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Attorney By Attorney
Career Profiles of the Profession

Who?

Douglas Nash
Of Counsel
dnash@hollandhart.com

What?

Primary Practice Area & Subspecialty Fields:
Indian / Native American Law Litigation.

When?

Years in Practice Area:
Since 1971

Years in the Legal Profession:
Since 1971

Where?

Employer:
Holland & Hart
www.hollandhart.com

Size/Sector:
My practice is nation-wide

City/State:
Boise, ID

Law School:
University of New Mexico, JD (1971)


Undergraduate School/Degree:
University of Idaho, BA (1969)

Why?

Pluses/Challenges of Practice Area:
Indian tribes are both governmental as well as business entities. Besides representation in areas of treaties, sovereignty and unique issues of Indian law such as gaming and hunting and fishing rights, there is a need for a wide range of expertise in other areas as well. Traveling to Indian reservations and meeting with tribal people and leaders is always a plus for me. Indian tribes are diverse in almost every respect and so each visit is an educational experience.

Core Skills/Key Knowledge Needed in Your Practice Area:
Besides knowledge in the areas of Indian law and litigation there is a very real need for an understanding of a tribe's history, culture, religion and values since they all affect how the tribe deals with particular issues. There is a very real need to be able to not only communicate with tribal leaders but to relate to the issues they deal with and the work that they do.

Advice to Lawyers and Law Students Interested in Your Practice Area:
Learn the basics very well. I'd recommend gathering some intense litigation experience right out of law school - whether someone goes into litigation in the long term or not, that experience is invaluable in shaping analytical thought processes in a way that is very valuable in all legal work. It is important that you understand your role as an attorney and the role of tribal governments as your clients. Understand what they do and why they do it.

How?

Career Path to Current Position:
As a member of the Nez Perce Tribe and prior to joining Holland & Hart, I served ten years as Chief Counsel in the Nez Perce Tribal Executive Committee's Office of Legal Counsel. I previously represented the Confederated Tribes of the Umatilla Indian Reservation and other Indian tribes on a wide range of issues during the time I was in a solo practice from 1975 - 89. I worked as a staff attorney for the Native American Rights Fund in Boulder, Colorado, from 1972 - 75 and was in the U.S. Department of the Interior, Solicitor's Office, Honors Program in Washington, D.C. in 1971-72. I have also taught Indian law in a variety of contexts including the U.S. Indian Police Academy, various law enforcement agencies, and as an adjunct professor at the University of Idaho, College of Law during the 2000 spring semester. I currently serve on the Idaho Supreme Court's Fairness and Equity Committee, and the Tribal/State Court Judge's Forum established by the Court. I am a member of the Idaho Law Foundation's Continuing Legal Education Committee. I am President-Elect of the National Native American Bar Association, on the governing bodies of the Indian Law Sections of the New Mexico and Idaho Bar Associations, a member of the University of New Mexico School of Law, Indian Alumni Council and secretary/treasurer of the Indian Land Tenure Foundation Board of Directors. I serve as a Judge for the Tulalip Tribal Court of Appeals.

Influences and Mentors:
My grandfather, Corbett Lawyer, who was born in 1877 the year of the Nez Perce War, was a self-educated expert in Indian law and was key in establishing the current form of government for the Nez Perce Tribe. My step-father, Norman Rogers, Jr., and the Superintendent of the high school I attended, A.J. Malcom, apparently saw a future in law for me and urged me in that direction.

Suggested Reading About Your Practice Area:
There are few short reads on Indian law in general. Cohen's Handbook of Indian Law, currently being updated, is the recognized treatise on the subject. There are a wide range of articles in magazines and law reviews on specific topics within the field of Indian law.

Job Search Techniques Used in Finding Your Position(s):
Outside of my solo practice, I was acquainted with someone in each of the organizations or firms I worked for. That contact is what lead to my employment.

Bar Affiliations and Activities:

Member: American Bar Association; Litigation Section of the American Bar Association; Federal Bar Association; Indian Law Section of the Federal Bar Association; Idaho Bar Association, Oregon Bar Association; New Mexico Bar Association; Washington Bar Association; Indian Law Sections of the New Mexico, Oregon and Idaho Bar Associations; member and President-Elect, Board of Directors, Native American Bar Association.

Recent Professional Publications:

Vol. 38, No. 3, Idaho L. Rev. , The Importance of Being Honest': Exploring the Need for Tribal Court Approval for Search Warrants Executed in Indian Country after State v. Matthews 581 (2002) (with Christopher Graham); Vol. 5, No. 2, Careers and the Minority Lawyer, In Practice - Indian Law, 69 (2000); Vol. 46, No. 3, The Advocate, Cobell v. Norton - Idaho (should have read "Indian") Trust Fund Management Litigation Takes Center Stage, (2003) (with Christopher Graham).

Recent Professional Presentations:

MC and presenter at Idaho CLE program on Tribal Court Practice presented under the auspices of the Tribal/State Court Judge's Forum; 2002 Idaho State Bar Conference, presentation on the basics of Indian Law; 2002 presentation to tribal, state and federal law enforcement agencies on Criminal Jurisdiction in Indian Country.

Memorable Career Moment:

Developing and implementing a strategy to oppose a claim that the Nez Perce Reservation had been diminished - and seeing that strategy succeed beyond expectation.

Intriguing Interests:

Three grandchildren ranging in age from 3 months to six are certainly interests, if not intriguing. I compete in trapshooting and formerly engaged in handgun competition. Other interests include being in any backwoods area, preferably with rivers or streams, hiking, reading and generally working around my home/farm in the rural part of the Nez Perce Reservation.