HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION
November 2020
February 2020 2019 December
THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION
The Clark County Bar Association is a professional organization that serves to support our local attorney community through providing education and networking opportunities designed to enhance and foster better relationships within the local legal community.
HEARSAY MAGAZINE | NOVEMBER 2020
November Hearsay Contributors
Bill
Christina
Thayer
Phelan
Schauermann Thayer Jacobs Staples & Edwards PS
Phelan Law Office
A Founding Partner at Washington Oregon Lawyers, Bill advises and represents clients in personal injury and wrongful death claims and litigation.
As an associate at Phelan Law Office, Christina focuses on Criminal Defense and Juvenile Law. Christina is also a dedicated member to both the Hearsay and Social Committees of the CCBA.
Roger
Erin
Priest
Priest
VanWa Legal PLLC
Landerholm, P.S.
Attorney Roger Priest is an attorney at VanWA Legal PLLC handling criminal defense and personal injury law expunge criminal convictions and reduce legal financial obligations.
Erin Priest’s practice focuses on estate planning, trust and estate administration, and probate.
CC BA
CCBA CLE
YEAR END ETHICS DECEMBER 15, 2020 1:00 PM - 4:30 PM VIA ZOOM 3 Ethics Credits CCBA Members: $60.00 Non Members: $75.00 Non Attorneys: $30.00
The Ye a r i n Re tr osp ect a n d Wh a t Li e s A h ea d - W a s h in g to n S ta te Sup re me Co ur t C h ie f Ju st i c e De b r a L . Ste p h en s J u di ci a l P a ne l : E th ica l I s s ues i n t he Ag e o f C OV I D - Wa s h in g ton St at e Co urt of A pp e als J u dg e Ric h Me l n ic k, C l a r k C o u nt y S up e r io r C o urt J udg e B e rn ard Ve l j ac i c , C la r k C o un t y D i st r ic t C o ur t J u d g e Kris t e n Pa rc h er Et h ics I ss u e s a n d C on f li c t s o f I n te re s t A n a l y s es i n t h e S ma l l L e ga l Co mm u ni ty - WS B A P ro f e s si o na l Re sp o n sib i li ty C o u ns el Je a n n e Ma rie C la v e re
Chief Justice Debra Stephens
Hon. Kristen Parcher
Hon. Rich Melnick
Hon Bernard Veljacic
Jeanne Marie Clavere
HEARSAY MAGAZINE | NOVEMBER 2020
a-MAZEing Corn Maze page 1o
A Tribute to Commissioner Liebman page 22
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HEARSAY MAGAZINE | NOVEMBER 2020
No Shave November page 18
CIVIL LAW UPDATE FROM THE BENCH
FEBRUARY 10, 2021
MARCH 10, 2021
CHARACTER EVIDENCE FOR CRIMINAL LAW PRACTITIONERS PRESENTED BY RACHAEL ROGERS
WHAT EVERY PI DABBLER NEEDS TO KNOW ABOUT HANDLING A PI CASE PRESENTED BY CRAIG SCHAUERMANN
JANUARY 13, 2021 BENCH TRIALS PRESENTED BY JUDGE ROBERT LEWIS AND JUDGE SCOTT COLLIER
APRIL 14, 2021 UGA IMPACTS ON GUARDIANSHIP, CONSERVATORSHIP, AND LESS RESTRICTIVE ALTERNATIVES – PREPARING FOR 2022 PRESENTED BY KAY KING, SENIOR COURT PROGRAM ANALYST, AOC OFFICE OF GUARDIANSHIP
CLE SCHEDULE
HARASSMENT PROTECTION ORDER DOCKETS AND DV PROTECTION ORDER DOCKETS: WHAT THE BENCH WANTS YOU TO KNOW PRESENTED BY COMMISSIONER TODD GEORGE
DECEMBER 9, 2020
CLARK COUNTY BAR ASSOCIATION
NOVEMBER 10, 2020
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President’s message by: Christie Emrich
Dear Members, I hope everyone enjoyed a socially distant Halloween. Thank you to everyone who joined us for the A-Mazing Corn Maze at Bi-Zi Farms. The costumes, the candy, and the bonfire made for a great night even if most of us could not make it out of the maze! The CCBA was excited to launch a new year of social events in a safe way. If you are interested in helping plan some more fun, pandemic friendly events our social committee is always looking for new members. Please e-mail our committee chair Christina Phelan (christina@ phelanlawoffice.com), she would love to have your help and your ideas. I hear she is working on another great event for December... The beautiful weather and COVID protocols made for a surprisingly relaxing and fun Halloween for my family. I, of course, was giddy because my Michigan State Spartans beat the Michigan Wolverines earlier in the day. Go Green! Then my girls got to dress up and hit a few key neighbors for candy. They raked in the treats and didn’t even miss the all-night neighborhood trek that Halloween usually requires. Instead I was able to wrap up an early night with a lovely red in my glass as we watched the new episode of The Mandalorian. As we move into November more changes are coming– a new Judicial Officer will be appointed in Superior Court, elections results will (hopefully) be in and Thanksgivings around the country will look a little different this year. Thanksgiving is my favorite holiday because it’s all about family, food, and football. I usually host because 1) I am a control freak and want to make sure the stuffing is done right and 2) I love having a ton people in the house eating all day.
