®® ® NOV/DEC 2019
EDUCATION
ANNUAL LAW FIRM MANAGEMENT ISSUE
Diversity We All Play A Role.
PLUS: Representing Cannabis Operators Looking Back: San Diego’s First Woman Attorney How to Find Your Next Client
YOUR CLIENT’S BEEN OUT OF WORK FOR 3 CAR PAYMENTS. MONEY IS TIME
™
They need money. You need time. USClaims gives your clients the money they need to pay bills and supplement their income while they wait for a fair settlement.
Plaintiff/Surgery Funding (866) 748-5139
| usclaims.com/attorneys US19A09
A history of
commitment CaseyGerry is proud to be San Diego’s oldest and most established personal injury law firm. We value the enduring relationship we have had with our city for 72 years, and are committed to serving this community for many years to come.
www.caseygerry.com Dedicated to the pursuit of justice since 1947. SERIOUS PERSONAL INJURY, AUTOMOBILE, MARITIME, TRUCKING, AVIATION, PRODUCT LIABILITY, SEXUAL ABUSE, AND CONSUMER CLASS ACTIONS
Over 300 Years of Experience Working With Law Firms
Tamara Bartels 33 years
W. Brian Ahern 27 years
Founded in 1997, AHERN Stephen Lowe 33 years
Insurance Brokerage has become an industry leader in providing customized insurance solutions for law firms. Our professional and competent staff brings over 300 years of combined experience working solely with
Kelley Milks 28 years
Michael Davidson 32 years
law firms in brokering services,
Shawn Royle 24 years
underwriting, risk management, and claims. AHERN is part of Acrisure LLC, one of the top 10 insurance brokerages in the world and the
Sheila Denessen 18 years
Susan Kilano 22 years
fastest growing in industry history.
Tracy Podzimek 18 years
AHERN, along with Acrisure, insures over 8,000 law firms nationwide with firms ranging from 1 to 1,100 attorneys.
Experience does make a difference.
Kevin Ahern 16 years
Summer Gorsica 18 years
Gabriel Yu 14 years
(800) 282-9786 AHERNINSURANCE.com CA LIC #0K07568
Reid Middleton 11 years
ÂŽ
Randy Gust 10 years
AHERN is a Preferred Member Benefit Provider of the San Diego County Bar Association.
CONTENTS COLUMNS 8 11
12
Page
18
14
43
PRESIDENT'S COLUMN Asked to Dance by Lilys McCoy DEANS The July 2019 Bar Exam: What Can Be Done? by Stephen Ferruolo ETHICS Telling True Stories: How to Prepare Witnesses — Ethically by Edward McIntyre TECHNOLOGY In eDiscovery, Texts Are the New Email by Bill Kammer SAN DIEGO VOLUNTEER LAWYER PROGRAM SDVLP Celebrates Pro Bono Work
43
45 45
47 48
WHAT TO DO WHEN ... Opposing Counsel Doesn't Return Your Calls by Elizabeth Blust WHY I BELONG Get to Know SDCBA Member Tina Malek MEET YOUR BAR-ISTA Aldrin Ring Building Operations Coordinator DISTINCTIONS
PHOTO GALLERY
FEATURES 17
HOW TO FIND YOUR NEXT CLIENT by Taylor Darcy
35
REPRESENTING CANNABIS OPERATORS by Whitney Hodges
18
CIVILITY IN THE FACE OF DISCRIMINATION by Julie Wolff
39
LOOKING BACK: SAN DIEGO'S FIRST WOMAN ATTORNEY by George W. Brewster Jr.
41
MEET GAYLE BLATT Incoming President of the San Diego County Bar Foundation
Page
27
20
21
DIVERSITY FELLOWSHIP PROGRAM: THE IMPACT IS REAL by Bashini Weerasinghe 2019 DIVERSITY FELLOWSHIP PROGRAM Employers and fellows reflect on the summer
27
30
33
BENEFITS OF GENDERINCLUSIVE LANGUAGE IN THE COURTROOM by Kim Ahrens THE #METOO MOVEMENT AS AN OPPORTUNITY FOR EFFECTIVE MENTORSHIP by Hali Anderson and Whitney Hodges A BENCH OF THE PEOPLE by Renée Stackhouse
Page
33
SAN DIEGO LAWYER | November/December 2019
5
®® ®
Issue 6, November/December 2019 Co-Editors Edward McIntyre
Christine Pangan
Editorial Board Hali Anderson Elizabeth Blust George W. Brewster Jr. James D. Crosby Jeremy M. Evans Seth Garrett Devinder Hans Whitney Hodges
Wendy House Julie Houth Anne Kammer Hon. Duane Moring Michael Olinik Renée Stackhouse Tandis Taghavi Julie Wolff
SAN DIEGO COUNTY BAR ASSOCIATION Director of Marketing & Outreach Ron Marcus
Issue no. 6. San Diego Lawyer™ (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is 619-231-0781. The price of an annual subscription to members of the San Diego County Bar Association ($10) is included in their dues. Annual subscriptions to all others, $50. Single-copy price, $10. Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright © 2019 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. 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 ™ do not necessarily reflect an official position of the San Diego County Bar Association.
Graphic Designer Attiba Royster Publications and Content Coordinator Hailey Johnson Marketing Manager Sasha Feredoni
FOR ADVERTISING INFORMATION, CONTACT RON MARCUS AT (619) 321-4116 OR RMARCUS@SDCBA.ORG, OR VISIT WWW.SDCBA.ORG/ADVERTISING.
Follow the SDCBA and San Diego Lawyer! sandiegocountybar sandiegolawyermagazine
@sdlmagazine @sdcountybar
401 West A Street, Suite 1100, San Diego, CA 92101
Phone (619) 231-0781 bar@sdcba.org www.sdcba.org
PITCH, WRITE, CONNECT! JOIN THE SAN DIEGO LAWYER EDITORIAL BOARD LEARN MORE AT SDCBA.ORG/SDLMBOARD
President’s Column by Lilys McCoy
ASKED TO DANCE
T
hose of you who are
empathy and compassion for
connected to me on
‘the other.’ . . . The artist does
Facebook know that I
this not en masse, but one-on-
like to post the quips my sons
one, individual by individual.
utter at random moments. Years
She performs this alchemy
ago, when my younger son was
within the human heart, which
perhaps five or six, I posted this
she enters by the medium of
question from him: “Why did
the imagination. A documentary
God even invent evolve or die?”
about sable hunters in Siberia,
I had no response at the time,
or a film about a family in
but in thinking about this edition
Tehran dealing with Alzheimer’s,
of San Diego Lawyer, which is
transports the foreign viewer,
devoted to the topic of diversity,
like you and me, into a universe
I may have come upon a partial
whose existence we had never
answer. Refusing to evolve,
known and makes that world and
refusing to adapt to changing
those who inhabit it, immediate,
and increasingly diverse
vivid and human. No longer can
environments, means that we
we say or think, ‘these people
lose out. We may not actually
are not like me.’ We see that they
die physically, but we die in
are. The gulf of separation has
other ways. We become poorer
been bridged, at least for the
for our loss of connection with
moment, by one tiny increment;
what may at first seem to be
what has replaced it is the power
different or “other,” and slowly
of empathy, of compassion, of
but surely lose our relevancy to
identification with ‘the other.’”
those willing to keep pace with the world’s inevitable evolution.
Contrary to the broad-brush stereotype of lawyers as
8
The writer Steven Pressfield
combative and uncaring, we as
described how artists help
lawyers do our best work when
humanity evolve with respect to
we connect with our clients
its acceptance of “the other,” and
one-on-one, individual by
I find his description applicable
individual, unleashing the power
to lawyers. He writes, “All art . . .
of empathy, compassion and
is about the recognition of
identification with “the other.”
beauty and the articulation of
By accepting clients, witnesses,
SAN DIEGO LAWYER | November/December 2019
jurors, and members of the public for who they are, where they are, and at a time when they need it most, we are decreasing the sense of otherness in the world and modeling the cumulative power of robust and all-embracing diversity. Of course, diversity is not enough. We must be inclusive,
“…we as lawyers do our best work when we connect with our clients one-on-one, individual by individual, unleashing the power of empathy, compassion, and identification with ‘the other.’”
as well. Our Ethnic Relations and Diversity Committee changed its name to the Committee for Diversity and Inclusion during the presidency of Judge Loren Freestone. The renaming was done thoughtfully and with intention, because it is not enough to say you are diverse; you must also actively include others who possess different experiences, viewpoints, backgrounds and approaches. I recently heard someone say, “diversity is being invited to the party; inclusion is being asked to dance.” It can be uncomfortable to ask someone to dance, especially if we don’t know them or if they are different from us, but only good comes from turning to one another, hands and faces open, a willingness to look past differences and embrace the other. I am reminded of my sons’ time in Cotillion. The parents are invited to sit at one end of the ballroom and watch their awkward middle schoolers as they begin their journey of social maturation. I recall the nervous and tenuous approach, eyes cast downward, stoic expressions. Will the person who is “other” accept me? Will we be
able to work these new steps
But, more important, breaking
together? Once the invitation is
bread together helps us all join
extended, the answer is almost
in deeper understanding of one
always “yes,” and the dance
another — to remove the sense
begins. It may be a bit awkward
of “otherness.” And through
at first, the conversation a
spending time with each other
bit stilted, but eventually the
and celebrating each other’s
partners fall into a rhythm and
cultures, we learn not only what
before they know it the music
matters to each other — the
has ended and they are both a
specific and unique needs of
little bit better and a little bit
each community — but also
braver for having engaged with
that we share many common
the “other” person. That is what
priorities.
happens each and every time we shake this devotion to sameness
Learning this lesson — that “the
and get to know people from
other” is anything but — is the
different backgrounds — people
true payoff of embracing and
who seem “other” to us.
prioritizing diversity. It makes you a better person and if
The importance of striking out
diversity is embraced by the
past one’s comfort zone is one of
individuals in the community,
the reasons I am so pleased that
the community becomes a
our Board of Directors embraced
better place to live. Diversity is
the challenge set by Immediate
not just a word, although it is in
Past President Kristin Rizzo at
danger of becoming a cliché.
the end of her term as president
It is a movement, a revolution,
in 2018. She encouraged the
a mandate in how we see the
Board to support our fellow
world and come to understand
bar associations by having a
how to build a safe and nurturing
strong presence at their annual
community — one where we
events. Many of the law related
are not intimidated or afraid of
organizations in San Diego
“otherness;” one where we have
county represent the diversity
evolved to be as strong as we are
within San Diego, and attendance
meant to be.
at these galas helps them thrive. SAN DIEGO LAWYER | November/December 2019
9
William (“Bill”) Wheatley—Mediator
Dedicated to helping individuals and businesses resolve conflict and move forward in their lives through effective and creative solution-based services.
