San Diego Lawyer July/August 2018 by San Diego County Bar Association

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JUL/AUG 2018

Law + Leisure Practicing Balance

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What U.S. Attorneys Need to Know About GDPR Protecting Client Information

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CONTENTS

Page

Features 21

Privacy Screens A simple and affordable way to help protect client information. By Adriana Linares

Columns 37

Intermittent Fasting The basics of intermittent fasting and how busy lawyers can make it work. By Hali Anderson

Why I Belong Get to know SDCBA member Fanny Cherng.

GDPR What it is and why U.S. lawyers should care. By Bianca Bruno and Devinder Hans

Self-Care for Lawyers The benefits of building one self-care habit at a time. By Rick Waite

Stress Be Banished How local attorneys find peace among the chaos. By Aleida Wahn

Infographic: Being Well at Work Ergonomics tips for your well-being at work.

How I Work What works for me at work. By James Crosby

The Vital Importance of Physical Exercise How exercise staves off burnout and improves cognitive function. By Brent Kupfer

Deans Keeping a check on student well-being. By Niels Schaumann

President's Feature Work-life balance is imperfect. By Kristin Rizzo

Ethics You want to record what? By Edward McIntyre

Social Media Social media for lawyers means much more than distributing content. By Kevin O'Keefe

Open Dialogue A conversation about reduced billable hours. By Christine Pangan

Technology Protecting our clients’ confidential information, our families’ security and our finances is not getting easier. By Bill Kammer

Legal Aid Society of San Diego The journey toward justice begins here. By Gregory Knoll

Distinctions & Passings

Photo Gallery

Issue no. 4. San Diego Lawyer™ (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is 619-231-0781. The price of an annual subscription to members of the San Diego County Bar Association ($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 © 2018 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.

July/August 2018 SAN DIEGO LAWYER 5

501 West Broadway Suite A174

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

Fanny Cherng

Seneca Law Group, Embry Dana Sattro LLP (Of Counsel) Education: University of California San Diego, Political Science Major and Law and Society Minor; Thomas Jefferson School of Law, Juris Doctorate

Co-Editors Edward McIntyre Christine Pangan

Areas of practice: Bankruptcy and personal injury.

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

Julie Houth Michael Olinik Whitney Skala Aleida Wahn Mike Wakshull Teresa Warren

SAN DIEGO COUNTY BAR ASSOCIATION

Proudest career moment: Each and every time I obtain a bankruptcy discharge for my client is a proud moment for me. Someone once told me bankruptcy is the happiest law and it really is. At the end of a client’s case, they are always ecstatic and thankful because I achieved what they wanted, getting rid of their debts and the stress that comes with it. Family: My father, mother, older brother, and all my amazing friends who have helped me get through difficulties in my life. Current area of residence: I live in Ocean Beach, the best beach town city in San Diego.

Executive Director & Chief Executive Officer

If I weren’t an attorney, I’d be a world traveler with my own TV show either eating my way through cities or just visiting and experiencing local life.

Director of Outreach Strategy & Chief Communications Officer

The best thing about being an attorney is my profession will never be robotically monotonous. Every day my legal knowledge in the areas I practice expands, and I get to learn new areas of practice. They call it the practice of law for a reason; the law is fluid and ever changing as society changes.

Ellen Miller-Sharp

Karen Korr

Graphic Designer/Webmaster Attiba Royster

Publications Editor Jenna Little

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Follow San Diego Lawyer! sandiegolawyermagazine @SDLmagazine

Last vacation: Vegas with about 14 of my college girlfriends. Whatever happens in Vegas …. Favorite web site: This is embarrassing to admit, but tmz.com. I habitually check the website during my lunch. It’s a nice thoughtless break from work and the news these days. Hobbies: I absolutely love music, dancing and gardening. Favorite book: Men are from Mars; Women are from Venus because it is just so true. Best concert you’ve ever been to: Coachella, because you can see all the artists you want in one weekend. I’ve retired my Coachella hat though; I’m just getting too old. Favorite food: Any sort of Asian food! I love to introduce my friends to Asian food they’ve never had. Most fun SDCBA meeting: The annual Bankruptcy Law Section's Judge’s Roundtable Dinner. It's great to see everyone in the practice relaxed and casual, especially the judges.

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.

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Do you have a unique skill nobody knows about? People are always surprised at how well I speak conversational Mandarin with no accent. My parents use to send me to Taiwan every summer to learn Mandarin. What one skill has helped you be successful as an attorney? My research and writing skills. If you think of a motion you’re working on as a puzzle you can solve, it gives you that extra boost of determination in writing the best possible motion you can. Do you have a mentor? DJ Rausa, an attorney with over 20 years of experience practicing bankruptcy and specializing in student loans. He has inspired me to have a strong aspiration to help clients get rid of a significant amount of their student loans. What would you most like to be known for? I would like to be known for effective research and writing skills, trail advocacy, and just someone who is fun to be around. What makes San Diego’s bar so special? Everyone in San Diego tends to be very friendly and laid back. Perhaps it’s because of where we live.

July/August 2018 SAN DIEGO LAWYER 7

BY NIELS SCHAUMANN

DEANS

Keeping a Check on Student Well-Being Niels Schaumann

aw school imposes unique pressures on students today, and educators and mentors — including all who work with students or junior lawyers — need to be aware of the factors that affect the well-being of our students and the symptoms of someone in trouble.

foundation for their entire legal career. Students who do not actively prioritize their health and well-being can suffer from sleep disorders, poor eating choices (unhealthy or too much or too little), lack of exercise, starting to smoke (or increasing smoking) or using of mind-altering substances including alcohol.

Law school has never been a picnic, but the pressure law students face has only intensified. It begins with pressure to get into the “right” school, continues with pressure to get a good LSAT score and continues with pressure to do well, get on the law review, get the good internships, and on and on.

It was once stigmatizing to seek help for stress, drinking or drug problems.

The American Bar Association’s 2014 Survey of Law Student Well-Being found that 23 percent of respondents screened positive for mild to moderate anxiety and 14 percent for severe anxiety. And last year’s Report from the National Task Force on Lawyer Well-Being suggests that widespread psychological distress in the profession begins with stressedout law students. The report provides concrete recommendations for law schools, including monitoring students for signs of psychological distress, addressing substance abuse and stress in courses on professional responsibility, discouraging alcohol-related social events, and more. Out-of-control stress, and the issues to which it leads, represent a significant challenge for our community and profession. Students — and lawyers — who are physically, mentally and emotionally healthy perform better. The majority of students manage the stress of law school quite well, but I believe in starting the discussion about well-being from day one in orientation. Starting good healthy habits during the first year provides a solid

“It is important to send the message to students that seeking help is not only OK, it is a sign of a high-functioning professional.” Today, the stigma has been reduced greatly. Nevertheless, it is important to send the message to students that seeking help is not only OK, it is a sign of a high-functioning professional. When law students experience periods of intense stress, whether from exams, oral performances or outside issues such as family or personal situations, we encourage them to seek out faculty, staff, peers or professionals to receive the support they need. One of the advantages of being an independent law school is that we have a smaller bureaucracy and our students get to know staff and faculty relatively quickly. Students enjoy ready access to faculty and staff due to our engaged, integrated approach. California Western’s Cognitive

Wellness Program begins at orientation to provide tools, techniques and resources on staying healthy. We focus on good eating, sleep habits, exercise and contemplative activities such as mindfulness, gratitude practices, meditation, journaling and other tools designed to support well-being. Our integrated programs reach most, if not quite all, of the students. Our Student Center staff met with approximately 800 students between January and June 2018. We also have weekly mindfulness, yoga, intramural sports and healthy community social events throughout the year. Well-being programming occurs in our classroom in our second year STEPPS course as well as part of the first-year and third-year classes. Peer mentorship is also critical — sometimes students need to hear something from their peers rather than from an authority figure. Student leaders can be critical to success. Partnering with over 30 student organizations, we discuss what the current needs of the student community are and then plan activities for the year based on their input. Student organizations also provide a wide range of programming to support well-being at the law school. Finally, there is an outside therapist who sees students (with many visits paid for by the law school). At California Western, we teach that “successful students use all the resources.” Providing an open, supportive learning community, in which students can talk to staff, faculty or peer mentors is part of our strategy to support and engage our students to complete law school, pass the bar exam and thrive in the practice of law. Niels Schaumann is President and Dean of California Western School of Law.

July/August 2018 SAN DIEGO LAWYER 9

WORK LIFE BALANCE My three-year-old heard me on a short — but 6 p.m. — phone call the other day and asked, “Mommy, are you talking to your friend Bob again?” “Wow,” I laughed to myself, since Bob is my cocounsel. “I must be bringing a bit more work home with me these days for her to know Bob so readily as my friend!” For most of my career, I think I’ve done a solid job of being highly productive during the work day, and hard-switching to my home life once the work day is over. In fact, I’ve always prided myself on leaving work at work. But sometimes busy practices, technology, and everything else we attorneys do to further our professional development, gets in the way of a perfect work-life balance. Work-life balance means something different to everyone, but through it all, some key personal techniques, as well as leaning on the resources offered by the San Diego County Bar Association (SDCBA), have helped me find ways to make balancing competing demands easier and more enjoyable. And, what I’ve come to learn is that work-life balance is imperfect and requires flexibility. To me, success doesn’t mean doing it all, and balance doesn’t allow for doing it all at once. Here are some ways I’ve been able to find my imperfect balance while running my own employment law and mediation firm, being an active member of the legal community (currently serving as SDCBA President), and a wife and the mother of two amazing girls.

