San Diego Lawyer January/February 2018 by San Diego County Bar Association

JAN/FEB 2018

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KRISTIN

RIZZO 2018 SDCBA PRESIDENT

PLUS

The View From the Jury Box Stay Tuned for Tech

501 West Broadway Suite A174

We send our best wishes for a successful and prosperous 2018.

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CONTENTS

Page

Features 18

New Courthouse Getting settled in the court's new home.

Turn 90 Degrees: See a New World Serving on the jury provides new perspective. By Edward McIntyre

Close-Up on Kristin Rizzo The new SDCBA President on her home at the bar. By Robert Derocher

Stay Tuned for Tech The SDCBA is going to take on technology for today and into the future.

Columns 28

What Dress Is Best? What to wear where. By Jeremy Evans and Christine Pangan

Why I Belong Get to know SDCBA member Brian Katusian.

San Diego County Bar Foundation Awarding nearly $400,000 in grants to 22 local nonprofits.

Giving Back & Getting More A few ways to put your time and talents to good use.

Technology & Social Entrepeneurship How one firm uses 501(c)3 status to serve the underserved middle class. By Mike Finstad

Surf Lessons How surfing helps me stay afloat. By Conor Hulburt

Correction: In the "In Memoriam" article of the November/December 2017 issue of San Diego Lawyer, Hon. Charles Froehlich Jr.'s name was misspelled in the title. San Diego Lawyer regrets this error.

Deans Fulfilling your career goals one pro bono hour at a time. By Niels Schaumann

Technology Cybersecurity, client confidences, and ABA Formal Opinion 477R. By Leah Strickland

Ethics Candor always works. By Edward McIntyre

Social Media Twitter tips for new tweeters. By Karen Korr

Legal Aid Society of San Diego Five ways to get involved. By Gregory Knoll

Q&A A word with Hon. William Dato. By Victoria Fuller

Distinctions & Passings

Photo Gallery

Follow San Diego Lawyer! sandiegolawyermagazine

@SDLmagazine

Issue no. 1. San Diego Lawyer™ (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is 619-231-0781. The price of an annual subscription to members of the San Diego County Bar Association ($10) is included in their dues. Annual subscriptions to all others, $50. Single-copy price, $10. Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright © 2018 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer are those of the author only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Board.

January/February 2018 SAN DIEGO LAWYER 5

WHY I BELONG THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION

Brian Katusian

Seltzer | Caplan | McMahon | Vitek Education: University of California San Diego, B.S. Management Science (2004); University of San Diego School of Law, J.D., LL.M. in Taxation (2007)

Co-Editors Edward McIntyre Christine Pangan

Editorial Board Elizabeth Blust Josh Bonnici George Brewster Jr. Jeremy Evans Mike Finstad Victoria Fuller Renée Galente

Julie Houth Michael Olinik Phil Simpler Whitney Skala Mike Wakshull Teresa Warren

SAN DIEGO COUNTY BAR ASSOCIATION

Executive Director & Chief Executive Officer Ellen Miller-Sharp

Director of Outreach Strategy & Chief Communications Officer Karen Korr

Graphic Designer/Webmaster Attiba Royster

Publications Editor Jenna Little

Marketing Coordinator Sasha Feredoni

Follow San Diego Lawyer! sandiegolawyermagazine @SDLmagazine

Areas of practice: ERISA/employee benefits/pension/ executive compensation; tax-exempt organizations; tax law Proudest career moment: My proudest career moments are the moments when my work has made a meaningful difference in a client’s life or in the lives of individuals who my clients serve. These moments include assisting nonprofits in accomplishing various charitable causes such as: 1) providing needed resources to terminally ill patients and their families, 2) providing needed resources to disabled persons to help them obtain gainful employment and lead independent lives, and 3) providing needed resources for research and development of cures to terminal illnesses. These moments also include helping individuals out of “sticky situations” with the IRS and other government agencies that threaten their everyday relationships and lives. Although I certainly feel good when I obtain a “win” in a transaction or in court, I feel best when I am thanked by a client for making a meaningful difference in his or her life. Family: My wife (Zina) and our Alaskan Klee Kai (i.e. a Mini Husky). Birthplace: Riverside, CA. Current area of residence: Downtown San Diego. If I weren’t an attorney, I’d be a marine biologist, professional food critic; travel writer; or simply traveling the world indefinitely skiing, hiking, and fishing in as many places I can muster. The best thing about being an attorney is the never-ending intellectual stimulation. Every day presents new problems for solving, particularly in the field of tax law, which is in a constant state of change. Last vacation: Iceland, Sweden and Denmark. Hobbies: Traveling the world with my wife, outdoor activities (scuba diving, skiing, fishing, camping, hiking, rock climbing, open water swimming, triathlons [Olympic and sprint distance]), running with my Alaskan Klee Kai “Wasabi,” investing, and trying new foods. Favorite book: Pawn of Prophecy by David Eddings. Best concert you’ve ever been to: Nas at Fluxx Nightclub. Most memorable SDCBA moment or meeting: Seeing my partner Gregory A. Vega present on criminal tax controversy, and seeing former USD Law Professor C. Hugh Friedman present the annual corporate law update.

401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 bar@sdcba.org Fax (619) 338-0042 www.sdcba.org Interested contributors may submit article ideas to the editors at www.sdcba.org/SDLidea. Unsolicited articles will not be printed in San Diego Lawyer™. San Diego Lawyer™ reserves the right to edit all submissions, contributed articles and photographs at its sole discretion. The opinions expressed by the authors and editors in San Diego Lawyer™ magazine do not necessarily reflect an official position of the San Diego County Bar Association.

FOR ADVERTISING INFORMATION, CONTACT LAURA TARABINI AT (760) 415-7030 OR LTARABINI@YAHOO.COM, OR VISIT WWW.SDCBA.ORG/ADVERTISING.

What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? While there is no one skill standing alone that will help you to be a successful attorney, one skill that I have found valuable is to view potential solutions from the perspective of my client. I have found that lawyers are oftentimes overly concerned with the “most correct” solution and not concerned enough about the solution that makes the most sense for the client. It does the client little to no good if you win the battle for them but they lose the war. While it is certainly important to advise a client of the “most correct” solution, whenever possible it should not be the only solution you present to your client. Do you have a mentor? Several, but my first and primary mentor is Lawrence (Larry) S. Branton. What would you most like to be known for? Integrity. What makes San Diego’s bar so special/unique? Its ability to be both big and small at the same time in that it is geographically large with a “small town feel” to it — and the excellent weather. January/February 2018 SAN DIEGO LAWYER 7

BY NIELS SCHAUMANN

DEANS

One Pro Bono Hour at a Time Niels Schaumann

Career fulfillment — one pro bono hour at a time — can change the world.

s attorneys, we work long hours representing clients large and small in their quests to settle disputes and seek remedies to issues that affect nearly every aspect of life. We work in many fields — entertainment, corporate, defense, prosecution, family, sports law, to name just a few. But no matter the practice area, we have much in common. We strive for justice, we solve problems large and small, and most importantly, we serve our communities.

Many of us make “the big difference” outside regular billable hours. We work the broader issues that matter to us on our own time, often volunteering or offering our legal services pro bono. Just because you can’t (or don’t want to) be a full-time agent for change doesn’t mean you can’t have a significant impact. My colleague Professor Barbara Cox says it best: “There aren’t many jobs that change the world, so we do our day job, and strive to make a difference on the side.” As attorneys, there are so many ways to contribute to the world around us. If you’re looking to connect to opportunities, look no further than our local law schools and their many clinics and programs serving our community. California Western School of Law has the following ways you can participate. New Media Rights New Media Rights provides legal services, educational resources and public policy advocacy for creators, entrepreneurs and internet users. Director Art Neill suggests the following ways local attorneys can give back: • Speak to our Intellectual Property and Entrepreneurship clinic students about the profession and/or share specific case studies. • Contribute knowledge to blog posts on www.newmediarights.org. • Expert attorneys in IP and business law can take on pro bono clients referred by NMR.

• Sit on NMR’s Advisory Board. • Mentor our students, or make yourself available to do informational interviews for students to learn about careers in IP and business law. Contact Art at art@newmediarights.org or (619) 591-8870 to get involved. California Innocence Project The California Innocence Project (CIP) is dedicated to releasing wrongfully convicted inmates and providing an outstanding educational experience to students enrolled in the clinic. CIP has a number of volunteers that work with the organization on a regular basis. There are four ways to get involved. 1. Expert Witnesses: CIP uses expert witnesses for case consultation and analysis, who work pro bono or at a reduced rate. Each year, CIP invites experts to educate clinic students on their particular expertise. 2. Attorney Volunteers: CIP has several hundred volunteer attorneys assisting in a variety of ways, including case screening and representation. 3. Investigators: CIP has a panel of licensed investigators who can volunteer for a single investigation, or get more involved and take on an entire case. 4. Interns: CIP hires unpaid interns to work in its office each trimester. This is a valuable experience for anyone interested in criminal law or postconviction law. Hours are flexible (five35 hours per week, Monday-Friday, 9 a.m.-5 p.m.). To take advantage of any of these opportunities, visit www.californiainnocenceproject.org and click on “Volunteer Opportunities” in the “About” section. Community Law Project The Community Law Project (CLP) provides pro bono legal services including legal advice, consultations and community education in 11 areas of law, and serves

more than 1,000 individuals each year. The majority of CLP’s services are provided one-on-one at weekly clinics held at five partnering schools and churches in four high-need communities of San Diego County: Downtown, City Heights, Solana Beach and Lemon Grove. Clinics are staffed by pro bono attorneys, volunteer law students and experienced supervising attorneys, who work together to assess clients’ issues and give personalized advice and general information about the legal system. When general legal advice is not enough, clients are scheduled for a followup consultation with an attorney who is an expert in the relevant legal field. Contact CLP Executive Director Dana Sisitsky at dsisitsky@cwsl.edu to learn how you can get involved. Clinical Internship Program The Clinical Internship Program offers third-year law students an opportunity to observe and engage in the practical application of lawyering skills while earning academic credit for 13 weeks. Supervising attorneys are responsible for: • Assigning tasks tailored to an intern’s individual learning goals. • Providing timely and thorough feedback on work assignments. • Discussing matters of professional responsibility and ethics. • Performance evaluations during and at the end of the trimester. Contact Program Administrator Ruth Briscoe at rbriscoe@cwsl.edu or (619) 5251438 for more information on becoming a supervising attorney. Volunteering or offering pro bono hours are vital parts of being an attorney and one of the best ways to experience a more fulfilling legal career. It is also one small way we can give back to our community and make a big difference one hour at a time. Niels Schaumann is President and Dean of California Western School of Law.

January/February 2018 SAN DIEGO LAWYER 9

LOOKING TO GET HIRED? Highlight Your Practice and Meet Potential Clients. Join the Lawyer Referral and Information Service. Contact Michelle Chavez at 619.321.4150 or mchavez@sdcba.org Learn more at www.sdcba.org/joinlris.

BY LEAH STRICKLAND TECHNOLOGY

Cybersecurity, Client Confidences, and ABA Formal Opinion 477R

ou work for a boutique firm that handles transactional legal needs. One of the firm’s clients has grown from a successful regional business into a nationwide powerhouse. It has become so successful, in fact, that it recently became the target of a widely reported cyberattack. You spoke with the client contact when that happened, and she confided in you that the company is aware of dozens of attempts to breach its security measures just within the past year. The client contact tells you her company is contemplating the acquisition of a midsized publicly traded corporation. The deal is extremely sensitive — any public leaks could cost the client tens of millions of dollars. The contact would like your firm to handle the legal work related to the acquisition. You know your firm can handle the legal aspect of the deal, but in light of the recent cyberattacks, you wonder if your security measures are enough for this engagement. This client prefers email communications, and expects quick answers after business hours. You’ve read about encrypting emails, but it’s not something your firm typically does. You’re pretty sure it’d slow down or even stop after-hours communications. Besides, the client has never expressed a concern about using regular email to communicate on sensitive matters, and you’re aware of a 1999 Formal Opinion from the ABA saying unencrypted email is okay. So it must be okay, right? State of the Law and the State of Technology In 1999, the ABA issued Formal Opinion 99-413, in which it stated: “A lawyer may transmit information relating to the representation of a client by unencrypted e-mail … because the mode of transmission affords a reasonable expectation of privacy from a technological and legal standpoint.” However, the trend in opinions issued over the past five to 10 years has recognized the increasing dangers posed by cyber threats.

