San Diego Lawyer November/December 2021 by San Diego County Bar Association

® NOV/DEC 2021

YOU DON’T LOOK LIKE A LAWYER THE CHANGING FACE OF THE PROFESSION

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Tattoos on Trial Lawyer Cooking Chronicles During COVID-19 From Chula Vista to the Supreme Court

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LAWYER OF THE YEAR 2022 BEST LAWYERS® RECENT ACCOLADES 2015 & 2022 Best Lawyers “Lawyer of the Year”, US News 2015 & 2020 Top Plaintiff Lawyer, Daily Journal 2018 Induction, International Academy of Trial Lawyers 2017 Best Attorneys in San Diego, San Diego Metro 2016 Trial Lawyer of the Year, Consumer Attorneys of San Diego Seven-time Recipient of the Outstanding Trial Lawyer Award, Consumer Attorneys of San Diego 2019-2021 Lawdragon 500 Leading Plaintiff Consumer Lawyers

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MEET PAT SWAN, THE 2022 SAN DIEGO COUNTY BAR FOUNDATION PRESIDENT

PRESIDENT'S COLUMN Reimagining What a Lawyer Looks Like by Renée N.G. Stackhouse

WHY I BELONG Get to Know SDCBA Member Kelly Hayes

LAW SCHOOL COLUMN by Minh Hieu Vu

MEET YOUR BAR-ISTA Ron Marcus Director of Marketing & Outreach

ETHICS Purpose Dictates Privilege: Not What You Say, But Why by Edward McIntyre

WHAT TO DO WHEN YOU HAVE AN ETHICS DOUBT by Edward McIntyre

TECHNOLOGY Tech Tips and Tidbits by Bill Kammer

DISTINCTIONS & PASSINGS Community members honored and remembered for their achievements

THE BUSINESS OF LAW Practicing Law in the Pandemic: COVID’s Impact — Past and Future by Edward McIntyre

PHOTO GALLERY

FROM CHULA VISTA TO THE SUPREME COURT How an Immigrant Farmer Challenged California’s Alien Land Law, Leading to a Landmark Constitutional Rights Decision by Devinder S. Hans

DIVERSITY PLEDGE by Sarcout “Sed” Zangana

DICTA HIT THE STANDS 70 YEARS AGO by George W. Brewster Jr.

CONGRATULATIONS TO BAR EXAM PASSERS!

CERTIFICATES OF RECOGNITION TO SECTIONS

SECTION ELECTION RESULTS

TATTOOS ON TRIAL by Brian Keliher

LAWYER ACTOR by Wilson Adam Schooley

Page

EDITORS NOTE by Julie T. Houth and George W. Brewster Jr.

LAWYER COOKING CHRONICLES DURING COVID-19 by Julie Houth

YOU DON’T LOOK LIKE A LAWYER 22

YOU DON’T LOOK LIKE A LAWYER by Michael G. Olinik

SIDEBAR: YOU DON’T LOOK LIKE A JUDGE

Page

SAN DIEGO LAWYER | November/December 2021 5

SAN DIEGO LAWYER EDITORIAL BOARD Co-Editors George W. Brewster Jr.

Issue 6, November/December 2021

Issue no. 6. San Diego Lawyer® (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is (619) 231-0781. The price

Julie T. Houth

Editorial Board Hon. Victor E. Bianchini (Ret.) 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

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to all others, $50. Single-copy price, $10.

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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 A. Melissa Johnson Vice Presidents Hon. Victor E. Bianchini (Ret.) 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 Savanah Tiffany Marketing Manager Sasha Feredoni

Senior Designer Attiba Royster

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LawPay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Lawyer Referral & Information Service . . . . . . . . 34 Monty A. McIntyre, Esq. . . . . . . . . . . . . . . . . . . . 29 San Diego County Bar Foundation . . . . . . . . . . . . 20 Signature Resolution . . . . . . . . . . . . . . . . . . . . . 10 Todd Bulich Real Estate Company, Inc. . . . . . . . . . 48 West Coast Resolution Group . . . . . . . . . . . . . . . 36

EDITORS’ NOTE By Julie T. Houth and George W. Brewster Jr.

s we approach the end of the year, we should take a moment to be thankful for all that we have accomplished, both as lawyers and as citizens in our community. We’ve all faced different challenges, and the pandemic likely exacerbated those challenges. However, if you’re reading this editorial note, you are fortunate to have been able to continue living that lawyer life ... or perhaps not. This issue’s theme is “You Don’t Look Like a Lawyer,” and features an array of articles that delve into the unique experiences of lawyers in our community, including (1) our main feature, “You Don’t Look Like a Lawyer,” by Michael Olinik with a sidebar article, “You Don’t Look Like a Judge;” (2) “Being a Lawyer as a Second Career,” by Daniel Anello; (3) “Lawyer Actor,” by Wilson Adam Schooley; and (4) “Lawyers with Tattoos,” by Brian Keliher, with photos by Barry Carlton. Other great features include (1) “Alien Land Act,” by Devinder Hans; (2) “Diversity Pledge,” by Sed Zangana; and (3) “Lawyer Cooking Chronicles During COVID-19,” by Co-Editor Julie T. Houth. As always, we have our exceptional regular columns: (1) The President’s Column by SDCBA President Renée N.G. Stackhouse; (2) Why I Belong featuring Kelly Hayes; (3) the Law School Column by Minh Hieu Vu; (4) the Business of Law and Ethics columns by Immediate Past Co-Editor Ed McIntyre; (5) What to Do When by

Edward McIntyre; (6) “The Who, What, When, Where, and Why of DICTA,” by Co-Editor George W. Brewster Jr.; and (7) our Technology column by Bill Kammer. November and December are months that traditionally involve the celebration of a diverse set of holidays. As this year comes to an end, we’d like to acknowledge, thank, and dedicate this issue to our immediate past SDCBA Content and Publications Editor, Hailey Johnson. Hailey worked extremely hard and was a huge factor in the success and timeliness of all the issues she worked on during her nearly two-year tenure with the SDCBA. She also authored an article, “The Cost of Living as a Woman: A Look into the Pink and Tampon Taxes,” featured in San Diego Lawyer’s Women in the Law, May/June 2020 issue. We wish her all the best in the next stage of her life as she pursues a graduate degree in Creative Writing! And welcome to Savanah Tiffany, our new Content and Publications Editor! This issue is the first produced entirely on her watch. Lastly, a request: the Barristers Club of San Diego existed for 50 years, but appears to be no more. Anyone having information about when and why it disbanded, please contact George Brewster at sandbrews@aol.com. Happy Holidays to all of our readers!

SAN DIEGO LAWYER ACCOLADES! San Diego Lawyer has been recognized in six categories at the San Diego Press Club’s Annual Excellence in Journalism Awards. Congratulations to all award recipients, and special thanks to our SDCBA staff and volunteer contributors for their incredible work! • George Brewster, 2nd Place, Magazines: Columns - Light Subject, “Tumultuous Terms – The Two Bit Mayor” • George Brewster, 1st Place, Magazines: Editorial Cartoons, “Zoom Wear and Behavior, Beware” • Roxy Carter, Honorable Mention, Magazines: Essay/Commentary/Opinion, “Roxy is Black”

• Edward McIntyre, 3rd Place, Magazines: Essay/Commentary/Opinion, “An Epistemic Regime – What We Lawyers Should Contribute – A Reflection” • Attiba Royster, 3rd Place, Magazines: Front Page Design, “Cover: Places We’ve Been” • Rupa Singh, 2nd Place, Magazines: Essay/ Commentary/Opinion, “RGB (Revered By Generations): Defying And Redefining Labels” SAN DIEGO LAWYER | November/December 2021 7

President’s Column by Renée N.G. Stackhouse

REIMAGINING WHAT A LAWYER LOOKS LIKE

want to take you back to when you were in high

And what about diverse lawyers? Those lawyers who

school. Close your eyes and picture it. You’re

are not traditionally represented in television, film, or

standing in that place where you eat lunch. You see

even books. We get Phylicia Rashad’s Clair Huxtable,

your classmates wandering around, eating and talking.

Denzel Washington’s Joe Miller, and Meghan Markle’s

You take a deep breath and smell the familiar scents.

Rachel Zane. We have Lucy Liu’s Ling Woo and Jimmy

You can feel the material from your favorite outfit

Smit’s Victor Sifuentes. Honestly, I had to use Google

against your skin. At this place, at this time, I ask you,

to help me nail down some of these racially diverse

“What do you picture when you think of a lawyer?”

fictional lawyers, because I could think of very few. I could not find a famous fictional Native American

Pre-law school, the first image to pop in your head

lawyer.

may have been Gregory Peck’s Atticus Finch, Raymond Burr’s Perry Mason, Andy Griffith’s Matlock,

It wasn’t until 2017 that the first nonbinary lawyer,

Sam Waterston’s Jack McCoy, Bob Odenkirk’s

Asia Kate Dillon’s Taylor Mason, was introduced on

Saul Goodman, or Gabriel Macht’s Harvey Specter

Billions with “they/them” pronouns. In May 2020, the

(depending on your age).

Judicial Council of California created CACI 118 Personal Pronouns to ensure that “intersex, transgender, and

In my house, my grandmother watched Perry Mason

nonbinary people are entitled to full legal recognition

and Matlock as I was growing up, and, while I thought

and equal treatment under the law.” This instruction

what they did looked kind of interesting, I never saw

applies to parties, witnesses, and attorneys.

myself doing it. And then, of course, a few years after high school, Legally Blonde came out and rocked a

I tried to find a famous fictional tattooed lawyer and I

generation of women as we rooted for the sorority girl

couldn’t, but I did find a couple inspirational references

to succeed as a lawyer.

and articles about real lawyers with tattoos while searching for one. Like The Tattooed Lawyer, a short

It’s interesting when you start thinking about why Elle

documentary about an indigenous law student,

was considered the “underdog” in the movie. Because

Jai Rose, working to become a criminal defense lawyer.

she was a sorority girl? Because she was beautiful?

Or, closer to home, former Orange County Deputy

Because she was blonde? She obviously was not

District Attorney Cameron Talley, who has been called

unintelligent. And about how, even 18 years after Legally

“The Tattooed Prosecutor,” though he now runs a

Blonde was released, there are articles entitled “Is Amal

private criminal defense practice. Yet just last year,

Too Beautiful to Be a Serious Lawyer?” written about

The National Jurist published an article entitled “Should

Amal Clooney, a highly respected international law and

Lawyers Get Inked?” which noted that tattoos may be

human rights lawyer. The article notes a “beauty bias”

fine as long as they are covered up, but that judges,

that “women are expected to look good, but not overly

arbitrators, and partners make negative comments

so, lest their credibility is called into question.”

about a professional with tats, and will continue to until

8 SAN DIEGO LAWYER | November/December 2021

the more heavily tattooed millennials come into power in their 50s or 60s. I’m examining the television- and film-created paradigms of what a lawyer looks like because, even though we know they are fiction, they have come to predominantly define what most people think of when they think of us. In the book You Don’t Look Like a Lawyer: Black Women and Systemic Gendered Racism by Tsedale M. Melaku, she interviewed a highly credentialed Ivy League Black woman lawyer who shared that “[o]ne of the biggest barriers ... was the perception that she did not ‘fit in’ to the role of a lawyer based on her appearance.” This is the crux of the issue; that there seems to be, or at least has been, a mold an attorney must fit to be accepted by clients and colleagues. And so, we have women lawyers who are mistaken for the legal secretary, the paralegal, or the court reporter; we have lawyers of color who are mistaken for interpreters or even the criminal defendants; and we have lawyers who are misgendered.