10 SAN DIEGO LAWYER July/August 2018

1. Develop strong partnerships at home and at work to allow for increased balance. 2. Take necessary time to away from the office and time to unplug. 3. Build your network — it doesn’t have to be hard work. Find your fun! Partnerships at home and at work can be key to finding the right balance. At home, my husband and I communicate early and often about our schedules and he understands that my work and my current role as President necessitate some early morning and evening engagements. We make sure to take time to go on dates and enjoy time together as a family and incorporate rare but necessary time alone. Our partnership ensures a happy and collaborative marriage, while we share the joys and demands of raising our daughters and continuing to build our respective careers. Professional partnerships are equally as important to finding balance. Having the help of a co-worker, such as an assistant, paralegal, or attorney, to share the work of a busy practice can allow for balance. But for a small or solo-practitioner, where that type of support may not be available, an informal partnership with a co-counsel or other colleague with whom you can team-up or seek professional support, guidance or mentorship, can be a key way to reduce stress, gain knowledge, and improve work quality. I’ve found that for me, having mentors I have been able to lean on through different phases of my career has been important for gaining guidance

and perspective. When new lawyers ask me how I got to where I am today, I always say I’ve been lucky to have had a lot of people guide and teach me and show me different paths to success. Time away from the practice is also a key component to well-being, which ultimately leads to being refreshed and ready to come back and provide high quality representation to the clients we serve. In this technologically-connected era, it’s hard for us to “unplug.” However, taking a break, both mentally and physically from our work, is important. I believe, without breaks, we are more prone to errors and our ability to be creative is diminished. Whether it’s getting out of the office for fresh air or exercise, getting a massage (one of my relaxation techniques), taking a long weekend or vacation, finding time for one’s self care and attending to one’s well-being is crucial. If you’re an associate, and not sure what your partner’s expectations will be while you’re away, you should communicate open and honestly to understand the expectations of the firm, the demands of the clients, and your needs for taking a break from work. A firm environment can offer coverage of your work while you’re away, but be open to communicating about needs and expectations. If you don’t work at a firm, find a colleague from whom you can request coverage during a much-needed time away. And don’t forget to return the favor. Networking can help you build relationships for business development, your career goals, and just for fun — and it doesn’t have to be hard work. The SDCBA offers fun, unique ways to connect with your community. You can network on the waves with the Wetsuits surfing group, or on the trails at a hiking meetup, at a beach cleanup, social events on our terraces, a book club meeting, or at volunteer events such as the recent San Diego Pride Parade. At the Bar Center you can reserve a conference room, use the

complimentary Wi-Fi and enjoy some snacks while you get some work done between meetings or court appearances downtown, or just take a break and catch up with other attorneys. The SDCBA offers a way to connect for just about everyone. Networking should be meaningful and fun. Find your fun at the SDCBA! Work-life balance is imperfect, and a bit of a moving target. A successful work-life balance, to me, means striving to reach all of one’s goals — just maybe not all at once! Pace yourself and enjoy the ride. With some techniques to allow time for self-care while managing the responsibilities of practicing law, we can find the right mixture of work, family, fun and relaxation to make life in the law a satisfying and rewarding pursuit.

Kristin Rizzo 2018 SDCBA President

Kristin finding some fun and balance this summer between litigation, mediation, workplace investigations and her SDCBA Presidency, as she and her family fuel up before heading to Disneyland.

July/August 2018 SAN DIEGO LAWYER 11

BY EDWARD McINTYRE

ETHICS

You Want to Record What? Think twice before pressing record

uncan hovered at Macbeth’s door, another man in tow. “Can we disturb you, Uncle? My friend,

Smedley.” “You have. But come in and take a seat. Shall we invite Sara to join us?” When everyone was comfortable, Macbeth turned to Duncan: “Did you and Mr. Smedley have a question for us?” Duncan nodded toward Smedley. He started. “I have an office here. Also one in Phoenix. Got a couple of difficult clients at the moment. Don’t like questions they’re asking. Stuff they’re saying. I think it’d be good if I used my Phoenix office to talk to them. Record the calls.” “Because Arizona is a single-party consent state?” “Precisely. California requires both parties to agree.”

CARTOON BY GEORGE BREWSTER JR.

“Your concern is ethics?”

“Among other things, but yes.”

“So —”

“As a California lawyer, you’re still governed by our Rules of Professional Conduct. And our State Bar Act.”

“And, of course, section 6068 (e)(1) and rule 1.6 still require us to protect client confidences and secrets at every peril to ourselves. That did not change.”

“OK.” “Let’s look at this based on the new rules that go into effect November 1.” “Makes sense to me.” “Rule 8.4, subdivision (c) says it is professional misconduct to engage in conduct involving dishonesty or deceit or intentional misrepresentation.” “OK, but —” “And rule 4.1 prohibits making a material false statement to a third person when representing a client.” “But —” “Then, rule 1.4 requires a lawyer to keep a client reasonably informed about significant developments relating to the representation.”

“Yeah, but —” “Finally, we have our duty of loyalty. Hallmark of our profession. Key to our relationship with a client.” Macbeth looked at all three young lawyers. “Against this backdrop, how would you analyze surreptitiously recording a client’s call?” Sara spoke first. “When the ABA reexamined an older opinion in 2001, its committee on ethics and professional responsibility was divided on whether a lawyer could record a client call without a client’s knowledge. But the committee agreed it was inadvisable to do it.” Macbeth nodded. “State Bar opinions across the country are split on nonconsensual taping, even where it’s legal. They don’t give us much guidance. So let’s look at it with fresh eyes.” Duncan spoke. “Can’t hurt.” Macbeth picked up the thread. “Is surreptitious taping a client’s call deceitful conduct, under rule 8.4(c), at least implicitly? And if rule 4.1 prohibits a lawyer from making false statements to total strangers, do we not owe a special duty of genuine candor to clients?” Smedley spoke. “Lawyers take notes of calls with clients all the time. Or dictate memoranda. What’s the difference?” Duncan shrugged and nodded. Macbeth spoke. “Good question. When a lawyer takes notes, don’t we have — for the most part — the lawyer’s impressions of what the client said? Even when the lawyer puts down a quote or two, we don’t have a recording that captures the ‘client’s July/August 2018 SAN DIEGO LAWYER 13

E ETHICS exact words, no matter how ill-considered, slanderous or profane’ as the ABA opinion expressed it.” Smedley spoke. “True but —” “Then don’t we have to consider the embarrassment and harm to the client if the recording falls into unfriendly hands. By operation of law. Or inadvertent disclosure. Or even illegally. Don’t we agree that the recording would be much more damaging to the client than just the lawyer’s notes?” Smedley again. “Well sure, but —” “If we have the duty to preserve our client’s confidences and secrets at every peril to ourselves, don’t we put that obligation at risk by making secret recordings of client conversations? What countervailing good do we serve by doing it?” Smedley spoke. “As I said, I don’t like stuff these clients are saying. Questions they’re asking. Frankly, I need to protect myself.” “Aren’t there better ways to protect yourself, as you put it? If the relationship is deteriorating to the point you think you need to tape their calls, maybe you should disengage.”

Smedley just shrugged. “Let’s also consider the duty to keep a client reasonably informed about significant developments. Do any of us think that secretly recording a phone call is not significant? It’s certainly a development in the representation. I think rule 1.4 also has a role to play in this discussion.” Smedley looked down at his hands. “What about your duty of loyalty to these clients? How would they react if they learned of the secret recording?” “Pissed.” Macbeth nodded in agreement. “Rightly so.” Smedley looked up. “So you think it’s wrong?” “Given the rules and principles we considered, I think it’s unethical. Could a State Bar prosecutor make out a discipline case against you to a clear and convincing standard? Hard to say. Could one of your clients assert a breach of fiduciary duty claim against you, using the rules to define your duty to the client? More likely — in my view. Is there a single black-letter rule I

can point to that says it’s verboten? As we saw, no. Yet I conclude it’s unethical for a California lawyer to do it — at least after November 1.” Sara added: “As the ABA said in 2001, although it couldn’t reach a conclusion about the ethics of secretly recording a client’s call, the committee agreed it was inadvisable.”

Editor’s note: The ABA opinion to which Sara referred is Formal Opinion 01-422 (June 24, 2001), which cites some of the State and County Bar opinions on the subject. New and revised Rules of Professional Conduct are effective November 1, 2018, in California.

Edward McIntyre (edmcintyre@ethicsguru.law) 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.

SOCIAL MEDIA

BY KEVIN O'KEEFE

Social Media for Lawyers Means Much More Than Distributing Content Five reasons why social media is a heck of a lot more important to you than using it to distribute content

cringe when I hear legal marketers discuss social media as a means for distributing content.

It’s as if they didn’t get to the first word in social media — “social,” meaning getting to know and enjoying other people. Here’s five reasons why social media is a heck of a lot more important to you, as a lawyer, than using it to distribute content. First, social media is a how we, as a society, interact today. We communicate and get to know each other online. If you’re not using social media, how can you credibly engage and connect with people? Look at the numbers: 79% of online Americans use Facebook, 32% use Instagram, 29% use LinkedIn, and 24% use Twitter. Americans are living on social media. 76% of Facebook users visit the site at least once a day, and over half of Facebook’s users visit several times a day. Second, social media represents an opportunity to learn.

Coach Lou Holtz used to say the only thing that will change you from person you are today and the person you’ll be five years from now are the books you read and the people you meet. Social media delivers this in spades, though in short-form media, versus books.

“79% of online Americans use Facebook, 32% use Instagram, 29% use LinkedIn, and 24% use Twitter.” By using Feedly as your news aggregator you may monitor sources (blogs, newspapers, trade periodicals) and subjects

(terms of art, cases, companies). Not only will you, as a lawyer, stay abreast of developments in your field, you’ll build a network to kill for by connecting with the knowledgeable people whose items from Feedly you share on social media. Third, social media provides you with the opportunity to build a name for yourself. While some lawyers are chasing attention through SEO, Adwords and distribution services, you’ll be building a name. A name that lasts a lifetime. By focusing on a niche area of the law or locale, effective social media use enables you to establish yourself as a “go to” lawyer. Fourth, social media enables you to build and grow relationships far faster than you can offline. Along with a name, relationships are how good lawyers grow their book of business. By sharing other’s content on Twitter you not only build a name in a niche, you build relationships with the people who favor what you’re sharing. When blogging, reference what influencers are discussing. You’ll build influence with

July/August 2018 SAN DIEGO LAWYER 15

S SOCIAL MEDIA them, and soon see them referencing what you’re blogging. In time you’ll be connecting and meeting with these influencers. Share your blog posts on LinkedIn not just as a means of distribution, but as a way of getting to know the people you’d like to meet — you’ll find them liking and commenting on your posts. By friending on Facebook people who can add value to your life (business associates, referral sources, association leaders, reporters, executives), you’ll be surprised how you get to know others you’d have never known otherwise. People who are more apt to respond to a message from you on Facebook messenger than an email. Look at content as the currency of networking — of building relationships. Who you meet and the relationships you build are much more important than the “content” itself. Fifth, social media is the great equalizer. Never before could you, as an individual

“By friending on Facebook people who can add value to your life, you’ll be surprised how you get to know others you’d have never known otherwise.” lawyer on your own, build a name and relationships as fast as you can with social media. Large law firms offer their lawyers the power of sophisticated marketing and public relations. Today, a lawyer effectively using social media can achieve more than lawyers in multi-billion dollar law firms.

information on social media. For many Americans, social media has supplanted the newspaper and television as their leading source of news. But don’t miss the more important things social media provides you as a lawyer — much more important things than distributing content. Kevin O’Keefe (@kevinokeefe) is the CEO and founder of LexBlog.

This article originally appeared on LexBlog.com and is reprinted here with the author's permission.

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BY CHRISTINE PANGAN OPEN DIALOGUE

Balancing Values Christina Morgan, Withersworldwide

Susan Nahama, Klinedinst PC

A conversation about reduced billable hours

ou may have heard of the “reduced hours” programs that many firms have, but how does it actually work? According to Michael Attanasio, at Cooley LLP, for example, anyone with good reason can request an arrangement and still be considered for partner at the appropriate time. We asked attorneys Christina Morgan and Susan Nahama about their experiences in similar programs at different firms.

Christine Pangan: How does your program work?

How did you request the program from your firm?

Christina Morgan (CM): I was doing 2,200 billable hours and going to law school at the same time. It was insane. [Luce Forward] gave me the option of going to an 80 percent reduced schedule — I think it was 32 hours so I could still maintain my benefits. But what ended up happening was they reduced my salary and I still had as much work coming in. It wasn’t like someone was going, “You’re 80 percent, so let’s give you 20 percent less work.” That was my experience in a nutshell.

