CLARK COUNTY BAR ASSOCIATION PRSRT STD U.S. POSTAGE … · donation of Tax Planning and Compliance...

CLARK COUNTY BAR ASSOCIATION500 W. 8th Street, Suite 65Vancouver, WA 98660

ccbawashington.orgMARCH 2012

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Does your business cater to the legal industry?Get targeted exposure to CCBA members and associates! Occupational Fraud

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THIS MONTH’S ISSUE

President’s Message ............................................................................3

Occupational Fraud: Deconstructing employee theft ..........................5

2011 - 2012 CLE and Nuts & Bolts Calendar ......................................8

Barristers Honor Their Own ..................................................................9

Classical Polka with a Driving Beat ....................................................15

WSBA Referendum: Vote YES/Vote NO ............................................18

What Does Your License Fee Support?..............................................20

WSBA License Fee Fact Sheet ............................................................21

Family Law Section Meeting ..............................................................22

CCBA Monthly Board Meeting Minutes..............................................24

TRIAL SKILLS: PRACTICAL DAY............................................................25

Double Hearsay ..................................................................................27

Hearsay Profile: Suzan Clark ..............................................................30

Clark County Volunteer Lawyers’ Program ........................................32

Law Library News................................................................................33

Attorney Bookkeeping Tips ................................................................33

News You Can Use..............................................................................33

SW Washington Lawyer Referral Service ..........................................34

Events Calendar ..................................................................................34

IMMEDIATE PAST PRESIDENTKurt Rylander(360) [email protected]

TRUSTEEJane Clark(360) [email protected]

TRUSTEEArin Dunn(360) [email protected]

TRUSTEEJill Sasser(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

OFFICE MANAGERLisa Darco(360) [email protected]

MEMBER SERVICESKaitlin Lisandrelli(360) [email protected]

HEARSAY EDITOR-IN-CHIEFKurt Rylander(360) [email protected]

PRESIDENTJohn Fairgrieve(360) [email protected]

VICE-PRESIDENTSuzan Clark(360) [email protected]

TREASURERJ.D. Nellor(360) [email protected]

SECRETARYDavid Gregerson(360) [email protected]

2011/2012 CCBA OFFICERS & TRUSTEES

RICHARD G. SPIERMEDIATOR

Highly experienced–full-time neutral since 1992

Business & commercial; personal injury; employment; real estate & construction

Listed for Mediation inThe Best Lawyers in America ®

Member, Oregon and Washington Bars503-284-2511

Fax 503-284-2519

[email protected] www.spier-mediate.com 2536 N.E. 28th Avenue Portland, Oregon 97212-4916

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

HEARSAY is published 12 times per year and is design edited by: JEFF GOUGH, Creative Director • GOUGH CREATIVE GROUP

360-818-4GCG • [email protected]

An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopysubscription for $48.00. Letters, news items, upcoming events and announcements are welcome. Articles by members are accepted. Submissions should be presented in Microsoft Word and may be edited for length, clarity and style. Submissions by members are published at the editor’s discretion and spaceavailable. Views expressed in articles represent the authors’ opinions, not necessarily the CCBA’s. The publication does not purport to offer legal advice.

CCBA OFFICE HOURS: Monday through Friday, 12:00 p.m. to 4:00 p.m.

Law office of:

JANE E. CLARKA T T O R N E Y A T L A W

1014 Franklin StreetFranklin Suites, Suite 108

Vancouver, WA 98660

Available for Referral or Association

Vancouver 360.859.3823Portland 503.974.4161

Email [email protected]

MEDICAL MALPRACTICEWRONGFUL DEATHPERSONAL INJURY

Advising Property Owners,Condominium & Homeowner

Associations for 20 years.

The focus of Mike Simon's lawpractice is representingcondominium and homeownersassociations, governmentcondemnations, individuals andbusinesses with land use, realestate, and civil litigationmatters. He approaches eachissue through its details,reviewing and interpreting themost complex documents toformulate the best approach torepresenting his clients.

MICHAEL SIMONPhone: 360-696-3312 (WA)

503-283-3393 (OR)

Fax: 360-696-2122

[email protected]

HEARSAY - MARCH 2012 334 CLARK COUNTY BAR ASSOCIATION

Dear fellow bar association members:

There are three matters that I would like to discuss in thismonth’s column: the recent Barrister’s Ball, our next generalmeeting in late March, and the American Bar Association’s mid-year meeting with particular emphasis on the problem with theunderfunding of courts at the state level and the impact it has onaccess to justice.

First, I’m happy to report that this year’s Barrister’s Ball was asuccess. Just under a hundred people attended the Ball at thePearson Air Museum, our new venue this year. Our membersand their guests raised approximately $3000 for this year’s char-ity, the Clark County YWCA’s SafeChoice domestic violenceprogram. Suzan Clark received the Donald Simpson Award forservice to the profession and Loren Etengoff received the KenWeber Award for service to the community. Additionally, theVolunteer Lawyers Program presented its Volunteer of the Yearaward to Peter Fels. I would like to take this opportunity toexpress my thanks to everyone who worked so hard to ensurethat the Ball was successful.

Second, as you may be aware, the bar association recentlychanged its bylaws to reduce the number of general meetings peryear to two: the annual meeting in September and one other gen-eral meeting that will be held this year on Monday, March 26. Atthe meeting later this month the board and I would like to engagein a discussion with you about the future direction of our barassociation and where we should spend our time and efforts.Some of the initial topics we would like to discuss are the futurescope and direction of the Barrister’s Ball, the scope and structureof a future mentorship program, what the bar association can doto more effectively engage with our community as a whole, andwhat we can do to encourage more attorneys in our county tobecome members of the association and to actively participate init. We would also like to discuss any other suggestions that thatyou have. Please forward any additional topics that you would

like to discuss to me or to Lisa Darco, the bar association’s officemanager, at [email protected].

Finally, on February 6 of this year the House of Delegates(HOD) of the ABA held its mid-year meeting. The HOD passeda series of resolutions including a trio that suggested making lab-oratory and forensic reports more understandable, suggestedthat attorneys conducting voir dire ask questions to probepotential jurors’ knowledge of scientific principles relevant toforensic science in appropriate cases, and consider the mannerin which expert testimony should be presented to juries duringtrial. A list of all resolutions passed by the HOD can be found atwww.americanbar.org under the House of Delegates tab.

The House was also addressed by William T. Robinson, the cur-rent president of the ABA, who described state courtunderfunding as “the most pressing legal issue facing the legalprofession today.” He went on to state that 42 of the nation’sstates have reduced funding for courts in the past year.[1] In arelated article in November 2011 in the New York Times DavidBoies, co-chairman of a commission formed by the AmericanBar Association to study court budget issues, stated that: “Thejustice system’s funding has been decreasing in constant dollarsfor at least two decades,” … “We are now at the point wherefunding failures are not merely causing inconvenience, annoy-ances and burdens; the current funding failures are resulting inthe failure to deliver basic justice.”[2]

We as attorneys all have an obligation to work to see that ourstate judicial system is adequately funded and to educate our leg-islators on the consequences of inadequate funding. We also havean obligation to work to ensure that our fellow citizens havemeaningful access to the justice system. Two of our fellow barmembers, Loren Etengoff and Peter Fels, have worked tirelesslyat the state and local levels to improve access to justice for our fel-low citizens. We can all benefit from their sterling example.

[1] Smith, Jennifer, “Justice Delayed, Lawyers Unpaid?”, The Wall Street Journal Law Blog, February 9, 2012, 6:35 pm.[2] Schwartz, John, “Critics Say Budget Cuts for Courts Risk Rights”, The New York Times, November 27, 2011, p. A 18.

PRESIDENT’S MESSAGE

JOHN FAIRGRIEVECCBA President

The CCBA’s Lawyer Referral Service is a program designed tohelp the general public find attorneys appropriate for theirneeds, while at the same time providing a source of new clientbusiness exclusively to our members.

To participate, members pay a small one-time annual fee. (The service is free to the public.) For more information, call the CCBA at 360-695-5975.

THE SWLRS REFERRED 262 CLIENTS IN THE MONTH OF JANUARYAdministrative Law ......................................................11Bankruptcy ....................................................................3Business & Corp ............................................................5Consumer ....................................................................14Criminal ........................................................................15Debtor/Creditor ............................................................19Family Law ..................................................................39General Litigation ........................................................71Labor & Employment....................................................22Real Property................................................................37Wills & Trusts ..............................................................13Worker’s Comp ..............................................................5International Law............................................................1ADA ................................................................................1

SW WASHINGTON LAWYERREFERRAL SERVICE

Representing InjuredWorkers on Their

Washington ClaimsBusick Hamrick, PLLC

Steven L. Busick Frances R. Hamrick Douglas M. Palmer

(360) 696-02281915 Washington Street Vancouver, WA 98660

UPCOMING EVENTSMarch 13, 2012Superior Court Bench/Bar MeetingCourthouse – Noon

March 13, 2012CLE: Employment LawPublic Service Center 3:00pm - 5:00pm

March 14, 2012Family Law Section CLE & LunchTommy O’s - 11:30am

March 14, 2012Nuts & Bolts CLE: Trial Skills - DirectExamination, Cross Examination andExamination of ExpertsRed Lion at the Quay 3:00pm to 5:00pm

March 15, 2012Web Site Committee MeetingJD Nellor’s Office - Noon

March 20, 2012CLE Committee MeetingCCBA Office 12:00pm

March 21, 2012Inns of CourtLittle Italy's Trattoria - 5:00pm

April 4, 2012CCBA Hearsay MeetingCCBA Office- 11:30am

April 4, 2012CCBA Board MeetingCCBA Office – Noon

April 11, 2012Family Law Section CLE & LunchTommy O’s - 11:30am

April 11, 2012Nuts & Bolts CLE: Trial SkillsTrial ProceduresRed Lion at the Quay 3:00pm to 5:00pm

MEETING

MEETING

MEETING

MEETING MEETING

CLE

CLE

CLE

CLE

CLECLE

Visit us online at: ccbawashington.org


NEWS YOU CAN USE

The Southwest Washington Lawyer Referral Service has newhours. Calls will be answered Monday, Wednesday and Fridaybetween 11:00am and 4:00pm. When you refer a client to theSouthwest Washington Lawyer Referral Service please use theirdesignated phone number - (360) 695-0599. New Addresses:Malcolm Johnson201 NE Park Plaza Drive, Suite 200Battle Ground, WA 98604phone: (360) 687-3500fax: (360) 713-0097Robert Mitchelson415 SE 117th Ave.Vancouver, WA 98683The Volunteer Lawyer Program has a new website! Visit them at: www.ccvlp.org

LAW LIBRARY NEWS

1. Thanks to our donors! The law library would like to thankGimi Larsen for her donation of 3 audio CLEs. Gimi has reacti-vated her bar membership and will be specializing in adoptions.We also want to thank Pabst, Holland & Reynolds for theirdonation of Tax Planning and Compliance for Tax-ExemptOrganizations. They are long-time law library supporters and weappreciate their thinking of us. 2. Law Library Copiers ExplainedWe have had a lot of questions about the new copiers in the lawlibrary so I want to address the most common ones here.Q: What happened to copy cards?A: The old vendor was closing down his business, and his equip-ment was quite outdated and no longer made or serviced by themanufacturer. Our new vendor tried hard to offer both cardsand cash, but there are compatibility issues. There were alsoissues with copy cards that would get "zapped" and no longerfunction. So we are cash only now.Q: How do I pay the copiers?A: Both machines take coins, dollar bills, and $5 bills. Thecopier in the closet will also accept $10 or $20 bills if you aredoing large jobs. However, please do not use large bills unlessyou are copying a lot, as all change is in coins.

