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THE MARIN LAWYER December 2023 Editors: Mary Stearns & Tom McCallister Guest Editor: Robyn Christo Creative Director: Aariel Nigam 2023 Officers President: Ahtossa P. Fullerton President-Elect: Scott Buell Secretary: Thomas (Tom) McInerney Treasurer: Kristine Fowler Cirby Past President: Robert S. Rosborough 5 Year Past President: Mary McLain Board of Directors 2023 Directors Chelsea E. Heaney Valerie G. Kushel Thomas M. McCallister Mary M. Sackett 2024 Directors Neusha N. Ghaedi Jeffrey G. Knowles Mary A. Stearns Alexander S. Vadhat David L. Winnett 2025 Directors Robyn B. Christo Morgan H. Daly Shanti Eagle Lucie C. Hollingsworth Elisha J. Yang Interim Executive Director Theresa Hurley Membership & Events Manager Denise Belli The Marin Lawyer is published by The Marin County Bar Association 101 Lucas Valley Road, Suite 326 San Rafael, CA 94903 415-499-1314 info@marinbar.org marinbar.org © 2023 All Rights Reserved.
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CONTENTS 4 | Editor's Introduction MARY STEARNS & TOM MCCALLISTER WITH GUEST EDITOR ROBYN CHRISTO 5 | New Horizons: Thank you MCBA for this Journey MEE MEE WONG 7 | 2023 President’s Farewell: Gratitude AHTOSSA FULLERTON 9 | Gathering the Honey Without Kicking Over the Beehive: Refining the Standard for Civility and Professionalism in the Legal Profession ROBYN CHRISTO
20 | Five Hot-Button Lawyer Ethics Questions Jim Wagstaffe 25 | Judge's Profile: Questions for Judge Beverly K. Wood MARY STEARNS 27 | 2024 MCBA Membership Renewal MARIN COUNTY BAR ASSOCIATION 30 | 2024 MCBA Installation Dinner MARIN COUNTY BAR ASSOCIATION
12 | MCBA Board of Directors: Congratulations to MCBA’s Newest Officers & Directors THERESA HURLEY 13 | A Week in Legal London 2024 MARIN COUNTY BAR ASSOCIATION 15 | Inns of Court: Richard Sangster Inns of Court MARIE BARNES
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18 | Volunteers Needed to Score at Marin County Mock Trial MARIN COUNTY BAR ASSOCIATION
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EDITOR'S INTRODUCTION Mary Stearns & Tom McCallister with Guest Editor Robyn Christo This issue of the Marin Lawyers focuses on civility and ethics. Recently our society as a whole – at least in politics and the media – has shown itself to be uncivil, divisive, and hostile. Lawyers have a special duty and role to show others how to advocate and disagree with respect. In this issue, MCBA President Ahtossa Fullerton reflects on the past year and thanks the 2023 Board and volunteers. Marie Barnes, President of the Richard Sangster Inns of Court (Marin, Sonoma, and Napa), describes the Inns of Court’s mission and commitment to the highest degree of excellence, professionalism, ethics, and civility in the legal profession. Jim Wagstaffe, a San Francisco attorney specializing in civil litigation and lawyer ethics and a professor at UC Law SF, describes the five hot-button ethics issues that cause attorneys problems with the State Bar. Our own Robyn Christo, a local Trust, Estate, and Fiduciary litigation specialist, recounts a recent MCLE conference, where local panel of judges
discussed achieving success through perseverance and respect rather than through antagonism and disorder. We also have a profile of The Honorable Beverly K. Wood, who is retiring after almost 20 years of excellent service to the Marin Courts, which included her creation of the groundbreaking and revered Community Court, among many other achievements. Finally, and with bittersweet gratitude, we bid farewell to our beloved Executive Director Mee Mee Wong, who says goodbye as she moves on to new opportunities in San Francisco.
PHOTOGRAPH BY KARTHIK GANAPATHI, SILVER LAKE
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NEW HORIZONS Thank you MCBA for this Journey Mee Mee Wong Dear MCBA Members, It feels like just yesterday that someone asked me, "How long have you served as the Marin County Bar Association Executive Director?" Yet, here I am, reflecting on an incredible and fulfilling journey spanning an amazing TEN years! This incredible experience has been shaped by the leadership of TEN amazing MCBA Presidents and the tireless efforts of the Officers and Board of Directors. Their dedication—marked by the investment of time, resources, and unwavering support—has been the driving force behind MCBA's growth and expansion.
