justice Seekers
Upcoming Young Lawyer Events:
The Clark County Volunteer Lawyers Program has been part of
the Clark County legal community since the early 1970s and has
been supported by hundreds of volunteer lawyers like you over the
years. The CCVLP provides legal services in civil matters to low
income persons with matters in the Clark County court. In 2012
we served over 800 clients with a staff of two and a half people.
September Happy Hour Meeting-To be Determined
October 8th-Criminal Defense Panel CLE, 12 p.m. Public
Service Center
Social Chair-Jeff Ott
Jeff grew up in Mohawk, Oregon near Eugene. He left the Pacific November 12th-Business Law CLE 12 p.m., Public Service
Center
Northwest to attend school at Macalester College in St. Paul,
Minnesota. He holds a Bachelor’s Degree in Cultural
Travis O'Neil, Treasurer, will be taking registration by email,
Anthropology and returned to Eugene to attend law school at
[email protected], and payment will be taken at the door.
University of Oregon. Jeff runs his own law practice, Jeffrey D.
Ott, PLLC, and represents clients in the areas of criminal
Cost: $10.00 - CLE for CCBA Young Lawyer
defense and family law. Jeff is knowledgeable on brews, and
$25.00 - CLE for CCBA Members
served on the Board of Portland Beer Week.
$35.00 - Non CCBA Members
Immediate Past President-Christie Martin
A “Young Lawyer” is defined as an attorney that has been in
Christie grew up in Miami, Florida. She entered the U.S. Air
practice for 5 years or less or is 36 years of age or younger,
Force directly out of high school, serving as a jet engine
whichever is later.
mechanic domestically and overseas. Christie earned her
undergraduate degree in sociology and political science from
If you would like to receive emails to learn more about Young
UC Davis and subsequently graduated from Syracuse University Lawyers events, please email [email protected].
with a master's in public administration and a law degree.
Also, “Like” us on
Christie is a member of the Washington State Bar, Clark County Facebook.https://www.facebook.com/ccbayounglawyers
Bar, Washington Women Lawyers, National Organization of
WASHINGTON WOMEN LAWYERS
CLARK COUNTY/ST. HELENS CHAPTER
BROWN-BAG LUNCH MEETING ON THURSDAY, November 14, 2013
12-1:00 PM, Clark County Public Service Center Training Room – 6th Floor
Join us for a discussion about up-coming Chapter events. We look forward to
hearing your ideas and interest in participation/organization of events.
In addition, if you are interested in becoming a Chapter Board Member, we are seeking
nominations for open Board positions. Please send us an email with your position
nomination and qualifications to : [email protected] on or before November 1st.
Open Chapter Board Positions:
President • Vice-President • Secretary • Treasurer • Board Member-At Large
We will be providing complimentary snacks and beverages!
Bring your own lunch, or Order a box lunch
from The Dragonfly Café (approx. $10)
Call The Dragonfly Café at 694-8002 to order your lunch
Pick-up your lunch before heading upstairs for the luncheon!
12
SUSAN ARNEY
CCVLP President
We couldn’t do our work without the dedicated volunteer
lawyers. But, we also couldn’t do anything without the funding
to pay staff, rent, phones and other overhead costs. This is
where you come in. Our funding has decreased over the last five
years as our grants from the Legal Foundation have decreased
due to the hard economic times. The economic turndown
affects the rates of Interest on Lawyer Trust Accounts, but it
impacts our low income population even more. In a time when
more people need legal help, we are faced with less funding to
help them. We are counting on the legal community to help
take up the slack and support the work we do.
investment. These dollars make the difference in keeping our
services at the current levels.
The Campaign for Equal Justice is Washington’s annual fund
drive, which secures vital operating support for over 20 civil legal
aid and volunteer lawyer programs across the state, including the
CCVLP. By running a statewide collaborative campaign, more
resources are pooled together to work toward a future where no
individual or family is denied basic human needs – like housing,
income and safety – because they cannot afford legal help.
When you answer the call on November 14th please consider
the reasons that you decided to become a lawyer – to help
others, to fight injustice, to make a good living. Consider these
reasons and then consider what a donation of one billable hour
could do in your community. Your gift could…
…keep a family safe from domestic violence.
…assist tenants being evicted with the eviction process.
… help consumers file bankruptcy and restore their income.
Take, for example, Autumn’s story. Autumn* is a single mother and …restore faith in our justice system.
the sole provider of her two children. Autumn and her ex-husband
divorced several years ago and she works two jobs in order to provide Do you need more incentive than ensuring access to justice and
for her family. It has not been easy, but Autumn takes comfort in receiving over 200% return on your gift? All donors who make a
knowing that her children have had a safe and stable upbringing
gift during the phonathon will be entered to win one free roundbecause of her hard work. One day, creditors approached her
trip domestic airfare ticket for 2014!
claiming that she owed over $40,000 for debts incurred by her exhusband. This amount of money would cripple her family’s finances, If you do not wish to be called, please make your donation
and Autumn knew that these debts were not hers to pay, but she
before November 12th. Thank you to everyone in Clark who
continued to be threatened by the collections agency. Autumn
has already made a gift this year. Donations can also be made
tried to work with the agency, but the process was confusing and
online at www.c4ej.org (mention this article to be entered into
the collections agency had lawyers. Eventually, with the help of an the drawing) or mailed to the Campaign for Equal Justice, 1325
attorney from CCVLP, Autumn was able to file bankruptcy and free Fourth Avenue, Seattle, WA 98101.
herself from her marital debt. Thanks to her lawyer, Autumn kept
food on the table and a stable home for her children.
If you are interested in volunteering to call during the
phonathon, please contact Susan Arney at [email protected] by
You can help people like Autumn – volunteer, but also donate to November 4th. Food and beverages will be provided. Join us for
the Campaign for Equal Justice. We are having our annual
an afternoon of calling friends and colleagues for a great cause!
phonathon on November 14th. For every dollar you donate,
CCVLP receives two dollars. That is over a 200% return on your *Client name has been changed to protect identity.
Want more referrals?
Each month the Lawyer Referral Service receives calls from clients seeking help
in the fields of Administrative Law and Intellectual Property. Unfortunately we
have very few attorneys to refer them to. If administrative law or I.P. is one of your
practice areas, we invite you to join the Lawyer Referral Service. The cost is only
$150 for the membership year.
Contact Heather Norton at the CCBA (695-5975) to sign up or to ask questions.
17
Family Law Section Holds September Meeting
with Title 26 Guardian ad Litem Panel
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Available for Referral or Association
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Portland 503.974.4161
Email [email protected]
16
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MATT BLUM
Family Law Section President
MEREDITH MCKELL GRAFF
Secretary/Editor
The Family Law Section of the CCBA kicked off its monthly
meetings for September, convening in the swanky Discovery
Room at the Downtown Hilton. We are on a two month
probationary contract with the Hilton to decide whether the
venue is a good fit for future meetings. While the sample size is
small, the venue thus far has provided superior space, seating,
and sound, while seriously lacking in potato chips according to
one unnamed source. The October meeting is also slated for the
Hilton, before our board decides to continue meetings at the
Hilton, or possibly transition back to Tommy O’s, where we
seem to have outgrown the space available. Our secretary, Josh
Pops, will be distributing evaluations via email, and attendees
can feel free to comment on the venue in their evaluations.
Most also indicated they would go back to court to request
additional fees if necessary.
Our panel of Guardians ad Litem provided the CLE portion of
the meeting. Facilitated by panel member, Attorney and FL
Section V-P, Nathan Petersen, the other panel members were
Penny Vian, a former legal assistant, Attorney Elizabeth Arwood,
and Attorney Josephine Townsend. Each provided information
about their backgrounds, training, and experiences, then each
panel member talked about how each handles Title 26 GAL
cases following assignment by the court. All the panel members
indicated that their private pay hourly rate is $75/hour and
noted that the county reimbursement is set at $55/hour. The
panel members uniformly requested a deposit of ten hours at the
private pay rate when working outside county reimbursement.
Ms. Arwood said she prefers to meet with the parents first,
rather than the children, which she does at her law office. She
gathers information, then meets with the children. When
children are older, she said she may meet them at school, or at
the residential parent’s residence. She said she likes to meet with
children ages 10 and older without the parents present. She
provided some “tips” for Section members when looking to have
a GAL appointed to their case:
• Check for the GAL’s availability and fees before asking for a
particular GAL.
• Pay the appointed GAL $750 for ten hours of work as soon
after the court makes the appointment as possible.
Ms. Vian stated that she prefers the parties or their attorneys to
send her the court documents as she does not have access to
Liberty Web. She requests payment of her fee before she starts
the case. She said her evaluation begins at the moment the court
appoints her. She interviews the children individually, first in
the residential home with the residential parent, then with the
non-residential parent at a local library branch. She said she
prefers alternative locations for children over age 14, without
parents around. She uses the library for children ages 10-14, and
also, prefers that the parents “disappear” for a while so she can
talk freely with the children. For younger children, ages 6-10,
First order of business was opening the floor to announcements.
she prefers the parents to be within calling distance. She noted
Terry Lee announced an opportunity to assist high school
that she does not interview younger children, but does observe
students through the “We the People” program on Tuesday,
them while they are playing. She also stated that she never asks
October 29, 2013, at Heritage High School. Those who volunteer questions about sexual abuse, even if it is an issue.
will have a “free meal” from 5:00 to 6:00 p.m., and with the
competition to follow from 6:00 to 8:00 p.m. The time
Mr. Peterson said he typically interviews children in his office
commitment is minimal, and is a great opportunity to meet and
with the parents in the lobby of his office. He spoke to the
talk with high school students. For further information and to
emailed handout of the GAL Rules that was sent ahead of time to
sign up, please contact Patti McMaster at 360-604-3700 ext. 8777. the FL Section members, noting that “ex parte communications,”
such as those barred by the attorney ethics rules are not
Clark County Superior Court Clerk, Scott Weber, also
proscribed for a GAL investigating for the court. On the other
announced that Liberty Web will be available for District Court hand, he reminded us that the GAL is not permitted under the
cases. Those with Liberty Web accounts who want the expanded GAL Rules to have any ex parte communication or contact with
access should contact Nancy Campbell at the District Court to
the judge assigned to the case. He stated that he does not use a
add District Court scanned documents to their Liberty Web
questionnaire for the parties but asks the questions directly when
accounts. No mention of an additional fee was made with this
he meets with each party. He reminded members that the GAL
announcements, so it remains to be seen whether bar members file is discoverable and may be obtained upon request by the
will pay more for this expanded access to court files.
attorneys representing the parties in a case.
