Page 1

®® ® NOV/DEC 2019

EDUCATION

ANNUAL LAW FIRM MANAGEMENT ISSUE

Diversity We All Play A Role.

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CONTENTS COLUMNS 8 11

12

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18

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PRESIDENT'S COLUMN Asked to Dance by Lilys McCoy DEANS The July 2019 Bar Exam: What Can Be Done? by Stephen Ferruolo ETHICS Telling True Stories: How to Prepare Witnesses — Ethically by Edward McIntyre TECHNOLOGY In eDiscovery, Texts Are the New Email by Bill Kammer SAN DIEGO VOLUNTEER LAWYER PROGRAM SDVLP Celebrates Pro Bono Work

43

45 45

47 48

WHAT TO DO WHEN ... Opposing Counsel Doesn't Return Your Calls by Elizabeth Blust WHY I BELONG Get to Know SDCBA Member Tina Malek MEET YOUR BAR-ISTA Aldrin Ring Building Operations Coordinator DISTINCTIONS

PHOTO GALLERY

FEATURES 17

HOW TO FIND YOUR NEXT CLIENT by Taylor Darcy

35

REPRESENTING CANNABIS OPERATORS by Whitney Hodges

18

CIVILITY IN THE FACE OF DISCRIMINATION by Julie Wolff

39

LOOKING BACK: SAN DIEGO'S FIRST WOMAN ATTORNEY by George W. Brewster Jr.

41

MEET GAYLE BLATT Incoming President of the San Diego County Bar Foundation

Page

27

20

21

DIVERSITY FELLOWSHIP PROGRAM: THE IMPACT IS REAL by Bashini Weerasinghe 2019 DIVERSITY FELLOWSHIP PROGRAM Employers and fellows reflect on the summer

27

30

33

BENEFITS OF GENDERINCLUSIVE LANGUAGE IN THE COURTROOM by Kim Ahrens THE #METOO MOVEMENT AS AN OPPORTUNITY FOR EFFECTIVE MENTORSHIP by Hali Anderson and Whitney Hodges A BENCH OF THE PEOPLE by Renée Stackhouse

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SAN DIEGO LAWYER | November/December 2019

5


®® ®

Issue 6, November/December 2019 Co-Editors Edward McIntyre

Christine Pangan

Editorial Board Hali Anderson Elizabeth Blust George W. Brewster Jr. James D. Crosby Jeremy M. Evans Seth Garrett Devinder Hans Whitney Hodges

Wendy House Julie Houth Anne Kammer Hon. Duane Moring Michael Olinik Renée Stackhouse Tandis Taghavi Julie Wolff

SAN DIEGO COUNTY BAR ASSOCIATION Director of Marketing & Outreach Ron Marcus

Issue no. 6. 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. 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 ™ do not necessarily reflect an official position of the San Diego County Bar Association.

Graphic Designer Attiba Royster Publications and Content Coordinator Hailey Johnson Marketing Manager Sasha Feredoni

FOR ADVERTISING INFORMATION, CONTACT RON MARCUS AT (619) 321-4116 OR RMARCUS@SDCBA.ORG, OR VISIT WWW.SDCBA.ORG/ADVERTISING.

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President’s Column by Lilys McCoy

ASKED TO DANCE

T

hose of you who are

empathy and compassion for

connected to me on

‘the other.’ . . . The artist does

Facebook know that I

this not en masse, but one-on-

like to post the quips my sons

one, individual by individual.

utter at random moments. Years

She performs this alchemy

ago, when my younger son was

within the human heart, which

perhaps five or six, I posted this

she enters by the medium of

question from him: “Why did

the imagination. A documentary

God even invent evolve or die?”

about sable hunters in Siberia,

I had no response at the time,

or a film about a family in

but in thinking about this edition

Tehran dealing with Alzheimer’s,

of San Diego Lawyer, which is

transports the foreign viewer,

devoted to the topic of diversity,

like you and me, into a universe

I may have come upon a partial

whose existence we had never

answer. Refusing to evolve,

known and makes that world and

refusing to adapt to changing

those who inhabit it, immediate,

and increasingly diverse

vivid and human. No longer can

environments, means that we

we say or think, ‘these people

lose out. We may not actually

are not like me.’ We see that they

die physically, but we die in

are. The gulf of separation has

other ways. We become poorer

been bridged, at least for the

for our loss of connection with

moment, by one tiny increment;

what may at first seem to be

what has replaced it is the power

different or “other,” and slowly

of empathy, of compassion, of

but surely lose our relevancy to

identification with ‘the other.’”

those willing to keep pace with the world’s inevitable evolution.

Contrary to the broad-brush stereotype of lawyers as

8

The writer Steven Pressfield

combative and uncaring, we as

described how artists help

lawyers do our best work when

humanity evolve with respect to

we connect with our clients

its acceptance of “the other,” and

one-on-one, individual by

I find his description applicable

individual, unleashing the power

to lawyers. He writes, “All art . . .

of empathy, compassion and

is about the recognition of

identification with “the other.”

beauty and the articulation of

By accepting clients, witnesses,

SAN DIEGO LAWYER | November/December 2019


jurors, and members of the public for who they are, where they are, and at a time when they need it most, we are decreasing the sense of otherness in the world and modeling the cumulative power of robust and all-embracing diversity. Of course, diversity is not enough. We must be inclusive,

“…we as lawyers do our best work when we connect with our clients one-on-one, individual by individual, unleashing the power of empathy, compassion, and identification with ‘the other.’”

as well. Our Ethnic Relations and Diversity Committee changed its name to the Committee for Diversity and Inclusion during the presidency of Judge Loren Freestone. The renaming was done thoughtfully and with intention, because it is not enough to say you are diverse; you must also actively include others who possess different experiences, viewpoints, backgrounds and approaches. I recently heard someone say, “diversity is being invited to the party; inclusion is being asked to dance.” It can be uncomfortable to ask someone to dance, especially if we don’t know them or if they are different from us, but only good comes from turning to one another, hands and faces open, a willingness to look past differences and embrace the other. I am reminded of my sons’ time in Cotillion. The parents are invited to sit at one end of the ballroom and watch their awkward middle schoolers as they begin their journey of social maturation. I recall the nervous and tenuous approach, eyes cast downward, stoic expressions. Will the person who is “other” accept me? Will we be

able to work these new steps

But, more important, breaking

together? Once the invitation is

bread together helps us all join

extended, the answer is almost

in deeper understanding of one

always “yes,” and the dance

another — to remove the sense

begins. It may be a bit awkward

of “otherness.” And through

at first, the conversation a

spending time with each other

bit stilted, but eventually the

and celebrating each other’s

partners fall into a rhythm and

cultures, we learn not only what

before they know it the music

matters to each other — the

has ended and they are both a

specific and unique needs of

little bit better and a little bit

each community — but also

braver for having engaged with

that we share many common

the “other” person. That is what

priorities.

happens each and every time we shake this devotion to sameness

Learning this lesson — that “the

and get to know people from

other” is anything but — is the

different backgrounds — people

true payoff of embracing and

who seem “other” to us.

prioritizing diversity. It makes you a better person and if

The importance of striking out

diversity is embraced by the

past one’s comfort zone is one of

individuals in the community,

the reasons I am so pleased that

the community becomes a

our Board of Directors embraced

better place to live. Diversity is

the challenge set by Immediate

not just a word, although it is in

Past President Kristin Rizzo at

danger of becoming a cliché.

the end of her term as president

It is a movement, a revolution,

in 2018. She encouraged the

a mandate in how we see the

Board to support our fellow

world and come to understand

bar associations by having a

how to build a safe and nurturing

strong presence at their annual

community — one where we

events. Many of the law related

are not intimidated or afraid of

organizations in San Diego

“otherness;” one where we have

county represent the diversity

evolved to be as strong as we are

within San Diego, and attendance

meant to be.

at these galas helps them thrive. SAN DIEGO LAWYER | November/December 2019

9


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Deans by Stephen Ferruolo, University of San Diego School of Law

THE JULY 2019 BAR EXAM: WHAT CAN BE DONE?

A

s I write this column, both the California

Taking action such as adopting the UBE at this time

Supreme Court and the State Bar are

might also help to restore much-needed trust in

conducting ongoing investigations into how

the State Bar. In response to a survey I sent to USD

essay question topics were leaked days before the July

graduates who took the July 2019 exam, several said

2019 bar exam. While these independent investigations

that the disclosure made them question the integrity

are appropriate and welcomed, I expect that they will

or credibility of the State Bar and that something

show there was nothing nefarious about the leak. I

must be done to restore faith and confidence in the

believe we will find that the disclosure was, as the Bar

bar exam. For many, the issue was not just that the

admitted, a “human error” resulting from the mistake

untimely disclosure added to the stress of preparing

of sending an invitation to select deans to observe the

(“The release made me feel for the first time that

regular grading calibration session before, rather than

I might fail the bar,” wrote one student). They also

after, the administration of the exam. Therefore, the

have continuing concerns about how the incident

decisions made not to change the topics or postpone

might affect grading or compromise the results of

the exam were the best ones given the circumstances,

the exam, which has added to their stress in awaiting

as was the decision to release the list of topics in an

results. Some expressed concern that, because of

effort (as explained by the Bar) “to provide a level

the disclosure of the topics, examiners might grade

playing field to all.” Based on the available information,

the essay questions harder. Others worried that future

the Bar appears to have done its best to manage the

employers might degrade the value of passing the July

crisis, and the Bar’s leaders deserve praise for

2019 exam. Several worried that the increased number

having done so.

of no-shows who took advantage of the Bar’s offer of a full refund will skew the results against those who took

That being said, the crisis could have been avoided if

the exam.

the Bar recognized that administering the bar exam in its current form and content, especially with the increasing

In its FAQs, the Bar wrote that it “will closely monitor

accommodations for test-takers, has become too

any changes in the written scores to scrutinize any

cumbersome for any state, even California. It is time for

deviation from the norm . . . so that we preserve the

California to consider adopting the Uniform Bar Exam

integrity of the bar exam and ensure fairness for

(UBE), which has now been adopted by 36 jurisdictions,

test-takers.” Given the distress and disruption of the

including other large populous states like New York,

disclosure, this assurance is not likely to be enough,

Illinois and Texas. The adoption of the UBE would ease

particularly because of California’s exceptionally

the administrative burden of writing and grading the

high pass score and low passage rate. The very real

bar exam, enabling the Bar to better meet its core

concerns about the fairness and integrity of the July

responsibilities of licensing and disciplining attorneys.

