San Diego Lawyer September/October 2023 by San Diego County Bar Association

® SEP/OCT 2023

2023 DIVERSITY FELLOWSHIP PROGRAM

FEATURING: The Mentor-Mentee Relationship Maneuvering The Work-Life Balance A Half Century with Greg Knoll

2024 BOARD OF DIRECTORS ELECTION AT LARGE CANDIDATES

Stephen

Nicole

Sarah

BLEA

D’AMBROGI

GARRICK

Sara F.

Flavio

Stephanie

KHOSROABADI

NOMINATI

Shawn

HUSTON

PENGILLEY

NORTH COUNTY CANDIDATE

Election Open October 11 through November 13, 2023 For candidate bios and election information, visit D. Elisabeth

SILVA

SDCBA.ORG/BOARDELECTION

For over 75 years, CaseyGerry has set the gold standard for personal injury litigation in San Diego. And an important part of that is working with other lawyers and firms who refer to us their cases and clients they hold dear. We are honored that so many lawyers have chosen to associate with us on preeminent matters, whether it is representing the families of Tony Gwynn or Junior Seau, or helping to redefine the law, such as establishing strict liability against Amazon for the first time. We are proud of the standard of excellence we have maintained and look forward to working with you on your most difficult or challenging cases in the future.

CASEY GERRY Serious Personal Injury I Wrongful Death I E-commerce Product Liability Product Liability I Traumatic Brain Injury I Aviation Litigation Automobile Accidents I Spinal Cord Injury I Complex Litigation I Class Actions

“

After his accident, I referred Peter to Casey Gerry because he needed help from real lawyers. After they battled for him, they achieved the largest settlement in San Diego history against the U.S. government in a motor vehicle accident for $10 million dollars. I am so happy for Peter that I got him over to Casey Gerry. They made all the difference.

ATTORNEY JONATHAN COLBY

“

Before referring my clients to Casey Gerry, it was important to know that they understood the value and the serious brain injury case and could handle going up against the United States of America as a defendant. They agreed with me that it could be an 8-figure case and they followed through to make that happen. I’m glad for my clients that I made the decision to refer them to Casey Gerry.”

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11 Page

14 2023

DIVERSITY FELLOWSHIP PROGRAM

Page

GUEST COLUMN: DIVERSITY ISSUES IN MEDIATION by Jonathan D. Andrews LAW SCHOOL COLUMN by Jazmin Guerrero ETHICS A Chat About CHATGPT Can AI Practice Law? by Edward McIntyre TECHNOLOGY Tech Tips and Tidbits by Bill Kammer

WHY I LAWYER by Ricardo Elorza

SDCBA MEMBER PROFILE Get to Know James Young Hurt VOICES FOR JUSTICE: CELEBRATING SAN DIEGO COUNTY'S VOLUNTEER HEROES

DISTINCTIONS AND PASSINGS Community members honored and remembered for their achievements

WHAT TO DO WHEN ... YOU WANT TO GET INVOLVED IN THE COMMUNITY by Wilson Adam Schooley

SAN DIEGO VOLUNTEER LAWYER PROGRAM CELEBRATES ITS 40TH ANNIVERSARY by Wilson Adam Schooley THE MENTOR-MENTEE RELATIONSHIP: Guidelines on How to Make the Most of It by Julie T. Houth

2023 DIVERSITY FELLOWSHIP PROGRAM by Nima Shull

2023 DFP EMPLOYER AND FELLOW TESTIMONIALS

MANEUVERING THE WORK-LIFE BALANCE by Genevieve A. Suzuki

LIMIT THESE FOUR PHRASES TO IMPROVE YOUR WRITING by Ian Pike

A HALF-CENTURY WITH GREG KNOLL by George W. Brewster Jr.

Page

SAN DIEGO LAWYER

September / October 2023

THANK YOU TO OUR PATRON & FRIEND MEMBERS The SDCBA gratefully acknowledges the generous commitment of members who support our community at the Patron and Friend membership levels. You can become a Patron or Friend member when you activate or renew your membership online, or by request at any time. For more information about upgrading, please contact mbr@sdcba.org.

Patron and Friend member lists as of October 2023

PATRON

FRIEND

MEMBERS

Marc D. Adelman

Nicholas J. Fox

Deborah A. Ortega

Alicia Aquino

James P. Frantz

Anthony J. Passante

James Gregory Boyd

Danielle Patricia Barger

Michelle Ann Gastil

Frank J. Polek

Jivaka A.R. Candappa

Hon. Victor E. Bianchini (Ret.)

Olivia J. Gilliam

Kristin Rizzo

Jedd E. Bogage

Douglas A. Glass

Ana M. Sambold

Julie Marie K. Cepeda

Tanisha Bostick

Alvin M. Gomez

Pamela J. Scholefield

James A. Bush

Nicole L. Heeder

Seana Kelly Scholtemeyer

Andy Cook

Stephen M. Hogan

Khodadad Darius Sharif

Steven T. Coopersmith

Ted Holmquist

Elisabeth Silva

Ezekiel E. Cortez

Melissa Johnson

David G. Sizemore

Tricia D'Ambrosio-

James Michael Johnson

Christopher J. Sunnen

Woodward

Stacey A. Kartchner

Genevieve A. Suzuki

Taylor Darcy

Carla B. Keehn

Cassandra C. Thorson

Blanca Quintero Hon. Stephanie Sontag

Pedro Bernal Bilse

Linda Cianciolo David B. Dugan Mark Kaufman Randall E. Kay Philip John Mauriello Anne Perry Kristi E. Pfister

Warren K. Den

Garrison "Bud" Klueck

Thomas J. Warwick

John A. Don

Hon. Lilys D. McCoy

Lenden F. Webb

William O. Dougherty

Mark M. Mercer

Jon Webster

Michael A. Van Horne

Alexander Isaac Dychter

Peter P. Meringolo

Daniel Weiner

Mark Richard VonderHaar

James J. Eischen Jr.

Jillian M. Minter

Andrew H. Wilensky

Matthew J. Faust

Virginia C. Nelson

Karen M. ZoBell

Sergio Feria

Ron H. Oberndorfer

Peter B. Tentler

Statement of Ownership 1. Publication title: San Diego Lawyer. 2. Publication number: 1096-1887. 3. Filing date: 10/1/2023. 4. Issue frequency: Bimonthly. 5. Number of issues published annually: 6. Annual subscription price: $50.00. 7. Complete mailing address of known office of publication: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, San Diego County, CA 92101. 8. Complete mailing address of headquarters or general business office of publisher: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 9. Full names and complete mailing addresses of publisher, editor and managing editor. Publisher: Bill Baldwin, 401 West A Street, Suite 1100, San Diego, CA 92101. Editor: Ron Marcus, 401 West A Street, Suite 1100, San Diego, CA 92101. Managing Editor: Ron Marcus, 401 West A Street, Suite 1100, San Diego, CA 92101. 10. Owner: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 11. Known bond holders, mortgagees and other security holders owning or holding 1 percent or more of total amount Pedro or Bernal Bilse None. 12. Tax Status: Has Not Changed of bonds, mortgages other securities: During Preceding 12 Months. 13. Publication title: San Diego Lawyer. 14. Issue date for circulation data below: 09/01/2022—08/31/2023. 15. Extent and nature of circulation: Membership/Trade Publication. a. Total no. of copies. Average no. copies each issue during preceding 12 months: 5,139. No. copies of single issue published nearest to filing date: 5,051. b. Paid circulation. (1) Mailed outside-county mail paid subscriptions stated on Form 3541. Average no. copies each issue during preceding 12 months: 158. No. copies of single issue published nearest to filing date: 150. (2) Mailed in-county paid subscriptions stated on Form 3541. Average number copies each issue during preceding 12 months: 4721. No. copies of single issue published nearest to filing date: 4,609. (3) Paid distribution outside the mails including sales through dealers and carriers, street vendors, counter sales and other paid distribution outside USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (4) Paid distribution by other mail classes through the USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. c. Total paid distribution. Average no. copies each issue during preceding 12 months: 5,139. No. copies of single

issue published nearest to filing date: 5,051. d. Free or nominal-rate distribution. (1) Outside-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (2) In-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (3) Not applicable. (4) Free or nominal-rate distribution outside the mail. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. e. Total free or nominal-rate distribution. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. f. Total distribution. Average no. copies each issue during preceding 12 months: 5,297. No. copies of single issue published nearest to filing date: 5,201. g. Copies not distributed. Average no. copies each issue during preceding 12 months: 148. No. copies of single issue published nearest to filing date: 140. h. Total. Average no. copies each issue during preceding 12 months: 5,297. No. copies of single issue published nearest to filing date: 5,201. i. Percent paid. Average no. copies each issue during preceding 12 months: 100%. No. copies of single issue published nearest to filing date: 100%. 16. Electronic copy circulation: Not applicable. a. Paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. b. Total paid print copies + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. c. Total print distribution + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. d. Percent paid. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. 17. Publication of Statement of Ownership for a general publication is required and will be printed in the 10/2023 issue of this publication. I certify that all information furnished is true and complete. Bill Baldwin, Executive Director, San Diego County Bar Association

SAN DIEGO LAWYER EDITORIAL COMMITTEE

Issue 5, September/October 2023

Issue no. 5. 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. Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright ©2023 by the San Diego County Bar Association. All rights reserved. Opinions expressed in San Diego Lawyer are those of the authors only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Committee. In addition, information presented in this magazine is for educational purposes only and should not be construed as legal advice. For your specific questions, please seek advice from counsel. Interested contributors may submit article ideas to the editors at www.sdcba.org/SDLidea for consideration. San Diego Lawyer reserves the right to edit all submissions, contributed articles and photographs at its sole discretion.

Co-Editors Genevieve A. Suzuki

Gayani R. Weerasinghe

Editorial Committee Eric Alizade George Brewster Jodi Cleesattle Sara Gold Wendy House Julie Houth Rafael Hurtado

Isaac Jackson Edward McIntyre Michael Olinik Stephanie Sandler Wilson Schooley Andrea Warren

SAN DIEGO COUNTY BAR ASSOCIATION Board of Directors President Melissa Johnson

Secretary Robert M. Shaughnessy

President-Elect Stacey A. Kartchner

Treasurer Fanny Yu

Immediate Past President David Majchrzak Directors Leslie Abrigo Michael L. Crowley Jason Evans Michelle A. Gastil Nicole Heeder Brandon Kimura

Tatiana Kline Brenda Lopez Angela Medrano Spencer Scott Cynthia L. Stratton Timothy G. Williams

Diversity, Equity, & Inclusion Division Representative L. Marcel Stewart New Lawyer Division Representative Stephanie Pengilley SDCBA Staff — San Diego Lawyer Executive Director Bill Baldwin

401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 • bar@sdcba.org • www.sdcba.org

Director of Marketing & Outreach Ron Marcus Senior Designer Attiba Royster

Content and Publications Editor Savanah Tiffany Marketing Communications Manager Nicole Behar

ADVERTISERS INDEX Association Member Benefits Advisors (AMBA) . . . . . . . . 4 Alternative Resolution Centers . . . . . . . . . . . . . . . . . . 13 ADR Services, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . 34 CaseyGerry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Clio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Frantz Law Group, APLC . . . . . . . . . . . . . . . . . . . . . . 44

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JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Judicate West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

West Coast Resolution Group (NCRC) . . . . . . . . . . . . . . 40 Wheatley Mediation Services . . . . . . . . . . . . . . . . . . . 21 SAN DIEGO LAWYER

September / October 2023

GUEST COLUMN

DIVERSITY ISSUES IN MEDIATION By Jonathan D. Andrews Thank you to SDCBA President Melissa Johnson for graciously allowing Mr. Andrews the use of this space to address this important issue.

mployment mediations frequently involve sensitive issues, including equal opportunity, inclusivity, and fairness within the workplace. Whether a party has been the victim of alleged unfair employment practices or has been accused of engaging in such practices, these can be delicate issues that are challenging for all parties in the session. Mediators, fearful of negatively impacting settlement negotiations, may find themselves loath to address them. But a willingness to discuss difficult issues can often be the difference between successful and unsuccessful mediations. One of the challenges when discussing diversity matters in employment mediations is having a clear understanding of key issues. Terms like microaggressions and neurodiversity can be abstract for some parties. A deeper dive into the specific actions or behaviors that led to the conflict might help these parties gain a better understanding of how they implicate discrimination or bias and allow them to recognize their potential impact on other parties. In all mediations — but particularly employment mediations — the process itself must be inclusive and respectful of all parties’ perspectives. Mediators should create a space where participants can freely express their feelings and concerns without fear of recrimination. Given that employment litigation often stems from the actual or perceived breakdown in the employment process, creating a transparent, fair mediation process is a critical factor in successfully resolving the matter.

