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Page 33 Page 23 PRESIDENT’S COLUMN by David Majchrzak LAW SCHOOL COLUMN Building Bridges from East to West by Sofia N. Carrasco ETHICS All in the Family? Sometimes Not the Best Idea by Edward McIntyre TECHNOLOGY Tech Tips and Tidbits by Bill Kammer BUSINESS OF LAW Retention: Avoiding a "Great Resignation" by Edward McIntyre 11 TIPS FROM THE BENCH Judges Michael T. Smyth and Maureen F. Hallahan by Elijah T. Gaglio ONE OF OURS Meet Justice Patricia Guerrero by Renée N.G. Stackhouse SIDEBAR Biography of California Supreme Court Justice Patricia Guerrero by Sara Gold 241612 WHY I LAWYER by Bibi Fell SDCBA MEMBER PROFILE Get to Know Emily Howe WHAT TO DO WHEN ... YOUR CLIENTS BECOME EMOTIONAL by Stephanie Sandler DISTINCTIONS Community Members Honored and Remembered for Their Achievements MEET YOUR BAR-ISTA Nancy Milazzo Program & Event Specialist PHOTO GALLERY COME TO ORDER, THE COURT IS NOW IN SESSION by Eric Alizade TIPS FROM THE INSIDERS: WORKING FOR THE COURTS by Bhashini Weerasinghe THE START OF IT ALL San Diego Inn of Court by George W. Brewster Jr. ONE YEAR LATER: THE SDCBA'S DIVERSITY PLEDGE by Savanah Tiffany 18 23 26 4342 14 45288 Page 26 25 4329JUDGE GENERALADVOCATECORPS A Legal Field That Offers More Than Just Law Practice by Eric Alizade ONE FEMALE'S PERSPECTIVE AS A JAG OFFICER Q&A with Captain Pamela Flores CAN LAW ENFORCEMENT SEARCH YOUR VEHICLE AFTER SENSING MARIJUANA? by Chris Netniss THE DOBBS DECISION by Renée N.G. Stackhouse 34364133 IMPACT SAN3038DIEGO LAWYER | July/August 2022 5
Request your LRIS application: 619.321.4153 or LRIS@sdcba.org San Diego & Imperial Valley Counties We Connect You With More Clients L AW YER REFERRAL & INFORMATION SERVICE The San Diego County Bar Association’s Lawyer Referral and Information Service (LRIS) helped participating attorneys gain just under 38,000 qualified clients in 2021, resulting in nearly six million dollars in legal fees earned. With results like these, LRIS can offer you the most cost-effective way to gain high-quality clients, hands down. The cost is much lower than other marketing methods, including advertising, SEO, listing/rating services, you name it (lower still with the highly discounted LRIS enrollment fee offered to SDCBA members — your membership will immediately pay for itself). The public trusts LRIS as the reliable way to get connected with qualified attorneys. Lawyers trust LRIS too, because we carefully pre-screen potential clients to ensure we only send you referrals that match well with your practice area. Best of all, by participating in LRIS, you will be helping clients access quality legal services they wouldn’t find otherwise — a true win-win.
Issue no. 4. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price of an annual subscription to members of the San Diego County Bar Association is included in their dues. Annual subscriptions to all others: $50. Single-copy price: $10. Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright ©2022 by the San Diego County Bar Association. All rights reserved. Opinions expressed in San Diego Lawyer are those of the authors only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Board. Interested contributors may submit article ideas to the editors at www.sdcba.org/SDLidea. Unsolicited articles will not be printed in San Diego Lawyer San Diego Lawyer reserves the right to edit all submissions, contributed articles and photographs at its sole discretion. Co-Editors George W. Brewster Jr. Gayani R. Weerasinghe Editorial Committee Stephanie Ahlstrom Eric Alizade Shelley Carder Sara Gold Wendy House Julie Houth Anne Kammer Edward McIntyre Michael AndreaWilsonStephanieOlinikSandlerSchooleyWarren 401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 • bar@sdcba.org • www.sdcba.org President David Majchrzak President-Elect A. Melissa Johnson Immediate Past President Renée N.G. Stackhouse Secretary Stacey A. Kartchner Treasurer Michelle A. Gastil Vice Presidents Warren Den Wilson A. Schooley L. Marcel Stewart Kimberly Swierenga Directors Leslie Abrigo Jodi Cleesattle Brandon Kimura Tatiana Kline Brenda Lopez Angela SpencerMedranoScott Robert M. Shaughnessy Fanny Yu New DivisionLawyerChair Jake Zindulka Interim Executive Director Keith Fisher Director of Marketing & Outreach Ron Marcus Senior Designer Attiba Royster Content Publicationsand Editor Savanah Tiffany Marketing Manager Sasha Feredoni SAN DIEGO COUNTY BAR ASSOCIATION Board of Directors SDCBA Staff — San Diego Lawyer SAN DIEGO LAWYER EDITORIAL COMMITTEE ® Issue 4, July/August 2022 ADVERTISERS INDEX Buchalter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Alternative Resolution Centers . . . . . . . . . . . . . 9 CaseyGerry 3 Clio 22 JAMS 32 Judicate West 40 LawPay 4 Lawyer Referral & Information Service . . . . . . . 6 Monty A. McIntyre, Esq. . . . . . . . . . . . . . . . . . . 25 Morgan Run Club & Resort 44 San Diego County Bar Foundation 20 Singleton Schreiber, LLP 2 Todd Bulich Real Estate Company, Inc. 48 West Coast Resolution Group. 35 SAN DIEGO LAWYER | July/August 2022 7
All of these things also relate to an aspect that is almost universal in a niche practice: passion. Lawyers do not fall into a proverbial well that they cannot escape from with any practice. Although some effort may be required to learn new practice areas, time and interest are usually the biggest impediments to developing a practice. So, whether a niche lawyer knew where their passion would lie before entering law school or whether they fortuitously stumbled across a more obscure aspect of the law that they simply fell in love with while working on something only very tangentially related, you will likely find what may be the most underrated quality: passion.
You can’t teach it. Lawyers either have it or they don’t, and no matter how well-intentioned a lawyer may be in addressing the problems their clients approach them with, some internal caring about the outcome can sometimes play an important role in the representation’s success.
A mong many lessons that Nariyoshi Miyagi shared with Daniel LaRusso was his theory regarding how to prune a bonsai tree. Mr. Miyagi counseled Daniel to close his eyes, trust himself, concentrate, and think only of the tree, making a perfect picture down to the last pine needle. When Daniel asked how he could tell if the picture was the right one, Mr. Miyagi responded that if it came from inside, it would always be the right one. As a frustrated gardener, I might question Mr. Miyagi’s advice. No bush or tree in my yard ever comes out quite the way I hope. But the concepts of focus and passion discussed in that exchange are near and dear tenets of a niche legal practice.
This concept is also a two-way street. Niche lawyers are better positioned to select clients and matters they want to spend their time on. This, in turn, makes it easy for many niche lawyers to attend to the work and to the clients, because they are likely relatively hand-selected.
PRESIDENT’S COLUMN BY
There is nothing wrong with a lawyer being a generalist or with maintaining a practice in areas with broader needs and more legal service providers in the marketplace. But there are some aspects of the focus a niche practice requires that at least theoretically should make it easier for lawyers to comply with their professional obligations. First, it is easier to stay current with developments in the practice area. By focusing on core competencies of a discrete area, staying abreast of changes in the law and understanding complex issues can be more readily accomplished. That is because relevant publications, presentations, and association activities addressing the subject tend to mirror the same focus as the niche lawyer’s practice. Accordingly, through just a little bit of diligence and intellectual curiosity, lawyers who concentrate their work on such areas are, in turn, wellpositioned to know the law inside and out. There can also be more opportunities to develop expertise. Niche practices are ones that necessarily have fewer practitioners. As a result, those who develop expertise will more organically attract clients whose problems the lawyers’ practice regularly addresses.
MAJCHRZAK 8 SAN DIEGO LAWYER | July/August 2022
Think of what champions in just about any competitive discipline have in common. Like them, their foes often have very highly developed skill sets. But the champions have passion that truly drives them. Sometimes it really comes down to who has wanted something more. There are hundreds of examples of wasted talent in virtually every industry, and that’s mostly due to a lack of passion or the drive to succeed. As such, passion may be the difference between one lawyer working to complete a task and another lawyer working to reach the best result. DAVID
David Majchrzak (dmajchrzak@klinedinstlaw.com) is the Deputy General Counsel and a Shareholder with Klinedinst PC. His practice is devoted to serving lawyers and judges in ethics, discipline, and litigation matters. He is the 2022 SDCBA President.
When Daniel was training, he inquired when he would learn more. Mr. Miyagi remarked that people should trust the quality of what they know, not the quantity. Perhaps all lawyers can benefit from focus in their professional and personal lives, instead of trying to be everything all at once, given the sometimes overwhelming nature of the profession. It does not have to be in a niche practice. But as you read through this issue, perhaps you will be inspired to consider one.
Early in my career, when I was trying to figure out how to start developing a client base, my biggest concern at narrowing my practice to something more constrained than being a civil litigator was that I would be looking at too small of a group of potential clients. But the reality is that I became more successful when I focused my practice on the law of lawyering, and became particularly involved in ethics consulting and discipline defense work for lawyers and judges. In the end, that meant I needed to develop a very high level of skill. But that came naturally because the more of a particular type of matter a lawyer handles, the more they learn. That, in turn, increases clients’ confidence that the lawyer is the right person for their matter. And, it also increased my own confidence, which I suspect led to even more positive results and satisfied clients, who were more likely to use me again or refer me to their colleagues.
My clients and other professionals who meet me can easily remember what I do. My more limited practice area creates what I suspect is a much clearer and lasting image of what I do. And frankly, there is less competition. As more of a generalist, I was competing with everybody who did some form of civil litigation. It is a lot easier now to know how to spend my time to be more effective in preparing for what I might be asked to do tomorrow and how to reach potential clients. I am no longer “marketing to the world,” but rather to a defined, relevant audience. And I am no longer looking to “take on the world,” but rather to assist other legal professionals with avoiding or resolving issues arising from their practices.
