Celebrating 125 years serving the san diego legal community ®
® JAN/FEB 2024
STACEY A .
Kartchner
2024 SDCBA PRESIDENT
Featuring: DIVERSITY AND THE SAN DIEGO JUDICIARY COMMUNITY LAW PROJECT: LEARNING THROUGH DIRECT SERVICE IN THE COMMUNITY PRO TIPS TO IMPROVE YOUR SOUTHERN DISTRICT PRACTICE
Find Your next expert Looking for an expert who is qualified to give legal testimony or offer consultation, litigation, or dispute resolution services? Visit the SDCBA’s brand new online directory to find your next expert. Our online search makes it simple to identify providers with the right expertise for your needs.
www.Firststopexperts.com/sdcba
M A R G O R P G N I MARKET
The Low-Cost Way to Gain More Clients Receive consistent, high-quality referrals through the San Diego County Bar Association’s Lawyer Referral and Information Service (LRIS).
discounted enrollment fee offered to SDCBA members — your membership will immediately pay for itself).
These referrals pay — in 2023, LRIS helped participating attorneys gain just under 60,500 qualified clients, resulting in nearly eight million dollars in legal fees earned.
Lawyers trust LRIS because we carefully pre-screen potential clients to ensure we only send you referrals that match well with your practice area.
Plus the cost is much lower than other marketing methods, including advertising, SEO, listing/rating services, you name it (lower still with the highly
Best of all, by participating in LRIS, you will be helping clients access quality legal services they wouldn’t find otherwise — a true win-win.
Request your LRIS application: 619.321.4150 or LRIS@sdcba.org
LAW YER REFERRAL & INFORMATION SERVICE
San Diego & Imperial Valley Counties
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LETTER FROM THE EDITOR by Genevieve A. Suzuki
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THE REWIND: Celebrating the Bar by George W. Brewster Jr.
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LAW SCHOOL COLUMN by LeBrian Mays
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2024 SECTION AND DIVISION EXECUTIVE COMMITTEES
ETHICS Shiny New Toys: The Benefits And Risks Of Generative Ai by Edward McIntyre
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WHAT TO DO WHEN: Your Client Disappears by Edward McIntyre
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TECHNOLOGY Tech Tips and Tidbits by Bill Kammer
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VOICES FOR JUSTICE: Celebrating San Diego County's Volunteer Heroes
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WHY I LAWYER by Taneashia R. Morrell
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CONGRATULATIONS The SDCBA celebrates the success of those who passed the bar exam in December 2023. DISTINCTIONS AND PASSINGS Community members honored and remembered. PHOTO GALLERY
STACEY A .
Kartchner
2024 SDCBA PRESIDENT
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DIVERSITY AND THE SAN DIEGO JUDICIARY by Rafael J. Hurtado
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PRO TIPS TO IMPROVE YOUR SOUTHERN DISTRICT PRACTICE by Ian Pike
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STACEY A. KARTCHNER 2024 SDCBA PRESIDENT by Karen Korr
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THE BACHLAWRETTE The Model Rules of Dating Procedure
30 Page
COMMUNITY LAW PROJECT: Learning Through Direct Service In The Community by Ted Janowsky
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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 February 2024
PATRON
MEMBERS
Marc D. Adelman
James P. Frantz
Kristin Rizzo
Alicia Aquino
Michelle Ann Gastil
Ana M. Sambold
Danielle Patricia Barger
Douglas A. Glass
Seana Kelly Scholtemeyer
Hon. Victor E. Bianchini (Ret.)
Alvin M. Gomez
Khodadad Darius Sharif
Jedd E. Bogage
Stephen M. Hogan
Elisabeth Silva
Tanisha Bostick
Ted Holmquist
David G. Sizemore
James A. Bush
Emily Howe
Christopher J. Sunnen
Andy Cook
A. Melissa Johnson
Genevieve A. Suzuki
Steven T. Coopersmith
Stacey A. Kartchner
Cassandra C. Thorson
Ezekiel E. Cortez
Carla B. Keehn
Bill VanDeWeghe
Taylor Darcy
Laila Khosroabadi
Thomas J. Warwick
Warren K. Den
Garrison "Bud" Klueck
Lenden F. Webb
John A. Don
Kevin Timothy May
Jon Webster
William O. Dougherty
Hon. William McCurine, Jr.
Daniel Weiner
Alexander Isaac Dychter
Jillian M. Minter
Andrew H. Wilensky
James J. Eischen Jr.
Virginia C. Nelson
Timothy G. Williams
Matthew J. Faust
Deborah A. Ortega
Karen M. ZoBell
Sergio Feria
Anthony J. Passante
Nicholas J. Fox
Frank J. Polek
FR I END
MEMBERS
Pedro Bernal Bilse
Mark Kaufman
Michelle L. Silva
James Gregory Boyd
Randall E. Kay
Hon. Stephanie Sontag
Linda Cianciolo
Philip John Mauriello
Peter B. Tentler
Susanne de la Flor
Valeria Medina
Michael A. Van Horne
David B. Dugan
Anne Perry
Robert F. Egenolf
Kristi E. Pfister
SAN DIEGO LAWYER EDITORIAL COMMITTEE
®
®
Issue 1, January/February 2024
Issue no. 1. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 330 A Street, San Diego, CA 92101. Phone is (619) 231-0781.
Co-Editors Genevieve A. Suzuki
Vaani Chawla
Editorial Committee Victor Bianchini George Brewster Michael Crowley Jodi Cleesattle Jenn French Rafael Hurtado
Isaac Jackson Edward McIntyre Kalli Sarkin Wilson Schooley Andrea Warren
SAN DIEGO COUNTY BAR ASSOCIATION
The price of an annual subscription to members of the San Diego
Board of Directors
County Bar Association is included in their dues. Annual subscriptions to all others: $50. Single-copy price: $10.
President Stacey A. Kartchner
Secretary Tatiana Kline
Periodicals postage paid at San Diego, CA and additional mailing
President-Elect Michelle A. Gastil
Treasurer Spencer Scott
offices. POSTMASTER: Send address changes to San Diego Lawyer, 330 A Street, San Diego, CA 92101. Copyright ©2024 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.
Immediate Past President Melissa Johnson Directors Leslie Abrigo Michael L. Crowley Nicole D’Ambrogi Jason Evans Sarah Garrick Nicole Heeder Brandon Kimura
Flavio Nominati Stephanie Pengilley D. Elisabeth Silva Cynthia L. Stratton Timothy G. Williams Fanny Yu
Diversity, Equity, & Inclusion Division Representative Taneashia Morrell New Lawyer Division Representative Elijah Gaglio
SDCBA Staff — San Diego Lawyer 330 A Street, San Diego, CA 92101 Phone (619) 231-0781 • bar@sdcba.org • www.sdcba.org
Executive Director Bill Baldwin
Senior Designer Attiba Royster
Director of Marketing & Outreach Ron Marcus
Marketing Communications Manager Nicole Behar
ADVERTISERS INDEX JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Judicate West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Lawyer Referral & Information Service . . . . . . . . . . . . . .3 The McHard Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Monty A. McIntyre, Esq. . . . . . . . . . . . . . . . . . . . . . . .35
OnPoint Mediation Services . . . . . . . . . . . . . . . . . . . . .31 San Diego County Bar Foundation . . . . . . . . . . . . . . . . .18 Signature Resolution . . . . . . . . . . . . . . . . . . . . . . . . .22 Todd Bulich Real Estate Company, Inc. . . . . . . . . . . . . . .48 West Coast Resolution Group (NCRC) . . . . . . . . . . . . . . .20
SAN DIEGO LAWYER
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THANK YOU
100% CLUB 2024
2024
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 2024. Your commitment to the San Diego legal community is greatly appreciated. 100% Club member list as of February 2024
Allen Matkins Leck Gamble Mallory & Natsis LLP
Flanagan Law, APC
Neil, Dymott, Frank, McCabe & Hudson APLC
Allen, Semelsberger & Kaelin, LLP
Fleischer & Ravreby
Niddrie | Addams | Fuller | Singh LLP
Ames Karanjia LLP
Gatzke Dillon & Ballance LLP
Noonan Lance Boyer & Banach LLP
Antonyan Miranda, LLP
Genesis Family Law, APC
Office of the Carlsbad City Attorney
Appellate Defenders, Inc.
Goodwin Brown Gross & Lovelace LLP
Office of the Public Defender
Astuno Sabel Law PC
Green Bryant & French, LLP
Office of the San Diego City Attorney
Atkinson, Andelson, Loya, Ruud & Romo
Greene & Roberts LLP
Pettit Kohn Ingrassia Lutz & Dolin PC
Beamer, Lauth, Steinley & Bond, LLP
Grimm, Vranjes Greer Stephan & Bridgman LLP
Preovolos Lewin, ALC
Beatrice L. Snider, APC
Gruenberg Law
Procopio, Cory, Hargreaves & Savitch LLP
Bender Kurlander Hernandez & Campbell, APC
Hahn Loeser & Parks, LLP
Quarles
Best Best & Krieger, LLP
Henderson, Caverly & Pum, LLP
San Diego Unified Port District
BioMed Realty
Higgs Fletcher & Mack LLP
Schor Vogelzang & Chung LLP
Blackmar, Principe & Schmelter APC
Hoffman & Forde
Schwartz Semerdjian Cauley & Evans LLP
Blanchard Krasner & French
Hooper, Lundy & Bookman, PC
Seltzer|Caplan|McMahon|Vitek ALC
Bobbitt, Pinckard & Fields, APC
Horton Oberrecht & Kirkpatrick, APC
Sheppard, Mullin, Richter & Hampton LLP
Brierton Jones & Jones, LLP
Hughes & Pizzuto, APC
Shustak Reynolds & Partners, PC
Buchanan Ingersoll & Rooney PC
Jackson Lewis PC
Siegel, Moreno & Settler, APC
Burton Kelley, LLP
Judkins, Glatt & Rich LLP
Solomon Minton Cardinal Doyle & Smith LLP
Butterfield Schechter LLP
Karen D. Wood & Associates
Solomon Ward Seidenwurm & Smith, LLP
Case Harvey Fedor
Kennedy & Souza, APC
Stokes Wagner, ALC
Casey Gerry
Klinedinst PC
Sullivan, McGibbons, Crickard & Associates, LLP
Chalifoux, Brast, Thompson & Potocki APC
Koeller Nebeker Carlson & Haluck LLP
Thorsnes Bartolotta McGuire LLP
Christensen & Spath LLP
Kriger Law Firm
Tresp, Day & Associates, Inc.
Cohelan Khoury & Singer
Legal Aid Society of San Diego, Inc.