SAN DIEGO LAWYER

September / October 2023

To that end, reinforcing confidentiality throughout the mediation process is also essential for building trust and allowing participants to feel more comfortable sharing their experiences and concerns without fear that those discussions may be used against them in the future. In order to best facilitate this process, a mediator's cultural competence is a key component in his or her ability to understand the nuances of diversity-related conflicts. Different cultures have unique communication styles, norms, and values, and these can impact their perception of workplace behaviors. Choosing a mediator who has a necessary level of cultural competency is critical. Cultural competency is not simply a reflection of skin color, gender, religion, or any other protected characteristic. It does not require a PhD in ethnic studies. Rather, cultural competency reflects a mediator’s overall experience and emotional intelligence. It is a reflection of a mediator’s openness to exploring and considering different viewpoints. It requires both self-awareness and a willingness on the mediator’s part to challenge his or her own subjective biases. Because employment mediations often involve a breakdown in a relationship between the parties, employment mediations can lend themselves to creative resolutions. While monetary considerations necessarily predominate, other resolution options — such as sensitivity training, policy changes, improved communication, or even rehire/relocate — can lead to positive outcomes.

An added benefit of discussing diversity-related issues at mediation is that the parties may not fully understand the implications of their actions or the broader impact of diversity-related conflicts. Mediators can play a role in facilitating discussions about relevant laws and guidelines, as well as the importance of creating an inclusive work environment. Such education can help parties view diversity-related mediations as an opportunity for growth and improvement. Toward this end, regularly assessing workplace practices, policies, and culture can help prevent similar conflicts in the future. But saying you are open to discussing diversity related issues and discussing these issues are two different matters altogether. To further facilitate constructive dialog, joint sessions in employment mediations are a potential tool that can foster communication and build trust.

"Miscommunication and misinterpretation can occur when messages are relayed through intermediaries. In a joint session, parties have the chance to clarify their statements and correct misunderstandings on the spot." These sessions can provide several benefits. They can, for example, potentially allow all parties to express their perspectives, feelings, and concerns directly to each other. This can lead to better understanding and empathy, as individuals can hear each other's viewpoints in a controlled environment. Face-to-face interactions can foster dialogue and humanize the parties involved. They can help break down barriers, reduce misunderstandings, and encourage more productive conversations. Joint sessions can also create a sense of accountability, as parties are held responsible for their words and actions in front of others. This can encourage more genuine discussions and a commitment to finding solutions.

Building trust in these mediations is paramount. Joint sessions can contribute to building trust among the parties because when individuals perceive that others are willing to engage in open dialogue, they may become more willing to share their thoughts and experiences. A joint session can also counteract any potential misunderstandings. Miscommunication and misinterpretation can occur when messages are relayed through intermediaries. In a joint session, parties have the chance to clarify their statements and correct misunderstandings on the spot. Finally, joint sessions provide an opportunity for collaborative problem-solving. Parties can brainstorm solutions, explore compromises, and work together to find mutually acceptable resolutions. These sessions can provide the vehicle for agreements to be reached, particularly when affirmative relief is on the table. Parties can negotiate and develop solutions that consider their respective interests, concerns, and needs. Parties who participate in joint sessions demonstrate a commitment to resolving their dispute in a transparent and constructive manner. This can help set a positive tone for the remainder of the mediation. Despite these benefits, joint sessions might not be appropriate or effective in all cases. In situations where power imbalances are pronounced, interaction is triggering, emotions are high, or there is a history of alleged retaliation, separate caucuses might be more suitable. The mediator's judgment and expertise play a crucial role in determining the best approach for each individual mediation. Addressing diversity issues in employment mediations requires a thoughtful and comprehensive approach that acknowledges the complexities of the situation while striving for fair and equitable solutions. It is a collaborative effort involving all parties, the mediator, and the organization, and its goal is to achieve a resolution that allows the parties to move forward constructively. Jonathan D. Andrews is a mediator with Signature Resolution. He has been a proud member of the San Diego County Big Brother/Big Sister program for over 15 years and is a current member of the Big Brothers Big Sisters of San Diego (BBBS) County Board of Directors.

SAN DIEGO LAWYER

September / October 2023

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LAW SCHOOL COLUMN BY JAZMIN GUERRERO

s a first-generation Latina and daughter of immigrants, a legal education was always a dream of mine. Raised in a home where education was valued, my parents instilled in me a deep appreciation for learning, and determination to overcome any obstacles in my path. However, stepping into the world of law school as a young woman from a marginalized background, I found myself facing a persistent challenge: imposter syndrome. I continuously struggled with questioning whether I truly belonged in law school. Surrounded by peers who seemed to effortlessly navigate the complexities of academia, I felt like an outsider once again, overwhelmed by the fear of being exposed as unworthy of the opportunities presented to me. Growing up in a community where access to resources was limited, I was aware of the disparities that existed in society. Yet, as I embarked on my law school journey, I began to realize that I was privileged in ways that I had never acknowledged. Despite the challenges my family faced, they had always prioritized my education and supported my dreams. This unwavering support laid the foundation for my success and set me apart from many others. Confronting my privilege was both humbling and eye-opening. I recognized that my background, while marked by struggle and resilience, afforded me unique advantages. I had access to mentors who understood the

intricacies of navigating higher education, which many of my peers may not have had. Additionally, my fluency in Spanish and familiarity with Mexican cultural norms gave me a head start in the competitive legal field. Accepting my privilege did not diminish the hard work I had put in to reach this point, but it underscored the importance of using my position to uplift others. Rather than allowing imposter syndrome to impede my progress, I learned to embrace the power of my voice and experiences, recognizing that they brought a unique perspective to the legal field. My heritage and upbringing enriched my understanding of the law, allowing me to empathize with marginalized clients and advocate for justice with greater insight and compassion. Conquering imposter syndrome required vulnerability, self-reflection, and the support of a nurturing community. My journey serves as a testament to the transformative power of education and the unwavering support of my family. With a heart full of determination, I strive to be a trailblazer for underrepresented communities, promoting diversity within the legal profession and beyond. Jazmin Guerrero (guerrej@tjsl.edu) is a rising 3L and was raised in Los Angeles, CA by her parents Nelly and Jose. From a young age, she gained insights into the legal system by accompanying her parents to appointments with immigration attorneys. It was through her firsthand experience of witnessing and undergoing the injustices faced by individuals from black and brown communities that she became passionate about helping marginalized communities.

We want to hear from you. San Diego Lawyer welcomes article submissions from practicing attorneys and industry experts on various lawrelated 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.

SAN DIEGO LAWYER

September / October 2023

ETHICS BY EDWARD McINTYRE 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.

A CHAT ABOUT ChatGPT CAN AI PRACTICE LAW? Illustration by George W. Brewster Jr.

Bob Mata bounded into Macbeth’s office as Macbeth, Sara, and Duncan finished a meeting.

“Interesting, Bob. Many of us have been discussing the implications of AI. How it may affect a law practice.”

“Macbeth, I’ve got hair-on-fire news. It will revolutionize the practice.”

“Do you guys use it? Know how it works?”

“Your enthusiasm betrays you, Bob.” Macbeth gestured at the conference table’s fourth chair. “Care to join us?” As he sat, Mata started. “My partner showed me the results he got using this new AI thing. Blew my socks off.” “ChatGPT? Bard? Bing? Some other program?” “The chat one. Whatever you call it. He asked for a crossexamination outline. For a CEO’s depo. SEC fraud case he’s got. Came back with a complete outline. In seconds. Stuff he said he hadn’t even thought about. Would’ve taken him hours, maybe a couple of days.” “It gave him suggestions? A starting point?” “Better. He put in more requests. Got just about everything he needs. Asked about exhibits he intends to use. Got explanations and analysis. He also asked how to prepare his own client for a depo. Says he got fantastic stuff.” “Do you know what prompts he used to get material so case-specific?” “Prompts? No idea. Don’t know how this stuff works. But it’ll upend the practice of law. I mean, legal research, fact analysis, documents, testimony summaries, witness outlines. The applications are limitless.”

SAN DIEGO LAWYER

September / October 2023

“We obviously use research tools that employ facets of AI. Lexis and Westlaw, for example, our document management system. Our search programs for eDiscovery. We’ve tested — maybe 'experimented with' is a better way to say it — the newest applications. But I haven’t used them. Sara’s our expert.” Mata turned to her. “Do you agree? Law as we know it is gone.” “You’re referring to generative AI? With large language model technology? It analyzes enormous amounts of digital text mostly scraped from the internet. But whether and how it could be useful in practicing law remains uncertain. Lawyers are only beginning to explore these chatbots. So are journalists, academics, authors, and a lot of digital experts. Investigating the limitations, as well as outright dangers, of using generative AI.” “Like what? The stuff my partner got was astonishing.” “Some things on the web are just wrong. Chatbots may pass false information off as accurate. Also, there are hallucinations. Where chatbots just make stuff up.” Duncan smiled. “Remember that New York lawyer who used ChatGPT to write a federal court brief? It manufactured case citations. Quotes even. Looked genuine. But none of them existed. I understand ChatGPT and the others don’t search Lexis or Westlaw directly. Limits them for actual legal research.”

Macbeth shook his head. “That case screams basic competence — checking work before you file it. But it also underscores rule 1.1’s admonition. Competence means staying up with the benefits and risks of technology. Generative AI is here. So, we’ve got to know how it may benefit clients. But also understand its risks.” Sara added, “Confidentiality is a risk. If a lawyer puts clientconfidential information into a prompt, that puts information into worldwide databases. Anyone could find it. Or it could further inform search tools. But all risk exposure.” Duncan followed up. “I think that’s why Macbeth asked about prompts your partner used. How did he get seemingly case-specific results? Macbeth nodded. “Precisely, Duncan. Given California’s confidentiality standard, I worry about using searchable AI for any client-related research. It comes back to knowing the risks of the technology. Something experts are only now beginning to explore.” Sara added, “If a lawyer uses generative AI, should the lawyer tell the client? Even get the client’s permission?

I’m thinking about the duty to consult with a client about the means to accomplish the client’s objectives. Or inform the client about significant developments. Is generative AI something we should discuss?” “Excellent point, Sara. Bob, see the thought-provoking topic you raised? We have questions. But few answers. Continue to explore, however, we will.” Bob shrugged. “What’ll I tell my partner?” Macbeth used his hands like a balance scale. “Risks and benefits. Proceed carefully.”

Note: Rule 1.6 and Bus. & Prof. Code section 6068, subdivision (e) address confidentiality; rule 1.1, competence; rule 1.4, communication.

Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.

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September / October 2023

TECHNOLOGY BY BILL KAMMER

TECH TIPS AND TIDBITS

Phishing Lures

Google “Results About You”

KnowBe4, a dominant security training platform, recently

No one can appreciate how much of their personal

reported that more than half of email phishing attempts

information can be found on the internet. To a certain

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extent, Google is responsible for the accumulation and

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retrieval of that information. Now it is riding to our rescue.

test-results-reveal-half-of-top-malicious-email-subjects-

Although its new app is still in beta form, early tests

are-hr-related. Phishing remains the technique most used

indicate that it functions correctly when it reports to users

to compromise enterprise systems. Its potential for serious

instances of their personally identifiable information

damage demands constant education and training.

found on the internet. The user can review those results

Another of KnowB4’s reports includes this tidbit: nearly

and ask Google to “forget” those search results. You can

1/3 of users are likely to comply with a fraudulent request

set up alerts for appearances of your phone number,

or click on a suspicious link. KnowB4 recently published an

email address, or home address in Google search results.

interesting phishing infographic at https://www.knowbe4.

The app is available after logging into a Google account

com/hubfs/Q22023.pdf.

and then visiting this webpage: https://myactivity.google. com/results-about-you. You can read more in this Wired article: https://www.wired.com/story/results-about-you-

Computer Bugs In 1947 a Harvard team was at work on their electromechanical Mark II computer. They found a

remove-personal-info-from-google.

computer error caused by a moth stuck to a system

Speaking of Google

component. Legendary computer scientist Rear Adm.

