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David Markowitz
Markowitz Herbold Glade & Mehlhaf PC
3000 PacWest Center
1211 SW 5th Ave.
Portland
OR
97204-3730
Phone503-295-3085
Email

David Markowitz

Shareholder


    David Markowitz is considered by his peers to be among the finest trial lawyers in the Northwest. His commanding presence and strategic thinking have made him a courtroom icon. Over the last three decades, Dave has guided Markowitz Herbold from its beginning as an ambitious two-attorney litigation shop to its present status as the premier business litigation boutique in the region.

    Professional Recognition

    Dave has achieved the highest levels of recognition a trial lawyer can receive, and has been acknowledged by the world’s premier legal publications for his career achievements.

    Super Lawyers magazine

    • Ranked as the number one “vote getter” among all lawyers in Oregon since 2011, and one of the top three lawyers every year since the list’s inception

    Best Lawyers in America®

    • Recognized as one of Portland's leading commercial Litigators for the past twenty four years
    • Ranked as one of Portland’s top Bet-the-Company litigators every year since the list’s inception
    • Selected as Portland's "Lawyer of the Year" in 2013 in the category of real estate litigation
    • Selected as Portland’s “Bet-the-Company” Lawyer of the Year in 2010

    Chambers USA, Your Guide to the World’s Best Lawyers

    • Recognized as one of the top commercial litigators in Oregon, one of only three Oregon litigators to achieve a “Star” ranking

    Chambers Global

    • Recognized as a top national trial lawyer by Chambers Global — one of only three Oregon litigators ranked by the publication, 2013

    Other recognition

    • Listed as a Litigation Star by Benchmark Litigation and Benchmark Litigation Plaintiff's edition since 2013
    • Cited as one of the top ten Oregon litigators by the National Law Journal

    Leadership

    Dave is a member of three peer-selected legal societies in the U.S. Membership to these organizations is invitation only and based on a lawyer’s character, reputation, and demonstrated excellence in the courtroom.

    • American College of Trial Lawyers, fellow since 1991, former Oregon State Chair
    • Fellow, International Academy of Trial Lawyers since 2010
    • Member, American Board of Trial Advocates since 1997

    Other affiliations

    • Master Member, Owen M. Panner American Inn of Court, former Inn President, 1991-92
    • Oregon State Chair, U.S. Supreme Court Historical Society, 2011-12
    • Board member, Multnomah Bar Association, 1990-4
    • Board member, Andre Agassi Charitable Foundation, 2002-12; member, Audit Committee
    • Member, Federal Bar Association
    • Member, Multnomah Bar Association
    • Member, Oregon Trial Lawyers Association
    • Member, Oregon Association of Defense Counsel

    Honors

    Dave has received recognition for making valuable contributions to the legal community, including his efforts in mentoring and educating young lawyers. 

    • "Leadership in Law" honor from the Daily Journal of Commerce, 2010
    • Oregon Business magazine’s Power Book naming him one of 50 Great Leaders in Oregon, 2007
    • Oregon State Bar's President’s Special Award of Appreciation for devoting significant time and energy to CLE training for Oregon attorneys, 2006
    • Commerce Magazine's Rainmaker Mentor Award, 2006
    • Oregon State Bar’s President’s Award for Membership Service, 1994

    Lectures 

    In addition to his active trial schedule, Dave shares his craft with lawyers of all levels. He is a frequent lecturer on litigation-related topics for state, local and federal bars across the country and in Canada. He regularly presents a nationally-recognized training seminar on depositions. Trial Guides™ has produced a DVD of this popular deposition course, and it has become one of the company's best-selling products. As a follow-up, Trial Guides™ produced Dave's "Mastering the Art of Persuading the Trial Judge" course on DVD and CD.

    His courses include:

    Deposition

    • Deposition Techniques: Strategies, Tactics and Skills (full day)
    • Deposing the Expert Witness: Strategies, Tactics and Skills

    Jury Selection

    • The Art of Effective Voir Dire

    Cross and Direct Examination

    • Persuading the Trial Judge during Direct and Cross
    • The Perfect Question: The Use and Misuse of the Leading Question
    • Trial Advocacy Skills Training: Direct and Cross Examination

    Persuasion in the Courtroom

    • Mastering the Art of Persuading Trial Judges- How to Win at Oral Argument (Half day)

    Opening and Closing

    • The Evidence Will Show: Giving a Successful Opening Statement
    • Making a Compelling Closing Argument

