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COVID-19 ONE YEAR LATER
PLUS:
Getting Married During a Pandemic What to Do When You and Your Client Have Opposing Political Views Externships During the Height of the Pandemic
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EDITORS' INTRO by George W. Brewster Jr. and Julie T. Houth
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PRESIDENT'S COLUMN COVID-19 One Year Later: Sequelae & Silver Linings by Renée N.G. Stackhouse
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LAW SCHOOL COLUMN Externships During the Height of the Pandemic by Vanessa Rodriguez
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ETHICS COVID-19: Here to Stay? Post-Pandemic Practice by Edward McIntyre
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TECHNOLOGY Tech Tips and Tidbits by Bill Kammer
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SAN DIEGO COUNTY BAR FOUNDATION Fulfilling Its Mission in a Pandemic Year
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LEGAL AID SOCIETY OF SAN DIEGO The Journey Toward Justice Begins Here by Gregory Knoll MEET YOUR BAR-ISTA Attiba Royster Senior Designer WHY I BELONG Get to Know SDCBA Member Aileen Shepherd STATEMENT FROM THE SDCBA The SDCBA condemns criminal acts targeting Asian American and Pacific Islander communities DISTINCTIONS & PASSINGS Community members honored and remembered for their achievements PHOTO GALLERY
WHAT TO DO WHEN ... You and Your Client Have Opposing Political Views by Nichole M. Verville
VIRTUAL WITNESS PREPARATION An Interview with Katherine James by Andrew Caple-Shaw A CONVERSATION WITH JUDGE KATHERINE MADER (RET.) AND A LOOK INTO INSIDE THE ROBE by Julie T. Houth
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HON. EDWARD B. HUNTINGTON (RET.) by Judge John S. Einhorn
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THE BASICS OF BASEBALL by George W. Brewster Jr.
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CLARIFICATION: CALIFORNIA END OF LIFE OPTION ACT by George W. Brewster Jr.
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PANDEMIC AND THE PRACTICE OF LAW by Edward McIntyre
COVID-19 ONE YEAR LATER
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SOCIALLY-DISTANCED CONSTITUTIONAL RIGHTS Federal Jury Trials Meet COVID-19 by Edward McIntyre
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NEW LAWS AND GUIDANCE FOR THE WORKPLACE AS CORONAVIRUS CLAIMS RISE Mediation Provides Effective Resolution in 2021 by Kristin Rizzo
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ZOOM WEAR AND BEHAVIOR, BEWARE by Jeremy M. Evans and Christine I.P. Schumacher GETTING MARRIED DURING A PANDEMIC by Christine I.P. Schumacher
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®®
®
®
SAN DIEGO LAWYER EDITORIAL BOARD Co-Editors Julie T. Houth
Issue 2, March/April 2021
Issue no. 2. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price
George W. Brewster Jr.
Editorial Board Marissa Bejerano Victor Bianchini Shelley Carder Devinder S. Hans Whitney Hodges Wendy House
Anne Kammer Edward McIntyre Michael G. Olinik Wilson A. Schooley Renée N.G. Stackhouse Gayani Weerasinghe
of an annual subscription to members of the San Diego County Bar Association is included in their dues. Annual subscriptions
SAN DIEGO COUNTY BAR ASSOCIATION
to all others, $50.
Board of Directors
Single-copy price, $10. Periodicals postage paid at San Diego, CA and
President Renée N.G. Stackhouse
additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright © 2021 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer are those of the authors only and are not opinions of the SDCBA or the San Diego Lawyer Editorial Board. Interested contributors may submit article ideas to the editors at www.sdcba.org/SDLidea. Unsolicited articles will not be printed in San Diego Lawyer. San Diego Lawyer reserves the right to edit all submissions, contributed articles and photographs at its sole discretion.
President-Elect David Majchrzak Immediate Past President Johanna Schiavoni Secretary Nicholas J. Fox Treasurer Marissa A. Bejarano Vice Presidents Hon. Victor E. Bianchini, Ret. A. Melissa Johnson Khodadad Darius Sharif
Directors Roxy Carter Warren Den Michelle A. Gastil Stacey A. Kartchner Brenda Lopez Angela Medrano Wilson A. Schooley Robert M. Shaughnessy L. Marcel Stewart Kimberly Swierenga New Lawyer Division Chair Stephanie Atkinson
SDCBA Staff — San Diego Lawyer 401 West A Street, Suite 1100, San Diego, CA 92101 Phone (619) 231-0781 • bar@sdcba.org • www.sdcba.org
Executive Director Jill Epstein Director of Marketing & Outreach Ron Marcus
Content and Publications Editor Hailey Johnson Marketing Manager Sasha Feredoni
Senior Designer Attiba Royster
ADVERTISERS INDEX ADR Services, Inc. . . . . . . . . . . . . . . . . . . . .38 Ahern . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Alternative Resolution Centers . . . . . . . . . . . 13 Baker Street Group Investigators . . . . . . . . . . 35 CaseyGerry . . . . . . . . . . . . . . . . . . . . . . . .3 Jeff Tabor . . . . . . . . . . . . . . . . . . . . . . . . .2 Judicate West . . . . . . . . . . . . . . . . . . . . . .36 Kathryn Karcher Appeals . . . . . . . . . . . . . . . 7
Law Pay . . . . . . . . . . . . . . . . . . . . . . . . .30 Lawyer Referral & Information Service . . . . . . 10 Monty A. McIntyre, Esq. . . . . . . . . . . . . . . . . 21 San Diego County Bar Foundation . . . . . . . . . 18 San Diego Lawyer Magazine . . . . . . . . . . . . 16 Stanford And Associates . . . . . . . . . . . . . . . . 15 Todd Bulich Real Estate Company, Inc. . . . . . . . 48 West Coast Resolution Group . . . . . . . . . . . . 32
Editors' Intro by George W. Brewster Jr. and Julie T. Houth
I
t’s been about a year that the COVID-19 pandemic has been with us, and it seems like it will be with us through most of 2021. We’ve all had our share of pandemic-related obstacles and struggles that oftentimes cannot even be put into words. This has become the New Normal. The pandemic has altered most of our personal lives and the legal profession was not immune to change brought on by the COVID-19 pandemic. Judges, lawyers, and legal professionals often had to adjust and adapt to those changes. So, as we reflect on 2020 and march on in 2021, the Editorial Board has decided to dedicate an entire issue of San Diego Lawyer magazine to this New Normal and all things that come with it. This issue touches on trends that have changed the legal profession for better or worse. Past Editor in Chief Christine I.P. Schumacher, gives us a glimpse at getting married during COVID-19. Past SDCBA President Kristen Rizzo discusses what it’s like mediating workplace COVID-19 claims. Jeremy M. Evans and Christine I.P. Schumacher address appropriate Zoom attire during the pandemic. Jury trials in the Federal Courthouse have undergone many changes and Immediate Past Editor Ed McIntyre takes us through them.
Other features in this issue include virtual witness preparation tips from Katherine James; a brief clarification on the tribute of Jerry Blank and the End of Life Option Act by Co-Editor George W. Brewster Jr.; and a look into Judge Katherine Mader’s new book by Co-Editor Julie T. Houth. Our law student column also provides perspective on a not-so-traditional externship experience by Thomas Jefferson School of Law’s Vanessa Rodriguez. In our "What to Do When" column, Nichole M. Verville explores what to do when your client has opposing political views to your own. As always, our magazine includes relevant and useful regular columns on ethics by Ed McIntyre and technology by Bill Kammer. Plus, George W. Brewster Jr.’s regular history column will cover “The Basics of Baseball.” Our Business of Law column presents a roundtable that addresses large firms adapting to a pandemic through the perspectives of managing attorneys at San Diego law firms. We hope you all stay healthy and safe during these (still) challenging times, while continuing to thrive in the practice of law.
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President’s Column by Renée N.G. Stackhouse
COVID-19 ONE YEAR LATER: SEQUELAE & SILVER LININGS
I
n February 2020, there was this whispering of a sickness spreading. It seemed distant, surreal, and, if I’m being honest, like something that would never be an issue here or for me or anyone I knew. In March 2020, that bubble of naivete was sufficiently popped and replaced with dread as we started to see the coronavirus tangibly tearing through the United States, and we were asked to stay home for 14 days to flatten the curve. I couldn’t possibly do that, I thought at the time. I mean two weeks!! It has now been 328 days and counting. In the March/April 2020 issue of San Diego Lawyer magazine, then-President Johanna Schiavoni wrote that the greatest source of collective anxiety around coronavirus was the unknown. She poignantly asked, “How many will get sick? How many will die? ... Can we rise to the challenge as a local and global community to protect one another and our most vulnerable?” A year later we can answer those questions: We know that 28,992,598 people have tested positive in the United States so far.1 We know that 526,213 of those have died. 2 And we know that many have risen to the challenge to protect our communities and our vulnerable, including our courts, which shut down to stop the spread and then worked tirelessly to figure out how to safely reopen; our law schools, which went virtual as fast as possible; and our colleagues, many of whom had to make significant changes to their practices and/or put themselves at risk to continue their work.
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During the last year, the business of law has suffered. According to data analyzed by legal software Clio, the number of legal matters opened each week declined almost 40% by April 2020 before starting to creep back toward baseline in August.3 The survey results showed that the potential client attitude was either they felt their legal issue could wait until after the pandemic or they just didn’t think lawyers were open and available to help. 4 With declining cases, so too were there decreased positions and promotions. According to a Law360 survey, 43% of partners took a pay cut because of COVID-19. 5 A survey by the National Association for Law Placement (NALP), based in Washington, D.C., found that over 80% of firms had not established start dates for first-year associates or deferred them to January 2021, and some firms rescinded employment offers to 2020 graduates. 6 It should come as no surprise that “less privileged young attorneys will bear a disproportionate brunt of the impact.” 7 Those entering the profession were not the only demographic affected by the pandemic. Litigators and firms handling contingency fee cases were impacted as courts and administrative offices closed and there was no pressure to settle cases without trial dates. Solos and small firms have been going out of business or taking a huge hit. Clients aren’t paying legal bills because they can’t, having lost their jobs or facing steep health care bills. In-house
My takeaway is that, even for those happy few lawyers whose practice has seen an uptick during the pandemic, no one has made it this far unscathed in some fashion. counsel are operating at a lower capacity due to team restructuring, but the complexity of legal challenges remain. Women lawyers encountered a vast range of daunting issues related to the coronavirus pandemic, ranging from stress to income loss, additional caregiving responsibilities, and hours that don’t stop. And whether a woman has children can further exacerbate the pandemic work-life imbalance. According to the U.S. Labor Department, 865,000 women — four times the number of men — dropped out of the workforce in September as families faced patchy school reopening plans. The articles go on. And on. And on. My takeaway is that, even for those happy, few lawyers whose practice has seen an uptick during the pandemic,
no one has made it this far unscathed in some fashion. If it’s not the practice, it is the emotional exhaustion, anxiety, and sense of loss that has accompanied the roller-coaster highs and lows of the last year. But, as with many things in life, there comes good with the bad. As Morgan Harper Nichols wrote, “Going through things you never thought you’d go through will only take you places you’d never thought you’d get to.” And so, as we tested our mettle in a pandemic we didn’t think we’d ever go through, we have gotten to our silver linings. Implementing virtual hearings. Saying goodbye to commuting. Remote work as the standard, not the exception. The awakening to the fact that fancy offices have little meaning to the actual practice of law. The ability to see each other as humans, with children and cats and dogs who love that we are home more frequently. The passion projects that have come to life when there is nowhere to go and only yourself with whom to spend time. The relationships that have bloomed and fruited along with our Victory Gardens. A year later, there are still so many unknowns. When will everyone get vaccinated? When will it be safe to be together in person? Who will I get to hug first that is not an immediate member of my family? And on my mind more often than not lately: Will it ever go back to the way it was in the Before? I don’t have the answers to those questions, yet. We’ll get there. And the good news is that we’ll get there together.
Renée N.G. Stackhouse (renee@stackhouseapc.com) is the founder of Stackhouse APC.
Footnotes 1. “CDC COVID Data Tracker.” Centers for Disease Control and Prevention, covid.cdc.gov/covid-data-tracker/#datatracker-home.
2. Id. 3. “Clio's COVID-19 Impact Research Briefing: September 16.” Clio, 23 Sept. 2020, www.clio.com/resources/legal-trends/covid-impact/briefingseptember-16/.
4. Id.
5. Moran, Lyle. “43% Of Partners Took a Pay Cut Because of COVID-19, New Survey Finds.” ABA Journal, Feb. 2021, www.abajournal.com/ news/article/43-percent-of-partners-took-a-pay-cut-due-to-covid19-survey-finds.
6. “STAY CONNECTED.” NALP Research: 2020 Pulse Surveys, 2020, www.nalp.org/2020_pulse_surveys.
7. Parker, Jonathan Greenblatt and Bryan. “The COVID-19 Consequence: Emerging Talent Is at Risk.” ABA Journal, www.abajournal.com/ columns/article/covid-19-consequence-emerging-talent-is-at-risk.
