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ccbawashington.org<br />

OCTOBER 2011<br />

OFFICIAL NEWSLETTER OF THE CLARK COUNTY BAR ASSOCIATION<br />

Mark your calendars!<br />

The 2012 <strong>Bar</strong>risters’ Ball is coming!<br />

February 25, 2012 • Pearson Air Museum<br />

We will also host a charity silent auction. If you would like to don<strong>at</strong>e to our auction,<br />

please contact our auction chairperson, Josie Townsend <strong>at</strong> jctownsend@aol.com<br />

or call her <strong>at</strong> 360-694-7601. All don<strong>at</strong>ions are tax deductible.<br />

page 14


THIS MONTH’S ISSUE<br />

President’s Message ........................................................3<br />

Upcoming CLE Schedule ..................................................................3<br />

Nuts & Bolts: Appell<strong>at</strong>e Practice: ......................................................4<br />

Changing of the Guard <strong>at</strong> <strong>CCBA</strong> ........................................6<br />

Superior Court Selects Commissioner..............................................6<br />

<strong>CCBA</strong> Golf Tournament Tees Off ......................................................7<br />

Remembering Mike Kinnie ................................................8<br />

CLE Attendees Meet the Gentle “Art” of Persuasion ......................10<br />

<strong>CCBA</strong> Annual Meeting ....................................................................12<br />

Young Lawyer vs. Senior Lawyer Softball Game............................13<br />

Old Lawyers Aren’t so Old! ............................................................13<br />

Bench/<strong>Bar</strong> Meeting Minutes............................................................14<br />

Family Law Section Meeting ..........................................................16<br />

HEARSAY is published 12 times per year and is design edited by:<br />

JEFF GOUGH, Cre<strong>at</strong>ive Director • GOUGH CREATIVE GROUP<br />

360-818-4GCG • director@goughcre<strong>at</strong>ive.com<br />

An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy<br />

subscription for $48.00. Letters, news items, upcoming events and announcements are welcome.<br />

Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited<br />

for length, clarity and style. Submissions by members are published <strong>at</strong> the editor’s discretion and space<br />

available. Views expressed in articles represent the authors’ opinions, not necessarily the <strong>CCBA</strong>’s.<br />

The public<strong>at</strong>ion does not purport to offer legal advice.<br />

<strong>CCBA</strong> OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.<br />

<strong>CCBA</strong> Monthly Board of Directors’ Meeting....................................16<br />

Nuts & Bolts CLE Schedule ............................................................17<br />

Double Hearsay ..............................................................18<br />

Getting to Know: Lisa Darco............................................19<br />

Controversial Issues in Medi<strong>at</strong>ion....................................20<br />

<strong>Clark</strong> <strong>County</strong> Volunteer Lawyers’ Program ......................22<br />

News You Can Use..........................................................24<br />

Attorney Bookkeeping Tips..............................................25<br />

Law Library News ..........................................................25<br />

Legally Drawn ................................................................25<br />

SW Washington Lawyer Referral Service ........................26<br />

Events Calendar..............................................................26<br />

RICHARD G. SPIER<br />

MEDIATOR<br />

Highly experienced–full-time neutral since 1992<br />

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Business & commercial; personal injury;<br />

employment; real est<strong>at</strong>e & construction<br />

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Listed for Medi<strong>at</strong>ion in<br />

The Best Lawyers in America ®<br />

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Member, Oregon and Washington <strong>Bar</strong>s<br />

503-284-2511<br />

Fax 503-284-2519<br />

rspier@spier-medi<strong>at</strong>e.com www.spier-medi<strong>at</strong>e.com<br />

2536 N.E. 28th Avenue Portland, Oregon 97212-4916<br />

No charge for travel time or travel expense in Oregon and Washington


PRESIDENT’S MESSAGE<br />

JOHN FAIRGRIEVE<br />

<strong>CCBA</strong> President<br />

Dear Fellow Members of the <strong>Bar</strong>:<br />

Let me begin for thanking you for the opportunity to serve as<br />

president of the <strong>Clark</strong> <strong>County</strong> <strong>Bar</strong> Associ<strong>at</strong>ion for the upcoming<br />

year. I have enjoyed serving as a trustee and l<strong>at</strong>er as vice president<br />

of the associ<strong>at</strong>ion and look forward to the challenges th<strong>at</strong><br />

the coming year will surely bring. Fortun<strong>at</strong>ely our associ<strong>at</strong>ion<br />

has a strong and capable board and support staff which I will<br />

work with closely to accomplish our associ<strong>at</strong>ion's goals.<br />

The last year was a challenging one for the bar associ<strong>at</strong>ion and<br />

our board. However, as a result of a series of difficult but necessary<br />

decisions we have stopped being an intermediary for health<br />

insurance programs and have put the associ<strong>at</strong>ion on a much more<br />

stable financial footing. Both the health care issue and the bar's<br />

financial problems consumed a substantial portion of the board's<br />

time and energy in the past year. It is my hope th<strong>at</strong> in the coming<br />

year we can put th<strong>at</strong> time and energy towards more productive<br />

activities th<strong>at</strong> will benefit our associ<strong>at</strong>ion and our community.<br />

I have two general goals as I begin my term as president. The first<br />

is to strengthen our profession locally by instituting a mentorship<br />

program for new <strong>at</strong>torneys. The second is to strengthen the<br />

position of our profession in our community by having the bar<br />

become more involved in public legal educ<strong>at</strong>ion / civics educ<strong>at</strong>ion<br />

in our local community. Both the American <strong>Bar</strong> Associ<strong>at</strong>ion<br />

and the Washington St<strong>at</strong>e <strong>Bar</strong> Associ<strong>at</strong>ion have public legal<br />

educ<strong>at</strong>ion and civics m<strong>at</strong>erials and programs th<strong>at</strong> we could use<br />

as models for a local program. I plan on discussing each of my<br />

goals and plans for achieving them with the bar associ<strong>at</strong>ion<br />

board in the near future.<br />

One issue I would like to address with all of you is involvement<br />

in bar associ<strong>at</strong>ion activities and programs. Outside the work<br />

done by the board of trustees the main work of our associ<strong>at</strong>ion<br />

occurs in our committees. In particular, our CLE, Hearsay and<br />

<strong>Bar</strong>rister's Ball committees perform critical work for our associ<strong>at</strong>ion<br />

and need additional volunteers to help them continue to<br />

provide the high quality of products and services th<strong>at</strong> they have<br />

in the past. Please consider volunteering time to work on one of<br />

these committees or on another committee or in a capacity th<strong>at</strong><br />

reflects your interests.<br />

Finally, there has been discussion <strong>at</strong> our last two general meetings<br />

about wh<strong>at</strong> our bar associ<strong>at</strong>ion's priorities are and wh<strong>at</strong> it<br />

should be doing to assist its members. I urge you to contact me<br />

or one of the other officers or trustees to express your opinions<br />

or to discuss any other m<strong>at</strong>ter concerning the bar. You can reach<br />

me <strong>at</strong> (503) 957-6107 or <strong>at</strong> jpfairgrieve@msn.com.<br />

Upcoming CLE Schedule<br />

D<strong>at</strong>e<br />

October 25, 2011<br />

Area of<br />

Law<br />

Medi<strong>at</strong>ion<br />

Topic<br />

Controversial<br />

Issues in<br />

Medi<strong>at</strong>ion<br />

Speakers<br />

Richard Spier<br />

Steve Andersen<br />

Jane <strong>Clark</strong><br />

Committee<br />

Chair<br />

Jane <strong>Clark</strong><br />

November<br />

Federal<br />

Federal Court<br />

Civil Procedure<br />

Kurt Rylander<br />

Steve Joncus<br />

Rick McLeod<br />

Rick McLeod<br />

December<br />

Ethics<br />

HEARSAY - OCTOBER 2011 3


The <strong>Clark</strong> <strong>County</strong> <strong>Bar</strong> Associ<strong>at</strong>ion is pleased to announce its<br />

Thirteenth Nuts and Bolts Lecture:<br />

APPELLATE PRACTICE<br />

by Judge C.C. Bridgew<strong>at</strong>er and Attorney Suzan <strong>Clark</strong><br />

Wednesday, October 12, 3:00 – 5:00 PM, <strong>at</strong> the Red Lion <strong>at</strong> the Quay<br />

The cost is $50 for <strong>CCBA</strong> members, $70 for non-member <strong>at</strong>torneys, and $25 for non-<strong>at</strong>torneys. This will get<br />

you 2 CLE credits and the speakers’ prepared m<strong>at</strong>erials to download. There is an extra fee if you want to pick<br />

up the m<strong>at</strong>erials <strong>at</strong> the door.<br />

We Continue to Provide the Best Snacks and Beverages of any CLE <br />

To register: Call the <strong>CCBA</strong>, (360) 695-5975, OR email: CLE@ccbawashington.org, OR<br />

FAX this flyer back to the <strong>CCBA</strong> <strong>at</strong> (360) 737-6891 with your<br />

NAME ________________________________________________________________________________,<br />

PHONE #________________________________________, BAR NUMBER _______________________,<br />

and EMAIL ADDRESS __________________________________________________________________.<br />

C.C. Bridgew<strong>at</strong>er received his B.A. degree in philosophy from Stanford University in 1966<br />

and a law degree from the University of Texas <strong>at</strong> Austin in 1969. Judge Bridgew<strong>at</strong>er began<br />

his legal career doing consumer protection work with the Federal Trade Commission. After<br />

three years, he moved to Cowlitz <strong>County</strong>, Washington and worked there as a deputy<br />

prosecuting <strong>at</strong>torney for two years before entering priv<strong>at</strong>e practice, focusing on criminal<br />

defense, domestic rel<strong>at</strong>ions and health care law. He was elected Prosecuting Attorney of<br />

Cowlitz <strong>County</strong> in 1986, where he worked until his appointment to the Washington Court of<br />

Appeals, Div. II, in 1994. He has been the presiding judge of Division II and of the Court of<br />

Appeals. After retiring from the Court in 2010, Judge Bridgew<strong>at</strong>er joined United St<strong>at</strong>es<br />

Medi<strong>at</strong>ion and Arbitr<strong>at</strong>ion of Oregon, where he is available as a medi<strong>at</strong>or or arbitr<strong>at</strong>or, and<br />

provides consult<strong>at</strong>ion on and evalu<strong>at</strong>ion of appell<strong>at</strong>e cases.<br />

Suzan <strong>Clark</strong> obtained both her bachelor's degree and law degree from the University of<br />

Oregon, making her a proud "Double Duck." She began her legal career as a deputy district<br />

<strong>at</strong>torney in LaGrande, Oregon and l<strong>at</strong>er worked as a deputy prosecuting <strong>at</strong>torney in both<br />