SN: We were in discussions about how and when, and if, I was going to come back at that time from maternity leave with my second [child]. They were willing to discuss alternative arrangements. I just basically asked.

Susan Nahama (SN): I’ve been [at Klinedinst] since 1995. I was the first person to go on a flexible arrangement and it’s been fluid and changing. I’ve been doing it for 12 years in one form or another. In 2006 after having my second [child] I realized, similar to Christina, that the work load in litigation, is like, how’s this going to work? Because clients don’t know, judges don’t know you’re on a flexible schedule — CM: and don’t care — [everyone laughs] SN: Right? “I don’t come in on Fridays” doesn’t really work. I’ve done everything from job sharing with another female partner, to a 50 percent arrangement. Now I’m currently at a 70 percent arrangement. Different things have worked better than others, but most importantly was the firm’s willingness to work and find a solution that would benefit everybody.

Was it reduced, depending on the percentage of reduction, the same reduction in pay? SN: With my arrangement, it is. I can’t speak to all arrangements. The firm needs to be profitable off of you whether you’re full time or part time; as a function of that, I can imagine they would look at things like your hourly rate, your business coming into the firm, your overhead. I think it really depends on all of those factors — that’s where negotiation comes in. You have to know your value to the firm. CM: A big thing for me was having medical insurance. But if you were saying I don’t need insurance, I have it through someone else — a parent, a spouse — your arrangement could be different based on that. SN: Another thing for me was adding value to the firm in other ways; it doesn’t have to be monetary. Doing things like running the mentor program, or attorney training within the firm. Did you see a trend in terms of other scenarios besides lawyers who are having children?

CM: I’ve seen it where someone’s spouse has gone ill, or something like that, and they’ve gone on to be a caretaker for them. SN: I’ve seen attorneys who are heading toward retirement who want to gradually decrease their billable hour requirement. We have people doing all kinds of things — pursuing other interests, writing books. What are the benefits to a reduced schedule? CM: I didn’t have to stress about meeting such a high billable requirement. You don’t have that in the back of your mind even if you are able to meet it. There wasn’t the same pressure. When you were saying that you still did as many hours, is it because you have a deadline, so you had no choice but to work those hours? CM: Exactly. And you have people in your practice group, right? So it can only be distributed in so many ways. And especially as a law clerk or associate, certain tasks are delegated to those people and there’s a finite amount of people who can do that work. Did you end up making the same amount of billable hours anyway? CM: Yes. I think I did it for a semester. SN: To echo that, I think the benefit is the formalness of the reduced expectation. And obviously the benefit for whatever you’re doing it for. In my case, I wanted to be a present mom and I didn’t want there Continued on page 41 July/August 2018 SAN DIEGO LAWYER 17

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BY BILL KAMMER TECHNOLOGY

Cybersecurity Redux Protecting our clients’ confidential information, our families’ security and our finances is not getting easier lthough October is National Cyber Security Awareness Month, the dog days of summer may be a good time to review our professional and personal security. Newspapers daily report incidents of hacking, malicious invasions, phishing attempts and resident malware. Penetrated environments include email, online transactions and residential Wi-Fi. The latest incidents include LabCorp, Ticketmaster and a reported 50 percent of U.S. retailers including Macy’s. Threat vectors include “internet of things” (IoT) devices such as robotic vacuums, DVRs, pacemakers and webcams. And the threats are not some remote concern: San Diego International and John Wayne airports are among the nation’s most cyber insecure airports.

Protecting our clients’ confidential information, our families’ security and our financial tranquility is not getting easier. For a summer checklist, begin with enhanced passwords and a password manager.

Length remains the most effective way to protect passwords and passphrases, and a password manager allows complexity and diversity without incredible memory tricks. I have no financial investment in any company whose name I might mention, but my preferred password manager is LastPass, in either its free or low-priced premium version.

Online Activities We must work hard to protect ourselves against unnecessary disclosures resulting from our online activities and social media usages. Ensure that family members don’t unnecessarily disclose information that could cause identity theft, financial risk or abuse. Because of the European privacy legislation (GDPR) that took effect several months ago, we are constantly advised to accept cookies, consent to the collection of information, and allow sales overtures. Many can be answered “no” without denial of service, but we also have to guard against changes and updates that reset our

preferences. Careful reading of the requests for permissions is a constant requirement. Ever wonder why a flashlight app wants to access your contacts? Almost all financial information exchanged with institutions or internet merchants should be provided within a virtual private network (VPN), and all logins should take advantage of the two-factor authentication now offered by most institutions and also by cloud accounts such as Gmail and iCloud. Financial transactions should never be concluded with a debit card, but rather with a credit card, enabling substantial protection against subsequent misuse by a bad actor. When offered the opportunity to leave credit card information on file on the merchant’s website, the answer should be a resounding “no.”

Home Security Modern life now involves many devices categorized as “things” linked through the July/August 2018 SAN DIEGO LAWYER 19

T TECHNOLOGY internet. They include doorbells, security cameras, baby cams, small appliances and home entertainment. Most link to our home Wi-Fi networks through a router that connects to the internet with a modem. Bad actors regularly attack routers. A recent study found that 25 percent of scanned routers were vulnerable to attack. A first step should be to implement current FBI guidance to reboot our routers to stop Russian-linked malware. We can also enhance security with changed and enhanced passwords. Similarly, most of the devices we purchase for our smart homes come with poor security due to the pressures of a competitive marketplace. As the price of these devices declines, the incentive of manufacturers to provide robust security also diminishes. If we cannot individually enhance the security of and access to these devices, we must establish a robust roadblock at the point where the internet comes into our residences. Avira, a respected manufacturer of antivirus software, has just released a free scanner that will help protect our home networks. The Avira Home Guard app is available for Windows desktops and Android mobile devices. It will scan a home

network and identify all devices connected to it, including devices we are not aware of. It will also scan a network for known vulnerabilities and suggest remediable changes to eliminate them.

“As the price of [smart home] devices declines, the incentive of manufacturers to provide robust security also diminishes.” When we scan for devices connected to our network and attempt to identify them, we wander into the world of MAC (media access control) addresses. They are the physical address of any wireless device, usually visible in the device’s “About” settings as the “Wi-Fi address.” They are unique to every wireless device in the world. Using that uniqueness allows

identification of all devices. If we wish, we can only allow devices with particular MAC addresses to access our home networks.

Professional Security All these admonitions apply equally to our work environments. As a profession, we continue to be soft targets for thieves of our information and that of our clients. Few lawyers and law firms have the information and personnel to establish robust cybersecurity defenses. Many have stored that information “in the cloud.” We have an ethical obligation to protect that information, and name-brand companies are far better at cybersecurity. None will provide perfect security, but each represents a better alternative to stave off modern cyber-threats. The computer and internet talents of nation states and cyberthieves will always threaten, but we will have done our reasonable best to protect ourselves, our families and our clients.

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

TECH TOOLS & TIPS Keep up with technology through the SDCBA.

#BarBytes are weekly tech tips. Find #BarBytes in SDCBA emails, on social media or at www.sdcba.org/barbytes.

Attend one of the SCDBA's monthly #TechTuesdsay programs, hosted by SDCBA Member Technology Officer Adriana Linares.

Find tech articles and chat with Adriana Linares about tech in your practice at www.sdcba.org/lawandtech

TECH

Privacy Screens

A simple and affordable way to help protect client information By Adriana Linares

houlder surfing: it’s a thing. How do I know? Because I’m a pro. A hard-core perp. My mental breaks are taken by peeping over your shoulder to watch your movie, read your texts and emails, or review your client’s confidential legal documents with you — hey, I’m here to help! Well, truth is, I’m just looking around but people make it so easy. No one uses privacy screens (well, at least one of us does) and just about everyone over 40 has HUGE FONTS (thanks, presbyopia). This makes the act of shoulder surfing easier than ever. Until recent years, this act of privacy invasion was employed primarily for stealing calling card numbers and pins at public

phones or ATMs and the like. Today, the illicit practice has evolved into a social engineering technique used to obtain all sorts of personal, private and confidential information. It’s an attack that can be performed with no technical skills, no technology in hand and at close range in an intimate or a public place. In fact, the more crowded, the better! As a very mobile professional, I am regularly on

airplanes, buses and trains; I work from coffee shops, bars and hotel lobbies. I sit in crowded seminars, packed airplanes and wait in long lines with everyone else and their devices. I’m no longer amazed at how oblivious people are to the information they so readily display. And while it would be nice to have a “reasonable expectation of privacy” when we expose our screens to nosy passersby in public places, we don’t. But we all know the reality of having a mobile practice and living in a modern world — we move, we work. So what can you do to help enforce your duty to protect your clients’ information? Aside from opting to work only from the confines of your home or office, an excellent and simple first line of defense against this

July/August 2018 SAN DIEGO LAWYER 21

TECH type of data breach is a privacy screen. A

privacy screen helps prevent those sideeyers from getting a side view. Similar to the way vertical blinds work, they use “black out” technology that darkens or discolors the screen from any side views, making the screen hard or impossible to read at an angle. To the person next to you, your device will look like it’s turned off or mirrored but to you, the screen is not distorted or otherwise impaired.

Side Benefits Today, privacy screens are available for cellphones, tablets, laptops and even desktop monitors. They also have many “side” benefits (Get it? See what I did there?). They can double as incident protectors against falls or bumps. Many people suffer visually or get migraines because of screen glare and office lights; these filters can also reduce reflections on those light-sensitive eyes. If you’re a night owl, they can even reduce “blue light.”

Things to Consider When Shopping Screens designed for mobile phones are going to be touch-compatible but be sure to look for that as a feature if you are shopping for your tablet or touch monitor. You may see options for matte or glossy finishes or a filter that has both (on either side). As with regular monitors, glossy displays show colors and contrasts better but reflect more, while matte screens are

“A privacy screen helps prevent those side-eyers from getting a side view.” better at preventing glare but may appear a bit more dull. Does your monitor have a bevel around the edge or is it perfectly flat? Do you use a phone cover that wraps around the edges of the phone? Be sure to consider these features as you look for the perfect filter.

Will you have to remove the screen on occasion to share with others? Many will attach with small Velcro tabs making it easy to pull them off and re-attach them. Personally, I have four laptops that I might travel with (one Surface, one Surface Pro, a MacBook and a Chromebook) so I have one privacy screen that mostly fits all of them and I just prop it against the screen when I log in. Of course, you can choose to permanently attach the filter to your monitor. Cautionary tale: I was about to return a new Surface because the battery was draining overnight. Took me a while to figure out that when I left the privacy screen in the tablet and “closed” the lid, it couldn’t close firmly, leaving the device on all night. The best way to start researching options is by a simple search, but be sure to include your exact device: “privacy screen for Surface Pro 4” / “privacy screen for iPhone 7 Plus.” Of course, don’t be afraid to buy, try and return. Take a few minutes to read the user reviews plus those great Q&As on Amazon. You’ll be glad you did because there’s a lot more to these things than meets the eye.

