Page 1

NOV/DEC 2014

RICHARD

HUVER

SDCBA’S NEW PRESIDENT

+

PLUS

Women Judges Rule at NAWJ Conference in San Diego Labor & Employment Law Review and a Preview for the New Year


CONTENTS

Page

Page

22

18

Features 18

The NAWJ 36th Annual Conference Education, collaboration and inspiration meet at the National Association of Women Judges annual conference in San Diego. By Renée Galente

22

Meet Richard Huver Your 2015 SDCBA President. By Ray Huard Cover photo by Lauren Radack

27

Labor Law in Review Looking back and ahead at employment and labor law changes. By Stephenie Alexander

33

A Gift of Guidance Supreme Court Justice Antonin Scalia passes on words of wisdom to local law students. By Brody Burns

37

The Garra Troubles The Garra Uprising of 1851 left a mark in San Diego history. By Hon. William Howatt, Jr., Ret.

38

A Visit to the Past 2014 marks the 60 year anniversary of U.S. President Franklin D. Roosevelt's special visit to San Diego. By George Brewster, Jr.

Departments 6

Why I Belong Get to know SDCBA member Anne Rudolph.

8-9

President’s Page 2014 in a flash. By Jon R. Williams

10

Deans Celebrating 60 years of leading part-time law students to success. By Stephen Ferruolo

35

Closing the Justice Gap The San Diego Volunteer Lawyer Program honors attorneys who give the gift of pro bono work to those who need it most. By Teresa Warren

41

Distinctions A tribute to special recognitions and achievements in our legal community.

43

12

Books Written works by local lawyers.

By Edward McIntyre

Sustaining Members

Ethics Parting with your firm? Be sure your exit plan is ethical.

14

In-House Perspective Musings on year's end. By Alidad Vakili

By Benita Ghura

44 45

Photo Gallery Get-togethers and celebrations to close out the year.

16

Tips Insurance Q & A: How to stay out of harm’s way. By Teresa Warren

Issue no. 6. 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 © 2014 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 November/December 2014


CUSTOM PAGES: CREATE YOUR OWN RESEARCH EXPERIENCE. Personalize pages on WestlawNext around the way you think and work. Customize with frequently searched content, add tools such as Find a Citation and more. You can create as many custom pages as you need. It’s what you’d expect from a legal research service designed by legal professionals for legal professionals. To learn more, visit us at WestlawNext.com

© 2014 Thomson Reuters W-312266/3-14 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.


WHY I BELONG

Anne Rudolph

THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION

Hughes & Pizzuto, APC

Education: University of California, San Diego; University of Oklahoma, College of Law Areas of Practice: Trust and probate law – administration, litigation and conservatorship. I’m a certified specialist in Estate Planning, Trust and Probate Law. Proudest Career Moment: One career moment that really stands out for me was a personal one. My first appellate argument was many years ago at the First District in San Francisco. Like many young attorneys, I was excited and scared at the same time. My Nana, who died in 2006, lived nearby. She offered to go with me. We were both in awe when we entered the court room. Nana was so happy and proud of me. Her encouragement and support gave me a lot of confidence that day. I think it helped me win the case. Family: Two four-legged kids, my dogs, Abbey and Maxwell. My parents, brother, sister and grandma all live here in San Diego. Birthplace: San Diego, CA. I’ve moved away twice and come back twice. There’s no place like home. Current area of residence: Serra Mesa. I love being central and close to everything. If I weren’t an attorney, I’d be a National Geographic photographer. I love reading the travel stories and studying the photos. The best thing about being an attorney is helping people. It’s as simple as that. My clients are often people who have lost a loved one (by death or dementia) and don’t know what to do next. When that emotional upheaval and grief is accompanied by clashes with other family members, it can be overwhelming. I strive to be a guide through the storm. Last vacation: New England. In October I made my first trip to see and enjoy the changing leaves of fall. It was beautiful and relaxing to meander through the small towns and scenic highways. Favorite website: Outside work I don’t spend a lot of time on the computer. But, when I am planning a trip I do spend hours on Tripadvisor reading reviews and recommendations of other travelers. Hobbies: Reading, theater, symphony concerts, golf. Favorite book: No one favorite because so many have had an impact in different ways. I continue to read classics. Crime and Punishment, The Grapes of Wrath, David Copperfield. Favorite musical artist: As far as I am concerned there are only two genres of music – classic hard rock and classical. All-time favorites are Led Zeppelin, Black Sabbath, and Beethoven. Favorite food: I love to eat and I like everything. But I could eat mac and cheese every day. Why do you belong to the SDCBA? I like to stay abreast of what is happening in the local legal community. Also, the networking opportunities with colleagues and friends are great. I particularly enjoy the Bar Book Club. How does SDCBA membership help keep you connected to the legal community? The SDCBA's Trust and Probate Section lunch programs provide continuing education on relevant topics. The listserve is also a wonderful resource. What makes San Diego’s bar so special/unique? To me San Diego is a big city with a hometown feel. With few exceptions our local bar is made up of attorneys who demonstrate that professionalism and courtesy among colleagues and the court are still the standard. My colleagues in the Trust and Probate Section exemplify that standard and I appreciate the opportunity to practice among such a great group. 6 SAN DIEGO LAWYER November/December 2014

Editor Alidad Vakili

Associate Editor Christine Pangan

Editorial Board Stephenie Alexander Walter Araujo Hon. Victor Bianchini (Ret.) Rebecca Blain Elizabeth Blust Adam Brewer George Brewster, Jr. Martin Buchanan Judith Copeland Jim Crosby Elisabeth Donovan Jeremy Evans Renée Galente

Eric Ganci Benita Ghura Hon. William Howatt, Jr. (Ret.) D. Milie Joshi Robert Lynn Steven McDonald Edward McIntyre Jocelyn Neudauer Hon. Leo Papas (Ret.) Don Rez Danwill Schwender David Seto Teresa Warren

Cartoonist George Brewster, Jr.

Photographer Barry Carlton David Seto

SAN DIEGO COUNTY BAR ASSOCIATION

Executive Director Ellen Miller-Sharp

Communications Director Karen Korr

Graphic Designer Attiba Royster

Publications & Communications Specialist Jenna Little

401 West A Street, Suite 1100, San Diego, CA 92101 Phone 619-231-0781 E-mail bar@sdcba.org 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.

FOR INFORMATION ABOUT ADVERTISING, CONTACT THE SDCBA AT (619) 231-0781 OR BAR@SDCBA.ORG


“First Republic is like our firm – their ‘make it work’ attitude aligns with our culture.” P R I C E P O S T E L & PA R M A L L P

Shereef Moharram, Partner (top left); Mark S. Manion, Partner (top right); Craig A. Parton, Partner (seated left); Melissa J. Fassett, Partner (seated right)

(858) 259-2795 or visit www.firstrepublic.com New York Stock Exchange Symbol: FRC Member FDIC and

Equal Housing Lender


2014 AT A GLANCE

TED Talks and other Bar Center at 401 events

Legends of the Bar

Launch of Civil Appellate Self-Help Workshops

STATE OF THE JUDICIARY IN SAN DIEGO COUNTY

Networking

Serving our community

2014 UPDATE

Awards! Awards! And more awards!

Wild nights out!


WITH GRATITUDE What a year! We would need another complete edition of this magazine to sum up all of the amazing programs and initiatives you all have created, led, and attended this year, but these two pages will have to suffice. As our accomplishments as a professional association are immeasurable – and far too great to innumerate – I highlight here just a few numbers to give you glimpse of the “bigger picture:”

Celebrity support

1,497 members attended the SDCBA’s 5 signature events in 2014. The SDCBA hosted over 350 hours of live and livestreamed Continuing Legal Education programming. The Bar Center at 401 member lounge, conference rooms and shared workspace was utilized by over 5,400 members, and over 2,000 more visited the SDCBA Conference Center. Over 2,570 SDCBA members volunteered for community service programs and projects with the SDCBA. A record number of 26 schools participated in the annual San Diego County High School Mock Trial Competition – with 279 attorney coaches, judges and scorers volunteering as well. We evaluated 11 judicial candidates in contested judicial elections. Impressive, huh? This year, we also managed to impress some of our peers (not only here in San Diego, but across the country as well), besting other Bar Associations, public relations professionals, and journalists to win the following awards: ASAE Gold Circle Award for Bar Center at 401 ABA Partnership Program Award for SDCBA Diversity Fellowship Program NABE Luminary Awards for San Diego Lawyer, and the SDCBA Website & App PRSA San Diego Chapter Bernays Award for Bar Center at 401 Campaign San Diego Press Club Excellence in Journalism Awards for the 2013 State of the Judiciary and San Diego Lawyer

Events with the press

None of this would have been possible without you, the member. The SDCBA is your place – you define who we are, and you create our success. Many thanks to each and every one of you for all that you do, and for allowing me the honor, as your President, to receive on your behalf all of the accolades you so rightly deserve. A special thank you to the SDCBA’s 2014 Board of Directors (Richard Huver, Marcella McLaughlin, Lawrence Campitiello, Bob Gaglione, Laura Miller, Stacie Patterson, James Crosby, Danielle Hickman, Ilona Antonyan, Dan Bacal, Lizzette Herrera Castellanos, Andy Cook, Ray Estolano, Loren Freestone, Heather Riley, Kristin Rizzo and Alanna Pearl) for all that they do behind the scenes and especially to Executive Director Ellen MillerSharp for all of her hard work, creativity, and endless dedication.

BE WHERE YOU BELONG Jon R. Williams

TM


DEANS

BY STEPHEN FERRUOLO

Training Grounds for Stronger Professionals USD’s foundational part-time J.D. degree program

T

he University of San Diego School of Law is celebrating its 60th anniversary this year. One of the constants during our history has been the importance of our part-time evening program. When the law school first opened in 1954, it was exclusively a part-time evening school, enrolling 55 students, many of whom were employed full-time or were veterans. It was not until five years later, in 1959, that the law school added a full-time day program. From then on, while a large majority of the law school’s students have attended fulltime, the part-time evening program has remained central to our mission of training outstanding attorneys and leaders who will excel in the practice of law and service to the San Diego community. There has never been greater need for practice-ready, trained lawyers who have real-world business or public service experience, and USD’s parttime program is addressing this need. Our part-time students are remarkable. Most attend law school while being employed full-time in leading San Diego corporations or law firms (many as patent agents or paralegals), in government or other public service entities or in other local organizations. They not only bring valuable life experience to our law school, they also often come more highly-credentialed and diverse than our full-time students. For example, of the 41 part-time students who entered our law school this year (of a class of 226), nine hold Ph.D. degrees and another 15 hold M.S., M.A. or M.B.A. degrees; and 46% of the part-time class is diverse compared to 28% of the entering class overall. They also stand out disproportionately at graduation. In the past four years, two of our valedictorians were part-time students; and, in 2014, part-time students ranked in positions three, four and five in the graduating class. These talented and diverse students and graduates have the potential to contribute so much to the legal profession and our community. The part-time program is designed to