13
• Send a copy of the court order appointing the GAL to the new
GAL. Make sure children ages 12 and older have also signed
the original order.
• Use the GAL mandatory court form, rather than creating an
order appointing GAL on the carbonless forms at the court
house. The latter most often creates a risk that important
language is left out of the order that assists the GAL to do the
best job for the court.
• Send the new GAL an email or letter with a list of documents
for the GAL to review on Liberty Web, but provide scanned
or hard copies of relevant confidential documents (medical,
health, financial, for example).
• Keep the GAL in the loop in the case—send the GAL copies
of all pleadings filed with the court and notify the GAL of all
hearings. Unless otherwise noted on the order appointing the
GAL, the GAL is not released until final orders are entered in
the case.
• Do not make settlement agreements between the two parties
and their counsel without apprizing the GAL before ink is put
to paper. The GAL can object to the court if agreements are
made that the GAL believes are not in the best interests of the
child/ren.
Ms. Townsend, who has been the moving force behind Title 26
GAL Training in Clark County since 2008, stated that she
prefers to use a questionnaire so that the questions are the same
for both parties. She said she does not mind talking to the
attorneys on the case about issues she is investigating. She also
noted she will travel to see parents and children in the home, if
they live in outlying areas in the county. She noted that she
prepares an “Interim Report” within the time frame requested
by the court at the time of appointment, then a “Final Report”
no less than five days before a trial in a case. She did state that
GALs have the authority to note matters onto the court docket,
but she said she only does this as a “last resort.” She clarified
that while she likes to have the funds for at least ten hours
deposited up front before beginning her work, she will start her
investigation before being paid, then will remind the parties’
attorneys by letter of the need to get the GAL fee paid.
Ms. Townsend noted that the county is in need of more trained
Title 26 GALs and invited anyone in the FL Section who is
interested to participate in the next training.
Section Member, Terry Lee, asked Ms. Townsend, who is a solo
practitioner, who would assume responsibility for her files, or
any GALs files when they die. She said that would be her
personal representative’s problem, not hers. It is a concern,
however, and one that might be discussed at a future Section
meeting, if there is interest, on the topic of retirement,
succession planning, and preparing for the unexpected when it
relates to our clients’ confidential files and materials.
Mr. Peterson then threw out questions to the panel, which
responses are summarized.
• When parties are pro se, Ms. Townsend is willing to assist
them with their court documents when she has been
appointed as GAL in the case.
• When a party brings stacks of documents and papers to a GAL
interview, the GAL should ensure the attorney for the party
also has copies.
• The GAL can propound discovery and can examine witnesses,
but --Judge Rulli noted that the GAL’s role is to “investigate
and report,” not to get involved in the trial, except as a
witness.
• When the court appoints a GAL for a child, that appointment
is not the same as when the court appoints a GAL to
investigate and report. When a GAL is appointed for a child,
the GAL is acting as advocate and attorney for the child.
• The GAL training instructs GALs not to ask specific questions
of children, but if a child volunteers information to the GAL,
the GAL is a mandatory reporter and must report what the
child tells the GAL to the police.
• If there is an open CJC/CPS investigation, the GAL should
not talk to the children until the investigation is concluded.
Mr. Peterson noted that he also does not discuss criminal
matters with a party, if there is another legal matter pending in
addition to the family law matter.
• For crises, when the GAL is involved in a case, there are
programs and services that can be made available if needed.
Ms. Vian noted, “There is an immediacy to a GAL
appointment that requires timely assessment and report to
the court, to enable the court to order services to meet the
children’s needs at that time.”
• All the panel members agreed that among resource
documents required by the GAL, these are the most
common: CPS records, police reports and records, medical
records, therapy session notes from counseling sessions with
the child/ren.
• More important than “opinion” witnesses (usually family and
friends), the GALs need first hand witnesses to describe what
they have personally seen and heard.
The next Family Law Section meeting will be on Thursday, October
10, 2013, starting at 11:00 a.m. (note the earlier start time). The
earlier time gives members wishing to obtain 1 hour CLE credit the
full time required. It also gets the judges and commissioners who
are on the bench at 1:00 p.m. back to the courthouse on time, and
provides leeway for those attorneys appearing on the modification
docket to get to court without stress. To get on the email list and to
receive an “Evite” for the meeting, contact Matt Blum at
[email protected]. County bar dues and section
membership dues are now due, and to get the member rate for the
lunch and the CLE, attendees must have their dues paid for the bar
and the section by the next meeting.
The Clark County Bar Association is pleased to announce its
Thirty Second
Representing Vulnerable Adults
Hoarding to Financial Scams to Family Drama –
Everything You Need To Know
Presented by Jill Sasser and Victoria Kesala
Wednesday, October 9, 2013, 3:00 PM – 5:00 PM
Red Lion at the Quay
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Visit us online at: ccbawashington.org
14
Nuts and Bolts Lecture:
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15
• Send a copy of the court order appointing the GAL to the new
GAL. Make sure children ages 12 and older have also signed
the original order.
• Use the GAL mandatory court form, rather than creating an
order appointing GAL on the carbonless forms at the court
house. The latter most often creates a risk that important
language is left out of the order that assists the GAL to do the
best job for the court.
• Send the new GAL an email or letter with a list of documents
for the GAL to review on Liberty Web, but provide scanned
or hard copies of relevant confidential documents (medical,
health, financial, for example).
• Keep the GAL in the loop in the case—send the GAL copies
of all pleadings filed with the court and notify the GAL of all
hearings. Unless otherwise noted on the order appointing the
GAL, the GAL is not released until final orders are entered in
the case.
• Do not make settlement agreements between the two parties
and their counsel without apprizing the GAL before ink is put
to paper. The GAL can object to the court if agreements are
made that the GAL believes are not in the best interests of the
child/ren.
Ms. Townsend, who has been the moving force behind Title 26
GAL Training in Clark County since 2008, stated that she
prefers to use a questionnaire so that the questions are the same
for both parties. She said she does not mind talking to the
attorneys on the case about issues she is investigating. She also
noted she will travel to see parents and children in the home, if
they live in outlying areas in the county. She noted that she
prepares an “Interim Report” within the time frame requested
by the court at the time of appointment, then a “Final Report”
no less than five days before a trial in a case. She did state that
GALs have the authority to note matters onto the court docket,
but she said she only does this as a “last resort.” She clarified
that while she likes to have the funds for at least ten hours
deposited up front before beginning her work, she will start her
investigation before being paid, then will remind the parties’
attorneys by letter of the need to get the GAL fee paid.
Ms. Townsend noted that the county is in need of more trained
Title 26 GALs and invited anyone in the FL Section who is
interested to participate in the next training.
Section Member, Terry Lee, asked Ms. Townsend, who is a solo
practitioner, who would assume responsibility for her files, or
any GALs files when they die. She said that would be her
personal representative’s problem, not hers. It is a concern,
however, and one that might be discussed at a future Section
meeting, if there is interest, on the topic of retirement,
succession planning, and preparing for the unexpected when it
relates to our clients’ confidential files and materials.
Mr. Peterson then threw out questions to the panel, which
responses are summarized.
• When parties are pro se, Ms. Townsend is willing to assist
them with their court documents when she has been
appointed as GAL in the case.
• When a party brings stacks of documents and papers to a GAL
interview, the GAL should ensure the attorney for the party
also has copies.
• The GAL can propound discovery and can examine witnesses,
but --Judge Rulli noted that the GAL’s role is to “investigate
and report,” not to get involved in the trial, except as a
witness.
• When the court appoints a GAL for a child, that appointment
is not the same as when the court appoints a GAL to
investigate and report. When a GAL is appointed for a child,
the GAL is acting as advocate and attorney for the child.
• The GAL training instructs GALs not to ask specific questions
of children, but if a child volunteers information to the GAL,
the GAL is a mandatory reporter and must report what the
child tells the GAL to the police.
• If there is an open CJC/CPS investigation, the GAL should
not talk to the children until the investigation is concluded.
Mr. Peterson noted that he also does not discuss criminal
matters with a party, if there is another legal matter pending in
addition to the family law matter.
• For crises, when the GAL is involved in a case, there are
programs and services that can be made available if needed.
Ms. Vian noted, “There is an immediacy to a GAL
appointment that requires timely assessment and report to
the court, to enable the court to order services to meet the
children’s needs at that time.”
• All the panel members agreed that among resource
documents required by the GAL, these are the most
common: CPS records, police reports and records, medical
records, therapy session notes from counseling sessions with
the child/ren.
• More important than “opinion” witnesses (usually family and
friends), the GALs need first hand witnesses to describe what
they have personally seen and heard.
