May/June 2016
Education
www.sacbar.org
Photo by Sacramento County Bar Association
SCBA expands educational facilities & programs
School’s out! SCBA works with the Food Bank to help kids who miss meals during summer vacation Deans Mootz and Johnson address how legal education is changing
THIS WEEK’S ADVENTURE
The Case of the New Name on the Door Ueltzen & Co. is now EisnerAmper and expanding services in new directions
It’s not a whodunnit, it’s a whydunnit. We’re combining with EisnerAmper to offer our clients more services, more resources, and more opportunities at the national level. Most of our clients will see no change whatsoever — they’ll be served by the same people, at the same high level of service. But for those seeking new possibilities on a wider stage, your case is now stronger than ever.
TRIAL TESTED – TRIAL READY
Ueltzen & Company is now EisnerAmper 3600 American River Drive, Suite 150 Sacramento, CA 95864 916.563.7790 www.eisneramper.com
EDITOR’S MESSAGE Betsy S. Kimball is a certified specialist in legal malpractice law and the Editor of this publication.
Giants by Betsy Kimball
…. And this time, I don’t mean my beloved baseball Giants. This magazine is the publication of the Sacramento County Bar Association. As the Editor, I feel a responsibility to speak about lawyers who have contributed much to this legal community. We recently noted the death of Judge Loren McMaster. In March, Virginia Mueller passed away. Many of our younger colleagues have never heard of McMaster or Mueller. But we all stand on the shoulders of such giants. In her article on p. 16, Vicki Jacobs recalls a neat story about Mueller’s kindness. And, writing 14 years ago, in the March/April 2002 issue of Sacramento Lawyer, Jacobs noted, “Virginia has gained recognition throughout the world for her efforts to protect human rights, to end discrimination against women and to promote peace through law and international understanding. …” Loren McMaster wrote insightful articles for this magazine for years. I still use them. Less known is his career before ascending the bench. You public lawyers know what a Skelly hearing is. In 1972, one John Skelly, M.D. was a 64 year-old civil service employee of the Department of Healthcare Services. He took long lunch breaks and was absent a lot. His superiors warned him, suspended him, and eventually fired him after an administrator saw Skelly drinking in a bar with a woman during working hours. (What was the adminis-
trator doing in the bar?) McMaster was Skelly’s lawyer. They appealed Skelly’s termination up the chain, losing all the way until the California Supreme issued the landmark decision Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194. I invite you to read the case for yourself. The focus of this issue of Sacramento Lawyer is education. Training lawyers starts, for some, with being introduced to the idea that becoming a lawyer is even a possibility. See Ruthe Ashley’s article, Pathway to Law School Summit Introduces Students to Law Careers, p. 12. Various youth programs are described in this magazine throughout the year, including the peer mediation program described in Ellen Taylor’s article (p. 30) introducing California Lawyers for the Arts (Sacramento) as the SCBA’s newest affiliate. In this issue, we also hear from the forward-looking deans of both Pacific McGeorge and UC Davis Law Schools. As lawyers, our education does not end at Bar admission. Not since the advent of the PC has the practice of law changed more than it is changing now. The message is “keep learning”—checking the compliance box on your MCLE form is no longer enough. The leaders of the SCBA are listening. The SCBA’s response is an ever expanding array of resources and classes. And last (not least): thanks to Ellen Arabian-Lee for the great March/April issue of this magazine which she edited.
See more information on page 32 4
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako, Shoeb Mohammed, Narek Avetisyan MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Heather Cline Hoganson - President Sabrina Thomas - 1st Vice President Sil Reggiardo - 2nd Vice President Jason Jasmine - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org
Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, 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, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2016 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.
CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
MAY / JUNE 2016 VOLUME 117, NUMBER 3
FEATURE ARTICLES 10 Training Skilled Attorneys for the 21st Century 12 Pathway to Law School Summit Introduces Students to Law Careers 14 Legal Community Organizes to Fight Childhood Hunger 18 Educating Lawyers for What’s Next SCBA NEWS 14 Legal Community Organizes to Fight Childhood Hunger 29 Solo/Small Firm Division: Helping Your Small Firm Succeed SECTION & AFFILIATE NEWS
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20 The St. Thomas More Society: Who We Are and Why You Should Join Us 24 Construction Law Section Covers a Diverse Area of Construction Law Topics 26 WMBA Hosts Annual Book Drive for Juvenile Hall Library 28 SABA Sacramento Celebrates its Seventh Anniversary 30 California Lawyers for the Arts (Sacramento)—SCBA’s Newest Affiliate BARRISTERS’ NEWS
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12
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22 Barristers’ Club Update VLSP 16 VLSP: A 35-Year Community Effort
DEPARTMENTS 4
Editor’s Message
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President’s Message
COVER
Education Sacramento Lawyer magazine 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 the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine 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.
Deans Mootz and Johnson address how legal education is changing
www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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PRESIDENT’S MESSAGE Heather Cline Hoganson
Sprung Forward at the Bar
President, Sacramento County Bar Association
by Heather Cline Hoganson
S
ome of you may recall I mentioned in my last message that we were creating two new divisions. The Movers Division kicked off with Virtual Bar Games - check out the SCBA web site for information and to sign up. The charitable works group, the
Shakers Division, has also been approved and will start shaking Sacramento up with Food from the Sac Bar. See Pat Sturdevant’s article on p. 14 to get involved. Feel free to drop off any extra cans of soup at the bar office. While not all of you have had a
chance to visit the new bar office on University Avenue, many of you have attended various mixers or meetings and have told me how great the space, the vibe, and the free parking is. Super kudos to the staff at the bar office for adding those extra touches that have
ABAS Law Foundation
14th Annual Wine & Food Tasting Thursday May 26, 2016 6:00 to 8:30 p.m. Sacramento County Bar Association - Event Center 425 University Avenue, Suite 120 Sacramento, CA 95825
$40 check to: ABAS Law Foundation 555 University Ave., Ste. 235 Sacramento, CA 95825 Other payment options and specials: www.ABASLawFoundation.org
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
Interested in Being a Sponsor? Contact: Josh Kaizuka and Katie Konz WineTasting@ABASLawFoundation.org (916) 706-0678 The ABAS Law Foundation is a 501(c)(3) nonprofit Tax ID Number 91-1859906
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made every event memorable.Correction The needed March MCLE at the Bar offering, featuring Judges David Brown andSee Raya second proof mond Cadei, was so full that not all OK with corrections walk-ins could have a seat. While the 6) 564-3787 JAY-ALLEN EISEN judges did a great job and were a draw Burroughs unto themselves, the sell-out crowd is C I V I L A P P E L L AT E + W R I T + M OT I O N P R A C T I C E bar.org a good reminder to get your reservaCertified Appellate Law Specialist tions in as early as you can to guaranState Bar of California, Board of Legal Specialization SIGN DATE tee seating at events. Best Lawyers in America As I write this, the new Sports and Northern California Super Lawyers Leisure Committee is hard at work putPast Chair, California State Bar Standing Committee on Appellate Courts ting together the 4th annual golf tournaPast President, California Academy of Appellate Courts ment on May 20. Hope to see you there. Fellow, American Academy of Appellate Lawyers (If you don’t golf, come for dinner.) Over 130 Reported Decisions, including: We are considering forming a Bock v. Calif. Capital Loans 216 Cal. App.4th 264 (2013) (Real estate loans) Collins v. Sutter Mem. Hosp. 190 Cal. App.4th 1 (2011) (Summary judgment, new trial) new section on immigration law McAdams v. Monier, Inc., 182 Cal. App.4th 174 (2010) (Consumer Class Action) if you have an interest in this area, Katiuzhinsky v. Perry, 152 Cal.App.4th 1288 (2007) (Medical Damages) please call the bar office or contact Hahn v. Mirda, 147 Cal.App.4th 740 (2007) (Medical Malpractice, Loss Of Consortium) Peter Kyung.
