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ccbawashington.orgJULY 2014

Mike & Loren’s Big Adventure

page 5

Mike & Loren’sBig Adventure

page 6

THIS MONTH’S ISSUE

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

Mike and Loren’s Big Adventure ................................................................6

CCBA Board Meeting Minutes ..............................................................9

CCBA Annual Meeting & Lunch..........................................................10

Superior Court Bench/Bar Minutes ....................................................11

CLE Calendar ......................................................................................12

Member Benefits Spotlight: Staples Advantage ................................13

This Old House: Part 1 of 2 ................................................................14

Clark County Superior Court Jury Selection Procedures ..................19

Battle Buddies Service Dogs ..............................................................20

Hearsay Profile: Meredith McKell-Graff ..............................................21

Clark County Volunteer Lawyers’ Program ........................................22

CCBA CLE: Mental Health Response in Clark County ........................23

Law Library News................................................................................25

Attorney Bookkeeping Tips ................................................................25

News You Can Use..............................................................................25

Events Calendar ..................................................................................26

SW Washington Lawyer Referral Service ..........................................26

2014 CCBA OFFICERS & TRUSTEES

HEARSAY is published 12 times per year and is design edited by: GOUGH CREATIVE GROUPJEFF GOUGH, Creative Director • 360-818-4GCG • [email protected]

An annual "green" subscription is included with annual membership dues. Members may purchase a hardcopy subscription for $48.00. Letters, news items, upcoming events and announcementsare 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 atthe editor’s discretion and space available. 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.

360-695-1624 [email protected] www.nwinjurylawcenter.com

Don Jacobs will handle your cases in Washington... and Oregon.A past-president of the Oregon Trial Lawyers Association, Jacobs isavailable to take your cases to court in either state.

He delivers. In two states.

360-695-1624 [email protected]

ases in our cobs will handle yon JacDTegon rt of the OesidenA past-prouro cases tour ce yo takailable tva

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IMMEDIATE PAST PRESIDENTJohn Fairgrieve(360) [email protected]

TRUSTEEJill Sasser(360) [email protected]

TRUSTEELaura Mancuso(360) [email protected]

TRUSTEEGideon [email protected]

VLP REPRESENTATIVELe Ann Larson(360) [email protected]

OFFICE MANAGERLisa Darco(360) [email protected]

MEMBER SERVICESPaula DeLano(360) [email protected]

PRESIDENTJane Clark(360) [email protected]

VICE PRESIDENTArin Dunn(360) [email protected]

SECRETARYRick [email protected]

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

Law office of:

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

1014 Franklin StreetFranklin Suites, Suite 108

Vancouver, WA 98660

Available for Referral or Association

Vancouver 360.859.3823Portland 503.974.4161

Email [email protected]

MEDICAL MALPRACTICEWRONGFUL DEATHPERSONAL INJURY

Representing InjuredWorkers on Their

Washington ClaimsBusick Hamrick, PLLC

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

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August 6, 2014CCBA Board MeetingCCBA Office - Noon

August 19, 2014Hearsay Committee MeetingCCBA Office - Noon

September 3, 2014CCBA Board MeetingCCBA Office - Noon

September 9, 2014Superior Court Bench/BarClark County Courthouse - Noon

September 10, 2014Nuts & Bolts CLE: Low Cost Technology& Research Options for your Law FirmVancouver Hilton 3:00pm - 5:00pm

September 14, 2014Young Lawyers vs. “Senior” Lawyers Softball GamePrairie Field 1:00pm

September 15, 2014CCBA Annual Meeting and LunchVancouver Hilton - Noon

September 18, 2014Bowling with the JudgesBig Al’s Vancouver 6:00pm - 9:00pm

HEARSAY - JULY 2014 326 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 their needs,while at the same time providing a source of new client businessexclusively 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 185 CLIENTS IN THE MONTH OF JUNEAdministrative Law ............................................................12Bankruptcy............................................................................7Business & Corp ..................................................................6Consumer ..........................................................................12Criminal ..............................................................................18Debtor/Creditor ....................................................................2Family Law..........................................................................40General Litigation................................................................30Labor & Employment ..........................................................11Real Property ......................................................................31Wills & Trusts ....................................................................12Worker’s Comp ....................................................................4

SW WASHINGTON LAWYERREFERRAL SERVICE

UPCOMING EVENTS

MEETING

MEETINGMEETING

MEETING MEETING

CLE

SOCIAL

SOCIAL

Every time I go to a doctor’s visit I am asked how much I exercise.We all know that exercise is good for us but in our busy world, itis often one of the first things that we cut out of our lives.

The Mayo Clinic lists the following benefits of regular exercise:1. Exercise Controls Weight2. Exercise combats health conditions and diseases by boosting

HDL - the “good” cholesterol and decreasing unhealthytriglycerides decreasing the risk of heart disease and alsodecreasing the risk of stroke, diabetes, arthritis and certaintypes of cancer.

3. Exercise Improves mood - making you feel happier and more relaxed

4. Exercise boosts energy5. Exercise promotes better sleep6. Exercise puts the spark back in your sex life7. Exercise can be fun

The medical professional generally recommends a goal of at least30 minutes of physical activity a day. With all these benefits,shouldn’t exercise be a high priority to us? I thought I would asksome of my professional colleagues what they do to keep fit andhow they incorporate exercise into their busy lives as attorneys. Iam hoping that some of their answers will inspire us all.

Many of the folks I talked to (the men in fact more than thewomen) like to work out at the gym and incorporate workoutsinto their daily office routine. Mark Sampath for example worksout 6 days a week but tries to keep it varied mixing weights, car-dio and basketball routines. Some folks, like Loren Etengoff andDavid McDonald, like to work out with personal trainers to pro-vide guidance and motivation.

Several of the attorneys I spoke to cycle for fitness. Peter Fels reg-ularly rides his bike to work and Bill Nelson rides 15-20 miles atthe weekend as well as an additional hour on his stationary bikeat home. He also walks to and from work every day (a 3 mileround trip). It is no wonder he stays looking so young! Somefolks engage in more extreme biking endeavors. Last year ScottEdwards participated in the Seattle to Portland bike ride - 240miles in a day. He rode almost 3000 miles last year in training. Hestill bikes for exercise but is taking it a little easier this year!

My own experience has been that if you find something youreally enjoy you are much more likely to do it regularly. BothConnie Henderson and Elizabeth Christy regularly do yoga.Many folks enjoy skiing and of course, if all else fails it is greatexercise to get outside and take a regular walk during lunch hour.We do not all have to be chained to our desks all day, althoughwe often are.

I think Jean McCoy hit the nail on the head when she said that,for some people, you need social motivation to go. Jean takesclasses at Firstenburg to keep fit and originally started going witha friend to keep motivated.

For me, I really do not like a lot of forms of exercise. Workingout in a gym - running on a treadmill or lifting weights is just notmy idea of fun. I have joined gyms and tried working out 6-7times in my life and never managed to stick at it after the initialburst of inspiration has subsided. I like to hike but that is more ofan occasional weekend activity. I do not like getting my face wetso swimming is out and I do not like falling down so skiing is out.I did start doing yoga a few years ago and really enjoy it but didnot consider it aerobic enough to count it as my only form ofexercise. (Having said that, to see my husband doing beginnerflow yoga the one time I took him, he certainly made it look likean aerobic activity!! He decided to stick to the easier option ofultimate Frisbee twice a week after that).

