San Diego Lawyer November/December 2017 by San Diego County Bar Association

NOV/DEC 2017

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CONTENTS

Page

Features

Columns

Marketing & Building Your Practice

Finding Yourself on the Internet 5 steps to build a professional online brand. By Jeremy Evans

More on Marketing Articles around the web.

State of the Courts Local courts give us an update. By Bob Derocher

Avoid the Family Affair What to do when friends or family ask you for legal help. By David Carr

All of Our Accomplishments Thank you for making this year another one to be proud of. By Loren Freestone

San Diego County Bar Foundation Immigrants and refugees seek safety in San Diego.

A Journalist Is Calling Don't panic, don't overreact. By Edward McIntyre

Tips 'Tis the season for planning for success. By Henry Angelino

Leveraging LinkedIn How to make the most of your LinkedIn profile. By Joshua Bonnici

Why I Belong Get to know SDCBA member Aarti Kewalramani.

All RISE How a new collaborative court helps sex trafficking victims rise above and go beyond. By Renée Galente

Deans The Supreme Court's ruling on the bar examination pass score. By Stephen Ferruolo

Technology Websites 101. By Bill Kammer

Follow San Diego Lawyer! sandiegolawyermagazine @SDLmagazine

In Memoriam: Hon. Charles Froehlich Jr. By George Brewster Jr.

Ethics When two, think conflict. By Edward McIntyre

Distinctions

Photo Gallery

Issue no. 6. 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 ($10) 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 © 2017 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer are those of the author only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Board.

November/December 2017 SAN DIEGO LAWYER 5

WHY I BELONG THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION

Aarti Kewalramani Gatzke Dillon & Ballance LLP

Education: University of California San Diego, B.A. History, B.S. Microbiology (2002); University of San Diego School of Law, J.D. (2006).

Co-Editors Edward McIntyre Christine Pangan

Editorial Board Elizabeth Blust Josh Bonnici George Brewster Jr. Jeremy Evans Mike Finstad Victoria Fuller Renée Galente

Todd Haas Julie Houth David Seto Whitney Skala Christopher Todd Mike Wakshull Teresa Warren

SAN DIEGO COUNTY BAR ASSOCIATION

Executive Director & Chief Executive Officer Ellen Miller-Sharp

Director of Outreach Strategy & Chief Communications Officer Karen Korr

Graphic Designer/Webmaster Attiba Royster

Publications Editor Jenna Little

Marketing Coordinator Sasha Feredoni

Follow San Diego Lawyer!

Areas of practice: Environmental and land use; elections law; contracts; and general civil litigation. Proudest career moment: I primarily focus on legal research, analysis, and writing, but my proudest career moment was when I argued before the Court of Appeal (Fourth District, Division One) shortly after returning from maternity leave. I was so nervous and worried I forgot how to be a lawyer, but the argument went effortlessly. I was even prouder when we won (unpublished opinion). Family: My husband (Sunil), our 5-year-old son (Dhruv), and our 9-year-old English Bulldog (Layla). I’m lucky enough to have my parents (Kishin and Indra Sujan) close by to provide much-needed help and loving support. Birthplace: New York City, New York. Current area of residence: Torrey Highlands. If I weren’t an attorney, I’d be rescuing and fostering English Bulldogs. The best thing about being an attorney is providing solutions. Every question or issue presents a new challenge or puzzle, and I love that, as attorneys, we solve problems and find answers. Last vacation: Maui, Hawaii. Favorite web site: Twitter. I can remain current with local, state and national news in real-time. Hobbies: Baking, building Legos, and running; all of which are great stress relievers and fun ways to spend time with my son. My son and I find new recipes all the time to bake together, even though the results are not always tasty. I grew up playing with Legos, and it has been so cool seeing him use his imagination to build things. He has running club at school every Wednesday, so to keep him motivated, the whole family runs together on the weekends.

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Favorite book: The Awakening by Kate Chopin.

@SDLmagazine

Best concert you’ve ever been to: Sting at Coors Amphitheatre when I was in college. We did not have seats; we stood on the grass, and we danced the entire time. Favorite food: Thai food (from a tiny restaurant in Poway).

401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 bar@sdcba.org Fax (619) 338-0042 www.sdcba.org 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. The opinions expressed by the authors and editors in San Diego Lawyer™ magazine do not necessarily reflect an official position of the San Diego County Bar Association.

FOR ADVERTISING INFORMATION, CONTACT LAURA TARABINI AT (760) 415-7030 OR LTARABINI@YAHOO.COM, OR VISIT WWW.SDCBA.ORG/ADVERTISING.

Most fun/memorable SDCBA moment: The SDCBA always hosts great networking and MCLE events, but the most memorable event was my first SDCBA law student reception. I went in intimidated, and I came out of the experience with the realization that San Diego attorneys are down-to-earth and extremely collegial. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Flexibility. While I start my day with a to-do list, I’ve learned that issues arise unexpectedly. I try to work through my day efficiently and judiciously, leaving enough room for those urgent matters that arise. Often, a lack of adaptability causes tensions to rise and mistakes to be made. What would you most like to be known for? I want to be known for my authenticity and an ability to work well with others. I strive to be myself, and I want to be remembered as a straightforward, no-nonsense team player. What makes San Diego’s bar so special/unique? Diversity. San Diego is comprised of attorneys from different backgrounds, with varying experience levels. Our diversity makes practicing law in San Diego enjoyable, collegial and respectful.

November/December 2017 SAN DIEGO LAWYER 7

What a privilege to serve. To all of you: Thank you for all that you’ve done this year — for sharing information, mentoring, serving the community, and working diligently to ensure our profession continues to prosper. Most importantly, thank you for the relationships and laughs. To my family and friends, the SDCBA internal team, the SDCBA Board, and most notably, to my firm, the oldest and longest member of the SDCBA, Higgs Fletcher & Mack LLP, thanks for supporting me in this opportunity and for believing in the value of the SDCBA. To each and every one of you — I wish you and yours a happy holiday season and all the best in the New Year.

Loren Freestone, 2017 SDCBA President

8 SAN DIEGO LAWYER November/December 2017

November/December 2017 SAN DIEGO LAWYER 9

BY STEPHEN FERRUOLO

DEANS

Supreme Court Fails Bar Exam The Supreme Court's recent ruling on the bar examination pass score n October 18, the Supreme Court issued a ruling keeping the current bar examination pass score of 1440 with an explanation that was, at best, perfunctory. Essentially, the Court said that while there was no basis for setting the current score (“the second highest in the nation”) in 1987, there was also no basis for changing it. The Court dismissed the information and data included in the State Bar’s Standard Setting Study and Final Report, as well as all the amicus letters, finding that they did not “weigh in favor of departing from the longstanding pass score of 1440.” While noting the serious flaws of the Standard Setting Study, the Court “encourage[d]” the State Bar to conduct more studies that “might bear on possible adjustment to the cut score.” The Court was no less forthcoming about when it might “revisit” the cut score “in the next review cycle, or sooner if the court so directs.” As commentators have noted, that review cycle would be seven years from now and could mean no change until 2024 at the earliest!

Many observers in and outside of the State of California were surprised by the ruling and mystified by the Court’s reasoning (or lack thereof ). During the State Bar hearings, there was broad-based support for adjusting the pass score, at least on an interim basis, to somewhere between 1350 (the national mean) and 1390, including from, among others, the deans of 20 of the 21 ABA-accredited law schools in California, the Chairman of the Assembly Judiciary Committee, and the editorial board of the Los Angeles Times. Moreover, the Final Report of the State Bar, approved by the Bar’s Board of Trustees, included recommendations of adjusting the pass score on an interim basis to either 1410 or 1390 as an alternative to retaining 1440. Having asserted its authority to adjust the pass score in the new court rules announced in August, why

Stephen Ferruolo

would the Court not choose to exercise that authority to address this important policy issue in October? The Court’s letter makes no more than a passing reference to the important policy issues of “reduc[ing] financial hardships for exam takers, and boost[ing] the availability of competent and effective attorneys across all demographics and for all Californians.” Remarkably, the letter completely ignores compelling data in the Final Report of the impact that reducing the cut score to the national median would have on the diversity of the profession and access to justice. That data showed that, for the July 2016 exam alone, reducing the cut score to 1350 would have increased the number of African-American bar passers from 104 to 222 (113 percent), Hispanic passers from 379 to 663 (75 percent) and Asian passers from 676 to 1066 (58 percent). As the Los Angeles Times opinion succinctly stated about the impact of the change: “the ranks of lawyers in this state would have been a bit more representative of the population that enters and graduates from law school, and the population of clients who need legal counsel.” What could or should be of more concern to a Court responsible for ensuring justice for all Californians? In the letter signed by the 20 ABAaccredited law school deans, the question before the Court was posed in the following way: “It perhaps seems natural to take the current cut score as a baseline, or even

as the ‘right’ number simply because it is longstanding, and therefore seek to justify departures from it. We strongly disagree, as we have observed, that adherence to an unjustifiably high cut score should be the starting point of analysis. Instead, we ask the Court to imagine how this public policy issue would look if California’s cut score were already in the range of the national averages … We respectfully suggest that if our current cut score were in the 1350-1390 range, it is nearly impossible to imagine efforts to support an increase based on what we currently know, given that: (a) there would be no empirical evidence that a cut-score increase would improve the actual competence of California lawyers, (b) data suggest that there is no correlation between the cut score and the frequency of attorney discipline, and (c) compelling evidence indicates that the cut-score increase would adversely affect the diversity of the legal profession. We respectfully suggest that if we currently had a lower cut score, it is almost inconceivable that the Bar would propose or the Court would choose to set a cut score so far outside the practice of most States in the absence of strong evidence of meaningful and significant benefits. If, as we suggest, this evidentiary basis would not support an increase to an outlier cut core, we ask, finally, how does it support continuing to be an outlier in the face of these clear costs?” All Californians, not just deans and law students, deserve answers to these questions. A policy that has such a disparate impact on minorities in our state should not be retained when there is no justification other than its having been in place for 30 years. Stephen Ferruolo (sferruolo@sandiego.edu) is dean of the University of San Diego School of Law.

