San Diego Lawyer March/April 2018 by San Diego County Bar Association

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CONTENTS

Page

Features 20

The Future Is Here in Front of Us Artificial intelligence and the practice of law. By Edward McIntyre

AI & Legal Services for the Public Good How AI technology can help bridge the legal service delivery gap. By Mirona Constantinescu

Elementary Cybersecurity 7 basic precautions every lawyer should consider. By Bill Kammer

Cryptocurrency in the Law & Tax Considerations Noteworthy tax consequences of cryptocurrency. By Julie Houth

RansomWare: A Growing Threat Attacks in 2017 and beyond. By Anjali Kulkarni and Joseph M. Burton

Columns 33

Judicial Evaluations How the SDCBA helps voters.

To Patent or Not To Patent How and why companies choose to patent. By Erin Gibson

Top of Their Game Local leaders who have reached the top. Featuring Mara Elliott, Randy Mize, Thomas Mongomery and Summer Stephan

Why I Belong Get to know SDCBA member Alicia Morrell.

Deans Today’s lawyer — facing the challenges of practice head on. By Joan Bullock

President's Feature How we took off on technology. By Kristin Rizzo

Apps Download this! Apps for lawyers. By Christi McGowan and Christine Stansall

New Recording Fees What you need to know about SB-2 Atkins Fee. By Ernest “Ernie” Dronenburg Jr.

Ethics Here come the robots — or not. By Edward McIntyre

Social Media Building your practice and your case with social media.

San Diego Law Library Introducing the Slomanson International Law Collection. By Law Library Staff

San Diego County Bar Foundation #MeToo at home.

In Memoriam Remembering SDCBA Past President Thomas Ault. By Hon. Kevin Midlam (Ret.)

Distinctions & Passings

Photo Gallery

Follow San Diego Lawyer! sandiegolawyermagazine

@SDLmagazine

Issue no. 2. 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.

March/April 2018 SAN DIEGO LAWYER 5

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

Alicia Morrell

Law Clerk for U.S. Magistrate Judge Mitchell D. Dembin Education: Ball State University (B.S. in Sociology); University of the Pacific (M.A. in Higher Education Administration); California Western School of Law (J.D.)

Co-Editors Edward McIntyre Christine Pangan

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

Julie Houth Michael Olinik Phillip Simpler Whitney Skala Mike Wakshull Teresa Warren

SAN DIEGO COUNTY BAR ASSOCIATION

Executive Director & Chief Executive Officer Ellen Miller-Sharp

Director of Outreach Strategy & Chief Communications Officer Karen Korr

Graphic Designer/Webmaster Attiba Royster

Publications Editor Jenna Little

Marketing Coordinator Sasha Feredoni

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Areas of practice: The bulk of my work is managing the large-scale motions that come before the Judge including motions to dismiss and for summary judgment, as well as habeas petitions. Proudest career moment: I’m very proud every time one of the law students I’m supervising gets their work signed by the Judge because I remember the first time that happened for me. Looking something up on Westlaw or Lexis and knowing I wrote it was a secret thrill and I hope they’re similarly excited. Family: It’s just me and my parents. Birthplace: Colorado Springs, Colorado. If I weren’t an attorney, I’d be a professor, florist, community organizer, art historian or museum curator, owner of the best coffee shop/used book store in town, film critic, or editor at a publishing house. The best thing about being an attorney is: I love that my job requires me to always be learning something new. I also really appreciate the opportunity to continuously strengthen my writing skills. Last vacation: I ate ice cream every day for two weeks in Ireland last September. Hobbies: I’ve been knitting for over 20 years. What started out as useless asymmetrical scarves has turned into a serious love of not only knitting but also learning about the historical and cultural significance of the craft. I knit three to five sweaters each year on commission, along with assorted hats, mittens and socks. Favorite book: Things Fall Apart by Chinua Achebe. Best concert you’ve ever been to: I’ve seen too many to pick a favorite (hologram Tupac!), but I had the opportunity to take my parents to their first large-scale music festival in 2016 and it was the best experience. Most memorable SDCBA moment or meeting: My very first Law Student Welcome Reception sticks out. I loved getting to meet so many local attorneys and distinctly remember getting some very clutch insider information that helped me out in a few of my 1L classes. I also loved that it was such a friendly environment … I remember being very glad to be in the San Diego legal community in that moment. Do you have a unique skill or special talent nobody knows about? I spent a significant amount of time in second grade teaching myself how to competently walk on stilts. I haven’t tried it in 20-plus years, but I’m sure we can assume I’m still highly skilled.

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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What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? As a clerk, I wouldn’t be successful at all if I couldn’t write. I take my obligation to write as clearly as possible very seriously, especially because often my audience is a pro se petitioner or plaintiff. Good writing isn’t easy, but it’s worth the practice. Two things I’d recommend to others is Legal Writing in Plain English by Bryan Garner and a good red pen. Careful editing can really save the day. Do you have a mentor? Ruth Hargrove, my writing professor in law school. She was immediately my greatest champion, while skillfully turning me into both a writer and a lawyer. Additionally, I was very fortunate to extern for Judge David H. Bartick while in law school and his example will forever serve as my north star. What would you most like to be known for? My creativity and work ethic. What makes San Diego’s bar so special/unique? I appreciate how welcoming the bar is in San Diego. My first clerkship was out of town and I’ve only been back in San Diego since last August. I’ve already met so many great local attorneys, which has me excited for the next chapter of my career. March/April 2018 SAN DIEGO LAWYER 7

BY JOAN BULLOCK DEANS

Today’s Lawyer Facing the challenges of today's practice head on Joan Bullock olo and small firm lawyers today are required to have more insight and versatility than ever before. This is because the average client who is desirous of the services of a solo or small firm practitioner is knowledgeable and sophisticated. Connected to vast information via technology, these clients are no longer mystified by “the law.” In fact, many of these clients would have already consulted “Google Lawyer” and determined how they wanted their matter to proceed by the time they have their first appointment with a living, breathing lawyer. They are a part of the growing DIY “do-it-yourself” economy and call upon the legal professional as a near last resort in managing their matter.

This is the circumstance in which lawyers of today find themselves when they hang their shingles as solos or in small firms. As “lawyerpreneurs,” it behooves them having a few years under the belt practicing under the tutelage of a seasoned attorney before striking out on their own. The truly novice lawyerpreneur, i.e., the one who hangs the shingle immediately after law school and without the benefit of practice under the guidance and watchful eye of a seasoned attorney, is at a distinct disadvantage. Unfortunately, it is becoming more of the norm for law graduates to seriously consider opening up a practice on their own immediately after passing the bar. The traditional bread-and-butter small firm practices that flourished yesteryear and would have welcomed the assistance of the neophyte lawyer are losing out to digital platforms that cater to the growing DIY mindset. The DIY business model upsets the solo and small firm business model that assumes the ability to leverage the development of a non-bespoke storehouse of legal solutions that can be modified to serve various clients and charged out based on the value of the legal product rather than the actual

hours invested in customizing the product for the specific client. This commoditization of legal services — developing reusable templates for bread-and-butter legal work — allowed the small firm practitioner to add associates and increase profits. The digital platforms, however, take the commoditization of legal solutions one step further — removing the lawyers and delivering the template directly to the lay market. Consequently, firms are choosing to operate leanly and are not willing to commit resources to those who cannot demonstrate their value to the firm’s bottom line early on. The increasing competitive nature of small firm practice and the growing encroachment of digital platforms in the legal services market have resulted in seasoned practices being reluctant to bring on novice attorneys who cannot execute on what are considered rudimentary, typical tasks for a legal practice. Law schools are attempting to fill this gap by providing more skills and experiential training to students. Notwithstanding, what law schools are finding out and seasoned lawyers already know is that it is not enough for the law student to learn how to think like a lawyer. The law graduate must know what it is to be a lawyer. In teaching students how to think like a lawyer, law schools have focused on tasks — necessary learning but albeit, incomplete. Students graduate with a concept of trees but little understanding of the forest in which those trees occupy space. Without an appreciation of the forest that provides the environment in which legal issues arise and which informs the role of the lawyer in resolving those issues, the recent graduate-novice attorney does not have the context in which to effectively problem solve. This can be exasperating to seasoned attorneys who seek to mentor young lawyers but find them ill-prepared for the everyday responsibilities of the

practice. Many recent graduates have the “practice-ready” skills but do not have the “practical ability” to apply those skills in a manner to have immediate value to a law firm. This “practical ability” speaks to a requisite foundation that must be present from which a young lawyer can be effectively mentored. The upshot is that law schools need to spend time teaching students what it is to be a lawyer — the role, the responsibilities and, yes, the tasks. Lawyers are required to be problem-solvers and this cannot be done if the one seeking to fashion the solution cannot appreciate the problem in its fullest context. At Thomas Jefferson, we strive to provide a relevant and meaningful learning experience for our students as well as for our graduates. In today’s environment, this means more attention on teaching not just the technical and analytical skills but also the professional competencies and characteristics through which a student can learn how to function well in a legal practice. Our several clinics, externships and pro bono programs are well-received and provide the students with opportunities to engage in real client interaction. For our graduates, we have our incubator program, The Center for Solo Practitioners. The Center has helped over 30 alumni start their practices and accelerate their careers. Led by Professor and SDCBA President-Elect Lilys McCoy, alumni practitioners have helped over 1,000 San Diegans in the free legal clinics where we provide limitedscope assistance in basic areas of legal need. If you, as an experienced attorney, are looking for opportunities to mentor and share your practice wisdom, we and our young incubator lawyers would be delighted to hear from you. Joan Bullock is president and dean of Thomas Jefferson School of Law.

March/April 2018 SAN DIEGO LAWYER 9

How We Took Off on As you may have noticed, we are talking a lot about technology this year. Making sure our members’ technology needs are met is a priority for the SDCBA. Technology in the practice of law is constantly evolving. In this message, and in subsequent messages, I want to share with you how the Bar’s leadership is working to ensure that its tech resources, content, and programming are devoted to helping you stay updated on new tech advances, achieve and maintain competency on legal tech ethics, and provide you with tech education to benefit your business administration, client interaction, and case resolution. The decision to focus on technology as one of the Bar’s initiatives was determined at the Board’s 2017 annual retreat. Lively discussion led us to examine the basic needs of practitioners today, and what would make life as a lawyer easier. In addition to health and wellness, client development, and some of the other more typical topic areas, much of our discussion centered around technology. Nearly 70 percent of SDCBA members are solo practitioners or work in small firms, and as such, do not have IT departments or access to technology advisors. Following the retreat, our Strategic Framework Working Group, a Board-level Committee charged with adhering to and implementing our Strategic Framework, reviewed data and spoke with many people about tech advances and tech needs. We facilitated an internal tech summit where we heard from the foremost local experts over two days to help us create a plan. This brings us to some exciting roll-outs for 2018! The SDCBA’s technology initiative included hosting our first-ever Law + Tech Summit in January, bringing together national and local experts on various topic areas related to law and tech. We have a Board-level Technology Committee, chaired by Board member Renée Galente, and including Board members, general members and a Judicial Liaison, which will review and plan tech content all year long. We are also thrilled to announce that we are in the process of hiring a Technology Officer. This “Tech Whisperer” will translate the complex tech world into information and programming members can use. Here’s an overview of some of the things you’ll see in tech from the SDCBA this year. I look forward to sharing more with you in the coming months.

Tech

IDEA: Basic tech competency is no longer a luxury or something that only tech nerds can appreciate it is becoming an integral part of being a competent lawyer. How can we provide tech education on a basic level, and also share pertinent information for those who are more advanced? We conducted a survey, hosted focus groups, and met with members across all areas of practice and experience levels, and here is a bit of what we have planned:

How can we provide small/solo ﬁrm practitioners with answers from an expert that they might not have access to otherwise?

Technology Officer This new member of the SDCBA team will help you understand and integrate tech into your practices.

Who will help identify our members’ needs and help facilitate and organize our new endeavors related to technology?

Best regards,

Technology Committee Kristin Rizzo 2018 SDCBA President 10 SAN DIEGO LAWYER March/April 2018

The Board developed a committee charged with bringing members the best the Bar can oﬀer on technology.

TECH

What do attorneys need to know? How can we best provide substantive information?

Programs Annual Law + Technology Summit The 2018 Summit in January was a success. See highlights on page 50 of this issue! Our 2nd Annual Law + Tech Summit: We’ll once again bring together some of the country’s tech gurus to inform and educate us on what we need to know now and what is to come.