These opinions support imposing greater obligations on an attorney than the ABA’s 1999 opinion. For instance, in California’s Formal Opinion 2010-179, the Committee noted that technology has changed since the ABA issued its opinion. It is not enough to rely on an expectation of privacy in all cases, particularly in California, where an attorney must “at every peril to himself or herself [act] to preserve the secrets of his or her client.” (Cal. Bus. and Prof. Code section 6068(e)(1).) Instead, the opinion concludes that “the duties of confidentiality and competence that attorneys owe to their clients [ ] require a basic understanding of the electronic protections afforded by

“Instead of taking a one-size-fits-all approach, the ABA endorses a factspecific approach sensitive to the client’s needs, evolving technological threats, and evolving technological solutions.” the technology they use in their practice.” In relation to email, to ensure a client’s confidentiality, “[e]ncrypting email may be a reasonable step for an attorney to take … when the circumstance calls for it, particularly if the information at issue is highly sensitive and the use of encryption is not onerous.” Following this trend, in 2012 the ABA adopted “technology amendments” to the Comments to Model Rule 1.1, and added a Comment and paragraph (c) to Rule 1.6, requiring lawyers to “make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to” a client’s confidential information. In 2015, the State Bar of Texas issued

This article originally appeared in the June 2017 issue of For the Record, the SDCBA's publication for new lawyers.

Opinion 648 (2015), stating encryption may be appropriate where, inter alia, the information is highly sensitive or where it may be intercepted by a third party such as law enforcement. Finally, on May 22, 2017, the ABA issued Formal Opinion 477R: “Securing Communication of Protected Client Information.” Through the opinion, the ABA formally amends the stance it took in 1999. Instead of taking a one-size-fits-all approach, the ABA endorses a fact-specific approach sensitive to the client’s needs, evolving technological threats, and evolving technological solutions. Thus, instead of endorsing one technology, the ABA sets out seven factors an attorney should consider in determining appropriate cybersecurity for a given engagement. 1. Know What’s at Stake: Understand the Nature of the Threat. The attorney must first assess how sensitive the information is and how high the risk is for “cyber intrusion.” The opinion gives examples of particularly sensitive matters, including mergers and acquisitions. Those matters may warrant greater security measures than is typical. 2. Know Your Hardware and Communications Software: Understand How Client Confidential Information is Transmitted and Where It Is Stored. The attorney must ask himself, and the client, will those involved be using laptops, smartphones, or tablet computers to communicate? Will communication on the matter occur via telephone, email, text message? Each of these methods of communication and types of devices present different security weaknesses. The opinion notes, “[e]very access point is a potential entry point for a data loss or disclosure.” 3. Know Your Security Options: Understand and Use Reasonable Electronic Security Measures. Under ABA Model Rule 1.6, a lawyer’s must take “reasonable” measures to prevent the Continued on page 45 January/February 2018 SAN DIEGO LAWYER 11

VOSSELLER LAW FIRM WELCOMES

SARA SIMMONS We proudly welcome Sara Simmons to our team. Sara is passionate about helping clients overcome harm inflicted by others’ improper conduct. She has tried several cases and her practice will focus on representing plaintiffs in personal injury and civil rights matters. Sara serves on the Board of Directors and as Vice President of Policy & Membership for Lawyers Club, a 1,300-member association with a mission to advance women in law and society. She is also a member of the Louis M. Welsh Chapter of the American Inns of Court, Consumer Attorneys of San Diego, and the San Diego County Bar Association. Sara earned her J.D. from California Western School of Law, where she competed nationally on the school’s trial team. She received her B.A. from University of California Santa Barbara.

After each case, we donate a portion of attorney’s fees to a nonprofit chosen by the client.

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VOSSELLER LAW FIRM

BY EDWARD McINT YRE

ETHICS

Candor Always Works Non-disclosure to a court is the same as a half-truth or misrepresentation.

acbeth ushered Todd McSweeney to the conference table. “Let’s wait for Sara and Duncan.”

“Your castle, your rules.” With everyone seated and introductions complete, Macbeth nodded. “Todd, from the beginning?” “OK, but it’s complicated.” Macbeth smiled. “I think we can handle it.” “Well, I’m in these class actions. Not lead counsel or anything. But I’ve got a piece of the action.” “Could you explain?” “Sure. Rounded up a few class plaintiffs. Then referred them to class-action lawyers in Los Angeles. They filed the lawsuits. They’re lead class counsel.” Sara interrupted. “State or federal court? Not that it makes any difference.”

CARTOON BY GEORGE BREWSTER JR.

“But good question. Massive case. Federal court. Judge Smiley. Pleasant enough, few times I’ve been in the courtroom.”

Macbeth asked, “Are you counsel of record?” “Well, technically. I appeared for the plaintiffs I referred. But just that. To get notices and stuff. Participate in any fee award.” “I see.”

money has to go to Norwegian charities with specific purposes. All spelled out.” “Not all that unusual, in fact.” “Really? Class actions aren’t my thing either.” Macbeth intervened. “What’s the ethics issue, Todd? I assume that’s why we’re here.”

“But it’s not like I sign pleadings or anything. Never stood in front of Smiley and said anything. When I’m in court, I sit in back. Watch. Federal court’s not my thing.”

“We found a Norwegian charity. Fits the bill. Just crazy luck. No names, OK?”

“We have the picture. How can we help?” “The class actions — several of them — settled. So, I’m about to see pay day. But there’s a hitch.”

“Good one. Norge’s ideal. Except for Norwegian law. Its lawyers say Norwegian tax authorities will grab a huge chunk of any award to Norge. Scandinavian tax systems!”

Macbeth invited McSweeney to continue.

“So?”

“One settlement requires class money go to Norwegian citizens. Crazy. Don’t ask me. It’s complicated. But that’s the requirement.”

“They’ve got an idea.”

Sara again: “What happens if there aren’t enough Norwegians filing claims?”

“Hey, this is privileged, right?”

“Just what happened. We couldn’t find many Norwegian class members. Leftover

“Call it Norge?”

“I’m afraid to ask.” “Attorney-client privilege. Also confidential under section 6068(e)(1). Feel free to continue.” “I form a California corporation. With the exact name as Norge. Open bank accounts here. Deposit the award into those accounts. Then disperse funds as Norge directs.” “Think Judge Smiley will approve?” “If I don’t tell him? After all, I’m not making representations to the court. Not signing pleadings. What’s my risk?” Sara spoke, “Rule 5-200 and section 6068(d) prohibit misleading a judge. But —” “But I’m not making any representations to a judge —” “I was about to add, without evidence of specific intent to deceive the court, you might escape a violation of the rule and section 6068(d). But that may not be your only risk.”

January/February 2018 SAN DIEGO LAWYER 13

E ETHICS Macbeth added, “I agree. Let’s walk this through. Can we agree it would be material to a judge that he’s approving a settlement award, on its face paid to Norge, but, in reality, paid to a California corporation with the same name?” “Well, maybe —” “Let’s add. As part of a scheme to evade Norwegian taxes. Material now?” “I guess … yes.” “And although you didn’t represent that the money is going to Norge, you know the payee on the check will appear to be Norge. But the money goes to a California soundalike. The court knows nothing about this scheme?”

the other lawyers make about Norge as a recipient —” “Ratify?” “Yes. The State Bar Court has made clear that non-disclosure to a court is the same as a half-truth or misrepresentation.”

“Thanks — I guess.” Sara smiled and closed her notes.

“OK, but —” “And, as Sara said, section 6068(d) and rule 5-200 may not strictly apply; section 6106 could.” “Section 6106?” Sara spoke, “Acts of dishonesty and moral turpitude. Most recently, the Moriarty case.”

“Likely you’ll endorse the check and deposit the money. Disperse it afterward.”

Duncan came alive. “Someone made misrepresentations to get him a continuance. He didn’t make any misrepresentations, but the court found he knew and ratified the conduct. Culpable of violating section 6106.”

“That’s the idea.”

“What happened?”

“At a minimum, you’ll ratify whatever false statement or half-truth or non-disclosure

“Recently disbarred.”

“Something like that —”

Macbeth spoke, “Think you’ll need a different solution, Todd. We suggest absolute candor, whatever the consequence in Norway.”

Editor’s Note: All references to sections are to the Business and Professions Code. The case to which they referred is In the Matter of Moriarty (Review Dept. 2017) _Cal. State Bar. Ct. Rptr. _, Case No. 15-O-10406 (April 20, 2017), Supreme Court affirming disbarment on Sept. 21, 2017.

Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and coeditor of San Diego Lawyer. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA or its Legal Ethics Committee.

“Ouch!”

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January/February 2018 SAN DIEGO LAWYER 15

S SOCIAL MEDIA

BY KAREN KORR

Twitter Tips for New Tweeters Ready to tweet? Here are a few helpful hints if you are brand-new to Twitter.

ocial media is, well, pretty social. Twitter is a social platform, but Twitter is not necessarily about checking in with friends you haven’t talked to since high school. It is a great source of news and information, a way to help position yourself and your work, and a mechanism to connect with others worldwide who share your professional and personal interests. One of Twitter’s best attributes is that it gives you access to those who you might not normally interact with in your day-to-day life — from newspaper editors to sports stars to celebrities to industry experts and more across the globe. Twitter is user-friendly, and can be only as time-consuming as you want it to be. If you have yet to set foot in the Twitterverse, here are the three main things you need to know:

A “tweet” is a message containing only 280 characters. You can also add a photo or video clip to your tweet, and still write a 280 character message. A “retweet” is when you share a message to your timeline (which is like your homepage on Twitter) that somebody else posted. When you retweet, you can add your own 280 character message to the original tweet.

A “hashtag” is a way to tag a keyword that will make your tweet easily searchable. The symbol for a hashtag is “#,” the old number/pound sign on a rotary phone. For example, if you use “#SanDiego” or “#TheBachelor” in a tweet, anyone who searches for that hashtag can see your tweet. It’s also a way to sort the conversations on Twitter and find what you are interested in easily. Followers are people who are interested in seeing your tweets. You can follow anyone who has a public Twitter page. With that basic information, let’s get started. Here we go …

Setting Up Your Account Each account needs its own, unique email address. If you plan to have separate Twitter profiles for your law firm, staff or personal profiles, each account will need to be connected to a unique email address. Tip: Set up a new Gmail for additional accounts if others are already being used. Follow friends and colleagues, or choose to follow some suggested accounts. See what others in your field are up to, and find valuable information relative to your interests and practice. Pick a profile picture. Choose a current — and professional — photo of yourself, or your law firm logo. Please don’t leave the default egg — nobody takes the egg seriously. Add a header image. The SDCBA uses this space to feature event photos and Association logos, and sometimes changes it to promote upcoming programs. You can use it to highlight your law firm space, logo, staff, your favorite San Diego skyline or another photo to share more of your personality. Again, just keep it professional. 16 SAN DIEGO LAWYER January/February 2018

SOCIAL MEDIA

Write your bio. This is where you talk about yourself, but in a way that explains what you will be tweeting about. Good tweeters don’t address everything, just share information in areas where they are experts or where their passions lie, so it's important to define who you are and what followers should expect.

Navigation Basics Here are a few features you will see when you start navigating through your new Twitter account. In no way is this list exhaustive — don’t be afraid to click around and explore. Home screen — See a real-time stream of tweets from those you follow. Notifications — Alerts that someone has mentioned you in a tweet, followed you, responded to or liked your tweet, or retweeted you. Twitter will also notify you of other tweets. Messages — View private conversations or messages specifically for you. Trends for You — Trending news, Twitter mentions or hashtags tailored to what Twitter believes you are interested in following. Search — Search for users, topics or hashtag conversations. Reply vs. Mention — Click the comment bubble to reply to a tweet — it will go directly to them and will not show up on your feed. To mention another user in a tweet that you want to appear on your feed, for example, “Learned about technology at recent @sdcountybar program.” Like — Showing support for a tweet — similar to Facebook. With anything else, you are trying for the first time, start slow. Follow people or businesses you admire or are interested in and just observe for awhile before jumping in. Once you get a feel for twitter’s flow, get tweeting! Karen Korr (@fullkorrpress) is the Director of Communications and Outreach Strategy for the San Diego County Bar Association (@sdcountybar).

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NEW CENTRAL COURTHOUSE OPEN Here are a few fun facts about the San Diego Superior Court’s new central courthouse. Be on the lookout for more information on the new courthouse in upcoming issues of San Diego Lawyer.

