The Marin Lawyer June 2023

T H E M A R I N L A W Y E R

Editor: Valerie Kushel

June 2023

Guest Editors: Mary Sackett, David Winnett, Mee Mee Wong

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

Executive Director

Mee Mee Wong

Membership & Events Administrator

Denise Belli

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4 | Editor's Introduction

VALERIE G. KUSHEL

6 | 2023 President’s Message: The June Issue

AHTOSSA FULLERTON

9 | The Aging Attorney: When a Colleague is Impaired

DR. NANCY HOFFMAN

13 | Elder Abuse in Marin: A True Story and How It Got Resolved

CAROLYN ROSENBLATT

16 | Marin County Programs Collaborate to Protect Older and Dependent Adults from Abuse and Neglect

MARIN HEALTH AND HUMAN SERVICES & MARIN COUNTY COUNSEL'S OFFICE

19 | Structured Settlements

TANIS KELLY & JOHN DUDEK, SAGE STRUCTURED SETTLEMENTS

CONTENTS

23 | Everyone Needs Access to Estate Planning

BONNIE ROSS, LEGAL AID OF MARIN

25 | A Preview of the Marin County Court Case Management System

MARIN COUNTY BAR ASSOCIATION

27 | Judge's Corner: Sign Me Up: Our Need for Volunteers

HON. MARK TALAMANTES

29 | Recap May General Membership Meeting: Justice Fujisaki Stays Connected to The Past While Looking to the Future

LEILA K. MONGAN

34 | MCBA Member Profile: Get to Know Valerie Gerard Kushel

MORGAN DALY

37 | Food from the Bar Campaign

MARIN COUNTY BAR ASSOCIATION

The June Issue

Valerie G. Kushel

In this issue of the Marin Lawyer, we discuss a topic very near to me – the issue of aging. As an estate planning attorney, part of what I do is prepare foundational documents to plan for potential incapacity, and assist family members if a loved one with an estate plan becomes incapacitated.

and is asking our community to participate. Our Judge’s Corner from Judge Mark Talamantes who overviews the many volunteer opportunities available and encourages our Marin lawyers to re-engage (or newly engage) in volunteerism. Also, be sure to check out the President’s Message from MCBA President Ahtossa Fullerton discussing her thoughts on why retiring Marin attorneys should remain engaged with MCBA. Not to give spoilers – but volunteering is a great way for Marin attorneys to stay involved!

This issue addresses the topic of aging from a number of different angles. Nancy Hoffman addresses the important issue of when attorneys lose capacity. Carolyn Rosenblatt of AgingParents.com provides a true story about elder abuse here in Marin and how it was addressed. For a different perspective on the same topic, Marin Health and Human Services and the Marin County Counsel’s Office talk about their programming to protect older and dependent adults in our community. On the financial side, Tanis Kelly and John Dudek discuss Structured Settlements and other opportunities to defer income or settlement funds over time.

The good news for Marin attorneys is that there are many ways to become involved. Bonnie Ross at Legal Aid of Marin (LAM) is launching free estate planning clinics for older adults in Marin

Leila Mongan provides a summary of the March 30th General Membership Meeting featuring Justice Fujisaki and her amazing story. Lastly, MCBA Board Member Morgan Daly interviewed her co-Board Member, me!

lerie Kushel is an Estate Planning attorney d the founder of VGK Law She received an M. in Taxation from London School of onomics and J D from University of uthern CA She serves on the MCBA Board Directors and as past Co-Chair of the tate Planning Trust and Probate Section native of the Bay Area, she resides in Corte and and two sons

Thank You

2023 MBCA Program Sponsors

Gold Sponsors

The Trusted Real Estate Advisors for Probate and Income Property Sales

Silver Sponsors

Bronze Sponsor

Interested in sponsorship? Contact Mee Mee Wong

The June Issue

Ahtossa Fullerton

Like the river’s never-ending flow, time passes and with it, the number of days since birth. All living things have this in common. As humans, we are bestowed with the gift of self-awareness and consciousness. We have the ability to plan for our later years and set a goal to age with purpose and enrichment.

I often say I will never retire. With at least 20 years to go until it happens, it is difficult to imagine what I would do with myself if I were to stop working. My work is my hobby, and my own father passed not long after his retirement. This, I am sure, informs my desire to keep on working for as long as I can, hopefully postponing the inevitable physical and mental decline associated with aging.

In an article on MarketWatch.com, Jessica Hall writes about the impact retirement has on a person. It’s not just a paycheck and meetings we lose, we also reduce social interaction and complex mental challenges. Mitch Anthony, the author of “The New Retirementality”, says retirement results in a 30% reduction in shortterm memory. He describes boredom as a real thing. People need to keep productive, or there will be cognitive decline. “Use or lose it,” as they say.

However, most folks I talk to look forward to retiring, or at least they are content with the inevitability of retirement. And most people do, in fact, retire The question is what does one do to keep busy to avoid the tedium, decline, and depression that can result from aimlessness and a lack of purpose?

Fortunately, for Marin lawyers who have extra time on their hands, MCBA has plenty of opportunities to keep busy. MCBA provides a number of pro-bono benefits to the Marin community that ensure our neighbors have access to the legal work they need.

For those interested in learning and providing assistance regarding estate planning, Legal Aid of Marin has partnered with MCBA, Vivalon, and the Spahr Center to provide a series of estate planning clinics to provide basic estate planning documents to underserved individuals. The clinics include roles for both estate planning and non-estate planning attorneys and training for the latter is provided. You can learn more about this exciting project in Bonnie Ross’ article.

Lawyers in the Library takes place on the fourth Thursday of every month Volunteers sign up to provide a 20-minute session on a number of topics, including family law, estate planning, landlord-tenant, personal injury, employment, and general civil law. You might be surprised how effectively a brief meeting with an attorney can

quickly resolve an issue or address a need. Sign up here.

For those interested in litigation, mock trials can use scorers to rate and guide our young lawyers of tomorrow. Marin County has an excellent history of successful, hard-working, mock trial participants, who need experienced, levelheaded attorneys to judge their competitions. The next opportunity will be this Fall 2023. Look out later this year for emails from MCBA to volunteer for our teens.

MCBA has a great need for volunteers for the Modest Means Mediator or Fee Arbitrator program. The State Bar provides training by video for those interested. MCBA can use skilled attorneys to provide resolution for conflict in our community. Contact Mee Mee Wong at MCBA to learn more.