Opinions expressed in this article are those of the author only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Board. November/December 2017 SAN DIEGO LAWYER 11

BY BILL KAMMER TECHNOLOGY

Websites 101 D

o you have a website? Should you have a website? Do you care? Should you?

I thought I would try addressing questions I have received about websites for lawyers. We are constantly contacted by various vendors, consultants and online merchants, and encouraged to establish and maintain websites to promote our professional services. Those already with websites are similarly approached to purchase upgrades and update their pages to attract more visitors. Answering these questions and addressing all of these issues would fill more than the space allotted for this column. Let’s start with some considerations for lawyers who don’t yet have a website. Many online resources cover the basics of establishing an online presence; just Google “how to start a website.” The elements of that advice vary little. Start by choosing your own domain name and then choose where to host your site. An example might be benjaminfranklinlaw.com, which could uniquely identify you. The cost of hosting a website with its own name is only a few dollars a month and is a far better alternative than a site named yourfirm.wix. com. For some practical advice on websites, look at the services at www.lawyerist.com. It’s not the only advice out there, but it has many followers. Who should design your website? Years ago, you had to code in HyperText Markup Language (HTML) to design a website. Those days have passed, and there are various user-friendly alternatives to achieve your design, using drop-down menus or templates provided by the building site. You could do it yourself, retain a consultant or even use the canned website templates provided by a variety of professional associations such as AAEPA. Again good sources of advice include www.lawyerist.com, Robert Ambrogi’s website www.lawsitesblog.com and the extremely popular wordpress.com — its software powers about 25 percent of the internet.

After establishing a website, the next challenge is providing information of value to prospective clients and referral sources. Obvious components would include contact information, the breadth of your practice and your experience. No matter the design quality, a website with only that information is unlikely to interest many prospective clients. Content can be king, and to the extent you populate your website with information, references and timely updates, it becomes a more likely destination for those using search engines to review alternatives.

“If you decide to provide content to your visitors, you should continually update that information and augment it with new content as the law and literature evolves.” But if you decide to provide content to your visitors, you should continually update that information and augment it with new content as the law and literature evolves. We have all seen legal websites with outdated information, a lack of updates and even copyright marks from several years ago. Assuming you’ve made a commitment to publish content that will distinguish your site from your competitors, try to optimize it to improve your standing in search engine results. Here you may not want to go it alone because we are venturing into the world of search engine optimization (SEO). If you already have a website, you may be regularly receiving solicitations from those who would offer to make your site one of the most attractive and popular. There are several guides to doing that yourself (e.g., 37 ways, www.practicalecommerce.com/checklist),

but with a little due diligence, you may locate firms that offer SEO services. Other than successful reports from your peers who experienced success from revisions, we will always have difficulty judging the quality of the advice being offered by vendors. Assuming you purchase that advice, there is a reasonably simple way to judge its success — for instance, using Google Analytics (analytics.google.com). You need only register and obtain a tracking code from Google. Paste that code into your webpages and then you can review data about the people who visit your site. That data includes substantial information about the number of visitors, the way they arrived at your site and the domain from which they came (e.g., .edu, .mil or .com). Establishing a website and maintaining it will always be a work in progress. To a certain extent, the jury is still out on whether maintenance of a website by solo practitioners and small- to medium-sized firms is productive of new clients and of enhanced relationships with old clients. We probably will never know the answers to those questions, but as the internet evolves, more potential clients will arrive at your office by way of a visit to your website. Already some reports suggest that more than half of individuals and companies begin their search for attorneys by using their browsers to focus searches on particular localities and practice areas. We can’t afford to neglect the possibility that our next great client will arrive in that fashion. Consequently, it’s best to seriously consider creating and regularly maintaining a website.

Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.

November/December 2017 SAN DIEGO LAWYER 13

BY EDWARD McINT YRE

ETHICS

When Two, Think Conflict! Representing clients with adverse interests may put you in an ethical bind

acbeth sat quietly eating lunch. Gordon Leau pulled out the opposite chair, plopped down and started.

From community to separate. Or separate to community. Or from separate property of one spouse to separate property of the other. Why?”

“Macbeth, got a question —”

“Need a good agreement —”

“Gordon, by all means, sit down.’’ Macbeth continued with his sandwich.

Macbeth intervened. “Gordon represented a husband and a wife? Is that correct? Prepared their estate plan? Now the wife wants a transmutation agreement?”

“See, I represent this couple. Doing estate planning and family stuff now. Did their estate plan. Awhile ago. Now the wife wants a transmutation agreement. Got a good form I could use?” Sara came to the table and saw the occupied chair. Macbeth shrugged. “Sorry Sara. You’ll have to borrow a chair from another table. Gordon had a question about a transmutation agreement.”

“You got it. Still represent both.” “Before we talk about form agreements, let’s discuss a couple of critical issues.” “Like what?” “When you did their estate plan, did you get the informed written consent of each to at least the potential conflict of interest?”

disposed of their property? Possibly in different ways?” “Yes, but —” “Seeming agreement notwithstanding, their interests at least potentially conflicted?” “So?” “A potential conflict. Each had to give informed written consent. Before you could represent them jointly.” “What’s the downside?” “Worst case? State Bar discipline. Breach of fiduciary duty claim. Even fee disgorgement.” “Ouch!” “This new engagement? The transmutation agreement?”

After Sara put her tray on the table, Leau asked, “Know what a transmutation agreement is?”

Sara shook her head. “The conflict Rules cut across all practice areas — business transactions, estate planning among them.”

“Yeah. They’re coming in next week. That’s why I need a good form.”

“Yes. An interspousal agreement that changes the character of marital property.

“Yeah, but they seemed to agree —”

CARTOON BY GEORGE BREWSTER JR.

“Conflict? What conflict? This ain’t litigation.”

Macbeth spoke. “I assume their estate plans

“You’re preparing the agreement for each to sign?” “Of course. I’m their lawyer. Good paying clients. Any issue?” “As Sara said, a transmutation agreement changes the character of marital property ...” “Yeah, I know —” “So hypothetically, community property, where each has a 50 percent interest and the right to manage and control, could become the separate property of just one — beyond the reach of the other.” Sara added: “Or the separate property of one goes into the community, with the other now a 50 percent owner. Hypothetically. We don’t want to know the details of your clients’ plan.” Macbeth spoke. “No. Please, let’s keep this theoretical. You’re representing both of them in preparing this agreement?”

November/December 2017 SAN DIEGO LAWYER 15

E ETHICS

SDCBA Sustaining Members

“Of course.” “But aren’t the interests of one necessarily adverse to the interests of the other? No matter which way the property interests flow as a result of the agreement?” “You think so?”

The San Diego County Bar Association gratefully acknowledges its Sustaining Members for their outstanding commitment and generous support in 2017. PATRON MEMBERS Marc D. Adelman Jose S. Castillo

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“Well, yeah …” “Then, how can you advise the husband — let’s say — that it’s good for him to have his separate property become part of the community? And, at the same time, represent the wife and get what’s good for her? Your advice to him is necessarily colored by your representation of her. And vice versa.” Sara added, “It’s an actual conflict.” Macbeth picked up the theme. “You can’t represent them without their informed written consent.” “OK, I get it.” “But some conflicts can’t be waived. I think — especially because of your earlier joint representation preparing the estate plans without written waivers — this conflict is unwaivable.” Leau flushed. “So what do I do?” “As a matter of risk mitigation, consider asking them — after the fact — for their informed written consent to your preparation of their estate plans. With full disclosure of the facts and likely consequences, of course. Then tell them for the transmutation agreement, their interests are best served by separate lawyers.” “But what’ll they think of me?”

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Sara nodded. Macbeth spoke. “I do. Each client is entitled to your undivided loyalty, correct?

“I hope they’ll see you as a lawyer who put professional integrity and their interests ahead of doing another piece of work for them.” Sara added, “Even good, paying clients.” Editor’s Note: Macbeth and Sara were referring to Rule of Professional Conduct 3-310, and in particular Rule 3-310 (C)(1) — potential conflicts — and (2) — actual conflicts of interest. See also Flatt v. Superior Court (1994) 9 Cal.4th 275, 282.

Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and coeditor of San Diego Lawyer. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA or its Legal Ethics Committee.

BY HENRY ANGELINO

TIPS

‘Tis the Season for Planning for Success Tips for your firm’s New Year’s resolutions he holiday season is in full swing as we prepare for the end of the year and plan for next year. We are attempting to balance our case load with family vacations, the final push for collections with ensuring our employees are rewarded for their dedication, and thinking about how to make 2018 even more successful than 2017. New Year’s resolutions are usually made in January, so here is a brief list of tips to help you get started.

Strategic Plan Review Do you have a strategic or business plan and when was the last time you reviewed it? Unfortunately, there are numerous competing priorities for your time and handling the immediate needs of a client and/or matter take precedence. However, making the time for a “firm retreat” to create or review a plan can provide clarity and keep you focused in the coming year. Stephen Covey, author of The Seven Habits of Highly Effective People, states that you should “start with the end in mind.” As part of the strategic planning process, setting annual goals can assist in achieving your long-term goals (three, five and 10 years).

