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Outstanding Service by a New Lawyer
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CONTENTS 8
12
16 Page
16
PRESIDENT'S COLUMN A Life of Service in and to the Law—Rest in Justice, Ruth Bader Ginsburg by Johanna Schiavoni ETHICS One or Many: How Many Clients Do You Have? by Edward McIntyre BUSINESS OF LAW Taking Care of Business: Assessing Your Firm's Professional Responsibility Compliance by David Majchrzak
11
LAW SCHOOL COLUMN What If? by Taryn Williams
14
TECHNOLOGY Tech Tips & Tidbits by Bill Kammer
21
SAN DIEGO COUNTY BAR FOUNDATION: RESOLVE LAW How the Legal Community Created the Largest Pro Bono Program in San Diego History
41
TUMULTUOUS TERMS The Two-Bit Mayor by George W. Brewster Jr.
43
SAN DIEGO LAW LIBRARY GOES VIRTUAL by Valerie Gragg
43
MEET YOUR BAR-ISTA Dawn T. Young LRIS Specialist
45
WHY I BELONG Get to Know Mike Flesuras
45
WHAT TO DO WHEN ... A Litigant Passes Away by Thomas K. Murray
47
DISTINCTIONS AND PASSINGS
18 Page
38
33
37
IT HAPPENED (IN PART) IN SAN DIEGO Constitutional Right to Attend Court Proceedings by Edward McIntyre THE CRIMINAL JUSTICE SYSTEM AND ITS RELATIONSHIP TO RACE by Euketa Oliver JERRY BLANK: A TRIBUTE by Michael L. Crowley
NOW IS THE PERFECT TIME TO START A MINDFULNESS PRACTICE. HERE'S WHY! by Gayani Weerasinghe
22
PETER QUON'S LEGACY Advancing Diversity One Person at a Time by Linh Lam
34
KEEPING YOUR GENOME TO YOURSELF Privacy Laws and Consumer Genetic Testing by Devinder S. Hans
38
CELEBR ATING SERVICE
Page
24
24
2020 SAN DIEGO COUNTY BAR ASSOCIATION SERVICE AWARD RECIPIENTS
30
31
INCREDIBLE JOURNEY Lawyer-Medic, On the Go by Edward McIntyre
32
SAN DIEGO LAWYER
SAN DIEGO'S FEDERAL JUDGES Serving the Community One Student at a Time by Anne Kammer VOLUNTEERING AS A LEGAL OBSERVER by Kylee Belanger
|
September/October 2020
5
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SAN DIEGO LAWYER MAGAZINE EDITORIAL BOARD Co-Editors Julie T. Houth
Issue 5, September/October 2020
Issue no. 5. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price of an annual subscription to members of the San Diego County Bar Association 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 © 2020 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer
Edward McIntyre
Editorial Board George W. Brewster Jr. James D. Crosby Devinder S. Hans Whitney Hodges Wendy House Anne Kammer
Michael G. Olinik Christine Pangan Wilson A. Schooley Renée N.G. Stackhouse Gayani Weerasinghe
SAN DIEGO COUNTY BAR ASSOCIATION Board of Directors President Johanna Schiavoni President-Elect Renée N.G. Stackhouse
are those of the authors only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Board.
Immediate Past President Lilys D. McCoy
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.
Vice Presidents Gary S. Barthel Linh Y. Lam Teodora D. Purcell
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.
For advertising information, contact Ron Marcus at rmarcus@sdcba.org or visit www.sdcba.org/advertise-sdlawyer
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ADVERTISERS INDEX ADR Services, Inc.
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Ahern 4
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Monty A. McIntyre, Esq.
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Butterfield Schechter LLP
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Panish Shea & Boyle LLP
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CaseyGerry
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San Diego County Bar Foundation
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First Republic Bank
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Stanford And Associates
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JAMS 6
Todd Bulich Real Estate Company, Inc.
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Judicate West
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Vosseller Law Firm
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Kathryn Karcher Appeals
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West Coast Resolution Group
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36 SAN DIEGO LAWYER
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September/October 2020
7
President’s Column by Johanna Schiavoni
A LIFE OF SERVICE IN AND TO THE LAW—REST IN JUSTICE, RUTH BADER GINSBURG
T
he death of Supreme Court Justice Ruth Bader
New York at the urging of one of her law professors,
Ginsburg was an immense loss for our nation and
who promised the judge to find a replacement clerk if
our judicial system.
Ginsburg did not perform satisfactorily. She held that clerkship for two years, from 1959-61.
As we continue to reflect on her life of service in and to the law, let it be a guide for how we—as attorneys,
In 1963, at a time when few women were teaching in
judges, colleagues, friends, neighbors, and members of
the legal academy, she became a law professor at
a global community—also can be of service and commit
Rutgers University and then Columbia Law School,
our talents and time to lifting up others.
where she taught its first-ever course on sex discrimination and began to architect the legal fight
Justice Ginsburg was a role model and champion for
for women’s rights and gender equality. It was there that
people everywhere, and particularly for women and girls,
she co-founded the Women's Rights Project at the
who saw in her trailblazing life and career the ability to
American Civil Liberties Union in 1972, developing a
break barriers, to stand up against injustice, and to give
step-by-step strategy built on challenges to laws that
voice to the voiceless.
discriminated on the basis of gender as violating equal protection principles.
As we have seen from the outpouring of emotion across our country, her loss is devastating to all who learned
She eventually became Columbia’s first female tenured
from her, who benefitted from her work as a lawyer and a
law professor and, through the ACLU, oversaw more than
jurist, and those who have celebrated her as she became
300 gender discrimination cases by 1974. She argued six
a cultural icon.
gender discrimination cases before the Supreme Court between 1973 and 1976.
Justice Ginsburg passed away on September 18, 2020 at age 87. Just a day earlier—on Constitution Day—she
Among her significant victories, which built on one
was awarded the 2020 Liberty Medal by the National
another, she successfully challenged an Idaho statute
Constitution Center for her “efforts to advance liberty
that gave males express preference over females in
and equality for all.”
executing estates (Reed v. Reed). In Reed, the Supreme Court for the first time extended application of the Equal
In honoring her life and her legacy, let us remember
Protection Clause of the Fourteenth Amendment to
important aspects of Justice Ginsburg’s life and career
women. Building on that victory, she successfully argued
and celebrate the impact she had on so many in bringing
that Social Security benefits should be applied to a
to life the promise of “equal justice under law.”
widower equally as to a widow (Weinberger v. Wiesenfeld).
Despite having graduated first in her class at Columbia
Then, in a case widely read by law students across the
Law School (tied with another student), she was refused
country, Justice Ginsburg served as amicus counsel
jobs merely on account of being a woman. She ultimately
in challenging an Oklahoma law that treated men
secured a federal clerkship in the Southern District of
unfavorably with respect to the drinking age—imposing
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September/October 2020
on men a higher age limit to drink alcoholic beverages
Ledbetter v. Goodyear Tire & Rubber Co. opined that the
(age 21) than imposed on women (age 18). In that case,
majority’s application of a 180-day claims filing period
she helped achieve a landmark ruling that statutory or
was inconsistent with Title VII’s broad remedial goals, but
administrative classifications based on sex were subject
she noted that “the ball is in Congress’ court.” Two years
to intermediate scrutiny under the Equal Protection
later, Congress passed the Lilly Ledbetter Fair Pay Act of
Clause—the first time such heightened scrutiny was
2009, expanding Title VII’s statutes of limitations in wage
applied to classifications based on sex (Craig v. Boren).
discrimination cases.
And in her final case as a lawyer before the Supreme Court, she advocated that jury service should not merely
Dissenting in Shelby County v. Holder, the 2013 case
be “voluntary” for women, but should be mandatory as it
that struck down the preclearance provisions of the
was for men, given the vital role of participation in juries
Voting Rights Act of 1965, she pointed out that the
to our legal system (Duren v. Missouri).
legislation had passed with “overwhelming bipartisan support” and was “no ordinary legislation.” She observed,
Justice Ginsburg began her judicial career serving on
the Voting Rights Act “is extraordinary because
the U.S. Court of Appeals for the D.C. Circuit from 1980-
Congress embarked on a mission long delayed and
93, having been nominated by President Jimmy Carter.
of extraordinary importance: to realize the purpose
She was later nominated to the U.S. Supreme Court by
and promise of the Fifteenth Amendment. For a half
President William J. Clinton in 1993, and confirmed by a
century, a concerted effort has been made to end racial
vote of 96-3. She is only the second woman to serve on our
discrimination in voting. Thanks to the Voting Rights Act,
nation’s highest court, and the first whose death we mourn.
progress once the subject of a dream has been achieved and continues to be made.” She continued, noting that in
She also was only the sixth justice of the Jewish faith to
striking down the legislation’s remedial tools, “[t]he sad
serve on the Supreme Court. On the opening day of her
irony of today’s decision lies in its utter failure to grasp
final Supreme Court session, Justice Ginsburg—known
why the [Voting Rights Act] has proven effective. . . In
for the collars she wore with her judicial robes—donned a
truth, the evolution of voting discrimination into more
collar with the word “tzedek” woven in silk. This honored
subtle second-generation barriers is powerful evidence
the Torah verse, “tzedek, tzedek tirdof,” meaning “justice,
that a remedy as effective as preclearance remains vital
justice, you shall pursue.”
to protect minority voting rights and prevent backsliding.”
When Justice Sandra Day O’Connor, the first female
Justice Ginsburg’s most significant legacy may well be
justice, retired from the Supreme Court in 2006, Justice
this: that while law is indeed a powerful tool with which
Ginsburg remained the only woman on the Court until
to bring about justice, we can never take that for granted.
2009. Later, when asked how many women would be
We must be vigilant in protecting our democracy,
enough on the Court, she famously remarked “when
preserving the rule of law, and serving as guardians of
there are nine.” When people expressed surprise at
the public trust in our courts as independent arbiters.
that comment, she replied “There’d been nine men, and nobody’s ever raised a question about that.”
As her loss is felt across our country and the world, her legacy lives on in opinions, articles, speeches,
As a member of the Supreme Court, she will be
briefs, courtrooms, law offices, pop culture references,
remembered as much for her opinions as for her powerful
classrooms, and, of course, in our hearts and minds.
concurrences and dissents. In her majority opinion in United States v. Virginia, which struck down a males-
We carry with us her call to action: “Fight for the things
only admissions policy as violating the constitution,
that you care about. But do it in a way that will lead
she wrote: “Neither federal nor state government acts
others to join you.” — Hon. Ruth Bader Ginsburg
compatibly with equal protection when a law or official policy denies to women, simply because they are women, full citizenship stature—equal opportunity to aspire, achieve, participate in and contribute to society based on their individual talents and capacities.” Her dissent in
Johanna Schiavoni (johanna.schiavoni@calapplaw.com) is a certified specialist in appellate law, and her practice at California Appellate Law Group LLP focuses on civil appeals in state and federal courts.
SAN DIEGO LAWYER
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September/October 2020
9
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LAW SCHOOL COLUMN by Taryn Williams
WHAT IF?
T
he United States of America is widely known as
needed and would not be forced to or feel the need to
the “land of the free,” but holds the largest prison
steal. People would be content because their needs are
population in the world. Studies show that mass
sufficiently proportioned to their means.
incarceration does not decrease crime rates, so why do we continue to support having such a large prison population?
I imagine more young professionals and independent
I mean, if the point of incarceration is to reduce crime, and
contractors entering the workforce. With a transformed
we see that it’s not working, why not try another course of
educational system, our youth would be better equipped
action? Ultimately, this begs the question: are we actually
to pursue technical fields and have legitimate means to
trying to reduce crime?
income, and thus, turn away from gangs or lives of crime.
Research shows that most violent crimes are related to lower
I imagine the U.S. would thrive as a more superior nation
socioeconomic statuses, i.e., poorer people are more likely
than we currently are, as the country’s overall morale would
to commit crimes. Let’s reimagine how crime could be dealt with in ways leading to minimal prison populations, so that all people could experience this coveted “land of the free.” What if ... the U.S. reallocated the almost $200 billion currently being spent on our prison system to programs and projects that support the economic well-being of lowerincome neighborhoods? What if … schools were given the resources to support the mental, social, and economic needs of all children? Students would then be in better positions to take advantage of the education presented to them. What if there was no school ranked above another because every student excelled academically?
increase due to the decreased crime rates. What if ... the U.S. had a true democracy? What if our government valued public sentiment and acknowledged different ideals and discourse? What if this same prison system that has been critiqued time and time again for not reducing crime rates was replaced with a system that actually worked? As part of the legal community, I believe we should constantly analyze current practices to see what is working, and what could be approached differently. If the nation’s goal is indeed to be the “land of the free,” we must begin to reimagine, critique, and redevelop our ideals and practices. My biggest desire is that one day we can all see
What if ... the minimum wage was still a livable salary?
the country’s amazing potential come to fruition, and the
What if people did not have to struggle to make ends meet
promise of hope and freedom afforded to all people.
because their work was rewarded with an ability to meet basic needs? I imagine theft and robbery would decrease, as people
Taryn Williams (williamt@tjsl.edu) is a 2L at Thomas Jefferson School of Law.
would have easier access to resources to get what they
SAN DIEGO LAWYER
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September/October 2020
11
ETHICS by Edward McIntyre
ONE OR MANY HOW MANY CLIENTS DO YOU HAVE? Macbeth opened the Zoom conference. “Good morning
dealing, you have to explain your client is the corporation.
Sarah, Duncan. I understand we have a guest.”
Not the doctor.”
Sarah’s square lit up. “Yes, let me introduce Josh.”
“Do I have to tell the doctor to get his or her own lawyer?”
“Welcome, Josh. How can we help?”