Upon reaching retirement age, some may be more than ready to step away from aspects of their jobs that were tedious or offered little fulfillment. At the same time, as we move into our golden years, it’s crucial to remain useful and productive, keep our brains active, and keep our memories whole and our spirits vitalized. MCBA has many opportunities to utilize our legal skills and our experiences by volunteering in our community.

Warmly

Ahtossa Fullerton

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.

SIGN UP SIGN UP

MCBA LEADERSHIP CIRCLE MCBA LEADERSHIP CIRCLE

Carole J. Gray Carole J. Gray

Paula Freschi Kamena Paula Freschi Kamena Valerie Gerard Kushel Valerie Gerard Kushel VGK Law VGK Law

Paul H. Nathan Paul H. Nathan Law Offices of Paul H. Nathan Law Offices of Paul H. Nathan

The Aging Attorney: When a Colleague is Impaired

Nancy Hoffman, PsyD

Americans are living and working longer than they ever have. According to the California Bar Association in 2020 there were 253,968 attorneys in the state. Of those attorneys, 189,971 are active with an average age of 50. They also note that 16% are over the age of 65. The likelihood of developing dementia doubles every five years after age 65. By 85, the risk is nearly 50%. These statistics suggest that it is more likely than not that you or one of your colleagues will develop cognitive impairment that will adversely affect the ability to function in multiple areas of life, including work.

Many Baby Boomers plan to work past the traditional retirement age for many reasons. Some have insufficient savings and cannot afford to retire; others love what they do and don’t want to stop. They enjoy the comradery and intellectual stimulation that comes from their profession. I have patients in my practice who continue to work part-time well into their 80s.

What is Dementia?

Dementia is an umbrella term that refers to a decline in cognition characterized by impairment in two areas of functioning that affect daily life. These areas may include memory, judgment, decision-making, abstract thinking, the ability to juggle information, attention and concentration, information processing speed, and visual skills.

There are many different types of dementia and each form depends on physiological changes as well as the area of the brain initially affected. Alzheimer’s is the most common type of dementia and starts in a brain structure found in the temporal lobes. The hallmark of this disease is memory impairment, but language skills are often the next area to decline. People may struggle to find words or use more words than necessary to communicate a simple idea. Behavioral variant frontotemporal dementia

variant frontotemporal dementia affects the part of the brain responsible for judgment and impulse control. This type of dementia usually occurs in mid-life and is often misdiagnosed as a psychiatric issue since it usually affects comportment first. Vascular dementia is the result of strokes or other insults to the veins and arteries of the brain and the symptoms depend on where in the brain the damage has occurred.

My father was a bankruptcy attorney who had multiple strokes in his 70’s due to severe, untreated sleep apnea, and he carried a diagnosis of vascular dementia. His behavioral changes primarily affected his frontal lobes and I witnessed firsthand the devastation that this condition caused. He gave away large sums of money to strangers, was convinced he would win millions in the lottery, made inappropriate comments, and made terrible decisions. He sued his law firm even though his friends and colleagues attempted to dissuade him. The topic of cognitively impaired attorneys is therefore of personal interest to me.

Successful attorneys tend to be highly intelligent and have a high cognitive reserve. This is like having extra money in the bank You can lose some, but it doesn’t really affect your financial picture. In cognitive terms, a loss of brain function will be less noticeable initially in someone who is highly intelligent and welleducated. And a person with good attentional and verbal skills can give the impression that they are functioning on a higher level than is actually the case.

The Illinois Lawyers Assistance Program (LAP) uses what they call the “MAP” approach to determine whether an attorney is showing signs of cognitive deficits:

Mood changes

Appearance changes

Productivity changes

MAP can be a good starting point for evaluating whether or not a colleague is impaired and needs an intervention.

The red flags of cognitive decline in an attorney may include:

Missing appointments, deadlines, and court filings

Poor hygiene

An increase in client complaints

Memory loss, repeating oneself, asking the same question multiple times

Forgetting conversations or the details of a case

Careless legal decisions

Decreased productivity

Irritability or other behavior changes including Inappropriate behavior

Depression or anxiety

Confusion about time and place

Getting lost in familiar places

Social withdrawal

Making inappropriate or insensitive comments

Difficulty juggling important information

Difficulty with planning and execution

Loss of motivation and/or initiation

Poor judgment

Even simple tasks can require a multitude of cognitive skills such as attention, memory, and reasoning. A cognitively impaired attorney puts themselves, their firm, and their clients in jeopardy, and their impairments compromise the integrity of the legal profession.

What to do if you suspect a colleague of being cognitively impaired?

Most people with cognitive impairment lack the insight to recognize that they need help or they may be in denial. It is unlikely that an impaired attorney will seek help independently

If you suspect a colleague of being cognitively impaired, there are steps you can and should take.

The first step would be for someone the person trusts to initiate a conversation about concerns and observations. There are reversible forms of cognitive decline, including delirium, thyroid malfunction, high levels of stress, a vitamin B12 deficiency, effects of medication, substance abuse, sleep deprivation, traumatic life events, and severe depression, so an evaluation with a primary care doctor or a neurologist is important to rule any of these issues out.

Present options, including a reduced workload, taking a break from the practice, or, if necessary, closing their practice. If the attorney does not agree to see their MD or neurologist, you can ask them to have a thorough evaluation by a neuropsychologist. This will help to elucidate their strengths and weaknesses and make recommendations based on their current level of functioning

If your colleague is still not cooperative, you may want to discuss potential adverse consequences of practicing law while impaired, including loss of reputation, a malpractice lawsuit, or even disbarment. The California Bar Association offers help through the Lawyer Assistance Program: 877-527-4435. “The State Bar of California’s LAP does not provide legal advice, but can discuss the problem, provide a free and confidential professional mental health assessment, and provide direction to the caller as to available services.”

If you’re unsure how to proceed, the State Bar of California has an Ethics Hotline: “The Ethics Hotline is a confidential research service for attorneys seeking guidance on their professional responsibilities.

To receive immediate research assistance, call the Ethics Hotline at 1-800-238-4427 (in California) or 415-538-2150. The Ethics Hotline hours of operation are Monday through Friday, 9:00 a.m. to 4:30 p.m.

The Capacity Worksheet for Lawyers can be found in the Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers, by the ABA Commission on Law and Aging and the American Psychological Association (2005). Although the worksheet is designed to help attorneys recognize cognitive impairment in their clients, it can be adapted to evaluate cognitive decline in a colleague. The book is free and can be found here.

