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6 | 2024 President’s Message
SCOTT BUELL
11 | Maintaining Wellbeing in the Practice of Law
KRISTINE FOWLER CIRBY
15 | Interview with Kristine Fowler Cirby, 2025 President of the Marin County Bar Association
INGRID CARBONE
20 | Community Violence Solutions: Supporting Survivors in Marin County, California
KRISTINE FOWLER CIRBY
25 | Ten Things You Should Know... About the Marin County Discovery Facilitator Program
MATT WHITE
29 | The 2024 Bay Area MCLE Conference KRISTINE FOWLER CIRBY
RENEW
Reflecting on a Remarkable 2024 for MCBA
Scott Buell
As 2024 comes to a close, so does my time as MCBA President. I can’t help but take a moment to reflect on what has been a truly incredible year for the Marin County Bar Association. From major accomplishments to building stronger connections among our members, this year has been nothing short of inspiring.
Serving as president has been one of the biggest highlights of my career, and I’m so thankful to have had this opportunity But let’s be honest the successes we’ve had this year weren’t because of me. They happened because of the hard work, dedication, and talent of the amazing people on our Board of Directors, our members, and our incredible staff. I feel lucky to have been along for the ride and to have seen firsthand what can be accomplished when we work together.
There were so many standout moments this year, but the one that stands out the most to me was recognizing Judge Verna Adams with the MCBA Lifetime Achievement Award. She is only the fourth recipient of this award and made history as the first woman to receive this honor. Judge Adams exemplifies intellect, dedication and integrity. Her impact on the legal profession—and beyond cannot be overstated Celebrating her many achievements was a proud moment for all of us, and it was a reminder of how much one person can influence our profession for the better. We can all draw inspiration by her incredible career.
Another big moment this year was welcoming two new Superior Court judges: Judge James Schurz and Judge Ahtossa Fullerton, who also happens to be our immediate past president. I had the privilege of getting to know each of them
better during the appointment process, and I have to say, we are incredibly lucky to have them. They bring such wisdom, heart, and integrity to the bench, and I can say with confidence that they are remarkable additions to our already strong Marin County bench
We also had a banner year for the MCBA Scholarship Fund. Thanks to the generosity of our members and supporters, we raised more money than ever before, which means we were able to provide critical support to law students These scholarships are not just about helping students financially, they’re about investing in the future of our profession. Thank you to everyone who contributed. Your generosity makes a real difference!
MCBA 2024 PRESIDENT SCOTT BUELL BEING SWORN IN BY HONORABLE ROY CHERNUS RET.
This year, we offered nearly 50 CLE programs, with standout efforts from the Family Law, and Estate Planning, Trust & Probate Sections, to name a few. Our annual MCLE Conference last month was another highlight. It offered something for attorneys at every career stage. Huge thanks to everyone who attended, as well as the Program Committee led by President-Elect Kris Cirby and our hardworking staff who made it all happen.
One of the things I’m most proud of this year is how we created more opportunities for members to connect with each other. Our first-ever free summer picnic at McNears Beach was a success. It was wonderful to see so many of you and your families come out to enjoy the sunshine, good food, and fun activities. I hope the picnic remains free and becomes a beloved tradition for years to come.
On top of that, the Barristers Section came back to life this year, offering some great social events for newer members. It’s been awesome to see fresh energy and enthusiasm from this section, and I’m excited to watch it grow in 2025.
This year, we made an exciting change by annualizing two of our awards: the Marin County Attorney of the Year Award and the Ann Diamond Young Attorney Award. These awards have existed for years, but they were only given out sporadically. Now, they’re a yearly tradition, and I think that’s fantastic.
This year’s recipients, Marin County Public Defender David Sutton (Attorney of the Year ) and Virginia Dalton Millacci, executive director of the Family & Children’s Law Center (Ann Diamond Young Attorney) represent the best of what our association stands for. They remind us that excellence isn’t just about skill it’s about dedication, heart, and making a difference. If you know someone who deserves to be recognized next year, nominating them is super easy; just head to the MCBA website.
We were thrilled to welcome our new Executive Director, Julie Cervetto, this year. She jumped right in, bringing fresh ideas about sponsorships and the organizational magic we needed to keep everything running smoothly. And of course, I have to give a special shout-out to Denise Belli, who continues to be a rock for this organization. Between Julie and Denise, the MCBA is in great hands.