Wheatley
Mediation Services Serving San Diego & Orange County
Areas of Mediation: • Personal Injury • Products Liability
• Public Entity Claims • Business & Commercial Disputes • Contractual Disputes • Corporate, Partner and Member Disputes • Employment Disputes
(619) 987-9575
|
www.wheatleymediation.com
|
email: bill@wheatleymediation.com
Deans by Stephen Ferruolo, University of San Diego School of Law
THE JULY 2019 BAR EXAM: WHAT CAN BE DONE?
A
s I write this column, both the California
Taking action such as adopting the UBE at this time
Supreme Court and the State Bar are
might also help to restore much-needed trust in
conducting ongoing investigations into how
the State Bar. In response to a survey I sent to USD
essay question topics were leaked days before the July
graduates who took the July 2019 exam, several said
2019 bar exam. While these independent investigations
that the disclosure made them question the integrity
are appropriate and welcomed, I expect that they will
or credibility of the State Bar and that something
show there was nothing nefarious about the leak. I
must be done to restore faith and confidence in the
believe we will find that the disclosure was, as the Bar
bar exam. For many, the issue was not just that the
admitted, a “human error” resulting from the mistake
untimely disclosure added to the stress of preparing
of sending an invitation to select deans to observe the
(“The release made me feel for the first time that
regular grading calibration session before, rather than
I might fail the bar,” wrote one student). They also
after, the administration of the exam. Therefore, the
have continuing concerns about how the incident
decisions made not to change the topics or postpone
might affect grading or compromise the results of
the exam were the best ones given the circumstances,
the exam, which has added to their stress in awaiting
as was the decision to release the list of topics in an
results. Some expressed concern that, because of
effort (as explained by the Bar) “to provide a level
the disclosure of the topics, examiners might grade
playing field to all.” Based on the available information,
the essay questions harder. Others worried that future
the Bar appears to have done its best to manage the
employers might degrade the value of passing the July
crisis, and the Bar’s leaders deserve praise for
2019 exam. Several worried that the increased number
having done so.
of no-shows who took advantage of the Bar’s offer of a full refund will skew the results against those who took
That being said, the crisis could have been avoided if
the exam.
the Bar recognized that administering the bar exam in its current form and content, especially with the increasing
In its FAQs, the Bar wrote that it “will closely monitor
accommodations for test-takers, has become too
any changes in the written scores to scrutinize any
cumbersome for any state, even California. It is time for
deviation from the norm . . . so that we preserve the
California to consider adopting the Uniform Bar Exam
integrity of the bar exam and ensure fairness for
(UBE), which has now been adopted by 36 jurisdictions,
test-takers.” Given the distress and disruption of the
including other large populous states like New York,
disclosure, this assurance is not likely to be enough,
Illinois and Texas. The adoption of the UBE would ease
particularly because of California’s exceptionally
the administrative burden of writing and grading the
high pass score and low passage rate. The very real
bar exam, enabling the Bar to better meet its core
concerns about the fairness and integrity of the July
responsibilities of licensing and disciplining attorneys.
2019 bar exam demand corrective measures, not just to
It would also ease the burden on prospective California
make sure such a debacle never occurs again, but also
attorneys, giving them a portable score that could be
to restore trust in the State Bar.
used to apply for admission in other UBE jurisdictions, while enabling California (if it so chooses) to maintain a higher cut score for admission here. SAN DIEGO LAWYER | November/December 2019
11
Ethics by Edward McIntyre
TELLING TRUE STORIES: HOW TO PREPARE WITNESSES — ETHICALLY
D
uncan interrupted, “Uncle,
“Your last question is the easiest.
can my mentee, Tim, ask a
Of course you do. Common sense,
few questions?”
competence, respect for the court
“Tactically, yes. It also underscores
and the judicial process all demand
our obligation not to counsel or
Macbeth waived them to his
it. You touched the right issue —
assist a witness to testify falsely.
conference table. “He can and he
what may you say to prepare them
Our duty of candor to the tribunal.
may. Welcome. Let’s have
to testify.”
But keeping your witness focused
Sarah join us.”
“Nice.”
on what you know is important, “I don’t want to cross the line, but I
without suggesting how he should
With everyone seated, Macbeth
still want to do what’s best for my
testify. It’s a fine line.”
turned to their guest,
client.”
“Tim, ask away.”
“Any advice?” Tim asked. “Perfect. Let’s consider the non-
“I’ve got my first trial —”
client witness first.”
“First, don’t answer his questions. Instead say, for example, ‘What’s
Sarah smiled, “Congratulations.”
“Great,” Tim said, as he flipped open
important is you tell the truth. That’s
his computer.
all we need. All I want —’’’
“We have a simple ‘Instruction
“OK.”
“Thanks. Anyhow, I’ve got questions about preparing witnesses.”
for Witnesses’ we’ve prepared,” Macbeth nodded, “Please, just ask.”
Macbeth explained. “You’re
“Then work through your outline,
welcome to use it. The first item,
but don’t show him. Use the
“So, the first involves my client. She
in bold, capital letters: ‘Remember
questions you’ll ask to elicit facts
keeps asking: ‘What do I have to
Your First and Only Duty Is to Tell
that build your case. If he strays —
say? What do we need to prove?’”
the Truth.’”
spins off on a tangent — use
“Any other witnesses?”
“Wow.”
questions to pull him back. Don’t tell him the answer you’re looking for. It’s tough to make your questions “Not a client, but he has an
“Opposing lawyers would ask:
sound neutral when you know what
important role. Nice guy, but none
‘Did Macbeth show you anything?’
you want, but patience pays.”
too smart. He’s asking: ‘What’s
Our witness would pull out the
important? What do you want?’”
instructions. With the ‘tell the truth’
Duncan interrupted, “If he is asked
Tim paused, then asked, “How do I
admonition prominent. Juries took
on cross, ‘Did you tell him anything?,’
answer? I’ve got to get them ready
notice. Once word got out, lawyers
the answer will be, ‘“He told me to
for trial, don’t I?”
stopped asking.”
tell the truth. Then he just asked me some questions.’”
12
SAN DIEGO LAWYER | November/December 2019
Sarah added, “Hearing the same questions you used to prepare him should make him more comfortable.” Macbeth picked up the conversation, “Now let’s talk about your client.” “Great,” Tim resumed typing. “First, I recommend the ‘tell the truth’ admonition. Repeat it, even though your opponent can’t ask her what you discussed and she can’t volunteer it without opening the door.” “Got it.” “The next part’s more difficult.” “How so?” “Your client has a right to know what you have to prove to meet her burden. It’s her case. She can ask where each bit of evidence will come from. In fact, as part of our duty not to continue an action without probable cause, we all should ask those questions while we do discovery and prepare our cases.” “I have been.” “Fine. Your client has a right to know what you know.” “I’ve kept her pretty well-informed all along.” “Wonderful. It is still delicate because you’ll identify evidence the
Cartoon by George W. Brewster Jr.
keep her focused on what she can
“Thanks, Macbeth. Everyone. It’s
candidly provide.”
been very helpful.”
“OK. But —”
All three chimed in, “Good luck with your trial. Break a leg!”
“It’s only natural for a client to want to help her case. Our role is to make sure her story is true and that she doesn’t unintentionally hurt herself.”
Editorial Note: Macbeth’s advice referred to Rules of Professional
“What if she wants to testify about
Conduct, Rules 1.1 (competence); 1.4
something I know is false? I don’t
(communication); 3.3 (a)(3) (candor
think it’ll happen, but —”
to a tribunal); 3.4 (c) (fairness to opposing party and counsel) and
“First, try to talk her out of it. One,
Business and Professions Code
it’s wrong. Two, she’ll likely get
section 6068, subdivision (d)
caught on cross-examination, killing
(mislead a judge).
her credibility on everything she’s said. Finally, tell her you may refuse to offer evidence, even from your client, if you reasonably believe it is false.” Sarah added, “The exception is a
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer and co-editor of San Diego Lawyer.
defendant in a criminal matter. She doesn’t fit.”
case needs, but you have to
SAN DIEGO LAWYER | November/December 2019
13
Technology by Bill Kammer
IN eDISCOVERY, TEXTS ARE THE NEW EMAIL
F
or maybe 10 years, the majority
that 80% of people use texts for
of the most discoverable
business so that ESI may only reside
electronically stored information
on personal devices.
(ESI) has been email and its attachments.
“… technology may be changing faster than attorneys can adjust ...”
(Though you may remember past
The relevant texts on those mobile
suggestions to skip email discovery.)
devices must be preserved to execute
Attorneys have come to grips with
an effective legal hold. That can’t be
methodologies for email preservation,
done at the enterprise level and must be
collection, review and production.
executed by every custodian of a device.
Unfortunately, technology may be
Those persons will not be enthused if
changing faster than attorneys can
asked to surrender their phones, even if
adjust their methodologies to properly
only for a period of days. Collection from
execute their eDiscovery evolutions.
the device generally requires physical proximity unlike remote collection from
Some commentators suspect that the
desktop and laptop computers. There
majority of information in personal and
are developing alternatives such as
business collections will now be found in
expensive cloning of the phone or using
text messages, which reside on phones
a cloud-based backup copy from Google
and occasionally on tablets. Although
or the iCloud.
the carriers provide the pipelines for texts, they have little incentive to
Past collections from desktops and
preserve the content of those messages
servers slowly became routine. Most of
or to get involved in eDiscovery
those devices used the same operating
evolutions. They may preserve some
systems and software, and the file
primary metadata for a limited amount
types were fairly limited. However,
of time, but that’s about it. Consequently,
mobile devices come from numerous
the preservation and collection of
manufacturers, run software of various
relevant texts usually occur at the
generations and store files in different
device level.
configurations. This requires forensic vendors with multiple tools and relevant
To collect and process that
qualifications. Harvesting ESI from the
information, attorneys face new
devices requires tools that most lawyers
challenges and increasing costs. For
don’t possess, so that forces recourse
starters, take the responsibility to
to vendors who seem to face little price
preserve. A recent survey found that
competition. Charges are usually per
31% of companies do not provide
device, and the vendors need physical
mobile devices to their employees,
proximity and possession for several days.
while 52% employ a hybrid approach,
14
outfitting only limited staff but relying
There are basically three methods
on personal devices for all others
to extract the data from a mobile
(a BYOD policy). A 2015 study found
phone: physical, file system and logical
SAN DIEGO LAWYER | November/December 2019
acquisition in order of quality. The
have we gained some incorporated
There is no reason or excuse
best one — physical — requires the
technology that can transfer
to skip the ESI found on mobile
most time, often much longer than
mobile device data into those
devices: clearly text messages are
copying a hard drive with far more
traditional platforms.
electronically stored information
storage. Physical and file system
within the meaning of any rule. Plus,
only produce a big block of binary
Finally, production produces similar
courts have generally enforced the
data that must be broken down into
challenges. Provision of the collected
common eDiscovery obligations in
the files and information of interest.
text messages in “native” format or as
cases involving mobile phones.
a single document simply transfers After all these challenges are
these challenges to the requesting
These issues are not
met, the output of the collection
party. Printing them out or producing
insurmountable problems, but
presents the next issue. Even after
the data as petrified files is a return to
simply new challenges we must
a successful collection, the ESI
the Stone Age.
cope with. The key will be our ability
must be reviewed. Unfortunately,
to stay alert to these developments
the output is usually in a single
Attorneys will sort over time
and still competently discharge our
PDF or spreadsheet. The reviewer
because the shift from emails to
responsibilities to our clients
can examine their contents on a
texts is accelerating, particularly
and the courts.
desktop or generate a readable
among younger users. Some
printout. Attorneys have relied on
analysts believe that 95% of
familiar review platform tools such
users communicate by text, and
as Relativity, Concordance and
mobile device case law is rapidly
Summation for years. Only recently
developing as a consequence.