10 SAN DIEGO LAWYER November/December 2014

Stephen Ferruolo enable working professionals to complete the requirements for the J.D. in eight semesters (compared to the six for fulltime students). The required first-year core classes are spread over three semesters and offered to part-time students in separate sections held on weekday evenings starting at 6:00 p.m. and running until 9:00 p.m. Especially for those students who have both full-time jobs and families (as many of them do), this demanding schedule requires admirable discipline and commitment. When I ask part-time students how they do it, they often cite the collaboration and support they get from other part-time students. Study groups and the sharing of class notes and outlines, especially with another part-time student who misses a class because of a sick child or a business trip, are typical in the part-time program. The close camaraderie that develops among the part-time students is one of the great traditions of our law school. Part-time alumnus, Robert Gleason, ’98, president and CEO of Evans Hotels and board chair of San Diego County Regional Airport Authority, speaks of the lifelong relationships formed among members of his first-year study group that included Michael Fuller, ’98, a partner at Knobbe Martens; Christian Waage, ’97, senior vice president and General Counsel at Receptos; and Krista (Sandler) Cabrera, ’97, special counsel at Foley & Lardner, who still meet regularly and

reminisce about their law schools years. After completing the required first-year courses, part-time students have the option of choosing from the many advanced or specialized courses offered in the evenings, which are often taught by the leading jurists and practitioners on our adjunct faculty, or they can take courses that meet during the day, as many of them do. I often hear laudatory accounts about the part-time students told by our faculty, who are amazed at how well prepared and the part-time students are in classes despite having to rush back and forth from UTC or North County to Linda Vista in the middle of their business day. Is it any wonder that so many of them go on to be so successful in their careers? Let me give just a few examples of such success. No fewer than 26 of the 36 USD School of Law alumni currently employed at Qualcomm started in our part-time program. In addition to the alumni mentioned above, other notable graduates of our part-time program who have made their mark on the San Diego community include Gerald McMahon, ’64, founding member of Seltzer Kaplan McMahon Vitek; Judge Thomas Whelan, ’65, senior judge of the U.S. District Court for the Southern District of California; Thompson Fetter, ’67, CEO of T. Fetter & Co and San Diego Car Care; Jack McGrory, ‘81, former San Diego City Manager; Stephen Doyle, ’84, president of Sandy Point Properties; and Cary Mack, ‘88, managing partner of Southwest Value Partners. USD School of Law takes great pride in celebrating the 60-year history of the part-time program and recognizing the achievements of its many distinguished graduates and their contributions to the San Diego community. We are committed to ensuring that the great legacy of our parttime program endures. Stephen Ferruolo (lawdean@sandiego.edu) is Dean of the University of San Diego School of Law.


There’s Only One Truly Integrated Litigation Services Company. Court Reporting | Legal Videography | Trial Presentation Ask about our new offerings: Litigation Graphics | Focus Group Consultation Free Video Conferencing for SDCBA Members

We make those who practice law powerful.

SM

Contact us at 877.771.3312 501 W. Broadway, Ste. 1000 | San Diego, CA 92101 100 Pine Street, Ste. 1250 | San Francisco, CA 94111 www.thorsnes.com


ETHICS

BY EDWARD McINT YRE

Parting Ethically If leaving your firm, be sure your exit plan is ethical

M

acbeth waved Sarah into his office. “Would you join Lester Marshall and me? Might be good if you closed the door.” Marshall wiped his hands on his pants legs. “This is in strictest confidence, Macbeth.” He glanced sideways at Sarah. Macbeth nodded, “Of course, Lester. Sarah knows.” “Okay, but super sensitive. I mean super!” Sarah spoke: “I understand, Mr. Marshall. Nothing leaves this room.” Marshall started. “I’m leaving MacAndrews & Sullivan. I have an offer to join Zinn & Williams. As a partner, of course.” Macbeth smiled. “Congratulations. Our lips are sealed until a formal announcement. How can we help you?” “Zinn & Williams insisted I get advice from independent ethics counsel. That’s why I’m here.” “A smart decision by the Zinn firm. It can’t advise you. But it wants the transition done right. We’re glad to help.” “Okay. What’re the ethics issues? What about clients? Associates? When do I have to tell the MacAndrews firm … ?” Macbeth held up both hands. “Lester, please, slow down. Excellent questions, but one at a time.” “Sorry. I’m nervous.” “We understand. First, a key issue. Will it be a friendly, or at least civilized, parting? “Likely not. You know those firms. Fiercely competitive. Always ‘one-uping’ each other.” “Regrettable, but we’ll deal with it. Your first question?” “Well, clients? “Very important. You have an ethical duty to tell your clients. Sarah ….” She turned to Marshall. “Rule 3-500 requires keeping clients reasonably informed about significant developments. Certainly, leaving the MacAndrews firm and joining Zinn & Williams is significant.” “Good. After all, they’re my clients and … ” Macbeth jumped in. “Slow down, Lester.

12 SAN DIEGO LAWYER November/December 2014

CARTOON BY GEORGE BREWSTER, JR.

The clients get to choose. If one goes with you, that’s great. So does the file. If another stays, same thing. No one owns clients.” “Even though I have the relationship?” “Even though.” “Can I tell them right away?” “No. First you must tell your partners at MacAndrews. You owe them a fiduciary duty. You can’t secretly tell your clients. ” “But then the firm will … ” “I know. Much better if you and the MacAndrews firm agree on a joint announcement. The ABA strongly recommends it. But if not, you have to tell your clients you’re moving. They’re welcome to join you at Zinn. You wish they would. Or free to remain at MacAndrews. Or choose a third firm.” Sarah added. “Be careful. Keep your announcement factual. Lawyers’ve gotten in trouble disparaging firms they were leaving. “ Macbeth nodded. “Good point, Sarah. And don’t tell clients who come with you not to pay outstanding MacAndrews bills.” “Macbeth, I’d never dream of such a thing.” “Some lawyers have.” Sarah added: “The firm also has a duty to tell clients you’re working for that you’re leaving. That’s why the joint letter works to everyone’s advantage.” Marshall moved to another question. “What about associates? I’d like to take a couple of good ones with me.”

“Once you tell your partners, won’t the word be out?” “Yes. I meant before I tell the firm.” “Absolutely not. That would breach your duty to your partners.” “Okay, then after.” “If an associates seeks you out, can you talk to him or her? “Yes.” “You can, but be factual. Be careful of promises. No solicitation. It’s a fine line you’ll walk.” “Can I start — if you will — the conversation?” “Difficult question. California has no ethics guidance. Out of state authority’s mixed. Nothing helpful. Best advice? Don’t — not while still at MacAndrews.” “Thanks, Macbeth. I’ve got more questions, but this’ll get me going. Remember, super sensitive. Lips sealed.” Marshall was up and out the door. Editor’s Note ABA Formal Opinion 99-414 addresses some ethical obligations when a lawyer changes firms.

Edward McIntyre (edwardmcintyre1789.gmail. com) is an attorney at law. 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.


IN-HOUSE PERSPECTIVE

BY ALIDAD VAKILI

Musings on Year’s End Reflecting on the simple ingredients for personal and professional happiness

W

ith the 2014 year coming to an end, I thought to depart from the usual profile of one of our in-house colleagues and instead to share some musings about the many fascinating individuals I had the privilege of interviewing over the past year and some of the recurring themes from those interviews.

better balance between their professional career and their family life. For just about everyone, having a healthy balance between work and home was key to enjoying this challenging profession, being more productive and effective for your team, and living a fulfilling life. And, finding that balance also helped them enjoy what they did at work and to be a better member of their team.

What resonated with me were a few recurring thoughts that, in one way or another, many of the interviewees shared. These included: enjoy what you do, play for the team, and balance your life. Simple words, and yet packed with so much simple and pure wisdom. Enjoy what you do. Many, if not most, of the attorneys I spoke with really emphasized the importance of enjoying what you do. If you don’t, life can become unbearable. I recall several who shared with me their joy at loving their job and being grateful for an environment and co-workers they liked and saw as a second family. So true. They say that if you really like what you do and have a passion for it, then work ceases to be a job but a career you love and look forward to every day. Play for the team. We have all heard the importance of playing for the team and being a good team player. The significance of this is subtle. Thinking of others and being a supportive and productive member

of the team is what makes a great legal department, law firm, company, etc. In turn, success is often times born from the collective efforts of individual team members. The perfect example can be seen in sports, where teamwork is everything. As you seek to be the best for your team, you improve yourself and contribute to others to achieve a collective goal. Practicing law is very much the same whether the team is the group of attorneys on a transaction, the trial team on a case, or the company you work for as in-house counsel. Also an ever-present topic was the importance of a healthy work-life balance. Some of the attorneys I spoke with made the transition to in-house to achieve a

As more and more of the in-house attorneys I interviewed seemed to express these same sentiments, it struck me as a bit odd. I thought perhaps what would emerge as collective wisdom would be some special (and unknown to but those few) secret about being a successful attorney. Instead, they provided me with very simple but profound thoughts that lead them to rewarding and successful careers. Sometimes the simple and plain message in front of you is the one that is the most elusive. Maybe as lawyers, we tend to look for the highly complicated and technical, when instead we should take a moment to reflect on those simple truths to enjoy what you do, play for the team, and balance your life. Alidad Vakili (alidad.vakili@klgates.com) is a corporate attorney with K&L Gates LLP and Editor of San Diego Lawyer.

For just about everyone, having a healthy balance between work and home was key to enjoying this challenging profession, being more productive and effective for your team, and living a fulfilling life.

14 SAN DIEGO LAWYER November/December 2014


Proven advocate. Proven results. Kathryn Karcher, for your client’s appeal.

karcherappeals.com | 619.565.4755 Certified Appellate Specialist, Board of Legal Specialization, State Bar of California CWSL_SDLawyer_2014_05.qxp_Layout 1 9/9/14 10:22 AM Page 1

Be

MORE than a number

MORE individualized support, mentorship, and career guidance.

Learn MORE at www.CaliforniaWestern.edu


TIPS BY TERESA WARREN

Insurance Q & A How to stay out of harm’s way

T

he number of malpractice claims against law firms rises each year. Firms that are not properly prepared for such a claim can suffer significant financial setbacks or worse – each year, some firms fold due to not being properly insured. And professional liability insurance isn’t the only type of coverage a firm should have. Susan Kilano, vice president of AHERN Insurance, with over 20 years of experience in the insurance industry including working for insurance companies, provides the answers to important questions that every attorney should know about insurance coverage. How does a law firm determine how much professional liability insurance it needs? Has that changed in recent years?

In addition to professional liability insurance, what other types of insurance do you advise law firms to have?

There are several ways to determine what is the right amount of insurance for your firm, however, the two most important factors are the value of your cases and your areas of practice. Each firm is unique, but typically the higher the value of cases and the higher risk profile of your practice areas, the more insurance you are going to need.

We like to see clients have general liability insurance with an umbrella policy; directors and officers insurance (D&O); employment practices liability (EPL); cyber liability; business owners policy and workers comp.

In California, LLPs must have $1 million in coverage for the first five attorneys, then $100,000 for each additional attorney. We discourage minimum limit policies, however. Plaintiffs can go after personal assets if you carry the minimum only. What many attorneys don’t realize is that their professional liability umbrella and excess policies can also be used to cover claims, and there is only one deductible that has to be paid, as long as it pertains to the same claim that is reported to the primary carrier.

Over the last couple of years, the number of EPL claims has increased dramatically. Some carriers have even stopped writing EPL policies or have doubled the deductibles and increased rates. Law firms are a big target for these claims, and yet close to one-third of law firms don’t even carry EPL coverage. EPL coverage includes sexual harassment, wrongful termination, failure to promote (including associates who don’t make partners) and other employment related areas.

Your insurance broker can help you do a risk analysis to determine how much coverage is right for your firm.

What are the risk management best practices to avoid malpractice claims?

Is the cost of insurance (relatively) higher or lower than it was five years ago?

Strong conflicts checks is key as is a disengagement letter upon conclusion of case. Careful vetting of new clients and cases is critical because sometimes you can spot some red flags if a client complains about the retainer fee or has switched attorneys multiple times. Disengaging from a problem client sooner rather than later can work in your favor. Don’t sue for fees, as this will often trigger a legal malpractice suit in return and some carriers might decline to offer terms if you have sued clients for fees even if no malpractice claim has ever been generated. Good collaboration and communication within a firm and awareness of what everyone is doing will help avoid these situations. These strategies will also help to bring premiums down.