Nancy Hoffman a geriatric neuroychologist in Northern California with a ensic practice focusing on the assessment capacity, undue influence, conservatorps, and elder abuse in older adults This ludes the evaluation of testamentary pacity, financial capacity, capacity to make medical decisions, & the capacity to live independently She specializes in the differential diagnosis of the various forms of dementia and their influence on capacity She serves as an expert witness and has testified on issues of capacity and undue influence.

FEEDBACK

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The Facts

This case study is about Sarah, aged 85. Sarah had lived with her boyfriend, Ron, for 15 years when this case arose. Ron had no assets. Sarah owned her home free and clear in a posh part of Marin, and she had a seven-figure investment account at her bank. She had developed severe cognitive impairment, and an inability to manage on her own finances over those 15 years Ron took ruthless advantage of her impairment. When he tried to manipulate her to withdraw $30,000 from her bank, he got caught and the bank reported him to APS and froze the account. APS did not do anything to stop the abuse, but Ron did not get the money Sarah had one son, Jackson, and he was informed of the attempt Ron had made. Jackson was our client.

When a client has an impaired elder with financial issues, we often ask to see the family's trust when the elder seems incapable of managing money. We focus on the incapacity clauses, and what options the drafting attorney built in. We see that many lawyers still use what we consider to be an outdated, dangerous drafting limitation: the “two-doctor” rule. That is

Financial elder abuse can go on unchecked because named successor trustees can’t get the elder removed as a trustee, even in the midst of clear financial exploitation The elder won’t resign. The “two-doctor” clause stops the successor trustee and aids the elder abuser. The predator has free rein. In this case, Ron was ripping off and neglecting Sarah as much as he wanted.

But Sarah’s lawyer was smart enough to understand the limitations of that two-doctor rule. She had added another protection, one novel and potentially life-saving. Her trust said that if Sarah was improperly held by anyone for a period of thirty days, the successor trustee declaring the same could assume the role of trustee.

Sarah needed to be evaluated for her cognitive impairment at Kaiser, her provider.

If she did not get two doctors’ evaluations, she would remain the sole trustee indefinitely. Ron could stop her easily and for as long as he wanted. Jackson knew that. He was her healthcare agent, in touch with Kaiser. He learned that Ron repeatedly had Sarah cancel all her Kaiser appointments. We guided Jackson on how to get the appointment rescheduled and he did.

Estate Planning Excellence

The added legal protection about incapacity in Sarah’s trust came into play at this point. Sarah had indeed been unlawfully held in her home by Ron for more than 30 days. The estate planning attorney obtained the declaration from Jackson attesting to that fact. That triggered Jackson being able to assume the role of successor trustee. He then took his certification to the bank With pressure from Sarah’s attorney and from us, the bank finally granted Jackson access to the account.

Meanwhile, Sarah still needed to see her doctor for evaluation and a diagnosis, to formalize her care planning. We had Jackson inform Ron in writing that he was coming to pick up his mom to take her to the doctor on the appointment day. All knew that Ron would likely try to stop it again. So, we planned ahead with law enforcement to have an officer accompany Jackson to Sarah’s home on the appointment day. Geriatric psychologist, Dr. Mikol Davis, from AgingParents.com also was present, in case of volatile emotional issues.

Drama

The day arrived. The officer and Dr. Davis went to the front door while Jackson waited nearby. The officer knocked, announced who he was, and asked Ron to open the door. Ron ignored

the request. Dr. Davis offered to coach the officer. They then went around to the back door where they could see Sarah, sitting in her pajamas. They knocked and asked her to open the door. Finally, she did, and the officer told her, with Ron present, that her son was there to take her to the doctor. Ron attempted to pressure Sarah that she didn’t have to go and urged her to refuse. The officer told Ron that he would put Sarah in an ambulance and take her if Ron kept interfering. Finally, Sarah got dressed and went

Jackson tried to visit his mother. Ron was clearly abusing and neglecting Sarah in many ways.

I worked with local counsel in obtaining witness declarations to support an Elder Abuse Restraining Order. The Motion was granted and Ron moved out, taking his guns with him. Ron never appeared in court and the restraining order was made permanent.

In the end, Jackson got the house cleaned up, and he moved in with Sarah to help take care of her At last report, all were doing well

Takeaways

If you do estate planning, learn from this case. The “two-doctor rule” as a sole means of determining incapacity is dangerous Smart additions and alternatives exist.

If you have a will and trust, check it. Amend as needed, so that you and your family will not be trapped by that sole, inadequate clause.

Restraining orders against abusers can end their manipulation of a vulnerable elder. It may take a team effort.

The team of a wise, involved estate planning attorney, consulting counsel, elder psychologist, and litigation counsel solved this problem for a dependent adult being abused in our own county.

arolyn Rosenblatt is a Registered Nurse d certified Public Health Nurse with a achelor of Science in Nursing from the niversity of San Francisco She worked in rsing homes and hospitals before moving o public health She made thousands of use calls to hundreds of elderly people and eir families She put herself through law school at USF while working as a nurse She understands your aging parent care issues firsthand

UPCOMING EVENTS

ADR SECTION MEETING (VIRTUAL)

Thursday, June 15th

12:00 PM-1:00 PM

1 0 ETHICS CLE

The Ethics of Growing a Mediation Practice

PROBATE & ESTATE PLANNING AND PROBATE LITIGATION SECTIONS MEETING (VIRTUAL)

Wednesday, June 21st

12:00 PM-1:00 PM

1.0 GENERAL CLE

Elder Abuse: How Marin County Agencies and Law Enforcement Investigate and Pursue Elder Abuse Claims

LITIGATION | REAL PROPERTY (VIRTUAL)

Thursday, July 13th

11:00 AM-1:00 PM

1.0 GENERAL CLE

Unveiling the Hidden Costs: Exploring the Consequences of Wrongfully Denied Requests for Admissions

MARIN-SF MIXER (INPERSON)

Thursday, July 27th

5:00 PM-8:00 PM

Annual MCBA and CalCPA

Midsummer Mixer

2023 MCBA MCLE CONFERENCE (VIRTUAL)

Tuesday, November 14-15

SPECIALTY CREDITS AND MORE Schedule of Speakers

Marin County Programs Collaborate to Protect Older and Dependent Adults from Abuse and Neglect

Marin Health and Human Services & Marin County Counsel's Office

Elder abuse is a growing problem in the United States and is projected to swell with the rapidly growing aging population. In Marin County, 29% percent - or nearly one out of every three peopleis an “Older Adult” defined as aged 60 years and over, and by 2030, 38% of Marin residents will be considered an older adult. The biggest increase will be among those over 85. According to the National Council on Aging, one in ten Americans over the age of 60 has experienced some form of elder abuse. This can take many forms, including physical abuse, sexual abuse, emotional abuse, neglect, self-neglect, and financial exploitation.