Business Development Plan Review This is another tool to keep you personally focused on efforts to generate new clients or additional work from existing clients. Many attorneys will create a business development plan and put it away, never to look at it again. Now is the time to

review and update your plan examining your networking progress, marketing efforts, community involvement and client development strategies. Did you join your practice section at the San Diego County Bar Association, alumni groups, professional organizations or civic boards, or volunteer with charities to enhance your professional expertise, expand your network and contribute to the community? What are you doing to strengthen your relationship with your clients? Is your plan reflected in your budget?

Risk Management Assessment Risk and risk management are familiar terms for attorneys since they deal with them in every litigation case and transaction. Do you apply the same approach to your practice? Do you have policies and procedures in place to minimize the risk of having to disengage from a matter due to a failed clientattorney relationship, having a client file a suit or complaint against you, or the more common occurrence of performing “unintentional” pro bono work for a nonpaying client? Risk management starts with the client intake process and continues with client communications, collections and disengagement or closing of the matter. Having a clearly defined process in place enables your firm to achieve consistency and efficiency, and reduce risk while retaining optimum clients and establishing a positive business relationship.

Task Management and Delegation Your time is important and you want to spend as much of your time practicing law versus administering the firm. Administration cannot be ignored though, so how do you free up more of your time? Make a list of tasks and decisions that you currently perform and then divide the list into two: Executive and Non-Executive Tasks. Executive tasks are items that only you can perform due to your knowledge, their complexity and/or their importance. Non-executive tasks are items that could be delegated to a staff member with the right training, guidance and supervision. Delegate tasks with the right controls, procedures and pre-approved templates in place, and enjoy practicing law more. Enjoy the rest of the holiday season but be sure to calendar time to reflect on your firm/practice and plan for making it even better in 2018. Remember to integrate your plan with your budget and discuss it with your team. Even better, get their input as part of your planning process. Your team’s buy-in can play a significant role in the success of the firm. Henry Angelino (henry@angelinoconsult.com) is owner of Angelino & Associates.

November/December 2017 SAN DIEGO LAWYER 17

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18 SAN DIEGO LAWYER November/December 2017

Finding Yourself On the Internet 5 Steps to build a professional online brand BY JEREMY EVANS e live in an age where your first reaction when posed with a question that you do not know the answer to is to “Google it.” We use our phones, tablets and computers to use applications, search for and view information, and connect on social media, not to mention the communication resources of texting, calling and emailing. In our world, it is more likely that you will watch a live sports event on Twitter or Facebook than on your television, and that your first view/meeting of a person or their website is through a social or professional media application like Instagram or LinkedIn or via Google Chrome and Safari.

both mobile- and web- (e.g., computer viewing) based platforms to view information. Word to the wise: You can tell the difference when a website is not both mobile- and web-based as the conversion when viewing a web-based site on a mobile device will look cheap and outdated. With social and professional media applications like Facebook, Twitter, Instagram and LinkedIn, keep in mind that the companies who developed the products have already done mobile/web viewing work for you. All you have to do is set up your account(s). (Helpful tip: make sure you have access to your website to make changes so you are not relying on someone else).

platforms. For example, when you update your job or add a new board position on LinkedIn or Facebook, it will automatically update your contacts. People and clients will see this and remember you for their next legal or business matter. Remember, if you want to be visible, you must regularly update and post to your online profiles. (Helpful tip: Instagram allows you to automatically post to Facebook and Twitter; Facebook and Twitter allow you to simultaneously post to one another; LinkedIn allows you to simultaneously post to Twitter; Hootsuite allows you to post to multiple platforms).

Therefore, when personalizing your law firm website and social media profiles, we must keep in mind that people will (1) most likely be viewing and seeing you and your information for the first time while using their hand-held cellphone, and (2) your first impression is now digital, but not impersonal just because you are online. This scenario creates a few different things to consider. First, viewing a website or using a social media application on a mobile device is different than when viewing from a desktop computer. The fonts, size and appearance are all different. Second, because information about you and your law firm is so easily accessible, a person, prospective client, etc., is likely to meet you first digitally before meeting you in person and therefore content and visibility is king.

2. Accounts: Speaking of accounts, you must/

Remember the three “P’s” for social and professional media and websites: Professionalism in all Pictures and Posts! We all know the folks who are consistently (1) too salesy, (2) too political and (3) too personal.

Practically speaking, we need to know a few things when building an online profile in any format.

1. Viewing Pleasure: Make sure your web developer or the system you are using has

should have separate accounts for your personal and business profiles. Look, just because the internet has made everything, including information about you, more accessible, does not mean that your public and private relationships need or must be public. The old adage that you do not mix business with pleasure still applies regardless of social media applications and websites.

3. Branding: The number one rule in branding is consistency. Your profile picture and information (i.e., bio, organizations, etc.) on each platform and on the website should be the same so people can recognize you and it creates an image of someone who has their stuff together and manages well. People like that. Clients like that.

4. Marketing: The number one rule in

5. Above All Else: Professionalism is key.

Like everything in life, it is what you put into the thing that matters and shows results. People know when you are being genuine and genuinely like to connect and meet new people. In an age where our information is easily accessible, we need to (1) embrace that by (2) controlling our own message through information, images and visibility. Nothing is more frustrating than not finding someone online that you want to connect with in person. Jeremy Evans (jeremy@csllegal.com) is managing attorney with California Sports Lawyer.

marketing is regularity. You must be consistent about regularly updating your website and social and professional media November/December 2017 SAN DIEGO LAWYER 19

LOOKING TO GET HIRED? Now seeking attorneys for our two new panels Debtor Representation and Enforcement of Judgments. Highlight Your Practice and Meet Potential Clients. Join the Lawyer Referral and Information Service. New and less stringent requirements; newer attorneys encouraged to apply. Contact Michelle Chavez at 619.321.4150 or mchavez@sdcba.org Learn more at www.sdcba.org/joinlris.

SAN DIEGO COUNTY BAR ASSOCIATION

5 Ways Lawyers Can Leverage LinkedIn By Joshua Bonnici

“W

ell it was great to meet you, Robert. I’ll connect with you on LinkedIn tomorrow.” LinkedIn. It’s that “social network” site that doesn’t get any love. Facebook has sponsored listings, live video feeds and groups for your old high school pals. Twitter has a streamlined 280-character limit, it’s easier to scroll through for a quick popculture update, and hey, POTUS seems to love it. Then there’s Facebook and Twitter’s nerdy cousin, LinkedIn. How does LinkedIn fit in among the giants, and, more importantly, how can YOU use it effectively? In this article I’ll summarize how I use LinkedIn and some key features I find useful. DISCLAIMER: I’m a “younger” attorney, and technology comes pretty easy to me. I think the site is simple to navigate and maneuver. However, your mileage may vary. I personally am picky when connecting with people on Facebook, but not so much on LinkedIn. To me, the more people you’re connected with the better — even if you don’t know them extremely well. Ultimately you’ll choose a connection method you’re comfortable with, but the more people you’re linked with allows you to have a better chance to be connected with all of your connection’s connections. Whew. That’s a lot of connections.

First, some quick facts: • 40 million students and recent college graduates have profiles on LinkedIn. • There are 56 percent male users and 44 percent female users on LinkedIn. • The five countries with the highest number of LinkedIn users are the U.S., India, Brazil, Great Britain and Canada. • Only 13 percent of millennials (15-34 years old) use LinkedIn. • 44 percent of LinkedIn users earn more than $75,000 a year. • 41 percent of millionaires use LinkedIn. • LinkedIn now has 3 million active job listings on the platform. • 1 million professionals have published posts on LinkedIn. • There have been 1 billion endorsements on LinkedIn. LinkedIn does what it’s name suggests — links you with other professionals. But how you’re able to be “linked” to them and interact with them is the key. Here are my top five ways I use LinkedIn on a weekly basis, in no particular order, as I build my law practice:

1. Professional Introductions Looking for a biochemist as an expert or a workers’ compensation lawyer in your small hometown for a family friend? Instead of shooting out a mass email to all your colleagues, jump on your LinkedIn profile, and search for San Diego biochemists. When you conduct the search, several

profiles will come up based on occupation of nearby users. On their profile, there will be a qualifying “connection degree” number. It will either read: first, meaning you are personally connected with them; second, meaning you have a mutual connection; or third, you are not connected at all. Let’s say a biochemist comes up in your search, and there’s a second-degree connection made with an acquaintance you know from your yoga class, Lisa. You reach out to Lisa, and ask her if she knows the biochemist, and if she says yes, you ask for a personal connection. Then, a direct message can be sent through LinkedIn (or you can find a listed email address) for a more personal introduction in place of a cold call, or getting through the biochemist’s gatekeeper. This process can work for virtually any professional search, and is why I traditionally will connect with the most people I can on LinkedIn. You’ll be surprised how much overlap will occur (or mutual connections you’ll share with others) in such a large professional city like San Diego. I’ve even had new clients tell me that the reason they called and ultimately hired me was because I was connected to their neighbor, whom they trust as being very well-connected and business savvy. I also use LinkedIn as a tool for colleagues I’m trying to help connect in San Diego. I’ll often tell them to scroll through my

November/December 2017 SAN DIEGO LAWYER 21

contacts on LinkedIn and make a list of five to 10 people they’d like intros to, and make them when asked. That way my colleague is getting a personal intro to someone they want to meet (with quick background information on both parties), and the introduction isn’t a cold call email. This works for me too, as now I’m a resource (hopefully) for both people, which can spur a request for a meeting from my contact whom I may not have seen for a few months.

