Happy New Year: Get off the Phone While Driving in Oregon

Relating to operating a motor vehicle while using a mobile communication device; creating new provisions; and amending ORS 811.507:

"A person commits the offense of operating a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle on a highway, uses a mobile communication device.... The offense described in this section, operating a motor vehicle while using a mobile communication device, is a Class D traffic violation."

House Bill 3186 (Chapter 530, (2011 Laws): Effective date January 1, 2012),

[Read 2011 Oregon Laws, Chapter 530 for full text or read the 2011 ORS when it comes online or read the 2011 ORS in print.]

Calloway's "Ten Essential Classes of Websites for Lawyers"

Jim Calloway's LawyersUSA Nov. 3, 2011, column has a lot of law practice info packed into a small place:

Ten essential classes of websites for lawyers

2011 Oregon State Bar Unlawful Practice of Law Task Force Report

You can read the Oregon State Bar (OSB) "2011 Unlawful Practice of Law Task Force Report" at the OSB website (under the Surveys, Reports & Research tab, where you’ll find other useful reports).

You can also read Oregon laws about lawful and unlawful practice of law in Chapter 9 of the Oregon Revised Statutes.

Honda Civic Hybrid Lawsuit: Small Claims Court vs. Class Action Settlement

"Car owner takes legal fight away from lawyers," by Jerry Hirsch, Los Angeles Times, December 27, 2011

Excerpt: "Heather Peters is miffed that her Civic doesn't get its claimed fuel economy, and she isn't satisfied with a proposed settlement. So she's trying a new approach to litigation.

Heather Peters is an angry consumer who knows she has little chance of winning a war with Honda Motor Co. and its army of high-priced lawyers.

The Los Angeles resident is miffed that her 2006 Honda Civic hybrid doesn't get its claimed fuel economy. And she isn't satisfied with a proposed class-action lawsuit settlement that would give trial lawyers $8.5 million while Civic owners would get as little as $100 and rebate coupons for the purchase of a new vehicle….” [Link to full article.]

In LA County (where Torrance, CA is located), visit the Small Claims Court Advisor Service.

In other states, please check with your own county’s Small Claims Court and with local public law librarians.  Heather Peters' website links to Nolo's list of links to state small claims courts.  HALT also has information about Small Claims Courts and representing oneself in court.

In Oregon, check with your county’s Justice or Circuit Court websites or look for links from this OLR blog Small Claims Court posts.

The 2011 ORS is in the Building (and the Law Library)

We just got out print 2011 ORS - hurrah!

This is the fastest ever and a big shout-out and thank you should go to Legislative Counsel.  Codifying the Oregon laws is (almost) a thankless job.  Thank you!

I won't divulge the color of the cover for those of you who take bets about such things. Ahem.

The online 2011 ORS will be with us soon.

Books about Careers in the Law

It's that time of year when high school and college students start asking questions about "careers in the law."

There is a lot of “recommended reading” at law school admissions websites and there are also a lot of "pre-law" and law student "Must Read" lists you can find using "the Google."  There is also this gem from the Volokh Conspiracy, but I'm not inclined to disillusion high school students with it, even though it is terribly funny.

[If you're thinking about law school In the U.K., they have the wonderful Granville Williams "Learning the Law."]

Here are a few titles I've found, and I'm looking for others so expect an update to this blog post. [The dates in the square brackets are to public library editions.]

1) "24 hours with 24 lawyers: profiles of traditional and non-traditional careers," by Jasper Kim [2011]

2) "Careers for legal eagles & other law-and-order types," by Blythe Camenson [2005]

3) "Careers in law," by Gary A. Munneke [2004?]

4) "Cool careers for girls in law," by Ceel Pasternak & Linda Thornburg [2001]

5) "Fifty unique legal paths : how to find the right job," by Ursula Furi-Perry [2008]

6) "Law," Amy Hackney Blackwell [2010]

7) "Nonlegal careers for lawyers," by Gary A. Munneke, William D. Henslee, Ellen Wayne [2006]

8) "The ultimate guide to your legal career: what every young lawyer must know to avoid the mistakes and maximize the value of a career in the law,” by Cannon, K. Charles [2007]

9) “Career opportunities in law and the legal industry," by Echaore-McDavid, Susan [2002]

Legal Phrase Origins (with jokes): Don’t make a federal case out of it!

Did you every wonder where the phrase, “make a federal case out of it” came from?  How about “hue and cry?” Or, “piercing the corporate veil?”

You can find these phrases and many more in the new book “Lawtalk: the unknown stories behind familiar legal expressions,” by James E. Clapp, Elizabeth G. Thornburg, Marc Galanter, and Fred R. Shapiro.

