INSIDE THE COURTS: OUR ANNUAL STATE OF THE COURTS UPDATE
PLUS Juvenile Dependency Court: Working Towards Healing Court Funding Cuts By the Numbers
ROBERT J. FRANCAVILLA
L E A D I N G
T H E
W A Y
Meet partner Robert J. Francavilla, one of San Diegoâ€™s top trial attorneys and a passionate advocate for civil justice. His specialty: the trial of serious personal injury and wrongful death cases â€“ including those involving major orthopedic injuries, head injuries and paraplegia/quadriplegia. He has obtained millions in recent results, including a $425,000 verdict for an injured pedestrian (nearly four times the original offer), a $1 million settlement in a mild traumatic brain injury case and a $5.4 million verdict against the U.S. government. Call (800) 292-5865 to discuss referral or co-counsel arrangements.
www.caseygerry.com P E R S O N A L
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San Diego Office: 110 Laurel Street, San Diego, CA 92101 North County Office: 1901 Camino Vida Roble, Ste. 121, Carlsbad, CA 92008
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State of the Courts Inside all that is happening with our courts By Hon. David Danielsen, Hon. Christopher Latham, Hon. Judith McConnell and
By Richard Layon and Heather Riley
In-House Perspective Q & A with Marty Hochman, Assistant General Counsel for Callaway Golf
Introduction by Richard Huver
By Alidad Vakili
Building Your Personal Brand A few established pros offer words of wisdom for creating a successful brand By Erik Nelson
Juvenile Dependency Court Making a difference in the lives of children and all of the other parties involved By Suzanne Schmidt
Branching Off Looking to venture off from your firm? Be sure to keep these tips in mind By Gail King
#ProInPractice Stories from the Bench Judges share memorable acts of professionalism
Tips Judicial pet peeves, straight from the horse’s mouth
By Richard Huver
By Christine Pangan
Deans Preparing the next generation of attorneys for practice
Cutting Funds, Cutting Justice By the numbers – how court funding is needed to restore services
Why I Belong Meet SDCBA member Amanda Harris
Hon. Barry Moskowitz
Court Funding Update The SDCBA's Court Funding Action Committee continues to advocate for the restoration of court services
Professionalism in Practice Two inspiring stories of lawyers who took kindness and civility to a whole other level
By Niels Schaumann
Ethics Be careful before assuming that exemptions may exist for certain privileged documents By Edward McIntyre
Legal Aid Society of San Diego What the organization is really all about By Gregory Knoll
Distinctions & Passings Celebrating and remembering our colleagues
Photo Gallery A look at our legal community, busy and fun as ever
The SDCBA fondly bids farewell to Alidad Vakili who has served as editor of San Diego Lawyer over the past year. The vision, talents, and time Alidad provided in this role, and in his role as associate editor in years prior, has been invaluable to the magazine and the SDCBA. Thank you, Alidad, for all you have contributed to San Diego Lawyer. With this issue, we give a warm welcome to Edward McIntyre and Christine Pangan, San Diego Lawyer's new co-editors. Ed and Christine have contributed to this publication for many years and we look forward to the continued guidance and contributions they will provide in their new positions.
Issue no. 4. San Diego Lawyer™ (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is 619-231-0781. The price of an annual subscription to members of the San Diego County Bar Association ($10) is included in their dues. Annual subscriptions to all others, $50. Single-copy price, $10. Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright © 2015 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer are those of the author only and are not opinions of the SDCBA or the San Diego Lawyer Committee.
4 SAN DIEGO LAWYER July/August 2015
WHY I BELONG
THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION
Solomon Ward Seidenwurm & Smith, LLP Education: University of California at Davis (1992); University of California, Hastings College of Law (1995) Area of practice: Family Law Proudest career moment: We obtained an extremely favorable settlement in a case involving a highprofile client, but only after getting all our ducks in a row in preparation for trial on some complex issues. Family: My husband and our two children are very supportive. I couldn’t do what I do without their support! Birthplace: Seoul, Korea Current area of residence: Point Loma, CA If I weren’t an attorney, I’d be a life coach. The best thing about being an attorney is being able to help people through a difficult time in their lives and getting to know some very accomplished people in the process. Last vacation: Maui, Hawaii (with family) Favorite Web site: google.com Hobbies: Martial arts, hiking, kayaking, paddle boarding Favorite book: To Kill a Mockingbird by Harper Lee Favorite musical artist and/or group: Muse, U2 Favorite food: French, Thai, Indian, you name it! Why do you belong to the SDCBA? I practiced in San Francisco before moving to San Diego 16 years ago. Joining the SDCBA helped me become integrated into the legal community here. How does your SDCBA membership help keep you connected to the legal community? I enjoy seeing familiar faces at various SDCBA events. What makes San Diego’s bar so special/unique? Although San Diego is by no means a small town, the members of our bar seem to share that small-town congeniality. 6 SAN DIEGO LAWYER July/August 2015
Co-Editors Edward McIntyre Christine Pangan
Editorial Board Stephenie Alexander Hali Anderson Hon. Victor Bianchini (Ret.) Rebecca Blain Elizabeth Blust George Brewster, Jr. Martin Buchanan Brody Burns Judith Copeland James Crosby Jeremy Evans Frantz Farreau Renée Galente Eric Ganci
Hon. William Howatt, Jr. (Ret.) Robert Lynn Steven McDonald Erik Nelson Jocelyn Neudauer Hon. Leo Papas (Ret.) Don Rez Suzanne Schmidt Danwill Schwender David Seto Christopher Todd Alidad Vakili Teresa Warren
Cartoonist George Brewster, Jr.
Photographers Barry Carlton Eric Ganci David Seto
SAN DIEGO COUNTY BAR ASSOCIATION
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Communications Director Karen Korr
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Publications Editor Jenna Little
401 West A Street, Suite 1100, San Diego, CA 92101 Phone 619-231-0781 E-mail email@example.com Fax 619-338-0042 Website www.sdcba.org Interested contributors should send brief story outlines to the editor in lieu of unsolicited articles. No one other than the editor is authorized to commission original contributions to San Diego Lawyer™. Send all contributions to above address. San Diego Lawyer™ reserves the right to edit all submissions at its sole discretion. Submission of articles or photographs to San Diego Lawyer™ will be deemed to be authorization and license by the author to reproduce and publish said works within the pages of San Diego Lawyer™, the SDCBA website and social media pages. The opinions expressed by the authors and editors in San Diego Lawyer™ magazine do not necessarily reflect the official position of the San Diego County Bar Association.
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Professionalism prevails in San Diego’s courtrooms. As part of our Professionalism in Practice campaign, we asked a few local judges to share their stories of extreme civility. As you will read, vigorous advocacy doesn’t mean that we can’t uphold the highest standards of the profession. Read the following stories that provide an example of the standard for civility in our community.
Richard A. Huver, 2015 SDCBA President
HON. TIMOTHY TAYLOR I can give two examples. The first occurred many years ago, while I was still in practice. I was defending a federal securities fraud class action brought by two law firms, one from the Bay Area and the other a well-known local firm. For reasons too convoluted to describe, the SF firm had gained a tactical advantage. The lead local lawyer, knowing what his out of town co-counsel had done was wrong, interceded to level the playing field. We then litigated (and ultimately settled) the case, and a longstanding friendship was born. That local lawyer is now United States Magistrate Judge Jan M. Adler. The second occurred just a few years ago, in a medical malpractice trial I presided over. This was not my area of specialty in practice, so I did my best to learn the relevant law. At the close of plaintiff’s case in chief, I was prepared to grant a non-suit motion on certain grounds. Clark Hudson, who was defending the case, said, “Judge, if you are going to grant the motion on that basis, I would prefer that you deny it.” I did, and Mr. Hudson received both a defense verdict and my lasting respect.
HON. EDDIE STURGEON A few years ago, I was working on my law and motion calendar. The motion before the court was a summary judgment motion in a highly-contested case. After reviewing the pleading submitted by the parties, it was clear to the court that summary judgment should be granted; so I posted my tentative ruling on Thursday granting the motion for summary judgment. The next morning, I called my calendar and the losing party on the summary judgment submitted. The attorney representing the prevailing party asked to address the court. The attorney informed the court that on Wednesday, two days prior to the hearing, the California Supreme Court issued a decision that made a substantial change in law that affected this case. Counsel brought copies of the case for the court and opposing counsel. Based on the new case, the court changed its tentative ruling and denied summary judgment. I was truly impressed by the professionalism of this attorney. Counsel realized his obligation to inform the court, as an officer of the court, to a change in law even if it adversely affected his client. This is the highest form of professionalism.
8 SAN DIEGO LAWYER July/August 2015
HON. JOAN LEWIS Two attorneys with excellent reputations in our community vigorously represented their clients in a trade secret case. After several years of law and motion rulings and resulting writ petitions, trial was finally approaching. As one would expect, a motion for summary judgment was scheduled to be heard thirty days before trial. The motion was fully briefed when a recent development prompted the defendant to move to disqualify plaintiff’s counsel. The motion to disqualify was scheduled to be heard before the motion for summary judgment. The motion to disqualify had huge ramifications for plaintiff’s counsel and his client. Counsel had years of time and effort invested in this complex case. If granted, his client would face the daunting challenge of trying to obtain new counsel to get up to speed on a case rapidly approaching trial. I read the parties’ briefs on the motion and determined the motion should be granted and issued a tentative to that effect. At oral argument, plaintiff’s counsel’s demeanor was no different than had the tentative been in his favor. He passionately argued his position and why the motion should be denied but he did so in a way that was respectful to the court and the process that we, as judges, have to engage in daily – ruling in favor of one party over the other. I confirmed the tentative. Plaintiff planned on appealing the disqualification ruling and requested a stay, which I granted. Both sides, however, wanted the summary judgment motion decided. Defense counsel – who now had the advantage of having succeeded on the disqualification motion – extended the professional courtesy of agreeing that plaintiff’s counsel could argue the summary judgment motion. I denied defendant’s motion. Ultimately, plaintiff succeeded on the appeal of the disqualification ruling and the case returned ready for trial. Rather than file a 170.6, plaintiff’s counsel did not want the case reassigned and the parties were ready to start trial. The case settled before trial. Throughout all of the many hard-fought pre-trial hearings, the attorneys never showed any signs of hostility, animosity or disrespect to each other or the court. The clients were well represented and their positions never compromised because of the professionalism and courtesy shown to each other and the court. This was a very difficult case that kept me quite busy but it was an absolute pleasure working with all attorneys involved and was a textbook example of professionalism.