Marin County Health and Human Services, Aging and Adult Services is committed to preventing the abuse of older and dependent adults, and has several programs in place to address this increasingly common issue. Each of these programs takes on a different aspect of, or approach to, addressing elder abuse.

Adult Protective Services

One of Marin County’s primary programs targeting elder abuse is Adult Protective Services (APS). Run by the Department of Health and Human Services, APS investigates reports of abuse or neglect of older and dependent adults. APS works closely with law enforcement, medical professionals, and other community partners to respond to elder abuse reports. APS addresses many types of abuse, from the more frequently talked about financial and physical abuse, to lesser-known abuses like isolation, and self-neglect

If you suspect that someone you know is being abused or neglected, please contact APS. Anyone can report abuse by calling the intake line: 415473-2774. APS will investigate and take action to protect the victim This may include providing emergency shelter or medical care, arranging for

legal assistance, or working with law enforcement to bring criminal charges against the abuser. There are, however, limitations to what APS can do because it is not a law enforcement agency. APS does not do criminal investigations or make arrests, and they cannot remove people from their homes. It is important to note that the use of APS’ services is voluntary, and clients do not have to accept services even when abuse is confirmed.

Reporting elder abuse is not only the right thing to do - it is also required by law. California law requires certain professionals, including physicians, nurses, social workers, and law enforcement officers, to report suspected cases of elder abuse. Additionally, APS records are confidential social service records under the law, and can only be released to specific individuals working on elder abuse cases Records are not generally disclosed to the person who reported

the abuse or to the victim. APS will connect victims and their families with other local agencies and resources including the Public Guardian’s Office, Long-Term Care Ombudsman, Financial Abuse Specialists Team, and In-Home Supportive Services.

Public Guardian

Adult Protective Services also steps in when they find older adults, often with cognitive issues, who cannot manage for themselves and have no family or friends to help them. APS alerts the County Public Guardian – who will investigate and can petition the court to be appointed to act on behalf of an adult who can no longer manage their own personal or financial affairs due to cognitive or health issues. In these cases, a Probate Court judge appoints the Public Guardian as the responsible person to care for the impaired older adult who cannot care for themselves or their finances. The Superior Court provides oversight on all cases.

Marin Financial Abuse Specialist Team

Financial abuse is one of the most common types of elder abuse, and it can have devastating consequences for victims, including the loss of their life savings and the ability to support themselves. Within Aging and Adult Services, the Financial Abuse Specialist Team (FAST) is dedicated to protecting Marin’s older adult community from financial abuse. The team also addresses past cases of abuse by helping law enforcement investigate financial abuse and prosecute perpetrators. FAST performs detailed forensic accountings which can be used in the prosecution of these crimes

investigating, and preventing elder abuse. The FAST team also prevents financial abuse by staying informed about the latest scams and educating older adults and their families about common scams and frauds. FAST partners include Adult Protective Services, The District Attorney, the Public Guardian, and the Ombudsman's offices.

Long-Term Care Ombudsman

The Marin County Long-Term Care Ombudsman Program is an advocacy program designed to protect the rights of people living in licensed assisted living and skilled nursing facilities Every state in the U.S. is required to have an Ombudsman program as mandated by the Federal Older Americans Act. The Marin County Ombudsman program is part of the county’s Aging and Adult Services division, and their jurisdiction includes 47 residential care facilities for the elderly (assisted living), 11 skilled nursing facilities, and three continuing care retirement communities.

The team includes both volunteers from the community and public sector employees who provide training the community on recognizing,

promote the health and safety of residents.

Elder abuse is a serious problem in Marin County that only got worse during the pandemic. The increased reliance on technology combined with isolation left older adults more vulnerable than

community to be aware of these programs and to reach out when you are concerned about elder abuse. You may be able to prevent a client, or possibly your own parent or loved one, from becoming a victim of the next high-tech grandparent scam.

Structured Settlements

Tanis Kelly & John Dudek, Sage Settlements

How to Minimize Taxes and Create Lasting Financial Security

Long-term financial planning requires a balance between present needs and future goals. As trusted advisors, it is essential to understand the tax-advantaged tools that enable our clients to make informed decisions. Plaintiffs receiving a settlement, individuals involved in the sale of real estate or a business, and attorneys receiving contingency fees can all benefit from structuring their funds.

Structured settlements and structured installment sales offer fixed and market-based options to defer income or settlement funds over time. This deferral of a settlement or sale offers the benefit of reducing taxes while providing guaranteed growth on pre-tax funds. Structured settlements and structured attorney fees have become attractive solutions for attorneys and clients alike.

But First: What is a Structured Settlement?

A structured settlement provides periodic payments as opposed to a single lump sum. It can be funded using an annuity, a market-based structured settlement, or a combination of both. Structured settlements are routinely utilized to compensate individuals receiving personal injury, wrongful death, sexual assault, employment, or civil rights settlements. Structured settlements can also be used in some commercial, dissolution, and probate settlements.

Structured settlements were popularized more than 40 years ago and are codified in the Internal

Revenue Code. In 1982, Congress passed the Periodic Payment Settlement Act to encourage the use of structured settlements in physical injury and wrongful death cases. In 1997, Congress extended those tax-free benefits to the workers’ compensation arena with cases involving employees injured or killed on the job. For these qualified cases, structured settlements offer tax-free gains whereas other settlements can provide tax-deferred settlement proceeds.

Benefits of Structured Settlements

1. Guaranteed Income 1

One of the most significant benefits of structured settlement annuities is that they can provide guaranteed income at a competitive interest rate.

2. Tax Advantages

Structured settlements offer tax advantages. For attorneys and clients receiving a taxable settlement, it allows for spreading receipt of the settlement funds over several years which can minimize tax liability. It also allows for growth on pre-tax dollars. For clients receiving a tax-free settlement, the structured settlement allows for tax-free growth over time.

3. Customizable Payments

Structured settlement annuities offer clients the ability to tailor their payment stream to meet their specific needs. Payments are customized to

pay monthly, annually, or in lump sums and can also pay over a set period of time or for one’s entire lifetime

4. Estate Planning Benefits

Structured settlements offer estate planning benefits. If the client chooses to name a beneficiary for their annuity, the payments will continue to be paid out to that person after their death. Clients can also select joint lifetime payments to ensure their funds last for not only their entire lifetime but also their spouse’s lifetime as well.

