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LAW SCHOOL COLUMN by Newri Kim
39
ETHICS Family Feud: When No Is the Better Answer by Edward McIntyre
41
WHY I LAWYER Lawyering: My Path to Self-Empowerment by Gayani R. Weerasinghe
43
TECHNOLOGY Tech Tips and Tidbits by Bill Kammer
43
BUSINESS OF LAW A New Year’s Resolution Your Family Will Appreciate: A Succession Plan by Edward McIntyre
WHAT TO DO WHEN YOU DECIDE TO PURSUE AN LL.M DEGREE by Julie T. Houth JUSTICE BEGINS HERE: THE WORK OF THE LEGAL AID SOCIETY by Gregory Knoll DISTINCTIONS & PASSINGS Community members honored and remembered for their achievements MEET YOUR BAR-ISTA Perla Perez LRIS Specialist
45
PHOTO GALLERY
JUDICIAL PERSPECTIVES ON VIRTUAL HEARINGS FOR 2022 by Christine I.P. Schumacher
32
IS IT WORTH IT TO APPEAL A LOSS IN PROBATE COURT? by David G. Greco
2022 SDCBA PRESIDENT DAVID MAJCHRZAK Ready to Engage by Ron Marcus
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EVERYTHING I NEED TO KNOW TO AVOID BEING SCAMMED I LEARNED IN ETHICS CLASS by Michael G. Olinik
36
LET’S GO CLUBBING! by George W. Brewster Jr.
44
ANGELA MEDRANO The San Diego County Bar Association’s First Native American Member of Its Board of Directors by Wilson A. Schooley
SAN DIEGO COUNTY BAR ASSOCIATION RAISES FUNDS TO PROVIDE LEGAL SERVICES TO THOSE IN NEED
YOUR SAFE PLACE: A LOCAL RESOURCE FOR VICTIMS OF ABUSE — AND A PLACE TO VOLUNTEER by Diane Doherty WHAT ARE PEOPLE READING? by Rebecca F. Zipp BOOK REVIEW Alpha: Eddie Gallagher and the War for the Souls of the Navy SEALs by Michael L. Crowley
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SAN DIEGO LAWYER | January/February 2022
5
®
®
SAN DIEGO LAWYER EDITORIAL BOARD
Issue 1, January/February 2022
Co-Editors George W. Brewster Jr.
Gayani R. Weerasinghe
Editorial Board Issue no. 1 . San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price of an annual subscription to members of the San Diego County Bar Association is included in their dues. Annual subscriptions to all others, $50. Single-copy price, $10.
Stephanie Ahlstrom Eric Alizade Shelley Carder Sara Gold Wendy House Julie Houth
SAN DIEGO COUNTY BAR ASSOCIATION
Periodicals postage paid at San Diego, CA and additional mailing
Board of Directors
offices. POSTMASTER: Send address changes to San Diego Lawyer,
President David Majchrzak
401 West A Street, Suite 1100, San Diego, CA 92101. Copyright © 2021 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer are those of the authors 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.
401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 • bar@sdcba.org • www.sdcba.org
Anne Kammer Edward McIntyre Michael Olinik Stephanie Sandler Wilson Schooley Andrea Warren
President-Elect A. Melissa Johnson Immediate Past President Renée N.G. Stackhouse Treasurer Michelle A. Gastil
Directors Leslie Abrigo Rebecca Kanter Stacey A. Kartchner Tatiana Kline Brenda Lopez Angela Medrano Spencer Scott Robert M. Shaughnessy Fanny Yu
Vice Presidents Warren Den Wilson A. Schooley L. Marcel Stewart Kimberly Swierenga
New Lawyer Division Chair Jake Zindulka
SDCBA Staff — San Diego Lawyer
Senior Designer Attiba Royster
Executive Director Jill Epstein
Content and Publications Editor Savanah Tiffany
Director of Marketing & Outreach Ron Marcus
Marketing Manager Sasha Feredoni
ADVERTISERS INDEX 4xForensic . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ADR Services, Inc. . . . . . . . . . . . . . . . . . . . . . . 30 Alternative Resolution Centers . . . . . . . . . . . . . . 13 Arizona Forensic Engineering Investigations . . . . 39 CaseyGerry . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Judicate West . . . . . . . . . . . . . . . . . . . . . . . . . 42 LawPay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Lawyer Referral & Information Service . . . . . . . . 38 6
SAN DIEGO LAWYER | January/February 2022
Mercer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Monty A. McIntyre, Esq. . . . . . . . . . . . . . . . . . . . 19 San Diego County Bar Foundation . . . . . . . . . . . . 16 Signature Resolution . . . . . . . . . . . . . . . . . . . . . 10 Stone Kalfus LLP . . . . . . . . . . . . . . . . . . . . . . 19 Todd Bulich Real Estate Company, Inc. . . . . . . . . . 48 West Coast Resolution Group. . . . . . . . . . . . . . . . 34
LAW SCHOOL COLUMN by Newri Kim
G
etting into law school is no easy feat. Learning how to balance your demanding studies, internships, and extracurriculars in a competitive environment is even harder. However, there are two more hurdles to tackle before you can add “Esquire” after your name: graduation and the bar exam. Here are some tips I have learned throughout my journey that have made my preparation for graduation and the bar exam much less daunting.
Third, find what works for you! Traditionally, most
First, I cannot stress enough the importance of utilizing the network around you. I found that talking to different people (whether that be your peers, professors, advisors, or attorneys) and hearing their unique experiences has given me invaluable knowledge that I would not be able to learn from a book or the internet.
Finally, create a study schedule and stick to it.
Second, keep your calendar organized. To prepare for graduation, maintain a checklist of graduation requirements. Most schools have a graduation checklist, but if your school does not provide you with one, make an appointment with a counselor to ensure that you are on track to graduate. I highly recommend submitting your Moral Character Determination Application and taking the Multistate Professional Responsibility Examination before you start bar prep. Postponing these two requirements could lead to a delay in your ability to practice law, so submit your documents and pay all required fees early!
JUST FOR SDCBA
MEMBERS:
schools partner with commercial bar review programs such as BARBRI, and most students undergo bar review through these commercial programs. However, there are many other programs that may be better suited to your learning style and schedule. Do not feel limited to sticking with the program that your school offers. Do your research and make a choice based on your personal preferences.
Before starting bar review, identify what subject areas you may need extra time for, and try to review those subject areas beforehand so that you are not spending too much time trying to memorize the law. Then, map out your schedule on a day-to-day, hour-to-hour basis. Having meticulous time management skills is the key to effectively preparing for the bar. These are just a few things I have learned along the way, and I hope you find them helpful. To those preparing for graduation and the bar, I wish you the best of luck. See you on the other side! Newri Kim (nskim@law.cwsl.edu) is a 3L at California Western School of Law.
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ETHICS by Edward McIntyre
FAMILY FEUD? When No Is the Better Answer Macbeth unfolded his napkin, turning to the young woman on his right. “Lisa, I’m glad you joined us for lunch. Sara’s told us so much about you.”
“Indeed, it does. Each can give informed written consent to the joint representation.” “That would also apply to the estate plan, wouldn’t it?”
“I appreciate you asking me. I have a sticky situation. Sara suggested I ask you. You know we were law school roommates?” “I do. Frequently friendships that last a career, or even beyond. Tell us about your situation?” “My sister’s getting married. She and her fiancé asked me to draft a prenuptial agreement, and after the wedding, do their estate plan. Of course, I’d do it gratis. But it seems, well, so … personal.”
“Correct again. We’ll get to that. What do you think the informed consent would be for the premarital agreement?” “Well, it would designate the property they own now as separate property. Maybe include future gifts. Inheritances. Debts even. They haven’t spelled out — to me at least — what they want to cover.” “I see. Are they concerned about divorce someday?”
“Have either of them been married before? Do they have children?”
“Not really. They’re very much in love. My sister certainly is. But, well … the statistics aren’t especially great.”
“No, not at all. This is their first marriage.”
“True, sadly. You and your sister are close?”
“Fine. Would you represent just your sister, or both of them?”
“Very. We’ve been each other’s best friend since we were kids. Only two years apart.”
“Both. They don’t intend to involve another lawyer.”
“Your future brother-in-law? Do you like him?”
“I see. That may present some complications, however. No matter what they think they want.”
“He seems fine. I mean, I don’t really know him that well. But, my sister ...”
“How so? They both want the prenup.”
“I understand. Let me ask. Suppose in negotiating the agreement, they disagree about something. Assume, say, inheritances. You think your sister should protect what she might inherit from your parents. Her fiancé thinks inheritances should be community property.”
“Of course. But you would have joint clients, with potentially conflicting interests. You’d be representing them contemporaneously. In the same matter.” “Can’t they waive any conflict? Doesn’t the conflict rule allow that?” 8
SAN DIEGO LAWYER | January/February 2022
“OK. I see the issue.”
“Of course you do. Would you truly be able to devote
“Of course, but —”
your full loyalty to her fiancé, your client, and give your sister, your other client, the same full measure of
Sara again. “Soon you’ll be family. Don’t you think,
loyalty? If you advise them, say, that the agreement
over time, you’ll all be more comfortable if you
should protect inheritances, isn’t there at least the risk
aren’t involved in something so personal to
your advice is clouded by your feelings for her?”
their relationship?”
“Isn’t that what informed consent covers?”
“You may be right. You’re such good friends, all of you. But would you mind if I told them my ethics advisors
“It does. And much more. But wouldn’t you have to tell
said they need separate lawyers, and I shouldn’t be
them — in particular her fiancé — that if they disagreed
one of them?”
on something important, you might be tempted to favor her because you’re so close? Wouldn’t informed
Macbeth smiled. “Blame it on the ethics nerds, by all
consent have to include that caution?”
means. Shall we order?”
“Likely, yes. But wouldn’t that cover it?”
Editor’s Note. The current client conflict rule is rule 1.7. Rule 1.7(d) requires the lawyer reasonably to determine that the lawyer can competently and diligently represent each, notwithstanding their informed written consent.
“It could. But how ‘informed’ would that consent be? If one client knows the lawyer’s advice might favor the other because of a personal relationship?” “I see your point.” “I have a different question. Given your relationship with your sister, do you reasonably believe you could
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
provide diligent, competent representation to each of them? You know what I mean. Independent and unbiased advice?” “I guess I hadn’t thought about that.” “It’s an important element of our conflict rule. Even if joint clients give informed written consent, the lawyer must ask: ‘Can I competently and diligently represent each?’ If the answer is ‘No,’ or ‘Not sure,’ the lawyer can’t jointly represent the clients.”
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Sara spoke. “Lisa, is it finances? They can’t each afford a lawyer?” “Not at all. It’s convenience. My sister’s here, has a great career. This is where they’ll be married and live — at least at first. He’s from Texas. With a fine career, has a lawyer there. But that lawyer, of course, can’t practice here.” Duncan joined in. “You know a lot of lawyers. Can’t you easily introduce each of them to a good lawyer who could negotiate the agreement?
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SAN DIEGO LAWYER | January/February 2022
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*Editor’s Note: We are launching a new column, Why I Lawyer. The intent is simple: to have lawyers talk about their journey as a lawyer, what got them on that path — and what keeps them there. We hope it inspires you to write about your own adventure in lawyering for a future column. Submit your ideas at www.sdcba.org/SDLidea.