The next Family Law Section meeting will be on Thursday, October
10, 2013, starting at 11:00 a.m. (note the earlier start time). The
earlier time gives members wishing to obtain 1 hour CLE credit the
full time required. It also gets the judges and commissioners who
are on the bench at 1:00 p.m. back to the courthouse on time, and
provides leeway for those attorneys appearing on the modification
docket to get to court without stress. To get on the email list and to
receive an “Evite” for the meeting, contact Matt Blum at
[email protected]. County bar dues and section
membership dues are now due, and to get the member rate for the
lunch and the CLE, attendees must have their dues paid for the bar
and the section by the next meeting.
The Clark County Bar Association is pleased to announce its
Thirty Second
Representing Vulnerable Adults
Hoarding to Financial Scams to Family Drama –
Everything You Need To Know
Presented by Jill Sasser and Victoria Kesala
Wednesday, October 9, 2013, 3:00 PM – 5:00 PM
Red Lion at the Quay
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Visit us online at: ccbawashington.org
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Family Law Section Holds September Meeting
with Title 26 Guardian ad Litem Panel
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MEDICAL MALPRACTICE
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Law office of:
JANE E. CLARK
AT TO R N E Y
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1014 Franklin Street
Franklin Suites, Suite 108
Vancouver, WA 98660
Available for Referral or Association
Vancouver 360.859.3823
Portland 503.974.4161
Email [email protected]
16
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MATT BLUM
Family Law Section President
MEREDITH MCKELL GRAFF
Secretary/Editor
The Family Law Section of the CCBA kicked off its monthly
meetings for September, convening in the swanky Discovery
Room at the Downtown Hilton. We are on a two month
probationary contract with the Hilton to decide whether the
venue is a good fit for future meetings. While the sample size is
small, the venue thus far has provided superior space, seating,
and sound, while seriously lacking in potato chips according to
one unnamed source. The October meeting is also slated for the
Hilton, before our board decides to continue meetings at the
Hilton, or possibly transition back to Tommy O’s, where we
seem to have outgrown the space available. Our secretary, Josh
Pops, will be distributing evaluations via email, and attendees
can feel free to comment on the venue in their evaluations.
Most also indicated they would go back to court to request
additional fees if necessary.
Our panel of Guardians ad Litem provided the CLE portion of
the meeting. Facilitated by panel member, Attorney and FL
Section V-P, Nathan Petersen, the other panel members were
Penny Vian, a former legal assistant, Attorney Elizabeth Arwood,
and Attorney Josephine Townsend. Each provided information
about their backgrounds, training, and experiences, then each
panel member talked about how each handles Title 26 GAL
cases following assignment by the court. All the panel members
indicated that their private pay hourly rate is $75/hour and
noted that the county reimbursement is set at $55/hour. The
panel members uniformly requested a deposit of ten hours at the
private pay rate when working outside county reimbursement.
Ms. Arwood said she prefers to meet with the parents first,
rather than the children, which she does at her law office. She
gathers information, then meets with the children. When
children are older, she said she may meet them at school, or at
the residential parent’s residence. She said she likes to meet with
children ages 10 and older without the parents present. She
provided some “tips” for Section members when looking to have
a GAL appointed to their case:
• Check for the GAL’s availability and fees before asking for a
particular GAL.
• Pay the appointed GAL $750 for ten hours of work as soon
after the court makes the appointment as possible.
Ms. Vian stated that she prefers the parties or their attorneys to
send her the court documents as she does not have access to
Liberty Web. She requests payment of her fee before she starts
the case. She said her evaluation begins at the moment the court
appoints her. She interviews the children individually, first in
the residential home with the residential parent, then with the
non-residential parent at a local library branch. She said she
prefers alternative locations for children over age 14, without
parents around. She uses the library for children ages 10-14, and
also, prefers that the parents “disappear” for a while so she can
talk freely with the children. For younger children, ages 6-10,
First order of business was opening the floor to announcements.
she prefers the parents to be within calling distance. She noted
Terry Lee announced an opportunity to assist high school
that she does not interview younger children, but does observe
students through the “We the People” program on Tuesday,
them while they are playing. She also stated that she never asks
October 29, 2013, at Heritage High School. Those who volunteer questions about sexual abuse, even if it is an issue.
will have a “free meal” from 5:00 to 6:00 p.m., and with the
competition to follow from 6:00 to 8:00 p.m. The time
Mr. Peterson said he typically interviews children in his office
commitment is minimal, and is a great opportunity to meet and
with the parents in the lobby of his office. He spoke to the
talk with high school students. For further information and to
emailed handout of the GAL Rules that was sent ahead of time to
sign up, please contact Patti McMaster at 360-604-3700 ext. 8777. the FL Section members, noting that “ex parte communications,”
such as those barred by the attorney ethics rules are not
Clark County Superior Court Clerk, Scott Weber, also
proscribed for a GAL investigating for the court. On the other
announced that Liberty Web will be available for District Court hand, he reminded us that the GAL is not permitted under the
cases. Those with Liberty Web accounts who want the expanded GAL Rules to have any ex parte communication or contact with
access should contact Nancy Campbell at the District Court to
the judge assigned to the case. He stated that he does not use a
add District Court scanned documents to their Liberty Web
questionnaire for the parties but asks the questions directly when
accounts. No mention of an additional fee was made with this
he meets with each party. He reminded members that the GAL
announcements, so it remains to be seen whether bar members file is discoverable and may be obtained upon request by the
will pay more for this expanded access to court files.
attorneys representing the parties in a case.
13
Gonzaga University, School of Law, in 2007. While in law
school Stefanie worked as an intern for the City of Coeur
d’Alene doing work in both criminal and civil areas of law. After
law school she was hired as an Assistant City Attorney for the
City of Vancouver where she successfully prosecuted numerous
misdemeanors and domestic violence cases. Since joining Green
& Ritchie, PLLC Stefanie now focuses her efforts on family law
cases, including divorces, modification of parenting plans, and
child support.
Veterans Advocates (NOVA), and Washington and Clark
County Elder Law Sections. Christie is also an accredited
attorney for the preparation, presentation and prosecution of
claims for veterans benefits before the Department of Veterans
Affairs. In her spare time, Christie enjoys spending time with her
family, traveling, kayaking, sports and her three dogs.
Upcoming Young Lawyer Events:
September Happy Hour Meeting-To be Determined
October 8th-Criminal Defense Panel CLE, 12 p.m. Public
Service Center
Social Chair-Jeff Ott
Jeff grew up in Mohawk, Oregon near Eugene. He left the Pacific November 12th-Business Law CLE 12 p.m., Public Service
Center
Northwest to attend school at Macalester College in St. Paul,
Minnesota. He holds a Bachelor’s Degree in Cultural
Travis O'Neil, Treasurer, will be taking registration by email,
Anthropology and returned to Eugene to attend law school at
[email protected], and payment will be taken at the door.
University of Oregon. Jeff runs his own law practice, Jeffrey D.
Ott, PLLC, and represents clients in the areas of criminal
Cost: $10.00 - CLE for CCBA Young Lawyer
defense and family law. Jeff is knowledgeable on brews, and
$25.00 - CLE for CCBA Members
served on the Board of Portland Beer Week.
$35.00 - Non CCBA Members
Immediate Past President-Christie Martin
A “Young Lawyer” is defined as an attorney that has been in
Christie grew up in Miami, Florida. She entered the U.S. Air
practice for 5 years or less or is 36 years of age or younger,
Force directly out of high school, serving as a jet engine
whichever is later.
mechanic domestically and overseas. Christie earned her
undergraduate degree in sociology and political science from
If you would like to receive emails to learn more about Young
UC Davis and subsequently graduated from Syracuse University Lawyers events, please email [email protected].
with a master's in public administration and a law degree.
Also, “Like” us on
Christie is a member of the Washington State Bar, Clark County Facebook.https://www.facebook.com/ccbayounglawyers
Bar, Washington Women Lawyers, National Organization of
WASHINGTON WOMEN LAWYERS
CLARK COUNTY/ST. HELENS CHAPTER
BROWN-BAG LUNCH MEETING ON THURSDAY, November 14, 2013
12-1:00 PM, Clark County Public Service Center Training Room – 6th Floor
Join us for a discussion about up-coming Chapter events. We look forward to
hearing your ideas and interest in participation/organization of events.
In addition, if you are interested in becoming a Chapter Board Member, we are seeking
nominations for open Board positions. Please send us an email with your position
nomination and qualifications to : [email protected] on or before November 1st.
Open Chapter Board Positions:
President • Vice-President • Secretary • Treasurer • Board Member-At Large
We will be providing complimentary snacks and beverages!
Bring your own lunch, or Order a box lunch
from The Dragonfly Café (approx. $10)
Call The Dragonfly Café at 694-8002 to order your lunch
Pick-up your lunch before heading upstairs for the luncheon!
12
Calling All Justice Seekers
SUSAN ARNEY
CCVLP President
The Clark County
Volunteer Lawyers
Program has been
part of the Clark
County legal
community since the
early 1970s and has
been supported by
hundreds of volunteer
lawyers like you over
the years. The
CCVLP provides
legal services in civil
matters to low income persons with matters in the Clark County
court. In 2012 we served over 800 clients with a staff of two and a
half people.
We couldn’t do our work without the dedicated volunteer
lawyers. But, we also couldn’t do anything without the funding
to pay staff, rent, phones and other overhead costs. This is
where you come in. Our funding has decreased over the last five
years as our grants from the Legal Foundation have decreased
due to the hard economic times. The economic turndown
affects the rates of Interest on Lawyer Trust Accounts, but it
impacts our low income population even more. In a time when
more people need legal help, we are faced with less funding to
help them. We are counting on the legal community to help
take up the slack and support the work we do.