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I know the big crowd can’t happen this year, but I won’t be able to stop myself from cooking. In fact, cooking, and more specifically baking is one of my favorite things to do. As we settle into the winter months, I am looking forward to holiday baking. Here are a few pics of what I’ve been baking lately: a smash cake for Megan Peyton’s littlest one’s first birthday and an apple pie this weekend because I had some extra granny smith apples. I took a pic prior to it going into the oven, but afterwards it made a lovely fall breakfast with a cup of coffee. It’s 2020, dessert for breakfast is a must! I hope you and yours have a wonderful November. Take time to eat some pie for breakfast and feel free to cheer on the Lions when they play on Thanksgiving Day, we need all the good vibes we can get! ~Christie
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HEARSAY MAGAZINE | NOVEMBER 2020
a-MAZE-ing Corn Maze by: Christina Phelan
We are back, Folks! After months and months of not seeing each other in person, we held our first socially distanced event at the Bi-Zi Farms Corn Maze. We had about 80 people attend most of whom got lost in the corn maze and may or may not still be there. I, myself, eventually had to give up and use the emergency exit. Almost everyone who came, showed up in great costumes, including ghostbusters, angels, Minnie and Mickey Mouse, witches, and more! Bi-Zi Farms set us up in our very own barn, where lots of Halloween candy and apple cider were consumed. We had plenty of space to socially distance, everyone was wearing masks, and we even handed out our very own personalized “spooky sanitizer�, so the event was very safe. Keep an eye out for some more outdoor/distancing events from us in the future!
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HEARSAY MAGAZINE | NOVEMBER 2020
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A Pair of Paralegals by: Erin and Roger Priest
Anissa Smith is an Estate Administration and Probate
paralegal at Landerholm, P.S. She has been at the firm for six years and primarily supports attorney Jill Sasser; however, it is common for other attorneys to request her assistance on cases due to her thorough research skills, superb work product, and dignified professionalism. Anissa maintains a large caseload and enjoys a disproportionate share of what we jokingly call “Jill’s unique and interesting probate cases.” Anissa is a wealth of knowledge and somehow finds answers that nobody else can. For example, Anissa can locate a case that you know exists but don’t recall the name of, as well as a professional evaluator for items left behind by a doomsday prepping individual. She is beloved by all who work with her.
Linda Gill is also an Estate Administration and Probate paralegal
at Landerholm, P.S. She has been at the firm for twenty-two years and primarily supports attorneys Greg Hall and me (Erin Priest). Prior to working in the estate planning department, Linda was a paralegal in the litigation department for many years. Linda is known for her wide breadth of knowledge, outstanding work product and organization, and quick wit. In 2016, Linda was lead support to Landerholm’s litigation team in K&S Development v. City of SeaTac, a three-month trial which garnered a Washington state record judgment for land use jury verdicts: $18.3 million dollars. While Linda maintains a large caseload, she is Landerholm’s “party jester” and one can’t help but feel uplifted when working with her. Both Anissa and Linda made significant contributions on a recent case that is now on appeal with the Washington State Court of Appeals (1st Div.): In re the Adoption of D.E. (This is one of “Jill’s unique and interesting probate cases.”) Jill Sasser 14
and I successfully voided a Skagit County adoption from the 1980s that was procured fraudulently. The fraudulent adoption was discovered after the biological father died and the adoptee, who had actually maintained a parent/child relationship with the biological father throughout her life, opened a probate proceeding and petitioned to become personal representative. Members of the biological father’s family objected, citing the adoption. Anissa and Linda worked tirelessly with us to help gather facts and documents, obtain sealed records, interview witnesses, organize the case into specific parts, draft pleadings, work within another county’s local rules, and maintain the probate proceeding locally – all during the ever-changing landscape of COVID and the year 2020. Anissa and Linda have invaluable skill sets and personalities. Landerholm is very lucky to have them and we feel spoiled that we get to work with them every day! Thank you, Anissa and Linda, for everything you do!
Vanessa Cavanaugh Paralegal at Green & Ritchie I worked in family law for 6 years. I started at Green & Ritchie, and then moved to Priest & Ellis/Priest Family Law. I came back to Green & Ritchie at the beginning of 2020, and am now doing criminal and personal injury. 1. Hometown - I was born in Hood River, OR, and have been in Vancouver since about the second grade. 2. Favorite legal movie or TV show - I'm a sucker for chick flicks. There are a couple I love, but my favorite would probably be My Sisters Keeper (which is also a great book). 3. Something you love about your job - I love that no matter how long you have been in this field, there are always new challenges and new things to learn. 4. Hardest thing about your job - For me it would probably be the large amount of people involved. Meaning, it can be quite a challenge to know who to contact for what--there are so many people in so many positions and when you're working in multiple practice areas, it can get confusing at times! 5. First thing you’d buy if you won the lottery - A private jet, so I could go anywhere at any time. 6. If you could go anywhere in the world on vacation all-expenses paid, where would it be? That's a tough one. It's a 3-way tie between Ireland, Greece and Italy. If I HAD to choose only 1, it would probably be Italy. 7. Favorite musician or band - Nope, can't do it. I literally cannot choose only 1. So, I will give you 3: James Taylor, Fleetwood Mac and John Mayer. 8. If you had to live in another time besides the present, which would you choose and why? I think I would choose the late 60's/early 70's. I'm a hippie at heart, and I think maybe this was the era I was supposed to grow up in...great cars, Woodstock, fantastic music. All of it. 15
9. What’s your best scar story? - In 2014 I tripped over a baby gate, which led to a broken ankle, which led to 2 giant scars. It was my very first broken bone (at the age of 28) and it was caused by a safety device. 10. Who was your childhood celebrity crush - Jonathan Taylor Thomas, obviously! 11. Worst high school job - Burgerville. 12. Who is your mentor? I have had 4 mentors, all serving different purposes and at different life stages. My high school English teacher, Dana Jessen, who pushed me to do better and who wasn't afraid to tell me exactly how it was, good and bad; DeLano Morgan, who was my manager/boss at the age of 20-24, who taught me how to take risks to get what I want in life; Lastly, Erin Priest and Commissioner Stefanie Ellis, who both taught me almost everything I know in this field. Most importantly, through them, I learned exactly how to be a strong, successful career-woman in a traditionally male dominant industry. 13. Bonus Question: Favorite lawyer joke - What's the difference between a good lawyer and a great lawyer? A great lawyer knows the Judge.