“Another good question. The rule doesn’t require it. Good risk management might suggest it. But strictly
“I’m a business lawyer. I was asked to represent a
speaking, it’s not required.”
group of orthopedic surgeons. They need a revised shareholder agreement. Also, they got a letter suggesting
“Any other duties to the docs?”
a Medicare billing issue. Maybe an investigation. I could use “Actually, the reverse. If you learn a surgeon is violating an
some advice.”
obligation to the corporation, or acting unlawfully, imputable “A revised shareholder agreement? Do they presently have a
to the corporation with conduct likely to harm it, you have to
professional corporation?”
report that conduct to a higher authority in the corporation.”
“Yes. The president is an acquaintance. He asked me to
Sarah added, “So long as you don’t reveal information that’s
represent them.”
confidential under section 6068(e)(1).”
“First question then: Who’s your client? Corporation?
Macbeth advised: “Which suggests you tell the individual
Shareholders individually? Or the president?”
with whom you’re talking not to tell you anything that’s confidential. Because your client is the corporation. Your
“I’ll listen to suggestions. But I’d prefer it be the corporation.”
duty of loyalty is to it.”
“I think that’s wise.”
Sarah spoke again, “Have you ever done legal work for the president?”
Sarah joined, “I agree, Josh.” “No, this is the first time I’ve represented him. Or the Josh spoke, “I looked at the current conflict of interest rule.
corporation, rather. Why do you ask?”
Don’t quite see how it applies.” “If you had, Rule 1.7(c)(1) might require you to disclose to Macbeth responded, “It doesn’t. At least not primarily. You’ll
your client, the corporation, you’d had a prior professional
represent the corporation, an organization. So, Rule 1.13 is
relationship with him. Because he’ll be a party to the
the principal source of your obligations. It makes clear your
transaction. But here, not an issue.”
client is the corporation. The corporation, of course, will act through an officer. I assume it’s the president in this case?”
Macbeth picked up. “You mentioned a possible government investigation?”
“It is. But do I have obligations to the doctors?” “Yeah. After I got the shareholder agreement revised, the “Excellent question. First, if you know the corporation’s
president asked me to do an internal investigation to see if
interests are adverse to any surgeon with whom you’re
there’s anything to worry about.”
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September/October 2020
Cartoon by George W. Brewster Jr.
“That brings up a provision of Rule 1.13 and also something known as an ‘Upjohn warning’ or ‘corporate Miranda.’”
the person seeking individual representation to give the
“Sounds serious.”
Duncan’s square lit up. “If a surgeon were to be the target of
corporation’s informed written consent.”
a government investigation, along with the practice, should “Under the rule, when you interview each surgeon, remind each one of them your client’s the corporation. Under the former version of this rule, you couldn’t mislead an organization’s member into believing the member could reveal confidential information to you that would not be used to the organization’s interest if it conflicted with the member’s. But that’s not in the current rule. It’s still good advice, however. Also consistent with the spirit of Rule 4.3, truthfulness to others.”
the same lawyer represent both?” “Good point, nephew. Depending on the facts, and the corporation’s knowledge and defenses, it might lead to an unwaivable conflict. Especially if the investigation moved to litigation. Tactically, separate counsel might also be better. But we’ve strayed beyond ethics. Josh, is there anything else we can help with?”
“OK. What’s the Miranda bit?”
“Thank you, all. This has been great.”
“When you conduct the investigation, the attorney-client privilege belongs to the corporation. Each surgeon must tell you, truthfully, all the facts you need to advise the corporation. If any thinks he or she wants a lawyer, that doctor must get separate counsel. Emphasize you only represent the corporation, not the individual.”
“We’re glad to help.” A round of “Goodbyes and stay well.” Editorial Note: The predecessor to Rule 1.13 is Rule 3-600. Upjohn v. U.S., 449 U.S. 383 (1981) gave rise to the expression “Upjohn warning.”
“Makes sense. But suppose a doctor wants me to represent him or her individually?” “You can. So long as you comply with Rule 1.7, the conflicts rule, if there’s a conflict. And also with the provision in Rule 1.13 that requires someone in the corporation other than
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer and co-editor of San Diego Lawyer.
SAN DIEGO LAWYER
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September/October 2020
13
TECHNOLOGY by Bill Kammer
TECH TIPS AND TIDBITS Perfect Preservation Letters
Browser Hazards
Craig Ball, nationally prominent eDiscovery commentator, originally published a suggested preservation letter in 2006, just after the original federal rules amendments. Times and technologies have changed, but attorneys still send letters with much of the 2006 language, especially emphasizing email. Gone are the phonorecords, but now we face mobile devices, social media, ephemeral messaging, and other new types of Electronically Stored Information (ESI).
We all have a favorite browser, whether Chrome, IE, Safari,
Craig has now published his new Perfect Preservation Letter at www.craigball.com/Perfect_Preservation_Letter_2020.
Firefox, or some other. Each has available extensions which theoretically increase usefulness. Your browser will direct to its library of extensions, many contributed by third parties. Like anything else on the internet, we must take care in choosing the tools we install. Daugaard recently reported that 295 Chrome extensions could hijack and insert ads in Google search results; 80 million users had installed those hijacked extensions. AdGuard has provided a link to a list of those extensions at https://bit.ly/368vttN.
pdf. Craig begins with the admonition that his model is not perfect for our case, but it would be a good starting point for a
And we can’t forget to always install updates to our
review and rewrite of our letters. We can eliminate references to infrequent types of ESI and substitute instead appropriate
by the cybercriminals.
selections from Craig’s list of 21 ESI types. Always edit our form after reflection on the appropriateness of its contents
browsers because they themselves are subject to attack
Home Offices
to our particular cases. And I recommend the inclusion of a willingness to cooperate in setting appropriate limits on
Recent reports suggest that the pandemic has altered
preservation and collection efforts.
environment. In this data-driven age, many can remotely
attitudes about the need to work in a traditional office execute most practice evolutions. Reports also indicate
Mobile Phone Backups We keep massive amounts of data on our mobile devices, whether Android or Apple. Google One is a cloud storage service launched in 2018 and extended to Android phone backups late last year. Originally Google priced storage at $1.99 monthly for 100GB. Google recently announced that phone backups would be free.
that many American workers have grown to prefer working at home to their traditional office. Perhaps that explains in part the office vacancy rate in downtown San Diego, which stands at over 35%. Because of those trends, we must confront the security risks in our home offices. It’s not just the risk of leaving applications and documents open on our remote desktops.
In addition, Google announced an IOS application that allows backup of Apple phones. Until now, you may have been using iCloud for backups but that free storage ends at 5GB. Switching to the Google IOS app will provide a free cache of 15GB to store the photos, videos, contacts, and calendar events on your iPhone. That is the current situation, but Apple
For instance, a recent study indicated that home networks
may soon meet the competition.
at least one malware infection.
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September/October 2020
are 3.5 times more susceptible to malware than business networks. That report reminds us to pursue all protections that enhance the integrity of our home Wi-Fi networks. Nearly half of the same organizations reported that one or more devices, accessing a network from home, contained
Guidance to perfect protection of a home network would
retained by individuals and businesses. Opposing attorneys
require another article, but you can make an easy start
continue to debate the appropriate search terms and often
by ensuring that your home network does not have open
cannot agree. In a recent Michigan case, the parties had
backdoors (“ports”) that hackers can easily exploit. Security
reached an impasse, and so referred the resolution of
consultant Stan Gibson maintains network tools that can
the issues to their Magistrate Judge. That judge quoted
help you identify vulnerabilities including his “ShieldsUP!”
an earlier case: “for lawyers and judges to opine that a
port scanning service. His site is safe, so just go to
certain search term or terms will be more likely to produce
www.grc.com/shieldsup and get started.
information than the terms that were used is truly to go where angels fear to tread.” He then stated that he had “no
COVID-19’s Effect on ESI Data
interest in going where angels fear to tread,” and ordered the parties to attempt agreement stating that they would have to
Precise identification and collection of electronically stored information is key to compliant electronic discovery execution. Craig Ball’s letter list of 21 data types is really
split the cost of an expert if they cannot do so. For years, attorneys have had disputes of this sort and
a freeze-frame of the present situation. But the present pandemic is affecting the data types that may become key
are often frustrated trying to please everyone. Our lack of
to electronic discovery. Working at home, conferencing on
experience with stem searches and wild cards has produced
Zoom, and collaborating on networks such as Slack formerly
some incredible results. In a case involving mining, the
produced minor amounts of potentially relevant data.
parties thought “min!” would assist them in retrieving words
However, the pandemic world has promoted those data
such as mining, mines, and miners. They didn’t realize there
types into a more important source of relevant information.
are about 300 English words that begin with “min.” Before
Tools for capturing, collecting, and analyzing those new data
agreeing to any search term of that sort, at a minimum, visit a
types represent new challenges to our ethical discovery
website such as morewords.com to determine whether your
responsibilities.
terms are about to harvest too much ESI.
Search Terms
Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.
For years, lawyers have used search terms to attempt effective collection of relevant data from the mass of ESI
Learn more about the 2021 Board of Directors candidates at sdcba.org/boardelections The election will take place online from October 14 through November 13, 2020. All SDCBA attorney members are eligible to vote in the 2021 election.
Brent M. DOUGLAS
Michelle A. GASTIL
Stacey A. KARTCHNER
Brenda LOPEZ
Robert M. SHAUGHNESSY
George SEYMOUR
AT-LARGE CANDIDATES
Voting Closes November 13
Angela MEDRANO REGIONAL (NORTH COUNTY)
CANDIDATE
BUSINESS OF LAW by David Majchrzak
TAKING CARE OF BUSINESS ASSESSING YOUR FIRM’S PROFESSIONAL RESPONSIBILITY COMPLIANCE
O
n its website, one safety inspection provider lists
contribute to lawyers who struggle to reach the minimum
several reasons for employers to use its services.
opting to pad their bills. Or, on a less obvious front, they
Such inspections explore whether safety and health
could inadvertently yield inefficiency — or worse yet,
policies and procedures are being followed; identify and
errors — from lawyers who work too many hours without
correct safety and health hazards before they cause injuries
taking the breaks needed to work at an optimal level.
or illnesses; determine the need for safety training; and show employees that the business is concerned about their safety
I also like to look at what firms feel are their strengths.
and health.
Often those are the areas that are unchecked because they have traditionally performed well. Plus, over time, as Professor
These same reasons, translated to the professional
Dorothy Leonard noted, core competencies can evolve into
responsibility context, similarly apply to why law firms should
“core rigidities,” sometimes standing in the way of progress.
conduct ethics assessments on a regular basis: they identify
In that way, past successes can impede change and adoption
opportunities to improve policies, assess compliance with
of new modalities that may be more efficient, more profitable,
existing policies, and demonstrate to all at the firm that
or simply necessary, such as to comply with changes in the
ethical responsibilities are taken seriously. And, because
Rules of Professional Conduct or the State Bar Act.
Rule of Professional Conduct 5.1 requires lawyers with managerial authority to “make reasonable efforts to ensure
On the flip side, I ask what are a firm’s weaknesses.
that the firm has in effect measures giving reasonable
Perhaps more intuitively, the responses to this question
assurance that all lawyers in the firm conform to the Rules of
usually also key in on areas of need. But it is largely
Professional Conduct,” it could help satisfy a duty.
because they are neglected or at least marginalized as being “less important.” For example, lawyers who are less
When conducting law firm assessments — a fellow
organized may acknowledge that fact, but embrace their
professional responsibility lawyer suggested that I cease
approach as some form of controlled chaos. But the same
calling them audits because of the anxiety the word
lawyers are at a higher risk for having issues with diligence
causes — I have found that an easy way to locate potential
or missing deadlines.
areas of concern is to first look at what conduct the firm rewards. Even very positive conduct has potential negative
Another important step is examining how a law firm is
repercussions. For example, firms that place a heavy
operating to satisfy obligations. This entails a review
emphasis on billing requirements encourage their lawyers
of both policies and execution. For example, to protect
to improve their craft by maintaining a regular, heavy
confidentiality, a firm may have a policy holding that work on
involvement in the practice. But, such policies can also
clients’ matters may only be performed on firm equipment,
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Many policies and procedures are well-aligned with the goal
“It is often far too easy for lawyers to focus exclusively on client matters and lose sight of managing the law firm’s operations. But that is a critical aspect, and one that should be regularly monitored and assessed.”
of determining whether the lawyer and client are good fits for one another. These might include having a client vetting committee or some matrix or other tool to assess whether the client and firm are good matches. Telling signs that a new process should be considered include withdrawals from or substitutions out of multiple cases, significant accounts receivable, and recurrent feelings that the firm has “difficult clients.” Of course, there are many facets of a firm’s operations that can be examined to improve risk management. These can include, among other things, accounting, billing, calendaring, client screening and relationships, conflict management,
which is set up to work only when it is behind a firewall or while attached to a virtual private network. But, in practice, some individuals may be electing to take work home on a flash drive — rather than taking the firm laptop — and working on the matter on a shared personal computer, imperiling confidentiality.
records management, and staff management and training. It is often far too easy for lawyers to focus exclusively on client matters and lose sight of managing the law firm’s operations. But that is a critical aspect, and one that should be regularly monitored and assessed.
Finally, the way that firms take in clients may impact a lot of the risk they bear. Everybody knows to do a conflict check before accepting an engagement. But from firm to firm,
David Majchrzak is Deputy General Counsel and a Shareholder at Klinedinst PC.
there are wild differences in what happens next.
