SPPE: The Supervised Practice Portfolio Examination Provides a New Pathway to Becoming a Lawyer in Oregon

This month the Oregon Supreme Court unanimously approved a new pathway to becoming a licensed lawyer in Oregon for law school graduates, which avoids taking the bar exam – a test that raises concerns of discrimination, is expensive, and takes substantial time to prepare for, with the most recent passage rate of only 69%. Under the SPPE, applicants must have at least 675 hours of practice under the supervision of a licensed practicing attorney and submit a portfolio of work with 8 projects, which will be reviewed and graded by the Oregon Bar of Board Examiners. Our neighbors in California and Washington are also considering alternative pathways for law graduates to become licensed practitioners. KGW has more information on this video or you can read the 28-page report by the Oregon State Bar.

SYK Supports Oregon Harbor of Hope

Portland’s unhoused have been hit hard and a global pandemic certainly has not helped the situation.  Oregon Harbor of Hope is a non-profit dedicated to seeking solutions for this complex problem and SYK is proud to support their local efforts.

“The city, county and state are working hard to address our crisis, but they cannot solve this problem alone. The private sector must get involved to help turn this problem around. This is our city. This is our home. These are our homeless. We can make a huge impact and give people hope. They need our help.”

– HOMER WILLIAMS, FOUNDER OF OREGON HARBOR OF HOPE

A recent article discusses Mr. Williams’ efforts to help, including his most recent endeavor:

The most recent project for Oregon Harbor of Hope is a 50-unit pod village.  “His simple and elegant modular housing units are waterproof, lightweight, mobile, durable and secure. Equipped with heating and LED lighting, two beds, and a lock on the door. Designed to be part of a compact community – or dozens of such villages – with separate kitchens, showers, toilets, washing machines and garbage collection.”

There are no easy solutions, but there is much to be gained from continuing to search for solutions, including supporting good organizations like Oregon Harbor for Hope.

Between Two Screens: Bankruptcy Options

Please join us for the newest addition of SYK Studios – Between Two Screens. This latest episodes features attorneys Victoria Blachly and Jessica McConnell, focuses on bankruptcy options; what is bankruptcy and what does it mean for you?

Jessica McConnell is an experienced debtor-creditor attorney. She handles a variety of insolvency and bankruptcy matters; a majority of which have tax complexities. She regularly represents businesses, individuals, and estates with unfiled tax returns, compliance problems, and those with unpaid tax liabilities that are experiencing unwanted and unexpected tax collection. Ms. McConnell assists clients in resolving outstanding tax liabilities with penalty abatements, offers in compromise, installment agreements, collection holds, and discharging taxes in bankruptcy.

Between Two Screens: Estate Planning – Plan for Success

Please join us for the next installment of SYK Studios – Between Two Screens. This latest episodes features attorneys Victoria Blachly, Darlene Pasieczny, and Anastasia Yu Meisner, and focuses on estate planning.

“We have all heard the phrase: nothing in this world can be certain in life, except death and taxes. As an estate planner, I address these two issues every day. I counsel clients on the best strategies to pass their estates to their loved ones, how to efficiently manage their affairs if they can’t make decisions for themselves, and advise them on the most financially efficient ways to accomplish their goals. With nearly 20 years of estate planning experience, I have collected a list of common mistakes or misunderstandings.” – Anastasia Yu Meisner (be sure to check out her recent blog article: Top Estate Planning Mistakes or Misunderstandings).

Oregon Health Authority Orders New Statewide Face Covering Guidance

As COVID-19 continues to impact our daily lives, Governor Kate Brown has authorized the Oregon Health Authority (OHA) to create new guidance on masks, face coverings and face shields (collectively referred to as “face coverings”). On August 13, 2020, masks, face shields, and face coverings became required statewide for offices and indoor public spaces and in outdoor public spaces when physical distancing is not possible.

