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by Melissa JohnsonLAW SCHOOL COLUMN
by Anna (Anya) BytnarETHICS
LEGAL AID SOCIETY OF SAN DIEGO CELEBRATES 100 YEARS OF SERVING THE POOR AND DISADVANTAGED by Greg
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THE REWIND
McIntyreWhose Rules Rule? by Edward
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KammerBUSINESS OF LAW
The Benefits of Pro Bono in Law Firms by Christine
I.P. Schumacher
WHY I LAWYER by Genevieve
A. SuzukiSAN DIEGO COUNTY BAR FOUNDATION
True Confessions: The American Inns of Court by George W. Brewster Jr.
WHAT TO DO WHEN ... JURY SELECTION GOES WRONG by Eric
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DISTINCTIONS AND PASSINGS
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THE ERA OF CHANGE AND CHANGE AGENTS: SAN DIEGO LEGAL COMMUNITY 2014-23
by David M. Middleton
2023 IS THE YEAR OF PAY TRANSPARENCY by Jodi
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WOMAN, LIFE, FREEDOM: IRANIAN WOMEN'S REVOLUTION by Mikhak Ghorban
‘BUT THE TIE GOES TO THE RUNNER’ A Litigation Lesson From Baseball by Michael
G. Olinik
LAWTUBE: OPENING THE DOOR FOR ATTORNEY SUPERSTARDOM by Andrea
WarrenSOUTH ASIAN BAR ASSOCIATION OF SAN DIEGO ASSISTS REFUGEES by Vaani Chawla
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Issue 2, March/April 2023
Issue no. 2. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price of an annual subscription to members of the San Diego County Bar Association is included in their dues. Annual subscriptions to all others: $50. Single-copy price: $10.
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Before news anchor Sandra Maas signed off the air in 2019 she said: “And though I won’t be delivering the news anymore from this anchor chair, I do hope to be making news. And making a difference for women in the workplace.” Less than two weeks later, she filed a lawsuit in the San Diego Superior Court, alleging, in part, that her former employer violated California’s Equal Pay Act by paying her male counterpart substantially more than her, and for whistleblower retaliation because her employer failed to renew her contract after she complained that the station paid her male counterpart more.
The jury awarded Ms. Maas $200,000 for her former employer’s violation of California’s Equal Pay Act, $1,295,000 in lost earnings, and $80,000 for emotional distress for retaliation by her former employer. And coincidently, Ms. Maas’ legal victory coincides with Women’s History Month and 2023’s Equal Pay Day.
The first Equal Pay Day observance in the United States was organized in 1996 by the National Committee on Pay Equity to raise awareness of the wage gap and its impact on women. Equal Pay Day marks the point when the average woman’s current earnings, combined with what she earned in the previous year, equals what the average man was paid last year. This year, Equal Pay Day will be recognized on Tuesday, March 14, 2023.
The gender pay gap is high, but the racial pay gap is even higher. Black, Hispanic, and Native women are more likely to be paid less than white women. And while Equal Pay Day this year is recognized in March, Black Women’s Equal Pay Day is September 21, 2023; Native Women’s Equal Pay Day is November 30, 2023; and Latina Equal Pay Day is December 8, 2023.
Consistent undervaluing of women’s work, and genderand race-based pay disparities, puts women (particularly women of color) at higher risk of economic insecurity and contributes to higher poverty rates.
California state legislators such as Hannah Beth Jackson, Lorena Gonzalez, and Ash Kalra have championed legislation to help close the pay gap through salary history bans, reporting requirements, and pay transparency, but this is not closing the gap quickly enough.
Salary History Ban: California law prohibits employers from relying on an employee’s prior pay to justify sex, race, or ethnicity based wage disparities. As such, employers may not ask applicants about their prior pay, because basing current pay on prior pay perpetuates the pay gap problem.
Pay Data Reporting: California requires employers to submit a pay data report, which requires employers with 100 or more U.S. employees and at least one employee in California to (1) submit an annual report of the number of employees within each establishment by race, ethnicity, and sex by job category and pay band during the prior year and (2) submit a pay data report for employees hired through labor contractors such as temporary staffing agencies and provide the median and mean hourly rate for each combination of race, ethnicity, and sex for each job category for both traditional employees and those hired through labor contractors.
Pay Disclosure Law: Pay transparency obligations are evolving rapidly. California employers with 15 or more employees must include pay scale or hourly wage ranges in job postings and provide the pay scale for the position to applicants upon request after an interview and to current employees upon request.
Pay Transparency: It has long been illegal for employers to prohibit an employee from disclosing his or her own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise rights under the Equal Pay Act.
I serve on the Executive Board of the California Employment Lawyer’s Association (CELA), the pre-eminent bar association for California plaintiffs employment attorneys, and I have been part of CELA’s Lobby Day team, traveling to Sacramento every year to meet with California legislators and staff to advocate for changes in the law that will provide working Californians with stronger legal protection. I am proud that I have personally lobbied the California legislature to pass laws designed to close the pay gap, specifically the Salary History Ban, Pay Data Reporting, and Pay Disclosure. And of these legislative bills, Pay Data Reporting was a very hard-fought battle. Until the Pay Data Reporting bill was finally signed by Governor Newsom, it had been passed in the legislature several times, but was not signed into law.
As you can probably tell, my practice area is plaintiffs employment law and my firm represents workers
in matters related to discrimination, harassment, retaliation, and violations of California’s Labor Code. In my years of practice, too many times, I have heard stories similar to Sandra Maas’. For example, a newer female lawyer once reported to me that she complimented her employer for having so many women working in the firm. Much to her chagrin, her boss said something like, “Well, I can hire nearly three women for the price of one man.” But despite the inherent unfairness of being paid less than their male counterparts, women and people of color often do not complain because they would rather work for less money, than find themselves the subject of retaliation.
I deeply appreciate the immense bravery of Sandra Maas for standing up for herself, and all women and people of color who are paid unfair and unequal wages. And thank you to my colleague who represented Maas, Josh Gruenberg, and his team of excellent attorneys, Pamela Vallero and Joshua “JP” Pang for fighting such an excellent fight to close the pay gap.
Melissa Johnson is a plaintiff’s employment lawyer and a partner at Johnson Heeder LLP. Her practice focuses on discrimination, harassment, retaliation, executive compensation, and representation of public employees.
Your next great meeting, conference, or reception awaits at The Center At Columbia, a beautiful hospitality space in the Columbia District of downtown San Diego, just south of Little Italy. You can host up to 300 people here, with highly flexible room configurations, audio/visual and live streaming capability, and catering-ready facilities. All at very competitive rental rates.
The San Diego County Bar Association’s Lawyer Referral and Information Service (LRIS) connected nearly 59,000 qualified clients with participating attorneys in 2022, resulting in almost six million dollars in legal fees earned. You could be one of those attorneys in 2023.
The public trusts LRIS as the reliable way 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.
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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.
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Attending Thomas Jefferson School of Law to pursue a J.D. degree is the culmination of a lifelong dream for me, and the achievement of a personal goal that I have needed for many years. The best way to explain this desire is to talk a bit about the two good men I have had in my life, who provided me with stability and experience, but from whose shadow I now want to step out of and earn a law degree on my own.
The first good man, of course, is my father. As a child growing up in the Russian Federation, we lived in many different cities. I was basically the definition of a “military brat.” It seemed like we were constantly moving every couple of years, and there was little time to focus on any one place or thing for myself. Eventually, in 2004, I was able to attend Moscow State University for a master’s degree program and took many classes with a legal focus.
Then, in 2010, I met my now ex-spouse while we were both in Moscow working for the U.S. company Schlumberger. My first three years were spent in Schlumberger’s Moscow offices working for our local legal counsel. When my former spouse was later transferred back to the United States, I left Moscow
behind in 2012 to join him under their Dual Career Program. Schlumberger found a position for me in its Sugar Land, Texas facility as a paralegal to seven patent attorneys.
When the oilfield industry suffered a downturn in 2016, we moved to Orange County, California. I worked at Quest Software reviewing contracts, and later worked for 2nd.law as a paralegal helping our clients with their business and immigration cases. I have always been motivated to be different, expand my own horizons, and go outside of my comfort zone. I am now an American citizen, and while English is not my native language, I am now fluent.
While I respect these two men I have had in my life, I have always felt like I was not in control of my life but following their paths instead. Because they both had long careers in their fields, which required constant moves, I was never quite able to dig any roots for myself. I finally have that opportunity now as an aspiring lawyer.
Anya Bytnar is from Russia, which is quickly evident once you hear her accent. Most of Anya’s education and work experience has been in the legal field. Anya’s goal is to develop her legal career with further education at Thomas Jefferson School of Law.
San Diego Lawyer welcomes article submissions from practicing attorneys and industry experts on various law-related topics. Interested contributors can view guidelines and submit their ideas using the form at www.sdcba.org/SDLidea.
We also highly encourage the participation of diverse authors, including (but not limited to) people who have less than five years of legal practice, women, people of color, people with disabilities, and people who identify as LGBTQ+. Please read posted submission criteria carefully. Publication cannot be guaranteed, but the SDCBA appreciates and will consider all article submissions.
Duncan introduced the young woman. “Uncle, Sara, please meet Elaine Sims.”
“Elaine, I’m pleased to meet you.” “So am I.”
“I’m just admitted to practice in Arizona. I read its ethics rules and I’ve got some questions.”
All four comfortably sat around the conference table. Macbeth started.
“Questions about Arizona’s Rules of Professional Conduct?”
“Yes. I compared them to California’s and see some differences. Which rules do I follow?”
“Excellent question. California adopted rule 8.5 that deals with disciplinary authority and choice of law.”
