®® ® MAR/APR 2019
Meet New SDCBA Executive Director
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IN MEMORIAM Remembering SDCBA Past Presidents Andrew Albert and Craig Higgs by Lyle Moran and John Morris
MEET NEW EXECUTIVE DIRECTOR: JILL EPSTEIN by Lyle Moran
DEANS Supporting Law Students' Interest in Serving the Community by Linda Keller
THE CALIFORNIA INNOCENCE PROJECT AND THE CALIFORNIA 12 Where Are They Today? by Justin Brooks and Jenna Little
ETHICS Conflict Cautions by Edward McIntyre
MAKE MENTAL HEALTH A PRIORITY By Christopher W. Todd
SOCIAL MEDIA Building a Facebook Campaign for Your Law Firm by Jason Marsh
DANIEL CLEVELAND Civic-Minded Lawyer by George W. Brewster Jr.
TECHNOLOGY More Technology Gumbo by Bill Kammer
WHY I BELONG Get to know SDCBA member Brian P. Funk
PRESIDENT'S COLUMN Harmonizing Work-Life Balance and Work-Work Balance by Lilys McCoy
SAN DIEGO COUNTY BAR FOUNDATION Indigent Criminal Defense Fund
WHAT TO DO WHEN? by Jan Maiden
SAN DIEGO LAW LIBRARY Introducing the San Diego Law Library Executive Board for 2019 by San Diego Law Library Staﬀ
DISCTINCTIONS AND PASSINGS
Law + TECH 2019
YOUR MEMBER TECHNOLOGY OFFICER by Adriana Linares
SERIOUS PRODUCTIVITY APPS & TIPS FOR THE MOBILE LAWYER by Adriana Linares and Renée Stackhouse
THE OSTRICH EFFECT: UNDERSTANDING DIGITAL ASSETS by Justine M. Phillips
WHERE IS BITCOIN NOW? News on Cryptocurrency by Julie T. Houth
MYTH BUSTERS:PRACTICING CYBER LAW IS NOT JUST ZEROS AND ONES By Justine M. Phillips and Jessica Gross
WHAT IS A CLIENT RELATIONSHIP MANAGER? NO, OUTLOOK DOESN’T COUNT By Taylor Darcy
Issue no. 2. 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 © 2019 by the San Diego County Bar Association. All rights reserved. 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.
March/April 2019 SAN DIEGO LAWYER 5
WHY I BELONG THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION
BRIAN P. FUNK
Law Offices of Brian P. Funk Education: Creighton University BSBA Business, California Western School of Law
Co-Editors Edward McIntyre Christine Pangan
Editorial Board Julie Houth Anne Kammer Hon. Duane Moring Michael Olinik Renée Stackhouse Tandis Taghavi Julie Wolff
Hali Anderson Henry Angelino Elizabeth Blust Jim Crosby Jeremy Evans Seth Garrett Devinder Hans Whitney Hodges
SAN DIEGO COUNTY BAR ASSOCIATION Graphic Designer Attiba Royster
Publications & Content Coordinator Sasha Feredoni
Consultant/Advisor Karen Korr
Areas of practice: Federal and State Criminal Defense, Plaintiff’s PI Proudest career moment: Tie: Not guilty on a signed false confession, election to SDCBA, President of SDCBA Foundation, President of San Diego Criminal Defense Bar. Family: Wife Arleen; daughter Jessica, a RNP; son Brandon, soon to be DPT. Birthplace: Elgin, Illinois. Current area of residence: North Clairemont. “If I weren’t an attorney, I’d be ...” World traveler, pilot, race car driver. "The best thing about being an attorney is ...” Helping people out of the worst points in their life. Last vacation: Yosemite. Favorite website: Netflix. Hobbies: Camping, restoring my 1965 GT 350 Clone, family, playing with my yellow labrador, classic rock 'n' roll. Favorite book: Anything by James Patterson.
Follow the SDCBA and San Diego Lawyer! sandiegocountybar sandiegolawyermagazine @sdlmagazine @sdcountybar
Best concert you’ve ever been to: Flock of Seagulls on a first date with my wife. Favorite food: Steak, lobster, sea bass. Most fun/memorable SDCBA moment or meeting: Board retreats, stepping up to be sworn into the Board, networking. Do you have a unique skill or special talent nobody knows about? Ask my wife.
401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 email@example.com 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.
What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Keeping your word, admitting when you are wrong and asking someone who knows more than you for help. Do you have a mentor? Too many to name, but William Enright, John Mitchell, watching the Greats at Inn of Court. What would you most like to be known for? Taking care of my family, serving my clients, serving the Bench / Bar. What makes San Diego’s Bar so special/unique? The small town feel of we are all in this together — help each other when you can, no backstabbing or sandbagging.
FOR ADVERTISING INFORMATION, CONTACT LAURA TARABINI AT (760) 415-7030 OR LTARABINI@YAHOO.COM, OR VISIT WWW.SDCBA.ORG/ADVERTISING. March/April 2019 SAN DIEGO LAWYER 7
P PRESIDENT'S COLUMN
BY LILYS M C COY
HARMONIZING WORK-LIFE BALANCE AND WORK-WORK BALANCE I recently started using a fountain pen. Why, you may ask? Two reasons: First, I felt I needed to do a digital detox and returning to longhand seemed like a good way to start. Second, my writing hand, previously hardened by years of cursive script on legal pads, spiral notebooks and paper calendars, had become weak, and fountain pens are apparently easier on the muscles (that bit of wisdom was spot on, in case you wondered). I was almost surprised to see that the descendant of the quill is still being sold and supported, but it is . . . and in many different forms and by many different manufacturers. As I contemplated my digital detox, I also considered the hard reality that I could never really, truly unplug. Absent a decision to live completely off the grid, I must accept some connectivity in my life. And, as an attorney, I must not only accept the networked life, I must embrace it. Our ethical duties require us to do so. Notably, the American Bar Association amended ABA Model Rule 1.1 in 2012 to include technological competence: “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice including the benefits and risks associated with technology . . .” See, 2012 Amendment to ABA Model Rule 1.1 Competence, Comment 6, Maintaining Competence as referenced in SDCBA Legal Ethics Opinion 2012-1. The San Diego County Bar Association, long a leader in the legal ethics space, decided in 2017 to lead in the legal technology space as well. In 2018 we hired one of the first Bar Association Member Technology Officers in the nation — the incomparable Adriana Linares — and launched expert law+tech education. This edition of San Diego Lawyer is dedicated, in part, to helping members become more technologically savvy. But technical competence must not be at the expense of other competencies. And, while indispensable and unavoidable, technology should be in service of what we do as lawyers, not the essence of what we do.
8 SAN DIEGO LAWYER March/April 2019
Ultimately, the law is a thinking profession, an intellectual endeavor wrapped in a personal services business. The client engages us and, in exchange for their payment and trust, we provide knowledge, counsel, guidance, decision-making wisdom and advocacy. And let’s not forget thought — deep, clear, logical thought giving rise to multi-dimensional analysis that should, like good chess strategy, be four moves ahead at all times. So, how do we blend these contradictory competencies? When discussing this column with President-Elect Johanna Schiavoni, she framed the issue well: “We talk a lot about work-life balance, but not much about work-work balance.” The pursuit of workwork balance, or balance within work, may lead us to a way of approaching the conflict inherent among the different competencies required of lawyers. And no one has written more articulately about finding the right balance in work than Georgetown Professor Cal Newport. In his 2016 book by the same name, Newport defines Deep Work as: “Professional activities performed in a state of distractionfree concentration that push your cognitive capabilities to their limit. These efforts create new value, improve your skill, and are hard to replicate.” The opposite of deep work is shallow work. Shallow work, according to Newport, is "Non-cognitively demanding, logistical-style tasks, often performed while distracted. These efforts tend to not create much new value in the world and are easy to replicate." It is easy to see the parallel between the deep work defined by Newport and the work that we as lawyers do. It’s also easy to envision the type of shallow work that distracts from Deep Work, including, as detailed by Newport, rapid-fire communications, social-media expectations and any busyness that serves as a proxy for productivity. Indeed, shallow work, fueled by our
instant and continuous connectivity and filled with interruptions adds “cognitive switching penalties” that drain energy and time. Researchers like Gloria Mark at U.C. Irvine have established that even short interruptions can significantly affect task completion. And all technology, especially in the form of endless e-mails, has the potential to be tyrannous, promoting a perceived need for instantaneous response that relentlessly interferes with the actual work of lawyering. (For a quick but interesting read on the perils of working out of your email inbox, see “Email is Not Your Job” at https:// timemanagementninja.com/2013/10/emailis-not-your-job/). Commitment to deep work, on the other hand, improves analytical and abstract thinking and builds on itself in a virtuous loop of improving the ability to concentrate and, subsequently, improving executive function. Newport found that valuable work — up to four hours per day — with powerfully focused concentration has other benefits, too: a greater ability to be present and calm, which pay dividends in our personal lives. Through his use of deep work principles, Newport reported that he was able to be extremely productive while also ending his day at a reasonable time. This added benefit, the one that allows us to complete our work and also spend quality time with friends and family, increases overall wellbeing. All of this musing, written using both my new fountain pen and my solid-state laptop, leads me to an appreciation of the incredible gifts we have in this most special of legal communities. As you read through this month’s San Diego Lawyer and meet our new executive director, Jill Epstein, and say goodbye to two beloved past presidents, Craig Higgs and Andrew Albert, I hope that the goal of balancing the deeply meaningful work of the law with the ability to be deeply involved in the lives of those we love is foremost in your mind. Lilys McCoy, 2019 SDCBA President.
IN MEMORIAM San Diego’s legal community recently lost two true legends, SDCBA Past Presidents Andrew Albert (2006) and Craig Higgs (1984). Both men made a tremendous impact on the profession and our community and we know that both leave behind a lasting legacy.
very time mediator Andy Albert visited Judicate West’s Santa Ana office, he would stop by President Alan Brutman’s office to give him a fist bump and say, “I’m living the dream.”
former San Diego County Bar Association president brought to both his legal work and the other domains of his life.
When he would see colleagues such as mediator Denise Asher in the neutrals’ lounge, Andy would ask, “Who has more fun than we do?”
“Simply stated, Andy was an upbeat and positive gentleman who never failed to express his gratitude for the blessings of his life,” said U.S. Magistrate Judge Jill L. Burkhardt, the 2007 SDCBA president and close friend of Andy’s.
Friends and co-workers say those phrases and other similar ones Andy often used were emblematic of the sunny demeanor the
The warm feelings Burkhardt and others had for Andy are one reason his recent death after a battle with cancer has hit the legal March/April 2019 SAN DIEGO LAWYER 9
with the end result achieved years later: the bustling Bar Center at 401 W. A St., featuring conference rooms, a member lounge and shared workspace. “It really was a passion project of his that will pay off for many decades to come,” said Scott Carr, a close friend of Andy’s and longtime SDCBA member. Andy also prioritized revitalizing the County Bar’s young lawyers and leaders.