#TechTuesdays! Quarterly programs about everything tech at the Bar Center at 401. A weekly #TechTuesday feature in our Daily Newsstand e-newsletter, and weekly content on social media and on our blog.

How can we provide tech tips to practitioners on a regular basis without inundating them with information?

Bar BYtes Lookout for bite-sized tech tips in our event marketing materials and on social media.

What tech trends should attorneys know about and how can they keep up with new technology that’s impacting our profession?

Substantive Tech Articles Check out all of the technology articles on the following pages of this issue of San Diego Lawyer. The SDCBA’s oﬃcial blog, Blawg401, as well as the Bar’s other publications will feature articles all about tech.

Which of our Law Practice Management Partners provides discounts on technologyrelated products or services?

MAIN AREAS OF FOCUS WITHIN TECH FOR THE SDCBA IN 2018 • Cybersecurity • Ethics • eDiscovery • Law Practice Management • Trial Preparation

Law Practice Management Partners As an SDCBA member, you have access to quite a few tech-related perks through exclusive SDCBA member beneﬁt partners. Visit www.sdcba.org/memberbeneﬁts for details. March/April 2018 SAN DIEGO LAWYER 11

Education + Tech Expertise + Networking at New SDCBA Conferences May 19 - Family Law

(Topics include Child Testimony, Ethical Mediation with Families)

June (date TBD) - Civil Litigation

(Topics include Rules of Evidence, Courtroom Technology, and Trial Basics)

July 27 - Elder Law

(Topics include Nursing Home Discharge Rights, Incapacity Determinations)

September (date TBD) - Real Property September 28 - Animal Law

(Topics include Case Law, New Legislation)

October (date TBD) â&#x20AC;&#x201C; Business & Corporate Law

TECHNOLOGY

BY CHRISTI MCGOWAN AND CHRISTINE STANSALL

TECH

Apps for the Lawyer On-the-Go Photo Credit: #WOCinTech Chat

lmost every attorney uses a smartphone for work, and that smartphone is usually an iPhone. If you use an iPhone, it’s not a big leap to shift to an iPad. Think about how you would use an iPad throughout your day. Do you prefer handwritten or typed notes? Do you email to send documents back and forth, or use filesharing? Do you need an iPad for trial? Do you want to use the cloud or keep everything local on the iPad? Many apps are free so you don’t suffer from buyer’s remorse, and can also sync across devices so you can shift from device to device. Although most of the apps mentioned in this article are for Apple devices, some are compatible with Androids.

File Organization

Dropbox, Box, OneDrive and Google Drive store your files in the cloud. Files typically sync across devices but it can take time for the syncing to complete. You can edit some file types within the app. Some apps are a scanner where you can scan pages and save as a PDF or image file. GoodReader can link to other filesharing apps so you can access files stored in other apps and play audio and video files within that app.

PDF Management

Adobe Acrobat Reader, PDF Reader and iAnnotate open PDFs and annotate, highlight and add signatures. You can also link to a filesharing app and access the PDF files in that app. iAnnotate appeals to lawyers who want to go paperless because it can import other file types, open documents from email, fill out forms, sign contracts, make notes and mark documents through highlighting or underlining.

To see Christi and Christine's full presentation from our 2018 Law + Technology Summit, visit www.sdcba.org/watchlawtech.

Note Taking

Attorneys must take notes throughout their day, whether by hand or typing. With its Apple Pencil, Apple has developed a stylus but it only works with the iPad Pro models. Typing can be accomplished with any Bluetooth-connected keyboard. GoodNotes and Notes Plus have handwriting recognition, note organization and searching. Penultimate can integrate with other apps such as Dropbox and Everlaw. EverNote takes notetaking a step further and can include checklists, snippets of web pages, audio recordings and pictures.

March/April 2018 SAN DIEGO LAWYER 13

T TECHNOLOGY Time Keeping

Voire Dire

iTimeKeep integrates with almost any billing program and allows billers to enter their time while on the go. This is a lifesaver when you end up doing something out of the blue and you don’t want to forget to bill for it.

Annotation Liquid Text is a great app to annotate, highlight and comment on different types of source documents. You can view highlights only, search key terms and pull excerpts to find the source. In addition, the scrolling feature is helpful, in that you can hold your place on one page, while scrolling through the rest of the document. Color coding is helpful for issue coding.

JuryStar Law helps you conduct voir dire. While developed for law students in mock trial, attorneys have found a use for it. You can create topics and questions; integrate the lines of questioning with notes kept on each juror; document juror responses; document group responses with a single touch; assign a value to both individual and group responses; rank favorable and unfavorable jurors; and assess those rankings on a single screen.

Legal Research Both Westlaw/ Lexis have iPad apps. While it’s convenient to have your case law at your fingertips in the courtroom, be sure that you have an internet connection to be able to search the case library.

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14 SAN DIEGO LAWYER March/April 2018

Document Review The iPad really shines when it is used for litigation, especially document review, depositions and trial. Lit Software has a bundle that handles these three things well. TrialPad has become the leading iPad app for trial presentations. You can load it with exhibits and call up an exhibit by the exhibit number, Bates number or other fields; exhibits are searchable. TranscriptPad automatically creates folders and organizes transcripts with exhibits according to deponent name and date to easily locate a transcript. You can review exhibits without losing your page or your train of thought. You can annotate the transcripts, tag them with issues and create reports. DocReviewPad allows you to review documents, assign Bates numbers, generate reports and create production sets. You can import your universe of documents, assign custom Bates numbers with up to six letters and nine numbers that automatically increment on every page, then review the documents and assign built-in tags. You can also create your own custom color-coded issue codes to tag documents.

No matter which iPad or apps you use, give yourself time to adjust as you get used to new workflows. An iPad means you can have just about everything you need to practice at the tip of your finger. An iPad is lighter compared to a briefcase crammed with files and binders. Attorneys are always looking for ways to better serve their clients. An iPad is a perfect tool to do just that. Christi McGowan (christi@edlsi.com) is the Director of Operations at eDiscovery Litigation Support Specialists and Christine Stansall (christine.stansall@gmail.com) is the Litigation Support Analyst at Procopio,Cory, Hargreaves & Savitch.

ETHICS

BY EDWARD McINTYRE

E TECH

Here Come the Robots — or Not It may be your duty to consider implementing artificial intellegence into your practice acbeth, Duncan and Sarah had just started lunch at the Greasy Spoon cafe when Clyde Zuckerman came over and pulled out a chair. “ You guys got a minute?”

breath, Clyde. Let’s step back a bit.”

Macbeth barely nodded. “I’m sure we have a minute, Clyde.”

“You use email at this point, don’t you? To communicate with clients. Other lawyers?”

“You guys heard of artificial intelligence? I mean, I just saw an article where it’s gonna take over the practice of law. Robots will be running everything. What are we gonna do?”

“Well, yeah, but —”

“Slow down, Clyde. Are you talking about the use of data analytics as a tool in the practice of law?” “Yeah. That and everything else. Machines will be marching into our offices. What are we gonna do about it?” His palm slapped the table; silverware bounced. Macbeth raised both hands. “Take a deep

“OK, but —” “Clyde!” “OK.”

“You use a computer in your practice?” “Yeah. Got to.” “Have you ever handled a trusts and estates case?” “Of course. But what’s that got to do —” “I didn’t think you were a trust and estates lawyer, Clyde.” “I’m not. I always turn to Brennan whenever I’ve got a T&E matter. Good man.” “I agree, a fine lawyer. Rule 3-110, our

competence rule, allows us to represent a client even if we don’t have sufficient learning and skill in the specific area, if we associate another lawyer who’s competent.” “That’s why I always go to Brennan. Besides, I don’t want to be sued for malpractice.” Sarah interjected. “Macbeth always says that the rules and risk mitigation go hand in hand.” “Really? I didn’t know that.” “Yes, many courts have held that the rules define a lawyer’s duty in a breach of duty claim and establish the standards of conduct for a professional negligence claim.” “Wow.” Macbeth spoke. “Let’s turn back to Clyde’s question. Clyde, you agree that competent representation means knowing the relevant law? Court rules, if it involves litigation? “Of course. But what about artificial intelligence?”

CARTOON BY GEORGE BREWSTER JR.

“I’ll get there. Bear with me.” “OK.” “In 2010, the State Bar issued a formal opinion. It told us that the Rules of Professional Conduct — specifically competence and confidentiality rules — govern our use of technology.” “OK —” “Lawyers were obviously using technology — in one form or another — to serve clients. Technology made it easier to communicate. Less expensive to deliver services. Lawyers and clients both benefited.” “OK. I get it.” “Then in 2012, the American Bar Association amended its Model Rule on competence. It added the provision that to be competent, in addition to maintaining March/April 2018 SAN DIEGO LAWYER 15

E ETHICS knowledge and skill — we all understand that — it also includes keeping abreast of the benefits and risks associated with relevant technology.” “So what? California isn’t an ABA Model Rule state.” “Quite so. But California courts look to the ABA Model Rules as ethical guidance when no California rule is on point and the ABA rule is consistent with California public policy.” “So?” “I think in light of the 2010 California opinion, and others — opinions on ESI and competence, for example — a court could look to the ABA competence rule amendment.” “So what does this have to do with artificial intelligence?” “Do we agree that email has made communication with clients easier? Less expensive? More efficient?” “Yes —” “And computers replacing IBM Selectric®

typewriters and carbon paper was a big step forward?” “Of course. What’s the point?” “I assume we agree then. When a technology advance makes it easier, or less expensive, or more efficient to represent our clients, we have a duty to consider its use?” “I guess so, but —” “AI — the use of data analytics as another tool — with tools we now use, may be another technology advance. One that will make representation of our clients easier, less expensive, more efficient.” “You mean an ethical duty?” “Well, if our duty of competence includes keeping abreast of the benefits of technology, and if data analytics is a technology platform that delivers significant benefits to clients, can I seriously argue a lawyer doesn’t have a duty at least to consider its use?” “Robot lawyers!” Zuckerman pushed his chair back and stomped off.

Editor Note: Court decisions to which Sarah and Macbeth referred include Day v. Rosenthal (1986) 170 Cal.App.3d 1125, 1147 (“The standards governing an attorney’s ethical duties are conclusively established by the Rules of Professional Conduct”); Mirabito v. Licardo (1992) 4 Cal.4th 41, 47 (“[A]n attorney’s duties to his client are conclusively established by the rules of professional conduct … The attorney’s violation of those rules establishes his negligence even in the absence of expert testimony”); City & County of San Francisco v. Cobra Solutions, Inc. (2006) 38 Cal.4th 839, 852 (ABA Model Rules provide authoritative guidance). The State Bar opinions include Formal Opn. No. 2010-179 and Formal Opn. 2015-193.

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

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SOCIAL MEDIA

S TECH

Building Your Practice and Your Case With Social Media Why, How and Ethics Warnings

ccording to a 2016 study by the Pew Research Center, 69 percent of adults in the U.S. use social networking sites. If you have not yet considered reaching potential clients through social media advertising, now might be the time; and as always, be sure to mind the ethics warnings. At the SDCBA’s Law + Technology Summit in January, attorney and law technology expert Jeff Bennion covered how and why attorneys should market and advertise on social media. At the same seminar, attorney and SDCBA Director Renée Galente shared wisdom on ethics for social media. Here are a few key points from their presentations:

Why Social Media? In an age where we have almost unlimited information at our fingertips, to potential clients it may seem suspicious if an attorney is not “out there” on the internet. Would you buy a TV that doesn’t have any online reviews? Social media is unique because it allows you to target your audience in very specific ways. Some social media platforms provide the ability to reach specific demographics

by gender, age, location, interests and more, giving you the ability to better reach potential clients.

Types of Social Media Marketing and Advertising YouTube: Why • Content posted to YouTube is evergreen, meaning it is not necessarily “news” and is relevant at any time. Unlike Facebook posts, which are seen the day they are posted and are then put on a shelf, YouTube videos show up in searches for years after they are posted. • Google owns YouTube, which helps you rank better in search results. • YouTube videos can be repurposed for Facebook videos. YouTube: How • Videos should be short (about a minute long) and answer simple questions. • You can even make video slideshows in PowerPoint.

