Montana Lawyer August/September 2024

AUGUST/SEPTEMBER 2024 VOL. 49 | ISS. 4

STATE BAR OF MONTANA’S 2024 AWARD WINNERS Winners of the State Bar of Montana’s 2024 Annual Awards are (left to right) Carey E. Matovich , William J. Jameson Award; the Honorable Benjamin P. Hursh , Karla M. Gray Equal Justice Award; D. Michael Eakin , Neil Haight Pro Bono Award; (row two) Meri K. Althauser , Frank I. Haswell Award; and Jean E. Faure , George L. Bousliman Professionalism Award.

AUGUST/SEPTEMBER 2024 VOL. 49 ISS. 4

FEATURE ARTICLES

The Montana Lawyer is published 6 times a year by the State Bar of Montana, 33 S. Last Chance Gulch, Suite 1B, P.O. Box 577, Helena, MT 59624 as its official publication for all members. email : montanalawyer@montanabar.org Montana Lawyer Subscriptions are a benefit of State Bar membership. Subscriptions for nonmembers are available for $50 per year. Ad rates and subscription information are available at www.montanabar.org/page/ MTLawyer. Statements and expressions of opinion appearing in the Montana Lawyer are those of the advertisers or authors and do not necessarily reflect the views of the State Bar of Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Publisher | John Mudd Editor | Regina Mercado

STATE BAR OFFICERS President J. Stuart Segrest, Helena President-Elect

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Antoinette “Toni” Tease, Billings Secretary-Treasurer (Acting) Erica R. Grinde, Missoula Immediate Past President David Steele, Missoula Chair of the Board Aislinn Brown, Helena BOARD OF TRUSTEES Area A Randy Snyder, Bigfork Area B Erica Grinde, Missoula Beth Hayes, Missoula Natasha Jones, Missoula Area C Saidee Johnston, Butte Area D Anthony Gallagher, Great Falls Claire Lettow, Great Falls Area E Rich Batterman, Baker Area F

STATE BAR OF MONTANA’S 2024 AWARD WINNERS Winners of the State Bar of Montana’s 2024 Annual Awards are (left to right) Carey E. Matovich , William J. Jameson Award; the Honorable Benjamin P. Hursh , Karla M. Gray Equal Justice Award; D. Michael Eakin , Neil Haight Pro Bono Award; (row two) Meri K. Althauser , Frank I. Haswell Award; and Jean E. Faure , George L. Bousliman Professionalism Award.

Pro Bono Advocacy Beyond Family Law: Opportunities to Make a Difference

What Would Cindy Do?

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Position Vacant, Helena Anna Kecskes, Helena Lindsey Simon, Helena Area G Sherine Blackford, Bozeman Matthew Haus, Bozeman Area H Shane P. Coleman, Billings Eli Patten, Billings Michelle Sulivan, Billings ABA DELEGATES Position Vacant, ABA Delegate ( Young Lawyers’ Division ) Matt Thiel, Missoula (Statewide Delegate) Tucker Gannett, Billings (State Bar Delegate)

ALSO IN THIS ISSUE 4 PRESIDENT’S MESSAGE 6 MEMBER NEWS

21 TECH TIPS 24 RISH MANAGEMENT 29 STATE BAR NEWS 30 JOB/CLASSIFIEDS

13 ART FOR JUSTICE 16 JURY ECONOMICS

PRESIDENT’S MESSAGE Reflections and Futures: Celebrating a Year of Progress and Looking Ahead with the State Bar of Montana

As I sit down to write my final President’s Message, I feel reflective but also hopeful for the future of our profes sion. I have been privileged to serve as the State Bar of Montana president this past year. This is no solo activity, however, but a team job. I serve with an incredible executive committee: the Bar’s president-elect, past president, sec retary-treasurer, and chair of the Board of Trustees. More broadly I get to work with the Board of Trustees on setting policy for our Bar. We are all supported, day-in and day-out, by the capable State Bar staff, led by Executive Director John Mudd. Across the State and across many topic areas, we work with our Bar com mittees, sections, and local bars. We are all linked in ongoing efforts to improve the practice of law. It has been a whirlwind of a year, but we have made some headway as detailed in my last article. I look for ward to seeing the progress made by the groups working to advance our profes sion and address our changing times, from challenges to the rule of law across the globe, to legal deserts, to the threat and promise of AI. I hope you all stay involved as we shepherd in our next 50 years as a State Bar. Speaking of 50 years, we have an exciting and information-filled pro gram planned for our rapidly approach ing Annual Meeting. We are honored to welcome William Bay, President of the American Bar Association and Dan Cotter, President of the National Conference of Bar Presidents to our celebration. The CLE program will cover important topics such as the lawyer’s role in society, a review of the last term of the United States Supreme Court in a historical context, and the timely topic of housing law, in addition to many other topics and learning opportunities. With this year’s meeting in Missoula, we are pleased to be presenting some of these programs in collaboration with our friends at the Mansfield Center at the University of Montana and the Montana Law Review.

