november 2012 hearsay

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

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ccbawashington.orgNOVEMBER 2012

NEW TO SUE!page 6

THIS MONTH’S ISSUE

President’s Message ............................................................................3Who owns my [website, artwork, music, software] CLE ....................4Swearing in Candidates say “YESSSSSSS!”........................................6Ethics CLE..............................................................................................8Retirement & Financial Planning ........................................................102012/13 Nuts & Bolts, FLS & CLE Calendar ......................................12CCBA Monthly Board Meeting............................................................13Family Law Section ............................................................................14Arney goes the distance for VLP ........................................................15Clark County Superior Court Meeting Minutes ..................................16YLS Announcements ..........................................................................18Family Law Section Calendar..............................................................20

Nuts & Bolts Lecture: Negotiation ......................................................21The Real Socrates ..............................................................................23Hearsay Profile: Laura Mancuso ........................................................25Double Hearsay ..................................................................................26Inns of Court........................................................................................27Clark County Volunteer Lawyers’ Program ........................................28Legally Drawn......................................................................................29Attorney Bookkeeping Tips ................................................................29Law Library News................................................................................29Clerk’s Report ......................................................................................29SW Washington Lawyer Referral Service ..........................................30Events Calendar ..................................................................................30

IMMEDIATE PAST PRESIDENTJohn Fairgrieve(360) [email protected]

TRUSTEEJill Sasser(360) [email protected]

TRUSTEERick [email protected]

TRUSTEELaura Mancuso(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

OFFICE MANAGERLisa Darco(360) [email protected]

MEMBER SERVICESHeather Norton(360) [email protected]

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

PRESIDENTSuzan Clark(360) [email protected]

VICE-PRESIDENTJane Clark(360) [email protected]

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

SECRETARYArin Dunn(360) [email protected]

2012/2013 CCBA OFFICERS & TRUSTEES

RICHARD G. SPIERMEDIATOR

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Listed for Mediation inThe Best Lawyers in America ®

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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.

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HEARSAY - NOVEMBER 2012 330 CLARK COUNTY BAR ASSOCIATION

PRESIDENT’S MESSAGE

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 212 CLIENTS IN THE MONTH OF OCTOBERAdministrative Law ........................................................9Bankruptcy ....................................................................7Business & Corp ............................................................1Consumer ....................................................................13Criminal ........................................................................21Debtor/Creditor ..............................................................8Family Law ..................................................................48General Litigation ........................................................55Labor & Employment....................................................13Real Property................................................................19Wills & Trusts ..............................................................11Worker’s Comp ..............................................................0ADA ................................................................................5Taxation ..........................................................................2

SW WASHINGTON LAWYERREFERRAL SERVICE

UPCOMING EVENTS

November 21, 2012Hearsay Committee MeetingKurt Rylander’s Office - Noon

November 21, 2012Inns of CourtLittle Italy’s Tratoria - 5:00pm - 6:30pm

November 28, 2012CLE Committee MeetingCCBA Office - Noon

November 30, 2012CLE - Intellectual PropertyPublic Service Center Noon - 1:00pm

December 10, 2012CLE - EthicsRed Lion at the Quay 8:30am - 11:30am

December 11, 2012Superior Court Bench/Bar meetingCourthouse - Noon

December 12, 2012Family Law Section Holiday PartyTommy O’s - 11:30am

December 12, 2012Nuts & Bolts CLE : NegotiationRed Lion at the Quay 3:00pm - 5:00pm

December 13, 2012YLS Happy HourLocation TBD - 5:00pm - 6:00pm

MEETINGMEETING

MEETING

CLE CLECLE

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As I write this, the election results are in and I cannot help butthink the thing I am most grateful for is the end of campaigncommercials. Our electoral process sets us apart from much ofthe rest of the world. Four years ago I was sitting on the balconyof a friend’s condo in Tel Aviv watching military planes scramblein the direction of Gaza on election day. The people I met, bothIsraeli and Palestinian expressed great apprehension at the resultsof our election and what it meant for their respective future.

In 2000 I was vacationing in Germany and France with mymother. Due to the time difference, we expected to wake up topresidential election results. We headed out for a day of sightsee-ing after hearing that George W. Bush had won the presidency.As the day wore on, we sought refuge from a sudden downpourin a smoke-filled bar off the main square in Monte Carlo. A tablefull of Germans made room for us in the overcrowded bar. Welearned via news coverage that Florida was still in dispute. I foundmyself trying to answer questions from the Germans such as:“Why does a college decide who is president?” (The electoral col-lege) and “Why does Florida get to pick the president?”Sometimes our system does not make much sense to outsiders!

Both of these experiences reminded me of how much I appreci-ate the fact that I live in a country with a stable governmentbased on the rule of law. I may not always agree with the party inpower, but I live under a democracy.

When I graduated law school over 26 years ago, I really had nonotion of where my legal career would take me and how muchthe legal world would change over the course of my career.None of us could have imagined the changes to the world and tothe practice of law brought about by the current economic crisis.Nor could we anticipate the changes in technology that alter theway we practice.

A few years back I was sitting in the arraignment courtroomwaiting for my case to be called and the prosecutor announcedthat a defendant was making first appearance on the charge of“cyberstalking.” In unison, four of us older attorneys turned toeach other and said “WHAT’S THAT?” Some days it feels likethe world bombards us with change with incredible rapidity.

Our constitution provides the framework for our legal system toendure over time. Having visited countries where the rule of

law does not exist, this Thanksgiving I am most thankful for free-dom and the rule of law. I might add that I am also very gratefulthat Thanksgiving dinner does not include smoked rats, a deli-cacy in Laos (see photo below)

I am off celebrating the joy (cough, sputter and choke) the joyof turning 50 on a Mediterranean cruise. The photo below showsme standing in front of the Costa Concordia at a port stop inItaly in 2008. I am hopeful that my current cruise ship will fairbetter, as the Costa Concordia sunk off the coast of Italy last Jan-uary. Best holiday wishes to you all.

SUZAN CLARKCCBA President


1099-MISC for Sole Proprietorship in QuickBooksIf a firm pays a sole proprietorship $600 or more in the calendaryear, the issuance of a 1099 is required. When a 1099 is requiredfor a sole proprietorship, if the check is made payable to thecompany name (the dba), in the recipient box on form 1099, inaddition to the company name, include the owner’s full name(first name, middle initial, and last name).In QuickBooks, the 1099-MISC does not pull the vendor namenor the dba from the address block in the vendor file. For theowner’s name and dba to appear on the 1099-MISC, enter theindividual’s name in the first name, M.I., and last name fields,and enter the dba in company name field.

LAW LIBRARY NEWSFOR SALE Through December, 2012

The law library is taking blind bids on the following items:Washington DUI Practice Manual – Wa Pr vol 32 2010-2011Washington Practice Elder Law – Wa Pr vol 26 2d edWashington Elder Law Handbook – Wa Pr vol 26A 2010Deposition Objections book plus CD 2010-2012 edWashington Court Rules 2012Give your bid to the law librarian through the end of December.

Bids must indicate your name, phone number, amount, anditem(s) on which you are bidding. Winners will be notified inearly January. We reserve the right to withdraw an item frombidding.

CLERK’S REPORTWhen filing documents with the Clerk’s Office it would be help-ful if they could be 2-hole punched. Thank you and Happy Thanksgiving from the Clerk’s Office.

MARIA SOSNOWSKILaw Librarian

ATTORNEY BOOKKEEPING TIPS

EMANUELA SANDRIAttorney Bookkeeping Services, Inc.

Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.

LEGALLY DRAWNScience seems to have suffered a major setback.

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Friday, November 30, 2012 Noon – 1:00pm

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Susan Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423E-mail: [email protected]

If you received my email with sign up sheets and you have notlooked at it, please take a moment and consider what you can do inthe next year. If you have responded, thanks so much. It really helpsme to get people signed up ahead of time. I understand if somethingcomes up and you have to cancel. That is still easier for me. So, con-tact me if you want to volunteer and don’t have the email.

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 INTHE MONTH OF SEPTEMBER

DIRECT REPRESENTATIONBill Brendgard, Peter Fels, John Holtmann, Susan Hammann,Peter Sloane, Randy Stewart

BANKRUPTCY:Rob Russell

YWCA SAFECHOICE DV CLINIC:Sidney Dolquist, Marlene Hansen, Katie McGinley,Meredith McKell Graff, Peter Sloane

FAMILY LAW:Elizabeth Arwood, Lou Baran, Bill Brendgard, Ed Dawson,Susan Hammann, Lincoln Harvey, John Holtmann,Scott Horenstein, Juliet laycoe, Peter Sloane, John Vomacka

GENERAL LAW:Heather Carroll

HOMELESS COURT:Chuck Buckley, Jeff Courser, David Feeney, Gil Luzader,Abby Powell, Tim Smith, Diane Sweet, Anna Waendelin

HOMELESS SHELTER:Peter Fels, Gavin Flynn, Dustin Klinger

HOUSING JUSTICE PROJECT:Ed Dawson, Brian Mackenzie, Scott Matthews, Bill Robison,Scott Staples, Jillayne Van

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Who owns my {website, artwork, music, software}?

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Artists, designers, photographers, builders, Facebook, Twitter, Instagram, etc. are just a few of the players vying for actual ownership (or eternal licenses) to the massive IP rights that are spawned in the Information Age on a daily basis.

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now a partner after five years of practice at the firm (but you canstill call her Minion). Their practice will continue to emphasizetheir work protecting vulnerable adults with litigation, guardian-ships, probate and fiduciary representation and litigation. NowChris needs to hire a minion!

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.

Inns of Court held their monthly meeting on October 17th at LittleItaly's. Judge Rich Melnick and Commissioner Kristen Parcher'sgroup presented on freedom of speech issues in political speech, forlawyers and in court. The discussion on political speech focused onrecent developments from case law including the results of CitizensUnited v Federal Elections Commission, 558 U.S. 310, whichchanged corporation's influence on political speech, U.S. v. Alvarez519 F.2d 1036., in which the Supreme Court overturned The StolenValor Act, that criminalized claiming military service and recentdevelopments in the King County Superior Court race where a can-didate inappropriately utilized previous quotes from public figuresas endorsements for her campaign.

We also discussed the interaction between freedom of speechand Rule of Professional Conduct, both for attorneys and judicialofficers, including which statements are punishable and whichstatements are protected. We had a rousing discussion regardingan attorney's obligation in filing untruthful declarations and whattheir obligations are when they know the statements are untruebefore filing or discovering their untruthfulness after filing.

Our November meeting has been moved to November 28, 2012because of the Thanksgiving break and will focus on secondamendment rights. Please contact Nathan Petersen [email protected] or Elizabeth Christy at [email protected] if you are interested in joining.

Inns of CourtNATHAN PETERSENHearsay Special Correspondent

WANTED!!!The Hearsay is in search of new and exciting material

and new and exciting contributors!

Please join us on the third Wednesday of every monthat noon in Kurt Rylander's office!

If you have a great idea to share please don't hesitate to contact us.

Call Lisa in the CCBA office at 695-5975

You remember the feeling. . . .You raised your right hand, and with the utmost solemnity,began uttering these words, “I, (you inwardly cursed yourmother for that middle name), do solemnly declare I am fullysubject to the laws of the State of Washington and the laws ofthe United States and will abide by the same. . . .”

Your mind wandered. You reflected on the years of hard work,the friends you would leave behind, the mounds of student loandebt, the Latin words you can only recall half the time, and thesheer joy of passing the bar exam.

As the judge offered her congratulations, you maintained thatexterior of dignified earnestness and sincerity. But inwardly, youwere doing a full-blown “Toyota jump” while screaming,“YESSSSSSSSS!” It was official. You were a full-fledged lawyer.

On November 1st, nine new attorneys shared in that exhilaratingexperience as they assembled in Judge Melnick’s courtroom.With family and friends looking on, they suppressed the urge todo a happy dance, while formally bringing their law school daysto a close.

As is the case for so many new attorneys, this day represents amyriad of emotions. For Jaime Graves-Kautz, a U of O graduate,

this is the case not just for her,but for her entire family. “It’s areally big deal because I’m thefirst one of seven siblings to goto college. My mom is reallythe one who inspired me,” sheexplains. “She is a legal secre-tary for Northwest JusticeProject. So I kind of grew uparound the nonprofit world.”With this upbringing, the sup-port of her family, and herpassion for under-representedpopulations, Jaime set out forlaw school. And today, it wasonly fitting that she was sur-rounded by upward of twentyfamily members and friends, including (of course) her mother,her four-year-old niece, and even an old high school friend’smom. “I just really would like to thank my family,” she says.“They have been so supportive.”

