January/February 2013
2013 SCBA President
Bruce M.Timm
www.sacbar.org
Cover photo by Mary Burroughs
Founders Honored at Unity Bar Association’s 25th Anniversary Gala Sacramento Lawyer Lore: The Ever Moving Bunmi Awoniyi
Editor’s Message
An Interesting Year Ahead By Jack Laufenberg
T
hank goodness for January. If I had to eat one more piece of rum cake, pumpkin pie, apple crostata, candied almonds, cheese cake, peppermint bark or chocolate covered anything I think I would explode. It’s a wonder I can move at all after the holidays. Oh, well. I’ll just head back to the gym. Swim a few extra laps. Get my head on straight. Eat a bran muffin or two (ugh!). And do it all over again next year. This should be an interesting year for the bar. We not only have a new bar president, Bruce Timm, but a new executive director, Larkin Chenault. Larkin comes to us from the 8,700-member Connecticut Bar Association, where he served as the executive director since 2009. Prior to that, he served 25 years as the executive director or
assistant executive director of a number of state and local bar associations, including the Michigan and Kentucky State Bar Associations.
build on the past good works of the previous administration and to chart a path to meet the challenges of the future. I know Bruce would like to start a mentoring program for young lawyers, while Larkin would like to explore the possibility of providing low-cost legal research services to members. Both would like to grow membership, expand revenues, and improve benefits, but tough economic times may test their imagination and ingenuity. Still, their combination of youth and experience should make for a formidable team. Here’s wishing them the best of luck!
With that kind of experience, you can’t help but wonder what new and exciting ideas he might bring to the table. It’s enough to make even the most jaded bar junkie salivate. January typically is a month of rededication and renewal – a time to
SCBA EXECUTIVE DIRECTOR D. Larkin Chenault OFFICERS Bruce Timm - President Stacy Moak - 1st Vice President BJ Susich - 2nd Vice President Angela Lai - Secretary Treasurer SURFING FROM RIVER CITY Coral Henning (916) 874-6013 chenning@saclaw.org
EDITOR-IN-CHIEF Jack Laufenberg - editor@sacbar.org STAFF EDITOR Heather Cline Hoganson SACRAMENTO LAWYER POLICY COMMITTEE Samson R. Elsbernd Helene Friedman David Graulich Coral Henning Yoshinori H.T. Himel Jack Laufenberg COURTHOUSE STEPS steps@sacbar.org
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ADVERTISING SALES Mary J. Burroughs (916) 564-3780 x206 mburroughs@sacbar.org EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 x200 reception@sacbar.org DESIGN AND PUBLISHING Mary J. Burroughs (916) 564-3780 x206 mburroughs@sacbar.org
SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
BOARD OF DIRECTORS DIRECTORS AT LARGE Sonia Fernandes David Graulich Jeannie Lee Jones Katie Patterson William Schuetz Mark Slaughter Sabrina Thomas SACRAMENTO LAW FOUNDATION Stephen Duvernay, saclawfoundation.org
AFFILIATE REPRESENTATIVES Asian Bar Association (ABAS) Kara Ueda Barristers’ Club Monica Hans Capitol City Trial Lawyers Jack Vetter Federal Bar Association Meghan Baker LaRaza Michael Terhorst Leonard M. Friedman Bar Association Jeff Levine Saint Thomas More Society of Sacramento (STMS) Herb Bolz Sacramento Lawyers for the Equality of Gays and Lesbians (SacLegal) Jeff Edwards South Asian Bar Association Nirav Desai Wiley Manuel Bar Association Alana Mathews
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE V O L U M E
Table of Contents 1 1 4 ,
N U M B E R
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J A N U A R Y / F E B R U A R Y
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LITIGATION 8 A View from the Civil Trial Bench: State of California v. Continental Ins. Co, et al., and the All Sums with Stacking Rule: An Insurance Decision with Broad Implications PROFILES 14 Lawyer Lore: The Ever Moving Bunmi Awoniyi 24 IDP Chair Kevin Adamson Wins Lawyer of the Year Award COVER STORY 16 2013 SCBA President Bruce M. Timm EVENTS 20 Founders Honored at Unity Bar Association’s 25th Anniversary Gala SECTION & AFFILIATE NEWS 26 Barristers’ Club Update 28 Record Lows at 24th Annual ABAS Golf Tournament 30 SABA of Sacramento Hosts 5th Annual Diversity Law Student Reception
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COMMUNITY SERVICE 22 Making a Child’s Life Better DEPARTMENTS 4 Editor’s Message 6 President’s Message 12 Law Library News 13 Surfing from River City
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Calendar Courthouse Steps Classifieds Index to Advertisers
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Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact SCBA 916-564-3780 x206 for deadline information, fax 916-564-3787, or e-mail mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.
Women Lawyers of Sacramento Megan Lewis COMMITTEE / SECTION REPRESENTATIVES Lawyer Referral and Information Service (LRIS) Don Hansen Conference of Delegates Andi Liebenbaum Indigent Defense Panel (IDP) Kevin Adamson Section Representative Daniel Yamshon Voluntary Legal Services Program (VLSP) Victoria Jacobs SECTIONS Administrative Law Heather Cline Hoganson Alternative Dispute Resolution Ken Malovos
Appellate Law Stephanie Finelli Bankruptcy & Commercial Law Aaron Avery Business Law Sarra Ziari Children’s Counsel Diane Wasznicky Environmental Law Osha Meserve Family Law Judith Winn Health Care Brian Taylor Labor & Employment Law Jason Jasmine Probate & Estate Planning Thomas Reid Real Property Gregg Phillipp Tax Law Ciro Immordino
Worker’s Compensation Ohnmar Shin COMMITTEES Bylaws BJ Susich Continuing Education of the Bar Daniel Yamshon Diversity Hiring and Retention Linda Partmann Electronic Media Coral Henning / Heather Hoganson Fee Arbitration Ken Bacon Judicial Review Philip R. Birney Judiciary Diane W. Wasznicky Long Range Planning Bunmi Awoniyi Membership Heather Candy
Pictorial Directory Herb Bolz Sacramento Lawyer Policy Jack Laufenberg Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100,Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 2013 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.
JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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President's Message
A Year of Challenge, Change, and Opportunity
It
is with tremendous enthusiasm and optimism that I begin my term as the 82nd president of the Sacramento County Bar Association (SCBA). Over the next year, we will confront and address historic challenges to the justice system, the attorneys who serve it, and the community served by it. We will also seize opportunities to dramatically increase services and benefits to our members in ways never previously considered by our association. The challenges we face are significant. First, our courts are under siege. Debilitating budget cuts to the judicial branch have brought our courts to the point where they cannot function efficiently. Until adequate funding is restored, access to justice, the rule of law, and our democratic system of government remain in jeopardy. If members of the legal profession do not stand up for adequate court funding, who will? The SCBA will be the leading California bar association in the struggle to restore adequate funding to our courts. As attorneys located in our state’s
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
By Bruce M. Timm
capitol, nothing less will suffice. To meet this challenge, we will be urging our board of directors in January to form the SCBA Court Funding Task Force to mobilize our members, coordinate with the judiciary, and work closely with other local bar associations to educate the public and engage the Legislature. Our association will not remain silent in the face of this challenge. Second, significant numbers of our new lawyers are being squeezed out of the profession due to a shortage of available law-related jobs. Recent studies reveal that law schools are graduating lawyers in numbers that greatly exceed available jobs in the legal profession. Many new lawyers --addled with enormous debt -- are being deprived of benefits most of us enjoyed: a mentor; a good job; and a network of professionals in the legal community. In January, the SCBA board of directors will be encouraged to establish the SCBA Bar Mentorship Program. Working closely with our local law schools, the SCBA will assist new lawyers who are struggling to become part of our legal community. In addition to meeting these challenges, the SCBA will improve member benefits in ways that have not previously been explored. Following a national search, the SCBA hired a new executive director -- Larkin Chenault -- who joins us with over 25-years of experience as an executive director in other state-wide and local bar associations. With new and fresh ideas, our current members should expect more and better opportunities to stay current in their practice areas and to meet and network with colleagues, members of the judiciary, and members of the business community. We will provide better marketing and public relations in order to trumpet the accomplishments and good works of our members. Building on that momentum, we will target those attorneys who are not current members of the SCBA and clearly and persuasively communicate the benefits of membership. We will also engage the Sacramento business community -- a key ally in the court funding battle and part of the community served by our justice system -- in ways that that will be mutually beneficial. To meet these challenges and to take advantage of unique opportunities, there will inevitably be operational changes in the way we run our association. Our executive team—comprised of Stacy Moak, BJ Susich, Angela Lai, and executive director Larkin Chenault—will empower our board of directors to ensure that the ultimate authority to run our association resides not with any one person or committee, but with the board. We will be more business-minded, with a laser focus on providing exceptional
benefits and services to our members. When the association commits its time and limited resources in ways that no longer make sense for our members, changes should be considered, even if those changes are difficult, controversial, or inconsistent with long-standing practices. Finally, as the current spokesperson for our board of directors, I cannot close this first president’s message without recognizing the tireless efforts of June Coleman. June poured her heart and soul into the SCBA, and the Sacramento legal community is better because of her service. I am blessed to be offered the opportunity to serve as your president. Let us start our journey together in what will be a year to remember!
JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Litigation
A View from the Civil Trial Bench
State of California v. Continental Ins. Co., et al., and the All Sums With Stacking Rule: An Insurance Decision with Broad Implications
By Judge Judy Holzer Hersher
This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments should be addressed to HersherJ@saccourt.ca.gov
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recent unanimous California Supreme Court decision is a game changer in insurance coverage cases—at least for now.1 The case, State of California v. Continental Insurance Company, et al. (2012) 55 Cal. 4th 186 (“Continental”), interprets the promise to pay “all sums” to injured third parties2 in an insurance contract to mean the policy limits of that contract, and not a pro rata share, even where some of the damages may have occurred before, during or after a specific policy period. Despite the fact that it is discussed in the context of massive amounts of environmental contamination cleanup costs, the holding may well affect the future interpretation of insurance contracts covering other types of cases where damages have progressed slowly and continuously across policy periods, such as construction defects, land subsidence, and mold cases. In Continental, the State of California (“State”) sought indemnity under successive insurance contracts for the costs associated with a federal court-ordered cleanup of the Stringfellow Acid Pits. The waste site operated between 1956 and 1972. The State had insurance for its operation between 1964 and 1977, but not before or after. A government geologist earlier had determined that the particular canyon used for the waste site in Riverside, California, could, with the placement of a concrete dam, hold 30 million gallons of industrial waste without contaminating the sur-
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rounding environs and groundwater. He was wrong. The Slow But Continuous Damage Scenario that Spans Policy Periods
Between 1969 and 1978, miles of contaminants were released at the Stringfellow site into local waterways, polluting land and groundwater and causing personal injury. Cleanup and other costs were identified at between $50 and $700 million. The facts presented a scenario not uncommon in many coverage disputes: individual injuries that progress slowly but continuously over many years, and in some cases beginning before and continuing beyond the period of a particular insurance policy. These are sometimes referred to as “long-tail injuries.”3 As might be expected, the affected parties pointed fingers at each other during the liability phase, claiming multiple causes of the contamination, such as inadequate geological studies, heavy rains, the fractured rock underlying the canyon floor, the controlled and not so controlled discharges from the site, and the actions of the entities who sent their waste to the Stringfellow site in the first place. The parties claimed that some or all of these factors were an independent and/or compounding cause of the massive property and personal injury damages that arguably occurred at different times and under different policies. As might also be expected in a case of this magnitude, years of litigation ensued between the State and its insur-
ance companies on coverage. The lower courts were faced with the task of determining which of the successive commercial excess4 policies issued between 1964 and 1976 could be called upon to indemnify for the cleanup and other injuries, and, more importantly, in what amount. The Straightforward Conclusion that Cost Millions
The Supreme Court’s answer seems decidedly simple. It held that since all the policies at issue obligated the insurers to pay “all sums” identified as covered damages, each was on the hook to pay just that…all sums that the insurer had become obligated to pay because of the terms of its contract. (Continental, supra, 55 Cal. 4th at p. 200)5. The court went on to hold that unless the contract states otherwise, California courts will not pro rate an insurer’s obligation to indemnify its insured, or parse out what part of the indivisible, progressive damages occurred during the policy period if the damages meet or exceed the policy limits. According to the Supreme Court, insurers of the risk can seek contribution from each other, if they feel it is appropriate, after they pay their policy limits. Andy issues and complications surrounding such subsequent contribution actions are left for another day. (Ibid.)6 The court also held that the State could “stack” or combine the full policy limits of each obligated policy, thus
increasing the amount of insurance coverage available to pay for the cleanup. It did so because it found that in this and similar circumstances, where the losses exceed one policy’s single limits, this “potentially leaves the insured vastly uncovered for a significant portion of the loss", as in fact the State was in this circumstance. The court further reasoned that stacking was consistent with the “all sums” language and the insured had bargained for and paid for such “all sums” coverage over multiple policy periods. The State was therefore entitled to the full amounts. (Continental, supra, 55 Cal. 4th at pgs. 200-201).
reciting in broad terms the general agreement between the parties. This section of the policy, called the “insuring agreement”, explains what the insurer is covering -- at least before it starts enumerating any number of exceptions and definitions that may limit coverage. As all insurance coverage decisions note, the rules of contract law apply to the interpretation of the language the parties agreed to in an
insurance contract. Thus, all cases of insurance coverage begin with a discussion of the principles of contract interpretation and their application in the insurance context. (See Continental, supra, 55 Cal. 4th at pgs.194-195, reciting the principles). The relevant “insuring agreement” in the Continental policies read as follows: The insurer agrees “[t]o pay on behalf of the Insured all sums which
The Insured Reasonably Expected Coverage Up to the Policy Limits for Each Year of Purchased Coverage
Finally, and perhaps with the most far-reaching consequences, the court explained that the “all sums with stacking” approach is consistent with public policy since: 1) it resolves the question of insurance coverage in an equitable manner; 2) it comports with the parties reasonable expectations that the insurer expects to pay for property damage occurring during a long-tail loss up to its policy limits; 3) the insured reasonably expects indemnification for the time periods it purchased coverage; 4) there is an uncomplicated calculation that looks at the long-tail injury as a whole rather than fractured pieces artificially broken it into distinct periods of injury; 5) the insured has paid more than one premium and should reap those benefits; and 6) there is nothing fundamentally unfair about stacking. (Continental, supra, 55 Cal. 4th at pgs. 201-202). What Law Did the Court Apply to Get Its Result?
First, of course, it looked at the language of the contracts before it. Insurance contracts typically start by JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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the Insured shall become obligated to pay by reason of liability imposed by law … for damages … because of injury to or destruction of property, including loss of use thereof.” (Italics added). The court had discussed the “all sums” language in earlier contamination cases. In Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal. 4th 645 (“Montrose”), the court looked at what must take place within the policy period for there to be the potential for coverage -- that is either a defense or indemnification of any cleanup. (Id. at p. 655, fn.2). It ruled that based on the contract before it, the “all sums” language charged insurers with paying for property damage that is continuous or progressively deteriorating throughout any policy in effect during those periods, so long as some damage from the conditions occurred during the policy in question. This specifically included property damage and bodily injury that resulted from hazardous chemicals
that the insured manufactured beginning before, but continuing during the insurer's policy period. (Id. at pgs. 668-673; italics added)7. In Aerojet-General Corp. v. Transport Indemnity Co. (1997) 17 Cal. 4th 38 (“Aerojet”), at page 57 fn. 10, the court affirmed the duties under the “all sums” language and held that any policy on the risk when property damage or personal injury occurred is liable for any and all resulting damage, up to its policy limits, even when the damages took place before, during or after the relevant policy period. “…[A]s long as the policyholder is insured at some point during the continuing damage period, the insurers' indemnity obligations persist until the loss is complete, or terminates.” (Id. at p.56-58)8. None of the earlier cases dealt squarely with how much of the policy limits from each individual policy should be made available to indemnify the insured. Prior to Continental, it was not uncommon for the parties
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
and the courts to craft various equitable allocation formulas based on the specific facts of the case in order to determine each insurer’s pro rata share or other formula-based contribution for the totality of the claims. Absent Contrary Language, Pro Rata Allocation is Not the Default Allocation Formula
Continental, however, has changed all that -- at least where the quoted “all sums” language appears in the contract and there is no contrary language. The court rejected the use of a pro rata allocation formula to apportion indemnification or defense costs, pointing to the clear and unambiguous language of the insuring agreement to cover “all sums” the insured was obligated to pay. It held that since multiple policies were triggered by the conditions stated in their respective contracts, each insurer was on the hook to pay out its policy limits on each policy, and in this instance that included damage that had progressed slowly and continuously during and beyond the actual contract period. “We therefore conclude that the policies at issue obligate the insurers to pay all sums for property damage attributable to the Stringfellow site, up to their policy limits, if applicable, as long as some of the continuous property damage occurred while each policy was ‘on the loss.’” (Continental, supra, 55 Cal.4th at pg. 200). “The coverage extends to the entirety of the ensuing damage or injury (Montrose, supra, 10 Cal.4th at p. 686), and best reflects the insurers’ indemnity obligations under the respective policies, the insured’s expectations, and the true character of the damages that flow from a long-tail injury.” (Ibid.). “Under the CGL policies here, the plain ‘all sums’ language of the agreement compels the insurers to pay ‘all sums which the insured shall become obligated to pay…for damages… because of injury to or destruction of property….’” (Ante, at p. 199). “As
the State observes, ‘[t]his grant of coverage does not limit the policies’ promise to pay ‘all sums’ of the policyholder’s liability solely to sums or damage ‘during the policy period.’” (Ibid.). The Supreme Court closes on both a cautionary and instructive note. Since the Court was simply interpreting the contract before it, future contracting parties can avoid stacking or the payment of “all sums” by writing this provision out of the contract, or by limiting it. They can also provide for an equitable or pro rata allocation for indemnity, if they so choose.
stacking of excess policies in the continuous property loss scenario.” 5. The policies at issue did not contain language in the all important insuring agreement section that would have limited their responsibility to indemnify only for damage that occurred during the policy period. (Continental, supra, 55 Cal. 4th at p. 199.) 6. For example, where are the funds supposed to come from when one insurer sues another for contribution, when both or several have paid their policy limits to the third party insured? Does this mean that if insurers #1, 2 and 3 were obligated by their policies for $1 million, and paid it out, and then seek contribution against each for
some of $1 million they paid, will an insurer owe more than the value of the contract it bargained for with its insured? Or does this mean that once the policy limits are paid, there is no further recourse for contribution against that insurer and contribution can be sought only from those who have not contributed their policy limit? 7.The author cautions that the case depends also upon the interpretation of numerous terms in the policy at issue and therefore is tied to the actual policy language at issue in Montrose. 8. The same limitations with respect to interpretation based on contract language apply with respect to this case as well.