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Sofia N. Carrasco, (they/she); California Western School of Law; Juris Doctor Candidate 2024; first-generation law student; sncarrasco@law.cwsl.edu. EAST TO WEST
SCHOOL COLUMN
LAW by
Sofia N. Carrasco
San Diego Lawyer welcomes article submissions from practicing attorneys and industry experts on various law-related topics. Interested contributors can view guidelines and submit their ideas using the form at www.sdcba.org/SDLidea. We also highly encourage the participation of diverse authors, including (but not limited to) people who have less than five years of legal practice, women, people of color, people with disabilities, and people who identify as LGBTQ+.
SAN DIEGO LAWYER | July/August 2022 11
BUILDING BRIDGES FROM
I also utilized LinkedIn to connect with people outside of my immediate circle — speakers from club meetings and alumni of my school. Many of these individuals were happy to meet with me to perform mockinterviews and discuss their jobs as attorneys, which provided me with a more practical feel for the career.
We want to hear from you.
Please read posted submission criteria carefully. Publication cannot be guaranteed, but the SDCBA appreciates and will consider all article submissions.
I moved to San Diego from Pittsburgh in August 2021, approximately two days before beginning law school. My decision to move to the West Coast was made quickly, but I acknowledged its risks, knowing that I would be moving to a state and a city where I knew virtually no one. And so I found myself, an inexperienced 1L, looking to make the most of my year and secure a position coveted by many first-years: a paid summer internship. Exerting my best academic efforts was certain to pay off, but I couldn’t help but notice I was surrounded by connected members of the San Diego community: students from lawyer-families and ex-professionals. Feeling eclipsed by a pool of candidates with developed connections within the legal community, I knew exactly what I had to do to market myself: I had to network. I came from the City of Bridges, and now it was time to build my own. After considerable trial and error, attempting to follow the steps of advice I sought from online articles, I realized there is no one method to networking. We are, after all, students and professionals with limited time, energy, and resources — so I chose to tailor my networking to my schedule, taking advantage of where my commitments took me. My networking, in all reality, began with my professors and classmates. Camaraderie within the academic community, coupled with diligent work and respect, landed me letters of recommendation and referrals to pro bono cases, which in turn bolstered my resume.
Finally, I was attentive to the news from our local bar association, the SDCBA, which posted about the Diversity Fellowship Program (DFP), a paid summer opportunity for students to gain experience in a prominent firm. I applied and was accepted, ultimately succeeding in my yearlong mission. As a DFP fellow, I continue to attend monthly Bar events, which are great for networking, and provide opportunities to learn about future positions, like externships and clerkships. My journey is far from over, but looking back, it’s nice to see what just one year can do.
“Well, I am a brilliant lawyer. But yes, I told him we wouldn’t charge him if it stayed relatively simple. An A-B marital trust usually is. Once you know what the two people want.” “Aha. There’s the rub.” “What do you mean?”
Macbeth nodded to Sara and Duncan. Duncan started. “When a lawyer has more than one client — joint representation if you will — there’s at least the potential of conflicting interests.” Sara“OK.” picked up the thread. “If so, each client must give informed written consent to the joint representation after disclosure of all the known downsides. Otherwise, the lawyer can’t go forward with joint clients.”
“How does that affect me?” Macbeth toyed with his stein. “From what you said, they disagree about something fundamental to the representation. Who will be their trust’s ultimate beneficiary? Their estate? That sounds like an actual conflict, not just a potential conflict.”
12 SAN DIEGO LAWYER | July/August 2022
ETHICS by Edward McIntyre
ALL IN THE THESOMETIMESFAMILY?NOTBESTIDEA
“My brother, George, wants me to prepare his and his wife’s estate plan. Essentially an A-B marital trust.” “Something you do?” “Sure. I’ll have my probate partner look over my work before I give it to George and Alice, his wife. But I’m comfortable doing it.”
“What’s the question?” “George wants the final beneficiary of both trusts to be my children. Alice, he tells me, disagrees. Thinks the ultimate beneficiary should be the symphony. Which they enjoy — and which is always asking for money. But George said he’d bring her around.”
Macbeth gestured to the open seat and nodded to a waitress. “Please join us. Care for a pint?”
“Do they have children of their own?” “No. That’s why George picked my kids. He’s a great uncle. My question to you guys is whether you see any issues in my doing the work.”
“Didn’t stop by to freeload, but thanks.”
Illustration by George W. Brewster Jr. F riday afternoon, Macbeth, Sarah, and Duncan had just settled into a booth at MacDuff’s Irish Pub for a pint of Guinness at the end of a busy week. Bob Morris stopped at their table. “May I ask this ethics brain trust a quick question?”
"Fresh pints all around," Macbeth said. “‘Brain trust’ at your service.”
“Should we assume your brother came to you for the ‘friends and family’ discount?”
Sara added, “Then we have to consult with the client about the means to accomplish the client’s objectives.”
Macbeth said, “Recommend that each have a separate lawyer. Not anyone in your firm. Let those lawyers negotiate, if they can, a resolution.”
stepped in. “You obviously would like to keep their estate in the family. Alice wants the symphony to benefit. George wants your kids to benefit. Without pressure from George, and maybe you, would Alice really agree about the final beneficiary of their trust? It sounds like no, she wouldn’t.”
Bob turned his palms up. “So, what do I do?”
Editor’s Note: The Rules of Professional Conduct to which Macbeth, Sara and Duncan referred are rules 1.2, 1.4 and 1.7 as well as Family Code sections 721 and 1100.
Macbeth continued. “First, your role is not to ‘convince’ a client about the client’s goals. Our responsibility is to abide by the client’s decisions concerning the representation’s objectives. In short, the client is the ultimate authority to determine the purposes our representation will serve.”
“Well, of course.” Sara and Duncan spoke at the same time. “Material limitation.” Duncan“What?” answered. “It sounds like you have a material limitation in the representation based on your own personal interest.” “What’s that mean?”
Sara continued. “The current conflict rule prohibits any representation when there is a significant risk the lawyer’s own interests will materially limit the lawyer’s representation of joint clients without each client’s informed written consent.”
“But Macbeth—”
Sara added, “As husband and wife, each owes a fiduciary duty to the other. George should not be pressing Alice to agree with him on something so fundamental.”
Sara added, “If the ‘friends and family discount’ is important to them, perhaps agree you’ll contribute to whatever legal fees they incur.”
The SDCBA Legal Ethics committee is here to help! SDCBA members can call our Legal Ethics Hotline* for guidance and perspective on a variety of ethical considerations in the practice of law. Your call will be taken by a seasoned attorney with significant experience in legal ethics issues. Simply call the hotline and leave a message with your phone number, your question, and any context you can provide that can help our attorneys research your question before responding. One of our Legal Ethics committee members will call you back to discuss your question with you.
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
Macbeth ticked off points on his fingers. “As I see it, one, you have potential clients with actual adverse interests in this representation. Each wants something at odds with the other. In addition, you have a personal interest in the outcome. I assume you’d like your kids to be the ultimate beneficiaries of your brother and sister-in-law’s estate.”
*Before calling, please read this disclosure: https://www.sdcba.org/docDownload/47105.
GOT A LEGAL ETHICS QUESTION? CALL THE LEGAL ETHICS HOTLINE: (619) 231-0781 x4145
“Well, suppose George and I can convince Alice that the symphony has enough donors, including them during their lifetimes. After all, he’s been the principal breadwinner. Not to diminish Alice’s contributions to his success and such. But —” Sara shook her head and looked away to a Premier League match on the screen above the bar.
Bob sighed. “This is the most expensive beer I never paid for.”
The most recent survey can be found at ediscovery-pricing-survey-results.complexdiscovery.com/alternative-reality-winter-2022-https://
TECH
AND TIDBITS 14 SAN DIEGO LAWYER | July/August 2022
Rob Robinson of ComplexDiscovery has published semi-annual eDiscovery pricing surveys since 2018. He asks the survey respondents their appreciation of the current prices paid for various discovery evolutions. The questions usually include collection costs charged by a forensic examiner per hour or device; the pergigabyte cost to process ESI; and the cost per gig per month to host ESI data. It’s fair to say that many lawyers may be naïve purchasers of eDiscovery services for their clients. This information might help them to make informed decisions about the recommendations from vendors who also want to perform the work.
eDiscovery Pricing Survey
In the early years of eDiscovery, parties often sought, and courts often ordered, the collection and production of full disc images of servers or drives and forensic images of mobile devices. Today there may be occasional compelling reasons to use those methods to preserve, collect, process, and review their entire ESI. But in reality, the cost is seldom justified, particularly in an age where proportionality has become a major consideration in determining the extent and breadth of eDiscovery evolutions. Most drives and devices also possess substantially more data than is relevant and admissible. The cost per drive or device, plus the charge by Bill Kammer TIPS
Imaging Hard Drives and Mobile Devices
Tom O’Connor’s Checklist Manifesto
eDisclosure Systems Buyers Guide
On the other side of the pond, eDiscovery becomes eDisclosure. Though there are many buyers guides, Andrew Haslam publishes one of the most reliable and comprehensive. His guide is now in its 10th year. Though the majority of the 450 pages are supplied by the organizations themselves, Andrew annotates many of those pages with notes, best practice recommendations, and warnings. The first seven sections of the book cover educational information and purchasing resources. Download the entire guide at edition-andrew-haslam.com/the-edisclosure-systems-buyers-guide-2022-https://complexdiscovery.