JANE CLARKCCBA President


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Things reached despera-tion point after the birthof my second child 2years ago. When you havea baby in your 40s theweight just hangs on. I doreally enjoy dancing so Ithought I would giveZumba a try and now Iam addicted! For thosewho do not know, Zumbais a dance based exerciseclass combining LatinAmerican, hip hop andBollywood dance moves.It is so much fun it is not

like exercise at all and I am highly motivated to go 2-3 times aweek. Of course my husband thinks I go to relive my childhoodpassion of dancing in front of a mirror and calls me a “front rowdiva”’. However, I am motivated to go and that is what matters. Iwas actually surprised to find that quite a few men go to theclasses and are often better dancers than the women.

So I guess my message this month is think about exercising more.Find something you enjoy and that will make you more motivatedto stick at it. Do something with a friend. Try something new.

I know that since I discovered Zumba 15 months ago I feelhealthier and happier and I did lose that baby weight! I will leaveyou with some quotations and food for thought from the past tothe present on this issue.

Quotes of the week

If we could give every individual the right amount of nourishmentand exercise, not too little and not too much, we would have foundthe safest way to health.

—Hippocrates

Training gives us an outlet for suppressed energies created by stressand thus tones the spirit just as exercise conditions the body.

—Arnold Schwarzenegger

Leave all the afternoon for exercise and recreation, which are as nec-essary as reading. I will rather say more necessary because health isworth more than learning.

—Thomas Jefferson

The medical literature tells us that the most effective ways to reducethe risk of heart disease, cancer, stroke, diabetes, Alzheimer's, andmany more problems are through healthy diet and exercise. Ourbodies have evolved to move, yet we now use the energy in oil insteadof muscles to do our work.

—David Suzuki

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LAW LIBRARY NEWS

FOR SALE - THROUGH AUGUST, 2014The law library is taking blind bids on the following items:

1. Constitutional Law Nutshell2. Executor’s Guide, 5e, NOLO3. Social Security Handbook 20134. Pattern Cross-Examinations book plus CD Rom, James5. Chapter 13 Bankruptcy, 11e, NOLO6. Judicial Conduct and Ethics, 5e7. Page on the Law of Wills Forms volume with CD Rom8. Elder Law Forms Manual CD Rom9. Deposing and Examining Doctors looseleaf plus CD Rom, James

Give your bid to the law librarian through the end of August. Bidsmust indicate your name, phone number, amount, and item(s) onwhich you are bidding. Winners will be notified in early Septem-ber. We reserve the right to withdraw an item from bidding.

ATTORNEY BOOKKEEPING TIPS

QUICKBOOKS ~ KEYBOARD SHORTCUTS FOR EDITINGBy pressing different combinations of keys on your keyboard,you can quickly perform common tasks within QuickBooks.Here are the keyboard shortcuts for editing.

NEWS YOU CAN USE

Attorneys! Please utilize the Lawyer Referral Service phonenumber, (360) 695-0599 and NOT the CCBA office phonenumber for any and all attorney referrals. For those of you unfa-miliar with the service, the Southwest Washington LawyerReferral Service offers reduced cost consultations to those insearch of an attorney. The CCBA office does not give any legaladvice or attorney referrals. The CCBA website is also an excel-lent place to direct people who are in search of an attorney. Theycan search by practice area as well as location. All CCBA mem-bers are searchable.

New Address:Gavin Flynn100 W. 11th Street, Suite BVancouver, WA 98660

Jeffrey Courser900 SW Fifth Avenue, Suite 2600Portland, OR 97204Phone: (503) 294-9828Fax: (503) 220-2480

New Email Address:Barry [email protected]

LISA DARCOCCBA Office Manager

EMANUELA SANDRIAttorney Bookkeeping Services, Inc.

MARIA SOSNOWSKILaw Librarian

Conference Roomavailable to rent

The CCBA’s officeconference roomis available for

meetings and depositionsat reasonable rates.

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6 CLARK COUNTY BAR ASSOCIATION HEARSAY - JULY 2014 23

At the end of March of this year, Mike Simon and Loren Etengoffspent a week in Guatemala with Medical Teams International(MTI) working in a village, Ojo de Agua. This was Mike’s eighthtrip with MTI to Guatemala and Honduras and Loren’s first trip,which he made with his son, Gabrielle. Mike and Loren wereasked to write an article for the magazine based on theirexperiences on this trip and others. There is wealth of informationthat could be included but because of obvious constraints, thearticle will briefly describe MTI, the situation in Guatemala andOjo de Agua and give personal reflections on the trip.

MTI is a 501c(3) non-profit health relief and developmentorganization with headquarters in Portland, Oregon. MTI’smission is to demonstrate the love of Christ to people affectedby disaster, conflict, and poverty. MTI addresses the causes andeffects of inadequate health care for vulnerable people in fiveways: 1) Emergency response and preparedness; 2) Communityhealth programs; 3) Capacity building of local partners andcommunity members via health training and technicalassistance; 4) Skill transfer and learning between healthproviders in developing countries and health professionals fromother countries; 5) Gifts in Kind (essential medicines, medicalsupplies) to the field. Although MTI is a Christian organization,you do not have to be Christian to work with them. It is nodifferent than a person going to a religious-based hospital, i.e.,Legacy Emanuel, for treatment. Neither Mike nor Loren areChristians and both of them felt very comfortable working withMTI.

MTI has four offices in the United States, one in Guatemala, oneHaiti, two in Africa, one in Eastern Europe and one inCambodia. These local offices provide community healthservices and also act as a base for medical communities and basichealthcare workers in those areas. The basic healthcare servicesinclude nutritional counseling, health training of pregnantwomen and young children and building wood stoves, latrines,water systems and cement floors.

Guatemala is Central America’s most populous country, with14.3 million people, of which about 40% are of indigenousdescent, i.e., Mayan. There are twenty-one separate Mayanlanguages, not dialects but separate languages, spoken inGuatemala which cannot be understood by other indigenousMayan groups. There are approximately eight additional Mayanlanguage groups in Mexico and there may be a few others inBelize. It is also very mountainous. Oso de Agua is at about4,800 feet in elevation. On the return trip, we were at 8,500 feetelevation. It’s incredibly beautiful.

Guatemala is a lower middle income country with an average percapita income of $2,700 but this wealth is not spread evenlythroughout the population. Although Mayan groups oncepopulated all of Guatemala, with the Spanish incursion theywere pushed up into the mountains and they have been largelyignored and persecuted by the central government over theyears. During their war of the 1980’s and 1990’s, approximately250,000 people of Mayan descent were massacred, most of themby the government. As a result of their isolation, the averagetime in school for them is 3.8 years rather than 6.5 years amongthe non-indigenous. Almost 75% of the indigenous people livein poverty compared with only 36% of the nonindigenous.Guatemala has a national poverty rate, i.e., living on less than$2.00 per day per family, exceeding 50% and a rate of extremepoverty, i.e., living on $1.25 or less per day per family, at 15%.Forty-six percent of the total population lives in rural areas but72% of the extremely poor live in these rural areas.

The village of Ojo de Agua is located near the City of Chicamánin the Department of El Quiché. Ojo de Agua is approximately45 minutes from Chicamán. The drive is “entertaining.” It is ondirt roads, sometimes steep, sometimes steeper, always dirt andalways very rocky and slow going.