Q: Why didn't the copier give me all my copies?A: If you run out of money in the middle of a copy job, themachine does not remember where it left off and you must returnthe originals that were not copied to be run. It does not retain thejob in memory after the money runs out. (which prevents youfrom paying for copies someone else left in the machine) You canadd more money to the copier while it is copying if you think youare going to run out. However, the machine on the left has a $5maximum, and the one on the right has a $20 maximum. Q: Why didn't I get change?A: You must push the coin return to get change back. If you ranout of money while copying, there is no change to return. Theoriginals run through the sheet feeder much more quickly thanthe copies come out.Also, if you add money you must run a copy to get change - there is nochange returned if money is inserted and copies are not run after that.

QuickBooks — Customize Columns for ListsYou can customize the columns for general lists accessed the Lists menu, primary center lists (Customers & Jobs, Vendors, and Employees lists), and the transaction lists in the Centers.For each primary center list, you can customize both the normallist view and the expanded list1 view . Each view can have a distinct set of columns.To customize columns:1. Display the list that has the columns you want to customize.Loading, please wait . . .2. Right-click on the list and choose Customize Columns.3. To add a column, select it in the left pane and click Add. Toremove a column, select it in the right pane and click Remove.24. If desired, you can change the order in which the columns aredisplayed by selecting a column in the right pane and clickingMove Up or Move Down.25. When you're finished, click OK.1: To expand the center list, right-click in the center list and

choose the Show Full List Only option (for example, Show FullVendors List Only). To return to normal list view, right-clickanywhere in the list and choose Show List and Details (forexample, Show Vendor List & Details).2: You can click Default at any time to return to the presetcolumns for the list.Thank you, Emanuela

MARIA SOSNOWSKILaw Librarian

ATTORNEY BOOKKEEPING TIPSEMANUELA SANDRIAttorney Bookkeeping Services, Inc.

LISA DARCOCCBA Office Manager

Martindale-Hubbell recognizes William F. Nelson as an AV ratedattorney, the highest such ratingavailable to any individual lawyer.

Available for consultation or referralon professional negligence and serious personal injury claims.

WILLIAM F. NELSONBaumgartner, Nelson & Price, PLLC

Celebrating forty years of evaluating,settling, and trying claims of professional negligence and serious personal injury inSouthwest Washington.

Many thanks to the more thansixty lawyers, judges and court personnel for the referralsthat have made this celebrationpossible.

And special thanks to my partnersof fifteen years - Bill Baumgartner and Greg Price.

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Susan Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423E-mail: [email protected] for January include 71 clients seen in advice clinics, 28in Family Law, 15 in Family Law paperwork review clinic, 2 in theGeneral Law clinic, . We also saw 11 clients at the court house forthe Housing Justice Project, 10 in the Housing Justice ProjectClinic and 2 clients at the Homeless Shelter clinic. We placed 10cases with an attorney for direct representation. There were184.00 hours of volunteer attorney time donated.Congratulations to our 2011 Volunteer of the Year – Peter Fels.Peter has volunteered for the CCVLP every year since 1995. Weare truly pleased to be able to recognize all his efforts. Peter volun-teers once a month at the Homeless Shelter Legal Clinic talking towho ever walks in the door about whatever legal issue they bring.Peter also participates in Project Homeless Connect and Veter-ans Stand Down.Finally, Peter is always willing to take those cases that come upthat I don’t know what to do with – Ones that are not family lawand not landlord tenant – Things like pensions, employmentissues and others.Our sincere thanks for all Peter has done – Last year especially!Thanks, Susan

MANY THANKS TO ALL THE ATTORNEYS AND PARALEGALS WHO STAFFED THE ADVICE CLINICS,

HOMELESS CLINICS, PROVIDED REPRESENTATION,AND VOLUNTEERED IN THE HOMELESS COURT IN

THE MONTH OF JANUARYBANKRUPTCY:

Mark Carter

DV CLINIC:Sidney Dolquist, Susan Phillips Hammann, Christie Martin,

Katie McGinley, Lisa Peterson, Jill Sasser, Kathryn Smith

FAMILY LAW:Ed Dawson, Sidney Dolquist, Michael Green, Lincoln Harvey,

Howard Marshack, Katie McGinley, Erin Wasley, John Vomacka,Bob Vukanovich, April Wright

GENERAL LAW:Carol McCaulley

HOMELESS COURT:Shon Bogar, Jeff Courser, Erin Culver, Michael Green, Brian Parker,

Abby Powell, Mark Sampath, Diane Sweet, Anna Waendelin

HOMELESS SHELTER:Peter Fels, Gavin Flynn, Dustin Klinger, David Feeney

HOUSING JUSTICE PROJECT:Tresa Cavanaugh, Ed Dawson, Janna Lovejoy, Scott Matthews,

Ben Wolff, Phil Wuest

The following is based on a true story:

“Sandy” had been practicing solo for nearly 30 years. Having beenburned once before, she did not want to believe it could happen toher again. First came the sting of realization, then the instinctivedenial, followed by the sinking sensation settling into the pit of herstomach. She fought to suppress the successive rising waves ofanger. A week later, by the time she and her accountant hadexamined her financial books, the betrayal was clear and the onlyremaining question was exactly how much damage had beendone. The stark truth was laid out: her own office assistant hadbeen stealing from her for two years–an inside job catalyzed by acombination of too much trust and too little oversight.

Buried in the stack of credit card and bank statements, the patternemerged. The office assistant had used the firm’s VISA card to pur-chase personal items, had written herself checks for unauthorizedbonuses, and had fudged the accounting of client reimbursementfor costs advanced. When it was all added up, the figure exceeded awhopping $80,000. Thankfully for Sandy, she had some insurancecoverage which helped mitigate some of her losses.

Sandy’s story is a classic inside job. The experts refer to it as“occupational fraud.” As lawyers, many of us have come acrossbusiness or professional clients who have been victimized. Some-times, it hits closer to home–as it did for Sandy. The financial lossand sense of betrayal can have devastating consequences. Under-standing the problem is key to engaging preventive strategies,whether advising the sole practitioner professional, the not-for-profit organization, or the Fortune 500 corporate client. Most ofthe thefts do not occur by criminal masterminds, but occur whenotherwise good employees get the sense that no one is “mindingthe store.” Generally speaking, the perpetrators only commitfraud if they believe they will not be caught.

Many businesses mistakenly rely on their accountant to alertthem to signs of fraud. However, only 4% of surveyed fraudswere discovered by external audit, with the vast majority beingdiscovered by some kind of a tip. Most small businesses onlycommunicate with their accountant during tax season, and cleveremployee theft can easily escape detection during preparation oftax returns. External audits increase the chance of detection, buttheir cost can be an issue for smaller organizations.

Some accountants undertake additional study to receive certifi-cation as Certified Fraud Examiners (CFE). They are the “NavySEALs” who are trained in rapid and effective response at thefirst sign of occupational fraud. A 2010 global fraud study by theAssociation of Certified Fraud Examiners (AFCE) sheds lighton the nature and scope of the problem:

• Survey participants estimated that the typical business loses5% of its annual revenue to fraud

• Median loss caused by occupational fraud was $160,000.Nearly 25% of the frauds involved losses of at least $1million.

• The frauds lasted a median of 18 months before beingdetected.

• Asset misappropriation schemes represented 90% of the cases,but were the least costly, with a median loss of $135,000

• Financial statement fraud schemes constituted less than 5% ofthe frauds, but caused a median loss of more than $4 million.

• Occupational frauds are much more likely to be detected by tipthan by any other means. Besides coworkers, 34% of tips comefrom customers, vendors, competitors, and acquaintances.

OCCUPATIONAL FRAUD:Deconstructing employee theft

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DAVID GREGERSONHearsay Special Correspondent


• Small organizations are disproportionately victimized–the lackof anti-fraud controls make them particularly vulnerable.

• More than 85% of fraudsters had never been previouslycharged or convicted for a similar offense.

• Perpetrators often display warning signs, including livingbeyond their means and financial difficulties.

Based upon the compilation and interpretation of the study data,the ACFE gives specific recommendations to protect against occu-pational fraud and maximize the chances of early detection, to wit:

• Maximize fraud reporting mechanisms for employee and othertipsters, with assurances of anonymity and confidentiality.

• Do not over-rely on external audits, but use them effectively,such as by surprise. Surprise audits also have a preventivebenefit by creating a perception of detection.

• Small businesses and organizations are most vulnerable, andshould focus on the most cost-effective mechanisms, such ashotlines and setting an ethical tone for their employees.

• Beware of employee behavioral warning signs, such as livingbeyond one’s means, exhibiting issues with control, and anunusually close association with vendors or customers.

What else can be done to make yourself, or your clients, a“harder target” for employee theft? Further recommendationsof the CPA firm Geffen Mesher & Co. include the following todeter, detect, and defend:

• Lock up blank check stock• Always maintain exclusive check signing authority over all

accounts• Control and monitor access to online banking, and change

passwords• Have special rules for handling cash, including segregating the

functions of cash receipts and posting said payments to A/R• Review and test the monthly bank reconciliations• Carefully review monthly P&L and balance sheet on at least a

monthly basis• Carefully review all credit card expenditures and cross-check

with receipts• Monitor services and fees and costs to/from friends and family• Segregate duties for payroll, preferably having a 3rd party

administer it• Have bank statements sent directly to the business owner;

regularly use online access and “set the tone” to staff that youare diligently watching

• “Positive Pay” - although not actively promoted because itdoes not earn fees, most banks have some version of this sys-tem which requires that any disbursement to third parties iscross-checked and approved against the bank’s master list ofcustomer approved vendors. Segregate the duties of draftingthe checks from administering the Positive Pay approved listof payees.

• Consider having some level of accountant consulting on internal controls

• Check your insurance policy and meet with your agent todetermine coverage for occupational fraud.

If you believe you or your client are the victim of occupationalfraud, you should seek the immediate help of a professional inthe area of fraud investigation who can assist in minimizing thedamage and preserving proof against the perpetrator for criminaland/or civil liability. In some cases, the employer can issue andfile a W-2 and/or 1099 statement charging taxable income to theperpetrator, which then shifts the burden of disproving theincome to the employee vis a vis the IRS.

Additional web resources:• www.acfe.com - includes articles, resources, and helpful tools

on the latest developments in occupational fraud• www.abagnale.com - website of former world-class con man

Frank Abagnale, who was portrayed by Leonardo DiCaprio inthe movie “Catch Me If You Can”

Special thanks for assistance with this article to accountants andcertified fraud examiners David S. Porter and Philip M. Hayes ofGeffen Mesher & Co., Portland, OR, and for materials from theAssociation of Certified Fraud Examiners (ACFE) website,www.afce.com


David T. McDonald (Criminal Trials) received his JD from the Northwest School of Law at Lewis and Clark College in1986. After stints at Multnomah Defenders, Inc. and then Metropolitan Public Defender Services, Inc., David went into pri-vate practice as a criminal defense attorney, appearing in state and federal courts in Oregon and Washington. A representativecase load includes representation of individuals facing allegations of Murder in the First Degree, Assault of a Child in the FirstDegree, Unlawful Possession of Child Pornography, Child Sexual Offenses, Controlled Substances Offenses, Assault in theSecond Degree, Felony Property Crimes, Mortgage Fraud, Money Laundering, Violations of Supervised Release and Proba-tion and DUII. He also represents individuals in front of administrative boards and the Oregon State Bar. He writes andspeaks extensively. His honors and awards include: Best Lawyers in America-Criminal Defense 2008, 2009, 2010, 2011,SuperLawyer-Criminal Defense Law 2009, 2010, 2011, the President's Award Oregon Criminal Defense Attorney's Associa-tion, 2010, the President's Award Oregon Criminal Defense Lawyers Association, 2004, and the American JurisprudenceAward from the Lawyers Co-Operative Publishing Company, 1986.