Kathryn Karcher will go the distance for your client’s appeal. Hire her, before the other side does.
karcherappeals.com Certified Appellate Specialist, Board of Legal Specialization, State Bar of California
IT HAPPENED (IN PART) IN SAN DIEGO CONSTITUTIONAL RIGHT TO ATTEND COURT PROCEEDINGS1 By Edward McIntyre
I
n pre-pandemic times — remember them? — one could
The San Diego Union and The Evening Tribune, Copley’s
slip into a courtroom to watch voir dire in a criminal
other San Diego paper. Bruce Sanford, in Washington,
case. Attend a preliminary hearing. With good lawyers,
spearheaded the national amicus campaign.
instructive; fun, even. But it wasn’t always so. The California amicus brief strove to teach the Court the After Hovey2 in 1980, trial courts routinely ejected journalists
history and function of voir dire in California and, importantly,
and public from voir dire in death penalty cases. Worse, on
to demonstrate that Brown was not unique. The brief
a defendant’s unilateral demand, courts chased journalists
identified 25 other cases in which, post-Hovey, trial courts
and the public out of preliminary hearings.3
had closed voir dire to the press and public.
When a San Diego journalist was expelled, The San Diego
Jim Ward argued. The result: Press-Enterprise I.5 Open
Union, then a Copley Press newspaper, filed writ petitions.
criminal trials are constitutionally mandated, including
The Press-Enterprise, a Riverside paper, joined as amicus.
voir dire — the presumption of openness overcome only
To no effect. When it happened in Riverside, The Press-
by an overriding interest that closure is essential to preserve
Enterprise filed writ petitions, with The San Diego Union as
higher values; narrowly tailored to serve that interest;
amicus. Jointly they petitioned the United States Supreme
and articulated with specific findings. A high bar against
Court for certiorari.
secret proceedings.
James Ward — now retired Justice Ward — of Thompson &
Then, Riverside charged Robert Diaz, a nurse, with
Colgate represented The Press-Enterprise; Gray Cary Ames
murdering 12 patients. It sought the death penalty. In
& Frye’s First Amendment team represented The San Diego
California a preliminary hearing, constitutionally mandated,6
Union. And so it went, back and forth, San Diego, Riverside,
is far from routine. The Diaz hearing lasted 41 days with 4,000
Washington — without success.
pages of transcript — but behind doors closed to the press
4
and public. The court ordered the transcript sealed until Diaz Then Albert Greenwood Brown raped and murdered a
waived jury, a year later. Jim Ward filed writ petitions, with
teenage girl. Riverside sought the death penalty. The trial
Gray Cary in support.
court not only barred the press and public from almost all the six-week voir dire, but also sealed the transcript
Nothing happened — until the Supreme Court again granted
after the jury was seated, even after it convicted Brown.
certiorari. The Gray Cary team, this time with Hal Fuson and
California appellate relief failed; the Supreme Court,
Copley Press prominently in the lead, represented more than
however, granted certiorari. Gray Cary’s team, together
20 newspapers, TV networks, and press associations on the
with lawyers in Oakland, put together two dozen
California amicus brief; Bruce Sanford again shepherded the
amici curiae of California publications, including
national effort.
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The California amicus brief educated the Court about the unique function of preliminary hearings in California — with length and complexity like criminal trials. In Diaz, the hearing lasted 41 days and 42 witnesses testified; defense counsel
Footnotes 1.
The United States Constitution, signed September 17, 1787, celebrated its 233rd birthday in 2020.
cross examined each; and 80 exhibits were admitted. In another case, then ongoing, the preliminary hearing had lasted 16 months, with the defense only beginning an estimated six-month presentation. The brief also gave the Court the most recent court statistics: in a single year, 98,000
2. Hovey v. Superior Court (1980) 28 Cal.3d 1, 80. The Court declared voir dire dealing with death-qualifying issues “should be done individually and in sequestration.” It required questioning to be “outside the presence of their fellow venirepersons.” Id. at p. 81. Trial courts, applying Hovey, closed voir dire to the public and press.
felony complaints filed and 52,000 preliminary hearings held, but only 8% of those cases tried.
3. Penal Code § 868, adopted in 1851, subsequently amended to permit closure only when necessary to protect a defendant’s fair
Jim Ward returned to the Court. He came away with another win: Press-Enterprise II — a First Amendment right of access to preliminary hearings in California.7 The Copley family — and editor, Gerald Warren; managing
trial right. 4. That team at its fullest included now U.S. District Court Judge Marilyn Huff; now Superior Court Judge Laura Halgren; DLA Piper partner John Allcock; and Edward McIntyre. Harold Fuson Jr., when he became Copley Press’ general counsel, joined the effort.
editor, J.D. Alexander — deserve singular credit for supporting San Diego’s role in these important First
5. 464 U.S. 501, 510 (1984).
Amendment victories. A long and costly battle to secure a constitutional right. Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer and co-editor of San Diego Lawyer.
6. Hawkins v. Superior Court (1978) 22 Cal.3d 584, 586-587. 7. 478 U.S. 1, 10 (1986).
2020 DISTINGUISHED LAWYER MEMORIAL VIRTUAL RECEPTION October 14, 2020 | 5:30 p.m. - 7:30 p.m.
The 2020 Dis�nguished Lawyer Memorial Virtual Recep�on will honor the 2020 inductees who demonstrated superior legal skills, high ethical standards and service to our community throughout their life�mes. We will bring together virtually family, friends and colleagues of the honorees to celebrate their dis�nguished careers and community service and to honor their legacies. We hope you will join us by registering today.
Andrew S. Albert
Judge David Bar�ck
Craig D. Higgs
Roberta R. Sistos
Michael T. Thorsnes
Judge Leollia “Leo” Valen�ne, Jr.
Donald R. Worley
To register or to make a dona�on on behalf of a 2020 Honoree, please visit www.sdcbf.org/dlm20
23rd Annual
An Evening in La Jolla Friday, November 13, 2020
The Best Virtual Legal Party in Town!
Same great event, from the comfort of your home. Enjoy great food, drinks, auction prizes and more.
sdcbf.org/elj2020 A benefit that supports San Diego legal charities 20
619-231-7015 | July/August 2020
SAN DIEGO LAWYER
info@sdcbf.org
sdcbf.org
How the Legal Community Created the Largest Pro Bono Program in San Diego History About a month into the COVID-19 Pandemic, a group of local attorneys joined
together as part of a court-appointed Civil Working Group to identify solutions to the unprecedented backlog of cases facing the courts and came up with the idea for Resolve Law San Diego (RLSD). RLSD offers litigants the opportunity to connect with a retired judge or a qualified local attorney to hear discovery issues, law and motion matters, or participate in mediation all free of charge. While not a court-sponsored initiative, it provides any consenting parties in litigation or prelitigation the ability to have their matters heard quickly and avoid adding to the workload of the courts. “The idea is, if two parties have a dispute, they can use our program for discovery disputes or law and motion matters,” said RESOLVE Law San Diego Chair, Amy R. Martel. “We’re trying to make it as easy as possible to help our colleagues that need cases pushed through.”
A Vision Becomes A Reality In early May, Gayle Blatt, President of the San Diego County Bar Foundation (SDCBF) heard about the vision for RLSD and quickly identified the need for SDCBF to lend its support. The RLSD mission aligned perfectly with SDCBF’s primary goal to provide access to justice. Upon learning about the positive impacts RLSD would have on the San Diego court system, a partnership was formed. “This groundbreaking pro bono program fits squarely with our mission and assists the community in obtaining access to justice,” said Gayle Blatt, President of the SDCBF. “The San Diego County Bar Foundation is proud to work with the dedicated Resolve Law committee and the hundreds of San Diego lawyers and retired judges who are volunteering their time to assist litigants during these very challenging times.” In less than three weeks, the SDCBF staff and Board worked with the leadership team of RLSD to create the RLSD website (www.resolvelawsandiego.com), including the supporting technologies, and documents required to get this ambitious program off the ground.
Within days, over 200 local attorneys and retired judges volunteered to address pending cases through mediation, handle law and motion, and discovery disputes in civil, family and probate matters.
Moving Forward To date, over 270 neutrals have volunteered to hear legal matters free of charge, and 60 cases have been heard. While RLSD was originally intended to last for 120 days it has now been extended through the end of 2020 to continue providing this important service to our community. Its early success has garnered the attention of legal communities across the country as other attorneys work to create their own program based on RLSD’s vision. RLSD is possible due to the efforts of its founding committee members, the SDCBF, and most importantly the San Diego legal community members who have volunteered their time to this program. For more information about RLSD and how you can get involved, or to use the program on any qualifying case, visit www.resolvelawsandiego.com. By funding important nonprofit organizations and supporting programs such as RLSD, the San Diego County Bar Foundation is working to make lasting change throughout the San Diego region. For more information about SDCBF, or to make a donation to support programs like this one, visit www.sdcbf.org/donate. Committee members: • Amy Martel (Chair), Chihak & Martel • David Casey, Jr. , Casey Gerry Schenk Francavilla Blatt & Penfield • Heather Rosing, Klinedinst PC • Benjamin Bunn, Bunn Law Group • William Low, Higgs Fletcher and Mack • Alan Brubaker, Wingert Grebing Brubaker & Juskie • Deborah Dixon, Dixon Diab & Chambers
• • • • • • • •
N. Ben Cramer, Carroll Kelly Trotter & Franzen John Gomez, Gomez Trial Attorneys Ana M. Sambold, Sambold Law & ADR Services Janice Brown, Brown Law Group Jenna E. Hackett, Feuerstein Murphy & Beals Patricia A, Coyne, Kimball, Tirey & St. John LLP Shannon N. Montisano, Hughes & Pizzuto Sean Ponist, Ponist Law Group
21
NOW IS THE PERFECT TIME TO START A MINDFULNESS PRACTICE. HERE'S WHY! By Gayani Weerasinghe
C
OVID-19 brought new
So what can you do?
challenges to say the least. We are constantly
bombarded with 24-hour news cycles reporting on all the things that are going wrong, exposed to millions of unknown cues on social media about the deaths, the health issues, and the risk to us and our loved ones. The constant stress activates your fightor-flight response for a prolonged period, even if you are not aware of it happening.
Effect on our brains Our brains are good at looking for danger. An article in Psychology Today points out, "our prehistoric ancestors who survived were the ones who were best at spotting danger."1 Those genes from our ancestors are still active in us today and even without a pandemic, they often contribute to chronic stress issues. The long-term activation of the stress-response system and the overexposure to stress hormones put you at high risk for developing, among other things, “anxiety, depression, digestive problems, headaches, heart disease, sleep problems, weight gain, as well as memory and concentration impairment.”2 The fight-or-flight response is controlled by the sympathetic nervous system and while this response is designed to help us survive an attack from a predator in the jungle, it is not a great system to keep active for an extended period of time.
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Mindfulness and meditation practices are emerging as tools for helping reset our brains, and help with a wide range of both physical and mental conditions.3 A fellow San Diego attorney and chair of the SDCBA's Wellness Subcommittee, Marta Manus, shared with me her own experience of starting a mindfulness meditation practice to address the chronic stress she faced as a litigator. She was having ocular migraine headaches, a condition where a headache is accompanied by changes in vision. 4 When she sought medical help, she learned it is a physical manifestation of chronic stress. While the doctors were willing to prescribe an anti-anxiety medication, which was the normal form of intervention, she sought refuge in a different tool: she learned about mindfulness practices. According to the Mayo Clinic, “mindfulness is a type of meditation in which you focus on being intensely aware of what you are sensing and feeling in the moment, without interpretation or judgment.”5 “Clinical trial data of mindfulness practices are showing quality improvements against stress, anxiety, pain, depression, insomnia, and high blood pressure.”6 Reported benefits include “improved attention, decrease in job burnout, improved sleep, and improved diabetes control.”7 As for Manus, her diagnosis led her to change her lifestyle, and how she responds to opposing counsel, to her
September/October 2020
clients, and to other challenges brought on by being a litigator. I have been a mindfulness practitioner and an enthusiast since I started a practice while preparing for the bar exam six years ago. Similar to Manus’ experience, incorporating mindfulness techniques has immensely improved my quality of life. Here are some tips for starting your own mindfulness practice. • Start small. You are already taxed for your attention and your time, but you can incorporate a mindfulness practice for 1-5 minutes and then build on it. Pick a time of day and set a schedule; it helps to build mindfulness as a habit. Atomic Habits by James Clear is a great resource for building habits. • Don't try to be perfect! Just like with physical fitness, for mindfulness, you will need to be patient and consistent to see gains. • Mindfulness can be as simple as when you sit down to check email, before you open your laptop, sit still, close your eyes, and focus on your breath. Start with three to five deep breaths, where you breathe in through your nose for three counts, hold for a second, and breathe out through your mouth for six counts. Exhale is longer than inhale; this signals your body to relax. • Listen to a guided meditation. If you are finding it difficult to focus or turn off your active mind, having an instructor guide you through
THANK YOU a meditation helps. Insight Timer is a free app, with 10,000-plus meditations. YouTube also has plenty of free meditations. • Do a walking meditation — you don't need to sit still to do a meditation. • Join the SDCBA's Wellness Wednesday. Look online for more information. • Think of it as something fun, yielding long-term health benefits for you!
Gayani Weerasinghe (gayani@lawgrw.com) is an Intellectual Property & Business Law Attorney for the Law Offices of Gayani R. Weerasinghe, helping small businesses and entrepreneurs with their legal needs. She is also the host of the YouTube channel Inventive Mind.
Footnotes:
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, or by request at any time. If you are interested in upgrading, contact mbr@sdcba.org. For more information, please contact our Member Services Department at (619) 231-0781 x3505.
PATRON MEMBERS Marc D. Adelman
Stephen M. Hogan
Doc Anthony Anderson
Richard A. Huver
Mylinh Uy Arnett
Fred C. James
Jane Allison Austin
A. Melissa Johnson
Hon. Victor E. Bianchini
Carla B. Keehn
Jedd E. Bogage
Garrison “Bud” Klueck
Connie Broussard
Don S. Kovacic
James A. Bush
Steven Henry Lorber
Adriana Cara
Garrett Marshall
Jose S. Castillo
Lilys D. McCoy
Andy Cook
Jillian M. Minter
Steven T. Coopersmith
Raymond J. Navarro
Ezekiel E. Cortez
Virginia C. Nelson
Taylor Darcy
David B. Norris
Warren K. Den
Anthony J. Passante
Thomas M. Diachenko
Kristin Rizzo
John A. Don
Michael J. Roberts
1. Eva Ritvo, M.D., "Our Brains on Coronavirus," Psychology Today (March 1, 2020), https://www.psychologytoday. com/us/blog/vitality/202003/our-brainscoronavirus.