2. Job Seeking

“A well puttogether profile and strategy on how to connect with others can be a great tool in bringing your networking to the next level.”

Whether you’re looking for a job, or want to post an opening you have at your office, LinkedIn can be a great place for that. As mentioned above, over 3 million job postings are currently on LinkedIn, and 40 million LinkedIn users are recent grads. While I’ve never used this function, I’ve had numerous friends tell me they got job leads off the site. Inquiries can also build links to the company’s website, provide information on applying directly through an online portal, or notify interested parties that your company is hiring. This puts your job opening in an interested job-seeker’s inbox.

3. Branding/SEO Connections can scroll through LinkedIn's posting feature to see what updates or articles are posted. I often find good blogs, articles and white papers posted by people who are trying to beef up their exposure and post free content. Nonetheless, I use this area as my branding and SEO area. I’ll post a blog or photo relating to my injury and disability practice in order to quickly remind my followers what I do and what I’m up to. People can “like” and share the content, just like on Facebook. If you link your website to LinkedIn, or a blog you wrote, that can also help with your SEO as it’s now posted on a large social networking site with millions of clicks a day. Hint: Don’t want to log into yet another site to post a blog? Use one of my favorite shortcut apps to log into three social networks at once. I use Hootsuite to log into my business Facebook, LinkedIn and Twitter. I post an article I wrote, link it to my site, hit post, and wham! Posted on all three of my sites with one click. Best of all, it’s free for up to three sites.

22 SAN DIEGO LAWYER November/December 2017

4. Networking Want to follow up with that paralegal you met at the last mixer you attended? Want to solidify a coffee meeting with that CEO you ran into at dinner? Through LinkedIn, you’re not just a random email, but a profile reminding them of who you are and what you look like (key for me as I’m terrible with names but great with faces). Connect with them, then send a direct message through LinkedIn. Similarly, you can direct message someone and use a mutual contact as an intro. Having something in common, or a mutual connection, can often be the reason someone clicks on an email instead of ignoring it as possible spam. Will LinkedIn replace traditional networking? I don’t think so. But a well put-together profile and strategy on how to connect with others can be a great tool in bringing your networking to the next level.

5. Rolodex This may be my favorite feature — I have the LinkedIn app on my iPhone. I’ve gone into the settings and selected the option to have all of my LinkedIn connections’ contact information stored in my phone’s “contacts” feature. What does this mean? I have the contact information for all 1,024 of my LinkedIn contacts. While this may seem overkill for some, it’s nice having people’s info directly in my phone. When a contact asks me for a referral for a business attorney who has an emphasis on 1031 exchanges, I can go directly to my phone’s contact list and find that attorney and all their contact info is there to make the referral on the spot. Or, if you are out of the office and can’t find opposing counsel’s contact info to tell them you’re stuck on the 805 on the way to a depo, search their name in your contacts and now you have their info. I hope this summary of LinkedIn uses is helpful. Now, go spruce up your profile, get a nice headshot posted, and link away! Feel free to find me on LinkedIn, ask to connect and tell me you read the article. Consider it a guaranteed connection request accepted. Joshua Bonnici (josh@bonnicilawgroup.com) is the managing attorney for Bonnici Law Group, APC.

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Looking for Resources to Help Build Your Practice? Are you just starting out or transitioning into solo practice? Visit www.sdcba.org/buildingyourpractice for resources dedicated to helping your practice grow and thrive. FIND RESOURCES SUCH AS: CHECKLISTS/TEMPLATES: Business plans and guides for starting a law firm CLIENT RELATIONS & COMMUNICATION: Best practices for handling client referrals, and narrowing the scope of your representation PRACTICE/BUSINESS MANAGEMENT: Reports and websites focused on topics like legal trends and risk assessments for “getting stiffed”

STATE BAR RESOURCES: Links to the California Rules of Professional Conduct and mandatory reporting requirements OTHER RESOURCES: Click through a specially curated list of articles and websites covering law firm/small businesses, ethics, fees, marketing and social media, and SDCBA member benefits that are great for solo practitioners and small firms.

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A Journalist Is Calling Don’t Panic, Don’t Overreact By Edward McIntyre

ears ago the joke was, “You know it’s going to be a bad day when you get to work and Mike Wallace and a ‘60 Minutes’ camera crew is sitting on the front steps waiting for you.” Working with journalists, whether print or broadcast, doesn’t have to be that scary. Some thoughts that might help: If the story is about your client, or a client matter in which you are involved … Do remember, it’s not all about you; you have a client. Before speaking with a journalist about any client matter, make sure your client approves. Better, make sure you and your client agree what you can and cannot reveal. The client owns the confidences. [Rule of Professional Conduct 3-100; Bus. & Prof. Code section 6068, subdivision. (e)(1).] Don’t get caught unawares. If you are working on a matter that is, or might

26 SAN DIEGO LAWYER November/December 2017

be, newsworthy, confer in advance with your client. Does your client want you to respond? Does your client want all press inquiries referred to the client? Does the client want a strict “No comment” approach — no matter how you think that might look? Does the client have a story that, ethically, you can tell? Do anticipate. If you think a matter is, or even might be, newsworthy — a judgment that a journalist or an editor, but not you, will make — consider informing a journalist in advance. An exclusive may make you a new friend. Don’t assume a casual remark you make is “off the record,” or can after the fact become “off the record.” Most journalists consider everything on the record — i.e., publishable — absent an agreement in advance that some comments will be “off the record” or “on background.” Do remember that journalists are, mostly, decent people pursuing their profession — as we pursue ours. Respect their time — i.e., their deadlines — and their professionalism. Anticipate. Be ready to address skepticism; don’t react negatively to it. Journalists are, by nature, skeptics; that doesn’t mean they’re biased. Do try to distill your remarks to short, quotable bites. Legal issues are inherently

complex; storytelling, however, requires simplicity, and journalists are, in essence storytellers. Do try to frame your points in clear prose; not complex paragraphs. A well-considered analogy or example helps. Don’t try to fake it or, worse, misrepresent, when dealing with a journalist. As we see daily, they have the resources to dig for the facts. Picking fights with institutions that buy ink in 55-gallon drums, newsprint by the reel or videotape by the truckload is the epitome of foolishness. Do remember the five “W’s” of J-school: Who, When, Where, What, Why? If, when speaking to a journalist, you can frame your story along those lines, you will likely have written the lede — the introductory section of a news story intended to entice the reader to read the whole piece — and perhaps much of the first paragraph. Nice work! Don’t forget the ethical bar against “extrajudicial statements” with a “substantial likelihood of materially prejudicing an adjudicative proceeding.” Rule of Professional Conduct 5-120. In short, don’t try your case in public except as the rule allows; see Rule 5-120(B)(1)-(7). But what if the story is about you — something you did; some award or achievement or honor received? Many of

the considerations above still apply; here are some additional thoughts. Don’t forget, in talking about past triumphs, client confidences belong to the client. Defensing that DUI may have seemed spectacular to you — especially with the blood alcohol evidence you had to deal with — but your client, the defendant, might not think it so great to see the case mentioned in the paper or on the evening news as one of your victories. Do give careful thought in advance — your 30-second elevator speech — about how to describe your practice to a lay audience, the people watching or reading. Lanham Act disputes may mean something to trademark lawyers, but you just left everyone else behind — if it even makes it into the story. Don’t try to turn an interview about something interesting for which you are the focus into an infomercial about your practice. Instead, do try to present yourself as interesting, interested, informed and personable if possible, and let the journalist do the rest.

Do try to develop working relationships with journalists who regularly cover areas in which you practice: the courts; science; City Hall; technology or medicine; criminal justice; business or finance; the legal profession; real estate; employment. Do offer to make yourself available to journalists when they need a knowledgeable source — but that means being available when, on deadline, they need a quote about something happening — in an area where you have expertise. You may become the often-quoted/oftenappearing lawyer who explains some event or court decision to a broader audience. Don’t even think of asking to review your comments — whether the story is about a client, a client matter or you — in advance of publication. The answer will almost universally be no, and asking only screams “insecure amateur.” Rather, do think through in advance what you intend to say; say it with consideration; and, stop!

Do consider whether being a particular newspaper’s or radio station’s or TV station’s “go-to” expert on an area within your practice not only allows you to communicate your knowledge to an audience you would not otherwise be able to reach, but also whether the medium itself adds credibility to you and your message. Do relax and have fun. Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and co-editor of San Diego Lawyer. In addition to serving on the SDCBA Legal Ethics Committee, Ed's expertise also includes representation of print and broadcast journalists and their institutions for many years; he wrote the column, “Europe Today,” for the San Diego Daily Transcript from 1989 through 1992; and has lectured regularly to journalists and journalism students. He focuses his practice on legal ethics, professional responsibility and risk mitigation.