5 Protection Against Inflation

The payments from a structured settlement annuity can be arranged to include an annual cost of living adjustment so that the payments increase each year.

Structured Installment Sales

A structured installment sale allows real estate or business sellers to cash out in a tax-efficient manner without needing to rely on the solvency of the buyer. A buyer facing a high capital gains tax could elect to spread the receipt of sale proceeds over time. By doing so, they not only reduce their overall capital gains taxes, but they also earn interest on pre-tax dollars. The

structured installment sale offers many of the same benefits as a taxable structured settlement in terms of long-term financial security and flexibility. The structured installment sale can also be structured through a fixed annuity, U.S.backed treasuries, or indexed annuities to capture potential market upside.

The structured installment sale has been especially appealing to retirees who are downsizing, business owners looking to transition and create steady retirement income, and children selling an estate who are looking to minimize capital gains taxes. Not all transactions are eligible for a structured installment sale Sales of inventory, stock or securities, depreciation recapture, and certain other transactions are specifically excluded under IRS Publication 537.

Structured Attorney Fees

For nearly 30 years, plaintiff attorneys have had the ability to defer their contingency fees See Childs v. Commissioner, 103 T.C. 634 (1994), affirmed without opinion, 89 F3rd 856 (11th Cir. 1996)

Structured attorney fees are funded with a fixed annuity, a market-based deferral, or a combination of the two options. The structured fees are taxable, but taxes are deferred until the income is received. In the meantime, the fees continue to grow pre-tax. Deferred fees are often used to stabilize income and complement a retirement nest egg. In fact, unlike most retirement vehicles, structured attorney fees are not capped, so plaintiff attorneys can defer unlimited amounts of income.

The Structure Process & Considerations

The ability to structure must be reflected in the settlement release and funded at the time of settlement by the defendant.

The defendant assigns their obligation to make future payments to a third-party assignment company, who then directs the funds to the chosen financial institution(s). Due to the assignment of future payments, the structured settlement or fee deferral doesn’t rely on the creditworthiness of the defendant.

With structured installment sales, it is helpful to communicate a desire to enter into a structure at the onset of the transaction. It is important that the buyer fund the structured installment sale directly and that the seller not come into constructive receipt of the funds.

1 | Guarantees are subject to the claims-paying abilities of the issuing insurance company Market-based deferrals are also subject to the performance of the selected market investments

Structuring proceeds from a settlement or business sale can be the key to lasting financial security Likewise, structuring attorney contingency fees can provide a stable source of long-term income At Sage Settlement Consulting, we offer comprehensive services and competitive options for your structured settlement, structured attorney fee, and structured sales needs Contact us today to learn more

Tanis Kelly tkelly@sagesettlements.com

Direct: (415) 715-7946

John Dudek jdudek@sagesettlements com

Direct: (401) 524-4022

Everyone Needs Access to Estate Planning

Bonnie Ross, Legal Aid of Marin

You might think estate planning is only for the most-wealthy of the top 1%. Maybe, you’ve heard there is an exemption currently allowing each of us to shelter almost $13 million from combined federal estate and gift taxes. So, it’s understandable why someone would be a bit surprised (maybe even confused or shocked) to hear that Legal Aid of Marin (yes, Legal Aid!) is partnering with Vivalon and The Spahr Center to create a series of free estate planning clinics for older adults.

These are valid concerns whether you have an estate of $100 million or $100. To build a more equitable Marin, Legal Aid of Marin (“LAM”) believes all residents deserve access to estate planning services. Furthermore, older adults who put their affairs in order and create valid estate plans are substantially less likely to become victims of financial exploitation and other forms of elder abuse.

Why would a Marin County senior who isn’t VERY wealthy need, or even want, an estate plan?

Here are a few reasons:

You want to make sure on your death your assets go where you want them to go.

You want to make a gift of personal property (such as a piece of jewelry with sentimental value) to a specific person.

You want your family and friends to avoid the expense and delays of probate.

You want to nominate someone to take care of your finances if you become incapable of doing so yourself.

You want to have a meaningful say in your future health care even if you become incompetent.

You want to nominate someone to care for a minor dependent.

You want to reduce the chances of infighting among your family and friends.

Despite all these benefits of estate planning, the unfortunate truth is that fewer than half of California adults have a will or other planning documents. When someone dies without a plan, the California intestacy succession laws (Probate Code § 6400 - 6414) govern what happens to their property. These laws are based on a set of assumptions about people’s values and relationships. Sometimes, this works out just fine. For example, a married couple with two children, no step-children, and only community property might fare quite well, as long as both spouses want to leave everything to the surviving spouse and, if the spouse has predeceased, then everything equally to their children. But as we all know, families come in all shapes and sizes these days. And sometimes the result under the probate laws of intestacy succession can be disastrous. Take the example of a couple in their seventies who have been together for 20 years but never married or entered into a CA domestic partnership agreement. Since California does not

recognize common law marriage, if one of them dies without a will, all of that person’s property could go to a distant relative rather than the long-term partner.

With a generous grant from Marin County through Older Adult Recovery and Resilience (OARR) funding initiatives, Legal Aid of Marin will hold a minimum of four estate planning clinics this year. These will be full-scope estate planning opportunities, where each participant will meet one-on-one with an experienced estate planning attorney and leave the clinic with fully executed documents. In most cases, this will include a will, durable powers of attorney and a health care directive. Sometimes, participants will create a trust. Additionally, participants will receive resources and education around elder abuse and consumer fraud. And the entire program, including notarizing documents, is completely free to Marin residents age 60 and over

Initial intake interviews and the clinics themselves will be held at Vivalon and The Spahr Center. By partnering with two of Marin’s longstanding service organizations, the clinics are designed to meet low-income, older adults in their own communities, where they live, work and socialize. Members of the LGBTQ communities are being prioritized since they particularly are at risk of having testamentary interests that don’t align with the Probate Code’s laws of intestate succession. LAM’s partnerships with Vivalon and The Spahr Center ensure that the most vulnerable in our communities will be served by this project.

As far as LAM has been able to determine, this program is the first of its kind in the Bay Area in terms of individualized planning and depth of services that will be offered, as well as the number of residents who will be served. Not only will these clinics significantly benefit Marin

residents, but they could also serve as a model for other counties in California.