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Margaret Madison Phelan Attorney at Law 360 896-8243
Enjoying a limited virtual practice: Estate & trust planning Non-contested probate Special needs planning Long term care pre-planning Consulting with attorneys: practice development, problem solving estate and long term care plans for their clients and succession planning for their law offices
Calls returned on Thursdays margaret.phelan@comcast.net margaretmadisonphelan.com
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HEARSAY MAGAZINE | NOVEMBER 2020
No Shave November Beards are making a comeback in American society. Beards now seem to be everywhere: professional athletes, truck drivers, Army Special Forces, TV ads, etc. All kinds of facial hair are appearing: mustaches, goatees, long sideburns, five o’clock shadows, and variation of all of the above. Not to be outdone, many Clark County Bar attorneys are now sporting beards! Please enjoy our nod to No Shave November! Jonathan Young: “My beard just celebrated its 15th birthday! Next year it will technically be old enough to sit for a driver’s exam, but I don’t think it’s going anywhere – in a profession that’s not always viewed as particularly warm or welcoming, I like to think that it makes me a little more approachable by members of our community who find themselves in need of legal services.”
Angus Lee: "Who has time to shave in a declared State of Emergency?”
Travis Spears: “I also grow a beard for three reasons. 1) it hides my hereditary chins 2) my wife has never seen my face without one and I hope she never does 3) My Nordic heritage requires me to grow a beard.”
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HEARSAY MAGAZINE | NOVEMBER 2020
Ben Shafton: “I don’t hold a candle to the beards of John and Travis these days. But if you saw me in the early 1970’s...”
Brad Thayer: “If I were not in a profession that arguably requires (or, at least, expects) grooming and a professional appearance, etc., I would aspire to do as little of that stuff as possible. COVID-19 social distancing and working remotely from home has allowed me to reclaim nearly all of the time I used to spend getting suited up, groomed, and ready every morning and I feel like that has been a pretty big win for productivity.”
John Terry: “I grow and keep a beard for three reasons: 1) my wife thinks I look silly without it, 2) so I don’t have to shave every day, and 3) because I grow an epic beard.”
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HEARSAY MAGAZINE | NOVEMBER 2020
Erin McAleer: First beard about 12-15 months ago because I didn’t want to be the only person in the office without it, and well if Johnathan Schetky can try and pull it off then why not try. Found that the wife digs it, and if I keep it short enough it doesn’t irritate my skin. Ultimately, I’ve discovered I don’t have the resources or energy to grow a beard as beautiful as John Terry. So jelly!!
Greg Ferguson: I didn't plan on growing a beard but I had to in order to blend in with the local anti-establishment conspiracy theorists when I began living halftime in Klickitat County five years ago . The slogan up there is "Where we grow one, we grow all."
And finally, the winner of the first CCBA No Shave November beard competition is...... Ryan “Red Beard” Rothermel! Congratulations Ryan!
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HEARSAY MAGAZINE | NOVEMBER 2020
Washington Women Lawyers The Clark County/St. Helens chapter of Washington Women Lawyers will be holding spring CLEs on Equity on Monday, March 1st at noon and on Mental Health and Wellness on Monday, May 3rd at noon. We will also hold planning meetings on Monday, January 11th and Monday, February 1st, also at noon. All meetings are held virtually at this time. Please contact chapter president Meghan Williams at meghan. williams@wildwoodlaw.com for more information.
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HEADER (CHANGE ON MASTER B)
IN LOVING MEMORY OF
Commissioner Liebman 22
HEADER (CHANGE ON MASTER B)
We are saddened to report that Superior Court Commissioner Dayann Liebman recently passed away. Dayann “Danni� Liebman was born into a military family. She attended ten different schools during her primary and secondary education. She went to kindergarten and first grade in England and graduated from high school in Germany. While it's hard to have to start over in a new place every couple of years, she said she enjoyed the variety of places and experiences to which she'd been exposed. She then attended college at Washington State University and law school at Lewis and Clark. As a self-described "math nerd," she had planned to handle tax law and business cases, but noted as a brand-new associate attorney she was expected to handle family law cases. Within six months, she decided she liked it and found she had the patience and the temperament to work with people who were not at their best and who were in crisis. She moved to Vancouver in 1974. She loved the outdoors and found this area to be a great place to enjoy some of her favorite pastimes: camping, hiking and kayaking. She practiced as a family law attorney in Vancouver for over 30 years, and was appointed as a Superior Court Commissioner in 2011. She is well-remembered for her intelligence, work ethic, professionalism, dry sense of humor, kindness and her love of dogs. Scott Horenstein: Those of us who knew Dayann Liebman well personally knew her as a socially quiet and very private person. We all respected that because "that was Danni." Those of us who knew her professionally knew her as a really good lawyer. Always professional, knowledgeable and practical. She always practiced with common sense. She was dedicated to family law, having spent many years as a member of the Washington State Bar Association Family Law Executive Committee, serving as its chairperson and having spent countless hours organizing and speaking at its annual Midyear CLE programs. As good a lawyer as she was, in many respects she was an even better Commissioner. She utilized all her skills to take every case seriously, always being prepared, always making sure she knew the law that applied to a given case. She knew the facts and the law of the cases as well or better than the lawyers arguing before her. She was firm and fair. She asked me to introduce her when she was sworn in as Commissioner. I was not her first choice. Judge Robert Harris was but he was unavailable. Nevertheless, it was an immense privilege to do so and I will not forget the humble way in which she accepted the honor and task she unquestionable deserved. For many of us, her death is a profound personal and professional loss. 23
HEARSAY MAGAZINE | OCTOBER 2020
Howard Marshack: Dayann Liebman has been a family friend since she represented me in my divorce. Since 2004, my wife Susan and I thanked her every year on April 29th for her saving my life. That is what she did for me and that date is the anniversary of my divorce. Even through our friendship, Danni remained the most private, yet self-assured person I have known. I remember that day in 2002 when I hired Danni to represent me in my awful divorce. What a first impression sitting in her office under the watchful eyes of two huge and furry dogs! I had made a list of the attorneys I wanted to interview. Danni was not at the top of the list but ended up being the first I interviewed. Ten minutes into the interview I chucked the list and asked her to be my lawyer. Great choice on my part. She did a super job. She was always wise and almost always patient. As the case dragged on she had to go against four different opposing attorneys, appear in multiple venues and deal with the various outrages that came our way. Her professional manner elicited reciprocal professionalism from each of her opposing attorneys. Back then we, at Weber and Gunn thought our set of interrogatories was the county standard since it seemed everyone copied them. I got a whole new perspective when they were propounded on me. Danni would not permit my flippant answers. I thought I knew the biggest challenge for clients at trial was testifying. I could handle testifying . . . so trial is no problem, right? I learned testifying, while not a piece of cake, is so much easier than enduring the testimony coming at you. Twice Danni had to tell me in a barely audible yet very stern voice to 'sit still and behave.' I was not the only attorney Danni represented at that time. A couple years after my divorce I learned indirectly that Danni also represented a colleague I respect and had occasional contact with. Fast forward a few more years, that attorney and I opposed each other on Danni's docket. At an attempt at humor outside the courtroom, I told that attorney we would soon find out which one of us Danni liked best; meaning who would win the argument. I lost. In about 2003, when my terms timed out on the Family Law Executive Committee, Danni was recruited to be nominated to the committee. I recall a prominent Seattle attorney mentioning to me that Danni would be a great addition to the committee. He and others made sure she was nominated. That was the first I knew Danni's reputation was already solid in Seattle. Even after all these weeks the reality of Danni's death has not fully sunk in. I want to know where Susan and I can go on April 29th to thank her again.