Cowlitz and <strong>Clark</strong> Counties. In 1994 she entered into priv<strong>at</strong>e practice emphasizing criminal<br />

defense, appell<strong>at</strong>e work and family law. She has tried over 150 felony jury trials in Oregon<br />

and Washington as a defense <strong>at</strong>torney and she tried over 50 felony cases to a jury as a<br />

prosecutor in both Oregon and Washington. She has briefed and argued over 150 appeals to<br />

the Washington Court of Appeals, Divisions II and III, the Washington Supreme Court and<br />

the Oregon Court of Appeals. She served as a bar examiner for the Washington St<strong>at</strong>e <strong>Bar</strong> for 7<br />

years. She has served on numerous bar committees and as president of the <strong>Clark</strong> <strong>County</strong><br />

Criminal Defense <strong>Bar</strong>. She volunteers regularly with the YWCA Legal Clinic. She has traveled to 84 countries and is<br />

an avid basketball fan.<br />

An outline appears on the next page.<br />

4 CLARK COUNTY BAR ASSOCIATION


APPELLATE PRACTICE TIPS<br />

by C.C. Bridgew<strong>at</strong>er<br />

GOAL<br />

Communic<strong>at</strong>e with Judges to put client’s case in best<br />

light<br />

PROCESS<br />

Designed to uphold the finality of the trial court. The<br />

appell<strong>at</strong>e court decides using three basic tools:<br />

I. Sufficiency of evidence;<br />

II. Abuse of discretion;<br />

III. De novo review when interpreting the law.<br />

I. BRIEFS<br />

PET PEEVES<br />

PRESENTATION<br />

A. Follow the rules<br />

B. Remember your audience (it’s law clerks)<br />

C. Be Brief.<br />

D. Cite frequently and specifically<br />

II. ORAL ARGUMENT<br />

A. Procedure<br />

B. Suggestions<br />

1. Briefs<br />

2. Present<strong>at</strong>ion.<br />

C. Technologies<br />

HOW NOT TO FEAR AN APPEAL<br />

OF YOUR WORK IN THE TRIAL COURT<br />

By Suzan <strong>Clark</strong><br />

I. Pre trial motions<br />

A. CrR 3.5<br />

B. CrR 3.6<br />

C. Knapstad motions<br />

D. RCW 9.44.120<br />

E. Motions in Limine<br />

1. Prior Convictions under ER 609<br />

2. ER 404(b)<br />

3. Rape shield st<strong>at</strong>ute<br />

4. 911 calls<br />

F. Motion for continuance<br />

G. Severance<br />

H. Drafting Findings of Fact & Conclusions of<br />

Law<br />

II. Trial<br />

A. Know and understand the Boneclub ruling<br />

B. Remember on review, you are “on the<br />

radio”<br />

C. Renew objections as necessary<br />

D. Exhibits<br />

1. Make clear reference<br />

2. Place marks on the exhibit as needed<br />

in advance if possible<br />

3. Preserve objections via offer of proof<br />

E. Objections<br />

F. Jury Instructions<br />

G. Jury questions<br />

III. POST TRIAL<br />

A. Arrest of judgment<br />

B. Motion for a new trial<br />

C. Findings of Fact & Conclusions of Law on<br />

bench trial<br />

Conference Room available to rent<br />

The <strong>CCBA</strong>’s office conference room is available for meetings<br />

and depositions <strong>at</strong> reasonable r<strong>at</strong>es.<br />

Call Lisa Darco <strong>at</strong> 695-5975<br />

HEARSAY - OCTOBER 2011 5


Changing of the Guard <strong>at</strong> <strong>CCBA</strong><br />

DAVID GREGERSON<br />

Hearsay Special Correspondent<br />

At its quarterly meeting on September 14 <strong>at</strong> the Inn <strong>at</strong> the Quay,<br />

the <strong>CCBA</strong> ushered in its new fiscal year and elected its officers<br />

for the coming year. The sl<strong>at</strong>e of new officers, as nomin<strong>at</strong>ed by<br />

the board and elected <strong>at</strong> the meeting, will be: John Fairgrieve<br />

(President); Suzan <strong>Clark</strong>; (Vice President) David Gregerson<br />

(Secretary); J.D. Nellor (Treasurer); Arin Dunn (Trustee); and<br />

Jill Sasser (Trustee). Outgoing President Kurt Rylander will<br />

remain on as Immedi<strong>at</strong>e Past President.<br />

Rylander presided for the last time and reported on wh<strong>at</strong> a long,<br />

strange trip it’s been. He and other board members provided<br />

organiz<strong>at</strong>ional and program year-end reports. Most significantly,<br />

the board took some drastic steps to save the <strong>CCBA</strong> from<br />

a potential financial c<strong>at</strong>astrophe caused by the combin<strong>at</strong>ion of<br />

finalizing some administr<strong>at</strong>ive and tax reporting requirements<br />

for the defunct member health insurance program, and declining<br />

revenues—particularly from loss of local CLE revenue with the<br />

presence of seminars in Puget Sound and those available over<br />

the internet. While the <strong>CCBA</strong> was in danger of going under in<br />

the spring, the unaudited year end profit and loss st<strong>at</strong>ement<br />

shows net income in excess of $16,000—a dram<strong>at</strong>ic turnaround<br />

by any measure.<br />

The fiscal survival str<strong>at</strong>egy was not without a cost—specifically the<br />

loss of longtime Executive Director and friend to many lawyers,<br />

Diane Wheeler, whose position was elimin<strong>at</strong>ed. As a result, the<br />

<strong>CCBA</strong> office now has two new offices and a leaner, scaled-back<br />

office staff presence. Other savings come from scaling back the<br />

production cost of HEARSAY magazine, as well as substantial savings<br />

from negoti<strong>at</strong>ing a new lease for the office space.<br />

Through it all, the <strong>CCBA</strong> maintained and even invigor<strong>at</strong>ed its<br />

local CLE program and calendar—arguably through the herculean<br />

efforts of Jane <strong>Clark</strong> and implement<strong>at</strong>ion of the popular<br />

“Nuts and Bolts” series. Other program highlights of the year<br />

include 12 months of HEARSAY magazine, <strong>Bar</strong>rister’s Ball, the<br />

Lawyer Referral Service, the annual BBQ and golf tournament,<br />

and judicial bar polling for judicial vacancies.<br />

Incoming President John Fairgrieve rounded out the meeting by<br />

giving his inaugural address. He noted the voluminous and substantial<br />

“turbulence” of the previous year, but assured th<strong>at</strong> the<br />

se<strong>at</strong>belt sign has been turned off and th<strong>at</strong> <strong>CCBA</strong> members<br />

should feel free to move about the cabin. He hopes to help<br />

strengthen the existing programs and stabilize the financial and<br />

staffing issues. He mentioned his specific agenda to call upon<br />

the membership to particip<strong>at</strong>e in increased community outreach<br />

to educ<strong>at</strong>e and inform the community about the work of the bar<br />

in the coming year.<br />

Any <strong>at</strong>torneys interested in particip<strong>at</strong>ing in any of the <strong>CCBA</strong><br />

committees or activities are encouraged to contact Lisa Darco or<br />

any of the board members.<br />

Superior Court Selects Commissioner<br />

The <strong>Clark</strong> <strong>County</strong> Superior Court has selected long time Vancouver<br />

<strong>at</strong>torney Dayann Liebman to replace newly-appointed<br />

Superior Court Judge Daniel Stahnke as Family Law Commissioner<br />

effective October 27th. The Court selected Liebman from<br />

among a group of highly qualified applicants.<br />

Liebman is a gradu<strong>at</strong>e of Washington St<strong>at</strong>e University and the<br />

Northwestern School of Law <strong>at</strong> Lewis and <strong>Clark</strong> College. An<br />

experienced Family Law <strong>at</strong>torney, Liebman is expected to hear<br />

divorce, p<strong>at</strong>ernity, juvenile and dependency cases. She will be<br />

housed in the Juvenile Court building and will hear cases in the<br />

Family Law Annex and Courthouse as well as the Juvenile<br />

Courthouse.<br />

Presiding Judge <strong>Bar</strong>bara Johnson, speaking on behalf of the<br />

Court indic<strong>at</strong>ed th<strong>at</strong> “Dayann brings a wealth of experience to<br />

the position and all of the Court’s Judges and Commissioners<br />

look forward to working with her in this important area of service<br />

to the community.<br />

6 CLARK COUNTY BAR ASSOCIATION


<strong>CCBA</strong> Golf Tournament Tees Off<br />

KURT RYLANDER<br />

Hearsay Editor-In-Chief<br />

On Friday, September 23, 2011, the <strong>Clark</strong> <strong>County</strong> <strong>Bar</strong> Associ<strong>at</strong>ion<br />

held its annual (usually) Golf Tournament. This year the<br />

event was hosted by the Cedars on Salmon Creek. The event<br />

was well <strong>at</strong>tended, and the shotgun start caused an eruption of<br />

golf carts driven in race car fashion. The sun was hot and the<br />

course was smoking. The he<strong>at</strong> of the day and the pressure of the<br />

competition kept the cart lady busy with plenty of thirsty customers.<br />

Immedi<strong>at</strong>ely, it became clear th<strong>at</strong> the team to be<strong>at</strong> was<br />

Chuck Buckley, Kurt Rylander, N<strong>at</strong>han Petersen and Mike Higgins.<br />

However, <strong>at</strong> the end of the day only one team was left<br />

standing, with a score of 59, the team of <strong>Bar</strong>ry Brandenburg, Jim<br />

Mayhew, Jim Senescu, and The Honorable John Nichols took<br />

honors and immedi<strong>at</strong>ely donned the multicolored champion<br />

jackets. Finishing a distinct second, the team of Dave Christel,<br />

M<strong>at</strong>thew Philbrook, Beau Harlan and Steve Le<strong>at</strong>ham scored 61.<br />

Next year the new leadership for the Golf Tournament will be<br />

Jim Senescu, M<strong>at</strong>thew Philbrook, and Beau Harlan.<br />

Jane <strong>Clark</strong> is pleased to announce<br />

the opening of her new law office<br />

Law office of:<br />

JANE E. CLARK<br />

A T T O R N E Y A T L A W<br />

We are cre<strong>at</strong>ive about protecting<br />

intellectual property<br />

1014 Franklin Street • Franklin Suites, Suite 108 • Vancouver, WA<br />

MEDICAL<br />

MALPRACTICE<br />

WRONGFUL<br />

DEATH<br />

PERSONAL<br />

INJURY<br />

Available for Referral or Associ<strong>at</strong>ion<br />

P<strong>at</strong>ents<br />

Trademarks<br />

Copyrights<br />

Trade Secrets<br />

Unfair Competition<br />

Litig<strong>at</strong>ion<br />

Licensing<br />

Counseling<br />

Due Diligence<br />

Vancouver 360.859.3823 • Portland 503.974.4161<br />

Email Jane@janeclarklegal.com<br />

406 West 12th Street<br />

Vancouver, WA<br />

(360) 750-9931<br />

www.rylanderlaw.com<br />

RYLANDER<br />

& ASSOCIATES PC<br />

Trial & P<strong>at</strong>ent Attorneys<br />

HEARSAY - OCTOBER 2011 7


Remembering Mike Kinnie<br />

SUZAN CLARK<br />

Hearsay Special Correspondent<br />

Recently retired Senior Deputy Prosecuting Mike Kinnie passed<br />

away August 25, 2011 <strong>at</strong> the age of 60.<br />

Mike Kinnie obtained his bachelor’s degree from Stanford University<br />

and gradu<strong>at</strong>ed from Gonzaga University Law School.<br />

Kinnie’s f<strong>at</strong>her served as a deputy prosecuting <strong>at</strong>torney with<br />