Jane Clark (Civil Trials) has 20 years of experience handling personal injury and Medical Malpractice actions. She islicensed in Washington, Oregon, England and Wales. She is an adjunct professor at Portland State University where sheteaches a class on Psychology and the Law. She is on the board of trustees for the Clark County Bar Association and chair ofthe CCBA Continuing Legal Education Committee.

The focus of Jane’s practice is representing plaintiffs in medical malpractice cases and personal injury cases. Jane is also amediator in the area of Personal Injury and Medical Malpractice, and is a member of the USA&M mediation panel.

Ü Food, drinks = the best available ÛTo register: Call the CCBA, (360) 695-5975, OR email: [email protected], OR

FAX this flyer back to the CCBA at (360) 737-6891 with your:

NAME ___________________________________PHONE # __________________________

BAR NUMBER _______________________EMAIL _________________________________

The Clark County Bar Association is pleased to announce itsTHIRD LECTURE in the Nuts and Bolts Trial Skills Series

Direct Examination, Cross Examinationand Examination of Expert Witnesses

by Attorneys David McDonald and Jane ClarkWednesday, March 14th, 3:00 – 5:00 PM,

at the Red Lion at the Quay

The cost is $50 for CCBA members, $70 for non-member attorneys, and $25 for non-attorneys. This will get you 2 CLE credits and the speakers’ prepared materials to

download. There is an extra fee if you want to pick up the materials at the door.

HEARSAY PROFILE SUZAN CLARK

HOME: Vancouver

AGE: Old enough to know better

PROFESSION: Lawyer and sometimes magician.

HOBBY: Reading a good book on an airplane while traveling to the far corners of the world in search of the perfect glass of wine. I have visited 86 countries so far. Watching college basketball.

LAST BOOK READ: “West by West, My Charmed Tormented Life,” the autobiog-raphy of my favorite NBA player, Jerry West. The most honest autobiography I have ev-er read.

LEGAL PHILISOPHY: There are two sides to every story and the truth lies somewhere towards the middle.

LATEST ACCOMPLISHMENT: I have had a couple of acquittals after jury trials late-ly, but honestly, I am most proud of the fact that I repaired my own garage door!

WHY I DO WHAT I DO: I really cannot think of any other career that could have pre-sented me with the incredible ride I have had through life. I enjoy the wild variety of people I get to work with and the continued intellectual challenge of practicing law.

PROFILE: Appreciates the humor that naturally occurs throughout life and never for-gets to laugh when the occasion presents itself.

BEVERAGE OF CHOICE: Peet’s Sumatran Coffee. The blood would stop running through my veins without it. A glass of August Cellars Baco Noir runs a close second.


2011 - 2012 CLE and Nuts & Bolts Calendar

Call 695-5975 to registerFor firms with new associates, this series is a great way to support your local bar association and provide new

associates with an introduction to the community and a broad set of useful legal skills and information.

Respected

O R E G O N S.W. WASHINGTON

503.227.1515 360.823.0410 GevurtzMenashe.com

Divorce Children Support

For 30 years we’ve helped bring peace of mind to over 20,000 clients during one of life’s toughest times.

ConferenceRoom

availableto rent

The CCBA’s office conference room

is available for meetingsand depositions at reasonable rates.

Call Lisa at: 695-5975

Benefits of CCBA MembershipHEARSAY Monthly Newsletter(and discounted advertising rates)

Free copy of the Membershipand Resource Directory

High-quality CLEs at discounted memberrates; saving you travel time and moneyon your annual educational requirements

Access to the Southwest WashingtonLawyer Referral Service

Social and networking opportunities throughout the year: quarterly membershipmeetings, annual Golf Tournament, Winter Social, and the Summer Barbeque

The opportunity to participate incommittees and sections pertinent to your interests and practice

Call 695-5975 to become a member!


The Barrister’s Ball was held this year at the Pearson Air Museumon February 25, 2012. Over 100 members and their guestsattended, raising over $3,500 with the silent auction and raffle forthe YWCA SafeChoice Program. One new addition this year wasthe “Wine Cellar” raffle. Members brought bottles of wine tostock the cellar, and tickets were sold at $1.00 per ticket to winthe entire Cellar. The winning ticket was purchased by JonMcMullen, which seemed fitting considering he represents manyfolks who get pulled over having had too much to drink!

Also this year CCBA partnered with an auction company thatprovides signed memorabilia for charity auctions, and thenshares the proceeds with the charity. Jessica Dimitrov purchasedthe signed Starship Enterprise crew photo, and Carolyn Drewbid on the signed photo of Carlos Santana, while Jon McMullenpurchased a signed picture of Pelé.

Each year the Board for CCBA chooses a worthy charity to bethe recipient of its auction proceeds. This year the Board chosethe SafeChoice Program, which advocates for, educates, andsupports those affected by domestic violence. At the Ball, LeeWatts, SafeChoice Director of Community Services introducedus to the Program and spoke of the many services our auctiondollars support. To learn more or to donate go to:http://ywcaclarkcounty.com/help/safechoice.

There were several sponsors who contributed funds to helpdefray the cost of the event. Recognition goes to Landerholm,P.S. and Jill Sasser, Petr Burunov, Jr. of Merrill Lynch, The LawFirm of Rylander and Associates and Josephine Townsend. Bigthanks go to our very competent office staff of Lisa Darco andKaitlin Lisandrelli. Lisa even talked her daughter, Jenny, into

helping. Josephine Townsend again excelled with the auctionitems and Camara Banfield, Susan Hamann and MeeraGregerson (the beautiful and talented daughter of DavidGregerson) also assisted with the event. Thanks to all whodonated, and to those who purchased at the auction!

At the awards portion of the evening, the Clark County Volun-teer Lawyers Board presented its annual Volunteer of the YearAward to Peter Fels. Peter has maintained an illustrious careerof assisting those in need and donates countless hours to the vol-unteer program. Peter joins a long list of dedicated attorneyvolunteers in Clark County!

Three CCBA Awards are also usually presented at the yearly Bar-rister’s Ball: The Alan Harvey Award for Courtroom Bloopers;the Ken Weber Award for service to the community, and theDonald Simpson Award for professionalism. Due to lack ofnominations, the Alan Harvey award lapsed for 2011, but partic-ipants were encouraged to blunder a time or two this year so wehave an award to give next year.

The Ken Weber Award this year was given to Loren Etengoff.Loren has long been an active proponent for access to justiceand served two terms as a Board member of the WashingtonState Association for Justice, an organization of attorneys whosestated goal in part is to ensure that individuals in Washingtonwill retain their fundamental rights of civil justice and able toexercise them in a meaningful fashion. Loren served a three-year

Barristers Honor Their OwnJEAN McCOYHearsay Special Correspondent

Schwabe Williamson & Wyatt, and TonyaRulli from the Clark County Prosecutor’sOffice were given the honor. Matthew is astrong advocate for equal access to ourjustice system and has donated his time tothe Mock Trial Competition, WashingtonSmall Business Development Center andto students at WSU Vancouver. TonyaRulli is deemed a “determined and tena-

cious advocate for child victims of abuse” and is a Board memberof the Children’s Center. Tonya also works locally to supportfamilies of deployed U.S. Marines. If you know someone you

would like to nominate for 2012, go to the VBJ site at:http://www.vbjusa.com/en/events/accomplished-and-under-40/accomplished-a-under-40-nomination to nominate!

Your esteemed colleague Raisa Judicata can’t be everywhere. If youhave a tidbit of news you would like the world to know, send a noteto [email protected]. Raisa usually checks in the first Mon-day of every month. Remember, it is your ethical duty to supportyour member organization with juicy gossip and goings on.

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We are all part of the same barSome attorneys have been paying family law section dues only, and not their CCBAmembership dues. The CCBA has formally decided this issue in the past. An attor-ney is NOT allowed to be just a member of the family law section, and not a memberof the CCBA. Attorneys must be a member of the CCBA to be a member of the fam-ily law section, and must pay dues for both.

HEARSAY - MARCH 2012 27 10 CLARK COUNTY BAR ASSOCIATION

term as a member of the WSBA Board of Governors from 2008-2011, also serving as liaison to the Access to Justice Board,Office of Civil Legal Aid and state Office of the Public Defender.Loren is also on the Board of the Legal Foundation of Washing-ton, and Law Fund, which is a statewide, collaborative resourcedevelopment organization raising private funds for over 20 non-profits that provide civil legal aid to low-income people. Lorenhas volunteered for the Volunteer Lawyers Program over the last30 years, coached youth soccer and served on the EvergreenSchool District Foundation. A worthy recipient!

The Donald Simpson Award was bestowed on Suzan Clark.Suzan’s work is primarily in the area of criminal defense andappellate review. She has tried over 200 felony jury trials in hercareer and briefed and argued over 150 cases to the Oregon andWashington Court of Appeals and Washington Supreme Court.Those Suzan works with, on both sides of the bench and bar,appreciate her professionalism in every aspect of her job. Suzanhas been very involved both with the State and local Bar. Sheserved on the Board of Bar Examiners from 1998 to 2006, theCorrections committee between 1996 and 1997 and the Edito-rial Advisory Committee for the Bar News between 1998 and1999. She has served as Trustee to the CCBA and is currentlythe Vice President. We all look forward to her various articles inHearsay as she is a talented writer. Next time you see Suzan,congratulate her!

The CCBA Board accepts nominations for these awards all yearlong (especially the Blooper Award), so keep this in mind andlet us know at [email protected] if you have anomination!

Interesting news on the judicial front:Judge Poyfair has upped his retirementdate to April 30, 2012, so that GovernorGregoire is collecting applications for ajudicial appointment to fill the balance ofJudge Poyfair’s term. The deadline for theapplication is March 2, 2012. With a mid-May candidate filing period for theAugust primaries, it will be of interest to

see if the Governor’s choice will run unopposed in the electionsthis fall. What we have heard is that David Gregerson has put hisname in to run against Judge Wulle for the Department 2 posi-tion. As this year progresses, Clark County may be ripe for somekind of reality show. The Kardashians have shown some interestin hosting…

You think the bench has some drama? Denise Lukins is finish-ing up an acting stint at the Magenta Theatre, 606 Main Street,Vancouver. She was seen in Sense & Sensibility (you know, thatJane Austen story) with numerous February performances. Inthis rendition of the play, 12 actors are playing 21 different char-acters! The Magenta Theatre is a nonprofit, taking in moneythrough ticket sales, small fundraisers and the theater academy.The cast and crew are all volunteers and anyone is welcome toaudition. This year the theatre is celebrating its 10th Anniver-sary. If you are interested in future events or trying your actingchops, visit www.magentatheatre.com

Loren Ettengoff will have new digs this year. The City hasapproved Loren’s proposal for construction of a small officebuilding south of East McLoughlin Boulevard, between F and Gstreets, in the Arnada neighborhood. He will purchase the for-mer single-family home site and build a two-story, 5,000 squarefoot building, hopefully in March. Loren’s daughter, Hannah, is

law school-bound and he plans to have afamily owned and run law firm when shegets her degree. Considering that in 2010only 68.4% of graduates found jobs thatrequired passage of a bar exam (ie. Jobs asa practicing lawyer), it pays to know some-one!

The YMCA Mock Trials went off without a hitch at the Court-house on February 22 and 23, 2012. Judge Lewis again was thecoordinator for the Clark County Program, but he also serves atthe Statewide coordinator. Each year four teams advance to theState competition. This year teams from Ridgefield, Fort Van-couver and two teams from Camas High School will compete inOlympia later this Spring. Some schools are fortunate to haveattorney coaches assist them with all aspects of the competition.Among others, Elizabeth Christy, Craig Schauerman, ConnieHenderson, Joe Vance, Stefanie Ellis, Luka Vitasovic, GregPrice, Grant Broer, Gideon Caron, and Bruce Colven gave theirvaluable time to assist with coaching the various teams. If wemissed you, let us know! Numerous attorneys volunteered asraters and performed other duties to make the year a success.