2019 bar exam demand corrective measures, not just to

It would also ease the burden on prospective California

make sure such a debacle never occurs again, but also

attorneys, giving them a portable score that could be

to restore trust in the State Bar.

used to apply for admission in other UBE jurisdictions, while enabling California (if it so chooses) to maintain a higher cut score for admission here. SAN DIEGO LAWYER | November/December 2019

11


Ethics by Edward McIntyre

TELLING TRUE STORIES: HOW TO PREPARE WITNESSES — ETHICALLY

D

uncan interrupted, “Uncle,

“Your last question is the easiest.

can my mentee, Tim, ask a

Of course you do. Common sense,

few questions?”

competence, respect for the court

“Tactically, yes. It also underscores

and the judicial process all demand

our obligation not to counsel or

Macbeth waived them to his

it. You touched the right issue —

assist a witness to testify falsely.

conference table. “He can and he

what may you say to prepare them

Our duty of candor to the tribunal.

may. Welcome. Let’s have

to testify.”

But keeping your witness focused

Sarah join us.”

“Nice.”

on what you know is important, “I don’t want to cross the line, but I

without suggesting how he should

With everyone seated, Macbeth

still want to do what’s best for my

testify. It’s a fine line.”

turned to their guest,

client.”

“Tim, ask away.”

“Any advice?” Tim asked. “Perfect. Let’s consider the non-

“I’ve got my first trial —”

client witness first.”

“First, don’t answer his questions. Instead say, for example, ‘What’s

Sarah smiled, “Congratulations.”

“Great,” Tim said, as he flipped open

important is you tell the truth. That’s

his computer.

all we need. All I want —’’’

“We have a simple ‘Instruction

“OK.”

“Thanks. Anyhow, I’ve got questions about preparing witnesses.”

for Witnesses’ we’ve prepared,” Macbeth nodded, “Please, just ask.”

Macbeth explained. “You’re

“Then work through your outline,

welcome to use it. The first item,

but don’t show him. Use the

“So, the first involves my client. She

in bold, capital letters: ‘Remember

questions you’ll ask to elicit facts

keeps asking: ‘What do I have to

Your First and Only Duty Is to Tell

that build your case. If he strays —

say? What do we need to prove?’”

the Truth.’”

spins off on a tangent — use

“Any other witnesses?”

“Wow.”

questions to pull him back. Don’t tell him the answer you’re looking for. It’s tough to make your questions “Not a client, but he has an

“Opposing lawyers would ask:

sound neutral when you know what

important role. Nice guy, but none

‘Did Macbeth show you anything?’

you want, but patience pays.”

too smart. He’s asking: ‘What’s

Our witness would pull out the

important? What do you want?’”

instructions. With the ‘tell the truth’

Duncan interrupted, “If he is asked

Tim paused, then asked, “How do I

admonition prominent. Juries took

on cross, ‘Did you tell him anything?,’

answer? I’ve got to get them ready

notice. Once word got out, lawyers

the answer will be, ‘“He told me to

for trial, don’t I?”

stopped asking.”

tell the truth. Then he just asked me some questions.’”

12

SAN DIEGO LAWYER | November/December 2019


Sarah added, “Hearing the same questions you used to prepare him should make him more comfortable.” Macbeth picked up the conversation, “Now let’s talk about your client.” “Great,” Tim resumed typing. “First, I recommend the ‘tell the truth’ admonition. Repeat it, even though your opponent can’t ask her what you discussed and she can’t volunteer it without opening the door.” “Got it.” “The next part’s more difficult.” “How so?” “Your client has a right to know what you have to prove to meet her burden. It’s her case. She can ask where each bit of evidence will come from. In fact, as part of our duty not to continue an action without probable cause, we all should ask those questions while we do discovery and prepare our cases.” “I have been.” “Fine. Your client has a right to know what you know.” “I’ve kept her pretty well-informed all along.” “Wonderful. It is still delicate because you’ll identify evidence the

Cartoon by George W. Brewster Jr.

keep her focused on what she can

“Thanks, Macbeth. Everyone. It’s

candidly provide.”

been very helpful.”

“OK. But —”

All three chimed in, “Good luck with your trial. Break a leg!”

“It’s only natural for a client to want to help her case. Our role is to make sure her story is true and that she doesn’t unintentionally hurt herself.”

Editorial Note: Macbeth’s advice referred to Rules of Professional

“What if she wants to testify about

Conduct, Rules 1.1 (competence); 1.4

something I know is false? I don’t

(communication); 3.3 (a)(3) (candor

think it’ll happen, but —”

to a tribunal); 3.4 (c) (fairness to opposing party and counsel) and

“First, try to talk her out of it. One,

Business and Professions Code

it’s wrong. Two, she’ll likely get

section 6068, subdivision (d)

caught on cross-examination, killing

(mislead a judge).

her credibility on everything she’s said. Finally, tell her you may refuse to offer evidence, even from your client, if you reasonably believe it is false.” Sarah added, “The exception is a

Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer and co-editor of San Diego Lawyer.

defendant in a criminal matter. She doesn’t fit.”

case needs, but you have to

SAN DIEGO LAWYER | November/December 2019

13


Technology by Bill Kammer

IN eDISCOVERY, TEXTS ARE THE NEW EMAIL

F

or maybe 10 years, the majority

that 80% of people use texts for

of the most discoverable

business so that ESI may only reside

electronically stored information

on personal devices.

(ESI) has been email and its attachments.

“… technology may be changing faster than attorneys can adjust ...”

(Though you may remember past

The relevant texts on those mobile

suggestions to skip email discovery.)

devices must be preserved to execute

Attorneys have come to grips with

an effective legal hold. That can’t be

methodologies for email preservation,

done at the enterprise level and must be

collection, review and production.

executed by every custodian of a device.

Unfortunately, technology may be

Those persons will not be enthused if

changing faster than attorneys can

asked to surrender their phones, even if

adjust their methodologies to properly

only for a period of days. Collection from

execute their eDiscovery evolutions.

the device generally requires physical proximity unlike remote collection from

Some commentators suspect that the

desktop and laptop computers. There

majority of information in personal and

are developing alternatives such as

business collections will now be found in

expensive cloning of the phone or using

text messages, which reside on phones

a cloud-based backup copy from Google

and occasionally on tablets. Although

or the iCloud.

the carriers provide the pipelines for texts, they have little incentive to

Past collections from desktops and

preserve the content of those messages

servers slowly became routine. Most of

or to get involved in eDiscovery

those devices used the same operating

evolutions. They may preserve some

systems and software, and the file

primary metadata for a limited amount

types were fairly limited. However,

of time, but that’s about it. Consequently,

mobile devices come from numerous

the preservation and collection of

manufacturers, run software of various

relevant texts usually occur at the

generations and store files in different

device level.

configurations. This requires forensic vendors with multiple tools and relevant

To collect and process that

qualifications. Harvesting ESI from the

information, attorneys face new

devices requires tools that most lawyers

challenges and increasing costs. For

don’t possess, so that forces recourse

starters, take the responsibility to

to vendors who seem to face little price

preserve. A recent survey found that

competition. Charges are usually per

31% of companies do not provide

device, and the vendors need physical

mobile devices to their employees,

proximity and possession for several days.

while 52% employ a hybrid approach,

14

outfitting only limited staff but relying

There are basically three methods

on personal devices for all others

to extract the data from a mobile

(a BYOD policy). A 2015 study found

phone: physical, file system and logical

SAN DIEGO LAWYER | November/December 2019


acquisition in order of quality. The

have we gained some incorporated

There is no reason or excuse

best one — physical — requires the

technology that can transfer

to skip the ESI found on mobile

most time, often much longer than

mobile device data into those

devices: clearly text messages are

copying a hard drive with far more

traditional platforms.

electronically stored information

storage. Physical and file system

within the meaning of any rule. Plus,

only produce a big block of binary

Finally, production produces similar

courts have generally enforced the

data that must be broken down into

challenges. Provision of the collected

common eDiscovery obligations in

the files and information of interest.

text messages in “native” format or as

cases involving mobile phones.

a single document simply transfers After all these challenges are

these challenges to the requesting

These issues are not

met, the output of the collection

party. Printing them out or producing

insurmountable problems, but

presents the next issue. Even after

the data as petrified files is a return to

simply new challenges we must

a successful collection, the ESI

the Stone Age.

cope with. The key will be our ability

must be reviewed. Unfortunately,

to stay alert to these developments

the output is usually in a single

Attorneys will sort over time

and still competently discharge our

PDF or spreadsheet. The reviewer

because the shift from emails to

responsibilities to our clients

can examine their contents on a

texts is accelerating, particularly

and the courts.

desktop or generate a readable

among younger users. Some

printout. Attorneys have relied on

analysts believe that 95% of

familiar review platform tools such

users communicate by text, and

as Relativity, Concordance and

mobile device case law is rapidly

Summation for years. Only recently

developing as a consequence.

Bill Kammer (wkammer@swsslaw.com) is a Partner with Solomon Ward Seidenwurm & Smith, LLP.