SAN DIEGO LAWYER
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March/April 2021
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MORE THAN
28,000 CLIENTS
ARE WAITING TO GET REFERRED TO YOU
The SDCBA’s Lawyer Referral and Information Service (LRIS) made over 28,000 client referrals to attorneys in San Diego and Imperial counties last year, resulting in nearly $7 million in fees earned. You could be one of those attorneys this year. As part of the LRIS program, you would be in great company. Our thorough qualification process ensures you will be part of a competent and conscientious group of lawyers carefully selected to provide the peace of mind our clients trust and rely on. And rest assured, we are equally judicious in qualifying potential clients before we refer them to you. For 2021, we’ve expanded public access to the program with a 24/7 online referral system, making it easier than ever to get referred to qualified clients. Applying to join is very affordable, especially for SDCBA members. Best of all, by participating in the program, you will be helping clients get legal services they might not otherwise know how to find – and gain great clients for your practice – a true win-win. All of which makes applying to join LRIS an easy case to make.
Learn more about applying to join LRIS today:
(619) 321-4153
LRIS@sdcba.org
www.sdcba.org/joinlris
LAW YER REFERRAL & INFORMATION SERVICE
LAW SCHOOL COLUMN by Vanessa Rodriguez
EXTERNSHIPS DURING THE HEIGHT OF THE PANDEMIC A big part of law school is getting practical experience
in business transactional law. I was awarded the
in your preferred area of law through an externship.
position as an extern and began working in May 2020 — exclusively online. After the summer externship ended, I was offered a paid position as a law clerk.
Externing provides students with the opportunity to learn about an attorney's everyday life that is not taught in law school. Additionally, it requires applying legal reasoning to cases in the same manner as an attorney. Best of all, it allows students to obtain experience working with honorable judges or prestigious attorneys, which is invaluable to each law student's legal career. However, last March, COVID-19 came into our lives and made serious changes to most law students' plans of externing during the summer or preceding months. Being a 1L when the pandemic first ravaged our world, I did not know my options of getting an externship during the summer. Immediately, I reached out to my advisor at career services to discuss the best options for getting an externship. My advisor provided me the names and telephone numbers of three different attorneys who he thought might help me get an externship. He also suggested that I reach out to a wellknown professor who handles all externships at our school. My externship professor provided me guidance on where to apply, such as a nonprofit organization, government agency, or judicial office. I relied on the help of my career service advisor and my externship professor in guiding me through the process of getting an externship. Following their advice, I reached out to each of the suggested attorneys, organizations, agencies, and offices. Fortunately, I received a call back for a remote interview with an attorney, a TJSL graduate, who works
Even when the pandemic was at its height, many students just like me found ways of getting those muchdesired externships. Students tapped into resources such as their school's career services advisor, externship professors, and even alumni from their law school. While COVID-19 remains in our lives, it is more important than ever for law students to utilize these services and connections, to help them find externships and other professional opportunities. Although the pandemic continues to affect various parts of law students' lives in a negative way, externship positions may be one example of a silver lining that actually works to their benefit. Students can apply for remote positions that are geographically too far away to attend in person. Additionally, because many externships are remote, many students can work at various hours during the day, which allows them more freedom with their hectic schedules. While law school this past year has not been traditional in any sense, the opportunity to get an externship is a valuable experience that shouldn't be forfeited because of the pandemic. Vanessa Rodriguez (rodrigve@tjsl.edu) is President of La Raza, 2L Representative of Moot Court Honor Society, an IP Fellow, and a law clerk at Gennaro Law.
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ETHICS by Edward McIntyre
COVID-19: HERE TO STAY? Post-Pandemic Practice By Edward McIntyre
Cartoon by George W. Brewster Jr.
Macbeth opened the firm’s Zoom happy hour with a Scots Gaelic toast. “Slàinte Mhath!”
Macbeth again. “That could present problems for firm managers and anyone who supervises other lawyers.”
Sarah, Duncan, and Barb, the firm’s paralegal, responded,
Sarah added. “And non-lawyer personnel, as well.”
“To your good health.” “I invited Pete McDonough and Deb Granholm to join us.” Raised glasses of amber liquid all around. “Welcome!” “Pete, Deb, thanks for joining us. What long-term issues do you see coming out of this plague? Now that vaccines are here?” McDonough spoke first. “Our lawyers have gotten used to working remotely. They like it. I think they’ll want to continue. Or many of them. Even if we get back to normal, whatever that may mean.” Macbeth spoke. “Your firm, Deb?” “The same. It’s given our lawyers a lot more flexibility. Especially younger lawyers. They’re tech smart. Great for those with young kids not in school because of COVID or
“Excellent point, Sarah. Our current rules require firm managers to make sure their firms have measures in effect to ensure lawyers and non-lawyers comply with the rules and State Bar Act.” Sarah added. “Other rules require lawyers who supervise to make sure those they supervise also comply.” Macbeth spoke. “Thanks, Sarah. Pete, Deb, if remote practice becomes a norm, based on your pandemic experience, management and supervision obligations may present difficult ethical issues.” Granholm responded. “I agree, Macbeth. We’ve tried firm meetings, department meetings, practice group conferences. Reminded partners about mentoring. Supervision. Mixed results, at best, I’d say.” McDonough nodded. “Our experience as well. What do you do, Macbeth?”
not of school age.” “How’s that impacted your ability to mentor? To supervise?” Granholm picked up the thread. “Tough. Younger lawyers used to get informal mentoring, have questions answered,
“Well, we’re lucky. We’re a small firm. Only four of us. We start each day with a Zoom meeting. Just a three-point agenda. Each person’s schedule for the day. Pending deadlines. Then, any questions or ideas anyone has. Sarah, Duncan, and Barb can comment, but I think it’s a worthwhile procedure to have in place.”
test ideas, just by walking down the hall. Now they have to set up an appointment. Or take their chances with a call. Get a busy signal more often than not.” McDonough spoke. “Same with us. I could mentor and supervise associates with informal chats. Review work sitting side-by-side. Do it at lunch. Over a beer. Now it takes a lot of effort. I’m not sure we’re doing all that good of a job.”
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Duncan responded. “It’s great. Keeps me focused. Chance to get answers. Brainstorm.” Sarah spoke. “I agree. Typically, it takes only 5 or 10 minutes. Sometimes a half-hour if something important comes up.” Barb nodded. “Great way to make sure we’re all conscious of deadlines. I don’t like surprises.”
Macbeth picked up. “Then mid-morning I set up another
Granholm spoke. “That works great for your small group.
Zoom meeting. Just to see if anyone has any questions.
But what about a firm our size?”
If any issues have come up. Finally, toward close of day, same thing.”
“What’s your partner/associate ratio?”
Granholm’s digital hand went up. “How much time does
“We’re about 1 to 4. Why?”
this take, on average?” “Most days, less than an hour for all three meetings. I also have a separate cellphone that Sarah, Duncan, and Barb can call any time. Never use it for anything else — just calls from them. Avoids the busy signal problem.” Duncan added, “Mention the virtual lunch dates, Uncle.” “Thanks, Duncan. Each week, Sarah, Barb, Duncan, and I have a Zoom lunch — separately. Firm buys. Lasts as long as each wants. Typically, half an hour, 45 minutes. Easy way to stay in touch. Focus on career issues.
McDonough started to smile. Macbeth continued. “So, counting Barb, you’re just about our size — if each partner mentored four associates. You could try something like what we do. Or experiment. COVID begs for innovation.” “But getting each partner —” “Think of the value to the firm. The profession. That’s how we learned. Then you could always ask them to read rules 5.1 and 5.3 and consider the consequences.
Anything each wants to talk about.”
McDonough raised his glass. “To Gaelic wisdom!”
Duncan interrupted. “If I could only get Macbeth to
Macbeth raised his glass. “To post-pandemic practice
appreciate the virtues of quattro fromagi pizza.”
and health to all.”
“Be glad it’s not haggis. Finally, we have our weekly happy hour. We try not to talk shop, but it’s not off the table.”
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
TECHNOLOGY by Bill Kammer
TECH TIPS AND TIDBITS eDiscovery Lessons Learned from January 6 As the FBI and other law enforcement agencies investigate the origins, circumstances, and occurrences surrounding the Capitol invasion in January, we learn more about evidence and information that might be available and useful in litigated matters. As early as the 2017 shooting in Las Vegas, we learned that the software tool X1 Social Discovery can immediately isolate and collect all tweets from a location. The Capitol incident taught us more about evidence available after occurrences as byproducts of our use of mobile devices. Video feeds, tweets, Parler content, text messages, and chat exchanges can all be harvested without immediate access to a mobile device. Other information is readily available from the ubiquitous security cameras deployed in urban settings. That information is not only available from the originator’s devices but also from those of any recipient of the communication or broadcast.
Chat Apps The events of January 6 and other demonstrations provoked some to migrate from traditional messaging apps such as WhatsApp, Facebook Messenger, and SMS. New favorites include Signal and Telegram. This migration discussion is not meant as social commentary but only as a suggestion that this development also raises significant discovery considerations if those chat apps are used within business enterprises. That they are encrypted end-to-end is not as important as the issues presented by their storage features. By default, Signal stores conversations only on a user’s device, but Telegram stores content on both the device and on Telegram’s servers. Accessing that information for discovery preservation and production implicates issues of access to mobile devices and to the servers of third parties. 14
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Cybersecurity Risks and Insurance The present pandemic has clearly affected law practices, particularly those of us primarily working at home. That fact introduces additional cybersecurity risks because of the interconnection of our home office computers, mobile devices, and IoT equipment. Maintenance of enterprise information security in a traditional office has always been challenging, though doable with facile management. Maintenance of similar security across the dispersed workforce is far more challenging. (Witness the intelligence community’s concerns about President Biden’s Peloton.) Insurers issuing cybersecurity policies have learned of those additional risks, and coverage may be narrower and exclusions more numerous than we thought. Additionally, the cost of good cybersecurity insurance has likely increased, commensurate with the additional risks encountered. We must make sure that we understand our coverages and, if appropriate, evaluate alternatives and their costs.
Browser Password Managers Most know that a password manager is a far superior technique to store varied and complex passwords. For years, experts have recommended managers such as LastPass and 1Password as functional managers easily deployed across all our computers and mobile devices. More recently, the architects of internet browsers, such as Chrome, Firefox, and Safari, have incorporated a management tool within the browser itself. We often receive suggestions from our browsers to store a new password within the browser itself. However, for a variety of reasons, many experts suggest that we not do so. Discussion of the reasons for that suggestion require more space than this column; consider these articles
for further information: https://youritconsultant.senseient. com/2021/01/dont-use-a-browser-password-manager. html and www.pcworld.com/article/3604671/why-yourbrowsers-password-manager-isnt-good-enough.html.
Other Laws for Lawyers These are not statutes, but rather certain principles of analysis that could enlighten some professional work. For instance, “Benford’s Law” can be useful in detecting fraud. That law says that approximately 30% of all naturally occurring numbers begin with 1. Numbers that begin with 7, 8, or 9 each constitute only about 5% of numbers. Parties and criminals who manipulate records may create numbers with beginning numerals with a frequency disproportionate to the natural occurrence. “Sutton’s Law” draws its name from the notorious bank robber, Willie Sutton. When asked why he robbed banks, he supposedly replied “because that’s where the money is.” Sutton’s Law’s greatest use is in medical diagnosis and stands for the proposition that, during diagnosis, first consider the obvious rather than the more exotic solution. A common expression of the law is “when you hear hoof beats, think horses, not zebras.” “Occam’s Razor” began as a logical and philosophical rule that the simplest solution is usually the best.
Suppose there are two possible solutions. The one that requires the fewest assumptions is usually the correct one. Named for a 14th-century English Franciscan friar, its philosophical application has been extended to other disciplines including science, religion, statistics, and artificial intelligence.
Ethics and Working at Home When working at home, we store information and copies on home office equipment and transmit that data to our offices and clients over Wi-Fi and via our internet service providers. Nevertheless, we are still subject to our ethical responsibility to maintain client confidentiality and the security of client data. These are not new issues. For instance, the Pennsylvania Bar Association issued a formal opinion on the ethics of virtual law offices (FEO 2010-20). Over the years, state and local bar associations have issued similar opinions about communications, encryption, storage, and confidentiality. They all serve as reminders that, in a pandemic environment, we must still maintain the confidence and preserve the secrets of our clients. Bus. & Prof. Code §6068(e)(1).
Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.
Stanford And Associates
IS BACK!
We are pleased to announce the return of Stanford And Associates, an established legal malpractice firm founded three decades ago. We’ve reassembled our original team of lawyers, with a combined 50 years of prosecuting and trying legal malpractice claims throughout the state. Unlike other law firms, Stanford And Associates: • Never charges a consultation fee • Never bills our clients by the hour • Never represents or defends lawyers • Never handles fee disputes between lawyers We are pure contingency fee lawyers and we pay referral fees!
STANFORD AND ASSOCIATES www.stanfordandassociates.com 101 W. Broadway, Ste. 810 San Diego, CA. 92101
Dan Stanford
TEL: (619) 695-0655 FAX: (619) 810-7766 TOLL FREE: (833) 309-6236
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BE SEEN by thousands of San Diego lawyers, judges, and legal community members who receive the award-winning bimonthly magazine you’re reading right now. THE VALUE OF CULTIVATING MENTOR-MENTEE RELATIONSHIPS By Gayani R. Weerasinghe
“Mentorship and sponsorship are vital to a successful career.
