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Combating Diversity Fatigue: Don’t Forget Your “Why” Mental Health and Fostering Talent Four Female Presidents
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PRESIDENT'S COLUMN Combating Diversity Fatigue: Don’t Forget Your “Why” by Renée N.G. Stackhouse
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FALL UPDATE FROM THE SAN DIEGO LAW LIBRARY
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WHY I BELONG Get to Know SDCBA Member Francisco Batara
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WHAT TO DO WHEN YOU DECIDE TO GO SOLO by Sabrina Green
LAW SCHOOL COLUMN by Christian Chavez ETHICS Changing Places Outside to Inside by Edward McIntyre
DISTINCTIONS & PASSINGS Community members honored and remembered for their achievements
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TECHNOLOGY Tech Tips and Tidbits by Bill Kammer THE BUSINESS OF LAW The Rewards of Resilience: Building Black-Owned Law Firms in San Diego by Wilson A. Schooley
ASIANS AND ASIAN AMERICANS IN AMERICAN HISTORY IS AMERICAN HISTORY A Few Notable Cases and Laws by Julie T. Houth
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THE INTOLERANT LINEAGE OF GRANDFATHER CLAUSES by Devinder S. Hans
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FOUR FEMALE PRESIDENTS by Holly Amaya
MEET YOUR BAR-ISTA Paola Valencia Program & Event Specialist
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PHOTO GALLERY
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THE CONFERENCE ELITE by George W. Brewster Jr.
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APPELLATE PRO BONO? IT’S COME TO SAN DIEGO by Kevin K. Green
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THE MEXICAN REPATRIATION by Renée N.G. Stackhouse
DIVERSITY 23 29
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2021 DIVERSITY FELLOWSHIP PROGRAM MENTAL HEALTH AND FOSTERING TALENT Diversity Fellowship Program by Bhashini Weerasinghe
TRY TO SEE IT MY WAY ... Examples of Native American Law Practice by Gabriela Magee and Ted Griswold
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SAN DIEGO LAWYER
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September/October 2021
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SAN DIEGO LAWYER EDITORIAL BOARD Co-Editors George W. Brewster Jr.
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President’s Column by Renée N.G. Stackhouse COMBATING DIVERSITY FATIGUE: DON’T FORGET YOUR “WHY” By Renée N.G. Stackhouse
T
he social justice movements over the past year
and became the first woman judge in San Diego, her
have led to increased discussions on diversity,
male colleagues made the choice to hold meetings in
equity, and inclusion (DEI). Organizations of
locations she, as a woman, could not attend. She spent
all kinds have put renewed focus and resources into
her career on the bench as the sole female among
establishing DEI committees, policies, and practices.
her colleagues and while she paved the way for future
After months of self-examining, explaining, educating,
generations of women, being a trailblazer is difficult
drafting, and enacting, fatigue may be starting to set
work. I heard someone say recently, “You can’t break
in. The term “Diversity Fatigue” originated in the 1990s
glass ceilings without getting cut.”
and was used to describe the stress associated with management’s attempts to diversify the workforce through recruiting and retention efforts. Over recent
The work adds up.
years, it’s taken on an expanded meaning and is
Look to see who is leading diversity work and it is
generally considered to be the exhaustion that arises
predominantly minority lawyers; women, people of color,
from diversity and inclusion debates.
and LGBTQ+ individuals. With few exceptions (I’m looking at you, Wil Schooley, former Chair of the ABA Section of
Why are we so tired? We’re tired of fighting.
Civil Rights & Social Justice, and Chris Todd, Chair of the SDCBA Anti-Racism Subcommittee), the work is usually left to those whom it affects. That work is in addition to the efforts expended to navigate a profession that was
One of the biggest hurdles to overcome when we talk
not created for our success. Most women or people of
about increasing diversity and representation in the legal
color report that they feel the need to work twice as
field is that we’re not talking about doing it at someone
hard as their white, male counterparts to be considered
else’s expense. Diversity work is sometimes seen as a
equals. Add in the energy it takes to overcome daily
taking from one person to give to another and therefore
and even hourly microaggressions, and to sometimes
it makes people shut down or fight. Ironically, this is the
have to be retraumatized by the work, and it becomes
antithesis of diversity, equity, and inclusion work where
physically, mentally, and emotionally exhausting.
the goal is to lift everyone up. We’re talking about a future where everyone can be treated with the same respect or given the same access to opportunities as those who have traditionally enjoyed that privilege.
Lip service takes a toll. I will never forget talking to a colleague who was appointed the Chair of the Diversity Committee at his law firm ... and
Being the “only one” isn’t easy.
was also the sole member of the Committee. Paying lip service to diversity, equity, and inclusion efforts but not
Being the only one necessarily implies you are alone.
implementing actionable policies or plans denigrates the
When Hon. Madge Bradley was appointed to the bench
work and devalues those who put unrequited effort into it.
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SAN DIEGO LAWYER
| September/October 2021
It feels like there is a disconnect.
Look for the teaching moment.
In 2020 the State Bar of California issued its First
When you get pushback, channel your energy into
Annual Report Card on the Diversity of California’s
education when you can. Being able to reverse roles
Legal Profession. One of the first major headlines read
with the person pushing back is an invaluable skill
that the state’s attorney population does not reflect
set to help us learn to better communicate with and
its population. Leaders in DEI work have noted that, at
educate those who might not agree with us. It also
least in California where the work has been ongoing
helps us to identify and overcome barriers to our
for decades, the conversation really hasn’t changed.
message. Alternatively, sometimes knowing when to walk away is a win, too.
How do we continue to do the work when we’re fatigued?
Remember your “why.”
Wellness must be a priority.
Most importantly, we must remember our “why.” Your purpose and your motivation will help guide you
If you’re tired, you need to give yourself the
through all the tough times and all the fatigue. As
opportunity to rest. The world will not stop. The fight
Jon Gordon said, “We don’t get burned out because
will not be lost. Make sure to eat, sleep, rest, and
of what we do. We get burned out because we forget
exercise in a way that helps you be as strong as you
why we do it.”
can be moving forward. Find a therapist to help you process your experiences in ways you might not be able to on your own. Take care of you.
Renée N.G. Stackhouse (renee@stackhouseapc.com) is the founder of Stackhouse APC.
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LAW SCHOOL COLUMN by Christian Chavez
D
iversity looks nice on paper. It’s catchy, and easy to define, so it seems fitting that it would be used as a buzzword. It certainly seems measurable, and we can point to evidence of its existence and improvement through measurable data. But diversity examined in this manner is usually predicated on predetermined notions like race, gender, or socioeconomic status. And as attorney Kimberlé Williams Crenshaw has famously pointed out, this kind of statistical evidence often misses extremely crucial elements of our humanity. The intersectionality of an individual’s life is akin to the diversity of our community; without viewing the interplay of the different parts, the whole picture can never be seen. It’s never just static pieces being different from one another that creates “diversity.” It’s the movement and interaction of these pieces, and the ways in which they begin to form with and against each other, that create diversity in our lived experience. So what does the interplay of diversity look like? How do we partake in diversity by means other than being our own, diverse self? After all, it is the diversity of other selves that confers our own diversity. So how can we actively pursue diversity in our daily lives? We do this by listening. We do this by listening to the experiences and perspectives of people who come from different walks of life. We do this by realizing that diversity is not something that is sought; it is
something to be acknowledged. This interplay of diversity is a dynamic exchange that occurs between people when they recognize and accept each other. Our world is diverse beyond imagination, and we are here to become aware of and inspired by it. As such, it is not something that needs to be strived for, in a sense, but something that needs to be allowed to flourish. When we allow diversity to flourish by listening, we are allowing the most core aspect of our humanity to flourish. Because it is not just being diverse that matters; it is sharing and thereby cultivating diversity that is truly important. It can be difficult for attorneys and aspiring attorneys to move away from definitions and measurable data. But the true diversity of our world is found not in who we are as individuals, but in who we become as a community. As we recognize, celebrate, and continue to create the diversity of the San Diego legal community, let us center the thoughts and ideas of those people who have had their voices diminished. Diversity isn’t an objective, it’s a process, and through this process, we can build a more just world, starting with a more just San Diego.
Christian Chavez is a 3L at Thomas Jefferson School of Law, with aspirations of becoming a public defender. They are a proud born-and-raised San Diegan, and cherish the opportunities law has afforded them to give back to this community. In their free time, they enjoy dancing, boxing, and fishing.
SAN DIEGO LAWYER
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September/October 2021
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Cartoon by George Brewster
ETHICS by Edward McIntyre
CHANGING PLACES OUTSIDE TO INSIDE
Macbeth beckoned Sara and Duncan into his office and
a business, financial transaction with it, I see rule
introduced the visitor sitting at the conference table.
1.8.1 applying to the transaction and any agreement
“Meet John Washington.”
memorializing it. Do you —”
After greetings all around, Macbeth continued, “John, you
“1.8.1?”
have some news? Floor’s yours.” “Thanks, Macbeth. Leffco’s a long-time client — first-rate company. They want me to become their general counsel. Love my firm. Hate to leave it. But it’s a terrific opportunity. I
“The rule that governs a lawyer’s business transactions with a client. Sara, Duncan, do you agree?” Sara replied first. “You’re right, Macbeth. Applies here.”
mean, could change my life. Anything I should look out for?”
Duncan nodded.
“Congratulations. Very exciting for you. You’ve thought
Washington turned up both palms. “What’s all that mean?”
about notifying your clients? Making a smooth transition to others in the firm? Things like that?” “You know Monica. Our managing partner’s on top of all that. Worked out a letter to clients. Lined up successors within the firm. Ready to send out the word. Make introductions. Just as soon as I finalize my deal with Leffco.” “Glad you’ve got that part well in hand. What’s your deal with Leffco? In general terms?” “Company’s privately held. A multinational real estate enterprise. Operates in the U.S., EU, Asia. About to negotiate my deal. Salary, of course. Bonus opportunity — based on company performance.”
“Because of our fiduciary obligations, if we do a business or financial transaction with a client, any agreement will be construed against us lawyers.” “I can accept that.” “Basically, rule 1.8.1 provides that any such deal is ethically permissible only if the lawyer meets all its requirements.” Macbeth ticked off on fingers of his left hand, “The transaction and its terms have to be fair and reasonable to the client. The lawyer also has to fully disclose to the client the terms. And the lawyer’s role in the transaction. In writing. And in a way the client can reasonably understand.” “OK, I get it.”
“Yours as well?”
“There’s more.” More fingers. “If the client isn’t represented
“Perhaps, who knows. Also, stock and stock options. Future compensation guarantees. Renewal provisions. You know, comprehensive executive package.” “So, we’re far beyond a standard, initial retention agreement between client and outside lawyer?” “Absolutely. This’ll be a complete package — total deal.
by an independent lawyer, the lawyer has to advise the client in writing that the client may seek the advice of an independent lawyer. And give the client a reasonable opportunity to seek that advice.” “Hadn’t thought about that. Can someone in the firm serve in that role?”
Otherwise, I don’t go.”
Sara started to shake her head.
“Leffco’s an existing client. Because you’re entering
“I think Sara’s giving you the answer. You’re still a partner.
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SAN DIEGO LAWYER
| September/October 2021
You should consider your conflict imputed to each firm
“What are the consequences? You know. If a lawyer doesn’t
lawyer. Also, risk mitigation strongly suggests you’ll want someone totally independent of you and your firm.”
do these things?”
“Seems to make sense. Anything else?”
voidable at the client’s election. Not where you want to be a few years from now. Having left your firm. Turned over
“Oh yes. The client must then give informed consent to the deal’s terms and the lawyer’s role in it. Sara’ll tell you what ‘informed consent’ means in this context.” Washington looked toward Sara. “Basically, the lawyer has to explain all relevant circumstances and material risks. Has to tell the client any actual and reasonably foreseeable adverse consequences.” “That’s my task?” Macbeth picked up. “Yes, your task. Basically, you have to give the client the same advice about the deal against yourself as you would give your client if it were a deal with a third party.”