HON. RONALD STYN In a criminal matter, the prosecutor and defense attorney asked to talk to me before trial. The case was a shoplifting case and the evidence was a surveillance camera tape showing a woman taking certain items from the store. The defense was that the woman on the tape was not the defendant. The prosecutor asked me to review the surveillance tape with the defendant and the defendant’s attorney present. After viewing the tape, the prosecutor asked me if I thought the person on the tape committing shoplifting was the same as the defendant. I said something to the effect of “don’t waive jury” and the prosecutor said, “If you don’t think this tape is persuasive, I’m not going to put the defendant through trial and risk a wrongful conviction. I’m going to dismiss the case.” The prosecutor gained a great deal of respect from me for this extreme example of professionalism.
July/August 2015 SAN DIEGO LAWYER 9
RED BOUDREAU Trial Lawyers Dinner
ALAN K. BRUBAKER
Wingert Grebing Brubaker & Juskie LLP
2015 Recipient of the Daniel T. Broderick III Award
Saturday, September 12, 2015
326 Broadway San Diego, CA 92101
COCKTAILS: 6:00 p.m. DINNER: 7:30 p.m. Purchase Tickets at: www.neighbor.org Sponsoring Organizations: •American Board of Trial Advocates •Consumer Attorneys of San Diego •San Diego Defense Lawyers
Proceeds from this event go directly to St. Vincent de Paul Village. Over 10,000 homeless children have been helped by this dinner in the past 30 years.
This Event is Generously Presented by: Lawyers’ Mutual Insurance Company
BY NIELS SCHAUMANN
A 21st Century Law School for 21st Century Lawyers
Preparing the next generation of attorneys for practice
his August, I celebrate my third anniversary as President and Dean of California Western School of Law. In some ways, it’s hard to believe that time has passed so quickly. Yet, we’ve accomplished a lot in this short time. In my first two years, we worked hard to put California Western on a solid financial and curricular footing. This stability allows us to embark on a new journey and set a bold course. Legal education in the United States is going through a sea change, and California Western is well-positioned to lead that change. We can reinvent the 21st century law school by drawing on our signature strengths: our commitment to integrity in legal education and practice, our exceptional track record of training profession-ready lawyers, and our focus on pursuing justice on a human and global scale. The old model of legal education emphasized legal doctrine and legal analysis, rather than legal practice. Things began to change following the economic downturn of 2008, when clients started asking: “Why are we subsidizing on-the-job training of new lawyers? Shouldn’t they come out of law school ready to practice — at least to some extent?” Our answer is simple: They should, and at California Western, they do. We outperform most peer schools in Southern California in graduating lawyers who have significant basic practice skills. Our model resembles that of a medical school: We teach doctrine and analysis, but also essential competence. A J.D.
Niels Schaumann is not — and should not be — a purely academic degree; it is a professional degree. The traditions of American legal education include a kind of aversion to the professional, in favor of the academic. We believe both are essential. Students at most U.S. law schools get an excellent education, but it is focused on legal doctrine and “thinking like a lawyer.” That’s the kind of legal education most of us had, so we learned what lawyers do only after law school. At California Western, all second-year students work alongside experienced lawyers in a simulated law office setting through our signature STEPPS Program. A large majority of third-year students render supervised hands-on legal service though our Clinical Internship Program, Pro Bono Honors Program, and seven faculty-supervised clinics. The result? Graduates who are better prepared to practice law than their peers. The belief that lawyers will graduate and be trained by the law firms that hire them, at the client’s expense, is less sustainable every day.
There is another reason law schools can no longer leave professional training to others: It is in that training that crucial professional values are acquired. America faces a crisis of access to justice; few of us can afford lawyers anymore. The vast majority of individuals in Family Court are pro per, and the same is true essentially everywhere human-scale (rather than corporate-scale) claims are heard. California Western doesn’t have all of the answers, but we believe we must begin by reinforcing in our graduates an appreciation for justice on a human scale. Our California Innocence Project is worldrenowned for solving the most human of legal problems: freeing innocent people who have been wrongly convicted. Our Access to Law Initiative incubator program prepares lawyers to enter solo- or small-firm practices, and it provides legal services to people in this community who couldn’t afford them otherwise. Our Traffic Court Clinic places an advocate side-by-side with motorists in San Diego traffic court, where a $200 moving violation equals a week’s worth of groceries for a poor family. Equal justice under the law is a bedrock principle of democracy. We have to resist the forces that would slowly transform America into a country where a person gets all the justice she can afford. I look forward to bringing you additional examples of our work to both prepare future lawyers and close the justice gap here and abroad in future columns. Niels Schaumann is President and Dean of California Western School of Law.
…We must begin by reinforcing in our graduates an appreciation for justice on a human scale.
July/August 2015 SAN DIEGO LAWYER 11
BY EDWARD McINT YRE
Only A Peek Be careful before assuming that exemptions may exist for certain privileged documents
uncan ushered his friend, Colin, into Macbeth’s office. Sarah followed. “Macbeth, have a minute? We’d like a second opinion.” “Come in, Colin. Start from the beginning.” “Ugly discovery fights. They’re hiding everything. Finally caught a break.” CARTOON BY GEORGE BREWSTER, JR. “How so?” “You want to know if, ethically, you “Documents they produced. Whole can have your expert look? Give you a sections blacked out. Marked ‘Privileged declaration about the blacked-out parts? — Attorney Work-Product;’ ‘AttorneyExpose your opponent to Judge Conner’s Client Privileged.’ But they screwed up.” wrath?” “Tell us about it.” “That’s why I appreciate Duncan’s advice.” “I’ve got a forensic expert. Says his “You and Duncan discussed the equipment can penetrate the blacked-out Supreme Court and appellate courts’ ethics stuff. Because they produced originals pronouncements? What a lawyer must do instead of copies.” with a document from the other side that “So he can read what they tried to he reasonably believes is privileged? And obscure as privileged?” was inadvertently produced?” “Better. He tells me some can’t be “Some. But nothing’s inadvertent here. privileged.” They deliberately blacked the stuff out.” “A lawyer?” “Fair enough. But small steps.” “No, but he’s been around. Says it even “Okay.” shows the lawyers may’ve been telling “But for your forensic guy’s x-ray vision, their client to destroy evidence. Coach you reasonably believed the obscured parts witnesses. Even pay them.” were privileged?” “You think the court will react, shall we “Yeah, probably.” say, negatively?” “You understand, of course, that “Judge Conner’ll go frigging ballistic!” ‘inadvertent’ in this context — the courts Duncan jumped to his feet. “So I told have redefined it — means the document’s Colin to go for it.” owner didn’t want you to read the blackedMacbeth set down his glasses. “Let’s step out parts?” through this a bit more carefully. Colin, “We didn’t really discuss the cases that you have documents, parts of which are far.” unquestionably marked ‘privileged.’" “Sarah can give you cites. But trust me “Yes, but now we know —” for now.” Macbeth held up his hand. “A step at a “Of course.” time. Nothing about any document on its “The court-established standard in face says the obscured portions are not California is: Stop reading as soon as you privileged?” reasonably know the material is privileged. “No but my expert —” Then tell the other side. Go to the court if “So only by your forensic guy looking at you can’t work it out.” the parts marked ‘privileged’ do you believe “But what about the stuff my expert that some may not be?” found?” “True, because —” “You mean: Can’t I have my agent keep “Because the crime-fraud exception, if reading? Hoping I’ll find some exception to present, would vitiate the privilege?” the privilege?” “Precisely.”
“But my expert —” “Used tools to read what reasonably appeared to be privileged.” “I see your point. But what’s the risk?” “Possible Disqualification. The court may not like what you uncover, if your forensic guy’s right. But case law says you could be disqualified. Who knows? Judge Conner might disqualify both firms." “Don’t I owe it to my client to use everything to get the best result?” “That’s a given. Our duty of competence requires diligent representation. But within ethical limits. Here the courts have set the standard of conduct.” “So, your advice?” “First, tell your client what the courts have said. And the risks. Then tell your opponent the blacked-out portions may be readable. Hurts, I know. But that’s the standard. From what you’ve said, you’ll be in court.” “For sure.” “Initiate discovery. See if you can prove what you think your expert uncovered. There’s a State Bar opinion that may help. Sarah has it, too.” Editorial Note: Look at State Comp. Ins. Fund. v. WPS, Inc. (1999) 70 Cal.App.4th 644; Rico v. Mitsubishi Motors Corp. (2007) 42 Cal. 4th 807; Clark v. Sup. Ct. (2011) 196 Cal.App.4th 37; State Bar Form. Opn. 2013-188.
Edward McIntyre (firstname.lastname@example.org) is an attorney at law and Co-Editor of San Diego Lawyer. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA or its Legal Ethics Committee. July/August 2015 SAN DIEGO LAWYER 13
BY ALIDAD VAKILI
Q & A: Marty Hochman Assistant General Counsel for Callaway Golf
or this issue of San Diego Lawyer I caught up with Marty Hochman, Assistant General Counsel for Callaway Golf, headquartered in Carlsbad, CA. The breadth of Marty’s work at Callaway is extensive, ranging from domestic and international issues in areas such as corporate transactions, licensing, intellectual properties, employment, litigation, compliance, advertising, as well as a number of other issues. Marty also conducts a lot of the internal global legal training for Callaway and his interest in teaching and helping others towards improvement and excellence resonated throughout our discussion. Besides his experience and sharp wit, Marty has a great sense of humor. How did you find your way to your current position? I was working in-house at a pioneering video-on-demand company (DIVA Systems Corporation) in the Bay Area. As that company was about to be taken over by a larger company, I learned of an open position at Callaway. The Director of Golf at USC is a friend and I called him to see whether he knew anyone at Callaway. He had a number of connections at the company and my résumé made its way to the top of the pile. It was truly an example of how your personal network can open doors for you.