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HOW TO FIND YOUR NEXT CLIENT By Taylor Darcy

G

one are the days of putting

Lunch or coffee is a great way

broke spending a lot of money if you

your name in the yellow

to get out of the office and build

do not know what you are doing.

pages under "Attorney" or

relationships. Refer all cases or

putting up a massive billboard in a

matters you do not handle to

Many attorneys fall into the trap of

prominent location and hoping for

attorneys who do handle them.

believing they should do one at a

the phone to ring. Finding clients

Be generous and liberal with your

time or all at a time. The secret is not

has become more competitive and

referrals. It builds trust and your

to do one or all but to do the right

challenging, yet paradoxically more

relationships.

combination that builds a relationship

accessible as society moves toward an on-demand, 24/7 economy.

with their potential client. People who When you refer an attorney, a case

know you are more likely to hire you.

creates a sense of obligation on the

The problem is that no method allows

On average, it takes interacting

other attorney’s part to reciprocate

people to know you. All methods are

with a client 25-28 times online

when a matter comes their way.

simply an introduction to you and

(e.g., website, Facebook, LinkedIn

They will remember you and send

your law firm. Just like you would not

and Twitter) before they feel

potential clients to you. Do NOT just

expect someone to marry you on the

comfortable hiring you and,

send them pro bono clients you

first date (hopefully), you should not

depending on the matter, even

are “too busy” to take. Dumping a

want your client to hire you on the first

contacting you. Shocking! You do

potential pro bono client on a fellow

phone call. Representing someone

not earn someone’s business when

attorney destroys the relationship

is intimate. Many potential clients are

you only give them a few moments

and will likely cause them to stop

hiring an attorney for the first time.

of your time. Today’s ever-changing

sending referrals to you. It also hurts

They are scared or confused about

economic landscape requires that

your relationship with the potential

what they are facing. As an attorney,

attorneys adapt to the new. There

client; they can see through the

you are privy to the most essential

are two primary ways to find your

façade and know that you are

and personal details of a person’s life.

next client.

dumping them on someone else.

Build a relationship through these

Finally, treat opposing counsel with

marketing methods and other social

First, referrals are a tried-and-true

professionalism and respect. You

media. Then when the relationship

way to get clients. Even with the gig

never know when they will need to

has been made and they need your

economy, referrals are king for myriad

refer a potential client and you are

services, ask for their business. Take

reasons. They are low or no cost and

the right attorney for the matter.

the time to get to know potential

they have a high close rate. It’s easier

clients and their needs, and you will

for someone to hire you because they

Second is marketing. Marketing has

have them flocking to you.

trust the referring party and, by proxy,

changed significantly since the days

trust you. Unfortunately, referrals are

of the phone book and billboard era.

lower volume. You cannot depend

Now it is Google PPC (pay-per-click),

on referrals occurring as regularly as

Facebook Ads, Bing Ads, search

you can other marketing methods.

engine optimization (SEO) and email.

Taylor Darcy

Still, take the time to build referral

Each fulfills a different purpose and

(tdarcy@darcy-law.com)

relationships with attorneys in

when combined, can get attorneys

is founder and owner of

complementary practice areas.

their next client. You can also go

Darcy Law.

SAN DIEGO LAWYER | November/December 2019

17


CIVILITY IN THE FACE OF DISCRIMINATION By Julie Wolff

C

ivility is required in every aspect of the legal

It is easy to imagine challenges attorneys endure

profession, from law school to practice.

when faced by blatant confrontational discrimination

However, in the face of inequality and blatant

based upon sex, gender, sexual orientation or country

cultural intolerance, attorneys face challenges to honor

of origin. A few scenarios include a female attorney

the California Guidelines of Civility and Professionalism,

who is told by a client to “go back to Mexico” by her

while still maintaining basic self-respect and pride.

client; a male attorney is told by opposing counsel that opposing counsel hopes “he and his (male) partner are

The State Bar of California’s Introduction to California

never able to adopt a child” because of their same-sex

Attorney Guidelines of Civility and Professionalism

partnership; or the female attorney who is sexually

(Abbreviated, Adopted July 20, 2007), begins:

harassed by a judge in the judge’s chambers.

As officers of the court with responsibilities to

In these instances, following the California Attorney

the administration of justice, attorneys have an

Guidelines of Civility and Professionalism poses unique

obligation to be professional with clients, other

challenges for attorneys and may have unintended

parties and counsel, the courts, and the public.

consequences to the fair administration of justice and

This obligation includes civility, professional

conflict resolution.

integrity, personal dignity, candor, diligence, respect, courtesy, and cooperation, all of which

The current guidelines give wrongdoer attorneys and

are essential to the fair administration of justice

clients a significant advantage because attorneys

and conflict resolution.

who are discriminated against have their hands tied by limited options proscribed by the California Bar.

There is, however, no provision for publicly standing

Firstly, the guidelines fail to fairly address what to

up for oneself when confronted with sexism, ageism,

do if your client is pounding his attorney with uncivil

racism or any other type of discrimination. While an

discriminatory behavior. California Rules of Professional

attorney may not be discouraged to report those

Conduct Rule 1.116 (a) (3) (4), allows an attorney to

who fail to comply with the Rules of Professional

withdraw from representation (with limitations) if

Conduct, there is certainly no encouragement to do

“the lawyer’s mental or physical condition renders it

so. Encouragement to report may lead to a more civil

unreasonably difficult to carry out the representation

legal profession with attorneys who are encouraged to

effectively; or the client discharges the lawyer.”

advocate for themselves when discriminated against.

Attorneys should be able to exit toxic situations to preserve their own mental health.

18

SAN DIEGO LAWYER | November/December 2019


An attorney can ask the client to sign a substitution of

The consequences of those feelings are that the most

attorney so the attorney can exit the case, but the client

diverse and vulnerable members of our profession

is under no obligation to comply or may blackmail

leave the full-time practice of law. With a lack of

the attorney by stating the client will only sign the

diversity in the practice of law, a fair administration of

Substitution of Attorney Form if the attorney does not

justice and conflict resolution is impossible.

charge the client for past services rendered. This puts the attorney in an unfair position.

As a profession, adherence to fairness in the administration of justice means acknowledging

Another option is for the attorney to use the ubiquitous

the challenges attorneys face when confronted by

“breakdown of communication” and expend further

discrimination and providing attorneys a source of

time and energy to request the court allow her to

emotional support and economic stability to best cope

withdraw, without divulging the extent of the abusive

in this time of inequality.

and threatening discriminatory behavior of the client.

1

These “remedies” certainly do not favor the mental health, emotional stability or sometimes even the

Julie Wolff

physical safety of the attorney, despite California

(julie@jwolfflaw.com)

Professional Conduct Rule 6.1.

is owner of the Law & Mediation Office of Julie O. Wolff.

Encouraging victims to “respect” and give “courtesy” to their harassers has a consequence (intended or un-intended) for those victims to feel personally demoralized and dejected, and dispirited by the legal profession.

1. California Rules of Professional Conduct Rule 1.6


DIVERSITY FELLOWSHIP PROGRAM: THE IMPACT IS REAL

I

By Bhashini Weerasinghe n 2009, the San Diego County Bar Association and

resumes and letters of recommendation. From

the Association of Corporate Counsel launched

there, students are chosen for panel interviews.

the Diversity Fellowship Program to address

the fact that the legal profession is not as diverse as

This year, we had 18 fellows work with 17 employers

the community it serves. According to the American

from firms, corporate departments and public sector

Bar Association, “Despite the increased emphasis on

offices. For the students, this was an opportunity to

diversity and inclusion within the legal field over the

learn from experienced attorneys, build a network,

past decade or so, the legal profession remains one of

find mentors and discover their passion for the

the least diverse of any profession.”

practice of law.

The goal of the Diversity Fellowship Program is to

If you’d like to see more progress in diversity and

introduce talented, qualified and diverse law students,

inclusion, there are steps you can take to help move

early in their legal career, to prominent law employers

the numbers. You can participate in programs such as

in order to build the pipeline, level the playing field and

the Diversity Fellowship Program, volunteer to assist

better serve our clients by reflecting the diversity we

with applications, speak to your employer about

see in our community and clients.

participating next summer, join hiring committees in your place of employment, commit to diversity

The program takes an unconventional approach

initiatives, support local minority bar organizations

to hiring by looking at candidates holistically. A

and get involved with SDCBA’s Committee on

small committee of volunteer attorneys are blind

Diversity and Inclusion.

to which law school the applicants attend as well as their grades. The committee reviews student

Learn more about the program and how to participate

applications, personal statements, research

in 2020 at www.sdcba.org/dfp.

memos based on a question the program provides,

Bhashini Weerasinghe (bw@bhashinilaw.com) is the owner of Law Office of Bhashini Weerasinghe and director of SDCBA-ACC Diversity Fellowship Program. 20

SAN DIEGO LAWYER | November/December 2019


2019 DIVERSITY FELLOWSHIP PROGRAM DIVERSITY FELLOWSHIP PROGRAM

We asked our 2019 fellows and employers about their summer. They reflected on the program and the importance of inclusion efforts in our profession.

ANDREWS LAGASSE BRANCH + BELL LLP Jonathan Andrews — Partner

Salma Zinabidine — USD

I genuinely appreciated the daily

Diversity and inclusion are important

enthusiasm and curiousness of our

to me because I believe that we can

DFP fellow. She was open to handling

all benefit when people with different

any assignment and she really wanted

backgrounds collaborate. Moving

to understand the practical application

forward in my career, I hope to

of her research.

provide that same value to others.

DFP

BECTON, DICKINSON AND COMPANY Sarah Mason — Associate General Counsel

Megan Divine — USD

Our DFP fellow prepared a

As a diverse young woman, I have

DIVERSITY FELLOWSHIP PROGRAM comprehensive presentation to our

observed the lack of minority

entire local law group on consent

representation in the legal profession.

in digital contracting and was able

I believe interaction among

to deftly tie the law to practical

undergraduate institutions, law schools

application to our product offerings.

and law firms is essential to promoting

Not bad for a first-year law student!

a diverse workplace.