“The rule’s clear. Comply with each provision or the deal’s
your clients.” Sara added, “Cases enforce the rule very strictly against lawyers who don’t meet each requirement. You might even consider strongly suggesting to Leffco that it engage independent counsel now. To negotiate with you, not just to scrutinize the deal after it’s done.” Duncan added, “That way, you’re never in the position of negotiating directly with your own client.” Macbeth smiled. “Excellent suggestions, Sara, Duncan. John, now you see why I have this brain trust around me. Best wishes in your new position. Please let us know if we can assist in any way.”
“Wow, a bit heavy.” “Because of our fiduciary obligations, dealings between lawyer and client where the lawyer benefits will be closely scrutinized. Remember, the burden’s always on the lawyer to prove the fairness and reasonableness of the deal.”
Editor’s Note: Rule 1.0.1(e) defines “informed consent.”
Edward McIntyre (edmcintyre@ethicsguru.law) is a professional responsibility lawyer.
TECHNOLOGY by Bill Kammer TECH TIPS AND TIDBITS Every Algorithm Has a Point of View
Ransomware Redux
Lawyers are faced with a barrage of recommendations and advertisements for tools and software powered by artificial intelligence (AI). The caption for this paragraph is the title of a 2017 article presented to a national conference of law librarians (https://scholar.law.colorado.edu/ articles/723/). Its core argument was a reminder that algorithms were originally written by humans, who brought to the task technical skills, but also certain assumptions and biases. When vendors claim “Powered by AI,” the wise customer asks for an explanation of that artificial intelligence component and a description of its contribution to the product. For trial lawyers who might want to use AI-generated evidence in hearings and trials, that inquiry and knowledge could be critical to its introduction. Before its admission, the advocate might have to survive a prior Daubert challenge.
Newspapers and messages constantly emphasize the threats represented by ransomware cybercriminals, particularly when the incident encrypts all data on a victim’s computer and servers. In theory, everyone should have an incident response plan and access to immediate technical support. Immediate questions include whether a ransom should be paid; whether supplied decryption keys will work; and whether employees, clients, or authorities must be notified. Attorneys and firms must have readily available backups insulated from the encryption evolution. Even mounting backups to get back in business may require sophisticated analysis because modern malware may have arrived with a timer for delayed release. That malware might simply reside on the chosen backup, awaiting activation when the backup is moved online.
Whatever Happened to Watson? Where has IBM’s Watson gone? Ten years ago, in a celebrated contest, Watson defeated Ken Jennings, the greatest Jeopardy player of all time. Advocates suggested that Watson was a technological advance that would transform and evolve industries. With limited exceptions, that has not happened. Watson was based on an algorithm designed to detect patterns of words to predict answers to questions. That engineering did not automatically lend itself to other industrial situations, however, because of the point of view ingrained in the algorithm.
Phishing and Human Error Some estimates suggest that 80% of all malware and ransomware incidents result from human error. Constant training remains mandatory and is perhaps the only effective technique to counter those threats. No method or training, however, guarantees a perfect defense, so phishing remains a common gateway to infiltrate stored data. This can produce malware and ransomware results. The 2021 Verizon Data Breach Investigations Report found that phishing was present in 36% of breaches, up from 25% the year before (https://enterprise.verizon.com/resources/reports/2021data-breach-investigations-report.pdf).
Sophos publishes an annual ransomware report that recently surveyed 5,400 organizations. One-third of the respondents reported ransomware hits last year, and half of those hit reported that their data was encrypted (https://secure2.sophos.com/en-us/content/state-ofransomware.aspx). We’d best be ready with a workable solution to that threat.
Pandemic Ironies During the past 18 months, attorneys have learned about working from home, virtual desktops and meetings, virtual discovery, and virtual ADR and trials. Some might have also learned how to use technology they never used before March 2020. So much so that the pandemic has a silver lining. The ABA’s recent profile of the legal profession reported that many senior lawyers have adapted well to these new technologies and improved their satisfaction of the ethical responsibilities to understand and utilize technologies in their law practices (https://www. americanbar.org/news/reporter_resources/profile-ofprofession/).
eDiscovery Education Many vendors try to sell us eDiscovery MCLE, but ironically there is even more information freely available delivered via emails, blog posts, podcasts, and webinars.
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SAN DIEGO LAWYER
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One recently posted and comprehensive free asset is
and video files. The volume of data stored in those
the student workbook that Craig Ball provides to his law
posting of their own: https://www.ncsc.gov.uk/blog-post/
files has grown substantially in recent years because of the growing use of internal and external security cameras and routinely recorded telephone conversations. Similarly, enterprise and personal usage have produced the phenomenal growth of Zoom and Microsoft Teams use during the pandemic months, including storage of many recorded sessions. Attorneys cannot ignore this evidence, but the discovery raises new challenges and considerations. Manual review of this information can be time-consuming and expensive, though help may be on the way. Vendors are rapidly developing products that use AI to locate relevant portions within the mass of recorded information, obviating the theoretical need for lineal human review. But even once located, there remain significant challenges involved in privilege and relevance reviews and subsequent production of that ESI. For instance, that data may require conversion so it can be loaded into the platforms attorneys have traditionally used for those stages of the Electronic Discovery Reference Model (EDRM); or the tools themselves may require modification to accept the
the-logic-behind-three-random-words.
new ESI for analysis.
school students at Texas: over 500 pages of wisdom and references that everyone, from tyro to veteran, will find a remarkable resource (http://www.craigball.com/Ball_ESI_ Workbook_UT_SPRING_2021_VER%2021.0214.pdf).
Password Fatigue I know when I write about passwords I may be repeating myself. My past recommendations have included password managers and passphrases. The latter would be a string of words or phrases, rather than passwords that look like “3%9E^i7YPt”. The federal government’s National Institute of Standards and Technology (NIST) first recommended passphrases in 2017. This blog post explained its reasoning: https://www.nist.gov/blogs/taking-measure/easy-waysbuild-better-p5w0rd. Now the British National Cyber Security Centre (NCSC) has joined in with an informative
Audio and Video Discovery A prime example of “new” Electronically Stored Information (ESI) is the growing accumulation of audio
Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.
E
ven amidst our sparkling San Diego sunshine, yet another manifestation of the long shadow of American racism is revealed in the paucity of Black lawyers and
law firm partners. A 2020 American Bar Association (ABA) study showed that 86% of American lawyers are white, and 5% are Black (one-third the percentage of African Americans in the U.S. population). The number of Black women associates has increased just one-tenth of a percentage point over 12 years. Though the percentage of Black partners surpassed 2% for the first time since the National Association for Law Placement (NALP) began collecting data, Black equity partners represent less than 1% of equity partners (likely far less). This statistical reality underscores the challenges facing Black law school graduates. The legal profession is hard enough. Law school is grueling; getting a job afterward is daunting. It’s an obstacle course in the best of circumstances. But if you are Black, running that gauntlet includes many additional levels of challenge. For insight into those challenges, I spoke with two San Diego lawyers who founded Black-owned firms: Doug Oden and Janice Brown. Brown says her most important characteristic is resilience, a trait she acquired because she has “had to get through and over stuff.” She began her career with the Department of Justice, and then joined Seltzer Caplan. Her first client was San Diego Gas & Electric (SDGE). She met the Assistant General Counsel at a conference, and told her, “I’ve never
The Business of Law by Wilson A. Schooley
done it before, but think I’m supposed to ask for business.” They scheduled lunch, and the general counsel brought two files. Brown noticed right away what happened when she
THE REWARDS OF RESILIENCE: BUILDING BLACK-OWNED LAW FIRMS IN SAN DIEGO
brought in business for herself: law firm life got a lot better. She found she liked business development and was good at it, and so she and another Seltzer lawyer left the firm and formed their own. There were compatibility issues, so she founded Brown Law Group, bringing most of her employees with her. She didn’t see herself as starting a Black-owned firm: just starting her firm. It was SDGE that first asked her to become certified as a diverse business. Following certification, she made a presentation for the ABA, and learned about NAMWOLF — the National Association of Minority and Women Owned Law Firms (https://namwolf. org). Joining NAMWOLF significantly enhanced her firm’s opportunities to gain new clients. The Brown Law Firm became the most successful firm in NAMWOLF. Building and running her own business was challenging. Brown continually felt she was being held to a higher standard than others, so she had to adopt strategies to ensure she was at the top of her game. As Butler Snow partner
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Orlando Richmond wrote last year for Fortune magazine, “Women and nonwhite lawyers face the constant specter of being minimized ... [T]his situation requires strict adherence to professionalism in every meaning of the word.” (Richmond explained he even resisted “casual Friday” for that reason.) Brown felt she “boxed above her weight,” and thrived in business development — her “secret sauce.” Owning her own firm was honorable and rewarding. But ultimately, after 20 years, she grew weary of the weighty burdens, including being the sole source of business. She merged her firm with Meyers Nave, a statewide firm where women and people of color constitute 77% of its lawyers. Although she felt the responsibility of relinquishing one of the few Black-owned law firms, she no longer continually worries about the dollars because other lawyers contibute to business development. Brown’s resilience paid off. Never in her career has she experienced the kind of reception her work and ideas are getting now. She wants to teach other lawyers of color how to generate business: “There is nothing like economic power to give you the feeling of being able to make change happen.” Doug Oden knows something about making change happen. His is the oldest Black-owned law firm in San Diego. When he started 43 years ago, there was little to no opportunity to join big law firms. (There were “maybe two Black faces” in the big firms — Bill McCurine, a Rhodes Scholar, and Vickie Turner). So, fresh out of law school at 28 years old, Oden started his own firm. A firm he had
Oden also had a stroke of good fortune by the name of Judge Earl B. Gilliam. Oden’s uncle was involved in the National Association for the Advancement of Colored People (NAACP), as was Gilliam, who taught at Western State as well. Gilliam became a mentor, without whom Oden says he never would have made it through law school. Gilliam invited him to chambers regularly to go over exams. “I’m not going to let you flunk out,” he told Oden. They stayed in close touch throughout his career. Apart from the judge’s mentorship, he had to learn everything on his own. He would go down to the courthouse, watch attorneys work, and try to replicate what they had done. It was trial by fire. “Just do it.” When Oden started, lawyers could sit around the courthouse and get appointed to cases. After he’d been practicing for three years, Judge Gilliam appointed him in a sexual assault case. It turned out the client was extremely volatile, screaming at everyone. During the preliminary hearing, Oden called his first witness when the client suddenly stood and threw his Bible at the witness, accidentally hitting the judge. Oden remembers that he felt for this client; the client was homeless and Black, and the only evidence against him was identification in a voice line-up. The case was publicized in The Reader. Oden spent a good part of his career practicing in the heart of San Diego’s African American community, near Euclid Avenue. Ultimately, his firm grew to four attorneys and moved downtown. Along the way, he became president of the Earl B. Gilliam Bar Association (EBGBA), which had begun in 1976 as the Association of Black Attorneys of San Diego County (ABASDC).
previously clerked for let him have an office for free and gave him a few spillover cases. He took the scraps, but after one year, the firm wanted its office back. He was back to striving for success on his own. Before Oden knew it, he was handling major felonies in his first year of practice. He joined forces with Otis Jones, remembering that they had to have “a lot of intestinal fortitude.” He was usually the only African American in the courtroom, besides the defendant. At the end of the
Brown and Oden managed to overcome the odds to successfully build and run their own law firms. They had to swim upstream against latent and blatant racism, confirmation bias, and tokenism. Their success is a testament to the resilience Brown spoke about, to exceptional mentors like Judge Gilliam, and to their own gifts as lawyers and people. They have laid a foundation for a new generation of young Black lawyers who, both agreed, have more opportunities at majority law firms and in-house.
1980s only 1% of San Diego lawyers were Black, compared with the national average of 3%. As of 2013, only about 200 Black lawyers had ever worked in San Diego (see Pioneers, Warriors, Advocates: San Diego’s Black Legal Community, 1890-2013, Robert Fikes). It was difficult to find guidance, support, and mentorship in that environment. But he felt that if he let that stress get to him, he shouldn’t be in the practice of law.
Wilson A. 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.