Bill Kammer (wkammer@swsslaw.com) is a Partner with Solomon Ward Seidenwurm & Smith, LLP.
Vossler
“When the stakes are high in ‘Bet-the-Company’ litigation, our track record of success stands on its own.” – Ethan Boyer
Award-winning representation by some of San Diego’s most experienced trial attorneys is the cornerstone of NoonanLance. Working with clients throughout San Diego County and beyond, the firm strives to serve its clients with efficiency and a focused eye on results. To learn more, visit noonanlance.com or call 619-780-0880.
welcomes
DAVE CAROTHERS Providing all the experience you need to resolve your next case
33 years of jury trial experience involving high-value cases Former Commissioner, Fair Employment and Housing Commission Recognized by Best Lawyers in America since 2013 Given Martindale-Hubbell’s highest possible rating in both Legal Ability and Ethical Standards Member of the American Board of Trial Advocates since 2004
To schedule a case, please contact Case Manager Kathy Purcell at 619-238-7282 or kpurcell@westcoastresolution.com.
HOW TO FIND YOUR NEXT CLIENT By Taylor Darcy
G
one are the days of putting
Lunch or coffee is a great way
broke spending a lot of money if you
your name in the yellow
to get out of the office and build
do not know what you are doing.
pages under "Attorney" or
relationships. Refer all cases or
putting up a massive billboard in a
matters you do not handle to
Many attorneys fall into the trap of
prominent location and hoping for
attorneys who do handle them.
believing they should do one at a
the phone to ring. Finding clients
Be generous and liberal with your
time or all at a time. The secret is not
has become more competitive and
referrals. It builds trust and your
to do one or all but to do the right
challenging, yet paradoxically more
relationships.
combination that builds a relationship
accessible as society moves toward an on-demand, 24/7 economy.
with their potential client. People who When you refer an attorney, a case
know you are more likely to hire you.
creates a sense of obligation on the
The problem is that no method allows
On average, it takes interacting
other attorney’s part to reciprocate
people to know you. All methods are
with a client 25-28 times online
when a matter comes their way.
simply an introduction to you and
(e.g., website, Facebook, LinkedIn
They will remember you and send
your law firm. Just like you would not
and Twitter) before they feel
potential clients to you. Do NOT just
expect someone to marry you on the
comfortable hiring you and,
send them pro bono clients you
first date (hopefully), you should not
depending on the matter, even
are “too busy” to take. Dumping a
want your client to hire you on the first
contacting you. Shocking! You do
potential pro bono client on a fellow
phone call. Representing someone
not earn someone’s business when
attorney destroys the relationship
is intimate. Many potential clients are
you only give them a few moments
and will likely cause them to stop
hiring an attorney for the first time.
of your time. Today’s ever-changing
sending referrals to you. It also hurts
They are scared or confused about
economic landscape requires that
your relationship with the potential
what they are facing. As an attorney,
attorneys adapt to the new. There
client; they can see through the
you are privy to the most essential
are two primary ways to find your
façade and know that you are
and personal details of a person’s life.
next client.
dumping them on someone else.
Build a relationship through these
Finally, treat opposing counsel with
marketing methods and other social
First, referrals are a tried-and-true
professionalism and respect. You
media. Then when the relationship
way to get clients. Even with the gig
never know when they will need to
has been made and they need your
economy, referrals are king for myriad
refer a potential client and you are
services, ask for their business. Take
reasons. They are low or no cost and
the right attorney for the matter.
the time to get to know potential
they have a high close rate. It’s easier
clients and their needs, and you will
for someone to hire you because they
Second is marketing. Marketing has
have them flocking to you.
trust the referring party and, by proxy,
changed significantly since the days
trust you. Unfortunately, referrals are
of the phone book and billboard era.
lower volume. You cannot depend
Now it is Google PPC (pay-per-click),
on referrals occurring as regularly as
Facebook Ads, Bing Ads, search
you can other marketing methods.
engine optimization (SEO) and email.
Taylor Darcy
Still, take the time to build referral
Each fulfills a different purpose and
(tdarcy@darcy-law.com)
relationships with attorneys in
when combined, can get attorneys
is founder and owner of
complementary practice areas.
their next client. You can also go
Darcy Law.
SAN DIEGO LAWYER | November/December 2019
17
CIVILITY IN THE FACE OF DISCRIMINATION By Julie Wolff
C
ivility is required in every aspect of the legal
It is easy to imagine challenges attorneys endure
profession, from law school to practice.
when faced by blatant confrontational discrimination
However, in the face of inequality and blatant
based upon sex, gender, sexual orientation or country
cultural intolerance, attorneys face challenges to honor
of origin. A few scenarios include a female attorney
the California Guidelines of Civility and Professionalism,
who is told by a client to “go back to Mexico” by her
while still maintaining basic self-respect and pride.
client; a male attorney is told by opposing counsel that opposing counsel hopes “he and his (male) partner are
The State Bar of California’s Introduction to California
never able to adopt a child” because of their same-sex
Attorney Guidelines of Civility and Professionalism
partnership; or the female attorney who is sexually
(Abbreviated, Adopted July 20, 2007), begins:
harassed by a judge in the judge’s chambers.
As officers of the court with responsibilities to
In these instances, following the California Attorney
the administration of justice, attorneys have an
Guidelines of Civility and Professionalism poses unique
obligation to be professional with clients, other
challenges for attorneys and may have unintended
parties and counsel, the courts, and the public.
consequences to the fair administration of justice and
This obligation includes civility, professional
conflict resolution.
integrity, personal dignity, candor, diligence, respect, courtesy, and cooperation, all of which
The current guidelines give wrongdoer attorneys and
are essential to the fair administration of justice
clients a significant advantage because attorneys
and conflict resolution.
who are discriminated against have their hands tied by limited options proscribed by the California Bar.
There is, however, no provision for publicly standing
Firstly, the guidelines fail to fairly address what to
up for oneself when confronted with sexism, ageism,
do if your client is pounding his attorney with uncivil
racism or any other type of discrimination. While an
discriminatory behavior. California Rules of Professional
attorney may not be discouraged to report those
Conduct Rule 1.116 (a) (3) (4), allows an attorney to
who fail to comply with the Rules of Professional
withdraw from representation (with limitations) if
Conduct, there is certainly no encouragement to do
“the lawyer’s mental or physical condition renders it
so. Encouragement to report may lead to a more civil
unreasonably difficult to carry out the representation
legal profession with attorneys who are encouraged to
effectively; or the client discharges the lawyer.”
advocate for themselves when discriminated against.
Attorneys should be able to exit toxic situations to preserve their own mental health.
18
SAN DIEGO LAWYER | November/December 2019
An attorney can ask the client to sign a substitution of
The consequences of those feelings are that the most
attorney so the attorney can exit the case, but the client
diverse and vulnerable members of our profession
is under no obligation to comply or may blackmail
leave the full-time practice of law. With a lack of
the attorney by stating the client will only sign the
diversity in the practice of law, a fair administration of
Substitution of Attorney Form if the attorney does not
justice and conflict resolution is impossible.
charge the client for past services rendered. This puts the attorney in an unfair position.
As a profession, adherence to fairness in the administration of justice means acknowledging
Another option is for the attorney to use the ubiquitous
the challenges attorneys face when confronted by
“breakdown of communication” and expend further
discrimination and providing attorneys a source of
time and energy to request the court allow her to
emotional support and economic stability to best cope
withdraw, without divulging the extent of the abusive
in this time of inequality.
and threatening discriminatory behavior of the client.
1
These “remedies” certainly do not favor the mental health, emotional stability or sometimes even the
Julie Wolff
physical safety of the attorney, despite California
(julie@jwolfflaw.com)
Professional Conduct Rule 6.1.
is owner of the Law & Mediation Office of Julie O. Wolff.
Encouraging victims to “respect” and give “courtesy” to their harassers has a consequence (intended or un-intended) for those victims to feel personally demoralized and dejected, and dispirited by the legal profession.
1. California Rules of Professional Conduct Rule 1.6
DIVERSITY FELLOWSHIP PROGRAM: THE IMPACT IS REAL
I
By Bhashini Weerasinghe n 2009, the San Diego County Bar Association and
resumes and letters of recommendation. From
the Association of Corporate Counsel launched
there, students are chosen for panel interviews.
the Diversity Fellowship Program to address
the fact that the legal profession is not as diverse as
This year, we had 18 fellows work with 17 employers
the community it serves. According to the American
from firms, corporate departments and public sector
Bar Association, “Despite the increased emphasis on
offices. For the students, this was an opportunity to
diversity and inclusion within the legal field over the
learn from experienced attorneys, build a network,
past decade or so, the legal profession remains one of
find mentors and discover their passion for the
the least diverse of any profession.”
practice of law.
