San Diego Lawyer September/October 2018 by San Diego County Bar Association

® SEP/OCT 2018

LET’S TALK ABOUT

DIVERSITYAND

INCLUSION PLUS

Cybersecurity: Protect Your Home Network California’s New Data Privacy Law Hear from the 2018 Diversity Fellowship Participants

Leading the Way

We are proud of the continued recognition of our attorneys for their outstanding results for our clients, contributions to the civil justice system and involvement in our community. Awards include David S. Casey, Jr. as a 2018 California Lawyer Attorney of the Year (the “CLAY Award”) and Robert J. Francavilla as the 2016 Trial Lawyer of the Year by the Consumer Attorneys of San Diego.

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CONTENTS

Page

DIVERSITY FELLOWSHIP PROGRAM

Columns

Features 7

California's New Data Privacy Law What You Need to Know. By Devinder Hans

DFP

DIVERSITY

DIVERSITY FELLOWSHIP PROGRAM

Diversity & Inclusion The Foundation of a Profession That Reflects the People We Serve. By Renée Stackhouse

Are We So Busy Trying to Be Diverse That We've Forgotton to Be Inclusive? Why Correct Pronoun Usage Matters. By Michelle Vescio Evenson

You Can't Spell Diversity Without D.E.I. The Importance of Equity & Inclusion in Diversity. By Hali Anderson

Why I Belong Get to know SDCBA member Ronson J. Shamoun.

Deans Be the Best You. By Joan R. M. Bullock

Cultivating Diversity and Inclusion at the SDCBA By Kristin Rizzo

Diversity Fellowship Program 2018 employers and fellows share highlights from the summer.

Working and Communicating with Clients with Mental Health Issues By Dr. Alan Abrams MD, JD and Aleida K. Wahn, JD

Open Dialogue The Benefits and Challenges of Taking Maternity or Paternity Leave. By Christine Pangan

Technology Cybersecurity Begins at Home. By Bill Kammer

San Diego Law Library This October, Celebrate the Past, Present and Future of the San Diego Law Library. By San Diego Law Library Staff

Ethics It’s a Small, Small World. By Edward McIntyre

Distinctions

Media Pitch Tips By Karen Korr and Lyle Moran

Photo Gallery

Correction: In the photo gallery of the July/August 2018 issue of San Diego Lawyer, we misidentified Hon. Rachel Cano. We regret this error. Issue no. 5. 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 reserved. 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.

September/October 2018 SAN DIEGO LAWYER 5

501 West Broadway Suite A174

WHY I BELONG

Ronson J. Shamoun

THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION

RJS LAW

Education (undergrad, Law School and LLM): All three degrees from University of San Diego

Co-Editors

Areas of practice: Tax Law

Edward McIntyre Christine Pangan

Editorial Board Michael Olinik Whitney Skala Renée Stackhouse Aleida Wahn Mike Wakshull Teresa Warren

Elizabeth Blust George Brewster Jr. Jeremy Evans Mike Finstad Victoria Fuller Julie Houth

SAN DIEGO COUNTY BAR ASSOCIATION

Executive Director & Chief Executive Officer Ellen Miller-Sharp

Director of Outreach Strategy & Chief Communications Officer Karen Korr

Proudest career moment: Being awarded the Distinguished Alumni Award from the University of San Diego. Family: Wife, four children and our labradoodle, Molly. Birthplace: San Diego. Current area of residence: El Cajon. If I weren’t an attorney, I’d be a commercial real estate developer. The best thing about being an attorney is helping people get back on their feet. Last vacation: Took my wife and daughters to Wolf Creek Lodge in Anaheim.

Graphic Designer/Webmaster

Favorite website: Yahoo News

Publications Editor

Hobbies: Reading and golf.

Attiba Royster

Sasha Feredoni

Favorite book: Your Best Life Now by Joel Osteen.

Follow the SDCBA and San Diego Lawyer! sandiegocountybar sandiegolawyermagazine @sdlmagazine @sdcountybar

Best concert you’ve ever been to: Beyonce. Favorite food: Steak. Most fun/memorable SDCBA moment or meeting: Induction of new members.

401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 bar@sdcba.org Fax (619) 338-0042 www.sdcba.org Interested contributors may submit article ideas to the editors at www.sdcba.org/SDLidea. Unsolicited articles will not be printed in San Diego Lawyer™. San Diego Lawyer™ reserves the right to edit all submissions, contributed articles and photographs at its sole discretion. The opinions expressed by the authors and editors in San Diego Lawyer™ magazine do not necessarily reflect an official position of the San Diego County Bar Association.

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

Do you have a unique skill or special talent nobody knows about? I’ve been told my gut instinct is magic. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Compassion. Treating clients like family has always been my standard. Do you have a mentor? Richard Carpenter. What would you most like to be known for? Having a giving nature, and helping others. What makes San Diego’s bar so special/unique? It’s a very close-knit bar, and very diverse.

September/October 2018 SAN DIEGO LAWYER 7

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BY JOAN R. M. BULLOCK

DEANS

Be the Best You Joan R. M. Bullock

n the March/April issue I wrote the article, “Today’s Lawyer,” focusing on the solo and small firm practitioner. I noted how the DIY economy, fueled by commoditization of legal solutions from digital platforms, threatens the practices of solo and small firm lawyers. A similar commoditization — developing reusable templates for bread-and-butter legal work — functioned well for the small firm practitioner. The practitioner profited from being able to charge a reasonable fee based upon the value of the legal solution proffered even though the actual time taken to provide the legal solution was shortened through the repeated use of the template. In fact, the small firm practitioner could expand the practice by utilizing interns, new lawyers and paralegals to complete and review the template for client matters with a resultant growth in revenue and profits for the firm’s bottom line. Digital platforms such as LegalZoom, Rocket Lawyer, Nolo, LawDepot and even the Google search engine, however, took this commoditization of legal solutions one step further—making a form of the template accessible to the lay market, permitting these platforms to profit from the volume of those seeking access as well as from the subsequent queries that come from the lay market utilizing those templates. 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 contribute to the bottom line early on. Law schools have stepped up to this challenge and are providing more skills and experiential training in the curriculum. But is this enough? About a month ago I got an update on LinkedIn regarding an article entitled “How a Thomas Jefferson Grad Came to

be in Charge of the Ivy League Alums.” The author, Frederick Shelton, President and CEO of the Legal Business & Marketing Consulting firm of Shelton & Steele, wrote about the “Rainmaker’s Reward” and the utility of street smarts. It’s no secret that those who are able to make it rain are prized in a firm. Lawyers who can bring in new business are highly valued, even if they do little of the work that they bring in and even if they give little face time in the office. They add directly to the firm’s bottom line and therefore are given deference. This deference extends to how much time they need to spend in the office and how much client work they need do. Rainmakers have options. A firm not willing to give this deference will soon find that the revenue generated by the rainmakers will leave with those rainmakers to more accommodating firms. This is the "Rainmaker’s Reward" and it is control over the lawyer’s professional destiny and personal life. Many lawyers, however, are uncomfortable seeing themselves as rainmakers. It looks too much like selling. They’d rather do the work. After all, that’s what law practice is all about. Unfortunately, those who do the work can be easily replaced—by smarter lawyers, less expensive lawyers or other professionals, or even technology. For example, even in the “olden days” tax law was complicated, with many tax returns completed by lawyers. Over the years, tax lawyers lost tax return clients to accounting firms; accounting firms lost many of these clients to volume-based businesses like H&R Block; volume-based businesses lost clients to software companies that catered directly to individual taxpayers. Now, for the simplest returns, the IRS allows individual taxpayers to complete their return from the IRS website without having to purchase the software. The now pervasive use of technology to assist in completing the tax return has converted a manual, calculator with pencil-and-paper

approach by a professional, to a gathering of documents, fill-in-the-box approach by the consumer. Taxpayers’ ease in utilizing technology, coupled with software that replaces the judgment of a professional in determining the significance of the taxpayers’ information has, to a large extent, demystified the tax return process. With more of the lawyer’s work being replaced by technology, it is critical that the lawyer develop a level of street smarts along with embracing the skills of a rainmaker. The sitting at the desk waiting for a prospective client or a supervising attorney to ring your phone or stop by your office and provide you with work is no longer a viable option. Street smarts is the creative edge needed to see and exploit gaps for competitive entry and differentiation. In this regard, the successful lawyer creates his or her own path for job security. A great example of this is TJSL alumna Candace Moon, who was profiled in the June 2018 issue of the ABA Journal. She created her entry into the practice of law by discerning and exploiting the gap in the craft beer industry. Ultimately, lawyers want to have a sense of fulfillment, to believe that they are making a meaningful difference in the world and impacting their clients in a positive way. This can only happen if first, lawyers have control over their personal and professional lives. Accordingly, teaching law students today must include life skill lessons. We’ve heard it before: “In the event of loss of cabin pressure … place the oxygen mask on yourself first before assisting others.” Life happens to everyone. Lawyers take care of and counsel others best when they are in a good place by having first taken care of themselves. Be the best you for your clients and your firm. Take care of yourself — first. Joan R. M. Bullock is President and Dean of Thomas Jefferson School of Law.

September/October 2018 SAN DIEGO LAWYER 9

CULTIVATING DIVERSITY AND INCLUSION AT THE SDCBA Cultivating diversity and inclusion is a priority of the SDCBA. “Inclusion” is identified in our new mission statement and is one of the six core values of the SDCBA. Our Board of Directors felt passionately about including this as a value and in our mission statement because here at the SDCBA, we’re committed to diversity on our Board, Committees, Sections and in our Team, and we’re committed to realizing the value of diversity across all that we do to ensure an environment of diverse thoughts and voices throughout our Association. I’d like to share with you a few examples of how the SDCBA is committed to inclusion and diversity both internally and externally. The SDCBA hosts a “Dialogue on Diversity” program every year, where some of the industry’s thought leaders on diversity, inclusion, implicit bias and other relevant topics are presented for discussion. The SDCBA recently formed a Disability Interest Group to convene members to discuss disability-related topics. This year, a team

10 SAN DIEGO LAWYER September/October 2018

representing the SDCBA walked in the San Diego Pride Parade in support of equality for all. The SDCBA’s Committee for Diversity and Inclusion, the new name for our Ethnic Relations and Diversity Committee, reflects San Diego’s diverse legal community, ensuring all members have a voice and equal access to entry, advancement and success in our profession. Thank you to Chair Angelica Sciencio, Esq., Vice-Chair Manfred Muecke, Esq., and all of the SDCBA members and representatives from our many local diversity bar associations that form this important Committee. More than a decade ago, the SDCBA created a Diversity Pledge, to serve as a guideline for fostering diversity within the legal profession in San Diego. The pledge reads in part, “We believe that a diverse group of talented legal professionals is critically important to the success of every law firm, corporate law department, law school, public service organization, and every other organization that includes

attorneys. With greater diversity, we can be more creative, effective, just and bring more varied perspectives, experience, backgrounds, talents, and interests to the practice of law and the administration of justice. We further recognize that diversity in the legal profession is good for the profession, good for business, good for our communities and critical for enhancing the public’s confidence in the judicial system.” The Pledge is available online for law firms and law related organizations to sign as a commitment to diversity. The SDCBA and the Association of Corporate Counsel work together to support the San Diego Diversity Fellowship Program (DFP). This program was created to increase the number of diverse attorneys practicing in our county’s law firms and corporate legal departments by providing first year law students with an opportunity to develop their skills and make professional contacts through fellowship opportunities. The program also assists law firms and corporate legal departments in their

efforts to recruit competent attorneys from diverse backgrounds by introducing them to qualified program participants. In addition, employment of these students provides a diversity of ideas, enhancing the quality of legal services that participating employers may provide their clients. Thank you to the participating DFP employers and to the DFP Director, Stacie Patterson, Esq. for your commitment to the success of this program. To read more about the SDCBA’s diversity initiatives, including to read and sign the Diversity Pledge or to become a DFP employer, please visit our website at https://www.sdcba.org/diversity.

Kristin Rizzo 2018 SDCBA President

Inclusion and community

define us.

September/October 2018 SAN DIEGO LAWYER 11

L AW Y E RS H E L P I N G OT H E RS

CHARLES DICK STILL HOOKED

Ten years ago, Chuck Dick began volunteering with Casa Cornelia Law Center, a public interest law firm helping victims of human and civil rights violations. Chuck’s first Casa Cornelia client fled Eritrea, crossed several countries –often on foot– and sought asylum at the U.S. border. “After learning his story and helping him through the asylum process, I was hooked.” Since then, Chuck has helped many pro bono Casa Cornelia clients, including asylum seekers and women victimized by human traffickers and abusive relationships. He now represents a mother who fled Nigeria with her two daughters, to escape the traditional practice of female genital mutilation. On October 20, Casa Cornelia will celebrate its 25th anniversary at the annual La Mancha Awards. Chuck will be recognized as the Distinguished Pro Bono Attorney of the Year. Other volunteers and supporting law firms will also be recognized. To attend the event, volunteer, donate, or learn more, visit www.casacornelia.org. A mediator and arbitrator at JAMS, Chuck focuses on antitrust, business and commercial, securities, employment, personal injury, and professional liability disputes. Charles Dick is not affiliated with the Vosseller Law Firm.

