Montana Lawyer February/March 2025

FEBRUARY/MARCH 2025 VOL. 50 | ISS. 1

Task Force Continues Examining Changing Profession; Shares Preliminary Survey Data

Also Inside: Finding Significance in Insignificance: Micro-Actions to Take When Problems Feel Endless How to Overcome the Winter Blues and Find Wellness

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FEBRUARY/MARCH 2025 VOL. 50 ISS. 1

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. Publisher | John Mudd Editor | Regina Mercado email : montanalawyer@montanabar.org Montana Lawyer Subscriptions are a benefit of State Bar membership. Subscriptions for non members are available for $50 per year. Ad rates and subscription information are avail able by emailing montanalawyer@montanabar. org. Statements and expressions of opinion appear ing in the Montana Lawyer are those of the advertisers or authors. Unless specifically stated, they are not the official position or view of the State Bar of Montana, its officers or trustees, and they do not necessarily represent the views of all members of the State Bar of Montana. Postmaster: Send address changes to mon tanalawyer@montanabar.org.

STATE BAR OFFICERS President Antoinette “Toni” Tease, Billings President-Elect Aislinn Brown, Helena Secretary-Treasurer Erica R. Grinde, Missoula Immediate Past President J. Stuart Segrest, Helena Chair of the Board Albert “Rich” Batterman, Baker BOARD OF TRUSTEES Area A Ryan G. Hennen, Whitefish Area B Beth Hayes, Missoula Dana L. Hupp, Missoula Natasha Jones, Missoula Area C Kaylan C. Minor, Dillon Area D Anthony Gallagher, Great Falls Claire Lettow, Great Falls Area E Albert “Rich” Batterman, Baker Area F Craig D. Charlton, Helena

Task Force Continues Examining Changing Profession; Shares Preliminary Survey Data

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How to Overcome the Winter Blues and Find Wellness

Finding Significance in Insignificance: Micro Actions to Take When Problems Feel Endless

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

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 Michael Klepperich, ABA Delegate ( Young Law yers’ Division ) Matt Thiel, Missoula (Statewide Delegate) Tucker Gannett, Billings (State Bar Delegate)

22 LAWYER WELL-BEING 24 LEGISLATIVE UPDATE 25 IN MEMORIAM 26 JOBS/CLASSIFIEDS

10 STATE BAR NEWS 14 JURY ECONOMICS

PRESIDENT’S MESSAGE The Rule of Law Is Good for Business

It is no coincidence that the United States has the largest economy in the world and also the most robust intellectual property system. Our patent system is proof that the rule of law is good for business. The quid pro quo for obtaining a patent is the obligation placed upon the inventor to fully “teach” his invention to the public so that society can build upon that knowledge when the patent expires. In this respect, our patent laws are a reflection of the uniquely American tension be tween individualism and collectivism. In a healthy democracy, this tension plays itself out in innu merable ways, with the push and pull resulting in conflict and compromise. “To varying degrees over the course of our history…, we tended to view our individual and collective well-being as powerfully entwined.” 4 Our patent system is but one example of the rule of law at work. Generally speaking, the rule of law creates the stability and predictability busi nesses need to foster investment, drive economic growth, and succeed in today’s competitive global markets. Research shows that stronger rule of law correlates with higher GDP per capita, reduced corruption, and better socioeconomic outcomes— key indicators of a thriving business environment. For businesses, the rule of law translates into minimized risks, effective dispute resolution, and the protection of contracts and property rights. Tools like the World Justice Project’s Rule of Law Index 5 empower companies to assess potential markets, navigate regulatory landscapes, and make data-driven investment decisions. Awareness of the rule of law in global markets helps to mitigate exposure to unstable or poorly governed environ ments. Beyond risk management, supporting the rule of law promotes transparency, accountabil ity, and equality, fostering trust and stability in markets.

I have devoted my career to helping entre preneurs and inventors protect their ideas. Our patent system was first conceptualized in Article I, Section 8 of the U.S. Constitution, which states in part that “Congress shall have the Power… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respec tive Writings and Discoveries….” At the time these words were written, the framers of the Constitution were both cautious of the dangers of monopolies and desirous of incentivizing inno vation in a fledgling country with vast expanses of geography that called for resourcefulness and ingenuity. Their solution was to circumscribe government-sanctioned monopolies in three respects. First, the monopoly (patent) must be for an invention that is useful. Second, it must be granted for a limited time only. Third, the patent must be awarded to the actual inventor. According to the U.S. Patent and Trademark Office (USPTO), Gallatin County led the rest of the state in numbers of issued patents from 2000 2015. The runners-up are Flathead, Missoula, Ravalli and Yellowstone Counties. A USPTO report published in 2022 states that in the mid 1990s, companies began spending more on intangible property than on tangible property and “started investing more in research, develop ment and the commercialization of intangible assets …. ” 1 This shift in the emphasis from tangible to intangible assets reflects a broader shift toward a knowledge-based economy. Citing USPTO statistics, the U.S. Chamber of Commerce touts that intellectual property contributes $7.8 trillion to the economy and constitutes about 40% of the nation’s gross domestic product (GDP). 2 The 2024 International IP Index, published by the U.S. Chamber of Commerce, ranks the United States No. 1 for its commitment to intellectual property protection. 3

Toni Tease is a registered patent attorney and a solo practitioner who special izes in intellectual property law. Her office is located in Billings, Montana, and her website is at www.tease law.com.