Does your device use facial recognition, or do you use the camera frequently? If yes, look for a screen built for your device so it will have a notch cut out for the camera.

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Adriana Linares (mto@sdcba.org) is the Member Technology Officer for the San Diego County Bar Association.

GDPR WHAT IT IS AND WHY U.S. LAWYERS SHOULD CARE

24 SAN DIEGO LAWYER July/August 2018

TECH

What You Need to Know About the Seismic Change to Data Protection Policy By Bianca Bruno

his summer, a historic change was made to international data policy regulation: the EU General Data Protection Regulation (GDPR) went into effect May 25. The GDPR replaces the Data Protection Directive and is designed to synch data protection laws across Europe and protect data privacy of European citizens.

But this new data regulation across the pond doesn’t just affect European companies and citizens — it also affects U.S. lawyers whose clients do business overseas. Here’s what you need to know about the GDPR and how it will affect you: What is the GDPR? The GDPR creates a central data protection policy across the European Union (EU) by requiring all customer data to be portable and imposing strict regulations on those hosting and processing the data worldwide. For example, companies must be able to delete their customers’ personal information upon request or be able to transfer that information to another supplier with an audit trail that shows the personal data was handled correctly. The GDPR contains many data management requirements aimed at protecting personal information.

What major changes does the GDPR make to data privacy? The GDPR comes with extended jurisdiction, as it applies to all companies that process the personal data of subjects that reside in the EU, regardless of the company’s actual location.

Given how technologically connected the international business community is, this new law truly affects anyone who does business internationally. Major business sectors such as technology, financial services, real estate and hospitality are likely affected by the GDPR and should have procedures in place to comply with the regulation.

How does the GDPR affect the work of U.S. lawyers? Companies you work with will need to have procedures in place to monitor data processing procedures to ensure they are in compliance with the GDPR. That means they may come to you, as a legal advisor, for advice on what the new rules mean for their business practice. The GDPR not only affects business clients, but also the way lawyers work. July/August 2018 SAN DIEGO LAWYER 25

TECH

When it comes to conducting e-discovery in litigation matters, the GDPR adds a new challenge to collecting documents — in addition to creating a new level of transparency — because the regulation requires data subjects’ consent to transfer their personal information. If a person wants to pull consent from allowing their

Have a “clear” list ready for data that should be deleted — under the GDPR personal data cannot be stored longer than needed and should be deleted within a certain timeframe. Get in touch with your cloud service provider — which is considered a data processor under the GDPR — to confirm how they are processing personal

“THE GDPR NOT ONLY AFFECTS BUSINESS CLIENTS, BUT ALSO THE WAY LAWYERS WORK.” personal information in those documents from being reviewed, those documents may have to be pulled from the e-discovery process.

How can you ensure you and your clients are in compliance with the GDPR? All customer information — from marketing to customer relationship management systems (CRM) to invoicing systems — should be centralized. Employees should be trained on where personal data can be inputted; only give access to employees who truly need it and control what types of customer information employees can access, delete or modify.

data and that they are complying with the GDPR. If your cloud provider breaches the GDPR, you could still be held liable. Make sure to have processes in place for notifying employees and customers in the event there is a data breach. The GDPR also requires that customer user agreements — which typically included legalese that was complicated and hard for customers to understand — be written in plain language to let customers know exactly what type of data is being collected on them. Make sure your law firm and your clients have updated your user agreements to reflect this change.

What penalties are there for noncompliance? Failure to comply with the GDPR can come with a huge price tag: you could face up to €20 million in fines or four percent of a company’s annual global turnover, whichever is greater. This is the maximum fine for serious infringements such as not having sufficient customer consent to process data. The GDPR has a tiered approach to fines, with lesser offenses resulting in lower penalties. Top tech companies such as Google and Facebook have already been accused of non-compliance for not letting consumers restrict what data is collected on them — they are given the option to either let the companies collect a large amount of personal information or to opt out of using the services. To ensure compliance, tech companies such as IBM offer a step-by-step system to help clients manage data security and reduce risks of data breaches. For more information on the GDPR and new data processing requirements under the regulation go to the European Commission's website at ec.europa.eu. Bianca Bruno (bianca.bruno1@gmail.com) is a freelance writer.

FOR AN IN-DEPTH ANALYSIS ON GDPR, read "The General Data Protection Regulation" by William Marshall on the SDCBA's Blawg401 at: blawg401.com/the-general-data-protection-regulation.

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Data Privacy in the U.S. and California, and the Influence of GDPR By Devinder Hans

TECH

aws are a combination of values and social engineering, reflecting basic assumptions about norms of behavior but also attempting to influence and control conduct. With the General Data Protection Regulation (GDPR), the E.U. established comprehensive sector-neutral regulations to protect its citizensâ&#x20AC;&#x2122; fundamental right to data privacy (as declared in Article 8(1) of the Charter of Fundamental Rights of the European Union). In stark contrast, the U.S. privacy status quo is a fragmented assortment of sector-specific and state-by-state laws and regulations. A Brief Overview of U.S. and California Data Privacy Statutes In the U.S., the privacy of personal financial information held by financial entities is regulated by the Gramm-Leach-Bliley Act (GLBA). Financial institutions must protect consumer information, notify consumers about information-sharing practices and provide a right to opt out of certain sharing practices. The California Financial Information Privacy Act (FIPA) provides additional consumer rights to limit the sharing of personal financial information. Additionally, the federal Fair Credit Reporting Act (FCRA) protects the accuracy and privacy of personal information maintained by consumer credit reporting agencies. Consumers have a right to review collected information and dispute incorrect or incomplete information. Disclosure of credit reports is limited, however credit bureaus may share information with business affiliates for marketing purposes as long as consumers are able to opt out. Personal health information is protected by multiple federal and state laws. The

federal Health Insurance Portability and Accountability Act (HIPAA) regulates the privacy of medical and health care information held by health care entities. HIPAA-covered entities include health plans, clearinghouses, certain health care providers and any business associates engaged to help carry out their health care activities. Covered entities must protect personal health information, and disclosure generally requires patient authorization. Patients also have a right to examine and obtain a copy of their health records, and to request corrections. Californiaâ&#x20AC;&#x2122;s Confidentiality of Medical Information Act (CMIA) provides greater, and more broadly applicable, privacy protections. CMIA applies to individually identifiable health information held by both employers and health care providers. It also defines health care providers more broadly than HIPAA, including, for example, developers of software or hardware designed to maintain medical information. Additionally, the California Patient Access to Health Records Act (PAHRA) gives consumers the right to see and copy (with certain exceptions) July/August 2018 SAN DIEGO LAWYER 27

TECH

their medical records as well as provide corrections. Finally, the California Insurance Information and Privacy Protection Act (IIPPA) establishes standards for collection, use and disclosure of information gathered in connection with insurance transactions such as applications and claims.

“BY FORCING BUSINESSES TO REORGANIZE THEIR DATA PRACTICES TO PROTECT E.U. CITIZENS, THE GDPR WILL LIKELY HAVE A RIPPLE EFFECT ON CONSUMERS WORLDWIDE.”

Electronic data and communications is protected by the federal Wiretap Act, the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA). The Wiretap Act protects against the interception of telephone, telegraph and similar communications. ECPA and SCA provide similar protections against unauthorized access for electronic data while in transit and while stored on a service provider’s system. The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) further amended the SCA to clarify the government’s ability to access data stored in other countries. The Federal Trade Commission’s (FTC) COPPA Rule under the Child’s Online Privacy Protection Act of 1998 (COPPA) applies to children under 13. Parental consent is required before collecting information from children and notice must be provided about what information is collected and how it is used and shared. Parents also have a right to review collected information and refuse further use or retention. In California, SB 568 (Privacy Rights for California Minors in the Digital World) prohibits online services from compiling, using or sharing a California minor’s (under 18 years of age) personal information for purposes of marketing certain specified products (e.g., tobacco, alcohol and firearms). It also allows minors to request that online services remove content posted by the minor unless a specified exception applies. For data breaches, anyone doing business in California (as well as state and local agencies) must provide notifications whenever a person’s personal information has been (or is believed to have been) acquired by an unauthorized person. HIPAA regulations impose their own breach notification requirements on covered entities. Additionally, the FTC’s Health Breach Notification Rule applies to vendors of personal health records, related entities and their third-party service providers, who are not otherwise covered by HIPAA. Finally,

28 SAN DIEGO LAWYER July/August 2018

California imposes additional breach notice requirements for health clinics, health facilities, home health agencies and hospices.

The GDPR’s Influence By forcing businesses to reorganize their data practices to protect E.U. citizens, the GDPR will likely have a ripple effect on consumers worldwide. Some corporations have decided to voluntarily extend GDPR protections to all users, regardless of jurisdiction (although without the enforcement rights). Microsoft has proclaimed that “privacy is a fundamental human right” and announced that it will extend its data privacy tools to users worldwide. Facebook and Apple have similarly started rolling out tools to give users greater visibility into their collected data and provide some ability to delete it. This past June, the state Legislature enacted sweeping GDPR-like privacy protections with the California Consumer Privacy Act of 2018 (CCPA). The CCPA was passed as part of an agreement with proponents of the California Consumer Personal Information Disclosure and Sale Initiative to withdraw the initiative from the November ballot. Effective January 2020, the CCPA requires for-profit business entities that collect consumer personal information and meet certain criteria to provide consumers with more control over collected personal information. “Consumer” is defined as any California resident and “personal information” is defined broadly to include any “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Consumers are provided the right to know what personal information has been collected, request a copy of collected personal information in a “readily useable format,” request its deletion (with certain exceptions) and prevent its sale to third parties. Consumers also have a right to know categories of personal information that have been sold and categories of third parties to whom each category of personal information was sold. Devinder Hans is an attorney at law.

