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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 />
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employment; real est<strong>at</strong>e & construction<br />
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Listed for Medi<strong>at</strong>ion in<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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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 />
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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