Photo © Bruce Damonte

NOW OPEN AT 1100 UNION STREET: • Departments 1, 2, 42, 43, 44 and 45 • Executive Office • Family Court • Family Law Facilitators • Family Support Division • Judicial Services • Misdemeanor Business Office (Room 1001) • Probate (Madge Bradley) Court • Jury Services • Presiding and Assistant Presiding Departments

FUN FACTS 1,936 fire alarms 1,270 smoke detectors 488 surveillance cameras 11,700 network connections and 205 wireless access points. LEED certified – Uses approximately 17%

less energy than a code-minimum facility

1.2 million people expected to pass through each year

Daily calendar displayed on

12 television monitors

6 touchscreen building directories Occupies approximately 1.4 acres

and

Photo 18 © Bruce SAN DIEGODamonte LAWYER January/February 2018

369 feet tall

#CHANGE

704,000 500

people can fit in the jury lounge

over

square feet

16 11

public elevators

judicial officers from Family and Probate Courts move in January through

22 6

stories

escalators

700

staff, judicial officers and related services, and all court operations will move into the new courthouse

courtrooms

February 4

Photo ÂŠ Bruce Damonte

January/February 2018 SAN DIEGO LAWYER 19

turn 90 degrees:

see a new world

Serving on the jury provides new perspective. By Edward McIntyre

t’s hard to anticipate the difference 90 degrees makes. Walk into a courtroom; leave the comfort of counsel table; turn right or left; step into the less familiar terrain of the jury box. A different world opens.

Every trial lawyer should have the privilege of serving as a trial juror — a singular learning experience. A few observations from two criminal trials that lasted several days each — one for possession of a controlled substance with the intent to distribute; the other for petty theft of a cellphone. Each, for quite different reasons, resulted in an acquittal. We lawyers magnify the obvious. We ask the same questions — too often, with little difference or nuance. Jurors listen; pay attention; get it. The court may indulge our recross or redirect, but let’s not impose on the jury’s patience. This is obvious the first time around; it’s painful when a witness’ testimony is played back — repetition without purpose is just boringly repetitious. Jurors strive to do the right thing — i.e., follow the judge’s instructions. Many jurors likely believed the accused did the act charged. But a unanimous acquittal verdict resulted because everyone took the “beyond-a-reasonable-doubt” instruction seriously. The prosecution had failed to meet its burden of proof. If

20 SAN DIEGO LAWYER January/February 2018

an instruction is important to our case, highlight it in closing. Little things distract. A lawyer’s shirt button opened; beneath his necktie, he never saw it. But as he sat hunched over counsel table, he treated half the jury to a side view of his white, hairy belly — all day. Check the little things.

"A smile, a nod, even a bit of humor if not forced can help bring a jury along." Set the scene. We know our case inside and out. Jurors don’t. We know why we’re calling this witness, the jury doesn’t. Think of using a couple of our opening questions, or even the preface to a question, to give the jury a context. It helps. Anticipate and prepare. The defense received a limiting instruction on the admission of a certain piece of evidence, excluding it for critical purposes the prosecution had intended. The reason? Lack of foundation. The prosecution did not have a witness who could

authenticate that a device did what the prosecutor wanted the jury to conclude it did. I learned post-trial that a last-ditch attempt at an Evidence Code section 402 hearing to qualify a participant witness as an expert failed. Foundation can be key. If it’s important, remind us. In closing, a defense lawyer reminded jurors about the court’s limiting instruction on that piece of evidence, and what it was not evidence of — the instruction, ironically, repeated when the witness’ testimony was played back. The jury took the limiting instruction to heart — even though at odds with the common experience of some. It was likely a factor in the acquittal verdict. But its importance was lost on us until reminded at closing. If we’re going to impose on a jury, it has to be good. The defense rested. The prosecution had “rebuttal” witnesses. But they were detectives, on-duty, in the field and not available until the next day. So the court excused us — in a case in which the prosecution’s case had collapsed with the first defense witness — to come back the next day. We showed up; the detectives testified; they rebutted nothing. It was the same thing we’d heard from others in the case in chief. It only highlighted a grasp at straws. Acquittal verdict took five minutes. If we have it, use it. A piece of evidence — a photo — authenticated early in the

trial, was only offered and admitted without objection just before closing. The photo was unique. But we never really saw it until delivered to the jury room. It might have been used extensively with the witness who authenticated it; with other witnesses. Flashed again and again in front of the jury, would it have made a difference? Never know. Yes, some jurors will focus on the irrelevant. A juror went on at length about how police treated members of his community — even though there was no issue about the arrest, search or evidence seized. Several jurors parsed three words in one instruction for a half-hour in a manner that would have made members of the Académie française envious — only finally to ask the court for help. Smile, our faces won’t crack. The courtroom, especially for a criminal trial, is a serious place. But a smile, a nod, even a bit of humor if not forced can help bring a jury along. Jurors watch everything. We have nothing to do but look and listen. And if no one’s talking, just look. Every gesture, every movement, becomes isolated, magnified. Jurors watch clients as well — posture, attitude, affect. We lawyers have to be on guard — all the time. Jurors watch what happens in the court corridors; some comment on it. Less is more. When jurors wonder why we called a particular witness, that’s not good. Our story didn’t advance. Peripheral and repetitious testimony bogs down our case. “Nothing further, Your Honor” is not necessarily a weakness; it may be a sign of strength. There are leaders and followers. Theories of jury de-selection suggest we want to “thank and excuse” potential leaders who will not see our case as we do. The advice may be sound. Some jurors will take charge; others sit back. Leaders lead, for better or worse. As a lawyer, listen. I think it better if a lawyer on the jury is not the foreperson. Deliberation is time to sit back, listen, learn; contribute but not be leader of the pack. Yes, jurors will ask legal questions; yes, it’s tough not to respond; yes, that’s our job. Don’t resist. When a juror summons comes, don’t think of reasons we can’t serve, or how to get excused. If we try cases, this is an education we can’t get anywhere else. As lawyers, we have a duty to our system of justice to serve it as least as much as others do. Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and co-editor of San Diego Lawyer.

Friend & Patron Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members for their outstanding commitment and generous support in 2018. PATRON MEMBERS Marc Adelman Doc Anderson Judy Bae Jedd Bogage Connie Broussard Jose Castillo Andy Cook Steven Coopersmith Ezekiel Cortez William Dougherty Alexander Dychter Sergio Feria James Frantz Douglas Glass

Alvin Gomez Van Haynie Stephen Hogan Rhonda Holmes Richard Huver Laura Miller Gerald Mulder Charles Pinney Teodora Purcell Johanna Schiavoni Todd Stevens Kimberly Swierenga Thomas Warwick Andrew Wilensky

New All-Inclusive Patron Membership Option Patron members may now attend any SDCBA CLE or social event at no charge. For details, visit www.sdcba.org/renew or contact the SDCBA Member Services team at mbr@sdcba.org.

FRIEND MEMBERS Laura Ashborn Steven Barnes Robert Baumer Scott Carr Linda Cianciolo Teresa Dietz David Dugan Thomas Fitting Susan Fox Ronald Greenwald Ajay Gupta

Mark Kaufman Marguerite Lorenz Raymond Navarro Justin Nielsen Anthony Passante Anne Perry Kristi Pfister Michael Roberts Stella Shvil Janis Stocks

January/February 2018 SAN DIEGO LAWYER 21

At Home at the Bar 22 SAN DIEGO LAWYER January/February 2018

By Robert J. Derocher Photos by Jason de Alba

“Laser-focused.” “Ethical.” “Collegial.” “Energetic.” “Committed.” Those are just some of the words that family, friends and colleagues of Kristin Rizzo used to describe her as she prepared to become the 111th President of the San Diego County Bar Association (SDCBA) on Jan. 1. Kristin said she is ready to lead the Bar in 2018, focusing on issues such as bolstering education related to legal technology; fostering the legal and business practice skills of the Bar’s newest lawyers and helping them to transition into the profession; and continue to position the Association as a resource for the community. The Bar’s Immediate Past President Loren Freestone is confident that Kristin will do whatever she sets her mind to — both in her career and in her presidency. According to Loren, “Kristin is a consummate gogetter. She is a well-respected lawyer and Bar leader, and her enthusiasm, diligence and knowledge of the profession and the Bar Association will serve her well in this role.” Another word frequently used to describe Kristin? “Fun.” “Kristin enjoys life, her practice and just interacting with people. This combination of assets will make her a tremendous Bar President,” said Andy Albert, 2006 SDCBA President. “I am not at all surprised that she has accomplished so much with the Bar Association and as a lawyer. I am surprised that she somehow found time to do everything she has done, but I never had any doubt she had the smarts, the talent and the initiative.”

those goals and more, relying on her successful history of collaboration, entrepreneurship and convivial leadership in multiple Bar Association and community organization roles. They look forward to a year of action and accomplishment, led by Kristin’s passion to give back to the San Diego legal community. And while no bounce house or karaoke events are on the schedule yet, she’s planning to bring a good dose of energy and enthusiasm to all she does this year. “I have received so much from San Diego’s legal community,” Kristin said. “To have an opportunity to give back in such a meaningful way is truly a great honor. I’m ready to take on the challenges that come with this position head-on, and I look forward to serving our members.” Kristin’s father, Terrence “Terry” Rizzo, also a prominent San Diego employment law attorney, wasn’t convinced right away that the law would be his daughter’s calling. An accomplished soccer player while growing up, Kristin also served as editor-in-chief and writer for her high school and college newspapers, respectively, and at one point had considered a career in journalism. No matter her path, Terry knew early on that middle child Kristin — like her siblings Jeff (age 40) and Lauren (age 36) — had the will and the knowledge to succeed. Leadership, responsibility and maintaining strong relationships began early with Kristin, he said, recalling a tale his mother told him when the then-preteen sisters

flew on their own from California to Pennsylvania to spend the summer with their grandparents. “My mother was worried, especially about Lauren, but Kristin said, ‘Gramma, don’t worry. I’ll take care of her,’” he said. “Kristin just assumes responsibility. She learned from a very young age how to care for other people and how to be empathetic, and I think she’s carried that throughout her life.” Those traits continued to serve her well, Terry said, as Kristin continued on to the University of California, San Diego, where she double-majored in political science-international relations and Spanish literature, and then on to the University of San Diego School of Law, where she served as vice chair of the Appellate Moot Court Executive Board. After earning her juris doctorate in 2006, Kristin became an associate at Hosey & Bahrambeygui, where she got her first taste of Bar Association life, thanks to a nudge from Patrick Hosey, the Bar’s President in 2010. He encouraged her to join what was then called the New Lawyer Division. As for Bar leadership? That was a bit accidental at first, according to Kristin. In search of practical skills training for new litigation attorneys, she discovered that the Bar was not offering much of what she was looking for at the time. “(Some Bar leaders) came up to me and said, ‘Well, Kristin, do you want to come in and start working on creating some of those programs?’”

Longtime friend and Bar Board colleague Anna Romanskaya echoed the sentiment that 2018 will be an enjoyable year under Kristin’s leadership. “She’s serious, she’s got a professional demeanor, but she’s incredibly fun. I mean, she had a bounce house at her wedding and a karaoke band. We’re going to see some energy in her leadership,” according to Anna. Friends and colleagues have little doubt that the native San Diegan will achieve January/February 2018 SAN DIEGO LAWYER 23

she said. “I ended up helping to create a full 101 practical training series for new attorneys.” And just like that, she found herself on the SDCBA leadership track, joining the New Lawyer Division’s Board of Directors in 2007, and later becoming the Division President in 2010. It was no surprise then — and it is no surprise now — to find Kristin in a Bar leadership role, according to 4th District California Court of Appeal Justice Judith Haller. They met in 2007 through a mentor/ mentee program offered by the Lawyers Club of San Diego.

San Diego employment law defense attorney Lonny Zilberman noticed Kristin’s potential from the other side of the aisle, first encountering her as opposing counsel. Right away, he said, she stood by her word with a high degree of ethics. “I feel like she represents her clients first,” he said. “Everybody says that, but she actually walks that walk. I really admire that.”

“She is such a student of everything she does, and she has a passion for it. She digs deeply into policy and other complex issues,” he said. “She has no fear of changing things or trying something new if it means that it may serve a greater good.”

The judge was also impressed with Kristin’s attention to detail. They’ve met many times for lunch over the years, Justice Haller said, and Kristin “always knew the ‘in’ places.” And as their lunchtime meetings and conversations continued, Justice Haller observed Kristin growing as an attorney, and as a Bar leader.

“Kristin has difficult-to-describe poise and grace when meeting with people. There’s an older-world foundation and depth to her that attracts people. She is humble and there is no pretense about her at all. She is just somebody that people want to be around, and that’s the foundation for a really great leader.” 24 SAN DIEGO LAWYER January/February 2018

Kristin’s husband, Thomas “Tom” Becker, a materials engineer at defense contractor Raytheon, certainly felt comfortable talking to Kristin the first time he met her in 2009 — even though Kristin was on a blind date with someone else at the time.

