Sacramento Lawyer Magazine November/December

November/December 2015

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

www.sacbar.org

Photo by Mark Long-Eleakis & Elder Photography

Steve Boutin 2015 SCBA Distinguished Attorney of the Year

SCBA Bench-Bar Reception Honors Judge Robert Hight

EDITOR’S MESSAGE Betsy S. Kimball Editor-in-Chief

America the Beautiful

GIVE THANKS

by Betsy S. Kimball

T

his magazine is prepared long before you receive it. As I write, it is mid-September, sunny, and about 95 degrees—a bit of a challenge to be in the “holiday spirit.”

The third verse of America the Beautiful starts with these lines:

beauty despite its deep and, it seems, irremediable flaws. Many 19-yearolds did not live to the age of 20 so we could enjoy our way of life in this country. As lawyers, we appreciate our rights—not at all inherent or inalienable (in my opinion), but hard-won for us by others.

“O beautiful for heroes proved in liberating strife, Who more than self their country loved, And mercy more than life!”

When my daughter was young, I “made” her watch a war movie every Memorial Day. During the beach-landing scene in “Saving Private Ryan,” she vomited. I was just grateful—and sad— for the 19-year-olds who never lived to be 20, and for those who loved them.

It is the season of giving. And it is the season of thanks. Give thanks.

These lines always move me to near-tears. I have lived and travelled out of the country enough to yearn for it at times and also to see this country’s

NEW 2016 SCBA OFFICE 425 University Ave, Suite 120 Sacramento, CA 95825

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako, Roya Bagheri, 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 Angela Lai - President Heather Hoganson - 1st Vice President Sabrina Thomas - 2nd Vice President Sil Reggiardo - Secretary Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

The Sacramento County Bar Association notes with regret the death of Tom Lytle.

1932-2015 4

SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

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 2015 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

NOVEMBER / DECMBER 2015 VOLUME 116, NUMBER 6

COVER STORY 18 Steve Boutin 2015 SCBA Distinguished Attorney of the Year FEATURE STORIES 12 Setting a Positive Tone for the Profession: Justice Jonathan Renner SECTION & AFFILIATE NEWS 11 Elizabeth Ikemire Receives 2015 Jean C. McEvoy Public Service Award 25 SABA of Sacramento Hosts Its Eighth Annual Diversity Law Student Reception 26 ABAS Annual Dinner Gala 2015 Features State Treasurer John Chiang

18

30 Bias in the Legal Profession BARRISTERS’ NEWS 28 Barristers’ Club Update EVENTS 8

SCBA Bench-Bar Reception Honors Judge Robert Hight

14 Diversity Fellowship Program Celebrates Its 25th Anniversary ETHICS

11

31 Why Avoiding Conflicts of Interest Matters SCBA NEWS 32 SCBA Welcomes New Solo/Small Practice Division ANNOUNCEMENTS 4

SCBA Announcements

8

DEPARTMENTS 4

Editor’s Message

COVER

6

President’s Message

Steve Boutin

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.

2015 SCBA Distinguished Attorney of the Year

www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

5

PRESIDENT’S MESSAGE Angela M. Lai

President,

A Season of Thanks

by Angela M. Lai

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

Sacramento County Bar Association

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:

Thank you to our members, volunteers, board of directors, staff, and u Lawyer of the year, Real Estate Litigation, Lawyer of the year,vagaries Real Estate Litigation, uknows Who the of litigation Sacramento, friends for making this a very productive and2014wonderful year for the SCBA tion Sacramento, 2014 u Lawyer of the Year, Commercial Litigation, than aLitigation, trial lawyer? the Year, Commercial u Lawyer ofbetter Sacramento 2010 yer?

Sacramento 2010 u Bet the Company Litigation, 2012, 2013, 2014 n Best Lawyers in America since inception, recently:

O

u Bet the Company Litigation, 2012, 2013, 2014

2013, 2014 Meeting on December 7, u Commercial Litigation, 2012,the ur Editor-in-Chief has assigned es and types of practices.

Annual u Commercial Litigation, 2012, 2013, 2014 u Litigation-Banking and Finance, 2012, 2013, 2014 me the most impossible job We have forged a bond with the when we celebrate with Distinguished u Litigation-Banking and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014 ever:u Litigation-Real Summarize this highly producSacramento Law Foundation that is Attorney of the Year Steve Boutin and Estate, 2012, 2013, 2014

tive SCBA year, but in 400 words or STRONGER than ever—with our own our 2016 board. less. Let’s see….

Mary Burroughs serving as Executive Last, but certainly not least, we We have a NEW website—a beauDirector of both organizations. will move into our NEW HOME in tiful, top-notch, mobile-friendly webWe received the prestigious 2015 January 2016. Conveniently located at site. Want to sign up for an event with State Bar Diversity Award for our work 425 University Avenue near Sacramena credit card, or read Sacramento Lawthrough the Diversity Hiring & Retento State, it features an event space that yer magazine, or access our member tion Committee and the Diversity Felaccommodates up to 100 seated or directory? You can do all these—and lowship Program. This reflects greatly 200 standing, and meeting space to acmore—on your mobile phone. on the commitment and dedication of commodate smaller gatherings. Come Joe@GenshleaLaw.com We added two NEW sections, Conthe many volunteers, members, and check out our new home and celebrate m O/ (916) 525-8444 C/ (916) 825-9952 F/ (916) 525-8446 struction Law and Criminal Law. With supporters who make up the SCBA. with us (date to be determined) for our C/ (916) 825-9952 F/ (916) 525-8446 18 substantive law/ Suite sections, we /look Let’CA s not forget the SUCCESS of Open House.

400 Capitol Mall 1750 Sacramento, 95814 www.genshlealaw.com forward to providing you more opporour events, including the Bench-Bar I am truly honored to end my term to, CA 95814 www.genshlealaw.com tunities for continuing legal education Reception, Golf Tournament, Spring - SCBA knowing that we have had a very proTom Wagner 2015 Sacramento County Law Member LibraryMixer, and Section Leadership ductive year, and that the SCBA will conand corroboration with fellowPublic attorneys SCBA 2015practice areas. who share your Institute. Our sections, divisions, and tinue to flourish in the hands of incomWe started a NEW division dediaffiliates have celebrated a phenomenal ing President Heather Hoganson and Half Page Ad: cated to the needs of members in solo year as well.

We hope to see you at our Executive Director Mary Burroughs. My Joe Genshlea Law and Mediation and small practice.

In addition to the upcoming events, including the Pro sincere thanks to you all, and may you September/October 2013 issue Barristers’ Club, we hope to ensure a Bono Award Party on November 10, have a wonderful holiday season. platform of programs that support and when we celebrate with our first Pro MAGAZINE advance our members in different stagBono Award recipient Darrel Woo; and MAGAZINE

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www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

7

EVENTS

Shanae Buffington is an attorney with the

Photos by: Mark Long, Eleakis & Elder Photography

Employment Development Department and on SCBA board member. She may be contacted at Shanae.Buffington@EDD.ca.gov.