At this time, I also would like to congratulate this year’s award winners! Jean Faure is honored with the George Bousilman Award for her exceptional contributions to the legal community. Hon. Ben Hursh receives the Karla Gray Award, recognizing his profound dedi cation to justice and legal service. Carey Matovich is celebrated with the Jameson Award for her remarkable achievements and impact on the legal profession. D. Michael Eakin is awarded the Neil Haight Award for his outstanding com mitment to pro bono work, demonstrat ing his dedication to serving those in need. Meri Althauser is recognized with the Haswell Award for her exceptional writing contributions, highlighting her skill and dedication in the field. Each of these remarkable individuals has made a significant impact, and their achieve ments are truly deserving of this rec ognition. I hope you can join us at the Annual Meeting Awards Dinner to help celebrate the achievements, and service, of these distinguished members of the State Bar of Montana. Also at the Annual Meeting, the presidency will transition to Toni Tease, a dynamic Billings intellectual property lawyer. Toni is incredibly talented and organized (I suspect she already has her goals and president messages outlined). I look forward to continuing to work with Toni and the rest of the officers and trustees as she leads the Bar forward in the coming year. Adios, and see you in Missoula September 11-14 (visit www.mon tanabar.org for registration details and itinerary). -Stu

Stuart Segrest is a senior at torney at Christensen & Prezeau, PLLP where he handles a wide range of litigation and appel late matters. Before joining the firm, he worked for the Montana Attorney General’s Office, where his career spanned the terms of four different Attorney Generals. He served as Chief of the Civil Services Bureau, which repre sents the State of Montana in complex constitutional litigation and other cases of state-wide importance in both state and federal court. He is currently serving as the President of the State Bar of Montana.

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MEMBER AND SECTION NEWS

CAREER MOVES Cody Townsend has joined Silverman Law Office as an associate attorney special izing in individual

GUIDELINES FOR SUBMITTING MEMBER NEWS The Montana Lawyer wel

to montanalawyer@montana bar.org. Please direct any ques tions to the same address. We will include firm name, lo cation, the change that is being announced, attorney’s name, law school, practice areas, and a high-resolution photo. based high voltage professional engineer ing and design firm with offices nationwide and in Canada. kevin.freeman@eciusa. com. Hall Booth Smith Missoula wel comes Attorneys Molly P. Davis and Renee Cho Harper to the firm. Molly practices in business transactions, corporate and

comes news from members including announcements of new positions, advancements, honors, appointments and pub lications. There is no charge for Member News submissions. If you have news you would like to submit to the Member News section, you can email it

and business tax planning, tax con troversy, and estate planning. Born and raised in Sheridan, Wyoming, the fifth-generation

families and minimize the tax liabilities for their heirs.

Wyomingite earned his bachelor’s degree in criminal justice from the University of Wyoming, his Juris Doctor from the University of Wyoming College of Law, and his LL.M. in taxation from the University of Florida Levin College of Law. He came to Silverman Law Office from Kearney, McWilliams & Davis, PLLC in Florida, where he worked as a graduate law clerk and associate attorney. Townsend now helps individuals and businesses navigate a wide variety of tax issues including asset protection, chari table giving, tax planning, audits, appeals, tax liens and levies, litigation, offers in compromise, valuation disputes, and more. He also assists his clients in devel oping wills and trusts that protect their

Kevin Freeman has been promoted to the position of Chief Legal Officer for Electrical Consultants,

Inc. Kevin is a gradu ate of Oklahoma City University and has been a member of the Montana Bar since 2018. He also maintains licenses in Oklahoma and Wisconsin. Kevin

partnership, and intellectual prop erty matters. Prior to joining HBS,

is responsible for all legal, risk, insur ance, safety and IT security related mat ters. In his free time, he enjoys fly fish ing, hiking and trap shooting. Electrical Consultants, Inc. is a Billings, Montana

she worked as an associate within a transactional practice group at a long-established firm in

Parsons Behle & Latimer Welcomes New Litigator

Parsons’ Missoula office is pleased to announce the addition of Elliott D. McGill to its litigation practice. Elliott draws on his broad range of bankruptcy, commercial litigation, banking and construction experience to help businesses and individuals achieve their legal goals. Learn more about our Missoula attorneys at parsonsbehle.com .

127 E. Main Street, Suite 301 | Missoula, Montana 59802 | 406.317.7220 A Different LEGAL PERSPECTIVE

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I DAHO • MONT ANA • NE VADA • UT AH • WYOM I NG • PARSONSBEHLE.COM

Holland & Hart welcomes seasoned Montana attorney Sarah Clerget, who leads the State Government Affairs practice and augments the firm’s litigation team in Montana. Sarah leverages insider knowledge of how business is done with Montana government to help companies navigate regulatory, policy, and litigation issues.