What is one of the biggest challenges you deal with as in-house counsel? Callaway operates in over 100 countries worldwide and because of that my job is considerably global in scope. In today’s connected world, this means that the work is truly 24/7. While we have a very well-known, global brand name, our law department is relatively small. As such, I have to understand the basic legal environments and the work cultures and climates in each of our various locations. To do that, I always need to be prepared to approach each matter from the perspective of being both an attorney for a U.S. publicly traded company as well as an international legal advisor who must be constantly aware of the differences in the law and business constraints faced by our worldwide teams. What is important for outside counsel to know about your job to better enable them to serve your needs? As an in-house attorney with one company
as a client, it is important for me to figure out how to get to “yes” as often as I can. It won’t always be possible, but I try to approach legal issues by telling my internal clients “yes, if….” Obviously, the “if” component has to be something that the business people would be willing to do (and it is this part of my approach that our outside counsel have to fundamentally understand). The law department in many companies can become an easy target for blame (“they’re a roadblock,” “it’s stuck in legal,” “they always say no”). I work hard to prevent our law department from being viewed that way by focusing on ways we can enhance the business while mitigating risk. This is something I reiterate to our outside counsel, worldwide, as often as I can. How do you define outside counsel’s role? I know it is a bit cliché, but our outside lawyers have to understand our business almost as well as our in-house team does and then be able to provide prudent, practical and timely advice. While many outside lawyers will tell you they can do this, it is my experience that they do not always deliver on this expectation. I have too many plates in the air (I’m probably dating myself with that expression) to have to manage outside counsel who waffle on issues or who give CYA opinions without practical application. I know I can be a demanding client with very high
Number of years in practice: Over 20
Company: Callaway Golf was founded by Ely (pronounced “ee-lee”) Reeves Callaway, Jr. in 1982. In 1992 Callaway Golf became a publicly traded company on the New York Stock Exchange under the symbol ELY. Callaway Golf Company (NYSE: ELY) manufactures and sells golf clubs and golf balls, and sells golf accessories, under the Callaway Golf® and Odyssey® brands worldwide.
Undergrad: Bard College Annandale-on-Hudson, NY (1984) Law school: Loyola Law School Los Angeles (1992) Favorite quote: “Do not permit what you cannot do to interfere with what you can do.” – Coach John Wooden Favorite book: Endurance by Alfred Lansing Hobbies: Spending time with my family (wife Lisa; daughters Noa, 15; and Ivy, 12) and our ever-changing array of pets and livestock. Other hobbies include skiing, hiking, travel, music, food, sports and, yes, even the occasional round of golf. 14 SAN DIEGO LAWYER July/August 2015
Employees: Approximately 1,300 worldwide Legal department: Five attorneys with five support staff Awards and Accolades: Callaway’s founder, Ely Callaway, had two successful careers prior to starting Callaway Golf in 1982. Early in his life, he was in the textile industry, including work as president of Burlington Industries. He then became a successful vintner in Temecula, CA, founding the Callaway Winery. He was in his early sixties when he created Callaway Golf. Mr. Callaway had several simple but long-resonating approaches to the business. First was to deliver “Demonstrably Superior, Pleasingly Different” products and services. Another (which I include in virtually all of my global legal training for the company) was “good ethics is good business.”
IN-HOUSE PERSPECTIVE expectations of our outside advisors, but this model has proven to be successful for me over the years. I am able to handle many legal issues internally. When I call outside counsel, it is because I need to have a true subject matter expert on the topic. When I find attorneys around the world that I can trust and rely on — and who get my need for practical and prompt advice — I tend to be very loyal to them and our relationships often last for many, many years. What practice areas do you typically find yourself engaged in on a regular basis? I am a true generalist. My work covers virtually every aspect of Callaway’s global operations and I typically deal with new issues every day. I lead the company’s domestic contracts department and serve as primary counsel for much of the company’s operations outside of the U.S., including our subsidiaries and distributor channels in Australia, Canada, the Caribbean, China, India, Japan, Korea, Latin America, EMEA and Southeast Asia. A sampling of the areas that I am involved with on a regular basis include
marketing and advertising matters, labor and employment law, corporate compliance and training, competition law, Internet and privacy law, promotions and sweepstakes, pro tour endorsement agreements, corporate financing and credit matters, mergers and acquisitions (and post-acquisition integrations), licensing and brand protection issues, government and regulatory matters, real property transactions and supply chain contracts. I also serve as the secretary and legal counsel for the Callaway Golf Company Foundation. Over the course of my 13 years with Callaway, I’ve drafted and helped negotiate some of the largest and highest profile endorsement and sponsorship agreements in the history of golf, including contracts with Phil Mickelson, Arnold Palmer, Justin Timberlake, Gary Player, Lydia Ko (the current world number 1 ranked woman golfer), Annika Sorenstam and many others. What advice do you have for new lawyers who are interested in working in-house? Starting your career (or working at some point during your career) at a law firm will
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never hurt. One of the best things about law firm work is the variety of different clients and businesses that you will likely become involved with. The diversity of client challenges that a law firm offers is a great building block for the foundation of what it takes to be a valuable in-house attorney. For that matter, having actual business experience can also be a real plus. Prior to going to law school, I worked for many years in the restaurant and entertainment business. The experience that I gained running a business gives me a deeper understanding of the needs and expectations of my business clients. The other important thing to work on is building a network of people that you can turn to for help with a transition in-house. If you have a particular industry that interests you, I recommend networking at industry events — but try to do it as non-obtrusively as possible. Alidad Vakili (email@example.com) is a corporate attorney with K&L Gates LLP.
BY CHRISTINE PANGAN
Hon. Michael Anello
Hon. Ana España
Hon. Esteban Hernández
Hon. Tamila Ipema
Hon. Gerald Jessop
Hon. Margo Lewis
Hon. John Meyer
Hon. Dwayne Moring
Hon. Roderick Shelton
Hon. Timothy Taylor
Judicial Pet Peeves While San Diego attorneys are generally regarded as being professional and courteous, it may be beneficial to know common annoyances shared by a few judges
an Diego Lawyer asked judges (Hon. Michael Anello, Hon. Ana España, Hon. Esteban Hernández, Hon. Tamila Ipema, Hon. Gerald Jessop, Hon. Margo Lewis, Hon. John Meyer, Hon. Dwayne Moring, Hon. Roderick Shelton, Hon. Timothy Taylor) about their pet peeves. Though judges may have some pet peeves, they have also been quick to praise the local bar. One judge said neither he nor some of his colleagues had any pet peeves! U.S. District Court Judge Michael Anello finds “we've generally been blessed with a high level of professionalism among the lawyers who visit our courtroom.” For San Diego Superior Court Judge Tamila Ipema, there is rarely a lack of civility in her courtroom by attorneys who appear before her on a regular basis. “We are very lucky to have an outstanding bar in San Diego consisting of high caliber attorneys who
hold themselves to the highest standard as officers of the court,” she notes. While San Diego attorneys may hold a reputation for being civil and professional, it is always important to be aware of some of the bench’s universal annoyances and to avoid behaviors they see as problematic. Aside from the common complaints of lack of preparation or not showing up on time, here are a few of the pet peeves local judges shared: Show civility/courtesy/respect Hon. Anello: We occasionally see a lack of civility between lawyers (sometimes in the presence of the jury), along with a lack of courtesy toward courtroom staff, which is always troubling. Hon. Hernández: Unprofessional personal attacks on opposing counsel and/or the opposing party.
Hon. Ipema: My biggest pet peeve is “lack of civility” by attorneys in dealing with each other or with the self-represented litigants, either inside or outside of the courtroom. I strongly believe that lack of civility by attorneys, who are officers of the court, undermines the public’s respect and confidence in our justice system. Hon. Lewis: I do not like when counsel does not take the time to find out the name of their opposing counsel so that they can politely refer to them by name in litigation no matter how contentious the issues may be. I think it shows respect in the practice to one another and the court. Hon. Shelton: Attorneys who are not respectful to the court or opposing counsel. An attorney can advocate on behalf of their client but there is no need to be unprofessional by being rude, condescending or raising your voice.
We've generally been blessed with a high level of professionalism among the lawyers who visit our courtroom. – Hon. Michael Anello 16 SAN DIEGO LAWYER July/August 2015
TIPS Do not interrupt each other with “talking” objections Hon. España: I believe attorneys can be strong advocates yet at the same time be respectful to opposing counsel. What annoys me the most is when counsel constantly interrupts the other (and I’m not talking about making proper objections during trial), and that is especially true after numerous warnings by me. I expect all counsel to act professionally and be civil with one another. Hon. Lewis: It is not appropriate and it makes the record very unclear. Objections are appropriate, but need to be made with a legal objection and that is all. If the court wants to hear further or if the attorney would like to be heard on an objection, then that request can be made. Hon. Shelton: I call this the “Law and Order” attorneys. If you watch the TV show “Law and Order,” the attorneys will argue in chambers or in court without the judge saying anything. Instead of waiting for my ruling on an objection, the other side will immediately argue why it is not objectionable. Attorneys should wait for the court to rule and then make your argument to the court; do not argue with opposing counsel. Make it easy for the judge to rule in your favor Hon. Taylor: There are many examples of this. One is failing to include a proposed order with an ex parte application. This is not only required by California Rules of Court, Rule 3.1201(5); it also makes it easy for the judge to discern what relief is being sought, and easy for the judge to grant it. It also forces counsel to really focus on what order they are asking the court to make. It never ceases to amaze me how many lawyers run into court on a perceived emergency without really considering what relief they want. Hon. Jessop: Don’t file written motions to strike portions of a declaration without expecting the court to take the time to rule on all of your objections. Remember, the same judge that is ruling on your motion to strike a portion of a declaration is the same judge hearing the evidence in the case. Sometimes it’s better to let “sleeping dogs” alone.
Hon. Shelton: One pet peeve would be attorneys who state, “Well another judge did this or so and so judge did this.” That is not going to change my mind. We are independent judicial officers. Follow court rules Hon. Anello: We have occasional difficulties with late filings and/or failure to follow court rules (both district court rules and chambers rules), which contribute to extra work and a lack of efficiency in processing our cases. Hon. Jessop: Counsel fail to adhere to California Rules of Court, Rule 5.98: the requirement to meet and confer prior to an RFO. Note that this rule also requires the parties to exchange documents they intend to use at the hearing.