The cost of insurance has remained flat; at most we’ve seen a three percent increase from some carriers. However, the rates have gone up for some of the riskier practice areas by the carriers that have been writing policies in California for the past several years. The new carriers may come in at the same rates or even lower than previous years, but eventually, after they are established, these rates will rise as well. What are the practice areas that are considered "riskier" by the insurance companies? Real estate, securities, estate planning, class action and intellectual property. Risk is based on the areas of law about which the most claims are filed. 16 SAN DIEGO LAWYER November/December 2014

What trends do you see in law firm claims?

What risk management mistakes do you see firms make? The biggest thing that surprises me is when a firm hires a lateral and they don’t properly vet where the new hire has been and what they have done. A firm needs to thoroughly know who it is bringing on


board and then keep an eye on what they are working on. I suggest that firms assign existing attorneys to work on all cases with new hires. What are the key things a law firm should do when their policy comes up for renewal? Review the current policy so you understand what you have. Determine if you have the appropriate limits – things may have changed in the past year that require you to update what you need. Draft an impeccable application. The neater and more comprehensive the application, the more seriously you will be taken. Your broker can be a great asset during this process by helping you prepare and review your application before it goes to an underwriter. Your application should mirror your firm bio. Underwriters will compare what you say on your application to what you say on your website. Any discrepancies will work against you and should be thoroughly explained in the application. In addition, if you are a larger firm, send an email to your entire staff letting them know that the E&O policy is renewing. Encourage them to report to the partner in charge of securing the insurance any circumstances that might lead to a State Bar complaint or turn into a legal malpractice claim. It is absolutely critical to advise the current carrier of any circumstances prior to the expiration of the policy. What is your key advice for law firms when it comes to securing the best coverage possible? Since carriers can’t meet with all firms, your application must speak for you. A good narrative on any claims that you may have is vital. It should be right to the point – what happened and what your firm would do differently in the future if a similar situation arose. Give the carrier a level of confidence that it will never happen again. Put your best foot forward via the application. Insurers look at you like an investment and that starts with the application. How else can a broker help? It is important to have a broker that has extensive and strong relationships with multiple carriers so your firm has access to many different options. Interview your broker like you would any other professional. Make sure your broker thoroughly understands the policy form and that they can request features like mutual choice of counsel or defense expenses outside the limits. They can help you through the bad times as well as with the application and with securing the broadest coverage at the most competitive rate. Teresa Warren (twarren@tw2marketing.com) is President of TW2 Marketing, Inc.

AHERN Insurance Brokerage has been a Preferred Member Benefit Provider of the SDCBA since 2004. For more information about AHERN and the discounts available to SDCBA members, visit www.sdcba.org/ AHERN.

Suits Blazers Sport Coats Trousers Jack Victor • Prive Hart Schaffner & Mark

Slim, Regular & Mature Fit Mention this ad for special.

30% off

225 A Street, San Diego, CA 92101

619.232.8850

Mon-Fri 9-6:30 • Sat 10-5

33 Years of Professional Service and Tailoring Downtown

is pleased to announce that Sandra Joan Morris has joined our firm as Of Counsel to our Family Law Practice.

750 B Street, Suite 2100 San Diego, CA 92101 619.685.3003 www.scmv.com


L-R: Hon. Tamila Ipema, Hon. Brenda Stith Loftin, Hon. Anna Blackburne-Rigsby, Prof. Charles Ogletree, Jr., Hon. Yvonne Campos, Prof. Anita Hill, Hon. Margie Woods, Marie Komisar, Hon. Julie Frantz

The NAWJ 36th Annual Conference in San Diego: Education, Collaboration and Inspiration Meet By Renée Galente

T

he National Association of Women Judges (NAWJ) was formed in 1979 by such notable Founding Members as Justice Joan Dempsey Klein, Justice Vino Spencer and San Diego’s own Justice Judith McConnell. NAWJ’s mission is to promote the judicial role in the rights of individuals under the rule of law through strong, committed, diverse judicial

Photos by Bob Ross Photography leadership; fairness and equality in the courts; and equal access to justice. Over the years, the organization has grown from 100 members to over 1,400. NAWJ membership is open to men and women, judicial clerks, attorneys, law students and judges from any court in the nation. Each year, NAWJ holds its Annual Conference as a means for judges around

Left photo (L-R): Ann Dynes, Anita Hill, Hon. Susan Finlay, Hon. Judith McConnell and Maren Diane McConnell-Collins at the 1992 NAWJ Conference in San Diego; Right photo (L-R): Hon. Susan Finlay, Anita Hill and Hon. Judith McConnell at the 2014 Conference 18 SAN DIEGO LAWYER November/December 2014

the world to come together and focus on education in areas that are relevant and important to the community and bench. Prior to this year’s conference the last time NAWJ came to San Diego was 22 years ago in 1992. That historic conference featured Anita Hill as a Keynote Speaker shortly after she was called to testify on the nomination of Clarence Thomas. Her presentation was so highly attended, it had to be held at the Convention Center. Judge Susan Finlay (Ret.) introduced Anita Hill at the luncheon and remembers that “the NAWJ sent a Resolution to the Senate Committee because it was obvious to the organization that the men on the panel did not understand the concept of sexual harassment; a concept many of those involved in the NAWJ knew too well.” As Justice McConnell puts it, “Anita Hill put sexual harassment on the table. It was not discussed before that. It was very courageous and very powerful.” In short, the 1992 NAWJ


The NAWJ 36th Annual Conference in San Diego Conference was a huge success that left lasting memories on all in attendance. The 2014 Annual Conference rose to the challenge set by the success of the 1992 Conference and exceeded it. There was a feeling of coming full circle with nowBrandeis-Professor Anita Hill returning to speak as a Keynote on Reimagining Equality and a screening of Anita. Reflecting on the two conferences, Judge Finlay (Ret.) noted, “At the time [in 1992] the public perception was that [Anita Hill] was out of line, that it was terrible what she was saying, how dare she say that. Now there is an understanding on sexual harassment. People are educated on

Her words summed up the collaborative nature of the conference, when she said, “A small voice can be heard but with many small voices talking, speaking up, things can change.” Other conference highlights included a celebration of Justice Joan Dempsey Klein’s 90th birthday, participation by Chief Justice Cantil-Sakauye and Mayor of San Diego Kevin Faulconer, additionally Governor Brown, United States Senators Feinstein and Boxer, Attorney General Kamala Harris, and California Assembly Speaker Toni Atkins sent congratulatory letters of welcome. “The tremendous positive energy devoted

L-R: Hon. Judith McConnell, Hon. Joan Dempsey Klein, Hon. M. Margaret McKeown the topic and it is discussed. The difference in the two decades is one of increased understanding of what the situation was. This year, seeing how her career has developed over the past couple decades, it’s inspiring. She didn’t give up.” In addition to Prof. Hill, the conference featured Keynotes from Prof. Charles J. Ogletree, Jr., Harvard Law Professor and former lead counsel for Prof. Hill in 1991; Janet Napolitano, former Arizona Governor, former United States Secretary of Homeland Security and current President of the University of California; Manal Omar, the Associate Vice President of Middle East and Africa Center from the U.S. Institute of Peace, and United States Supreme Court Associate Justice Sonia Sotomayor. Justice Sotomayor’s involvement, as a Keynote Speaker and panelist brought an already stellar conference to the next level.

Hon. Joan Weber

to welcoming our speakers and guests lifted the spirits of all. Our amazing keynote speakers delivered authentic and meaningful discourse and raised our collective consciousness. The graciousness of Justice Sotomayor in meeting all gala attendees and posing for photographs was an incredible

surprise and conference bonus!” said Judge Yvonne E. Campos. The 2014 Conference – already being hailed as the “best ever!” by many of the attendees – was the result of several years and the hard work of many local judges and attorneys. It began with Judge Tamila Ipema. A former Commissioner for both Los Angeles and San Diego counties, she was appointed to Judge of the Superior Court of California, County of San Diego by Governor Arnold Schwarzenneger in 2009. She has presided over family law matters and criminal trials and is currently in a civil assignment. Judge Ipema has been involved with NAWJ since she took the bench as a Commissioner in 2005. An active member of NAWJ, she brought the Color of Justice and Mentor Jet programs to San Diego and has chaired them for the past four consecutive years. She also sits on several NAWJ committees including Human Trafficking. In 2013, she was elected as an NAWJ Board Member and District 14 (California and Nevada) Director. In early 2011, Judge Ipema was asked by the NAWJ Conference Site Selection Committee chair if she would like to be involved in the planning of a Southern California NAWJ Annual Conference for 2014. She, in turn, approached Judge Margie G. Woods. Judge Woods had served for more than 20 years in San Diego as a Juvenile Court Referee, Municipal and Superior Court Commissioner before appointment to a judgeship by Governor Gray Davis in 2001. Judge Woods also had worked with Judge Ipema on the Color of Justice program in Spring 2011 and co-chaired the program in 2012. With her experience in legal education locally and statewide and Court Retreat planning, Judge Woods accepted the invitation to become the conference co-chair. Both concluded that a San Diego sponsored NAWJ Annual Conference should take place. With the support of Justice Judith McConnell and Judge Patricia Cowett, (Ret.), and after being appointed as conference co-chairs, Judges Ipema and Woods began planning. Judge Yvonne Campos learned about the “big project” early on and came on board immediately to select and invite star quality keynote speakers. Judge Campos was ready, willing and able to think big! Jerrilyn Malana, former San Diego County Bar Association President, accepted the impromptu and November/December 2014 SAN DIEGO LAWYER 19


The NAWJ 36th Annual Conference in San Diego friendly call for help from Judges Woods and Ipema with the encouragement of Judge Cowett at the CJA and State Bar Annual conferences in Long Beach in fall 2011 as well. At the start of the conference planning, the biggest priorty was clear: to find the best keynote speaker possible. Judge Ipema had long been thinking of a way to bring Justice Sotomayor to San Diego and the Annual Conference seemed the perfect opportunity. Judge Woods gives Judge Campos credit for having the insight and know-how to invite Justice Sotomayor to attend as Keynote Speaker. Judge Campos, a former LBJ Congressional Intern for the U.S. House of Representatives, Senate Fellow with California State Senator Gary K. Hart, White House Fellow under President Clinton, and staff member of Attorney General Janet Reno at the United States Department of Justice in Washington, D.C. was able to confirm the attendance of the the sought-after Justice by arranging for personal delivery of the NAWJ invitation. Best speaker possible? Check! Keynote Speaker secured, the first official planning meeting was held on Dec. 12, 2012. The next part of planning included breaking up the workload of such a large scale Conference. Sixteen different committees were created, with Judges Woods and Ipema dividing leadership of the committees using their strengths, and the strengths of their committee chairs, to assure a perfect job. The enormity of the conference and the great collaboration it took to succeed is described by Judge Ipema as “a beautiful team effort.” As Judge Woods noted, “The Conference was bigger than each of us individually.” Both have described the time, work and effort contributed to the conference as a “labor of love.” Judge Campos shared, “The success of the conference was not due to the work of one, two, or even forty persons. Scores of people collaborated and that's what made it great. Everyone played a role and the whole was much more than its parts.” Hon. Susan Finlay and Hon. Randa Trapp chaired the Education Committee. Both women have been educators their entire lives, and Judge Finlay has a background as Dean of the Judicial College for California. These two were a natural choice to chair the Education Committee. As Judge Finlay relayed, “The challenge for the conference was to appeal to the diverse attendees,

20 SAN DIEGO LAWYER November/December 2014

including federal court, state court, appellate, administrative and international judges. We needed a program for three and a half days that would be of interest to the 500+ attendees from all jurisdictions.” The panels were focused on topics ranging from “Changing Families, Changing Times” and the changes in the law since United States v. Windsor, to The Forgotten Warriors: Female Veterans, Healthcare and the Courts, and sessions on Labor Trafficking, Language of Sexual Violence and Immigration: Who “Belongs” and Who Doesn’t? Hon. Sharon Majors-Lewis chaired the New Judges/First Time Attendees Committee organizing an award-winning mentorship program for new judges and providing a warm welcome for everyone.