William O. Dougherty
Ana M. Sambold
Alexander Isaac Dychter
Wendi E. Santino
2. "Chronic Stress Puts Your Health at Risk," Mayo Clinic, https://www.mayoclinic.org/ healthy-lifestyle/stress-management/ in-depth/stress/art-20046037 (last visited Aug. 3, 2020).
Nicholas J. Fox
Pamela J. Scholefield
James P. Frantz
Khodadad Darius Sharif
3. Alvin Powell, "When Science Meets Mindfulness," The Harvard Gazette (April 9, 2018), https://news.harvard.edu/gazette/ story/2018/04/harvard-researchersstudy-how-mindfulness-may-change-thebrain-in-depressed-patients/. 4. Jerry W. Swanson, M.D., "Ocular Migraine: When to Seek Help," Mayo Clinic, https:// www.mayoclinic.org/diseases-conditions/ migraine-headache/expert-answers/ ocular-migraine/faq-20058113 (last visited Aug. 3, 2020). 5. "Mindfulness Exercises," Mayo Clinic, https://www.mayoclinic.org/ healthy-lifestyle/consumer-health/ in-depth/mindfulness-exercises/art20046356#:~:text=Mindfulness%20is%20 a%20type%20of,mind%20and%20help%20 reduce%20stress (last visited Aug. 3, 2020). 6. Ibid. 7. Ibid.
Matthew J. Faust
Thomas P. Sayer
Sergio Feria
Johanna S. Schiavoni
Jennifer French
Renée N.G. Stackhouse
Erin M. Funderburk
Todd F. Stevens
Douglas A. Glass
Christopher J Sunnen
Richard A. Golden
Genevieve A. Suzuki
Alvin M. Gomez
Kimberly Swierenga
Camille Gustafson
Amanda L. Thompson
Hon. Charles R. Hayes (ret.)
Thomas J. Warwick
Van E. Haynie
Andrew H. Wilensky
Matthew C. Hervey
Karen M. ZoBell
FRIEND MEMBERS Rochelle A’Hearn
Mark Kaufman
Laura Ashborn
Randall E. Kay
Steven Barnes
Marguerite C. Lorenz
Linda Cianciolo
Christine Murphy
David B. Dugan
Anne Perry
Hon. Bonnie M. Dumanis
Kristi E. Pfister
Susan K. Fox
Stella Shvil
Ronald Leigh Greenwald
CELEBR ATING SERVICE
San Diego Lawyer congratulates the 2020 San Diego County Bar Association Service Award recipients. Get to know this year's honorees and read about their inspiration for service on the following pages. For more, view an extended digital version of this feature at sdcba.org/2020-award-winners. To view the beautiful Service Awards Ceremony from September 30, 2020, visit sdcba.org/ceremony.
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Outstanding Attorney Award
Outstanding Jurist Award
Sharon Blanchet
Hon. Gale K aneshiro (ret.)
ABC Family Law & Mediation Center
San Diego Superior Court
Why do you serve?
Why do you serve?
I believe we each should leave this planet in better shape than when
I created many resources because I wanted them and once they
we arrived.
were done, I wanted to share them with the bench and bar so that
Who inspires you to serve?
others would have access to the same legal information in an easyto-understand format.
I am inspired every day by my fellow attorneys who serve our community and the bar in so many ways, while maintaining their law
Who inspires you to serve?
practices and frequently raising a family. On a global scale, I am in
My husband has been my main cheerleader; without his support
awe of people like Jane Goodall.
over the 40-plus years of our marriage, I would not have been able
What advice would you give others to inspire them to serve?
to accomplish the work I did.
In my experience, the gratification one receives when being of
Your favorite quote?
service far outweighs the time and energy spent being of service.
When I was a teenager and complaining about something or
Your favorite quote?
another to my mother, she responded, “You may think you have it bad, but many others have it worse.” This quote has stayed with me
"Be the change you wish to see in the world."
all these years and has provided solace whenever I was feeling sorry
— Gandhi
for myself.
Cherished advice?
How does serving benefit the legal community?
When I first became a lawyer, Michael Shea said, "Don't forget to
In my case, over the years I created and shared many legal
read the documents!”
resources. Just before I retired, I completed the revision of two
How can others make giving back part of their daily lives? Think of small ways to give back and expand when you can.
resources for judges, “The Jury Trial Script” on how to conduct a pre-trial conference and a jury trial for judges new to a criminal law assignment, and “The Batson/Wheeler Motion” on how to handle the motion during jury selection.
In what ways does serving the wider community benefit the legal profession?
The jury trial script, at 85 pages with over 250 footnotes, has been
My observation from being involved in the legal community since
used by most of the judges appointed to the superior courts in the
1969 is that many lawyers give to the community in many ways. We live in this community, so we benefit. Also, by giving to the community, it enhances our reputation. The SDCBA’s Law Day theme this year is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” What does this mean to you in your work and in your daily life? This is a critical election year. We need to stay informed and involved. It is important for everyone to vote.
state in the last 25 years. The one-page Batson checklist has 56 pages of backup information with over 200 footnotes containing hundreds of cases. Both of these revised resources were my parting retirement gifts to the California judiciary. The SDCBA’s Law Day theme this year is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” What does this mean to you in your work and in your daily life? It is so important for every citizen to vote. As President Obama so succinctly put it, “Elections have consequences.” I have always tried to follow (in my personal life) and apply (in my professional life) the law as interpreted by the appellate courts, whether I agreed or not; precedent is the stabilizing force in our profession.
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September/October 2020
25
Community Service Award
Community Service Award
Commissioner Pennie McLaughlin
Rob Shields
San Diego Superior Court
Wilson Turner Kosmo LLP
Why do you serve?
Why do you serve?
There is a great need in many communities for help to reduce the
My Christian faith moves me to look to the interests of others. I try
struggle for people day to day. I believe it all begins with having an
to love as I have been loved, and be generous with my time and
awareness of the different obstacles people face and the continuous
resources because I have been blessed. But, the primary reason I
question of how we can solve the problems and bring some portion
serve is because it’s fun.
of struggle to an end. Who inspires you to serve? Who inspires you to serve? Judge Ipema and the other leaders of the National Association of Women Judges have greatly inspired me. My inspiration also comes from seeing something that needs fixing and believing in the possibilities of what we can do together. What advice would you give others to inspire them to serve? My main advice is that you do have time. No matter how busy you are or how many things you are juggling, you would be surprised at what your contribution can add to the collective effort.
My wife, Cheryl, inspires me to serve others. She walks the walk. Since our triplets were born 17 years ago, Cheryl has worked full time (as a volunteer) serving others in our community. She is constantly on the lookout for people to support and encourage. Your favorite quote? “There is no limit to the amount of good you can do if you don't care who gets the credit.” — Ronald Reagan In what ways does serving the wider community benefit the legal profession?
Your favorite quote? “True peace is not just the absence of tension, but the presence of
The legal profession and its lawyers were once portrayed positively
justice.” — Martin Luther King Jr.
as Perry Mason or To Kill a Mockingbird's Atticus Finch, seeking the
In what ways does serving the wider community benefit
all costs. Engaging with the San Diego community through public
the legal profession?
service will hopefully change the public’s perception of lawyers to
The possibilities for change and for good are wide-ranging, and
be true servants. Serving the wider community also reminds those in
truth. The perception today is that lawyers’ only pursuit is victory at
when attorneys and judges pitch in together, we make a difference.
the legal profession that there’s more to life than work, and that often
For example, when Judge Terrie Roberts and I hosted the first
more good can be accomplished while out in the community than in
NAWJ inmate jail book club in 2015, the women’s remarks brought
the courtroom.
tears to our eyes. They expressed such profound gratitude that we found them worthy enough to buy them books and then spend our
The SDCBA’s Law Day theme this year is “Your Vote, Your Voice,
personal time on a Thursday night with them. Through these efforts,
Our Democracy: The 19th Amendment at 100.” What does this
by serving our community, we are viewed through a better lens and
mean to you in your work and in your daily life?
people often come to realize the importance of all of the good that
The theme suggests that for democracy to work, each vote and
attorneys contribute along with the judiciary.
every voice must be heard, regardless of whether we agree with that
The SDCBA’s Law Day theme this year is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” What does this mean to you in your work and in your daily life? I believe that every day we should work to inspire people to take a stake in their communities, to stand up and be counted. One way to accomplish this is for each person to exercise his or her right to vote and help elect leaders into positions that will bring about the changes and improvements we seek to better the lives of everyone.
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September/October 2020
opinion, voice, or vote. Democracy is predicated on our collective, but different, votes and voices. To cancel or shame individuals in a free society for holding a disagreeable belief undermines our democracy and further divides us as a nation. Moreover, it stunts our ability to learn from each other.
Service to Diversity Award
Service by a Public Attorney Award
Bhashini Weer asinghe
Rosalina Spencer Leon
Law Office of Bhashini Weerasinghe
Legal Aid Society of San Diego, Inc.
Why do you serve? I serve because it is needed and it makes me feel good to give back. There were those who came before me and who paved a path that made it easier for me when I started my journey and it is necessary
Why do you serve? I believe access to legal services for everyone is vital. Who inspires you to serve?
to continue to develop that path for those who are on this journey
Not everyone is in a position to help themselves and I’ve always
alongside me and those who come after me.
been drawn to amplifying those voices.
Who inspires you to serve?
What advice would you give others to inspire them to serve?
There are so many who inspire me, but the standouts in my mind
As a society, we could all benefit from having empathy toward
are my parents. No matter what was happening in their lives, they
others in our community.
always found a way to serve their community.
Your favorite quote?
What advice would you give others to inspire them to serve?
"No dejes para mañana lo que puedas hacer hoy."
Do what you can, when you can, for as many people as you can.
Don't leave for tomorrow what you can do today.
Keep your eyes open for opportunities to get involved and to give back. Life has an unspoken rule that the more you give back, the
Cherished advice?
more you get out of it.
Take each problem one step at a time.
Your favorite quote?
If you could magically change one thing about the world, what
“Success is never final; failure is never fatal. It’s courage that counts.” It is often attributed to John Wooden or Winston Churchill. Whoever said it, I love it. In what ways does serving the wider community benefit the legal
would it be? Eliminate poverty. How can others make giving back part of their daily lives? Start small, in your own community.
profession? When you work with the wider community, you can help whatever cause you are getting involved with, help that cause grow by
The SDCBA’s Law Day theme this year is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” What does this
introducing it to your network, but also assist the community in
mean to you in your work and in your daily life?
seeing attorneys as more than a stereotype or a punch line in a joke.
This theme is important because the clients that I serve deserve to be heard and have been disproportionately unrepresented in our
The SDCBA’s Law Day theme this year is “Your Vote, Your Voice,
government.
Our Democracy: The 19th Amendment at 100.” What does this mean to you in your work and in your daily life? The right to vote is one I have always valued and exercised because in a democratic society, representation matters. While we have a long way to go to achieve parity and equality, to think that women were not able to vote 100 years ago and black men were not able to vote 150 years ago, shows that through protests and advocacy, culture and norms do change.
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September/October 2020
27
Service to the Legal Community Award
Outstanding Service by a New Lawyer Award
Valerie Garcia Hong
Catherine Asuncion
Garcia Hong Law APC
Klinedinst PC
Why do you serve?
Why do you serve?
I enhance my own life by improving and strengthening the
It just comes naturally to help where I have something to offer.
community where I work, live, and play. Where the pandemic has upended how we live and shown us what may be out of our control,
Who inspires you to serve?
volunteering and service allow us to choose where and how to make
Students and newer attorneys.
a difference in the community. What advice would you give others to inspire them to serve? Who inspires you to serve?
No matter where you are in life, everyone is in a position where
Most recently, I have been inspired by a secret, not-so-secret
they can help someone in some way. If you find where you fit in the
Facebook group of lawyer moms. I learn about moms who are
community and figure out what you have to offer, serving will come
balancing multigenerational households; starting their own law
easily and is always rewarding.
firms or building books of business in BigLaw; mobilizing around Black Lives Matter, gender wage equity gaps, and access to public education; and performing market research on the latest breast
Your favorite quote? “Follow your bliss.”
pump, Peloton, and wine fridge. These are women who roll up their sleeves to make an impact on our community.
How can others make giving back part of their daily lives? Befriend a student or newer attorney — just being a true friend,
Your favorite quote?
supporter, or mentor is giving back.
“If they don’t give you a seat at the table, bring in a folding chair.” In what ways does serving the wider community benefit
— Shirley Chisholm
the legal profession? In what ways does serving the wider community benefit
I think it is important for lawyers to serve the wider community
the legal profession?
regardless of any benefit to the legal profession because we have a
I’ll say it again: We enhance our lives by improving and strengthening
unique skill and we should use it to help people and causes that do
the community where we work, live, and play.
not have immediate access to our abilities.
The SDCBA’s Law Day theme this year is “Your Vote, Your Voice,
The SDCBA’s Law Day theme this year is “Your Vote, Your Voice,
Our Democracy: The 19th Amendment at 100.” What does this
Our Democracy: The 19th Amendment at 100.” What does this
mean to you in your work and in your daily life?
mean to you in your work and in your daily life?