Spokane <strong>County</strong>. He followed in his f<strong>at</strong>her’s footsteps serving as<br />

a deputy clerk in Spokane <strong>County</strong> while <strong>at</strong>tending law school<br />

and l<strong>at</strong>er joining the Franklin <strong>County</strong> Prosecutor’s Office after<br />

passing the bar. In the early 1980’s Kinnie spent several years in<br />

priv<strong>at</strong>e practice emphasizing civil litig<strong>at</strong>ion. During his time in<br />

the Tri-Cities he met and married his wife K<strong>at</strong>hy. In the mid-<br />

1980’s Kinnie accepted a position as a deputy prosecuting<br />

<strong>at</strong>torney in <strong>Clark</strong> <strong>County</strong>.<br />

After taking on a number of the toughest cases, Kinnie quickly<br />

garnered a reput<strong>at</strong>ion as a top trial <strong>at</strong>torney. He tried countless<br />

homicides and high profile cases over the years. Colleagues<br />

fondly remember Kinnie’s technique of speaking softly in closing<br />

argument and elev<strong>at</strong>ing his voice to thundering levels to<br />

deliver a point. Chief Criminal Deputy Prosecuting Attorney<br />

Scott Jackson remembers hearing about Kinnie’s “whisper to a<br />

roar” technique from now retired Judge Jim Ladley before he<br />

had a chance to observe Kinnie in trial. “Mike had this reput<strong>at</strong>ion<br />

as a tough and feared opponent. He was really the kindest<br />

sweetest guy in the office, “ Jackson recalls.<br />

Deputy Prosecutor Mike Dodds said of Kinnie, “ He had a real<br />

knack with jurors. No case was too complex for him to make<br />

understandable to a jury.” Retired Senior Deputy Prosecutor<br />

Kim Farr agreed, “Mike was a gre<strong>at</strong> trial <strong>at</strong>torney, but he also had<br />

commonsense. He looked <strong>at</strong> the people involved in the cases;<br />

his decisions weren’t just driven by the st<strong>at</strong>s [conviction r<strong>at</strong>e].”<br />

Retired Senior Deputy Prosecutor Phil Meyers initially met<br />

Kinnie while working in Franklin <strong>County</strong>. Kinnie encouraged<br />

Meyers to apply for a position in <strong>Clark</strong> <strong>County</strong>. The two worked<br />

together for more than 25 years. Meyers recalls th<strong>at</strong> after the<br />

Prosecutor’s Office was remodeled in 1987 Kinnie ended up<br />

with one of the smallest offices. “Mike had a good sense of<br />

humor about the fact th<strong>at</strong> one of the biggest guys in the office<br />

somehow ended up with a postage stamp sized office.”<br />

Mike Kinnie served as a mentor to many young <strong>at</strong>torneys. District<br />

Court Judge Kelli Osler recalls a homicide trial she and<br />

Kinnie tried together when she was a deputy prosecutor wherein<br />

Kinnie cross-examined the defense expert so effectively th<strong>at</strong> the<br />

defense <strong>at</strong>torney p<strong>at</strong>ted Kinnie on the back as he walked by<br />

counsel table. The expert l<strong>at</strong>er suggested to another deputy prosecuting<br />

<strong>at</strong>torney th<strong>at</strong> she contact Kinnie for advice on how to<br />

cross-examine him. Osler’s dad and Kinnie’s dad worked<br />

together as prosecutors in Spokane <strong>County</strong>. Osler once needed<br />

to take some time off to deal with a serious medical situ<strong>at</strong>ion<br />

with her parents. The chief criminal deputy <strong>at</strong> the time warned<br />

her th<strong>at</strong> she might lose her position in the Major Crimes Unit as<br />

a result of the family leave time. Osler says, “I knew Mike had my<br />

back. He covered my cases and smoothed the way for me.”<br />

He prosecuted Treva Throneberry, a woman who masqueraded<br />

as a high school student to obtain public assistance and educ<strong>at</strong>ion<br />

benefits. Mid-trial Kinnie suffered a kidney stone th<strong>at</strong><br />

rendered him unable to continue with the trial. Osler stepped in<br />

and took directions from Kinnie as he was being hauled from the<br />

courtroom by medical personnel. Osler says “I only half listened,<br />

because I thought he was delirious.” Things took a very serious<br />

turn when Osler had to take over questioning witnesses and<br />

8 CLARK COUNTY BAR ASSOCIATION


managed to get the case continued a day so th<strong>at</strong> Kinnie could<br />

return and do closing argument. After being released from the<br />

hospital, Kinnie returned the following day to give closing argument<br />

and he saw the case through to a guilty verdict.<br />

Kinnie never minced words and was known to st<strong>at</strong>e a very<br />

pointed opinion of wh<strong>at</strong> he thought of the jail house snitches he<br />

sometimes utilized in criminal cases. Defense <strong>at</strong>torneys often<br />

speak of having been “Kinnied,” meaning th<strong>at</strong> Kinnie used an<br />

innocuous question the defense asked a witness to turn the case<br />

in the prosecutions’ favor.<br />

He formally mentored a group of new <strong>at</strong>torneys by utilizing a<br />

video of one of his homicide trials to teach about trial techniques.<br />

The positive comments from <strong>at</strong>torneys he mentored<br />

would go on for pages of this article.<br />

With his wife K<strong>at</strong>hy, Kinnie enjoyed traveling around the world<br />

and they traveled extensively in Africa and Central and South<br />

America. “Mike was incredibly proud of K<strong>at</strong>hy’s accomplishments<br />

as a n<strong>at</strong>ure photographer,” recalls Mike Dodds. He hung<br />

her photographs in his office and exhibited them with gre<strong>at</strong> pride.<br />

This author had the pleasure and privilege of working with Kinnie<br />

as both a prosecutor and a defense <strong>at</strong>torney. I deeply<br />

appreci<strong>at</strong>ed th<strong>at</strong> he was absolutely gender blind in supporting,<br />

defending and mentoring newer <strong>at</strong>torneys. He took the time to<br />

listen, to teach and to console when things went badly. I tried<br />

several homicide cases against him and always learned from the<br />

experience. He was always willing to listen to the defense and to<br />

negoti<strong>at</strong>e appropri<strong>at</strong>ely.<br />

Retired Judge Jim Ladley said it best, “Mike was a brilliant<br />

lawyer and a nice guy. I always knew he was going to shake the<br />

building with a roar to emphasize a point in every trial.”<br />

He will be gre<strong>at</strong>ly missed.<br />

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HEARSAY - OCTOBER 2011 9


CLE Attendees Meet<br />

the Gentle “Art” of Persuasion<br />

JEAN McCOY<br />

Hearsay Special Correspondent<br />

At the conclusion of the <strong>CCBA</strong> Annual Membership Meeting on<br />

September 12, 2011, participants had the option of <strong>at</strong>tending a<br />

one-hour CLE taught by Professor Arthur Kohn titled “Psychology<br />

and the Law: The gentle art of persuasion.” Dr. Kohn<br />

earned his Ph.D. in cognitive science <strong>at</strong> Duke University. He is a<br />

professor <strong>at</strong> Portland St<strong>at</strong>e University where he teaches a course<br />

in Psychology and Law. Most importantly, and to add to his credentials,<br />

he is Jane <strong>Clark</strong>’s fiancé!<br />

Having opened a pandora’s box of interesting inform<strong>at</strong>ion<br />

regarding the influence we have on others, Dr. Kohn left us wondering<br />

if we can say we always use it for the good. If you are<br />

interested in more topics like this for CLE present<strong>at</strong>ions, give<br />

Jane <strong>Clark</strong> an e-mail <strong>at</strong> jane@janeclarklegal.com.<br />

Dr. Kohn talked about principles of influence th<strong>at</strong> cause humans<br />

to act in predictable ways. One instance begins with the delivery<br />

of a gift with no st<strong>at</strong>ed expect<strong>at</strong>ion of return. This principle is<br />

utilized by the Hare Krishna in airports where the recipient<br />

receives a rose and a blessing; some feel inclined to don<strong>at</strong>e<br />

money and when the rose is disposed of, it is recycled to cre<strong>at</strong>e a<br />

“gift” for the next recipient. Easter Seals sends out free address<br />

stickers with a don<strong>at</strong>ion card on the same principle. This may be<br />

one type of tactic th<strong>at</strong> many of us recognize as manipul<strong>at</strong>ion and<br />

refuse, but the tug is there in our consciousness not to accept<br />

something without giving something in return. Understanding<br />

our n<strong>at</strong>ural human responses allows us to see the cause and<br />

effect of certain actions, and being a student of human n<strong>at</strong>ure<br />

could further assist us in resolving our pending cases.<br />

Another principle of influence is utilized by showing the contrast<br />

between two items. A realtor showing property can show a high<br />

priced dump to a client, then swing by a favorable property in<br />

the client’s price range. Of course, the second property, in contrast<br />

to the first, looks better to the prospective purchaser and<br />

the comparison can have a bearing on the decision on whether<br />

to make an offer. Talking with a client regarding a settlement<br />

offer and describing where they can be if they accept the offer,<br />

and where they can be if the case goes further to trial can provide<br />

a contrast th<strong>at</strong> will influence a client to pick one or the other<br />

option more readily than if the discussion hadn’t occurred.<br />

We talked about how much control an <strong>at</strong>torney does have in<br />

these circumstances, and how sometimes a conflict arises<br />

between the clients’ best interest and the <strong>at</strong>torneys’ best interest<br />

when settlement negoti<strong>at</strong>ions come up. A comment was made<br />

th<strong>at</strong> some counsel want to keep an individual in a case for financial<br />

incentive, where the individual may be better off settling<br />

early. There is a moral and ethical element of influence th<strong>at</strong><br />

arises when we review how these discussions with our clients<br />

take place, and how much our personal feelings could leak out<br />

into the advice given.<br />

Jane <strong>Clark</strong> and Dr. Art Kohn pose for the camera.<br />

Kurt Rylander holds the Hare Krishna rose for Dr. Kohn.<br />

10 CLARK COUNTY BAR ASSOCIATION


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HEARSAY - OCTOBER 2011 11


<strong>CCBA</strong> Annual Meeting<br />

AKA - Survivor <strong>Clark</strong> <strong>County</strong><br />

JEAN McCOY<br />

Hearsay Special Correspondent<br />

The <strong>CCBA</strong> Annual Membership Meeting was held on September<br />

12, 2011 <strong>at</strong> the Red Lion <strong>at</strong> the Quay with about 50<br />

members in <strong>at</strong>tendance. <strong>CCBA</strong> President Kurt Rylander<br />

presided over the meeting, and <strong>at</strong> its conclusion was exuberant<br />

about his ability to “pass the gavel” to incoming President John<br />

Fairgrieve. The best news of the day was th<strong>at</strong> the <strong>CCBA</strong> survives<br />

to live another year, having fought through its budget shortfall.<br />

around on scanning filings into the Liberty system, and th<strong>at</strong><br />