After each case, we donate a portion of attorney’s fees to a nonprofit chosen by the client.

P L A I N T I F F P E R S O N A L I N J U RY

858-429-4062 www.vosslawyer.com

VOSSELLER LAW FIRM

BY EDWARD McINTYRE

ETHICS

It’s a Small, Small World GDPR — not just for EU lawyers

acbeth and Duncan were returning from court when Clyde Tabbit caught up with them.

“Macbeth, got a question. Got a minute?” “Here’s our building. Let’s go up to the office.” “Really shouldn’t take long. Just a quick ‘yes’ or ‘no’ —” “You never know, Clyde. Come, join us.” When the trio were seated in Macbeth’s conference room, Sara joined them. “Now we’re all here. OK, Clyde, what’s the quick question?” “Well, I keep getting strange requests from a couple of clients.” “Proceed.” “So, I represent a guy who moved to Italy years ago. Permanently. But still has a business here. As well as in Italy and other places.”

CARTOON BY GEORGE BREWSTER JR.

“We get the picture. What’s the issue?”

“Well, he keeps making these flaky demands on me to identify all the information I’m ‘storing’ — Clyde used air quotes — on him. On his companies. Getting more and more insistent. I’ve blown him off. But he won’t stop.” “Let me see if I understand. He resides in Italy. A citizen there?” “Yep, dual. Some family connection.” “You provide legal services to him?” “Of course. He’s my client. Both him and his businesses. There and here. Why?” “Have you noticed all the ‘privacy updates’ you’ve been getting recently? From social media sites and other internet providers?”

“GDPR?” Macbeth nodded to Sara. “The General Data Protection Regulation. Enacted in 2016, but effective May 25, 2018. The GDPR’s purpose is to provide a uniform law governing the protection of personal data across the European Economic Area. That’s the EU plus three other European countries. It replaces the individual national laws passed under the 1995 Data Protection Directive. The GDPR is intended, among other things, to clarify, strengthen and modernize data protection. Especially in light of the changes in how companies collect and process personal information.” “So what. I’m not in Europe.”

“Come to think of it, yeah. Keep getting one from CNN about terms of service and privacy and stuff. Annoying. Even from some law firms. Can’t figure why.”

“You provide services to a European citizen, living there. Some of the services related to his businesses there. Does he pay you in euros or dollars?”

“Likely GDPR compliance. I suspect that’s what’s triggered your Italian client’s requests.”

“Euros. Conversion costs me money every time. But I’m here, not there.” Sara continued. “The GDPR applies to any organization collecting or processing anyone’s personal information. Think ‘personal data.’ If that collection or processing is done in relation to activities of the organization established in the EU. No matter where the collection or processing takes place.” “See, I’m not an ‘organization established in the EU’ — more air quotes. Doesn’t apply.” “I understand your point. But if a U.S. firm offers services to EU residents, then the firm is subject to the GDPR. It’s a fact-based analysis whether a company is offering services to EU residents, but services payable in euros likely would be.” “Ouch. Does that include my clients in France and Sweden, as well?” “France is part of the EU; Sweden, joined the EEA. So, yes.” “What does all this mean?” September/October 2018 SAN DIEGO LAWYER 13

E ETHICS “Essentially, it requires greater transparency by those who collect or process data to the owners of the data — among a lot of other things. Very stiff penalties for noncompliance.” Clyde looked to Macbeth. “What does this mean for me?” “From a professional responsibility viewpoint, two things come immediately to mind.” “OK —” “First, you have an ethical obligation under Rule 3-500 to respond to reasonable client inquiries. Given the effective date of GDPR and your transparency obligations, you have a duty to respond to your client’s questions.” “All of them?” “I’ll let Sara spend time with you about the GDPR requirements. She’s our expert. Ethically, the requirement is to keep the client ‘reasonably informed’ about significant developments in the representation. I think a change in law this significant to a client’s rights would be considered a ‘significant development.’” “Other advice?”

duty to former clients and conflicts, and such.”

“But be sure to remind your client that you, as a lawyer, are duty-bound — new Rule 1.6, former Rule 3-100, and section 6068(e) (1) — to keep all the client’s information confidential. ‘At every peril to yourself.’ You don’t share it. That should address some of the client’s legitimate data privacy concerns.”

“Wow!” “Wow it is, my friend.” Macbeth and Duncan started to leave, Macbeth humming the tune from "It’s a Small, Small World.”

“Good idea. Anything else?” Editor's Note: The COPRAC opinion to which Macbeth referred is Formal Opinion 2010-179.

“Our duty of competence requires us to have or acquire the requisite skill and learning, or consult with a competent lawyer who has them, when representing a client. A COPRAC formal ethics opinion, and amendments to two ABA Model Rules, suggest the duty of competence applies to knowledge about technology. I think a lawyer representing clients in Europe has a duty to understand those clients’ GDPR rights. And the lawyer’s GDPR obligation toward those clients.”

See also comments to ABA Model Rules 1.1 and 1.6, competence and confidentiality. New and revised Rules of Professional Conduct become effective November 1, 2018.

Edward McIntyre (edmcintyre@ethicsguru.law) is an attorney at law and co-editor of San Diego Lawyer.

“Even if we practice in the United States?” “A small world just got a lot smaller, my friend. Spend some time with Sara in the conference room. She’ll walk you through all the new GDPR data privacy requirements, including the right to ‘be forgotten’ and what that might mean to our

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.

define us. Innovation and leadership propel us. your growth motivates us. Inclusion and community

Celebrating you and the profession

us.

BY KAREN KORR & LYLE MORAN

MEDIA

PITCH TIPS

How to successfully pitch your stories to the press

owadays, social media gives you myriad ways to connect to the press and find reporters who may be interested in your story, your client or even your law firm partner who has a story that should be in the spotlight. However, public relations professionals and reporters alike will tell you that there are right and wrong ways to get your story seen. At a recent lunch and learn session at the Bar Center, legal reporter Lyle Moran (formerly with the Los Angeles Daily Journal) and SDCBA Director of Communications and Outreach Strategy Karen Korr shared their top tips for successfully pitching your stories to the press.

Be creative. Reporters don’t want to write about new developments or trends that have been widely covered before. But if you have a unique new angle, that may be appealing.

Tips From Reporter - Lyle Moran

Be direct. If you are concerned about the angle a reporter is taking or have any issues with their conduct, go to them before going above their head to supervisors.

Be concise. The reporter can always request more information, but you don’t want to overload them in the initial pitch email. Be available. The contact person on a press release should be easy to reach if a reporter follows up, as should any key players the release highlights. Be timely. Pitching a story after an event has already happened is not helpful, nor is pitching one with too little lead time to attend. Be relevant. If you are pitching something that is not remotely close to a reporter’s beat, that won’t help you gain traction. Even worse is a pitch about a topic that the publication as a whole would not cover. Be patient. Your pitch may come in when a reporter is on deadline, so even if it is one they are going to pursue, it may take them a day or two to respond.

Be honest. Nothing will dim a reporter’s view of you faster than misleading them. Be transparent. It’s better to admit if you don’t have a document or don’t know the answer to a key question rather than guessing. Be flexible. If a reporter takes a different approach to a story than the one you pitched, they’ll appreciate if you shift gears to assist.

From a PR Pro - Karen Korr Know the right time to pitch. Reporters aren’t likely to talk to you when you are on a deadline. A pitch that comes in at 3 p.m. when the reporter has a 4 p.m. deadline is likely to get ignored.

Send media alerts instead of press releases for day-of coverage or event announcements. They are shorter and give reporters just enough information to decide if it is something they would like to cover. Understand what reporters in each medium is looking for — For example, for television, share ideas for visuals or offer B-roll. Serve as a source (or help reporters find sources) to help build relationships with reporters. Post your press releases to your website (in an easy to find spot) and to Twitter. Journalists are some of Twitter’s most prominent and active users. Follow up with reporters without being generic — “Did you get my press release?” or annoying: “I called you yesterday and didn’t hear from you so I thought I would call again today …” Keep press releases and pitches brief. Journalists receive many, many pitches. You want to get to the heart of your story as quickly as possible.

Know the reporter you are pitching and what they cover/have covered recently. Reporters generally only want to hear interesting angles for the beats they cover.

Keep up with current events/trending stories and pitch related angles or experts.

Tailor your pitch to the reporter and/ or outlet you are pitching. Mass blind copying reporters generally isn’t a successful strategy.

Karen Korr (@fullkorrpress) is the Director of Communications and Outreach Strategy for the San Diego County Bar Association (@sdcountybar). Lyle Moran (@lylemoran) is a freelance legal reporter.

September/October 2018 SAN DIEGO LAWYER 15

BY CHRISTINE PANGAN OPEN DIALOGUE

The Benefits and Challenges of Taking Maternity or Paternity Leave

s attorneys, we are sometimes expected to be available 24/7 for our work or clients. What happens when you want to take time off for the birth of your child? San Diego Lawyer asked attorneys (and new parents) James Marvel (JM) and Cheryl Ramancionis (CR) about their recent experiences.

When and how much time did you take off? JM: I took mine in August 2017 and I took nine weeks of paternity leave total. CR: I took a year before James, August 2016 through November 2016, roughly four months. JM: I guess technically it started the day after [my son] was born but I was actually in court when my wife was going into labor and she was traveling back from Vegas. I was in a trial hearing or something and I let opposing counsel know, hey my wife is in labor, she’s on her way back from Las Vegas. She’s said, “We’re continuing this case, get outta here.” [Everyone laughs]. So, that was pretty awesome. What were your duties at work at the time you were taking leave? JM: I had around 30 open cases at that point. I had already done case review with a couple of our lead attorneys to make sure there was a smooth transition of people covering work for me while I was out, done well in advance of that last day, and letting my clients know what was going on, keeping them informed that I was going to be out for a period of time. It seemed to go smoothly, at least no one complained to me. CR: It was just a matter of wrapping up some open projects and then turning them over to my counterpart at that time to close them out. I certainly wasn’t taking on any big projects in July that were going to have to continue while I’d be out. So overall it was a fairly smooth transition. What were your organizations’ respective leave policies? JM: We get two weeks of paid family leave and then any other time you want to take off outside of that is through the State Disability [Family Leave] program, which can also 16 SAN DIEGO LAWYER September/October 2018

be subsidized with any leave that you also have that you accrued. So that’s what I did, signed up on the State Disability website, supplemented that with leave I had accrued so I had a total of nine weeks. CR: Through Sharp Corporate, you’re allowed to take up to six months leave. Whether it's paid or not depends on how much vacation time you’ve accrued. Since I had started at the company less than a year ago, I didn’t have that luxury, so I only took the three months that I had under state disability and any PTO I had, but the rest was unpaid. But I know a lot of women in my office who took the whole six months, some who had been with the company a long time just saved up their days and when they went on maternity leave, they essentially had it paid for. JM: Wow. Did your partners or any other family members also take time off? JM: My wife took a total of five weeks off post-birth. So I was home alone with our son for four weeks after she went back to work. But she also had a week off prior to his birth as well. At the time, my mom was working predominantly from home and we live next door to her, so I could walk over and she would watch him so I could take a nap or whatever the case may be, which was really, really helpful. CR: Unfortunately for me, no. [Everyone laughs.] It was mainly me and my son. His dad had worked from home a handful of days, here and there, but nothing significant where I could say I had somebody there to help me. My mom flew out from the East Coast for a week in the beginning of October but my son was already about five weeks at that time, so essentially I did the hardest part, the first four to six weeks, mostly by myself. JM: How was your sleeping at that point?