All patrons (employees, contractors, volunteers, customers and visitors) of a business, indoor public space or outdoor public space are now required to wear a mask, face shield or face covering at all times, with the following exceptions:

  • For employees, contractors and volunteers, face coverings are not required when at or in a location where the employee, contractor or volunteer does not have a job that requires interacting with the public and at least six feet of distance can be maintained between individuals. In areas where six feet of distance cannot be maintained, face coverings are still required.
  • Face coverings are not required while eating or drinking.
  • Face coverings are not required when engaged in an activity that makes wearing one not feasible. The example provided by the Oregon Health Authority is swimming.

Additionally, businesses are required to provide masks, face shields or face coverings for employees and to accommodate employees, contractors, customers and visitors when accommodations are required by the ADA, labor laws at the state or federal level, public accommodations laws at the state or federal level and applicable OHA public health guidance. Businesses are also required to post clear signs about the face covering requirements.

The OHA also recommends but does not require that such entities provide face coverings for customers and visitors who do not have one at no cost to the customers and visitors, to post signs about the requirements in languages commonly spoken by customers and visitors, and to educate employees on how to safely work and communicate with people who need to read lips or facial expressions to communicate through the use of transparent face coverings.

Face coverings are required at all times for employees in hallways, bathrooms, elevators, lobbies, break rooms, and other common spaces in both public and private office spaces. If an individual workspace or meeting room allows for the maintenance of a consistent six feet of distance between people, individuals can remove their face covering in those areas.

All individuals who visit a business or a public space are required to wear a mask, face shield or face covering unless they are under five years of age with the following exceptions:

  • Face coverings are not required while eating or drinking
  • Face coverings are not required when engaged in an activity that makes wearing a mask not feasible, such as when swimming.
  • Face coverings can be briefly removed where an individual needs to confirm their identity by visual comparison, such as at a bank or when interacting with law enforcement.

If an individual has a medical condition or disability that makes it hard to breathe or wear a mask, they can request an accommodation from a business or public space operator to enable full and equal access to the services, transportation and facilities open to the public.

As these unprecedented times continue to unfold, we must all do our part to follow state guidance and reduce the spread of COVID-19. More information and OHA Guidance can be found here.

A civil litigator with an impressive local and international history, Timothy Resch helps employers and small businesses find success in federal and state court litigation matters.

SYK Attorney Laura Nelson and CCBA: Clark County Courts Need Masks

In the July edition of Clark County Bar Association’s monthly newsletter, the HearSay, there is a call for help. The Washington Courts are asking for assistance to help protect those who work in and visit the Clark County Courts.

Dear Vancouver Area Attorneys:
You well know that the COVID-19 global pandemic has seriously impacted most everyone and everything – including our Clark County Courts. As Washington eases back into opening for business, the need to protect our judges, court staff, litigants, and visitors is vital. Accordingly, this is a call for help in donating disposable or washable masks (not required to be N95 masks), or funds to be used to purchase such masks. Please send checks to the CCBA office and write “Masks” in the memo line.

Collection sites include the Clark County Superior Court, our new offices in Vancouver, and the offices of Jeffrey Barrar.

The call for help was sounded by our own Laura Nelson, along with the CCBA.

“With so much out of control right now, let’s take a positive step toward helping others.”

Between Two Screens: Tax Law….”Why Not?!?”

Join us for the next episode of SYK Studios presents Between Two Screens, with SYK’s tax section leader, partner Valerie Sasaki.

Valerie responds with passion, keen intellect, and an abundance of good humor to the question put to her: “Why tax?” As she explains, “Why not tax?” Her perspective on how the tax laws mirror our societal values will give you a whole new appreciation for tax lawyers and the hard work they do.

Victoria Blachly: SYK AttorneyVictoria Blachly is a partner at SYK, and an experienced fiduciary litigator that works with many elderly clients, cases and causes.