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MONTANA LAWYER

The views expressed in this President’s Message are those of the State Bar President. They do not necessarily reflect the views of all State Bar members and are not an official position of the State Bar itself. accessed at https://www.umt.edu/montana-constitution/ articles/article-ii/ii-3.php#:~:text=3%2C%20Inalienable%20 rights.-,All%20persons%20are%20born%20free%20and%20 have%20certain%20inalienable%20rights,happiness%20 in%20all%20lawful%20ways (citing Locke, John, The Second Treaties, an Essay Concerning the True Original, Extent, and End of Civil Government (1698)). 3 2024 International IP Index, U.S. Chamber of Commerce (12th ed., Feb. 22, 2024), accessed at https://www. uschamber.com/intellectual-property/2024-ip-index. 4 Reissbourd, Richard and Murphy, Chris, We Have Put Individualism Ahed of the Common Good for Too Long, Time (Apr. 11, 2023), accessed at https://www.uschamber. com/intellectual-property/2024-ip-index. 5 The Global Rule of Law Recession Continues, World Justice Project, accessed at https://worldjusticeproject.org/ rule-of-law-index/. 6 The Constitution of the State of Montana, Article II, Declaration of Rights, Section 3, Inalienable Rights. 7 Montana Constitution, University of Montana,

The rule of law applies not only to human or civil rights but also to property and economic rights. These rights were enshrined in the U.S. Constitution, and they are also memorialized in the Montana Constitution, which af fords protection for “acquiring, possessing and protecting property….” 6 In his treatise on government, written a hundred years before our nation was formed, John Locke noted that man had the right to “preserve his Property… against the Injuries and Attempts of other Men…” 7 It is in this very arena—the protection and enforcement of prop erty rights—that many of us hone our craft and fulfill our mission of fostering the rule of law. Endnotes 1 Intellectual property and the U.S. economy: Third edition (March 17, 2022), accessed at https://www.uspto.gov/ sites/default/files/documents/uspto-ip-us-economy-third edition.pdf. 2 The Pillars of Free Enterprise Rest on IP, U.S. Chamber of Commerce (Feb. 22, 2024), accessed at https://www.uschamber.com/intellectual-property/ the-pillars-of-free-enterprise-rest-on-ip.

2023-2024 Legislative Interim Session Refund

At the close of the 2023 leg islative session, the Montana Legislature passed Senate Joint Resolution 31 to study the State Bar of Montana. Although under the Montana Constitution, the practice of law is regulated by the Montana Supreme Court and not the legislative branch, the State Bar did not oppose SJ31 and cooper ated with the Law & Justice Interim Committee throughout the 2023 24 Interim, including providing information to the committee and helping locate experts to testify on a variety of issues including bar admission and legal education. The Law & Justice Interim Committee completed its work in the fall of 2024 and recommended no legislation resulting from the SJ31 study. The Committee's report is located on the State Bar website under Legislative News. In 2024, a second committee of the Montana Senate was formed, the Senate Select Committee on Judicial Overreach and Reform. Again, at

the committee's request, the State Bar helped secure witnesses to testify on subjects such as attorney ethics and discipline and monitored the committee's work, providing testimony on topics under con sideration. Late last fall, the Select Committee decided to draft legisla tion directly involving the State Bar and the regulation of the profession. Those bills have now been intro duced in the 2025 legislative session. The State Bar does not typically engage in governmental affairs work over the legislative interim session, as that work does not involve pend ing legislation but is responsive to the various interim committees and involves monitoring their work. However, because SJ31 involved the study of the State Bar and the Select Committee examined issues involv ing attorney regulation and disci pline, during the 2023-24 interim, the State Bar decided to utilize the services of Bruce Spencer, our lob byist, and incurred some modest allocation of bar staff time during

the interim. Those Interim expenses total $17,108.48. The Executive Committee has concluded that the State Bar should issue a legislative refund for the 2023-24 Interim. As of December 2024, at the close of the Interim, the total number of active members was 4,242. Following Board Policy 3-104, the Executive Committee has calculated that the 2023-24 Interim refund is $4.03. Under Board Policy 3-104, active members seeking a refund for the 2023-24 Interim Session may write to the State Bar within 45 days of the date of publication of this issue of the Montana Lawer to request that refund. At the close of the 2025 Legislative Session, the State Bar will calculate a legislative refund for the 2025 session and publish it online and in the next available issue of the Montana Lawyer. For a list of bills the Stae Bar is has taken a position on, please see page 24.