1. The impact of the decision is discussed in numerous published and online periodicals. See, e.g., Cassidy, Talieh and McMahon, “All-Sums-With-Stacking Ruling Boosts Insurance Recovery in California,” 2012 Emerging Issues 6590, (August 23, 2012) Matthew Bender & Co., Inc. 2. Third party litigation is to be distinguished from suits between an insured (first party) and its insurer for coverage on claims by the insured for the insured. The later is called first party litigation. Third parties are persons or entities that have allegedly suffered from the actions of the insured and for whom payment of damages under the insurance policy was intended. 3.“…The kind of property damage associated with the Stringfellow site, often termed a “long-tail” injury, is characterized as a series of indivisible injuries attributable to continuing events without a single unambiguous “cause.” Long-tail injuries produce progressive damage that takes place slowly over years or even decades.” (Continental, supra, 55 Cal. 4th at p. 196, referencing Hickman & DeYoung, Allocation of Environmental Cleanup Liability Between Successive Insurers (1990) 17 N.Ky. L. Rev. 291, 292.) 4. As described in footnotes 2 and 6 of the decision on pages 192 and 201: “Excess liability insurance is coverage “whereby, under the terms of the policy, liability attaches only after a predetermined amount of primary insurance has been exhausted” (2 Cal. Insurance Law & Practice (Matthew Bender 1986) The Insurance Contract , section 14.02[1], p. 14-4.) Frequently there are several layers of secondary coverage, sometimes referred to as “excess insurance.” (Ibid.; see Ins. Code, section 676.6, subd. (b).)”…“This case is the first in our court to consider the JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Law Library News
Spotlight on the Collection: National Consumer Law Center
In
Robyn M. Moltzen, Public Services Librarian, Sacramento County Public Law Library
today’s economic climate, it’s important for consumers to know their rights when buying goods and services. The National Consumer Law Center (NCLC) is a highly respected publisher of consumer law materials. The law library has many of these titles in our collection, which cover a variety of consumer law topics. A few selected titles are discussed below. Automobile Fraud, by Carolyn L. Carter KF2036.A8 C37 2011 Consumers are defrauded each year by dealers not disclosing a vehicle’s wreck or salvage history, true odometer reading, or repaired damage to brand new cars. This book discusses how to obtain punitive damages, federal and state requirements for titles, lemon laundering, and a 50-state analysis of automobile fraud laws. Consumer Bankruptcy Law and Practice, by Henry J. Sommer KF1524 .S65 This definitive consumer bankruptcy treatise is updated with the latest case law and Bankruptcy Codes, forms, fee schedules, and rules, by
Henry Sommer, the nation’s leading author on consumer bankruptcy. Consumer Class Actions, by Stuart T. Rossman KF8896 .R67 A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators. Consumer Warranty Law, by Carolyn L. Carter KF919.C6 C37 This book covers new car lemon laws and other new car warranty rights, manufactured home warranty laws, service contracts and extended warranties, and more! Fair Credit Reporting, by Chi Chi Wu KF1040 .W8 This treatise details the implications of the Dodd-Frank Act, new regulations, detailed new 2011 FTC staff interpretations, and recent FCRA case rulings, plus the Credit Repair Organizations Act, Gramm-LeachBliley, and state law requirements. Repossessions, by Carolyn L. Carter KF1058 .C37 This excellent book covers every
aspect of motor vehicle, mobile home, and household goods repossession and any resulting deficiency claims. Student Loan Law, by Deanne Loonin KF4235 .L66 Student Loan Law details all rights of student loan debtors, including financial hardship and other loan deferments, loan discharges based on school closure, fraud, failure to make owed refunds, disability, and minimizing collection fees. Truth in Lending, by Ralph J. Rohner KF1040 .R6 This title discusses the new DoddFrank legislation that bans numerous mortgage abuses, the new FRB Rules that restrict kickbacks to mortgage originators and the credit CARD Act and the new federal rules that establish new restrictions on credit card abuses.
For more information visit: www.sacbar.org
609 9th Street Sacramento, CA 95814 916-874-6011 www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian
NEW ACQUISITIONS California Public Sector Employment Law Matthew Bender KFC562.P8 C345 Guide to Local Government Finance in California Solano Press Books KFC842 .G83
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
Consulting Agreements Deskbook West/Thomson Reuters KF898 .C66 Letters for Small-Business Lawyers American Bar Association KF1659.A65 B38 The Six-Minute Marathon: A Guide to Life as a Lawyer National Institute for Trial Advocacy KF300 .H373 Preparing Witnesses for Deposition and Trial California CEB KFC1042.A75 P74 Real Estate Broker Practice California CEB KFC446.R3 R43
Surfing From River City: Cloud Computing for Attorneys Compiled by Mary Pinard Johnson, Public Services Librarian, Sacramento County Public Law Library There’s been a lot of talk lately about “cloud computing” or working “in the cloud.” Cloud computing refers to applications and services provided over the internet rather than through software installed on your computer or server. It may sound complicated, but it’s something most of us are already using. Services such as Gmail, Facebook, Skype, and YouTube are all in the cloud. Cloudbased services are gaining popularity in the legal field, with numerous companies offering a variety of practice-related services. Here are some websites that will further explain cloud computing, offer points to think about when considering cloud-based services, and provide information about several of the most popular products available to law firms. What Cloud Computing Really Means http://www.infoworld.com/d/cloudcomputing/what-cloud-computing-really-means-031
This article from InfoWorld provides a very concise, understandable explanation of what “cloud computing” means and the types of products and services that are available “in the cloud.” Cloud Computing for Lawyers: Practical and Ethical Uses of the Cloud http://www.lawsitesblog.com/2012/06/p resentation-on-cloud-computing-forlawyers.html
Robert Ambrogi, a well-known expert in legal technology, shares slides from his presentation at the 2012 annual meeting of the Rhode Island Bar Association. The presentation gives a concise explanation of cloud computing, offers examples of the types of products and services available, and discusses the ethical implications for attorneys.
computing products used by attorneys. The authors organize these services by function, such as time, billing, and invoicing; case, document, and project management; virtual law office services; encrypted email and document exchange; and remote storage.
ARTICLES
Cloud Computing/Software as a Service for Lawyers http://www.americanbar.org/groups/d epartments_offices/legal_technology_resources/resources/charts_fyis/saa s.html
The author provides a brief introduction to cloud computing’s advantages and hazards, and describes a few popular products. In the Clouds, by Kevin Woo, May 2010
The American Bar Association’s Legal Technology Resource Center’s overview of Software as a Service (SaaS) for Lawyers offers a good overview of factors to consider when selecting a cloud-based service.
