Assistant Disciplinary Counsel Opening

Were you the first to buy a copy of Oregon Rules of Professional Conduct Annotated when it came out last year? Is your copy of The Ethical Oregon Lawyer dog-eared? Then maybe this new opening at the Oregon State Bar is just the career move you’re looking for.

Assistant Disciplinary Counsel – Litigation

The Oregon State Bar is looking to fill the position that will provide counsel to the Bar in the evaluation, investigation, and, where appropriate, litigation through trial and appeal of ethics complaints made against Oregon lawyers.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

 

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Diversity & Inclusion Recruiting

The Oregon State Bar is seeking applicants for two positions in the Diversity & Inclusion Department. If you have a passion for diversity issues or know someone who does, check out these postings.

Diversity & Inclusion External Coordinator

The Oregon State Bar is looking to fill the position that will provide external support for the Director of Diversity & Inclusion and the department. This position serves as a representative and liaison on behalf of the department to external stakeholders who currently partner with the department.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

Diversity & Inclusion Internal Coordinator

The Oregon State Bar is looking to fill the position that will provide internal support for the Director of Diversity & Inclusion and the department. This position serves as a representative and liaison to internal stakeholders to the Diversity Action Plan.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

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OSB Seeks Admissions Manager

OSB Seeks Admissions Manager

The Oregon State Bar is looking to fill the position that will perform the functions of the Executive Director of the Board of Bar Examiners (BBX) as set forth in the Rules for Admission. This position will provide administrative, management, and staff support for the Admissions Department of the Oregon State Bar (OSB), in compliance with BBX directives and within policy guidelines applicable to OSB departments.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

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Damages, 2016 Revision

Available Now!

Damages will help you:

  • Evaluate a case quickly and competently.
  • Analyze both plaintiff and defense strategies in damage claims.
  • Determine the types of damage awards and remedies available to your client.

From compensatory damages to punitive damages to nonmonetary remedies, the award of damages is what brings your client to the civil courtroom. Damages is your essential resource to determine the types of damage awards and remedies that may be available to your client.

Table of Contents:

  1. Compensatory Damages
  2. Nominal Damages
  3. Punitive Damages
  4. Pain and Suffering
  5. Mental Distress
  6. Loss of Earnings and Earning Capacity
  7. Medical Expenses
  8. Impaired Living Capacity
  9. Contributory Negligence and Comparative Fault
  10. Loss of Service
  11. Wrongful Death
  12. Defamation and Invasion of Privacy
  13. Civil Rights and Employment Discrimination
  14. False Imprisonment
  15. Interference with Contractual and Business Relations
  16. Securities Laws
  17. Physical Injury To or Loss of Chattels
  18. Dispossession of Personal Property
  19. Invasions of Real Property, Including Environmental Damage
  20. Condemnation
  21. Tortious Injury to Property in Admiralty
  22. The Standard Fire Insurance Policy and other Direct-Loss Policies
  23. Contracts for the Sale of Goods
  24. Employment Contracts
  25. Construction Contracts
  26. Land Sale Contracts
  27. Special Damages for Breach of Contract
  28. Loss of Profits
  29. Liquidated Damages
  30. Attorney Fees and Costs
  31. Prejudgment Interest
  32. Mitigation of Damages
  33. Collateral Benefits and the Collateral-Source Rule
  34. Additur and Remittitur

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.

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OSB Seeks OLF Assistant Director

Assistant Director—Oregon Law Foundation and Legal Services Programs

The Oregon State Bar is looking to fill the position that will work with the Director to achieve the objectives of the Oregon Law Foundation (OLF), the Legal Services Programs (LSP), and other access to justice initiatives. If this position speaks to your passion and experience, we encourage you to apply.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The Oregon State Bar is an Equal Opportunity Employer.

 

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Oregon Real Estate Deskbook Wins Award

OSB Legal Publications has once again been recognized for our commitment to publishing quality legal resources. We received an award for a book we released in 2015.

The Association for Continuing Legal Education (ACLEA) has selected Oregon Real Estate Deskbook as the winner of its ACLEA’s Best Award of Outstanding Achievement in Publications. A plaque commemorating the award was presented at ACLEA’s Annual Meeting in Seattle, Washington in August and is on display in the lobby of the OSB Center.