“I read it, but I’m a bit confused.”
“Fair enough. First, a California lawyer is subject to California discipline, no matter where the lawyer’s conduct occurs.”
“That’s clear. California’s rules follow me no matter where I am.”
“Yes. But not always.”
“That’s what I’m trying to sort out.”
“Rule 8.5 also says the rules of the jurisdiction in which a tribunal sits govern conduct before the tribunal.”
“So, Arizona’s rules apply when I’m practicing in Arizona?”
“Spot on. The exception would be if Arizona’s rules provided something different, but they don’t. Its rules apply to lawyers practicing in that jurisdiction.”
“What happens when I’m in my office?”
“Our rule 8.5 says, for other conduct, the rules where the lawyer’s conduct occurred apply.”
“OK. Seems clear.”
“There’s a ‘but.’ If the ‘predominant effect’ of the lawyer’s conduct is in a different jurisdiction, that jurisdiction’s rules apply.”
“What’s that mean?”
“A couple of examples. You’re in your San Diego office. A client wants to discuss a possible investment in Arizona. You advise the client generally how the client might want to structure that investment. What’s required to get an entity formed.”
“I assume California’s rules apply.”
Sara and Duncan both nodded.
“We all agree. You’re not in Arizona yet. So, no tribunal rules. The predominant effect of your advice would be in California.”
“Seems clear.”
“Let’s go to the next step. You’re preparing the client’s documents for the formation of an entity to hold the investment. Still in your San Diego office.”
“I’m not in Arizona so California’s rules still apply, no?”
A recurring series where fictional characters discuss real ethics scenarios. Macbeth, a long-recognized expert in legal ethics, professional responsibility, and the law of lawyering is joined by Duncan, his nephew, and Sara, the very bright newest member of the firm.“Sara?”
“I agree, although the formation of the entity’s ultimate effect, when formed, will be in Arizona.”
“Is it possible Arizona’s rules apply? Because that’s where I’ll form the entity? That ‘predominant effect’ language?”
Macbeth answered. “Excellent question, but because the client, the legal work, and you are all in San Diego, the better answer is California’s rules apply.”
Sara added, “There’s the saving grace. A lawyer won’t be disciplined just because a lawyer followed the rules of a jurisdiction where the lawyer reasonably believes the predominant effect will occur.”
Duncan added, “So, if a San Diego lawyer reasonably believes the predominant effect, say, of his final work on formation of an entity in Arizona will be in Arizona, the lawyer may follow Arizona’s rules.”
Macbeth asked, “Is it starting to fall in place, Elaine?”
“I think so. When I’m in Arizona, Arizona’s rules. When my work is here and is preliminary, California’s. When I’m just about to form the entity, California’s, but maybe Arizona’s.”
“There you go. Shall we discuss some of the major differences?”
“That would be helpful.”
“California’s confidentiality rule 1.6 has only one exception. Disclosure to prevent death or serious bodily injury. Because lawyers must comply with section 6068, subdivision (e).”
Elaine nodded.
“Arizona’s rule 1.6 allows disclosure, for example, to prevent a client from engaging in fraud reasonably certain substantially to harm another’s financial or property interests when using the lawyer’s services.”
Sara added, “Another big difference is rule 3.3, candor to a tribunal. Our rule limits a lawyer’s ability to disclose false evidence to a tribunal if section 6068, subdivision (e) prevents it. The Arizona rule has no such limitation.
Macbeth cautioned, “Let’s remember rule 1.4. Our duty is to communicate to the client so they can make an informed decision about the representation.”
“That means I should explain to a prospective client that once I’m representing it in Arizona, its rules apply? And that some differ significantly from California’s.”
Macbeth smiled, “Excellent. Maybe not just at the beginning. But from time to time as you get closer to forming the entity or otherwise representing the client’s investment. Perhaps in writing in your engagement agreement.”
“Thanks for that suggestion. I will.”
“The rules protect the client. But some risk mitigation can’t hurt.”
Author’s Note: Bus. & Prof. Code section 6068, subdivision (e)(1) says a lawyer must “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.”
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
CALL THE LEGAL ETHICS HOTLINE: (619) 231-0781 x4145
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Simply call the hotline and leave a message with your phone number, your question, and any context you can provide that can help our attorneys research your question before responding. One of our Legal Ethics Committee members will call you back to discuss your question with you.
*Before calling, please read this disclosure: https://www.sdcba.org/ docDownload/47105.
TECHNOLOGY by Bill KammerThe recent trial of notorious South Carolina lawyer Alex Murdaugh included some excellent testimony from forensic examiners, particularly from a Secret Service agent. Their testimony included practical examples of the time required to break the passcode on an iPhone 11. Cellebrite is the device most used by law enforcement to unlock mobile phones of interest. Using Cellebrite Premium for a brute force attack on an Apple device might be limited to 146 attempts per day. At that rate, a single computer’s attack on a four-digit passcode should unlock it within three months of effort (10,000 possible combinations). But with passcodes, like passwords, length is the critical factor in repelling a brute-force campaign. Attacking a six-digit code at the same rate could take up to 19 years (1 million combinations) to succeed.
Sadly, we are all creatures of habit, desperate to use a passcode we can simply remember. No matter the extended length, hackers will initially attack with the passcodes often used, such as 123456 (https:// cybernews.com/best-password-managers/mostcommon-passwords) and codes based on an owner’s birthdate, anniversary, street address, etc. In fact, investigators broke Murdaugh’s phone in less than three hours because he had used a passcode associated with his date of birth. More information is available at sites such as https://www.security.org/how-secureis-my-password and https://www.lifewire.com/howto-strengthen-your-iphones-passcode-2487324. For a quick lesson in password and passcode security, visit Steve Gibson’s Haystack website at https://www.grc. com/haystack.htm.
About 20 years have passed since attorneys first dealt with electronic discovery and the phases of the EDRM Model (https://edrm.net/resources/frameworks-and-
standards/edrm-model). Over the years, attorneys developed or borrowed various forms to deal with some of those evolutions. These included legal hold letters, privilege logs, electronically stored information (ESI) protocols, and various other documents. Attorneys are creatures of habit. Much work went into developing those forms, but likely, much less time has gone into revising or updating them. Fortunately for ESI practitioners, the gathered experiences of groups and individual experts have produced excellent recent revisions and updates recommended to anyone with a need for a revised and current form.
The Sedona Conference recently published its “Primer on Managing Electronic Discovery in Small Cases.” This valuable publication covers the entire range of electronic discovery evolutions and would be a helpful guide for anyone without substantial e-discovery experience: https://thesedonaconference. org/publication/Primer_on_Managing_Electronic_ Discovery_in_Small_Cases. The conference has published many guides, protocols, and commentaries, which can be found on its publications page at https:// thesedonaconference.org/publications. For starters, consider its commentary on legal holds: https:// thesedonaconference.org/publication/Commentary_ on_Legal_Holds.
Every case usually calls for a negotiated ESI protocol. Necessary parts of an ideal protocol include definitions, discussions of collected and maintained data, FRE 502, and the form of produced ESI. Almost every firm with substantial experience has its own form, and battles between protocols are not infrequent. However, Craig Ball recently published his annotated ESI protocol. Not only does he provide his suggested best-practice language, he also notes the reasoning and necessity of certain terms: https://craigball.net/2023/01/09/theannotated-esi-protocol.
A final example is the recent work of the EDRM itself, producing an updated version of its privilege log protocol. Historically, privilege logs come in all shapes and sizes, some more useful and transparent than others. Reviewing for privilege before production can be difficult, time consuming, and expensive. However, certain techniques, including computer assistance in metadata extraction and sorting, can substantially reduce those burdens. They will produce a product letting the requesting party analyze and review the claims of privilege in a way that satisfies its duty to assure the productions were satisfactory and justified. Find the EDRM’s January revision to the recommended privilege log protocol at https://edrm. net/2023/01/edrm-announces-version-2-0-of-edrmprivilege-log-protocol.
Every day we can read about another security breach on an entity’s or merchant’s website. Hackers generally assemble and publish breached credentials on the dark internet. The security analysts at KnowBe4 have produced a Breached Password Test to determine if an employee or professional is using a password harvested in past breaches. Recent studies suggest that 25% of employees use the same password for all site logins. And more than half use the same password for both firm/company and personal accounts. No one wants to change passwords regularly, the so-called “password fatigue.” But anyone using a breached password or one easily broken should have to create a new password. The Breached Password Test is at https://info.knowbe4. com/breached-password-test-webinar.
Articles appear daily discussing artificial intelligence (AI), large language models (LLM), and chatbots. When used together, some reports claim passing grades on licensing exams, well-written essays, and search results better than Google. Everyone is experimenting or playing with these tools, but there are corresponding reports of wrong answers, made-up answers, and incorrect historical references: https:// ediscoverytoday.com/2023/01/18/chatgpt-makesthings-up-when-it-doesnt-know-the-answer-artificialintelligence-trends.
Vendors to the legal profession all tout the benefits of their products and techniques when they incorporate AI. For the moment though, the best advice may be to sit tight and await further development and analysis.
There is no room here for a deep dive into AI, but most of these experiments are based upon “generative” AI. In simple terms, that means that the database used as the source of the information has not necessarily been curated or verified to make sure data is true or correct. For example, OpenAI’s database — about 350 billion words — includes all of Wikipedia, the Internet Archive/Wayback Machine, WordPress, “The New York Times,” and most of Google’s database. The chatbot’s generated answer can draw from those sources without verifying the accuracy of the data relied upon.