Walsh McKean Furcolo LLP
Dean Gazzo Roistacher LLP
Lincoln Gustafson & Cercos LLP
Webb Law Group, APC
Devaney Pate Morris & Cameron, LLP
Macdonald & Cody, LLP
Wilson Turner Kosmo LLP
Dietz, Gilmor & Chazen, APC
McCloskey Waring Waisman & Drury LLP
Winet Patrick Gayer Creighton & Hanes ALC
District Attorney’s Office of San Diego
McDougal Boehmer Foley Lyon Mitchell & Erickson
Wirtz Law APC
Donald R. Holben & Associates, APC
Miller, Monson, Peshel, Polacek & Hoshaw
Witham Mahoney & Abbott, LLP
Duckor Metzger & Wynne ALC
Mintz Levin
Withers Bergman LLP
Fennemore
MoginRubin LLP
Wright, L'Estrange & Ergastolo
Ferris & Britton, APC
Moore, Schulman & Moore, APC
Fitzgerald Knaier LLP
Musick, Peeler & Garrett LLP
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LET TER FROM THE EDITOR By Genevieve A. Suzuki
A
s we ring in the New Year, we are facing a 2024 that will feature a contentious national election, historical cases, and decisions that will likely be on par with Bush v. Gore and United States v. Nixon. Although we may not deal on a local level with matters directly associated with what is going on nationally, many of us may be inevitably drawn into heated exchanges with friends and colleagues. It is at those times we will need to cling to the rules of civility, remembering that this, too, shall pass, while our relationships will (hopefully) remain. Civility is not always easy when it comes to passion, politics, and the law. It serves, however, as a guardrail for when it seems discourse is precariously close to devolving into argument. According to Cassandra Dahnke and Tomas Spath, the founders of the Institute for Civility, “Civility is claiming and caring for one’s identity, needs, and beliefs without degrading someone else’s in the process.” San Diego Lawyer magazine aims this year to print stories about all of us. We want to introduce the attorney next to you who attends weekly jujitsu lessons, the judge who surfs regularly in Encinitas, and the law student operating a side hustle on Etsy. Meeting each other on a more human level may help us extend that ever-important olive branch next time we are on opposite sides of the aisle. And while we are granting grace to one another, it may be a good idea to keep more than a little for ourselves. Despite the stereotypical ambulance chaser taunts or the “what do you call a thousand attorneys at the bottom of the sea?” kind of jokes, being an attorney is not for the fainthearted. Our work impacts people’s livelihoods and families, and most of us go home worrying about our clients and how our legal advice will affect them, only ceasing when we finally get to sleep. There is a reason there are continuing legal education presentations and a
San Diego County Bar Association committee devoted to attorney wellness. Anxiety, stress, and depression are not unfamiliar states for people in our field, and we should stay vigilant of triggers that may injure our mental and emotional health. Self-care, something that seems selfish or unimportant when held up against billables, must be prioritized so we can be our best selves — as attorneys, spouses, parents, and children. Zealous advocacy does not have to mean complete commitment without care for our own well-being. According to the Chinese zodiac, 2024 is the Year of the Green Wooden Dragon, indicating spiritual growth and harmony. This coming year, San Diego Lawyer will feature articles on wellness and self-care, including profiles on professionals in our community who have figured out a way to balance the practice of law with basic human needs. In the meantime, as I move into my second year as editor of this publication, I am excited to work with our editorial team to present your inspiring stories. I am also grateful to my former co-editor, Gayani Weerasinghe, who advocated for self-care amid editorial duties. Thank you, Gayani, for your kindness and stewardship. I hope to continue your good work with our magazine. May 2024 be a year of peace and prosperity for all. If you have a story idea for our magazine or would like to suggest a colleague to be covered, please email Genevieve A. Suzuki at gen@suzukilaw.co. Genevieve A. Suzuki has her own practice, Law Office of Genevieve A. Suzuki, A.P.C., primarily focusing on family law and restraining orders.
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LAW SCHOOL COLUMN BY LeBRIAN MAYS
A
s a law student, one is often asked, “What type of law do you want to practice?” Having worked for nearly a decade as a bodily injury claims adjuster and supervisor, I initially thought I would become a personal injury, insurance defense, or employment attorney. However, two recent experiences exposed me to potential alternative career paths.
During the fall term, I had the pleasure of externing for the Honorable John A. Houston in the U.S. District Court, Southern District of California. The externship challenged me to advocate in a new and profound way — not for a plaintiff or defendant, but for justice. Law school teaches students how to synthesize rules and cases, analyze a fact pattern, and predict a likely outcome — a substantially more difficult task when a suit has multiple issues, the
Last summer, I had the privilege of being selected as the Qualcomm Scholar Summer Associate in Jones Day’s San Diego office — a joint venture that allowed me to participate in the firm’s summer associate program and work with Qualcomm’s in-house legal department. I worked on numerous projects that enhanced my legal reading comprehension and writing skills. I had the opportunity to, among other tasks, draft memoranda related to complex business and tort litigation; conduct 50 state surveys; and revise employee tuition reimbursement forms and guidelines. Interestingly, I found one practice area particularly intriguing: technology transactions.
facts are complicated, and the law favors both parties. I found both the arduous process of analyzing a complex matter with the requisite depth and the Court’s decisionmaking process to be immensely rewarding and fulfilling.
The idea of business, technology, and law intersecting to create world-changing possibilities captivated me. My law school experience has consisted of a litigation-heavy course load. However, through the summer associate program, I was able to attribute concrete meaning to the previously enigmatic phrase: transactional law. The program persuaded me to tailor my studies and future practical experiences to substantively explore transactional law.
I have spoken with several former judicial law clerks in the past who described their time at the court as “amazing” and “intellectually challenging.” Upon completing my externship with Judge Houston, I now share a similar positive sentiment toward this type of work and am immensely interested in pursuing a clerkship following graduation. As I reach the halfway point of my law school career, I stand incredibly grateful for the opportunities I have had to expand my legal knowledge thus far. Looking ahead, I am excited to see what new experiences await me and how these prolific undertakings will shape my future interests in the law. LeBrian Mays, a San Diego native, is a second-year law student at California Western School of Law. He is currently a Judicial Extern for the Honorable James E. Simmons in the U.S. District Court, Southern District of California.
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.
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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.
SHINY NEW TOYS:
THE BENEFITS AND RISKS OF GENERATIVE AI Illustration by George W. Brewster Jr.
Macbeth, Sara, and Duncan had finished lunch. Clarence Jeffries marched up to the table. “Macbeth, did you see? Another lawyer filed a brief with made-up cases? Sanctioned.”
“But what about its efficiency in other areas?” “Like what? All I read about is guys who cite cases that don’t exist.”
“Yes, I read the sanctions order.”
“I’ll let Sara and Duncan explain. My technology brain trust.”
“What do you ethics gurus” — Jeffries waved toward all three — “think about that stuff?”
Sara spoke. “How long does it take a paraprofessional in your office to, say, summarize a deposition?”
“Well, it raises questions about competence. To say nothing about candor to a tribunal and —”
“Probably several hours. Real long. Most of the day.”
“Mind if I join you?” Jeffries pulled out the fourth chair. Macbeth smiled toward Sara and Duncan. “Please do.” “I see a lotta stuff in the news. You know, about ‘generative AI,’ whatever that is. What’s the ethics of all this?” “Broad question. What do you know about AI? Or, more recently, generative AI?” “Not much. Stay as far away from that stuff as I can.” “Really? Have you thought about how useful some of it can be?” “Nope. Don’t want my name in the paper. Set myself up for sanctions.” “Agree. We don’t use generative AI for legal research. And we read cases we cite.” “So there. That’s what I mean.”
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“What if generative AI could do it in minutes? Even less? Give you a solid summary that hits all the issues you wanted highlighted?” “Come on!” “I can’t demonstrate depo summaries here. But let’s try this. How long would it take you to do a draft of a letter to a client explaining confidentiality?” “Like, an hour. More if I had to look up cases.” Sara reached into her briefcase and pulled out a laptop. Duncan smiled. “I’m going to tell the program I use to do just that. You count the seconds.” “This a game?” “Start!” “One thou —”
“Stop!”
“Sure.”
She turned the laptop for Jefferies to see the screen. “What do you think? As a working draft?”
Sara interrupted. “They use AI.”
“Come on. You already had it in there. I mean, it’s even got citations.” “No, the program produced it. A working draft. Obviously, you have to check the cites. Another example?”
“Yeah, I’m old enough.”
“Draft letter to a client. Ah — about paying a bill.”
“Could we go back to that? Charge a client for all the time involved?”
Her fingers clicked across the keys. A document appeared in a blink.
“I see your point there but —”
He read. “Wow. Pretty slick.”
“AI and generative AI are just new tools. They have benefits. Also risks. We have to understand both. But can we ignore them as tools? I mean, ethically, ignore them?”
Macbeth spoke. “Likely not what you’d send to a client. Same with the letter about confidentiality. But decent working drafts. In seconds. Edit it and get it on its way in a fraction of the time it takes now.”
“You mean I’ve gotta start learning this stuff?”
“So. What’s that got to do with ethics?” Duncan answered. “Rule 1.1 requires competence. The first comment says ‘skill,’ as used in the rule, includes keeping abreast of the benefits and risks of technology.” Macbeth again. “Then rule 1.5. A fee charged could be unconscionable based on the time and labor required. Or the amount measured against the value of the service.”
Macbeth again. “Remember when we hiked to a library. Poured through digests. Pulled books off shelves. Read cases. Discarded some. Back to the digests. Again and again.”
Sara spoke. “Perhaps someone in your firm? Maybe the person who uses an AI program to screen ESI to respond to discovery?” “We send that stuff out. To a company.” Macbeth pushed back from the table. “Well, Clarence, perhaps we’ve given you some food for thought.” Jeffries grumbled. “Or indigestion.”
“Yeah, so?” “You use an online research tool, correct? Lexis? Westlaw?”
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
GOT A LEGAL ETHICS QUESTION? CALL THE LEGAL ETHICS HOTLINE: (619) 231-0781 x4145 The SDCBA Legal Ethics committee is here to help! SDCBA members can call our Legal Ethics Hotline* for guidance and perspective on a variety of ethical considerations in the practice of law. Your call will be taken by a seasoned attorney with significant experience in legal ethics issues. Simply call the hotline and leave a message with your phone number, your question, and any context you can provide that can help our attorneys research your question before responding. One of our Legal Ethics Committee members will call you back to discuss your question with you. *Before calling, please read the following disclosure: https://www.sdcba.org/docDownload/47105.
TECHNOLOGY BY BILL KAMMER
TECH TIPS AND TIDBITS 2024 Relevant Rule Changes As usual, new laws and rules took effect with the New Year. Among those that concern technology professionals is an amendment to the compulsory MCLE requirements that adds to the “special subjects” one hour of education addressing technology in the practice of law. Rule 2.72(C) (2). https://www.calbar.ca.gov/Portals/0/documents/rules/ Rules_Title2_Div4-MCLE.pdf The local Superior Court has amended rule 2.1.10 to include a reference to matters referred to a “discovery department.” https://www.sdcourt.ca.gov/sites/ default/files/SDCOURT/GENERALINFORMATION/ LOCALRULESOFCOURT/2024_san_diego_county_ superior_court_rules.pdf. Perhaps this results from Senate Bill 235 which amended the Civil Discovery Act. https:// leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_ id=202320240SB235 Finally, we need a reminder of the amended Federal Rule of Evidence 702 that went into effect on December 1. That amendment may produce significant changes to the showing necessary to qualify a witness as an expert. https://www.uscourts.gov/sites/default/files/2023_ congressional_package_april_24_2023_0.pdf#=page210
Legal Hallucinations Redux Everyone seems to tout artificial intelligence as a substantial benefit to the legal profession, but experience so far suggests caution in assuming that accurate benefits are presently available. Stories abound of lawyers citing nonexistent cases, and many courts require certifications of AI usage in preparing arguments and briefs. https:// www.lexisnexis.com/community/insights/legal/b/practicalguidance/posts/ai-rules-tracker-find-out-if-your-courthas-adopted-rules-on-generative-ai
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Our profession’s experience with generative AI is all very recent, yet there are already serious studies of the propensity of Chat GPT and similar tools to produce false answers. Recent headlines include “AI models frequently ‘hallucinate’ on legal queries, study finds.” Some have concluded that generative AI tools are incredibly bad at legal work. Those concerns might be dismissed as speculative but for a recent quantitative study authored principally by data scientists at Stanford. Entitled “Large Legal Fictions: Profiling Legal Hallucinations in Large Language Models,” it found legal hallucinations are “alarmingly prevalent,” occurring almost 70% of the time with ChatGPT 3.5. This was no casual study because the researchers asked specific, verifiable questions about reported federal cases. “Taken together, these findings caution against the rapid and unsupervised integration of popular LLMs into legal tasks.” https://arxiv. org/abs/2401.01301
Hallucination Leaderboard The risk of hallucinations is real. You can review its quantification as tracked by the Hughes Hallucination Evaluation (H2EM) Model Leaderboard. It measures the hallucination rate of various LLMs and how often hallucinations occur in generated summaries of documents. The Leaderboard is available at https://huggingface.co/ spaces/vectara/leaderboard . Industry commentator Doug Austin provides more information about H2EM at https:// ediscoverytoday.com/2024/01/05/hughes-hallucinationevaluation-h2em-model-leaderboard-artificialintelligence-trends/ (The index is named for Simon Mark Hughes, the lead engineer on the Vectara project who recently passed away.)
