MERLYN W. CLARK, ESQ.
HAWLEY TROXELL ENNIS & HAWLEY LLP
877 Main Street, Suite 1000
P.O. Box 1617
Boise, ID 83701-1617
Phone: 208-388-4836 Fax: 208-954-5210
mclark@hawleytroxell.com
PROFESSIONAL QUALIFICATIONS
EDUCATION
▪ Undergraduate - University of Idaho College of Business.
▪ Legal - University of Idaho College of Law (Juris Doctorate, 1964).
▪ Continuing Legal - satisfied all continuing legal education requirements of the Idaho
State Bar and Idaho Supreme Court Rules governing the practice of law in Idaho.
BAR ADMISSIONS
▪ Idaho State Bar,1964 (Bar No. 1026).
▪ Federal District Court of Idaho, United States Court of Federal Claims, Ninth Circuit
Court of Appeals, and United States Supreme Court.
PRACTICE AREAS
▪ Civil litigation and appellate practice in state and federal courts, and before
administrative agencies since 1964.
▪ Mediator - Certified Professional Mediator since 1995.
▪ Arbitrator - Member of the National Rosters of Commercial Arbitrators and Mediators
and Employment Arbitrators and Mediators of the American Arbitration Association.
▪ Expert Witness on issues of legal malpractice, ethics, attorney fees, negotiations,
evidence and civil procedure, and Court Appointed Discovery Master, Administrative
Law Hearing Officer, and Neutral Evaluator.
TEACHING
▪ Co-Instructor of Evidence Law and Procedure for the Idaho State Judiciary at the annual
Judicial Conference and Magistrate Judges Institute each year since 1990.
▪ Co-Instructor of Evidence Law and Procedure for the New Idaho Judges Orientation each
year since 1992.
▪ Adjunct Instructor of Trial Advocacy at University of Idaho College of Law in even
numbered years since 1996.
▪ Adjunct Co-Instructor of Negotiation and Settlement Advocacy, The Straus Institute For
Dispute Resolution, Pepperdine University School of Law, 2000.
▪ Adjunct Instructor of Negotiation Skills at University of Idaho College of Law, 2000.
▪ Adjunct Instructor of Mediation Advocacy at University of Idaho College of Law, 2002.
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Instructor and trainer of Trial Advocacy for young members of the Idaho State Bar at the
U.S. District Court, Boise, Idaho, 2007, 2009 and 2011.
Adjunct Instructor of Effective Advocacy in Arbitration, The Northwest Institute For
Dispute Resolution, University of Idaho College of Law, 2000 and 2002.
Adjunct Instructor of Arbitrator Skills at Northwest Institute for Dispute Resolution,
University of Idaho College of Law, 2009.
Taught seminars on mediation and negotiation topics to members of the Idaho Mediation
Association in 2008, 2009 and 2011.
Instructor of Arbitration Law and Practice for University of Idaho College of Law and
United States District Court, District of Idaho in Boise, Idaho, 2012, 2013 and 2014.
Taught numerous seminars on evidence law and procedure to Idaho attorneys since 1985.
Taught seminars on evidence law and procedure for the Idaho Attorney General’s Office,
Idaho U.S. Attorney’s Office, and Canyon County Public Defender’s Office in 2011 and
2012.
PROFESSIONAL BACKGROUND
Hawley Troxell Ennis & Hawley LLP, Boise, ID, 1979 - present: Mr. Clark is a senior
partner with extensive experience managing complex civil litigation in state and federal
courts, in arbitration proceedings, and before administrative agencies. He has argued
more than 35 cases before the appellate courts of Idaho. His clients have included
Certain Underwriters at Lloyds of London, Kerr-McGee Chemical Corp., Midas Realty
Corp., Del Monte Foods Corp., H. F. Magnuson, Mayflower Contract Services, Inc., The
Terteling Company, Inc., J. C. Murgoitio dba Murgoitio Farms, Rosebud Operating
Services, Inc., Baker-Boyer National Bank, Micron Technology, Inc., Cougar Mountain
Forms & Supplies, Inc., Morton International, Inc., PolyOne Corporation, Idaho Land
Title Association, Meridian School District, Belo Corporation, Idaho Health Facilities
Authority, Blue Cross of Idaho, McCann Ranch & Livestock Co., Special Olympics
World Winter Games, Inc., URS Federal Services, Inc. a subsidiary of URS Corporation,
Ada County Highway District, and as a Special Deputy Attorney General providing
services in select matters to the Idaho Department of Administration, Idaho Department
of Risk Management, Idaho Department of Health and Welfare, State Board of Land
Commissioners and Idaho Department of Lands, State Board of Tax Appeals, the Idaho
Supreme Court and certain individual Justices of the Idaho Supreme Court.