CR: I mean, I was nursing so I was really on my son’s schedule until I weaned him earlier this year, and until four to five months ago, he never slept through the night. At most, generously, I would get four hours. But usually two hours. I didn’t luck out with a kid that sleeps eight hours through the night. [Everyone laughs.] Was taking time off more of a benefit or necessity for you? JM: I view it as a necessity. Especially as my wife went back to work after only five weeks, I needed to be there. And even after I went back to work, I still felt that parental urge of why am I leaving my newborn baby at home with someone else, he’s only nine weeks old. I was still feeling that way probably for another month. And then you kind of get used to it, and Grandma was watching him a lot for us, which made it a lot easier. I viewed it as necessary and it was amazing. I wish it could have been a little bit longer but I was deeply appreciative of the time I did get to have off. And the sleep deprivation, it’s kind of fun to go through when you have a partner helping you. [Everyone laughs.] You know, when you’re not doing it alone. CR: I would agree, I took it for necessity, and just not having my family close, which made it even more necessary that I be with my son. I wish I would have had the full six months, but fortunately for me when I did have to go back and he was only three months old, I was able to find friends and family who were able to watch him so I didn’t have to take him to day care. He was with people I knew and it just took a layer of worry off. I could be at work and do my thing and I didn’t have to be calling periodically throughout the day to check on my son, I knew he’d be fine. Was your workplace supportive? JM: At Legal Aid, it felt like every person was supportive, whether they were other co-workers who already had children

themselves or were anticipating going on maternity leave, or even people who were single and don’t have children at all. Everyone was really excited for me and extremely helpful and supportive, from the top to the bottom of the organization, which was really refreshing because you hear stories about it not being like that. CR: My company was supportive, again they do offer that six months that you can take to spend with your child. That definitely helps so there was never really an issue that I had to return back at a certain time. If I wanted to take the full six months, I could have. Did either of you have any work guilt? JM: I think going into it, I thought I would, but once I was actually on paternity leave, I didn’t. At all. Not a single bit. [Everyone laughs.] CR: I think once I was on maternity leave, I just kind of left the office behind. I still knew what was going on, but it wasn’t worth getting worked up over things I couldn’t control and I wasn’t there. I just used the time to be with my son, because I was never going to get that time back. How was your experience coming back? CR: I don’t know how many women want to experience this but I was still nursing when I went back, and for me we had a “Milkgate” at work. There were a lot of moms who were nursing as well and some were supportive of each other and some who had to pump at a certain time. We had to have formal scheduling for the mom’s room, which was ridiculous so sometimes I would pump in the bathroom, empty conference room, you just

do it. When you go back to work, especially for moms who do want to continue to nurse their children, just be prepared, because you don’t know what other types of people you’re going to encounter. JM: I know my wife at times was nursing in the car when she would get to work early in the morning before she went in, and then she would basically blockade herself in the staff room because they didn’t have a designated room, barricade the door so people couldn’t walk in on her, and pump in there during the day. It seems like such a long time ago but I forget how urgent it felt at the time, like make sure the milk is refrigerated, make sure the milk is stored properly. CR: Right! Did you find taking leave in any way affected your career? JM: Not in a negative way, no. I didn’t feel like or think that there were any negative repercussions for taking paternity leave, whether those were possible real negative consequences of getting fired or something like that as retaliation for taking paternity leave or having the perception that people thought less of me somehow because I did take paternity leave. In fact, I found it to be the opposite, that people were like, wow, that’s awesome. CR: Coming back after four months, I felt that time had stood still for me. But then you get back to work and see that life has moved on and I was kind of in my bubble. Just organizational changes, hopefully at some point I can make up for that time. As much as we’d like to think time is stopping for us

and we’re having a wonderful time with our children, businesses have to continue to function and move forward. Even though you are an employee, there’s always a chance that you’re never going to come back and they have to prepare for that as well. The reality is things do change when you’re out, just be prepared for organizational shifts when you get back. Do not take it personally and realize the time was well-spent. I think career-wise, that [time] can all be made up. That initial time after a child is born is something you’re not going to get back. Final thoughts? CR: Before becoming a parent, I never thought you’d get used to living in chaos but you do! It has really made me more organized at work because you just don’t have the time to waste. I have a limited number of brain cells functioning every day and you’re going to make sure those are working properly. In spite of the lack of sleep, that has been a plus because you really want to make the most of your time. JM: I agree with that and before my son was born, I had a tendency to stay late at work or come in on the weekends and now it is much easier to leave the office at 5 o’clock and not go in on weekends unless I really have to. CR: Good! Christine Pangan (cpangan@yahoo.com) is co-editor of San Diego Lawyer and a lead attorney at Legal Aid Society of San Diego. James Marvel is a staff attorney with the Legal Aid Society of San Diego with the Shriver Housing Team. Cheryl Ramancionis is a Commercial Compliance Coordinator for Sharp Health Plan.

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Continued on page 41 September/October 2018 SAN DIEGO LAWYER 17

T TECHNOLOGY

BY BILL KAMMER

Cybersecurity Begins At Home 6 ways to protect your home network

oday in our profession, many use mobile devices, laptops and PCs or Macs at home to conduct our clients’ affairs and administer our practices. Given the recent press and warnings, reviewing basic home cybersecurity issues seems appropriate. An ulterior motive might be to protect the personal information and financial transactions we conduct with these devices while on our home network.

1. Protect Your Router. Routers can be problematical, particularly if older, because they were purchased with default passwords set by the manufacturer. The FBI recently warned that bad actors have compromised several home and small office routers by entering through unguarded pathways. If you do nothing else, the FBI instructs that you reboot your router. Power-cycle it by unplugging and then plugging it back in. While you’re at it, confirm that the router’s firmware is up to date. Doing so may differ with the manufacturer, but the steps can be easily found with a simple Google search. (Make Google your personal help desk.) 18 SAN DIEGO LAWYER September/October 2018

2. Turn Off the SSID. Every wireless router has a server-set identifier (SSID). Routers automatically transmit your network’s name every few seconds. You see those names when you try to connect your desktop or mobile device to a Wi-Fi network. If you only want your family and guests on your network, there is no need to broadcast its name to the world. Admittedly this is a low-level security fix because a hacker with a network analyzer can still identify the network and commence an attack. However, it will discourage your neighbors’ or playful hackers’ attempts to join your network because the router will not be broadcasting its name. 3. Use Robust Router Passwords. Connecting your home computers and your mobile devices is basically a one-time event because later they will remember the connection and rejoin the network. So ensure that the router at home has a robust password. If you have different networks on that router, ensure that each

is similarly protected. Length is everything, and passphrases are as effective as cryptic passwords. Again the method of changing the passwords will vary by manufacturer, but the solution is easily Googled. 4. Limit Access to Your Networks to Certain MAC Addresses. Every mobile device, smart TV, computer and IoT (Internet of Things) has a unique media access control (MAC) address. It’s usually found in a “settings” menu as an alphanumeric string separated by colons, such as 00:02:D1:1A:2D:12. Every device on your network uses this address as identification when sending data back and forth over the network. Confining access to certain MACs is easy but can be tedious. It’s a worthwhile endeavor because knowing the MACs connecting to your network provides insight into other issues. You can use an application such as the free Avira Home Guard to list all of them. When identifying those connections, you may even see an intruder. Although a sophisticated hacker can overcome your attempt to bar unwanted devices from your network, some would suggest you’re

TECHNOLOGY wasting your time to do so. However, your implementation of this protection will frustrate some miscreants. 5. Shut Down IoT Backdoors. The FBI has also warned that hackers have joined Wi-Fi networks in homes and small businesses by entering through the backdoors of the things on the internet (IoT). Those “things” are networked through the cloud and utilize our home networks to transport data. Commercial examples of that technique were the use of HVAC connections at Target to perpetrate that massive hack, and the entry into a Las Vegas casino’s network P:012265783:17000.009 though the wireless connection of a lobby aquarium’s controls that fed the fish and adjusted the tank’s environment. Every device or thing on the internet has a unique internet protocol (IP) address. Hackers prowl the internet, essentially robocalling IP numbers in a search for open backdoors. Consumers purchase IoT home devices like doorbells, baby cams, thermostats and speakers, often searching for the lowest prices. The motivation of manufacturers to provide robust security for those devices logically declines with their retail prices. Every one of those can be protected by robust security that closes the backdoors that concern the FBI. An additional reason to close those backdoors is that the hacker will enter

through them and observe everything and all the data moving over the home network. That would also include all of the client business we might conduct by working remotely from home. A worst case would be a hacker who could gain further

very device or thing on the internet has a unique internet protocol (IP) address. Hackers prowl the internet, essentially robocalling IP numbers in a search for open backdoors."

entry into our office networks by following the path through the home network and then its connection to the enterprise servers. 6. Make Sure Your Network is Encrypted. There have been several generations of Wi-Fi security protocols that protect our networks by encrypting the traffic on them. A hacker who gains entry into the network will see the traffic but cannot read it because it is scrambled.

The first protocol was WEP in 1999 and then, in 2002, WPA (Wi-Fi Protected Access). Those are now considered respectively “notoriously weak” and “vulnerable.” If those are the only protocols supported by your router, you should get a new one. Each protocol has been an improvement over the prior one, and WPA2 came along in 2004. Most routers today use that protocol, and its strongest version is WPA2-PSK(AES). Still even that version has its weaknesses. After all, WPA2 has been around for 14 years, plenty of time for hackers to fashion novel attacks. WPA3 arrived in January 2018. The process of upgrading to that protocol will probably occur over the next several years, but it represents a vast improvement over WPA2. This is particularly true in its ability to prevent dictionary password attacks and in its process for connecting IoT devices to your network. The IoT process will require only a simple handshake between your router and the device. None of this will be perfect protection, but we owe it to our clients and families to provide the best security possible.

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

Take the time to customize your Windows Start menu. If you don’t like the way the “tiles” are arranged, hover your mouse over one and right-click, from here you’ll see options such as resize, unpin or uninstall (good for the games that you’ll never play). If you don’t like the “Live Tiles” (ex: News), turn them off with "Turn the live tile off." You can add tiles from the Applications list left of the tiles by right-clicking, then “Pin to Start”. iPhone text message read receipts. “Read Receipts” allows your iMessage senders to know whether you have read the message they sent. If you want to keep it private and don’t want anyone to get notified once you have read their messages, go to Settings > iMessage and turn off “Send Read Receipts.”

It’s easy to take a screenshot on a Mac. To capture your entire screen, press Shift-Command-3 simultaneously (look for the image on your desktop). If you want a particular portion of the screen, press Shift-Command-4 and make your selection. For capturing an individual window, press Shift-Command-4 and tap the spacebar, then select the window you want to capture.

California's New Data Privacy Law: What You Need to Know By Devinder Hans

mid the rapid technological, economic and social changes sweeping across U.S. during what is sometimes referred to as the Second Industrial Revolution, Samuel Warren and his law partner (future U.S. Supreme Court Justice) Louis Brandeis drafted their seminal article calling for new privacy rights. Their article was prompted by concern about the public exposure of private life made possible by new technology, namely the Kodak No. 1, the first portable, inexpensive and easy-to-use camera, and sensationalistic journalism, epitomized by newspapers owned by Joseph Pulitzer and William Randolph Hearst. Warren’s outrage over press coverage of his elaborate high-society dinner parties allegedly also played a part. Now, amid the Information Revolution, new technology and business models have raised concerns about data collection and prompted modern demands for new privacy rights. One response to these demands is the California Consumer Privacy Act of 2018 (CCPA), which created a new set of consumer data privacy rights. Approved on June 27, the CCPA was a compromise among privacy advocates, the legislature and the business community to keep a privacy initiative off the November 2018 ballot. Its hasty passage necessitated a clean-up measure, SB-1121, to correct drafting errors and clarify certain provisions, and will likely require further refinement. Which Businesses Must Must Comply? Businesses subject to the CCPA include any for-profit legal entity that collects personal information, directly or indirectly, and either (a) has annual gross revenues over $25,000,000; (b) annually buys, sells, receives or shares the personal information 20 SAN DIEGO LAWYER September/October 2018

of 50,000 or more consumers, households or devices; or (c) derived 50 percent or more of its annual revenue from selling personal information. A business is also subject to the CCPA if it shares a name, service mark or trademark with, and either controls or is controlled by, another business subject to the CCPA. Consumer Data Privacy Rights The CCPA defines protected “personal information” very broadly to include any information that “identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” However, the definition excludes data that is not linked or reasonably linkable to a particular consumer or household (termed deidentified or aggregate information). Also excluded is publicly available information from federal, state or local government records. California consumers are provided new rights to control personal information held by businesses. Consumers have a right to know the categories and specific pieces of personal information a business has collected and, with limited exceptions, request that collected personal information be deleted by the business and any thirdparty service providers. Consumers also have a right to know the sources of the personal information, the purpose of collecting it, the categories of third parties with whom the information has been shared, and the categories of personal information disclosed. Moreover, consumers have a right to opt out of the sale of this information to third parties and its resale by those third parties. Finally, businesses may share personal information for business purposes, but only if they have a

written contract prohibiting recipients of the information from selling, retaining, using or disclosing it for any other purpose. Additionally, any agreement or contract provision to waive or limit a consumer’s rights under the CCPA is void and unenforceable. Businesses are also prohibited from discriminating against a consumer for exercising their rights under the CCPA, although they may offer financial incentives for collecting, selling or retaining personal information. Differences in prices or level of service are also permitted if directly related to the value provided to the consumer by the consumer’s data. The Attorney General’s Role The Attorney General is tasked with regulatory, advisory and enforcement duties. The AG must promulgate additional regulations by July 1, 2020, although the AG’s office has told the Department of Finance that it expects to issue final rules in June 2019. Businesses may request guidance from the AG on complying with the CCPA, but then must correct any alleged noncompliance within 30 days of being notified. Finally, the AG may seek civil penalties up to $2,500 for unintentional violations and $7,500 for intentional violations of the CCPA. Consumer Private Right of Action for Security Breaches Consumers may bring a civil action if their personal information is accessed or stolen as a result of the business failure to implement reasonable security. Remedies include injunctive relief, statutory damages ($100 to $750 per consumer per incident) or actual damages. However, before seeking statutory damages, a consumer must

provide a business 30 days’ written notice identifying the CCPA violation and providing an opportunity to cure. The business can foreclose an action for statutory damages by providing an express written statement that the violations have been cured but if violations continue, it will be liable for additional statutory damages for each breach of the express written statement. Exceptions The CCPA’s broad reach is limited by several important exceptions for entities and information subject to other privacy laws. The statute does not apply to protected health information that is collected by a covered entity governed by California’s Confidentiality of Medical Information Act (CMIA) or the federal Health Insurance Portability and Availability Act (HIPAA). Other health information collected by these entities is also excluded if that information is protected in the same manner as health information under CMIA and HIPAA. Also excluded is personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (CFIPA), the federal Fair Credit Reporting Act (FCRA) and the Driver’s Privacy Protection Act (DPPA).

