San Diego Lawyer January/February 2015 by San Diego County Bar Association

JAN/FEB 2015 RENEW YOUR MEMBERSHIP www.sdcba.org/renew

FOCUS FUTURE ON THE

Meet the New Career Development Program Mentors The Referral Rules

PLUS

Inside the New Central Courthouse Let's Discuss: Multi-States, Multi-Rules

CONTENTS

Page

Features 18

How I Practice SDCBA members tell us what makes their practice unique. Featuring Teresa Dietz, Scott Liljegren and Luis Ventura

It's A Different World Out There Ethical traps in multijursdictional practice. By Edward McIntyre

Daring to be Darrows An in-depth look at San Diego's High School Mock Trial Competition. By Renée Galente

Q & A: The New Central Courthouse On technology and more, Hon. Jeffrey Barton discusses what the future holds. By Jeremy Evans

Tax Law – Looking Ahead Possible implications of IBM v. Department of Treasury. By Camille Edwards

Departments

Careers and Mentoring

Mentors in the Spotlight Introducing the SDCBA's new career development program and the mentors who make it possible. Photos by Jason de Alba

Building from Within Cultivating relationships and the key to firm success. By John Morrell

The Referral Rules A few guidelines for professionally handling referrals. By James Crosby

Why I Belong Get to know SDCBA member John Donboli.

President’s Page Professionalism extends beyond the courtroom. By Richard A. Huver

Career Paths Illustrating different roads to success.

Deans Why employers can expect more when hiring attorneys. By Niels Schaumann

Ethics The three keys to avoiding social media pitfalls.

By Elizabeth Blust

By Edward McIntyre

Quick Guide: New Employment Laws What's new for 2015 laws in California. By Stephenie Alexander

By Stephenie Alexander

Tips How to craft a top-notch award submission. By Teresa Warren

The New Perspectives New attorneys share their experiences seeking mentors and offer advice for fellow emerging lawyers.

Journeys How two local lawyers arrived at their unique areas of practice and how their expertise developed overtime.

In-House Perspective Meet Robert Bello, General Counsel for Hughes Marino.

Legal Aid Honors Its Heroes The Legal Aid Society of San Diego celebrates two of its pioneers. By James Mittermiller

Distinctions & Passings Recognitions and passings in our legal community.

Sustaining Members

Photo Gallery Smiling faces at exciting events around town.

By Alidad Vakili

Issue no.1. San Diego Lawyer™ (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is 619-231-0781. The price of an annual subscription to members of the San Diego County Bar Association ($10) is included in their dues. Annual subscriptions to all others, $50. Single-copy price, $10. Periodicals postage paid at San Diego, CA and additional mailing offices. POSTMASTER: Send address changes to San Diego Lawyer, 401 West A Street, Suite 1100, San Diego, CA 92101. Copyright © 2015 by the San Diego County Bar Association. All rights r eserved. Opinions expressed in San Diego Lawyer are those of the author only and are not opinions of the SDCBA or the San Diego Lawyer Committee.

4 SAN DIEGO LAWYER January/February 2015

WHY I BELONG THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION

John Donboli Del Mar Law Group, LLP

Education: San Diego State University (B.S. Psychology 1996); The George Washington University Law School (1999) Area of Practice: Complex civil litigation

Editor Alidad Vakili

Associate Editor Christine Pangan

Editorial Board Proudest career moment: Being complemented by a well-respected former judge of the San Diego Superior Court at a full-day mediation (that successfully resolved) when he stated (in front of my client) that it was some of the finest lawyering he had ever seen. This was back in 2006 on the first case I filed as part of my new firm that I helped form with my law partner Sean Slattery. It reinforced, at just the right time, that I made the right decision to leave the comfort of my big firm job to start my own firm. Family: This November will be my tenth wedding anniversary to my wife Corey. We have two children ages 4 ½ and 2 (and an 11-year old Labradoodle named Peanut). Birthplace: Washington, D.C. Current area of residence: Scripps Ranch in San Diego If I weren’t an attorney, I’d be a screenwriter. I enjoy writing in my spare time and will perhaps someday explore the idea of doing it professionally, many years from now). The best thing about being an attorney is the sense of satisfaction that comes from helping a client in their time of need. Last vacation: Disneyland, last week for the first time with my family. Favorite Web site: cnet.com Hobbies: Boxing, kickboxing and scuba diving.

Stephenie Alexander Walter Araujo Hon. Victor Bianchini (Ret.) Rebecca Blain Elizabeth Blust Adam Brewer George Brewster, Jr. Martin Buchanan Judith Copeland Jim Crosby Elisabeth Donovan Jeremy Evans Renée Galente

Eric Ganci Benita Ghura Hon. William Howatt, Jr. (Ret.) D. Milie Joshi Robert Lynn Steven McDonald Edward McIntyre Jocelyn Neudauer Hon. Leo Papas (Ret.) Don Rez Danwill Schwender David Seto Teresa Warren

Cartoonist George Brewster, Jr.

Photographer Barry Carlton David Seto

SAN DIEGO COUNTY BAR ASSOCIATION

Executive Director Ellen Miller-Sharp

Communications Director Karen Korr

Graphic Designer Attiba Royster

Publications & Communications Specialist Jenna Little

Favorite book: The Odyssey by Homer Favorite musical artist: I don’t have a favorite per se, but I have been listening to a lot of Sam Smith of late. Favorite food: Sushi Why do you belong to the SDCBA? To participate in CLEs and other educational programs and general networking. It really is a wonderful organization. How does your SDCBA membership help keep you connected to the legal community? The monthly calendar is an easy way to stay connected with the local legal community and various events, etc. What makes San Diego’s bar so special/unique? The San Diego bar is special in that its member attorneys are some of the finest and nicest attorneys you will ever meet. I practiced in Los Angeles for the first three years of my career and there is a noticeable – pleasantly noticeable – difference between the two bars. 6 SAN DIEGO LAWYER January/February 2015

401 West A Street, Suite 1100, San Diego, CA 92101 Phone 619-231-0781 E-mail bar@sdcba.org Fax 619-338-0042 Website www.sdcba.org Interested contributors should send brief story outlines to the editor in lieu of unsolicited articles. No one other than the editor is authorized to commission original contributions to San Diego Lawyer™. Send all contributions to above address. San Diego Lawyer™ reserves the right to edit all submissions at its sole discretion. Submission of articles or photographs to San Diego Lawyer™ will be deemed to be authorization and license by the author to reproduce and publish said works within the pages of San Diego Lawyer™, the SDCBA website and social media pages. The opinions expressed by the authors and editors in San Diego Lawyer™ magazine do not necessarily reflect the official position of the San Diego County Bar Association.

FOR INFORMATION ABOUT ADVERTISING, CONTACT THE SDCBA AT (619) 231-0781 OR BAR@SDCBA.ORG

PRESIDENT'S PAGE

BY RICHARD HUVER

Professionalism Extends Beyond the Courtroom This year in San Diego Lawyer, you will read different articles about professionalism and what it means to be a lawyer in our community. Each of us has a responsibility to ensure that our legal community is one in which integrity and professionalism are the norm and not the exception. We are the trusted stewards of the court and the legal system, and we show our respect for the profession by serving at the highest level. Throughout the year, in addition to various feature stories that shine a spotlight on civility, I will use this space in San Diego Lawyer to elicit different viewpoints on professionalism from community leaders and others, and share their thoughts and lessons with you. I look forward to learning along with you the many notable ways we demonstrate professionalism in practice here in San Diego. And what better way for our next generation of lawyers to learn professionalism than from lawyers who are currently practicing? How we each individually treat our office staff, colleagues, opposing counsel, court personnel and judges is behavior that is modeled for others. Here I share a column that was recently published in our e-publication for lawyers in their first four years in practice, For the Record:

elieve it or not, there was a time when the legal profession was held in high esteem. Unfortunately, over the past several decades, the public’s respect for the profession has fallen off sharply. Pull up any public opinion survey today of the highest (and lowest) rated professions and you will find the legal profession lurking dangerously close to the bottom. Is there anything you can to do change the state of public opinion? Yes. In 2014, the California Supreme Court supplemented the new attorney oath with the following sentence: “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity.” The Supreme Court’s action was preceded by the bolstering of numerous local and county-wide codes of professional conduct which encouraged civility and professionalism. These were all in response to a growing chorus of articles, opinion columns, seminars and speeches throughout California and across the country deploring the lack of civility, the decline of professionalism and the beating the legal profession had taken in the court of public opinion. But promises and articles and speeches alone will not make any difference. Any change requires the participation of every lawyer. So what exactly does professionalism mean? The dictionary defines professionalism as: “the conduct, aims, or qualities that characterize or mark a profession or a professional person.” In other words, how a professional

8 SAN DIEGO LAWYER January/February 2015

person should act, whether they are a lawyer, a doctor or an accountant. To me, integrity and civility form the bookends of professionalism. Your own personal integrity in how you conduct yourself, and the depth of your civility, encompass professionalism. Does this mean you must be courteous to the court, even if the judge rules against you? Should you act professionally

Our win-at-all-cost society should not trump the basic principle of treating people with respect. when you are in deposition, even though your opposing counsel (in your opinion) is improperly objecting to your questions? Does professionalism cover your conduct when you are in a mediation, even though you are behind closed doors? The answer, of course, is yes to all of the above. But professionalism does not stop there. If we want to positively impact the public’s perception of attorneys, then we must extend professionalism – integrity and civility – beyond the courtroom, outside the deposition, to our conduct generally. The important part of the new attorney

oath adopted last year are the words “at all times.” Not just when you are “officially” acting in your capacity as a lawyer, but at all times. So your integrity and civility are just as important when you are at the grocery store, or waiting in a long line, or at your child’s sporting event. Everything you do reflects on your profession – and in turn on all attorneys. Do not be confused by the naysayers who claim that professionalism, particularly the part about acting with civility, runs counter to the principles of zealous advocacy on behalf of your client. Our win-at-all-cost society should not trump the basic principle of treating people with respect. You can disagree without being disagreeable. You can zealously represent your client without resorting to unprofessional conduct or personally attacking your opponent or adversary. And for those who suggest that civility is a sign of weakness, I would suggest just the opposite – that someone who is not acting with civility is doing so out of a position of weakness. I would encourage each of you to take up the torch of professionalism. Make it a cornerstone of your reputation so that when you look back on your career, you will be able to say that you did your best to represent the legal profession with the highest level of integrity and civility.

San Diego offers so many options for lawyers along the way, we have just enough space to explore a few.

10,764 SDCBA members attended or attend 228 law

Crawford High School Academy of Law

HIGH SCHOOL

Engage in mentorship and internship programs

COLLEGE

schools across the world.

LAW SCHOOL

63% of members are law

Graduate High School!

students or alumni of

HS HSu

local law schools.

u Attend Law Practice

ATTORNEY AT LAW

F EL

LOWSHI

AT LAW

Get accepted as 1 of 14 fellows employed by 13 firms

• D IV

- SA N D IEG O

• EL

C OU

Welcome to the SDCBA!

25 schools participating in 2015 200+ attorney coach and scorer volunteers Over 400 total partcipants – high school students, and

Development & Marketing Series and Judges’ Orientation Program for New Attorneys Seminars ATTORNEY

Apply for SDCBA Diversity Fellowship

Participate in San Diego County High School Mock Trial Program

GO S AN D IE

CAREER PATHS

A SS

OCI

ATIO

• A SSOCIATION

C OR

Graduate from Law School

volunteer judges, attorneys and courtroom monitors!