WHY I LAWYER by Gayani R. Weerasinghe
LAWYERING: MY PATH TO SELF-EMPOWERMENT
L
aw was my path to empowerment. I have often shared
and technology that was not supported elsewhere on the NIH
parts from the story of how I came to work in law, but until
campus. I was angry. I felt powerless. There was no chance of
recent years, I did not feel comfortable or safe sharing
a just outcome because filing a lawsuit against such a scientist
the full story of what changed the trajectory of my career — how
would have meant blackballing myself from the whole field and
I went from a graduate student pursuing a Ph.D. in biomedical
future job opportunities.
research to an attorney practicing business and intellectual property law. I share my story here with the hope that this will
I had to take my losses and start over, which meant adding time
create a safe space for someone else to open up, or at least give
to an already lengthy program. Ph.D. programs in biology usually
strength to anyone who is going through something similar now.
last seven to eight years, but there are no guarantees; graduation is up to your thesis committee, consisting of your thesis advisor
In 2004, I felt excited and fortunate to enter an exclusive Ph.D.
and other professors from the department. Each of those
program with Johns Hopkins University (JHU) and the National
professors have their own graduate students, and often they
Institutes of Health (NIH); they only accepted two students
are not eager to let you graduate because you are well-trained,
that year, and I was one of them. It was a dream come true.
cheap labor.
The program allowed me to choose a clinical laboratory at NIH and also take classes at JHU. I was not new to NIH; I had already spent three years there as a post-baccalaureate fellow, and had published seven peer-reviewed journal articles based on original research when I entered the Ph.D. program. As I started my Ph.D, I wanted to pursue a new area of research and challenge myself. I was fortunate to join one of the top labs for the subject I chose, with a world-renowned scientist as my thesis advisor. In 2005-2006, however, my dreams came crumbling down when this scientist (the head of the lab and my advisor), who was over 30 years older than me, decided to make inappropriate and unwanted suggestions to me in private. The lab was predominantly composed of men, with only a couple of female scientists who were fellows from other countries. I found myself isolated, hoping that maybe I was reading the situation wrong. Unfortunately, as anyone who has experienced this type of situation probably knows, that was not the case. Not only did his advances become more aggressive, but shortly thereafter, he directly propositioned me and threatened to withhold his support of my degree if I did not sleep with him. Even as I am sharing this today, 15 years later, I can feel the lump in my throat when I recall sitting in his office as he said those words and walking out in shock. This article is not meant to be a narrative of the whole episode; however, this immediately caused me to have to switch labs, get a new advisor, file a report with NIH, and start my graduate studies over in a different lab, on a different subject. I also lost two years of work, as the lab I was originally in had special equipment
By 2009, my committee said I was looking at another four to five years before finishing. I was already disenchanted with bench science after my 2006 experience. At the same time, I found myself more passionate about women’s rights, equal opportunities, and wanting to fight unjust situations. Fortunately, my younger sister was finishing law school as I was pondering my options. She encouraged me to think of law, as she knew the anger, powerlessness, and frustration I had experienced (and was experiencing). Coming to law was the beginning of my path to taking back my power. It gave me the tools to feel empowered and made me feel like I could support others. Also, it gave me control over when I could finish my degree and enter the work field. In her book The Path Made Clear, Oprah says: “Your life is not static. Every decision, setback, or triumph is an opportunity to identify the seeds of truth that make you the wondrous human being that you are.” Coming to law, I was able to release anger, find compassion, release powerlessness, find truth, release bitterness, find my voice, and become a better advocate. While my path to lawyering was not usual, I found my experiences led me to a better place where I can help others while feeling empowered. Gayani R. Weerasinghe (gayani@lawgrw.com) is an Intellectual Property & Business Law Attorney, helping entrepreneurs, startups, and biotechs with their transactional needs.
SAN DIEGO LAWYER | January/February 2022
11
TECHNOLOGY by Bill Kammer TECH TIPS AND TIDBITS
Effective use of FRE 502 Federal Rule of Evidence (FRE) 502 came into existence in 2008, but it has had a surprisingly slow adoption as a standard litigation practice. Many federal court litigators still fail to take advantage of its provisions and obtain a confirming court order. Rule 502 provides substantial protection against inadvertent disclosure or privilege waiver, not only in the present case, but also in any future federal or state court matter. For a full discussion of its history, provisions, and effectiveness, consult The Sedona Conference’s recent commentary at https://thesedonaconference.org/downloadpublication?fid=5890. The appendices include the suggested form of an order and a table of the federal courts’ approaches to the rule’s implementation. Although the Code of Civil Procedure does not have a precisely identical provision, section 2031.285 can provide similar protections against privilege waiver. State court litigators, however, are better advised to address the subject in an electronically stored information (ESI) protocol or stipulated order.
E-Discovery Checklist Manifesto This joint effort by Tom O’Connor, with co-authors from Digital War Room and ACEDS , is a new, substantial guide covering all phases of electronic discovery. To a certain extent, it is a functional update of the traditional Electronic Discovery Reference Model (EDRM) which was first developed in 2005. You can find a copy of the manifesto at https://ediscovery.aceds.org/ hubfs/2020-55_ACEDS%20eDiscovery%20Checklist%20 Manifesto.pdf.
ESI Protocols Experienced and reasonable litigators often attempt to craft an ESI protocol that covers most of the items that affect electronic discovery and its requirements 12
SAN DIEGO LAWYER | January/February 2022
to preserve, collect, review, and produce ESI. As with anything else, there is no perfect ESI protocol, but certain elements should be addressed, and certain provisions should be virtually mandatory. A thorough examination is beyond the scope of this column, but there are substantial discussions available in a multipart series on the eDiscovery Assistant website at https:// www.ediscoveryassistant.com/blog. If you visit that site, you can also review a curated database of relevant cases including related glossaries, checklists, and forms.
Be Careful What You Agree To A perfect example of the failure of a drafted ESI protocol occurred in one recent case. A Washington magistrate judge ruled on an issue that resulted from a failure to negotiate agreement terms reflecting the parties’ intentions. The parties had agreed to use certain search terms that produced a yield that the producing party then intended to review for relevance. Any agreement to use certain search terms or Technology Assisted Review (TAR) protocol also requires consideration of the right to review the yields for privilege and relevance. Simply settling upon an agreed list of keyword inquiries probably will not ensure there has been a meeting of the minds. If the issue is later presented to the court, it may conclude, in the words of the Washington M.J., that “a party’s agreement to run search terms does not waive its right to review documents ...” (https://app. ediscoveryassistant.com/case_law/36520-o-donnellsalvatori-inc-v-microsoft-corp).
Agreement Fail, Part Two As eDiscovery evolves toward regular use of frontend technology such as TAR, predictive coding, etc., trial lawyers must understand some basic statistics. Agreements that attempt to address issues of sampling must consider the prevalence, or richness,
of the collection to be sampled. Richness reflects the proportion of the target population that has a desired characteristic, such as responsiveness. If the population is rich, then the sample size necessary to produce the desired precision is reduced. A prior agreement to a certain sample size from a mass of documents with no concept of its richness may lead to invalid conclusions. Another recent Washington federal case involved a dispute presented to the judge about the proper sample size. The producing party proposed 100,000 documents. The judge concluded that 1,000,000 was better. The decision should have reflected the richness instead of simply concluding that more was better.
Memory Lane: Dial-Up Modems If you were an early internet adopter, you probably initially used a dial-up modem. Dial-up was first offered in the United States by Sprint in 1992. The modem basically used telephone infrastructure, taking digital data from the computer, modulating it into an audio signal, and sending that over Ma Bell’s twisted-pair lines to another dial-up modem that reversed the process. Broadband internet access in the late 1990s initiated the demise of dial-up modems. But 34% of the U.S. population was still using dial-up in 2000. That number fell to 3% by 2013, and 0.3% by 2017. In one word, dial-up was “slow,” and when in use, it prevented
Vinton Cerf, a Father of the Internet Along with Bob Kahn, another student at UCLA, Vinton Cerf designed the Transmission Control Protocol/ Internet Protocols (TCP/IPs) and the fundamental architecture of the internet. They produced their first invention in 1974. From an early age, Cerf had suffered from a hearing impairment. He later attributed some of his interest in computer networking to its promise as an alternative communication channel for those with hearing impairments. He is presently a Vice President and Chief Internet Evangelist for Google.
use of the phone line for verbal communication. Originally, modems only transmitted 300 bits per second (bps); later they could reach 56 Kbps. With broadband modems, DSL, and cable, speeds commonly available to today’s customers are measured in Mbps.
Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.
Business of Law by Edward McIntyre
A NEW YEAR’S RESOLUTION YOUR FAMILY WILL APPRECIATE: A SUCCESSION PLAN
2
022 is now upon us, with its “resolutions” —
“But,” you think, “I have an estate plan; a family trust
some of which did not survive January.
with appropriate successor trustees. That takes care
If, however, you are a sole practitioner, or even
of everything if I’m no longer here.”
in a partnership with another lawyer or two, you might consider — or even make a resolution regarding —
Maybe, maybe not.
what happens to your law practice when you’re no longer here.
Some banks in San Diego will not allow a non-lawyer to access a deceased lawyer’s client trust account,
Not a cheery thought. Sorry. But the statistics for living
or even that lawyer’s operating or other accounts,
forever are not in our favor. Not even for young (or
even if the non-lawyer is the estate administrator and
younger) lawyers.
successor trustee of the deceased lawyer’s estate — at least, not without court orders.
Assume you’re a sole practitioner, maybe with a parttime secretary or paralegal. None of your family —
Assume you and a partner practice together.
not your spouse, nor your now-grown children —
For convenience, you are signatory on the client trust
are lawyers. They know little, likely nothing, about the
account; your partner, on the operating account.
inner workings of your practice — just the war stories,
The accounts may even be in separate banking
at times exaggerated, that we all tell.
institutions — frequently a sensible risk mitigation
You have a client trust account, an operating account, and perhaps others. You are the signatory on all those accounts. You maintain them meticulously. But if you suddenly pass away — heart attack, stroke, fatal
strategy to avoid inadvertent commingling. If one of you suddenly passes away, however, the bank may not let the non-signatory lawyer access the account — again, at least not without a court order.
accident — what burdens will fall on your family to wrap
Yes, there is a process for the Superior Court to
up your practice? How will they know who your clients
assume jurisdiction over a deceased lawyer’s
are? How will they get client files returned or into the
practice. It’s in Business and Professions Code section
hands of successor lawyers? What do they do about pending deadlines, or even know about them? How do they determine what unearned funds in your client trust account are due to which client? How do they figure out what client matters should be billed, and to which client? After all, your estate is entitled to those funds. 14
SAN DIEGO LAWYER | January/February 2022
6180, et. seq. But it requires another lawyer, on behalf of the deceased lawyer’s practice, to prepare and file a verified petition with supporting papers and notice hearings; to step into and essentially take over the practice. In some instances, the State Bar’s Office of
Chief Trial Counsel — the State Bar’s arm of
Clearly a worthwhile risk mitigation failsafe — but is
discipline — has stepped in and done it. But its
it necessary?
nearest office is in Los Angeles and, as certain news outlets have emphasized, it has other things on its
Assume you and your lawyer friend, or partner,
plate at the moment.
agree to the requisite additional signatories on client trust and other bank accounts. After making sure the
Why should a lawyer’s family, in addition to the
bank will recognize what you propose, is there more
grief and many other details related to the lawyer’s
you might consider? In addition to those meticulous
passing, also have to take care of winding up
records you keep, might you not get together from
the lawyer’s practice, including getting a lawyer,
time to time to update each other on pending
or the State Bar, to go to court? Think about
matters, clients, files, and bills (outstanding and
another solution.
to come)?