<strong>Clark</strong> <strong>County</strong> is poising itself for an on-line filing system <strong>at</strong> some<br />

point in the future.<br />

Suzan <strong>Clark</strong>, <strong>CCBA</strong> Treasurer, announced th<strong>at</strong> due to some<br />

str<strong>at</strong>egic budget cuts and cost savings, the Associ<strong>at</strong>ion will still<br />

retain a good amount of its past earnings and ended the year in<br />

the black. Thanks were given to the <strong>CCBA</strong> Board, and especially<br />

the CLE Committee led by Jane <strong>Clark</strong>, for their leadership and<br />

commitment to keep the ship aflo<strong>at</strong>. Immedi<strong>at</strong>e Past President<br />

Kurt Rylander will take over responsibility for Hearsay public<strong>at</strong>ion<br />

from David Gregerson and contributors are always<br />

welcome. Chris Boyd was introduced as the new Family Law<br />

Section President, and Chris introduced their blogspot as a way<br />

to keep up with their busy Section: http://ccbafamilylawsection.blogspot.com.<br />

New Trustees, Jill Sasser and Arin Dunn, were voted into office,<br />

and a big thank-you was given to Andrew Wheeler, who went off<br />

the Board this year after many years of wise counsel, and clear,<br />

concise meeting minutes.<br />

Kurt Rylander receives recognition from incoming President John Fairgrieve<br />

Judge <strong>Bar</strong>bara Johnson, Presiding Judge for Superior Court,<br />

spoke regarding current events <strong>at</strong> the Courthouse and continued<br />

budget woes. With the re-assignment in Superior Court, some<br />

dockets were being shifted as of the d<strong>at</strong>e of the meeting. Judge<br />

Rulli can now be found in the Family Law Annex. Judge Nichols<br />

will remain in his current office, but will have a family law caseload,<br />

as well as a felony criminal docket. Judge Collier will be on<br />

the fourth floor where Judge Bennett vac<strong>at</strong>ed, and the new Judge<br />

for Department One – Judge Dan Stahnke – will be loc<strong>at</strong>ed on<br />

the third floor. Superior Court seems to be blessed to be able to<br />

do more with less, and it is certainly due to its dedic<strong>at</strong>ed staff and<br />

good leadership.<br />

Judge Kelli Osler then spoke on behalf of the District Court<br />

bench, echoing Judge Johnson’s tales of budgets and doing more<br />

with less. <strong>Clark</strong> <strong>County</strong> Clerk, Scott Webber, was introduced<br />

and welcomed suggestions for his office. Scott said th<strong>at</strong> the<br />

Clerk’s Office is achieving most of the time a 24-hour turn<br />

John Fairgrieve officially took the helm of the <strong>CCBA</strong> and<br />

announced a new mentoring program we will be seeing more<br />

inform<strong>at</strong>ion on in the coming months. John introduced our new<br />

part-time staff for <strong>CCBA</strong>, Lisa Darco as office manager, and<br />

Kaitlin Lisandrelli as member services coordin<strong>at</strong>or. New office<br />

hours are Monday through Friday 12:00 pm to 4:00 pm. Introduce<br />

yourself the next time you see them.<br />

John introduces Lisa Darco and Kaitlin Lisandrelli<br />

12 CLARK COUNTY BAR ASSOCIATION


Young Lawyer vs. Senior Lawyer Softball Game<br />

CHRIS BOYD<br />

Hearsay Special Correspondent<br />

The rainy morning was a foreshadowing the young lawyers<br />

should have paid closer <strong>at</strong>tention to. The 5th Annual Young<br />

Lawyer v. Senior Lawyer softball game was held <strong>at</strong> Prairie Field<br />

on September 17th. It was not even close. The Senior Lawyers<br />

jumped all over a clearly overm<strong>at</strong>ched Young Lawyer team ending<br />

in a 5th inning "mercy rule" victory. Yes, th<strong>at</strong> means the<br />

Young Lawyers were being be<strong>at</strong>en by over ten runs.<br />

The game was called early due to the uneven skill, talent, <strong>at</strong>hleticism,<br />

and many would even say good looks, possessed by the Senior<br />

team. Highlights were numerous and came in bunches. Scott<br />

Horenstein domin<strong>at</strong>ed with his pitching, even while wearing dress<br />

shoes on the dirt infield. Judge Bennett (wait, didn't he just retire?!)<br />

showed superior speed running the bases and be<strong>at</strong>ing throws by the<br />

Young Lawyers. Greg Gonzales, Steve Turner, Shawn MacPherson<br />

and Bob Vukanovich were an unstoppable infield. And the hitting?<br />

Everyone was crushing the ball for extra bases. Judge Stahnke<br />

clearly put together a superior team this year and the Young<br />

Lawyers could only shake hands and wait for next year.<br />

However, valuable lessons were learned. It turns out th<strong>at</strong> the<br />

Senior Lawyers are quite generous in victory and purchased several<br />

pitchers of beer for the Young Team <strong>at</strong> the Prairie Tavern<br />

after the game. So who really won?<br />

Old Lawyers Aren’t so Old!<br />

JAMES SENESCU<br />

Hearsay Special Correspondent<br />

On S<strong>at</strong>urday, September 17, 2011, time appeared to roll back by a<br />

decade or so, as the Young Lawyers (under 36) took the field<br />

against the Old Lawyers (36 and over) in a he<strong>at</strong>ed softball game. It<br />

appeared th<strong>at</strong> the Young Lawyers were bringing their “A” game<br />

with the likes of Boyd, Sleight, Montgomery, Gasperino and<br />

Schultz, to name a few of the “Young Guns.” They even brought in<br />

a certified ASA umpire who (tried to) keep things honest between<br />

the two powerhouses. However, it appeared th<strong>at</strong> the sands of time<br />

stood still for a few hours as the game was actually called after 4 ½<br />

short innings with the “Mercy Rule” being put into play when the<br />

Oldies (but Goodies) stretched their lead to ten runs, with a final<br />

score of 20 to 10. Most importantly, NO injuries were reported!<br />

The Old Lawyers, led by skilled hitters/infielders Judge Stahnke,<br />

Judge Gonzales, Shawn MacPherson and Steve Turner. This is<br />

not to discount the amazing first base play of Bob Vukanovich,<br />

who dug out some very difficult throws to first base, securing<br />

some key outs against the Young Guns. Even the youngest “old<br />

guy,” yours truly, managed to lace a pair of triples to add to the<br />

mayhem. Dave West, Grant Broer, Bruce Colven and the feisty<br />

Judge Roger Bennett (Ret.) also added to the proverbial be<strong>at</strong><br />

down. Unofficial MVP, Scott “the Ace” Horenstein, also led the<br />

Oldies to a victory with his very tight pitching and excellent fielding<br />

skills. All in all, suffice it say a good time was had by all and<br />

we look forward to the defense of our championship next year.<br />

It should be mentioned th<strong>at</strong> the Young Lawyers were absolute<br />

gentlemen throughout the game, and even <strong>at</strong> the after party <strong>at</strong><br />

the Brush Prairie Tavern buying a pitcher for the Old Guys who<br />

were already seizing up from the physical stress of the event.<br />

HEARSAY - OCTOBER 2011 13


CLARK COUNTY DISTRICT COURT BENCH/BAR<br />

MEETING MINUTES<br />

SEPTEMBER 13, 2011<br />

JOHN FAIRGRIEVE<br />

<strong>CCBA</strong> President<br />

The meeting began shortly after noon. Persons present were Ann<br />

Christian, Suzan <strong>Clark</strong>, He<strong>at</strong>her Beasley, Emily Sheldrick, Clay<br />

Spencer and John Fairgrieve.<br />

OLD BUSINESS:<br />

1. Competency evalu<strong>at</strong>ions being conducted on out-of-custody<br />

criminal defendants by Western St<strong>at</strong>e Hospital (WSH):<br />

Ann Christian told the committee th<strong>at</strong> currently the wait to have<br />

an out of custody criminal defendant evalu<strong>at</strong>ed for competency<br />

is about six to eight months. In the future WSH is planning on<br />

sending three psychologists to Vancouver every other month<br />

to evalu<strong>at</strong>e defendants. The psychologists should be able to<br />

evalu<strong>at</strong>e a maximum of ten defendants on each of these trips<br />

to Vancouver.<br />

Clay Spencer asked if the court could appoint local psychologists<br />

to conduct the evalu<strong>at</strong>ions to cut down on the backlog.<br />

John Fairgrieve expressed concern th<strong>at</strong> by doing so it would shift<br />

the cost of paying for such evalu<strong>at</strong>ions from the st<strong>at</strong>e to <strong>Clark</strong><br />

<strong>County</strong>. Clay also mentioned th<strong>at</strong> defense counsel were not<br />

being given any notice of when WSH psychologists were coming<br />

to Vancouver to evalu<strong>at</strong>e their clients, cre<strong>at</strong>ing problems for<br />

defense counsel who wish to be present during the evalu<strong>at</strong>ion.<br />

Ann Christian indic<strong>at</strong>ed th<strong>at</strong> she would look <strong>at</strong> working with the<br />

prosecuting <strong>at</strong>torney’s (PA’s) office on possibly modifying the<br />

standard evalu<strong>at</strong>ion order form to require th<strong>at</strong> WSH give<br />

defense counsel notice of when their clients would be evalu<strong>at</strong>ed.<br />