Meredith Packer Garey is a shareholder at Kronick, Moskovitz, Tiedemann and Girard.

She may be contacted at mgarey@kmtg.com.

SCBA BENCH-BAR RECEPTION Honors Judge Robert Hight

by Shanae Buffington and Meredith Packer Garey

by Shanae Buffington and Meredith Packer Garey

Judge Robert Hight receiving the SCBA Judge of the Year Award from Angela Lai SCBA President

September 24, 2015, the SCBA held its annual BenchBar Reception at a new venue—the Sacramento Convention Center. This was a record year for attendance, as over 500 people came out to enjoy the festivities.

The event featured vendor tables with an array of helpful legal materials and resources and featured a wine auction to benefit the Sacramento Law Foundation, the SCBA-related non-profit that works to improve the administration of justice in this region. Spirits and food were provided by Classique Catering, while the J. Harrison B. Jazz Trio entertained guests with lively music.

Chief U.S. District Court Judge Morrison C. England, Jr. and Presiding Justice Vance Raye of the California Court of Appeal, Third Appellate District, presented the “state of the court” reports. WLS President Rebecca Dietzen presented the Karen Pedersen Stevens Scholarship Award to Keeley Nickelson, a student at Pacific McGeorge.

SCBA President Angela Lai present-

Nate Munso, Julie Munso, Bob Mills, Judge Robert Hight and his wife Mary, Kouri Olson, Nels Olson, & Cecil Mills

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SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

ed the Judge of the Year award to Presiding Judge Robert Hight of the Sacramento County Superior Court. Judge Hight was introduced by Roger Dreyer.

Dreyer described Judge Hight’s illustrious career including his work with local community organizations. Judge Hight graciously accepted his award and spoke about the increased number of cases participating in the mediation program in addition to speaking about his work as the presiding judge. Judge Hight thanked other judges in attendance, his judicial staff, and his family for their invaluable support.

Please see page 10 for SCBA’s thanks to the event’s sponsors. The SCBA also thanks the members of the Sacramento Legal Secretaries Association who helped with registering event guests.

Roger Dreyer introduces Judge Hight

Judge Robert Hight , Bob Mills, Cecil Mills, & Justice Ronald B. Robie

Judge Robert Hight & Mary Burroughs - SCBA Executive Director

Rebecca Dietzen, Keeley Nickelson & Graham Greenfield

Tom Walsh & Justice Kathleen Butz

Sonia Fernandes, Susan Hill, Russell Carlson, & Victoria Jacobs

Judge James Mize, Judge Robert Hight, & Presiding Justice Vance Raye

Mike Levy, Judge Raymond Cadei, & Judge Robert Hight

Judge Robert Hight & his wife Mary

Judge Gerrit Wood, Judge Marjorie Koller, & Judge Ernest Sawtelle

Sacramento County Bar Association Bench-Bar Reception Committee with Judge Hight: Meredith Garey, Martha Fenchen, Deb Roberts, Brad Coutinho, Milenko Vlaisavljevic, Natalie Bustamante, Shanae Buffington, Jonathan Hayes, Judge Robert Hight, Angela Lai, Rebecca Dietzen, Mary Burroughs, Susan Hill, Viana Barbu, Herb Bolz, Dustin Amrein, Tracey Himz, & Heather Hoganson www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

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2015 Annual Bench-Bar Reception THE SACRAMENTO COUNTY BAR ASSOCIATION WOULD LIKE TO THANK THE SPONSORS OF THE 2015 ANNUAL BENCH-BAR RECEPTION

PLATINUM

GOLD

SILVER

• Crowe Horwath LLP • Hanson Bridgett • Kershaw Cook & Talley PC • Littler Mendelson PC • • Orrick Herrington & Sutcliffe LLP • Stoel Rives LLP • Wagner Kirkman Blaine Klomparens & Youmans LLP •

BRONZE

• American Board of Trial Advocates • Angelo, Kilday & Kilduff • Capitol City Trial Lawyers Association • Capitol Digital & Califorensics • • Desmond Nolan Livaich & Cunningham • Doug Rothschild Injury Lawyers • Jacobsen & McElroy, PC • Judicate West • • Kennady Leavitt & Daponde PC • LexisNexis • PORTER | SCOTT • University of the Pacific, McGeorge School of Law • Wilke Fleury LLP •

FRIEND OF THE BAR

• Asian/Pacific Bar Association of Sacramento • Bartholomew & Wasznicky LLP • Candice Fields Law • Churchwell White LLP • Daniel P. Feldhaus, CSR, Inc. • • Daniel Yamshon, Arbitration & Mediation • Diepenbrock Elkin LLP • Family Law Software • Felderstein Fitzgerald Willoughby & Pascuzzi LLP • • Gurnee Mason & Forestiere LLP • Judicial Arbitration and Mediation Services • Law Office of Joshua Kaizuka • Law Offices of Jerilyn Paik • • Murphy Austin Adams Schoenfeld LLP • MOA Deposition Reporters • Remy Moose Manley LLP • South Asian Bar Association • • Sacramento Lawyers for the Equality of Gays and Lesbians • Somach Simmons & Dunn • Officers & Directors of the St. Thomas More Society • • The Rutter Group • Timmons Owen Jansen & Tichy, Inc. • UC Davis School of Law • Visiting Angels • Wiley W. Manuel Bar Association •

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SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

SECTION & AFFILIATE NEWS

Pam Jones is the principal of the Law Offices of Pamela Jones and the 2015 President of the SCBA’s Probate and Estate Planning Law Section. She may be reached at Pam@pamjoneslaw.com.

he Jean C. McEvoy Public Service Award, formerly named the Court Service Award, was established in 2012 to acknowledge SCBA Probate and Estate Planning Law Section members for their volunteer services to the community including pro bono work, mentoring and assisting colleagues, and contributions to the court. This year’s recipient is Elizabeth A. Ikemire, of the Law Office of Elizabeth A. Ikemire (“Beth”).

Beth practices estate planning, probate, and elder law in Sacramento.

A reception was held in Beth’s honor on September 10, 2015, at House Kitchen & Bar. Beth was lauded for her lifelong commitment to volunteering, her collegiality and gracious nature, and her willingness to mentor and assist colleagues without hesitation. Beth most recently fought valiantly for a client, on a pro bono basis, on a special needs trust matter against the Social Security Administration. As a result of the issues addressed in that matter, Beth is working on an analysis paper for the funding requirements in establishing first party special needs trusts.