"Consumers may bring a civil action if their personal information is accessed or stolen as a result of the business failure to implement reasonable security."

The First CCPA Revision Approved by the Governor on September 23, 2018, SB-1121 implemented a number of minor changes and corrected typographical errors. It made the CCPA’s preemption of local ordinances effective immediately, extended the Attorney General’s deadline for adopting implementing regulations to July 1, 2020, and delayed the AG’s ability to

bring enforcement actions until six months after publication of the implementing regulations or July 1, 2020, whichever comes first. Civil penalties in AG actions were also limited to $2,500 for each unintentional violation but remained $7,500 for each intentional violation. Additionally, it clarified the CMIA, HIPAA, GLBA, DDPA, CFIPA and FCRA exemptions. Finally, at the AG’s request, it eliminated a consumer’s duty to notify the AG when filing a private action. Future Revisions As Warren and Brandeis noted, “That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection." The CCPA will almost certainly be further modified and refined. Consumer advocates would like to expand its scope while businesses are concerned by compliance costs. The AG also has asked the Legislature to remove its duty to provide businesses advisory opinions about their compliance and expand the private right of action beyond just data breaches. Devinder Hans is an attorney at law.

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DIVERSITY AND INCLUSION

Define

Diversity & Inclusion: The Foundation of a Profession That Reflects the People We Serve By Renée Stackhouse

he best explanation that I’ve seen about the definition and interrelationship between diversity and inclusion is this1:

Diversity is the who and the what; who’s sitting around that table, who’s been recruited, who’s being promoted and who we’re tracking from the traditional characteristics and identities of gender and ethnicity, sexual orientation and disability — inherent diversity characteristics that we’re born with. Inclusion is the how; inclusion is the behaviors that welcome and embrace diversity. It is the active, intentional and ongoing engagement with diversity. Jane Silber quipped, “The difference between diversity and inclusion is being invited to a house and being able to rearrange the furniture." Verna Myers similarly said, “Diversity is being invited to the party. Inclusion is being asked to dance.” The important distinction is that ability to effect change, to create movement, and to participate meaningfully requires inclusion. This is a relatively new concept and it seems to be generational in nature. The boomer and Gen-X viewpoint has been categorized

as that diversity was a representation of fairness and protection to all and that it was the "right thing to do" regardless of whether it benefited the business. But the focus still remained on fitting in once you were brought into the fold.2 Millennials, on the other hand (who in 10 years will comprise nearly 75 percent of the workforce), want acceptance for who they are and feel it is unnecessary to downplay their differences in order to get ahead. Companies can expect to see tangible results (either way) depending on their diversity and inclusion policies and implementation. According to a Deloitte and Billie Jean King Leadership Initiative Study3, 83 percent of millennials are actively engaged when they believe their organization fosters an inclusive culture, compared to only 60 percent when their organization does not foster that type of culture. A recent Gallup study has cited that the cost of disengaged employees adds up to $483-$605 billion per year in lost productivity.4 Not only is inclusion important for engagement and has an effect on the corporate bottom line, but it’s vital to sustaining diversity in the legal profession.

Let’s take women in the law, for example. According to studies, women are about 56 percent of the enrolling first-year law students, and women have comprised 40 to 51 percent of the law school graduates in California for the last 20 years (growing to over 50 percent in the last few years). And yet, only about 36 to 40.6 percent of the lawyers in the state are women. Women are leaving the profession. This is especially true for women of color. More than 75 percent of women of color leave their (private) law firm within five years and 85 percent of women of color leave private law within seven years.5 Building pipelines for diversity has become a catchphrase and a box to check, but it’s not enough. Think of it this way: The diversity pipeline is the roller coaster heading up to the highest peak but if we don’t incorporate the inclusion aspect then the tracks end and the roller coaster plummets to the ground. We’re setting ourselves up for failure if we don’t utilize, accept and appreciate the diversity that is brought to the table. Renée Stackhouse (renee@galentelaw.com) is a director for the San Diego County Bar Association and owner of Galente Law, APC.

Jennifer Brown, author of Inclusion: Diversity, the New Workplace, and the Will to Change, in "The Difference Between Diversity and Inclusion and Why It is Important To Your Success" by William Arrunda, Forbes, November 22, 2016. https://www.forbes.com/sites/williamarruda/2016/11/22/the-difference-between-diversity-and-inclusion-and-why-it-is-important-to-your-success/#226de2c05f8f 1

Lydia Dishman, "Millennials Have a Different Definition of Diversity and Inclusion." https://www.fastcompany.com/3046358/millennials-have-a-different-definition-of-diversity-and-inclusion

"The millennial majority is transforming your culture." Deloitte, 2015. https://www2.deloitte.com/content/dam/Deloitte/us/Documents/about-deloitte/us-the-millennial-majority-is-transforming-your-culture.pdf

"State of the American Workplace," Gallup. https://news.gallup.com/reports/199961/7.aspx

https://www.americanbar.org/content/dam/aba/marketing/women/visibleinvisibility_es.authcheckdam.pdf September/October 2018 SAN DIEGO LAWYER 23

DIVERSITY

You Can t Spell Diversity Without D.E.I. The Importance of Equity and Inclusion in Diversity By: Hali Anderson s someone who has served on various diversity committees, I know firsthand that recruiting diverse students or employees is one thing, but retaining and ensuring that these diverse individuals maximize their potential is a whole different ballgame altogether. In a past issue, I briefly covered the Google lawsuit and the now infamous Google memo written by James Damore. In that memo, Damore shared his ideas on how diversity is harmful to Google as well as the diverse candidates who were being forced into job positions with which, he believed, they were biologically incompatible. Damore’s employment with Google was terminated as a result of this memo. In his subsequent lawsuit, Damore alleged that he felt that he was unlawfully discriminated against for his status as a white male and his conservative viewpoints. The lawsuit and the memo illustrated an interesting dichotomy that we are also seeing play out in our day-to-day lives. As the world becomes more diverse, how does one make sure that everyone still feels included?

How does a school or employer ensure that those who were once or are still in the majority still feel valued and included when the workforce, as they know it, is changing? Conversely, how does a school or employer ensure that those who are changing the workforce feel valued and included? Now, to be sure, this is nothing new. I've listened to my parents and other black Americans talk about their experiences of being bussed in to white schools and the 24 SAN DIEGO LAWYER September/October 2018

negative impact it had on their psyche and self-esteem. One can imagine how it must have felt to be brought into a new school full of "others" who make you feel unwelcome, yet you are supposed to be thankful for this opportunity that has been thrust upon you. These are natural feelings that any human, let alone a child, would have. If you can put yourself in the shoes of those brave, but scared children, you can see how increasing diversity is not the end of the story. It is the beginning. Another example — I consider myself to be a proud Xennial. For those of you who don't know what that is, it's the generation of people between Generation X and the millennials. As described in an article on Romper.com: We see ourselves reflected in descriptions of kids who played Oregon Trail, adolescents who used dial-up to chat on AOL instant messenger, and college students using mobile phones for the first time. Our pre-internet childhood separates us from millennials, and it's obvious now that we're parents. Personally, I think that being an Xennial is the best of both worlds because I feel I can relate to and understand both Gen X-ers and millennials. The same is not often true for my two counterparts. Gen X-ers often feel resentful toward the new generation of millennials while millennials may feel unfairly criticized by Gen X-ers. Both Gen X-ers and millennials tend to feel misunderstood by one another. Again, these are emotions with which most people can identify.

While these two examples are vastly different, they both highlight the issue of what happens when there is diversity without inclusion. What is the difference between these two concepts? And how does equity come into play? Independentsector.org aptly states: Diversity includes all the ways in which people differ, encompassing the different characteristics that make one individual or group different from another. While diversity is often used in reference to race, ethnicity and gender, it also includes age, national origin, religion, disability, sexual orientation, socioeconomic status, education, marital status, language and physical appearance. It also includes diversity of thought: ideas, perspectives and values. We also recognize that individuals affiliate with multiple identities. Inclusion is the act of creating environments in which any individual or group can be and feel welcomed, respected, supported and valued to fully participate. An inclusive and welcoming climate embraces differences and offers respect in words and actions for all people. It’s important to note that while an inclusive group is by definition diverse, a diverse group isn’t always inclusive. Equity is the fair treatment, access, opportunity and advancement for all people, while at the same time striving to identify and eliminate barriers that have prevented the full participation of some groups. Improving equity involves

DIVERSITY AND INCLUSION

increasing justice and fairness within the procedures and processes of institutions or systems, as well as in their distribution of resources. Tackling equity issues requires an understanding of the root causes of outcome disparities within our society. Or as Dwayne Crenshaw, CEO of RISE San Diego and RISE@Work (quoting Verna Myers), simply puts it, "Diversity is being invited to the party. Inclusion is being asked to dance." RISE@Work is a local company that offers customized, interactive Diversity, Equity & Inclusion (DEI) Leadership Training and consulting to employers and other organizations to help them make sure their workforce can adapt to the world's increasingly diverse population. To deliver this training, RISE@Work uses Rise Fellows who are diverse leaders in the San Diego community. The trainers are individuals who have experienced lack of equity and inclusion themselves. JONES, a leadership development, diversity and organizational change consulting firm, is another local company offering such training. Dr. Steven Jones and his team of consultants offer trainings to both education-sector and corporate audiences focusing on the importance of inclusion in maintaining a healthy and thriving environment for students and employees. Dr. Jones explains, “It is important that we train our leaders in companies to be inclusive leaders and to have the skills that allow them to leverage diversity of thought, diversity of talent and diversity of background. This work is a skillset as opposed to a value system. What DEI Training recognizes is that, as a leader, I can have the best of intentions, but if I don’t have the skills to minimize the impact of conscious and unconscious bias, then with

the best of intentions, I may fall victim to the “similar to me bias,” which is the desire to work with people that are like myself. My go-to person will be someone that is more similar to me than different. I won’t do that out of prejudice, but instead out of the intention of managing time and risk. When selecting to work with someone who looks just like me, I can use less words with them. I can be more efficient with my time. I am not thinking about diversity — I am thinking of time-management. From a risk management perspective — when I view someone as more similar to me, handing them a job or promotion is less of a risk, because I think, if "I’m smart, they’re smart.” This “similar to me bias” ends up perpetuating a workplace where people do not feel included and, in reality, do not end up having the same opportunities as others. The reality is that diversity without inclusion is really a recipe for disaster. And I say this as someone who has counseled both employers and employees on these issues, and experienced them myself. What good does it do to recruit diverse talent if the talent does not feel welcomed when they arrive? And finally, what good is feeling welcomed if, in reality, you do not actually have the same opportunity for success? As stated by Meg Bolger, Social Justice Facilitator and Founder of Same Team, "Equity is not an outcome. Equity refers to the process a company consistently engages in to ensure that people with marginalized identities have the opportunity to grow, contribute and develop — regardless of their identity." These are the exact issues that DEI Training is meant to address. Andrew Picard, Vice President of Operations at San Diego Workforce Partnership, took the laboring oar of running the procurement process

Define

for DEI Training at SDWP. Picard explained, “We decided to pursue DEI work not only because it’s the right thing to do, it’s the smart thing to do. Creating a working environment where all people feel empowered to contribute as their full self makes us more effective in executing our mission in the community.” Picard went on to say, “DEI Training has been a valuable and enriching experience. What DEI work teaches us is that it is not any single experience, but a journey with a variety of growth opportunities and tensions along the path. We strive to integrate DEI as a philosophy in which we approach our business, both internally in developing our colleagues and externally in how we serve the region.” Dr. Jones cautions, “DEI Training alone is not a strategy. Companies must engage in a culture change that supports leaders and the skills they learn during training. Leaders need to be able to apply those skills. Application of these skills requires a culture of accountability and a larger, strategic culture change initiative so managers can develop the necessary skillset for inclusive leadership. It’s an ongoing process.” With San Diego's population becoming more diverse every year, it is imperative that schools and employers are prepared to embrace this growth, not to just deal with it. So, San Diego, let's take the bull by the horns, seize the day and lean on in. The time is here to move from diversity to diversity, equity and inclusion. The success of San Diego depends on it. Hali Anderson (handerson@grahamhollis.com) is an attorney with GrahamHollis APC.