SARAH CLERGET Of Counsel | Government Affairs Specialist

BRIANNE MCCLAFFERTY | BILLINGS OFFICE ADMINISTRATIVE PARTNER 406.896.4642

401 North 31st Street, Suite 1500, Billings, MT 59101 www.hollandhart.com

co-management and co-stewardship of public lands and explore real-life examples to resource stewardship and tribal sovereignty. Is the fishpond Waters of the United States? After decades of uncertainty, “waters of the United States” under the Clean Water Act are defined by Sacket v. EPA (2023). We’ll discuss the deci sion’s impact nationally and applica tion of the Court’s 2020 Maui deci sion in National Pollution Discharge Elimination System cases in Montana. You’ll hear about the latest Constitutional developments relating to Montanans’ right to a clean and health ful environment, from updates on the youth constitutional climate case, Held v. Montana, currently on appeal before the Montana Supreme Court, to a chal lenge to the Yellowstone Generating Station, also pending before the Court. The Natural Resource Section will hold its annual meeting and election of officers. Positions are open, so you can join the leadership and direction of this critical group, watching over laws and policy of Montana’s environment. R andall A. Snyder, the founder of Snyder, Beaudry & Cook (Bigfork), is the Liason for the Natural Resources Law Section.

owes much of its title as “the last best place” to its people and natural resources. From the world-famous Held trial to joint tribal-federal management of public lands to energy policy, to Clean Water Act litigation, Montana truly is the epicenter of tradition and change. Join the Natural Resources, Energy, and Environmental Law section of the state bar for its annual CLE to discuss these topics and more this September 27, 2024 at the Alexander Blewett III School of Law. This year’s presentation offers broad topics and updates for all practitioners. Supreme Court Justice Laurie McKinnon (or another justice) begins with an update on state and federal legislation and litiga tion. She may be joined by Al Blewitt Law Professor Michelle Bryan, who grew up farming and ranching, as a UM Law stu dent, edited the Montana Law Review and was a policy specialist for the Montana Water Center in Bozeman. Curious about how Tribal and Montana environment intersect? We welcome Al Blewitt law professor Kekek Startk, Turtle Mountain Ojibwe and Bizhiw (Lynx) member and Co-Director of the UM Indian Law Program; the Margery Hunter Brown Indian Law Clinic; and the American Indian Governance and Policy Institute. He’ll address tribal

Missoula focusing on assisting private eq uity and capital venture clients in matters related to corporate formation, mergers, and general corporate advice. Renee focuses her practice in general liability and medical malpractice matters.

Previously working as a registered nurse at two large academ ic medical centers and as a legal nurse consultant for both the plaintiff and the defense side, Renee

brings a unique experience to her medical malpractice defense practice. She began her career as a lawyer at the Cook County State Attorney’s Office in the medical litiga tion section representing all county health entities, including hospitals and medical clinics, even those in the jail system. She also spent many years at a national law firm based in Illinois representing hospi tals, assisted living facilities, nursing home facilities, and outpatient care clinics. The NREEL Section The Preamble to the Montana Constitution acknowledges the grandeur of our mountains, the vastness of our roll ing plains, and the desire to improve the quality of our lives. Montana undoubtedly

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Honoring a Trailblazer: Celebrating the Career of Carey Matovich In the realm of legal excellence, Carey

Receiving the Jameson Award at the State Bar’s Annual Meeting is a profound honor for Matovich. “I am incredibly humbled and honored to receive the award, especially since Judge Jameson was always one of my legal idols,” she reflects. This recognition is not only a personal accolade but also a testa ment to Matovich’s exceptional career and her adherence to the values of integrity and excellence. Matovich’s humility in accepting the award speaks to her respect for her peers. “It is totally unexpected, as there are so many more deserving lawyers in Montana,” she adds, underscoring her admiration for the local legal community. Lessons Learned and Words of Wisdom Throughout her career, Matovich has embraced a fundamental principle that she believes is essential for success: practicing law with integrity and respect. “The golden rule of lawyering is the best mantra for me,” she asserts. This guiding principle has influenced her approach to every case and interaction, ensuring that she maintains the highest stan dards of professionalism and ethical conduct. For young lawyers and those inspired by her career, Matovich offers practical advice: “Work harder than any of your opponents, and you will prevail even against those who are much wiser than you.” She emphasizes that success in the legal field is often a result of thorough preparation and relentless dedication. Matovich also highlights the value of building meaningful relationships with clients and colleagues. “We are blessed to be in a profession where the journey is truly enjoy able, and we are able to develop life-long friendships and memories,” she notes. Her appreciation for the collaborative and sup portive nature of the legal profession reflects her belief in the importance of community and mentorship. Challenges and Insights Reflecting on her career, Matovich acknowledges the

Matovich stands out as a beacon of dedica tion, integrity, and trial mastery. At this year’s State Bar Annual Meeting, Matovich is set to receive the prestigious Jameson Award, a recognition that underscores her exceptional contributions to the legal field and her un wavering commitment to the values of justice and professionalism. A Journey Defined by Passion and Integrity Carey Matovich’s remarkable journey began in 1981 when she graduated from the University of Montana School of Law. Eager to embark on her legal career, she joined Holland & Hart in Billings. While the firm provided invaluable experience and exposure to high-caliber legal work, Matovich soon re alized that the big-firm environment did not align with her personal style and values. Determined to create a practice that reflected her aspirations and commitment to personalized client service, Matovich founded her own firm. What started as a solo prac tice has grown into a respected firm of four lawyers. Despite opportunities to practice in Colorado, Matovich chose to remain in Billings, where she has become an integral part of the local legal community. Significant Milestones and Service Matovich’s career is marked by sig nificant milestones and dedicated service. Her tenure on Montana’s Commission on Practice from 2001 to 2012 allowed her to influence key aspects of legal practice in the state. Additionally, her role on the Board of the Montana Justice Foundation from 2015 to 2019 demonstrated her commitment to advancing justice and supporting legal education. Currently, as a Regent for the American College of Trial Lawyers, Matovich continues to impact the legal field on a national level. Her involvement with the College highlights her dedication to the highest standards of trial practice and her ongoing mentorship of fellow attorneys. The Significance of the Jameson Award

