Credits: 3 Access to Justice, 1 Elder Abuse Reporting, 3 Ethics
Bias and Discrimination in the Legal Profession
9:00–12:00; 3 Access to Justice Credits
Hot Topics in Legal Ethics
1:00–4:00; 3 Ethics Credits
Elder Abuse Reporting
4:05–5:05; 1 Elder Abuse Reporting Credit
Friday, October 30, 2015
Ambridge Event Center
1333 NE Martin Luther King Jr. Blvd.
Portland, Oregon 97232
Bias and Discrimination in the Legal Profession
3 Access to Justice Credits
8:30 Check-in and Continental Breakfast
9:00–12:00 Bias and Discrimination in the Legal Profession
Oregon played a key role in the march to this year’s landmark US Supreme Court decision granting same-sex marriage, the seminal civil rights issue of our time. We are honored to present an in-depth conversation with the judge and key lawyers sharing the history, strategy, and politics behind Oregon’s Rummel and Geiger marriage equality cases. Get behind-the-scenes personal and professional insights and stories of struggle and success. We will also explore the aftermath and real world implications of these rulings on in areas of law including employment, civil rights, and family law.
– Hon. Michael J. McShane
– Misha Isaak
– Jennifer Middleton
– Lake James H. Perriguey
– Mary H. Williams
There will be a 15-minute break at 10:30
Hot Topics in Legal Ethics
3 Ethics Credits
1:00–1:55 Attorney Discipline in 2015: The State of the Oregon State Bar
The procedural rules that govern Oregon’s attorney discipline system have been only moderately changed since 1984. This program will provide an overview of Oregon’s attorney discipline system as it functions in 2015, highlighting how Oregon’s system differs from many states’ and detailing the roles of volunteers and professional staff. The panelists will also discuss the results of a recent ABA study of Oregon’s attorney discipline system and preview a Bar committee’s recommendations made in response to the study.
– Dawn Miller Evans
– Mark Johnson Roberts
1:55–2:50 Where’s Your Data? Privacy, Security and Your Ethical Obligations
Protecting law firm data is no longer as simple as locking the office door. That lawyers are able to store, access and communicate confidential client and employee data electronically and remotely increases risk that the data will be exposed to interception, misplacement or theft. In the age of wireless networks, cloud computing, and mobile lawyering, law firms must develop strategies to protect electronic data. This panel will help you identify potential data risks at your firm, understand the ethical obligations that arise out of data management and storage, create risk-minimizing policies and procedures, and develop action strategies in case of a potential data breach.
– David J. Elkanich
– Dayna E. Underhill
3:05–4:00 Ripped from the Headlines: Notable Ethics Breaches
How often have you thought “That opposing counsel is kicking our tail in trial. If we could only set him up in a crime….?” If you acted on that, what are the ethics implications? Truth is stranger than fiction as we explore highly entertaining real-life practice missteps that have gotten lawyers in trouble, in the news, or both. This rollicking panel will explore head-shaking behavior which blows the limits of ethics, civility and professionalism to impart cogent lessons in What Not To Do.
– Peter R. Jarvis
– Bonnie Richardson
– Simon Whang
Elder Abuse Reporting
1 Elder Abuse Reporting Credit
4:05–5:05 Elder Abuse Reporting
All Oregon attorneys became mandatory reporters of elder abuse under Oregon law on January 1, 2015. This presentation will review the statutory duty to report, exceptions to reporting, and the intersection of the duty to report with an attorney’s ethical duty of confidentiality under the Oregon Rules of Professional Conduct as well as attorney-client privilege.
