Contra Costa Lawyer - July 2019 Social Media & Tech Issue

Contra Costa

Lawyer Volume 32, Number 4 | July 2019

Can anyone recommend a lawyer?

I hope everything’s ok, what type of lawyer?

I used Nolo.com to do my own will.

Whatever you do, check Yelp first. There are some eye-opening lawyer reviews on there!

&

Social Media Tech

I have no idea, it’s complicated, it involves family, real estate, and a lot of money (none of which I have at the moment). I’m also wondering if I can represent myself.

I hired a lawyer for a messy situation, but it always took her at least a day to get back to me! Plus she refused to text me, who uses email let alone snail mail anymore?

I called the Contra Costa County Bar Association Lawyer Referral & Information Service and they hooked me up with a great lawyer!

925-825-5700.

Don’t overreact to market swings.

Get a second opinion.

Investors have survived market swings and corrections before. But a twinge of uncertainty may have you wondering if you should get another opinion to help confirm your wealth is in the right place. That’s why we’ve made it as easy as we can to have a complimentary, face-to-face meeting with a Financial Advisor.

Maybe you just want to know if you’re really on track for retirement or if your investments could be better aligned to your goals. Or in the process of working hard for your money, you worry you’ve overlooked some necessary steps to transfer your wealth.

Whatever’s on your mind, we’re here to listen, and we’ll help you evaluate your plan. It’s free, and there’s no obligation. Then you can decide if your wealth is getting the care it deserves.

WEALTH MANAGEMENT | INVESTMENT PLANNING | RETIREMENT

The Novak Wealth Management Group of Wells Fargo Advisors

Investment and Insurance Products: u NOT FDIC Insured u NO Bank Guarantee u MAY Lose Value Wells Fargo Advisors is a trade name used by Wells Fargo Clearing Services, LLC, Member SIPC, a registered broker-dealer and non-bank affiliate of Wells Fargo & Company. © 2015 Wells Fargo Clearing Services, LLC. All rights reserved.

97772-v1b A1952

Perry A. Novak Senior Vice President – Investments 2033 N Main St Ste 600 Walnut Creek, CA 94596 Direct: (925) 746-7278 Perry.Novak@wellsfargoadvisors.com thenovakwealthmanagementgroup.com CA Insurance # 0A79397

CAR-1018-02667

Contra Costa 2019 BOARD of DIRECTORS James Wu President Oliver Greenwood President-Elect Nicole Mills Secretary Mika Domingo Treasurer Nick Casper Past President Gina Boer David Erb David Marchiano Ericka McKenna Cary McReynolds Craig Nevin

David Pearson Dorian Peters Michael Pierson Summer Selleck Qiana Washington Rachael Zeiph

CCCBA EXECUTIVE DIRECTOR Theresa Hurley | 925.370.2548 | thurley@cccba.org CCCBA main office 925.686.6900 | www.cccba.org

Barbara Arsedo Carole Lucido

LRIS & Moderate Means Director Communications Director

Jennifer Comages Anne K. Wolf

Membership Director Education & Events Director

Emily Day

Fee Arbitration Program Director & Systems Administrator

Contra Costa Lawyer CO-EDITORS EDITORIAL BOARD Inga Miller David Arietta 925.402.2192 925.472.8000

Samantha Sepehr Ann Battin

925.287.3540 510.234-2808

BOARD LIAISON Marcus Brown Nicole Mills 925.482.8950 925.351.3171 Jaime Kissinger BOARD LIAISON 925.930.6000 Dorian Peters Perry Novak COURT LIAISON 925.746.7278 Kate Bieker Lorraine Walsh 925.957.5600 925.932.7014

DESIGN Christina Weed Carole Lucido 925.953.2920 925.370.2542

ADVERTISING R.W. Walker Co. 213.896.9210

PRINTING Modern Litho 800.456.5867

The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a year – six times online-only – by the Contra Costa County Bar Association (CCCBA), 2300 Clayton Road, Suite 520, Concord, CA 94520. Annual subscription of $25 is included in the membership dues. Periodical postage paid at Concord, CA. POSTMASTER: send address change to the Contra Costa Lawyer, 2300 Clayton Road, Suite 520, Concord, CA 94520. The Lawyer welcomes and encourages articles and letters from readers. Please send them to contracostalawyer@ cccba.org.

The CCCBA reserves the right to edit articles and letters sent in for publication. All editorial material, including editorial comment, appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the CCCBA or the Board of Directors. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.

Lawyer Volume 32, Number 4 | July 2019

The official publication of the

B A R A S S O C I A T I O N

features

Increasing Your Online Presence and Social Media I.Q. (Information Quality), by Mika Domingo. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Credibility of Social Media and its Volatile Impact in the Courtroom,

by Christopher Whang . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 One-Star or Five-Star, Why Your Online Rating May Fluctuate but Your Professional Responsibility Should Not, by Tom D’Amato. . 15 Five Ways Law Firms Can Protect Themselves From the Consequences of Cyberattacks, by Joshua Bevitz. . . . . . . . . . . . . 19 The Legal Software Tsunami, by Diane Camacho. . . . . . . . . . . . . 24 The Ethics of Cloud Computing Require Attorneys Learn or Hire, or Both, by Matthew Cody, *MCLE SELF STUDY ARTICLE . . . . . . 26

SPOTLIGHT

Spotlight on Social Responsibility: Wendel Rosen Focuses on More than Just the Law, by Donald S. Simon and Amara L. Morrison . . 29

Columns

President’s Message: Coming Soon – New CCCBA Website, Logo and More! by James Wu. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Inside: How Attorneys Practice in the Age of Instagram, Facebook and the Cloud, by David Arietta and Marcus Brown . . . . . . . . . . . 5

DEPARTMENTS 7

DIVERSITY EVENTS

14

PHOTOS: Happy Hour in Concord

17

WELCOME New Members

21

MEMBER INFORMATION SERIES 2019

22-23 PHOTOS: All Section Summer Mixer 28

PHOTOS: Graduation Time

31

sUSTAINING FIRMS

33

WHAT yOU MISSED: June Online Issue

34

INDEX OF ADVERTISERS

34 Classifieds 35-37 Calendar 38 photos: Congratulations New Judges 39

BAR FUND BENEFIT

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

3

Coming SoonNew CCCBA Website, Logo and More!

from the

President

by James Wu, CCCBA President Have you been on the Contra Costa County Bar Association’s website lately? The CCCBA’s comprehensive website has been serving our members and the public for about 23 years. As technology advances our website has become outdated and stale. In 2018, the Board of Directors started the process to revamp the website and to make better use of social media. As we focus on Social Media and Technology with this edition of the Contra Costa Lawyer, I would like to take this opportunity to provide an update on our progress.

New User-Friendly Website Our committee, led by Board Member Ericka McKenna, has vetted vendors, worked on the “wireframes” for the new website, reviewed changes to copy, analyzed animation, voted on colors, fonts, shapes, and even a new logo. We are excited that we are now having individuals from various communities testing out the preliminary functionality of the website.

Overall, the website will look and feel very different than the current website. Sometimes, “less is more” and the new website will follow 4

JULY 2019

the recent trends by having fewer words, and more white space, pictures, and links. We hope you will find that the website will be easier to navigate, and less frustrating when you are searching for a specific piece of information.

And, frankly, we hope that you will come to rely on the website for more than just signing up for events and updating your profile.

With a large-scale overhaul like the one we are going through, there are bound to be those who long for the “old” website. Rest-assured that some of the familiar parts of the current website will not change, or will only have slight alterations. For example, attorney profiles and the directory will hardly change, if at all.

We expect that the new website will “go live” for your use this Fall - so stayed glued to your desktop, laptop, tablet and smartphone. You will not want to miss exploring the new website!

New Logo This is the 85th anniversary of the founding of the CCCBA, and this November we will hold our 25th

annual MCLE Spectacular. These milestones, along with our website revamp, make it a great year for a new CCCBA logo. Like the website, the new logo will be revealed this Fall. Keep an eye open for the new logo, and new swag!

Social Media At the 2018 Installation Luncheon, and again this year, I highlighted that the CCCBA is focused on making better use of social media platforms.

To date, we are doing a better job with supplementing our weekly e-blasts with separate communications regarding our Member Benefits discounts, for example. Additionally, you may have noticed more activity on LinkedIn and Facebook. We encourage and invite all our members to follow, share, “like” and comment on the CCCBA’s posts on these and any other social media platforms.

Thank You None of this work gets done without the time, energy and generosity of our staff members (Theresa Hurley, Carole Lucido, Emily Day and Barbara Arsedo), our Website

Continued on page 6

INSIDE How Attorneys Practice in the Age of Instagram, Facebook and the Cloud

by Marcus Brown & David Arietta, Guest Editors The practice of law like most things in life is ever evolving. What we have to deal with these days is totally different from previous generations of attorneys. It is not anything we can necessarily control. It is something we need to be cognizant of and adapt to. Society is relying less on printed media (newspapers and magazines), AM/FM radio, cable TV, and landlines but instead favoring cell phones, IPads, Facebook, Instagram, and Netflix. The kids of today will be your clients and your fellow attorneys in the future. Most kids these days do not turn on the TV or the radio or even make a phone call in the traditional sense. Instead they get their news and information online, they research online, and they communicate with each other via text messaging and platforms such as Instagram and Snapchat.

What worked years ago is no longer enough. The practice of law will adapt as modern society changes.

Welcome the changes or be left behind.

Let’s look at a few areas of change in the modern law office.

How attorneys communicate and market their practice has changed.

Years ago, an attorney could rely on fancy letterhead, a nice business card and maybe do some newspaper/yellow page advertising. Fast forward to 2019. Preparing letters on letterhead and putting a stamp on the fancy envelope are just about long gone. These days everyone wants a response now. We send out email letters with a PDF attachment.

We are less likely to call our clients or opposing counsel, but are more likely to just send a text or email.

To attract new clients, attorneys are taking out ads on social media instead of taking out ads in the local newspaper. Attorneys are checking Google Analytics and the SEO (search engine optimization) results of their websites.

How clients find, contact, and select attorneys has changed. Clients still find attorneys through the classic way of asking for a referral, but once they have a name everything else that happens has changed.

When thinking of hiring an attorney, prospective clients are not only

reviewing the attorney’s website but are turning to a variety of information sources: Yelp, to see if the attorney has any positive reviews, Facebook, to see if the attorney has a firm page, LinkedIn, to see what the attorney profile looks like, and YouTube, to see what videos the attorney posted. In addition to getting familiar with the attorney before even stepping into his or her office, the client has likely also done some Internet searches on the area of law at issue. Will the attorney have a different opinion than what was posted on AVVO, Nolo, or Findlaw?

How do the blogs and articles on the attorney’s website compare to those of his or her competitors?

How attorneys express themselves has changed. Some of us still send out newsletters, email updates, oldfashioned letter updates, or write articles for a local publication. The trend, though, is going to platforms that are mobile and IPad friendly.