• Include links to your website or other social media. • Include a description to help with search analytics. • Make your videos part of a playlist. Twitter: Why • Twitter is great for branding. • Tweets allow you to send short messages, and not substantive content. • The amount of tweets and followers displayed on your profile is like a badge of honor — it’s the most prominent item visitors see when they arrive on your page. Twitter: How • Start by following newspapers, organizations and influential people. • Retweet important posts, adding comments. You might get a public thank you, which exposes you to that account's followers. • Tweet original thoughts and comments. March/April 2018 SAN DIEGO LAWYER 17

S SOCIAL MEDIA

Lawyers Online

Facebook Advertising: Why

Below are some fun facts about lawyers using social media and the web to market their practices: Lawyers using social media as a marketing strategy:1 YES NO DON'T KNOW

SOMEONE ELSE

I DO

Who is handling social media for law firms?1

• Advertisers have the option of also running their promotional posts on Instagram, which is owned by Facebook. Facebook Advertising: How • You must have a business page to advertise on Facebook. Simply search the internet for instructions on how to set one up. • Several options are available through Facebook to create an ad — through the Ads Manager, Business Manager or the Ads Manager App. Choose one option and follow the prompts to create your ad.

10%

67%

• Facebook is one of the social networking platforms that allow advertisers to promote their businesses to specific demographics. You can reach people of a specific age range, location and gender. Facebook also displays the amount of people you can potentially reach when you specify your target demographics.

23%

I DO, WITH ASSISTANCE

• Be sure to identify your target audience before creating content for your ad. This is key to reaching potential clients and gives your ad dollars the most bang for their buck.

Ethical Use of Social Media

70% OF LAW FIRMS SURVEYED RESPONDED THAT THEY HAVE GENERATED NEW CASES THROUGH THEIR WEBSITE 2

The SDCBA’s Law + Technology Summit also featured attorney and SDCBA Director Renée Galente who explained the ethics of marketing and advertising on social media. Here are a few highlights from Renée’s presentation: When Is It Advertising?

ON AVERAGE, LAWYERS SPEND

1.6 HOURS PER WEEK

ON SOCIAL MEDIA OR ONLINE COMMUNITIES FOR BUSINESS.3

Engage! A Lawyer's Guide to Social Media Marketing, Attorney at Work 2 https://www.imarc.com/blog/2016_legal_marketing 3 https://www.mycase.com/blog/2016/02/how-are-lawyers-using- social-media-in-2016-infographic/ 1

18 SAN DIEGO LAWYER March/April 2018

Consider your message before posting. State Bar of California Formal Opinion 2012-186 gives ethics guidance on what to look out for — the reader’s digest: “It’s advertising if it contains a call to action.” And bragging and educating are not advertising. A few good and bad examples: • Good: “Case finally over. Unanimous verdict! Celebrating tonight.” • Bad: “Another great victory in court today! My client is delighted. Who wants to be next?”

• Good: “Just published an article on wage and hour breaks. Let me know if you would like a copy.” • Bad: “Won another personal injury case. Call me for a free consultation.” Using Social Media to Build Your Case • Google or search social media for parties or key witnesses. • You can use public information — anything a lawyer can access freely on the internet does not require “friending,” “linking” or “connecting.” A good rule of thumb: If you can Google it, you’re good. • Talk to your clients about their social media usage. Consider if you want to “friend” your client, and put it in your fee agreement. • Do not tell your client to delete posts. • CA Rules of Professional Conduct, Rule 2-100 provides guidance: “While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.” Represented parties may include high-ranking employees — don’t do it. But What If … • The friend request is not about the subject of the representation because it doesn’t refer to the issues raised by the representation? Don't. • They put it online, so it’s not private? Don't. • I don’t tell them who I really am? Don't. There is a duty not to deceive. Social media and online advertising can give your marketing strategy a boost, but only when you abide by the ethics rules. Always be mindful of the guidelines and if you haven't already, give social media a go. Compiled from information presented by Jeff Bennion (jeff@trial.technology), Renée Galente (renee@galentelaw.com), and Jenna Little (jlittle@sdcba.org).

Steering you to the right resolution. CRAIGHIGGS.COM

March/April 2018 SAN DIEGO LAWYER 19

The Future is Here In Front of Us Artificial Intelligence and the Practice of Law By Edward McIntyre

20 SAN DIEGO LAWYER March/April 2018

TECH

slide into my desk chair and greet my assistant. “Good morning, St. George.”

My assistant’s nickname — the dragon-slayer. “Good morning — again.” St. George is right. We’ve been back and forth all morning — as I rolled out of bed, on my way to the gym and to the office — about schedules, “to do” lists, today’s priorities, some long-term planning.

“Touché.” “The data analytics, as a result of an analysis of these three judges, for the issues in the Coast case, given the opinion of the trial court, including its weaknesses, and your opponent’s prevailing tendencies all suggest an 82 percent likelihood of an affirmance.”

“Thanks, got it. I looked at that professional responsibility research report —” “That was new for me.” “I know. A good start. Now I’d like you to refine the data search. Look at all State Bar cases where discipline was considered — whether imposed or not — under 6106 or 6068(d) for misleading a tribunal.”

“Very nice. Next.”

“Even if it doesn’t fit your facts?” “Yes. We may have to argue by analogy. I need to see the data first.”

I settle in; my computer screens wake up.

“You asked on the way to the gym this morning about a summary judgment motion in the Preston case in the Arizona district court.”

“OK, St. George, what’s first?”

“Yes, thoughts?”

“Over night we received notice of the assigned panel for your Ninth Circuit argument in the Coast securities case. You have a report” — I glance at a screen — “analyzing every time these three judges sat together in a securities case; when any two did; when any one sat on a panel with a case similar to yours, even if not a securities case; when they were on a panel, in combination or with others, and your opponent argued —”

“I’ve analyzed all summary judgment motions Judge McCool has decided since she took the bench, including all the briefs and oral arguments where she allowed arguments and the outcomes. I then focused on trademark cases like Preston. I’ve digested all the briefs, transcripts of arguments, comments from the bench and opinions, and started on a summary judgment motion using the arguments that have prevailed with her or that prevailed with judges she tends to rely on. I also analyzed the discovery in Preston and did a working draft of a separate statement of uncontested facts.”

“In any kind of case or just securities?” “All cases. May I continue?” “Please.” “The report gives you a statistical profile of the issues the judges prioritized; how they decided them; what arguments from the briefs and argument transcripts they favored; and, of course, outcomes, relevant parts of opinions and favored phrases used. I’ve also identified patterns of questions from the bench and who among them is more active; who is more deferential, both during argument and in writing opinions. Since you only have 10 minutes, I outlined what I conclude may be your three best arguments and included language that some or all of them have used repeatedly in affirming trial courts.” “Perfect.” “I also included argument patterns your opponent has used repeatedly and his manner of responding to questions from the bench. Not just in the Ninth Circuit, but all appellate arguments. Very interesting.” “What are my chances, St. George?” “I don’t do predictive analysis — yet.”

“This means we can do a full summary judgment motion in fewer than, say, 10 hours of my time, 20 tops. That should encourage the client to move forward with the motion.” “Very cost-effective.” “How often has Judge McCool granted summary judgment in a trademark case?” “She has only had three. One has a lot of facts in dispute, so denial was easy. On the other two, she split 50/50. Looking at her record overall, on close calls she tends to be conservative. She often quotes from Judge Betts’ decisions; seems to defer to him. I’ve included language from cases where he granted summary judgment in trademark cases.” “A 50/50 chance?” “I don’t do predictive analytics.”

“Since you only have 10 minutes, I outlined what I conclude may be your three best arguments and included language that some or all of them have used repeatedly in affirming trial courts.” – St. George, AI Platform

“That doesn’t seem reliable or predictive.” “Perhaps not as a matter of data analytics. But this may be a good time to explore the rules of analogy.” “That could be interesting.” “Is there more?” “A lot. Shall I continue?”

“The draft brief?”

Who is this St. George?

“On your screen.”

Good question.

March/April 2018 SAN DIEGO LAWYER 21

oes St. George have an army of lawyer researchers and data analysts at immediate command? Or at least a couple of platoons to produce all this work based on an overnight court notice and my question just two hours before?

human brain — although not nearly so fast, sophisticated or capable. These neural networks are, of course, empowered by the quantum leaps in computing power and speed the last decade has brought. Without that power and speed — think IBM’s Watson® — none of what we see would be possible.

No, it’s only St. George.

Neural networks are “trained” in pattern recognition, using large numbers of training examples, correcting the network as training moves forward. As training progresses, the neural network automatically begins to infer the rules of recognition, becoming more and more accurate; the larger the number of training examples, the more and faster the network learns, and the greater its accuracy. Thus, cognitive computing tools are trained, and eventually self-train, as opposed to computers that are programed to a specific task. The focus of a cognitive computing tool is looking for patterns in the data, testing the data, and finding and providing results.

Where did St. George do all this work? That’s easy. Somewhere in the cloud.

“AI, at least as we know it, will never replace human judgment. Rather, it frees the lawyer from much of what we currently do — researching and analyzing information — by delivering research product and analyzed data to us so quickly that we have time to think, exercise judgment and engage creatively.” 22 SAN DIEGO LAWYER March/April 2018

St. George is my multi-faceted, artificial intelligence platform. The servers that house and munch the huge data sets St. George manipulates so fast and skillfully are likely in Iceland or Svalbard Arctic — somewhere remote and cold, with abundant cheap energy. St. George, however, is not some futuristic daydream. AI platforms are already radically affecting certain aspects of legal practice — as in medicine, manufacturing, retail and, soon, driving. And they are only the beginning. Just as email started slowly, then cascaded and has now altered radically in less than a generation the way we communicate — a transformation other social media have only reinforced — AI will soon become ubiquitous, an indispensable asset in the practice of law.

This contrasts with Boolean logic and keyword searches. Each search is linear with no relation to past or future searches. With AI, on the other hand, each search becomes part of the learning process; every search and answer — and correction if necessary — makes the machine much better for the next search.

What is Artificial Intelligence?

AI’s Current Impact on Law Practice

The term first gained recognition at the Dartmouth Conference in 1996. The early “test,” the Turing Test, posed that if a machine could carry on a conversation — using e.g., a teleprinter so the machine’s inability to speak was not a disadvantage — indistinguishable from a conversation with a human being, it would be reasonable to say the machine was “thinking.” AI is most capable in the areas of data mining, industrial robotics, logistics, speech recognition, banking software, medical diagnosis and Google’s search engine.

AI is at our fingertips. One existing AI platform, designed specifically for lawyers, relies on advanced technologies — machine learning and natural language processing — to structure and analyze raw data from millions of dockets and documents. That platform has in its database all federal circuit and district court cases, and Delaware Court of Chancery cases, for 10 subject matter areas of law including: commercial, employment, bankruptcy, patent, product liability, securities, antitrust, trademark, copyright and corporate (Court of Chancery). The database contains not just opinions but also identifies the judges and lawyers, and has the briefs, transcripts of arguments, dockets, orders and every relevant bit of data in each case.