FIND YOUR AREA OF PRACTICE Join SDCBA Sections … for free! Over 20 to choose from!

HS HS HS HS

Utilize u Section Listserves Over 4,800 listserve messages sent in 2014

ATTORNEY AT LAW

HANG A SHINGLE

6.8%

of local law school graduates go into solo practice Use Bar Center at 401 member lounge & shared workspace 6,160+ since its opening in 2013 Join LRIS 2,673 average attorney referrals per month!

Bar:

6,614

new CA bar

admittees in 2013

ATTORNEY AT LAW

u BE WHERE YOU BELONG

ATTORNEY AT LAW

MID/LARGE-SIZED FIRM

ATTORNEY AT LAW

PUBLIC PRACTICE ATTORNEY

IN-HOUSE/OTHER

ATTORNEY AT LAW

AT LAW 8.7% of local law

school graduates go into public practice Become Career Development Program Mentor –

9 so far for 2015!

17.4 % of local law

school graduates practice in other types of firms or 51% of local law businesses school graduates ATTORNEY joinAT firms of 2-10 LAW Serve as SDCBA attorneys Section Co-Chair

SMALL FIRM

15.8% of local law school graduates join firms with 11+ attorneys

Join 100% Club

104 law firms in 2015!

Earn CLE credits The SDCBA offers over 300 hours per year!

Build Professional Network Attend all 8 SDCBA Signature Events

Strive to exude professionalism and civility at all times Join a diversity bar association

Over 100 live in-person and over 55 live webcast CLE programs hosted last year Volunteer at SDCBA volunteer events

Run for SDCBA Board of Directors

SUCCESSFUL CAREER

BY NIELS SCHAUMANN

DEANS

Expect More When Hiring Clerks and Attorneys Reasons why employers can be confident in new hires

ou might have noticed that California Western has changed the way we talk with students and employers about ourselves. We’re asking you to “Expect more from a law school,” “Be more than a lawyer,” and “Do more with your law degree.”

to ensure the educational quality of the experience. Through these programs, students gain an average of 720 hours of hands-on legal training during their three years at California Western.

It’s no secret that the focus in legal education has shifted dramatically to “practice-ready” education. Many law schools around the nation are now building experiential programs and talking about clinics and internships.

Given all of this, we’re confident that our graduates are bright and capable. But they are much more, too. They are incredibly hard-working, many overcoming significant odds to even get to law school, much less graduate. Many of our students are the first in their families to attend college or professional school. They balance families and full-time jobs. Some come to law school after deployment overseas. Some overcome extreme health challenges to even walk through the door on their first day.

At California Western, we’ve always had our focus on preparing graduates for practice, but the public hasn’t always known that. We realize that a rigorous academic experience is necessary but not sufficient to make a good lawyer. Attorneys and law offices that have hired our student and graduates recognize their maturity and skill, but outside San Diego we are less well-known. Hence, our new approach. More than Just Three Years of Classwork Employers need new attorneys who can do useful work right away, not spend a year or two doing legal research while learning how to be a “real” lawyer. We expect our students to graduate with more than just the ability to “think like a lawyer,” and we provide a carefully sequenced three-year curriculum that provides the knowledge,

More than Just Smart Students

Niels Schaumann skills, and professionalism they need to get there. In their first year, students combine traditional doctrinal courses with our Legal Skills curriculum, developing the research and writing skills that can make or break a first-year associate. In their second year, they participate in our innovative STEPPS Program, a full-year, required law office simulation, where they are supervised by a practicing member of the San Diego bar. There, they further develop their lawyering skills and their professional identity, with a strong focus on the ethics of law. More than two-thirds of our third-year students participate in our Clinical Internship Program, spending up to 40 hours per week in a law office, working side-by-side with practicing attorneys, with a full-time faculty member supervising

Once they get here, they do so much more than just study. They donate hundreds of hours to nonprofits and community organizations. They start companies. They work with our clinics to free the innocent and provide life-changing legal assistance to local residents. As you prepare for your next hire, I ask you to consider our students and graduates. I am confident that they will more than exceed your expectations. Niels Schaumann is President and Dean of California Western School of Law.

…our graduates are bright and capable. But they are much more, too. They are incredibly hard-working, many overcoming significant odds to even get to law school, much less graduate.

January/February 2015 SAN DIEGO LAWYER 11

BY EDWARD McINT YRE

ETHICS

Socially Savvy Three keys to avoiding social media pitfalls

arah knocked on Macbeth’s door. A young man stood behind her. “Macbeth, you remember my friend, Simon. He’s opening his own office. You helped him with his engagement letter.” “Of course.” Macbeth gestured to chairs in front of his desk. “Please, come in. Simon, how can I help?” “Sarah tells me you’re the ethics guru, sir. She warned that social media raises ethics issues.” “Guru? Nonsense. Let’s just talk.” “Well, my clients – ah, future clients – use social media. . . .” “Of course. You, too, I assume.” “Yes, sir. So, what should I be careful about?” “Three words.” Macbeth ticked off fingers on his left hand. “Competence, confidentiality, candor.” “Sir?” “Let’s take competence.” “Okay.” “We have to know how technology works – whatever kind. More important, its pitfalls. The ABA put it well in the revised comment to its competence rule. Stay abreast of the benefits and risks of technology. That includes social media.” “Kinda broad?” “Necessarily. Technology changes so fast. Especially social media.” “But California’s not an ABA Model Rule state. . . ?” “Very good. We have our own competence rule, 1-110. Principle’s the same.” “How’s that affect my clients?” “Most will likely use multiple platforms. Post all sorts of stuff. For some, it’s a compulsion.” “That’s for sure.” “Competence means, for example, warning them that whatever they post’s fair game. Opposing lawyers will hawk their social media accounts.” “Don’t they know that?” “You’d think so. But many a trial lawyer will tell you a sad tale or six about how

CARTOON BY GEORGE BREWSTER, JR.

quickly they forget. Then get burned.” “Okay, thanks.” “We’re not done. Confidentiality’s next. It means not only that you don’t post anything confidential. You wouldn’t. . . .” “Of course not.” “But we have to remind clients constantly not to post their communications with us.” “Really?” “You’d be surprised how often something you tell a client ends up blasted to the world.” “That happens?” “Sadly so.” “Okay. Candor?” “Sarah mentioned that you hope to be a trial lawyer.” “Yes, sir.” “A most honorable practice. Back to social media.” “You mean a client’s postings?” “Spot on.” “Can I tell a client to get rid of them? Damaging ones, I mean?” “Let’s take it a bite at a time. If a posting is relevant, with discovery requests outstanding. . ..” “Spoliation?” “Perfect. A Virginia lawyer got into serious trouble. A five-year suspension from the discipline authority. More than $500,000 in sanctions from the court.” “Wow!” “An extreme case, but a strong warning nonetheless. Litigation holds?” “I know what they are.” “Good. They cover social media. So, the

same caveat.” “What’s all this mean?” “We face a tension. We can’t countenance evidence spoliation, but we have an ethical duty to advise clients about what they post publicly. How it can affect their case or business deal.” “So how do I address it?” “Well, two recent ethics opinions advise that a lawyer can tell a client to change social media privacy settings. At least limit access. And of course, stop posting anything remotely relevant.” “Okay. . . .” “At the same time, we can’t tell a client to delete relevant content from a social media page.” “I think I get it.” “In addition, candor to the court requires that we respond to discovery requests with relevant content the client posted. Even the bad stuff.” “Candor?” “Ultimately either we or the client will represent to a court that discovery responses are complete.” “Of course. I understand. Not easy, is it?” “No. But it’s the digital world in which we practice.” Editor’s Note The opinions to which Macbeth refers are Pennsylvania Bar Association Opinion 2014300 and Philadelphia Bar Association Opinion 2014-5.

Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA or its Legal Ethics Committee. January/February 2015 SAN DIEGO LAWYER 13

IN-HOUSE PERSPECTIVE

BY ALIDAD VAKILI

Q & A: Robert Bello General Counsel for Hughes Marino

or this issue, I spoke with Robert Bello, General Counsel for Hughes Marino, a commercial real estate firm that specializes in tenant and buyer representation. Besides his friendliness, easy-going personality, and upbeat nature, what struck me most about Rob was the importance he places on core values, ten core values in particular, which are the core values espoused by Hughes Marino. The focus Rob placed on these values was inspiring, so I decided to list them: 1. Always do the right thing. 2. Deliver excellence in everything we do. 3. Enjoy the journey. 4. Embrace the family spirit. 5. Build lasting relationships based on trust. 6. Nurture your personal and professional life. 7. Pursue growth and learning. 8. Generously give to others. 9. Proactively communicate with everyone. 10. Be authentic, grateful, and humble.

These core values are an important part of who Rob is and his emphasis on them and how they have shaped his career are easy to see from speaking with him. If there was an eleventh value, it might be to play baseball. Rob is a consummate baseball fan and played professional baseball in Italy. Although Rob was born in Chicago, his family roots trace back to Bari, a city in the southeast part of Italy. Italy also holds a special place in Rob’s heart, because he met his wife, Erin, there while she was working abroad and he was playing baseball. Erin is the reason Rob eventually moved to San Diego, where they attended law school together. How did you find your way to your current position? My brother-in-law is an attorney and real estate broker in Hughes Marino’s Orange County office (he was previously in San Diego). As a result of his

time. Being in-house you need to be more of a generalist, more so than being in private practice. I have had to broaden my knowledge base, which has been both challenging and exciting.

working here, I got a chance to come to several events, where I met all the amazing team members and owners. From attending those events, I also developed a deep appreciation of the company’s culture, vitality, and bright future. In fact, I always left the events inspired to create or find a similar setting in my own career. When the opening presented itself, my name came up as a possible fit. When they called me and we met, it was a match on many aspects: expertise, skill level, culture, personality, etc. What is something that drives you? Hughes Marino’s core values deeply resonate with and are the same values that really drive me. That was one of the things that made Hughes Marino so appealing. Our leading core value is “Always do the right thing,” which is what I have hanging on my wall and is something I look at every day. It is pretty cool to work for a company that has identified these core values and stands by them every day. For example, we always lead off every team meeting with a review of/discussion about the core values. This is a deep commitment. When you meet Hughes Marino team members you get a sense of that. That was why Hughes Marino was such a good fit for me What would you say is one of the biggest challenges you deal with as in-house counsel? Like almost all in-house counsel, the biggest challenge is trying to balance all the competing needs and demands on my

What do you believe is important for outside counsel to know about your job to better enable them to serve your needs? When we utilize outside counsel, it will usually be for their expertise in a specific subject area or due to a bandwidth issue. I may not have the time to focus on a particular issue. IP is a good example. For IP, we turn to outside counsel for those issues. What advice do you have for young lawyers who are interested in working inhouse? I think one of my favorite quotes is quite appropriate: “Luck is when preparation meets opportunity.” Prepare yourself by developing a strong base in subject areas you think will cross over, such as employment law. For example, almost every company will have a need for someone with knowledge about employment law. Then, it depends on the industry. For us, having experience in real estate and contract law is very beneficial. The majority of work I performed prior to moving in-house involved litigation. Litigation experience teaches you how to write and speak effectively, interact well with other people, negotiate, and evaluate people and scenarios. It can also teach you about what not to do or how to do it better since a lot of litigation flows out of a broken relationship (business, real estate, employment, etc.). And, the other thing is to continue to network with people and build your relationships. Interact with people in the area or type of business you would like to go in-house in. Finally, and most importantly, you need to have some luck by being in the right place when that opportunity intersects with your preparation. Alidad Vakili (alidad.vakili@klgates.com) is Editor of San Diego Lawyer and an attorney with K&L Gates LLP.