The noted commentator Tom O’Connor co-authored an eDiscovery “checklist manifesto” you may have missed because it was published during the pandemic. The manifesto is a guide to a repeatable discovery process for the current legal environment. The wellknown Electronic Discovery Reference Model (EDRM) was developed in 2005 to provide an early appreciation of the steps involved in locating, preserving, reviewing, and producing electronically stored information (ESI). It suggested a linear process, but eDiscovery has evolved over the years along with the data types and the tools necessary to cope with them. The checklist manifesto provides another way of envisioning the entire eDiscovery process. You can obtain a copy of the manifesto eDiscovery%20Checklist%20Manifesto.pdf.https://ediscovery.aceds.org/hubfs/2020-55_ACEDS%20at
TECHNOLOGY
Muting on Zoom and Teams
The age of innocence is over. In an earlier time, internet denizens may not have appreciated that internet posts could be forever or that the Wayback Machine [https:// web.archive.org] may have saved those posts.
for a technician’s time, can make wholesale imaging and copying expensive. Fortunately, vendors now offer tools that allow selective and even remote collection, and price competition has reduced per-device charges. There are a fair number of articles and cases discussing these trends, and you could start with these: litigation-discovery.phone-forensic-imaging-is-a-high-burden-to-prove-in-https://www.exterro.com/blog/case-law-alert-cell-imaging-not-required-for-ediscovery-collectionshttps://blog.x1discovery.com/2021/03/03/full-disk-and
A recent study reported that even if the muting button is pressed and the microphone supposedly off, the apps themselves may still listen to your conversation and send some information along to their servers. The amount and frequency of data collection and transmission probably varies with the app and browser used, but still, these issues may raise serious privacy concerns. Researchers at the University of Wisconsin-Madison and Loyola University Chicago conducted the study and published their report at videoconferencing-apps-may-listen-even-when-mic-is-off.http://news.wisc.edu/youre-muted-or-are-you-
Most attorneys have found the mute button on these popular collaboration apps. To mitigate background noise, moderators often suggest or require muting.
But many now realize they have a digital legacy that can be taken out of context, that might have been flippant or juvenile, or that may not accurately reflect their personality and interests. Twitter is a good example of a happy hunting ground for flippant and embarrassing tweets and likes. Help is on the way that allows the collection and/or deletion of your Twitter archive. First, you can download and review
all your tweets. This may also serve for eDiscovery preservation and collection to allow later review and/or Twitter’sproduction.websiteposts instructions for downloading your archive at background,haveTheSemiphemeral’sAfteryourthird-partydeleteButaccount/how-to-download-your-twitter-archive.https://help.twitter.com/en/managing-your-Twitterdoesnotprovideatoolorsettingtobulk-yourtweets.However,thereisapubliclyavailabletoolcalledSemiphemeral,whichisprobablybestoptionfordoingthatwhenappropriate.downloadingyourTwitterarchive,proceedtowebsiteandfollowtheinstructions.appallowsyoutosavespecificmessages.Afteryousetyourpreferredrules,Semiphemeralrunsinthebulkdeletingtheremainder.Readmoreabout Semiphemeral and its operation at the website of the developer, Micah Lee: and-direct-messages.semiphemeral-automate-deleting-your-old-tweets-likes-https://micahflee.com/2020/09/ Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP. FREE EXPERT Technology and Law Practice ManagementADRIANACONSULTINGWILLHELPYOU! BOOK YOUR NEXT FREE APPOINTMENT WITH ADRIANA: sdcba.org/techappointment Starting a new firm? Or trying to tame your current operation? Wondering which practice management platforms to use? Confused about all those tools in your Microsoft 365® subscription? SAVE HUNDREDS OR THOUSANDS IN CONSULTING FEES! ADRIANA LINARES SDCBA Technology and Practice Management Advisor SAVE HUNDREDS OR THOUSANDS IN CONSULTING FEES! JUST FOR MEMBERS:SDCBA
Deleting All Your Tweets
The ABA released a Thomson Reuters analysis — "Stellar Performance: Skills and Progression Mid-Year Survey” — that identified three specific priorities lawyers say are now important to career decisions: balance (work-life balance and mental well-being); family (mothers’ greater participation in the profession and men taking a more active role in child-rearing); and the long game (realization that retirement will likely come much later for the current generation; thus recognition they may have to work an extra decade tempers enthusiasm for grinding work).
Data suggests — indeed supports the conclusion — that younger lawyers want to feel a sense of value and purpose in their work; they want to have positive and tangible social impact. They also want to feel appreciated and recognized. And they seek opportunities for growth and personal satisfaction in their work.
L aw firms attempt to recruit the best and the brightest. In an era of compensation competition, however, acquiring that talent has become even more costly. More importantly, replacing lost expertise is both disruptive and costly. Thus, discovering how firms can retain young talent takes on increasing importance. A recent Microsoft study discovered that 40% of workers worldwide considered quitting their current jobs or changing professions. The statistic has hit home in the legal profession. Post-pandemic, law firms have experienced unprecedented turnover.
Data thus suggests that law firms need to communicate, particularly for younger lawyers, that the firm, in fact, practices fairness when making assignments, performing evaluations, deciding compensation, and considering promotions. Firms should also recognize the need to provide opportunities for mentoring, training, and professional growth because younger lawyers say they want to advance in both their careers and the profession itself.
Business of Law by Edward McIntyre
AVOIDINGRETENTIONA“GREATRESIGNATION”
16 SAN DIEGO LAWYER | July/August 2022
The American Bar Association (ABA) published a recent analysis that showed the rolling 12-month turnover rate for associates reached more than 23% through November 2021. To stop the hemorrhage, some firms engaged in a salary feeding frenzy; compensation growth increased by 11.3% through November 2021. Hence, no one should be surprised that an American Lawyer survey found almost 27% of the 3,700 associates from 77 Am Law 200 firms surveyed said they would leave their current firms for higher compensation. But money may not be the only answer to lawyer retention — at least for younger lawyers.
Taking these priorities into account, indeed making them part of a firm’s culture, likely will not be easy. The financial model for many firms continues to require younger lawyers to work long hours, engaged in fundamental tasks that many find endless and marginally fulfilling. But, although compensation will always matter, firms of all sizes that adjust their culture may be able to compete for this talent pool and retain it.
Learn more
In addition, these lawyers repeat their desire to work for firms that actively contribute to their communities. Thus, to attract and retain this talent pool, firms should take these priorities into account, attempting to ensure the work in which these lawyers are involved is consistent with their values. Work-life balance is much discussed today. Yet, data demonstrates that it is not just a slogan. In fact, it plays an increasingly important role in younger lawyers’ professional satisfaction. Hybrid or remote work provides flexibility that allows lawyers to balance personal values with client responsibilities. It does, however, require thoughtful implementation to ensure that client needs are met and that firms can still meet their training, mentoring, and career development objectives. Other data turns a spotlight on some retention strategies. Another Thomson Reuters study found a significant majority of lawyers and tax professionals reported their work gave them a strong sense of purpose. The survey — Thomson Reuters contacted lawyers in 60 countries, which may skew its value for domestic firms — found respondents took pride in an ability to have a social impact. A third reported that creating employment opportunities for others gave them a sense of purpose; it put meaning in their efforts to help client businesses succeed. Finally, a sense of professional purpose came from mentoring others and helping develop colleagues’ skills; educating others about their legal rights; and serving as role models for women, minorities, and other underrepresented groups in the profession. Thus, data appears to demonstrate that purposeful work may be critical for keeping talented lawyers in the age of the “Great Resignation.” Reorienting law firm culture — and practices that will necessarily change — may require sustained effort that will prove difficult. It may, however, pay dividends in attracting and retaining the best and the brightest.
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There, he worked as a police legal advisor when Jerry Sanders was Chief of Police. He then went in-house at the San Diego Police Department as Assistant to the Chief of Police, serving as Chief David Bejarano’s legal and policy advisor.
By Elijah T. Gaglio
PATH TO THE BENCH
Smyth comes from a large family. Because his father was in the military, they traveled throughout the United States from Hawaii to Georgia before eventually settling in San Diego when Judge Smyth was 5 years old. He recalls obtaining his first job around sixth grade, sweeping and cleaning offices for a neighbor’s business. Smyth remembers his parents teaching him to do the best he could at whatever job he had, not to burn bridges, and to keep an eye open for opportunities to make his life better. Like Smyth, Hallahan was raised in San Diego. Her mother was a first-grade schoolteacher and her father was an administrator at what is now San Diego State University (SDSU). Hallahan commented that, like Smyth, her parents instilled in her a strong work ethic, teaching her to work hard and that helping others who were less fortunate mattered. She remembers taking a civil service exam when she was about 14 years old and started working for less than $1 an hour at a local public library.
T his year, the San Diego Superior Court welcomes new Presiding Judge Michael T. Smyth and new Assistant Presiding Judge Maureen F. Hallahan, who were elected by their fellow jurists to lead the Court during the pandemic and ever-changing legal field.
THE JUDGES’ BACKGROUNDS
Smyth attended the University of San Diego (USD) for his bachelor’s degree in business administration. In between college and law school, he worked in San Francisco’s hotel industry for three years. Smyth eventually decided to return to USD and attend its law school. Smyth would later become a supervising criminal prosecutor for the San Diego City Attorney’s Office.
Hallahan obtained a bachelor’s degree in psychology from SDSU. She believes her degree was and is critical to understanding people, communicating effectively with others, and navigating tense situations.
Hallahan obtained her law degree from USD Law School. After law school, she worked as an associate and partner at both Miller, Bokyo & Bell and Mulvaney, Kahan & Barry. She then moved to Procopio, Cory, Hargreaves & Savitch, where she was an equity partner, specializing in business, intellectual property, employment, and fiduciary litigation. She was a longtime member of the firm’s five-person management committee.
JUDGES MICHAEL T. SMYTH AND MAUREEN F. HALLAHAN
TIPS FROM THE BENCH
Judges Smyth and Hallahan will work with Court Executive Officer Michael M. Roddy to oversee 154 judicial officers and approximately 1,200 court employees.
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Elijah T. Gaglio (egaglio@amslawyers.com) is an Associate Attorney at Aguirre & Severson, LLP. He specializes in public interest and civil litigation.
TRANSITION TO THE BENCH
After initially starting out in family court, Smyth was able to return to his criminal law roots. He worked in the court’s Criminal Division for many years and for a time served as the Criminal Supervising Judge before becoming Assistant Presiding Judge in 2020. Conversely, Hallahan started out in the Criminal Division but ultimately found her calling in the Family Division. Her initial three-year term in the Family Division turned into nine years. She realized that family law blended various areas of the law and her psychology training. She served as a family law judge for nine years, holding the position of Family Law Supervising Judge for the last five years she was in the division and earning many awards, including Judicial Officer of the Year from the Family Law Section, State Bar of California. She returned to the Criminal Division and remained there until she was elected Assistant Presiding Judge. SAN DIEGO SUPERIOR COURT IN 2022
Smyth was elected to the bench in 2002, and Hallahan was appointed to the bench in 2007. Both judges agreed their transition from attorney to judge included a steep learning curve, and they thank the judicial colleagues, clerks, and attorneys who helped them during their first days on the bench.