COZEN O’CONNER Kris Cherevas — Associate

Leyla Moustapha — California Western

On day one our DFP fellow was eager

Cozen O’Connor immediately

to learn and jump into the legal work.

welcomed me as a member of the

She wanted to integrate and get over

Cozen family. They made me feel like I

the learning curve as soon as possible

have been working with them for many

in order to perform excellent work,

years, and they valued the work I did.

which she in fact did. Our DFP fellow exceeded expectations on work product and character. SAN DIEGO LAWYER | November/December 2019

21


DUANE MORRIS LLP Patricia Hollenbeck — Partner

Jasmine Young — California Western

Increasing diversity in our profession

Representation matters because

is of utmost importance. We have an

each one of us has attributes and

obligation to reflect our community

experiences that make our diversity

and represent our clients to the best

complex, yet powerful. It is important

of our ability. A diversity initiative or

for this complexity to be revealed and

program is a key component of

appreciated in every aspect of our

that objective.

society, especially the legal field.

FERRIS & BRITTON, APC Justin Paik — Attorney

Jessica Park — USD

Our DFP fellow reminded me of how

I am very grateful for my fellowship

important it is to be passionate about

at Ferris & Britton. I felt included and

one’s goal and dream. I could see our

appreciated as a member of the

fellow’s passion for the practice of law

team and recognized for my

motivated her to work hard. It was a

developing style as a future

great pleasure to be part of our fellow’s

member of the legal profession.

steps toward fulfilling her dream.

HIGGS FLETCHER & MACK LLP Edwin Boniske — Attorney

Elizabeth Mireles — California Western

Participating in the DFP helps remind

Programs like DFP advocate for the

us of where we all started as attorneys

prosperity of marginalized law students

(young, inexperienced and eager to

of color by providing students with an

learn) and keeps us connected with

opportunity to develop legal research

the law school community. It is a great

and writing skills, while also fostering

opportunity to reflect on what we

professional contacts.

wish we would have known earlier in our careers, and provide insight and guidance accordingly.

KLINEDINST PC Heather Rosing — Shareholder

Marco Garcia — California Western

A strong culture of diversity, equity and

Working alongside experienced

inclusion is critical for any business today.

attorneys helped me create an image

Not only do the clients demand it, but it

of the attorney I want to become. It was

contributes to a healthy workplace that

a pleasure to work with individuals who

provides the highest quality of services.

work hard every day to perfect their

Having a variety of backgrounds,

skills and who also contribute so much

opinions and perspectives ultimately

to our community.

makes any business more successful.


PAUL, PLEVIN, SULLIVAN & CONNAUGHTON, LLP Heather Davis — Associate

Rachel Geagea — USD

PPSC strives to remain true to its pledge

I hope to foster diversity and inclusion in

to promote positive change from the top

my future career by being a mentor for

down by participating in the Diversity

those who were once in my shoes and

Fellowship Program, and year after year

for promoting opportunities for other

it has proven to be a truly rewarding

diverse lawyers to enter the workforce.

experience for our entire team.

Specifically, I will continue to support the Diversity Fellowship Program!

PEREZ VAUGHN & FEASBY INC John Vaughn — Attorney

Brandon John — USD

Over the years we have been a DFP

We are a long way from equality, and

employer, we have learned that adding

we will never get there unless more

insight from people with different

minorities are included in the legal

backgrounds improves not only our

field. Moving forward, I will foster

business culture and work product, but

diversity and inclusion by being a

our profession as a whole. The broader

voice for those who were not fortunate

the spectrum of ideas, backgrounds and

enough to get law degrees to be able

personalities, the better the discussion,

to advocate for themselves.

the critical thought and, ultimately, the work product delivered to our clients.

PROCOPIO, CORY, HARGREAVES & SAVITCH LLP John Alessio - Managing Partner

Christopher Moore - California Western

No matter how many years of legal

The DFP fellowship was important

experience we may have under our

to me because it presented me with

belts, it’s refreshing to experience the

an opportunity that I may never have

eagerness of these fellows and their

received without it. In retrospect,

commitment to practicing law. This

applying for the DFP fellowship was

helps keep the rest of us invigorated and

one of the most impactful decisions

mindful of why we chose this career.

that I made my 1L year.

RIMON, PC Juan Zuniga — Attorney

Chae Kim — California Western

Diversity is one of our core values. It

One important takeaway from my DFP

transcends our culture and allows

fellowship is that diversity in the legal

attorney to practice law with greater skill,

community will not just happen on

nuance, sensitivity and impact.

its own. It requires active advocacy. Although programs like the DFP and other organizations that encourage diversity have made much progress, there is still more work to be done.


SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE Jerrilyn Malana —

Lationa Simpson-James

Chief Deputy District Attorney

California Western

The creation of an inclusive workplace

Including minority groups into the legal

culture is the key to implementing

community can only bring good things.

a successful diversity and inclusion

New perspectives break groupthink

program. The commitment to diversity

and force people to check their own

and inclusion must start with the

biases no matter how uncomfortable

executive leadership team and must be

that may be. I plan to devote my career

embraced at all levels of an organization.

to opening the door for others.

SAN DIEGO COUNTY PUBLIC DEFENDER Kristin Scogin — Deputy Public Defender

Natalie Castro — USD

I believe one of the greatest benefits

Diversity and inclusion are important

is the variety of perspectives diversity

to me because as a Latina and first-

and inclusion bring. We serve

generation law student, I experience

clients who have many different

firsthand the challenges of being

characteristics and backgrounds, so

a racial and gender minority in the

to have lawyers able to relate to them

legal field. As an attorney, I hope

on a deeper level not only helps our

to continue to give back to my

team understand their perspective, but

community by providing guidance

provides a source of comfort and trust.

and encouragement to other Latinos interested in pursuing a legal career.

SEMPRA ENERGY Charlie Dispenzieri — Counsel —

Monika Siu — USD

Technology & Business Services

The more exposure we have to diverse

Our fellows assisted attorneys and

individuals, the more we can try to

internal clients in international law,

understand people unlike ourselves.

employment law, securities law,

This enables us to be able to

software licensing and litigation.

communicate effectively and be

Hearing the surprise in their voices

more empathetic.

when realizing how much opportunity a law degree presents was

Yasmeen Halim — USD

very refreshing.

Diversity is important to me because it helps create a more inclusive environment that welcomes various ideas and thoughts, and allows individuals to come together in the workplace.

24

SAN DIEGO LAWYER | November/December 2019


SHEPPARD MULLIN RICHTER & HAMPTON, LLP Daniel De La Cruz — Associate

Elmira Yousufi — USD

Elmira offered a viewpoint that inspired

Important takeaway is that the law is

in-depth conversations about several

vast and diverse. New fields of law

of our matters, and these conversations

continue to develop, so law students

may never have happened if she had

should keep an open mind when it

not been part of the team.

comes to opportunities that come our way. It may not be what you had in mind, but it can change your mind — and that is not a bad thing.

SONY ELECTRONICS INC. Megan McCarthy — Counsel

William Llamas — USD

The program continues to meet and

There are so many selfless people

exceed our expectations by providing

in our local community who want

great candidates, regular follow-up

to promote diversity in the legal

with students, consistent educational

profession and provide mentoring

opportunities for the fellows in

to young diverse law students.

addition to the day-to-day work, and

Seeing and experiencing this kind of

an overall framework of a program

generosity motivates you to do your

that was vested in seeing diverse

part for future generations and

students succeed.

pay it forward.

WILSON TURNER KOSMO LLP Carolina Bravo-Karimi — Partner

Jennifer Solano — California Western

While I hope Jenny learned a lot at

I had numerous conversations with

WTK, she also taught me a great

people at WTK who shared with me

deal. Jenny reminded me about

the adversity they faced and overcame,

the importance and power of true

or continue to struggle with even today.

mentorship. As attorneys, we lead busy

I am empowered by these honest

lives, but it is critical that we

and vulnerable human connections

take time to mentor and assist

because they proved to me that my

attorneys-in-training.

journey to success might be different, but not impossible.

THANK YOU TO OUR 2019 DFP EMPLOYERS

Andrews Lagasse Branch & Bell LLP Becton, Dickinson and Company Cozen O'Connor Duane Morris Ferris & Britton, A Professional Corporation Higgs Fletcher & Mack, LLP Klinedinst PC Paul, Plevin, Sullivan & Connaughton, LLP Perez, Vaughn, & Feasby

Procopio, Cory, Hargreaves & Savitch LLP San Diego District Attorney’s Office San Diego Public Defender’s Office Rimon Law Group Sempra Energy Sheppard and Mullin Sony Electronics Inc. Wilson Turner Kosmo


L AW Y E RS H E L P I N G OT H E RS

JAMIE BECK FREE TO THRIVE

Inspired by a human trafficking survivor who later became a pro bono client, Jamie Beck decided to help other survivors. She learned that human trafficking survivors desperately need civil lawyers. Her law firm at the time, Procopio, graciously allowed Jamie to work with human trafficking survivors pro bono. Human trafficking involves the use of force, fraud, or coercion to obtain labor or commercial sex and the commercial sexual exploitation of minors. “I went to law school because I wanted to help people. But, I did not find this work, it found me.” In 2017, Jamie committed to helping survivors full-time. She founded Free to Thrive, a nonprofit that provides legal services for human trafficking survivors. Today, Free to Thrive’s nine-member staff serves over 150 clients and 17 clinic locations throughout the county. Free to Thrive’s four staff attorneys and pro bono attorneys help survivors change their legal names, regain child custody, divorce abusive spouses, vacate criminal records, and much more. To become a pro bono attorney, learn more, or donate, visit www.freetothrive.org Jamie Beck is not affiliated with the Vosseller Law Firm.