SAN DIEGO LAWYER
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September/October 2021
17
ASIANS AND ASIAN AMERICANS IN AMERICAN HISTORY IS AMERICAN HISTORY: A FEW NOTABLE CASES AND LAWS By Julie T. Houth
O
ver 30 years ago, President George H. W. Bush signed a law that designated May 1990 as the first Asian American and Pacific Islander Heritage
Landmark Cases and Laws (1) Chinese Exclusion Act (1882)
Month. However, much of Asian American history remains
Congress passed the Chinese Exclusion Act, the only
a mystery to many Americans, including Asian Americans
U.S. law to prevent immigration and naturalization on the
themselves.
basis of race, which restricted Chinese immigration for the next 60 years. This was known as the “Chinese Must
The term “Asian American” and variations of the term, e.g.,
Go” movement and greatly contributed to the decline of
Asian American and Pacific Islander (AAPI), encompasses
Chinese immigration to the United States.
individuals of Asian descent. These individuals do not necessarily identify themselves as part of the same culture
(2) United States v. Wong Kim Ark (1898)
because of language differences, cultural differences,
During this time, the Chinese Exclusion Act denied
and the historical enmities of their homelands.
citizenship to Chinese immigrants. Furthermore, no Chinese
In American history, many Asians and AAPIs have united in
subject in the United States could become a naturalized
solidarity across Asian ethnic groups for various reasons,
citizen. Wong Kim Ark was born in San Francisco to parents
including the desire to show their collective struggles
who were both Chinese citizens residing in the U.S.
and oppression.
He visited China, and on his return to the U.S., was denied
The United States is known for its diversity of people and cultures, the melting pot of the world. Asians and AAPIs have had a significant impact on American legal history, for better or for worse. Asians and AAPIs in American history IS American history. “By not showing up in American history, by not hearing about Asian Americans in schools, that contributes to that sense of foreignness,” said Sarah-SoonLing Blackburn, a teacher educator with the Southern Poverty Law Center’s Learning for Justice initiative. The history of the AAPI community is tied closely to federal and state court rulings because, like other minority racial groups who were denied full access to certain constitutional rights, the main avenue of recourse in the struggle for equality was through the court system. The following section highlights a few landmark cases and laws where individuals of the AAPI community helped shape American legal history.
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entry because he was not considered a citizen. Because Wong was born in the United States and his parents were not “employed in any diplomatic or official capacity under the Emperor of China,” the Citizenship Clause of the Fourteenth Amendment automatically made him a U.S. citizen. Justice Horace Gray authored the opinion on behalf of a 6-2 majority, in which the Court established the parameters of the concept known as jus soli — the citizenship of children born in the United States to non-citizens. (3) Korematsu v. United States (1944) President Franklin D. Roosevelt issued Executive Order 9066 on Feb. 19, 1942, authorizing the War Department to create military areas from which any or all Americans might be excluded. “All persons of Japanese ancestry, including
aliens and non-aliens” were relocated to internment
opportunity in violation of the Fourteenth Amendment and the
camps; however, Fred Korematsu, a Japanese American
Civil Rights Act of 1964. The case was taken all the way to the
man, refused to leave the exclusion zone. Korematsu was
U.S. Supreme Court, where it held unanimously that schools
a landmark decision by the U.S. Supreme Court to uphold
that fail to provide supplemental classes to students who do
the exclusion of Japanese Americans from the West Court
not speak English violate the Civil Rights Act.
Military area during WWII. Lau remains an important decision because the Supreme Of significant note is that Dale Minami, a civil rights lawyer,
Court found a violation of the Civil Rights Act based on the
led the reopening of this case and helped overturn
discriminatory effect of the school policy, regardless of the
Korematsu’s criminal conviction 40 years after the case
intent of the officials.
closed. Minami received several awards, including the ABA’s Thurgood Marshall and Spirit of Excellence Awards
Conclusion
in 2019.
Inclusion of Asians and AAPIs in academic curriculums can help educate the community at large about the
(4) Loving v. Virginia (1967)
historical significance and impact this group of people
Loving was the pivotal U.S. Supreme Court case that
has had in American history. In 2021, Illinois became the
legalized interracial marriage across the United States.
first state in the country to require the inclusion of Asian
Although the parties in this case did not directly involve
American history in public school curriculums — the
a member of the AAPI community, William Marutani,
Teaching Equitable Asian American Community History Act
a Japanese American lawyer, filed an amicus brief and was
(TEAACH). This Act takes the first step toward addressing
permitted to speak in favor of the couple. He represented
some of the gaps by requiring all public elementary
the Japanese American Citizens League.
schools and high schools to have a unit dedicated to Asian American history. The effectiveness of this law will depend
(5) Lau v. Nichols (1973)
a lot on its implementation, but it is a start toward a more
In 1971, the San Francisco, California school system was
inclusive America. As sophisticated individuals, lawyers
integrated and absorbed almost 3,000 students of Chinese
have the great responsibility to promote justice and serve
ancestry who were not proficient in English.
their respective communities. By understanding this country’s past and present, we can work toward the integral
Kinney Kimmon Lau and other students of Chinese descent
need to create a better, more inclusive future.
who did not speak English and received no supplemental English courses brought a class action suit against the officials in the San Francisco Unified School District. The students claimed that the failure to provide supplemental English classes constituted an unequal educational
Technology & Law Practice Management
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THE INTOLERANT LINEAGE OF GRANDFATHER CLAUSES By Devinder S. Hans
W
hen enacting new regulations, legislatures sometimes include a so-called “grandfather clause” to permit certain conduct to continue, even when prohibited under the new regulations. Grandfather clauses are often used in land and business regulations, but can also be found in a variety of other contexts. For example, when the California legislature eliminated personal belief exemptions for mandated childhood vaccinations (after a measles outbreak at Disneyland), it “grandfathered in,” for a short period, children who had such an exemption. As common as these clauses are today, the term “grandfather clause” originated for a very specific purpose, and used to refer to literal grandfathers. Grandfather clauses were a means of insulating whites from mechanisms enacted to disenfranchise Blacks. Ratified in 1870, the Fifteenth Amendment to the U.S. Constitution prohibits infringement of a citizen’s right to vote “on account of race, color, or previous condition of servitude.” During Reconstruction, African Americans voted and held elected office in many Southern states. After Reconstruction, states enacted poll taxes and literacy tests (as well as employing fraud and intimidation) to restrict the franchise. To limit the effect on white voters, grandfather clauses were added, usually exempting anyone eligible to vote before 1867 and their descendants. Jan. 1, 1867 was often chosen as an anchoring date, because the Reconstruction Act of 1867 required Confederate states to grant voting rights to Black men as a condition for being readmitted to the Union. Most states, possibly to avoid judicial review, enacted short-term grandfather clauses to establish an initial disenfranchisement that was then continued through discretionary enforcement of other laws. In contrast, Oklahoma’s Voter Registration Act of 1910 enacted its grandfather clause as a permanent amendment to the state constitution. Oklahoma required prospective voters to pass a literacy test unless they or an ancestor had been “entitled to vote under any form of government”
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on or before Jan. 1, 1866. In 1915, the U.S. Supreme Court had little difficulty holding the grandfather clause unconstitutional as an obvious violation of the Fifteenth Amendment. The Court stated, “We seek in vain for any ground which would sustain any other interpretation but that the provision, recurring to the conditions existing before the 15th Amendment, was adopted to restrict voting rights on account of race.” The Court’s ruling did little to improve voting rights. A New Orleans newspaper stated that the court’s decision was “not of the slightest political importance in the South.” One Richmond newspaper noted that grandfather clauses had already served their purpose. Discretionary enforcement of literacy tests ensured that the purpose of grandfather clauses would continue in practice. For its part, Oklahoma responded to the ruling by establishing a 12-day window to register to vote for anyone not already registered in 1914. Anyone failing to register during that period permanently lost the right to register. This enactment was not invalidated until 24 years later. Concluding that the new statute was simply another version of the earlier grandfather clause, Justice Frankfurter stated that the Fifteenth Amendment “nullifies sophisticated as well as simple-minded modes of discrimination.” Although grandfather clauses enabling disenfranchisement were ruled unconstitutional in 1915, more effective mechanisms of disenfranchisement were not curtailed until later. Poll taxes were not abolished until ratification of the 24th Amendment in 1964. Literacy tests were not outlawed until passage of the Voting Rights Act of 1965, first in the South, and then, through later amendments, in the rest of the country.
Devinder S. Hans is an attorney at law.
Pantone Colors
Red - Pantone 7628 CP Blue - Pantone 2955 CP White
Remembering the San Diego County Bar Foundation Through Planned Giving and Cy Pres Settlement Designations
Many who form part of the San Diego legal community may be aware of the San Diego County Bar Foundation’s annual fundraising
efforts to support our mission of expanding access to justice, such as the Distinguished Lawyer Memorial and An Evening in La Jolla. In addition to these fundraising events, here are two other significant ways to financially support the Foundation: remembering the Foundation in legacy and planned giving, and designating the Foundation as the cy pres recipient of unclaimed funds from your next class action settlement.
Planned Giving Donations to the Foundation, including those through estate plan bequests or the creation of a donor advised fund, allow the Foundation to provide grants to organizations that support access to justice in San Diego County.
Cy Pres Settlements Cy pres awards are a vital source of support for the Foundation. By designating the Foundation a cy pres recipient, you will help ensure the availability of free or low-cost legal services and education for the underserved in San Diego.
Trust and estate practitioners can recommend the Foundation to your clients when designating charities and making planned gifts. The Foundation can administer legacy gifts in general or as donor advised funds to impact a specific grant funding focus area. We can also set up and administer endowments for sustained impact.
The Foundation may receive cy pres funds arising out of any type of class action under state law because it is a “nonprofit organization providing civil legal services to the indigent.” See Cal. Code Civ. Proc § 384 (amended 2018). Although the Foundation does not directly provide legal services, it directly funds organizations that do.
The funds received by the Foundation go directly into the organizations that are on the frontlines of providing access to justice, education about the legal system, and pro bono representation for those most in need in San Diego County.
The Foundation also meets the applicable “nexus” requirement to be designated a cy pres recipient in class actions litigated in federal court. Many of our grant recipients challenge issues of discrimination, harassment, retaliation, denials of accommodations, elder abuse and other issues that may reflect the claims and interests of class members in the class action in which the Foundation could be designated, providing the necessary “nexus” to qualify the Foundation for cy pres awards in federal court.
The Board of the Foundation conducts a detailed review of each potential grant recipient’s budget, financials, use of prior funding and impact in the community before disbursing any funds. The Board’s due diligence during the grant making process should provide donors with peace of mind that any funds left to the Foundation will be put to good use. Please consider the Foundation for yourself and your clients in charitable contributions or planned giving.
Please consider the Foundation as the cy pres recipient of your next class action settlement.
The San Diego County Bar Foundation (SDCBF) is a 501(c)(3) tax exempt organization and charitable arm of the San Diego County Bar Association. Since its inception, the SDCBF has granted over $4 million throughout San Diego County to over 50 legal-aid and public interest organizations. To learn more about SDCBF and our grant programs, please visit, sdcbf.org.
THE SAME EXCEPTIONAL SERVICE.
NOW IN SAN DIEGO.
Hon. Margo Lewis Hoy (Ret.)
Scott Slater Markus
Located in Del Mar, our new office will feature all the amenities that are customary to Signature Resolution, such as a full-service cafe, a lounge for neutrals, and state-of-the-art conference rooms with video conferencing technology.
Inquire now and let us resolve your next dispute virtually or in-person.
2021
DIVERSITY FELLOWSHIP PROGRAM T
he San Diego County Bar Association and the Association of Corporate Counsel — San Diego Chapter created the San Diego Diversity Fellowship Program (DFP) in 2009 as a response to the low number of diverse attorneys practicing law in San Diego County law firms, corporate legal departments, and public agencies. In 2021, we were proud to host 22 fellows at 20 law firms and corporate legal departments over the summer. We asked our fellows and employers for their thoughts on what was most impactful about the program and the importance of inclusion efforts in our profession. Here are their responses.
