Markowitz, Herbold, Glade & Mehlhaf passed a milestone in January 2008 when it commemorated its twenty-fifth anniversary. In a community that has its share of centenarian law firms, 25-year-olds may seem like upstarts, but those of us who lived through that quarter century feel like we have something to celebrate: not just survival in a competitive market, but success in creating an organizational culture that blends a unique combination of quality and fun.
Markowitz & Herbold opened for business in January 1983. Dave Markowitz had been a partner, and Barrie Herbold an associate, at Spears, Lubersky–a predecessor to Lane Powell. Since his admission to the Oregon State Bar in 1974, Dave had established himself as a formidable trial lawyer. When Spears hired Barrie in 1977, Dave recognized her talent, potential, and determination to overcome the challenges that faced the small group of woman trial lawyers in this community. He worked with her whenever possible, and eventually, when the constraints of a traditional firm clashed with their shared vision of the firm they wanted, they began to plan their own venture. In addition to her legal skills, Barrie also brought an abiding commitment to diversity and fairness that provided the foundation for their business.
The two founding partners recruited one secretary (Candy Barnett, still with us), a part-time business manager (Barrie’s sister, Cynda Herbold, also still with us, now full-time) and an investigator/paralegal. Within a few months, they were joined by their first associate, Bert Stafford, who became their partner in 1985. By the time I was hired, there were six lawyers, three secretaries, and two paralegals, and the firm’s office at 811 SW Front Avenue was starting to get crowded. Continued growth drove us to look for more space, and we moved to the mezzanine level of what is now the Umpqua Bank Building in 1986.
I met Dave while he was still practicing at Spears. I was helping out on a case in which Dave represented the opposing party. I was impressed by his ability to represent his client aggressively and effectively while maintaining a friendly relationship with opposing counsel. During trial, he intimidated us in the courtroom and entertained us afterward. He had mastered the skill of making good arguments. So, when I had an opportunity to join the 18-month-old Markowitz & Herbold firm, I took it. Within weeks, the firm closed the office for an afternoon so all its employees and their families could celebrate Dave’s thirty-fifth birthday with a river cruise and barbeque. I knew I was in the right place.
As the firm grew, Dave and Barrie maintained a deep dedication to both the quality of legal services the firm provides and the quality of life for the people performing those services. In the early years, Dave presided over periodic status conferences that involved the review of every open matter in the firm – a luxury we grew out of before the end of our first decade. These meetings allowed each of us to appreciate the breadth of our practice, to participate in case analysis, and to take responsibility for the successful management of each case. They also functioned as a quality control mechanism – a way of ensuring that all of our cases were on the proper course.
Barrie managed the firm until 1990. From the beginning, she had a clear vision of how it could and should provide its employees with a pleasant and humane working environment that respected families and other outside commitments, enabling them to balance their professional lives with their other interests. While demanding the highest attention to the quality of our product (nobody who ever submitted written work to Barrie’s editing will forget the intensity of her red pen), she also insisted that those working for the firm deserved to be treated with respect and to have their contribution honored.
Barrie designed and implemented personnel policies that provided the foundation for this balance. She also guided the rest of us to make sure that we followed the principles of diversity and equality that were reflected in our policies. These policies would have meant little without the commitment of the owners of the firm to an atmosphere that minimized the differences between owners and employees. Partners worked as hard or harder than others in the firm, and when cases required maximum effort, we all joined together to help one another achieve victory. Everyone shared in the work, the reward, and the satisfaction of delivering the best legal services to our clients. While we certainly made mistakes, we resolved to learn from them and to do better next time.
Bill Mehlhaf joined the partnership in 1989, after making an impulsive cold call on Barrie (who he had assumed was a man) in the hope of getting on the invitation list for our annual open house. Bill added depth of experience to the group, and there were now ten lawyers. The original plan had been to limit the size of the firm to ten lawyers (all partners), but we found that growth beyond that limit was inevitable. Yet for most of our history we have had more shareholders than associates. Keeping up with the growing caseload demanded expansion, though we always tried to keep the organization lean. As we entered the 1990s, the firm attracted even bigger and more sophisticated cases.
After changing its name to Markowitz, Herbold, Stafford & Glade in 1988, the firm took on its current mellifluous moniker in 1990 when Bert Stafford retired from the practice. The firm was hitting its stride as it approached its tenth anniversary, and by the mid-1990s, the shareholders included Lynn Stafford, Lisa Kaner, Lynn Nakamoto and Jeff Edelson. In 1996, we moved to our current offices in the Pacwest Center, and in the new millennium, the ownership group gradually expanded to its current thirteen shareholders.
I think the Markowitz, Herbold, Glade & Mehlhaf story is one of success that extends beyond win/loss statistics. We have assembled a group of litigators that bring skill and dedication to their profession, backed by a team of talented support staff who take pride in the service we provide to our clients. That service, of course, is advocacy. We develop good arguments designed to persuade decision-makers to see things our way. To do this, we must sort out the effective elements from the ineffective, choosing points that work and rejecting those that do not. We try to exercise the same kind of judgment in charting the firm’s course, recognizing and hanging on to what works, and discarding what does not.
Available space permits only a simple chronology that tells a story of a few people coming and going, offices moving, and names changing. But the real story is the thread of continuity that extends through those years. The success with which this firm has faced its struggles and celebrated its triumphs has risen from the collective talents and efforts of the people committed to it. Like any organization, we have lost some of those people over the years to mortality, career change, and retirement. But, we hope that the positive contribution each has made remains with and becomes a part of this evolving organism. Every new addition brings a new perspective, skill set, and judgment to the effort, which is good, because we intend to keep practicing until we get it right.
This article appeared in the spring 2008 issue of Oregon Benchmarks, the newsletter of the U.S. District Court of Oregon Historical Society. For an earlier Benchmarks article about firm co-founder Barrie Herbold, please go to www.usdchs.org/news-letters/2003/benchmarks%20summer_2003.pdf.