El Quiché is a department in Guatemala located 155 miles (butonly about 70 miles as the crow flies) north of the capital ofGuatemala, with a population of over 655,100, according to the2002 census. The trip took us about 8 hours to drive!.According to a recent analysis, out-of-pocket household costsaccount for 69% of total health spending in Guatemala. Forpoorer, more vulnerable families, the cost can be catastrophic.El Quiché has the highest rate of maternal mortality in thecountry at 192.8 of 100,000, as well as a high percentage of totalbirths being attended at home. Basic childhood illnesses kill

Mike and Loren’s Big AdventureIn Guatemala, the Face of Poverty and Hungeris Young, Indigenous and Rural

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�Commander Mike Anderson is a 35 year veteran of the Clark County Sheriff’s Office. Prior to joining the Sheriff’s Office, he served in the United States Coast Guard and then worked for the La Center Police Department. He has an AA Degree in Administration of Justice from Clark College and a BA in Business Management from the Evergreen State College. Some of his community service include; Past Chair and current member of the Clark County Skills Center General Advisory Committee, Current Chair, Clark County Skills Center Criminal Justice Advisory Board, Past President Clark County Skills Center Foundation and Past President Washington State Jail Association. Commander Anderson currently serves as the Jail Support Services Commander with direct oversight over the Sheriff’s Office Reentry Program, Jail Transport Unit, Jail Medical Services and Inmate Telephone Services.


many children in the department. The main causes of morbidityin Guatemala in children 5 and under are respiratory infections(41% of deaths) and diarrhea (17% of deaths). In addition, theregion has a high rate of illiteracy (40%).

Chicamán is one of the municipalities in the Department of ElQuiché and has a population of 35,000 inhabitants, of which 80%are of a Mayan indigenous ethnicity. The closest large city isCobán, a 50-mile drive via washed-out, gavel mountain roads.The municipality is made up of 71 communities, most of whichare rural. Forty-seven percent of the people are illiterate and only9% continue their education beyond elementary school. Almost88% of the population lives in poverty (less than $2.00 per day)and 67% live in extreme poverty (less than $1.25 per day).

This is the third trip Mike has made to Guatemala in the pastthree years. On the second trip, a group of people started talkingabout how it would make much more sense to just give themoney they were paying to go on the trip to MTI for its servicesin Guatemala instead of going on the trips themselves.

The cost of a wood stove is approximately $170 so one persongoing on this trip costs the equivalent of about ten wood stoves.We began working with MTI to fund a complete communityhealth program for a village over a three-year period. Theprogram would include not only building latrines and self-contained wood stoves for every family there, but it will alsoinclude nutritional lessons for pregnant women, keep track ofgrowth rates for newborns and young children and trainingwomen to teach other women these same skills. After threeyears, it is hoped that the program will be somewhat self-sustaining so that MTI can move on to another village inanother area and begin their program over. The program startedin the summer of 2013 and this trip was the first trip to meet thevillagers, build wood stoves and learn about the program.

Questions to Loren:1. How did you get interested in going on a trip with MTI?

I had heard Mike talking about his trips to Central America whileworking out at NW Personal trainers. I casually mentioned that Imight be interested in going on a trip. I forgot about it until I gotan email from Mike about 6 months ago reminding me that I had

said I was interested andasking if I wanted to go toGuatemala and build stoves. Ihad no idea why one would goto Guatemala to build stoves(don’t stoves come fromSEARS) and why I, who canbarely hammer a nail, couldbuild a stove. However, Iasked Mike more questionsand decided that it soundedintriguing.

2. What did you hope to get out of the trip?I really did not go on the trip with many expectations. I hopedthat I could offer some sort of assistance, make a small differencein someone’s life, and experience someone else’s culture. I havetravelled to many different countries but always as a tourist andfelt like I was an outsider looking in (because I was). I washoping that this trip would offer me the opportunity to becomepart of and experience their community.

My 20 year old son accompanied me on the trip. I hoped that hewould have an opportunity to experience and interact with adifferent culture other than going to Mexico for spring break. Ihoped that the trip would provide him with an opportunity togrow personally and for me to have an opportunity to spendtime with him.

3. What was the experience like?Like nothing I expected or have previously experienced. Fromthe concern/fear of having an armed escort with m-16 automaticrifles while on the drive to the village along the washed out dirtroad hugging the side of a mountain to the humbling experienceof arriving at the village and seeing the entire village lining theroad and applauding as we pulled in.

The sense of community and the importance of family in thevillage astounded me. Notwithstanding the extreme poverty, thevillage was thriving. Parents loved their children, and did theirbest to provide for them. They were willing to change the waythey had been doing things for many years if there was a chancethat the change would help their children.

4. What did you bring home from the trip?A sense of accomplishment. A closer relationship with my son asa result of our shared experience. The confidence to step out ofmy comfort zone. A greater understanding of myself. A desire togo again. An idea of what I would like to do when I retire fromthe practice of law.

Questions to Mike1. How did you get interested in going on a trip with MTI?An old scuba diving buddy of mine went on a trip to Peru withMTI to convert an old jail to a medical center. I said the samefateful words that so many other people have said: “Gee, I wouldlike to go on a trip like that someday.” The next thing I knew, Iwas off to Honduras where we built latrines in a village up in the

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

Would you like to volunteer but just don’t know where youwould fit in? Don’t want to do Family Law. I really need you andwe have a lot of areas besides Family Law. We will train you. Callor email me and we can talk about your interests and how we canhelp you learn a new area of law or come up to speed.

We desperately need an experienced Family Law attorney to staffour YWCA Domestic Violence Family Law clinic. This clinicmeets at the YWCA on the second and fourth Monday evenings(we would like a volunteer for one Monday evening a month).We try to have at least one experienced attorney there, often two.Sometimes we have a paralegal (we need a paralegal volunteertoo). Please contact me if you are interested and available.

Thank you for volunteering.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 MAY

DIRECT REPRESENTATIONPhil Foster, Todd Trierweiler

YWCA SAFECHOICE DV CLINIC:Sidney Dolquist, Marlene Hansen, Jeff Holmes, Katie McGinley

FAMILY LAW:Marlene Hansen, Lincoln Harvey, Eric Hoffman, James Lutes,Collin McKean, Travis O’Neal, Danielle Paradis, Deanna Rusch

GENERAL LAW:Hugh Potter

HOMELESS SHELTER:Heather Carroll, Peter Fels, Gavin Flynn, Dustin Kinger

HOUSING JUSTICE PROJECT:Gideon Caron, Tresa Cavanaugh, Ed Dawson, Phil Foster,Scott Matthews, Travis O’Neal, Michael Reid

HOME FORECLOSURE PROJECT:Janie Wilson

Statistics for MAY

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mountains. Honduras is the second poorest country in thewestern hemisphere after Haiti and it is very different from andeven poorer than Guatemala.

2. What did you hope to get out of the trips?A lot of people go because they have a religious calling. One ofmy daughters lived in El Salvador for seven years and all of thenon-governmental organizations (NGOs) she worked withwhere affiliated with some Christian group. That’s not me.

The people here are dirt poor. Many of them don’t even owndirt, they just rent it. When you cannot afford a latrine or awood stove, you know you are poor. So that was one reason,because they need the help so badly.

Another reason was just the sense of adventure. How manypeople have ever been to the mountains of Guatemala orHonduras? There is no real reason to go unless you are going tosee some of the old Mayan ruins like Tikal. But, I started askingpeople on the trips if they would rather be here or in Hawaii andso far, every one of them said that they would rather be here,whether it was Honduras or Guatemala so that gives you someidea of the value of the trips.

Another reason I go is that it gives me a better appreciation ofhow our ancestors lived for thousands of years. The people inGuatemala have some things they didn’t, some of them haveelectricity and some of them don’t. Some of them have runningwater, the people in Ojo de Agua do not. But, these communitiesare mostly self-sustained because there just isn’t much outsidehelp for them so they have to learn to live on their own. Onalmost every trip I come back with different experiences.

This is my eighth trip with MTI and I have been to Central andSouth America probably another seven or eight times.