Thank You to Our 2021 Participating DFP Employers! American Specialty Health Inc. Ames Karanjia LLP Atkinson, Andelson, Loya, Ruud & Romo, APC Becton, Dickinson and Company Ferris & Britton, APC Fisher Phillips LLP Haeggquist & Eck, LLP Higgs Fletcher & Mack LLP Klinedinst PC Lagasse Branch Bell + Kinkead LLP LPL Financial Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia Lutz & Dolin PC Procopio, Cory, Hargreaves & Savitch LLP Robbins Geller Rudman & Dowd, LLP San Diego County District Attorney’s Office San Diego County Public Defender’s Office Sempra Energy Sony Electronics Inc. Wilson Turner Kosmo LLP
AMERICAN SPECIALTY HEALTH INC.
EMPLOYER
Korry Huffman
Devon Esguerra — USD
Diversity and inclusion better our office’s business and culture by creating a more equal and equitable environment for employees to work while also promoting a culture that is accepting of all perspectives, needs, and voices. American Specialty Health is a very innovative company, and diversity and inclusion really help to drive that initiative.
The most important takeaway is to stay engaged and give back. I feel honored to have been chosen to be a Diversity Fellow, but need to remember to pay it forward to the diverse students that come after me who may be dealing with the same imposter syndrome I was when tackling the first year of law school.
FELLOW
AMES KARANJIA LLP
EMPLOYER
Mary Allain
Ishdeep Bhamra — California Western
Diversity and inclusion at the workplace is one of our core values. Adding insight from people with different backgrounds and perspectives improves our office culture and work product, and allows us to provide a voice to underrepresented individuals in the legal community.
Being thoughtful in your practice was a highly valuable takeaway from my fellowship, whether dealing with an opposing counsel or party, or while writing motions and doing research. For example, learning how to disarm a hostile witness in a deposition, or work with an uncooperative opposing counsel. Similarly, being thoughtful in writings to the court or opposing counsel to frame arguments for future motions, which increases the likelihood of success for your client.
FELLOW
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September/October 2021
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DIVERSITY ATKINSON, ANDELSON, LOYA, RUUD & ROMO, APC
EMPLOYER
Jonathan Andrews
Raul Rabago — California Western
With respect to increasing diversity, I would encourage employers to think outside of your normal recruitment channels. Working with Raul, who approached his experience with such enthusiasm and willingness to learn, was a great reminder of how much we all have to learn from each other, as lawyers and people.
Aside from the many practical skills I learned from my DFP fellowship, perhaps the biggest takeaway came in the form of a deeper understanding of the legal profession as a whole. As a first-generation law student, many aspects of the legal field are unknown. However, through my DFP fellowship, I now have a clearer understanding of everything from etiquette and professionalism to how a firm operates. The one-on-one conversations I was able to have with the attorneys were truly invaluable.
FELLOW
BECTON, DICKINSON AND COMPANY
EMPLOYER
Sarah Mason
Mayra Langer — California Western
We believe inclusion and diversity help drive innovation, understand patient and customer needs, and makes BD the best possible place for all people to work. Creating a culture of individual belonging; building and engaging diverse teams; and leveraging the unique ideas, backgrounds, and experiences of our associates will deliver better outcomes for our global marketplace.
DFP showed me there are a lot of people in our local community who value diversity and want to mentor the next generation of attorneys. I felt motivated and encouraged after every DFP panel discussion with local judges and attorneys. DFP helped me connect to a network of professionals I know I can reach out to for advice.
FELLOW
Arya Sadighian — California Western
FELLOW
Working in-house got me exposed to an array of legal issues, specifically within the medical technology field. The most important takeaway from this fellowship was my ability to work within a variety of legal fields. Whether it be IP, employment, litigation, or commercial, I was able to work with different counsel on different projects to broaden my experience and fully immerse myself into different concentrations of the law.
FERRIS & BRITTON, APC
EMPLOYER
24
Justin Paik
Jesus Cisneros — California Western
I was reminded of the critical role this program, along with the participating employers, plays in providing an invaluable opportunity to each DFP fellow. As a former DFP fellow, it was both satisfying and rewarding to know that I played a role in helping our fellow get closer to fulfilling his goal.
Promoting diversity and inclusion in the legal profession is important to me because of the importance of setting examples for younger generations. As a young person of color, I was always motivated and inspired when I saw attorneys who looked like me and/or came from similar backgrounds. As a result, I plan to be intentional about hiring and retaining attorneys from diverse backgrounds, as well as mentoring younger attorneys and students throughout my career.
SAN DIEGO LAWYER
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FELLOW
DIVERSITY FISHER PHILLIPS LLP
EMPLOYER
Adam Sloustcher
Yusra Serhan — USD
Fisher Phillips is committed to creating a diverse and inclusive workforce that reflects the diversity of the communities in which we serve. We recognize that cultivating an inclusive environment drives innovation and growth which, in turn, strengthens our ability to best serve our clients. Ultimately, a diverse culture with a variety of backgrounds and perspectives makes any business more successful.
Diversity and inclusion are so important to me because we can always learn so much from people who come from different backgrounds and experiences. Inclusion not only provides opportunities to everyone, but it also allows for collective growth and understanding, which drives us away from bias and discrimination. Without this program, I would not have had the experience with Fisher Phillips and found out that I enjoy this area of law. I will strive to always make room for an array of diverse voices in my workplace, and continue to be involved in organizations that promote diversity and inclusion.
FELLOW
HAEGGQUIST & ECK, LLP
EMPLOYER
Aaron Olsen
Alice Men — USD
Being proactive about creating channels to bring you people with different backgrounds is one of the best ways to create a diverse and inclusive culture, and to be vocal that you value diversity and inclusiveness. The DFP program is one such channel.
The most important takeaway from my fellowship is to understand the “why.” Why people communicate the way they do, and why they want what they want. Understanding a person’s purpose leads to not only the most effective way of communication, but also the best resolution that suits a client’s legal needs.
FELLOW
HIGGS FLETCHER & MACK LLP
EMPLOYER
Edwin M. Boniske
Anissa Elhaiesahar — USD
Throughout the 10 years HFM has participated in the Diversity Fellowship Program, we have found that we “get” more than we give when it comes to our fellows. While our fellows gain experience, we gain invaluable insights and diverse perspectives from the next generation of lawyers who will help shape our firm and how we serve clients now and into the future.
One of the most important takeaways from the Diversity Fellowship Program was the feeling of belonging. As a minority entering the legal field, it can be daunting at times. The Diversity Fellowship Program delivered assurance and encouragement among one another.
FELLOW
KLINEDINST PC
EMPLOYER
Brian Murphy
Christy Hsu — California Western
Providing a diverse, inclusive workspace keeps the firm sharp and competitive. Diverse voices are more likely to see a novel solution, to approach problems differently. And inclusivity means that we get the greatest possible contribution from everyone on the team.
Don’t be afraid to ask questions! While it is very easy to talk about, it is often very hard for many of us to take the leap of faith and ask questions, including my pre-Klinedinst self. However, I can now confirm that asking questions can be productive too. This new approach allowed me to gain knowledge from others, facilitate discussions, and receive a diversity of thought.
FELLOW
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September/October 2021
25
DIVERSITY LAGASSE BRANCH BELL + KINKEAD LLP
EMPLOYER
Jessica Yang
Sean Lee — USD
Our firm looks forward to participating in the Diversity Fellowship Program every year, and have been very lucky to have fantastic and enthusiastic students join us. It has been such a thrill to see our fellows graduate and embark on their careers, and to be able to play even a small part in their journeys.
Throughout my fellowship, a recurring theme seemed to be that who you work with is as important as what you work on. After attending law school online for a year, the level of camaraderie at LBBK was definitely much needed and had me excited to come in to the office every day. Having the opportunity to be part of such an inclusive environment full of great attorneys and personalities was an amazing experience.
FELLOW
LPL FINANCIAL Ian Frimet
Aishat Liz Sulaiman — USD
At LPL, we believe that diverse teams, when managed in a culture of inclusion, are more creative, more productive, and better at problemsolving. Diversity yields new perspectives and those perspectives present opportunity for growth. Both our advisor community and investor community are evolving, and that change is happening quickly. Ensuring we have a diverse employee and advisor community positions us to meet the dynamic needs of our client base.
Diversity and inclusion are important because, to me, diversity equals progress and success. Having access to different types of firms and opportunities only betters our communities. I will continue to advocate for these types of programs, help firms start diversity programs while also working to make it a part of firm culture, and share my experiences so other minorities can use it to their advantage.
FELLOW
PAUL, PLEVIN, SULLIVAN & CONNAUGHTON LLP
EMPLOYER
Hollis Peterson
Gervilyn Cadimas — USD
When people feel welcome and respected, they are more willing to share their ideas and experiences. Working with people who are different than you can sometimes feel harder, but the contention and unfamiliarity that often come with diversity can be an important catalyst for innovation and change. At PPSC, we believe that capitalizing on diversity means highlighting differences, instead of hiding from them, and we embrace this open-mindedness in the practice of law.
The most important takeaway I received from the DFP fellowship is to foster and maintain relationships. The legal community, especially in San Diego, is fairly small and it is important to keep in touch and create meaningful relationships with your peers, classmates, colleagues, and employers.
FELLOW
PETTIT KOHN INGRASSIA LUTZ & DOLIN PC
EMPLOYER
26
Janice Walshok
Michael Garman — UCLA
Diversity and inclusion empower employees to vocalize and share ideas freely in order to reach the best resolution, provide employees with confidence so they can perform at their best for the clients, and promote a positive work environment, resulting in less turnover.
My most important takeaway was the skill of “figuring it out.” Law clerks and junior associates often receive complex tasks with very little instruction or guidance. What separates an average attorney from an above-average attorney is the ability to embrace ambiguity and solve problems by being resourceful, using good judgment, and developing sound legal instincts.
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FELLOW
DIVERSITY PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
EMPLOYER
John Alessio
Amanda Chavez — California Western
Our success with our diversity, equity and inclusion efforts have been due to a multifaceted approach along with participation and buy-in from our people at every level throughout the firm. We encourage employers who are committed to diversity and inclusion to integrate their efforts into all aspects of their business.
One takeaway from my DFP fellowship is the importance of facing your fears. When first applying to this program, I was nervous I would not be admitted. At Procopio, I was constantly afraid of messing up on assignments. However, throughout this summer, I have faced my fears, coming out stronger and more confident. This program has given me courage I did not have a few months ago, and it has further fueled my passion for pursuing a legal career.
FELLOW
ROBBINS GELLER RUDMAN & DOWD LLP
EMPLOYER
Debra Wyman
Arianna Camargo — California Western
The complement of ideas and viewpoints that are offered when you have a variety of life experiences, challenges, and backgrounds is an invaluable tool that allows us to identify and cultivate the novel arguments and strategies we routinely use in our evolving and challenging practice areas. Because our firm culture is centered on collaborative relationships, the varied viewpoints are welcomed and encouraged.
Historically marginalized populations deserve to exist in these marvelous, legal spaces! I am a firm believer that “representation matters.” I want students with a similar background to know pursuing a law degree is possible. I am committed to inspiring the future generation of lawyers!
FELLOW
SAN DIEGO COUNTY DISTRICT ATTORNEY’S OFFICE
EMPLOYER
Jerrilyn Malana
Alexis Greene — USD
The DA’s Office is committed to equity, diversity, and inclusion as these principles foster a workplace of inclusiveness and belonging where all employees can thrive. Our mission at the DA’s Office is to pursue equal and fair justice for all and to build safe neighborhoods in partnership with the communities we serve, by ethically prosecuting criminals, protecting victims, and preventing crime. The rich diversity of our 1,000 employees enables us to fulfill our mission, and makes our DA team stronger, smarter, and better able to serve the public.
The most important takeaway from this experience is trust the process. No matter where you are placed, you will learn and grow and will have an amazing experience. This fellowship gives you every opportunity for success and everyone participating wants you to succeed. You are constantly surrounded by mentors, and no matter where you are, you will be encouraged and pushed. This is one of the most rewarding summers I have ever had.
FELLOW
SAN DIEGO COUNTY PUBLIC DEFENDER’S OFFICE
EMPLOYER
Kristin Scogin
Mayra Romero — California Western
Diversity in our workplace helps us better serve our clients and support each other. The more diverse our backgrounds and perspectives, the greater reach we will have in serving our clients and one another. We strive to create and improve a diverse and inclusive environment to ensure our clients feel heard and we ourselves also feel valued.