This is not meant to impugn the software e-discovery professionals have used with help from computers and AI. These are known by names like predictive coding, computer-assisted research, and technology-assisted research. Those methods depend upon teaching a machine the difference between relevant and nonrelevant and certain other distinctions. You might call that intelligence “discriminatory.” By this structured dialogue, the user instructs the machine to find answers like the inputs. In earlier efforts, the instructions were given by subject-matter experts or the ingestion of seed sets. In later revisions, the machines learn continuously based on feedback from human reviewers after viewing the machines’ suggested results. Even OpenAI is trying to improve the accuracy of its answers by now suggesting thumbs-up or thumbs-down feedback.
This paragraph’s heading comes from a recent article by John Tredennick and William Webber. This thoughtful article includes a good summary of the present situation and likely future developments and effects upon our profession and practices:
https://www.law.com/legaltechnews/2023/01/25/ what-will-ediscovery-lawyers-do-after-chatgpt.
The benefits of pro bono work to the public, such as ensuring meaningful access to justice, helping courts operate more efficiently, and improving the public’s perception of our legal system, are well-known. From a firm’s perspective, pro bono work also makes good business sense both in showing clients that a firm exercises social responsibility and having opportunities to partner with corporate clients in meaningful community projects. With many employers concerned about recruitment and retention, and more attorneys seeking work environments that incorporate wellness and support, providing pro bono opportunities offers additional benefits.
Additionally, some firms offer billable credit for pro bono work. “A pro bono hour is counted the same as a billable hour for purposes of any hourly minimums or bonus calculations,” says Dorothy Fernandez, Pro Bono Counsel at Morrison & Foerster LLP. Similarly at Cooley LLP, pro bono work qualifies for full billable credit, according to Mary Kathryn Kelley, Pro Bono Counsel at Cooley.
When pro bono work is a large part of a firm’s culture, it can be an effective tool for recruitment. “The founders of [Mintz Levin] believed deeply in giving back to the community, and that is something that has remained unchanged at the firm, culturally, over the decades,” shares Susan Finegan, chair of the Pro Bono Committee at Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. “A byproduct to this deep commitment to pro bono has been that it has been a strong recruitment tool for prospective hires of the firm.”
Daniel Brown, pro bono partner at Sheppard Mullin, says their attorneys regularly ask about pro bono projects as it is part of their culture. “We also frequently hear from potential recruits about being excited to work at a firm that helps and encourages them to find meaningful pro bono opportunities,” he adds. “The satisfaction, autonomy, and ability to collaborate with colleagues to do good surely contributes to attorney wellness and retention.”
Pro bono committees or counsel at many firms try to find projects that both are of interest to their attorneys and can provide professional development opportunities. “Pro bono can also provide junior attorneys with opportunities for skill development, ranging from managing their own cases and clients, to handling negotiations and court appearances,” says Fernandez. “We really encourage associates to think about how they can make pro bono part of their legal career.”
As remote opportunities became more widespread during the COVID pandemic, working on pro bono projects provided a chance for attorneys in various offices to work together with clients in remote settings. This has allowed for a greater sense of community within a firm and entrenches a key part of firm culture.
“When I was working with a sexual assault survivor to extend her protective order, I had a second-year associate cross all the witnesses at the hearing. Then when the defendant appealed the favorable ruling for our client, I had a sixth-year interested in appeals drafting and arguing the appeal,” says Finegan. “So, the attorneys get to feel good about working with a client that is so deserving, and gain professional skills at the same time.”
Studies show that volunteering in one’s community has a positive impact on mental well-being, stress, and happiness.1 Many firms have robust pro bono structures through which attorneys can find projects of interest. At Cooley, a primary benefit of doing pro bono is “the opportunity to contribute to the communities in which we live and practice, and to make a meaningful difference on issues that our attorneys care about deeply,” says Kelley.
Morrison Foerster creates that sense of community through projects such as responding to the legal needs of natural disaster survivors, “a common area that has touched the lives of many of our attorneys, staff, and
clients. It instills a sense of pride in the work the firm is doing, knowing that the firm is out front and being proactive in these situations,” says Fernandez. “Many attorneys are motivated to get involved once they hear how their colleagues have been able to make a difference in someone’s life.”
Using legal skills to benefit the community creates a greater sense of purpose. “Advising pro bono clients lets lawyers utilize their legal training in the service of the public good,” offers Benjamin A. Dozier, Litigation Associate and member of Latham & Watkins’ Pro Bono Committee. “From helping asylum seekers find safe haven to advising veterans and low-income entrepreneurs, to protecting the environment, pro bono offers an opportunity to fundamentally and permanently change lives, perhaps the biggest benefit of all.”
13, 773 (2013). https://doi.org/10.1186/1471-2458-13-773
Her name was Grace Van Owen and she was everything I wanted to be. Her smart appearance was a direct reflection of her life as a top attorney.
I had been in sixth grade in Honolulu and obsessed with “L.A. Law,” which was probably the first time I thought about becoming a lawyer.
At that time, I was also experiencing a court drama of my own: my parents’ contentious divorce. As my family fell apart, I found refuge in weekly “L.A. Law” episodes. When the judge asked to speak with me about my feelings regarding visitation, I was excited for two reasons: (1) I would be able to tell the judge about what I wanted when it came to custody and (2) I would actually get to (kind of) represent myself in court.
I had become as close to an attorney as possible at 11 years old. When the judge made his order leaving visitation up to me, I won my first case. I decided the lawyer life was for me and wanted to someday help other families with their court issues.
But then high school happened and I became a full-fledged band geek, ultimately attending the University of Hawai’i at Manoa on a music scholarship.
After writing a regular column for our college newspaper, however, I was encouraged by my peers to instead declare journalism as my major. Following an internship at “Newsday” in New York through the Dow Jones News Fund Copy Editing Internship program, I returned to Hawai‘i to work for various newspapers as a reporter and editor.
My last professional journalism job in Honolulu was arts and entertainment editor for the now-defunct “Honolulu Weekly,” the local version of “The Village Voice.”
While I loved the work, the pay was demoralizing. My husband, Derek, was our primary source of support as I made approximately $27,000 a year for a position that required me to work almost 60 hours a week, editing, writing, and attending events around town. I knew it was bad when I felt deep envy looking at Derek’s teacher paycheck.
One day I found myself at a Borders bookstore, perusing the LSAT prep books. I finally bought one of them “just in case.” Grace Van Owen beckoned from the recesses of my mind, reminding me of a dream I once had. I was 29, still young enough to return to school and become an attorney.
My husband, thrilled at the prospect of his wife making a living wage, agreed to support this career change and moved to San Diego with me so I could attend California Western School of Law in 2005.
Almost two decades later, I am an attorney — not exactly a Grace Van Owen, but my own kind of lawyer — practicing family law. It made sense in the end to return to the field of practice in which I won my first case.
Genevieve A. Suzuki has her own practice, Law Office of Genevieve A. Suzuki, A.P.C., primarily focusing on family law and restraining orders.
No decision has been more impactful to San Diego’s Black legal community in the last decade than the pivotal decision in September 2014 by the general membership of the Earl B. Gilliam Bar Association — then a 501(c)(3) organization under the Internal Revenue Code — to rename itself to the Earl B. Gilliam Bar Foundation. This facilitated the Earl B. Gilliam Lawyers Organization of San Diego County to become the Earl B. Gilliam Bar Association (EBGBA), a 501(c)(6) organization, with the mission to advance the political, economic, educational, social, legislative, and legal interests of the Black community in San Diego County.2
EBGBA made an undeniable impact in advocating for structural changes to how complaints against San Diego police officers are handled to ensure transparent and effective accountability. EBGBA was a chief proponent, among others, of amending San Diego’s city charter to create a robust, community-led commission that adjudicates complaints against San Diego police. After years of effort, EBGBA and its coalition partners successfully persuaded San Diego City Council to place the charter amendment on the November 2020 ballot as Measure B — which ultimately passed with 74% voter approval. The advocacy of former presidents Dennis Dawson, Andrea St. Julian3, Geneviéve Jones-Wright,4 and Maresa Talbert5 all contributed to this monumental effort.6
EBGBA has also been able to mobilize its political capital to endorse qualified and mission-aligned candidates, both African American and non-African American, in local San Diego elections. For example, EBGBA proudly endorsed President Pro Tem Monica Montgomery Steppe as the incumbent for City Council District 4.
As a 501(c)(3) charitable organization, the Foundation primarily exists to support efforts to diversify the legal community. Early on, the focus was aimed at the dearth of African American judges in California, especially in San Diego. The call for diversity was recognized in part after a number of gubernatorial appointments to the San Diego bench. Over the last decade, the San Diego bench has been diversified and benefited by the appointment of qualified Black judges: Tilisha Martin, 2015; James E. Simmons Jr., 2017 (who was nominated in 2022 to be a U.S. District Judge by President Biden7); Terrie E. Roberts, 2019; Victor N. Pippins Jr., 2020; and Euketa Oliver, Sherry M. Thompson-Taylor, and Charles Bell (former City Attorney for National City), 20208 Judge Michael D. Washington was elected in 2014. In 2022, Commissioner Chandra Reid joined the San Diego Superior Court. Additionally, Judge Randa Trapp retired in 2022 as San Diego Superior Court’s first Black supervising judge in the civil division after being the first Black judge in the division. Despite the seeming progress on San Diego’s bench over the
last decade, there is still a long ways to go. Surprisingly, there has never been a Black woman nominated to be a U.S. District Judge to the Southern District of California or elected by the district judges as a magistrate judge.