We were working at a house in Guatemala building wood stoves.As noted above, most of the people here cook on an open firewhich is inside their dirt-floor, unventilated houses. Actually,the ventilation is the cracks between the boards nailed to the

frame of their house. Imagine starting a wood fire in the middleof your living room and having the only ventilation your openedwindows. The rooms fill with smoke and that’s what the people

breathe from the timethey are born. Some ofthe women carry theirbabies in a sling thatgoes over theirshoulder and aroundtheir back. I did notknow this until wewere working in such ahouse when a ladywalked in, took thesling off of her back and hung it on the wall. When it started tomove, I realized there was a baby inside that sling inside thatsmoke-filled room. On a trip to Honduras where we werebuilding latrines a young man who worked with us for aboutthree days asked if these were the kinds of latrines we had athome. I would never have guessed that he would have thoughtthat we lived like he does. There are so many stories that I don’tknow where to start and I wouldn’t know where to stop so Ibetter stop here.

3. What was the experience like?Seeing the armed guards Loren mentions was not unique. Thereare guns everywhere in Central America: outside gas stations,banks, stores, wherever there’s money. In San Salvador,neighborhoods hire security guards to patrol theirneighborhoods. If you don’t pay them, your house is burglarized.When I told my daughter three years ago that I was going tonorthern Guatemala on this trip, she told me that this area iswhere local people kill gringos because in the past, gringos wouldgo up there and steal their children to adopt them out. Well itturns out that that happens further north than where we were.

I always remember the roads and the time it takes to getanywhere. On our return trip, we went west from Chicamán ona country road. There were houses scattered on both sides of theroad and every house had a speed bump the size of bowlingballs. We barely crawled over every one.

Ojo de Agua is at about 4,800 feet in elevation. And it was steep.In one day in one short distance we climbed about 2,100 feet inelevation going from house to house working. That was fun.

I especially enjoy watching the interactions of team memberswith the local community. There are times when there is not awhole lot for us to do because we have so much help and asnoted above, the kids aren’t in school all that much. So one dayLoren was showing the kids how to make paper airplanes. He’spretty good at it too. Loren’s son, Gabrielle, had one young ladyhanging all over him. We have a lot of pictures of that.

ConclusionI think you can tell that Loren and I are pretty enthusiasticabout the trip and we both plan on going back sometime soon.We would both tell you that it is a unique experience and a veryvaluable one. If you have any interest in going on a trip, let usknow. We would be glad to talk to you about it, which issomething we never grow tired of.

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CCBA Board of Trustees Mtg, June 4, 2014 – 12:14 PM (Clark, Dunn, Fairgrieve, Mancuso, Mc Leod, Sasser) Lisa Darco,Le Ann Larson also present.

Motion to Approve May Minutes (DUNN/FAIRGRIEVE)APPROVED.

Treasurer’s Report (Nellor)J.D. provided a written report, and the board reviewed it. JD hasundertaken comprehensive view of FLS accounting. There’s adifferential in the P & L of about 6K – appears to be the golftournament as income and expenses appear in the different months.Insurance coverage needs to be revised. As we didn’t get enoughlead time to revise this year, we will flag a review in the fall to trimunneed coverage. More people have been paying by credit card fordues/events, so we have lost some income to CC fees. Accountantreview coming up. We will try to get a better deal.

Family Law Section Accounting (Nellor)FLS appears to be ~$2000 in the red considering all records from2001-2014. Running open loop can’t continue. FLS is not anindependent business entity, so cannot get its own bank account.CCBA could obtain separate account, and provide signature to FLStreasurer. This would force them to stay within budget. Will discusswith FLS.

Resolved: Identify a way to allow FLS to manage its funds withoutundue accounting support.

Tax Issue (Clark/Nellor)Form 1024 has been prepared. Peterson and Assoc. advises that wecontinue filing 990s regardless until the issue is resolved. Who’s thebest accountant for non-profits in Vancouver?

2014/2015 CCBA Board Candidates (Clark)Nomination committee met last month to consider issues.

Proposed Slate:President: Arin Dunn (automatic by operation of by-laws).Vice-President: Rick Mc Leod

Secretary: Le Ann LarsonTreasurer: Mark SampathTrustee: Laura Mancuso (third year of term - automatic)Trustee: Gideon Caron (second year of term - automatic)Trustee: Chad SleightImmediate Past President: Jane Clark (automatic)

Bar Poll for November Election (Clark)Candidates have requested a followup bar poll. Paper cost would beprohibitive for the potential benefit.

Motion: Electronic Ballot proposed for contested races ofJudge/Prosecuting Attorney. (CLARK/DUNN) APPROVED.

WSBA Solo & Small Firm Conference.WSBA has requested ad space in Hearsay. Not a problem. SteveHorenstein would like an email blast. As last year, not appropriateespecially as WSBA already sends an email.. Advise that an articlefor Hearsay would be fine.

Barrister’s BallNeed to identify the space and get on the radar of potential donorsso that they can budget. Assume that our budget will be the same.Venues were comparably priced, so no major change expectedthere. Biggest potential change is ticket price. Presume Heathmanagain at this point.

Staples – Potential Member BenefitCurrently, we partner with Office Depot for member benefit. Thishas not worked well – only 5-6 people tried to use and it’s fairly hardto sign up. Staples has an alternative program. $300/yr covers allour members. Paper discount is significant. $20/box rather than$40. CCBA would save $200 on its own paper usage.

Date for General MeetingSept 13, 14, or 15th. Wednesday 15th might be preferable if we areto have a judge panel after the meeting.

ADJOURNED, 1:20 PM.

CCBA Board Meeting MinutesRICK McLEODCCBA Secretary

Advertise in next month’s HEARSAYCall Lisa Darco at 360.695.5975 for rates and availability.

Battle Buddies Service DogsThe Washington State Bar Association has an initiative

program named CALL TO DUTY which hopes to haveWashington attorneys help military veterans and their familiesre-integrate into civilian life. There are over half a millionveterans in the state of Washington and an estimated 6,000troops will continue to convert to veteran status annually. Thesize and pace of this conversion will quicken due to the currentwithdrawal of troops from Afghanistan. The Afghan war has nowbecome the longest war in U.S. history.

Taking the initiative’s pledge to support veterans and looking foran appropriate project, I discovered a local grassroots non-profitprogram that provides service dogs to veterans suffering frommental and emotional problems, especially post-traumatic stressdisorders (PTSD). I volunteered to help and found out theprogram is called Northwest Battle Buddies and its mission is toassist Iraq and Afghanistan veterans suffering from PTSD toregain their health and emotional well-being by partnering themwith professionally trained and specifically matched service dogsat no expense to the veteran.

The founder of theNorthwest BattleBuddies program isShannon Walker, aprofessional dog trainerin Battle Ground.Walker said her fatherwas in the military andshe has the highestrespect for veterans.Seeing a need forservice dogs forveterans with PTSD,she started her programseveral years ago.

She said she has been amazed by the public support and thesuccess of the program on veterans. She said it was a humblingexperience to see one veteran with severe PTSD open up andstart to live again due to his concern for his Battle Buddy.

Walker says the biggest challengefor her program is funding as it’snon-profit and expensive to trainand place the dogs.

Contributions can be made to:Northwest Battle BuddiesPO Box 2511Battle Ground, WA 98604

The WSBA Call to Duty providesways to become aware of veterans'needs and to get involved. WSBA'spublic service programs can helpyou find an opportunity to servethat is right for you. Check out theCall to Duty page and take thepledge!

For more information, visitwww.wsba.org/calltoduty or e-mail [email protected].

ALFRED A. "ART" BENNETTHearsay Special Correspondent

Shannon Walker is founder of Northwest Battle Buddies.

“Battle Buddies.” Who can resist a smile like that?

• Use my legal skills to advise a nonprofit organization that serves veterans or his/her family.

• Mentor those who take pro bono cases that serve a veteran.