Clay Spencer also asked whether, in criminal cases involving<br />

defendants who are military veterans, Veterans Administr<strong>at</strong>ion<br />

records concerning prior mental health evalu<strong>at</strong>ions and tre<strong>at</strong>ment<br />

could be made available to evalu<strong>at</strong>ors to assist them and<br />

perhaps streamline their evalu<strong>at</strong>ions. He also asked if the PA’s<br />

office could be more flexible in fashioning resolutions in criminal<br />

cases involving veterans.<br />

2. Felony Indigent Defense Appointments: Ann Christian<br />

reported th<strong>at</strong> the gross number of cases is not higher than it was<br />

last year <strong>at</strong> this time, but th<strong>at</strong> the number of serious cases is on<br />

the rise.<br />

3. Jail Contact Rooms: Ann Christian told the committee th<strong>at</strong><br />

adjustments had been made th<strong>at</strong> decreased the problems th<strong>at</strong><br />

were reported to the committee in July. However, Suzan <strong>Clark</strong><br />

and Clay Spencer reported th<strong>at</strong> they are often forced to use noncontact<br />

rooms when meeting with their clients in the jail due to<br />

the lack of contact rooms. Additionally, Suzan reported th<strong>at</strong><br />

there is often a wait of 30-45 minutes for a contact room.<br />

NEW BUSINESS<br />

1. Discrepancy in the West public<strong>at</strong>ion of the <strong>Clark</strong> <strong>County</strong><br />

Local Rules: Emily Sheldrick reported th<strong>at</strong> the current West version<br />

of the <strong>Clark</strong> <strong>County</strong> Local Rules st<strong>at</strong>es th<strong>at</strong> local rules 56<br />

and 59 are no longer in effect. This is incorrect; local rules 56<br />

and 59 are still in effect. The m<strong>at</strong>ter was tabled until the committee’s<br />

next meeting because no represent<strong>at</strong>ive of the bench was<br />

present to discuss the issue.<br />

2. Next Bench <strong>Bar</strong> committee meeting: The committee will meet<br />

next on Tuesday, October 11, 2011 <strong>at</strong> noon in Judge Nichols’<br />

jury room.<br />

Respectfully submitted,<br />

John Fairgrieve<br />

District Court Reminder:<br />

Attorneys are expected to be in court <strong>at</strong> or before their scheduled hearing times. To improve the timeliness and coverage/flow<br />

of the dockets, if <strong>at</strong>torneys have multiple appearances in different courtrooms set <strong>at</strong> the same time, the <strong>at</strong>torney is required to<br />

check in with the Judicial Assistant <strong>at</strong> or before the time set for hearing to inform the court of the other appearance(s) and when<br />

the <strong>at</strong>torney will return.<br />

14 CLARK COUNTY BAR ASSOCIATION


Washington Women Lawyers presents:<br />

The Leader Within<br />

WWL is proud to present "The Leader Within" as a seminar on<br />

October 14th, in conjunction with our Annual Event. This seminar<br />

is open to anyone and everyone who is interested.<br />

Across the n<strong>at</strong>ion, lawyers and judges are exploring how mindfulness<br />

practices can increase professionalism and the quality of<br />

legal services, while also supporting lawyer well being. To learn<br />

more, please join WWL for an introduction to mindfulness for<br />

lawyers and judges.<br />

Sevilla Rhoads, who is both an employment lawyer with Garvey<br />

Schubert <strong>Bar</strong>er and an Associ<strong>at</strong>e Mental Health Counselor with<br />

Present Health and Wellness, will start our program by reviewing<br />

some of the neuroscientific theory behind mindfulness as it<br />

rel<strong>at</strong>es to the practice of law. Sevilla will also offer experiential<br />

demonstr<strong>at</strong>ions of several basic, practical mindfulness exercises<br />

designed for use by legal professionals.<br />

Next, our panel will discuss how they use mindfulness daily in<br />

their legal practices. Our panelists include: Anthony Gipe - civil<br />

litig<strong>at</strong>or and WSBA Governor <strong>at</strong> Large, Adriene Keith - Collabor<strong>at</strong>ive<br />

Family Law and Medi<strong>at</strong>or, and Sherry Williams - Pierce<br />

Co. Public Defender.<br />

We will close with a Question & Answer period for all of our presenters.<br />

We will also provide inform<strong>at</strong>ion to continue learning<br />

about Mindfulness either in person here in Washington, or<br />

through various written m<strong>at</strong>erials.<br />

Please join Washington Women Lawyers on October 14, 2011,<br />

<strong>at</strong> the Convention Center from 2 pm to 4 pm. This seminar will<br />

cost $40. For reserv<strong>at</strong>ions, please contact Pauline Woodman <strong>at</strong><br />

paulinewoodman@mac.com, or find more inform<strong>at</strong>ion <strong>at</strong><br />

http://www.wwl.org. We look forward to seeing you on<br />

October 14 in Se<strong>at</strong>tle!<br />

YOUNG LAWYERS CLE:<br />

Speaker: Honorable Judge John Wulle<br />

Tuesday, October 25, 2011<br />

11:45 a.m. – 1:00 p.m.<br />

El Presidente, Evergreen and C Street<br />

$20 for <strong>CCBA</strong> Members<br />

$25 for non-members<br />

$10 for law students<br />

Please RSVP to ccbayounglawyers@yahoo.com<br />

An <strong>at</strong>torney is considered a "Young Lawyer" until the 31st day of December of the year<br />

upon which he or she turns thirty-six (36) or until the 31st day of December of the year in<br />

which five (5) years have expired from the d<strong>at</strong>e they were first licensed to practice law in<br />

any st<strong>at</strong>e of the United St<strong>at</strong>es, whichever is l<strong>at</strong>er.<br />

HEARSAY - OCTOBER 2011 15


Family Law Section Meeting<br />

CHRIS BOYD<br />

Family Law Section President<br />

We had our first meeting of the new year on Thursday, September<br />

8, 2011. Jolene Sell gave an excellent present<strong>at</strong>ion on the<br />

changes to the parentage act. Thank you again, Jolene! Make<br />

sure you all check your forms as upd<strong>at</strong>ed pleadings are now on<br />

the Washington Courts website.<br />

The Family Law Section also presented Judge Collier and Judge<br />

Stahnke with plaques and “small” gifts to show our appreci<strong>at</strong>ion<br />

for their years as family law judicial officers. We are sad to see<br />

them go, but welcome Judge Nichols to family law.<br />

We discussed moving our meetings to Wednesdays to accommod<strong>at</strong>e<br />

Judge Nichols’ drug court commitments. Look for my email<br />

with the next meeting d<strong>at</strong>e, which will likely be a Wednesday.<br />

As always, our meetings are in the reserved lounge section of<br />

Tommy O’s, 801 Washington Street, Vancouver. The cost of<br />

the meeting will be $13.00 for lunch plus $5.00 for one CLE<br />

credit for <strong>CCBA</strong> FLS members. If you are not a member of the<br />

<strong>CCBA</strong> and FLS the cost is $13.00 for lunch and $10.00 for the<br />

CLE credit. Please RSVP by the Friday just prior to our<br />

Wednesday meeting by sending your payment to our section’s<br />

Treasurer, Meredith McKell Graff, 3214 NE 42nd Street, Suite<br />

B, Vancouver, WA 98663.<br />

Our officers are: President, Chris Boyd; Treasurer, Meredith<br />

McKell Graff; Secretary, Stephanie Ellis.<br />

If you would like to <strong>at</strong>tend a <strong>CCBA</strong> FLS meeting and do not currently<br />

receive the email upd<strong>at</strong>es, please email me <strong>at</strong><br />

cboyd@vancouverlaw.net.<br />

Remember to visit the blog for upd<strong>at</strong>es and announcements:<br />

http://ccbafamilylawsection.blogspot.com/<br />

Very Truly Yours,<br />

Chris Boyd<br />

<strong>CCBA</strong> Monthly Board of Directors’ Meeting<br />

DAVID GREGERSON<br />

Hearsay Special Correspondent<br />

Present: Kurt Rylander, John Fairgrieve, Jane <strong>Clark</strong>,<br />

Suzan <strong>Clark</strong>, David Gregerson, J.D. Nellor<br />

President Rylander called the meeting to order, noting this<br />

would be his last board meeting as President.<br />

<strong>CCBA</strong> General Meeting is set for September 14, 2011. The<br />

board will offer the sl<strong>at</strong>e of nominees for the officer positions, to<br />

wit: Vice President: Suzan <strong>Clark</strong>; Secretary: David Gregerson;<br />

Treasurer: J.D. Nellor; Trustee: Arin Dunn; Trustee: Jill Sasser.<br />

John Fairgrieve will autom<strong>at</strong>ically become President by oper<strong>at</strong>ion<br />

of the Bylaws.<br />

The income and expense report was reviewed, showing unaudited<br />

net income for the fiscal year in excess of $16,000.<br />

Renewal forms and membership dues are presently in process.<br />

<strong>Bar</strong>risters Ball venue has been chosen <strong>at</strong> the Pearson Airfield<br />

Museum. D<strong>at</strong>e remains to be selected by the committee, after<br />

checking the judges’ schedules.<br />

It was noted th<strong>at</strong> the Family Law section conducted its own bar<br />

poll sua sponte for the open court commissioner position. The<br />

<strong>CCBA</strong> initially intended to conduct its poll membership-wide.<br />

Given th<strong>at</strong> the FLS already conducted its poll and reported the<br />

results to the court, the general consensus was to not duplic<strong>at</strong>e<br />

by conducting a second poll.<br />

There being no further business, the meeting was, upon motion<br />

duly made and seconded, ADJOURNED.<br />

16 CLARK COUNTY BAR ASSOCIATION


CLARK COUNTY BAR ASSOCIATION CLE SERIES<br />

Nuts & Bolts: Wh<strong>at</strong> Every Practioner Needs to Know<br />

The <strong>Clark</strong> <strong>County</strong> <strong>Bar</strong> Associ<strong>at</strong>ion is delighted to announce th<strong>at</strong> it will host a CLE series geared to the<br />

new members of the legal community titled Nuts & Bolts: Wh<strong>at</strong> Every Practioner Needs to Know. The<br />

series will vary from one to three hours every second Wednesday of the month. Each session will fe<strong>at</strong>ure<br />

knowledgeable <strong>at</strong>torneys in a particular area of practice, and focus on the basic issues and procedures<br />

confronting an area of law. The current list of d<strong>at</strong>es and topics are as follows:<br />

D<strong>at</strong>e Topic Speaker<br />

October 12, 2011 Appell<strong>at</strong>e Practice Ret. Judge CC<br />

Bridgew<strong>at</strong>er<br />

Committee<br />

Member<br />

Suzan <strong>Clark</strong><br />

November 9, 2011 Bankruptcy Scott M<strong>at</strong>thews<br />

December 14, 2011<br />

Collecting on<br />

Judgments<br />

Mark Be<strong>at</strong>ty<br />

January Trial Skills Jane <strong>Clark</strong><br />

February Trial Skills Jane <strong>Clark</strong><br />

March Trial Skills Jane <strong>Clark</strong><br />

April Trial Skills Jane <strong>Clark</strong><br />

Each one of the series is on $50 or you can purchase a discount card and <strong>at</strong>tend 6 of the 12 events for<br />

$250. We’ll meet <strong>at</strong> the Quay <strong>at</strong> 3:00 and be done in time for happy hour. M<strong>at</strong>erials will be provided free<br />

for download for those who register three days before the seminar, or for a modest fee <strong>at</strong> the door.<br />