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Judge Barbara Johnson (Retired): I am so sorry to hear of the passing of Commissioner Liebman. Before she became a commissioner, Danni was a pleasure to work with as an attorney. Her written materials were always impeccable, and her oral presentations in court and in settlement conferences were always precise, persuasive and reasonable. As a colleague on the bench, she was outstanding to work with. As most are aware, she was a very private person. In fact, during my time as Presiding Judge, we were never able to get a photograph to use for our website. When we had the ceremony to swear her in as our new commissioner, I remember she was so nervous to be the center of attention I was afraid she might faint before I could administer the oath. However, as a judicial officer, she was confident and, I understand, very firm in conducting proceedings and making her rulings and loved her work. She commented to me that with her background as a family law attorney, she was surprised at how much she enjoyed the Juvenile Court work. She took a special interest in the young people and their families, and enjoyed being in the Juvenile Building and working with the staff. Judge James Rulli (Retired): We were all saddened by the passing of Commissioner Liebman. Our legal careers paralleled one another for almost 40 years. I remember when she first started practicing we had cases against one another and from that time forward I knew I'd better be on my "A" game because I knew Danni would be. When I was on the bench as a Court Commissioner or Judge I always read and reread Danni's pleadings thoroughly because she didn't hesitate to let me know what the law was and on a few occasions would tell me that either opposing counsel or I had it wrong. It was because of her Family Law expertise that the Judges didn't hesitate in appointing her as a Superior Court Commissioner. As colleagues Danni was the one I called when I had a difficult Family Law issue. Thank you Danni. We're going to greatly miss you whether in the courtroom or simply out on the corner during one of her daily breaks.
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HEARSAY MAGAZINE | NOVEMBER 2020
CCBA Candidate’s Forum and Judicial Evaluation Poll On October 5, six of the seven candidates applying for the newly created Department 11 in Clark County Superior Court took part in the CCBA’s first ever virtual Judicial Candidate’s Forum. Each prospective judge gave a thoughtful message of why they were best qualified to fill the position before taking questions from those in attendance. Our thanks to (in order of appearance) Sean Downs, Emily Sheldrick, Nancy Retsinas, Kasey Vu, Tsering Cornell and James Smith. John Davis was unable to attend. Each of the candidates took the forum seriously and have bravely put themselves out there by taking part in our bar poll. Those results are below. Best of luck to all the candidates. Superior Court Poll Department 11 1. Legal Ability: Answer Options Sean Downs Emily A. Sheldrick Nancy Retsinas Kasey Vu Tsering Cornell James B. Smith John L. Davis
Exceptionally well qualified
Well qualified
Qualified
Not qualified
Insufficient information
Response Count
40 65 59 51 14 74 11
37 62 50 61 37 36 30
44 30 46 50 36 21 63
7 6 8 8 5 4 27
75 40 40 33 111 68 72
203 203 203 203 203 203 203
Well qualified
Qualified
Not qualified
26 52 47 57 23 25 27
39 30 33 38 25 22 59
9 3 8 10 4 3 12
Well qualified
Qualified
Not qualified
33 53 57 46 22 27 36
33 20 25 40 19 26 50
5 4 5 11 4 4 10
Well Qualified
Qualified
Not Qualified
37 70 53 66 31 42 29
49 35 37 37 31 27 64
5 8 9 7 14 4 20
answered question
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2. Temperament Answer Options Sean Downs Emily A. Sheldrick Nancy Retsinas Kasey Vu Tsering Cornell James B. Smith John L. Davis
Exceptionally well qualified 54 75 76 57 29 78 24
Insufficient Information 75 43 39 41 122 75 81
Response Count 203 203 203 203 203 203 203 203
Insufficient information 78 47 50 44 128 75 84
Response Count 203 203 203 203 203 203 203 203
Insufficient Information 71 37 31 34 110 70 75
Response Count 203 203 203 203 203 203 203 203
answered question
3. Integrity Answer Options Sean Downs Emily A. Sheldrick Nancy Retsinas Kasey Vu Tsering Cornell James B. Smith John L. Davis
Exceptionally well qualified 54 79 66 62 30 71 23
answered question
4. Relevant Legal Experience Answer Options Sean Downs Emily A. Sheldrick Nancy Retsinas Kasey Vu Tsering Cornell James B. Smith John L. Davis
Exceptionally Well Qualified 41 53 73 59 17 60 15
5. Choice Answer Options Sean Downs Emily A. Sheldrick Nancy Retsinas Kasey Vu Tsering Cornell James B. Smith John L. Davis NONE
Response Percent
Response Count
12.81% 23.65% 23.15% 15.27% 4.93% 16.26% 1.97% 1.97%
26 48 47 31 10 33 4 4
answered question
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answered question
HEARSAY MAGAZINE | NOVEMBER 2020
Volunteer of the Month October 2020 Cliff C ulter Cliff has been practicing law for three years and is a graduate of Lewis & Clark Law School. In May of 2020, he began the Cliff Coulter Law Firm PLLC to commence and grow his practice as a sole practitioner. The Cliff Coulter Law Firm is a full-service law firm dedicated to serving clients with specialized legal services regarding estate planning, landlordtenant, and family law in Camas, Washington. Cliff got started volunteering with the CCVLP in 2018 after watching an unlawful detainer hearing. At the hearing, he noticed that the CCVLP was shorthanded, so he decided to volunteer.
