March 2023
Multnomah
Lawyers associated for justice, service, professionalism, education and leadership for our members and our community
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Est. 1906
The Importance of Mentors by Tim Resch MBA President I think many of us would admit that the process of becoming a lawyer, and then learning how to be a lawyer, isn’t all that easy. We completed 12 years of primary and secondary education. We then went to college for our undergraduate degree. Finally, we decided that 16 years of school wasn’t enough, so let’s do three more. I am pretty sure I’m not alone in acknowledging the important mentors I’ve had that helped me get to this point – it has been 25 years since I sat for the Oregon bar examination. I thought this month would be a good time to reflect on - and publicly thank - some of the important lawyers who have shaped my career. My first and earliest mentor was Pam Jacklin. Pam was a lawyer with Stoel Rives. I first met Pam sometime in grade school (my dad’s company used Stoel Rives, and Pam was one of the lawyers assigned to that client). I recall her as kind and curious, and tolerant of the way too many questions I had about what a lawyer did. By the time I was in law school, Pam became a frequent ... the process of sounding board for school questions becoming a (should I take Employment Law?) and career choices. Early on, I recall Pam talking lawyer, and then about the importance of being an advocate learning how to for your client. It took me a while to figure be a lawyer, isn’t out what that meant (High School Tim all that easy. wasn’t all that switched on to that sort of issue), but that advice has stuck with me. When I think about how to be the best advocate for my client, I hear Pam’s voice loud and clear. In law school we have many teachers, and they each leave an imprint or mark on us. For me, it was Henry Drummonds. My first year of law school was actually pretty enjoyable. Professor Drummonds’ Torts class had me hooked. Now for those who had Henry as a teacher, you know how he embraced the Socratic method and seemed to really enjoy teaching. I thought I was interested in employment law, and Prof. Drummonds’ Employment Law class confirmed that interest. I asked Prof. Drummonds to supervise my “A” paper, and he agreed. I won’t forget his comment about my first draft being “a little parochial.” Professor Drummonds helped to teach me to think like a lawyer. He also introduced me to my next important mentor. Early in my third year of law school, Prof. Drummonds told me there was a judge who needed a clerk for a special case, and asked if I would be interested. The adage that in your third year, law school “bores you to death” did not apply to me - in large measure because I had the privilege of working for Judge Bill Keys, on the Multnomah County Circuit Court. I met him in his chambers for an interview. We talked for a bit, and then he asked if I liked dim sum. I had no idea what dim sum was, but I was up for trying it. He hired me as a special clerk for the case, and I spent a lot of time that Fall reading
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summary judgment motions, responses, and replies. The best part of working for Judge Keys was talking through the issues and arguments with him. He would poke and prod at my evaluation and analysis of the various motions. He let me sit in the court for oral argument, and included me as he mapped out his various rulings. Judge Keys was both practical and wise. I recall him asking lawyers to brief ...What is the common a certain issue with “two pages, thread to these mentors? and your two best cases.” I miss the They all took time to judge - he was taken far too young share the knowledge and from us. But his impact on me wisdom they had about lives on. I had two mentors while I was how to practice law. working at the United Nations War Crimes Tribunal. Alan Tieger is an American lawyer. Before he came to the Tribunal, Alan was with the US Department of Justice Civil Rights Division, where he was a member of the trial team that prosecuted the Los Angeles police officers who beat Rodney King. Joanna Korner, K.C., C.M.G. is an English barrister. She now sits as a judge at the International Criminal Court in The Hague, Netherlands. Alan was a Senior Trial Attorney assigned to the Bosnian Serb Leadership cases, and I was one trial attorney on his team. I worked closely with Alan in all facets of the case, including investigating and narrowing down the scope of the case to the key witnesses and documentary evidence, drafting opening statements, and preparing the initial witness - an expert witness, who would lay out the big picture of the joint criminal enterprise we needed to prove existed in Bosnia in 1992. We spent 10-plus hours a day for a month preparing for that direct examination. Alan was also assigned a case involving the massacre of 200 prisoners. He asked me to second chair that case with him, and we ended up negotiating a guilty plea with the accused’s lawyers. Alan was intense, and absolutely dedicated to holding the accused accountable for their crimes. Joanna was also working on Bosnian Serb cases, and my role on the Bosnian Serb Leadership case trial overlapped with Joanna’s case. Joanna’s case was already in trial, and I joined the team to help with some of the overlapping witnesses from the Leadership case. English barristers focus on oral advocacy, and Joanna was the consummate oral advocate. She could absolutely command a courtroom, and she has that English way of sounding just so compelling. I spent a fair bit of time with Joanna conducting suspect interviews in Bosnia. She helped me to refine my forensic skills with practical and constructive advice. I am grateful for the lessons I learned watching her prepare for and conduct witness examinations. There are a number of other mentors I’ve had through the years. The partners at Samuels Yoelin Kantor who hired me to be a law clerk back in 1996, co-counsel and opposing counsel on many cases over the years. What is the common thread to these mentors? They all took time to share the knowledge and wisdom they had about how to practice law. The MBA has a Mentor Program, under the umbrella of our Professionalism Committee. Our Mentor Program is always looking for mentors. I encourage our members to take advantage of the opportunity to give back to our community and volunteer to be a mentor to a newer lawyer.
March 2023 Volume 69, Number 3
mba CLE
Due to the COVID-19 pandemic, the MBA will be offering all seminars ONLINE ONLY unless otherwise listed. To register for a CLE seminar, please see p. 3 or visit www.mbabar.org/cle and input your OSB number to register at the member rate.
MARCH 3.14 Tuesday Investment Deals and Investor Litigation Cody Berne Bryson Davis
APRIL 4.4 Tuesday Residential and Commercial Foreclosures in Oregon Hope Del Carlo Tony Kullen 4.6 Thursday Racism in Oregon History: A Brief Overview Eliza Cany-Jones Kerry Tymchuck 4.10 Monday Arbitrations in Oregon: The What, Where, Why, and How A.C. Estacio-Heilich Brad Krupicka Heather St. Clair 4.12 Wednesday State and Local Initiative Process Justice Stephen K. Bushong Steve Berman Katherine Thomas 4.18 Tuesday Ethical Duties Concerning Self-Represented Litigants Judge Christopher Ramras Nellie Q. Barnard 4.19 Wednesday Family Law Update Judge Susan M. Svetkey Patricia Arjun Amy Fassler
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Save the Date! MBA 117th Annual Meeting, Dinner & Judges Reception Wednesday, May 24 5-8 p.m. Hilton Portland Downtown 921 SW Sixth Avenue Sponsorship opportunities available. Contact Kathy at the MBA at 503.222.3275.
In This Issue Calendar ������������������������������������������ 2 CLE �������������������������������������������������� 3 Announcements ������������������������������� 5 Ethics Focus ������������������������������������� 5 Around the Bar ��������������������������������� 6 News From the Court �����������������������10 Tips From the Bench ������������������������10 In Memoriam: Michael D. Schrunk ���� 11 WinterSmash ���������������������������������� 11 YLS �������������������������������������������������12 Classifieds ��������������������������������������16 Pro Bono Volunteers ������������������������16
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