community so hard. Andy was 68 when he passed away Feb. 12. “I keep waiting for my door to open and his smiling face to pop in,” Brutman said. “He will be missed beyond measure.” Andy, a 1978 Southwestern University School of Law graduate, first became known in the San Diego legal community for his work as a plaintiff’s lawyer. This included a stint as a special counsel at Higgs Fletcher & Mack LLP in the mid-1990s, before he partnered for nearly a decade with Joel Wohlfeil and Steve Boudreau at Boudreau, Albert & Wohlfeil. Andy focused on personal injury and medical malpractice cases. Wohlfeil, now a San Diego Superior Court judge, said Andy’s proudest legal victory was securing a seven-figure arbitration award for a father in his 40s in a case against a large health care provider. But Wohlfeil said what struck him most about Andy’s handling of the vigorously contested case was that he was willing to drive his opposing counsel to the San Diego Airport at the end of the last hearing and before the arbitration decision was known. “Andy was a good and decent man who lived his life with honor, humility and grace,” Wohlfeil said. It was in 2003 that Andy began serving on the County Bar’s Board of Directors. His exemplary service on the board and strong bonds with many in the legal community helped him get elected as the SDCBA’s 2006 president. In that key role, Andy was a leading proponent of moving the Bar’s operations out of a building with asbestos issues to the heart of downtown San Diego so it could better serve its members. He was thrilled 10 SAN DIEGO LAWYER March/April 2019
One attorney and mediator who benefited immensely from Andy’s focus on supporting and encouraging new leaders was Kristin Rizzo, who rose through the County Bar ranks to become the organization’s 2018 president. Rizzo said she met Andy at one her first County Bar events, and he immediately made her feel at home in the SDCBA community. “He had the unique ability to make you feel like you were the only person in the room because he was such a genuine individual,” Rizzo said. “Every one of my interactions with Andy Albert was special.” Heather Rosing, the 2008 SDCBA president, said Andy also played a key role in her climbing the Bar Association ranks. Rosing served as the State Bar’s vice president several years ago and is currently serving as the first president of the California Lawyers Association, a 100,000-member organization formed as a result of the State Bar’s deunification. “Andy instilled a lot of fundamental leadership principles in me,” Rosing said. “I credit him with a lot of the success I’ve had in my life.” At the close of his County Bar presidency, Andy retired from his litigation practice to become a mediator. His beloved sense of humor was on display in advertisements he put together with Carr to promote his new practice, including one showing off the Padres season ticket holder’s love of baseball. A picture of Andy at Petco Park included the tagline: “When your case is on the line … Call in San Diego’s newest closer.” Andy quickly became a go-to mediator for personal injury, wrongful death and foodborne illness matters, among others. He also earned plaudits, including being named
one of the Los Angeles Daily Journal’s “Top 50 California Neutrals.” Mark Kaufman, who started and still leads Judicate West’s San Diego office, said Andy played a major role in the office’s success. The two also formed a close friendship, attending many baseball games and concerts together. “I was in a foxhole with him from late 2006 until his passing,” Kaufman said. “There is nobody I’d rather be in a foxhole with.” Co-workers and others in the legal community said Andy thrived as a mediator because of his great listening skills, his compassion for others and his demeanor. “He was the calm in the storm,” said Richard Huver, a West Coast Resolution Group mediator and 2015 SDCBA president. Andy was also known for devoting time to mentoring and encouraging newer neutrals, while maintaining a good sense of humor about the sometimes difficult work. “In a minute, Andy could just lift your spirits,” Denise Asher said. Friends and colleagues say that even though Andy maintained a very busy mediation schedule, he still made plenty of time for his top priority: his family. Andy married his wife Vickie in 1985 and called their union “the best thing that ever happened” in his life. They raised three children together: Michael, Tia and Max. Andy was also the proud grandfather of two grandchildren, Kingston and Tennessee. The name of Andy’s boat, “Grateful Dad,” aptly summed up his love of family and his sunny outlook. At a celebration of life event held for Andy in early March, Wohlfeil shared what he believed Andy would have said if he was there. “The first thing he would do is scan the audience, doing his best to connect with everyone one more time. Then he would say, ‘Thank you for allowing me to be a part of your life.’” Lyle Moran (@lylemoran) is a freelance legal reporter. We are collecting memories and anecdotes about Andy to share with his family. To share your memories of Andy visit: www.sdcba.org/albertmemories
t is impossible to capture in words the overall greatness of Craig Higgs, a San Diego legal icon, who died way too early, at age 74, on Feb. 6, 2019, from sarcoma. But one of the lessons Craig shared with associates and partners every year in talks about effective advocacy was, if you want to keep people’s attention, keep it short. So let’s try. Start with the basic biography, which is impressive. Craig was a true local, born in 1944, in Coronado, to parents Florence and DeWitt (“Dutch”) Higgs (himself a legend in San Diego legal circles and the co-founder, in 1939, of Higgs Fletcher & Mack (HFM), but no room here for his impressive biography). Craig attended Hilltop High School (where he was elected “Class Dreamboat”), attended the University of Redlands (where he was a receiver on the football team known as “Hands Higgs”) and graduated from the University of San Diego School of Law. Craig began his legal career at the City Attorney’s office, where he learned how to try cases. In 1975, he joined what he called the “family business” (HFM), where he first spent about 10 years as a defense lawyer. He then realized his sympathies lay closer with victims and had a successful run as a plaintiffs’ lawyer for about 10 years, and then realized his real calling was not as an advocate, but as a mediator, helping people find common ground — shake hands and settle cases — and spent the final 20 years (or so) of his extraordinary career as one of San Diego’s premier private mediation specialists. In the process, Craig served as President of the San Diego County Bar Association
(like his father before him) and as Chair of the California Commission on Judicial Nominees Evaluation (the JNE Commission); was inducted into the American Board of Trial Associates (where he served for a year as President of the San Diego Chapter); was selected as a Fellow of the International Academy of Mediators; and was honored by both Best Lawyers in America and Super Lawyers for more than 10 years running. And as if that was not enough to distinguish him, Craig was the dedicated father of two children (Kiska and Alexander) with wife Yvonne, and one child (Benjamin) with his wife of almost 26 years, Cynthia Aaron (Associate Justice of the California Court of Appeal), whom he adored (and who adored him). Oh, and he was an avid jogger, bicyclist and outdoors enthusiast, who hiked and rafted and especially enjoyed exploring national parks with his children and his friends. But those are just statistics, and many people in our legal community have impressive resumes. What distinguished Craig — and what makes his loss so devastating for his family, his law firm, the community at large and the scores of people who knew him primarily as a friend — is that Craig was the original, Gold Standard, All-Around, All-Time Good Guy. Craig walked into any room and, aside from being movie-star handsome and eternally youthful, he had a natural charisma that drew everyone’s attention, an effortless charm that made everyone like him, and a combination of wit, intelligence and humor that made everyone trust him (as an advocate, as a mediator, as a friend, in
whatever capacity you met him). Indeed, everybody liked Craig. Everybody. Everybody at HFM (from staff, to associates to partners). Everybody in a courtroom (from bailiff to Clerk to Judge). Everybody at any social setting (whatever their age, rank or “status”). And he genuinely liked everyone back, was sincerely curious about everyone’s passions and — though he held strong views on all social justice issues — was never judgmental or dismissive of anyone’s views on anything. Craig participated constructively in meetings, and always had just the right quip, delivered with just the right tone, at just the right time to lighten a discussion. And if a debate even started to get heated, he was, in the words of one of my partners, a One-Man Bomb Disposal Squad, who knew exactly what to say to whomever to defuse any situation and restore civility and humor. Craig was a role model for everything any lawyer, any human, might aspire to. He was also my partner and my dear, dear friend. He will be missed by me, and by all who knew him. Fare thee well, fare thee well, we loved you more than words can tell. Listen to the river sing sweet songs to rock my soul. (Grateful Dead, “Brokedown Palace”) John Morris (firstname.lastname@example.org) is a Partner at Higgs Fletcher & Mack LLP. We are collecting memories and Craig to share with his family. To share your memories of Craig visit: www.sdcba.org/higgsmemories.
March/April 2019 SAN DIEGO LAWYER 11
Meet Your New SDCBA Executive Director
employees, volunteers and supporters who were making a difference for families with critically ill babies. Her co-workers dubbed her “Jingle Jill” because of the way she would market programs and events. Prior to Miracle Babies, Epstein spent nearly seven years as executive director of the California Association of Marriage and Family Therapists (CAMFT), an independent professional organization representing the interests of 32,000 members. Under Epstein’s leadership, CAMFT’s Political Action Committee became much more active and implemented ideas that generated additional funds for political use, said Jodi Baldel, a former CAMFT president and board member. Epstein said it was important to ensure lawmakers and candidates who understood mental health issues were successful in their state and federal campaigns. Those political efforts, which also included building relationships with lawmakers and their staff, paid off in a major way in 2016. That year, President Obama signed into law federal legislation that CAMFT had championed to remove barriers to Licensed Marriage and Family Therapists (LMFTs) working for the U.S. Department of Veterans Affairs (VA). “It was very exciting to see that come to fruition after years of laying the groundwork,” Epstein said.
JILL EPSTEIN By Lyle Moran
uring an interview for the San Diego County Bar Association’s executive director position, Jill Epstein said with a smile on her face, “This would be my first job running a member association where I would actually know what the members do before I started.”
But things have come full circle for the American University-Washington College of Law graduate; Epstein was recently selected by the SDCBA’s Board of Directors to be the organization’s top executive. She eagerly accepted the position and started her new role on March 20.
That’s because Epstein, a law school graduate who is licensed by the District of Columbia Bar, has made her mark professionally by leading membership associations outside of the legal world.
“I feel extremely honored and excited to take the San Diego County Bar Association into the next chapter,” Epstein said.
These experiences have ranged from running the California Association of Marriage and Family Therapists to serving as CEO of the Chartered Financial Analysts (CFA) Society of Chicago.
12 SAN DIEGO LAWYER March/April 2019
She came to the Bar from Miracle Babies, a San Diego-based nonprofit that provides financial and emotional support to families with critically ill babies in the NICU. Epstein served as the organization’s executive director and started a monthly newsletter called “Special Delivery” that highlighted Miracle Babies in the news and spotlighted
Baldel also lauded Epstein for boosting sponsorship support of the organization’s conferences and improving relations with the California Board of Behavioral Sciences, which regulates LMFTs. “She took a lot of areas of the organization that had been stagnant for years and brought new life to them,” Baldel said. Cathy Atkins, the deputy executive director at CAMFT, said Epstein is a very approachable and down-to-earth person who is also a takecharge leader. “You normally get one or the other,” Atkins said. “Jill embodies a nice combination of both.” Epstein’s resume also features stints at AARP, the American Medical Association, the California Massage Therapy Council, and the National Committee to Preserve Social Security and Medicare. She was selected to be the SDCBA executive director after the agency conducted a nearly five-month national search with the assistance of a search firm specializing in placing highlevel association executives.
Lilys McCoy, the 2019 SDCBA president, said the Bar's Board of Directors “wholeheartedly accepted” the search committee’s recommendation that Epstein be hired. McCoy said the Board was impressed with Epstein’s extensive and stellar work in the membership association world, including at nonprofits similar in size to the SDCBA. “She is so experienced, and yet I think she is also going to bring a fresh perspective and a very engaged and energetic vibe to the position,” McCoy said. She highlighted that Epstein has familiarity with the County Bar from her time working as a consultant for the organization last summer. Epstein reviewed and edited the public-facing website pages and documents for the Bar’s Lawyer Referral and Information Service program and its Fee Arbitration program.
said of her new role. She succeeds Ellen Miller-Sharp, who departed the SDCBA in 2018 after 11 years as executive director to work for the new California Lawyers Association. Epstein said it should help that she has a great working relationship with Miller-Sharp, as the two previously met through their involvement with the California Society of Association Executives. Epstein, a Long Island native, did not originally set out to be a member association executive. She earned a bachelor's degree in political science from the University of Michigan, becoming the first in her family to attend and graduate college. She went to law school with the aim of working with senior citizens in a legal capacity. But she said interning at AARP was one of several experiences she had while at
She has stayed plenty busy outside of work as well. Epstein spends most of her time with her two daughters, 12-year-old Haley and 10-year-old Brooke. Both girls play softball and volunteer with special needs children. Epstein’s brother Barry is a TV producer in Los Angeles, so she and her children enjoy going to tapings of his shows. She credits their mother, who was a copywriter on Madison Avenue in New York, for passing along her creativity to Jill and her brother. Their late father worked in the garment industry in New York City. Epstein is a big fan of University of Michigan’s sports teams, and her best friends are from her college days. While she no longer works with seniors, Epstein volunteers to assist them as a driver for Jewish Family Service of San Diego’s “Rides
“The bottom line is that she knows and understands lawyers, and she knows and understands the San Diego legal community from her experience working with the Bar this past summer,” McCoy said. “We are really excited to start working with her.” Epstein shares that enthusiasm and said she plans to begin her SDCBA tenure by “getting under the hood of the car and understanding the operations and the people.” She hopes to meet individually with board members in their offices, something she has done every time she has taken on a new position to help her better understand the different perspectives they bring to the table. Epstein is also eager to meet with staff to hear about what opportunities for growth and change they believe exist for the SDCBA. “I always feel lots of flowers can bloom when staff is asked for input,” she said. The SDCBA’s members are another group of people Epstein plans to interact closely with in the coming months. She hopes to ask them which services and member benefits provide the most value, and their responses will help inform decisions about current and future offerings. In addition, Epstein will work to assist members in connecting with one another and the broader public. She said one possible way to accomplish the latter goal is enhanced promotion of the SDCBA’s Lawyer Referral and Information Service program. “This is an opportunity to use my fresh eyes as a community member and amplify what the Bar does to the rest of the community,” Epstein
L-R: Haley Epstein, Jill Epstein, Brooke Epstein
American University’s law school that opened her eyes to the membership association model.
and Smiles” program. She serves on the Solana Beach School District Independent Citizens’ Oversight Committee.
“Deciding to go to law school in Washington, D.C., was the most pivotal decision I made in my life without knowing it,” Epstein said. “It put me on a career path that I likely would not have been exposed to if I went to law school in Chicago or New York, which were my other options.”
Epstein also enjoys travel, especially biking around places she has never visited before.
And even though she has never actively practiced law since her 1992 graduation, Epstein has found her career trajectory to be very rewarding.
“I am excited to work downtown and explore all that the city has to offer,” Epstein said.
The Carmel Valley resident, who considers herself a city girl and loves walking places when she can, said she is thrilled to shift from working in Kearny Mesa to the Bar’s headquarters at 401 W. A St.