The goal of the Diversity Fellowship Program is to
If you’d like to see more progress in diversity and
introduce talented, qualified and diverse law students,
inclusion, there are steps you can take to help move
early in their legal career, to prominent law employers
the numbers. You can participate in programs such as
in order to build the pipeline, level the playing field and
the Diversity Fellowship Program, volunteer to assist
better serve our clients by reflecting the diversity we
with applications, speak to your employer about
see in our community and clients.
participating next summer, join hiring committees in your place of employment, commit to diversity
The program takes an unconventional approach
initiatives, support local minority bar organizations
to hiring by looking at candidates holistically. A
and get involved with SDCBA’s Committee on
small committee of volunteer attorneys are blind
Diversity and Inclusion.
to which law school the applicants attend as well as their grades. The committee reviews student
Learn more about the program and how to participate
applications, personal statements, research
in 2020 at www.sdcba.org/dfp.
memos based on a question the program provides,
Bhashini Weerasinghe (bw@bhashinilaw.com) is the owner of Law Office of Bhashini Weerasinghe and director of SDCBA-ACC Diversity Fellowship Program. 20
SAN DIEGO LAWYER | November/December 2019
2019 DIVERSITY FELLOWSHIP PROGRAM DIVERSITY FELLOWSHIP PROGRAM
We asked our 2019 fellows and employers about their summer. They reflected on the program and the importance of inclusion efforts in our profession.
ANDREWS LAGASSE BRANCH + BELL LLP Jonathan Andrews — Partner
Salma Zinabidine — USD
I genuinely appreciated the daily
Diversity and inclusion are important
enthusiasm and curiousness of our
to me because I believe that we can
DFP fellow. She was open to handling
all benefit when people with different
any assignment and she really wanted
backgrounds collaborate. Moving
to understand the practical application
forward in my career, I hope to
of her research.
provide that same value to others.
DFP
BECTON, DICKINSON AND COMPANY Sarah Mason — Associate General Counsel
Megan Divine — USD
Our DFP fellow prepared a
As a diverse young woman, I have
DIVERSITY FELLOWSHIP PROGRAM comprehensive presentation to our
observed the lack of minority
entire local law group on consent
representation in the legal profession.
in digital contracting and was able
I believe interaction among
to deftly tie the law to practical
undergraduate institutions, law schools
application to our product offerings.
and law firms is essential to promoting
Not bad for a first-year law student!
a diverse workplace.
COZEN O’CONNER Kris Cherevas — Associate
Leyla Moustapha — California Western
On day one our DFP fellow was eager
Cozen O’Connor immediately
to learn and jump into the legal work.
welcomed me as a member of the
She wanted to integrate and get over
Cozen family. They made me feel like I
the learning curve as soon as possible
have been working with them for many
in order to perform excellent work,
years, and they valued the work I did.
which she in fact did. Our DFP fellow exceeded expectations on work product and character. SAN DIEGO LAWYER | November/December 2019
21
DUANE MORRIS LLP Patricia Hollenbeck — Partner
Jasmine Young — California Western
Increasing diversity in our profession
Representation matters because
is of utmost importance. We have an
each one of us has attributes and
obligation to reflect our community
experiences that make our diversity
and represent our clients to the best
complex, yet powerful. It is important
of our ability. A diversity initiative or
for this complexity to be revealed and
program is a key component of
appreciated in every aspect of our
that objective.
society, especially the legal field.
FERRIS & BRITTON, APC Justin Paik — Attorney
Jessica Park — USD
Our DFP fellow reminded me of how
I am very grateful for my fellowship
important it is to be passionate about
at Ferris & Britton. I felt included and
one’s goal and dream. I could see our
appreciated as a member of the
fellow’s passion for the practice of law
team and recognized for my
motivated her to work hard. It was a
developing style as a future
great pleasure to be part of our fellow’s
member of the legal profession.
steps toward fulfilling her dream.
HIGGS FLETCHER & MACK LLP Edwin Boniske — Attorney
Elizabeth Mireles — California Western
Participating in the DFP helps remind
Programs like DFP advocate for the
us of where we all started as attorneys
prosperity of marginalized law students
(young, inexperienced and eager to
of color by providing students with an
learn) and keeps us connected with
opportunity to develop legal research
the law school community. It is a great
and writing skills, while also fostering
opportunity to reflect on what we
professional contacts.
wish we would have known earlier in our careers, and provide insight and guidance accordingly.
KLINEDINST PC Heather Rosing — Shareholder
Marco Garcia — California Western
A strong culture of diversity, equity and
Working alongside experienced
inclusion is critical for any business today.
attorneys helped me create an image
Not only do the clients demand it, but it
of the attorney I want to become. It was
contributes to a healthy workplace that
a pleasure to work with individuals who
provides the highest quality of services.
work hard every day to perfect their
Having a variety of backgrounds,
skills and who also contribute so much
opinions and perspectives ultimately
to our community.
makes any business more successful.
PAUL, PLEVIN, SULLIVAN & CONNAUGHTON, LLP Heather Davis — Associate
Rachel Geagea — USD
PPSC strives to remain true to its pledge
I hope to foster diversity and inclusion in
to promote positive change from the top
my future career by being a mentor for
down by participating in the Diversity
those who were once in my shoes and
Fellowship Program, and year after year
for promoting opportunities for other
it has proven to be a truly rewarding
diverse lawyers to enter the workforce.
experience for our entire team.
Specifically, I will continue to support the Diversity Fellowship Program!
PEREZ VAUGHN & FEASBY INC John Vaughn — Attorney
Brandon John — USD
Over the years we have been a DFP
We are a long way from equality, and
employer, we have learned that adding
we will never get there unless more
insight from people with different
minorities are included in the legal
backgrounds improves not only our
field. Moving forward, I will foster
business culture and work product, but
diversity and inclusion by being a
our profession as a whole. The broader
voice for those who were not fortunate
the spectrum of ideas, backgrounds and
enough to get law degrees to be able
personalities, the better the discussion,
to advocate for themselves.
the critical thought and, ultimately, the work product delivered to our clients.
PROCOPIO, CORY, HARGREAVES & SAVITCH LLP John Alessio - Managing Partner
Christopher Moore - California Western
No matter how many years of legal
The DFP fellowship was important
experience we may have under our
to me because it presented me with
belts, it’s refreshing to experience the
an opportunity that I may never have
eagerness of these fellows and their
received without it. In retrospect,
commitment to practicing law. This
applying for the DFP fellowship was
helps keep the rest of us invigorated and
one of the most impactful decisions
mindful of why we chose this career.
that I made my 1L year.
RIMON, PC Juan Zuniga — Attorney
Chae Kim — California Western
Diversity is one of our core values. It
One important takeaway from my DFP
transcends our culture and allows
fellowship is that diversity in the legal
attorney to practice law with greater skill,
community will not just happen on
nuance, sensitivity and impact.
its own. It requires active advocacy. Although programs like the DFP and other organizations that encourage diversity have made much progress, there is still more work to be done.
SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE Jerrilyn Malana —
Lationa Simpson-James
Chief Deputy District Attorney
California Western
The creation of an inclusive workplace
Including minority groups into the legal
culture is the key to implementing
community can only bring good things.
a successful diversity and inclusion
New perspectives break groupthink
program. The commitment to diversity
and force people to check their own
and inclusion must start with the
biases no matter how uncomfortable
executive leadership team and must be
that may be. I plan to devote my career
embraced at all levels of an organization.
to opening the door for others.
SAN DIEGO COUNTY PUBLIC DEFENDER Kristin Scogin — Deputy Public Defender
Natalie Castro — USD
I believe one of the greatest benefits
Diversity and inclusion are important
is the variety of perspectives diversity
to me because as a Latina and first-
and inclusion bring. We serve
generation law student, I experience
clients who have many different
firsthand the challenges of being
characteristics and backgrounds, so
a racial and gender minority in the
to have lawyers able to relate to them
legal field. As an attorney, I hope
on a deeper level not only helps our
to continue to give back to my
team understand their perspective, but
community by providing guidance
provides a source of comfort and trust.
and encouragement to other Latinos interested in pursuing a legal career.
SEMPRA ENERGY Charlie Dispenzieri — Counsel —
Monika Siu — USD
Technology & Business Services
The more exposure we have to diverse
Our fellows assisted attorneys and
individuals, the more we can try to
internal clients in international law,
understand people unlike ourselves.
employment law, securities law,
This enables us to be able to
software licensing and litigation.
communicate effectively and be
Hearing the surprise in their voices
more empathetic.
when realizing how much opportunity a law degree presents was
Yasmeen Halim — USD
very refreshing.
Diversity is important to me because it helps create a more inclusive environment that welcomes various ideas and thoughts, and allows individuals to come together in the workplace.
24
SAN DIEGO LAWYER | November/December 2019
SHEPPARD MULLIN RICHTER & HAMPTON, LLP Daniel De La Cruz — Associate
Elmira Yousufi — USD
Elmira offered a viewpoint that inspired
Important takeaway is that the law is
in-depth conversations about several
vast and diverse. New fields of law
of our matters, and these conversations
continue to develop, so law students
may never have happened if she had
should keep an open mind when it
not been part of the team.
comes to opportunities that come our way. It may not be what you had in mind, but it can change your mind — and that is not a bad thing.
SONY ELECTRONICS INC. Megan McCarthy — Counsel
William Llamas — USD
The program continues to meet and
There are so many selfless people
exceed our expectations by providing
in our local community who want
great candidates, regular follow-up
to promote diversity in the legal
with students, consistent educational
profession and provide mentoring
opportunities for the fellows in
to young diverse law students.
addition to the day-to-day work, and
Seeing and experiencing this kind of
an overall framework of a program
generosity motivates you to do your
that was vested in seeing diverse
part for future generations and
students succeed.
pay it forward.
WILSON TURNER KOSMO LLP Carolina Bravo-Karimi — Partner
Jennifer Solano — California Western
While I hope Jenny learned a lot at
I had numerous conversations with
WTK, she also taught me a great
people at WTK who shared with me
deal. Jenny reminded me about
the adversity they faced and overcame,
the importance and power of true
or continue to struggle with even today.
mentorship. As attorneys, we lead busy
I am empowered by these honest
lives, but it is critical that we
and vulnerable human connections
take time to mentor and assist
because they proved to me that my
attorneys-in-training.
journey to success might be different, but not impossible.