Job: Legislative Assistant (Oregon Legislature, 2012 Session)

Policy and government wonks:

Visit the Oregon Legislature’s Jobs’ website for information about this and other jobs.

Eyewitness Identification in Oregon: A Quiz for Lawyers

You can find at the Library of Defense a "2012 Oregon Criminal Law Quiz," December 19, 2011, by Ryan Scott:

"The Oregon Supreme Court has under advisement State v. Lawson, potentially the most significant Eyewitness ID case in Oregon since State v. Classen. The court will: ...."  [Link to Quiz.]

To find the text of State v. Classen (590 P. 2d 1198, 285 Or. 221 (Supreme Court, 1979)):

Type state v. classen into Google Scholar.

NOTE: This Library of Defense URL will change in 2012 to the Library of Defense (new).

Superseded Oregon Revised Statutes: A Legislative, OJD, and County Law Library Collaboration

Oregon legal researchers and attorneys rejoice! The Washington County Law Library staff are scanning the 1953-1993 ORS from statute books donated by the Oregon Supreme Court, Oregon Legislative Counsel will host the data on their website, and we just heard the excellent news that they will also make available on their website all the other superseded ORSs, 1995-2007 (and soon to be superseded 2009).

Link to our “gutbuster” project blog posts for information about our county law library digital scanning project.

Link to our Not Online list of Oregon legal research resources (look under "N" for Not), from which I’ll soon have to remove the superseded ORSs - yay!

I’ve been charged with a crime in Oregon: What Happens Next?

Public law librarians hear this question a lot.  In a perfect world, you would have an attorney who will answer the question to your satisfaction, but we don’t live in a perfect world.  (People need to ask their doctors questions too, but that doesn’t happen either – just ask medical librarians.)

The “What Happens Next?” question is a tough one, first because procedures can very from county to county, and second, because each person and each person's charged offense is different.

Also, the questions vary greatly: sometimes the question is “what happens next?” and sometimes the question is “how could they charge me at all?” and sometimes the question is “wasn’t it an illegal stop (or search or whatever)?”

My answer to you is, please don’t just “search online” for an answer.  You can do that until you turn blue and all you will achieve is wasted time, frustration, misdirection, and anger, none of which is particularly helpful.

Instead, stop and think about your legal situation and about what laws or books or websites about the law might have useful and reliable (accurate and up-to-date) information.  Talk to a law librarian, too.

But, please, talk to a lawyer. Please talk to a lawyer. Please talk to a lawyer.

I can’t say that enough.  It is false economy not to.  As I tell everyone who comes into my law library, “I know what I’m doing in a law library.  I can research the heck out of the law.  I can talk to lawyers every day of the week (yikes).  AND I STILL HIRE LAWYERS!"

Yes, I do research and it’s a great idea to learn about the law, to read the law under which you were charged, to find out how to work with a lawyer, etc.

But, I HIRE LAWYERS.  Lawyers hire lawyers.  Legislators hire lawyers.  (Surely you didn’t think they really believe that “it’s all online” myth did you?)

A FEW OREGON RESOURCES:

Oregon State Bar, criminal law information

“Youth Faces the Law: A Juvenile Rights handbook” (from the Multnomah Bar Assoc.)

You can also look at lawyer blogs, e.g. one attorney has basic guides titled: “I just got arrested / cited for an Oregon drug charge.  What happens now?” There is one for sex crimes, Measure 11, reckless driving, and more.  These helpful guides may answer a few of your questions, but you will need to talk to your lawyer, not just any lawyer, for specific information and advice.

The “Oregon Criminal Jury Instructions” may be useful, too, depending on your question and on how sensible you are about researching your legal problem and talking to your lawyer. (You'll need to visit a law library to read the book in print or online.)

Oregon doesn’t yet have any guide like this one in California, but it may in time:

San Diego, CA: I have been charged with a felony / misdemeanor; what happens next?

Other non-Oregon criminal law blogs that might be educational:

Fourth Amendment blog

Crimelynx

There are also the “what to do if you’re stopped …”  types of resources, e.g. the ACLU Know Your Rights website.

Law School Theory vs. Practical Skills, One More Time

“Law School Theory vs. Practical Skills, One More Time," at the Law Librarian Blog (December 15, 2011), links to Yale Professor Stanley Fish's response to David Segal’s article in the New York Times on the Theory vs Practical Legal Skills debate.

The Secret Ingredient? Add a Law Librarian

Our county law library patrons know this already, especially the solo and small law firm attorneys, but so do big law firms:

"The Secret Ingredient? Add a Law Librarian"

“There's a saying that if you hear something once, it's a fluke, twice is a trend, and if you hear it three times it's a habit. I've now heard a similar tale being told by three different administrative groups in law firms when it comes to leveraging the skills of their librarians. It is usually presented to a group of peers like this:

"shhh… I've uncovered a secret resource… It's called the Library." [Link to full 12/16/11 blog post.]