“Positively, innovativepandemic’stheobstacleshavechallengedthecourttocomeupwithstrategiesthathavepotentiallylong-lastingbenefitsforthejusticesystem.”
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Positively, the pandemic’s obstacles have challenged the court to come up with innovative strategies that have potentially long-lasting benefits for the justice system. For example, Smyth pointed to the improved technology and increased options for remote appearances.
Both judges acknowledge the struggles of attorneys due to the pandemic and praise them for working hard to satisfy their duties to their clients in spite of the pandemic’s effects. Smyth remarked that as he progresses in his new role, one thing at the forefront of his mind is the Court’s March 2020 shutdown. When courts were shut down throughout the country, everyone knew it was unprecedented. The Court continues to work through the backlog of cases and trials caused by the pandemic. Although it is daunting, with the cooperation of the court, legal profession, and the community, the Court hopes to continue to eliminate the backlog over time. In February 2021, Bloomberg Law reported there was a short supply of jurors in San Diego County. Smyth explained one area he wants to focus on to make improvements to is the juror summoning process, which may include additional preclearance requirements to use potential jurors more efficiently.
Smyth explained that despite the struggle to compete with the private industry and other courts to find court reporters, the Court will continue to work to increase its number of court reporters.
Smyth also wants to focus on making the court’s technological infrastructure more permanent, as improved technology increases access to the courts through remote appearances. “Those working in the IT department are some of the top people in their line of work. They like the work and it shows in what they produce,” said Smyth. “We have had real success because of very good judges and court staff in tune with technology and its possibilities.”
In September 2021, San Diego Superior Court issued a Court Service Update that “[d]ue to staffing shortages, the San Diego Superior Court will no longer provide official court reporters in most family law matters.”
A Benefit that Supports San Diego Legal Charities Sponsored by: An Evening in La Jolla Saturday, September 24, 2022 6-10pm at Scripps Seaside Forum An Evening in La Jolla Saturday, September 24, 2022 6-10pm at Scripps Seaside Forum For more information, visit SDCBF.org/ELJSCAN HERE
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Now that my daughter has been cancer-free for one year, I lawyer because I am surrounded by a community that touched me in such a way that I think I finally understand the impact I have on my clients. I lawyer because not only my success, but my difficult times, can inspire the next generation to keep lawyering. I lawyer because I am proud to be a part of a community that can fight hard for clients across the courtroom aisle and still stretch out a hand and recognize each other’s humanity. I lawyer because I’m not done lawyering. I’m not done changing lives — one client at a time. I’m not done helping women see a path to a long and successful career. I’m not done serving my community of juris doctorate-holding human beings, to whom I am incredibly grateful.
WHY I LAWYER
In 2021, my then four-year-old was diagnosed with highrisk liver cancer. I struggled with how to be a mom of a sick child without exiting the profession. And then you — my colleagues — wrapped your arms around me and showed me a path. You sent food. You offered to make appearances for me. You agreed to continuances. You held your breath with me through the scary times. You held my hand through my most difficult time. You told me not to stop lawyering.
Shortly after law school, I took a job at one of the largest law firms in the world doing complex commercial litigation. I was young, energetic, and had an insatiable intellectual appetite. I lawyered because it was fun — an intellectual puzzle that I just could not put down.
Early in my career, I became a single mom. I wondered how I was going to take care of two little girls and pay the mortgage on my own. Sheryl Sandberg wrote a book called Lean In. My book was different. It was called Hang On. During that exhausting, anxious, overwhelmed period of my life, I lawyered to survive. After ten years of practice, I had worked hard enough and gotten lucky enough times that I finally felt financially stable. My daughters were old enough that I could open the door to my passion again. I wanted the thrill of trial. I transitioned my practice to represent people who had been catastrophically injured or suffered the loss of a loved one and focused on finding trial opportunities. I lawyered because trial was an adrenaline fix. The excitement of trial was not my only passion. Like my mother, a nurse, I cared deeply about people. I was given the opportunity to hold my client’s hands through the most difficult time of their lives. I discovered the deep satisfaction of achieving a life-changing result for a disabled child, a widow with young children, a onceindependent adult who could no longer care for themself. I lawyer because I can make a positive and palpable difference for another human being in a very dark time. I grew up learning how to try cases from men. Then I met a group of women who tried cases and got big verdicts. I watched them at conference after conference – often terrified to have to speak after they had just blown the audience away. I developed a deep admiration and respect for them. In 2020, we joined forces as Athea Trial Lawyers to take on fights that are important to women, to work with younger women on their cases, and to show the world that girls can get big verdicts too. I lawyer to move the needle for women in our profession.
A t four years old, I wanted to be a trial lawyer. I’ve pondered what a four-year-old could possibly know about lawyering. My dad was a lawyer. Whatever he did in that suit was important and he was passionate about it. I wanted to lawyer because I wanted a life of importance and passion.
BIBI FELL SAN DIEGO LAWYER | July/August 2022 23
Bibi Fell (bibi@fellfirm.com) represents plaintiffs who suffered catastrophic injuries or the death of a loved one. She is the Founding Partner of Fell Law and is a Partner at Athea Trial Lawyers. She is also a member of the American Board of Trial Advocates.
Renée N.G. Stackhouse (renee@stackhouseapc. com) is a plaintiff’s personal injury and military defense trial lawyer at Stackhouse, APC.
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We hold her in our hearts with gratitude. At her confirmation, Guerrero said of her appointment: “This is a story of the American dream, the belief that with hard work, perseverance, and opportunities, anything is possible. And for that I am thankful.” Your Honor, it is we who are thankful.
Garcia agreed, stating “it ensures that our experiences, our voice, and our points of view will be heard and understood, and will be considered in the overall decision-making. The process of sharing experiences and points of view amongst diverse representatives has the effect of broadening their individual and collective points of view, making them more informed.”
Superior Court Judge Yvonne Campos also notes that Guerrero “is first rate and as qualified as any other justice given her experience in Big Law, and the trial and appellate courts. That she embraces her Mexican heritage is a huge boost for Latinas statewide, as well as nationally. We are not just maids or gardeners. We are qualified for legal positions of the highest order. I hope she uses her visibility to continue shattering biased low expectations for women and Latina lawyers.”
ONE OF OURS Meet Justice Patricia Guerrero By Renée N.G. Stackhouse
C alifornia Court of Appeal, Fourth Appellate District Associate Justice Patricia Guerrero was sworn in as the newest — and first Latina — associate justice of the California Supreme Court on March 28, 2022. I don’t personally know Justice Guerrero, but I vividly remember hearing the news of her nomination, tearing up in front of my computer, and wanting to shout it from the rooftops: there will be a Latina California Supreme Court justice! Guerrero’s appointment is significant to the Latinx community, but even more so to our San Diego Latinx community. Even if she doesn’t know it, she is ours. We celebrate her professional trajectory as our own. It was a moment both 173 years in the making (the full existence of the California Supreme Court), and 19 years in the making (the length of Guerrero’s impressive legal career). And this moment changed everything for Latinx lawyers in the profession. As San Diego Superior Court Judge Patricia Garcia noted: “The appointment of Justice Guerrero makes what was once a possibility into a reality. It confirms that the road to the California Supreme Court is wide and varied, debunking the myth that you must have a background of privilege, and it normalizes the achievement in our psyche opening the door for others to follow.” San Diego La Raza Lawyers Association President Irving Pedroza shared the sentiment, stating that “it means that our younger Latinx generations can aspire to hold the highest positions of government, and now more than ever, because of trailblazers like Justice Guerrero, these dreams can become a reality.” We see our community advancing through her appointment. Nadia Bermudez, Past President of San Diego La Raza Lawyers Association and an attorney appointed to evaluate judicial applicants for both the State of California and the Southern District of California, highlighted the impact of the appointment on the community.
“The Governor appointed an eminently qualified Latina to the Supreme Court. This is important because a diverse judiciary helps instill trust and confidence in the justice system. When the community sees that the judiciary is actually representative of the people, they are more likely to think that they will be treated fairly and, in turn, respect the system. In addition, a diverse judiciary means that different life experiences are interpreting the law and how it impacts people from different walks of life.”
Justice Patricia Guerrero probably could not have imagined when she first became a judge in 2013 that less than a decade later, she would be joining the state’s highest court as its first Latina justice.
By Sara Gold
SIDEBAR BIOGRAPHY
A first-generation American, Guerrero was raised by Mexican immigrant parents in the Imperial Valley. She worked through college and law school to fund her education at U.C. Berkeley and Stanford Law School.
Governor Gavin Newsom nominated her to the Court, lauding her as “a keen legal mind and well-respected jurist [whose] wide-ranging experience, integrity, deep respect for the rule of law, and lifelong commitment to public service make her ... an inspiration to all of us and a testament to the California Dream’s promise of opportunity for all to thrive, regardless of background or ZIP code.”
She was an Assistant U.S. Attorney for the Southern District of California and then partner at Latham and Watkins LLP prior to joining the judiciary.
Guerrero dedicated her Supreme Court nomination speech to her late mother while also reflecting on the implications of her nomination for “so many others just like us.” “This is a story of the American dream,” she said, “the belief that with hard work, perseverance, and opportunities, anything is possible.” OF CALIFORNIA SUPREME COURT JUSTICE PATRICIA GUERRERO
Guerrero was appointed to the San Diego Superior Court in 2013 and then joined the Court of Appeal, Fourth Appellate District, Division One in December 2017. After serving four years on the Court of Appeal, she was sworn in to the California Supreme Court on March 28, 2022.
Sara Gold (sara@eastmanip.com) is an intellectual property litigator with San Diego firm Eastman IP. She has been published in law journals across the country and is editor of For the Record, produced monthly by the SDCBA New Lawyer Division.
Administrative Presiding Justice Judith McConnell of the Fourth District Court of Appeal, who initially recommended Guerrero as a candidate for the Supreme Court, praised her as a “treasure” and “a wonderful woman who represents the best of our citizenry and who will meet the heavy demands of our Supreme Court.”