http://www.callawyer.com/Clstory.cfm ?eid=909463
California Lawyer has featured two articles on cloud computing that offer brief introductions to the topic: What's with Cloud Computing?, by Tom McNichol, June 2012 http://www.callawyer.com/Clstory.cfm ?eid=922804&wt.ad=922804
The costs, benefits and drawbacks of private and public clouds are discussed in this article. BLOGS
Nationwide Ethics Opinions http://www.americanbar.org/groups/d epartments_offices/legal_technology_resources/resources/charts_fyis/clo ud-ethics-chart.html
Blogs are a great resource for finding information about new and emerging topics and technologies. There are several blogs that provide links to great cloud computing information, such as:
The American Bar Association provides links to formal legal ethics opinions from bar associations around the country. Absent from this list is the recent State Bar of California Standing Committee on Professional Responsibility and Conduct’s Formal Opinion No. 2012-184, available at
Virtual Law Practice Blog http://virtuallawpractice.org/category/cloud-computing/ eLawyering Blog http://www.elawyeringredux.com/articles/cloud-computing/ Legal Cloud Central – Cloud Computing and Technology http://www.legalcloudcentral.com/
http://ethics.calbar.ca.gov/Portals/9/do cuments/Opinions/CAL%202012-184ADA.pdf
Popular Cloud Computing Services for Lawyers: Practice Management Online http://www.americanbar.org/publications/law_practice_magazine/2011/september_october/popular_cloud_computing_services_for_lawyers.html
In this article from Law Practice Magazine (Vol. 37, No. 5), authors Stephanie L. Kimbro and Tom Mighell describe some of the best-known cloud
JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Profile
Lawyer Lore: The Ever Moving Bunmi Awoniyi
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successful lawyer’s highly developed ability to tell her clients’ moving stories in a persuasive fashion sometimes finds its seeds in the attorney’s own stirring biography. Having immigrated to the United States as an adult after being raised by parents from Africa in a low-income section of London, England, Bunmi Awoniyi is a prime example of such an attorney – and her mesmerizing accent and perfect diction only serve to enhance the inspirational quality of her story. However, while both tactful and forceful when discussing background facts to advance the interests of a client, Bunmi is exceptionally modest and reserved in conveying the circumstances that led her from humble beginnings to great acclaim in Sacramento’s legal community, culminating in her appointment as a Sacramento County Superior Court judge by Gov. Edmund G. Brown Jr. on November 29, 2012. “My parents left their homeland in Nigeria to move to London in the late 1950’s so that they and my siblings could work toward academic advancement with the goal of returning to Africa with valuable knowledge,” she explained. “They worked hard to retain and instill in my siblings and me the cultural values they brought with them to England, which included raising us to work toward our goals with pride and determination but without boastfulness.” Growing up in a country as staid as England reinforced Bunmi’s disinclination toward self-aggrandizement. While such an upbringing certainly con-
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Bunmi Awoniyi
tributed to the thoughtful nature that she exudes today, Bunmi says it presented challenges for her in terms of practicing law in America. “As a barrister, you are not permitted to advertise or to directly solicit clients,” she said. “Because I had no experience in marketing myself or negotiating rates with clients, I felt I was at a bit of a disadvantage.” As if learning the business side of practicing law was not enough of a challenge, Bunmi also had to adapt to a very different level of decorum (or lack thereof) and a far less formal manner of dress in American courtrooms. “As a barrister in London, I would wear a wig and a dark skirt-suit and white blouse underneath a robe and a collar,” she recollected. “And a barrister would not interrupt but would wait to be called upon to speak when addressing a judicial officer and would bow to the judicial officer before exiting the courtroom.” Bunmi’s account of courtroom conduct across the pond, coupled with her professionalism, accent, and precision in speech, may give some the impres-
By Brendan J. Begley
sion that a life of formality and privilege led her to attend elite schools in Great Britain. However, she was raised in Tottenham, a somewhat disenfranchised immigrant section of inner-city London. Despite the comparatively limited opportunities available there for educational and socioeconomic advancement, Bunmi found her way to Essex University, where she earned a Bachelor of Law degree. From there she overcame other hurdles to reach Leicester University, where she earned a Masters of Law, and to complete her legal education at the Inns of Court School of Law, a professional law school for barristers. Finding the silver lining, as she so often does, Bunmi says that growing up in Tottenham provided one significant advantage: “It was the most amazing melting pot, with so many diverse first-generation families who had emigrated from countries like India, Poland, Pakistan, Greece and a number of African nations,” she said. “So my name, unusual as it may seem here in California, was not so out-ofthe-ordinary there – and it probably was much easier to pronounce than the names of many of my wonderful and culturally diverse neighbors.” If asked directly as a “yes or no” question, Bunmi’s modesty may permit her to disclose that admission to the Inns of Court School of Law in London was very competitive when she applied there. “That institution had held a monopoly on the legal training for barristers for nearly 150 years and had a very low admittance rate,” she elaborated. “At the conclusion of the aca-
demic study you had to take the bar exam, which boasted a pass rate between 40 and 50 percent. If you passed the bar exam you had to undergo pupilage, and less than 40 percent of those who passed the bar exam were offered places to do pupilage.” These obstacles made the prospect of Bunmi becoming a barrister seem bleak. However, when interviewed for admission to the Inns of Court School of Law, Bunmi encountered a panel that showed particular interest in the personal growth and advancement she experienced from both good and bad decisions she had made growing up in the inner city. Being granted admission meant she either had to abandon her pursuit of a master’s degree at Leicester University or complete it in one year. What is surprising to Bunmi but to nobody else familiar with her is that she completed her 25,000-word dissertation and obtained the masters degree and started attending the Inns of Court School of Law within that timeframe. Bunmi went on to pass the bar exam on her first attempt in the upper division of the test takers. Such credentials opened tremendous doors of opportunity for pupilage and she received offers from prestigious chambers and merit scholarships. Her interest in international law led her to apply to be a Pegasus International Law Scholar. She was selected to represent the Bar of England and Wales in a country of her choice, and she selected the United States. This choice brought her directly to Sacramento to work in the prestigious law offices of McDonough, Holland and Allen. That might seem like the conclusion of Bunmi’s inspirational story, but it was just the beginning (and far from the end of her challenges and obstacles). After completing her scholarship, finding her first legal job in California was no easy feat. “Nobody here cared about good schools or high marks in England because they simply did not translate into the skills needed in California
courtrooms,” she remarked. Undaunted, she broke out the yellow pages and started dialing attorneys and firms listed there in search of an opportunity. “I went all the way from the A’s to the W’s before I received a return call from family-law practitioner Steven Wessels,” she remembered with an air of fondness. “I had initial reservations when he asked me to meet him for my job
interview in a parking lot, and even more so when he requested that I drive him in his car to a court appearance he had in Fairfield that morning.” And what an unusual interview that road trip proved to be. “On the way he instructed me to drive faster,” she shared with a hearty laugh. “Then, after asking me all the questions he had in mind, he reclined his seat and Continued on page 19
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Cover Story
2013 SCBA President
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he Sacramento County Bar Association welcomes its new President, Bruce M. Timm. His enthusiasm, professionalism and legal skills will serve him well as the leader of the state capital’s local bar association.
Sacramento County Bar Association President Bruce M. Timm
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Bruce was named shareholder at Boutin Jones Inc. in November of last year, after two years serving as Of Counsel at the firm. Bruce’s practice is focused on employment law, where he is recognized as a skilled litigator and strong advocate for his employer clients. Bruce had an early interest in the law. As an undergraduate, he took a number of business law classes. He quickly found he enjoyed reading the cases and then trying to see the disputes from both sides. Bruce was motivated to join a profession that helped people and made a difference in society, but when he entered law school he had only a general idea of how he would use his law degree to effect positive change. After representing employers in several cases he soon found his niche in employment law. Originally from New Jersey, Bruce attended high school in San Diego before moving to Northern California and receiving his Bachelor's degree in Management from Sonoma State University. Bruce enrolled at University of the Pacific, McGeorge School of Law and took advantage of the many experiential learning options. During law school, Bruce completed two internships — one at the Legal Center for the Elderly and Disabled, another at a civil litigation firm — and immersed himself in Pacific McGeorge's extensive advocacy program. Bruce received numerous law school honors and a scholarship in recognition of his strong advocacy skills. He won the Final Four Top Oral Advocate Award, was elected to membership in the Roger J. Traynor Honor Society, was a member of the National Moot Court Competition Team, was on the Dean’s Honor Roll, and served as a teaching assistant in the Appellate Advocacy program. Bruce has maintained close ties to Pacific
Photography by Mary Burroughs
Bruce M.Timm
By Francis J. Mootz III, Dean of Pacific McGeorge School of Law
Cover Story
SCBA Executive Committee from left: President Bruce M. Timm, 1st Vice President Stacy Moak, 2nd Vice President B.J. Susich, Secretary Treasurer Angela Lai and Executive Director D. Larkin Chenault.