Life Notes

Quick Facts

Number of years in practice: 6 Undergrad: Northwestern University, 2002 Law school: Thomas Jefferson School of Law, 2009 Hobbies: Playing competitive baseball, enjoying San Diego’s beaches, eating Italian food, and spending time with my wife and two young children.

Company: Hughes Marino is San Diego’s largest commercial real estate firm that exclusively represents tenants and buyers – never landlords. Hughes Marino specializes in tenant representation, and also offers construction management, lease audit and lease administration services from offices in San Diego, Orange County, Los Angeles, San Francisco and Silicon Valley. Employees: 30 team members in San Diego, and 40 throughout California.

14 SAN DIEGO LAWYER January/February 2015

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To post a job listing or learn about our interview programs, please visit our Career & Professional Development Office at www.cwsl.edu/career

BY TERESA WARREN

TIPS

For the Win How to craft a top-notch award submission

inning awards, and sometimes just being nominated for them, is a great business development tool. Most awards are impressive to potential clients and referral sources, including your peers, but awards are also so much more: they can raise awareness about your areas of expertise, give you credibility and separate you from the other lawyers who also practice in the same areas. Nominations can be quite time consuming…and unfortunately, unbillable…but by following a few tricks of the nomination writing trade, you can considerably increase your chances of winning. • Never be nominated for an award that you are not qualified to win. Typically there are no exceptions to the qualifications and the judges won’t be impressed if you try a "bait and switch" approach. • Start early. Some nominations require detailed facts and figures that can take significant time to compile. Letters of recommendation and endorsements can require advance planning. Review the nomination requirements carefully and allow plenty of time to put together the information. Oftentimes deadlines are extended, but there are no guarantees. • Read the form/criteria thoroughly. Some online forms span multiple pages, and more than one unsuspecting nominee has read the first page only to discover, on the due date, that the form has multiple pages and asks for a lot more information than anticipated. If you can’t scroll through all pages of the form online (as some require a page to be completed before moving on to the next), contact the award sponsor and ask for a complete copy of the form. • Let others say it for you. An award nomination typically means more to a judge when it has been submitted by someone other than the nominee. Don’t be bashful about asking someone else to nominate you, and remember: quid pro quo. One option is to offer to write the nomination yourself and then have your nominator review it, add their two cents and submit the form. • Understand the methodology. Awards can and do have different selection processes. Knowing who the judges are and what they look for in a nomination is essential. If the judging is peer review, then you may want to use legalese and perhaps strategy while laymen will want to understand challenges and results. Laymen may need help understanding the significance of a fact or figure, so include

language that clarifies why going to trial ten times in one year is significant (because many litigators only go to trial once a year, or less frequently). If methodology information isn’t published, call the award sponsor and ask. • Tell a story. Don’t just outline the facts. Pique the judges’ interest by telling a story about what you have done to deserve the award. If you are describing a case, include what led up to the suit, who was involved, why it was important to your client and so on. If talking about your volunteerism, tell a story of someone who you specifically helped and how that made a difference. • Use direct quotes. Let others tell your story. The courts’ decisions are typically chalked full of quotes and testimonials are always impressive. • Use facts and figures. Details such as dollar amounts and effectiveness ratings give a nomination more substance. Saying, “In one year, she completed 40 transactions with a total value of over $1 billion” has much more impact than “She has a large transactional practice.” • Use adjectives and superlatives. No one wins an award for being average. Winners win due to being the best, and the only way the judges will know you are the worthy of the award is by saying so, but don’t be arrogant or over the top. A touch of humility does go a long way. A few things you should not include in your nomination: • Don’t exaggerate. Always be truthful. • Don’t under nominate and don’t assume. Chances are your reputation doesn’t speak for itself, and just submitting your name isn’t going to be enough to win. Take the time to draft a thorough nomination. • Don’t laundry list. It is almost never a good idea to just bullet your accomplishments. (See “Tell a story” in the previous section.) Of course, it is disappointing if you don’t win, but it is okay to try again. Awards selections differ from year to year depending upon who is competing and who is judging. Assess yourself against those who did win. Not only will this give you an idea of whether you are a competitor, but it will also give you some insight as to what to say and how to say it if you are nominated again. You’ll also have another year of experiences to add to your nomination. Teresa Warren (twarren@tw2marketing.com) is president of TW2 Marketing, Inc. January/February 2015 SAN DIEGO LAWYER 17

SCOTT LILJEGREN

TERESA DIETZ

HOW DO YOU

PRACTICE SDCBA members tell us what makes their practice unique. Featuring Teresa Dietz, Scott Liljegren and Luis Ventura Photos by Jason de Alba

18 SAN DIEGO LAWYER January/February 2015

LUIS VENTURA

When and where do you meet clients? At our campus in Kearny Mesa and at the County Administration building on Pacific Highway, in downtown San Diego. When and where do you meet colleagues? At the Workers’ Compensation Appeals Board off of Friars Road, at the San Diego County Bar Association (really enjoy the new facilities), at networking functions and seminars in Southern California. How do you keep up with news and trends in your area of practice? Via Lexis Advance Alerts and Notifications, the Lexis newsletter for Workers’ Compensation, Work Comp Central’s newsletter, the Daily Appellate Report and Headlines. How do you generate new business or gather leads? As an in-house attorney, I bring guest lecturers to my client, and seek methods to perform tasks more efficiently. What Smartphone and/or tablet apps do you use for business when you’re away from your desk? Airwatch, Camera, Internet application to access the Department of Workers’ Compensation and Electronic Adjudication Management Systems, Maps, Passbook, Reminder, Safari and Voice Memos. What is your biggest challenge currently? Representing an employer in a legal system which operates primarily for the benefit of the worker.

TERESA DIETZ Office of County Counsel, County of San Diego

What is the most rewarding thing about your practice? That I am typically able to balance the County’s responsibilities with the needs of the County’s employees and in compliance with the expectations of my client. I am fortunate to have been made part of this stellar team. Each member goes above and beyond on a daily basis. I attribute any success I have at court (which are far and few between for the defense) to the dedication and preparation of the incredible women I work with.

Area of Law: Workers’ compensation Where do you spend most of your time working? County Administration Building/Office of County Counsel on Pacific Highway, in downtown San Diego. What are some everyday tools you use to manage your practice? Laptop/desktop computer; iPhone and tablet. Are there any apps/computer programs/new technologies that you employ regularly? Court Call, Dragon Dictate with Wi-Fi earpiece, internal County applications and software made specifically for the County. What is your go-to device? The iPhone. How do you communicate with your clients primarily? iPhone, text, e-mail, landline and sometimes through my paralegal or secretary.

Teresa and her team, L-R: Shelly Haight, Roni Tibayan, Teresa Dietz, Kim Hughes, Heidi Jhung January/February 2015 SAN DIEGO LAWYER 19

HOW DO YOU

PRACTICE Are there any apps/computer programs/new technologies that you employ regularly? Like most everyone, we scan and save client documents and files. We also use many types of fillable forms and, as mentioned before, we have computerized calendaring systems. Smartphones and other devices and technology have become incredibly useful for all firm employees. Video conferencing is important, too. I have read about some brand new apps/programs that can provide even more streamlined firm management, but we haven't invested in those just yet. What is your go-to device? Smartphone. Clients, staff, other lawyers. All day. How do you communicate with your clients primarily? We ask our clients how they prefer to communicate. Some prefer e-mail only, which is great. Personally? I like to talk. I'm on the Bluetooth with clients every time I drive to court or between offices. When and where do you meet colleagues? Our colleagues are also very busy and running all over the place. We see colleagues in depositions, at the courthouse, at our respective offices, at Bar functions, at CASD events, and – if we're lucky – at Petco Park, Qualcomm Stadium, and the Del Mar racetrack!

SCOTT LILJEGREN Liljegren Law Group Area of law: Personal injury litigation Where do you spend most of your time working? We have several offices throughout San Diego County and Southern California. Every week looks a little different for me. I go to the clients whenever and wherever they need me – so I get a fair amount of windshield time. What are some everyday tools you use to manage your practice? I'm not sitting in front of a desktop computer from 9 to 5 like the old days. We do a lot of business from Smartphones and other devices. Obviously, the other lawyers and I still have to create pleadings and other documents using office computers and all the other traditional forms of office equipment. Calendaring systems with back-up are also essential.

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How do you keep up with news and trends in your area of practice? That's the easiest question so far. Our memberships in the San Diego County Bar Association, the North County Bar Association, and Consumer Attorneys of San Diego are invaluable. The bar associations offer many continuing education opportunities, and the CASD listserve gives instant updates on what's changing and trending in our area of practice. We also use verdict and settlement reporting services to keep our finger on the pulse when it comes to case value ranges in the various jurisdictions. And let's be honest, the legal community in San Diego is the best. Our fellow lawyers are extremely knowledgeable and generous with their time. You don't have to look far for help if you have a question or want to talk about a case or issue. How do you generate new business or gather leads? Many cases are from personal referrals. Over the last ten years, I've helped well over a thousand clients, and I’ve served as President of a large church/school, Chairman of the local YMCA, Chairman of the Chamber of Commerce, Vice President of the Rotary Club, and on a number of other boards. Coaching and sponsoring sports helps too. We also have a really good SEO team that continues to work on our websites and optimize them for the various office locations and sub-specialties. And, of course, lawyers send cases our way, which we greatly appreciate.

HOW DO YOU

PRACTICE What does your physical working space say about the type of lawyer you are? We have multiple offices, and none of them are in a high-rise building in a dense part of a major downtown. In most cases, you hop off the freeway, drive a minute or two, park in our lot, and are greeted on the first floor. We definitely want to keep the offices nice and current, but I don't think clients or guests ever feel intimidated. We hope they think, "My lawyer is just up the road, and I know my lawyer, and I can call my lawyer any time I need help." What is your biggest challenge currently? I think, for any contingency practice, you are always evaluating your staffing. More lawyers? More paralegals? More law clerks? The clients are number one, and their cases must be handled by lawyers â&#x20AC;&#x201C; period. Support staff become so incredibly important to the lawyers as the practice grows. We are very fortunate to have an excellent staff. Any lawyer that owns a contingency fee practice will tell you that revenue is sometimes unpredictable, while office overhead and employee compensation marches on. It can be challenging, but it can also be fascinating and very rewarding if you have good business acumen and keep a close eye on your work load and books. What is the most rewarding thing about your practice? Clients will sometimes shed tears of joy and want to shake my hand or give me a hug. Nothing compares with that. We represent regular people and families, not corporations. We communicate eye-to-eye in conference rooms in California, not through e-mails and faxes to New York City. I am also very happy to create jobs. You start a business and can literally help with mortgages, rent, child care, and put food on the table. Our employees are hard-working and deserve it. You have client families and staff families around all the time. Honestly, what's better than that?