There were champions that came before us who fought tirelessly
To me, it means that everyone should vote and advocate for what
to give women the right to vote. Where American working women
they believe in. And women should take full advantage of the
are still earning 80 cents of every dollar paid to men for the same
independence, freedom, and opportunities that came with the
work, where women are leaving law firms because of systemic
right to vote.
issues like business origination, client development, or managing multigenerational households, and where COVID-19 will have significant economic consequences for women in the workplace, this year’s celebration of the 19th Amendment is a bold reminder that the fight is not yet over.
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Distinguished Organization Award
Jewish Family Service of San Diego Answers provided by Kate Clark, Senior Director of Immigration Services What inspired you to start this program?
Thank You Title Sponsors:
Since Jewish Family Service of San Diego (JFS) started in 1918, we have been continuously serving immigrants and refugees at the border — of all religions and backgrounds — providing quality pro bono legal services and humanitarian support. What motivates you, your staff, and your volunteers to continue serving the community in this way? I am incredibly proud of the way JFS works as a team, armed with knowledge and expertise, and committed to improving the lives of all. Related to our work at the shelter or our asylum legal service provision, the individuals and families we serve have given up everything to escape and journey to safety. Seeing their struggle and sacrifice toward a better life is inspiring. We may not be able to make policy changes day to day, but we can make changes in people’s lives — one at a time — and ensure they are treated with dignity and respect. The SDCBA’s Law Day theme this year is “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100.” What does this theme mean to you in your work and in your daily life, and to the work your organization does? Some of the days the JFS staff is most proud are when we’re able to help someone naturalize. They’ve gone from a “stranger” to a new citizen, and they’re able to add their voice through their vote in their new country — regardless of gender orientation.
Thank You Friend Sponsors: Alison K. Adelman Marc D. Adelman N. Denise Asher, Esq. Barger & Battiest Law, APC. Myra Chack Fleischer, Fleischer & Ravreby Amy Gonzalez
In general, we are constantly working with people who are trying to change their lives — asylum seekers, Dreamers, refugees — while also advocating on their behalf so their rights and dreams remain alive and well.
Stacey A. Kartchner, Law Office of Stacey A. Kartchner PC Gregory Knoll The Law & Mediation Office of Julie O. Wolff Brenda Lopez, CFLS Johanna S. Schiavoni Stackhouse, APC Tamera M. Weisser, Jones Day
CELEBR ATING SERVICE
San Diego’s Federal Judges:
Serving the Community One Student at a Time By Anne Kammer
I
t is hopefully an unassailable point that judges make our society a better place simply by showing up and
to students in the western United States and Pacific Islands. San Diego’s federal bankruptcy bench sponsors the Credit
doing their job: presiding over proceedings in their own
Abuse Resistance Education (“CARE”) Program to teach high
courtrooms, considering parties’ arguments, and making tough decisions justly, efficiently, and transparently. This is no small thing as research demonstrates that for citizens to feel the justice system is fair, they must have the opportunity to be heard. That’s the job. But what about off the bench? The commentary following Canon 4 of the Code of Judicial Conduct for United States Judges counsels that “[c]omplete separation of a judge from extrajudicial activities is neither possible nor wise; a judge should not become isolated from the society in which the judge lives.” The members of San Diego County’s federal bench have taken this ethical admonition to heart, serving the community in numerous ways beyond the courthouse doors. However, one of the greatest traditions of service in the Southern District of California is to San Diego’s youth, and it starts in the courtroom. Each year, federal judges across the nation hold in-court events for students as part of the United States Courts’ Open Doors to Federal Courts initiative. San Diego’s federal judges have presided over mock trials run by elementary school students since 1993. With assistance from members of the
school students key financial skills such as budgeting, saving money, managing student loans, and using credit cards. Through these efforts, the local federal bench fosters a better understanding in the community of the role of the judiciary in our system of governance. Activities such as participating in mock trials, observing hearings, and attending educational presentations foster a foundation of critical thinking and civil discourse for San Diego’s students, who will one day be the community’s voters, jurors, and invested citizens. Despite current challenges due to the ongoing public health crisis, federal courts throughout the country remain committed to serving local communities through educational outreach programs and have pivoted to distance learning activities. Federal judges are volunteering their time presiding over virtual court proceedings so that students can continue to learn about the Constitution, the rule of law, and the importance of resolving disputes through orderly and peaceful means. Strong systemic support means that San Diego’s federal judges will continue to have the resources to fulfill a heartfelt mission of serving their community, one student at a time.
federal bar, students participate in realistic but generally
Outreach Programs Committee, which has further facilitated
Editor’s Note: More information regarding the Southern District of California’s Community Outreach initiative, Judicial Learning Center, and educational programs is available on the Court’s website: www.casd.uscourts.gov/judicial-
a positive relationship with local schools.
learning/default.aspx
light-hearted courtroom simulations and learn skills such as evidence-based decision-making. In 2009, the judges of the Southern District of California established the Community
In addition to mock trials, judges host high school students to observe proceedings and sponsor an annual Civics Contest in conjunction with the United States Court of Appeal for the Ninth Circuit, an essay and video contest open
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Anne Kammer (akammer@sandiego.edu) is a career law clerk for a federal judge and an adjunct professor at the University of San Diego School of Law.
CELEBR ATING SERVICE
Incredible Journey Lawyer-Medic, On the Go By Edward McIntyre
T
hanksgiving 2015: Mary Lehman, appellate specialist, saw images of Syrian refugees arriving by boat on Greek shores, homeless, cold, fleeing
war and deadly reprisals. Young parents tossed their baby over a razor-wire fence to a volunteer to get the child out of the cold. Mary, an EMT since college, grabbed her medical backpack, rushed to Greece, and volunteered as a medic on the beaches. The Red Cross hadn’t yet arrived, nor had Doctors
McAllen, Texas 2018: Mary saw reports of asylum-seekers being dumped onto the streets of that border town — children with fevers because of the flu. She called a retired pediatrician in Chicago, whom she’d met volunteering in Greece, and told him they had to get to McAllen. By the next day, they did. They started providing medical care, mostly out of a small Catholic Charities clinic. “It was traumatic. The kids were being kept in ‘the icebox.’ One was so sick with flu, we had to rush him to the hospital. Kids were dying of flu.”
Without Borders. Instead, individuals raced to help the 5,000 refugees arriving each day.
Then Mary volunteered as a lawyer to interview parents in custody because only lawyers were allowed access.
“It was super intense. Life changing. I showed up alone. But I knew I had to do it. The only cure? Keep doing it.” She did. Three times. Twice as a medic and the third time as a lawyer. She’d met a legal support group while working as a medic. Returning as a lawyer, she learned a bit of asylum law and went to the island of Leros, taking a refugee with her to translate. The only lawyer, she started serving Syrian refugees. Mornings, she worked out of a small café; afternoons, from tables and chairs under a eucalyptus tree. She explained basic asylum law; for those who couldn’t read,
Thanksgiving 2019: Back across the U.S.-Mexico border, this time to give asylum handouts to victims seeking refuge in the United States. Then, she volunteered with Al Otro Lado, helping asylum-seekers with applications. When U.S.-based lawyers representing asylum-seekers pro bono needed a lawyer to make Immigration Court appearances, Mary offered. “I was right there. I didn’t know you had to be admitted before the Immigration Court. The clerk was nice. He admitted me the same day I showed up.”
she drew pictures. With early aspirations of becoming a doctor, Mary first became an EMT. Shifting to law school and pursuing her career as an appellate lawyer, she remained an EMT. The first woman “hot shot” — medic on a fire crew — she’s still a medic on the Mammoth ski patrol. She’s volunteered as a medic in the Philippines and in Puerto Rico after a hurricane. Thanksgiving 2018: When an early caravan traveled from Central America through Mexico seeking asylum in the
That led to representing parents caught up in the family separation nightmare — giving up asylum claims thinking they’d be reunited with their children but weren’t. “Asylum work is tough. Stressful. You hear the most traumatic stories. Women, children even, raped. I’m grateful to have the skills — to listen, to learn — to use them to be able to help society. It’s happening in our backyard. You come face-to-face with such suffering. You’ve just got to do it. I’m a better listener for it. It’s been a good journey for me.”
United States, Mary, who speaks Spanish, crossed another frontier — to Tijuana. She hung out a sign with a red cross and “free medical care” and got started. At the same location was a table giving out asylum information.
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer and co-editor of San Diego Lawyer.
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CELEBR ATING SERVICE
Volunteering as a Legal Observer By Kylee Belanger
I
run the Legal Observer (LO) program for the San
contemporaneously exactly how that takedown
Diego chapter of the National Lawyers Guild (NLG).
was performed.
Established in 1937, the NLG is a progressive bar
association dedicated to using law in service of human
The goal of Legal Observation is to deter law
rights over property interests and was the first U.S. bar
enforcement from escalating and using force against
association to be racially integrated. While our most
demonstrators unless absolutely necessary.
visible work is our Legal Observer program, we work
That importance cannot be overstated, as we recently
on myriad progressive causes, including homelessness advocacy, ending mass incarceration, labor and
saw and documented unnecessary escalation at the protests in the city of La Mesa. The NLG strongly
immigration rights, and more.
encourages San Diego law enforcement agencies to
Legal Observers (LOs) are trained volunteers who
not limited to) an independent commission on police
embrace structural change, including (but certainly
attend demonstrations at the request of organizers to observe and document police activity. They monitor and document police actions during First Amendmentprotected activity and any arrests. At times, LOs provide jail and court support to protesters as they wind their way through the legal system. The presence of LOs can put police on notice that their actions are being observed,
practices and a commitment to real accountability to the community, and a dramatic reduction in use of force through a commitment to the precepts of de-escalation both at protests and on the beat. Anybody interested in joining our team should contact khb@kyleehbelanger.com.
which can discourage unconstitutional conduct on the
LOs, especially in San Diego, are generally lawyers and
part of law enforcement.
law students. LOs attend demonstrations to observe and
Protests are incredibly dynamic events; they are loud, confusing, large, and fast. Trying to get a clear picture of what happened, especially when a use of force occurs,
document police activity for the purpose of acting as witnesses of civil and criminal actions that may arise from demonstrations.
requires trained people who know what to look for and can be trusted to tell the unvarnished truth. It only takes a second for an officer to grab someone by the neck and body slam them, and our job is to witness and document
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Kylee Belanger (khb@kyleehbelanger.com) is the Director of the San Diego National Lawyers Guild Legal Observation Program.
THE CRIMINAL JUSTICE SYSTEM AND ITS RELATIONSHIP TO RACE Where Has It Been and Where Is It Going? By Euketa Oliver
O
nce again, citizens find themselves at a crossroad
they were finally able to show documented evidence of the
as they are forced to examine their conscience,
abuse and inhumane treatment they experienced. However,
beliefs, and behaviors surrounding race. Members
the progress of technology was not always a saving grace.
of the legal community must go a step further, to also examine the ongoing and troubling relationship between the
In 1991, Rodney King was brutally beaten on video by four
criminal justice system and race.
Los Angeles police officers, who would be subsequently charged and acquitted in 1992 despite the videos
To begin, one must acknowledge how historically the
documenting the unjustified abuse of King. These acquittals
criminal justice system has been used to systematically
were the final straw for a frustrated community who hoped
instill fear, segregation, and the disenfranchisement of others under the guise of public safety. Throughout time, many laws have disproportionately had a negative impact on people of color. An example of this includes the Jim Crow Laws, a collection of state and local statutes that legalized segregation in areas such as public schools, public places, and public transportation. Not only have people of color been negatively impacted by these types of laws in everyday activities, this has also
that the video would leave no reasonable doubt that beating was unjustified police conduct. The acquittals exacerbated frustrations stemming from racial and economic disparity, and police brutality. The result: five days of protesting and rioting. It has been 29 years since Rodney King’s beating, and African Americans continue to be beaten and killed at the hands of police officers. However, this year the killing of
shown up in the criminal justice system. It is commonly
George Floyd by police officers, during a time that citizens
understood that people arrested and prosecuted are
were emotionally vulnerable because of the COVID-19
disproportionately people of color. The disproportionality
pandemic, has served as the catalyst for a shift toward
exists from initial police contact through sentencing with
people from all walks of life committed to ensure that actual
African Americans and other people of color being arrested
systemic change is implemented to address systemic racism
at higher rates, and sentenced to longer prison sentences
and discrimination. This shift involves communities having
than their Caucasian counterparts.
conversations that, although are difficult, are necessary to effectuate change so that everyone can feel safe in their
Throughout history, many African Americans and other
communities and be treated fairly in our world today.
people of color often spoke out about the abuse and mistreatment they suffered at the hands of law enforcement and other members of the criminal justice system, but those cries and concerns went unheard. Then came modern technology and the use of cellular phone videos. That technology gave these communities hope because
Euketa Oliver (euketa.oliver@sdcounty.ca.gov) is a Deputy Public Defender with the San Diego County Office of the Primary Public Defender, Criminal Defense.
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PETER QUON’S LEGACY: ADVANCING DIVERSITY ONE PERSON AT A TIME By Linh Lam
P
eter Quon was a man of quiet generosity, unmatched
college students during the Vietnam War years and, as
kindness, and inherent goodness. Those qualities
we got older, began to see how the law was a tool that
enabled him to pursue his life’s passion: creating
could empower and bring opportunity to those who were
equal access to justice and increasing diversity in the legal
underserved but deserving.”
profession. “Other than being an amazing and supportive father, my dad was most interested in ensuring equal
It was in college when Peter began building diversity
opportunity for all lawyers of color. He made this point
organizations. He co-founded UC Davis’ Asian American
repeatedly to both my brother and me,” said Jeffrey Quon.