The desire to raise awareness about this issue and to bring positive change to the profession has long driven me as a part of this community and bar association and a leader in my career. But aside from driving change, I think most importantly, as my presidency comes to an end this year, I want you, Dear Reader, to know you are a valued part of this profession. You matter. What you represent matters. Your individuality and your background ensure that you bring something special and unique to this profession. Be you in all your glory. I look at the people I personally know who lawyer here in San Diego and I see so much more than the monolithic portrayal of our profession by the media. When I look at my friends and colleagues, I can’t help but think that everyone would benefit from seeing more lawyers who look like them. So that they can aspire to be them, so that they can have faith in counsel that looks like them, and so that they can feel like they are a valued part of the legal system. Now, I just need Hollywood to take note. Renée N.G. Stackhouse (renee@stackhouseapc.com) is the founder of Stackhouse APC.

LAW SCHOOL COLUMN By Minh Hieu Vu

he first year of law school is challenging for any student, but it can be especially daunting for a first-generation law student. As the first person in my family to attend law school, I am grateful to my mentors who helped me navigate the legal profession. One of the biggest challenges first-generation law students face is a lack of institutional knowledge. This article highlights the experiences I found to be most helpful in demystifying the legal profession.

Second, I encourage law students to apply to join

First, finding a community in (and after) law school is crucial to students’ overall mental well-being and success. By connecting with their peers, students are often introduced to a variety of opportunities, from on-campus activities to exciting job postings. Thus, I strongly advise that first-year law students join a campus group to access a network of likeminded individuals who can contribute to their social, academic, and professional success.

board members, law students also play a unique and

Last year, I created First Generation Legal Professionals (FGLP) — the first organization at University of San Diego (USD) School of Law dedicated to supporting students who are the first in their families to attend law school, including those from low-income backgrounds. During the pandemic, FGLP organized numerous virtual events on topics such as financial aid, outlining, preparing for finals, best study habits, and the bar exam. Student organizations like FGLP help provide the support, guidance, and camaraderie that all law students need to succeed.

their school’s Law Review or other scholarly journals. The skills I gained as a member (now Editor-in-Chief) of the San Diego Law Review were invaluable to my development as a legal professional. Law Review assignments help students improve their editing abilities, research skills, and attention to detail. Through the comment writing process, students can scrutinize and challenge legal precedents. As editorial vital role in helping scholars, jurists, and practitioners advance new ideas in the legal academy. Finally, I would recommend that law students consider taking a legal theory course. One of my favorite courses in law school is Jurisprudence, in which students are introduced to diverse judicial decision-making methods. Understanding legal theory demystifies the practice of law by providing students with conceptual tools to address legal problems. I believe that understanding the theoretical foundations of law and engaging in grassroots clinical work is essential to helping students become extraordinary advocates.

Minh Hieu Vu is a third-year law student at University of San Diego School of Law and the Editor-in-Chief of the San Diego Law Review, Volume 59.

We want to hear from you. San Diego Lawyer welcomes articles written by practicing attorneys and industry experts on various law-related topics. Interested contributors can view guidelines and submit their ideas using the form at www.sdcba.org/SDLidea. We are especially seeking the participation of diverse authors, which includes (but is not limited to): people who have less than 5 years of legal practice, women, people of color, people with disabilities, and people who identify as LGBTQ+. Please read posted submission criteria carefully. San Diego Lawyer does not accept unsolicited article submissions.

SAN DIEGO LAWYER | November/December 2021 11

Cartoon by George Brewster

ETHICS by Edward McIntyre

PURPOSE DICTATES PRIVILEGE Not What You Say, But Why

A middle-aged lawyer slouched at Macbeth’s conference table, fidgeting with a pen and tablet. Macbeth opened a carafe of fresh coffee and its bouquet filled the room. “Coffee, McGurk?” “Can’t. Too nervous.” “Stay calm. When the brain trust arrives, we’ll discuss your problem.” McGurk fiddled some more. “Can’t they hurry? I mean, criminal contempt.”

“Bet that went over well,” Sara said. “Arrogant so-and-so. Laughed, then filed a motion to hold me and the company in contempt. Criminal contempt.” McGurk went from fidgeting to handwringing. Macbeth interrupted. “Where’s the motion stand?” “Judge sided with the government. Issued an order to show cause. For criminal contempt. Gotta show I didn’t violate a grand jury subpoena. What do I do?” This was followed by serious hand-wringing.

Sara and Duncan arrived at Macbeth’s door. “Well, first, calm down.” “Here they are. Please come in — meet Marty McGurk.” Introductions complete, Macbeth turned to his visitor. “McGurk, let’s start from the beginning.” “I represent this company,” McGurk began. “Owner’s a friend. Also a client. Anyway, two months ago, the company got a grand jury subpoena — federal. For a bunch of documents. Incredibly, so did I. Wanted almost all my communications with the company and with the owner. Unbelievable. So, I asserted attorney-client privilege. Told the government lawyer, frankly, ‘Screw yourself. Ever hear of the privilege? Where’d you go to law school?’”

12 SAN DIEGO LAWYER | November/December 2021

“I’ll try. But criminal contempt! What about the State Bar? My license, and —” “What was the nature of the communications? Between you and the company? You and the owner?” “Mostly tax stuff. Tax returns, posture. What they would owe if they took certain deductions. What if they got more aggressive? Impact on bottom line. That kind of stuff. Same with the owner. He pushed for really aggressive deductions.”

“Was the company — or owner — asking for legal advice if they took the deductions? Or just their impact on tax liability, on the business?”

“Damn. How am I supposed to know this stuff? All communications between lawyer and client are privileged, no? How can this be?”

“Yeah, impact on the business. Looking toward a tax fight with the government. That’s why I told them, hey, this is all attorney-client stuff. Privileged.”

Duncan responded, “Not quite. Only when the client seeks, or when the lawyer gives, legal advice. Sometimes our communications are as much business analyses as they are pure legal advice. As Sara said, that gives rise to the dual-purpose doctrine. And the Ninth Circuit’s ‘primary purpose’ test.”

Sara cringed slightly. McGurk caught it. “Hey, I’m right, aren’t I? It’s all privileged, isn’t it? I’m in the clear?” Macbeth heard the slight tremor in his voice. “Relax, McGurk. We’ll sort it out. Sara, tell us about that recent Ninth Circuit case. The one on privilege for dualpurpose documents.” McGurk squinted. “Dual purpose?” Macbeth’s left hand gestured toward Sara to explain. “Documents between a lawyer and a client — especially a business client — can have more than one purpose. For example, tax or business advice and also legal advice. That’s what ‘dual purpose’ means.” “OK. So all this stuff fits. It’s dual purpose. I’m in the clear.” Macbeth held up his hand in caution. Duncan shook his head.

“So what, I’m screwed? Criminal contempt. A fine. What about my license?” Macbeth held up both hands. “Calm down, McGurk. Go back to your client and explain. You weren’t aware of this federal test. That document can have a dual purpose. Call the Assistant United States Attorney. Apologize. Tell him the same thing. Agree to review the documents in light of what you now understand.” Sara added, “I suspect the government wants the documents more than they want punishment.” Macbeth again. “I agree. Sara and Duncan will help review the documents if your client’s willing. See if the government will give you some time to comply with the subpoena. Move the hearing.” “Think that’ll work?”

Sara continued, “That depends on the test the court uses. The Ninth Circuit has held, like most circuits, that the ‘primary purpose’ test,” Sara made air quotes, “determines whether a document falls within the attorney-client privilege. The court specifically rejected the ‘because of’ test,” (more air quotes). “For example, ‘because of’ the possibility of litigation. No attorney-client privilege.” “So where’s that leave me?” “If the primary purpose of the communications was business impact, for example, taking the tax deductions: likely no privilege. Even if the context was possible tax litigation with the government.”

“Certainly worth a try. Beats fighting a contempt charge.” McGurk shook his head. “Yeah, criminal contempt.”

Editor’s Note: The case to which Macbeth, Sara, and Duncan referred is In re Grand Jury (2021) 2021 U.S. App. LEXIS 27420 — Ninth Circuit (September 13, 2021); Bus. & Prof. Code section 6068, subdivisions (o)(3) and (o)(5) would require McGurk to report a contempt conviction to the State Bar and face possible discipline.

Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.

SAN DIEGO LAWYER | November/December 2021 13

TECHNOLOGY by Bill Kammer TECH TIPS AND TIDBITS

The Times They Are a-Changin’ A prime example of a “new” development in electronically stored information (ESI) is the growing accumulation of audio and video files. The volume of data stored in these files has grown substantially in recent years because of the growing use of internal and external security cameras, body cameras, and recorded telephone conversations. Similarly, enterprise and personal usage have provoked the phenomenal growth of Zoom and Microsoft Teams during the pandemic months, resulting in many recorded sessions. Attorneys cannot ignore this evidence, though it does raise new challenges and considerations. Manual review of this information can be timeconsuming and expensive. Many hours may be necessary to review a single hour of video as it plays out. Additional time is necessary to redact sensitive information or the faces of children. However, help is

People commonly believe that these are all under firm or company control, but that is simply not the case. Some consultants estimate that 30%-40% of the corporate work product may be accomplished by or stored in shadow IT. Examples include cloud-based storage such as Dropbox or Box; collaboration apps like Slack; and messaging apps such as WhatsApp, Facebook Messenger, and Telegram. It might also include installed or cloud-based software that individuals download to complete basic tasks, believing it to be an improvement over currently installed applications. Shadow IT also presents eDiscovery challenges that could hinder efforts to preserve, collect, and review ESI. Those efforts may be incomplete or even sanctionable if all possible data locations and custodians are not accurately identified in a data map.

on the way. Vendors are rapidly developing products

August 6, 1991

that use artificial intelligence to locate relevant portions

We take much of present technology for granted, but

within a mass of recorded information, theoretically obviating the need for lineal human review. But even once located, there remain significant challenges in privilege and relevance reviews and subsequent production of ESI. For instance, that data may also require conversion before it is loaded into the review platforms attorneys traditionally use. The tools themselves may require modification to accept the new ESI for analysis.

there was nothing on the World Wide Web until Aug. 6, 1991. On that day, British computer scientist Kim Berners-Lee published the first website while working at a particle physics lab in Switzerland. It contained information about the ongoing “World Wide Web” project. Berners-Lee rejected his lab’s suggestion that he patent his web technology; he thought the web should be open and free. The original webpage is still available at http://info.cern.ch/ hypertext/WWW/TheProject.html — but expect no

Shadow IT Many attorneys and firms may not know the challenges and dangers of shadow IT; they might not even know what it is. Shadow IT is loosely defined as devices, software, and services, installed or cloud-based, outside individual or company control.

14 SAN DIEGO LAWYER | November/December 2021

audio, colors, or graphics. Two years later, a team at the University of Illinois released Mosaic (later “Netscape”), the first web browser. A few years later, technology launches included Yahoo! (1994), Amazon (1995), eBay (1995), and Google (1998).

eDiscovery and Digital Discovery

Three Random Words

First-year civil procedure courses offered to most law

Five years ago, Britain’s National Cyber Security

students historically contained only brief and passing

Centre posted a popular webpage entitled “Three

mentions of digital discovery. Noted commentator

Random Words.” Their arguments resemble later

Craig Ball has criticized that traditional curriculum

passphrase recommendations by the National Institute

because of its failure to prepare students for a

of Standards and Technology (NIST), asserting that

litigator’s life. He argues that, for every hour spent

three random words produce password protection

in trial, most attorneys will spend hundreds, if not

equal to that produced by the arbitrary complexity

thousands, of hours in eDiscovery and related disputes.

requirements most people are familiar with. The fundamental argument for three random words

‘eDiscovery Medicine Show’ Maura Grossman and Gordon Cormack are two pioneers of technology-assisted review for electronic discovery. They advocate for its adoption and use, but they are also experts in its design and evaluation. Their latest article, “eDiscovery Medicine Show,” scientifically compares the results of traditional, untested search terms with the

is that word combination usually generates longer passwords than basic complexity requirements. And the longer the password, the greater the difficulty for a hacker. For a summary of the arguments for that construct and a discussion of the doubts raised by others, see https://www.ncsc.gov.uk/blog-post/thelogic-behind-three-random-words.

information that could be obtained with the assistance of technology-assisted review (TAR). Their discussion cannot be capsulized in this paragraph, but the complete paper can be found at https://arxiv.org/ftp/

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

arxiv/papers/2109/2109.13908.pdf.