LUIS VENTURA Law Office of Luis E. Ventura Areas of law: Owners association law, primarily homeowners associations but commercial owners associations, as well. Owners association law exists at that magical crossroad of corporate law and real estate. I also advise attorneys on issues of legal ethics, i.e., advertisement review, conflict of interest issues, fee disputes, issues with clients and so forth. Where do you spend most of your time working? At the office. What are some everyday tools you use to manage your practice? Just the basics, really: MS Outlook, Word, etc. As a sole-practitioner, I am not keeping track of a team of lawyers and their various cases, calendars, etc., so I have the luxury of not having to spend a great deal on software and such. Are there any apps/computer programs/new technologies that you employ regularly? Nothing new or earth-shattering, and I do not intend to wear Google Glass into the courtroom. (That latter phrase is a joke, by the way.) January/February 2015 SAN DIEGO LAWYER 21

HOW DO YOU

PRACTICE What is your go-to device? Call me old school, if you like, but it is the desktop. For me, nothing is as comfortable as being at the desk with a large standard keyboard and a decent size screen. How do you communicate with your clients primarily? Like everyone else, email is king, but perhaps more than most, I enjoy using the telephone. What would otherwise be a number of exchanges via email can often be addressed with the immediate back and forth of a telephone conversation. Whatever needs to be memorialized can be addressed shortly thereafter. Also, one can often be a more successful communicator with the most basic aspect of the telephone — audio. The tone of one’s speech is often a significant aspect of communication whether with a difficult opposing attorney or, as is sometimes the case in my practice, with a difficult homeowner who has an issue with his/ her association. A phone call can also avoid a lot of the silliness that comes with attorneys firing letters back and forth. One hears of lawyers exchanging various letters in a single day over an issue that can often be addressed in a few minutes on the phone. When and where do you meet clients? Normally, wherever my association-client’s board of directors meets. This ranges from the offices of a professional community management firm, to a board member’s office, to someone’s condo unit or home, and even at the poolside. With attorney clients, I normally meet at their offices. When and where do you meet colleagues? Normally, either at the Bar Center for meetings, such as the Legal Ethics Committee meetings, or out and about town over a meal to talk shop, when appropriate, and to exchange ideas. How do you keep up with news and trends in your area of practice? I find regular contact with others who practice in my field to be of great value. How do you generate new business or gather leads? By this point in time (20 years of practice), the work pretty much generates itself from existing clients and from referrals from colleagues. How do you market your practice? I do not do any active marketing, and there are no mass-produced pens with my name on them. What smartphone and/or tablet apps do you use for business when you’re away from your desk? Primarily LogMeIn to remotely access my office desktop. GoogleApps allows me to see email via the Smartphone. What does your physical working space say about the type of lawyer you are? From the aviation décor and such, that I am a lawyer who thinks

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he was supposed to have been a pilot. Setting that aside, it hopefully gets across that I attempt to always keep my feet on the ground. (Yes, pun intended.) I am not for making things look flashy or higher-end in some attempt to impress clients. Both lawyers and clients should care a lot more about substance than appearance. What is your biggest challenge currently? Some of my collection matters. With the real estate crash of several years ago, many owners stopped paying their association assessments (dues). Many of those matters have been addressed, but there are still a number of them where the owners were foreclosed on, and we obtained judgments or are still seeking judgments and collection. Some of these are truly hard-luck stories, and, because of this, they can be a bit difficult to handle from a human perspective. However, if owners do not ignore the debt and cooperate in a timely fashion, most associations are willing to consider long-term payment plans and even reductions in the amount owed to ease the process. What is the most rewarding thing about your practice? Reaching resolutions without need of litigation. To be sure, some matters are going to end up in litigation because of the nature of the dispute and/or because of the personalities involved. However, an attorney skilled at dealing with people, especially the difficult ones, can often work a meaningful resolution from seemingly irresolvable circumstances. That kind of lawyer is of greatest benefit to his/her client, and that is the kind of attorney I always attempt to be.

It's A Different World Out There Ethical traps in multijurisdictional practice By Edward McIntyre

isa, a San Diego lawyer, represented her California client in a civil trial in the federal district court in Arizona. To do so, she was admitted pro hac vice. Her plaintiff client won a substantial verdict. A principal factor in his victory was a series of damning emails between him and the defendant corporation’s CEO. Her client testified that he had recovered them from an old hard drive. The CEO testified that he had never even seen the emails. But the corporation had had server failures in the past and could not establish what emails the CEO had sent or received during the years in question. Its expert could not establish whether the emails had been sent or not. The jury obviously accepted Lisa’s client’s version of events. Toward the end of a celebratory post-trial dinner, Lisa’s client became expansive. “I’m going to do you the biggest favor of your career.” “You mean pay my bill?” “That, too. But much better.” “Really?” “What did you think of the emails?” “Devastating. You heard the post-verdict jury interviews. Why?” “I’ll let you in on a little secret. Ever need something like that in another trial, just let me know.” “What!” “You heard me. Those guys did me in. I just needed tangible proof. So I made some.” “You bastard! You manufactured evidence? And then testified about it?” Lisa’s client just smiled. She threw her napkin on the table and stormed out of the restaurant. Lisa’s problems were only beginning. The next day her client sent her a real email: “When I hired you, you volunteered that whatever I told you was confidential. Forever. Don’t do anything stupid!” California’s State Bar Act and Rules of Professional Conduct mandate that Lisa “maintain inviolate the confidence, and at every peril to … herself to preserve the secrets, of … her client.” Section 6068(e)

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(1) admits no exception. No matter how repugnant her client’s conduct, she feels her lips are sealed. But when Lisa applied for pro hac vice admission to the Arizona court, she said under oath that she would abide by its local rules. Lisa hadn’t paid much attention at the time. She did now. Local Rule 83.2(e) adopts Arizona’s Rules of Professional Conduct, including for lawyers admitted pro hac vice. She scrambled to find Arizona’s ethics rules. Arizona’s Rule 3.3(a)(3) and (b) tracks the ABA Model Rule. It requires a lawyer who learns that her client has testified falsely or engaged in fraudulent conduct in a proceeding to take “reasonable remedial measures, including, if necessary, disclosure to the tribunal.” The rule specifically includes information that Arizona’s client confidentiality mandate, Rule 1.6, would otherwise protect. What now? She knows her client won’t correct his misconduct. She’ll withdraw but that won’t solve the problem. California has no equivalent to the Arizona rule; indeed, section 6068(e)(1) and Rule 3-100 mandate silence – as she, perhaps unwittingly, promised her client. Add to the mix, California Rule 1-100(D); it says that California’s rules govern California lawyers in and outside the state, “except as members lawfully practicing outside this state may be specifically required by a jurisdiction in which they are practicing to follow rules of professional conduct different from these rules.”

Does “except” and “specifically required” mean Lisa must follow Arizona’s rule? Tell the judge what happened? Take her chances if her client sues her in California? Reports her to the State Bar? Why hadn’t she at least looked at the Arizona rules before she opened her mouth? Any safe solution? Not really. No California authority addresses this conflict – seemingly irreconcilable. Yet every other state and the District of Columbia have adopted some version of the Model Rules. Countless California lawyers practice, at least pro hac vice, in those jurisdictions, where some ethics rules are very different. Rule 3.3 is but one example. Edward McIntyre (edwardmcintyre1789@gmail. com) is an attorney at law.

LET'S DISCUSS Have you ever found yourself in a similar situation? How have conflicting state rules affected your work? We want to hear about it! Share your stories, thoughts or comments with us on social media using the hashtag #SDLEthics.

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MEET YOUR NEW MENTORS Introducing the new Career Development Program and the mentors who make it possible Introduction by Lilys McCoy, SDCBA Career Development Program Co-Chair Photos by Jason de Alba

“Who will mentor the mentors?” That is one of the primary questions we have asked ourselves as we have begun to restructure the mentoring program at the SDCBA. So often, professionals view mentoring as unidirectional—where the veteran member of the profession dispenses hard-earned advice and knowledge to the newer member of the profession, who absorbs it. Yet, everyone needs mentoring. Even the most seasoned among us has questions about the way to approach new situations and new opportunities. Thus, the SDCBA, in partnership with The San Diego La Raza Lawyers Association, has begun a new era in mentoring. Recasting the mentoring program as a community for all lawyers, regardless of where they are in their career, we began with a new name, “The Career Development Program.”

Our vision is that this new program will be one where rich and meaningful mentoring relationships are developed that benefit all involved regardless of where they are in their career. A key feature of the Career Development Program is that it will provide support to the mentors as they undertake the important work of transmitting their wisdom, values, and knowledge to less experienced attorneys. Through providing the mentors with a suggested curriculum and materials, as well as logistical support, they will be able to focus on the best part of the mentoring relationship: the camaraderie, teaching, and learning. Meet the initial group of leaders who will be taking time away from their practices this year in order to help develop our future leaders.

Career Development: Mentor Spotlight

lawyers down the hall. The meaning of civility and professionalism: It is our responsibility to protect the law and the justice system, which are under attack – and probably always will be. If we don’t serve as ambassadors, demonstrating the highest traditions of the law, we only aid those attacking the justice system. Favorite quote about success: “It’s 10% inspiration, 90% perspiration.” Thomas Edison

Randall Christison Litigation Mentor

Christison Law Firm Law School: Santa Clara University

Why are you excited to mentor? It’s our chance to pass on the higher traditions of the law and to help newer lawyers in learning about how to be a professional. How did your mentor help shape you professionally? Norman Peek (Los Angeles) was my first boss. An uncompromising, top-level lawyer, he taught me how to be a lawyer – in all aspects of what it means to be a professional, especially integrity. Hon. Jeffrey T. Miller (San Diego) was my second mentor, and he also was trained by Norm Peek. Always prepared, always a gentleman; he personifies the ultimate of what a professional should be. Best professional advice ever received: It takes decades to build your reputation, a minute to lose it, so never compromise your professionalism. Advice for new lawyers and law students: Maybe three elevator speeches: (1) Prepare and over prepare, especially the first time you try something new, whether it’s a motion, a trial, a research project, or anything else. The second time will be easier. (2) Never stop learning, and don’t limit that to the law, but extend it to every field. Learning science, mathematics, social science, etc., for all will come into play in your practice (and you’ll find the time spent pays off when your opponent has not done that work). (3) Your purpose as a lawyer is to provide the highest level independent professional judgment for your client. Without that, you’re just a technician. Best resources for your area of practice: First, hit the books in your field. Second, associate with the lawyers in your field, whether a specialty bar, a county bar section, or those

Jodi Cleesattle

Public Entity Law Mentor California Office of the Attorney General Law School: Washington College of Law, American University Why are you excited to mentor? I’m always excited about meeting with law students and newer lawyers and hearing their views on the profession. They share some of the familiar anxieties and challenges that we all faced as newer lawyers, and they also usually have interesting new takes on law school and lawyering. Having practiced law for 21 years now, I enjoy sharing with younger lawyers some of the lessons I’ve learned along the way. The mentoring circles concept is great because it will expose both the newer and more senior lawyers to a variety of viewpoints. How did your mentor help shape you professionally? My first mentor was a partner in the law firm where I worked prior to joining the Attorney General’s Office. I started in the Washington, D.C. office of that firm, and my unofficial mentor was a partner named Wallace Christensen, who just recently retired. I enjoyed working with Wally because he gave me responsibility for cases early, trusting me to develop the case strategy and run the cases. Even better, when I made mistakes, he allowed me to fix them and showed me that he still had confidence in my abilities. Wally was an excellent litigator with a terrific sense of humor, and I learned by his example to enjoy the practice of law. January/February 2015 SAN DIEGO LAWYER 27