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SCBA Affiliates, Committees, Divisions, and Sections...we have space for you! Tech-ready buffet luncheon or classroom space is available
Judges David Brown and Ray Cadei teach the SCBA MCLE (sold-out) March 30th Seminar on Demurrer Law Under the 2016 Revisions at the Sacramento County Bar Association Event Center.
Upcoming SCBA MCLE Seminars: April 27th - Judge Raul Ramirez, Mediation in a Nutshell May 18th - Tony Bell, State of the Economy and Legal Profession May 25th - Ken Bacon & Tim Zeff, SCBA Mandatory Fee Arbitration Training June 15th - Check SCBA Event Calendar July 27th - Check SCBA Event Calendar August 31st - Check SCBA Event Calendar September 28th - June Paltzer, The Role of the Neuropsychologist in Assisting the Trier of Fact and Beyond
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
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FEATURE ARTICLE
Training Skilled Attorneys for the ation21st Century yer?
Kevin R. Johnson is Dean of the University of California, Davis School of Law. He may be contacted at krjohnson@ucdavis.edu.
n California State Bar Trial Lawyer Hall of Fame, 2001
n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently: u Lawyer of the year, Real Estate Litigation,
Sacramento, 2014
u Lawyer of the Year, Commercial Litigation,
by Kevin R. Johnson Sacramento 2010
u Bet the Company Litigation, 2012, 2013, 2014 u Commercial Litigation, 2012, 2013, 2014
u Litigation-Banking and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014
m C/ (916) 825-9952
nto, CA 95814
F/ (916) 525-8446
www.genshlealaw.com
Sacramento County Public Law Library SCBA 2015 has changed much from the tense days of egal education
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Socratic dialogues made famous by Professor Kingsfield in the iconic film of The Paper Chase. First and foremost, the focus on skills training has grown dramatically in recent years. Second, the challenging employment market facing new attorneys has had law schools thinking seriously about how to expose students to the myriad of career options for MAGAZINE those with a law degree. 1/8 page Ad
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Chief Justice Tani Cantil-Sakauye, UC Davis Law Senior Associate Dean for Academic Affairs Madhavi Sunder, & Dean Kevin Johnson at the recent Pathway to Law Summit
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Along similar lines, several new classes at UC Davis are aimed at exposing students to the richness of the career opportunities for law graduates. Taught in fall 2015, “The Business of Lawyering” course provides students with an understanding of the operation of a small law practice from a business perspective. Ilene Block, who manages the business services practice group for Kronick Ad Duggan, who Moskovitz Tiedemann &163px Girard,-163px and Jennifer has a small Sacramento firm, taught the course. “Setting Up and Maintaining Solo Law Practice” introduces students to the challenges and opportunities of solo law practice. Taught in spring 2016 by Michael Schaps, who has a law office in Davis, the course seeks to educate students about the realities and possibility of hanging their own shingles. Small firm practice is only one of many career options for law graduates. A new course in Careers in the Law will allow students to hear from law graduates who have pursued a variety of careers in the law and related fields. Guest speakers, including lawyers, judges, and scholars, from 916-874-6011 | www.saclaw.org a wide range of settings and practice areas. Guest lectures will be provided by, among others, Justice Kathleen Butz
SCBA eNews
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FEATURE ARTICLE (California Court of Appeal, Third Appellate District), Karen Johnson-McKewan (Orrick, Herrington & Sutcliffe), Amy Williams (managing attorney, Legal Services of Northern California Health), Jennifer Rodriguez (Executive Director, Youth Law Center), and Professor Francine Lipman (University of Nevada, Las Vegas). In addition, courses like Accounting for Lawyers (taught by former Sacramento County Bar Association president B.J. Susich), Spanish for Lawyers, and negotiation and mediation help provide the knowledge and skills helpful to a wide variety of practice areas. Moreover, rich clinical training programs long have existed at UC Davis School of Law. Our immigration, civil rights, family protection, and prison law clinics have trained generations of students in lawyering skills and, better yet, served clients who otherwise would have been without representation. Consider as an example the Family Protection and Legal Assistance Clinic. Since opening in 1999, this clinic has provided free legal representation to victims of domestic violence with legal matters in Yolo County. The Family Protection Clinic changes lives by
obtaining restraining orders, divorce and custody orders, and the financial support necessary to allow clients to go on with their lives. In recent years, Clinic students have tackled the modern-day legal problem of harassment on the Internet. Kelly Behre, Director of the Family Protection Clinic, joined the law faculty in 2014 with more than 15 years of experience working with victims of domestic and sexual violence. Externships offer students practical experience – and a leg up in the competitive job market. To add to its experiential offerings, UC Davis Law recently announced its new Sacramento Externship Program. This program will provide an institutional structure and course component to the externship programs for law students in legislative, government, and nonprofit agencies in the capital region. Director of Externships, Sara Jackson, formerly with Georgetown University, will oversee the program. One of her goals will be to expand the externship opportunities for law students. As this brief description hopes to make clear, law schools, including UC Davis, are truly looking to adapt to the changing demands of lawyering in the 21st century.
www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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FEATURE ARTICLE
Pathway to Law School Summit Introduces Students to Law Careers by Ruthe Catolico Ashley
On
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February 20, 2016, UC Davis Law School hosted the inaugural Pathway to Law School Summit. The collaborative effort included 16 high school law academies created under the California Partnership Academy model with the California Department of Education, 29 California community colleges and six undergraduate and six law schools—all committed to fulfill the Mission:
ABA President Paulette Brown shares her journey
“To establish a pipeline of diverse students from high schools, community colleges, four-year institutions and law schools into law or law-related careers so that the legal profession reflects the diverse population of the State of California.”
“This summit brought together for the first time, our entire educational pipeline from 10th grade to law school. It was exciting for teams of teachers at the high school and community college level to have a chance to share concerns and solutions with each other. Between panels, the buzz was positive and palpable,” stated Ruthe Ashley, Executive Director Emerita of California LAW (Leadership-Ac-
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
Ruthe Catolico Ashley is Executive Director Emerita of California LAW (Leadership-AccessWorkforce) and currently serves on the Board of Directors of the American Bar Association. She can be contacted at ruthe. ashleyesq@gmail.com.
cess-Workforce), the organization that was created to support and build this pathway and and host of this summit. Inspiring speakers, including Chief Justice of California Tani Cantil-Sakauye and newly-minted Executive Director of the State Bar of California Elizabeth Rindskopf Parker, both spoke of their strong support of the educational pipeline and the absolute need for a diverse legal profession to increase trust and confidence in the justice system. Both believed the pipeline introducing students to careers in the law, especially those in disadvantaged communities, is an absolute necessity to meet the profession’s goals for diversity. The lunchtime keynote was the barrier-breaking American Bar Association President, Paulette Brown. Brown is the first woman of color to hold the ABA’s highest office, and her Diversity 360 Commission is redefining diversity for the legal profession.