• Teach at a CLE on veterans' legal issues.

• Volunteer for one of Call to Duty's Days of Service or with the WA Will Clinics.

• Take a low-fee veteran's case through WSBA Moderate Means Program.

• Take a pro bono case from an organization that services veterans.

• Become certified to take a Veterans Administration benefits case.

TAKE THE PLEDGEI pledge to serve veterans this year in one or more of the following ways:

HEARSAY - JULY 2014 19 10 CLARK COUNTY BAR ASSOCIATION

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Over the past several months, students in the Clark Collegeparalegal program, with oversight from Paralegal ProgramDirector Layne Russell, Esq. and from two of the members of theSuperior Court Bench Bar committee, Emily Sheldrick and CurtisWelch, interviewed many of the Clark County Superior Courtjudges regarding practical aspects of jury selection procedures thatcan often vary by judge. The interview of Judge Suzan L. Clark isthe sixth of the interviews published in the Hearsay newsletter.More interviews will be published in the next issues.

All of the interviews will be also posted in September 2014 on theClark County Bar Association website. In the meantime if youwould like a copy of any of the previous published interviews(the interviews of Judge Collier, Judge Gregerson, JudgeJohnson, Judge Lewis, and Judge Nichols) please e-mail me [email protected] and I will be glad to e-mail to you a copy.

The process of collecting the information from the judgesinvolved the paralegal students, working in teams of twostudents, interviewing judges in person, asking the samequestions to each judge, and writing down the judge’s answers.The accuracy of the answers was then verified with each judgebefore publishing.

Please note that the published procedures are intended to provide ageneral overview of a judge’s preferred procedures for jury selection,and a judge may change those procedures over time, or may varysomewhat from the published procedures in a particular case.

We hope that you find the information to be useful in your practice.

1. Does the Judge ask preliminary questions of the jurors?If so, what preliminary questions does the Judge ask?Yes. I have a standard list with common questions and I alsoaccept input from counsel.

2. Does the Judge read a short statement to the jurorsregarding the nature of the case? If so, does the lawyer foreach side have input into the content of the statement?Yes. I explain the case in civil matters and I accept input fromcounsel; in criminal cases I read the charges verbatim.

3. Does the Judge inform the jurors of the expected length ofthe trial or does the Judge leave it up to the lawyers to do so?What other information does the Judge provide to the jurorsbefore the lawyers begin their part of the voir dire process?

I inform the jurors of the expected length of the trial. Iintroduce the parties on all sides and I introduce myself to thejurors. I will inform the jurors of expected witnesses and ask thejurors if they know any of the parties or witnesses.

4. Does the Judge require counsel to stand in place at thepodium during the voir dire or may counsel move aroundduring the process?Counsel is free to move about during voir dire in my courtroom.Only one judge that I know of in Clark County requires use of thepodium due to the physical structure of that courtroom (Dept 6).

5. What is the Judge’s preference between using jurornames or numbers for jurors?I use both names and numbers to make a better record.

6. How much time does the Judge allow for voir dire? Does theplaintiff’s lawyer/prosecutor always begin with the questioning?In general I allow 20 minutes per side for voir dire. In morecomplex cases I am willing to negotiate with counsel. Theprosecutor or plaintiff’s attorney goes first.

7. How does the Judge prefer to handle challenges forcause? Are jurors present when strikes for cause occur?I will wait until a break and deal with it outside of the jurors’presence. Jurors are not present when challenges for cause occur.

8. How does the Judge prefer to handle peremptory challenges?Does the Judge prefer that peremptory challenges be exercisedon paper? If done on paper, does the lawyer take one strikeand pass the paper to the other side’s lawyer, or is more thanone strike taken at a time? Are peremptory challengesexercised outside the presence of jurors?In my courtroom, peremptory challenges are handled with orwithout the jurors present in the courtroom. With the jurorspresent, lawyers will pass a clipboard back and forth. Withoutthe jurors present, I will handle peremptory challenges in opencourt, not in writing, because it gets on the record and it is faster.

9. Does the Judge allow striking of jurors seated outside ofthe jury box?No.

10. Is there anything else you would like to add? Any pet-peeves?No.

Clark County Superior Court Jury Selection ProceduresInterview of Judge Suzan L. Clark

CURTIS WELCHHearsay Special Correspondent


The meeting began shortly after noon. Persons present were JudgeJohn Nichols, Curtis Welch, Jolene Sell, Ann Christian, ThereseLavallee, Karen Campbell, Tom Phelan, and John Fairgrieve.

OLD BUSINESS:1. Competency Evaluations (WSH): Therese Lavallee andJohn Fairgrieve told the committee that the prosecuting attor-ney’s office and representatives of the criminal defense barplanned on reviewing applications shortly to see if a panel ofprofessionals to conduct competency evaluations could beagreed upon.

2. Publishing Jury Selection Procedures: Curtis Welchannounced that procedures for two of the superior court depart-ments were published last month in the Hearsay and that twomore would be published this month.

3. Legal Financial Obligations: Judge Nichols reported thata subcommittee headed by Judge Johnson is continuing to workon this issue. Additionally, he told the committee that there is astay in place on the issuance of any warrants based on a failure topay LFOs to make sure that the procedures currently being usedby the court are in compliance with applicable statutes and caselaw. Judge Nichols went on to say that while no new warrantswould be issued, existing warrants would not be quashed.

4. Readiness Hearings: Judge Nichols told the committeethat many of the same historical problems with the readinessdocket continue to exist, including a large volume of cases and ahigh number of continuances.

Therese Lavallee asked if the cases being called ready or contin-ued could be split apart from the cases that were going to bechanges of plea. Tom Phelan again told the committee that hefelt that there were not enough slots on the change of plea dock-ets during the week and asked if slots for three changes of pleacould be added to the morning criminal docket. Judge Nicholsreplied that he was not sure the judges would support therequest but he would talk to them about it.

Judge Nichols then told the committee that probably beginningTuesday, June 24th, the non-jury Judge will add up to 6 out-of-custody changes of plea to the afternoon docket starting ataround 2:30-3:00 PM as the docket permits. This docket has nothad many changes of plea cases in the past but he told the com-mittee that demand for out of custody change of plea slotsrequired that more time be allocated for this purpose.

5. New Superior Court Drug Court Coordinator: ShaunaMcCloskey, previously the district court therapeutic courtscoordinator, has been chosen to replace Brad Finegood as theSuperior Court Drug Court Coordinator.

6. Work release screenings: At last month’s meeting Tomasked why some of the judges are ordering that criminal defen-dants who receive work release as part of their sentence go intocustody to be screened for work crew. Judge Nichols stated thatthis was not an adopted judicial policy. Tom told the committeethat he had spoken to Scott Jackson, the chief criminal deputy inthe prosecuting attorney’s office, and that Scott had told himthat the decision to request that a criminal defendant bescreened for work crew in custody was left to the discretion ofindividual deputy prosecuting attorneys. Tom asked that thisdiscretion be taken away from the individual DPAs and that thePA’s office adopt a policy that all out of custody defendants bescreened for work crew out of custody. John Fairgrieve told thecommittee that he would discuss this request with the prosecut-ing attorney.

7. Controlled substance residue cases: Tom Phelan asked ifthe Prosecuting Attorney’s Office had a written policy concern-ing unlawful possession of controlled substance cases involvingresidue amounts of controlled substances. John Fairgrieve statedno, but that the policy in general was that residue cases would befiled as a felony and an offer to plead guilty to a misdemeanorwould be made after filing. John told the committee that certainfactors would preclude such an offer, such as if the defendantwas armed with a firearm or other weapon at the time of his orher arrest, whether the defendant was also committing othercrimes at the time of his or her arrest, if the defendant had exten-

SUPERIOR COURT BENCH/BAR COMMITTEE

MEETING MINUTESJUNE 8, 2014

JOHN FAIRGRIEVEHearsay Special Correspondent

intentions of retiring. (Quite frankly, I had a hard time keeping upduring our tour.) While he’s not sure exactly what year the housewas built, he thinks it was somewhere before 1910. In fact, wescoured the sidewalk together looking for a date stamp so at leastwe could know when the sidewalk was poured. Found it—1913.