Committee. The event was incident-free thanks to the security provided by the San Diego County Sheriffs and United States Marshals. Hon. Robert Longstreth chaired the CLE Committee and co-coordinated the tour to the unaccompanied immigrant minors camp. Hon. Jill L. Burkhardt coordinated the tour of the international border. Hon. Pennie McLaughlin coordinated the tour of the women’s detention facility and the walking tour of San Diego. Hon. Margaret Mann coordinated the family justice center tour. Hon. Judy Chirlin worked to organize and secure funding from the State Department and other sources for scholarships for the International judges, most from developing countries that would not have been able to

L-R: Hon. Laura Birkmeyer, Hon. Lorna Alksne, Hon. Sonia Sotomayor, Hon. Pennie McLaughlin, Hon. Paula Rosenstein

Hon. Keri Katz chaired the Law School Liaison Committee, contacting the Deans of all the law schools in the area and seeking volunteer students to assist in the conference planning. She worked closely with Hon. Ana España and Hon. Vallera Johnson who co-chaired the Volunteer Committee to bring together and train a team of 80 volunteer students and attorneys who were, as Judge Ipema puts it, “the backbone of the conference.”“The smiles, boundless energy and hospitality of the volunteers was an inspiration to all in attendance,” Judge Woods notes. Hon. Katherine Bacal chaired the Public Relations/PR/Logo Committee. Hon. Patti Ratekin chaired the Hospitality committee, and Hon. Joan Weber chaired the Security

attend without this support. These judge’s attendance was meaningful to everyone. “It was incredibly humbling to host the international women judges … from South Korea, Taiwan, Kurdistan, Trinidad and Tobago, Pakistan and Nepal. They had traveled from all corners of the world to share their passion for our judging profession and their interest in the rule of law,” Judge Campos shared. Hon. Patricia Cowett, (Ret.) and Hon. Tamila Ipema co-chaired the International Judges Mentor Committee, working with Hon. Darlene White, Hon. Terrie Roberts, Hon. Desiree Bruce-Lyle and Hon. Carol Frausto (Ret.). All international judges were assigned local mentors, for instance Hon. Julia Kelety prepared a home cooked dinner for her mentees.


The NAWJ 36th Annual Conference in San Diego

L-R: India Jewell, Hon. Tamila Ipema, Jerrilyn Malana, Hon. Margie Woods, Hon. Yvonne Campos Hon. Theodore Weathers chaired the registration team that made each attendee immediately welcome, at ease and ready to participate. Hon. Lorna Alksne chaired social events throughout the conference that provided the opportunity to enjoy the sights of San Diego, the company of colleagues and a variety of diverse and healthy cuisine. The Mariachi Band from Chula Vista High School (graduates and students) performed beautifully at the Federal Courthouse juror lounge patio, the sunset enjoyed at the Berkeley Steam Ferry of the Maritime Museum was breathtaking, as were all the different venues and meals enjoyed from the US Grant Presidential Ballroom to the Outdoor Terrace of the Westin Gaslamp Quarter Hotel. Hon. Cindy Davis was the Finance Chair, keeping the conference on track financially, evaluating expenditures and reviewing the national office’s accounting. Jerrilyn Malana and India Jewell co-chaired the Friends Committee securing sponsorship for the Conference and working hard to engage the local legal community. Judge Ipema said of Jerrilyn and India, “These two incredible women worked so extremely hard and were so committed and dedicated.” It was also incredibly important to the Conference Co-Chairs, and the success of the Conference itself, to have the support of two San Diego Superior Court Presiding Judges, Hon. Robert Trentacosta and Hon. David Danielsen. This list is by no means inclusive of everyone who provided support to the Conference. Judge Campos summed this up when she said, “We had many, many unsung heroes who contributed to the overall success

of the conference.” Those heroes include panelists, judges, court staff, local lawyers, law students, businesses, local law schools and local legal organizations. Justice McConnell made special mention of Lawyers Club of San Diego’s critical support and beautifully executed Judicial Reception, while Judge Ipema recognized the hard work of the San Diego County Bar Association and San Diego Public Law Library in welcoming the international judges. Judge Woods recognized how fortunate we are in San Diego noting “this level of collaboration and support does not necessarily exist in all legal communities, but it does in San Diego. We inspired our colleagues who saw how we operate.” Judge Woods stresses that this is the reason it is so important to give back and to get involved: “There is so much still to be done. Others haven’t achieved what we have. They strive for it. It’s important to see how things are and how they can be.” Reflecting on the Conference Judge Ipema remarked, “I have to say my proudest moment was when our 60-member team of judges from various courts in San Diego and attorneys came together working hard to promote our theme of ‘protecting and advancing access to justice’ that was important to all of us; and attaining the ultimate result of our conference being the best NAWJ conference ever! I have been receiving correspondence from our international judges about the difference this conference has made in their lives and how it has inspired them to do more to provide better access to justice in their countries, it is what makes my heart fly with joy. This is the most beautiful lesson in life that when we all

come together for a common good and for a united noble goal of access to justice, we can make a huge difference; and we already have! And continue to make a difference. This is just the beginning!” Judge Woods recognized that “people left energized, inspired and ready to take on what needs to be addressed and hopeful in that regard. That’s what this conference was full of; hope and promise.” Just because the Conference is done, it doesn’t mean NAWJ’s work is over. All who support NAWJ’s mission are encouraged to join as members and to support its initiatives, like the Informed Voters Project, a grassroots movement to promote fairness and impartiality in the courts, and Color of Justice and Mentor Jet, a pipeline program to teach children of disadvantaged families that they can attain greatness in life and that they, too, could become attorneys and judges. More information is available at www.nawj.org. And you haven’t seen the last of 36th Annual Conference Co-Chairs Judges Woods and Ipema, either. Aside from goals to climb Mt. Whitney (again!) Judge Woods is focusing on collaborative court projects and being visible in the community, mentoring youth. Judge Ipema is starting an Incarcerated Women project in San Diego on behalf of the NAWJ, while continuing her work in facilitating a human trafficking collaborative and motivating youth with the Color of Justice and Mentor Jet programs that will be held twice a year starting in 2015. The purpose and mission of NAWJ is clear and still remarkably relevant 35 years after it was founded. The Annual Conference education, both formal and social, epitomize why the work must continue. And San Diego was showcased across the country as a community that whole-heartedly supports that mission. “We can’t sit back and say ‘Mission Accomplished.’ It’s an ongoing effort. We can’t stop working at it,” says Judge Finlay (Ret.) And we won’t.

Author Renée Galente (renee@gandgtriallawyers.com), pictured above with Hon. Sonia Sotomayor, is a partner with Galente Ganci, APC.

November/December 2014 SAN DIEGO LAWYER 21


Introducing 2015 San Diego County Bar Association President

RICHARD A. HUVER By Ray Huard

W

hen you finish a long, hardfought battle in the courtroom, or settle a difficult case, and you know you have done all that you can to best represent the interests of your client, you should be able to shake hands and have a cordial conversation with opposing counsel, regardless of the result. This is the belief that guides Richard Huver, the 2015 President of the San Diego County Bar Association (SDCBA). As an attorney who relates to and represents all types of people, Huver strongly believes that integrity and professionalism are paramount to the legal profession. His signature as a lawyer and community

22 SAN DIEGO LAWYER November/December 2014

leader is his unwavering ability to break up a stressful situation with a lighthearted comment and a smile. This is one of the many reasons friends and colleagues believe he is well-suited for his new role. Former Bar Association President Marcella McLaughlin said that in addition to being a highly intelligent problem-solver, Huver is “extremely approachable.” “The thing I love about him is we can be in the middle of a very intense session and he just knows what to say to break the tension and get people laughing and talking,” McLaughlin said. U.S. Magistrate Judge Karen Crawford said

Photo by Lauren Radack

Huver “represents the best” among lawyers. “He’s very good on his feet, he has a wonderful sense of humor so he can take a difficult situation and inject some humor into it,” said Crawford, who worked with Huver through the Louis M. Welsh Inn of Court, where she is president. Crawford said Huver has been a strong mentor to young lawyers through the Inn of Court. “He’s a guy who says what he’s going to do and does it,” Crawford said. “He works well on his own but he’s also a great collaborator,” said Denise Asher, who served with Huver on the board of Consumer Attorneys of San Diego and


RICHARD A. HUVER handled an especially difficult case with him. “I’ve co-counseled cases with a number of people over the years. Sometimes it’s a painful experience. Sometimes it’s a joy. With him, it’s the latter,” Asher said. Growing up in Los Angeles, Huver always thought he’d become a lawyer. In his freshman year at the University of San Diego, Huver got a work-study job in the law school admissions office, which momentarily made him question his chosen career path. “I remember looking at those law students at the time, dragging themselves up and down hallways during finals week,” Huver said. “I said, ‘man, there’s no way I want to go to law school.’ They looked miserable.” At USD, Huver got his degree in business administration but found when he got out of college in 1982, the economy was tough and good jobs were hard to find. With few prospects in San Diego, Huver returned to Los Angeles and went to work in the law firm of his uncle, Ned Good. This experience and his uncle’s mentorship rekindled Huver’s drive and interest in the law. His drive has already been proven at the Bar Association. Elected to the Association’s board of directors in 2011, Huver served as cochairman (with Jeff Joseph) of the Building Committee in 2012, which led the push to relocate the association’s headquarters to the new Bar Center at 401. “We envisioned a place where members would come before hearings, during lunch breaks or at other times to meet with clients, or connect to the internet and get work done,” Huver said. “Our new Bar Center has met our vision, as evidenced by the growing number of members who utilize the Bar Center for exactly those purposes and more.” Huver was elected to serve as Treasurer for 2013. Huver also was co-chair with outgoing President Jon Williams of the association’s Court Funding Action Committee, which has fought against cuts in state funding of the courts and educated legislators on the importance of a fully funded judiciary. “It was a first for the Bar to actively engage in advocacy efforts – meeting and establishing relationships with our local elected officials to impress upon them the vital importance of a fully funded judicial branch and the dangers of underfunding the courts,” Huver said. As president, he said his top priorities

will be to sustain the drive to restore state funding for the courts, continue implementing a five-year stabilization plan aimed at ensuring that everyone in the legal community feels they have a place in the association, and emphasize the need for civility, integrity and professionalism within the legal community. “Civility and integrity are the bookends of professionalism. Unfortunately, civility sometimes goes by the wayside in the heat of battle,” Huver said. “I firmly believe you can zealously represent your client without acting unprofessional or personally attacking your opponent.” Kenneth Sigelman, a friend who has known Huver for 15 years and worked together as co-counsel, said Huver “never loses sight of the fact that the case is all

mastered the ability to be a strong advocate for his clients while earning the respect of those on the other side. Kevin Kennedy, San Diego County’s senior deputy counsel, said Huver is “the modicum of civility.” Kennedy and Huver were on opposite sides of a case that ultimately settled through mediation. “He was very easy to work with in terms of there not being any friction developing between counsel,” Kennedy said. The tenacity Huver displays in representing clients sometimes extends to his personal life. Huver was adopted and, as a teenager, started a quest that took him nearly 20 years to find his birth parents. “As much as I love my (adoptive) parents

Photo by Lauren Radack about the clients.” “As a lawyer, he’s got a great skill set that combines a very meticulous attention to detail and organizational skills, a very sharp legal mind and extensive knowledge of the law, and most importantly, great empathy for his clients,” Sigelman said. “As a friend, he has loyalty combined with a great sense of humor,” Sigelman said. “He’s a fun-loving person with great people skills.” Outgoing Bar Association President Jon Williams said Huver is “the consummate diplomat.” “He puts the people around him at ease,” Williams said. “It’s not forced. It’s just a natural part of his personality.” Friends and colleagues said Huver has

and as much as I knew they were my parents, I always knew I was different from them,” Huver said. “I looked very different, my personality was different, and I always felt independent. I really wanted to know who I was and where I came from.” Huver ultimately tracked down his birth father, a retired New York corporate general counsel, but found out his father had died two years before Huver learned his name. Against incredible odds, he ultimately found his birth mother who was living on the east coast and the two have kept in touch. “She instantly became a quasigrandmother to my three kids,” Huver said. Huver has raised three sons – Eric, 22 and twins Nick and Drew, 19. He has a younger November/December 2014 SAN DIEGO LAWYER 23


RICHARD A. HUVER sister, Susan, and a younger brother, Greg. His older sister Karen died of cancer in 2005. And his family is about to expand. Last January, Huver proposed to fellow lawyer Karin Wick, who has a 12-year-old daughter and a 22-year-old son. Both golfers, Huver and Wick like to say they “found love on the back nine of life.” “We have kind of a blended family,” said Wick, who met Huver when he was president of the Consumer Attorneys of San

Diego (CASD) in 2006 and she was a board member. Huver was a CASD board member for 11 years. “We have so much in common,” she said. “We finish each other’s sentences, we can look across the room and know what the other is thinking, we’re competitive in all things sports, and we laugh our heads off.” Like Huver, Wick is a plaintiff’s attorney and a solo practitioner and, like Huver, she was adopted and had been looking for her birth mother, but with no success.