FEATURE ARTICLE law schools all signed a Memorandum of Understanding committing to creating the Pathway to Law School from community college to law school. The project was brought to life by Thuy Thi Nguyen, then chair of the College to Law School committee of the State Bar’s Council on Access and Fairness. Now, in its second year of implementation, this Pathway summit was the first event to bring the entire pipeline from high
school to law school into one room. “It was an exciting day where old friendships were cemented and new ones were started. I learned so much and now am ready to inspire my entire team in the work that we are doing,” stated Emily Quinlan, California LAW’s Board Secretary and Faculty Champion at Saddleback College. All are looking forward to the 2017 Summit which will be held at UC Irvine School of Law.
Elizabeth Rindskopf Parker, Executive Director of the State Bar of California, recounts the history of the educational pipeline into the law
Panels addressed the growth, success, and challenges of the high school law academies as well as the structural and implementation challenges facing the community college law pathways. Undergraduate deans of admissions shared information on transfers from our partner community colleges into undergraduate institutions. Six law schools were represented on the final panel on Tips for Success along the Pathway to Law School. The first piece of the pipeline was launched in 2010 with the creation of the first six high school law academies throughout California. The State Bar asked to work with the California Department of Education to build these academies using the California Partnership Academy model. That model targeted “at risk” students in public high schools thereby creating highly diverse classrooms. This was the first “boots on the ground” program for the State Bar of California under the leadership of then Executive Director Judy Johnson. Former Board of Trustees member Ruthe Ashley, working with Patricia Lee, Special Assistant for the State Bar’s Diversity work, led the formation and implementation of the law academies. On Law Day (May 1, 2014), 24 community college presidents or their designees, six partner undergraduate chancellors and deans of their respective www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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SCBA NEWS
Patricia Sturdevant is a consultant on health care and insurance law issues. She can be contacted at patricia. sturdevant@gmail.com.
Legal Community Organizes to Fight Childhood Hunger by Patricia Sturdevant
The
Sacramento County Bar Association’s new Shakers Division is launching Food from the Sac Bar to combat hunger among children in our community. Although Sacramento prides itself on being the farm-to-fork capital, there are 245,000 food insecure residents in the county. That means one in three Sacramento children lacks access to enough nutritionally adequate food for an active, healthy life. When schools close for the summer, food insecurity and hunger increase because thousands of those children no longer have access to school breakfast and lunch programs, a critical source of their nutrition during the school year. This is an enormous problem, with life-long adverse consequences for children’s health and well-being. To combat this problem, Food from the Sac Bar aims to collect at least 5,000 pounds of food and $5,000 for Sacramento Food Bank & Family Services (SFBFS), the main food bank in Sacramento County. This year’s program builds on those in 2010 and 2011, and will supplement the support provided to SFBFS by the Capitol City Trial Lawyers Association as part of its spring reception. The program kicked off with a reception at SCBA headquarters on April 20th. Until June 3rd, members of the legal community will donate food, contribute money to buy food, and/or volunteer time to sort and pack donated food items to meet
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When schools close for the summer, food insecurity and hunger increase because thousands of children no longer have access to school breakfast and lunch programs. the increased need for food during the summer months. SFBFS will work with on-site coordinators to deliver and pick up barrels for collecting food donations at every participating location, and for every organization’s event or meeting occurring during the campaign. Preferred items are non-perishable, nutritious, low sodium and reduced sugar foods, such as canned tuna, canned meats, peanut butter, beans, soup, canned fruit in water, macaroni and cheese, canned vegetables, dry or canned baby food, and baby formula. Cash contributions will be easy to make on line, and will be effectively used. Every dollar donated will provide two or three meals. SFBFS is an outstanding organization with which to partner to fight childhood hunger. SFBFS runs 14 diverse programs and services, including emergency assistance with food and clothing; adult, parent and youth education; and help in applying for food assistance from the CalFresh program. Its staff of 79 employees and several
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
thousand volunteers offer compassionate support and a compass for families navigating difficult times. And it has a stellar record of accomplishment: 150,000 men, women and children receive support from SFBFS every month, free of charge. SFBFS distributes food at a dozen community sites throughout Sacramento in a respectful and dignified manner. It sets up distribution sites like an open air farmers’ market, so that individuals and families can see the goods and produce, enjoy samples, take suggested recipes, gather health and nutrition information, and ask questions about the items they are obtaining.
Bar association food programs are flourishing in many communities throughout the country and in San Francisco, Contra Costa County, and Los Angeles, among other California locations. We invite and welcome the participation of all members of the Sacramento legal community; please join us in making a positive difference in the lives of Sacramento’s children. Can your firm host a barrel? For further information, or to volunteer, contact patricia.sturdevant@gmail.com or mburroughs@sacbar.org.
2016 ~ Food From the Sac Bar
Help Summer 2016 ~ Fight FoodHunger Fromthis the Sac Bar Kick Off Party Event is on Wednesday, April 20, 2016 Help Fight Hunger from this5pm Summer at the SCBA headquarters to 7pm
Kick Off Party Event is on Wednesday, April 20, 2016 at the SCBA headquarters from 5pm to 7pm
How you can become involved: Simply say “yes” and sign up your firm, organization or office. It’s that easy to request a barrel. Register online at www.sacbar.org or go to http://www.sacbar.org/food-from-the-sac-bar.html and fill out online or send back this registration form to Mary Burroughs, Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825. Most participating groups designate both an “attorney contact” and an “administrative contact.” The main role of the attorney contact is to rally support and encourage participation; the administrative contact’s job is to arrange for collection barrel pickup and delivery, coordinate volunteer shift sign-ups, and handle other administrative matters. Getting staff involved is key to success. The Food Bank takes care of the rest, and will send you updates and details, including ideas about how to raise funds and increase participation. Or you can contact Peggy Marshall, Donation Drive Coordinator, Sacramento Food Bank & Family Services at (916) 952-4505 or e-mail: pmarshall@sacramentofoodbank.org.
Please spread the word about Food from the Sac Bar to your colleagues at other firms and government offices. No child should have to go to bed hungry.
Yes request a barrel
Yes make a donation $______________
YOUR NAME: _________________________________________________________________________________________________________________ COMPANY NAME: ____________________________________________________________________________________________________________ ADDRESS: ____________________________________________________________________________________________________________________
How you can become involved: Simply say “yes” and sign up your firm, organization or office. It’s that easy to request a barrel. Register online at www.sacbar.org or go to http://www.sacbar.org/food-from-the-sac-bar.html and fill out online or send back this registration form to EMAIL: ______________________________________________________________________________________________________________________ Mary Burroughs, Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825. Most participating groups designate For more information or questions contact Mary Burroughs, Executive Director Sacramento County Bar Association both an “attorney425 contact” and Ave., an “administrative contact.” The main role of the attorneyorcontact is to rally support and encourage particiUniversity Suite 120, Sacramento, CA 95825 • (916) 564-3780 email mburroughs@sacbar.org pation; the administrative contact’s job is to arrange for collection barrel pickup and delivery, coordinate volunteer shift sign-ups, and handle other administrative matters. Getting staff involved is key to success. The Food Bank www.sacbar.org takes care of the rest, and2016 will| SACRAMENTO send you updates and details, | May/June LAWYER 15 including ideas about how to raise funds and increase participation. Or you can contact Peggy Marshall, Donation Drive Coordinator, Sacramento CITY: _______________________________________________________________________ STATE: ______________________ ZIP: _______________
VLSP
Vicki Jacobs is the
VLSP: A 35-Year Community Effort
Managing Attorney of the Voluntary Legal Services Program. She may be contacted at vjacobs@vlsp.org.