McGeorge since graduating in 1998. He is serving his second term as a member of the Pacific McGeorge Alumni Association board. He has served on the board’s executive committee as Vice President of Alumni Programs and has been particularly active in bringing Pacific McGeorge students together with alumni mentors. Bruce also donates a significant amount of his time to Pacific McGeorge through Career Development Office panel discussions, judging oral arguments for moot court teams, giving guest lectures in classes, and mentoring students. This dedication and willingness to give back will certainly be evident in Bruce’s stewardship of the SCBA. Bruce was appointed as adjunct professor in what is now referred to as Pacific McGeorge’s Global Lawyering Skills program. GLS is a required sequence of courses that instruct students in legal research, reasoning and writing. He joined the faculty in this capacity because he recognized how much he gained from this class during law school, which enabled him to perform at a higher level during his first years as an attorney in arguing motions, taking depositions and writing briefs. Bruce describes himself as a “big believer” in the GLS courses after watching students tremendously improve their writing and oral argument skills, and grow from not being able to stand up and make an argument to being able to assert arguments skillfully before a multi-judge panel. After graduating from McGeorge, Bruce started working
with a small law firm in Sacramento doing general civil litigation. After two and a half years, he accepted a position with Kronick, Moskovitz, Tiedemann & Girard, where he got his first taste of employment litigation. He knew in law school that he wanted to be a civil litigator, and his early experience exposed him to a variety of cases. He began to concentrate on the employment cases, finding that the factual complexity of most cases posed a challenge. Bruce learned that he “loved practicing employment law,” and he knows that he has found his professional calling. Bruce followed his interest in employment law to Littler Mendelson, a firm specializing in employment matters. He then co-founded Barth Tozer & Timm LLP, a civil litigation firm, with two former partners from the Kronick firm. After two and a half entrepreneurial years he decided to return to a large firm practice, and so he joined McDonough Holland & Allen. When the firm ultimately dissolved, Bruce and 18 other lawyers from the McDonough firm joined Boutin Jones Inc., which Bruce believes is one of the top business and litigation firms in the region. At Boutin Jones, Bruce is a member of the Employment Law and Litigation Practice Groups. The majority of Bruce’s practice is representing employers in litigation, but he also handles business and commercial cases. He defends clients in state and federal courts in a variety of employment litigation, including sexual harassment, discrimination and wrongful termination. He also handles administrative claims JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Cover Story filed with state agencies. Additionally, he serves as a valued counselor to clients seeking to avoid employment-related liabilities, offering advice about employee policies. Bruce values strong relationships with his clients and his attorney colleagues. When mentoring students, he emphasizes the importance of fostering and maintaining these relationships. Outside of work, Bruce is a member of numerous organizations, including the McGeorge Alumni Association, St. Thomas More Society, the Sacramento Downtown Rotary Club, and Operation Protect and Defend. He and his wife, Michelle, are raising two active daughters, Sarah, age 9, and Ashley, age 7. Bruce enjoys coaching Sarah’s soccer team, the Land Park Cheetahs. He enjoys getting away from the law courts and spending time on the tennis courts, where he is a skilled competitor. The SCBA will address critical challenges under Bruce’s leadership. The SCBA plans to be a leading voice among California bar associations in the struggle to restore adequate funding to the court system. The SCBA will also be working to assist new lawyers who have been squeezed out of the profession due to a shortage of law-related jobs. He also intends to capitalize on opportunities open to the
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SCBA. After conducting a national search, the SCBA hired Larkin Chenault as its executive director. Larkin has more than 25 years of experience leading local and state-wide bar associations, and is excited to bring his experience to the SCBA. Working with fresh ideas, and an energized board of directors, Bruce anticipates increasing services and benefits for members in new ways. With Bruce as the leader of the SCBA, the organization will be in the hands of an excellent counselor and advocate. He looks forward to serving as the 2013 SCBA President and ensuring that it continues to be an important resource for lawyers in the Sacramento region. Bruce’s passion for building relationships and his skills will provide excellent guidance to the SCBA during this time of structural changes in legal education and the practice of law. Francis J Mootz III is dean and professor of law at University of the Pacific, McGeorge School of Law. After practicing law in Connecticut, he taught law for 22 years. He previously was associate dean for academic affairs and faculty development at the William S. Boyd School of Law at the University of Las Vegas. He joined Pacific McGeorge as dean in June 2012.
Lawyer Lore - continued from page 15 went to sleep.” Once his court appearance concluded, Wessels asked Bunmi to accompany him back to his office and to shadow him for the rest of the day. Notwithstanding the unorthodox job interview, Bunmi was impressed by the effort that Wessels made to introduce her to clients and counsel and to explain to her everything he did over the course of that day. She started practicing at his office the following morning and remained there for 18 months. “I came to enjoy family law because it was never boring, it deals with real people, real drama and real crises, and I was intrigued because family law incorporates so many related areas of law,” she explained. “I did not love the level of animosity and conflict that can exist in that area of law, but I knew I had to work hard to adjust so that I could remain civil while standing my ground.” When comparing the practice of law in Great Britain to that here in California, Bunmi sees advantages and disadvantages to both systems – but says she would never want to practice anywhere but here in Sacramento. “The relationship between the bench and bar in England has far less familiarity,” she noted. “Going back to a judge’s chambers would be unheard of and you would feel awkward if you ever bumped into a judge outside the courtroom.” The two sides of the Atlantic also present great differences in the ways practitioners relate to one another. “There the argument is still contentious and laced with British wit and sarcasm that belies the adversarial nature, but yet it is very gentrified,” Bunmi commented. “They always refer to one another in court proceedings as ‘my learned colleague,’ and they never ever interrupt each other.” By comparison, Bunmi had to “toughen up” to counter the frequent disparagement that she sees between lawyers in California courtrooms. “I learned that if I was going to become good at my work, I had to show that I could be aggressive and stand my ground without being less than dignified by the standards I had set for myself,” she said. “Many lawyers here strive to raise the standard of civility, but it seems the deterioration of it is being accelerated by so-called reality TV and the very real stakes that are involved in family-law cases.” As a person of color, Bunmi said it was difficult at first to find role models in the practice of law who resembled her – and even harder to find any who spoke with an accent. Eventually she was able to develop relationships with such valued mentors. She counts among them Thelma Bailey, Douglas Greer, and Joseph Russell. In fact, Bunmi eventually took over Bailey’s practice in Oak Park when Bailey needed to move out of state to care for her ailing parents. As her practice began to thrive, Bunmi met and fell in love with the man to whom she is now married – a widower with two boys and a girl. “The kids had visions of
their father marrying a woman who would serve them cupcakes baked from scratch every day, who would never give them chores, and who would have this soft, warm, gentle persona to pander to their every tender need,” Bunmi joked. “I certainly strive to give them everything I can, but it simply is not realistic to think that a lawyer with a busy practice can double as Mary Poppins.” Naturally, adjustments had to be made on both the office-side and the home-side of the equation to make things balance. “I thought I could run my practice the same as always, by keeping my morning routine and frequently working late evenings,” she said with a grin of hard-earned knowledge. “While I still put in the hours needed to take care of my clients, it takes discipline and creativity to keep family obligations and work obligations from conflicting. Developing that discipline and creativity required a very short and accelerated learning curve.” Those three kids all are young adults now, and the daughter is attending law school herself. Nonetheless, Bunmi’s child-rearing days are not over. She and her husband had a daughter together who is now five years old. The flexibility of running her own practice and being a parent and step-parent herself, coupled with the great diversity that Bunmi experienced as a child in London, have contributed to Bunmi’s success as a lawyer practicing family law in Sacramento – and should serve her well as a judge. “It gives me great pleasure to serve clients of all different races, genders, and socioeconomic backgrounds,” she said. “That’s why I decided to get my certification as a family-law specialist – so that I would have the expertise to do the best possible work for clients from so many different walks of life.” The lessons that Bunmi has learned along the extensive road from Tottenham to Sacramento may serve as outstanding advice for attorneys everywhere – especially those trying to make their way in a new culture or a new area of law. “I tell young attorneys that they should be careful in choosing mentors because it will be assumed by others that you borrow from your chosen mentor’s value system,” she offered. “I also recommend that attorneys need to find a balance that is true to their value system, that they should strive to remain civil even when challenged, and they should not lock themselves into a single approach for dealing with all clients or all opponents.” Given the inspirational immigrant trail that she has trekked to success, along with the professionalism and civility that she emulates and promotes in Sacramento, Bunmi has become an international ambassador of Sacramento’s Lawyer Lore. Brendan J. Begley is a former chair of the SCBA Appellate Law Section and head of the Appeal and Writs Group at Weintraub Tobin Chediack Coleman Grodin Law Corporation. He is also a California State Bar certified appellate law specialist. JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Events
Founders Honored at Unity Bar Association’s 25th Anniversary Gala By Patricia Tsubokawa Reeves
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he Unity Bar Association of Sacramento’s 25th Anniversary Gala honoring their founders took place in October at the Double Tree by Hilton’s Grand Ballroom. This fun, diverse, well attended and interesting bar event was put on by the Sacramento County Bar Association’s (SCBA) seven minority affiliates that make up the Unity Bar. These affiliates are the Asian/Pacific American Bar Association of Sacramento (ABAS), the La Raza Lawyers Association of Sacramento (La Raza), the Sacramento Lawyers for the Equality of Gays and Lesbians (SacLEGAL), the South Asian Bar Association (SABA), the Wiley W. Manuel Bar Association (WMBA), and the Women Lawyers of Sacramento (WLS). It
has been said that the Unity Bar is a unique and special element of Sacramento’s legal community. This year the Unity Dinner Program included a special tribute to its founders, Jerry Chong, Luis Cespedes and the Honorable Renard Shepard (ret.). They spoke about their experiences 25 years ago when they were presidents of ABAS, La Raza, and WMBA. They explained that they banded together to form the Unity Bar Association of Sacramento to promote the appointment of a minority to the Sacramento County Superior Court bench. Their remarks included their reflections on how far we have come and their vision for our future. They gave attendees a touchstone to confirm their
Community Service winners with representatives of the awarding organizations. From left: Scott Syphax, Alana Matthews, C.C. Yin, Angela Lai, Ashley West, Megan Lewis, Raquel Aldana, Noel Cavillo, Sonia Fernandes, and Shama Mesiwala.