Of course, Legal Pubs couldn’t have created this highly informative and innovative book without the help of our many volunteer editorial board members (in bold) and authors: Thomas E. Bahrman, Dustin R. Klinger, Andrew I. Davis, Dina E. Alexander, Peter R. Jarvis, Lee Aronson, Patricia A. Ihnat, C. Cleveland Abbe, Dean P. Gisvold, Jonathan M. Radmacher, Michael G. Magnus, Michelle D. Da Rosa, Robert W. Wilkinson, Amy Heverly, Damien R. Hall, Mark A. Manulik, Paul B. Barton, John B. Benazzi, Rebecca S. Schwarzkopf, Don G. Carter , Jeffrey S. Davis, Benjamin Leedy, Thomas S. Hillier, Christopher R. Ambrose, John A. Lusky, Jonathon L. Goodling, Valerie Athena Tomasi, Marisol Ricoy McAllister, Eleanor A. DuBay, Cody Hoesly, Steven A. Moore, Barry L. Groce, Bennett H. Goldstein, Brent Summers, Jason Alexander, Mike G. Halligan, Rich Canaday, Ryan Nisle, James M. Walker, Charles M. Greeff, Mike Silvey, Jeremy Bader, Thomas S. Smith, Kimberly McCullough, Richard Bailey, Robert W. Wilkinson, Jacob A. Zahniser, P. Stephen Russell III, Rebecca Biermann Tom, Howard M. Feuerstein , Steven F. Hill, Hong N. Huynh, Jennie Bricker, David E. Filippi, Kirk B. Maag, Jerry R. Fish, Eric L. Martin, Christopher C. Criglow, Greg Fullem, Richard Allan, Phillip E. Grillo, Lauren E. Johnson, Phillip C. Querin, William D. Miner, Kathleen L. Wilde, Clifton Molatore, Jeanne Kallage Sinnott, David W. Hercher, John Casey Mills, Teresa H. Pearson, William H. Caffee, Ann E. McQuesten, Jim L. Guse, Ronald A. Shellan, Jeneé (Gifford) Hilliard, John H. Gadon, Adam C. Kobos, Eric J. Kodesch, William F. (Fritz) Paulus, Edwin C. Perry, Neil N. Olsen, Sean M. Mazorol, Jill S. Gelineau, Marilyn Moylan Wall, Harold D. Gillis, Alexandra E. Sosnkowski, Robert R. Griffith, Alec J. Shebiel, and Michael H. McGean. Thanks to all of you for your hard work and dedication to this volunteer effort.

For many years, the Oregon State Bar published a loosely related series of real estate books, each published at different times, with different editorial boards, and with a different focus. In addition, we published a book titled Foreclosing Security Interests, which included real estate foreclosure topics.

In late 2012, we assembled a new editorial board interested in a complete reorganization of the series into a comprehensive multi-volume deskbook designed to meet the evolving needs of Oregon real estate attorneys. The editorial board represented a cross-section of the varied practice areas within real estate law. The board members reviewed all of the existing chapters of the real estate series as well as the Foreclosing Security Interests chapters. They identified topics that were covered in different ways in multiple chapters of the existing series and combined them; identified several topics that were no longer relevant and eliminated those chapters; determined that there were 11 additional topics not covered before that needed to be added; and logically organized the 66 chapters based on the order in which they would likely be encountered by the practitioner.

Oregon Real Estate Deskbook was designed to support Oregon attorneys in their role as legal counselor in real estate transactions where nonlawyers are increasingly playing a leading role. Whether the attorney is a recent law grad or a seasoned attorney, there is something in here for them. This publication was made possible only through the extra­ordinary dedication and gratuitous contribution of time and talent offered by over 90 Oregon attorneys. The accomplished attorneys who drafted each chapter offered their insights—starting with an over­view of the particular practice area and drilling down into the most relevant details that practicing attorneys are likely to encounter in their practice. The authors included forms and practice tips where appropriate. They also provided references to other resources, which are often helpful springboards when greater depth of understanding in a nuanced area of the law is necessary.

Oregon Real Estate Deskbook is available on BarBooks™ to all Oregon Bar members or for purchase in print at the Bar’s online bookstore.