More on GDPR for U.S. Lawyers Hear what others are saying about GDPR and its impact on legal professionals in the U.S. “Twenty-five percent of U.S. [survey] respondents spent over $1 million on becoming compliant with the GDPR. By contrast, in the U.K., only 10 percent of respondents spent over $1 million and in the EU only 7 percent spent over $1 million.” Dan Clark, “In GDPR Compliance, US Companies Lag Behind United Kingdom, EU,” Law.com https://www.law.com/2018/07/12/in-gdpr-compliance-u-s-companieslag-behind-united-kingdom-eu/

Just when you thought it was safe to open your e-mail again without being inundated with updated privacy policies, here comes the California Consumer Privacy Act of 2018 (‘CCPA’). The new law, which goes into effect on January 1, 2020, will expand the privacy rights of California residents and bring some of the EU’s widely discussed General Data Protection Regulation (‘GDPR’) to the United States. Blaine C. Kimrey and Bryan Clark, “California and GDPR ‘Light’: A Match Made in Plaintiffs’ Lawyers Heaven?,” The National Law Review https://www.natlawreview.com/article/california-and-gdpr-light-matchmade-plaintiffs-lawyers-heaven

For companies that are providing products as software-as-a-service (‘SaaS’), the GDPR’s impact is all too real. The EU and U.S. approach the privacy of personal information differently, which is a big part of the problem. Tom Kulik, “Don’t Get SaaS’d: Contractual Tips For In-House Counsel Regarding GDPR Compliance (Part I),” Above the Law https://abovethelaw.com/2018/05/dont-get-saasd-contractual-tipsfor-in-house-counsel-regarding-gdpr-compliance-part-i/

30 SAN DIEGO LAWYER July/August 2018

"If there is a silver lining to the new #GDPR rules for the law firms, it’s that the GDPR could create ongoing work for them." Vince Neicho, “The Surprising News About the GDPR for U.S. Law Firms,” The National Law Journal https://www.law.com/nationallawjournal/2018/06/26/the-surprisingnews-about-the-gdpr-for-us-law-firms/

“[T]he first step is simply to become aware of what data the company controls and where it’s stored . […] This isn’t just a job for the general counsel, but may require a crosscompany effort with members of the IT team, human resources and so on.” Jeff John Roberts, “The GDPR Is in Effect: Should U.S. Companies Be Afraid?,” Fortune http://fortune.com/2018/05/24/the-gdpr-is-in-effect-should-u-s-companiesbe-afraid/

“Follow the data minimization principle. The HR department must be careful about the data it collects from employees because the law states that only information that is necessary should be collected, [Grant] Petersen said. ‘For example, collecting photographs and other information about employees for an employee directory is considered unnecessary, although that is something that we would typically do here in the U.S.,’ he said.” Jeff Florian, “GDPR Has Employers Scrambling to Update Procedures, Avoid Penalties,” Bloomberg BNA HR Blog https://www.bna.com/gdpr-employers-scrambling-b73014476955/?promoc ode=LIPP101AA&utm_source=Twitter&utm_medium=compcontent&utm_ campaign=BloombergBNA

100

LUB

EN PERC T C 2018

THANK YOU 100 PERCENT CLUB 2018 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 2018. Your leadership and dedication to our profession is truly appreciated.

Allen, Semelsberger & Kaelin, LLP Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes Beamer, Lauth, Steinley & Bond, LLP Bender & Gritz, APLC Bernstein Litowitz Berger & Grossmann LLP Best Best & Krieger LLP Blackmar, Principe & Schmelter APC Blanchard, Krasner & French APC Bobbitt, Pinckard & Fields, APC Bonnie R. Moss & Associates Brierton Jones & Jones, LLP Brown Law Group Carothers DiSante & Freudenberger LLP Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Christensen & Spath LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer Collinsworth, Specht, Calkins & Giampaoli, LLP Daley & Heft, LLP D’Egidio Licari Townsend & Shah APC 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 Epsten Grinnell & Howell, APC Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP Fleischer & Ravreby Fleming PC Fragomen, Del Rey, Bernsen & Loewy, LLP Frantz law Group, APLC

Fredrickson, Mazeika & Grant, LLP Frisella Law, APC Garmo & Garmo LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Grant & Kessler, APC Green Bryant & French, LLP Greene & Roberts LLP Grimm, Vranjes & Greer LLP Haeggquist & Eck, LLP Hahn Loeser & Parks, LLP Henderson, Caverly & Pum LLP Hiden, Rott & Oertle, LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins Glatt & Rich LLP 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 & Drury LLP Men’s Legal Center Miller, Monson, Peshel, Polacek & Hoshaw MoginRubin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis, APC Neil,Dymott,Frank,McFall,Trexler,McCabe & Hudson APLC Noonan Lance Boyer & Banach LLP Office of the Public Defender

Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia Lutz & Dolin 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, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Solomon, Grindle, Lidstad & Wintringer, APC 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 Wingert Grebing Brubaker & Juskie LLP Wirtz Law APC Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo

Self-Care for Lawyers By Rick Waite

times, very rarely, I have had transcendent moments surfing when I was one with the wave, the ocean and everything in it.

Shortly after my decision to stop drinking I had an epiphany. My life’s purpose is to help as many people as profoundly as possible. This has been my path ever since. It is why I am writing this article on self-care for lawyers. Self-care for you.

Meditation also feeds my mind and my soul. It has been the most transformative of my daily self-care practices. I have regular transcendent experiences meditating. I often have creative downloads from God, the Source, the Divine, the collective unconscious, my own subconscious, whatever you want to call it. The inspiration to write this article came to me in a meditation. The idea of sharing the gift of meditation with lawyers through the San Diego County Bar Association on Wellness Wednesdays came to me in a meditation. The idea to have a post-surf Saturday

he big changes started about 10 years ago, when I started surfing every day at 6 a.m. instead of getting on the freeway to go to work. Soon I started journaling every day, a practice I started at Harvard my freshman year and engaged in sporadically over the years, usually during times of crisis. Next, I began meditating again. I had learned how to meditate at the Cambridge Transcendental Meditation Center my freshman year and then promptly stopped. A few days after renewing my meditation practice, I quit drinking. Cold turkey. No cravings. No 12-step program. I just stopped.

Surfing, being in the water, in nature, paddling, riding the wave, sitting quietly waiting for the next wave — all these things nurture my body and my soul. A few 32 SAN DIEGO LAWYER July/August 2018

Journaling feeds my mind and my soul. It helps me process conversations, events, thoughts and feelings. It gives me a fresh perspective. It is reflective. I have frequent “aha” moments. Writing is often inspiring and enlightening. A welcome side effect is that journaling every day inspires me to live a life worth writing about.

morning meditation circle with my surfing tribe came to me in a meditation. It is well-known that meditation can offer quick relief from the stress and anxiety that we lawyers face every day. With a daily meditation practice, the benefits are much greater. For many people, establishing a daily meditation practice brings them to a fairly constant state of equanimity, an evenness of mind, calmness and composure that cannot be shaken by events of the day, no matter how stressful. These are my self-care practices. For you, it might be music, swimming, dance, painting, yoga, tai chi, knitting, prayer, cycling, running or rowing. The important thing is to choose something that works for you, that nurtures your body, mind or soul, and that you do every day or almost daily. If you do not yet have a daily self-care practice, experiment until you find the activity that you like to perform that puts you into that altered state called flow. Whatever you choose, it should be easy,

The benefits of building one self-care habit at a time

rewarding and something that you can and will do every day. When you have found that self-care practice, make it a habit. To make it habitual, follow these four simple steps that were articulated by William James, the great 19th-century father of American psychology.

“For many people, establishing a daily meditation practice brings them to a fairly constant state of calmness and composure that cannot be shaken by events of the day, no matter how stressful.”

1. Start immediately. Seize the first opportunity to act on the goal or resolution.

about three years to firmly establish all three daily practices of journaling, surfing and meditation.

2. Launch yourself with zeal. In other words, give it your best.

I urge you to give it a try. If something doesn’t work, try something else until you have found something that is healthy and that nurtures you every day. You will be far better for it. Good luck.

3. Practice the new habit daily until it is engrained in you. 4. Never permit an exception to occur. If you do slip, don’t beat yourself up. Start again. It takes 21 days to begin to form a new habit and 90 days to confirm it. In 120 days the new habit is who you are. If you follow these steps with a self-care practice that you enjoy and make the practice a part of your daily routine, it will change your life for the better. It is probably best not to try to establish more than one self-care practice at a time. Start with one. After you have firmly established that daily practice, add another if you wish. And then another. I chose a crash course in self-care and it took me

Rick Waite (rwaite@keenlaw.com) is an attorney with Keeney Waite & Stevens.

Join a mindful meditation workshop led by Rick Waite at the Bar Center on the second Wednesday of every month. Go to www.sdcba.org/meditation to register.

July/August 2018 SAN DIEGO LAWYER 33

Stress Be Banished How local attorneys find peace among the chaos By Aleida Wahn

ith a hard right hook, a punishing bike ride, the playing of a treasured musical instrument or the exhilaration of the open ocean, stress is magically banished. Hardworking attorneys reveal their go-to formulas for de-stressing during taxing trial days and intense lawyering.

Meredith Levin is a certified family law specialist and knows the deep satisfaction of helping clients through the most difficult period of their lives. Emotions run high in the family court arena, and not from clients alone. Meredith has had to remind more than one opposing counsel that “we are not the ones divorcing.” When stress and frustration rule the day, Meredith turns to boxing. “Boxing is an incredible workout where you burn calories while you learn the sweet science of the sport. Feeling strong can do wonders for your confidence, inside the courtroom and in engaging with opposing counsel. Hitting a bag with my beloved gloves allows me to deal with whatever may be bothering me that day. The act of punching is cathartic, plain and simple. When I am done with my workout, I feel more relaxed and energetic and the best version of myself, so I can help my clients. I would encourage anyone to try boxing. I promise you will feel great and be able to brag about your mean right hook.”

34 SAN DIEGO LAWYER July/August 2018

Keith Greer is a trial attorney through and through, moving from one trial to the next, seemingly without taking a breath. Keith confronts the stress from trial head-on through a razor-sharp focus on winning, and with the unwavering strength bestowed from his wife. “I’ve learned that the key to success is being completely focused and 100 percent committed to winning, regardless of the odds against you. That means there is no time for rest or relaxation during trial. I lost 20 pounds during the recent six-week Rebecca Zahau wrongful death case. During the intensity of a trial, my wife is always an enduring anchor of support. Our connection is unbreakable, and her presence calms me in any situation. After a trial is over, I escape with her to open waters behind the wheel of my boat to clear my head and recharge.”

Peter Liss runs a criminal defense practice representing adults and juveniles. As a former Legal Aid Society attorney and Deputy Public Defender, he has hundreds of trials under his belt, including intense death penalty work. When stress hits, he turns to his bike and friendship. “Through my spin class I met a UCSD scientist and doctor, Albert La Spada, who needed a biking partner. Al designed a grueling ride with hills and switchbacks from Carmel Valley to Rancho Santa Fe. Al was recently named the founding director of Duke’s Center for Neurodegeneration & Neurotherapeutics, yet his example of true humility and focus on family have taught me lifelong lessons. I find after a weekend of riding and spinning and not thinking too much about law, I am able to focus on my work with renewed energy.”

Brian White is a certified criminal law specialist and criminal trial lawyer. To him, making music offers priceless gifts. “Lawyers spend a lot of time using the left side of their brains. As a trial lawyer, I constantly need to find creative ways of persuasion. Playing music — guitar and blues harp — is a great way for me to get out of my lawyer head and access the creative side of my brain. Trial work involves a lot of thinking, but with music, you can’t overthink your playing. The less you think and the more you feel, the easier it is to be in the moment and the better you sound. When you play with other musicians, you communicate with another language. For me playing guitar and blues harp is a perfect way to release stress and transport myself away from the logical lawyer mind.”

Liz Bumer is without stop in the courtroom on criminal and civil cases. Although her expertise may span many fields from criminal matters to civil rights, personal injury and employment cases, she is forever steadfast in her devotion to surfing. “When I am not working, I enjoy being outdoors. My favorite activity is surfing. When I’m not surfing, I paddle with an outrigger canoe club on Mission Bay or paddle a stand-up paddleboard. I especially enjoy road trips to compete in surfing contests or outrigger canoe races. These activities enrich my life and get me out of the office environment. I am grateful for the opportunity to work in the legal field and to be able to surf. I am humbled by both.”