THANK YOU TO OUR 2019 DFP EMPLOYERS
Andrews Lagasse Branch & Bell LLP Becton, Dickinson and Company Cozen O'Connor Duane Morris Ferris & Britton, A Professional Corporation Higgs Fletcher & Mack, LLP Klinedinst PC Paul, Plevin, Sullivan & Connaughton, LLP Perez, Vaughn, & Feasby
Procopio, Cory, Hargreaves & Savitch LLP San Diego District Attorney’s Office San Diego Public Defender’s Office Rimon Law Group Sempra Energy Sheppard and Mullin Sony Electronics Inc. Wilson Turner Kosmo
L AW Y E RS H E L P I N G OT H E RS
JAMIE BECK FREE TO THRIVE
Inspired by a human trafficking survivor who later became a pro bono client, Jamie Beck decided to help other survivors. She learned that human trafficking survivors desperately need civil lawyers. Her law firm at the time, Procopio, graciously allowed Jamie to work with human trafficking survivors pro bono. Human trafficking involves the use of force, fraud, or coercion to obtain labor or commercial sex and the commercial sexual exploitation of minors. “I went to law school because I wanted to help people. But, I did not find this work, it found me.” In 2017, Jamie committed to helping survivors full-time. She founded Free to Thrive, a nonprofit that provides legal services for human trafficking survivors. Today, Free to Thrive’s nine-member staff serves over 150 clients and 17 clinic locations throughout the county. Free to Thrive’s four staff attorneys and pro bono attorneys help survivors change their legal names, regain child custody, divorce abusive spouses, vacate criminal records, and much more. To become a pro bono attorney, learn more, or donate, visit www.freetothrive.org Jamie Beck 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
BENEFITS OF GENDERINCLUSIVE LANGUAGE IN THE COURTROOM By Kim Ahrens
A
fter climbing the courthouse steps, litigants,
people communicate their gender identity to the
jurors and the public look to the behavior
outside world. Examples of gender expression include
of judges and attorneys to understand
the pronouns one prefers, clothing, appearance and
courtroom decorum. The use of inclusive language in
demeanor. Someone who expresses their gender by a
the courtroom conveys the message that all people,
stereotypically female appearance does not necessarily
regardless of orientation, gender identity or gender
identify as female and may not use she/her/hers
expression, will be treated with dignity and respect.
pronouns.
Beyond that, incorporating gender inclusive language
How to Use Gender-Inclusive Language in the Courtroom
into the courtroom shows compliance with the recent changes to the ethical and professional rules that govern the conduct of attorneys and judges. In October 2018, the Supreme Court revised the Judicial Code of Ethics to include gender identity and gender expression 1
as protected characteristics that cannot be used to harass, discriminate against or harbor bias against any person. The very next month the California State Bar released its amended ethical rules for attorneys with a similar revision.2
1. Attorneys can volunteer their preferred pronoun during appearances. 2. Courts can list the preferred pronouns of judges on signage in courthouses and courtrooms. 3. Judges and attorneys can state their preferred pronouns during jury introductions. 4. Use the name of the person or gender-neutral words such as, “folks,” “guests,” “jurors” and “counsel.”
What is gender-inclusive language?
5. Eliminate the use of terms and phrases that are
Gender-inclusive language is language that does not
gender-specific such as “ladies and gentlemen of the
conflate the concepts of gender identity and gender
jury,” “sir” and “ma’am.”
expression or adopt gender-specific stereotypes. The starting point is realizing gender identity and gender expression are two separate concepts. “Gender identity” refers to a person’s internal sense of being male, female, a combination, or neither male nor female. On the other hand, “gender expression” is the way
6. Realize a person’s preferred pronouns may change. Gender-inclusive language enhances public trust, combats unconscious prejudice that can harm transgender and nonbinary people, and highlights
SAN DIEGO LAWYER | November/December 2019
27
THANK YOU TO OUR PATRON & FRIEND MEMBERS The SDCBA gratefully acknowledges the generous commitment provided by members who support our community at the Patron and Friend membership levels. You can become a Patron or Friend member when you activate or renew your membership online. For more information, please contact our Member Services Department at (619) 231-0781 x3505.
PATRON MEMBERS Marc D. Adelman
Nicholas J. Fox
Raymond J. Navarro
Doc Anthony Anderson III
James P. Frantz
Anthony J. Passante Jr.
Judy S. Bae
Matthew David Freeman
Teodora D. Purcell
Victor E. Bianchini
Douglas A. Glass
Kristin Rizzo
Jedd E. Bogage
Richard A. Golden
Ana M. Sambold
James A. Bush
Alvin M. Gomez
Thomas P. Sayer Jr.
Jose S. Castillo
Anthony Hawkins
Johanna S. Schiavoni
Andy Cook
Van E. Haynie
Richard “Rick” S. Sterger
Steven T. Coopersmith
Matthew C. Hervey
Ezekiel E. Cortez
Stephen M. Hogan
Todd F. Stevens Genevieve A. Suzuki
Thomas M. Diachenko
Richard A. Huver
John A. Don
Garrison “Bud” Klueck
William O. Dougherty
Don S. Kovacic
Alexander Isaac Dychter
Laura H. Miller
Sergio Feria
Gerald S. Mulder
Kimberly Swierenga Amanda l. Thompson Thomas J. Warwick Jr. Andrew H. Wilensky
FRIEND MEMBERS Laura Ashborn
Anthony Gizzarelli
Christine Murphy
Steven Barnes
Ronald Greenwald
Anne Perry
Linda Cianciolo
Mark Kaufman
Kristi Pfister
David Dugan
Randall E. Kay
Stella Shvil
Thomas Fitting
Marguerite Lorenz
Clay Spiegel
Susan Fox
Mary Beth Martin
the commitment of officers of the court to prohibit
the chosen name, you could unintentionally ‘out’ a
discrimination. The courtroom can be a fast-paced
transgender person to others in the courtroom. This
environment where judges, attorneys and jurors are
could subject them to harassment, discrimination and
expected to make important decisions with limited
even physical assault from others that overhear this.”
information. Because implicit biases are shortcuts to make quick decisions, it is our responsibility to institute ways to overcome those assumptions. Substituting gender-inclusive language avoids misgendering people in the courtroom. “While most people do not intend to misgender, they also don’t think about the ramification of it,” noted Kathie Moehlig, Executive Director of TransFamily Support Services. “By misgendering or using a legal name rather than
Kim Ahrens (Pronouns: she/her/hers) (ka@ahrenslawoffice.com) is a director of Lawyers Club of San Diego and owner of Ahrens Law, APC where she represents victims of harassment, discrimination and wrongful termination. 1. https://newsroom.courts.ca.gov/news/supreme-court-amendscode-of-judicial-ethics 2. http://www.calbar.ca.gov/About-Us/News-Events/NewsReleases/new-rules-of-professional-conduct-effectivenovember-1
Dictionary Update: THEY As of September 2019, Merriam-Webster expanded they to include: "used to refer to a single person whose gender identity is nonbinary." If you are uncertain of an individual’s preferred pronouns, it is now grammatically correct to employ they.
OUR EXPERIENCED NEUTRALS
Our Resolve. Your Resolution. West Coast Resolution Group, a division of the National Conflict Resolution Center, has one purpose: to provide exceptional and affordable mediation services to the legal community.
HON. DONALD F. ARMENTO, RET. DOUGLAS BARKER SHAUN BOSS JUDY COPELAND JOHN EDWARDS RICHARD A. HELLER RALPH HUGHES CHRIS HULBURT RICHARD HUVER TIMOTHY RILEY KRISTIN RIZZO GINA STEIN To schedule a case with one of our neutrals, please contact Case Manager Kathy Purcell at 619-238-7282 or visit us online at:
westcoastresolution.com
THE #METOO MOVEMENT AS AN OPPORTUNITY FOR EFFECTIVE MENTORSHIP By Hali Anderson and Whitney Hodges
W
ord around town is the
activities with women colleagues
going too far, the #MeToo movement
#MeToo movement
(counterparts and subordinates)
has really been harmful to women
has had chilling
such as mentoring, socializing
because now men are scared to
effects on mentor and sponsorship
or participating in one-on-one
mentor them,” the CEO lamented.
opportunities for female attorneys.
meetings. This is up from the 46% reported in 2018. Additionally, the
Both of these responses — excluding
Unfortunately, a recent study
survey reported senior level male
women from the mentorship
released by LeanIn.org (the women’s
managers are 12 times more likely
experience or foregoing mentoring
empowerment organization founded
to be hesitant to meet with a woman
completely — are extremely
by Facebook Chief Operating Officer
than a man; nine times more likely to
problematic.
Sheryl Sandberg) has confirmed the
decline work trips with junior women
movement has altered the behavior
than junior men; and six times more
First, they imply the women who
of male executives and managers
likely to avoid work dinners with a
have come forward as victims are
from a “moderate to very great
female colleague.
lying. The men in these stories
extent.” The survey demonstrated
were apparently not doing anything
that male professionals are pulling
Some men are even taking a more
wrong, but instead got caught
back from active interactions with
drastic approach by abandoning
up by vindictive women intent on
their female colleagues, due to a
mentorship altogether. As one CEO
taking down powerful men. Second,
knee-jerk concern their actions will
put it, “I’m all for women’s rights,
these narratives place men in the
be misconstrued or reported as
but this #MeToo movement has just
center as the victims. Instead of
sexual harassment.
gone too far.” For this CEO, the risk of
listening to what women are saying,
being falsely accused of something
understanding their experiences
Specifically, the survey, which polled
improper or even potentially giving
and condemning the misconduct
a national sample of 5,000 adults,
the appearance of impropriety is just
(which has been admitted in several
found that 60% of male managers
too great. He decided that the safest
cases – i.e., Harvey Weinstein, Matt
say they are uncomfortable
approach was to just avoid close
Lauer, Louis C.K., Les Moonves,
doing “common workplace”
work relationships completely. “By
etc.), the focus morphs into “well-
30
SAN DIEGO LAWYER | November/December 2019
meaning” men being the real victims.
both mentors and mentees of
feeling more empowered to set
Third, these approaches unwittingly
critical professional growth.
boundaries. If women are setting
punish the female victims. It is the
and communicating boundaries
old “this is why we can’t have nice
Dr. Steven Jones, CEO of JONES,
up front, they will be going to their
things” approach. These responses
a company that specializes in
male colleagues directly, which
suggest that women were better
developing leaders who are
should be the goal. The #MeToo
off before and, now, because of
equipped to counter oppression
movement basically forces men
what they have done (which is to
through diversity, inclusion and
to reevaluate their normal and this
speak up), they will be negatively
organizational effectiveness, says
reevaluation is part of the evolution
impacted. The price of having a
that he has encountered this
of the greater good.”
voice is ostracism. Fourth, taking
mindset in his trainings.
the drastic move of abandoning or
Dr. Jones advises companies who
eliminating mentorships altogether
Dr. Jones emphasizes the
are struggling with adapting to
is really taking the easy way out.
importance of what is called
this new norm to encourage their
It requires no self-reflection, hard
“effective mentoring,” which involves
leadership to be clear that they
work or growth. It is abdicating your
a two-way relationship. “Mentoring
welcome setting boundaries. An
responsibility as a leader instead of
is not about allowing the mentor
effective leader will tell his or her
reexamining your relationships.