From left: Michael Terhorst, Jose Borrego, and Noel Cavillo with performers from Sacramento’s Mariachi Mi Tierra.
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From left: Luis Cespedes, Judge Consuelo Callahan, Justice Carlos Moreno, Justice Elena Duarte, and Jerry Chong.
Events work today. The Unity Bar Association strives to continue the work started by its founders to use its diversity to address different points of view in order to work together towards a common goal and to make the legal community better. One of the ways the Unity Bar puts these ideas into action is to take turns leading the annual dinner. This year the lead affiliate was the La Raza, with Michael Terhorst serving as chair and fearless leader. The Honorable Elena Duarte, Associate Justice of the Third District Court of Appeal, served as the master of ceremonies. She kept the program moving and finished by 8:30 p.m. The dinner guests filled the grand ballroom and included justices, judges, attorneys, law school deans and professors, law students, community members, friends and relatives. Unity’s good friend, Judge Consuelo Callahan of the U.S. Court of Appeal for the Ninth Circuit introduced the master of ceremonies, Justice Duarte. Justice Duarte welcomed the keynote speaker, retired California Supreme Court Justice Carlos Moreno. Eight scholarships were awarded to deserving law students by each of the seven affiliates, which were enhanced by $1,000 matching scholarship A dancer from Folklorico Aztlan de Sacramento, a local dance troupe that specializes in the folkloric dances of Mexico, performs at the Unity Bar Dinner.
Unity Bar Planning Committee. From left: Kara Ueda, Shama Mesiwala, Justice Elena Duarte, Patricia Tsubokawa Reeves, Michael Terhorst, Christine Jacob, and Katie Patterson. Planning Committee members not pictured: Avi Glikman, Amilia Glikman, Dianne Dobbs, and Alana Mathews.
from the Unity Bar. Seven Community Service Awards recognized outstanding community service by each affiliate with plaques and a few minutes at the podium to speak to the legal community. The scholarship winners were Lance Martin (La Raza), Tara Shabahang (SABA), Hanh Le (ABAS), Elise Wineberg and Sara Harbarger (LMFBA), Katherine Fowler (WMBA), Gerald Latasa (SacLEGAL), and Beth Weaver (WLS). The Community Service winners were Raquel Aldana (La Raza), Sonia Fernandes (SABA), Asian Pacific Islander American Public Affairs Association (ABAS), A Family Promise (LMFBA), Scott Syphax (WMBA), Shara Murphy (SacLEGAL), and Ashley West (WLS). Special thanks went to the event sponsor, U.C. Davis School of Law. This year there were a record number of table sponsors. They included the Asian Pacific Islander American Public Affairs Association, Beeson Terhorst LLP, Cotchett, Pitre & McCarthy LLP, La Raza Lawyers Association of Sacramento, Downey Brand LLP, Law Office of Luis Cespedes, Law Offices of Jerry Chong & Alice Wong, Leonard M. Friedman Bar Association, Lincoln Law School of Sacramento, Nielsen Merksamer Parrinello Gross & Leoni LLP, Stoel Rives LLP, University of the Pacific Mc George School of Law, and the Wiley Manuel Bar Association of Sacramento. Sacramento’s Mariachi Mi Tierra band performed lively party music during the reception hour and the Folklorico Aztlan De Sacramento performed beautiful dances during the dinner. Judge Thadd Blizzard and his wife donated a case of wine from the depths of their wine cellar for the raffle, which will fund future scholarships. All in all, the 2011 Unity Bar Association’s 25th Annual Gala celebration was a wonderful and successful evening. It offered all of its guests an opportunity to see and talk to someone different. It was a time for professional fun, to learn something you did not know before, to have an interesting conversation, to see special recognitions and awards for work well done, and to engage in some civil socializing. This bar event, again, proved that diversity is a wonderful and rich experience that enhances all of the legal community’s endeavors.
Student scholarship winners from left: Elise Wineberg, Beth Weaver, Lance Martin, Katherine Fowler, Gerald Latasa, Sara Harbager, Tara Shabahang, and Hanh Le.
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Community Service
Making a Child’s Life Better
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ship of minor children. In fact, the total number of pro bono hours for these 3 volunteers is over 1000. Starting in 2007, VLSP partnered with the Orrick law firm and the legal department of Intel Corporation to assist the relatives and friends of children whose parents are no longer able to take care of them adequately. While occasionally we have cases where the children are orphaned, more often the situation is one where the parents, because of substance abuse and/or neglect of the children, cannot provide for their children. Good-hearted people volunteer to raise these children as their own. That’s where our volunteers step in to help. These are often difficult, contested cases. Pride and sometimes greed can prevent some people, including parents, from making the best decision for the future of their children. Because of the generosity of lawyers like John, Ann and Katie, over 2 dozen families now provide stability for children whose lives were endangered. They represent the very best of our profession and we are grateful to have them, and all of the volunteers from Orrick and Intel, on the VLSP team.
Award photos by Charr Crail
hat better way can an attorney use his or her legal skills than to improve the life of a child? The 2012 recipients of the Voluntary Legal Services Program’s June Black Pro Bono Award know exactly how this feels. VLSP is pleased to honor Analea Patterson, Katie Christine DeWitt, and John Killeen for their generous donation of time and expertise in assisting VLSP’s low income clients obtain probate guardianship of children in need of stability in their lives. The award is called the “June Black Pro Bono Award” in memory of June Black, VLSP’s founding program coordinator, who spent 17 years working to assure that Sacramento area low-income clients received free legal services from volunteer attorneys. During her years of service, many members of the Sacramento legal community came to know and admire June for her commitment to seeking justice for our indigent clients. At the December 10, 2012 SCBA Annual Meeting, the June Black Pro Bono Award for 2012 was awarded to these three attorneys (all employed at Orrick, Herrington & Sutcliffe), who have contributed at least 200 pro bono hours apiece assisting indigent clients obtain probate guardian-
By Vickie Jacobs, VLSP Managing Attorney
VLSP award winner Jack Killeen
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VLSP award winner Katie DeWitt
VLSP award winner Analea Patterson
Profile
IDP Chair Kevin Adamson Wins Lawyer of the Year Award By Todd Green, Richard G.J. McDerby, and Nancy B. Goldstein
The following article was reprinted with the permission of Big News for Smaller Firms, the magazine of the Solo and Small Firm Section of the California State Bar, where it first appeared earlier this year.
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awyer of the Year Award is presented annually by the Solo and Small Firm Section of the State Bar of California. It goes to individuals who have demonstrated years of meaningful service and leadership to the community or fellow attorneys. The recipients have contributed to the development of greater justice in a field of law. Sole practitioner Kevin Adamson, this year’s winner of the Myer J. Sankary The Myer J. Sankary Lawyer of the Year Award, exemplifies these criteria. Mr. Adamson’s practice emphasizes representing juveniles charged with crimes ranging from misdemeanors to complex gang-related offenses and homicides. For more than 15 years, Kevin has volunteered with the Sacramento County Bar Association’s Indigent Defense Panel Committee-an organization providing conflict representation to adults and juveniles who are charged with criminal conduct but who cannot afford retained counsel. For the past seven years, Mr. Adamson has served as chair of the panel. Kevin Adamson As chair, Mr. Adamson has devoted countless volunteer hours to developing and implement standards and policies for the group. His goal is to ensure that all clients represented by members of the panel received high-quality ad cost-effective representation. “[Kevin] is recognized by judges, public and private defenders, and others in the criminal justice community as an ethical, professional, and dedicated leader, and an exceptional attorney,” June D. Coleman, Sacramento County Bar Association President, says. “Selecting Kevin Adamson to join the distinguished previous recipients of the Myer J. Sankary Lawyer of the Year Award will continue the tradition of excellence that this award stands for.” Indeed, the presiding judge of the Juvenile Court of Sacramento County has praised him for establishing a meaningful peer-review process. Mr. Adamson’s program includes extensive qualifications review for new lawyers applying to serve of the panel. In concert with his Indigent Defense Panel service, Mr.