Student Association. It was also in college where Peter
Peter built those bridges of equality by building up diverse
grew flowing shoulder-length hair while sporting his
law students and attorneys. He instilled in them the
signature mustache. Although his hair changed over the
confidence to pursue more than they believed possible and
years, his mustache did not.
helped them put dreams into motion. In 1974, Peter moved to San Diego and attended Western San Diego District Attorney Summer Stephan observed,
State University College of Law. But academics did not
“No person has done more for advancing diversity and
come easily to Peter. He worked hard and persevered,
inclusion in the legal profession than Peter Quon, and he
developing deep empathy for students experiencing the
did it by mentoring and encouraging one person at a time.”
same struggles. Finishing the bar exam with $78 in the bank
Those “persons” number in the thousands, over the course
made him keenly aware of the economic challenges faced
of a 42-year distinguished career in private practice, the
by students and young lawyers. Judge Gale Kaneshiro (Ret.)
Attorney General’s Office, and the San Diego County District
shared that Peter “freely donated his time and finances to
Attorney’s Office.
the causes he believed in; he encouraged the formation of many of the minority bar associations and helped them
But Peter’s story began much earlier. As a child, Peter
with funding.”
attended a racially segregated public elementary school, while his home was located in a racially diverse Berkeley,
In 1997, Peter helped form the Pan Asian Lawyers of San
California neighborhood. Growing up in Berkeley and
Diego in collaboration with retired judges Patricia Cowett,
ultimately through the Vietnam War era, Peter saw waves
Gale Kaneshiro, Lillian Lim and other attorneys. He also
of political empowerment and people of color coming
played a vital role in creating diversity bar associations like
together. Asian Americans were organizing to be a political
the Japanese American, Korean American, and South Asian
and educational force.
Bar Associations of San Diego.
Judge Lillian Lim (Ret.) recalled, “I first met Peter when we
Peter was also known for hosting law students at annual bar
were both 14 years old. We grew up as community-focused
dinners, conducting mock job interviews, serving as a liaison
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While Peter’s many accomplishments included over 40 jury
“While Peter’s many accomplishments
trials and 36 published decisions in state and federal court, and his accolades numbered over a dozen during his legal
included over 40 jury trials and 36
career, his true legacy lies within the many men and women
published decisions in state and
(Ret.), “[Peter] worked tirelessly as a mentor, colleague, and
he mentored and befriended. Said Judge Patricia Cowett
federal court ... his true legacy lies
friend of numerous young lawyers, especially those men
within the many men and women he
transactional skills. He was justly deserving of his many
and women of minority populations, teaching litigation and awards and accolades.”
mentored and befriended.”
Peter’s wish was that others within the legal community continue his mission of mentoring law students and new between county bar leadership and diversity bar associations, and hosting lunches where law students could meet judges and explore the practice of law. Judge John Houston reflected that for over a decade, “Peter brought law students and new attorneys to my courtroom for discussions with my law clerks concerning the responsibilities of serving as law externs and law clerks in federal court and how to prepare themselves for
lawyers and that the county bar leadership and diversity bar associations continue their collaboration. Jerrilyn Malana, a former SDCBA President, remarked, “Peter’s rich legacy lives on through the countless individuals he mentored, and those he inspired to do more to help others. He opened doors and paved the way for so many of us. The light from the many trails he blazed will forever shine brightly.”
the opportunity.” Judge Dana Sabraw noted that Peter “was particularly invested in the advancement of law students and newly admitted lawyers with their careers. They benefited greatly from his sage advice — informed by years of practicing law at the highest levels. Peter brought many groups of young lawyers to my court, where I had the privilege of talking to them with Peter by my side.”
Linh Lam is the Assistant Chief of the San Diego County District Attorney’s Office’s Appellate and Training Division. She currently serves as a Vice President on the San Diego County Bar Association Board of Directors. She previously served on the Pan Asian Lawyers of San Diego Board of Directors for nine years.
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JERRY BLANK: A TRIBUTE By Michael L. Crowley
T
hey called themselves the Equality 9. Young
others, one year I ended up on the front page of the
political activists conducted a sit-in at the county
LA Daily Journal as the new president of the Criminal Defense
administration building demanding equality in
Bar Association. Jerry blew it up on the PowerPoint for his
marriage and were charged criminally. The office of the late,
dinner presentation and made my daughter Emily and me
great Jerry Blank assembled the defendants and volunteer
stand up before those assembled, much to Emily’s chagrin.
attorneys to discuss a strategy. Each attorney discussed why
Jerry quoted from the story that I said my forehead had been
they were there. When it was my turn, I said simply, “when
flattened by beating my head against the wall as a criminal
Jerry Blank has decided a fight is worthwhile and asks for my
defense attorney and now I was giving my first-born child to
help, I respond.”
the cause. Jerry’s approval was authentic and appreciated.
That was the life Jerry Blank lived as the consummate
Jerry was generous. My whole family spent time with
righter of wrongs. The “leave no stone unturned” mentality
Jerry and Mary, his long-time companion and former
of criminal defense was Jerry’s motto. The notion of an
pianist for the San Diego Symphony. He made his condo at
unpopular and sometimes uncomfortable argument would
Mammoth available to us. Jerry was not easy to keep up
never slow Jerry down.
with on the slopes.
After voir dire in the Equality 9 trial, Jerry passionately
The end of Jerry’s life, from what I know, was a series of
argued that the city attorney’s striking of two admittedly
mishaps. He understood the dire prognosis. Determined not
gay potential jurors violated Batson/Wheeler. (At the time
to become an invalid, Jerry attempted to take his own life
we weren’t even sure LGBTQ was a protected class.) Jerry
twice and only in the end, was granted a hopefully peaceful
discussed the injustice and the constitutional violation, and
passing under California’s End of Life Option Act. During that
added the public was watching this trial and will judge us by
time, Jerry sent a cryptic email about taking his own life to
how it is carried out. Judge Joan Weber declared a mistrial,
some friends. A close friend was alarmed enough to call the
and the case eventually settled amicably.
authorities. When the cops arrived at Jerry and Mary’s La Jolla house, Jerry refused them entry. Jerry yelled,
Some old-timers remember Jerry as the attorney who
“if you don’t have a warrant, you’re not coming in.”
dressed up like Carmen Miranda, fruit topping and all
True to the end. I am going to miss that guy.
(Google it) at the annual “Hanger Party.” This was put on with flying partner, Jim Pokorny, a great time for all who attended
Michael L. Crowley (mlcrowley@crowleylawgroup. com) is a criminal law specialist and a former editor of Dicta magazine, the predecessor of San Diego Lawyer.
including the plethora of kids many of us had at the time.1 Jerry was an avid pilot, bragging about his heated hangar at Mammoth when there were feet of snow on the ground. He was a member of the Baja Bush Pilots, flying south of the border whenever he could.
Footnote For years Jerry chaired the defender’s board and often
1. For those interested, send me an email and I will send you
emceed the annual dinner. Always profuse in his praise of
Pokorny’s history of the Hanger Party.
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KEEPING YOUR GENOME TO YOURSELF PRIVACY LAWS AND CONSUMER GENETIC TESTING By Devinder S. Hans
A
genetic revolution has transformed a very
and shared, request that it be deleted, and opt-out of
expensive process available to scientists into a
sale to third parties.
relatively inexpensive product sold to everyone.
However, as collected genetic data increases, so do concerns about its unauthorized disclosure and use.
Privacy Laws
Direct-To-Consumer (DTC) Genetic Testing Services Are Excluded from HIPAA’s Privacy Rule DTC genetic testing is increasingly popular for claimed
Early genetic privacy laws focused on health insurance
insights into health and ancestry, among other topics.
discrimination. Some states passed such laws as early as
Even as more people use services like 23andMe, Ancestry,
the 1970s and California did so in 2011. The federal Genetic
and more than 90 others, DTC providers remain lightly
Information Nondiscrimination Act (GINA) was enacted in
regulated. HIPAA generally does not apply, and the Food
2008, prohibiting genetic discrimination in employment
and Drug Administration (FDA) has only asserted authority
and health insurance (for asymptomatic individuals).
to regulate health-related testing disclosures.
The Affordable Care Act went further and prohibited all health-based discrimination in health insurance.
The privacy implications of genetic data gained wide attention in 2018 with the capture of the so-called
Genetic data in health care is subject to the Privacy Rule
Golden State Killer, who had committed a series of rapes
of the Health Insurance Portability and Accountability Act
and murders 40 years earlier. The suspect, who pleaded
(HIPAA). However, the Privacy Rule only applies to HIPAA-
guilty earlier this year, was identified through familial DNA
covered entities: healthcare providers, health plans, health
search. Using GEDmatch, a public genetic database where
clearinghouses, and business associates of these entities.
users upload test results to research their family trees,
Under GINA, genetic information is deemed to be “health
officers matched crime scene DNA with the suspect’s distant
information” subject to the Privacy Rule even when not
relative. A traditional investigation followed to narrow in on
clinically significant. Covered entities are required to provide
the suspect. The same technique has helped identify almost
a notice of their privacy practices, including uses and
100 suspects and many victims.
disclosures of protected health information. As more genetic information becomes available, privacy Several states have enacted specific genetic privacy laws,
repercussions only increase. In a 2018 study, researchers
but they vary widely, with some requiring informed consent
concluded that once GEDmatch included just 2% of
for testing, regulating access to data, or providing that
Americans (from an estimated 0.5% at the time), more
genetic information is the individual’s property. In California,
than 90% of Americans of European descent would be
the Confidentiality of Medical Information Act prohibits
identifiable. Although several states have explored, and
insurers from disclosing individually identifiable health
the U.S. Department of Justice (DOJ) released an interim
information, which specifically includes genetic history.
policy regulating law enforcement use of forensic genetic
The California Genetic Information Nondiscrimination
genealogy, other users are primarily only regulated by the
Act (CalGINA) expands on GINA to also prohibit genetic
service’s own policies.
discrimination in housing, mortgage lending, education, and public accommodations. The California Consumer Privacy Act of 2018 (CCPA) also applies to genetic testing companies and gives consumers a right to know how their information is used
38
SAN DIEGO LAWYER
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September/October 2020
Efforts to Regulate Genetic Privacy in California In 2013, broad genetic privacy legislation was considered by the California legislature but did not pass. Scientists in
particular expressed concern that its consent requirement would hinder research. For example, under the legislation, genetic information collected to discover genes associated with a particular disease could not be reused for research
ANONYMIZED DATA IS NOT SO ANONYMOUS
related to other diseases.
By Devinder S. Hans
This year, California considered a narrower regulation specific
Privacy laws, such as the HIPAA Privacy Rule, the California
to DTC genetic testing companies and any genetic data
Consumer Privacy Act (CCPA), and the European General
collected or derived from such services. Although passed by the Legislature, the proposed Genetic Information Privacy Act (GIPA) was vetoed by the Governor over concerns that the bill’s opt-in provisions would interfere with mandatory reporting requirements related to COVID-19 testing. Governor Newsom expressed support for strong genetic privacy rights and directed state health agencies to work with the Legislature to develop new legislation that addresses his concerns. The GIPA would have required notice about the DTC company’s privacy practices, including use, disclosure, security, and whether deidentified genetic data would also be disclosed. It would have required user consent not only for collection, use, and disclosure of data but also for the purpose of such activity. Each use beyond that initial purpose would have required separate consent. Finally, it would have imposed criminal and civil liability, depending on the violation.
Data Protection Regulation (GDPR), exempt anonymized or de-identified data from their regulations. Privacy concerns only exist if personal identifiers, such as a name or Social Security number, link the data to an individual. Anonymization involves removing that link such that an individual cannot be reassociated with the data. Techniques include masking (removing the personal identifiers), classification (replacing personal identifiers with a category title), data generalization (e.g., replacing city names with the county or state), noise addition (replacing certain attributes with random values), permutation (swapping values between records), and several others. Unfortunately, anonymized data does not always stay that way when combined with other publicly available information. In 2019, researchers described a method that they claimed could reidentify 99.98% of Americans in any
The Path Forward Is Uncertain
dataset using 15 demographic attributes (such as age and
Although Gregor Mendel, a 19th century monk, is now
gender). Working with anonymized data containing location
known as the father of genetics, his research was virtually
stamps, other researchers were able to identify 17% of the
ignored when first published and not fully appreciated until
individuals with one week of data and 55% with one month
rediscovered almost 40 years later. In the same way, it may
of data. Another researcher showed that he could identify a
take time to fully understand the implications of accumulated
randomly selected person based solely on their anonymous
genetic data and decide on appropriate policy responses.
DNA, age, and state of residence. There are no easy solutions and some geneticists have
Devinder S. Hans (devinderh@gmail.com) is an attorney at law.
even recommended informing anyone providing genetic information that a loss of privacy is likely.
Be a Part of 220 West Broadway’s History The SDCBA wants your stories about life and times at the vanishing old courthouse at 220 West Broadway. Please submit your stories to the San Diego County Bar Association at edmcintyre@ethicsguru.law and hjohnson@sdcba.org.
welcomes
RICH PAUL One of San Diego’s premier employment lawyers now available to help resolve your dispute
EXPERTISE
CREDENTIALS
• 40 years trying and resolving hundreds of high-profile employment cases
• Master Barrister, Enright Inn of Court, 2012 ff.
• Private mediator in select employment cases since 2002
• Listed in Best Lawyers in America since 1987 and Super Lawyers since 2007
• Professor, Labor and Employment Law, USD Law School, since 1996
• Twice named “Best Labor and Employment Lawyer” in San Diego by Best Lawyers (2010; 2013)
• Board Member, National Conflict Resolution Center, since 2015
• Elected Fellow, American College of Labor and Employment Lawyers, 2010
Special expertise in discrimination, harassment, equal pay, free speech, privacy, civil rights, higher education, whistleblowing, qui tam, wrongful termination, and misclassification Available for early dispute and complex case resolution
To schedule a case, please contact Case Manager Kathy Purcell at 619-238-7282 or kpurcell@westcoastresolution.com.
TUMULTUOUS TERMS
THE TWO-BIT MAYOR By George W. Brewster Jr.