Wendy Patrick has spent decades in the courtroom as a career prosecutor, while also balancing media commentating and international speaking. “One thing I have learned over the years from the trial lawyers I admire is the necessity of balancing stress with satisfaction. I balance my trial schedule with faith and music, definitely in that order. I spend many Friday afternoons dashing from the courtroom to the concert hall to perform with the La Jolla Symphony, and Sunday mornings I perform with my church worship band. During holidays and special events, I have the good fortune to play my electric violin with a rock band comprised of a talented group of fellow prosecutors and defense attorneys. Speaking and teaching internationally does not break my routine. Here I am on a borrowed violin performing with the Handong International Law School worship band in Pohang, South Korea, where I was honored to teach a course on combating human trafficking.”

Aleida Wahn (aleidaindelmar@gmail.com) is an attorney at law.

July/August 2018 SAN DIEGO LAWYER 35

Annual An Evening In La Jolla

10.06.2018

6-10 p.m. at the La Valencia Hotel

The Best Legal Party in town has a NEW look and location. Join us for great food and drinks, mingling, live music and sunset views.

Host - $300 , General admission - $175, Judiciary, government and young attorneys - $100

Presented by:

All proceeds benefit the San Diego County Bar Foundation and legal charities it supports.

Intermittent Fasting

The basics of intermittent fasting and how busy lawyers can make it work By Hali Anderson

wise woman once told me the secret to weight loss: Move more, eat less. Four words. Simple, right?

For me, the “moving more” is the easy part. I get up early at least three times per week to hit a 5 a.m. gym class. I get in my exercise and I’m able to make it home in time to help my kids get ready for the day. I also walk my dogs once per day. Move more — check. Now, for the eating less part … . If you are anything like me, the thought of counting calories after you have spent your whole

day counting billable hours is somewhat daunting. Once I am at the office, the last thing I want to do is stress about how many calories are in the chicken Caesar wrap I just ordered or, worse yet, worrying about how little my dinner will have to be in light of said wrap. For me, counting calories is time-consuming and demoralizing. Unless you are always doing your own meal preparation or you are ordering foods with no seasoning, you never know exactly what ingredients or how many calories you are consuming. But, considering that weight loss is said to be “80 percent diet, 20

percent exercise,” does that mean all hope is lost? Is there any way to ensure I am eating less such that it can result in weight loss without having to resort to the dreaded calorie counting? Fear not. Intermittent fasting is here. Now, I’m sure some of you are already skeptical because of the word “fasting.” “I cannot starve myself,” you are thinking. But, here is the great news — intermittent fasting is much easier than you think. So, what is it? I like to think of intermittent fasting as an “eating pattern,” not an “eating plan.” It does not say anything about which foods you July/August 2018 SAN DIEGO LAWYER 37

“By allowing your body to go into a fasting state, stored body fat becomes more accessible, levels of Human Growth Hormone increases, cellular repair is initiated and insulin levels decrease — all of which are key health benefits.”

should eat, but rather when you should eat them. The most popular eating pattern is called the 16:8, which means you fast for 16 hours of your day and eat during the other eight hours. “Sixteen hours without eating?!,” you gasp! Yes, but for many of those hours, you will be sleeping. So, let’s take a typical eating pattern of someone who is doing the 16:8 schedule. Many people opt for an eating window of noon to 8 p.m., which basically means you are skipping breakfast. You eat your regular lunch as well as your dinner. After 8 p.m., you stick to liquids. As a general rule of thumb, if you drink something with less than 50 calories, then your body will remain in the fasted state. So, your coffee with a splash of milk or cream is just fine. Tea should be no problem either. If you’re really hungry, try some vegetable or chicken broth. The next question is whether you can eat whatever you want during your eight-hour window. And the answer to that is, no, not if you are trying to lose weight. You are still trying to eat less so if you end up eating more in your eight-hour window than you would otherwise eat, you’ll still end up in the same boat. The way I like to think of it is that you are really just shifting your daily food consumption into an eight-hour window, which now means you can spend less time fretting over the calorie intake of every little bite. Whereas before you may have had 600 calories by the time lunch hits, you are now at zero. You can also choose a different time window that works for your schedule. For example, if you think you will get hungry earlier, you can eat from 11 a.m.-7 p.m. Or, maybe you are a late eater or you know you have late dinner plans so you might want to eat from 2-10 p.m. Any eight-hour window works.

But, aren’t you still counting calories? Perhaps. That is up to you. What you at least know is that you are taking in one meal less than you would typically consume so you are cutting out those calories, whatever that amount might be. Note, this is the key: eating less. The 16:8 is just one eating pattern. There are also a few other popular methods: • The 5:2: Eat normally five days of the week, while restricting calories to 500-600 on two days of the week • Eat-Stop-Eat: Do a 24-hour fast, once or twice a week • Alternate-Day Fasting: Fast every other day • Spontaneous Meal Skipping: Skip meals when convenient By allowing your body to go into a fasting state, stored body fat becomes more accessible, levels of human growth hormone increases, cellular repair is initiated and insulin levels decrease — all of which are key health benefits. But, seriously, is this really healthy, you ask? Isn’t it true that “Breakfast is the most important meal?” “Will I still be able to exercise in the morning on an empty stomach?” Yes, it is healthy. No, it is not true that breakfast is the most important meal. Yes, you will still be able to exercise. Of course, you should always ask your physician before trying intermittent fasting or any eating plan, but by and large, intermittent fasting works for a wide range of people. And for someone with a busy schedule, it is a clear-cut and widely accepted way to plan your eating. Hali Anderson (handerson@wilsonturnerkosmo.com) is a senior associate with Wilson Turner Kosmo LLP.

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Being Well at Work: Ergonomics Tips These tips can make a big difference in your physical well-being at work.

Take a five-minute break every hour, at least, to stretch1 Drink lots of water2 Monitors should be no higher than eye-level and should be positioned directly in front of you2 Position your elbows at 100110 degrees1

Keep your wrists straight when using your keyboard3

Place frequently used objects such as your phone in close range to avoid too much reaching 3

Your knees should be at about the same level as your hips when sitting3

Supporting your feet on the floor or on a footrest reduces pressure on your lower back 1

https://www.ehs.pitt.edu/workplace/ergo-tips.html

https://ergo-plus.com/office-ergonomics-10-tips-to-help-you-avoid-fatigue/ https://www.mayoclinic.org/healthy-lifestyle/adult-health/in-depth/office-ergonomics/art-20046169

July/August 2018 SAN DIEGO LAWYER 39

Rick Waite Is

Reinventing Real Estate. And Referral Fees.

As a real estate lawyer and broker Rick has represented individuals and Fortune 500 clients in complex real estate transactions ranging from a Malibu beach front estate to a South Park bungalow. When you refer Rick a client who is buying or selling real estate, there is peace of mind knowing your client is represented by both a sophisticated real estate lawyer, and an experienced broker, at no extra charge. As an added bonus, Rick pays attorneys generous referral fees in accordance with Rule 2-200 of the Rules of Professional Conduct. When you have a client who needs assistance buying or selling real estate, give Rick a call. It’s a win win all around.

» AV Lawyer » Closed over $1 billion in real estate transactions » Recovered over $100 million for clients in judgments, verdicts and settlements » Shareholder at Keeney Waite & Stevens » Owner/Broker of New Wave Real Estate

Continued from page 17 to be any misunderstanding if I’m not in the office for an afternoon. It has paid off in spades for me. The impact [of ] me being able to participate at a meaningful level is worth all of the negatives.

it is all women who are taking advantage. There would be no difference if one of my male partners said they wanted a reduced schedule, but I’m not seeing it.

about your profitability, your overhead, the value you add. Educate yourself so you can propose something that is fair to both sides.

And you wouldn’t think anything of it?

CM: I did feel supported in what I was doing. I didn’t feel like they were trying to overburden me with work [or] like I was being penalized.

SN: No. Not anymore. When I started probably. But now, things are kind of shifting to the work-life balance.

CM: [Have] a few different options in place. Make sure you can offer it, but [if they say no] maybe Plan B works. And be flexible [while you’re] in it, and be flexible over time. Things can change in three months. I think they want to see that you’re willing to put in the hours when you need to, and they’re willing to be accommodating when it’s not as busy.

Are there any negatives you can think of? CM: Just the idea of when you’re not in the office, you are still on the phone. Even if you’re trying to focus on whatever the reason is you’re out of the office, I feel like you’re still tied in. There’s no real way to sever family time, or school time. SN: Every year has been different. The negative of it was that the work isn’t flexible in some regard. I could be flexible with my schedule, but in litigation there are certain things that do not care whether I’m there or not. It meant working at night [and] a lot of weekends to make up for not being present. CM: At [one of my previous firms], they don’t have a flexible program in place. For some of our associates — they weren’t at that stage in their life where they were having children — but it was a factor for them in making their decisions for their career paths and where they went. And when they would approach managing partners, it was treated negatively. I think that is also common. SN: I agree. As firms evolve and see the cost of retention versus losing attorneys, I hope it’s shifting. I think a lot of it is on the shoulders of people trying to implement the program that they set a good example. Did you see men on reduced schedules at the firms you were at? SN: We had a few. We had one who was more senior — near retirement — who was adding a ton to the firm from a mentor perspective and was amazing, so definitely a relationship to maintain. But the majority have been women and related to children. Obviously, anyone at my firm, male or female, can take it. Even the reason isn’t really considered. So I’m wondering why

CM: I think it’s kind of the millennial mindset. It’s so important to the younger generation. But they’re also much more used to being on their devices, so they don’t mind being tied-in at any time. Where I feel sometimes tethered. I feel like it does not bother them at all; for them, this kind of schedule could actually really work.

“Retention can be an expensive endeavor — you can almost always advocate a parttime arrangement over losing someone valuable.” SN: There is a dramatic difference in my flexible schedule when I started than now. Largely because of accessibility. When I started there was an ability to disconnect more. And you’re expected to be responsive 24/7, so I think I felt the benefit a little bit more those first few years when we weren’t so technology-heavy. Now, I think everyone feels it — we’re not disconnected at any time. But that’s not unique to flex schedules. Any tips to consider for anyone who might want to try a reduced hours schedule? SN: If your firm hasn’t done it, do your research. Go in with a plan. Be ready to talk

SN: I think be flexible, be creative. But keep in mind that it’s a business, so you have to show them why, as a business, this is something that they should offer whether it's morale, culture and, again, still be profitable. CM: You also have to know yourself. You may be working in the evenings, on the weekends. If that’s not your personality, then maybe this isn’t going to work for anyone, including yourself. Anything else? SN: I would hope at this point that more firms are open to it. I think that retention can be an expensive endeavor — you can almost always advocate a part-time arrangement over losing someone valuable. CM: I hope it happens more from the firm management down. If an associate has offers where there’s already a program in place, then it’s just easier, they’ll just fall in line. If [management] sees they have people who have a need for whatever reason, maybe then they approach them before they get to the point where they have to reach out and breach the subject, or they have to leave to be accommodated. Christine Pangan (cpangan@yahoo.com) is coeditor of San Diego Lawyer and a lead attorney at Legal Aid Society of San Diego. Christina Morgan is a transactional attorney at Withersworldwide. She was on a reduced hours schedule while at Luce Forward, then McKenna. Susan Nahama is a litigation attorney at Klinedinst. She was recently elected as managing shareholder and will no longer be on a reduced hours schedule.