To find such mentors, Brian Sun, the General Counsel
Mentors and sponsors have traveled the road to success
for Sorrento Therapeutics, recommends community
and can provide valuable insight — ‘Don’t make the same
involvement. “Joining an affinity group allows you to build
mistakes I did.’ Having said that, we all make mistakes and a
your network and seed opportunities. You gain access to a
mentor or sponsor can be there to help you recover.”
pool of mentors who are committed to providing guidance
— Hon. Randa Trapp, San Diego Superior Court
these seeds means developing genuine relationships without
A
mentor is a trusted advisor that is willing to give you advice and insights as to how to navigate
and fellowship that will open many doors for you. Planting any expectation other than to grow and learn — and this will lead to opportunities that surprise and reward you throughout your career,” says Sun.
a situation or achieve a goal. A sponsor, on the
other hand, is someone who champions you in promotions
Whether it is a formal mentor-mentee matchup by a
and advancements within a profession, organization, or
professional group or an informal relationship through
workplace. While this discussion can apply to both mentors
networking and your community involvement, make the time
and sponsors, as they both play an important role in
to get to know your mentor, their path to where they are,
your success, this article focuses more on cultivating the
and their professional and volunteer work. Building mentor-
relationships with your mentors and why it matters for your
mentee relationships organically is important, as you would
long-term success.
want an authentic relationship and a genuine connection with your mentor.
Everyone needs a mentor! “No matter the level or status of your professional standing, it is certain that what got you here, won’t get you there. So, wherever you want to get to next, it is critical to your success that you have a brain trust — mentors. Mentors to help you chart your path and overcome the terrain. No one successful goes at it alone,” says India Jewell, Legal Head of Consumer Products at Sony Electronics. Mentors can be found in a variety of settings and you do not need to limit yourself to one. I would recommend having multiple mentors to help you in different areas of your profession. An added benefit of multiple mentors is that you can get different perspectives, more targeted advice, and prevent creating a burden on your mentor’s schedule. As Gayle Blatt, a Partner at Casey Gerry says, “It’s important for young lawyers to seek out mentors. Experience is the best teacher, and the right mentors can help you learn from their mistakes while providing encouragement as you chart your own path.”
Remember that mentors do not always need to be someone older. They can be a colleague in your own cohort or even someone younger. For example, one of my mentors is my younger sister, Bhashini Weerasinghe, who has been practicing law for over 10 years and had her own practice for over seven years. If they have more experience or have a skill set that you would like to grow, do not be shy. Reach out and ask for help. Lastly, I encourage you to volunteer to be a mentor to someone else who is junior to you. This is a great way to not only give back, but gain another perspective on mentorship and how to be a better mentee to your mentors. As Maya Angelou said, “[W]hen you learn, teach. When you get, give.”
Gayani R. Weerasinghe, Esq., M.A., (gayani@lawgrw.com) is an Intellectual Property and Business Law attorney with her own practice. She is also the host of the YouTube Channel, Inventive Mind.
SAN DIEGO LAWYER
Macbeth asked, “How long were you married?”
ETHICS by Edward McIntyre
FAMILY TIES THAT BIND Cartoon by George W. Brewster Jr.
Macbeth opened the Zoom meeting. “Good morning Sarah, Duncan. Jeff asked to join us. Anyone mind?”
Clicks, another box opens, a face appears. “Good morning, Jeff. Meet Sarah and Duncan.” After greetings, Macbeth spoke. “Jeff, you had questions?” “Yes. I’ll be a witness in a case. You’ve done it often as an expert. Thought I’d pick your brain. Get some tips.”
“You might consider making it explicit. What’s obvious to us think about revising the informed consent.” “OK, if you think —” “Did you consider the rule’s Comment 3?”
“Yes. Even with your daughter’s consent, a court could
daughter, Maddie.”
from prejudice.” “I don’t see it.”
“Testimony of substance? Not an uncontested issue or
With conflicting testimony?”
“Oh, it will be substantive, all right. Suing my ex-wife. As a
“All of that.”
young teen, Maddie announced she was gay. My former
“One purpose of the advocate-witness rule is to prevent fact
make it stop. Killed the marriage. I got full custody. Legal and
finder confusion. Is the advocate-witness’s statement to a
physical. Now she’s 19. Recovered, but still traumatized.
fact finder proof or argument? Same person. Different roles.”
I’ll be a key witness.”
“But —”
Sarah interrupted, “I’m so sorry. For her. For you.” Macbeth spoke. “Before we discuss being a witness, should
“The rule tries to avoid tying a lawyer’s persuasiveness as an advocate to his credibility as witness. In short, it could harm an opposing party or judicial integrity if a lawyer
we focus on rule 3.7?”
testifies on a key issue — with conflicting testimony —
“The lawyer-witness rule?”
and then argues to a jury why his testimony is more
“Precisely. Since your testimony will be substantive,
“You mean I could be knocked out at trial?”
“Already looked at it. I’ve got Maddie’s informed written
“Could. Appellate courts have allowed it. Abuse of
consent. Both as her lawyer and a witness at trial. Like
disqualify you from representing your daughter at all. Not just at trial.”
deposition questions based on the email and quoted it in depositions and interrogatory responses. A court could
“Wow, I never thought —” “Jeff, not saying it’ll happen. But think it through. You want to
“What?!”
help your daughter. We understand.”
“During marriage you learned a lot from and about your
Sarah spoke. “Maybe the best help would be to support her
former spouse that’s confidential. Because of the marriage.
through a difficult case. Be the best witness you can. Let
Brace yourself for the argument you could exploit that
someone not so involved be her advocate. A partner, perhaps."
information in suing her.” “A lot to think about. Thanks. If that’s what I do, may I come “How?”
back? Talk about how to be an effective witness?”
“Well, you’ve certainly gotten confidential information
Macbeth smiled. “We’d welcome it.”
you could use, for example, drafting discovery requests. Preparing deposition outlines. Think about it. You’d have an inside track on the defense case.”
Editor’s Note: The recent case Sarah sent Jeff was Doe v. Yim (2020) 55 Cal.App.5th 573.
“That could disqualify me?” “One court disqualified a lawyer who’d gotten the secrets of an adverse party. It implicated the lawyer’s ethical duty to
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer and co-editor of San Diego Lawyer.
maintain the integrity of the judicial process.
Kathryn Karcher will hit your client’s appeal out of the park. Hire her, before the other side does.
discretion is not a difficult standard. You might want to mention it to your daughter. In a revised informed consent.
“As part of that informed consent, you advised her that if your credibility as a witness takes a hit — on cross-examination, for example — it might affect your credibility as her advocate
So she’s not surprised.” “Guess I should. May I see the cases?” Sarah interjected. “I’ll send you the most recent.”
arguing to a jury or judge?”
SAN DIEGO LAWYER
Another disqualified a firm to prevent prejudice from the firm’s exploitation of privileged email. It had prepared
credible than the other testimony.”
it applies.”
rule 3.7(a)(3) requires.”
37
“You’ll be a key witness? On contested issues?
about fees?”
harassed and bullied her. Mercilessly. Poor kid! I couldn’t
January/February 2021
decide disqualification here is a necessary prophylactic.”
“Be aware there may be a confidentiality issue. Could
To protect the trier of fact from being misled. Your wife
“No. I’m the trial lawyer. Also a witness. Representing my
10
final a year later. Why?”
Preparing your daughter, other witnesses, for deposition. “About court discretion?”
disqualify you from testifying and being the advocate.
“You’ll be an expert?”
TO ADVERTISE
“She’s a smart kid. I’m sure she understands. Isn’t it obvious?”
might not be to a 19-year-old, about to sue her mother. I’d
A joint, “Not at all.”
“Sixteen years. The bullying started when Maddie was 13. I moved out after two years. Took her with me. Divorce was
|
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karcherappeals.com Certified Appellate Specialist, Board of Legal Specialization, State Bar of California
January/February 2021
visit www.sdcba.org/advertise-sdlawyer
VIRTUAL WITNESS PREPARATION: AN INTERVIEW WITH KATHERINE JAMES By Andrew Caple-Shaw
ACT of Communication®’s Katherine James sat down with her partner, Andrew Caple-Shaw, for a virtual chat about one of their favorite subjects: virtual witness preparation. The company is one of the first to have a virtual witness preparation practice (over 10 years). Andrew provides a summary of Katherine’s responses below.
I
never thought that I would prepare witnesses any other way than in person. But on June 11, 2011, my first grandchild, Persephone, was going to be born.
I decided that entire month I was not going to prepare any witnesses. I informed all of my clients that, “From the first of June to the first of July I’m going to be a Grandmother. So, if you want me to work with your people, book it now or book it after.” Sure enough, literally the day after Persephone was born, a client called saying, “I have an emergency, I have this woman, how about going somewhere like an office of a court reporting service to do a virtual conference call?” I immediately started making all kinds of disclaimers. The client responded with, “I just know need you, even if it's only 25% as good as having you in the room with me.” So, I reluctantly agreed. As soon as I looked at this witness on the giant screen on the wall, I realized that she was on drugs. I said to her,
When Skype came on the scene, I could say, “Well, we can Skype. It is the second-best thing to having me there.” A whole group of clients came from this — lawyers I have never been in a room with physically started retaining us to work with their witnesses. Many of the principles I learned in those first nine years didn’t change when COVID-19 came around. For instance, small screens (laptop‑sized) are so much better than TV screens on the wall. Big screens destroy the intimacy of the virtual relationship. With a small screen, you are equals. Effective and efficient have always been the bottom-line principles of virtual witness preparation. Pay for a service by the hour and only pay for the time you use versus travel time, expenses, and my time. With that in mind, we start preparing four-six weeks ahead of time. Then we can see how many more sessions are needed. It allows us to teach someone how to be a witness one lesson at a time, one week at a time, one hour at a time. Post-COVID, I think it will be unusual to prepare witnesses even 5% of the time in person. I think that we are going to be doing it all virtually. It’s less expensive, just as efficient, and you can teach them in small increments rather than longer in-person cram sessions. It’s great for scheduling.
“Unless you can be sober, I am not going to be speaking to you.” She said, “But, but, but —" I said, “I'm going to show you that right now.” I clicked off.
At the end of the day, are we more effective in person? Maybe. But my question is: Is it worth it to sit there 100% of the time when only maybe 1% of the cases actually need us to be physically present.
I realized that day that if I had gone to Ohio to speak with this person, it never would have occurred to me to say, “I’m going back to the airport and you go to a 12-step meeting and we will do this all over again in the future.” Ultimately, that case was won after that sobriety happened. It was my very first lesson in “virtual witness preparation could be better.”
Andrew Caple-Shaw is a trial consultant and partner at ACT of Communication. He is a licensed attorney, a working actor whose credits include shows like The West Wing and NCIS, and an elected leader of the film and television performers union, SAG-AFTRA. He can be reached at andrew@actofcommunication.com.
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2021 DISTINGUISHED LAWYER MEMORIAL VIRTUAL RECEPTION
JUNE 23, 2021
5:30 P.M. - 7:30 P.M. Join us as we give permanent recogni�on to deceased lawyers and judges of the San Diego County Bar who have demonstrated superior legal skills and commitment to the community throughout their careers. Each honoree is recognized with a permanent plaque inside San Diego County’s Hall of Jus�ce Courthouse.
To make a contribu�on on behalf of a past or present honoree or to make a general dona�on to the Bar Founda�on, please visit: sdcbf.org/donatedlm
Register Today at www.sdcbf.org/dlm21
619-231-7015 info@sdcbf.org sdcbf.org
Blue - Pantone 2955 CP White
Fulfilling Its Mission in a Pandemic Year San Diego County Bar Foundation Grants $411,700
I
n a testament to its ongoing mission to increase access to justice across with disabilities, veterans, the homeless, low-income seniors and at-risk San Diego County, the San Diego County Bar Foundation announced it youth. This grant cycle, the Indigent Criminal Defense fund awarded has awarded $411,700 to 29 local community benefit organizations. $250,000 across six organizations and the General Grant fund awarded $161,700 across 23 organizations, all serving the greater San Diego The latest grants reflect the Foundation’s most recent infusion of County area. resources into some of San Diego County’s most underserved populations and underscores the Foundation’s decades-long dedication to providing The Foundation’s mission has assumed an even greater significance this legal services, public awareness education and improvements to the year, as the San Diego County region continues to reel from the impacts region’s justice and court system. Since the Foundation began its grants of the COVID-19 pandemic. program in 1979, it has distributed in excess of $4 million to more than 50 legal aid and public interest organizations through grants made possible “Now more than ever, it’s critical to give back to and invest in our by contributions from San Diego’s legal and business communities and most at-risk communities,” Foundation President Alreen Haeggquist in partnership with the San Diego County Bar Association. said. “At the San Diego County Bar Foundation, we take our role and responsibility incredibly seriously; we know that the funds we allocate Generally, awards from the Foundation’s General Grant and Indigent in the community can and do have a specific, measurable impact on Criminal Defense funds focus on assisting people and communities people’s lives. We are grateful for the continuing contributions to throughout North County, Central/Downtown San Diego and East our Foundation from members of the legal community, and we look County. Grants assist organizations focused on social justice, that serve forward to learning more about the good work our grantees will surely immigrants and asylum seekers, survivors of domestic violence, people do in the coming year.”