AVOID THE FAMILY AFFAIR G

raduation from law school and admission to the bar is a happy event for the new lawyer. It is also a happy event for the new lawyer’s family and friends, many of whom have supported the new lawyer through the long and strenuous journey to that special status, usually emotionally, often financially. But it is a relationship-altering event. All lawyers experience the phenomenon of suddenly being “the family lawyer.” It is now expected that the family lawyer will be available to provide advice and assistance to members of the family. Sometimes friends share that expectation. Many of us have heard the phrase from clients and prospective clients: “I talked to a good friend of mine and she says …” It is also expected that this help will come with no price tag. Of course, we are willing to help. That is what friends and family members do. They help each other. But with those changed expectations and our willingness to help, 28 SAN DIEGO LAWYER November/December 2017

Dangers of becoming the go-to lawyer for family and friends By David Cameron Carr

dangers are created. Dangers for the lawyer and dangers for the client. Clients think of lawyers as zealous advocates for their interests and that is true. But lawyers are also supposed to be sources of independent dispassionate judgment in providing advice and representation. American Bar Association (ABA) Model Rule of Professional Conduct 2.1 captures the concept: “In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.” Comment 1 to the rule illuminates the problem with advising or representing family or friends: “A client is entitled to straightforward advice expressing the lawyer’s honest assessment. Legal advice often involves

unpleasant facts and alternatives that a client may be disinclined to confront. In presenting advice, a lawyer endeavors to sustain the client’s morale and may put advice in as acceptable a form as honesty permits. However, a lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client.” There are times when lawyers must tell clients that there is no way to accomplish the client’s objectives. There are times when lawyers have to say no to their clients. The pre-existing emotional relationship the lawyer has with a family member or a friend can interfere with the ethical duty the lawyer has to communicate unpleasant truths and render candid advice. We all know that it can be difficult to say no to a family member or friend. These relationships can also make it very difficult for the lawyer to perform competently. California Rule of Professional Conduct 3-110(B) defines competence:

“For purposes of this rule, ‘competence’ in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service.” Emphasis added. The requirements set forth in sub-section 3 are often overlooked. No California lawyer has been disciplined for undertaking representation without being emotionally ready. But here is a real-life example. In 1992, my father was suffering from declining cognition due to Alzheimer’s disease. As the family lawyer, I was tasked with drafting durable powers of attorney and other documents allowing my mother to make decisions on his health care. I would take the paperwork out of my desk drawer and begin to work on it, only to become so emotional that I could not work on it. After a month of false starts, I did the smart thing and hired an experienced lawyer to complete the forms. My story also illustrates another competence issue in advising family and friends. Non-lawyers often don’t appreciate the degree of specialization in the legal profession. I am an ethics lawyers; I know

a lot about legal ethics and a little about many areas of law. Yet, I am constantly called upon by family members and friends to give them advice about everything from real estate transactions to employment issues, areas where I know just enough to be dangerous. In the lawyer’s desire to

“The fact that the client is a family member or friend that is not paying for the lawyer’s services does not change the lawyer’s professional responsibilities in any degree.” help a family member or friend, the lawyer can commit to practicing in areas where the lawyer does not have the necessary learning and skill. Lawyers I have represented in discipline complaints have told me that the complainant “was not a client but just a friend that I was trying to help.” But there are no “clients-lite.” The fact that the client

is a family member or friend that is not paying for the lawyer’s services does not change the lawyer’s professional responsibilities in any degree. Sometimes lawyers will undertake to represent friends or family for no fee because they feel they can’t say no to this person that they are emotionally bound to (and those emotions may not all be positive). This creates resentment — conscious or unconscious — on the part of the lawyer, resentment which impedes performance. This “client-lite” will tend to be moved to the bottom of the to-do list, and may be left off altogether. In declining to represent family or friends, I use the analogy of a surgeon: If you were a surgeon, would you want to be the one operating on your spouse, mother, father, friend or whoever? A hard and fast rule against representing family and friends probably doesn’t work for every lawyer. But if you undertake such a representation, you need to be constantly on guard against the potential dangers. David Carr (dccarr@ethics-lawyer.com) is a solo practitioner.

Statement of Ownership, Management and Circulation (required by 39 U.S.C. 3685).

1. Publication title: San Diego Lawyer. 2. Publication number: 1096-1887. 3. Filing date: 10/1/2017. 4. Issue frequency: Bimonthly. 5. Number of issues published annually: 6. Annual subscription price: $50.00. 7. Complete mailing address of known office of publication: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, San Diego County, CA 92101. 8. Complete mailing address of headquarters or general business office of publisher: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 9. Full names and complete mailing addresses of publisher, editor and managing editor. Publisher: Ellen Miller-Sharp, 401 West A Street, Suite 1100, San Diego, CA 92101. Editor: Jenna Little, 401 West A Street, Suite 1100, San Diego, CA 92101. Managing Editor: Jenna Little, 401 West A Street, Suite 1100, San Diego, CA 92101. 10. Owner: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 11. Known bond holders, mortgagees and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages or other securities: None. 12. Tax Status: Has Not Changed During Preceding 12 Months. 13. Publication title: San Diego Lawyer. 14. Issue date for circulation data below: 01/09/2016—01/07/2017. 15. Extent and nature of circulation: Membership/Trade Publication. a. Total no. of copies. Average no. copies each issue during preceding 12 months: 7,691. No. copies of single issue published nearest to filing date: 7,213. b. Paid circulation. (1) Mailed outside-county mail paid subscriptions stated on Form 3541. Average no. copies each issue during preceding 12 months: 371. No. copies

of single issue published nearest to filing date: 492. (2) Mailed in-county paid subscriptions stated on Form 3541. Average number copies each issue during preceding 12 months: 7,127. No. copies of single issue published nearest to filing date: 6,572. (3) Paid distribution outside the mails including sales through dealers and carriers, street vendors, counter sales and other paid distribution outside USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (4) Paid distribution by other mail classes through the USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. c. Total paid distribution. Average no. copies each issue during preceding 12 months: 7,498. No. copies of single issue published nearest to filing date: 7,064. d. Free or nominal-rate distribution. (1) Outside-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (2) In-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (3) Not applicable. (4) Free or nominal-rate distribution outside the mail. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. e. Total free or nominal-rate distribution. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. f. Total distribution. Average no. copies each issue during preceding 12 months: 7,498. No.

copies of single issue published nearest to filing date: 7,064. g. Copies not distributed. Average no. copies each issue during preceding 12 months: 193. No. copies of single issue published nearest to filing date: 149. h. Total. Average no. copies each issue during preceding 12 months: 7,691. No. copies of single issue published nearest to filing date: 7,213. i. Percent paid. Average no. copies each issue during preceding 12 months: 100%. No. copies of single issue published nearest to filing date: 100%. 16. Electronic copy circulation: Not applicable. a. Paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. b. Total paid print copies + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. c. Total print distribution + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. d. Percent paid. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. 17. Publication of Statement of Ownership for a general publication is required and will be printed in the 01/11/2017 issue of this publication. I certify that all information furnished is true and complete. Ellen Miller-Sharp, Executive Director & CEO, San Diego County Bar Association November/December 2017 SAN DIEGO LAWYER 29

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More on Marketing for Solo Practitioners & Small Firms Hear what others in our profession and beyond are saying about marketing for small firms and solo practitioners. From "Seven Ways to Optimize Your Law Firm’s Website" via Attorney at Work

From "Does It Have To Be About Marketing?" via Above the Law

Mapping out your website and putting a plan in place for adding high-quality content is key to building your online presence. Plan out the content, including main pages, practice area pages and FAQ pages.”

‘Blogging forced me to stay on top of the latest issues and became a conversation starter with other lawyers, existing clients and referral sources,’ said [Rich] Vetstein, author on The Massachusetts Real Estate Blog, who found those early introductions usually started with, ‘Hey you’re that blog guy!’”

https://www.attorneyatwork.com/7-ways-optimize-law-firm-website/

https://abovethelaw.com/2015/05/does-it-have-to-be-about-marketing/

From "Attract and Retain Clients Using E-mail Marketing by Elise Holtzman" via GP Solo Magazine ... because it’s easier and less expensive to do work for a client you have already served, it’s also critical that you maintain ongoing relationships with your existing and past clients so that, when the time comes for them to hire a lawyer again, you are the obvious choice. E-mail marketing allows you to do both.” https://www.americanbar.org/groups/gpsolo/publications/gp_solo/2016/novemberdecember/attract_and_retain_clients_using_email_marketing.html

From “Practicing Parents: Solo Practitioners on Managing Your Practice and Pregnancy” via San Diego Lawyer As a solo, you can never really check out entirely. So, it's a matter of prioritizing your time and deciding how much time each day during your leave you will dedicate to clients and sticking to that boundary.” https://www.sdcba.org/SDLpracticingparents

From "Authenticity as a Social Media Marketing Strategy" via Lawyerist Embracing your authenticity as a marketing strategy means letting the world see you for the human that you are. In marketing and branding, let the real you shine through." https://lawyerist.com/authenticity-social-media-marketing-strategy/

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STATE OF THE COURTS Reports from our local bench By Bob Derocher

November/December 2017 SAN DIEGO LAWYER 33

SAN DIEGO SUPERIOR COURT hat’s one thing that Presiding Judge Jeffrey Barton won’t mind when he moves into his new office for the Superior Court of San Diego?

pre-Windows programs from the ’70s and ’80s, believe it or not,” Barton says. “We’ve got one guy who knows how to work on these things, and he’s heading toward retirement. These are old, obsolete systems.”

Rain.

But with the move comes the continued concern of budgetary restraints. Faced with a $6 million budget cut, buyouts were offered that have led to 70 staff members leaving throughout the courts — including three commissioners — while 10 departments have closed. In 2008, the court employed 1,500; today, Barton says, it employs about 1,100. Branch court services were also cut, and small claims and unlawful detainer courts in North County were closed, as was the juvenile dependency department in the South Bay.