Let’s say you want to provide an update on employment law. The modern attorney is more apt these

Continued on page 6

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

5

How Attorneys Practice in the Age of Instagram, Facebook and the Cloud, Continued from page 5

days to make a YouTube video and link it to his or her website, Facebook and LinkedIn. The attorney may then proceed to make a podcast and write a blog on the firm website.

In this issue of the Contra Costa Lawyer we address a variety of issues facing the modern attorney and law firm. Mika Domingo discusses how the rise of social media has affected the practice of law. She breaks down the essence of forming your online presence and how to keep it under control.

Christopher Whang highlights how social media has impacted the legal system, specifically the admission of social media as evidence. He explores the considerations and limitations of trying to get social media in as evidence.

Tom D’Amato gives advice on how to handle and respond to a negative online review. We can only post a public response if we are not violating the Rules of Professional Conduct and the Business and Professions Code.

Joshua Bevitz gives us five ways to protect our law firms from cyberattacks. Attorneys can be breaching

their ethical duties and subject themselves to civil liability if they do not proactively protect themselves and their clients’ confidential data from cyberattacks.

On the law practice management side, Diane Camacho gives practical advice on what types of legal software are best for today’s law firms.

She explores what we really need, how much we should spend, how to find the perfect software, plus as a bonus, she provides a list of her favorite mobile apps.

Matthew Cody delves into the ethical issues of cloud computing.

Attorneys must understand the potential applications, limitations, and risks of using the cloud when representing clients. Take advantage of the opportunity for some ethics MCLE credit by completing the self-study quiz on cloud computing issues.

Finally, read about how CCCBA members at Wendel Rosen have achieved the firm’s green business certification and social responsibility objectives, with technology playing an essential role.

Thank you to the authors for their thoughtful contributions to this issue. Whether it’s a new app, marketing opportunities, or ethical considerations, you will learn something new and essential for your practice.

Mediator Business Litigation & dissoLutions reaL estate & ConstruCtion defeCt aCtions PersonaL injury / tort aCtions ProfessionaL LiaBiLity eMPLoyMent z insuranCe 505 Montgomery St., 11th Floor | San Francisco, CA 94111 www.windsor-plc.com | Tel: 415.874.3800 Mediation and sPeCiaL Master serviCes in CaLifornia & Hawaii

6

JULY 2019

David A. Arietta is a certified specialist in bankruptcy law with an office in Walnut Creek. He represents individuals and businesses in all aspects of bankruptcy law in chapters 7, 11 and 13.

Marcus Brown is a real estate attorney focusing on litigation and dispute resolution. His office represents investors, lenders, property managers, commercial tenants, brokers, contractors, and homeowners. He may be reached at marcus@ marcusbrownlaw.com

You handle the estate, we’ll do the contest

Wills/Estates Contests Conservatorships

Cases (except conservatorships) on contingent fee basis or hourly.

Referral fee where appropriate.

Pedder, hesseltine, walker & toth, llP oldest partnership in Contra Costa County (since 1955)

925.283-6816 • www.pedderlaw.com

3445 Golden Gate Way, Lafayette, CA 94549 aV Martindale-hubbell

From the President Continued from page 4

and Communications Committee (including Ericka McKenna, James Wu, Natasha Chee, David Erb, Oliver Greenwood, Dorian Peters, Laura Ramsey, Summer Selleck and Steve Steinberg). I know all their hard work will pay off when the new logo and website are unveiled in just a few short months!

James Wu is honored to serve as CCCBA President in 2018 & 2019.

For over 22 years, James has practiced employment law. He is a defense litigator for employers, and he also provides advice and counsel to reduce the risks of employment-related claims and lawsuits. To find out more, see www.linkedin.com/in/jamesywu.

Proudly Presents

2019 Making Diversity A Priority

Thursday, July 11: Minority Bar Coalition Summer Mixer, 6:00 - 9:00 pm, Everett & Jones BBQ, 126 Broadway, Oakland; Register at https://bit.ly/2IIxe3a Tuesday, September 10: 2nd Annual CCCBA Diversity Networking Mixer with Minority Bar Associations, 5:00-7:30 pm, JAMS, 1255 Treat Blvd., First Floor Conference Room, Walnut Creek; Register at https://bit.ly/2wnJBfz 2020 CCCBA Diversity Award – This year there are two checklists: Choose either the Solo and Two Attorney Firm or the Three or More Attorney Firm Checklist to enter (https://bit.ly/2XuBHQN) Deadline: 12-3-2019 Free MCLE Program: “Investing in the Future of Diversity: Building a Better Law Practice” presented at your convenience by members of the CCCBA Diversity Committee

Learn more: Contact Mika Domingo, CCCBA Diversity Committee Chair (925) 891-5006 mika@msdomingolaw.com

Contra Costa County Bar Association Theresa Hurley, Executive Director 2300 Clayton Road, Suite 520 Concord, CA 94520 | www.cccba.org | 925.686-6900

FEATURE

Increasing Your Online Presence Social Media I.Q.

&

(Information Quality)

By Mika Domingo According to Statista, there are over 244 million social media users in the US. Now consider that those millions of users are potential clients or referral sources. Many law firms today know that and they understand the importance of using social media to communicate their image and message to clients, prospects and colleagues. So how do we best take advantage of that vast resource? This article will review the types of social media best suited for law firms and discuss the importance of developing a consistent and integrated message.

Online Presence

Your online presence is not limited to social media as it includes your website, blogs, and referral sites.

There are dozens of social media platforms out there. Law firms must choose which ones best suit their needs and then utilize all of these forms of online media, including social media, to present a powerful and consistent image of the firm.

The center of online media is your company website. Your website has the greatest impact on presenting your firm’s image, capabilities, expertise and experience in a consistent manner. It gives you total 8

JULY 2019

control over the information you provide and can be relatively static.

Your firm website can be segmented into different parts featuring your areas of expertise, experience, professional affiliations, and personal background. A website is also a great platform to link to your firm’s other online and social media presence.

Effective Strategies for Using Online Platforms

One good strategy for marketing is known as a “push-pull” strategy and it works like this: a website relies on people visiting your site and requires a “pull” strategy to get people to visit. Social media sites, however, have components where information or communications are “pushed” out to your clients and followers.

To determine what strategies to use, think about your goals. Employ different strategies and different forms of social media depending on whether you want to generate new prospects, serve your current clients better or want to network with other professionals. If your focus is to effectively communicate to your stakeholders, you will then use social

media to generate new prospects directly from the potential pool of clients; however, if you are focused more on communicating with colleagues, LinkedIn is the platform to target the professional user. If you are looking to do all three things via education and if you communicate through a weekly blog, podcast or newsletter, then there are platforms specifically tailored to link them between your website and social media sites. Remember to hyperlink your platforms while taking care to avoid linking to personal social media sites.

Keep in mind that there are varieties of social media platforms that communicate in different methods.

Most of us are familiar with the biggest sites such as Facebook, Google, LinkedIn, Twitter, Instagram and YouTube but they are often misused. For many of us, our knowledge of these sites stems from using these platforms for personal use and so it is important to keep professional and personal sites separate. For example, if you have a personal Facebook page for friends and family and one for your firm, think carefully about whether they should be entirely separate. If you want to keep them separate,

remember not to use your personal site to “like” your professional site.

The nature of the social media you use should also be tailored to the type of clients you want to serve.

Compare the different types of social/online media you currently use and how you use it. How often do you visit your sites? Daily?

Weekly? Monthly? More importantly, how often does your target audience use the various sites? Next ask yourself, how do you use your social and online media platforms?

Eliminate platforms that you do not support or find a way to devote more resources to them. All of these platforms require clients and prospects to follow you or visit your sites. This means your presence on the platform is a type of marketing and there has to be a compelling reason for them your followers to visit and revisit.

Different Types of Online Platforms and Social Media

There are various types of online platforms. Depending on the type of services you provide and the type of client, not all platforms will be suitable for your business. Determine which online platforms you want to support and understand how you will be using them.

For law firms, networking sites such as LinkedIn and Facebook are useful for prospecting, supporting clients

and networking with other professionals. SMS, text messaging or messenger are useful for communicating quickly with clients. Collaboration sites are useful for sharing and working on documents, spreadsheets and presentations. They can also be used to share documents with a client or to share a document for a conference call.

Webinars are another popular way to generate leads. You can focus your webinar on a particular topic that not only educates people (potential clients or fellow colleagues) but also starts to set you apart as particularly knowledgeable about that field. For example, a webinar could be offered for prospective clients that want to know how new federal tax laws may impact trusts. Podcasts are another format where prospective or current clients can view a stored video presentation or listen to a recorded presentation about current or trending topics. The podcast can be stored on your YouTube channel to avoid using up a lot of storage on your website and allow for better streaming service.

Blogging is another format in getting your views or your expertise presented and the blogs can be configured to get feedback and comments. Twitter is a form of “microblogging” where the messages are limited in the number of characters per message.

Candice E. Stoddard Personal Injury Real Estate Litigation Trust and Estate Disputes Mediation

n

Law Offices of Candice E. Stoddard 1350 Treat Blvd., Suite 420 Walnut Creek, CA 94597

925.942.5100 • fax 925.933.3801 cstoddard@stoddardlaw.com Practicing law in the East Bay for over 30 years

Keeping Up

Regardless of the number of platforms you use, they need to be kept current and fresh. For example, blogs often display the date they were updated. When you visit a blog and find that it has not been updated for several weeks or several months, that date sends a message about the site and contents, especially if there have been major recent developments. Your clients and prospects may follow your sites and if you fail to update them, including your website, they will stop visiting.

To make the maintenance of your social media sites more manageable, consider using an app like Hootsuite that allows you to schedule your posts for social media in advance and also gives you a dashboard to see what’s going on with all of your social media accounts all in one place, or hiring a social media intern to run your sites, keep them current with content that your creat, and alert you if someone has given feedback that requires a response or action.

You should also review your sites at least on a quarterly basis to see if they are in sync with your firm’s objectives. If you want to focus on a set of prospects and your sites are getting responses from a different set, review the messaging. Perform a periodic review of your sites and get feedback on appearance, consistency, relevancy and value. Ask some close colleagues to give you honest feedback.

Social media is ever changing. The most popular social media platforms now allow you to post videos and photos. Bandwidth has increased and storage has become cheaper. In the next few years, 5G (5th Generation) wireless technology will become the standard. Besides giving us more speed (100 times faster), it will enable newer technology to hit the mainstream such as self-driving

Continued on page 10

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

9

Increasing Your Online Presence Continued from page 9 cars, virtual reality, and more extensive use of video.

In the past, using online and social media may have had little impact on a law firm’s practice. Today, it is vital that you use them to augment your firm’s abilities to attract new clients, support your existing ones and to validate your firm’s vision

and direction. Remember to align, refresh and review your online platforms.