With 30 years of experience, Kathryn Karcher will put your client’s appeal on solid ground. Hire her, before the other side does.

karcherappeals.com Certified Appellate Specialist, Board of Legal Specialization, State Bar of California

FROM CHULA VISTA TO THE SUPREME COURT: HOW AN IMMIGRANT FARMER CHALLENGED CALIFORNIA’S ALIEN LAND LAW, LEADING TO A LANDMARK CONSTITUTIONAL RIGHTS DECISION By Devinder S. Hans

ost 6-year-olds don’t own anything more expensive than a bicycle. When Fred Oyama was 6, he owned a farm in Chula Vista.

He might have been a precocious child; but most importantly, he was a U.S. citizen. In the early 1900s California of Fred’s childhood, his immigrant parents were not allowed to own farmland and had to use Fred’s citizenship status to try and grow their American Dream. Later, Fred and his parents challenged the law that forced them to use this scheme and established a landmark precedent.

California’s Alien Land Law of 1913 Laws intended to deter Asian immigration to the U.S. began to appear shortly after the first Chinese immigrants arrived to work in California gold mines in the mid-1800s, including a tax on foreign miners. As with those earlier statutes, California’s Alien Land Law of 1913 was intended, in the words of the Attorney

One method commonly used to evade the Alien Land Law was purchasing property in the name of a child who had U.S. citizenship. Immigrant parents could then petition to be named guardians of the child’s estate. However, a 1920 amendment prohibited this tactic by making anyone ineligible for naturalization also ineligible to serve as the guardian of a property owner. Additionally, any property purchased under another person’s name was presumed to be an attempt to evade the law and was therefore subject to forfeiture.

The Oyamas Move to Chula Vista, But Are Forced to Leave In 1914, a teenaged Kajiro Oyama emigrated from Japan to the U.S. with his parents. He grew up working on California farms, and eventually purchased 23 acres in Chula Vista (recording the deed in the name of a white acquaintance). Oyama also married Kohide Kushino, and their son Fred was born in 1928. As the farm succeeded, Oyama bought additional land, recording each purchase in Fred’s name.

General, to limit Asian immigrants “by curtailing their privileges which they may enjoy here; for they will not come in large numbers and long abide with us if they may not acquire land.” Under this statute, agricultural land could not be owned by “aliens ineligible for citizenship.” At the time, naturalization was limited to “aliens, being free white persons, and to aliens of African nativity and to persons of African descent.” Eligibility expanded in the 1940s to add Native Americans (1940), Chinese Americans (1943), Filipinos (1946), and South Asians (1946), but racial classifications were not eliminated until 1952. 16 SAN DIEGO LAWYER | November/December 2021

Unfortunately, world events reversed the family’s good fortune. After the attack on Pearl Harbor, President Roosevelt issued Executive Order 9066 on Feb. 19, 1942. Although it did not single out any ethnic group, the order authorized the secretary of war and his commanders to exclude anyone from any area that they deemed necessary. Proclamations issued under the order declared the Western states as military areas, imposing curfews on Japanese Americans and encouraging their “voluntary” evacuation. About 7% of Japanese Americans left the Western states before Proclamation No. 4 was issued March 29, 1942. With a 48-hour notice,

Proclamation No. 4 began the forced evacuation and internment of all Japanese Americans within certain distances from the Pacific coast. The Oyamas avoided internment by moving to Utah before Proclamation No. 4 was issued, aided by a Mormon seed salesman.

Challenging the Alien Land Law As anti-Japanese sentiment intensified, the Alien Land Law was amended to ease prosecution, and funding for enforcement was increased. The result was a dramatic expansion of escheat proceedings. From 1942 to 1947, 59 escheat actions were brought against Japanese Americans; only 14 had been initiated in the previous 30 years. In 1944, while they were in Utah, the Oyamas lost their farm in escheat proceedings in San Diego. The court held the title vested with the state at the time of purchase, as purchasing the property under Fred’s name had created a “presumption of intent to violate and evade the Alien Land Law.”

rights. The court held that Fred’s equal protection rights were clearly violated, as the decision treated “minor citizens like Fred Oyama, whose parents cannot be naturalized” differently from all other children. However, the court declined to decide on Kajiro’s equal protection rights or the validity of the Alien Land Law. In concurring opinions, four justices wanted to go further and strike down the entire statute as “nothing more than an outright racial discrimination.”

The Oyamas Return to California, But Not to Chula Vista Farming The Oyamas returned to California in 1945, eventually buying a 60-acre farm in Palm City. Fred left farming and became a math teacher after studying at San Diego State University. The Alien Land Law was finally declared unconstitutional by the California Supreme Court in 1953 and repealed in 1956.

Devinder S. Hans is an attorney at law.

Fred and Kajiro appealed to the U.S. Supreme Court, arguing that the decision violated their equal protection

The Business of Law by Edward McIntyre

PRACTICING LAW IN THE PANDEMIC: COVID’S IMPACT — PAST AND FUTURE

he obvious: COVID-19, each variant seemingly a new pandemic of its own, caused unmatched disruption to how we practice. In a nanosecond, we stopped seeing colleagues, clients, and judges in offices and courtrooms and entered the “Zoom-sphere.” We peered into each other’s dining rooms and kitchens; courtrooms went virtual or went dark; bar exams were turned upside down. We had to learn new technologies and skills, educate our kids at home, and deal with the added stress that COVID-19 might attack loved ones — or that we might be next. To borrow a line from Queen Elizabeth II, an annus horribilis, and then some. What will “reentry” look like, post-COVID, if it ever comes? Back to offices full-time? Or will a hybrid become the norm — in office part-time, remote for the rest? How will different venues and platforms impact engagement, teamwork, and client development? Can we mentor young lawyers virtually, either partially or totally? The American Bar Association (ABA) surveyed thousands of lawyers nationwide from late September to early October 2020 about the challenges they faced during the pandemic.1 Around 4,200 ABA members responded: some of the results are telling.

Demographics Sixty-seven percent of respondents were in private practice, with the remaining third in corporate law, government, judiciary, academia, not-for-profit, and public interest practices. Workplaces ranged from one lawyer to 250 lawyers or more, though almost half the respondents worked with fewer than 20 lawyers. Thirtythree percent of those in private practice were partners — 39% of men, 28% of women, 36% of white lawyers, and 21% of lawyers of color.

18 SAN DIEGO LAWYER | November/December 2021

Survey Results Who’s Working and COVID’s Impact Seven percent of all respondents reported temporary leave, furlough, termination, resignation, or retirement. From the following demographics, 27% of Black lawyers, 31% of Latinx/Hispanic lawyers, and 7% of white lawyers attributed their employment problems to COVID. For those who were practicing for 10 years or less, 50% said COVID affected their employment; for those graduating 11–20 years ago, 44% felt their employment was affected by COVID. Percent of each demographic that attributed employment problems to COVID-19 Black Latinx/Hispanic White < 10 years in practice 11–20 years in practice

27% 31% 7% 50% 44%

Child Care Burden Although 34% of respondents lived with one or more dependent children, the burden of child care during the pandemic fell more heavily on women. 42% of women lived with dependent children, while only 30% of men said the same. Among those who had children, 14% of all women said they had taken on more child care responsibility during the pandemic. Lived with 1 or more dependent children

Reported taking on more child care responsibility

30% 42%

5% 14%

Men

Women

Where We Work

Other COVID Effects

Who’s working from home? More women than men.

More than 90% of respondents are spending more time on video/conference calls, but over half are spending less time developing business or reaching out to clients. Households with young children had even less client outreach. Some 70% reported spending more time with people they lived with than they had the year before, especially those with dependent children.

Fifty-four percent of respondents said they worked from home nearly 100% of the time. For women, 62% worked from home nearly 100% of the time, 23% worked from home 25%-75%, and 16% worked from home rarely. For men, 49% worked from home nearly 100% of the time, 26% worked from home 25%-75% of the time, and 25% worked from home rarely. About 60% of lawyers are working flexible schedules, especially lawyers with dependent children.

Works from Home Women

Men

62% 23% 16% Nearly 100% of the time

These results, although a snapshot in time, likely confirm what we knew anecdotally from each other. Connect the dots. Will vaccines, treatments, reopened schools, and economic necessity alter things like who’s working (and where); who bears heavier child care responsibility; and who continues as a full-time lawyer, or remains a lawyer at all? The survey results, though not necessarily predictive, suggest COVID-19 has forever changed our practice. Our challenge: make sure it is a change for the better.

Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.

49% 26% 25% 25%–75% of the time

Rarely

The report, “Practicing Law in the Pandemic and Moving Forward,” is at https://www.americanbar.org > practice-forward PDF.

Additional Survey Responses (by percent of demographic) Miss seeing people at the office: All Respondents Men Women White Lawyers Lawyers of Color

73% 71% 76% 73% 69%

Felt it was hard to keep home and work separate: All Respondents Men Women White Lawyers Lawyers of Color

51% 44% 63% 49% 62%

Found their work disrupted by family or household obligations: All Respondents Men Women White Lawyers Lawyers of Color

47% 41% 57% 45% 57%

Thought the day never seemed to end:

All Respondents Men Women White Lawyers Lawyers of Color

41% 32% 57% 38% 55%

Think part-time work would be better:

All Respondents Men Women White Lawyers Lawyers of Color

35% 32% 42% 35% 35%

Thought it better to quit:

All Respondents Men Women White Lawyers Lawyers of Color

33% 31% 37% 34% 30%

SAN DIEGO LAWYER | November/December 2021 19

Your billable hour supports access to justice!

Help us raise $10,000 to support necessary legal services for our most vulnerable populations.

Local pro bono legal providers have reported increased stress on their resources due to the influx of clients who need legal counsel on issues involving domestic violence, sexual assault, elder abuse, immigration law and tenant rights. Your donation will ensure that our community is prepared to respond to this increased need. Donate the equivalent of one billable hour (or whatever you can) today!

WAYS TO DONATE: sdcbf.org/giveanhour 619-231-7015

info@sdcbf.org

@SDCBF sdcbf.org

Meet Pat Swan, the 2022 President of the San Diego County Bar Foundation

at Swan’s history with the San Diego County Bar Foundation stretches back three decades, when he was elected to the San Diego County Bar Association’s Board of Directors after finishing a stint with the U.S. Attorney’s Office. He had just joined Luce Forward Hamilton & Scripps, and was eager to give back to the local legal community. When his three-year term with the SDCBA ended, Swan stayed on the Foundation’s Board for another three years. After he cycled off the Board, Swan remained actively invested in the success of the organization. A few years ago, then-SDCBF President Neal Rockwood came calling, asking Swan, now with Jones Day, if he would be interested in rejoining the Board. “I remember I was traveling when I got the call, and I immediately just said yes, absolutely,” Swan recalls. “There was no question.” Swan set to work serving the Foundation in various capacities, most recently as head of the finance committee and vice-president. His goals as president in 2022 include increasing community donations to allow the Board to make more and bigger grants to deserving organizations, and to continue to make the Board more diverse and reflective of the communities it serves. Every year, Swan and members of the Board pay personal visits to the dozens of nonprofit organizations that apply for SDCBF grants, part of an extensive due diligence process the organization undertakes to vet applicants. “As the charitable arm of the San Diego County legal community, our sole mission is to raise funds to help underserved people access the law. Everybody who is on the Board has that purpose in mind,” Swan says. “But what truly sets us apart is our due diligence: our application process is extensive, we review all applications carefully, and we actually go out and meet with organizations to lay eyes on their facilities and get a sense of how they would apply SDCBF funds on the ground. We pride ourselves on being very careful stewards of donors’ money, and we try to apply those funds as fairly and as broadly as possible.” A native of Miami, Florida, Swan is a graduate of Duke Law School, where he met his now-wife, Magistrate Judge Nita Stormes. He came to California for a job in Los Angeles but moved to San Diego a year later, and has practiced law in the local community for over 40 years. Over the course of his career, Swan has been recognized dozens of times for his representation of clients in commercial litigation and white collar matters. He has handled complicated commercial cases, including business disputes, antitrust, copyright, unfair business practice, trade secrets, securities fraud, and products liability, and has also been responsible for the defense of nationwide class actions and criminal investigations and prosecutions. His work as a federal criminal prosecutor for more than seven years included substantial grand jury and jury trial work. Swan and his wife have two children: a daughter Erin, who lives in Los Angeles and has a 17-month-old daughter, and a son Patrick, an Assistant U.S. Attorney here in San Diego who is expecting a child around Thanksgiving. In addition to his work with SDCBF, Pat also serves on the board and is an officer of Pro Kids | The First Tee of San Diego. He devotes time annually to pro bono activities and is an active member of various local, state, and national legal and bar organizations.