by Vicki Jacobs
2016
is the 35th anniversary of VLSP’s founding, and we at VLSP are grateful that, each year, we are able to assist several thousand indigent members of our community get the legal help they cannot afford. Because our staff is small, as a pro bono organization, the bulk of the work is done by volunteers from our local legal community. You, the volunteers, help— • by working in our legal clinics, • by taking a pro bono case through referral from our offices, • by meeting patrons of the Sacramento County Public Law Library for 20-minute triage and information sessions, • by serving on our Board of Directors or our Advisory Committee, • by participating in our annual fundraiser—our Phonathon, • by making generous donations, • by recommending VLSP as a recipient of cy pres funds in class action cases where you represent a party (those cy pres funds have kept us going during the last 8 years of economic downturn and decreased funding). Some of you are former law student interns of our Employment Law Clinic who return as volunteer as attorneys after being admitted to the bar (this is always very satisfying, as it
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shows us that the tradition of pro bono service will continue). There are so many people who have been involved with VLSP since its founding in 1981 that I cannot name you all. It is my honor to know many of you personally. For each and every one of you who has helped in some way, including the SCBA and Legal Services of Northern California (we are a joint project of these organizations), and on behalf of the staff of VLSP, thank you. You have helped people you will never know, like the young, financially-struggling couple with children of their own who decided to become guardians of their nieces and nephew to give them a stable family life. By the way, years later, all the kids are doing great. You have helped people whose lives have been nearly destroyed by illness and subsequent job losses who have accrued debts, especially medical bills they will never be able to pay, escape the constant and fruitless harassment of creditors that damages their mental and physical health. You have helped a single mother get back her children from their father, who took them to Georgia during visitation and refused to return them. May God bless Virginia Mueller, who recently passed away, for taking the mother to Georgia, going to court, and getting an order for the children’s return. She used frequent flyer miles to get everyone home to Sacramento.
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
Rest in Peace, Virginia. We appreciate all you did for our clients, starting when we opened our doors in 1981.
Virginia Mueller (1924-2016)
You have helped seniors get estate plans written because even though they don’t have much in their estates, they need to have the right person making their medical and financial decisions when they unable to do so because of incapacity. You have helped people who have been laid off, especially over the last eight years, get the unemployment insurance benefits they were wrongfully denied. You have helped employees receive compensation from their employers for overtime not paid and breaks not given as required by law. You have also helped when we have had to gently tell our clients that,
unfortunately, no legal remedy exists for their problem and that the energy they are spending on this issue might best be directed elsewhere in their lives. I would also like to thank VLSP’s dedicated staff, all of whom have been with VLSP for over a decade. The extent of our ability to help people with their legal problems has risen and fallen with the state of the economy over the last 35 years. We started with one part-time staff member, June Black, for whom our annual volunteer of the year award is named. Funding for certain clinics has come and gone. Funding for certain staff positions has come and gone. Despite the ever-changing landscape, we leverage what minimal amount of services our small staff could directly provide given time constraints into thousands of hours of free legal services each year and that has been a constant in this community over the past 35 years. VLSP would not be here but for the dedication of Judge James Mize, then a private practitioner, and former SCBA President Tom Eres, both of whom saw the need for further legal services to the poor than that which existed in 1981. By focusing the discussion in our legal community on the core value of equal justice for all, the support for establishing VLSP grew. Their partnership built a project that is a long-time asset to our community. We are grateful for their foresight and faith in the Sacramento legal community to do the right thing in helping assure access to justice for all. VLSP will be celebrating its 35th anniversary this year at an event in early June. If you would like further information about this event, please contact Vicki Jacobs, VLSP’s Managing Attorney, at vjacobs@vlsp.org. www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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FEATURE ARTICLE
Educating Lawyers for What’s Next
Francis J. Mootz III is Dean and Professor of Law at the University of the Pacific, McGeorge School of Law. He may be contacted at deanmootz@pacific.edu.
by Francis J. Mootz III
It
is now commonplace to acknowledge that there is an ongoing structural transformation in legal practice. There are three principal sources of this disruptive change. First, the modern administrative state has given rise to a complex governing structure that has eclipsed the common law courts. Second, technological advances permit automation of many tasks formerly performed by lawyers. Third, there is an increasing need for interdisciplinary approaches to problems, in which lawyers and other professionals work together to achieve their clients’ complex objectives. Recently, the media has focused on the economic challenges facing lawyers and the corresponding sharp reduction in applications to law school. It would be foolish to ignore reality, but I am convinced that lawyers will continue to be bulwarks of society. There is no more astute observer of these changes than Richard Susskind, who in Tomorrow’s Lawyers (2012) made clear that there is a need for lawyers educated to thrive in the new normal: “The legal market is in an unprecedented state of flux. Over the next two decades, the way in which lawyers work will change radically. Entirely new ways of delivering legal services will emerge, new providers will enter the market, and the workings of our courts will be transformed. Unless they adapt, many traditional legal business will fail. On the other hand, a whole set of fresh opportunities will present themselves to entrepreneurial and creative young lawyers.” It is not a given that all law schools will respond to these changes, because legal education is incredibly conservative. Harvard Law did not admit women until 65 years ago, even though well before that time women could be licensed as attorneys in every state. I am proud that McGeorge is directly confronting this disruption in the legal market by ensuring that our students are prepared for contemporary legal practice. Our location in California’s capital provides the perfect setting to prepare our graduates to adapt to these fundamental challenges and to thrive anywhere in the world. At McGeorge we have made innovative changes to ensure that our graduates will be among the creative entrepreneurs who continue the proud tradition of the legal profession. The slow and steady days of the common law system have been replaced by a complex bureaucracy driven by legislation
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
and implemented through extensive regulations. It is not reasonable for students to complete their first year of studies without a solid understanding of how the administrative state operates, since it forms the basis of most of the elective courses that they will take. At McGeorge we require all students to take a course in Statutes and Regulations that provides this grounding. Our Capital Center for Law and Policy provides students with the opportunity to participate in programs and externships that deepen their knowledge. The students working in our nationally acclaimed legislative clinic do not just study the laws on the books; they put laws on the books. Our students must be prepared for the legal world that exists now, not the world that existed when Dean Langdell at Harvard created the casebook approach to pedagogy. The effect of technology on legal practice is only beginning to be felt. As one who remembers using print books to “Shepardize” cases manually, the changes over the past 30 years have been significant, but they are increasing. Lawyers traditionally offered customized personal services to clients, but that has rapidly changed with the increased use of standardized approaches and ultimately to the use of computers to commoditize many aspects of what lawyers used to do. For example, the use of predictive coding computer programs to search through millions of documents produced in discovery is on the rise and arguably performs the task as well and at a fraction of the time and expense of the army of lawyers it once took to complete the same work. Moreover, the growth of companies such as RocketLawyer.com evidences the ability of packaged products to serve individual clients’ needs. RocketLawyer is just one of many sophisticated ventures that follow a new model. Its CEO was formerly with LinkedIn, and it is backed by $43 million in venture capital. Recently, Sacramento based QuickLegal was a finalist in an entrepreneurship competition for its development of a phone app that connects clients and lawyers. At the corporate level the story is the same. The emergence of firms such as UnitedLex, with offices around the world, are providing multi-professional services that include legal, business, and digital contracting services guided by sophisticated project management to ensure that their business clients receive superior service at reasonable cost. In this dynamic environment, lawyers must build their professional career carefully and strategically. We require every
FEATURE ARTICLE McGeorge student to take The Legal Profession in their first structure. Increasingly, business firms utilize in-house counsel year, enabling them to begin this process. In this course, stuas part of interdisciplinary teams pursing multi-faceted objecdents are introduced to the business of law, social media for tives. Law students must learn how to work on such teams. lawyers, principles of working collaboratively, and how to find McGeorge is the only law school in the country that offers and cultivate a career using their law degree about which they Master of Public Policy and Master of Public Administration are passionate. A critical part of legal education and finding a degrees as part of an integrated approach to law and policy. Dicareer calling is experiential opportunities versity is also provided by foreign lawyers to do what lawyers do, rather than just learn pursuing their LL.M. degree and working about lawyering in a book. In a fast-changprofessionals pursuing a Master of Science ...lawyers must build ing world, students must have the opporof Law degree when their career or career tunity to exercise judgment and to begin plans do not require bar admission. We are their professional developing wisdom through action. Every creating a professional school that mirrors career carefully and student must complete a legal clinic or the interdisciplinary world in which our externship, and also must take simulation graduates will practice. Sophisticated clistrategically. courses. When a student learns by doing, ents seek lawyers who understand policy the lesson is more subtle and more adaptformation and implementation through the able to new circumstances. Our focus on regulatory state. building career capacity culminates in the career development McGeorge is not alone in rising to meet the challenges assistance provided as students transition to careers with priposed by the disruptive changes in the legal market. Together, vate law firms, industry, government and nonprofits. America’s law schools must ensure that tomorrow’s lawyers are Finally, the idea of lawyers as specialized experts working prepared for the world they are entering. By committing ourin a silo has long been overcome by the complexities of modern selves to educating lawyers for what’s next, McGeorge continlife. Lawyers work closely with policymakers to create the legal ues its 93-year legacy of innovation and excellence.