Career Development: Mentor Spotlight

Best professional advice ever received: Do what makes you happy. We all have to pay the bills, but, for the long run, it’s worth it to find a job that you truly enjoy. This means finding a practice area you enjoy; a practice type you enjoy, such as litigation, transactional or consulting; and the type of work setting you enjoy – such as small or large firm, solo, in-house, nonprofit, government agency, or academia. When all these come together, and when you work with a group of people you like and respect, you have a job that can and should make you happy. Advice for new lawyers and law students: I would tell them to find the type of work that makes them happy, but I would also tell them to find, if they can, work that has meaning. If you have a choice in the cases your office handles, take the good cases, not just the ones that look like they could be easy money. Handle your bread-and-butter cases, but devote a little time to some pro bono cases, too. When you’re at a point in your career where you have control over the kind of work you do, do good. Be realistic in determining whether a case has merit or is frivolous, whether the client was truly wronged or not, whether the issue is something for the legal system to resolve or not. Best resources for your area of practice: As an employment lawyer and litigator, I frequently use practice guides on employment law and civil trial practice, and I read case summaries provided by the California State Bar’s Labor & Employment Law Section and other sources. My biggest resource, though, is the digital brief bank I have developed over time, with samples of everything from motions to mediation briefs. I save copies of my own work and samples I have requested from colleagues in Microsoft Word folders labeled by subject matter and type of work. Here, I can find sample discovery requests and responses, discovery motions, outlines for different types of depositions, summary judgment motions addressing issues common in my practice, motions in limine, and more. The meaning of civility and professionalism: Being mindful of civility and professionalism is a matter of following one simple rule – don’t be that guy. If you have a choice between being cooperative and being a jerk, be cooperative. If opposing counsel requests an extension of time or other small favor that won’t harm your client’s interests, grant it. If opposing counsel goes for bluster and nastiness in depositions, go for sweetness and smiles (and a steely gaze). You can be a zealous, and successful, advocate without being a jerk. Favorite quote about success: This is only sort of indirectly about success, but my favorite quote is “Well behaved women rarely make history.” To make history, or to achieve important goals, sometimes you have to break away from what is expected of you to do what is right for you, or what you think is right for the greater good. This quote is a particular favorite for me as a woman because, even today, women are often expected to keep quiet and are judged more harshly than men for expressing their opinions or offering ideas.

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Alex Landon

Criminal Law Mentor Law Office of Alex Landon Law School: University of San Diego School of Law Why are you excited to mentor? Any opportunity to impact new attorneys to make them competent practitioners and participating members of the local legal community is rewarding. This program appears to achieve that goal. How did your mentors help shape you professionally? I had two mentors. Charles Garry was like my grandfather in the law, and Lou Katz was like my father in the law. Charlie taught me a great deal about the legal history in California and always had good advice about how to practice. He was creative and always encouraged others to provide competent services to our clients. Lou was always available to discuss cases and to make suggestions on how to handle problems in a case. He encouraged me to do the best possible job for my clients. He also had a commitment to the representation of indigent clients and shared that commitment with me. Best professional advice ever received: It is difficult to narrow the areas of advice down to one piece of advice. I believe that the recommendation that one needs to take care of himself or herself in order to be able to provide for his or her clients is very important. I also believe that your reputation in the community is essential to being an effective advocate for your clients. Advice for new lawyers and law students: See answer to advice I have received above. Also keeping perspective and an open mind is important. Best resources for your area of practice: There are many resources of which I take advantage. In San Diego we have two excellent Criminal Defense organizations

Career Development: Mentor Spotlight

which provide for continuing legal education and sharing advice. California Attorneys for Criminal Justice and The California Public Defenders Association are also two statewide organizations which provide great training and resources for criminal defense attorneys. Finally the National Association of Criminal Defense Lawyers is also an important source of information and training on a national level. The meaning of civility and professionalism: It is important to be professional at all times. One cannot be effective on behalf of his/her clients unless he/she maintain a high degree of civility and professionalism. Favorite quote about success: “If at first you don’t succeed, try, try, again.”

appeared at oral argument and obtained complete reversal of the order granting the defendant’s anti-SLAPP motion in 1998. That is how I got into anti-SLAPP law. In 1994, there was only one published California anti-SLAPP case. Best professional advice ever received: Richard Huver gave a seminar for Consumer Attorneys of San Diego in 2001 when I had just joined that group. I recall him saying that filing civil lawsuits are not just about principle, they are about recovering money for a legally injured party – not to teach someone a lesson or shakedown a settlement (i.e. does the lawsuit make economic sense for the parties, the court system, the taxpayers, and the lawyers and is it meritorious). Miles Grant taught me early on in my practice that a million dollar judgement is worthless if you cannot collect. Finally, another mentor told me to read the L.A. Daily Journal everyday. Advice for new lawyers and law students: First, find yourself a good mentor to work for either with a firm or on a contract basis. Volunteer at Legal Aid Society of San Diego or other pro bono/public interest law clinics. Network with other attorneys. Take as many CLE courses in areas of law that interest you. Read the L.A. Daily Journal everyday

James Moneer Litigation Mentor

Law Office of James J. Moneer Law School: University of San Diego School of Law

Why are you excited to mentor? At this point in my career, I want to give back to the new lawyers in the profession and guide and mentor them the way Marc Adelman and Ross Simmons. did when I had just passed the bar in 1995 and unwittingly began working for a fraudulent law firm. I had suspicions and called Marc after three weeks of working there. He helped me navigate the ethical, legal, and potential criminal issues involved in the ensuing state bar and criminal investigations. How did your mentors help shape you professionally? Aside from Marc Adelman, my practice mentor was Daniel Koller, who is practicing in Oregon now. He is an administrative law and defamation specialist. I began working with him in 1994 as a law clerk before I passed the bar and continued with him for seven years after. I learned about the value of being meticulous and putting together quality work. I handled my first anti-SLAPP/ defamation case for a plaintiff with him in 1994, drafted the briefs,

Best resources for your area of practice: In anti-SLAPP law, there are a number of anti-SLAPP CLE programs out there that cover the basics. The SDCBA gives a comprehensive anti-SLAPP seminar and outline every so-often with a panel of judges and attorneys, including myself. There may be one this summer. Articles in L.A. Daily Journal and the Daily Appellate Report covering anti-SLAPP and related cases. Westlaw is probably your best tool for anti-SLAPP research as there are now over 600 published anti-SLAPP decisions in California alone, including federal courts. There also at least 30 other states with anti-SLAPP statutes and a developing body of case law. The meaning of civility and professionalism: Civility means to always be respectful of opposing counsel and parties even during and after contentious matters. Cooperate with extensions and the like where it does not prejudice your client. Always maintain courtroom decorum and respect for all judicial officers and their staff. Professionalism means to be competent, diligent, and timely handling your cases, respectfully dealing with your clients, and always adhering to the highest ethical standards by putting your client’s interests above your own. Favorite quote about success: “Success is not merely getting what you want but wanting what you get.”

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Career Development: Mentor Spotlight

Richard Rodriguez Litigation Mentor

Law Offices of Richard B. Rodriguez Law School: University of San Diego School of Law

Why are you excited to mentor? It is an opportunity to provide practical guidance to young lawyers. How did your mentor help shape you professionally? My first mentor was District Court Judge Jeffrey T. Miller when he was Chief of the Tort section of the California State Attorney General’s Office in San Diego. Best professional advice ever received: Judge Miller’s advice on practical lawyering combined with ethics and a passion for law provided me with inspirational guidance. Advice for new lawyers and law students: You can never be too prepared on your case. Always be realistic with your clients. Be very careful to never give them false expectations regarding their case. This must be done in a professional and tactical way. You must communicate with them in a professional and tactical manner. Best resources for your area of practice: I think the Internet listserves in the various areas I practice are one of the best resources of information available. Attorneys post problems that they have on a particular case and receive realistic input from other members of the listserve. The meaning of civility and professionalism: Practically speaking this means litigating the issues and making sure you stick to the issue without taking things personally or making them personal. Remember your opponent is another professional doing his job just like you’re doing yours. Favorite quote about success: “Do not be afraid to shoot for the stars even though you might hit the gutter.” 30 SAN DIEGO LAWYER January/February 2015

Philip Shapiro

Civil and Criminal Law Mentor Law Office of Philip A. Shapiro Law School: Western State/Thomas Jefferson School of Law

Why are you excited to mentor? It is a tough time for new lawyers. Advice as to how to open and run a practice is not taught in law school. How did your mentor help shape you professionally? 30 years ago, San Diego had a terrific Bench/Bar association. It was less formal and I talked to many judges. Best professional advice ever received: “You can’t have a fish dinner ‘til you catch the fish.” In other words, we are in a person business. You have to be able to convince a prospective client that you will do everything you can to successfully resolve their issues. Advice for new lawyers and law students: Forget computers and cell phones. Meet people, shake hands, pass out business cards, follow up! Best resources for your area of practice: Law school contacts, MCLE seminars, join and be active with lawyer groups. The meaning of civility and professionalism: I am very proud of my “A-V” rating and AVVO “10.” These show that other lawyers, judges and clients consider you honest and knowledgeable. Favorite quote about success: “Try not to become a man of success, but rather try to become a man of value.” Albert Einstein

Career Development: Mentor Spotlight

dignity and class. This professionalism extends not only to your clients and the courts, but also to opposing counsel and your adversaries. Favorite quote about success: “Some people dream of success, while others wake up and work hard at it.” FYI: Karin and Michael are former law partners and are pairing-up as a mentor team.

Karin Sherr

Employment and Business Litigation Mentor Thomas Jefferson School of Law Law School: Washington & Lee University School of Law

Why are you excited to mentor? I am excited to work with young lawyers and prospective lawyers who are interested in serving San Diego’s legal market. San Diego has very diverse legal needs and is a terrific place to practice law. I am proud to help welcome members into the legal community and hope my personal experience can help others fulfill their goals. How did your mentors help shape you professionally? I have had the privilege of working with many wonderful legal professionals in my career with the U.S. District Court; Paul Hastings LLP; Paul, Plevin, Sullivan & Connaughton LLP; and Thomas Jefferson School of Law. At each phase in my career, my mentors helped shape my practice and professional path with insights from their own careers and encouraged my personal growth as I found my own niche. Best professional advice ever received: The best professional advice I have received is to find a practice area you are passionate about and stick with it. It took me a while to decide, but once I chose employment law I never looked back. Advice for new lawyers and law students: Own your projects. Whatever assignment is given to you or whatever task needs to be completed, take ownership of it and do the best job you can. Best resources for your area of practice: Other attorneys who are willing to share their experiences. The meaning of civility and professionalism: To me that means you need to be respectful and professional in your practice. In a profession that is wrought with adversarialism, competition, and winning, it is important to remember to act with

Michael Sullivan

Employment and Business Litigation Mentor Paul, Plevin, Sullivan & Connaughton LLP Law School: University of California, Berkeley

Why are you excited to mentor? Because helping others to learn from and avoid our mistakes gives meaning to our own experiences. How did your mentor help shape you professionally? While I had many individuals who significantly influenced my career, my primary mentor was Bob Bell. Bob was a partner in Gray Cary’s labor and employment department and one of the leaders of the firm. In the course of working with Bob on many cases, he taught me to think creatively, with the client’s desired goals always mind. I also observed and learned from his impeccable ethics and integrity in the practice of law. In addition, I benefitted from a “peer mentor,” a fellow associate who was two years ahead of me in navigating the path of learning to be a lawyer. That mentor was Bill Sailor, who modeled for me the work ethic and client focused approach necessary to excel as an attorney. I owe both of those mentors a great deal. Best professional advice ever received: That our primary task as lawyers is not to dispense legal advice, or even to deliver specified legal services, but is to use our experience and professional skills to solve our clients’ problems and make their lives easier. Clients don’t come to us for legal tutorials, but to have us help them solve their problems. January/February 2015 SAN DIEGO LAWYER 31