Another way to think about AI is to consider it cognitive computing: teaching computers how to learn, reason, communicate and eventually make decisions. At the heart of such machine learning are neural networks, patterned on the neuron networks of the

As lawyers, we are trained to research and reason. What this AI platform adds to

research and reasoning is data analytics; it examines and aggregates a vast array of data and provides the lawyer with data-driven insight into the behavior of the individuals — the judges and lawyers — in specific kinds of cases, faced with specific kinds of arguments. Thus, data analytics allow lawyers to understand trends and patterns in past litigation that they can employ to inform legal strategy and anticipate outcomes in current cases. The underlying premise is that each of us — lawyer, judge, client — has latent behavioral tendencies when choosing arguments, writing briefs, engaging in oral argument, asking questions from the bench or conducting hearings, deciding cases and electing strategies. Rather than sending an email around the office asking colleagues what they know about this lawyer or that judge or how this party reacts in litigation — imperfect anecdotal information at best — this AI platform analyzes a vast quantity of data, at warp speed, and delivers a factual, datasupported, answer: In x percent of trademark cases, Judge Y has found the challenged mark confusingly similar and these four arguments prevailed with her z percent of the time. Or, in a securities case, lawyer x has brought a Rule 12(b)(6) motion — q percent unsuccessful — in y percent of the cases he defended. Clients, especially sophisticated in-house counsel, also have a tool by which to evaluate and choose counsel. No need for dog and pony. Rather, how successful has lawyer x been in defending employment discrimination allegations in a particular district, or before a particular judge, against a particular opponent. No more slick brochures and lawyer performances; hard data, analyzed from a vast array, is difficult to ignore.1

What Will This Mean To The Profession? In overwhelming respects, AI will enhance our ability to serve clients. Think, for example, of the asymmetry of a plaintiff’s employment or securities case. No longer will a small plaintiff’s firm necessarily be outgunned by “Big Law” — with layers of associates and paralegals — on the defense. The small firm, or even the sole practitioner, now has 1

available overwhelming data analytics tools; and many more will follow. AI is a tool; AI, at least as we know it, will never replace human judgment. Rather, it frees the lawyer from much of what we currently do — researching and analyzing information — by delivering research product and analyzed data to us so quickly that we have time to think, exercise judgment and engage creatively. Critically, it will allow us to do so much for clients more economically — as the sidebar article discusses. After all, technology does not get tired, show up late, call in sick or take vacation, and doesn’t need food or other breaks. What, however, about those cadres of lawyers, paralegals and other personnel at firms currently doing legal research, analyzing documents, reading transcripts and engaging in all the other people-intensive tasks? AI will replace most of those tasks. On the other hand, AI will create the need for those who can develop and manage AI computers — legal engineers — and those who will be writing the necessary algorithms. What about all of the billable hours that legal research, document analysis and transcript reading produced? They will disappear; firms will have to rethink their operating business models. Thus, AI will both transform the practice of law and eliminate parts of it. For all lawyers, AI will mean adapt and embrace or be left behind — as other technological innovation has also affected the profession. To return to the email analogy, we will not be able to “delegate” AI to someone else within the firm. But no need to panic. AI platforms are not just for the “tech savvy”; the interfaces are user-friendly and often intuitive. Spoken language recognition will soon become routine — like my St. George. We need not fear the further advent of AI. Yes, it will transform much of how we practice today, but in ways that will allow us to better serve our clients. Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and co-editor of San Diego Lawyer.

The AI platform identified is Lex Machina, headquartered in Menlo Park. Its product is currently used by a number of law firms and corporations.

Artificial Intelligence TECH & Legal Services for the Public Good

rtificial intelligence (AI) disruption of the legal industry is imminent. Recent advances in natural language processing and machine learning algorithms now allow software to review documents — more quickly and accurately than lawyers. AI has the potential to save costs on routine legal services — document review, regulatory checks, trial research. Yet, as much as AI may benefit firms, it has the potential to displace them. How, then, can law firms keep pace with technological innovation and integrate computational power into their firms — rather than be displaced by it? One suggestion: provide AI and computationally aided legal services to underrepresented groups. Thus, firms may both hedge against AI risk and serve the public good. Currently, legal service delivery gaps exist for people who earn above the maximum income limit to receive services through Legal Aid ($25,812 for a family of four), but not enough to afford a lawyer charging $150$500 an hour. Routine tasks, however, for which it is prohibitive for law firms to charge below industry rates, can be automated; technologically integrated; and an entirely new client market retained. From family to immigration law, child and elder services, bankruptcy and consumer law, AI will enable firms to deliver routine legal services at a fraction of the cost, benefiting underrepresented groups. Legal bots will reduce client intake time, informing them about what to expect and introducing them to processes, costs and forms. AI can scan thousands of documents and draw from databases to suggest filing and judgment outcomes, drastically reducing billable hours and improving service delivery. Firms that adapt most quickly to this technological frontier, leverage AI and serve underrepresented groups will achieve a dual strategic advantage. Thus, AI can both serve the public interest and fill legal service delivery gaps within law firms. While it isn’t clear how soon AI will disrupt the legal industry, it is clear that legal service delivery is inextricably tethered to AI processing power. This hybrid field follows new rules: adapt and embrace or be disrupted. Mirona Constantinescu (mirona@ucla.edu) is a computer programmer and law student at California Western School of Law. March/April 2018 SAN DIEGO LAWYER 23

TECH

7 basic precautions every lawyer should consider By Bill Kammer ost commentators believe that the bad guys are becoming more sophisticated while cybersecurity defenses are not keeping up with the threats. Our profession is vulnerable because many lawyers donâ&#x20AC;&#x2122;t like math and donâ&#x20AC;&#x2122;t benefit from in-house IT support or the resources of cybersecurity professionals. Lawyers continue to be soft targets in the possession of valuable financial and client material. We must reasonably try to avoid responsibility for losing that data, and those efforts should include these seven basic steps.

March/April 2018 SAN DIEGO LAWYER 25

1. Determine Whether or Not You and Your Staff Have Been Hacked. Almost daily we read of another company or website such as Target or Equifax whose stored personal information has been stolen and is now for sale on the dark internet. For years, many used work emails to conduct personal business because we had no other reliable email accounts. If any legacy account were hacked, our usernames, email addresses and passwords have been compromised. The simplest way to check is the website https://haveibeenpwned.com. Enter any username or office email address into that search engine, and you will learn whether you have been part of a prior named compromise. That should serve as an initial warning to cease use of all passwords you may have used for those accounts.

2. Beef Up Your Passwords. A recent headline read “Lackadaisical Employee Attitudes to Cyber Security are the Biggest Risks to Enterprises.” Poor passwords are common and prone to security breaches. The risk is real: 43 percent of login attempts are malicious. But that risk can be solved: length is everything. Our offices should never allow passwords of less than 10 or 12 characters. The longer the better, and you can even use passphrases to avoid the challenge of remembering indecipherable passwords.

3. Use a Password Manager. Lawyers should never use the same password on multiple sites. However, avoiding redundancy will tax your memory and resources. The simple way around that is a password manager that allows use of a different password for all sites of any consequence. That avoids having to memorize anything other than a master password used to open the manager. Two managers frequently recommended are 1Password and LastPass, and they are inexpensive or even free.

4. Encrypt Everything. All of the data and documents on office systems should be encrypted . If the bad guys somehow gain access to your data, it will be relatively worthless without the key to your encrypted files. Encrypt your communications and the documents you attach to them, particularly those sent to 26 SAN DIEGO LAWYER March/April 2018

your clients. Ensure that all of your mobile devices, laptops, phones and tablets are encrypted. We have all heard stories of lost or stolen phones or laptops and the consequences to clients, attorneys and reputations. Finally, encrypt all of the USB drives you and your staff use. A recent study found that 8 out of 10 USB drives used by employees are unencrypted. Easily lost, those devices can contain valuable and confidential client and attorney data.

“Ensure that all of your mobile devices, laptops, phones and tablets are encrypted. We have all heard stories of lost or stolen phones or laptops and the consequences to clients, attorneys and reputations.” 5. Use a VPN. Whenever we travel, we probably use public Wi-Fi. We can expose data, passwords and credentials to hackers monitoring or intercepting that network traffic. A virtual private network is the simple solution. Some VPNs such as TunnelBear are free. Others, perhaps more robust and with better options, are reasonably inexpensive. When you have your VPN in place, all of your communications across public Wi-Fi networks are encrypted, and the threat of compromise is diminished.

6. Use Two-Factor Authentication. We are probably familiar with two-factor authentication because it has been imposed upon us by the banks and financial firms we deal with. Two-factor authentication requires not only a user name and a password to log into a site, but then a second entry of a code received by some other means, usually a text message. Even if your primary credentials have been

hacked or stolen, the thief must also have your mobile phone to overcome the barrier posed by two-factor authentication. If we remotely log into our office networks, we should never do so without using twofactor authentication.

7. Be Aware of Cloud Site Security. Many are switching to cloud-based applications for the creation and storage of professional documents. Similarly, many use cloud sites to exchange electronic discovery or to transmit documents to and from clients. Use due diligence from the outset to determine whether those applications or sites are password-protected, require two-factor authentication and store the data in an encrypted form. These tasks don’t get easier. For instance, many have only recently discovered the pervasive use of email tracking, particularly by merchants such as Amazon and social media sites such as Facebook. The emails we receive and read contain no apparent indication that information about the receipt or the opening of an email message is being sent back to the originator. Current estimates suggest that 80 percent of commercial email contains trackers and almost 40 percent of private email does also. Claims that someone never received an email or never read it are belied by the tracking information returned to the sender. We all have ethical and professional responsibilities to safeguard our clients’ data, and we should be motivated by business instincts to protect our own data in the same fashion. Sound cybersecurity practices will also ensure that you can pass client inspections or audits to determine whether the clients feel we are a security risk and subject to the compromise of their strategies or confidential information. It’s not just good housekeeping — it could mean professional and business survival.

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

in the Law & Tax Considerations By Julie Houth

ryptocurrency has recently caught the attention of the public and government regulators. Since then, most people have heard the term cryptocurrency and more specifically, Bitcoin. There are some people who believe it is a form of currency. Other people don’t know enough about it to have an opinion. Attorneys as legal advocates and advisers are confronted with the fact that some of their clients may own or would like to invest in cryptocurrency. This article is intended to provide a brief summary about cryptocurrency and the tax consequences that should be considered.

Bitcoin is by far the most popular and famous cryptocurrency. Bitcoin was first created in 2009 by an unknown person using the alias, Satoshi Nakamoto. Since Bitcoin’s debut, other cryptocurrencies have emerged such as Ethereum, Litecoin and Ripple. There are different methods of obtaining virtual assets. The methods include, but are not limited to, mining, exchanging cryptocurrency for sovereign (fiat) currency, exchanging cryptocurrencies for other cryptocurrencies or initial coin offerings (ICOs). Investors should note that no regulator has defined cryptocurrency as fiat currency, the money minted by governments.

What Are Cryptocurrencies and Where Do They Come From?

Initial Public Offerings vs. Initial Coin Offerings

Blockchain technology is the use of a decentralized, publicly distributed ledger that is replicated and hosted on various computers that create many digital carbon copies. Blockchain technology is utilized by cryptocurrencies, which are virtual or digital assets. Cryptocurrencies use decentralized control instead of central banking systems. This gives the system credibility in the way transactions are recorded. This essentially means that the data in a blockchain cannot be modified. This also means that transactions are made with no middleman so there are no banks involved.

After a private company has an initial public offering (IPO), that company transitions into a publicly traded, owned entity. There are many reasons a private company goes public, which could include raising capital and plans of growing and expanding the company. Companies that hope to go public negotiate and contract with investment banks in regard to the number and the prices of shares issued. The reason negotiations on the number and prices of shares issued is complex in this process is because the ultimate goal is to sell shares to the public for more than what was paid to the original owners of the company. IPOs

28 SAN DIEGO LAWYER March/April 2018

are generally seen in companies that have high capital and aren’t typically seen in small businesses. Since the emergence of cryptocurrencies, ICOs, a new fundraising instrument, permit smaller businesses to reel in investors. ICOs allow accredited investors to fund the creation of a blockchain that will compensate them in coins. These coins can be used on the network or traded for other cryptocurrencies. A big difference between an IPO and an ICO is that an ICO does not provide equity in the company. As a business owner, ICOs could be a good approach to retaining equity, while seeking out investors to bankroll the company’s capital needs among other things. Where Can You Invest and Exchange Cryptocurrencies? There are several ways to exchange cryptocurrencies. Gemini, Kraken and Robinhood are some exchange vehicles for cryptocurrency. The most popular and well-known is Coinbase. These exchange vehicles provide a way to buy and sell virtual assets. Some of these companies only allow an investor to buy and sell certain types of cryptocurrencies so investors should be aware of these restrictions. For example, Coinbase only allows an investor to buy or sell Bitcoin, Bitcoin Cash, Ethereum and Litecoin. The

popularity of Bitcoin and other virtual assets not only drew in investors but also government regulators. IRS Tax Reporting Requirements Since Bitcoin’s debut in 2009, many people made a lot of money over the years without any type of government regulation. In 2014, the Internal Revenue Service (IRS) issued Notice 2014-21, which describes how existing tax principles apply to transactions involving virtual currencies like Bitcoin. In this Notice, the IRS indicates that virtual currencies that can be converted into traditional currency are considered property for tax purposes and that a taxpayer can have gain or loss on the sale or exchange of a virtual currency. There are a few key things to take away from IRS Notice 2014-21. Firstly, income from exchanging cryptocurrency for goods or services is the fair market value of the virtual currency in the date the property was received in U.S. Dollars. Secondly, the basis is equal to the fair market value on the date the currency was received in U.S. Dollars. Next, the character of gain or loss

The popularity of Bitcoin and other virtual assets not only drew in investors but also government regulators. depends on whether the cryptocurrency is a capital asset. Those gains or losses could be reported as either capital gains or ordinary income, depending on the transaction. An example would be if the virtual currency was held as an investment property. In that case, the gain or loss on the sale would be considered capital gain or loss. Lastly, IRS Notice 2014-21 is the only IRS position on tax reporting requirements as of present. The IRS and State Regulators on Cryptocurrencies

cryptocurrencies, the laws around this TECH topic are still very novel. However, now that the IRS has cryptocurrenices on their radar, other government regulators are sure to follow. By way of illustration, in 2015, the New York Department of Financial Services created something called the BitLicense regulation. BitLicense was created to regulate the administering, buying, exchanging, issuing, selling, storing and transmitting of virtual currency. In January 2017, Coinbase became only the third entity to receive a BitLicense. There have been speculations that California is seeking to impose a similar license that would require any business interested in transactions involving cryptocurrencies to hold a license, but this rule has yet to be enacted. Attorneys, tax professionals and investors should stay tuned. Julie Houth (jhouth@gmail.com) is a graduate from Thomas Jefferson School of Law, received her LL.M. from the University of San Diego School of Law, and is licensed to practice in New York.