challenges and experiences that have shaped her professional growth. She emphasizes the importance of stepping up when needed and striving for excellence in every case. “Our clients will judge all lawyers by the quality of the work we do for them,” she observes. This perspective underscores her commitment to delivering high-quality legal services and the meaningful impact that legal work can have on clients’ lives. Matovich also shares a valuable insight for those just starting out: “You don’t have to be the biggest fish in the pond to make a dif ference.” Her experience has taught her that the Montana bar is exceptional in terms of both support and civility. “None of them are any better than the lawyers in Montana,” she asserts, highlighting the quality and integrity of the local legal community. A Legacy of Excellence As Carey Matovich is honored with the Jameson Award at the State Bar’s Annual Meeting, her story serves as a testament to the impact one dedicated lawyer can have. Her career, marked by hard work, integrity, and an unwavering commitment to her clients, not only exemplifies the values of the legal profession but also inspires others to strive for excellence. Matovich’s journey is a powerful remind er of the importance of passion, dedication, and ethical practice in achieving lasting suc cess. Her contributions to the field, coupled with her recognition through the Jameson Award, solidify her legacy as a trailblazer and a role model in the legal profession.

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Judge Benjamin Hursh: Celebrating a Legacy of Integrity and Service with the Karla Gray Award At this year’s State Bar Annual

of this award may be a mistake,” he reflects. Hursh attributes his recognition of the importance of access to justice to the dedicated work of those at Montana Legal Services and the Montana Justice Foundation. “It is the individuals at Montana Legal services and the Montana Justice Foundation who ensure access to essential legal services,” he explains. He believes that these organizations and their efforts are deserving of the spotlight. Hursh’s commitment to legal ser vices was influenced by his experience with Klaus Sitte, Peter Habein and Gary Connelly. “As a student, I was on Klaus Sitte’s negotiation team,” Hursh notes. “Klause’ dedication to Montana Legal services was unrivaled. The combina tion of Klaus’s dedication, Peter’s words at Crowley’s associate onboarding about the importance of pro bono, and my work with Crowley’s pro bono lawyer Gary Connelly, left an indelible mark on me.” Their emphasis on pro bono work and access to justice has guided Hursh’s own advocacy and support for these initiatives throughout his career. Insights Gained and Wisdom Passed On Judge Hursh has gained valuable insights throughout his career, which he shares with both new and experienced lawyers. He emphasizes the importance of hard work and perseverance: “There is no alternative to the grind. Every successful lawyer I have crossed paths with logged the hours in the chair,” he says. This re lentless dedication is essential for achiev ing success in the legal profession. Maintaining professional integrity is another crucial lesson Hursh imparts. “You must be willing to tell the client, ‘no,’ even if it means the client will take their work elsewhere,” he advises. Upholding one’s credibility and reputation is more valuable than any immediate financial reward. For young lawyers, Hursh recommends managing expectations and delivering on promises. “Always under-promise and over-deliver, otherwise the practice will be punishing,” he suggests. Additionally, he values having a trusted peer for sup port: “It is important to have a wing-man, or woman in the profession,” he notes.

Meeting, Judge Benjamin Hursh will be honored with the Karla Gray Award, a prestigious accolade recognizing his exceptional contributions to the legal community and his unwavering com mitment to justice. This award celebrates Judge Hursh’s distinguished career and the values he embodies as a leader in the legal profession. A Career Shaped by Mentorship and Professional Relationships Judge Hursh’s career, spanning over two decades, is distinguished by the influential mentors and colleagues who have guided his journey. Early in his legal career, he was fortunate to receive meticu lous guidance from Dan Cederberg. “Dan Cederberg patiently red-lined every draft I gave him,” Hursh recalls. “He would take my printed draft and scribble his edits using a red Bic pen, then sit with me and explain each change.” This careful and dedicated mentorship laid a strong foun dation for Hursh’s career. His work at Crowley, with Bill Lamdin, and Mike Dockery provided further sig nificant support. “Lamdin and Dockery’s investments in me have served me well throughout my career,” Hursh acknowl edges. These experiences were instrumen tal in shaping his professional approach and dedication. The Great Recession brought new challenges and opportunities. Hursh’s col laboration with Boston bankruptcy lawyer Paul Moore was also important to his professional development. “Paul Moore had significant experience working on complex reorganizations,” Hursh shares. Despite Moore’s often harsh criticism, Hursh values it for making him a better lawyer. “Although the delivery could be rough, the underlying critique was con structive and I benefitted immensely from it,” he explains, highlighting the value of receiving and embracing constructive feedback. The Karla Gray Award: A Humble Recognition Receiving the Karla Gray Award is both an honor and a humbling experience for Judge Hursh. “Although I consider it a tremendous honor, I think my receipt