Lyle Moran (@lylemoran) is a freelance legal reporter. March/April 2019 SAN DIEGO LAWYER 13
BY LINDA KELLER
Supporting Law Students’ Interest in Serving the Community
aw students have long seen a JD as a path to public service. A recent survey of undergraduates reveals “public-spirited motivations” as key reasons for going to law school: • 44% — Pathway for career in politics, government or public service • 35% — Opportunity to be helpful to others or useful to society/giving back • 32% — Advocate for social change1 These students' aspirations are welcome and inspiring, especially at a time when so many people do not have meaningful access to justice. If students are motivated by their passion for public service, how can law schools provide them the necessary support and skills? Law schools can foster students’ interest in giving back in myriad ways: offering educational programming to explore the challenges and opportunities of public service; promoting student pro bono programs; supporting student organizations; and encouraging externship placements in public service. Clinical programs help prepare students to effectively practice and provide service to the community. Nicole Heffel (2013), a veteran, has served fellow veterans since her time at Thomas Jefferson and was a recipient of the California Bar President’s Pro Bono Service Awards in 2015. Ms. Heffel explains, “I witnessed firsthand the aftermath of what war can do to an individual. The Veterans Clinic in law school gave me an outlet for helping the heroes of our nation and shaped my outlook on what it truly means to be a lawyer." Students can provide much-needed legal services to the community while honing their practice skills in other areas such as nonprofit, trademark and patent law, and in self-help workshops at Thomas Jefferson. Miguel Pineda (JD/MBA 2019) attributes his recent selection for the elite Equal Justice Works Fellowship in part to his practical training:
“Thomas Jefferson’s encouragement of student participation in its clinical programs was instrumental in becoming an Equal Justice Works Fellow.” Mr. Pineda sums up, “In coming to law school, my goal always was to use my law degree to make a difference in people’s lives, and receiving a JD has equipped me to do just that.” Schools can encourage externship placements in government agencies and nonprofits as well as offer specialty classes for those interested in public service. For example, Public Interest Lawyering allows students to examine civil public interest law programs and to research and propose solutions to close a gap in access to justice. Students can serve the community outside the classroom as well, for example, through the Crawford Legal Institute & Mentorship Bond Program (CLIMB). CLIMB provides law students the chance to mentor students at Crawford High School, providing moot court coaching, conflict resolution skills training, tutoring and college preparation. Student organizations participate in many service events, often collaborating on initiatives such as providing over 200 toiletry kits for homeless residents in East Village. Thomas Jefferson graduates can continue their public interest work as part of the Center for Solo Practitioners accelerator program, which helps launch new solos while furthering access to justice in collaboration with the Alliance for HOPE International. These graduates have aided well over a thousand people through community clinics. After their time in the accelerator, many continue providing service to the community. For example, Nicholas Moore (2012), Patrick Long (2010) and Lee Vernon (2014) formed the firm of Moore, Long & Vernon after developing their practice in the accelerator and continue to provide pro bono work, serving veterans and survivors of domestic violence. They do this in part with the Alliance’s Justice Legal Network, individually representing survivors of domestic violence on a pro bono or “low bono” basis2.
Of course, law school graduates can serve the community in other ways, from practicing law as government or public interest attorneys to working in non-legal positions in the public interest. In addition to many judicial officers, Thomas Jefferson alumni include current San Diego Public Defender Randy Mize (1987), former Public Defender Henry Coker (1985) and former District Attorney Bonnie Dumanis (1976). Students are often inspired to choose careers in the criminal justice system — and provided critical skills training — via the Law School’s long-standing Trial Team and the more recent Criminal Law Fellows program. Other graduates exemplify publicmindedness by board service for nonprofit organizations or legal associations. To name just two recent appointments, Lorena Slomanson (2003) serves as Treasurer of the Board of the San Diego Law Library, and Danna Cotman (1996) is currently the President of the Lawyers Club. (The list of alumni serving via SDCBA itself is too long to mention.) Law schools should continue to foster much-needed public-spirited attitudes and action among law students and lawyers. Moreover, as the need for “low bono” services grows, law schools need to expand innovative ways to position their graduates to channel their desire to serve the public into developing means of delivering affordable legal services. Linda Keller (email@example.com) is Interim Dean at Thomas Jefferson School of Law. 1. See AALS, LSAC, and Gallup, Highlights from Before the JD: Undergraduate Views on Law School, https://www.aals.org/wp-content/uploads/2018/09/ BJDReportsHghlights.pdf. 2. See Casey Gwinn & Gael Strack, Legal Incubators: Pathways to Justice and Hope for Survivors of Violence and Abuse, GPSolo Jan/Feb. 2019: Access to Justice at https:// www.americanbar.org/groups/gpsolo/publications/gp_ solo/2019/january-february/legal-incubators-pathwaysjustice-and-hope-survivors-violence-and-abuse/.
March/April 2019 SAN DIEGO LAWYER 15
BY EDWARD McINTYRE
WHAT MIGHT THE NEW RULES REQUIRE IN A CONFLICT CHECK SYSTEM
ara ushered two young women into Macbeth’s office.
“My friends, Samantha and Fiona, are opening their own firm.” “Congratulations. A great adventure. Let’s move to the conference table.” When all were seated, Macbeth asked, “How can we help?” Fiona started. “We’ve been at large firms. Took things for granted. Now we have to be sure our firm does stuff right.” Samantha joined. “There’s so much at the start. We’re grateful Sara suggested we meet you.” “We’re happy to help. Let’s start at the beginning — new clients.” Fiona laughed. “Best place to start.” “You’re aware of the new rules?” Both nodded. “Let’s look at rule 1.7 — conflicts. It affects every new client. Each new matter.” Macbeth opened his rules booklet and handed copies to Fiona and Samantha. “Rule 1.7 (a) doesn’t change much. We can’t represent a client with interests directly adverse to another client without the informed written consent of each. Whether in the same or unrelated matters.”
Samantha shrugged. “We’re our general counsel now.” Macbeth smiled. “Precisely. I can’t consider whether responsibility to someone, or a relationship, will materially limit representation of a new client — or a new matter for an existing client — until I identify the responsibilities and relationships each lawyer has." “Each lawyer?” “Yes. If one lawyer has a conflict, it’s imputed to each firm lawyer.” “Glad we’re only two. We can talk.” “I suggest setting up your system from the beginning. Then, as you grow, it’ll be there for you.” Sara added. “And save you from a world of hurt with disabling conflicts.” Samantha opened a tablet and looked toward Macbeth. “ OK. Conflict check system.” “Let’s start with the obvious. All current clients.” Both nodded. “Then, all clients you represented in the past. At your former firms. I suggest not only corporate, partnership and other entity
names, but also fictitious business names. Also names of principal officers, directors and partners. Members of LLPs and LLCs. Then parent and subsidiary corporations — to determine if those relationships create a conflict.” Fiona and Samantha both took notes. “Be prepared to pick up corporate and partnership name changes. Entity clients sometimes merge. Get acquired. When you represent individuals, be aware of spouse or partner name changes after marriage or divorce. We also include names of insurers involved in any case.” Fiona looked up. “Insurers?” “Remember the tripartite relationship — if you represent an insured based on a contract of insurance, each is a client.” “Right. Forgot. The firm didn’t do much of that.” “You may not at your new firm. But I’d have a place for the information — if you do.” Samantha spoke. “I can see an artificial intelligence-aided system really helping.” Sara nodded. “ That’s what we have. Interactive. Fully automated.”
Macbeth continued. “Now look at 1.7 (b). It requires informed written consent of each client if my responsibility to, or relationship with,” he started to tick the items off on separate fingers, “another client, a former client, a third person — or my own interests — will materially limit my representation of that client.” Samantha looked up. “I’ve puzzled over that since I first read it.” Macbeth set his booklet down. “We can talk about examples in a bit. First, how does a lawyer determine whether any such responsibility or relationship even exists? It starts with a practical problem.” Fiona sighed. “A conflict check system. Something the firm always did. Our general counsel reviewed all new matters.” CARTOON BY GEORGE W. BREWSTER JR. 16 SAN DIEGO LAWYER March/April 2019
“But,” Macbeth held up a hand, “with hardcopy backup. Even with the cloud, one can’t be too careful.” Samantha looked at her notes. “What else should we consider?” “For each client, describe the representation’s subject matter. The responsible lawyer. Should be easy at the start. File number cross references.” “OK.” “I would also have a ‘connections’ section. Put in key witnesses, especially experts in litigation. Include anyone with a significant economic tie to your firm — other than clients.” “For example?” “Your accountant. Bank and banker. Insurance broker. Your landlord. Any other economic or personal relationship that might materially limit your ability to represent a client. Or take on a particular matter.” “Wow!” “Better to have the information. Then make the judgment call you don’t have a conflict.”
Samantha nodded. “I see that.” “The unpleasant alternative is discovering later you had a conflict. Having to tell the client you may have to withdraw.” “Other suggestions?” "Three. Add persons who consult with you whom you decide not to represent. You may have learned confidential information creating a conflict. Or the person may claim you did.” “Good point.” “Make sure you have procedures to update your system. Do it religiously. Old data is almost as bad as having none.” “I agree. Though it could be a pain.” “It will be. But it pays off. Also, at our firm, we circulate an email among all staff — lawyers and non-lawyers — about each potential matter. Someone may pick up a possible conflict that the computer didn’t.” “Should be easy with two of us.” “But you’ll grow — I can tell. Set up the procedure now and it’ll be there.” “More?” “Don’t you think that’s enough heavy lifting
for a start? We’re always here to help as you get going. You’ll do great.” Fiona and Samantha looked a bit worn. “Now would you join Sara and me for lunch?” Their mood brightened. Editorial Note: Rule 1.7 does not expressly require a conflict check system; rule 5.1, Comment , however, identifies conflict checks as a critical element of client representation and firm management. Neither rule identifies what such a system should include. Macbeth intends his guidance to assist a conscientious lawyer trying to fulfill rule 1.7’s mandate to determine whether responsibilities to, or relationships with, the class of persons the rule identifies create material limitations requiring informed client written consent. 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. Edward McIntyre (firstname.lastname@example.org) is a professional responsibility lawyer and co-editor of San Diego Lawyer.
S SOCIAL MEDIA
BY JASON MARSH
BUILDING A FACEBOOK CAMPAIGN FOR YOUR LAW FIRM
s the digital media environment has matured over the past two decades, traditional forms of advertising like TV, print and radio have given way to many online options. More than ever, small and local businesses, like law firms, have a variety of powerful and cost-effective digital advertising options at their disposal. Law firms can now run campaigns that are more targeted, measurable and scalable than ever before. With the right strategy and clearly defined objectives, Facebook can be a great advertising channel within a firm’s overall digital marketing mix. Use it to build awareness, cement consumer preference and generate new clients. Not to be confused with organic posts, Facebook advertising involves targeting a specific audience, crafting a message and paying to reach that audience to generate the desired outcome — new clients. STEP 1: DEFINE CAMPAIGN OBJECTIVES The first step in developing any successful advertising campaign is to clearly and narrowly define your objective. What, specifically, do you want to accomplish with this campaign? While it’s OK to have multiple objectives, usually you want to create separate campaigns aligned with each objective. Broadly speaking, advertising campaign objectives typically fall into two categories: branding and direct response. 18 SAN DIEGO LAWYER March/April 2019
The goal of a branding campaign is to increase recognition and positive sentiment about your firm. When someone in your geographical area or industry needs a lawyer or a firm that does what you do, you want to be the firm 1) they think of first; 2) perceive the be the best; and 3) ultimately hire. In other words, be THE lawyer, not just ANOTHER lawyer.
While each targeting strategy could be its own chapter in a book, “remarketing” (also known as retargeting) is an important topic worth discussing. Remarketing enables you to target people that have previously visited your website (or a specific page on your website) with ads on Facebook. This is extremely useful because people that have already visited your website theoretically have an interest in the services you provide. This targeting strategy can be particularly useful in augmenting other website traffic — generating activities like a paid search or SEO campaign. In Facebook, this is known as “building a Custom Audience using Website Traffic.” This function can be enabled by installing a “Facebook Pixel” on your website. For building an audience, this can be a great (and safe) place to start.
Direct Response Campaigns The goal of a direct response campaign is to generate a specific response to your ad. Typically the goal is to use a strong call to action that generates inquiries from new prospects interested in the legal services you provide. For example, “call for a free consultation” or “download our free legal handbook.” STEP 2: TARGET YOUR AUDIENCE Once you’ve clearly articulated your objective, it is time to target and build your audience. Targeting your campaign ads to the right people is critical to your success (after all, even the best ad shown to the wrong person has virtually no chance to succeed). Fortunately, Facebook has powerful audience targeting capabilities to help you get your ad in front of the right people. Depending on your objective there are different audience targeting techniques to consider. These include geographic, demographic, interest and behavioral targeting. There’s also remarketing, engagement and “Lookalike” targeting.
With all of the targeting options that exist, you will want to test different targeting strategies and configurations to see what works best for you. STEP 3: CREATE YOUR ADS The next step is creating your ads. This requires thought and creativity based on your campaign’s objective. If your goal is to build your firm’s awareness, you may choose to showcase your firm’s expertise, promote content on your website or share some great client testimonials. If your goal is to generate conversions
SOCIAL MEDIA (new prospect leads, email sign-ups, lead magnet downloads), then your ad will center on a specific offer and call to action. That could be something like “call for a free consultation” or “download our free handbook.” Remember, lead generation can be challenging because your ad, message and specific offer must be so compelling that the user feels inclined to act in that moment. STEP 4: DEFINE THE POST-CLICK EXPERIENCE As you create your ad, you will also want to consider the user’s “post-click experience.” In other words, what happens when someone clicks your ad? Where will that click take them ... to a dedicated campaign landing page, a specific piece of content on your website or a form to enter their email? The postclick experience should be aligned with and pay off on the expectations created by the ad. Consider using Facebook Lead Ads, which allow you to keep the postclick experience, including messaging and a contact form, entirely within Facebook. STEP 5: MEASURE CAMPAIGN PERFORMANCE The beauty of a Facebook campaign, like most digital campaigns, is that they produce a great deal of data that allow you to measure the success of the campaign. Based on whatever objectives you have defined for your campaigns (more traffic, new leads, email subscribers, etc.) you can develop a clear
The beauty of a Facebook campaign, like most digital campaigns, is that they produce a great deal of data that allow you to measure the success of the campaign.
picture of what is working and what isn’t so you can ensure you are getting a meaningful return on your marketing investment. STEP 6: SCALE FOR SUCCESS Last, you can scale your Facebook campaign. Once you’ve identified an audience and set of ads generating a successful response, you can expand your campaign model to reach a larger audience using one of Facebook’s most powerful audience targeting techniques called a Lookalike Audience. Because initial custom audiences can sometimes be limited in size, this feature enables you to expand your campaign to reach
an entirely new audience that “looks like” (and hopefully behaves like) one of your existing audiences. CONCLUSION While the world of Facebook Advertising can seem daunting at first, this six-step process should give you a good start. Building a successful online marketing campaign takes time and, likely, trial and error — but don’t get discouraged. Jason Marsh (email@example.com) is founder and owner of MARSH8.
