Appellate, Administrative, Regulatory Attorney

Jim Mountain’s law practice focuses on appellate law and administrative, and regulatory law. He routinely defends clients against government regulation, sanctions, and assessments.

In appellate matters, Jim represents clients before the supreme courts and courts of appeal of the United States, the State of Oregon, and the State of Washington. With over 40 years of experience, Jim has briefed and argued hundreds of appellate cases.

Jim regularly provides appellate consulting services to other lawyers, in-house counsel, and their clients, including assistance with their preparation of written briefs and oral arguments. He is also available to assist trial attorneys before and during litigation in order to position and preserve critical matters for possible appeal.

Jim also represents his clients’ business, professional, and personal interests before the various administrative agencies and trial courts of the federal, state, and local governments. This representation includes the defense of licensed professionals—doctors, pharmacists, psychologists, architects, geologists, accountants, lawyers, and even judges – in proceedings before their licensing boards or regulatory bodies and, particularly, in the appellate courts. He also represents clients in public records litigation, insurance coverage cases, and government ethics and election matters.

Before joining the firm, Jim served as the State of Oregon’s chief appellate lawyer, its Solicitor General. He also held the number two job in the Oregon Department of Justice as the Deputy Attorney General with responsibility to manage one of the state’s largest law firms.

How I Serve Clients

I am passionate about appellate advocacy, principally in presenting oral arguments to panels of appellate judges to explain why my client’s position should prevail, but also in developing the client’s legal position in written arguments in appellate briefs.

I also welcome opportunities to work with attorneys from other firms at the appellate stage to help their clients obtain favorable rulings and results. Through more than 40 years of practice, I’ve had the tremendous opportunity to make a difference in the lives of Oregon residents through public service and in private practice, and also to help businesses and other organization advance their objectives.

Bar Admissions

  • Oregon State Bar
  • Washington State Bar
  • United States Supreme Court
  • United States Court of Appeals for Ninth Circuit
  • United States District Court for District of Oregon
  • United States District Court for Western District of Washington

Professional Recognition

  • Named “Lawyer of the Year” in Portland, OR for administrative/regulatory law – Best Lawyers, 2014, 2017 & 2019
  • American Academy of Appellate Lawyers – inducted September 2008
  • Recognized in The Best Lawyers in America© for administrative/regulatory law and appellate practice – every year since 2006
  • Listed in Super Lawyers® for appellate practice every year beginning in 2006
  • Listed as one of the top appellate lawyers in Portland by Portland Monthly Magazine
  • AV® Preeminent™ 5.0 out of 5.0 Peer Review Rated with Martindale-Hubbell®

Memberships

  • American Bar Association
    • Member, Administrative and Regulatory Law, Litigation and Antitrust Law Sections
  • Multnomah Bar Association
  • Marion County Bar Association
    • Past president and past member of the Board of Directors
  • Formerly served on Marion/Polk Legal Aid Service Board of Directors
  • Formerly served on the Oregon Law Institute Board of Directors
  • Oregon State Bar
    • Served as Chair of the Administrative Law Section, Executive Committee
    • Member, Appellate Practice and Administrative Law Sections
    • Former member of the Judicial Administration Committee
    • Former member of the Continuing Legal Education Committee
    • Former member of the Board of Bar Examiners
    • Member of the Oregon Trial Court Judicial Resources Committee, by appointment of the Chief Justice of the Oregon Supreme Court
    • Member of the Attorney General’s Advisory Committee on Administrative Rules, by appointment by the President of the Oregon State Bar
  • Washington State Bar
    • Member, Appellate Practice and Administrative Law Sections
  • J.D. Northwestern School of Law at Lewis & Clark College (1975)
    • Recipient of the American Jurisprudence Award in Labor Law
    • Served as Associate Editor of the Law Review
  • B.A. (History), University of Oregon (1970)