Call 695-5975 to register<br />

For firms with new associ<strong>at</strong>es, this series is a gre<strong>at</strong> way to support your local bar associ<strong>at</strong>ion<br />

and provide new associ<strong>at</strong>es with an introduction to the community and a broad set of useful<br />

legal skills and inform<strong>at</strong>ion.<br />

HEARSAY - OCTOBER 2011 17


DOUBLE HEARSAY<br />

Wh<strong>at</strong> <strong>CCBA</strong><br />

Members Are<br />

Doing About Town<br />

RAISA JUDICATA<br />

Guest Gossip Columnist<br />

Judge Harris looks pretty spry, all things<br />

considering.<br />

Judge Bennett looks on benevolently as he<br />

is honored.<br />

If you knew wh<strong>at</strong> was good for<br />

you, we saw you <strong>at</strong> the “retirement”<br />

party for Judge Roger<br />

Bennett <strong>at</strong> the Jury Room in the<br />

Courthouse. Even retired Judge<br />

Robert Harris <strong>at</strong>tended in the second<br />

of his two braces for a broken<br />

neck since retirement in December<br />

2009. As everyone probably<br />

already knows, retirement from<br />

the <strong>County</strong> does not necessarily<br />

mean retirement from the public<br />

eye. Judge Bennett has joined the<br />

firm including Jessica Dimitrov,<br />

Jim Senescu and Chris Babich so<br />

he can fight crime and vulnerable<br />

adult exploit<strong>at</strong>ion, or<br />

medi<strong>at</strong>e/arbitr<strong>at</strong>e your messy dispute.<br />

So wh<strong>at</strong> do we call him?<br />

Judge….Mr. Bennett (the other<br />

one)….Rog?<br />

When one leaves, another fills his place. Judge Dan Stahnke was<br />

sworn in as <strong>Clark</strong> <strong>County</strong> Superior Court Judge in Department 1<br />

on September 1, 2011 before a standing-room only courtroom.<br />

Judge Stahnke began his career as a jail custody officer for <strong>Clark</strong><br />

<strong>County</strong>, then went to law<br />

school <strong>at</strong> Lewis & <strong>Clark</strong><br />

in 1989 and after gradu<strong>at</strong>ion<br />

was off to priv<strong>at</strong>e<br />

practice with Jeff <strong>Bar</strong>rar<br />

and Don English. In<br />

2007 Judge Stahnke was<br />

appointed to Superior<br />

Court Commissioner,<br />

Judge Stahnke is sworn in. Photo by:Troy Wayrynen,<br />

the Columbian<br />

where he served until his<br />

appointment to Department<br />

1. Judge Stahnke will have a year on the bench before reelection<br />

of his position by voters in November 2012. Leaving a<br />

gap as Court Commissioner, candid<strong>at</strong>es have put their name in<br />

the ring for appointment by Superior Court, including:<br />

Josephine Townsend, Terry Vetter, Clayton Spencer, Dayann<br />

Liebman, Lisa Toth and Jennifer Snider. A family law preference<br />

poll was conducted among the Family Law Section and there are<br />

no plans to do a member-wide poll. According to the powers th<strong>at</strong><br />

be, by the time you read this, we may have a new Commissioner!<br />

We’ve come a long way, baby! <strong>Clark</strong> <strong>County</strong> and the Washington<br />

Women Lawyers have some Warriors on their hands. Rachel<br />

Brooks, Emily Sheldrick and Marisha Childs conquered the Warrior<br />

Dash on September 11, 2011 held in North Plains, Oregon. The<br />

Warrior Dash is 3.18 miles of mud crawling, fire leaping, extreme<br />

running from hell, with participants encountering obstacles (real<br />

fire!) to push their outer limits. These classy ladies crossed the finish<br />

line together, and then went home to wash the mud out of their hair.<br />

Marla Heikkala is finally in a walking cast. Since Marla spends<br />

the first part of each year with her husband in La Quinta, California<br />

(near Palm Desert) frolicking in the sun, you may never have<br />

seen her full leg cast and swollen toes. Marla had an unfortun<strong>at</strong>e<br />

golf cart accident in January resulting in a very messy broken leg<br />

(not her fault, she is a fabulous driver, just ask her). After wh<strong>at</strong><br />

will probably end up being a full year of tre<strong>at</strong>ment, she does not<br />

know <strong>at</strong> this point whether she will be able to golf again.<br />

Instead, she is keeping busy with her beautiful granddaughter.<br />

As long as her leg will move enough to give chase, she will be<br />

very blessed.<br />

Your esteemed colleague Raisa Judic<strong>at</strong>a can’t be everywhere. If you<br />

have a tidbit of news you would like the world to know, send a note<br />

to raisajudic<strong>at</strong>a@gmail.com. Raisa usually checks in the first Monday<br />

of every month. Remember, it is your ethical duty to support<br />

your member organiz<strong>at</strong>ion with juicy gossip and goings on.<br />

18 CLARK COUNTY BAR ASSOCIATION


GETTING TO KNOW:<br />

LISA DARCO<br />

“Getting to Know” is a monthly fe<strong>at</strong>ure designed to better acquaint<br />

the membership with our local <strong>at</strong>torneys, judges and other people of<br />

interest to the <strong>Clark</strong> <strong>County</strong> bench and bar. This month’s subject is<br />

<strong>CCBA</strong> Office Manager, Lisa Darco.<br />

Where did you grow up and how did you end<br />

up in Vancouver?<br />

I grew up in Camas and am a proud Papermaker! My parents,<br />

sister and brother and their families live in the<br />

Camas/Washougal area and I still <strong>at</strong>tend every home football<br />

game and proudly wear the black and red! I moved to Vancouver<br />

in 2002 after I got married.<br />

How did find your way to the <strong>CCBA</strong> office?<br />

I ended up in the <strong>CCBA</strong> office with a little bit of luck and a<br />

whole lot of prayer! I spent the past 20 years as a professional<br />

nanny. I’m very proud of my nanny career and loved all the<br />

opportunities it provided me as I traveled and explored my<br />

way trough my twenties! After I married into a ready made<br />

family I was able to spend lots of time with my kids, now nearly<br />

20 and 17. Feeling the empty nest creep up on us, I decided to<br />

stretch my wings and try something new. I’ve always been an<br />

organizer and a planner and I really wanted to find something<br />

“administr<strong>at</strong>ive” for my second career. I found out about the<br />

opening in the <strong>CCBA</strong> office from a dear friend who is a local<br />

<strong>at</strong>torney and due to my stellar resume (and more than a little<br />

desper<strong>at</strong>ion on their end), here I am!<br />

Wh<strong>at</strong> are the best and worst things about interacting<br />

with local <strong>at</strong>torneys and prosecutors?<br />

I’ve had nothing but gre<strong>at</strong> interactions so far (knock wood)!<br />

Everyone has been very friendly and welcoming.<br />

Wh<strong>at</strong> has been the biggest lesson of your<br />

career in the <strong>CCBA</strong> office?<br />

In my 6 week tenure, the biggest lesson I’ve learned is th<strong>at</strong><br />

managing the office is not th<strong>at</strong> much different than nanny-ing<br />

in many respects! Lots of multi-tasking, quick thinking and<br />

more than a few reminders rule the days!<br />

Wh<strong>at</strong> activities do you enjoy in your spare time?<br />

In my spare time I love to read, cook, spend time with my<br />

family and I occasionally make some crazy good cupcakes.<br />

Favorite vac<strong>at</strong>ion destin<strong>at</strong>ion (or dream vac<strong>at</strong>ion)?<br />

I love camping with my family. We love the beach and hope to<br />

retire somewhere along the Oregon Coast when we’re old<br />

and wrinkly.<br />

Wh<strong>at</strong> would you <strong>at</strong>tempt to do if you<br />

knew th<strong>at</strong> you could not fail?<br />

If I knew I couldn’t fail, I would absolutely open a bakery.<br />

I’d hire my mom who’s a phenomenal cook, my sister who<br />

could make a cardboard box feel like the loveliest and most<br />

welcoming home, my brother who is an amazing cook and<br />

the hardest worker I’ve ever known and we would bake<br />

mountains of tre<strong>at</strong>s and probably have to go n<strong>at</strong>ionwide<br />

because of our awesomeness.<br />

Describe a few pet peeves of yours.<br />

I’m really annoyed by l<strong>at</strong>eness and bad manners.<br />

Wh<strong>at</strong> do you know now th<strong>at</strong> you wish someone<br />

had told you 10 years ago?<br />

I’m not so sure it’s wh<strong>at</strong> I didn’t know as much as wh<strong>at</strong> I didn’t<br />

believe. Who knew th<strong>at</strong> having kids was really as hard as I was<br />

told? Who knew it really was a good idea to savor those carefree<br />

days of youth and not long for being a “grown-up”? Who<br />

knew th<strong>at</strong> although wonderful and rewarding, owning a home<br />

involved so much stress? Who knew?<br />

Wh<strong>at</strong> childhood event shaped or scarred you the most?<br />

I moved to Boston when I was 18 years old to take my first<br />

nanny job. Leaving behind my small town and super close<br />

knit family for the bright lights and big city changed me.<br />

I like to think it was for the better! Moving away gave me a<br />

real appreci<strong>at</strong>ion for my home and family and gave me a new<br />

perspective on the number of opportunities available. I hope<br />

my kids take advantage of all their potential and have big<br />

adventures like th<strong>at</strong>!!<br />

HEARSAY - OCTOBER 2011 19


The <strong>Clark</strong> <strong>County</strong> <strong>Bar</strong> Associ<strong>at</strong>ion Presents a CLE:<br />

~ Controversial Issues in Medi<strong>at</strong>ion ~<br />

by Richard G. Spier, Jane E. <strong>Clark</strong>, and Steven C. Andersen<br />

Tuesday, October 25th, 9:00 – 11:30 am (Sign In <strong>at</strong> 8:45)<br />

Public Service Center, 1300 Franklin St, 6 th Floor Training Room<br />

Beverages and Cookies Provided! <br />

2.0 CLE Credits and 0.5 ethics credits are offered <strong>at</strong> $35.00 per credit for a total<br />

of $87.50. (For non <strong>CCBA</strong> members, the price is $45.00 per credit, for a total of<br />

$112.50). Oregon credits pending.<br />

There is an Early-bird discount of $5 per credit for those registering on or<br />

before Tuesday, October 18 th .<br />

To register: call the <strong>CCBA</strong> <strong>at</strong> (360) 695-5975, OR email: cle@ccbawashington.org, OR<br />

FAX this flyer to (360) 737-6891 with your BAR NUMBER ________________________,<br />

NAME _____________________________________________ PHONE #__________________________,<br />

and EMAIL (if you want to download the m<strong>at</strong>erials) __________________________________________.<br />

Rich Spier received his JD from Cornell Law School in 1976. Following practice as a litig<strong>at</strong>or<br />

in prominent Portland firms, he opened his full-time practice as an arbitr<strong>at</strong>or and medi<strong>at</strong>or in<br />

Portland, Oregon, in 1992; he has handled several thousand engagements as an arbitr<strong>at</strong>or or<br />

medi<strong>at</strong>or. He now limits his practice to medi<strong>at</strong>ion in Oregon and Washington, and maintains<br />

active memberships in both st<strong>at</strong>es’ bars. He limits his medi<strong>at</strong>ion practice to cases in which all<br />

parties are represented by legal counsel.<br />

Rich has served as Chair of the Oregon St<strong>at</strong>e <strong>Bar</strong> Section on Altern<strong>at</strong>ive Dispute Resolution,<br />