As I embark on a new adventure as the Chief Operating Officer at Altair Law in San Francisco, I am grateful for the opportunity to have served as your Executive Director. I hope to stay connected with all of you because you have become more than just colleagues – you are friends.
Our members have played a pivotal role in this journey, leading sections, chairing committees, delivering content-rich programs, supporting the MCBA Legal Scholarship Fund, attending socials, and fostering a welcoming environment for new members. The annual program sponsors, in particular, have demonstrated a remarkable commitment to the organization.
I will miss the camaraderie and shared experiences at MCBA. We are fortunate to have Theresa Hurley serving as the Interim Executive Director; she is the former Executive Director of the Contra Costa Bar Association, stepping in seamlessly during this transitional period and search process.
I am deeply moved by the commitment to legal access and justice exhibited by our Marin Superior Court bench and our Court Executive. They navigated the challenges of the pandemic with resilience, keeping our sections informed about the evolving needs of the court. It has been a privilege to know each one of you, to share humorous stories, and, of course, to remind you to renew your membership – it's that time of the year again. MCBA is not just any bar association; we have a unique history that sets us apart.
A special shoutout to Denise Belli and Kiersten Ross (Opposite of Work) for their unwavering dedication and support throughout the years, making every event and issue of the Marin Lawyer memorable and more. Also, a heartfelt thank you to MCBA President Ahtossa Fullerton and incoming MCBA President Scott Buell for their understanding and support in this transition. Thank you for being an integral part of this chapter of my life. Here's to new beginnings and continued success for MCBA! With gratitude, Mee Mee
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Thank you, Mee Mee!
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2023 PRESIDENT’S FAREWELL Gratitude Ahtossa Fullerton As my term comes to a close, I would like to express my gratitude for the opportunity to serve as MCBA President. It has been an honor to work alongside such a talented and dedicated group of legal professionals, and I am proud of all that we have accomplished together. A special thank you goes out to the 2023 Board of Directors and the numerous volunteers who support MCBA. Over the past year, our association has navigated challenges with grace and optimism, and I am proud of how we adapted and continued to provide valuable resources and support to our members. We provided interesting and informative CLE programs for our membership, including another great Bay Area CLE Conference. We reinvigorated our Bench Bar Committee and will continue to work on revitalizing our Judicial Fairness Committee. We assisted our Court administration in training our members on the eDelivery system, and organized our members in participating in MCBA’s first coastal clean-up. We gathered our members for meals, programs, theater and the beneficial networking that accompanies all these events. We could not have done these things without the dedication of our long-time Executive Director, Mee Mee Wong. Mee Mee devoted herself to MCBA for over 10 years. If there was an event to produce, an idea to implement, or planning to be done, Mee Mee always made it happen with grace and precision. My job was made easier knowing Mee Mee’s reliability and commitment to making MCBA great. While we are pleased for her new adventures, we will also miss her dearly. Mee Mee’s departure unexpectedly turned our Exec Committee into a hiring committee. I am grateful to my fellow Exec Committee members, who were able to quickly organize to search for a new Executive Director.