“I could not be more excited to kick off our 2022 grant making cycle, and I encourage anyone who is reading this to reach out if you are looking for a way to make an impact in access to justice in San Diego,” Swan says. “If “If you want to give back as a lawyer this is unequivocally one of the best, most rewarding things you can do in our community.” Since it began its grants program in 1979, the Bar Foundation has distributed more than $4 million to more than 50 legal aid and public interest organizations. In 2020, SDCBF awarded a total of $411,700 to 29 local nonprofit organizations, providing legal services, public awareness education and improvements to the region’s justice and court system. This year, despite the challenges presented by COVID-19, SDCBF is planning to award between $100,000 to $150,000 in General Grant funds in December of 2021 and in upwards of over $400,000 in total funding this year when including grants for Indigent Criminal Defense. For more information, or to make a donation, visit www.sdcbf.org/donate www.sdcbf.org/donate.. SAN DIEGO LAWYER | November/December 2021 21

YOU DON’T LOOK LIKE A LAWYER

‘YOU DON’T LOOK LIKE A LAWYER’ By Michael G. Olinik*

“

lawyer should always dress like a lawyer.” This reprimand from my grandmother came during a trip to my hometown in Philadelphia this past snowy winter. Over 2,800 miles from my office, I stood before her wearing jeans and a hockey jersey; slacks and fancy shoes were the furthest thing from my mind, especially because the Flyers had not blown their playoff chances yet. My grandmother’s reprimand, however, raised an interesting question — what does it mean to “dress like a lawyer”? While there have always been differences in the style of dress between East Coast and West Coast attorneys, and even between cities in the same state (such as San Diego and Los Angeles), what it means to “look like a lawyer” has changed drastically from the days when the bar was limited to mostly white men. To my grandmother, an attorney is someone who always wears suits. This is an image she formed growing up in South Philadelphia in the 1930s and 1940s; all attorneys dressed like Atticus Finch, wearing suits through hot Alabama summers (or, closer to my hometown in Philadelphia, through humid summers as well as winter blizzards). Since then, the legal field has evolved beyond men in suits to include lawyers of all genders and races. The courtroom fashions have not significantly changed; looking proper in court is still important, as anyone who has heard judges talking about remote appearance experiences over the past year will understand. Some firms still have dress codes, written or unwritten, even when attorneys are going to the office to sit and work alone for eight hours. The slippery dress shoes

22 SAN DIEGO LAWYER | November/December 2021

these rules call for caused me to slip on the ice a few times to the amusement of those around me. Just as the thickest brief does not equal a sound legal argument, however, conforming to the image of an “ideal” attorney does not indicate the attorney’s performance. Many attorneys, either by choice or necessity due to COVID-19, cannot be attorneys 100% of the time, let alone dress like an attorney. What attorneys look like outside of the office has become as diverse as the membership of the bar. Lawyers (contrary to many punchlines) are people too, and our identities extend beyond our legal careers. Attorney Laura Sheppard, a criminal defense attorney here in San Diego, chooses to sport a different uniform than that of the courtroom when she umpires Little League Baseball games. Laura practices postconviction criminal defense, focusing on helping her clients secure parole — including those serving life sentences and youth offenders. Throughout her law career, umpiring has been a saving grace from a day job that sometimes involves intense crimes. “When I'm on the baseball field breathing fresh air and surrounded by children having fun and parents cheering, it relieves the stress and trauma of my job.” Laura has always loved baseball, and umpiring lets her love the game as never before after spending much of her career as a player on the bench. As an umpire, Laura gets to be involved in every play and stays even more active than the players, as every game behind the plate requires hundreds of squats. Volunteering as an umpire is also a way for Laura to serve her community. Laura is

YOU DON’T LOOK LIKE A LAWYER

the umpire-in-chief of Sunshine Little League, located in a low-income area on the border of City Heights and Oak Park. The league, like all little leagues, is dependent on volunteers to stay afloat. The league gives children in the community an option to join an organization, and gives opportunities for adult volunteers to serve their community as mentors for the players. Serving as an umpire coincides with Laura’s law practice as well. “Umpires are rule interpreters, just as lawyers are!” she says. “We are good at staying calm under pressure and making quick decisions that apply the facts (what we see) to the law (the baseball rule book).” While Laura has been umpiring since 2010, some lawyers have had to change their look in response to the COVID-19 pandemic. Curtis Carll’s choice to forgo the typical lawyer fashion was sparked by a combination of career burnout and the need to adjust his schedule due to the burden of caring for his children during the pandemic. Curtis is the father of two children, and his spouse works for the Department of Veterans Affairs. Because his spouse was required to continue working in person during the pandemic, the main brunt of the child care fell to Curtis, who is a solo practitioner and had a more flexible schedule. Concerned about the toll that his legal career was taking on his physical health, Curtis began using his free time to learn about staying healthy and eating better. He began sharing his findings with friends and family who also struggled with health and fitness as their lives became more busy and complicated. Curtis’s main law practice is representation of employees in discrimination, wage, and hour disputes with their employers, as well as representation of small businesses in nonemployment disputes. During the pandemic though, Curtis had to cut back on legal work in order to watch his children, and needed another source of work that did not demand as much uninterrupted mental concentration. Curtis found his outlet in becoming a health and fitness coach. He used Instagram to coordinate and encourage his clients, exchanging his suits and collared shirts for workout attire. Curtis says working with clients in the legal field helped to prepare him for working with clients in a new area: “The skill set is very similar — listening closely to your client's situation and goals, putting together a clear and coherent strategy, adjusting the strategy based on results, working through information, research, and

Laura Sheppard; Photo by Steve Hembera

data to find out what's best for your client, balancing patience with persistence — but I get to apply those skills without someone on the other side with opposite goals. It's teamwork, creativity, and problem-solving — the best parts, to me, of being an attorney — without the winner-loser dichotomy of civil litigation.” Now that he is in shape, he finds that he performs his duties as a lawyer better, and the workouts and coaching also help relieve him of the stress of his legal practice. You cannot judge a lawyer by how they look outside of the courtroom, just as you cannot judge a book by its cover. Lawyers cannot be lawyers 100% of the time. The pandemic and the rising incidents of burnout have shown that we are better lawyers when we leave time for our passions in addition to our legal work. Whether you don an umpire uniform, sport your workout clothes, suit up for the hobby you love, or wear a hockey jersey to visit your grandparent across the country, you are still a lawyer. If you want to know what a lawyer looks like, all you really have to do is look in the mirror.

*Disclosures: The author of this article is also an umpire for Little League and has worked two games with Ms. Sheppard, including a game in the Southern California Intermediate Division State Championship Tournament. The author is also the honorary uncle of Curtis’ children. Michael G. Olinik (michael@oliniklaw.com) is the owner of The Law Office of Michael G. Olinik. Michael’s practice focuses on real estate matters, employment matters, civil litigation, and appeals.

SAN DIEGO LAWYER | November/December 2021 23

YOU DON’T LOOK LIKE A LAWYER

YOU DON’T LOOK LIKE A JUDGE

ell, what should a judge look like? In many jurisdictions, bench eligibility requires three years of law school, licensing, and often an entire career in practice. So, to understand today’s diversity on the bench — or lack thereof — we must look back to the composition of law school attendance from decades ago.

The question naturally follows: What will a judge look like 30 years from now? Since 2016, more women have enrolled in Juris Doctor (JD) programs than men each year.7 People of color make up about 30% of all law school attendees.8 And the number of nonbinary law school students has also been increasing in recent years — from 0.04% in 2017 to 0.13% in 2019.9

Let’s consider the composition of the federal bench, for example. In 1967, only 4.3% of law school attendees were female.1 It tracks, then, that around 30 years later (a benchmark for the gap between law school and practical bench eligibility), 5.4% of federal judges were women.2 The number of female law school attendees climbed up to around 40% by 1987.3 Fast forward some 30 years to today, and women make up 33% of the federal bench.4 In 1987, people of color comprised 11% of law school attendees.5 Today, 9.5% of the federal bench are minorities.6

The statistics show that the composition of the bench is evolving and becoming more representative of our profession and communities. The pace of this evolution, however, is another matter. The real and unchangeable fact is that to expect today’s bench to look like today’s classrooms (or the entire legal community) is unrealistic. Regardless, progress continues to be made, and as it does, the composition of our local bench will better reflect the wise sentiment of Superior Court Judge Michelle A. Ialeggio, the first woman to be elected to an open San Diego Superior Court judicial seat: “Your appearance is not something that makes you exceptionally well-qualified to serve. It’s your intelligence and your ethics and your acumen.” Very well said indeed.

From a diversity standpoint today, these numbers are not ideal. But they are generally consistent with the law school statistics from when these jurists were sitting in the classroom — which is somewhat remarkable given the additional variables involved, including the fact that federal judges serve lifetime appointments.

The author is a 2018 law school graduate and clerks for a federal judge in San Diego.

Footnotes 1.

“First Year and Total J.D. Enrollment By Gender,” A.B.A., https:// www.americanbar.org/content/dam/aba/administrative/ legal_education_and_admissions_to_the_bar/statistics/jd_ enrollment_1yr_total_gender.authcheckdam.pdf (last visited Oct. 1, 2021). Atthar Mirza & Chiqui Esteban, “Female Judges Were a Rarity When Ruth Bader Ginsberg Was Born. They Still Are,” The Washington Post (Sept. 21, 2020), https://www.washingtonpost.com/ politics/2020/09/21/female-judges-were-rarity-when-ruth-baderginsburg-was-born-they-still-are/.

A.B.A., supra note 1.

“Diversity of the Federal Bench,” American Constitution Society, https://www.acslaw.org/judicial-nominations/diversity-of-thefederal-bench/ (last visited Oct. 1, 2021).

“Law School Enrollment by Race & Ethnicity” (2019), Enjuris, https:// www.enjuris.com/students/law-school-race-2019.html (last visited Oct. 1, 2021).

Demography of Article III Judges, 1789–2020, Fed. Jud. Ctr., https:// www.fjc.gov/history/exhibits/graphs-and-maps/race-and-ethnicity (last visited Oct. 1, 2021).

“Law School Rankings by Female Enrollment” (2019), Enjuris, https:// www.enjuris.com/students/law-school-female-enrollment-2019. html (last visited Oct. 1, 2021).

Enjuris, supra note 5.

Enjuris, supra note 7.