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BY BILL KAMMER
MORE TECHNOLOGY GUMBO 1. LOCKING MOBILE DEVICES Manufacturers of mobile devices usually provide alternative security methods for locking them. PINs, passwords, fingerprints, iris scans and facial recognition are often included among the options. Some have lost favor (iris scans) and others can be spoofed. For instance, the 2D version of facial recognition cannot distinguish between a real person and a photograph. Without delving into the law of testimonial compulsion, we know that law enforcement may seek to compel you to unlock your mobile device unless it is protected by a passcode or password. Passcodes or PINs of at least 8 characters are clearly preferable. 2. SplashData’s WORST PASSWORDS OF 2018. Every year SplashData publishes its annual list based on its review of over 5,000,000 passwords hacked or leaked on the internet. After all these years, you might think that the quality of passwords would have improved. Wrong! Here’s the top 10 for 2018: #1 123456 #2 password #3 123456789 #4 12345678 #5 12345 #6 111111 #7 1234567 #8 sunshine #9 qwerty #10 iloveyou The list hasn’t evolved for the better over the years, at best adding only a few digits to an obvious sequence. For our clients and personal matters, hopefully we can do better! 3. HAVE I BEEN PWNED? Previous columns discussed the website haveibeenpwned.com, where you can search to see if your email address or one of your passwords is within its database of credentials hacked or compromised. The database is derived from information
already available for free or sale on the dark internet. This reality suggests that none of us should ever use a password that might appear among those hacked or leaked. Further, if we are wearing an administrative hat, we should allow no one in our office to use a password that appears on the compromised list. This site’s database of hacked credentials is enormous; for instance, it contains over 500 million passwords. You can even download the entire database, though it might be easier to conduct simple searches for passwords in use. If an address or password is listed, you can assume it is being sold, bought and used by the bad guys and should not be used again. 4. i32k7au4a83 Surprisingly, that password appeared frequently in the "have I been pwned" database. The reason is not the least bit obvious. It seems to be a suitably mixed and elongated password of the type often recommended. This apparently unique password, though, is remarkably common in the hacked passwords database because it is a transliteration of the Mandarin phrase “my password.” 5. ARTIFICIAL INTELLIGENCE (AI) We’ve all seen the ads “Powered by Watson,” and similar assertions that an application, legal software or e-discovery review tool is powered by AI. At the recent LegalTech New York, virtually every vendor was touting the inclusion of AI in its products. Though sales personnel often cannot explain what the AI component adds to the product, perhaps that’s because the sales pitch is hyped. A recent survey of European firms found that 40% of those classified as “AI” startups didn’t use AI in any material way. Just a suggestion to carefully examine product pitches that tout AI as a substantial feature of what’s being sold. 6. FACEBOOK PRIVACY OR SECURITY You are probably familiar with all the publicity about various security failures and privacy violations at Facebook. The Cambridge Analytica news was hard to avoid. Perhaps you followed the resulting advice to close your Facebook account.
But maybe you chose instead to attempt a lockdown of the information you had posted. Facebook often complicates that endeavor by moving the security goalposts, but we persist in those efforts, often limiting those who can view data to family or close friends. Protecting information you might share with a limited group is a continuous challenge. For instance, Facebook encouraged users to implement two-factor authentication using your mobile phone number as part of that process. Unfortunately, recent reports found that Facebook was allowing third parties to search its database to determine the identity of the owner of any cell number and then to harvest whatever public information might be available about the owner of that number. 7. ROBOCALL FATIGUE? There are about 5 billion robocalls nationwide each month. Perhaps you have received a few, many with no caller ID. Automated spam calls were 3.7% of cellphone calls in 2017 but 29.2% in 2018. Estimates are that they will be nearly 50% in 2019. Unfortunately, cheap and easy-touse technology such as VoIP has increased the quantity. But, hopefully, technology help is on the way. Some mobile carriers, including AT&T and T-Mobile, are doing their share internally to identify spoofed calls and to stop them before they reach their customers. Meanwhile, a consortium of engineers from carriers and the telecom industry are working on standards, named STIR and SHAKEN, which will essentially demand the equivalent of a digital signature for legitimate callers. That should provide us with trustworthy information about our callers. You may see the carriers implementing STIR/SHAKEN solutions later this year. We can hope so.
Bill Kammer (email@example.com) is a Partner with Solomon Ward Seidenwurm & Smith, LLP.
March/April 2019 SAN DIEGO LAWYER 21
THE CALIFORNIA INNOCENCE PROJECT AND THE CALIFORNIA 12 WHERE ARE THEY TODAY? By Justin Brooks and Jenna Little
Imagine walking 712 miles to free innocent clients. That is exactly what three passionate lawyers from the California Innocence Project (CIP) did. In 2013, over the course of 50 days, lawyers Justin Brooks, Alissa Bjerkhoel and Mike Semanchik tirelessly walked the 712 miles from San Diego to Sacramento to hand deliver clemency petitions to then-Governor Jerry Brown. The lawyers were marching to raise awareness about 12 incarcerated men and women whose cases bore strong evidence of innocence, and to call on the Governor to save them. They became known as the California 12.
wrongfully incarcerated. So, on the day that marked Governor Brown’s last 100 days in office, CIP’s director Justin Brooks set out on another march. He covered 100 miles from Berkeley to Sacramento calling on Brown for clemency, which was perhaps their last hope at freedom. After the second march ended in October 2018, Brown commuted two of the California 12’s sentences — Quintin Morris’ and Kiera Newsome’s — making them parole eligible. Morris was released on Jan. 10, 2019. Newsome will be eligible for parole in 2019.
Fast forward to 2018. CIP freed five of the California 12 through litigation. None were freed through clemency. Seven remained
CIP is still fighting for the release of five of the California 12. Here are the stories of the seven who have been freed and the five who remain wrongfully incarcerated.
Released: 2015 Years Served: 24
Alan Gimenez was released on parole in 2015 and is still fighting to clear his name. Alan’s daughter, Priscilla, died at just 49 days old. Prosecution experts testified that she exhibited a “triad of symptoms” that indicated shaken baby syndrome (SBS) at the hands of Alan. He was convicted of murder. Since then, medical research has almost entirely discredited the symptoms used to prove SBS, and current forensic evidence shows that Priscilla died of medical conditions, not from shaking. Alan now lives in San Diego with his wife and daughter. He often speaks at CIP events to raise awareness about wrongful convictions. 22 SAN DIEGO LAWYER March/April 2019
Released: 2014 Years Served: 36
At the time Michael Hanline was released, he had served the longest wrongful incarceration in California history. He was convicted of a murder he did not commit. After taking on his case, CIP uncovered documents that impeached the prosecution’s key witnesses and showed that others were responsible for the crime. Finally, after additional DNA testing and investigating, Michael’s conviction was reversed and he was released. Michael now lives in Central California with his wife, Sandee, who stayed by his side during his entire wrongful incarceration.
Kimberly Long Released: 2016 Years Served: 7
Kimberly Long’s conviction was reversed in 2016, but the district attorney appealed and won. The California Supreme Court is currently reviewing her case to determine if she will be retried. Kimberly was convicted in 2003 of murdering her boyfriend. Forensic evidence shows the presence of unknown male DNA at the crime scene, that Kimberly was not home at the time of death and that the perpetrator would have had blood on them while she did not. Kimberly recently started her own pet-grooming business and is living in Riverside, California. She is making the most of her freedom while she waits to hear from the Supreme Court.
Released: 2019 Years Served: 24
Governor Brown commuted Quintin Morris’ sentence in 2018, and he was released on parole on Jan. 10, 2019. Quintin was misidentified as the perpetrator of a shooting crime after a suggestive identification procedure. Despite a lack of physical evidence, he was convicted. Although his appellate attorney discovered the true shooter and a judge reversed his conviction, the Los Angeles County district attorney appealed and won. Eventually, the shooter’s getaway driver confessed, and the witness expressed doubts about her identification of Quintin. He is now living in Los Angeles near his family, and is reintegrating back into society.
Released: 2017 Years Served:18
Guy Miles was released after he took a plea deal to avoid reprosecution when his conviction was reversed in 2017. He spent 18 years in prison for a robbery that occurred in Fullerton, California while he was in Las Vegas, Nevada. Due to a faulty photo array — even though Guy had nine alibi witnesses — he was wrongfully identified and convicted of the robbery. Eventually, the true perpetrators confessed to the crime, and new scientific studies in stranger eyewitness identifications raised further doubt about the IDs. Guy moved to Texas with his girlfriend and is exploring career opportunities.
Released: 2016 Years Served: 23
Bill Richards was released in 2016. After three trials, Richards was wrongfully convicted of murdering his wife based on bad bite mark science. He had no defensive injuries and gave no confession. DNA testing and advancements in bite mark science eventually proved that he had been wrongfully convicted. When he is not out traveling the world, Bill spends time at home in Riverside, California.
Suzanne Johnson Years Served: 19
Ed Contreras Years Served: 21
Ed Contreras was convicted of a murder he witnessed but did not commit. Lisa Garringer, who implicated Ed, also witnessed the murder. Afraid of the true perpetrator, Scott Taylor, Garringer told police that Taylor and Ed killed the victim. Garringer later recanted her implication of Ed, and physical evidence supports her recantation. Even the original prosecutor on the case supported Garringer’s version of the truth, but Ed is still incarcerated.
At 74 years old, Suzanne Johnson remains in prison. Suzanne was babysitting 6-month-old Jasmine when Jasmine fell out of her highchair and became unresponsive. She did not recover. A medical examiner determined her death was due to violent shaking and blunt force trauma to the head. Suzanne was convicted of causing her death. At that time, experts clung to what they believed were symptoms of SBS, and many thought that an infant could not sustain a fatal head injury from a short fall. Since then, scientific advancements have largely debunked these assumptions and there is strong scientific evidence that Suzanne is innocent.
March/April 2019 SAN DIEGO LAWYER 23
“First Republic puts my needs first – and that was a game-changer for me.” C A N DAC E N E A L
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Years Served: 25
Despite strong evidence that the 1989 fire that killed her children was an accident, Joann Parks is still incarcerated. At trial, fire investigators testified that it was caused by human origin, rather than an electrical source. Joann was convicted of starting the fire and of murder. Since then, fire science has changed drastically, and in 2011, a prominent scientific fire analyst found that the forensic evidence used during the original investigation was invalid.
Dolores Macias Years Served: 24
In 1990, Dolores Maciasâ€™ young children, Melody and Gilbert, and her 4-year-old niece, Lynette, were playing in a swimming pool when Lynette drowned. Police reported that another child likely held Lynetteâ€™s face underwater. Almost two years later, 6-yearold Melody told her grandmother that in her dreams Dolores drowned Lynette. The grandmother told authorities and Dolores was convicted of murder. Given the known problems with child testimony, CIP spoke with Melody and Gilbert (who were then in their late teens) as well as their brother. They stated Dolores did not drown Lynette and testified they lied during the original trial. Yet Dolores is still in prison.
Patrick McNeal Years Served: 18
Kiera Newsome In 1997, Patrick McNeal discovered his wife murdered in their home. Police theorized that Patrick killed her in a fit of rage. The timeline of events and forensic evidence spoke otherwise, yet Patrick was convicted. Later, witnesses who knew Patrick's brother, Jeff, claimed that Jeff had confessed to the murder. When called to the stand by CIP at an evidentiary hearing, Jeff took the fifth. The judge declined to reverse Patrick's conviction, and he remains in prison.
Years Served: 17 Sentence Commuted
Governor Brown commuted Kiera Newsomeâ€™s sentence in December 2018. She will be eligible for parole in 2019. Kiera's conviction was based on a faulty eyewitness identification. At trial, the defense provided written evidence of Kiera's attendance at all of her high school classes the day of the murder, testimony from her teacher verifying her presence, and dated assignments from class. Since then, multiple witnesses have stated that Kiera was not the shooter.
Justin Brooks (firstname.lastname@example.org) is Director of the California Innocence Project. Jenna Little (email@example.com) is Digital Marketing Coordinator for the California Innocence Project.
The California Innocence Project is a law school clinic, founded in 1999 at California Western School of Law. The independent organization is dedicated to freeing the innocent, training law students and changing laws and policies in the state of California. To learn more about the California Innocence Project and how to volunteer or otherwise support the organization's efforts, visit www.californiainnocenceproject.org.