Today, Google and its search results are taken for granted

Grace Hopper was a team member and helped popularize

by many internet users, and the company is mature

the terms computer “bug” and “debug.” Ironically, that

enough to be defending an FTC antitrust complaint.

was not the first use of the term “bugs” referring to

Ironically, it achieved its alleged anticompetitive status

issues with a designed system. Thomas Edison, in 1878,

only 25 years after its birth in 1998. Many have heard of

reported he had found a “bug” in his apparatus. There

two Stanford graduate students, Larry Page and Sergey

are other reports of “bugs” in the 19th Century, and the

Brinn, who worked together in their dorm rooms on a

attribution to Grace Hopper in 1947 is the subject of some

web search engine they originally called Backrub.

dispute. Read more at https://www.globalapptesting.com/

They developed a groundbreaking algorithm that judged

blog/the-worlds-first-computer-bug-global-app-testing

the popularity of a website, not by the frequency of word

or https://education.nationalgeographic.org/resource/

appearances on page, but by the number of links that

worlds-first-computer-bug.

pointed to that website.

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They called that algorithm “PageRank,” named for Larry Page. In the 90s, internet users had used search engines such as InfoSeek, WebCrawler, and particularly AltaVista. Still, Google quickly eclipsed them in popularity. You can satisfy any further curiosity about internet search history at ZDNET: https://www.zdnet.com/article/google-turns-25from-garage-startup-to-global-giant.

Cost of a Data Breach For 18 years, IBM has reported its in-depth analysis of real-world data breaches. Its most recent report analyzes breaches at 553 organizations between March 2022 and March 2023. This report found that the average cost to those organizations of a data breach was $4.45 million, a 15% increase over the average for the past three years. The health care industry reported the highest average at $10.93 million, nearly twice that of the second-place financial industry at $5.90 million. Breaches in the United States continued to average costs greater than any

Smart Devices Are Harvesting Personal Data The United Kingdom has setup ICO, an independent body, to uphold individual information rights. It recently issued a statement addressing its concern that smart devices were harvesting data. The statement was prompted by a report from Which? with detailed findings that certain brands were collecting far more information than was necessary for them to function. It cited instances such as smart speakers that share customer data with TikTok and Meta and smart TVs that want to know your viewing habits. Other findings included frequent requests for access to contacts, security cameras also sending information to TikTok, and washing machines asking for your age. You can read a detailed article at https://www.which.co.uk/ news/article/the-smart-device-brands-harvesting-yourdata-al4vp6Z3ePDf. Importantly, the article includes steps to take control of your data, particularly by paying close attention to permission requests during setup where you can opt out of providing the requested information.

other country at $9.48 million. Download the 78-page IBM report at https://www.ibm.com/reports/data-breach. Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.

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SAN DIEGO VOLUNTEER LAWYER PROGRAM CELEBRATES ITS 40TH ANNIVERSARY By Wilson Adam Schooley

his year is San Diego Volunteer Lawyer Program’s

lawyer time last year to help low-income clients-in-need,

40th anniversary providing free legal services

primarily through SDVLP’S Microbusiness and Nonprofit

to low-income San Diegans facing critical legal

Support Program. According to Mary Kathryn Kelley, Pro

issues impacting their health, safety and well-being. Since

bono Counsel at Cooley LLP, “SDVLP provides our lawyers

its inception, SDVLP has partnered with the local legal

the opportunity to help low-income clients with a wide

community to provide life-changing assistance to tens of

variety of legal needs. SDVLP makes it easy to volunteer

thousands of San Diegans.

and its staff attorneys provide support and expertise, and are also a pleasure to work with.”

SDVLP trains and mentors volunteer attorneys to provide legal assistance to the extremely high number

Mitzi Miranda, an associate in Latham & Watkins’

of San Diegans who cannot afford an attorney. Because

Litigation & Trial Department, is being honored as the

of SDVLP, clients who would otherwise have had to

2023 Outstanding Volunteer of the Year for her work in

represent themselves received legal assistance in 6,000

SDVLP’s Domestic Violence Restraining Order Clinic at

cases last year.

the Central Courthouse. She says: “In my volunteer work through SDVLP, I’ve been pleased to assist clients while

According to SDVLP’s CEO, Jennifer Nelson: “SDVLP’s

they navigate the often-confusing process of securing

work is only possible due to the generosity of San Diego’s

protective orders so that they can improve their

legal community. Our mission is to multiply the number of

day-to-day lives.”

clients we serve by mentoring, training, and leveraging the time and talent of volunteer lawyers. Our amazing

San Diego’s two Family Justice Centers — Your Safe

staff are equal parts teachers and attorneys, who can

Place, in Downtown San Diego and One Safe Place in

create a meaningful experience for any attorney who has

San Marcos — are being honored with SDVLP’s 2023

a few hours of time and the desire to give back to

Community Service Award. They provide free, wrap-

their community.”

around services for one of San Diego’s most vulnerable populations: survivors of domestic violence. Those services

Each year, SDVLP honors the law firms and volunteers

include counseling, food, shelter and housing, clothing,

who have provided vital services to its clients. Cooley LLP

medical care, and legal assistance, through a collaboration

is being honored as the 2023 Outstanding Law Firm of

with multiple agencies all located onsite.

the Year for its extraordinarily generous contribution of

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"Our vision is that no San Diegan will be forced to navigate the legal system alone, simply because they cannot afford an attorney." The work of SDVLP and its volunteers is important because, without an attorney to represent them, a low-income individual may be unable to obtain the legal relief that empowers them to maintain their well-being and safety, such as the order for protection

themselves and their families out of poverty, reduce homelessness, and create a better San Diego. A chronological overview shows SDVLP’s growth and good work since its founding in 1983: January 1983: SDVLP begins operations at the San Diego County Bar Association office with a budget of $51,995, and two employees — a pro bono coordinator, and a part-time assistant. July 1983: SDVLP is incorporated as an independent 501(c)(3) nonprofit organization, and forms its first board of directors. 1986: SDVLP hires its first executive director, and moves to a downtown office with one staff attorney and one secretary. Two more staff members are hired.

that enables them and their children to leave their abuser,

1988: SDVLP begins to rapidly expand its services,

or a ruling preventing an unlawful eviction and

beginning with administration of an HIV/AIDS legal clinic,

imminent homelessness.

providing vital legal assistance to San Diegans at the

“We at SDVLP are excited for what the next 40 years

height of the AIDS crisis.

will bring,” said Nelson. “Our vision is that no San Diegan

1989: SDVLP partners with the Lawyers Club of

will be forced to navigate the legal system alone simply

San Diego to help survivors of domestic abuse obtain

because they cannot afford an attorney. With the help of

restraining orders onsite at the downtown Madge Bradley

our volunteers, we will continue to empower women and

Courthouse.

children who are survivors of abuse, and help low-income entrepreneurs to create sustainable enterprises that lift

WHAT TO DO WHEN … YOU WANT TO GET MORE INVOLVED IN THE COMMUNITY By Wilson Adam Schooley

wo touchstones of successful community involvement are: You get from it what you put in and doing it right compounds upon itself.

From those two principles follow these inferable guidelines: One, consider causes you are passionate about and find organizations championing them; two, volunteer your time with those organizations so your commitment will be genuine, heartfelt, and tangible; and three, be prepared that good work means more work.

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When you find a nonprofit or other community organization doing work you admire, plunge in with a passion to help. You’re likely to soon find yourself richly rewarded emotionally, admired socially, in demand logistically, and possibly on the road to serving in a leadership capacity. Your name will travel with your reputation for good work, and more community involvement opportunities will come your way.

1989 also marks the first-ever Operation Stand Down, which provides critical services to homeless veterans. SDVLP provides free civil legal services at the inaugural event, and continues to provide these services at Operation Stand Down through the present day.

2018: SDVLP expands its services further to begin its Microbusiness and Nonprofit Support Program, which provides free legal services to low-income entrepreneurs and nonprofit organizations that serve low-income San Diegans.

1990: SDVLP expands its court-cited domestic violence restraining order services to the Vista and El Cajon courthouses.

2019: In response to the Housing crisis, SDVLP founds its Tenants’ Rights Program, which provides free legal help to low-income tenants, with the aim of preventing homelessness.

1992: SDVLP further expands its services to assist vulnerable children. Over the next several years, SDVLP will begin a Guardianship Program, and a Special Education Advocacy Program, which advocates for the educational rights of foster youth with special needs. 2002: The first Family Justice Center is founded in San Diego, providing comprehensive legal, medical, and other professional services to survivors of domestic violence. Soon after, SDVLP begins providing restraining order services to survivors onsite. SDVLP continues to offer legal services at Your Safe Place, the downtown Family Justice Center, to this day. 2005: SDVLP grows to a budget of 1.5 million, and a paid staff of 22 employees. 2017: SDVLP founds its Vision for Justice Collaborative Program, in partnership with Casa Cornelia and License to Freedom, which helps immigrant and refugee survivors of crime with their civil legal issues, primarily domestic violence.

But how do you find that first organization, doing work you admire? Just like your name and reputation travel when you do good work, so do the reputations of community organizations doing good work. Listen to people already active in the community. You’ll learn what organizations are esteemed. Work well with one and from there, the opportunity to engage with other good organizations will come easily. A personal example might help visualize the paradigm. Organizing free legal clinics for lowincome San Diegans led to expanding collaboration with community organizations and nonprofits. For a Valencia Park clinic at Valencia Park/Malcolm X Library, we connected and collaborated with

2022: SDVLP begins providing legal services to survivors of domestic violence at a brand-new Family Justice Center, One Safe Place, in San Marcos. Today, SDVLP provides restraining order services at six locations throughout San Diego. 2023: Today, SDVLP, has grown to a staff of over 40 employees, a budget of over $4 million, and a roster of thousands of volunteers, serving 6,000 clients per year.

Wilson Adam Schooley is is Pro Bono Manager and Supervising Attorney at SDVLP, a nonprofit law firm. Formerly a big firm trial lawyer with Fortune 100 clients, he left his partnership to represent the underserved. He served as Chair of the ABA Civil Rights Section and on the SDCBA Board of Directors, and is on the ABA Journal Board of Editors, Standing Committee for Pro Bono, and in the House of Delegates. He is also an author and actor.

the San Diego Black Chamber of Commerce; Urban League of San Diego County; San Diego Chapter of the NAACP; Earl B. Gilliam Bar Association; National Pan-Hellenic Council San Diego; Omega Psi Phi, Phi Omicron Chapter; and the SDCBA New Lawyer Division. The initial collaboration led to not only a recurring annual free clinic, but also enduring partnerships with exponential organizational and community synergies and benefits. For a San Ysidro clinic, we collaborated with Casa Familiar. That collaboration also resulted in synergistic community benefits, and an invitation to serve on Casa Familiar’s Board of Directors. Volunteering well is a win-win, for you and the community organization.

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THE MENTOR-MENTEE RELATIONSHIP: GUIDELINES ON HOW TO MAKE THE MOST OF IT By Julie T. Houth

he first step to becoming a lawyer for most people is going to law school. Law school has its challenges — juggling the voluminous daily reading for multiple classes, the novel Socratic method experience, and personal obligations — but having a mentor can help navigate foreign territory. Similarly, once a person passes the bar exam and lands a job, a mentor can help that new attorney not only survive the practice of law but also thrive. Seasoned lawyers can be deterred from engaging in mentorship because of their personal and professional responsibilities. Although being a mentor will take additional time away from the demands of lawyer life, the rewards can be as substantial as those of a mentee. As a mentor, mentorship can enhance your resume, build your leadership skills, diversify your perspectives through your interactions with your mentees, expand your network, and give you added purpose in your lawyer life.

Some Common Ground for Mentors and Mentees There are some overlapping things that both a mentor and a mentee should consider when they are in a mentormentee relationship. Firstly, communication is key in any relationship, including this one. This should almost be an equal exchange between the parties; because mentors are often seasoned lawyers, they might communicate with their respective mentees more often, but of course, there are situations where there is an enthusiastic mentee who will reach out more than their mentors. Clear communication helps both sides understand the expectations and obligations of the relationship. Secondly, first impressions are almost everything. Make sure that when there is a set place and time to meet, show up on time and dress appropriately. This means showing up within a reasonable time of the scheduled time and looking well groomed. Sometimes a conflict comes up unexpectedly. Communicate with the other party and let them know your situation. Being late and not communicating your tardiness

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comes off as very unprofessional. First impressions mean a lot and you don’t always get a second chance. Lastly, in a similar vein as communication, be prepared to discuss action items with your mentor or mentee. Things to discuss could be what each side expects to gain from the relationship, what each side needs, and how to accomplish those needs. Everyone’s time is valuable and should be respected. Preparation by both parties also sets the tone and expectations of the relationship. Implementing these three things from the start of the relationship can really help create a strong foundation. Fostering a mutually beneficial relationship takes work. Here are some tips for being a good mentor or mentee.