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FEATURE ARTICLE
The St. Thomas More Society: Who We Are and Why You Should Join Us by Angela M. Lai
Angela M. Lai is the 2016 President of the STMS. She may be contacted at angelamlai@gmail.com.
Bishop Jaime Soto with STMS board and members
“My case was such in this matter through the clearness of my own conscience that though I might have pain I could not have harm, for a man may in such a case lose his head and not have harm.” – St. Thomas More
A
re you a judge, attorney, law student, legal professional, or legislative advocate? Are you interested in being a part of a mutual support group that focuses on civility and ethics, personal spiritual growth, and interfaith understanding? If you answer yes to the above questions, then you should consider joining St. Thomas More Society, Sacramento (STMS)! Founded in 1986, the STMS is an SCBA affiliate sponsored by Catholic lawyers, with our membership open to judges, lawyers, law students, legal professionals, and legislative advocates of any religious persuasion. For 30 years, our organization has served as a mutual support group and a forum for interfaith understanding. The STMS does not engage in advocacy or take stands on controversial political questions. The STMS is named for the 16th century lawyer, judge, and first layman to serve as Lord Chancellor of England, then the crown’s chief minister and highest judicial officer. Executed after refusing to submit to the Oath of Supremacy demanded by Henry VIII, St. Thomas More has inspired judges, attorneys, legal professionals, and public servants of different faiths for generations. Members of the STMS regularly benefit from informational and inspirational events. In furtherance of St. Thomas More’s heritage, our organization offers monthly speakers to educate, enlighten, and encourage conversation and debate on legal, ethical, moral, spiritual, and social issues of our
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
day. Throughout the year, the STMS hosts various exciting events. Here’s a taste of the type of events to look forward to: • May 18, 2016 – Joint MCLE lunch program co-sponsored with the Sacramento County Public Law Library. U.S District Judge Troy Nunley and Father Hightower will speak on the roles and differences in civil law and canon law (the legal system used by the Catholic Church). MCLE: 1 hour in substantive law (pending). • June 21, 2016 (tentative) – Annual Feast Day Reception, celebrating the 30th anniversary of STMS, featuring Justice Louis Mauro as Keynote Speaker, and honoring Loaves and Fishes Executive Director Sister Libby Fernandez as recipient of the sixth annual Father McDermott Award for Integrity. • October 2016 – Annual Red Mass. Interested in finding out more about our organization and upcoming events? Please contact one of our board of directors: President Angela Lai, Vice-President (Programs) Herb Bolz, Vice-President (Membership) Tom Redmon, Treasurer Tom Frame, Directors at Large Mary Bressi, Heather Hoganson, Nora Quartuccio, Bruce Timm, and Plauché Villeré. To stay up-to-date with our events, please email stms.sacramento@yahoo.com to add your name to our email list. Or find us on Facebook under “Saint Thomas More Society, Sacramento.”
Take five minutes on May 3rd to give to Sacramento Law Foundation and make a donation, please click on https://bigdayofgiving.org/#npo/sacramento-law-foundation or copy and paste into your browser. Looking for a reason to be proud of our region? Just log onto www.bigdayofgiving.org and watch the total number and value of donations climb. Give and be a part of the most generous community in the country by raising $5 Million! How you can help on May 3rd: 1. Make a donation (starting as small as $25) to Sacramento Law Foundation at https://bigdayofgiving.org/#npo/sacramento-law-foundation 2. Spread the word. Tell your friends, post on Facebook, and tweet about it. This is an opportunity to be part of something really big. Help us get there. 3. Attend one or both of the Sacramento Law Foundation Reception on Tuesday, May 3, 2016 (AT TWO LOCATIONS) the Sacramento County Bar Association Office, 425 University Ave., Suite 120, Sacramento, CA 95825 anytime during the day or from 4pm to 6pm (a FREE DRINK on us while you make your donation online) or at Brasserie Capitale, 1201 K Street, Sacramento, CA 95814 from 5pm to 7:30pm for a FREE DRINK on us while you make your donation online (laptop computers will be available). We are also having a Grand Door Prize drawn at 7pm at Brasserie Capitale for a chance to win dinner for 4 at The Kitchen. Sacramento Law Foundation, 425 University Ave., Suite 120, Sacramento, CA 95825 | (916) 564-3780 | Fax (916) 564-3787 | www.sacramentolawfoundation.org
www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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SECTION & AFFILIATE NEWS
Caroline Colangelo is the 2016 Barristers’ Media Chair and an associate at Delfino Madden O’Malley Coyle & Koewler LLP. She can be contacted at ccolangelo@delfinomadden.com.
Barristers’ Club Update by Caroline Colangelo
n California State Bar Trial Lawyer Hall of Fame, 2001 n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently: u Lawyer of the year, Real Estate Litigation,
Sacramento, 2014
u Lawyer of the Year, Commercial Litigation,
Sacramento 2010
u Bet the Company Litigation, 2012, 2013, 2014 u Commercial Litigation, 2012, 2013, 2014 u Litigation-Banking and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014
Lauren Foust Sorokolit, Connor Olson, & Rob Sorokolit enjoy a laugh at the Barristers’ March Madness Mixer
Jonny Bateman, Jenni Harmon, & Katie Nystrom mingle at the Barristers’ March Madness Mixer
Bridging the Gap Seminar
Motion for Summary Judgment Seminar In March, Barristers’ Club members converged at Downey Brand to attend the 2016 Motion for Summary Judgment Seminar presented by Kelley M. Lincoln of Boutin Jones, and Anthony L. Vignolo and Jennifer L. Williams of Downey Brand. Each presenter provided practical examples and thoughtful advice regarding how to succeed in bringing or defending a motion for summary judgment. The Barristers’ Club would like to thank them for their insight and guidance on this important topic.