Judge David De Alba, who took the helm at the Probate Division of the

Elizabeth Ikemire Receives 2015 Jean C. McEvoy Public Service Award by Pam Jones

Sacramento Superior Court in January 2015, joined in the celebration. Judge De Alba paid tribute to Jean C. McEvoy and acknowledged Beth for her zealous representation of her clients. Two former recipients of the award were also present at the September 10th reception: Barry K. Matulich, of the Law Office of Barry K. Matulich, who received the award in 2013, and Borden D. Webb, of Webb & Tapella Law Corporation, who received the award in 2014. Attorneys Barry Matulich, Susan Hill, Brian McClay, and Leslie Arnal all paid tribute to Beth based on their experiences working with her over the years. A central theme was how apparent it is that Beth truly cares about her clients, and that caring is reflected in her tenacious advocacy.

Some of Beth’s contributions to the community are highlighted below. · Volunteer teacher in rural southern Louisiana; · Founding member of the Sacramento Tree Task Force; · Past Member, Sacramento Open Space Committee; · Sacramento Planning Council Member in the 1970s and 1980s; · Regular volunteer presenter to orga-

Elizabeth A. Ikemire with SCBA Probate and Estate Planning Law Section Executive Committee Members Daniel A. Hunt, Pamela Jones, & Penny R. Brown

Judge David De Alba paying tribute to Jean C. McEvoy’s memory

nizations including Legal Services of Northern California Senior Hotline, Del Oro Caregiver Alliance, and Alzheimer’s Association; · Longstanding Member, Bioethics Committee, Sutter SeniorCare’s Program for All-inclusive Care Program; · Sacramento Superior Court Probate Division appointment panel 1987 present.

Beth graduated with a law degree from U.C. Davis in 1987, while raising three small children, with her husband, Monte. Her grandchildren Seneca, Mason and Cole were present to join in the award celebration.

Elizabeth A. Ikemire surrounded by her family & other attendees www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

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FEATURE STORY

Maureen C. Onyeagbako 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.

Setting a Positive Tone for the Profession: Justice Jonathan Renner

by Maureen C. Onyeagbako1

J

12

onathan Renner is giving me a headache.

It is not because the newest justice on California’s Third District Court of Appeal is a difficult person.

On the contrary, he is a gentleman and a professional. The problem is that no single “angle” for this profile appropriately describes him. So, for those who like quick bits, Justice Renner is amiable, ethical, collaborative, funny, and astute. For those who prefer to look under the hood or read beyond the book flap, continue on for more on what makes this new judge tick.

Justice Renner reports that every day on the Court of Appeal is different and that the learning curve is long. Much of his first year has been spent staffing his chambers, delving into cases, and developing a system to manage assignments on one of the busiest appellate courts in the state.

With each day, he feels humbled to have the responsibility to resolve matters that are frequently life changing for the litigants. Judging from the large stacks of briefing arranged neatly around his office, he has his work cut out for him, but there is no sign of nervousness or pressure.

Although the stream of cases is

endless, Justice Renner enjoys having blocks of uninterrupted time to study cases carefully, conduct his own research, consult with staff attorneys, and process his thoughts through writing.

Much of the discourse among the justices on the Court of Appeal takes place in writing by circulating draft opinions.

Justice Renner points out that, unlike informal conversations, the writing

Justice Renner’s “attention to detail is unsurpassed.” process helps him thoroughly think through complex issues and evaluate whether he agrees with positions taken by his colleagues.

This quieter, more academic setting stands in contrast to Justice Renner’s previous job as Legal Affairs Secretary to Governor Jerry Brown. That environment was fastpaced, on-call 24/7, and included a high volume of emails and constant interruptions. It was intense, but current Legal Affairs Secretary, Peter Krause, says that Renner was “unflappable” and able to make princi-

SACRAMENTO LAWYER |November/December | November/December 2015 2015 || www.sacbar.org www.sacbar.org

pled decisions even when facing questions from the governor, urgent deadlines, or an emerging crisis.

Able to quickly learn and apply new areas of law, Renner worked on important issues involving election law, education, and corrections, among others. His opinion was frequently sought out and valued. Renner also regularly handled appellate issues by analyzing pleadings to determine if arguments were adequate and well-written, and collaborating with staff attorneys to decide what more could be done. Unfailingly kind and courteous, approachable, and able to diffuse tension with humor and wit, according to Krause, Renner left a great legacy and is a tough act to follow at the Governor’s Office.

Renner also left his mark at the Attorney General’s Office (AGO) where he started as a deputy and left leading the Government Law Section statewide. He had a briefing-oriented practice handling writs and appeals, while also preparing himself and others for oral arguments in the very courtroom where he now sits on the bench. Chief Deputy Attorney General Nathan Barankin reflects that his former supervisor has a gift

ETHICS of not only seeing the big picture, but also of taking complex subjects and making them understandable. In addition, Renner’s “attention to detail is unsurpassed.” According to Barankin, deputies knew they were in trouble when their briefs got the Renner-ruler treatment, meaning that Renner would review a brief line-by-line, using a ruler to block out the text below. The result was insightful and brilliant feedback.

With such focus and attention, lawyers appearing before Justice Renner should be “very excited” because he is fair and can recognize quality legal arguments supported by the law.

Presiding Justice Jim Humes of the First District Court of Appeal also worked with Renner at the AGO and describes him as having great common sense and the ability to look at an issue from all sides. When Humes left the AGO to become the Governor’s Executive Secretary at the beginning of Governor Brown’s third term, Renner was at the top of his list to join the staff. Humes characterizes Renner as integral during the transition period for the new administration. No task was too large or small and included anything from setting up a core staff to reviewing reports on issues affecting the state, including the looming budget. Four and a half years later, Justice Humes is still amazed that Justice Renner made it through that period while also juggling a family, which consisted of a wife and two young children.

And, most importantly, Justice Renner maintained a great sense of humor and can dish it as well as he can take it.

Justice Renner recognizes that being a lawyer is not easy and believes that being proactive can improve the experience. He approached his career as an attorney by choosing jobs that built on his strengths of writing and analysis, while simultaneously seeking opportunities that allowed him to serve the public. As an attorney, he took pride in applying himself fully

and taking his obligations to his clients seriously. Maintaining good relationships with other lawyers also has had a significant impact on his career and helped avoid the enmity that often pervades the legal profession.

On that same note, Justice Humes points out that judges set the tone for the profession, and that poor judicial temperament can motivate lawyers to take the adversarial nature of the law to

unfortunate extremes. He is confident that Justice Renner is not like that and that parties appearing before Justice Renner can take comfort that he will approach their issues with thoughtfulness and humanity.

1 The author thanks U.C. Davis law student Roya Bagheri for her assistance conducting research for this article.

www.sacbar.org www.sacbar.org ||November/December November/December 2015 | SACRAMENTO LAWYER

13

EVENTS

André Campbell is a partner

Diversity Fellowship Program Celebrates Its 25th Anniversary by André Campbell

Seated: Jeri Paik, Leah Adams, Linda Partmann, Lindsay Goulding, Sophia Kwan; Standing: Chris Alvarez, Heather Hoganson, David Melton, André Campbell, Mark Spring, Angela Lai, Brian Bertossa, Stuart Woo, Larry Duran, Mary Burroughs, & Ian Rambarran

W Amidst a plethora of events at the annual State Bar Convention, on Saturday, October 10th, the SCBA’ s Diversity Hiring and Retention Committee received the State Bar of California’s Diversity Award.