Behind the scenes, we’ve been working to improve tools for our members, including the upcoming launch of our new Membership Directory. This new resource will make it easier to connect with colleagues, refer clients, and build professional relationships while also helping the public find and connect with the right attorneys for their needs. It’s a small but meaningful step toward fostering a more connected and collaborative legal community.
As I look back on this year, I feel a deep sense of gratitude; not just for what we accomplished, but for the people who made it all possible. To our members, Board of Directors, and staff: thank you for your passion, generosity, and commitment. You’re the heart and soul of this association.
While 2024 was an incredible year, I know the best is yet to come President-Elect Kristine Cirby is ready to take the reins, and I have no
doubt she’ll do an amazing job. I’m excited to see how she’ll build on this year’s successes and find new ways to support our members and serve our community.
Thank you all for being part of this journey with me. It’s been an honor to serve as your president, and I can’t wait to see what we’ll accomplish together in the years ahead. Wishing you and your families a joyful holiday season and a fantastic start to 2025!
MCBA President Scott Buell brings over three decades of legal experience to his role as a mediator in a wide range of civil cases including personal injury, property disputes, class actions, and business/ partnership disputes With a background as a public defender in New York City and as a civil defense trial attorney in the Bay Area, he offers a unique perspective and deep understanding of the legal landscape He serves as a pro tem settlement panelist in Marin County, Sonoma County and Sacramento County Superior Courts He is also a two-term former chair of the MCBA ADR Section.
Maintaining Wellbeing in the Practice of Law
Kristine Fowler Cirby
As the new year approaches and we consider our resolutions, it’s time to think about self-care. The legal profession is known for its demanding nature, long hours, and high levels of stress. Maintaining a healthy work-life balance is essential not only for personal well-being but also for professional longevity and success. While finding this balance can be challenging, there are practical strategies you can implement to create a healthier and more sustainable lifestyle.
Set Clear Boundaries
Creating clear boundaries between your work and personal life is vital to maintaining balance and avoiding burnout. Establish a fixed start and end time for your workday and commit to it to ensure that work doesn’t encroach on your personal life. Clearly communicate your working hours to clients, colleagues, and your team, setting expectations upfront to reduce interruptions during personal time Treat personal activities such as exercise, hobbies, or family time as you would any important meeting by blocking off time in your calendar and honoring it.
Learn to Delegate
Taking on too much can quickly lead to exhaustion. Delegating tasks effectively allows you to focus on high-priority work while ensuring everything gets done. Delegate tasks to qualified colleagues, paralegals, or administrative staff, empowering your team and creating a more efficient workflow. Consider outsourcing administrative tasks such as billing, scheduling, and document preparation to virtual assistants or automated tools, freeing up your time for strategic thinking and client interaction.
Prioritize Tasks Effectively
Effective time management is essential for maintaining balance and reducing stress. Organize tasks into categories such as urgent/important, important/not urgent,
urgent/not important, and neither urgent nor important to focus on what matters most. Break complex tasks into smaller, actionable steps to make progress without feeling overwhelmed. A helpful approach is to set a timer for 25 minutes of focused work, followed by a short five-minute break.
Use Technology to Your Advantage
Leveraging technology can help streamline your work processes and reduce the administrative burden. Tools like case management software can help you track deadlines, organize documents, and manage your schedule, automating routine tasks to free up time for more meaningful work. Remote work and flexible scheduling can also help you balance personal and professional responsibilities by creating a work environment that supports flexibility without sacrificing productivity.
Practice Mindfulness and Stress Management
Mindfulness practices can significantly reduce stress and improve focus. Incorporate brief, mindful breaks throughout your day a quick stretch, a walk, or deep breathing can help you reset. Daily meditation or deep breathing exercises can enhance mental clarity and reduce anxiety. Regular exercise, even a 30-minute walk, can improve mental and physical health, equipping you to handle work challenges effectively.
often spot when you’re out of balance, so ask for their input and take it seriously.
Develop Healthy Habits Outside of Work
Building a fulfilling life outside of work contributes to overall happiness and resilience. Engage in hobbies or activities that bring you joy and mental stimulation, providing a much-needed mental break from work. Ensure you’re getting adequate sleep and eating healthily, as your physical health directly impacts your mental performance and stress levels.
Seek Support When Needed
Be Realistic About Your Caseload
Overextending yourself can lead to mistakes and burnout. Being realistic about your workload is essential for maintaining quality and balance. Know how many cases you can reasonably handle without compromising quality and avoid taking on more work than you can manage. It’s also important to politely decline cases or negotiate deadlines when your workload is too heavy, prioritizing quality over quantity to benefit both you and your clients.
