Dayna Underhill focuses her practice in the area of legal professional responsibility and ethics, with particular emphasis in the area of attorney disciplinary defense and legal ethics advice. She advises lawyers, law firms and corporate in-house lawyers in legal ethics, risk management and professional responsibility matters.
Ms. Underhill also practices in the areas of commercial litigation and labor and employment law.
Ms. Underhill joined Hinshaw & Culbertson LLP in August 2007.
Ms. Underhill began her legal career in 1992 as a staff attorney at Multnomah Defenders, Inc. From 1994 to 1998 she was a litigation associate at LaBarre & Associates, P.C. In 1998, Ms. Underhill became a shareholder in Banks & Underhill, P.C., and in 2001 opened her own firm.
Ms. Underhill was an adjunct professor at Northwestern School of Law of Lewis & Clark College from 1996 to 1998, in the school’s trial advocacy / mock trial class. She also coached the school’s mock trial team to two consecutive American College of Trial Lawyers regional championships and to the national semi-finals.
In addition, Ms. Underhill is a member of the Multnomah Bar Association, where she was appointed in 2011 to a three-year term on its Professionalism Committee. The Professionalism Committee works to foster professional conduct by attorneys in all areas of practice, administers a large firm professionalism training program, works to increase members’ formal commitment to providing pro bono legal representation for those in need and provides mentoring to new lawyers.
Her professional memberships also include Oregon Women Lawyers, the Washington State Bar Association, the Association of Professional Responsibility Lawyers, the American Bar Association and the American Bar Association Center on Professional Responsibility.
In 2010, Ms. Underhill was appointed by the Washington State Bar Board of Governors for a two-year term to its Disciplinary Advisory Roundtable. She is the only respondent’s counsel to be appointed.
Ms. Underhill contributes to one of Hinshaw’s blogs, “
The Ethical Quandary,” a legal ethics and litigation blog written for attorneys, by attorneys. She authored “Legal Ethics and Metadata,” which was used for an Association of Corporate Counsel presentation. Some of her publications include:
- Chapter co-author, “Torts,” Commercial Torts, Oregon State Bar Continuing Legal Education, 1995 update.
- “Exemption 6 Does Not Bar Disclosure of Identifying Information of Haitian Deportees,” Ray v. United States Department of Justice, 908 F2d 1549 (11th Cir. 1991), 15 Suffolk Transnat’l L.J. 878 (1992).
- “Section 115 Required EPA Knowledge of Emission Sources in United States Responsible for Transboundary Acid Rain,” The Queen Ex Rel Ontario v. U.S. E.P.A., 912 F2d 1525 (C.D. cir. 1990), 15 Suffolk Transnat’l L.J. 357 (1991).
Her presentations include:
- “Ethical Considerations for Motions Practice,” Oregon State Bar, Portland, Oregon, November 2011.
- “Social Networking and Other High Tech Professional Responsibility Issues,” Lewis and Clark Law School, Portland, Oregon, November 2011.
- “Surfing the Electronic Wave: Lawyers, Social Networking and E-Lawyering,” Port of Portland, Portland, Oregon, November 2011.
- “The More the Merrier: Ethical Dilemmas in Multiple Representations,” ABA Section of Labor and Employment Law’s 5th Annual Labor and Employment Law Conference, Seattle, Washington, November 2011.
- "Managing Communication in a Digital Age," Lewis & Clark Law School, Portland, Oregon, April 2011.
- "Ethical Dilemmas Posed by Lateral Hiring," American Bar Association, Labor and Employment Section, Ethics & Professional Responsibility Committee Midwinter Meeting, San Juan, Puerto Rico, March 2011.
- "Hot Topics in Oregon Legal Ethics," Owen M. Panner Inn of Court, Portland, Oregon, February 2011.
- "The Attorney Client Relationship: Duty to Protect Information - Confidentiality and Work Product," Lewis & Clark Law School, Portland, Oregon, February 2011.
- "Surfing the Electronic Wave: Recognizing and Managing Online Ethics Issues," Oregon State Bar, Tigard, Oregon, December 2010.
- “The Hard Questions,” 12th Annual Ethics, Professionalism, and Civility Seminar, Washington State Bar CLE, Seattle, Washington, September 2010.
- “Social Networking: Adopting Strategies to Reduce the Risks of Online Activity,” WestLegalEdcenter, live webcast, July 2010.
- “Ethical and Professional Responsibility Issues in Engagement Letters,” American Bar Association Labor and Employment Law Section, 2010 Ethics and Professional Responsibility Committee Midwinter Meeting, Coronado, California, March 2010.
- “Advance to Go and Collect $200: How to Help Your Client and Keep Your Ticket,” Oregon State Bar Trusts and Estates Section, Portland, Oregon, November 2009.
- “Communication Do’s and Don’ts,” Oregon Institute of Lewis & Clark Law School seminar “Tips for the Civil Litigator,” Portland, Oregon, October 2009.
- “Patent Law: Duty of Disclosure and Inequitable Conduct after McKesson,” Oregon State Bar Intellectual Property Section CLE, Portland, Oregon, October 2009.
- “The Hard Questions,” co-presenter and co-moderator, 11th Annual Ethics, Professionalism, and Civility Seminar, Washington State Bar CLE, Seattle, Washington, September 2009.
- “Ethical Risk Reduction: 10 Ways to Reduce Your Chances of Being Sued or Disciplined,” WestLegalEdcenter live webcast, July 2009.
- “Ethical Considerations in Landlord/Tenant Law,” The Landlord-Tenant Law Seminar, Vancouver, Washington, January 2009.
Ms. Underhill is active in her community. She is a member of the Governance Committee of the YWCA of Greater Portland.
She was the 2007 campaign treasurer of “Bobbie Regan for Portland Public School Board.” In 2006 she was an at-large member of the Westside Overcrowding Taskforce of the Portland Public School District. She was a member and former vice-president of the board of directors of the Northwest Heights Neighborhood Association.
Ms. Underhill has been active in a number of roles with the Forest Heights Homeowners Association, including as former vice president of the board of directors and as chair of the Association Management Oversight Committee. She is a former board member and fund-raising chair of the Forest Park Elementary School PTA.