Other attorneys recently made history through their work and service. In 2021, Dwain Woodley became the first African American Assistant District Attorney, second in command in the San Diego office, in San Diego County history. Judge Randa Trapp and Geneviéve Jones-Wright were inducted into the San Diego Women’s Hall of Fame. In 2022, past president Joy Utomi Hartmann was appointed to San Diego’s revived City Commission on the Status of Women.9 Commissioner Danielle Moore was sworn in to San Diego’s Board of Port Commissioners — only the second Black woman to hold this position in the Port’s history.10 Former president and San Diego County’s Office of Homeless Solutions director, Omar Passons, became Deputy City Manager in the City of San Jose. Past presidents Maresa Talbert and Yahairah Aristy were recognized as Women of Influence in Law by the San Diego Business Journal and, in 2020, Aristy became the first Deputy Public Defender to serve as Lawyers Club President.
Noticeable progress was also realized in the in-house attorney realm. In 2022, Shaka Johnson became General Counsel & Secretary at Sony Electronics. Josi Swonetz, senior corporate counsel for Best Buy Health, received the California Association of Black Lawyers
1. This article is a general continuation of “Pioneers, Warriors, Advocates: San Diego’s Black Legal Community, 1890-2013,” written by Robert Fikes Jr., and published in The Journal of San Diego History. (Access at: http://sandiegohistory.org/sites/default/files/journal/ v60-1_2/v60-1_2fikes.pdf ). Given the word number restriction, the author could not highlight all deserving individuals and noteworthy accomplishments, and deleted many citations. The Earl B. Gilliam organizations will collaborate to issue a more exhaustive snapshot.
2. Mission Statement, https://ebgba.org/
3. “Commentary: Measure B would create an independent commission for San Diego police complaints,” Andrea St. Julian, The San Diego Union-Tribune, Sept. 28, 2020, https://www.sandiegouniontribune. com/opinion/commentary/story/2020-09-28/measure-b-yescommission-police-practices
4. “Geneviéve Jones-Wright named First Legal Director at PANA,” Partnership for the Advancement of New Americans, July 2, 2019, https://www.panasd.org/blog/newlegaldirector
5. “Measure B to form new police commission on the way to being approved,” Melissa Mecija, Special Election, ABC 10 News San Diego, Nov. 4, 2020, https://www.10news.com/news/election-2020/measureb-to-form-new-police-commission-on-the-way-to-being-approved
Loren D. Miller Lawyer of the Year Award. Past president Abrina Wheatfall became Compliance Counsel for Albertsons Companies.
Other notable Black in-house attorneys in San Diego are Wayne Brown (Deputy General Counsel & Chief IP Officer, Quest Diagnostics), 2013; Kia Brady (Senior Real Estate Counsel, SDG&E), Kenya Williams (Trademark Enforcement Counsel, Thermo Fisher Scientific), 2020; Ebun Garner (General Counsel, Erasca, Inc.), 2021; and Julianna Kat (Senior Legal Counsel, Conservice), 2022.
The Foundation board has also furthered its mission through support of its local law students through programming and scholarship giving. In the past five years, the Foundation has awarded over $125,000 in scholarships to law students and will remain synonymous with scholarship giving .
As we look ahead, the 2023 Foundation board will be motivated by its core values of purpose-driven service, sustainable stewardship, inclusion, innovation, and a relentless commitment to Black empowerment. The Earl B. Gilliam organizations also plan to develop a robust community empowering Black legal professionals through collaboration with its community partners.
David M. Middleton is the 2023 Earl B. Gilliam Bar Foundation President and a Senior Associate at Meyers Nave, APC.
6. “Voters Approved a Much Tougher Police Oversight Board – Now What?,” Sara Libby, Voice of San Diego, Nov. 5, 2020, https:// voiceofsandiego.org/2020/11/05/voters-approved-a-much-tougherpolice-oversight-board-now-what/
7. “Biden nominates two for San Diego federal court bench,” The San Diego Union-Tribune, July 14, 2022, https://www. sandiegouniontribune.com/news/courts/story/2022-07-14/bidennominates-two-for-san-diego-federal-court-bench
8. “Governor appoints four new judges to San Diego Superior Court,” Teri Figueroa, The San Diego Union-Tribune, June 3, 2022, https://www.sandiegouniontribune.com/news/public-safety/ story/2022-06-03/governor-appoints-four-new-judges-in-san-diego
9. “Mayor Gloria Announces Appointments to the Commission on the Status of Women,” San Diego Mayor Todd Gloria, Aug. 26, 2022, https://www.sandiego.gov/mayor/mayor-gloria-announcesappointments-commission-status-women
10. Danielle Moore, Board of Port Commissioners, People of the Port, Port of San Diego Waterfront Opportunity, https://www. portofsandiego.org/people/board-port-commissioners/daniellemoore
By Jodi Cleesattle
Ionce inadvertently caused a stir when I was a young associate at my old law firm by commenting in a group email with fellow associates about the salaries at our firm. (We were speculating about anticipated raises.) Because our associate salary structure was lock-step — that is, every first-year associate earned the same, and so on up the associate ranks — it hadn’t occurred to me that we weren’t supposed to discuss our pay rates.
Salary secrecy and the type of minor kerfuffle I caused back then should be a thing of the past in California and a handful of other states, however, as new pay transparency laws went into effect this year.
The Pay Transparency for Pay Equity Act, California Senate Bill 1162, was passed in September 2022 and became effective January 1, 2023. The law, authored by State Sen. Monique Limón, requires employers with 15 or more employees to include a pay scale in any open job posting, including postings with third parties such as LinkedIn or Indeed. The law, set forth in Labor Code section 432.3, also requires that all employers must provide salary and wage information to employees upon request, and to job applicants upon “reasonable” request.
“This is a big moment for California workers, especially women and people of color who have long been impacted by systemic inequities that have left them earning far less than their colleagues,” Limón said in a statement. “California has once again shown its dedication to creating a more equitable economy with SB 1162. As we continue to build a sustainable economy, we must ensure every worker is paid equally.”
Since 2018, California has barred employers from requesting or relying on salary history information as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant.
Laws requiring pay transparency — and barring reliance on salary history — are aimed at combating wage discrimination based on gender, race, and ethnicity. Historically, employees who may have faced genderor race-related pay disparities in previous jobs often were offered lower salaries based on their artificially low salary history, perpetuating a cycle of lower pay.
Bans on salary history inquiries remove that factor, while pay transparency legislation ensures that employees have accurate information about the salary for their position and any position they might seek.
California and two other states enact laws requiring employers to post salary information
“The use of salary history in compensation decisions reinforces structural bias,” says Parisa Ijadi-Maghsoodi, chair of the San Diego County Commission on the Status of Women and Girls, and an attorney with Pease Law, APC. “Whether intentional or not, an employee’s salary history can serve as a basis for an employer setting a depressed salary or wage. It perpetuates the genderand race-based disparities we’ve been seeing in the labor market for the last half-century. The literature shows that salary history bans are effective at narrowing the gender pay gap, particularly for women aged 35 and older and women with children.”
Senate Bill 1162 also amends Government Code section 12999 to add new reporting requirements for California employers, mandating that private employers with 100 or more employees submit an annual pay data report including information on median and mean hourly rates by race, ethnicity, and sex within each job category. Private employers with 100 or more employees hired through labor contractors also must submit annual pay data reports. Employers also have new internal record-keeping requirements — they are required to maintain a record of job titles and wage history during each employee’s employment and for three years after termination.
Arlene Yang, a principal with Meyers Nave who focuses on employment counseling and litigation, says the data reporting law is designed to have employers look more carefully at their own data to see if there are any disparities. She notes that large employers and federal contractors already are required to provide some of this information to the federal government.
“We’ve had inquiries from a number of employers who are interested in trying to do more pay equity analysis internally,” Yang says. “Generally, the employers we work with want to treat their workers right. It’s important to make sure you’re paying your employees fairly.”
Like California, Washington and Rhode Island passed pay transparency laws that went into effect in January.
In Washington, the Equal Pay and Opportunities Act, Ch. 49.58 RCW, requires employers with 15 or more employees to disclose salary or wage information along with a general description of all benefits and other compensation in every job posting. Like California and 29 other states, Washington already prohibited employers from seeking wage or salary history information from applicants.
In Rhode Island, that state’s amended Pay Equity Act does not require employers to post salary information on job listings, but it does require employers to provide salary range information to job seekers on request (see R.I. Gen. Laws § 28-6-22). Employers also must provide wage range information to current employees upon request and must provide such information whenever an employee is hired or moves into a new position, even absent a request.
Colorado was the first state to require public posting of salary information, with its Equal Pay for Equal Work Act, C.R.S. § 8-5-101, et seq., taking effect in 2021. The Colorado law requires employers to disclose wage and salary rates or ranges, and a general description of benefits and other compensation, in all job postings.
A number of other states — including Connecticut, Maryland, and Nevada — require salary information to be provided upon an employee’s or applicant’s request at various points during the hiring process, and more states are considering pay transparency legislation.
“California has a trend of always working to provide more power to employees,” Yang says. “With pay transparency laws, it changes the dynamic somewhat in hiring situations. It’s going to be interesting to see how this will spread across the country. We’re seeing more and more states adopting pay transparency legislation.”
Even before California’s new pay transparency law took effect this year, some San Diego attorneys had undertaken a pay transparency initiative of their own.
The South Asian Bar Association of San Diego launched the Equal Pay Transparency Initiative in 2021, offering a
“This is a big moment for California workers, especially women and people of color who have long been impacted by systemic inequities that have left them earning far less than their colleagues.”
– State Sen. Monique Limón
free public database (https://equalpaytransparency. org) where attorneys can anonymously submit salary and practice information. The initiative aims to close the gender and minority pay gaps by providing information attorneys can use to advocate for better pay.