Prioritize Time for Family and Hobbies
Personal time is essential for maintaining a healthy work-life balance. Fully disconnect from work during personal time by avoiding emails or calls, ensuring you’re present in the moment. Schedule regular vacations and commit to taking a complete break from work. Time away allows you to recharge and return with renewed focus.
Regularly Evaluate Your Balance
Periodic self-assessment ensures you stay on track while maintaining balance. Regularly evaluate whether your current habits and workload are sustainable and adjust as needed to improve your well-being. Family and friends can
It’s important to recognize when you need help and to seek support proactively. Reach out to mentors or colleagues who understand the demands of the legal profession for valuable insights. If stress becomes overwhelming, consider working with a counselor, coach, or therapist who can provide strategies to help you manage effectively.
By adopting these strategies, attorneys can manage the demands of their profession while preserving their personal well-being. Creating a balanced life may require effort and adjustments, but the rewards both professionally and personally are well worth it.
The Marin County Bar plans to host more inperson events, including wellness activities, in 2025.
Kristine Fowler Cirby has dedicated the past 30 years to advocating for clients in all aspects of family law Prior to opening her own firm in 2019, she worked at the Family & Children’s Law Center for over 20 years, in a variety of capacities representing the indigent and survivors of domestic violence She
currently serves as President-Elect on the Board of Directors for Marin County Bar Association, and on the Rally Family Visitation Services Advisory Board She previously served on the Board of Trustees for the Marin County Law Library, and the Marin Women's Commission
Interview with Kristine Fowler Cirby, 2025 President of the Marin County Bar Association
Ingrid Carbone
Kris has been practicing law for 33 years. She received her BA in Law and Society from UC Santa Barbara and received her law degree from University of San Francisco. She is originally from Philadelphia but grew up in San Jose, California. She has resided in Marin County, where she currently practices family law, for over 30 years.
Kristine Fowler Cirby
What do you look forward to in being the president of MCBA?
I would like to create more in-person events to reinvigorate our legal community in Marin. While Zoom events are more convenient for all of us, they have created distance in our community. Many of us work as solo practitioners or get caught up in our own work if we work in a firm. It’s important to have social and educational gatherings where we can connect with our colleagues both in and out of our practice areas.
What made you want to become a lawyer in the first place?
When I was 7 years old, I loved Nancy Drew books and wanted to become a detective. Nancy Drew’s father had been an attorney, so my mom thought this would be a much more practical career and planted the seed In the 8th grade, I participated in a mock trial in my U.S. Govern-ment class. I was the defense attorney in a case where 2 teenagers were accused of throwing a Molotov Cocktail into a store.
The prosecution kept calling them “kids”, to which my teacher suggested that I object because “kids” are baby goats. I won that trial and kept going. I majored in law and society in college with a focus on political science because I briefly thought I would go into government. After taking the Impact of the Vietnam War class at UCSB, I volunteered at the local Vet Center and later interned with the Senate Veterans’ Affairs Committee in DC. While I didn’t end up taking that path, it has informed a lot of the civic work I have done outside of my practice, such as my involvement in MCBA.
As a lawyer, did you always want to practice family law?
No. I started out interning in law school at a firm that focused on business law. After law school, I worked for a small firm, and I was briefly assigned to the family law attorney. I was the go-to person for the research and investigation of a big, high-wealth case. However, after I passed the bar, I moved to a firm with a focus on construction defect law. I hated it. The client was a faceless fireplace manufacturer. I would attend giant settlement conferences and depositions where I would sit around all day waiting for fireplaces to be mentioned. I missed family law where I had a relationship with the clients.
You worked for the Family and Children’s Law Center for 20 years prior to forming your own practice. How did you become involved with them?
After I had my daughter in 1997, I realized that I could not balance my family life and work at my current firm where the billing requirements left little room for anything but work. I came back from maternity leave behind on my hours because I tacked a week of PTO to my leave. My boss wanted me to work weekends to make up the time even though I had an infant at home, so I left. After a brief stint doing contract work, I saw a posting for a staff attorney at Family and Children’s Law Center. The agency was one exit away from my daughter’s day care whereas my previous job had been in the city. This seemed ideal.
I took the job for practical reasons, but my purpose there quickly evolved when I realized how much I enjoyed being a champion for the underrepresented. I always wanted to help clients, but in a law firm, I was restrained by financials. For example, I had a case in the firm where the client clearly needed a child custody order, but the partner told me I couldn’t get it because the client owed them money.