“Practicing the kind of law I practice, sometimes it’s 50 percent legal and 50 percent therapy, particularly when I’m dealing with someone who’s lost a loved one or been horribly injured or paralyzed. Regardless of which hat I’m wearing, though, I feel good because I’m helping someone who desperately needs help.” Richard with fiancé Karin Wick

Photo by Lauren Radack 24 SAN DIEGO LAWYER November/December 2014

“He was the person who encouraged me to reach out one more time to try and find her,” Wick said. With the help of a private investigator recommended by Huver, Wick found and visited her birth mother in Germany. “The course of that experience became one of the solidifying factors in our friendship,” Wick said. Wick said she and Huver have successfully collaborated on a few cases but otherwise maintain their own offices. A California native, Huver grew up in North Hollywood and later the Los Angeles suburb of La Canada. Huver said he started working when he was a 10-year-old, delivering the afternoon newspaper, doing yard work for neighbors, and working during summers at his uncle’s law office until he was old enough to get a job bagging groceries at Vons. “I’ve pretty much worked my whole life,” Huver said. “My parents didn’t have a lot of money, raising four kids. I always worked so I could save money, but also afford to buy myself the things that weren’t necessities.” Huver saved enough money to pay his own way through college. He then clerked full time for his uncle Ned Good while attending law school at night. Although he is a hard worker, Huver admits to being a bit mischievous in college. His college roommate, Jonathan Brogan, a Portland, Maine Trial Attorney, laughed in recalling those days but was circumspect in discussing them. “You’ve got to remember, these were the ‘Animal House’ days. We all thought we were Bluto,” said Brogan, referring to the 1978 movie starring John Belushi as the party-hearty protagonist. Brogan said he and Huver have remained close friends, although professionally, their clients are far different. “I represent a lot of companies, entities that are being sued by people who Richard might represent,” Brogan said. Although he’s never faced off against Huver, Brogan said “he is an excellent adversary.” ‘He likes to compete, he likes to win,” Brogan said. Ken Green, a childhood friend of Huver’s, said even as a child, Huver was a determined opponent. “Whether it was playing basketball in my driveway, or ping pong in the backyard, he was always highly competitive,” Green said. Huver also is a big practical joker,


RICHARD A. HUVER Richard with sons (L-R) Nick, Drew and Eric

Photo by Tammy Bunn Green said, although he declined to give examples. “We freely played jokes on each other,” Green said. “He was always willing to laugh at himself and that is a very admirable attribute.” After graduating from USD, Huver earned a law degree from Southwestern University

School of Law in 1987 where he was a deans’ scholar. He worked for his uncle for 12 years, then came to San Diego in 1994 to work in the law firm of Levine, Steinberg & Miller, where he later became partner. After 16 years at the firm, he left to start his own firm in 2009.

“It’s in my genes, I think, to help people,” Huver said. “Practicing the kind of law I practice, sometimes it’s 50 percent legal and 50 percent therapy, particularly when I’m dealing with someone who’s lost a loved one or been horribly injured or paralyzed. Regardless of which hat I’m wearing, though, I feel good because I’m helping someone who desperately needs help.” Huver has handled a number of highprofile cases, including representing the San Diego Padres as co-counsel with Harvey Levine in a lawsuit against Lloyd’s of London over a disability claim involving former relief pitcher Randy Myers. The case was settled in May 2003 for $11.9 in the Padres’ favor. Following the 2003 San Diego wildfires, Huver represented pro bono nearly 250 families who were underinsured, helping them through the claims process and providing advice. For some of those families, he was able to obtain nearly $7 million in additional insurance coverage beyond their policy limits to help them replace their homes and belongings. Earlier in his career, Huver worked on lawsuits surrounding the July 1982 deaths of actor Vic Morrow and two children in a helicopter crash during the filming

QUICK FACTS Favorite book: Any book that challenges me intellectually or grabs me emotionally.

Your greatest achievement: Raising my three sons, who are becoming fine young men.

Favorite food: Sushi…I could eat it five times a week!

Do you have a motto? ALWAYS be prepared.

Favorite quote: “Be more concerned with your character than your reputation. Your character is what you really are while your reputation is merely what others think you are.” – John Wooden

Favorite sports team: Notre Dame Fighting Irish

Favorite vacation spot: Anywhere I can go with my fiancé.

Favorite band/album/concert of all time: I am a diehard rock ‘n roll fan.

Favorite restaurant: Fish Market (for sushi of course) Person you would most like to have dinner with: My sister Karen, who died of cancer nine years ago. Something most people don’t know about you: My uncle saved me from drowning in a pool when I was five and when I was 16, I saved a girl from drowning in the ocean.

Run-ins or celebrity sightings: Walter Cronkite, Vince Scully, Phil Mickelson (almost ran him over – quite a story)

Favorite time of year: Fall. Football, holidays, cooler weather. Proudest moment of your legal career: The many times I delivered a check to an underinsured victim of the 2003 wildfires for a settlement well beyond their insurance policy limits.

November/December 2014 SAN DIEGO LAWYER 25


RICHARD A. HUVER of “Twilight Zone: The Movie” and the August 1990 death of guitarist Stevie Ray Vaughn and Eric Clapton’s music agent in a helicopter crash. Huver’s entire career has been about helping people. Today, his firm specializes in personal injury and wrongful death cases arising from a variety of causes (vehicle, truck, premises, products, etc.), as well as elder abuse, medical malpractice, and insurance bad faith. Huver’s long-time passion, outside of work and home, is golf. He has a six handicap and has forged many a relationship through golf. “I had a chance meeting with someone through a golf clinic who turned out to need legal assistance. I helped him pro bono, and we became friends. He ultimately took me out to play Cypress Point, one of the top 5 rated golf courses in the world. It was an incredible experience and is a life-long memory.” A photograph of the famed par three 16th hole hangs on his office wall. Aside from golf, Huver is big on books, movies and more recently with his fiancé, theater and travel. “We both read a lot of books,” Huver said. “We have so many packed away in boxes, I can’t remember them all.” His favorites are spy novels, mysteries and anything that pulls on his emotions. His favorite movie is “Rudy,” the 1993 true-life story about a 5’ 6” linebacker who dreams of playing football for the University of Notre Dame. He makes the practice squad but not the real team until the last game of his senior year. “He gets put on the field with something like 30 seconds to play, and on the last play of the game, sacks the quarterback. He becomes the first of only two players ever carried off the field.” Friends and colleagues said that passion for the underdog has served Huver well as a lawyer and will make him an empathetic Bar president. Superior Court Judge Kevin Enright, who met Huver on the golf course, said Huver is “just a great person.” “He’s determined to do the right thing. He will serve the bar extremely well as its leader,” Enright said. Ray Huard is a freelance journalist.

We make establishing Special Needs Trusts easy

Protect SSI and Traditional MediCal No Minimum Funding Clients of Any Age Will Lindahl, MBA, CLPF Enrollment Director will@snthelp.com 877-695-6444, Ext. 2 www.snthelp.com A Pooled Special Needs Trust provider that will go to your firm or the client to facilitate signing. We can setup a trust for your client in days.

“CPT is the nation’s leading pooled trust provider. I trust them to manage all of my clients who require a pooled trust.” - Kevin Urbatsch National Director of the Academy of Special Needs Planners

DIRECTORY OF EXPERTS AND CONSULTANTS ART EXPERT Appraisal and Resales Estates, Divorces, Bankruptcies, etc. Free informal appraisal and authentication advice as practical. Formal appraisal services for loss evaluation and insurance. 35 years working with rare and fine art. Creighton-Davis Gallery 760-432-8995 info@rareart.com

EYEWITNESS EXPERT TESTIMONY: 45 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: macspeidenphd@nethere.com FOR INFORMATION ABOUT ADVERTISING, CONTACT THE SDCBA AT 619-231-0781. ADVERTISEMENT

26 SAN DIEGO LAWYER November/December 2014


Labor Law in Review Looking back and ahead at employment and labor law changes By Stephenie Alexander

A

lthough there are approximately 10,000 Petitions of Certiorari submitted to the United States Supreme Court each year, the Supreme Court grants and hears oral argument in roughly 75-80 cases. That equates to about .008% (or a little less than one percent) of petitions that are granted each year. As one might imagine, the selected few sometimes involve the most controversial of issues. This year was no exception. Following is a synopsis of rulings issued in the 2013-2014 term, and those on the horizon for the upcoming term with respect to labor and employment law issues. Harris v. Quinn, 573 U.S. _______ (2014) In a 5-4 split, the Supreme Court ruled that certain Illinois home care workers who declined to join a union, are not required to pay agency fees based upon the protections afforded under the First Amendment. Justice Alito authored the opinion which reversed the prior district court and Court of Appeal rulings that workers could be compelled to pay agency fees based on precedent established in Abood v. Detroit Bd. of Ed., 431 U.S. 209 (1977). In Abood, the

Supreme Court ruled that state employees who choose not to join a union may nevertheless be required to pay union fees incurred in conjunction with collective bargaining agreements, otherwise known as an agency fee. In a narrow holding, the Supreme Court found that the home care workers were not “full-fledged” public employees, thereby rendering the Abood case inapplicable. As opposed to “fullfledged” employees of the state, the Court noted several significant distinctions: (1) the terms of employment of the home care workers are exclusively controlled by their customers (those to whom they were providing home care); (2) the workers do not share the same rights and benefits of state employees; and (3) the workers are not indemnified by the state for claims made against them during the course of their employment. In fact, Illinois law deems the home care workers “public employees” only for purposes of collective bargaining agreements relating to terms and conditions under state control – which were very limited in nature. Thus, the Court declined to extend the Abood holding to the home care workers November/December 2014 SAN DIEGO LAWYER 27


and deemed the mandatory agency fee provision in violation of the workers’ First Amendment Rights.

for the time spent walking to and from the locker room to put on their protective gear.

Critics argue this opens the door to further challenges by other groups of workers seeking to use the Court’s rationale to render similar agency fee provisions a violation of First Amendment and Freedom of Association rights. Union supporters argue that any expansion of this narrow holding allows individual workers to take advantage of the benefits of collective representation without having to pay their fair share of costs incurred in obtaining those benefits.