The San Diego County Bar Foundation is the charitable arm of the San Diego County Bar Association (SDCBA). Through this partnership with the San Diego County legal community, the Foundation aims to benefit underprivileged communities in the region, by providing them with access to support, funding and public service programs with legal services. The Foundation’s beneficiaries include more than 50 legal aid and public interest organizations. For more information or to make a donation, visit www.sdcbf.org.
A CONVERSATION WITH JUDGE KATHERINE MADER (RET.) AND A LOOK INTO INSIDE THE ROBE By Julie T. Houth
W
hile the COVID-19 pandemic forced abrupt changes to how we practice law, the life of a judge remains mysterious even to those in the legal profession. Perhaps more than ever, judges and the role of the judicial branch of government have been a topic of discussion, especially with the passing of Supreme Court Justice Ruth Bader Ginsburg. A conversation with newly retired Los Angeles Superior Court Judge Katherine Mader provides a glimpse into the life of a judge before the pandemic and her new book, Inside the Robe: A Judge’s Candid Tale of Criminal Justice in America, which unveils the mysteries and complexities of the judgeship world.
memorable time as a judge, she mentioned a man named Kash Register (his real name) who was in prison for about 34 years for a murder he did not commit, whose writ randomly landed in her court. It was her role to appoint a lawyer for Kash, so she sent him to Laurie Levenson’s Project for the Innocent at Loyola Marymount University. In Civil Court, attorney Barry Scheck, known for his work on the O.J. Simpson trial, helped Kash reach a settlement of $16 million for the time he spent in jail. He was found factually innocent and his record expunged. Besides the defendants, Judge Mader also observed expensive, private lawyers that were
Professional Background Before Judgeship
either incompetent or superb; disinterested or
Judge Mader has had a decorated career with nearly 45 years in the legal profession. Before she spent almost two decades as a judge in criminal court, she
public defenders. As a judge, she kept these
was also LAPD’s first inspector general, overseeing LAPD’s disciplinary system; a prosecutor in two murder-for-hire trials; and a defense attorney. She spoke of the time she saved Angelo Buono — one of two notorious serial rapists/murderers known as the Hillside Stranglers — from execution as a defense lawyer. Judge Mader’s broad range of experience on both sides of the criminal justice system provided unique insight into the variety of cases that would come before her as a judge.
respective backgrounds.
empathetic prosecutors; and zealous and creative observations to herself and remained neutral, but she believes judges are influenced by their
A Judge’s Background Influences a Judge’s Decision-Making Process In the preface of her book and in this conversation, Judge Mader states that judges are just human and all judges strive to be “fair.” She states, “I can’t pinpoint how or when my life became propelled by the pursuit of justice, but it must have coincided with my teenage discovery of the fate of my relatives.”1 Her background includes being haunted by the loss
Life as a Judge
of family members during the Holocaust. This
Judge Mader ultimately decided to make the shift from lawyer to judge. When asked about her most 20
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memory of her family has driven her to recognize and call out unfairness. She further states,
“While blind justice is the ideal, I don’t believe it’s the reality”2 because merely “following the law can produce wildly different results from judge to judge”3 depending on the background, politics, and life experiences of each judge.
Post Judgeship — Inside the Robe When asked about her purpose for writing Inside the Robe, she said she spent several years thinking about how she could give the public a better
Final Thought As the public becomes more critically engaged with the U.S. judicial system, more questions about judges’ ability to remain objective will come up. Judge Mader acknowledges the criminal justice system has a lot of power over many lives and believes “we all have a sacred responsibility to make sure our personal histories and biases don’t infect our day-to-day decisionmaking.”4 She’d like to be remembered as someone who tried to inject fairness into the criminal justice system.
understanding of the inside workings of the criminal Julie T. Houth (jhouth@rgrdlaw.com) is a staff attorney at Robbins, Geller, Rudman & Dowd LLP and co-editor of San Diego Lawyer.
justice system. The book itself is a daily diary of events and cases in her courtroom, covering one year and documenting the complexities of just “following the law” from January to December 2016. Upon retirement in early 2020, she felt ready
Footnotes
to share her experiences through this book, which
1. Mader, Katherine. Inside the Robe: A Judge’s Candid Tale of Criminal Justice in America. Brooklyn, Antenna Books, 2020, p. xvi.
presents the judicial system in a raw and candid her observations, which ranged from routine to
2. Mader, Katherine. Inside the Robe: A Judge’s Candid Tale of Criminal Justice in America. Brooklyn, Antenna Books, 2020, p. xvii.
abnormal. Her choice of words is careful
3. Id.
but honest, as expected from a judge.
4. Mader, Katherine. Inside the Robe: A Judge’s Candid Tale of Criminal Justice in America. Brooklyn, Antenna Books, 2020, p. 363.
way. Each month is a separate chapter and presents
SOCIALLY-DISTANCED CONSTITUTIONAL RIGHTS FEDERAL JURY TRIALS MEET COVID-19 By Edward McIntyre
T
he drafters of the Seventh Amendment thought they had it nailed. For suits at common law, the right to a jury trial “shall be preserved.” The Sixth Amendment guaranteed defendants in criminal cases a “speedy and public trial.” But in the midst of a deadly pandemic?
COVID-19
ONE YEAR LATER
Statewide shutdown notwithstanding, the judges of our Southern District federal court were determined to resume civil jury trials as soon as safely possible — maybe even in criminal cases. Then-Chief Judge Larry Burns1 spearheaded the effort. He appointed Judge Anthony Battaglia to lead a program to design the protocol that would permit jurors, parties, witnesses, lawyers, court personnel, and judges both to gather safely in courtrooms and also feel safe when there. Judge Battaglia, ever the serious student, consulted experts: scientists, including an epidemiologist; lawyers; physicians; and other judges. According to Judge Burns, Judge Battaglia mastered the process, developing the District’s Trial Reopening Plan; he introduced it with an hour-long FBA-sponsored webinar. He has now become an expert in the procedure, not only in the Ninth Circuit, but nationally. How does a court conduct a jury trial in a pandemic? First, fewer jurors received summons because the plan allowed only one trial on each courthouse floor. Arriving jurors maintained a 6-foot separation both when entering the courthouse and at all times after that. Each received a COVID safety package: mask,
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COVID-19 ONE YEAR LATER plastic face shield, hand sanitizer, pen, and notebook. Instead of jury selection in the courtroom, prospective jurors reported to a large assembly room where the lawyers and judge for the case met them for voir dire. The plastic shields? Whenever a person spoke — juror, witness, lawyer — she or he replaced the face mask with a shield so the whole face became visible: better to gauge credibility. Voir dire complete, the selected jurors — federal civil cases only require six jurors; typically, a case may have eight — traveled (socially distanced) to the courtroom. There the protocol turned “normal” on its head. Jurors sat not in the jury box, but in the gallery — spread out with counsel tables reversed, lawyers’ backs to the judge, and the witness at the podium, all facing the jurors. The judge and other court personnel sat in their usual places, but behind plexiglass screens. No visitors in that courtroom, but rather observing virtually in another. A variant of the plan gave the trial judge discretion to seat some jurors in the jury box, with the balance in the gallery or first row in front of it. And so, the trial proceeded: opening statements, witness testimony, and argument. When it came time for deliberation, the jurors had a courtroom to themselves so they could remain spread out — but with privacy secured — until verdict. Jurors were sequestered for lunch — courtesy of the District — in the spacious Enright conference room, with an outdoor veranda that allowed plenty of fresh air and sweeping views of the bay. Judge Burns himself tried the first civil case, a section 1983 civil rights action, in mid-August. When he met with prospective jurors, he spent time attempting to relieve their anxiety about coming together, explaining how the District had focused primarily on their safety, had engaged professionals to design its protocol, and had followed all CDC guidelines. Two physicians were among the venire. When asked about concerns, one responded it was safer than the hospital where he worked. The District was able to continue with jury trials until November, when COVID again began to peak and the Governor issued a stay-at-home order because of the rising numbers of infections. To avoid state/ federal conflict,
Judge Burns again paused jury trials. That remained the case until March 1, although he hopes the District can resume them, either with the former protocol or some variant.
... the Southern District led California; none of the other three federal districts was able to complete a jury trial since the March 2020 COVID shutdown. In all, from August until November 2020, the District had 14 jury trials; 10 in civil cases and four in criminal cases, with the mandatory 12 jurors. Judge Burns himself conducted three trials, two civil and one criminal. Judges Battaglia, Bencivengo, Curiel, Robinson, and Sabraw presided over others. In this respect, the Southern District led California; none of the other three federal districts was able to complete a jury trial since the March 2020 COVID shutdown. 2 The Constitution’s authors secured our right to jury trials. COVID pandemic or not, the judges of the Southern District have deployed singular imagination to ensure it remains secure. The San Diego Superior Court is resuming jury trials. Stay tuned . . .
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
1. Judge Burns passed that gavel to Chief Judge Dana Sabraw on January 21, 2021. 2. Judge Burns emphasized that, although jury trials resumed only in August, the District has remained “open” since last March, using, wherever permitted, virtual appearances, especially in critical criminal proceedings for in-custody defendants — a priority of the District’s judges.
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COVID-19 ONE YEAR LATER
NEW LAWS AND GUIDANCE FOR THE WORKPLACE AS CORONAVIRUS CLAIMS RISE: MEDIATION PROVIDES EFFECTIVE RESOLUTION IN 2021 By Kristin Rizzo
T
he COVID-19 pandemic has dramatically changed the American workplace. In response, new laws have been implemented and new
guidance has been distributed from federal and state entities to provide direction to businesses to ensure worker safety. As the pandemic continues, and we await mass vaccine distribution, new employment claims and novel legal issues are also on the rise. Like most employment matters, these COVID-specific claims can benefit greatly from efficient and effective mediated resolutions. The pandemic has required an expansion of laws to provide workplace guidance to ensure worker safety. The California Family Rights Act (CFRA) has been expanded via recent legislation (Senate Bill 1383) in several major respects to provide enhanced coverage of family and medical leave rights. This expansion is significant as it provides many more workers a wider range of protected leave to care for more family members, making CFRA more expansive than its federal counterpart, the Family and Medical Leave Act (FMLA).
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Effective January 1, 2021, CFRA applies to private employers of five or more employees, and eligible employees can take up to 12 weeks of leave to care for their own serious health condition, or to care for a parent, spouse, domestic partner, child (minor, adult, or child of a domestic partner), grandparent, grandchild, or sibling’s serious health condition, or to bond with a new child. (See Government Code section 12945.2.) Additionally, the CFRA expansion created the small employer mediation program, where employers — with five to 19 employees — and their employees can opt to resolve any dispute over CFRA leave through the Department of Fair Employment and Housing (DFEH) mediation program. (See Id. at section 12945.21.) The Legislature not only expanded leave rights for employees, but it also wisely created a mechanism for efficient dispute resolution through a pilot mediation program. As COVID-19 vaccines are gradually distributed, the United States Equal Employment Opportunity Commission (EEOC) recently issued guidance for employers on mandating vaccines in the workplace.
COVID-19 ONE YEAR LATER The guidance, simply summarized, suggests that an employer may require its employees to get vaccinated, but must provide reasonable accommodations and engage in the interactive process with employees who have disabilities and those with sincerely held religious beliefs in opposition to vaccination. (See www.eeoc.gov.) While the EEOC guidance provides a framework for employers to consider requiring vaccines of its employees, this is a very new and developing area of the law.
As with much of the legal profession, mediation has moved exclusively online during the pandemic, and has continued to be successful in resolving matters. A year into this pandemic, we are now seeing our first wave of coronavirus-related workplace claims and can expect more to come. These varied and complex matters are based on new and expanded laws (Families First Coronavirus Response Act and California Family Rights Act) and on new legal theories under existing laws (Americans with Disabilities Act, California Fair Employment and Housing Act, and the California Labor Code). These disputes will also likely assert various wrongful termination and retaliation claims with aspects of COVID-related claims, such as discrimination, failure to accommodate or interact, workplace safety concerns, whistleblower claims, stay-at-home orders, vaccine-related claims, and wage and hour and other
court outcomes, (2) the unpredictability of these untested claims, and (3) the fact that the parties are provided effective and efficient closure under their own defined terms. These claims are likely to remain uncertain in their outcome for an undefined period due to court and trial delays, and bringing these disputes to trial could lead to unpredictable results, potentially causing prolonged emotional, financial, and other detrimental effects on the parties. Early mediation, whether pre-litigation or pre-discovery, can help the parties move past these disputes and find closure during this time of challenge and crisis. Mediating these disputes removes the risk of a decision made by someone else and provides the parties with a path to define the contours of their own resolution. As with much of the legal profession, mediation has moved exclusively online during the pandemic, and has continued to be successful in resolving matters. The online dispute resolution format has also broadened our perspectives and shown us some unique advantages. Online mediation provides the norms experienced during in-person mediation, such as confidentiality and security (through locking features and waiting rooms to ensure only invited participants are let in), privacy for one-party-only caucus sessions (via breakout rooms), and electronic document exchange and settlement agreement execution (using screen sharing functions and e-signature methods). It also offers additional benefits, such as the added convenience of mediating from anywhere without having to travel (meaning key players, insurance representatives, and even certain witnesses are more accessible), the parties are able to experience the mediation from the comforts of home or from a familiar setting (adding a relaxed feeling to mediations), and session breaks allow restorative opportunities (participants can turn off the audio and video function), offering precious moments of solitary reflection. As workplace coronavirus laws expand and claims rise, online mediation provides effective resolution during this pandemic.
labor code claims related to remote work. With the expanded laws and resulting coronavirus claims, workers and businesses alike can benefit greatly from mediated resolutions. The reason is three-fold: (1) the problematic time uncertainty of
Kristin Rizzo (Rizzo@RizzoResolution.com) is a full-time employment neutral at Rizzo Resolution and an employment mediator affiliated with West Coast Resolution Group. She is a past Chair of the SDCBA’s Labor & Employment Section and a Past President of the SDCBA.