We are enthusiastic about our candidates and look forward to introducing our members to a new leader in January. Looking ahead, I encourage our members to engage with our association actively. MCBA is only as strong as its members, and together we can ensure the long-term resilience of our association. Thank you for the privilege of serving as your President. I am confident that MCBA will continue to thrive under the capable leadership of Scott Buell, a dedicated and thoughtful volunteer. I look forward to continuing to work in service of our Mission as your Immediate Past President. Warmly, Ahtossa Fullerton
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MCBA LEADERSHIP CIRCLE Kristine Fowler Cirby Cirby Family Law Offices
Scott Buell
Buell Law & Mediation
Carole J. Gray Paula Freschi Kamena Valerie Gerard Kushel VGK Law
Peter Kleinbrodt Freitas Law Firm
Charles M. Louderback Louderback Group
Paul H. Nathan
Law Offices of Paul H. Nathan
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Gathering the Honey Without Kicking Over the Beehive: Refining the Standard for Civility and Professionalism in the Legal Profession Robyn Christo An old saying has been making the rounds in legal circles: to gather the honey, one must avoid upsetting the beehive. This bit of wisdom was front and center at the 2023 Bay Area MCLE Conference, where a panel tackled the topic of civility in today's legal practices. When Technology Meets Tradition
Setting the Scene for Professionalism
The panel featured Judge Charles Adams of the Santa Clara County Superior Court, Marin's own Judge Roy Chernus (Ret.), and Alameda County Superior Court Judge Stewart Hing. They aptly reminded us about the beehive analogy and addressed a notable shift in lawyer dynamics inside and outside of the courtroom. Respect and collegiality, which once defined lawyer interactions, now face new pressures, particularly with the rise in virtual court proceedings and electronic communications.
Judge Adams drew parallels between lawyers and counselors, stressing the importance of establishing clear boundaries to prevent disruptions. The panelists agreed that managing client expectations is essential for sustaining a professional and courteous environment. The panel also spotlighted the influence of media portrayals, which often exaggerate the aggressive nature of lawyers, warping client expectations. Judge Adams highlighted the need for honesty with clients about the merits of civility and professionalism over aggression. Gleaning Wisdom from the Classics and the Courtroom Judge Chernus suggested that lawyers look to literary icons like Atticus Finch and Fred Gailey as models of maintaining integrity and civility, even in the heat of battle. These characters demonstrate that strong advocacy doesn't necessitate a loss of decorum.
Technology has been a double-edged sword. It's instrumental but also cranking up the pressure on lawyers to respond instantly, which is breeding stress and short fuses. The discussion turned to the impact of this pressure on maintaining civility, underscoring the necessity of a levelheaded approach to advocacy.
Sharing tales from their own experiences, the judges discussed the strategies they employ to mitigate tensions in the courtroom, reinforcing the judiciary's commitment to a respectful legal process, even under the most challenging circumstances.
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The Role of Documentation The panelists unanimously emphasized the critical role of diligent record-keeping in legal practice. Good documentation is not just protective armor against professional misconduct but can also serve as a deterrent or a means of recourse when necessary. Mentorship for the Next Generation A standout point from the panel discussion was the vital role mentorship plays in fostering professionalism among new lawyers. The judges advocated for proactive engagement in legal communities, such as bar associations, to help guide and shape future practitioners. Conclusion: Embracing Civility's Core Values The honey and beehive metaphor transcends its origins, capturing the spirit of the legal profession: achieving success through perseverance and respect rather than antagonism and disorder. The civility panel at the MCLE Conference underscored the importance of rediscovering and embracing these core values. In a legal landscape constantly evolving with technological advances, it is crucial to adhere to the principles of civility. By emulating the poise of both our fictional and real-life role models, we can navigate the challenges without causing a stir, securing the sweet results that come with professional civility. Remember, it's often said— and with good reason—that a dose of honey attracts more goodwill than a splash of vinegar. Robyn Christo specializes in trust, probate, and fiduciary litigation as well as elder-related litigation and contested conservatorship matters. She also has experience handling real-estate and business disputes including partition actions that arise in estate litigation.
UPCOMING EVENTS
FAMILY LAW SECTION MEETING (IN PERSON) Tuesday, Jan 16th 12:00 PM-1:00 PM 1.0 GENERAL CLE Court Update with Family Law Judges & Commissioner
ESTATE PLANNING, TRUST AND PROBATE & PROBATE LITIGATION SECTIONS MEETING (VIRTUAL) Wednesday, Jan 17th 12:00 PM-1:00 PM 1.0 GENERAL CLE Property Tax Planning Under Prop 19
GENERAL MEMBERSHIP MEETING (VIRTUAL) Wednesday, Jan 24th 12:00 PM-1:00 PM 1.0 GENERAL CLE A Discussion with the 34th Attorney General of CA, Rob Bonta
2024 INSTALLATION RECEPTION AND DINNER Thursday, Feb 1st 6:00 PM-9:00 PM MCBA will Honor our 2024 Officers and Board of Directors
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MCBA BOARD OF DIRECTORS Congratulations to MCBA's Newest Officers & Directors! Theresa Hurley Congratulations to the newest MCBA Officers & Directors! 2024 Officers are Scott Buell (President), Kristine Fowler Cirby (President-Elect), Tom McInerney (Treasurer), Neusha Ghaedi (Secretary), Ahtossa Fullerton (Past President) & Larry Strick (5 Year Past President) Christine O'Hanlon, Ingrid Carbone, Marrianne Taleghani, Maxwell Pritt, and Roni Pomerantz will all serve as Directors for the 2024-2026 Board Term. Emily Harrington will serve as a Director for the 2024 Board Term. The new Officers & Directors were approved by the membership at the October 25th Judges Luncheon.