The Judge Advocate General’s Corps (JAG) is just that law firm. The oldest JAG Corps belongs to the United States Army, which was founded in 1775. Each military branch has its own JAG Corps, yet all of them have one mission: to serve as legal advisors to ensure mission success. The legal practice in the Corps encompasses a range of legal fields. Among many areas of law are National Security Law, Operational Law, and Rules of Engagement. The military law is governed by U.S. laws and the Uniformed Code of Military Justice (UCMJ). Enacted in 1951 by Congress, the UCMJ is a federal law that applies to all members of the armed forces. UCMJ consists of 146 articles and 12 sub-articles for a total of 158 articles under which a member of the armed forces can be charged. Charges range from Article 107 “Making False Official Statement” to Article 134 “Abuse, Neglect, or Abandonment of a Public Animal.”
A Legal Field That Offers More Than Just Law Practice By Eric Alizade
I magine a law firm that is over 4,500 lawyers strong who are spread both nationally and internationally.
JUDGE GENERALADVOCATECORPS
26 SAN DIEGO LAWYER | July/August 2022
The military justice system has similarities to its civilian counterpart. JAG officers assist the command by primarily focusing on the unit’s legal needs. Among other things, officers conduct court martials. Court martials are used to prosecute and punish military personnel for serious violations of the UCMJ. It is equivalent to prosecution by the District Attorney’s Office. On the other hand, the Trial Defense Services focus solely on defending the soldiers within the military. These JAG officers could be considered to fill the role of public defenders. These are two independent offices that operate with the purpose of having a just system in the military. JAG officers can be placed into prosecution for one year and into defense the next. International Law appears to be one of the most exciting assignments that an officer can get. Given the fact that we have a military presence all over the world, this area can be both thrilling and challenging. During deployments, the officers get opportunities to work with legal professionals from around the world. While deployed to Afghanistan, Captain Jai H. Kim of the 79th Infantry Brigade Combat Team had to learn laws such as Sharia Law and local Afghani laws to be able to effectively operate as a legal professional in that country. Deputy Attorney General and Lieutenant Colonel Vincent P. Lapietra of the United States Army Reserves also mentioned that during these deployments, the officers get opportunities to collaborate with local judges and lawyers in creating and sustaining a judicial system similar to the one in the United States. Right now, there are JAG officers in all branches across the world who work diligently assessing and advising the command on the potential future involvement of our armed forces in the conflict between Ukraine and Russia. It is important to highlight some professional benefits that JAG Corps can offer. “One of the benefits is the camaraderie,” said Kim. The support that officers receive comes from all over the nation. Once you join the Corps, you get access to countless legal resources. Even the JAG Corps school has a line dedicated to officers who need support with legal inquiries. This support extends even further with all of the officers being available to support each other during mental health crises. Another benefit that comes with this job is networking. “I have worked with judges and lawyers from all over the nation,” said Lieutenant Colonel Lapietra. It opens doors to law practice opportunities all over the country. With benefits come hardships. Adjusting to military law can be a bit challenging, especially if one comes from civilian law practice. Kim shared that military law is straightforward, which leaves little room for discretion and exceptions. This could be challenging for a lawyer coming from civilian practice where discretion and exception have a great deal of weight in the justice system. Additionally, one can find it difficult to adjust to military life in general. It requires complete dedication.
“Once you join the Corps, you get access to countless legal resources. Even the JAG Corps school has a line dedicated to officers who need support with legal inquiries. This support extends even further with all of the officers being available to support each other during mental health crises.”
Missions don’t wait on birthday parties or anniversary celebrations. Thus, one who joins will miss a lot of parties and important events. It takes mental preparation to accept this fact. Despite the challenges, after interviewing a number of JAG officers, what emerged as universal truths were the pride and honor in being a part of this Corps. The interviewed officers displayed a lot of passion and admiration while discussing the Corps. Indeed, this legal field comes with a lot of merit because one is, first, a defender of freedom and then a JAG officer. “My dad is my hero,” said Kim’s son during a school presentation of favorite action-hero characters. Frankly, the challenges in this field are overwhelming, but in the end, one gets an opportunity to use the law not only to protect our borders, but also to protect people around the world.
SAN DIEGO LAWYER | July/August 2022 27
Eric Alizade (eric.alizade@gmail.com) is a Deputy District Attorney in Imperial County. He was born and raised in Azerbaijan. He and his parents moved to the United States in 2010, and he has been a resident of San Diego County since 2010.
What are some hardships that you have faced as a female officer? What, if any, are the benefits? Speaking up is still an obstacle. After school, once in my assigned unit, I learned a few truths about military life. Water will always be a luxury. Modesty is quickly abandoned. Enlisted females have a lot of survival skills that the Army should really look into and adapt in the future. Judge Advocates know the law and help all other sections with questions about regulations and situations that arise from the work we all do. In turn, JAGs are expected to have accurate answers that help command and aid soldiers. There are many meetings, and meetings are where differences between the sexes show, implicitly and explicitly. During the occasional officers meeting, I would say something or offer an idea that went unacknowledged. Then a male officer would say the same thing (or something quite similar) and would be acknowledged. I developed the skill of shouting, “That is what I said!” It was very effective. As leadership changed, many females came into command positions, including one Commanding General. Male leadership that transitioned in asked for female input from all sections. Things are changing now. It is a work in progress, but the progress looks promising. Has it been difficult to balance work and life, and if so, what are some difficulties that you have faced? Yes, in a way. The Army is not 9 to 5. But as an Army Guard/Reserves participant, I am able to have a civilian career as well as a military career. It does result in double the workload, but with the addition of web-based programs, I have been able to take care of military legal matters after drill weekends.
ONE FEMALE’S PERSPECTIVE AS A JAG OFFICER: Q&A WITH CAPTAIN PAMELA FLORES
The ACFT is still under development and training for it is one of the projects I currently work on. The deployed environment is where the difference is truly felt. I observed fellow female officers leave newborns and young children at home and face criticism for it. Meanwhile, males were lauded and appreciated. Both sides suffered immensely, but only females were shamed. Female officers held key positions and were critical for the mission. I am very glad I got to work with them and they hold my respect in many ways.
28 SAN DIEGO LAWYER | July/August 2022
What has your experience been like as a female JAG officer? Women aid each other. It is easy to immediately think that my military career is harder because I am a woman. It has been challenging, but we have come a long way from GI Jane-like scenarios. Whether times are changing or I am truly blessed, my career so far has been interesting. Challenges and difficulties have been present, but many a soldier from all ranks, sexes, and backgrounds have come to my aid. At the beginning, in Fort Benning, Georgia, I met my classmates who are now part of an extended family. While at the barracks, my roommate was a state trooper from Alaska! Across the hall from us were mothers, lawyers, judges. Some women had prior military experience and some did not. The ones who did taught us everything from properly tying our boots to packing a 40-pound duffle bag. Being born and raised in Puerto Rico, I brought my prior experience of hurricane survival and shared how to shower in the field where water is scarce. And of course, the unspoken rule of bringing extra feminine hygiene products is a tradition we all uphold.
Captain Pamela Flores is originally from Puerto Rico. After getting her law license, she practiced immigration law in San Diego. Currently, she is a Deputy District Attorney in Imperial County and a Judge Advocate General Corps’ officer in the rank of Captain assigned to the 79th Infantry Brigade Combat Team located in San Diego.
A s one of many female Judge Advocate General Officers, I am very happy to share my experiences as part of a very special and interesting law firm in the Army. Times are changing toward equality but some traditions will remain. Honor in service, selfless service, and patriotism will always be first in a soldier’s mind.
As I do not have children, I am not greatly affected by this. I do observe my colleagues that have children and they balance all aspects: motherhood, military, and civilian careers. I am very proud of every one of them. Have your experiences as a female JAG officer been different from your male peers? Yes. In an Infantry unit, the male/female lines blur more than in other units. During field exercises we sleep in the field in tents, cots, and next to each other. We are often too tired to mind that we are in mixed sleeping situations. During the riots in 2020 we were all in the Los Angeles Convention Center, sleeping on cots (thank you, Los Angeles Police Department) and using the convention center bathrooms. Everyone was on the same playing field. Training and workouts are still an obstacle for both sexes.
Codified in Health and Safety Code section 11362.1, the possession and use of marijuana carries restrictions, especially when operating a motor vehicle. Prior to the passage of Proposition 64, California courts generally maintained the position that “the odor of unburned marijuana or the observation of fresh marijuana may furnish probable cause to search a vehicle under the automobile exception to the warrant requirement.”1 Today, the intersection of marijuana and vehicles postProposition 64 has reached particularly vexing territory–not only for law enforcement, but also for courts left analyzing the legality of an officer’s search or seizure.
1. People v. Waxler (2014) 224 Cal.App.4th 712, 719; see also People v. Strasburg (2007) 148 Cal.App.4th 1052.
2. People v. Fews (2018) 27 Cal.App.5th 553.
8. Blakes v. Superior Ct. of Sacramento Cty. (2021) 72 Cal.App.5th 904.
CAN LAW ENFORCEMENT SEARCH YOUR VEHICLE AFTER SENSING MARIJUANA? by Chris Netniss
4. People v. Moore (2021) 64 Cal.App.5th 291, 298–99.
Chris Netniss (christopher.netniss@sdcda.org) is a Deputy District Attorney with the San Diego County District Attorney’s Office.
9. See People v. Lee (2019) 40 Cal.App.5th 853, 862.
One of the first post-Proposition 64 cases analyzing the dichotomy between Proposition 64 and vehicle searches was People v. Fews for the First District Court of Appeals, which upheld the search of a vehicle where an officer detected the odor of burnt marijuana and observed a halfburnt cigar that the driver admitted contained marijuana.2 Of significance, the Fews Court leaned on other First District opinions and found “no compelling reason to depart from Strasburg and Waxler after the passage of Proposition 64,” explaining that “Strasburg and Waxler still permit law enforcement officers to conduct a reasonable search to determine whether the subject of the investigation is adhering to the various statutory limitations on possession and use.”3 Since Fews, only one other case, People v. Moore from the Third District, has ruled in favor of an automobile search where an officer observed suspicious behavior in an area replete with crime, as well smelled a “strong smell of fresh marijuana” from inside the vehicle that the occupant provided an “implausible explanation for.”4
7. See generally People v. Lee (2019) 40 Cal.App.5th 853; People v. Johnson (2020) 50 Cal.App.5th 620; People v. McGee (2020) 53 Cal.App.5th 796; People v. Hall (2020) 57 Cal.App.5th 946.