Unfair Data Harvesting
Updated eDiscovery Buyer’s Guides
Evidence is mounting that consumers and legal
Marking the new year are the appearances of updated
professionals are not fully aware of the data they are
guides and evaluations of various tools and technologies.
contributing to companies who may broker that data to
Among them are onna’s “The eDiscovery buyer’s guide”
their customers. For instance, is your Smart TV spying
https://onna.com/ediscovery-software-buyers-guide, and
on you? The answer may be “yes,” but you may be able
a similar guide from mycase that focuses on a broad
to stop it from doing so. Veteran commentator Bob
range of legal technology https://www.mycase.com/
Rankin recently posted a discussion noting how Smart
guides/legal-tech-buyers-guide/. And Andrew Haslam
TVs harvest data including suggestions to minimize
regularly updates his definitive eDisclosure Systems
the information you are providing. Smart TVs. https://
Buyers Guide, now available online at https://
askbobrankin.com/is_your_smart_tv_spying_on_you_yes_
complexdiscovery.com/buyers-guide
and_heres_how_to_stop_it.html Similarly automobile manufacturers and automobile
Dot Com Trivia
insurers may harvest data from our cars. Several class
The internet is populated with top-level domains such
actions now focus on that issue though there has
as .edu, .org, .gov, and .net. However, the most common
been limited success. The Record recently published
and popular is .com, shorthand for commercial. It debuted
a report on one case containing further information
in 1985 although it didn’t catch on until the mid-1990s.
about the harvesting practices. https://therecord.media/
That interim period was characterized by a veritable
class-action-lawsuit-cars-text-messages-privacy
digital land boom when individuals, companies and cyber
Additional information about these various cases can
squatters rushed to register domain names including their
be found at Today’s General Counsel https://www.
own and certain generic sites.
todaysgeneralcounsel.com/vehicle-data-harvestingcontroversy-heading-up-the-appeals-chain/.
Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.
DIVERSITY AND THE SAN DIEGO JUDICIARY By Rafael Hurtado
D
uring the summer of 2020, the San Diego County Bar Association and several other partnering organizations held an event titled “Race, Civil Liberties, and the Legal Profession,” featuring Dr. Michele Bratcher Goodwin, an award-winning author, professor, and advocate. It was an important response to the Black Lives Matter movement and an opportunity for the San Diego legal community to reflect on our roles as lawyers, judges, professors, law students, and advocates. What could we do to create a better legal system, a system that implements true justice? At the time, I was president of the San Diego La Raza
Appointments Secretary. Since he became Secretary, San Diego County has seen an increase in the appointment of judges who are members of underrepresented communities. In 2023 alone, we saw the appointment of Latina Renée N.G. Stackhouse to the Superior Court, Latino Jose Scher Castillo to the Fourth District Court of Appeal, and Latina Patricia Guerrero to Chief Justice of the California Supreme Court. Latinxs have not been the only community to see an increase in representation. There has also been an increase in Native American, Asian, Black, and gay lawyers appointed to the bench. While much work remains to create a judiciary that truly reflects the makeup of the San Diego community, real progress is being made.
Lawyers Association and I reflected on this question through the Latinx lens. For me, the takeaway from Dr. Goodwin’s message was that as Latinx lawyers in San Diego, we have the responsibility of pursuing leadership positions so that members of our own Latinx community can see themselves in us and feel validated to aspire to reach similar positions. However, the purpose of reaching these leadership and decision-making positions is not to merely satisfy our own aspirations. Rather, the purpose is to place individuals who are not only learned in the law, but also in the dynamics, morals, and sense of
The seeds of this progress have begun to sprout. Students at local law schools have expressed admiration and gratitude for Judge Stackhouse, who taught them legal writing. Latino elementary school students have chatted with and been encouraged by Justice Castillo in Spanish. San Diego Latina lawyers and leaders have been emboldened and energized by Chief Justice Guerrero. In 2024, four years after the summer of 2020, San Diego is a little bit closer to having a judiciary that reflects its richly diverse community.
fairness of the community that the law governs. A few months after the SDCBA event, Governor Newsom appointed attorney Luis Céspedes, a longtime civil rights and equal justice advocate, as Judicial
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Rafael J. Hurtado practices environmental law as a Deputy Attorney General at the California Department of Justice.
DEMOGRAPHIC DATA OF THE SAN DIEGO SUPERIOR COURT Source: www.courts.ca.gov/13418.htm
2020
2023
Female
40.53%
39.8%
American Indian or Alaska Native
0%
.8%
Asian
5.2%
5.3%
Black
7.5%
9.0%
Latinx
10.4%
14.3%
Pacific Islander
0%
0%
Lesbian
1.5%
1.5%
Gay
3%
5.3%
Bisexual
0%
0%
Transgender
0%
0%
“Access to justice is a cornerstone of our legal system. And representing diverse aspects of our community not only furthers this objective, but also cultivates public confidence in the life-changing decisions that take place inside a courtroom. In furthering this goal, our legal profession, including the judiciary, should reflect the community that it serves so that we continue fostering faith in our profession and ensuring all who step through the courthouse doors attain the same access to justice. San Diego La Raza Lawyers Association is proud of the partnership we have fostered with the judiciary as we have collaboratively made strides in helping the bench become more representative of the community that we serve.” — Agustin Peña, President, San Diego La Raza Lawyers Association
As immediate past President of the San Diego La Raza Lawyers Association, I am overjoyed to witness the appointment of more Latino/a/x judges to the bench and at all levels. The recent appointments of more Latino/a/x judges, including those reaching the pinnacle of the California Supreme Court, stand as a testament to our community’s resilience, dedication, and unwavering commitment to justice, and signal a profound step forward in ensuring equitable representation within the halls of justice. These achievements will undoubtedly inspire future generations to break barriers and contribute to a legal system on its way to truly reflecting the vibrant diversity of San Diego and the state. ¡Adelante! — Arcelia N. Magaña, Immediate Past President, San Diego La Raza Lawyers Association
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$390,000 Granted in 2023!
With the generous contributions of the San Diego legal community, we were able to fund 25 local organizations that: Provide hours of legal assessment and education for domestic violence victims.
Provide hours of legal assistance for low-income individuals and families.
Provide legal services for veterans in San Diego County.
Provide oneon-one legal services support for employment and immigration rights cases.
Ways to Donate: Scan the QR code or visit SDCBF.org/giveanhour/ 619-231-7015
info@sdcbf.org
sdcbf.org
VOICES FOR JUSTICE: CELEBRATING SAN DIEGO COUNTY’S VOLUNTEER HEROES SPOTLIGHT ON LANA MANGANIELLO, SAN DIEGO COUNTY BAR FOUNDATION BOARD MEMBER In our latest spotlight on exceptional board members, we turn our attention to the accomplished Ms. Manganiello, a dedicated professional whose career revolves around the transformative power of business development. With a keen focus on amplifying voices within organizations and fostering autonomy, Ms. Manganiello’s journey has found a meaningful anchor in the legal profession. In this insightful interview, Ms. Manganiello shares her perspectives on staying at the forefront of legal trends, her role as a director at large, and the impactful projects she envisions for the San Diego County Bar Foundation. SDCBF: Can you tell us about some of your notable professional accomplishments? Ms. Manganiello: My career has been centered on the understanding that business development is a powerful tool for professionals in any field. It creates autonomy, amplifies one’s voice within an organization, and grants the freedom to choose who you work with and what projects you undertake. This autonomy extends to determining how and when you work, which is a game changer. While I have worked in various professional services sectors, I chose to focus on the legal profession because of its potential for societal impact. My efforts to empower individuals, particularly women and people of color in the legal field, have been recognized through awards like being a finalist in the San Diego Business Journal’s Business Women of the Year Awards 2023 and being named a “Diversity Champion” by Consulting Magazine. I’m particularly proud of my role in authoring the 2022 Early Career Attorney Survey and Report, which has been instrumental in helping law firms and bar associations understand and support the next generation of diverse legal leaders. I am committed to enhancing the success and experience of diverse attorneys, as their success enriches
the legal profession as a whole and so these recognitions are especially meaningful. SDCBF: How do you prioritize staying updated to enhance your professional expertise? Ms. Manganiello: To stay at the forefront of legal advancements and professional trends, I actively participate in key legal organizations like the National Association of Legal Placement (NALP) and the Legal Marketing Association (LMA). My involvement is focused on learning and staying current with developments in recruiting, training, firm culture, and various initiatives. This engagement extends to marketing, communications, and business development within the legal profession. I’m frequently invited to write and speak on topics such as associate advancement, business development, and growth strategies, including the innovative use of tools like ChatGPT. These activities keep me deeply connected to the evolving landscape of the legal profession, ensuring I can offer the most current and effective strategies to my clients and colleagues. SDCBF: How do you envision your role as a director at large aligning with your career aspirations? Ms. Manganiello: My aspiration as a director at large is deeply intertwined with my core mission to make a meaningful impact - on my clients, their clients, within my profession, and in my community. This role is a powerful conduit through which I can extend my influence beyond the immediate sphere of business development and coaching. It allows me to contribute to shaping a more equitable and effective legal system, thereby impacting lives at multiple levels. My interactions and collaborations within the board and with the organizations we support offer rich insights
and experiences, which are integral to my professional growth. These insights are not just theoretical; they are practical, real-world applications that enhance my ability to guide my clients more effectively. By being at the forefront of promoting access to justice and supporting diverse legal initiatives, I am able to amplify the positive ripple effects of my work. This alignment between my role at the foundation and my career aspirations enables me to foster change not only within individual careers but also in the broader community, driving a more inclusive and impactful legal landscape. SDCBF: What projects or initiatives would you like to contribute to as a director at large? Ms. Manganiello: One project I’m particularly enthusiastic about is the overhaul of the foundation’s website. My goal here is to transform it into a more user-friendly and informative portal, which I believe is crucial for engaging our community. Another area of focus for me is the expansion of partnership opportunities through my work with the development committee. These partnerships are key to increasing support, amplifying our impact and ensuring that we continue to advance access to justice in meaningful and sustainable ways. Both of these initiatives align with my commitment to making a tangible difference in the community through strategic and thoughtful engagement.