Although the IRS has taken a step toward regulating transactions involving

BEST OF BLAWG401 The SDCBA relaunched its official blog, Blawg401, earlier this year. Below are snippets from a few recent and most popular posts. Read all of these and more at www.sdcba.org/blawg401. “All lawyers experience the phenomenon of suddenly being ‘the family lawyer.’ Of course, we are willing to help. That is what friends and family members do. But with those changed expectations and our willingness to help, dangers are created. Dangers for the lawyer and dangers for the client.” Avoid the Family Affair: Dangers of Becoming the Go-To Lawyer for Family and Friends by David Cameron Carr “Don’t ignore questions you don’t want to answer, such as queries about a ruling that went against your client. You will earn more credibility if you respond in both good times and bad.” 10 Tips for Helping and Not Annoying Reporters by Lyle Moran “According to attorney Eric Ganci, you can smoke outside, but you ‘can’t smoke in public or within 1,000 feet of a school or daycare center when children are present’ and more laws are likely to be created by local governments.” In the Weeds: What You Need to Know About Legal Recreational Marijuana in California

Blawg401 features articles on law practice management, tech, wellness and more.

www.sdcba.org/blawg401 Interested in contributing? Email jlittle@sdcba.org.

March/April 2018 SAN DIEGO LAWYER 29

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RansomWare: A Growing Threat Attacks in 2017 And Beyond

ansomware, a method of electronically attacking corporations and individuals by holding their data hostage, has gained massive popularity amongst hackers in the last several years. Ransomware is the first form of malware to present the threats of both the destruction of important data and the economic harm the loss of that data can create. Ransomware attacks will continue to increase in scope and severity in years to come, necessitating continuous vigilance. In essence, ransomware acts by taking data that is of value to an entity but not deleting it. The ransomware acts as a figurative glass wall, allowing the owner of the data to physically possess that data but not access it. This is accomplished by implanting a virus on the owner’s hard drive, usually by means of an infected link in an email or other innocuous-looking document. Once the link is clicked, the ransomware works by encrypting the entire storage system. The hackers then threaten to destroy the data unless a ransom is paid. 2017 saw some of the worst ransomware attacks to date, escalating exponentially in size and gravity over previous years. According to a study by the Kaspersky Lab, over 479 million attacks occurred from online sources during the first quarter of

2017, up by over 250 percent from years past. These attacks ranged across countries and industries, and plagued corporations of all sizes.

WannaCry had caused serious damage on an international scale. WannaCry remained active for the majority of 2017, and has only recently started to decline in frequency.

2017 Ransomware Attacks

In early June of 2017, another selfreplicating computer virus known as NotPetya swept the international community, spreading itself from computer to computer in major networks by using a modified version of the WannaCry virus. NotPetya operated by seeking to gain administrative access on vulnerable systems and subsequently use that access to move to and encrypt data on other systems on the network.

In May 2017, an international ransomware outbreak occurred in the form of WannaCry, a self-replicating computer virus that took advantage of a vulnerability in the Microsoft Windows program, infiltrating systems large and small. WannaCry infected over 300,000 computer systems in 150 countries, from China to Britain to the United States, including Britain’s National Health Service. The virus asked for payment of 300 dollars in bitcoin digital currency for each compromised system, and threatened to erase the data in question within seven days. The attackers were paid approximately 130,000 dollars from various sources in bitcoin as a result. Ironically, Microsoft had released a patch to rectify the vulnerability exploited by WannaCry in March of 2017, several months prior to the attack. The patch was part of ‘automatic updates’ for systems using Windows 10, but did not work on systems running older versions of the Windows system. Microsoft eventually released patches for the older systems, but not until

It appears that NotPetya exploited a vulnerability in the accounting software used by eighty percent of businesses in the Ukraine, creating a backdoor that allowed it to infiltrate systems when users conducted routine software updates. As it spread, NotPetya caused serious harm globally, economically damaging several international corporations. A unique aspect of NotPetya was the fact that despite requesting 300 U.S. dollars in bitcoin to release the information, NotPetya was programmed to permanently destroy the information it captured and never allow data owners to reclaim access, even after payment. March/April 2018 SAN DIEGO LAWYER 31

One major corporation severely affected by NotPetya was the Danish transport and energy firm Maersk, the world’s largest container shipping business. NotPetya caused the shutdown of Maersk’s IT systems across multiple sites for five days, leaving employees to communicate via WhatsApp on their private phones. Maersk, which is responsible for approximately fifteen percent of the world’s shipping network, was forced to stop operations at over 70 shipping terminals internationally. This attack cost Maersk between an estimated 200 and 300 million dollars due to the negative impact on their business volume, creating a significant deficit in its profit margin for the third quarter of 2017.

Ransomware and Law Firms Ransomware attacks have the potential to be especially detrimental to law firms, which rely heavily on electronically stored information in their daily business practices. This was exemplified by the havoc wreaked by NotPetya on the global offices of DLA Piper, an international firm with more than 3,600 attorneys, in June 2017. The attack originated in the firm’s Madrid, Spain office and rapidly spread across its international

Ransomware:

2017 in Numbers Three massive outbreaks:

WannaCry in May; Expetr in June; BadRabbit in October 700,000 victims of Wannacry worldwide One in six businesses who paid ransom never recovered data 65% of businesses hit in 2017 lost access to a significant amount of data 34% of those affected took a week or more to restore full access

network, including phone systems and the firm’s web portal. The firm directed all employees to shut down computers as a precaution, and advised them to refrain from connecting to the firm’s network at all costs. For several days, all DLA Piper’s operations were at a standstill, with attorneys and staff having to conduct business via cell phone and texting. A week later, the firm was still recovering from the attack, bringing back informational services online in a graduated fashion to avoid corruption of data. Insurance brokers estimated that the fallout from the attack would cost the firm millions. Ransomware attacks on law firms in the past several years have not discriminated based upon size. In May of 2016, a ransomware virus infected the ten-attorney Rhode Island firm of Moses Alfonso Ryan after one of its attorneys opened a malware-encrypted email attachment. Moses Alfonso Ryan then lost all access to the documents and information stored on its network. Over the next several months, Moses Alfonso Ryan engaged in unsuccessful efforts to remedy the virus, eventually contacting and paying the ransom demand of the hackers via bitcoin in June of 2016.1 The firm then obtained an initial decryption key from the hackers, only to find out the key didn’t work. Moses Alfonso Ryan made subsequent contact with the hackers, having to renegotiate a ransom price and paying a second ransom demand. The firm obtained a second decryption key, which served to finally allow Moses Alfonso Ryan to access its servers and network after almost three months of complete inability to gain entry. In June of 2017, the firm filed a lawsuit against their insurance company for the 700,000 dollars in lost billings caused by the attack.

RaaS on the Rise Unfortunately, the forecast for 2018 does not indicate any relief from costly ransomware attacks, which look to be the most profitable hacker business model yet conceived. Ransomware is now offered as an online service for hackers on the dark web. Ransomware as a Service (“RaaS”) is allowing the distribution of ransomware with increased frequency. This business

Source: Kapersky Lab 1

32 SAN DIEGO LAWYER March/April 2018

http://www.abajournal.com/files/MosesAfonsoSuit.pdf

model is expected to grow in popularity in the coming year. One of the most popular RaaS programs is Cerber, which works by encrypting the files of infected uses whether or not the infected computer system is connected to the internet. Cerber infestations accounted for over forty percent of ransomware attacks in 2017. Another distributor, Satan, showcases the RaaS distributor business model very simply- it mimics that of any other online service, allowing users to join for free and pay based upon profits. Satan’s homepage tells hackers that they must sign up for an account, and that any bitcoin paid to them by ransomware victims will be credited to that account. Satan keeps thirty percent of the victim’s payment as a form of payment, letting the purchaser retain the other seventy percent. RaaS distribution makes basic ransomware more widely available to non-sophisticated hackers on the dark net, increasing its spread and potential profitability. With the threat of ransomware growing in frequency and severity, both corporate entities and individuals must be strategic in the handling of their data. This is especially true of that data which, if compromised, would impede or stop the conduct of business on a daily basis. There is a bright side, however, in that there are several simple things which can be done to protect against ransomware. The first, as illustrated by WannaCry, is to keep your software up to date. The second, which appears obvious, is to install antivirus software on all business computer systems. The third is to backup all data on separate backup drives which are not immediately connected to the primary system, thereby removing any access issues if the primary system is affected. Ransomware is rapidly evolving, but being consistently aware of threats and remaining prepared are the best protections corporate entities and individuals alike can take to avoid their data being compromised. Anjali Kulkarni is a CIPP certified trial associate at Duane Morris in San Francisco with experience in handling cyber privacy and security related cases. Joseph M. Burton is a partner at Duane Morris specializing in cybersecurity and digital evidence matters.

JUDICIAL CANDIDATE EVALUATIONS

JEEC Quick Facts

JEEC Evaluations COURTE SY PATIE & NCE

SION & COMPAS NDING TA UNDERS

INTEGRITY & HONESTY

COURTES PATIENC Y & E

ION & COMPASS ANDING UNDERST

C M A AS E L O NAG AD EME NT

COURTE SY PATIE & NCE

INTEGRITY & HONESTY

S& BIA ANCE ER TOL

SION & COMPAS NDING TA UNDERS

• The SDCBA has been providing evaluations for candidates in contested judicial elections since 1978.

Exceptionally Qualified

NA LOAD S & GEME BIA ANCE NT R TOLE

Well Qualified

INTEGRITY & HONESTY

COURTE SY PATIEN & CE

SION & COMPAS NDING TA UNDERS

• For 2018, we added a numeric scale to our evaluation process to reinforce the objectivity of the process and to provide an additional tool for the Committee.

C M A AS E L O NAG AD EME NT

CA MA SE

S& BIA NCE RA TOLE

• The Committee is comprised of 21 members who represent a cross-section of our diverse legal community.

• All information submitted to the Committee is confidential.

INTEGRITY & HONESTY

C M A AS E L O NAG AD EME NT

S& BIA ANCE R TOLE

• Candidates are not compared to one another — each candidate is evaluated on their own merit and given their own evaluation.

• To evaluate candidates, JEEC members gather information and insight from the legal community and beyond.

COURTE SY PATIEN & CE

& SSION COMPA NDING TA UNDERS

If you are not a lawyer, how do you know which judicial candidates are qualified to serve? The average San Diego citizen has C M A AS E L O S& NAG AD BIA ANCE EME R E L very little access to information about judicial candidates, and that’s why the San Diego County Bar Association created its NT TO Judicial Election Evaluation Committee (JEEC) and its evaluation process. Originally modeled after the process used by the State of California’s Judicial Nomination Evaluation Committee (JNE) to vet judicial applicants for appointment, our JEEC process reviews candidates in contested elections only and gives them one of four evaluations. The evaluations are then widely publicized throughout our community as a service for voters.

Qualified

INTEGRITY & HONESTY

Lacking Qualifications

If the JEEC Committee does not have enough information, they can also deem a candidate “Unable to Evaluate.”