Clark County probably hasn’t seen many couples sworn in, butfor Gonzaga graduates Laurel Yecny and Alex Ferguson, thisrepresents another happy step they are taking together. “We satnext to each other in a legal research and writing class the wholefirst semester and didn’t talk to each other,” Laurel explains.Alex insists that she was instantly attracted to him. But Laurelclarifies, “He had gross long hair back then and one day he askedme for a bobby pin. It took me a while to get over that one.”Bobby pin aside, that was somehow the beginning of a beautifulfriendship that saw them through law school. And the twoacknowledge that it was nice to have had each other throughoutthe ups and downs of their law school experience.

When asked what they are most eager to put behind them, Lau-rel answers without flinching, “The Bar! . . . I was so glad to bedone with that. That was a long, looooong 12 weeks of study.”But even as she looks behind her at the hours of study, she is set-ting her sights on some exciting things. “I’m really lookingforward to finally having an income,” Laurel says. “It will be nice

Swearing in Candidatessay “YESSSSSSS!”

HEATHER NORTONCCBA Special Correspondent

Newly formed, Dimitrov, Senescu & Babich, PLLC


Dynamic Duo Jill Sasser andCrystal (Lambert) Schroederdidn’t plan their first pregnan-cies, but both babies came righton time. Crystal welcomedBaby Zoey on October 13,2012. She was a little one at5lbs 14oz and 18.75 inches.Zoey’s mommy is currently thePresident of the Family LawSection of CCBA, and I am sureshe thanks her fellow BoardMembers, including MeredithMcKell Graff and NathanPetersen, for holding down thefort!

As the WSBA Bar News reports, our profession is aging quickly.With some of the recent barriers to entry into law school (cost)and the profession (no jobs), we will see a widening gapbetween the number of Senior Lawyers (who are still gods onthe softball field) but pushing retirement, and the NextGenlawyers, with an increasing number of clients who need services.We may never get to retire. This is one reason why we here atDouble Hearsay rejoice in the Senior Lawyers who don’t act likethey are Senior. Those that bring a smile to your face the minuteyou see them acrossthe room becauseyou know they havesome wacky story toshare, or some adven-ture to relate. Takethese shoes forinstance, seen on alocal lawyer at arecent Linkin Parkconcert in Tacoma.

After taking in the loud rock concert (on a school night, no less),these shoes then went to an all-night friend chicken joint indowntown Olympia, finally rolling home at two a.m., then meet-ing with clients the next morning. The first to guess the shoes’owner gets a gift card to lunch at a local establishment of yourchoice. E-mail guesses to [email protected], and dosomething a little wacky to celebrate life (then tattle on yourfriends to Raisa with photographic evidence)!

David Gregerson is gearing up for his new elected office and hissoon-to-be old office mates are looking at a new configuration in2013! Quinn Posner will be coming in with Dean Langsdorf andLori Ferguson to fill David’s oversized shoes. Quinn receivedhis JD and MBA from Willamette University in 2001 and is aHusky! Quinn comes from his solo practice and some of usknow him best from his stint at the Clark County ProsecutingAttorney’s office. Quinn will be continuing his personal injurycase work and will pick up David’s landlord and real estate mat-ters, as well as perhaps a smattering of other things. Here’s to asmooth transition!

Speaking of Judges (retired), Judge Bennett is still available foryour cases that require mediation and arbitration. As lastreported here, Judge Bennett took on the job of Battle GroundMunicipal Judge, and is now doing his own thing on the solopractice front. Notwithstanding his abhorrence for self-promo-tion, Judge Bennett calls a spade a spade, so don’t forget himwhen you are deciding who would be a good choice to talk somesense into your client(s). Judge Bennett is housed with his bestbuddy Bill Baumgartner, at the Baumgartner, Nelson & Wagnerbuilding, 112 W. 11th Street, but the best way to reach him is bye-mail: [email protected].

So Judge Bennett’s former housemates, Jessica Dimitrov, JimSenescu and Chris Babich, have dried their tears at the Judge’sdeparture and are soldiering on with their new firm, Dimitrov,Senescu & Babich, PLLC. Chris Babich (aka “the Minion”) is

What CCBAMembers Are DoingAbout TownRAISA JUDICATAGuest Gossip Columnist

DOUBLE HEARSAY

Steve ended up the fan favorite!

to be bringing something in instead of continually paying some-thing out. I’m also really looking forward to helping people andstarting my career.”

There is, of course, a certain nostalgia that comes on days likethis. Despite the challenges they are ready to put behind them,and the futures they are eager to embrace, this day represents atime to say goodbye to many things they will miss. And for thesegraduates, they all seem to agree they will miss one thing-- theirlaw school friends. “They are all such good friends,” Laurelexplains. “I think I’ll really miss the community that was there.It’s such a different experience to go through law school. It’s thekind of thing that no one else would really understand alongwith everything you’ve gone through, except for your friendsthat have gone through it, too.”

Laurel (and her other 8 swearing-in cohorts) may have left acommunity of friends behind, but we believe they could nothave chosen a better community to come to. The Clark CountyBar Association hopes they will discover that same warmth,friendship, and sense of community that has become such a partof our organization here in Vancouver. Congratulations andwelcome to each of you!

Candidates in alphabetical order: Leslie Baze, Sarah StaufferCurtiss, John Farra, Alex Ferguson, Jamie Graves-Kautz, LauraJordan, Ryan Kroll, Marla Nelson, Laurel Yecny.

Special thanks to: Judge Rich Melnick, swearing in the candi-dates; Also attending, Judge John Nichols and Judge DanielStahnke; Representing the Clark County Bar Association, JohnFairgreive, immediate past president and Rick McLeod, trustee;Representing the Young Lawyers Section, Christie Martin, presi-dent, and Jeff Ott, social director; Representing the Family LawSection, Laura Mancuso, vice-president.

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MEDICAL MALPRACTICEWRONGFUL DEATHPERSONAL INJURY


HEARSAY PROFILE Laura MANCUSO

HOME: Oregon transplant to Washington. AGE: 43 PROFESSION: Attorney Extraordinaire. HOBBY: Whatever my children like. LAST BOOK READ: The Immortal Life of Henrietta Lacks, and lots of children books. LEGAL PHILISOPHY: Best answered over a long lunch. LATEST ACCOMPLISHMENT: Retiring after 26 years in the Air Force Re-serve. WHY I DO WHAT I DO: I like helping people and find the law endlessly fascinating. PROFILE: Attorney/Airman/Mother. A true Renaissance Woman. BEVERAGE OF CHOICE: Several cups of tea to cure month-long cough.

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

FAX this flyer to (360) 737-6891 with your BAR NUMBER _______________________________,

NAME _______________________________________ PHONE #__________________________,

and EMAIL (if you want to download the materials) ____________________________________.

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, WA from 1975 – 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.

Emily 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. Ben Shafton is an experienced litigator and transactional attorney who practices in diverse areas of business and commercial law. Mr. Shafton is available to assist clients in construction law, commercial law, corporate law, real estate law, professional licensing, insurance law, wills and trusts and business and real estate transactions. Mr. Shafton was a member of the Clark County Planning Commission from 1992 to 1996, and has been selected to Washington Super Lawyers for six years running. Mr. Shafton is a Fellow to the American College of Trial Lawyers. �

Steve Bush is a health care attorney at the Portland office of Schwabe, Williamson & Wyatt. With over ten years' experience in litigation, health care transactions and regulatory compliance, Mr. Bush has counseled numerous clients in complying with HIPAA, the 2009 federal HITECH Act and state law. He regularly conducts continuing education seminars on health care topics and mandatory reporting obligations for Oregon attorneys and health care providers throughout the Pacific Northwest. Mr. Bush is an adjunct professor at the National College of Natural Medicine in Portland and is also guest faculty at Oregon Health & Science University. He earned is law degree from the University of Southern California in

2001 and is licensed to practice law in Oregon, Washington and California. He was selected a Rising Star in health care law in 2009, 2011 and 2012 by Oregon Law & Politics magazine.

The Clark County Bar Association Presents a CLE:

~ ETHICS ~

Judge John Nichols and Attorneys Emily Sheldrick, Ben Shafton & Steve Bush

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was not -- and he makes no mention of "surplus value" or theasserted negative consequences of the application of freely heldcapital. However, he also joins Marx and Engels in challengingreligion –a central pretext for leveling charges of impiety againsthim, and which served as the excuse to impose the death penaltyfor his unpopular anti-democratic views.

From a personal standpoint, Socrates did participate in much ofAthenian life. He accepted military service and all reports sug-gest that he fought bravely at the battle of Potidaea (432 - 429B.C.) in which he reportedly saved the life of a famous Atheniangeneral, Alcibiades. In 406 B.C. he was a member of what canbe called the Athenian Senate. At that time, eight generals werebrought up on charges because of their conduct at the battle ofArginusae. He resisted the proposal that the fate of the eightgenerals should be decided by a single vote of the assembly. Thiswas fairly typical of Socrates; if the majority was for something –Socrates usually found himself on the other side – and thatseemed to suit him just fine.

As we know, Socrates founded a school and took in studentswhom he “corrupted” by exposing them to critical thinkingabout, among other things, the gods. Aristophanes wrote aremarkable set of highly enjoyable and irreverent comedies. Inhis play, The Clouds, he parodied Socrates’ school which hederided as a “Thinkery.” In that play the lead character decidesthat he wants to join Socrates’ “Thinkery” in order to learn howto beguile his creditors and avoid paying his just debts. Needlessto say, Aristophanes’ play reflected the current view of Socratesand his mischievous school. Greek comedies are probably ourbest insight into everyday life. Unlike the tragedies, the come-dies concentrate on depicting ordinary people engaging in

ordinary activities and using everyday speech – and, like Shake-speare, show bare restraint in the resort to bawdy humor. Thus,Socrates was roundly roasted in public before hundreds of Athe-nians in Aristophanes’ play, which helped seal his maverickreputation and certainly hurt in the long run. (Aristophanes'play is all the more remarkable because it, like Socrates, alsoquestions and even mocks the gods – but that only worked as amatter of artistic expression in Athenian life, and not as a matterof deliberate social and political thought.)

Life, as everyone knows, is always something of a popularity con-test. Socrates simply didn’t make friends easily, nor did he evertry – and for that, it is clear, he paid the ultimate price. Socrateswas unrepentant at his trial. Lenny Bruce couldn't have put on abetter front. In the face of the state's demand for the deathpenalty, Socrates whimsically countered that he be given freemeals for the rest of his life, an honor that was often bestowed onwinners of the Olympic games. He truly didn't give a rip whatanyone thought of him. (Go ahead and kill me and see if I care).A "democratic" jury of 500 Athenians heard his case, voted, andby a margin of 280 to 220, condemned him to death. Socratesprobably could have simply escaped after the trial and wouldhave been able to spend the remainder of his years in exile. Hedidn't try. At age 70, he willingly drank poison and ended it all.If there ever has been a Socratic Method, then it was uniquelyhis own. After swimming against the current for most of his life -he turned and deliberately let it drown him. In his unique way,this was the most Socratic comment that he ever could havemade about the mob that he never chose to respect.

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HEARSAY - NOVEMBER 2012 23 10 CLARK COUNTY BAR ASSOCIATION

The first day of law school, our Contracts professor stated thathe would teach through the “Socratic Method.” He told us thathe would ask all the questions -- and we were responsible for theanswers. He next proceeded to spend an inordinate amount oftime on “offer” and “acceptance", leaving nearly every other con-tract principle to the end of the course in a frenzied anddisorganized legal scrum that we had to sort out on our own. Itseems now that he ran out the clock on two elementary ideas --"offer" and "acceptance" -- in order to illustrate what a drillingexpedition law could be, then purposefully threw the class intothe deep end once he exposed us to the analytical infinity of thisso-called “Socratic Method.” Looking back on this experiencefrom the vantage of 35 years our professor's technique did notseem to have much in common with Socrates, nor was this "lopeand sprint" learning experience a “Socratic Method” of any kind.In fact, when someone invokes Socrates for their own purposes,this usually amounts to little more than a voguish exercise inname dropping -- a naked attempt to associate a name with someenterprise that now deserves more gravitas, only because it is"Socratic."

A current notion of Socrates is that he was somehow a break-through modern analyst, a liberator of ideas and a paragon ofcritical thinking. The traditional laudatory writers aboutSocrates pick and choose from his thinking (as presented byPlato and Xenophon) in identifying a Socratic ideal of analysis.But Socrates was far from anything we can recognize as "mod-ern". On the contrary, he was a fifth Century Greek and like anyphilosopher, no matter how remarkable, he was a captive of hisown time.