For more information, or to make a donation, visit:
SDCBF.org/donate
619-231-7015 | info@sdcbf.org | SDCBF.org SAN DIEGO LAWYER
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Why I Lawyer TANEASHIA R. MORRELL
H
aving a front-row seat while witnessing a medical breakthrough from an experiment designed in such a way that it would lead to a scientist discovering something unknown and, thus, altering the course of a disease treatment, is a mind-blowing experience. I must admit, however, that becoming an intellectual property attorney and witnessing such a medical breakthrough was not what I contemplated when I set out to become an attorney. I have always been interested in law. As a young child I enjoyed watching “Perry Mason” with my grandfather. I can still picture the old black-and-white TV show and how Perry Mason eloquently impeached a witness or managed to spur a witness on cross-examination to break down and confess to a murder they had committed. I admired Perry Mason’s confidence, his articulate way of speaking, and his investigative tactics. And I knew at age 6 that I wanted to be a lawyer. It was always my intention to practice criminal law. I have an undergraduate degree in sociology and criminal justice, my first legal internship was with pretrial services, and I pursued a career in law enforcement. It is fair to note, however, that life does not always take you in a straight line to your career path; sometimes you encounter detours, delays, and dead ends. In 1994 I worked at a nonprofit research institute, which was far from anything law related — so I thought at the time. My employment at the Salk Institute was a chance event. Earlier that spring, my then-employer decided to wind down its business. I immediately sought work at a temporary agency and was placed on a three-week assignment at Salk. Well, that three-week assignment turned into a full-time position, placing me in a laboratory as an administrative assistant and project manager. One day I found myself in the courtyard chatting with a new colleague; she introduced herself as an intellectual property attorney who managed patents, trademarks, and tech transfer matters. While I was familiar with intellectual property, I was unfamiliar with tech transfer. After our
conversation, curiosity got the best of me; I went onto my Power Macintosh, fired up Netscape Navigator, and took a dive into the world of tech transfer. I quickly learned that tech transfer involves the licensing of inventions (i.e., intellectual property) from research labs and universities to industry, where the inventions are subsequently developed into a commercial product or service. Somehow, I stumbled onto a legal path while working in a scientific environment! I immediately went to my boss and shared my recent discovery with him. The unusual serendipity involved in my discovery of the intersectionality of law, science, and business demonstrated that not only was it possible for all three disciplines to become united in a diverse licit way, but I could, one day, practice the type of law that combined all three disciplines. My boss, thrilled at the prospect that I might be interested in practicing intellectual property law, agreed to support this notion and presented me with an opportunity to intern with the office of technology development at Salk. My internship covered a broad range of intellectual property matters, encompassing patent, copyright, trademark, tech transfer licensing, and business development issues. As an intern, I learned the art of obtaining, protecting, and enforcing intellectual property rights. Almost 15 years later, I am primarily a transactional lawyer, where I handle intellectual property and tech transfer matters spanning the globe. It is fair to note, however, that I did practice criminal law, in addition to civil and family law; from 2012 to 2017, I clerked for two judges, interned with the Army National Guard JAG, and worked at a boutique law firm as an associate and also as a staff attorney for Legal Aid. Again, life does not always take you in a straight line to your career path — sometimes you encounter detours. I have learned to embrace life’s detours. Taneashia R. Morrell works as a Senior Contracts and Licensing Associate at the Salk Institute. Her job comprises of contract drafting, licensing negotiation, patent protection, and other intellectual property matters, such as managing Salk’s trademarks. SAN DIEGO LAWYER
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STACEY A.
KARTCHNER
2024 SDCBA President By Karen Korr
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I
n addition to “2024 San Diego County Bar Association President,” there are several titles you can use to describe Stacey Kartchner. She is a tenacious litigator. She is a devoted mother. She is a dedicated leader. However, the most appropriate title for Stacey may be “warrior.” Colleagues, friends, and family describe Stacey as an outstanding attorney and a woman who is unequivocally ambitious, compassionate, tactical, determined, and hard-working. Her ascension to the SDCBA presidency represents a significant milestone in her life story, which she has only recently begun to feel comfortable sharing. Stacey’s story will have a happy ending, but it is far from a fairytale. Born and raised in Salt Lake City, Stacey’s parents divorced while she was still in kindergarten, leaving Stacey and her older sister Karen splitting time between two households and being raised by their mother during the week and their father on weekends. Their mother, Sherry, while struggling financially, moved the girls to a nicer neighborhood where she could ensure they would receive a good, public-school education. Sherry was a caring and nurturing mother, but a few years following her divorce, she became romantically involved with a man who was an alcoholic and who often would become physically abusive. As a result, Stacey was removed from the household and went to live with her father, Lynn, and her paternal grandparents, who helped raise her while her father worked long hours. After several years, Stacey missed her sister and her friends, and she moved back in with her mother, where the family’s domestic struggles persisted. To shield the girls from abuse, they were moved to a shared bedroom in the basement. For their own selfprotection, they devised a system for when they heard their mother’s body hit the floor upstairs and the sound of heavy footsteps coming down the stairwell toward their bedroom. Karen would block the door with a baseball bat in hand, while Stacey crawled through the downstairs window and ran to the neighbors to call the police. The girls’ efforts, unfortunately, were for naught, as the abuse was taking place long before the Violence Against Women Act was enacted, so Stacey and Karen would summon the police only for the officers to wait for the abuser to “calm down” and then leave. Karen believes Stacey’s consummate positivity, mental fortitude, and warrior mindset is what got the girls through the tough times and the many nights over the years
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when they would go to bed not knowing if they, or their mother, would make it through the night. Stacey believes her past experience is what continues to guide her in her personal and professional endeavors today. She credits her early hardships for making her a stronger and more compassionate attorney and advocate, noting that it helps her relate to and sympathize with her clients. “Most of my clients come from families on the lower end of the socioeconomic spectrum, and often grew up in a home environment where physical abuse or substance abuse, and often both, were prevalent,” she said. “My background helps me relate to my clients and to see the good in them. They know my empathy is genuine, which allows them to open up to me, and that gives me the opportunity to truly support them by gathering mitigation evidence and helping them make meaningful change.” She added, “It was Judge Renée Stackhouse, also a former SDCBA President, who encouraged me to share my backstory openly, as a way to empower others who may question their suitability for a leadership role.”
She scoured her neighborhood for the biggest house around, knocked on the door, and asked the owner if she could mow the lawn. The owner agreed, and after seeing Stacey’s strong work ethic, she hired Stacey to do landscaping and household chores as well. Gloria Russo, the homeowner, also owned a catering company, so Stacey was often asked to help with polishing silverware and other tasks for the company. From the ages of 11 to 16 (the legal age to get a job in Utah), Stacey worked at Gloria’s house for eight hours every Saturday, and sometimes after school when there was a catering job.
"Dealing with challenges and adversity is something that Stacey has done her whole life. However, she meets those challenges head on and finds a way to be better because of it."
Her sister Karen agrees that Stacey’s background has shaped who she is today, and that her buoyant spirit helps her elevate those around her. “Dealing with challenges and adversity is something that Stacey has done her whole life,” said Karen. “However, she meets those challenges head on and finds a way to be better because of it. Stacey knows who she is and what she is capable of and isn’t content to stagnate. She is always trying to improve herself and be a better human being. And she brings others up with her. She has a way of making people smile and brightening their day. Sometimes I think she is trying to make the world a better place one smile at a time.” Hard work and perseverance are ingrained in Stacey’s character, and she has never shied away from a challenge or putting in the “sweat equity” needed to get what she wants. Stacey recalls a time in middle school when she really wanted a pair of expensive Guess-brand jeans also donned by her wealthier middle school friends. At the time, her mother could only afford to spend $100 per year on school clothes at discount stores like K-mart and Mervyn's. Stacey knew she needed to find a job to buy the clothes she wanted and stop having to recycle the same outfits every few days.
– KAren Kartchner Sister
When she was not working or going to school, Stacey was competing. Her father, Lynn, describes Stacey as a very gifted athlete, who ran track, and played competitive basketball, volleyball and soccer, serving as the captain of her high school soccer team. “Growing up, Stacey did not have it easy and did whatever it took to achieve her goals. She started working at a young age, and always had at least one job,” said Stacey’s father, Lynn. “Stacey is the type of person that, when she wants something, she will overcome whatever obstacle she has to in order to get it. Nothing was ever handed to Stacey. She had to work hard to get where she is today.” In high school, Stacey held several jobs so she could afford her clothes, car, car insurance, and all that goes along with busy teenage social life. She moved in with Gloria for six months during her sophomore year of high school, when things were particularly difficult at home. Following her high school graduation, Stacey found her own apartment and began working full-time during the day to pay rent and get health insurance, and at night, she worked at a fine dining restaurant. SAN DIEGO LAWYER
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Serendipitously, it was Gloria who provided the connections for Stacey to get to where she is today. As it so happened, Gloria had worked as a Clerk for a District Court Judge for 25 years. When Stacey was 19 years-old, Gloria encouraged Stacey to participate in a legal secretary course she taught at a local community college and pursue a career, rather than spend her life juggling multiple jobs. “I didn’t know any lawyers. A career in the legal profession never even crossed my mind,” said Stacey. “I had it easier than a lot of my friends because the only expectation that my parents had of me was that I always remain independent and able to walk away from a bad situation if I needed to. I come from a military family with both of my grandfathers and my father having served in the U.S. Army, enlisting at a young age. My mom had a tough upbringing and had to drop out of high school at age 16 to work at a bakery to help support her four younger siblings. Consequently, no one in my family had ever attended college. Needless to say, my parents were thrilled when I enrolled in college to get a Legal Secretary Certificate.” Her interest in the legal profession was truly ignited when she secured a receptionist position, with Gloria’s help, at the best criminal defense firm in Salt Lake City at the time, Athay & Deland. At the end of her shift, she would either head to night school at the community college or to work at the restaurant to earn the money she needed to pay her college tuition. Attorney Loni DeLand represented a defendant, Elroy Tillman, in a high-profile death penalty case at the time. Every day, Elroy would tell the guards that he needed to call his lawyer’s office and he and Stacey would chat. “I have a very vivid memory of thinking ‘I need to be a lawyer so I can free this man from death row,’” said Stacey. “I got to know Elroy as a person, and wanted to make sure there was no miscarriage of justice in his case. I understood in that moment the power lawyers have to help people, and I realized I needed to earn my law degree in a hurry before he got executed.” Incidentally, in 2005, DeLand was able to get Elroy, who had spent 22 years on death row, resentenced to 5-years-to-life in prison after the Utah Supreme Court found that prosecutors had withheld evidence from his lawyers. Gil Athay, the firm’s other named partner, served as a mentor and role model for Stacey. Recognizing Stacey’s newfound passion, Gil encouraged Stacey to finish her undergraduate studies and apply to law school.
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“Stacey is among the elite in her commitment to the fundamental principles of equality and justice for all. She is an exemplary human being with the brain power, personality and heart necessary to succeed in any setting,” said Gil, who Stacey still considers a mentor to this day. After earning an associate degree from Salt Lake Community College, Stacey transferred to the University of Utah, where she earned a Bachelor of Science degree in Political Science. By then, she was working full-time for the Utah State Bar, Office of Attorney Discipline, and still working at the restaurant in the evenings when she was not in school. When Stacey was a child, her father had taken her to San Diego on vacation several times, and so she decided to attend California Western School of Law, in part because the school offered a two-year criminal law program, as well as a part-time option she could enroll in if she was able to find work while pursuing her law degree. As luck would have it, Gil Athay had represented J. David Dominelli in a high-profile case in San Diego in the mid-80s, and attorneys Robert (Bob) Grimes and Thomas (Tom) Warwick had served as local counsel. Gil asked if they needed any help at their firm, Grimes & Warwick, since Stacey was seeking employment for the hours when she wasn’t in school or studying. Tom called her in for an interview and she was hired that afternoon as the firm’s office manager and as a legal secretary. She remained employed with the firm all through law school. “I have had the great pleasure of watching Stacey progress over the last few decades from a paralegal to a law student to a lawyer, and now to the County Bar president. I am very proud of her journey, and I know she will be a dedicated and conscientious president,” said Bob. Stacey was hired at Grimes & Warwick as an associate after graduating and passing the bar, and Tom took her under his wing and taught her how to be a great lawyer. They complemented one another and worked side by side for exactly ten years before Stacey went out on her own as a solo practitioner. “I was very happy and comfortable practicing at Grimes & Warwick, but knew I needed to leave the nest in order to grow,” Stacey shared. “I decided to leave on my 10-year work anniversary and provided Tom with six weeks’ notice so I could assist in finding my replacement. I owe a huge debt of gratitude to Tom and Bob for all they taught me, for their continued support of me and my practice through their advice and referrals, and for creating opportunities to work together on cases for over 20 years. They are like family to me.”