Judicial Candidates are evaluated on 15 different factors, including: Fairness & Objectivity Integrity & Honesty Decisiveness

Trial Experience Intellect And Ability Tolerance & Lack of Bias

Judgment & Common Sense Judicial Temperament Knowledge Of The Law Professional Reputation

Caseload Management Courtesy And Patience Writing & Research Skills Compassion & Understanding

Race, gender, sexual orientation, religion, disability and political affiliation and type of law practice are not factors in the evaluation process. To read about the Judicial Evaluation Election Committee Process and the Committee’s rules, visit

www.sdcba.org/judicialevaluations Our evaluations will be posted in May, be sure to look for them on our website and share them with other voters! March/April 2018 SAN DIEGO LAWYER 33

TO PATENT OR NOT TO PATENT? How, why and what to consider By Erin Gibson

or more than a decade now, our country has engaged in a great patent debate, leaving companies and inventors to question whether to patent inventions. While strong patent portfolios still drive many industries, a patent is not a panacea. Any decision to pursue patent rights must be a careful one in view of costs. Patent quality and value vary widely. Many companies, from startup to Fortune 100, obtain patents to ensure exclusive rights, maintain market position, demonstrate expertise and increase power in licensing negotiations with other companies. Many companies use the patent system extensively. For example, IBM has led the United States in obtaining U.S. patents each year for the last 25 years. IBM inventors obtained a record 9,043 patents in 2017. For some startups and companies in fundraising stages, the exclusivity promised by patent-protected products and services gives investors confidence and reduces risk. For these companies, obtaining patent rights can be critical to obtaining funding. Other companies eschew patents for a number of reasons. Perhaps their intellectual property is protected more effectively with trade secret protection — the most notable example being the Coca-Cola recipe. Perhaps 34 SAN DIEGO LAWYER March/April 2018

they cannot justify the costs, including the cost of obtaining, maintaining and enforcing patents. Or perhaps they simply perceive that patents lack benefits to their business models. Such companies may prefer to protect their intellectual property in other ways, such as by seeking trademarks and copyrights for key aspects of their products and brands. Still other companies purchase patent portfolios and license them under threat of litigation as their only source of revenue. These are the non-practicing entities or “patent trolls” that have embroiled much of the technology sector and Capitol Hill. Meanwhile, companies who obtain little value from patents and must constantly defend against lawsuits brought by non-practicing entities have sought legislative relief, leading to the America Invents Act (AIA) of 2011 and the inter partes review process in the U.S. Patent and Trademark Office (USPTO), where granted patents’ validity can be challenged quickly outside of federal courts.

WHERE TO START Companies considering patents should develop an intellectual property strategy that best protects their inventions and their place in the market. A good strategy arises from a thorough assessment of legal and business concerns.

At its heart, patent strategy is a cost-benefit analysis: What will the intellectual property strategy cost, and what benefits does the company receive from that outlay? What is the best overall mix of intellectual property protection that allows the company to achieve the benefits it desires? Benefits may include a positive image with respect to technological capability, market exclusivity, protection against competitors, licensing revenue, or an increase in the asset value of the company, among other things. For many companies, particularly small companies and solo inventors, the question of whether to seek patent protection is often constrained by the cost of acquiring, maintaining and asserting a patent: How much do I need to pay to get an issued patent, and once I have it, what do I do with it? Can I afford to license, enforce or commercialize my invention and get a return on my investment?

ASSESSING COSTS AND VALUE Patents are not cheap. If your intellectual property can be protected by trade secrets — for instance if your invention once commercialized cannot be reverseengineered (although today, many can) — then trade secret protection could be the better route.

If a patent is necessary, then with patent applications, you get what you pay for. Patent drafting costs vary widely depending on the attorney, subject matter and time required. Public statistics indicate attorneys’ fees and costs of $5,000-$20,000 or more through filing of a patent application. The USPTO’s fees for patent filing and prosecution are reduced for small or micro entities. The USPTO maintains its fee schedule online. After a patent issues, maintenance fees are due at regular intervals (3.5, 7.5 and 11.5 years) and cost about $3,150-$12,600 total, depending on the large, small or micro entity status of the patent holder. Given the cost, anyone about to spend money for patent protection should understand the likely quality and asset value of the patent once it issues — and whether certain patent claims are likely to issue at all. Patent quality and value will be impacted not just by the skill of the patent drafter, but also by existing patents and other prior art. A patent search before drafting the patent application will tell you whether it makes sense to pursue a patent in the first place. Also, the United States is now a first-inventorto-file patent system, so waiting to file a

“At its heart, patent strategy is a costbenefit analysis: What will the intellectual property strategy cost, and what benefits does the company receive from that outlay?”

If others have patented similar inventions, then even if the patent issues, the issued patent claims may be narrowly drafted or even different from the products the inventor thought his or her patent would cover in the first place. The incremental value of the patent over the prior art may be small, or the patent may cover a feature or implementation that no one uses or wants to use.

patent application increases risk. This is in addition to the AIA rule that you cannot seek patent protection for an invention made available to the public before the effective filing date. Filing a patent is not a guarantee that patent claims will issue. Patent claims often are amended during prosecution to overcome claim rejections from a USPTO patent examiner.

Patent inventors also may seek to enforce their rights through litigation, which is very expensive, and at which point the patent will undergo strenuous infringement and validity challenges in federal court or before the USPTO. Getting to a judgment often takes years. Stays of litigation pending inter partes review proceedings at the USPTO are common and can increase time to trial by 18 months. In sum, a patent can be powerful — but not every patent is. As with any investment, an inventor should thoroughly assess whether to seek a patent before jumping in. Erin Gibson (erin.gibson@dlapiper.com) is a partner with DLA Piper.

JUDICATE WEST CONGRATULATES HON. JOEL M. PRESSMAN, RET. JUDGE OF THE YEAR CASD AND SDDL

MAIN AREAS OF EXPERTISE: All types of Personal Injury Business/Contractual Class Actions Employment Professional Malpractice Real Estate/HOA

For scheduling, call (619) 814-1966

TOP OF THEIR GAME There are many rising stars among San Diegoâ&#x20AC;&#x2122;s lawyers, but at present, four of our legal public powerhouses are all attorneys who started in various positions in their offices and worked their way up to the top spot. Mara Elliott started her career as a Deputy City Attorney in 2009 before being elected to serve as City Attorney in 2016. Our County Counsel, Thomas Montgomery, has served in his office since 1984, beginning with his first position as Deputy County Counsel. Randy Mize, San Diegoâ&#x20AC;&#x2122;s Public Defender, started at his office in 1988, and has served in the head position since March 2017. District Attorney Summer Stephan served as a Deputy District Attorney for 27 years before taking over as District Attorney in 2017. We asked Mara, Randy, Tom and Summer to share their journeys to the top with us, and what advice they would give other attorneys who are hoping to rise through their office ranks. PHOTOS BY JASON DE ALBA 36 SAN DIEGO LAWYER March/April 2018

MARA ELLIOTT

SAN DIEGO CITY ATTORNEY

First job out of law school? A litigator with a small plaintiff’s employment law firm. Your first position in your current office? Deputy City Attorney. Why were you interested? I enjoy public service because the work is always new and interesting. At the end of the day, I feel like I’ve made a difference. One characteristic that you attribute to your success? Determination. I don’t let anything or anyone define who I am or what I bring to the table. Once I decide I want something, I’m all in. Advice for others? It’s important to step outside of your comfort zone. I’ll promote the person who tried and failed over the person who refused to take a risk. I also look for the person who has the attitude that no job is too small, even if that means answering your own phone or greeting guests in the reception area. Finally, treat people like you want to be treated. Subordinates mimic their leaders, so be the person you want your employees to be.

to be give and take. When I meet someone, I jot down notes about our mutual interests and our discussion on the back of their business cards. If something that interests my new connection comes to my attention, I’ll shoot them a quick email or give them a call. What are you most passionate about? Changing people’s lives for the better. During my first year in office, we refocused our priorities on the issues that matter most to me: victims of domestic violence, children and the elderly. How do you ensure work/life balance? I spend a lot of time in the community because that’s what the job requires, but I limit myself to three nights out per week so that I can spend quality time with my family the remaining four evenings. I’m transparent with staff about my family obligations. I do not want my staff to feel like they have to hide their personal lives in order to get ahead in the office. Balanced attorneys are happier and more productive, and they stay with our office longer. Best technological change for your work? My iPad. I take it everywhere.

“Treat people like you want to be treated. Subordinates mimic their leaders, so be the person you want your employees to be.”

Is networking important in your position? Yes. My career is based on relationships, but there has

RANDY MIZE

SAN DIEGO COUNTY PUBLIC DEFENDER

First job out of law school? I had a small private investigation business during and after law school. In the summer of 1988 the Board of Supervisors created the County of San Diego Public Defender's Office. I had just passed the bar and decided to interview with the newly created office. I was hired as a level one Deputy Public Defender with an annual salary just under $23,000. Your first position in your current office? I was sent to Juvenile Court as a delinquency attorney. I was one of only four lawyers assigned there and had no formal training whatsoever. Jeff Reilly, an experienced and phenomenal lawyer, plus now Superior Court Judge Ana España were my Public Defender mentors. It was truly an exciting time early in my career. Advice for others? If an attorney becomes preoccupied with "moving up the ladder," rarely does he or she achieve that outcome. Look only to the job at hand. Be the most prepared lawyer in the room. Take the time to learn the social history of each of your clients. Know the law and the evidence code. Be a tenacious litigator but do not forget skillful and thoughtful negotiation is the backbone of your work. Be ethical, show good judgment and

disagree without being disagreeable. Help your colleagues, have the best interest of your clients and "the ladder" will take care of itself. Is networking important in your position? Managers, administrators and department heads must effectively network in today's complex world to sustain and grow their businesses. It is no different within the criminal justice world. The Public Defender’s Office cannot be a silo. We reach out regularly with our public safety partners to improve outcomes and reduce recidivism for our clients. What are you most passionate about? I am most passionate about motivating our clients to want to change their lives. Public defenders and criminal defense lawyers have to do more than just mitigate their client’s exposure to custodial consequences. We must figure out how to get our clients off of the wheel of recidivism. Best technological change for your work? The internet has revolutionized my office. The law library is now online and all of our discovery comes to us electronically and is automatically populated onto each attorney’s portable laptop device.

“Help your colleagues, have the best interest of your clients and ‘the ladder’ will take care of itself.”

March/April 2018 SAN DIEGO LAWYER 37

THOMAS MONTGOMERY

“Understand and appreciate the importance of the dayto-day work performed by county employees, your clients.”

First job out of law school? I was a law clerk in the Law Offices of D. Dwight Worden during Law School and stayed on after the bar exam in July 1983 until I joined County Counsel in March 1984.

motivator and pushes you to find creative solutions to your clients’ legal challenges. This, in turn, makes you a critical component of your clients’ success, which is a major factor in moving up the ladder.

Your first position in your current office? Entry-level Deputy County Counsel advising County Departments such as the Assessor, Tax Collector, Auditor and Health Department. I also assisted in handling the mental health court calendar.

Is networking important in your position? Substantive networking is very important. We have a state-wide County Counsel Association and a local City Attorney Association that are tremendous resources and provide the type of networking that is important to me.

Why were you interested? I was interested in practicing environmental law and saw the potential to practice in the field. I eventually reached my goal when I was assigned to represent the Department of Environmental Health and the Air Pollution Control District Hearing Board.

Most memorable project? Working with the City of San Diego in its attempt to keep the Chargers in San Diego. It was a frustrating and fascinating glimpse into the personalities and decisionmaking processes in the NFL.

One characteristic that you attribute to your success? Prior to moving into management: Focusing on the work I was doing rather than the position I was in or hoped to achieve. After moving into management: Not being afraid to hire people who are a lot smarter than I am. Advice for others? Understand and appreciate the importance of the day-to-day work performed by county employees, your clients. Knowing you are supporting this work is a great

SUMMER STEPHAN Your first position in your current office? I started as an entry-level Deputy District Attorney I in 1990 and rose through the ranks to become Chief of two large divisions, Chief Deputy DA from 20122017 and in 2017 became the District Attorney of the second largest DA’s office in California. I’m the first District Attorney to have risen through the ranks from an entry-level position to the District Attorney. I’m beyond fortunate that my passion and profession met so that every day I could live the dream of fighting for liberty and justice for all.

“Really investing yourself in learning and growing at every stage in your career naturally leads to moving up the ladder.”

38 SAN DIEGO LAWYER March/April 2018

SAN DIEGO COUNTY COUNSEL

Why were you interested? I always felt a drive to fight for the underdog, to take down the bully and to make people feel safe and protected. I also loved TV shows about courtroom drama and the courtroom as the best of democracy. Those two aspects came together perfectly in the job of being the people’s voice of justice. I did an internship at the DA’s office while going to law school and was forever smitten. One characteristic that you attribute to your success? Courage. I’ve been able to have the courage to persevere in the face of obstacles and disappointments, and the courage to refuse to compromise on truth and integrity.