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MEMBER NEWS

member of the Moot Court Team, and worked as a teaching assistant. After law school, Tyler clerked for Justice Jim Rice of the Montana Supreme Court and Judge N. Randy Smith of the United States Court of Appeals for the Ninth Circuit. Having previously interned with Boone Karlberg P.C., Tyler returned to the firm as an associate in 2018. Before pursuing law, Tyler served in the United States Marine Corps Infantry and worked in information technology. His legal practice focuses on commercial litigation and arbitration, state and federal appeals, insurance defense, and professional negli gence and malpractice defense. Outside of work, Tyler spends his free time with his wife, Tia, and their six children. Boone Karlberg P.C. announces New Shareholder and Partner, Cynthia L. Walker. Boone Karlberg P.C. GUIDELINES FOR SUBMITTING MEMBER NEWS The Montana Lawyer welcomes news from mem bers including announcements of new positions, ad vancements, honors, appointments and publications. 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 to montanala wyer@montanabar.org. Please direct any questions to the same address. We will include firm name, location, the change that is being announced, attorney’s name, law school, practice areas, and a high-resolution photo.

CAREER MOVES Garlington, Lohn and Robinson announce

Michael D. Bybee as our firm’s newest partner. Michael has been practicing for over 12 years. His practice includes both litigation and transactional work. Mike has experience advising clients prospectively on issues such as estate planning, probate and

trust administration, business formation, land use, and con tract drafting and review. Mike also has diverse experience in litigating insurance defense, probate and trust matters, real estate matters, and other civil matters. Additionally, he has experience with full jury and bench trials to verdict, and with appellate briefing. Mike is admitted to practice in Montana and Idaho State Courts, the United States District Court for the Districts of Montana and Idaho, and the United States Court of Appeals for the Ninth Circuit. Boone Karlberg P.C. announces New Shareholder

and Partner, Elizabeth W. Lund. Boone Karlberg P.C. introduces our new shareholder and partner, Elizabeth W. Lund. Lilla was born in Worcester, Massachusetts. She began work ing at a guest ranch in Montana in the summers starting in 2002. She moved to Montana full-time upon

announces that Cynthia L. Walker has been named our newest shareholder and partner. A native of Butte, Cindy brings extensive experience in employment and labor law, municipal liability law, civil litigation defense, and appellate work. Cindy graduated with honors from the University of Montana School of Law in 1999, where she served as an editor

graduating from Suffolk University Law School in 2009. Lilla was previously a partner at Moore, O’Connell and Refling, P.C. and Berg Lilly, P.C. in Bozeman. Lilla joined Boone Karlberg as a shareholder in 2025 in conjunction with Boone Karlberg opening an office in Bozeman. Her legal practice fo cuses on insurance defense and coverage, commercial litiga tion, personal injury, construction law and litigation, equine law, premises liability, products liability, real estate litigation, and trust and estate litigation. Currently serving as the presi dent of the Montana Defense Trial Lawyers Association and formerly serving as the past-president of the Gallatin County Bar Association, Lilla remains an active leader in her profes sion. In her free time, Lilla enjoys horseback riding, tennis, cooking, hiking, and trail running. Boone Karlberg P.C. announces New Shareholder and Partner, Tyler M. Stockton. Boone Karlberg P.C. introduces our newest partner and shareholder, Tyler Stockton. Tyler graduated summa cum laude with highest honors from Patrick Henry College with a B.A. in Government and earned his J.D. with highest hon ors from the University of Montana Law School in 2016. During law school, he was an editor for the Montana Law Review, a

of the Montana Law Review and a teaching assistant for the legal research and writing program. Following her clerkship with Justice Jim Regnier at the Montana Supreme Court, Cindy practiced as an associate attorney with Datsopoulos, MacDonald & Lind, P.C. in Missoula for two years and with Church, Harris, Johnson & Williams, P.C. for four years. In 2006, she returned to Butte to join Poore, Roth & Robinson, P.C., where she worked until the firm’s dissolution. Cindy became part of Boone Karlberg’s talented team in September 2021. We are honored to have Cindy’s leadership and exper tise guiding our firm into the future. Measure Law, P.C. announces that Bridger Dolan

has joined the firm , bringing his expe rience in real estate disputes and transac tions, business law, and estate planning/ probate. A proud double alumnus of the University of Idaho, Bridger graduated Magna Cum Laude with a Bachelor of

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MONTANA LAWYER

Parsons Behle & Latimer Welcomes Jeffrey R. Kuchel

Parsons’ Missoula office is pleased to announce the addition of shareholder Jeffrey R. Kuchel to its commercial litigation practice. Jeff’s practice concentration is in real property matters, including land titles, easements, title insurance and related issues. Jeff also represents business entities and individuals in complex commercial litigation matters. Learn more about Jeff and our Montana attorneys at parsonsbehle.com .

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

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

to continue serving clients at OML, offering personalized at tention and strategic guidance. Hannah Clouse joins Orr McDonnell Law PLLC. Hannah is a recent graduate of the

Science in Business Economics before earning his Juris Doctor from the University of Idaho College of Law in Moscow. He is admitted to practice law in Montana at both the state and federal levels. Prior to joining Measure Law, Bridger gained valuable experience in general civil litigation, family law, bankruptcy, and estate planning while working with a large firm. He is also an active member of the Northwest Montana Estate Planning Council. Bridger is committed to helping clients navigate complex legal and financial matters with practical, results-driven solutions. Please join us in welcoming Bridger to the Measure Law, P.C. team! J.R. Casillas joins Orr McDonnell Law PLLC. After

University of Montana School of Law. Prior to law school, Hannah worked as a legal assistant at the Missoula County Attorney’s Office and followed with a clinical internship with the Child Support Services Division and with Orr McDonnell Law PLLC.