As an intern at the San Diego Public Defender’s Office, I was able to experience the hard work and dedication of these public lawyers. I could sense and see their daily dedication to the protection of their clients’ constitutional rights. I sat in on motions and trials. I also wrote many motions and interviewed clients both in custody and out of custody. The best experience DFP offered me with this placement is that it gave an opportunity to learn hands on.
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SAN DIEGO LAWYER
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September/October 2021
27
DIVERSITY SEMPRA ENERGY
EMPLOYER
Charles Dispenzieri
Alicia Himes — California Western
At Sempra, our future is rooted in the strength of our people. Ensuring an inclusive, diverse and engaged workforce is woven into the fabric of our company. When we value diversity and inclusion, employees can bring their whole selves to work and share their unique perspectives and ideas. This helps us achieve better business outcomes, and the impact extends beyond the walls of our company to the communities we serve.
Research projects in law school versus the real world are incredibly different. In school, our professors give us topics with relatively clear answers, whereas in actual practice, there are many areas of law that are still undecided or do not have clear rules to govern. I was frequently met with assignments that led to vague, if any, answers at all. It was a reality check, which has only made me more excited for completing law school and becoming a practicing attorney.
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Briana Peters — USD
FELLOW
Diversity and inclusion represent a collection of different ideas and people, where all differences are respected. Working at a company that appreciates diversity and inclusion contributes to positive company culture and creates a more enjoyable work environment. As I move forward in my career, I will continue to help diverse law students and one day, I hope to start a mentoring and scholarship program for students in San Diego.
SONY ELECTRONICS INC.
EMPLOYER
India Jewell
Amanda Sharp — USD
For many years, Sony Electronics Inc. has been recognized as a great place to work! Part of the basis for the recognition is Sony’s commitment to making sure that our team can show up as their whole selves. This means that we fully celebrate diversity and inclusion, and know that they are the key to not only our workspace and happy and engaged employees, but also to our constant quest for an environment that inspires innovation and success.
The most important skills I will take away from this experience are from the projects I got to work on and the autonomy I was given. Allowing me to help with real-world product launches, privacy research, and litigation proceedings allowed me to actually utilize my legal skills while learning alongside the amazing attorneys at Sony Electronics.
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WILSON TURNER KOSMO LLP
EMPLOYER
28
Parada Ornelas
Marshall Fern — California Western
At WTK, diversity and inclusion are in our DNA. We are one of the largest certified women-owned law firms in the region. Indeed, 63% of firm partners are women and 31% of the partners are minorities; 77% of our attorneys are women and 47% are minorities; and greater than 75% of all firm personnel are either women or minorities. By recruiting and retaining top talent with diverse backgrounds and experiences, we have created a vibrant workplace, where a variety of viewpoints are celebrated. We truly believe that our diverse teams come up with more creative strategies and solutions for our clients.
Conversations are the way we communicate stories, and I believe stories are the best way we learn as people. Promoting diversity within the legal field opens up different questions to be answered. This is why diversity is important to me because it helps us understand one another to resolve conflicts. As I move forward in my career I plan to promote diversity within the legal field by joining CWSL’s Student Ambassador program to help educate incoming 1L’s about programs, such as DFP, and other ways they can jumpstart their legal careers.
SAN DIEGO LAWYER
| September/October 2021
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DIVERSITY DIVERSITY FELLOWSHIP PROGRAM:
MENTAL HEALTH AND FOSTERING TALENT By Bhashini Weerasinghe
A
favorite quote among gymnasts is: “Have the strength to hold on, and the courage to let go!” Simone Biles, the greatest gymnast of all time,1
shocked the world when she dropped out of five of the six events she qualified for at the Tokyo Olympics this summer because of mental health concerns and a desire to put her team and her health above her ambition to compete.2 Biles, who has been an inspiration to many, has yet again led the way to an important discussion on mental health, especially in high-pressure situations with demanding expectations. Like in sports, we are accustomed in our profession to the persistent pressure to perform, and are often rewarded for our abilities to power through on adrenaline or coffee while we sacrifice our well-being to come out on top — whatever the goal may be. Success often requires leaning in and pushing ourselves to the brink without breaking.
like outsiders.”7 According to Gardner, “The combination of discrimination and imposter syndrome can result in higher stress levels and more negative mental health outcomes.”8 So, what can employers do? While those of us who pay attention to diversity and inclusion numbers know that the progress is slow to improve, one way that employers can help ensure we foster the talents of diverse young attorneys is to participate in programs such as the SDCBAACC Diversity Fellowship Program (DFP). The DFP chooses students through a holistic process based on their skills rather than law school name or GPA. It then provides students with mentors, and works with employers to give students tools early in their school career to help level the playing field and increase the number of diverse attorneys. Learn more about the DFP and ways to participate in 2022 at www.sdcba.org/dfp.
While mental health is not often discussed, it is a growing concern in the legal field, drawing the attention of
Bhashini Weerasinghe (bw@bhashinilaw.
organizations such as the American Bar Association (ABA) and California Lawyers Association (CLA). According to the
com) is the owner of Law Office of Bhashini
ABA, “61% of attorneys report anxiety issues at some point in their career,” with 28% and 19% reporting mild or higher levels
Diversity Fellowship Program.
of depression and anxiety, respectively.3 These mental health issues have caused an alarming number of attorneys to seek
Weerasinghe, and Director of the SDCBA-ACC
1.
Biles is a two-time Olympian with seven Olympic medals, 25 World Championship medals, and has four moves named after her. https://www.teamusa.org/usa-gymnastics/athletes/simonebiles.
and is thought to be driven by workload, pressure, and a need to compete. 4
2.
Morse and Klosok, “Simone Biles: US Gymnast to Take Part in Tuesday’s Balance Beam Final at Tokyo 2020,” CNN Sports (Aug. 2, 2021) https:// www.cnn.com/2021/08/02/sport/simone-biles-balance-beamolympics-spt-intl/index.html.
Another study showed that “25% of all women contemplated leaving the profession due to mental health concerns, compared to 17% of men.”5 It’s long been documented that for a number of reasons, such as lack of support or interesting case assignments, microaggressions, and micro-inequities, the attrition rates for women of color are much, much higher.6
3.
Bezrutczyk, Destiny, “Alcohol Abuse Among Lawyers and Legal Professionals,” (June 16, 2021), https://www.alcoholrehabguide.org/ resources/alcohol-abuse-lawyers-legal-professionals/.
4.
Id.
5.
Anker and Krill, “Stress, Drink, Leave: An Examination of Gender-Specific
unhealthy coping mechanisms such as problematic drinking (1 in 5), a problem that often starts early in the legal career
Risk Factors for Mental Health Problems and Attrition Among Licensed Attorneys”
(May 12, 2021), https://doi.org/10.1371/journal.pone.0250563.
6. Often associated with this pressure for perfection is imposter syndrome: a phenomenon where an individual feels like a fraud and believes their successes were purely the result of luck. When asked why this syndrome is often associated with women and attorneys of color, Amy Gardner, a certified professional coach, commented, “This is due in part because [of] a lack of representation [that] can make minorities feel
Debra C. Weiss, “Majority of Minority Female Lawyers Consider Leaving Law; ABA Study Explains Why,” ABA Journal (June 22, 2020), https://www.
abajournal.com/news/article/most-minority-female-lawyersconsider-leaving-law-aba-study-explains-why.
7.
“Imposter Syndrome? 8 Tactics to Combat the Anxiety,” Around the ABA, ABA (Oct. 20218), https://www.americanbar.org/news/abanews/ publications/youraba/2018/october-2018/tell-yourself-_yet-and-other-tips-for-overcoming-impostor-syndr/.
8.
Id.
SAN DIEGO LAWYER
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September/October 2021
29
DIVERSITY
THE MEXICAN REPATRIATION By Renée N.G. Stackhouse
I
n the wake of the past year’s racial justice
families and placed in literal cages. Mexicans have
movement, including calls to action from Black
been called “drug dealers, rapists, and criminals”
Lives Matter and Anti-Asian Racism movements,
by the highest authority in our country.
the Latino community has faced its own rise in hate crimes. Memories have arisen of a dark time in U.S.
This is not a large leap from “American jobs for real
history when Mexican nationals and U.S. citizens were
Americans,” which was President Hoover’s slogan
“repatriated” to Mexico after the call to deport them
in the 1930s. What made a “real American”? It may
because they were “lazy,” “criminal,” and it was feared
surprise you that citizenship wasn’t part of the
they were “taking away American jobs.” And I’m not
criteria. It is estimated that anywhere from 350,000
talking about 2015: this was the 1930s and 1940s. It was
to 2,000,000 people were “repatriated” through a
just last year that I learned about the euphemistically
combination of voluntary repatriation, coercion,
named “Mexican Repatriation Program,” so if you
threats, harassment, and deportation. Of those,
haven’t heard of it before, you are not alone. It is a
60% are believed to have been U.S. citizens. Most
little-known (and for many a never-known) chapter of
were children born in the United States who had
American history, and the danger in not knowing our
never been to Mexico, and some did not even speak
history is that we may be doomed to repeat it.
Spanish. Even those adults who were “repatriated” returned to a country they had not seen in years
Almost 100 years later, we are close to repeating
and which was markedly different from what they
offenses for which we are only just beginning to
had known. Many were forced to leave with only
acknowledge, teach, and apologize. Latino hate
the clothes on their backs. Some were lucky to
crimes hit their highest level in 2019 since
be allocated a small number of boxes they were
data began being collected in the early 1990s. 2
allowed to bring.
1
The El Paso massacre shooter posted a statement before his rampage, which killed 23 people, mostly
In 2005, Senator Joe Dunn wrote SB 670, a bill
Latinos, blaming Mexicans for “invading” the United
which would enact the “Apology Act for the
States. A 14-year-old was intentionally run over in
1930s Mexican Repatriation Program.” The bill
Iowa for “looking Mexican.” In California, hate crimes
acknowledged that “massive raids were conducted
against Latinos surged 38% from 2019 to 2020. In the
on Mexican‑American communities, resulting in
last few years, mass deportations were promised
the clandestine removal of thousands of people,
and enacted, and children were separated from their
many of whom were never able to return to the
3
4
30
SAN DIEGO LAWYER
| September/October 2021
DIVERSITY United States, their country of birth,” and that “[a]s a
by Francisco E. Balderrama and Raymond Rodríguez
result of these illegal activities, families were forced
if you are interested in taking a deeper dive into the
to abandon, or were defrauded of, personal and real
personal accounting of those who experienced the
property, which often was sold by local authorities as
Repatriation. As the authors note: “One of the most
‘payment’ for the transportation expenses incurred in
tragic aspects of the movement was the wholesale
their removal from the United States to Mexico.” The
violation of basic human rights.”
result? California apologized, though no reparations apologized for its actions, despite being called to do
“No lloro, pero me acuerdo.” “I don’t cry, but I remember.”
so by Congresswoman Hilda Solis in 2006.
were approved. The U.S. government has still not
— Mexican Proverb
As of 2006, of the nine most commonly used
Renée N.G. Stackhouse (renee@stackhouseapc.com) is the 2021 SDCBA President and is the founder of Stackhouse APC.
American history textbooks in the United States, four did not mention the topic, and only one devoted more than half a page to it. 5 In 2015, Assembly Member Cristina Garcia introduced AB 146, which amended California’s Education Code to include
Footnotes
the teaching of “the unconstitutional deportation to
1.
The 2020 statistics have not been released as of this writing.
Mexico during the Great Depression of citizens and
2.
https://ucr.fbi.gov/hate-crime/2019/topic-pages/incidentsand-offenses
3.
https://www.cnn.com/2020/08/02/us/hate-crimes-latinosel-paso-shooting/index.html
4.
https://fox5sandiego.com/news/california-news/reportcalifornia-hate-crime-up-31-in-2020-led-by-anti-blackbias/
5.
https://usatoday30.usatoday.com/news/education/2006-0404-history-books_x.htm
lawful permanent residents of the United States.” This is an incredibly superficial introduction to the history and deep trauma caused by the Mexican Repatriation of the 1930s. I highly recommend reading Decade of Betrayal: Mexican Repatriation in the 1930s
Local Solutions. Global Reach.