10. Blakes v. Superior Ct. of Sacramento Cty. (2021) 72 Cal.App.5th 904, 911.
I n 2016, California voters passed Proposition 64, making it legal in certain circumstances for persons 21 and above to possess up to 28.5 grams of marijuana.
5. Cal. Health & Safety Code § 11362.1(c) (“Cannabis and cannabis products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.”)
SAN DIEGO LAWYER | 2022
3. Id. at 562.
6. See People v. Shumake (2019) 45 Cal.App.5th Supp. 1, *8.
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In all other cases, reviewing courts have rejected automobile searches based on the odor or presence of marijuana, relying heavily on subdivision (c) of Health and Safety Code section 11362.1, a legal backstop that precludes lawful conduct from serving as the basis for a detention, search, or arrest.5 For example, since marijuana odor “can linger for a week or more,” it now adds little to the probable cause calculus since odor, alone, is no longer necessarily suggestive of criminal activity.6 Neither is the mere presence of an unopened or otherwise sealed container of up to 28.5 grams of marijuana, alone, suggestive of criminal activity because it no longer is deemed contraband indicative of unlawful conduct.7 In the most recent line of cases distinguishing Fews, even the odor of burnt marijuana, which may suggest to an officer that marijuana was recently smoked, is insufficient by itself to support there being probable cause to search a vehicle.8
Specific to San Diego, in People v. Lee, the Fourth District Court of Appeals offered a subtle yet important reminder: the odor or possession of a “legal amount of marijuana does not foreclose” law enforcement’s ability to conduct an automobile search if “additional evidence” exists that would suggest the individual is not complying with Proposition 64.9 But what, exactly, is that additional evidence? Perhaps it is the location of the stop, the distinction between fresh and burnt marijuana, an improperly sealed container, furtive movements, or other evidence. Simply put, Proposition 64 has “changed whether possession of cannabis by itself could be the basis for probable cause to search a car”10 and, going forward, law enforcement and courts will continue to struggle reconciling Proposition 64 and automobile searches.
Footnotes
Renée N.G. Stackhouse (renee@stackhouseapc. com) is a plaintiff’s personal injury and military defense trial lawyer at Stackhouse, APC. She is also Immediate Past President of the SDCBA. “The decision touches a plethora of issues, including health and safety, interstate travel, criminal law, the economy, the infrastructure of adoption and the foster system, and the medical profession, to name a few.”
According to mental health professionals, women who are denied abortions report higher levels of anxiety, lower life satisfaction, and lower self-esteem compared with those who were able to obtain abortions. This does not include the additional mental health impacts that stem from the forced birth of a child resultant from rape or incest to the mother, who may be a child herself. These impacts directly correlate to a woman’s ability to secure education, work, and contribute to the economy. Infrastructure for supporting both the mother and child must be addressed post-Dobbs. More than 11.6 million children lived in poverty in 2020 according to the most recent U.S. Census Poverty Data. Half of those live in extreme poverty defined as a family of four living on an annual income of $13,086. These numbers are expected to increase. Since Roe, the percentage of children who have been placed for adoption has declined from about 9% (from never-married women under 45) to 1% in 2002, the last year for which data is available. The Dobbs decision is anticipated to lead to an increase in the number of children placed for adoption. Likewise, nearly 500,000 children are in foster care in the U.S. Children in foster care are four times more likely to be sexually abused than their peers , and children in group homes are 28 times more likely to be abused. Like the adoption infrastructure, the foster system has expressed concerns about its ability to handle the anticipated influx post-Dobbs. Both systems expect an increase in children with disabilities, who are statistically expected to face sexual assault and domestic violence within those systems, perpetuating the cycle.
SAN DIEGO LAWYER | July/August 2022 31
While subject matter experts are busy drafting and releasing studies anticipating the effects of Dobbs, the truth is we won’t know until we live it. In the meantime, we stare at the pond and hold our breath.
It is feared that women could become discouraged from seeking medical care. There is a current trend to delete health apps like period trackers, used by approximately one third of American women, so the data cannot be subpoenaed as evidence. It is anticipated that there will be a shift toward use of telehealth across state lines, increased usage of amazon.com to secure Plan B (recently Amazon had to limit quantity per order due to increased demand) or similar drugs, or even increased demand for alternative medicines where herbalists provide natural remedies to help with unwanted pregnancies. Employers, especially national employers, must seek extensive counsel on employee health and travel benefits to navigate each individual state law. Many are expected to take a stance on the decision , which could divide their workforce and consumers.
The medical profession has noted that treatment for an abortion and for a miscarriage are the same. There is concern that doctors may hesitate to perform dilation and curettage (D&C) procedures to treat miscarriages for fear someone will accuse them of performing a covert abortion. Ripple effect concerns of criminalizing abortion include inadvertently criminalizing in-vitro fertilization for unplanted fertilized eggs and certain forms of birth control like intrauterine devices (IUDs) that remove fertilized eggs from uterine walls, and limiting training, treatment, and availability of doctors in certain states.
This allowed the family and friends from all over the nation to log in and support their loved ones.
To further ensure the safety of all participants, the committee leveraged the valuable lessons learned from the 2021 competition. Instead of bringing the students, scorers, and judges to the courtrooms for pre-competition briefings, the committee held briefings online. Another valuable technique used during this competition comes from the IT Department of the Superior Court. Because family and friends were not able to attend live, IT employees livestreamed the competition's 16 courtrooms and shared the link online.
T he phrase “going back to normal” has arguably become the most popular phrase since the COVID-19 pandemic shocked the whole world.
Eric Alizade (eric.alizade@gmail.com) is a Deputy District Attorney in Imperial County. He was born and raised in Azerbaijan. He and his parents moved to the United States in 2010, and he has been a resident of San Diego County since 2010.
Hon. Laura J. Birkmeyer, Co-Chair of the Mock Trial committee since 2017 and Chair since 2021, was grateful for the efforts of all involved: “The San Diego legal community rose to the occasion.” It is important to recognize the students who were courageous enough to step into the courtrooms; their parents, who supported them; the coaches who took endless hours and practiced with their teams; the deputies, IT department, and additional Superior Court staff who stayed late to ensure that everything ran smoothly; and finally, the scorers and judges who dedicated themselves to support our future generation. It truly took a whole village to make this happen.
By Eric Alizade
SAN DIEGO LAWYER | July/August 2022 33
In the end, the students did not disappoint. They showed a level of professionalism that left everyone present wondering whether they were watching seasoned attorneys litigating a crime of the century. The future seems bright for this competition. “We will continue to work on expanding the size of the competition and on expanding the diversity to grow the number of the student participants,” said Birkmeyer.
The San Diego County High School Mock Trial Competition Unites Legal Community to Bring Back Courtroom Experience
COME TO ORDER, THE COURT IS NOW IN SESSION
Recently, some aspects of our lives have gone back to the way they were before COVID. One of those major areas is the in-person courtroom appearance. Back in 2021, the San Diego County High School Mock Trial Competition took place remotely. This year, community efforts to bring students back into the courtrooms and provide them with an in-person experience were successful. The numbers are impressive: 661 students from 30 high schools participated in the competition, 261 attorneys served as volunteer coaches and scorers, 57 judicial officials served as judges, and 65 trials were completed. 2022 marked the highest number of participating students in the history of the competition. San Diego County was the only large county in the state that held the 2022 competition in person. However, this achievement came with a lot of planning and anxiety. Given the fact that the pandemic was still happening, the committee for the San Diego High School Mock Trial Competition put an enormous effort into ensuring the health and safety of the students. The Committee surveyed teachers and coaches to decide whether the plan should move forward with in-person appearances. The overwhelming response was to stick to the plan. Leading up to the actual start of the competition, the committee very closely monitored the daily number of reported COVID-19 cases and patients to inform whether to continue with the in-person event. Fortunately, the levels were below the threshold of concern and it was degtermined that the in-person competition was safe to continue. Some hard decisions had to be made to protect everyone involved from the spread of COVID-19. One of them was to conduct the competition without the presence of the students’ family and friends. Another was to hold the awards ceremony remotely, because hundreds of people attend it every year. All of these decisions were made to ensure that this event did not turn into a superspreader. The efforts were successful, and no spread of the virus was reported.
Taylor Garrot, Staff Attorney for San Diego Superior Court, advised students, “The best way to get an internship with the Superior Court is to plan ahead when applying. The internship is designed for students in their second year who have taken their evidence Magistratecourse.”JudgeJill Burkhardt recommends: “As early in your law school career as you can, reach out to someone (or a few people) who is/are already clerking at the court (state or federal) at which you might someday like to clerk or extern. Let the clerk know you’d like to meet over coffee to discuss what it is like to work at the court. With this kind of networking, you may create a relationship with someone who can alert you to openings in the court.”
By Bhashini Weerasinghe
TIPS FROM THE INSIDERS: WORKING FOR THE COURTS
Judicial Law Clerk Jake Zindulka recommends that students “apply for externships throughout their time at law school, including for spots during the last semester. Fall and spring openings tend to be less competitive than summer.”
34 SAN DIEGO LAWYER | July/August 2022
W hether you are a law student, a recent graduate, or a licensed attorney, a wonderful way to gain invaluable experience and build your resume is to work with the courts through an internship, externship, law clerk position, and/or as a staff attorney. On May 24, 2022, the SDCBA-ACC Diversity Fellowship Program hosted an event1 focused on how to obtain these impressive opportunities at the courts. From that discussion, some of the key insightful tips that were shared included: apply whether you are at the top of the class or not; be prepared to discuss anything in your application materials, including your writing sample, and remember that your cover letter is the first impression you make on a prospective employer. It is widely expressed by externs, law clerks, and staff attorneys that it is the best job they ever had, where they constantly learned something new, Judge Dana Sabraw, Chief Judge of the Southern District of California, explains, “You’ll leave the process a much better lawyer, writer, and speaker.” Justice Judith McConnell, the Administrative Presiding Justice for the Fourth Appellate District, says, “people often leave highly paid jobs in private practice to enjoy the quality of life offered by work at the court: regular hours, optional working from home, interesting work, and a collegial work environment.”