He forever posed as an outsider, even though in his own time hewas plainly one of the most famous -- if not infamous -- citizensof Athens. Despite all of the buzz he created - he usually didn'tcare what anyone thought and if he did, it was only to determinehow to craft a contrary view. I don't believe that may of uswould have particularly enjoyed Socrates' company. (Thinkback on the days that you had to suffer your oppositionalteenage children). Many of his ideas are anything but modernand viewed from our time, they are even entirely repugnant.Unlike shipbuilding or geometry, he did not believe that virtuecould be taught to most, and as a result, he considered democ-racy to be a terrible idea. Today we would certainly view this asa rather elitist, if not simply a wholly arrogant view, despite the

fact that Socrates surelyknew his fellow Atheni-ans better than we evercan. For Socrates, theexercise of power andjudgment belonged tothe elite few - not thecommon shipbuilder orgeometer. (I am alsoreminded of the Über-mensch elitism ofNietzsche who claimedthat the work of engi-neers and scientistsinvolves only “roughwork” and that onlyphilosophy holds thekey for capturingnuance and realinsight.)

Socrates had trouble making friends, but found no difficulty indrumming up enemies. At the time that Socrates was “dissing”democracy, the Athenians were just recovering from their mostrecent defeat in the Peloponnesian wars. They had lost their pre-cious democracy under the penalties imposed by Sparta andtheir allies – and had only recently regained their democraticrights after a rebellion. This newly recaptured right was nodeterrent to Socrates' intellectual campaign against democraticrule. Instead, he preached that power should be held and exer-cised by the few and, most specifically, by a “Philosopher King”who would be more virtuous and could rule better than anyunwashed democratic mob. Indeed, the dictatorship of the pro-letariat heralded by Marx and Engels is a brother thought and ashort step away from the notion of an absolute, "virtuous" ruler.Most Philosopher Kings, of course, have proven to be a burdenand “visionaries” have usually managed to create much of thehardship that mankind has had to endure (think Stalin, Hitler,Mao, Robespierre and Bonaparte to name a few).

Socrates also thought that the state should raise children sincehe believed that most parents were not competent in the task.Not unremarkably, so did the envisioned Communist state. Thisis not to say that Socrates was a nascent Communist -- he surely

DOUG FOLEYHearsay Special Correspondent

The Real SocratesMARK SAMPATHHearsay Special Correspondent

Sitting in my home, I am watching my New Orleans Saints foot-ball team lose yet another game. At that moment, both of mykids are taunting me for my poor choice in picking them as mynew favorite team. My son then tells me that he needs $2,000 togo build courts for impoverished kids in Jamaica during SpringBreak. My wife has just changed careers and returned to school,changing our financial situation. But I am lucky because myprior career as an investment banker has provided me somefinancial flexibility through which to handle these issues. Mindyou, I am not as rich as Don “this dog will hunt” Jacobs or Kurt“Courtroom Melee” Rylander, but I am okay.

Given my finance and business background, from an early age Iunderstood the value of planning for retirement early and wasable to control my financial future. But for most people, includ-ing attorneys, the area of investing and financial planning forretirement is a foreign or scary concept that they choose toignore. This area is especially important for small firm attorneysor sole practioners. They are not likely to be afforded the optionof a pension (who is these days) or some defined benefit planwhich includes matching contributions or the like. So itbecomes even more critical that solo or small firm attorneys planearly and often for their retirement. To provide more usefulinformation on some tips and advice for financial and invest-ment planning, I commandeered a friend of mine, a CertifiedFinancial Planner, John Horvath of Ameriprise Financial Serv-ices here in Vancouver, Washington. Here is what he told me.

Before we talk about a specific investment vehicle that attorneysshould consider, I thought it would be helpful to first go over afew retirement planning basics. A basic caveat for all of the fol-lowing questions is that these answers are only a general rule ofthumb. First, how much should an attorney save each year andhow does that change based on their age and size of family?Keep in mind that lifestyle habits and trends regarding con-sumption and spending do not generally change when youretire. The lifestyle you maintain now remains relatively stableeven after retirement. Younger people and those just starting toplan for retirement should be saving 10% of their income at aminimum; 15-20% is better. If you save less than this early on,you will need to save a bigger percentage of your income later in

life to catch up. This might be easier to accomplish as “emptynesters” because you will have less liabilities and costs as yourkids grow up and leave. However do not save based on this plan.

How much should they plan on having at retirement? Eachattorney needs to assess his or her lifestyle. Generally, havingenough money at retirement such that you can withdrawroughly 4% of your “nest egg” annually should prevent you fromoutliving your money assuming three caveats: modest allocationof your assets, your investments are not overly volatile such thatthey drop significantly, and inflation does not exceed 3% a year.An attorney should review all of his or her fixed income sourcesand expenses to determine what you need to make up.

What about diversifying a person’s investments and how shouldthat diversification, along with their relative investment aggres-siveness change depending on their age? Generally, the olderyou are, the more conservative you’re investing gets. But anattorney needs to avoid going too far with that conservatism.People are living longer so being too conservative may result inyou running out of money. An attorney needs to tier his or herinvestment risk and resulting allocation. Look at money youmight need in the first few years of retirement more conserva-tively, farther out with a bit more risk. This is called timediversification. Also consider tax diversification of your invest-ments. The general guidelines for mix in order to get properdiversity should be based on your “cash flow” or money neededin years 1-3 which should be in cash; money need in years 4-18,which should be in more fixed-income products; and years 19and longer which should be a mix of equities and stocks.

If you are a solo practioner, should that change your investmentstrategy and options? Not necessarily other than if that affordsyou the ability to save more than the percentages suggested ear-lier, you might consider creating a SEP IRA or defined benefitplan. But keep in mind that a defined benefit plan will carry addi-tional administrative costs that need to be considered. Howshould an attorney view retirement planning in terms of thelifestyle they want to live and balancing short term and long termgoals? An attorney needs to balance short term needs and wantswith long term retirement. Importantly, people often overlook

CCBA HEARSAY ARTICLE SERIES:

Small/Solo Legal Practice ManagementRetirement & Financial Planning


Mark your calendars!The 2013 Barristers’ Ball is coming!February 23, 2013 • Pearson Air Museum

and neglect to maintain a cash reserve. The rule of thumb is a per-son should always have 3-6 months of income or essentialexpenses put away before you focus on the long term goal ofinvesting for retirement. Finally, what is one thing that an attor-ney or anyone for that matter needs to remember throughoutthis process? People who make a good financial transition intoretirement usually do so as a result of doing a lot of boring thingswell over a long period of time. Avoid getting into debt; be agood saver; diversify; and invest both in good times and bad.

When a business owner, such as an attorney, considers a retire-ment plan, they typically have three questions: (1) How muchcan they save; (2) how much will they need to contribute for thebenefit of their employees; and (3) what is the cost and ease ofadministration. There are numerous retirement plans that maybe utilized by either small firm or solo attorneys. As there arepros / cons to all retirement plans, each attorney should consultwith their financial advisor and tax professional to determinewhich plan is best suited for their needs. These options are: SIM-PLE IRA, SEP IRA, 401(k), Individual (k), Profit Sharing, anddefined benefit plans.

Generally speaking though, with easy administration and littlepaperwork, the SIMPLE (Savings Incentive Match Plan forEmployees) IRA lives up to its name and may make the mostsense for small firm and solo attorneys. Some of the key benefitsare that it helps reduce taxes, has lower administrative costs, andhas reduced associated paperwork. Such an account is easy toopen and can be easily deducted from payroll if you are in astructure where the attorney is paid a salary. Additionally such aplan allows for the amounts that are set aside to benefit from taxdeferred growth. Such amounts vest immediately and mostimportantly, allow the attorney investment control and choice.

The maximum annual amount that an attorney can contributeunder such a plan for 2013 is $12,000. In addition, catch-upcontributions of up to $2,500 may be made by employees begin-ning in the year they turn 50. Each plan participant has controlover how their own SIMPLE IRA is managed. Investmentchoices may include stocks, bonds, mutual funds, annuities,managed accounts and other investments available in an IRA.

There are two ways to make the required annual contributionsto employee accounts. First a firm can do a dollar-for-dollarmatch for employees who elect salary deferrals (the match is 3%but may be reduced to as little as 1% in two out of any fiveyears). Alternately, a firm can make a 2% non-elective contribu-tion to all eligible employees, regardless of whether they haveelected salary deferrals. Again, employees are immediately 100%vested in both their own and employer contributions to the plan.The only cost for a SIMPLE IRA is typically the custodial chargewhich is paid by each participant. The amount is usually thesame as a Traditional / Roth IRA. The investment firm maywaive this charge once the account balance reaches a certainlevel. There are no additional administrative expenses requiredto maintain the plan.

The SIMPLE IRA is a great place for many small businesses tostart when considering a new retirement plan. Obviously, thisarticle is not intended to be a comprehensive treatise on finan-cial planning or investing for retirement. But the hope is that itprovides some information and starts to focus the small firm orsolo attorney on the importance of planning early for theirretirement. Next month, a bit about healthcare insurance.

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2012/13 Nuts & Bolts,FLS & CLE 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.

The Clark County Bar Association is pleased to announce its

Twenty-fourth Nuts and Bolts Lecture:

Negotiation Presented by Attorneys Richard Spier and Jane Clark

Wednesday, December 12th, 3:00 – 5:00 PM, at the Red Lion at the Quay �

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Oct. 3, 2012Board members in attendance: S. Clark (presiding); A. Dunn(preparing minutes); J. Clark; J. Fairgrieve; J. Sasser; R. McLeod. Staff in attendance: L. Darco.

1. S. Clark called the meeting to order at 12:07 PM.

2. Approval of minutes from September 5, 2012. On motionduly made and seconded, and passed, minutes are APPROVED.

3. Treasurer’s Report. Darco presented the report, commentingthat financial status is stable.

4. CCBA Membership. Darco reports there are currently 294members. 26 new members. Last year, 424 members total bythe end of the year, so membership is going well and on target.

5. Old Business.a. Move Kaiser account balance in general fund. Darco willprovide old statement and Fairgrieve/Clark will complete.

b. Mentorship Program: Fairgrieve reports that this project istaking time to develop, but going well. One concern is how toconduct training such as CLEs. Clark asked if there is a list ofinterested mentors. There are 8-10 mentor volunteers from Innsof Court interested. Additional mentors will be brought on asthe program is developed. Clark and Sasser- will we adoptrequirements? Yes, 3-5 years as a licensed attorney and nomisconduct. Clark: Can mentoring have CLE credits? Yes, maybe available. Maybe able to use state bar resources for that.Dunn suggested Oregon bar materials as that program is welldeveloped. Sasser volunteered for committee. Judge Melnickmay be interested as well. The Clarks suggested someone fromthe PI community.

c. SGAL: Dunn researched the concept of establishing a formalSGAL program modeled on the King and Snohomish Countymodels. Dunn and Sasser recommend having the SGALprogram monitored by the Courts as is done with other GALs.However, the Judges declined the proposal and do not want tomanage SGAL list. The Judges feel this is too formal. Sasser hadadditional ideas on asking what options might be available.Court administration handles other GAL lists. Sasser notes thatthis would not create any additional burden for the Judgesthemselves. McLeod signed up and did the training and wasadded to the Title 11 GAL list and said the process was easy.CCBA awaits response from Judge Johnson to Dunn on

clarification of Judges’ position and Sasser to report back afterspeaking with Judges.

d. Copy Machine: Darco- only heard from one company andnot the competitor. Should we ship old copier out? PacificOffice wants CCBA to sign another contract locking us in.CCBA will wait another month to get competitor’s response.

e. Remove John Fairgrieve and add Jane Clark to Account. This is being completed.

6. New Business.a. CCBA Job Opening - Kaitlin’s Position: S.Clark is all over it.She and Darco completed 3 interviews already today. Willinterview another today. Applicants are very high qualified.Concern is to find a person that will stick with the job. 2attorneys applied. Darco is trying to field calls for attorneyreferral program for continuity of the program.