You can help people like Autumn – volunteer, but also donate to
the Campaign for Equal Justice. We are having our annual
phonathon on November 14th. For every dollar you donate,
CCVLP receives two dollars. That is over a 200% return on your
investment. These dollars make the difference in keeping our
services at the current levels.
The Campaign for Equal Justice is Washington’s annual fund
drive, which secures vital operating support for over 20 civil legal
aid and volunteer lawyer programs across the state, including the
CCVLP. By running a statewide collaborative campaign, more
resources are pooled together to work toward a future where no
individual or family is denied basic human needs – like housing,
income and safety – because they cannot afford legal help.
When you answer the call on November 14th please consider
the reasons that you decided to become a lawyer – to help
others, to fight injustice, to make a good living. Consider these
reasons and then consider what a donation of one billable hour
could do in your community. Your gift could…
…keep a family safe from domestic violence.
…assist tenants being evicted with the eviction process.
… help consumers file bankruptcy and restore their income.
…restore faith in our justice system.
Do you need more incentive than ensuring access to justice and
receiving over 200% return on your gift? All donors who make a
gift during the phonathon will be entered to win one free roundTake, for example, Autumn’s story. Autumn* is a single mother and trip domestic airfare ticket for 2014!
the sole provider of her two children. Autumn and her ex-husband
divorced several years ago and she works two jobs in order to provide If you do not wish to be called, please make your donation
for her family. It has not been easy, but Autumn takes comfort in before November 12th. Thank you to everyone in Clark who
knowing that her children have had a safe and stable upbringing
has already made a gift this year. Donations can also be made
because of her hard work. One day, creditors approached her
online at www.c4ej.org (mention this article to be entered into
claiming that she owed over $40,000 for debts incurred by her ex- the drawing) or mailed to the Campaign for Equal Justice, 1325
husband. This amount of money would cripple her family’s finances, Fourth Avenue, Seattle, WA 98101.
and Autumn knew that these debts were not hers to pay, but she
continued to be threatened by the collections agency. Autumn
If you are interested in volunteering to call during the
tried to work with the agency, but the process was confusing and
phonathon, please contact Susan Arney at [email protected] by
the collections agency had lawyers. Eventually, with the help of an November 4th. Food and beverages will be provided. Join us for
attorney from CCVLP, Autumn was able to file bankruptcy and free an afternoon of calling friends and colleagues for a great cause!
herself from her marital debt. Thanks to her lawyer, Autumn kept
food on the table and a stable home for her children.
*Client name has been changed to protect identity.
17
Young Lawyers’ Section
Loowit Brewing Company
Tempts the Bar
Clark County Bar Association Young Lawyers
On August 29th, The Young Lawyers Section held elections,
during their monthly happy hour meeting. Meet the 2013-2014
Young Lawyers of Clark County Board Members.
DON JACOBS
President-Elizabeth Arwood
So it's a hot Thursday night and I find myself on a barstool
sipping a cool pint at Loowit Brewing Co. The garage door is
open and the place is packed. People are playing darts and the
staff is hustling around trying to make sure nobody is thirsty. I
look around and lo and behold, the place is full of lawyers.
Criminal defense folks, family law types, county prosecutors and
even one of our judicial officials, (not to mention the old
personal injury lawyer at the bar). Felt like an Inns of Court
meeting without the ethics credit. Good grief, can this really be
true? An actual craft brewery in the Couve? Wait, there's more.
We are about to have three operating craft breweries within
walking distance of the courthouse.
In late 2011 Mt Tabor Brewing apparently got tired of those
sanctimonious Portland beer drinkers and moved its entire
operations to Vancouver. You can find them across from Little
Italy just off Washington. And Dirty Hands Brewery is set to
open up in September in the old Sister and I Cafe space at the
corner of Evergreen and Broadway. Truth be told, we have had
local brewers in the Couve for some time. McMenamin's on the
Columbia, Laurelwood out in Battle Ground and the Salmon
Creek Brew Pub have been fixtures for a while.
Of note is the Salmon Creek Brew Pub's new ownership and
change of name to Old Ivy Taproom. And some slightly
inebriated research discovered several new breweries are about
to tempt us locals with more craft brews. Heathen Brewing,
Ghost Runners, West Highland, Amnesia, and Bearded Brothers
Brewing out in east Vancouver are all set to serve up pints in the
near future. Which means someone is going to have to visit
these establishments and report back to the CCBA. Our readers
deserve no less.
"L" flashing on and off on
the roof. Ah, the good ole
days. Lucky closed up
shop in 1985 and shipped
its equipment off to China.
But fast forward to 2013
and Loowit Brewing Co.
Loowit is owned and
operated by two local boys,
Tom Poffenroth and
Devon Bray. Tom and
Devon graduated from
Evergreen and Mt. View
respectively in the 90's.
Tom went into
construction and Devon
worked as a network tech. They started brewing beer at home and
found they were pretty good at creating some tasty suds. While
backpacking the Loowit trail around Mt. St. Helens they came up
with the name. With help from relatives they were able to
purchase some dairy tanks and went into the brewery business.
The work has been hard and the hours long. Tom still does
construction during the day. Devon now spends most of his
time at the brewery next to Torque Coffee, across from the
Hilton. They're up to 36 kegs a month and growing. Hours of
operation will probably be expanded soon and there are plans to
open a kitchen. Current summer hours are 4-8 Thursdays, 4-10
Friday and 12-10 Saturday. Live music may even grace the
brewery some nights. But the beer is the draw.
These two know how to make beer. Try out their award winning
Vidalia Summer Ale. If you like that hoppy feeling, go for their
Writing brewery reviews for Hearsay can be a thankless job but Shadow Ninja IPA. Or try the just created Master Splinter
somebody has to do it. Fortunately I've had difficulty passing
Barrel - aged IPA, aged one month in Jack Daniels barrels. My
bars since I got out of law school so my credentials are solid. For favorite was the Silver Star Saison. Smooth and refreshing with
those of you as long in the tooth as I, you'll recall the only
nice balance. To put you in a mood for karaoke, try their
brewery we had in Vancouver for a mighty long time was the
Truman's Goddamn Strong Ale. And by the time you read this,
Lucky Brewery in downtown. Not exactly a craft beer hangout. a new addition should be out, the Tiger Squadron Pale Ale.
When this reviewer first came to town in 1979 the Lucky
Brewery was an old dirty looking six story factory building
dominating the downtown skyline. It featured a big red neon
18
So who really needs a new bridge anyway? Why fight the traffic
to hit a brew pub across the river when you can frequent a tasty
local establishment right here in the Couve!
Elizabeth is a Portland Native, and returned after law
school. She earned her undergraduate degree at University of
Oregon. She holds an M.B.A., with honors, and a J.D., magna
cum laude, from Gonzaga University. During law school,
Elizabeth discovered her passion for juvenile law and criminal
defense by interning at the public defender. She opened her own
practice, Arwood Law, PLLC, in 2011 to continue working in
these areas. She currently practices in the areas of juvenile law,
criminal defense, and family law, including working as a Title 26
Guardian Ad Litem. Elizabeth enjoys spending time with her
husband, Matt Blum, also a Vancouver attorney. They enjoy
activities with their Schnoodle dog, “Sugar,” and both take Sugar
to work as much as possible. Elizabeth enjoys yoga, travel,
reading, and dramatic television programming.
Juan, Puerto Rico. While in Puerto Rico Travis became fluent in
Spanish, and completed his undergraduate studies in Marketing
at the Interamerican University of Puerto Rico in May of 2007.
Several years later, Travis was admitted to study law at the
Interamerican University of Puerto Rico School of Law. Upon
completion of his legal studies and graduation in May of 2012,
Travis returned to Vancouver, and was admitted to practice law
in Washington in the spring of 2013. Travis currently aspires to
be a prosecuting attorney.
Secretary-Katie Sinclair
Katie Sinclair grew up in Olympia, Washington. She received her
bachelor's degree in European Studies from the Jackson School
of International Studies at the University of Washington.
Deciding the law was for her, Katie went to Gonzaga University
and graduated with honors in May 2012, with her Juris Doctorate
degree. Following the bar exam, she married her best friend,
Jordan Fink, and the two moved to the Vancouver-Portland area
soon after. Outside of work, Katie enjoys traveling, hiking, and
enjoying all of the delicious food Portland has to offer.
Membership Coordinator-Stefanie Ellis
Vice President-Nathan Petersen
An Idaho native, Stefanie Ellis graduated cum laude from Boise
Nathan was raised in Spokane, WA and received his
State University in 2004 and received her Juris Doctorate from
undergraduate degree at Brigham Young University in Provo,
Utah. He then attended law school at the University of Houston
in Houston, Texas. After graduating from law school, he became
licensed in Texas and began practicing in medical malpractice
defense. Since Nathan and his wife Leaa, who is from
Washington State as well, wanted to get back to the Pacific
Northwest, he took and subsequently passed the Washington
State Bar. In 2011, he opened his own practice focusing on
family law in Vancouver, WA. Nathan has two children Corinne,
4 and Jaxton, 20 months. He enjoys playing guitar, reading and
winning in court.
Representing Injured
Workers on Their
Washington Claims
Busick Hamrick, PLLC
Treasurer-Travis O’Neil
Travis Michael O’Neal is a Vancouver native and graduate of
Skyview High School. At the age of 21, Travis moved to San
Conference Room
available to rent
The CCBA’s office conference room
is available for meetings
and depositions at reasonable rates.