The website allows attorneys to submit their salary information along with their number of years in practice, practice area, position (such as associate, staff attorney, or partner), size of their law firm or employer, and city in which they are employed. Attorneys also can identify their gender, race or ethnicity, and any billable hours requirement.
Tarina Mand, past president of SABA San Diego and an attorney at Dixon Diab & Chambers, spearheaded the Equal Pay Transparency Initiative. She says she decided to start the project because of the “black box” of secrecy regarding law firm salaries.
“There’s such a wage gap between women and men, especially for women of color,” Mand says. “It’s hard to know how to fix that problem if we don’t know what the problem is, if we can’t see what the discrepancy is. It’s hard to advocate for equal pay if we don’t know what we’re advocating for.”
Mand says she hopes to expand the database, which currently has about 71 entries for San Diego employers, and launch it nationwide through partnerships with and promotion by the American Bar Association and Federal Bar Association.
Ijadi-Maghsoodi says there is an urgent need to identify, analyze, and remedy gender- and race-based pay disparities, many of which were exacerbated during the pandemic. And she says California’s new laws are a good start.
“Pay transparency combined with data reporting is vital in the fight for gender justice,” Ijadi-Maghsoodi says. “We know what gets measured, gets tracked. The more granular the data the better. Knowing what gender-, race-, and ethnicity-based disparities exist not only in the organization as a whole, but particularly in the higher-paying positions within the organization, is a step in the right direction.”
This year’s Equal Pay Day — the date symbolizing how far into the year women must work to earn what men earned in the previous year — is March 14, 2023.
Equal Pay Day was created by the National Committee on Pay Equity (NCPE) in 1996 as a public awareness event to illustrate the gap between men’s and women’s median wages.
American women earned 82 cents for every dollar a man made in 2021, according to a December 2022 U.S. Government Accountability Office (GAO) report based on the U.S. Census Bureau’s published American Community Survey data on full-time workers. That figure is based on uncontrolled — or “raw” — data, which disregards things like job type and worker seniority. The 2022 World Economic Forum’s Global Gender Gap Report shows the gender pay gap for American women as even larger — with women earning only 77 cents on the dollar compared to men.
The pay gap was greater for women in most racial and ethnic groups compared to white men, according to the GAO report. For example, for every dollar earned by white men, Latinas and Native American women earned an estimated 58 cents, and Black women earned an estimated 63 cents, while white women earned an estimated 79 cents. Asian American women showed the smallest pay gap, earning 97 cents on the dollar compared to white men.
Asian American Women $0.97
White Women $0.79
Native Hawaiian/Pacific Islander $0.66
Black Women $0.63
Hispanic/Latina Women $0.58
Native American Women $0.58
Source: Published American Community Service Data, U.S. Census Bureau, GAO-23-1060411
That translates into different Equal Pay Days for different groups of women.
All Women
AAPI Women
LGBTQ+ Women
Black Women
Native American Women
Latina Women
March 14
May 3
June 15
September 21
November 30
December 8
Source: American Association of University Women Equal Pay Day Calendar2
The GAO report also considered pay gaps among men and women in different job sectors, as well as in management positions. Full-time female managers earned an estimated 77 cents for every dollar earned by full-time male managers, for example.
Among public and private job sectors, the widest pay gap was for women who were self-employed in their own unincorporated business, earning an estimated 69 cents for every dollar earned by men. The smallest pay gap was for women working for the federal government or private nonprofit organizations, where they earned 85 cents on the dollar compared to men. Women also were found to have the greatest representation in the private nonprofit sector, making up 63.1% of that workforce.
Source: Published American Community Service Data, U.S. Census Bureau, GAO-23-1060413
The GAO report examined the representation of women, and the difference in pay between women and men, in the overall workforce; and how pay differences between women and men in the overall workforce vary based on race and ethnicity and education level. The GAO reviewed published summary-level data from the Census Bureau from 2018, 2019, and 2021. GAO did not review data from 2020 because the Census Bureau determined that the data did not meet statistical quality standards due to data collection disruptions early in the COVID-19 pandemic.
The GAO plans to issue a more detailed report in spring 2023.
1. https://www.gao.gov/products/gao-23-106041#:~:text=For%20example%2C%20in%202021%3A,18%20cents%20on%20the%20dollar)
2. https://www.aauw.org/resources/article/equal-pay-day-calendar
3. https://www.gao.gov/products/gao-23-106041#:~:text=For%20example%2C%20in%202021%3A,18%20cents%20on%20the%20dollar
Some 43 years ago, my family packed their belongings and within a few days moved us halfway across the world. I remember my last night in Iran vividly. All my aunts, uncles, and cousins gathered for one last family gathering before we left. As children, my brother and I had no idea where we were going but hoped that we would return home in a few months.
As we left, my family joined the millions of Iranians living in the diaspora created by a revolution. The Iranian Revolution of 1979 was a major political upheaval that resulted in the establishment of the Islamic Republic in Iran and the overthrow of the monarchy. This revolution led to significant changes in Iranian society, politics, and culture. As a result, many Iranians felt that they could no longer live in the country comfortably or safely. Now, in 2023, our family has established meaningful roots in the U.S. as proud American citizens. Even with the wonderful life this country has provided, my parents held out the hope that one day they would return to a free Iran. As time passed, it became clear that returning to Iran was not an option for my family.
Over the next four decades, the Islamic Republic became more authoritative, restricting already limited freedoms.
It was evident that any threat to the repressive regime would be quickly quashed and protesters detained or worse, executed. In 2009, we were hopeful that The Green Movement (a series of protests in Iran), would bring change. Although the demonstrations were largely peaceful, protesters were met with violent crackdowns by the government. Neda Agha-Soltan became a symbol of the revolution after she was shot and killed during a protest. Her death was captured on video and spread quickly online, galvanizing support for the protesters, who were quickly silenced by the government.
Since then, many smaller demonstrations sparked around the country seeking political rights and government accountability. It wasn’t until the tragic death of Mahsa Jina Amini in September of 2022 that mass protests began in Tehran — and continue today — in cities around Iran. Amini, a 22-year-old Kurdish-Iranian girl visiting Tehran, was detained by the “morality police” for not wearing the mandatory headscarf, or hijab, “properly.” While in custody, she was beaten and later died from the injuries. The Iranian regime tried to cover up the death and claim the cause was poor health, but the reporters, who have now been jailed themselves, reported the real cause and released the photos to the public.
Today, “Woman, Life, Freedom” is the slogan of dissent against the Islamic Republic of Iran — the government that has systematically stripped women of their rights during its four decades of reign. These mass protests have never been about just wearing a hijab, but rather women having the freedom to wear what they want and say what they want without fear of being detained, beaten, jailed, or killed. It is about fundamental human rights.
Since September 2022, the Islamic Republic has killed hundreds of protesters, including dozens of children. There are also reports of hundreds of girls being poisoned by toxic gas in what many believe is a deliberate attempt to force the girls to stay home and stop protesting against the regime. The protesters are unarmed and defenseless, with the majority being teenagers and young adults. Once detained, there is no legal defense or due process. Their crime is voicing criticism of the regime’s injustices, which has been deemed punishable by death. The fast-track trials and harsh sentences of protesters are meant to serve as a deterrent to others. The defendants often give confessions that have been obtained under torture and have no true legal validity. Further, the trials cannot be observed by journalists or members of the defendant’s family. Most families of the accused are never even notified. The only account of what happens behind closed proceedings is the edited footage provided by the judiciary. Although defendants are entitled to legal representation in Iran, those facing charges of crimes against the government are often not allowed to choose their own lawyers. Instead, the court appoints one from a list of defense attorneys approved by the court.
The protests that continue today are distinct from the previous protests in several ways. One notable difference is the extent to which the protests have spread to multiple cities across Iran and involve a diverse cross section of society. The 2022 revolution is characterized by a decentralized, leaderless nature with women being at the forefront of the protests, leading marches and speaking out against the government’s policies.
The women-led revolution has garnered strong support outside of Iran. Many Iranians in the diaspora have deep connections to their home country and feel solidarity with those protesting in Iran. Iranian American women especially feel a sense of pride in their Iranian sisters who have started Iran’s first women-led uprising. Since the mainstream Western media has dramatically reduced news coverage of the events in Iran, and the
Iranian government continues to restrict or block access to the internet, supporters have relied heavily on social media and other online platforms to share information and raise awareness about the protests and the Iranian regime’s atrocities.
It has become clear that public pressure works. As an example, the U.N. Human Rights Council has voted to set up a fact-finding mission to investigate and hold the Islamic Republic of Iran (IRI) accountable for its crackdown on protesters. This was a result of a collective effort of millions of signatures of supporters outside of Iran. The U.N. Human Rights Council also held a special session on the human rights abuses of the IRI. On December 14, 2022, member states voted to expel Iran from membership in the Commission on the Status of Women (CSW). This was an enormous defeat for the regime and a huge win for the people of Iran.
So, to all my non-Iranian friends who have taken a stand supporting other communities and calling out cruelties happening in the world, I ask that you now take a stand against what is taking place in Iran. Your voice matters. Share on your social media and spread awareness about what is happening in Iran. I was unable to stay and protest in 1979, but today, right now, I can raise awareness as the outside voice of those protesters fighting for their basic human rights. This revolution will bring change, but only if we stand in solidarity with the people of Iran and continue to be their voice.
#Mahsaamini; #WomanLifeFreedom;
Call your representatives and tell them to adopt the MAHSA Act, a bill intended to sanction Iran’s leaders and regime officials for human rights crimes:
https://www.congress.gov/bill/117th-congress/housebill/9203/text/ih?overview=closed&format=txt
To learn what is unfolding in Iran, follow @iraniandiasporacollective and @thepersianmag, and visit:
www.voanews.com/Iran and https://unwatch.org/focuson-iran.