Mentors Be available to your mentees. Once a mentor makes a commitment to engage in a mentor-mentee relationship, just like their professional commitments, a mentor should take their role seriously and be available to their mentees. Both parties have the option to meet as often as they want. Schedule and calendar set times and days to meet to avoid missing your appointment. Be willing to share your expertise. The allure of having a mentor is usually related to the expertise a more experienced lawyer can offer in the form of guidance in the legal profession. As a mentor, this can mean providing an example of how to go about doing things like studying for a law school exam or preparing for a deposition. Whatever the case, mentors should be willing to share their expertise with their mentees. Be a good listener. Being a good listener is important because this shows you respect your mentee’s time and you are aware of your mentee’s needs. We have a duty as lawyers to help ease the paths of students and new lawyers who hope to be future colleagues. This duty includes teaching the essentials of

professionalism and should start with you as their mentor. Set the example and lead by example.

Mentees Be a good listener. Be a sponge and absorb all of your mentor’s knowledge, expertise, lessons from past experiences, and whatever else they are willing to share with you. Mentors will likely provide some insight into the legal field that is unfamiliar to you. Remember, they are willing to take time away from their obligations to engage with you, so be respectful of their time. Be open-minded. Mentees should also be willing to not only listen, but also be open-minded to the advice given to them. Mentors often provide their mentees with tools to grow in the legal profession. Those tools should be considered even if they are not implemented. Determine if and how to adopt the guidance from your mentor and apply those tools. Accept feedback. Some mentees may find it hard to accept feedback because it is not always positive. While positive feedback boosts confidence, negative or constructive feedback provides an honest evaluation of how you can potentially be a better student or lawyer. Resist the urge to get defensive if you receive feedback that isn’t positive. Listen, learn, and grow from it.

Conclusion The above suggestions are not all-inclusive, but act as helpful tips on getting the most out of a mentor-mentee relationship. Mentorship is particularly valuable for people of diverse backgrounds, including but not limited to individuals who are first-generation students and individuals of color, all of whom can face different types of challenges throughout their legal career; these individuals may not necessarily have the resources available to them that some of their colleagues have. Many bar associations offer some sort of mentorship program for free or at a low cost for members of the legal community. There’s no better time to volunteer for this experience than now. You might find that the experience is extremely rewarding.

Julie T. Houth is an associate at Thomas Quinn, LLP and practices maritime law. She is a former co-editor of San Diego Lawyer.

Check out the SDCBA's new Mentor Directory, a tool developed to help connect local mentors and mentees! Learn more at sdcba.org/MentorCommunity

2023 DIVERSITY FELLOWSHIP PROGRAM

2023 DIVERSITY FELLOWSHIP PROGRAM By Nima Shull

n June, the Supreme Court struck down affirmative action, effectively ending higher education raceconscious admissions practices and wiping away 40 years of precedent.1 The Court used the equal protection clause, enacted to address the immense inequality faced by Black Americans, to achieve this result.2 For many advocates of diversity and inclusion, this decision — though it purportedly champions neutrality — ignores our country’s history of systematic and pervasive racial injustice.3 Moreover, it has served as a harbinger of unprecedented gutting of diversity, equity, and inclusion (DEI) initiatives across the country.

In May, Florida governor Ron DeSantis signed a bill into law banning the state’s public universities from spending any funds on DEI programs.4 Lawmakers have sought to introduce similar legislation in several other states banning universities from allocating funds to DEI programs, prohibiting implicit bias and diversity training, and forbidding mandatory diversity training for students and faculty. So far, at least one anti-DEI piece of legislation has been introduced in 22 states this year.5 These measures pose a serious threat to DEI on college campuses — and by extension, law school and other graduate programs — across the nation.

Program (DFP), launched in 2009. The DFP employs a holistic process focused on students’ legal research and writing skills, personal backgrounds, leadership experience, commitment to diversity, and career goals — rather than GPA or law school name — in selecting students. The program provides students with mentors and collaborates with employers to give students the necessary tools, early in their legal careers, to help level the playing field and increase the number of diverse legal professionals in our community. Through its competitive application process, the DFP places promising and diverse first-year and part-time second-year law students with prominent employers, many of which have participated in the program for over a decade. The 2023 program saw 28 employers6 matched with 31 fellows, one of the largest classes in the program’s history. This year’s participating employers included several law firms, public employers, corporate legal departments, and — for the first time in the program’s history — a nonprofit organization. This year also marked a record-breaking number of student applications, making the program’s selection process even more rigorous. Learn more about the DFP and ways to participate in 2024

Given the increasing polarization and politicization of this subject, safeguarding DEI initiatives is critical for legal and business leaders, now more than ever. Despite progress made toward improving diversity in the legal profession, expanding attacks on DEI threaten to diminish the number

at www.sdcba.org/dfp. Nima Shull is the Director of the SDCBA-ACC Diversity Fellowship Program (DFP). He is also an associate at Buchalter, APC, a DFP employer. His practice focuses on commercial and labor and employment litigation. Prior to becoming Director, Nima previously interviewed and mentored DFP fellows and is also a past DFP fellow himself.

of diverse law students and new attorneys employers can hire. One solution to this growing problem is to support programs like the SDCBA-ACC Diversity Fellowship

1. See Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Docket No. 20-1099, 600 U.S. ___, available at chrome-extension:// efaidnbmnnnibpcajpcglclefindmkaj/https://www.supremecourt.gov/ opinions/22pdf/20-1199_hgdj.pdf; see also Andre M. Perry, Hannah Stephens, Manann Donoghoe, “The Supreme Court’s decision to strike down affirmative action means that HBCU investment is more important than ever,” Brookings, (June 29, 2023), available at https://www. brookings.edu/articles/the-supreme-courts-decision-to-strike-downaffirmative-action-means-that-hbcu-investment-is-more-important-thanever/#:~:text=The%20June%2029%20Supreme%20Court,erodes%2040%20 years%20of%20precedent 2. Id.

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3. Id. 4. See CS/CS/CS/SB 266: Higher Education, available at https://www.flsenate. gov/Session/Bill/2023/266/?Tab=BillText. 5. See The Chronicle of Higher Education DEI Legislation Tracker, available at https://www.chronicle.com/article/here-are-the-states-where-lawmakersare-seeking-to-ban-colleges-dei-efforts?cid=gen_sign_in; see also Jacylyn Diaz, “Florida Gov. Ron DeSantis signs a bill banning DEI initiatives in public colleges,” NPR, (May 15, 2023), available at https://www.npr. org/2023/05/15/1176210007/florida-ron-desantis-dei-ban-diversity. 6. A total of 30 employers signed up for the DFP in 2023, though two employers were ultimately unable to participate due to unforeseen student withdrawals from the program.

2023 DIVERSITY FELLOWSHIP PROGRAM

2023 FELLOWSHIP EMPLOYERS KORRY HUFFMAN

DAVID LATIMER

Diversity and inclusion betters our company and ofﬁce in every way. Including many employees of different backgrounds creates a better culture of collaboration and creativity, and helps encourage innovation and teamwork. Our DFP fellow was all-around great this summer, but a standout moment was her willingness to take on many projects at once and complete an entire memo from start to ﬁnish in one week. The memo task is a huge lift, and I was very impressed by her ability to complete it in such a short timeframe.

There are many ways that a company can implement inclusion programs that add up to meaningful impact. At BD, we’ve enhanced our training, hiring, mentorship, and internships, and created associate resource group programs to foster this important initiative. Unconscious bias training has been a fundamental organizational initiative in this area.

HEATHER PARK

KRIS CHEREVAS

We chose to participate in DFP to gain access to the valuable diverse talent pool. With a mission to serve and treat our clients and each other with integrity and compassion while providing effective, high quality service, diversity and inclusion serves as a tool to not only get us there, but keep us there. Our diversity and inclusion initiatives allow us to build upon a culture that celebrates differences and praises innovation.

Annual participation in the DFP is a commitment of our office. We value the program’s purpose and the benefits it provides to the students, employers, and local legal community. Diversity, equity, and inclusion bring fresh energy, perspective, and collaboration to our firm.

GABRIELA TORRES

PATRICIA HOLLENBECK

Diversity and inclusion, especially for legal services ﬁrms like Disability Rights California, is vital to the successful representation of clients. My biggest tip to other employers looking to increase diversity would be to participate in the DFP program annually. It is very easy to focus on GPA and LSAT scores when hiring, but that is only one factor. I was so impressed with the professionalism and enthusiasm that our fellow brought to this team. We liked her so much that we asked her to stay on after the program’s end.

DFP allows participants to begin the transition from law students to lawyers. They see, often for the first time, how concepts learned in law school have practical application. We also learn a tremendous amount from the different points of view represented by the DFP fellows. The firm’s diversity management is integral to our core business and each of our practice groups; our programs for recruitment, retention, and promotion of historically minority groups are a priority. Seeking out different points of view strengthens our firm.

JUSTIN PAIK

EDWIN M. BONISKE

We believe DFP is a valuable tool to promote diversity and inclusion in the San Diego legal community, and that is why we have participated in this program since Summer 2010. It is a great way to not only foster diversity and inclusion within your ﬁrm/ organization, but also to help the San Diego legal community continue pursuing diversity and inclusion by giving opportunities to local law students with diverse backgrounds to succeed.

Higgs Fletcher & Mack chooses to participate in this rewarding program because the beneﬁts are overﬂowing. Our DFP fellows often bring us perspectives that we aren’t normally privy to, including what the next generation of lawyers is looking for from future employers. They also have shown us the value of embracing diverse perspectives and ideas, and how their generation’s views and values will shape the practice of law and make further progress towards the ideal of providing access to justice for all.

AMERICAN SPECIALTY HEALTH, INC.

CLARK HILL, LLP

DISABILITY RIGHTS CALIFORNIA (SAN DIEGO OFFICE)

FERRIS & BRITTON, APC

BECTON, DICKINSON AND COMPANY

COZEN O’CONNOR

DUANE MORRIS LLP

HIGGS FLETCHER MACK LLP

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September / October 2023

2023 DIVERSITY FELLOWSHIP PROGRAM

ARCELIA MAGANA

BRIAN MURPHY

We believe an inclusive culture makes us a stronger, better firm. Participating in impactful pipeline programs such as the San Diego County Bar Association’s Diversity Fellowship Program allows the firm to support the development of exceptional, diverse law students. Working with Paul and being around his joyful and optimistic personality reminded our office how lucky we are to advocate for our clients, and that someone is always watching and learning.

Building an environment where all employees are free to be themselves contributes to a sense of team and belonging, and creates the space where we can do our best work. Our fellow, Lin, did a lot of outstanding work for us over the summer. We were particularly impressed with her ability to interact with high-level attorneys and judges. At one event, Lin spoke with a superior court judge who was so impressed that she gave Lin her cell phone number, then invited her to lunch with three other judges. She made the ﬁrm look great!

JESSICA YANG

CORINNE HAWKINS

We have participated in the DFP program for over 10 years. I was a DFP fellow myself shortly after the program was first created! It has been incredible to see its expansion and wonderful to work with all the fellows we have had. Sofia was a fantastic presence in the office this summer with her enthusiasm and curiosity. She fit in with our culture effortlessly and quickly became a go-to f or research and assistance for our attorneys!

I have learned that there are still very hungry, highly intelligent young students in our midst that are very excited and interested in the legal profession. Nathaniel took every single opportunity he had to meet people, ask questions, and experience everything he could in his short internship with us. It was great to see such initiative and investment on his part.

JOANNE BUSER

NICOLE D. ALLEN

DFP provides a meaningful opportunity to celebrate local diversity. Inclusivity is not just about making sure attorneys feel valued, but also about our legal professionals feeling 100% a part of the team. When it comes to our fellows, I most enjoy learning about their personal interests and lives outside the law. They bring such unique attributes to our ﬁrm, and often have some of the most creative ideas about how we can easily adjust our practices to make them more inclusive and thoughtful.