At FACLC, they vigorously represented the people who couldn’t pay these firms. They are one of the very few resources for these folks in Marin so there was A LOT of work. On my first day at FACLC, they handed me a file and said I was due in court in 30 minutes!
Were you nervous?
I was However, as I was standing in line to check in with the court room clerk, the attorney ahead of me turned around and said, “You must be Kristine Cirby.” I was confused until she introduced herself as Verna Adams, who was then a practicing family law attorney and on the board of the agency. My nerves settled down when I realized what a welcoming community this was.
How long were you at FACLC before you became legal director?
Not long at all. The first week I was at FACLC, the executive director quit, and they hired a male interim director. After that, two employees quit because they didn’t want to work for a man. The board quickly realized that the executive director couldn’t do everything, and they needed a legal director as well. I was hired after being at the agency for only 6 months.
This was another big job, and I was nervous that it would keep me from being as involved with my family. My daughter was only 3 at the time, and I still had some PTSD from my law firm days. However, shortly after I was promoted to legal director, I was scheduled to go on vacation, and I was going to cancel. The board insisted that I go and even sent a fruit basket to the hotel.
In 2015, I was promoted to executive director, and I left the agency in 2019.
Why did you leave?
In 2019, my best friend from college had a massive stroke from the stress of her law practice. I realized that I had been under a lot of pressure running the agency and taking on a full case load. Shortly before my friend had her stroke, Rodney Johnson, a nowretired family law attorney, asked me if I ever thought of going out on my own and told me I’d be good at it. So, I started saving money and planning, and on October 1, 2019, I started my own firm.
What do you miss about the agency?
I miss the camaraderie of working with a team. We used to have lunch together daily to decompress. I also miss the number of people I was able to help. During my time at FACLC, I helped 300-500 domestic violence victims. I loved being able to help empower these clients in one of the darkest times of their lives.
Do you still take on domestic violence cases?
Yes, but not in the same numbers. This is really hard work. It helps that I can be more selective about the cases I take. At FACLC, I was stalked, harassed, and protested by opposing parties. At one point, I had to take out a workplace violence restraining order against an OP for myself and the staff.
Rumor has it you have represented death row inmates in their divorce cases.
At FACLC, we would get letters from inmates on death row asking for help with their divorce I ended up taking on 10 of these cases. I took them on because I didn’t feel comfortable giving them to my staff. I visited death row three times to visit clients. Two of these were contact visits, and the other was through the glass.
Were you scared during the contact visits?
Yes. I had to sign a waiver saying that if I was taken hostage, San Quentin would not negotiate for my release. For one of the contact visits, my client was in the Mexican mafia and had three teardrops on his face representing the number of people he had killed.
In another of my Death Row cases, the wife objected to the divorce in court because she was sure her husband would get out, and she would get a lot of money. These were very different than my usual cases. In one of my cases, we were negotiating spousal support paid as commissary funds.
So, how do you like having a solo practice after working in such an exciting and energetic setting?
I really enjoy the flexibility of selecting my clients and managing my workload. This has allowed me to get involved in the legal community in ways other than fundraising. I joined the Board of MCBA. Then, I joined the boards of Rally Family Visitation Services and Community Violence Solutions. I also work as a Judge Pro Tem for Bench/Bar Settlement Conferences.
I also like the diversity of my clients. I have had to use my experience as a business attorney when working with high-net-worth individuals, and I still take on some pro bono and low-fee cases.
What are your favorite cases?
I really like custody cases. I take on a lot of highconflict child custody cases. I like to try to lower the temperature in families I try to look at these cases from the child’s perspective and ensure that both parents are involved, whether I am representing mom or dad. I try to talk to my clients about the importance of having both parents, even if it’s just for limited contact.
You take on a lot of hard cases. How do you take care of yourself?
Mainly, I am really good at compartmentalizing. I honed this skill at FACLC. I am also a big fan of weekly therapy, and I do Pure Barre to relieve stress. Pre-Covid, I was invited to be part of a Facebook group of lawyer moms that grew from 1,000 members to 8,000. These women are attorneys from all over the country in all different practice areas. I have gotten to know these amazing women personally through FB events and annual trips. I have gone on 6 of these trips to places such as Chicago, Santa Fe, and Santa Barbara. It’s been really helpful to have a community of women who understand the challenges we face as moms and women in the law.