September/October 2018 SAN DIEGO LAWYER 25

26 SAN DIEGO LAWYER September/October 2018

DIVERSITY AND INCLUSION

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Are We So Busy Trying to Be Diverse That We’ve Forgotten to Be Inclusive? Why Correct Pronoun Usage Matters By Michelle Vescio Evenson

hink about how important it is to feel included. When a person doesn’t feel included, they don’t want to be in that place. Now apply that to the workplace, where people spend 40 hours, on a good week. Most attorneys spend far more than 40 hours a week at work or doing work, so what would it be like if they didn’t feel included, valued or understood at all? They might quit, experience depression or experience substance abuse. Inclusion is the cornerstone of retention and mental health. Inclusion is the culture and atmosphere created at work that makes everyone feel welcome and appreciated for their diversity. Diversity is the differences in our workers including, but not limited to, ethnicity and gender, as well as how workers see and experience the world based on those differences. Over the past 10 years, LGBTQ Americans and their allies have seen growth in equality and inclusion efforts, both socially and legally. The significant cultural changes that have occurred since Prop 8 and DOMA were struck down have given LGBTQ community members hope. But there is a way to go when it comes to policies and procedures that hinder the inclusivity, safety and wellbeing of LGBTQ people. 1.

One simple way to be inclusive is to use preferred pronouns. Using appropriate and preferential pronouns is a means of being kind, caring and inclusive when dealing with clients and co-workers. One way to implement the use of preferred pronouns at work is to start using them at staff meetings during introductions. I’ll start: My name is Michelle. My preferred pronouns are she/ her/hers. After you feel comfortable with pronoun use, you can introduce yourself this way all of the time. Think of it this way: At a networking event, wouldn’t it be great if that person, whose name you can’t remember, simply walked up and said, “Hi, I’m Lee. My preferred pronouns are they/ their/them. We met last year.” Why is using a person’s preferred pronoun so important? Assuming a person’s pronouns can make that person feel devalued, disrespected, dismissed and alienated. In order to get to the heart of why personal pronoun use is so important, let’s start with some vocabulary.1 The concept of gender and pronoun use is easier to master if we understand the vocabulary1, the pronouns and some other issues associated with gender identity.

Cisgender | A term used to describe a person whose gender identity aligns with those typically associated with the sex assigned to them at birth. Gender expression | External appearance of one's gender identity, usually expressed through behavior, clothing, haircut or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine. Gender-fluid | According to the Oxford English Dictionary, a person who does not identify with a single fixed gender; of or relating to a person having or expressing a fluid or unfixed gender identity. Gender identity | One’s innermost concept of self as male, female, a blend of both or neither — how individuals perceive themselves and what they call themselves. One's gender identity can be the same or different from their sex assigned at birth.

HRC Glossary of Terms, 2018. Visited August 20, 2018, 1:15 p.m. https://www.hrc.org/resources/glossary-of-terms?utm_source=GS&utm_medium=AD&utm_campaign=BPI-HRC-

Grant&utm_content=276004739490&utm_term=gender%20identity&gclid=CjwKCAjwzenbBRB3EiwAItS-uyXcOVxB1MIeEW0rHFzfFj3ulaj-typNPJjx990dNOR7xovRlwkElBoC72MQAvD_BwE

September/October 2018 SAN DIEGO LAWYER 27

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Gender non-conforming |

Most Common Pronouns |

A broad term referring to people who do not behave in a way that conforms to the traditional expectations of their gender, or whose gender expression does not fit neatly into a category.

She, Her, He, Him, They, Their [use they, their for people who are gender-fluid, gender non-conforming or non-binary.] Those grammar police out there will need to get over the hang-up of using plural pronouns for singular subjects.

Transgender | An umbrella term for people whose gender identity and/or expression is different from cultural expectations based on the sex they were assigned at birth. Being transgender does not imply any specific sexual orientation. Therefore, transgender people may identify as straight, gay, lesbian, bisexual, etc. Nonbinary | Nonbinary is an umbrella term for people with gender identities that fall somewhere outside of the traditional conceptions of strictly either female or male. People with nonbinary gender identities may or may not identify as transgender, may or may not have been born with intersex traits, may or may not use gender-neutral pronouns, and may or may not use more specific terms to describe their gender.2

Using preferred pronouns is a simple way to show support and create an inclusive workspace. Because the research about nonbinary people has been limited to the transgender community, it is difficult to determine just how many people in the world or even the U.S. identify as nonbinary. However, studies from 2012 and 2016 indicate that 25-35 percent of the transgender community studied identified as nonbinary.3 According to a report compiled by public policy scholars The Williams Institute at UCLA School of Law in 2016, roughly 700,000 adult Americans identified as transgender.4 The same report showed more than 200,000 California adults identified as transgender.5 A January 2017 press release from The Williams

Institute showed 150,000 children between age 13 and 17 identify as transgender nationwide, and California has one of the highest number of youths identifying as transgender.6 As individuals who advocate for our clients, it is important to understand not just what issues they are looking for help with, but also issues surrounding their identities and personal lives. It takes diligence to ensure inclusion is a part of the workplace. It requires constant awareness. One way to increase awareness is to attend MCLE or other trainings, join an affinity law group like Tom Holman LGBT Law Association, or become involved in diversity and inclusion committees. Whatever you decide, the Human Rights Campaign suggests establishing clear and inclusive policies that support LGBTQ coworkers, intentionally creating safe places for LGBTQ co-workers and clients, visibly advocating for LGBTQ co-workers and clients, and providing educational opportunities and resources for all workers. Michelle Vescio Evenson is an attorney with Dean Law Group, APLC.

2. Senate Bill No. 179: Gender identity: female, male, or nonbinary (2017-2018). Visited September 5, 2018, 10:00 a.m. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_ id=201720180SB179. This bill makes it possible for Californians to change their birth certificates so that it reflects their true gender identity. The new choices are female, male or nonbinary. 3.

American Psychological Association Nonbinary Gender Identities Handout, citing James, Herman, Rankin et al, 2016; Barr, Budge, Andelson, 2016; Mikalson, Pardo, and Green, 2014.

Flores, A.R., Herman, J.L., Gates, G.J., & Brown, T.N.T. (2016). How Many Adults Identify as Transgender in the United States? Los Angeles, CA: The Williams Institute.

Id.

Flores, A.R., Herman, J.L., Gates, G.J., & Brown, T.N.T. (2016). How Many Adults Identify as Transgender in the United States? Los Angeles, CA: The Williams Institute.

NAME AND GENDER CHANGE INFORMATION It is important to note that a person does not need an order recognizing a gender change to change their gender on a California driver’s license, a Social Security card, or U.S. passport. Secondly, a person born in California may change their gender and have a new birth certificate issued reflecting that new gender without an order recognizing a gender change. However, if a client was born outside of California, they will need to check the laws of their state of birth to determine whether an order recognizing a gender change is needed to change and issue a new birth certificate from their state of birth. As of September 1, 2018, a minor may petition the court to recognize a change of gender to female, male or nonbinary. The petition must be signed by one or two of the minor’s parents, a guardian, or, if both parents are deceased and there is no guardian, by a near friend or relative.

ADULT: GENDER CHANGE ONLY * Gender may be recognized as male, female or nonbinary. Forms: Petition for Recognition of Change of Gender and Issuance of New Birth Certificate (NC-330);

Request to Waive Court Fees (FW-001).

New Birth Certificate (NC-330), for judge to sign.

Service: NA

Civil Case Cover Sheet (CM-010); and

Hearing: Attend hearing if needed — Unless a written objection showing good cause for opposing a court order recognizing the change in gender is filed within 28 days of the filing of the petition, court will grant without hearing.

Granted/No Hearing: Get certified copies of signed Order Recognizing Change of Gender and for Issuance of New Birth Certificate (NC-330).

Order Recognizing Change of Gender and for Issuance of New Birth Certificate (NC-330). Filing: Original and at least 1 copy. Fee Waivers available for qualified parties.

If an objection is filed, notice will be sent. Appear with copy of Order Recognizing Change of Gender and for Issuance of

DIVERSITY AND INCLUSION

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ADULT: NAME AND GENDER CHANGE Forms: Petition for Change of Name, Recognition of Change of Gender, and Issuance of New Birth Certificate (Form NC-200); Attachment to Petition for Change of Name (Form NC-110); Order to Show Cause for Change of Name to Conform to Gender Identity (Form NC-125/NC-225); Civil Case Cover Sheet (Form CM-010); and Any Local Forms * Filing: All original forms and at least 1 copy of each form

with Superior Court where client lives. Fee Waivers available for qualified parties. Request to Waive Court Fees (FW-001). Service: NA Hearing: Attend hearing if needed – Unless a written objection showing good cause for opposing is filed within 6 weeks of petition/forms, court will grant without hearing. If an objection is filed, notice will be sent. Appear with copy of Decree Changing Name and Order Recognizing Change

of Gender and for Issuance of New Birth Certificate (Form NC-230) for judge to sign. Granted/No Hearing: Get certified copies of signed Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (Form NC-230). Client will need document to change name on legal documents, including birth certificate and other government-issued identification like driver’s license.

MINOR: GENDER CHANGE ONLY Forms: Petition for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate, (Form NC-500);

Service: On Parents: if Petition is not signed by BOTH living parents within 30 days of filing.

Certificate (Form NC-330) with you and appear before the court and have the judge sign.

Order to Show Cause for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate (Form NC-520); and

File proof of service.

The court may deny a minor’s petition to recognize a change of gender if a non-consenting parent presented a timely written objection and appeared, and after the hearing, the court determines recognizing the change of gender is not in the best interests of the minor.

Civil Case Cover Sheet (Form CM-010). Filing: All original forms and at least 1 copy of each form with Superior Court where minor client lives. Fee Waivers available for qualified parties. Request to Waive Court Fees (FW-001).

Hearing: Attend hearing if needed — Unless an objection is filed at least 2 court days before the hearing date set in the order to show cause, the court will grant petition without hearing. Check with court day before hearing date to see if hearing will be held. If objection timely filed and hearing is on, take Order Recognizing Change of Gender and for Issuance of New Birth

Granted/No Hearing: Get certified copies of signed Order Recognizing Change of Gender and for Issuance of New Birth Certificate (Form NC-330).

MINOR: NAME AND GENDER CHANGE Forms: If all living parents sign Petition:

Fee Waivers available for qualified parties.

Petition for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate and Change of Name, (Form NC-500);

Request to Waive Court Fees (FW-001).

Order to Show Cause for Change of Name to Conform to Gender Identity (Form NC-125/NC-225); and Civil Case Cover Sheet (Form CM-010). If a living parent does not sign the Petition: Petition for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate and Change of Name, (Form NC-500); Order to Show Cause for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate and Change of Name (Form NC-520); and

Service: On any living parent who did NOT sign the petition — serve Order to Show Cause for Recognition of Minor’s Change of Gender and Issuance of New Birth Certificate and Change of Name (Form NC-520) within 30 days of the filing of the Petition. File proof of service. Hearing: Attend hearing if needed — Unless an objection to the petition for recognition of gender change is filed at least 2 court days before the date of hearing AND/OR an objection to the petition for name change is filed within 6 weeks of the date of the order to show cause, the court will grant the petitions without hearing.

Civil Case Cover Sheet (Form CM-010).

If the order to show cause included a hearing date, check with court day before hearing to see if it will be held.

Filing: All original forms and at least 1 copy of each form with Superior Court where minor client lives.

If no hearing date was set, court will send notice if a hearing date is set.