support bar association members, serve as a liaison to the Marin County courts, and to educate the community and enhance access to legal services. Thank you to all MCBA Board of Directors for your commitment to making MCBA a vibrant organization. We look forward to a fantastic 2024!
MCBA Board Directors support and forward the mission of the MCBA to involve, encourage, and
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A Week in Legal London 2024 Marin County Bar Association Join members of the California Lawyers Association for A Week in Legal London April 7-13, 2024. Ever dreamed of going behind the scenes of the English legal system? A Week in Legal London exists to make that dream come true! Past attendees have called the experience revitalizing, magical, and profound. “This trip exceeded expectations because of the unprecedented access to judges. You mingled with them at cocktail parties and lunches, as well as with UK solicitors and barristers. In engaged in profound legal discussions, forging friends across borders.” ~ Michelle Wolfe A Week in Legal London educates you with: Courtroom observations Meetings with renowned barristers and solicitors Visiting trial courts in Oxford and Cambridge Participating in the rich tradition of the Inns of Court Witnessing a thrilling Moot Court Dining in the Private Dining Room of the House of Lords Members of the MCBA receive a discounted registration fee of $3995 using the Code: MARCOBAR when registering at Legal London Registration Page.
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THANK YOU TO OUR MCLE CONFERENCE COMMITTEE & SPONSORS Thank you to the extraordinary MCLE conference committee: Scott Buell, Morgan Daly, Ahtossa Fullerton, Nestor Schnasse, and Alex Vahdat for putting on an interesting and informative conference.
WE ALSO EXPRESS SPECIAL APPRECIATION FOR OUR CONFERENCE SPONSORS, WITHOUT WHOM THE CONFERENCE WOULD NOT HAVE BEEN SUCH A SUCCESS: Buell Law and Mediation Kristine Fowler Cirby, Family Law Attorney Coblentz Patch Duffy & Bass LLP Farella Braun + Martel Demartini Walker & Ghaedi Hanson Bridgett Liuzzi Murphy Solomon Churton Hale & Winnett Mary Sackett Resolution Remedies Tyson & Mendes Wasacz Hilley & Fullerton LLP PAGE 14
INNS OF COURT Richard Sangster Inns of Court Marie Barnes The Inns of Court actively seeks to foster excellence, professionalism, and civility in the legal profession. When you became an attorney, you took an oath to support the Constitution of the United States and to faithfully discharge the duties of an attorney. So, what exactly does that mean? What are the duties of an attorney? Do the duties of the attorney depend on the area of practice or is there an overarching altruistic theme we as practitioners are charged to maintain? The Inns of Court gathers as a group to provide answers to these important questions and strives to instill high ethical standards and civility throughout the legal profession. The practice of law has evolved over time, as have the requirements to obtain a license to practice law. But what should always remain the same – from the day we are sworn in – is a deep commitment to the mission of professional excellence. Whether you embark on a journey in corporate law, public interest, or solo practice, that mission is the same for all attorneys. Imagine a legal profession and judiciary truly dedicated to professionalism, ethics, civility, and excellence. Does that truly exist today? Can it exist? Or is that an unrealistic, utopian ideal? At the Inns of Court, we believe that we, as a profession, must do everything we can to ensure that we continue to reach that admirable goal.