) 825-9952On F/ (916) 525-8446 a rainy Saturday in late February, the Barristers’ Club hosted its annual Bridging the Gap seminar at Pacific Mcwww.genshlealaw.com George School of Law. U.S. District Judge Kimberly J. Mueller, Superior Court Judges James M. Mize and Sharon A. Tom Wagner - SCBA 2015 Lueras, and distinguished practitioner Bruce M. Timm of Boutin Jones graciously shared their time and important insights and anecdotes with attendees about best practices for ensuring a successful legal career. The panel addressed issues such as ethics, trial practice in the Sacramento County Superior Court, federal court practice, and family law. The Barristers’ Club thanks Judges Mueller, Mize, and Lueras and Bruce Timm for participating in MAGAZINE this successful MCLE event.
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March Madness Social In conjunction with the NCAA March Madness Basketball Tournament, the Barristers’ hosted a mixer 163px Club -163px Banner Adat Orchid Thai Restaurant on March 24th. Barristers’ members mingled with each other and munched on a sampling of Orchid Thai’s delicious appetizers and cocktails.
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Watch the Calendar for Upcoming Events The Barristers’ Club has an array of programming planned for the upcoming months including seminars focusing on mediation practice, deposition strategies and the Barristers’ annual Law and Motion Seminar. The Club also looks forward to hosting its 24th Annual Summer Associates Reception at The Park Ultra Lounge on July 21, 2016. The event honors the Diversity Fellowship Program and is a favored Barristers’ event for local practitioners, Northern California judges and summer associates alike. For more information regarding twagner@hebw.com | (916)please 449-3800 sponsorship opportunities or event details, e-mail Katie Nystrom at Katie.nystrom@calrecycle.ca.gov.
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SECTIONS & AFFILIATES
Construction Law Section Covers a Diverse Area of Construction Law Topics by Jessica Robison
Jessica Robison introduces speaker Steve Penstein
T
he SCBA’s Construction Law Section (CLS) provides educational programs and networking opportunities for construction law attorneys. Recently reinstated after decades of growth and development in the Sacramento region, CLS has doubled its membership in a few short months and has covered a diverse area of construction law topics. In January of this year CLS kicked off its first section meeting with a presentation by two of its members, Melissa Blair Aliotti of Aliotti Dispute Resolution, P.C. and Daniel Yamshon. The presentation covered the spectrum of alternative dispute resolution available, with a focus on alternative dispute resolution in construction law cases. Blair and
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
Jessica Robison is an attorney with Trainor Fairbrook and the 2016 Chair of the Construction Law Section. She can be contacted at jrobison@trainorfairbrook.com.
Heather Puentes, Daniel Yamshon, Jim McCurley, & Maggie Stern
Yamshon used their substantial experience as neutrals in construction law to provide helpful insight on the advantages and disadvantages of the various forms of alternative dispute resolution. In March, CLS held its section meeting at the new office of the Sacramento County Bar on St. Patrick’s Day. Steve Penstein of Penstein Group LLC presented on window installation issues, including examination and installation of workmanship practices pertaining to component or assembly failure, investigative practices, party allocation, and repair options. Penstein’s presentation was complete with a live mock-up window installation. Penstein’s 30 year-plus experience as a general contractor and building consultant/expert witness richly enhanced the presentation and allowed for a meaningful dialogue between Penstein and the CLS membership during the presentation. CLS looks forward to its May 19, 2016 section meeting, which will take place at the SCBA office. CLS section member Mary E. Furst, CPA/ABV, CFF, CFE, and Jim McCurley, CPA of RGL Forensics will present on the evaluation and handling of delay claims in construction cases. CLS looks forward to continuing to grow its membership and to providing further educational and networking opportunities for construction law attorneys in the Sacramento region.
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SECTIONS & AFFILIATES
Maureen C. Onyeagbako
WMBA Hosts Annual Book Drive for Juvenile Hall Library
is a Deputy Attorney General with the California Department of Justice and a Staff Editor of Sacramento Lawyer. She can be contacted at Maureen.Onyeagbako @doj.ca.gov.
by Maureen C. Onyeagbako
V
T
he Wiley W. Manuel Bar Association (WMBA) held its fourth annual “Literacy Liberates” book drive on March 3, 2016. Oak Park’s literary headquarters, Underground Books, served once again as the meeting ground for local attorneys, judges, probation officers, juvenile hall wards, and community members in support of the Juvenile Hall Library. The Honorable Stacy Boulware Eurie, Presiding Judge of Sacramento County’s Juvenile Court, provided keynote remarks. She explained that Sacramento County has developed an appreciation for the “whole child,” meaning that it considers youths coming through the juvenile court system as children rather than as little adults. Regardless of whether a youth enters the system through delinquency or dependency proceedings, the court system takes a multi-faceted approach to support youths and families. This support includes giving parents the tools to help their children succeed, like ways
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Some of the favored books
for dealing with behavioral issues. The “whole child” approach involves not only youths and their families, but also the Juvenile Court, the Probation Department, Child Protective Services, and schools working together in the interests of the child. WMBA’s book drive fits within the model because it facilitates exposing at-risk children to literature without judgment. Supervising Probation Officer Ray Lozada and Probation Assistant Tiffany Merritt echoed Judge Boulware Eurie’s sentiments. Lozada reminded the audience that youths coming through the juvenile detention facility will likely go back to the community so it is important to reflect on what they are learning during their time in custody. Merritt, who spends at least one hour with each youth who comes through library, said that wards often come in reading at a second or third grade level. By utiliz-
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
ing the library’s resources, some will leave reading at sixth or eighth grade levels with books like the Harry Potter and Divergent series. A juvenile hall alum gave a firsthand account of the library’s benefits. First, he recounted his grandparents reading to him as a child and encouraging him to read on his own to get ahead and stay out of trouble. He admitted to getting away from that when he entered high school, but started reading again at juvenile hall. Books helped him stay focused and to imagine different possibilities for his life. Reading also increased his vocabulary and helped with his budding career as a music writer. WMBA’s President, Gary P. Lindsey, Jr., closed the event with a reflection on the important work being done in the juvenile court system. He recommends that, whenever you have an opportunity to help a child in the juvenile justice system, you should take it.
Cas� Garde� R � � � � � � � �Supporting � � E � the ��� C����� Great Food for a Great Cause
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RESTAURANT & EVENT CENTER Great Food for a Great Cause Casa Garden Restaurant & Event Center provides an excellent venue at a convenient location with free parking for business meetings, other special events, or just a delicious lunch with colleagues or friends. Not only can Casa Garden meet your needs, you will be supporting a great cause because all proceeds help fund the services provided by the Sacramento Children’s Home to children and families at risk.
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www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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Brad Coutinho is the
SECTIONS & AFFILIATES
SABA Sacramento Celebrates its Seventh Anniversary
2016 Co-President of SABA of Sacramento. He can be contacted at brad.coutinho@ gmail.com.
by Brad Coutinho
Amar Shergill, Senior Associate Dean Madhavi Sunder of UC Davis School of Law, & Justice Art Scotland (ret.)