CCBA Board Meeting MinutesARIN DUNNCCBA Secretary

2012-2013FAMILY LAW SECTION CALENDAR

Location: Tommy O's

$15.00 – Individual Lunch for CCBA Family Law Section Member $25.00 – Individual Lunch and CLE for CCBA Family Law Section Member $25.00 – Individual Lunch for Non-CCBA Family Law Section Member$35.00 – Individual Lunch and CLE for Non-CCBA Family Law Section Members

Please RSVP by sending your payment to our section’s Treasurer:Nathan Petersen, 1104 Main Street, Suite 640, Vancouver, WA 98660

CHUCK CORRIGAN


b. Awards: Fairgrieve: Weber (service to the community) andSimpson (service to profession) awards are not granted basedon original intent. Long term attorneys have commented thatWeber award was more about service to the profession.Simpson was more about service to the community. Discussionof possibly creating new award or recasting both awards.Blooper Award not always offered.

c. Membership Survey: Dunn is actively working on this andsolicited additional ideas to cover in the survey: website,barrister’s ball themes, continue charity auction, attorneydirectories, social events, cles, lawyer referrals, mentorship,hearsay (what kind of information, how should it be presented),CCBA list serv (exchange of ideas, need for attorney orexperience), how often should you be contacted by CCBA, etc.

d. Hearsay: Discussion of duties and ways to delegate some ofthe work. Hearsay committee members commented they didn’twant to do additional work and are busy already. Many of samepeople write articles every month. Mark Sampath will do a newseries of articles. Darco says she does a lot of the managementto meet the publishing deadlines. Darco also procures contentand manages many of the deadlines for Hearsay already, but notthe custom content. Rylander does the devil’s advocate andprofile in Hearsay. He doesn’t want a hard deadline until he hasall the material. Agreement that content is usually not timesensitive. Possible addition of new articles or other ideas forcontent. Agreement that we should be asking for content fromlocal members. Rylander agreed to a soft deadline of the first ofthe month, getting it to the publisher by the middle of themonth, and to publisher. Darco- she is in good shape for thenext issue.

e. CCBA Advertising: Dunn- mentioned MBA advertising blitzand asked if the CCBA should explore ways to make the CCBAmore competitive or provide more services or communicationsto prospective members. S.Clark- MBA is much bigger than usand our member pricing is comparable.

f. Courier Service: Darco is concerned that materials are notbeing distributed for weeks by ProServe, although price is$65/month. 6 weeks to deliver all directories. Vancouver LegalMessengers for $80. Darco – do we need a courier and can wechange it? Discussion of what is actually being sent. Onaverage, maybe 15 things a month. Dunn- does US Mail come?Yes, daily. Cost: 104 directories mailed $400 dollars. Sasser-US mail may be cheaper. S.Clark- when is next big mailing?January. Sasser, Clarks, and Dunn agree that Darco maycontinue ProServe now and do a cost comparison of ala cartepricing options.

g. Barrister’s Ball: Darco- meeting is scheduled in October. TheBar needs to select a non profit for the benefit recipient.Consideration of whether charity auction is a good idea tocontinue. Dunn- people bid money on the items, so thisparticipation seems to indicate that it is desired. Darco- hard toget donations. Discussion of distributing a competition forattorneys to procure the most donations. Discussion of how tostructure management of charity auction. Suggestion to askJosephine Townsend to help with charity procurement. Darcoto manage execution of charity auction itself.

There being no more business before the board, on motion dulymade, seconded, and passed, the board meeting isADJOURNED, 1:25 PM.

The family law section had their monthly meeting at Tommy O'sLounge on October 10th. Judge Gonzalez, Judge Rulli, andJudge Nichols provided a presentation on Evidence at Trial.They stated that there would be an added emphasis on the Rulesof Evidence in family law matters and they recommended allattorneys read and reread the Rules of Evidence. They specifi-cally discussed the proper form for admission of evidence attrial-- ER904s, Motions to Compel production of evidence andhearsay in declarations. They discussed attorney's professional

behavior (and the occasional lack thereof) in the family lawcourt and trial memorandums. It was a great meeting for youngand old lawyers and served as a forewarning that the Rules ofEvidence will be given a stronger emphasis in the future.

Please join us for our next meeting on November 14, 2012,when the Judicial Assistants will be holding a panel and dis-cussing the do's and dont's that can make their job and ourssmoother.

Family Law SectionNATHAN PETERSENHearsay Special Correspondent

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Sometimes the window to the heart and soul is through the legsand feet.

On October 6, 2012, Susan Arney, executive director of theClark County Volunteer Lawyers Program raised over $3,800for the VLP by converting her dream of a 65th birthday chal-lenge into an excuse to solicit sponsorships to fund programoperations.

Arney completed the Portland Marathon in 11 hours. That’s26.2 grueling miles, beginning and ending in downtown Port-land, step-by-New Balance-clad step. She decided in January tostart an eight month training regimen to be ready for the annualspectacle, which generates over 6,500 finishers. She found andjoined a training group, Women Walk the Marathon, in June,gaining strength and endurance with each passing week until the

target date.“It’s a huge commitment oftime,” she said. “I was tiredfor a full week afterward.”

“Winning” the race was obvi-ously not the goal, nor wasthe finish time. In fact, shefound herself in a group offellow tail-end walkers whowere in danger of disqualifi-cation as they walked the St.Helens highway northwardtoward the St. Johns Bridge.Race officials were trying todisband their aid stationsalong the course, and the Portland Police were concerned aboutpedestrian safety on a high speed highway which lacks a wideshoulder. The compromise—a short ride for Arney and twocohorts in the police cruiser to the St. Johns Bridge.

The biggest revelation for her? “It’s harder than I expected, althoughthe 2nd half was easier.” Hmmm…. endorphins, perhaps?

Arney reached out to friends in the legal community and gained55 sponsors who pledged per mile. She now wants to continuethe idea annually every fall as a VLP fundraiser, except with VLPboard members conscripted into the duty on a rotating basis. The next challenge on her personal bucket list? She says intendsto wait until 70th birthday to choose…

Arney goes the distance for VLPYoung Lawyers Section

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Andy Nygard, CFP®, AAMS®Financial Advisor.

404 E 15th St Ste 4Vancouver, WA 98663360-695-6431

Member SIPC

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Suzan Clark, the current president of the CCBA and John Fair-grieve, the CCBA’s immediate past president, are bothcommittee members. They discussed with Judges Lewis andNichols how a SGAL list might be established and maintainedby the CCBA. They told the committee that they now had a bet-ter understanding of the issue and would discuss it with theCCBA board and report back to the committee.

2. Courthouse Internet access for indigent defense contractors: AnnChristian announced that all attorneys who have indigent defensecontracts will soon have access to the Internet in the courthouse,juvenile building and the family law annex. Attorneys providingindigent defense services who do not currently have access shouldcontact Ann to sign up an account and get a password.

3. Mock Trial: The 2013 Mock Trial district tournament willtake place on February 27 and 28, 2013. The state tournamentwill follow on March 22-24. This year’s case will be released onOctober 20 and is titled “The Last Ferry”. The case involves analleged plot to take explosives on a ferry.

If you are interested in supporting the Mock Trial programJudge Lewis suggests that you contact an existing Mock Trialteam to see if they need assistance or contact him directly.

4. Criminal readiness docket: Judge Lewis reported that thereare 112 items on the readiness docket for November 1. He againurged attorneys with items on the docket to try to resolve themas soon as possible.

5. Drug Court status: Judge Nichols reported that there are currently155 Drug Court participants of whom 42-45 are in the residentialDOSA program and the balance are in regular Drug Court.

6. Next Bench Bar committee meeting: The committee will meetnext on Tuesday, November 13, 2012 at noon in Judge Nichols’jury room.

Respectfully submitted,John Fairgrieve

Do you have a memorable photo from a CCBA event - Barrister's Ball, Golf Tournament, Softball game? We are searching for pictures of CCBA events for a very special presentation

at this year's Barrister's Ball! Send us the good, the bad and especially the fabulous so we can feature them in our presentation! Send all submissions to the CCBA office!

Ad space is still available!

2013 CCBAMEMBERSHIPDIRECTORY

It’s not too late to advertise,or refer a colleague who can

benefit from year-long exposure that the CCBA

directory provides.

RESERVE YOUR SPACE BYDECEMBER 1ST


360-695-5975

CLARK COUNTY SUPERIOR COURT BENCH/BAR

MEETING MINUTESOCTOBER 9, 2012

The meeting began shortly after noon. Persons present were JudgeRobert Lewis, Judge John Nichols, Ann Christian, Suzan Clark,Jolene Sell, Todd George, Curtis Welch and John Fairgrieve.

OLD BUSINESS:1. Indigent Defense Standards: The meeting began with a dis-cussion of a letter sent by attorney Jeff Sowder in his capacity aspresident of the criminal defense bar to Suzan Clark as chair ofthe committee. In his letter Jeff proposes amending the “ClarkCounty Bar Association indigent defense standards”. The com-mittee proceeded under the assumption that Jeff was referring tothe Clark County Superior Court Indigent-Defense Standards(Standards) drafted by a sub-committee of this committee in2002 and adopted by the Clark County Board of Commission-ers with an effective date of January 1, 2003. Ann Christian hadprovided the members of the committee with an electronic copyof the Standards prior to the meeting.

In general, Jeff requests that two areas of the Standards be modified.The first would require that classes taken to satisfy the yearly CLErequirement be applicable to Washington state law. The secondwould modify the experience requirements found in StandardEleven, Paragraph 2(B) to require that all minimum prior experi-ence be satisfied by experience obtained in the State of Washington.His letter closes by asking the committee to propose his recommen-dations to the Clark County Commissioners for adoption.

Applications for indigent defense contracts covering the two-year period January 1, 2013 to December 31, 2014 are due onNovember 2, 2012 and will be awarded by December 4, 2012.The requirements of the contracts are based on the Standardsadopted on January 1, 2003, the WSBA Indigent Defense Stan-dards and those Supreme Court Indigent Defense Standardsthat were effective October 1, 2012. Ann Christian indicatedshe will be convening a work group this coming Spring todevelop caseweighting and other changes necessitated by therecently adopted Supreme Court Indigent Defense Standardsthat are effective September 1, 2013.

The consensus of the committee was that there is not sufficienttime between now and November 2 to discuss the changes pro-posed by Jeff, modify the current Standards, have them adoptedby the Board of Commissioners, and make them available withenough time for the January 1, 2013 start-date of contracts..John Fairgrieve moved that action on Jeff’s request be post-poned until the spring of 2013 when a sub-committee would beformed to discuss changes in the Standards to bring them up todate and to insure they comply with the new standards promul-gated by the Washington Supreme Court. The motion passedwithout opposition.

NEW BUSINESS 1. Settlement Guardian Ad Litems (SGALs) Judge Lewis toldthe committee that fairly frequently minors become entitled to asettlement of some sort. Historically in Clark County one of theparties asks a local attorney to act as a SGAL to review the pro-posed settlement and to recommend to the court whether thesettlement should be accepted or not. A problem occurs whenthe attorneys representing the parties are from out of town. Theseattorneys frequently contact the court to ask that a local SGAL beappointed by the court to review the proposed settlement. Cur-rently the superior court does not have a list of qualified attorneyswho are willing to accept appointments as SGALs.

A short time ago Judge Johnson contacted the Clark County BarAssociation (CCBA) to see if the CCBA would be willing toestablish a list of attorneys who would be willing to serve asSGALs. After some discussion and communication between thesuperior court and the CCBA it did not appear that either entitywanted to create and maintain a SGAL list.

However, Judge Nichols explained to the committee that what thecourt simply needed was a list of interested attorneys who wereaware of the qualifications to be a SGAL, had those qualifications,and were interested in being appointed. The list would need toupdated periodically but would not be onerous to maintain.

JOHN FAIRGRIEVEHearsay Special Correspondent

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


Suzan Clark, the current president of the CCBA and John Fair-grieve, the CCBA’s immediate past president, are bothcommittee members. They discussed with Judges Lewis andNichols how a SGAL list might be established and maintainedby the CCBA. They told the committee that they now had a bet-ter understanding of the issue and would discuss it with theCCBA board and report back to the committee.

2. Courthouse Internet access for indigent defense contractors: AnnChristian announced that all attorneys who have indigent defensecontracts will soon have access to the Internet in the courthouse,juvenile building and the family law annex. Attorneys providingindigent defense services who do not currently have access shouldcontact Ann to sign up an account and get a password.

3. Mock Trial: The 2013 Mock Trial district tournament willtake place on February 27 and 28, 2013. The state tournamentwill follow on March 22-24. This year’s case will be released onOctober 20 and is titled “The Last Ferry”. The case involves analleged plot to take explosives on a ferry.

If you are interested in supporting the Mock Trial programJudge Lewis suggests that you contact an existing Mock Trialteam to see if they need assistance or contact him directly.

4. Criminal readiness docket: Judge Lewis reported that thereare 112 items on the readiness docket for November 1. He againurged attorneys with items on the docket to try to resolve themas soon as possible.