In a unanimous opinion, the Supreme Court held such activities (i.e., donning and doffing required safety gear) constitutes “changing clothes” under the FLSA. The term “clothes,” as instructed by the Court, is interpreted under the statute to include items required for job performance. The Court noted that employees do not have to substitute one outfit for another in order for the activity to fall within the provision. The Court, however, rejected the notion that all wearable items constitute “clothing” and specifically excluded, tools and accessories, necklaces, knapsacks, and knife holders. With respect to the Sandifer plaintiffs, the Court found that safety glasses, earplugs and respirators were not “clothing.”

Sandifer v. United States Steel Corp., 571 U.S. _______ (2014) The Supreme Court confronted the issue of whether changing into certain required safety gear constitutes “changing clothes” for purposes of section 3(o) of the Fair Labor Standards Act (FLSA), 29 U.S.C. §203(o). Section 3(o) of the FLSA generally provides that “changing clothes” is non-compensable as dictated either through a collective bargaining agreement or by custom or practice. In Sandifer, the class action plaintiffs argued they were entitled to back pay for time spent in putting on protective gear, which included items such as a “flame-retardant jacket, a pair of pants, and hood; a hard hat; a 'snood'; 'wristlets'; work gloves, leggings; 'metatarsal' boots; safety glasses; earplugs; and a respirator.” The Sandifer plaintiffs also argued they were entitled to compensation

In that regard, the Court articulated the standard in determining whether donning and doffing non-clothing items is compensable. This standard turns on whether the changing period “on the whole” is spent changing clothes versus changing non-clothing items. If the “vast majority” of time is spent changing clothes, the entire period qualifies as non-compensable under section 3(o) of the FLSA. On the contrary, if the “vast majority” of time is spent changing into non-clothing related items, the time is outside the scope of Section 3(o) of the FLSA. Without a clear definition of “vast majority,” however, this decision may not impede the filing of similar lawsuits.

DEBTOR WON’T PAY? Tired of excuses? Concerned that assets are being dissipated or concealed? We collect from the toughest of debtors! We are tenacious, aggressive, and

WE GET THE JOB DONE!

OUR SERVICES INCLUDE:  Pre-judgment attachments  Identification and tracing of assets  Bank levies  Wage garnishments  Liens on real property  Execution upon personal property

Charging orders Debtor examinations Receiverships Adversary actions in bankruptcy  Claim and delivery  Temporary protective orders  Foreign and sister-state judgments

   

LAW OFFICES OF TERRY L. GILBEAU 5701 Lonetree Blvd. Suite 304  Rocklin, CA 95765

(916) 626-5539  www.CADebtCollectionAttorney.com


LABOR AND EMPLOYMENT ISSUES TO BE RESOLVED BY THE SUPREME COURT IN THE 2014-2015 TERM Wage and Hour Certiorari was granted on March 3, 2014, in the Integrity Staffing Solutions v. Busk case. In Integrity, the Supreme Court will analyze whether temporary workers in Amazon warehouses are entitled to compensation under the FLSA for time spent in security check lines, alleged to be upwards of 25 minutes. Under the 1947 FLSA amendments known as the Portal-to-Portal Act, traveling to and from “the actual place of performance of the principal activity or activities which such employee is employed to perform” is non-compensable unless it is “integral and indispensable” to the work to be performed by the employee. The class action plaintiffs argue they should be compensated as the security checks are mandated by Amazon and meet the “integral and indispensable test” – i.e., the checks arise from their work at the warehouse and are conducted solely for Amazon’s benefit. This case is undoubtedly on the radar of employers nationwide as it will directly affect all other pending litigation and current policies involving post-break/post-shift searches and may serve as precedent for other post-shift tasks performed by employees. Religious Discrimination On October 2, 2014, the Supreme Court granted Certiorari in the EEOC v. Abercrombie & Fitch case involving the issue of religious discrimination and what type of “actual knowledge” an must employer have to be on notice that a religious accommodation is required. Specifically, the question to be resolved is whether Abercrombie is liable under Title VII of the Civil Rights Act for religious discrimination when it denied employment to a Muslim woman

sandiegocountybar

sdcountybar

who wore a hijab (headscarf) to an interview, but neither the woman nor the interviewer brought up the headscarf during the interview. Abercrombie argues that because the woman did not explicitly advise she required a religious accommodation under its “look policy” to wear the hijab at work, it was not on notice and, therefore, not liable for religious discrimination under Title VII. If the Supreme Court disagrees with Abercrombie’s position, the Court could shift the burden of initiating the discussion of a reasonable accommodation to the employer. Pregnancy Discrimination Oral argument is slated on December 3, 2014, in Young v. United Parcel Service, Inc. At issue is the scope of protections of the Pregnancy Discrimination Act (PDA) and “whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant employees who are ‘similar in their ability or inability to work’.” For women’s rights advocates, this issue is founded upon gender equality and entitles pregnant employees to the same protections as non-pregnant employees. With key rulings expected, employees and employers alike eagerly await the high court’s rulings on what has certainly sparked controversial debates from both perspectives. Stephenie Alexander (alexander@claroconsultingservices.com) is an attorney with Claro Consulting Services. 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.

San Diego County Bar Association

@sdcountybar

FOLLOW US! Connect with the SDCBA on Facebook, Twitter, LinkedIn and Instagram to receive important SDCBA updates and network with your colleagues at the Bar.

30 SAN DIEGO LAWYER November/December 2014


The experience to get it done right.

CRAIGHIGGS.COM


A Gift of Guidance Supreme Court Justice Antonin Scalia passes on words of wisdom to local law students By Brody Burns

O

n Sept. 11, U.S. Supreme Court Justice Antonin Scalia visited the University of San Diego (USD) School of Law and held a private lecture with a group of 70 law students. Justice Scalia spoke about the role of judges in the American legal system, the virtues of his beliefs in Originalism, and the manner in which he reaches a legal decision on the bench. He also answered questions directly from the group and gave personal advice to the students. “Brains are like muscles, you can hire them by the hour. The only thing that is not for sale is character.” Justice Scalia passed on the best piece of advice he had ever heard to the group of students as they begin to embark on their legal careers. The source of the advice was his father, and the words still resonate as strongly as the day they were given. Justice Scalia also argued for the paramount importance of the Constitution in the United States and urged the students to realize this importance. “It is not the Bill of Rights that keeps the U.S. the freest country, the Bill of Rights is worthless unless the real Constitution prevents the centralization of power. If centralization of power occurs, then the Bill of Rights is merely words on paper.” Justice Scalia cautioned the students against perceiving a country to be free because of the existence of a Bill of Rights. The Constitution prevents centralization of power. He then addressed the current state of the government, and suggested that students may want to change their view on gridlock in Washington. “You should learn to love gridlock. It’s a system design. Ambition countering ambition; it makes it very hard for someone to have all the marbles.” The lecture was coordinated by USD Law Professor Michael Devitt and co-hosted by Dean Stephen Ferruolo as an incredible opportunity for students to interact with a sitting Supreme Court Justice. Professor Devitt’s personal relationship with the Justice developed out of a cold call. A blind

phone call asking the Justice to be a part of the school’s McLennon Honors Moot Court Competition. The Justice responded, took Devitt up on his offer, and presided over the 2004 competition. Professor Devitt was thoroughly impressed with the lecture. “Justice Scalia was incredibly generous with his time and energy; he went out of his way to address the students and respond to all of their questions.” Devitt also spoke of the specific value of the lecture for students, “There was a significant amount of value to be received from students participating in this lecture and question and answer session. It was a unique opportunity and I am so proud of the students for each of his or her insightful questions. The legal profession is a noble profession and the opportunity to interact with a sitting Supreme Court Justice reinforces the honor of the profession. After the lecture it was clear to me that the torch was being passed on to the next generation of fine lawyers.” The group of students was a combination of second and third year students in Devitt’s Evidence course along with international exchange students visiting the University. Second year student Lauren Crosby attended the lecture and was impressed at the overall value Justice Scalia puts on oral advocacy. “One of the most impactful things Justice Scalia said to the group was that oral arguments rarely change his mind, but they do help him make up his mind in reaching

a decision. I thought these remarks were especially relevant to the group as we all embark on internships and extra-curricular activities. We are beginning to face the challenge of speaking on behalf of clients, and it was inspiring to hear the impact this oral advocacy makes on the Court.” Justice Scalia was in town for the 87th Annual Meeting of the State Bar of California, where he was speaking on the topic of interpreting legal texts. After he finished speaking at the Annual Meeting, he was whisked to USD with a security detail of U.S. Marshals. Justice Scalia wasted no time in dispelling any myths the students may have held about the role of judges in the American legal system. “The principal function of a judge is to give democratically created texts their fairest meaning.” At one point Justice Scalia was asked what he thought was the greatest problem facing the country. “The greatest problem is the moral state of the country; I am so glad I am not raising children right now, because you get very little help from society.” The lecture lasted an hour and gave the students the rare chance to interact with a sitting Supreme Court Justice. Second year law student Ken Brown attended the event, and described the lecture as a once in a lifetime opportunity. “Hearing Justice Scalia speak was an amazing experience. It will definitely be one of my most memorable experiences at USD.” For another student, second year Zach Damian, Justice Scalia’s advice from his father about a person’s character, were particularly impactful. “His last words are stuck in my mind, and I am certain that they will guide me through my career. While the skills and knowledge I will take from USD will put me into a good position to become a successful attorney, the advice from Justice Scalia will help me reach my ultimate goal of being a good man.” Brody Burns is a 2L at the University of San Diego School of Law. November/December 2014 SAN DIEGO LAWYER 33


Celebrating Pro Bono Efforts to Close the Justice Gap By Teresa Warren The magnitude of the shortage of attorneys servicing low-income Californians is staggering, illustrated by keynote speaker California Supreme Court Justice Goodwin Liu at the annual San Diego Volunteer Lawyer Program (SDVLP) Justice For All Celebration on Oct. 2, 2014 when he described the dire shortage: “If you were to fill to capacity Qualcomm Stadium with individuals who need pro bono legal services, there would only be seven legal aid attorneys to serve the entire group. If each of these seven attorneys worked 24/7, with no breaks, it would take seven months to do one-half hour consultations with each individual in need.” The justice gap has never been wider, and as government funding continues to be cut, the need for pro bono attorneys has never been greater. That is why San Diego Volunteer Lawyer Program’s Justice For All Celebration is

such an important event, as it celebrates the contributions of local attorneys who are heeding the call for help that resonates throughout San Diego County. This year’s honorees were Alan Marblestone, who received the Pro Bono Publico Award; Heather Rosing, who was honored with the Exemplary Service Award; and Foley & Lardner was chosen for the Outstanding Law Firm award. Justice Liu told the award winners “you set a fine example” and reminded the 300 attendees that it is “justice for all… not some but all, including low income people who often navigate the system alone.” He also told the audience that there is less government funding today for free legal services than there was 40 years ago, although the need is greater than ever. “While there are various reasons why clients come to SDVLP,” said SDVLP Executive Director Amy Fitzpatrick, “virtually all

share the same root cause: poverty.” With 50 million people in our country living in poverty today, Ms. Fitzpatrick counseled the audience that we must “stop blaming poor people for being poor” and instead face anti-poverty like we have faced and overcome discrimination and many other issues in this country. Alan Marblestone is facing the issue head on. Since 2010, Mr. Marblestone has provided more than 200 hours annually to SDVLP, handling divorce and protective order matters. Heather Rosing has made significant contributions to SDVLP over the course of many years as one of the original organizers of LAF-Off (Lawyers are Funny) and serving on the SDVLP board. Foley & Lardner has provided attorneys and paralegals to support all of SDVLP’s clinics. Teresa Warren (twarren@tw2marketing.com) is President of TW2 Marketing, Inc.