Emojis in Court: The Rise of Case References

Emoji Court

With colorful caricatures ranging from mind-blown facial expressions ? to coconut shrimp ?, there are hundreds of emojis to express a multitude of different feelings, thoughts, and emotions. In the last decade, emoji have cemented a permanent place in the world of e-communications. Emoji now represent a diverse array of skin tones ✋✋?✋?✋? and physical disability ? ?. Oxford Dictionaries’ 2015 Word of the Year was awarded to the Face with Tears of Joy Emoji ?. It should stand as no surprise that everyone’s favorite new way to communicate has permeated its way into our legal system.

Let’s start with the prevalence of emoji in our virtual vernacular. According to Slate, 92{45ef85514356201a9665f05d22c09675e96dde607afc20c57d108fe109b047b6} of the online population uses emoji. As of 2016, 2.3 trillion mobile messages incorporate emoji annually as of 2016. That means nearly 10 trillion emoji-laced messages have been sent in the past four years.

According to The Verge, emoji and emoticon references in U.S. court cases rose exponentially between 2004 and 2019. Santa Clara University law professor Eric Goldman, leading researcher on emoji references in court opinions, noted that 30{45ef85514356201a9665f05d22c09675e96dde607afc20c57d108fe109b047b6} of all U.S. Court opinions now reference emoji or emoticons. In 2017, an Israeli couple was charged thousands of dollars in fees after an Israeli judge ruled that their use of emoji to a landlord signaled an intent to rent his apartment. Who would have guessed a few years ago that a champagne bottle ?, squirrel ?, and comet ☄️ could constitute an agreement to rent an apartment?

According to Professor Eric Goldman, the use of emoji as evidence increased from 33{45ef85514356201a9665f05d22c09675e96dde607afc20c57d108fe109b047b6} in 2017 to 53{45ef85514356201a9665f05d22c09675e96dde607afc20c57d108fe109b047b6} in 2018. In some cases, emoji are described to jurors, rather than seen and interpreted themselves, and in other cases emoji are omitted from evidence, altogether. Emoji are most prevalent in sexual harassment, criminal, and workplace lawsuits. In the 2017 murder case of Commonwealth v. Castano, Massachusetts prosecutors argued that an emoji with “X” eyes ? showed that an individual who received the message knew that something was happening. In the sex trafficking case of The People v. Idris Bilal Jamerson, expert witnesses detailed how a series of sent emoji, including a crown ?, high heels ?, and money bags ? provided evidence of prostitution.

Emoji even come in a variety of dialects. Different companies can represent emoji on their platforms in different ways. In a study comparing Android and Apple users’ interpretation of emoji, Google users reported a grinning face as meaning blissful happiness, while Apple users thought it symbolized a readiness to fight. One can only imagine the flurry of misinterpretation defenses and novel legal arguments that such interpretations will cause.

As we continue to express ourselves through emoji, they will continue to permeate our society further and further. In a few years, emoji-interpreting expert witnesses will become more resourceful in the court room and the debate around what certain emoji mean will become a greater focus of legal arguments by lawyers across the world.

Victoria Blachly: SYK AttorneyVictoria Blachly is a partner at SYK, and an experienced fiduciary litigator that works with many elderly clients, cases and causes. She is also a proud Board Member for the Oregon Alzheimer’s Association Chapter.

Peter Esho is a Chaldean-American law student in his final year at Lewis & Clark Law School, and a senior law clerk at Samuels Yoelin Kantor. Born and raised in Michigan, he moved to Portland to attend Lewis & Clark. Peter enjoys kayaking and playing guitar, and his primary legal interests are in intellectual property and business law.

SYK Attorneys Recognized in 2020 Oregon Super Lawyers®

This year, we are happy to share that 7 Samuels Yoelin Kantor LLP attorneys were included in the 2020 Oregon Super Lawyers and Rising Stars list. These attorneys were recognized by their peers for their service and achievements.

Victoria Blachly – Super Lawyer

Walker Clark – Rising Star

Christine Costantino – Super Lawyer

Leslie Johnson – Super Lawyer

Stephen Kantor – Super Lawyer

Jessica McConnell – Rising Star

Valerie Sasaki – Super Lawyer

“Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations.”

Accessibility