Sabraw shares, "for law students who are interested in externing with the court, participating in organizations such as Just the Beginning (JTB)2 and minority/specialty student bar associations is a great way to get access to judges and their law clerks.” Sarah Weber, Senior Appellate Attorney at the Fourth Appellate District, says to look for programs like the Extern Program at the appellate court, which “runs a great internship program, typically three times a year. The program provides invaluable insight into appellate practice.”3
PROBATE PANEL Bhashini Weerasinghe (bw@bhshinilaw.com) is the owner of Law Office of Bhashini Weerasinghe, and Director of the SDCBA-ACC Diversity Fellowship Program.
3. https://www.courts.ca.gov/2519.htm#extern To schedule a case, please contact Kathy Purcell at 619-238-7282 or visit us online. westcoastresolution.com
For post-law school opportunities, Judge Sabraw explains, “Externing for a judge is a great way to get a clerkship because of the contacts made and exposure to the inner-workings of the Court.” As Zindulka stated, “During your externship, take any opportunity to connect with the judges and law clerks at the court. I recommend expressing your interest in clerking while there and keeping in contact with your former supervisors.”
Footnotes:
1. DFP’s Judicial Externship/Clerkship Information Session featuring Anne Kammer (Deputy Attorney General, California Department of Justice, and former judicial law clerk to U.S. District Court Judge Michael M. Anello), Taylor Garrot, and Brigid Campo (staff attorneys at the San Diego Superior Court), and moderated by Johanna Schiavoni (Appellate Attorney with California Appellate Law Group LLP, and a former law clerk and extern to three federal judges).
Making a good first impression is important. Judge Burkhart explains, “Make sure to follow the Court's instructions on how to submit their application materials (e.g., if the Court wants a single PDF, don't send your application in multiple parts).” As Anne Kammer, a former Judicial Law Clerk puts it, “Spend time writing a thoughtful cover letter that conveys a) why you want the position; b) that you are qualified and well-suited for the position; c) what you hope to gain from the experience; and — very important! — d) what you hope to contribute to the judge’s chambers in terms of providing assistance.”
Judge Olga Alvarez, San Diego Superior Court, recommends lawyers be thoughtful: “Remember to be kind and respectful and that the small talk prior to the beginning of the interview is often just as important as the interview itself. Send a thank-you note. Even if you don’t get the job, it will make a lasting impression for the next time around or for the next opportunity.”
2. https://jtb.org
Ralph Hughes, Esq. Gina Stein, Esq.Timothy Riley, Esq. Call us to mediate your trust, conservatorship, and probate cases.
Judge Yvonne Campos, San Diego Superior Court says: “Once you have the job, the key to a successful internship, clerkship, or job is to make yourself useful! The self-starters who want to learn and who can make themselves useful somehow have always been successful."
WorkingTowardsTogetherResolutionRichardHeller,Esq.MerrianneDean,Esq.
West Coast Resolution Group, a division of the National Conflict Resolution Center, has one purpose: to provide exceptional and affordable mediation services to the legal community.
THE START
Welsh liked a good show. After he retired from the Bench in 1983, he appeared for two seasons (1987-88) on a TV series called Superior Court, a dramatized court show that featured fictionalized re-enactments of actual court cases, with actors playing the role of the attorneys. Superior Court was produced by the same studio and production company that created The People’s Court But before his stint in Hollywood, Welsh passionately sought a way to better train the attorneys appearing in real court. He wrote about the need for trial skills training in the September/October 1974 edition of the California Bar Journal, citing with approval the British system of barristers (trial counsel) and solicitors (office lawyers), and the two-year apprentice training program at an English Inn of Court for those aspiring to become a barrister.
In 1974, Welsh had a big fix in mind, proposing an education for lawyers consisting of three years of college, two years of law school, and one year of clinical training. The training would be under the direction of the California Bar Association. But he knew this wouldn’t happen overnight, so for the interim, he suggested local “Inn of Courts,” like the one he was setting up in San Diego, with the Inn being “a place where the aspiring trial lawyer can learn by doing.”
And so, in October 1974, with $25,000 in grant money from the SDCBA and the Law Enforcement Assistance Administration, the San Diego Inn of Court (SDIOC) was born.
36 SAN DIEGO LAWYER | July/August 2022
In the U.S., on the other hand, “our Bar admittees are academically trained after six or seven years but they are not qualified to practice. Trial law is a performing art. Even the talented require guidance and supervision to help them develop their potential.” In a 1980 article in the Cal Bar View, he is quoted as saying that after 25 years as a trial attorney, he was “appalled to find the low level of advocacy” being practiced when he came to the Bench.
I n 1975, a newspaper subheading described the goal of the newly created San Diego Inn of Court to be “from stumblebum to smoothie.” The article quoted the key organizer of the Inn, Superior Court Judge Louis Maximilian Welsh (1921-1996), who had been appointed to the bench in 1971 and was appalled by legal bunglers appearing before his court. [Supreme Court Chief Justice Warren Burger had the same concerns; more on him in a future column on the American Inns of Court. Incidentally, Welsh was a classmate at Northwestern School of Law with John Paul Stevens (1920-2019), associate justice of the U.S. Supreme Court 1975-2010).]
By George W. Brewster Jr.
Assisting Welsh in setting up this first local Inn were William Bailey (SDIOC President 1978 and SDCBA President 1980), Richard D. Huffman (SDIOC President 1979 – 1980, later Associate Justice of the Fourth Distict Court of Appeal), Gerald McMahon, and Kevin Midlam (SDCBA President 1978, later San Diego Superior Court Judge). These five founding members oversaw the Inn’s incorporation in 1978, with the “specific and primary purpose” to educate attorneys on the subject of trial advocacy. And that has remained the core of the Inn ever since. The faculty for the first program consisted of 26 trial lawyers, four judges and one physician; the faculty conducted panel discussions and demonstrations, and presided over Saturday workshops for 100 students. Each workshop leader was a specialist in either criminal or civil trial work. Ed Chapin, who celebrates 50 years in practice this year, was a two-year attorney when he attended the first SDIOC in 1974. “It was an impactful experience for me; Lou Welsh was an interesting guy,” said Chapin, adding that Welsh had a good sense of humor and as a judge “really loved advocacy and trials." He has since participated in teaching as part of the SDIOC over the years, including a program on crossexaminations with Dan Broderick (SDIOC President 1989; SDCBA President 1987). OF IT ALL: SAN DIEGO INN OF COURT
William Kammer recalls attending a Hastings College of Advocacy multiday trial training course with other Gray Cary Ames & Frye associates in the summer of 1974, which was “taught by some very experienced trial lawyers … Judge Louis Welsh was an interested observer of the various sessions, taking copious notes. From there he returned to San Diego to instigate the founding of the SD Inn along similar lines.”
“The [SDIOC] instruction orients young lawyers and is a good introductory program,” said Chapin. “I learned a more disciplined approach to trial practice from my initial experience with the Inn.”
Superior Court Judge Robert Trentacosta, a long-time faculty member of the SDIOC and Past President (1997), became involved with the Inn in the early 1980s. “Lou’s Inn would teach advocacy skills and trial techniques and have seasoned attorneys’ critique and guide the participants. The formula has remained pretty much the same over the years, although judges were added to the courtroom to also give critiques in the '80s,” he said. Local attorney Deborah Wolfe recalls appearing before Judge Welsh and thought “he was absolutely wonderful. Meticulously ethical, extremely knowledgeable on the law, and never condescending, despite his obvious superiority over the ‘average bear.’ One of the few older denizens of the Bar who treated me with dignity and respect, and without a hint of sexism, when I was a baby lawyer. I always appreciated that.”
George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel.
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Huffman, one of the original founders, was president of the Inn when he was a Chief Deputy District Attorney. In the 1980 Cal Bar View he said that the San Diego Bench praised the program, noticing improvement in the advocacy skills of the attorneys appearing before them. During his time as President, the Inn provided scholarships to the program for attorneys who defended the indigent. In 1991-92, 1990 SDCBA President Virginia Nelson was the first female President of the SDIOC. The current President is attorney John Gomez, who oversaw the Inn during the pandemic. “We are a program-based rather than a member-based Inn. That is, we have no real ‘members.’ Rather, we offer lecture and instruction in Evidence and Trial in two programs per year. San Diego lawyers sign up for the programs and we provide the education. We provide not only lectures, but also hands-on instruction in which students actually get up on their feet and do the work,” said Gomez. “With that in mind, the pandemic was particularly challenging for us because we were unable to provide the programs that define us." The Inn returned to live programs in May 2022, and a trial program is expected to return this Fall. For more information on the San Diego Inn of Court, see https:// sdinnofcourt.com or contact info@sdinnofcourt.com.
What initially inspired you to practice law?
What fills your time outside of work?
The SDCBA launched a wonderful inaugural leadership academy to help develop skills like this. Be sure to also pause, be present, and put the phone away. Slowing down and summarizing saves time from being lost due to costly, burdensome, or ill-informed decisions.
What would you most like to be known for? Integrity, empathy, and results — standing up for core values, balancing the scales, and accessing legal rights and redress for those who have been wronged.
What is your proudest career moment? My proudest career moments have involved empowering those whose voices were silenced or not being heard and helping them access their legal rights. I have also been in the room for many great, full circle moments, such as watching a co-counsel win an eightfigure verdict at trial, or, years after studying to take the LSATS in Ghana, sitting in first-row seats with my U.S. Peace Corps postmate and nonprofit directors for a dialogue between U.S. Supreme Court Justice Ruth Bader Ginsburg and California Supreme Court Justice Goodwin Liu in Washington, D.C.
While organizing community service programs, I learned how many who have been injured or harmed often do not know where to begin or how to access their rights. Inevitably, I have continued my family’s legacy of 50 years of experience in the legal field.
What is your favorite movie, book, or TV show? Why? A Long Walk to Freedom, Nelson Mandela’s autobiography. In grade school, I loved reading biographies and hearing how individuals achieved momentous triumphs — moving mountains with faith and resilience, one step at a time.