Read San Diego Lawyer Online! Access the digital edition at www.sdbca.org/SDLdigital July/August 2018 SAN DIEGO LAWYER 41

How I Work I Know, Presumptuous, But … By James Crosby

ow I work! I know, presumptuous. Why would anybody care how I work? But, please read on. Recently, I have become interested in how people work, how they physically do their everyday work — how their desks/ offices are set up, what devices/apps/ software they use and why, how they communicate with clients/customers, what they don’t use and why, how they use tech to market, how they create content, etc. There are multitudes of devices, platforms, apps and software available for us to do our daily work in various settings. More pop up every day. Like all of you, I want to be as efficient as possible in my work, and to utilize the newest devices and technologies to the extent they are cost-effective and

42 SAN DIEGO LAWYER July/August 2018

match my skill set. Plus, I like machines, gadgets, and apps! Sometimes old-school, tried and tested, stuff is best; most of the time, it isn’t, and we need to continually look at new ways to get our work done. So, I’m interested in how other lawyers work, how you work, and why. As a starting point, as a prompt to perhaps get a conversation started, this is how I work. First, as background and for context, I have a solo business litigation/trial practice. On average, I try a couple of cases a year. Try them myself with necessary audio/ video assistance. I usually have 12-15 open matters at any given time. Hourly work, with a few hourly/contingent blends and an occasional full contingency matter. I share office space with two prominent

federal criminal defense lawyers and a smattering of other young criminal defense lawyers — a suite of trial lawyers! I like my office mates very much — fine lawyers, good people. Large space, conference room for depositions and meetings. Shared receptionist who answers the phones. Large printer/scanner if needed. Location in downtown San Diego, two blocks from Superior Court and U.S. District Court. In the past, a part-time legal assistant, but have moved to a full-time paralegal. I work with a fine contract attorney on a project basis. And, occasionally, a research project law clerk from USD. I think a lean, efficient, and professional setting to work up and try cases. I like it.

Computers/Scanners Dell desktops and laptops (one for work, one for trial), fast processors and lots of RAM, each with a standard desktop printer and a Fujitsu ScanSnap iX500 scanner. The scanners are pricey ($500) but well worth it. Great machines, efficient feeds, quick, work flawlessly. Large 36-inch monitors.

Data Storage All my case files are digital. We scan everything and maintain virtually no paper files. It took me some time to get to a true paperless office. The biggest jump was not creating and using electronic files, but, rather, getting rid of the corresponding paper. But, it doesn’t make much sense to go paperless, and still keep the paper. So, something paper comes in, we scan it, put the electronic version in its proper digital case file, and shred the paper. Small jobs we scan in-house. Large jobs: out to a vendor. This is getting to be less of an issue with electronic filing and service in most every case. Physical client documents are likewise scanned and maintained electronically. To the extent we hold physical client documents, we, you guessed it, put them in banker’s boxes in a secure location in the office. My data is stored on Synology-encrypted network-attached storage (NAS) devices. The NAS devices are in a secure location in my office and networked with the office computers. They contain multiple hard drives which in turn maintain duplicate copies of all stored data. So, if a NAS hard drive fails, we would just replace it, all data would be safe and duplicated again on the replaced hard drive. All hard drives on a NAS would have to fail at the same time to lose data. Additionally, each NAS is backedup nightly to an encrypted external hard drive. The NASs are easily expandable to much larger capacities (up to 20TB) — just add larger and/or more hard drives. My case and office files are located on one NAS. It’s all folder-based. Each case has a folder with sub folders for Pleadings, Discovery, etc., each containing the corresponding stuff, in PDF format, maintained in chronological order. It’s just the digital equivalent of old-school paper case files with expanding folders and tabbed clips. Remember that? Data/document productions from opponents and client data/documents are on a separate, much larger, NAS. This NAS is

part of a recent eDiscovery upgrade meant to ensure we can handle the eDiscovery data/document storage and production requirements of most any case. For extra protection, all data on both NASs is backed up continuously online with Carbonite ($112/year). And, the back-up freak I am, I cycle a backup of all my data on an encrypted external hard drive to and from home on a weekly basis. I use Retrospect software to quickly duplicate and then update the data to the hard drive. Needless to say, some very serious stuff would have to happen for me to lose my data. And, with the exception of the cloudbased Carbonite backup, everything is inhouse, encrypted, and password protected.

capture documents in PDF format using the camera. And the audio-recording app described above. Spotify for music. Audible and Kindle for online reading material. (I do confess that in these fast-moving, interesting, often disturbing, times we live in, I have loaded and deleted Twitter from my phone dozens of times — what’s happening now [load] to too timeconsuming [delete] to what’s happening now [load] to too time-consuming [delete] to … . I think I have a problem!). Honestly, I don’t use my iPad too much for work — some email and texting. I usually have my phone and laptop with me if I need to work. I do have the iPad Trial Director app but haven’t used it yet.

Offsite Access

Computer Software

The NASs holding my case and firm data are accessible offsite through encrypted, multiple password-protected, VPNs incorporated into the Synology NAS software. They work great. I can work directly off my case files from my home desktop or anywhere with my laptop. Just

Software not discussed or mentioned elsewhere in this piece: Adobe Acrobat DC ($30/mth). Sharefile ($20/month) to move/ share large files to/from/with clients and attorneys — works great. One of my office mates suggested dtSearch software ($100, I think). I am a big fan. It allows us to search, very rapidly, all my data in any networked

“I cycle a backup of all my data on an encrypted external hard drive to and from home on a weekly basis.” need Wi-Fi, or cellular with the Personal Hotspot function on my iPhone. Except in instances of lousy Wi-Fi or cellular, there is little, if any, keystroke delay working through the VPN. This actually useable offsite file access is something that just a few years ago would have been costprohibitive for all but the largest of firms. Now, amazingly inexpensive.

Mobile Devices iPhone, iPad, Dell laptop.

iPhone/iPad Apps I try to keep my iPhone relatively free of apps. Keep the distractions to a minimum. Two iPhone apps that I do like are Bear, a simple note-keeping app, and Adobe Scan, which allows me to scan and

location (like my NAS devices) using just words or phrases. Super-fast and very effective.

Client Communications Office landline, iPhone, Outlook enterprise email across all devices, iPhone texts — all like most everybody else. And, yes, my clients have my cell number and are encouraged to call outside of office hours if necessary. No worries on my end. I also use MyCase software ($40/month) as a means to allow clients anytime access to case documents and calendars. The client gets a password-protected, encrypted portal to whatever case documents we upload and a calendar of upcoming case events. Clients can access their portal anytime they wish. We post pleadings, July/August 2018 SAN DIEGO LAWYER 43

motions, court notices and orders, some discovery, and other assorted items to the client portals. Been rolling this out to clients over the last few months with a pretty favorable response. It takes some staff time to upload stuff, but, the software is quite easy, and I think giving clients anytime access to case materials and information is well worth the staff time. It’s interesting, I tried this software a number of years ago and, while it worked well, clients just didn’t use it. But, the world has changed rather dramatically since then and I think clients will now use and benefit from this online service. We will see!

as a young lawyer works perfect with Dragon.

Content Creation

On my laptop, a Dell XPS, I have found the resident microphone works remarkably well with Dragon and I have ditched the Bluetooth headset all together. I can simply speak at my laptop and, using Dragon, it creates my dictated content with great accuracy. In fact, large chunks of this piece were dictated by me sitting on the couch, the laptop on the coffee table, using Dragon and the mic resident on the laptop.

Word-processing — WordPerfect. I know, ridiculously old-school! But, I am very comfortable with WP. Word-processing is the simplest of functions and WP is simple software. I think it’s easier and much better-suited for legal work than Word. And the reveal code function is perfect. Plus, I have well-honed templates I have developed over the years in WordPerfect and I use them all the time. Most all content sent to clients is in PDF format to maintain version control over working drafts. So, it doesn’t matter to them. At times, I will use Word, for example, when I am working on a stipulation or an order with opposing counsel. But, otherwise, it's WP. I know, but there it is. Perhaps the biggest change to my practice over the last decade is my increasing reliance on dictation software. I now dictate most everything — emails, memos, motions, orders, pleadings, letters (in those rare instances where I actually send a letter in the mail) — directly into the computer using Dragon Naturally-Speaking software. I use templates and dictate the substance and content into the template. I will edit, and clean things up, using a combination of keys and dictation. But, the more I type the less efficient I become. For me, speaking content is much faster than typing content. And, the recent versions of the Dragon software are simply extraordinary. Fast, remarkably accurate, and the more you use the software the better it gets. In some ways, for me, it is the perfect combination of old-school skills and new-school tech. I cut my teeth as a lawyer dictating most everything onto micro-cassettes for typing by staff. Yes, I am that “seasoned” an attorney. That dictation cadence I learned 44 SAN DIEGO LAWYER July/August 2018

For a long period of time, I used a small Bluetooth headset, but begrudgingly. I just didn’t like wearing that thing. Now, I use a high-end desktop microphone — a Yeti USB microphone by Blue — sitting on my desk next to my monitor. It works great. I can walk around my office and dictate in a normal voice, the mic picks it up perfectly, and my computer transcribes my content with remarkable accuracy. With just a couple Dragon commands, I create, spell check, and send emails verbally, with few if any keystrokes.

With my iPhone, I record stuff using a simple audio recording app and then email the recording to myself. Once back at the office, we can use Dragon to transcribe the audio recording. (I tried the Dragon Anywhere iPhone app and found it clunky and slow; my view, an audio recording for later computer transcription works much better.) So, it all kind of circles back around, but with new tech and less overhead. In 1988, coming from a hearing, I would dictate an order or a notice of ruling into a microcassette and, back at the office, hand the cassette to a legal secretary to type up. In 2018, coming from a hearing, I will dictate an order or a notice of ruling into my phone and then email the audio to my office for my computer to transcribe. Amazing.

Legal Research Westlaw with California and San Diego County forms packets.

Trial Software Trial Director.

eDiscovery As part of a recent eDiscovery upgrade to my office, we now use Eclipse software with all data residing on a stand-alone NAS. This is new software for us. So far, so good!