My own recollection of a similar saying is: "Once is happenstance. Twice is coincidence. The third time it's enemy action." (Auric Goldfinger, a fictional character created by Ian Fleming)

Oregon Lawyer Kickstarts an iPad "Clutch"

Robert Ambrogi's 12/9/11 LawSites blog post brings us this excellent news about an Oregon attorney:

To Build a Better iPad Case, Lawyer Turns to Kickstarter

"Jamie Daigle is a Portland, Ore., trial lawyer who loves to use his iPad in court. But he also knows the iPad can be clumsy to hold or stand up. No sooner did he first get his iPad than he started trying to build a better case for it. Using common household items, he had his first prototype within days. Believing that he has created “the most comfortable, ergonomic and functional iPad case available,” Daigle and his new company, DC Mobile Design LLC, have turned to Kickstarter in the hopes of raising the money they need to take their prototype to market...." [Link to full post.]

(LawSites homepage.)

Trimet Budget: Register your Opinion Online

If you ride Trimet or pay Trimet taxes, link to Trimet budget information and the survey at:

Trimet: Why is there a budget shortfall? and fill in the "Tell us what you think" questions.

Oregon Attorney General’s 20 Worst Charities

Happy end of tax-year charitable donation time!

Visit the Oregon Attorney General's Charitable Activities website for their "Tips for Charitable Giving" and read the AG's: OREGON'S 20 WORST CHARITIES: 2011

Oregon Small Claims Court Limit Raised Oct 1, 2011: Now $10,000

I was reminded recently to repost this information about the increased jurisdictional limit in the Oregon Small Claims Court.

Link to my previous blog post for details.

Neighbor Law: Please Don’t Attack Your Neighbor

A recent Oregonian news story: "Aloha man admits to attacking his neighbor for trimming shade trees," by Roger Gregory, December 13, 2011.  The sentence?

"...Sentence: Bosket was sentenced to six months in jail, followed by five years of formal probation. Bosket was ordered to pay $3,579 in fines and fees and $1,366.19 in restitution. Bosket received the court's anger/mental health package as part of his probation, according to Nadya Martin, deputy district attorney for Washington County. Bosket is to have no contact with the victim and is not to live at the Aloha address, Martin said." [Link to full article.]

We’re not all lucky enough to have awesome neighbors.  Librarians, public and law, are asked legal questions all the time that fall under the Neighbor Law classification.

The most frequent questions are over barking dogs and trees.  We also hear the more complex ones involving noise, condo law, easements, driveways, and drugs.

After breathing deeply, I next try channeling the most level-headed, creative problem-solver I know.  That could be your Uncle Guido, a 5th grade math teacher, or a talk-show host. (Just kidding about that last one.  Can you imagine? One thing we don’t need is more SHOUTING.)

Here’s what I would do:

1) Look up your local law: You may live in a place where there are laws about neighbor-law issues, such as tree trimming, barking dogs, crowing roosters, etc. Call your local government information line to find out who or what office handles noise, animal, or related nuisance complaints.

2) Neighborhood associations can sometimes help with these problems - assuming you have a good neighborhood association.  If you have one, call them.  Some cities have free mediation services run by local law enforcement or a social service nonprofit.  Your local library or elected representative may help you find that resource.

3) Creativity: There is a book called “Neighbor Law,” by Nolo, and it gives you lots and lots of other ideas on how to proceed.

4) Important: If there is suspected criminal activity, please call the police.  But you may need to do more, much more.  You may also need to call the DA, your elected representatives, or a lawyer.

Consumer Advocacy Award Finalist: "Economic Fairness Oregon"

An Oregon nonprofit, Economic Fairness Oregon, was one of five finalists for Consumer's Union first Excellence in Advocacy Award, as reported in the January 2012 Consumer Reports and on the Excellent in Advocacy Award website.

Legal Assistant Jobs at Lewis & Clark Law School: App deadline Dec 14!

These look like interesting jobs:

Visit the Lewis & Clark Human Resources website for information about these positions (and others):

“Faculty Legal Assistant — Provides advanced administrative, paralegal, and secretarial support to full-time and adjunct law faculty. Assists law faculty in class preparation; legal research and document production including scholarly articles, court briefs, class materials, class web postings ….”

Does the Oregon Legislature’s 2011 HB 2712 Strangle Local Courts?