Fascinating facts:• Steve purchased thehome in 1975 alongwith his law partnerMike Hicks for mere$34,000.

• Just prior to hispurchase, the home hadbeen used by YouthOutreach, a group home for troubled teenage boys. In fact,Steve showed me where many youth would sleep on the lawn onthe north side of the house when it exceeded capacity in thesummer months.

• After buying the house, Steve finished the basement into a libraryand conference room and built a stairway for access. He alsoeventually tore up the carpet to expose the original hardwoodflooring. Other than these improvements, Steve has opted not todisturb the original condition of the interior. And with good reason.Whoever built the house had an appreciation for woodworking. Firplanks and solid panels of wainscoting grace the entire home.

• Steve spent most of his restoration efforts on the exterior,replacing siding, capping the chimneys, and making otherimprovements to help it withstand the elements better. In the1980’s you could even find Steve standing on a 20+ foot ladder,painting the eves. Seeing Mr. Busick that far off the ground wasenough to compel the lady next door to snap a quick picture. • The home was originally heated by coal, and you can still seethe original coal chute from the outside.

• If you’ve ever noticed a similarity between Loren Etengoff’snew office on McLoughlin Blvd. and Steve’s office—it’s not acoincidence. Steve’s ‘four-square design’ office was the basis forthe design of Mr. Etengoff’s new building.

• A 2 story carriage house originally existed behind the building.

You can even still see remnants of the steel rings used to tetherhorses to the curb. Sadly, an arsonist torched the structure in thelate 70’s. Insurance was not sufficient to cover it. So Steveopted not to rebuild it. Instead he parks his fire-engine redVolkswagen Beetle in that spot each day.

• There’s a long list of Vancouver attorneys who have had officesin this house. Like Art Miller, Steve Horenstein, Ben Shafton,Jim Hamilton, Steve Bogdon, and Jerry Miller. In fact, headupstairs and you can even see where JD Nellor, painstakinglyscraped the paint off the window, door, and baseboard trim sohe could enjoy the beauty of the original woodwork. You canalso see the conference table that Steve Horenstein had ScottHorenstein construct while in law school.

• The office currently houses Frances Hamrick (who joined Stevein 2008) and Doug Palmer (who joined the firm in 2010). Thethree now work as the partnership, Busick, Hamrick and Palmer.

• What’s Steve’s favorite part of the house? Without a doubt,this guy loves his office—perched upstairs and enjoying asouthern exposure. “It’s not the largest office in the home,” heexplains. “But I chose it because of all the light it gets.” So ifSteve seems a little happier than the rest of us in the wintermonths, that’s why. “I find it really comfortable,” he says.

• Steve also likes what the building offers his clients. “Workingpeople appreciate more the older home that we practice in ratherthan the business and corporate clients that I used to represent. Theoffice feels more like home, and they are more comfortable here,than in a modern office building. Most of our client are off work dueto injuries or occupational diseases, and they appreciate not havingto plug parking meters downtown or drive into a parking garage.”

How has Steve changed?:Q: As you look back on your life and law practice, how have yougrown/changed?A: “I have learned to roll with the punches more, or maybe it is a‘rope-a-dope’ style of practice.”

Q: Who in your career took the time to “improve” you?A: “I have appreciated all of the judges I have appeared before,and all of the attorneys I have worked with, though the numberof attorneys I have contact with is limited any more.”

Q: Moving forward, what’s next? What one thing do you want toimprove as you look to your horizon?A: “Keep doing what I am doing, but do a better job of voir direexamination of jurors, and use focus groups more, if that justmeans testing my case with other people.”

Q: Other thoughts to share with our readers that wouldcompliment this article?A: “The best advice I can give to a young attorney is you have tohave passion for what you do, and never, never give up on a case.Of course juries decide issues of fact. Early on in my career, aSenior Federal Judge said to me, ‘The law is like a jealous lover.’I do not think I really understood what he meant at the time.”


sive criminal history, and others. Tom stated that the PA’s officeneeded to talk to its DPAs about the policy to insure that theyare familiar with it and to insure that it is applied consistently.John said that he would see that this was done.

8. Special Sex Offender Sentencing Alternative (SSOSA)review hearings: It was reviewed that there is a statutoryrequirement for the sentencing court imposing a SSOSA sen-tence to review the defendant’s progress in treatment on anannual basis. Judge Nichols told the committee that unless theState indicates to the court that it will be moving to revoke adefendant’s SSOSA sentence the court will not appoint defensecounsel to represent defendants at these hearings.

9. Child abuse cases: John Fairgrieve told the committee thatthe number of child sexual and physical assault cases filed by thePA’s office this year was about the same as last year at this time.Ann Christian told the committee that her statistics revealed a2% increase in felony indigent defense cases filed over last yearbut that a large number of the cases were filed during a shortperiod late last year and early this year. These cases continue towork their way through the system.

10. Bail in criminal cases: In response to the concerns TomPhelan raised last month Judge Nichols told the committee thathe had addressed the matter with his fellow judges and that they

agreed to review the applicable court rules. Tom asked if anyoneknew what percentage of inmates in our county jail were there asa result of pre-trial confinement on pending cases. ThereseLavallee stated that she would try to get this figure for Tom andthe committee.

11. Pro Se Litigants in Family Law Cases: Ann Christian andKaren Campbell told the committee that they were still in theprocess of gathering information on what information othercounties provide to pro se litigants and how that information isprovided to them. Jolene Sell told the committee that ourcounty’s court website has links to other websites with helpfulinformation, including a link to the Washington State court web-site. Jolene also briefly mentioned the Plain Language Project, aninitiative of the Administrative Office of the Courts to make legalforms easier to understand and thus friendlier to pro se litigants.

NEW BUSINESS1. The committee decided to take its traditional break for theremainder of the summer. The committee’s next meeting will beheld on September 9, 2014 at 12:00 p.m.

Respectfully submitted,

John Fairgrieve

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• The remodel wasn’t a walk in the park, however. It took anentire year to rebuild and required that Kurt nearly completelygut the space. Given that Kurt’s existing office at the time wasdown the street, he and his staff were able to watch the excitingtransformation almost daily.

• While Kurt doesn’t believe in ghosts, one of his assistants suredoes. As a devout Catholic, she had a priest administer holy waterto each room prior to taking occupancy. “If there ever was a ghost,there’s definitely no chance of him being there now,” Kurt explains.

• What is Kurt’s favorite thing about his office? LOCATION,LOCATION, LOCATION. He knew he wanted an office near

the courthouse. But there were not a whole lot of officesavailable. The Centennial House was just a stone’s throw fromthe courthouse, was the perfect size, and provided Kurt theopportunity to remodel it so it would meet his needs.

• What does he like about officing in a restored home? “I don’t likethe idea of being the product of a ‘dilbert’ office world,” Kurt explains.“I used to work on the east coast. In Washington D.C. we woulddrive to a secured parking lot, and ride a secured elevator, to a securedoffice space. I really prefer working in this kind of environment.”

How has Kurt changed?”Q: As you look back on your life and law practice, how have yougrown/changed?A: “I care significantly more about achieving what my clientneeds than upon winning at all costs.”