    Witness Preparation

    • Preparing your Witnesses for Trial: The Key to Winning a Close Case
    • How to Be a More Effective Expert Witness
    • Tips for Expert Video Depositions

    Alternative Dispute Resolution

    • Effective Techniques for Reaching a Settlement in Early Mediation

    Technology in the Courtroom

    • Low Rent, High Tech: Effective Use of Technology in the Courtroom
    • The Use of Demonstratives, Including PowerPoint Slides

    Rainmaking and Client Development

    • Rainmaking: How to Excel at Client Development & Enhance Your Career
    • How to Win a Beauty Contest
    • How to Make Creative Fee Arrangements Work for You and Your Client

    General Practice

    • Controlling the Cost of Litigation

    Publications

    Dave is a prolific and sought-after author of legal articles, publications and white papers on litigation topics. Links to all of these articles can be found at www.markowitzherbold.com/our-resources.

    Attorney’s Fees Expert

    Dave is an attorney fee expert and is frequently retained to testify at trial and attorney fee hearings. He has been retained to testify as an expert witness in more than 100 cases.

    Neutral

    For more than 20 years, Dave has served as a mediator and arbitrator resolving complex commercial disputes. He also acted as a pro tem judge in Multnomah County Circuit Court for nine years.

    Education

    • University of the Pacific McGeorge School of Law — J.D., with great distinction, 1974
    • California State Polytechnic University — B.S., 1971

    Admitted to Practice

    • Oregon (1974)
    • U.S. District Court, District of Oregon
    • Ninth Circuit Court of Appeals
    • U.S. Supreme Court

    Risky Business: Organizational Depositions

    June 20, 2014 9:45am - 10:45am
    Sun River Resort, Sun River, Oregon
    "Toto, I've a feeling we're not in Kansas anymore!" Learn the unique issues, preparation and strategy for responding to ORCP 39 Organizational Depositions.
     
     

    The Art of Rainmaking, NAPABA Western Regional Conference

    June 14, 2014 10:45am - 12:00pm
    The Benson Hotel, Portland, OR
    Whether you are a new attorney starting your own practice, or someone who has been practicing for many years, our panel on Rainmaking has something for everyone.
     
     

    How to Excel at Your Video Deposition

    May 4, 2014 2:30pm - 3:20pm
    Rosen Centre Hotel, Orlando, Florida
    Attorney David Markowitz will discuss and demonstrate, with video, the importance of tone, demeanor, facial expressions, hand gestures, and self-control during the expert's video deposition.
     
     

    Using Experts in Bankruptcy Litigation

    April 25, 2014 8:30am - 9:45am
    Grand Hyatt Hotel, Seattle Washington
    Speakers include: David Markowitz, Markowitz, Herbold, Glade & Mehlhaf PC, Susan Ford, Sussman Shank LLP, and Serena Morones, Morones Analytics LLC
     
     

    Manipulating the Deposition Witness: How to Do It, How to Protect Against It, and Ethical Considerations

    March 7, 2014 1:00pm - 2:15pm
    Skamania Lodge, Stevenson, WA
    MHGM Shareholder David Markowitz will present on the topic of manipulating the deposition witness at the 21st Annual Litigation Institute and Retreat.
     
     

    Mastering the Art of Persuading the Trial Judge

    January 17, 2014 10:00am - 2:30pm
    Springhill Country Club, Albany, Oregon
    Please join the Linn-Benton Bar Association in welcoming Dave Markowitz, one of the top trial lawyers in the Northwest. Among his many honors, Mr. Markowitz is recognized by The Best Lawyers in America as one of Portland’s 2013 “Bet-the-Company” Litigators, he was cited as one of the top ten Oregon litigators by the National Law Journal, and is recognized by Chambers USA as one of the top commercial litigators in Oregon.
     
     

    Deposition Techniques and Strategy with David Markowitz

    October 31, 2013 9:00am - 4:15pm
    Oregon State Bar Center, Tigard, OR
    For more than 30 years, David Markowitz has been studying deposition and trial techniques and has presented seminars to improve the skills of practicing attorneys across the country. Dave will share ten important goals to accomplish, including avoiding undesired results.
     
     

    Mediation is a Contact Sport - How to Get the Best Possible Result for Your Client

    October 22, 2013 3:00pm - 5:00pm
    World Trade Center Mezzanine Room, Building 2, 26 SW Salmon, Portland
    In this program, respected litigators Jane Paulson and Dave Markowitz, and experienced mediator Rich Spier, share "leading edge" ideas for effective representation of clients in mediation.
     
     
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