Career Development: Mentor Spotlight

Advice for new lawyers and law students: Relax. Give your best and most consistent effort to solve your clients’ problems but, at the end of the day, find an appropriate way to turn off (or at least turn down) the stress of the day and relax. If not, the stress of the practice can eat you up and leave you less able to be a creative problem solver. Best resources for your area of practice: Your colleagues and friends. In litigating employment cases it is important to think broadly about approaches and solutions. It is imperative that you anticipate how different people in a jury, or different judges, may view your case. Because almost every juror has their own employment experiences, they view cases through a more developed lens than may exist for other types of cases. As a result, it is critical to have a diverse group of colleagues and friends to help you anticipate the perspective of your most important audiences. The meaning of civility and professionalism: Within the constraint of always pursuing your client’s best interests, it is simply the Golden Rule – treating others as you would want them to treat you. Favorite quote about success: “Success comes from knowing that you did your best to become the best that you are capable of becoming.” John Wooden

How did your mentors help shape you professionally? Sid Stutz hired me for my first job and provided tremendous insight into the practice of law, ethics and civility. I still use lessons learned from Bob Templeton and Robert Titus in my practice – every day. I have passed several of those on to the associates I work with now. I learned much more from Bob Closson and Scott Bonesteel about insurance coverage and trial practice than I realized at the time. Best professional advice ever received: If you cannot enjoy a drink with your opposing counsel, you are doing it wrong. Fierce advocacy for your client is never personal as to your opposing counsel (from Sid Stutz). Advice for new lawyers and law students: Be civil. Hearing “it’s been a pleasure working with you” from opposing counsel may be one of the highest compliments you will ever receive. Best resources for your area of practice: The wisdom of the elder statesmen/women beats anything in any book or online. The meaning of civility and professionalism: It is never personal – fiercely advocating for your client never requires a personal attack on opposing counsel, or anyone else. You must not set your humanity (or your faith) aside to be a successful lawyer. I now work in the same office with at least ten attorneys who have been opposing counsel on cases – it is a very small community and what you do now will ripple through the rest of your career.

Want to Get Involved? The SDCBA is accepting applications for both seasoned attorney mentors and new attorney mentees who would like to be a part of this special opportunity.

Ian Williamson

Business and Litigation Mentor Gordon & Rees, LLP Law School: University of San Diego School of Law

Why are you excited to mentor? Mentoring is one of my favorite parts of my job. I think that law schools do not provide essential tools and tips. I have been blessed with some great mentors and always appreciate the opportunity to pay it forward. 32 SAN DIEGO LAWYER January/February 2015

Learn how you can participate in the Career Development Program at

www.sdcba.org/careerdevelopment.

Building Relationships from Within Cultivating relationships and the key to firm success By John Morrell Managing Partner with Higgs, Fletcher & Mack, LLP

admit that it’s been a while since I went to law school. I’m pretty confident, though, when I say that none of my law courses ever covered client hand-holding and new business development. I, like everyone else, was taught the areas of critical thinking, logic, research and other disciplines important to practice law. Law school never formally taught client “care and feeding” responsibilities. Yet, as a young attorney, with help, I quickly discovered that being a good lawyer meant more than just a keen understanding of case law, statutes and procedures. Those were all things expected of anyone licensed to practice law. Early in my career I realized that I needed to develop my own source of clients. I observed that lawyers with productive and prosperous practices were as much strategic business advisors as they were legal counsel to their clients. Thankfully, my law firm had some terrific senior partners that took their personal time to nurture me. We did not call it then, but it is what we refer to now as, mentoring. We now know that mentoring is a very important function, particularly in professional firms. It is through mentoring that new lawyers pick up skill building and client development awareness. My mentors were exceptional human beings. They were civic leaders and they were most gracious and generous to me with their time and experience. In those days clients were also different. Clients allowed young lawyers the

opportunity to run with their matters with the oversight of partners. That is how I, and many others, learned. Thankfully, I was given a broad opportunity to learn through experience. However, today’s highly competitive legal market, combined with increasing risk and costs to clients, doesn’t afford new lawyers the same on-the-job experience opportunities. It’s for these reasons law firms should embrace professional and business development training of their associates. Firms need to execute formal programs designed to accelerate practice building and client development responsibilities for young lawyers. We have done so at my firm. We show our attorneys – and by extension our entire firm – how to build sustainable and recurring practices through the development of meaningful relationships with clients and prospects. Frankly, law is no different from any other professional service industry. This is done by teaching attorneys the basic tenets of providing clients with value. This includes introduction to ancillary relationships; solution selling; serving clients’ needs from their perspective; and being accountable. Our young lawyers learn that clients need action plans where outcomes are predictable and favorable. Doing so showcases the expertise and value of our lawyers and gives our clients exposure to our firm’s first-class operation and capabilities.

investment in younger lawyers. For starters, it affords the law firm greater productivity and revenue but also talent retention increases dramatically. It is dangerous for a firm to rely solely on its senior partners to originate or control all the firm’s clients. Arming younger lawyers with skills and opportunity to cultivate relationships broadens the firm’s entire client base and revenue production and allows the younger attorney to create some level of equity in their individual practice. Expanding these skills also helps diversify the firm’s client base. When attorneys are trained in relationship selling, they drive more business from new sources. This avoids concentrated revenue streams. This provides lawyers and the firm greater stability and growth opportunities. These are all business attributes of increasing importance as the competition among law firms for the best talent and clients continues to rise. No longer can law firms just expect associates to figure it out on their own. Moreover, clients will not tolerate onthe-job training. That responsibility is now shared with their employer, and it’s something we’ve taken to heart at our firm. It’s also one that, when invested properly, provides exponential benefits to the lawyers individually and collectively to the firm. John Morrell (morrell@higgslaw.com) is Managing Partner with Higgs Fletcher & Mack, LLP.

There are additional benefits from this

Arming younger lawyers with skills and opportunity to cultivate relationships broadens the firm’s entire client base and revenue production and allows the younger attorney to create some level of equity in their individual practice. January/February 2015 SAN DIEGO LAWYER 33

The Referral Rules A few guidelines for professionally handling referrals By James Crosby

eferrals are the lifeblood of law practices – they are the “coin of the realm” for most attorneys. There are attorneys with large loyal clients providing cases year after year. But, for most attorneys, it’s not 20 cases from one client, it's 20 cases from 20 different referral sources. Yet, despite the significance of referrals as a source of business, attorneys often mishandle referrals and torch referral sources. So, as a public service to the “referral-source-torchers” out there, I offer “The Referral Rules!” 1. Provide Something Valuable In Return For The Referral Referrals are great to receive. They will make your day, and sometimes can make your year. But, they are not a gift! They are one side of a business deal. Something of value should be – in fact, must be – given in return. Usually, that will be cross-referrals. Or, often, a referral fee. But, I think an additional, and more basic, quid pro quo is the reputational value a successful referral can bring to the referring attorney’s practice. When one performs well on a referred case, that good performance enhances, in the eyes of the client and other attorneys, the referring attorney’s stature and practice. That can be quite valuable. The value provided for a referral must also be real and not just a promise. All of us have had the experience of referring a case to an attorney and hearing absolutely nothing in response, or referring a few cases to an attorney over a period of time and receiving nothing in return. Referrals are valuable not only to the receiving attorney but also to the referring attorney. Referring out cases with no return on those referrals can reach a point where it is just bad business – a squandering of valuable business assets. When discussing referrals with a referral source, be clear about what you can give in return. If your practices are such that you will not be able to cross-refer cases, so say, and discuss other ways you can provide value to the referring attorneys practice. Referrals are not gifts. They are deals with risks and benefits flowing to both sides. Treat them as such.

34 SAN DIEGO LAWYER January/February 2015

2. Do Stellar Work On The Referral

6. Don’t Steal The Client

This seems obvious – a given. But, it is important to note that referrals present as much risk as they do opportunity. The old adage is: “Get a good result, your client will tell ten people – screw up and get a bad result, your client will tell 100 people.” The same can be said for attorneys. You screw up a referral and the client complains back to the referring attorney, you will likely get no more work from that attorney. You will also get no work from her partner, her firm or her 250 attorney friends. Do good work.

I have saved for last what I think is the most important of The Referral Rules – don’t steal the referred client. Many times, the referred client is a client of the referring attorney for other matters. The client is being referred because of a conflict or because the referring attorney does not handle the referred type of work – for example, an estate planner sending a long-time client to a business litigator, or a securities lawyer sending a client to an employment lawyer. But, the client remains a client of the referring attorney on other matters. Once the referral is made and the client gets under your roof, it can be tempting for you or somebody else in your office to make a run at the client for other work. Don’t do it! There is nothing worse than sending your litigation client to a business lawyer on some transactional matter only to find in your e-mail a month later a substitution of attorney in the ongoing litigation signed by your previously-happy client in favor of the business lawyer’s litigation partner. And then you learn the business lawyer’s litigation partner bad-mouthed your otherwise fine work and good strategy on the case for a month leading to the substitution. I think implicit in any referral is the promise the receiving attorney will hand the happy, well-represented, client back to the referring attorney at the end of the matter. While it may be tempting to nab the client for other work, in most all circumstances, the referral relationship is worth much more in the long run. And, you will be able to look the referring attorney in the eye and buy him a drink at the next Bar function, instead of avoiding him and leaving early.

3. Keep the Referring Attorney Apprised This is a matter of professional courtesy, and good business. The referring attorney wants to know the matter is being handled. The referral can be just as important to his practice as it is to yours. Privilege and other tactical considerations may preclude in-depth updates. But, an occasional call or email generally advising of progress in the referred case is a must. 4. How About “Thank You?” This seems a no-brainer too. But, how many times have you referred a matter and it seemingly disappears into the ether? No response, no call, no nothing. Show some appreciation for the referral. Pick up the phone and say thanks; send him a handwritten note; buy a lunch; send a bottle of wine; do something to show appreciation. These kinds of small gestures are increasingly rare in our fast-paced business. And, the rarer they become, the more effective they can be to solidify a potentially lucrative referral relationship. 5. Don’t Dump Your Problem Cases Or NonPaying Clients Through Referrals We all have cases that go bad, and clients that don’t pay as promptly as we might like, or at all. And there may be remedies – such as withdrawal – available to address such cases. Or, there may not be. But, it should not be a solution to dump them on somebody else through referrals. At the very least, when you do so, tell the attorney what is coming if they take the case. Fair warning upon referral of a troubled case or problem client is another must.

Those are “The Referral Rules” as I see them. Referrals are valuable. And, healthy, professional, mutually-beneficial, referral relationships are something special – something to seek out, foster and grow. Handled well, they can sustain and grow a practice. Handled poorly, they can do much harm. Word travels fast, good and bad. Follow these simple rules. You will build successful referral relationships and avoid the damage of soiled ones. James Crosby (jcrosby@hcesq.com) is a partner with Henderson, Caverly, Pum & Charney.

The New Perspectives New attorneys share their mentee experiences and offer advice for fellow emerging lawyers By Elizabeth Blust

Gerbasi pointed out that not all mentors are created equal. “Ditch them if they are not helpful right away or you do not connect with them; you have to feel comfortable asking the stupidest of questions to that person.

Elizabeth Gerbasi, a 2010 law school graduate, receives mentorship through the SDCBA’s formal programs as well as through the LRIS Modest Means program.