From then on, whenever he finished a Friday morning docket appearance, Cliff would mozy on down to the CCVLP attorney work room to see if there was any work to be done. He enjoyed the experience so much that he immediately decided to make volunteering more of a regular occurrence. Cliff now hosts a monthly housing advice clinic for the CCVLP. For his kindness and commitment, we are happy to honor Cliff as our October 2020 Volunteer of the Month. Thank you, Cliff!
October 2020 Volunteers: Anne Ajayi, Chris Boyd, Brandon, Campbell, Cliff Coulter, Sharon Cousineau, Ed Dawson, Chelsie Elliott, Laurie Garber, Tanya Green, Sherri Farr, Peter Fels, Phil Foster, Marlene Nagel Hansen, Jennifer Hill-Hart, Jeff Keddie, James LeBlanc, Terry Lee, Scott Matthews, Brian MacKenzie, Joseph Mintz, Ben Moody, Brian Parker, Emily Roberts, Deanna Rusch, Amber Rush, Anna Russo, Nancy Retsinas, 27 Joshua Volvovic, Allison Widney, and James Wriston.
HEARSAY MAGAZINE | NOVEMBER 2020
Forty Years – The Blink of an Eye by: Bill Thayer Forty years ago, in May of 1980, I drove my 1973 Volkswagen Beetle to Seattle to study for and take the Washington State Bar examination. In passing through Clark and Cowlitz Counties on my way from Eugene, traffic was at times stalled as the Beetle’s little windshield wiper blades knocked away eraser-sized pebbles and volcanic ash still raining down out of the sky from the recent volcanic eruption of Mt. St. Helens. The hazardous air and slow progress seemed apropos. I had just been through three years of what I thought were pretty grueling studies devoted to learning to think like a lawyer, and dissecting most if not all of the different areas of law that one might encounter as a practicing attorney. I have heard some of my colleagues say that they enjoyed law school. I didn’t. I’ve heard some of my attorney friends claim that the bar examination was for them a snap. It wasn’t for me. I did, however, manage to pass it, and was thus happily sworn in as a
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neophyte lawyer, in Vancouver, Washington, in October of 1980. And, that was the beginning of what has been a wonderful and memorable career for me, ever since, in the private practice of law in both Oregon and Washington. A lot has changed in the world from the early days of my practice. There were no such things as cellular phones or Internet, or computers available for everyday business use. Email obviously didn’t exist. Attorneys communicated in person, often in court, or over a (landline) telephone connection, or they wrote a letter. Speaking of letters, and pleadings, there was carbon paper; no copy machines. Secretaries were irreplaceable, trained to take dictation utilizing shorthand, and capable of typing 60+ words a minute on a mechanical typewriter – usually error-free. Moving picture film was still a rarity outside of Hollywood. A still picture taken on a camera would have to be developed in a dark room. You worked at an office, not at home. People still shook hands. It wasn’t deemed unsafe to congregate with others, to celebrate, to visit, or to observe some event worthy of attention. You could walk outside, or into a room with others, without having to wear a mask. In fact, if you wore a mask, people would assume that you had an intent to rob the place. The news on television, broadcast on Channel 2, 6, 8 or 12 for an hour maybe once or twice a day, endeavored to be unbiased, and as such was generally actually informative. But people who really wanted to be in-the-know read newspapers, several of them every day. Eloquence carried the day. If you could speak effectively, and knew when to do so and when to be silent, you were an invaluable ally. Like I said, much has changed.
HEARSAY MAGAZINE | NOVEMBER 2020
I am not complaining. I still love my job. I am eternally grateful that I chose the path of becoming an attorney. I know that my commitment and the work I have done has touched many lives, and many of my clients and their families have touched my life in a very positive way. However, I will admit to a twinge of nostalgia, when I think about some aspects of “the good old days”. There are some things that I miss; some aspects of those simpler times. As one example, I know that today we can instantly dial up a connection via cell call, FaceTime, or Zoom chat, for example, and are able to immediately on a whim easily access other media content on smartphones, watches, iPads, computers, or cable channels. I don’t mean to disrespect the benefits that such instant opportunity for informationgratification offer. But to me, compared to being able to meet in person with a friend, colleague, or client, shake their hand, sit down over lunch or a cup of coffee or tea, and engage in undistracted real live conversation for an hour or two? The first is a shallow experience that, let’s be honest, you typically engage in with your attention distracted and from which you typically can expect to reap few lasting recollections or rewards. The latter, in contrast, is an opportunity to really learn something, to challenge your brain and self-held opinions, and to develop respect of and for another person, or perhaps even a meaningful friendship. It’s like the difference between drinking a glass of Gatorade, versus one of fresh-squeezed orange juice. In any event, I have really enjoyed my career as an attorney. I often have been heard to encourage young people at their moment of decision to consider law as an option. It is an honorable profession, and I am grateful that I chose it. It does for me seem to have gone by quickly, to be approaching this 40 year milestone. I cannot overstate how much I appreciate all the clients, colleagues, and friends that over the years have made my experience as a lawyer so memorable. That about sums it up. But I will add this, in case it may interest you – to celebrate my 40th anniversary as a licensed attorney next month, here is what I intend to do. First and foremost, I am going to take a day off work. I am going to sleep in past 6 a.m. I am not going to work in my home at all that day. I am going to have coffee with my wife in the morning out on the porch, without wearing a mask. Around noon I am going to call my mother, both of my children, and then talk with my little grandchildren one at a time, and give each of them my regards as best I can on our old relic of a landline telephone. And then, in the evening – if the smoke and ash has dissipated sufficiently by then from our Vancouver skies for it to be safe to do so – I am going to take a long walk to the park and through the woods of our neighborhood greenbelt, and stop and smell the flowers along the way. If you learn one thing from having been an attorney for four decades, it is the wisdom of taking time to smell the flowers along the way.