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OSB Resumes Search for Director of Diversity & Inclusion

The Oregon State Bar is looking to fill the position that will provide leadership and oversight for the OSB’s initiatives and programs to advance diversity and inclusion within the legal profession. If this position speaks to your passion and experience, we encourage you to apply.

Please visit http://www.osbar.org/osbcenter/openings.html for job details.

The OSB is an Equal Opportunity Employer.

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Damages (2016 Revision): Later, but Better

by Dean Land, Legal Publications Attorney Editor

During our editing process here in the OSB Legal Publications Department, it’s not uncommon for the Oregon appellate courts to issue an opinion that affects the book that we’re working on. Sometimes, the effect is limited to a minor issue in one or two chapters. Other times, the effect is much broader (like when State v. Gaines, 346 Or 160 (2009), came down just as we were finishing Interpreting Oregon Law). Although it may delay publication, we’d much rather have such a case come down during the editing process than after we go to print. That way, instead of having a book that is immediately outdated, we can make the required edits and provide the Bar an up-to-date legal resource.

As we approach our deadline for the 2016 edition of Damages, the Oregon Supreme Court has indulged us once again, this time by issuing its opinion in Horton v. OHSU, 359 Or 168 (May 5, 2016). In a lengthy decision (140 pages in the Advance Sheets, including concurring and dissenting opinions), the court altered its interpretation of two provisions of the Oregon Constitution and, in doing so, overruled two significant prior decisions.

Before Horton, the court’s analysis of the Remedy Clause of Article I, section 10, was governed by Smothers v. Gresham Transfer, Inc., 332 Or 83 (2001). Under Smothers, the court asked whether Oregon common law, as it stood in 1857 (when the Oregon Constitution was drafted), recognized a cause of action for the plaintiff’s alleged injury. If so, then the Remedy Clause required a constitutionally adequate remedy for that injury. Horton overruled Smothers and disavowed the bright-line rule that protected common-law causes of action that existed in 1857 but offered no protection for causes of action that did not exist in 1857. In place of the Smothers methodology, the court created a framework that considers “the extent to which the legislature [in altering a common-law remedy] has departed from the common-law model measured against its reasons for doing so.” Horton, 359 Or at 220.

Horton also changed the analysis of Article I, section 17, which protects the right to a jury trial in civil cases. Under Lakin v. Senco Products, Inc., 329 Or 62, modified, 329 Or 369 (1999), if Oregon common law in 1857 recognized a cause of action, then Article I, section 17, prevented the trial court from reducing a jury verdict. Thus statutory caps on damages, such as those of the Oregon Tort Claims Act, were inapplicable to those causes of action. Horton overruled Lakin, deciding instead that Article I, section 17, guarantees only a procedural right to a jury for causes of action recognized by Oregon common law in 1857. It does not impose any substantive limits on the legislature’s authority to limit damages for a claim.

Horton affected seven chapters in Damages and required a bit of scrambling on our part. Our in-house editors read the opinion, revised the affected chapters, and sent them back to the authors and the editorial review board for approval and any additional changes. (One exasperated author commented that Horton came down just as he was beginning to understand Smothers.) In the end, though, the new edition of Damages will be more helpful to practitioners because it includes the changes wrought by Horton. Thanks to all our authors and the editorial review board for the extra effort!

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Oregon Administrative Law, 2016 Supplement

There have been important changes in administrative law. Do you know what they are? Buy the 2016 supplement to Oregon Administrative Law and find out. Oregon Administrative Law thoroughly updates the 2010 text with an explanation of the essential components of Oregon’s Administrative Procedures Act, including its comprehensive definitions, rulemaking procedures, contested case procedures, procedures for judicial review of rules, contested case orders, declaratory rulings, and much more.