to dictate the terms — effective
employees: “If I do something that
mentoring requires both individuals
crosses the line or that causes
At the outset, it is important to
to say what they want and need to
you to feel disrespected or causes
note that excluding women from
be emotionally and psychologically
concern, please speak up before it
mentorship opportunities can open
safe and successful. Setting
becomes a pattern.”
employers up to claims of sex or
boundaries and establishing norms
gender discrimination. Because of
becomes even more important when
In other words, the #MeToo
the acute exclusion, the professional
mentoring across gender identities.”
movement should not be
and personal growth of promising
Dr. Jones explains, “When different
viewed as a reason to avoid
female employees will be stunted,
gender identities are involved, both
women or mentorships, but as
resulting in a growing gender divide.
the mentor and mentee need to
an opportunity to reexamine
Denying female employees the same
establish when and where they
assumptions and help guide
mentoring opportunities accessible
meet, whether the door might
employees in creating feedback-
to men — whether inadvertent or
stay open, etc.
rich mentoring relationships. The
done for an arguably legitimate
#MeToo Movement is really the
reason — perpetuates a gender power
"The goal is to make sure that
natural progression of realizing
imbalance and is discriminatory.
both parties are comfortable. The
diversity, inclusion and equity
Moreover, this practice works against
reason some men are feeling
in the workplace. Diversity is
any company's diversity and inclusion
uncomfortable is that effective
increasing, women are at the
efforts and goals.
mentoring requires us to scale up
table and now they are using their
and step into the role of establishing
voices to demand equity. It is up
Taking the more conservative
safe and equitable relationships
to employers and their leadership
approach of eliminating mentorship
instead of leaving it to women.
to evolve with the times, embrace
for both men and women may avoid
Instead of operating from a place of
the growing pains and support this
a discrimination claim, but it deprives
fear, men should welcome women
positive change.
Hali Anderson
Whitney Hodges
(handerson@grahamhollis.com) is a Labor
(whodges@sheppardmullin.com) is Partner at
and Employment attorney with
Sheppard, Mullin, Richter & Hampton LLP.
GrahamHollis APC. SAN DIEGO LAWYER | November/December 2019
31
A BENCH OF THE PEOPLE By Renée Stackhouse
J
erry Brown appointed 644 judges
judges are women. Six identify as Asian
during his eight years in office
(4.5%), nine as African American (6.7%), 13
(2010-2018) as Governor of
as Latino (9.7%), 94 as white (70.1%), two as
California, 200 of which were appointed
other (1.5%), one as “more than one” race
in 2018. Over half were women and 41%
(.7%), and nine chose not to self-identify
identified as “non-white.”1 Women now
(6.7%). Notably missing is the presence
account for 35% of the state bench,
of any Pacific Islanders and Native
compared to 26% in 2006. A dedication
Americans.
2
to a diverse bench is not new for Governor Brown who, when serving as
Interestingly, San Diego’s bench make-
Governor from 1975 to 1983, named the
up has not changed much as a result of
first woman chief justice of the California
appointments over the last few years.5
Supreme Court (Rose Bird), the first Latino
It has, however, changed over the last
Associate Justice (Cruz Reynoso), and
decade. Since 2007 the number of
its first two African American Associate
women judges has increased 8.2%, Asian
Justices (Wiley Manuel and Allen
representation has increased, African
Broussard). He also appointed the nation’s
American representation increased 2.4%,
first openly gay and lesbian judges.
and Latinos increased 4.2%.
In March 2019, Governor Gavin Newsom
The San Diego bench also currently
opened the application process for
has four (self-identified) gay and two
judicial vacancies on the California
lesbian members (up from two and zero,
trial and appellate courts. Governor
respectively in 2011 when first tracked);
Newsom went on to create regional
five veterans (unchanged); and one
Judicial Selection Advisory Committees,
disabled judge (up from zero in 2014
the composition of which he made
when first tracked).
public, to provide preliminary, nonpartisan feedback on candidates and
The way to effectuate continued
help promote a diverse and inclusive
change is to become familiar with the
nomination process. One of those
requirements and start the process of
committees is right here in San Diego.
seeking appointment. For those who might not be there yet, it is time to start
Governor Newsom is quoted as saying,
thinking about what your future may hold
“It’s essential that California’s judiciary
and how best to position for success in
reflects the people it serves. That’s why
seeking appointment later. Many of our
our guiding principle is nothing short of
local legal-related organizations provide
full inclusion and access to justice. And
“how to” MCLE on the process and some
our goal is to create a bench as diverse
provide evaluations or letters of support.
and rich in experience as the people
Educate yourself, prepare and remember
of California.”
that, somewhere out there, there is a
3
Renée Stackhouse (renee@stackhouseapc.com) is a founder of Stackhouse APC.
1. https://newsroom.courts.ca.gov/ news/2019-state-of-thejudiciary-address 2. https://www.mcall.com/ newsom-unshrousds-key-partof-how-judges-are-pickedstory.html 3. https://www.lacba.org/docs/ default-source/news/newsomannounces-process.pdf 4. https://www.courts.ca.gov/ documents/2019-JODemographic-Data.pdf 5. https://www.courts.ca.gov/ documents/2018-JODemographic-Data.pdf
young one who will see you in that black Per the 2019 Judicial Officer Demographic
robe and know that he or she, too, can
Data,4 51 out of 135 (38.1%) trial court
succeed in our profession. SAN DIEGO LAWYER | November/December 2019
33
STEPPING UP TO THE BAR 2019
Join us at the biggest SDCBA
FRIDAY
DECEMBER 13 5:30 P.M. - 8 P.M.
member event of the year where we will install our new Board of Directors, hear from our 2020
PROGRAM STARTS 6 P.M.
President, Johanna Schiavoni, and celebrate with our legal community.
THE GUILD HOTEL
SPONSORS
500 West Broadway San Diego, CA 92101
Enjoy heavy appetizers, a photo booth and live music. Complimentary for SDCBA members and their guests.
DIAMOND SPONSOR
®
A N A FFI N I PAY S O LU TI O N
PLATINUM SPONSOR
GOLD SPONSOR
SILVER SPONSOR
RSVP: SDCBA.ORG/STEPPINGUP
BRONZE SPONSOR
REPRESENTING CANNABIS OPERATORS By Whitney Hodges Cannabis laws are complex and constantly evolving. While federal law, including the Comprehensive Drug Abuse Prevention and Control Act of 1970 (“Controlled Substances Act” or “CSA”), still prohibits cannabis-related activities within the State’s borders, several largely progressive laws in California permit the possession, cultivation, transportation and distribution of cannabis. Some of these laws are the first of their kind. These state laws, collectively referred to as the “Cannabis Laws,” include: (i) Compassionate Use Act of 1996 (“CUA”); (ii) Medical Marijuana Program Act; (iii) Medical Cannabis Regulation and Safety Act; (iv) certain provisions of the California Uniform Controlled Substances Act; (v) Control, Regulate and Tax Adult Use of Marijuana Act (“AUMA”); (vii) Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”). In addition to the blend of federal prohibitions and the myriad state authorizations, California has afforded local governments discretion to further regulate cannabis production and distribution for both medical and nonmedical (also known as recreational or adult) uses. California’s early authorization of medical cannabis use did not preempt or limit local regulation related to cannabis activities. AUMA propelled the principle of preserving “local control,” and soon thereafter MAUCRSA retained the doctrine. Interpretation of the Cannabis Laws continues to evolve as local governments experiment with various approaches, including licensing schemes and outright bans. The effects of the burgeoning cannabis industry are far-reaching, and have already impacted the legal community. To this end, it is beneficial to ensure clients are advised of the following facts. Continued on page 37 » SAN DIEGO LAWYER | November/December 2019
35
In Gonzalez v. Raich (2005) 545 U.S. 1, the U.S. Supreme Court held that intrastate cultivation and use of cannabis under the CUA did not place the defendants in that case beyond the CSA’s reach, because Congress’s plenary commerce power extends to those activities. In another case, United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, the U.S. Supreme Court held that the CSA did not authorize an implied defense to its penal provisions based on medical necessity, even where a state strictly controlled access to medical cannabis. At this point in time, the federal CSA and California’s MAUCRSA exist side by side and inherently conflict. The cultivation, distribution and consumption of cannabis in accordance with California’s cannabis laws necessarily violate federal law to the contrary.
“At this point in time, the federal CSA and California’s MAUCRSA exist side by side and inherently conflict. The cultivation, distribution and consumption of cannabis in accordance with California’s cannabis laws necessarily violate federal law to the contrary.”
Thus, a client should be aware that the law firm is not providing any advice on any illegal activities related to the possession, growth, distribution
specified unlawful activity.” However, under
or sale of cannabis. Rather, the engagement
Section 1957, it is a crime to engage in the same
is limited to advising the client on the validity,
financial transactions Section 1956 criminalizes,
scope and meaning of state and local laws,
but it removes the intent requirement and adds
including as they apply to private placements
a requirement that the transaction be for greater
and investment terms, and to the extent such
than $10,000.
state and local laws conflict with federal or tribal law. Moreover, with the present uncertainty of
It’s possible that the attorney-client privilege
the laws and enforcement policies concerning
may be lost because of the “crime-fraud
cannabis, there is the risk that any agreements
exception” and that our communications may
with persons or entities that are cultivating,
then be discoverable by law enforcement or
distributing, possessing or using cannabis may be
other persons not a party to the engagement.
deemed unenforceable. All in all, it is crucial to keep these laws and Additionally, there are potential issues under the
potential issues in mind when representing
two main money laundering statutes 18 U.S.C.
cannabis operators and cannabis-related
§ 1956 and § 1957. Section 1956 is the primary
service providers.
money laundering statute. It makes it a crime for anyone to conduct a financial transaction when they know that the money comes from specified illegal activity (including revenue from cannabis sales) and the person either intends to promote the illegal activity, helps to evade taxes or knows that
Whitney Hodges
the transaction is designed to conceal the source
(whodges@sheppardmullin.com) is Partner at
of funds. Arguably, there is a requirement that
Sheppard, Mullin, Richter & Hampton LLP.
must have the “intent to promote the carrying on of SAN DIEGO LAWYER | November/December 2019
37
“I thought First Republic’s student loan refinancing was too good to be true, but it was right on.” P U YA H O S S E I N I , M . D.
Anesthesiologist and Athlete
(855) 886-4824 | firstrepublic.com | New York Stock Exchange symbol: FRC MEMBER FDIC AND EQUAL HOUSING LENDER
1899 2019
LOOKING BACK:
SAN DIEGO'S FIRST WOMAN ATTORNEY By George W. Brewster Jr. The SDCBA turns 120 this year. This biosketch is part of a look back at prominent members of the Bar during its origin year of 1899.