Hannah’s practice areas include family law, civil litigation, estate planning, and landlord tenant law. Hannah, having lived all her life in Missoula, maintains strong ties with her commu nity and is a very welcome addition to OML. Ninth Circuit Selects Raph Graybill as Appellate

16 years with Datsopoulos, MacDonald & Lind, P.C., J.R. Casillas has joined Orr McDonnell Law PLLC, bringing with him diverse experience and a client-focused approach to legal disputes. A graduate of the School of Law at Creighton University in Omaha, Nebraska, J.R. represents clients in a wide array of civil matters,

Lawyer Representative. Graybill will serve a three-year term beginning January 1, 2025. Appellate Lawyer Representatives are members of the Ninth Circuit Judicial Conference, participate in meetings throughout the circuit, and assist the court with special projects. They are chosen from the federal appellate bar by members of the

including focus in the areas of real estate, construction and construction defects, contracts, commercial disputes, and personal injury claims. During his tenure at DM&L, P.C., J.R. represented individuals, property owners, contractors, and businesses in a variety of cases, securing favorable outcomes through negotiation, mediation, and trial work. J.R. is excited

Court Executive Committee. Graybill is a shareholder with Graybill Law Firm, P.C., a Montana trial practice founded in 1920. He focuses on complex civil litigation, including individual damages claims,

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MORE MEMBER NEWS

business cases, and litigation against government entities. Graybill previously served as Chief Legal Counsel to the Governor of Montana and as a law clerk to Chief Judge Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit. Michelle Ostrye joins Silverman Law Office. Michelle

serving clients from the Big Timber office as part of the Silverman Law Office team. Founded in 2012 by attorney Joel Silverman, Silverman Law Office has served more than 7,000 clients from its offices in Helena and Bozeman. The firm specializes in estate planning, tax law, business law, real estate, liquor and gaming law, pro bate, and litigation, among other practice areas. With the addi tion of Mark Josephson, Silverman Law Office now has a team of nine attorneys across Montana. For more information, visit www.mttaxlaw.com or call Silverman Law Office at 406-449-4829. Dale & Van Horn Law is Now Open Attorneys Kallie Dale and Kathryn Van Horn announce the opening of Dale & Van Horn Law, in Helena, MT. Dale & Van Horn’s practice areas include Wills & Estate Planning, Probate, Immigration, and Tribal Law. Kallie Dale received her J.D. from the University of Texas and

Ostrye has joined Silverman Law Office, bringing nearly 30 years of experience in real estate, business, commercial litigation and bank ruptcy law. Born and raised in central Montana, Ostrye earned a bachelor’s degree in English from the University of Montana before completing her law degree at Texas Tech University

School of Law. Her career includes practicing law in Texas and New Mexico, where she was elected shareholder in a 50-at torney firm and recognized as a top candidate for a federal bankruptcy judge position. After spending a year abroad with her family in southern France, Ostrye returned to Montana and operated her own successful law firm in Fort Benton. She is excited to bring her expertise back to her home state. Silverman Law Office serves clients across Montana and the United States from offices in Helena, Bozeman and Big Timber. The firm is licensed in Montana, Washington, Idaho, North Dakota, Wyoming, New Mexico, Colorado and Texas. Silverman Law Office merges with Josephson Law Firm in Big Timber. Silverman Law Office announces its merger with Josephson Law Firm in Big Timber, enhancing the resources and capabilities of both firms to better serve clients across Montana and through out the United States. Silverman Law is licensed to practice in Montana, Washington, Idaho, North Dakota, Wyoming, New Mexico, Colorado, and Texas. Josephson Law Firm has served clients throughout Montana for more than 60 years. Founded in 1962 by Richard W. “Dick” Josephson, the firm remained a family-owned practice un der his son, Attorney R. Mark Josephson. Mark will continue

spent eight years at Montana Legal Services Association establishing the Montana Health Justice Partnership, and running the Montana Eviction Intervention Project. Kallie is a fluent Spanish speaker who has also spent time working on International Law and Tribal Sovereignty issues with the Indian Law Resource Center. She can Iowa and spent eight years at Montana Legal Services Association. Prior to that, she interned with Justice Beth Baker at the Montana Supreme Court. While she prac tices in a wide variety of civil law areas, she has particular expertise in estate planning and tribal law issues. She can be reached at kv@dalevanhornlaw.com or (406) 219-7844.

be reached at kd@dalevanhornlaw.com or (406) 209-9851. Kathryn Van Horn received her J.D. from the University of

James Reavis is available for attorney referrals for appeals to the Montana Supreme Court to handle your client’s criminal or civil case. Reavis has resolved over 130 appeals. He is a respected and well-known advocate before the Court. Reavis is available to attorneys for consultation, brief writing assistance, or taking a lead role in your client’s appellate strategy. Attorneys are invited to call 406-433-5511 or email james@nkbattorneys.com . APPELLATE ADVOCACY