If you have a trusted lawyer friend, consider asking
When any of us should suddenly pass away, think
her or him to be an additional signatory on your client
of the comfort to our families if a lawyer friend can
trust and other accounts. Yes, that requires trust —
say: “I share your grief. But know that I’ll step in and
but you still have the check book in your desk drawer.
wind up your beloved’s law practice with as little
You might also offer a reciprocal service.
involvement from you as I can.”
And, should not the two-lawyer firm have each partner
A resolution to make and keep?
listed as a signatory on every account? Additionally, could they rethink whether they need a “dual signature” requirement on client trust account checks?
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
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SAN DIEGO COUNTY BAR FOUNDATION RAISES FUNDS TO PROVIDE LEGAL SERVICES TO THOSE IN NEED
O
n September 25, 2021, the San Diego County Bar Founda�on held its 24th annual “An Evening in La Jolla”, the proceeds of which will fund organiza�ons throughout San Diego that provide access to jus�ce to underserved communi�es. Following a virtual event last year due to the COVID-19 pandemic, the Founda�on was delighted for this year’s signature event to return to the beau�ful outdoor grounds of the iconic La Valencia Hotel. “An Evening in La Jolla” gathered more than 200 legal and business professionals from the San Diego community. Judges, lawyers and legal supporters socialized while enjoying an array of food, cra� beers, wine, auc�on items and live music. The President’s Award was presented to Gayle Blatt who led the Founda�on through a challenging 2020. Neal Rockwood was presented with the Service Award for his �me and efforts to suppor�ng the ideals of the Founda�on, and staff member Adrianne Davis received the Access to Jus�ce Award for her extraordinary leadership. The 24th annual An Evening in La Jolla raised more than $124,000 to help those at-risk. Through this partnership with the San Diego County legal community, the Founda�on aims to benefit underprivileged communi�es in the region, by providing them with access to support, funding and public service programs providing legal services. The Founda�on’s beneficiaries include more than 50 legal aid and public interest organiza�ons.
The Founda�on’s President, Alreen Haeggquist, recognized board members Gayle Blatt, Neal Rockwood, and staff member Adrianne Davis for their contribu�ons to the Founda�on.
The Founda�on’s mission has assumed an even greater significance this year, as the San Diego County region con�nues to reel from the impacts of the COVID-19 pandemic. The community’s �reless nonprofits need our support now more than ever. Demand for their legal services has surged due to COVID and other recent developments. Despite the challenges and unpredictable nature of planning an event during the pandemic, it was cri�cal that the Founda�on persevere with its fundraising efforts. “We are so incredibly grateful to everyone who supported this year’s An Evening in La Jolla, both in person and otherwise. The San Diego legal community should be proud for stepping up during this hour of need. See you next year!” said Anne Beaumont, Founda�on Secretary and An Evening in La Jolla Committee Chair. The Founda�on is looking forward to awarding its grants to the many deserving organiza�ons and to con�nue to raise funds through its Give an Hour campaign, Cy Pres and planned giving ini�a�ves. For more informa�on about the Founda�on, or to donate, please visit www.sdcbf.org.
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JUDICIAL PERSPECTIVES ON VIRTUAL HEARINGS FOR 2022 By Christine I.P. Schumacher
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ith virtually every sector in society navigating a hybrid model of operations, our courts are no exception. We asked Hon. Dwayne Moring, South Bay Court supervising judge, and Hon. Matthew Braner, Hall of Justice Civil IC judge, for their perspectives on virtual proceedings.
Benefits of Virtual Hearings for Litigants Moring: The increased authority under PC 977 has helped reduce the need for criminal defendants to appear in court. Further, remote hearings have allowed defendants to appear in court without traveling a great distance or miss work for oftentimes brief hearings or continuances. We call self-represented litigants who have filed motions to expunge their records when they forget to log on for the morning hearings. It might be considered coddling the parties, but it’s more efficient to hear the matter that day than to spend time continuing the case and having to place it on the calendar for a future date. Braner: Juvenile justice (delinquency) has just one location in the county, and civil cases are only Downtown and North County. Virtual hearings for far-flung litigants, especially indigent litigants, can be both convenient and more economical. Working parents who appear with their minors can sometimes do so from work.
Benefits for Attorneys Moring: Attorneys who have forgotten about court appearances, or who were not informed about dates reset by the court, can easily be called, texted, or emailed regarding the appearance. When that happens, they often quickly log on and enter the MS Teams meeting.
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Braner: For status conferences, motions without evidence, and other appearances where the parties and the court agree to waive personal presence, virtual can make the court system more accessible and efficient. Attorneys can make appearances all around the county from their offices. Virtual appearances can make out-of-town expert witnesses much more available and at a much lower cost. Recently, in a civil jury trial, a witness testified virtually from Paris. The proponent of this witness did not have to transport him, put him up, and arrange the trial around his availability.
Tips for Virtual Appearances Moring: It’s important that parties have a strong internet connection through their computer or cellphone. Connecting from a location that is not a distraction helps significantly. Braner: Play around with the functions on Zoom or MS Teams BEFORE you log on. Make sure you know how to turn your camera and microphone on and off. Make sure the image you want on the screen is captured. In juvenile, it’s important to see both minor and parent. In civil, you should wear [business attire] as if this were a personal appearance.
Trends and Implementation Moring: I support the continued use of virtual hearings to accomplish continuances and non-contested matters. During the height of COVID, virtual appearances were sufficient for preliminary hearings where witness credibility was not extremely important. I would never recommend a virtual appearance for a jury trial.
The legal community needs to let the legislators in Sacramento know whether it supports virtual hearings and laws that will enable their continued use. Braner: Virtual appearances will be here when the pandemic finally recedes. Instead of relying on the emergency rules, to the extent they are allowed, many departments will propound their own rules; indeed, some already have. Another guess would be that while many judges will prefer live, most will be flexible. On the dependency side, virtual vastly outweighed live appearances during the pandemic and that might continue. There is no right of confrontation, so many dependency cases involve four or more attorneys as well as minors, parents, social workers, etc. These hearings are more manageable when held virtually.
Remote Issues and In-person Preferences Moring: It’s always important to consider whether there is an access to justice issue where low-income litigants (who may be disproportionately people of color) have limited access to technology.
There may also be digital divide issues based on the geographic location of where a party lives. Braner: Minors accused of crimes have the right of confrontation. On the civil side, jurors can’t and shouldn’t be virtual. In so many ways a jury trial depends on being live, and would be too arid if entirely virtual. Moring: When issues of credibility must be made, visual contact is definitely preferred. Braner: Personal appearances are still vital for the most significant hearings, sentencings, trials, evidentiary motions, and hearings where the lawyers need to be right next to their clients. More subtly, live appearances promote more amicability, face-to-face discussion, and possible settlement. How many times have parties settled in the hallway on the day of a hearing? Live promotes that.
Christine I.P. Schumacher (ChristineS@lassd.org) is a senior attorney and Pro Bono Program Manager at the Legal Aid Society of San Diego. She is a past co-editor of San Diego Lawyer.
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DAVID MAJCHRZAK By Ron Marcus
“We have a really unique thing that we get to do on a daily basis. We get to be champions for people in basically every facet of their lives. Most importantly, we care. We care about our clients. We care about our system of justice. And we care about one another. So here’s to all of you.” And with those words from incoming SDCBA President David M. Majchrzak, several hundred highly engaged San Diego County lawyers clinked their champagne flutes at the San Diego County Bar Association’s annual Stepping Up to the Bar event on December 10, 2021, where the new Board of Directors was sworn in. Those 59 words can sum up David’s raison d’être quite nicely. To fully appreciate the depth of meaning they represent, we need to take a stab at unpacking the life journey that brought David to this very moment of service to our legal community.
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ONCE UPON A TIME ... David and his sister, Michelle, spent many of their childhood years in Buffalo, New York. They grew up primarily with their mother after their parents divorced. Their father served 29 years in the Marine Corps, retiring as a colonel, before becoming a school district superintendent. His dad definitely respected chain of command, but also knew when it was appropriate to lighten up, a lesson not lost on David, who is well known for injecting just the right amount of dry, self-effacing humor into any situation. His dad would also continually admonish: “While it is fine to be ‘right,’ you don’t have to be ‘damn right.’” This advice also clearly influenced the nuanced and diplomatic approach to negotiation and leadership David brings to his work as a legal ethics attorney and as a volunteer in numerous legal organizations. Their mother earned a modest salary as a teacher and vice principal at a Catholic school. She also worked summers in the parks department. That gave David and his sister the opportunity to be with their mom all day, when they would typically have fun competing with each other at various things. Their mom could have gotten jobs that paid more, but she chose this work because it was critically important to her to be there for her children when they were not in school. This was just one example of her selflessness, and David credits her with modeling the good traits he practices to this day.
That same competitive nature — let’s call it drive to excel from here on out — also showed in David’s academics. He graduated high school at age 16 and received an academic scholarship to attend the University of Southern California — doubtless explaining his fanatical love of the USC Trojans to this day — and a spot playing trumpet in the renowned Trojan Marching Band. After freshman year, he also received a band scholarship. As he progressed through his undergraduate studies at USC, David continued to hone his chops on the trumpet and got numerous high-profile gigs as a result, both during school and after graduating, such as subbing in the pit orchestra during a performance of Phantom of the Opera (David loves musical theater to this day). Or playing not only at home and away college football games, but also men’s and women’s basketball, volleyball, and baseball games. Or spending eight full seasons in the Los Angeles Lakers band. Not to mention, performances at the Shrine, the Greek Theatre, the Hollywood Bowl, and, oh, a number of birthday parties for Ron Howard, a gig at Tom Selleck’s home in Hawaii, playing at President Nixon’s funeral on the grounds of the presidential library in Whittier; and, he was heard at not one, but two Super Bowls, including one on stage with Fleetwood Mac. As if that weren’t enough, David played at the Academy Awards, and even had musical cameos in Forrest Gump and the TV show LA Law. All by the age of 22, by the way.
David found early on that he enjoyed a good competition, whether athletically or academically. But to know David is to know that for him it wasn’t about competition in the win/lose sense, but rather continually striving to perform at his best, while enjoying the camaraderie of others similarly actualizing. It’s no wonder then that David enjoyed and excelled at organized sports in his primary school years, including baseball, basketball, and tennis, as well as many pickup games in other sports. But it was another pursuit, not athletic at all (unless one counts pursing one’s lips and blowing into a hollow tube athletic) that would prove most compelling to David — music.
FROM PIANO TO TRUMPET David’s mom introduced the kids to music when David was 5 by giving them piano lessons. He didn’t last a year with that. But when David was entering sixth grade, he wanted to learn the saxophone. Due to misaligned teeth and the need for braces, David was redirected to the trumpet, an instrument that would not require a mouthpiece putting pressure behind his teeth. This was fortuitous, though. While David remembers the first few weeks of learning the instrument as being challenging, by the next year, David had made all-county band.
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Yet — and this gets to the core of David’s character — as driven to excel as he is, there is something in the accomplishment of these things that is far more important to him. While it is remarkable to have played at all of these gigs, each a once-ina-lifetime opportunity in its own right, David emphasizes with his characteristic humility, “The fun wasn’t what I got to do, but who I got to do it with — the relationships I built along the way.”
(LEC) first — at the San Diego County Bar Association (SDCBA). At the urging of his Klinedinst colleague (and now CEO) Heather Rosing, who had chaired the committee herself (and had served as SDCBA President in 2008), he joined LEC. He was welcomed by the other members, and soon was making a significant contribution in many areas of the committee’s work. No surprise there. By 2013, David was accepted to serve on COPRAC. It was in conversation with his COPRAC colleagues that he learned that the then-defunct Legal Ethics Quarterly, which had been published by the SDCBA LEC for many years, was missed by more than its San Diego audience; indeed, it had been so good in its day that lawyers from across the state relied on it. So, David and fellow LEC member Ed McIntyre resurrected the publication, and have maintained its standards of excellence, quarter after quarter, for the past seven years.