March/April 2019 SAN DIEGO LAWYER 25
THE NEW SAN DIEGO COUNTY COURTHOUSE ONE YEAR LATER
415 jury trials 259 felonies 156 misdemeanors
55,627 reported for jury service Jihan Maloney - Deputy District Attorney: I recently used the Trial Pad application via an iPad in my most recent trial. The application contained all of my photos, audio files, videos, etc., and published directly from the iPad to the screen in the courtroom. The Judge, clerk, and the jurors gave a lot of positive feedback after the trial about how seamless the presentation was. I was able to walk up to the witness stand while questioning a witness and have the witness zoom in to certain areas of a photograph and circle other areas of the photograph without any issues. Also, with the simple click of a button, I could jump between photographs and they would be published on the courtroom television. The jurors really seemed to like the use of technology and the ability to see exactly what portions of a photo the witness was referring to while testifying!
David Grapilon - Deputy District Attorney: The tech in the new courthouse is great. We connect our devices through ports at our desk, and use an iPad to present all our visuals. But old habits die hard: I still catch myself glancing down at the floor when I move about the well, looking for cords, cables, and extension cords to trip over!
Hon. Michael Groch San Diego Superior Court: The new courthouse has free public wifi and the branches are in the process of getting that same connectivity. Most courtrooms in the new courthouse are equipped with technology that allows attorneys to use the courtâ€™s projector and audio system to present their evidence and arguments. Attorneys just need to bring their own device that has an HDMI or VGA connection and they are ready to go.
L AW +T ECH 2019
YOUR MEMBER TECHNOLOGY OFFICER by Adriana Linares
ave we met? Likely not, but I sure hope that changes soon. My name is Adriana Linares, and since last summer, I’ve been serving as the Member Technology Officer at SDCBA. This role makes me feel like I’ve won the legal technology lottery! The idea of hiring a person dedicated to helping members with everyday technology, and especially with legal technology, was the brainchild of our Technology Committee. They recognized the importance of technology in running an efficient and modern law firm, and wanted to make that a priority in helping members. Little did they know, they were writing a job description for my dream job. I’m not a lawyer, but I love lawyers. For the past 20 years, I’ve done nothing, but help lawyers win battle after battle with technology. After eight years in the IT department at two of Florida’s largest law firms, I launched a small legal technology consulting company and have since worked with firms of every size, in every practice, across this country. I am so grateful for the legal technology industry (Yes! It’s a thing!) that has allowed me to be a contributor to its great growth. I’m a frequent speaker at local and national technology conferences, and a regular contributor to legal blogs and publications, and I serve as a technology consultant to the Florida Bar Board of Governors. I have a B.A. in Geography from Stetson University, an M.A. in Corporate Communication and Technology from Rollins College, and I am an IAPP Certified Information Privacy Technologist. In 2013, I was humbled to be recognized as a “Fastcase 50” honoree, which recognized “the law’s smartest, most courageous innovators, techies, visionaries and leaders.” I served as Chair of the American Bar Association
TECHSHOW in 2017 and was floored in 2018 when the ABA Journal selected me as a Legal Rebel Trailblazer. For the past several years, I have had the most fun hosting the New Solo podcast on the Legal Talk Network. I love what I do and I hope it shows. I jumped at the opportunity to work with the SDCBA in 2018 because, dream job. I reached out and proposed an unheard of proposal — an experienced and enthusiastic, outsourced resource for their members? Could their dreams be filled by an MTO who telecommutes part of the time? Thankfully, they said yes. They recognized that many members who need this kind of help may appreciate getting that help without having to travel to the Bar Center. They recognized that using technology to communicate, meet and consult with members was exactly what many members needed to see was possible to help them with their own adoption of technology. I am so grateful for their vision. In the last half of 2018, we offered over 20 legal technology webinars and seminars across many-a-Tech Tuesday. We kicked off 2019 with a sold-out and well-received technology seminar that included sessions on Microsoft Office, e-Discovery, mobile lawyering and trial technology. #MarketingMarch offered a four-part series of training presentations from nationally recognized experts on how blogs, podcasts, social media and email newsletters can be powerful content strategy tools for law firms. Every day, I work — and with pleasure! — to identify relevant resources and develop content and programming that helps members better understand and use technology. We are planning more seminars, webinars, videos and relevant content including open Q&A lunch and learns with me at the Bar Center.
Not only do I have the honor to work with the wonderful staff and leadership of the SDCBA, but I get to work closely with members who are either struggling with or thriving with technology. Over 50 members have made appointments to meet with me, both in person and via remote technology. If you aren't one of them, I hope to see your name in my inbox soon. Why not jump on this member benefit? The only thing it will cost you is time. I'll continue to work throughout 2019 to bring our members the information and training that I hope changes how technology helps you and your law firm. You can find me at the Bar offices, in person, one week of every month. Outside that week, I am available to answer your legal tech questions via email and phone or video conference. My office hours are TuesdayThursday, 10 a.m. - 3 p.m. You can see my schedule and make an appointment to meet with me at sdcba.org/techappointment. It's incredibly rewarding organizing all this timely content for our members and the local legal community. Thank you to everyone that has supported our efforts. Do you have ideas or suggestions for training sessions you would like to see? Do you have a question about Office 365, practice management programs or moving to the cloud? Whether you are struggling with technology or thriving from it, chances are I can help, and I'm always looking for feedback and suggestions from our members. Please reach out to me, I would love to hear from you. Email me at firstname.lastname@example.org. Better yet, make an appointment to meet with me! Adriana Linares (email@example.com) is SDCBA’s Member Technology Officer.
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SERIOUS PRODUCTIVITY APPS & TIPS FOR THE MOBILE LAWYER By Adriana Linares and Renée Stackhouse
oosening up, if not entirely removing “office shackles,” interests many lawyers — and never has it been easier thanks to many modern technology tools, apps and services. Here, we recap our presentation during the Second Annual SDCBA Law + Tech Summit.
HARDWARE The Tech Dopp Kit Yes! It’s a thing! In 1926, a leather craftsman named Charles Doppelt designed a men’s case for toiletries and called it a Dopp Kit. Today, we introduce the Tech Dopp Kit. It’s the same but different — it holds all those random but necessary tech cords and devices for the road. Like we do with many regular Dopp Kits — it’s supplied with the travel version of the necessities. If you pack it with a spare phone cord, a spare USB plug (get one with double USB ports), a spare mouse, a spare battery charger, etc., then you don’t have to go scrambling for — and risk forgetting — those important items. It’s also a blessing to those suffering from “Smartphone pinky” because you can throw in a foldable phone stand and small Bluetooth keyboard so you can take the burden off your abused pinky or thumb. Printing & Scanning While on the Run Being on the road doesn’t have to mean no printing, no scanning or no mailing. If these are tasks you regularly need to complete while away from the office, your options are to carry your own or learn to use walk-in business services provided at retail stores such as UPS, FedEx or Office Depot. You can visit Amazon and search for a portable printer or scanner to see and review a bevy of affordable options. We can highly recommend Fujitsu ScanSnap scanners — they are widely used and highly regarded in the legal community. If you travel light, then becoming comfortable with walking into a business service shop will make your life much easier. Know that you can email and even pay for a print job ahead of time at
shops like Office Depot; know that you can also connect to your Dropbox or Google Drive account right on a multi-function device in one of these shops; know that you can also plug your USB drive right into these handy devices. The key to using these services is to get comfortable ahead of time so you aren’t frustrated and struggling while in a rush.
SOFTWARE Microsoft Oﬃce Microsoft Office 365 is a true gift for all lawyers. For $8-12 per month/per user, you have peace of mind in knowing that your most critical software services are active and updated. You can install Word, Outlook, Excel and PowerPoint on five devices. If you choose to use its document storage service (Microsoft OneDrive), then your documents will synchronize across those devices. There are many more benefits to the subscription service so if you are still holding out, wait no longer! Add-Ons More and more, add-ons are becoming normal to our daily computer use. Also known as extensions, apps or add-ins, they are often a third-party software script, app or service added to a program to give it additional features and functions. They can, and do, exist in browsers like Chrome, in programs like Outlook, and as apps like Grammarly for your mobile phone. Some of our favorite add-ons for Microsoft Word are WordRake and PerfectIt. Virtual Assistants Learning to use virtual assistants like Google, Siri and Cortana can help you power through the day with your voice. You can talk to them like a human assistant: • “Hey Google, what is 90 days before Nov. 3, 2020?” • “Siri, set an appointment for 3:30 p.m. to call Mike with a matter update.”
• “Alexa, add paper towels to the Office Shopping List.” There’s even a great add-on (Hey! See how we did that?) for Alexa called Tali that allows you to call out your billable activity and log it to many of today’s modern practice management programs. Keeping Your Client Information Private As mobile lawyers, one must not forget that duty to protect your client’s information. • Encrypt your computer hard drive (BitLocker on a PC and FileVault on a Mac) • Password protect your devices with complex passcodes • Have a privacy screen on your laptop, tablet and phone screens Want more insight into being a tech-savvy legal practitioner? You can find more resources at the Law + Tech section of the SDCBA website. Members also get the benefit of #TechTuesdays programming every Tuesday and free consults with Member Technology Officer Adriana Linares (firstname.lastname@example.org). The SDCBA Technology Committee's purpose is to demystify the intersection between law and technology by identifying resources, content and programming to help members achieve, at a minimum, basic competency in legal technology to satisfy their ethical obligations, to keep members updated on new technology and to educate our members on how technology will benefit their business administration, client interaction and case resolution. Adriana Linares (email@example.com) is SDCBA’s Member Technology Officer. Renée Stackhouse (firstname.lastname@example.org) is a director for the San Diego County Bar Association and founder of Stackhouse, APC.
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THE OSTRICH EFFECT: UNDERSTANDING DIGITAL ASSETS BY JUSTINE M. PHILLIPS
gnorance is bliss, at least until a statute makes intentional stupidity unlawful. The California Consumer Privacy Act of 2018 (CCPA) mandates extrication of all those heads buried deep in the sand about what data businesses store and how it is used, shared and secured. This article explores why burying our heads in the sand about digital assets is wrong on many levels. MISNOMERS ABOUT OSTRICHES & DATA Ostriches are the inspiration for the saying, “Don’t bury your head in the sand.” Apart from cartoons, I never saw an ostrich put its head in the sand but readily accepted it as true because so many others held the same belief. In fact, ostriches don’t bury their heads in the sand. Nevertheless, intentionally ignoring what is most dangerous to you is commonly known as the Ostrich Effect, which conveniently brings us to data management. The single greatest peril to data is ignorance of its existence. You cannot disclose to consumers what happens to their data if you don’t know you have it. You cannot secure it, sell it, forget it or manage it unless you first know what you have.
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WHY IS CCPA SUCH A BIG DEAL? Big data was unregulated until CCPA was hastily rushed through the legislative process. There was no law that required an organization to fully understand and inventory all of its electronically stored information. Consistent with this lack of regulation, many businesses did not think of consumer data — like IP addresses or unique identifiers — as data that “belonged” to consumers. Similar to a fingerprint left on a door, IP addresses or unique identifiers are artifacts that consumers leave when they visit a website. Many businesses do not know what type of unique identifiers it may collect, how they are used, or how to recall and delete them. Simply put, CCPA requires businesses to dedicate significant resources and time to understand what consumer data they collect. Here are some basics on CCPA: • Businesses must disclose data collection and sharing practices to consumers • Consumers have a right to request their data be deleted or forgotten • Consumers have a right to opt out of the sale or sharing of their personal information
• Businesses are prohibited from selling personal information of consumers under the age of 16 without explicit opt-in consent; for children under 13, the opt-in must be collected from a parent or guardian • Individuals have a private right of action with steep statutory fines and penalties if businesses fail to safeguard data and it is breached SHIFTING PERSPECTIVES ABOUT CONSUMER DATA The first thing a business that pulls its head out of the sand may realize is that the legal and regulatory landscape is shifting: organizations must now think about consumer data as “borrowed” until such privilege is revoked by consumers. In other words, the company no longer “owns” all of the data it collects. Previous laws required certain disclosures about cookies or tracking, online privacy policies, or notice to consumers if their personally identifiable information was compromised. Consumers, however, did not have the right to request that an organization identify or delete their personal information. CCPA makes clear that the owners of “personal information” are the consumers themselves and they
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have a right to request that their data be identified and “forgotten.” The second major departure from traditional state privacy laws is the expansion of “personal information.” Previously, personally identifiable information was limited to sensitive data like name in combination with Social Security numbers, driver’s license numbers, financial information, health information, emails and passwords. Under CCPA, the definition of “personal information” includes anything that “identifies, relates to, describes as capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” This broad definition includes IP addresses, cookies, unique identifiers, biometric data, email addresses, account names, aliases and many more types of data that have never been regulated in the United States. Most organizations have not identified or mapped the data elements regulated by CCPA. WHAT DO LAWYERS HAVE TO DO WITH DIGITAL ASSETS? Compliance and risk are often delegated to legal teams; navigating CCPA is no exception. However, lawyers are not often experts on information technology or
security. So what value do lawyers add to managing digital assets? Foremost, if a lawyer is leading the project there is a presumption of privilege. More importantly, attorneys know how to conduct investigations, create charts, ask questions, paraphrase, and delegate — all essential qualities to sound information governance. While many organizations may have a basic understanding of key databases that include sensitive personal information like Social Security Numbers, dates of birth, financial information, intellectual property or crown jewels, they generally do not understand how or why data flows across the organization. THE RISK IS REAL Effective Jan. 1, 2020, Californians can request a covered entity to identify and delete all their “personal information” for the last 12 months. New legislation proposed by California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson (SB 561) will revise CCPA to add a private right of action for consumers to enforce this “right to be forgotten.” If an organization has not mapped their data and developed processes for identifying and deleting data, the risk of class actions is high. This empowers consumers to pursue class actions where
each consumer may stand to recover statutory damages for each violation. If the amendment mirrors CCPA’s statutory damages for data breaches — which provides $150-750 per consumer per incident — then companies may face multimillion dollar payouts. IF WE KNOW BETTER, WE DO BETTER Organizations know data can be dangerous and have buried their heads deep in the sand about unregulated data. CCPA’s broad reach mandates a fundamental awareness and mindfulness about all types of data a business collects and maintains. The natural consequence of knowing data exists is to further analyze its costs/benefits. If the benefits outweigh the risk, the data will be maintained. If the inverse is true, the data may not be collected. Confronting these truths about data management will ultimately make organizations more aware. And the first step toward change is overcoming the Ostrich Effect and increasing awareness. Justine M. Phillips (email@example.com) is a Partner at Sheppard, Mullin, Richter & Hampton LLP.