Mika Domingo, Founder of M.S. Domingo Law Group, P.C., represents clients in Northern and Southern California in Estate Planning, Trust and Estate Administration and Litigation, Probate and Auto Injury. She is passionate

about driving change within the legal community, having served on the State Bar of California’s Committee of Bar Examiners, and currently serves as Contra Costa County Bar Association’s Board Treasurer, Chair of CCCBA’s Diversity Committee, Co-Chair of California Women Lawyers’ Judicial Evaluations Committee, Board Director for Women Lawyers of Alameda County and one of CCCBA’s delegates for the California Conference of Bar Delegates. She enjoys guest lecturing and is an Adjunct Professor at John F. Kennedy University College of Law and San Francisco Law School.

TRUSTS COLLECTED

QUICKER THAN A COURT REPORTER TYPING

Brillant Law can help you with probate, estate planning, trust and real estate litigation, as well as business and real estate law.

CALL TODAY AT 925.274.1400 | BRILLANTLAW.COM

Probate Estate Pla n ni ng Tr ust Lit igat ion Rea l Estate Lit igat ion Civ i l Lit igat ion Busi ness L aw Rea l Estate L aw

10

JULY 2019

FEATURE

Credibility of Social Media and its Volatile Impact in the Courtroom

By Christopher Whang In modern society, social media has taken over our lives. Beginning in 2003, social media has become the main source of communication, news, and interaction for our society, according to Jason Riddle in an article for the Arkansas Journal of Social Change and Public Service.1 A recent study by the Pew Research Center found that 64.5 percent of the 2.4 billion internet users “receive breaking news from Facebook, Twitter, YouTube, Snapchat, and Instagram instead of traditional media.”2 The numbers continue to rise. The Global Digital Report 2019 by Hootsuite and WeAreSocial showed a 9 percent increase year-on-year of social media users worldwide, with a current total of 3.484 billion users3. We are living in a social media world.

It is impossible to ignore social media’s impact on the legal system, specifically regarding admittance as evidence. According to Leslie Ellis, in Friend or Foe? Social Media, the Jury and You, many litigators have begun asking jurors, during voir dire, to disclose social media posts.4 This phenomenon has not gone unno-

ticed in the judicial process. In a 2014 decision by the United States District Court, Central District of California, the Court ruled a Facebook screenshot as inadmissible when the defendant attempting to admit the screenshot failed to provide supporting circumstantial information.5 The courts have acknowledged the immense power of social media and its need to be checked, reviewed, and properly managed before being admitted into trial as evidence that may potentially affect lives or businesses.

Social media has the ability to deceive, and the most recent U.S. election is a quintessential example.

In Sam Sanders’ NPR article, Did Social Media Ruin Election 2016?, Todd Grossman, CEO of Talkwalker Americas stated, “Social media may have played a role in creating a kind of scandal-driven, as opposed to issue-driven, campaign, where topics such as Trump’s attitude towards women, Trump’s tax returns and Clinton’s emails have tended to dominate discussion as opposed to actual policy issues.”6 Sanders adds, “So, if Twitter is

a bunch of Post-it notes thrown on the ground, we now have to consider which of these notes are even real.”7 This is a key example of how social media has not only flooded the world with information, but drowned it in potentially misleading and fake news.

What is more alarming is society’s blind belief in false evidence. In her article for Miappi.com, Lauren Askew points out, “the same sensationalism that makes gossip go from one neighbor to the next, until the whole village knows, makes fake news travel the world in a matter of minutes.”8 Remember the massive false rumor that alleged Hillary Clinton and her top aides ran a child-trafficking ring out of a Washington pizza parlor. On December 2016, Gregor Aisch, Jon Huang and Cecilia Kang wrote Dissecting the #PizzaGate Conspiracy Theories for the New York Times. The rumor, dubbed #PizzaGate, snowballed from fake news articles emerging on Twitter and Facebook. According to the article, “Tens of thousands of

Continued on page 12

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

11

Credibility of Social Media Continued from page 11

individuals subscribed to message boards, feeding into theories with fake news reports and crowd-driven detective work.”9 Responsiveness to social media is a powerful yet alarming phenomenon.

Given the volatile nature of social media, the biggest issue regarding social media and the legal system is hearsay. California Code of Evidence Section 1200(a) defines hearsay as “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.” Most of all social media used in court is exactly that: hearsay. Social media evidence used in court typically involves an individual or a group of people talking in a group messaging app, posting a photo of an event, or updating a status, which are later used to prove the truth of a matter without being present in the court. However, attorneys, as well as the courts, are finding social media evidence admissible under numerous hearsay exceptions. In the 2011 criminal case, People v. Oyerinde, the defendant’s Facebook messages were used to convict him of a first-degree murder.10 The prosecutor argued that these Facebook messages were “party admissions,” and the court upheld this argument.11 According to Denise G. Callahan, in her article Social Media Posts Admissible in Court, in 2011, a Butler County prosecutor provided Facebook images of 18-year-old Lance Tiernan, accused of murder, wearing a “T-shirt with brass knuckles and a notation on his page that he ‘likes’ the movie ‘Fight Club,’” as evidence that the defendant had a “tendency” for violence.12 Josh Gilliland in his article The Admissibility of Social Media Evidence, found that attorneys are beginning to argue that Tweets 12

JULY 2019

are admissible under the “state of mind” exception, and checking in to locations on Foursquare or Yelp falls under the “present sense impressions”exception.13 The danger here is the prejudice that hearsay social media introduces to the trier of facts. Because social media is a new frontier, the law surrounding its admittance as evidence is shallow, and it may be the reason that hearsay exceptions have so easily admitted possibly prejudicial social media evidence.

John Gillilan quotes Ohio Supreme Court Justice Judith Lanzinger, who stated that the “courts are in the ‘wild, wild west’ in terms of dealing with new technology.”14 Justice Lanzinger acknowledges that there is “great risk that social media can be used purely for prejudicial, and arguably irrelevant, reasons in litigation.”15 However, just like all other evidence admitted in court,

Elder Law is

the probative value must outweigh the potential prejudice. Simply because the law surrounding admitting social media as evidence is shallow, we, as officers of the court, cannot abuse the rule. We need to provide guidance and discipline in this new area of law. It requires our diligence and practice to shape the procedures allowing admittance.

The law as it stands now is volatile.

According to Denise G. Callahan, the defense attorney in the Butler County Lance Tiernan criminal case found that if Tiernan simply denied the credibility of the social media photos and messages, the evidence would not have been allowed.16 We must push the courts to be stringent on admitting this type of evidence.

Continuing education needs to be provided to attorneys in this new area of law to prepare them. Ultimately, we must strive to use our discipline and practice to shape the path for the inevitable storm of

The average survival rate is eight years after being diagnosed with Alzheimer’s — some live as few as three years after diagnosis, while others live as long as 20. Most people with Alzheimer’s don’t die from the disease itself, but from pneumonia, a urinary tract infection or complications from a fall.

Until there’s a cure, people with the disease will need caregiving and legal advice. According to the Alzheimer’s Association, 10% of the population age 65 and older has Alzheimer’s disease. Of the 5.5 million people living in the U.S. with Alzheimer’s disease, the majority live at home — often receiving care from family members.

Protect your loved ones, home and independence, call elder law attorney

LAW OFFICES OF MICHAEL J. YOUNG, INC.,

Alzheimer’s Planning

a Professional Law Corporation Estate Planning, Asset Protection, Medi-Cal, Long-term Care & VA Planning

925.256.0298 lawyoung1@gmail.com www.WalnutCreekElderLaw.com 1931 San Miguel Drive, Suite 220 Walnut Creek, California 94596

social media that is impacting every facet of our modern society. The great Jon Snow once said, “In battle, discipline beats numbers nine times of every ten.�

Chris Whang has been a member of the State Bar of California since 2017. He currently handles insurance coverage matters and insurance litigation cases.

With experience in all phases of civil litigation in both state and federal courts, he has experience advising clients in contracts, policy, and litigation matters. Mr. Whang worked in various civil defense litigation firms, developing himself into a zealous and aggressive litigator. Prior to practicing civil litigation, he worked as a criminal defense attorney at various public defender offices across the Bay Area and in Sacramento, advocating on behalf of underprivileged clients.

1. Riddle, Jason, All Too Easy: Spreading Information Through Social Media, The Arkansas Journal of Social Change and Public Service, Mar. 1, 2017. ttps://ualr.edu/socialchange/2017/03/01/blog-riddle-social-media/ 2. Matsa, Katerina E. and Shearer, Elisa, Social Media Sites as Pathways to News, Pew Research Center Journalism & Media, https://www. journalism.org/2018/09/10/news-use-acrosssocial-media-platforms-2018/pj_2018-09-10_social-media-news_0-03/, Sept. 18, 2018.

3. Kemp, Simon, Essential Insights into how People Around the World Use the Internet, Mobile Devises, Social Media, and E-Commerce, Global Digital Report 2019, Hootsuite, https://p. widencdn.net/kqy7ii/Digital2019-Report-en.

4. Ellis, Leslie, Trial Graphix, Friend or Foe? Social Media, the Jury and You, The Jury Expert September 26, 2011

9. Aisch, Gregor, Huang, Jon, Kang, Cecilia, Dissecting the #PizzaGate Conspiracy Theories, New York Times, December 2016.

10. People v. Oyerinde (2011) Mich.Ct.App. 26.

11. Id. 12. Callahan, Denise, G., Social Media Posts Admissible in Court, Journal-New, Oct. 8, 2012.

13.Gilliland, Josh, The Admissibility of Social Media Evidence, Litigation News, Analysis, and Publications from the ABA Section of Litigation, Winter 2013 14. Id. at fn. 13.

15. Id at fn. 12.

16. Id. at fn. 15.

5. Moroccanoil v. Marc Anthony Cosmetics, (2014) 57 F.Supp.3d 1204.

6. Sanders, Sam, Did Social Media Ruin Election 2016?, National Public Radio, Inc. Politics, Nov. 8, 2016.

7. Id. 8. Askew, Lauren, Can We Trust Social Media as a News Source?, Miappi, Mar. 1, 2018.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

13

Happy Hour in Concord

On May 22, law students and professionals from the CCCBA came out to celebrate the end of the school year and one of the season’s first warm days.

Dorian Peters, Amrieka Takhar, Lisa Hutton, Nicole Mills, Connstance Holdaway, Dean Barbieri, Jennifer Spalding and Manija Basherey

Steven Schmitz; Lawrence Strauss and Mike Spencer; Suzanne Boucher and David Pearson

14

JULY 2019

FEATURE

One-Star or Five-Star, Why Your Online Rating May Fluctuate

but Your Professional Responsibility Should Not

By Tom D’Amato

Hailed by some as a landmark decision for free speech on the internet, the California Supreme Court in Hassell v. Bird (2018) 5 Cal.5th 522 found that Yelp could not be judicially ordered to remove negative, even defamatory, online reviews.