The mutual admiration, love, and respect between Stacey and the Grimes & Warwick partners is evident to anyone who knows them, and while they practice separately, they are still very much part of the same team. Through their time working together, Tom and Stacey developed a particularly close partnership and friendship, and the two lawyers formed a highly successful team, with Tom being the “mover and shaker” of the duo, allowing Stacey to focus on client communications and writing – her strong suit. It is no surprise to Tom that Stacey’s career took off and that she continues to soar. “Stacey could do anything and do it well. In her spare time, she also ran the Criminal Defense Bar Association and the Criminal Defense Lawyers Club as executive director,” Tom noted. “If you wanted something done, wanted it done right and wanted it done on time you’d just have Stacey do it. She has always been a model of efficiency and thoroughness. I cannot say enough about what Stacey has done and will do in the future. It has been a joy to watch her develop and progress as an attorney and as a leader.” Stacey credits Tom for teaching her some of the lessons that shape her as both a lawyer and a volunteer leader. “Tom is an incredible lawyer, and he was an outstanding mentor. He taught me to really see the individual we were representing in tough criminal cases and how their life was about more than the few moments they would be judged on,” said Stacey. “There are two lessons in particular that I learned from Tom that continue to guide my career — always be proactive and not reactive. And never take no for an answer.” In 2004, Tom served as the SDCBA President, and Stacey recalls how tirelessly he worked on behalf of the legal community and the greater San Diego community at large. Stacey’s father and paternal grandparents had taught her the importance of serving one’s country, volunteerism, and giving back, and her family’s altruism, coupled with Tom’s leadership, inspired Stacey to get more involved in San Diego’s legal community as her career evolved. “I have been really fortunate in my life, and I have been given so many gifts. There have been many people throughout my life and my career who have championed and supported me on my journey. My sister, in particular, has always been so protective of me and sacrificed everything so I could be successful and happy. I’m also very proud to come from a military family, and to have a father who taught me so many life lessons, the most important being integrity and always keeping your commitments.
Hon. Victor Torres, Glory Rascon, Stacey A. Kartchner, Tom Warwick
I’m also very grateful to the San Diego legal community that is so collaborative and service oriented. I truly appreciate having the opportunity to give back to a community that I love so much,” said Stacey. San Diego Superior Court Judge Victor Torres, who worked in the office next door to Stacey at Grimes & Warwick, has long known Stacey both as an attorney and in her myriad volunteer leadership roles. He has seen her work assiduously to get to where she is today. “I worked with Stacey when she was an Associate at Grimes & Warwick, where I was Of Counsel. She was a valued colleague back then as well as when she was a CJA Panel attorney. Stacey’s dedication to her clients first, regardless of whether she was retained or appointed by the court, was remarkable,” said Judge Torres. “As a Bar leader she leads by giving of herself first and foremost. You can’t ask for more than that from a Bar President.” In addition to her SDCBA leadership, Stacey has served as the President of the Criminal Defense Lawyer’s Club, President of the Criminal Defense Bar Association, Chair of the Criminal Justice Attorneys (CJA) Material
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Witness Advisory Committee, and Chair of the San Diego Criminal Justice Memorial Committee, in addition to serving on a variety of highly visible committees and task forces. She is also very passionate about microcredit, and has served on the Board of Directors of Accessity (formerly ACCION) since 2011, as well as the organization’s Secretary from 2019-2022. During the COVID-19 pandemic, Stacey’s leadership was critical as she acted as a liaison between the District Attorney’s office, Public Defender’s Office, Sheriff’s Department, the courts, and the private criminal bar. She was an integral part of the team that figured out the logistics that would allow critical court operations to proceed. “Stacey Kartchner is a phenomenal leader who stepped up during a time of unprecedented challenges with the impact of COVID on our justice system,” said Summer Stephan, San Diego County District Attorney. “Her focus on collaboration and transparent communication positively contributed to our county’s ability to preserve the due process rights of defendants and crime victims. There’s no doubt Stacey will bring her consummate professionalism and forward-thinking style to enhance the bar association for all.” San Diego Superior Court Judge Michael Smyth, who was the Presiding Judge at that time, expressed his gratitude for Stacey’s service during the pandemic, saying, “Shortly after beginning my term as Assistant Presiding Judge we were hit with the pandemic and the resulting closure of the court. Stacey, at the time president of the San Diego Criminal Defense Lawyers Club, was a crucial justice partner as we developed processes for handling the countless pending criminal cases, including thousands of incarcerated defendants. Her input was invaluable, as was her ability to communicate with and seek input from the criminal bar. Stacey’s tireless work made these difficult times easier to manage, and I will always be grateful for that.” Other judges in San Diego County also sing Stacey’s praises and are elated to see her in the role of SDCBA President. They commend her for her superior skills as a lawyer, her positive and sunny disposition, and her ability to lead enthusiastically, efficiently, and effectively. The Honorable Dana M. Sabraw, Chief Judge, United States District Court, Southern District of California said, “Stacey will be an excellent SDCBA President. She is an excellent lawyer and seasoned leader, having chaired so many Bar and community related organizations. 28
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“She is a people person, runs quick and efficient meetings, gets to the heart of important issues — and always does so with a respectful, warm and personable approach. I am delighted that Stacey will take the helm of the SDCBA. Our community couldn’t be in better hands.” – Hon. Dana M. Sabraw Chief Judge, U.S. District Court, Southern District of California
I work closely with Stacey in her capacity as Chair of the CJA Material Witness Panel attorneys and Chair of the Criminal Justice Memorial Committee, both important groups that serve vital interests of the federal court. Stacey has a deep understanding of the needs of the Court and a knack for identifying issues and accomplishing what’s best for our Court and community. She is a people person, runs quick and efficient meetings, gets to the heart of important issues — and always does so with a respectful, warm and personable approach. I am delighted that Stacey will take the helm of the SDCBA. Our community couldn’t be in better hands.” In March of 2023, after nearly 15 years as a solo practitioner, Stacey joined Klinedinst PC, following another serendipitous moment — sitting next to Klinedinst Partner Earll Pott at a CLE program by chance. They discussed Stacey’s upcoming presidency, and how joining forces could be beneficial for all parties. “Stacey is one of the most talented, dedicated, and creative criminal defense lawyers I know. She has an almost unlimited capacity for empathy that balances well with a sharp pragmatism that comes from her long experience in the trenches. It’s an absolute pleasure working with her, and the Bar is lucky to have her as president,” Earll said.
Stepping Up to the Bar 2023
Photobooth fun with the SDCBA Internal Team
While Stacey’s dedication to the legal community is unwavering, her true passion and top priority is her family: her husband, Christopher, and their 10-year-old son, Jackson. There is nothing Stacey enjoys more than spending time with her family, taking family ski trips, and supporting Jackson at his games as a self-proclaimed “crazy soccer mom.”
Stacey worked hard to help create a criminal law section, the affinity bar, and the DEI Division. Stacey is someone who cares about others, wants to make this community better, and will dedicate time to get the job done!”
“I feel so fortunate and lucky to be Jackson’s mom,” said Stacey. “He is funny, kind, smart, and empathetic, and raising him is truly the greatest joy of my life.”
“In the 25-plus years I have known and worked with Stacey, she has consistently demonstrated a commitment to high ethical standards in the practice of law, powerful advocacy for her clients, and civility with co-counsel and the court,” said Liz. “If Stacey says she will take care of something, you can bet money that she will do it to completion, often with humor, and always with the goal of maintaining a strong bar. She will be a wonderful president of our county bar.”
According to Christopher, who owns a manufacturing business, Stacey is an extraordinary mother to Jackson despite constantly balancing multiple competing priorities. “No matter how busy her schedule is, her number one priority is our son. She is his biggest cheerleader! I am dazzled by her ability to expertly manage countless daily tasks, both at home and work, embodying the essence of the modern working mother. Seamlessly weaving a thriving career with the intricate demands of family life, she stands as a master juggler. Her unwavering dedication and relentless drive are a testament to how the fusion of love and ambition transcends boundaries, propelling her towards boundless success,” Christopher said. Her family means the world to her, and she treasures the time she can spend back in Utah with both of her parents, her sister Karen, and her 35-year-old nephew Cassidy. She maintains a close circle of friends in Utah that she has had since kindergarten, and a plethora of friends in the San Diego legal community. They also agree that she will be a remarkable SDCBA President. Fellow SDCBA Board Member Brenda Lopez praised Stacey for her ability to make things happen, saying, “During our service on the Board, I have seen Stacey run successfully to be Secretary and now incoming President.
This sentiment is echoed by Stacey’s long-time friend, attorney Liz Missakian.
As the SDCBA President, Stacey aims to be a champion for access to justice issues, diversity, equity, inclusion, and accessibility efforts, promote ethics, integrity, and professionalism in the practice of law, encourage mentorship and community service, and strengthen relations and collaboration between the SDCBA and specialty bar associations. If history is a true predictor of future events, it is safe to assume that Stacey will do just that — as well as anything else this warrior sets her mind to in her year as SDCBA President and beyond.
Karen Korr works with law firms and bar associations on communications strategy, content, and copy. She is the former Director of Communications for the San Diego County Bar Association, and has worked in the legal community locally, regionally, and nationally for the past two decades. For more information, please visit fullkorrpress.com or contact Karen via email at karen@fullkorrpress.com.
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L to R: CLP Student Clinician Cristal Moreno, CLP Volunteer Attorney Bhashini Weerasinghe
COMMUNITY LAW PROJECT:
LEARNING THROUGH DIRECT SERVICE IN THE COMMUNITY By Ted Janowsky
A
survivor of domestic violence is seeking a restraining order and has questions about the divorce process. A senior citizen has become the victim in a consumer scam. A family with school-aged children has received an eviction notice and is at risk of becoming homeless. These are some of the common profiles among the thousands of San Diego County residents who the California Western Community Law Project (CLP) has helped over the last 18 years. The Community Law Project is a legal clinic where law students, California Western faculty, and community volunteers work together to address the unmet legal needs of San Diego’s most vulnerable individuals. In collaboration with a wide network of partner organizations, the CLP meets people where they are, both physically and otherwise. Physically, our free legal clinics are housed in convenient locations, such as schools and churches, and operated at various times to accommodate different schedules. At every CLP site, individuals are treated with empathy and provided with a careful, individualized evaluation of their legal issues; accurate legal information; access to legal and social resources; and advice and counsel. Whenever possible, and frequently under challenging circumstances, CLP works to empower individuals to make informed decisions, making it more likely that a positive outcome of their legal issues can be achieved.
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Since 2005, the Community Law Project has pursued its dual goal of creating greater access to justice for vulnerable residents of San Diego County and training our California Western law students to be empathetic and passionate advocates. The CLP team is small but mighty; a core of three staff members and a formidable array of law student clinicians, community volunteers, and volunteer attorneys work together to serve the San Diego community. Supervising attorney Ted Janowsky says: “Every day I am amazed by the dedication and passion of the Community Law Project law students and volunteers. I see their important work as upholding the highest ideals of the legal profession through public service.” The California Western law students embrace the practical experience as they interact with clients in a fast-paced and sometimes chaotic clinical setting. The experience is often described as “eye-opening,” and it comes with a growing awareness that newly acquired legal skills can be used to help bring real assistance and comfort to those in need. When asked about how she would like to grow from her experience with CLP, a recent student clinician said: “I hope that my experience with CLP will further reinforce my passion for public service and lay the foundation for a career rooted in a commitment to using my education to help people when they need it most.”