C
lara Shortridge Foltz was born in 1849 in Indiana.
However, as Bradley knew, Foltz was not the first female
She moved to Iowa, married in 1872 and moved
lawyer to come to San Diego. Like Foltz, a young woman
west. Her husband deserted her and their
by the name of Alta Hulett fought to change laws that
children in 1876, after which she started pursuing a
prohibited women from practicing law. Hulett graduated
career in the law. Unfortunately, California did not allow
from the College of Rockford in 1870, at age 16, and
for women attorneys and Hastings College of Law
thereafter started her study of law. At 18, she was ready to
denied her admission on the basis of sex. So, she spent
take the bar but precluded by Illinois state law. She thus
the next couple of years advocating for change. That
drafted legislation that prohibited barring employment
change came in the passage of Section 18, Article 20 of
on the basis of sex. She succeeded in this quest and was
the Constitution of California, which she authored. The
the first female attorney in the State of Illinois at age 19.
bill stated that no person shall, on account of sex, be
This was the first enabling law in the nation — likely what
disqualified from entering upon or pursuing any lawful
influenced Foltz to propose her bill in California in 1878.
business, vocation or profession. Hulett practiced in Chicago for three years. At 22, she was Foltz was admitted to the California Bar on September 5,
diagnosed with hereditary consumption (tuberculosis),
1878. She was the first woman admitted to practice in
which had killed her father at age 35. She left for a
California and the third in the U.S. She practiced in
warmer climate, first to San Francisco and then to
San Francisco, then, in 1887, moved to San Diego and
San Diego in January 1877 (10 years before Foltz). She did
initially focused on real estate law with some acclaim
not set up a practice and died March 26, 1877, at 22 years
as San Diego’s first female attorney. It appears that, in
old. She was buried in an unmarked grave in Mt. Hope
the same year, she founded a newspaper
Cemetery in San Diego.
(San Diego Daily Bee), which was purchased by the San Diego Union in 1888.
Did Foltz, who lived in the San Francisco area from 1876 to 1887, meet Alta Hulett? If so, did they discuss Hulett’s
Foltz and her children then moved north to Los Angeles
success with the Illinois legislature, after which Foltz
where Clara served two terms as a deputy district
submitted a similar bill in 1878?
attorney. At the age of 81, she was the first woman to run for Governor for the State of California (1930),
Eighty years later, in 1957, the Women Lawyers of San Diego
on the Republican ticket. She has a long list of other
County, led by Judge Bradley, erected a grave marker for
accomplishments (including a strong public defender
Hulett, one of the first female attorneys in the U.S., and likely
system), which go way beyond my word limit. She died at
the first female attorney to set foot in San Diego.
age 85 in 1934. George W. Brewster Jr. During the 1995 dedication of the Madge Bradley Court
(sandbrews@aol.com) is a retired
building, Judge Bradley (ret.), the first female judge
attorney after 35 years of practice,
in San Diego County (1953-71), specifically thanked
including JAG, private practice and the
Foltz for blazing the way for women to enter the legal
last 30 with the County of San Diego,
profession in California.
Office of County Counsel. SAN DIEGO LAWYER | November/December 2019
39
Donate the equivalent of one hour of your billable time (or whatever you can) today! Your donation will provide access to justice to the San Diego community.
A LITTLE GOES A LONG WAY! $40 can provide one hour of legal assistance for low-income individuals and families
$50 can provide one hour of legal assessment and education for domestic violence victims
$77 can provide one-on-one legal services support for employment and immigration rights cases
$200 can provide one hour of legal services for veterans in San Diego County
WAYS TO DONATE: $4 Million
Granted to provide access to justice to the San Diego community
50+
Organizations Supported
sdcbf.org/giveanhour @SDCBF
P: 619.231.7015 | E: info@sdcbf.org | sdcbf.org
Meet Gayle Blatt, Incoming President of the San Diego County Bar Foundation
P
oised to assume the presidency of the San Diego County Bar Foundation, Gayle M. Blatt is a tenacious and dedicated attorney with a practice focused on complex and class action litigation. Blatt is ready to lead San Diego’s nonprofit arm of the legal community. The San Diego County Bar Foundation awards grants to nonprofits fighting for legal justice for people and communities impacted by poverty, abuse and discrimination. Funds raised by the organization assist refugees, asylum seekers, immigrants, the working poor, domestic violence victims, the disabled, veterans, the homeless, low-income seniors and at-risk youth – those who don’t have access to legal counsel and education that can help them navigate the legal process.
As head of CaseyGerry’s complex litigation practice group, Blatt has served on the board of directors for SDCBF for three years and is active in the community as well as professionally. She serves on the Board of Trustees for California Western School of Law and is on the Board of Director of the Lawrence Family Jewish Community Center. Over the years, she has been repeatedly recognized for her successes and work ethic, is consistently ranked in Best Lawyers in America and Super Lawyers and has been recognized with a President’s Award by the Consumer Attorneys of San Diego. “I’m grateful to have a career where I can help people who have been wronged and need assistance navigating the legal system. Through my work with the Foundation, I’ve learned about some of the wonderful non-profit groups doing great things to help our community become a more caring and supportive place for those who need fair access to justice,” said Blatt. “The Bar Foundation supports these organizations that help vulnerable people who otherwise would not have a way to get desperately needed assistance, a fresh start in life and other support when they need it the most. For me, helping others is a mission in itself, and we all contribute in our own way.”
What drives Blatt most are the moments when she’s participated in efforts that change a person’s life for the better. She treasures the opportunities and the work of the Bar Foundation to help make these moments reality for so many. Blatt is joined in her efforts by a devoted and enthusiastic group of colleagues, many of whom are practicing local lawyers, who are compelled by an obligation Gayle Blatt and Lorena and desire to provide access to justice for the underserved. Slomanson of Legal Aid Society Every year, Blatt and the other 25 members of the board of In 2018, the San Diego County Bar Foundation awarded $521,000 to 24 directors pay personal visits to the dozens of nonprofit organizations that local nonprofit organizations, providing legal services, public awareness apply for grants. education and improvements to the region’s justice and court system. “We vet these organizations by meeting staff, taking tours of facilities, Since it began its grants program in 1979, the Bar Foundation has observing programs and more,” Blatt said. “We ensure the money distributed more than $4 million to more than 50 legal aid and public raised by the Foundation is spent on proven and effective programs. I interest organizations. For more information, or to make a donation, visit am particularly touched by the vast range of communities served by our www.sdcbf.org. grantees. The site visits are inspiring and make me want to do more and give more. I know the rest of the Bar Foundation board feels the same way.” The Bar Foundation’s grant funding comes from ongoing fundraising throughout the year, showcased by its annual “An Evening in La Jolla,” held on Sept. 28 this year; the Distinguished Lawyer Memorial, which honors deceased lawyers and judges of the San Diego Bar who demonstrated superior legal skills, high ethical standards, and service to their community; and “Give an Hour” – an ongoing fundraiser which calls on legal professionals to donate the monetary equivalent of one hour of their billable time. Blatt added, “We know time is scarce, but we also know time is money – giving an hour this way can make a huge difference in helping us fund the organizations who serve the under-served.” Gayle Blatt and members of the SDCBF Board at the Distinguished Lawyer Memorial 2019
SDVLP CELEBRATES PRO BONO WORK
S
an Diego Volunteer Lawyer
Outstanding Law Firm honoree,
SDVLP also celebrated Craig
Program celebrated attorneys
DLA Piper LLP (U.S.), have helped
Countryman, a long-time SDVLP
and law firms who have
low-income, self-employed clients
director, who passed away in
consistently contributed significant
through SDVLP's microbusiness
August 2019. An IP attorney with
pro bono time and resources at its
project. DLA attorneys have also
Fish & Richardson, Craig was a
annual Justice For All Celebration
assisted with guardianship, domestic
strong advocate for pro bono
on September 26. The honorees
violence and many other services.
services. Throughout his 15-year
demonstrate that an attorney doesn’t
legal career, he worked on a wide
need to have specific legal expertise
range of pro bono matters.
to be a pro bono provider; all that’s required is a law degree and a desire
SDVLP has changed the lives of
to help others.
countless women, children and men, thanks to the generosity of the legal
Carla Nasoff, who received the
Casa Cornelia Law Center, which
community. Each year, hundreds of
Pro Bono Publico award, had no
provides immigration legal services
attorneys volunteer their time to help
experience with immigration law
to victims of human and civil rights
thousands of individuals with civil
when she started volunteering with
violations, received the Community
law issues. Whether it is handling
SDVLP. Over the past four years,
Service Award. Executive Director
a matter or volunteering at one of
she has donated over 860 hours
Carmen Chavez encouraged all
SDVLP’s many clinics, there is a role
to help foster youth navigate the
attorneys to embrace pro bono
at the organization for anyone willing
immigration system.
values, including due process, fair
to help.
treatment under the law and access Product liability, corporate and
to legal services for all.
Learn more at www.sdvlp.org.
litigation attorneys from the
WHAT TO DO
WHEN ...
OPPOSING COUNSEL DOESN'T RETURN YOUR CALLS By Elizabeth Blust A few years ago, opposing counsel
months, I called the State Bar of
disappeared shortly after our case
California Ethics Hotline to
was taken off calendar.
seek guidance.
The parties had reached a
From the resources they provided,
settlement, but we needed to finalize
I ascertained I could send a letter
it. I called. I emailed. I sent certified
to the client asking simply if the
mail. I could not get a response
attorney still represented him, and, if
from opposing counsel.
so, could he please have his attorney contact me. This worked. The
I managed to discover that this
attorney called me.
attorney had experienced some major life events, so I tried to be understanding, but my client and the other interested parties wanted to move on. Finally, after several
Elilzabeth Blust (egblust@blustlaw.com) is founder and owner of Blust Law.
SAN DIEGO LAWYER | November/December 2019
43
JUDICATE WEST THE GOLD STANDARD in Private Dispute Resolution
Hon. Jan M. Adler, Ret.
N. Denise Asher, Esq.
Hon. Victor E. Bianchini, Ret.
Jonathan A. Brenner, Esq.
Hon. Herbert B. Hoffman, Ret.
Jeffrey Joseph, Esq.
Robert J. Kaplan, Esq.
Hon. Joan M. Lewis, Ret.
Hon. Leo S. Papas, Ret.
Gregory A. Post, Esq.
Hon. Ronald S. Prager, Ret.
Hon. Joel M. Pressman, Ret.
Hon. Steven R. Denton, Ret.
Hon. Christine Goldsmith, Ret.
Hon. William Hon. Thomas P. McCurine, Jr., Ret. Nugent, Ret.
Hon. Linda Quinn, Ret.