“I put trash cans on my desk when it rains,” he says from his soon-to-be-vacant office at 220 W. Broadway. “You can’t lose sight of the fact that we are abandoning an unsafe courthouse that’s filled with asbestos, where prisoners are in direct contact with the public and staff on a daily basis.” While the long-awaited move to the new $555 million court facility ran well behind schedule in 2017, full occupancy is expected by February 2018. And while budget cuts and staffing losses will weigh on Barton’s mind in his new office, he is looking forward to safer facilities, greater efficiency and continued success from recent court initiatives.

Still, says Barton, there are successes. Most notable: local statistics showing large recidivism reductions for defendants sentenced under the mandatory supervision provisions of the 2011 AB-109 “realignment” bill. The first set of numbers shows an 89 percent success rate for non-recidivism after 12 months, and 94 percent for longer periods. He credits Superior Court Judges Desiree Bruce-Lyle and Lisa Rodriguez for taking a “hands-on” approach in cases. “It’s really a story of cooperation between both the court and the criminal justice stakeholders. It’s a collaborative court where they all work together to assess and then tailor the intervention to the needs of the individual defendant,” Barton says.

“We are abandoning an unsafe courthouse that’s filled with asbestos, where prisoners are in direct contact with the public and staff on a daily basis.”

“We had hoped to be in by now, but the fact that that thing was built and it’s there is extremely positive,” Barton says. He expects a bit of a learning curve for the courts once the new building is fully operational, but plans will be put in place to make sure they take full advantage of the new efficiencies coming online. One example: A family law judge who wants to transfer a case to another department from the Sixth Avenue building can only reasonably transfer it to a limited number of judges in the same building. “Now,” he says, “it’s a matter of just pushing a button on an elevator and going to the department that can handle the matter.”

Hon. Jeffrey Barton Presiding Judge of the San Diego Superior Court 34 SAN DIEGO LAWYER November/December 2017

Technology will also be improving at the courthouse, as electronic filing is turned on in Family Court and an improved case management system begins rolling out in 2018. “We’re replacing DOS programs —

Also successful, he says, is the court’s special RISE Court, aimed at intervening for juvenile defendants who are also involved in human trafficking. Similar to mandatory supervision, it’s a collaborative court. “Collaborative courts in appropriate cases are widely accepted in the state,” he says. “The key is a good assessment of the individual.”

Hon. Barry Ted Moskowitz Chief Judge of the U.S. District Court, Southern District of California

U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA arry Ted Moskowitz, Chief Judge for the U.S. District Court of the Southern District of California, prides himself on managing busy court operations in a timely and efficient manner. “Things are running pretty smoothly — and things ran pretty smoothly last year, as well,” he says proudly.

As for 2018 and beyond? That could be a challenge, he says, as the court faces a looming shortfall of judges caused by unfilled vacancies and judges who will assume senior status. The reduced roster of judges also comes at a time when criminal cases in the court jumped over 40 percent in 2017. The retirements of Judges Marilyn Huff in 2016 and Roger Benitez in 2017 are the leading edge of a wave of four expected additional vacancies that are targeted to hit the court over the next 18 months. While Benitez and other judges will remain on the bench as Senior Judges — as Judge Huff did this year — their caseloads are typically cut in half, which would lead to a 2 1/2 judge shortage on the court. The full court would normally have 13 active judges. “As more judges go senior, and there’s a delay in filling those positions, that could

be problematic for the court,” Moskowitz says. “We haven’t heard any progress on filling those vacancies. It’s hard to tell what’s going to happen. I don’t think we’ve seen anything like this in quite some time.” While Moskowitz says there might be a time soon to discuss the potential impact of the vacancies with the state’s U.S. Senators, there is no reason to expect that the vacancies will be filled any time soon. Of 144 federal court vacancies as of late 2017, just 46 had replacement nominations, according to the Administrative Office of the U.S. Courts. The timing of the current and expected vacancies will do the court no favors, according to Moskowitz. Although civil case filings fell by 18 percent in 2017, criminal cases jumped by 40 percent — fueled by increased prosecutions from the U.S. Department of Justice, primarily related to stepped up drug and immigration enforcement. For example: the March 2017 indictments of 55 defendants for crimes such as money laundering and drug and firearms trafficking. Prosecutors described it as one of the most significant crackdowns in recent memory.

While Moskowitz is confident of the abilities of the judges to efficiently handle the increase, “with the caseload going up, it would certainly be helpful to have more judges,” he says.

“The reduced roster of judges also comes at a time when criminal cases in the court jumped over 40 percent in 2017.” One thing the judge is looking forward to in 2018: continued work on renovations to the Edward J. Schwartz Federal Building and Courthouse. The $61 million project will involve moving half of the Probation Office to the first floor of the Schwartz Courthouse and the addition of a child care center in the Schwartz Federal Building. The project is scheduled for completion in 2018.

November/December 2017 SAN DIEGO LAWYER 35

COURT OF APPEAL FOURTH APPELLATE DISTRICT DIVISION ONE ith the early-2017 addition of Associate Justice William Dato and the late-2017 proposed appointment of Patricia Guerrero to fill another justice vacancy, Division 1 of the 4th District Court of Appeal will have something in 2018 that it hasn’t had in nearly two years: a full slate of justices.

“That’s certainly been good news for the court,” says the court’s Administrative Presiding Justice, Judith McConnell. “It does take a long time to get these vacancies on the court filled. It’s really a hardship on the court, and on the public, frankly.” With a full complement of justices, more technological advances and new program plans in place, McConnell is looking forward to a productive year ahead. Still, she says, funding concerns lurk on the horizon as the court shifts in the way it will handle death penalty appeals in the years ahead.

“It’s good for law students and our civic learning initiative to help people understand what the courts do. It just improves access to the courts.” Although the court’s justices have been adept over the last year-plus at dealing with bench vacancies, McConnell says, the boost to a team of 10 in Division 1 is welcome. The division has been accepting cases regularly from Division 2, while Division 3 has also been shorthanded and Division 4 has a traditionally large caseload. The potential for more cases coming from other divisions already has McConnell looking at ways to make the websites, rules and filing systems more consistent across all divisions. McConnell also hopes that continued advances in rolling out a statewide document management system, which will improve access to dockets online for all divisions. Funding and system selection has already been completed, with plans 36 SAN DIEGO LAWYER November/December 2017

to have the system up and running in 2018, she says. Electronic filing for Division 1 is already in place. “Everything is now prepared, submitted and served electronically, so (lawyers) don’t have to print and bind all the briefs as they once had to do,” she says. “We have worked closely with the bar to make sure that’s worked well, and we have a very good relationship with trial courts helping to provide electronic records.” Also still on the horizon for 2018: Online live streaming of all arguments of all of the Courts of Appeal, which remains limited to the 5th District. “It’s good for law students and our civic learning initiative to help people understand what the courts do,” she says. “It just improves access to the courts.” The 5th District is also expected to work with Division 1 in the 4th District in the year ahead on an interactive online pro se clinic, which is being assembled for Division 1 with the San Diego County Bar Association and the Legal Aid Society of San Diego. The work is being funded by a grant from the Judicial Council of California as part of the Court Innovations Grant Program. “We’re now working on a website where we’ll provide forms that people can fill out, with online templates to submit completed documents online,” McConnell says. Although technology will help advance the court’s work in 2018, McConnell fears that 2019 could set the court back. That’s when habeas proceedings in death penalty cases will start in trial courts — not in the Supreme Court — with trial judges remaining the same. There is no funding in place to address those changes, which will likely lead to challenges at the Court of Appeal level, she says, as cases make their way there. A shortage of court reporters could also spell trouble for the Court of Appeal, particularly for those who cannot afford to produce a record. “We can’t review a case without an adequate record,” she says. For now, she adds, the court will continue to embrace technology and the efficiencies that come with it.

Hon. Judith McConnell Administrative Presiding Justice of the Court of Appeal, Fourth Appellate District, Division One

U.S. BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA very Wednesday afternoon, Judge Laura Taylor only has to go as far as the second floor Law Library at the United States Courthouse in San Diego to see how strong bench-bar relations are paying dividends for the U.S. Bankruptcy Court in the Southern District of California. That’s where the Bankruptcy Self-Help Center becomes the place for potential pro se litigants to get the free help they need to navigate bankruptcy law.

“It really has come into its own,” says Taylor, the court’s Chief Judge. “It’s another way for the Bar to come in and assist the court, and it’s a way for us to really help the community.” For Taylor, the popularity of the Bankruptcy Self-Help Center, along with continued cooperative rule improvement efforts of the bench and bar, are good indicators of a successful 2017. And when combined with plans for adding new mediators, improving technology and other modernization efforts, 2018 is shaping up to be another year of improvements for the U.S. Bankruptcy Court. Launched in late 2016, the Bankruptcy Self-Help Center provides opportunities for creditors, debtors or anyone with a bankruptcy issue to meet with volunteer attorneys to get counseling assistance and help with filling out forms, as well as access to the court’s library and assistance

in getting attorney referrals. The center is sponsored by the Legal Aid Society of San Diego, with input and assistance from the U.S. Bankruptcy Court. Taylor credits Judge Margaret Mann with leading the court’s assistance and input efforts, while also hailing the work of local bankruptcy lawyers for working together to improve legal services for under- and unrepresented citizens. “It’s phenomenally successful. It’s something that’s urgently needed,” Taylor says. “The best indication that it’s working is that people keep coming.” That same spirit of cooperation is also evident, she says, in the work of the Local Bankruptcy Advisory Committee on Rules. Now in its third year, the committee meets monthly, bringing in as many as 15 attorneys to address a variety of rules issues in a quick and efficient manner. “It’s been a great aid for helping me make sure that we have good dialogue between the bench and the bar,” she says. Among the issues discussed that will likely be addressed in 2018 is training new mediators. “We have these great mediators, but we realized that we’ve been relying on these same people for a long time,” Taylor says. “We’re hoping to train more young lawyers and to have them participate as mediators, which I think will help them be better lawyers.”