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

P L A I N T I F F P E R S O N A L I N J U RY

858-429-4062 www.vosslawyer.com

VOSSELLER LAW FIRM


BENEFITS OF GENDERINCLUSIVE LANGUAGE IN THE COURTROOM By Kim Ahrens

A

fter climbing the courthouse steps, litigants,

people communicate their gender identity to the

jurors and the public look to the behavior

outside world. Examples of gender expression include

of judges and attorneys to understand

the pronouns one prefers, clothing, appearance and

courtroom decorum. The use of inclusive language in

demeanor. Someone who expresses their gender by a

the courtroom conveys the message that all people,

stereotypically female appearance does not necessarily

regardless of orientation, gender identity or gender

identify as female and may not use she/her/hers

expression, will be treated with dignity and respect.

pronouns.

Beyond that, incorporating gender inclusive language

How to Use Gender-Inclusive Language in the Courtroom

into the courtroom shows compliance with the recent changes to the ethical and professional rules that govern the conduct of attorneys and judges. In October 2018, the Supreme Court revised the Judicial Code of Ethics to include gender identity and gender expression 1

as protected characteristics that cannot be used to harass, discriminate against or harbor bias against any person. The very next month the California State Bar released its amended ethical rules for attorneys with a similar revision.2

1. Attorneys can volunteer their preferred pronoun during appearances. 2. Courts can list the preferred pronouns of judges on signage in courthouses and courtrooms. 3. Judges and attorneys can state their preferred pronouns during jury introductions. 4. Use the name of the person or gender-neutral words such as, “folks,” “guests,” “jurors” and “counsel.”

What is gender-inclusive language?

5. Eliminate the use of terms and phrases that are

Gender-inclusive language is language that does not

gender-specific such as “ladies and gentlemen of the

conflate the concepts of gender identity and gender

jury,” “sir” and “ma’am.”

expression or adopt gender-specific stereotypes. The starting point is realizing gender identity and gender expression are two separate concepts. “Gender identity” refers to a person’s internal sense of being male, female, a combination, or neither male nor female. On the other hand, “gender expression” is the way

6. Realize a person’s preferred pronouns may change. Gender-inclusive language enhances public trust, combats unconscious prejudice that can harm transgender and nonbinary people, and highlights

SAN DIEGO LAWYER | November/December 2019

27


THANK YOU TO OUR PATRON & FRIEND MEMBERS The SDCBA gratefully acknowledges the generous commitment provided by members who support our community at the Patron and Friend membership levels. You can become a Patron or Friend member when you activate or renew your membership online. For more information, please contact our Member Services Department at (619) 231-0781 x3505.

PATRON MEMBERS Marc D. Adelman

Nicholas J. Fox

Raymond J. Navarro

Doc Anthony Anderson III

James P. Frantz

Anthony J. Passante Jr.

Judy S. Bae

Matthew David Freeman

Teodora D. Purcell

Victor E. Bianchini

Douglas A. Glass

Kristin Rizzo

Jedd E. Bogage

Richard A. Golden

Ana M. Sambold

James A. Bush

Alvin M. Gomez

Thomas P. Sayer Jr.

Jose S. Castillo

Anthony Hawkins

Johanna S. Schiavoni

Andy Cook

Van E. Haynie

Richard “Rick” S. Sterger

Steven T. Coopersmith

Matthew C. Hervey

Ezekiel E. Cortez

Stephen M. Hogan

Todd F. Stevens Genevieve A. Suzuki

Thomas M. Diachenko

Richard A. Huver

John A. Don

Garrison “Bud” Klueck

William O. Dougherty

Don S. Kovacic

Alexander Isaac Dychter

Laura H. Miller

Sergio Feria

Gerald S. Mulder

Kimberly Swierenga Amanda l. Thompson Thomas J. Warwick Jr. Andrew H. Wilensky

FRIEND MEMBERS Laura Ashborn

Anthony Gizzarelli

Christine Murphy

Steven Barnes

Ronald Greenwald

Anne Perry

Linda Cianciolo

Mark Kaufman

Kristi Pfister

David Dugan

Randall E. Kay

Stella Shvil

Thomas Fitting

Marguerite Lorenz

Clay Spiegel

Susan Fox

Mary Beth Martin


the commitment of officers of the court to prohibit

the chosen name, you could unintentionally ‘out’ a

discrimination. The courtroom can be a fast-paced

transgender person to others in the courtroom. This

environment where judges, attorneys and jurors are

could subject them to harassment, discrimination and

expected to make important decisions with limited

even physical assault from others that overhear this.”

information. Because implicit biases are shortcuts to make quick decisions, it is our responsibility to institute ways to overcome those assumptions. Substituting gender-inclusive language avoids misgendering people in the courtroom. “While most people do not intend to misgender, they also don’t think about the ramification of it,” noted Kathie Moehlig, Executive Director of TransFamily Support Services. “By misgendering or using a legal name rather than

Kim Ahrens (Pronouns: she/her/hers) (ka@ahrenslawoffice.com) is a director of Lawyers Club of San Diego and owner of Ahrens Law, APC where she represents victims of harassment, discrimination and wrongful termination. 1. https://newsroom.courts.ca.gov/news/supreme-court-amendscode-of-judicial-ethics 2. http://www.calbar.ca.gov/About-Us/News-Events/NewsReleases/new-rules-of-professional-conduct-effectivenovember-1

Dictionary Update: THEY As of September 2019, Merriam-Webster expanded they to include: "used to refer to a single person whose gender identity is nonbinary." If you are uncertain of an individual’s preferred pronouns, it is now grammatically correct to employ they.

OUR EXPERIENCED NEUTRALS

Our Resolve. Your Resolution. West Coast Resolution Group, a division of the National Conflict Resolution Center, has one purpose: to provide exceptional and affordable mediation services to the legal community.

HON. DONALD F. ARMENTO, RET. DOUGLAS BARKER SHAUN BOSS JUDY COPELAND JOHN EDWARDS RICHARD A. HELLER RALPH HUGHES CHRIS HULBURT RICHARD HUVER TIMOTHY RILEY KRISTIN RIZZO GINA STEIN To schedule a case with one of our neutrals, please contact Case Manager Kathy Purcell at 619-238-7282 or visit us online at:

westcoastresolution.com


THE #METOO MOVEMENT AS AN OPPORTUNITY FOR EFFECTIVE MENTORSHIP By Hali Anderson and Whitney Hodges

W

ord around town is the

activities with women colleagues

going too far, the #MeToo movement

#MeToo movement

(counterparts and subordinates)

has really been harmful to women

has had chilling

such as mentoring, socializing

because now men are scared to

effects on mentor and sponsorship

or participating in one-on-one

mentor them,” the CEO lamented.

opportunities for female attorneys.

meetings. This is up from the 46% reported in 2018. Additionally, the

Both of these responses — excluding

Unfortunately, a recent study

survey reported senior level male

women from the mentorship

released by LeanIn.org (the women’s

managers are 12 times more likely

experience or foregoing mentoring

empowerment organization founded

to be hesitant to meet with a woman

completely — are extremely

by Facebook Chief Operating Officer

than a man; nine times more likely to

problematic.

Sheryl Sandberg) has confirmed the

decline work trips with junior women

movement has altered the behavior

than junior men; and six times more

First, they imply the women who

of male executives and managers

likely to avoid work dinners with a

have come forward as victims are

from a “moderate to very great

female colleague.

lying. The men in these stories

extent.” The survey demonstrated

were apparently not doing anything

that male professionals are pulling

Some men are even taking a more

wrong, but instead got caught

back from active interactions with

drastic approach by abandoning

up by vindictive women intent on

their female colleagues, due to a

mentorship altogether. As one CEO

taking down powerful men. Second,

knee-jerk concern their actions will

put it, “I’m all for women’s rights,

these narratives place men in the

be misconstrued or reported as

but this #MeToo movement has just

center as the victims. Instead of

sexual harassment.

gone too far.” For this CEO, the risk of

listening to what women are saying,

being falsely accused of something

understanding their experiences

Specifically, the survey, which polled

improper or even potentially giving

and condemning the misconduct

a national sample of 5,000 adults,

the appearance of impropriety is just

(which has been admitted in several

found that 60% of male managers

too great. He decided that the safest

cases – i.e., Harvey Weinstein, Matt

say they are uncomfortable

approach was to just avoid close

Lauer, Louis C.K., Les Moonves,

doing “common workplace”

work relationships completely. “By

etc.), the focus morphs into “well-

30

SAN DIEGO LAWYER | November/December 2019


meaning” men being the real victims.

both mentors and mentees of

feeling more empowered to set

Third, these approaches unwittingly

critical professional growth.

boundaries. If women are setting

punish the female victims. It is the

and communicating boundaries

old “this is why we can’t have nice

Dr. Steven Jones, CEO of JONES,

up front, they will be going to their

things” approach. These responses

a company that specializes in

male colleagues directly, which

suggest that women were better

developing leaders who are

should be the goal. The #MeToo

off before and, now, because of

equipped to counter oppression

movement basically forces men

what they have done (which is to

through diversity, inclusion and

to reevaluate their normal and this

speak up), they will be negatively

organizational effectiveness, says

reevaluation is part of the evolution

impacted. The price of having a

that he has encountered this

of the greater good.”

voice is ostracism. Fourth, taking

mindset in his trainings.

the drastic move of abandoning or

Dr. Jones advises companies who

eliminating mentorships altogether

Dr. Jones emphasizes the

are struggling with adapting to

is really taking the easy way out.

importance of what is called

this new norm to encourage their

It requires no self-reflection, hard

“effective mentoring,” which involves

leadership to be clear that they

work or growth. It is abdicating your

a two-way relationship. “Mentoring

welcome setting boundaries. An

responsibility as a leader instead of

is not about allowing the mentor

effective leader will tell his or her

reexamining your relationships.

to dictate the terms — effective

employees: “If I do something that

mentoring requires both individuals

crosses the line or that causes

At the outset, it is important to

to say what they want and need to

you to feel disrespected or causes

note that excluding women from

be emotionally and psychologically

concern, please speak up before it

mentorship opportunities can open

safe and successful. Setting

becomes a pattern.”