Approximately 32 law students participate with CLP every year, all of whom invariably develop practical lawyering skills in the clinic and the classroom. The student clinicians are trained to be empathetic, carefully document client interactions, maintain confidential files, actively listen, and effectively communicate with clients who are emotional and in a state of crisis. In the classroom, students learn from clinical professors and attorney guest speakers from the local legal community, developing their substantive knowledge base as well as debriefing and reflecting on their experiences. For a final project, students work collaboratively to produce a community legal education presentation, which is presented to various local community groups. CLP volunteer attorneys, many of whom are CLP alumni themselves, work side by side with the law students at the clinics, together providing prescreened clients with a free consultation in the attorney’s practice area. The law students frequently comment on how meaningful
CLP Student Clinician Almin Manlucu
and mentorship, forging a strong professional connection through direct service in the community. More information about the Community Law Project can be found at cwclp.org or by following CLP on Facebook, Instagram, and LinkedIn.
the experience is to observe the volunteer attorney as they provide information, counsel, and advice to clients with skill and compassion. The students are fortunate in that many of the volunteers also offer encouragement
Ted Janowsky is the Assistant Director for the California Western Community Law Project, a clinical legal education program of California Western School of Law in San Diego, CA.
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PRO TIPS TO IMPROVE YOUR SOUTHERN DISTRICT PRACTICE By Ian Pike
T
he San Diego state and federal courthouses are right across the street from each other. And, at least if the Erie doctrine has anything to say about it, all your client’s substantive rights are the same in both buildings. But the similarities end there, and local lawyers who primarily practice in the Superior Court can get caught unawares when they find themselves before a judge in the Southern District of California. For the benefit of those who don’t appear in federal court too often, here are a few things to keep in mind (unless otherwise ordered, of course) the next time you find yourself there.
File Motions if You Want Relief A surprising number of attorneys file status reports or “notices” that include requests for continuances, stays, amended scheduling orders, or other relief, but which are not captioned or filed as “motions.” The District case management system specifically tracks and flags properly filed motions, and there are reporting mechanisms built in to make sure they don’t slip through the cracks. None of those safeguards are in place if an attorney makes an ad hoc request for relief at the end of a status report or other document. So, while there’s always a chance a diligent
Keep Your CM/ECF Credentials Up to Date
judge will notice and rule on the request for relief, there’s
A surprising number of attorneys in pending federal matters appear “inactive” on CM/ECF or have some other problem with their federal case management logins. Not only do the local rules require attorneys to maintain their CM/ECF access, but the failure to keep CM/ECF accurately maintained can prevent you from getting notice when something is filed or an order is docketed. If that causes you to miss something — a court-ordered deadline, for instance — that’s on you. Check, especially if you haven’t appeared in the Southern District for a while, and if something’s up with your CM/ECF, call the helpline (1-866-233-7983) to straighten it out before you miss an OSC.
motions not being handled. If you want the judge to rule on
a totally unnecessary risk of these motions-that-aren’tsomething, you should probably file it as a motion unless you know for a fact your judge prefers otherwise.
Speaking of Motions, Joint Motions Don’t Mean You Must Agree Many judges want administrative matters handled by joint motions. Too often, one of the lawyers litigating a case won’t file a joint motion because they disagree, in whole or in part, with what the other lawyer wants. But the “joint” aspect of “joint motion” means “drafted together,” not “both sides have to agree.” Joint motions can still be adversarial. If you disagree with opposing counsel, state
Lodge Your Proposed Orders Correctly This one has two parts. First, unless a judge’s order directs you otherwise, proposed orders should be lodged in Word format to the appropriate judge’s efile inbox, not filed on CM/ECF as part of a motion. Second, try to lodge your orders with the judge who will rule on your motion. For example, a proposed order continuing an early neutral evaluation should be lodged with the magistrate judge, not the district judge. If you really want to go above and beyond, check the appropriate chambers’ rules or standing order to see if the judge even wants a proposed order.
your opposition in the joint motion, sign it, and let the judge rule on the motion. The same holds if you simply want the Court to know you “don’t oppose” the motion. Agreement is great, but not necessary, when you file a joint motion.
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.
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THE BACHLAWRETTE THE MODEL RULES OF DATING PROCEDURE
I
f only finding love as a lawyer were as simple as reciting the elements of IRAC, or eliminating “always” and “never” answers from MBE questions.
Unlike most of the steps we have taken to become lawyers, dating cannot always be mastered simply with intelligence, persistence, and effort. As I’ve experienced as a 30-something single lawyer looking for love, dating can be more unpredictable because it requires a combination of skill, luck, and timing.
Also, make sure to validate the other person’s professional and personal goals because you don’t want that person to feel like their goals are insignificant compared to yours. This equally applies if you are dating another lawyer or other professional, as high-achievers like us are just as vulnerable to insecurities. That said, don’t minimize your career when it comes up naturally in conversation. Let your partner admire you for both your smarts and your heart.
2. Make your partner feel prioritized.
I have dated lawyers and non-lawyers alike, of different looks, backgrounds, and personalities. I have been on great dates, average dates, and dates falling somewhere in between. Overall, it has been an enjoyable and transformational experience.
With the demands of work and life, it can sometimes feel like there are not enough hours in a day. However, a common pitfall that lawyers make is not making enough time for loved ones — and that includes romantic prospects and significant others.
Along the way, I have learned some important lessons about navigating dating and relationships as a person in our profession, which carries unique stereotypes and expectations.
Although a good partner should be supportive of your career, that person also wants to know that they matter to you. Establishing mutual interest and excitement is essential when dating someone new and is important to maintain as you continue to grow with your partner.
Whether you are single or in a relationship, lawyers can keep in mind the following three “model rules” for relationship success:
1. Lead with both smarts and heart. People you meet are going to know that you are smart. When meeting potential dates, emphasize not only your professional success, but also your motivation for why your work matters to you. Show that you are not just a work-producing machine, but a person who cares about helping people, forming relationships, and creating good in the world. 34
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Don’t hide behind your work as the reason that you didn’t call or text, didn’t remember the person’s dog’s birthday, or didn’t make plans. Whether you have been dating for three weeks or married for three decades, a “good morning” text, a conversation at the end of the night, a surprise lunch date, or a thoughtful (not necessarily expensive) gift can go a long way in showing that you care. Consistency is more important than grandiosity — a grand gesture every once in a while is unlikely to redeem a pattern of inattentiveness.
If you are in the dating game, be honest with yourself and your potential partners about the type of relationship you are realistically ready for. If you are more interested in a casual relationship, embrace that and make sure it is communicated upfront in order to avoid leading anyone on. If a committed relationship is your goal, consistency and thoughtfulness are key to standing out from other potential suitors and showing that you will be a supportive long-term partner.
3. Don’t stay in a relationship that isn’t working. As lawyers, we have the tendency to not want to give up on things. However, like in law, sometimes the best thing you can do is withdraw. Ask yourself whether you generally feel happy in the relationship, whether you feel respected and prioritized, and whether the person you are with reflects the values and attributes that are most important to you in a partner. For the single folks, it’s important to distinguish between prejudicial errors, which are grounds for reversal, and harmless errors such as the person’s height, favorite genre
of movies/music, or what car they drive. If the basic criteria are met but you’re still unsure of chemistry, perhaps give it an acceptable period of evaluation before calling it quits. Those in committed relationships can still affirm (appellate joke intended) that they are in the relationship because they want to be — and not merely because they would rather not be single, because other romantic prospects seem slim, because of pressure from friends or family, or because they feel “stuck” in that relationship due to the passage of time. Make sure you stay true to your desires, self-worth, and true potential. *** Please note that this constitutes general information rather than legal advice. There may be other laws, regulations, or local rules that apply to your individual situation. Consult a qualified therapist, dating expert, or Magic 8 Ball regarding your individual situation. Do you have dating-related questions, stories, or advice for lawyers? Share them with The Bachlawrette at bar@ sdcba.org for possible inclusion (anonymously, unless otherwise requested) in a future column.
IMAGE PENDINGTHE REWIND BY GEORGE W. BREWSTER JR.
CELEBRATING THE BAR
N
ever really needing an excuse for a party,
January 1996, with a lot of moving pieces and volunteer
early Bar Association officers nonetheless
help. As noted in the Bar history book that was produced
put together a formal dinner event in the
(“100 Years of Justice”), the charge of the task force
downtown San Diego Brewster Hotel honoring the 100th
was two-fold: to celebrate 100 years of professionalism
anniversary of the appointment of John Marshall to the
and to promote the good works performed by the legal
U.S. Supreme Court. This was in 1901, in the third year of
community for the people of San Diego.
the SDCBA (then the Bar Association of San Diego), and the third one-year term for Eugene Daney. He ultimately was the Bar president for a record six years (1899–1901,
The centennial year, 1999, kicked off in January with the unveiling of Lady Justice in the main atrium of the Hall of
1913–1914, and 1921).
Justice. The 10-foot-tall, 150-pound statue, placed on a
It isn’t known what the Bar did to celebrate its 50th
bust that was then in the atrium) and surrounded by
anniversary; the Bar president in 1949 was Thomas
history boards, had been in the San Diego History Center
McPherson Hamilton (1915–2011), later managing
in Balboa Park (they rescued and restored the statue in
partner at Luce Forward Hamilton & Scripps from 1959
1984). She once stood atop the 1872 courthouse that
to 1980. DICTA didn’t yet exist, so there is no reporting
was located at 220 West Broadway (replaced by the
vehicle for Bar events prior to 1952.
1960s-era courthouse, since demolished and now mixed-
6-foot-tall base (to cover up the Dutch Higgs memorial
use property), along with a clock tower (whereabouts For the Bar’s 75th anniversary in 1974, a hunt for the
now unknown) and four allegorical figures. She stayed in
bound DICTAs at the Law Library yielded a couple of
the Hall of Justice for all of 1999; a decent photo of her
surprises. First, giving DICTA its due as a centerpiece, the
in the atrium can be found on the cover of the centennial
bound (green) volumes of the Bar magazine were being
book — a photo that we scrambled to get on the last
used to make a lobby holiday book tree. Second, a review
night she was in the Hall of Justice. As a side note, the
of the 1974 set revealed not a wit nor mention of the
unveiling of the statue required the pulling down of
Bar’s 75th year. There were lots of other interesting bits
a huge, red silk cloth that was covering her, and that
of history (for another time), but of particular note was
tugging force almost caused her to topple over. I kept
that on the Bar’s actual 75th birthday (April 22, 1974),
and used that red cloth for many years as part of my
the Bar Board met in special session not to toast the Bar,
Halloween haunted house décor!
but instead to discuss in closed session a dispute that had arisen between District Attorney Ed Miller and Superior
Other ways we celebrated included Banners on
Court Judge Douglas Woodworth.