DIVERSITY TRY TO SEE IT MY WAY . . . EXAMPLES OF NATIVE AMERICAN LAW PRACTICE Gabriela Magee and Ted Griswold
I
n addition to mastering federal Indian law and various tribal law systems, representing tribal governments requires understanding and communicating a different perspective from what most judges, businesses, and regulating officials are accustomed to. Communicating the history and condition of our clients is often relevant to our current matters. A recent federal decision for one of our clients is indicative. In Backcountry Against Dumps v. United States Bureau of Indian Affairs (Case No. 3:20-cv-02343-BEN-DEB), a case was filed by reservation neighbors who were trying to negatively affect the Tribe’s fiscal, economic, and sovereign interests, and sought to do so in the Tribe’s absence. If the plaintiffs succeeded in the litigation, the Tribe would lose substantial payments due under a wind lease, eliminating funding for social and government benefits for its Tribal members and well-paying jobs for Tribal members in an area where those jobs are very limited. The Tribe made a special appearance to impress upon the court that their interests were unique and not represented, and as such the case could not proceed without the Tribe. Additionally, as a sovereign government, the Tribe was immune from suit and could not be joined to the suit without waiving that immunity. Consistent with 9th circuit case law, the case should be dismissed. Briefing required convincing the court that plaintiff’s intentions were to paternalistically thwart economic development on the reservation — they had done so repeatedly for over 30 years, as detailed in part by former EPA administrator Dan McGovern’s 1995 book The Campo Landfill War. The court also needed to understand the myriad services the Tribal government provides for its community, including tribal utilities, infrastructure, housing (e.g., rental assistance, home rehabilitation assistance), education (e.g., tuition costs, supplies, and transportation costs), transportation to essential services, elderly and disabled persons programs (e.g., meal assistance, home care, and transportation), child daycare, cultural immersion and involvement (e.g., expenses related to attending and participating in cultural and religious ceremonies), and end-of-life traditions. This is the side of tribal sovereignty that few non-Native people ever see. The Tribe faces great challenges in funding these services and has explored many options, but opportunities have been hindered by its rural location, few marketable resources, poor access to capital, and limited infrastructure.
These concerns have led the tribe to focus its future on the resources that exist on the reservation — nonarable land, sun, wind, and rural location — to pursue economic development. These conditions work very well for a wind farm, and have led to a Tribal Energy Vision plan to pursue an alternative energy future. The District Court took the time to recognize and understand these factors and, concluding that the Tribe’s interests were significantly different from the United States and other parties in the litigation, dismissed the action on August 6, 2021. Sometimes our practice requires communicating the Tribal perspective to larger audiences. In addition to funding their services and programs, tribal governments are actively engaged in protecting and advocating for tribal sovereignty, advancing education and health and wellness among their respective tribal members and communities, and bringing awareness of issues impacting tribal communities. To collaborate on issues of mutual concern and pool limited resources, tribal governments often form intertribal consortia or intertribal organizations. These intertribal entities are an important tool that many tribal governments have utilized to provide their communities with housing, education, and health care, and also to address issues of mutual concern. Procopio represents the California Tribal Chairpersons Association (CTCA), an intertribal consortium consisting of the Southern California Tribal Chairmen’s Association, the Central California Tribal Chairpersons Association, and the Northern California Tribal Chairmens Association. Formed in early 2019, CTCA provides resources to tribal governments, monitors state and federal legislation and policies impacting tribal communities, and uses their statewide platform to communicate tribal perspectives.
Gabriela Magee (gabriela.magee@procopio.com) is an associate with Procopio’s Native American Practice Group.
Ted Griswold (Ted.griswold@procopio.com) is founder of the Procopio Native American Practice Group and leads the firm’s Real Estate and Environmental Practice Team.
SAN DIEGO LAWYER
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September/October 2021
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FOUR FEMALE PRESIDENTS By Holly Amaya
F
our in a row. For the first time in its history, four
Undeterred, Stackhouse ran for president anyway, and won.
successive female presidents have served the San Diego County Bar Association and its members.
Now she is leading a board where 11 of the 19 directors are women. (At the time this article was written, 11 of 19 Directors were women. In September, Marissa Bejarano was appointed as
These women — Kristin Rizzo, Lilys McCoy, Johanna Schiavoni, and Renée N.G. Stackhouse (as shown above) — hail from diverse backgrounds. Their experiences span discrete practice areas. McCoy was the Bar’s first woman to serve as president who is openly lesbian; Stackhouse is only the second Latina to hold the role. And their faces punctuate a virtually uninterrupted cadence of male presidential portraits lining the Bar Center’s walls.
a Superior Court judge and resigned her position on the Board. Thus, the current Board is now 18, with 10 women Directors.) “This should be an everyday thing,” Stackhouse says. “Why isn’t the question for the board ‘Who do we want to lead the organization?’ versus ‘How many women have there been? Maybe it’s time for a man again.’ Let alone making space for a non-binary President.”
“Four consecutive female presidencies at the SDCBA represents a consistency of female leadership at all levels within the organization,” Rizzo said. “Female attorneys have paved the way for many years toward the goal of gender equity in our legal community, and at the SDCBA, female leadership — both at the board level and at the presidential level — has been prevalent for quite a while. With consecutive female presidents year over year since 2018, I am gratified that the path toward gender equity at top levels within the SDCBA is well-paved for future female leaders.” But the groundwork that led to this moment began back in 1985, when Hon. Melinda Lasater, now a Superior Court judge, became the first woman to hold the role. Ten years later, in 1995, Regina Petty was the first Black woman to serve as president.
This succession is certainly a turning point in the Bar’s 122year history. Consider, for example, the experience of former Congresswoman Lynn Schenk, who went on to co-found Lawyers Club after being deterred from joining various SDCBA committees by the then-Bar president. “He said there was already ‘one girl’ on the Bar Board of Directors — wasn’t that enough?!” she said in a 2007 interview. And that experience, according to Schenk, “was really the impetus for us to start Lawyers Club; they didn’t even want our volunteer time.” Change, the Bar’s last four presidents agree, is incremental. As noted previously, in 1985 Hon. Melinda Lasater became the first female SDCBA president. And six years later, three
“When I was president-elect, I stopped by the Bar Center with my then 13-year-old son,” McCoy said. “He walked into the main boardroom, stood in front of the wall of photographs of SDCBA presidents, and studied it. He then turned to me and said, ‘Wow, no women for ... so many years ... until 1985.’ I will never forget that moment.” And for Stackhouse, “When I decided to run for president-elect, some folks cautioned me that there had been a lot of women presidents recently (three) and it might count against me,” she says. “This was usually followed by the sheepish admission that three wasn’t very many — and look at how many men in a row had been presidents.” 36
SAN DIEGO LAWYER
San Diego courts were led by women: the Superior Court by Judge (now Justice) Judith McConnell, the Municipal Court by Judge Patricia Cowett, and the Federal District Court, Southern District of California by Judge Judith Keep. Today, the SDCBA Board of Directors is among the most diverse in the organization’s history — and major advances were made under each of the last four presidents to make that happen. According to Schiavoni, a coterie of members who were involved in local affinity bars in 2016 joined the Board together and made a strategic commitment to advance a diversity and equity agenda at the SDCBA. Diversity, equity, and inclusion
| September/October 2021
(DEI) was a critical part of their campaign — and they acted on
“The work to be more inclusive, transparent, and equitable
it, adopting a diverse speaker policy, and overhauling the Bar’s
should always be a focus of the legal community,” Schiavoni
diversity committee.
says. “It’s tangible and also symbolic that there have been four
“As that has funneled up through the bar association, it’s resulted in multiple tangible policies that we advanced
women in a row — and that should never be the end of the conversation in celebrating those things. It’s a long game.”
and it has created a more positive and welcoming culture
Looking past the “four in a row” marker, Stackhouse reflects
organizationally,” she says. “It has also encouraged people to
on the bigger picture. “Can we do better? We should always
run for the board who otherwise didn’t think it was the place
try,” she says, noting that because ”law students and new
for them.”
lawyers are looking at us, we need to make sure they can see
This year, with Stackhouse as president, the Bar updated and relaunched its Diversity Pledge, an effort designed to
themselves in these positions. That’s the only way we drive the path toward greater equity.”
encourage law firms and organizations to put their proverbial
Holly Amaya is the co-founder and chief operating officer of Story Imprinting, a full-service training and communications firm. Holly has worked in a multitude of fields, including journalism, law, and public relations.
money where their mouths are in terms of recruiting, hiring, and retaining diverse attorneys. And over the past two years, both Stackhouse and Schiavoni led crucial efforts to issue public-facing statements on issues impacting diverse communities, including anti-AAPI violence and the murder of George Floyd.
PAVING THE WAY: A COMPLETE LIST OF THE SDCBA’S FORMER FEMALE PRESIDENTS 2020 — Johanna Schiavoni 2019 — Lilys D. McCoy 2018 — Kristin E. Rizzo 2016 — Heather S. Riley 2013 — Hon. Marcella O. McLaughlin 2009 — Jerrilyn T. Malana 2008 — Heather L. Rosing
2007 — Hon. Jill L. Burkhardt 2000 — Hon. Stephanie Sontag (Ret.) 1998 — Candace M. Carroll 1995 — Regina A. Petty 1994 — Hon. Adrienne A. Orfield (Ret.) 1990 — Virginia C. Nelson 1985 — Hon. Melinda J. Lasater
2022 BOARD OF DIRECTORS ELECTION AT-LARGE CANDIDATES
Learn more about the 2022 Board of Directors candidates here: sdcba.org/boardelections
MICAELA P.
BANACH
NICOLE
HEEDER
GLEN J.
HONIG
REBECCA
KANTER
TATIANA
KLINE
ADRIAN
MARTINEZ
The election will take place online from October 13 through November 12, 2021. All SDCBA attorney members are eligible to vote in the 2022 election.
SPENCER S.
SCOTT
PHILLIP
STEPHAN
CYNTHIA L.
STRATTON
TIMOTHY G.
WILLIAMS
FANNY
YU
SOUTH BAY CANDIDATE
LESLIE LOHELANI
ABRIGO
Voting Closes November 12
THE CONFERENCE ELITE By George W. Brewster Jr.
F
or many years, the San Diego County Bar Association had a conference room named for one of its past presidents, Dan Broderick, who (along with his new wife, Linda) was murdered by his ex–wife. When the bar moved offices to its current location, none of its conference rooms were named after Broderick, or any other individual. (The Madge Bradley Library was also located at the old place.) Instead, the conference rooms are named Cityview and Bayview. There are a handful of San Diego area conference rooms still named for local lawyers and judges, however. This is a look at just a few of them.
Graydon Conference Room Also within the federal complex is a conference room newly named in January 2021 for Betty Marshall Graydon (1891–1974), the first woman to serve as an Assistant United States Attorney (AUSA) in San Diego (1944–1952). In 1930, at the age of 39, Graydon started her legal career in Los Angeles, working first in private practice and then joining the U.S. Attorney’s Office in Los Angeles. At that time, the Southern District included all of LA and San Diego, with AUSAs traveling to San Diego to cover matters in what is now known as the Weinberger Courthouse. The San Diego post became a permanent one in 1943, and Graydon was selected to serve as the sole AUSA in San Diego in 1944.