Steven L. Busick Frances R. Hamrick Douglas M. Palmer
Call Lisa at: 695-5975
1915 Washington Street Vancouver, WA 98660
(360) 696-0228
11
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/ĂůǁĂǇƐƚƌǇƚŽƌĞŵĞŵďĞƌƚŚĂƚǁŚĂƚǁĞĚŽĂīĞĐƚƐŽƚŚĞƌƐĂŶĚǁĂŶƚƚŽďĞƐƵƌĞƚŚĂƚ/ĚŽŶŽƚŐĞƚƚŽŽĚĞĞƉůǇŝŶƚŽƚŚĞĐĂƐĞƚŚĂƚ/ĨŽƌŐĞƚƚŚĞĞīĞĐƚƐŽŶ
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>ĂƚĞƐƚĐĐŽŵƉůŝƐŚŵĞŶƚ͗/ĂŵŶŽƚƐƵƌĞŚŽǁƚŽĂŶƐǁĞƌƚŚŝƐƋƵĞƐƟŽŶ͘^ĞĞŝŶŐŵǇŽůĚĞƐƚďĞŐŝŶŚŝƐũƵŶŝŽƌǇĞĂƌŝŶĐŽůůĞŐĞ͕ŵǇƐĞĐŽŶĚďĞŐŝŶŚŝƐũƵŶŝŽƌ
ǇĞĂƌŝŶŚŝŐŚƐĐŚŽŽů͕ĂŶĚŵǇĚĂƵŐŚƚĞƌďĞŐŝŶŚĞƌĨƌĞƐŚŵĂŶǇĞĂƌŝŶŚŝŐŚƐĐŚŽŽů͘ůƚŚŽƵŐŚ/ŚĂĚůŝƩůĞƚŽĚŽǁŝƚŚĂŶǇŽĨƚŚŽƐĞĞǆĐĞƉƚƉĂǇŝŶŐƚŚĞďŝůůƐ͘
N&BǦBeyondBreachoftheInsurancePolicy:
BadFaith,CPA,andIFCAClaimsAgainst
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ͳͳǡʹͲͳ͵
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$50forMembers
$70forNon–Members
GeneralCLEs: $35/HourforMembers
$45/HourforNonǦMembers
tŚǇ/ŽtŚĂƚ/Ž͗tŚĞŶ/ǁĂƐŐƌŽǁŝŶŐƵƉŝŶŚŝĐĂŐŽ͕/ŚĂĚĂŶĞŝŐŚďŽƌǁŚŽǁĂƐĂŶĂƩŽƌŶĞǇ͘,ĞŚĂĚĂǇŽƵŶŐĨĂŵŝůǇĂŶĚĂůǁĂǇƐƐĞĞŵĞĚƚŽďĞ
ĂƌŽƵŶĚĨŽƌŚŝƐĨĂŵŝůǇŝŶƚŚĞůĂƚĞĂŌĞƌŶŽŽŶƐĂŶĚĞǀĞŶŝŶŐƐ͘/ůŝŬĞĚƐĞĞŝŶŐŚŝŵǁŝƚŚŚŝƐŬŝĚƐĂŶĚĂůǁĂǇƐƚŚŽƵŐŚƚƚŚĂƚŝƐŚŽǁ/ǁĂŶƚĞĚƚŽďĞĨŽƌŵǇ
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ĨŽƌŵǇŬŝĚƐ͘
WƌŽĮůĞ͗DĂƌƌŝĞĚƚŽĂƌďĂƌĂ͕ĂsĂŶĐŽƵǀĞƌ^ĐŚŽŽůŝƐƚƌŝĐƚƚĞĂĐŚĞƌ͕ĨŽƌϮϳǇĞĂƌƐ͕ƐŽŶŽŶŶŽƌ͕ϮϬ͕ũƵŶŝŽƌĂƚDŽŶƚĂŶĂ^ƚĂƚĞhŶŝǀĞƌƐŝƚǇ͕ƐŽŶ^ĞĂŶ͕ũƵŶŝŽƌ
ĂƚĞŶƚƌĂůĂƚŚŽůŝĐ,ŝŐŚ^ĐŚŽŽů͕ĚĂƵŐŚƚĞƌ<ĞůůŝƐ͕ĨƌĞƐŚǁŽŵĂŶĂƚĞŶƚƌĂůĂƚŚŽůŝĐ,ŝŐŚ^ĐŚŽŽů͘
ĞǀĞƌĂŐĞŽĨŚŽŝĐĞ͗ƌŽǁŶĂŶĚϳŽƌŵĂƌŐĂƌŝƚĂ͘
/ĨǇŽƵǁĞƌĞŶŽƚĂůĂǁǇĞƌ͕ǁŚĂƚǁŽƵůĚǇŽƵďĞĚŽŝŶŐǁŝƚŚǇŽƵƌĐĂƌĞĞƌ͍/ƵƐĞĚƚŽĂƐŬŵǇƐĞůĨŝŶĐŽůůĞŐĞǁŚĂƚ/ǁŽƵůĚďĞĚŽŝŶŐŝĨ/ǁĞƌĞŶŽƚŝŶĐŽůͲ
ůĞŐĞ͘dŚĞĂŶƐǁĞƌƚŚĂƚŬĞƉƚĐŽŵŝŶŐďĂĐŬǁĂƐĚƌŝǀŝŶŐĂďĞĞƌƚƌƵĐŬŝŶŚŝĐĂŐŽ͘/ƐĂŝĚƚŚĂƚƚŽŵǇŐŽŽĚĨƌŝĞŶĚZĂŶĚǇ^ƚĞǁĂƌƚŽŶĞĚĂǇĂŶĚƚŚŽƵŐŚƚ
ƚŚĂƚďǇƚŚŝƐƟŵĞ/ǁŽƵůĚďĞƌƵŶŶŝŶŐƚŚĞƵŶŝŽŶĨŽƌƚŚĞďĞĞƌƚƌƵĐŬĚƌŝǀĞƌƐ͘EŽƚƐƵƌĞ/ůŝŬĞƚŚĂƚĂŶƐǁĞƌĂŶǇďĞƩĞƌ͊KƚŚĞƌǁŝƐĞ͕ĂŚŝŐŚƐĐŚŽŽůĨŽŽƚďĂůů
ĂŶĚďĂƐŬĞƚďĂůůĐŽĂĐŚ͘
10
19
April Title 11 GAL Training
VICTORIA KESALA
CCBA Board Meeting Minutes
ARIN DUNN
CCBA Secretary
We have a great local and affordable CLE coming up in April
2014: Title 11[1] Guardian ad Litem training. This training will
qualify attendees to apply to be listed on the court registry[2] of
Guardians ad Litem for guardianship cases.
Dates: April 3, 2014 is Basic Training for Title 11 Guardians ad
Litem (GALs) and April 4, 2014 is recertification for GALs
already on the registry.
Another role, sometimes filled by an attorney and sometimes by
a non-attorney, is the Guardian ad Litem (GAL). The
appointment of a neutral GAL is mandatory in almost all
guardianship cases. The role of the GAL is to investigate the
situation and report to the court as to whether a guardianship is
recommended and if so, who should be appointed as the
guardian. A GAL need not be an attorney. Many of our local
GALs are people with a background in mental health,
gerontology, health care and/or social work.
Location: Red Lion at the Quay, Vancouver, WA
Cost: to be finalized, estimated cost is $275 for both days and
$100 for re-certification only
Why attend this training? Many attorneys in the guardianship
area take advantage of the GAL training to improve their subject
matter knowledge from a different point of view, or maybe just
because the subject matter is interesting and the cost of our local
CLEs compares favorably with traveling to Seattle to attend
certification or recertification training.
The training in April will feature many of our local subject
matter experts. It will be thorough and interesting. The first day
is basic GAL training. Anyone with no knowledge of
guardianship would benefit greatly from attending this session,
which gets down to the basics, step by step. Practical advice and
local conventions will be emphasized in addition to a
comprehensive overview of the statutes that apply to
guardianship and the GAL role. Note: this is not GAL training
for family law or dependency cases – it is only for guardianship
cases. The second day will be at a more intermediate level. A
variety of sub-areas will be covered, with a focus on emerging
issues and the subjects our local GALs, and last year’s attendees,
have requested more information about. We normally like to see
at least one specialty presentation on a mental health topic. Last
year we had a fantastic presentation on hoarding that many of us
put to immediate use in our practices. Some of us even cleaned
our garages out after that presentation, just to be sure we
actually could! We have excellent support from our local bench
for this training. Our judges value the GAL role and want us to
have training available locally. I look forward to seeing the
finalized schedule of speakers for 2014.
Also, the guardianship law community in Vancouver is thriving.
We have a lot of work to do. Did you know that every day
10,000 Americans turn age 65? Not all of them will need a
guardian within the next 40 years, but the aging of our
population as a whole is creating more age-related health issues
for our community. Many people will need help from a guardian
or other surrogate decision maker. Alzheimer’s disease and
other forms of dementia are the most expensive diseases in
America. Cancer does not even come close to dementia in terms
of expenditures for health care. Guardianships are filed for other
reasons as well, but dementia is a very common diagnosis
involved in guardianship cases. Most of us know someone with
The Clark County Title 11 GAL community is active and
dementia in our own circle of family and friends.
friendly to newcomers. We have an informal group that meets
on a monthly basis, sometimes with a speaker and sometimes
There are several roles in each guardianship case. In addition to just to discuss issues among ourselves. We find the exchange of
attorneys filing the guardianship petition to start each
information and expertise between attorney GALs and nonguardianship case, we also have attorneys representing other
attorney GALs works to the advantage of both populations. The
involved parties, such as family members and public entities.
contact people for that group are Victoria Kesala (360-326Attorneys are also sometimes appointed to represent alleged
3083) and Lisa Rasmussen (360-281-2886).
incapacitated persons. Once a guardianship has been
established, there may be a guardian appointed other than the
original petitioner, and another attorney may become involved
in the case to represent the guardian.