Facebook, Microsoft and Twitter argued in their amicus letter that online communities “are instrumental in how modern society communicates.” Eric Goldman, an expert on technology and marketing law at Santa Clara University, was quoted in the Los Angeles Times saying that Hassell “has gotten the attention of everyone who’s anyone in the user-generated content space.” Aaron Schur, Deputy General Counsel for Yelp, claimed the case “threatened the rights of online platforms that allow people to freely share their thoughts and the billions of people that do so.”

What was it, however, that set the stage for defenders of free speech to claim a victory of this magnitude?

The answer: one online complaint by one disgruntled client against one San Francisco based personal injury attorney. Yelp and other online platforms, such as Google reviews and Avvo, are available to anyone with internet access to provide a forum for reviews and ratings of lawyers and law firms. In

2016, a Pew Research Center study concluded that 82 percent of American adults say they sometimes or always read online reviews for new purchases and more than two-thirds of regular review readers believe that the reviews are “generally accurate.” The Forbes Agency Council concluded that customer reviews are among consumers’ most trusted ways to vet a product or service, with 84 percent of their study respondents saying they trust online reviews as much as they do personal recommendations. Consumer research also indicates that negative reviews, in particular, dramatically influence buying behavior. There is reason to believe that consumer behavior for non-legal products and services is applicable to the very competitive market for legal services. In fact, a whitepaper by Avvo found that 95 percent of legal consumers say online reviews matter in helping decide who to hire, and nearly half of legal consumers say reviews are “very important.”

In the case of Dawn Hassell, there were early warning signs in her representation of Ava Bird which lead her firm to withdraw in the first 25 days. Several months later, the client posted a one-star review of Ms. Hassell’s law firm on Yelp.

Ms. Bird’s review claimed that Ms. Hassell’s representation “made a bad situation much worse,” opined that Ms. Hassell had a “lack of work ethic,” appeared to disclose confidential attorney client communications and warned readers to “STEER CLEAR OF THIS LAW FIRM.” Given what we know about the potential impact of negative online reviews, it is not unreasonable that attorney Hassell wanted to take action. What if, instead of filing a defamation lawsuit, the negatively reviewed lawyer took to the internet herself to post a public response to the client review?

Generally, an attorney is not ethically barred from responding to an online review by a former client. Ethics opinions from the Los Angeles County Bar Association (“LACBA”) and the Bar Association of San Francisco (“BASF”) concluded under circumstances analogous to the Hassell case that an attorney may publicly respond to an online review from a former client.

(See LACBA Ethics Opinion No. 525 and BASF Ethics Opinion 2014-1.)

In reaching its opinion in 2012, the LACBA did not distinguish between responding to a former client’s negative review pertaining to a concluded matter and a nega-

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

15

One-Star or Five-Star Continued from page 15

tive review pertaining to an ongoing matter. The opinion of the BASF did, however, contemplate a negative review by a former client pertaining to an open matter. In its opinion, the BASF cautioned if the matter “has not concluded, a response, even one that does not disclose any confidential information, may be inappropriate.” After the conclusion of the attorney-client relationship, an attorney continues to owe a residual duty of loyalty to a former client, which is narrow in scope. The lawyer may not act in any manner that will injure the former client with respect to the matter involved in the prior representation. (See ex. Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Certainly, one can foresee that an attorney’s public response to a negative review about a prior representation in an ongoing matter could injure the former client.

Whether the former client’s matter is concluded or not, in the absence of a waiver of confidentiality in Business & Professions Code section 6068(e)(1) and Rules of Professional Conduct, Rule 1.6, an attorney may not disclose any confidential information in responding to the review. A lawyer’s duty of confidentiality survives the conclusion of the attorney-client relationship.

(See ex. Wutchumna Water Co. v.

Bailey (1963) 216 Ca. 564, 571; see also General Dynamics Corp. v. Superior Ct. (1994) 7 Cal.4th 1164, 1190 (“Except in those rare instances when disclosure is explicitly permitted or mandated by an ethics code provision or statute, it is never the business of the lawyer to disclose publicly the secrets of the client.”)

If a response is otherwise permitted, an ethical lawyer would be wise to show restraint and narrowly tailor their response to the specific issues raised by the negative review. Information that is irrelevant or disclosure for the purpose of harassing

or embarrassing a former client, even where there is a waiver of confidentiality, may subject an attorney to discipline. (See Dixon v. State Bar (1982) 32 Cal.3d 728, 735.) Of course, when making any communication concerning a lawyer’s services, a lawyer shall not make any false or misleading statements. (See RPC 7.1(a).)

In sum, an attorney may generally respond to a former client’s internet post about a closed matter if the attorney’s response (1) does not reveal any client confidences, (2) does not injure the former client in a matter involving the attorney’s former representation, (3) is narrowly tailored and (4) is not false or misleading.

Tom D’Amato is a Certified Specialist in Legal Malpractice Law and the lead trial lawyer at D’Amato Law Corporation, a business and litigation firm based in his hometown of Orinda, California. See https:// www.damatolawcorp. com/. Chief among his areas of practice are legal malpractice, ethics and fee disputes. In addition to his work in the trial courts, Tom represents clients in disciplinary proceedings and administrative hearings.

Thinking of

Conservatorships? think

Matt Toth as in:

Pedder, hesseltine, Walker & Toth, LLP oldest partnership in Contra Costa County (since 1955)

925.283-6816 • www.pedderlaw.com

3445 Golden Gate Way, Lafayette, CA 94549 AV Martindale-hubbell

16

JULY 2019

New Members of the

BAR

Congratulations these new CCCBA joined between 17, 2019. Please share your

and welcome to members who February 1 and June welcome thme and

New Members of the BAR

Congratulations and welcome to these new CCCBA members who joined between February 1 and June 17, 2019. Please welcome them and share your favorite benefits of membership.

Nicholau Adams Kimberly Allen Jim Baca Amir Beg Erica Bertorello Alexander Bowman John Clark Donald Davidson Yuvanna Davis Thomas Del Monte Shannon Edelstone Samuel Francis Michelle Gearheart Alycia Gomez Nevine Guillen Lindsey Harms Kristina Johnson Brittany Jones Burt Jones Madison Juschin John Kirkham Lori Komshian Amer Lakhani Donald Lancaster Noel Lawrence Michael Lipzen R. Terese May Rhonda McKinnon

Dante Miranda Monica Nemec Justice Ojo Carlos Palma Carla Passero Tomislav Peraic Justin Price Christi Raimondi Martha Rivas Marika Rothfeld Sabrina Rucker Andrea Russi Philip Salcido Gary Sanders Lei Kim Sawyer Pamela Shafer Kathleen Siemont Sandeep Singh David Soule Henry Su Carter Sullivan Brian Triplett Karim Troost Mark Unger Zain Yoonas Ayana Young Dennis Young

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

17

LAWPAY IS FIVE STAR! LawPay has been an essential partner in our firm’s growth over the past few years. I have reviewed several other merchant processors and no one comes close to the ease of use, quality customer receipts, outstanding customer service and competitive pricing like LawPay has.

— Law Office of Robert David Malove Trusted by more than 35,000 firms and verified ‘5-Star’ rating on

Invoice Payment Payment Detail Thank you for your prompt payment.

Amount $ 1,200.00 Invoice Number 123-a Matter Number 01832

THE #1 PAYMENT SOLUTION FOR LAW FIRMS

Card Information Card Number

CVV

**** **** **** 5555

Getting paid should be the easiest part of your job, and

111

PAY LAWYER

with LawPay, it is! However you run your firm, LawPay's flexible, easy-to-use system can work for you. Designed specifically for the legal industry, your earned/unearned fees are properly separated and your IOLTA is always protected against third-party debiting. Give your firm,

Now accept check payments online at 0% and only $2 per transaction!

and your clients, the benefit of easy online payments with LawPay.

866-500-2832 or visit lawpay.com/cccba LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA and Citizens Bank, N.A., Providence, RI.

Proud Member Benefit Provider

FEATURE

Five Ways Law Firms Can Protect Themselves from the Consequences of Cyberattacks

By Joshua Bevitz

The frequency of cyberattacks on law offices will likely increase because of the confidential and valuable data that attorneys store in electronic client files. In conjunction with the American Bar Association’s (“ABA”) Formal Opinion 483, this article details five proactive steps law firms should take.

ABA Formal Opinion 483 clarifies attorneys’ obligations to prepare for cyberattacks, to safeguard information provided to them, and to respond appropriately if an attack occurs. Formal Opinion 483 states: “Lawyers must employ reasonable efforts to monitor the technology and office resources connected to the internet, external data sources, and external vendors providing services relating to data and the use of data.” In other words, attorneys must secure their electronic files.

While ABA rules are not technically binding on attorneys, states will likely issue similar rules, and practitioners should be prepared to follow these regulations.

1. Ensure Reasonable Computer Protection Systems Are In Place Model Rule 1.1 states: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the repre-

sentation.” Comment 8 to Rule 1.1 reads, “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.”

Every law firm should have current technology protecting its computer systems, including office resources connected to the internet, and as well as external data sources. A firm’s IT department should perform periodic, regular reviews to determine whether additional protections are warranted and whether the current security system is “reasonable.” In addition, the IT department should monitor whether patching existing protections is necessary based on newly developed cyberattacks. At least one technically-competent partner should be assigned as the liaison to the IT department to ensure its responsibilities are being met. If a law firm does not have an IT department, an outside cybersecurity firm should be consulted and retained.

2. Train and Test Your Attorneys and Staff Most successful cyberattacks are

Continued on page 20 CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

19

Protecting Law Firms from Cyber Attacks Continued from

page 19

the result of human error and not a frontal breach of a computer system.

In other words, a user gets tricked into clicking a link that results in a virus or other attacking agent obtaining access to the system. As a result, all users should be regularly trained regarding what types of cyberattack vectors exist, and what attackers try to do to trick users.

However, law firms should take matters a step further and conduct fake phishing campaigns to test their employees. Numerous thirdparty cyber companies can provide this service if a firm does not have internal resources to do so. Trial by error is often the best way to learn.

3. Ensure Third Party Vendors Have Reasonable Cyber Protection Systems in Place Importantly, law firms should ensure that external vendors have reasonable security protections in place to protect the data provided to them. If a vendor does not have reasonable protections, the vendor must be required to implement such protections immediately or the firm should retain another vendor that does provide such protection.

Law firms can be held responsible to their clients if they do ensure vendor security exists. One proven approach for law firms is to contractually require vendors to adhere to a specific cybersecurity framework and to provide the law firm the right to audit them.

4. Limit the Amount of Time Client Files Are Retained The longer a law firm retains its electronic files, the longer those files are

20

JULY 2019

susceptible to being attacked. Every law firm should have a written document retention policy, which should be followed and monitored, that applies to both hard and electronic copies of files and documents.