Our ﬁrm is proud to provide talented law students from diverse backgrounds with an opportunity to gain valuable experience, expand their skill sets, and thrive in a supportive and inclusive environment. Working with our fellow allowed our ﬁrm to become aware of some of the issues facing young, diverse law students. Based on our fellow’s performance this summer, we are very optimistic about future attorneys entering the legal profession.

JAIME STEFFENS

DEBRA WYMAN

From our fellow, I learned to never judge a book by its cover. I thought Ayham was a quiet and soft-spoken law student, but I watched him blossom over the summer into a talkative, extroverted, and confident aspiring attorney who pushed boundaries and opened the door to unique discussions. Law firms must actively recruit and seek out diverse hires, promote diverse businesses, aim to support diverse affinity groups, celebrate diverse holidays and traditions, and create an inclusive culture.

Participating in DFP is a tremendously rewarding experience. The benefits and richness of diverse backgrounds, experiences and viewpoints translate to a more balanced and cohesive office culture. Carlos dove head-first into our high-stakes, intensely complicated practice area and shined.

JACKSON LEWIS P.C.

LAGASSE BRANCH BELL & KINKEAD LLP

PAUL PLEVIN QUARLES

PROCOPIO

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September / October 2023

KLINEDINST PC

LPL FINANCIAL

PETTIT KOHN INGRASSIA LUTZ & DOLIN PC

ROBINS GELLER RUDMAN & DOWD LLP

2023 DIVERSITY FELLOWSHIP PROGRAM

JERRILYN MALANA

KRISTEN HADEN

The District Attorney’s Ofﬁce has participated in DFP for many years as diversity and inclusion are part of our core values. We support programs and initiatives that share our values. Diversity pipeline programs such as DFP are critical to increase the number of diverse attorneys so that our legal profession is reﬂective of the communities we serve.

The more diverse the backgrounds and perspectives of our employees, the better we are able to aid the diverse population we are appointed to represent. For the past 9 years, we have received stellar fellows from this program who not only add to the diversity of our ofﬁce, but also have a unique perspective that our clients greatly beneﬁt from.

N. CAROL KIM

MATTHEW FAUST

Sempra was a founding member of DFP and has participated every year since. Each summer, we host two fellows from the program, and consistently ﬁnd them to be a pleasure and the program to be rewarding. At Sempra, our future is rooted in the strength of our people. When we value diversity and inclusion, employees can bring their whole selves to work and share their unique perspectives and ideas.

DFP is the ultimate win-win situation. In addition to having an opportunity to right inequities that have historically plagued our profession, we were provided the opportunity to work with two outstanding fellows this summer, and one last year. Two of them are still with our ﬁrm and represented us tremendously in a very public-facing role. It was quite heartening to see our investment with the DFP provide such immediate and meaningful representation in the community at large.

INDIA JEWELL

PARADA ORNELAS

Sony Electronics Inc. continues to see DFP as a strong partner in the mutual goal of supporting diversity and inclusion in the law practice. Our internship programs are mutually beneﬁcial. We want to teach and mentor law students, and also learn from new professionals. This summer’s fellow helped us initiate a project signiﬁcant to the business that we will continue for years to come. It was a great experience.

At WTK, diversity and inclusion are in our DNA. We are one of the largest certiﬁed womenowned law ﬁrms in the region. By recruiting and retaining top talent with diverse backgrounds and experiences, we have created a vibrant workplace, where a variety of viewpoints are celebrated. We truly believe that our diverse teams come up with more creative strategies and solutions for our clients.

SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE

SEMPRA

SONY ELECTRONICS INC.

SAN DIEGO COUNTY PUBLIC DEFENDER’S OFFICE

SHARIF | FAUST LAWYERS, LTD.

WILSON TURNER KOSMO LLP

IAN FRIEDMAN

WINGERT GREBING BRUBAKER JUSKIE We have been very pleased with DFP participants and candidates in the past. This year was no exception. Our fellow was able to provide a fresh perspective on issues with respect to motions; in particular, a motion for summary judgment and how to approach it. We would deﬁnitely recommend this program to other employers. The experience is well worth the time, effort, and commitment.

SAN DIEGO LAWYER

September / October 2023

2023 DIVERSITY FELLOWSHIP PROGRAM

2023 FELLOWSHIP STUDENTS DEANNA MAAYAA

ROBERTO GAYTAN

One standout moment from my time working at American Specialty Health was the team’s unwavering support of my memo project regarding artiﬁcial intelligence. Every attorney on my team contributed valuable insights and guidance, fostering an environment of collaboration that not only enhanced the project but also bolstered my conﬁdence and growth as a legal professional. This fellowship was a transformative experience that bridged the gap between academic learning and realworld application.

DFP helped me shift my career goal toward a focus on employment law. The most important takeaway for me was that it is necessary to take on new projects and try things that you are not comfortable with because it might just turn out to be something that you really like and would like to do more of. Such was the case for me. Moving forward in my career, I will continue to foster diversity through visibility and representation, by taking up as much space as I can so that diversity becomes a norm.

AMERICAN SPECIALITY HEALTH INC.

CALIFORNIA WESTERN SCHOOL OF LAW

BECTON DICKINSON AND COMPANY

CALIFORNIA WESTERN SCHOOL OF LAW

MAYA RAMOS

REEM DABBOUS

DEI is important to me because, without it, opportunities are limited for people from diverse backgrounds. I’ve lived my entire life trying to ﬁt inside of a box that society has told me is best, and programs like DFP show me that I can pursue my passions while still being myself and loving who I am. This is especially impactful when navigating an elite and predominantly white ﬁeld such as law. The dedication that BD had in mentoring their interns and giving them a diverse experience in in-house counsel work really stood out to me.

My DFP fellowship has not only reafﬁrmed my aspirations within the realm of business law, but has also ignited my passion for litigation and its problem-solving attributes. The invaluable experiences of attending depositions and hearings, coupled with insightful conversations with experienced trial attorneys, have cultivated in me a profound appreciation for the strategic thinking and persuasive advocacy required in the courtroom setting.

BECTON DICKINSON AND COMPANY

USD SCHOOL OF LAW

BUCHALTER

USD SCHOOL OF LAW

VALERIA ORTEGA

KAYLA MARIE SIDECO

The most important takeaway from my fellowship was the mentorship I received. When I started law school, I experienced imposter syndrome and became stuck in the so-called “comfort zone,” which paradoxically proved quite uncomfortable. DFP provided me with the support and guidance necessary to tackle my imposter syndrome and leave this comfort zone. I aspire to become a mentor and support other diverse individuals looking for their place in law school and the legal community.

This summer has not only strengthened my legal skill set, but has solidified my core values of hard work, authenticity, and community. This summer I was able to attend Clark Hill’s Executive Committee dinner, where I spent three hours talking to four attorneys over food and drinks. This moment was special to me because it allowed me to experience a positive work culture that went beyond just my local office. I felt these attorneys were truly invested in getting to know me and furthering my future career, whether or not it was with their firm.

CITY ATTORNEY’S OFFICE, CITY OF NATIONAL CITY

USD SCHOOL OF LAW

SAN DIEGO LAWYER

September / October 2023

CLARK HILL, LLP

USD SCHOOL OF LAW

2023 DIVERSITY FELLOWSHIP PROGRAM

ANIKA PAZ LOPES

HEATHER HUNTER

Through DFP I have found that while the San Diego legal community is large, it is also very accessible. My employer hosted weekly “subro lunches” where attorneys would roundtable problematic cases, share past experiences, and congratulate one another on successful outcomes. Being able to participate in these weekly meetings exposed me to the extensive practice of subrogation and the ﬁrm’s collaborative culture. I feel very fortunate to have been surrounded by a group of encouraging, positive, and inclusive professionals.

My fellowship with Disability Rights California reinforced my desire to work in public interest, but it also changed my perspective on what that could look like. I hold many identities: woman living with a mental health issue, queer, ﬁrst-generation college graduate, grandchild of Mexican immigrants, daughter of a single mother. It is important to acknowledge our intersecting identities, feel seen, and give space for others to do the same.

COZEN O’CONNOR

CALIFORNIA WESTERN SCHOOL OF LAW

DISABILITY RIGHTS CALIFORNIA

CALIFORNIA WESTERN SCHOOL OF LAW

ZACHARY SMITH

MATTHEW COSTELLO

Through the DFP I have been exposed to several practice areas that I did not have any experience in before. One of the most important lessons I’ve learned from the DFP is to be open minded when considering what practice area you want to pursue. A good lawyer should know a little about all areas of the law.

In a summer loaded with stand-out moments, my most memorable moment was attending my first class action mediation. This happened during my first week with the firm and was a priceless experience! I am taking many things from my DFP fellowship, and the most important thing is the relationships I formed. The entire experience was a whirlwind. Side-by-side with my peers, we were able to take the whole thing in stride and create lasting friendships.

FERRIS & BRITTON

USD SCHOOL OF LAW

FISHER & PHILLIPS LLP

CALIFORNIA WESTERN SCHOOL OF LAW

CAITLYN BATTY

AMINA MOHAMED

My DFP fellowship opened my eyes as to how interesting litigation and employment law can be. A standout moment was when I was able to go to court and hear motions in limine. I also got the chance to write a demurrer, which was super cool! As I move forward in my career, I hope to meet more diverse professionals and move towards an overall inclusive work environment.

My most important takeaway from my fellowship is the amazing connections I made, both with employers and law students. I appreciated that my employer took the time to explain how my work impacted the bigger picture. I felt like a part of the team! Moving forward in my career, I want to see a world where diversity and inclusion just happen naturally. But ﬁrst, diverse individuals need to be able to take up space.

HIGGS, FLETCHER, & MACK LLP

USD SCHOOL OF LAW

HORTON OBERRECHT AND KIRKPATRICK

OSU - MORITZ COLLEGE OF LAW

PAUL YIM

LIN NGUYEN

DFP has shown me that there is an active movement to include diverse members in the legal community. My fellowship guided my decision to become an advocate in this ﬁeld. Diversity in the workplace is the ﬁnancially responsible decision. By having a diverse team, you will bring a wide range of experience and ideas to the table. As such, I will take an active role in my community pushing for this exact type of diverse inclusion that I was blessed to have experienced.

Through DFP, I had the opportunity to explore different legal practice areas and gain exposure to diverse legal challenges. One pro bono case stands out in my memory. The way my employer approached this case highlighted their commitment to social responsibility and access to justice. While legal expertise is crucial, the heart of our work lies in making a positive impact on individuals’ lives. The collaborative spirit, empathy, and dedication displayed by my employer during this endeavor have inspired me to integrate these values into my own career.

JACKSON LEWIS P.C.

CALIFORNIA WESTERN SCHOOL OF LAW

KLINEDINST PC

CALIFORNIA WESTERN SCHOOL OF LAW

SAN DIEGO LAWYER

September / October 2023

2023 DIVERSITY FELLOWSHIP PROGRAM

SOFIA LINARES

NATHANIEL MALICDEM

Going into this summer, I had an idea of what I liked, but didn’t know what type of law I wanted to practice. Through my fellowship I learned that I do actually enjoy civil litigation and would like to try criminal law to further help me narrow it down. When thinking about my employer, I think about how open, friendly, and helpful everyone in the ofﬁce was. I got to not only watch part of a trial in Orange County, but also attend depositions and conduct research.

The DFP Program taught me the importance of giving back and paying it forward. I have witnessed students who have gone through this program helping incoming law students in their career paths. To impact the community means you must ﬁrst embrace the community around you. Therefore, it is important to accept, empathize, and help everyone you come across.

LAGASSE, BRANCH, BELL, + KINKEAD

USD SCHOOL OF LAW

LPL FINANCIAL

USD SCHOOL OF LAW

STEPHANIE HAUMSCHILD

JACK EDMOND

The environment in my employer’s ofﬁce was so supporting and genuine. I was able to stumble around in the beginning because everyone was rooting for me and there to support me. I look forward to fostering diversity in my career because diversity builds empathy. Law is the game everyone is playing, and lawyers are really the only ones who know the rules – empathy helps us play with fairness, kindness, and compassion.

After working with such a strong team this past summer with a variety of different styles, I am committed to becoming an effective litigator and am looking forward to seeing how my own courtroom style evolves. The culture at Paul Plevin Quarles was supportive and inclusive beyond what I imagined. I really valued the ﬁrm’s open-door policy. All the attorneys were genuinely interested in my growth as a young legal professional.