SAN DIEGO LAWYER | November/December 2021 25

YOU DON’T LOOK LIKE A LAWYER

ON TRIAL By Brian Keliher witter CEO Jack Dorsey has the mathematical integral symbol extending down the entire length of his forearm. On Canadian Prime Minister Justin Trudeau’s shoulder is a softball-sized drawing of the

earth inside a Haida raven. A Maori tribal design covers the right bicep of Ben, a barista at Blue Bottle Coffee. Tattoos are ubiquitous, from the boardroom to the corner café. According to a 2019 Ipsos poll, 40% of adults ages 18-34 say they have at least one tattoo, along with 36% of adults ages 35-54. Age isn’t a significant barrier to the personal branding movement either, with 16% of those age 55 or older reporting they have inked up as well. “There is a whole gamut of reasons people get tattoos,” said Bradley Ruffle, Director of the McMaster Decision Science Laboratory at McMaster University. “Some strike me as things that are going to change, and others are memory-related, like memorializing a loved one or wanting to remember a particular time in your life.” Identifying inked San Diego attorneys is challenging because tattoos can be hidden by long sleeves and collars. What lies beneath those Ann Taylor blouses and Armani suits? Three San Diego attorneys give us a look.

Healing Arts “In 2013 I found out I had breast cancer,” said Leucadia-based attorney Debra Morse. “Bad. Stage 3b. ‘Honey, you’re going to die unless we do something.’” Cancer treatment was harsh and required a lot of bed rest, so television and books were a necessary distraction. “Back then there were quite a few TV shows that went into the whole idea of stories behind tattoos,” continued Morse. “At the same time, I was reviving my interest in anthropology and the ancient peoples and their ink. I decided I was going to commemorate my experience like any good warrior would.” 26 SAN DIEGO LAWYER | November/December 2021

YOU DON’T LOOK LIKE A LAWYER

On Morse’s forearm is now a spherical tattoo of two ravens along with the Welsh inscription that translates to Mother of Ravens. “Ravens have a personal meaning to me that has to do with Celtic mythology and Morgan, a very fierce Celtic goddess,” she said. “That’s how tattooing became a commemoration and a recognition of my triumph over that cancer episode.” Morse, who teaches legal research and consults on elder abuse litigation, said she’s experienced little negativity concerning her tattoos from clients or members of the Bar. “I would say 95% of the people I meet are absolutely intrigued by my tattoos,” she said. “They want to know the story.”

Anything Can Happen Covering the upper half of San Diego trial attorney Eric Ganci’s inner forearm is Shel Silverstein’s poem “Listen to the Mustn’ts” from the children’s book Where the Sidewalk Ends. The poem, drawn in a serif font and superimposed over a fleur-de-lis, encourages children to avoid naysayers and accept that “Anything can happen, child,/ ANYTHING can be.” This message resonates with Ganci. “I have a background in music,” said Ganci, who has a side gig playing drums with the local band Rock Out Karaoke. “The poem reminds me to dream and play. I use ‘play’ not just in the sense of physically playing an instrument. It’s playing like a kid in the sandbox; a ‘there are no rules’ kind of playing.” Ganci’s “there are no rules” interpretation of the poem is not his alone. Where the Sidewalk Ends was banned in 1986 by school districts in Wisconsin and Pennsylvania over concerns that the content would lead to “disrespect for truth and authority.” Ganci’s response when he learned of this? “It makes me like it even more.” Of his two tattoos, his favorite is a vivid four-color drawing of a Virgo maiden covering his right chest and wrapping around his shoulder. Ganci, a Virgo, said this tattoo reminds him to focus on himself: “I know that I can’t help other people unless I help myself first, and that means being healthy, both physically and mentally.” Ganci’s art is purposefully placed where it can be hidden by a long-sleeved shirt, though he does appreciate opportunities to roll up his sleeves: “I like that my tattoos can be visible when I’m not wearing the old suit and tie.”

Reactions from clients who do catch a glance have been positive. “My tattoos can sometimes break the ice, making me more relatable to certain people,” he said. On the very short list of those who don’t appreciate his art? “My parents,” said Ganci. “Just my parents.”

Under Cover “The fact that I don’t want my name published aligns with the fact that I cover up my tattoos at work,” said one publicinterest attorney in her early 30s who chose to remain anonymous when discussing her decision to ink up. Her tattoos have a spiritual motif, which she said was influenced by “personal development, love of multiculturalism, and an understanding of the unity of all religions.” Among the dozen tattoos extending the lengths of both of her arms is a bird drawn by a friend based on a painting hanging in a Peruvian hut. Her art also includes a Sanskrit mantra, an ankh, and the Star of David. She said her young age and her gender make her more susceptible to bias. “I always wear long sleeves at work,” she said. “When representing someone, I don’t want to be a distraction. I don’t want to stand out in court. I already stand out because I’m a young woman.” The potential for unfavorable reactions has influenced where on her body she inks. “If bias were eliminated against people with tattoos, I wouldn’t get a neck tattoo — but I would get one further down on my hand.” Like Ganci, she said tattoos have, at times, helped her connect with clients. “A client once noticed my tattoos when I pushed up my sleeve and said, ‘You have a tattoo! I have one, too.’”

No Regrets While not often visible, tattoos are among us in the San Diego legal community. The motivations vary, and the messages are mostly personal. None of the individuals we talked with have regrets. Well, with one exception. Referring to her Aquarius tattoo just above the bend in her left arm, our spiritually inspired attorney said, “I had a friend in college who was a tattoo artist. We were at a party. I kind of regret that a little bit.”

Brian Keliher (brian.keliher@gcccd.edu) is an attorney and also the Business Administration Department Chair at Grossmont College.

SAN DIEGO LAWYER | November/December 2021 27

YOU DON’T LOOK LIKE A LAWYER

LAWYER ACTOR By Wilson Adam Schooley

o one believes me. They shake their heads incredulously and guffaw, as though I must be joking. This reaction is a measure of the miles that a chance encounter in my first year as a lawyer carried me, beginning in the truth of my youth. The encounter was with an actress. The truth is that I was painfully shy. Not cutely bashful. Debilitatingly introverted — nearly held back in the second grade. And not just as a boy, but extending into law school, where I cut every class that required an oral presentation. So when, after scarcely surviving the Socratic method to earn a JD from Duke Law School, I joined the storied San Diego firm Jennings, Engstrand & Henrikson, I thought my only path was as a transactional lawyer. My first months at the firm were spent accordingly, toiling in the trenches of contracts and finance. I found the work stifling and wondered how I could bear to make a career of it. Then, the firm hired an actress-director to teach presentation skills to our lawyers. All associates were “strongly encouraged” to attend (i.e., skip it at your professional peril). I was terrified and resentful (even of this firm I loved) for forcing me to face my greatest fear. That class turned out to be the firm’s greatest gift to me (among many). Because of it, I became a successful trial lawyer. I taught Advanced Trial Advocacy for years at the University of San Diego (USD) School of Law. I have a second career as an actor, with credits in theater, film, and television. I am a leader in local and national bar associations, with a reputation as a dynamic public speaker. How did all that happen to an inordinately inhibited kid?

28 SAN DIEGO LAWYER | November/December 2021

All roads lead back to that actress: Glynn Bedington. At the time, her class was excruciating. She put us through a series of intensely intimate acting exercises; tough for anyone but horrifying to an anxious introvert. I found myself, for example, standing inches from the firm’s senior tax partner, whose steely eyes I was instructed to stare fixedly into for five minutes. At the time, death by strangulation seemed to be a preferable alternative. One of Glynn’s gifts was to continually (albeit gently) challenge you and your presumptions in a way that made you feel encouraged and empowered. During the class, she asked us whose presence and presentations we admired, and what we could learn from them. I named Dr. King, “though of course, I could never speak like him.” Her response was, “Why not?” I survived the class, grateful it was over. But at its end, Glynn pulled me aside. Again, the supportive challenge: “I think you have an inner gift, a presence,” she said. “I’m casting my next show and would like you to be in it.” I blinked in disbelief. The class was hard enough! Performing on stage? That was an unclimbable cliff. She asked me to think it over. As I did, I realized, even in the grip of fear and naive youth, that this was a life fulcrum, a potential turning point that could alter my destiny. I had no idea how dramatically. I did the show — extra terrifying because it was comedyimprov: we had to create “bits” in real time onstage, in front of a live audience. It was like learning to drive in a manual transmission bus on the chaotic streets of Mexico with no traffic controls. (I know, because I did that too, and it was easier than performing in this show.)

YOU DON’T LOOK LIKE A LAWYER

But the show was also like catching lightning in a bottle.

upon and create a charismatic presence. As I taught

When our bits worked and the audience laughed, it was

my advocacy students, doing so is not pretense, it

more intoxicating than a double bourbon neat.

is the opposite: stripping away artifice to access and reveal inner power. Oral advocacy is an art. When used

So, the firm gave me two parallel gifts: the match —

successfully, it brings authenticity, confidence, and

Glynn — to strike against my shy shell, and the fuel to

commitment. Lawyers are left-brain trained in doctrinal

burn through it — the adrenaline rush of performing.

communication and then, as trial lawyers, expected to persuade real right-brain-centered people.

Glynn cast me in more shows; other directors cast me in

Most communication is not what you say, but how

their productions. I was seen and signed by an agent and

you say it. More than half of communication is body

began doing TV and film work. Suddenly I had a second

language, one-third is sound, and less than 10% is

career as an actor, along with the many opportunities

content. Or, as I told my students: It does not matter

and experiences that afforded (including playing

what you say to a jury; it matters what they hear.

To Kill a Mockingbird’s Atticus Finch in cities across the country — an actor/lawyer’s dream role). I had been handed the keys to a life toolbox, the contents of which, when I chose to open it and learn to use them, altered my approach to virtually every life experience that followed. I am still an introvert. But no one believes it, because I learned how to climb out of my shell when called

Wilson Adam Schooley is a reformed big firm partner and current appellate specialist practicing primarily civil rights and indigent criminal defense law; a professional actor; published author and photographer; Past Chair of the ABA Civil Rights and Social Justice Section; member of the ABA Journal Board of Editors; Delegate to the ABA House of Delegates; Presidential Appointee to the Coalition for Racial and Ethnic Justice; and member of the SDCBA Board of Directors.

LAWYER COOKING CHRONICLES DURING COVID-19 By Julie T. Houth

he COVID-19 pandemic affected everyone in different ways. Grocery shopping seemed like a new experience with shortages of various things such as toilet paper, fresh produce, and canned foods. It was extremely tough to have a positive outlook, but this time allowed me to hone in on my cooking; I refined my existing skills, developed new skills, and implemented healthy eating habits. Learning how to cook and making time for it can be difficult, but as lawyers, we are intelligent individuals who are more than capable of learning some basic skills. Cooking meals at home instead of opting for takeout can really make a difference in adopting a healthier lifestyle that ultimately benefits our effectiveness as lawyers.

Learn How to Cook Recipes are key to a successful dish! A good recipe outlines all the necessary ingredients and steps in a clear manner. Fortunately, recipes can be found on the internet, in cookbooks, and through friends or family. Many meal kit companies help cooks unfamiliar with the basic techniques of sautéing, roasting, and timing a dish. Most dishes take 30 minutes or so to complete, which is completely reasonable.

than eating out, so one huge advantage is saving money. Once a routine is built and basic cooking skills have been developed, cooking at home can save a lot of time as well. This routine could include meal prepping for the week. An extra bonus to cooking is that it becomes another skill to add to your wheelhouse; most lawyers love adding another skill to their resume!

A Healthy Lifestyle Starts Now Healthy meals coupled with regular exercise can really assist in supporting a healthy lifestyle. Start with building a routine of scheduled cooking days during the week. Takeout can be treated as a reward after a hard week, while cooking regularly becomes part of the workweek routine. Feeding yourself and your loved ones should not be a chore. It should instead be viewed as a form of self-care. Although the end of the year is drawing near, bringing all the holiday festivities that come with it, we can still implement healthy habits. I’d like to share a recipe I usually use during the week: it’s quick and delicious. Please enjoy!