Hon. Jessop: A 20-minute or 40-minute time estimate should include time for the court to hear the argument of counsel, take testimony and still leave sufficient time for the court to rule. It always amazes me when counsel doesn’t leave the court time to rule on their motion or fail to include in their estimate the time they lose when opposing counsel objects and interrupts the presentation of their case. Avoid losing credibility Hon. Hernández: Failing to shepardize cases cited. If I shepardize a case and find it has been overturned, the attorney loses all credibility. Hon. Meyer: Calling the jury “you guys,” or saying things like, “I’m just a lawyer so these numbers might not make sense,” or, “I know this sounds like a stupid question, but I’m a lawyer...” Avoid other trial fails
...attorneys who state, 'Well another judge did this or so and so judge did this.' That is not going to change my mind. We are independent judicial officers. – Hon. Roderick Shelton Give accurate time estimates Hon. Hernández: Giving time-estimates that are clearly too short for the matter. Hon. Moring: Attorneys not keeping an eye on the clock and questioning witnesses past the scheduled time for a recess or close of the day.
Hon. Anello: In trial (particularly in civil cases), we often see a lack of timely attention to jury instructions and verdict forms (often resulting in extra work for the judge and the law clerks, along with a delay in getting the case to the jury). Hon. Moring: Failure to describe a witness’ physical gestures while the witness is testifying. Hon. Jessop: Failure to distinguish between “lodging” documents and exhibits. A “lodged” document is not in evidence. If counsel wishes to enter the “lodged” documents into evidence, then be prepared with the proper identification. Keep the numbers/letters consistent. Christine Pangan (firstname.lastname@example.org) is a staff attorney with the Legal Aid Society of San Diego and is Co-Editor of San Diego Lawyer.
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STATE OF THE COURTS REPORTS FROM THE BENCH
AND JUSTICE FOR ALL* – THE STATE OF THE SUPERIOR COURT *Please hold. All of our clerks are currently busy. Your plea for justice is important to us. Please hold. By Hon. David Danielsen Budget, Budget, Budget. That is all we have been talking about for years. How is the health of the superior court? Things seem better. Are they? Can one definitely say that things are not worse, i.e. better than things have been? Really? Or are we just getting used to it? Or just getting tired of hearing about it and talking about it? The new budget has been signed and there is new money, a 5% increase, for the trial courts. That’s good. But it has to be measured against the deep cuts of the immediate past and increased costs. San Diego’s share of this increase is adjusted by the workload allocation funding model (WAFM) adopted 2013 by the Judicial Council and reflects the important ongoing priority of beginning to address the historical county to county funding inequities statewide. Translation – the net is not going to be a 5% increase for us. The budget has other money in it for the courts. There is money to pay for local employee benefits, but it is for last year and the year before – paying back money that is already spent. And the cost of this year’s and next year’s benefits are going up. A new Union contract has cost a bit more. There may be a little more grant money for use in the collaborative courts. One time money is coming for Prop 47. So things are not worse. But they are not markedly better. We are still in trouble. We still have the same basic problem. Not enough people. Not enough modern improvements to avail ourselves of the benefits of technology. Not enough
training dollars. Not enough of anything to respond to changing times, demographics or priorities. We still have not dealt with the basic fact that the trial courts have had their budgets slashed and services have been slashed. The little new money does nothing to fix the roller coaster of inadequate funding that still comes from a combination of not enough stable ongoing state general fund tax dollars supplemented by “pay to play” fines, fees and assessments, single purpose grants and one time moneys (many of which are reimbursement after the fact). In the court world, budgets are cobbled together on a wing and a prayer and projections. Sound business practices like saving funds by belt tightening and earmarking dollars for special projects or improvements are all but prohibited by a strict limit of 1% on fund balances at fiscal year-end (no reserves or rainy day funds for the judiciary).
fiscal year, is wonderful, but one really wonders how to spend it. Are temporary project workers really good government? Reassigning the too few existing court employees means other work will be delayed or undone in addition to the work that is already delayed or undone. Wanted: trained judicial branch clerical staff for temp work.
The Court is an institution that must be there year after year with enough adequately trained staff to handle the variety of ways our society seeks justice when they seek it. A justice system funded at 68% of identified need can never meet 100% of the critical needs of our constituents in a timely fashion.
Delay and backlog are not justice; they are not a sound justice strategy as an alternative to adequate funding.
Proposition 47 is a prime example. New work arrived on the day after the November ballot. As of today, 35,773 petitions have been filed and require due processing. Not a dime has yet been seen for the project. Don’t get me wrong. Funding, even one time funding arriving 8 months into the work and which has to be spent in this upcoming
Therein lies the rub. The institution needs to have adequate resources and adequate trained staff ready in place to cope with society’s needs and justice demands. Now, the new challenge is Proposition 47, and then we will move on to the next big thing. The funding and the people to handle the next big thing still won’t be there. Every day we have the steady flow of civil and criminal, family and probate, juvenile and small claims and traffic, all of which are impacted daily by an institution that can’t currently meet the demand.
Hon. David Danielsen is Presiding Judge of the San Diego Superior Court. July/August 2015 SAN DIEGO LAWYER 19
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA By Hon. Barry Moskowitz 2014-2015 was a stable year for our Court. We had all of our District, Magistrate, and Bankruptcy Judge positions filled. Congress provided sufficient funding to support all of our operations. We are upgrading the technology for audio and video presentations in all of the courtrooms in the Edward J. Schwartz Courthouse. This will provide counsel with state of the art technology for their presentations at trials and hearings. On December 18, 2014, Congress passed a bill naming the new courthouse the “James M. Carter and Judith N. Keep United States Courthouse” and the entire federal complex the “John Rhoades Federal Judicial Center.” The John Rhoades Federal Judicial Center is composed of the Schwartz, Carter-Keep and Jacob Weinberger Courthouses, the Schwartz Federal Office Building, and the Metropolitan Correctional Center. The
20 SAN DIEGO LAWYER July/August 2015
Judicial Center occupies a five square block area in the center of downtown San Diego. It includes a courtyard, walkways and open green space, which gives the Judicial Center a campus feel. Future plans include more courtrooms and an outdoor coffee cart in the courtyard. The Judicial Center was named for Judge John S. Rhoades who was instrumental in saving and restoring the Weinberger Courthouse. Judge Rhoades was also instrumental in obtaining the funding for the new courthouse. The Carter-Keep Courthouse was named for two pioneering judges of our court. James M. Carter was the first judge of our court and encouraged the creation of our district in 1966. Judith N. Keep became the first female judge of our court in 1980, becoming a trailblazer for women in the legal community.
We thank Senators Barbara Boxer and Dianne Feinstein, Congresswoman Susan Davis and Congressmen Darrell Issa, Duncan D. Hunter, Scott Peters and Juan Vargas for naming our new courthouse and federal complex after such distinguished jurists.
Hon. Barry Moskowitz is Chief Judge of the United States District Court Southern District of California.
COURT OF APPEAL
FOURTH APPELLATE DISTRICT, DIVISION ONE By Hon. Judith McConnell The Court of Appeal has experienced a period of stability for some time. Our fiscal situation is relatively unchanged from last year although our employees are finally looking forward to receiving a cost of living adjustment for the first time in seven years - a real boost to morale. Nonetheless, we have been maintaining a high number of vacant positions due to budget cutbacks and the staff shortfall obviously impairs our ability to timely dispose of cases. We are hoping to fill some of our vacancies soon. We were also relieved this year that rent increases and health care benefit cost increases will be covered by the state budget. The criminal caseload in the Fourth District as a whole continues to increase. During the last quarter, we experienced an increase of 7.5% in criminal cases and a 12% increase in juvenile delinquency. Because of the heavy criminal caseload particularly in Division Two (Riverside, San Bernardino, and Inyo), we continue to transfer cases to Divisions One and Three (Orange) to equalize the workload. Since October 2013, we have transferred 436 appeals from Division Two to Divisions One and Three and 54 writs. The transfer program includes civil cases so that civil litigants can have their cases heard more expeditiously. In order to assist us with this work, Judge Ronald Prager began sitting on assignment to our court and we expect him to remain until the end of the year. With his assistance,
we are hoping to remain fairly current on our civil caseload and the number of civil non-priority cases awaiting decision has declined from 83 to about 20 pending cases. We are continuing to use technology to improve service to the public and increase efficiency. Electronic service of notices, orders, opinions and remittiturs has improved the timeliness of our notification to counsel and the parties. This year, effective July 1, we will implement mandatory e-filing of original proceedings â€“ except for habeas and self-represented litigants â€“ and the use of credit cards to pay filing fees. Seems strange to most of us that our appellate court is just now starting to use electronic payment! We also expect to implement full e-filing in early 2016. We are investing in technology that will provide access to court documents on the web within the next two years. Our collaboration with the San Diego County Bar Association continues to pay dividends for the public. Both Divisions One and Three have worked with local bar associations to implement self-help clinics for self-represented litigants and we meet regularly with the bar to improve our case management. We have a judicial vacancy in Division Two with the retirement of Justice Betty Richli, but no vacancies are pending in Divisions One or Three.
We are also pleased to announce the California Supreme Court will hold session at our court September 28, 2016, and we are organizing an outreach effort in conjunction with that visit. In the meantime, Kevin Lane and I have been working with the Superior Court, particularly Juvenile Court Presiding Judge Carolyn Caietti, and local business and community leaders on the San Diego Civic Learning Partnership to boost and support improved civic learning in our county. Sixth grade students from El Camino Creek Elementary school presented a special moot court dramatizing the case of Korematsu v. United States in our court. We look forward to continuing our work with the bar on public education about our system of justice, particularly for our youth.
Hon. Judith McConnell is Administrative Presiding Justice of the Court of Appeal, Fourth District, Division One.
July/August 2015 SAN DIEGO LAWYER 21
U.S. BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA By Hon. Christopher Latham
The end of April 2015 marked an important, if bittersweet, milestone for our Court when Judge Peter W. Bowie retired from judicial service after 27 years as a U.S. Bankruptcy Judge. We were sad to see our much-loved colleague depart, but also pleased for him as he ventures forth on his new professional journey. All of our Court’s judges and staff are grateful for his years of dedication, collegiality and warm manner. I, in particular, will miss having him around the courthouse. He has been a generous mentor to me from the moment I arrived at the Court nearly three years ago. I am grateful for that support and honored now to hold the very judicial seat he inaugurated in 1988. Best of luck in all your future endeavors, Pete!
Over the last year, the downward trend in our case filings has leveled off. While we are enjoying a new stability in that regard, the Court also recognizes that it creates a challenging environment for bankruptcy practitioners. And we have taken good advantage of the opportunity to improve our local rules and forms before the next wave of increased filings inevitably arrives.