What are you most passionate about? The people. Working each day with all of the staff in my office, the Board of Supervisors, Helen RobbinsMeyer and her Executive Team and the various departmental employees I contact is a tremendous privilege. Being part of this team of individuals makes this an amazing job. How do you ensure work/life balance? I run or walk during lunch each day.

SAN DIEGO COUNTY DISTRICT ATTORNEY Advice for others? Always do the best you can at the place that you are in your career track. Many think that success or climbing the ladder is about how fast you get somewhere, but if you skip the important building blocks, you may get up the ladder, but you won’t be equipped to handle the responsibility of leadership the right way. Really investing yourself in learning and growing at every stage in your career naturally leads to moving up the ladder. Is networking important in your position? Networking in my career has been about developing real relationships that are built on connection with another person. I love getting to know people and to appreciate their talents and strengths; with that came a strong network of community that has enriched and sustained me in my career and personally. What are you most passionate about? I’m passionate about giving a voice for justice for the voiceless and most vulnerable, like victims of sex crimes and human trafficking. These crimes rip at the very spirit and not just the body of the victims.

Annual An Evening In La Jolla

SAVE THE DATE 10.06.2018

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

The Best Legal Party in town, has a NEW look and location. Mark your calendars for the 21st annual “An Evening in La Jolla” – an evening of mingling, live music, watching the sunset and fun.

Call or go online today to become a sponsor! 619.231.7015 sdcbf.org/elj2018 A benefit supporting San Diego’s legal charities March/April 2018 SAN DIEGO LAWYER 39

The New California Recording Fee Understanding the $75 fee and exemptions that can impact your law practice By Ernest “Ernie” Dronenburg Jr.

to assist and educate taxpayers on how to correctly record their instruments without error.

Exempt from the SB-2 recording fee are transfers of real estate to an owner occupier of a residential dwelling, also exempt are home purchases and sales where documentary transfer tax is paid. Before SB-2 was implemented your recording cost was $15 for the first page and $3 for each additional page with certain documents requiring a $3 real estate fraud fee. Now, you pay the original recording fees plus an additional $75 per instrument up to $225 per transaction.

“The main issue leading to ambiguity in the legislative language is from the $225 cap and whether or not it’s applied to transactions ‘in connection with’ each other.”

ou may have noticed a major increase in recording fees for your law firm and clients. In 2017, the California Legislature passed Senate Bill 2 (SB-2), authored by Senator Atkins, that went into effect on January 1, 2018. SB-2 added an additional $75 recording fee for each recorded instrument with a cap of $225 of the SB-2 fees per each real estate transaction.

The new recording fee has had a broad impact raising costs on everyone. SB-2 impacts all companies and individuals who use real property to secure debts and establish property rights. For example, clients filing a lis pendens during the course of litigation, family law attorneys filing a Family Law Real Property Lien (FARPL) to allow a client to afford legal representation, utility companies recording an easement, or a service providers mechanic’s lien for unpaid work, all record instruments to secure that their fees will be paid. Under SB-2 all of these persons and companies will have to pay the increased $75 - $225 recording fees. To ease the implementation process, my Recording Office established a grace period 40 SAN DIEGO LAWYER March/April 2018

We also established a 17-page fee grid to determine possible scenarios industry can reference to determine whether or not they need to pay the recording fee. Most importantly, my team and I met with industry to educate them on the changes.

Thanks to Renee Linton and the San Diego County Bar Association Estate Planning and Probate Law Section, I recently had the pleasure of presenting an overview of the new SB-2 recording fee and exemptions. Here are five takeaways to help your firm and clients navigate the new recording fee: 1. When in doubt call my team County Recorder’s Office before you record. We want to make it easier for you. You can contact my team directly at (619) 5315007 for quick assistance with SB-2 questions. 2. SB-2 rules and exemptions are not uniform amongst all of California’s 58 Counties. The legislation was written

ambiguously and all 58 counties don’t have unified implementation. The information below is for San Diego County. 3. San Diego County applies the $225 recording fee cap for all instruments that are part of the same real estate transaction recorded and all trailing documents connected with the transaction recorded within 60 days. The County Recorder’s office has strictly interpreted the legislation and found nine of the most common exemptions to the legislation so taxpayers do not incorrectly pay more than is due. The main issue leading to ambiguity in the legislative language is from the $225 cap and whether or not it’s applied to transactions “in connection with” each other. Many counties only apply the $225 maximum SB-2 fee cap to instruments part of the same real estate transaction filed at the same time. My office interpreted the language in SB-2 to mean the $225 maximum fee cap will apply to all instruments that are recorded within 60 days of the initial recording as long as these multiple instruments are part of the same real estate transaction. 4. Use the San Diego County optional cover sheet to make it easier for you to record. The Cover Sheet outlines the available reasons for an exemption from the $75 recording fees. My Recording team created a coversheet to take the guess work out of the recording process. This coversheet is provided as a courtesy in person and online at www.sdarcc.com. Go to the

section for Forms/Recording Forms titled “Cover Page for Recording Documents with SB-2 Atkins Exemptions”. 5. San Diego County has nine exemptions to the SB-2 recording fee. Reminder: Not every county offers exemptions and this applies only to San Diego County. Here are the nine exemptions from the SB-2 recording fee authorized under GC27388.1: i. Recording an instrument in connection with concurrent transfer that is subject to the imposition of documentary transfer tax. ii. Recording an instrument in connection with concurrent transfer that is subject to the imposition of documentary transfer tax on a previously recorded document. iii. Recording an instrument as part of a real estate transaction that has already paid the $225 maximum fee cap. iv. Recording an instrument that is “in connection with” other prior

recorded instruments part of the same real estate transaction and the $225 maximum fee cap had been already paid. v. Exempt due to the instrument transfers real estate that is a residential dwelling to an owneroccupier. vi. Exempt due the instrument recorded being is in connection with concurrent transfer that is a residential dwelling to an owneroccupier. vii. Exempt due to the recorded instrument being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. viii. Recording is not related to real property. ix. Catchall Exempt from the fee for a reason not listed above. To best implement SB-2, my office worked with industry professionals through our T.E.A.M. (Title, Escrow, Appraisal, and Mortgage) quarterly meetings where we hashed out issues, found solutions, and agreed on items such as the length of the grace period to return errors. These

valued partners may not have anticipated all the unforeseen circumstances from the challenging legislation. My office needs your input, feedback, and partnership in assisting the legal community and your clients with any issues that have arisen from implementing SB-2. We are still seeing changes to the SB-2 legislation. For instance, cleanup legislation, Assembly Bill 110, was passed in record time to exempt some Federal, and all State, County, City, and quasi-governmental agencies from paying the additional SB-2 recording fees. We at the California Recorders Association are advancing more cleanup legislation and need your help identifying issues to fix from the unforeseen impacts. If you have questions, you can reach my Recorder Supervisor team at (619) 531-5007 or email me directly at ernest.dronenburg@sdcounty.ca.gov. Thank you for the opportunity to serve you. Ernest “Ernie” Dronenburg Jr. is the Assessor/Recorder/County Clerk for San Diego County.

Introducing the Slomanson International Law Collection By Law Library Staff and Professor William Slomanson

he San Diego Law Library is proud to announce that the Law Library is the recipient of a substantial donation of international law books from Professor Emeritus William Slomanson of the Thomas Jefferson School of Law. Professor Slomanson, author of the textbook Fundamental Perspectives on International Law (Sixth edition), developed the collection of over 1,300 books from around the world to support his teaching and writing on international law. On behalf of the Law Library, the Law Library Board of Trustees expressed appreciation for the donation, exclaiming, “We are grateful for your generous support of the library. There is no way to fully express our gratitude for your donation.” SDLL Core Operations staff, headed by Laurel Moran, recently completed cataloging the donated items. They are now identified and searchable as the “Slomanson International Law Collection”

using our new online public access catalog, GILL (Gateway Into the Law Library, https://catalog.sandiegolawlibrary.org). According to Professor Slomanson, “The addition of this collection implements a key aspiration in the International Court of Justice Statute — greater access to the published works of the prominent teachers and judges by the business, diplomatic, legal and political communities.”

Professor Slomanson expressed his gratitude to the SDLL staff in the following terms: “I deeply appreciate your respective roles in organizing, classifying, labeling and shelving this novel feature of your library.” He added, “I am also grateful to the law school — especially former Dean Kenneth Vandevelde — for the support of my

scholarly endeavors. This gift now serves as yet another link between the law school, bench and bar.” Professor Slomanson lectured and taught international law courses in 20 countries. He has written extensively on a variety of international law topics. Many of the unique items in the collection come from his work and experiences as a Visiting Professor at Pristina University in Kosovo and from his teaching international law to the United Nations Sixth Committee (Legal) at the United Nations in New York. The Slomanson International Law Collection is located on the fourth floor of the downtown Law Library. It can be identified by the plaque that reads “San Diego Law Library Foundation hereby thanks and acknowledges Professor William Slomanson, Thomas Jefferson School of Law, for the donation of his international law books to the San Diego Law Library collection.” March/April 2018 SAN DIEGO LAWYER 41

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 Adelman

Sergio Feria

Laura Miller

Doc Anderson

James Frantz

Gerald Mulder

Judy Bae

Douglas Glass

Charles Pinney

Jedd Bogage

Alvin Gomez

Connie Broussard

Charles Hayes

Jose Castillo

Van Haynie

Andy Cook

Stephen Hogan

Todd Stevens

Steven Coopersmith

Rhonda Holmes

Kimberly Swierenga

William Dougherty

Richard Huver

Thomas Warwick

Alexander Dychter

Steven Lorber

Andrew Wilensky

Teodora Purcell Johanna Schiavoni

New Patron Membership Option Patron members may now attend any SDCBA CLE or social event at no charge. For details, visit www.sdcba.org/renew or contact the SDCBA Member Services team at mbr@sdcba.org.

FRIEND MEMBERS Laura Ashborn

David Dugan

Raymond Navarro

Steven Barnes

Thomas Fitting

Anthony Passante

Robert Baumer

Susan Fox

Anne Perry

Scott Carr

Ronald Greenwald

Kristi Pfister

Ajay Gupta

Michael Roberts

Mark Kaufman

Stella Shvil

Linda Cianciolo Teresa Dietz

42 SAN DIEGO LAWYER March/April 2018

Marguerite Lorenz

SAN DIEGO COUNTY BAR FOUNDATION #MeToo at Home: Legal Aid for Domestic Violence Victims in San Diego County

any predict that the next phase of the #MeToo movement will be a more public conversation about domestic violence, with additional victims coming forward. Already, according to the San Diego Domestic Violence Council, there are 17,000 domestic violence incidents across the county every year — and this doesn’t include all of the incidents that are not reported. These traumatized victims often need legal assistance to separate from their abusers, protect their children and secure long-term safety and stability. Luckily, San Diego has many organizations offering assistance, and the San Diego County Bar Foundation — the charitable arm of the San Diego County Bar Association and in partnership with the San Diego legal community — provides funds to several nonprofits serving domestic violence victims. For each organization, the San Diego County Bar Foundation’s Grant Review Committee vets each request, conducting thorough site visits and interviews to ensure that all funds maximize legal representation and education for San Diegans in most need. Grantees are held accountable, reporting their results for specifically funded programs. Just this year, the Bar Foundation gave $395,000 to San Diego-based nonprofits that provide legal help or service to locals facing poverty, abuse and discrimination. Domestic violence-related grantees include: Center for Community Solutions With the Bar Foundation’s assistance, Center for Community Solutions (CCS) provides trauma-informed, culturally sensitive services to victims of domestic violence, sexual assault and stalking. “Last year, we served 21,624 individuals through our comprehensive programs that offered solutions for safety, stability,

justice, healing and prevention,” said CCS CEO and Executive Director Verna GriffinTabor. In a letter to the Bar Foundation, she added, “We could not have served our neighbors and friends in the community in their darkest hours of need without your commitment and generous support.”

legal advocate, Joseph was able to file a Temporary Restraining Order, and after noticing bruising on his son following a visit with his wife, he filed an ex parte. Through an immediate immigration referral, Joseph was able to proceed with a U-visa and no longer feared deportation.