Alternative Dispute Resolution Practice. Mr. Clark has served as an arbitrator and
mediator for public and private parties since 1989. In 1995, the Idaho Mediation
Association certified his qualifications as a Professional Mediator. He is on the rosters of
approved mediators of the United States District Court, District of Idaho and all Idaho
state courts. Mr. Clark has mediated more than 750 disputes involving a broad range of
claims and issues. He regularly serves as a mediator for federal, state and local agencies.
He has presided as the sole arbitrator and as the panel chair or a panel member in more
than 60 arbitration proceedings. His practice includes all forms of alternative dispute
resolution, including arbitration, mediation, negotiation, neutral evaluation, fact finding,
administrative hearing officer, and training.
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Private Practice in Lewiston Idaho: From 1964 until 1979, Mr. Clark was in private
practice in Lewiston, Idaho. During that time his clients included real estate brokers, a
title insurance company, insurance brokers, construction companies, auto dealerships,
small businesses, and the Lewiston Police Officers Association.
Prosecutorial Service: In addition to private practice, Mr. Clark served as Deputy
Lewiston City Attorney from 1969 to 1971. He also served as Deputy Prosecuting
Attorney for Nez Perce County from 1969 to 1973 and as Prosecuting Attorney of Nez
Perce County from 1973 to 1977. In addition to prosecutorial duties, Mr. Clark provided
legal services to the Board of County Commissioners and other county officials on
matters of employment law, municipal law, construction law, environmental law, real
estate, eminent domain, taxation, insurance, and contract law.
PROFESSIONAL AFFILIATIONS
▪ Idaho State Bar (Member, ADR Section and Litigation Section); (Chair, Litigation
Section 2005-2006, 2007-2008); (Chair, Evidence Committee 1980-1985)
(Commissioner 1977-1979).
▪ Idaho Law Foundation (Dir. 1980-83; President 1984-1986).
▪ Idaho Association of Defense Counsel.
▪ American Bar Association (Member, ADR Section and Litigation Section).
▪ American Bar Foundation (Fellow).
▪ Federal Bar Association
▪ American Arbitration Association (Member, National Roster of Commercial Arbitrators
and Mediators, and Roster of Employment Arbitrators and Mediators).
▪ National Academy of Distinguished Neutrals.
▪ National Arbitration & Mediation ADR Services (Member)
▪ National Arbitration Forum (Member).
▪ Idaho Mediation Association (Certified Professional Mediator since 1995).
▪ American College of Civil Trial Mediators (Fellow).
▪ The Sedona Conference Institute (eDiscovery Working Group).
▪ American Inn of Court No. 130 (Member Emeritus) (President 1996-1997).
▪ American College of Trial Lawyers (Fellow) (State Chair 1998-2000).
▪ Academy of Court Appointed Masters (Fellow).
▪ University of Idaho College of Law Advisory Council (Emeritus) (Chair 1999-2000).
CIVIC/NONPROFIT AFFILIATIONS
▪ Idaho Fish and Wildlife Foundation, Inc. (Member, Board of Directors since 2002).
▪ Women’s and Children’s Alliance, Inc. (Member, Board of Directors since 2003).
▪ Idaho Partners Against Domestic Violence (Founding Member and Chair, 1994-2009).
▪ Trout Unlimited, Ted Trueblood Chapter (Member).
▪ Henry’s Fork Foundation (Member).
▪ International Federation of Fly Fishers (Member).
HONORS
▪ Member, University of Idaho Law Review, 1963-1964.
▪ Member, Silver Lance, University of Idaho scholastic honorary, 1964.
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Recipient, One of Twenty Outstanding Seniors Award, University of Idaho Class of
1964.
Recipient, Award of Appreciation presented by Board of Commissioners of the Idaho
State Bar, 1984.
Recipient, Award of Legal Merit presented by University of Idaho College of Law, 1988.
Recipient, Distinguished Service Award presented by the Idaho Supreme Court, 1988.
Recipient, Distinguished Lawyer Award presented by the Commissioners of the Idaho
State Bar, 2001.
Listed in Who’s Who In America and Who’s Who In American Law.
Listed in The International Who’s Who of Commercial Mediation Lawyers.
Listed in The Best Lawyers in America (Mediation, Arbitration, Commercial Litigation,
and Bet-The-Company Litigation), published by Woodward/White, Inc.
Listed in Chambers USA: America’s Leading Lawyers (Commercial Litigation),
published by Chambers USA.
Listed in Mountain States Super Lawyers (Alternative Dispute Resolution), published by
Law & Politics.
Listed in Benchmark: America’s Leading Litigation Firms and Attorneys (Highly
Recommended), published by Legal Media Group.
Recipient, Sheldon Vincenti Award for Service to the College of Law presented by the
faculty of the University of Idaho College of Law, 2012.
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