The amount of time client files are retained after the conclusion of a matter should be limited as agreed to as part of the initial engagement agreement.

5. Know How to Respond Law firms should have a plan in place to deal with cyberattacks when they happen. Having an effective, comprehensive plan will allow a firm to halt the attack and minimize any damage and disruption as soon as possible after the attack becomes known. The plan should specify each step that takes place and who is responsible for taking it. Highlevel partners should be assigned to the response team to provide leadership and permit executive decision making to occur quickly.

One of the key steps in the response plan should include discovering what occurred and whether client data was compromised. This step is vitally important so that law firms can notify clients in a timely fashion, if their data was taken or destroyed. The notification should be sufficiently detailed so that the client can decide what next steps, if any, should be taken as a result of the attack. Law firms should also make sure they notify clients of any efforts to recover data and what additional protections, if any, are being put into place.

Failing to take the five steps outlined above could not only result in the breach of an attorney’s ethical duties, but it could also lead to civil liability. Law firms must proactively protect themselves and

their clients’ confidential data from cyberattacks.

Joshua Bevitz is a partner in Newmeyer & Dillion’s Walnut Creek office, and a member of the firm’s Privacy & Data Security practice. As an experienced insurance litigator, he advises his clients on proactive measures and potential pitfalls related to their cyber insurance policies. For questions on how you can protect your business, you can reach him at joshua. bevitz@ndlf.com.

Bruce Hahn Specializing in Valuations for: • Estate & Gift Purposes • Family Law • Diminution in Market Value • Dispute Resolution

Bruce Hahn, MAI, SRA Real Estate Asset Analyst Real Estate Broker 01118298 Certified General Real Estate Appraiser AG004370

www.brucehahn.com

(925) 932-4044

1. Maximizing Your Social Security Benefits Wednesday, June 26 | Noon - 1:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included

2019 Member

Information Series

No MCLE credits here, just some great information for you, our members.

Fee for each presentation: $15 for CCCBA members $20 for non-members Register online at www.cccba.org/attorney/calendar or contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org.

2. Student Loan Debt Repayment Strategies Thursday, July 11 | 6:00 pm - 7:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Dinner included Student Debt Now: What do I do?

Student Debt Soon: How to make it a good idea!

Consolidation? Forgiveness? Refinance?

Come learn strategies around: • What repayment program is right for me?

• Purchase a home or attack the debt?

• The impact of skipping retirement contributions • What are the most efficient ways to save money for the future?

Presented by: Jimmy Diehl, MBA,CFBS®, RICP®, AIF® The Furstner Group T 925.979.2308 www.furstnergroup.com

4. The A, B, C’s and D of Turning 65 Wednesday, July 31 | Noon - 1:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included Get familiar with the alphabet soup of turning 65 and how to plan for the transition to Medicare and a Medicare supplement. Key points include Medicare Part A and B, eligibility for a Medicare supplement, types of supplements, prescription drug plans, timelines, open-enrollment, travel limitations, options for spouses under age 65 and tips related to transitioning. Examples will show options for remaining on a company-provided insurance plan or moving to Medicare and a supplement.Presented by: Presented by: Colleen Callahan CLU, CASL, LUTCF Colleen Callahan Insurance Services 101 Gregory Lane, Suite 32 Pleasant Hill, CA 94523 T 925.363.5433 www.callahaninsurance.com

Most of us are paying into Social Security but know little about how to utilize our benefits, which can be worth over $1 million for a couple retiring today. The most commonly used strategy of starting benefits at age 62 may not be optimal. Yet, misperceptions about the program often lead people to make that choice.

Learn to avoid mistakes, to maximize your benefits and optimize your timing. Find out about the three streams of Social Security benefits.

Presented by: Michelle Soto, CFP®, CDFA™ T 415.781.8535 www.BOSINVEST.com

3. Navigating Life Transitions with a Care Manager Tuesday, July 16 | Noon - 1:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included Are you currently overwhelmed with or just looking ahead to life transitions? Working with a Care Manager might be right for you and your family. With a Care Manager, you remain the captain of the ship…and every good captain needs a skilled navigator or coach. Aging Life Care Managers act as family coaches and navigators to help older adults and their families get the best care.

In this program you will come to understand how Care Managers can allow you to have the life you’ve envisioned as things change on your aging journey and how you can help your family members do the same.

Presented by: Linda Fodrini-Johnson, MA, MFT, CMC Eldercare Services 1808 Tice Valley Blvd., Walnut Creek, CA 94595 T 866.760.1808

5. Applied Mindfulness and Meditation for Legal Professionals Tuesday, August 13 |12:30 pm -2:00 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included Is your mind constantly going at 150 mph? Do you find yourself wasting precious time on thinking about the past or worrying about the future? Do you struggle to keep your attention on a task?

Are you always multitasking, unable to focus? Is stress or anxiety keeping you from doing your best work? Mindfulness and meditation practice is the key to increasing focus and productivity! In this interactive workshop, you’ll learn: • Tools for stress and anxiety management • Understanding the stress response • Methods to decrease distraction and increase productivity • Mindfulness practices you can use everyday • Increasing awareness and noticing when you’re distracted Presented by: Jeena Cho, Lawyer, Author, Mindfulness Instructor

All Section Summer Mixer On June 13, the CCCBA Barrister’s Section hosted its annual All Section Summer Mixer on the Plaza at the CCCBA office in Concord. It was the sixth game of the Warriors playoff, and all eyes were watching! CCCBA members mixed and mingled with each other, pro bono partners and sponsors of the event.

Left, Brittany Hendrix-Smith and Rebecca Jones

Probono Partners Right, Verna Haas of Senior Legal Services,

Palvir Shoker of the Congress of Neutrals, Below right, Bob Salgado and David Fleisig of CASA of Contra Costa County with Lorena Harrell; Sarah Williams of Rubicon Programs; Nancy Schiff, Executive Director of the Center for Youth Development Through Law (the recipient of the Bar Fund Benefit this year)

22

JULY 2019

Clockwise from Top Left: Benisa Berry and Nicole Mills Theresa Hurley, Carolyn Cain, James Wu, Mika Domingo and Steve Steinberg Alexander Golovetz and Sandeep Singh Ericka McKenna and Matt Talbot Loren Emmanuel and Harry Gilbert Fans watching the Warriors!

Mukesh Advani

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

23

FEATURE

The Legal Software Tsunami

By Diane Camacho

Where We Stand

What We Need

There has been a deluge of legal, cloud-based software over the past five years. Lawyers are becoming comfortable with cloud computing, understand more about cloud security and appreciate the benefits of true mobility. Subscription-based models also make most software affordable and available even for small firms or solo practitioners. Another factor is the superior marketing efforts of software companies. They understand the value of the legal market and want a piece. Just two basic Google searches return hits like these:

Let’s stop for a minute and really consider what we must have, what we should have and what would be great to have.

• Legal Practice Management Software: 237,000,000 results • Legal Research Software: 484,000,000 results Lawyerist.com compares 28 practice management software products.

There is big money in law firm software. According to LawGeex, more than $1 billion was invested in legal tech in 2018. More money was invested in AI- (Artificial Intelligence) focused legal software in 2018 than in all legal software in 2017. This means we have an overwhelming number of companies telling us what we must have to be successful.

24

JULY 2019

We must have: 1. Software to craft our documents [Word or Google Docs depending on clients] 2. A place to save our documents [OneDrive, NetDocuments, Secure Server] 3. Time and billing software [PM (Practice Management) software, Bill4Time, Tabs] 4. A calendar [Outlook or Google Calendar] 5. A contact database [Central Firm Outlook Contacts or PM Software] 6. A research database [depends on practice area – something cloud based] 7. Bookkeeping software [QuickBooks or Freshbooks] 8. Security for our firm and client data [Dual Sign-on, updated security software] 9. A backup process [something like Datto Cloud Backup] 10. PDF conversion software [Adobe, pdfPro]

What we should have: 11. A way to track our commit-

ments [PM software, Asana, BaseCamp, WorkFront] 12. Document automation [FormTool, Pathagoras, Word Templates] 13. Specialized practice software [Calendarrules.com, Dissomaster, etc.]

14. Ability to smoothly and securely work anywhere [cloud-based software, VPN]

What would be great to have: 15. Contact management software [Lexicata, PM Software] 16. Customized macros [LawSuite, Crowther Macro Systems] 17. A way to enter information in one place and have it filter to all programs [PM] 18. Project management and collaboration software [RedBooth, Monday.com] 19. An internal communication tool [Slack, WebEx Teams, Outlook Teams] It is impossible to create one product that would do all of these things or even the first ten things well. Practice management software is attempting to handle as many of these tasks as possible and/or integrate with software that can do it all. None of them are hitting it out of the ballpark, so don’t worry about rushing up to bat.

How Much We Spend There are different ways to look at IT spending (“spend”). I use all the software in 1-10 above except research software. I am completely cloud based and can work anywhere.

I look at IT spend in two ways: percentage of gross income and/or how many billable hours it takes to pay for it. I run my consulting company much like a small law firm by tracking hours and billing monthly.

• In 2018, my annual technology spend was 4.7 percent of my gross earnings.

• I worked 43 hours to pay my technology expense last year.

Look at your income and expenses for last year and do one of these two calculations – or both.

Ask yourself if you can save time by spending more on IT. If you decide that you can spend more on IT or you can spend your IT dollars more wisely, try following these steps: 1. If you aren’t using the most current version of your software, update it or look to make a change if you are unhappy. A hint that your software is old is that you have the CD for it.

2. If you aren’t on at least

3.

4.

5.

6.

7.

8.

Windows 10, buy a new computer with an SSD hard drive and Windows 10 Professional.

If you aren’t backing up your financial data and client documents in the cloud, do it.

If you (or our staff) don’t have a way to scan documents at your desk, get desktop scanners.

Work your way through getting the items 1 – 10 above.

Make a list of what you do repetitively that takes time or is irritating.

Make a list of your IT frustrations.

Make an IT wish list.

Note: nothing above says, “buy practice management software.” If you don’t have practice management software, work your way through the list above before you start looking. You will have a better idea of what you need, which software needs to integrate with what, and you will have questions to ask based on 6, 7 and 8.

The Search It is true: The longer you wait, the better the software becomes. You may not remember when Microsoft made a huge pitch to the legal community to buy Word. Firms jumped on board. However, Word didn’t have a way of doing Tables of Authorities, and their outline feature was horrible. This wasn’t discussed before the software rolled-

MERGERS &

ACQUISITIONS

HUBERT LENCZOWSKI 1615 Bonanza Street #212 Walnut Creek, CA 94596 (925) 280-7788 hubert@lenczowskilaw.com www.lenczowskilaw.com

Attorney At Law A Professional Corporation

Planning Exits and Growth Acquisition for Business Owners

out. Those of us in small firms using WordPerfect smiled. . . for a few years at least.