You are a baseball manager. Your player is called out at first base and returns to the dugout swearing that they touched the base at the same time the ball landed in the first baseman’s glove. The fans are screaming that the tie goes to the runner and demanding you go out and discuss the call. What do you say to the umpire?
Successful litigators can see the forest through the trees. Just as a ballgame has many plays, a case has many battles, but the real goal is to win the war. An argument focusing on one battle may ultimately harm your case, affect your credibility, or sour a judge or jury. There are times that clients want their attorneys to advance an argument out of emotion or because they are convinced that one fact will allow them to win the entire case. It is up to a good attorney to see the big picture, control emotions, and present an argument that gives the client the best chance to win the case, even at the sacrifice of a battle.
Baseball offers wisdom in how to approach arguments. Analogizing law with baseball may also help an attorney connect with a client blissfully ignorant of concepts such as “standard of review,” but who may understand that you cannot argue balls and strikes.
Even with the crowd shrieking that the tie goes to the runner and the player swearing it was a tie, a manager (just like an attorney) must consider numerous factors when considering what to discuss with an umpire. For example, what rules apply (jurisdiction), who to talk to (venue), what the actual rule says (statutes), and the
By Michael G. Olinik
protest rules (appeals) would all affect a manager’s presentation to the umpire. A good argument considers all of these factors.
Just like law, baseball starts with venue and jurisdiction. Little League, travel ball, high school, NCAA, and MLB all have different rules, and the MLB even had different designated hitter rules — “local rules” — until 2022. A litigator must be familiar with what set of rules apply and the procedures to follow or else the argument may be lost before it even begins.
Once the correct jurisdiction is established, knowing the rules comes next. The “tie goes to the runner” is not in any official rule book. Under MLB rules, the rule for a player running to first base states: “After a third strike or after he hits a fair ball, he or first base is tagged before he touches first base.” [MLB Rule 5.09(b)(10).] A runner advancing to a base on a force play is also covered:
“He or the next base is tagged before he touches the next base, after he has been forced to advance by reason of the batter becoming a runner.” [MLB Rule 5.09(b)(6).] These two rules leave doubt about what happens in cases of a tie. Many umpires view these rules as requiring the runner to beat the tag on the runner or the base. After all, a runner must only reach the base. But the fielding team may have to field the ball, throw the ball, catch the ball, and tag the runner or base. A tie, therefore, is an out, because the runner did not beat the ball to the bag. Umpires may debate the interpretation of these rules for ages, but the argument that the “tie goes to the runner” is dangerous despite its popularity because an umpire can simply turn that around and say, “That’s an admission the runner is out.”
Knowing the rule is only the beginning; a lawyer also needs to know how appellate review will affect the ruling. In baseball, rule interpretations can be the subject of a protest, but the judgment call of an umpire cannot. A clever umpire, just like a judge wishing to avoid an appeal, will avoid making a call that could be protested. Accordingly, an umpire should never admit to a tie; either the ball beat the runner or the runner beat the ball. Just like findings of fact on the typical appeal, the umpire’s judgment, whether correct or incorrect, will be accepted as true in a protest. Given the standard of review on protests, a manager should know that arguing the “tie goes to the runner” is futile, because the umpire will not find a tie despite the thousands of legal commentators and witnesses in the stands arguing the contrary.
Merely parroting the players and the crowd, like a lawyer parroting a client, therefore risks losing credibility with the umpires, as umpires know the futility of arguing the tie goes to the runner. The manager, though, is not without recourse. Knowing what other procedures are available is vital to being a good advocate. A manager can ask the umpires to come together and see if another umpire saw
something differently or request a replay, akin to JNOV or motions for reconsideration. Some of these requests may be denied as they are discretionary, but there are some arguments managers and lawyers alike know they will likely lose. Making a point for the next battle, though, is what helps you win the game. Respectfully requesting an umpire to check for a fielder’s foot coming off a base, or asking the umpire to check for a runner’s interference, may secure a manager the next call. Destroying your reputation or being ejected from the game over a call that ultimately does not affect the outcome of the game is not good advocacy.
In law, as in baseball, sometimes you face bad calls. It is important, though, not to let that bad call distract you from the real goal of winning the game. A good manager and a good attorney know that there is more to an argument than just the one issue. Preparation is the key because the tie does not always go to the runner.
Michael G.
“Y’all, y’alllll … y’awwwwll,” Emily D. Baker — an exasperated, purple-haired, former Los Angeles County District Attorney — yells from her Tennessean home while livestreaming the Depp v. Heard defamation trial to an audience of more than 350,000 live, concurrent viewers.
Welcome to LawTube — a subculture of attorney content creators (law YouTubers) who livestream and commentate on highprofile cases in real time. Many have become household names with hundreds of thousands of subscribers. Baker alone has amassed more than 600,000 YouTube subscribers.
LawTube creators use their charisma, relatability, humor, and irreverence to build massive audiences and followings. Audience members can interact in real time with both the creator and other audience members by writing messages in the group chat. Audience members can also attach a monetary donation (up to $500) to their message (“super chats”), which often prompts the creator to prioritize reading their comment or answering their question. In the Depp v. Heard trial alone, LawTube creators collected more than $500,000 in super chats. With super chats, ad revenue, and merchandise profits, LawTube creators are making multiples of what they did in the traditional legal setting.
Audiences crave the community, depth, and diversity of LawTube.
Community — Being in the chat feels like being at the game; only instead of being at a baseball game, you’re at a trial. Instead of leaning over and saying to the guy next to you, “I can’t believe they’re putting him in,” you’re typing in the chat, “I can’t believe they’re putting him on the stand.” You’re discussing the brand of coffee, scotch, or whiskey you’re drinking and debating which is best. This offers a sense of community that audiences crave in this digital world. These communities also have endearing names and sayings. Baker’s community call themselves the “LawNerds,” and their pets the “PawNerds.”
Depth — LawTube is about the deep dive. Creators were shocked at the number of people worldwide who tuned in to listen to even the most mundane evidentiary hearings, trial days, and even line-by-line readings of legal briefs. Many creators added weekly (or nightly) shows in addition to their trial streams, which allowed them to dig deeper into the pleadings, motions, and legal strategy. Baker’s weekly show, “Coffee and Cursey Words,” often has her reading line-by-line through filings in pop culture cases de jour.
Diverse Content — LawTube offers almost any flavor of commentary one could imagine. Baker focuses on pop culture cases, explaining “the legal shit behind the stories we all want to talk about” and focusing on “Facts, Not F*ckery.” Nick Rekieta, the so-called “Pope of LawTube,” focuses on constitutional rights while streaming from his home in Minnesota and drinking copious amounts of scotch. Baker demands inclusion and respect in her chat, while Rekieta and his chat are known for a much more crass, crude approach that pushes the bounds of the YouTube Community Guidelines, First Amendment rights, and legal ethics at every turn. Audiences can choose the content and community of their choice, and choice is a good thing.
Diverse Creators — LawTube opens the door to diversity. Before LawTube (and 2020), the public would not have looked to a purple-haired, whiskey-drinking attorney for the latest legal happenings. Now, Baker is the most followed LawTube creator, has a highly ranked entertainment podcast, and, ironically, is sometimes featured on mainstream media. Gone are the days of stiff-suited attorneys giving bland, 30-second trial summaries on mainstream television. But Baker isn’t just a spunky, purple-haired attorney. She identifies as neurodivergent and openly discusses the impact of ADHD, time blindness, and dyslexia on her legal career (and personal life). She bridges the gap for so many audience members who deeply resonate with her neurodivergence. Perhaps most importantly, she encourages audience members to push forward with their goals, whether it be in law or otherwise, despite being neurodivergent, and to spread inclusivity for neurodivergent people at every turn. LawTube opened this desperately needed door to diverse representation.
But with the benefits come the challenges. Perhaps most interestingly, ethical challenges.
Commentary vs. Advice — When a $500 super chat appears with a fact-based legal question, can the creator’s answer be construed as legal advice? Most creators repeatedly reiterate that they aren’t offering legal advice and will only answer questions in a general nature. But is that enough?
Ethical Complaints — Can the state bar hold these creators accountable for their legal commentary, even
though they aren’t practicing law? Several ethical complaints have been filed in Minnesota against Rekieta but, as he summarized, the state bar has not investigated them because he was not practicing law at the time of his commentary. Can this line be blurred?
Community Guidelines — YouTube enforces Community Guidelines that demonetize or deprioritize certain content, such as content mentioning certain words or promoting harassment, violence, and the like. This prevents the creator from receiving ad revenue for the stream, although they can still receive super chats. For example, Baker had several of her Depp trial streams demonetized due to discussions of sexual assault in that case. This raises an interesting conundrum for legal creators, who often stream trials involving similar allegations of assault or violence. As another example, YouTube previously deleted (but has now reinstated) Rekieta’s entire channel for alleged failure to comply with Community Guidelines.
Copyright — The creators argue that their commentary over the livestreams constitutes fair use. But when LawTube began in 2020, creators faced a flurry of copyright claims from trial streaming networks attempting to “strike” their videos or otherwise get them demonetized (unable to earn advertising income) due to a copyright claim. So far, the fair use argument has prevailed. Other copyright instances have arisen. For example, one network struck one of Baker’s livestreams of the Depp trial because a video they owned played as a trial exhibit that day. These raise interesting issues of fair use and copyright.