5. Drug Court status: Judge Nichols reported that there are currently155 Drug Court participants of whom 42-45 are in the residentialDOSA program and the balance are in regular Drug Court.

6. Next Bench Bar committee meeting: The committee will meetnext on Tuesday, November 13, 2012 at noon in Judge Nichols’jury room.

Respectfully submitted,John Fairgrieve

Do you have a memorable photo from a CCBA event - Barrister's Ball, Golf Tournament, Softball game? We are searching for pictures of CCBA events for a very special presentation

at this year's Barrister's Ball! Send us the good, the bad and especially the fabulous so we can feature them in our presentation! Send all submissions to the CCBA office!

Ad space is still available!

2013 CCBAMEMBERSHIPDIRECTORY

It’s not too late to advertise,or refer a colleague who can

benefit from year-long exposure that the CCBA

directory provides.

RESERVE YOUR SPACE BYDECEMBER 1ST


360-695-5975

CLARK COUNTY SUPERIOR COURT BENCH/BAR

MEETING MINUTESOCTOBER 9, 2012

The meeting began shortly after noon. Persons present were JudgeRobert Lewis, Judge John Nichols, Ann Christian, Suzan Clark,Jolene Sell, Todd George, Curtis Welch and John Fairgrieve.

OLD BUSINESS:1. Indigent Defense Standards: The meeting began with a dis-

cussion of a letter sent by attorney Jeff Sowder in his capacity aspresident of the criminal defense bar to Suzan Clark as chair ofthe committee. In his letter Jeff proposes amending the “ClarkCounty Bar Association indigent defense standards”. The com-mittee proceeded under the assumption that Jeff was referring tothe Clark County Superior Court Indigent-Defense Standards(Standards) drafted by a sub-committee of this committee in2002 and adopted by the Clark County Board of Commission-ers with an effective date of January 1, 2003. Ann Christian hadprovided the members of the committee with an electronic copyof the Standards prior to the meeting.

In general, Jeff requests that two areas of the Standards be modified.The first would require that classes taken to satisfy the yearly CLErequirement be applicable to Washington state law. The secondwould modify the experience requirements found in StandardEleven, Paragraph 2(B) to require that all minimum prior experi-ence be satisfied by experience obtained in the State of Washington.His letter closes by asking the committee to propose his recommen-dations to the Clark County Commissioners for adoption.

Applications for indigent defense contracts covering the two-year period January 1, 2013 to December 31, 2014 are due onNovember 2, 2012 and will be awarded by December 4, 2012.The requirements of the contracts are based on the Standardsadopted on January 1, 2003, the WSBA Indigent Defense Stan-dards and those Supreme Court Indigent Defense Standardsthat were effective October 1, 2012. Ann Christian indicatedshe will be convening a work group this coming Spring todevelop caseweighting and other changes necessitated by therecently adopted Supreme Court Indigent Defense Standardsthat are effective September 1, 2013.

The consensus of the committee was that there is not sufficienttime between now and November 2 to discuss the changes pro-posed by Jeff, modify the current Standards, have them adoptedby the Board of Commissioners, and make them available withenough time for the January 1, 2013 start-date of contracts..John Fairgrieve moved that action on Jeff’s request be post-poned until the spring of 2013 when a sub-committee would beformed to discuss changes in the Standards to bring them up todate and to insure they comply with the new standards promul-gated by the Washington Supreme Court. The motion passedwithout opposition.

NEW BUSINESS 1. Settlement Guardian Ad Litems (SGALs) Judge Lewis toldthe committee that fairly frequently minors become entitled to asettlement of some sort. Historically in Clark County one of theparties asks a local attorney to act as a SGAL to review the pro-posed settlement and to recommend to the court whether thesettlement should be accepted or not. A problem occurs whenthe attorneys representing the parties are from out of town. Theseattorneys frequently contact the court to ask that a local SGAL beappointed by the court to review the proposed settlement. Cur-rently the superior court does not have a list of qualified attorneyswho are willing to accept appointments as SGALs.

A short time ago Judge Johnson contacted the Clark County BarAssociation (CCBA) to see if the CCBA would be willing toestablish a list of attorneys who would be willing to serve asSGALs. After some discussion and communication between thesuperior court and the CCBA it did not appear that either entitywanted to create and maintain a SGAL list.

However, Judge Nichols explained to the committee that what thecourt simply needed was a list of interested attorneys who wereaware of the qualifications to be a SGAL, had those qualifications,and were interested in being appointed. The list would need toupdated periodically but would not be onerous to maintain.

JOHN FAIRGRIEVEHearsay Special Correspondent

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


Sometimes the window to the heart and soul is through the legsand feet.

On October 6, 2012, Susan Arney, executive director of theClark County Volunteer Lawyers Program raised over $3,800for the VLP by converting her dream of a 65th birthday chal-lenge into an excuse to solicit sponsorships to fund programoperations.

Arney completed the Portland Marathon in 11 hours. That’s26.2 grueling miles, beginning and ending in downtown Port-land, step-by-New Balance-clad step. She decided in January tostart an eight month training regimen to be ready for the annualspectacle, which generates over 6,500 finishers. She found andjoined a training group, Women Walk the Marathon, in June,gaining strength and endurance with each passing week until the

target date.“It’s a huge commitment oftime,” she said. “I was tiredfor a full week afterward.”

“Winning” the race was obvi-ously not the goal, nor wasthe finish time. In fact, shefound herself in a group offellow tail-end walkers whowere in danger of disqualifi-cation as they walked the St.Helens highway northwardtoward the St. Johns Bridge.Race officials were trying todisband their aid stationsalong the course, and the Portland Police were concerned aboutpedestrian safety on a high speed highway which lacks a wideshoulder. The compromise—a short ride for Arney and twocohorts in the police cruiser to the St. Johns Bridge.

The biggest revelation for her? “It’s harder than I expected, althoughthe 2nd half was easier.” Hmmm…. endorphins, perhaps?

Arney reached out to friends in the legal community and gained55 sponsors who pledged per mile. She now wants to continuethe idea annually every fall as a VLP fundraiser, except with VLPboard members conscripted into the duty on a rotating basis. The next challenge on her personal bucket list? She says intendsto wait until 70th birthday to choose…

Arney goes the distance for VLPYoung Lawyers Section

LOCATION LOCATION LOCATION

Sole practitioner looking for small executive suite office space?Would you like to be across the street from the Clark County

Courthouse? Here is the perfect location for you! One year lease includes: Reception/waiting area for clients,

free conference room use, copy machine availability, faxmachine availability, separate 7 x 10 storage space available for

lease, kitchen/break room. Utilities and janitorial included.

Contact Teresa at 360.693.4111

DAVID GREGERSONHearsay Special CorrespondentCHRISTIE MARTIN

YLS President

www.edwardjones.com

Financial strategies.One-on-one advice.

Andy Nygard, CFP®, AAMS®Financial Advisor.

404 E 15th St Ste 4Vancouver, WA 98663360-695-6431

Member SIPC

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b. Awards: Fairgrieve: Weber (service to the community) andSimpson (service to profession) awards are not granted basedon original intent. Long term attorneys have commented thatWeber award was more about service to the profession.Simpson was more about service to the community. Discussionof possibly creating new award or recasting both awards.Blooper Award not always offered.

c. Membership Survey: Dunn is actively working on this andsolicited additional ideas to cover in the survey: website,barrister’s ball themes, continue charity auction, attorneydirectories, social events, cles, lawyer referrals, mentorship,hearsay (what kind of information, how should it be presented),CCBA list serv (exchange of ideas, need for attorney orexperience), how often should you be contacted by CCBA, etc.

d. Hearsay: Discussion of duties and ways to delegate some ofthe work. Hearsay committee members commented they didn’twant to do additional work and are busy already. Many of samepeople write articles every month. Mark Sampath will do a newseries of articles. Darco says she does a lot of the managementto meet the publishing deadlines. Darco also procures contentand manages many of the deadlines for Hearsay already, but notthe custom content. Rylander does the devil’s advocate andprofile in Hearsay. He doesn’t want a hard deadline until he hasall the material. Agreement that content is usually not timesensitive. Possible addition of new articles or other ideas forcontent. Agreement that we should be asking for content fromlocal members. Rylander agreed to a soft deadline of the first ofthe month, getting it to the publisher by the middle of themonth, and to publisher. Darco- she is in good shape for thenext issue.

e. CCBA Advertising: Dunn- mentioned MBA advertising blitzand asked if the CCBA should explore ways to make the CCBAmore competitive or provide more services or communicationsto prospective members. S.Clark- MBA is much bigger than usand our member pricing is comparable.

f. Courier Service: Darco is concerned that materials are notbeing distributed for weeks by ProServe, although price is$65/month. 6 weeks to deliver all directories. Vancouver LegalMessengers for $80. Darco – do we need a courier and can wechange it? Discussion of what is actually being sent. Onaverage, maybe 15 things a month. Dunn- does US Mail come?Yes, daily. Cost: 104 directories mailed $400 dollars. Sasser-US mail may be cheaper. S.Clark- when is next big mailing?January. Sasser, Clarks, and Dunn agree that Darco maycontinue ProServe now and do a cost comparison of ala cartepricing options.

g. Barrister’s Ball: Darco- meeting is scheduled in October. TheBar needs to select a non profit for the benefit recipient.Consideration of whether charity auction is a good idea tocontinue. Dunn- people bid money on the items, so thisparticipation seems to indicate that it is desired. Darco- hard toget donations. Discussion of distributing a competition forattorneys to procure the most donations. Discussion of how tostructure management of charity auction. Suggestion to askJosephine Townsend to help with charity procurement. Darcoto manage execution of charity auction itself.

There being no more business before the board, on motion dulymade, seconded, and passed, the board meeting isADJOURNED, 1:25 PM.

The family law section had their monthly meeting at Tommy O'sLounge on October 10th. Judge Gonzalez, Judge Rulli, andJudge Nichols provided a presentation on Evidence at Trial.They stated that there would be an added emphasis on the Rulesof Evidence in family law matters and they recommended allattorneys read and reread the Rules of Evidence. They specifi-cally discussed the proper form for admission of evidence attrial-- ER904s, Motions to Compel production of evidence andhearsay in declarations. They discussed attorney's professional

behavior (and the occasional lack thereof) in the family lawcourt and trial memorandums. It was a great meeting for youngand old lawyers and served as a forewarning that the Rules ofEvidence will be given a stronger emphasis in the future.

Please join us for our next meeting on November 14, 2012,when the Judicial Assistants will be holding a panel and dis-cussing the do's and dont's that can make their job and ourssmoother.

Family Law SectionNATHAN PETERSENHearsay Special Correspondent

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Oct. 3, 2012Board members in attendance: S. Clark (presiding); A. Dunn(preparing minutes); J. Clark; J. Fairgrieve; J. Sasser; R. McLeod. Staff in attendance: L. Darco.

1. S. Clark called the meeting to order at 12:07 PM.

2. Approval of minutes from September 5, 2012. On motionduly made and seconded, and passed, minutes are APPROVED.

3. Treasurer’s Report. Darco presented the report, commentingthat financial status is stable.

4. CCBA Membership. Darco reports there are currently 294members. 26 new members. Last year, 424 members total bythe end of the year, so membership is going well and on target.

5. Old Business.a. Move Kaiser account balance in general fund. Darco willprovide old statement and Fairgrieve/Clark will complete.

b. Mentorship Program: Fairgrieve reports that this project istaking time to develop, but going well. One concern is how toconduct training such as CLEs. Clark asked if there is a list ofinterested mentors. There are 8-10 mentor volunteers from Innsof Court interested. Additional mentors will be brought on asthe program is developed. Clark and Sasser- will we adoptrequirements? Yes, 3-5 years as a licensed attorney and nomisconduct. Clark: Can mentoring have CLE credits? Yes, maybe available. Maybe able to use state bar resources for that.Dunn suggested Oregon bar materials as that program is welldeveloped. Sasser volunteered for committee. Judge Melnickmay be interested as well. The Clarks suggested someone fromthe PI community.

c. SGAL: Dunn researched the concept of establishing a formalSGAL program modeled on the King and Snohomish Countymodels. Dunn and Sasser recommend having the SGALprogram monitored by the Courts as is done with other GALs.However, the Judges declined the proposal and do not want tomanage SGAL list. The Judges feel this is too formal. Sasser hadadditional ideas on asking what options might be available.Court administration handles other GAL lists. Sasser notes thatthis would not create any additional burden for the Judgesthemselves. McLeod signed up and did the training and wasadded to the Title 11 GAL list and said the process was easy.CCBA awaits response from Judge Johnson to Dunn on

clarification of Judges’ position and Sasser to report back afterspeaking with Judges.

d. Copy Machine: Darco- only heard from one company andnot the competitor. Should we ship old copier out? PacificOffice wants CCBA to sign another contract locking us in.CCBA will wait another month to get competitor’s response.

e. Remove John Fairgrieve and add Jane Clark to Account. This is being completed.