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COVID-19 ONE YEAR LATER
ROUNDTABLE
PANDEMIC AND THE PRACTICE OF LAW By Edward McIntyre A cliché — COVID turned everything upside down.
practice has improved the quality of life for his lawyers and their families — a significant benefit.
What about law practice? Near-term impact? Longer? To gauge repercussions at six months and after almost a year, I interviewed managing partners of six San Diego firms: Higgs’ Steve Cologne; Solomon Ward’s
Several managers see remote work policies postpandemic as “inevitable.” One sees a recruiting benefit — the existence of a policy was the most common prepandemic question potential recruits asked about.
Steve Schreiner; Wingert’s Steve Grebing; Seltzer’s Robert Caplan; Procopio’s John Alessio; and CaseyGerry’s Dave Casey Jr.
1
Remote Practice Lawyers and staff proved flexible, quick to adapt to remote practice and, almost universally, adept at learning the technology that allows it. Young, and most older lawyers, evolved smoothly and quickly. Even with vaccines in the offing, most firms still see only 10% to 35% of lawyers in the office, the balance working efficiently from home — or somewhere. Yet firm productivity has returned to, or surpassed, when COVID hit. Lawyers learned they can work self-sufficiently from “away” — and like it. Only one firm reported almost all lawyers and staff returning full time. Longer-term, a consensus among firm leaders: more lawyers will want to work remotely, at least part time. It provides flexibility, avoids wasted commutes, accommodates child care — a burden still falling heavily on women lawyers — and allows more efficient use of time and resources. One manager observed that remote
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Post-pandemic, remote working will become more the norm, more acceptable, without loss in efficiency. In fact, most managing partners see the prospect of only 50% or 60% of lawyers rotating through a firm’s office at one time, although school reopenings and vaccine availability may alter those projections.
More Technology During the pandemic, each firm upgraded technology so lawyers and staff could work remotely — more laptops and phones, web cameras, software upgrades, printers for home, better monitors, and more robust and sophisticated equipment. Longer-term, bigger technology budgets: new and even more sophisticated wireless facilities; conference rooms with Zoom capability; a library converted into permanent Zoom space for deposition/conference use; videoconferencing capacity for all staff; additional support personnel to assist lawyers using such platforms for depositions, hearings, and even trials. A new technological era with no turning back. Technology costs, however, may have a major offset.
COVID-19 ONE YEAR LATER
Less Space Managers agreed that space, post-pandemic, will be an issue — not more but less. “A tenants’ market.” Several are considering whether, when leases expire, their firms will need less space, or at least no more, and how that space will be configured. Will “traditional” firms — each lawyer with a “dedicated” office — continue? Will firms with “excess” space sublet — notwithstanding associated security and confidentiality issues? Consensus? We’ll see a wholesale change in space needs. One managing partner believes, at lease expiration, his firm will give back much of its current space — the second biggest expense after payroll. If lawyers can achieve the same level of service and productivity with less space — as the pandemic has proven — prudent management requires firms to consider how the future will look. Consensus? Different.
The Pandemic’s Price Remote practice had a price: delegation, supervision, and mentoring of associates and younger partners became a challenge. What one partner called “research by walking around” disappeared. Telephone calls and Zoom calls with partners — time-consuming, and at times difficult to arrange — replaced “open door” cultures, heretofore important to training and mentoring. A consensus among managers: younger lawyers were not getting the same training they would have gotten with everyone in the office, in spite of Zoom meetings with partners, virtual team meetings, and remote firm gatherings. Supervisors necessarily spent more time advising from afar. All agreed that mentoring is critical for younger lawyers and young partners as well as law clerks and interns. If remote practice, even part time, becomes a post-pandemic norm, firms will have to develop new mechanisms to ensure effective supervision, mentoring, and integration. Working remotely also makes building a “book of business” more difficult for young lawyers because often business development depends on
relationships. Until now, that generally meant faceto-face interaction. Can technology replace the personal? For some, the jury’s out. The lack of physical presence has also had an impact on firm morale and collegiality; some found camaraderie difficult to achieve during Zoom meetings, even though all firms tried them, including virtual happy hours. Zoom left some feeling empty. Others? Less negative impact. One manager feared a lasting jolt to the profession at the law school level, many of which struggled pre-pandemic, with potential aspirants questioning the profession’s costs/benefits and looking elsewhere.
Business Hit The pandemic’s abrupt shutdown had an immediate business impact on all firms, with the PPP loan program coming at a crucial time. Managers expressed cautious optimism that business would return — already rebounding in certain practice areas. Litigation, with trials pushed to late 2021 and beyond, returns well for some, for others more slowly — trial lawyers now adjusting to Zoom depositions, mediations, and arbitrations. Jury trials, however, and preparation for them, critical to case resolution, are still a distant prospect. Managers see young lawyers looking for good jobs at stable firms and, already, have benefited from talented lateral moves — a plus. Firms have elected new partners and hired additional lawyers.
Strong Firm Cultures Two partners expressed aloud what all felt: pride in lawyers and staff who adjusted to the crisis, accommodating needs of clients and firms — underscoring each firm’s deep values culture. No firm is going away. Rather, each developed the flexibility to adapt to an ever-changing, ever-challenging world. With vaccines available, promise is on the horizon. COVID has an end date.
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
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COVID-19 ONE YEAR LATER
Cartoon by George W. Brewster Jr.
ZOOM WEAR AND BEHAVIOR, BEWARE By Jeremy M. Evans and Christine I.P. Schumacher
W
hen the pandemic reached the U.S. shores, the move to digital was expedited. All the things people and businesses do online took a step forward out of necessity. The quickness of the innovation forced families and professionals to adapt quickly. There were more Zoom, Microsoft Teams, and FaceTime meetings, as well as virtual conferences on a dozen other platforms. More time to stream, tweet, and spend time with family. If the pandemic has done something positive, it is the ability, or opportunity, to refocus priorities and refashion your image, even if virtually. On the other hand, it would be fair to say that professionalism has not reached refined levels of netiquette.
Gentleman’s Notice from Jeremy Whether it be court hearings, arbitration, litigation, or in the classroom, bathrobes, crying children, and barking dogs have all made a virtual appearance. Appearing virtually should actually be easier. As Larry David, comedian and creator of Seinfeld and Curb Your Enthusiasm, once said, “I have been practicing social distancing for years.” Attorneys and professionals can leave their socks, shoes, and
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dress pants in the drawers, on the racks, and on the hanger in the closet. Definitely wear bottoms, but the opportunity is there to be more casual below camera view. Wear a suit jacket, tie, and pocket square for added flavor. People can still see you, so make sure the shirt is ironed or wrinkle-free, the jacket is crisp, use collar stays, and ensure that the tie matches or complements the color of the jacket, and the pocket square does the same. Watches, cufflinks, and other accessories are still good for Zoom because people can see those items if you want a little something extra, style-wise. By the way, an old television camera trick is to straighten and sit on the jacket’s back vent(s) to remove a raised back collar roll. Dress is important for appearance sake, but equally consider netiquette. While making an appearance, use a professional screen saver profile picture when your camera is not showing, but make sure you are sitting down and facing forward while on camera (as if you were acting in a play or appearing on television). The camera should be even with your eye level. Consider having a virtual background that is of your firm (that may include branding like your logo, office, etc.), which also blocks views of your bed, kids, significant other, etc. Consider using
COVID-19 ONE YEAR LATER
AirPods or a similar product for client matters to keep things confidential and for at least one part of the conversation to be left unheard if you cannot have a private space to meet virtually. Lastly, during recording mode, be careful of what you write in Zoom Chat because messages (even in private) can be downloaded by the host.
Fashion Expertista Christine As we look at “Zoom fashion” one year later, perspectives have changed. While more relaxed attire may have been shocking at first, some previously unacceptable attire became more acceptable as the pandemic continued. Here are some do’s and don’ts as virtual court appearances and meetings continue. Tops. A judge once complained to me that some attorneys wore tops so low that she could see the color and style of their bras from her seat on the bench. While this may not be as much of an issue with virtual hearings, keep in mind that you are now seen only from the chest up. Tops that formerly were part of an entire ensemble are now the only thing people see. If we are only seeing your face and decolletage, make sure it is not distracting (no one should be wondering if you are wearing a top). What’s behind you. In the virtual world, what’s behind you is now part of your attire like an accessory. Jeremy talks about this, but it is worth repeating. If you are appearing in court and everyone can see your clothes rack or bed behind you, it is as if you wheeled that in to decorate the counsel table. The entire courtroom or conference does not need to see that your wardrobe is mostly blue tops. Consider a virtual background, creative camera angling, or draping a sheet to cover distractions. Makeup. In a virtual world, there is special emphasis on your face. Extreme levels or application of makeup can now be exceptionally jarring, as can the opposite look of just-rolled-out-of-bed, droopy-eyed with disheveled hair. Zoom has appearance touchup (like an Instagram filter) and virtual lipstick and brows, which you might be able to use in a pinch. Beeps and dings and other loud rings. Just as you might not want to wear jewelry that jingles loudly whenever you move, you do not want phones or email dings loudly interrupting you as you speak (this
While we adapt to virtual settings, remaining professional and presenting yourself well is still the key to being the best advocate for your client and being taken seriously. includes computer sounds). Silence those when you are speaking in court or a meeting. Again, imagine being in court and having your cellphone chiming throughout the courtroom and everyone knows your cellphone is making noise. Blaze on. We all get it. You’re at home and wearing a T-shirt or tank top. Throw a blazer or cardigan on and no one will know the difference, but make the effort to look presentable. The judge is still wearing a robe and physically in the courtroom. You can at least throw on that blazer we all see on the hanger behind you. Like in-person attire, your virtual attire is about being respectful of your audience, be it the court, other attorneys, attendees at an MCLE/meeting/conference, or clients. While we adapt to virtual settings, remaining professional and presenting yourself well is still the key to being the best advocate for your client and being taken seriously.
Jeremy M. Evans is the Founder & Managing Attorney at California Sports Lawyer®, representing entertainment, media, and sports clientele. Clients range from individuals to Fortune 500 companies in contractual, intellectual property, and deal-making matters. Evans is an award-winning attorney and industry leader based in Los Angeles. Jeremy@CSLlegal.com. www.CSLlegal.com.
Christine I.P. Schumacher (née Pangan), is a former editor of San Diego Lawyer magazine. She is a Lead Attorney at the Legal Aid Society of San Diego (Pro Bono Team) and can be reached at ChristineS@lassd.org.
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COVID-19 ONE YEAR LATER
GETTING MARRIED DURING A PANDEMIC By Christine I.P. Schumacher
M
any couples have postponed their weddings to a hopefully pandemic-free future, but how do you move forward with getting married now? Here are a few tips from personal experience.
You also need that marriage certificate to cash any wedding gift checks made to Mr. and Mrs. X (rather than Mr. X and/or Ms. Y). A copy of the unrecorded license/certificate signed by your witnesses and officiant is not enough.
Let go and adapt. Easier said than done, but you cannot remain attached to ideas of what is “supposed” to happen. The giant party, people flying in from across the globe, even walking down the aisle with your beloved family member or friend may not be possible. Some nonrefundable deposits may be lost. Be flexible and stay within guidelines. We went from 120 guests (within the 200-person gathering limit at the time), to 40 guests (below the 50 people allowed next), to 10 people including the officiant. This is now called a “microwedding.” Aside from posing health risks, a wedding can be shut down by city officials for not complying with ordinances. Get your marriage license ASAP. You need a license to marry from any county recorder/county clerk’s office in the state where you are getting married. It expires after 90 days, so you must get married in three months or get another one. As the state began to shut down, I kept checking the county recorder’s website for updates, made an appointment for the first available time slot, and hoped for the best. The license appointment is where you choose new middle and last married names (if any). San Diego’s office closed the day after we got our license, remained closed for some time, reopened as an outdoor marriage hut, then closed again. After the ceremony, we mailed the original license/certificate (now signed by the witnesses and officiant) to the recorder’s office to record our marriage as we could no longer drop it off in person. Buy your official marriage certificate. You need the official marriage certificate with recording date and number from the county recorder to change your name.