FROM MUSIC TO LAW TO THE COUNTY BAR After graduating USC with a B.S. in Business Administration, and while continuing to blow his horn on nights and weekends, David worked days as a manager at Enterprise Rent-A-Car. Of course, he excelled there too, exceeding company benchmarks for growing his fleet, profitability, and customer satisfaction grades. But, David being David, the most rewarding part of the job for him was that he got his staff promoted. Throughout, David knew that ultimately he wanted to be a lawyer, and at age 25, he decided it was time to pursue that. He moved from Los Angeles to San Diego to be closer to his mother, passed the LSAT, and earned a scholarship to attend Thomas Jefferson School of Law. Never one to just show up to class, David was twice-published as a law review writer, served two years as editor of the law review, interned in the U.S. Attorney’s office, and clerked forHon. J. Richard Haden in the San Diego Superior Court. True to form, David graduated summa cum laude in 2002, and passed his bar exam soon after. David hit the ground running as a freshly minted lawyer, working at three firms from 2002 to 2009 while amassing experience spanning the gamut of practice areas, including toxic torts, family law, intellectual property, probate, professional liability, insurance, personal injury, and even international water rights. This breadth of legal experience would prove extremely beneficial to what would eventually become David’s primary focus — providing ethical counsel to other lawyers. Shortly after he joined Klinedinst PC in 2009, David was becoming increasingly interested in the field of legal ethics — the law of lawyering — and sought to serve on the California State Bar’s Standing Committee on Professional Responsibility and Conduct (COPRAC). But he was turned down. COPRAC wanted him to spend time in the local Legal Ethics Committee
David also made time to serve in numerous other legal organizations, including two Inns of Court (serving as president of the William L. Todd Jr. Inn for four years), the Association of Professional Responsibility Lawyers (where he is currently a director), the ABA (where he currently serves on its ethics committee and the planning committee for the Center of Professional Responsibility’s annual conference), Tom Homann LGBTQ+ Law Association, and Lawyers Club of San Diego. Not to mention, at Klinedinst, he chairs the firm’s in-house attorney training college for new lawyers, teaching a wide variety of topics not usually taught in law school, has chaired the firm’s writing committee (going on a decade now), and is now serving as the firm’s deputy general counsel. David also made time to be an attorney team coach for the San Diego County High School Mock Trials for four years. His community involvement inspired him to get involved in the SDCBA beyond the LEC. Ever desiring to be part of a group that seeks to make the community better, David ran for and was elected to the SDCBA Board, starting his service in 2018. Then-SDCBA President Kristin Rizzo appointed him to the Strategic Planning Committee, where, among other things, he served on the subcommittee that crafted what are today the SDCBA’s vision statement and core values. He found the experience remarkably enjoyable — particularly helping the organization solve challenges in the face of uncontrollable circumstances. He is quick to quote Winston Churchill: “Never let a good crisis go to waste.” David once received the advice, “Never join an organization that you wouldn’t aspire to lead someday.” This has resonated with David and helped guide his participation in organizations (a number of which he has led at various times). The more involved David got with the SDCBA, the more he wanted to get even more involved. So, he served one year as the SDCBA Board Secretary, and the next year as Treasurer. By then it was a fait accompli that he would run for president, and in late 2020, he was elected as President-Elect to serve in 2022.
SAN DIEGO LAWYER | January/February 2022
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tennis, or running on the track. Just before a test, David would hit the volleyball or tennis courts for hours — even in the midst of the multiday bar exam. David explains, “Feeling good is just as important as knowing your stuff — sound body, sound mind.”
HOW HE MAKES TIME FOR IT ALL
David also likes to work on house projects building furniture (like the seesaw he built for the kids when they were younger). But perhaps his most intriguing passion these days is his painting. While he remains humble about this too, David is a naturally talented artist, dating back to grade school when he used to bring to life characters and monsters from Dungeons & Dragons. His interest was reignited on a cruise vacation a few years ago where he befriended several artists, including then-San Diegan Alexandre Renoir (great grandson of Pierre-Auguste Renoir) and felt inspired to pursue artistic creativity again. He claims it’s just “sort of a filler for free time.” But those who have marveled at his creations would argue otherwise. One of the paintings he donated to a nonprofit fundraiser for California Women Lawyers — his arresting take on Rosie the Riveter— created a bidding war and brought in the largest donation of the night. Another of his notable works, “Tommy the Trojan” hangs proudly in his office among his collection of USC memorabilia.
The expression “when the why is strong enough, the how is easy” may well apply here. As David explains it, you make time for what matters. “If you see me involved in something, it matters to me or the people involved matter to me.” When David chooses to do something, his heart is definitely in it. David is, once again, humble about his ability to balance it all, but the sheer number of organizations he’s made substantive contributions to and speaking engagements he’s fulfilled in just the past decade belie humility as well as credulity. Yet, he also makes quality time for the one area of his life his heart is in the most, and that’s his family. Devoted to his wife Leslie and their two children, Mitchel, 13, and Gabrielle, 14, he spends time with them together over meals, at church, and traveling; as well as individually, participating in their specific interests. Mitchel has flourished since being diagnosed with apraxia as a young boy. Last summer he took an interest in drawing (also a passion of David’s, more on that in a moment). David provided Mitchel with inspiration to practice different types of drawing and they would debrief every day on it. Gabrielle likes theater (as does Leslie) and they enjoy going to Broadway San Diego shows together. He has also helped Gabrielle pursue getting on the tennis team (she made it this year!) and the basketball team (hopefully next year ...). David and Leslie often simply enjoy quiet time at home listening to one another talk about their day, though David has the short end of the stick here. Says David, “One of the frustrating things about being a lawyer is that some of the best stories from work are the ones we don’t get to tell.” It’s also important to make time to decompress. David has always prioritized taking a break, from study or work, to get some exercise in. This was one of the secrets of David’s success in law school. Most of his afternoons were spent playing basketball, 24
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Top row, L to R: Rosie the Riveter, Tommy the Trojan Bottom row, L to R: children Gabrielle and Mitchel
HIS APPROACH TO LEADERSHIP, AS EXPERIENCED BY HIS PEERS The fruitfulness of David’s leadership style is evident with his every interaction in court, in consultations, in committees, and on boards. This is corroborated by his long-time colleagues. Attorney Wendy Patrick, with whom David served on COPRAC, describes him as “a great leader and a smart, cool-headed negotiator. In meetings, David is the one who quietly listens to everyone else, and then weighs in with the type of insight, wisdom, and perspective that often carries the day.
And he is a breath of fresh air in his willingness to always express his honest opinion, tactically and tactfully.” David’s fellow attorney at Klinedinst, Dan Lawton, concurs: “When I think about Dave as a litigator, the phrase that comes to mind comes from, ironically, the greatest UCLA Bruin who ever lived, the late coach John Wooden. One of Coach Wooden’s favorite maxims was: “There is nothing stronger than gentleness.” In hotly contested litigation, it’s rare for us to see this quality in litigators. But Dave brings it to every interaction in court and outside court. He is strong and gentle at the same time. He gets the best out of people, whether they’re opposing counsel, his clients, or his colleagues here at Klinedinst. If I ever had to have a hard conversation with somebody about something, I would want that somebody to be Dave.” Adds Lynda C. Shely, with whom David served in the Association of Professional Responsibility Lawyers (APRL) and on the ABA’s Standing Committee on Ethics and Professional Responsibility: “He’s that unassuming person who does what he says he will do and makes everyone he works with feel like it was their idea. He doesn’t give false praise — he gives support to everyone to try to reach a consensus position.” And Klinedinst CEO Heather Rosing concisely sums it up, describing David as: “A team player, true professional, hard worker, and one of the sharpest ethicists I know. Yet infinitely humble.” As you can see, humility is a consistent theme when it comes to describing David.
David firmly believes that the biggest strength of an association is the relationships members develop — not only with each other, but with the association itself. An effective way to achieve that is to inspire those that already engage to persuade their fellow members to engage too. David talked about this too during his address at the 2021 Stepping Up to the Bar event. The rest is up to the bar — the more welcoming the experience the bar provides, the more compelled its members will be to continue to engage, build those relationships, and ultimately forge a strong and lasting bond with their association. His board peers who have sat in the SDCBA President’s seat before him believe David is more than suitable to lead this effort. 2018 SDCBA President Kristin Rizzo shares: “Dave is a strategic and critical thinker, with extensive leadership experience and a commitment to ethics, which makes him a natural to serve the SDCBA as President. I have come to know Dave as not only the consummate lawyer’s lawyer, but even more on a personal level as a talented painter, a musician, an avid theater supporter, a fun-loving spouse and father, and a dependable friend. Dave’s excellence will propel us forward in 2022.” Says 2019 SDCBA President Lilys McCoy: “David is an incredible person and lawyer. He is truly dedicated to his craft and his clients. He brings so much to the position of President and I look forward to seeing where his leadership takes us in this new year.” Adds 2020 SDCBA President Johanna Schiavoni: “Dave is a thoughtful and deliberate leader; he welcomes dialogue and is skilled at facilitating discussion that respects varying viewpoints. He also is a strategic thinker, adept at keeping the association focused on big-picture and long-term issues, in addition to handling detailed issues with aplomb. I am thrilled he’s taking the mantle as President and look forward to what’s ahead for Dave and the bar.” And David’s immediate predecessor, 2021 SDCBA President Renée N.G. Stackhouse, affirms: “Dave is measured and thoughtful. If he takes a stance on an issue, you can rest assured that he has thoroughly vetted it and is working toward the best possible result for the association. I always value his input knowing how diligent he is. The SDCBA is in good hands with him stewarding it.”
SETTING THE BAR FOR THE SDCBA IN 2022 If there is one word to sum up what David would like to see the SDCBA step up with its membership, it’s engagement. While there are hundreds of members who consistently engage at bar events and programs, there remains largely untapped potential with the rest of the SDCBA’s many thousands of members. As David puts it, “Our strength is not just in numbers but in participation. The first part of our mission statement is to connect lawyers. It’s tough to connect if we can’t engage them in the first place.”
Indeed. And in response to his toast to his legal community peers at Stepping Up, we raise our glasses once more: “Here’s to you, David.”
Ron Marcus (rmarcus@sdcba.org) is the Director of Marketing and Public Outreach at the San Diego County Bar Association.
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R
achel meets with a pro bono attorney to obtain a domestic violence restraining order. Juan consults with an immigration attorney, having just finished a support group for male victims of abuse. A Client Care Coordinator creates a personalized safety plan for elderly Val, whose son threatened her with a gun. Maria from Sharia’s Closet helps Dee select clothing for her upcoming job interview. Attorney Kay assists a client breaking free from a life of sex trafficking with criminal vacatur and name change motions. This is a busy, but typical, morning at Your Safe Place — A Family Justice Center (YSP). For almost 20 years, YSP has been providing San Diegans in abusive relationships with free, comprehensive services. Originally founded in 2002 as the San Diego Family Justice Center, it was the first of its kind in the United States. It became a worldwide model for providing coordinated services to domestic violence victims in one location. Since then, YSP has expanded its services to help those harmed by domestic or family violence, sexual assault, and sex trafficking. A collaboration of public and nonprofit community partners, YSP offers a safe and confidential space in which the needs of clients and their children can be met. YSP’s mission is to help those suffering from violence seek justice, begin healing, and reclaim their lives.