Check 6 weeks after order to show cause was issued to see if any objections were filed. If an objection is timely filed and a hearing is set, go to court. Take the Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (Form NC-230) for the judge to sign. The court may deny a minor’s petition to recognize a change of gender if a non-consenting parent timely objected and appeared and, after hearing, the court determines that recognizing the change of gender is not in the best interests of the minor. Granted/No Hearing: Get certified copies of signed Decree Changing Name and Order Recognizing Change of Gender and for Issuance of New Birth Certificate (Form NC-230). Client will need document to change name on legal documents, including birth certificate and other government-issued identification like driver’s license.

* Local forms for San Diego Superior Court can be accessed at www.sdcourt.ca.gov. University of San Diego has hosted clinics at The San Diego LGBTQ Center in Hillcrest. Email transclinic.sandiego@gmail.com for more information. Information on changing your California driver’s license can be found at www.dmv.ca.gov. Information on changing birth certificates and other vital records can be found at https://www.cdph.ca.gov/Programs/CHSI/Pages/Correcting-or-Amending-Vital-Records.aspx. Information for this sidebar was obtained from California Courts, The Judicial Branch website, www.courts.ca.gov/genderchange.htm, accessed September 17, 2018, 10:30 a.m.

DIVERSITY AND INCLUSION

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DIVERSITY FELLOWSHIP PROGRAM In 2018, we were proud to partner with ACC San Diego once again to host fifteen fellows at fourteen law firms and corporate legal departments over the summer through our Diversity Fellowship Program. We asked our fellows and employers for DIVERSITY FELLOWSHIP PROGRAM their thoughts on what was most impactful about the program and the importance of inclusion efforts in our profession. Here are some of their responses.

Andrews Lagasse Branch & Bell LLP Jonathan Andrews

Amy Vang

Andrews Lagasse Branch & Bell LLP

California Western School of Law

We do not do enough to show diverse lawyers that there are viable employment opportunities in the civil litigation arena. Our fellows have showed us there is a desire to expand horizons and seek out new opportunities.

The stand out moment for me this past summer was when I realized that the culture of Andrews Lagasse Branch + Bell was nothing like what I had imagined. The attorneys were so patient with me and genuinely enjoyed teaching me things I did not know. Everyone who worked there made me feel so welcome and I really felt like I was a part of the team.

DFP DFP

Employer

fellow

Brown Law Group

Janice Brown

Sabrina Lim

Brown Law Group

University of California, Irvine School of Law

DIVERSITYBrown FELLOWSHIP PROGRAM Law Group is known for its diversity and

inclusion. Led by founding Partner Janice Brown, BLG highlights is diverse roster of attorneys and staff as the essence of what makes the firm unique. This essence makes BLG extremely attractive to clients of all sizes, allowing us to thrive in the highly competitive market of employment defense.

One of the biggest takeaways from my DFP fellowship is to be proactive. Whether it is building a network or getting the assignments you want, you need to seek them out. If your employer brings you to an event, make it an objective to meet attorneys you want to work with. If your desk is empty, go look for the projects you want to work on. Employers will give you the opportunity, but it is up to you to make the most of your experience.

DIVERSITY FELLOWSHIP PROGRAM

Employer

fellow

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Duane Morris LLP Patricia Hollenbeck

Diane Byun

Duane Morris LLP

University of San Diego School of Law

Our diversity fellow had previous work experience, so she was able to adapt to the law firm environment and integrate quickly. I enjoyed watching her skills develop over the course of the summer. She made a tangible contribution to our practice.

Employer

fellow

Similar to those who cannot perceive red, green, and blue, individuals in an environment lacking diversity are unable to view the world in its entirety. They understand that certain shades are present, but they are unable to identify or understand the unknown. Diverse perspectives fill in these gray areas and allows one to see the world as it actually is. I plan to foster diversity and inclusion by instilling a sense of responsibility in others through community advocacy and by working with pipeline programs to ensure an increase of diverse persons in the legal profession.

Ferris & Britton, APC

Employer

Michael Weinstein

Katilyn Farrell

Ferris & Britton, APC

University of San Diego School of Law

DFP fellows have completed their first year of law school only when they join our firm for the summer. Without fail, each year our DFP fellows combine an enthusiasm and hunger to learn with outstanding capabilities. There is always marked improvement as the summer progresses. What stood out about our DFP fellow this year were her critical analysis skills, which far surpassed my expectations. She was able to analyze complex questions, spot the important legal issues, and identify the key facts bearing on those legal issues. Very impressive for someone with only a year under her belt.

fellow

The most important takeaway from my DFP fellowship is seize every opportunity because the attorneys want you there and want you to learn as much as possible. This means sitting in on every client meeting, lunch, and anything else happening at the law firm. By attending these events you get to see what being a practicing attorney is like first-hand. Additionally, the mentorship that can be gained by simply being present is amazing.

Higgs Fletcher & Mack, LLP Edwin Boniske

Octavia Carson

Higgs, Fletcher, Mack, LLP

Thomas Jefferson School of Law

Aside from having our fellows become part of the HFM family (which is very important to us), we have learned the value and importance of continuing to support this program and other diversity initiatives in our community.

Employer

32 SAN DIEGO LAWYER September/October 2018

fellow

It is important that we are intentional about diversifying the legal community because there was a time when people were purposefully shut out because of their diverse qualities, namely race. We can see that those acts of discrimination left us with a legal community that does not reflect our population. Programs like DFP are trying to right the wrongs, while also giving the best and brightest people an amazing opportunity to work with prominent law firms.

DIVERSITY AND INCLUSION

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Klinedinst PC

Employer

Heather Rosing

Alexandrea Diaz

Klinedinst PC

Thomas Jefferson School of Law

Every year, we are impressed with our fellows. They are smart, goal-oriented students who bring to the table new and innovative ways of getting things done. Our fellows remind us that the only constant in our profession is change. No one can ever rest on their laurels, and we must keep developing, improving, and innovating as a business. Our fellows bring fresh perspectives from their backgrounds, and remind us that, with the right mindset and goals, everything is possible. We value the opportunity to participate every year in this incredibly worthwhile initiative.

fellow

My first week at Klinedinst, a Latina attorney I admire approached me in the breakroom and invited me to an event. Later that summer, she took me to lunch and shared advice and encouragement. Those experiences made me feel so welcomed and inspired. Diversity and inclusion are important because those principles allow people to believe in and achieve their goals by creating support systems of people who have already achieved them. I can’t wait to be that attorney in the breakroom someday – making young professionals feel welcome and encouraging them to keep climbing. Those gestures make all the difference.

Paul, Plevin, Sullivan & Connaughton LLP

Employer

Jeff Ames

Matthew Mushamel

Paul, Plevin, Sullivan & Connaughton LLP

University of San Diego School of Law

While the DFP fellows are employed to learn from you and their DFP experience, what have you learned from them? Having DFP fellows reminds us that, although some aspects of the practice of law have changed dramatically over the past 10 or 20 years, developing the skills to be a successful young attorney still requires the same dedication and passion for the practice of law. PPSC is happy to support the DFP fellows as they begin their careers and is honored to be part of this worthwhile program.

Take advantage of the opportunities presented to you. From the application process to my last day of work, I was presented with countless opportunities to develop my skills in a supportive and encouraging environment.

fellow

Diversity in teams facilitates constructive solutions to problems and input during collaboration. As my career develops I’ll seek out guidance and mentorship from people of all backgrounds, and hope to be able to provide the same.

PÉrez Vaughn & Feasby inc. Jeffrey Feasby

Lauren Cambronero

Pérez Vaughn & Feasby Inc.

University of San Diego School of Law

We have learned over the years we have been a DFP employer that adding insight from people with different backgrounds improves our office culture and work product. PVF is a family and, like any family, we embrace the whole spectrum of thoughts and personalities.

Employer

Fellow

The most important takeaway from my fellowship was to have a positive attitude and learn as much as possible. I was able to learn valuable skills from the “experiential” parts of my internship such as attending a mediation, doing legal research, and writing memos, but I also learned a lot from the attorneys themselves. I enjoyed the lunches I had with the attorneys in my office because they gave me important tips and insights on not only the legal profession, but also what they learned from their own life experiences. September/October 2018 SAN DIEGO LAWYER 33

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Procopio, Cory, Hargreaves & Savitch LLP Deveney Wells-Gibson

Adriana Ochoa

California Western School of Law

Procopio, Cory, Hargreaves & Savitch LLP Diversity Committee Chair

Employer

We believe it is important for Procopio to reflect the diversity of the communities in which we live and serve. We know that diverse teams create better solutions. Studies have shown that diverse companies are more profitable than non-diverse companies. Also, our clients and potential clients are becoming more diverse and demanding diverse teams of attorneys to provide legal services to them.

(Diversity) is very important to me, because sometimes minorities miss out on great opportunities that may be afforded to others. Being diverse can bring and foster more, creative ideas and gives a different perspective and outlook on situations.

Fellow

San Diego District Attorney’s Office

Employer

Jerrilyn Malana

Sonia Concepcion

San Diego County District Attorney’s Office

University of San Diego School of Law

Successful diversity and inclusion programs require leadership and commitment from the very top, and this commitment must be emphasized at all levels of an organization. It also requires a workplace environment that embraces diversity and has a true culture of inclusion.

Fellow

Diversity pipeline programs such as the DFP program are truly worthwhile, and a win-win for both students and employers.

As someone who comes from a background that isn’t adequately represented in the legal profession, I value the Diversity Fellowship Program’s mission greatly. I am incredibly appreciative to have been selected to participate in such an important program, one that allows diverse students the opportunity to enter workplaces that have been historically nearly impossible to enter for minorities. This program allowed us to celebrate our diverse backgrounds and also allowed us to apply our diverse knowledge and skills to the work we were assigned.

San diego public defender’s office

Employer

Monique Carter

Isaac Young

San Diego Public Defender’s Office

Thomas Jefferson School of Law

Participating in DFP enriches your organization. It is a great way to also meet the future of the San Diego legal community. In doing so, it affirms that our local law schools are an integral part of bringing more diversity to the San Diego community, specifically the legal community.

34 SAN DIEGO LAWYER September/October 2018

Fellow

Diversity and inclusion is important because it enriches the quality and atmosphere of professional environment, but it also includes having similar experiences and sharing your story in a way that imparts positivity on others with similar circumstances. Having the privilege of being in the DFP program and working for the Public Defender’s office has provided me with the opportunity to share my story to inspire others to seek legal careers.

DIVERSITY AND INCLUSION

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Sempra Energy Charlie Dispenzieri Sempra Energy

Employer

Fellow

The Sempra family of companies have a variety of programs and initiatives that provide an opportunity for employees to collaborate and discuss diversity and inclusion. We have created a company-wide diversity and inclusion council and local employee councils. These councils play a critical role in the dissemination of information on inclusion by providing education to stakeholders across the business that is passed on to membersâ&#x20AC;&#x2122; departments. Additionally, we hold an annual diversity and inclusion summit to create a forum where we can discuss sometimes difficult but important issues, advance different viewpoints and celebrate success.

Samir Hafez

Chasity Hendren

University of San Diego School of Law

Diversity and inclusion foster a decision-making process that takes the interests of a broader swath of the community into account. As such, the best way to serve a diverse client base is through utilizing diverse professionals. I know that the most successful firms and employers already recognize this. I hope to foster the virtues of diversity and inclusion by joining a diverse firm and helping them to further their success with my own diverse perspective.

Fellow

Diversity and inclusion allows others the opportunity to walk through many different doors. Essentially, that means growth. As an attorney, you are told to always understand the other side. Diversity and inclusion, for me, is the means of accomplishing that. Moving forward, I plan to continue to motivate people to participate in this program and others like it.

Sony Electronics Inc.

Employer

India Jewell

Lauren Lee

Sony Electronics Inc.

University of San Diego School of Law

I love when DFP fellows ask questions! Not just about the research or writing assignment, but also about the business clients, the company culture, the grey areas of law, the mixed bag of law and business when you are an in-house lawyer and how to negotiate these topics. This summer, our DFP fellow asked superb questions. A particularly insightful or inquisitive, pointed question tells me a lot about, not only the intellectual curiosity of the fellow, but also the interest in placing herself in the future tense of that question. Often, students, law clerks and fellows do not ask any questions. They should. This is the time to practice it. Lawyers ask a lot of questions.

Fellow

An important takeaway I learned is that there is a need for attorneys to mentor and help young diverse aspiring lawyers. After this experience, I definitely want to be a part of San Diegoâ&#x20AC;&#x2122;s diverse legal community and mentor and support young lawyers, the way that I was supported and mentored through DFP.