Edwin Schwartz, another 2013 graduate, encourages new attorneys to seek mentors, either formally or informally, but to remember not to take advantage of their mentor’s time. He spoke highly of his mentors through the Consumer Attorneys of San Diego. “They are generous with

entors come in all shapes and sizes, from formal programs such as the San Diego County Bar Association’s new Career Development Program or programs within firms to casual connections between newer attorneys and their more experienced colleagues. Several attorneys shared their thoughts on their mentoring experiences, both good and bad.

“I've had 2-3 fabulous mentors take me out to lunch, answer any emails or questions I have quickly, and tell me to call them anytime,” Gerbasi said. “I appreciate when they talk to me like a brand new attorney or lay person, and do not assume I know much about the topic – even if I do. One of them even gave me helpful checklists and forms to start building my estate planning and family law practice. “ Some new attorneys opt for more casual mentoring relationships. One such attorney is Ashley Negrette, a 2013 graduate, is one of them. “I haven't been officially set up with a ‘mentor,’ Negrette says, “but most attorneys here in San Diego are very friendly and helpful.” Negrette collaborates with her fellow attorneys to “share advice, templates, successes and failures” and considers “anyone who knows more than [she does]” to be a mentor. “I found these people through relationship building – volunteering, previous workplaces, contract work and through law school friends,” Negrette says. “One piece of advice I would offer to someone looking for a mentor is do not put all your eggs in one basket. Each relationship has something unique to offer, whether it’s substantive legal advice in one specific area, or business advice for growing your practice. By having multiple points of contact for different areas, you can build your network while learning from a wide array of perspectives.” An attorney since 1994, Merrianne Dean mentors many new attorneys, both casually and through formal programs. “I think new attorneys who participate in these programs generally do so as part of an active plan to improve their own skills and expand their practices. One thing I think the new attorneys I’ve mentored do particularly well is recognize that a law practice is a business, and must be run like one. Improving their legal skills is only one part of the equation for building a successful practice.”

“Also, do not assume the mentor is always correct! Do your own fact checking and confirm with your own eyes.”

…do not put all your eggs in one basket. Each relationship has something unique to offer… you can build your network while learning from a wide array of perspectives.

their time because I don’t abuse it,” Schwartz said. “I do my research first, then call my mentor if I can’t find what I think I’m looking for, or if I’ve found something but I don’t understand it.” Schwartz and this author have developed mentoring relationships with helpful attorneys who have responded to their posts on attorney listserves. No matter the source of the mentor, establishing relationships with experienced attorneys is a valuable way for new attorneys to build confidence and skills, and ultimately to serve their clients more effectively. Elizabeth Blust (egblust@gmail.com) is a solo practitioner.

January/February 2015 SAN DIEGO LAWYER 35

Journeys: Discovering a New Path How two attorneys' professional experiences shifted over time By Stephenie Alexander

Traditionally, if you are a practicing attorney, you are either in the courtroom litigating cases or negotiating and drafting complex transactional matters. If you are serving as general counsel for a company, you may be handling both. For those lawyers looking for a non-traditional legal career, however, it may be challenging to find successful employment alternatives. In this article, two San Diego based attorneys share their experience and insight on their respective non-traditional paths in the legal profession.

Deborah McCarthy Assistant County Counsel and Former United States Foreign Service Officer

eborah McCarthy did not begin her legal career in litigation. It was during McCarthyâ&#x20AC;&#x2122;s undergraduate education as a political science major that she learned of the opportunity to work in the United States Foreign Service (USFS). As the idea of living abroad excited her, McCarthy applied to take the entrance exam for the USFS during her second year of law school at the University of San Diego, School of Law. Almost a year after graduating law school in 1981, McCarthy was appointed by the United States Senate to the USFS as a Foreign Service Officer and cloaked with diplomatic immunity in the performance of her duties. This was no small feat. Out of 10,000 Foreign Service employees, less than one third (3,000) were Foreign Service Officers. Shortly after appointment, McCarthy was assigned to work in Tel Aviv, Israel. She spent her initial assignment in Washington, D.C., six months of which was spent learning Hebrew. McCarthy left for the United States Embassy in Tel Aviv in August of 1983 where she remained until 1985.

36 SAN DIEGO LAWYER January/February 2015

Because the Tel Aviv Embassy was understaffed, McCarthy was able to do and see more than some of her counterparts at other embassies. During her first six months, McCarthy worked in the Visa Section of the Embassy interviewing an average of 50 visa applicants daily. She spent the next six months assigned to Citizen Services where she assisted stranded Americans, families of deceased Americans in returning their loved ones to the United States, visited Americans incarcerated in Israel and supervised voting in U.S. elections by citizens living abroad. In her next assignment, McCarthy worked as a political reporting officer and was assigned to cover Israeli relations with West Africa. In this assignment she met regularly with Foreign Ministry officials and West African diplomats assigned to Tel Aviv. McCarthy then transitioned to her next role as Staff Aide to the U.S. Ambassador where she drafted correspondence and prepared daily reports of events and developments in Tel Aviv. During her time as a Political Officer, McCarthy had a two week assignment in Cairo. The Egyptian/

Israeli border reopened for the first time in many years and she was sent to Egypt to observe conditions of travel for those leaving and entering Israel. McCarthy also served as the control officer for several congressional delegations and cabinet officer visits to Israel. This experience allowed her the opportunity to observe first-hand the interactions between foreign diplomats. While in Israel, McCarthy met her husband who was also on assignment. Both McCarthy and her husband were subsequently reassigned to Washington, D.C., where she worked at the Office of Citizen Services for two years on a wide variety of matters which included the adjudication of citizenship cases. In those cases, McCarthy adjudicated cases involving individuals attempting to establish citizenship in the United States because their official paperwork was lost of destroyed or no longer available because their country of origin no long existed. Working in the Office of Citizen Services also entailed serving as a liaison between embassies and families of American citizens abroad. In this

capacity, McCarthy received reports from embassies oversees concerning terrorist activities or natural disasters/emergencies and communicated with the families of affected American citizens abroad. McCarthy recalls serving as a liaison during a large-scale natural disaster in the Mexico City. With a magnitude of 8.5 on the Richter scale, the Mexico City earthquake in 1985 resulted in at least 10,000 deaths of Mexican nationals. McCarthy also served on the Achille Lauro response team which involved the hijacking of an Italian cruise ship by members of the Palestine Liberation Front. During the hijacking, U.S. citizen Leon Klinghoffer was

murdered by the hijackers. In her final three years at the USFS, McCarthy was assigned to the Office of International Conferences where she was responsible for staffing and determining eligibility of United States delegates to participate in international conferences to ensure the United States was represented by delegations that would best serve United States policy objectives. Originally from San Diego, McCarthy returned with her family in 1990 and transitioned into private practice. Although she knew it would be difficult to find employment in the private sector since she

spent the previous 8 ½ years in the USFS, McCarthy was ready to return to the practice of law. During her first three years in private practice, McCarthy worked at an insurance defense firm and then moved to the County Counsel’s office in 1994. Since joining the Office of County Counsel, McCarthy worked her way up to Chief Deputy in 1996 and then to Assistant County Counsel in 2011. McCarthy has tried approximately 22 cases on behalf of San Diego County. Now serving as the Assistant County Counsel, McCarthy manages an interesting mix of litigation files and enjoys the work life balance and comradery at the County Counsel’s office.

Denise Hummel Human Capital Principal at Ernst & Young

enise Hummel’s story of success relative to a unique legal career path serves as a source of inspiration for those interested in the law and a desire for a non-traditional career path. A graduate of Columbia University, Barnard College, with a B.A. in Psychology, Hummel went on to law school at American University, Washington College of Law in 1987. Hummel’s legal career catapulted in the early 1990s after successfully trying an ADA class action lawsuit in New York City representing over 200,000 plaintiffs. The success of the class action awarded Hummel the distinction of being named one of the top 20 young attorneys in the United States by the American Bar Association. With her experience, interest in civil rights and diversity issues, and success as a litigator, Hummel shifted her focus to commercial law and international corporate mergers and acquisitions (M&A). She began working as the General Counsel of the Overseas Education Association (OEA) stationed in London with a jurisdiction of Western Europe, Bermuda and Cuba. Following her work with the OEA, Hummel joined the private sector and began to identify patterns in the successes and failures of international transactions and business relationships based on cross-cultural differences in communication. Hummel has no shortage of examples of cross-cultural

miscommunications. While strategic analysis of cross-cultural differences are often quite complex, Hummel described one very basic cross-cultural communication disconnect in an M&A setting between an American and Japanese stakeholder and how subtle differences can impact a business result. She explained that in Japanese culture, it is unusual for people to say “no” and that Japanese negotiators will typically use other verbal cues such as “we will study it” in order to communicate “no.” To an American stakeholder unfamiliar with Japanese culture and communication styles, they may take the statement “I will study it” to mean the proposal or deal is still moving forward, when in reality there is no acquiescence to the contractual terms being negotiated. Various non-verbal communications may also be used as tactics at the negotiation table. For instance, in the Chinese culture, people are very comfortable with silence whereas many Americans are not. In Hummel’s experience, many Chinese business people study cultural differences and clearly understand the discomfort some cultures have with silence and are able to successfully utilize uncomfortable silences at the table. They can therefore leverage that knowledge to their advantage, leaving some Western professionals puzzled by the pace of discussion and what it means in terms of the over-all progression of the negotiation. Another significant difference between

Asian and Western cultures, generally, is the focus on the “how” as opposed to the “what.” In many Asian cultures, the formality, respect and rapport with a business partner is much more significant than dotting an “i” or crossing a “t.” Whereas in the American culture, attorneys are focused on the terms and precise language of a contract relying on those terms to be precise for maximum enforcement, rather relying on the nature of the relationship between the parties as paramount to successful enforcement. Moreover, cross-cultural differences in negotiating international transactions are underscored by the fact that more than half the world does not rely on the legal system as the primary method of resolving disputes. In other countries, based on the inefficiency of some legal systems or the adversity of utilizing the system, stakeholders opt for informal resolution or resolution sponsored by an objective and trusted intermediary. This is in stark contrast with the U.S. system, where many rely upon the legal system to obtain protection and achieve compensation for perceived wrongs. After developing a strong interest in these types of cross-cultural/diversity issues that often arise in an M&A setting, Hummel made a complete shift in her career path. She took a brief hiatus while her children were young and when she was ready to return, had to decide whether to return to litigation or to start a new path in her legal

January/February 2015 SAN DIEGO LAWYER 37

Journeys: Continued career. Hummel moved with her family to Italy in 2004 to provide her children with a one-year cross-cultural experience while she examined her options. At the end of that year, her family was not ready to return to the United States and their extended stay in Italy forced Hummel to bring the framework for a business model in cross-cultural issues to life. To Hummel, developing this framework while in Italy was a pinnacle cross-cultural theme coming to life in a dramatic way. Hummel focused on developing a business framework that would result in cross-cultural competency for companies across the board in all their strategies, decisions and interactions. Seeing this competency as underutilized, Hummel knew her clients would gain a competitive advantage to analyze and assess issues that were going to help them on a global scale. She called this proprietary intellectual property the Business Model of Intercultural Analysis [BMIA™] and soft launched a cross-cultural business while still in Italy. After several client successes with Whirlpool Europe and the Province of Lombardy, she returned home in 2007 for the American launch of her start-up, Universal Consensus, LLC. By 2014, Ernst & Young LLP

had acquired that company, where Hummel now serves as a senior partner in the firm’s Human Capital practice, leading its Culture & Communications division. In her “spare time,” Hummel authored the book Speak Milk. Drink Wine: Becoming a Global Citizen in which she shared lessons learned in becoming a global citizen through her life in Italy. While the book is anecdotal, it provides an interesting backdrop for lessons learned and the inspiration it provided to her business. When asked why she decided to allow the business she founded to be acquired, she shared that after examining multiple growth strategies and understanding it would require significant resources to scale her business to the level she knew was possible, Hummel determined that acquisition by one of the “Big Four” consulting firms was the quickest road to global success. Hummel knew one of the critical factors prior to any venture with a Big Four firm would be to find a firm that aligned with Universal Consensus’ vision. The appeal of Ernst & Young LLP (EY) for Hummel was that EY had the operational resources and structure that fostered growth, while maintaining a profound entrepreneurial spirit.