This is an ambitious project, and it will succeed only if local attorneys step up and join LAM’s efforts. If you have some background working with wills or in probate or probate litigation, LAM needs your help. Please consider sharing a little of your time as a volunteer estate planning attorney on this project and help to make Marin the equitable and fair place we all envision. The clinics are designed to require only a limited time commitment (likely, less than 2 hours per participant), and estate planning attorneys will have maximum flexibility to meet with the seniors virtually at a time convenient for the volunteer attorney. Attorneys with no estate planning experience are also greatly needed.

LAM will provide training and the opportunity to work one-on-one with participants. Attorneys will be eligible for CLE credit From the moment

LAM and its partners began outreach for this program, the demand has been tremendous. Older adults recognize they need these services.

LAM is hoping for a robust response from MCBA members to meet this demand.

If you’d like more information on LAM’s estate planning clinics, or to volunteer, please contact Bonnie Ross. bross@legalaidmarin.org Direct: 415-492-0947

ie Ross is an attorney consulting for Aid of Marin For more than 13 years, racticed law at leading San Francisco irms, first at Brobeck, Phleger and on and then at Howard, Rice, rovski, Canady, Falk and Rabkin Her ce focused on estate planning, planned g g, and taxation of exempt and charitable organizations. Bonnie has published numerous professional articles and was a speaker before the American Bar Association, the California Bar Association, the UCLA Tax Institute, and CEB, among others She was an adjunct law professor at Hastings College of the Law and at USF Law School

GENERAL MEMBERSHIP MEETING

A Preview of the Marin County Court Case Management System

Presiding Judge James Chou and Court Executive James Kim introduced the CMS system and the timeline of the e-portal launch dates. Special thanks to team members Sharry Shumaker, Chief Operating Officer, Adam Creiglow, Chief Informational Officer, Narendra Mamidi, Project ManagerCase Management System, and Hospicio A. Yballe III, Case Management System Coordinator.

• The Case Management System has several tabs to access filings, history status, and documents.

• The E-Delivery system was launched as an optional alternative to delivering your documents to the court by mail, drop box, or in person.

• E- Delivery is not to be confused with E-Filing. E-Filing will be rolled out in late December or early 2024 and it will be through third parties.

• Questions from attendees on E-Delivery should refer to Link on Court Website. Guidelines to E- Delivery

• To use the e-portal, the attorney of record must register with their STATE BAR Number.

• The attorneys on record can access digitized records.

Click Here for a Recording of the Court Update. Click Here for the Handout.

Marin County Bar Association

Sign Me Up: Our Need for Voluneers

Hon. Mark Talamantes

Allow me to take a moment to say thank you. And to express just how grateful we are to the Marin County Bar Association (“MCBA”) for volunteer attorneys. Our small but mighty court would not operate as effectively without help from the talented MCBA lawyers who volunteer.

Volunteering with the court, and also volunteering as a pro bono attorney within the legal community, allows MCBA members to not only connect with people in need of legal guidance but also to interact with members of the community. Not only does it feel good to help those in need, but lawyer volunteerism promotes broader access to justice. With so many people in need of legal assistance, MCBA members have many options to contribute in a meaningful way as a volunteer.

Volunteerism is an excellent way to build a reputation as a talented lawyer who cares about the community. Volunteer lawyers network with other equally talented lawyers, and volunteering is a good way to help lawyers feel good about being a lawyer.

For litigators who want to become mediators or judges, we have a couple of programs that you may find of interest. I recall back in the olden days when I was a lawyer, I volunteered as a settlement conference panelist on several complex employment cases that were set for trial. As a panelist, I gained invaluable experience by stepping out of the role of an advocate and into the role of a neutral. I’ll never forget the sense of accomplishment I felt helping parties both save fees and avoid a risky jury trial by helping to settle their case.

Before the COVID-19 pandemic, the court offered lawyers many volunteer opportunities. Now that the health emergency is ending in

Marin, our hope is that more members of the MCBA will return to the court and volunteer. I can tell you there is a great need for volunteers.

Here is a non-exhaustive list of volunteer opportunities at the court available to MCBA members:

• The Bench Bar Committee. The Bench Bar Committee is an MCBA Committee that meets once every quarter and includes members of the MCBA and a bench officer from each of the four divisions (Family, Civil, Criminal, and Probate/Trusts). The purpose of the Bench Bar is to create and implement programs that improve how our court operates within each practice area. If you’re interested in learning more, please send an email to David Winnett.

• Bench Bar Settlement Conferences (“BBSC”) in the family division. The BBSC program provides overwhelmed parties with one pre-trial settlement conference involving a Judge Pro Tem and two highly skilled panelists from the MCBA family section; that is three skilled lawyers from our community who attempt to settle one case. If you would like to apply to be a panelist, please send an email to Cathi Larson, to begin the application process.

Court-Appointed Temporary Judges Under CRC 2.810-819. A Judge Pro Tem is an attorney who has satisfied the requirements for appointment under the rules of the court and has been appointed by the court to serve in that capacity. An experienced lawyer with a civil background who becomes Judge Pro Tem can preside over small claims trials; an experienced lawyer with a family law background can preside as a Judge Pro Tem in Bench Bar Settlement Conferences.

• Discovery Facilitator Program. For discovery disputes in the civil, probate, and family departments, any unresolved discovery motion is forwarded to a discovery facilitator panelist for resolution prior to court review. Each panelist must be licensed for at least 10 years. If you would like to apply to be a panelist, please email Cathi Larson, to begin the application process.

• Interdisciplinary Settlement Conferences (“ISC”) regarding child custody. An ISC involves the participation of two volunteer panelists, one a family law attorney and the other a mental health professional experienced in parenting disputes, who assist the judicial officer in working with the parents to settle a parenting dispute. If you practice family law and would like to apply to be a panelist, please send an email to Cathi Larson, to begin the application process.

• Mandatory Settlement Conference Program. For any civil and probate dispute, the court conducts a Mandatory Settlement Conference. Some matters are resolved with the assistance of a settlement conference panelist, who must be licensed for at least 10 years. If you would like to apply to be a panelist, please send an email to Cathi Larson, to begin the application process.

• Minor’s Counsel. Family Code §3150 permits the court to appoint private counsel to represent

the interest of a child in a custody or visitation proceeding. Counsel appointed by the court is charged with representation of the child’s best interest. See, CRC 5.242 for the education, training and experience requirements. If Minor’s Counsel is appointed by the Court, the hourly rate is $90.00.

• Pro Per Tuesday Afternoon Calendar for petitions of dissolution of marriage/ separation/ parentage. These three family departments first, second, and third Tuesdays of the month at 1:30 p.m. Prior to the COVID-19 pandemic, volunteer attorneys from the MCBA family division participated in assisting pro per litigants with their questions. Stay tuned regarding when this program will begin again.