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WHERE IS BITCOIN NOW? NEWS ON CRYPTOCURRENCY BY JULIE T. HOUTH
BRIEF TIMELINE OF BITCOIN It has been a decade since Bitcoin, the first cryptocurrency, emerged into the public eye on Oct. 31, 2008. On that day, an unknown person using the alias, Satoshi Nakamoto, sent the first email in a series of messages that said, “I’ve been working on a new electronic cash system that’s fully peer-to-peer, with no trusted third party.” Cryptocurrencies, like Bitcoin, use the blockchain technology, which pioneered the vision of virtual assets using decentralized control. Bitcoin’s use was intended to be a type of currency that removed the support of third parties, like banks. Since Bitcoin’s 10th birthday, different types of cryptocurrencies have emerged, vanished or evolved. During this time, many well-known companies accepted Bitcoin as a form of currency to purchase services or goods including WordPress in 2012; The D Las Vegas Casino Hotel, NewEgg and Dell in 2014; and Steam in 2016. Even though some companies have accepted Bitcoin as a form of currency, it did not seem to be fully embraced by society. Furthermore, government entities had yet to accept Bitcoin or any other cryptocurrencies as payment, so it wasn't taken seriously. BITCOIN ACCEPTED AS PAYMENT FOR BUSINESS TAXES WITH THE STATE OF OHIO In late November 2018, the State of Ohio’s businesses were able to pay taxes with Bitcoin. Ohio is the first state to accept Bitcoin as payment for tax bills. According to The Wall Street Journal, Ohio’s State Treasurer, Josh Mandel, has an interest in Bitcoin and stated the he does “see [Bitcoin] as a legitimate form of currency.” The State of Ohio’s acceptance of Bitcoin does not necessarily make Bitcoin a legitimate form of currency, but it does provide some kind of government approval,
which is something Bitcoin and other cryptocurrencies have lacked in the past. Other states like Arizona, Georgia and Illinois have considered Bitcoin as a form of payment for taxes, but have yet to move forward with this consideration. For now, Ohio is the only state to accept Bitcoins for tax payments of businesses. Those who file in Ohio will send their tax payments to BitPay, an Atlanta-based payment processor. BitPay will then convert the Bitcoins into U.S. dollars. SECURITIES REGULATION COMMISSION MOVES TO REGULATE CRYPTOCURRENCIES AND INITIAL COIN OFFERINGS Cryptocurrencies have come a long way since 10 years ago, but it is still a very new area of investment. Prospective investors and current investors worry about the unpredictable value, lack of regulations and consumer protections that surround the cryptocurrency market unlike investments in stocks that are regulated by the Securities Exchange Commission (SEC) and therefore provide consumer protections. Unfortunately, the cryptocurrency market has not been doing well in terms of price. Bitcoin has taken a deep dive from its peak around mid-December 2017, which was around $19,783. It is currently valued at around $3,400 as of Jan. 31, 2019. In addition, the room for potential fraud is vast, but some investors believe that the risks are outweighed by the possible financial rewards. The SEC has worked toward implementation of laws for the investment of cryptocurrencies including Initial Coin Offerings (ICOs). ICOs allow smaller businesses to reel in investors in contrast to Initial Public Offerings (IPOs), which typically involve larger companies and transitions the companies into a publicly traded and owned entity. ICOs essentially allow accredited investors to
fund the creation of a blockchain that will compensate them in coins. These coins can then be used on the network or traded for other cryptocurrencies. A big difference between an IPO and an ICO is that an ICO does not provide equity in the company. ICOs were a lot riskier because several incidences of fraud emerged from ICOs and there were no protections offered by the SEC until a recent court ruling in New York. In September 2018, Federal Judge Raymond Dearie ruled that a Brooklyn businessman would need to stand trial on fraud charges related to ICOs, and thus, ICOs are subject to U.S. securities fraud laws. Shortly after this ruling, on Nov. 29, 2018, the SEC announced that it settled charges against professional boxing champ Floyd Mayweather Jr. and music producer DJ Khaled for failing to disclose payments they received for promoting investments in ICOs. They became the first celebrities to face punishment over their roles in touting cryptocurrency. The SEC has set a stricter precedent in terms of the enforcement of U.S. securities fraud laws and ICOs. CRYPTOCURRENCY’S NEXT CHAPTER There is no denying the extreme up and down changes in Bitcoin and most cryptocurrencies in the market. If an individual is interested in investing in this industry, it might be wise to consult a professional in the cryptocurrency field before making the final jump to invest. The future of cryptocurrencies as a form of currency is unclear, but what is clear is that the blockchain technology that is used has already proved to be useful to many businesses including the legal field. This area is still very novel even at the 10-year mark, but many fans of Bitcoin and what it can provide are rooting for it to succeed. Julie T. Houth (firstname.lastname@example.org) is a staff attorney at Robbins Geller Rudman & Dowd LLP. March/April 2019 SAN DIEGO LAWYER 33
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PRACTICING CYBER LAW IS NOT JUST ZEROS AND ONES By Justine M. Phillips and Jessica Gross
yber is an emerging area of law that is fascinating, challenging and rewarding. Throughout San Diego, cyber attorneys are finding themselves advising clients on issues related to artificial intelligence, cybersecurity, data privacy, eCommerce, information governance, thirdparty service agreements, and insurance, among other things. As more technologies integrate into our day-to-day lives, there is no question the need for cyber lawyers will continue to grow. But statistics across sectors show a dearth of professionals who can fulfill roles related to data security and information technologies. Without question, part of the shortage stems from misconceptions about this practice area. We are here to demystify the practice, what it means to be a cyber lawyer and hopefully encourage you to venture into cyberspace. MYTH #1: CYBER LAWYERS NEED TO HAVE A COMPUTER SCIENCE DEGREE OR TECHNICAL SKILLS While attorneys must “have sufficient learning and skill when the legal service is undertaken” [Cal. Rule of Prof. Conduct 1.1(C)], being a competent cyber lawyer does not require a degree in computer science, software engineering or even a technical background. This is just as an attorney practicing medical malpractice does not need to be a doctor. All that matters is that you “acquir[e] sufficient learning and skill before performance is required” (Id.). If you have a natural curiosity about how technological developments affect real-world problems, then learning this area of law and gaining the experience you need to be a competent cyber lawyer will come easily. To the extent attorneys need to acquire additional expertise, there are many educational opportunities throughout San Diego. Community organizations regularly provide free or low-cost seminars with CLE opportunities, including the San Diego ESI Forum and the San Diego County Bar
Association. Other national and industry group resources are increasingly being catered to this profession, providing more and more conferences and workshops on the full gambit of issues in cyber. For example, IAPP Knowledge Net offers privacy and security seminars, as well as InfraGuard San Diego — an FBIaffiliated nonprofit 501(c)(3) dedicated to mitigating criminal and nation-state threats, which also affect private companies and individuals. Finally, there are several certificate programs for those who want to truly pursue expertise, such as CIPP and CISSP certifications. MYTH #2: CYBER IS FOR PEOPLE WITH LOGICAL MINDS, NOT PEOPLE WITH CREATIVE MINDS People who enjoy challenging and creative work thrive in this area. Matters in cyber often involve crisis management and triage. This is particularly so in the case of responding to a ransomware attack, data breach or fraudulent wire transfer. In such instances, cyber lawyers liaise with in-house counsel, law enforcement, IT and forensic investigators to craft novel solutions to unique threats, all the while managing the varied and sometimes competing view points from stakeholders involved. In this sense, you must be a flexible and adaptive problem-solver to be effective, which are skills most often expressed by creative minds. MYTH #3: CYBER IS A COMPLETELY NEW FIELD DEPENDENT ON NOVEL LEGAL CONCEPTS For better or for worse, cyber lawyers continuously find themselves applying well-established laws and legal concepts to problems in cyberspace. For example, trade secret theft today commonly involves a worker exporting computer files onto a USB or through their personal email, as opposed to copying physical files or walking out of the office with company property. But these new circumstances under which
trade secret theft may occur do not change the California Uniform Trade Secrets Act or the burden of proof to succeed on such claims. Similarly, vendor management and third-party contracts are involved in many aspects of a cyber law practice. Thus, strong contract drafting skills or experience in transactional law can help a cyber attorney ensure a servicing agreement contains appropriate indemnification clauses and liability limitations. What remains important throughout is gaining a strong understanding of any technological aspects of matters that touch cyber, then creatively applying those considerations to traditional legal concepts. CONCLUSION Cyber law is a growing field that will continue to expand as we increasingly become dependent on technologies in our day-to-day lives. According to a 2017 study sponsored by Herjavec Group, a leading global information security advisory firm, there will be 3.5 million unfilled positions in cybersecurity by 2021. While this number reaches beyond just cyber lawyers, it reflects the reality that many shy away from a career in cyber. At least some of this is because of common misconceptions about the field. But cyber is not just zeros and ones: it is a dynamic area of law that touches both the mundane and sacred aspects of our modern human experience. And in this way, it is one of the most interesting and important practice areas an attorney can pursue. Justine M. Phillips (firstname.lastname@example.org) is a Partner at Sheppard, Mullin, Richter & Hampton LLP. Jessica Gross (email@example.com) is an attorney at Sheppard, Mullin, Richter & Hampton LLP.
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WHAT IS A CLIENT RELATIONSHIP MANAGER? NO, OUTLOOK DOESN’T COUNT BY TAYLOR DARCY
client relationship manager (CRM) is more than just a place to store your potential clients. So. Much. More. Yes, in its most primitive form, it is a place to hold your leads. However, CRMs come in all shapes, sizes and costs. A good CRM helps you to communicate and follow up with your leads, so they do not fall through the proverbial cracks. After a CRM is set up, the hardest part is entering the potential client’s information. After that, it’s just a matter of following up and making sure the client retains you when the time is right. Many CRMs have a pipeline feature that allows you to see where someone is in the client acquisition process. The best ones automatically follow up with your potential clients for you. Depending on the CRM, they will also give you email marketing, an essential way to help clients remember you when they are ready or tell their friends about you. Perhaps the most critical feature of a CRM that Outlook cannot give you easily is analytics. Analytics tell you who retains you and where they found you. Analytics will allow you to see what your retention rate is and who is sending you the most clients. That way you can either thank the referral source, or you can spend more money on the marketing method that sends you the most leads. This requires that you track the information, something relatively challenging to do with just Outlook. You will also need to understand and use a spreadsheet program such as Excel or Numbers (if you are on a Mac) to do the same data analysis that most CRMs have built in. You can do the analysis, but given that most attorneys bill by the hour, time is money, so why spend it analyzing something that a CRM can do more efficient and faster than you?