Seven years after Justice Haller officiated at Kristin and Tom’s winery and picnic-themed wedding, Tom continues to marvel at Kristin’s abilities to “laser-focus” on issues, particularly on those affecting the Bar over the last several years.

“The kinds of questions she would ask me were intelligent, they were clear, and she appreciated input. It was very clear to me from the very beginning that she was thirsty for knowledge, and how she could become a very terrific attorney — and how she could engage within the legal community,” Justice Haller said.

Those qualities also stood out to Paula Herring, another longtime friend and colleague of Kristin’s.

CALLING HER OWN SHOTS

“After the guy left the table, she handed me her card and said, ‘You’re cute and funny. I hope you call me.’ We got engaged 10 months later,” Tom laughed. “She is decisive. She calls her own shots.”

The first thing Justice Haller noticed? Kristin’s intent, focused questions.

“Her questions became more complicated and complex, always intelligent and thoughtful,” according to Justice Haller. “She was always very focused on how she could become a better and stronger advocate for her clients, and doing it at a very high ethical level.”

good at listening and diplomacy. You either have it or you don’t — and she’s got it.”

As Kristin began to progress professionally — moving to an associate position at Higgs, Fletcher & Mack in 2007 — she continued to grow and take on new roles at the SDCBA, chairing or co-chairing a half-dozen Bar Committees, as well as later serving as Treasurer and Vice President. “She’s always been this rapid rising star; you could see it from when she was on the Bar Board as a new lawyer member that she wanted to be a leader among her peers and she had the qualities to do it,” said former Bar President Jon Williams, who served on the Board of Directors with Kristin. “I think she has the kind of personality that people feel comfortable talking to her. She is really

One only has to go as far as her decision in 2011 to open her own solo law practice — amid a lingering economic recession — to understand Kristin’s ability to embrace change, face down fears, work hard, and believe in what she’s doing, Tom said. Six-and-ahalf years after that decision, Rizzo Law is a thriving solo practice that Kristin has recently expanded to include workplace investigation and mediation. “She is focused on what she wants to do. She does this because she’s passionate about it,” he said. “She’s aware of the roadblocks … but she ignores those. She’s really all about everybody having opportunity.” San Diego employment law attorney David Strauss has known Kristin since her pre-law days as the daughter of his legal colleague, Kristin’s father Terry Rizzo. They crossed paths again when Kristin went into solo practice and sought advice, office space and employment law mentoring, from David.

“Like many former employment defense lawyers, she had a good grasp of the law, but had to learn about taking on legitimate plaintiff cases, the business of a contingency practice, and the pacing of her personal and professional life to meet the challenges of a practice where you only get paid if you succeed,” David said. “She has demonstrated to me that she takes on and manages all sorts of challenges and responsibilities: family, professional, social, and growing as a plaintiff’s lawyer, and now as a mediator.”

BUILDING THE BEST BAR Kristin found her professional “home” at the SDCBA, finding it to be not only a place that provided myriad opportunities, but more importantly, a harmoniousness among colleagues that is unmatched elsewhere. “I have stood on the shoulders of giants to get where I am today. I have been blessed with amazing mentors and friendships. I have built so many wonderful relationships, which have helped me develop both personally and professionally over the years. That’s part of this Bar Association and part of this legal community of San Diego and how collegial we all are,” she said. “That’s a huge part of how I’ve arrived at this place in my career — through so many wonderful people in our legal community and beyond. I know that, and I try to give back.” For the 60 to 65 percent of SDCBA members who are solo and small practitioners, hiring a technology officer in 2018 is an opportunity to not only help them keep up with the latest knowledge, but to also save them time, money and resources, she said.

“Tech competency is a necessity for lawyers — it is no longer a luxury,” she said. “The Bar wants to be the go-to legal tech resource for our small and solo practitioners who may not have the same access to information and programming as attorneys at larger firms with tech departments.” For the newest Bar members, as well as the increasing number of attorneys embarking on solo practice, Kristin sees training, education and flexible Bar resources, such as the Bar Center at 401, as important tools in the year ahead. “How can we ensure that our newer San Diego attorneys have the training and guidance that they need?” she asked. “And it’s not only these new attorneys, but it’s all of these solo and small practitioners. With

so many small firm and solo practitioners, there’s a cultural shift in how law is being practiced. We want to make sure that we are doing what we can to meet our members’ constantly evolving needs.” Kristin is also looking forward to working with the Bar’s Board of Directors and all of the volunteer leaders to further the Bar’s strategic framework and goals. “The 2018 Board and Section and Committee executive members are a wonderfully energetic, vibrant and committed group of leaders. I feel lucky and honored to work with so many talented lawyers in this capacity.” She also plans to continue the Bar’s forward momentum in 2018. “We are always making room for new ideas,” Kristin said. “The SDCBA is known

THE RIZZO FILE Age: 38 Home: San Diego Education: Double BA, Political Science-International Relations and Spanish Literature, University of California, San Diego (2001) JD, University of San Diego School of Law (2006) Personal: Married to Tom Becker; two children, Lola, 3, and Fiona, 1

Professional Background: Rizzo Law, PC – Owner/Managing Attorney (Est. 2011) Higgs, Fletcher & Mack, LLP – Associate (2007-2011) Hosey & Bahrambeygui – Clerk, Associate (2005-2007) Pro Bono Mediator – California Department of Fair Employment and Housing Specialty/concentration in employment law, focusing on strategic representation of employees and employers, workplace investigations and mediation of employment disputes

as a cutting-edge and progressive Bar, and we work hard and make difficult decisions day in and day out to make sure that we provide opportunities, services and resources that are important to our members.” Jon Williams, 2014 SDCBA President, has little doubt that Kristin will be able to make some of the difficult decisions that often go into leading a diverse bar of 10,000 members. It was Jon who took up Kristin’s request to lead a reorganization of Sections and Committees, many of which had become stagnant. “That was a very difficult, diplomatic task. She had the ability to diplomatically move (members) along to where they needed to be. It’s kind of a nuanced skill — especially when you’re dealing with lawyers,” he said. “I think she’s kind of a members’ President. She can relate really well to the majority of our members who are small firm or solo practitioners. She’s one of them. She gets her hands dirty every day.”

BRINGING IT ALL TOGETHER

In Her Own Words My spirit animal is:

My go-to karaoke song is:

When I was little I wanted to be:

My Saturdays are filled with: If I could have tea with someone, it would be: .

I have travelled to:

A San Diego native, Kristin’s community is very important to her. Whether it’s going to the San Diego Zoo or the county’s many museums with her husband and daughters, Lola (age 3), and Fiona (age 1); walking and hiking throughout the region’s parks and beaches; or taking in a community play, Kristin stressed the need for Bar members to connect — both outside and inside the Bar.

Next up:

The most interesting place I have travelled:

And as Anna Romanskaya and other friends and colleagues predicted, it won’t all be work. “We try to provide members with opportunities to convene, connect and have fun and engage with us socially,” Kristin said. “We’re fostering a community of engaged members and constantly developing and growing that community.” Added Anna, “I think you’ll see color. She’s very vibrant,” she said of Kristin. “You’ll get a genuineness from her that is special. It will rub off and that will set the tone for the year.” And that is just the tone that Kristin believes will lead to a successful — and fun — year as President of the San Diego County Bar Association.

26 SAN DIEGO LAWYER January/February 2018

Most memorable hike:

If I could teleport anywhere in an instant, I’d go to:

One thing I conquered that I thought I couldn’t:

After taking the Bar Exam, I ...

TECHNOLOGY AT THE SDCBA

Law + Technology are now more intertwined than ever before.

Tech savviness is no longer for computer nerds — it is a critical part of being a competent attorney today. We’re going to make sure that you are ready to take on technology today and into the future. In 2018, the SDCBA will be presenting regular technology programs, covering the gamut of relevant topics from e-discovery to trial tech to cybersecurity, social media and ethics and more. Our publications will all focus more on tech, and we’re introducing a whole new “Tech Tuesday” initiative (live and webstreamed) to provide practical and hands-on education on the most critical tech topics. This year, all members will also benefit from the expertise of our new full-time Member Technology Officer, a new member of the SDCBA team whose main job function is to help members understand and integrate technology into their practices. Stay tuned — we’re bringing you the best and brightest Bar programming yet this year!

January/February 2018 SAN DIEGO LAWYER 27

What Dress Is Best? Tips for professional attire By Fashion Enthusiasts Jeremy Evans and Christine Pangan

here are no continuing legal education courses on what to wear. Comedian George Gobel once told an old joke for Johnny Carson on The Tonight Show: “Did you ever get the feeling that the world was a tuxedo and you were a pair of brown shoes?” The following is a bit of our guidance on professional dress for attorneys (so you can avoid feeling like that "pair of brown shoes"). The Men's Department by Jeremy Evans We learn fashion tips through experience and the quicker you start wearing a suit or professional attire, the more likely you will be to recognize what goes and what does not. Here are some tips for men when dressing professionally:

In All Circumstances Do match your belt to the color of your shoes.

suit, but a lighter shade of gray suit should go with brown shoes, while a darker shade of gray suit should go with black shoes. Your socks should match the color of your suit pants or they should be a shade darker. Feel free to take some liberty with colorful socks, especially if it matches your pocket square. Use discretion depending on the occasion, and confidence (see more below).

Don’t wear brown shoes and a blackcolored anything.

Never wear white socks of any type (cotton or nylon) with a suit or anything other than sneakers in the gym.

Don’t wear black shoes with a tan or browncolored anything.

Don’t wear ankle socks with professional attire, ever.

Formal Wear

If your suit has a pocket, use it. Pocket squares and suit flowers are amazing accessories to a suit or sport coat. Try to find ties that match some color of the pocket square or lines of the coat. Most tailors have suit pocket openers, or you can

Black or brown shoes look great with a navy or blue suit, but some men may prefer brown shoes for style purposes. You may also wear black or brown shoes with a gray 28 SAN DIEGO LAWYER January/February 2018

very carefully use a sharp knife to cut the string. White dress shirts are preferable for court — always wear collar stays. Personal touch: Go with a French cuff-style shirt and grab some stylish cuff links. Save money. Typically you only need to take your suits to the dry cleaner once or twice a year unless you spill something on it. Look fresh, always. Remember to take your coat off when entering a vehicle or sitting down at work to avoid wrinkles

in the back. Also, create space within your pants when sitting down to avoid wrinkles in the belt, thigh and knee areas by lifting your pants up and out with your hands. You can also sit on the back of your lapel to remove bulk in the shoulders when sitting down (an old television broadcaster trick). Wear darker colored suits in the fall and winter, and lighter colored suits in the spring and summer. Mostly this has to do with keeping warm and cool in the seasons, but it also looks (and feels) funny to wear a really dark outfit in the blazing summer heat. Feel free to step out of the box. When wearing a tuxedo, go with a blue or burgundy velvet coat with sheen lapels and a handtied velvet bow tie. Also, feel free to wear sport and dinner coats of varying styles with jeans and dress shoes to places other than court and nonformal events. Remember, little things matter and people notice. At the very least, prospective clients will notice your professional dress and appearance. Other attorneys will likely notice and send you prospective clients. Personal preference: Go with flat front (not pleated) pants and no cuff versus cuffed pants. Two-button suit and sport coats are “in” right now; sometimes you see onebutton suits. Four-button and three-button suits are out of style currently. Doublebreasted suit coats are making somewhat of a comeback, but be cautious based on your size and height. Appearances, first impressions and consistency matters.

In General Never wear wrinkled clothing. If time is of the essence, purchase wrinkle-free shirts or throw the shirt or pants into the dryer for 10 minutes with a damp bathroom towel. Make sure the clothing item can actually go in the dryer — if you aren’t sure, read the clothing tag. Confidence matters. If you are wearing a well-fitted suit that you feel comfortable in, you will look good and carry confidence. With confidence you can take liberties in wearing colorful shirts, pocket squares,

your sense of personal style, by all means, go for it. But if you would like some pointers — especially knowing that no matter what, we live in a world that judges our appearance — read on.

coats, loafer shoes, etc., and create your own style. On a budget? Ryan Seacrest and Michael Kors shirts come wrinklefree and are great quality; some department stores will have these on sale for $30-40 per shirt, and check others for great sales on suits. Always get them tailored. Need a recommendation for stores or tailors? Feel free to contact me. Styles change so keep up with the times. Stores always have the newest fashions, and advertisements usually show what is in and what is out. In the end, remember that style is personal. The tips above are baseline knowledge. Some may disagree with your style, but it is yours and yours alone. Be confident. Be you.