protected the rule of law, which is crucial to a free society. So, is it sufficient to just zealously advocate for your client and actively avoid being disciplined by the state bar? Is that bare minimum enough to sustain the profession? No. Instead, we must commit to reaching far beyond that foundational mission to foster a legal profession that demands the highest degree of excellence, professionalism, ethics, and civility. This concept is the vision of the American Inn’s of Court, which was founded in 1985 with 12 Inns across the country. The concept of the Inns was to promote its vision on a national level and to address the decline in civility in the practice of law. Today, there are over 400 chartered American Inns of Court in 48 states, the District HON. BEVERLY ofBLOCH Columbia, SAVITT Guam, and Tokyo. I joined the Richard Sangster Inns of Court in September of 2015 and have been a member ever since. Unlike some of the other Inns of Court, the Richard Sangster Inn is comprised of three counties: Marin, Napa, and Sonoma. We have legal practitioners and Judges from all three
So, how do we fulfill this task and why should we as practitioners consider this? Traditionally, lawyers and judges have preserved and
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counties in this one Inn of Court. Our local association of lawyers, judges, and other legal professionals throughout the profession, share a passion for professional excellence and we meet once a month for continuing legal education and mentorship.
We all have had experiences in our practices that have been less than civil. However, if we all strive for legal excellence while promoting civility, ethics, and professionalism, we will instill those principles in others. As the President of the Richard Sangster Inns of Court, I leave you with four tips to help foster professional excellence: 1. Have integrity in how you choose to practice law. 2. Do not make decisions that cause you to skirt ethical boundaries. 3. Treat all you encounter with courtesy and kindness: opposing counsel, support staff, courtroom staff, and litigants alike. 4. Advocate for your client while striving for professional excellence. Come join us at the Inns of Court. If you are interested in becoming a member of the Richard Sangster Inns of Court please contact Marie Barnes directly at marie@mariebarneslaw.com
I have thoroughly enjoyed being a member of this group because it has allowed me to grow individually and professionally and has fostered many relationships with practitioners throughout the Bay Area. We have shared many different poignant topics and discussed openly many of the issues we have all faced during our practice. Many of the experienced judges and practitioners in the Inn of Court are more than willing to share their many professional experiences with younger practitioners, which I have found to be extremely valuable as I navigate my own career.
Marie A. Barnes devotes herself to the practice of Criminal Defense and Family Law. In the area of Criminal Law Marie has prosecuted and defended Felonies and Misdemeanors. As a Certified Law Clerk in the Alameda County District Attorney’s Office Marie prosecuted cases in the Misdemeanor Division and the Felony Narcotics Division. As an attorney and in private practice Marie has represented defendants charged with DUI; theft offenses; domestic violence; assault & battery; sex offenses; property offenses; white collar crimes; and juvenile offenses. In the area of Family Law Marie has focused on issues of domestic violence and how it affects either divorce or child custody. She has represented both sides in disputes involving domestic violence, representing both the aggressor and the victim(s). Marie prides herself on working collaboratively with all parties involved in an effort to reduce the litigation without compromising the outcome for her clients. Marie was born in San Francisco and is fluent in Spanish. She received her Bachelor's degree from Sonoma State University in Political Science and Psychology and received her Juris Doctorate from Western Michigan University, Thomas Cooley Law School.
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Thank You 2023 MBCA Program Sponsors Gold Sponsors
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Volunteers Needed to Score at Marin County Mock Trial Marin County Bar Association This year’s Marin County Mock Trial, scheduled for Saturday, January 27 and Saturday, February 3, 2024, will be held at the Marin County Superior Court. We are hoping you’ll be able to join us to lend your expertise as we need attorney scorers. The volunteer scoring panel may consist of law students, paralegals, or attorneys. One attorney must sit on each scoring panel. If you can volunteer to be a scorer, please complete the Registration Form linked HERE. Please also pass onto your colleagues. Thank you so much! Some facts about this year’s Mock Trial: Mock Trial will be IN PERSON The People v. Clark Materials Linked HERE (Packet, Materials, Brief, Errata, Team Rulebook and Tobie Clark’s Omitted Statement) Password: 2423NGM30 EIGHT high school teams are competing: Archie Williams Marin Catholic Marin Academy Redwood San Marin San Rafael Tamalpais Terra Linda). We recognize that your time is valuable, and we very much appreciate your consideration of participating in this program on behalf of the students in Marin County.