As many of you know, the Vancouver Business Journal acceptsnominations and each year elects the “Accomplished & Under40”. A committee appointed by VBJreviews candidates based on demon-strated professional accomplishments,leadership abilities, efforts on behalf oflocal nonprofits, community involvementand positive feedback from clients, fellowemployees and supervisors. For 2011,two of our own were nominated and cho-sen. Both Matthew Bisturis from

What CCBAMembers Are Doing About TownRAISA JUDICATAGuest Gossip Columnist

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The Clark County Bar Association is pleased to announce its

TRIAL SKILLS: PRACTICAL DAYThe CULMINATION of the Trial Skills Series

Saturday, May 5, 2012, 8:00 AM – 5:00 PM, at the Clark County Court HouseLocal Judges and Trial Attorneys will mentor small groups as they practice the skills covered during the Trial Skills Series. The cost is $225 for CCBA members, $315 for non-member attorneys, and $225 for non-attorneys. Space is limited and preference will be given to those who have attended at least one of the Trial Skills Nuts and Bolts lectures. Lunch will be provided.

To register: Call the CCBA, (360) 695-5975, OR email: [email protected],

OR FAX this flyer back to the CCBA at (360) 737-6891 with your:

NAME:______________________________________________________, PHONE #______________________________, BAR NUMBER: _____________________,and EMAIL ADDRESS:___________________________________________________.

MENTORSJudge Richard Melnick received a B.A. from Northwestern University and his J.D. from Lewis and Clark Law School, and has spent approximately 30 years as a prosecutor and as a judge. He has taught courses at Clark College and has lectured on such topics as ethics, search and seizure, trial advocacy, evidence, and constitutional law.

Don Jacobs (Civil Trials) has practiced personal injury and insurance law in the Portland/Vancouver area since 1979. He is currently a sole practitioner with offices in Vancouver and Portland, where he exclusively represents injured consumers.

Judge John F. Nichols received his BA from Seattle University and graduated Cum Laude from Gonzaga University School of Law. He was in private practice in Vancouver, Washington from 1975 to 1994; initially with Wilson & Nichols and then Nichols, Lane & Marshall. His practice emphasized real estate; business and family law. He was elected as the Clark County Bar Association President for the 1990-91 term and served for numerous years as Trustee and Secretary for the Clark County Bar Association.

Judge Robert Lewis is a graduate of Western Washington State College and the University of Washington Law School. After admission to the Washington State Bar in October, 1981, he worked for Eastside Defender Association in Seattle as a trial attorney. Judge Lewis practiced law in Camas from 1984-2004 with the firm of Knapp, O’Dell, Lewis and MacPherson. Although the firm had a typical small town general practice, his primary focus was criminal defense and family law. He was appointed to the superior court bench in November, 2004.

Suzan Clark obtained both her bachelor's degree and law degree from the University of Oregon, making her a proud "Double Duck." She began her legal career as a deputy district attorney in LaGrande, Oregon and later worked as a deputy prosecuting attorney in both Cowlitz and Clark Counties. In 1994 she entered into private practice emphasizing criminal defense, appellate work and family law. She has tried over 150 felony jury trials in Oregon and Washington as a defense attorney and she tried over 50 felony cases to a jury as a prosecutor in both Oregon and Washington. She has briefed and argued over 150 appeals to the Washington Court of Appeals, Divisions II and III, the Washington Supreme Court and the Oregon Court of Appeals.

Thank You!The CCBA would like to thank those of you who participated in

the Silent Auction at the Barrister's Ball. Your generosity allowed us to

donate $3244.00 to the YWCA SafeChoice program.

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Board members in attendance: J. Clark, K. Rylander, S. Clark, J.Sasser, D. Gregerson, J.D. Nellor, A. Dunn, J. Fairgrieve, J. (presiding). Staff in attendance: L. Darco

1. Call to Order, 12:10 PM.

2. Approval of previous meeting’s minutes: On motion dulymade, seconded, and passed unanimously, the meetings from theJanuary 4, 2012 meeting are APPROVED.

3. Treasurer’s Report: J.D. Nellor offered financials, both currentand comparison to last year’s. Pattern shows net improvement(black) compared to last year. Patsy Eby will be filing the taxreturn and information is being relayed to her for that purpose.

4. Old business:a. Kaiser balance – Nellor and Fairgrieve will go down aftermeeting to finalizeb. Check signing – Nellor and Fairgrieve will go down aftermeeting to finalize.c. Insurance policy: Rylander reported on compared proposedpolicies (multiple coverages), including coverage, limits, andpremium rates. Zurich and Philadelphia are the competing car-riers. Rylander proposed to accept the proposed increasedcoverage and limits to update to current needs. Discussionheld. Rylander will follow up with the agent with some morequestions, decision tabled for now.d. Barrister’s Ball: Darco reported 28 are registered so far. Nosocial committee meetings to report. Darco has met with the cater-ers, beverages served until 11:30 closing time. Auction purchasesand accounts should be settled at the event. Board donations arestill sought for auction items. We have two platinum sponsors.

Discussion held regarding other event details. Award nomineesurgently needed for Simpson, Weber and Harvey awards.e. CCBA Budget: Fairgrieve states that annual budget is dueand should be presented at March general membership meet-ing, per the bylaws. CCBA should use the internal budgetingfunctions within Quickbooks to make “one stop” bookkeeping.f. Mentorship Program: Fairgrieve circulated materials fromOregon State Bar, which may serve as a template for anadvanced mentoring program. Committee should be formedto survey membership interest and assemble a program. g. Office support and compensation: Fairgrieve suggested an infor-mal committee, to be set after Barrister’s Ball, to take up this issue.h. Office improvement: Darco requestedinput/permission/budget for some new décor to update and“warm” the office for members and the public. Requestedamount is $200. On motion duly made, seconded, andPASSED, Darco is authorized to explore and spend $200.

5. New businessa. March general meeting: March 26 is suggested, to assembleagenda, etc.b. CLE Calendar: Rylander reported that HEARSAY includes3 overlapping calendars for general information and CLE.Rylander will consolidate.c. VLP: Gregerson requests additional space in HEARSAY torecognize exceptional volunteer work. Given reduced costsfrom green edition, CCBA encourages additional information,including pictures and graphics.d. Membership: Darco provided updated statistics on membership.

6. There being no more business before the board, on motion dulymade, seconded, and passed, the board meeting was ADJOURNED.

DAVID GREGERSONCCBA Secretary

CCBA Monthly Board Meeting MinutesFebruary 1, 2012

ASSOCIATE ATTORNEYVancouver law firm Marsh, Higgins, Beaty & Hatch is seeking a licensedWashington State attorney having a minimum of two years litigation expe-

rience. The candidate should have consumer bankruptcy experience andhave experience in or willingness to develop, a couple other areas of law.

Basic knowledge of Microsoft word, Excel, and Outlook required. Oregon license is a plus. The candidate will be expected to fully manage

his or her own cases and have direct client contact. This position providesthe opportunity for a candidate with initiative and a willingness to work

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Billing & Bookkeepingusing Timeslips & Quickbooks

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Cynthia Bradley(626) 795-5441 references available

To register: call CCBA, (360) 695-5975, OR email: [email protected], OR

FAX this flyer back to Diane at (360) 737-6891 with your BAR NUMBER ________________________,

NAME _____________________________________________ PHONE #__________________________,

and EMAIL ( to download the materials) ____________________________________________________.

EMILY A. SHELDRICK’s law practice emphasizes employment (representing both employers and employees) and complex civil litigation since 1996. Emily is licensed in Washington and Oregon and before the U.S. District Courts for Oregon and Western Washington. Emily graduated summa cum laude from the Oregon State University and with honors from the University of Washington School of Law. She serves as a member of the CCBA Bench-Bar Committee, Vice President of the Clark County Chapter of the Washington Women Lawyers, and on the Executive Committee for the State Board of Washington Women Lawyers.

GREG FERGUSON’s practice has focused distinctly on employment law and related litigation since his admission to the Washington State Bar in 1992. Greg earned his Law Degree from the University of Oregon School of Law in Eugene, Oregon, and his undergraduate degree from Washington State University in Pullman, Washington (Edward R. Murrow College of Communication). He is a member of the Washington Employment Lawyers Association (WELA), the National Employment Lawyers Association (NELA), and is licensed in all Federal Courts in Washington State. Over his nearly 20 years in practice, Greg has also developed specialized knowledge in the areas of Public Records, Open Meetings and Administrative Procedure in connection with his representation of public employees in numerous cases against Cities, Counties and various State and local agencies.

The Clark County Bar Association Presents a CLE:

NAVIGATING GOVERNMENT AGENCIES: DISCRIMINATION, WAGE & HOUR, & EMPLOYMENT SECURITY

by Attorneys Emily Sheldrick and Greg Ferguson Tuesday, March 20, 3:00 pm – 5:00 pm (Sign In at 2:45)

Public Service Center, 1300 Franklin St, 6th Floor Training Room � Beverages and Cookies Provided! �

2.0 CLE Credits. CCBA members: $70, non-members: $80, non-attorneys: $50.

There is an Early-bird discount of $10 for registering on or before Tuesday, March 13.


HEARSAY ADVERTISERS WANTED!CCBA is looking for reliable Attorney Support Services who want affordable,

targeted advertising in upcoming issues of Hearsay. If you have reliable and trustworthyservice providers that can benefit our audience, please refer them to Lisa Darco

for pricing and availability today!EXPERT WITNESS & CONSULTANTS • BAIL BONDS • COURT DISPLAYS

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Navigating Government Agencies: Discrimination, Wage & Hour, & Employment Security

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As the economic downturn continues to cause fluctuations in the workforce, more and more employees are pursuing claims against former employers through government agencies. For example, according to the Equal Employment Opportunity Commission’s annual 2011 performance report, more than 99,947 charges were filed in 2011 alleging unfair workplace practices based on race, sex, age, religion, disability and even family medical history. That’s the highest number since the commission was started through the Civil Rights Act of 1964. Moreover, the recent decision in the wrongful termination case of Cudney v. ALSCO, INC 1 − essentially doing away with the public policy common law tort in Washington− has forced employment law practitioners to defer to statutory and administrative remedies when they would not have previously. Now, more than ever, employees and businesses must know how to work with government agencies in the employment law context. Failure to effectively manage and navigate through the complaint process can result in dire legal consequences for an unsuspecting employer or an ill-advised employee.

I. EFFECTIVELY HANDLING AN EEOC COMPLAINT A. Filing a Complaint/Responding to a Complaint B. The EEOC process for handling complaints C. Preparing your client for an interview D. Mediation/Settlement options through the EEOC E. Right to Sue Letter/Finding of Cause – what’s next?

II. UNEMPLOYMENT BENEFITS AND THE EMPLOYMENT SECURITY DEPARTMENT (ESD): KNOW WHEN HOLD, KNOW WHEN FOLD

A. Filing a Claim for Benefits/Responding to a Claim B. The ESD process C. Appealing the ESD decision D. Hearing before an Administrative Law Judge: How it works, why it matters E. Appealing the ALJ’s decision

III. WHEN LABOR & INDUSTRIES INVESTIGATES: WAGE CLAIMS A. Filing a Wage & Hour Claim with L&I B. Responding to a Complaint C. Managing the Investigation D. What happens after the L&I Investigation?