employers up to claims of sex or

boundaries and establishing norms

gender discrimination. Because of

becomes even more important when

In other words, the #MeToo

the acute exclusion, the professional

mentoring across gender identities.”

movement should not be

and personal growth of promising

Dr. Jones explains, “When different

viewed as a reason to avoid

female employees will be stunted,

gender identities are involved, both

women or mentorships, but as

resulting in a growing gender divide.

the mentor and mentee need to

an opportunity to reexamine

Denying female employees the same

establish when and where they

assumptions and help guide

mentoring opportunities accessible

meet, whether the door might

employees in creating feedback-

to men — whether inadvertent or

stay open, etc.

rich mentoring relationships. The

done for an arguably legitimate

#MeToo Movement is really the

reason — perpetuates a gender power

"The goal is to make sure that

natural progression of realizing

imbalance and is discriminatory.

both parties are comfortable. The

diversity, inclusion and equity

Moreover, this practice works against

reason some men are feeling

in the workplace. Diversity is

any company's diversity and inclusion

uncomfortable is that effective

increasing, women are at the

efforts and goals.

mentoring requires us to scale up

table and now they are using their

and step into the role of establishing

voices to demand equity. It is up

Taking the more conservative

safe and equitable relationships

to employers and their leadership

approach of eliminating mentorship

instead of leaving it to women.

to evolve with the times, embrace

for both men and women may avoid

Instead of operating from a place of

the growing pains and support this

a discrimination claim, but it deprives

fear, men should welcome women

positive change.

Hali Anderson

Whitney Hodges

(handerson@grahamhollis.com) is a Labor

(whodges@sheppardmullin.com) is Partner at

and Employment attorney with

Sheppard, Mullin, Richter & Hampton LLP.

GrahamHollis APC. SAN DIEGO LAWYER | November/December 2019

31


A BENCH OF THE PEOPLE By Renée Stackhouse

J

erry Brown appointed 644 judges

judges are women. Six identify as Asian

during his eight years in office

(4.5%), nine as African American (6.7%), 13

(2010-2018) as Governor of

as Latino (9.7%), 94 as white (70.1%), two as

California, 200 of which were appointed

other (1.5%), one as “more than one” race

in 2018. Over half were women and 41%

(.7%), and nine chose not to self-identify

identified as “non-white.”1 Women now

(6.7%). Notably missing is the presence

account for 35% of the state bench,

of any Pacific Islanders and Native

compared to 26% in 2006. A dedication

Americans.

2

to a diverse bench is not new for Governor Brown who, when serving as

Interestingly, San Diego’s bench make-

Governor from 1975 to 1983, named the

up has not changed much as a result of

first woman chief justice of the California

appointments over the last few years.5

Supreme Court (Rose Bird), the first Latino

It has, however, changed over the last

Associate Justice (Cruz Reynoso), and

decade. Since 2007 the number of

its first two African American Associate

women judges has increased 8.2%, Asian

Justices (Wiley Manuel and Allen

representation has increased, African

Broussard). He also appointed the nation’s

American representation increased 2.4%,

first openly gay and lesbian judges.

and Latinos increased 4.2%.

In March 2019, Governor Gavin Newsom

The San Diego bench also currently

opened the application process for

has four (self-identified) gay and two

judicial vacancies on the California

lesbian members (up from two and zero,

trial and appellate courts. Governor

respectively in 2011 when first tracked);

Newsom went on to create regional

five veterans (unchanged); and one

Judicial Selection Advisory Committees,

disabled judge (up from zero in 2014

the composition of which he made

when first tracked).

public, to provide preliminary, nonpartisan feedback on candidates and

The way to effectuate continued

help promote a diverse and inclusive

change is to become familiar with the

nomination process. One of those

requirements and start the process of

committees is right here in San Diego.

seeking appointment. For those who might not be there yet, it is time to start

Governor Newsom is quoted as saying,

thinking about what your future may hold

“It’s essential that California’s judiciary

and how best to position for success in

reflects the people it serves. That’s why

seeking appointment later. Many of our

our guiding principle is nothing short of

local legal-related organizations provide

full inclusion and access to justice. And

“how to” MCLE on the process and some

our goal is to create a bench as diverse

provide evaluations or letters of support.

and rich in experience as the people

Educate yourself, prepare and remember

of California.”

that, somewhere out there, there is a

3

Renée Stackhouse (renee@stackhouseapc.com) is a founder of Stackhouse APC.

1. https://newsroom.courts.ca.gov/ news/2019-state-of-thejudiciary-address 2. https://www.mcall.com/ newsom-unshrousds-key-partof-how-judges-are-pickedstory.html 3. https://www.lacba.org/docs/ default-source/news/newsomannounces-process.pdf 4. https://www.courts.ca.gov/ documents/2019-JODemographic-Data.pdf 5. https://www.courts.ca.gov/ documents/2018-JODemographic-Data.pdf

young one who will see you in that black Per the 2019 Judicial Officer Demographic

robe and know that he or she, too, can

Data,4 51 out of 135 (38.1%) trial court

succeed in our profession. SAN DIEGO LAWYER | November/December 2019

33


STEPPING UP TO THE BAR 2019

Join us at the biggest SDCBA

FRIDAY

DECEMBER 13 5:30 P.M. - 8 P.M.

member event of the year where we will install our new Board of Directors, hear from our 2020

PROGRAM STARTS 6 P.M.

President, Johanna Schiavoni, and celebrate with our legal community.

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500 West Broadway San Diego, CA 92101

Enjoy heavy appetizers, a photo booth and live music. Complimentary for SDCBA members and their guests.

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REPRESENTING CANNABIS OPERATORS By Whitney Hodges Cannabis laws are complex and constantly evolving. While federal law, including the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Controlled Substances Act” or “CSA”), still prohibits cannabis-related activities within the State’s borders, several largely progressive laws in California permit the possession, cultivation, transportation and distribution of cannabis. Some of these laws are the first of their kind. These state laws, collectively referred to as the “Cannabis Laws,” include: (i) Compassionate Use Act of 1996 (“CUA”); (ii) Medical Marijuana Program Act; (iii) Medical Cannabis Regulation and Safety Act; (iv) certain provisions of the California Uniform Controlled Substances Act; (v) Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”); (vii) Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). In addition to the blend of federal prohibitions and the myriad state authorizations, California has afforded local governments discretion to further regulate cannabis production and distribution for both medical and nonmedical (also known as recreational or adult) uses. California’s early authorization of medical cannabis use did not preempt or limit local regulation related to cannabis activities. AUMA propelled the principle of preserving “local control,” and soon thereafter MAUCRSA retained the doctrine. Interpretation of the Cannabis Laws continues to evolve as local governments experiment with various approaches, including licensing schemes and outright bans. The effects of the burgeoning cannabis industry are far-reaching, and have already impacted the legal community. To this end, it is beneficial to ensure clients are advised of the following facts. Continued on page 37 » SAN DIEGO LAWYER | November/December 2019

35


In Gonzalez v. Raich (2005) 545 U.S. 1, the U.S. Supreme Court held that intrastate cultivation and use of cannabis under the CUA did not place the defendants in that case beyond the CSA’s reach, because Congress’s plenary commerce power extends to those activities. In another case, United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, the U.S. Supreme Court held that the CSA did not authorize an implied defense to its penal provisions based on medical necessity, even where a state strictly controlled access to medical cannabis. At this point in time, the federal CSA and California’s MAUCRSA exist side by side and inherently conflict. The cultivation, distribution and consumption of cannabis in accordance with California’s cannabis laws necessarily violate federal law to the contrary.  

“At this point in time, the federal CSA and California’s MAUCRSA exist side by side and inherently conflict. The cultivation, distribution and consumption of cannabis in accordance with California’s cannabis laws necessarily violate federal law to the contrary.”

Thus, a client should be aware that the law firm is not providing any advice on any illegal activities related to the possession, growth, distribution

specified unlawful activity.” However, under

or sale of cannabis. Rather, the engagement

Section 1957, it is a crime to engage in the same

is limited to advising the client on the validity,

financial transactions Section 1956 criminalizes,

scope and meaning of state and local laws,

but it removes the intent requirement and adds

including as they apply to private placements

a requirement that the transaction be for greater

and investment terms, and to the extent such

than $10,000.

state and local laws conflict with federal or tribal law. Moreover, with the present uncertainty of

It’s possible that the attorney-client privilege

the laws and enforcement policies concerning

may be lost because of the “crime-fraud

cannabis, there is the risk that any agreements

exception” and that our communications may

with persons or entities that are cultivating,

then be discoverable by law enforcement or

distributing, possessing or using cannabis may be

other persons not a party to the engagement.

deemed unenforceable. All in all, it is crucial to keep these laws and Additionally, there are potential issues under the

potential issues in mind when representing

two main money laundering statutes 18 U.S.C.

cannabis operators and cannabis-related

§ 1956 and § 1957. Section 1956 is the primary

service providers.

money laundering statute. It makes it a crime for anyone to conduct a financial transaction when they know that the money comes from specified illegal activity (including revenue from cannabis sales) and the person either intends to promote the illegal activity, helps to evade taxes or knows that

Whitney Hodges

the transaction is designed to conceal the source

(whodges@sheppardmullin.com) is Partner at

of funds. Arguably, there is a requirement that

Sheppard, Mullin, Richter & Hampton LLP.

must have the “intent to promote the carrying on of SAN DIEGO LAWYER | November/December 2019

37


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1899 2019

LOOKING BACK:

SAN DIEGO'S FIRST WOMAN ATTORNEY By George W. Brewster Jr. The SDCBA turns 120 this year. This biosketch is part of a look back at prominent members of the Bar during its origin year of 1899.

C

lara Shortridge Foltz was born in 1849 in Indiana.