The award was presented by the Hon. Karen Clopton, Chair of the State Bar’s Council on Access and Fairness; Craig Holden, President of the State Bar of California; Judge LaDoris Cornell (ret.); and Chief Justice Tani Cantil-Sakauye.

The State Bar Diversity Awards were established to recognize outstanding efforts and significant contributions ensuring the full and equal opportunity of all persons for entry and advancement in California’s legal profession. These efforts help to increase public trust and confidence in the integrity of the profession and the legal system as well as create the perception of fairness in the courts.

SCBA’s Diversity Retention and Hiring Committee celebrated its 25th Anniversary this year.

Accepting the award were Executive Director Mary Burroughs, First Vice-President Heather Hoganson, and Committee Chair Linda Partman.

14

hat were you doing back in 1990? Jamming to music by Paula Abdul and Taylor Dayne? Rushing home to catch the latest episode of Beverly Hills, 90210? Looking in the mirror and admiring your mullet? In Sacramento, a group of forward-thinking lawyers were forming the Sacramento County Bar Association’s Diversity and Hiring Committee to promote diversity in Sacramento area law firms. Fast-forward 25 years, and scores of former Summer Fellows and law firm representatives gathered on September 25th for an evening of fun celebrating the Fellowship Committee’s 25th anniversary.

Attendees at the 25th Anniversary Dinner spanned the life of the Fellowship Program. They included Administrative Law Judge Larry Duran and attorney Jeri Paik, who were instrumental in establishing the Fellowship Program 25 years ago. At the other end of the spectrum were Alexandra Johnson and Joel Guer-

SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

at Hanson Bridgett.

He may be contacted at ACampbell@hansonbridgett.com.

Keynote speaker, U.S. District Judge Troy L. Nunley

ra, two members of the most recent Summer Fellowship Class of 2015, and the first Summer Fellows to go through the program while engaged to each other!

The evening’s festivities included remarks by Mistress of Ceremonies Pamela Wu and SCBA President Angela Lai, announcement of the Fellowship Program being awarded the 2015 State Bar Diversity Award, and a tribute by Fellowship Committee co-chair Sophia Kwan to Linda Partmann, who served as co-chair of the Fellowship Committee for 11 years. The high point of the evening was the keynote address by The Honorable Troy L. Nunley, United States District Judge. Judge Nunley delivered a powerful and thought-provoking speech about the positive impact diversity has in enriching education and our lives in general.

A good time was had by all, and plans are already underway for the 30th Anniversary Dinner in 2020!

SACRAMENTO COUNTY BAR ASSOCIATION

Diversity Fellowship Program

ANNIVERSARY DINNER

THANK YOU TO OUR SPONSORS PLATINUM

GOLD

SILVER

BRONZE

Michael Lee

www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

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Sacramento County Bar Association

JOINT EVENT November 12, 2015

MIXER Join us for an evening of socializing and networking Thursday, November 12, 2015 5:00- 7:00 p.m.

Saddle Rock Restaurant and Bar THANK YOU TO OUR SPONSORS

1801 L Street, Suite# 50 Sacramento, CA 95811 For SCBA members and invited guests

Register online at www.sacbar.org or return this form below • SCBA/Metro Chamber Joint Mixer Name__________________________________________________________________________________________Bar No.___________________ Firm/Company/Court_______________________________________________________________________________________________________ Address__________________________________________________________________________________________________________________ City/State/Zip_____________________________________________________________________________________________________________ Phone________________________________________ Email______________________________________________________________________ No. of Reservations________________________________________________________________________________________________________

Register online at www.sacbar.org events calendar or RSVP by mail, fax or email: SCBA 1329 Howe Ave., Suite 100,Sacramento, CA 95825 • fax: 916-564-3787 • email: droberts@sacbar.org For questions or additional information please call 916-564-3780.

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100% SACRAMENTO COUNTY BAR CLUB ASSOCIATION SCBA 100% Club firms are firms with five or more attorneys with 100 percent membership in the SCBA. We thank these firms for their generous support through their membership dues. If your firm would like to be added to the list of SCBA 100% Club Firms, contact the SCBA staff today.

• Abbott & Kindermann LLP • Bartholomew & Wasznicky, LLP • Bartkiewicz Kronick & Shanahan • Best Best & Krieger LLP • Boutin Jones, Inc. • CA Dept. of Veterans Affairs • California Dept. of Human Resources • California Farm Bureau Federation • California State Lands Commission • Carothers DiSante & Freudenberger LLP • Carroll Burdick & McDonough LLP • Chang Ruthenberg & Long PC • Cook Brown, LLP • Cuneo Black Ward & Missler • Delfino Madden O’Malley Coyle Koewler • Downey Brand, LLP • Dreyer Babich Buccola Wood Campora, LLP • Ellison Schneider & Harris LLP • Evans Wieckowski Ward & Scoffield, LLP • Farmer Smith & Lane LLP • Felderstein Fitzgerald Willoughby & Pascuzzi, LLP • Greenberg Traurig • Gurnee Mason & Forestiere, LLP • Hanson Bridgett LLP • Hansen Kohls Sommer & Jacob, LLP • Hardy Erich Brown & Wilson • Hefner Stark & Marois, LLP • Hiroshima Lewis & Daggett • Jacobsen & McElroy, PC • Kennady Leavitt & Daponde PC • King Williams & Gleason LLP • Klinedinst, PC • Knox Lemmon & Anapolsky • Kronick Moskovitz Tiedemann & Girard • Langenkamp Curtis & Price, LLP • Lauria Tokunaga Gates & Linn, LLP • Legacy Law Group • Littler Mendelson PC • Longyear O’Dea & Lavra LLP • Matheny Sears Linkert & Jaime LLP • Mastagni Holstedt, A.P.C. • Meegan Hanschu Kassenbrock • Murphy Austin Adams Schoenfeld LLP • Nossaman LLP • Olson Hagel & Fishburn LLP • Palmer Kazanjian Wohl Hodson LLP • Pillsbury Winthrop Shaw Pittman LLP • Porter Scott • Radoslovich Parker, PC • Randolph Cregger & Chalfant LLP • Rediger McHugh & Owensby LLP • Remy Moose Manley, LLP • Remy Moose Manley, LLP • Rothschild Wishek & Sands LLP • Schuering Zimmerman & Doyle LLP • Simas & Associates • Smith McDowell & Powell • Somach Simmons & Dunn • Singer & Associates Law Office • Spinelli Donald & Nott • Stoel Rives, LLP • Thomas Law Group • Timmons Owen Jansen & Tichy, Inc. • Wagner Kirkman Blaine Klomparens & Youmans, LLP • Webb & Tapella Law Corp.