For the Women by Christine Pangan The women’s side of professional fashion may be a bit more difficult (or easier, depending on how you look at it) as it certainly seems to have a lot more leeway, much to the chagrin of many of my male colleagues who complain of the lack of freedom from wearing a suit. In professional circles such as ours, first (and later) impressions still matter, and that all starts with how you present yourself, as Jeremy has described. A constant plethora of professional events happen in our community — parties, networking shindigs, meetings and engagements. What to wear when going to these events or rushing from one thing to the other where you might meet potential clients, employers or judges? You still want to leave a good impression, show that you are put together and professional rather than sloppy or lacking in judgement — all things that one can assume about your personality and work product. Now we certainly cannot cover everything here, and like all fashion advice, you can take it or leave it. If you are confident in

On Shoes, Socks, What Covers Your Legs and Feet Your belt can match your shoes, but this is going to be different for women, especially if you are wearing a dress or various colors. Like anything, your clothing shouldn’t be the only thing people remember about you — try not to make this too bold. Shoes should not look like you are going to a club or make you look awkward. Keep heel height to a comfortable level.

“Be confident. Be you.” Closed-toed shoes are more professional and more appropriate in most settings than open-toed shoes. Open-toed shoes are more casual. Hosiery — this is controversial, but I’m oldschool on this. It is still more professionallooking when wearing a skirt suit to wear hosiery. Especially during colder weather, it is appropriate. I read an article recently describing how Gen X women stopped wearing hosiery, but millennials are bringing it back! Socks need to cover ankles, and come to mid-calf so when you sit you don’t see the tops of the socks and skin.

Suit Tips Make sure it fits right! Get it tailored. Jeremy described ways to save money on suits. When I was in law school, Nordstrom UTC was filled with law student seasonal workers — we all worked during the sale season (some for just a day!) just to take advantage of our additional employee discount on top of the sale pricing. Plus, free in-house tailors!

January/February 2018 SAN DIEGO LAWYER 29

Blouses can be so many things from shells to button-down shirts. Just keep it covered — stay away from low-cut tops, or buttondown shirts that “gap,” exposing skin or your bra in between. And tuck in your shirt. Check out Hawes & Curtis — based in London but usually free shipping with an amazing selection of dress shirts for both men and women. Stay classy and classic. If you can afford to be trendy, go for it. But on a budget, I am happier with the timeless suits I have versus that kneegrazing long jacket suit I bought one season that was outdated in a year. If you're wearing a skirt or dress, your thighs should still be covered when you sit. Skirts are generally knee-length or longer, and no shorter than 2 inches above the knee.

“No matter what, we live in a world that judges our appearance.” Work to Evening Event No time to go home and change before that evening event? Wear something that will work for both. I’m a fan of the shift dress suit (or a dress with a blazer). Keep it looking professional with a simple yet elegant, but not too formal for daytime, dress. If you have time, change or add some subtle accessories such as a necklace or scarf to change your look for that evening party or networking event.

Networking and Party Tips Follow the attire guidelines of the invitation. If you’re going to a colleague’s house party after work, your work attire is fine. If you know it’s a more cozy, casual

affair, try to wear something that will work for both such as a sweater with slacks. Cocktail party? Wear a cocktail dress. Or that shift dress suit that doubles as your cocktail dress if you are coming directly from work — again, change or add evening accessories to match. Not sure what is appropriate? When in doubt, ask! Some final tips — just because something is in the “business” attire section of a store, does not mean it is business attire or professional. I wish I had known as a 19-year-old clerical assistant at a big law firm that my mini-skirt suit from Charlotte Russe’s ˝professional” section wasn’t actually professional attire. Finally, keep it simple and wear what makes you feel confident! Jeremy Evans (jeremy@csllegal.com) is managing attorney with California Sports Lawyer. Christine Pangan (cipangan@yahoo.com) is co-editor of San Diego Lawyer and a lead attorney at Legal Aid Society of San Diego.

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Giving Back & Getting More If volunteering or serving pro bono is one of your goals for 2018, consider serving with one of the following legal service providers in town. Here they tell us about their missions, how to get involved and how serving pro bono betters the lives of their clients and volunteers, and more.

www.casacornelia.org Mission: To provide quality legal services to victims of human and civil rights violations. Casa Cornelia has a primary commitment to indigent persons within the immigrant community in Southern California. Requirements for attorney volunteers: Our pro bono model is for volunteer attorneys to take full representation cases from start to finish as the attorney of record, under the mentorship of a Casa Cornelia staff attorney. The first step is typically to attend the training appropriate to the kind of case for which you would like to volunteer. Volunteer attorneys must maintain an active law license in at least one U.S. jurisdiction, and be in good standing. Types of cases handled: Volunteer attorneys may take asylum cases (defensive

or affirmative) as part of our Asylum Program; children’s asylum or SIJS (Special Immigrant Juvenile Status) cases as part of our Children’s Program; or U Visa, T Visa or VAWA (Violence Against Woman Act) cases as part of our Victims of Crime Program. Longest serving attorney volunteer: Teodora Purcell of Tafapolsky Smith Mehlman, LLP has devoted years of service to Casa Cornelia. She started as a law clerk while still a law student, and has taken numerous cases over the years as a volunteer attorney. Number of attorneys currently volunteering: In 2016, 363 volunteer attorneys joined Casa Cornelia. How pro bono work has bettered the lives of clients and attorneys: Pro bono work at Casa Cornelia undoubtedly has life-changing impacts on clients. Yet we also hear frequently from our volunteer attorneys about their Casa Cornelia case wins being the highlight of their careers. As Brook Roberts of Latham & Watkins LLP stated, “When someone asks me, ‘What are

some of the major things you’ve worked on? What are some of the things that are most important to you?’ Well, I’ve argued before the Supreme Court, I’ve won major cases that have changed California law, but anytime someone asks me what I’m most proud of, I think of my experience obtaining asylum for that young man from Ghana.” What victory looks like for volunteers: For our volunteer attorneys, victory looks like the look in a client’s eye when a case has been won. Casa Cornelia’s 2016 Volunteer Attorney of the Year, Jae Park of Dentons US LLP, saw victory from many different angles: “It’s a win-win for everybody. It’s a win for attorneys because they get to hone their legal skills; it’s a win for clients because they’re getting the help that they need; it’s a win for Casa Cornelia because you’re helping Casa Cornelia represent deserving clients; it’s a win for the courts because you’re representing these individuals rather than them having to represent themselves in the legal process. And you’re even helping the government January/February 2018 SAN DIEGO LAWYER 33

by identifying those who are truly deserving candidates for asylum.”

from Jackson Lewis have volunteered with the CCS legal team as well.

To get involved contact: Katherine Paculba, Esq., Pro Bono Program Director, kpaculba@casacornelia.org, or (619) 231-7788.

Number of attorneys currently volunteering: We currently have five volunteer attorneys and one post-bar intern (and we can always use more).

How pro bono work has bettered the lives of clients and attorneys:

www.ccssd.org

Mission: To end relationship and sexual violence by being a catalyst for caring communities and social justice. Together we can make a difference.

Requirements for attorney volunteers: First and foremost, enthusiasm and time! We provide any training and ongoing supervision as needed. The volunteers should be California licensed attorneys or awaiting bar results. Experience in family law or public interest law preferred. Demonstrated ability to work with those in crisis. CCS encourages all volunteers to participate in our statecertified Domestic Violence and Sexual Assault Crisis Intervention Training offered on a quarterly basis.

Types of cases handled: CCS volunteer attorneys primarily provide assistance to self-represented litigants with domestic violence restraining orders and related family law matters (divorce, child custody/ support, paternity, etc.) in a walk-in clinic environment. Their responsibilities include screening and counseling clients; assisting with preparing all aspects of restraining order paperwork and consultations on related family law matters; providing hearing preparation consultations to clients regarding restraining orders and related family law matters; and providing safety planning, crisis intervention and referrals for other vital services, as needed.

Longest serving attorney volunteer: David G. Hoiles Jr., Office Managing Principal of the San Diego branch of Jackson Lewis P.C., has been working with us since we launched the Domestic Violence Restraining Order Clinic at the downtown Family Justice Center in 2015. He is passionate about pro bono work and the impact it has on domestic violence survivors’ lives. After being encouraged by David to volunteer, several of the associates 34 SAN DIEGO LAWYER January/February 2018

Many CCS volunteers are new to the legal community — usually looking for their first jobs or transitioning into family law or public interest law from another legal field. Our volunteers get a high level of support in developing their legal skills and confidence. With the comprehensive training they receive in domestic violence dynamics and trauma-informed services, they are able to bring those skills to their own practices when working with survivors. Volunteers with CCS seeking employment have gone on to be hired by public service agencies including the U.S. Attorney’s Office and Office of the Public Defender, as well as hired by CCS’ legal team.

What victory looks like for volunteers: Our volunteers tend to see immediate results working with clients when preparing and filing their domestic violence restraining orders (seeking protection for themselves, their children and other family members). The most satisfying victories come in seeing clients take their first steps toward breaking the cycle of violence and realizing their own ability to protect their families.

To get involved, contact: Alix Gonzales Buchanan, Staff Attorney/Pro Bono Coordinator, at agonzales@ccssd.org. Legal Aid Society of San Diego

www.lassd.org Mission: To provide equal access to justice for poor people through aggressive, quality legal services. As legal advocates, we will redress our clients’ legal problems using our resources in a way that safeguards the legal rights of our clients and respects their human dignity. Requirements for attorney volunteers: The most important requirement for doing pro bono work with LASSD is the desire to help low-income San Diego County residents resolve their legal problems. From

volunteering a few hours a week at a legal clinic at the courthouse, to representing a client in one of our practice areas, LASSD provides training, mentorship and technical assistance to all volunteers. Types of cases handled: LASSD has volunteer opportunities available in all of our substantive practice areas, including consumer law, government benefits, immigration, family law, housing, tax, health law and probate/ conservatorship matters.

“I’ve argued before the Supreme Court, I’ve won major cases that have changed California law, but anytime someone asks me what I’m most proud of, I think of my experience obtaining asylum for that young man from Ghana.” Longest serving attorney volunteer: Thomas Miles was one of our first volunteers to sign up for the Pro Bono Program. For the last 18 years, Tom has been accepting referrals for lowincome clients who need assistance with bankruptcy and estate planning. LASSD is so proud to have volunteers like Tom, with a strong commitment to pro bono work, who share their skills and expertise with our clients year after year. Number of attorneys currently volunteering: Last year, 134 licensed attorneys actively participated, donating more than 5,000 hours to the program. How pro bono work has bettered the lives of clients and attorneys: LASSD’s InHome Supportive Services Pro Bono Project is a great example of volunteers filling a legal services gap and helping a vulnerable client population, while also providing an

opportunity for attorneys to build skills and gain experience. In-Home Supportive Services is a program that provides lowincome disabled and elderly individuals with care services they require to remain in their homes safely, instead of being forced to move into a care facility. This innovative program trains and mentors volunteer attorneys to help clients challenge IHSS denials and to litigate the number of hours the client requires to remain safely in their homes. Volunteers are learning a new area of law, that many are unfamiliar with, and increasing their advocacy, negotiation and litigation skills in an administrative law setting. What victory looks like for volunteers: Victories can come in all shapes and sizes for our volunteers. From obtaining relief for a client who has been the victim of fraudulent business practices, to helping a client naturalize and become a U.S. citizen, volunteer attorneys can empower and give hope to members of our community who are often marginalized and forgotten. To get involved, contact: Visit www.lassd.org, or contact Sara Raffer Lee, Pro Bono Program Manager, at (877) 5342524, ext. 2717 or sarar@lassd.org.

www.sdvlp.org Mission: To provide equal access to the justice system by serving as a bridge between indigent and other disadvantaged people in San Diego County and the volunteer lawyers and others who are willing to donate their time and resources. Requirements for attorney volunteers: Only an interest in and commitment to helping the San Diego community. Types of cases handled: SDVLP has a broad range of volunteer opportunities involving many types of law including family, disability, housing, guardianship, immigration, education, foster youth, and more. Longest serving attorney volunteer: Attorney Gary Holt who has been a tireless volunteer for over 25 years. Attorney Michael O’Halloran is a close second to Gary.