However, as Bradley knew, Foltz was not the first female

She moved to Iowa, married in 1872 and moved

lawyer to come to San Diego. Like Foltz, a young woman

west. Her husband deserted her and their

by the name of Alta Hulett fought to change laws that

children in 1876, after which she started pursuing a

prohibited women from practicing law. Hulett graduated

career in the law. Unfortunately, California did not allow

from the College of Rockford in 1870, at age 16, and

for women attorneys and Hastings College of Law

thereafter started her study of law. At 18, she was ready to

denied her admission on the basis of sex. So, she spent

take the bar but precluded by Illinois state law. She thus

the next couple of years advocating for change. That

drafted legislation that prohibited barring employment

change came in the passage of Section 18, Article 20 of

on the basis of sex. She succeeded in this quest and was

the Constitution of California, which she authored. The

the first female attorney in the State of Illinois at age 19.

bill stated that no person shall, on account of sex, be

This was the first enabling law in the nation — likely what

disqualified from entering upon or pursuing any lawful

influenced Foltz to propose her bill in California in 1878.

business, vocation or profession. Hulett practiced in Chicago for three years. At 22, she was Foltz was admitted to the California Bar on September 5,

diagnosed with hereditary consumption (tuberculosis),

1878. She was the first woman admitted to practice in

which had killed her father at age 35. She left for a

California and the third in the U.S. She practiced in

warmer climate, first to San Francisco and then to

San Francisco, then, in 1887, moved to San Diego and

San Diego in January 1877 (10 years before Foltz). She did

initially focused on real estate law with some acclaim

not set up a practice and died March 26, 1877, at 22 years

as San Diego’s first female attorney. It appears that, in

old. She was buried in an unmarked grave in Mt. Hope

the same year, she founded a newspaper

Cemetery in San Diego.

(San Diego Daily Bee), which was purchased by the San Diego Union in 1888.

Did Foltz, who lived in the San Francisco area from 1876 to 1887, meet Alta Hulett? If so, did they discuss Hulett’s

Foltz and her children then moved north to Los Angeles

success with the Illinois legislature, after which Foltz

where Clara served two terms as a deputy district

submitted a similar bill in 1878?

attorney. At the age of 81, she was the first woman to run for Governor for the State of California (1930),

Eighty years later, in 1957, the Women Lawyers of San Diego

on the Republican ticket. She has a long list of other

County, led by Judge Bradley, erected a grave marker for

accomplishments (including a strong public defender

Hulett, one of the first female attorneys in the U.S., and likely

system), which go way beyond my word limit. She died at

the first female attorney to set foot in San Diego.

age 85 in 1934. George W. Brewster Jr. During the 1995 dedication of the Madge Bradley Court

(sandbrews@aol.com) is a retired

building, Judge Bradley (ret.), the first female judge

attorney after 35 years of practice,

in San Diego County (1953-71), specifically thanked

including JAG, private practice and the

Foltz for blazing the way for women to enter the legal

last 30 with the County of San Diego,

profession in California.

Office of County Counsel. SAN DIEGO LAWYER | November/December 2019

39


Donate the equivalent of one hour of your billable time (or whatever you can) today! Your donation will provide access to justice to the San Diego community.

A LITTLE GOES A LONG WAY! $40 can provide one hour of legal assistance for low-income individuals and families

$50 can provide one hour of legal assessment and education for domestic violence victims

$77 can provide one-on-one legal services support for employment and immigration rights cases

$200 can provide one hour of legal services for veterans in San Diego County

WAYS TO DONATE: $4 Million

Granted to provide access to justice to the San Diego community

50+

Organizations Supported

sdcbf.org/giveanhour @SDCBF

P: 619.231.7015 | E: info@sdcbf.org | sdcbf.org


Meet Gayle Blatt, Incoming President of the San Diego County Bar Foundation

P

oised to assume the presidency of the San Diego County Bar Foundation, Gayle M. Blatt is a tenacious and dedicated attorney with a practice focused on complex and class action litigation. Blatt is ready to lead San Diego’s nonprofit arm of the legal community. The San Diego County Bar Foundation awards grants to nonprofits fighting for legal justice for people and communities impacted by poverty, abuse and discrimination. Funds raised by the organization assist refugees, asylum seekers, immigrants, the working poor, domestic violence victims, the disabled, veterans, the homeless, low-income seniors and at-risk youth – those who don’t have access to legal counsel and education that can help them navigate the legal process.

As head of CaseyGerry’s complex litigation practice group, Blatt has served on the board of directors for SDCBF for three years and is active in the community as well as professionally. She serves on the Board of Trustees for California Western School of Law and is on the Board of Director of the Lawrence Family Jewish Community Center. Over the years, she has been repeatedly recognized for her successes and work ethic, is consistently ranked in Best Lawyers in America and Super Lawyers and has been recognized with a President’s Award by the Consumer Attorneys of San Diego. “I’m grateful to have a career where I can help people who have been wronged and need assistance navigating the legal system. Through my work with the Foundation, I’ve learned about some of the wonderful non-profit groups doing great things to help our community become a more caring and supportive place for those who need fair access to justice,” said Blatt. “The Bar Foundation supports these organizations that help vulnerable people who otherwise would not have a way to get desperately needed assistance, a fresh start in life and other support when they need it the most. For me, helping others is a mission in itself, and we all contribute in our own way.”

What drives Blatt most are the moments when she’s participated in efforts that change a person’s life for the better. She treasures the opportunities and the work of the Bar Foundation to help make these moments reality for so many. Blatt is joined in her efforts by a devoted and enthusiastic group of colleagues, many of whom are practicing local lawyers, who are compelled by an obligation Gayle Blatt and Lorena and desire to provide access to justice for the underserved. Slomanson of Legal Aid Society Every year, Blatt and the other 25 members of the board of In 2018, the San Diego County Bar Foundation awarded $521,000 to 24 directors pay personal visits to the dozens of nonprofit organizations that local nonprofit organizations, providing legal services, public awareness apply for grants. education and improvements to the region’s justice and court system. “We vet these organizations by meeting staff, taking tours of facilities, Since it began its grants program in 1979, the Bar Foundation has observing programs and more,” Blatt said. “We ensure the money distributed more than $4 million to more than 50 legal aid and public raised by the Foundation is spent on proven and effective programs. I interest organizations. For more information, or to make a donation, visit am particularly touched by the vast range of communities served by our www.sdcbf.org. grantees. The site visits are inspiring and make me want to do more and give more. I know the rest of the Bar Foundation board feels the same way.” The Bar Foundation’s grant funding comes from ongoing fundraising throughout the year, showcased by its annual “An Evening in La Jolla,” held on Sept. 28 this year; the Distinguished Lawyer Memorial, which honors deceased lawyers and judges of the San Diego Bar who demonstrated superior legal skills, high ethical standards, and service to their community; and “Give an Hour” – an ongoing fundraiser which calls on legal professionals to donate the monetary equivalent of one hour of their billable time. Blatt added, “We know time is scarce, but we also know time is money – giving an hour this way can make a huge difference in helping us fund the organizations who serve the under-served.” Gayle Blatt and members of the SDCBF Board at the Distinguished Lawyer Memorial 2019


SDVLP CELEBRATES PRO BONO WORK

S

an Diego Volunteer Lawyer

Outstanding Law Firm honoree,

SDVLP also celebrated Craig

Program celebrated attorneys

DLA Piper LLP (U.S.), have helped

Countryman, a long-time SDVLP

and law firms who have

low-income, self-employed clients

director, who passed away in

consistently contributed significant

through SDVLP's microbusiness

August 2019. An IP attorney with

pro bono time and resources at its

project. DLA attorneys have also

Fish & Richardson, Craig was a

annual Justice For All Celebration

assisted with guardianship, domestic

strong advocate for pro bono

on September 26. The honorees

violence and many other services.

services. Throughout his 15-year

demonstrate that an attorney doesn’t

legal career, he worked on a wide

need to have specific legal expertise

range of pro bono matters.

to be a pro bono provider; all that’s required is a law degree and a desire

SDVLP has changed the lives of

to help others.

countless women, children and men, thanks to the generosity of the legal

Carla Nasoff, who received the

Casa Cornelia Law Center, which

community. Each year, hundreds of

Pro Bono Publico award, had no

provides immigration legal services

attorneys volunteer their time to help

experience with immigration law

to victims of human and civil rights

thousands of individuals with civil

when she started volunteering with

violations, received the Community

law issues. Whether it is handling

SDVLP. Over the past four years,

Service Award. Executive Director

a matter or volunteering at one of

she has donated over 860 hours

Carmen Chavez encouraged all

SDVLP’s many clinics, there is a role

to help foster youth navigate the

attorneys to embrace pro bono

at the organization for anyone willing

immigration system.

values, including due process, fair

to help.

treatment under the law and access Product liability, corporate and

to legal services for all.

Learn more at www.sdvlp.org.

litigation attorneys from the

WHAT TO DO

WHEN ...

OPPOSING COUNSEL DOESN'T RETURN YOUR CALLS By Elizabeth Blust A few years ago, opposing counsel

months, I called the State Bar of

disappeared shortly after our case

California Ethics Hotline to

was taken off calendar.

seek guidance.

The parties had reached a

From the resources they provided,

settlement, but we needed to finalize

I ascertained I could send a letter

it. I called. I emailed. I sent certified

to the client asking simply if the

mail. I could not get a response

attorney still represented him, and, if

from opposing counsel.

so, could he please have his attorney contact me. This worked. The

I managed to discover that this

attorney called me.

attorney had experienced some major life events, so I tried to be understanding, but my client and the other interested parties wanted to move on. Finally, after several

Elilzabeth Blust (egblust@blustlaw.com) is founder and owner of Blust Law.

SAN DIEGO LAWYER | November/December 2019

43


JUDICATE WEST THE GOLD STANDARD in Private Dispute Resolution

Hon. Jan M. Adler, Ret.

N. Denise Asher, Esq.

Hon. Victor E. Bianchini, Ret.

Jonathan A. Brenner, Esq.