With Judge Bowie’s departure, the Court has four active judges, our full complement. In January, we received the happy news that the Ninth Circuit Court of Appeals reappointed Judge Louise DeCarl Adler to a new 14-year term. Judge Adler has the distinction of being the longest-serving female Bankruptcy Judge in the nation. She has been on the Court for 30 years. To put that in perspective, Judge Adler alone has the judicial experience of the other three judges combined. Her reappointment keeps our bench-strength deep. And it is a vital source – along with Clerk of Court Barry Lander’s three-decade tenure – of institutional continuity. She is a woman of uncommon energies, indeed.
By the end of 2015, the Court also expects to have modernized and revised its corpus of local forms. Anyone who has practiced in the Bankruptcy Court knows there a lot of them. But painstaking as the updating process may be, it is a vital one. The Judicial Conference of the United States will be revamping many national forms as of December 2015, and the new local rules likewise make a systematic review of our forms appropriate. To that end, the Court has already solicited and received input from bankruptcy practitioners.
22 SAN DIEGO LAWYER July/August 2015
The Bankruptcy Court’s new local rules went into effect on March 1, 2015. They represent the first systematic redrafting in nearly 20 years and are the product of many months’ labor by the local committee. The judges are grateful for the sustained hard work of the committee’s attorney members.
In addition to these projects and our cases, the Bankruptcy Judges are each busy with other responsibilities enhancing the excellence of the federal courts. Chief
Judge Taylor is a member of the Ninth Circuit Bankruptcy Appellate Panel. She maintains an appellate caseload over and above her other work. Judge Margaret Mann is the program chair of the Ninth Circuit’s conference executive committee – one of the most demanding judicial committee assignments around. And her leadership duties will continue next year as well. The members of this Court and the clerk’s office staff all strive to provide the highest quality service in an efficient manner and in faithful accordance with the rule of law. It is our honor to serve the people of the Southern District of California!
Hon. Christopher Latham is a judge with the U.S. Bankruptcy Court for the Southern District of California.
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SDCBA “San Diego Lawyer” ad
COURT FUNDING UPDATE Dear colleagues: For the last three years, the San Diego County Bar Association has been working to improve the state of funding for our courts after devastating budget cuts left California’s branch with a nearly $1.2 billion dollar deficit. Our Court Funding Action Committee (CFAC) has met with our local legislators several times over the last few years to share the need for increased funding and to explain how an underfunded court system impacts the businesses and families in our community who rely on the courts to settle their disputes in a timely manner. We now are ready to release our third annual State of the Judiciary in San Diego County report to our legislators, the local and national news media, and our community. The 2015 report details all of the areas where state court services have been cut in the last few years – and how these dramatic cuts delay cases for prolonged periods of time, leaving parties in an unpredictable and indefinite limbo. Obviously, lengthy delays affect the administration of justice, but the cuts have significantly slowed down how long it takes to process a judgment, too. At the end of the day, we know that the impact on families and businesses from
“justice delayed” is immeasurable. All of our analysis leads us to one conclusion – the restoration of court services is paramount. As attorneys, we are in the proverbial trenches with our clients. We are uniquely positioned to demonstrate how diminished court services (i.e., closed court rooms, shorter hours, fewer staff, greater caseloads for judges) diminish justice. Your assistance is critical to our efforts. Help us to show why the need for restoration is so great – why our legislators and Governor must prioritize the restoration of services to our community to expedite cases in a timely manner. Please continue to seek out and share our community’s stories, and give us the tools we need to explain how extended delays impact justice at www.sdcba.org/courtfunding. We also invite each of you to read and share our 2015 report on the State of the Judiciary in San Diego County in its entirety at www.sdcba.org/courtreport. The infographic that follows is included in that report, and it provides a quick “by the numbers” snapshot of how damaging the funding cuts have been to court services. Thank you for your ongoing support of our continued efforts.
Richard A. Huver 2015 SDCBA President
Heather S. Riley SDCBA President-Elect and Court Funding Action Committee Co-Chair
Richard H. Layon Court Funding Action Committee Co-Chair
July/August 2015 SAN DIEGO LAWYER 25
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Did you know? The SDCBA is proud to have formed a new Juvenile Law Section. If you are interested in joining, or would like further information, please email email@example.com.
Juvenile Dependency Court Making a difference in the lives of children and all of the other parties involved By Suzanne Schmidt
here aren’t many courtrooms filled with stuffed animals and toys,” pointed out Tracy De Soto, a lawyer who represents minors. Given special security access to the closed courtroom, I spot a monkey, a fire truck, an elephant on the shelves. The hearing over, the judge invites a young child to pick out a toy — to keep. Juvenile dependency court — at first blush a seeming misnomer — is part of the superior court system. Although that toy might bring some sunlight into the child’s day, the dependency courtroom is rarely a happy place. The tragedies that bring families through its doors every day overshadow any fleeting, bright moments. Each family has, for some reason, stopped functioning at the most basic level. At one extreme, a newborn with shattered bones; a three year-old girl, the victim of sexual molestation — victim of
a close family member; a six year-old boy, starving because of his mother’s substance abuse — she refuses to feed him. How do families end up here? Some cases start with a call to the child abuse hotline, then a social worker home visit. If the child is in immediate danger, the social worker removes the child to an emergency shelter and, within two days, petitions the court. That triggers an immediate hearing. The court appoints attorneys for each parent and the child, and then decides whether the child can temporarily remain at home; the court also focuses on whether the social worker made reasonable efforts to keep the child with the family. Tilisha Martin, who has worked as a minor’s lawyer for ten years, explains: "Most of the time, the same attorneys and judge are assigned to the family throughout the dependency case. This gives everyone working with the family
an opportunity to know the children and the parents — to learn the way the family functions, and learn about their strengths and challenges. This information is important to support the success of the family." As a case moves through the court process, the judge must determine whether the child has suffered abuse or neglect. If so, the child becomes a juvenile court “dependent” and the parent or parents lose custody until they complete a social worker-created plan; the goal is reunification with their child — minimally within six months; two years at the outside. The focus is the best interest of the child. Historically, the child’s view has been ignored; but no longer. Today, the court wants to hear the child’s voice. Martin highlights the value of trust to empower a child:
July/August 2015 SAN DIEGO LAWYER 29
"What is really important is the client’s ability to trust me. Trust takes time. Building rapport is important so children feel comfortable expressing themselves. I often tell clients ‘You don’t know me, so I understand if you do not want to tell me about your experience. But I’m hoping, over time, you can trust and rely on me.’ Children are really insightful, and every time I listen to a child I learn something. Children teach me to be a better advocate. It is very rewarding to connect with the child in a way that I can encourage him or her to feel empowered. " The court evaluates the parents’ progress every six months to determine if the child can return home. Each hearing involves a social worker, county counsel, the child with the child’s appointed lawyer, each parent with the appointed lawyer for each, a court appointed special advocate (CASA) from Voices for Children, interpreters if needed, and sometimes a tribal representative when the child is American Indian. The professionals have one goal: successful reunification. As De Soto says; “It takes a village.” If the parents demonstrate they can provide a safe home, the court will reunite the child and the family. Lisa Storing, county counsel, explains: “My favorite part of this job is seeing the look on everyone’s face when a family is able successfully to reunify. You can tell how proud everyone feels.”
"Children are really insightful, and every time I listen to a child I learn something. Children teach me to be a better advocate." – Tilisha Martin If, however, the parents fail, the court must develop a permanent plan for the child: long-term foster care; guardianship; or even adoption after termination of parental rights. Lawyers and judges find these hearings emotional and draining; the child has been away his or her parents for months; the professionals have exhausted their efforts to help the family reunify. As Storing says, “One of the most challenging aspects of my job is seeing parental rights terminated where it is a close call and it is evident there is a lot of love between the parents and the children.” If the family cannot reunify, the child’s life changes profoundly — sometimes for the better. De Soto recounts her own experience: "I find it extremely fulfilling knowing that I can make a difference in even one child’s confidence, experience, schooling, and life! They may not have the best parents or the best childhood, but now that the County has intervened, we can show them that others care about them and their future." Juvenile dependency proceedings are confidential, closed to the public. Helping the children, however, is a community effort; it also provides an opportunity to make an impact. As De Soto reminds us: “It is our responsibility as a community to help these children, to lift them up and guide them to opportunities that are out there.” Suzanne Schmidt (firstname.lastname@example.org) is a law student at California Western School of Law.
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Dependency Legal Group (DLG) and Voices for Children (VFC) are two organizations integral to San Diego’s juvenile dependency court. Candi Mayes and Brian Blackwood founded DLG in 2010 as a non-profit public benefit organization funded by the Judicial Council of California. DLG provides pro bono legal representation to parents and children in juvenile dependency court. While operating carefully to avoid conflicts of interest, DLG provides equal access to resources and standardize practice requirements. Mayes explains, “Our attorneys fight to reunify families where we can, and when families do not reunify, we are confident that it is a protective issue because we have quality attorneys working hard to reunify the family.” In addition to providing zealous advocacy, DLG is proud to be on the forefront of changing legislation in an effort to provide better outcomes for families and foster youth. In addition, Mayes states, “We partner with other organizations to create a network where we can consult with each other and work together to benefit the community and better serve our clients.” VFC is an entity that recruits, trains, and supports Court Appointed Special Advocates (CASAs) to advocate for more than one-third of the local foster children. As Sharon Lawrence, President and CEO of VFC, explains, CASAs are people with big hearts who want to help kids. By spending time with the children, the children’s family, foster parents, teachers, therapists, and social workers, CASAs become the experts on the children and are able to give the judge a more complete picture of each individual child’s needs. CASAs are able to tell the judge when a child may need glasses or a prom dress. CASAs help drive children to medical and dental appointments and make it possible for them to visit their brothers and sisters. Every volunteer has a paid professional to guide them as they work with the children. “Our mission is to provide a CASA for every child in the county of San Diego that needs one. We need many more volunteers, especially men, people of color, and Spanish speakers,” states Lawrence. Want to get involved? To become a volunteer, email email@example.com or call (858) 598-2230, and to support the program, visit speakupnow.org.