Number of attorneys currently volunteering: 500 current volunteers. SDVLP’s database has over 3,500 volunteers in all. How pro bono work has bettered the lives of clients and attorneys: SDVLP volunteer attorney Begum Benchimol (of Benchimol Law in Del Mar Heights) recently assisted a 19-year-old SDVLP client, Rahab, from Nigeria in obtaining Special Immigrant Juvenile Status. Begum also assisted a second SDVLP client, Salamatu, in being granted Guardianship of Rahab. Born in Nigeria and orphaned at the age of six, Rahab was taken in by her uncle's family, only to be held as a domestic slave and subjected to abuse. After being raped by her uncle, she gave birth to his child, and was forced to flee Nigeria in fear for her life, as her uncle's wife had threatened to poison her. Rahab escaped with her son to Mexico City, and traveled north to Tijuana, where she met Salamatu. Together, they came to the U.S. as refugees, and local religious organizations secured housing for them. Rahab now has a loving and supportive home for herself and her son, and is no longer frightened that she will be forced to return to Nigeria. Begum would likely tell you what many other SDVLP volunteers say about how their lives were bettered and changed by helping others: the cases one works on as an SDVLP volunteer are often unlike any encountered during the course of your career. Through SDVLP, you are able to help someone with life-changing support and counsel, and there is no better accomplishment than knowing that you have truly made a difference. What victory looks like for volunteers: Our volunteers’ victories are found in bettering the lives of the people we serve and giving support to those who otherwise would not have access to legal services. To get involved, contact: Jennifer Nelson, Pro Bono Manager and Supervising Attorney, at jnelson@sdvlp.org or (619) 235-5656 ext. 107. This article does not include all of the wonderful legal service providers in San Diego. Look for other organizations in future issues and visit www.sdcba.org/legalserviceproviders for more.

Ethics Rule Makes Pro Bono Work Easier By Edward McIntyre You’d like to do some pro bono work. Perhaps participate on a legal-advice hotline; staff an advice-only clinic; help someone fill out forms to get services from a government agency. You know there’s a need. But how do you run systematic conflicts-of-interest checks as you sit at a clinic table and your new “client” plops down in front of you? Your office is miles away. Taking a name and asking the “client” to come back another day is a non-starter. In 2009, the California Supreme Court recognized the problem, and added rule 1-650 to the Rules of Professional Conduct. If you participate in a program through which lawyers provide short-term, limited legal services to individuals, with no expectation the lawyer will provide ongoing representation, the lawyer is subject to rule 3-310’s conflict of interest mandates (1) only if the lawyer herself or himself knows that the representation of the client involves a conflict of interest; and (2) a conflict is imputed to the lawyer’s firm only if the lawyer knows that another lawyer in the firm would have a conflict under rule 3-310 related to the matter. Absent actual knowledge of a conflict, you’re good to go. Obviously, all other Rules of Professional Conduct and provisions of the State Bar Act apply even to the limited representation. And if, after starting a short-term limited representation, the lawyer then undertakes to represent the client on an on-going basis, rule 3-310 applies in full force. But concern about imputed conflicts barring a firm from taking on “good” work doesn’t inhibit the desire to perform pro bono services. Edward McIntyre (edwardmcintyre1789@gmail. com) is an attorney at law and co-editor of San Diego Lawyer.

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Technology Social Entrepeneurship: How one firm uses 501(c)(3) status to serve the underserved middle class. By Mike Finstad

n 2014, the American Bar Association (ABA) formed a Commission to study the future of legal services in the United States, and a report released in 2016 (the “2016 Report”) cited the legal profession’s resistance to change as an impediment to providing greater access to basic civil legal services for millions of low- and middle-income Americans.1 These individuals and families are increasingly finding themselves priced out of the market for legal services, unable to afford the hourly rates charged by private law firms and attorneys. Even those who can afford a lawyer choose not to, either because they do not recognize their need for legal expertise or because they opt for less expensive alternatives.2 This has

Am. Bar Ass'n Comm'n on the Future of Legal Services, Report on the Future of Legal Services in the United States 16-17 (2016). 2 Am. Bar Ass'n Comm'n on the Future of Legal Services, Issues 1

led to a growing number of cases where one or both parties go unrepresented in matters that involve eviction, foreclosure, restraining orders, marital dissolution, child custody disputes, child support, debt collection and bankruptcy. Despite the overwhelming need for affordable legal services, however, many new lawyers remain un- or underemployed. According to data from the U.S. Bureau of Labor Statistics, unemployment for new lawyers is significantly higher than the national average across other labor categories, leaving too many new lawyers unable to gain the practical experience they need to enter practice effectively.3 Solving these problems requires the profession to address the inefficiencies Paper Concerning New Categories of Legal Services Providers 2 (2015). 3 Databases, Tables & Calculators by Subject, Bureau of Labor

of the traditional law practice business model, and develop new methods that provide greater access to legal services. For many low-income individuals and families with civil legal needs, the only option is obtaining representation through a legal aid organization. Many of these organizations are publicly funded by the Legal Services Corporation (LSC). To qualify, an applicant’s income must fall below 125 percent of the federal poverty guideline. In 2016, more than 63 million Americans were eligible to receive legal aid, but because of funding made available to the LSC by Congress, only a small fraction received assistance. In some jurisdictions, more than 80 percent of litigants in poverty went unrepresented.4

Statistics (May 10, 2016), available at http://data.bls.gov/ timeseries/LNS14000000. 4 See 2016 Report at 12, supra note 1. January/February 2018 SAN DIEGO LAWYER 37

Pro bono legal services are also available to those with low incomes, and the legal profession has remained steadfast in its commitment to providing pro bono services. Pro bono service alone, however, cannot fulfill the vast unmet needs of lowincome Americans, that is, unless every lawyer in the United States is willing to increase their pro bono hours by more than 900 hours per year.5 Middle-income Americans face a different challenge. Because their incomes are too high to qualify for free legal assistance, their only option is hiring a private attorney, and many cannot afford the hourly rates charged by private law firms and lawyers. Thus, a growing number of people are caught, well, in the middle: Their incomes are too high to qualify for legal aid or pro bono services, and too low to hire a marketrate attorney.

“We wanted to provide affordable representation to those who can’t afford to pay market rates. Our clients can’t afford to pay $300 an hour for an attorney. Even I can’t afford to pay an attorney $300 an hour, and most of my attorney friends wouldn’t either.”

The affordability of legal services is also problematic for courts as well. Those who cannot afford a lawyer are choosing to litigate matters on their own behalf, perhaps solely relying on knowledge acquired through internet searches in lieu of law school, and this has been especially problematic for state courts. Large numbers of pro se litigants unnecessarily clog court calendars, consume court time and personnel, increase the number of cases that advance to litigation, and achieve legal results decided on technical errors rather than the merits.6

The Legal Profession’s Resistance to Change The unmet need for legal services is what economists refer to as a “latent” legal market, as there is a potential market for legal services that is largely untapped, which has resulted from inefficiencies of the traditional law practice business model. “The billable hour model … arguably provides less of an incentive to develop more efficient delivery methods … and does not easily allow for innovations in scalability, branding, marketing and technology that are found in most industries.”7 One study conducted by the Georgetown Law Center pointed out that law firm clients increasingly demand more efficiency in the legal services they purchase. Yet the response from firms has been slow 5 6

38 SAN DIEGO LAWYER January/February 2018

Id. at 13. Id. at 15.

and reactionary, rather than adopting a proactive approach to technology and process improvements. In the face of this deeply-rooted institutional inertia, which has no doubt served an essential function in the rule of law, a new model for delivering legal services is starting to quietly disrupt one of the world’s oldest professions. Based on the charitable principles of Internal Revenue Code §501(c)(3), nonprofit law firms are meeting the demand for affordable legal services, especially for middle-income Americans. Using technology and social entrepreneurship, a group of new lawyers in Utah are lighting a path forward for the legal profession and, in the process, revitalizing the American ideal of justice for all.

A New Model for Nonprofit Law Firms Open Legal Services (OLS) is a small law firm with one office located in the basement of an old building in downtown Salt Lake City. The firm’s main practice areas include family and criminal law, but they also have a small estate planning practice. Founded in 2013, OLS has experienced steady growth. Their success is somewhat remarkable, considering that many competitors have experienced a downturn in recent years. Founding attorneys Shantelle Argyle and Daniel Spencer attribute OLS’ success to their status as a charitable law firm. Argyle and Spencer recognized the underserved legal needs of the middleclass, and submitted an application to be recognized as a §501(c)(3) shortly after opening their practice. Their application advanced a three part mission to provide: 1) greater access to affordable legal services for low- and moderate-income people, 2) employment and mentorship to new attorneys, and 3) educational resources to the public. “We wanted to provide affordable representation to those who can’t afford to pay market rates,” says Argyle. “Our clients can’t afford to pay $300 an hour for an attorney. Even I can’t afford to pay an attorney $300 an hour, and most of my attorney friends wouldn’t either.” OLS’ application for tax exempt status was granted in 2014. In many ways, 7

Id. at 16.

OLS operates like any other law firm — providing legal services in exchange for a fee. Charging fees for charitable services is increasingly common in the nonprofit world. Organizations have historically depended on external sources to finance their activities, such as grants from government agencies and foundations. But these funds often require heavy upfront investment in research and grantwriting. Even if funds are awarded, significant resources are spent on complying with restrictive grant terms. Charging for services provides organizations with a sustainable source of unrestricted funds, helping to pay for operational expenses that may not covered by restricted funds. All of OLS’ clients are either indigent or otherwise unable afford legal services, and legal fees are determined by a client’s ability to pay.8 OLS charges fees according to a sliding scale determined by a client’s income and family size. Sliding scale fees are a type of “low-bono”, which broadly refers to the idea of providing legal services at discounted rates. But unlike for-profit firms that offer alternatives to achieve reduced fees, such as flat fee agreements and the unbundling of legal services, OLS is required to ensure the affordability of their fees. Sliding scale fees are less profitable and carry risk that for-profit firms may not be willing to tolerate. Nonprofit law firms, however, can sustain lower profit margins because of benefits associated with their tax exempt status. For example, nonprofits do not pay corporate income tax, and can accept tax deductible donations. Thus, tax exempt status affords OLS a built-in flexibility to offset lower profit margins or losses that for profit firms cannot tolerate.

The Business Realities of Charity Despite their nonprofit status, OLS faces the same financial realities that exist in other businesses. “A lot of people think that because we’re a §501(c)(3), we don’t need to make a profit. That’s not the case,” said Spencer. “Earning more than we spend is how we are able to continue serving our mission.” Because their fees are typically lower than most, OLS has been able to capture a share of the underserved population with legal service needs. It also forces them 8 9

Rev. Rul. 78-428, 1978-2 C.B. 177. See 2016 Report at 8, supra note 1.

to keep costs low. For example, attorney compensation is significantly lower than other law jobs, although OLS attorneys are eligible for Public Service Loan Forgiveness, which can be a valuable incentive to new lawyers with six-figure student loan debt. OLS also makes use of volunteers and receives second hand supplies like computers and office furniture. They also give clients the opportunity to do work for themselves, which saves the client money and allows OLS to help more clients. “We don’t offer lower rates to undercut other firms, or because we’re anti-compete; we think competition makes for better lawyers. It’s just that we’ve been able to provide legal services at a lower cost, and we pass our savings onto clients.”

“Earning more than we spend is how we are able to continue serving our mission.” In other words, OLS chooses not to maximize profits, which may seem like an odd business decision. But unlike for-profit businesses that answer to shareholders, §501(c)(3) corporations do not have a fiduciary duty to maximize profits. Instead, the fiduciary duty of a nonprofit board is to the organization’s mission, which means business decisions are driven by a charitable purpose.

Technology and Social Entrepreneurship Although Argyle and Spencer have remained competitive by staying lean, their ability to cut costs has also been driven by hidden talent. “We spent a lot of time early on learning how to build our own software,” said Argyle, who spent eight years in the tech industry before attending law school. “The tools we developed allowed us to cut out recurring expenses on software.” Spencer, who describes his familiarity of relational databases as a “hobby,” spent months developing a database that OLS uses to track billable hours, client contact information and produce automated

reports. “It’s also customized to our practice, unlike most of the practice management software we tried,” said Spencer. Not to be outdone, Argyle developed an export utility that integrates Spencer’s database with Quickbooks, which syncs the firm’s accounting records with their practice management tool. Argyle and Spencer make their database available to the public free of charge. According to Spencer, “This stuff really isn’t too hard; anyone can do it, but it takes time and dedication to learn.” OLS is currently preparing their infrastructure for migration to the cloud using Salesforce, which offers many services to §501(c)(3) charities for free. Developing software is not typical of nonprofit startups, much less nonprofit law firms. But Argyle and Spencer saw the value in developing innovative solutions that serve clients efficiently. Argyle says embracing technology has helped OLS in other ways. “We use technology to be efficient, but it also helps us comply with the IRS’ rigorous reporting requirements for nonprofits.”