• Weintraub Tobin • Wilke Fleury Hoffelt Gould & Birney LLP­ • Woodruff O’Hair Posner & Salinger, Inc. www.sacbar.org www.sacbar.org ||November/December November/December 2015 | SACRAMENTO LAWYER

Advertiser: Ken Malovos

17

COVER STORY

Ellen Arabian-Lee is this magazine’s Associate Editor and the owner of Arabian-Lee Law Corporation.

She may be contacted at ellen@arabian-leelaw.com.

Steve Boutin:

Judge Lawrence Brown – “Steve Boutin is a true pillar of the legal profession. Observing him on the King Hall alumni board, I was greatly impressed by his creativity and determination. That he packages it all with a quick wit and ready smile allows him to move mountains.”

Judge Judy Hersher – “… an ethical, hardworking attorney of the highest caliber, who dedicates his time, his resources and the time and resources of the firm that now bears his name to both legal and non-legal causes for the benefit of the greater Sacramento community.”

Photo by Mark Long, Eleakis & Elder Photography

Judge James Mize – “A fabulous choice.

Steve is a rock solid attorney, smooth and quietly competent. Working with him or against him is a professional privilege.”

18

Justice Louis Mauro – “Steve is a charismatic and successful lawyer, a mentor, and a good person. He is active in the region and he makes it a point to give back to our community.”

Mayor Dan Wolk (Davis) – “As a fellow attorney, mayor and friend, I have come to know in Steve an exceptional person and community stalwart. I am so happy he’s receiving this award. It is well deserved.”

SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

The “Well Deserved” Recipient of the SCBA’s 2015 Distinguished Attorney of the Year Award he SCBA has selected Steve Boutin as its 2015 Distinguished Attorney of the Year. The overwhelming community response is that the award is “well deserved.”

Steve really could not help but become an attorney—it is in his blood.

He is, along with his brother Peter, a 4th generation lawyer in his family. His great grandfather, Stephen Wheeler Downey, was admitted to the bar in Washington D.C. in 1863, after being promoted to Colonel in the 3rd Maryland Infantry. Downey later moved to Wyoming and served as the prosecuting attorney of Albany County, Wyoming.

Downey was the first person to try a case with women sitting on the jury and later presented a petition signed by residents of Albany County urging that the bill repealing women’s suffrage not pass.

Shortly after the turn of the century, Steve’s grandfather, Stephen Wheeler Downey, Jr., moved to Sacramento and

COVER STORY practiced law with his brother, Sheridan Downey. The latter served as California’s U.S. Senator between 1939 and 1950, and later practiced law in Washington D.C. In 1926, Steve’s grandfather, Stephen Downey, founded Downey Brand. Steve describes his grandfather as a “kind, wonderful man,” as well as an acclaimed attorney who appeared many times before the United States Supreme Court.

Steve Boutin with Dr. Martin Luther King, Jr. in early 1967

Steve, a Sacramento native, is one of six children. Steve attributes his decision to become a lawyer to his family heritage and living through the 60’s and witnessing first-hand the need for change and the need to give people opportunities to be successful. In 1967, while Steve was a 19-year old sophomore at Occidental College, he met and spent the day with Dr. Martin Luther King, Jr., a highlight of his life.

Steve recognized, “I’m in the presence of a very special person.” At lunch, King asked Steve to “tell me about yourself,” and King listened attentively as Steve shared his own background and experiences. Steve describes King’s speech at Occidental College as “a wave,” a building crescendo, which drew everyone in for the message and went directly into the soul. Steve was personally moved after hearing someone speak about hope after being op-

pressed. He was profoundly affected

by King’s assassination the following year, and Steve took an active interest in human rights issues and the direction of the country.

After graduating from UC Davis Law School, Steve worked at Downey Brand as an associate and became a partner at age 30. In 1986, Steve co-founded Boutin Lassner, Gibson, Perry & Delehant, which later evolved into the 50+ attorney firm known as Boutin Jones, Inc. Steve credits the Downey Brand attorneys from his early practice days, especially Jack Downey, as well as the judges of the time, as being “incredible mentors and examples” who shaped his career. Steve worked down the hall from Joe Genshlea and Malcolm Weintraub, who also set high expectations for him.

In particular, Steve learned always to be prepared and that an attorney’s duty is to his client—“you give your client 110% if not more.” In addition, he firmly believes that a young attorney learns more by doing than watching.

Steve calls Jack Lassner and Chris Gibson his “dear friends going back to his Downey Brand days.” Lassner, who practiced law with Steve for 16 years (1978–1994) describes Steve as a really good friend and “one guy I really miss seeing on a daily basis. Steve has an incredible ability to be up all of the time.

I have never seen him mope around. He is the most enthusiastic, positive, high energy and goodwill attorney I know.”

Lassner also pointed out that Steve loves competition and it shows in everything that he does, including the practice of law. “He [Steve] will play anything at any time. He is a sports nut.” Besides playing tennis, softball, flag football, and golf, Steve still holds the Sacramento area high school boys track record for the 1,320 yard race, which was set in 1966. Steve also has won numerous awards at Eppie’s Great Race, and he continues to participate.

Steve Boutin with colleagues and former SCBA presidents, Bruce Timm (2013), and B.J. Susich (2014)

Chris Gibson has known Steve since 1980, when Steve hired him to be an associate attorney at Downey Brand.

According to Gibson, “Steve was the best partner I could have and remains my best friend.” Gibson describes the highlight of their friendship being in 1986, when “three good friends enjoying the practice of law and each other’s friendship,” decided to start their own law firm. “Steve is the best ‘rain maker’ I know, though I detest the expression. What makes him unusual is his deep affection for everyone in the firm, and he can tell you the details of what makes each firm employee special, a trait he learned from his mother. He has a special fondness for new lawyers, and he devotes much time each year to hiring and then mentoring the firm’s associate attorneys.”

Local attorney and artist, David Post, has known Steve for 50 years.

“From the moment I met Steve, I knew that he would succeed gloriously. His contagious enthusiasm, his wit, his intelligence, his drive, his easygoing humility, and his devotion to family have always set him apart and explain why so many attorneys want to join his firm and so many people want to be in his company. I can truly say that in all those years, I cannot recall Steve losing his temper or his positive outlook even once. If for no other reason than that—and as I have noted there

www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

19

COVER STORY

Steve Boutin with his wife Linda, daughter Alexis, her husband Ben, and their children Rosey, Eva, & Charlie

are many others—he is an inspiration.”

According to Steve, a successful attorney recognizes that he or she is in a profession and not a business.

“Your obligation is to your client and you must do the very best you can— no short cuts and no excuses. Billable

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hours are not the end-all—quality is #1.” In addition, there is never an excuse for not being prepared. Steve stresses the importance of balance and not becoming “too full of yourself.” He also pointed out that no matter what was going on he would try to get home in time to have dinner with his family. Steve is married to Linda Boutin and they have two daughters and three grandchildren (Rosey, Eva and Charlie). One of his daughters, Gabrielle Boutin, is an attorney at Boutin Jones, and Steve’s other daughter, Alexis Boutin, is an Associate Professor of Anthropology at Sonoma State University.