Highlights include:

  1. Agency Authority and Functions — 41 updated sections
  2. The Administrative Law Judge — 13 updated sections
  3. Administrative Rules — 19 updated sections
  4. Contested Cases: Preparation and Strategy — 66 updated and 4 new sections
  5. Orders in Other than Contested Cases — 16 updated sections
  6. Extraordinary Remedies in Administrative Cases — 63 updated sections
  7. Public Records — 29 updated sections
  8. Public Meetings and Public Hearings — 29 updated sections
  9. Attorney General Opinions and Rules — 8 updated and 3 new sections
  10. Civil Penalties and Cease-and-Desist Orders — 5 updated sections
  11. Criminal Enforcement of Administrative Rules, Permits, and Absence of Permits — 14 updated sections
  12. Alternative Dispute Resolution — 3 updated sections
  13. Health Professional Licensing and Enforcement — 15 updated sections
  14. Judicial Review of Administrative Decisions — 32 updated sections
  15. Governmental Oversight and Relations — 11 updated sections
  16. Legal Ethics in the Administrative Law Setting — 16 updated sections

Order your copy today! 

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Job Opening in OSB Client Assistance Office

Assistant General Counsel and Client Assistance Office Attorney

The Oregon State Bar (OSB) regulates the practice of law in Oregon and provides a variety of services to its members and the public. We are looking for someone to join our dedicated team and provide initial response and disposition to all inquiries and complaints concerning the conduct of attorneys.

OSB is an Equal Opportunity Employer                                               

 Responsibilities include the following:

  • Receives and reviews inquiries and complaints concerning the conduct of attorneys. Analyzes facts and legal issues to determine whether misconduct may have occurred and exercises discretion to dismiss matters or refer for further investigation.
  • To the extent possible and as resources permit, assists clients and lawyers to resolve issues not involving misconduct.
  • Manages a high volume case load.
  • Issues written opinions regarding inquiries and complaints.
  • Responds to telephone contacts from the public.
  • Serves as back-up to provide telephone ethics assistance to members as needed.
  • Assists in development of long- and short-range plans, policies, and procedures for the Client Assistance Office (CAO).
  • Provides input on the evaluation of support staff.
  • Responsible for coordination or oversight of specific program functions as assigned.
  • Assists with CAO staff training.
  • Speaks and writes on ethics issues for continuing legal education (CLE) programs and Oregon State Bar (OSB) publications.

Candidates may have any satisfactory equivalent combination of the following experience & training which ensures the ability to perform the work.

  • Graduation from an accredited law school. Admission to the practice of law in Oregon.
  • Four years of legal experience, preferably in a government or private practice involving litigation.
  • Experience managing a heavy caseload.
  • Knowledge of legal ethics rules and principles. Experience in resolving legal ethics issues helpful.
  • Experience with the Microsoft Office Suite in a Microsoft Windows environment with particular emphasis on Word, Excel, Outlook, and Access or other database programs. Ability to type 40 WPM with accuracy.
  • Excellent skills in legal analysis, legal research, and writing.
  • Strong organizational skills and time management skills.
  • Strong self-motivation skills requiring minimal supervision.
  • Excellent presentation and public speaking skills before large and small groups.
  • Excellent interpersonal and conflict management skills with strong ability to listen, use tact, and resolve conflict through informal telephone mediation.
  • Ability to work independently and in a team environment both efficiently and courteously.
  • Ability to work with various groups or individuals with conflicting demands.
  • Ability to multitask, prioritize, and meet deadlines in a detail-oriented, fast-paced environment.
  • Ability to exercise professional demeanor and a high level of customer service for a potentially demanding customer base in a variety of situations.
  • Ability to exercise sound judgment in keeping with the policies and objectives of CAO and the OSB.
  • Commitment to the concept of teamwork and cross-responsibility within a department.
  • Ability to communicate in person, in writing, by e-mail, and by telephone.
  • Ability to operate a computer for long periods of time.
  • Ability to manipulate data for program purposes and typing.
  • Ability to use standard office equipment and computer peripherals.
  • Ability to remain in a stationary position and maintain focus for long periods of time.
  • Ability to maintain focus and perform work requiring concentrated effort for long periods of time.
  • Ability to remain on the telephone for long periods of time.
  • Ability to make presentations before large and small groups of people.
  • Ability to work in a moderately noisy, open environment.
  • Ability to travel overnight, inside and outside Oregon, to meetings and seminars.

Salary: $6,554 per month minimum, depending on experience. The OSB offers excellent benefits including voluntary 6% participation in the PERS program.

Send resume with a cover letter to Director of Human Resources, Attention: CAO, Oregon State Bar, P. O. Box 231935, Tigard, OR 97281. Fax to 503-598-6985 or e-mail to hr@osbar.org.

 

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