News
Elsner admitted to Washington State Bar
Paul Elsner was sworn in to the Washington State Bar by the Honorable Kathleen Dailey, Circuit Court Judge for Multnomah County on December 14, 2012. All BEH partners are now licensed by the Bar to practice in Washington.
Adina Cunningham joins BEH
We are pleased to announce that Adina K. Cunningham joined BEH on October 19, 2012. She comes to us from private practice in Eastsound and Friday Harbor, Washington where her practice concentrated on muncipal law, land use, regulatory issues and labor and employment law. Previously she was the Deputy Director for San Juan County Administration, acting as the County’s third party liability Risk Manager, Human Resources and Information Services supervisor, collective bargaining negotiator, and supervisor of the County’s public defense program. Prior to practicing in Washington, she was a Deputy Attorney General for the State of Hawaii.
Adina’s practice will continue to focus on land use, transactions and labor and employment from the firm’s new office in Eastsound, Washington. We are excited to put Adina’s in-depth knowledge of municipal issues to work on behalf of our valued clients.
Nancy Werner relocates to Illinois
Nancy is soon to be a resident of Illinois! In March, she will relocate to the Chicago area with her family in support of her husband’s promotion with a Chicago-based company. Although physically located in Illinois, Nancy will continue her employment with BEH and her provision of outstanding legal services for BEH clients by telecommuting. Our clients will not experience any disruption in the conduct of their legal work.
We are very pleased for Nancy and her family and look forward to our continuing relationship with her at her new home base.
Doughman named to Unlawful Practice of Law Committee of the OSB
David Doughman was recently named to the Oregon State Bar Unlawful Practice of Law Committee. The committee consists of about sixteen lawyers and four public members, all volunteers appointed by the OSB Board of Governors. The committee is charged with investigating allegations of the unlawful practice of law in the State of Oregon.
BEH attorneys sponsor and present at upcoming OCAA CLE program
The Oregon City Attorneys Association (OCAA) will host the annual Continuing Legal Education program on May 4 – 5, 2012 in Newport at the Best Western Agate Beach Inn. The program will include a variety of topics ranging from ethical responsibilities concerning metadata to the impacts of social media on employment decisions and a recap of the 2012 legislative session. Pam Beery is one of the featured speakers again this year, discussing the SDC Primer—What You Need to Know and May Have Forgotten. This annual gathering of City Attorneys from across the state is always well attended and a great source of municipal law updates.
BEH hosts free client seminar on significant legal issues
The Governor Hotel in downtown Portland was the location for the BEH client seminar in March. BEH attorneys, David Doughman, Chad Jacobs and Courtney Lords presented updates on topics of interest to our clients including about the new Quality Based Selection of contractors (QBS) legislation, changes to the Transportation Planning Rule (TPR) and ethics and elections. Client feedback about the session was extremely positive and the firm will continue with this annual event in 2013. Watch for details here on our website.
BEH attorneys rank again as Best Lawyers In America®
The recently released 2012 Best Lawyers in America® rankings again named Beery Elsner & Hammond attorneys Pam Beery, Paul Elsner and Tom Sponsler as Best Lawyers. Pam, Paul and Tom have been honored with this distinction since 2007. We are proud to announce that this year, for the first time, Christopher Crean was also listed in this esteemed category.
Best Lawyers® is the oldest peer-review publication in the legal profession and being listed is a mark of professional distinction. Based on a rigorous national survey, Best Lawyers is regarded by both the legal profession and the public as a definitive guide to legal excellence in the U.S.
Inclusion in Best Lawyers is based entirely on peer review. Lawyers are nominated to Best Lawyers by their colleagues. During a voting process, lawyers are asked to nominate any outstanding lawyers who have not yet been nominated.
The voting lawyers rank the nominees based upon this question: “If you could not handle a case yourself, to whom would you refer it?” The confidence of our colleagues is evident in our rankings, and we are pleased and gratified to be selected again this year.