Trust putting your actual ID and original documents in the mail. Social Security offices are closed for in-person service, but still need to see your actual ID. This means mailing in your driver’s license or passport (not a copy), your marriage certificate (also not a copy), along with your application. To the Social Security office’s credit, they mailed back my original documents within the week, and I received my new Social Security card the following week. The new passport by mail will take much longer. Be prepared to wait outside the DMV. To get a Real ID with a new name, you must go in person to the DMV. I brought the marriage certificate, Social Security card with new name, passport, lease agreement, and insurance policy that had both my mailing address and residential address (as they are not the same) and waited several hours standing in line outside. Note: Real ID is not required for flights until October 2021. So how was it having a pandemic-era wedding? With Zoom technology, I had a larger bachelorette weekend than originally planned (including cousins from across the globe), a bridal shower, and a mini-reception. Our immediate families had multiple roles in the intimate ceremony, which was live-streamed to guests. Honestly, it was perfect.
Christine I.P. Schumacher (née Pangan), is a former editor of San Diego Lawyer magazine. She is a Lead Attorney at the Legal Aid Society of San Diego (Pro Bono Team) and can be reached at ChristineS@lassd.org.
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WHAT TO DO WHEN ...
YOU AND YOUR CLIENT HAVE OPPOSING POLITICAL VIEWS By Nichole M. Verville
M
y career as an attorney has mostly involved representing indigent individuals in one area of law or another. As a result, for the most part, I have not chosen my clients but rather have had them assigned to me, which has resulted in me representing a wide variety of individuals. Inevitably, there have been more than a few with political views that are the polar opposite of mine; especially after I relocated to a very conservative part of the state. It is easy enough to say, “Well, just don’t talk about politics.” The problem with that advice is that for some people, their political views are part and parcel of who they are. So what do you do when a client wants or needs to discuss their politics with you and they are so different from your own? My answer, as odd as it may seem, is to listen. Listen to your client. Listen to what they are saying and put yourself in their shoes. When your client speaks to you, no matter what the topic is, that conversation provides insight into your client. Insight into what makes your
client tick is what will help you effectively represent them. If your client is a sovereign citizen and doesn’t acknowledge or even believe in the legal process they are being subjected to, you need to know that in order to build rapport with them. You do not need to agree with your client. Clients will pick up on disingenuousness and that will destroy your relationship with them. What clients often need, more than anything, is for someone to listen to them. People have an innate desire to feel heard. Obviously, if the conversation strays too far afield from what you really need to be discussing with your client, you need to redirect the conversation to something more productive. But for a little while, just listen.
Nichole M. Verville can be reached at NMVerville@gmail.com. She has experience in criminal defense, dependency defense, restraining orders, and Social Security on the applicant's side. After passing the bar exam in 2013, she obtained an LL.M. in Trial Advocacy from California Western School of Law.
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HON. EDWARD B. HUNTINGTON (RET.) (1938-2021) By Judge John S. Einhorn
I
t is with a heavy heart that I write of the recent passing of my dear friend, law partner, fellow Superior Court Judge, golfing pal, confidant, business partner, social planner, and dining buddy, the Hon. Edward B. Huntington, (Ret.).
Chairman or President of all he encountered — golfing,
As his law partner, I personally observed that Judge Huntington treated opposing lawyers and clients with fairness and respect. Importantly, he became a close friend whom I could always trust.
Upon retirement from the Bench, Judge Huntington
“Ned” and I were sworn in as Superior Court Judges together and were promptly sent to the Vista Courthouse, he as a Family Law judge and I to a general trial department. He brought with him a lightness and great sense of humor.
Judge Huntington will be missed by our legal
Judge Huntington was fondly called “Judge Nedley” by all who were close to him. “Judge Nedley” enjoyed his life on and off the Bench and participated within and off the Bench in every activity he could find. He seemed to be
With fondness,
Editor’s Note: Judge Huntington passed away February 12, 2021. In addition to all that Judge Einhorn notes above, Judge Huntington also served as President of the San Diego County Bar Association in 1988, and later served on the Board of Governors for the State Bar of California. He liked to tell first-year members of the SDCBA Board of Directors that their job is to be seen and not heard — that is, soak up all of the institutional knowledge from the more senior members of the Board before launching off into new programs and projects. Nedley had a keen sense of humor, which is probably what drew him to Over The
legal activities, Over the Line, Legal Seminars within the Family Law community of lawyers and judges, and in and out of his judicial robes.
embarked upon a new passion: getting on his bicycle (a.k.a. The”Nedleymobile”) and policing the South Mission area, making new friends and thoroughly enjoying himself!
community both for his knowledge of Family Law and his unwillingness to take himself overly seriously. Goodbye Nedley, we’ll miss you!
John S. Einhorn Judge of the San Diego Superior Court (Ret)
Line and made him a popular golfing companion. He was a Hastings Law grad and later earned his Master of Laws in Taxation from USD. His career path included a brief stint with the Office of the San Diego City Attorney, a law firm partnership with other former Deputy City Attorneys, and most notably as a partner with Warren Haviland in the firm Huntington & Haviland (1987-95), after which he was appointed to the Superior Court by Gov. Pete Wilson. He retired from the Bench in 2008. Nedley was interviewed for the SDCBA's Legends of the Bar project, which can be found at https://bit.ly/3uCrGib.
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THE BASICS OF BASEBALL By George W. Brewster Jr.
C
omedian George Carlin famously compared the terms and dynamics of football with those of baseball, noting that baseball begins in spring (the season of new life) while football begins in fall (when everything is dying). And he noted that unlike football — involving the invasion of the other team’s territory — the object of baseball is to go home. And so, to round out this series on Bar sports, with spring upon us, let us take this home with a story about baseball’s own beginnings, and a local baseball fan.
Rounding to Second In 2016, three original manuscripts from the convention were figuratively unearthed. Two were drafts of the Laws of Base Ball written by key proponents, one of whom was Daniel “Doc” Adams, a medical doctor who was president of the Knickerbocker Base Ball Club. Adams, who had earlier invented the position of shortstop, organized and chaired the Convention. The third manuscript was the Convention scribe’s running markup of the Convention’s proceedings for
As we head to first base, some history: It is an error to claim baseball was invented in 1839 in Cooperstown, New York; the game evolved for many years before and after that. A significant development in the advancement of baseball to professional sport status was an 1857 convention of New York City amateurbaseball-focused social organizations, which adopted with full parliamentary formality the “Laws of Base Ball” (the actual title; back then “base ball “ was two words, not one), a complete set of codified playing rules. The Laws also introduced three never-before-imagined rules, which have since become utterly fundamental: the number of players (nine per side or else it’s not baseball), the length of the game (nine innings), and the distance between bases (90 feet).
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the consideration, amendment, and adoption of the proposed Laws. John Thorn, the Official Historian for Major League Baseball, publicly declared the three manuscripts to be the “Magna Carta” of baseball and declared Adams to be “the true father of baseball.” The Laws were then sold at auction in April 2016 for over $3 million. The buyer was not a dealer or even a collector, but merely a lifelong fan who owned no other historical memorabilia. In a July 2018 speech marking the opening of the Library of Congress’ “Baseball Americana” exhibit (2018-19), Thorn thanked that fan for his “historical acumen and public spiritedness” for allowing the Laws to be displayed at the exhibit. We’ll get back to that super fan shortly.
For those of you interested in a VERY detailed history of the early game, Google John Thorn and his blog, or check out his 2011 book, Baseball in the Garden of Eden.
Onward to Third One can’t help but notice the almost-mystical cadence of 9–9–90 from the Laws’ three transformative new rules. (Not to mention that 3 strikes times 3 outs equals 9.) Legendary sports writer Red Smith later said, “Ninety feet between bases is perhaps as close as man has ever come to perfection.” The number 9 has some special added significance to baseball in San Diego — it is the retired number of Ted Williams (for his time with the Red Sox; when Williams played for the minor league San Diego Padres, his uniform number was 19, the same number that Tony Gwynn later wore for the major league Padres). The local chapter of the Society for American Baseball Research is named for Ted Williams, and that organization turns 50 this year. Among other things, that chapter oversees the Sullivan Family Baseball Research Center, which is kept at the San Diego Central Library. They claim to have the largest baseball research documentation outside of Cooperstown. To drive the Williams connection home, take State Route 56 to its eastern termination where it becomes the Ted Williams Parkway, which ends in Poway (Gwynn’s hometown).
Heading to Home The super fan who owns the Laws of Base Ball is none other than SDCBA member Hayden Trubitt. Trubitt, who was President of the SDCBA 25 years ago and is currently a shareholder (partner) specializing in corporate law with Stradling Yocca Carlson & Rauth,
noted that in addition to the Laws of Base Ball’s monumental contribution to the play of the game on the field, in his view the 1857 Convention was crucially important because it marked the birthdate of “organized baseball.” Trubitt says that before then, the game was played by “social clubs, which were primarily for the purpose of playing intramural pickup games and then otherwise having a good time; they were not for the purpose of fielding varsity teams to play against other clubs’ varsity teams, although this was starting to change. But there was no structure which bound the clubs together in any way.” The Convention became a permanent organizing framework to consider possible further standard rule changes and to monitor interclub affairs, with similar conventions held every year thereafter. Today’s Major League Baseball is a direct descendant of these annual conventions. As a lawyer, Trubitt also appreciates the 1857 Convention as an analogue to the United States Constitutional Convention, the Laws as an analogue to statutes, and the 1857 Convention proceedings’ editing of the proposed Laws as an analogue to the drafting and negotiation that characterize his own legal work. So there can be only one conclusion: As Yogi Berra said, "Baseball is 90% mental. The other half is physical." Play ball! To learn more about joining the SDCBA Softball team, visit the Community Involvement portion of the SDCBA website at: https://www.sdcba.org/?pg=sports 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.
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THE JOURNEY TOWARD JUSTICE BEGINS HERE STORIES ABOUT THE WORK OF THE LEGAL AID SOCIETY OF SAN DIEGO
T
By Gregory Knoll
his year, we are proud to celebrate our centennial anniversary as the legacy of the Office of the Public Attorney. Appointed in 1919, Lieutenant P.A. Whitacre was the first Public Attorney. His office was in the Spreckels Theater Building. The Office of the Public Attorney was created through the will of another Lieutenant named Dewitt Mitchell. Lieutenant Mitchell donated $20,000, the equivalent of $301,126.01 today, to the local Bar Association to create the Office of the Public Attorney. Per Lt. Mitchell’s will, the Public Attorney would “perform, free of charge, legal work along civil lines … All persons who shall apply to said Public Attorney for his aid and assistance, and who shall appear to him to be in need of an attorney, shall be the beneficiaries of this trust, and said Public Attorney shall prosecute or defend their rights or give them legal aid or defense.” The will required that “[the Public Attorney] shall be annually selected by competitive written examination.”
Meet Your
Bar-ista
In 100 years, we have grown from one attorney whose monthly salary was $100, to a staff of 168 people, including 70 full-time attorneys. Our mission remains the same: to seek justice for San Diegans living in poverty. We are proud of our mission and our vision that affords us the privilege of serving over 10,000 San Diegans every year, whether their need is help with housing, consumer debt, health care access, public benefits, tax problems, immigration, bankruptcy, restraining orders, or family law issues. HAPPY BIRTHDAY, LEGAL AID SOCIETY. May your next 100 years be as productive as your first.
Gregory Knoll (gek@cchea.org) is CEO/Chief Counsel of Legal Aid Society of San Diego.
1.
We planned to celebrate this milestone in 2020 with a series of events, but were unable to, due to Covid-19.
What are your main responsibilities at the Bar? You’re looking at it! Aside from the magazine, I work on the website, emails, and various other promotional and informative materials.
What is your favorite movie and why? Ghostbusters. To me it’s just the quintessential American story. Also, I like the idea that one good idea can put you on par with gods.
How long have you been working at the Bar? Since October 2007.
ATTIBA ROYSTER SENIOR DESIGNER
What is your favorite part of your job? Coming up with all the illustrations for the magazine. Some of the concepts are very challenging, but I like to think I always find something compelling.
What’s your favorite quote? “There Are Three Types of People: Those Who Make Things Happen, Those Who Watch Things Happen, and Those Who Wonder What Happened.” This quote is credited to many. I try always to be in the former group. What do you love about San Diego? I love the diversity of people and environments.
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CLARIFICATION: CALIFORNIA END OF LIFE OPTION ACT By George W. Brewster Jr. In the September/October 2020 edition of San Diego Lawyer, a tribute piece for the late Jerry Blank was printed. In that tribute, it was noted that Blank took his own life under the California End of Life Option Act (ELOA). While the tribute does not use the term “suicide,” friends and family of Blank wish to emphasize and clarify that his death was within the terms, purpose, and intent of the ELOA. Local attorney Peter Doft, a longtime friend and fellow pilot, said he started to note small changes in Blank’s physical abilities starting in 2017; Blank’s widow, Mary Barranger, said Blank suffered from progressive supranuclear palsy (an atypical Parkinson’s condition), which is an uncommon brain disorder with
2021
no cure. She said that in the fall of 2019 “Jerry became more and more afraid of getting stuck in his failing body,” and expressed his intent to seek an end to his suffering under the ELOA. (The ELOA specifies death with dignity actions where a condition will cause death within six months — a difficult standard for degenerative diseases — and that any action “taken in accordance with (ELOA) shall not, for any purposes, constitute suicide ...”). With two doctors signing on with this end-of-life treatment, Blank took the medications and passed away on December 14, 2019. “I am still in awe of his bravery and courage,” said Barranger.