PAUL PLEVIN QUARLES

NELSON MULLINS RILEY & SCARBOROUGH

CALIFORNIA WESTERN SCHOOL OF LAW

USD SCHOOL OF LAW

NICOLETTE YOHN

AYHAM DAHLAN

One of the more important and rewarding aspects of working in the legal community is networking, especially as a law student. Networking was something I had anxiety about, but I now genuinely enjoy it. Pettit Kohn went above and beyond in creating a welcoming environment. Shareholders went out of their way to regularly check in on me and involve me in a wide variety of projects to ensure I had a wellrounded experience. DFP is a great bridge to building your network.

Through my fellowship, I was able to practice the ﬁeld of law I longed to learn about in several different ways. I also learned that I like to do litigation! As a Muslim Palestinian, I am driven to support other minorities like me to enter the legal ﬁeld. It is important that we have a variety of viewpoints from all cultures because that is the only way we will produce mindful and adequate legal representation.

PETTIT KOHN INGRASSIA LUTZ & DOLIN

CALIFORNIA WESTERN SCHOOL OF LAW

PROCOPIO

CALIFORNIA WESTERN SCHOOL OF LAW

MATTHEW DAHLBERG

CARLOS CUEVAS

SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE

ROBBINS GELLER RUDMAN & DOWD

CALIFORNIA WESTERN SCHOOL OF LAW

Robbins Geller generously gave me and the other summer associates a plethora of activities to participate in, and I enjoyed the opportunity to connect with and learn about different practice groups at the ﬁrm at our weekly “lunch and learns.” Growing my career is not necessarily a linear path, and being able to step into new practice areas while I am still in law school is something I am both grateful for and happy to have done.

SAN DIEGO LAWYER

September / October 2023

USD SCHOOL OF LAW

I was able to gain a broad understanding of what it means to be a prosecutor, working with an amazing team of Deputy District Attorneys. One stand-out moment was my participation in the George Bennett competition at the end of the summer. It was a great way to practice my oral advocacy and witness my fellow interns excel under pressure. My most important takeaway was that the San Diego legal community is a great community of people who are all there to help you build the foundation to succeed.

2023 DIVERSITY FELLOWSHIP PROGRAM

CHLOÉ KRAMER

JILLIAN HOLLAND BROWNE

A stand-out aspect of my experience was the quality and timeliness of feedback I received for my work. As a first-generation lawyer, meeting and networking with lawyers was also an invaluable reinforcement for my career goals. The San Diego legal community is replete with people who care deeply about supporting the next generation of lawyers. Building my professional network with people who actively care about diversity and inclusion affirmed my decision to work in this field.

I’m not originally from San Diego, so DFP allowed me to connect with a law ﬁrm where I could grow not only as a law student, but in the legal profession in general. I’ve gained invaluable experience in legal research, writing, and the practice of litigation. I am also eager to engage in conversations on social justice and leverage my legal education to advocate for marginalized communities. My experience as a VietnameseAmerican woman entering the legal ﬁeld further fosters my commitment to diversity.

SHARIF FAUST LAWYERS

SEMPRA ENERGY

CALIFORNIA WESTERN SCHOOL OF LAW

DENNA SISAY

NUPUR MARWAHA

SHARIF FAUST LAWYERS

USD SCHOOL OF LAW

The most important takeaway I got from my fellowship is that networking is a must! It was very cool to see ﬁrsthand how far the power of connections and reputation could take you. Moving forward, I will work to give the same guidance that I’ve received. I plan to take part in my law school’s 1L mentorship program, and I know that once I become an attorney, I will take part in efforts such as DFP to give diverse students the same opportunity that I beneﬁted from.

SONY ELECTRONICS INC.

USD SCHOOL OF LAW

TATIANA PEREGRINA

MARILIN COLLI

This experience has opened my horizons to areas of law that I had not considered before. An incredible moment I had this summer was when I utilized my Spanish-speaking skills to translate a witness’s responses for an English-speaking attorney. I enjoyed having an active role in assisting the attorney with collecting information. Seeing others of a similar background is motivational and pushes me to want to be that inspirational ﬁgure to other Latinas considering a career in law.

Programs like DFP set the stage for employers to consider factors beyond grades and undergraduate education. I strongly believe in emphasizing lived experience and how it motivates individuals in their pursuit of a legal career, and I aim to encourage this perspective as I move forward in my own career. Prior to my internship, I was set on pursuing a career in either criminal defense or corporate transactional work. Now, I ﬁnd myself strongly interested in civil litigation and look forward to furthering my experience within the ﬁeld as I continue working with Wingert Grebing into the fall.

WINGERT GREBING BRUBAKER & JUSKIE, LLP

WILSON TURNER KOSMO LLP

CALIFORNIA WESTERN SCHOOL OF LAW

As a ﬁrst-generation legal professional, it is easy to feel like you don’t belong or don’t know what you are doing. Working alongside experts who thought highly of my contributions made me realize that imposter syndrome affects everyone. A standout memory for me was when I presented to the entire legal department. Not only did everyone attend, but they actively engaged by asking questions and providing encouragement. This experience made me truly feel like a valued part of the team.

USD SCHOOL OF LAW

PARTICIPATING EMPLOYERS NOT PICTURED:

PARTICIPATING STUDENTS NOT PICTURED:

Buchalter City of National City, Ofﬁce of the City Attorney Fisher Phillips Horton, Oberrecht, & Kirkpatrick Nelson Mullins

Kenan Elzoobi Eunsol (Anna) Park Melika Taheri

SAN DIEGO LAWYER

September / October 2023

FPO

Why I Lawyer RICARDO ELORZA

t was 1988, and my parents had just arrived in Los Angeles, California, from Oaxaca, Mexico. Back home, they left three children: my older brother, age 8; myself, 1 ½; and my younger brother, only a few months old. They left so they could seek a better life for us.

learned about my rights and the fight for respect for undocumented immigrants — about dignity, humanity, and empowerment. There, I learned that I was not alone; I was one of millions of undocumented immigrants fighting for immigrant rights.

My mom tells me that when they first arrived, they had to live on the streets of Los Angeles. At 5 a.m. every day, city workers would wake them up by hosing them with water so they could clean the streets. Six days after their arrival, my parents had not eaten anything for two days. Hungry, dirty, and homeless, they prayed to God for an opportunity. Hours later, a man passing by the sidewalk where my parents were sitting saw them and offered to buy them food. They ate the sandwich the man purchased for them with the utmost care, making sure that not a single crumb fell onto the dirty sidewalk. When my parents turned around to thank the man, he had disappeared, just as quickly and casually as he had shown up. It was this kindness from a stranger that left a lifelong mark on my parents’ lives — they had been given the opportunity of grace.

It dawned on me that college may be out of reach. Unlike my peers, I had no access to financial aid for my undergraduate studies or law school. That was just the beginning, however. For example, on one occasion I was asked why someone should take a chance on me if I was not going to be employable. But those sorts of events were not going to deter my goals. My parents had taught me grit.

As an immigration attorney, I hear stories like these almost every day from people escaping persecution and abuse, seeking that one opportunity they were not fortunate enough to have where they were born. Fortunately, I too have been given an opportunity. I was 11 years old when I first arrived in the United States, and I began my schooling here in my last year of middle school. Then I enrolled in high school in South Central Los Angeles. It was there, at 15 years old, when I found out I was undocumented. At first, I did not know what that meant, so I decided to investigate. I attended a local nonprofit organization in Los Angeles that fought (and continues to fight) for immigrant rights. There, I volunteered for three years. I learned about my status and how it was going to impact my adult life, but I also

Then my opportunity arrived. In 2012, while I sat in a classroom at a local law school in Minneapolis, Minnesota, as I prepared to enter law school in the fall, President Barack Obama announced the program that changed my life — Deferred Action for Childhood Arrivals (DACA). I immediately called a long-time mentor of mine with a million questions. Patiently, he explained what the program meant for me, and a few months later he helped me fill out my first DACA application. Today, I am the proud owner of my law firm where I exclusively practice immigration law. I defend undocumented immigrants in court and in front of other federal immigration agencies. As part of my practice, I offer hundreds of pro bono hours every year to local nonprofit organizations and handle several pro bono cases. Every person who comes through my office door deserves the opportunity to have a life with dignity. I lawyer because I know that by giving immigrants that opportunity, they can live productive and dignified lives. Ricardo Elorza has his own law practice, San Diego Immigration Law Practice APC, primarily focusing on family-based immigration and removal defense.

SAN DIEGO LAWYER

September / October 2023

MANEUVERING THE WORK-LIFE BALANCE By Wendy House

t is no surprise that attorneys are more prone to

eating habits, suicidal ideation, and increased alcohol or

mental health issues than other professions, and

substance use, among other things.

as a result, experience stress, anxiety, depression,

substance use disorder, and suicidal ideation. (See,

So, how can we manage these stressors? How can we, as

“Stressed, Lonely, and Overcommitted: Predictors of

attorneys, learn to maneuver the work-life balance? Here

Lawyer Suicide Risk,” Feb. 11, 2003.) According to a

are a few tips to try. If one particular route doesn’t work

study performed by Dr. Justin Anker and Patrick R. Krill,

for you, don’t be afraid to try another.

as part of a journal article entitled “Stress, drink, leave: An examination of gender-specific risk factors for mental health problems and attrition among licensed attorneys” (May 12, 2021), 24% of women and 17% of men have considered leaving the legal profession because of mental health concerns. But what causes this, and how

• Take a breath. Meditation and mindfulness exercises are a great way to focus on yourself and take a moment to unwind. Turn on some calming music or run a warm bath and relax while you disconnect from the workday. Begin each morning with some yoga,

can we fix it?

breathing exercises, or light stretching. Be aware of

Any number of factors could add stress to the life

take the opportunity to be present in the moment.

your breath, your thoughts, and your feelings, and

of an attorney when attempting to balance personal responsibilities with professional duties. Personal responsibilities, such as parenting young children, taking on dual roles as a single parent, or caring for an aging or sick relative, would weigh heavy on anyone, let alone a busy professional. On the professional side, legal jobs are frequently associated with long workdays, billable hour requirements, strict deadlines, the pressure to please clients, student loan debt, and pressures to keep up to date on the latest laws and issues affecting the industry. Throw in the fact that attorneys tend to be high achievers who are driven to succeed and consistently strive to make

• Practice healthy lifestyle choices. Exercise is another great way to clear your mind and improve not only your physical, but also your mental health and well-being. You don’t have to join a gym or commit to an hour of movement a day. Rather, it can be as simple as taking a brisk walk through the neighborhood to get some fresh air, going on a bike ride around the beach, or swimming laps in the pool while soaking in some vitamin D from the beautiful California sunshine. Eating well-balanced meals and practicing good nutrition are also important, as

an impression, and the result could be catastrophic.

well as remembering to drink enough water to keep

These stressors make it more likely that attorneys will

breaks from the computer and stand up to walk

experience mental health concerns such as stress,

around and stretch your legs. At the end of the day,

anxiety, and depression, all of which can cause spiraling

be sure to get a good night’s rest and give yourself a

effects, including isolation, sleep disruption, irritability,

chance to clear your mind and be free from the day’s

a loss of interest or pleasure in doing things, unhealthy

distractions.

SAN DIEGO LAWYER

September / October 2023

hydrated throughout the workday. Take occasional

• Make time for what matters. Spend time with family

afraid to ask for assistance. Many resources are

and loved ones, snuggle a pet, reignite a hobby you

available for attorneys dealing with mental health

enjoy, plop down on the sofa and get lost in a good

and substance use issues. There are many programs

book, or catch up with friends over coffee or a dinner

and peer support groups, including the State’s

date. Taking time to do something you enjoy once in

Lawyer Assistance Program, “The Other Bar,” or the

a while is good for the mind, body, and soul.

confidential and anonymous treatment resources provided by the U.S. Department of Health and

• Give yourself grace and show yourself compassion. Life is not always easy and juggling a work-life

Human Services Substance Abuse and Mental Health Services Administration.

balance can certainly be difficult. Be patient and flexible when stressors arise, but try to create

Whatever you do, please take care of yourself.

boundaries and set clear expectations so that you

Remember that to be the best version of yourself —

remember to care for yourself. Be efficient with your

the best employee, family member, and community

time in the office so that you can take a break while

member — you must take the opportunity to maneuver

at home. Set manageable goals each day so you feel

the work-life balance … whatever that means to you!

accomplished and can allow yourself some “you time.” • Don’t be afraid to seek help. Let’s eradicate the stigma behind asking for help. If you need professional help, therapy, or medication, don’t be

Wendy L. House is an Associate Attorney at the law firm of Devaney, Pate, Morris & Cameron, LLP, who continuously strives to discover new ways to achieve a work-life balance as a busy wife and mother of three active children.