Q: Who in your career took the time to “improve” you?A: “Two people. One an attorney in Seattle who was an excellentmentor on how law should be honorably practiced. The second acriminal defense attorney, now judge, who took me under herwing and both convinced me to take a felony contract andshowed me how to do it right. I owe a big debt of thanks to both,and to many others.”

Q: Moving forward, what’s next? What one thing do you want toimprove as you look to your horizon?A: I would consider it a major improvement to learn how todeal with dishonest lawyers with grace.

Q: Other thoughts to share with our readers that wouldcompliment this article?A: If you can't represent someone honestly, you shouldn'trepresent them. Honor has no price tag.

Steve Busick and 1915 Washington Street

At the age of 72, some might argue that Steve Busick is not awhole lot older than his house. But you’d never be able to tell. Hedoes all the grounds work and gardening at his office and has no


We sat down with Jeanne Weyers, our B2B Sales Consultant to get thedetails on the benefits of the program and the procedure for ourmembers to take advantage of this new relationship.

Tell us a little background about STAPLES and how long you’ve been with them.STAPLES is the pioneer of the office supply superstore and has beenaround for about 30 years. We are ranked #127 on the Fortune 500 listand have a continually growing on-line product selection of over850,000 items. I have been with STAPLES for over 7 years and in Marchof this year transferred from Green Bay, Wisconsin to the PacificNorthwest with them. While I now love the Pacific Northwest, I am sorrySeahawk fans, but I can’t apologize for my green and yellow blood as Iwill forever be a true “Packer Backer”.

Can you please explain how the discount works for our CCBA members?At no cost to your members, they are able to take advantage of instant3% savings for all orders over $250, a 10% discount for copy and printat all U.S. Retail Stores for items such as business cards, forms andcustomized documents. Cleaning and break room supplies are 10% offretail pricing. CCBA Members may request an ink and toner collectionbox and either a driver will pick them up or they can print out a postagepaid delivery slip to attach to their own box. There are Member Onlyexclusive offerings as well as utilizing the STAPLES Advantage accountwebsite that allows for either direct billing or credit payments at the timethe order is placed. For their convenience, once they are a registeredcard-carrying member, they are able to shop either on-line or in a retailstore at the discounted prices.

What is an interesting fact to share with our readers?Did you know that ALL of the STAPLES copy papers are manufacturedright here in Camas, Washington using locally sourced raw materials?

This means that the paper is not only made here but the trees for thepaper are also logged here using not only Oregon’s and Washington’ssustainable principals, but also STAPLES high standards forsustainability. One such sustainable practice is for every tree loggedanother is replaced. STAPLES does NOT use any logging operationsthat do NOT protect the environment. The STAPLES brand paper isalso backed by most major copier and printer manufacturer’s warrantybecause of an extra process that reduces paper particle dust. Thereduced dust extends copier life. Paper cost to CCBA members isspecial priced at $29.99 per case until Labor Day 2014.

Do you have a memorable STAPLES story you would like to share?Actually I do have one. Did you know that if you are a STAPLES B2Bconsultant that keeps “EASY” buttons in the trunk of your car, everytime you go over a bump in the road it will “talk” to you? True story….I was traveling for business to see clients and had been given someof the STAPLES “EASY buttons”. I had about 3 or 4 of them packedloosely in a box in the back part of my car. As I was driving fromappointment to appointment, whenever I would drive over a rail roadtrack or hit a bump in the road, every single one of these buttonswould be depressed from the rattling around in the box and wouldtell me “that was easy”. I would giggle to myself and instead ofdreading the next bump in the road I anticipated a journey full ofsmiles. It was that “EASY”.

How do our members take “advantage” of the STAPLES Advantage program offered to our members?That’s “EASY”, just contact me and I will set up each member with theirown individual account using the CCBA’s Premium MembershipSTAPLES Advantage Account Site. I can be reached via email or directphone at [email protected] or (503)731-6214.

The CCBA is pleased to announce our newest Member Benefits vendorWell I’ve certainly grown/changed since my days as a younglawyer. True, a lot of the growth has been in my belt size. Otherchanges I’ve noticed are loss of hair, receding gum lines, and a lowback that always hurts. And don’t even ask me about my colon!As far as what mental changes I’ve noticed, there have been many.Mostly due to the experience, wisdom and maturity that comeswith age. Granted, I still have problems with maturity and otherattorneys will tell you my wisdom takes frequent days off. But let’sface it, young attorneys tend to be full of vim and vigor. Theyoften have little patience. And they tend to let emotions get in theway of smart decisions. I know because I’ve been one of thoseyoung attorneys and have had to live with the mistakes I made.Learning to listen more and talk less is another skill that getsbetter with age. So is the ability to just be yourself. But lookingback on my career I’d say the biggest change I’ve noticed is mylove of people has increased. People are all that matters. So benice to each other and help each other out when needed. Lookfor the good in people. We’re all in this crazy profession together.

As far as technical changes, I’ve noticed nobody seems to use carbonpaper anymore. Or that thin onion skin paper for the file copy. Andit’s difficult to get parts for a Smith Corona. They still sell white out.But it can make your computer screen messy. I believe my ex-partner was the first one in town to purchase a word processor. Thebrand was Wang and the machine was huge. I mean it was desk size.And it was as loud as a small jet engine. It was so loud we had to havea custom box built around it to contain the sound. Otherwise thestaff couldn’t talk on the phone. That was until we found out closingit up would cause it to overheat and void the warranty. Fortunately,by that time is was obsolete anyway. I can recall dictating everything.You’d take forty five minutes to dictate a long client letter and send itout to the secretary. You get it back and have to make changes orcorrections and then send it out again. This happened at leastonce and often twice, meaning the whole letter had to be retyped.Sometime later, you’d get the final with only a few correctionsneeded, hence the white out. Right about then you’d get a phonecall from the client and the letter was obsolete.

Q: Who in your career took the time to “improve” you?One of the nice things about practicing in Clark County is thecollegiality. I still call up other attorneys when I can’t figuresomething out. I take lots of calls as well. There were manypeople who helped me over the years. My ex-partner Jim Sellersof course was my first mentor. He hired me right out of lawschool when I didn’t know a tort from a snorkel. DuaneLansverk is a guy I used to call on a lot too. I still call on CraigSchauermann. These folks were nice enough to take my callsand talk me off whatever ledge I was on.

Q: Moving forward, what’s next? What one thing do you want toimprove as you look to your horizon?I am still learning every day. Quite often I learn things fromyounger lawyers. Probably because I’ve been doing many thingswrong for a long time. Lawyers can get stuck and continue to dothings a certain way just because that’s how we’ve always done it.One topic I would like to get better at is voir dire. I think I’mpretty good but then I go to a CLE and hear speakers say I’mdoing it all wrong. I’d also like to improve my rebuttal skills in

closing argument. That’s an area I’ve always struggled with.Finally, I would love to figure out how to not procrastinate.Someone told me once to take baby steps. I think that is thebest advice I’ve heard on this. Instead of becoming addicted toanxiety and inaction, knock off one little chunk at a time. It doestend to help. And be a “to do” list maker. What would we dowithout these things.

Kurt Rylander and the “Centennial House”

I thoroughly enjoy running errands to the post office. And it’snot because the postal employees are so delightful and happy.It’s because across the street and to the south, sits a beautifulturn of the century home-turned-office, with a big sign out frontthat reads, “Centennial House.” This is where intellectualproperty attorney Kurt Rylander spends his days.

Fascinating facts:• Having outgrown his office space at 1014 Franklin, Kurtpurchased the home with his late father.

• The house was actually formerly used as office space by theClark County Bar Association.

• What’s with the name? It was originally built in 1904. Butwhen Kurt and his dad renovated the home, it was 2004—exactly one hundred years later. Thus the name, “CentennialHouse” was born.