T
he South Asian Bar Association of Sacramento (SABA Sacramento) held its annual reception on March 29, 2016. SABA Sacramento was honored to have Senior Associate Dean Madhavi Sunder of the UC Davis School of
Harveen Gill, Brad Coutinho, Sonia Fernandes, Senior Associate Dean Madhavi Sunder, Kishwer Barrica, & Vishali Singal
Law as the keynote speaker at this intimate reception. Sunder is a leading scholar of law and culture and was named a Carnegie Scholar in 2006. She has published articles in the Yale Law Journal, the Stanford Law
Omar Raja, Hari Kumar, Daljit Ghuman, Robin Basra, Sara Harbarger, & Ninder Grewa
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
Review, the California Law Review, and Law and Contemporary Problems, among others. Her book, From Goods to a Good Life: Intellectual Property and Global Justice, was published by Yale University in 2012. As the keynote speaker, Sunder eloquently conveyed the issues facing the South Asian community in the legal profession. She explained that while many inroads have been made, South Asians remain severely underrepresented in law firms, the judiciary, and other prominent positions of influence. Sunder expressed that to overcome these obstacles there must be a concerted effort to mentor, support, and foster talent within the community. This address was well received and inspired those in audience to follow her advice.
agaries of litigation than a trial lawyer?
Sacramento, 2014
u Lawyer of the Year, Commercial Litigation,
Sacramento 2010
Summer
u Bet the Company Litigation, 2012, 2013, 2014 D.Commercial Haro is anLitigation, 2012, 2013, 2014 u
and Finance, 2012, 2013, 2014 attorney with Goodman & u Litigation-Banking Estate, 2012, 2013, 2014 Associates and the Chair u Litigation-Real of the Solo/Small Firm Practice Division. She can be contacted at suharo@ goodman-law.com.
SECTIONS & AFFILIATES
Solo/Small Firm Division: Helping Your Small Firm Succeed by Summer D. Haro
he SCBA’s Solo/Small Firm Division (SSPD) is off and & Technology, john@johncaleborcutt.com; Law Practice running. Focused on the needs and strengths particular Marketing & Expansion, rhause-schultz@goodman-law. to firms with four or fewer attorneys, the SSPD is building com; Ethics, suharo@goodman-law.com; and Law School a networking and mentorship community to help solo and Liaison, tyler@tqdlaw.com. e@GenshleaLaw.com small-firm attorneys become better attorneys. Sponsorship. To sponsor the SSPD or any of its events, / (916) 525-8444 C/ (916) 825-9952 F/ (916) 525-8446 Looking forward, the SSPD plans on hosting four ethics please contact eriksen@meriksen.com for more information. MCLEs per year, interspersed with MCLEs on starting a law ite 1750 / Sacramento, CA 95814 www.genshlealaw.com COMING UP: practice, marketing, and the incorporation of technology for May 17, 2016, 5:30pm—Spring Meet & Greet, at Unismall firms. versity of Beers, with hors d’oeuvres and cocktails (drink Membership. Membership in the SSPD is free for any tickets will be provided). SCBA member in a solo/small firm. See the SCBA’s website June 28, 2016, 5:00pm—Top 5 Ways to Avoid Legal for the SSPD, http://www.sacbar.org/solosmall-practice.html. Malpractice (Ethics MCLE, with speakers Natalie Vance Subcommittees. The SSPD is also looking for memdiation and Port Parker), at theAd: SCBA Office, $25/SCBA Members, bers to join subcommittees for spearheading MCLE events. 1/4 Page sue $30/Non-SCBA Members, $10/SCBA Student Members. Members are all in small firms so the more help there is, the Dan Meeks Consulting Registration for both less work it will be. Please contact the following if youMAGAZINE are Jan/Feb 2016events issueis available through the SCBA’s website for the SSPD, http://www.sacbar.org/solosinterested in joining a subcommittee: Opening a Law Pracmall-practice.html. tice, rob@hofmannlegal.com; Law Practice Management
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California Lawyers for the Arts (Sacramento)–
Ellen Taylor is the Associate Director (Sacramento Area) of California Lawyers for the Arts and can be contacted at ellen.taylor@ calawyersforthearts.org. Amy Kim is a CLA intern. She can be contacted at asykim@ucdavis.edu.
SCBA’s Newest Affiliate by Ellen Taylor and Amy Kim
C
alifornia Lawyers for the Arts Sacramento (CLA Sacramento) is honored to be the newest affiliate of the SCBA. CLA invites all the members of the SCBA to one of CLA’s time-honored traditions and popular events: the Ninth Annual Artistic License Awards program, on Tuesday, May 17th, at the California Automobile Museum. Since 2008, the Artistic License Awards have recognized various trailblazers who have driven policy and/or community changes resulting in meaningful and influential innovations for the arts in California. This year, CLA Sacramento has the privilege of honoring Senator Mark Leno, Senator Jim Nielsen, Philanthropist Marcy Friedman, Impressario Art Luna, Community Developer Ali Youssefi, and the extraordinary choral group, The Sacramento Gay Mens Chorus. Founded in the Bay Area in 1974, CLA was a response to the growing concerns of artists and attorneys who wanted to bridge the gap between the arts and the legal community. CLA’s mission was to empower the creative community and its place in the community at large by offering the means for not only greater knowledge of artist’s legal rights but also accessible methods to assert and protect them. Today, CLA is a statewide 501(c)(3) nonprofit service agency with offices in Sacramento, San Francisco, Berkeley, and Santa Monica. Its core programs are low-cost community dispute resolution and art-related
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Ellen Taylor and Sacramento State Professor and CAPCR Director Ernest Uwazie (left) visit the Ashaiman Community Mediation Center in Accra, Ghana
legal support services (including lawyer referrals and legal education to artists, arts organizations, and the community at large). The Sacramento office of CLA started its operations in November of 1996, and, under the leadership of Ellen Taylor, and has expanded while maintaining CLA’s original mission. CLA Sacramento initially offered, and still continues to offer, Arts Arbitration and Mediation Services (AAMS), an alternative dispute resolution program. Arts-related disputes are resolved through a variety of services, including mediation, arbitration, conciliation, negotiation, counseling, and facilitation.
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
In 2008, CLA Sacramento integrated the Sacramento Mediation Center (SMC) into its repertoire of services. SMC makes an affordable service for accessible, confidential, and neutral conflict resolution assistance available to individuals, families, businesses, organizations, neighborhoods, and government agencies. CLA Sacramento also manages the Civil Harrassment Court Mediation (CHCM) program, originally established by the SMC in 1990. The intent of CHCM was to relieve pressure on the court system by reducing the number of cases going to court through mediation. By providing highly skilled
SECTIONS & AFFILIATES and trained volunteer mediators to the Civil Harrassment courtoom on a weekly basis, CHCM has consistently performed beyond its expectations in reducing the need for court intervention and successfully facilitating the process through which parties reach their own agreements. In 2013, CLA Sacramento launched the Youth Mediators in Schools (YMS) program, with the goal of reducing bullying and peer violence, improving both the social and emotional learning environments in the youths’ schools and communities, teaching students how to resolve conflicts for their peers, and developing good character and leadership skills. YMS is driven by core mediation principles, including neutrality and the emphasis on non-judgmental and creative problem solving by peer mediators, in a protected and confidential setting. Focusing on middle school students, the YMS curriculum is both original and unique in that it draws from conflict resolution principles and translates them into tangible skills through the use of role play, discussion, and artistic expression. YMS has been accepted and integrated into middle school programs in the San Juan Unified School District, Natomas Unified School District, and Folsom Cordova Unified School District—and it is expected to grow and expand in reach. Beyond these services, CLA Sacramento is actively involved in civic service projects that not only promote and encourage a flourishing arts community but also recognize and honor those who have made impactful contributions. Its involvement in Operation Protect and Defend, a Sacramento area high school civic education program sponsored by the Justice Anthony M. Kennedy Library and Learning
Center, is one such endeavor. In concert with the many judges and lawyers dedicated to passing along the honorable principles of our constitutional democracy to younger generations, CLA Sacramento co-chairs the Modern
CLA launched the Youth Mediators in Schools (YMS) program, with the goal of... teaching students how to resolve conflicts for their peers,... Masters of America Fine Art Contest, an opportunity for high school students to translate their understanding of important constitutional issues through artistic media. Another community partnership
with which CLA is actively involved is the Center for African Peace and Conflict Resolution (CAPCR), a program based at California State University, Sacramento. CLA assisted in the development of the African Peace Committee of Sacramento, a recently formed organization of leaders from Sacramento’s diverse African communities. Through SMC, these community leaders were taught mediation skills and will be available to serwve as mediators for disputes arising in their communities. A cultural component of this partnership is the development of a travel program to Africa with an emphasis on legal institutions and conflict resolution combined with arts, history, and culture. CLA Sacramento is excited about this new partnership with the SCBA and looks forward to working on productive new programs together.