Having a reliable sounding board for per sonal and professional issues is invaluable. Building Relationships and Maintaining Professionalism Judge Hursh places great importance on fostering relationships within the legal community. “Discussing a case face-to face over lunch with opposing counsel is more productive than any email you will write,” he says. Building trust and mutual respect with opposing counsel enhances the legal process and leads to better outcomes for clients. “When you culti vate relationships with opposing counsel over years that result in mutual trust, the results for your client and theirs will be better time after time,” he explains. He also underscores the broader implications of professionalism. “If clients observe lawyers treating other lawyers badly or blaming the court for an adverse outcome, it undermines their confidence in all of us and the judicial process,” Hursh cautions. Maintaining professional ism is crucial for preserving public trust in the judiciary. A Legacy of Excellence and Dedication As Judge Benjamin Hursh receives the Karla Gray Award, his career stands as a testament to the profound impact of dedication, mentorship, and integrity. His journey reflects the values of hard work, ethical practice, and a deep commitment to justice. Judge Hursh’s legacy is marked by his exceptional ability to balance pro fessional demands with a genuine con cern for the broader impact of his work. His story underscores the importance of valuing relationships, maintaining professionalism, and continually striving for excellence, offering a model for future generations of lawyers to follow.

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Celebrating D. Michael Eakin: A Beacon of Pro Bono Excellence In a world where legal challenges can often seem insurmountable, D. Michael Eakin stands out as a beacon of hope and dedication. Recently honored with the Neil Haight Pro Bono Award, Eakin’s career is a testament to the transforma tive power of selfless service in the legal profession. Eakin’s journey began in 1976 with Montana's Annual Meeting in September. The event will serve as a fitting celebra tion of his remarkable contributions and a chance to reflect on the values that have guided his exemplary career. Reflecting on his career, Eakin em phasizes the profound rewards of pro bono work. His advice to young lawyers is straightforward yet powerful: "Just do it." careers, Eakin offers sage advice: "Never be afraid to ask for help." This

openness to seeking guidance

the Montana Legal Services Association (MLSA), where he dedicated nearly four decades of his career as a staff attor ney. During this time, he became a vital advocate for those who could not afford legal representation, particularly in appel late work. His tenure at MLSA not only shaped his professional trajectory but also ingrained in him a deep commitment to pro bono service. The Neil Haight Award, named in honor of the former MLSA director who was a mentor to Eakin, holds special significance for him. It is not merely a rec ognition of his professional achievements but a tribute to the values and principles that guided his early career. For Eakin, re ceiving this award is a poignant reminder of the legacy of Haight and the enduring impact of his mentorship. Eakin will receive this prestigious award at the upcoming State Bar of

pivot to social work after completing her undergraduate studies. This shift set the stage for a deeply impactful career in law, marked by notable milestones and a profound commitment to justice. A Dynamic Career Path Althauser's entry into the legal field began with a focus on representing chil dren in foster care, a role that allowed her to advocate for some of society's most vulnerable members. Reflecting on her early career, she noted, “I repre sented children in foster care for many years when I first started practicing,” emphasizing her early dedication to advocacy. Her work with a sliding scale law firm in Missoula further highlighted her commitment to accessible legal services, where she proudly shared, “We developed a successful law firm model Pro bono cases, he believes, can some times offer more satisfaction than paid work. By maintaining at least one pro bono case, young lawyers can experience firsthand the fulfilling nature of giving back to the community. Eakin’s professional growth has been marked by numerous lessons, both large and small. He recalls a formative moment during a 9th Circuit case, where a judge praised an attorney’s brevity in their reply brief. This simple yet impactful feedback has stayed with him, highlighting the im portance of clarity and efficiency in legal practice. Staying motivated in the demanding field of law requires a deep sense of pride in one's work, a principle that Eakin holds dear. His commitment to excellence is driven by a genuine respect for the craft and a dedication to his clients. For those just starting out in their legal

is a crucial element of professional development and success.

based on representing clients for $60-$75 per hour.” Her leadership skills soon became evident as she served as president of both the New Lawyers Section and the Western Montana Bar Association. These roles allowed her to shape the legal com munity and mentor emerging lawyers. In 2021, her commitment to pro bono work was recognized when she received the Neil Haight Pro Bono Award for her contributions to Guardian ad Litem (GAL) cases in Missoula County. This accolade was a significant affirmation of her dedication to service. Today, Althauser brings her wealth of experience to the Alexander Blewett III School of Law at the University of Montana, where she serves as the admis sions director. In this role, she helps D. Michael Eakin’s recognition with the Neil Haight Pro Bono Award not only celebrates his distinguished career but also highlights the vital role of pro bono work in the legal field. His journey is an inspiring reminder that dedication to service and a commitment to excel lence can profoundly impact both the profession and the lives of those it serves. Congratulations, D. Michael Eakin, on this well-deserved honor. Your legacy of advocacy and service continues to shine brightly, and we look forward to cel ebrating your achievements at the State Bar of Montana's Annual Meeting this September.