Beery, Elsner & Hammond, LLP is dedicated to representing local government clients throughout the Pacific Northwest- the only firm of its kind in Oregon. BEH serves as general counsel and special counsel. We exclusively represent local governments, enabling us to provide unmatched expertise completely free of conflicts of interest.
BEH attorneys selected as panelists for training by professional organizations
BEH attorneys are busy providing training on a variety of topics for a range of professional organizations this summer and fall. The firm’s attorneys are frequently asked to provide insights and updates on legal issues facing governmental entities. Some recent events include:
In August, Pam Beery served on a panel of experts for the annual Oregon State Bar, Real Estate & Land Use Section conference which discussed Takings after West Linn Corporate Park, LLC and Dolan. This landmark land use case has a direct impact on local government authority to regulate development and to address infrastructure impacts created by that development.
David Doughman delivered a land use law update for a group of about 30 appointed and elected officials in Central Oregon in September, as a part of the League of Oregon Cities (LOC) conference.
Chad Jacobs also served on a panel at the League of Oregon Cities (LOC) conference in September. The panel discussed communicating with the media, including issues related to executive sessions, social media, disclosure of confidential information, authority to speak on behalf of the city as well as general media relations issues. Chad also presented on Good Government Laws for the Oregon City Attorneys Association (OCAA). His talk covered public records, public meetings, conflicts of interest, gifts and personal use of public resources for political purposes.
Heather Martin rounded out our presence at the LOC conference by presenting on the topic of Social Media and Public Communications. This presentation highlighted the significant legal issues presented by the new communication tools now in use by local government, such as Facebook, Twitter and LinkedIn.
Many of our presentations are available on our website. We are committed to volunteering our time for these training activities to help our local government partners make the best possible use of resources in our increasingly complex environment.
Jacobs serves on LCDC's TPR Rulemaking Advisory Committee
Chad Jacobs recently served as a member of the Transportation Planning Rule (TPR) Rulemaking Advisory Committee for the Land Conservation and Development Commission (LCDC). LCDC appointed the advisory committee to consider potential solutions to issues related to Section 0060 of the TPR (Oregon Administrative Rule 660-012-0060), which requires local governments to ensure consistency between transportation and land use plans when they amend plans or land use regulations, including when they rezone land. TPR 0060 has produced unintended consequences, and thus, has been the focus of concern for local governments, LCDC and the state legislature. As a result, the Rulemaking Advisory Committee was formed to find solutions that would better balance the requirements of the rule with economic and urban development opportunities. The Rulemaking Advisory Committee was asked to address these issues as well as to propose other changes to clarify, simplify and streamline the TPR. The TPR Rulemaking Advisory Committee completed its work at the end of September. LCDC will consider the Committee’s recommendations at their December meeting in the Dalles. A copy of the proposed amendments are available on LCDC’s web page.
BEH named Best Law Firm for second consecutive year
Beery Elsner & Hammond, LLP is pleased to announce that we have been named as one of America’s “Best Law Firms” in four categories by U.S. News & World Report and Best Lawyers rankings for 2011-2012. This is the second year in a row that BEH has received this prestigious designation.
The recognition was awarded to BEH again following intensive peer and client qualitative and quantitative review by U.S. News & World Report and Best Lawyers. The rigorous evaluation process included thousands of clients, highly skilled lawyers and law firm representatives.
To be eligible for ranking in this survey process, a firm must have at least one lawyer listed as “Best Lawyer”. In fact, BEH has four attorneys ranked as “Best Lawyer”: Pam Beery, Paul Elsner, Thomas Sponsler and Chris Crean. Pam was further recognized as Best Municipal Lawyer of the Year in 2011. Firms with the highest rankings are considered to be outstanding for both their individual lawyers as well as their overall strength in serving their clients.
BEH is proud to be recognized in the top tier in the areas of: Municipal Law, Land Use and Zoning Law, Municipal Litigation, and Water Law.
Where in the world is Jack Hammond?