IV. OTHER AGENCY ACTIONS: HEALTH AND SAFETY, RETALIATION CLAIMS A. Retaliation Claims through L&I for WISHA/Wage & Hour B. Audits by L&I/WISHA C. Washington’s Human Rights Commission

V. BEST PRACTICES FOR EMPLOYERS: AVOIDING CLAIMS A. Written Policies of Non-discrimination B. Wage and Hour Records: Breaks and Overtime C. Written Code of Conduct D. Consistency, consistency, consistency

1 2011 Wash. LEXIS 665 (Wash. Sept. 1, 2011). A Motion for Reconsideration is currently pending before the Washington State Supreme Court.


Welcome back once again to the seemingly never ending series ofarticles highlighting CCBA musicians who wander amongst us.To those who would argue enough already, we’re tired of readingabout lawyer musicians, take heart. This is the last of the series.We’ve finally burnt through just about everybody in the bar whoever picked up an instrument. Next month we move on to a yetundecided but certain to be creative idea spotlighting other inter-esting CCBA members. Continuing the quest for evidence thatlawyers are not as boring as they seem. A statement we are certainis true, if we can just find some facts to support it. In this regard, ifyou know of anybody in the CCBA even semi interesting, pleaseinform the author. Know anyone who’s written a book? Run atriathlon? Trains dolphins? Or is just handy around the house?Well shoot me an email. They could be immortalized in the nextissue of Hearsay. Besides, the rest of us without hobbies, skills, tal-ent, tool belts or spare time need role models.

So what does a viola, an accordion and a drum set have in com-mon? Well, frankly, I have no idea. They don’t seem to gotogether at all. I can’t recall ever hearing a band comprised ofthese three, but you never know. Klezmer maybe? But those areour featured instruments this month. We start with ClarkCounty’s senior insurance defense litigator Doug Foley. Doughas been slaying plaintiff lawyers for years with his trial skills anduncanny ability to connect with a jury. But did you know he alsoplays the viola? In fact, he plays the piano and the violin as well.He started at the tender age of seven. His mom played the pianoand got him going with lessons on the instrument and the violinfollowed. Doug played the piano seriously into his thirties andthen entered a non musical hiatus. Practicing law and raisingtwo daughters took priority. But he decided one of the gifts hecould impart upon his children was the magic of music and howplaying an instrument teaches one so many things. So withDoug on the viola, his wife Ellen on the cello and daughtersMelissa and Crystal on the first and second violin, they started

what would become the Foley Family Quartet. The group wastogether about six or seven years and played for firm functions,clients and recitals. Beethoven, Mozart and Bach were some ofthe selections. Doug says that by the end of the time period theyactually started to sound pretty decent. He notes one of the bestthings about the experience was the daily hour long practice ses-sions with his daughters. What a great way to teach disciplinewhile at the same time sharing the magic of music and the worksof these great composers. What a wonderful memory to sharewith your father. So Doug’s story is more about raising kids thanplaying music. But make no mistake Doug is a big fan of classicalmusic. Just get him started on the history, culture and com-posers of that period and you can almost see the right side of hisbrain start to glow.

Our next musician in the crosshairs is civil litigator andHearsay’s own Dave Gregerson. Dave’s main instrument is theaccordion. Quick, name how many people you know play theaccordion. Then, if you can find even one, ask if they also playthe piano, French horn and trumpet. The odds should be astro-

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The Family Law Section held our monthly meeting on February8, 2012. Meredith McKell Graff presented on insurance issuesin the family law realm. Our next meeting will be on Wednes-day, March 14th. Pamela Loh will present on immigrationissues that could arise in the family law context.

Our meetings are in the reserved lounge section of Tommy O’s,801 Washington Street, Vancouver. Typically, these are on thesecond Wednesday of the month. The cost of the meeting willbe $13.00 for lunch plus $5.00 for one CLE credit for CCBAFLS members. If you are not a member of the CCBA and FLSthe cost is $13.00 for lunch and $10.00 for the CLE credit.

Please RSVP by the Friday just prior to our Wednesday meetingby sending your payment to our section’s Treasurer, Meredith

McKell Graff, 3214 NE 42nd Street, Suite B, Vancouver, WA98663.

Our officers are: President, Chris Boyd; Treasurer, MeredithMcKell Graff; Secretary, Stephanie Ellis.

If you would like to attend a CCBA FLS meeting and do not cur-rently receive the email updates, please email me [email protected].

Remember to visit the blog for updates and announcements:http://ccbafamilylawsection.blogspot.com/

Very Truly Yours,Chris Boyd

CHRIS BOYDFamily Law Section President

Family Law Section Meeting


The WSBA license fee has been set at $450 for four consecutive years (2010–2013).

• The Board of Governors voted unanimously in 2011 to keep the fee the same through 2013, despite contin-ued growth of the membership and budget pressure.

• Last year the Board also cut programs and staff and held expenses to a growth of only 0.25%.

• During this same time, membership grew by 5 percent and additional valuable programs and services were added to assist our members and the community, in-cluding the statewide Moderate Means Program, the Home Foreclosure Legal Aid Project, as well as free and low-cost CLE programs for new attorneys and those volunteering for our public-service programs.

Reducing the license fee to $325 is equivalent to what was collected a decade ago when the WSBA membership was 28 percent smaller (22,393) with fewer programs and services offered.

• A cut in license fees of this magnitude equates to a 26 percent budget cut, or $3.6 million, putting numerous programs and services at risk for cuts or elimination.

• If the WSBA eliminated all non-regulatory functions, it would still fall short of achieving the $3.6 million reduction that would be required if the referendum passes, thus putting the Bar’s core regulatory func-tions at risk as well.

• A decade ago WSBA did not offer many of the cur-rent programs for members, including Casemaker, the research tool available to all members at no cost; dedicated programming to assist new attorneys as they enter the profession; and the nationally ac-claimed WSBA Leadership Institute that is focused on training the future leaders of our bar. These valuable programs and services would all be in jeopardy in ad-dition to many of our older, high-use programs such as the Ethics Line; our sophisticated consumer affairs line dedicated to expeditious processing of grievances against members; and the Law Office Management Assistance Program (LOMAP).

The WSBA is both a regulatory agency and your trade association. Paying your annual license fee is the equivalent of obtaining a business license.

• The WSBA serves nearly 30,000 active members and is charged with regulating the profession as well as providing valuable services and programs to members and the public.

• Washington is one of 32 states* with a mandatory bar. The rest (18) pay a license fee to the state and addi-tional fees for a bar membership.

• Many other professions require annual license fees to practice in our state. While a number of professions pay less, others pay more. For instance, midwives pay $525, chiropractors pay $607, and dentists pay $576.

*The District of Columbia also has a mandatory bar.

When looking at other state bar associations that perform regulatory functions, Washing-ton’s license fees are on par.

• Of the 32 mandatory state bars in the country, Wash-ington’s license fees rank near the middle among those states with comparable membership size (e.g., Michigan, Wisconsin, Georgia).

• By comparison here in our region, Oregon and Alaska, also mandatory bars, have annual license fees of $492 (Oregon) and $660 (Alaska).

• By contrast, Massachusetts is a “voluntary” state, where attorneys pay a license fee to the Massachusetts Board of Bar Overseers as well as a voluntary membership fee to the state bar association to be a member. Those combined fees total up to $660 annually.

WSBA License Fee Fact Sheet

nomical. Which makes Dave one unique character. But wait, healso sings! And believe it or not he dances! Well, at least heused to dance. Dave was once part of the Polka Dots, a Scandi-navian folk dancing group for kids. Dave played the guitar andpiano as a kid. Thanks to a bad piano teacher he burned out onthe keys and at age thirteen took up the accordion. He contin-ued with the horn playing though and was a member of themarching band in high school. He also did a stint on the trum-pet for the famed Spartan Drum and Bugle Corp for about fouryears. Dave continued to sing too. He was part of a men’s acappella group called the Headnotes while at Vanderbilt LawSchool. They actually sang the national anthem to 15,000 fansthat came to watch LSU and Shaquille O’Neal play an SEC bas-ketball game. Dave still owns two accordions and recentlytalked his violin playing daughter into doing a Fiddler on theRoof duet with him in public. Dave’s played the accordion atweddings and jam sessions with other musicians. He apparentlyis proficient at Zydeco and West Texas waltz style. He doesn’thave any current projects in the works but who knows, with allthe New Orleans artists who fled Katrina to Portland, Dave justmight get a call.

Our last musician featured is criminal defense attorney JohnTerry. John, like many of our other featured stars, is multi tal-ented. He can play keyboards, guitar, bass, saxophone anddrums. He currently holds down the throne for Big Electric, alocal rock and roll band that features another CCBA member,Mike Green on the guitar. These guys lay down some prettygood tunes thanks to the rhythmic skills of John. John comesfrom a long line of musicians. His mom was a piano teacher andhis father, a physician by day, played guitar, mandolin and banjo.John’s dad and uncle were once part of the Terry Family Bandthat did USO tours worldwide. Both of his grandmas taughtpiano and voice. So John Terry clearly has music is in his blood.John is self taught on the drums. He was in a band called UrbanWildlife at age fourteen. They needed a drummer so John quicklylearned from an old drum kit he found in his grandmother’sgarage. Since then John has been in quite a few bands. Hisresume includes playing for the Extraordinaires, the Nomads, thePosters, the Hi Jinks (seriously?) and Big Electric. Although helikes practicing law, John tells me like many musicians do thathe’d love to play for a living. He loves the creative outlet, the sat-isfaction of when things click and the camaraderie with his bandmates. And, like most lawyers, he likes being on stage. To catch

John and Big Electric try hitting the Brickhouse in the Couv at9:30 on March 10th. Or, if you’re old like me and just can’t stayup that late, try http://www.myspace.com/bigelectric/music.My favorite from the site is Burn down the River Boat.

And now, as a drummer myself, with John’s consent, my favoritedrummer joke: Two explorers lost deep in the equatorial junglesof Africa. Hacking their way through dense undergrowth theysuddenly hear native drums off in the distance. One looks at theother and says, “I don’t like the sound of those drums”. Towhich a distant voice replies, “He’s not our regular drummer”.

Linda E. FrischmeyerATTORNEY

Availablefor Consults

Washington& OregonLicensed

• Wage payment • Independent contractors• Confidentiality• Nonprofits• Non-compete

• Performance • Challenging behaviors• Leave laws • Disability accommodation• Drug testing

Respectful. Clear. Helpful.

[email protected]

805 Broadway, Ste. 1000 • Vancouver, WA 98660

Over 25 Years Assisting to Achieve Employment Goals

Rider & Associates Inc. provides superior court reporting services to the legal profession in

Southwest Washington and the Portland, Oregon region. We have successfully served our

clients since 1979 by offering many features and benefits tailored to your needs. We specialize

in complex medical and technical terminology and offer the latest technology in both software

and hardware applications to support the needs of a demanding industry. Rider & Associates,

Inc. will guarantee the highest level of professionalism with personalized service and attention

to detail.

P.O Box 245

Vancouver, WA 98666

Phone: 800.869.0864

Fax: 360.693.1037

E-mail: [email protected]

Web: www.RiderandAssociates.com

Our Services Include:

♦ 7-10 day turnaround time without an expedite fee

♦ Full-Time Staff

♦ Realtime Reporting

♦ Computerized Transcription

♦ Caseview/Live Note

♦ e-Transcript

♦ Immediate Delivery

♦ Conference Rooms

♦ Scanning and Archiving of Exhibits

♦ Internet Realtime

♦ Realtime Captioning for Hearing Impaired

Affiliations:

♦ NCRA National Court Reporters Association

♦ WCRA Washington Court Reporters Association

♦ STAR Society for the Technological Advancement of

Reporting

♦ MTIA Medical Transcription Industry Association

♦ AHDI Association for Healthcare Documentation

Integrity

♦ AHDI-Washington Association for Healthcare

Documentation Integrity of Washington

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tation Integrity of Oregon


��

��

Mandatory Programs

Other Member Service and Public

Outreach Programs

3% A

dvis

able

Res

erve

71%

26%

$3,496,474$402,947

$9,700,580

What Does Your License Fee Support?