The Future of the Legal Profession “Without significant change, the profession cannot ensure that the justice system serves everyone and that the rule of law is preserved. Innovation, and even unconventional thinking, is required.”9 Too many Americans who need legal help are unable to afford an attorney. The problem doesn’t just affect the underserved, but also the justice system itself, and solving it requires a willingness to transform. For those who need help, providing affordable legal services could inspire renewed confidence in the integrity and fairness of the legal system. Perhaps more importantly, however, it could revitalize our profession’s commitment to providing justice for all. A nonprofit model for private legal services could be the innovative solution our profession needs to answer the call. Mike Finstad (mike.finstad@finstadlawpc.com) is a solo practitioner and 2018 Chair of the SDCBA's New Lawyer Forum.

January/February 2018 SAN DIEGO LAWYER 39

WELLNESS (CONOR HULBURT)

SURF LESSONS How surfing helps me stay afloat

Above: Members of Wetsuits, the SDCBA's official surfing group, at their inaugural paddle out. Learn more about Wetsuits at www.sdcba.org/wetsuits.

By Conor Hulburt

ou're sitting upright, floating on a carefully shaped piece of foam and fiberglass, staring west across the Pacific Ocean through the early morning mist, waiting.

Last night the buoys read 12-14 feet at 16 seconds, signaling the arrival of a burly northwest swell. So this morning you arrived at the beach before sunrise. As you stepped into the cold water, you could feel the strength of the current pushing and tugging. Timing the sets, you paddled out beyond the break with the help of the riptide. After a while, the horizon begins to shift and build, gradually at first, then faster. Like a sea monster breaching the surface, a massive mound of water rises up from the depths. You paddle toward the rising mound with quick pumps of your arms. In position, you abruptly turn around and begin paddling 40 SAN DIEGO LAWYER January/February 2018

toward the shore. Looking over your shoulder, you see the growing monster closing in on you. Your hands and forearms dig and pull through the liquid surface. You feel the monster catch you and move underneath you as it lifts you upwards. Fear pumps adrenaline into your bloodstream. Your heart races and the hair on your neck bristles. The monster transforms into a steepening ramp, lifting you higher and higher, until you reach the teetering crest, looking down through the spray at the sunken trough more than 14 feet below. And in that moment, you have a choice: (A) thrust your full weight forward and down the face of the wave as you attempt to stand up or (B) thrust your full weight backward and retreat through the rear of the wave to safety. Choose option A and you risk wiping out and being pummeled to the bottom of the ocean until you've lost any sense of direction and every fiber in your body

burns for oxygen. Or you could be launched into timeless bliss, flying along a moving, liquid wall of water with every cell in your body breaking into an electric, childlike grin. Choose option B and you risk nothing. You remain floating where you were. So what do you choose? Forward or backward? Fear or floating? Despite being a native San Diegan, I wasn't always a surfer. In high school and college, I played basketball. But when I started law school, I bought my first surfboard (with the help of student loans). At first, it was a struggle. To be honest, it was six months before I stood up on a decent wave. Back then, I wouldn't even check the surf report. I didn't care. I'd paddle out in a still lake, and I'd paddle out in the biggest winter swell. One time, my surf buddy and I paddled out at Pacific Beach into double overhead closeouts. We were the only idiots out

Surfing taught me that what often stands between us and moving forward is fear. Fear of wiping out or getting hurt. Fear of failure, embarrassment or not being good enough. that day. Any surfer with half a brain knew that those waves were unsurfable and dangerous. To this day, I don't know how we made it out. What I do remember is taking 30 minutes beyond the break to regain our strength and muster the courage to paddle back in through the impact zone. I also remember the day I became a genuine surfer. There was a huge northwest winter swell slamming into the coastline and closing out all the beaches. Cardiff Reef could hold the swell and steep barreling rights were peeling off the river mouth. Two years of surfing had prepared me for the monster that rose up before me, and I'll never forget the feeling of dropping in down the face, standing up and running my fingers along the wall of water that stood beside me as I rocketed down the line. When I graduated from law school, I assumed my most valuable career lessons would come from the courtroom or office. Instead, many have come from surfing. Surfing taught me that what often stands between us and moving forward is fear. Fear of wiping out or getting hurt. Fear of failure, embarrassment or not being good enough. Looking back, fear has deterred me from so many opportunities. There are so many times that I let a wave pass by because I was afraid of exposing my weaknesses. But through countless wipeouts I’ve begun to see fear differently — not as a harbinger of danger, but as a forerunner to progress. Fear has met me at the gates of so many incredible waves, and so many entryways to growth: law school, job interviews, big

depositions, trials, proposing to my wife, becoming a parent, and on and on. Fear, I've come to believe, is a neon blinking sign pointing us in the right direction. "Always do what you are afraid to do," wrote Ralph Waldo Emerson. Heroism "is the contempt for safety and ease. It is a self-trust which slights the restraints of prudence. He who is not every day conquering some fear has not learned the secret of life." There is camaraderie between those who commit to facing a common fear. Surfers who paddle out on a big day look out for one another, and when one of them paddles for a monster, the others hoot, whistle and shout "go, go, go" to steel the intrepid's resolve. Their encouragement comes from knowing the difficulty of the task and the bravery required to meet it. There is a camaraderie between lawyers too, stemming from our shared knowledge of the challenges of the profession. One of the things I love about the law is how often it forces us to confront our fears. The longer I practice, the more inspired I am by the lawyers who have shaped our bar, and the more I want to hoot, whistle and shout

"go, go, go" when I see others leading the charge. As lawyers, we've all done the hard work of paddling out. We've made it beyond the break, beyond law school, the bar and the daily grind of the legal practice. And now we're out here together, watching the horizon. The next time the horizon shifts and the monster breaches the surface, remember to see it for what it is: an opportunity to move forward. Each wave is a gift. It was born in a distant storm and traveled hundreds of miles across the sea. Whatever you do, don't let it pass by because of fear. In life, as in surfing, the electric bliss is almost always on the other side of fear. The more comfortable we get with wiping out, the more likely we are to land on our feet. The forecast until we die is constant waves, big and small. So find what makes you afraid and thrust your full weight forward. You might just land the ride of your life. Conor Hulburt (conor@mcclellanlaw.com) is an attorney with The McClellan Law Firm and cocommissioner of Wetsuits, the SDCBA's official surfing group.

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San Diego County Bar Foundation Bar Foundation Awards Nearly $400,000 in Grants to 22 Local Nonprofits

he San Diego County Bar Foundation (SDCBF) — the charitable arm of the local legal community, in partnership with the San Diego County Bar Association — awarded a total of $395,000 in grants to nonprofit organizations across San Diego County in 2017. The funds provide legal aid to San Diego County residents impacted by poverty, abuse and discrimination. “For almost 40 years, our grants have benefitted tens of thousands of children, elderly adults, domestic violence victims, immigrants and veterans in San Diego,” said SDCBF President Neal Rockwood. “We are grateful to all our corporate and individual donors, as well as the San Diego County Bar Association, who make it possible for us to provide these grants every year.” In the 2017 General Grant Cycle, a total of $105,000 was awarded to 14 San Diego nonprofits that promote public understanding of the law through public service programs, improve the San Diego court system and expand the availability of legal services to county residents. Organizations receiving grants include: Casa Cornelia Law Center for operating funds to provide sustained and responsive legal services to the indigent immigrant community, and Voices for Children to support a court-appointed special advocate (CASA) volunteer to monitor cases of 25 children and ensure that intervention and advocacy begins early in foster care. Additional organizations who received grants are the American Bar Association, California Rural Legal Assistance, California Veterans Legal Task Force, California Western Community Law Project, Center for Community Solutions, Community Resource Center, Elder Law & Advocacy, Jewish Family Service of San Diego, Legal Aid Society of San Diego and San Diego Volunteer Lawyer Program. SDCBF also granted a total of $290,000 through its 2017 Indigent Criminal Defense (ICD) Fund to seven San Diego nonprofits

including: California Veterans Legal Task Force, California Western School of Law, Free to Thrive, National Conflict Resolution Center, Reading Legacies, St. Vincent de Paul Village and Think Dignity. These programs were selected to receive the ICD grants because they deliver effective and efficient representation to accused persons who cannot afford to hire an attorney and/or provide indigent criminal defense programs, projects and activities that directly benefit defendants. They focus on serving the homeless, juveniles, veterans and wrongfully convicted criminal defendants located primarily in North County, Central/ Downtown San Diego and East County. SDCBF’s Grant Review Committee consists of leading local attorneys and businesspeople who work together to decide which organizations will receive grants, based on eligibility and need. The committee reviews grant applications, conducts site visits with prospective applicants and discusses funding based on SDCBF’s mission and grantmaking guidelines. The foundation’s general grant funds come from the local legal and business communities, donations and fundraising events throughout the year, including SDCBF’s signature “Evening in La Jolla” benefit. The ICD funds are available due to the outstandingly efficient management of the Private Conflicts Counsel program run by the SDCBA.

Community Resource Center’s Legal Advocacy Program

California Veterans Legal Task Force

Since beginning its general grant program in 1979, SDCBF’s beneficiaries have included more than 50 legal aid and public interest organizations; it has granted more than $2 million in funding. The next grant cycle will begin in June 2018. For more information about the San Diego County Bar Foundation, or to make a donation, visit www.sdcbf.org.

Elder Law & Advocacy

January/February 2018 SAN DIEGO LAWYER 43

100

LUB

EN PERC T C 2018

THANK YOU:

100 PERCENT CLUB 2018 The San Diego County Bar thrives only because of the support and talents of each and every one of our members. Thank you to our “100% Club” firms, whose attorneys are all members of the SDCBA in 2018. Your leadership and dedication to our profession is truly appreciated.

Allen, Semelsberger & Kaelin, LLP Andrews Lagasse Branch & Bell LLP Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo, APLC Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes ALC Beamer, Lauth, Steinley & Bond, LLP Bender & Gritz, APLC Bernstein Litowitz Berger & Grossman LLP Best Best & Krieger, LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butterfield Schechter LLP Carothers DiSante & Freudenberger LLP Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Caufield & James LLP Christensen & Spath LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer D’Egidio Licari & Townsend, APC Davis, Grass, Goldstein & Finlay Dentons US LLP Devaney Pate Morris & Cameron, LLP Dietz, Gilmor & Chazen, APC District Attorney’s Office Duckor Spradling Metzger & Wynne ALC Dunn DeSantis Walt & Kendrick, LLP English & Gloven APC Epsten Grinnell & Howell, APC Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP Fischer & Van Theil, LLP Fleischer & Ravreby Fleming PC *

10+ years as 100 Percent Club

Fragomen, Del Rey, Bernsen & Loewy, LLP Frantz Law Group APLC Fredrickson, Mazeika & Grant, LLP Garmo & Garmo LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP Graham Hollis APC Green Bryant & French, LLP Greene & Roberts LLP Gresham Savage Nolan & Tilden PC Grimm, Vranjes & Greer, LLP Haeggquist & Eck, LLP Hahn Loeser & Parks, LLP Henderson, Caverly & Pum LLP Higgs Fletcher & Mack LLP Hoffman & Forde Hooper, Lundy & Bookman, PC Horton Oberrecht Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins, Glatt & Rich LLP Kirby & McGuinn APC Klinedinst PC Koeller, Nebeker, Carlson & Haluck, LLP Konoske Akiyama | Brust LLP Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP Littler Mendelson PC McCloskey, Waring & Waisman LLP Men’s Legal Center Miller, Monson, Peshel, Polacek & Hoshaw Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis Law Neil, Dymott, Frank, McFall & Trexler APLC Nicholas & Tomasevic LLP Noonan Lance Boyer & Banach LLP Office of the Public Defender - County of San Diego

Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP Peterson & Price, APC Pettit Kohn Ingrassia Lutz & Dolin PC Pope, Berger, Williams & Reynolds, LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC RJS Law Rowe | Mullen LLP San Diego Unified Port District Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Cauley & Moot LLP Selman Breitman, LLP Seltzer|Caplan|McMahon|Vitek, ALC Sheppard, Mullin, Richter & Hampton LLP Shoecraft Burton, LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Stettler, APC Simpson Delmore Greene LLP Smith, Steiner, Vanderpool & Wax, APC Solomon, Grindle, Lidstad & Wintringer, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stoel Rives LLP Stokes Wagner ALC Sullivan Hill Lewin Rez & Engel Summers & Shives, APC Thorsnes Bartolotta McGuire, LLP Walsh McKean Furcolo LLP Ward & Hagen LLP Wilson Elser Moskowitz Edelman & Dicker LLP Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes ALC Wingert Grebing Brubaker & Juskie LLP Wirtz Law APC Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo

Legal Aid Society of San Diego

5 Ways to Get Involved with the Legal Aid Society of San Diego 1. Help with a client’s case through pro bono referrals. LASSD screens all pro bono clients for eligibility and determines whether a case is appropriate for pro bono representation. LASSD provides malpractice insurance. Most pro bono cases qualify for a filing fee waiver. If you want to take a case and need support, LASSD provides training, manuals and samples, as well as ongoing mentorship throughout the pro bono referral process. Case types include family law; restraining order representation; housing and eviction defense; legal assistance to nonprofits and more. 2. Work on a case at one of our LASSD offices. Volunteer to take a case or work in our offices with highly experienced LASSD attorneys in one or more of our practice areas, including

family law, eviction defense/housing, housing discrimination, SSI, tax, conservatorship/ probate/basic estate planning, consumer protection and immigration. 3. Volunteer at one of our clinics and workshops. Our staff and volunteers assist selfrepresented litigants with the forms, information, education and support needed to represent themselves through the following: • • • • •

Restraining Order Clinics Unlawful Detainer Clinics Conservatorship Clinics Civil Appellate Self-Help Workshop Bankruptcy Clinic

Rehabilitation Facility (adjacent to Juvenile Hall). 5. Provide an MCLE training or a training for the community. Volunteer with the program by providing a training to the general public on an area of law, or provide a training to staff and volunteer attorneys on an area of law relevant to our practice areas. If you have other volunteer ideas, please share them with us by submitting a Pro Bono Attorney Volunteer Registration Form. We are always looking for new and innovative ways to provide volunteer experiences.