• Unlawful Detainer Calendar. Volunteer opportunities on the civil unlawful detainer calendar are through Legal Aid of Marin representing low-income individuals who meet income guidelines. If you would like additional information, please contact Legal Aid of Marin at (415-492-0230)

When I participate in statewide judicial conferences, I get to brag to other judges about how many volunteers we have in our courts every week. It really is amazing. And I don’t mind boasting about the quality of our bar to other judges. Again, thank you. We are very grateful.

ior to his appointment to the Superior Court on. Mark Talamantes spent his entire legal reer in private practice After briefly acticing as an associate at the law firm ooke Oliver, and Associates beginning in 97, he entered into solo practice. At the me of his appointment to the bench, he had rved as a managing partner at Talamantes P since 2004. During his tenure in private s specialized in wage-and-hour law, specifically representing low-wage Latino laborers such as janitors, housekeepers, and farm workers

GENERAL MEMBERSHIP MEETING

Justice Fujisaki Stays Connected to The Past While Looking to the Future

Leila K. Mongan

Upon visiting Justice Carin T. Fujisaki’s chambers in the California Court of Appeal, you will encounter three items on the wall. They have framed documents from the Justice’s parents’ time as children in a Japanese internment camp during World War II, including a crayon drawing of the camp made by her mother, a war identification card, and a document showing the education her mother received at the camp. Justice Fujisaki displays these items prominently on her wall because she does not want to forget her parents’ experience of being sent to the camps and the hardships they endured there.

Her parents were eventually released from the camps, grew older, got married, and had children of their own, but the memory of that indignity always stayed with them. Justice Fujisaki saw the lingering effect of their experience when, as a child, her parents encouraged her to assimilate rather than embrace her Japanese cultural heritage. She felt it when they described their shame at being mistreated by their adopted country solely because of their race. She saw it when she watched her father go into public

service and become a judge in Los Angeles. And now, every day, she remembers it when she arrives at work as an Associate Justice on the Court of Appeal. Throughout her life and her work, she carries this unique perspective.

Career Highlights

Like many young attorneys, Justice Fujisaki began her career at a large law firm, where she practiced civil litigation and pro bono work.

Collaborating with supportive colleagues, she learned a great deal, and very much enjoyed the work She then accepted a position on the Central Staff of the California Supreme Court, where she screened civil petitions for review and wrote memos advising the Court whether to accept the case. The memos evaluated whether a particular case presented a legal issue of statewide importance and whether it was a good vehicle for addressing it. Justice Fujisaki enjoyed that this role, unlike her prior role as an advocate, allowed her to contribute to the development of the law. After serving on the Central Staff, Justice Fujisaki worked as a staff attorney for Justice Baxter on the same court She found herself quite at home with the significant writing, legal research, and record review this role required.

Upon her appointment to the Court of Appeal, Justice Fujisaki gained a new appreciation for the number of legal issues that remain unresolved in California; and, since the Supreme Court hears only a subset of cases, for the proportion of the law that is determined by the Courts of Appeal. She has also come to appreciate the volume of cases that come up from the trial court, and the deferential standard of review that the trial court’s judgments warrant, given their proximity to the witnesses and evidence. No matter what case she is working on, Justice Fujisaki always takes care to apply the law consistently, so that the application of the law is equal, and never results-oriented.

Throughout her career, Justice Fujisaki has developed a keen sense of what makes a good practitioner. She advises attorneys to strive for excellence Briefs should be well-written, including citations to the record, and should not mislead or extend beyond the record. She appreciates legal research that is relevant and focused; and advises practitioners to refine their

arguments in response to the court’s tentative opinions or focus questions. Finally, Justice Fujisaki encourages good manners, and respect toward opposing counsel.

attorneys who are seeking meaningful guidance. Justice Fujisaki appreciates that being an Asian American Justice may help young Asian attorneys realize that they, too, can aspire to achieve prominent levels of the profession. And she appreciates that being a person of color, while it cannot affect the application of the law, may provide context in certain factual situations.

Justice Fujisaki is also a member of the California Judicial Council. As the policymaking body of the judicial branch, the Council is responsible for ensuring equal access to justice and for overseeing its administration, through five

HON CARIN T FUJISAKI

committees: Budget Committee; Legislative Committee; Rulemaking Committee; Technology Committee; and Litigation Committee. Justice Fujisaki believes that the diversity of voices on these committees – different backgrounds, practices, geographic locations within the state, and urban or rural experience – is integral to the Council’s mission of leveraging resources to benefit all of California. Justice Fujisaki also served on a workgroup reviewing administrative standards, which included addressing bias in administrative proceedings Its primary focus was

different backgrounds, to apply to serve on one of the committees of the Judicial Council. Applicants should demonstrate good judgment and a collaborative spirit. You may find, like Justice Fujisaki, that your own experiences have left you with a unique perspective that can enrich your own practice, as well as the broader legal community.

a K. Mongan sits on MCE’s Board o ctors, is a member of the Climate mmittee of the Marin County Council o ors & Councilmembers, and participates everal local initiatives in support of a more table Marin In 2010 she moved to Corte era with her husband Mike, who grew up ausalito. They have two young children, spent most of her career as an attorney an Francisco City Attorney’s Office, where she worked on litigation and advised city officials and boards on their legal responsibilities In 2019, Leila left to spend more time with her kids In recent years, she has focused her efforts on volunteering, writing a memoir, and being active in the lives o her children

Cole Benhow

Hanson Bridgett LLP

cbenhow@hansonbridgett.com

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Hanson Bridgett LLP rcampbell@hansonbridgett.com

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Wendy Macy wmacy@sfwater org

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Kayle McLorg

Farella Braun + Martel LLP kmclorg@fbm.com

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VGK Law

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NEW MEMBERS

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Hanson Bridgett LLP

mwalizadeh@hansonbridgett.com

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MCBA DIRECTORY

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If you are a current 2023 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 areas:

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THERE ARE MANY EXCELLENT REASONS TO BECOME A MEMBER OF MCBA! HERE ARE JUST A FEW: NETWORKING

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EDUCATION

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Get to Know Valerie Gerard Kushel

Morgan Daly

Valerie Kushel runs a successful estate planning, trust administration and probate practice based in San Rafael. She has been a member of MCBA since 2018, and Director since 2021. She lives in Marin with her husband and two young children. Morgan Daly, fellow board member, interviewed her.

Where did you grow up?