Benefits of Cooking

Julie T. Houth (jhouth@rgrdlaw.com) is a staff attorney at Robbins, Geller, Rudman & Dowd LLP and co-editor of San Diego Lawyer.

There are benefits to cooking at home besides just improving overall health. Groceries are usually cheaper

Ginger Coconut Curry

Vegetarian dish, but protein can be added like chicken or tofu if desired. Yields 2 servings. Ingredients • • • • • • • • • • • • • •

1 bell pepper 6 oz. green beans 1 shallot 1 piece fresh ginger (thumb-sized) 1 lime 1 bunch Thai basil 1 Tbsp. curry powder 5.5 oz. coconut milk 2 Tbsp. chili sauce (preferably the sweet version) peanuts (about a handful) vegetable oil 1 tsp. sugar salt and pepper jasmine rice

Instructions 1. Wash all produce. Core, deseed, and cut bell pepper into half-inch pieces. Trim green beans if necessary; cut crosswise into 1-inch pieces. Halve, peel, and mince shallot. Peel and grate or mince ginger. Zest and quarter lime. Pick basil leaves from stems; roughly chop leaves. 2. Heat a large drizzle of oil in a medium pan over medium-high heat. Add bell pepper, green beans, and a good amount of salt. Cook, stirring occasionally, until veggies are slightly softened and lightly charred, 4-6 minutes. 3. Add another large drizzle of oil to the pan with veggies, then stir in shallot, ginger, and half

the curry powder (or all of the curry powder, depending on your taste). Cook, stirring constantly, until fragrant, about 1 minute. Shake coconut milk can or container, then open. Add coconut milk. Stir in chili sauce, the juice from half the lime, and 1 tsp. sugar. Bring to a simmer, and then reduce heat to medium-low. 4. Simmer curry until the sauce has thickened and veggies are tender, 4-6 minutes. Stir in half the chopped basil. Taste and season with salt and more lime juice, if desired. Turn off the heat. 5. Roughly chop peanuts. Serve with jasmine rice. Top rice with curry. Garnish with peanuts and remaining chopped basil. Enjoy!

SAN DIEGO LAWYER | November/December 2021 31

UNT Y BAR A SS CI

AT ION

SAN D IEG

DIVERSITY PLEDGE SIGNATORY

DIVERSITY PLEDGE By Sarcout “Sed” Zangana

hen the COVID-19 pandemic hit us unexpectedly, accompanied by stay-at-home orders and newfound limitations on social gatherings, many of us in the legal community wondered what we could do to stay engaged with our community during uncertain times. Members of the SDCBA’s Committee on Diversity & Inclusion (CDI) came together to tackle multiple projects aimed at furthering diversity, equity, and inclusion (DEI). One such project was revising the SDCBA Diversity Pledge, which had not been updated since 2007. While the 2007 pledge served a purpose, it had become stale and needed a revitalization. CDI Chair Blanca Quintero and I led these revival efforts. On March 9, 2021, after nearly a year of diligent work, the CDI was proud to launch the updated pledge, which has secured over 53 area firms, government agencies, and legal organizations as signatories thus far. The Diversity Pledge, true to its name, encourages law firms and other legal organizations to pledge to increase the number of diverse attorneys being hired and promoted to management and leadership positions within their organizations. Diversity is an inclusive concept that encompasses, without limitation, a set of characteristics, experiences, conditions, and perspectives that make each person unique. The Diversity Pledge recognizes that to better reflect the diversity in our community and serve our clients, we must take action to include historically underrepresented groups. It has been well established in multiple studies that, among other benefits, diversity improves innovation, profitability, and performance. Diversity is beneficial for the legal profession, for business, and for our communities. The concepts of DEI are critical to enhancing the public’s confidence in the judicial system. Embracing DEI is an active process that includes educating oneself on the diversity of others; developing an appreciation for the cultures, backgrounds, and experiences of people who are different from oneself; creating an environment where everyone feels welcomed, accepted, and valued; and enabling underrepresented, underserved, or

historically disadvantaged groups to succeed as equal participants by creating equitable access, opportunity, and advancement. Signatories of the Diversity Pledge commit to hiring and retaining attorneys that represent the diverse population of San Diego County, supporting the promotion and leadership of diverse attorneys, engaging diverse attorneys from outside law firms, and participating in legal community diversity initiatives. Signatories are expected to complete an annual survey that describes their progress toward these goals. CDI anticipates using the aggregate data from the surveys to better track our efforts in DEI. The SDCBA has committed to assisting signatories in this quest by providing them with a private listserv, promoting them on the Diversity Pledge webpage (https://www.sdcba.org/diversity-pledge), recognizing them at Dialogue on Diversity series events, publicizing their names in the annual diversity issue of San Diego Lawyer magazine, and encouraging them to use the Diversity Pledge seal on their promotional materials. It takes readers like you to make further movement toward increasing DEI. You can become an advocate by encouraging law firms and legal organizations to sign the Diversity Pledge and actively promoting these critical concepts whenever possible. If you are an attorney interested in participating in diversity-related discussions, please feel free to join our regularly scheduled CDI meetings, which are held every first Thursday of the month beginning at noon. To learn more about the diversity efforts being made by the SDCBA and ways to get involved, visit https://www. sdcba.org/diversity.

Sarcout “Sed” Zangana (szangana@gmail.com) is a native San Diegan, born and raised. Sed is a Real Estate Attorney at So Cal Realty Law. Sed vice-chairs the SDCBA’s CDI, serves on the Board of the ACS SD Lawyer Chapter, and serves as President to the IABA’s San Diego Chapter.

SAN DIEGO LAWYER | November/December 2021 33

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DICTA HIT THE STANDS 70 YEARS AGO By George W. Brewster Jr.

he magazine you hold in your hands (or are viewing electronically) was preceded by a ragtag sort of monthly publication called DICTA. For its roughly 50-year history (well, OK, 46), DICTA served as a “coffee house” venue for the local bar. It was popular, it was controversial, it was gossipy, and sometimes it was just plain nuts — but it was how the growing number of lawyers and judges in this town stayed connected. This is its story. Vol. 1, no. 1 of DICTA was mailed out to bar membership in December 1951. Edited by Wallace Dorman and R. Sherman Platt, the purpose of the publication was to provide members of the Bar with “a newsletter for the informal utterances and writings by and about attorneys and friends ... This shall be your newsletter to provide a medium for all attorneys, members of the bench, and friends, to meet and know each other … DICTA is a ‘hello,’ ‘who’ and ‘how are you’ effort to bring about a closer relationship among San Diego’s attorneys.” The Bar president at the time, Leroy A. Wright II (whose law office on Fifth Avenue later became the Bar’s first formal home, where DICTA staff would meet at night to raid the Bar Board’s refrigerator for refreshments), noted in this first issue that the old intimacy of the bar had been lost over time due to growth. He hoped that, for readers, the publication would “reacquaint you with old friends and introduce newcomers who will be your friends.” Many people aren’t aware that DICTA was a joint project between the Bar and the Barristers Club of San Diego. The president of the Barristers Club at the time was John Sorbo. In his first edition comments, he noted that though the club was relatively new to San Diego, “nearly all the attorneys in San Diego County under the age of 38” were members. The club’s purpose was to work on professional problems “of particular concern to the young attorney,” with monthly luncheons and social activities “every couple of months.” Notable speakers included Attorney General Pat Brown, Dean Roscoe Pound, and Melvin Belli. Another new organization mentioned in the first volume was the Bar Auxiliary. In its roughly 50 years of activity, this group organized the Blackstone Ball, arranged court tours, raised money for student scholarships, and oversaw many other civic endeavors. The Auxiliary (whose

members were almost exclusively women, mostly the spouses of local attorneys and judges) is now a distant memory; as are the Barristers, Blackstone Ball, Bar picnics, Bar dinner and, well, DICTA. But before we get to its farewell, a little more history. DICTA evolved from a small 6.5-by-9-inch stapled mailer to a 7-by-11-inch magazine bound by staples and mailed. Though, maybe “evolved” isn’t the right word, considering the era of the infamous “DICTA Girl” photo page, which displayed photos of law office employees. In May 1972, Judith McConnell (later Justice McConnell of the Fourth District Court of Appeal) wrote to the editor to complain about the “cheesecake” (slang for “sexualized”) photos and sexist nature of DICTA as a whole, suggesting, tongue in cheek, that the editors add “beefcake” photos. The July 1972 issue featured a letter from new attorney Ann Parode decrying the “Playboy” quality of the magazine; in that same issue, the editor adorned the letters page with a scantily dressed woman. This issue also held the announcement of the formation of a new legal organization, Lawyers Club of San Diego, dedicated to improving the status of women in the legal profession. The San Diego County Public Law Library has all DICTA issues (and San Diego Lawyer magazines) bound and stored in its archival shelving. These are great resources for the historically minded. You can read about the growth of the SDCBA Board from 9 to 15 directors (November 1960), digest major court rule changes (including Fast Track), and say farewell to legal legends with remembrances written by friends and colleagues. You can also find great (and small) humor laced throughout the issues, including Board Briefs, Helen Rowe’s gossip column, Pat Zaharopoulos’ “Hearsay” antidotes, and the annual Parody Issue (starting April 1989). The parodies were quite possibly the final straw spurring on an effort to “professionalize” the bar publication. The August 1997 DICTA was the final hoorah of this homegrown, sometimes flawed, but always engaging publication. George W. Brewster Jr. (sandbrews@aol.com) is a retired attorney after 35 years of practice, including JAG, private practice, and the last 30 with the County of San Diego, Office of County Counsel. SAN DIEGO LAWYER | November/December 2021 35

There’s No Substitute for Hands-On Experience

Real Estate Panel is pleased to welcome its newest mediator

Robert J. Sunderland, Esq. • Mediating disputes since 2003 • Licensed General Contractor with an active license since 1990 • Recognized forensic expertise in identifying key defect issues • Specializing in Real Estate, Construction Defect, Business and Homeowner-HOA disputes

Don Armento, Doug Barker, Shaun Boss, David Bright, John Edwards and Robert Hanna are pleased to welcome Robert Sunderland to the WCRG Real Estate Panel. For more information or to schedule a case, please contact Kathy Purcell at kpurcell@westcoastresolution.com or (619) 238-7282.

westcoastresolution.com

WHY I BELONG KELLY HAYES Murchison & Cumming LLP

Areas of practice: Cannabis & Hemp Law, Regulatory Compliance, Corporate & General Business Law, and Civil Litigation & Disputes.

What initially inspired you to practice law? Activism. As a college student, I became involved in drug policy reform with Students for Sensible Drug Policy (SSDP), a global organization focused on reducing the harms caused by the War on Drugs. While in college, we focused on repealing the drug provision of the Higher Education Act, which denied federal financial aid to students with a drug conviction while other convicted criminals were eligible for such aid. I’m a strong believer in opening doors to education, not closing them. This led me to law school. Now, as an attorney, I advocate for changes to these unjust laws, and I’m also an advocate and voice for my clients by guiding them and ensuring they comply with the laws that regulate the newly legal cannabis and hemp industries in California. Proudest career moment? Bringing commercial cannabis to the city of San Diego. As a law clerk, I assisted in obtaining the first licensed cannabis dispensary in the city of San Diego. Since that time and as an

attorney, I’ve helped to revise state and local laws, and I’ve helped many small and large businesses set up companies and obtain local and state commercial cannabis licenses throughout California. What fills your time outside of work? I enjoy visiting our beaches, traveling, hiking, and yoga. “If I weren’t an attorney, I’d be ...” A journalist. Before law school, I was a newspaper reporter, and I’ve always enjoyed listening to people and hearing their stories. What is your favorite movie, book, or TV show? Why? I really enjoy anything written by Kurt Vonnegut. He’s concise and has a satirical humor. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? I think the one skill that’s really continued to help me in my practice is not being afraid to pick up the telephone. Nowadays, our lifestyle and law practices are so controlled by emails and technology. I find I can get more accomplished if I pick up the phone to talk to the other side, whether that’s an attorney, a colleague, or a city or state regulator. What would you most like to be known for? Making a positive difference for my clients and being a voice for sensible changes to state and federal cannabis laws.

