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19 Or. St. B. Bull. 1 (1958-1959)

handle is hein.barjournals/osbb0019 and id is 1 raw text is: OREGON STATE BAR BULLETIN VOL. XIX OCTOBER, 1958 No. 1 GEARHART PROGRAM INDEMNITY GIVEN GREATLY ENJOYED A fast moving annual meeting with busi- ness handled with all possible speed, ex- cellent speakers at the luncheons and dinner, a good continuing legal education series, the best of weather for golf and general enjoyment of the coast, a delight- ful barbecue and a great tent show com- bined to make the 1958 annual convention one of the best in the 24 year history of the integrated Oregon State Bar. With 718 registered, the annual meeting was one of the best attended since the bar was integrated in 1935. An indication that the attendance would be heavy was to be noted on Wednesday night prior to the opening of the annual meeting the next morning, by the overflow crowd that at- tended the president's reception. George W. Neuner, Roseburg, president, opened the first of the two business ses- sions which occupied Thursday and pre- sented a short report on the highlights of his year's stewardship. The report of the president, the board, the treasurer and secretary was combined and published in the committee reports. Avery Combs, Seaside, who was in charge of housing, introduced the Rev. Robert Varblow, Seaside, who gave the invocation. In addition to President Neu- ner's summary report, E. F. Bernard, Port- land, treasurer; John H. Holloway, Port- land, secretary, and William H. Morrison, Portland, state bar delegate to the house of delegates of the American Bar associa- tion, all made short reports. Chief Justice W. C. Perry of the supreme court also made a short report outlining the recent meeting in California of the Conference of Chief Justices when certain decisions of the supreme court of the United States were the basis for the state (Continued on Page 5, Column 1) BAR POLL ANNOUNCED Members of the Oregon State Bar will be polled to determine their preference for appointment as judge of the United States District Court for the District of Oregon. Nominating petitions, requiring the signatures of ten active members of the bar and the consent of the nominee, must be filed with the Secretary of the Oregon State Bar on or before 12:00 noon, Saturday, November 1. Vote will be by secret, printed ballot circulated to all active members of the bar within the state. Ballots will be mailed on or about November 4, 1958. The poll will close and the results will be announced at 5:00 p.m. on Monday, November 10. APPROVAL OF BAR (Editor's Note: Page references in the follow- Ing article refer to the published committee re- ports considered at the 24th annual meeting.) The indemnity insurance plan whereby a fund would be created to be administered by the board of governors to indemnify clients defrauded of their money by an at- torney in the course of his professional conduct was approved by the annual meet- ing of the bar at Gearhart after spirited debate. The proposal (page 14-supplement), called by Reginald Heber Smith, Boston, in the reprint circulated with the commit- tee reports A Debt of Honor Owed by the Profession, was embodied in a form of a bill to be introduced at the 1959 legisla- tive session which will, if passed, amend the state bar act to include the insurance provisions. In drafting the bill, Glenn R. Jack, Ore- gon City, chairman of the special commit- tee on this subject, explained great atten- tion was paid to detail and restrictions placed upon payment from the fund and the necessity of establishing actual defal- cation as a condition precedent. The fund will be created, the bill pro- vides, by increasing the dues $15 a year until the reserve has been established. The additional $15, it is provided, will be set aside as a trust fund to be known as The Indemnity Fund of the Oregon State Bar. It will not be available for any other purpose. Robert F. Maguire, Portland, who op- posed the plan when first before a prior annual meeting, was one of the leaders for its adoption end Chief Justice C. C. Mc- Laurin of Alberta, Canada, one of the guest speakers at the convention, told the assembly how the plan worked in Alherta. The system started in New Zealani and is now in general use in England as well as Canada and other parts of the empire, he said. As a result of frequent thefts of client's money in Canada, he admitted, the government proposed to license and bond members of the bar. To counteract this proposal the law society adopted the indemnity plan and it has been a marked success. Members of the bar in Alberta pay $25 a year into the fund which now amounts to $175,000 with excess insurance protec- tion carried with Lloyd. Since 1957 no client of any attorney in Alberta has lost a nickel as a result of defalcation by a lawyer. All of the provinces of Canada have a similar fund, he said. There was considerable opposition to the proposal voiced from the floor by sev- eral speakers led by John J. Coughlin, Portland, a member of the committee who (Continued on Page 12, Column 8) HIBBARD ELECTED OREGON BAR HEAD George L. Hibbard, Oregon City, senior member of the beard of governors repre- senting the first congressional district, was elected 1958-59 president of the Oregon State Bar by the board of governors at their meeting at Gearhart on September 27. The new president succeeded George W. Neuner, Roseburg, at the conclusion of the business session Saturday morning. Named as vice-president was Carl G. Helm Jr., La Grande, senior board member representing the second district. John H. Holloway, Portland, was renamed secre- tary, and Paul A. Sayre, Portland, treas- urer. Hibbard, 46, is a native of Portland. He received his A. B. and law degrees from the University of Oregon and was admitted to practice in 1936. He spent five years in the army during World War II and served on the board of bar examiners before being elected to the board of governors. He is a member of the firm of Beattie, Hibbard, Jacobs & Caldwell in Oregon City. Helm, 43, also is a native of Portland. He received his B.A. from Whitman col- lege and his law degree from the Univer- sity of Oregon after having attended the law school at the University of Oklahoma for one year. He was admitted to practice in 1939. During World War II he served four years in the Navy and has been city attorney for La Grande since 1948. At the session of the board following the election of the officers for the coming year, the newly elected board members were sworn in by Holloway. Taking the oath of office were Ray Lafky, Salem; Harold Banta, Baker; Dean Bryson, Portland, and Charles G. Howard, Eugene. As the new members assumed their places, George W. Neuner, Roseburg, retiring president; Bert S. Gooding, Portland, retiring vice-presi- dent; and Robert H. Foley, Bend, retired. John A. Heltzel, Salem, the fourth retiring member of the board was unable to be present. At the board's business session at Gear- hart of the 24th, one recommendation for disciplinary action by the supreme court was approved and forwarded to the court for consideration. Approval was given for the leasing of new quarters in the Pittock block and the bar office is expected to move to the sixth floor in the near future. The new quarters will provide more adequate working space and also provide adequate room for board and small committee meetings. The board also approved the committee assignments as worked out by the commit- tee on committees. The new committee as- signments are published in this issue of the Bulletin. New committees are Civil Rights (Continued on Page 13, Column 1)

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