301 N. 27TH STREET, #100, BILLINGS, MT 59101 • 406-433-5511

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Is pleased to announce that Jacob M. Dillon has been named Partner

Jacob’s practice in the firm’s Billings office focuses on commercial litigation and transactional matters in the mining, oil and gas, and Indian law contexts. He also specializes in complex due diligence matters and property acquisitions and dispositions. Jacob received his J.D. from the Gonzaga University School of Law in 2018 and joined Crowley Fleck that same year.

www.crowleyfleck.com New Partner in Wyoming: Holly Tysse (Casper)

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STATE BAR NEWS

2025 Nomination Petition State Bar Officer and Trustee Election I, _________________________________, residing at _________________________, am a candidate for the office of ( ) President-Elect; ( ) Secretary/Treasurer; ( ) Area E Trustee; ( ) Area F Trustee; ( ) Area H Trustee at the election to be held on June 6, 2025. I am a resident of Montana and an active member of the State Bar of Montana. I request my name be placed on the ballot. The term of office of the President-Elect is one year. The term of office of the Secretary/Treasurer and the Trustee is two years. Signature _________________________________________ Email _____________________________________________ The following are signatures of active members of the State Bar of Montana supporting my candidacy. Persons signing on behalf of a trustee candidate must reside in the candidate’s area. No fewer than 10 signatures must be provided for a Trustee, and no fewer than 25 signatures for President-Elect or Secretary/Treasurer candidates.

NAME

ADDRESS

1. 2. 3. 4. 5. 6. 7. 8. 9.

10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.

Please return this petition electronically to membership@montanabar.org or by mailing it to P.O. Box 577, Helena, MT 59624, by April 7. Members must submit their votes via the electronic voting system no later than midnight on May 27, using the required ballot form to count them by the June 6 election date.

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Task Force Continues Examining Changing Profession; Shares Preliminary Survey Data

The State Bar’s Task Force on the Future of the Legal Profession continues to exam ine the changing landscape of the legal pro fession in Montana as it aims to complete its work this summer. The Task Force, chaired by State Bar Past President J. Stuart Segrest and Hon. Yvonne Laird, has focused its work in two primary areas: legal education and admis sion to the bar and the delivery of legal services, including access to justice in rural Montana. The Task Force recently conducted a survey of the State Bar membership. “Understanding the views of the bar mem bers on these important issues has been a critical part of our work,” said Segrest. Seven hundred eighty-nine active and judi cial members completed the survey. Among the survey's key findings, 72% said that addressing access to justice gaps is “critical and urgent,” and 73% believe that low income is the most significant barrier to accessing legal services in Montana. Clair Lettow, State Bar Trustee rep resenting Area D, chairs the Task Force subcommittee examining access to justice issues and says that finding is unsurprising. “The sense of our subcommittee, namely that we are reaching a real serious problem in parts of Montana in terms of affordabil ity, was born out in the members' views,” Lettow said. The survey revealed that 63% of respon dents, which included in-state and out-of state active members, were charging over $251 per hour, with 22% charging over $351 per hour. Only 16% of respondents had a primary office or place of employ ment outside Montana. Respondents differed on the best ap proach to address the pressing access to jus tice problem, with 51% agreeing low-cost

legal services and increasing the number of lawyers offering services at reduced rates would help. To improve access in rural areas, 42% agreed that increasing the num ber of legal professionals in rural Montana would be an effective strategy, and 62% per cent felt that providing loan forgiveness for new lawyers to work in rural areas would effectively increase the number of lawyers serving those parts of the state. There was also broad agreement among members responding to the survey that, when training new lawyers, graduation from a law school accredited by American Bar Association was important. Eighty per cent of respondents felt that the current re quirement should be maintained, with 9% believing graduates of non-ABA-accredited law schools should be allowed to sit for the Montana bar exam. In response to that result, Greg Murphy, chair of the subcommittee examining the changing national landscape in legal educa tion and bar admission, commented: “Few in the bar or the judiciary are likely very familiar with the accreditation standards or how they operate in practice. So, what will we take from the response to this survey inquiry? While it may be hazardous to read too much into one data point, I offer the following two possible ‘take aways’: (1) The great majority of the bar and the judiciary in Montana approve of the proposition that law schools should meet defined minimum standards relating to professional formation and be account able to a responsible third-party dedicated to maintaining and approving the quality of legal education; and, (2) Most in the profes sion look back on the law school experi ence with appreciation for the experience of intensely studying law in the company of dedicated faculty and fellow travelers, the stresses and anxieties of the law school

experience notwithstanding." Murphy is a former chair of the Council of the Section of Legal Education and Admission to the Bar of the ABA, as well as the Montana Board of Bar Examiners and the National Conference of Bar Examiners. The survey also asked participants to as sess the areas where new and young lawyers were least prepared. Respondents reported that the ability to see the “big picture” and cope with the stress of legal practice were the top areas where there was the least preparation. Mike Larson, who directs the State Bar’s Lawyer Assistance Program, said, “The transition from law school into the practice of law takes a toll on many new lawyers.” Larson said that while law schools have done much to improve preparation, including working with lawyer assistance programs, more can be done. “I hope more new lawyers will start to recognize that LAP can be there not only to address substance use and addiction but also help them deal with the day-to-day stress of being a lawyer.” On the skill side, 56% of respondents reported that knowledge of the economics of law practice and marketing skills were their most serious concern about new and young lawyers. Segrest said the next steps for the Task Force will be to share the full survey results and the work of the Task Force to date, and then he hopes to hold listening sessions with bar members across the state. “As we move into the second phase of our work, we want to continue to hear from members about the issues they see, and I am hoping we will also be able to meet with members of the bar,” Segrest said. Members should check the State Bar website for updates from the Task Force in the coming weeks.