Chair of the Oregon St<strong>at</strong>e <strong>Bar</strong> Committee on Federal Practice and Procedure, as a member of the Oregon Board<br />

of <strong>Bar</strong> Examiners, and as a member of the Oregon St<strong>at</strong>e <strong>Bar</strong> Disciplinary Board Trial Panel.<br />

Steve Andersen received his JD in 1995 from the Santa Clara University School of Law.<br />

He represents litigants in Construction, Commercial, and Real Est<strong>at</strong>e disputes, and<br />

Professional Liability suits. He has been admitted to the bars of Washington, Oregon, and<br />

California, and to the US district courts of Oregon, the western district of Washington, and<br />

the northern district of California.<br />

Jane <strong>Clark</strong> has 20 years of experience handling personal injury and Medical Malpractice<br />

actions. She is licensed in Washington, Oregon, England and Wales. She is an adjunct<br />

professor <strong>at</strong> Portland St<strong>at</strong>e University where she teaches a class on Psychology and the Law.<br />

She is on the board of trustees for the <strong>Clark</strong> <strong>County</strong> <strong>Bar</strong> Associ<strong>at</strong>ion and chair of the <strong>CCBA</strong><br />

Continuing Legal Educ<strong>at</strong>ion Committee.<br />

The focus of Jane’s practice is representing plaintiffs in medical malpractice cases and<br />

personal injury cases. Jane is also a medi<strong>at</strong>or in the area of Personal Injury and Medical<br />

Malpractice, and is a member of the USA&M medi<strong>at</strong>ion panel.<br />

20 CLARK COUNTY BAR ASSOCIATION


Controversial Issues in Medi<strong>at</strong>ion<br />

by Richard G. Spier, Jane E. <strong>Clark</strong>, and Steven C. Andersen<br />

As medi<strong>at</strong>ion becomes “mainstream,” counsel regularly confront difficult issues of tactics, ethics, and<br />

overall approach in handling a medi<strong>at</strong>ed case. This intermedi<strong>at</strong>e-to-advanced level program is focused on some<br />

of these controversial questions, and is intended for lawyers who already have experience representing clients as<br />

counsel in medi<strong>at</strong>ions.<br />

I. When not to medi<strong>at</strong>e<br />

Is medi<strong>at</strong>ion overused?<br />

The disappearing jury trial<br />

Credibility as litig<strong>at</strong>or<br />

II.<br />

Approaching medi<strong>at</strong>ion<br />

Timing/stage of the case<br />

Who should be present?<br />

Should plaintiffs’ counsel insist on the presence of the adjuster?<br />

Should defense counsel have the insured client present, even if no coverage or limits issue?<br />

Should counsel insist on an offer or response to offer before the medi<strong>at</strong>ion?<br />

Negoti<strong>at</strong>ing the selection of the medi<strong>at</strong>or (medi<strong>at</strong>or styles and personalities)<br />

III.<br />

IV.<br />

Ethics in medi<strong>at</strong>ion<br />

Are there ethical oblig<strong>at</strong>ions of lawyer medi<strong>at</strong>ors of which counsel should be aware?<br />

Puffing versus fraud<br />

Opinion versus fact<br />

Candor with the medi<strong>at</strong>or<br />

Commenting on authority<br />

Prepar<strong>at</strong>ion and negoti<strong>at</strong>ion<br />

Timing of Negoti<strong>at</strong>ion<br />

Negoti<strong>at</strong>ion tips and tactics<br />

Preparing clients for negoti<strong>at</strong>ion and medi<strong>at</strong>ion<br />

V. Dealing with the medi<strong>at</strong>or<br />

Is the medi<strong>at</strong>or your friend?<br />

Should counsel reveal the client’s bottom line?<br />

Should counsel allow the medi<strong>at</strong>or to suggest a settlement (the “medi<strong>at</strong>or’s offer”)<br />

When is a deal binding?<br />

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www.canarealty.com<br />

Office: (360) 696-9551<br />

Stephanie@canarealty.com<br />

Executive Suites (208-224 sq. ft.)<br />

Office Space (1,460-2,298 sq. ft.)<br />

Contact Stephanie Boyce for Inform<strong>at</strong>ion, Floor Plans, and Tours.<br />

Comfort, security and luxury are just a few words th<strong>at</strong> describe the<br />

Riverview Tower. We look forward to hearing from you!<br />

Available<br />

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Over 25 Years Assisting to Achieve Employment Goals<br />

Respectful. Clear. Helpful.<br />

• Wage payment<br />

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• Challenging behaviors<br />

• Leave laws<br />

• Disability accommod<strong>at</strong>ion<br />

• Drug testing<br />

360.816.2475<br />

linda.frischmeyer@landerholm.com<br />

805 Broadway, Ste. 1000 • Vancouver, WA 98660<br />

HEARSAY - OCTOBER 2011 21


Susan Arney, Executive Director<br />

Ashley Belisle, Program Coordin<strong>at</strong>or<br />

Administr<strong>at</strong>ive: 360-823-0423 • E-mail: susana@ccvlp.com<br />

St<strong>at</strong>istics for August include 63 clients seen in advice clinics,<br />

32 in Family Law, 213 in Family Law paperwork review clinic,<br />

5 in the General Law clinic, 3 in the Bankruptcy Clinic and 10 in<br />

Housing Justice Project clinic. We placed 3 case with an <strong>at</strong>torney<br />

for direct represent<strong>at</strong>ion. There were 92 hours of volunteer<br />

<strong>at</strong>torney time don<strong>at</strong>ed.<br />

A letter to our Volunteer of the Year last year from a client:<br />

Representing clients in<br />

Oregon and Washington<br />

S.W. Washington office<br />

805 Broadway Street, Vancouver<br />

(360) 823-0410<br />

GevurtzMenashe.com<br />

Thanks, Susan<br />

MANY THANKS TO ALL THE ATTORNEYS AND<br />

PARALEGALS WHO STAFFED THE ADVICE CLINICS,<br />

HOMELESS CLINICS, PROVIDED REPRESENTATION,<br />

AND VOLUNTEERED IN THE HOMELESS COURT IN<br />

THE MONTH OF AUGUST.<br />

Douglas Br<strong>at</strong>t, Bill Brendgard, Chuck Buckley, Tresa Cavanaugh,<br />

Elizabeth Christy, Winnie Cloements, Jeff Courser,<br />

Ivan Culbertson, Erin Culver, Ed Dawson, Darren DeFrance,<br />

Jessica Dimitrov, Daniel Divittorio, Gavin Flynn, Michael Green,<br />

Dee Grubbs, Susan Phillips Hammann, Lincoln Harvey,<br />

Scott Horenstein, Peter James, Vickie Kesala, Dustin Klinger,<br />

K<strong>at</strong>hy McCann, K<strong>at</strong>ie McGinley, Bill Montecucco,<br />

N<strong>at</strong>han Petersen, Hugh Potter, Rob Russell, Mark Samp<strong>at</strong>h,<br />

Jill Sasser, Diane Sweet, Bob Vukanovich, Ben Wolff, Phil Wuest<br />

TOO BUSY TO GET THAT<br />

BIG CASE MOVING?<br />

The daily rigors in a solo or small practice can make it difficult to stay on<br />

top of a wrongful de<strong>at</strong>h or serious personal injury case. We have the experience<br />

and financial backing to help you do wh<strong>at</strong> it takes to litig<strong>at</strong>e claims properly.<br />

The three senior partners in our firm each have over 30 years of experience.<br />

Ask about our reput<strong>at</strong>ion, or give us a call to discuss your client’s case.<br />

SCHAUERMANN, THAYER<br />

JACOBS & STAPLES, P.S.<br />

ATTORNEYS AT LAW<br />

AV Martindale-Hubbell R<strong>at</strong>ing<br />

1700 E. Fourth Plain Blvd. • Vancouver, WA<br />

(360) 695-4244<br />

www.stjps.com<br />

22 CLARK COUNTY BAR ASSOCIATION


Benefits of <strong>CCBA</strong> Membership<br />

HEARSAY Monthly Newsletter<br />

(and discounted advertising r<strong>at</strong>es)<br />

Free copy of the Membership<br />

and Resource Directory<br />

High-quality CLEs <strong>at</strong> discounted member<br />

r<strong>at</strong>es; saving you travel time and money<br />

on your annual educ<strong>at</strong>ional requirements<br />

Access to the Southwest Washington<br />

Lawyer Referral Service<br />

Social and networking opportunities<br />

throughout the year: quarterly membership<br />

meetings, annual Golf Tournament,<br />

Winter Social, and the Summer <strong>Bar</strong>beque<br />

The opportunity to particip<strong>at</strong>e in<br />

committees and sections pertinent<br />

to your interests and practice<br />

Call 695-5975 to become a member!<br />

Entertainment Books<br />

are still available!<br />

Now Only $10!<br />

Call Lisa <strong>at</strong> 695-5975<br />

HEARSAY - OCTOBER 2011 23


NEWS YOU CAN USE<br />

Judge Roger A. Bennett (Ret.) is now with the law firm of<br />

Dimitrov, Senescu & Bennett, PLLC<br />

1409 Franklin Street - Suite #207<br />

Vancouver, WA 98660<br />

360.696.7494 tel<br />

360.696.7499 fax<br />

rbenn21874@aol.com<br />

James D. Senescu and Jessica W. Dimitrov have changed their<br />

law firm name to Dimitrov, Senescu & Bennett, PLLC.<br />

Paul Henderson and Connie<br />

Taylor Henderson were married<br />

on June 28 <strong>at</strong> Machu Picchu in<br />

Peru. They came back to Vancouver<br />

to form the Henderson Law<br />

Firm, PLLC. Their practice<br />

emphasizes medical negligence<br />

claims.<br />

360-737-1478<br />

Jane <strong>Clark</strong>, formerly of Baumgartner, Nelson & Price, PLLC<br />

has opened her own practice:<br />

Jane <strong>Clark</strong> Legal<br />

1014 Franklin St., Ste 108<br />

Vancouver, WA 98660<br />

(360) 859-3823<br />

(503) 974-4161<br />

(360) 597-3766 (fax)<br />

Jane @janeclarklegal.com<br />

www.janeclarklegal.com<br />

New Address:<br />

Bjorn Hess<br />

The Hess Law Firm, PLLC<br />

2001 Main St.<br />

Vancouver, WA 98660<br />

(360) 553-9009<br />

(360) 546-5017 (fax)<br />

Oregon Medi<strong>at</strong>ion Associ<strong>at</strong>ion 25th Annual<br />

Fall Conference<br />

November 4 & 5, 2011<br />

Ambridge Event Center – Portland, OR<br />

www.omedi<strong>at</strong>e.org<br />

FYI: The <strong>CCBA</strong> is no longer processing applic<strong>at</strong>ions for the<br />

Modest Means program. Please refer your clients to CLEAR <strong>at</strong><br />

888-201-1014.<br />

Attorney Conference Room Phone Hangs Up<br />

The <strong>CCBA</strong> has voted to cease paying for a landline phone in the<br />