Students from the 2019 Tamalpais Mock Trial Team
Please contact Michelle Drake if you have any questions. (415) 491-6606
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TRUST ME TO RESOLVE YOUR CASE
Five Hot-Button Lawyer Ethics Questions Jim Wagstaffe I have been writing about legal ethics and advising law firms as outside counsel on such issues for decades. And there are certain questions – not necessarily the “big” ones – that come up with some regularity and bear reminders on how we lawyers must behave. Surprisingly, the five “hot button” questions described below do not always involve the highprofile, State Bar-sensitive subjects, e.g., dreaded trust account conundrums, in-take conflict of interest drill downs, or even client confidences, competence to practice, duties as an advocate or sex with clients. Rather, the following five ethics questions arise with surprising frequency for lawyers in this state.
What Must I Do to Share Fees with Another Attorney Outside My Firm?
What Must I Do to Help Clients Preserve Evidence?
The requirements for disclosure and consent still apply in situations where the other lawyer’s involvement is limited to referring the matter at the outset. Id. Fee-splitting is prohibited if the arrangement is with a non-attorney.
Certainly, every client has a duty to preserve relevant evidence if litigation is reasonably anticipated. Additionally, attorneys have an affirmative duty to explain to their clients these discovery obligations, which include the types of records that are discoverable and the need to use appropriate collection and preservation methods. Merely giving a general admonition to the client to preserve “relevant” documents is insufficient. Attorneys must describe the subject matter and the kind of documents to preserve, including giving advice on “litigation holds” and “preservation” notices to the client’s managers and employees. In this regard, the attorney has an affirmative duty to be informed about a client’s computer systems (e.g., content and location of ESI such as email, archival data, personal devices, removable media, etc.).
Lawyers who are not in the same law firm shall not divide a fee for legal services unless (1) the lawyers have a written agreement to divide fees, (2) the client has consented in writing after a full written disclosure, and (3) the total fee charged cannot be increased solely by reason of the division. CRPC 1.5.1(a). The client’s written consent must be either at the time the lawyers enter into the agreement or as soon thereafter as reasonably practicable. CRPC 1.5.1(b).
The rules also provide that an attorney may not accept compensation for representing a client from someone other than the client unless: (1) there is no interference with the attorney’s independence or professional judgment; (2) information relating to the representation is protected as confidential; and (3) the attorney obtains the client’s informed written consent. CRPC 1.8.6. The bottom line: include these disclosures in your initial fee agreement and include a line for your client’s consent to the arrangements. Failure to follow such rules could result in a denial of a right to recover fees under such situations.
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Can I Speak with a Represented Person? In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person known to be represented by another lawyer (without the other lawyer’s consent). CRPC 4.2(a). This includes speaking with represented organizations’ current officers, directors, partners, managing agents, and even current employees (if it’d be binding on the entity). CRPC 4.2(b). Importantly, this prohibition also precludes communicating “indirectly” with a represented person. CRPC 4.2, Comm. 3. This means that, while clients are free to communicate directly with each other, the lawyer cannot use the client or some other intermediary (e.g., agent, investigator) by way of directing them as to what to say to the represented party. Id. However, nothing prevents the attorney from advising or recommending that a client engage in such a communication. Id. Issues that arise under this rule include: If a party himself or herself to a legal matter, the lawyer can communicate with a represented person (since they are not “representing a client”). Id. The rule bars communications initiated by the opposing party and communications to represented persons – whether they are parties to a pending litigation. Importantly, however, the rule does not apply to communications with former employees or company representatives (unless they are still represented by counsel). Communications are allowed if the person is not currently represented by counsel, even if it is likely they later will be.