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Adamson is a member of the Sacramento County Bar Association’s Indigent Defense Appeals Committee. The committee reviews appeals of the County’s decisions regarding panel membership, compensation to panel members. Appointed by the director of the Sacramento County Conflict Criminal Defenders in 2006, Mr. Adamson has served as this organization’s Lead Juvenile Attorney. In this capacity, Kevin acts as the director’s representative for all juvenile court matters and committees that deal with the substantive, administrative, and policy issues at the Juvenile Court. “[Kevin Adamson’s] contributions and dedication to both his clients and the greater legal community are unsurpassed,” Stacy Boulware Eurie, Presiding Judge of the Juvenile Court, Sacramento Superior Court, says. “[He is both] tireless and inspiring.” But Mr. Adamson’s service to the community extends beyond his field of practice. He has coached high school mock trial and moot court teams, and serves as a judge in these competition as well. His excellence, dedication, leadership and community involvement have already been recognized in his home county. Mr. Adamson won the 2006 Sacramento County Bar Association’s President’s Award for his dedication and service to the criminal justice profession. In 2007, he was the recipient of the Bar’s Distinguished Service Award for his longstanding leadership in and service to the Sacramento County Bar association. “[Kevin] epitomizes what a lawyer should be,” Frank C. Meyer, Supervising Deputy District Attorney, Sacramento County Office of District Attorney, says. “He is a spirited advocate for his clients and their best interests, while always maintaining the highest ethical standards, professional decorum, and polite respect for the court, staff, and his adversary.” It is with great pride that the Solo and Small Firm Section of the State Bar follows Sacramento County in recognizing Mr. Adamson’s accomplishments, leadership and service.
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JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Section & Affiliate News
Barristers’ Club Update The 2013 Barristers’ Club Board Members By Kurt D. Hendrickson, Barristers’ Media Chair
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has been a great year for the Barristers’ Club and our members have elected a new board. As is tradition, we held election night at the Pine Cove. The following is the new board: Monica Hans – President Amanda Gimbel – Vice-President of Programs Colleen Howard – Executive Vice-President Daniel Reid – Treasurer Kevin Davis – Secretary Kurt Hendrickson – Membership Chair Daniel Kim – Board Member At Large Jeff Schaff – Board Member At Large Steve Duverney – Board Member At Large Kevin Khasigian – Board Member At Large Ian Barlow – Board Member At Large Cameron Desmond – Board Member At Large New Member of the Board
Jeff Schaff is the newest member of the board. He is an associate with Mastagni, Holstedt, Amick & Johnsen, working in its labor department. He represents public sector employees in administrative investigations, hearings, and
civil litigation on behalf of PORAC Legal Defense Fund and various state and local labor associations. Jeff also provides advice on incorporation, wage and hour disputes, and workplace conditions. In addition to the Barristers’ Club, Jeff is active in the legal community and teaches trial skills as an adjunct professor at the University of the Pacific McGeorge School of Law. He earned his Juris Doctor degree from Pacific McGeorge and his Bachelor of Science degrees from the California State University, Long Beach, double majoring in business management and marketing. MCLE
Make sure to keep up-to-date on our MCLE Seminars. We will start posting all of our seminar information on our Facebook.com page starting this December. We will have several seminars in January and February, including Bridging the Gap. On a final note, we would like to thank Dan Tichy for all of his years of work with the Barristers. You were a great member and president. Good luck in all your future endeavors!
Don’t forget to renew your Sacramento County Bar Association Membership Visit www.sacbar.org or fill out this Membership Application
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JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Section & Affiliate News
Record Lows at 24th Annual ABAS Golf Tournament
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his past September 9th, a field of 60 golfers approached the 24th annual ABAS Golf Tournament with high hopes and pockets full of pay-to-play mulligans. In the end, a picture perfect Sunday morning at the Turkey Creek Golf Club did not disappoint. The drives were long and the putts rolled true (for some, but not all the golfers). Although only a select few could be crowned winners and claim the BIG TROPHY, all enjoyed the camaraderie of a foursome scramble and a pretty decent lasagna lunch. Regardless of scores, all left with memories of
ABAS Law Foundation board and team championship member Jerilyn Paik hoisting the BIG TROPHY in honor of her team’s victory at the 24th Annual Golf Tournament.
ABAS’s 24th Annual Golf Tournament champions. From left: Dean Kim, Jerilyn Paik, Deb McSherry, and Brian McSherry.
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
By Mike Iwahiro
having made one or two great golf shots and aspirations for what might be next year. Sincere thanks go out to all participants and sponsors for contributing to another successful ABAS Law Foundation fund raising event. To the tournament winners, congratulations! The winners were: Championship Flight -- Team McSherry-Kim-Paik, which consisted of Deb McSherry, Brian McSherry, Dean Kim, and Jerilyn Paik; President’s Flight -- Team DBBWC, which consisted of Lisa Ventura, Robert Nelsen, Reed Wickham, and Josh Birdsill; and the Director’s Flight -- Team Lumpia, which consisted of Michael Terhorst, Ali Moua, Dee Brown, and Vincent Wiraatmadja. By the numbers: 114: The mph speed of Heather "LongKnocker" LeMaster’s swing. LeMaster, the number two women’s long-drive champion in the world, helped raise funds for the tournament by hitting 300+ yard drives for patrons at the No. 4 hole. 4: Number of father-son pairings. Let’s get a few mother-daughter (or mother-son/father-daughter) teams out there and make a new flight for family teams! 3: Number of area law schools that were major sponsors of the tournament. Much appreciation to Lincoln Law School, Pacific McGeorge School of Law and UC Davis’ King Hall. 2: Number of teams that declared, “…no one else can shoot a 51.” Players on two teams -- Team McSherry-KimPaik and Team Rob Fong (Eric Dair, Rob Fong, Christian Fong, and Tom Morton) --were each independently heard to say, “We shot a 51 . . . no one else can shoot a 51.” Imagin e their surprise when they learned that another team shot 51 -- shake your head unbelievable! This is an unprecedented 21 under par! No team in the past has come close to shooting so low a round at our tournament at Turkey Creek. Two teams doing it on the same day defies all odds. Although the winning team -- McSherry-Kim-Paik -- had a handicap advantage to break the tie, it would have won anyway on a “card-off” basis without using the handicap. 1: Number of persons on the golf tournament committee that did about 90% of the committee work, namely, Jeri Paik. Thank you Jeri! O*: Number of times “You da man!” was yelled out after
a tee shot. I put an asterisk by this one because I can’t say I was always within earshot of the foursome comprised of Linda Eto Moriguchi, Gene Moriguchi, Jeff Ogata and Nirav Desai. Sorry that long-time tournament organizers, players and supporters Prof. Clay Tanaka and Bob Tokunaga were not able to attend the tournament this year. But that did not stop them from providing their continual generous support. Clay, in addition to being a hole sponsor, donated his always fun and light-hearted special achievement trophies -- shortest drive, most creative scorekeeping, most futility on a golf course, and most dedicated golfer awards. Once again Bob sponsored the beverage cart, which provided welcomed refreshments to many. Special thanks to both. Until next year, fairways and greens to you all.
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Second Wednesdays - SCBA Barristers serve at St. John’s Shelter for Women. Contact Daniel at dkim@mathenysears.com January 3 - Joint Section Representatives' and MCLE Committee meeting, noon, SCBA Office January 30 - St. Thomas More Society and La Raza present annual Ethics Luncheon featuring Sacramento Superior Court Judge James Mize and Pacific McGeorge Professor Fred Galves, noon, Firehouse. Email reservations to Tom Frame, clanframe@msn.com. For questions, contact Michael at (916) 444-3400 January 30 - JAMS Fifth Annual MCLE Day, 8 am – 2 pm, Embassy Suites. www.jamsadr.com/sacramento-mcle-day-2013 February 7 - Joint Section Representatives' and MCLE Committee meeting, noon, SCBA Office February 9 - Legal Services of Northern California’s 10 Annual Valentine Fun Run – Race for Justice. http://www.lsncrun.info See also back cover February 13 - Administrative Law Section Lunch Seminar featuring Sacramento Superior Court Judges Frawley, Kenny, Sumner, and Balonen on Writ Practice, 11:45 am – 2 pm, Blue Prynt. Contact rsvp@sacbar.org. February 13 - St. Thomas More Society mass and lunch, noon, Hawthorn Suites. Contact stms.sacramento@yahoo.com or Herb Bolz at 530-848-7252 March 1 - Submission deadline for May / June issue of Sacramento Lawyer March 7 - Joint Section Representatives' and MCLE Committee meeting, noon, SCBA Office March 20 - St. Thomas More Society mass and lunch with Bishop Soto, noon, Hawthorn Suites. Contact stms.sacramento@yahoo.com or Herb Bolz at 530-848-7252
JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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Section & Affiliate News
SABA of Sacramento Hosts 5th Annual Diversity Law Student Reception Shama Mesiwala, Cofounder and Past President of SABA of Sacramento
In
September, the South Asian Bar Association (SABA) of Sacramento hosted its fifth annual diversity reception for students from UC Davis, Pacific McGeorge, and Lincoln law schools at the home of Shama Mesiwala in Davis. The reception, attended by over 100 people, provided
the opportunity for law students from all backgrounds to mingle over Indian appetizers and desserts with our local judges and attorneys in a relaxed backyard setting. SABA was honored by the attendance of Presiding Justice Vance Raye, Justice Ron Robie, Justice Andrea Hoch, and Justice Art Scotland (Ret.) from the Court of Appeal, Third
From left: Pat Sturdevant, Justice Art Scotland, and Patty Reeves
Justice Ron Robie and Yolo County Judge Dave Rosenberg
Joe Dhillon and Colleen Truden
From left: Judge Thadd Blizzard, Sarra Ziari, and Pacific McGeorge Law School Dean Francis J. Mootz
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
Presiding Justice Vance Raye (right) talking with a group of law students
Section & Affiliate News Appellate District; Judge Raoul Thorbourne, Judge Russell Hom, Judge Helena Gweon, and Judge Thadd Blizzard from the Sacramento County Superior Court; Judge Dave Rosenberg and Daniel Maguire from the Yolo County Superior Court; and Dean Francis J. Mootz III from Pacific McGeorge School of Law. The reception was generously underwritten by Pacific McGeorge and UC Davis Schools of Law.