Meri Althauser: Award Recipient and a Journey from Music to Law in Pursuit of Justice

Meri Althauser's career trajectory is a testament to the power of evolving passions and unwavering dedication. Initially envisioning a future as a concert violinist, Althauser made a significant

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select and train the next generation of legal professionals, shaping the future of law through her leadership and vision. “I now have the privilege of helping to select and train our next lawyers,” she said, highlight ing her commitment to fostering future legal talent. The Significance of the Frank Haswell Award Meri Althauser is set to receive the prestigious Frank Haswell Award at the State Bar of Montana's annual meeting, a recognition that honors her exceptional contributions to writing and storytelling. The award acknowledges her ability to connect with readers on a personal level. For Althauser, this accolade is more than a professional milestone; it is a validation of her efforts to communicate heartfelt and impactful stories. She reflected, “This award, as well as hearing from readers who felt supported by my writing, is an honor that truly has not even yet sunk in.” Lessons Learned and Advice for Future Lawyers Reflecting on her career, Althauser identifies authenticity as a cornerstone of her success. “The most important lesson I learned that contributed to my success is to be myself,” she stated. Overcoming imposter syndrome and the pressure to conform, she found that embracing her This September, the State Bar of Montana will celebrate one of its most distinguished legal profession als, Jean Faure, as she receives the prestigious George Bousliman Award at its Annual Meeting. This esteemed honor, which recognizes exceptional contributions to the legal field, will be presented to Jean in acknowledg ment of her remarkable career and her steadfast dedication to the practice of law. Jean Faure’s career is a compelling narrative of adaptability, resilience, and relentless commitment. Her jour ney began with a deep-seated aspira tion to clerk for a Federal District Court Judge in Montana. However, as Jean reflects, “Few career paths are linear. Mine definitely was not.” Despite missing out on this initial

if there are days I am not motivated and don't strive for excellence,” she said. This balanced approach helps her sustain her passion and effectiveness in her practice. One critical piece of advice she wishes she had known earlier is the availability of concrete skills and methods for manag ing imposter syndrome, difficult inter personal conflicts, and burnout. “I wish I had known that there were concrete skills and methods for dealing with imposter syndrome, difficult people, burnout, and other difficult inter-personal conflicts,” she reflected. Understanding that these chal lenges can be addressed through specific strategies has been instrumental in her professional development. Conclusion Meri Althauser's journey from aspiring violinist to distinguished legal professional illustrates a career marked by adaptability, dedication, and a deep commitment to justice. Her achievements, including the Frank Haswell Award to be presented at the State Bar of Montana's annual meeting, and her influential role at the Alexander Blewett III School of Law, highlight her impact on the legal community. As she continues to inspire and mentor, her story serves as a powerful reminder of the importance of authenticity, resilience, and compassion in the pursuit of excellence. unfolded when she and Jason Holden founded their own law firm in Great Falls. This new venture allowed Jean to specialize in employment and labor law, further expanding her professional hori zons. “That work has opened doors to relationships across the United States and collaboration with some of the finest employment attorneys in the country,” she says. This phase of her career has been marked by extensive networking and collabora tion, contributing to her reputation The next pivot al chapter in Jean’s career

true self was key to thriving as a lawyer, mentor, and writer. Her advice to young lawyers is simple yet profound: “We know how to be a good person, or a good friend, but being a good lawyer requires being explicit about the characteristics that make you that good person and amplifying those skills to benefit others.” Althauser also emphasizes the impor tance of resilience in the face of challenges. Some of her most formative experiences came from situations where her efforts could not alter the outcome, but where her presence and compassion provided solace to clients. “The moments that shaped me the most were the moments where my ability to help someone was actually hopeless,” she noted. These moments highlighted the significance of offering emotional support and peace, regardless of the final legal resolution. “No matter what outcome we're capable of achieving, we're all capable of achieving that moment of peace for our clients.” Maintaining Motivation and Embracing Growth To stay motivated and strive for excel lence, Althauser practices the same tools she writes about. She also acknowledges the importance of self-compassion, recog nizing that it is acceptable to have off days. “I give myself the grace to know it's okay opportunity, she embraced an un expected path that led her to clerk with the U.S. Court of Appeals for the Ninth Circuit in San Francisco and San Diego. These two years were pivotal, providing her with invaluable experiences and shaping her future in profound ways. “I spent two of the best years of my life in California,” she recalls. Upon her return to Montana, Jean joined the prestigious law firm of Church, Harris, Johnson & Williams in Great Falls. Her early career was characterized by a focus on plaintiff’s cases, where she achieved notable suc cess. A standout moment came during a brain injury trial in Libby, Montana. In this landmark case, the jury’s deci sion to award “everything they asked for” not only demonstrated Jean’s effective advocacy but also established a precedent on Montana’s recreational use statute.

Jean Faure Honored with George Bousliman Award for Distinction and Professionalism