Courthouse <strong>at</strong>torney conference room. The board noted th<strong>at</strong><br />

the cost is $390 per year, th<strong>at</strong> there are other public phones in<br />

the Courthouse, and th<strong>at</strong> virtually everybody has a cell phone.<br />

<strong>Bar</strong>risters’ Ball chooses C<strong>at</strong>erer and Charity<br />

Board has chosen Roots Restaurant & <strong>Bar</strong> for the c<strong>at</strong>erer for<br />

the upcoming, much anticip<strong>at</strong>ed February 2012 <strong>Bar</strong>rister’s Ball<br />

<strong>at</strong> Pearson Air Park. The Board has also chosen the YWCA<br />

SafeChoice Program as the design<strong>at</strong>ed charity recipient for all<br />

auction funds received.<br />

We are all part<br />

of the same bar<br />

Some <strong>at</strong>torneys have been paying family law section<br />

dues only, and not their <strong>CCBA</strong> membership dues.<br />

The <strong>CCBA</strong> has formally decided this issue in the past.<br />

An <strong>at</strong>torney is NOT allowed to be just a member<br />

of the family law section, and not a member of the<br />

<strong>CCBA</strong>. Attorneys must be a member of the <strong>CCBA</strong><br />

to be a member of the family law section, and must<br />

pay dues for both.<br />

24 CLARK COUNTY BAR ASSOCIATION


LAW LIBRARY NEWS<br />

ATTORNEY BOOKKEEPING TIPS<br />

MARIA SOSNOWSKI<br />

Law Librarian<br />

EMANUELA SANDRI<br />

Attorney Bookkeeping Services, Inc.<br />

By the time you read this Hearsay, the law library should have its<br />

new copiers in place. As we have been warning, the new copier<br />

equipment is not comp<strong>at</strong>ible with the old card reader system, so<br />

copycards are no longer accepted. We are sorry th<strong>at</strong> we cannot<br />

provide refunds on copycards. However, the new system should<br />

be able to accept bills up to $20 and return change in bills r<strong>at</strong>her<br />

than just coins, which will make using cash a lot easier than in the<br />

past. The new equipment will also be quieter, faster, and use less<br />

energy and need fewer repairs than our current equipment.<br />

And now, take a look <strong>at</strong> the many items we have available for bid<br />

during October:<br />

The law library is taking blind bids on the following items:<br />

1. Construction Litig<strong>at</strong>ion Handbook, 2010.<br />

2. New Appleman Insurance Law Practice Guide 2011.<br />

3. Collection Actions with 2010 supplement.<br />

4. Fair Debt Collection with 2010 supplement.<br />

5. Determin<strong>at</strong>ion of Income for Child Support CD Rom,<br />

2010.<br />

6. Trial Evidence Found<strong>at</strong>ions CD Rom, 2010.<br />

7. Determining Economic Damages CD Rom, 2010.<br />

Give your bid to the law librarian through the end of October. Bids<br />

must indic<strong>at</strong>e your name, phone number, amount, and item(s) on<br />

which you are bidding. Winners will be notified in early November.<br />

We reserve the right to withdraw an item from bidding.<br />

Maria Sosnowski,<br />

<strong>Clark</strong> <strong>County</strong> Law Librarian<br />

TRUST ACCOUNTING<br />

REPORTING REQUIREMENTS TO CLIENTS<br />

The Washington St<strong>at</strong>e <strong>Bar</strong> Associ<strong>at</strong>ion trust account reporting<br />

requirements to clients are:<br />

• whenever money is received or disbursed on client’s behalf –<br />

the most common method is to show the activity on the client’s<br />

monthly billing st<strong>at</strong>ement.<br />

• for client money held for a long period of time with no transactions<br />

occurring, send <strong>at</strong> least an annual accounting th<strong>at</strong> shows<br />

how much money is being held; if there is no specific reason to<br />

hold these funds in the trust account, return funds to the client.<br />

GOOGLE MAPS<br />

Checked your office loc<strong>at</strong>ion on Google maps?<br />

www.maps.google.com It’s FREE! Add or correct inform<strong>at</strong>ion,<br />

such as services, parking, office hours and more.<br />

Do two searches:<br />

1. Search company address<br />

2. Search company name<br />

Emanuela<br />

ATTORNEY BOOKKEEPING SERVICES, INC.<br />

LEGALLY DRAWN<br />

Advertise with us!!!<br />

Reach 500 Attorneys<br />

and Legal Professionals<br />

throughout <strong>Clark</strong> <strong>County</strong>!<br />

Call Lisa Darco for<br />

pricing & space availability:<br />

360-695-5975<br />

Reproduced with permission. For more cartoons and inform<strong>at</strong>ion, go to http://www.legallydrawn.com.<br />

HEARSAY - OCTOBER 2011 25


UPCOMING EVENTS<br />

MEETING<br />

October 5, 2011<br />

<strong>CCBA</strong> Board Meeting<br />

<strong>CCBA</strong> Office – Noon<br />

MEETING<br />

October 5, 2011<br />

<strong>CCBA</strong> Hearsay Meeting<br />

<strong>CCBA</strong> Office- 11:30am<br />

MEETING<br />

October 11, 2011<br />

Superior Court Bench/<strong>Bar</strong> Meeting<br />

Courthouse – Noon<br />

CLE<br />

CLE<br />

October 12, 2011<br />

Nuts & Bolts CLE: Appell<strong>at</strong>e Practice<br />

Red Lion <strong>at</strong> the Quay 3:00pm to 5:00pm<br />

SW WASHINGTON LAWYER<br />

REFERRAL SERVICE<br />

The <strong>CCBA</strong>’s Lawyer Referral Service is a program designed to<br />

help the general public find <strong>at</strong>torneys appropri<strong>at</strong>e for their<br />

needs, while <strong>at</strong> the same time providing a source of new client<br />

business exclusively to our members.<br />

To particip<strong>at</strong>e, members pay a small one-time annual fee.<br />

(The service is free to the public.) For more inform<strong>at</strong>ion,<br />

call the <strong>CCBA</strong> <strong>at</strong> 360-695-5975.<br />

THE SWLRS REFERRED 347 CLIENTS<br />

IN THE MONTH OF AUGUST<br />

MEETING<br />

Administr<strong>at</strong>ive Law ......................................................20<br />

Bankruptcy ....................................................................3<br />

Business & Corp ............................................................3<br />

Consumer ....................................................................16<br />

Criminal ...................................................................... 24<br />

Debt/Creditor ..................................................................4<br />

Family Law ..................................................................90<br />

General Litig<strong>at</strong>ion ........................................................92<br />

Labor & Employment....................................................22<br />

Real Property................................................................49<br />

Wills & Trusts ..............................................................13<br />

Worker’s Comp ..............................................................7<br />

October 13, 2011<br />

Young Lawyers Section – Happy Hour<br />

Top Shelf <strong>at</strong> 6th and Main from 5:00pm<br />

to 6:30pm<br />

MEETING<br />

October 12, 2011<br />

Family Law Section Meeting – “Town<br />

Hall”. Family Law Annex Noon – 1:00pm<br />

MEETING<br />

October 18, 2011<br />

CLE Committee Meeting<br />

<strong>CCBA</strong> Office 12:00pm<br />

MEETING<br />

October 20, 2011<br />

<strong>CCBA</strong> Web Site Committee meeting<br />

JD Nellor’s Office<br />

CLE<br />

October 25, 2011<br />

CLE: Medi<strong>at</strong>ion<br />

Public Service Center 9:00am<br />

CLE<br />

October 25, 2011<br />

Young Lawyers Section CLE<br />

El Presidente <strong>at</strong> Evergreen and C Street<br />

Special Guest Speaker: Judge John Wulle<br />

11:45apm to 1:00pm<br />

CLE<br />

November 9, 2011<br />

Nuts & Bolts CLE: Bankruptcy<br />

Red Lion <strong>at</strong> the Quay 3:00pm to 5:00pm<br />

Representing Injured<br />

Workers on Their<br />

Washington Claims<br />

Busick Hamrick, PLLC<br />

Steven L. Busick Frances R. Hamrick Douglas M. Palmer<br />

(360) 696-0228<br />

1915 Washington Street Vancouver, WA 98660<br />

26 CLARK COUNTY BAR ASSOCIATION


2011/2012 <strong>CCBA</strong> OFFICERS & TRUSTEES<br />

PRESIDENT<br />

John Fairgrieve<br />

(360) 397-2261<br />

john.fairgrieve@clark.wa.gov<br />

VICE-PRESIDENT<br />

Suzan <strong>Clark</strong><br />

(360) 735-9434<br />

sclark4224@aol.com<br />

TREASURER<br />

J.D. Nellor<br />

(360) 695-8181<br />

jd@nellorlaw.com<br />

SECRETARY<br />

David Gregerson<br />

(360) 906-1164<br />

david@gregersonlangsdorf.com<br />

IMMEDIATE PAST PRESIDENT<br />

Kurt Rylander<br />

(360) 750-9931<br />

rylander@rylanderlaw.com<br />

TRUSTEE<br />

Jane <strong>Clark</strong><br />

(360) 694-4344<br />

jclark@bnplaw.com<br />

TRUSTEE<br />

Arin Dunn<br />

(360) 737-6793<br />

arin@dunnsheldrick.com<br />

TRUSTEE<br />

Jill Sasser<br />

(360) 816-2534<br />

jill.sasser@landerholm.com<br />

VLP REPRESENTATIVE<br />

David Gregerson<br />

(360) 906-1164<br />

david@gregersonlangsdorf.com<br />

OFFICE MANAGER<br />

Lisa Darco<br />

(360) 695-5975<br />

ccbamanager@ccbawashington.org<br />

MEMBER SERVICES<br />

Kaitlin Lisandrelli<br />

(360) 695-5975<br />

kaitlin@ccbawashington.org<br />

HEARSAY EDITOR-IN-CHIEF<br />

Kurt Rylander<br />

(360) 750-9931<br />

rylander@rylanderlaw.com<br />

Calling All<br />

Social Volunteers<br />

The <strong>Bar</strong>rister’s Ball committee is desper<strong>at</strong>ely<br />

in need of volunteers to help with the planning,<br />

setup, and running of the <strong>Bar</strong>rister’s Ball.<br />

We also need people to help canvas businesses<br />

for charity don<strong>at</strong>ions to be auctioned.<br />

The charity this year to receive the funds<br />

will be the YWCA SafeChoice Program.<br />

Call Lisa Darco <strong>at</strong> 695-5975


CLARK COUNTY BAR ASSOCIATION<br />

500 W. 8th Street, Suite 65<br />

Vancouver, WA 98660<br />

PRSRT STD<br />

U.S. POSTAGE<br />

PAID<br />

VANCOUVER, WA<br />

PERMIT NO. 620<br />

Advertise in HEARSAY<br />

Does your business c<strong>at</strong>er to the legal industry?<br />

Get targeted exposure to <strong>CCBA</strong> members and associ<strong>at</strong>es!<br />

Reserve your ad space today! Call Lisa @ 695-5975

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