Defamation Suits — Of course, commentators can be held civilly liable for any defamatory comments. Questions arise as to whether these commentators would be considered media defendants for purposes of a defamation suit. Rekieta recently had a defamation action filed against him. Thus far, he said that he only made true comments and, to the extent they weren’t true, they were in jest. It will be interesting to see how the legal system treats this action.
Andrea Warren (awarren@sheppardmullin.com)
Special Counsel
SAVE
DATE:
MAY 24, 2023
Join us in paying tribute to the deceased lawyers and judges of the San Diego County Bar who have demonstrated exceptional legal skills and commitment to the community throughout their careers. Honor their legacy at the 2023 Distinguished Lawyer Memorial Reception on May 24, 2023, held at the San Diego County Bar Association Conference Center The reception is open to the public.
The honorees will forever be remembered with a permanent plaque in the Hall of Justice Courthouse.
The San Diego County Bar Foundation is dedicated to providing access to justice through legal services and increasing public understanding of the law in underserved communities. We encourage those who have been positively impacted by a past or present inductee to make a donation to the Foundation in their honor
Please visit sdcbf.org/donatedlm to show your support.
By Vaani Chawla
In April 2021, President Joe Biden announced the U.S. withdrawal of military forces from Afghanistan. Just weeks before the September withdrawal deadline, the Taliban captured the capital city of Kabul. Chaos ensued, and the 20-year effort to build democracy began to crumble. Among 85,000 refugees1 who fled Afghanistan for the United States, many were lawyers and judges who worked tirelessly to sustain the rule of law and support democracy in their homeland.
Upon arrival in the U.S., in addition to coping with the struggles of resettlement, these professionals faced obstacles in finding work in their chosen field. The South Asian Bar Association of San Diego (SABA-SD) recognized this issue and developed its Afghan Outreach Project. Spearheaded by SABA-SD’s 2022 president Mytili Bala, the project was launched to support the organization’s commitment to supporting South Asian legal professionals.
The Afghan Outreach Project was inspired by an article Bala read in Duke University’s Judicature. The article described how the rule of law had broken down in Afghanistan and the International Association of Women Judges’ (IAWJ) efforts to evacuate Afghan women judges. On a practical level, Bala noted, the article also provided an outline of concrete steps SABA-SD could take as a bar association to assist Afghan lawyers and judges who were already here.
SABA-SD’s Afghan Outreach Project used a two-pronged approach, helping Afghan legal professionals find a job and learn about the American legal system. The organization started by assessing each Afghan professional’s language abilities and unique skill sets. The lawyers and judges had varying levels of English proficiency and different areas of expertise ranging from extensive knowledge of Sharia law to careers built in the Afghan civil and appellate courts. SABA-SD leaders arranged English tutoring sessions for those needing it and helped tailor resumes and cover letters for the U.S. job market. SABA-SD members led job search efforts and gathered references. The organization arranged mock interviews to prepare Afghan candidates for American-style job interviews. The SABA-SD team wrote letters of support, sharing each person’s story and describing their work experience in Afghanistan. The letters of support, Bala says, provided insight to employers about “the human behind the resume.”
Some law firms were initially hesitant, but SABA-SD leaders encouraged firms to consider offering the candidates interviews as an opportunity for Afghan professionals to practice for future job prospects. Upon meeting the Afghan lawyers, employers recognized the complex work these professionals had done in their home country.
With the help of San Diego Superior Court Staff Attorney Lauren Woon, the SABA-SD group also organized classes to educate the Afghans about the American system of justice. Justice William Dato of the California Court of Appeals and Deputy Attorney General Anne Kammer held introductory seminars on our state and federal court systems, the role of American judges, and litigation practice in federal courts. Ninth Circuit Law Clerk Maximilian Crema, who previously worked with refugee resettlement organizations, developed lesson plans covering pleadings, discovery, civil procedure, and jurisdictional issues. More recently, San Diego Superior Court Judge Katherine Bacal taught a lesson about California civil jury and bench trials.
Bala describes SABA-SD’s efforts as “entirely voluntary and a labor of love.” In just one year, SABA-SD found jobs for seven Afghan lawyers as legal assistants and case managers at government offices, law firms, and resettlement organizations. During that year, these professionals have welcomed new babies, celebrated their first Fourth of July and Thanksgiving, and found footing in their new homes.
Bala shares that SABA-SD would like to see more employers interview Afghan legal professionals and extend opportunities for them to restart their careers in the U.S.
To learn more about SABA-SD’s Afghan Outreach Project, and to volunteer with this effort, please contact sabasd. afghanoutreach@gmail.com
1. U.S. Dep’t of Homeland Sec., Department of Homeland Security Operation Allies Welcome Afghan Parolee and Benefits Report (November 2022).
By Gregory E. Knoll
The mission of the Legal Aid Society of San Diego (LASSD) is to improve lives by advancing justice through effective, efficient, and vigorous legal advocacy, outreach, and education.
Established in 1919 as the “Office of the Public Attorney,” the LASSD was incorporated under its current name in 1953. For 100 years, the LASSD has provided free legal services to indigent people throughout the county. The largest poverty law firm in the county, LASSD specializes in housing issues, consumer protection/foreclosure prevention, access to health care, income maintenance, nutritional security, disability benefits, immigration, family law, taxes, special education law, and other public benefits.
On November 19, 2022, the Legal Aid Society of San Diego held its Anniversary Gala at the U.S. Grant Hotel with 330 guests, raising over $300,000 to support its programs. In 2022, more than 118,725 calls were received at its San Diego offices from indigent and low-income San Diegans in need of legal assistance who could not afford to hire an attorney.
The legal community contributed greatly. Local attorneys Bill and Dorian Sailer served as Honorary Gala Chairs. George Brewster consulted on 1920s legal history. Wilson Schooley entertained guests with a monologue as San Diego’s first Public Attorney, P.A. Whitacre, who thanked the audience for all they had accomplished in the last century. LASSD Board President Mark Rackers and CEO Greg Knoll presented the Sailers with the inaugural “Justice Through Philanthropy” award.
Special guests included Mayor Todd Gloria, County Supervisor Chairwoman Nora Vargas, San Diego City Council Members Monica Montgomery Steppe and Marni Von Wilpert (a former LASSD volunteer in a courthouse restraining order clinic). Another special guest who was a hit with the audience was Diego, a former LASSD client who was successfully helped in his and his mom’s quest to access resources through his Individual Education Plan (IEP).
Gregory E. Knoll (gek@cchea.org) is the CEO and Chief Counsel of Legal Aid Society of San Diego.
He was in the room where it happened. Or, rather, the bus.
As told by Judge J. Clifford Wallace, Senior Judge and Chief Judge Emeritus, U.S. Court of Appeals for the Ninth Circuit, he was in London for the 1977 Anglo-American Legal Exchange and had observed the English Inns of Court in practice. Those Inns were not lecture-based programs but more a collegial approach with senior members instructing a new generation of barristers on the decorum, civility, and professionalism standards necessary for a properly functioning bar. Wallace thought such a program could benefit the trial courts in the United States.
One morning during the conference, Wallace found then Chief Justice Warren Burger sitting on a bus waiting for the remaining members of their team. (As Wallace noted in a recent interview for this column, it was unusual to have the Chief Justice of the United States Supreme Court left waiting for others to arrive.) Burger had been quite vocal at the time about what he thought was a deteriorating trial practice in the United States; the idea of adopting the core ideas of the English Inns of Court resonated with Burger and he asked Wallace to pursue the possibility.
In a 2007 article for the Berkeley Journal of International Law (Vol. 25:2 1977, “Birth of the American Inns of Court”), Wallace notes that others who were not present on the bus when it happened claim it was Burger who raised the idea, not Wallace. Wallace, 93 as of this writing, distinctly remembers his 1977 discussion telling Burger “ideas of how to advance
litigators so they could be more effective … I told him we ought to use the model of the English Inns of Court and Americanize them.” The main thrust of his pitch to Burger was to coordinate smaller groups with “interaction between judges and senior members and young members. Something more than just a presentation of a good idea.” Wallace believed that young lawyers would benefit more from this interaction than by attending a lecture series.
A pilot program occurred between 1977 and 1979, during which Wallace reported back to Burger. As Wallace discusses in the 2007 Berkeley Journal article: “I talked with and wrote letters to many friends, acquaintances, and others in the law field to present the new concept to them. I was surprised at the volume of negative responses.” By August of 1977, Wallace wrote “Inns of Court — A Proposal” and asserted that the Inns would address the “inadequate performance of many lawyers in court,” which included lack of experience, the inability to communicate persuasively, negative personal habits, and lack of industry and dedication, generally. Wallace sent his proposal to Burger on September 9, 1977, and urged that two or three pilot programs be established, shifting away from a continuing education approach to a collegial concept.
While traveling in Utah, Burger extended to members of Brigham Young University’s J. Reuben Clark School of Law an invitation to implement the first Inns of Court as a pilot program. Wallace worked with the University (along with Judge A. Sherman Christensen) on the pilot program details, and by 1982 he and Christensen felt it was successful enough to “go national.”
Fittingly, perhaps, Burger and the U.S. Judicial Conference established an Ad Hoc Committee on the American Inns of Court on September 17, 1983. In 1787, delegates to the Constitutional Convention signed the document in Philadelphia on September 17. Today, we celebrate that date as Constitution Day. As to the Ad Hoc Committee, Christensen was appointed chair; other members of the committee included Wallace and Judge William B. Enright of the U.S. District Court, Southern District of California. Wallace is quoted in the minutes of that day as saying: “Today launches a unique attack against the inadequacies of trial lawyers.”