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HEARSAY MAGAZINE | NOVEMBER 2020
Bookkeeping Meals
&
Entertainment
Final
Tips Regs
by: Emanuela Sandri | Attorney Bookkeeping Services, Inc. The following is from the November 2020 issue of The General Ledger Newsletter published by AIPB (American Institute of Professional Bookkeepers). IMPORTANT FOR THE NEAR FUTURE Note: With restaurants, stadiums and other event facilities shut down in many parts of the country, this item may seem irrelevant. But at some point, the shutdowns will end and the item below will be important. We recommend reading it now and saving it for later; the IRS is not likely to reissue these regs when things open up again. Final entertainment and business meal deduction regs issued. The IRS recently issued final regs that largely follow the proposed regs and previous guidance on how to distinguish meals from entertainment and how to know when meal expenses are deductible. As in previous guidance, the final regs hold that entertainment does not include food or beverages as long as these are not provided at or during an entertainment activity or, if they are, that the food and beverage costs are separately stated from the entertainment costs. The food and beverage costs must be the standard costs of the provider for those items—i.e., cannot be inflated to minimize nondeductible entertainment costs.
HEARSAY MAGAZINE | NOVEMBER 2020
For food and beverages to be a deductible business meal expense: •
the expense must not be lavish or extravagant under the circumstances;
•
the taxpayer or an employee of the taxpayer must be present when the food or beverages are furnished; and
•
the meal also must be provided to a “business associate”—anyone with whom the taxpayer could reasonably expect to engage or deal in the active conduct of a trade or business, such as a customer, client, supplier, employee, agent, partner, or professional adviser. The relationship can be either established or prospective.
In most cases, only 50% of the cost of business meals is deductible. Meals consumed by an employee while on travel for work also remain deductible, but the higher level of substantiation required for travel expenses continues to apply. Nontravel meal expense deductions are subject to the requirements for keeping records and substantiation of expenses under §162, Trade or business expenses. Employers can continue to provide meals tax-free as de minimis fringe benefits to employees under certain circumstances, but can deduct only 50% of the cost. The 50% deduction limit applies also to any delivery fees, tips, and sales tax—but not to the cost of traveling to a meal. 100% deductible Expenses for food and beverages are 100% deductible: • to the extent they are treated as compensation to the recipient, such as an employee; •
when incurred in connection with providing services for an employer or other person under a reimbursement or expense allowance arrangement; and
•
when provided to employees as part of a recreational, social or similar activity, provided the activities do not discriminate in favor of highly compensated employees, officers, or shareholders and others who own 10% or more of the business.
Example: Food and beverage expenses for holiday parties, annual picnics, or summer outings that do not discriminate in favor of highly compensated employees are 100% deductible, as are food and beverages available on a regular basis to all employees in a pantry, break room, or copy room. Not deductible There is no deduction for: •
the use of any facility used in connection with an entertainment activity; or
•
dues paid to any social, athletic, or sporting club or organization or for any amount paid or incurred for membership in any club or organization for business, pleasure, recreation, or other social purpose.
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HEARSAY MAGAZINE | OCTOBER 2020
CCBA Annual Meeting
CCBA ANNUAL MEETING, MEETING MINUTES CLARK COUNTY BAR ASSOCIATION September 21 2020
Minutes of the CCBA Annual Meeting 9/21/2020 Via Zoom due to COVID19 12:02 start CCBA President Spratt 1. Opening remarks
a. Moment of Silence for Commissioner Dayann Liebman who passed away last week
b. It’s time for dues renewal. Don’t miss out on bench updates, CLEs, and socials.
c. Sign up for the Lawyer Referral Service via CCBA website
d. Bench Update 9/23/20 with Judge Snider and Judge Osler
e. CCBA Judicial Preference Poll for new Superior Court Judge Dept 11 coming out soon
2. Treasurer’s Report, Treasurer Jesse Jacobs Remains optimistic about our finances. Costs have been reduced (ie: digital Hearsay). The reserves are healthy but will be dipped into due to the CLE revenue decrease. It is not expected that decreases will extend beyond the pandemic. Jesse presented the budget in Zoom shared docs. Motion to Approve Proposed Budget: (Sasser/Phelan) Approved 3. Clerk’s Office Report: Scott Weber Scott expressed his appreciation for everyone’s flexibility as COVID procedures continue to evolve. The Clerk’s Office is preparing for the return of court facilitators. 4. Annual Report of Superior Court: Judge Scott Collier There have been constant changes with COVID procedures. Report details subject to change. Department 11 Judge to start 1/1/21. 10/1/20 deadline to apply. Governor Inslee’s office will announce the appointment in late November or early December. Superior Court is working on the schedule for the new department. Court space is an issue. COVID and trials: trials are starting to resume. Judge Collier just finished a two week trial with witnesses and interpreters all appearing via Zoom. Jury selection for criminal trials is held at the Clark County Fairgrounds. So far, more jurors are showing up than pre-COVID. Commissioner Liebman passed away last week. Judge Collier knew Commissioner Liebman personally and professionally for decades. It is a great loss to the bench. 32
HEARSAY MAGAZINE | OCTOBER 2020