Steve learned from his parents the importance of becoming part of the community where you live and helping others in need. As a result, Steve has served on numerous community boards and organizations including Pride Industries, the Crocker Art Museum, UC Davis Law School Alumni Association and UCD Foundation, and the Sacramento Region Community Foundation. Steve finds profound satisfaction in giving back, and wants to do his family proud.

Dean Kevin Johnson at UC Davis School of Law indicated that Steve

SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

“puts his money where his mouth is, and he has personally planned and funded numerous charity events for the school.” For example, Steve has helped the school establish a relationship with the James McClatchy/Central Valley Foundation and to secure support for an annual lecture on the First Amendment and for scholarships for students from socio-economically disadvantaged backgrounds. Johnson describes Steve as “full of energy,” and states that “he is such an admired figure at the School of Law that when the King Hall Legal Foundation, which funds student public service projects, decided to host a fundraising golf tournament, they named it after Steve Boutin. The legal community has benefitted immensely from his leadership, as has the Sacramento community at large.”

Similarly, Dean Francis J. Mootz, III from Pacific McGeorge School of Law, observed “Steve has been the most deeply engaged when I have gone to firms to talk about the structural changes in legal education and practice.

It is clear that he loves the profession.

Boutin Jones is an excellent place to practice law, in large part due to Steve’s energy and leadership.”

Senator Lois Wolk (D-Davis) noted: “I have known Steve Boutin for many years. He is not only an excellent lawyer and the leader of a respected law firm, but also a highly regarded community member. What a perfect choice!”

The criteria for SCBA’s Distinguished Lawyer of the Year Award indicate that the award should go to “the lawyer who most exemplifies the best qualities in the legal profession and who, through the practice of law, has made Sacramento a better place to live and work.” Steve exemplifies those qualities, and his contributions and enthusiasm have definitely made our legal community a better place.

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SECTION & AFFILIATE NEWS

Shama Mesiwala is a co-founder SABA of Sacramento.

She may be contacted at Shama.Mesiwala@ jud.ca.gov.

SABA of Sacramento Hosts Its Eighth Who knows the vagaries of litigation Annual Diversity Law Student better than aReception trial lawyer?

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Judge Raoul Thorbourne, Judge Dian Vorters, Judge Emily Vasquez, Judge Steven Gevercer, Judge Stacy Boulware Eurie, Magistrate Judge Allison Claire, Chief Judge Morrison England, & Presiding Justice Vance Raye

u Bet the C u Commer u Litigatio u Litigatio

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Will Frusetta, Ehsan Salehian, Justice Harry Half Syal, Page Ad: Khan Hull, Waris Hakim & Suliman

he South Asian Bar Association (SABA) of Sacramento hosted its Eighth Annual Diversity Law Student Reception at Shama Mesiwala’s home in Davis on September 19. The reception, attended by over 150 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 Justice Cruz Reynoso (ret.) from the California Supreme Court; Presiding Judge Morrison England Jr., Judge Troy Nunley, and Magistrate Judge Allison Claire from the U.S. District Court, Eastern District of California; Presiding Justice Vance Raye, Justice Harry Hull, Justice Louis Mauro, Justice William Murray Jr., and Justice Elena Duarte from the Court of Appeal, Third Appellate District; and Presiding Judge of the Juvenile Division Stacy Boulware Eurie, Judge Emily Vasquez, Judge Raoul Thorbourne, Judge Steven Gevercer, and Judge Jennifer Rockwell from the Sacramento County Superior Court.

The reception was generously underwritten by Murphy Austin Adams Shoenfeld, Pacific McGeorge School of Law, U.C. Davis School of Law, and the SCBA.

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SECTION & AFFILIATE NEWS

Jeffrey Javinar is the 2015

ABAS Annual Dinner Gala 2015 Features State Treasurer John Chiang by Jeffrey Javinar

California State Treasurer John Chiang and Pamela Wu having a “fireside chat” conversation about political empowerment and taking questions from the audience

On

September 9, 2015, the Asian/Pacific Bar Association of Sacramento (ABAS) celebrated its Annual Dinner Gala at the Library Galleria. California State Treasurer John Chiang was the keynote speaker, and Pamela Wu, Director of Marketing and Communications for the U.C. Davis School of Law, was the Mistress of Ceremonies for the evening.

ABAS awarded its Community Service Award to Professor Gabriel “Jack” Chin. Chin recently led a team of U.C. Davis students in the successful effort to petition the California Supreme Court on behalf of Hong Yen Chang, who was denied a license to practice law in California more than a century ago as a result of laws that discriminated against Chinese immigrants. The Court posthumously granted a law license to Hong Yen Chang in March 2015.

ABAS works in tandem with the ABAS Law Foundation, the 501(c)(3) educational and charitable partner of ABAS. The Foundation supports

26

President of ABAS. He may be contacted at Jeffrey.javinar@gmail.com.

Judge Russel Hom with ABAS past President Jeannie Lee Jones, Curtis Namba, & Richard Uno

and initiates law-related educational and charitable works in greater Sacramento’s Asian Pacific Islander (API) community. At the Dinner Gala, the Foundation recognized the following law students as this year’s scholarship recipients: Aparna Agnihotri (Pacific McGeorge), Thao Duong (Lincoln), Nathalie Nguyen (Lincoln), Steven

Vong (U.C. Davis), and Elaine Won (U.C. Davis).

ABAS was formed 34 years ago to foster the exchange of ideas and to promote the professional growth of the members of the API legal community. For more information or to join ABAS as a member, visit ABASSacramento.com.

ABAS Law Foundation Board members Henry Nanjo, Jeri Paik, Yoshinori H. T. Himel & Latika Sharma with scholarship recipients Nathalie Nguyen, Aparna Agnihotri, & Elaine Won

SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

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BARRISTERS’ NEWS

Lauren Calnero is the Barristers’ 2015 media chair and an associate at Porter Scott. She may be contacted at lcalnero@porterscott.com.

Barristers’ Club Update

by Lauren Calnero

Barristers’ Club of Sacramento Partners with the Foundation for Democracy & Justice The Barristers’ Club of Sacramento is pleased to announce its partnership with the Foundation for Democracy & Justice. The Foundation is a nonpartisan, nonprofit 501(c)(3) organization inspired by Chief Justice Tani Cantil-Sakauye. The purpose of the Foundation is to educate, encourage, and advance a better understanding of the core values of American citizenship. The Foundation is a partnership of state leaders and committed professionals working to promote the prin-

ciples of democracy. In the words of Sosan Madanat, the Executive Director of the Foundation, “Knowing that a representative democracy with an independent judiciary is a necessary precondition for a vibrant, free, and fair society, state leaders and committed professionals joined together to promote the principles of democracy and to increase the public’s awareness and knowledge of the roles, functions, and interrelationships between the three branches of state government legislative, executive and judicial–through civics education.” As the first of the SCBA divisions to offer support to the

Foundation, the SCBA Barristers’ Club board and members are thrilled to participate in such an important program for the local community, and look forward to donating their time.