SAN DIEGO LAWYER

September / October 2023

LIMIT THESE FOUR PHRASES TO IMPROVE YOUR WRITING By Ian Pike

omposing effective legal prose is hard. No matter the context — an email to a client, a sternlyworded letter to opposing counsel, or a dispositive motion in your biggest case — persuasive legal writing has a lot of work to do. As lawyers, we are naturally on the hunt for “the phrase that pays,” something that carries a lot of weight with just a few words. The following four phrases aren’t that, but they all have two things in common: (1) lawyers think they’re awesome; and (2) they’re totally overrated. We overuse them. We should stop. There are better ways to say what we mean.

Frivolous Lawyers think this conveys, with a single word, how utterly meritless the other side’s position is. But saying it doesn’t make it true, and calling the other side’s position “frivolous” serves little purpose beyond antagonizing opposing counsel. An effective writer shows the other side’s weaknesses with citations to material facts and on-point law so the reader concludes “this is frivolous” without being told what to think. Stick to the merits, and save the f-word for a Rule 11 motion.

creates an opportunity for future advantage. Consider discovery responses where a party “reserves the right” to supplement in the future. That’s like saying (wrongly), “I don’t have to answer now,” but (also wrongly), “I get to answer when I feel like it!” Many justify it as avoiding waiver. But that begs the question of whether there are rights to waive. Sticking with the discovery example, in federal court, supplementation is an obligation not a “right” to be exercised at a party’s discretion. See Fed. R. Civ. P. 26(e). In state court there is likewise no “right” to supplement discovery: there is an obligation to provide supplemental responses when served with a supplemental request; and there is an option to produce “amended” responses under certain circumstances, the exercise of which comes with certain procedural caveats. See, e.g., Cal. Civ. Proc. Code §§ 2030.070, 2030.310. The “right to supplement” is a fiction. There are, therefore, no “rights” to “reserve” because you cannot reserve that which you do not possess in the first place. Most lawyers should omit this phrase because even though it's meaningless it just makes the other side suspicious.

Including But Not Limited To Courts Routinely… Lawyers pair this little gem with a couple of citations to unreported Westlaw trial court orders, and they think it means they automatically win. But a handful of Westlaw cases falls far short of establishing the “routine” dispositions of the tens of thousands of cases docketed in courts throughout the country. Moreover, “the judge should just rule on this as a matter of ‘routine’ without thinking about it too much” is both unpersuasive and demeaning to the court’s work ethic. A much more effective means of conveying how straightforwardly an issue can be resolved in your favor is by identifying binding authority that supports your position and explaining how your case is indistinguishable from that authority.

Reserves the Right Language about “reserving rights” pops up all the time and in virtually limitless contexts. Lawyers seem to think it both excuses failure to comply with a present obligation and

Many lawyers think of this phrase as a magic way to ask a question (or answer one) without having to actually make up their minds about what they want to say. In truth, the only “magic” this overrated phrase accomplishes is making every question overbroad and every answer evasive because, rather than specifying what they mean with particularity, lawyers who use “including but not limited to” have made the other side guess what they mean. There’s an obvious allure to taking the belt-and-suspenders approach to drafting, but deliberately creating vagueness and ambiguity doesn’t actually benefit anybody in the long run. It’s always better to leave no room for guessing. Say what you mean, and only what you mean, even if it takes a little more work.

Ian Pike is an attorney and an employee of the federal judiciary. He reads a large number of briefs, many of which could be improved.

SAN DIEGO LAWYER

September / October 2023

A HALF CENTURY WITH GREG KNOLL By George W. Brewster Jr.

Author's Note: My interview with Greg Knoll occurred on April 6, 2023; he reviewed and approved of the article as printed below, well before his death on August 27, 2023 at the age of 75. The profile remains as he saw it. Friends and like-minded advocates knew that Greg would fight with everything he had for anyone in need, and he did this day in and day out for 50 years. He is what the SDCBA would consider a true Legal Legend, and his death has been widely mourned. The few hours I spent with him for this article were meaningful and powerful, although I did note — but did not discuss in the article — his slight references to, and concern for, his health. I am saddened that he didn't live to enjoy his retirement, but he nonetheless lived a full and purpose-driven life. The Legal Aid Society of San Diego celebrated his life at what was to be his retirement party, on October 7.

reg Knoll is certainly not the retiring type. He is persistent, dedicated, emotional, and maybe a little kick-ass. He is true to all of that, and yes, it is also true that he is stepping down after nearly 50 years as the CEO/Executive Director/Chief Counsel for Legal Aid Society of San Diego, Inc., the largest poverty law firm in the county. Knoll graduated from Rutgers University School of Law (Newark) in 1972 and moved to San Diego in 1973 on a Howard Fellowship in Poverty Law. He came on board the Legal Aid Society of San Diego in September 1973, and was admitted to the California Bar in June 1974. That same June he was named as the interim CEO/Chief Counsel for the office upon the departure of Steve Hartwell, and then appointed formally to the position in January 1975. Knoll recalled his interview with a hiring panel that included Lynn Schenk, who were interviewing the three

SAN DIEGO LAWYER

September / October 2023

finalists for the CEO position. Schenk asked the applicants if they were willing to show a leg to get the job. The other two applicants were offended, but Knoll asked “drop trou or leg on the table?” After that, Schenk said “He’s the one.” But before any of that, all the 6’2” tall Knoll wanted to do was play pro basketball. He played in high school, and on a basketball scholarship with the University of Missouri in Columbia, and at the University of Bridgeport in Connecticut. But his friends noted he was an argumentative chap and convinced him to consider applying to law school. Rutgers appealed to him as it presented “a vibrant ‘get out and do good things’ type of education.” And that is what he did. When Knoll first headed up Legal Aid, there were less than two dozen lawyers on staff and the starting annual salary was $9,000; in 2023 there are 222 employees (90 full-time lawyers and over 200 volunteers) with an annual

Why I Lawyer budget of $25 million, and salaries starting at $73,000. The office now closes out between 11,000 and 13,000 cases a year; Knoll notes he has no comparable data from 1974, since that predated office computers. One recent trend that disturbs Knoll is that there are fewer applicants for Legal Aid attorney positions, due to COVID-19 and workplace attitudes. “It used to be that every placement ad got 25 or more applicants, but now it is like no one wants to go back to work.” His successor, Joanne Franciscus, is currently the Chief Operating Officer of LASSD, and has been with Legal Aid for the last 10 of her 19 years in practice. Like Knoll, she hails from New Jersey, and also like Knoll she discovered early in her career the importance of public policy work — in her case, working for an anti-human trafficking organization in D.C. “I remember when I joined the Executive Management team [of LASSD], Greg talked about ‘servant leadership.’ He said, ‘Our job is to make sure the staff have everything they need to do their job; to make their lives easier, not the other way around,’” she said. “That leadership philosophy really resonated with me. I’ve known a lot of lawyers who were dedicated to their jobs, but I have never met anyone who poured as much of their heart and soul into their work as Greg does. His commitment to the organization, staff, and our clients is truly inspirational.” Franciscus said she is honored to be “entrusted to carry on the legacy that Greg has built. LASSD has been a pillar of the community and instrumental in providing access to justice for over a century. The work that we do day in and day out fighting against systemic injustice and poverty transforms people’s lives. Our society is at a critical point in time when ensuring equitable access to free, quality legal representation is more important than ever if we want to reach the ultimate goal of equal access to justice, and I look forward to leading LASSD’s efforts toward achieving that goal.” Legal Aid is a huge organization to manage, and has 56 different funding sources, although the two main sources are the Legal Services Corp (established in 1974), and the County of San Diego, which supports a number of programs including SSI Advocacy with the goal of getting people off general relief. Knoll’s office handles 2,000 to 3,000 cases at any one time dealing with homeless or near homeless, and he estimates that 85 percent of those clients have serious mental illnesses. His office also advocates for better health care under its Consumer

Center for Health Education and Advocacy, one of the first comprehensive education and advocacy centers for physical and mental health consumers eligible to receive healthcare from federal, state and county programs. Knoll is also one of the founders of Health Consumer Alliance, a collaborative effort of ten California legal services programs. Knoll raised two sons as a single parent, one of whom has suffered with behavioral health issues most of his adult life. He met his current wife, Jo Anne SawyerKnoll, when she was hired for the San Diego Legal Aid office in 1990. “I married the best employee I ever had,” he said, with great conviction. Knoll gets as emotional talking about his family as he does about the homeless and others living below the poverty line. Although the budget and number of employees is substantial, “It still isn’t enough given the need.” He is happy with the pendulum swinging away from locking people up who have mental health issues to providing better care and advocacy for mental health consumers, citing the recent creation of the CARE Court and personal rights/appropriate level of care advocacy. However, he urges vigilance to keep the pendulum from swinging back, even in micro steps. Don Rushing, retired partner, Morrison & Foerster and a past president and long-time member of the LASSD Board of Directors, described Knoll as a “passionate leader of the Legal Aid Society of San Diego. He’s done a remarkable job in building a first-rate law firm to serve the legal needs of our most vulnerable populations.” And, he noted, “in his younger days, he was a pretty fair basketball player!” Knoll’s proudest accomplishments don’t go back to his basketball days, but rather all center around his 50 years working with Legal Aid, with the satisfaction of being able to help so many people in need. He particularly notes the growth in budget and quality of work performed by his office. In 2013 he was chosen as SDCBA’s Outstanding Attorney of the Year, and in 2022 he was appointed to the California State Bar Board of Trustees, the first director of a legal aid program to be appointed to that governing body.

George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel.

SAN DIEGO LAWYER

September / October 2023

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SDCBA MEMBER PROFILE JAMES YOUNG HURT Sheppard Mullin

Areas of practice: Intellectual Property — Patent Litigation & Patent Prosecution

What initially inspired you to practice law? Law is a second career for me. I had a 15-year engineering career with Qualcomm before I attended law school. I went to law school with the intention of becoming a patent prosecutor and helping inventors obtain patents because of my less-than-stellar experiences with patent attorneys as an inventor for Qualcomm. While in law school, I met with a number of attorneys and more than one told me that my personality and drive made me well suited to be a litigator. I decided to give patent litigation a chance and I haven’t looked back since — but I still do some patent prosecution on the side as well. What is your proudest career moment? While I am quite proud of the excellent work I have done for my commercial clients, I must say that my proudest moments as an attorney have come through my pro bono work with the San Diego Volunteer Lawyer Program. I have helped numerous clients in San Diego obtain guardianships. As a former abandoned child myself, I am passionate about helping others who are willing to care for and love an unwanted child. What fills your time outside of work? I am very busy with my family. My wife and I have three

daughters. My eldest will be a sophomore in college, my middle is starting her senior year of high school, and my youngest will be starting seventh grade in the fall. Keeping up with all of them keeps me occupied. “If I weren’t an attorney, I’d be ...” An engineer! What is your favorite movie, book, or TV show? Why? Generally speaking, I don’t consume a lot of media these days. But when I do, I like romantic comedies. I like them because they are light-hearted, entertaining, and cute, and do not require a lot of brain power for me to follow along. My wife is pretty good at knowing if I will like something or not. She often watches K-dramas and if she thinks I will like it, she suggests it to me and tries to get me to watch it with her. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Public speaking is a skill just like any other — developing it must be intentional and requires practice and dedication. There are many different forms of public speaking, whether it’s in the courtroom, doing presentations, giving a speech at a wedding, speaking on a panel, providing your thoughts in a meeting, or conferring with opposing counsel. Each form has different considerations and requires different techniques to be effective. I highly recommend ToastMasters as it provides a low-risk, collaborative environment to learn and practice. What would you most like to be known for? As a good person and a caring friend.