G
eorge P. Tebbetts was Mayor of San Diego in 1852, for two months. After that, the City of
San Diego was insolvent and run by a three-member board of trustees for 37 years. It was a tumultuous time in our fair city, and especially for Tebbetts. Tebbetts intended to become a physician, like his father — but gold fever hit him and he sailed to California in 1849, settling in a mining region in central California known as the Middle Fork of the American River, Placer County. In that same year and in that same area of the state, James “Yankee Jim” Robinson, a 6-foot-4 lanky ruffian from either Maine or Australia (the stories vary) built a corral, within which he allegedly stashed stolen horses. It is also reported that he was the first to discover gold and because of his discovery, a small town was named after him — Yankee Jims. It is unknown if Tebbetts encountered Yankee Jim in Placer County, but he likely heard about Jim. Tebbetts had just moderate luck in his search for gold, so he left for San Diego in November 1849. Tebbetts and Philip Hooff operated a hotel and billiard saloon called The Exchange Hotel in Old Town, near where the courthouse stood. The hotel and its two proprietors were immortalized in a satirical book called Phoenixiana by George Derby, who called Tebbetts “Two Bits” because of his small size. Well, size didn’t matter much given his large ambitions. He was elected Councilman for 1851-52, and in January 1852 became the third San Diego Mayor. By then, San Diego had essentially unraveled. The City couldn’t meet its fiscal obligations, and the first sheriff (Agoston Haraszthy) had left to take a seat in the State Assembly.
The New York Times referred to the city as “a flea-infested cesspool and the most godforsaken rathole on Earth.” As noted in The Journal of San Diego History, April 1963: “During Tebbetts' stay in office as Mayor, a series of killings, horse stealing, and general lawlessness aroused San Diegans to a fever pitch.” The year before, while serving on the city council, Tebbetts’ own horse was stolen “from his very door” (San Diego Herald, July 10, 1851). With all of this as a backdrop, it must have concerned Mayor Tebbetts when none other than purported horse thief Yankee Jim showed up in San Diego in January 1852. Once in San Diego, Yankee Jim spent time in adobe gambling houses, possibly including The Exchange Hotel. In a town of 700 residents, it is likely Yankee Jim stood out.
Herald that a “reliable source” furnished information to the Court that Yankee Jim “was a dangerous man known to have murdered and robbed miners in out-of-the-way camps in other parts of the State, robbed wagon trains, and killed a few of his partners in Arizona.” While there is no record identifying this source, we do know that Tebbetts and Yankee Jim were in or near the same out-of-the-way camps in Placer County in 1849. And Tebbetts and the prosecutor were lodge brothers. The other two men charged were found guilty and sent to prison; on August 18 Yankee Jim was sentenced to death. Thirty days later, a wagon was pulled away from under Yankee Jim and he was hung from a tree where the Whaley House now sits (some say Jim haunts that house to this day). It took 45 minutes for Yankee Jim to die. He is buried in the
On the first Monday in March 1852, the city’s charter was revoked by order of the State Legislature, and Tebbetts was out as Mayor. He continued to pursue other prominent positions in town, including Master Mason of the San Diego Masonic Lodge 35. And so, the stage is set. As reported in the San Diego Herald, on August 13, 1852, Yankee Jim and two others stole a rowboat with the reported intent to row it out to the schooner Plutus and steal the ship and head to Mexico. They didn’t make it to the schooner but were seen, and after an attempt to run, all three suspects were captured. Yankee Jim was tried and, after 30 minutes, found guilty of grand larceny (using the value of the rowboat and the value of the schooner). Among the jury members was Philip Hooff (Tebbetts’ hotel partner) and two of the owners of the schooner. It was reported in the
El Campo Cemetery in Old Town. Tebbetts later became a member of the San Diego County’s Board of Supervisors (1854 to 1864), then moved to Santa Barbara in 1865, where he bought a ranch, was appointed Postmaster, started three newspapers, and joined the Santa Barbara Masonic Lodge 192 in 1868.In 1893 he was elected as a Director of the World’s Fair in Chicago. In 1907, he moved to San Francisco to live with his son, Nathan, and died there in 1909 at the age of 81. And that’s more than my two bits on Tebbetts. George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel.
SAN DIEGO LAWYER
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September/October 2020
41
SAN DIEGO LAW LIBRARY GOES VIRTUAL By Valerie Gragg
D
ue to the COVID-19 pandemic, the San Diego Law
planning. We’ve also organized educational webinars using
Library closed its Downtown and North County
Zoom for legal professionals and the public alike, and they
locations to the public on March 16. However, its
have reached over 700 people since our physical closure.
mission to make the law accessible to everyone became
To make these webinars and our new instruction videos
more important than ever. So, we have found new means to
long-term resources for our patrons, we have posted them
make information and resources virtually accessible to more
on our YouTube channel.
people than ever before! So, when will the Law Library doors reopen? We wish we Our top priority was to ensure that our patrons could still access the legal resources they need. We began providing telephone and email references, and have suspended document delivery fees.
had an answer. San Diego Law Library is considered a higher-risk workplace included in Phase 3 reopening based on California’s Resiliency Roadmap. When we do reopen, the library will not look the same. The number of patrons
We negotiated with our vendors to provide remote database access, and added information about how to access databases on our website. Most recently, we created an appointment system so patrons can schedule individual reference appointments with our staff.
allowed in the library will be limited and seating has been rearranged. For safety of patrons and staff, masks and gloves will be required. Both locations will begin curbside book pickup and drop-off soon. Although our buildings aren’t currently open, your friendly
Next, to keep up with the influx of new information resulting
neighborhood reference librarians are still just a phone
from the pandemic, we created a series of online resource
call, email, or statewide chat away. For updates, please
guides in English and Spanish on high-interest topics,
sign up for our newsletter or follow us on YouTube,
like housing, employment, domestic violence, and estate
Facebook, or Twitter.
Meet Your
Bar-ista
What are your main responsibilities at the Bar?
members of the SDCBA. Last, but not least,
As an LRIS Specialist, I help people find an attorney to assist people with their legal
my co-workers are phenomenal people to
matters. Additionally, I ensure proper attorney reporting and accounting for the LRIS department. I enjoy my role at the Bar because it allows me to strengthen a different set of knowledge, skills, and abilities, and makes each day a new and fun challenge.
DAWN T. YOUNG LRIS SPECIALIST
How long have you been working at the Bar? I celebrated my one-year anniversary in June 2020! I began as a temporary employee in May 2019 and was hired for a full-time position one month later. What is your favorite part of your job? I am a law school student, so working at the SDCBA is an amazing opportunity for me. I enjoy meeting new people and my job at the Bar allows me to do just that! I interact with lots of great clients via telephone, not to mention meeting and networking with the
work with and call family! What is your favorite movie and why? I don’t have a favorite movie, but I enjoy movies with a positive message or comedies because I love to be inspired and have gutwrenching laughs. What’s your favorite quote? "Our greatest weakness lies in giving up. The most certain way to succeed is always to try just one more time." — Thomas A. Edison What do you love about San Diego? I have lived in San Diego for as long as I have been employed with SDCBA. I love the accessibility of everything — the beaches, shopping, entertainment, the friendly, laidback people, and being a vacation spot for my family and friends back East.
SAN DIEGO LAWYER
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September/October 2020
43
WHY I BELONG MIKE FLESURAS Gordon Rees Scully Mansukhani, LLP
Education: California State University San Marcos California Western School of Law
Areas of practice: Employment Defense
Proudest career moment Winning my first motion to dismiss.
WHAT TO DO WHEN ...
A LITIGANT PASSES AWAY: WHAT BECOMES OF THE CASE IN WHICH THE LITIGANT WAS A PARTY? By Thomas K. Murray
Birthplace Indio, California. Current area of residence Downtown San Diego. "If I weren't an attorney, I'd be ..." A music producer/songwriter. "The best thing about being an attorney is ..." The great sense of responsibility and pride that comes
If the litigant was represented by counsel, someone will need to step into the decedent’s metaphorical shoes and give direction to that attorney. If the litigant was operating pro per, then someone will have to hire an attorney to represent the litigant’s interests. Either way, who has the authority to do that? Possibility #1 — The deceased litigant had a properly executed Estate Plan, consisting of a WILL and a TRUST. Specific language will be found in a properly executed
with defending my clients' interests.
Estate Plan that allows a nominated Successor Agent to
Last vacation
the estate. In this scenario, the case may resume with very
act on behalf of the decedent for purposes of preserving
Deep sea fishing trip in Alaska.
little turbulence, as the Successor Agent is already set up to
Hobbies
pertains specifically to the decedent’s estate.
Playing guitar, writing music, weightlifting, and golf.
direct the attorney without additional Court involvement that
Possibility #2 — If the decedent died Intestate (“without
Favorite book or movie
a Will”), there is no legal basis for someone to direct the
1984
litigation attorney. A Court would have to grant someone that authority. One possibility would be to Petition the Court
Best concert you've ever been to
for Probate.
Rage Against the Machine and Muse at the L.A. Coliseum. Estates with a value over $162,500, without a Trust, must Most fun/memorable SDCBA moment
pass through Probate. This is not a process that people
There are too many to recount just one.
enjoy due to the lengthiness and cost of the proceedings. Most Probate proceedings take at least 10 months and
What one skill has helped you be successful as an
involve quite a bit of paperwork and various “hoops” to
attorney, and how could others develop that skill to
jump through. However, a Probate Petition MAY involve a
better their practices?
request for the Court to grant the Administrator (the person
Confidence. Believing in yourself and trusting your skill set,
appointed by the Court with legal authority over the Estate)
especially for newer attorneys, is paramount.
the legal authority to complete the litigation by acting for the deceased individual and thus giving direction and
What would you most like to be known for?
approval to the litigation attorney.
Letting my work speak for itself. Thomas K. Murray is a Probate and Trusts Attorney at Murray Law, Inc. www.murraylawsd.com.
SAN DIEGO LAWYER
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September/October 2020
45
Now In Imperial Valley & San Diego!
THESE REFERRALS
PAY!
Local attorneys earned more than $5 million from our referrals in 2019 The San Diego County Bar Association’s Lawyer
We also handle all of the marketing to attract
Referral and Information Service (LRIS) referred
potential clients that could be referred to your
more than 40,000 clients to participating lawyers in
firm. That, plus the very low annual enrollment fee,
2019, resulting in more than $5 million in legal fees
makes LRIS an amazingly cost-effective
earned. LRIS is a great way to help grow your
marketing option for you.
practice in San Diego and Imperial Counties.
Best of all, by participating in LRIS, you will be
Our mission is to set you up for success. LRIS sends
helping clients get legal services they might not
you only carefully screened clients that match your
otherwise know how to find – and gain great
practice area. At the same time, our clients know
clients for your practice – a true win-win.
they’re being paired with quality attorneys, thanks to our thorough lawyer qualif ication process. This is your assurance of the best possible referrals.
Join the many attorneys already growing their practices with LRIS.
REQUEST YOUR LRIS APPLICATION: 619.321.4153 or LRIS@sdcba.org
LAW YER REFERRAL REFERRAL & INFORMATION INFORMATION SERVICE SERVICE
Distinctions The following individuals in our community were recently honored for their achievements. If you achieve a professional success, feel welcome to submit it to bar@sdcba.org for inclusion in an upcoming issue of San Diego Lawyer.
The 2020 USD School of Law Distinguished Alumni Award honorees include SDCBA members Steven J. Cologne, Managing Partner, Higgs Fletcher & Mack®, LLP, and Kimberly Koro, Senior Vice President, Qualcomm Technologies, Inc., and Division President, Qualcomm Government Technologies.
A. Melissa Johnson, an employment attorney representing workers, Managing Partner of Spencer Johnson LLP, and Secretary for the SDCBA Board, was appointed on September 29, 2020, to serve as a Commissioner on the County of San Diego Civil Service Commission. Melissa was nominated by Supervisor Dianne Jacob and unanimously confirmed by the San Diego County Board of Supervisors to serve the remainder of a 6-year term, which will expire January 6, 2025.
San Diego City Attorney Mara W. Elliott was selected as the 2020 Ronald M. George Public Lawyer of the Year by the California Lawyers Association. John Gomez, attorney and founder of Gomez Trial Attorneys, was recently named Outstanding Trial Lawyer by Consumer Attorneys of San Diego.
Gomez Trial Attorneys Partner Ben Coughlan will receive the USD Rising Star Recent Alumni Award in November.
P. Randolph Finch Jr., Managing Partner of Finch, Thornton & Baird, LLP, was recognized by Chambers USA 2020 as among the best attorneys in California for Construction Litigation.
Passings James M. Bishop passed away on July 22, 2020. After admission to the California Bar in 1987, Jim worked for the San Diego City Attorney’s Office for three years. He left to enter private criminal defense practice for the next 30 years. He was a brilliant and masterful trial attorney who had a passion for mentoring new lawyers. Jim was known for his exceptional trial skills; but even more so for his generosity, friendly smile, and sense of humor. His family and friends will remember Jim as a genuine person who loved skiing, hockey, and all things Disney. Jim is survived by his 26-yearold daughter, Caitlyn, whose wedding he so proudly recently attended. Justice James A. McIntyre recently passed away from pancreatic cancer. He had been a name partner in the premier trial firm of McInnis Fitzgerald Rees Sharkey & McIntyre and was later appointed to the San Diego Superior Court, followed by the California Court of Appeal, Fourth Appellate District, Division One. He was a member of ABOTA and a Fellow in the American College of Trial Lawyers. He has been described as "one of the smartest lawyers and quickest studies" his friends have ever known, as well as "a genuinely nice person, always with a ready smile and laugh."
Brian Monaghan was a huge presence in the San Diego legal community as well as the local ABOTA chapter for many years. After serving two tours in Vietnam, Brian entered practice and went on to become a legendary plaintiff’s trial lawyer who won many terrific trial victories for his clients. After being diagnosed with stage 4 melanoma in the late '90s, he bravely fought it and recovered, stronger than ever. A devoted husband, father, and grandfather, Brian will be missed but never forgotten.