4. Offer mediation training and more.

Remember, you have something unique to offer those seeking equal access to justice on behalf of the thousands in need of legal services.

Train elementary students mediation skills to help solve problems such as bullying and violence on the playground, or mediate disputes between detainees at the Girls

If you are interested in getting involved with LASSD, find more information and submit a pro bono attorney volunteer registration form at www.lassd.org.

Continued from page 11 unauthorized disclosure of confidential information. To do that, the lawyer must first understand the reasonable measures that are available. The attorney must understand her firm’s technology and how transmissions take place, and she must understand the options that are available to make those transmissions and technology secure from (or less vulnerable to) hacking. 4. Pick the Reasonable Approach for the Matter: Determine How Electronic Communications About Client Matters Should Be Protected. The attorney must consider the sensitivity of the matter to determine what types of security measures are appropriate. Routine matters may be suitable for normal email communications, but there may be matters where it is not enough. For highly sensitive matters, the attorney may need to consider a protocol to restrict communication to devices that have been encrypted or that have other appropriate security technology implemented, or consider not transmitting certain data electronically at all. 5. Label Client Confidential Information. Label your client communications “PRIVILEGED AND CONFIDENTIAL,” in case of inadvertent disclosures or the dreaded “reply all” slip-up.

6. Train Lawyers and Non-lawyer Assistants in Technology and Information Security. If people are not trained to implement the solutions you’ve chosen, those solutions will not be effectively implemented. Set aside time for training on the technology, and make sure staff knows your expectations on implementing it. Establish policies and procedures so everyone is on the same page. 7. Monitor Your Vendors: Conduct Due Diligence on Vendors Providing Communication Technology. Lawyers outsource non-legal work. All businesses do. But attorneys remain under a fiduciary obligation to maintain a client’s confidences. That means lawyers must make sure (inter alia) technology vendors are competent, and that confidentiality agreements are in place if the vendor will have access to confidential data. Going with the cheapest option may end up being penny wise but pound foolish, if doing so endangers the confidentiality of the client’s data. An established, respected vendor may be the better option, even if it is more expensive. And even if the client selects the vendor, the lawyer must “remain aware

of how the non-lawyer services are being performed.” Conclusion In the fact pattern above, you are right to wonder if firm security is enough for this engagement. It may have been in the past, but in light of the sensitivity of the matter and the cyberattacks aimed at the client, heightened security measures are likely called for. That means an attorney who is less tech-savvy must sit down with a competent IT professional and get a handle on the available options. You must meet with the client to educate her on cyber-security, and get the client’s input and, ultimately, buy-in on a specific approach. A client who wants to lower costs by opting for a lower level of security should be able to choose to do so, as long as he or she has been informed of the risks. In short, you must do what attorneys do — advise the client about risks, present potential options, and then let the client decide. Leah Strickland (lstrickland@swsslaw.com) is an attorney with Solomon Ward Seidenwurm & Smith, LLP. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA or its Legal Ethics Committee. January/February 2018 SAN DIEGO LAWYER 45

SAVE THE DATE

2018 DISTINGUISHED LAWYER MEMORIAL RECEPTION Join us as we give permanent recogni�on to deceased lawyers and judges of the San Diego County Bar who have demonstrated superior legal skills, and commitment to the community throughout life long careers. Each inductee is recognized with a permanent plaque inside San Diego County Courthouse’s Hall of Jus�ce.

Wednesday, May 23, 2018 5:30 - 7:30 p.m. Loca�on:

University Club atop Symphony Towers 750 B. Street #3400 San Diego, CA 92101

Cost:

No Cost to A�end - Dona�ons are encouraged (space is limited)

To donate to the Dis�nguished Lawyer Memorial, or on behalf of any of the past inductees, please visit: www.sdcbf.org/donatedlm

619-213-7015

info@sdcbf.org

sdcbf.org

A Word with Hon. William Dato By Victoria Fuller

ho might be on your panel the next time your case makes its way to the California Court of Appeal? Justice William Dato — the first judge appointed to San Diego’s appellate bench in more than 13 years. I asked Justice Dato to participate in an interview so that San Diego practitioners might learn more about him. Ever humble, he asked several times whether anyone would possibly be interested in such an article. Skeptically accepting my assurances, he graciously agreed. Here are some highlights: Q: What would you describe as your legacy as a judge of the Superior Court?

we do as judges that enables us to work individually with a person and make a positive impact. Usually a judge makes a ruling and never knows how it impacts the individuals involved. Often even the winners are unhappy when they leave the courtroom, especially in family court. In drug court, the judge has a critical role in caring about individual participants and treating them as real people. Most participants have never heard a judge say they are worth the effort that is required for change. The program’s documented success results, in part, from the role of the judge in encouraging participants to stay in treatment long enough to realize themselves they want to make a change. Q: What advice do you have for those aspiring to become a judge?

A: I was an appellate lawyer for most of my career. When I was appointed to the Superior Court bench, I believed my role initially was to learn, take advice and do my best. At one time or another, I was assigned to almost every division: criminal, family court, the appellate division, civil, and drug court.

A: I hope we are breaking down the notion that there is only one way to get to the bench: a career as a prosecutor or a partner at a big firm. I was a court research attorney for a long time, which is unusual. But good judges come from a wide variety of backgrounds, and a diversity of perspectives is essential to public perceptions of judicial fairness.

The most rewarding assignment from my perspective was drug court. There is little

Q: Do you have a vision about your legacy at the Court of Appeal?

Distinctions

The following Individuals in our community were recently honored for a variety of achievements: Heather Rosing, CFO and shareholder with Klinedinst PC, was elected as the first president of the California Lawyers Association.

Daniel Belsky and James Simmons Jr. were appointed to the San Diego Superior Court bench.

A: I don’t really think about my role that way. I will say that I will be prepared and willing to listen. I view oral argument as extremely valuable because it is the one opportunity for judges and lawyers to talk with one another. They can test whether they understand the issues differently and settle the groundwork that will form the basis of the opinion. Argument is also an opportunity to identify areas where we need to go back and look at the record or key cases, and to test our tentative conclusions. I really enjoy it. I hope lawyers who argue also appreciate the opportunity for dialogue and its importance for the development of the law. Although argument does not often alter the bottom-line outcome of an appeal, it not infrequently results in significant changes in the reasoning of an opinion. I also believe it is my obligation as a judge to interact informally with lawyers through bar organizations and professional activities. Those interactions are essential to the proper administration of justice because they help lawyers better understand the process and help judges better understand the realities of practice. Victoria Fuller (vfuller@appealfirm.com) is a partner with Niddrie | Addams | Fuller LLP.

Passings

Laura Nichols, of counsel with Seltzer Caplan McMahon Vitek, was elected president of the Estate Planning Council of San Diego.

SDCBA Past President Thomas Ault passed away on December 15. Thomas served as SDCBA President in 1982 and graduated from the University of San Diego School of Law after attending San Diego State University. San Diego Lawyer will include a special "In Memoriam" feature for Thomas in our next issue.

Fish & Richardson principal Juanita Brooks was inducted as a fellow of the Litigation Counsel of America.

If you know of SDCBA members who received accolades for work of a civic nature, or of passings in our legal community, email bar@sdcba.org.

Jerrilyn Malana, chief deputy and special adviser with the San Diego County District Attorney's Office, was named to serve as a member of the State Bar Trustees Nominating Committee.

January/February 2018 SAN DIEGO LAWYER 47

PHOTO GALLERY STEPPING UP TO THE BAR Photos by Gates Photography SDCBA members gathered at the Museum of Contemporary Art San Diego for the Bar's annual holiday celebration on December 1. The installation for the 2018 SDCBA Board of Directors took place at the event, where Kristin Rizzo was also introduced as 2018 Bar President. Thank you to event sponsors AbacusNext, Thomson Reuters Westlaw, Antonyan Miranda, AHERN Insurance Brokerage, Valdez Team, Torrey Pines Bank, GEICO, Judicate West, Josh Buchholz of NAI San Diego, and Rizzo Law.

L-R: Mike, Ania Mai and Tiffany Finstad

L-R: Tom Becker, Fiona Becker, Kristin Rizzo, Lola Becker

Paula Herring, Tim Botsko

2018 SDCBA Board of Directors sworn in by Hon. Peter Deddeh

Want to see more? Like our Facebook page! @sdcountybar #sdlaw

L-R: Norell Manning, Derek Bausek, Elizabeth Wright, Rachel Fisher, Andy Fisher

SDCBA Past Presidents L-R: Marc Adelman, Hon. Melinda Lasater, Richard Huver, Heather Riley, Jon Williams, Marvin Mizell, 2018 President Kristin Rizzo, Hon. Jill Burkhardt, Heather Rosing, Patrick Hosey, Jerrilyn Malana, Loren Freestone, Marcella McLaughlin, SDCBA Executive Director & CEO Ellen Miller-Sharp 48 SAN DIEGO LAWYER January/February 2018

L-R: Danna Nicholas, Rayna Stephan, Hon. Tamila Ipema

PHOTO GALLERY LEGAL COMMUNITY OPEN HOUSE AND LAW STUDENT WELCOME RECEPTION Photos by J.T. MacMillan

L-R: Mark Allen Wilson, Broc Newman, Garrett Groom

Legal professionals attended the SDCBA's Legal Community Open House & Law Student Welcome Reception on January 11 to learn about local law-related organizations and welcome law students to our legal community.

Michael Sullivan

Christine Pangan

Peter Lynch

ERDC HOLIDAYS AROUND THE WORLD Photos by Minh Le The SDCBA's Ethnic Relations & Diversity Committee hosted its annual holiday event where attendees mingled and enjoyed a variety of food from "around the world."

L-R: Sieun Lee, Wing Lu, Justin Park

Jason Ogawa, Brandon Kimura

L-R: Megan Hartman, Sahar Hassanzada, Destiny Orr, Ashley Simpson

January/February 2018 SAN DIEGO LAWYER 49

PHOTO GALLERY

LAWYERS CLUB ANNUAL HOLIDAY LUNCHEON Lawyers Club of San Diego hosted its annual holiday luncheon on December 14 at the US Grant Hotel.

L-R: Susan Swan, Hon. Tim Nader

Danna Cotman, Paula Gluzman

Paul Friedman, Betty Evans Boone

L-R: Rebecca Kanter, Renie Leakakos, Yahairah Aristy

FALSD & PALSD HOLIDAY MIXER

L-R: Victoria Stairs, Rohanne Zapanta, Tracy Badua, Jonah Toleno

L-R: Rohanne Zapanta, Joe Hallare, Tracy Badua, Allisha Smith, Joy Sidhwa

L-R: Judy Bae, Catherine Asuncion, Julia Kaneshiro

Members of Filipino American Lawyers of San Diego and Pan Asian Lawyers of San Diego gathered for their annual holiday mixer on December 13 at Werewolf Pub.

L-R: Stephanie Chow, Tracy Badua, Catherine Asuncion, Joe Hallare, Michaela De La Cerda

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JAMS................................................................... 8 50 SAN DIEGO LAWYER January/February 2018

San Diego County Bar Foundation .......................................................46

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