The first two Inns were established in Utah, and the program continued to grow quickly. In San Diego, the first American Inns of Court — the ninth to be established nationally — was born during a lunch meeting in December 1983. According to a paper written by Robert G. Steiner (SDCBA President 1972),
Christensen, Enright, District Court Judge Howard Turrentine, Gary Bailey, Craig Higgs, and Steiner met at the Cuyamaca Club to lay the foundation for the new Inn. They did not want to duplicate the San Diego Inn of Court established in 1974 by the SDCBA under the guidance of Superior Court Judge Lou Welsh (see San Diego Lawyer July/August 2022), which provided detailed hands-on training for new lawyers, but instead decided to focus on lawyers who had trial experience.
NEXT ISSUE: Once the groundwork was laid for a San Diego Chapter of the AIOC, the program and its approach proved popular. A look at the numerous Chapters that have since sprung up.
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
The process of jury selection is as mysterious as the creation of the universe. There are an unlimited number of things that can go wrong. Sometimes, attorneys come across a member of the panel who will say anything to get excused. What do you do when that potential juror says the most uncomfortable statement you have ever heard in an open court?
The most important thing is to not lose your composure. One thing is clear: there could be around 200 pairs of eyes watching an attorney for hours. Potential jurors look up to attorneys and expect them to hold themselves to a high standard of conduct. If, during a challenge, an attorney loses their cool, they might lose the jurors’ trust.
I remember selecting a jury for my first trial. Everything was going fine, but there was one potential juror who kept coming up with every excuse in the book to be excused. Finally, when all else failed, he responded to the question of how he felt about law enforcement by
screaming out, “I hate cops! They are racists and allowed to kill innocent people!” It got very quiet in the room, and I could feel 120 pairs of eyes laser focused on me.
I thanked the juror for his honesty and moved on. Inside, part of me wanted to engage with the juror and explain to him how wrong he was, and part of me was panicking and thinking that all of my jurors would now think this way and would not believe a single word coming out of the mouths of testifying officers. After the trial, when I spoke to the jurors, one of them mentioned that he appreciated seeing me keeping my composure during jury selection. No matter what a potential juror says, stay calm, cool, and collected.
Eric Alizade (eric.alizade@gmail.com)is a Deputy District Attorney in Imperial County. He was born and raised in Azerbaijan. He and his parents moved to the United States in 2010, and he has been a resident of San Diego County since 2010.
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 2023. Your commitment to the San Diego legal community is greatly appreciated.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Ames Karanjia LLP
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Appellate Defenders, Inc.
Astuno Sabel Law PC
Atkinson, Andelson, Loya, Ruud & Romo
Beamer, Lauth, Steinley & Bond, LLP
Bender Kurlander Hernandez & Campbell, APC
Best Best & Krieger LLP
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Blackmar, Principe & Schmelter APC
Blanchard Krasner & French
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California Western School of Law
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Dietz, Gilmor & Chazen, APC
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Koeller Nebeker Carlson & Haluck LLP
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Law Offices of Beatrice L. Snider, APC
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Lincoln Gustafson & Cercos LLP
McCloskey Waring Waisman & Drury LLP
McDougal, Love, Eckis, Boehmer, Foley, Lyon & Mitchell
Miller, Monson, Peshel, Polacek & Hoshaw
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Moore, Schulman & Moore, APC
Musick, Peeler & Garrett LLP
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Noonan Lance Boyer & Banach LLP
Office of the Carlsbad City Attorney
Office of the Public Defender
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Paul Plevin Quarles
Pettit Kohn Ingrassia Lutz & Dolin PC
Pillsbury Winthrop Shaw Pittman LLP
Preovolos Lewin, ALC
Procopio, Cory, Hargreaves & Savitch LLP
Rowe | Mullen LLP
San Diego County Counsel
San Diego Unified Port District
Schaffer Family Law Group
Schor Vogelzang & Chung LLP
Schulz Brick & Rogaski
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Seltzer|Caplan|McMahon|Vitek ALC
Sheppard, Mullin, Richter & Hampton LLP
Shustak Reynolds & Partners, PC
Siegel, Moreno & Settler, APC
Solomon Minton Cardinal Doyle & Smith LLP
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Stokes Wagner, ALC
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Sullivan, McGibbons, Crickard & Associates, LLP
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Tresp, Day & Associates, Inc.
Walsh McKean Furcolo LLP
Webb Law Group, APC
Wilson Turner Kosmo LLP
Winet Patrick Gayer Creighton & Hanes ALC
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Wirtz Law APC
Witham Mahoney & Abbott, LLP
Withers Bergman LLP
Wright, L'Estrange & Ergastolo
What are your main responsibilities at the Bar?
I am the Director of Public Services. I oversee the following programs: Lawyer Referral and Information Service (LRIS), Fee Arbitration, Servicemember Civil Relief Act Pro Bono Guardian Ad Litem, Modest Means, Wills for Heroes, and Law Week contests.
How long have you been working at the Bar? This will be my 17th year at the SDCBA.
What is your favorite part of your job?
Working with my team. I work with a great group of individuals who are dedicated to their jobs and see how important it is to help people.
What is your favorite movie and why?
My favorite movies are “Muriel’s Wedding” and “Secrets & Lies.” I like to see the underdog finding their voice and succeeding.
What's your favorite quote?
“There are only two days in the year that nothing can be done. One is called Yesterday and the other is called Tomorrow. Today is the right day to Love, Believe, Do, and mostly Live.” — Dalai Lama XIV
What do you love about San Diego?
I am a native San Diegan and love the beauty of the city. I feel like I grew up in the best city in the United States.
The Professional Responsibility Practice Group focuses on ethics, litigation and regulatory issues that impact lawyers and law firms, in addition to public entities, inhouse departments, as well as judges and law students.
Amber and David can help lawyers and law firms navigate the ethics rules and develop strategies to avoid and manage sticky situations. And they defend lawyers when they need it most.
Areas of practice: Securities Law; Whistleblower
What initially inspired you to practice law?
I have an undergraduate and master's degree in accounting and previously worked as an auditor. Over time, I became more interested in understanding how the law and financial reporting intertwined, and how I could help clients from a legal perspective.
Proudest career moment:
Helping secure a settlement on behalf of a whistleblower who revealed ongoing health care fraud at a large multistate behavioral hospital.
What fills your time outside of work?
When I'm not working, I spend most of my time with my family. I’m a mother of twin toddlers, and they like to keep me busy. We live in a beautiful city, so I try to take
advantage of our perfect weather by golfing and hiking when I can.
“If I weren’t an attorney, I’d be ...”
An entrepreneur. Although there are risks involved, I enjoy thinking of ways to create a product or service.
What is your favorite movie, book, or TV show? Why?
“Educated” by Tara Westover. It’s an exceptionally inspiring memoir of how the author managed to navigate and overcome an incredible amount of adversity.
What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices?
Simultaneously providing a proposed solution when addressing a problem. It helps facilitate the discussion and is typically a more efficient approach than just raising an issue. Depending on time constraints, I would advise others to assess what the potential concern is, and use available resources to determine a solution. This might be in the form of utilizing various research databases, legal platforms, or asking a colleague or mentor for guidance.
What would you most like to be known for?
My integrity and professionalism.
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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
After a protracted battle with cancer, former Deputy District Attorney Robert “Rob” Knox III passed away while at home with family and friends by his side. He will be greatly missed.
San Diego Superior Court Judge James E. Simmons Jr. has been confirmed to serve as a U.S. district judge for the Southern District of California.
SDCBA member Michael Burke passed away this February. Michael was well-known in the legal community and a tremendous asset on the Different Abilities Subcommittee. His work will help countless individuals that are differently abled when they ride the trolley and fly on airlines.
Ihighly recommend that all attorneys become involved with the SDCBA’s Lawyer Referral and Information Service (LRIS). It is simple to sign up, you will receive a good return on your annual dues investment, and you will receive the emotional reward of helping the public.
We are a small firm of Trust and Estate specialists. Each attorney is on the LRIS panel. LRIS emails you every time they make a referral. They have a very good intake process, and the email summarizes the legal issues. You can contact the referred client directly if the matter is of interest to you. Of course, the client may contact you directly.
Some matters can be resolved simply by talking with the client and pointing them in the right direction. Other cases may definitely need your services and are very good referrals.
It’s a good feeling to make yourself accessible to the public. We each need to remember that we have a special education and this is an opportunity to serve our community.
Thank you to all the table hosts, section and committee chairs, and members who showed up for our annual reception to welcome law students and newly-admitteds!
All information shown is as of March 2023, and subject to change without notice.
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Outsource legal work to freelance lawyers. Increase profitability, efficiency, and flexibility!
LEGAL DOCUMENT AUTOMATION SOFTWARE
10% off the 1st-year subscription for new users.
SAVE 25% ON DIGITAL MARKETING PACKAGES
Get an expert tailored approach to marketing, including custom-built websites, social media, paid digital marketing strategies, and more.
SAVE 10% ON PRACTICE MANAGEMENT
Clio’s legal practice management and client intake software simplifies running your law firm.
SAVE UP TO 25% ON CAR RENTALS
SAVE UP TO 40% ON SHIPPING
10% LIFETIME DISCOUNT
With Faster Law’s products your law firm work faster and more efficiently.
FIRST THREE MONTHS FREE
Sign up today and save a bundle on the go-to payment solution for your law practice.
SAVE 7%, PLUS NO SETUP FEE
Cultivate great relationships with Ruby’s live virtual receptionist service. Ruby will answer, transfer, take messages, and delight every caller for you!
TRUST ACCOUNT MANAGEMENT SOFTWARE DISCOUNTS
TrustBooks software for small law firms helps you easily manage your trust account. First 3 months free on “DIY” plan, $15 off per month on “TEAM” plan.