Confidential, Comprehensive Services
YOUR SAFE PLACE: A LOCAL RESOURCE FOR VICTIMS OF ABUSE — AND A PLACE TO VOLUNTEER by Diane Doherty
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When a client reaches out to YSP, whether in person, over the phone, or via a remote appointment, they first meet with a Client Care Coordinator. Each coordinator is trained in trauma-informed practices and prioritizes a client’s safety with individualized safety plans. Next, the coordinator discusses the client’s needs and connects them to YSP’s staff and partners that provide wrap-around resources, such as domestic violence restraining order assistance; immigration legal services; help with safety from guns; counseling services; emergency clothing; forensic exams (such as sexual or domestic assault exams); law enforcement services; public transportation assistance; housing help; military advocacy; connections to WIC, CalFresh, and early childhood programming; and career service training, among other services. YSP looks at every client holistically, and when requested, provides health and well-being services such as nutrition and family wellness programs, healthy teen and adult relationship education, self-care information, literacy assistance, and
access to Balboa Park’s museums. YSP helps children, teens, adults, and seniors, regardless of gender, income, immigration status, or sexual orientation. By providing supportive services in a judgment-free manner, YSP empowers victims to become survivors and to move forward with their lives. Recognizing the extreme risk posed by abusers with guns, YSP also works to protect clients by obtaining on their behalf gun violence restraining orders. YSP’s team is equipped to intervene in dangerous situations and remove firearms before a tragedy occurs.
Public Safety Model By wrapping clients in services, YSP not only prioritizes their safety, but also promotes public safety. When clients are supported, they become empowered and regain autonomy. With a renewed sense of confidence, clients are more likely to seek justice and hold their abusers accountable. Today, the Family Justice Center (FJC) model is identified as a best practice in the field of violence intervention and prevention services. This model, for example, reduces the number of locations a client must go to for assistance and the number of times a client must tell their story, and also increases access to services and support for victims and their children. The FJC model is codified in State law and replicated nationally and internationally (Cal. Pen. Code 13750).
Volunteer Your Time New legal needs arise every day at YSP, and we are always in need of attorneys to volunteer their time and talent. Examples include: • A trafficked client needs help with their credit history, which her trafficker destroyed • A domestic violence victim is being evicted from their home because of the abuse • A teen victim of dating violence is fired from their job because their abuser keeps showing up there • A mother needs help navigating her divorce in family court • An elderly grandfather’s abusive daughter threatens he will never see his grandchildren again because his immigration paperwork is not in order • A father needs to obtain a restraining order against his son who demands money to support his drug habit.
Free legal services remove barriers that allow abusers and traffickers to remain in control of their victims. With your assistance, we will help survivors of violence and their children break free from the cycle of violence, heal, and move on with their lives.
Free, Accessible Services YSP works hard to identify and remove barriers to accessing services by providing services in person, by telephone, and online. YSP also provides a free child watch program at designated times. YSP is located at 1122 Broadway in downtown San Diego, and is easily accessible by public transportation. There is also limited free parking in the building’s garage. Members of our staff speak Spanish and a language line is available for other translation needs.
Tours Come see YSP for yourself! Tours are provided every Friday at 1:00 p.m. Email InfoYSP@sandiego.gov to arrange your tour. You can also learn more at https://www.sandiego.gov/yoursafeplace or call YSP at 619-533-6000. YSP is open Monday to Friday, 8:00 a.m. to 5:00 p.m. See firsthand the work we do, and how our legal assistance can help save someone’s life. Diane Doherty (ddoherty@sandiego.gov) is the Executive Director of Your Safe Place - A Family Justice Center, a division of the San Diego City Attorney’s Office. She has devoted her professional career to supporting survivors of abuse. SAN DIEGO LAWYER | January/February 2022
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WHAT ARE PEOPLE READING? By Rebecca F. Zipp
If you resolved to read more this year but don’t know where to start, check out these book recommendations from your local legal community.
Hon. Euketa Oliver
Pedro Bernal
Judge, San Diego Superior Court
Principal, Bernal Law, APLC
Book: The Vanishing Half by Brit Bennett
Book: Ten Lessons for a Post-Pandemic World by Fareed Zakaria
Genre: Fiction
Preferred Genres: Fiction, Thrillers with a historical undertone What is special about his book? The Vanishing Half explores race, history, and the complexity and dangers of using race as a means of escape and survival, while revealing the consequences of not being one’s authentic self. I recommend this book to those who enjoy history and fiction. Readers who enjoy this book may also enjoy these films: Imitation of Life (1959) directed by Douglas Sirk and Passing (2021) directed by Rebecca Hall, currently on Netflix. Both films are adaptations.
Jack Leer Partner, Caldarelli Hejmanowski Page & Leer LLP
Book: Sell Out: The Major-Label Feeding Frenzy That Swept Punk, Emo, and Hardcore (1994-2007) by Dan Ozzi Genre: Nonfiction Preferred Genre: Historical Fiction
Why is this book special? I rarely read nonfiction, but this book turned out to be a real page-turner for me as a mid’90s punk fan. Dan Ozzi analyzes why some bands like Green Day and Blink-182 enjoyed huge success after signing with major labels, while bands like Jawbreaker and The Distillers imploded when their previously loyal audiences turned on them for “selling out.” This book is an interesting look into the worlds of how both independent and major labels operated in the last years before MySpace, Napster, and their online successors changed the music landscape forever. Similar books: Do What You Want: The Story of Bad Religion by Bad Religion with Jim Ruland. Also, the films Don’t Break Down: A Film About Jawbreaker, and Pick It Up! Ska in the ‘90s, are both great documentaries that look at many of the same issues.
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Genre: Current Affairs/Political Science Preferred Genres: Political Science, History, Autobiographies/Biographies Why this book? This book is special because it addresses many of the changes we need to make as a society to improve the standard of living for hundreds of thousands of people, especially in our country. It takes a deep look at the problems that our country has refused to address for several decades — problems that we can no longer refuse to ignore. Who would love this book? This book would be a great read for the intellectually curious reader and for people who would like to have a broader world view.
Hon. Michael T. Smyth Presiding Judge, San Diego Superior Court
Most Recent Read: Battle Cry of Freedom: The Civil War Era by James McPherson Genre: American History Preferred Genres: Historical Biographies, Constitutional History, American History, fun action novels (e.g., those by Vince Flynn) Why is this book special? It is book six of The Oxford History of the United States, a 13-volume history of our great nation — probably the best multivolume history of the U.S. out there — which includes writing from three Pulitzer Prize winners. Each volume tells the incredible story of our nation and the people who built it (or tried to destroy it) over a given period. There is enough excitement and action in each that they read like a novel. Who else would love this book? Anyone who would enjoy learning more about our country’s history and the amazing men and women who shaped it. Similar books: Truman by David McCullough; My Brother Ron: A Personal and Social History of the Deinstitutionalization of the Mentally Ill by Clayton Cramer; John Marshall: Definer of a Nation by Jean Edward Smith.
Carolina Bravo-Karimi
Jerrica D. Phillips
Managing Partner, Wilson Turner Kosmo LLP
Deputy City Attorney,
Book: My Brilliant Friend by Elena Ferrante
San Diego City Attorney’s Office
Genre: Fiction
Book: The Fifth Season by N.K. Jemisin
Preferred Genres: Historical Fiction
Genre: Fantasy Preferred Genres: Fiction, Memoirs, Science-Fiction, Fantasy
Why is this book special? It is a beautiful and raw depiction of female friendship. What kind of reader would also love this book? Lovers of people, friendship, and Italy What is a similar book you’ve read and loved? The Time in Between by Maria Duenas.
Hon. Olga Álvarez Judge of the San Diego County Superior Court, South Bay Family Division
Why is this book special? This is the first book in the HugoAward-winning The Broken Earth trilogy. N.K. Jemisin (the first Black writer to win a Hugo for best novel) creates an incredibly detailed, futuristic world grappling with power, racism, and oppression. And there’s magic. The novel begins with the end of the world, a murdered son, and a missing daughter. It is intricate, mysterious, and thought-provoking, and I couldn’t put it down. I recommend this book to: Anyone that reads sci-fi or fantasy (duh), and also anyone that likes strong female characters, enjoys challenging their imagination, and loves a surprise twist.
Book: I Am Not Your Perfect Mexican Daughter by Erika L. Sánchez Preferred Genres: Fiction, Historical Fiction, Biographies, Autobiographies
Katrina A. Craven Deputy City Attorney, Domestic Violence & Sex Crimes Unit, San Diego City Attorney’s Office
What is special about this book? I Am Not Your Perfect Mexican Daughter explores the emotions a high school girl experiences as she loses her sister, falls in love, and suffers from imposter syndrome. Julia searches for ways to fit in and to make sense of the life she actually lives rather than the life she dreams about. Her mood swings and brutal honesty may be a bit abrasive at times, but they hide the source of her struggles — mental health. I enjoyed this book because, as a mother of teenagers, I am always looking for ways to connect with them and better understand how the pressures of high school affect their well-being. Reading this book together gave us an opportunity to discuss loss, love, and their inability to fully express themselves in light of the pandemic. I recommend this book to those who enjoy an easy read and are curious about the pressures high school students face in today’s society. Similar books I have read and enjoyed: The Hate U Give is another book I read along with my teenagers. It is the story of a girl who lives in one neighborhood but attends high school in another. Those two worlds collide after she witnesses the death of a friend.
Book: To Kill a Mockingbird by Harper Lee Preferred genre: Fiction
What is special about this book? To Kill a Mockingbird explores the terrifying reality of racial injustice in the criminal justice system. When I was in high school, this book was assigned reading. Although I enjoyed the book then, I was not mature enough to understand the complex dynamics and injustices contained in the chapters. I reread this novel recently and was amazed by the bravery of Scout and Atticus, empowered by the bravery of Tom Robinson, and intrigued by the symbolism of Boo Radley. I recommend everyone reread this classic tale!
Rebecca F. Zipp is Chief Deputy City Attorney, Domestic Violence and Sex Crimes Unit.
SAN DIEGO LAWYER | January/February 2022
29
BOOK REVIEW —
ALPHA: EDDIE GALLAGHER AND THE WAR FOR THE SOUL OF THE NAVY SEALS By Michael L. Crowley
I
f you want to read an engaging account of an alleged
Phillips describes some remarkable incidents during the trial,
murder that occurred under war-time conditions,
which include the following:
I recommend this book. It features: • Even though Gallagher told his men to erase the “trophy”
• The direct intervention of President Donald Trump in the case; • The defendant becoming a cause célèbre of conservative media with an effective media campaign by Eddie Gallagher’s wife, Andrea • The dismissal of the lead prosecutor mere months before the trial • The involvement of San Diego’s disgraced Congressman Duncan Hunter (pardoned by President Trump) • A true Perry Mason type moment during the trial. All of this makes the narrative fascinating reading, expertly written in a page-turning manner. From a lawyer’s point of view, the ins and outs of the military’s
pictures with the prisoner from their phones, he left them on his own, which was found in his home during a warrant search • Also found in his home was the hunting knife Gallagher always carried and allegedly used on the ISIS teenager • The knife contained DNA of Gallagher and a “MiddleEastern man”, but NCIS never tracked down the family of the ISIS soldier (although Phillips and the New York Times did find them: the book details his life, although apparently no DNA testing was done) • The lead prosecutor of the case was removed by the military court after a controversial NCIS plan to ascertain who was leaking information about the case blew up.
criminal justice system detailed in the book couldn’t be more
Finally, a dramatic turn of events at trial. One of the main
informative. The author, Pulitzer Prize-winning New York Times
witnesses, who stated multiple times in taped interviews and
correspondent David Phillips, is sympathetic to Gallagher’s
again at trial that Gallagher had stabbed the prisoner, added
accusers but also even-handed.