I was born and raised in the Bay Area, near Burlingame. I went to UC Berkeley for my undergraduate degree and I attended law school in Los Angeles, at the University of Southern California. I also received a Master's in Tax Law from the London School of Economics. After Law School, I moved back to the Bay Area and settled in Marin County.

What's another area of law you'd like to practice, but don't?

It would be fascinating to practice criminal law, especially in the Public Defender's Office.

What’s a skill– something you’re good at – that people would find surprising?

I’m a certified speed reader. In college, I actually took a full-day speed-reading class.

That’s an impressive skill to have in your back pocket. Still, you must work really hard, what is your go-to strategy to unwind?

I’m a classic extrovert, so I unwind by being social. We love to host get-togethers for our children’s friends and their families and have friends over for no-cooking dinner.

So you’re a people person. Is that why you chose Estate Planning?

Yes! I love working with people. Estate planning allows me to play a big role in helping people and families make important decisions that will impact their lives and ultimate their legacies.

Working so closely with people, your practice must hav

During the early part of COVID, there was a sense of urgen ly, there was a lot of creativity around signing and notarizing d t to meet in person. Things are mostly back to pre-COVID times, though I’ve seen a 30% increase in Zoom meetings.

Valerie Gerard Kushel

Wow. Offering people reassurance during those early months of Covid must have been especially meaningful work What do you find most fulfilling about your practice?

What is something about estate planning that people should worry about, but aren’t?

Capital gains tax. Everyone worries about the estate tax. With the current gift and estate tax exemption at nearly $13M, the estate tax is less of an issue for many families. However, outdated trust structures could expose families to capital gains tax.

You have an LLM in tax - I bet that comes in handy

It really does! There are so many tax considerations when it comes to estate planning that having a tax mindset is critical to advising my clients in the best way possible.

You’re also a mother of two. What skills or experiences from your personal life best enhance or inform your practice?

Listening is a very important skill for an estate planning attorney Every individual and every family has different needs, and it’s so important to listen to your clients and have a strong understanding of their goals and intuition for how best to help them. It’s also important to bring intellectual curiosity to working with clients. An estate plan is someone ’ s legacy and it’s important that people share, and I hear their story.

You make balancing parenting and running a law practice look easy. What’s your secret?

There’s a secret? Can you tell me? I don’t have much time, so I try to make the time I have impactful whether it’s at the office or with my family. This means that I go into the office during the week. When I’m at the office, I am always busy and try to be efficient. When I’m not working, I’m very guarded with my time.

MCBA MEMBER PROFILE

You’ve worked at a large firm and a small firm before venturing out on your own. How did you decide to take that leap?

When my oldest son was 15 months old, I opened VGK Law. I was working for a small firm at the time, and I found that I wasn’t getting the autonomy I needed as a mom and lawyer. It was very overwhelming. I decided that the only way to get that autonomy was to be my own boss.

I know that you became involved with the MCBA as Co-Chair of the Estate Planning, Trust and Probate Section, and you increased your involvement in 2021 when you joined the Board What do you like most about being involved with the MCBA?

I feel so lucky to be an attorney in Marin. I opened my own practice in 2018, and I feel continuously buoyed and supported by the legal community in Marin. Though I have a solo practice, I feel a lot of collegiality in the Marin legal community. I’m lucky to have found wonderful mentors through MCBA as well as friendships.

We all appreciate your service

What else has been key to your success in founding your own firm?

I think one key to success is to really appreciate your clients. I’m so grateful for the clients that enable me to earn a living doing work that I love. I’ve also been incredibly fortunate to have fantastic mentors. Deborah Breiner, John Grey, and Wanden Treanor have been so generous with me and I’m forever grateful to them.

What are the challenges and benefits of having your own firm?

The challenge is that it’s very difficult to turn off the work I work nights, weekends, and holidays If something needs to get done, I am the one to do it. The benefit is that I set my own schedule. I can schedule time in my calendar to volunteer in my oldest son ’ s kindergarten classroom or go to the family Shabbat at my

Food from the Bar Campaign

For over 30 years, the legal community has come together to help end hunger in San Francisco and Marin by supporting the SF-Marin Food Bank through their annual Food From the Bar campaign

The Food Bank’s mission is to end hunger in San Francisco and Marin, where even before the pandemic, 1 in 5 neighbors was at risk of hunger. Together, we can ensure our neighbors don’t have to worry about where their next meal will come from. For every $1 you give, the Food Bank can provide 2 nutritious meals to our neighbors in need. The Food Bank is facing an unprecedented challenge to support the growing number of neighbors who are facing food insecurity. The Food Bank is currently serving almost twice as many households compared to before the pandemic.

Please donate whatever you can to support our community. The easiest way to donate is directly through the link below, which will take you to the Marin County Bar Association’s contribution page.

Together we can help our most vulnerable neighbors. Thank you so much for supporting the Food Bank during the 2023 Food From The Bar campaign!

DONATE HERE Through MCBA Team Page

Marin County Bar Association

Board of Directors

Chelsea E. Heaney

2023 Director

Vance & Wills, P C

Thomas M. McCallister

2023 Director

Marin County District Attorney's Office

Neusha N. Ghaedi

2024 Director

DeMartini, Walker & Ghaedi LLP

Mary A. Stearns

2024 Director Alternate Defenders Incorporated

David L. Winnett

2024 Director

Liuzzi Murphy Solomon Churton Hale & Winnett LLP

Morgan H. Daly

2025 Director

Law Office of Morgan Daly

Lucie C. Hollingsworth

2025 Director Legal Aid of Marin

Valerie G. Kushel

2023 Director

VGK Law

Mary M. Sackett

2023 Director

Marin County Supervisor, District 1

Jeffrey G. Knowles

2024 Director

Coblentz Patch Duffy & Bass LLP

Alexander S. Vahdat

2024 Director

Berman Tobacco

Robyn B. Christo

2025 Director

Epstein Holtzapple & Christo

Shanti Eagle

2025 Director

Farella Braun & Martel LLP

Elisha J. Yang

2025 Director

Hanson Bridgett LLP

Executive Board of Officers Officers

Ahtossa P. Fullerton President

Wasacz, Hilley & Fullerton LLP

Kristine Fowler Cirby Treasurer

Cirby Family Law Offices

Robert Rosborough Past President Monty White LLP

Scott Buell President-Elect Buell Law & Mediation

Thomas McInerney Secretary

Ogletree Deakins

Mary McLain

5-Year Past President McLain Mediation

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.

MISSION STATEMENT

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