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Introduction by Richard Huver 2015 SDCBA President
“Compassion … is a mental attitude based on the wish for others to be free of their suffering and is associated with a sense of commitment, responsibility, and respect towards the other.” – The Dalai Lama, The Art of Happiness: A Handbook for Living The legal profession is a helping profession. We assist others in navigating their way through a system that can be difficult to understand. We advocate on behalf of those who feel they have been wronged and are seeking justice. Compassion for our clients is critical. Throughout the year, we have been talking about practicing at the highest level of the profession. Here are two stories of attorneys who went above and beyond the standards of the profession to help others in need – they looked beyond a win or loss in the courtroom and saw past a big payday. Professionalism doesn’t require you to donate your kidney to your adversary or to work without an agreement, but these lawyers did. We share their stories here as part of our #ProInPractice campaign. (www.sdcba.org/professionalism)
At the SDCBA's 2015 Jay Wheeler Civility, Integrity and Professionalism program, nationally renowned litigator Lewis Sifford shared the following article. He used the story to showcase the value of being kind and professional with everyone – opponents included.
This article originally appeared in the Summer 2009 issue of Baylor University School of Law's Docket Call. It is reprinted with the permission of Keith Langston and Scott Skelton.
A Matchless Friendship
aylor Law School graduates Keith Langston ('01) and Scott Skelton ('92) have been matched up countless times on opposite sides of the courtroom. One match, though, had nothing to do with the law, but it had everything to do with life, and it turned those frequent adversaries into united advocates for a common cause. Langston is a plaintiffs' lawyer with Nix, Patterson & Roach in Daingerfield; Skelton works defense and is a partner in the Zeleskey Law Firm in Lufkin. The two have known each other about eight years, working on opposing sides of the docket in asbestos cases. But instead of an acrimonious relationship, the duo became friends. "Keith is about five years younger than I am, but we have gotten along since day one," Skelton said. "I think a lot of that has to do with the way we were trained at Baylor Law School. We were taught that you can show respect to colleagues; you don’t have to start a war with opposing council to be a zealous advocate." But even though they go up against each other in cases (Langston estimates he has around 4,000 cases against Skelton's client), they discovered they shared some commonalities – their experiences during law school, their roles as dads in the competitive world of children's soccer, and their fondness for hunting. But Skelton never imagined that he would have to turn to Langston for a life-saving operation. In 2006, Skelton learned he had IgA nephropathy, a disease that can cause loss of kidney function. The cause of the disease
32 SAN DIEGO LAWYER July/August 2015
is unknown; it seems to strike at random. Skelton wasn't too worried when he learned that 80 percent of people diagnosed with the disease go on to live long lives. Unfortunately, he was in the minority. "In November 2008, my kidney function was at 8 percent; the doctor told me I either needed to start dialysis or get a transplant," he said. Langston knew his friend had a kidney problem but he didn't know how serious the condition was. Luckily, a co-worker of his from the Nix firm was attending a CLE event in Houston and ran into Skelton, who mentioned his need for a transplant. "My co-worker told me, and I immediately called Scott to ask what I could do to help,'' Langston said. “I was a believer in organ donation but I had never considered live donation until then. I asked Scott if there was a way I could be tested to see if l could be a match; he faxed me the paperwork, which I filled out and sent back." Langston said the first round of testing for him was easy, consisting of a series of blood tests performed in his doctor's office. Skelton's brother also was undergoing testing, and he looked to be the better candidate for the transplant. "My brother went through the whole process, but was eliminated because his blood pressure was a little elevated," Skelton said. Amazingly enough, Langston was an excellent match to Skelton – not quite as good as his brother but close enough to make little difference in the long run.
''After he found out that his brother was disqualified, Scott called me to say. 'Get out of the on-deck circle. You're up,'' Langston said, laughing. After that, testing got more intensive. Langston spent two days at Baylor Medical Center in Dallas having his kidney function tested. He had an MRI, EKG, chest x-ray and a kidney function test performed and even underwent psychological testing. He was given a clean bill of health to go forward with the kidney donation. “Time was pretty much of the essence because of Scott's condition, so once I was cleared everything went quickly," Langston said. The transplant was performed in February and was a resounding success. Langston said he could see an improvement in his friend a mere 24 hours after the surgery. Scott concurs, saying his joints, skin and even his hair felt better. Langston left the hospital less than 48 hours after the surgery; he was back at work after missing only four days and played a round of golf 14 days out. Skelton took a bit longer but was telecommuting from an apartment in Dallas a couple of weeks after the transplant. "My recovery was pretty easy because I was in very, very good health except for my kidneys," Skelton said. At eight weeks out, it was difficult to see who was the organ donor and who was the recipient. "We had a kidney function test performed at that appointment, and he actually
outscored me,” Langston said. Skelton will have to be on antirejection medication the rest of his life, but he is basically cured. He has resumed his active life, but he did sell his two motorcycles, not because of limitations but more from worry that he might hurt the unbelievable gift from his friend. The surgery did forge a bond of steel between the Baylor Law alums. Their families got together over Easter weekend, and when Keith and his wife, Kate, attended a family funeral in Lufkin, they dropped their children off with the Skelton family. "I'm even trying to convert Scott to the plaintiff's side," Langston said. "We have looked at three different plaintiff cases that we could work on together, but none has panned out." Instead, they are advocating for organ donation. Langston ordered 100 green rubber bracelets that say "Donate Life" from the National Kidney Foundation and divided them with his friend. "I have been handing out the rest to various other people that I meet," he said. "I wear one and when someone asks about it I just give it to them and then go get a new one out of the box. The bracelets say Donate Life in both English and Spanish (Done Vida). Everyone seems to wear some kind of little rubber bracelet these days thanks to Lance Armstrong, so I figured why not one about organ donation." His message to others is to consider kidney donation. "Most people think donating a kidney would be a horrible experience, but they are misinformed," Langston said. “I had a couple of days of discomfort, but Scott now has a normal life." For Skelton, the lesson taken away from the experience was perhaps more profound. He wrote in his blog: "I learned that the greatest gift that you can give is to put others first. It is really what we were made for. It is what we are called to do. It is ultimately what gives us the greatest joy and the most satisfaction. It is what makes the earth a better place and what makes us most like our Savior. But, we must open our eyes and our hearts in order to see where we are needed and how to respond. We must get over our fears and hang ups. And most of all, we must get over ourselves and let God lead us where he would have us."
This article is reprinted with permission from Barbara Mencer.
One Rule You NEVER Break By Barbara Mencer
do a lot of my work with lawyers and before a lawyer will start doing work for a new client, I know she’ll typically want a signed letter of agreement and most likely a retainer or deposit. That’s just a sensible business policy. Standard practice. Gotta do it. But do you always have to do it? What if choosing not to follow your standard policies would make all the difference for your client? What if waiving the rules were the right thing to do, even if it left you vulnerable to being taken advantage of? If you hadn’t noticed, attorneys are really keen on not being taken advantage of. But sometimes, you gotta take a chance and break the rules, simply because it’s the right thing to do. My father has stage 4 lung cancer and is in his last months. It hasn’t been easy … and it gets tougher every day. He and my mother, both 80 years old, needed their estate planning documents updated. I contacted a lawyer who specializes in estate planning. It was the holidays, and I was concerned the lawyer wouldn’t be readily available. I also knew that typically she would want the aforementioned signed engagement letter and deposit before beginning to work on the matter. This could take several days, and I wasn’t sure we had the time to waste. I explained to her my father was in a rapid state of decline and there was real urgency to get the work done. I braced myself, expecting her to say that she could meet with them, but she’d need a letter, a deposit, and would need to push the meeting off till after the holidays. Nope. She didn’t. She said she could meet whenever they were ready and even suggested she come to their house. We set the meeting up for a
Saturday afternoon. She sat down with my folks and reviewed their current documents, made sure she understood their desires and said she’d have drafts within the week. No engagement letter and no retainer. She didn’t even mention them. When she sent the draft documents, she included an engagement letter and asked for their signatures, so she could put it in her files, but waived the deposit. Here was a professional who understood the particular needs of her clients and was willing to set aside her usual requirements in order to help an elderly couple in crisis. Did she take a chance? Yes. Could my parents have not signed the engagement letter or refused to pay her fees when they received her bill? Sure. It happens. That’s why you have the policy. But she took that chance. And, guess what. They’re singing her praises to family and friends. And so am I. Business is business, and you have to follow a set of rules … most of the time. But not always. Not when adhering to them would break the most important rule of all … the golden rule. The golden rule trumps all business considerations. That’s a rule you never break. If you live your life and operate your business from that simple precept, you will have achieved a special kind of success money can’t buy. AND … you’ll have everyone you work with singing your praises, which isn’t exactly bad for business. Barbara Mencer specializes in working with attorneys, CPAs, and other professional service providers and their firms to help them grow their businesses. She can be reached at Barbara@BusinessBreakThroughInstitute.com.
July/August 2015 SAN DIEGO LAWYER 33
“Without a solid brand you are adrift in the sea of noise.” Ries, A., & Trout, J. (1986). Positioning: The battle for your mind. New York: McGraw-Hill.
BUILDING YOUR PERSONAL BRAND By Erik Nelson
Personal branding is imperative because law firms are established and maintained based on the reputations of attorneys. Branding can help solidify your identity in the minds of potential clients and it helps to know what you are trying to achieve and how best to go about that. I spoke with two attorneys from a couple of San Diego’s best known firms: John Gomez, President and Lead Trial Attorney at Gomez Trial Attorneys; and John Morrell, Managing Partner and Chairman at Higgs, Fletcher & Mack LLP; as well as legal marketing expert Jennifer Whitelaw, of TW2 Marketing, to discover more about their particular approaches towards branding.
What is Branding? Whitelaw: Positioning yourself, your career, and your firm as a brand; meaning to be known for some specific trait, expertise, or skill to a preferably targeted audience. The goal is to educate your circle of influence about how to refer you and your firm to potential clients and customers. Morrell: A brand is a much more indepth concept or range of ideas and communication than just somebody’s logo on the wall. The brand is what are you known for and what we are trying to do by our brand is reinforce what we stand for which is high quality professional services. Gomez: Personal branding for me is both building an identity and living up to it.
