Month: October 2018

Did you ever think a law book could be entertaining? And if, against all odds, you found an entertaining law book, what do you think its topic would be? You probably wouldn’t have guessed “common-law indemnity.” Well, Annie & the Octopus is here to surprise you. In engaging fashion, this book gives down-to-earth advice on asserting and defending a common-law indemnity claim. It tackles complex statutes and confusing case law to cover the following subjects:

• history of common-law indemnity
• elements and proof required
• statutes of limitation and repose
• vouching in
• settlement of the underlying case
• defense-cost indemnity
• predictions for the future of indemnity

This is not your typical law book. If you want a stodgy old tome of dry legal writing, look elsewhere. You might just find yourself reading Annie & the Octopus for fun.

TABLE OF CONTENTS

1          Introduction
2          Common-Law Implied Indemnity—Bygones and Backdrop
3          Fault: The Illusive Chameleon
4          Pleading and Proving an Indemnity Claim
5          Surviving an Eclectic Shock
6          Statutes of Limitation and Repose
7          Common-Law Vouching-In: “Indemnity Made Easy” (and Other Lies)
8          Vouching “Out” or “A Fool and His Vouch Are Soon Parted”
9          Pleading and Proving Indemnity after Settlement of the Third-Party Claim
10        Recovery of Defense Costs
11        Indemnity: Back to the Future—“Salvation and Soothsaying”
12        Astoria Revisited—“Paradox, Problems, and Proposals”

A special thank you to our volunteer authors for their time and contributions to this new offering:

E. Richard, Bodyfelt, Barry M. Mount, and Roger K. Stroup

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

If you assist clients in estate planning matters, chances are you’ll also administer many of their estates. From initiating a probate proceeding to managing and distributing estate assets, Administering Oregon Estates will help you guide the personal representative through the process.

This supplement highlights changes to Oregon law resulting from legislative amendments made in 2013 through 2018, including the following:

• New procedures allowing the proponent of a writing that does not comply with the formalities of a validly executed will to establish that the decedent intended the writing to constitute the decedent’s will, a partial or complete revocation of the will, or an addition to or an alteration of the will.
• Updated bonding requirements in probate proceedings.
• Amendments to statutes regarding notice in probate proceedings and will contests.
• New provisions regarding attorney fees, advance directives, and the personal representative’s compensation
• Provisions relating to when a child “conceived from the genetic material of a decedent who died before the transfer of the decedent’s genetic material into a person’s body” is entitled to an interest in the decedent’s estate.

TABLE OF CONTENTS

1. Alternatives to Probate
2. Probate Jurisdiction and Procedures
3. Preadministration Procedures
4. Intestate Succession, Wills, and Community Property
5. Initiating Probate and Small-Estate Proceedings
6. Special Considerations
7. Initial Responsibilities and Liabilities of Personal Representative
8. Rights of Interested Persons
9. Claims Against the Estate
10. Managing Estate Assets
11. Accounting, Distribution, and Closing
12. Federal Estate Tax
13. Generation-Skipping Transfer Tax
14. Oregon Estate Tax
15. Litigation

A special thank you to the following editors and authors for their time and contributions to this new edition:

Jonathan S. Levy; Philip N. Jones; Kate Kilberg; Kimberly Pray; Jennifer Woodhouse; Holly Mitchell; Eric Wieland; Lisa N. Bertalan; Janice Hatton; Nicholas Frost; Timothy J. Wachter; Katharine West; Sam Friedenberg; Amy Bilyeu; Steven A. Nicholes; Vanessa A. Usui; Richard W. Miller; and Sibylle Baer.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.

Most lawyer-client disputes involve fees. A clear, written agreement between lawyer and client can help prevent misunderstandings, fee disputes, and malpractice claims. The fifth edition of Fee Agreement Compendium is an essential practice tool that covers important information Oregon lawyers need regarding ethics issues, billing costs, credit issues, retainer letters, and IOLTA. Here are just a few reasons why you need this new edition:

• There are now 42 forms, conveniently provided in a downloadable zip file, including general fee agreements, checklists, sample clauses, and specific fee agreements for nine discrete practice areas.
• Each set of forms is preceded by clearly organized notes and comments regarding usage.
• Agreements and letters are written in plain language so that a client can understand the document.
• Essential bankruptcy disclosure statements are included in the bankruptcy chapter, along with the fee agreements.
• Four engagement letters, six nonengagements, and three disengagement letters are included.
• All ethics rules and ethics opinions citations have been updated.

TABLE OF CONTENTS

1. Ethics Issues Arising in Fee Agreements
2. Billing Costs
3. Truth in Lending Act and Attorney Fee Agreements
4. OSB Fee Dispute Resolution Program
5. Drafting Tips for Fee Agreement
6. Retained or Not Retained—You May Need to Prove It
7. IOLTA in Relation to Fee Agreements
8. Contingent Fee Agreement
9. Hourly Fee Agreement
10. Limited Representation Fee Agreement
11. Fixed-Fee Agreement
12. Agreement between Lawyers to Divide Fees
13. Domestic-Relations Fee Agreement
14. Independent-Adoption Fee Agreement
15. Probate Fee Agreement
16. Criminal Law Fee Agreement
17. Entity-Formation Fee Agreement
18. Workers’ Compensation Fee Agreement
19. Social Security Fee Agreement
20. Third-Party Personal-Injury Fee Agreement
21. Attorney Fees in Bankruptcy

A special thank you to the following editors and authors for their time and contributions to this new edition:

Dayna E. Underhill; Dawn M. Evans, David Elkanich; Amber A. Hollister; Allison Martin Rhodes; Calon N. Russell; Richard Slottee; Richard G. Spier; Sheila M. Blackford; Mark R. Wada; Daniel F. Kellington; Karen O’Kasey; Holly Pettit; Peter R. Jarvis; Mark J. Fucile; Michael A. Greene; Collin McKean; Tabitha L. Koh; Steven G. Bell; Whitney Boise; Josh Ewing; Derek D. Simmons; David W. Hittle; Hon. Peter C. McKittrick.

Order your copy today by visiting our online bookstore. You may also contact our CLE Service Center at (503) 431-6413 or 1-800-452-8260, ext. 413.