With cloud-based software, changes and fixes happen all the time.

When you decide you need to purchase new software: 1. Know your needs and wants before you start to look. Start with 6, 7 and 8 above and look for software that handles some or most of these things.

2. Ask Google first: “Does Clio integrate with Gmail?”

3. Check reviews from multiple sources.

4. Control the demo. Make the sales person show you how.

5. Make a features chart and ask questions that relate to the features. Revisit software sales people to ask questions that come up from other demos.

6. Be wary of overpromising sales people.

Mobile Apps for Key Tasks Start with apps for the programs you have on your computer. The ability to sync work from your phone or iPad is a huge time saver.

Expenses:

Expensify

Time & Billing:

iTimeKeep

Scanning:

Cam Scanner

Document Signing: SignMyPad Word Reader:

Docs To Go

Pdf Reader & Annotations:

iAnnotate It is a confusing world out there. If it is all overwhelming, or too time consuming, consider investing in an independent consultant who can ascertain what you need and recommend products based on those needs as well as assist in implementation.

Continued on page 28

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

25

MCLE sELF-sTUDY

The Ethics of Cloud Computing Require Attorneys to Learn or Hire, or Both

ethics

By Matthew R. Cody

Any practitioner with a client or employee who is considered a “millennial” has likely encountered cloud computing. In fact, lawyers and clients across generational lines have turned to the cloud for a variety of services, from ordinary email and document storage to more sophisticated cloud-based services like customer-relationship management software and social media platforms. As a result, practitioners need to be aware of the ethical standards arising from the use of cloudbased technology that is constantly changing.

The California State Bar Committee on Professional Responsibility has issued three opinions since 2010 that address the prevalence of electronic communications, e-discovery, and the “virtual” law practice. Collectively, these opinions make clear that cloud computing triggers due diligence obligations in fulfilling an attorney’s duty of confidentiality, the duty of competence, and the duty to supervise. Ultimately, an attorney is required to take “appropriate steps to ensure [the] use of technology in conjunction with a 26

JULY 2019

client’s representation does not subject confidential client information to an undue risk of unauthorized disclosure.”

The California State Bar Committee on Professional Responsibility has issued three opinions since 2010 that address the prevalence of electronic communications, e-discovery, and the “virtual” law practice.

Collectively, these opinions make clear that cloud computing triggers due diligence obligations in fulfilling an attorney’s duty of confidentiality, the duty of competence, and the duty to supervise.

Formal Opinion Number 2010-179 considered whether an attorney violates the duty of confidentiality

or competency by electronically transmitting or storing confidential client information if the technology is susceptible to hacking. The opinion identified several factors to consider when using technology.

The first was “the ability of the attorney to assess the level of security afforded by the technology,” including (i) how particular technology differs from other media use; (ii) whether reasonable precautions can be made to increase security; and (iii) limitations on who may use or access the technology. The second factor was the ramifications to third parties who intercepted, or accessed the electronic information illegally or without authorization. Both federal and state law have protections against unauthorized use of computer data, which supports an expectation of privacy with respect to electronic communications. However, the opinion identified several other factors, including the sensitivity of the information, possible impact on client of inadvertent disclosure, the urgency of the situation, and client instructions and circumstances.

Collectively, an attorney must consider all these factors to determine an appropriate use of technology. The committee determined, for example, that the use of a public wireless connection that lacked security features risks violating the duty of confidentiality and competence, unless the attorney “takes appropriate precautions, such as using a combination of file encryption, encryption of wireless transmissions and a personal firewall.”

Two years later, Formal Opinion Number 2012-184 discussed ethical obligations of an attorney establishing a “Virtual Law Office.” This opinion concluded that an attorney wanting to use a vendor for cloudbased communication and storage must “exercise reasonable due diligence both in the selection, and then in the continued use” of a vendor.

At a minimum, an attorney must read and be familiar with the terms of service for a particular vendor, which will set forth how data may be used or accessed. He or she should also consider the credentials of any vendor, data security standards, cross-jurisdictional issues, and the attorney’s ability to supervise a vendor. If an attorney is unsure about a vendor’s particular practices, an attorney can request the vendor confirm in writing about how the information may be used or accessed.

In 2015, an opinion on “e-discovery” analyzed the duty of competence in the context of discovery and “electronically stored information.”

E-discovery involves the discovery of electronic matter, and is specifically governed by federal and state law. The opinion provides specific examples how the failure to understand “electronically stored information,” such as “metadata,” can result in in the disclosure of confidential information and waiver of attorney-client privileged communications. The opinion concluded that, if an attorney lacks technological knowledge to handle

e-discovery, he or she may be “ethically incompetent” and is required to consult an e-discovery expert to continue representing the client.

A 2017 opinion by the American Bar Association affirmed that attorneys have a duty to exercise due diligence to understand a particular type of technology and how it may be used, or misused, and thereby avoid risks of improper disclosure of client confidences and communications. In support of this opinion, the ABA noted that “cyber-threats and the proliferation of electronic communications have changed the landscape and it is not always reasonable to rely on the use of unencrypted email.”

law firms now have the option of looking into “cybersecurity insurance.” In addition, there is increased regulation of data privacy, most notably with the European Union’s General Data Protection Regulation, which went into effect in 2018, and the California Consumer Privacy Act, which is scheduled to take effect in 2020. As the use of cloud-based technology continues to garner the attention of business, regulators, and bad actors, attorneys will need to continue to learn about and understand the potential applications, limitations, and risks of using the cloud in conjunction with representing clients.

The duty of competence also requires the attorney to consider aspects of technology that might impair the provision of legal services. For instance, an attorney who never meets a client in person must ensure that the client is who he or she says she is, and take appropriate steps to ensure that electronic communication is received and understood. An attorney might also consider whether client disclosures or consents are required before using technology to transmit or store a client’s information.

Matt Cody is a civil litigation attorney with the law firm Dunn & Panagotacos. He has worked with clients who have varying degrees of sophistication using technology and he is willing to discuss this subject with any attorneys who have had challenges with cloud computing in their practice. He can be reached at mcody@dpllp.com.

The use of cloud computing also implicates the duty to supervise and train subordinate attorneys or nonattorney staff. The attorney must make reasonable efforts to ensure that subordinates make proper use of cloud technology, through the use of secure usernames and passwords, providing training, and taking other appropriate measures, such as adopting policies and procedures, to mitigate risks associated with cloud-based data.

To download the test form and instuctions for this Self Study MCLE article, visit www.contracostalawyer.org and click on the “Self-Study MCLE” link at the top, then click on the article “The Ethics of Cloud Computing Require Attorneys Learn or Hire, or Both.”

Lastly, attorneys should be aware that law firms are increasingly a target for cybersecurity attacks.

With cybersecurity attacks creating a threat of tort or statutory liability,

MCLE Self Study Test

If you prefer to receive the test form via email, contact Anne Wolf at awolf@cccba.org or (925) 370-2540. Send your answers, along with payment ($30 for CCCBA members/ $45 per credit hour for non-members) to the address on the test form. Certificates are dated as the day the form is received.

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

27

Congratulations Law School Graduates CCCBA salutes the law school graduates from all local universities!

Nicole Mills, Law School Professor at JFK University College of Law with Kate Mignani (a soon-to-be graduate) and Law School Dean Dean Barbieri at the Lesher Center for the Arts before the graduation ceremony on May 30.

Below, the Keynote Commencement Speaker, Hon. James A. Richman with Dean Barbieri.

Legal Software Tsunami Continued from page 25

Any mention of software does not constitute an endorsement of the product. It is for informational and exemplary purposes only.

Diane Camacho is the founder of DLC Consulting Services, LLC which provides on-demand legal management and backoffice services to small and solo law firms. She is a Certified Legal Manager with over 25 years of legal management experience and a degree in organizational behavior and leadership.

Diane teaches Law Firm Management at San Francisco State University, teaches a study course for the Certified Legal Manager exam and speaks on law firm management issues.

28

JULY 2019

Spotlight on Social Responsibility: Wendel Rosen Focuses on More than Just the Law

by Donald S. Simon and Amara L. Morrison

Bay Area attorneys advise some of the world’s most innovative companies, but innovation is often lacking at Bay Area law firms. In a time when environmental calamities and social inequities fill the news, law firms must pay attention to corporate social responsibility.

It’s no longer socially acceptable or fiscally prudent to behave as if the financial bottom line is the only one that matters. Clients and employees prefer firms that define performance under the triple bottom line that considers environmental and social impact in addition to financial performance.

The Bay Area has long championed these values. Our county governments have made it easy for businesses to define and communicate their efforts through the Green Business Program. Participating businesses implement a series of mandatory and voluntary measures that reduce the energy, water, waste and pollution associated with their business operations. Implementation is verified by program administrators and certification is awarded to businesses that satisfy the program requirements.

Technology has made the process far easier over the years. Paper checklists have been replaced with an elegant, web-based platform that enables participants to report and document

the measures they implement. Advances in lighting, HVAC, plumbing and telecommuting technologies have made it far easier for businesses to track and reduce their resource consumption.

Imaging, storage and search technologies make the paperless office far more efficient and cost effective than the mountains of paper files that fill the law office of yesteryear.

Being “green” is far easier than it was even ten years ago.

Wendel Rosen became the first law firm in the nation to become a Certified Green Business in 2003. We were launching our industry practice group catering to clients in the emerging green economy, and thirdparty certification provided us a way to demonstrate that we shared our clients’ values for sustainability.

We created a committee comprised of attorneys and staff throughout our various practice groups and administrative departments. Their mission was to figure out how we could reduce our environmental impact. Our efforts required many

changes to established practices. Cognizant of people’s inherent resistance to change, everyone attended in-house trainings where we explained what we were doing and quantified how those changes would save the firm money and positively impact the environment.

Success of the Bay Area Green Business Program inspired others to create programs that added social responsibility to the certification framework. Best known among these is the international “B Corp” certification that considers environmental performance, as well as how a business treats its employees and supports its local community. Eager to support this growing movement, Wendel Rosen became a certified B Corporation in 2010.

Wendel Rosen has been recertified several times as a Green Business

Continued on page 30

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

29

Spotlight: Social Resposibility Continued from page 29

and B Corp. But as the years rolled on, the firm realized that success requires frequent reengagement with our attorneys and staff. So in October 2018, we went back to our roots by re-establishing a new Corporate Social Responsibility (CSR) Committee whose mission reflected our broader values of environmental sustainability, community engagement and social equity.

The CSR Committee led our most recent Green Business recertification efforts, and they began exploring ways for our people to expand the ways in which we give back to the community and others less fortunate than us.

One of our earliest community support programs is Rebuilding Together Oakland (RTO), which focuses on restoring housing in the city we call home. Our people serve on the board of directors, and every

year since 2005, a sizable team of attorneys and staff have worked multiple weekends in April to assist one or more low-income residents (usually seniors) to restore their homes through painting, yard cleanup and home repairs.