Brand Development Morrell: It is critical in brand building for an attorney to develop a particular ability within the law and to be known in the community for such. We want our lawyers to focus in on an area that is enjoyable to them, where they find interest, somewhere they want to develop their own niche. You don’t want to be a mile wide and an inch deep, you’re better off being 10 feet wide and 20 feet deep. Attorneys should focus on a few professional and civic organizations and become heavily involved in them. By virtue of being involved in leadership roles in the community you get to know people in influential positions that ultimately become your clients or will direct people to be your client, and they
know you and know your capabilities. Gomez: We first envisioned who we wanted to be as a group of trial lawyers. That was, lawyers that will fearlessly try cases and tirelessly help their communities. We then worked extraordinarily hard to actually live up to that vision by both trying cases and being active change agents both through dollars and sweat equity. Finally, with the work done and reputations established, we let our community know exactly who we are.
Branding Resources Whitelaw: Social media offers myriad options like LinkedIn and Twitter, various blog platforms and both on-demand and live streaming video services like YouTube, Vine and Meerkat. Despite the limitless possibilities presented by social media, it still needs to be used in a way that’s consistent with your brand. Make sure you have a clear idea of what you want to convey and how you want to be known. Consider which platforms will best accomplish this and reach your target audience. Also, don’t over-commit to a social media campaign. It’s better to pick one platform to use consistently then to maintain an irregular presence on many. Speaking engagements, whether obtained through a professional or community organization or part of a seminar hosted by your firm, can also help position you as an expert in your field, as can bylined articles and interviews in media publications. Rather
than using these platforms to tout your own accomplishments, consider providing information that will be useful to readers and followers, but take caution not to represent your posts and presentations as legal advice without an established client-attorney relationship. Awards often come with more than just bragging rights, many award programs are hosted by business or industry publications that then print information about the finalists and winners, offering yet another opportunity to position yourself and your firm as a leader in your field.
Final Thoughts Gomez: What really determines success is how hard you are willing to work to live up to that brand, one client and one day at a time. Morrell: Be an excellent lawyer so that you brand starts with your own particular performance as a professional, and that means internally and externally returning phone calls, your written product, the quality of your product, your honesty and integrity. Whitelaw: Communicate with your referral sources on a regular basis, but make sure the communication you push out is valuable to them; don’t just fill up their inboxes and social media feeds. Everything you put out there (online and in person) should be consistent with your personal brand. Erik Nelson (firstname.lastname@example.org) is an associate at Rockwood & Noziska LLP.
July/August 2015 SAN DIEGO LAWYER 35
Branching Off Looking to venture off from your firm? Be sure to keep these tips in mind By Gail King
any lawyers looked to start their own firms out of necessity during the recession in the early 2000s. Today, some are now considering it out of opportunity. The current economy offers a better vantage point with things looking up for the profession, and overall, given heightened competition for skilled legal professionals and increasing starting salaries for law jobs by three percent, on average, in 2015 compared to 2014, according to Robert Half. For James S. Iagmin, of Williams and Iagmin LLP in San Diego, starting his own firm, meant having greater freedom, “I wanted to realize my own vision for my practice: to provide excellent representation and advocacy directly to my clients, to take a hands-on, creative approach to helping them through a difficult time in their lives; control my own calendar and make sure I spend lots of time with my family.” How should you prepare if you determine starting a practice is the next logical step? For almost 30 years, I have had the pleasure of working closely with the legal community, helping to manage their finances and business objectives. Following are just a few insights gleaned from those that have successfully broken away. Ensure a steady customer pipeline. Having a steady flow of business and cash, initially, is probably one of the biggest concerns for lawyers at new practices. Though there are no single right answers to when is the best time to start a firm, if you are new to the field, one possibility is to partner with more experienced lawyers. Individuals that have been in the industry longer tend to have more established reputations with clients and greater business expertise in working with lenders, who will want to see a two-year solid credit track record, business plan/projection, list
of clients/cases and proven background. Plan ahead. “You may think you have a plan, but the more planning you do, the better off you will be,” offers John Kyle of Kyle Harris LLP. Legal professionals looking to start a firm are often surprised about the standard to have enough cash on hand for six months of operating and living expenses before starting a firm. It is easy to underestimate the time it takes to set up accounting systems, bill and collect receivables, build a client base and practice law. Those starting a firm should budget the cost to form the entity, lease space, purchase or finance computers and office equipment, pay office staff, paralegal and other salaries and insurance premiums and fund operations. With office space one of the largest monthly costs, many choose to rent a space in a suite or sublease from an existing firm. Smaller firms can also benefit from an SBA 504 loan as a low cost option to purchase property with only 10% down. Ensure access to receivables. Today, there are a lot of different ways to obtain payment — from check to PayPal, credit cards, ACH authorizations, debiting client accounts, Square, LawPay and more. When it comes to checks, remote deposit, or the ability to scan and easily deposit checks into a bank account from one’s office, is on the rise, with 80-90% of legal firms we work with using it, up from 50% only a few years ago. Remote deposit offers flexibility, with the ability for funds to be deposited up until 6 p.m., and time-savings over having to go to a branch or wait for a courier, is easy to use and implement and can be integrated with existing accounting systems for reports on transactions. Don’t go it alone. From accountants to insurance agents and bankers, individuals starting a practice can often align with individuals that understand their specific
challenges in starting a law firm. Firms with a focus on the legal community can provide insight into the nuances of business checking and money market accounts, technology for accepting and making payments, accepting credit cards and others, managing cash flow, merchant accounts, chargebacks, client trust banking, fiduciary account services, and even come full-circle with services to address their specific needs. It can also be advantageous to work with a professional that is willing
“You may think you have a plan, but the more planning you do, the better off you will be.” – John Kyle, Kyle Harris LLP to go to your office, take the time to get to know you and your needs personally, understand your workplace, serve as a resource on financial and business recommendations and have the authority to get things done. Organizations such as the San Diego County Bar Association offers networking opportunities and resources for new lawyers and others starting a practice. While you may be starting your own firm, you don’t have to go it alone. Gail King (email@example.com) is senior vice president, commercial loan officer and manager of Torrey Pines Bank’s Legal/ Professional Banking Services.
July/August 2015 SAN DIEGO LAWYER 37
Legal Aid Society of San Diego
The Journey Toward Justice Begins Here: What We are Really All About at the Legal Aid Society of San Diego By Gregory Knoll
n Friday, May 29, 2015, at about 3 p.m., I was in my office when I received an urgent phone call on my cell phone from Public Housing Specialist/Administrative Hearing Advocate, Judy Davis, and Housing Staff Attorney, Joanne Franciscus. They were calling while standing in the middle of a huge field in North County with a homeless client who could not afford the $31 cost to pitch his makeshift “tent” in this field so that he and his two service dogs could have shelter that evening. As I later discovered, this client had called both Ms. Davis and Ms. Franciscus earlier in the afternoon to thank them for all their help and compassion, and “to say goodbye….” When pressed, the client indicated where he was and that he planned to commit suicide. These two staff members jumped in the car and set out to find the client. They found him in the field and began calling all area shelters, but could not
find a bed for him. They called me. Those of us back at the office checked to see if the hospitals nearest to this field had a behavioral health unit. One did and we then advised our staff on the scene to take the client there, if he was willing to check himself in. The client agreed and he, his tent, and his two dogs were loaded into the car. The hospital psychiatric liaison interviewed our client and immediately admitted him, because of various physical and mental health concerns. I had gone to the Annual Behavioral Health Recognition Dinner at a local hotel to give a few remarks about another extraordinary staff person, Senior Attorney Branden Butler, who was being honored for his critical fair housing work on behalf of tenants with mental health disabilities. I got back into my car around 7:30 p.m. and noticed that Ms. Davis had just called me again. I called her back and found both staff members were back at the office putting
notes in the case file and contacting shelters to secure a bed for the client, should he be discharged on Monday. He was not, but now is on medication and at a crisis house. There is no doubt in my mind that the actions of our two staff members saved this client’s life. This is just one example of the everyday efforts our wonderful staff put forth in service to the tens of thousands of clients that call on us for help every year. Oh, yes, a footnote to the story – the client was so worried about his two service dogs that our staff members drove him to the local city animal shelter where he was told that the shelter would be glad to house and feed the dogs at no charge, until our client was able to come back and pick them up. There seems to always be shelter available for dogs…for a human being, not so much. Gregory Knoll (firstname.lastname@example.org) is Executive Director/Chief Counsel of the Legal Aid Society.
SAVE THE DATE: SDCBA FALL EVENTS September 16, 5:30 p.m. to 8 p.m. Dialogue on Diversity Featuring Keynote Speaker Verna Myers Discuss the value of cultural competency – an essential skill for advocating in a diverse world.
September 24, 5:30 p.m. to 7:30 p.m. Law Student Welcome Reception & Section, Committee & Law Related Organization Fair Join us in welcoming our legal community's newest members.
October 23, 12 p.m. to 1:30 p.m. Annual Bench-Bar Luncheon Enjoy conversation with attorneys and judges over lunch.
For more information, visit www.sdcba.org/calendar. July/August 2015 SAN DIEGO LAWYER 39
Distinctions Peter Singer was sworn in as San Diego Superior Court commissioner on July 7. Renee Botham, senior counsel with Balestreri Potocki & Holmes, was recently elected president of the San Diego Association of Insurance Professionals. Procopio, Cory, Hargreaves & Savitch LLP senior counsel Matthew Short was named to the board of trustees of the San Diego/Hawaii Chapter of the Leukemia & Lymphoma Society.
Marjorie Huntington, of Huntington & Haviland in San Diego; and Nicholas Leto, of Leto Family Law in La Mesa were recently installed to the Board of Directors for the American Association of Matrimonial Lawyers' Southern California Chapter. The California District Attorneys association named Mark Amador, of the San Diego County District Attorney's Office, prosecutor of the year. Solo attorney Debra Greenfield was named recipient of the San Diego Lawyer Volunteer Program's Pro Bono Publico Award. California Western School of Law's Community Law Project received a $20,000 grant from the Parker Foundation to support the project's five free legal clinics throughout San Diego County. THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION
Danna Cotman, ARC IP Law owner; Rebecca Kanter, assistant U.S. attorney; and Tara Duester, Brown Law Group associate joined the Lawyers Club of San Diego board of directors.
Passings Hon. Gilbert Harelson, SDCBA Legend of the Bar, passed away in May. Hon. Harelson participated in a video series featuring the Legends of the Bar in 2006. In the video, Hon. Harelson shares some fond memories of practicing law and sitting as judge in San Diego, and provides these words of wisdom to newer attorneys: "Before you take a case find out what the issues are, and ascertain yourself: are you qualified in that field? Because if you're not, don't take the case. And ascertain who opposing counsel is and have an agreement with your client on your fees, preferably in writing. And whatever you do, don't antagonize the judge. Because he's human, or she's human." To watch the the entire video, visit www.sdcba.org/harelsonlegend. Senior District Judge Gordon Thompson, Jr. of the United States District Court for the Southern District of California, passed away July 5. Hon. Thomson was appointed to the bench in 1970 he was the longest-serving judge in San Diego's federal court.