(after confirming he had immunity) that the prisoner was still alive after the stabbing, and it was he who killed him by
It should be noted that Gallagher sued Phillips and the
putting his finger over the breathing tube that had been put in
Secretary of the Navy for defamation and privacy respectively.
the prisoner’s throat.
And, as could be expected, Gallagher has written his own book; The Man in the Arena: From Fighting ISIS to Fighting for
Eddie Gallagher was acquitted of all charges other than the
My Freedom (Ballast Books, 2021). His own account was never
military offense of taking a picture with a prisoner. The Navy
heard during the trial, as Gallagher didn’t testify.
sentenced him to a time-served sentence and a reduction
This is the story of the death of a 17-year-old ISIS fighter at the hands of the U.S. Navy. It details the lead-up to Gallagher and his accusers’ deployment in Mosul, Iraq, and the trial as seen through the eyes of several men who served under Chief Gallagher. Several of those under Gallagher’s command told the Navy
in rank. His rank was restored by President Trump. The Navy also took away Gallagher’s coveted Navy SEAL Trident, but President Trump ordered that it be restored. The case has also spawned an Apple Original podcast and documentary series The Line along with 60 Minutes segments. I think this book is a great read.
Criminal Investigation Service (NCIS) investigators a horrific story of repeated murders by Gallagher, including the one he was tried for in a military court. These included taking sniper shots at innocent denizens of Iraq, stabbing a prisoner of war in front of several witnesses, and taking trophy pictures with the dead fighter. Gallagher was arrested at Camp Pendleton.
Michael L. Crowley has practiced criminal law for more than 35 years and is a Criminal Law Specialist. He is a former editor of DICTA Magazine, the predecessor of this publication.
SAN DIEGO LAWYER | January/February 2022
31
IS IT WORTH IT TO APPEAL A LOSS IN PROBATE COURT? By David G. Greco
S
an Diego ranks as one of the counties with the
Thomas Vogele & Associates, notes that attacks on a
highest probate filings in the state of California.
verdict form are off the table in probate appeals. That
This is not surprising, considering that in San
is because without a jury, there is no verdict form.
Diego County, close to 12% of the population is over age 65. Notably, probate court does not always start
That leaves the probate appellant with one
with someone’s passing. A person may also encounter
overarching argument: that the trial judge got
probate court over a conservatorship, dispute with a
something wrong. For several reasons, this can be a
trustee, or questions regarding the validity of a power
steep hill to climb.
of attorney, to name only a few examples. It is steepest when the appeal concerns the probate Like in any case — civil, family, criminal, or other —
judge’s findings of fact. Fact-based appeals are difficult
the first question a client will often ask after losing
because the appellate courts consider trial judges
in probate court is: “Should we appeal?” The answer
to be in the best place to determine the credibility of
for all types of appeals is: “It depends.” But probate
witnesses and weigh the facts. Indeed, the Courts of
court has particular characteristics that require
Appeal presume “that the record contains evidence
consideration to determine whether an appeal is
to support every finding of fact.” (Marriage of Fink,
worth the time, money, and risk.
25 Cal. 3d 877, 887 (1979).) In practice, that means the appealing party has to show why the appellate court’s
One prime example is that probate trials do not come
trust in the trial court should be reconsidered.
with a jury. Probate claims are equitable and thus
An appeal may not be worth the cost if the result
always tried by a probate judge. This distinction alone
turns on the credibility of the witnesses.
reduces the number of issues to attack on appeal. In probate cases, the Courts of Appeal are even According to Jennifer Meeker, who leads the appellate
more deferential to the trial court. That is because,
department at Nossaman LLP, jury instructions can
as equitable bodies, probate courts have significant
form the basis of a strong appeal in complex cases
discretion. For example, a judge can issue any orders
where the court may deviate from the California Civil
they believe are necessary to dispose of a petition,
Jury Instructions (CACI) or other template instructions.
including removing a trustee on its own motion and
But parties do not have that option in probate court.
without notice. (Cal. Prob. Code § 17206.)
Tim Kowal, an appellate partner at
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SAN DIEGO LAWYER | January/February 2022
That is not to say that all fact-based appeals are hopeless. Where the record contains no evidence supporting the probate judge’s findings, an appeal may be warranted. For instance, if a trial judge found that a decedent intended to deed a $4 million home into a trust, but there were no documents or testimony supporting that conclusion, an appeal could be fruitful.
THANK YOU TO OUR PATRON & FRIEND MEMBERS The SDCBA gratefully acknowledges the generous commitment of 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, or by request at any time. For more information about upgrading, please contact mbr@sdcba.org.
Patron and Friend member lists as of Feb. 1, 2022
More often, probate appeals gain traction when they focus on legal errors. A common example is asking the Court of Appeal to determine that the lower court incorrectly interpreted a statute. Additionally, it is a legal question whether a party has standing to bring or object to a petition, so an appeal on this ground would receive less deferential review than purely factual findings. Parties should be cautioned, however: even a clear legal error is not sufficient. A party must show that the result would have differed if the trial court had not made the purported mistake. This is a tremendous challenge. An appellant recently met this burden in Buskirk v. Buskrik, 53 Cal. App. 5th 523 (2020). There, the Court of Appeal reversed a lower court’s determination that it lacked personal jurisdiction over a trustee in a hotly contested dispute over the alleged disinheritance of the trustor’s son. The Court of Appeal corrected the lower court’s misapplication of federal personal jurisdiction law to the record. Indeed, the Second District made clear that it based its “analysis only on undisputed record facts.” Id. at 529. The result was that the son could bring his case in California and seek what he claimed was his portion of the family’s large estate. In short, the unique nature of probate proceedings requires that parties think carefully before filing an appeal. But in some cases, it is worth it — especially when the family fortune is at stake.
David G. Greco (grecod@rmolawyers.com) is a probate, trust, and estate litigation attorney in the San Diego office of RMO. He handles probate disputes at the trial and appellate level.
PATRON MEMBERS Doc Anthony Anderson Danielle Patricia Barger Victor E. Bianchini
Stephen M. Hogan A. Melissa Johnson Stacey A. Kartchner
Jedd E. Bogage James A. Bush Adriana Cara Joseph S. Carmellino Andy Cook Steven T. Coopersmith Ezekiel E. Cortez Tricia D’Ambrosio-Woodward Taylor Darcy Warren K. Den John A. Don William O. Dougherty Alexander Isaac Dychter James J. Eischen Ben E. Embry Matthew J. Faust Sergio Feria Nicholas J. Fox James P. Frantz Matthew David Freeman Jenn French Michelle Ann Gastil Olivia J. Gilliam Douglas A. Glass Alvin M. Gomez Van E. Haynie Nicole L. Heeder
Carla Bressler Keehn Garrison Klueck Lilys D. McCoy Joseph Jay McGuire Mark M. Mercer Peter P. Meringolo Jillian M. Minter Virginia C. Nelson Ron H. Oberndorfer Anthony J. Passante Kristin Rizzo Shannon D. Rose Ana M. Sambold Pamela J. Scholefield Khodadad Darius Sharif D. Elisabeth Silva David G. Sizemore Stephanie Sontag Renee N G Stackhouse Todd F. Stevens Christopher J Sunnen Cassandra C. Thorson Thomas J. Warwick Lenden F. Webb Andrew H. Wilensky Karen M. ZoBell
FRIEND MEMBERS Rochelle S A’Hearn Alison K. Adelman Alicia Aquino Pedro Bernal Bilse Linda Cianciolo David B. Dugan Ronald Leigh Greenwald Mark Kaufman
Randall E. Kay Matthew J. Norris Anne Perry Kristi E. Pfister Blanca Quintero Stella Shvil Michael A. Van Horne
EVERYTHING I NEED TO KNOW TO AVOID BEING SCAMMED I LEARNED IN ETHICS CLASS By Michael G. Olinik
M
any of us became lawyers to make a difference in the world. In a profession where it is easy to become cynical, that initial spark
still gleams within us. With any spark, however, comes those who seek to take advantage of it and snuff it out. Scams are everywhere, from car warranty phone calls to the “foreign prince” scam that is somehow still thriving even after decades as a punch line. Still, it can be shocking to be the target of a scam as I was. Fortunately, I avoided becoming a victim by following the professional rules of conduct. I was targeted by a scam within a year of opening my own solo law firm. To make sure I do not accidentally violate my duty of confidentiality, the specific details of the scam will be withheld, but the scheme will still be evident. (Rule 1.6.) The scammer, posing as a potential client, initially contacted me and told me he was referred to me by an experienced local lawyer who had given me referrals before. The situation was simple: The scammer negotiated a settlement, but now the other party, posing as a reputable company, was withholding the check. I was hired to take over negotiations and receive the settlement, from which I would take my fee and give the rest to the scammer. I sent the scammer a retainer agreement that limited my scope of representation to negotiating the payment. (Rule 1.2.) As I was only ensuring payment at this time, my fees were limited to a reasonable flat fee. (Rule 1.5.) Once I was engaged, I sent out a letter to the opposing party. Without so much as a phone call, the opposition sent the cashier’s check to me via FedEx. The shipment said it was from the East Coast — the tracking number confirmed that it was sent from the ZIP code of the
“opposing party’s” office. Therefore, I deposited the check into my Interest on Lawyers’ Trust Account (IOLTA). (Rule 1.15(a).) I informed the “client” that I had received the settlement check and was waiting for the money to clear. (Rule 1.15(d)(1).) Immediately, the scammer began asking if I could send him the money. I informed him that I could not pay him until the check cleared; I could not pay him using money in the account that belonged to other clients. (Rule 1.15(a).) I was only required to distribute the client’s money once it was in my possession. (Rule 1.15(d) (7).) I also could not lend the money to the client without complying with the Professional Rules (Rule 1.8.1, 1.8.5(b) (2)), though at that time I would not have issued a loan. Despite desperate pleas from the scammer, I held firm. Once I told the scammer the check had bounced, he did too. I still sent a termination letter to document the incident. (Rule 1.16.) I also made a report to the FBI. The scam counted on me wanting to disburse money to help a desperate client before I actually received it, preying on my desire to help. Despite being the target of a scam, I did not lose anything save for postage and time because I followed the rules in place to prevent this sort of fraud. The Rules of Professional Conduct are onerous, but they are there to protect attorneys as well as clients. Those rules, along with a little common sense, protected me and my real clients from losing anything. My license is safe, and the scammers were unsuccessful in dimming the spark in me.
Michael G. Olinik (michael@oliniklaw.com) is the owner of The Law Office of Michael G. Olinik. Michael’s practice focuses on real estate matters, employment matters, civil litigation, and appeals.
SAN DIEGO LAWYER | January/February 2022
35
LET’S GO CLUBBING! By George W. Brewster Jr.