THANK YOU 100 PERCENT CLUB 2021 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 2021. Your commitment to the San Diego legal community is greatly appreciated.
Ames Karanjia LLP Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo Balestreri Potocki & Holmes Beamer, Lauth, Steinley & Bond, LLP Bender & Gritz, APLC Best Best & Krieger LLP Blackmar, Principe & Schmelter APC Blanchard, Krasner & French APC Bobbitt, Pinckard & Fields, APC Bonnie R. Moss & Associates Brierton Jones & Jones, LLP Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Christensen & Spath LLP Cohelan Khoury & Singer Devaney Pate Morris & Cameron, LLP Dietz, Gilmor & Chazen, APC District Attorney’s Office Donald R. Holben & Associates, APC Driscoll Anderson Reynard LLP Duckor Spradling Metzger & Wynne, ALC Dunn DeSantis Walt & Kendrick, LLP Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP Fleischer & Ravreby Fragomen, Del Rey, Bernsen & Loewy, LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Green Bryant & French, LLP
Grimm, Vranjes & Greer LLP Hahn Loeser & Parks, LLP Henderson, Caverly & Pum LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Johnson Fistel LLP Judkins Glatt & Rich LLP JWB Family Law Kennedy & Souza, APC Klinedinst PC Koeller Nebeker Carlson & Haluck LLP Konoske Akiyama | Brust LLP Kriger Law Firm Latham & Watkins, LLP Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP Mara Law Firm, APLC McCloskey Waring Waisman & Drury LLP McDougal Love Eckis Boehmer Foley Lyon & Canals Miller, Monson, Peshel, Polacek & Hoshaw MoginRubin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McCabe & Hudson APLC Niddrie | Addams | Fuller | Singh LLP Noonan Lance Boyer & Banach LLP Office of the Public Defender Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP
Pettit Kohn Ingrassia Lutz & Dolin Pillsbury Winthrop Shaw Pittman LLP Preovolos Lewin, ALC Price Pelletier, LLP Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC Rowe | Mullen LLP San Diego Unified Port District Sandler, Lasry, Laube, Byer & Valdez LLP Schulz Brick & Rogaski Schwartz Semerdjian Cauley & Moot LLP Sharif | Faust Lawyers, Ltd. Sheppard, Mullin, Richter & Hampton LLP Shoecraft Burton, LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Stettler, APC Smith Steiner Vanderpool, APC Solomon, Grindle, Lidstad & Wintringer, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stokes Wagner, ALC Sullivan Hill Rez & Engel, APLC Tresp, Day & Associates, Inc. Webb Law Group Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes Wingert Grebing Brubaker & Juskie LLP Wirtz Law APC Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo
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THE BENEFITS OF SDCBA MEMBERSHIP The SDCBA is your professional association, here to support you as a lawyer every way we can. Take advantage of our wide variety of programs, services, events, and member benefits to help you grow and thrive in your legal career. Your membership gives you access to beneficial networking, fulfilling leadership opportunities, continuing education, fun social events, LOTS of free and highly discounted services that can save you thousands of dollars, and myriad ways to expand your practice as well as give back to the community. Learn more at www.sdcba.org.
Your SDCBA membership gives you a host of exclusive benefits to support your success and fulfillment as a lawyer:
Upgrade to Patron Membership for only $600 annually (that’s just $50 a month) and enjoy the exclusive member benefits that all SDCBA members enjoy, plus:
• Get access to ALL SDCBA live and on-demand CLEs for just $100 with the all-new CLE Annual Pass. Join now to grab the pass and save hundreds of dollars today.
• Unlimited CLEs (live and on-demand).
• Fulfill your CLE requirement with the SDCBA’s exclusive, custom-crafted collection in the SDCBA CLE Center™.
• Your upgraded membership also helps the SDCBA fund the pro bono work we do in the community at large. To thank you, we’ll recognize you in our magazine, on our website, and at our Signature events.
• Connect instantly to over 9,500 attorneys, judges, and legal community members in San Diego County with our 26 practice-area listservs for members. • Free and discounted members-only programming, education, and networking opportunities to support the success of your practice, your growth, and your wellness.
• Unlimited free admission to all SDCBA paid events and programs, plus inclusion in special invitation-only events.
It’s a tremendous value at just $600 per year (and this can be paid in convenient quarterly or monthly installments too). Membership is open to attorneys, legal community members, and vendors in the legal community.
• Get free consulting hours with our expert Technology and Practice Management Advisor (this could save you thousands of dollars). • Enjoy substantial discounts on law practice management, business, and lifestyle services through our official Member Benefit Partners – available only through your SDCBA membership. • Reduced annual fee to participate in our Legal Referral Service, a great way to gain new clients in San Diego & Imperial counties. • Free members-only Legal Ethics Hotline. • Free subscription to San Diego Lawyer magazine and our regular e-newsletters.
Upgrade to Friend Membership for only $400 annually (less than $34 a month) and enjoy the exclusive member benefits that all SDCBA members enjoy, plus: • Get included in our special invitation-only events.
• Valuable leadership programming you won’t find anywhere else.
• Your upgraded membership also helps the SDCBA fund the pro bono work we do in the community at large. To thank you, we’ll recognize you in our magazine, on our website, and at our Signature events.
• Free downtown parking after 5 p.m. on weekdays and all day on weekends. • Free workspace, conference rooms, business center, and snacks at the Bar Center at 401 (when the Bar Center reopens). • Free notary service at the Bar Center at 401 (when the Bar Center reopens).
It’s a great value at just $400 per year (and this can be paid in convenient quarterly or monthly installments too). Membership is open to attorneys, legal community members, and vendors in the legal community.
100 PERCENT CLUB The SDCBA’s 100 Percent Club offers extra benefits to law firms, public agencies, and non-profit legal organizations that provide SDCBA membership to 100% of their attorneys. Any firm with at least five attorneys, all with active SDCBA memberships, qualify for the 100 Percent Club. Your Club benefits include all of the benefits available to individual members, plus: • Recognition in San Diego Lawyer magazine, on the SDCBA website, and in the SDCBA Member Lounge. • Invitations to special SDCBA events for all of your firm’s attorney and staff members. • Access to our online video archive featuring presentations on legal technology topics, remote working tips and solutions, and other educational resources, available to all of your staff, including non-attorneys. • One convenient, consolidated membership renewal statement. • A digital “SDCBA 100 Percent Club” badge to display on your firm’s website as well as your advertising and other communications.
For information on joining the 100 Percent Club please contact Andrew Cave, Director of Member Services, at acave@sdcba.org.
WHY I BELONG AILEEN SHEPHERD ASK IP LAW Areas of practice: Intellectual Property Law
What initially inspired you to practice law? Going through the immigration process in New Zealand and starting a small business. Proudest career moment? Starting my current practice, ASK IP LAW. What fills your time outside of work? Spending quality time with my fiancé and nearly 16-year-old corgi mix, Yoda. I also do some form of physical activity outside almost every day. I switch it up, but my main activities right now are paddleboarding, biking, tennis, walking, or exercising at the outdoor gym in my complex. I live on the bay in Coronado and regularly do beach cleanups.
“If I weren’t an attorney, I’d be ...” I have an entrepreneurial spirit, so I would likely start another business with an environmental focus. What is your favorite movie, book, or TV show? Why? The Firm. It’s one of the greatest thriller movies of all time. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? Networking. Some might not think of this as a skill, but as a solo practitioner and former business owner, I know how valuable networking can be. Most of my clients come from referrals. Networking can feel awkward, but you really have nothing to lose by trying to connect with other people. I think you will find that people are generally friendly and want to be helpful. There are still plenty of opportunities to network during these virtual times. You can connect with people on LinkedIn or through one of many organizations that are still managing to host engaging virtual events. What would you most like to be known for? Living intentionally and having a positive impact on others and the environment.
The San Diego County Bar Association Condemns Criminal Acts Targeting The Asian American And Pacific Islander Communities Since the onset of COVID-19 a year ago, xenophobic statements and racial slurs against members of the Asian American and Pacific Islander communities have escalated to acts of physical violence. In recent weeks, we have witnessed a horrific increase in the frequency, brazenness, and brutality of these crimes. The San Diego County Bar Association, an organization that deeply values community and inclusion, categorically condemns such acts, the people who perpetrate them, and a culture that promotes them. We stand resolutely in solidarity with organizations across the country, including the National Asian Pacific American Bar Association, Filipino American Lawyers of San Diego, and Pan Asian Lawyers of San Diego, that have made strong statements condemning these acts of violence. But more than speaking out, we must all be vigilant at interrupting bias and reporting suspected hate crimes. To that end, we applaud the San Diego District Attorney’s Office for establishing a hotline and online reporting tool for suspected hate crimes, and all local, regional, and national agencies and organizations providing similar support, including Stop AAPI Hate and the Southern Poverty Law Center. We believe in the inherent right of all in this country to enjoy a life free from fear, hatred, and violence of any kind, and we are committed to working together with our community to protect this right. To learn more about anti-racism and to get involved, visit the SDCBA Anti-Racism Resources page at sdcba.org/?pg=Anti-Racism-Resources. SAN DIEGO LAWYER
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CONGRATULATIONS! The San Diego County Bar Association celebrates the success of those in San Diego who passed the bar exam in October 2020. Gabrielle Aboujaoude Alyssa Acuna Lauren Adjieff Cassandra Alfaro Osama Alkhawaja Michael Allnabulsi Miguel Alvarez Victoria Alvarez Pinky Ananda Nathan Andersen Jeffrey Anson Thomas Appleman Evan Armstrong Amy Armstrong Alexander Aroeste David Arreguin Jr Edmond Aruffo Melissa Arzave Trujillo Leonid Arzumanyan Alexandria Ashour Brian Attard Lundon Attisha Amanda Austin Shana Avery Andre Azimzadeh Madeline Baker Anthony Bareno Erika Barraza Madeline Barrett Ashley Barton Joseph Bassett Cy Bates Matthew Batista Lynette Belsky John Bennett Nicholas Berk Lauren Betters Sahar Bijan Luiz Fernando Bimbatti Mattos Gebriela Birhane Daniel Blasingame Lauren Bochurberg Ryan Bowton Amanda Bray Erin Brewer Sarah Brickey Daniel Brockwell Andrew Brodkin Brian Brown Eleanor Brown Joe Bsaibes Charles Burden Jason Burkhead Logan Burwell Mary Elizabeth Buttitta Kaden Byron Daniel Calton Oswaldo Calvachi Regina Calvario Lauren Cambronero Mauricio Campos Daniel Canavan Matthew Capelle Aundrea Cardoza Eric Carr Dalton Case Sarah Casey Mercedes Castro Francesco Maria Cavalieri Philip Cavello Elliot Cavnaugh Geneva Cazares Philip Cernera Katherine Cervantes Micaela Cervantes Makenna Chambers Derek Chambers
Morgan Chandegra Morgan Chase Yawen Chen Joseph Cheng Emily Child Steven Christianson Amber Church Chandler Ciernia Joshua Cintas Andrea Cisneros Valdez Christian Clapp Cassidy Clark Zakkery Clark Matthew Coderre Nicole Cohen Benjamin Cohen-Kurzrock Keith Collins Jennifer Conklin John Conlon Katie Conrad Lauren Constantinides Jose Contreras Rachel Corradini Deja Correia Guinness Costello Christopher Cotter Tyler Courtney Aaron Crimmins Betsy Crowder Jennifer Cruz Reina Cruz Douglas Cullins Trentan Cunningham Norah Cunningham Christopher Czaplak Priscilla Dababneh Timothy Daveler Nicole Davidov Samuel Davies Sofia De La Rocha Jesan De Leon Alec Dea Lauren Dehasque Dustin Delp Sharon Delshad Theresa Deroberts Armando Diaz Lombardo Ocariz Gabriella Dicaprio Elizabeth Dimaano Byron Donovan Sara Dorworth Cassandra Dougherty Riley Doyle Patrick Dubois Maura Duffey Sandra Duritza Sarah Early Ronald Ebbole Talia Edelman Francesca Egger Steven Eheart Giovanna Eischen Ricardo Elorza Sara Emerson Caitlyn Emery Mariah Emmons Tatyana Esmailian Maria Espinoza Kristie Espiritu Christine Fares Jordan Farmer Jasmine Farrington Kyle Fath Kelilah Federman Shanxi Feng John Ferriter Kaitlyn Forbes