[1] RCW Title 11 includes the main guardianship statutes: 11.88 and 11.92.
[2] The contact person for questions about the registry and requirements in addition to the training is Jeffrey Amram, Superior Court Administrator 360-397-2150.
20
b. CLE. Private entities seek affiliation with the CCBA on
dually offered CLEs and to access CCBA resources. Which
Board members in attendance: J. Clark (presiding); A. Dunn
the CCBA rejects to retain revenue and improve local
(preparing minutes); JD Nellor; R. Mc Leod; J. Sasser; J.
offerings. Discussion and agreement.
Fairgrieve, and L. Mancuso. Lee Ann Larson attending. Staff in c. Authorized expenditures for Lisa. Discussion and agreement
attendance: L. Darco.
that this item should go into the Bylaws which is a project
currently being separately addressed. Darco seeks approval
1. J.Clark called the meeting to order at 12:00 PM EXACTLY.
for office supplies. Discussion of showing percentage of
annual budget spent to date, etc. Discussion of providing
2. Approval of minutes from August 7, 2013. On motion duly
receipts to Board for discussion and input. Nellor will add a
made and seconded, and passed, minutes are APPROVED.
percentage column. Sasser proposes that we review actual
books and receipts next month. Discussion of conducting an
3. Treasurer’s Report. JD presented the financial report. CCBA
audit to help organize old information and develop improved
is operating at a profit this month, particularly with dues coming
procedures.
in. Dunn inquired about a possible investment account.
i. Clark Motion: Increase annual staff training budget
Discussion of need for liquidity and securing assets. Discussion
to $300. On motion duly made and seconded, and
of possible CD, T-bills, etc.
passed, motion is APPROVED.
d. Office Procedures. Darco discussed challenges of seeking to
4. Old Business.
understand rules and guidelines for her job where nothing is
a. Survey. Original intent for survey was to determine if
documented. Dunn requested developing an office
membership was interested in a new website. Given that this
procedures manual. Fairgrieve is already seeking templates
issue was specifically resolved in a Special Meeting, Dunn
for possible use by the CCBA to get this project started.
proposed mothballing the survey until additional issues arise
Clark wanted a sub-committee on this issue and Mancuso and
that present a need for additional member input. Clark
Dunn volunteered to assist Darco.
agrees. Sasser discusses tabling until next year before sending e. Phone-athon. WSBA Legal Foundation seeks to develop a
out membership (next May).
volunteer project for the Equal Justice Project to get attorneys
b. Mentorship Program. Fairgrieve explained that Darco sent
to call their attorney friends as a fund raiser. Discussion of
out 3 emails on the program. 25 mentors are available.
whether the CCBA should support local programs such as the
Fairgrieve is proceeding with this pilot program with 5
VLP or the Equal Justice Project. Larson explained that the
mentees. Fairgrieve may put the program on hold until
Foundation provides extensive support to our local VLP.
additional mentees express an interest, but plans to give
CCBA will publish an article to give the WSBA program
mentees the option to proceed.
support.
c. Attorney Service Day. Sasser tabled for next month.
i. Sasser Motion: Seeks approval for $100 pizza budget
d. Hearsay Invoice (Hansen). Darco presented a proposed
for WSBA fund-raiser participants. On motion duly made
collections letter drafted by Dunn to send to this former
and seconded, and passed, motion is APPROVED.
advertiser that never paid as agreed.
f. Social Committee:
i. Clark Motion: Approve letter. On motion duly
i. Christmas Ships. Seeking a Santa and candy canes.
made and seconded, and passed, motion are APPROVED.
Tickets to be offered.
e. Website. Darco explained that the contract is executed and
g. Dual License Attorneys: 1,500 Portland attorneys are licensed
the website is currently under construction. A workable
in Washington. Cost to purchase list from WSBA is expensive.
version may be available by annual meeting. Dunn suggested
Therefore, CCBA will create its own list and use it moving
purchasing shorter domain names.
forward for membership and to advertise CCBA offerings.
September 4, 2013
5. New Business.
a. Approval of Software. Darco is purchasing new Microsoft
Office software as discussed.
6. There being no more business before the board, on motion
duly made, seconded, and passed, the board meeting is
ADJOURNED, 1:05 PM.
9
DOUBLE HEARSAY
Kurt R. Lundquist, J.D., C.P.A.
Principal and Founder
KRL Advisors, LLC
www.partnercompensationblog.com
www.krladvisors.com
I.
Partner compensation system 5 broad goals:
1. Fairness: In reality as actually applied and perceived that way by the partners; applied
without bias or nonperformance-based favoritism.
2. Understandable: By the partners themselves; simple and straightforward; not unruly
complex or mysterious as to the connection from specific performance to compensation
received. Fully documenting the system is recommended (i.e. in firm's operating
agreement).
3. Efficient: Process not overly time-consuming and burdensome to partners and
compensation decision makers/leaders.
4. Desired Partner Behaviors: System promotes and rewards all the partner actions necessary
for the firm to be successful. Specifically identifying and weighting the behaviors by order
of importance/priority is recommended.
5. Firm goals & objectives (more recent trend): System promotes and rewards partner
behaviors that move forward identified firm-wide business strategy(s).
II. Vonn & Miller: Example fictitious law firm comprised of
• 4 Partners (all equal equity owners)
• 1 Associate
• 1 Paralegal
III. Partner compensation menu of systems – historical and current trends (applied to Vonn & Miller):
1. Profit-center approach ("Eat What You Kill")
2. Equal-sharing (ownership % based)
3. Lockstep -- pure & modified
4. Objective formula
5. Subjective judgment
6. Current trends:
(a) Hybrid systems that employ both objective-formula and subjectivejudgment elements
(b) Bonus pools outside but supplemental to the primary system
IV. Distinct and potentially thorny issues:
1. Partner management time
2. Origination credit – should there be a time limit?
3. Marketing time – how best to promote & reward?
4. Seniority – should it matter?
5. Effort v. results
6. Balance between rewarding: long-term sustained performance v. outstanding one-year
accomplishments
7. Allocating large/premium fee profit (comes up most often in contingent fee cases)
8
What CCBA Members
Are Doing About Town
RAISA JUDICATA
Guest Gossip Columnist
Clark County ROCKS
Cowlitz! On August
21st at the Cowlitz
County motion docket
the Clark County attorneys outnumbered the
Cowlitz attorneys. Lori
Ferguson and Jean
McCoy lamented that
they didn’t carpool, like
the budding soccer
moms they are. Jim
Senescu and Dick Matson were game for a picture to commemorate the ultimate domination. Christie Martin and Julie Payne
escaped before the group could congregate and make history in
front of the Hall of Justice. Earl Jackson must have been
involved in a long case, because no one ever saw him exit the
building. Considering there were only a couple of Cowlitz attorneys and one from Seattle, it was a clear rout, perhaps not to be
seen again in our lifetime. A phone tree is being set up for future
docket caravans.
Wonder Twins duo Chris
and Mila Boyd finished the
6th Annual Cascade Lakes
Relay in August with their
team Walker, Texas Ranger
in the top third of all participants. They no longer do the
Hood to Coast, but take to
the High Desert and run a
Chris and Mila Boyd are much cuter than the
216 mile relay in Central
Wonder Twins, but we hear they run just as fast!
Oregon. So far they have
been shy about pictures – the relay does host a costume contest,
so maybe there is tangible evidence of just how cute they really
are? Any Hood to Coasters want to share their joy – or the
agony of their feet? Contact Raisa!
Recent Bar Exam Graduate, Erin
Lambley, is also an extremely
accomplished singer, as well as
budding philanthropist. Both
Erin and Juliet Laycoe were on
the 2013 Planning Committee
Tom D'Amore, of D'Amore Law Group (he
for the luncheon supporting the
is the good looking guy in the ads with the
Legacy Salmon Creek Medical
wonderful hair), was recently honored with
Center’s Child Abuse Assessthe 2013 Distinguished Service Award by
ment Team (CAAT). The
the American Association for Justice (AAJ).
CAAT group provides abuse
The award, presented during the AAJ Annual
assessments on behalf of law and
Convention in San Francisco, honors attorsocial service agencies to deterCongratulations to Tom
neys
who
go
above
and
beyond
their
mine the presence and nature of
BFFs Erin Lambley and Jill Sasser celebrate
on Distinguished Service!
Erin’s law school graduation
commitment to the principles of the civil
the problem, then coordinating
justice system and AAJ’s mission. Tom was one of nine trial
with other organizations to ensure the children of abuse have the
attorneys nationwide to receive this year's award. He is also a
treatment and resources they need. There is seemingly direct
member of the Board of Governors of the AAJ, and was elected correlation between childhood abuse that is untreated or not
to serve on the AAJ Executive Committee. Tom has good infor- treated correctly, and serious health issues arising in adulthood.
mation on his site with publications and other materials for
Money spent today on children’s welfare can save society hunconsumers. Visit him at: http://www.damorelaw.com/
dred fold when future health risks are lowered that may
otherwise fall to social services. Now, back to the main point of
21
the story – Erin Lambley sings like an angel. At the CAAT
Luncheon she sang Somewhere Over the Rainbow, based on a
version made popular by Hawaiian singer Israel Kamakawiwo'ole. If her budding future as a business attorney at
Landerholm fails, she could try the Vegas circuit!
Speaking of Bar Exam results, Benjamin Paul Melnick (son of
Judge Rich Melnick), a Gonzaga graduate, also passed the Summer Bar Examination. Now the hard work commences! Rumor
has it Ben will be working at the Harlan Law Firm – what do you
want to bet Dad swears him in!