RON MARCUS

DIRECTOR OF MARKETING & OUTREACH

What are your main responsibilities at the Bar? I work with a great team to manage, plan, and strategize all things related to marketing, communications, and branding for the SDCBA. How long have you been working at the Bar? Since May 13, 2019. What is your favorite part of your job? Honestly, the relationships I’ve had the opportunity to develop with so many really amazing people — SDCBA members, leadership, staff, and colleagues at other agencies and organizations. I treasure all of the friendships and collaborations I’ve enjoyed as a result of working for this association. What is your favorite movie and why? There is no one movie I can call my favorite. I cheated on this question and looked up “Rotten Tomatoes Top 100 Movies of All Time” and one on the list that I remember truly enjoying on so

many levels is “Zootopia.” Its lessons about the perils of prejudice and the benefits of inclusivity are priceless — conveyed with humor and breathtaking animation that will appeal to people of all ages. What’s your favorite quote? I am going to cheat again and list three! “It’s only a mistake if you make it twice,” “Fall seven times to rise eight times ... life starts from now,” and “There is no failure. Only feedback.” What do you love about San Diego? I fell in love with this place the moment I first moved here in 1985 to attend university, and I’ve never wanted to live anywhere else since. San Diego has a great laid-back vibe, yet is still a vibrant and cosmopolitan city in so many ways. That, plus close proximity to all kinds of microclimates, not least the glorious beaches, offers a virtually unparalleled plethora of ways to enjoy the outdoors. Oh, and the weather, of course. Who doesn’t love year-round mild temperatures and sunshine? SAN DIEGO LAWYER | November/December 2021 37

THANK YOU TO OUR SPONSORS:

Producing Sponsors:

Diamond Sponsor:

gold Sponsor:

Premier Sponsor

THERE’S LIKE

PATRON, FRIEND AND 100% CLUB MEMBER

THANK YOU TO OUR PRODUCING SPONSOR:

CONGRATULATIONS! The San Diego County Bar Association celebrates the success of those in San Diego who passed the bar exam in October 2021. Acheampong, Stephanie Adler, Kezia Akarmann, Clement Alberico, Andrea Annunziata, Natalie Appell, Nicholas Arias, Adrian Baddour, Adriana Barajas, Orlando Barba, Maya Beach, Adam Beeman, Baylee Belcastro, Patsy Bland, Kaylan Bloch, Sara Boyd, Ellen Brandsen, Johanna Branscome, Jack Brewer, Taylor Broker, Kacilyn Brown, Lauren Brown, Rayne Bruyns, Megan Burger, Brandon Bustillo, Ana Butler, Kelly Caan, David Canevari, Chase Casado, Charles Chambers, Corey Chappell, Bria Chase, Shane Cole, Erin Corral Rocha, Maria Crumm, Meghan Crutchfield, Alyson Cusato, Anthony David, Cindy De Diego Carreras, Alberto DeCeoursty, Kevin Diehl, Brett Dishongh, Katherine Dixon, Katelynsam Doudar, Sara Douglas, Adrian Drury, Julia Duncan, Deidre Durbin, James Eads, Chelcee Eberle, Ryan Epley, Lexi Ferguson, Andrew Fletes, Leonel Franklin, Kelsey Gattenio, Scott Geib, Theresa Geist, Lawrence

Gilmor, Samuel Giuliani, Jessica Glaser, Daniela Gomez, Francisco Gonzalez, Jonathan Grim, Andrea Grimes, Carly Haack, Lauren Hammond, Krishna Hanson, Julia Harris, Ryan Heineken, William Henley, Breana Hernandez, Alejandra Hernandez, Brandon Herron, Amanda Hervey, Michael Hickingbottom, Dakota Higgs, Benjamin Hite, Breanna Holt, Kevin Holtz, Kimberly Hoodecheck, Christopher Hopson, Alexandria Horwitz, Marlee Hughes, Hannah Ignacio, Isabel Victoria Ingersoll, Kristin Iwinski, Kira Jacobo, Natalia John, Brandon Johnson, Christopher Joyce, Tayla, Los Angeles Kachelein, Strider Karaoglanova, Katerina Karraker, Hannah Keach, Madeleine Keshavarz, Dean Kidd, Amanda Kim, Chae Kindley, John Kirk, Casey Koller, Jade Kopp, Haley Kraus, Mikaela Kurtz, David Kutzner, Morgan Landon, Kelsey Lansing, Alexzandra Lazzari, Charity Le, Lindsay Leao de Barros, Marcelo Lee, Daniel Li, Roger llaghan, Kathryn Lloyd, David Loayza Palomino, Valeria

Logan, Caleb Lopez Torres, Karla Lopez, Destiny Ludin, Seelai Mahoney, Sara Ellen Majd, Matthew Manganaro, Samantha Margulieux, Grant Marinelli, Gaaret Marque, Victoire Marrinan, Taylor Massone, Montana McCallie, John McCord, Jana McLaughlin, Christina McMillen, Tara Mercado, Guillermo Meyer, Devon Michta, Diana Mierke, Jill Miranda, Leslie Mireles, Elizabeth Mirreza, Lallae Mitchell, Sydnie Moore, Christopher Moran, Clare Morgan, Andre Mullican, Blaine Murillo, Armando Murphy, Stephen Nwasike, Jessica O’Bara, Caitlin O’Malley, Jessica Oberlies, Kevin Odelson, Rebecca Oh, Sohyun Park, Jessica Patel, Pooja Patel, Priya Patterson, Michael Pettit, Kathryn Pfeiff, Spencer Platt, Allana Portillo-Heap, Veronica Powell, Matthew Pritchett, Alexandria Quaidoo, Catherine Ramos, Jose Ramos, Marisol Rojer, Madeline Russo, Michael Ryan, Christopher Ryu, Albert Sabharwal, Varun Salinas, Claudia Schmid, Jamie Schubert, Allison

Schwartz, Amanda Sealey, Kayla Seydel, Matt Sherwood, Andrew Shin, Daniel Silva, Otavio Simpson-James, Lationa Sirota, Timothy Solberg, Garrett Spandy, Elizabeth Stephens, Nora Stern, Madison Stuart-Lovell, Alexandra Swartz, Savannah Tamplin, Jack Taylor, Jessica Taylor, John Thomas, Sarah Thurston, Chad Todd, Jacob Tolchinsky, Gregory Torres Gallardo, Victoria Trickey, Austin Trivedi, Amruta Turner, Gabriela Turner, Sean Vallot, Kimberly VanRensselaer, Nathan Vasquez, Amy Vaughn, Jessica Weaver, Hayden Weil, Katrina Weiss, Jason Wendland, Taylor Whitaker, Shannon White, Benjamin White, Shelby Whiteley, Jocelyn Whitten, Royce Wolpert, Julia Womelsdorf, Rebecca Xiao, Junqiao Xu, Katie Yang Carrie Yau, Thomas Ybarra, Elvira Young, Samantha Yousufi, Elmira Zakay, Eden Zemel, Amanda Zens, John Zhang, Michelle Zinabidine, Salma Zunshine, Phillip

If you live in San Diego and passed the bar exam in October 2021 and your name isn’t listed here, please let us know at bar@sdcba.org. SAN DIEGO LAWYER | November/December 2021 39

THANK YOU 100% CLUB 2021 The San Diego County Bar Association wants to thank all of the San Diego County law firms, public agencies, and nonprofit legal organizations with 100% of their attorney staff as SDCBA members in 2021. Your commitment to the San Diego legal community is greatly appreciated.

Allen Matkins Leck Gamble Mallory & Natsis Goodwin LLP Brown Gross & Lovelace LLP J J J Ames Karanjia LLP Graham Hollis APC J J Antonyan Miranda, LLP Green Bryant & French, LLP Paul, Plevin, Sullivan & Connaughton LLP Astuno Law PC Greene & Roberts LLP Pettit Kohn Ingrassia Lutz & Dolin PC Atkinson, Andelson, Loya, Ruud & Romo, Grimm, APLC Vranjes & Greer, LLP Pillsbury Winthrop Shaw Pittman LLP Balestreri Potocki & Holmes ALC Hahn Loeser & Parks, LLP Preovolos Lewin, ALC Beamer, Lauth, Steinley & Bond, LLP Henderson, Caverly, Pum & Trytten LLPProcopio, Cory, Hargreaves & Savitch LLP Bender & Gritz, APLC Higgs Fletcher & Mack LLP Pyle Sims Duncan & Stevenson APC Best Best & Krieger, LLP Hoffman & Forde Rowe | Mullen LLP Blackmar, Principe & Schmelter APC Hooper, Lundy & Bookman, PC San Diego County Counsel Blanchard Krasner & French Horton Oberrecht & Kirkpatrick, APC F K Bobbitt, Pinckard & Fields, APC Hughes & Pizzuto, APC Sandler, Lasry, Laube, Byer & Valdez LLP Bonnie R. Moss & Associates Hurwitz Holt, APLC Schulz Brick & Rogaski Brierton, Jones & Jones, LLP Jackson Lewis PC Schwartz Semerdjian Cauley & Moot LLP Burke, Williams & Sorensen LLP Johnson Fistel LLP Seltzer|Caplan|McMahon|Vitek ALC Burton Kelley, LLP Judkins, Glatt & Rich LLP Sharif | Faust Lawyers, Ltd. KK EK JWB Family LawD Sheppard, Mullin, Richter & Hampton LLP Christensen & Spath LLP Kennedy & Souza, APC Shustak Reynolds & Partners, PC Cohelan Khoury & Singer Klinedinst PC Siegel, Moreno & Stettler, APC Devaney Pate Morris & Cameron, LLP Koeller, Nebeker, Carlson & Haluck, LLPSmith, Steiner, Vanderpool, APC Dietz, Gilmor & Chazen, APC Konoske Akiyama | Brust LLP Solomon, Grindle, Lidstad & Wintringer, APC K K Kriger J Law Firm Solomon Minton Cardinal Doyle & Smith LLP Donald R. Holben & Associates, APC J JD K Solomon Ward Seidenwurm K & Smith, LLP Driscoll Anderson Reynard LLP Legal Aid Society of San Diego, Inc. Stokes Wagner ALC Duckor Spradling Metzger & Wynne ALC Lincoln Gustafson & Cercos LLP Sullivan Hill Rez & Engel Dunn DeSantis Walt & Kendrick, LLP Mara Law Firm, APLC Sullivan, McGibbons & Associates LLP Erickson Law Firm APC McCloskey, Waring, Waisman & Drury LLP Tresp, Day & Associates, Inc. Farmer Case & Fedor McDougal, Love, Eckis, Boehmer, Foley, Lyon Walsh & McKean Furcolo LLP Ferris & Britton, APC Mitchell Webb Law Group Finch, Thornton & Baird, LLP Miller, Monson, Peshel, Polacek & Hoshaw Wilson Turner Kosmo LLP Fischer & Van Thiel, LLP MoginRubin LLP Winet Patrick Gayer Creighton & Hanes ALC Fisher Phillips LLP Moore, Schulman & Moore, APC Wingert Grebing Brubaker & Juskie LLP Fleischer & Ravreby Musick, Peeler & Garrett LLP Wirtz Law Fragomen, Del Rey, Bernsen & Loewy, LLP Neil, Dymott, Frank, McCabe & Hudson Witham APLC Mahoney & Abbott, LLP Gatzke Dillon & Ballance LLP Niddrie | Addams | Fuller | Singh LLP Withers Bergman LLP Gomez Trial Attorneys Noonan Lance Boyer & Banach LLP Wright, L’Estrange & Ergastolo

40 SAN DIEGO LAWYER | November/December 2021

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. For more information about upgrading, please contact mbr@sdcba.org.