• You can tell just by walking through the home that one of Kurt’smain objectives was to make the house highly functional andcomfortable. For example, most older homes have steep, narrowstairs that make you fear for your life. Kurt made wide, gentlestairs that are easy on the knees. He also included pocket doorsthat minimize obstruction and improve the flow of the space.

• Kurt also made the space remarkably light and inviting by addingbig windows and open spaces. One of my favorite improvementsis a large, light and airy conference room that boasts 2 hugewindows and a large set of pocket doors. There’s enough light inthere to make any deposition a pleasant experience.

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I have a confession to make.

When I was working at the CCBA office, I was sometimes latefor work. But it wasn’t because of traffic or because I had a hardtime getting the kids out the door. In fact, I generally pulled intothe parking lot on time. But sometimes if it was a beautifulmorning, or if I was feeling a bit wistful, I would sit in my parkingstall for a moment and stare. Not into space, mind you—but ata beautiful old home that sits on the corner of 9th and Franklin.It is a lovely turn of the century home--with a huge maple tree infront, an inviting porch that begs me to come sip lemonade, anda little stain-glass window in the dormer. But this house is nolonger a “home.” It is a law office, owned and lovingly restoredby Don Jacobs. I have often wondered what it’s like to work insuch a beautiful building that has so much character and soul.“Does Don Jacobs ever sip lemonade on his porch?” I’vewondered to myself.

I’m a sucker for old homes. And I especially have an affinity forold homes that have lovingly been given a second chance.Downtown Vancouver boasts many homes that are doing justthat. They are making another go of it--keeping the best parts ofthemselves and moving forward to serve their people in adifferent and often improved way. Many of them are now livingout their days as attorney offices. I’ve always wanted to tourthese homes, learn a bit more about their history, and see howthey’ve improved over time.

This is when writing for Hearsay really has its benefits. It gaveme the perfect excuse to tour every historic home-turned-law-office that I had ever admired. The attorneys who work in theseoffices generously spent their time with me, giving me tours,telling me stories, and resisting the urge to make fun of me whenI caressed the banister or pressed my ear to the wall to see if thehouse could actually talk.

Speaking of which, I think I actually heard something.

Okay, okay—not with my ears. It was more like I feltsomething. A whispering of sorts, that began as a quiet

rumbling and grew into a full-blown, and quite unexpected,epiphany. As I walked through these homes, it dawned on methat I’m really not much different from them. First of all, I’mstarting to creak a little in places. But that aside, I’m like them ina much more significant way. You see--I am re-entering thepractice of law after taking time off to raise my kids. When Ithink about it, this is my “second time around,” of sorts. And asI walked through the halls of these beautiful homes, I couldn’thelp but feel they were whispering to me: “How have youchanged? How will you be better?” It gave me pause. I foundmyself contemplating the questions. I realized that when Ipracticed earlier as a younger attorney, I was more focused onmaking money, paying off student loans, and just trying to crestthe learning curve. But this time around, I feel much differently.The money’s not so important anymore. I want to practice withmore purpose, more focus on people, elevate the profession, andI want to enjoy the learning process more—not just conquer it.

As I processed this newfound understanding and prepared towrite this article something else dawned on me. Thesequestions don’t just apply to me. They apply to all of us, really.I believe that as time marches on, life affords us the opportunityto progress and become better, both in our personal lives and inour professions. As a result, (and much like these homes) we areable to serve our clients more effectively.

So this article ended up becoming something I hadn’t expected.It isn’t just about old homes. It’s about their people-- thelawyers who love them. And this article isn’t just about howthese homes have changed. It’s about how these lawyers havechanged, too. But lest you should think this article stops there, Iinvite you to let it be about more than just that. I invite you tolet it be about you. It’s my hope that as you enjoy seeing thechanges in these homes and their attorneys, you will considerasking yourself these same questions. How have you changed?. . . How will you be better?

“Nobody can go back and start a new beginning, but anyone canstart today and make a new ending.” -Maria Robinson

PART 1 of 2

This Old House:A look at historic homes-turned-law-officesand the attorneys who love them

HEATHER J. NORTONHearsay Special Correspondent

Don Jacobs and the NW Injury Law Center

In 2010 Don Jacobs found himself in need of an office. One dayhis wife happened to be walking by a lovely historic home-turned office on the corner of 9th and Franklin, when she raninto Steve Thayer, attorney and owner of the home. They struckup a conversation and she mentioned that Don needed an office.“He can buy this one,” Steve said. (It wasn’t even for sale). Andthe rest, as they say, is history.

But Don didn’t just buy the house and start painting walls. Hedid substantial research, spending hours at the Clark CountyHistorical Library. It took eight months to remodel and is, in aword—stunning! But Don is quick to give the credit to theobviously gifted Valda Phelan (Vancouver attorney TomPhelan’s wife) who restored the home with attention to detail inevery square inch. She updated the home but was very careful topreserve the same look and feel of that era. “She did a fantasticjob,” Don says. “It was all her. I just wrote the checks.”

Fascinating facts:• The house was originally built by George DuBois, president ofthe DuBois Lumber Company, in 1904.

• It sits immediately to the west of The Lloyd Dubois house(built by George DuBois’ brother) which is now occupied byWheeler, Montgomery, Sleight and Boyd.

• As you drive by, take notice of the little outbuilding behind thehouse. No one really knows the story behind it, or how it came to be.It is not in any historical pictures. But Don has a theory. DuringWorld War II, the population of Vancouver exploded and houseswere often converted into apartments to accommodate the residents.This house was no different. (In fact, the room that is now used to

house snow shovels and rocksalt appears to have once beena communal shower, of sorts.)Don speculates the extrabuilding was added foradditional housing during thewar. Interestingly, theoutbuilding does not have afoundation. Rather it is builton three enormous slabs oftimber. Today, the delightfullittle structure is occupied byattorney Linda Staples. Butyears ago, attorney ScottHorenstien studied for the barexam on the upper floor.

• The house itself actuallyhas a long list of attorneyowners. Beginning withScott Horenstein, followedby John Nichols, Steve Thayer, and finally Don.

• One of the most striking features of the interior is a fireplace.Originally located on the main floor, Don had it moved upstairswhere it now serves as a focal point of his office. At some pointin its history, the chimney collapsed. And during renovation,Don’s team discovered an old gun in the ruins. You can visit itin the Clark County Historical Museum.

• Don does get the occasional visitor, inquiring about the house.His favorite was the old lady who dropped by one day asking fora tour, “just to see how much it had changed.” She had spent herchildhood in that home. He graciously obliged her and enjoyedhearing what she had done as she had grown up there.

• On Wednesday nights you might hear a raucous coming from thebasement of Don’s office. But don’t be alarmed. It’s just his band.He’s a pretty talented drum player and has performed with a numberof groups over the years. (My personal favorite is the “ThunderingLove Hammers” which was occasionally misquoted as the“Thundering Love Handles.”) The band room is one of Don’sfavorite things about the house. And with good reason—it is comfy,offers a great place to unwind, and is flanked by a nice kitchen with arefrigerator full of beer. (Okay, I didn’t actually check the fridgeto see if it was full of beer. But I do know that Don once wrote aHearsay article on Vancouver breweries, so I think it’s a safe guess).

• What else does Don love about this place? Well. . . a lotactually. The woodwork, the grounds, and the parking (apremium here in Vancouver). Plus, it’s close to Saturday Marketand the courthouse. “It’s just a joy to come to work here, “ hesays. “The home is just so beautiful. It’s not your typical sterilework environment. I just love this place.”

How has Don changed?:Q: As you look back on your life and law practice, how have yougrown/changed?