Community Violence Solutions: Supporting Survivors in Marin County, California
Kristine Fowler Cirby
Community Violence Solutions (CVS) is a nonprofit organization dedicated to supporting survivors of sexual assault and abuse, empowering communities to prevent violence, and fostering a safer, more equitable society. Serving Contra Costa and Marin counties in California, CVS offers a comprehensive range of services designed to support survivors, provide education, and facilitate systemic change. For attorneys practicing in Marin County, understanding the resources CVS provides is essential to offering trauma-informed legal advocacy and connecting clients with critical support.
24-Hour Crisis Intervention and Advocacy: One of CVS’s cornerstone services is its 24-hour crisis hotline, staffed by trained advocates who provide immediate emotional support, information, and resources to survivors. Advocates can accompany survivors to hospitals, law enforcement interviews, and court proceedings, offering reassurance and guidance during traumatic experiences. Attorneys working with survivors can coordinate with CVS advocates to ensure clients have emotional and logistical support throughout the legal process.
Counseling Services: CVS offers traumainformed counseling to survivors of sexual assault, child sexual abuse, and human trafficking. Individual and group counseling
Core Services Offered by CVS in Marin County
Attorneys representing survivors in family law or civil litigation cases can refer clients to CVS’s counseling services to help them manage the emotional challenges associated with legal proceedings.
Forensic Medical Exams: In partnership with local hospitals, CVS facilitates forensic medical exams for sexual assault survivors. These exams are conducted by Sexual Assault Nurse Examiners (SANEs), who are trained to collect evidence while providing compassionate care. Attorneys can educate clients about the importance of timely forensic exams for preserving evidence that may be critical in criminal or civil cases.
Legal Advocacy and Support: CVS’s legal advocacy services are particularly valuable for survivors navigating restraining orders, custody disputes, and other legal matters Legal advocates assist clients in understanding their rights, completing paperwork, and accessing court services. For attorneys, CVS can be a resource to streamline client support and enhance the survivor’s understanding of the legal process.
Human Trafficking Support: CVS operates a dedicated program to support survivors of human trafficking. This program includes crisis intervention, case management, and collaboration with law enforcement and legal professionals. Attorneys representing trafficking survivors can benefit from CVS’s expertise in addressing the unique needs of this population.
Community Education and Prevention:
Recognizing that prevention is key to reducing violence, CVS conducts educational programs for schools, workplaces, and community groups. These programs cover topics such as consent, healthy relationships, bystander intervention, and trauma-informed practices. Attorneys involved in community outreach or interested in enhancing their own trauma-informed skills can collaborate with CVS’s education team.
The Importance of Trauma-Informed Legal Practice:
Working with survivors of violence requires sensitivity to the impact of trauma on memory, communication, and decision-making. Trauma-informed legal practices prioritize the survivor’s safety, autonomy, and dignity. Attorneys can incorporate trauma-informed principles by:
Recognizing the signs of trauma and adjusting communication styles accordingly Providing clear explanations of legal procedures to reduce anxiety. Collaborating with organizations like CVS to ensure clients receive wraparound support.
Stories of Resilience and Hope
Two cases highlight CVS’s impact on individual lives:
R.J., A 13-year-old Latina survivor R.J. lives with her mom and her dad in the Canal area. The victim told her therapist that her uncle had touched her, tried to kiss her, and showed her pornographic videos. Following the disclosure to the therapist, the victim attempted to kill herself by drinking bleach. R.J. had a forensic interview at Jeannette Prandi Center, and CVS had an advocate attend the interview with R.J. and her mom. The family was grappling with the devastating reality that the offender was a close relative. While the uncle fled to Guatemala, CVS continued to assist the family through counseling
y emergency department that a minor was being brought in for a forensic exam, so she waited over 7 hours before being seen by the forensic examiner. The hospital failed to call CVS for an advocate to provide accompaniment services. CVS then arrived at the hospital for an advocate to provide accompaniment services.
Unfortunately, R.B. lacks adequate social/familial support, and her relationship with her biological parents and family has been strained due to her parents’ drug addiction and unsupportive behavior. There were concerns that she was at risk of being trafficked. The CVS advocate established rapport with R.B., who was delightful and was happy to have someone joining her care team who was understanding, compassionate, and nonjudgmental. The CVS advocate and R.B. met weekly to work on social-emotional awareness, as well as for ongoing case management. With CVS’ help, R.B. set safety planning and emotional awareness in place. R.B. has made significant progress.