Upcoming Barristers’ MCLE and Social Programming Upcoming Events include: November 2015 Deposition MCLE seminar–two part series–details to be announced.

For more information about the Barristers’ Club of Sacramento, please e-mail sacbarristers@gmail.com to add your name to our email list.

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29

SECTION & AFFILIATE NEWS

Bias in the Legal Profession

Shoeb Mohammed is a third year law student at Pacific McGeorge and a staff editor of Sacramento Lawyer.

He may be contacted at s_mohammed@u.pacific.edu.

by Shoeb Mohammed

hough it has taken decades to create institutionalized protections against bias in the law, bias still exists in the legal profession. Judge Cecily Bond (ret.) spoke on this issue at a recent CCTLA luncheon. Bond identified bias in the legal profession, explained the effects of bias, and provided practical pointers that can help lawyers learn how to work toward eliminating bias.

Bond began her discussion with an oft-forgotten premise: it is morally right to eliminate bias. The Rules of Professional Conduct require attorneys not to discriminate, and it is important to be mindful that attorneys are often regarded as leaders when it comes to protecting fundamental principles of fairness and equality.

There is still bias in the legal profession. Bond recounted the history of racial diversity in the legal profes-

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sion—especially interesting when looking at recent years.

It was only in 2002 when the ABA elected its first African-American president, and 2009, when the first Hispanic justice, Sonia Sotomayor, was appointed to the U.S. Supreme Court. Research is also revealing for private practice. The 2013-2014 NALP Directory of Legal Employers showed that 7.1 percent of law firm partners were minorities, and 2.26 percent of partners were minority women.

This held true even though almost 21 percent of associates and 22 percent of staff attorneys were minorities (with minority women at about 11.3 percent and 14.4 percent respectively).

The effects of bias. The effects of bias implicate public policy concerns and issues regarding the quality of client representation. However, the effects often come close to home because eliminating bias is just as important for ethics as it is for liability. Bond reminded her audience that the FEHA threshold is five employees for discrimination claims, and that strict liability exists for the actions of employers. Additionally, the cost of defending discrimination claims is high, even when employers prevail. On the other side, eliminating bias can have beneficial effects, such as boosting business and improving public relations.

Overcoming and eliminating bias. Although there are statutes and regulations that prohibit bias, Bond shared some very practical advice. For example, lawyers can avoid discriminatory advertising for employment, or be mindful of the questions presented to applicants during the hiring process. Bond also emphasized a personal approach, in which lawyers can try to make implicit bias explicit.

Choose to acknowledge group and individual preferences, and be curious about learning new cultures or ideas.

Remain vigilant of bias, and review your own processes to make sure that decisions are made on merits and facts rather than stereotypes or emotions. Though it may be a public or personal process of improvement, true change begins with each person. The legal community has a duty to uphold those fundamental values of fairness and equality, and together lawyers can work towards recognizing and eliminating bias in the legal profession.

ETHICS

Greg Fayard is Counsel with Klinedinst PC’s Sacramento office.

He may be contacted at gfayard@klinedinstlaw.com.

Why Avoiding Conflicts of Interest Matters by Greg Fayard

his article follows the article appearing in the September/October 2015 issue of this publication, which warns of the increasing importance of complying with Rule of Professional Conduct 3-310(C) when representing clients jointly. What are the potential adverse consequences of violating rule 3-310(C)? Answer: there are at least four potential consequences to the conflicted attorney.

Disqualification. An attorney’s conflicted representation can result in disqualification.1 If the attorney cannot obtain informed written consent from the joint clients after the actual conflict is known, Rule of Professional Conduct 3-700(B) requires the attorney to withdraw as counsel for some—or perhaps all—of the joint clients, depending on the scope of the previously obtained consent.2 It is the possibility of a breach of confidence, not the fact of the breach that triggers disqualification.3 Disqualification may be proper even where the conflicted attorney did not obtain confidential information from the party seeking disqualification.4 “[T]he purpose of the rules against representing conflicting interests is not only to prevent dishonest conduct, but also to avoid placing the honest practitioner in a position where he may be required to choose between conflicting duties or attempt to reconcile conflicting interests.”5 Further, opposing a disqualification motion can be costly to the attorney.

The attorney may question whether to charge the client for the defense of such a motion. Such a motion can be potentially embarrassing as well. How happy with the attorney is a client going to be after having to hire and pay new counsel to get up to speed in the middle of a case because the former attorney was disqualified or withdrew? Logic dictates that unhappy clients are less likely to pay their former attorneys’ bills and more likely to file Bar complaints or perhaps even malpractice actions.

Disgorgement of Fees. Attorneys in private practice who represent adverse interests in the same matter run the risk of having their fees disgorged.6 The disgorgement remedy is not premised on penalizing the attorney; rather it acts as a refund for services not properly performed.7 Courts will consider equitable arguments that the attorney should retain the fees.8 Other courts apply a “no harm, no foul” approach to a request to disgorge fees due to an undisclosed conflict of interest, especially where the conflicted attorney immediately withdrew once the conflict evolved from a potential conflict to an actual one, and the client impliedly consented to the dual representation to limit costs.9 While an attorney’s

breach of a Rule of Professional Conduct may warrant a forfeiture of fees, forfeiture is not automatic and depends on the egregiousness of the violation.10 The absence of fraud or unfairness in the attorney-client relationship is also grounds for attorneys to keep their fees despite a technical rule 3-310 violation.11 Civil Liability. Violating a Rule of Professional Conduct does not by itself establish civil liability against the attorney; but it can be evidence in support of malpractice or breach of fiduciary duty.12 Avoiding the hassle and distraction of litigation brought by a former client is another reason—a big one—for avoiding conflicted representations.

Discipline. Like any other Rule of Professional Conduct, attorneys can be disciplined for violating the conflict of interest rule.13 In In re Guzman,14 the attorney was disbarred for his misconduct in four distinct matters, encompassing a wide-range of acts including not advising his clients of a settlement, misappropriating client funds, improper solicitation, dismissing a lawsuit without client consent, and violating the conflict of interest rule. In two of the four matters which served as the basis of the State Bar Court’s disbarment order, the attorney represented joint clients without obtaining informed written consent from each client. In both cases, the attorney represented the driver and passengers in a car accident. A potential conflict of interest existed between the driver and passengers who were injured in the accident.

1

Zador Corp. v. Kwan (1995) 31 Cal.App.4th 1285, 1294.

2

Carroll v. Superior Court (2002) 101 Cal.App.4th 1423, 1428; Rules Prof. Conduct, rule 3-700.

3

Trone v. Smith (9th Cir. 1980) 621 F.2d 994, 998-999.

4

Woods v. Superior Court (1983) 149 Cal.App.3d 931, 936.