Thomas E. Sharkey, Esq.
These respected neutrals are available through Judicate West. For more information call (619) 814-1966 or visit our website at
WWW.JUDICATEWEST.COM DOWNTOWN LOS ANGELES | SACRAMENTO | SAN DIEGO | SAN FRANCISCO | SANTA ANA | WEST LOS ANGELES
WHY I BELONG Favorite website: Skyscanner.
TINA MALEK Law Office of Tina Malek
Hobbies: Traveling, snowboarding and eating.
Education: University of Texas at Dallas, Seattle University School of Law
Favorite book: War Against All Puerto Ricans.
Areas of practice: Immigration Law
Best concert you’ve ever been to: Boyz II Men. Favorite food: Sushi.
Proudest career moment: Helping people at the airport during the travel ban. Family: My mom, sister and cousins that are practically siblings.
Do you have a unique skill or special talent nobody knows about? I once ate a whole watermelon. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Organization and time
Birthplace: Denton, Texas.
management skills.
Current area of residence: Downtown San Diego.
Do you have a mentor?
“If I weren’t an attorney, I’d be ...”: I’d like to run a coffee
Not a mentor, but I really admire Barry Scheck. What would you most like to be known for?
shop or wine bar. “The best thing about being an attorney is...”:
Hard work and results. What makes San Diego’s Bar so special/unique?
Litigating.
The San Diego Bar has a very unique, small family feel.
Last vacation: Greece.
Meet Your
Bar-ista
What are your main
What is your favorite
responsibilities at the Bar?
food?
I have many. For starters, I take care
My mother's lumpia.
of our members' needs. If they need help on anything, I will do my best to help them.
What’s your favorite quote? “Once a Marine, always a Marine. Improvise, Adapt, Overcome."
SDCBA Staff Serving Our Members
I also set up events, do audio/ video recordings and help all the departments in the SDCBA. How long have you been working at the Bar?
Where is your favorite place in San Diego? The mountains with my family, especially Julian and Descanso campgrounds.
20 years. What is your favorite part
20 YEARS with ALDRIN RING Building Operations Coordinator
of your job? There is a lot about my job that I love, but my favorite is helping our members. SAN DIEGO LAWYER | November/December 2019
45
30,000 CLIENTS
ARE WAITING TO GET REFERRED TO YOU
The SDCBA’s Lawyer Referral and Information Service (LRIS) makes over 30,000 client referrals to local attorneys every year. You could be one of those attorneys. As part of the LRIS program, you would be in great company. Our thorough qualification process ensures you will be part of a competent and conscientious group of lawyers carefully selected to provide the peace of mind our clients trust and rely on. And rest assured, we are equally judicious in qualifying potential clients before we refer them to you. Applying to join is very affordable, especially for SDCBA members. Best of all, by participating in the program, you will be helping clients get legal services they might not otherwise know how to find – and gain great clients for your practice – a true win-win. All of which makes applying to join LRIS an easy case to make.
Learn more about applying for LRIS today: (619) 321-4153 or LRIS@sdcba.org
Distinctions The following individuals in our community were recently honored for their achievements:
Olga Ă lvarez, Judy Bae and Commissioner Terrie Roberts were recently appointed to the Superior Court of San Diego
At the Casa Cornelia Law Center 12th Annual La Mancha
County by Gov. Gavin Newsom.
Awards: District Court Judge Dana M. Sabraw received the Lucy Howell La Mancha Humanitarian Award;
Nicholas J. Fox, Foley & Lardner LLP, was honored with the 2019 Rising Star Recent Alumni Award at the University of San Diego
Nancy G. Aeling, Esq, the Distinguished Pro Bono Attorney of the Year Award; and Wilson Sonsini Goodrich & Rosati, the Pro Bono Law firm of the Year Award.
School of Law Distinguished Alumni Awards Luncheon.
Joe Villasenor, Legal Aid Society of San Diego, LLC, was honored with the Rising
Srinivas Hanumadass, CaseyGerry, was
Star Award from the National Consumer
elected to the board of directors of the
Law Center.
Consumer Attorneys of California (CAOC).
Keep Your Member Benefits Going in 2020! Login / Renew: www.sdcba.org/myrenewal ADVERTISERS INDEX ADR Services, Inc. . . . . . . . . . . . . . . . . . . . . . 32
Monty McIntyre, Esq. . . . . . . . . . . . . . . . . . . . . . . 19
AHERN Insurance . . . . . . . . . . . . . . . . . . . . . 4
Noonan Lance Boyer & Banach, LLP . . . . . . . . . . . . . 15
CaseyGerry . . . . . . . . . . . . . . . . . . . . . . . . . 3
Panish Shea & Boyle . . . . . . . . . . . . . . . . . . . . . . 52
First Republic Bank . . . . . . . . . . . . . . . . . . . . 38
San Diego County Bar Foundation . . . . . . . . . . . . . . 40
Gomez Trial Attorneys . . . . . . . . . . . . . . . . . . 42
USClaims . . . . . . . . . . . . . . . . . . . . . . . . . . 2
JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Vosseller Law Firm . . . . . . . . . . . . . . . . . . . . . . 26
Judicate West . . . . . . . . . . . . . . . . . . . . . . . 44
West Coast Resolution Group . . . . . . . . . . . . . . . 16, 29
LawPay . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Wheatley Mediation Services . . . . . . . . . . . . . . . 10
Lawyer Referral & Information Service . . . . . . . . 46 SAN DIEGO LAWYER | November/December 2019
47
PHOTO GALLERY BENCH-BAR LUNCHEONS Judges and attorneys from shared practice areas gathered to build connections and discuss meaningful issues over an intimate lunch. CIVIL AND CRIMINAL LAW
L-R: Daniel Doft, Davin Kono, Andrew Schouten
Nicole Pedone, Angil Jones
L-R: Hon. Robert Trentacosta, Hon. Edward Sturgeon, Hon. Kevin Enright
FAMILY AND PROBATE LAW
L-R: Hon. Truc Do, Hon. John Scherling
Hon. Loren Freestone, Puja Sachdev 48
SAN DIEGO LAWYER | November/December 2019
Danielle Barger
PHOTO GALLERY EVENING IN LA JOLLA The San Diego County Bar Foundation hosted its annual fundraising event to ensure access to legal services for underserved communities.
Lilys McCoy, Casey Gwinn
Miranda Varoz, Susanne de la Flor
Roxanne Carter, Ethan McCullough
L-R: Linh Lam, Anne Beaumont, Johanna Schiavoni, Barbara Trigueros SAN DIEGO LAWYER | November/December 2019
49
100
LUB
EN PERC T C 2019
THANK YOU 100 PERCENT CLUB 2019 The San Diego County Bar Association wants to thank all of the San Diego law firms that have provided SDCBA membership to 100% of their attorneys in 2019. Your commitment to the San Diego legal community is greatly appreciated.
Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo 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 Cohelan Khoury & Singer Collinsworth, Specht, Calkins & Giampaoli, LLP 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 Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP Fleischer & Ravreby Fragomen, Del Rey, Bernsen & Loewy, LLP Frantz Law Group APLC Garmo & Garmo LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP
GrahamHollis 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 Hoffman & Forde Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins Glatt & Rich LLP JWB Family Law 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, McCabe & Hudson APLC Niddrie | Addams | Fuller I Singh LLP Noonan Lance Boyer & Banach LLP Office of the Public Defender Office of the San Diego City Attorney
Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia Lutz & Dolin Pillsbury Winthrop Shaw Pittman LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP 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 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 Rez & Engel, APLC Thorsnes Bartolotta McGuire LLP Tresp Law, APC Walsh McKean Furcolo 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
MEMBERS CAN SAVE THOUSANDS OF DOLLARS on everyday services from these trusted SDCBA partners. We’ve negotiated these great deals for you. Start saving today!
Preferred Provider
INSURING LAW FIRMS ONE POLICY AT A TIME
Enjoy up to a 20% discount as an SDCBA member, depending on coverage. AHERN offers members an Exclusive Lawyers Professional Liability Program with AXA XL, as well as a full line of insurance products designed specifically for law firms.
FREE:
SAVE 10% on Ruby’s virtual receptionist service, with no setup fee
Scanner with Remote Deposit Service Interest bearing personal checking No 1st year fee commercial credit card No loan fee for Business Line of Credit
10% DISCOUNT on Law Practice Management software, plus free trial and training
®
AN AF F I NI PAY S OL UT I ON
SAVE UP TO 75%
FIRST 3 MONTHS FREE!
on our Best Value List of preferred products
on Law Practice Management software, plus free trial and training
SAVE UP TO 30%
SAVE UP TO 25% ON CAR RENTALS
on Lenovo PC product purchases online
EXCLUSIVE RATES FOR SDCBA MEMBERS
Discounted rental rates for business or pleasure travel
SAVE 50% OFF MSRP on office technology, exclusively for SDCBA members.
SAVE UP TO 50% 50% on Domestic Next Day/Deferred 30% on Ground Commercial/Residential
GET EXCLUSIVE MEMBER DISCOUNTS on car insurance
FREE PARKING
NIGHTS & WEEKENDS at the Union and B Street lot
FREE Your legal news feed custom tailored to you.
Learn more about exclusive offers from the providers above at
www.sdcba.org/memberbenefits
R E F E R R A L S T H AT
REALLY PAY OFF OVER $2 BILLION IN VERDICTS AND SETTLEMENTS SINCE 2010
PANISH SHEA & BOYLE
LLP
OVER $200 MILLION IN REFERRAL FEES PAID SINCE 2010
OFFICES IN CALIFORNIA AND NEVADA The attorneys of Panish Shea & Boyle LLP have obtained some of the most significant verdicts and settlements in U.S. history. With 20 eight-figure and nine-figure verdicts in the last 10 years, no other California or Nevada plaintiff’s firm wins this big, as often, as Panish Shea & Boyle LLP.
The Firm has the resources, experience and skills to litigate the most complex cases for individuals and families who have suffered an injury or death because of the wrongful acts of others and handles cases throughout the country. Firm attorneys are licensed in many states and the firm welcomes joint ventures with lawyers who want to stay more actively involved in a case.
WE MAXIMIZE THE RECOVERY TO OUR CLIENTS, WHICH MAXIMIZES THE REFERRAL FEE TO YOU.
EXPERTISE • Wrongful Death • Catastrophic Personal Injury • Defective Products • Trucking Accidents • Motor Vehicle Accidents • Industrial Accidents • Dangerous Conditions • Aviation & Railway Disasters • Government Liability • Brain & Spinal Cord Injuries • Automotive Defects
WWW.PSBLAW.COM | TOLL FREE 877.800.1700