Fiscal Year 2012 General Fund Budget Summary

Mandatory Functions Include

• Admissions/bar exam• Access to Justice Board• Audits• Board of Governors • Discipline• Licensing and membership records• Limited practice officers• Mandatory CLE administration• New Lawyer Education• Office of General Counsel• Office of General Counsel Disciplinary Board• Practice of Law Board• Regulatory services (Rule 9 interns, Law Clerk

Program, special admissions)• Fixed overhead (would not be eliminated if all

member service and public outreach programs in

the list on the right were eliminated)

Other Member Service and Public Outreach Programs Include

• Ethics Line• Casemaker• WSBA website• Law Office Management Assistance

Program • Computer clinics • Lending library • Statewide conference• Administrative support of WSBA’s

27 sections• Support for committees and boards• Bar News• Home Foreclosure Legal Aid Project• Moderate Means Program• WSBA Leadership Institute• Diversity initiatives• Washington State Bar Foundation• Lawyers Assistance Program • Counseling for lawyers, judges, law students • Job seekers groups • Resource lending library• Legislative Program• Young Lawyers Division (WYLD) • Administrative support • Washington First Responder Will Clinics • De Novo online publication• WSBA Service Center• Consumer information and civics

education publications

By utilizing a disciplined approach, I am able to understand client needs and develop an individual plan that helps clients to guard against uncertainty while growing their investments and successfully managing their portfolio and estate.

Petr P. Burunov Jr. Financial Advisor

�� Investment Planning

�� Retirement/Pension Planning

�� Estate Planning

�� Insurance/Risk Planning

�� Education Planning

�� Income Tax Planning

�� Portfolio Management

Petr P. Burunov Jr., is a graduate of George

Fox University with more than 11 years of

experience in financial planning, investments,

banking, and accounting.

Merrill Lynch | Wealth Management 1211 SW Fifth Avenue | Suite 2400 | Portland OR, 97204 Cell: (360) 771-4541 | Phone: (503) 221-4686 Fax: (503) 946-3832


Available for consultation or referral


The dues rollback referendum was started because mandatoryannual fees imposed upon Washington lawyers exceed thosecharged to lawyers in most other states. In addition, the WSBAis making inefficient use of money and is not being totally openwith members about where the money goes.

Per the 2010 American Bar Association Survey Dues (latest avail-able as of deadline), Washington ranks 8th highest in mandatoryfees among the states. This is up from 27th place in 1995. Evenwith the proposed rollback, the WSBA would remain the 22ndhighest. Obviously, it is quite possible to operate a state bar asso-ciation with a lot lower fees than are being demanded now.

A good contrast with the WSBA is the Virginia Bar Association(VBA), which, like the WSBA is a “unified” bar association, yethas fees of $275 per year, with a pending decrease to $250. VBAhas about the same number of active members (28k), and it hasan Ethics Hotline, Diversity Program, Leadership Program,Access to Legal Services Program, Lawyer-Help Program, Leg-islative Program, Public Education, etc. Wages are comparable,but overhead is lower and efficiency is greater. (See legalez.com).

Unlike WSBA, VBA helps members by allowing easy, automatictransfers from inactive to active status, thus allowing reduced duesfor new parents, the disabled, those who must relocate to find work,and those who need a break. But WSBA impedes transfers back toactive status, and even jacked up inactive dues. That's mean.

Here are fee comparisons, per the ABA Survey:(Cost to practice law in their state)

ABA ranks Washington 8th, Minnesota 25th, and Maryland 50th.

Our Board increased fees when an economic crisis was underway,despite hardships of members who are unable to find professionalwork and struggling with student loans and mortgages.

WSBA President Crossland claims there have been "cuts in someprograms and staff". However, data from Washington Depart-ment of Retirement Systems (see legalez.com), shows WSBAemployment thus:

December 2008 138 employeesDecember 2009 143December 2010 140December 2011 145

Hiring continues, with three "help wanted" ads in DecemberBarNews. (6 positions in February)

WSBA spends too much money on travel, lodging, and meals atvarious resorts and hotels around the state and elsewhere. LastMarch, President Crossland, Director Littlewood, and Boardmembers used license fee money for a six-day trip to Hawaii.(Details, legalez.com).

Various opponents are promoting the "Preserve the WSBA"theme. According to the opponents' own figures, the rollbackwill cost about $3.6M. However, WSBA has "reserve" funds thatcould pay for the entire rollback with no cuts in any program.According to the WSBA's September 30, 2011 financial report,WSBA increased cash holdings from about $4.6M in 2010 toabout $5.4M 2011, with the bulk of the increase going into a“Facilities Reserve Fund”, designated for future purchase orrental of a new WSBA headquarters after 2016. But a futureoffice could be in inexpensive suburban space, if need be, so thisreserve is not essential. (Details, legalez.com.)

WSBA lacks transparency in finances. WSBA does not permitthe Washington State Auditor to conduct performance audits, asdo normal state agencies. GR5 requires all Courts to submit toaudits by the State Auditor, but the WSBA, even though it is anagency of the Supreme Court, does not comply with this rule.

WSBA bylaws pertaining to public records are more restrictivethan the Public Records Act. The WSBA spent over $30,000 asPlaintiff, suing the State of Washington to prevent release ofrecords from the Department of Retirement Systems, on the the-ory records of money paid to employees is "private", even withrespect to WSBA members. (See letter in April 2011 BarNews byLori Haskell, Former WSBA Governor, available at legalez.com).

In contrast, the Virginia Bar Association posts its check registerson-line (see legalez.com).

WSBA extensively redacted expense records pertaining to theBoard Members' 2011 Hawaii trip (see legalez.com). No WSBAfinancial document should be kept secret from members whofund the WSBA.

Questions may be posted on the comment board at legalez.com

In 1988, I heard WSBA then President Betty Bracelin speakabout the Bar’s financial issues. She mentioned the Board ofGovernors (BOG) was considering a proposal to add a WSBAmember at large, who might also be a certified public account-ant, to the Budget and Audit Committee. I am a CPA and wason that Committee from 1988 to 1994.

In the October 2010 Bar News, 2010-2011 WSBA PresidentSteven Toole identified as significant issues matters related to theuse of resources, court funding and licensing fees. “Whether toincrease our members’ licensing fees will be a huge issue for us.”Even with the current levels and staff, President Toole projecteda 2011-2012 budget deficit. Due to extraordinary efforts of theBudget and Audit Committee, BOG and Bar management, thiswill not occur. To the contrary, last year the Board cut programs.There was minimal growth (¼ of 1%) in expenses, resulting in apositive fund balance. The 2013 WSBA license fees have nowbeen set at $450 for the fourth consecutive year.

Mr. Toole’s remarks and encouragement from fellow lawyerswere among the reasons I ran for the BOG last year. Although Itook office in September, for nine months prior to that I closelywatched the fiscal year 2011-2012 budget evolve. I viewed theinterim financial reports and budget process with skepticism,resolved that license fees could remain flat.

A long and difficult system-wide analysis of WSBA programs,activities, spending and revenue was undertaken. Criteria weredeveloped, against which programs were analyzed on variousfactors, including whether a program furthers the mission of theWSBA, how the WSBA is uniquely positioned to operate theprogram, and whether a program’s design optimizes the expen-diture of WSBA resources. Some programs were eliminatedafter careful evaluation. Belts were tightened. Creative ways werefound to be more efficient when job vacancies occurred. Posi-tions were consolidated and the equivalent of two and a half fulltime employees (2-1/2 FTEs) were eliminated.

All of these actions predate the current fee referendum, whichwould reduce the license fee from $450 per year to $325, result-ing in a 26% budget cut. This ad hoc cut would have a significantadverse impact on WSBA.

The WSBA is an integrated or unified bar association, having aregulatory function (mandatory) and trade association function.Accordingly, WSBA membership is required to practice law.The Supreme Court has delegated the administrative responsi-bility to regulate our profession to the WSBA.

These administrative responsibilities, which assure the publicthat lawyers are competent, ethical and professional, includesadmission, mandatory CLE, discipline and licensing.

Member services and public service programs are trade associa-tion activities. Member service activities include the EthicsLine, the online research tool Casemaker, Bar News, LawyersAssistance Program, Law Office Management Assistance Pro-gram, Legislative Program, WSBA website and the YoungLawyers Division, among others. Public service programsinclude the Moderate Means Program and Home ForeclosureLegal Aid Project. Others have endorsed and help fund WSBA’spublic service programs. Two recent grants have been awardedto the Washington State Bar Foundation — by the ConsumerProtection Division of the State of Washington Attorney Gen-eral’s Office (funds came from a bank settlement regardingcertain home loan practices) and the Paul G. Allen Foundation.

If WSBA eliminated all trade association or non-regulatory func-tions, it would still fall short of achieving the $3.6 millionreduction required if the referendum passes, thus putting theBar’s core regulatory function at risk.

The WSBA cannot be all things to all people, nor will everymember embrace every program or utilize every service. No onewants the attention of disciplinary staff, yet it is needed for ourpeer-regulated profession.

As a skeptical member running for the BOG, I wondered ifmembers were getting fair value for their license fees. Althougha Governor for less than six months, I can assure you we are get-ting fair value.

On March 7, active members will receive a referendum e-ballot(those without valid email addresses on file with the WSBA willreceive a ballot in the mail). Additional information may befound on the WSBA website (www.wsba.org/referendum).Please consider the harm that passage of the Referendum wouldhave on our profession, fellow lawyers, and the public we serve,and then vote “No.”

Brian J. KellyHillier, Scheibmeir, Vey & Kelly, P.S.P. O. Box 939Chehalis, Washington 98532(360) 748-3386 Telephone(360) 748-9533 [email protected]

Connecticut ................$675Oregon ..........................$492Washington ..................$480California ......................$410Montana ......................$385Idaho ............................$360Minnesota ....................$317Ohio ..............................$300

Massachusetts ..............$300Virginia ........................$275Florida ..........................$265Kansas ..........................$245Colorado ......................$225Vermont ......................$210New York ......................$188Maryland ......................$130

WSBA REFERENDUMVOTE YES

by WILLIAM J. SORCINELLIVOTE NO

by BRIAN J. KELLY - 3rd District Governor


��

��

Mandatory Programs

Other Member Service and Public

Outreach Programs

3% A

dvis

able

Res

erve

71%

26%

$3,496,474$402,947

$9,700,580

What Does Your License Fee Support?

Fiscal Year 2012 General Fund Budget Summary

Mandatory Functions Include

• Admissions/bar exam• Access to Justice Board• Audits• Board of Governors • Discipline• Licensing and membership records• Limited practice officers• Mandatory CLE administration• New Lawyer Education• Office of General Counsel• Office of General Counsel Disciplinary Board• Practice of Law Board• Regulatory services (Rule 9 interns, Law Clerk

Program, special admissions)• Fixed overhead (would not be eliminated if all

member service and public outreach programs in

the list on the right were eliminated)

Other Member Service and Public Outreach Programs Include

• Ethics Line• Casemaker• WSBA website• Law Office Management Assistance

Program • Computer clinics • Lending library • Statewide conference• Administrative support of WSBA’s

27 sections• Support for committees and boards• Bar News• Home Foreclosure Legal Aid Project• Moderate Means Program• WSBA Leadership Institute• Diversity initiatives• Washington State Bar Foundation• Lawyers Assistance Program • Counseling for lawyers, judges, law students • Job seekers groups • Resource lending library• Legislative Program• Young Lawyers Division (WYLD) • Administrative support • Washington First Responder Will Clinics • De Novo online publication• WSBA Service Center• Consumer information and civics

education publications

By utilizing a disciplined approach, I am able to understand client needs and develop an individual plan that helps clients to guard against uncertainty while growing their investments and successfully managing their portfolio and estate.