Our CSR Committee sought out additional ways we could engage our people to volunteer and raise money to help the community. In the past six months, our attorneys and staff have volunteered more than 400 hours on firm-sponsored projects, with approximately 130 of those hours occurring during the work day, with staff “on the clock.”

We fed veterans, low-income, and homeless through Oakland’s Operation Dignity, the Emeryville Citizens Assistance Program (ECAP), and the City of Oakland’s Thanksgiving Dinner program, and we are participating in the Alameda County Bar Association’s (ACBA) Food from the Bar food drive. We collected toys and money for the 2018 Central

ACUÑA ❖ REGLI ❖ Estate Planning ❖ Administration ❖ Conservatorship ❖ Inheritance Litigation

Acuña❖Regli, LLP is pleased to announce Kyle M. Johnston, Attorney at Law Is Joining Bank of America Private Bank as a Senior Vice President Trust Officer 





Kyle has entrusted his clients to the attorneys and staff at ACUÑA❖REGLI. Our firm has provided notices of Kyle’s departure from private practice to his clients, will maintain custody of his files, and respond to client inquiries and requests. This ensures that Kyle’s clients will enjoy uninterrupted service after his departure.

Our practice is strictly limited to estate planning; probate and trust administration; conservatorship and special needs planning; and, inheritance litigation.

Please call Frank R. Acuña or Tracy S. Regli at (925) 906-1880 if we can assist you with winding up your practice for retirement.

3478 Buskirk Avenue, Suite 300 Pleasant Hill, CA 94523

1(925)906-1880

30

JULY 2019

5315 College Avenue Oakland, CA 94618

www.acunaregli.com

609 Jefferson Street, Suite C Fairfield, CA 94533

contactus@acunaregli.com

American Refugee Committee (CRECE) holiday toy drive. We purchased supplies and are in the process of assembling hygiene kits for veterans and homeless through Operation Dignity and Lava Mae. We have organized frequent internal bake sales to raise funds for wildfire survivors, women’s shelters and other causes.

As an established firm that has served the East Bay for more than a century, these efforts were made easier by a culture of service that has long permeated Wendel Rosen because of the example our predecessors established. At last count, the firm and our people are actively involved in more than a hundred charitable organizations. But he Green Business Program, B Corp, and modern technology now make it relatively easy for any firm to positively contribute to the world around us. In our experience, this not only saves money but it helps establish a culture that attracts and retains talent.

The legal profession demands much from us. Our experience and lives become richer and more meaningful when our efforts make a positive difference for the environment and those around us. Becoming a Certified Green Business and adopting a broader program of corporate social responsibility is good for our business, our souls, and the world as a whole.

Information about the Certified Green Business program and how to become a Certified Green Business is available at: https:// greenbusinessca.org.

Donald Simon is a partner at Wendel, Rosen, Black & Dean LLP in the firm’s construction and green business practices. He has led the firm’s sustainability efforts since 2002. Amara Morrison is a partner in the firm’s land use practice. They can be reached at (510) 834-6600 or dsimon@wendel.com and amorrison@wendel.com, respectively.

gratefully acknowledges its

2018-19 SUSTAINING LAW FIRMS Firms with 20+ attorneys: Bowles & Verna, LLP Littler Mendelson, PC McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP Miller Starr Regalia

Firms with 15-19 attorneys: Brothers Smith, LLP Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci

Firms with 5-14 attorneys: Barr & Young Attorneys

Brown, Gee & Wenger, LLP

Casper, Meadows, Schwartz & Cook

Clapp Moroney Vucinich Beeman Scheley Craddick, Candland & Conti

Doyle Quane Freeman Family Law Group Edrington, Schirmer & Murphy

Contra Costa County Bar Association Membership & Reference Directory Distribution Date October 2019

Professional Listings and Display Ads Available Now Advertising Deadline:

Ferber Law, APC

August 29, 2019

Gillin, Jacobson, Ellis, Larsen & Lucey

For details visit www.cccba.org/attorney/ cclawyer/index.php

Galloway, Lucchese, Everson & Picchi

Greenan, Peffer, Sallander & Lally, LLP Hartog Baer & Hand, APC

Kilpatrick Townsend & Stockton Livingston Law Firm, PC Morison & Prough, LLP Morrill Law Firm

Whiting, Fallon, Ross & Abel, LLP

or call Mary Camarillo, Legal Directories Publishing Co. (800) 447-5375

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

31

COMPASSIONATE. PERSONAL. DEDICATED.

• Will and Trust Litigation • Elder Abuse • Conservatorships & Guardianships • Fiduciary Representation • Probate & Trust Administration • Probate & Appeals • Real Estate • Estate Planning

• Joe Morrill • Jennifer McGuire • G. Jeff Coons • Lara Heisler • Michael Lipzen • Camille Milder • Rachel Rosenfeld Of Counsel: • Norm Lundberg • Ruth Koller Burke • Vahishta Falahati

Walnut Creek: 2175 North California Blvd., Suite 424 • Walnut Creek, CA 94596 Martinez: 610 Court Street, Suite 204-206 • Martinez, CA 94553 Richmond: 1160 Brickyard Cove Road, Suite 103 • Richmond, CA 94801

h

Depositions – Court Trials, Motions, Hearings – Arbitrations – Statements/EUOs – AudioTranscriptions –Mediations

h

Video & Interpreted Depositions

h

Realtime / LiveNote Reporting

h

Video Depositions

h

Interpreters

h

Online Scheduling of Depositions

h

Complimentary Deposition Suites, Wifi and Parking

h

Document Depository

h

Subpoena for Production of Business Records Preparation and Service

h

Complete Document Copying Service (on-site and off-site)

Fax 925-685-3829

h

Scanning (on-site and off-site), Bates Stamping

“Yes, we can. No problem!”

h

Briefs – Copying, Binding & Filing

h

Online Requests - Transcripts, Depository Documents, Subpoena Preparation, Authorizations

Certified Shorthand Reporters Independently Owned and Operated

Serving the Entire Bay Area since 1958 Contra Costa, Solano, Alameda & San Francisco Counties 2321 Stanwell Drive Concord, CA 94520-4808 email: Contact@ZandonellaZRS.com www.ZandonellaZRS.com

925-685-6222 -John A. Zandonella

Just 1/4 mile from Buchanan Airport and near BART. JuST CAll AnD We Will PiCk you uP!

32

JULY 2019

P: 925-322-8615 F: 925-357-3151 Morrill.Law

The June Issue of Contra Costa Lawyer – Here’s What You Missed in the Future of Law Issue

Thank you to Jen Lee, Guest Editor

Find it online at www.contracostalawyer.cccba.org

Features: • The Changing Marketplace – How technology and millennials are changing the traditional law firm and impacting women in the legal industry, by Ivette Santaella • Practicing Virtually, by Sara Raymond • Value Based Law Practice Management, by Alay Yajnik • Open the Gates: Tomorrow’s Lawyers are Knocking, by Maneesha Birdee • The Law Firm of the Future – A Personal View,

by H.T. Astrov • Upsolve is Automating Bankruptcy for Debtors, But Does it Work?, by Connie Tche

Columns: • Inside: To Boldly Go Where No Lawyer Has Gone Before, by Jen Lee, Guest Editor

Spotlight: • The Budget for California Courts: A Step in the Right Direction, by Christina Weed

News & Updates • PHOTOS: Mock Trial Volunteers

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

33

Searching for New Business?

Join the Lawyer Referral & Information Service Grow your practice with the CCCBA’s LRIS. We schedule over 5,500 client consultations with paying clients every year. We have immediate need for attorneys: • Who specialize in Tenant Rights or Juvenile Dependency • Spanish Speaking Attorneys (all specialties) • Moderate Means Attorneys Contact Barbara Arsedo, CCCBA LRIS Director at (925) 370-2544 barsedo@cccba or visit www.cccba.org/attorney/lawyer-referral-network.

Advertiser Index Acuna Regli . . . . . . . . . . . . . . . . . . . . 30

Lenczowski Law Offices . . . . . . . . . . 25

ADR Services . . . . . . . . . . . . . . . . . . 13

Morrill Law Firm . . . . . . . . . . . . . . . . 32

Barr & Young Attorneys . . . . . . . . . . 14

Novak Wealth Management . . . . . . . . 2

Brillant Law . . . . . . . . . . . . . . . . . . . . 10

Pedder, Hesseltine, Walker & Toth, LLP . . . . . . . . . . . . . . . 6, 16, 28

Diablo Valley Reporting Services . . . 40 Bruce Hahn . . . . . . . . . . . . . . . . . . . . 20 LawPay . . . . . . . . . . . . . . . . . . . . . . . 18 Law Offices of Oliver Bray . . . . . . . . 16

Candice Stoddard . . . . . . . . . . . . . . . . 9 Jeffrey R. Windsor, Mediator . . . . . . . 6 Michael J. Young . . . . . . . . . . . . . . . . 12 Zandonella Reporting Service . . . . . 32

Future Editions of Contra Costa Lawyer August: 85th Anniversary of Contra Costa County Bar Association September: Immigration Issue October: Intellectual Property November: Bench/Bar December: Interactive Issue

Classifieds Probate paralegal to attorneys Joanne C. McCarthy, 3000F Danville Blvd., #257, Alamo, CA 94507 Call (925) 689-9244.

SPACE AVAILABLE IN WALNUT CREEK (SHADELANDS) Two single, furnished windowed offices; ground floor law office in Shadelands area, Walnut Creek, $850 & $1000/month.

Amenities Available: • Access to law library, conference room, copier • Small kitchen • Free parking Call Howard at (925) 932-0417.

CONFERENCE ROOM AVAILABLE CCCBA members receive a discount on renting the conference room at the CCCBA office in Concord. Rent by the hour or by the day for client meetings, negotiations or other small group sessions. Convenient location near Concord BART. For information contact Barbara Arsedo at (925) 370-2544 or barsedo@cccba.org.

notary service CCCBA members are eligible for free notary service at the CCCBA office in Concord.

Contact Carole Lucido at (925) 370-2542 or clucido@cccba.org for an appointment.

34

JULY 2019

Calendar

Upcoming Events | Overview July 11 | CCCBA Student Loan Debt Repayment Strategies more details on pages 21 and 36

July 16 | CCCBA

Navigating Life Transitions with a Care Manager more details on pages 21 and 36

July 21

August 13 | CCCBA Applied Mindfulness and Meditation for Legal Professionals more details on pages 21 and 37

August 13 | Women’s Section Women’s Section Happy Hour more details on page 37

| Women’s, Elder & Litigation Sections

CCCBA’s First Annual Family Fun Day more details on page 36

July 25 | CCCBA CCCBA Happy Hour Gathering more details on page 36

July 25 | Criminal Law Section Using Technology to Win Cases on a Budget more details on page 36

July 31 | CCCBA The A, B, C’s and D of Turning 65 more details on pages 21 and 36

August 22

| CCCBA

Contra Costa County Judges Night more details on page 37

August 29 | CCCBA CCCBA Happy Hour Gathering more details on page 37

September 10

| CCCBA

CCCBA Diversity Networking Mixer with Minority Bar Associations more details on pages 7 and 37

September 26

| CCCBA

Bar Fund Benefit

more details on page 39 The Contra Costa County Bar Association certifies that the MCLE activities listed on page 36-37 have been approved for the specific MCLE credit indicated, by the State Bar of California, Provider #393.