Your esteemed colleague Raisa Judicata can’t be everywhere. If you
have a tidbit of news you would like the world to know, send a note
to [email protected]. Raisa usually checks in the first Monday of every month. Remember, it is your ethical duty to support
your member organization with juicy gossip and goings on.
The Clark County Bar Association Presents a Brown Bag CLE:
Presented by Kurt Lundquist
October 21, 2013, Noon – 1:30pm
Public Service Center Training Room
Clark County Law Library Spotlight on:
1.5 CLE General Credit
$52.50 for CCBA Members - $105.00 for Non-members - $26.25 for Non-attorneys.
Business
To register: call the CCBA at (360) 695-5975, OR email: [email protected], OR
FAX this flyer to (360) 737-6891 with your BAR NUMBER _________________________,
MARIA SOSNOWSKI
NAME __________________________________ PHONE #_________________________,
Law Librarian
and EMAIL _______________________________________________________________.
th
Payment can be mailed to 500 W. 8 Street, Ste 65, Vancouver, WA 98660 or via credit card over the phone.
Business/corporations is our focus this month. Did you know
that if you search www.wsba.org for attorneys who indicated
business/commercial as one of their practice areas, you come
up with 85 names in Vancouver? And this isn’t even counting
those whose business address is outside of the city but still in
Clark County.
The law library has many resources in this area of the law. We
have more than 30 CLEs that cover topics ranging from form
selection, starting a business, selling a business, contracts, financial distress, and other issues.
There are also Washington-specific books on this topic,
which are:
• Business Law from the Washington Practice set
• Washington Partnership and LLC Deskbook
• Washington Business Entities Law and Forms
• Washington Business Corporations Act Sourcebook
• Washington, Oregon, and Alaska LLCs
• Washington Nonprofit Handbook
These are some of our national materials on this subject:
• Contemporary Corporate Forms
• Form a Partnership from NOLO
• Business Associations Nutshell
•
•
•
•
•
Macy on Corporation Laws
Consulting and Independent Contractor Agreements
McQuillen on Municipal Corporations
Fletchers Cyclopedia of the Law of Private Corporations
Fletchers Corporation Forms
If you are seeking a broad understanding of the topic, don’t forget about American Jurisprudence, which offers a good overview
of the topic for those who are new to the area. It’s a good way to
learn the concepts and language.
You can see our online library catalog at:
http://www.clark.wa.gov/law-library/catalog.html to search for
a book by title or search by key words in titles such as “real” or
“tenant” to bring up all titles including that word.
Also, if you are in need of a title that we don’t have, we are able
to obtain interlibrary loans from the Washington State Law
Library. You can search their catalog at:
http://lawlibrary.courts.wa.gov/ and let us know if there are
titles you would like us to borrow for you. Emailing us the link
to the title you would like to see is the easiest way to do that.
We also have other sources for loans if needed. Email can be
sent to: [email protected] and you can call us at
360-397-2268 with questions.
Advertise in next month’s HEARSAY
Call Lisa Darco at 360.695.5975 for rates and availability.
22
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lawyers union is zealously fighting this request. Sounds like we
may be going to litigation!
The game was not without a few injuries as Judge Collier, who
failed to properly stretch before the game, pulled a hamstring,
and Judge Gonzales reinjured the same elbow that he hurt last
year. A 24-hour Fitness membership may be in their future.
The senior lawyers may have found a new player for next year in
Dayle Rae. Dayle is Judge Clark’s judicial assistant. Dayle was
6
sitting in the bleachers with several other judicial assistants when
a foul ball was hit over the backstop. While the other judicial
assistants went diving in different directions, Dayle, without
even blinking, caught the foul ball barehanded and on the fly.
Next year’s senior catcher?
All in all, it was a great time and a lot of fun for both the players
and the spectators. This event keeps growing and I hope it will
continue. Is there a four-peat in the future?????
23
Senior Lawyers Three-peat;
70 year-old MVP
JEAN McCOY
Susan Arney, Executive Director
Ashley Belisle, Program Coordinator
Administrative: 360-823-0423
E-mail: [email protected]
September is an anniversary for me. I have been with the
CCVLP for nine years. I started in 2004 and came from a background of small business and non-profits. I knew nothing about
legal aid. The years have flown by and now I know many of you. I
really enjoy my job, especially working with all the attorneys
who volunteer. It has been a wonderful nine years and I look forward to the years to come.
Susan
MANY THANKS TO ALL THE ATTORNEYS AND
PARALEGALS WHO STAFFED THE ADVICE CLINICS,
HOMELESS CLINICS, PROVIDED REPRESENTATION,
AND VOLUNTEERED IN THE HOMELESS COURT IN
THE MONTH OF JULY
HOMELESS COURT:
Nick Alexander, Chuck Buckley, Heather Carroll.,
Jeff Courser, David Feeney, Abby Powell, Diane Sweet
HOMELESS SHELTER:
Heather Carroll, Peter Fels, Gavin Flynn, Dustin Klinger
HOUSING JUSTICE PROJECT:
Gideon Caron, Tresa Cavanaugh, Ed Dawson,
Scott Matthews, Mike Reid, Bill Robison, Ben Wolff
HOME FORECLOSURE PROJECT:
Jeff Holmes, Carolyn Simms
Statistics for JULY
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DIRECT REPRESENTATION
Stanley Horak, Terry Lee, Lisa Toth
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YWCA SAFECHOICE DV CLINIC:
Stacy Barbadillo, Sidney Dolquist, Jeffrey Holmes,
Sally Lewis, Katie McGinley
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FAMILY LAW:
Matt Blum, Ed Dawson, Eric Hoffman, Scott Horenstein,
Terry Lee, Scott Matthews, Neil Rosenshein, Lisa Toth,
John Vomacka
+RPH)RUHFORVXUH3URMHFW
1RQ3DUHQWDO&XVWRG\&OLQLF
Linda E. Frischmeyer
Financial strategies.
One-on-one advice.
ATTORNEY
Over 25 Years Assisting to Achieve Employment Goals
Respectful. Clear. Helpful.
Andy Nygard, CFP®, AAMS®
Financial Advisor
.
404 E 15th St Ste 4
Vancouver, WA 98663
360-695-6431
Member SIPC
www.edwardjones.com
24
Available
for Consults
Washington
& Oregon
Licensed
• Wage payment
• Independent contractors
• Confidentiality
• Nonprofits
• Non-compete
• Performance
• Challenging behaviors
• Leave laws
• Disability accommodation
• Drug testing
360.816.2475
[email protected]
805 Broadway, Ste. 1000 • Vancouver, WA 98660
Move over Michael Jordan and the Chicago Bulls, the Clark
ball for the final out of the game. From the entire senior team:
County Senior Lawyers Softball Team just three-peat the Young Congratulations David!!!!!!!
Lawyers by a score of 16-9.
It is my understanding that the young lawyers are now demandIt was a warm sunny Sunday afternoon and the young lawyers
ing David takes a UA test for steroids; however, the senior
thought that they were ready to reclaim the trophy. Their manager, Chad Sleight, had his
players fine tuned and
ready to perform; however, once again, the senior
lawyers showed that experience outweighs youth
every time.
Even though the senior
lawyers made a few mistakes (for example, I
dropped a fly ball that a 4
year old could have caught,
Chris Boyd ran in 20 feet
from the outfield only to have the ball go over his head by 10
feet, and Judge Stahnke would have made a beautiful head first
slide into home plate if his slide wasn’t 15 feet short), the senior
lawyers were not to be denied.
Scott Horenstein pitched a brilliant game, confusing the young
lawyers with that special Horenstein screwball. The outfield did
an outstanding job and the
infield was just spectacular.
However, no one did a better job, and was this year’s
MVP, then David West.
David may have turned 70
this year; but if you saw
him play you would have
thought he was in his 30’s.
David hit an inside the
park grand slam home run,
he beat out a ground ball
and was safe at first base,
and covered 20 yards in
the outfield to catch the
5
William F. Nelson
- Baumgartner, Nelson & Wagner, PLLC -
We fielded 127 professional malpractice
inquiries in 2012. Fifty-two of those - an average
of one per week - were from people referred by
the legal community. Many of you have expressed
appreciation for the consideration we have shown
to those you have referred, and no one has
reported that a person referred did not receive a
prompt, courteous and professional response.
NEWS YOU CAN USE
LISA DARCO
CCBA Office Manager
LAW LIBRARY NEWS
If you’re unable to help a potential client, please remember to
refer them to the Southwest Washington Lawyer Referral and
not the CCBA offices. Thanks!
Southwest Washington Lawyer Referral - (360) 695-0599
ATTORNEY BOOKKEEPING TIPS
EMANUELA SANDRI
Thanks for
thinking of me
every week in 2012
Attorney Bookkeeping Services, Inc.
QUICKBOOKS 2013 — PREFERENCES
QuickBooks 2013 has been visually redesigned. If you have
worked in previous versions, you may want to change some of
the preferences noted below after installation.
The icon bar defaults to the left. Icon bar preferences are under
the View menu. When top icon bar is selected, the icons are
black and white, which may be changed to color as follows:
• Edit menu
• Preferences
• Desktop View
• Check Switch to colored icons/light background on
the Top Icon Bar
• OK
45
years of experience
New overlay tips make it easy to identify new features. If there’s
something new, What’s New shows on the screen. To see what’s
new, click on What’s New, read the tip(s) and click anywhere on
the screen to dismiss. To disable What’s New, click X. To
enable What’s New, go to Help menu and select What’s New.
The bar at the top that shows company name and the bar for the
open window default to black. To change the color:
• Edit menu
• Preferences
• Desktop View
• From the dropdown list COMPANY FILE COLOR SCHEME,
select a color. Blue-Medium may be a good one to start.