Petr P. Burunov Jr. Financial Advisor

�� Investment Planning

�� Retirement/Pension Planning

�� Estate Planning

�� Insurance/Risk Planning

�� Education Planning

�� Income Tax Planning

�� Portfolio Management

Petr P. Burunov Jr., is a graduate of George

Fox University with more than 11 years of

experience in financial planning, investments,

banking, and accounting.

Merrill Lynch | Wealth Management 1211 SW Fifth Avenue | Suite 2400 | Portland OR, 97204 Cell: (360) 771-4541 | Phone: (503) 221-4686 Fax: (503) 946-3832


Available for consultation or referral


The WSBA license fee has been set at $450 for four consecutive years (2010–2013).

• The Board of Governors voted unanimously in 2011 to keep the fee the same through 2013, despite contin-ued growth of the membership and budget pressure.

• Last year the Board also cut programs and staff and held expenses to a growth of only 0.25%.

• During this same time, membership grew by 5 percent and additional valuable programs and services were added to assist our members and the community, in-cluding the statewide Moderate Means Program, the Home Foreclosure Legal Aid Project, as well as free and low-cost CLE programs for new attorneys and those volunteering for our public-service programs.

Reducing the license fee to $325 is equivalent to what was collected a decade ago when the WSBA membership was 28 percent smaller (22,393) with fewer programs and services offered.

• A cut in license fees of this magnitude equates to a 26 percent budget cut, or $3.6 million, putting numerous programs and services at risk for cuts or elimination.

• If the WSBA eliminated all non-regulatory functions, it would still fall short of achieving the $3.6 million reduction that would be required if the referendum passes, thus putting the Bar’s core regulatory func-tions at risk as well.

• A decade ago WSBA did not offer many of the cur-rent programs for members, including Casemaker, the research tool available to all members at no cost; dedicated programming to assist new attorneys as they enter the profession; and the nationally ac-claimed WSBA Leadership Institute that is focused on training the future leaders of our bar. These valuable programs and services would all be in jeopardy in ad-dition to many of our older, high-use programs such as the Ethics Line; our sophisticated consumer affairs line dedicated to expeditious processing of grievances against members; and the Law Office Management Assistance Program (LOMAP).

The WSBA is both a regulatory agency and your trade association. Paying your annual license fee is the equivalent of obtaining a business license.

• The WSBA serves nearly 30,000 active members and is charged with regulating the profession as well as providing valuable services and programs to members and the public.

• Washington is one of 32 states* with a mandatory bar. The rest (18) pay a license fee to the state and addi-tional fees for a bar membership.

• Many other professions require annual license fees to practice in our state. While a number of professions pay less, others pay more. For instance, midwives pay $525, chiropractors pay $607, and dentists pay $576.

*The District of Columbia also has a mandatory bar.

When looking at other state bar associations that perform regulatory functions, Washing-ton’s license fees are on par.

• Of the 32 mandatory state bars in the country, Wash-ington’s license fees rank near the middle among those states with comparable membership size (e.g., Michigan, Wisconsin, Georgia).

• By comparison here in our region, Oregon and Alaska, also mandatory bars, have annual license fees of $492 (Oregon) and $660 (Alaska).

• By contrast, Massachusetts is a “voluntary” state, where attorneys pay a license fee to the Massachusetts Board of Bar Overseers as well as a voluntary membership fee to the state bar association to be a member. Those combined fees total up to $660 annually.

WSBA License Fee Fact Sheet

nomical. Which makes Dave one unique character. But wait, healso sings! And believe it or not he dances! Well, at least heused to dance. Dave was once part of the Polka Dots, a Scandi-navian folk dancing group for kids. Dave played the guitar andpiano as a kid. Thanks to a bad piano teacher he burned out onthe keys and at age thirteen took up the accordion. He contin-ued with the horn playing though and was a member of themarching band in high school. He also did a stint on the trum-pet for the famed Spartan Drum and Bugle Corp for about fouryears. Dave continued to sing too. He was part of a men’s acappella group called the Headnotes while at Vanderbilt LawSchool. They actually sang the national anthem to 15,000 fansthat came to watch LSU and Shaquille O’Neal play an SEC bas-ketball game. Dave still owns two accordions and recentlytalked his violin playing daughter into doing a Fiddler on theRoof duet with him in public. Dave’s played the accordion atweddings and jam sessions with other musicians. He apparentlyis proficient at Zydeco and West Texas waltz style. He doesn’thave any current projects in the works but who knows, with allthe New Orleans artists who fled Katrina to Portland, Dave justmight get a call.

Our last musician featured is criminal defense attorney JohnTerry. John, like many of our other featured stars, is multi tal-ented. He can play keyboards, guitar, bass, saxophone anddrums. He currently holds down the throne for Big Electric, alocal rock and roll band that features another CCBA member,Mike Green on the guitar. These guys lay down some prettygood tunes thanks to the rhythmic skills of John. John comesfrom a long line of musicians. His mom was a piano teacher andhis father, a physician by day, played guitar, mandolin and banjo.John’s dad and uncle were once part of the Terry Family Bandthat did USO tours worldwide. Both of his grandmas taughtpiano and voice. So John Terry clearly has music is in his blood.John is self taught on the drums. He was in a band called UrbanWildlife at age fourteen. They needed a drummer so John quicklylearned from an old drum kit he found in his grandmother’sgarage. Since then John has been in quite a few bands. Hisresume includes playing for the Extraordinaires, the Nomads, thePosters, the Hi Jinks (seriously?) and Big Electric. Although helikes practicing law, John tells me like many musicians do thathe’d love to play for a living. He loves the creative outlet, the sat-isfaction of when things click and the camaraderie with his bandmates. And, like most lawyers, he likes being on stage. To catch

John and Big Electric try hitting the Brickhouse in the Couv at9:30 on March 10th. Or, if you’re old like me and just can’t stayup that late, try http://www.myspace.com/bigelectric/music.My favorite from the site is Burn down the River Boat.

And now, as a drummer myself, with John’s consent, my favoritedrummer joke: Two explorers lost deep in the equatorial junglesof Africa. Hacking their way through dense undergrowth theysuddenly hear native drums off in the distance. One looks at theother and says, “I don’t like the sound of those drums”. Towhich a distant voice replies, “He’s not our regular drummer”.

Linda E. FrischmeyerATTORNEY

Availablefor Consults

Washington& OregonLicensed

• Wage payment • Independent contractors• Confidentiality• Nonprofits• Non-compete

• Performance • Challenging behaviors• Leave laws • Disability accommodation• Drug testing

Respectful. Clear. Helpful.

[email protected]

805 Broadway, Ste. 1000 • Vancouver, WA 98660

Over 25 Years Assisting to Achieve Employment Goals

Rider & Associates Inc. provides superior court reporting services to the legal profession in

Southwest Washington and the Portland, Oregon region. We have successfully served our

clients since 1979 by offering many features and benefits tailored to your needs. We specialize

in complex medical and technical terminology and offer the latest technology in both software

and hardware applications to support the needs of a demanding industry. Rider & Associates,

Inc. will guarantee the highest level of professionalism with personalized service and attention

to detail.

P.O Box 245

Vancouver, WA 98666

Phone: 800.869.0864

Fax: 360.693.1037


Web: www.RiderandAssociates.com

Our Services Include:

♦ 7-10 day turnaround time without an expedite fee

♦ Full-Time Staff

♦ Realtime Reporting

♦ Computerized Transcription

♦ Caseview/Live Note

♦ e-Transcript

♦ Immediate Delivery

♦ Conference Rooms

♦ Scanning and Archiving of Exhibits

♦ Internet Realtime

♦ Realtime Captioning for Hearing Impaired

Affiliations:

♦ NCRA National Court Reporters Association

♦ WCRA Washington Court Reporters Association

♦ STAR Society for the Technological Advancement of

Reporting

♦ MTIA Medical Transcription Industry Association

♦ AHDI Association for Healthcare Documentation

Integrity

♦ AHDI-Washington Association for Healthcare

Documentation Integrity of Washington

♦ AHDI-Oregon Association for Healthcare Documen-

tation Integrity of Oregon


Welcome back once again to the seemingly never ending series ofarticles highlighting CCBA musicians who wander amongst us.To those who would argue enough already, we’re tired of readingabout lawyer musicians, take heart. This is the last of the series.We’ve finally burnt through just about everybody in the bar whoever picked up an instrument. Next month we move on to a yetundecided but certain to be creative idea spotlighting other inter-esting CCBA members. Continuing the quest for evidence thatlawyers are not as boring as they seem. A statement we are certainis true, if we can just find some facts to support it. In this regard, ifyou know of anybody in the CCBA even semi interesting, pleaseinform the author. Know anyone who’s written a book? Run atriathlon? Trains dolphins? Or is just handy around the house?Well shoot me an email. They could be immortalized in the nextissue of Hearsay. Besides, the rest of us without hobbies, skills, tal-ent, tool belts or spare time need role models.

So what does a viola, an accordion and a drum set have in com-mon? Well, frankly, I have no idea. They don’t seem to gotogether at all. I can’t recall ever hearing a band comprised ofthese three, but you never know. Klezmer maybe? But those areour featured instruments this month. We start with ClarkCounty’s senior insurance defense litigator Doug Foley. Doughas been slaying plaintiff lawyers for years with his trial skills anduncanny ability to connect with a jury. But did you know he alsoplays the viola? In fact, he plays the piano and the violin as well.He started at the tender age of seven. His mom played the pianoand got him going with lessons on the instrument and the violinfollowed. Doug played the piano seriously into his thirties andthen entered a non musical hiatus. Practicing law and raisingtwo daughters took priority. But he decided one of the gifts hecould impart upon his children was the magic of music and howplaying an instrument teaches one so many things. So withDoug on the viola, his wife Ellen on the cello and daughtersMelissa and Crystal on the first and second violin, they started

what would become the Foley Family Quartet. The group wastogether about six or seven years and played for firm functions,clients and recitals. Beethoven, Mozart and Bach were some ofthe selections. Doug says that by the end of the time period theyactually started to sound pretty decent. He notes one of the bestthings about the experience was the daily hour long practice ses-sions with his daughters. What a great way to teach disciplinewhile at the same time sharing the magic of music and the worksof these great composers. What a wonderful memory to sharewith your father. So Doug’s story is more about raising kids thanplaying music. But make no mistake Doug is a big fan of classicalmusic. Just get him started on the history, culture and com-posers of that period and you can almost see the right side of hisbrain start to glow.

Our next musician in the crosshairs is civil litigator andHearsay’s own Dave Gregerson. Dave’s main instrument is theaccordion. Quick, name how many people you know play theaccordion. Then, if you can find even one, ask if they also playthe piano, French horn and trumpet. The odds should be astro-

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The Family Law Section held our monthly meeting on February8, 2012. Meredith McKell Graff presented on insurance issuesin the family law realm. Our next meeting will be on Wednes-day, March 14th. Pamela Loh will present on immigrationissues that could arise in the family law context.

Our meetings are in the reserved lounge section of Tommy O’s,801 Washington Street, Vancouver. Typically, these are on thesecond Wednesday of the month. The cost of the meeting willbe $13.00 for lunch plus $5.00 for one CLE credit for CCBAFLS members. If you are not a member of the CCBA and FLSthe cost is $13.00 for lunch and $10.00 for the CLE credit.

Please RSVP by the Friday just prior to our Wednesday meetingby sending your payment to our section’s Treasurer, Meredith

McKell Graff, 3214 NE 42nd Street, Suite B, Vancouver, WA98663.