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Building Effective Phraseology for Your Jury Presentation THOMAS M. O’TOOLE, PH.D & KEVIN R. BOULLY, PH.D JURY ECONOMICS A recent text from a friend tried to capture “all corporate jargon in one paragraph”:

In reality, there were not two actual sets of books, which was the client’s initial concern: Is this technically accurate? But we did not need it to be literally true. The phrase is powerful and memorable, and immediately conjures corporate duplicity and misconduct. We had enough to clearly establish that there were different sets of numbers, and we could show that only one set of numbers was shared with our client while all the other numbers were kept internal and never shared. The “two sets of books” stuck. In our mock trial research, the defense simply could not shake itself from the narrative conveyed by this simple phrase used repeatedly throughout the plaintiff’s presentation. The “two sets of books” highlights the first function of ef fective phraseology at trial. It evokes narrative that speaks to jurors’ everyday understanding of the world. It draws on ideas they have about the world that favors one side and invites them to apply those simple and compelling narratives to the case at hand. Put another way, effective phraseology can be a shortcut to establish a persuasive narrative at trial. Another function of effective phraseology is to convey organization or hierarchy. Perhaps the most popular phrase across all the mock trials we have conducted over the course of our careers is “captain of the ship.” As deliberations begin, the mock jurors try to identify who they believe is the “captain of the ship.” We’ve seen them engage in all sorts of fascinating analysis to reach those conclusions, sometimes in a spectacu larly erroneous fashion. But once they’ve found their “captain of the ship,” the hierarchy and organization of the case and parties is established and that becomes a filter for how ju rors evaluate everything, with the “captain of the ship” most often bearing the bulk of the blame for what happened. In the famous words of Spider-Man’s Uncle Ben, with great power comes great responsibility. Interestingly, we worked on a maritime personal injury case a few years back where the plaintiff was literally the Effective phraseology can be a shortcut to establish a persuasive narrative at trial.

“Let’s circle back and blue-sky this paradigm shift by leveraging our bandwidth to drill down on the low-hanging fruit, but only if we can move the needle without boiling the ocean. At the end of the day, we need to disrupt the synergy of our core competencies and pivot the deliverables into a thought-leadership ecosystem that aligns with our key performance vegetables.” Most folks have no idea what that paragraph actually means, yet it immediately evokes a clear image of corporate life and for most, a visceral reaction of one kind or another. We have all heard at least a few of the phrases in that para graph and can visualize a boss, client, or colleague using them in a recent meeting. Perhaps it was one of us, or even you, who threw them out in a recent meeting. Regardless, the point is this kind of phraseology is powerful because it immediately connotes familiar ideas about the world. It sets the scene and conveys narrative through its reliance on common tropes. Attorneys should focus on this kind of phraseology as they prepare their case presentation for trial. A simple, memorable, and compelling phrase can lock the audience into your client’s narrative structure and make it difficult for the other side to shake the audience free of those ideas about the case. We saw this several years ago in a case on behalf of a plaintiff accus ing a corporate defendant of fraud. In discovery, the plaintiff found the defendant was conveying certain accounting infor mation to some people (including the plaintiff), while internal communications showed that same accounting was inaccurate and emails showed various alternative accounting numbers. In our case strategy development session with the client-plaintiff, we suggested the client adopt the phrase “two sets of books” to describe what was happening with the corporate accounting. A simple, memorable, and compelling phrase can lock the audience into your client’s narrative structure and make it difficult for the other side to shake the audience free of those ideas about the case.