– Hon. Amy Holmes Hehn
– Amber A. Hollister
– Ellen Klem
David J. Elkanich
Holland & Knight LLP
Dawn Miller Evans
Oregon State Bar
Hon. Amy Holmes Hehn
Multnomah County Circuit Court
Amber A. Hollister
OSB Assistant General Counsel
Office of the Governor
Peter R. Jarvis
Holland & Knight LLP
Mark Johnson Roberts
Gevurtz Menashe Larson & Howe PC
Ellen M. Klem
Oregon Department of Justice, Office of the Attorney General
Hon. Michael J. McShane
U.S. District Court
Johnson Johnson & Schaller, PC
Lake James H. Perriguey
Law Works LLC
Folawn Alterman & Richardson LLP
Holland & Knight LLP
Portland City Attorney’s Office
Mary H. Williams
Former Deputy Attorney General for the State of Oregon
|Brochure (0.90 MB)||Download|
|28th Annual Ethics CLE –– Entire Book (5.97 MB)||209 Pages||Available after Purchase|
|Book Cover, Schedule, Bios, TOC (0.03 MB)||11 Pages||Available after Purchase|
|Session 1 - Bias & Discrimination in the Legal Profession (2.23 MB)||83 Pages||Available after Purchase|
|Session 2 – Attorney Discipline in 2015 (0.17 MB)||22 Pages||Available after Purchase|
|Session 3 - Ethics Ch-02 Where's Your Data - Privacy Security and Your Ethical Obligations (0.73 MB)||20 Pages||Available after Purchase|
|Session 4 - Ethics Ch-03 Ripped from the Headlines - Notable Ethics Breaches (0.16 MB)||15 Pages||Available after Purchase|
|Session 5 - Elder Abuse Reporting (3.62 MB)||53 Pages||Available after Purchase|
|MCLE form 2015 Ethics - All Sessions||1 Pages||Available after Purchase|
David J. Elkanich, Partner, Holland & Knight LLP, Portland; Adjunct Professor, Lewis & Clark Law School; B.A., magna cum laude, University of Arizona (1996); J.D., University of Oregon School of Law (1999); member of the Oregon State Bar since 1999, Washington State Bar since 2005, and Idaho State Bar since 2009; admitted to practice in the U.S. District Courts, District of Oregon, Western District of Washington, District of Idaho, and the Court of Appeals for the Ninth Circuit; advises lawyers and law firms in a wide range of professional responsibility matters, including ethics advice, bar discipline defense, and litigation assistance with sanctions issues, withdrawal and disqualification motions; regularly counsels lawyers and other professionals how to navigate an “electronic” practice, including the rules of engaging in online activity, mining metadata, and in utilizing social media; past chair and current member, Oregon Legal Ethics Committee; Chair, RPC 8.4 (Anti-Bias) Drafting Committee; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member, Washington Rules of Professional Conduct Committee; former member, OSB Unlawful Practice of Law Task Force; former member OSB Uniform (Civil) Jury Instructions Committee; member, Association of Professional Responsibility Lawyers; member, ABA Center for Professional Responsibilities.
Dawn Miller Evans, Disciplinary Counsel and Director of Regulatory Services, Oregon State Bar, Tigard; B.A., cum laude, Southwestern University (1975); J.D., University of Texas School of Law (1981); Member of the Texas State Bar since 1981, the Michigan State Bar since 2006, and the Oregon State Bar since 2014; past President, National Organization of Bar Counsel and Walker County Bar Associations; former member, Board of Directors, Texas Young Lawyers Association.
Hon. Amy Holmes Hehn, Judge, Multnomah County Circuit Court, Portland; B.S., Willamette University (1981); J.D., Suffolk University Law School (1985); member of the Oregon State Bar since 1985; involved in multiple justice system policy and practice improvement initiatives, including the Family Violence Coordinating Council which she currently chairs; member, Child Welfare Council, Juvenile Justice Council, and Reclaiming Futures Initiative, and is Chair of the Domestic Violence Court Work Group.
Amber A. Hollister, Deputy General Counsel, Oregon State Bar, Tigard; B.A., Reed College (1999); J.D., Order of the Coif, University of Washington School of Law (2003); member of the Oregon State Bar since 2003; practice focuses on prospective ethics guidance to lawyers and serves as in-house counsel to the Oregon State Bar and its Board of Governors; former law clerk to Honorable Robert H. Whaley (2003–2005); former attorney, Perkins Coie LLP (2005–2007), and Deputy General Counsel, office of Governor Ted Kulongoski (2008–2010); author of numerous articles on ethics issues, OSB Bulletin.
Misha Isaak, Deputy General Counsel, Office of Governor Kate Brown, Salem; B.A., Reed College (2004), J.D., University of Pennsylvania Law School (2008); member of the Oregon State Bar since 2008; former litigation attorney at Perkins Coie where he was a member of Basic Rights Oregon’s legal advisory committee and one of the lead attorneys in a challenge to Oregon’s ban on marriage for same-sex couples; Ranked as one of 40 Under 40 LGBT lawyers in the country, National LGBT Bar Association (2013); formerly worked for Congresswoman Darlene Hooley and Attorney General Hardy Myers.