Jonathan Ford Kathryn Foust Noah Gaarder-Feingold Saige Gallop Daniel Galvan Kevin Ganley Abigail Gardner Claudia Gavrilescu Stephanie Germani Joana Ghoche Masuad Ghulam Tara Giery Nicole Gilliland Magali Godfrey Taylor Goldschmidt Wesley Gonzales Mason Goodman Ksenia Gracheva Dennis Grady Dakota Griggs Samir Hafez Rocky Halfon Jordan Hampton Zachary Harned Ross Harper Igor Harris Miranda Hart Elham Hassantash Houston Hatfield Chuan He Chelsea Head Candice Heinze Rachael Heller Susan Henderson Taylor Henderson Chasity Hendren Jocelyn Heredia Bianey Hernandez Daniel Hernandez Rebecca Heywood Julia Hoch Christopher Hodge Natalie Holtz Matthew Honig Michael Hopkins Hannah Hopson Emma Horner Savanah Howe April Hu Sarah Huff Brendan Hughes Lauren Hugo Tamie Humphreys Molly Humphreys Megan Humphries Wei-Chen Hung Julie Hunt Kayla Huynh Mark Irving Sasha Jamshidi-Nezhad Thomas Jarboe Katherine Jaski Sunny Jeon Zihan Jiang Taylor Johnson Michael Jones Kelly Kagan Narges Kahvazadeh Injae Kang Julia Kapchinskiy Samantha Kaplan Ali Alp Karabay Ashkan Kargaran Patrick Kelley Michelle Kellogg Shawheen Khodapanah Oliver Kiefer
Rayna Kim Mari Kleven Michael Kolesin Blake Koloseike Kristina Krasnikova Mark Krok Michael Kuo Allison Kuska Tori Kutzner John Lacrosse Sonja Larimore Paloma Larson Madison Lathem Rachelle Law Alexandra Leclair Cheyenne Lee Lauren Lee Jacob Leitner-Zieff David Levine Mollie Levy Thomas Livingston Patrick Lloyd Helen Lockett Diana Lopez Jahne’ Maddock Melissa Madrid Marlene Magit Kenneth Mallernee Marwan Mamoun Sanoufi Benjamin Mantle Jerod Markley Joseph Markus Tyler Marquez Marissa Martinez Samanta Martinez-Villarreal Elizabeth Mayberry Helene Mayer Jordan Mcclenny Monet Mccord Haley Mccullough Cassidy Mcwilliams Stephanie Mercado Melissa Meza Emily Miller Matthew Minnick Thomas Moller Neftali Morales Kathy Morazan Francelle Moreno Fernandez Elika Morris Chloe Morrissey Nathaniel Muir Sricharitha Mullaguru Alexander Mullvain Marcello Mundo Carola Murguia San Roman Christopher Murray Christina Musgrove Matthew Mushamel John Mysliwiec Madeleine Nadeau Bryan Nel Kristopher Nelson Peter Nelson Linda Nelte Erika Nettles Patrick Neville Broc Newman Victoria Nguyen Katherine Norton John Notar Pj Novack Taylor O’neal Jacob Oneill Ashley Orjiako Kathleen Orourke Destiny Orr
Patricia Palguta Marco Pallavicini Wen Hsin Pan Juliet Park Zaira Pasco Alina Pastor-Chermak Daniel Perez Abril Perez Ryan Pickett Lindsey Pierce Daniel Pierce Sarah Pike Ilana Platkiewicz Kimberly Pok Hugo Polanco-Marroquin Ileane Polis Ashley Pourat Michelle Propst Lindsay Pyfrom Nina Mercedes Rabin Goran Radovanovic Tallis Radwick Jacob Ragan Michael Raimondi Stephanie Ramos Hector Ramos John Rankin Russell Rascati Hannah Rawdin Brent Rawlings Jamison Rayfield Tyler Reddy Kelly Reis August Renshaw Clarence Reyes Eric Rico Talisha Riggs Cinthya Rivera Brittany Roberts Matthew Robinson Carmen Robinson Isabela Rodriguez Nancy Rodriguez Fernando Rodriguez-Diaz Elvina Rofael Graydon Rose Owen Roth Lindsee Rotz Thomas Routson Aude Ruffing Kimberly Sabraw Liberty Sacker Amrit Saggu Jared Salvati Bessie Samson Jasmine Samuels Esteban Sanchez Eric Sanschagrin Claire Savage Camille Savedra Fransina Savusa Rima Sawhney Andre Gustavo Schevciw Natalie Scholfield Mathew Schutzer Adam Scott Dylan Scott Matthew Seeley Joseph Seipel Kayla Seltzer Stefan Seper Julieta Sepulveda Summer Shafer Sarah Shankel Christopher Shelton William Shepherd Iv Anna Sheridan
Nickolas Sherman Brittany Sherron Richard Shin Grace Shuman Anzhelika Sidoruk Luciana Simion Ashley Simpson Rachel Sirany Dorotea Skela Nicole Slack David Smitham Samantha Sneen Tanner Songer Carlo Sosa Alec Sparagna Chelsea Staskiewicz Rachel Staub Sonia Steinway Randall Stepp John Stiglich Ryan Stygar Alejandrina Suarez Erin Swick Hannah Theophil Minney Thind Jennifer Thomas Carolyn Tingzon Hai Tonthat Rosalinda Torres Christopher Torres Ivana Torres Nicolas Trimis Adam Turosky Alicia Umpierre Maria Valdez Mario Valdovinos Caitlin Van Voorst Sarah Vandervalk Matthew Vazin Ernesto Veliz Carrola Alfredo Villegas Sasha Vujcic Kate Wachsman Robert Walker Quintasia Walker Scott Walker Alexandra Wallin Rachel Walmsley Kenneth Wang Emily Warfield Morvarid Wasiri Alana Watts Noelle Webster Deveney Wells-Gibson Brian Welsh Jessica White Rachel Whiting Mickey Williams Carson Williams Frederick Williamson Nicholaus Woltering Katherine Worden Maigan Wright Sherman Yaghmaee Avrin Yakou Jeffrey Yates Bryan Yerger Alexandra Young Chris Zaki Kexin Zhang Maria Zhuravleva Rachel Zuckowich
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.
Higgs Fletcher & Mack Partner Maggie Schroedter has been elected to serve as the 2021-22 President of Lawyers Club of San Diego. Schroedter, who has served on the organization’s board of directors since 2018, will be Lawyers Club’s 50th president.
Past SDCBA President Heather Rosing has been chosen as Klinedinst PC's second-ever CEO and first woman CEO. Rosing is also former Vice President of the State Bar of California and the inaugural President of the California Lawyers Association.
Passings The Family Law Bench and Bar lost a prominent member with the passing of the Honorable Edward “Nedley” Huntington (Ret.). Judge Huntington served over 12 years on the Bench before retiring in 2008. He was President of the San Diego County Bar Association in 1988 and a Certified Family Law Specialist, practicing Family Law as a partner at Huntington & Haviland in his years leading up to the Bench. Judge Huntington was a decorated attorney, who was actively involved in the State Bar of California and other organizations, contributing an incredible amount to our legal community here in San Diego. He will be dearly missed. Read Judge John S. Einhorn's tribute to Judge Huntington on p.33 of this magazine. To see Judge Huntington's Legends of the Bar video, visit:https://bit.ly/3uCrGib. Judge Claudette White passed away on February 6, 2021. Judge White was a member of the Quechan Indian Tribe and played an incomparable role in providing justice to the tribal communities of Southern California and Arizona. She was an incredible force in the legal community and a radiant presence when speaking on the topics dear to her. Judge Charles Lee "Chuck" Patrick (Ret.) recently passed away at the age of 90. Judge Patrick was the guiding light in the formation of the Deputy District Attorneys Association in the '70s and was its first President. He was appointed to the San Diego Judicial District Bench in 1988 and retired as a California Superior Court Judge in 2000. He was widely known and admired for his honesty and integrity as a tough prosecutor and as a courteous, fair, and knowledgeable judge. Read Judge Patrick’s full obituary at https://legcy.co/38od10e. The SDCBA is saddened by the recent passing of Gordon Meyer. Gordon attended California Western School of Law where he received his Juris Doctorate degree. After passing the bar, he established his own law practice in Escondido in 1972 and continued until his retirement in 2016. Gordon became a Certified Family Law Specialist in 1992. Gordon and his wife, Pamela, were married for 51 years. Gordon was involved with the North County Bar Association and the Certified Family Law Specialist Association. He volunteered at the Joslyn Center in Escondido for over 35 years giving free legal advice to senior citizens. Read Gordon Meyer's full obituary at https://legcy.co/2OjBGfW.
2021 TAX CHANGES There are several notable changes to state and federal tax laws this year, including Proposition 19 and increases in federal personal income tax rates. For an overview, please see “A Few Changes to Federal and State Taxes in 2021” by DeEtte L. Loeffler on the SDCBA blog: https://bit.ly/2ZMlt4R.
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PHOTO GALLERY
WORKING FROM HOME As the COVID-19 pandemic continues, almost all of us have grown accostumed to working from home. San Diego Lawyer Editorial Board members and SDCBA members alike have shared their home office setups with us as we reflect on "COVID One Year Later."
Edward McIntyre's home office
Renée N.G. Stackhouse's home office Michael G. Olinik's home office
Rachael Callahan's home office
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Wilson A. Schooley's home office
PHOTO GALLERY
4TH ANNUAL LAW + TECH SUMMIT 2021 This two-day, knowledgepacked, virtual summit offered webinars from technology experts, opportunities to network with industry peers, and the chance to obtain CLE credit while gaining invaluable insight to the latest legal technology trends, tools, and topics.
Top L-R: Adriana Linares, Renée N.G. Stackhouse; Bottom: Ben Schorr
Technology and Law Practice Management Advisor Adriana Linares kicked off the event with the help of 2021 SDCBA President Renée N.G. Stackhouse and Microsoft Senior Content Developer Ben Schorr.
Nora Bergman presents 40 Practice Management Tips
LAW STUDENT WELCOME AND LEGAL COMMUNITY OPEN HOUSE Our annual reception brought together local bar associations, law-related organizations, and law school students to celebrate the diversity and depth of our legal community as a resource to those entering the profession. Top L-R: Ron Marcus, Brenda Lopez, Irving Pedroza Bottom: Law student attendees
DIALOGUE ON DIVERSITY De-Weaponizing Political Diversity In our February Dialogue, expert panelists shared their strategies and insights for effectively engaging with people with opposing political views, and empowered participants with the tools necessary to navigate challenging political waters.
Top L-R: Ashley Virtue, Melanie Burkholder, Renée N.G. Stackhouse Bottom L-R: Esther Sanchez, Dr. Akilah Weber SAN DIEGO LAWYER
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THANK YOU
TO OUR PATRON & FRIEND MEMBERS
The SDCBA gratefully acknowledges the generous commitment of 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 and Friend member lists as of March 16, 2021.
PATRON MEMBERS Marc D. Adelman Alison K. Adelman Doc Anthony Anderson III Mylinh Uy Arnett Jane Allison Austin Danielle Patricia Barger Hon. Victor E. Bianchini (Ret.) Jedd E. Bogage James A. Bush Adriana Cara Hon. Jose S. Castillo Andy Cook Steven T. Coopersmith Ezekiel E. Cortez Taylor Darcy Warren K. Den John A. Don Willliam O. Dougherty Hon. Bonnie M. Dumanis (Ret.)
Alexander Isaac Dychter Matthew J. Faust Sergio Feria Nicholas J. Fox James P. Frantz Matthew David Freeman Jennifer French Erin M. Funderburk Douglas A. Glass Alvin M. Gomez Van E. Haynie Matthew C. Hervey Stephen M. Hogan A. Melissa Johnson Carla B. Keehn Sara M. Kelley Carolyn M. Landis Lilys D. McCoy Jillian M. Minter
Virginia C. Nelson Ron H. Oberndorfer Anthony J. Passante, Jr. Kristin Rizzo Ana M. Sambold Wendi E. Santino Thomas P. Sayer Johanna S. Schiavoni Pamela J. Scholefield Wilson Adam Schooley Khodadad Darius Sharif Hon. Stephanie Sontag (Ret.) Renée N.G. Stackhouse Todd F. Stevens Christopher J. Sunnen Genevieve A. Suzuki Thomas J. Warwick Andrew H. Wilensky Karen M. ZoBell
FRIEND MEMBERS Rochelle A'Hearn Pedro Bernal Bilse
Michelle Ann Gastil
Anne Perry
Ronald Leigh Greenwald
Jivaka A.R. Candappa
Mark Kaufman
Kristi E. Pfister Blanca Quintero
Linda Cianciolo
Randall E. Kay
Stella Shvil
David B. Dugan
Matthew J. Norris
Michael A. Van Horne
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LEGAL ETHICS HOTLINE
LISTSERVS TO CONNECT YOU WITH FELLOW MEMBERS
Call for guidance and perspective on a variety of ethical considerations in the practice of law. (619) 231-0781 x4145
TECH & LAW PRACTICE CONSULTING 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 for COVID-19 closure updates.
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1 year of the San Diego Business Journal (Print & Online) for $49.00, a savings of $50.00 off the regular rate. Subscription includes: 51 weekly issues, 2021 & 2022 Book of Lists, 2020 & 2022 SD 500, access 24/7 to sdbj.com, & daily eNews sent to your inbox every morning.
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Discounted admission for SDCBA members at both locations, plus instant front-of-the-line entry.
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Enjoy a great rate at this new downtown hotel, with access to FIT athletic club too!
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LAW YER REFERRAL & INFORMATION SERVICE
GET MORE CLIENT REFERRALS IN SAN DIEGO & IMPERIAL COUNTIES! The SDCBA’s Lawyer Referral and Information Service (LRIS) referred more than 28,000 clients to participating lawyers in 2020, resulting in nearly $7 million in legal fees earned. It really pays to be part of LRIS! SDCBA members can join at a discounted rate.
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