Our officers are: President, Chris Boyd; Treasurer, MeredithMcKell Graff; Secretary, Stephanie Ellis.

If you would like to attend a CCBA FLS meeting and do not cur-rently receive the email updates, please email me [email protected].

Remember to visit the blog for updates and announcements:http://ccbafamilylawsection.blogspot.com/

Very Truly Yours,Chris Boyd

CHRIS BOYDFamily Law Section President

Family Law Section Meeting


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Navigating Government Agencies: Discrimination, Wage & Hour, & Employment Security

Emily Sheldrick & Greg Ferguson

As the economic downturn continues to cause fluctuations in the workforce, more and more employees are pursuing claims against former employers through government agencies. For example, according to the Equal Employment Opportunity Commission’s annual 2011 performance report, more than 99,947 charges were filed in 2011 alleging unfair workplace practices based on race, sex, age, religion, disability and even family medical history. That’s the highest number since the commission was started through the Civil Rights Act of 1964. Moreover, the recent decision in the wrongful termination case of Cudney v. ALSCO, INC 1 − essentially doing away with the public policy common law tort in Washington− has forced employment law practitioners to defer to statutory and administrative remedies when they would not have previously. Now, more than ever, employees and businesses must know how to work with government agencies in the employment law context. Failure to effectively manage and navigate through the complaint process can result in dire legal consequences for an unsuspecting employer or an ill-advised employee.

I. EFFECTIVELY HANDLING AN EEOC COMPLAINT A. Filing a Complaint/Responding to a Complaint B. The EEOC process for handling complaints C. Preparing your client for an interview D. Mediation/Settlement options through the EEOC E. Right to Sue Letter/Finding of Cause – what’s next?

II. UNEMPLOYMENT BENEFITS AND THE EMPLOYMENT SECURITY DEPARTMENT (ESD): KNOW WHEN HOLD, KNOW WHEN FOLD

A. Filing a Claim for Benefits/Responding to a Claim B. The ESD process C. Appealing the ESD decision D. Hearing before an Administrative Law Judge: How it works, why it matters E. Appealing the ALJ’s decision

III. WHEN LABOR & INDUSTRIES INVESTIGATES: WAGE CLAIMS A. Filing a Wage & Hour Claim with L&I B. Responding to a Complaint C. Managing the Investigation D. What happens after the L&I Investigation?

IV. OTHER AGENCY ACTIONS: HEALTH AND SAFETY, RETALIATION CLAIMS A. Retaliation Claims through L&I for WISHA/Wage & Hour B. Audits by L&I/WISHA C. Washington’s Human Rights Commission

V. BEST PRACTICES FOR EMPLOYERS: AVOIDING CLAIMS A. Written Policies of Non-discrimination B. Wage and Hour Records: Breaks and Overtime C. Written Code of Conduct D. Consistency, consistency, consistency

1 2011 Wash. LEXIS 665 (Wash. Sept. 1, 2011). A Motion for Reconsideration is currently pending before the Washington State Supreme Court.


Board members in attendance: J. Clark, K. Rylander, S. Clark, J.Sasser, D. Gregerson, J.D. Nellor, A. Dunn, J. Fairgrieve, J. (presiding). Staff in attendance: L. Darco

1. Call to Order, 12:10 PM.

2. Approval of previous meeting’s minutes: On motion dulymade, seconded, and passed unanimously, the meetings from theJanuary 4, 2012 meeting are APPROVED.

3. Treasurer’s Report: J.D. Nellor offered financials, both currentand comparison to last year’s. Pattern shows net improvement(black) compared to last year. Patsy Eby will be filing the taxreturn and information is being relayed to her for that purpose.

4. Old business:a. Kaiser balance – Nellor and Fairgrieve will go down aftermeeting to finalizeb. Check signing – Nellor and Fairgrieve will go down aftermeeting to finalize.c. Insurance policy: Rylander reported on compared proposedpolicies (multiple coverages), including coverage, limits, andpremium rates. Zurich and Philadelphia are the competing car-riers. Rylander proposed to accept the proposed increasedcoverage and limits to update to current needs. Discussionheld. Rylander will follow up with the agent with some morequestions, decision tabled for now.d. Barrister’s Ball: Darco reported 28 are registered so far. Nosocial committee meetings to report. Darco has met with the cater-ers, beverages served until 11:30 closing time. Auction purchasesand accounts should be settled at the event. Board donations arestill sought for auction items. We have two platinum sponsors.

Discussion held regarding other event details. Award nomineesurgently needed for Simpson, Weber and Harvey awards.e. CCBA Budget: Fairgrieve states that annual budget is dueand should be presented at March general membership meet-ing, per the bylaws. CCBA should use the internal budgetingfunctions within Quickbooks to make “one stop” bookkeeping.f. Mentorship Program: Fairgrieve circulated materials fromOregon State Bar, which may serve as a template for anadvanced mentoring program. Committee should be formedto survey membership interest and assemble a program. g. Office support and compensation: Fairgrieve suggested an infor-mal committee, to be set after Barrister’s Ball, to take up this issue.h. Office improvement: Darco requestedinput/permission/budget for some new décor to update and“warm” the office for members and the public. Requestedamount is $200. On motion duly made, seconded, andPASSED, Darco is authorized to explore and spend $200.

5. New businessa. March general meeting: March 26 is suggested, to assembleagenda, etc.b. CLE Calendar: Rylander reported that HEARSAY includes3 overlapping calendars for general information and CLE.Rylander will consolidate.c. VLP: Gregerson requests additional space in HEARSAY torecognize exceptional volunteer work. Given reduced costsfrom green edition, CCBA encourages additional information,including pictures and graphics.d. Membership: Darco provided updated statistics on membership.

6. There being no more business before the board, on motion dulymade, seconded, and passed, the board meeting was ADJOURNED.

DAVID GREGERSONCCBA Secretary

CCBA Monthly Board Meeting MinutesFebruary 1, 2012

ASSOCIATE ATTORNEYVancouver law firm Marsh, Higgins, Beaty & Hatch is seeking a licensedWashington State attorney having a minimum of two years litigation expe-

rience. The candidate should have consumer bankruptcy experience andhave experience in or willingness to develop, a couple other areas of law.

Basic knowledge of Microsoft word, Excel, and Outlook required. Oregon license is a plus. The candidate will be expected to fully manage

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We offer a competitive benefits and compensation package. Please respond to this ad by forwarding your cover letter and résumé to

[email protected].

Billing & Bookkeepingusing Timeslips & Quickbooks

* Bank & IOLTA reconciliations

* Weekly & monthly services

Cynthia Bradley(626) 795-5441 references available

To register: call CCBA, (360) 695-5975, OR email: [email protected], OR

FAX this flyer back to Diane at (360) 737-6891 with your BAR NUMBER ________________________,

NAME _____________________________________________ PHONE #__________________________,

and EMAIL ( to download the materials) ____________________________________________________.

EMILY A. SHELDRICK’s law practice emphasizes employment (representing both employers and employees) and complex civil litigation since 1996. Emily is licensed in Washington and Oregon and before the U.S. District Courts for Oregon and Western Washington. Emily graduated summa cum laude from the Oregon State University and with honors from the University of Washington School of Law. She serves as a member of the CCBA Bench-Bar Committee, Vice President of the Clark County Chapter of the Washington Women Lawyers, and on the Executive Committee for the State Board of Washington Women Lawyers.

GREG FERGUSON’s practice has focused distinctly on employment law and related litigation since his admission to the Washington State Bar in 1992. Greg earned his Law Degree from the University of Oregon School of Law in Eugene, Oregon, and his undergraduate degree from Washington State University in Pullman, Washington (Edward R. Murrow College of Communication). He is a member of the Washington Employment Lawyers Association (WELA), the National Employment Lawyers Association (NELA), and is licensed in all Federal Courts in Washington State. Over his nearly 20 years in practice, Greg has also developed specialized knowledge in the areas of Public Records, Open Meetings and Administrative Procedure in connection with his representation of public employees in numerous cases against Cities, Counties and various State and local agencies.

The Clark County Bar Association Presents a CLE:

NAVIGATING GOVERNMENT AGENCIES: DISCRIMINATION, WAGE & HOUR, & EMPLOYMENT SECURITY

by Attorneys Emily Sheldrick and Greg Ferguson Tuesday, March 20, 3:00 pm – 5:00 pm (Sign In at 2:45)

Public Service Center, 1300 Franklin St, 6th Floor Training Room � Beverages and Cookies Provided! �

2.0 CLE Credits. CCBA members: $70, non-members: $80, non-attorneys: $50.

There is an Early-bird discount of $10 for registering on or before Tuesday, March 13.


The Clark County Bar Association is pleased to announce its

TRIAL SKILLS: PRACTICAL DAYThe CULMINATION of the Trial Skills Series

Saturday, May 5, 2012, 8:00 AM – 5:00 PM, at the Clark County Court HouseLocal Judges and Trial Attorneys will mentor small groups as they practice the skills covered during the Trial Skills Series. The cost is $225 for CCBA members, $315 for non-member attorneys, and $225 for non-attorneys. Space is limited and preference will be given to those who have attended at least one of the Trial Skills Nuts and Bolts lectures. Lunch will be provided.

To register: Call the CCBA, (360) 695-5975, OR email: [email protected],

OR FAX this flyer back to the CCBA at (360) 737-6891 with your:

NAME:______________________________________________________, PHONE #______________________________, BAR NUMBER: _____________________,and EMAIL ADDRESS:___________________________________________________.

MENTORSJudge Richard Melnick received a B.A. from Northwestern University and his J.D. from Lewis and Clark Law School, and has spent approximately 30 years as a prosecutor and as a judge. He has taught courses at Clark College and has lectured on such topics as ethics, search and seizure, trial advocacy, evidence, and constitutional law.

Don Jacobs (Civil Trials) has practiced personal injury and insurance law in the Portland/Vancouver area since 1979. He is currently a sole practitioner with offices in Vancouver and Portland, where he exclusively represents injured consumers.

Judge John F. Nichols received his BA from Seattle University and graduated Cum Laude from Gonzaga University School of Law. He was in private practice in Vancouver, Washington from 1975 to 1994; initially with Wilson & Nichols and then Nichols, Lane & Marshall. His practice emphasized real estate; business and family law. He was elected as the Clark County Bar Association President for the 1990-91 term and served for numerous years as Trustee and Secretary for the Clark County Bar Association.

Judge Robert Lewis is a graduate of Western Washington State College and the University of Washington Law School. After admission to the Washington State Bar in October, 1981, he worked for Eastside Defender Association in Seattle as a trial attorney. Judge Lewis practiced law in Camas from 1984-2004 with the firm of Knapp, O’Dell, Lewis and MacPherson. Although the firm had a typical small town general practice, his primary focus was criminal defense and family law. He was appointed to the superior court bench in November, 2004.

Suzan Clark obtained both her bachelor's degree and law degree from the University of Oregon, making her a proud "Double Duck." She began her legal career as a deputy district attorney in LaGrande, Oregon and later worked as a deputy prosecuting attorney in both Cowlitz and Clark Counties. In 1994 she entered into private practice emphasizing criminal defense, appellate work and family law. She has tried over 150 felony jury trials in Oregon and Washington as a defense attorney and she tried over 50 felony cases to a jury as a prosecutor in both Oregon and Washington. She has briefed and argued over 150 appeals to the Washington Court of Appeals, Divisions II and III, the Washington Supreme Court and the Oregon Court of Appeals.

Advertise with us!!! Reach 500 Attorneys and Legal Professionals

throughout Clark County!

Call Lisa Darco for pricing & space availability: 360-695-5975

Thank You!The CCBA would like to thank

those of you who participated in

the Silent Auction at the Barrister's Ball.

Your generosity allowed us to

donate $3244.00 to the

YWCA SafeChoice program.