The San Diego legal community lost a one-of-a-kind brilliant trial lawyer when Doug Reynolds passed away recently. Doug graduated from UC Berkeley School of Law in 1967 and spent his entire career practicing law in San Diego. He was a man of his word, a generous mentor, a renaissance man with many interests outside the law, an avid reader, and a loyal friend.
SAN DIEGO LAWYER
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September/October 2020
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L AW Y E RS H E L P I N G OT H E RS
JOEL & KATHLEEN SELIK LIVING THEIR CREED
After learning that local emergency responders faced a shortage of protective masks, Joel Selik and his wife, Kathleen, sprang into action. A recreational seamstress, Kathleen sews masks in their home. Joel periodically posts messages on listservs and social media, offering free masks to anyone in need. Kathleen sews 50 to 75 masks per day. Joel packages, personally delivers, and mails the masks. Since Coronavirus reached the U.S., they have donated more than 1,000 homemade masks, including 435 masks to the Oceanside police and fire departments and additional masks to individuals, Rady Children’s Hospital, Sharp Healthcare, elder care facilities throughout Southern California, two hospitals in Georgia, and a recent shipment to England. All for free. In fact, they decline donation offers. “As a family, part of our creed is to find ways to help others,” explains Joel. Joel Selik is a sole practitioner representing plaintiffs in legal malpractice and debt collection matters. Always a team, Kathleen serves as his office administrator. Joel Selik is not affiliated with the Vosseller Law Firm. Far too modest, Kathleen declined to be photographed.
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
100
B CLU
CEN PER T 2020
THANK YOU 100 PERCENT CLUB 2020 The San Diego County Bar Association wants to thank all of the San Diego law firms, public agencies, and nonprofit legal organizations that have provided SDCBA membership to 100% of their attorneys in 2020. Your commitment to the San Diego legal community is greatly appreciated.
Antonyan Miranda, LLP
Ferris & Britton, APC
Koeller Nebeker Carlson & Haluck LLP
Sandler, Lasry, Laube, Byer & Valdez LLP
Atkinson, Andelson, Loya, Ruud & Romo
Finch, Thornton & Baird, LLP
Konoske Akiyama | Brust LLP
Schwartz Semerdjian Cauley & Moot LLP
Balestreri Potocki & Holmes
Fleischer & Ravreby
Law Offices of Beatrice L. Snider, APC
Selman Breitman, LLP
Beamer, Lauth, Steinley & Bond, LLP
Fragomen, Del Rey, Bernsen & Loewy, LLP
Legal Aid Society of San Diego, Inc.
Seltzer|Caplan|McMahon|Vitek ALC
Bender & Gritz, APLC
Garmo & Garmo LLP
Lincoln Gustafson & Cercos LLP
Sheppard, Mullin, Richter & Hampton LLP
Best Best & Krieger LLP
Gatzke Dillon & Ballance LLP
Mara Law Firm, APLC
Shoecraft Burton, LLP
Blackmar, Principe & Schmelter APC
Gomez Trial Attorneys
McCloskey Waring Waisman & Drury LLP
Shustak Reynolds & Partners, PC
Blanchard, Krasner & French APC
Goodwin Brown Gross & Lovelace LLP
McDougal Love Eckis Boehmer Foley Lyon
Siegel, Moreno & Stettler, APC
Bobbitt, Pinckard & Fields, APC
GrahamHollis APC
& Canals
Smith Steiner Vanderpool, APC
Bonnie R. Moss & Associates
Greco Traficante Schulz & Brick
Miller, Monson, Peshel, Polacek & Hoshaw
Solomon Minton Cardinal Doyle & Smith LLP
Brierton Jones & Jones, LLP
Green Bryant & French, LLP
MoginRubin LLP
Solomon Ward Seidenwurm & Smith, LLP
Brown Law Group
Greene & Roberts LLP
Moore, Schulman & Moore, APC
Solomon, Grindle, Lidstad & Wintringer, APC
Burke, Williams & Sorensen, LLP
Grimm, Vranjes & Greer LLP
Musick, Peeler & Garrett LLP
Stoel Rives LLP
Carothers DiSante & Freudenberger LLP
Hahn Loeser & Parks, LLP
Neil, Dymott, Frank, McCabe & Hudson APLC
Stokes Wagner, ALC
Casey Gerry Schenk Francavilla Blatt &
Henderson, Caverly & Pum LLP
Niddrie | Addams | Fuller | Singh LLP
Sullivan Hill Rez & Engel, APLC
Penfield, LLP
Higgs Fletcher & Mack LLP
Noonan Lance Boyer & Banach LLP
Thorsnes Bartolotta McGuire LLP
Christensen & Spath LLP
Hilbert & Satterly, LLP
Office of the Public Defender
Tresp Law, APC
Cohelan Khoury & Singer
Hoffman & Forde
Office of the San Diego City Attorney
Vanst Law
Collinsworth, Specht, Calkins & Giampaoli, LLP
Hooper, Lundy & Bookman, PC
Paul, Plevin, Sullivan & Connaughton LLP
Walsh McKean Furcolo LLP
Devaney Pate Morris & Cameron, LLP
Horton, Oberrecht, Kirkpatrick & Martha, APC
Pettit Kohn Ingrassia Lutz & Dolin
Wilson Turner Kosmo LLP
Dietz, Gilmor & Chazen, APC
Hughes & Pizzuto, APC
Pillsbury Winthrop Shaw Pittman LLP
Winet Patrick Gayer Creighton & Hanes
District Attorney’s Office
Jackson Lewis PC
Preovolos Lewin, ALC
Wingert Grebing Brubaker & Juskie LLP
Donald R. Holben & Associates, APC
Johnson Fistel LLP
Procopio, Cory, Hargreaves & Savitch LLP
Wirtz Law APC
Duckor Spradling Metzger & Wynne, ALC
Judkins Glatt & Rich LLP
Pyle Sims Duncan & Stevenson APC
Witham Mahoney & Abbott, LLP
Dunn DeSantis Walt & Kendrick, LLP
JWB Family Law
RJS Law
Withers Bergman LLP
Erickson Law Firm APC
Kennedy & Souza, APC
Rowe | Mullen LLP
Wright, L’Estrange & Ergastolo
Farmer Case & Fedor
Klinedinst PC
San Diego Unified Port District
Statement of Ownership, Management and Circulation (required by 39 U.S.C. 3685). 1. Publication title: San Diego Lawyer. 2. Publication number: 1096-1887. 3. Filing date: 10/1/2020. 4. Issue frequency: Bimonthly. 5. Number of issues published annually: 6. Annual subscription price: $50.00. 7. Complete mailing address of known office of publication: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, San Diego County, CA 92101. 8. Complete mailing address of headquarters or general business office of publisher: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 9. Full names and complete mailing addresses of publisher, editor and managing editor. Publisher: Jill Epstein, 401 West A Street, Suite 1100, San Diego, CA 92101. Editor: Ron Marcus, 401 West A Street, Suite 1100, San Diego, CA 92101. Managing Editor: Ron Marcus, 401 West A Street, Suite 1100, San Diego, CA 92101. 10. Owner: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 11. Known bond holders, mortgagees and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages or other securities: None. 12. Tax Status: Has Not Changed During Preceding 12 Months. 13. Publication title: San Diego Lawyer. 14. Issue date for circulation data below: 01/07/2020—12/31/2020. 15. Extent and nature of circulation: Membership/Trade Publication. a. Total no. of copies. Average no. copies each issue during preceding 12 months: 6,296. No. copies of single issue published nearest to filing date: 6,221. b. Paid circulation. (1) Mailed outside-county mail paid subscriptions stated on Form 3541. Average no. copies each issue during preceding 12 months: 247. No. copies of single issue published
nearest to filing date: 248. (2) Mailed in-county paid subscriptions stated on Form 3541. Average number copies each issue during preceding 12 months: 6,047. No. copies of single issue published nearest to filing date: 5,972. (3) Paid distribution outside the mails including sales through dealers and carriers, street vendors, counter sales and other paid distribution outside USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (4) Paid distribution by other mail classes through the USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. c. Total paid distribution. Average no. copies each issue during preceding 12 months: 6,294. No. copies of single issue published nearest to filing date: 6,220. d. Free or nominal-rate distribution. (1) Outside-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (2) In-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (3) Not applicable. (4) Free or nominal-rate distribution outside the mail. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. e. Total free or nominal-rate distribution. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. f. Total distribution. Average no. copies each issue during preceding 12 months: 6,294. No. copies of single issue published nearest to filing date: 6,220. g. Copies
not distributed. Average no. copies each issue during preceding 12 months: 300. No. copies of single issue published nearest to filing date: 50. h. Total. Average no. copies each issue during preceding 12 months: 6,594. No. copies of single issue published nearest to filing date: 6,270. i. Percent paid. Average no. copies each issue during preceding 12 months: 100%. No. copies of single issue published nearest to filing date: 100%. 16. Electronic copy circulation: Not applicable. a. Paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. b. Total paid print copies + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. c. Total print distribution + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. d. Percent paid. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. 17. Publication of Statement of Ownership for a general publication is required and will be printed in the 10/2020 issue of this publication. I certify that all information furnished is true and complete.
Jill Epstein, Executive Director, San Diego County Bar Association
EXCLUSIVE MEMBER BENEFITS sdcba.org/memberdiscounts
All benefits are as of September 1, 2020, and subject to change without notice.
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Level up your law practice management with online expert help from our resident Technology and Practice Management Advisor!
NOTARY SERVICE Schedule your free appointment with one of our notaries at the SDCBA Downtown Bar Center. Visit www.sdcba.org forCOVID-19 closure updates.
CONFERENCE ROOMS & WORKSPACE Come to the SDCBA Downtown Bar Center at 401 West A Street, with free desk space, small conference rooms, WiFi, printing/copies, snacks and more. Visit www.sdcba.org for COVID-19 closure updates.
Take 50% or more off the MSRP of Sharp office printers for your firm, exclusively for SDCBA members.
BUSINESS SERVICES PRACTICE MANAGEMENT
Call for guidance and perspective on a variety of ethical considerations in the practice of law. (619) 231-0781 x4145
TECH & LAW PRACTICE CONSULTING
SAVE 50% OR MORE
LIFESTYLE BENEFITS
LEGAL ETHICS HOTLINE
LISTSERVS TO CONNECT TO FELLOW MEMBERS
TAKE 10% OFF OFFICE PRODUCTS
DOWNTOWN PARKING Park at the lot at Union and B street for free after 5 p.m. and all day on weekends. SDCBA dashboard placard required.
RECEIVE PREFERRED MEMBER PRICING
Enjoy SDCBA member savings on more than 30,000 office supplies.
Paylocity offers you literally everything you need for your human resource management in one easy, integrated cloud platform.
SAVE UP TO 30% ON PC PRODUCTS
COMPETITIVE FEES & A GREAT RANGE OF FUNDS
Get your SDCBA member discount on Lenovo PC products and accessories.
SAVE 10% ON FASTER LAW Receive a 10% lifetime discount on Faster Law’s products designed to help your law firm work faster and more efficiently.
Clio’s legal practice management and client intake software simplifies running your law firm.
FIRST 3 MONTHS FREE ON DIY PLAN $15 OFF / MONTH ON TEAM PLAN
SAVE 7%, PLUS NO SETUP FEE
TrustBooks software for small law firms helps you easily manage your trust account. Keep these exclusive SDCBA discounts, for as long as you have an active TrustBooks account.
Cultivate great relationships with Ruby’s live virtual receptionist service. Ruby will answer, transfer, take messages, and delight every caller for you!
AN AF F IN I PAY S O LU TION
SAVE 10% ON YOUR FIRST THREE OUTSOURCED PROJECTS!
FIRST THREE MONTHS FREE Sign up today and save a bundle on the go-to payment solution for your law practice.
SAVE UP TO 25% ON CAR RENTALS For business or pleasure!
UNIVERSITY CLUB
Scanner with Remote Deposit Service, Interest-bearing, personal checking, No-first-year-fee commercial credit card, & No-first-year-fee business line of credit
There’s a reason ABA Retirement Funds is one of the all-time leading providers among bars nationwide — and an SDCBA partner.
SAVE 10% ON PRACTICE MANAGEMENT
®
EXCLUSIVE FREE BANKING BENEFITS
SAVE UP TO 40% ON SHIPPING
Outsource legal work to freelance lawyers. Increase profitability, efficiency, flexibility, and get more done!
SAN DIEGO ZOO / SAFARI PARK
FIT ATHLETIC CLUB LITTLE ITALY!
Discounted admission for SDCBA members at both locations, plus instant front-of-line entry.
Reduced initiation and monthly dues just for SDCBA members.
$250 Preferred Initiation Fee (retails at $1,500)
20% OFF ROOM RATE
MOBILE LAUNDRY SERVICE — SAVE 20%
Enjoy a great rate at this brand new hotel in dowtown, with access to FIT athletic club too!
ALWAYS FRESH MOBILE DETAILING Keep your car like new, at special discounted rates just for SDCBA members.
Your dry cleaner comes to you!
LAW YER REFERRAL & INFORMATION SERVICE
GET MORE CLIENT REFERRALS IN SAN DIEGO & IMPERIAL COUNTIES! Lawyer members of SDCBA’s Lawyer Referral Service earned more than $5 million in fees in 2019 from more than 40,000 client referrals we provided to them. It really pays to be part of this service! SDCBA members can join at a discounted rate.
LAWYER. BROKER.
EXPERT
NEGOTIATOR.
TENANT REPRESENTATION FOR THE LEGAL PROFESSION
R E A L E S T A T E C O M P A N Y, I N C .
EXCELLENCE THROUGH NEGOTIATION
619.235.9959
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tbulich@toddbulich.com
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www.toddbulich.com