Most CRMs allow you to integrate with other programs; for instance, you can send electronic intake forms to the potential client to save time at their intake appointment and already understand their matter. This preappointment data entry also saves you or your staff the trouble of inputting their information (potentially avoiding human error in the data entry process) into your system. Depending on the CRM, it will also allow you to collect relevant documents before the intake appointment so you can review them when convenient rather than when the client is sitting in front of you. Another useful integration allows you to send your engagement agreement electronically for the potential client’s signature; thus, you can close over the phone or via a Zoom or Skype call instead of in person. Another integration exceptionally useful in a CRM is the one that integrates with your practice management software. This saves you countless time and data entry (again, another place to avoid human error). In a matter of just a few minutes, you can take the potential client and make them an actual client. Perhaps one of the best integrations is that many CRMs will integrate with your electronic calendar, so you will never have to worry about double booking yourself or forgetting to input the appointment. The CRM and your calendar will do it all for you. Many attorneys fear the unfamiliar; they like what has worked. A CRM need not be a big scary thing; it can just be another tool like Word or WordPerfect that helps you do your job efficiently and effectively. Spending the time to get to know a CRM will only help you grow your practice and make you more profitable. Taylor Darcy (firstname.lastname@example.org) is owner and founder of Darcy Law. March/April 2019 SAN DIEGO LAWYER 37
MAKE MENTAL HEALTH A PRIORITY By Christopher W. Todd with a substantial assist from Susan R. Todd Esq. (retired)
“The brain is a very flexible organism.” I have heard this quote with my own ears – several times, in fact. Try to picture someone with mental illness. The picture you call to mind probably isn’t your spouse or best friend. Is it Jack Nicholson in “One Flew Over the Cuckoo’s Nest?” When you think of mental illness, do you see a leather couch, with the head reclined at about a 30-degree angle, and a European-accented psychoanalyst? Take another moment or two and look at the head-shot accompanying this article. See that picture of the author? That is a picture of mental illness. I have had depression for most of my adult life, but I didn’t really know it, acknowledge it, or own it, until I had a crisis in my 50’s. Over the years, I had what I thought of as “the seasonal blues.” I would approach the end of a given year, and everything around me looked bleak, even though we were still in sunny Southern California. My confidence ebbed. My social skills deteriorated. My belief system faltered. My self-worth was down around zero. I have always thought of myself as a quiet guy. During “the seasonal blues,” I didn’t want to be in the limelight, even though my job – you know, civil trial lawyer – kind 38 SAN DIEGO LAWYER March/April 2019
of put me there regardless. There have been times in the past, when things were particularly stressful, where I have even considered suicide. After a particularly bad episode in 2013, I began to receive treatment with the help of a fantastic psychiatrist. He coincidentally is married to a lawyer. When I started to receive this treatment, suddenly the world looked very different to me – a much better different. I began to realize, and could hardly believe, that what I had been living all my adult life was not necessarily the norm. I did not know how common depression is in the general population. According to the Anxiety and Depression Association of America website, major depressive disorder is the leading cause of disability in the U.S. for ages 15 to 44.3. Further, major depressive disorder affects more than 16.1 million American adults, or about 6.7% of the U.S. population age 18 and older, in a given year. While major depressive disorder can develop at any age, the median age at onset is 32.5 years old. According to David Burns, M.D., author of Feeling Good: The New Mood Therapy, “depression has been called the world’s number one public health problem. In fact, depression is so widespread it is considered the common cold of psychiatric disturbances.” Yet there are
still so many negative connotations to admitting that you have depression which, yes, is a “mental illness.” In the warrior mentality of the courtroom, it is nearly impossible to admit any “weakness.” But, guess what? Depression is an illness, it is not a weakness. “Depression is not a necessary part of healthy living,” as Dr. Burns notes. Though according to a wellknown American Bar Association study, 28% of practicing lawyers experience symptoms of depression, the trial lawyer, or any other lawyer, does not have to just accept that. There are ways to break the cycle. Mental illness takes many forms. Depression, one of the most common among the population, may be characterized thus, according to Dr. Burns and other sources: •
Do you engage in all-or-nothing thinking? If your performance falls short of perfect, do you see yourself as a total failure?
Do you overgeneralize? Do you see a single negative event as a neverending pattern of defeat?
Do you feel worthless and inadequate sometimes?
• Do you employ the wrong type of mental filter? Do you pick out a single negative detail, dwell on that detail, and lose your vision as to everything else?
Do you disqualify the positive? Do you insist that positive experiences “don’t count?”
Do you read the same thing over and over and over and not understand a word of it?
Do you jump to conclusions? Do you arbitrarily conclude that someone is reacting negatively to you, without even bothering to check it out? Or do you anticipate that things will turn out badly, with that bad outcome an already established fact?
Do you catastrophize? Do you exaggerate the importance of your goof-up?
Do you use should statements? Do you try to motivate yourself by whipping and punishing yourself?
Do you personalize? Do you see yourself as the cause of some negative external event, which, in fact, you were not primarily responsible for?
During “the seasonal blues,” I have temporarily felt some of these things. However, with a hard stop, then medication, help, and time, these things which might make it quite difficult to be a lawyer do, in fact, lessen. When I had been mired in these forms of distorted thinking, everything else seemed to cascade down. Distorted thinking is common, and difficult. I found concentrating difficult. I found getting started on projects difficult. I sometimes was sleep-deprived and would wake up exhausted rather than refreshed. I sometimes believed that I was a failure in most things I did. If you or others you know have felt these things also, it wouldn’t be that surprising. As lawyers, our daily dose of stress, deadlines, exhaustion, taking on too many projects, lack of sleep, and too much work can exacerbate depression and mental illness. That’s why we all need to be awake to mental illness and for awareness to be a top priority. If you feel, or if someone you know tells you that they feel, any of these signs and symptoms, take the time to listen. My wife Susan, who knew very little about depression before mine, embraced the huge learning curve she was forced
"Don’t ever be “embarrassed” to bring up mental illness and depression. If you only reach out to one person based on your concerns for yourself or others, a life can literally be saved."
to confront. She helped me. But better yet, she helped our eldest college-aged daughter. Our daughter never knew that depression was “a thing.” After seeing certain behaviors one summer, Susan talked to our daughter about some of the signs and symptoms of depression. Our daughter was so relieved to realize there was a reason for the way she felt a great deal of the time. She was excited to learn, just as I learned, that she didn’t have to feel that way, so long as she got and adhered to regular treatment. It is fair to debate some concepts, because I have debated these: I am reasonably successful; I had a wonderful and happy childhood; I have a great family, immediate and extended; I have awesome friends who are there for me when I need them; I have respectful colleagues at Wingert Grebing; I have everything I could possibly need. But I have depression. Depression is not something that only happens to people who have suffered abuse or have had extremely difficult lives. It can happen to anyone. The stories we tell ourselves, to our detriment, are quite possibly a sign of depression. Take the time to learn about mental illness, particularly if you or someone you care about seems a little off, or a little down. “The brain is a very flexible organism.” I know this, because my brain once took me to some very deep, dark places. However, now, with appropriate medication and counseling, I do actually feel on the inside, what many of you may think that I express on the outside.
Don’t ever be “embarrassed” to bring up mental illness and depression. If you only reach out to one person based on your concerns for yourself or others, a life can literally be saved. Susan saved mine. Probably, Susan saved our daughter’s. Feel free to call or email me any time – I am happy to talk to you and I will have an empathetic ear for you and your situation. If that would be too personal, then try The National Institute of Mental Health Information Resource Center. But don’t ignore it, like I did, as it won’t go away on its own. And it does get better, I promise. Chris Todd is a partner at Wingert Grebing Brubaker & Juskie LLP. He can be reached at his direct line 619-744-7009, by cell 619379-8152, or by email ctodd@wingertlaw. com. The National Institute of Mental Health Information Resource Center (NIMH » Home) is available M-F 5:30 a.m. - 2:00 p.m. Pacific Time at 1-866-615-6464 or email@example.com.
Christopher W. Todd (firstname.lastname@example.org) is a Partner at Wingert Grebing Brubaker & Juskie LLP.
March/April 2019 SAN DIEGO LAWYER 39
2019 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 their careers. Each honoree is recognized with a permanent plaque inside San Diego County Courthouse’s Hall of Jus�ce.
To make a contribu�on on behalf of a past or present inductee or to make a general dona�on to the Founda�on, please visit: sdcbf.org/donatedlm
Defense Fund: Aiding the Wrongfully Convicted and the Homeless
hat happens if you are accused of a crime and cannot afford legal help? Or even worse, what happens if you’re blamed for a wrongdoing that you did not commit? Through its Indigent Criminal Defense Fund (ICD), the San Diego County Bar Foundation supports organizations that deliver effective legal representation and programs for those who do not have the means to hire an attorney. This year, the Bar Foundation’s ICD fund awarded eight grants totaling $380,000 to various nonprofits that provide vital legal services to those in need. The grants aid diverse segments of society – among them people who are homeless, juveniles, veterans and wrongly convicted criminal defendants – yet two fund recipients are making an especially significant contribution to San Diego’s at-risk community. Fighting Injustice Many factors – false confessions, mistaken identify and corruption – can lead to one of the legal sector’s worst nightmares: wrongful convictions. In an effort to exonerate the unjustly accused, the single largest award from the 2018 Indigent Criminal Defense Fund was a $100,000 grant benefitting California Western School of Law’s California Innocence Project (CIP), which focuses on overturning wrongful conviction cases. Since its inception in 1999, CIP has been at the forefront of changing outdated California laws and policies related to preserving evidence, litigating innocence cases and compensating exonerees. With
the ICD grant, CIP has created a one-year program titled, “Strengthening the Criminal Justice System: Training Fellows in Wrongful Conviction Work” – hiring two post graduate fellows to investigate and vet wrongful conviction cases. In addition, the grant covers community training sessions for San Diego defense attorneys who represent indigent defendants. Helping the Homeless Recent reports revealed that San Diego has the fourth highest homeless population in the country, and for multiple reasons, many of those experiencing homelessness battle ongoing legal problems. To alleviate this problem, another notable ICD grant of $30,000 went to Father Joe’s Villages Homeless Court Program (HCP), which helps residents cope with the legal issues that keep them from obtaining crucial housing, jobs and public benefits. The program has a stellar track record and has earned national acclaim. As an example, when San Diego’s homeless population was devastated by a hepatitis A outbreak, causing 578 cases and 20 deaths in 2017, HCP was there to help. In an effort to “sanitize” neighborhoods and control the outbreak, the City issued citations, forcing the homeless from downtown and placing an overwhelming burden on this vulnerable population. HCP was able to dismiss 215 legal cases and help satisfy over $63,000 in fines. By proactively helping the homeless prepare for court, this forward-thinking program has not only
influenced the lives of indigent San Diegans, but has served as a national example. It is the country’s first legal service that is dedicated solety to assisting individuals in a homeless court
“Whether it’s a matter of helping the destitute or wrongfully convicted, we are dedicated to providing legal services for the underserved,” said Monica Sherman Ghiglia, president of the Bar Foundation. “The programs we support can be lifechanging – but ultimately, our goal is to make sure everyone that needs quality legal representation, has it.” With its Indigent Criminal Defense Fund supporting visionary organizations such as the Homeless Court Program and the California Innocence Project, the San Diego County Bar Foundation is poised to continue making an impact by helping those that don’t have access to justice – paving the way for lasting change in the region. To donate or to learn more about the Indigent Criminal Fund, please visit the San Diego County Bar Foundation’s website at sdcbf.org. Your contributions make a difference!
March/April 2019 SAN DIEGO LAWYER 41
WHEN ? WHAT TO DO
Introduction: In this new feature, Jan Maiden, former SDCBA Board Member, recounts a situation in which a client threatened her license and how she addressed it. I practice family law, where the saying goes, â€œWe see even the best people at their worst.â€? A young man retained me to represent him in his divorce. It seemed very straightforward until his wife filed a temporary restraining order against him and he was also charged in a criminal case. He became extremely hostile and confrontational. I found out from his family that he had a psychiatric diagnosis and had been using methamphetamine. After he threatened to report me to the State Bar, I immediately
contacted the attorney who had handled my anti-SLAPP case and consulted with him about how to respond. I was very careful on how I worded every email to the client and actually had the malpractice attorney review some of them. Because of the clientâ€™s allegations, I also prepared a complete chronology of what had happened in the case. Fortunately, the client signed a substitution of attorney, or I would have had to file a motion to be relieved.
Daniel Cleveland (Civic-Minded Lawyer) By George W. Brewster Jr.
hen the State of California came into being in 1850, San Diego had three practicing attorneys. By 1866, the number of attorneys registered in San Diego numbered nine, but only one was practicing (three had retired, and five were on the bench). Seeing a need for lawyers, local merchant Abraham Hombeck convinced William Cleveland, the lawyer son of a prominent New York attorney, to come to San Diego. Before coming to San Diego, William had gone from New York to San Antonio. His brother, Daniel, followed William to San Antonio and later, to its good fortune, San Diego. Our focus is on Daniel. Daniel must have made quite an impression on people. In 1865, just six years after moving to San Antonio, the Provisional Governor of Texas commissioned Daniel as the Mayor of that city. William left for San Diego the next year (1866), and Daniel left for San Francisco in 1867. In 1869, Daniel came to San Diego on a steamship from San Francisco, establishing a friendship with fellow passenger Alonzo Horton. Horton and the Cleveland brothers bought up a lot of land in what was known as New Town (or Horton’s Addition; the brothers’ property was known as “Cleveland’s Addition”). Daniel, William, Alonzo and a couple of others opened a bank (Bank of San Diego), and things took off from there. As you may know, Alonzo Horton is considered the father of San Diego, having donated land for churches, piers, the courthouse — all to get commerce moving, and also moved to New Town. Daniel Cleveland was, incidentally, a real estate/land use attorney, and in or about 1870 helped lead the fight against a land grab attempt for park land that had been set aside under Mexican rule. This park land later became Balboa Park. Around 1872, William again moved away from Daniel, this time to go back East, where he died the next year in Concord, New
Hampshire. Daniel inherited all the property owned by the Cleveland brothers in San Diego — and this time, without his brother to follow, he stayed put in San Diego. In the history archives of the San Diego County Public Law Library are hundreds of files that had been organized by Leland G. Stanford, the law librarian from 1951-1971. In one of his books on San Diego legal history, he states that the Cleveland brothers were “identified with the highest type of legal practice, real estate development and cultural activities.” (Footprints of Justice, page 69). Other than photographs of William and Daniel, his labeled files for each are both empty. However, in a collection of essays about the Bench and Bar of San Diego found in the archive, we learn little about William, other than he was a partner with Daniel and a “very able lawyer.” Joy Copenhaver, a distant cousin of the Cleveland brothers (who is doing research on them) described William as an expert linguist and defended cases in five different languages. As for Daniel, she noted that he was legal counsel for railroads, banks, churches, the Natural History Museum and “many other civic necessities of the developing city.” A historical overview of early San Diego said this of Daniel Cleveland: “Mr. Cleveland was an active participant in all the city’s important steps of progress. He was attorney for the Texas & Pacific Railway five or six years … and was attorney for the Bank of San Diego during its existence. He became a very large property owner and a public-spirited citizen. In the practice of law his course was always dignified and his attainments and talents commanded respect. He was one of the founders of the San Diego Society of Natural History, its president for a time, and always an active member and contributor.” (“Bench and Bar of San Diego”, Black’s History of San Diego County).