5. Annual Report of District Court: Judge Kelli Osler Almost all hearings are via Zoom. Jury trials resumed in September and there have been several criminal trials. One of the courtrooms is outfitted for jury trials with Plexiglass. Sanitizing procedures are in place. Social distance markers in the courtroom. Everyone must wear masks and there are temperature checks to enter the courthouse. Zoom info is on the court website with a “find my case” feature. Rotations will happen in the new year. Judge Parcher will trade caseloads with Judge Osler, who will take over the DV caseload in January. 6. CCBA Committee Reports Family Law Section: Emily Roberts Monthly CLEs are via Zoom, at this point. Working on a group donation in memory of Commissioner Liebman; will work with Lisa Darco to get information out. Young Lawyers Section: Paige Spratt (for Leila Arefi-Pour) No YLS updates. Please contact Leila or Lisa Darco to sign up for this section. Guardianship, Probate, and Elder Law Dues decreased to $40. Meetings are generally the second Monday of the month. Contact Rachel Brooks or Julie Payne to join. CLE Committee: Paige Spratt 12/9/20 Civil law Update 12/15/20 Ethics Zoom reduces CLE costs, so the CCBA will cut CLE prices to $15 per credit. Reach out to Lisa Darco with topic ideas or if you wish to be a CLE presenter. Hearsay Committee: Jill Sasser Article ideas and writers needed. Contact Jill Sasser or Lisa Darco. Inns of Court: Jill Sasser Contact Jill Sasser to join. Social Committee: Christina Phelan Our social lives have definitely been affected by COVID. The committee is planning a pumpkin patch event that would allow us to be in person and socially distanced. Email Lisa Darco to join this committee. New Committee: Membership – will address increasing CCBA participation along with diversity/equity issues
7. Nominations and Election of New Officers and Trustees: Paige Spratt President: Christie Emrich Vice President: Jesse Jacobs Secretary: Le Ann Larson Treasurer: Ben Melnick Trustees Dan Gasperino (1 year remaining), Christina Phelan (2 years remaining), Erica Aquadro (3 year term) Immediate Past President: Paige Spratt No nominations from the floor Motion to elect the slate; motion seconded, electronic vote; passed 8. Board Appreciation: Paige Spratt Thank you to Jill Sasser for 7 years of service to the CCBA! Thank you Jack Green for 3 years of service to the CCBA!
Will Search:
Representing Injured Workers on Their Washington Claims
“Clifton Roger Perry� If you have any information please contact: Brandon Perry (509) 998-9732 brandon_perry@hotmail.com
Law Office of Steven L. Busick
(360) 696-0228 1915 Washington Street Vancouver, WA 98660
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CCBA Member Benefits
Let your CCBA membership pay for itself! A-Affordable Bail Bonds: 8% bond for any bond over $2,500 The Source Climbing Center: Climb 201 at 1/2 price Grays at the Park Kyle and Sciuchetti Vancouver Pizza Company: 15% off (excludes drinks) 9. WSBA President Bleu Door Bakery and Mieko's Marketplace: 10% off Made brief comments. He welcomes bar members to email him with any input or NAEGELI andmeeting Trial: 10% off Court concerns. Deposition He recommends our new DistrictReporting, 3 GovernorInterpreting, Lauren Boyd,Legal who works at the Prosecuting Attorney’s Office.& Trial Presentation Copying/Scanning 10. Christie Emrich, the new CCBA#Novitas4CCBA President was introduced Novitas: Use Promo Code for 10%and offmade yourbrief nextcomments project 11. The 2019/2020 President’sLexis AwardNexis, was presented Paige Spratt Pacific Office Automation, & Law to Pay: Call the CCBA for details Adjourned CLE “Ask the Experts: A CLE Presentation on Working from Home, Priorities, Profitability and Wellness” presented by: Heather Decker and Juliet Laycoe, followed at 1:00
35
Clark County Bar Association
HEADER (CHANGE ON MASTER B)
CCBA BOARD OF TRUSTEES MEETING MINUTES CLARK COUNTY BAR ASSOCIATION September 2, 2020
Virtual Meeting Via Zoom Called to order 12:03 Spratt, Larson, Emrich, Jacobs, Phelan, Gasperino, Green, Sasser (Darco present) August 5, 2020 board meeting minutes: motion to approve (Green/Phelan) Approved Treasurer’s Report (Jacobs): Reviewed Treasurer’s report, overall financial position is good all things considered; expenses were down, which really helped; will be monitoring incoming dues over the next month. OLD BUSINESS- none NEW BUSINESS Nominations, slate of officers for 2020/2021 (Spratt) President: Christie Emrich Vice President: Jesse Jacobs Secretary: Le Ann Larson Treasurer: Ben Melnick Trustee: Dan Gasperino (final year) Trustee: Christina Phelan (year two) Trustee: Erica Aquadro (year one) Immediate Past President: Paige Spratt Motion to approve the slate (Sasser/Green) Approved The CCBA received a lot of great applicants for positions! Thank you for your interest in serving your bar association. We hope you will join committees and apply for future board openings! Sharing CLE with Seattle U (Spratt) CCBA was contacted by Seattle U for a copy of the recent Construction Law CLE. The CCBA could connect with area law schools regarding CLEs. Idea to develop a relationship 36
HEADER (CHANGE ON MASTER B)
with law schools to get CLE content and speakers in exchange for access to our CLEs. Could connect students to local job and intern needs. Could cross advertise in school publications and ask to use articles in The Hearsay. Spratt and Darco will work on email response to Seattle U. CLE Update (Spratt) Virtual CLEs. Will they be recorded for later access? Darco said this is possible to do. Spratt proposed updating the CCBA Zoom subscription to a webinar format subscription due to high participation and continued virtual CLEs. Board discussed and decided to upgrade. Membership Committee (Spratt) Will reach out to CCBA members to encourage committee participation. Very important to increase membership this coming year. Virtual Swearing In (Darco) Darco will get information about who passed the bar exam and who is getting membership via diploma privilege. Membership Update (Darco) 88 members to date. Mostly website renewals. Will be sending reminders to renew and there will be a Hearsay article. Clark County Volunteer Lawyers Program Resolution (Spratt) Every year the CCBA resolves to support the mission and goals of the CCVLP. Resolution read. Motion to approve resolution to support CCVLP (Green/Phelan) Approved Spratt will sign the resolution. Bylaw Changes (Spratt) Emrich proposed we can modify meeting time without a bylaws change. Issue with time conflict for Wednesdays at noon. Board decided meetings will be at 12:15 and remain on the first Wednesday of the month. Emrich proposed we update bylaws to include the standing committees we presently have. The membership and Hearsay committees need to be added. Reminder: Annual Meeting September 21st at Noon; CLE following It’s Jill Sasser and Jack Green’s last meeting today. Thank you both for your service to the CCBA! You will be missed! Adjourned 12:40 37