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violence with critical services, from crisis intervention to counseling and legal advocacy. For attorneys, understanding and leveraging these resources can enhance their ability to provide compassionate, effective representation. Whether helping a client secure a restraining order, advocating for fair custody arrangements, or supporting a survivor of trafficking, attorneys can rely on CVS as a trusted partner in the pursuit of justice and healing. If you would like to donate to Community Violence Solutions, you can do so here.
Kristine Fowler Cirby has dedicated the past 30 years to advocating for clients in all aspects of family law Prior to opening her own firm in 2019, she worked at the Family & Children’s Law Center for over 20 years, in a variety of capacities representing the indigent and survivors of domestic violence She
currently serves as President-Elect on the Board of Directors for Marin County Bar Association, and on the Rally Family Visitation Services Advisory Board She previously served on the Board of Trustees for the Marin County Law Library, and the Marin Women's Commission
Ten Things You Should Know... About the Marin County Discovery Facilitator Program
Matt White
Civil discovery motions in the Marin Courts go to the “Discovery Facilitator Program” before being decided by a judge. Here are ten things you should know about the process.
1. What is the authority for this program?
The Discovery Facilitator Program was established by the court in 2012 as Local Rule 2.13. (1) Most of what you need to know about the program can be found in that rule.
2. Generally, how does it work?
Before the court hears a discovery motion, such as a motion to compel or a motion for a protective order, the dispute will be sent to a discovery facilitator appointed by the court. The facilitator will meet with the parties and try to resolve the matter without the need for court intervention. The mechanism is up to the facilitator; they can set up a conference call, inperson meeting, or any other means of communication and negotiation.
3. How do I get into the program?
Two ways. The first is voluntary. If parties agree, they may submit a stipulation via eFiling for referral to the program. (2) This tolls the time for filing a discovery motion until a party files a statement of non-resolution. 2.13(B)(1). The form for this stipulation is on the court’s website. (3)
The second method is mandatory. After a discovery motion has been filed, the court will refer the matter to the discovery facilitator program. There is no “opt-out” mechanism. During the facilitation process, the motion remains on the calendar.
Once a case has been referred to the program, the ADR coordinator will send each side a list of potential facilitators. Within ten days, the parties may agree on a facilitator, or each side may strike one name from the list. The coordinator will appoint a facilitator from the remaining options. Rule 2.13(D).
Note that good faith participation in the program satisfies the “meet and confer” prerequisite for filing a discovery motion. Rule 2.13(A).
4. Do I have to pay the facilitator?
Probably not The first two hours are free After that, if the parties want to keep going, they may agree to compensate the facilitator. Rule 2.13(F). In practice, many facilitators are willing to stay on beyond the first two hours without charge.
5. Does the facilitator make a recommendation or write a report?
At their discretion, the facilitator may prepare and submit to the court a report, but there is no requirement that they do so. The report may include a summary of the dispute and the parties’ contentions, “and any legal or factual analysis made by the Discovery Facilitator regarding the dispute.” Rule 2.13(H)(3). In practice, this means that the facilitator may make recommendations to the court as to granting or denying the motion, including imposition of sanctions.
6. Is the process confidential?
There is nothing in the local rule stating that the process is confidential. As the facilitator is allowed to prepare a report summarizing the facilitation process (see #5, above), this writer does not believe the process is confidential. In your dealings with the facilitator, be aware that what you say or do may end up in a report to the judge.
There is nothing in the rule that explicitly allows or forbids a facilitator from speaking with the parties separately. Because the facilitator is in effect mediating a dispute, it seems appropriate that they speak to the parties in joint and/or separate sessions. To be safe, the facilitator should probably discuss this issue with the parties jointly before engaging in any ex-parte communications on the merits.
8. Who lets the court know that the dispute has or has not been resolved?
If the dispute is resolved with a motion pending, the moving party must withdraw the motion within five days of the hearing or file a declaration explaining why they have not done so. Rule 2.13(G).
If the dispute is not resolved, each party must file and serve no later than five days before the hearing a pleading entitled “Declaration of NonResolution.” Per Rule 4.13(H)(1), “[t]he declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions.” If the declaration is filed less than five days before the hearing, the matter will go off calendar. Rule 2.13(B)(2). See the rule for specific captioning and other requirements.
If the hearing is dropped due to late filing, the moving party will have to re-notice and serve the motion.
9. How do I become a discovery facilitator?
Easy! Simply fill out the application available online at the court’s website. (4) You are eligible to serve if you are a retired judge or have been an attorney for at least ten years. Rule 2.13(C).