6. New Business.a. CCBA Job Opening - Kaitlin’s Position: S.Clark is all over it.She and Darco completed 3 interviews already today. Willinterview another today. Applicants are very high qualified.Concern is to find a person that will stick with the job. 2attorneys applied. Darco is trying to field calls for attorneyreferral program for continuity of the program.

CCBA Board Meeting MinutesARIN DUNNCCBA Secretary

2012-2013FAMILY LAW SECTION CALENDAR

Location: Tommy O's

$15.00 – Individual Lunch for CCBA Family Law Section Member $25.00 – Individual Lunch and CLE for CCBA Family Law Section Member $25.00 – Individual Lunch for Non-CCBA Family Law Section Member$35.00 – Individual Lunch and CLE for Non-CCBA Family Law Section Members

Please RSVP by sending your payment to our section’s Treasurer:Nathan Petersen, 1104 Main Street, Suite 640, Vancouver, WA 98660

CHUCK CORRIGAN


2012/13 Nuts & Bolts,FLS & CLE 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.

The Clark County Bar Association is pleased to announce its

Twenty-fourth Nuts and Bolts Lecture:

Negotiation Presented by Attorneys Richard Spier and Jane Clark

Wednesday, December 12th, 3:00 – 5:00 PM, at the Red Lion at the Quay �

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Mark your calendars!The 2013 Barristers’ Ball is coming!February 23, 2013 • Pearson Air Museum

and neglect to maintain a cash reserve. The rule of thumb is a per-son should always have 3-6 months of income or essentialexpenses put away before you focus on the long term goal ofinvesting for retirement. Finally, what is one thing that an attor-ney or anyone for that matter needs to remember throughoutthis process? People who make a good financial transition intoretirement usually do so as a result of doing a lot of boring thingswell over a long period of time. Avoid getting into debt; be agood saver; diversify; and invest both in good times and bad.

When a business owner, such as an attorney, considers a retire-ment plan, they typically have three questions: (1) How muchcan they save; (2) how much will they need to contribute for thebenefit of their employees; and (3) what is the cost and ease ofadministration. There are numerous retirement plans that maybe utilized by either small firm or solo attorneys. As there arepros / cons to all retirement plans, each attorney should consultwith their financial advisor and tax professional to determinewhich plan is best suited for their needs. These options are: SIM-PLE IRA, SEP IRA, 401(k), Individual (k), Profit Sharing, anddefined benefit plans.

Generally speaking though, with easy administration and littlepaperwork, the SIMPLE (Savings Incentive Match Plan forEmployees) IRA lives up to its name and may make the mostsense for small firm and solo attorneys. Some of the key benefitsare that it helps reduce taxes, has lower administrative costs, andhas reduced associated paperwork. Such an account is easy toopen and can be easily deducted from payroll if you are in astructure where the attorney is paid a salary. Additionally such aplan allows for the amounts that are set aside to benefit from taxdeferred growth. Such amounts vest immediately and mostimportantly, allow the attorney investment control and choice.

The maximum annual amount that an attorney can contributeunder such a plan for 2013 is $12,000. In addition, catch-upcontributions of up to $2,500 may be made by employees begin-ning in the year they turn 50. Each plan participant has controlover how their own SIMPLE IRA is managed. Investmentchoices may include stocks, bonds, mutual funds, annuities,managed accounts and other investments available in an IRA.

There are two ways to make the required annual contributionsto employee accounts. First a firm can do a dollar-for-dollarmatch for employees who elect salary deferrals (the match is 3%but may be reduced [A2] as little as 1% in two out of any fiveyears). Alternately, a firm can make[A3] 2% non-elective con-tribution to all eligible employees, regardless of whether theyhave elected salary deferrals. Again, employees are immediately100% vested in both their own and employer contributions tothe plan. The only cost for a SIMPLE IRA is typically the custo-dial charge which is paid by each participant. The amount isusually the same as a Traditional / Roth IRA. The investmentfirm may waive this charge once the account balance reaches acertain level. There are no additional administrative expensesrequired to maintain the plan.

The SIMPLE IRA is a great place for many small businesses tostart when considering a new retirement plan. Obviously, thisarticle is not intended to be a comprehensive treatise on finan-cial planning or investing for retirement. But the hope is that itprovides some information and starts to focus the small firm orsolo attorney on the importance of planning early for theirretirement. Next month, a bit about healthcare insurance.

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HEARSAY - NOVEMBER 2012 23 10 CLARK COUNTY BAR ASSOCIATION

The first day of law school, our Contracts professor stated thathe would teach through the “Socratic Method.” He told us thathe would ask all the questions -- and we were responsible for theanswers. He next proceeded to spend an inordinate amount oftime on “offer” and “acceptance", leaving nearly every other con-tract principle to the end of the course in a frenzied anddisorganized legal scrum that we had to sort out on our own. Itseems now that he ran out the clock on two elementary ideas --"offer" and "acceptance" -- in order to illustrate what a drillingexpedition law could be, then purposefully threw the class intothe deep end once he exposed us to the analytical infinity of thisso-called “Socratic Method.” Looking back on this experiencefrom the vantage of 35 years our professor's technique did notseem to have much in common with Socrates, nor was this "lopeand sprint" learning experience a “Socratic Method” of any kind.In fact, when someone invokes Socrates for their own purposes,this usually amounts to little more than a voguish exercise inname dropping -- a naked attempt to associate a name with someenterprise that now deserves more gravitas, only because it is"Socratic."

A current notion of Socrates is that he was somehow a break-through modern analyst, a liberator of ideas and a paragon ofcritical thinking. The traditional laudatory writers aboutSocrates pick and choose from his thinking (as presented byPlato and Xenophon) in identifying a Socratic ideal of analysis.But Socrates was far from anything we can recognize as "mod-ern". On the contrary, he was a fifth Century Greek and like anyphilosopher, no matter how remarkable, he was a captive of hisown time.

He forever posed as an outsider, even though in his own time hewas plainly one of the most famous -- if not infamous -- citizensof Athens. Despite all of the buzz he created - he usually didn'tcare what anyone thought and if he did, it was only to determinehow to craft a contrary view. I don't believe that may of uswould have particularly enjoyed Socrates' company. (Thinkback on the days that you had to suffer your oppositionalteenage children). Many of his ideas are anything but modernand viewed from our time, they are even entirely repugnant.Unlike shipbuilding or geometry, he did not believe that virtuecould be taught to most, and as a result, he considered democ-racy to be a terrible idea. Today we would certainly view this asa rather elitist, if not simply a wholly arrogant view, despite the

fact that Socrates surelyknew his fellow Atheni-ans better than we evercan. For Socrates, theexercise of power andjudgment belonged tothe elite few - not thecommon shipbuilder orgeometer. (I am alsoreminded of the Über-mensch elitism ofNietzsche who claimedthat the work of engi-neers and scientistsinvolves only “roughwork” and that onlyphilosophy holds thekey for capturingnuance and realinsight.)

Socrates had trouble making friends, but found no difficulty indrumming up enemies. At the time that Socrates was “dissing”democracy, the Athenians were just recovering from their mostrecent defeat in the Peloponnesian wars. They had lost their pre-cious democracy under the penalties imposed by Sparta andtheir allies – and had only recently regained their democraticrights after a rebellion. This newly recaptured right was nodeterrent to Socrates' intellectual campaign against democraticrule. Instead, he preached that power should be held and exer-cised by the few and, most specifically, by a “Philosopher King”who would be more virtuous and could rule better than anyunwashed democratic mob. Indeed, the dictatorship of the pro-letariat heralded by Marx and Engels is a brother thought and ashort step away from the notion of an absolute, "virtuous" ruler.Most Philosopher Kings, of course, have proven to be a burdenand “visionaries” have usually managed to create much of thehardship that mankind has had to endure (think Stalin, Hitler,Mao, Robespierre and Bonaparte to name a few).

Socrates also thought that the state should raise children sincehe believed that most parents were not competent in the task.Not unremarkably, so did the envisioned Communist state. Thisis not to say that Socrates was a nascent Communist -- he surely

DOUG FOLEYHearsay Special Correspondent

The Real SocratesMARK SAMPATHHearsay Special Correspondent

Sitting in my home, I am watching my New Orleans Saints foot-ball team lose yet another game. At that moment, both of mykids are taunting me for my poor choice in picking them as mynew favorite team. My son then tells me that he needs $2,000 togo build courts for impoverished kids in Jamaica during SpringBreak. My wife has just changed careers and returned to school,changing our financial situation. But I am lucky because myprior career as an investment banker has provided me somefinancial flexibility through which to handle these issues. Mindyou, I am not as rich as Don “this dog will hunt” Jacobs or Kurt“Courtroom Melee” Rylander, but I am okay.

Given my finance and business background, from an early age Iunderstood the value of planning for retirement early and wasable to control my financial future. But for most people, includ-ing attorneys, the area of investing and financial planning forretirement is a foreign or scary concept that they choose toignore. This area is especially important for small firm attorneysor sole practioners. They are not likely to be afforded the optionof a pension (who is these days) or some defined benefit planwhich includes matching contributions or the like. So itbecomes even more critical that solo or small firm attorneys planearly and often for their retirement. To provide more usefulinformation on some tips and advice for financial and invest-ment planning, I commandeered a friend of mine, a CertifiedFinancial Planner, John Horvath of Ameriprise Financial Serv-ices here in Vancouver, Washington. Here is what he told me.

Before we talk about a specific investment vehicle that attorneysshould consider, I thought it would be helpful to first go over afew retirement planning basics. A basic caveat for all of the fol-lowing questions is that these answers are only a general rule ofthumb. First, how much should an attorney save each year andhow does that change based on their age and size of family?Keep in mind that lifestyle habits and trends regarding con-sumption and spending do not generally change when youretire. The lifestyle you maintain now remains relatively stableeven after retirement. Younger people and those just starting toplan for retirement should be saving 10% of their income at aminimum; 15-20% is better. If you save less than this early on,you will need to save a bigger percentage of your income later in

life to catch up. This might be easier to accomplish as “emptynesters” because you will have less liabilities and costs as yourkids grow up and leave. However do not save based on this plan.

How much should they plan on having at retirement? Eachattorney needs to assess his or her lifestyle. Generally, havingenough money at retirement such that you can withdrawroughly 4% of your “nest egg” annually should prevent you fromoutliving your money assuming three caveats: modest allocationof your assets, your investments are not overly volatile such thatthey drop significantly, and inflation does not exceed 3% a year.An attorney should review all of his or her fixed income sourcesand expenses to determine what you need to make up.

What about diversifying a person’s investments and how shouldthat diversification, along with their relative investment aggres-siveness change depending on their age? Generally, the olderyou are, the more conservative you’re investing gets. But anattorney needs to avoid going too far with that conservatism.People are living longer so being too conservative may result inyou running out of money. An attorney needs to tier his or herinvestment risk and resulting allocation. Look at money youmight need in the first few years of retirement more conserva-tively, farther out with a bit more risk. This is called timediversification. Also consider tax diversification of your invest-ments. The general guidelines for mix in order to get properdiversity should be based on your “cash flow” or money neededin years 1-3 which should be in cash; money need in years 4-18,which should be in more fixed-income products; and years 19and longer which should be a mix of equities and stocks.

If you are a solo practioner[A1] , should that change your invest-ment strategy and options? Not necessarily other than if thataffords you the ability to save more than the percentages sug-gested earlier, you might consider creating a SEP IRA or definedbenefit plan. But keep in mind that a defined benefit plan willcarry additional administrative costs that need to be considered.How should an attorney view retirement planning in terms of thelifestyle they want to live and balancing short term and long termgoals? An attorney needs to balance short term needs and wantswith long term retirement. Importantly, people often overlook

CCBA HEARSAY ARTICLE SERIES:

Small/Solo Legal Practice ManagementRetirement & Financial Planning


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was not -- and he makes no mention of "surplus value" or theasserted negative consequences of the application of freely heldcapital. However, he also joins Marx and Engels in challengingreligion –a central pretext for leveling charges of impiety againsthim, and which served as the excuse to impose the death penaltyfor his unpopular anti-democratic views.