BAR HISTORY BY HON. WILLIAM HOWATT, JR. RET.

The Garra Troubles The Garra Uprising of 1851 left a mark in San Diego history Antonio Garra was the Captain of the Cupeños located near Warner Springs at the hot springs known as Agua Caliente. Garra was a person who had been educated at the Mission San Luis Rey and could read and write Spanish, knew Latin and several Indian dialects. He was well respected by both the Americans and the native peoples throughout the county. The San Diego Herald described him as: “. . .regarded by all who know him as a man of energy, determination and bravery. As one of the most outstanding chiefs, his power and influence among the Indians is almost unbounded.” Living in the area called “Kupa” near what is now called Warner Springs, Garra frequently assisted and supported weary immigrants who had crossed the AnzaBorrego Desert. At one point he was named “Captain” by General Kearney for his commitment to aid the AngloAmericans in the Mexican American War. At the same time the City of San Diego became a Chartered City in California in March 27, 1850. The First District Court was established in San Diego but due to lack of published State Laws did not hold sessions until September 2, 1850. Land was being sold by the City but taxes to support the City were slow to be collected and ultimately the City would have its Charter revoked by the Legislature for insolvency in 1852. Against this backdrop of the need to collect taxes was the effort of Agoston Haraszthy, County Sheriff, to collect taxes from the various Native Peoples in San Diego County. Even though Joshua Bean, the last Alcalde and First Mayor of the City and at that point General of the State Militia, assured the Indians that they did not have to pay taxes as they were the wards of the Federal Government. Haraszthy had already collected some taxes from the Luiseños, Cupeños, Paumas and others in San Diego County either by cash or seizing cattle and horses and selling the livestock.

The Indians became upset with the taxes levied upon them and Haraszthy sought direction from the State Attorney General who said that taxes were properly collected from all the Indians. Garra became bitter over the taxation and the confiscation of Indian livestock when their cash was insufficient to pay the taxes levied. The tax was primarily 15 cents for every $100 of real or personal property. He grew more resolute in defying the taxes and sought to organize the Indians of the area against this oppression. On November 16, 1851 a group of Americans and Mexicans crossed the Colorado River in the area of Yuma with over 1,500 sheep. A large band of Indians under Garra’s direction attacked the group, killing four men and stealing

all the sheep. This violent attack was to recoup livestock lost by the confiscation of livestock for taxes. This event was reported and alarmed the area to the fact that the Indians were seriously outraged and violence had occurred. Seven days later on November 23, 1851, a large group of Indians, including Garra’s son, attacked J. J. Warner’s ranch at Warner Springs. Warner had heard of the possibility of an attack and had sent his family to San Diego. In the attack Warner was able to escape to San Diego and alarm the city of the violence at his ranch. All of his stock had been stolen. At the springs four Americans were killed by the Indians. The citizens of the City of San Diego were now thoroughly convinced that an attack by the Indians was imminent. Under the November/December 2014 SAN DIEGO LAWYER 37


command of Major E. H. Fitzgerald a volunteer group of men were formed to protect the city. It is unclear under what authority, if any, Martial Law was declared and the capture of Antonio Garra was sought. The Captain of the Cahuilla Indians, Juan Antonio, enticed Garra into his village and captured him. Juan Antonio then turned Garra over to General Joshua Bean and he was brought for trial to San Diego. Antonio Garra was charged with treason, murder and robbery. In a brief Court Martial trial presided over by General Joshua Bean in the Old Town courthouse, he was found guilty of murder and robbery for the violence at Warner’s Ranch. He was sentenced to die by firing squad. Garra claimed to have not participated in the Warner Ranch violence but he was not believed. On January 10, 1852, Antonio Garra was led to Campo Santo in Old Town San Diego and ordered to kneel at the head of a grave dug for him. This proud and brave man said in an unwavering voice: “Gentlemen, I ask your pardon for all my offenses, and expect yours in return.” The Provost Marshall turned to the ten assembled riflemen and ordered them to fire. Antonio Garra’s grave can be found in Campo Santo, the Old Town San Diego Grave Yard. He remains an honored and respected leader of the Cupeño Indians. Hon. William Howatt, Jr. is a retired San Diego Superior Court Judge.

A Visit from Our Past By George Brewster, Jr. It is generally known that the County Administration Center (on the harbor, now surrounded by parks and fountains) was dedicated by President Franklin Roosevelt in 1938. Roosevelt was planning to leave on an equatorial fishing cruise from San Diego on July 16, 1938, so the civic leaders at the time extended an invitation to the President to dedicate the then-called Civic Center. As the building (originally designed to include both City and County offices as well as a Hall of Justice) was a WPA project, Roosevelt agreed to attend the dedication. At 3 p.m., his convertible was driven to the building’s front door on a specially built ramp, he made brief remarks from the back seat and then left on his fishing trip. The dedication occurred five months before the building completion, which was celebrated on December 23, 1938. Roosevelt came back to San Diego in 1944, 60 years ago. It was again

38 SAN DIEGO LAWYER November/December 2014

in July. The country was engaged in war, and the President looked significantly more worn (and in ill health) from his trip here six years prior. This go-around, Roosevelt was on his way to Hawaii to discuss military strategy in the Pacific; consequently he was not at the 1944 Democratic Convention, which nominated him for his fourth term. While here, on a train purportedly stopped in or near what was then the MCRD (along Washington Street) and accompanied by his son James, he received a telegram officially notifying him of his nomination. At 8:20 p.m. on July 20, 1944, he gave a short acceptance speech. At the time, his location was a military secret; the San Diego Union carried a story the next day about the acceptance speech, saying only it was from a Pacific coast naval base. George Brewster, Jr. (george. brewster@sdcounty.ca.gov) is Chief Deputy for the Office of County Counsel.

Statement of Ownership, Management and Circulation (required by 39 U.S.C. 3685). 1. Publication title: San Diego Lawyer. 2. Publication number: 1096-1887. 3. Filing date: October 1, 2014. 4. Issue frequency: Bimonthly. 5. Number of issues published annually: 6. 6. Annual subscription price: $10 member/$50 non-member. 7. Complete mailing address of known office of publication: 401 West A Street, Suite 1100, San Diego, CA 92101-7923, San Diego County. 8. Complete mailing address of headquarters or general business office of publisher: 401 West A Street, Suite 1100, San Diego, CA 92101-7923. 9. Full names and complete mailing addresses of publisher, editor and managing editor. Publisher: Ellen Miller-Sharp, 401 West A Street, Suite 1100, San Diego, CA 92101-7923. Editor: Alidad Vakili, 3580 Carmel Mountain Road, Suite 200, San Diego, CA 92130-6768. Managing editor: Karen Korr, 401 West A Street, Suite 1100, San Diego, CA 92101-7923. 10. Owner: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 921017923. 11. Known bond holders, mortgagees and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages or other securities: None. 12. Not applicable. 13. Publication title: San Diego Lawyer. 14. Issue date for circulation data below: September/October 2013—July/August 2014. 15. Extent and nature of circulation: Membership/ trade publication. a. Total no. of copies. Average no. copies each issue during preceding 12 months: 8,825. No. copies of single issue published nearest to filing date: 8,600. b. Paid circulation. (1) Mailed outside-county mail paid subscriptions stated on Form 3541. Average no. copies each issue during preceding 12 months: 323. No. copies of single issue published nearest to filing date: 327. (2) Mailed in-county paid subscriptions stated on Form 3541. Average number copies each issue during preceding 12 months: 8,266. No. copies of single issue published nearest to filing date: 8,025. (3) Paid distribution outside the mails including sales through dealers and carriers, street vendors, counter sales and other paid distribution outside USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (4) Paid distribution by other mail classes through the USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. c. Total paid distribution. Average no. copies each issue during preceding 12 months: 8,589. No. copies of single issue published nearest to filing date: 8,352. d. Free or nominal-rate distribution. (1) Outside-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (2) In-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (3) Not applicable. (4) Free or nominal-rate distribution outside the mail. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. e. Total free or nominal-rate distribution. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. f. Total distribution. Average no. copies each issue during preceding 12 months: 8,589. No. copies of single issue published nearest to filing date: 8,352. g. Copies not distributed. Average no. copies each issue during preceding 12 months: 215. No. copies of single issue published nearest to filing date: 151. h. Total. Average no. copies each issue during preceding 12 months: 8,804. No. copies of single issue published nearest to filing date: 8,503. i. Percent paid. Average no. copies each issue during preceding 12 months: 100%. No. copies of single issue published nearest to filing date: 100%. 16. Electronic copy circulation: Not applicable. a. Paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. b. Total paid print copies + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. c. Total print distribution + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. d. Percent paid. Average no. copies each issue during preceding 12 months: Not Applicable. No. copies of single issue published nearest to filing date: Not applicable. 17. Publication of Statement of Ownership for a general publication is required and will be printed in the November/December 2014 issue of this publication. I certify that all information furnished is true and complete. Ellen Miller-Sharp, Executive Director, San Diego County Bar Association


West Coast Resolution Group

Her Resolve: Finding Customized, Efficient and Creative Solutions Your Resolution: Judy Copeland

exceptional service “Judy’s expertise, creativity and skill in handling difficult participants saved the day and avoided protracted and unpredictable litigation.” -San Diego Probate Litigator Judy’s Featured Practice Areas: Probate, Conservatorship and Trust Disputes; Will and Trust Contests Dispute Resolution. It’s what we do and we take it personally.

Doug Barker

Rick Barton

Jim Chodzko

Judy Copeland

John Edwards

Hon. Susan P. Finlay (Ret.)

westcoastresolution.com (619) 238-7282


Distinctions Individuals and organizations in our legal community celebrated numerous achievements this past year. Following is a list of recent community recognitions: Hon. Terrie Roberts, Commissioner of the San Diego Superior Court, was honored by President Barack Obama with the President’s Call to Service Award, which was presented to her at the Fourth Annual Project Confidence Awards.

Janice Brown, senior partner at Brown Law Group, was recently named to the California Minority Counsel Program’s Diversity Leader Hall of Fame.

San Diego Superior Court Judge Christine Goldsmith recently retired after serving more than 27 years on the bench.

John Morrell, managing partner of Higgs Fletcher & Mack, and Todd Stevens, shareholder at Keeney Waite & Stevens, were recently honored with 2014 Distinguished Alumni Awards from the University of San Diego School of Law.

Victoria Fuller, attorney with Higgs Fletcher & Mack, received the Pro Bono Publico Award from Casa Cornelia’s Inn of Court.

Richard Valdez, partner with Sandler, Lasry, Laube, Byer & Valdez LLP, was appointed to the San Diego County Fair Board of Directors.

Sullivan Hill Lewin Rez & Engel shareholder Don Rez was reappointed to the USD School of Law Board of Visitors.

Troutman Sanders LLP partner Michael Whitton was elected to the California Western School Law Board of Trustees.

Charles Bell of the San Diego City Attorney’s Office was elected president of the Earl B. Gilliam Bar Association.

This list highlights a few of our community’s accomplishments and is not all-encompassing. We feature accomplishments throughout the year in San Diego Lawyer. Send information or press releases to bar@sdcba.org with subject line “Distinctions.”