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Robert J. Kaplan, Esq.

Hon. Joan M. Lewis, Ret.

Hon. Leo S. Papas, Ret.

Gregory A. Post, Esq.

Hon. Ronald S. Prager, Ret.

Hon. Joel M. Pressman, Ret.

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These respected neutrals are available through Judicate West. For more information call (619) 814-1966 or visit our website at

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WHY I BELONG Favorite website: Skyscanner.

TINA MALEK Law Office of Tina Malek

Hobbies: Traveling, snowboarding and eating.

Education: University of Texas at Dallas, Seattle University School of Law

Favorite book: War Against All Puerto Ricans.

Areas of practice: Immigration Law

Best concert you’ve ever been to: Boyz II Men. Favorite food: Sushi.

Proudest career moment: Helping people at the airport during the travel ban. Family: My mom, sister and cousins that are practically siblings.

Do you have a unique skill or special talent nobody knows about? I once ate a whole watermelon. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Organization and time

Birthplace: Denton, Texas.

management skills.

Current area of residence: Downtown San Diego.

Do you have a mentor?

“If I weren’t an attorney, I’d be ...”: I’d like to run a coffee

Not a mentor, but I really admire Barry Scheck. What would you most like to be known for?

shop or wine bar. “The best thing about being an attorney is...”:

Hard work and results. What makes San Diego’s Bar so special/unique?

Litigating.

The San Diego Bar has a very unique, small family feel.

Last vacation: Greece.

Meet Your

Bar-ista

What are your main

What is your favorite

responsibilities at the Bar?

food?

I have many. For starters, I take care

My mother's lumpia.

of our members' needs. If they need help on anything, I will do my best to help them.

What’s your favorite quote? “Once a Marine, always a Marine. Improvise, Adapt, Overcome."

SDCBA Staff Serving Our Members

I also set up events, do audio/ video recordings and help all the departments in the SDCBA. How long have you been working at the Bar?

Where is your favorite place in San Diego? The mountains with my family, especially Julian and Descanso campgrounds.

20 years. What is your favorite part

20 YEARS with ALDRIN RING Building Operations Coordinator

of your job? There is a lot about my job that I love, but my favorite is helping our members. SAN DIEGO LAWYER | November/December 2019

45


30,000 CLIENTS

ARE WAITING TO GET REFERRED TO YOU

The SDCBA’s Lawyer Referral and Information Service (LRIS) makes over 30,000 client referrals to local attorneys every year. You could be one of those attorneys. As part of the LRIS program, you would be in great company. Our thorough qualification process ensures you will be part of a competent and conscientious group of lawyers carefully selected to provide the peace of mind our clients trust and rely on. And rest assured, we are equally judicious in qualifying potential clients before we refer them to you. Applying to join is very affordable, especially for SDCBA members. Best of all, by participating in the program, you will be helping clients get legal services they might not otherwise know how to find – and gain great clients for your practice – a true win-win. All of which makes applying to join LRIS an easy case to make.

Learn more about applying for LRIS today: (619) 321-4153 or LRIS@sdcba.org


Distinctions The following individuals in our community were recently honored for their achievements:

Olga Ă lvarez, Judy Bae and Commissioner Terrie Roberts were recently appointed to the Superior Court of San Diego

At the Casa Cornelia Law Center 12th Annual La Mancha

County by Gov. Gavin Newsom.

Awards: District Court Judge Dana M. Sabraw received the Lucy Howell La Mancha Humanitarian Award;

Nicholas J. Fox, Foley & Lardner LLP, was honored with the 2019 Rising Star Recent Alumni Award at the University of San Diego

Nancy G. Aeling, Esq, the Distinguished Pro Bono Attorney of the Year Award; and Wilson Sonsini Goodrich & Rosati, the Pro Bono Law firm of the Year Award.

School of Law Distinguished Alumni Awards Luncheon.

Joe Villasenor, Legal Aid Society of San Diego, LLC, was honored with the Rising

Srinivas Hanumadass, CaseyGerry, was

Star Award from the National Consumer

elected to the board of directors of the

Law Center.

Consumer Attorneys of California (CAOC).

Keep Your Member Benefits Going in 2020! Login / Renew: www.sdcba.org/myrenewal ADVERTISERS INDEX ADR Services, Inc. . . . . . . . . . . . . . . . . . . . . . 32

Monty McIntyre, Esq. . . . . . . . . . . . . . . . . . . . . . . 19

AHERN Insurance . . . . . . . . . . . . . . . . . . . . . 4

Noonan Lance Boyer & Banach, LLP . . . . . . . . . . . . . 15

CaseyGerry . . . . . . . . . . . . . . . . . . . . . . . . . 3

Panish Shea & Boyle . . . . . . . . . . . . . . . . . . . . . . 52

First Republic Bank . . . . . . . . . . . . . . . . . . . . 38

San Diego County Bar Foundation . . . . . . . . . . . . . . 40

Gomez Trial Attorneys . . . . . . . . . . . . . . . . . . 42

USClaims . . . . . . . . . . . . . . . . . . . . . . . . . . 2

JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Vosseller Law Firm . . . . . . . . . . . . . . . . . . . . . . 26

Judicate West . . . . . . . . . . . . . . . . . . . . . . . 44

West Coast Resolution Group . . . . . . . . . . . . . . . 16, 29

LawPay . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Wheatley Mediation Services . . . . . . . . . . . . . . . 10

Lawyer Referral & Information Service . . . . . . . . 46 SAN DIEGO LAWYER | November/December 2019

47


PHOTO GALLERY BENCH-BAR LUNCHEONS Judges and attorneys from shared practice areas gathered to build connections and discuss meaningful issues over an intimate lunch. CIVIL AND CRIMINAL LAW

L-R: Daniel Doft, Davin Kono, Andrew Schouten

Nicole Pedone, Angil Jones

L-R: Hon. Robert Trentacosta, Hon. Edward Sturgeon, Hon. Kevin Enright

FAMILY AND PROBATE LAW

L-R: Hon. Truc Do, Hon. John Scherling

Hon. Loren Freestone, Puja Sachdev 48

SAN DIEGO LAWYER | November/December 2019

Danielle Barger


PHOTO GALLERY EVENING IN LA JOLLA The San Diego County Bar Foundation hosted its annual fundraising event to ensure access to legal services for underserved communities.

Lilys McCoy, Casey Gwinn

Miranda Varoz, Susanne de la Flor

Roxanne Carter, Ethan McCullough

L-R: Linh Lam, Anne Beaumont, Johanna Schiavoni, Barbara Trigueros SAN DIEGO LAWYER | November/December 2019

49


100

LUB

EN PERC T C 2019

THANK YOU 100 PERCENT CLUB 2019 The San Diego County Bar Association wants to thank all of the San Diego law firms that have provided SDCBA membership to 100% of their attorneys in 2019. Your commitment to the San Diego legal community is greatly appreciated.

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 Bonnie R. Moss & Associates 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 Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP Fleischer & Ravreby 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 Society 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


MEMBERS CAN SAVE THOUSANDS OF DOLLARS on everyday services from these trusted SDCBA partners. We’ve negotiated these great deals for you. Start saving today!

Preferred Provider

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Enjoy up to a 20% discount as an SDCBA member, depending on coverage. AHERN offers members an Exclusive Lawyers Professional Liability Program with AXA XL, as well as a full line of insurance products designed specifically for law firms.

FREE:

SAVE 10% on Ruby’s virtual receptionist service, with no setup fee

Scanner with Remote Deposit Service Interest bearing personal checking No 1st year fee commercial credit card No loan fee for Business Line of Credit

10% DISCOUNT on Law Practice Management software, plus free trial and training

®

AN AF F I NI PAY S OL UT I ON

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on our Best Value List of preferred products

on Law Practice Management software, plus free trial and training

SAVE UP TO 30%

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on Lenovo PC product purchases online

EXCLUSIVE RATES FOR SDCBA MEMBERS

Discounted rental rates for business or pleasure travel

SAVE 50% OFF MSRP on office technology, exclusively for SDCBA members.

SAVE UP TO 50% 50% on Domestic Next Day/Deferred 30% on Ground Commercial/Residential

GET EXCLUSIVE MEMBER DISCOUNTS on car insurance

FREE PARKING

NIGHTS & WEEKENDS at the Union and B Street lot

FREE Your legal news feed custom tailored to you.

Learn more about exclusive offers from the providers above at

www.sdcba.org/memberbenefits


R E F E R R A L S T H AT

REALLY PAY OFF OVER $2 BILLION IN VERDICTS AND SETTLEMENTS SINCE 2010

PANISH SHEA & BOYLE

LLP

OVER $200 MILLION IN REFERRAL FEES PAID SINCE 2010

OFFICES IN CALIFORNIA AND NEVADA The attorneys of Panish Shea & Boyle LLP have obtained some of the most significant verdicts and settlements in U.S. history. With 20 eight-figure and nine-figure verdicts in the last 10 years, no other California or Nevada plaintiff’s firm wins this big, as often, as Panish Shea & Boyle LLP.

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.

WE MAXIMIZE THE RECOVERY TO OUR CLIENTS, WHICH MAXIMIZES THE REFERRAL FEE TO YOU.

EXPERTISE • Wrongful Death • Catastrophic Personal Injury • Defective Products • Trucking Accidents • Motor Vehicle Accidents • Industrial Accidents • Dangerous Conditions • Aviation & Railway Disasters • Government Liability • Brain & Spinal Cord Injuries • Automotive Defects

WWW.PSBLAW.COM | TOLL FREE 877.800.1700

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San Diego Lawyer November/December 2019  

Inside this issue: Diversity, Representing Cannabis Operators, Looking Back: San Diego's First Woman Attorney, and How to Find Your Next Cli...

San Diego Lawyer November/December 2019  

Inside this issue: Diversity, Representing Cannabis Operators, Looking Back: San Diego's First Woman Attorney, and How to Find Your Next Cli...

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