Clark County Superior Court
BENCH/BAR COMMITTEE MEETING MINUTES CLARK COUNTY SUPERIOR COURT October 13, 2020
Persons in attendance: Nicholas Alexander (nick@etengofflaw.com), Sean Downs (sean@greccodowns. com), Matthew Kimball (Matthew.Kimball@clark.wa.gov), Emily Sheldrick (Emily.sheldrick@clark. wa.gov) Curtis Welch (cwelch@sussmanshank.com), Jessi Anderson (jessi@ccvlp.org ), Rachel Brooks (rachel@guardianship-law.com), Jolene Sell (Jolene.sell@clark.wa.gov), Philippe Knab (philippe.knab@ nwjustice.org) and Judge Vanderwood (Derek.Vanderwood@clark.wa.gov), If you have matters that you would like to bring to the attention of the Bench/Bar, you are welcome to contact the above-mentioned members of the committee. I.OLD BUSINESS: No old business to report. II.NEW BUSINESS:
a. Philippe: Eviction moratorium extended to the end of the year; how that is going to look when it comes to term is what we have been focused on. Mediation and financial assistance portion are up and running and full steam ahead. We have been seeing the same type of cases, but less housing. Things have continued uninterrupted at NJP, transfer to remote platform is continuing to get better. Aside from looming moratorium nothing else to report.
b. Jessi: CCVLP has secured funding for full-time DV family law attorney – hope to have docket presence at DV docket, but a bit challenging because of virtual hearings. The plan is to have them help with drafting final orders and general questions. We believe will also speed up dockets because so much is paperwork which sometimes the judge completes from the bench. Trying to get word out and will be posting this week. CCVLP has been asked to participate in SW WA racial equities partnership program. Nonprofits in SW WA to do initial 2-day training on race equity training and monthly meeting to bring back to their programs.
i. Emily: Will the court or someone else announce an attorney is present? Maybe when they get the forms let the client know there is assistance available.
ii. Jess: We anticipate having a table 45 mins beforehand to help with filing out of paperwork, so the judges do not need to do it on the bench.
c. Rachel: Long term care proclamations have been extended to Nov 9. I also wanted to see the procedures for the clerks and courthouse because I have seen many disregard the mask rule.
i. Philippe: Maybe this is a good forum to have as discussion on pleadings that go through ex parte be e-filed as to avoid contact with the Clerk’s office.
d. Judge Vanderwood: Posting for commissioner up – position for Dept 11 applications has now closed. Governor and his office are working through interview process, not sure when a decision will be made. I think interviews this week. Opening on the court of appeals coming up as Judge Melnick is retiring in the coming months; that has been posted. Setting aside those issues, we continue to deal with COVID on a variety of issues. Two jury trials in July, an L&I and criminal jury trial. Jury selection at the fairground then jurors moved to courthouse. Favorable feed back to court from jurors. Response to jury summons have been good too. Continuing to examine processes to see what can be Wimproved. Challenges still getting paperwork to defendants – staff were acting as couriers and they have now backed off. The two comments about observations (of noncompliance with mask order) in the courthouse- I am not sure how that situation can be delt with. It is a challenge to monitor everyone in the courthouse. I do not know how 100% compliance once they are in the courthouse. We have the proceeds in place at entrance. As far as ex parte, it would help practitioners to have e delivery. If anyone has experience in the realm, I can present this option to the judges for discussion.
e. Jolene: Min wage going up to $13.96 next year – important to impute income. Question to Judge Vanderwood with respect to guardianship statute and the non-parental custody cases, I believe it does away with non-parental custody actions. Do not know what to do with pending non parental custody actions that have been started.
i. Vanderwood: We are in the process of digesting as well. More trainings coming, but lack of clarity in the statute with that I have reviewed.
f. Matthew: working on county contracts right now; they are going out this month. We are working with crim policies and procedures with Sean Downs; electronic signatures being discussed.
g. Sean Down: Focus on RCW 10.31.110 – pre-charging diversion for people with mental health issue and there is PC to arrest. Now open to any crimes and up to PA to determine; defense has input but LE and PA make the recommendations. Want uniform rules across the county as to create simple point of contract for mental health for determination for up to the 24 hours they can be held. There is another program in King County called LEAD –diverted at PA, arrest and transfer to social workers. Community Leaders interested in talking, learning about it.
Respectfully Submitted, Nicholas Alexander
Christie Emrich, President Telephone: (360) 906-0211 Email: cemrich@barrarlaw.com
Jesse Jacobs, Vice President Telephone: (360) 695-1624 Email: jesse@nwinjurylawcenter.com
Le Ann Larson, Secretary Telephone: (564) 397-2265 Email: leann.larson@clark.wa.gov
Ben Melnick, Treasurer Telephone: (360) 695-4244 Email: benm@washingtonoregonlawyers.com
Erica Aquadro, Trustee Telephone: (360) 823-0410 Email: eaquadro@gevurtzmenashe.com
Christina Phelan, Trustee Telephone: (360) 750-8750 Email: christina@phelanlawoffice.com
Dan Gasperino, Trustee Telephone: (564) 397-2261 Email: dan.gasperino@clark.wa.gov
Paige Spratt, Immediate Past President, Telephone: (360) 905-1433 Email: pspratt@schwabe.com
Lisa Darco, Executive Director Telephone: (360) 695-5975 Email: ccbamanager@ccbawashington.org
Mariah Mantzke, Administrative Assistant Telephone: (360) 695-5975 Email: ccbaservices@ccbawashington.org