Publications

  • Editor and Chapter Co-Author, Oregon Administrative Law Treatise, Oregon State Bar Publications (2016 Supplement), and Chapter 13, Judicial Review of Administrative Decisions (2016 Supplement)
  • “Introduction to Litigating a Contested Case,” OLI Administrative Law CLE (November 2015)
  • “From the Chair,” Administrative Law Newsletter, Oregon State Bar Administrative Law Section (Winter 2013)
  • “Postdecision Matters in the Court of Appeals,” Appeal and Review: The Basics, Oregon State Bar Continuing Legal Education Treatise, chapter co-author (2010 edition)
  • “Just Give Me A Declaratory Ruling,” Administrative Law Newsletter, Oregon State Bar Administrative Law Section (Summer 2010)
  • “The Promise of Megdahl Revoked; Coffey v. Board of Geologist Examiners,” Administrative Law Newsletter, Oregon State Bar Administrative Law Section (Spring 2011)
  • “The Office of Attorney General: Powers and Duties,” National Association of Attorneys General, Editorial Committee Member and Contributing Author (1988); author and co-author of chapters entitled “Common Law Powers of the Attorney General; Origin and Development of the Office; State Administrative Law; Institutional Litigation”; and “Open Meetings and Public Records”
  • “Post-Conviction Procedures,” Criminal Law, Oregon State Bar Continuing Legal Education, co-author with Paul DeMuniz (1986)
  • “Attorney Fees Under Administrative Procedures Act,” Administrative Law, Oregon State Bar Continuing Legal Education, co-author with Richard Wasserman (1985)
  • “Criminal Law Newsletter,” Editor and Publisher (1979 – 1980)

Presentations

  • Speaker/Presenter, National Association of Hearings Officials Annual Development Conference, “Challenging the Hearing’s Official’s Evidentiary Expertise,” (September 2016)
  • “Challenging Administrative Rules,” Legal Aid and Oregon Law Centers Ad Law Task Force Training Session (August 2016)
  • “Northwest Administrative Law Institute,” co-sponsored by Oregon and Washington Bar Associations Administrative Law Sections, Program Planner (July 2014)
  • “Oregon Administrative Law, 2012,” Oregon State Bar Administrative Law Section, Program Planner (November 2012)
  • “Appellate Tips for Litigators: Planning Trials for Success on Appeal,” Oregon Law Institute, Program Planner and Panelist (October 2012)
  • “What You Need to Know About Public Records and Open Meetings,” Lorman Seminar, Program Planner, Moderator and Panelist (June 2012)
  • “Litigation 101: Post Trial Matters,” Marion County Bar Legal Education Program, Moderator and Panelist (May 2012)
  • “When Public Sector Risk Managers Encounter Administrative Law,” PRIMA Annual Conference, Presenter (June 2011)
  • “Litigating a State Constitutional Law Case,” Panel Moderator, Oregon Law Institute (May 2009)
  • “Practice Pointers for Improving Performance at the Hearings Level,” Program Planner and Panel Moderator, Oregon Law Institute (February 2009)
  • “A Day with the Court of Appeals,” Program Planner, Oregon Law Institute (March 2008)
  • “Dealing Successfully with State and Local Governments,” Program Planner and Panel Moderator, Oregon Law Institute (October 2007)
  • “Attorney Fee Awards on Judicial Review of State Agency Actions: Two Tests, Not One,” Advanced Administrative Law, Oregon Law Institute (December 2005)
  • “The Attorney’s Role in Upholding Constitutions,” Government Law Spotlight: Upholding Constitutions and Tribal Sovereign Immunity, Oregon State Bar Continuing Legal Education (November 5, 2004)
  • “Judgment Day for Litigators,” Program Planner and Presenter, Oregon Law Institute (December 2003)
  • “Practicing Law in the Oregon Court of Appeals, Writing an Appellate Brief,” Oregon Law Institute (2003)
  • “Appellate Practice, Practical Consideration – Knowing Your Courts,” Oregon State Bar Continuing Legal Education (1995)
  • “Appellate Practice”, Program Planner, Oregon State Bar Continuing Legal Education (1987)
  • Chair of the Board of Directors of Central Catholic High School
  • Classroom Law Project: "We the People" Competition; Central Catholic High School