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as a leading figure in employment law. Receiving the George Bousliman Award is a deeply meaningful recognition for Jean. She expresses, “Having known George and admiring so many others who have received this award, I am not certain I am worthy.” This sentiment reflects her deep respect for the legacy of George Bousliman and the honor of being acknowledged in his memory. For Jean, this award is not only a testa ment to her achievements but also a celebration of the values she holds dear in her profession. Jean’s career has been defined by hard work and an unwavering dedication to excellence. She subscribes to the philosophy, “if I work 14 hours a day, seven days a week, I get lucky,” underscoring her belief that persever ance and diligence are key to overcoming challenges. Her commitment to this ethos has been a driving force throughout her career, enabling her to achieve notable successes and make significant contributions to the field. For young lawyers and aspiring professionals, Jean offers insightful advice: “Communicate by phone with counsel, colleagues and clerks. There is no substitute for that level of connection and you always learn something.” She believes that direct communication fosters valuable relationships and enhances professional growth, a prin ciple that has been integral to her own success. Jean’s professional journey has also been shaped by personal loss. The early deaths of two close friends and

mentors had a profound impact on her. “Their deaths were a huge loss, personally and professionally. As their work with me was unfinished, my goal has been to meet their standards of excellence and commitment,” she re flects. This personal drive to honor their legacy has been a significant motivator throughout her career. Maintaining motivation and striving for excellence are central to Jean’s approach to her practice. She finds inspiration in her work and in the relationships she has built with her clients. “I work hard so my dog can have a better life,” Jean says, extending this sentiment to her cli ents, many of whom have become close friends. “Making my clients’ lives easier through strategies and solutions is genuinely rewarding,” she adds, highlighting the personal satisfaction she derives from her professional achievements. As Jean Faure prepares to accept the George Bousliman Award, her career stands as a testament to perseverance, excellence, and a deep commitment to the legal profession. Her journey and accomplishments con tinue to inspire those around her and serve as a model of dedication and integrity. Congratulations, Jean Faure, on this well-deserved rec ognition. Your exceptional contributions and unwavering commitment to your profession shine brightly, setting a standard of excellence for others to follow.

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Art for Justice Silent Auction Shown below is one of the featured items in the ninth annual Art for Justice silent auction to benefit the Montana Justice Foundation. The auction will be held during the Thursday President's Reception and Awards Banquet. This year's auction items will include original works by Montana lawyer-artists, donated art, and vacation rentals, as well as a wine basket. Online bidding begins on Thursday, September 5th at noon and will close on Thursday, September 12 at 8:30 pm. Go to https://givebutter. com/c/pFYwRj for more details!

Nancy Dunlop Cawdrey paints with vibrant French dyes on crepe de chine silk fabric adapting her experience in water media to express her renowned contempo rary style. Cawdrey’s signature western motif paintings, vibrant florals, and command ing wildlife masterworks can be found in museums and private collections around the world. Her home studio is in Northwestern Montana right next to the endlessly inspira tional Glacier National Park. In 2020, Nancy was honored to launch a one-woman traveling museum exhibit titled “Forever Glacier” which focuses on the mam mals native to Glacier National Park. The collection contains twenty-five large-format original silk paintings depicting Glacier’s variety of mammals, habitats, and landscapes. Forever Glacier has exhibited at the C.M. Russell Museum, The Booth Western Art Museum, The Hockaday Museum of Art, and continues to travel to new venues around Montana and the rest of the country. Nancy also teaches silk painting work shops multiple times a year. For the past 14 years, she has led a workshop at Triple Creek Ranch in Darby, MT, a five-star resort and member of the prestigious Relais & Châteaux. Nancy is a founding member of the

Russell Skull Society of Artists and has regularly participated in The Russell: A Sale to Benefit the C.M. Russell Museum. She has shown at the National Cowboy Museum’s Small Works, Great Wonders show, the National Cowgirl Museum, the Gilcrease Museum, and various other shows across the country. In 2010, her art was selected to be an Official Glacier Park Centennial Art piece and Nancy became an Official Centennial Artist chosen by the Glacier National Park 2010 Centennial Committee. Honors include being the Featured Artist at the Jackson Hole Fall Arts Festival 30th Anniversary where Nancy’s painting set a new auction record, and numerous years as “People’s Choice” at the Buffalo Bill Art Show & Sale in Cody, Wyoming. Nancy’s work is included in the stellar “Night of Artists” show at the Briscoe Western Art Museum in San Antonio, Texas. Nancy is represented by Cawdrey Gallery in Whitefish, Montana; West Lives On Contemporary Gallery in Jackson Hole, Wyoming; Big Horn Galleries in Cody, Wyoming and Tubac, Arizona; and the San Francisco Street Gallery in Santa Fe, New Mexico.

“Close Encounter” Dye on Silk 16x12 (21x17 framed) Original art by Nancy Dunlop Cawdrey

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PRO BONO CHRONICLES Pro Bono Advocacy Beyond Family Law: Opportunities to Make a Difference ALISSA CHAMBERS

If you're interested in pro bono work but hesitant about handling family law cases, now is the time to step in and make a difference. Historically, the need for pro bono services has centered on family law. However, a 2023 assessment reveals that housing and homelessness have become the most pressing issues among Montana Legal Services Association (MLSA) clients, community partners, and the legal com munity. 1 Eighteen percent of Montanans, or 182,000 people, qualify for civil legal aid at 125% of the federal poverty level. In 2023, MLSA had only one attorney for every 8,000 income-eligible Montanans. In 2022, Montana lawyers donated over 141,000 hours of pro bono time, valued at over $20 million, to address the growing gap between legal needs and available resources. Leadership in pro bono work and a culture of generosity are deeply valued in our legal community, with daily examples of lawyers making a positive impact. This past year, I couldn't save a friend's (client’s) home through legal means. Facing the harsh realities of life for our low-income neighbors left me overwhelmed and depressed. But then, I received an unexpected gift—my friend asked for help moving. Later, she told me that watching me struggle to turn a U-HAUL on her narrow street gave her the laughter she needed to get through that day. That experience pulled me out of my head and into the reality of simply responding to what life puts in front of us. When all seems lost, just showing up can be enough. We can't solve all of society's problems, but our education and profession place