5

Id., citations omitted.

6

Mardirossian & Associates, Inc. v. Ersoff (2007) 153 Cal.App.4th 257, 278; Slovensky v.

Friedman (2006) 142 Cal.App.4th 1518, 1535.

7

Cal Pak Delivery, Inc. v. United Parcel Service, Inc. (1997) 52 Cal.App.4th 1, 14, fn. 2.

8

Law Offices of Ivan W. Halperin v. Occidental Fin. Group (9th Cir. 1994) 40 F.3d 1059, 1061, 1063.

9

Class B Ltd. Partner Comm. v. Meyers Law Group, P.C., 2013 U.S. Dist LEXIS 124077 (N.D. Cal. 2013) *6, 8, 10-11, 13-15.

10 Pringle v. La Chapelle (1999) 73 Cal.App.4th 1000, 1005-1006.

11 Class B Ltd. Partner Comm. v. Meyers Law Group, P.C., supra, 2013 U.S. Dist LEXIS 124077, *15.

12 BGJ Associates v. Wilson (2003) 113 Cal.App.4th 1217, 1227; David Welch Co. v. Erskine & Tulley (1988) 203 Cal.App.3d 884, 890.

13 See Bus. & Prof. Code, § 6077.

14 State Bar Cases Nos. 11–O–17734 (11–O–18399; 12–O–12012; 12–O–13348), filed May 12, 2014. www.sacbar.org | November/December 2015 | SACRAMENTO LAWYER

31

ar, Commercial Litigation, 0 y Litigation, 2012, 2013, 2014 gation, 2012, 2013, 2014 SCBA NEWS ng and Finance, 2012, 2013, 2014 Estate, 2012, 2013, 2014

Jared Walker is a solo practitioner in Sacramento.

He may be contacted at jared@saclawoffices.com.

SCBA Welcomes New Solo/Small Practice Division

by Jared Walker

T

he SCBA announces the formation a network to assist small practitioners of a new Solo/Small Practice Diviwould benefit the local legal comsion.

Membership in the new division munity. To gauge interest, Burroughs (916) 525-8446 is open to any SCBA member who is a organized several meetings this past solo practitioner or works in a firm of May, which were well attended and enshlealaw.com four or less attorneys. generated detailed input regarding the Early this year, SCBA Executive purpose of the new division.

Director Mary Burroughs, PresiThis summer, the SCBA formally dent Angela Lai, First Vice President established the Solo/Small Practice DiHeather Hoganson, and Membership vision, and approved an interim board Committee Chair Kurt Hendrickson consisting of Ellen Arabian-Lee, John 1/3 Page Ad: started discussing the possibility of a Orcutt, Rob Hofmann, Debra SamJay-Allen LawJared Corp Walker, ad new division. Informal feedback from Eisen uels, Ben Williams, July/August 2014 issue MAGAZINE SCBA members, together with MCLE and co-chairpersons Eli Makus and and speaker topics at the January 2015 Summer Haro. The goal is to create a Board retreat, reinforced the idea that vibrant forum that makes educational

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SACRAMENTO LAWYER | November/December 2015 | www.sacbar.org

resources and practical solutions accessible to SCBA members who practice in a small firm setting. The division is designed to provide a network of resources and colleagues to help its members—including those new lawyers who recently opened their own solo practices—with matters such as ethical compliance, technology and practice management decisions, referral or association-of-counsel needs, office space dilemmas, or partnership and expansion considerations.

The infrastructure for this network is starting to take shape. Led

by John Orcutt, the division is developing an e-mail listserv to connect members. Planning is underway to develop an agenda and to locate lecturers to present in-depth seminars that address challenges unique to small-practice attorneys. Division members will be encouraged to contribute articles or presentations regarding successfully operating a small law business. The division plans to collaborate with SCBA’s Mentorship Task Force—and in time, local law schools—to streamline an attorney-to-attorney advice program assisting new attorneys practicing on their own. This latter initiative received particularly strong support from SCBA members.

Accomplishing the division’s agenda depends on robust participation. All SCBA members in a solo or small practice, or interested in starting such a practice, are encouraged to get involved with the new division by contacting Mary Burroughs at mburroughs@sacbar.org or (916) 564-3780.

AD PROOF

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1329 1329 Howe Howe Ave., Ave., #100 #100 •• Sacramento, Sacramento,CA CA95825 95825

SCBA Annual Meeting

SCBA ANNUAL Annual Law Day DinnerInstalling Celebration 2015 MEETING SCBA

Operation Protect and Defend,of the Year Honoring Distinguished Attorney Sacramento County Bar Association and Federal Bar Association Sacramento Justice ArthurChapter Scotland Proudly Present DATE: Thursday, May 7, 2015 • TIME: 5:30 – 8:30 p.m.

PLACE: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento KEYNOTE SPEAKER: Renowned Loyola Law School Professor Laurie Levenson Recognizing 100% Firms

Officers & Directors

• Honoring Distinguished Attorney GOLD SPONSORS PLATINUM SPONSORS Steve Boutin Frank C. SCBA Officers & Directors • Hon. Installing Damrell, Jr. (Ret.)

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DATE Monday December 15, 2014

TIME SILVER SPONSORS MCLE Prior to Annual Meeting 11:30 Check in Shaw Valenza LLP • Leonard M. Friedman Bar Association Young, Minney & Corr • Downey Brand LLP FREE SCBA Members MONDAY DECEMBER 7,for2015 12:00 Lunch Goodman & Associates • Kanter Immigration Law Office Medina McKelvey LLP • Littler Mendelson, P.C. BRONZE SPONSORS

$100 for Non-Members 11:30 am Check in Jacobsen & McElroy PC • Women Lawyers of Sacramento University of the Pacific, McGeorge School ofEthics Law - Topic: “Attorney 1 Hour Fees, Law Offices of Kaizuka &PLACE Valcarenghi 12:00 pm Lunch ABAS and ABAS Law Foundation MCLE PRIOR TO Practically and Ethically” Capitol City Trial Lawyers Association

Sheraton Grand ANNUAL MEETING: Speaker: Kenneth Bacon SHERATON GRAND 1230 J Street Free for SCBA Holstedt Members of Mastagni 1230 JPrice: Street $65 per ticket. To reserve your place$100 and/or sponsor a student, please RSVP by mail to Adriana C. Cervantes at Porter Scott, for Non-Members 10:30-11:30am KEY NOTE 350 University Ave., Suite 200, Sacramento, CA 95825, by email at acervantes@porterscott.com, online website at www.OperationProtectAndDefend.com 1 hour Ethics All checks should be made payable to “Kennedy Library & Learning Center.” No RSVP isSPEAKER: finalized without payment.

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Ticket information: $45 for SCBA members, $65 for non-members - After November 16th, Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. ___________________________________________________________________________________________________________________________________ ticket prices increase by $5 RSVP to mfenchen@sacbar.org or call (916) 564-3780 After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95819 call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825