The San Diego Herbarium was founded on the collection of Daniel Cleveland, which dated back to the 1870s. Many of the original specimens obtained by the Society of Natural History are gifts from him. According to the San Diego Natural History Museum website, it was founded in 1874 by five men, one being Daniel — and it is the oldest scientific institute in Southern California. In 1917 the society purchased vacant Balboa Park buildings left over from the 1915 Panama-California Exposition. (The present location of the Natural History Museum (or NAT) in Balboa Park was dedicated in 1933). This Society — Cleveland among them — petitioned to create the Torrey Pines State Reserve (1885), the Anza-Borrego Desert State Park (1885) and garnered support for the establishment of the San Diego Zoological Society. Records indicate that by 1915 Daniel was a “non-active member” of the local bar, and there are no bar association records showing he was active in the San Diego County Bar Association (established in 1899, when he was 60 years old). Instead, he turned his attention to civic matters. Given his family history with the Revolutionary War (including the Battle at Bunker Hill), he established the San Diego Chapter of the Sons of the American Revolution in 1894. Daniel Cleveland died in San Diego on Jan. 3, 1929, at the age of 90 years and 9 months old. For a number of years after his death, a group of San Diegans gathered together every March 21 (Daniel’s birthday) to honor him. He was described as one “whose quiet dignity, honesty, and fearlessness brought him, not money, but the joy of being identified with the most prominent civic improvements since 1869.” George W. Brewster Jr. (email@example.com) is a retired attorney after 35 years in practice, including JAG, private practice and the last 30 with the County of San Diego, Office of County Counsel. March/April 2019 SAN DIEGO LAWYER 43
SAVE THE DATE
2019 SIGNATURE EVENTS
ANNUAL AWARDS LUNCHEON & CELEBRATION OF COMMUNITY SERVICE - MAY 1 This annual event celebrates community service and recognizes SDCBA Service Award Winners and student winners of our Law Week Poster and Video Contest.
ANNUAL SUMMER SOCIALS - JUNE 26 & JULY 10 The Downtown event features live music, a casual vibe and is held on the terraces at 401 W A Street. The North County event takes place at a restaurant/bar venue convenient for those that practice north of Carmel Valley.
ANNUAL BENCH-BAR LUNCHEON SERIES SEPTEMBER/OCTOBER This events brings together attorneys and judicial officers to discuss issues of mutual interest. The 5 luncheons span multiple regions and specialties.
ANNUAL HOLIDAY PARTY STEPPING UP TO THE BAR â€“ DECEMBER 6 Our annual holiday reception. Always held the first week in December, we come together to celebrate the season and install the incoming SDCBA President and Board of Directors.
For more information visit: www.sdcba.org/calendar
INTRODUCING THE SAN DIEGO LAW LIBRARY EXECUTIVE BOARD FOR 2019 The San Diego Law Library is pleased to announce the Executive Board for 2019. We are very grateful to our Board Members who volunteer their time to ensure that the San Diego Law Library runs smoothly. They join our other Law Library Board of Trustees members Judge David Berry, Judge David Gill, Judge Julia Kelety and Judge Truc Do. Mara Elliott (President) Mara Elliott serves as the San Diego City Attorney. Elliott is the first woman and first Latina to serve as City Attorney in San Diego’s history. Prior to joining the city, she was a Senior Deputy County Counsel, where she advised the County of San Diego’s Finance and General Government Group, Public Safety Group, Community Services Groups, and Health and Human Services Agency. She also served as Deputy General Counsel to the San Diego Metropolitan Transit Development Board, where she advised on the expansion of public transit. A long-time community leader, President Elliott works to advance the status of women in the law, and was honored as Advocate of the Year for her work for the National Multiple Sclerosis Society. Judge Joseph P. Brannigan (Vice President) Judge Brannigan has spent his entire career in public service. He served as an Army officer, FBI agent, Deputy District Attorney and Assistant U.S. Attorney. He moved to San Diego in 1986 to join the San Diego County District Attorney’s Office. Judge Brannigan is a member of The San Diego County and Federal Bar Associations, as well as The Society of Former Special Agents of the FBI. Jeﬀrey D. Cawdrey (Secretary) Jeffrey D. Cawdrey is a partner in Gordon & Rees’ San Diego office and national co-chair of its Bankruptcy, Restructuring & Creditors’ Rights practice group. Cawdrey has previously held leadership positions on the Law Library Board of Trustees, including President and Vice President. Lorena Slomanson (Treasurer) Lorena Slomanson is Director of Development with the Legal Aid Society of San Diego. A native San Diegan, Slomanson received her J.D. from Thomas Jefferson School of Law and serves on the Alumni Association’s Board of Directors. Prior to entering the field of public interest law, she practiced civil litigation, focusing on personal injury and consumer protection. Slomanson has been recognized for her commitment to access to justice by the Board of Governors of the State Bar of California and by the Legal Aid Society.
SAN DIEGO COUNTY BAR ASSOCIATION
RENEW YOUR MEMBERSHIP As an SDCBA member you will continue to enjoy: Exclusive access to the Bar Center at 401 Member-only social, educational and cause-specific events Opportunities to network with 10,000 + members Lawyer Referral and Information Service (LRIS) Law Practice Management, Marketing and Technology Live, virtual, on demand and specialization credit CLE Discounts on practice related goods and services
Friend & Patron Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members for their outstanding commitment and generous support in 2019. PATRON MEMBERS Marc D. Adelman
Alexander Isaac Dychter
Laura H. Miller
Doc Anthony Anderson
Gerald S. Mulder
Judy S. Bae
James P. Frantz
Raymond J. Navarro
Victor E. Bianchini
Matthew David Freeman
Teodora D. Purcell
Jedd E. Bogage
Douglas A. Glass
Kristin E. Rizzo
James A. Bush
Richard A. Golden
Ana M. Sambold
Jose S. Castillo
Alvin M. Gomez
Thomas P. Sayer
Van E. Haynie
Johanna S. Schiavoni
Steven T. Coopersmith
Matthew C. Hervey
Richard S. Sterger
Ezekiel E. Cortez
Stephen M. Hogan
Todd F. Stevens
Thomas M. Diachenko
Richard A. Huver
John A. Don
Garrison â€œBudâ€? Klueck
Thomas J. Warwick
William O. Dougherty
Don S. Kovacic
Andrew H. Wilensky
New 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 firstname.lastname@example.org.
FRIEND MEMBERS Laura Ashborn
Anthony J. Gizzarelli
Ronald Leigh Greenwald
Kristi E. Pfister
David B. Dugan
Marguerite C. Lorenz
Mary Beth Martin
Susan K. Fox
Distinctions The following individuals in our community were recently honored for a variety of achievements:
SDCBA Board Member and Miller, Monson, Peshel, Polacek & Hoshaw attorney Judy Bae was named top San Diego Influential Women of 2019.
Wilson Adam Schooley of Schooley Law Firm and SDCBAs ABA House of Delegates Represenative, was elected Chair of the American Bar Association Section of Civil Rights and Social Justice and appointed to the 2019 ABA Journal Board of Editors.
Amy Todd-Gher, shareholder with Littler Mendelson P.C. was honored with the 2019 International Law Officeâ€™s Client Choice Award.
San Diego Superior Court Judge Charles R. Gill retired after serving 21 years on the Bench.
Judge Leo Valentine of the San Diego Superior Courthouse passed away March 2019. He was appointed to the San Diego County Municipal Court in 1995 and elevated to the Superior Court in 1998.
ADVERTISERS INDEX ADR Services, Inc........................................ 6
Judicate West ............................................... 32
Panish Shea & Boyle LLP ..................................52
AHERN Insurance ....................................... 4
LawPay ............................................................. 36
Richard Duquette ...................................... 19
Lawyer Referral &
San Diego County
First Republic Bank.................................... 24
Information Service .........................................34
Huver Mediation ........................................ 17
Law Office of Steven C. Vosseller ..... 14
JAMS .................................................................. 28
Monty McIntyre, Esq. ..........................................42
Bar Foundation .......................................................40 USClaims ......................................................... 2 West Coast Resolution Group ............ 20
March/April 2019 SAN DIEGO LAWYER 47
EN PERC T C 2019
THANK YOU 100 PERCENT CLUB 2019 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 2019. Your leadership and dedication to our profession is truly appreciated.
Allen, Semelsberger & Kaelin, LLP Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo Balestreri Potocki & Holmes Beamer, Lauth, Steinley & Bond, LLP Bender & Gritz, APLC Bernstein Litowitz Berger & Grossmann LLP Best Best & Krieger LLP Blackmar, Principe & Schmelter APC Blanchard, Krasner & French APC Bobbitt, Pinckard & Fields, APC Brierton Jones & Jones, LLP Brown Law Group Carothers DiSante & Freudenberger LLP Casey Gerry Schenk Francavilla Blatt & Penﬁeld, LLP Christensen & Spath LLP Cohelan Khoury & Singer Collinsworth, Specht, Calkins & Giampaoli, LLP 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 Epsten Grinnell & Howell, APC Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton APC Finch, Thornton & Baird, LLP Fleischer & Ravreby Fleming PC Fragomen, Del Rey, Bernsen & Loewy, LLP Frantz law Group, APLC Garmo & Garmo LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys
Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Green Bryant & French, LLP Greene & Roberts LLP Grimm, Vranjes & Greer LLP Haeggquist & Eck, LLP Hahn Loeser & Parks LLP Henderson, Caverly & Pum LLP Hiden, Rott & Oertle, 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 JWB Family Law Klinedinst PC Koeller Nebeker Carlson & Haluck LLP Konoske Akiyama | Brust LLP Law Ofﬁces of Beatrice L. Snider, APC Legal Aid Socitey of San Diego, Inc. Lincoln Gustafson & Cercos LLP Littler Mendelson PC McCloskey Waring Waisman & Drury LLP Men’s Legal Center Miller, Monson, Peshel, Polacek & Hoshaw MoginRubin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis, APC Neil, Dymott, Frank, McCabe & Hudson APLC Niddrie | Addams | Fuller I Singh LLP Noonan Lance Boyer & Banach LLP Ofﬁce of the Public Defender Ofﬁce of the San Diego City Attorney
Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia Lutz & Dolin Pillsbury Winthrop Shaw Pittman LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP 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 Smith Steiner Vanderpool, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Solomon, Grindle, Lidstad & Wintringer, APC Stoel Rives LLP Stokes Wagner, ALC Sullivan Hill Rez & Engel, APLC Thorsnes Bartolotta McGuire LLP Tresp Law, APC Walsh McKean Furcolo LLP Wilson Elser Moskowitz Edelman & Dicker LLP Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes Wingert Grebing Brubaker & Juskie LLP Wirtz Law APC Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo
PHOTO GALLERY MEET AND GREET WITH SDCBA NEW EXECUTIVE DIRECTOR, BOARD AND PAST PRESIDENTS The SDCBA is excited to welcome our new Executive Director, Jill Epstein. The SDCBA Board and past presidents held a special toast to a successful new chapter.
L-R: Hon. Loren Freestone, Kristin Rizzo, Teodora Purcell
Lilys McCoy, Jill Epstein
L-R: Frank Barone, Lilys McCoy, Jill Epstein, John Seitman, Hon. Aaron Katz
DIALOGUE ON DIVERSITY Dr. Arin Reeves discussed implicit bias and the importance of diversity at the SDCBA’s Annual Dialogue on Diversity on February 28. Thank you to event sponsors Higgs, Fletcher & Mack LLP; Antonyan Miranda and Cozen O’Connor.
L-R: Alejandra Rodriguez, Lilys McCoy, Lizzette Herrera Castellanos, Renée Stackhouse Angelica Sciencio
Dr. Arin N. Reeves
Marissa Bejarano, Judy Bae
March/April 2019 SAN DIEGO LAWYER 49
PHOTO GALLERY MEMBER APPRECIATION DAY The SDCBA honored its members on Member Appreciation Day held February 20. Members enjoyed food, portrait sessions and fingerprint scanning services. Thank you to our Patron Members who sponsored the event. Elizabeth Sorensen, Khodadad Darius Sharif
Aida Van Herk, Britney Malpiede
L-R: Thomas Gennaro, Emily Howe, Mitchelle Woodson, Michelle Gastil
L-R: Euketa Oliver, Dylan Aste, Judy Bae
BAR SOFTBALL LEAGUE 2018 Bar Softball Champion Teams: La Defensa and Misfits. For more info and to register please visit www.sdbarsoftball.com. 2018 C Division Champion Team: Misfits
50 SAN DIEGO LAWYER March/April 2019
2018 A Division Champion Team: La Defensa
SDCBA Law Practice Management Partners Your SDCBA membership offers you a wide variety of member-only SDCBA Law Practice Management Partners benefits and discounts from the following providers: Your SDCBA membership offers you a wide variety of member-only benefits and discounts from the following providers: INSURANCE DISCOUNTS INSURANCE DISCOUNTS
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The Firm has the resources, experience and skills to litigate the most complex cases for individuals and families who have suffered an injury or death because of the wrongful acts of others and handles cases throughout the country. Firm attorneys are licensed in many states and the firm welcomes joint ventures with lawyers who want to stay more actively involved in a case.
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San Diego Lawyer March-April 2019