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September / October 2023

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VOICES FOR JUSTICE: CELEBRATING SAN DIEGO COUNTY’S VOLUNTEER HEROES SPOTLIGHT ON ALEX MORENO, SAN DIEGO COUNTY BAR FOUNDATION BOARD MEMBER In this edition of “Voices for Justice,” we shine the spotlight on Alex Moreno, a trailblazer in the legal community, a passionate advocate for equal access to justice, and a distinguished Board member of the San Diego County Bar Foundation (SDCBF). Beyond his role on the Foundation’s Board, Alex serves as the esteemed Chair of the Development Committee, leading efforts to find new ways to connect with potential donors and bolster support for pro bono legal providers and ensure a brighter future for those in need. In this exclusive interview, we delve into his motivations for pursuing a career in law, the profound impact of his pro bono efforts, and his vision for advancing the Foundation’s vital work. Join us as we explore Alex’s remarkable journey and his unwavering commitment to creating positive change in the lives of those he serves. SDCBF: Can you tell us about some of your notable professional accomplishments? Mr. Moreno: I am a litigation partner at Sheppard Mullin Richter & Hampton. Just this year, I was chosen to act as the Office Managing Partner for our San Diego office. My practice is varied and interesting. I do consumer class action defense for large financial institutions. I also have cases involving shareholder disputes, including federal securities fraud or derivative lawsuits. At my prior firm, I handled plaintiff’s side derivative lawsuits, so I have a strong background in corporate governance. Finally, my fluency in Spanish has allowed me to work on some interesting cross-border arbitrations involving international business disputes venued in San Diego. All in all, I relish the satisfaction of filing a well-reasoned brief and having the opportunity to think on my feet during oral argument to get the outcomes my clients deserve under the law. SDCBF: What motivated you to pursue a career in law? Mr. Moreno: I grew up in Tijuana and my father

was a lawyer in Mexico. As a child, I was always fascinated by ideas and argument. There can be many explanations for why things are the way they are. I enjoyed listening to people’s beliefs and, more importantly, evaluating the reasons why they held their beliefs. As a result, I regularly got into debates with family and friends regarding so-called difficult topics, including religion, economics, and politics. I enjoyed the conversations and was able to keep my cool even when things got heated. As I got older, I realized that being an attorney was my calling. I focused my efforts on exactly that and have been happily practicing ever since. I enjoy the profession and litigation. It is fun to construct a tight brief or to have an oral argument before an engaged judge. Separately, I enjoy when I can have civil relations with opposing counsel. They are fellow attorneys and are just doing their job. If they fight hard, but above the belt and are good at what they do, opposing counsel may even get a future referral from me (I’ve done it before!). SDCBF: Can you tell us more about your work with SDCBF? Mr. Moreno: The SDCBF is a wonderful organization to volunteer for and donate to. We fund and vet the premier pro bono legal providers in our community. We also evaluate start-up pro bono providers with the hope of providing seed money that will ultimately lead to the increased provision of pro bono legal services to the underserved in our community. I’ve been serving on the Board of the SDCBF for over six years. In those six years, I’ve been able to cement good relationships with my fellow Board members, enjoy the great Evening in La Jolla annual party/ fundraising event, and most importantly help direct significant funding to the pro bono grant applicants who are doing necessary pro bono work in our community.

SDCBF: What are your goals within your legal career and SDCBF? Mr. Moreno: My goal for the foundation is to continue its mission to raise funds for pro bono legal providers in my community. I am one of the longest serving members currently serving on the board. To accomplish my goal of ensuring the Foundation’s continuity, I will start thinking about succession and the right person to recruit to take my place when it becomes time to pass the baton. As far as my personal goals, I want nothing more than to continue expanding my knowledge of the law and to grow my list clients. I am a true law nerd and hope to continue having clients trust me with their legal disputes. Every legal dispute is a puzzle to be solved and getting it done in a way that protects your client’s interests is very satisfying. SDCBF: How have leveraged your legal expertise to advance the causes that SDCBF focuses on? Mr. Moreno: Since I started my career at Sheppard Mullin, I have made it my mission to always have at least one active pro bono matter. My background as a Mexican American, who is fluent in Spanish, has allowed me to focus my efforts on immigration matters for both Casa Cornelia and the San Diego Volunteer Lawyer’s Program. Recently, I have had success helping young Spanish-speaking immigrants obtain a guardian in the United States and, ultimately, obtain legal status as special immigrants. It is my great honor to know that the SDCBF has funded both Casa Cornelia and the San Diego Volunteer Lawyer’s Program for many years.

619-231-7015 | info@sdcbf.org | SDCBF.org SAN DIEGO LAWYER

September / October 2023

JAMS

George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel.

Local Solutions. Global Reach.

THANK YOU

100% CLUB 2023 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. 100% Club member list as of October 2023

Allen Matkins Leck Gamble Mallory & Natsis LLP Ames Karanjia LLP Antonyan Miranda, LLP 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 BioMed Realty Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bobbitt, Pinckard & Fields, APC Brierton Jones & Jones, LLP Buchanan Ingersoll & Rooney PC Burke, Williams & Sorensen, LLP Burton Kelley, LLP Butterfield Schechter LLP California Western School of Law Case Harvey Fedor Casey Gerry Chalifoux, Brast, Thompson & Potocki APC Christensen & Spath LLP Cohelan Khoury & Singer Dean Gazzo Roistacher LLP Devaney Pate Morris & Cameron, LLP Dietz, Gilmor & Chazen, APC District Attorney’s Office of San Diego Donald R. Holben & Associates, APC Duckor Metzger & Wynne ALC Erickson Law Firm APC Ferris & Britton, APC Fitzgerald Knaier LLP Flanagan Law, APC Fleischer & Ravreby

Gatzke Dillon & Ballance LLP Genesis Family Law, APC GrahamHollis APC Green Bryant & French, LLP Greene & Roberts LLP Grimm, Vranjes Greer Stephan & Bridgman LLP

Hahn Loeser & Parks, LLP Hegeler & Anderson APC Henderson, Caverly, Pum & Trytten LLP Higgs Fletcher & Mack LLP Hoffman & Forde Hooper, Lundy & Bookman, PC Horton Oberrecht & Kirkpatrick, APC Hughes & Pizzuto, APC Jackson Lewis PC Johnson Fistel LLP Judkins, Glatt & Rich LLP Karen D. Wood & Associates Klinedinst PC Koeller Nebeker Carlson & Haluck LLP Konoske Akiyama | Brust LLP Kriger Law Firm Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP McCloskey Waring Waisman & Drury LLP McDougal Boehmer Foley Lyon Mitchell & Erickson Miller, Monson, Peshel, Polacek & Hoshaw MoginRubin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McCabe & Hudson APLC Niddrie | Addams | Fuller I Singh LLP Noonan Lance Boyer & Banach LLP Office of the Carlsbad City Attorney

Office of the Public Defender Office of the San Diego City Attorney Pettit Kohn Ingrassia Lutz & Dolin PC Pillsbury Winthrop Shaw Pittman LLP Preovolos Lewin, ALC Procopio, Cory, Hargreaves & Savitch LLP Quarles Rowe | Mullen LLP San Diego County Counsel San Diego Unified Port District Schaffer Family Law Group Schor Vogelzang & Chung LLP Schulz Brick & Rogaski Schwartz Semerdjian Cauley & Evans LLP Seltzer|Caplan|McMahon|Vitek ALC Sheppard, Mullin, Richter & Hampton LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Settler, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stokes Wagner, ALC Sullivan Hill Rez & Engel APLC Sullivan, McGibbons, Crickard & Associates, LLP Thorsnes Bartolotta McGuire LLP Tresp, Day & Associates, Inc. Walsh McKean Furcolo LLP Webb Law Group, APC Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes ALC Wingert Grebing Brubaker & Juskie LLP Wirtz Law APC Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L'Estrange & Ergastolo

SAN DIEGO LAWYER

September / October 2023

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or 43 years, Frantz Law Group (FLG) has been a powerhouse player in some of the nation’s most significant, high-stakes litigation. From 2020-23 alone, the firm secured over 60 multimillion-dollar individual awards (totaling over $400 million) and helped attain several multibillion-dollar settlements that have benefited thousands of FLG clients1. Founder James P. Frantz is driven by the belief that every person’s life is significant, and no injured victim should go uncompensated when their lives have been upended by the negligence of others. Bringing litigation against the reckless and negligent parties many times leads to significant safety changes in behavior and attitude that will presumably negate future harm to others.

Wildfire, Gas Blowouts, JUUL For the last 3 decades, FLG has represented victims of wildfires caused by public utility negligence—namely the 2017 North Bay Fires, the 2017 Thomas Fire and Montecito Mudslide, the 2018 Camp Fire and Woolsey Fire, the 2019 Getty Fire, Kincade Fire and Saddleridge Fire, the 2020 Mountain View Fire and Bobcat Fire, the 2021 Dixie Fire and in 2022 the McKinney, Mill, Mosquito and Fairview Fires. FLG is currently representing over 6,700 victims associated with these wildfires.

As a result of the largest methane gas leak in United States history, more than 35,000 residents (FLG represents 8,202 clients) of the Porter Ranch community are being compensated by the $1.8 billion settlement secured by FLG and other law firms representing clients2. On behalf of nearly 1,000 school districts nationwide, FLG achieved a positive outcome against JUUL Labs Inc. wherein JUUL agreed to pay $1.2 billion for causing the U.S. youth-vaping epidemic. Although the case was settled against JUUL, another defendant known as Altria remains. A trial took place in the United States District Court for the Northern District of California and a proposed Altria global settlement3 is $235 million and pending. “We’re passionate about protecting society’s most vulnerable populations against entities that seek to exploit victims for financial gain, and we advocate for those who have been wronged by negligence and reckless misconduct. Our landmark verdicts/settlements serve as a reminder to large corporations (and individuals) that engage in reckless misconduct will not be tolerated or go unpunished. These cases have the power to force long-term corporate and individual safety change,” says Frantz.

Preparing for Success With 16 lawyers, 30 staff members, and 13 offices throughout California and Hawaii, FLG has the manpower and decades-earned experience to execute winning trials and settlements of the highest caliber. To prepare for the most complex cases, the firm assembles a mock trial (or mock trials) to present both the plaintiff and defense side, a process that fine-tunes FLG’s strongest arguments and exposes case weaknesses. Mock jurors offer valuable insight as to the quality, clarity, and persuasiveness of the evidence. FLG has been ranked Tier 1 in U.S. News – Best Lawyers® “Best Law Firms” from 2010-23 for mass tort litigation/class actions - plaintiffs. James Frantz is a fellow and associate of the American Board of Trial Advocates, is AV® rated by MartindaleHubbell®, is a 30-year Special Master appointed by the State Bar of California and a 20-year Master in The Enright Chapter, American Inns of Court. Each case is dependent upon its particular facts, and no prior result is a guarantee or prediction of another case’s possible outcome. Nonetheless, our prior cases show the kind of results we can often achieve. 1

This is the amount recovered by all victims as part of a collective settlement. Under the settlement terms, each plaintiff ’s recovery is determined based on various factors. This amount is not the total recovered by Frantz Law Group clients 2

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James P. Frantz approves the content of this advertisement. This advertisement is not an endorsement by the SDCBA.

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DISTINCTIONS The following individuals in our community were recently honored for their achievements. If you achieve a professional success, feel welcome to submit it to bar@sdcba.org for inclusion in an upcoming issue of San Diego Lawyer. SDCBA Member Richard Benes has been named as the 2023 Appellate Lawyer Hall of Fame Recipient. He was among the first attorneys certified as appellate specialists in 1996 and retired from practice in 2023.

SDCBA Past President Renée N.G. Stackhouse has been appointed to serve as a Judge in the San Diego County Superior Court.

SDCBA member Jason Sheinberg, Founder and President of San Diego firm Sheinberg Law Group, has been appointed to the American Bar Association's (ABA) House of Delegates.

Recent SDCBA Board of Directors member Wilson Adam Schooley was named Pro Bono Manager and Supervising Attorney for San Diego Volunteer Lawyer Program. In this management role, he supervises and counsels professional staff, recruits legal volunteers, directs case placement, develops training materials, supervises pro bono attorneys, develops and manages pro bono projects, and sustains and develops partnership opportunities with law firms and corporate law departments, law schools, bar associations, and the judiciary.

PASSINGS Greg Knoll, longtime CEO/Executive Director and Chief Counsel of the Legal Aid Society of San Diego (LASSD), passed away on August 27, 2023. Greg served as CEO of LASSD for 50 years and helped hundreds of thousands of people during his lifetime. A profile piece on Greg's life and a few of his many accomplishments, including an interview conducted just prior to his passing, can be found on pages 36-37 of this issue. He will be greatly missed.

SAN DIEGO LAWYER

September / October 2023

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