September/October 2018 SAN DIEGO LAWYER 35

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Wilson Turner Kosmo llp Susan Henderson

Carolina Bravo-Karimi

California Western School of Law

Partner, Wilson Turner Kosmo LLP

Employer

By recruiting top talent with diverse backgrounds and experiences, Wilson Turner Kosmo has not only created a vibrant workplace where a variety of viewpoints are celebrated, it has also managed to compete successfully and meet the needs of its clients in an increasingly global market place. The best way to evaluate our firm’s commitment to diversity is to consider our current make-up. Wilson Turner Kosmo is one of the largest certified women-owned law firms in the region. Indeed, 60 percent of firm partners are women; 67 percent of our attorneys are women and 30 percent are minorities; and greater than 80 percent of all firm personnel are either women or minorities.

Fellow

Diversity and inclusion are important to me because it promotes learning and growth. On a macro level, embracing the diverse experiences that make us all “different” and actively seeking to find commonality despite those differences ensures relevance on a global scale, and helps to provide the best possible service to clients. On a micro level, creating a diverse atmosphere is a form of team enrichment and builds trust among colleagues, contributing to overall productivity. I will foster diversity as I move forward by being open and accepting, and being available for mentorship to underrepresented groups in the legal profession.

THANK YOU

2018 DIVERSITY FELLOWSHIP PROGRAM EMPLOYERS ANDREWS ∙ LAGASSE ∙ BRANCH & BELL LLP

PAUL, PLEVIN, SULLIVAN & CONNAUGHTON LLP

SAN DIEGO PUBLIC DEFENDER’S OFFICE

BROWN LAW GROUP

PEREZ VAUGHN & FEASBY

SEMPRA ENERGY

DUANE MORRIS LLP

PROCOPIO, CORY, HARGREAVES & SAVITCH LLP

SONY ELECTRONICS INC.

DIVERSITY FELLOWSHIP PROGRAM

FERRIS & BRITTON, APC HIGGS FLETCHER & MACK, LLP KLINEDINST PC

SAN DIEGO DISTRICT ATTORNEY’S OFFICE

WILSON TURNER KOSMO LLP

The SDCBA and ACC-SD’s Diversity Fellowship Program (DFP) has paired diverse first-year law students with law firms and corporate legal departments in San Diego since 2009. The goals of DFP are twofold: to increase the number of diverse attorneys in San Diego, and to introduce employer participants to competent recruits who might not have been identified through other traditional means.

DFP

Learn more about the program and how to participate in 2019 at www.sdcba.org/dfp.

36 SAN DIEGO LAWYER September/October 2018

DIVERSITY FELLOWSHIP PROGRAM

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

Alexander Isaac Dychter

Laura H. Miller

Doc Anthony Anderson

Sergio Feria

Gerald S. Mulder

Judy S. Bae

James P. Frantz

Victor E. Bianchini

Douglas A. Glass

Jedd E. Bogage

Alvin M. Gomez

Connie Broussard

Charles R. Hayes

Jose S. Castillo

Van E. Haynie

Todd F. Stevens

Andy Cook

Stephen M. Hogan

Kimberly Swierenga

Steven T. Coopersmith

Rhonda J. Holmes

Thomas J. Warwick

Ezekiel E. Cortez

Richard A. Huver

William O. Dougherty

Steven Henry Lorber

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

Andrew H. Wilensky

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 B. Dugan

Marguerite C. Lorenz

Steven Barnes

Thomas Fitting

Raymond J. Navarro

Robert J. Baumer

Susan K. Fox

Anthony J. Passante

Scott Carr

Ronald Leigh Greenwald

Anne Perry

Linda Cianciolo

Ajay K. Gupta

Teresa E. Dietz

Mark Kaufman

Kristi E. Pfister Michael J. Roberts Stella Shvil

ING T A C I MUN

OM C D N GA N I TAL JD K N R E O M W MD, TH I ams, W r b A S D lan NT E I ahn, J y D r. A L W B . C K leida WITH an d A ES U S S I H HEALT

ental illness, even severe mental illness is diverse. Otherwise sophisticated Supreme Court opinions have regularly promulgated a very onedimensional view of mental illness — you have it or you don’t. Finally, in 2008, Justice Beyer astutely noted in Indiana v. Edwards: “Mental illness itself is not a unitary concept. It varies in degree. It can vary over time. It interferes with an individual's functioning at different times in different ways.” The attorney’s ability to assess the severity of their client’s impairment is the most essential part of working with clients with mental health issues, along with rating the three issues of boundaries, trust and realistic communication. Many forms of severe mental illness are characterized by denial and the construction of facades and personas to hide the realities. Something I have always found very helpful is to ask my patients to write a detailed autobiography for me. Writing taps into different brain

storage than speech, so there is always new material and real data to work with. Make sure your client labels it as attorney client communication, especially if they are incarcerated. You need to know how accurate, distorted or dishonest your client’s narrative accounts may be. You want to anticipate how much extra effort you will have to put in to create some level of trust, whether that will even be possible, and how to create appropriate boundaries. Improving communication with clients with mental illness greatly depends on the severity of the distortions of reality, and the degree to which your client has had communications that were not mainly centered on life’s basics for survival. Clients with less disabling mental illness often make inaccurate assumptions about the nature of their relationships. You can address those assumptions early on to set the boundaries and establish the tone for your work with them. It never hurts to be plain spoken, e.g., “I’ve rarely

seen a client benefit from taking on the role of the victim. Try thinking about being lucky enough to have survived. In my experience that is a better way to live.” Talking about the obvious current stress the client is under can allow some pushing for better boundaries, honesty and openness by attributing the negatives to current stress. With more severe distortions and denial, talking about getting support from a professional may be the road to better communications. Competency questions arise with clients who can’t establish boundaries, who confuse trust with exploitation, or who cannot engage in basic communication. Rather than trying to memorize the Diagnostic and Statistical Manual (DSM), some intuitive introspection and evaluation of data will go a long way in determining which clients have significant mental illness. With some clients, the realities are too obvious — incoherent speech about the secret agents, or the microchips, or their fifth DUI. But so many September/October 2018 SAN DIEGO LAWYER 39

other forms of mental illness and emotional suffering are more subtle. Once you have the information underlying the legal action, the autobiography, your client’s early behavior with you, and your gut instincts, there is plenty of data to make a good assessment of whether there will be a predominance of honest, accurate communication, respect for boundaries, and mutual trust and respect. You can then begin to set your agenda for which “red flags” you will try to deal with yourself and when the “red flags” will give you a sense that things will not resolve and that a mental health professional may be needed. It doesn’t have to involve an assessment of the client. A talk with a friend in mental health about what you experience with the client can help. Often the advice though is “let me take a look.” Preparation of your client will then be needed to make the process less threatening and intrusive. Every reason can be expressed as a measure of your concern. So even the client who calls 10 times a day to berate you for being lazy, is more likely to be less rejecting when you tell him that you have asked for a meeting with a mental health clinician, “because I am concerned that you are having such a difficult time trusting me. Maybe the doctor can give both of us suggestions how to do better.”

"The specifics of all the varieties of mental disorders intersecting with all the varieties of legal cases can be overwhelming, but you are not responsible for either a diagnosis or cure." The specifics of all the varieties of mental disorders intersecting with all the varieties of legal cases can be overwhelming, but you are not responsible for either a diagnosis or cure. Fortunately, the bottom line isn’t that complex: 1.

How do you rate the three basics with this client — boundaries, trust and realistic communications (i.e., not denial and delusion)?

Don’t ignore all the red flags.

Understand that mental illness is rarely under a person’s ability to change by individual will power or “making better choices.”

Overall, understanding that regardless of how the lawsuit is resolved, the client has a real need for effective treatment to have any chance at a better future. Dr. Alan Abrams is an MD and JD He has a private psychiatry practice and is a retained and court-appointed expert in criminal and civil matters. Aleida K. Wahn is an attorney and award-winning true crime writer. You may contact her through her website at www.aleidalaw.com

Atticus

the

REMEMBER THAT BUSINESS I WANT TO START? I BOUGHTA DOMAIN NAME AND EVERYTHING! WELL I TOLD A FORMER COLLEAGUE ABOUT IT...

Advocate

Sniffing Around for Legal Services

YES! THAT WAS A GREAT IDEA!

...AND NOW SHE’S SELLING THE SAME THING, USING THE SAME BUSINESS MODEL!

ATTICUS!!

YOUR IDEAS AND INVENTIONS – LIKE, PRODUCT DESIGNS AND TRADE SECRETS – ARE YOUR INTELLECTUAL PROPERTY...

AND CAN BE TRADEMARKED, COPYRIGHTED AND PROTECTED FROM COMPETITORS, WITH LIMITED “FAIR USE” EXCEPTIONS.

ARF! ARF!

WHAT IS IT, BUDDY?

Sorry about Atticus! He ran off when I was talking about the business idea that was stolen from me!

WHERE YOU TAKING ME, HUH?

ARF! ARF!

NO PROBLEM. I’M AN ATTORNEY LET’S SEE IF WE CAN DETERMINE WHAT YOUR INTELLECTUAL PROPERTY IS AND HOW TO PROTECT IT.

THANKS TO ATTICUS HERE, WE MAY BE ABLE TO GET YOU SOME HELP.

looking for a lawyer? call (619) 231.8585 or visit www.sdcba.org/ineedalawyer

100

LUB

EN PERC T C 2018

THANK YOU 100 PERCENT CLUB 2018 The San Diego County Bar thrives only because of the support and talents of each and every one of our members. Thank you to our “100% Club” firms, whose attorneys are all members of the SDCBA in 2018. Your leadership and dedication to our profession is truly appreciated.

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

Fredrickson, Mazeika & Grant, LLP Frisella Law, APC Garmo & Garmo LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Grant & Kessler, APC Green Bryant & French, LLP Greene & Roberts LLP Grimm, Vranjes & Greer LLP Haeggquist & Eck, LLP Hahn Loeser & Parks, LLP Henderson, Caverly & Pum LLP Hiden, Rott & Oertle, LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins Glatt & Rich LLP Klinedinst PC Koeller Nebeker Carlson & Haluck LLP Konoske Akiyama | Brust LLP Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP Littler Mendelson PC McCloskey, Waring, Waisman & Drury LLP Men’s Legal Center Miller, Monson, Peshel, Polacek & Hoshaw MoginRubin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis, APC Neil,Dymott,Frank,McFall,Trexler,McCabe & Hudson APLC Noonan Lance Boyer & Banach LLP Office of the Public Defender

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

A Helping Hand for the Homeless: How the San Diego County Bar Foundation Makes a Difference Mayah, a client of Think Dignity’s “Homeless Youth Legal and Advocacy Project” program, funded by the San Diego County Bar Foundation, has been through the foster care system and in and out of community college. Now, she’ll transfer to Humboldt State University for the fall semester. Left to right: Mayah and Mitchelle Woodson, staff attorney, Think Dignity According to the U.S. Department of Housing and Urban Development, San Diego County has the 4th largest population of homeless people in the United States. Sadly, homelessness is a vicious cycle that is tough to break. With lack of access to health services, recovery programs and job security, our homeless are at a high risk of being trapped in an enduring cycle of poverty – and remaining on the streets. According to Neal Rockwood, president of the San Diego County Bar Foundation, the charitable arm of the San Diego County Bar Association, one of the most crucial resources these individuals need to break that cycle is effective legal representation. “In partnership with the legal community, the San Diego County Bar Foundation provides much needed funds to important nonprofits serving the homeless,” said Rockwood. “Many of the individuals with whom these organizations work have past misdemeanors and other legal issues that prevent them from moving forward. Our goal is to help get them back on track and off the streets.” Through its Indigent Criminal Defense Fund, the Bar Foundation supports organizations that deliver effective legal representation and programs to assist those who cannot afford to hire an attorney. Last year, the Defense Fund gave $80,000 to programs supporting the homeless – making a vital impact on San Diego’s unhoused. “The legal assistance and programs we fund can be life-changing,” said Rockwood. “We’ve helped hundreds of homeless individuals resolve their criminal defense needs – and get their lives back in order.”

Homelessness impacts all genders, ethnicities and ages – including the very young. Aided by a $50,000 Bar Foundation grant, Think Dignity – a local nonprofit that advocates for the homeless – recently launched the Homeless Youth Legal and Advocacy Project. The program helps youth ages 14-24 with direct representation criminal defense services – also providing an advocate to support them and connect them to crucial social services and benefits such as job training and education. By providing workshops on criminal and constitutional rights and interactive “Know Your Rights” training to participants, Think Dignity has impacted the lives of over 100 at-risk youth and given them the necessary tools to thrive. With critical support from the Bar Foundation, the organization was able to help 62 young indigent clients with criminal defense needs, enabling them to re-enter the workforce, go back to school, pursue their career goals, and, most importantly, break the painful cycle of homelessness and poverty. The Bar Foundation’s Defense Fund also recently granted $30,000 to Father Joe’s Villages, which provides a wide array of support – including rental assistance, addiction treatment, education and job training in an internationally modeled “one-stop-shop” approach. The funds were invested in the Homeless Court program, which helps residents tackle the challenging legal issues that can keep them from obtaining housing, jobs and public benefits.