With an emphasis on Domestic Violence Restraining Orders, direct representation services for sexual assault survivors and working with High Risk Teams to review cases at high risk for homicide, CCS helped 1,416 individuals receive vital legal services.

Now, Joseph lives in a safe home with his son and focuses on providing him a loving environment, with a life free of violence.

“We could not have served our neighbors and friends in the community in their darkest hours of need without your commitment and generous support.” Community Resource Center The Bar Foundation grant supports general operations and the Legal Advocacy Program, as well as increases the accessibility and use of the legal system for domestic violence survivors. The Legal Advocacy Program offers needs assessments, education, legal service provider referrals, document preparation and guidance, client-centered legal expertise, and court accompaniment. Community Resource Center (CRC) shared the story of Joseph, who feared for the safety of his son and himself after his wife repeatedly threatened him with deportation. With the guide of a CRC

Voices for Children As the case above demonstrates, homes with domestic violence can greatly affect the children, who experience higher rates of abuse (30 percent) and neglect (60 percent). The Bar Foundation helps some of these children through its funding. This year, Voices for Children received support for a court-appointed special advocate (CASA) volunteer to monitor the cases of 25 children and ensure that intervention and advocacy begins early in foster care. Through this process, Voices for Children helps mitigate the harmful effects of the overburdened system and assist these children in finding safe, permanent homes sooner. Supporting Organizations The Bar Foundation also funds other local nonprofits and projects that include cases of domestic violence, including: the Cal-Western Community Law Project that provides one-on-one, free legal consultations and community legal education to mainly low-income individuals; and the San Diego Volunteer Lawyer Program’s weekly Family Law Clinic with free legal assistance to low-income individuals in their family law matters who otherwise would be unrepresented. The San Diego County Bar Foundation encourages donations of all sizes from the legal community and supporters; for example, $50 can provide one hour of legal assessment and education for domestic violence victims. For more information, or to make a donation, visit www.sdcbf.org. March/April 2018 SAN DIEGO LAWYER 43

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 Belsky & Associates Bender & Gritz, APLC Bernstein Litowitz Berger & Grossman LLP Best Best & Krieger, LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bobbitt, Pinckard & Fields, APC Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Carothers DiSante & Freudenberger LLP Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Caufield & James LLP Christensen & Spath LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer D’Egidio Licari & Townsend, APC Dentons US LLP Devaney Pate Morris & Cameron Dietz, Gilmor & Chazen, APC District Attorney’s Office Duckor Spradling Metzger & Wynne Dunn DeSantis Walt & Kendrick, LLP English & Gloven APC Epsten Grinnell & Howell, APC Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP 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 & Charney LLP Hiden, Rott & Oertle, LLP Higgs Fletcher & Mack LLP Hoffman & Forde Hooper, Lundy & Bookman, PC Horton Oberrecht Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins, Glatt & Hulme 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 LLP Men’s Legal Center Family Law Advocates Miller, Monson, Peshel, Polacek & Hoshaw Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis Law Neil, Dymott, Frank, McFall & Trexler APLC Nicholas & Tomasevic LLP Noonan Lance Boyer & Banach LLP

Office of the Public Defender Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia & Lutz PC Pope, Berger, Williams & Reynolds, LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC RJS Law Rowe | Mullen LLP San Diego Unified Port District Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Cauley & Moot LLP Seltzer|Caplan|McMahon|Vitek, ALC Sheppard, Mullin, Richter & Hampton LLP Shoecraft Burton, LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Stettler, APC Simpson Delmore Greene LLP Smith, Steiner, Vanderpool & Wax, APC Solomon 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 Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo

Share your memories of SDCBA Past President Thomas Ault with us at www.sdcba.org/Ault.

In Memoriam

SDCBA Past President Thomas Ault, 1982 By Hon. Kevin Midlam (Ret.) 1945 – 2017

he San Diego legal community lost a good friend of the Bar and one of its leaders with the recent passing of Thomas H. Ault. He was a well-known and well-respected trial attorney who was a long-time member of the American Board of Trial Advocates and served on the Board of the San Diego County Bar Association and ultimately as its president. For a number of years he served on the Board of Lawyers Mutual Insurance Company, ultimately becoming its president and in the recent past its CEO.

businessman. This combination of legal talent and outgoing personality made him a consummate rainmaker. In a surprisingly short period of time, due in large part to Tommy’s efforts, we were able to build one of the premiere insurance defense firms in the county.

In addition to being well-known and respected, he was well-liked by all who came into contact with him. The affection he engendered was due in large part to his puckish sense of good humor and his ability to put people at ease even in potentially contentious situations. He was a firm advocate of the proposition that laughter is good for the soul. This attribute is why he was known to almost all of his many friends and colleagues as Tommy.

“He made it clear that we were not just partners or associates there to generate income, but, rather, we were a close-knit group that worked hard but took time off to smell the roses and have some fun together.”

Tommy and I became law partners in the late ‘70s in the formation of a new law firm. We had grand ambitions, of course, but the truth is the firm’s beginning appeared less than spectacular with barely enough cases to fill a filing cabinet. Although Tommy and I had known each other for a number of years before our partnership, it was not until after its formation that I fully appreciated my good fortune in forming this relationship. Not only did he possess a keen legal mind, but he was a shrewd

In the ‘70s the relationship between members of the Bar internally and between the Bench and the Bar was something special. There existed a professional camaraderie and mutual respect that, sadly, has eroded over the years. Tommy was completely dedicated to the law, demanding of himself and those who worked with him respect for any adversary, never by means of ad hominem attacks

on an opponent. He believed that good advocacy could be provided without resorting to “hired gun” tactics. In short, Tommy was the epitome of what all lawyers should aspire to be. Tommy’s personality and dedication helped create a law firm that had all the attributes of a family. He made it clear that we were not just partners or associates there to generate income, but, rather, we were a close-knit group that worked hard but took time off to smell the roses and have some fun together. Green beer flowing in the firm’s lounge on St. Patrick’s Day was a tradition and is still a fond memory. This family atmosphere allowed the firm to prosper while at the same time being a place where members looked forward to working. Tommy’s family was his top priority. Devotion to his wife, children and grandchildren was ever present over the years. He wouldn’t allow his professional responsibilities to interfere with spending quality time with them. I will sorely miss Tommy as will all of us who enjoyed his friendship. A mark of the man took place at his memorial service where, before a filled Presbyterian church in Rancho Santa Fe, with tears flowing, friends and family paid tribute to the man, whose life was truly well-lived. Hon. Kevin Midlam (Ret.) is a mediator and arbitrator with JAMS.

March/April 2018 SAN DIEGO LAWYER 45

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

Solomon Minton Cardinal Doyle & Smith LLP partner Rafael Castellanos was sworn in as chairman-elect of the Board of Port Commissioners.

Truc Do, SDCBA Past President Marcella McLaughlin and Saba Sheibani were appointed to the San Diego Superior Court bench.

Hon. Albert Harutunian III was appointed to a three-year term on the Judicial Ethics Committee of the California Judges Association.

SDCBA Past President Jerrilyn Malana was inducted into the San Diego Womenâ&#x20AC;&#x2122;s Hall of Fame. Solomon Ward attorney Priyanka Talukdar was elected as the Vice President of the South Asian Bar Association. Wilson Turner Kosmo LLP partner Vickie Turner was honored with the Author E. Hughes Career Achievement Award by the University of San Diego School of Law.

Damian Dolin of Pettit Kohn Ingrassia Lutz & Dolin was admitted into the American Board of Trial Advocates.

Sanford Heisler Sharp, LLP managing partner Edward Chapin was named Consumer Attorney of San Diego's (CASD) Trial Lawyer of the Year; Blood Hurst & O'Reardon LLP managing partner Tim Blood was named CASD Consumer Advocate of the Year; and Hon. Joel Pressman (Ret.) was named CASD Judge of the Year.

Passings Hon. David Bartick passed away in February. Judge Bartick was appointed to serve as magistrate judge for the U.S. District Court Southern District of California in 2012. Prior to serving on the bench, Judge Bartick practiced criminal law after graduating from Thomas Jefferson School of Law in 1985.

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. 46 SAN DIEGO LAWYER March/April 2018

MEET YOUR CLIENTS AND DEADLINES IN THE SAME PLACE Workspace and meeting rooms available exclusively for members. www.sdcba.org/barcenterat401

SDCBA Law Practice Management Partners Your SDCBA membership offers you a wide variety of member-only benefits and discounts from the following providers: INSURANCE DISCOUNTS

INSURING LAW FIRMS ONE POLICY AT A TIME

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Learn more about exclusive offers from the providers above at

www.sdcba.org/memberbenefits

PHOTO GALLERY

LAW + TECHNOLOGY SUMMIT On January 26, the SDCBA, along with the Law Practice Management and Technology Section of the California Lawyers Association, held its first-ever, full-day Law + Technology Summit. National legal tech experts shared wisdom on e-discovery, cybersecurity, practice management and trial technology, and technology's impact on the practice of law.

Bob Ambrogi

Jeff Bennion

Lauren Doucette

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

L-R: Christine Stansall, Alexa Wolff, Cari Pines

Noel Rodello

MOCK TRIAL Photos by Jason de Alba and Steve Silva High schools from all over San Diego County competed in the annual High School Mock Trial Competition in February. Thank you to all of the coaches and attorney volunteers.

Hon. Mitchell Dembin

2018 Mock Trial Champions Scripps Ranch High School

48 SAN DIEGO LAWYER March/April 2018

Lizzette Herrera Castellanos

Michael Chandler

Skyler Kelley-Duval

L-R: Aliyah Armstrong, Jennin Xayasouk, Alita Ortega

PHOTO GALLERY BENCH-BAR RECEPTION Photos by J.T. MacMillan

L-R: Ramesses Surban, Hon. Daniel Lamborn, Hon. Timothy Taylor, Hon. Margo Lewis, Hon. Laura Birkmeyer

Hon. Gary Haehnle

SDCBA members and San Diego judicial officers mingled at the Association's annual Bench-Bar Reception on March 20. Thank you to event sponsors Antonyan Miranda, AHERN Insurance Brokerage, Torrey Pines Bank, The Valdez Team and Judicate West.

L-R: Hon. James Simmons Jr., Markecia Simmons, Nora Smyth, Hon. Michael Smyth Hon. Selena Epley

L-R: Ariel Sabban, Danna Cotman, Hollie Kucera

L-R: Hon. Irma Gonzalez, Craig Higgs

L-R: Hon. Gary Haehnle, Loren Freestone, Hon. Maureen Hallahan

2018 Second Place Team from Westview High School

Kendall Ota Hon. Carolyn Caietti March/April 2018 SAN DIEGO LAWYER 49

PHOTO GALLERY

BAR LEADERS DINNER Leaders from the Filipino American Lawyers of San Diego, Japanese American Bar Association, Korean American Bar Association, Pan Asian Lawyers of San Diego, San Diego Chinese Attorneys Association, the SDCBA and the South Asian Bar Association gathered for dinner on February 28.

L-R: Stacy Park, Chiharu Sekino, Kristin Rizzo, Lilys McCoy, Sunyong Tang, Pratik Shah

FEDERALIST SOCIETY ANNIVERSARY DINNER Photos by Barry Carlton

L-R: Mark Larson, Hon. Carlos Bea, Bob Gaglione, Cliff Albert

Members of the Board of Advisors and Board of Directors of the San Diego Chapter of the Federalist Society

In January, the San Diego Chapter of the Federalist Society hosted its 25th Anniversary Dinner at the University Club Atop Symphony Towers.

CASD AWARDS & INSTALLATION DINNER Photos courtesy of Consumer Attorrneys of San Diego The Consumer Attorneys of San Diego (CASD) held its annual awards dinner in February at the Hard Rock Hotel.

Edward Chapin, Hannah-Beth Jackson

Tim Blood, Dana Grimes

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First Republic Bank..................................... 6 Craig Higgs..................................................... 19

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Procopio, Cory, Hargreaves & Savitch LLP................................................. 16

JAMS................................................................... 8

Law Office of Steven C. Vosseller...... 30

50 SAN DIEGO LAWYER March/April 2018

San Diego County Bar Foundation .......................................................39 USClaims.......................................................... 52

LOOKING TO GET HIRED? Highlight Your Practice and Meet Potential Clients. Join the Lawyer Referral and Information Service. Contact Michelle Chavez at 619.321.4150 or mchavez@sdcba.org Learn more at www.sdcba.org/joinlris.

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