• OK
MARIA SOSNOWSKI
Law Librarian
Westlaw is available at the Law Library
Did you know that the Clark County Law Library offers free
access to Westlaw? Currently we have both the "traditional"
Westlaw which is now called Westlaw Classic, as well as the new,
more Google-like Westlaw called WestlawNext.
If you are a traditional Boolean-language searcher and are comfortable with constructing your own searches, Classic is for you.
Similarly, if you have a particular statute or case to look up, Classic usually makes that easier. With Classic, you select your
database first, and then do your search.
WestlawNext is designed to search more broadly. You can put
in your search just as if it were Google - put a phrase, term, etc
into the search box and it runs the search in multiple databases.
You do not need to pick a database first. Instead, after you run
the search there is a list of database types along the left edge
where you can narrow your search if you like.
Our subscription covers all state and federal primary law, and a
number of secondary sources.
These sources are free to use. Each person is limited to one hour
per day. Please ask Nadine or me if you have any questions.
LEGALLY DRAWN
Priorities of a demanding client.
Note: If your Icon Bar is set to the top, Open Windows may be
useful to you for quick one click between windows. Go to the
View menu and click Open Window List. Show or hide Open
Windows list at any time. Once the Open Windows list is hidden,
open windows can still be viewed from the Windows menu.
Billable Box To eliminate the need to unmark the Billiable box
(if it appears) for costs and expenses associated with client, go to
Edit menu, scroll down and click Time & Expenses, select Company Preferences, and uncheck Mark all expenses as billable
Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.
4
25
PRESIDENT’S MESSAGE
UPCOMING EVENTS
JANE CLARK
CCBA Acting President
MEETING
September 25, 2013
CLE Committee Meeting
CCBA Office - Noon
MEETING
October 2, 2013
CCBA Board Meeting
CCBA Office - Noon
MEETING
October 8, 2013
Superior Court Bench/Bar
Clark County Courthouse - Noon
CLE
SOCIAL
October 8, 2013
YLS CLE
CLE
October 10, 2013
YLS Happy Hour
Location TBD 5:00pm
MEETING
October 9, 2013
Nuts & Bolts CLE: Representing
Vulnerable Adults
Red Lion at the Quay 3:00pm - 5:00pm
CLE
October 10, 2013
Family Law Section Lunch & CLE
Vancouver Hilton - 11:30am
October 16, 2013
Hearsay Editorial Board Meeting
CCBA Office - Noon
CLE
October 21, 2013
Brown Bag CLE: Law Firm Partner Compensation Systems: How to Split the
Profit Pie
SW WASHINGTON LAWYER
REFERRAL SERVICE
The CCBA’s Lawyer Referral Service is a program designed to
help the general public find attorneys appropriate for their needs,
while at the same time providing a source of new client business
exclusively to our members.
To participate, members pay a small one-time annual fee.
(The service is free to the public.) For more information,
call the CCBA at 360-695-5975.
THE SWLRS REFERRED 181 CLIENTS
IN THE MONTH OF AUGUST
Administrative Law ..............................................................3
Bankruptcy............................................................................3
Business & Corp ..................................................................2
Consumer ..........................................................................18
Criminal ..............................................................................12
Debtor/Creditor ....................................................................5
Family Law..........................................................................39
General Litigation................................................................20
Labor & Employment ............................................................8
Real Property ......................................................................25
Taxation ................................................................................1
Wills & Trusts ....................................................................15
Worker’s Comp ....................................................................6
26
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I never thought that I
would be relieved that my
son had broken his arm but
I was. Having watched my
11 year old fall 8 feet from a
rock wall at a bouldering
gym the first thing that
went through my head was
“Is he paralyzed, can he
move?” followed by “Is he
conscious, did he hit his
head”. I felt surprisingly
“happy” when he sat up,
pointed to his arm that was
not bent in the right direction and told me “I think I
broke my arm mom!”
In my line of work I meet
lots of people who have bad
injuries and experience
many hardships and obstacles in their lives. I always
admire people who make the
best of things. I believe that
juries do too, and are far
more likely to award compensation to someone who
tries to overcome their hardships and make the best of
things than they are to a
“complainer”. Let’s face it,
no matter how bad things
are, we should remember
that there are always people
less fortunate than us.
Children are remarkably resilient
and quite simply make the best of
things. Noah has learned to do
things with his left arm and has
remained amazingly independent
over the last 4 weeks since it happened, requiring very little
assistance from me. I am sure I
would have been more of a “baby”. I
have tried to learn a lesson from him
to take what life throws at you and
make the best of things.
“Young lawyers” should bear all this in mind as you face defeat
by the “not so young” lawyers on Sunday September 8 at our
annual softball game. Everyone is welcome - come and support
your team even if you are not inspired (or picked) to play! Personally there is no way I will admit to being eligible to play on
the “not so young lawyers” team and I am pretty sure that with
my lack of experience in American sports, Judge Stahnke would
not pick me but I can cheer on the teams and hope to see many
of my friends there.
As we move into fall our CLE program is starting up again and
we have a great program lined up for you starting with “A View
We just got back from a week of camping on the Olympic Penin- from the Bench” presentation by Judges Johnson and Melnick
sula. I am not entirely sure why I had been confident that the
following our General Meeting on September 18 at the Red
weather in August would be fine and sunny. It is after all a rain for- Lion at the Quay. I hope to see as many of you as possible at that
est and, true to its name, it rained and it rained hard. At first I was meeting for election of officers, approval of our annual budget
irritated and started to second guess myself for the choice of desti- and updates from the courts and our various committees. The
nation. But then I got to thinking that camping in the rain was a
meeting will start at noon followed by the CLE at 1pm.
new experience for us and we should make the best of it. We got
drenched and we laughed. The car smelt of wet dog but we have
Quote of the month:
great stories to tell. We figured out how to put the canopy up on
“Sunshine is delicious, rain is refreshing, wind braces us up, snow is
our trailer and were proud of ourselves for doing so.
exhilarating; there is really no such thing as bad weather, only different kinds of good weather.”
—John Ruskin
3
THIS MONTH’S ISSUE
2013/2014 CCBA OFFICERS & TRUSTEES
President’s Message ............................................................................3
Senior Lawyers Three-peat; 70 year-old MVP......................................5
CLE: LAW FIRM PARTNER COMPENSATION SYSTEMS: ..................7
CCBA Board Meeting Minutes ..............................................................9
CLE Calendar ......................................................................................10
Young Lawyers’ Section......................................................................11
Family Law Section ............................................................................13
Nuts and Bolts Lecture: Representing Vulnerable Adults ..................15
Calling All Justice Seekers ..................................................................17
Loowit Brewing Company Tempts the Bar ........................................18
Hearsay Profile: Tim Dack ..................................................................19
April Title 11 GAL Training ..................................................................20
Double Hearsay ..................................................................................21
Law Library Spotlight on Business ....................................................22
CCBA Membership Renewal Reminder..............................................23
Clark County Volunteer Lawyers’ Program ........................................24
News You Can Use..............................................................................25
Attorney Bookkeeping Tips ................................................................25
Law Library News................................................................................25
Legally Drawn......................................................................................25
SW Washington Lawyer Referral Service ..........................................26
Events Calendar ..................................................................................26
HEARSAY is published 12 times per year and is design edited by: GOUGH CREATIVE GROUP
JEFF GOUGH, Creative Director • 360-818-4GCG • [email protected]
An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $48.00. Letters, news items, upcoming events and announcements
are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at
the editor’s discretion and space available. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.
PRESIDENT
Jane Clark
(360) 859-3823
[email protected]
IMMEDIATE PAST PRESIDENT
John Fairgrieve
(360) 397-2261
[email protected]
VLP REPRESENTATIVE
Le Ann Larson
(360) 397-2265
[email protected]
VICE PRESIDENT
Arin Dunn
(360) 737-6793
[email protected]
TRUSTEE
Jill Sasser
(360) 816-2534
[email protected]
OFFICE MANAGER
Lisa Darco
(360) 695-5975
[email protected]
SECRETARY
Rick McLeod
503-595-5300
[email protected]
TRUSTEE
Laura Mancuso
(360) 695-7909
[email protected]
MEMBER SERVICES
Heather Norton
(360) 695-5975
[email protected]
TREASURER
J.D. Nellor
(360) 695-8181
[email protected]
TRUSTEE
Gideon Caron
360-699-3001
[email protected]
CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.
specializing in
BANKRUPTCY
CONSUMER BANKRUPTCY - CHAPTER 7 & 13
HENDERSON
LAW FIRM, PLLC
360.737.1478
[email protected]
MARK A.CARTER
L A W
O F F I C E
Serving Washington
State and Federal Court
for 19 Years
694-8955
MEDICAL NEGLIGENCE
PERSONAL INJURY • WRONGFUL DEATH
Representative Jury Verdicts and Settlements:
Failure to diagnose brain tumor — $4.5 million
Trampoline accident — $1 million
Electrocution at work -- $900,000
Motorcycle collision -- $500,000
Rear end MVC. Soft tissue injury -- $230,000
markcarterlaw.com
Available for referral or association
on serious injury, wrongful death and
medical negligence cases.
2414 M AIN S TREET • V ANCOUVER , WA 98660
500 W. 8th Street, Suite 65
Vancouver, WA 98660
PRSRT STD
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PAID
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PERMIT NO. 620
ccbawashington.org
SEPTEMBER 2013
O F F I C I A L N E W S L E T T E R O F T H E C L A R K CO U N T Y B A R A S S O C I AT I O N
Three-Peat!
page 5
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