According to a recent report from Father Joe’s, to sanitize the downtown neighborhood after the Hepatitis A outbreak occurred, the City of San Diego issued numerous citations to the homeless to remove them from the area. With help from the Bar Foundation grant, the Homeless Court program was able to dismiss over 200 of these cases and satisfy over $63,000 in fines on behalf of these individuals. The forward-thinking Homeless Court program has not only influenced the lives of San Diego’s at-risk – but has served as a national example and is the country’s first legal service that is dedicated to assisting individuals in homeless court. From providing legal representation in the courtroom to identifying effective solutions and organizations, the San Diego County Bar Foundation is working hard to help move San Diego’s homeless off the streets. The organization’s grants are made possible by contributions from San Diego’s legal and business communities as well as its annual fundraiser, “An Evening in La Jolla,” taking place on Oct. 6. The Indigent Criminal Defense Fund is available due to the Private Conflicts Counsel program run by the San Diego County Bar Association. The San Diego County Bar Foundation encourages donations of all sizes. For more information, or to donate, visit www.sdcbf.org.

LOOKING TO GET HIRED? 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.

SAN DIEGO COUNTY BAR ASSOCIATION

MARISSA A. BEJARANO

VIC BIANCHINI

San Diego County District Attorney’s Office

Judicate West Dispute Resolution Services

Years as a member of the SDCBA: 10

Years as a member of the SDCBA: 46

Areas of practice: Criminal Law, Trial and Appellate Practice

Areas of practice: Mediation, Arbitration

BRENT DOUGLAS

NICHOLAS J. FOX

Martenson Hasbrouck & Simon

Foley & Lardner LLP

Years as a member of the SDCBA: 8

Years as a member of the SDCBA: 7

Areas of practice: Employment Law

Areas of practice: Civil litigation, Consumer and privacy class actions, Corporate disputes, Appellate practice

A. MELISSA JOHNSON

WILLIAM F. SMALL

Spencer Johnson McCammon LLP

Small & Schena LLP

Years as a member of the SDCBA: 22

Years as a member of the SDCBA: 9

Areas of practice: Employment Law

Areas of practice: Civil litigation, primarily business and employment litigation

SOUTH BAY SEAT

KHODADAD DARIUS “KO” SHARIF SHARIF | FAUST LAWYERS, Ltd. Years as a member of the SDCBA: 14 Areas of practice: Civil Litigation, Family Law, and Criminal Defense

Vote for Your 2019 SDCBA Board of Directors Online Polls Open Monday, October 15 through Friday, November 9 Learn more about the candidates and how to vote at

www.sdcba.org/election

September/October 2018 SAN DIEGO LAWYER 45

FEATURED PANELIST:

Hon. Herbert B. Hoffman, Ret. Judicate West is proud to also offer the services of these experienced and talented local neutrals: Andrew Albert, Esq. N. Denise Asher, Esq. Hon. Victor Bianchini (Ret.) Jonathan Brenner, Esq. Hon. Steven Denton (Ret.) Hon. Christine Goldsmith (Ret.) Hon. John Hargrove (Ret.) Craig Higgs, Esq. Jeffrey Joseph, Esq. Robert Kaplan, Esq.

Hon. William McCurine, Jr. (Ret.) Hon. David Moon, Jr. (Ret.) Hon. Thomas P. Nugent (Ret.) Hon. Leo Papas (Ret.) Gregory Post, Esq. Hon. Ronald S. Prager (Ret.) Hon. Joel M. Pressman (Ret.) Hon. Linda Quinn (Ret.) Thomas Sharkey, Esq. Maureen Summers, Esq.

MAIN AREAS OF EXPERTISE: Employment Business Commercial Professional Malpractice Catastrophic Personal Injury

For scheduling, call (619) 814-1966

SAVE THE DATE

STEPPING UP TO THE BAR THURSDAY

DECEMBER 6, 2018 5:30 PM - 8:00 PM New Childrenâ&#x20AC;&#x2122;s Museum 200 West Island Ave San Diego, CA 92101

To register visit: www.sdcba.org/Steppingup

46 SAN DIEGO LAWYER September/October 2018

This October, Celebrate the Past, Present and Future of the San Diego Law Library By San Diego Law Library Staff

he San Diego Law Library is proud to announce a trio of fall events in which we celebrate our past, present and future.

Lawyers Club of San Diego. Entertainment will be provided by local comedian Mark Christopher Lawrence.

We are celebrating the present at the Witkin Awards Dinner on Thursday, October 4, at the legendary Tom Ham’s Lighthouse. This event honors the members of the San Diego community that have made an outstanding contribution to the legal profession and serves as the primary fundraiser for the San Diego Law Library. Honorees this year are the Hon. Desirée A. Bruce-Lyle of the San Diego Superior Court; Margaret A. Dalton, Esq., Associate Dean and Professor of Law at the University of San Diego School of Law; David Casey Jr., Esq., founding partner of CaseyGerry; and the Human Trafficking Collaborative of the

On November 1 we are joining the Lawyers Club of San Diego to honor the past when we examine the extraordinary career of Justice Rose Elizabeth Bird, the former Chief Justice of the Supreme Court of California. Justice Bird is known for her groundbreaking career and her controversial exit from the California Supreme Court. The event will be moderated by San Diego City Attorney Mara Elliott. San Diego Superior Court Judge Yvonne Campos and Kathleen Cairns, Professor of History at Cal Poly San Luis Obispo, will be speaking about Justice Bird’s superlative and controversial career. The talk will be followed by a

dessert reception catered by Extraordinary Desserts. And, finally, we celebrate the future of the Law Library at our annual Holiday Open House on Thursday, December 13. SDLL and the San Diego Law Library Foundation are sharing the love we have for our patrons. In addition to the usual festivities we are asking our patrons and supporters to share their stories about the San Diego Law Library and the positive impact it has made in their lives. We thank you for your continued support of SDLL, and we hope to see you soon. For more information about the San Diego Law Library and our upcoming events, please visit us at www.sandiegolawlibrary.org.

Statement of Ownership, Management and Circulation (required by 39 U.S.C. 3685). 1. Publication title: San Diego Lawyer. 2. Publication number: 1096-1887. 3. Filing date: 10/1/2018. 4. Issue frequency: Bimonthly. 5. Number of issues published annually: 6. Annual subscription price: $50.00. 7. Complete mailing address of known office of publication: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, San Diego County, CA 92101. 8. Complete mailing address of headquarters or general business office of publisher: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 9. Full names and complete mailing addresses of publisher, editor and managing editor. Publisher: Ellen Miller-Sharp, 401 West A Street, Suite 1100, San Diego, CA 92101. Editor: Karen Korr, 401 West A Street, Suite 1100, San Diego, CA 92101. Managing Editor: Karen Korr, 401 West A Street, Suite 1100, San Diego, CA 92101. 10. Owner: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 11. Known bond holders, mortgagees and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages or other securities: None. 12. Tax Status: Has Not Changed During Preceding 12 Months. 13. Publication title: San Diego Lawyer. 14. Issue date for circulation data below: 01/09/2016—01/07/2017. 15. Extent and nature of circulation: Membership/Trade Publication. a. Total no. of copies. Average no. copies each issue during preceding 12 months: 7,165. No. copies of single issue published nearest to filing date: 6,919. b. Paid circulation. (1) Mailed outside-county mail paid subscriptions stated on Form 3541. Average no. copies each issue during preceding 12 months: 280. No. copies of single issue published nearest to filing date: 284. (2) Mailed in-county paid subscriptions stated on Form 3541. Average number copies each issue during preceding 12 months: 6,727. No. copies of single issue published nearest to filing date: 6,485. (3) Paid distribution outside the mails including sales through dealers and carriers, street vendors, counter sales and other paid distribution outside USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (4) Paid distribution by other mail classes through the USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. c. Total paid distribution. Average no. copies each issue during preceding 12 months: 7,007. No. copies of single issue published nearest to filing date: 6,769. d. Free or nominal-rate distribution. (1) Outside-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (2) In-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (3) Not applicable. (4) Free or nominal-rate distribution outside the mail. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. e. Total free or nominal-rate distribution. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. f. Total distribution. Average no. copies each issue during preceding 12 months: 7,007. No. copies of single issue published nearest to filing date: 6,769. g. Copies not distributed. Average no. copies each issue during preceding 12 months: 158. No. copies of single issue published nearest to filing date: 150. h. Total. Average no. copies each issue during preceding 12 months: 7,165. No. copies of single issue published nearest to filing date: 7,919. i. Percent paid. Average no. copies each issue during preceding 12 months: 100%. No. copies of single issue published nearest to filing date: 100%. 16. Electronic copy circulation: Not applicable. a. Paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. b. Total paid print copies + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. c. Total print distribution + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. d. Percent paid. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. 17. Publication of Statement of Ownership for a general publication is required and will be printed in the 01/09/2018 issue of this publication. I certify that all information furnished is true and complete. Ellen Miller-Sharp, Executive Director & CEO, San Diego County Bar Association

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

Fish & Richardson’s Principal Juanita Brooks was honored with the National Women in Law Lifetime Achievement Award from Corporate Counsel.

SDCBA President-Elect and Thomas Jefferson School of Law Professor, Lilys McCoy, was presented with the California Bar Association’s Charles M. Pfeiffer Award.

Criminal defense lawyer & former SDCBA Board Member Hon. Victor M. Torres was recently sworn in as a Commissioner of San Diego Superior Court.

Dinsmore & Shohl LLP attorney Aubrey Haddach was appointed co-chair of the ABA’s Biotechnology Law Committee.

Hon. Ruth B. Montenegro was appointed as a United States Magistrate Judge, Southern District, El Centro, California.

Jessica Pride was named Board President at The Center for Community Solutions.

Attorney Helen Cheng was named General Counsel of the International Community Foundation (ICF).

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.

ADVERTISERS INDEX ADR Services, Inc........................................ 30

Judicate West .............................................. 46

Pokorny Mediations ............................................ 6

AHERN Insurance ....................................... 4

LawPay ............................................................. 38

Rancho Guejito Vineyard ...................... 2

CaseyGerry..................................................... 3

Lawyer Referral &

Richard Duquette ...................................... 17

First Republic Bank......................................8

Information Service..........................................44

Rick Waite ....................................................... 22

Huver Mediation..........................................21

Law Office of Steven C. Vosseller ..... 12

San Diego County

JAMS .................................................................. 26

Monty McIntyre, Esq. ..........................................40

48 SAN DIEGO LAWYER September/October 2018

Bar Foundation .......................................................43 USClaims...........................................................52

PHOTO GALLERY

BENCH BAR MEDIA EVENT

L-R: James M. Chadwick, Lynn Walsh, Matthew Hall, Hon. Dwayne Moring, Kristin Rizzo

Photos by J.T. MacMillan Attorneys, judges and the media gathered to discuss the phenomenon of false information, the liabilities of creating or passing on such material and how to be media savvy in the face of deceptive news. Hon. Laura Alksne Onell Soto

Lynn Walsh Hon. Dwayne Moring

James M. Chadwick

Matthew Hall

L-R: Hon. Tilisha T. Martin, Hon. Robert Longstreth, Hon. Tamila E. Ipema, Hon. Cynthia D. Davis

L-R: Daniel Horlick, Hon. Robert Amador, Hon. Robert Longstreth September/October 2018 SAN DIEGO LAWYER 49

PHOTO GALLERY SIXTH ANNUAL BEER AND WINE UPDATE Through the perspectives of five leaders in the industry, attendees benefited from the insights of legal experts who provided updates concerning local and federal regulations, industry trends and common pitfalls.

L-R: Matthew Botting, Jeremy Evans, Carolyn Harris, Candace Moon, Albert Ubieta, Dave Kujawa Phillip E. Stephan

Want to see more?

Noelle Dorman, Jeremy Evans

Like our Facebook page! @sdcountybar #sdlaw

LAW + TECH: EXCEL ESSENTIALS FOR LEGAL PROFESSIONALS SDCBA Member Technology Officer Adriana Linares shared Excel tips during a #TechTuesday program.

Cheryl Edwards Tannenberg, Adriana Linares

CALIFORNIA LAWYERS ASSOCIATION RECEPTION Photos by Liz James The California Lawyers Association hosted a special Summer Reception exclusively for members of the San Diego legal community atop the rooftop deck of Hotel Republic on August 16.

L-R: Maresa N. Martin, Stacey L Fode, Johanna S. Schiavoni 50 SAN DIEGO LAWYER September/October 2018

Howard "Chip" Wilkins, Heather L. Rosing

L-R: David M. Majchrzak, Kristin Rizzo, Andy Cook

James Hill

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

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