Our former partner, Jack Hammond, retired on July 1, 2010. Some might imagine he is lolling in some warm place in a hammock, sipping mint juleps and watching beautiful sunsets, between, of course, obligatory long naps. Not exactly on the mark. Here are a few snapshots of his bee hive of activity:
1. Serving as pro bono legal advisor to Mercy Corps NW in a variety of areas including micro financing of low income entrepreneurial projects. A key focus is exploring the development possibilities of a trust to allow residents of the Lents neighborhood to invest in business enterprises within their own neighborhood. Mercy Corps NW performs Mercy Corps-like activities in Oregon and Washington. BEH lawyers Paul Elsner and Heather Martin are pitching in as well.
2. Advising the City of Sherwood on the development of a Willamette River drinking water source in conjunction with the City of Wilsonville and other municipal partners. The first Willamette River water should be flowing to Sherwood residents by year-end.

St. James Housing Celebration Party
3. Serving as a Board member of St. James Housing Inc., which (in conjunction with the City of Portland, PDC and US Bank) constructed a 10-story, 120 unit, low and moderate housing structure in down town Portland. The Project has been so successful that very recently title was transferred to St. James Lutheran Church which (in conjunction with the Board) will continue the Project's success. Jack's wife Sue is the Chair of the Board and makes sure Jack keeps in line. The apartments have a net present value of $5 million.
4. Serving as a new Board member of the Molalla River Alliance. This broad-based organization—with the welcome assistance of Senators Wyden and Merkley, and Representative Schrader— is well on its way to securing Federal Wild and Scenic River designation for the Upper Molalla River.
5. Continuing to serve as an active Board Member of the Clackamas Community College Foundation— a relationship that has continued since 1988.
6. Serving as Chair of the St. James Lutheran Church Endowment Board and as a member of the Call Committee that recently completed a successful search for a new Pastor.
7. Traveling with Sue to Tibet, Nepal, India, Spain, and England and coming soon: the Galapagos Islands and Machu Picchu.
8. Endlessly fly fishing in countless places, including a recent expedition to Ascension Bay in the Yucatan and a foray into the Coral Sea off the York Peninsula in extreme northeast Australia to fly fish for sea monsters. Ever hear of a 14 wt fly rod? Yep, the fish are really big there. So are the salt water crocs.
No, Jack is definitely not resting during his “retirement.”
Crean on OSB Legislative Tips Panel
Chris Crean recently served on a panel of experts during a legislative tips workshop sponsored by the Oregon State Bar. The panel focused on providing guidance to OSB members and sections on how to participate successfully in the legislative process, including tips for how to track legislation, how to move a bill through the committee process, and how to engage successfully with members of the legislature. Chris’s expertise on these matters stems from his eight years as legislative staff, including four sessions in the Office of Legislative Counsel, and ten years as Chair of the OSB Committee on Land Use Legislation.
Crean appointed to Uniform Environmental Covenants Work Group
Chris Crean has been appointed by the Oregon Law Commission to serve on the Uniform Environmental Covenants Work Group. These covenants are designed to provide an institutional mechanism to limit the use of contaminated property that has been the subject of an approved clean-up program. The National Conference of Commissioners on Uniform State Laws developed model legislation that has been adopted by 23 states and the District of Columbia. The work group was established by the Commission to study and make recommendations on the question of whether Oregon should adopt the model legislation and, if so, in what form. Based on the work group recommendations, the Commission may propose legislation for the 2011 Oregon Legislature.
Doughman named a Rising Star for 2010
Super Lawyers has again honored David Doughman as a Rising Star in the legal arena. The award recognizes the top up-and-coming attorneys in the state - those who are 40 years old or younger, or who have been practicing for 10 years or less. The selection process undertaken by Super Lawyers for this honor involve nomination and rigorous credential research, with no more than 2.5 percent of the lawyers in Oregon named to the list. The staff and attorneys at BEH are very proud of David’s accomplishments.