In the meantime, the court will continue to make technological updates designed to improve court operations. For example, an improved case management system has allowed Taylor to convert many of her paper notebooks to electronic notes that she can access on her tablet, reducing the use of paper in her office to a quarter of what is was previously. The court is also

“We’re hoping to train more young lawyers and to have them participate as mediators, which I think will help them to be better lawyers.” adopting a revised Chapter 13 plan that was locally crafted to address regionspecific needs. “Our goal is to create systems that when the economy dips — and we know it will — we’ve got better tools in place for practitioners and our courts,” Taylor says. “If we don’t keep modernizing it, then we get hit and we’re in a bad place. I feel good about where we are.”

Hon. Laura Taylor Chief Judge of the U.S. Bankruptcy Court for the Southern District of California November/December 2017 SAN DIEGO LAWYER 37

ALL RISE

How this new collaborative court helps sex trafficking victims rise above and go beyond. By Renée Galente

an Diego is in the top 13 cities in the nation for human sex trafficking, according to the FBI, and one of the top three in California along with Los Angeles and San Francisco. A recent study by Dr. Jamie Gates of Point Loma Nazarene University found that the local commercial sex industry makes over $800 million a year based on data that was collected from nearly 1,200 individuals including gangaffiliated persons and traffickers, first-time prostitution offenders, survivors and county school administration staff. The result: San Diego has a problem. Our local youth are being targeted for trafficking. With that in mind, stakeholders from across the county including the District Attorney’s Office, the Public Defender’s Office, the Superior Court, Probation Department and Child Welfare Services, got together to figure out what could be done to help address this issue in the legal system. A multidisciplinary team traveled to Los Angeles to look at the model they use there and then began work to tailor that model to create the best version for San Diego. Thus began the creation of the RISE Court, which stands for Resiliency Is Strength and Empowerment. This new court is geared towards helping these youth, both young women and men, who are being commercially sexually exploited or whom are identified as being at risk for to being commercially sexually exploited. Juvenile Presiding Judge Carolyn Caietti serves as the dedicated judge to this

38 SAN DIEGO LAWYER November/December 2017

court, and is no stranger to working to protect youth in San Diego as someone who helped to create “Passport to Life” and “Justice 101 for Students” to help enlighten youth about the juvenile system and opportunities available to them. “This has been a labor of collaboration and a labor of love,” says Interim District Attorney Summer Stephan. “It stems out of the recognition that sexual exploitation and CSEC are hidden crimes. People are victimized and don’t speak out. That is why it is so important that we created a multidisciplinary trauma-informed court to hand these cases with support and services.”

“The goal is to show them how to become their best self, that they are not objects to be bought and sold.” A key piece of the program, then, has been getting those who represent the legal system trained on how to look for indicia of, or factors putting youth at risk for, sexual exploitation. This way, the legal system representatives who touch the cases can work to identify if a youth may be eligible for participation in this court. “Youth affected may be coming facing a variety of different charges from misdemeanors for stealing or lying about their identity to more serious cases,” said Deputy District Attorney Fanny Yu. The court does not have

a bright line rule as to what types of crimes are eligible or ineligible for participation in the program. To be eligible, voluntary participation is a must. Because the court works to be very proactive with its approach to helping the youth, they will have more court appearances than would be required and would also work on the truly unique aspect of this program: the empowerment. Each youth in the program has a personal case plan created, including empowerment activities, to help them recognize that they have a particular strength. “The goal is to show them how to become their best self,” says Summer Stephan, “that they are not objects to be bought and sold.” Fanny Yu said that “the program is designed to give youth confidence, contacts, role models and mentors.” And for volunteering to work through this program, eligible youth who “graduate” can find their probation terminated and their charges dismissed. This program is in its early stages. Those in the legal community who would like more information or would like to get involved to help with the empowerment activities or as a mentor can reach out to the RISE. team. “This court exemplifies what is good about the San Diego legal community,” said Stephan. “This is what collaboration without borders creates — everyone coming together to work on what is in the best interest of the minor.” Renée Galente (renee@galentelaw.com) is a director for the San Diego County Bar Association and owner of Galente Law, APC.

Itâ&#x20AC;&#x2122;s never too late to find the right solution. CRAIGHIGGS.COM

November/December 2017 SAN DIEGO LAWYER 39

When You Have Nowhere Else to Turn Immigrants and Refugees Seek Safety in San Diego

young Mayan man kidnapped, shot and fleeing his home country is just one of the many people seeking safety, refuge and a new life in San Diego. Thanks to the financial support San Diego County Bar Foundation gives to Casa Cornelia, this young man was able to find asylum in the U.S. after a rigorous legal process. But there are too many more that need legal help. Casa Cornelia, a nonprofit public interest law firm, responded to 1,991 immigrants seeking legal services in 2015, including asylum seekers, victims of domestic violence, unaccompanied minors and human traffic survivors. Through its annual grant cycle, the San Diego County Bar Foundation — the charitable arm of the San Diego County Bar Association and in partnership with the San Diego legal community — provides legal services and education grants to organizations that assist those impacted by poverty, abuse and discrimination, including immigrants and refugees. “It is our duty to help those seeking help, including those with high barriers to our complicated legal system, such as lack of the English language, knowledge and representation,” said Micaela Banach, president of the San Diego County Bar Foundation. “A huge thank you to all the attorneys, judges and members of the judicial system who support these individuals in need daily and those who donate to the Foundation.” In addition to Casa Cornelia, Foundation grantees in this category for 2017 include Jewish Family Service of San Diego (JFS), who uses its grant from the Foundation to assist low-income individuals of all faiths and backgrounds who are eligible to become naturalized citizens. JFS’s services provide immigrants with greater financial security; access to health care and jobs; the opportunity to vote and exercise other

civic duties; and most importantly, peace of mind that their family is safe.

executive directo of the Karen Organization of San Diego.

Karen Organization of San Diego also has benefited from a Foundation grant and used its money to identify and provide additional advocates for legal cases of Burmese refugees. The organization helps refugees navigate the welfare, health care, education, law enforcement and public safety systems in the U.S., as well as increases their understanding of the American legal system and their rights.

Every year, the Foundation carefully vets applicable organizations to determine that funds granted will be used to facilitate and expand the availability of legal services; improve the administration of justice and the San Diego court system; and/ or promote public understanding of the law. Grantees must also provide reports of results.

“The grant from the San Diego County Bar Foundation truly means that all of us, regardless of race, ethnicity, religion or immigration status, are important parts of San Diego and should have equal access to justice in this society,” said Nao Kabashima,

To help immigrant communities and others who need legal support in San Diego County, please consider giving the equivalent of one hour of your billable time as a donation to the San Diego County Bar Foundation. Donations of all sizes are welcome and needed at www.sdcbf.org/ GiveAnHour.

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Donate the equivalent of one hour of your billable time or whatever you can today! Your donation will provide access to justice to the San Diego community.

A LLLLLL GGGG A LLLL WWW! • $40 can provide one hour of legal assistance for low-income individuals and families • $50 can provide one hour of legal assessment and education for domestic violence victims • $77 can provide one-on-one legal service support for employment and immigration rights cases • $200 can provide one hour of legal services for veterans in San Diego County

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Share your memories of Justice Froehlich with us at www.sdcba.org/Froehlich.

In Memoriam Hon. Charles Froehlich Jr. By George Brewster Jr.

1928 – 2017

or those of you who saw the lengthy and descriptive life tribute to Charles Froehlich in The San Diego UnionTribune, it was easy to see why his family, friends and colleagues all enjoyed this man’s company. And thought of him as a “Renaissance man.” There isn’t the space here to devote to all of his activities — Google the tribute, or look at the SDCBA's website for the Legal Legend interview done with Justice Froehlich in 2009. In quick summary: After service in the Korean War, he graduated from Boalt Hall School of Law in 1956, and came to San Diego to practice law (principally corporations, civil litigation and tax). He was elected President of the San Diego County Bar Association in 1971, and appointed to the Superior Court in 1972 where he stayed for 10 years before going back into private practice. In 1988, he was appointed to the 4th District Court of Appeal and stayed until his retirement in 1995. He went back again into private practice, retiring in 2008. Interwoven within his legal accomplishments are many other interests, creating quite the tapestry. Bee keeper, avocado farmer, wine maker (mentored by Portuguese fishermen in Point Loma), student and supporter of the arts, including a stint as Board Chair of The Old Globe. All of this is in the life tribute — all, that is, except his role as Bar President. Justice Froehlich was Bar President from January to December 1971, when the bar consisted of 1,300 members. As was the custom, he wrote a regular President’s Page for the bar’s monthly magazine, DICTA, and through these columns he offered, to use his words, “devoted attention” to legal services for the poor, educational programs

for bar members, Defender’s Inc., money for the fine arts, jail conditions (through a Jail Subcommittee of the Bar’s Criminal Justice Committee) and the California Rural Legal Assistance program. During his year as bar president he welcomed the State Bar Convention held in San Diego that year, and acknowledged that the securing of a new bar building had eluded him.