First Up: Barrister’s Club — Notable Footnote As mentioned in the November/December issue of San Diego Lawyer, this magazine’s predecessor was DICTA magazine, founded in 1951. What surprises many (and by many I mean me) is that DICTA started out as a joint venture of the SDCBA and the Barrister’s Club of San Diego. DICTA evolved, but the Barrister’s Club disappeared. So this is part two of that story: What happened to the Barrister’s Club? The idea behind the Barrister’s Club was to provide young or new attorneys with mentorship and training. San Francisco has had such a club since 1927, restricting membership to attorneys in their first 10 years of practice. The San Diego club started around 1951, with John Sorbo as one of its first presidents; at the time, Sorbo (now deceased) was in his second year of practice. The late Justice Ted Todd was president of the club in 1965; 10 years later, it was Charlie Grebing. Reflecting back, Grebing recently said “We began the first offsite educational seminars in San Diego,” which he recalled occurring at the Town & Country with the topic “How to Handle a Divorce Case from Interview to Judgment.” The topic proved popular, largely due to
36
SAN DIEGO LAWYER | January/February 2022
then-new no-fault divorce laws. The club also started up the SDCBA-based Over The Line tournament, as well as a golf tournament at the Tijuana Country Club (which came to a screeching halt some years later following untoward remarks by a speaker about the service staff). George Fleming, president of the Barrister’s Club from 1980 to 1981, said the club “put on parties and sponsored the induction twice a year of lawyers to the Federal Court. This was a big ceremony with the court sitting in Golden Hall!” The club, he said, was principally a collection of young attorneys seeking comradery. Another board member from that time period wouldn’t say anything on the record, noting there was “no upside to being associated with it — only harm can come from talking about the Barrister’s Club.” (I am destroying all of my notes from these interviews, BTW.) Bill Kammer, on the club’s board in the late 1970s/ early 1980s, said there were regular board meetings in the old Grand Prix on Broadway, and that in addition to the golf tournament there were “lobster picnics in Kate Sessions Park,” but by then the club “avoided anything with substantive content.” Added Monty McIntryre, who was on the Board in the 1980s: “The feeling of the organization back then was great — we’d
go to Padre games … a great way for new lawyers to get to know each other. I loved the Barristers. Everyone was young, 10 or 15 years in practice or less. It brought all of the young lawyers together — not just plaintiffs or defense lawyers; it was an all-inclusive place.” Doug Butz, a member of the club in the 1980s, remembers it as “a downtown young lawyers group, mostly guys in those years, that met occasionally at a downtown bar for drinks after work. We would call those gatherings ‘networking opportunities’ in today’s parlance. It seems to me that it lasted on the order of [another] 8 to 12 years before it just faded away, maybe because we all morphed into ‘grown-up’ organizations like American Board of Trial Advocates.” Ben Bunn, president of the club in the early 1990s, said it existed then “to connect mostly young lawyers from all types of practices. I think it was a very important place for young lawyers to meet each other. I believe this encouraged cooperation with cases and established relationships that promoted civility ... it was like ABOTA for young lawyers.” He recalled that the most significant annual event at the time was the golf tournament, which (until its inglorious end) was a fundraiser for The Storefront, which helped homeless teenagers. He, like everyone else noted above, has no idea why or when the club came to its end. David Norris was president in 1996. “I don’t know why the club died out … it was rocking when we were doing it.” He said the annual beach party being held during his years in the club “was a big deal, 200 people were there … it was a drinking club.” By that time, the Barrister’s Club T-shirt sported the motto “All Fun ... NO MCLE.” Steve Grebing was President in 2001. “I have no idea why it disbanded. When I was done it had about 100 members and was still going strong.” It remains a mystery why the Barrister’s Club of San Diego seemingly disappeared overnight. If anyone has the answer, please let me know so we can complete this tale.
meeting of LCSD was at the University Club. There is some dispute whether the LCSD actually met at the University Club, given its “male members only” policy at the time. This leads us to ...
Our Final Visit on This Adventure: University Club Some of the University Club’s history is revealed by photo boards hung in its hallways. The club was originally an effort to bring together college graduates, aptly named the College Graduate Club when first founded in 1896. The original club was started by 21 people, 13 of whom were women. According to Julie Walke, author of A Pictorial History of the University Club of San Diego (2014), the inclusive nature of the club changed in 1909 when some of the male members who belonged to college fraternities decided to incorporate as The University Club, changing the membership requirements to allow only male college graduates. It opened its first clubhouse in 1916 at 1333 Seventh Avenue; the first-floor lounge graciously allowed women. In 1970, a new clubhouse was constructed on the same site, but there is nothing to indicate women were allowed to enter, let alone become members. Walke noted that the clubhouse had a fitness club and private rooms which were “easier to manage as an all-male facility.” The hallway history boards note that by 1975, “Women [were] again welcomed to join the University Club with full access to the Clubhouse,” which Walke notes was “a way to build the membership rolls of the flagging private club.” Also, she said, “the women’s movement was in full swing during that time, so there could have been a desire to move with the times on behalf of the leaders of the Club.” By 1976 there were 12 female members. The University Club moved again, this time to the Symphony Towers, and the SDCBA moved from its former Fifth Avenue digs into the vacated space (Seventh and A Street). Thanks for clubbing along.
Second Visit: Lawyers Club In the July 1972 issue of DICTA, there is a short article announcing the formation of Lawyers Club of San Diego (LCSD), including its now 50-year mission statement: “To advance the status of women in the law and in society.” The article notes that the first
George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel.
SAN DIEGO LAWYER | January/February 2022
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M A R G O R P G N I MARKET
The Low-Cost Way to Gain More Clients The San Diego County Bar Association’s Lawyer Referral and Information Service (LRIS) helped participating attorneys gain just under 38,000 qualified clients in 2021, resulting in nearly six million dollars in legal fees earned. With results like these, LRIS can offer you the most cost-effective way to gain high-quality clients, hands down. The cost is much lower than other marketing methods, including advertising, SEO, listing/rating services, you name it (lower still with the highly discounted LRIS enrollment
fee offered to SDCBA members — your membership will immediately pay for itself). The public trusts LRIS as the reliable way to get connected with qualified attorneys. Lawyers trust LRIS too, because we carefully pre-screen potential clients to ensure we only send you referrals that match well with your practice area. Best of all, by participating in LRIS, you will be helping clients access quality legal services they wouldn’t find otherwise – a true win-win.
Request your LRIS application: 619.321.4153 or LRIS@sdcba.org
LAW YER REFERRAL & INFORMATION SERVICE
San Diego & Imperial Valley Counties
WHAT TO DO WHEN YOU DECIDE TO PURSUE AN LL.M DEGREE By Julie T. Houth
C
ongratulations! You’ve graduated from
to three years depending on the type and kind of LL.M
law school with your Juris Doctor degree.
program as well as the interested individual’s personal
Whether or not you decide to take a bar
preferences and obligations.
exam, some law graduates look into pursuing an LL.M degree. What exactly is it? An LL.M degree — Legum
Many law graduates and lawyers pursue an LL.M
Magister or Master of Laws — is available for qualified
degree because they are interested in furthering their
U.S. law graduates (or foreign licensed attorneys). It’s
education in a specific area of law. An additional law
an additional law degree, usually in a specialized area
degree is often looked upon favorably if individuals
of law, like taxation, that allows the LL.M candidate to
are ultimately interested in becoming a law professor.
expand their knowledge of that particular area of law.
An LL.M program can be rewarding and meaningful
There are also General LL.M programs, which allow
but again, interested individuals should take the time
students to study a variety of law topics that meet
to weigh the costs and benefits to determine if it is
their specific career goals. It really depends on which
worth it for them.
LL.M programs are offered. Julie T. Houth (jhouth@rgrdlaw.com) is a staff attorney at Robbins, Geller, Rudman & Dowd LLP and former co-editor of San Diego Lawyer.
Another thing to consider when deciding to pursue an LL.M degree — besides the area of law — is the kind of program you want. LL.M programs can be full-time or part-time, online or hybrid. Some LL.M programs are even offered outside of the country, although those interested in an LL.M program abroad should
1.
See https://www.sandiego.edu/law/financial-aid/cost-ofattendance/#accordion-panel2
make sure that courses are taught in a language they know. In addition, interested individuals in general should make sure to review the requirements and costs of attendance. These programs are often expensive. For example, the current tuition and fees for the University of San Diego School of Law’s LL.M program for the 2021–22 academic year is $1,960 per credit, with mandatory fees of $421 to $481, which can include student bar association fees, student wellness fees, student life pavilion fees, and activity fees, for a total of $47,461-$49,481.1 This also does not take into account parking fees if you were to attend the program in person. Some programs, however, offer an assortment of full or partial scholarships if you meet certain criteria. The time to complete this degree can range from one year
SAN DIEGO LAWYER | January/February 2022
39
THANK YOU
100% CLUB 2022 The San Diego County Bar Association wants to thank all of the San Diego law firms, public agencies, and nonprofit legal organizations that have provided SDCBA membership to 100% of their attorneys in 2022. Your commitment to the San Diego legal community is greatly appreciated. (List updated as of Feb. 1, 2022.)
Allen Matkins Leck Gamble Mallory & Natsis LLP
Fleischer & Ravreby
Neil, Dymott, Frank, McCabe & Hudson APLC
Ames Karanjia LLP
Gatzke Dillon & Ballance LLP
Niddrie | Addams | Fuller | Singh LLP
Antonyan Miranda, LLP
Gomez Trial Attorneys
Noonan Lance Boyer & Banach LLP
Appellate Defenders, Inc.
Goodwin Brown Gross & Lovelace LLP
Office of the Public Defender
Astuno Law PC
Graham Hollis APC
Office of the San Diego City Attorney
Atkinson, Andelson, Loya, Ruud & Romo, APLC
Green Bryant & French, LLP
Paul, Plevin, Sullivan & Connaughton LLP
Balestreri Potocki & Holmes ALC
Greene & Roberts LLP
Pettit Kohn Ingrassia Lutz & Dolin PC
Beamer, Lauth, Steinley & Bond, LLP
Grimm, Vranjes & Greer, LLP
Preovolos Lewin, ALC
Bender & Gritz, APLC
Hahn Loeser & Parks, LLP
Procopio, Cory, Hargreaves & Savitch LLP
Best Best & Krieger, LLP
Henderson, Caverly, Pum & Trytten LLP
Pyle Sims Duncan & Stevenson APC
Blackmar, Principe & Schmelter APC
Herold & Sager
Rowe | Mullen LLP
Blanchard Krasner & French
Higgs Fletcher & Mack LLP
San Diego Unified Port District
Bobbitt, Pinckard & Fields, APC
Hooper, Lundy & Bookman, PC
Schulz Brick & Rogaski
Bonnie R. Moss & Associates
Horton Oberrecht & Kirkpatrick, APC
Schwartz Semerdjian Cauley & Moot LLP
Brierton, Jones & Jones, LLP
Hughes & Pizzuto, APC
Seltzer|Caplan|McMahon|Vitek ALC
Buchanan Ingersoll & Rooney PC
Hurwitz Holt, APLC
Sharif | Faust Lawyers, Ltd.
Burton Kelley, LLP
Jackson Lewis PC
Sheppard, Mullin, Richter & Hampton LLP
Butterfield Schechter LLP
Johnson Fistel LLP
Shustak Reynolds & Partners, PC
California Western School of Law
Judkins, Glatt & Rich LLP
Siegel, Moreno & Stettler, APC
Casey Gerry Schenk Francavilla Blatt & Penfield, LLP
JWB Family Law
Smith, Steiner, Vanderpool, APC
Christensen & Spath LLP
Kennedy & Souza, APC
Solomon Minton Cardinal Doyle & Smith LLP
Cohelan Khoury & Singer
Klinedinst PC
Solomon Ward Seidenwurm & Smith, LLP
Dean Gazzo Roistacher LLP
Koeller, Nebeker, Carlson & Haluck, LLP
Stokes Wagner ALC
Devaney Pate Morris & Cameron, LLP
Konoske Akiyama | Brust LLP
Sullivan Hill Rez & Engel
Dietz, Gilmor & Chazen, APC
Law Offices of Beatrice L. Snider, APC
Tresp, Day & Associates, Inc.