Can I Negotiate Aggregate Settlements for Multiple Clients? An attorney who represents two or more clients generally cannot enter into an aggregate settlement of the claims of or against the clients without the informed written consent of each client. CRPC 1.8.7(a). An aggregate settlement is one in which more than one client’s claim or defense is settled at once. CRPC 1.8.7. However, an attorney is ethically permitted to obtain advance authority from clients (with informed consent) as to settlement ranges to be accepted if offered later within the range preapproved by the clients. The attorney must provide the following information: The total amount of the aggregate settlement; Details of every client’s participation in the aggregate settlement; Total fees and costs to be paid to the lawyer; and Method by which costs are to be apportioned among the joint clients. How Long Must I Keep My Client Files and Documents? Of course, the client “owns” the file, and the lawyer shall promptly release to the client at his or her request the client's materials and property. CRPC 1.16(e)(1). This rule also allows attorneys at their own expense to make a copy of the file. Id., Comm. 6. After discharge (or at the end of a case), attorneys have an obligation to maintain or return the client’s files and documents. For example, if an original probate document is deposited with the attorney, he or she must use ordinary care for its preservation (e.g., placing it in a safe, safe deposit box or other secure place).
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And regarding "client papers and property," absent a previous agreement, lawyers must make reasonable efforts to obtain the former client's consent to any disposition (giving notice of the intended return or destruction). If, after such efforts, the attorney is unable to locate the former client or obtain instructions, the attorney may destroy the items unless he or she has reason to believe (1) that preservation of the items is required by law (e.g. probate documents or criminal case files while the client is alive), or (2) that destruction of the items would cause prejudice to the client, i.e., that the items are reasonably necessary to the client's legal representation. In fulfilling these functions, the attorney should examine the file before the papers are destroyed. However, there may be a duty to preserve the documents (1) if there is a reasonable possibility of litigation, (2) there is a protective order requiring their preservation, or (3) there is a preservation agreement. Certainly, if the files are adequately backed up and safeguarded electronically, there is no ethical requirement to set up a separate paper file, though there clearly is a duty to safeguard client confidential information in the process (e.g., shredding). As to the “how long” question, there is no bright line until it is safe to destroy unreturned client papers and documents. However, (and absent a separate client agreement), ethics opinions essentially conclude that the attorney may destroy a particular item from a former client's file if he or she has no reason to believe the item will be reasonably necessary to the client's representation. Given the absence of detailed preservation timelines, the practice tip is to include “return or destroy” language in the original fee agreement. For example, the agreement can state that within
a designated time after the end of the engagement or after notice, the attorney will destroy the file absent contrary instructions from the client. This ensures greater clarity and risk avoidance for legal practice. There are many, many ethical issues that arise while obtaining and representing clients in California. However, these are five recurring circumstances that call for strict compliance with the governing rules to avoid later collisions with your clients and the State Bar. Jim Wagstaffe is a San Francisco attorney specializing in civil litigation and lawyer ethics. He has taught Civil Procedure at UC Law SF (formerly Hastings College of the Law) for over 35 years, and is the author of many articles and books, including The Wagstaffe Group Cal. Prac. Guide: Civ. Proc. Before Trial (LexisNexis 2023).
Lawyers in the Library The Lawyers in the Library community service program is a collaboration between the Marin County Law Library and the Marin County Bar Association. Lawyers in the Library offers free 20-minute consultations with an attorney for individuals who cannot afford private legal services. VOLUNTEERS NEEDED! The program meetings take place via Zoom. Please sign up for a time to help today. Thank you for supporting this important community service program.