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captain of the ship. He alleged the large corporate defendant who owned the ship had been negligent in creating a safe environment on the ship (and that the ship was not seawor thy), which resulted in his injury. Notably, the captain was away from the helm at the time of his injury, leaving it un manned while he carried on casual conversations with deck workers. Highlighting that the plaintiff was the “captain of the ship” helped the defense in many ways. First, it made it easy to convince jurors the plaintiff was negligent since he had abandoned the helm, which jurors thought no captain should ever do (their images of a captain always at the helm of a ship were too difficult for the plaintiff to shake). Second, the jurors concluded that it’s the captain’s duty to assess the seaworthiness of the ship before taking it off the dock. Consequently, the defense focus on the plaintiff as “the captain of the ship” caused his seaworthiness claim to backfire on him. Finally, we found that jurors simply held the plaintiff to a much higher standard than they likely would have had the plaintiff been a deckhand rather than the captain. The third function of a compelling label is to establish the basic rules that apply to the issues in the case. There are many in the plaintiff’s bar who have adopted this as an essential component of their case strategy. Seattle trial at torney Rick Friedman wrote a book about this that has led many plaintiff attorneys to adopt the strategy, though the concept is certainly not limited to plaintiffs’ cases. We can only imagine how many defendants in pedestrian injury cases have argued the importance of “looking both ways before crossing the street.” Phraseology that establishes the rules that apply to the issues in the case can be particularly effective in complex cases. Years ago, in a case involving price-fixing and collu sion claims against our client, we found our defense argu ments were too complex for most jurors. Even if they un derstood them as our attorneys spoke, it was unlikely they would remember the necessary details and/or be able to re-articulate them in the deliberation room. Consequently, we reduced the defense to two simple rules that became our repetitive phraseology throughout trial. The first rule was that “the cost of making a product can never exceed the price we sell it for.” The second rule was that “supply should never exceed the demand.” The attorneys used these simple phrases repetitively throughout their presentations. These two rules were simple, easy to understand, and came across to jurors as painfully obvious principles that should drive the decision-making of any business. The fourth function of a compelling phrase is to help soft-sell an argument that might otherwise be difficult for jurors to digest. We once worked for a defendant in an out door recreation case involving highly sympathetic parents as plaintiffs who had lost their young child. The evidence showed the defense had grounds to factually argue the par ents were at least partially to blame for what happened to their child, but it was also obvious this kind of finger-point ing ran a very high risk of causing juror anger and backlash. As we discussed the case narrative and themes with our client, we came up with the phrase, “an overwhelmed family

in an overwhelming situation.” The facts in the case were that this family had never engaged in this outdoor recre ation activity and when they showed up that day to do so, they brought the family dogs and a host of other things that were not necessary for the activity. The facts that provided grounds to put blame on the parents were just that: they made a series of decisions that made the situation so much more overwhelming for them than it otherwise should have been. Consequently, we adopted this repetitive phrase about “an overwhelmed family in an overwhelming situation” as a way for jurors to reach the conclusion on their own that the family had made some poor decisions without our client ever having to directly point the finger at the plaintiffs and directly blame these grieving parents for the loss of their child. The soft-sell phrase was effective. This is exactly how a couple of the jurors described the situation after they ren dered a complete defense verdict. Finally, a compelling phrase can quickly reframe the case for jurors. We worked on a qui tam case for a defendant accused of fraud and the evidence definitively showed that some key projections were wrong. We had no way around these terrible facts until we adopted the simple, repetitive phrase that “failure is not fraud.” Consequently, we em braced failure as a key theme, which the client had previ ously been reluctant to do. Afterall, who would ever think “failure” would be an effective way to describe a defendant’s actions at trial. However, the “failure is not fraud” phrase resonated with several jurors who successfully reframed the discussion about the erroneous projections. As you try to identify effective phraseology, there are a few things you should consider. The first is obviously famil iarity. An effective phrase immediately encapsulates some thing jurors already know and understand about the world. Ideally, it should be a phrase – or a simple turn on a phrase – that jurors already know. Second, it should be simple and easy to digest. If it requires cognitive effort on the part of jurors to make sense of it, it is not an effective phrase. This is why so many metaphors used by attorneys fail. They often require too much work to make them fit. Third, effective phraseology is memorable. If you were to ask mock jurors after your presentation to write down everything they remember from that presentation, your phrase should be one of the first things they write down. An effective phrase should stand out from everything else, remaining salient in jurors’ thoughts about the case days or weeks later. Finally, effective phraseology should evoke compelling narrative. Your phrase should immediately call to mind a narrative that resonates with jurors and is easy for them to project on to the case. Thomas M. O’Toole, Ph.D. is President of Sound Jury Consulting in Seattle, WA. Kevin R. Boully, Ph.D. is Senior Consultant at Perkins Coie in Denver, CO. An effective phrase immediately encapsulates something jurors already know and understand about the world.

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PRACTICING WELL Finding Significance in Insignificance: Micro-Actions to Take When Problems Feel Endless MERI ALTHAUSER

I’m guessing that many of you can relate to feeling overwhelmed these days. Overwhelmed by the state of politics, the state of the earth, the increasing scrutiny on lawyers, or by urgent client demands. If so, try this exercise to embrace your cosmic insignificance: Imagine a time when you felt like a tiny speck on planet earth. Perhaps you were fly ing in a plane and could see a vast mountain landscape and an endless horizon. Or maybe you climbed a mountain or rode a ski lift to the top of a peak to see mountain range after mountain range. Have you ever seen the curve of the earth from above the ocean? Can you even fathom how many millions of gal lons of water were beneath you at that point? Take a mental picture of this landscape. Imagine a time when you felt like a tiny speck on planet earth. Next, imagine all of the processes, ani mals, and people who are living within the edges of your snapshot. Are there bears in caves? Plants growing on the sides of cliffs? Families getting along with their days? Underwater creatures swimming, growing, and interacting? There are probably millions and billions of organisms and life processes taking place in the one second you hold this view. Next, for how long have those beings been doing their thing? For hundreds of mil lions of years, plant life has grown on planet earth. For millions of years, animal life has existed on planet earth. Perhaps bears today are having their babies in the same caves as the bears from the beginning of bears! (I love bears.) When you think of all the vibrant and long-lasting life out there, does it strike you as magical? All of this life has been going on for mil lions of years, and continues to go on in the minutes it takes you to read this article!