10. What if I still have questions?
You may contact the court’s ADR clerk, at adr@marin.courts.ca.gov (415-444-7040) or go to the ADR page on the court’s website.
Matt White, a principal of Monty White LLP, is a personal injury attorney and mediator. Matt has held every leadership position of the Marin County Bar Association, including election as President He was the president of the Marin Trial Lawyers Association and of the Inns of Court for Marin, Sonoma, and Napa counties
The 2024 Bay Area MCLE Conference, hosted by the Marin County Bar Association on November 19 and 20, brought together esteemed legal professionals to address pressing issues in law and society. From ethical complexities of artificial intelligence to the challenges of homelessness policies and threats to democratic institutions, the conference offered thought-provoking sessions and meaningful dialogue. Attendees gained fresh insights, explored innovative solutions, and connected with peers to discuss emerging trends in the legal profession.
Grants Pass Litigation: Implications for the Unhoused Population
The City of Grants Pass v. Johnson case marked a pivotal moment in constitutional law, permitting cities to regulate camping on public property without violating the Eighth Amendment. This Supreme Court decision overturned the Ninth Circuit’s ruling in Martin v. City of Boise, which restricted such ordinances Attorneys Howard Belodoff and Bradley Hamburger explored the case’s trajectory, emphasizing humane approaches to homelessness policies and innovative strategies to balance public order with the rights of the unhoused.
Forgiveness and Healing Conflict
Barbara Monty and Eileen Barker led a transformative session on the role of forgiveness in legal practice. Through personal stories and practical strategies, they demonstrated how forgiveness reduces stress and resolves conflicts. The discussion linked civility, emotional wellbeing, and effective dispute resolution, offering actionable steps for practitioners to integrate compassion into their work. Attendees left with tools to foster professional fulfillment and a more humane approach to legal conflicts.
Day 1 Keynote: AI and Ethics: Exploring Consciousness and Its Legal Implications
Joshua P. Davis delivered a keynote on artificial
intelligence’s (AI) ethical and legal implications, exploring whether AI could achieve consciousness and its effects on decision-making. He discussed AI’s limitations and theories of consciousness, urging legal professionals to align AI development with societal values. The session emphasized proactive engagement with AI’s ethical challenges, leaving attendees inspired to navigate this rapidly advancing field responsibly.
Dr. Sacha Joseph-Mathews’ session focused on recognizing and mitigating unconscious bias in the workplace. She highlighted biases in communication, leadership, and interactions influenced by societal norms. Offering practical tools to address these biases, the session empowered attendees to foster equity and inclusivity in their practices. The discussion underscored the importance of creating fairer and more effective work environments.
The Reclassification of Marijuana: A Shift in Policy and Practice
In May 2024, the Attorney General proposed reclassifying marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act. Attorneys Habib Bentaleb, Alison Malsbury, Lauren Mendelsohn, and Lara DeCaro analyzed the implications for the cannabis industry, offering insights into navigating legal and commercial changes The
Substance Abuse in the Legal Profession
David Mann’s session tackled the issue of substance abuse among attorneys, examining its causes and offering strategies for prevention and recovery. Mann shared a compelling case study, engaging attendees with practical tools for selfassessment and systemic solutions. The session emphasized fostering a supportive legal culture prioritizing well-being and professional competence.
Mental Health Well-Being in the Legal Profession
Moderated by MCBA Board Member Emily Harrington, this panel addressed mental health challenges unique to legal professionals. Christine O’Hanlon (also an MCBA Board Member), Diana Maier, and Rodney Johnson discussed balancing careers and personal lives, stress reduction, and fostering supportive workplace cultures. The session encouraged normalizing mental health conversations and building sustainable legal careers centered on self-care.
Reducing Conflict in Family Law Custody Cases
This session emphasized collaborative approaches to reducing conflict in high-stakes custody battles. David Donner, Paula Lawhon, and Dr. Stacey Shuster discussed alternatives to litigation, focusing on child-centered solutions. Attendees gained valuable insights into fostering healing and collaboration in family law.
Day 2 Keynote: David Jones on Climate Change and Insurance
David Jones, former California Insurance Commissioner, delivered a keynote on climate change’s impact on the insurance industry. He highlighted challenges from catastrophic events like wildfires and explored regulatory efforts to address rising premiums and coverage reductions. The session underscored the urgency of mitigating climate change and its far-reaching implications for legal professionals.