www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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he SCBA Virtual Bar Games are a new and exciting addition to the SCBA list of programs! These family-friendly games include participation categories in walking, running, cycling, swimming and paddling, both for adults and for children. The Virtual Bar Games are virtual because you will sign up for your category online, find your own time and place to participate, and track your own event time. You may participate with your family or anyone else you choose, or all by yourself, at any venue you choose. Then report back to us online at this web site to log in your event completion information. On June 10, 2016, the SCBA will host an After Party for everyone who participates in the event to get together and celebrate their accomplishments! Your tech shirts and medals for the event will be available for pick up at the After Party. There will also be prizes and awards for various categories! You can sign up starting NOW! Just click on the event you would like to participate in, and complete the sign up process. Bam! You are ready to go. When you have completed your event, come back and report. Then all that is left to do is come to the AFTER PARTY!
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SACRAMENTO COUNTY BAR ASSOCIATION
VIRTUAL BAR GAMES SPRING 2016 IMPORTANT DATES:
Let the Games begin!
May 15 – Registration deadline May 27 – Deadline to complete activity June 10 – AFTER PARTY at SCBA
To Register and Log Your Score go to: http://www.sacbar.org/ scba-virtual-bar-games.html
SPONSOR THIS EVENT - $100
Company name on back of shirt, listed on website, and on after party event poster. For more information call 916-564-3780 or go to http://www.sacbar.org/scba-virtual-bar-games.html
SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
www.sacbar.org | May/June 2016 | SACRAMENTO LAWYER
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SACRAMENTO COUNTY BAR ASSOCIATION
2016 MEMBERSHIP APPLICATION
PRACTICE AREAS | Select your Practice Areas (limit three) Administrative Law Alternative Dispute Resolution Animal Law Appellate Banking Bankruptcy Business/Corporate Civil Rights Construction Law Criminal Defense Education Elder Law Employee Benefits Employment & Labor Energy & Natural Resources Entertainment & Sports
Environmental Estate Planning & Probate Family Law Gaming Government & Public Entity Health Care Immigration Insurance Intellectual Property International Land Use/Zoning Landlord/Tenant Legislative & Governmental Affairs Litigation, Administrative Litigation, Business Litigation, Class Action/Mass Tort
Litigation, Construction Litigation, Debt Collection Litigation, Environmental Litigation, Employment Litigation, General Litigation, Personal Injury Litigation, Intellectual Property Litigation, Professional Liability Municipal Law Native American Law Non-profit Organizations Patent Real Estate Social Security Taxation Workers’ Compensation
COMMITTEES | Check to (re)apply Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. Committees develop policy options for the Board and recommend actions for its consideration and approval. The work of SCBA committees is varied and reflects the diverse backgrounds and talents of our members. The primary role of committees is to examine and act upon assigned tasks. The Board relies on committees to inform its decisions, and in some cases, to carry out the mission of the organization. A brief description of each committee follows. Please indicate your interests. Committee appointments are made by the incoming President, although members may be added year around depending on individual committee needs.
Annual Meeting – Organizes the SCBA Annual Meeting. Bench Bar Reception – Organizes the Bench Bar Reception. Bylaws – Oversees the bylaws; makes recommendations to the
Pro Bono – Advises the Board about, and operates, the SCBA’s
SCBA Delegation – Organizes delegates and SCBA participation at
Website – Assists with the SCBA website and its content.
pro bono program.
Sacramento Lawyer Magazine Editorial – Sets policies that
Board when changes are suggested.
the Conference of California Bar Associations; drafts and reviews resolutions. MCLE – Oversees and advises the Board about MCLE credit. Diversity Hiring and Retention – Encourages the hiring and retention of minority legal professionals. Electronic/Social Media – Oversees and advises the Board about the SCBA’s electronic media. Fee Arbitration – Arbitrates fee disputes between attorneys and clients. Sports & Leisure – Annual Golf Tournament, facilitate Softball League, and may create other events. Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County. Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public. Membership – Oversees and advises the Board about member benefits and organizational marketing. Nominations – Nominates a slate of candidates for election as Board members and recommends SCBA awards recipients.
govern the Sacramento Lawyer.
TASK FORCES Mentorship Task Force – Oversees and advises the Board about the SCBA’s mentorship program.
DIVISIONS Barristers’ Division – SCBA members who are attorneys under the age of 36 and have practiced law under 5 years.
Solo/Small Practice Division – SCBA members who are attorneys in their own firm or small firm (four or less).
Movers Division – SCBA members who enjoy running, hiking,
biking, or other athletic challenges. The Division will connect Movers with current local events, may organize teams or rideshares for those events, and may plan certain events for SCBA members. Shakers Division – SCBA members who want to “do good” in the community in a non-legal fashion, such as serving food at a soup kitchen or assisting with food or clothing drives. The Division will connect Shakers with current local opportunities and may organize groups to work at specific events.
Previous Committee/Section participation____________________________________________________________________________________
Remit by mail/email/fax to Sacramento County Bar Association at 425 University Ave., Suite 120, Sacramento, CA 95825 Email: scba@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787
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SACRAMENTO LAWYER | May/June 2016 | www.sacbar.org
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Since 1963
Marty Anderson Vice President
Lawrence H. Cassidy President
Do your Accounts Receivables have a high balance and your bank account a low balance? • We have a staff of experienced collectors and three in house attorneys to put the cash in your bank account. • Over 100 law firms and many Fortune 500 firms select us to collect their past due accounts whether they are in the thousands or millions. • International collections recently made in England, Israel, Poland, and other countries. • Members: Commercial Law League of America. 700 Leisure Lane, Sacramento, CA 95815 Phone 916.929.7811 ext 222 | Fax 916.929.5125 | Email norcal@covad.net
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825
SCBA Annual Meeting Honoring Distinguished Attorney of the Year Justice Arthur Scotland Installing SCBA Officers & Directors Recognizing 100% Firms
DATE Monday December 15, 2014 MCLE Prior to Annual Meeting FREE for SCBA Members $100 for Non-Members 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”
Speaker: Kenneth Bacon of Mastagni Holstedt
TIME 11:30 Check in 12:00 Lunch PLACE Sheraton Grand 1230 J Street
10:30-11:30am
Keynote Speaker: Chief Justice of California
Tani Cantil-Sakauye Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825