Time-Keeping/Billing For time-keeping and billing, I use TimeSlips, have for years. Bill monthly, invoices by email. I try to dictate my time entries directly into the program as I do the work, using Dragon. Pretty effective if I use the online eCenter software ($20/month) component for time entry. The TimeSlips program resident on my computers just doesn’t work well with Dragon making verbal time entry cumbersome. The online TimeSlips eCenter alternative works fine with the online time entries later synched to the computer TimeSlips database for billing. It’s OK, but, frankly, a bit cumbersome with a few required extra steps. For that reason, I am considering moving my time-keeping and billing functions to MyCase which also hosts the client portals described above (all for $40/month). It’s cloud-based and appears easy, quick, and intuitive. Plus, easy mobile time and cost entry on a MyCase iPhone app is a significant plus. There are some quirks in the billing component — for example, it can’t keep track of multiple case-specific trust fund deposits from a single client. But will likely make the move.

Financial Quicken — three accounts — checking, trust, tax. I have accepted credit card payments for years through my bank’s merchant services. But, it has gotten cost-prohibitive in light of newer attorney-specific payment services. I recently moved to LawPay. Works fine, simple. So far, so good. That’s about it! How I work. I am always looking for new devices, software and apps, and new ways to do my work, in an ongoing effort to stay efficient and competitive in our fast-paced business. So, how do you work? James Crosby (crosby@crosbyattorney.com) is an attorney at law. The article was first published in Mr. Crosby’s blog, Trial Call, at www.trialtcall.net.

Friend & Patron Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members for their outstanding commitment and generous support in 2018. PATRON MEMBERS Marc D. Adelman

Alexander Isaac Dychter

Laura H. Miller

Doc Anthony Anderson

Sergio Feria

Gerald S. Mulder

Judy S. Bae

James P. Frantz

Victor E. Bianchini

Douglas A. Glass

Jedd E. Bogage

Alvin M. Gomez

Connie Broussard

Charles R. Hayes

Jose S. Castillo

Van E. Haynie

Todd F. Stevens

Andy Cook

Stephen M. Hogan

Kimberly Swierenga

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Charles A. Pinney Teodora D. Purcell Johanna S. Schiavoni

Andrew H. Wilensky

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SAN DIEGO COUNTY BAR ASSOCIATION

The Vital Importance of Physical Exercise By Brent Kupfer

e intuitively know that we should exercise, yet few of us can articulate the reasons why. Certainly, there are many benefits, but this article focuses on two that are particularly relevant to the legal profession: (1) Exercise staves off burnout; and (2) exercise improves cognitive functions. Bonus: for those who are struggling to get moving, see the motivational tips included at the end of this article. Burnout It’s no surprise that lawyers suffer from chronic pressure. The stakes are high, the deadlines are imminent, and the work is never-ending. These extrinsic factors can manifest as stress, depression, and anxiety; they can culminate in burnout — this is true even for the most hardened among us. Making matters worse, some only exacerbate the problem with ever larger doses of alcohol. The good news is there’s a healthy alternative: Exercise, a proven relaxant that helps to regulate your mood. In a recent study, the American Bar Association and Hazelden recently examined these problems (stress, depression, anxiety, and overconsumption of alcohol). The results were, to put it mildly, not good: 28 percent of the test subjects experienced symptoms of depression; 23 percent experienced stress; and 19 percent experienced anxiety. As for alcohol consumption, 20.6 percent of the test subjects “screen[ed] positive for hazardous, harmful, and potentially alcoholdependent drinking.” The latter finding is especially troublesome because, as this study concludes, “[m]ental health concerns

How exercise staves off burnout and improves cognitive function

often co-occur with alcohol use disorders …, and [this] study reveal[ed] significantly higher levels of depression, anxiety, and stress among those screening positive for problematic alcohol use.” But there is hope. Exercise is a formidable counter to the stresses of law. When you exercise, your body produces potent neurochemicals that regulate your mood and make you feel good. Two examples include gamma-aminobutyric acid (colloquially known as “GABA”) and serotonin. The former relaxes you, and the latter makes you happy. Together, they combat stress, anxiety, and depression. And the effect of exercise on depression is especially profound. According to Mark Hyman, M.D., “exercise beats or equals Prozac or psychotherapy as an antidepressant in head-to-head studies.” This does not mean that exercise is the sole cure to the above ailments. Each case is unique, and you should exhaust all healthy alternatives that you and your doctor see fit. But it is a great start and can have a tremendous impact on your longevity in this field. Cognitive Functions The practice of law is a battle of wits. To compete, you need to maximize your brain’s potential. Exercise will help you do this. In addition to the neurochemicals listed above, exercise releases dopamine and acetylcholine. Dopamine, a pleasure chemical, increases focus and attention. Acetylcholine enhances your thinking process, memory, motivation, and

This article was originally published in the April 2018 issue of For the Record, the SDCBA's e-newsletter for new lawyers.

concentration. Exercise also increases neural plasticity and neurogenesis. The former is the process by which your brain develops new neural connections and improves the existing ones. The latter is the growth of new brain cells. In effect, exercise enhances cognitive functions. In fact, it is integral to optimal performance. So if you exercise, you’ll have an edge on those who don’t. How to Get Motivated There are a lot of great ways to motivate yourself to exercise. You must find what works best for you. But to get started, here are three tips: (1) Do something you like; (2) workout early in the morning; and (3) find workout partners. If you do something you like, you’ll be far more inclined to keep at it. Conversely, if you dread the exercise, it will be hard to stick with it. So if you don’t like running, don’t run. If you like dancing, then by all means, dance. As to the second tip, research shows that your willpower diminishes throughout the day. Thus, you are less likely to exercise in the afternoon or evening. So get it out of the way first thing in the morning. It’s a good way to start the day, and you’ll feel good going into work. Finally, find workout partners. They keep you accountable and make the exercise more enjoyable. Plus, group workouts can encourage competition, which can be a powerful motivator indeed. Brent Kupfer (bjk@kupferlegal.com) is an attorney at law.

July/August 2018 SAN DIEGO LAWYER 47

Legal Aid Society of San Diego

The Journey Toward Justice Begins Here: Stories About the Work of the Legal Aid Society of San Diego | By Gregory Knoll

he Legal Aid Society of San Diego (LASSD) has been providing Supplemental Security Income (SSI) assistance to clients for 45 years. We entered into a contractual partnership with San Diego County 23 years ago, in 1995. At that time, our SSI team consisted of four staff members working on a contract valued at $120,000. We now have an SSI team with a staff of 24 people comprised of attorneys, advocates and support staff. We directly represent over 1,500 clients annually who are seen in more than 20 locations throughout the county. LASSD assists General Relief (GR) recipients who may be eligible for SSI. Potential clients are referred to us by County workers and we assist the clients with the SSI process. San Diego County provides funding for SSI advocates in six mental health clubhouses throughout the county. Our office trains the advocates who assist consumers with SSI applications at the various clubhouses. The clubhouse advocates complete the forms and send them to us, and we provide the representation and submit the final reviewed applications. We also have SSI staff stationed at other provider locations throughout the

county, and see 10 to 14 potential clients a week at our Midtown office. Every month, we see an average of over 100 new clients, file an average of 67 new applications for individual clients and represent over 20 clients at administrative hearings. Eighty-two percent of our clients have mental health conditions. Sixty-eight percent of our clients are homeless. At any one time, we may have six to 10 cases in Federal District Court, and a lesser amount in the Ninth Circuit Court of Appeals. Currently, we have 1,960 open SSI cases. In the fiscal year ending June 30, 2017, we obtained favorable decisions in the cases of 456 clients. This included cases at all levels of the application process: initial applications, reconsiderations, hearings and post-hearing appeals. Picture for a moment the homeless tent cities we see daily on our local streets. Now imagine that upward of 400 of those tents suddenly disappear, because the people who used to be inside can now find a way to get off the streets. In monetary terms, the 456 awards to our clients in the past fiscal year resulted in the receipt of over $10 million in

Distinctions The following individuals in our community were recently honored for a variety of achievements:

2017 SDCBA President and Higgs Fletcher & Mack partner Loren Freestone was appointed as San Diego Superior Court judge.

San Diego Superior Court Commissioner William Wood was appointed as San Diego Superior Court judge.

Tamatha Clemens, of counsel with Seltzer Caplan McMahon Vitek, was honored by the YWCA of San Diego County with a 2018 Tribute to Women & Industry Award.

48 SAN DIEGO LAWYER July/August 2018

retroactive and monthly SSI benefits, all of which flows directly into the local San Diego County economy. Over the last five years, these numbers jumped to almost $70 million in benefits and the County has received a 2,000 percent return (ROI) on the money that they have given us by contracts over that five-year period of time. Our program is the largest provider of free SSI services in the history of San Diego County, the largest such program in the state of California and likely one of the largest in the United States. In 2016, the SSI Team of the Legal Aid Society of San Diego was recognized as the San Diego County Behavioral Health Program of the Year. In 2017, Dan Melcher, our LASSD SSI Team Program Manager, was recognized as the San Diego County Behavioral Health Person of the Year. The work of our SSI Team is one of the great success stories at LASSD. We are proud of their work and we are proud of the changes they have made in the lives of the consumers they have touched. Gregory Knoll is CEO/Executive Director/Chief Counsel of Legal Aid Society of San Diego.

Passings Hon. Federico Castro passed away on May 29. Judge Castro served on the San Diego Superior Court bench for 10 years before retiring from in 2001.

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.

PHOTO GALLERY DIALOGUE ON DIVERSITY & ERDC SUMMER KICK-OFF PARTY Photos by J.T. MacMillan The legal community came together to discuss how law firms, individuals and organizations can prioritize diversity with keynote speaker Professor Roy L. Brooks on June 20. After the Dialogue on Diversity event, attendees mingled at the SDCBA's Ethnic Relations & Diversity Committee's Summer Kick-Off party. Thank you to sponsors Antonyan Miranda and Cozen O'Connor.

Angelica Sciencio

Professor Roy Brooks

Kristin Rizzo

L-R: Christine Hall, Brenda Lopez, Amanda Khiterman

L-R: Shannon Finley,Cassandra Mougin, Robert Mougin

July/August 2018 SAN DIEGO LAWYER 49

PHOTO GALLERY SUMMER SOCIALS Photos by Gates Photography and J.T. MacMillan SDCBA members met in North County and downtown for the Association's Summer Socials on July 11 and 12.

Nadine Deeb

L-R: Molly Wescott, Paula Gluzman, Vicky Canedy

Terry Holden, Roger King

L-R: Jilliane Jackson, Sara Keane, Diane Byun, Adam Hirsch, Jocelyn Russo

L-R: Anjana Pottathil, Hon. Michael Smyth, Nora Smyth, Monica Wilian

Stuart Clark

Kristin Fritz, Euketa Oliver

Hon. Rachel Cano, Robert Jassoy

PRIDE MARCH The SDCBA marched in the San Diego Pride Parade for the first time ever on July 14. Thanks to everyone who came out to celebrate.

SDCBA Team Members

50 SAN DIEGO LAWYER July/August 2018

L-R: Jan Maiden, Michelle Chavez, Rachel Phares, Tom Becker, Lola Becker, Kayla Higgins, Kristin Rizzo, Fiona Becker, Lilys McCoy, Srinivas Hanumadass, Hon. Loren Freestone, Andy Cook, Katie McBain

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