From left: Niti Gupta, Nilesh Choudhary, and Gaurav Kalra
From left: SABA board members Harveen Gill and Brad Coutinho (both on far right) talking with two local law students
From left: Latika Sharma, Natalie Johnston, Michael Strabala, and Samson Elsbernd
From left: Justice Art Scotland, Amar Naik, Rav Grewal, Jordy Hur, Judge Russell Hom, Justice Andrea Hoch, June Coleman, and Judge Helena Gweon
From left: Shama Mesiwala, Reese Neely, Dianne Dobbs, Administrative Law Judge Dian Vorters, and Matthew Wise
From left: SABA President Nirav Desai, Judge Dan Maguire of Yolo County, and Judge Helena Gweon
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Courthouse Steps David Graulich has joined the Law Office of Jeffrey Fulton as an Associate Attorney. The firm represents plaintiffs in Employment Law and Personal Injury litigation. Mr. Graulich serves on the SCBA Board of Directors and the Sacramento Lawyer’s Policy Committee. He is also active in the SCBA affiliate bar association HELLAS.
David Graulich
Nossaman LLP has relocated to 621 Capitol Mall, 25th Floor. Phone numbers remain the same.
Native Sacramentans Trevor Carson and Peter Kyung have recently formed Carson & Kyung, A Law Corporation. Carson received his J.D. from Pacific-McGeorge School of Law with a concentration in business law and a B.A. in business administration from La Sierra University in Riverside, CA. He primarily focuses on bankruptcy law. Kyung received his J.D. from Pacific-McGeorge School of Law with a concentration in International law and a B.A. in both Chinese and political science from the University of California, Davis.
Greenberg Traurig, LLP has added Associate Michael Lane to the litigation practice in its Sacramento office. It has also added Associate Greg Sperla to both the government affairs and litigation practices. Lane, a resident of Fremont, repreMichael Lane sents business clients in litigation, including franchise, class action, labor and employment, intellectual property, unfair competition and regulatory matters. He was previously at Hackard Law, a PLC. Lane received his J.D. from the University of California at Berkeley School of Law, Boalt Hall, and his B.A. in history from the University of Greg Sperla California at Santa Barbara. Sperta, a resident of Sacramento, has experience with complex employment, commercial,
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
and government litigation, in addition to state and federal regulatory compliance matters. Prior to joining GT, Sperta was a Capital Fellow for the California Senate where he worked as a legislative aide and policy consultant. He received his J.D. from the University of California at Berkeley, Boalt Hall, and his B.A. in political science from San Francisco State University.
Edward J. Quinn, Jr., well-known for economic development, land use and redevelopment law, has been named managing partner of Best Best & Krieger LLP’s Sacramento office. Quinn will oversee the day-to-day operations and long-term planning for the Sacramento office, the third largest of Edward J. Quinn, Jr nine BB&K offices across California and Washington D.C. Quinn joined BB&K in 2010 from McDonough Holland & Allen, where he was chief executive officer. In the Sacramento community, Quinn served as president of the Sacramento Area Commerce and Trade Organization and chairman of the organization’s Pacific Rim Committee. He also was ex-officio director of the Sacramento Metropolitan Chamber of Commerce, chairman of the International Trade Committee of the Sacramento Metropolitan Chamber of Commerce, and trustee of the Sacramento Country Day School. He is a coauthor of Redevelopment in California (Solano Press, 2d ed. 1995). Quinn received his law degree at the University of Michigan, where he served on the editorial board of the Michigan Law Review, and an LL.M. in international law from Harvard Law School.
David Boyd and Betsy Kimball are very proud to announce the addition of Robert (Bob) M. Wilson as a partner and the change in the firm’s name to Boyd, Kimball & Wilson, LLP. Prior to joining Boyd, Kimball & Wilson, LLP as a partner, Wilson served as executive director of Sacramento Child Advocates Inc., a non-profit law firm which serves the 3,000-plus children in foster care in Sacramento County. Immediately prior to Sacramento Child Advocates, Wilson practiced in Sacramento for two decades in the areas of white collar criminal defense and business litigation. At Boyd,
Kimball & Wilson, LLP, Wilson’s practice will focus on white collar criminal defense, health care fraud, and business litigation.
The National Judicial College is pleased to announce that the Hon. Karla Broussard-Boyd of the Statutory Appeals Unit of the Department of Personnel Administration in Sacramento received a certificate in judicial development in administrative law adjudication skills in 2011. The professional certificate in judicial development is an innovative program designed for judges who want to concentrate their studies in a focused academic area. This certificate in administrative law adjudication skills is designed for administrative law judges and requires that participants complete three required courses, as well as an additional 20 units in elective courses. Despite the tight California economy, Broussard-Boyd accomplished this goal through her own finances and the assistance of scholarships.
For more information visit www.sacbar.org
JANUARY/FEBRUARY 2013 SACRAMENTO LAWYER
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BUSINESS PORTRAIT SPECIALIST
Charr Crail Photography
Index of Advertisers ADR Services . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 15 American Society of Appraisers . . . . . . . . . . . . . . . .Page 13
Convenient Online Gallery with Password Protection
Bohm Law Group . . . . . . . . . . . . . . . . . . . . . . . . .Page 11 Boutin Jones, Inc . . . . . . . . . . . . . . . . . . . . . . . .Page 18 Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . .Page 29
Photos Beautifully Retouched On Selected Pose blemishes, wrinkles etc.
Capital City Trial Lawyers Association . . . . . . . . . . . .Page 3 Charr Crail Photography . . . . . . . . . . . . . . . . . .Page 34 Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2 Donna Gary Presents Client Tickler . . . . . . . . . . . . . .Page 6
Digital delivery, professional prints or archived onto disk.
Embassy Suites Riverfront . . . . . . . . . . . . . . . . . .Page 9 Jams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2 Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . .Page 7
Online Portfolio: www.charrcrail.com www.charrcrail.me/charrcrail.me/Head_Shots.htm Photos for reproduction sized to exact specifications. (social media, publications, business cards, prints)
Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 34 Northern CA Collection Service . . . . . . . . . . . . .Page 23 Ramirez Arbitration & Mediation Services
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Sacramento Law Library . . . . . . . . . . . . . . . . . . .Page 12 Tom Wagner . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 25 Legal Services Nor Cal Valentine Run . . . . . . . . .Back Cover Scorpion Design . . . . . . . . . . . . . . . . . . . . . . . . .Page 35 Ueltzen & Company . . . . . . . . . . . . . . . . . . . . .Page 29 Western Health Advantage/Hutchison Financial . . .Page 25 Wilner & O’Reilly Immigration Lawyers . . . . . . . . . . .Page 7 Women Lawyers of Sacramento . . . . . . . . . . .Page 6, 10
ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES
Ken Malovos Mediator Arbitrator Referee
Classifieds Attorney Offices: Established Sacramento Law Firm has attorney office spaces available with staff spaces. Common shared reception area, kitchen and conference rooms. Would be prefect for sole practitioner or small group up to 6 lawyers. Parking included. Nageley, Meredith & Miller, 8001 Folsom Boulevard, Suite 100, Sacramento, CA 95826 Tel: 916-386-8282; jkeowen@nmlawfirm.com
3620 American River Dr. Suite 260 Sacramento, CA 95864
(916) 974-8600 Business, Commercial, Construction Claims and Defects, Employment, Insurance, Intellectual Property, Malpractice,
Internship: Student internship opportunity at the Sacramento County Bar Association, contact Mary J. Burroughs, email: mburroughs@sacbar.org or call (916) 564-3780 x206
Probate, Product Liability and Real Estate Disputes. Calendar and further information online at: www.malovoslaw.com
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SACRAMENTO LAWYER JANUARY/FEBRUARY 2013
SCBA Conference Room rental for members: Conference room table seats 16, $20 half day & $40 full day. Contact Sacramento County Bar Association, email: reception@sacbar.org or call (916) 564-3780
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
1329 Howe Ave., #100 • Sacramento, CA 95825