And here’s the awesome thing: all of those processes had nothing to do with you. The wild rabbits did not need you a mil lion years ago. Your input was not requested! The great artists and thinkers of our time emerged without your help! You are just not that important. What a relief. Dwelling on your cosmic insignificance, in the right light, can bring a sense of solace. But the same concept can be turned into a sense of doom. You can do nothing. Your actions are meaningless. There might be no hope. Dwelling on your cosmic insignifi cance, in the right light, can bring a sense of solace. But the same concept can be turned into a sense of doom. This stoic perspective can feel overwhelm ing, but it also illuminates the path forward when everything seems too much: the only power you have, or ever had, was the power to do what only one person can do. The mes sage of cosmic insignificance is not that you should give up because you are a tiny spec in the blip of mankind. The message is to own your small role in progress while relieving

Meri Althauser: After over a decade of practicing family law and mediation in Missoula, Meri Althauser stepped into the role of Admissions Director with the Alexander Blewett III School of Law in June 2023. Her approach to law focuses on collaboration and solution finding for her clients and their families, and now for mentor ing students. She also offers consulting services in workplace wellness, with a certification as a Workplace Wellness Specialist through the National Wellness Institute and as a Resilience and Thriving Facilitator through Organizational Wellness and Learning Systems.

This image was generated using AI and may not depict real people, places, or events. Any resemblance to actual individuals or situations is purely coincidental.

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3. Implement Cybersecurity Training and Multi Factor Authentication (MFA) • Why: Law firms are frequent cyberattack targets, making strong security practices essential. • Tip: Require staff to complete cybersecurity train ing and enable multi-factor authentication (MFA) on firm accounts. 4. Use Speech-to-Text for Faster Documentation • Why: Dictation and transcription software can help attorneys quickly draft documents, compose emails, and take notes hands-free. • Tip: Utilize speech-to-text tools to streamline documentation and improve efficiency. Integrating the right technology into a law firm’s op erations can significantly improve productivity, security, and client service. AI-powered tools, automation, and enhanced cybersecurity measures are no longer option al—they’re essential for staying ahead in the legal profes sion. By adopting these innovations, firms can work more efficiently while minimizing risks and administrative burdens. “Lawyer Brain,” a consulting company focusing on lawyer performance, Dr. Richard found that lawyers generally score lower than average on small-r resilience overall (even when not worried about the fate of mankind). Yikes! Are we too busy worrying about a client’s needs to be nice to our neigh bors? If we have to fix a jammed tape dispenser are we headed into a tailspin? If so, micro-action may be the way forward. Staying calm when the printer jams will be a good first step. If you want to hear more about moving forward and own ing your role in the universe, this writing was inspired by a January 20, 2025 Hidden Brain Podcast, “Wellness 2.0: When It’s All Too Much” 1 that is worth a listen. Endnotes 1 Hidden Brain Official Website: Wellness 2.0: When It’s All Too Much Apple Podcasts: Wellness 2.0: When It’s All Too Much Spotify: Wellness 2.0: When It’s All Too Much Amazon Music: Wellness 2.0: When It’s All Too Much Player FM: Wellness 2.0: When It’s All Too Much

As technology continues to evolve, law firms must adapt to stay efficient, competitive, and secure. From streamlining client intake to enhancing cybersecurity, the right tools can help lawyers and legal staff work smarter, not harder. The following tech tips focus on practical solutions that improve workflows, protect sensitive data, and optimize daily opera tions for modern law firms 1. Use AI-Powered Contract Review and Analysis Tools • Why: AI-driven tools can quickly analyze contracts, flag risky clauses, and ensure consistency • Tip: Automate contract review to save time and reduce errors in due diligence. 2. Automate Client Intake and Schedulings • Why: Digital intake and scheduling systems streamline onboarding, reduce administrative tasks, and improve client communication. • Tip: Implement an automated intake process that captures client details and assigns tasks efficiently. yourself of the burden of universe-sized expectations. When problems feel too big to tackle, micro-contributions offer a way forward. What can you do within your power that contributes to progress? Can you at least not use plastic straws? Can you at least leave a voicemail for a senator? Can you at least practice empathy for a client or co-worker? Can you at least put one foot in front of the other? If that feels like too small of an action, practice some grace and remind yourself that you are only one person. When problems feel too big to tackle, micro-contributions offer a way forward. What can you do within your power that contributes to progress? On the other hand, I’ve noticed that these micro-actions seem like the first thing to go when the world is turbulent. When all our energy goes toward big-R Resilience (e.g. main taining hope for the fate of mankind, or maintaining hope for the justice system) we tend to lose our small-r resilience. Small r resilience includes problem solving when the stapler is broken or being kind to an annoying neighbor… ever been there? Actually, in a published study by Dr. Larry Richard of

Tech Tips for Lawyers Tips for Every Law Firm

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