WHAT TO DO WHEN

YOU HAVE AN ETHICS DOUBT By Edward McIntyre

Patron and Friend member lists as of Nov. 9, 2021.

ou know the feeling. The nagging concern of, is this quite right? Is it possibly a conflict of interest? Can I do this fee sharing arrangement? Should I withdraw? How? Whatever the issue, something just doesn’t seem spot-on.

PATRON MEMBERS

The rule of thumb — better to ask forgiveness than permission — doesn’t work when it comes to professional responsibility. The State Bar doesn’t have a sense of humor. Nor do most judges.

Marc D. 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 Christine M. Chacon Robert P. Cogan Andy Cook Steven T. Coopersmith Ezekiel E. Cortez Taylor Darcy Warren K. Den John A. Don William 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 Garrison Klueck 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 Alison K. Adelman Pedro Bernal Bilse Jivaka A.R. Candappa Linda Cianciolo David B. Dugan Michelle Ann Gastil Ronald Leigh Greenwald

Mark Kaufman Randall E. Kay Matthew J. Norris Anne Perry Kristi E. Pfister Blanca Quintero Stella Shvil Michael A. Van Horne

But you do have resources at hand. First, the SDCBA has an “ethics hotline” — just call 619-231-0781 x4145 and follow the prompts. A lawyer who is a member of the SDCBA’s Legal Ethics Committee staffs the line each month. They are familiar with the Rules of Professional Conduct (former and current), the State Bar Act, and case authority, and can provide ethics opinions to give guidance. They can’t give you legal advice; they’re not your lawyer. But they will point you to the relevant authorities and resources, likely including some you weren’t aware of. The State Bar also has an ethics hotline: 800-238-4427 or 415-538-2150. It is staffed by lawyers and paralegals at the State Bar. They also know the rules and can provide interpretative guidance. As with the SDCBA hotline, they won’t give legal advice, but they will tell you what rules or other authorities you should consider. Finally, you have friends right here in San Diego. Don’t wing it. Instead, pick up the phone and talk to any member of the SDCBA Legal Ethics Committee. They represent lawyers, counsel lawyers, teach ethics to lawyers, are expert witnesses on behalf of lawyers, and work with lawyers. In short: they like lawyers. And they’re not “Dr. No!” They appreciate that you’re trying to do things the right way. They’ll work with you to try and accomplish what you want — within ethical constraints. Reach out. You’ll sleep better for it.

Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.

SAN DIEGO LAWYER | November/December 2021 41

CERTIFICATES OF RECOGNITION The SDCBA recognizes the hard work and leadership of our Sections, Committees, and Divisions that host educational and other programming that align with our Mission, Vision, Core Values, and Strategic Plan. This year, we are recognizing four Sections for their dedication and commitment. Visit sdcba.org/certificatesofrecognition for full details of these sections’ outstanding contributions this year.

CERTIFICATE FOR COLLABORATION

ALTERNATIVE DISPUTE RESOLUTION (ADR) SECTION Produced four joint collaborative programs and events including a CLE on Mediation in the Health Care Field with the Law & Medicine Section, a Lunch & Conversation Roundtable featuring LRIS’s Fee Arbitration program, an organized beach clean-up, and a San Diego Food Bank community service event including multiple sections.

CERTIFICATE FOR VARIETY OF PROGRAMMING & EVENTS

LAW & MEDICINE SECTION

Produced networking mixers, CLE’s, monthly section meetings, and informal roundtables to engage and connect the legal and medical community on hot topics including COVID-19 vaccines, Ethical & Legal Challenges of Providing On-site Healthcare to Protestors, and How to Identify & Avoid Top Healthcare Regulatory Land Mines.

CERTIFICATE FOR NEW LAWYER CONTENT

INTELLECTUAL PROPERTY SECTION Produced content for new practitioners including “How to Get into IP Law With Any Background” and “Meet, Greet, & Repeat,” a social mixer to help new and experienced attorneys informally connect.

CERTIFICATE FOR INNOVATION

WORKERS COMPENSATION SECTION This section, which produced no programs and events in 2020, hosted their first annual New Developments at the Workers Comp Appeals Board featuring a judicial update, as well as hosting a quarterly informal roundtable featuring a prominent Workers Comp practitioner entitled “An Evening with ...”

42 SAN DIEGO LAWYER | November/December 2021

2022 SECTION AND DIVISION EXECUTIVE COMMITTEES New Lawyer Division Jake Zindulka - Chair Stephanie Pengilley - Vice Chair Sara Gold - Member at Large Heather Daiza - Member at Large Elijah Gaglio - Member at Large Hannah Theophil - Member at Large Alternative Dispute Resolution Section Ana Sambold - Chair James Astuno - Vice Chair Mitchell Lathrop - Member at Large Adam Noakes - Member at Large Dale Ordas - Member at Large

Elder Law Section Julie Thorpe-Lopez - Chair Tatiana Doran - Vice Chair

International Law Section Estela De Orduna - Chair Juan Daniel Arau - Vice Chair

Entertainment & Sports Section Brian Hughes - Chair James Hess - Vice Chair Jeremy Evans - Member at Large

Juvenile Law Section Jesica Fellman - Chair Marissa Walter - Vice Chair Labor & Employment Section Shannon Finley - Chair Kelly D. Gemelli - Vice Chair Arcelia Magana - Member at Large

Environmental Law Section Alison Schlick - Chair David Frank - Member at Large Katrina Wraight - New Attorney Member at Large

Animal Law Section Shawn Huston - Chair Cheryl Nolan - Vice Chair Lori Mendez - Member at Large

Estate Planning Section David Greco - Chair Rebecca Van Loon - Vice Chair Kimberley Deede - Member at Large

Appellate Practice Section Catherine Asuncion - Chair Elisabeth Cannon - Vice Chair James Bush - Member at Large Joseph Goodman - Member at Large Jeff Michalowski - Member at Large Michelle Pena - New Attorney Member at Large

Family Law Section Nicholas Moore - Chair Kelly Combs - Vice Chair Tatiana Doran - Member at Large Ashley Dudley - Member at Large Joy Seo - Member at Large

Bankruptcy Section Gary Rudolph - Chair Kathleen Cashman-Kramer - Vice Chair

Civil Litigation Section Christopher Hendricks - Chair Aaron Sibley - Vice Chair James Crosby - Member at Large Sarah Lanham - Member at Large Stacy Plotkin-Wolff - Member at Large Construction Section Stuart Eisler - Chair Adam Lubliner - New Attorney Member at Large

Law & Medicine Section James Eischen - Chair Amanda Abbott - Vice Chair Sasha Jamshidi - Member at Large Military Law Section David Frank - Chair Paul LeBlanc - Member at Large Daniel Pierce - New Attorney Member at Large

Government Law Section Monica Hall - Chair Leopoldo Santiago - Vice Chair Jennifer Berry - Member at Large Victoria Hester - Member at Large Stacy Plotkin-Wolff - Member at Large

Privacy & Cybersecurity Section Myriah Jaworski - Chair William Marshall - Vice Chair Ethan Watts - Member at Large Real Property Section Kyle Yaege - Chair Mark Guithues - Vice Chair Ashley Peterson - Member at Large

Business & Corporate Section Ethan Watts - Chair Matthew Hrutkay - Vice Chair Christina Arnold - Member at Large

Karyn Moore - Member at Large William Small - Member at Large Kevin Hambly - New Attorney Member at Large

Immigration Law Section Jenn French - Chair Nadia Galash - Vice Chair Insurance Section Kristina Fretwell - Chair Sharon Huerta - Vice Chair Christopher Hicks - Member at Large Adam Lubliner - New Attorney Member at Large Intellectual Property Section Taneashia Morrell - Chair Jeffrey Morton - Vice Chair Melissa E. Patterson - Member at Large Jesse Salen - Member at Large Maresa Talbert - Member at Large

Taxation Law Section DeEtte Loeffler - Chair Michael Laisne - Vice Chair Karl Antolin - Member at Large Jennifer Conklin - Member at Large Aaron Hughes - New Attorney Member at Large Workers' Compensation Section John Don - Chair Daniel Mazzella - Vice Chair

SAN DIEGO LAWYER | November/December 2021 43

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.

SDCBA members Mark Cumba and Michael Pulos have been appointed by Governor Newsom to serve on the San Diego Superior Court bench. Cumba has been a Supervising Deputy Attorney General at the California Department of Justice, Office of the Attorney General since 2020. Pulos has been a Supervising Deputy Attorney General at the California Department of Justice, Office of the Attorney General since 2018.

President Biden announced Hon. Linda Lopez and Hon. Jinsook Ohta as candidates for the United States Court, Southern District of California, in his eighth round of judicial nominees. Judge Lopez would be the first active Latina judge, and Judge Ohta would be the first AAPI woman judge.

Chief Judge Emeritus J. Clifford Wallace of the United States Court of Appeals for the Ninth Circuit has been named as the recipient of the 2022 Susan and Carl Bolch Jr. Prize for the Rule of Law. Awarded each year by the Bolch Judicial Institute of Duke Law School, the Bolch Prize is bestowed on “an individual or organization who has demonstrated extraordinary dedication to the rule of law and advancing rule of law principles around the world.”

Hon. M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit received the President’s Award of Washington Women Lawyers (WWL). The award was given in recognition of her role as one of the founders of the statewide Washington Women Lawyers organization, her service as the first co-president, and her continuing work on gender equality, both as a lawyer and on the federal court.

Hon. Richard E. L. Strauss retired from the San Diego Superior Court after serving 26 years on the bench having presided over civil, probate, and criminal law cases.

Hon. Ruth Bermudez Montenegro has been appointed by President Biden as a U.S. District judge in the San Diego federal court. Judge Montenegro has served as a Magistrate Judge in Imperial County since 2018.

Passings Daral B. Mazzarella, partner at Mazzarella & Mazzarella LLP, passed away on Nov. 20. Daral was a trial lawyer who specialized in cases involving litigation in state and federal courts throughout California related to business development, real estate, intellectual property, and construction disputes. He will be greatly missed.

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PHOTO GALLERY

SDCBF 24th Annual:

An Evening in La Jolla Mask-erade! An Evening in La Jolla (ELJ) is the San Diego legal community’s signature benefit that supports grant funding to over 50 legal aid and public interest organizations throughout San Diego County. This year’s mask-themed event was held on the beautiful oceanside grounds of the La Valencia Hotel. L to R: Deborah Dixon, Arleen Haeggquist, Gayle Blatt, Gail King, Dian Khoury

Dian Khoury

Event attendees enjoying the photo booth

Taking photos at the La Valencia Hotel

Balcony view of attendees

Ruth Bruland with Father Joe’s Villages

SAN DIEGO LAWYER | November/December 2021 45

NER 2021 PART

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All information shown is as of December 1, 2021, and subject to change without notice.

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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!

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HERE’S ONE PRICE THAT ISN’T GOING UP:

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SAME AS

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With the price of pretty much everything going up these days, we are determined to keep membership affordable for you. That’s why the SDCBA is saying no to membership rate increases for yet another year.

Renew today and lock in the low 2020 member rate for 2022. Keep all these practice-boosting benefits (and more!) with your 2022 renewal: •

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Get unlimited access to all our online and live CLEs with the members-only SDCBA CLE All-Access Pass for just $100 more per year. Even better, if you don’t have the 2021 Pass, you can get the 2022 Pass as soon as you renew and use it for the rest of 2021 too!

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LAWYER. BROKER.

EXPERT

NEGOTIATOR.

TENANT REPRESENTATION FOR THE LEGAL PROFESSION

R E A L E S T A T E C O M P A N Y, I N C .

EXCELLENCE THROUGH NEGOTIATION

619.235.9959

tbulich@toddbulich.com