Join your friends from the CCCBA at one of the next informal happy hour gatherings.

• July 25 at Calicraft, The Taproom in Walnut Creek • August 29 at Elevation 66 in El Cerrito • October 24 at the Vine at Bridges in Danville CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

35

July 11 | CCCBA

July 16 | CCCBA

Student Loan Debt Repayment Strategies (A CCCBA Member Information Series Program - 2019)

Navigating Life Transitions with a Care Manager (A CCCBA Member Information Series Program - 2019)

Speaker: Jimmy Diehl—Managing Partner The Furstner Group, MBA, CFBS, RICP, AIF

Speaker: Linda Fodrini-Johnson—MA, MFT, CMC Eldercare Services

Student Debt Now: What do I do?

Student Debt Soon: Make it a good idea!

IBR, REPAYE, Consolidation, Forgiveness?

Refinance? It’s simply not that easy... Learn strategies to address repayment programs, efficient ways to save for the future, protecing yourself and your family along the way.

Dinner will be provided.

Are you overwhelmed with or just looking ahead to life transitions? Working with a Care Manager might be right for you and your family. With a Care Manager, you remain the captain of the ship… and every good captain needs a skilled navigator or coach. Aging Life Care Managers act as family coaches and navigators who help older adults and their families get the best care.

Time: 6:00 pm – 7:30 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord Cost:

$15 CCCBA members, $20 Non members

RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

Time: Noon –1:30 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord Cost:

$15 CCCBA members, $20 Non members

Elder & July 21 | Women’s, Litigation Sections

CCCBA’s First Annual Family Fun Day Come enjoy the sun and have some fun!

There will be BBQ from Everett and Jones, refreshments, party music, a bounce house, and face painting.

This day is all about family fun!

Time: Noon – 5:00 pm Location: Pleasant Hill Park, 147 Gregory Lane, Pleasant Hill Cost: Free for members and their immediate family, Non-member adults and children $25 per person.

RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

RSVP: Online at www.cccba.org/attorney/calendar

July 25 | CCCBA

July 25 | Criminal Law Section

July 31 | CCCBA

CCCBA Happy Hour Gathering

Using Technology to Win Cases on a Budget

The A, B, C’s and D of Turning 65 (A CCCBA Member Information Series Program – 2019)

Join your CCCBA friends for a casual, no-host event, where CCCBA members gather in a relaxed happy hour setting to socialize.

Don’t expect anything formal like name tags or check-in tables. Come when you can, grab a beverage, and find us on the patio or in the bar area. A gathering of the CCCBA big or small, is typically hard to miss.

Time: 4:30 pm – 7:00 pm Location: Calicraft – Tap Room, 2700 Mitchell Drive, Walnut Creek Don’t miss these upcoming Happy Hours: • Thursday August 29 at Elevation 66, El Cerrito • Thursday, October 24 at The Vine at Bridges, Danville

Speaker: Qiana Washington Hear from a seasoned criminal trial attorney about how to use technology to win cases on a budget. From drones and cellphones to 3D diagrams and reenactments and so much more. Lunch included.

Time: Noon – 1:15 pm Location: Creek Monkey,

611 Escobar St., Martinez MCLE: 1 hr. General credit Cost: $25 Criminal Section members, $15 Law Student Section members, $30 CCCBA members, $35 Non members

These are no-host happy hours.

Registration: Online at www.cccba.org/attorney/calendar

More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

Speaker: Colleen Callahan, Colleen Callahan Insurance Services Get familiar with the alphabet soup of turning 65 and how to plan for the transition to Medicare and a Medicare supplement.

Key points include Medicare Part A and B, eligibility for a Medicare supplement, types of supplements, prescription drug plans, timelines, open enrollment, travel limitations and more.

Time: Noon – 1:30 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord Cost:

$15 CCCBA members, $20 Non members

RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

36

JULY 2019

August 13 | CCCBA

August 13 | Women’s Section

August 22 | CCCBA

Applied Mindfulness and Meditation for Legal Professionals (A CCCBA Member Information Series Program – 2019)

Women’s Section Happy Hour

Contra Costa County Judges Night

What is a Women’s Section Happy Hour?

Think LinkedIn but over drinks. The Women’s Section Happy Hour is an opportunity to meet and build professional relationships.

Join the Civil, Criminal, Family Law, Juvenile and Traffic Court Judges of the Contra Costa County Superior Court and your CCCBA friends for an informal mixer.

Your RSVP is only to give us a general headcount. If you find, at the last minute, that you’re free and haven’t emailed, please come!

Get to know our new judges! Catch up with old friends – many CCC Superior Court judges were formerly CCCBA board members, section leaders and committee chairs.

Time: 5:00 pm - 7:00 pm

We would love to have you join us for this casual and important Bench/Bar social event.

Speaker: Jeena Cho - JC Law Group, PC Author of The Anxious Lawyer Is stress or anxiety keeping you from doing your best work? Mindfulness and meditation practice is the key to increasing focus and productivity! This workshop will give you tools to manage stress and anxiety; understand stress responses; mindfulness practices to decrease distraction and increase productivity.

Time: 12:30 pm – 2:00 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord Cost:

Location: Residual Sugar (at the Veranda) 2045 Diamond Blvd., Concord RSVP: Please email the section at cccbawomenssection@gmail.com

Location: Martinez Event Center, 524 Main St., Martinez

More Info: Contact the section at cccbawomenssection@gmail.com

Cost: Free, courtesy of our sponsors

$15 CCCBA members, $20 non members

August 29 | CCCBA

September 10 | CCCBA

CCCBA Happy Hour Gathering

2nd Annual CCCBA Diversity Networking Mixer with Minority Bar Associations

Time: 4:30 pm – 7:00 pm Location: Elevation 66 Brewing Co., 10082 San Pablo Ave., El Cerrito These are no-host happy hours.

More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org Don’t miss this year’s last Happy Hour: • Thursday, October 24 at The Vine at Bridges, Danville

RSVP: Online at www.cccba.org/attorney/calendar Sponsorship Opportunities Available: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org

RSVP: Online at www.cccba.org/attorney/calendar

Join your CCCBA friends for a casual, no-host event, where CCCBA members gather in a relaxed happy hour setting to socialize.

Don’t expect anything formal like name tags or check-in tables. Come when you can, grab a beverage, and find us on the patio or in the bar area. A gathering of the CCCBA big or small, is typically hard to miss.

Time: 5:00 pm - 7:30 pm

Come learn more about the different minority bar associations in the Bay Area, network and build new connections!

Representatives from different organizations will speak about their organizations, upcoming events and networking opportunities.

Join the CCCBA and a variety of Minority Bar Coalition organizations for free heavy appetizers and drinks. This event is open to all CCCBA members and guests.

Time: 5:00 pm – 7:30 pm Location: JAMS, 1255 Treat Blvd., First Floor Conference Room, Walnut Creek Cost: Free, courtesy of our hosts RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Theresa Hurley at (925) 370-2548 or thurley@cccba.org

Event Sponsor

JAMS Sponsors Cooper, White & Cooper M.S. Domingo Law Key Counsel, PC Lancaster Law Group Washington & Associates Law Offices of Jim W. Yu

CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER

37

Congratulations

Judge Linda Lye and Judge Wendy Coats Judge Linda Lye was inducted into the Contra Costa County Superior Court on May 17 and Judge Wendy McGuire Coats was inducted on June 14.

The ceremonies were inspiring and personal and reflected the deep integrity of these judicial officers. The CCCBA wishes both Judge Lye and Judge Coats the best as they begin their careers on the bench.

Above, Hon. Goodwin Liu, Associate Justice, Supreme Court of California with Clara Shin and Hon. Linda Lye. Right, Judge Lye accepts the gavel from CCCBA Board President James Wu.

Judge Wendy McGuire Coats took the oath of office from Hon. Ronald S.W. Lew, Senior U.S.District Judge of the Central District of California Right, Dorian Peters and Theresa Hurley presented the Gavel to Judge Coats.

38

JULY 2019

Bar Fund Benefit With Grateful Appreciation

to our Sponsors*

in support of

Platinum CCCBA’s Estate Planning & Probate Section Hartog, Baer & Hand Gold Acuna Regli Casper, Meadows, Schwartz & Cook

Silver Bramson, Plutzik, Mahler & Birkhaeuser LLP Brown, Gee & Wenger Budde Law Group Donahue Fitzgerald Ferber Law Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci Robert Half Legal Horvitz & Levy JAMS McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP Miller Starr Regalia Mullin Law Firm David Ratner Law Firm Santaella Jahangiri *Sponsorships are still available. Contact Theresa Hurley at (925) 370-2548 or thurley@cccba.org

Center for Youth Development Through Law

September 26, 2019 5:00 pm - 7:30 pm

Tickets: $45 Non-Profit Attorneys; Barristers and Law Student Members; $75 for CCCBA members and non-members Reserve your spot online: https://bit.ly/2Fjnqfn

Lafayette Veteran’s Memorial Center 3780 Mt. Diablo Blvd., Lafayette Tickets are available now!

About the Bar Fund: Since 1988, CCCBA has sponsored its BAR FUND Benefit to raise funds and consciousness about the need for pro bono legal services for low income members of our community.

About CYDL: Celebrating it’s 20th year, CYDL provides programs to introduce youth from under-resourced East Bay communities to careers in the law and higher education.

More than 92% of student participants subsequently attend higher education.

Deposition Reporting in Contra Costa County since 1986

Trusted with the Bay Area’s most complex cases, Diablo Valley Reporting Services has been part of the legal landscape for more than 30 years.

Contra Costa County attorneys have come to rely on DVRS as a firm that is large enough to handle the most challenging cases, but small enough to provide the utmost in personal and professional service.

• • • • • •

Proud to Partner with Some of the Area’s Best Certified Shorthand Reporters Leading Technology Personal Service and Delivery Deposition Suites and Conference Rooms Available Centrally Located in Downtown Walnut Creek, near BART A Loyal Supporter of the Contra Costa County Bar Association for Three Decades

2121 N. California Blvd., Suite 290, Walnut Creek, CA 94596 • dvrs2121@yahoo.com

40

DIABLO VALLEY REPORTING SERVICES

JULY 2019

925.930.7388