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JUDGE’S PROFILE Questions for Judge Beverly K. Wood Mary Stearns Can you tell me about your journey to become a Judge in the Marin County Superior Court? ”Well it wasn’t a direct route. I worked at a litigation firm in SF for a bit. Then my husband and I represented several international clients who had invested in the US when the S&L fiasco hit. That was really interesting work on so many levels. The financial aspects were right up my alley and the cultural acclimation was fascinating. (Remember this was in the 80’s). It involved a lot of overseas travel, which I loved but didn’t work as well once we started our family. So I worked at Freitas, McCarthy, MacMahon, and Keating in San Rafael from 1993 to 2005 doing more “local” litigation and family law. Great people to work with. My friend Hon. Lynn Duryee urged me to apply to be a Commissioner in 2005. I was selected by the bench and found I really liked the work. After a few years, I applied to a judicial appointment.” Can you share an example of a particularly impactful event in your career that reaffirmed your commitment to the legal profession? “When I was a first year associate my supervising attorney sent me to Alameda County to handle a trial call. “don’t worry, it will not go out, just get a new date”. Well it did. I was on my own for a two week covenant not to compete jury trial. I was representing the plaintiff, who I really felt had been wronged. I remember sitting in a phone booth in the hallway (remember phone booths!) and the partner telling me to do my best. I think I went without much sleep for those two weeks, and it may have been a pity verdict by the jury, but my client prevailed and I felt the taste of justice. Pretty cool. When I was a commissioner I volunteered to handle the Prop 36 (a statutory drug court). It was a tough slog and I tended to run a tight ship, but so many individuals who were in the program would come up to me after they finished (sometimes years later) and thank me. It really made the hard work worth it. I still see some of those folks. It’s a great feeling of community.” Hon. Beverly K. Wood
Your leadership extended to support new endeavors, such as the Marin Community Court. Could you discuss how you navigated the challenges and achieved success in this endeavor? ”There are a lot of endeavors that I am very proud of. Judge Adams and I (mostly Judge Adams) worked together over the years to really improve our family and juvenile courts. They are now more integrated, more holistic, and provide opportunities and services for families that just did not exist. How did we do it? There was a lot of bridge-building between entities and with the help of volunteer attorneys and mental health professionals. MCBA members have been very generous.
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With respect to Community Court, that was a miracle. I was just a commissioner and the whole concept was initially not well received. That Court got off the ground by working with Legal Aid and St Vincents. The cost to the state was zero dollars. It was 100% volunteer –I handled it after my regular calendar, our court clerk (Hoang LeClerc) volunteered, we had a retired bailiff from SF who volunteered and of course, MCBA lawyers were there every step of the way. So the key to creating these programs? Collaboration, generous volunteers, and minimal financial impact.” You spent years in dependency court and juvenile court, working with struggling families and various agencies. Could you describe some of the challenges you have witnessed and the evolution of the court’s response? “I mentioned above the concept of creating a more wholistic approach. Generally, one had to handle each aspect of dysfunction separately—transgressions of a minor, abuse or neglect of a parent, dysfunction within the family system. I really believed that we could do better by addressing the family as a whole. First we created a unified family court so that the juvenile judge takes on the family law case. Next we created a dual status protocol so that a minor could be both a dependent and in the juvenile justice system. That way we can work on both the parents and the minors at the same time using the tools of behavioral health, children family services and probation at the same time. There is one judge who has all the information, who meets with the family regularly, and who makes (hopefully) consistent orders. We are in the process of starting a Dependency Drug Court which will provide even more services and management for parents whose children have been removed from their care. This has been a major shift in juvenile court here in Marin. We still squabble, but there is very much a team approach.“
What advice do you have for young legal professionals who aim to make a meaningful impact within the legal field and their communities? “Find something that interests you. Try it. Be it a volunteer opportunity or a field of practice. They may not be the same thing—but you might be surprised at how they complement each other. Would you share your thoughts regarding the greater legal community in Marin County? “Marin is the envy of other counties—the gold standard for our programs. Those programs depend heavily on our legal community. When I attend conferences with other judges and mention what we do they are amazed at our culture. Our legal community is generous beyond words. I also think there is a lot of genuine affection within the community and a good sense of mentoring younger attorneys.“ What follows your retirement? “I am going to take a few months off to rest, and maybe a bit of travel and grandparenting. In the Spring I plan on doing some family law mediations. I am not going to join any group but will work locally and lowkey. Judge Adams will do private judging so we get to continue our collaboration. I am going to do my best not to take on too many projects—a habit that is hard to break.“
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Board of Directors
Chelsea E. Heaney
Valerie G. Kushel
2023 Director
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VGK Law
Thomas M. McCallister
Mary M. Sackett
2023 Director
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Marin County District Attorney's Office
Marin County Supervisor, District 1
Neusha N. Ghaedi
Jeffrey G. Knowles
2024 Director
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DeMartini, Walker & Ghaedi LLP
Coblentz Patch Duffy & Bass LLP
Mary A. Stearns
Alexander S. Vahdat
2024 Director
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ExecutiveOfficers Board of Officers
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Scott Buell
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Buell Law and Mediation
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5-Year Past President
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