From a personal standpoint, Socrates did participate in much ofAthenian life. He accepted military service and all reports sug-gest that he fought bravely at the battle of Potidaea (432 - 429B.C.) in which he reportedly saved the life of a famous Atheniangeneral, Alcibiades. In 406 B.C. he was a member of what canbe called the Athenian Senate. At that time, eight generals werebrought up on charges because of their conduct at the battle ofArginusae. He resisted the proposal that the fate of the eightgenerals should be decided by a single vote of the assembly. Thiswas fairly typical of Socrates; if the majority was for something –Socrates usually found himself on the other side – and thatseemed to suit him just fine.

As we know, Socrates founded a school and took in studentswhom he “corrupted” by exposing them to critical thinkingabout, among other things, the gods. Aristophanes wrote aremarkable set of highly enjoyable and irreverent comedies. Inhis play, The Clouds, he parodied Socrates’ school which hederided as a “Thinkery.” In that play the lead character decidesthat he wants to join Socrates’ “Thinkery” in order to learn howto beguile his creditors and avoid paying his just debts. Needlessto say, Aristophanes’ play reflected the current view of Socratesand his mischievous school. Greek comedies are probably ourbest insight into everyday life. Unlike the tragedies, the come-dies concentrate on depicting ordinary people engaging in

ordinary activities and using everyday speech – and, like Shake-speare, show bare restraint in the resort to bawdy humor. Thus,Socrates was roundly roasted in public before hundreds of Athe-nians in Aristophanes’ play, which helped seal his maverickreputation and certainly hurt in the long run. (Aristophanes'play is all the more remarkable because it, like Socrates, alsoquestions and even mocks the gods – but that only worked as amatter of artistic expression in Athenian life, and not as a matterof deliberate social and political thought.)

Life, as everyone knows, is always something of a popularity con-test. Socrates simply didn’t make friends easily, nor did he evertry – and for that, it is clear, he paid the ultimate price. Socrateswas unrepentant at his trial. Lenny Bruce couldn't have put on abetter front. In the face of the state's demand for the deathpenalty, Socrates whimsically countered that he be given freemeals for the rest of his life, an honor that was often bestowed onwinners of the Olympic games. He truly didn't give a rip whatanyone thought of him. (Go ahead and kill me and see if I care).A "democratic" jury of 500 Athenians heard his case, voted, andby a margin of 280 to 220, condemned him to death. Socratesprobably could have simply escaped after the trial and wouldhave been able to spend the remainder of his years in exile. Hedidn't try. At age 70, he willingly drank poison and ended it all.If there ever has been a Socratic Method, then it was uniquelyhis own. After swimming against the current for most of his life -he turned and deliberately let it drown him. In his unique way,this was the most Socratic comment that he ever could havemade about the mob that he never chose to respect.

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Outlines Judge John Nichols:

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Emily Sheldrick and Ben Shafton:

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HEARSAY PROFILE Laura MANCUSO

HOME: Oregon transplant to Washington. AGE: 43 PROFESSION: Attorney Extraordinaire. HOBBY: Whatever my children like. LAST BOOK READ: The Immortal Life of Henrietta Lacks, and lots of children books. LEGAL PHILISOPHY: Best answered over a long lunch. LATEST ACCOMPLISHMENT: Retiring after 26 years in the Air Force Re-serve. WHY I DO WHAT I DO: I like helping people and find the law endlessly fascinating. PROFILE: Attorney/Airman/Mother. A true Renaissance Woman. BEVERAGE OF CHOICE: Several cups of tea to cure month-long cough.

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

FAX this flyer to (360) 737-6891 with your BAR NUMBER _______________________________,

NAME _______________________________________ PHONE #__________________________,

and EMAIL (if you want to download the materials) ____________________________________.

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, WA from 1975 – 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.

Emily 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. Ben Shafton is an experienced litigator and transactional attorney who practices in diverse areas of business and commercial law. Mr. Shafton is available to assist clients in construction law, commercial law, corporate law, real estate law, professional licensing, insurance law, wills and trusts and business and real estate transactions. Mr. Shafton was a member of the Clark County Planning Commission from 1992 to 1996, and has been selected to Washington Super Lawyers for six years running. Mr. Shafton is a Fellow to the American College of Trial Lawyers. �

Steve Bush is a health care attorney at the Portland office of Schwabe, Williamson & Wyatt. With over ten years' experience in litigation, health care transactions and regulatory compliance, Mr. Bush has counseled numerous clients in complying with HIPAA, the 2009 federal HITECH Act and state law. He regularly conducts continuing education seminars on health care topics and mandatory reporting obligations for Oregon attorneys and health care providers throughout the Pacific Northwest. Mr. Bush is an adjunct professor at the National College of Natural Medicine in Portland and is also guest faculty at Oregon Health & Science University. He earned is law degree from the University of Southern California in

2001 and is licensed to practice law in Oregon, Washington and California. He was selected a Rising Star in health care law in 2009, 2011 and 2012 by Oregon Law & Politics magazine.

The Clark County Bar Association Presents a CLE:

~ ETHICS ~

Judge John Nichols and Attorneys Emily Sheldrick, Ben Shafton & Steve Bush

Monday, December 10th, 8:30am – 11:45am Red Lion in at the Quay

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3.0 Ethics Credits (Washington) (2.0 General and 1.0 Child Abuse Reporting Credit for OR are pending)

$105.00 for CCBA Members ~ $135.00 for non-members. There is an early-bird discount of $5 per credit for those paid before Monday, November 26th.


Dynamic Duo Jill Sasser andCrystal (Lambert) Schroederdidn’t plan their first pregnan-cies, but both babies came righton time. Crystal welcomedBaby Zoey on October 13,2012. She was a little one at5lbs 14oz and 18.75 inches.Zoey’s mommy is currently thePresident of the Family LawSection of CCBA, and I am sureshe thanks her fellow BoardMembers, including MeredithMcKell Graff and NathanPetersen, for holding down thefort!

As the WSBA Bar News reports, our profession is aging quickly.With some of the recent barriers to entry into law school (cost)and the profession (no jobs), we will see a widening gapbetween the number of Senior Lawyers (who are still gods onthe softball field) but pushing retirement, and the NextGenlawyers, with an increasing number of clients who need services.We may never get to retire. This is one reason why we here atDouble Hearsay rejoice in the Senior Lawyers who don’t act likethey are Senior. Those that bring a smile to your face the minuteyou see them acrossthe room becauseyou know they havesome wacky story toshare, or some adven-ture to relate. Takethese shoes forinstance, seen on alocal lawyer at arecent Linkin Parkconcert in Tacoma.

After taking in the loud rock concert (on a school night, no less),these shoes then went to an all-night friend chicken joint indowntown Olympia, finally rolling home at two a.m., then meet-ing with clients the next morning. The first to guess the shoes’owner gets a gift card to lunch at a local establishment of yourchoice. E-mail guesses to [email protected], and dosomething a little wacky to celebrate life (then tattle on yourfriends to Raisa with photographic evidence)!

David Gregerson is gearing up for his new elected office and hissoon-to-be old office mates are looking at a new configuration in2013! Quinn Posner will be coming in with Dean Langsdorf andLori Ferguson to fill David’s oversized shoes. Quinn receivedhis JD and MBA from Willamette University in 2001 and is aHusky! Quinn comes from his solo practice and some of usknow him best from his stint at the Clark County ProsecutingAttorney’s office. Quinn will be continuing his personal injurycase work and will pick up David’s landlord and real estate mat-ters, as well as perhaps a smattering of other things. Here’s to asmooth transition!

Speaking of Judges (retired), Judge Bennett is still available foryour cases that require mediation and arbitration. As lastreported here, Judge Bennett took on the job of Battle GroundMunicipal Judge, and is now doing his own thing on the solopractice front. Notwithstanding his abhorrence for self-promo-tion, Judge Bennett calls a spade a spade, so don’t forget himwhen you are deciding who would be a good choice to talk somesense into your client(s). Judge Bennett is housed with his bestbuddy Bill Baumgartner, at the Baumgartner, Nelson & Wagnerbuilding, 112 W. 11th Street, but the best way to reach him is bye-mail: [email protected].

So Judge Bennett’s former housemates, Jessica Dimitrov, JimSenescu and Chris Babich, have dried their tears at the Judge’sdeparture and are soldiering on with their new firm, Dimitrov,Senescu & Babich, PLLC. Chris Babich (aka “the Minion”) is

What CCBAMembers Are DoingAbout TownRAISA JUDICATAGuest Gossip Columnist

DOUBLE HEARSAY

Baby Zoey can already spell!

Mystery lawyer with fabulous shoes!

to be bringing something in instead of continually paying some-thing out. I’m also really looking forward to helping people andstarting my career.”

There is, of course, a certain nostalgia that comes on days likethis. Despite the challenges they are ready to put behind them,and the futures they are eager to embrace, this day represents atime to say goodbye to many things they will miss. And for thesegraduates, they all seem to agree they will miss one thing-- theirlaw school friends. “They are all such good friends,” Laurelexplains. “I think I’ll really miss the community that was there.It’s such a different experience to go through law school. It’s thekind of thing that no one else would really understand alongwith everything you’ve gone through, except for your friendsthat have gone through it, too.”

Laurel (and her other 8 swearing-in cohorts) may have left acommunity of friends behind, but we believe they could nothave chosen a better community to come to. The Clark CountyBar Association hopes they will discover that same warmth,friendship, and sense of community that has become such a partof our organization here in Vancouver. Congratulations andwelcome to each of you!

Candidates in alphabetical order: Leslie Baze, Sarah StaufferCurtiss, John Farra, Alex Ferguson, Jamie Graves-Kautz, LauraJordan, Ryan Kroll, Marla Nelson, Laurel Yecny.

Special thanks to: Judge Rich Melnick, swearing in the candi-dates; Also attending, Judge John Nichols and Judge DanielStahnke; Representing the Clark County Bar Association, JohnFairgreive, immediate past president and Rick McLeod, trustee;Representing the Young Lawyers Section, Christie Martin, presi-dent, and Jeff Ott, social director; Representing the Family LawSection, Laura Mancuso, vice-president.

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now a partner after five years of practice at the firm (but you canstill call her Minion). Their practice will continue to emphasizetheir work protecting vulnerable adults with litigation, guardian-ships, probate and fiduciary representation and litigation. NowChris needs to hire a minion!

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.

Inns of Court held their monthly meeting on October 17th at LittleItaly's. Judge Rich Melnick and Commissioner Kristen Parcher'sgroup presented on freedom of speech issues in political speech, forlawyers and in court. The discussion on political speech focused onrecent developments from case law including the results of CitizensUnited v Federal Elections Commission, 558 U.S. 310, whichchanged corporation's influence on political speech, U.S. v. Alvarez519 F.2d 1036., in which the Supreme Court overturned The StolenValor Act, that criminalized claiming military service and recentdevelopments in the King County Superior Court race where a can-didate inappropriately utilized previous quotes from public figuresas endorsements for her campaign.

We also discussed the interaction between freedom of speechand Rule of Professional Conduct, both for attorneys and judicialofficers, including which statements are punishable and whichstatements are protected. We had a rousing discussion regardingan attorney's obligation in filing untruthful declarations and whattheir obligations are when they know the statements are untruebefore filing or discovering their untruthfulness after filing.

Our November meeting has been moved to November 28, 2012because of the Thanksgiving break and will focus on secondamendment rights. Please contact Nathan Petersen [email protected] or Elizabeth Christy at [email protected] if you are interested in joining.

Inns of CourtNATHAN PETERSENHearsay Special Correspondent

WANTED!!!The Hearsay is in search of new and exciting material

and new and exciting contributors!

Please join us on the third Wednesday of every monthat noon in Kurt Rylander's office!

If you have a great idea to share please don't hesitate to contact us.

Call Lisa in the CCBA office at 695-5975

You remember the feeling. . . .You raised your right hand, and with the utmost solemnity,began uttering these words, “I, (you inwardly cursed yourmother for that middle name), do solemnly declare I am fullysubject to the laws of the State of Washington and the laws ofthe United States and will abide by the same. . . .”

Your mind wandered. You reflected on the years of hard work,the friends you would leave behind, the mounds of student loandebt, the Latin words you can only recall half the time, and thesheer joy of passing the bar exam.

As the judge offered her congratulations, you maintained thatexterior of dignified earnestness and sincerity. But inwardly, youwere doing a full-blown “Toyota jump” while screaming,“YESSSSSSSSS!” It was official. You were a full-fledged lawyer.

On November 1st, nine new attorneys shared in that exhilaratingexperience as they assembled in Judge Melnick’s courtroom.With family and friends looking on, they suppressed the urge todo a happy dance, while formally bringing their law school daysto a close.