Broadway (100 banners each sponsored by a different firm or public agency — they got to keep the banners
But rest assured, we did it big for the Bar’s 100th.
after their month-long display was up at the end of April
The planning for the various celebratory events started in
and I wonder how many still exist?); a video history of
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the Bar produced by Bud Klueck and Dennis Regan (now
and many heirs of deceased presidents. Todd Stevens,
available for viewing on the Bar’s website); a special
the 1999 president, and his successor, Stephanie Sontag,
session of the California Supreme Court (held on
hosted. Superior Court Judge Gil Harelson (ret.) resurrected
April 7, 1999, at the California Western School of Law);
for one last time the Golden Ass Awards he was infamous
a 50-year time capsule buried beneath the Old Town
for during past annual Bar dinner gigs, and we had a
Jail (behind the Courthouse museum, site of the first
special newscast of Bar News Alive (Ken Turek,
courthouse in San Diego, and a location most likely to still
Jim Pokorny, and John Little). Hugh Friedman and other
be in existence in 2049); and the big finale, the Bar dinner
members of a local Bar member band performed during
at SeaWorld on November 6, 1999.
the evening. It was truly, as billed, the Party of the Century.
That Bar dinner was no easy feat, but it was well attended
This year, the Bar celebrates its 125th anniversary.
and well received. The main event was to recognize the
Details to come.
Bar presidents who served during the first 100 years. We almost had Eugene Daney’s daughter there, and I talked to her by phone; sadly she passed away before the event, but her daughter attended to represent her grandfather and her father Eugene Daney Jr. (also a past president). All living past presidents, except one, were also in attendance,
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.
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2024 SECTION AND DIVISION EXECUTIVE COMMITTEES Diversity Equity & Inclusion Division Taneashia Morrell - Chair Eric Tran - Vice-Chair Maria Chavez - Vice Chair Kendra Muller - Member at Large Megan Moore - Member at Large Desirae Sanders - Member at Large Khodadad Sharif - Member at Large
Criminal Law David Finn - Chair Andre Bollinger - Vice Chair Sarah Garrick - Member at Large Sadaf Hane - Member at Large Natasha Robertson - Member at Large Malak Behrouznami - New Attorney Member at Large
New Lawyer Division Elijah Gaglio - Chair Claudia Salinas - Vice Chair Hannah Theophil - Member at Large Catharine McGlynn - Member at Large Shubhra Sharma - Member at Large Lillian Glenister - Member at Large
Elder Law Kimberly Swierenga - Chair Jenna McRae - Member at Large Jaime Levine - Member at Large Thomas Mauriello - Member at Large
Alternative Dispute Resolution James Astuno - Chair Ana Sambold - Vice Chair Hilary Boyer - Member at Large Adam Noakes - Member at Large Julie Wolff - Member at Large Animal Law Cherl Nolan - Chair Lori Mendez - Vice Chair Shawn Huston - Member at Large Appellate Practice Jeff Michalowski - Chair John Sylvester - Vice Chair Josh Patashnik - Member at Large Michelle Pena - Member at Large Jenn French - Member at Large Savannah Montanez - New Attorney Member at Large Bankruptcy Gary Rudolph - Chair Kathleen A. Cashman-Kramer - Vice Chair William Fennell - Members at Large Deepalie Milie Joshi - Members at Large Business & Corporate Matthew Hrutkay - Chair Ray Ayers - Member at Large Ethan Watts - Member at Large Thomas Mauriello - Member at Large Coleman Alguire - New Attorney Member at Large Bryce Calbria - New Attorney Member at Large Civil Litigation Steven Sabel - Chair Aaron Sibley - Vice Chair Leonardo Husid - Member at Large Coleman Alguire - New Attorney Member at Large Construction Jeff Hailee - Chair Stuart Eisler - Vice Chair Leonardo Husid - Member at Large Mike Nolan - Member at Large
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Entertainment & Sports Law James Hess - Chair Omar Hernandez - Vice Chair Jeremy Evans - Member at Large Matthew Spolsky - New Attorney Member at Large
International Ray Ayers - Chair Maria Estela De Orduna - Vice Chair James Gifford - Member at Large German Brito - Member at Large Juvenile Law Karen Prosek - Chair Amy West - Vice Chair Jesica Fellman - Member at Large Kim Coulter - Member at Large Labor & Employment James E. Murtagh - Chair Ted Holmquist - Vice Chair Jillian Fairchild - Member at Large Haley Murphy - Member at Large Law & Medicine James Eischen, Jr. - Chair Sasha Jamshidi - Member at Large
Environmental Law Alison Schlick - Chair Jerod Markley - Vice Chair Dennis Davis - New Attorney Member at Large
Military Law Paul LeBlanc - Chair Eric Alizade - Member at Large Ian Corey - Member at Large
Estate Planning David Greco - Chair Phillip Szachowicz - Vice Chair Carla Keehn - Member at Large Linda Nelte - Member at Large Alexandra "Lexi" Happersett - New Attorney Member at Large
Privacy & Cybersecurity Reem Allos - Chair Elaine Harwell - Vice Chair William Marshall - Member at Large Myriah Jaworski - Member at Large Ethan Watts - Member at Large
Family Law Colleen Warren - Chair Linda Cianciolo - Vice Chair Milena Celentano - Member at Large
Real Property Mark Guithues - Chair Kyle Yaege - Member at Large Schuyler V. V. Hoffman V - Member at Large
Government Law Monica Hall - Chair Leo Santiag - Vice Chair Victoria Hester - Member at Large Joseph Lake - Member at Large
Taxation Law Aaron Hughes - Chair Carlos Meza - Vice Chair Claudia Ignacio - Member at Large Milan Laufik - Member at Large Pronhjot Nahal - New Attorney Member at Large
Immigration Law Maria Chavez - Chair Paulina Reyes-Perrariz - Vice Chair
Workers' Compensation John Don - Chair Michael Rott - Member at Large
Insurance Kristina Fretwell - Chair Sharon Huerta - Vice Chair Mitchell Lathrop - Member at Large Peter P. Meringolo - Member at Large Christopher Hicks - Member at Large Kristina Fretwell- Member at Large Intellectual Property Jeffrey Morton - Chair Jesse Salen - Vice Chair Melissa Patterson - Member at Large Taneashia Morrell - Member at Large Samantha Young - New Attorney Member at Large
January / February 2024
WHAT TO DO WHEN: YOUR CLIENT DISAPPEARS By Edward McIntyre
Y
our email bounces back — unanswered. Snail mail returns — unopened, with no forwarding address. The phone goes silent. The certified letter comes back. You even do a drive-by, only to see an apparently empty house or condo or apartment. But you face deadlines — in a lawsuit, a tax filing, a negotiation. You’re reasonably certain your client has disappeared — at least from your view. Can you just carry on, hoping for the best? No. Rules of Professional Conduct, rule 1.2 makes clear that we lawyers must abide by a client’s decisions about the objectives of the representation. The client has the ultimate authority to determine the purposes our representation is to serve. Can you muddle along, at least for a while? Maybe. The rule says we can take such action on the client’s behalf that we’re implicitly authorized to take to carry out the representation. But soon that “implied” authority will come to a screeching halt. Critical decisions loom that only the client can make: settle the lawsuit, sign the tax form, agree to an offer or counter. You can’t proceed with the representation as if you had a client giving you direction and authority. Continuing to bluff only puts you in jeopardy
Rule 1.16 offers the only viable answer: withdrawal. At a minimum, you reasonably know that continuing the representation will, or is likely to, result in a violation of the rules or the State Bar Act; clearly, the client has also made it unreasonably difficult to carry out the representation. But what can you say — to a court, the tax authority, the lawyer on the other side of a negotiation? Precious little! You need the court’s permission to withdraw. Can you say: “My guy’s flown the coop?” No. That information, which you have in relation to the representation, is confidential under rule 1.6 and Business and Professions Code section 6068, subdivision (e). Its disclosure will be harmful or embarrassing to the client. You can’t disclose it without the client’s informed consent — here impossible. All you can say is: “Continued representation will, or is likely to, result in my violating a Rule of Professional Conduct and I must withdraw.” Most judges will get the point. Same with the tax authority and your counterpart in the negotiation: “I’m withdrawing from the representation. I can’t tell you more.” And make every effort to advise the client, with all the means available, that you must withdraw. Later, inform the client that you did.
of violating one or several other rules — in representations to a court, in signing the client’s name to a tax form, in accepting or rejecting an offer.
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
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CONGRATULATIONS! The San Diego County Bar Association celebrates the success of those in San Diego who passed the bar exam in December 2023.
Feven Abraham Christopher Acosta Michaela Adduci-King Fadi Al Tahhan Adrian Alba Xena Amirani Bhavika Anandpura Ethan Anderson Tea Antonino Kathy Aranda Callum Armijo Amer Azizi Nadean Azzam Amber Babin Samara Bahu Amanda Baker Hanna Balcha Patrick Ballinger Chelsey Barkley Maggie Baruffi Mario Baylon Robles Alina Bazar Harper Beasley Jennifer Bejar Cobarruvias Kseniya Belysheva Michael Bertola Divya Bhat Reginald Bickford Joseph Birouty Benjamin Blowers Alyx Bogus Shahrzad Borna Summer Bosse Juliette Brezin Hans Britsch Romina Brogini Jaston Burri Joanna Burstedt Robert Bustamante Gervilyn Mae Cadimas Jordan Cahn Tereza Callender Priscilla Camarena Beniza Cancino Ian Carstens Rebecca Cavalier Jessica Cavanaugh Robert Chan Paige Chandler Janice Chase Amanda Chavez David Cheong Michael Chhu Thomas Chidlaw Ashley Childs Kirstin Chubb Natalie Clagett Brooke Clarke Stephen Cochrane Oliver Congleton Lilah Cook Anna Cornetta
Enrique Covarrubias Christopher Crawford Peter Cuevas Chelsea Curran Jeffrey Curran Kyle Da Silva Sarah Dahm Justin Dalton Honore Daly Matthew Danaher Jeremy Daniels Katia Davila Olivia Davis Camila De Oliveira Easland Nicholas Dea Michael Debonis Dillon Denio Jacqueline Dirubbo Bichngoc Do Dillon Dobson Miye D'oench Andrew Donahue Lauren Donohue Trevor Dorne Christopher Dorsett Jack Doti Danielle Dubon Erika Eastley Devon Esguerra Roy Ezell Vanessa Feierabend Marshall Fern Marc Fishbein Luke Fishman Clinton Foss Mallory Francis Skeet Frazee Junajoy Frianeza Jorge Funez Chavez Ann Galbraith Conor Gallagher Naleen Gallina Gabriel Galloway Richard Gambriel Mary Gammah Kendall Garald Peter Garcia Jorgette Garcia Marcel Garcia Alexis Garcia Jared Garfield Jacqueline Garner Rachel Geagea Stella Gerson Riley Gervin Arash Ghahremani Leilee Ghassemi Steven Gil Matthew Goff Adam Goldberg Alexis Goldberg Guillermo Gonzalez Saldivar
Garmai Gorlorwulu Doreen Govari Dorothy Grafilo Courtney Gray Brenton Gutkowski Adriana Halabo Taylor Halby Brett Hallagan Boyd Hampton Vivian Handley Erik Hansen Hayden Hargrove Evan Harris Caitlin Hartney Samantha Hasiewicz Kerry Hayden Park Hegeler Madison Henry Alexis Herskowitz Fiona Higgins Rachel Hoch Tamsyn Hofmeyr Lauren Holappa Alexis Holbrook Justin Holiman Matthew Hong Krista Howard Jake Howell Christy Hsu Erin Hudak Emma Huff Tala Hughes Jacklyn Hughes Bridget Hulburt Connor Hume Jansen Hyatt Kamran Jamil Haley Jauregui Maribel Jimenez Brito Kelly Johnson Matthew Johnston Chris Jones Joseph Jones Audrey Jorgensen Tyler Kaminsky Kyu Bin Kang Sarah Jean Kansagra Andrew Katseanes Alam Kaur Emily Kawahara Brandon Kawano Leila Kazerouni Kerstyn Keenan Gabriella Kelly Lisette Kelly Andrew Kent Scott Kerr Michael Ketcham Raza Khan Anoush Khatchatrian Tanya Khiatani Taylor King