Peter R. Jarvis, Partner, Holland & Knight, Portland; B.A., magna cum laude, Harvard University (1972); M.A. and J.D., Yale University (1976); member of the Oregon State Bar since 1976, Washington State Bar since 1983, California State Bar since 2002, Alaska State Bar since 2003, and New York State Bar since 2009; practices primarily in the area of attorney professional responsibility and risk management, advising lawyers, law firms, and corporate legal departments on issues including but not limited to conflicts analysis, disciplinary defense, the minimization or avoidance of lawyer and law firm risk, law firm policies and procedures, and the provision of ethics opinions and expert testimony; leader of the firm’s national Lawyers’ Professional Responsibility /Risk Management Practice Group; former chair, ABA Center for Professional Responsibility Conference Planning Committee; former member, OSB Legal Ethics Committee and Washington State Bar Rules of Professional Conduct Committee; co-editor and chapter author, THE ETHICAL OREGON LAWYER (Oregon CLE 2006); co- author (with Geoffrey C. Hazard, Jr. and W. William Hodes), THE LAW OF LAWYERING (Aspen 2008 Supp.); co-author, OREGON RULES OF PROFESSIONAL CONDUCT ANNOTATED (OLI 6th ed. 2010); frequent writer and speaker on legal ethics issues; co-author (with Anthony Davis), RISK MANAGEMENT (ABA 2nd ed.).
Thomas R. Johnson, Partner, Perkins Coie LLP, Portland; B.B.A., University of Michigan (1993); J.D., with high honors, University of North Carolina School of Law (1997); member of the Oregon State Bar since 2001; admitted to practice, U.S. Supreme Court, U.S. Court of Appeals for the District of Columbia, U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the District of Oregon, and U.S. District Court for the District of Colorado; practice focuses on commercial, securities, antitrust and unfair competition litigation, white collar and investigations, political law, trade secrets, e-discovery services and strategy, securities enforcement, and international arbitration and international law; member, Federal Bar Association, Oregon Chapter (2007–present, and President 2012–2013); Executive Committee member, OSB Business Litigation Committee (2007–present, Treasurer 2010–2011); member, ABA Litigation and Antitrust Sections; former member, OSB Antitrust Section (2001–2007, chair, 2006–2007), American Inns of Court, Gus J. Solomon Inn of Court (2002–2007), and MBA Young Lawyer’s Membership Committee (2001); ranked, by Chambers USA, one of America’s Leading Lawyers for Commercial Litigation (2012–2015); listed in The Best Lawyers in America (2012–present); Portland Business Journal “Forty Under 40” (2007); Oregon Super Lawyers (2009–present), and Rising Stars (2008); recipient, ACLU foundation Civil Liberties Award (2009).
Mark Johnson Roberts, Of Counsel, Gevurtz Menashe, Portland; B.A., Reed College (1982); J.D., Boalt Hall School of Law, University of California at Berkeley (1987); LL.M., Transnational Law, Willamette University College of Law (2011); member of the Oregon State Bar since 1987 and the Washington State Bar since 2003; practice emphasizes family law, adoptions and surrogacy arrangements, and same-sex relationships; former clerk, U.S. District Court and Oregon Court of Appeals; fellow, American Academy of Matrimonial Lawyers; chair, ABA Commission on Sexual Orientation and Gender Identity; past president, Oregon State Bar and the National LGBT Bar Association; former chair, State Professional Responsibility Board; member, Oregon Law Institute Board of Directors (2008–present); recipient, MBA Professionalism Award; frequent author and lecturer on family and appellate law topics.
Ellen M. Klem, Director of Consumer Outreach and Education, Attorney General’s Office, Oregon Department of Justice, Salem; B.A., Michigan State University (2001); J.D., Case Western Reserve University (2004); member of the Indiana Bar since 2004 and the Washington DC Bar since 2006; serves as a liaison between the Oregon Department of Justice, federal, state, and local government entities and officials, tribes, community organizations, advocacy groups and members of the media. Coordinates financial educational campaigns that target vulnerable Oregonians and works with the Attorney General and the Oregon Department of Justice to prevent and address financial harm that affects vulnerable Oregonians; also plans and hosts speaking engagements and other events to address the need for more safeguards and public awareness activities to prevent financial harm to vulnerable Oregonians; prolific author and presenter in subjects related to her expertise.