District Attorney’s Office
Legal Aid Society of San Diego, Inc.
Walsh McKean Furcolo LLP
Donald R. Holben & Associates, APC
Lincoln Gustafson & Cercos LLP
Webb Law Group
Driscoll Anderson Reynard LLP
McCloskey, Waring, Waisman & Drury LLP
Wilson Turner Kosmo LLP
Duckor Spradling Metzger & Wynne ALC
McDougal, Love, Eckis, Boehmer, Foley, Lyon & Mitchell
Winet Patrick Gayer Creighton & Hanes ALC
Dunn DeSantis Walt & Kendrick, LLP
Miller, Monson, Peshel, Polacek & Hoshaw
Wingert Grebing Brubaker & Juskie LLP
Erickson Law Firm APC
Mintz Levin
Wirtz Law
Farmer Case & Fedor
MoginRubin LLP
Witham Mahoney & Abbott, LLP
Ferris & Britton, APC
Moore, Schulman & Moore, APC
Withers Bergman LLP
Fisher Phillips LLP
Musick, Peeler & Garrett LLP
Wright, L’Estrange & Ergastolo
40
SAN DIEGO LAWYER | January/February 2022
JUSTICE BEGINS HERE: THE WORK OF THE LEGAL AID SOCIETY By Gregory Knoll
M
s. Taxpayer Client is a young single mom with two
and avoid the trauma of going back to the site of troubled
young children. As a domestic violence survivor,
times, the Tax Team reached out to Legal Aid’s Case Manager
one of her many addresses in 2020 was a local
Christopher Khabbaz in late March. With Chris’ help, on March
homeless shelter. She filed a tax return in the spring of 2020
23, Ms. Taxpayer Client emailed the Tax Team and confirmed
and was still waiting to get her refund check. She needed this
the receipt of her IRS refund check.
money to pay a security deposit and provide stable housing for her family. The IRS was doing a “random” audit of her return
Two teams at Legal Aid, coming together to help a needy
and froze her tax refund, so she reached out to the Legal
client. That’s where justice begins.
Aid Society of San Diego for help. Legal Aid’s Tax Team got involved and started to work on her case in April 2020.
The Taxpayer Rights & Education (TRE) team at Legal Aid Society of San Diego advises and represents eligible San
Fast-forward to March 2021. After 11 months of waiting,
Diego County taxpayers in IRS disputes. The tax team also
haggling, negotiating, advocating, and at times pleading with
provides extensive outreach and education on taxpayer rights
the IRS, Ms. Taxpayer Client was going to finally get her frozen
and responsibilities. TRE is composed of Senior Attorney
refund. This check would allow her to find stable housing.
Shahin Rahimi and Outreach Coordinator Wendy Romero.
Her young children would be able to call someplace home. Finally, all the waiting and the hard work of those 11 months was going to pay off. However, one last hurdle remained. The IRS was going to send the check to the homeless shelter, instead of her new address. Looking for a way to get her the refund check faster
If you would like to volunteer for the Tax Team, email shahinr@lassd.org.
Gregory Knoll (gek@lassd.org) is the CEO/Chief Counsel of Legal Aid Society of San Diego.
Distinctions The following individuals in our community were recently honored for their achievements. If you achieve a professional success, feel welcome to submit it to bar@sdcba.org for inclusion in an upcoming issue of San Diego Lawyer.
The United States District Court of Southern California reappointed Hon. Jill L. Burkhardt for a term of eight years, effective March 12, 2022.
Heather Rosing, Inaugural President of the California Lawyers Association and current President of the California Lawyers Foundation, was selected as the 2022 National Conference of Bar Presidents (NCBP) Fellows Award winner. Ms. Rosing will be recognized at the Awards Luncheon at the NCBP Midyear Meeting in Seattle, WA on Friday, Feb. 11.
PERLA PEREZ LRIS SPECIALIST
What are your main responsibilities at the Bar?
What is your favorite movie and why?
I am a part of the Lawyer Referral and Information Service (LRIS). I connect the public with our experienced attorneys and/or the
I have so many favorite movies, but one of my top movies would have to be Big Fish by Tim Burton. The essence of this movie is
best resources available for their legal needs. Among many projects, some of which extend to Imperial County, I am also the
about how people live through the stories they tell, and how they make the stories memorable so they live through generations.
Wills for Heroes Program Coordinator.
I love stories — they are a part of our history.
How long have you been working at the Bar?
What’s your favorite quote?
It has been one full year since my employment journey started with the Bar Association, and it has been the best experience I have
“Seize the moments of happiness, love and be loved! That is the only reality in the world, all else is folly. It is the one thing we are
ever had.
interested in here.” — Leo Tolstoy
What is your favorite part of your job? The environment — every day we are constantly learning, whether it be about new laws or the newest member of the Superior Court. I love being part of a job where we are at the center of information within the legal community.
What do you love about San Diego? San Diego is my home. I was born and raised here. One of the things I love most about San Diego is that it’s filled with so much diversity. It’s like traveling the world, depending on what part of the city or county you’re in.
Editor’s Note In this issue we are rerunning a profile piece on Angela Medrano (on the next page), which originally ran in our September/October 2021 issue. Due to a number of errors within the profile, we have opted to set the record straight by fixing the inaccuracies and running the profile again rather than try to address the errors in a corrections box. (A revised version has already replaced the original piece in our virtual edition.) The editorial team has reviewed standard procedures and has implemented additional checks to help ensure the accuracy of future profile pieces.
SAN DIEGO LAWYER | January/February 2022
43
DIVERSITY
ANGELA MEDRANO
The San Diego County Bar Association’s First Native American Member of Its Board of Directors By Wilson A. Schooley
H
umans have inhabited San Diego for 10,000 years. Native Americans were here before Spanish explorers, before missionaries, before the Mayflower, before Mexican land grants to its California colonists, and long before California joined the Union. San Diego County has more Indian reservations than any other county in the United States — 18 federally recognized tribal nation reservations. Native peoples here generally comprise four cultural groups: Kumeyaay/ Diegueño, Luiseño/Payómkawichum, Cahuilla, and Cupeño. Yet, it was only in the last year that the San Diego County Bar Association welcomed the very first Native American member on its Board of Directors. Angela is a member of the Cahuilla Band of Indians, located in California’s Riverside County. She grew up in San Marcos, CA — San Diego’s North County region. Angela comes from a family of lawyers. Her mother, father, and three uncles all went to law school — most with JDs from the University of California, Los Angeles (UCLA). Once in law school, she drew upon her family members’ achievements and contributions as inspiration for moving forward toward her own success. When Angela attended high school in San Marcos, most peers did not even know there were Native communities in the county at that time. College, however, brought Angela a couple of formative experiences. At the University of Southern California, she encountered other Native students. She also took an undergraduate constitutional law class and a deviant-behavior sociology class that included many legal issues. These classes made her decide to attend law school. Angela is graduate of the University of San Diego, School of Law. She founded a Native American Law Student Association, and was able to find a handful of other Native students and students interested in native issues. Her introduction to Indian law came from an internship at California Indian Legal Services (CILS). With the encouragement of her uncle, a prior CILS attorney, she pursued a post-graduation position there. She worked there for about ten years, starting in their Oakland office and eventually settling in their Escondido office. She credits her time at CILS for laying the foundation of her Indian law education.
44
SAN DIEGO LAWYER | January/February 2022
Angela spent two years as a Gaming Commissioner for her tribe. She also worked on the development of a Tribal TANF (Temporary Assistance of Needy Families) program for a tribe in Riverside County. In 2014, she founded the Law Office of Angela Medrano, in recent years focusing on tribal economic development matters. In 2019, she joined the Intertribal Court of Southern California as a Pro Tem judge, working with staff to launch a tribal youth diversion court. Indian Country in California has a unique history compared to the Indigenous experiences outside of California. California had contact periods with a number of colonizers; Spain, missionaries, Mexico, and finally the U.S. By the time the U.S. government came West, it was weary of treaty-making. There are 18 unratified treaties with California tribes. Jim Crow-like laws were passed: Indians could not testify against white people; they could be picked up for vagrancy and indentured to “pay off fines.” The tribes in California are true survivors. Working in Indian Country has been a rewarding experience for Angela. She described Federal Indian law as complex and stressed the importance of historical context. Tribal law is unique and ever growing. Working with tribal governments and communities can be a challenge for many reasons, but after doing it for 18 years, she is still thoroughly enjoying it. Seeing the growing diversity in the County Bar made her feel that different backgrounds and experiences are now common. Her mother was a founding member of the Native American Lawyers Association of San Diego County in 1995, serving as President for several years. Angela sits as the current President, and now, with the growing diversity of the Board, has chosen to offer her talents as a member of the Board of Directors.
Wilson A. Schooley is a reformed big firm partner and current appellate specialist practicing primarily civil rights and indigent criminal defense law; a professional actor; published author and photographer; Past Chair of the ABA Civil Rights and Social Justice Section; member of the ABA Journal Board of Editors; Delegate to the ABA House of Delegates; Presidential Appointee to the Coalition for Racial and Ethnic Justice; and member of the SDCBA Board of Directors.
PHOTO GALLERY
HOLIDAYS AROUND THE WORLD Members kicked off the 2021 holiday season with great food and company at the annual Holidays Around the World Potluck Celebration, hosted by the SDCBA’s Committee on Diversity and Inclusion.
L to R: Marisol Swadener, Claudia Ignacio
SDCBA members enjoying the potluck
L to R: Yasaman Sharif, Mojgan Khoshvaght Gigasari
L to R: Kimberly Ahrens, Ariel Javier, Shawn Burgh, Douglas Clark, Ashley Fasano, George E.C. Seymour, Jodi Cleesattle
L to R: Ivy Kosmides, Laura Handzel
A very well attended celebration!
Kenneth Kawabata
SAN DIEGO LAWYER | January/February 2022
45
PHOTO GALLERY
STEPPING UP TO THE BAR 2021 The SDCBA installed the new Board of Directors and welcomed 2022 SDCBA President David Majchrzak at its annual Stepping Up to the Bar event. This year’s celebration was held at the beautiful U.S. Grant. Thank you to Diamond sponsor Antonyan Miranda; Gold sponsor Klinedinst; Premier sponsor Clio; Producing sponsors Signature Resolution, CaseyGerry, Judicate West, JAMS, and ADR Services; Title sponsors Manufacturers Bank, Torrey Pines Bank, ABA Retirement Funds, Johnson Heeder, and LawPay; and all our Friend sponsors.
Hon. Judy Bae administers the Presidential Oath to David Majchrzak
L to R: A. Melissa Johnson, Khodadad Darius Sharif
2022 SDCBA President David Majchrzak
THLA Co-President Doug Clark
Attendees enjoying the photo booth
San Diego City Councilmember Marni von Wilpert (L)
Emily Howe, Michelle Gastil, Sharon Nelson
LTR David Majchrzak, Past Presidents Marvin Mizell, Renée N.G. Stackhouse, Lilys McCoy, Heather Rosing, Hon. Loren Freestone, Executive Director Jill Epstein, President Elect Melissa Johnson, Past Presidents Johanna Schiavoni, Kristin Rizzo, Jerrilyn Malana
46
SAN DIEGO LAWYER | January/February 2022
L to R: David Majchrzak, Renée N.G. Stackhouse
L to R: Hon. Blaine Bowman, Jill Epstein, Hon. Anthony Campagna
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