EMILY HOWE Law Offices of Emily E. Howe Areas of practice: General Practice — Estates.Death/Injuries/TrustsWrongful&
SDCBA MEMBER PROFILE SAN DIEGO LAWYER | July/August 2022 41
I have heard and endeavored to adhere to different witticisms such as, “The way to do great work is to love what you do. Do what you love and you never have to work a day in your life.” My life and career have focused on community service and advocacy for underrepresented populations, including civil rights, workplace fairness, anti-trafficking measures, nonprofits and policy solutions that further access to justice. “If I weren’t an attorney, I’d be ...” International Affairs/Diplomat. I received A+'s for coursework at the Middlebury Institute for International Studies and planned to move abroad. While working on Disarmament, Demobilization & Reintegration at the Naval Postgraduate School, I met a former United Nations ambassador who encouraged me to accept a law school scholarship to gain law-related analytical skills. The Joan B. Kroc Institute for Peace & Justice Distinguished Lecture Series helped pay for my studies while supporting UN diplomats' visits to San Diego.
Changemakers often have a law degree. As a youth, I loved successes in building bridges and abhorred all the “-isms” (e.g., sexism, racism, anti-semitism, genderism). In San Diego, I became especially inspired by serviceoriented attorneys who lead with empathy and courage.
What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Active listening and observation. My default is taking in lots of information and details — perhaps that results in active listening of nonverbals and seeing areas of consensus or omissions, i.e., hearing what speakers are not saying or critical facts that may be missed. Sometimes, fast-paced environments operate from a place of conclusions or steamrolling under the guise of “action”; yet it can be more time-, cost-, and resultseffective to identify the underlying causes, barriers, or details that may be pivotal in a case. This has allowed me to advocate zealously for my clients, diagnose the correct concern, and identify possible options or landmines in achieving resolution.
emotional clients can be tricky, but there are a few simple tactics an attorney can implement that will help the client feel at ease and save the attorney time. Prepare the Client with a Road Map for the Long Haul Setting expectations up front can help a client quiet their internal alarm bells. Many clients have never worked with an attorney before, and may be nervous about the process. Let the client know when and how they can reach you. Explain the general timeline of litigation and procedure for discovery. But, most importantly, let them know that you are fighting for them — even though resolution will take a while. Emotional clients often worry they will be forgotten, but the more you reassure your client that they are important, the more they will feel calm and trust you throughout the long haul. Keep in Touch No client is ever bothered by their attorney giving them an update — even if the update is that there is no update. Emotional clients tend to be highly invested in their case, so the more you can let them know what’s going on, the fewer panicked 3 a.m. emails and phone calls you’ll likely receive. It’s also good practice to let a client see a copy of every document you file with the court or send to opposing counsel. Seeing your work often provides additional relief. Suggest Connecting With the Other Kind of Counselor Sometimes, no amount of reassurance is enough for a client who has suffered trauma. Anxious clients often require help from a trained mental health professional. If your client is hesitant, let them know that mental health treatment is common for litigants. If your client has health insurance, there is typically a behavioral/mental health phone number on the back of their insurance card they can call to connect with an in-network therapist. If your client does not have insurance, there are online companies that offer low-cost telehealth therapy options.
42 SAN DIEGO LAWYER | July/August 2022
AMBER BEVACQUA-LYNOTT (503) alynott@buchalter.com226-8644
By Stephanie Sandler
There are only two kinds of professionals known as “counselors”: therapists and lawyers. In both professions, our clients come to us when they are at the height of emotional turmoil. Unlike therapists, attorneys often treat clients' complicated or delicate emotions as an afterthought. But, a client’s emotions can be the single most important factor when litigating a case — they can either be the driving force or a case’s Navigatingundoing.caseswith
The Professional Responsibility Practice Group focuses on ethics, litigation and regulatory issues that impact lawyers and law firms, in addition to public entities, inhouse departments, as well as judges and law students. Amber and David can help lawyers and law firms navigate the ethics rules and develop strategies to avoid and manage sticky situations. And they defend lawyers when they need it most.
AMBER BEVACQUA-LYNOTT JOINS DAVID ELKANICH AS A MEMBER OF BUCHALTER’S PROFESSIONAL RESPONSIBILITY GROUP DAVID ELKANICH (503) delkanich@buchalter.com226-8646
CMC: Client Management Conference — Emotional Clients
WHAT TO DO WHEN … YOUR CLIENTS BECOME EMOTIONAL
Stephanie Sandler sandleremploymentlaw.com)(stephanie@isthe principal attorney at Sandler Law, a boutique, single plaintiff employment law firm.
SAN DIEGO LAWYER | July/August 2022 43
Exactly what my title says, programs and events. I spend most of my time coordinating online Zoom programs with Section and Committee leadership, and currently we are slowly evolving into hybrid programs. Helping Sections with their live networking events is a fun part of my position. The more sponsorship support the Section can achieve, the more creative and value-added components we can deliver. I also assist the Program and Events team in various ways with the SDCBA’s signature events. How long have you been working at the Bar? I’ve been with the SDCBA since October 25 — just about eight months now, and I’m no longer the new kid on the block. What is your favorite part of your job? I enjoy meeting and working with the members to help them achieve their programming goals. I have also fallen in love with, and am in awe of, the talent, devotion, friendliness, and diversity of the staff. I believe we care for each other very much. It’s a culture that you don’t find easily when you’re seeking employment and I feel very fortunate to be a part of this team.
What is your favorite movie and why? Hands down, Moonstruck ! I’ve probably seen this movie 20 times; I own it on VHS and DVD. It speaks to my heart as a New Yorker who was born into a spirited and big Italian family. We’re a bunch of characters, from the old grandparents to the many aunts and uncles and on down the line. It captures the old traditions and the ways we all try to honor them. The movie undoubtedly portrays exactly the right amount of craziness and angst that comes with being a part of such a close-knit clan. What's your favorite quote? One that I heard recently, and it sums up a life well-lived perfectly: “You have 18 summers with your children. Make the most of them because they’re the memories your children will look back on later.”
What do you love about San Diego? The weather! I’ve lived in New York, Phoenix, NorCal, and SoCal, and San Diego weather is what keeps me here.
The following individuals in our community were recently honored for their achievements. If you achieve a professional success, feel welcome to submit it to bar@sdcba.org for inclusion in an upcoming issue of San Diego Lawyer
What are your main responsibilities at the Bar?
NANCY MILAZZO PROGRAM & EVENT SPECIALIST
SDCBA members Charles E. Bell Jr., Adelaida Lopez, Peter A. Lynch, and Christopher S. Morris (pictured respectively) have been appointed by Gov. Gavin Newsom to fill vacancies on the San Diego Superior Court bench.
Distinctions
PHOTO GALLERY BAR-B-Q Bash on the Bay This year's Summer Social was a casual summer gathering at Waterfront Park. Thank you to Premier Sponsors Antonyan Miranda, LawPay, and Mercer, and Producing Sponsors CalPrivate Bank, Casetext, Klinedinst PC, LRIS, Morgan Run, and Torrey Pines Bank. Above and below: SDCBA members enjoying the photo booth Lawn games and good company L to R: Claudia Salinas and Sydnie Mitchell Tasty BBQ on the lawn of the beautiful Waterfront Park A relaxed summer gathering SAN DIEGO LAWYER | July/August 2022 45
The San Diego County Bar Association wants to thank all of the San Diego law firms, public agencies, and nonprofit legal organizations that have provided SDCBA membership to 100% of their attorneys in 2022. Your commitment to the San Diego legal community is greatly appreciated. THANK YOU 100% CLUB 2022 Allen Matkins Leck Gamble Mallory & Natsis LLP Ames Karanjia LLP Antonyan Miranda, LLP Appellate Defenders, Inc. Astuno Sabel Law PC Atkinson, Andelson, Loya, Ruud & Romo Balestreri Potocki & Holmes ALC Beamer, Lauth, Steinley & Bond, LLP Bender Kurlander Hernandez & Campbell, APC Best Best & Krieger LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bobbitt, Pinckard& Fields, APC Bonnie R. Moss & Associates Brierton Jones & Jones, LLP Buchanan Ingersoll & Rooney PC Burke, Williams & Sorensen, LLP Burton Kelley, LLP Butterfield Schechter LLP California Western School of Law Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Christensen & Spath LLP Cohelan Khoury & Singer Dean Gazzo Roistacher LLP Devaney Pate Morris & Cameron, LLP Dietz, Gilmor & Chazen, APC District Attorney’s Office of San Diego Donald R. Holben & Associates, APC Duckor Metzger & Wynne ALC Dunn DeSantis Walt & Kendrick, LLP Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Fitzgerald Knaier LLP Fleischer & Ravreby Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Green Bryant & French, LLP Greene & Roberts LLP Grimm, Vranjes Greer Stephan & Bridgman LLP Hahn Loeser & Parks, LLP Henderson, Caverly, Pum & Trytten LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton Oberrecht & Kirkpatrick, APC Hughes & Pizzuto, APC Hurwitz Holt, APLC Jackson Lewis PC Johnson Fistel LLP Judkins, Glatt & Rich LLP JWB Family Law Kennedy & Souza, APC Klinedinst PC Koeller, Nebeker, Carlson & Haluck, LLP Konoske Akiyama | Brust LLP Kriger Law Firm Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP McCloskey Waring Waisman & Drury LLP McDougal, Love, Eckis, Boehmer, Foley, Lyon & Mitchell Miller, Monson, Peshel, Polacek & Hoshaw Mintz MoginRubinLevin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McCabe & Hudson APLC Niddrie | Addams | Fuller | Singh LLP Noonan Lance Boyer & Banach LLP Office of the Public Defender Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia Lutz & Dolin PC Pillsbury Winthrop Shaw Pittman LLP Preovolos Lewin, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC Rowe | Mullen LLP San Diego County Counsel San Diego Unified Port District Schulz Brick & Rogaski Schwartz Semerdjian Cauley & Evans LLP Seltzer|Caplan|McMahon|Vitek ALC Sheppard, Mullin, Richter & Hampton LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Stettler, APC Smith, Steiner, Vanderpool, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stokes Wagner, ALC Sullivan Hill Rez & Engel APLC Thorsnes Bartolotta McGuire LLP Tresp, Day & Associates, Inc. Walsh McKean Furcolo LLP Webb Law Group, APC Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes ALC Wingert Grebing Brubaker & Juskie LLP Wirtz Law APC Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo 100% Club member list as of August 2022 46 SAN DIEGO LAWYER | July/August 2022
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