William B. Enright Conference Room The federal complex downtown is filled with honorable mentions. The Edward J. Schwartz U.S. Courthouse was one of the rare federal buildings named for someone who was still alive at the time of the naming ceremony (the ceremony was in 1975; Schwartz was 63 at the time and passed away in 2000). Most of the other judges predeceased the naming honor — James Carter (1904– 1979), Judith Keep (1944–2004), Jacob Weinberger (1882–1974), and John Rhoades (1925–2007). In the newest federal courthouse (Carter–Keep), the 16th floor conference room is named for the late William Enright (1925–2020, in office as an active District Court Judge 1972–1990, and in senior status 1990–2020). On April 10, 2017, the District Court held a naming ceremony for the conference room, with Judge Enright in attendance. He holds the distinction (as of this date) as having been the longest serving judge in the history of the Southern District. Even late in life he would still attend the court’s Monday meetings. And the view from that room rivals any in San Diego. (See the SDCBA website https://www. sdcba.org/?pg=legendsofthebar for an interview with Judge Enright.) 38
SAN DIEGO LAWYER
| September/October 2021
An Aug. 23, 1945 photograph that ran in the San Diego Journal shows a photo of eight women under the headline “First Meeting of S.D. Portias,” which included, among others, Graydon, Josephine Irving (first female attorney at Gray, Cary), Marie Herney (first female deputy district attorney), and Madge Bradley. The photo caption read, “Legal problems were tossed aside momentarily yesterday for eight charming barristers who met for a luncheon at the first gathering of San Diego women attorneys.” Graydon was appointed as a U.S. Commissioner in 1952, and in 1955 she was named “Woman of the Year.” Bradley, by then Judge Bradley — the first woman judge in San Diego (and for whom a family law building was named in 1995, when she turned 90) and who herself was the 1953 Woman of the Year, spoke at the ceremony. Said Bradley: “It takes courage to undertake the challenge of being outstanding. Each woman must face criticism or praise for everything she does. She must have the courage to be content in her own heart and mind as to the validity of that criticism or praise and live up to what she believes.”
Graydon was forced to retire due to her age (72) in
The founding and its history is a little convoluted — the
1964, whereupon the San Diego Union announced,
school started as the San Diego Chiropractic College
“The brilliant, dramatic 34–year-long career of U.S.
in 1924, but thanks to the efforts of Leland Stanford
Commissioner Betty Marshall Graydon, grand dame of
and others, it was chartered as a private law school in
San Diego’s courts, has ended.”
1927. A series of transformations eventually led to the establishment of Cal Western School of Law (CWSL)
Ian Fan Conference Room/ Erica Gardner Conference Room
in 1975, the same year CWSL alum Erica Gardner was born. The law school broke away from the successor to Balboa University, eventually known as Alliant
Not all conference spaces are named for men or
International University. In Cal West’s downtown
women with legal longevity. Some are named after
building on Cedar Street, on the first floor, there was
those who were well liked, well respected, and taken
once the Dwight Stanford Reading Room. Recently,
too early. Such is the case within the Office of County
it was remodeled into a student center, unnamed. A
Counsel, County of San Diego. In the downtown office,
review of the school’s website (under “history”) reveals
the main conference room is named for Ian Fan, who
only a founding date of 1924, and then a quick skip
died in 1998 from cancer at the age of 49. Fan was
to the 1960s and beyond. It does not mention Dwight
admitted to practice in 1974, and he started his practice
Stanford (1914–2010), who got his degree from Balboa
working with the Legal Aid Society of San Diego.
School of Law in 1936, served as President of Balboa
Thereafter, he worked as an AUSA in LA (like Graydon)
University from 1939–1951, and post–war built it from
for 10 years before joining County Counsel in 1991. One
a small school of law into a progressive, multiple
of the most significant cases involved the ownership
degree university of 600–700 registrants. He worked
of land under the Mt. Helix Cross; his memorial service
to establish the school on a campus in Point Loma, on
was held in the outdoor arena atop Mr. Helix.
land now occupied by Point Loma Nazarene University.
At the Juvenile Dependency Division for the Office of County Counsel, a conference room is named for Erica Gardner (1975–2019), who was admitted to practice in 2002 and began her legal career with stints at the City Attorney’s Office and the Office of the Public Defender. She was a Senior Deputy with County Counsel from 2005 until her death from cancer at the age of 44, leaving behind her husband Mark and three children. She was a graduate of Cal Western School of Law and a member of their Alumni Association Board of Directors. In her honor, Cal Western awards each year the Erica Brown Gardner ’02 Outstanding Alumni award, and there is also a scholarship supported by private donations called the Erica Brown Gardner Advanced Mediation Award given to students excelling in listening and communication skills. She was a strong advocate, great listener, and lit up any room she walked into. Dwight Stanford Reading Room And sometimes, as noted at the beginning of this column, history is fleeting. In 1927, the first law school in San Diego opened, known at first as Balboa Law College (and then Balboa School of Law, and then
The reading room nod to Stanford is gone, and this would no doubt disappoint his brother, Leland, who went on to become the County Law Librarian and noted San Diego legal historian in the ‘50s and ‘60s. (For more on Leland Stanford, see San Diego Lawyer March/April 2009, page 58.) The Stanfords, by the way, were distantly related to California Governor Amasa Leland Stanford, founder of Stanford University, San Diego Leland’s alma mater. There are other spaces of honor around town, some now gone (Cassius Carter Theatre, wherefore art thou?), others newly named. If you know of others, let the San Diego Lawyer know. And I’ll leave you with this quote from Henry Van Dyke (1852–1933), which is found on the plaque dedicated to Ian Fan: “Be glad of life because it gives you the chance to love and to work and to play and to look up at the stars.” Maybe if you play your cards right, and live as Van Dyke suggests, you too will have a conference room named in your honor.
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.
Balboa University). At the time it was the only law school south of Los Angeles.
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Real Estate Panel
is pleased to welcome its newest mediator
Robert J. Hanna, Esq. • 45-year career focusing on real estate, construction and title insurance litigation • Retired, Senior Partner, Best Best & Krieger LLP • Recognized by Best Lawyers in America, San Diego Magazine and Super Lawyers San Diego and Southern California
Don Armento, Doug Barker, Shaun Boss, David Bright, John Edwards and Robert Sunderland are pleased to welcome Robert Hanna 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
APPELLATE PRO BONO? IT’S COME TO SAN DIEGO By Kevin K. Green
B
ecause most Californians cannot afford an attorney at any price in a civil case, pro bono representation has become vital to closing
the justice gap. For lawyers able to donate their time, there are new opportunities in San Diego to assist the court and gain valuable experience representing clients pro bono before the Court of Appeal, Fourth District, Division One. In 2014, local attorneys active in SDCBA collaborated to launch the first local assistance program focusing
Circuit’s popular pro bono program and by thriving appellate pro bono programs in many other states. When the pandemic hit last year, ATAJ was just getting underway. The program was paused but is now reopening its roster of volunteer attorneys. ATAJ accepts applications for pro bono appellate assistance from low-income litigants, and places the qualified cases on a listserv. Counsel then decide for themselves whether to pursue possible representation pro bono. There is no obligation to take any particular case.
on appeals. The Civil Appellate Self-Help Workshop (CASHW) meets monthly to present an overview of the appellate process to state court litigants. CASHW has made great strides, but the program, originally in person and now conducted successfully on Zoom, is solely educational. CASHW volunteer attorneys do not give legal advice and no attorneyclient relationship is created. As a result, selfrepresented parties are better informed, but many still need counsel to present their arguments effectively to the Court of Appeal. To help close this gap, local lawyers collaborated again to launch another program taking appellate
The Court of Appeal recognizes the value of ATAJ and CASHW. In the words of Presiding Justice Judith McConnell: “The San Diego County Bar Association and its appellate practitioners have developed programs to assist self-represented litigants to access justice in the Court of Appeal. The programs are an asset not only to litigants, but also to the court.” She added, “We owe the appellate bar our deep appreciation for their efforts to support and improve our justice system.” Information about ATAJ and CASHW is available at www.appealhelp.org. Please consider joining the ATAJ roster of volunteer attorneys, and/or participating as a monthly volunteer at CASHW.
access to the next level. The Access to Appellate Justice Program (ATAJ), also affiliated with the SDCBA, provides a clearinghouse to help low-income, selfrepresented parties find attorneys willing to handle their appeal pro bono. ATAJ was inspired by the Ninth
Kevin K. Green is a certified appellate specialist (State Bar of California Board of Legal Specialization) with the San Diego office of Hagens Berman Sobol Shapiro LLP (www.hbsslaw.com).
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THANK YOU TO OUR PATRON & FRIEND MEMBERS
FALL UPDATE FROM THE SAN DIEGO LAW LIBRARY
A
s many of you are aware, we closed our physical locations at the in March of 2020 due to the pandemic. We are happy to announce that we re-opened our downtown location to the public this past April. Currently, we are open to the public on a limited basis from 9 a.m. to 3 p.m., Monday through Thursday. We realize that many of our patrons cannot make it downtown during these hours. So, we continue to provide reference assistance via email, telephone, and statewide chat Monday through Friday from 9 a.m. to 5 p.m. To keep the community informed about our services, we have increased our social media presence and have added over 80 new videos to our YouTube channel, which was highlighted in the American Bar Association’s Public Education Newsletter for August. We also continue to update our COVID-19 Legal Issues webpages. These web pages provide much needed information and resources in English and Spanish on important community issues affected by the pandemic. This June the American Association of Law Libraries honored our COVID-19 Legal Issues web pages with the Excellence in Community Engagement Award. Our biggest news is that we are bidding farewell to our director, John Adkins, this fall. John has left an indelible mark on our organization, and after a decade of service, he is happily retiring. His dedication has benefited not only our law library, but all California county law libraries with his tireless advocacy. His mission of providing public access to the law has earned him multiple accolades. John will be honored at this year’s San Diego Law Library Foundation’s Witkin Award Reception on October 14, along with Justice Truc T. Do of the Court of Appeal, Fourth Appellate District; USD Law Professor Robert C. Fellmeth; and Immediate Past President of the SDCBA Johanna Schiavoni, Esq. We hope you will join us to celebrate John and support the law library, and we look forward to assisting you with your legal reference needs.
The SDCBA gratefully acknowledges the generous commitment of members who support our community at the Patron and Friend membership levels. You can become a Patron or Friend member when you activate or renew your membership online, or by request at any time. If you are interested in upgrading, contact mbr@sdcba.org. For more information, please contact our Member Services Department at (619) 231-0781 x3505.
Patron and Friend member lists as of Sept. 22, 2021.
PATRON MEMBERS Marc D. Adelman Doc Anthony Anderson III Mylinh Uy Arnett Jane Allison Austin
Van E. Haynie Matthew C. Hervey Stephen M. Hogan A. Melissa Johnson
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
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
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Mark Kaufman Randall E. Kay Matthew J. Norris Anne Perry Kristi E. Pfister Blanca Quintero Stella Shvil Michael A. Van Horne
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WHY I BELONG FRANCISCO BATARA Men’s Legal Center, Family Law Advocates Areas of practice: Family Law
What initially inspired you to practice law? Growing up, I watched several films, such as My Cousin Vinny, A Few Good Men, and The Firm that gave me inspiration. My father was also a huge inspiration in motivating me toward becoming an attorney. Proudest career moment: My proudest career moment was when I received the bar results after taking the bar examination for the first time. I received the pass email. After many years of struggling as a child, those results were a defining moment of all the hard work, sacrifice, and perseverance that helped guide me. As an attorney, my first trial was a successful outcome: I helped a parent in a difficult situation get the orders he
WHAT TO DO WHEN YOU DECIDE TO GO SOLO By Sabrina Green So you have decided to go solo. Whether you are an experienced attorney or one that is newer to the profession, there are some absolute “musts” that need to be considered. First, are you the type of person suited to go solo? Can you motivate yourself to do what is required every day – even those tasks you don’t want to do?
desired. That was very special to me.
If the answer is yes, then you can switch to the practical
What fills your time outside of work?
can you work and meet clients from home or at a virtual or
I have two young children, ages 6 and 3. They are my motivation. Most of my time is spent with them. However,
collaborative office? Next, what kind of business entity works
I am also a huge sports enthusiast and a big foodie. I love trying new restaurants.
funds you have to invest in your firm. A professional website is
inquiries. Do you need to lease an office or equipment, or
best for you? Other considerations may be based solely on the one of those absolute musts and sets the tone for the brand you are attempting to build for yourself/firm. Likewise, you
“If I weren’t an attorney, I’d be ... ” A sports reporter/
need to make sure you have the absolute necessities: business/
writer. I have always been a huge sports fan. I also thought
IOLTA accounts, strong internet, office telephone line (never
of doing something in social work.
your personal cell), malpractice insurance, laptop, scanner, all
What is your favorite movie, book, or TV show, and why? Game of Thrones is probably my favorite TV show. The fantasy and non-fiction traits allow me to unwind from the stressors of life. Bless Me, Ultima is my all-time favorite book. What one skill has helped you be successful as an attorney, and how could others develop that skill to better their practices? I think being compassionate and understanding are what has helped me in my practice. Family Law can be very emotional. My upbringing, as well as having two children, has helped me understand the emotional issues that most clients are going through during difficult times.
necessary programs and apps inclusive of accounting, and the necessary resources for your area(s) of practice. Once you have the “musts” in place, it’s time to turn your focus to how you actually get clients in your door. If you have the funds for advertising, you’ll need to determine what gives you the best bang for your buck to target your prospective clientele. If funds aren’t available for marketing, this is where your time becomes your greatest asset. Social media is free and a considerable tool to build your practice/brand. Finally, take advantage of your local bar association, which can help with not only forms, templates, and education, but also mentorship, contacts, experience, and visibility in your legal community, all of which can help you and your business thrive and prosper.