"Justice Froehlich brought scholarship and extraordinary writing skills to his work, as well as a delightful sense of humor. It was an honor to work with him." One of the new members to the San Diego legal community, profiled under “DICTA Welcomes” in the September 1971 issue, was L.A. transplant Richard Huffman, now Justice Huffman for the 4th District Court of Appeals. “Justice Froehlich was a wonderful colleague and a friend,” said Huffman, who served with Justice Froehlich. “He brought scholarship and extraordinary writing skills to his work, as well as a delightful sense of humor. It was an honor to work with him. I just wished he had stayed with us longer.” Justice Ted Todd, who also served on the 4th District Court with Justice Froehlich, was the immediate past bar president, for 1970. According to Justice Todd, Justice Froehlich “was a pretty good handball player when we were all young attorneys

in the 60s,” and later they served together on both the County Bar Board and on the Court of Appeals. Justice Todd mentioned the winery that the Froehlichs ran. “Charles was a connoisseur of wine. He was hired by Trader Joe’s to go to France each year to buy when to sell in the Southern California stores.” The 1972 Bar President, Bob Steiner, served on Justice Froehlich’s Bar Board, but knew him for many years before that. Steiner recently wrote: “I first met him at Boalt Hall. We were in the same law school class, but Charles was number one in each of our three years. I was pleased to learn he planned to commence his law practice in San Diego. From time to time I retained him as an expert witness in cases I was handling. Then we each were elected to the Board of Directors of the San Diego County Bar Association. So we saw each other frequently. “He had a wonderful sense of humor, and important insights on whatever issues were being discussed. He was truly a Renaissance man — an expert in many different fields and a master in explaining his position in discussions and later as a Superior Court Judge. He also made significant contributions to the San Diego community, including The Old Globe, and the San Diego Symphony. “It was always a pleasure to participate with Charles in his several interests and activities.” Justice Froehlich was always engaged and engaging, and will be missed. George Brewster Jr. (george.brewster@sdcounty.ca.gov) is chief deputy with the Office of County Counsel. November/December 2017 SAN DIEGO LAWYER 43

THANK YOU:

100 PERCENT CLUB 2017 The San Diego County Bar thrives only because of the support and talents of each and every one of our members. Thank you to our “100% Club” firms, whose attorneys are all members of the SDCBA in 2017. Your leadership and dedication to our profession is truly appreciated.

Allen, Semelsberger & Kaelin, LLP Andrews Lagasse Branch & Bell LLP Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo APLC Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes ALC* Beamer, Lauth, Steinley & Bond, LLP Bender & Gritz, APLC Bernstein Litowitz Berger & Grossman LLP* Best Best & Krieger, LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butterfield Schechter LLP Carothers DiSante & Freudenberger LLP Casey Gerry Schenk Francavilla Blatt & Penfield, LLP* Caufield & James LLP Christensen & Spath LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer D’Egidio Licari & Townsend, APC Davis, Grass, Goldstein & Finlay Dentons US LLP Devaney Pate Morris & Cameron LLP Dietz, Gilmor & Chazen, APC District Attorney’s Office* Duckor Spradling Metzger & Wynne ALC* Dunn DeSantis Walt & Kendrick, LLP English & Gloven APC Epsten Grinnell & Howell, APC Erickson Law Firm APC Farmer Case & Fedor* Ferris & Britton, APC Finch, Thornton & Baird, LLP Fischer & Van Theil, LLP Fleischer & Ravreby *

10+ years as 100 Percent Club

Fleming PC Fragomen, Del Rey, Bernsen & Loewy, LLP* Frantz Law Group APLC Fredrickson, Mazeika & Grant, LLP* Garmo & Garmo LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP Graham Hollis APC Green Bryant & French, LLP* Greene & Roberts LLP Gresham Savage Nolan & Tilden PC Grimm, Vranjes & Greer, LLP* Haeggquist & Eck, LLP Hahn Loeser & Parks, LLP Henderson, Caverly, Pum & Charney LLP Higgs Fletcher & Mack LLP* Hoffman & Forde Hooper, Lundy & Bookman, PC Horton Oberrecht Kirkpatrick & Martha, APC* Hughes & Pizzuto, APC Jackson Lewis PC Judkins, Glatt & Rich LLP* Kirby & McGuinn APC Klinedinst PC Koeller, Nebeker, Carlson & Haluck, LLP Konoske Akiyama | Brust LLP Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc.* Lincoln Gustafson & Cercos LLP Littler Mendelson PC McCloskey, Waring & Waisman LLP Men’s Legal Center Miller, Monson, Peshel, Polacek & Hoshaw* Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis Law Neil, Dymott, Frank, McFall & Trexler APLC Nicholas & Tomasevic LLP

Noonan Lance Boyer & Banach LLP Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP* Peterson & Price, APC Pettit Kohn Ingrassia Lutz & Dolin PC Pope, Berger, Williams & Reynolds, LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC RJS Law Rowe | Mullen LLP San Diego Unified Port District Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Cauley & Moot LLP Selman Breitman, LLP Seltzer|Caplan|McMahon|Vitek, ALC* Sheppard, Mullin, Richter & Hampton LLP* Shoecraft Burton, LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Stettler, APC* Simpson Delmore Greene LLP Smith, Steiner, Vanderpool & Wax, APC Solomon, Grindle, Lidstad & Wintringer, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stoel Rives LLP Stokes Wagner ALC Sullivan Hill Lewin Rez & Engel Summers & Shives, APC Thorsnes Bartolotta McGuire, LLP Walsh McKean Furcolo LLP Ward & Hagen LLP Wilson Elser Moskowitz Edelman & Dicker LLP* Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes ALC Wingert Grebing Brubaker & Juskie LLP Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo

Distinctions

Individuals and organizations in our community were recently honored for a variety of achievements. The following is a list of recent community recognitions:

Hon. Patricia Guerrero was appointed to the Court of Appeal, 4th District, Division One, San Diego. Wilson Turker Kosmo LLP partner Frederick Kosmo Jr. and Dinsmore & Shohl LLP partner Joseph Leventhal were appointed by San Diego Mayor Kevin Faulconer to serve on the San Diego Ethics Commission.

Hon. Mitchell Dembin was honored with the Judicial Service Award, and SDCBA Board member and Stark & Dâ&#x20AC;&#x2122;Ambrosio, LLP partner Anna Romanskaya was honored with the Outstanding Service to the Community Award by the Thomas Jefferson School of Law Alumni Association.

Wilson Adam Schooley was elected Chair-Elect of the ABA Section of Civil Rights and Social Justice. The following attorneys were named 2017 Inn of Court Pro Bono Publico Awardees by Casa Cornelia Law Center: Begum Benchimol of Benchimol Law; Victoria Hester of Best Best & Krieger LLP; Jessica Kondrick of Sandler, Lasry, Laube, Byer & Valdez LLP; Lyle Leblang and Trevor Quist of Sheppard, Mullin, Richter & Hampton LLP; and Karine Wenger of Fragomen, Del Rey, Bernsen & Loewy, LLP.

Sheppard, Mullin, Richter & Hampton LLP was named Outstanding Law Firm of the Year by the San Diego Volunteer Lawyer Program.

Hon. Jim Mangione was named 2018 President of the American Board of Trial Advocates (ABOTA). Attorney Ben Bunn of Hulburt & Bunn, LLP, received the ABOTA 2017 Hughes-McClennahan Civility Award, and Hon. Ron Styn was honored with ABOTAâ&#x20AC;&#x2122;s 2017 Justice Richard Huffman Award for Civility.

If you know of SDCBA members who received accolades for work of a civic nature, or of passings in our legal community, email information to bar@sdcba.org.

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PHOTO GALLERY BENCH-BAR LUNCHEONS Attorneys and judges from a variety of practice areas enjoyed time together at the SDCBA's Bench-Bar Luncheon series around the county throughout October. Thank you to event sponsors Judicate West, JAMS, Low Cost Interlock, Story Cloud and the Valdez Team.

Want to see more? Like our Facebook page! @sdcountybar #sdlaw

Hon. Gale Kaneshiro, Yahairah Aristy

Hon. David Berry

Luis Mendez, Warren Den

EVENING IN LA JOLLA Photos by Douglas Gates Photography

L-R: Arthur D'Egidio, Jessica Licari, Michael Licari, Jason Whooper

Dean Joan Bullock, Neal Rockwood, Paula Rockwood

46 SAN DIEGO LAWYER November/December 2017

L-R: Jean Walcher, Anthony Ghiglia, Monica Ghiglia

SDCBF Board of Directors

The San Diego County Bar Foundation (SDCBF), the charitable arm of the SDCBA, held its annual Evening in La Jolla event at the Birch Aquarium at Scripps in September.

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Largest Wrongful Death Verdict in Central District of California, U.S. District Court

Largest Wrongful Death Award

in Southern District of California, U.S. District Court

Largest Wrongful Death Verdict

for Death of Child in Orange County Superior Court

Largest Number of 8-Figure Verdicts of any law firm in California

Referrals - It’s a matter of dollars and sense. The attorneys of Panish Shea & Boyle LLP have obtained some of the most significant verdicts and settlements in U.S. History - often setting records with their trial results. With more than fifteen 8-figure verdicts in the last 5 years, no other California firm wins this big as often as Panish Shea & Boyle LLP. Our presence on a case delivers maximum benefits and recovery, both to the client and the lawyer who refers the case. You’ll get the resources, experience and skills needed to win the most complex cases for individuals who have suffered injury from the wrongful acts of others. The firm handles third party cases and joint ventures with attorneys who want to stay more actively involved. Contact Panish Shea & Boyle LLP today to discuss how we may assist you.

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310.477.1700

877.800.1700