Understanding Home Equity for Retirement and Legacy Planning
Huma Rassouli and Spencer Scheer explored the SECURE 2.0 Act’s implications for inherited IRAs, emphasizing Roth IRA conversions as estate planning tools. They analyzed the tax implications and innovative uses of reverse mortgage credit lines to fund conversions, providing attendees with actionable strategies for retirement and legacy planning.
Robes & Robots: AI and Legal Disputes
This session on artificial intelligence (AI) featured experts from litigation and technology fields discussing AI’s transformative impact on legal disputes. David Simons, Joshua Stein, James Park, and Juan Pablo Sandoval highlighted AI’s ability to analyze vast data efficiently while warning of risks from careless reliance. Representatives from Harvey and DISCO showcased AI applications reshaping trial preparation and courtroom tactics, urging vigilance in ethical considerations.
Democracy in Chains
Nancy MacLean’s session explored radical right strategies to undermine democratic institutions, based on her book Democracy in Chains.
Moderated by Scott Buell, the presentation analyzed the long-term planning behind these movements and their influence on U.S. politics. Attendees left with insights into safeguarding democratic institutions and advocating for constitutional integrity.
As the 2024 Bay Area MCLE Conference concluded, attendees gained invaluable knowledge and six specialty MCLE credits.
Covering diverse topics from AI ethics to substance abuse, the conference encouraged meaningful dialogue on critical societal issues.
The Marin County Bar Association reinforced its commitment to equipping legal professionals with the tools and perspectives necessary for navigating an evolving world.
Kristine Fowler Cirby has dedicated the past 30 years to advocating for clients in all aspects of family law Prior to opening her own firm in 2019, she worked at the Family & Children’s Law Center for over 20 years, in a variety of capacities representing the indigent and survivors of domestic violence She
currently serves as President-Elect on the Board of Directors for Marin County Bar Association, and on the Rally Family Visitation Services Advisory Board She previously served on the Board of Trustees for the Marin County Law Library, and the Marin Women's Commission
MBCA Program Sponsors
Anthony Bettencourt
Bettencourt Legal PC
Jason Rossell
Pachulski Stang Ziel & Jones LLP
Mentoring Grp
If you are a current 2024 MCBA member, you can use the listserv to query your colleagues on legal updates, ask for recommendations for experts, share Court administrative processes, and use the platform to expand legal knowledge. To maintain engagement and sign-ups, we don't use the listserv for advertising, campaigning, or for public discourse To join the listserv Sign Up HERE Start using the listserv and email your message to current subscribed MCBA Members at mcba@groupvine.com or send to these specific practice
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THERE ARE MANY EXCELLENT REASONS TO BECOME A MEMBER OF MCBA! HERE ARE JUST A FEW:
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Executive Board of Officers Officers
Scott Buell
President
Buell Law and Mediation
Thomas M. McInerney
Treasurer
Ogletree Deakins
Lawrence Strick
5-Year Past President
Strick Law & Mediation
Julie Cervetto
Kristine Fowler Cirby
President-Elect
Cirby Family Law Offices
Neusha Ghaedi
Secretary
DeMartini, Walker, & Ghaedi LLP
David M. Zeff
Client Relations Chair
Marin County Bar Association
Emily Harrington
2024 Director
Maier Law Group
Mary A. Stearns
2024 Director Alternate Defenders Incorporated
Jeffrey G. Knowles
2024 Director Coblentz Patch Duffy & Bass LLP
David L. Winnett
2024 Director
Liuzzi, Murphy, Solomon, Churton, Hale & Winnett, LLP
Morgan H. Daly
2025 Director Law Office of Morgan Daly
Alexander S. Vahdat
2024 Director Berman Tabacco
Robyn B. Christo
2025 Director Epstein Holtzapple Christo, LLP
Shanti Eagle
2025 Director Farella Braun + Martel LLP
Lucie C. Hollingsworth
2025 Director Legal Aid of Marin
Ingrid L. Carbone
2026 Director Carbone Family Law
Roni D. Pomerantz
2026 Director
California Department of Justice
Marrianne S. Taleghani
2026 Director
Nixon Peabody LLP
Elisha J. Yang
2025 Director Hanson Bridgett LLP
Christine O‘Hanlon 2026 Director County of Marin
Maxwell V. Pritt
2026 Director Boies Schiller Flexner LLP
To involve, encourage, and support Bar Association members, to serve as a liaison to the Marin County Courts, to educate the community and enhance access to legal services.