ADVERTISERS INDEX ADR Services, Inc.................................................................... 2 AHERN Insurance...................................................................48 Albertson & Davidson LLP................................................13 American Arbitration Association ..............................36 California Western School of Law................................15 CaseyGerry ............................................................................... 3 CPT Special Needs Trusts..................................................26 Craig Higgs ...............................................................................31

Creighton-Davis Gallery....................................................26 Eyewitness Expert Testimony.........................................26 First Republic Bank................................................................ 7 Fragomen, Del Rey, Bernsen & Loewy, LLP............40 Hon. Charles Hayes, ADR Services, Inc......................35 JAMS .............................................................................................32 Judicate West ..........................................................................43 Kathryn Karcher......................................................................15

LawPay.........................................................................................34 Lawyer Referral & Information Service.....................28 Ron Stuart Mens Clothing................................................17 San Diego County Bar Foundation ...........................42 Setzer, Caplan, McMahon, Vitek....................................17 Thorsnes Litigation Services...........................................11 West Coast Resolution Group .......................................39 WestlawNext............................................................................. 5


All people deserve justice. That’s why the San Diego County Bar Foundation supports more than 40 local legal aid and public interest

the

organizations. And now is the time

Elderly

for you to help. We are asking you to please “Give An Hour” and donate the equivalent dollar amount of one

Refugees victims of

Domestic Violence

hour of your billable time. Since time is money and we know you’re busy

Children

and may not have the time to give, please consider a gift of money.

Give us your hour, your minutes,

your heart. the

Voiceless

Your contribution will help close the justice gap in San Diego. It’s as simple as going to

www.sdcbf.org

those in need of

Representation

GIVE AN

H UR

401 West A Street, Suite 1100 • San Diego, CA 92101 • 619-231-7015


BY BENITA GHURA

BOOKS

Written Works by Local Lawyers In her book Litigation-Insult to Injury: What Judges and Lawyers Know About the Legal System that You Don’t, Jane Sobel explains why the civil litigation system is failing and why it is better to seek alternative solutions. “The law is a beautiful thing, but too complicated and confusing to understand,” says Sobel. “Reasoned and well-written legal opinions should be hung in art galleries, so everyone can admire their beauty.” Sobel left traditional practice of law in 1999 to embark on an innovative enterprise. As a “Counselor-at Law,” she offers a holistic approach to legal services, exploring all legal options available to her clients from mediation to explaining contract provisions. Sobel also gives second opinions and tries to resolve disputes between clients and their attorneys. In her spare time, Sobel enjoys meditation and cooking, commenting that “all you need are quality ingredients to enjoy delicious and healthy food." Local attorney Robert Burns is a romantic at heart who last year published his autobiography, Affairs of the Heart & Soul: A Poetic Autobiography. His book spans 32 years and is a chronology of his love life. In a collection of 132 poems, Burns expresses his thoughts and feelings. Following is an excerpt from one of his favorite poems featured in his book In the Cadence of Love: For we are in the cadence of love, my Dear. Bathing in life’s sweetest season. With only happiness the heralder of tear, And our seamless future our reason. In addition to writing beautiful poetry, Burns is also an accomplished musician and likes to spend his time playing Celtic music on his guitar, whistles and bagpipes. Benita Ghura (bghura@sdcpll.org) is a Reference Librarian with the San Diego Law Library.

www.judicatewest.com Downtown Los Angeles | San Diego | San Francisco | Santa Ana | West Los Angeles


100 PERCENT CLUB 2014

SDCBA

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 2014, having 100 percent of their lawyers as members of the SDCBA.

2014

LUB

100

EN PERC T C

Andrews Lagasse Branch & Bell LLP Atkinson, Andelson, Loya, Ruud & Romo Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes Basie & Fritz Belsky & Associates Bender & Gritz Bernstein Litowitz Berger & Grossman LLP Best Best & Krieger, LLP BioMed Realty Trust, Inc. Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butterfield Schechter & Van Clief LLP Butz Dunn & DeSantis APC Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Chapin Fitzgerald LLP Christensen & Spath LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer D’Egidio Licari & Townsend LLP Del Mar Law Group, LLP Dietz, Gilmor & Chazen District Attorney’s Office Dostart Clapp & Coveney, LLP Duckor Spradling Metzger & Wynne Endeman, Lincoln, Turek & Heater, LLP English & Gloven APC Epsten Grinnell & Howell, APC Farmer Case & Fedor Fischer & Van Thiel, LLP Fox Johns Lazar Pekin & Wexler Fragomen, Del Rey, Bernsen & Loewy, LLP 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 Hahn Loeser & Parks, LLP Henderson, Caverly, Pum & Charney LLP Hiden, Rott & Oertle, LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto Judkins, Glatt & Hulme LLP Keeney, Waite & Stevens APC Kirby & McGuinn APC

44 SAN DIEGO LAWYER November/December 2014

Kirby Noonan Lance & Hoge LLP Klinedinst PC Konoske Akiyama | Brust Krause Kalfayan Benink & Slavens 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 Marks, Finch, Thornton & Baird, LLP McKenna Long & Aldridge LLP Men’s Legal Center Family Law Advocates Miller, Monson, Peshel, Polacek & Hoshaw Miranda Law Group, PC Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McFall & Trexler APLC Olins Riviere Coates and Bagula Oliva & Associates, ALC Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia & Lutz PC Pope, Berger & Williams, LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC RJS Law Rosner, Barry & Babbitt, LLP Rowe Allen Mullen LLP Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Ballard & Cauley LLP Seltzer Caplan McMahon Vitek 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 The Eclipse Group LLP Thorsnes Bartolotta McGuire 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 Yelman & Associates Zeldes Haeggquist & Eck, LLP

Sustaining Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members. PATRON

Marc D. Adelman Ezekiel E. Cortez William O. Dougherty James P. Frantz Natalie Zalina Galashty Allen D. Haynie Van E. Haynie Rhonda J. Holmes Richard A. Huver Gerald S. Mulder David B. Norris Hon. Leo S. Papas (Ret.) J. Michael Reed Todd F. Stevens Thomas J. Warwick Jr. Andrew H. Wilensky

BENEFACTOR MEMBERS

Doc Anthony Anderson III Jedd E. Bogage Alexander Isaac Dychter Douglas A. Glass Alvin M. Gomez Ajay K. Gupta Randall E. Kay Ronald E. Naves Jr. Edward F. O’Connor Carl L. Sheeler John R. Sorensen

FRIEND MEMBERS

Steven Barnes Hon. Victor E. Bianchini (Ret.) Edward V. Brennan Scott Carr Linda Cianciolo David B. Dugan Susan K. Fox William C. George Kenneth J. Gosselin Kenneth N. Greenfield Ronald Leigh Greenwald J. William Hinchy Philip P. Lindsley Marguerite C. Lorenz Antonio Maldonado Hon. William H. McAdam Jr. (Ret.) Robert E. McGinnis Peggy S. Onstott Anthony J. Passante Jr. Anne Perry Kristi E. Pfister Justin Reckers Kimberly A. Stewart Stuart H. Swett Victor Manuel Torres


PHOTO GALLERY FIFTH ANNUAL BENCH-BAR LUNCHEON Photos by Douglas Gates Photography

Attorneys and judges from our legal community gathered at the SDCBA’s annual Bench-Bar Luncheon on October 31 to engage in meaningful dialogue. Thank you to event sponsor Manuel Valdez and Manny Valdez of the Valdez Team.

L-R: Hon. Robert Longstreth, Lizzette Herrera, Thomas Rutledge, John Clifford, Bradley Weinreb, Dino Paraskevopoulos, Hon. David Berry

Hon. David Danielsen

L-R: Hon. Joan Lewis, Edward Chapin, Hon. Sharon Majors-Lewis L-R: Hon. Matthew Braner, Hon. Gale Kaneshiro, Hon. Margie Woods, Hon. Enrique Camerena

L-R: Daniel Kaplan, A. Mark Pope, Hon. Tamila Ipema

L-R: William Mize, Hon. Selena Epley, Hon. Polly Shamoon, Hon. Kathleen Lewis L-R: Henry Coker, Hon. Stephanie Sontag, Hon. Karen Crawford

L-R: Andrew Servais, Amy Simonson, Ian Friedman, Dwayne Stein

LEGAL AID SOCIETY OF SAN DIEGO HONORS GREGORY KNOLL AND DENNIS HOLZ Photos by David Seto

On September 26, several organizations and individuals honored Gregory Knoll, Executive Director of the Legal Aid Society of San Diego (LASSD) and 2013 SDCBA Service Award Winner, as well as Dennis Holz, Managing Attorney of LASSD, for their long-time service to San Diegans and the legal community.

L-R: Thomas Warwick, Hon. Lynn Schenk, Gregory Knoll, Hon. David Danielsen, Bill Sailer

L-R: Gregory Knoll, Dennis Holz, Mike Battin November/December 2014 SAN DIEGO LAWYER 45


PHOTO GALLERY JUSTICE FOR ALL CELEBRATION Photos by Sarah Austin and Gavin Meagher

Melissa Blackburn-Joniaux and Jay Jeffcoat

On October 2, the San Diego Volunteer Lawyer Program held its annual Justice For All Celebration to honor attorneys and firms who give back to local citizens. Hon. Goodwin Liu

L-R: Cathy Richardson, Amy Fitzpatrick, Heather Rosing

Russell Winslow, Michael Attanasio

L-R: Mikhail Alexseev, Hon. Cindy Davis, Peter Benzian

HOLIDAYS AROUND THE WORLD Photos by Peter Quon

The SDCBA’s Ethnic Relations & Diversity Committee hosted its annual Holidays Around the World event on November 6, where colleagues enjoyed a variety of food and conversation.

Jenah Toleno, Natalie Wilhelm

L-R: Julie Houth, Jeremy Schneider, Nallely Ocampo, Rose Kabir

L-R: Ramin Hariri, Claude Durden, Parisa Weiss, Bita Ashtari

EARL B. GILLIAM ANNUAL DINNER Photos by Ryan Montayre

The Earl B. Gilliam Bar Association hosted its 38th Annual Awards & Scholarship Dinner on November 8 where the Association awarded scholarships to the youth.

L-R: Charles Bell, Dennis Dawson, Omar Passons

L-R: Gil Cabrera, Charles Johnson, Omar Passons, Chief Shelley Zimmeman, Pastor Terrell Fletcher, Reese Jarrett Rafael Hurtado, Rob Howard

LA RAZA LAWYERS ANNUAL DINNER & GALA Photos by DiSilva Photography

Renée Galente, Edward James Olmos 46 SAN DIEGO LAWYER November/December 2014

L-R: Neha Sareen, Melissa Deleon, Angie Jae Chun

The San Diego La Raza Lawyers Association held its Annual Dinner & Gala in September which featured special keynote speaker Edward James Olmos.


Preferred Provider

INSURING LAW FIRMS ONE POLICY AT A TIME

JEFFREY CHASAN 速

MEMBER BENEFITS Whether you practice in a firm with one attorney or 100 attorneys, your firm can benefit from big savings. Put the power of your SDCBA member-

David DeRoche, SIOR, of

ship to work for you and check out the exclusive

San Diego

SDCBA member savings offered through our member benefit partners.

www.sdcba.org/benefits

Preferred Provider


Tried. True. Trusted.

Endorsed Protection designed for SDCBA members Don’t just protect your law practice — strengthen it with a complete insurance plan from the only professional liability program endorsed by San Diego County Bar Association — available exclusively through Ahern Insurance Brokerage.

Unmatched Coverage. Our comprehensive professional liability coverage includes:  Exclusive Premium Discount for SDCBA members  $50,000 Additional Defense Expenses  Free Retirement and Disability ERP options (subject to policy conditions)  Free risk management support services  Insured input on Defense Counsel selection

Continuity and Stability. AHERN has been the Endorsed Professional Liability Broker since 2001 and XL Group has insured SDCBA members since 2003.

Coverage provided by

XL Group is the global brand used by XL Group plc’s insurance subsidiaries. Coverages underwritten by the following XL Group plc insurance companies: Greenwich Insurance Company and Indian Harbor Insurance Company.

Available exclusively through

1-800-282-9786 www.AhErninSurAnCE.Com Ahern License 0C04825

San Diego Lawyer November/December 2014  

Inside this Issue: 2015 SDCBA President Richard Huver; National Association of Women Judges Conference in San Diego; Labor & Employment Law...