What would you most like to be known for? I want to be known as a person who was a hard-worker, who helped others through trying times, and who was dedicated to making a better life for those around me.
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Sabrina Green (sgreen@sglawcorp.com) is a managing partner of Stratton & Green, ALC, and focuses on labor & employment and complex business litigation. She is a member at large of the SDCBA Labor & Employment section.
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. Johanna Schiavoni, SDCBA Immediate Past President, was awarded the 2021 Witkin Award for Excellence in the category The Practice of Law and Community Change Maker. The San Diego Law Library presents its Witkin Awards to honor civic leadership and excellence in legal-related fields. Recent SDCBA Treasurer Marissa A. Bejarano has been appointed to serve as a Judge in the San Diego County Superior Court. Formerly, Bejarano served as a Community Partnership Prosecutor at the San Diego County District Attorney’s Office since 2019, where she also served as a Deputy District Attorney since 2014. She served as a Deputy Attorney General at the California Department of Justice, Office of the Attorney General from 2006 to 2013.
SDCBA Past President Heather Rosing has been named to The Daily Journal’s list of the Top 100 Lawyers in California for 2021. This is the fourth consecutive year Ms. Rosing has been named to this list, highlighting her work with the State Bar of California, her tenure as the first president of the California Lawyers Association, and her leadership of the new California Lawyers Foundation, in addition to her leadership as CEO and President of Klinedinst PC and other notable contributions to the legal community. Daniel Segura has been appointed to serve as a Judge in the San Diego County Superior Court. Prior to this appointment, Segura had served as a Deputy Public Defender at the San Diego County Public Defender’s Office since 1995.
Passings Brad Lovelace, one of PASD’s founding board of directors members, has passed away and will be greatly missed. Brad devoted his practice to trust and estate litigation, and served as the co-chair of the SDCBA’s Trusts and Estates section. He also served as a member of the California State Bar Association’s Conference of Delegates for several years.
Anthony “Tony” Klein passed away and he will be greatly missed. A prominent trial lawyer, Tony specialized in products liability, personal injury, and complex business litigation for over 40 years. He moved from Bakersfield to San Diego over 10 years ago, and is remembered fondly by many.
Robert “Bob” Lynn, a civil rights attorney who founded key business and political organizations in support of San Diego’s LGBTQ+ communities, passed away Sept. 14. at age 82. Bob was very active in the Appellate Practice Section (previously Appellate Court Committee) for many years.
PAOLA VALENCIA PROGRAM & EVENT SPECIALIST
What are your main responsibilities at the Bar? I work in programs and events, so I am responsible to help section leaders organize and make their program ideas come to life. I’ve truly enjoyed working with everyone and learning the ins and outs of what it takes to get an event up and running.
What is your favorite movie and why? Sweeney Todd: The Demon Barber of Fleet Street. Kind of scary now that I admit to it, but I love scary and (sometimes) gory films. The cherry on top is that it’s a musical and stars Johnny Depp! I hope to see the live musical one day.
H ow long have you been working at the Bar? I’ve been here since April 2021, although it feels like I have been here longer!
What’s your favorite quote? “The Earth laughs in flowers.” — Ralph Waldo Emerson
What is your favorite part of your job? Being able to interact with great people who work within the legal community. It is inspiring to see volunteers and staff work together to coordinate beach cleanups, educational programs, and numerous networking events. It is truly a great place to work.
What do you love about San Diego? Everything! I am a San Diego native and love everything about this city. I am constantly exploring new areas, places to eat, and would frequently take trips across the border, pre-COVID of course!
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PHOTO GALLERY
SDCBA/NLD Summer Social 2021
“Here Comes the Sun” After 17 months of waiting, members finally gathered in person for the SDCBA/NLD Summer Social, held at the beautiful Waterfront Park downtown. Around 200 legal community members and friends came down to reunite and enjoy the sunshine. Thanks to all of our event sponsors who made this day possible, especially Premier sponsors Clio, Lawpay, and Lexicon; and Producing sponsors Ahern Insurance Brokerage, CaseyGerry, Klinedinst PC, LRIS, & Westpac Health Partners.
L to R: Teodora Purcell, SDCBA President Renée N.G. Stackhouse, SDCBA Director Brenda Lopez
L to R: Becca Sheldon, Matias Paez
SDCBA members enjoying the sun and each other’s company.
L to R: Ashley Peterson, Sierra Spitzer
L to R: SDCBA Director Marcel Stewart, Anna Romanskaya, Caliph Assagai, NLD Chair Stephanie Atkinson
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L to R: SDCBA Directors Warren Den and Hon. Victor Bianchini, Ret.
2021
THANK YOU 100 PERCENT CLUB 2021 The San Diego County Bar Association wants to thank all of the San Diego law firms, public agencies, and nonprofit legal organizations that have provided SDCBA membership to 100% of their attorneys in 2021. Your commitment to the San Diego legal community is greatly appreciated.
Allen Matkins Leck Gamble Mallory & Natsis LLP Ames Karanjia LLP Antonyan Miranda, LLP Atkinson, Andelson, Loya, Ruud & Romo, APLC Balestreri Potocki & Holmes ALC Beamer, Lauth, Steinley & Bond, LLP Bender & Gritz, APLC Best Best & Krieger, LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bobbitt, Pinckard& Fields, APC Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Burke, Williams & Sorensen LLP Burton Kelley, LLP Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Christensen & Spath LLP Cohelan Khoury & Singer Devaney Pate Morris & Cameron, LLP Dietz, Gilmor & Chazen, APC District Attorney’s Office Donald R. Holben & Associates, APC Driscoll Anderson Reynard LLP Duckor Spradling Metzger & Wynne ALC Dunn DeSantis Walt & Kendrick, LLP Erickson Law Firm APC Farmer Case & Fedor Ferris & Britton, APC Finch, Thornton & Baird, LLP Fischer & Van Thiel, LLP Fisher Phillips LLP Fleischer & Ravreby Fragomen, Del Rey, Bernsen & Loewy, LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys
Goodwin Brown Gross & Lovelace LLP Graham Hollis APC Green Bryant & French, LLP Greene & Roberts LLP Grimm, Vranjes & Greer, LLP Hahn Loeser & Parks, LLP Henderson, Caverly, Pum & Trytten LLP Higgs Fletcher & Mack LLP Hoffman & Forde Hooper, Lundy & Bookman, PC Horton Oberrecht & Kirkpatrick, APC Hughes & Pizzuto, APC Jackson Lewis PC Johnson Fistel LLP Judkins, Glatt & Rich LLP JWB Family Law Kennedy & Souza, APC Klinedinst PC Koeller, Nebeker, Carlson & Haluck, LLP Konoske Akiyama | Brust LLP Kriger Law Firm Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP Mara Law Firm, APLC McCloskey, Waring, Waisman & Drury LLP McDougal, Love, Eckis, Boehmer, Foley, Lyon & Mitchell Miller, Monson, Peshel, Polacek & Hoshaw MoginRubin LLP Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McCabe & Hudson APLC Niddrie | Addams | Fuller | Singh LLP Noonan Lance Boyer & Banach LLP Office of the Public Defender
Office of the San Diego City Attorney Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia Lutz & Dolin PC Pillsbury Winthrop Shaw Pittman LLP Preovolos Lewin, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC Rowe | Mullen LLP San Diego County Counsel San Diego Unified Port District Sandler, Lasry, Laube, Byer & Valdez LLP Schulz Brick & Rogaski Schwartz Semerdjian Cauley & Moot LLP Seltzer|Caplan|McMahon|Vitek ALC Sharif | Faust Lawyers, Ltd. Sheppard, Mullin, Richter & Hampton LLP Shustak Reynolds & Partners, PC Siegel, Moreno & Stettler, APC Smith, Steiner, Vanderpool, APC Solomon, Grindle, Lidstad & Wintringer, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stokes Wagner ALC Sullivan Hill Rez & Engel Sullivan, McGibbons & Associates LLP Tresp, Day & Associates, Inc. Walsh McKean Furcolo LLP Webb Law Group Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes ALC Wingert Grebing Brubaker & Juskie LLP Wirtz Law Witham Mahoney & Abbott, LLP Withers Bergman LLP Wright, L’Estrange & Ergastolo
Statement of Ownership, Management and Circulation (required by 39 U.S.C. 3685). 1. Publication title: San Diego Lawyer. 2. Publication number: 1096-1887. 3. Filing date: 10/1/2021. 4. Issue frequency: Bimonthly. 5. Number of issues published annually: 6. Annual subscription price: $50.00. 7. Complete mailing address of known office of publication: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, San Diego County, CA 92101. 8. Complete mailing address of headquarters or general business office of publisher: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 9. Full names and complete mailing addresses of publisher, editor and managing editor. Publisher: Jill Epstein, 401 West A Street, Suite 1100, San Diego, CA 92101. Editor: Ron Marcus, 401 West A Street, Suite 1100, San Diego, CA 92101. Managing Editor: Ron Marcus, 401 West A Street, Suite 1100, San Diego, CA 92101. 10. Owner: San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. 11. Known bond holders, mortgagees and other security holders owning or holding 1 percent or more of total amount of bonds, mortgages or other securities: None. 12. Tax Status: Has Not Changed During Preceding 12 Months. 13. Publication title: San Diego Lawyer. 14. Issue date for circulation data below: 09/01/2020—08/31/2021. 15. Extent and nature of circulation: Membership/Trade Publication. a. Total no. of copies. Average no. copies each issue during preceding 12 months: 5,611. No. copies of single issue published nearest to filing date: 5,541. b. Paid circulation. (1) Mailed outside-county mail paid subscriptions stated on Form 3541. Average no. copies each issue during preceding 12 months: 175. No. copies of single issue published
nearest to filing date: 138. (2) Mailed in-county paid subscriptions stated on Form 3541. Average number copies each issue during preceding 12 months: 5,556. No. copies of single issue published nearest to filing date: 5,420. (3) Paid distribution outside the mails including sales through dealers and carriers, street vendors, counter sales and other paid distribution outside USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (4) Paid distribution by other mail classes through the USPS. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. c. Total paid distribution. Average no. copies each issue during preceding 12 months: 5,731. No. copies of single issue published nearest to filing date: 5,558. d. Free or nominal-rate distribution. (1) Outside-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (2) In-county copies included on Form 3541. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. (3) Not applicable. (4) Free or nominal-rate distribution outside the mail. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. e. Total free or nominal-rate distribution. Average no. copies each issue during preceding 12 months: 0. No. copies of single issue published nearest to filing date: 0. f. Total distribution. Average no. copies each issue during preceding 12 months: 5,731. No. copies of single issue published nearest to filing date: 5,558. g. Copies
not distributed. Average no. copies each issue during preceding 12 months: 100. No. copies of single issue published nearest to filing date: 100. h. Total. Average no. copies each issue during preceding 12 months: 5,881. No. copies of single issue published nearest to filing date: 5,658. i. Percent paid. Average no. copies each issue during preceding 12 months: 100%. No. copies of single issue published nearest to filing date: 100%. 16. Electronic copy circulation: Not applicable. a. Paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. b. Total paid print copies + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. c. Total print distribution + paid electronic copies. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. d. Percent paid. Average no. copies each issue during preceding 12 months: Not applicable. No. copies of single issue published nearest to filing date: Not applicable. 17. Publication of Statement of Ownership for a general publication is required and will be printed in the 10/2021 issue of this publication. I certify that all information furnished is true and complete.
Jill Epstein, Executive Director, San Diego County Bar Association
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