As is the case for so many new attorneys, this day represents amyriad of emotions. For Jaime Graves-Kautz, a U of O graduate,

this is the case not just for her,but for her entire family. “It’s areally big deal because I’m thefirst one of seven siblings to goto college. My mom is reallythe one who inspired me,” sheexplains. “She is a legal secre-tary for Northwest JusticeProject. So I kind of grew uparound the nonprofit world.”With this upbringing, the sup-port of her family, and herpassion for under-representedpopulations, Jaime set out forlaw school. And today, it wasonly fitting that she was sur-rounded by upward of twentyfamily members and friends, including (of course) her mother,her four-year-old niece, and even an old high school friend’smom. “I just really would like to thank my family,” she says.“They have been so supportive.”

Clark County probably hasn’t seen many couples sworn in, butfor Gonzaga graduates Laurel Yecny and Alex Ferguson, thisrepresents another happy step they are taking together. “We satnext to each other in a legal research and writing class the wholefirst semester and didn’t talk to each other,” Laurel explains.Alex insists that she was instantly attracted to him. But Laurelclarifies, “He had gross long hair back then and one day he askedme for a bobby pin. It took me a while to get over that one.”Bobby pin aside, that was somehow the beginning of a beautifulfriendship that saw them through law school. And the twoacknowledge that it was nice to have had each other throughoutthe ups and downs of their law school experience.

When asked what they are most eager to put behind them, Lau-rel answers without flinching, “The Bar! . . . I was so glad to bedone with that. That was a long, looooong 12 weeks of study.”But even as she looks behind her at the hours of study, she is set-ting her sights on some exciting things. “I’m really lookingforward to finally having an income,” Laurel says. “It will be nice

Swearing in Candidatessay “YESSSSSSS!”

HEATHER NORTONCCBA Special Correspondent

Newly formed, Dimitrov, Senescu & Babich, PLLC


Susan Arney, Executive DirectorAshley Belisle, Program CoordinatorAdministrative: 360-823-0423E-mail: [email protected]

If you received my email with sign up sheets and you have notlooked at it, please take a moment and consider what you can do inthe next year. If you have responded, thanks so much. It really helpsme to get people signed up ahead of time. I understand if somethingcomes up and you have to cancel. That is still easier for me. So, con-tact me if you want to volunteer and don’t have the email.

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 INTHE MONTH OF SEPTEMBER

DIRECT REPRESENTATIONBill Brendgard, Peter Fels, John Holtmann, Susan Hammann,Peter Sloane, Randy Stewart

BANKRUPTCY:Rob Russell

YWCA SAFECHOICE DV CLINIC:Sidney Dolquist, Marlene Hansen, Katie McGinley,Meredith McKell Graff, Peter Sloane

FAMILY LAW:Elizabeth Arwood, Lou Baran, Bill Brendgard, Ed Dawson,Susan Hammann, Lincoln Harvey, John Holtmann,Scott Horenstein, Juliet laycoe, Peter Sloane, John Vomacka

GENERAL LAW:Heather Carroll

HOMELESS COURT:Chuck Buckley, Jeff Courser, David Feeney, Gil Luzader,Abby Powell, Tim Smith, Diane Sweet, Anna Waendelin

HOMELESS SHELTER:Peter Fels, Gavin Flynn, Dustin Klinger

HOUSING JUSTICE PROJECT:Ed Dawson, Brian Mackenzie, Scott Matthews, Bill Robison,Scott Staples, Jillayne Van

Statistics for SEPTEMBER

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Who owns my {website, artwork, music, software}?

Patents, copyrights, and trademarks protect different things. These rights also have different (sometimes arcane) rules for creation, vesting, assignment, and licensing.

Artists, designers, photographers, builders, Facebook, Twitter, Instagram, etc. are just a few of the players vying for actual ownership (or eternal licenses) to the massive IP rights that are spawned in the Information Age on a daily basis.

Intellectual property may be a mission-critical asset for many businesses. Resolving who owns what before the rights become valuable can prevent costly litigation in the future.

• Hypothetical vignette(s) o High school garage band o Wedding photographer o Small business website design / content / forum

• Default rules for IP ownership • Conflicts in claims of ownership • Work-for-hire doctrine

o Independent contractor o Employee in scope of employment

• Assignments o Ground rules o Promise to assign vs. actual assignment o Void assignments

• Employment Agreements – securing IP created by employees • Clearances, Licenses (express and implied), Terms of Service agreements

DOWNTOWN VANCOUVER • 900 WASHINGTON STREET • RUNYANSJEWELERS.COM • 360-699-1917

A��eal to the Heart

GIFTS FOR ALL OCCASIONS


1099-MISC for Sole Proprietorship in QuickBooksIf a firm pays a sole proprietorship $600 or more in the calendaryear, the issuance of a 1099 is required. When a 1099 is requiredfor a sole proprietorship, if the check is made payable to thecompany name (the dba), in the recipient box on form 1099, inaddition to the company name, include the owner’s full name(first name, middle initial, and last name).In QuickBooks, the 1099-MISC does not pull the vendor namenor the dba from the address block in the vendor file. For theowner’s name and dba to appear on the 1099-MISC, enter theindividual’s name in the first name, M.I., and last name fields,and enter the dba in company name field.

LAW LIBRARY NEWSFOR SALE Through December, 2012

The law library is taking blind bids on the following items:Washington DUI Practice Manual – Wa Pr vol 32 2010-2011Washington Practice Elder Law – Wa Pr vol 26 2d edWashington Elder Law Handbook – Wa Pr vol 26A 2010Deposition Objections book plus CD 2010-2012 edWashington Court Rules 2012Give your bid to the law librarian through the end of December.

Bids must indicate your name, phone number, amount, anditem(s) on which you are bidding. Winners will be notified inearly January. We reserve the right to withdraw an item frombidding.

CLERK’S REPORTWhen filing documents with the Clerk’s Office it would be help-ful if they could be 2-hole punched. Thank you and Happy Thanksgiving from the Clerk’s Office.

MARIA SOSNOWSKILaw Librarian

ATTORNEY BOOKKEEPING TIPS

EMANUELA SANDRIAttorney Bookkeeping Services, Inc.

Reproduced with permission. For more cartoons and information, go to http://www.legallydrawn.com.

LEGALLY DRAWNScience seems to have suffered a major setback.

HEARSAY ADVERTISERSWANTED!

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EXPERT WITNESS & CONSULTANTSBAIL BONDS • COURT DISPLAYS • PARALEGAL

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The Clark County Bar Association Presents a Brown Bag CLE:

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Presented by: Attorney Rick Mc Leod

Friday, November 30, 2012 Noon – 1:00pm

Public Service Center, 1300 Franklin St, 6th Floor Training Room

�� Please bring a lunch! The Dragonfly Café is conveniently located on the main floor of the PSC �� 1.0 CLE Credit

CCBA members: $35 Non-members: $45 Non-attorneys: $25

Visit us online at: ccbawashington.org

Desk For Sale

Call Lisa at the CCBA for details

695-5975

Desk is 71" long x 59" high x35" deep. Asking $75

Computer and phone not included


PRESIDENT’S MESSAGE

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 212 CLIENTS IN THE MONTH OF OCTOBERAdministrative Law ........................................................9Bankruptcy ....................................................................7Business & Corp ............................................................1Consumer ....................................................................13Criminal ........................................................................21Debtor/Creditor ..............................................................8Family Law ..................................................................48General Litigation ........................................................55Labor & Employment....................................................13Real Property................................................................19Wills & Trusts ..............................................................11Worker’s Comp ..............................................................0ADA ................................................................................5Taxation ..........................................................................2

SW WASHINGTON LAWYERREFERRAL SERVICE

UPCOMING EVENTS

November 21, 2012Hearsay Committee MeetingKurt Rylander’s Office - Noon

November 21, 2012Inns of CourtLittle Italy’s Tratoria - 5:00pm - 6:30pm

November 28, 2012CLE Committee MeetingCCBA Office - Noon

November 30, 2012CLE - Intellectual PropertyPublic Service Center Noon - 1:00pm

December 10, 2012CLE - EthicsRed Lion at the Quay 8:30am - 11:30am

December 11, 2012Superior Court Bench/Bar meetingCourthouse - Noon

December 12, 2012Family Law Section Holiday PartyTommy O’s - 11:30am

December 12, 2012Nuts & Bolts CLE : NegotiationRed Lion at the Quay 3:00pm - 5:00pm

December 13, 2012YLS Happy HourLocation TBD - 5:00pm - 6:00pm

MEETINGMEETING

MEETING

CLE CLECLE

CLE SOCIAL

SOCIAL

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

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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

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As I write this, the election results are in and I cannot help butthink the thing I am most grateful for is the end of campaigncommercials. Our electoral process sets us apart from much ofthe rest of the world. Four years ago I was sitting on the balconyof a friend’s condo in Tel Aviv watching military planes scramblein the direction of Gaza on election day. The people I met, bothIsraeli and Palestinian expressed great apprehension at the resultsof our election and what it meant for their respective future.

In 2000 I was vacationing in Germany and France with mymother. Due to the time difference, we expected to wake up topresidential election results. We headed out for a day of sightsee-ing after hearing that George W. Bush had won the presidency.As the day wore on, we sought refuge from a sudden downpourin a smoke-filled bar off the main square in Monte Carlo. A tablefull of Germans made room for us in the overcrowded bar. Welearned via news coverage that Florida was still in dispute. I foundmyself trying to answer questions from the Germans such as:“Why does a college decide who is president?” (The electoral col-lege) and “Why does Florida get to pick the president?”Sometimes our system does not make much sense to outsiders!

Both of these experiences reminded me of how much I appreci-ate the fact that I live in a country with a stable governmentbased on the rule of law. I may not always agree with the party inpower, but I live under a democracy.

When I graduated law school over 26 years ago, I really had nonotion of where my legal career would take me and how muchthe legal world would change over the course of my career.None of us could have imagined the changes to the world and tothe practice of law brought about by the current economic crisis.Nor could we anticipate the changes in technology that alter theway we practice.

A few years back I was sitting in the arraignment courtroomwaiting for my case to be called and the prosecutor announcedthat a defendant was making first appearance on the charge of“cyberstalking.” In unison, four of us older attorneys turned toeach other and said “WHAT’S THAT?” Some days it feels likethe world bombards us with change with incredible rapidity.

Our constitution provides the framework for our legal system toendure over time. Having visited countries where the rule of

law does not exist, this Thanksgiving I am most thankful for free-dom and the rule of law. I might add that I am also very gratefulthat Thanksgiving dinner does not include smoked rats, a deli-cacy in Laos (see photo below)

I am off celebrating the joy (cough, sputter and choke) the joyof turning 50 on a Mediterranean cruise. The photo below showsme standing in front of the Costa Concordia at a port stop inItaly in 2008. I am hopeful that my current cruise ship will fairbetter, as the Costa Concordia sunk off the coast of Italy last Jan-uary. Best holiday wishes to you all.

SUZAN CLARKCCBA President

THIS MONTH’S ISSUE

President’s Message ............................................................................3Who owns my [website, artwork, music, software] CLE ....................4Swearing in Candidates say “YESSSSSSS!”........................................6Ethics CLE..............................................................................................8Retirement & Financial Planning ........................................................102012/13 Nuts & Bolts, FLS & CLE Calendar ......................................12CCBA Monthly Board Meeting............................................................13Family Law Section ............................................................................14Arney goes the distance for VLP ........................................................15Clark County Superior Court Meeting Minutes ..................................16YLS Announcements ..........................................................................18Family Law Section Calendar..............................................................20

Nuts & Bolts Lecture: Negotiation ......................................................21The Real Socrates ..............................................................................23Hearsay Profile: Laura Mancuso ........................................................25Double Hearsay ..................................................................................26Inns of Court........................................................................................27Clark County Volunteer Lawyers’ Program ........................................28Legally Drawn......................................................................................29Attorney Bookkeeping Tips ................................................................29Law Library News................................................................................29Clerk’s Report ......................................................................................29SW Washington Lawyer Referral Service ..........................................30Events Calendar ..................................................................................30

IMMEDIATE PAST PRESIDENTJohn Fairgrieve(360) [email protected]

TRUSTEEJill Sasser(360) [email protected]

TRUSTEERick [email protected]

TRUSTEELaura Mancuso(360) [email protected]

VLP REPRESENTATIVEDavid Gregerson(360) [email protected]

OFFICE MANAGERLisa Darco(360) [email protected]

MEMBER SERVICESHeather Norton(360) [email protected]

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

PRESIDENTSuzan Clark(360) [email protected]

VICE-PRESIDENTJane Clark(360) [email protected]

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

SECRETARYArin Dunn(360) [email protected]

2012/2013 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.

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

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