“Editorial: State strangles local courts,” by Jad Lemhouse and Joe Charter Democrat Herald.com, December 7, 2011:

When over-hauling criminal procedures in HB 2712, the 2011 Legislature reduced traffic fines and enlarged judicial discretion over such offenses. However, a new “priority payment” to the State in HB 2712 threatens the viability of many municipal and justice courts. The children’s fable of the “goose that laid golden eggs” describes similar prospects for local courts: Strangulation by revenue transfer to the state.

Section 6b of HB 2712 creates a $60 replacement fine for the $37 Unitary Assessment. This section requires that $60 (or the amount of the fine if the fine is less than $60) be paid “to the state before any other distribution of the fine is made.”

The revenue transfer to the state caused by Section 6b will take 30 to 50 percent or more of total court revenue, depending upon the most common type of offenses filed in a particular local court. A revenue loss to local governments of this magnitude is simply insupportable....” [Link to full editorial.]

Judges and Self-represented Litigants: Implications of Turner v. Rogers

When and how should a judge intervene when parties represent themselves in court?

Richard Zorza has published an article on the subject in the ABA Judges Journal, which you can link to from Zorza's Access to Justice blog post:

Maximizing the Impact of Turner v. Rogers — Judges’ Journal Article on Courtroom Best Practices

U.S. Supreme Court: Turner v. Rogers, decided: 06/20/2011 (PDF from the U.S. Supreme Court.  You can also find the case at Google Scholar.  Type in turner v rogers.)

How to Find Free Digital Books (other than Amazon, Kindle, etc.)

This isn’t a complete list but these are good places to start your search for full-text digital books – but don’t forget your local libraries and librarians.

First, sometimes you need good bibliographic info (e.g. correct spelling of author name, exact title, etc.) before you begin your search for the full-text.  Worldcat dot org is a good catalog to find that info.  Your own Oregon public library may have a full-service subscription version you can use.

Second: General web search engines will index the contents of many of these repositories, but not all content.

Digital book repositories:

1) Google Scholar and Google Books

2) Project Gutenberg

3) HathiTrust Digital Library

4) Internet Archive

5) Scribd

Lawyer Blogs and the ABA Journal Blawg 100

You don’t have to vote for your favorite blogs unless you want to, but if you were thinking about blogging and want to look at how other lawyers blog, the ABA Journal’s Blawg 100 is a great list of examples.

Jury Finds Oregon Attorney Defamed by Blogger

Oregonian article, Dec 6 & 7, 2011: "'Investigative blogger' doesn't get journalist's protection, Portland judge rules," by Jeff Manning, The Oregonian:

"A federal jury has ruled an "investigative blogger" defamed a central Oregon attorney in a case that raises questions about press protections and the nature of the press itself in the Internet age.

The jury found that Crystal Cox, a real estate agent and blogger from Eureka, Mont., defamed Kevin Padrick when she accused him of tax fraud, bribery and other crimes...." [Link to full Oregonian article.]

Case was in U.S. District Court of Oregon, Judge Hernandez.  You can find documents from the case courtesy of Justia and the Citizen Media Law Project (and I'm sure in other places).

Case name/docket no.: Obsidian Finance Group, LLC and Kevin D. Padrick v. Crystal Cox, 3:2011cv00057

Justice Bedsworth Tackles Time, Tontines, and Tootsie Landsill

Spare a moment for Justice Bedsworth's "A Criminal Waste of Space" column in the Orange County Bar Association's monthly OCLawyer.

It will be worth it:

December 2011 - Jarndyce Heirs Finally Inherit

Excerpt:  "One of the character flaws that suited me to a life in the criminal law was my abysmal lack of patience. Criminal law is the last refuge of the impatient attorney, and I have the patience of a gnat.

You want to know how little patience I have?

During the three long years I was a trial attorney1, I repeatedly urged judges to act upon the plain language of Code of Civil Procedure Section 613.

Take a look at Code of Civil Procedure Section 613. It says, ‘When the case is finally submitted to the jury, they may decide in Court or retire for deliberation . . . .’ They may decide in court ....” [Link to full Bedsworth column.]

More Uses for Old Law Books

Another use for old law books and a fun one at that:

Federal Supplement w/ Glass Flask

Our current guide on How to Dispose of Used Law Books (or link to it from the Washington County Law Library’s General Information webpage if that direct link breaks).


Disclaimer: The information provided on this blog is for research purposes only.  We do not provide legal advice, nor do we endorse any person, product, or company.

Free Fastcase Webinars (and CLE credit) for Oregon Attorneys

Fastcase offers free webinars to subscribers; some include free CLE credit.  Check at the Fastcase webinar webpage and use the drop-down menu to find Oregon.

OSB members: Please double-check with the Oregon State Bar to make sure you can claim CLE credit for the webinar(s) you attend.