DIGITAL EDITION NOW AVAILABLE Flip through the new digital copy of San Diego Lawyer on your desktop computer and mobile devices.
a l l o La J
at the Birch Aquarium
BUY YOUR TICKET
Saturday, September 19, 2015 • 6-10 p.m. Time is running out to get your ticket for the annual “Evening in La Jolla” at the Birch Aquarium. Don’t procrastinate - buy one today!
Open Bar Silent Auction
Heavy hors d’oeuvres
Host $200, General admission $150, Judiciary, government and young attorneys $85
All proceeds benefit the San Diego County Bar Foundation and the legal charities it supports.
PHOTO GALLERY SDCBA SUMMER SOCIAL Photos by David Seto
Larry Huerta, Roxy Carter
Noelle Dorman, Anne-Marie Rรกbago
L-R: Tim Miranda, Sara Yunus, Nicole Boros
L-R: Eric Ganci, Loren Freestone, Danielle Iredale, Jessica Silverman
On July 24, friends and colleagues gathered on the terraces of the Bar Center building to enjoy food, drink and live music.
L-R: Claudia Ignacio, Brenda Lopez, Matt Strabone
Liz Burner, Philip Shapiro
L-R: Michelle Truong, Danielle Loss, Angelica Sciencio, Ben Aguilar
L-R: Noah Kuschel, Eugene Prokopenko, Matt Owens
Kris Williams, Hass Sadeghi
L-R: Loren Freestone, Lizzette Herrera Castellanos, Bob Gaglione, Ilona Antonyan, Danielle Hickman July/August 2015 SAN DIEGO LAWYER 43
EN PERC T C
100 Percent club 2015 The San Diego County Bar Association’s 100 PERCENT CLUB is a special category of membership that indicates an outstanding commitment to the work done through SDCBA programs and services in the legal profession and the community. The following firms (five or more lawyers) are members of the 100 PERCENT CLUB for 2015, having 100 percent of their lawyers as members of the SDCBA.
Allen, Semelsberger & Kaelin, LLP Andrews Lagasse Branch & Bell LLP Atkinson, Andelson, Loya, Ruud & Romo Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes Basie & Fritz Beamer, Lauth, Steinley & Bond, LLP Belsky & Associates Bender & Gritz, APLC Bernstein Litowitz Berger & Grossman LLP Best Best & Krieger, LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butz Dunn & DeSantis APC Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer Del Mar Law Group, LLP Dentons US LLP Dietz, Gilmor & Chazen APC District Attorney’s Office Dostart Clapp Hannik & Coveney, LLP Duckor Spradling Metzger & Wynne English & Gloven APC Epsten Grinnell & Howell, APC Farmer Case & Fedor Finch, Thornton & Baird, LLP Fitzgerald Knaier LLP Fragomen, Del Rey, Bernsen & Loewy, LLP Frantz Law Group APLC Fredrickson, Mazeika & Grant, LLP Garcia, Hernández, Sawhney & Bermudez LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Green Bryant & French, LLP Grimm, Vranjes & Greer, LLP Henderson, Caverly, Pum & Charney LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins, Glatt & Hulme LLP Kirby & McGuinn APC
44 SAN DIEGO LAWYER July/August 2015
Kirby Noonan Lance & Hoge LLP Klinedinst PC Konoske Akiyama | Brust LLP Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP Littler Mendelson PC Lorber, Greenfield & Polito, LLP Men’s Legal Center Family Law Advocates Miller, Monson, Peshel, Polacek & Hoshaw Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McFall & Trexler APLC Office of the San Diego City Attorney Olins Riviere Coates and Bagula, LLP Oliva & Associates, ALC Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia & Lutz PC Pope, Berger, Williams & Reynolds, LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC RJS Law Rosner, Barry & Babbitt, LLP Rowe | Mullen LLP Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Cauley & Moot LLP Seltzer | Caplan | McMahon | Vitek ALC Sheppard, Mullin, Richter & Hampton LLP Siegel, Moreno & Stettler, APC Simpson Delmore Greene LLP Smith, Steiner, Vanderpool & Wax, APC Solomon, Grindle, Silverman & Wintringer, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stoel Rives LLP Stutz Artiano Shinoff & Holtz Sullivan Hill Lewin Rez & Engel Summers & Shives, APC Taylor | Anderson, LLP Thorsnes Bartolotta McGuire LLP Walsh McKean Furcolo LLP Ward & Hagen LLP White, Oliver & Amundson, APC Wilson Elser Moskowitz Edelman & Dicker LLP Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes Wingert Grebing Brubaker & Juskie LLP Wright, L’Estrange & Ergastolo Zeldes Haeggquist & Eck, LLP
Sustaining Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members.
Patron MeMbers Marc D. Adelman Ezekiel E. Cortez William O. Dougherty James P. Frantz Allen D. Haynie Van E. Haynie Rhonda J. Holmes Richard A. Huver Laura H. Miller Gerald S. Mulder Leo S. Papas, (Ret.) Todd F. Stevens Thomas J. Warwick, Jr. Andrew H. Wilensky benefactor MeMbers Doc Anthony Anderson, III Jedd E. Bogage Steven T. Coopersmith Alexander Isaac Dychter Douglas A. Glass Alvin M. Gomez J. William Hinchy Carl L. Sheeler friend MeMbers Steven Barnes Victor E. Bianchini, (Ret.) Frank Lawrence Birchak Edward V. Brennan Jeffrey Alan Briggs Scott Carr Benjamin J. Cheeks Linda Cianciolo Douglas A. Cleary Dion M. Davis David B. Dugan Susan K. Fox Marc B. Geller William C. George Kenneth N. Greenfield Ronald Leigh Greenwald Ajay K. Gupta Philip P. Lindsley Marguerite C. Lorenz Antonio Maldonado Robert E. McGinnis Raymond J. Navarro Peggy S. Onstott Anthony J. Passante, Jr. Anne Perry Kristi E. Pfister Justin Reckers Joseph Angelo Sammartino Stella Shvil Stuart H. Swett
PHOTO GALLERY #SDLAW: WHAT YOU NEED TO KNOW ABOUT SOCIAL MEDIA TODAY Photos by Eric Ganci
Hon. Jeffrey Barton
Abby Bloetscher, Dan Bacal
Members of the bench, bar and media learned about the newest social media technology and its implications on the practice of law at this annual event on June 10.
L-R: Hon. Sharon Kalemkiarian, Kristine Nesthus, Hon. Kevin Enright
Hon. Melinda Lasater
William Small, Bob Gaglione
L-R: Pauline Repard, Kristina Davis, Dana Littlefield
Fred James, Chuck Westerheide July/August 2015 SAN DIEGO LAWYER 45
PHOTO GALLERY LAWYERS CLUB DINNER Photos by True Photography The Lawyers Club of San Diego recently hosted their Annual Dinner featuring keynote speaker Hon. Olympia Snowe.
2014-2015 Lawyers Club of San Diego Board of Directors
Betty Boone, Hon. Olympia Snowe
Patricia Hollenbeck, Deborah Dixon
Shalini Kedia, Amanda Allen
Bhashini Weerasinghe, Rhonda Grayson
L-R: Hon. Katherine Bacal, Danielle Hickman, Rebecca Zipp
DISTINGUISHED LAWYER MEMORIAL The San Diego County Bar Foundation is excited to announce 2015â€™s Distinguished Lawyer Memorial plaques are up at the Hall of Justice honoring George P. Andreos, Sister Sally M. Furay, Peter J. Hughes, Dale R. Larabee, and Josiah L. Neeper. The Distinguished Lawyer Memorial Fund gives special and permanent recognition to deceased lawyers and judges of the San Diego County Bar who demonstrated superior legal skills and high ethical standards throughout careers of significant length.
ADVERTISERS INDEX ADR Services, Inc......................................... 2 AHERN Insurance........................................ 5 Albertson & Davidson LLP..................... 12 Berman & Riedel, LLP................................ 23 California Western School of Law..... 31 CaseyGerry .................................................... 3 CPT Special Needs Trusts....................... 41
DIRECTORY OF EXPERTS AND CONSULTANTS
David Cameron Carr................................. 17 Eyewitness Expert Testimony.............. 46 First Republic Bank..................................... 7 Fragomen, Del Rey, Bernsen & Loewy, LLP.................................................. 34 Gomez Trial Attorneys............................. 40 JAMS................................................................... 24 Judicate West ............................................... 15
Kathryn Karcher........................................... 31 LawPay.............................................................. 38 Lawyer Referral & Information Service.36 Red Boudreau Dinner.............................. 10 San Diego County Bar Foundation .42 Thorsnes Bartollota McGuire............... 28 Torrey Pines Bank........................................ 48
EYEWITNESS EXPERT TESTIMONY: 46 years of forensic psychology experience with pretrial consultations and frequent court testimony regarding factors known to influence the validity of eyewitness report. Pretrial consultation can include choosing foils for live lineups and selecting jurors. Trial testimony includes charts to explain the results of scientific research demonstrating factors known to influence eyewitness identification accuracy. Thomas R. MacSpeiden, Ph.D., (619) 294-4044, fax: (619) 295-4113, e-mail: email@example.com ADVERTISEMENT
46 SAN DIEGO LAWYER July/August 2015
FOR ADVERTISING INFORMATION, CONTACT THE SDCBA AT 619-231-0781.
BUILD YOUR PRACTICE As an SDCBA member, you have access to discounts on products and services from top companies in the legal profession and beyond. Take your practice to the next level with the exclusive savings offered through our member benefit partners.
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Equipment financing is provided by Western Alliance Equipment Finance, a subsidiary of Western Alliance Bank and is subject to credit approval. 2 As a division of Western Alliance Bank, rating is based on 03/31/2015 financial data. 3 As a division of Western Alliance Bank, asset figure is as of 03/31/2015.
Published on Aug 13, 2015
Inside this Issue: Our Annual State of the Courts Update; Juvenile Dependency Court: Working Towards Healing; Court Funding Cuts by the Numb...