Hon. Michael J. McShane, Judge, U.S. District Court for the District of Oregon, Eugene; B.A., Gonzaga University (1983); J.D., Lewis & Clark Law School (1988); member of the Oregon State Bar since 1988; Multnomah County Circuit Court Judge appointed by Governor Kitzhaber (2001–2013), presiding over a wide variety of criminal and civil matters; former supervising attorney with Metropolitan Public Defender (1988-1997), Multnomah County Pro Tem Judge (1997-2001); Adjunct Professor, Lewis & Clark Law School (2003-2007); appointed to the Death Penalty panel in 2003 and managed 25 capital cases; currently teaches extensively on trial practice and evidence and focuses much of his time working with at-risk youth.
Jennifer Middleton, Shareholder, Johnson Johnson & Schaller PC, Eugene; B.A., summa cum laude, Yale University (1989); J.D., Harvard Law School (1995); member of the California State Bar since 1995, New York State Bar since 2001, and the Oregon State Bar since 2007; primary practice focus is on employment and civil rights including whistleblower retaliation, qui tam, and Title IX; President, American Civil Liberties Union of Oregon; member, District of Oregon Local Rules Committee; Executive Committee member, Constitutional Law Section of the Oregon State Bar; former Ninth Circuit Lawyer Representative; co-author, Oregon Bar Books chapters including “Equal Employment Opportunity: Age Discrimination” in Labor and Employment Law: Private Sector (2011), and forthcoming, “Civil Rights and Employment Discrimination” in Damages.
Lake James H. Perriguey, Attorney, Law Works LLC, Portland; B.A., St. Johns College (1991); J.D., Lewis & Clark Law School (1998); member of the Oregon State Bar since 1998 and the Washington State Bar since 2012; practice focuses on civil rights, family law, plaintiff litigation, business and art law; lead counsel and instigator of Geiger v. Kitzhaber; member, Oregon Trial Lawyers Association.
Bonnie Richardson, Managing Partner, Folawn, Alterman & Richardson LLP, Portland; J.D., University of Oklahoma College of Law (1997); member of the Oregon State Bar since 1998; admitted to the U.S. Court of Appeals for the Ninth Circuit and U.S. District Court, for the District of Oregon; practice focuses on litigation, legal malpractice, trust litigation, and business litigation; member, task force to review the Oregon Rules of Civil Procedure to address discrimination, intimidation and/or harassment in legal proceedings; member, Multnomah Bar Foundation Board of Directors; past officer, Multnomah Bar Association Board of Directors; past member, Legal Ethics Committee of Oregon State Bar; recipient, Multnomah Bar Association Pro Bono Award of Merit (2009); recipient, Portland Business Journal’s “Forty Under 40” award (2011); frequent speaker on ethics and the law.
Dayna E. Underhill, Partner, Holland & Knight, LLP, Portland; B.A., cum laude, Hartwick College (1988); J.D., Suffolk University Law School (1992); member of the Oregon State Bar since 1992 and the Washington State Bar since 1996; practice focuses on legal professional responsibility and ethics, commercial litigation, and labor and employment law; former adjunct professor, Lewis & Clark Law School (1996–1998); member, Oregon State Bar House of Delegates; member, OLI Board of Directors (2012–present); member, OSB Securities Section and Labor and Employment Section; member, MBA Professionalism Committee; member, Washington State Bar Association Disciplinary Advisory Roundtable (Respondent’s Counsel Representative) (2010–2016); member and secretary, Northwest Academy Board of Trustees.
Simon C. Whang, Deputy City Attorney, Office of the Portland City Attorney; B.A., Johns Hopkins University (1992); J.D., New York University School of Law (1999); member of the New York State Bar since 2000 and the Oregon State Bar since 2003; adjunct professor, Mock Trial/Moot Court at Lewis & Clark Law School; speaks regularly on professionalism and social media.
Mary H. Williams, retired; former Deputy Attorney General, Oregon Department of Justice, Salem; B.A., University of South Dakota (1980); M.S., University of Oregon (1983); J.D., Lewis & Clark Law School (1990); member of the Oregon State Bar since 1991; practice focused on appellate law and government law.
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