us in a position of privilege. No other profession can give voice in court to the silent suffering of our neighbors. We have the freedom and the power to make a difference. My ask is simple: open your heart and mind to how you can best serve your community. Only you know what lights you up, makes you angry, breaks your heart, and moves you to action. Any act of generosity, no matter how small, makes a difference. Your courage, skills, and willingness to engage are needed now. As a wise person said, "you cannot sink half a boat"—we're all in this together. Housing Instability The cost of living in Montana con tinues to climb, with high housing prices, steep mortgage rates, property tax increases, and rising insurance premi ums impacting all Montanans. Inflation outpaced wage growth in 2022, resulting in real average wage declines of 1.6%. Cost-burdened Montana homeowners, including older Montanans living on fixed incomes, are particularly vulnerable to housing insecurity, often just "one misstep or emergency away" from losing their homes. COVID-19 exacerbated systemic risk factors for households in need. The stakes for homeowners who fell behind financially during the pandemic are staggeringly high. The majority of foreclosures in Montana occur outside of court by way of a trustee sale, After certain notice periods, as autho rized by the Small Tract Financing Act. In my former life as a private practice corporate lawyer, I represented creditors and lenders. By and large, Montana-based lenders and borrowers were aligned in reaching mutually agreeable resolutions before resorting to foreclosure. The foreclosure matters I am seeing today are different in that I am not dealing with Montana based lenders or Montana based opposing counsel or trustees. The inability to access a single point of contact, let alone the same consistent contact, has been my largest frustra tion in these foreclosure matters. As

Alissa Chambers joined the Montana Justice Foundation as the new Executive Director in September 2022. Before joining the Montana Justice Foundation, Alissa was a partner at Crowley Fleck, where she was a commercial attorney focusing on merger and acquisition transactions and private securities. Alissa also worked with Crowley’s in-house pro bono attorneys to expand Crowley’s pro bono efforts across the firm, provid ing support, encouragement, and mentorship to pro bono attorneys. Alissa has been passion ate about pro bono work and access to justice issues since she became a lawyer in 2011. She is thrilled to join this organization and work to bring equal access to justice for all Montanans. Alissa can be reached at achambers@ mtjustice.org.

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Let your network know that MERA funding exists for emergency rental assistance. Get familiar with and refer folks to the MLSA website. Pick up the phone and negotiate with landlords. Offer to find safe accommodations for displaced family pets. Assist your neigh bor in applying for housing vouchers. Be a mentor. I've made countless cold calls to Montana lawyers, experts in their fields, to ask for advice on issues that kept me up at night. Not once has a Montana lawyer turned me down, telling me to learn the hard way. For all of you who have donated your time and shared your wisdom, thank you. If you are not in a position to give your time, consider a generous financial contribution to the cause. There’s no “one size fits all” ap proach to pro bono work. Your capacity to show up in the face of suffering may change from day to day, hour to hour. The scope and range of our actions matter less than how well we respond to the specific demands of our commu nity. Together, we can respond to these crucial times with compassion and treat our neighbors with humanity.

requirements surrounding eligibility for housing assistance and protections for homeowners continue to evolve, it’s not surprising that homeowners are confused about their rights and op tions. Legal assistance pre-foreclosure can make a world of difference in the life of a person who risks losing every thing and is unlikely to be able to afford another home.

employment opportunities. MLSA at torneys are drinking from a firehose to respond to initial landlord notices in this compressed timeline and help ten ants apply for federal emergency rental assistance (MERA). MERA benefits through MLSA will end this December. What Can You Do? The most important help you can give to a client in crisis is active listen ing. For example, you may be able to identify 5 or more urgent legal issues that need urgent attention, but the is sue keeping your client up at night is what will happen to their pets. Listen for the simple request, which could be as easy as helping a neighbor in crisis communicate with a lender, landlord, organization. Lawyers have power and privi lege in that when we reach out for communication, our voices are usually heard. For distressed homeowners, grants through the Montana Homeowners Assistance Fund (HAF) Program may be available for mortgage reinstatements, lien prevention, utilities/internet, home repairs and forward-facing monthly payments. The key to HAF funding is that the client has engaged in loss mitigation discussions with the lender . It is beyond the scope of this article to dive into the HAF program, but I will happily provide further detail to anyone interested, just reach out at achambers@ mtjustice.org.

Under current Montana law (absent contrary language in the lease agree ment), a family can be displaced in as little as 13 days (less if the tenant fails to respond to the complaint for eviction in the 5-business day window). Imagine trying to work, parent, pack up a life, secure alternative housing, reserve a U-HAUL, and find storage within that time. The silver lining is that tenants still have access to the courts, an opportunity to ask questions and have an impartial decision-maker to evaluate the claims. However, a court-ordered eviction remains on the tenant's credit report, limiting future housing, financing, and

Endnotes 1

2023 Legal Needs Assessment, Montana Legal Services Association. These concerns are closely followed by challenges in accessing public benefits and cash assistance.

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