Crystal Kinz Alissa Kirschenheiter Martha Klak Jill Kleinkauf Dmitriy Klyagin Madison Kneadler Benjamin Koh Brittney Kondrat Hazel Koshy William Lafortune James Lanham Andrea Lavelle Aaron Lazarecky Sean Lee Lance Lee Carlos Leos Ponce Patricia Letts Lindsey Lewis Pouch Liang Elbert Liang Melody Lilazy Alexandria Loveless Maryan Lowery Beatriz Luna Karla Madrazo Villarreal Maegan Madrigal Eric Marshall Carlos Martinez Siena Martinez Marissa Martinez Jason Kyle Masanque Frank Mascia Shabnam Masoum Hamdy Masri Estella Massey Ulrick Matsunaga Eve Mazzarella Kaidyn Mcclure Leonard Mcdaniel Megan Mcdonald Connor Mcgettigan Caelle Mckaveney Darian Mcmillan Nicole Melhouse Andrea Mendez Jennifer Menjivar Bailey Mezan Christina Mihelich Kellen Miller Julian Montijo Teresa Morin Vianney Munoz Kamal Namou Shirin Navabi Austin Nebeker Cody Neftin Luke Nelson Rachel Newman Jennifer Ngo Emily North Nancy Nova Fidel Nunez Castillo
Bryan Nuxoll Justin Oetting Endurance Ofomi Waheed Olayan Elyse O'neill Isabel Oraha Kaitlyn O'rinn Gracie Pachie Esther Pai Roxanna Palizi Jessica Panahi Janine Parchment Jessica Parman Kyle Pascucci Jessica Patel Briana Peters Antoinette Petkov Caitlin Pettijohn Jessica Pfeiff Helen Pham Jason Pierce Parker Pilati Julian Piroli Alexander Powers Megan Pynes Raul Rabago Paige Radtke Rachel Raffield Logan Rand Amanda Rasmussen Mihan Raufy Mark Rawdin Perssia Razma Christopher Reeves Emily Reeves Austin Reid Nicole Rickerd Sara Riegler Hana Riley Roxanne Rimonte Jessica Robertson Katherine Robison Julian Robles Maiya Roddick-Fuller Artemio Rodriguez Mayra Romero Ian Ross Anthony Ross Jessika Russell Abril Ruthenberg Arya Sadighian Jesus Sanchez Contreras Cody Sanders Nakisha Sandy Arielle Schechtman Madison Schwartz Brandon Schwechter Isabel Segarra Treviño Kristen Sells Yusra Serhan Soulmaz Setayesh Amanda Sharp
Peter Shelling Gianna Silahian Samantha Silver Mary Simms Gina Simone Megan Smith Frederick Smyth Isabella Sobalvarro James Sobolov Vaughan Solomon Tristen Spencer James Spradley Carlyanne Stacey Livia Stahle Emma Steer Benjamin Steigerwalt Rani Stenberg David Stewart Emily Stowe Frances Strnad Jackson Sullivan Micaela Swim Gautam Thatte Vinh To Meghan Topolski Hailey Trawick Lauren Trinrud Katherine Tuohy Chase Turnbull Peyton Turner Taleah Tyrell Kaelyn Urrea Sergio Valencia Emma Van Ginneken Julia Van Horn Kenneth Vanderbeck Alysha Vazquez Danielle Viterbi Morgan Wahler Lilly Walker Jessica Walls Redmond Walton Samantha Wang Kara Watkins Jonathan Webster Corey Werneth Jack Whitaker Nicholas Wiley Sydney Williams Rebecca Xu Emma York Carolyn Young Oday Yousif Jenna Yutsus Nicholas Zalkow Maria Zamora Cebrera Brody Zaugg Beineng Zhang Jiaye Zhou Brett Zirkle
If you live in San Diego and passed the bar exam in December 2023 and your name isn’t listed here, please let us know at bar@sdcba.org. SAN DIEGO LAWYER
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Local Solutions. Global Reach.
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 and SDCBF Past President Alreen Haeggquist, Managing Partner at Haeggquist & Eck, LLP, has shared her personal story in her new best-selling book, Fired Up: Fueling Triumph from Trauma. Motivated by the pains of her childhood, Alreen became a lawyer to stand up for victims of abuse. She founded her law firm, Haeggquist & Eck, LLP, in San Diego in 2008, which has helped hundreds of other women who suffer from sexual abuse, harassment, and discrimination in the workplace stand up for themselves.
PASSINGS In Memoriam
Candace M. Carroll SDCBA President, 1998
The San Diego County Bar Association and the legal community mourns the loss of Candace M. Carroll, who passed away on January 24, 2024, at the age of 79. Candace was a trailblazer for women lawyers. In 1974, she earned her J.D. with honors, including Order of the Coif, from Duke University Law School. She then worked seven years for the Appellate Court Branch of the National Relations Board in Washington D.C. and one year as a court law clerk for the U.S. Court of Appeals for the District of Columbia Circuit, before joining the law firm of Sullivan Hill Rez & Engel, where she worked for 30 years until her retirement. She devoted herself to giving back to the community. She served on the boards of numerous organizations, including the San Diego Volunteer Lawyer Program, ABA Immigration Justice Project, San Diego Convention Center Corporation, San Diego Opera, and seven years as chair of Senator Barbara Boxer’s Judicial Advisory Committee for the Southern District of California. She was a long-time member of Lawyers Club of San Diego and served as President of California Women Lawyers 2003-2004. Candace also served as President of the San Diego County Bar Association in 1998. Notably, she was only the 5th woman president of the association in its then 100-year history — helping pave the way for the 12 women who would go on to serve in that role over the next 26 years — a nearly 50% ratio. For her outstanding service to the legal community and community at large, the San Diego County Bar Association awarded Candace its Outstanding Attorney Award in 2018. This was among the many professional awards she earned over her decades of service, including the Duke University Law School Charles S. Rhine Award in 2009 — given to an alumna whose career as a practicing attorney has demonstrated the highest standards of professionalism and personal integrity. Candace was widely loved and admired. She will be deeply missed, and will be remembered for her outstanding service and for helping blaze the trail for women in the legal profession. SAN DIEGO LAWYER
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PHOTO GALLERY HOLIDAYS AROUND THE WORLD On November 15, 2023, the SDCBA had our annual potluck festival celebrating food from cultures across the globe. Thank you to Producing Sponsor San Diego Business Journal and to all of our participating table hosts and all attendees!
Members and guests enjoying a diverse array of cuisine provided by our friends in the local legal community
L to R: Claudia Murga , Leah Gonzales, Marco Garcia Shawn Burgh
San Diego Lawyer Magazine co-editor Vaani Chawla
Aaron Giron and Michelle Patterson representing FALSD
Angela Medrano
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PHOTO GALLERY
STEPPING UP TO THE BAR 2023 On December 1, 2023, the SDCBA held our annual holiday celebration and swearing-in ceremony. Thank you to everyone who joined us at THE US GRANT to welcome 2024 SDCBA President Stacey A. Kartchner and our incoming Board of Directors. Special thanks to our Diamond Sponsor Antonyan Miranda, Platinum Sponsor Klinedinst PC, Premier Sponsors: Association Member Benefit Advisors, Casey Gerry, and Judicate West, and Producing Sponsors Clio, Frantz Law Group, JAMS, Lawyer Referral and Information Service, San Diego Business Journal, and Torrey Pines Bank.
Magistrate Judge Jill L. Burkhardt swearing in 2024 SDCBA President Stacey A. Kartchner
SDCBA Presidents past, present and future. (back row L to R) Hon. Jill L. Burkhardt, Hon. Loren Freestone, Heather Rosing, David Majchrzak (front Row L to R) President-Elect Michelle Gastil, Johanna Schiavoni, Stacey A. Kartchner, Melissa Johnson
San Diego Superior Court Presiding Judge Michael T. Smyth swearing in the 2024 SDCBA Board of Directors
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2023 CERTIFICATES OF RECOGNITION The SDCBA recognizes the hard work and leadership of our Sections, Committees, and Divisions that host educational and other programming that align with our Mission, Vision, Core Values, and Strategic Plan. Visit sdcba.org/certificatesofrecognition to learn more about these awards.
PRESIDENTIAL CERTIFICATE OF RECOGNITION:
Diversity, Equity, and Inclusion (DEI) Division CERTIFICATE FOR COLLABORATION:
Diversity, Equity, and Inclusion (DEI) Division: Anti-Racism Group
CERTIFICATE FOR INNOVATION:
Immigration Law Section The Immigration Law Section produced creative programs
The DEI Division: Anti- racism Group actively sought out
and events including How to Become an Immigration Judge;
collaborative programming on their Exchange on Equity
Supporting Immigrant Kids in Care - Screening Tools and the
Roundtables including Social Study of the Women-Led
SIJS Process; and Introduction to Removal Defense and Pro
Movement in Iran (co-produced with the Iranian American Bar
Bono Opportunities.
Association); Targets in Culture Wars: The Explosion of Anti-LGBTQ+ Legislation (co-produced with Tom Homman
CERTIFICATE FOR NEW LAWYER CONTENT:
LGBTQ+ Law Association); and The Intersection of Disability
New Lawyer Division
& Race (co-produced with SDCBA’s Disability Rights Justice
The New Lawyer Division produced programs and events
Group).
geared towards new lawyers including Court Practice Series:
CERTIFICATE FOR COLLABORATION:
Estate Planning, Trust, and Probate Law Section
Federal Court by Chief Judge Dana Sabraw; Court Practice Series: Learn About Juvenile Dependency Law; Court Practice Series: California Superior Court, County of San Diego by Judge Wohlfeil; and a Mentorship Mixer.
The Estate Section actively sought out collaborative programming including Family Dysfunction: Mediating Disputes with Difficult and Emotional Parties (co-produced with the ADR Section); Tax Issues for High-Net-Worth Estates and Trusts (co-produced with the Taxation Law Section); and Estate Planning, Trust & Probate Law Section & Family Section Mixer (co-produced with the Family Law Section).
CERTIFICATE FOR INNOVATION:
Business & Corporate Law Section The Business & Corp Law Section produced creative programs and events including Roundtable: The Art of Billing; Electronic Payments Litigation: Overview of the Industry & Litigation Strategies; and A Night at Petco Park with the Padres.
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CERTIFICATE FOR VARIETY OF PROGRAMMING & EVENTS:
Appellate Practice Section The Appellate Practice Section produced CLE programs, networking mixers, monthly section meetings, an annual update, and judicial reception, to provide an amazing variety of meaningful ways to keep our appellate practitioner lawyers engaged and connected in the legal community including the Annual Appellate Bench Bar Reception; Annual Appellate Holiday Reception; State of the Appellate Court: 2023 Annual Update; Tour of the Court of Appeal; Nuts & Bolts of Appellate Practice and Procedure; and Former U.S. Supreme Court Law Clerks: Experiences and Lessons from the Court.
EXCLUSIVE MEMBER BENEFITS sdcba.org/memberdiscounts
NER 2024 PART
All information shown is as of February 2024, and subject to change without notice.
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GET MORE CLIENT REFERRALS IN SAN DIEGO & IMPERIAL COUNTIES! The SDCBA’s Lawyer Referral and Information Service (LRIS) referred over 60,000 clients to participating lawyers in 2023, resulting in almost $8 million in legal fees earned. Learn more about joining LRIS at www.sdcba.org/joinlris.
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