For Hummel, EY’s stated purpose of building a better working world epitomized this shared vision that not only improves global business results for discrete clients, but benefits the global economy as a whole by focusing on cross-cultural competence, which opens the door to global business throughout the world. As a Human Capital Principal and leader of EY’s Culture & Communications Practice based in San Diego, Hummel and EY are launching the BMIA™ as a global solution serving companies in over 700 countries. Hummel credits joining forces with EY as an incredible validation of the importance of the blend of cross-cultural and legal work she envisioned as an entrepreneur and innovator. More importantly, Hummel now gets to achieve the same success on behalf of her clients at EY but with a larger global reach. The paths of Deborah McCarthy and Denise Hummel are great examples of how lawyers can merge their passion for the law with personal interests to pave the way for a successful non-traditional legal career. Stephenie Alexander (alexander@ claroconsultingservices.com) is an attorney with Claro Consulting Services.

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DARING TO BE DARROWS San Diego High School Mock Trial Competition By Renée Galente

n 1980 the Constitutional Rights Foundation, a non-profit, nonpartisan, organization dedicated to educating America’s young people about the importance of civic participation in a democratic society, introduced its Mock Trial program to all the counties in California. High schools compete within each participating county to send a champion to the State Competition. In 1984, the program expanded to send state champions to a national competition. The program helps students acquire a working knowledge of our judicial system, develop analytical abilities and communication skills, and gain an understanding of their obligations and responsibilities as participating members of society. In a brief overview, participating schools receive a criminal fact pattern each fall, in the September/October time frame. The students then work for up to six months with a teacher coach and one or two attorney coaches in learning about the judicial branch, the courtroom, the trial

40 SAN DIEGO LAWYER January/February 2015

process and develop both a prosecution and defense team that competes the next year in February/March. San Diego County again became a participating county in 2007, with five participating schools competing for the title of San Diego County High School Mock Trial Champions. A prior run at sustaining a countywide program failed. By 2010, the renewed program was up to twelve participating schools. The following year, Superior Court of California, County of San Diego Judge Yvonne E. Campos volunteered and presided over one of the trials. “I was excited by the kids and the entire program,” she recalls, “and I stayed for the finals.” During the competition she ran into a friend whose child was participating. Judge Campos heard the parent’s feedback, and had her own, which she took to Julie Myres, the Court’s Community Outreach Program Manager who was overseeing the program together with Michelle Chavez at the San Diego County Bar Association. One thing led to another and in short order Judge Campos was asked to co-chair

the Bench/Bar Project, a partnership of the SDCBA and the San Diego Superior Court, with Judge Linda Quinn (Ret.). For Judge Campos, accepting the position was an easy decision. “When I was in high school,” she said, “I was able to do a lot of things because of opportunities provided by people in the community. It was time to pay it forward.” For Judge Quinn (Ret.), when the opportunity came up to help out on the committee, she had no hesitation. “I got involved in the High School Mock Trial program judging the trials about eight years ago. I had helped out with many law school mock trials over the decades, but never saw such commitment, enthusiasm and joy as I did with the high-schoolers,” she said. The Committee aimed to: 1) stabilize funding as budgets shifted and 2) grow the program allowing for more student participation. Addressing funding, Judge Campos noted that “it was a huge priority to try to keep this program in place as an important part of the Court’s community outreach.” The two co-chairs were determined to keep the program going and had the unwavering support of the Presiding Judge, first Judge Robert Trentacosta and later Judge David Danielsen. Adding to that challenge was that public school systems were also facing massive cutbacks, to the point where San Diego Unified was even contemplating cutting extracurricular activities including athletics. In order to be sustained, the program first needed to be established as relevant and needed to be able to completely cover its own costs. The small fee paid by schools for their participation goes primarily to the Constitutional Rights Foundation, leaving certain costs each year in order to run the program ranging from bottles of water for the participants, to awards, to the cost of after hours security. These costs are paid for through donations earmarked for the Mock Trial Program through the San Diego Justice Foundation, a 501 (c)

(3) dedicated to improving and advancing the administration of justice by assisting programs of the Superior Court of California in and for the County of San Diego. As a result, Judge Quinn (Ret.)’s work on the committee was, and continues to be, instrumental since judges cannot fundraise. Judge Quinn, as a retired judge and attorney representative on the committee, was able to bring in outside support for the program, reaching out to bar organizations and other sources to help keep the program running. The next step was to stabilize the program. To do so, Judge Campos and Judge Quinn (Ret.) attended state finals on their own time to learn from them and see what they needed to provide local competitors to have as good a chance as anyone else to go to the state competition and succeed. They also focused on one of the most difficult aspects of the competition: the scoring. Feedback since the inception of

scanner scoring program purchased through donations now allows for rapid and accurate calculations after each round of competition. Once stabilized, the committee also worked to grow the competition. “We got a lot of feedback from the coaches and so we had a number of goals,” said Judge Campos. The first was to increase participation. Some growth occurs through word of mouth in the community. One school, for instance, had its students approach the administration asking to join after seeing their friends compete and wanting to be able to compete with, and against, them. They heard about the program via social media. Other growth is cultivated. In order to make sure that the program is accessible to all interested schools, those schools that cannot afford the entry fee to participate may seek to have it waived. Many schools also fundraise through bake sales and car washes in order to participate. In 2014, the San Diego Mock Trial

prepare, 179 attorney scorers volunteered, and 60 courtroom monitors including JusticeCorps students, law students and paralegals, made sure that everything went smoothly in the courtrooms. 2015 will have 25 participating schools from all over the county. “The more we make it available to schools throughout the entire county, the more the entire county’s population is able to participate. From high-end prep schools to continuation schools, the beauty of the High School Mock Trial program is that everyone participating is on the same journey. Everyone learns. Everyone gets better. Everyone gets more polished,” said Judge Campos. Another goal was to bring the competition up-to-date. This year marks several advances in the administration of the competition, really bringing it to the next level. Deputy District Attorney Jim Koerber acts as in-house webmaster for the committee’s first dedicated website

Last year 51 state and federal trial judges and commissioners presided over 53 trials, 68 attorney coaches helped the teams prepare, 179 attorney scorers volunteered, and 60 courtroom monitors including JusticeCorps students, law students and paralegals, made sure that everything went smoothly in the courtrooms. the program strongly demanded open and transparent scoring of the competition versus a subjective decision as to who is “winning.” For just this reason, the aid of Magistrate Judge David Bartick was enrolled to spearhead standardizing the attorney scoring aspect of the competition. Magistrate Judge Bartick self-describes as being passionate about the Mock Trial program, having personally seen how it can instill confidence and self-esteem in the students, literally changing their lives. With his leadership, the committee worked to make sure volunteer attorney scorers are trained on criteria and standards and strives to ensure that there is no appearance of impropriety or favoritism at the competition. “Because everyone puts so much time and energy into this competition, we want them to know that we’ve worked to make it as objective as possible,” said Judge Campos. An optical

High School program increased to 26 participating schools from all corners of the county. 2014 also saw the implementation of something the participants had asked for: four rounds of competition, thus enabling each team to compete twice for prosecution and twice for defense. While four rounds is physically demanding and exhausting for the participants and the volunteers, the students revel in the opportunity to go twice, and having the opportunity to employ what they learned from their first round in the second. But the ability to continue providing four rounds depends on significant volunteerism. In San Diego all the trials are presided over by judicial officers, which is not the case in many counties and something of which San Diego should be proud. Last year 51 state and federal trial judges and commissioners presided over 53 trials, 68 attorney coaches helped the teams

www.sdmocktrial.org, which allows the committee to provide information digitally to students, teachers and coaches and saves staff time and the costs in using and organizing paper. Another technological advancement started this year will streamline the volunteer process. Instead of attorney scorers needing to call or e-mail staff to determine what date and times were available for scoring that met their schedule, now attorney scorers can easily see what competitions dates need scorers online and can schedule themselves quickly and efficiently through Sign Up Genius. Courtroom monitors can also self-schedule via Sign Up Genius. Once signed up, it’s critically important that volunteers show up and follow through.

January/February 2015 SAN DIEGO LAWYER 41

FROM THE LAWYER COACHES Eric Ganci, King Chavez High School Attorney Coach “As a former teacher, I can say this program is one of the absolute best ways to give back. The students really want to talk to lawyers and they want to see what it feels like to be a lawyer. This program gives them the chance to prep and try a case, with real legal issues in an actual courtroom with a sitting judge. The kids eat up the opportunity and fully invest themselves.”

Victor Torres, St. Augustine Attorney Coach “I volunteered as an attorney scorer the very first year of the competition. I was so impressed with the ability, the preparation and the performance of the young men and women that the following year I volunteered to be an attorney coach. This will be my third team over the past seven years and I absolutely love it! The opportunity to interact with the students is what keeps me coming back year after year.”

Christopher Todd, Scripps Ranch High Attorney Coach “This is my sixth year as a coach. It is so fun to see the students develop. They learn to stand up, solidly and with good balance, for their client’s rights. They speak with conviction. They gently control the opposing witness. They respectfully address the court. They develop confidence and pride they didn’t know they had. The Mock Trial program is amazing. The Bar and Court are to be commended for their organization of it and high participation level. It gives the students a real-world experience which can’t be matched.”

Michael Flemming, Cathedral Catholic High School Attorney Coach “I got involved because I think it essential that we all know our constitutional rights and how the criminal law system works. I thought it would be cool to teach the kids about the judicial branch and court process. By the end of the first week of my first year, I realized I had learned more than I taught. And I have continued to learn something new every year. “

Brandon Saxon, Torrey Pines High School Attorney Coach “This is my sixth year coaching Torrey Pines. I started doing it to give back to my alma mater, and have really enjoyed the experience of working with the kids and seeing their stellar interest in the law and amazing skills, something I didn’t have in high school! It’s invigorating to see a motivated group of students work so hard for so many months in advance of the competition and really get into the material, which can be quite daunting. It’s an amazing competition. Hats off to all the sitting judges and volunteer attorneys who score the competition.”

Special thanks to the 2014-2015 San Diego County High School Mock Trial Committee for their year-round work: Hon. Yvonne Campos, Co-Chair; Hon. Linda Quinn (Ret.) Co-Chair; Hon. David Bartick; Alex Calero, Esq.; DPD Solomon Chang, Esq.; Michelle Chavez; DDA Melissa Diaz, Esq.; SJ Kalian; Amy Kimpel, Esq.; DDA James Koerber, Esq.; Hon. Melinda Lasater, ex officio; David Leshner, Esq.; Ellen Miller-Sharp; Lourdes Morales; Julie Myres; Julie Schwartz; and Amber Scott.

Volunteer to be a scorer in this year’s competition! Visit http://sdmocktrial.org! Renée Galente (renee@gandgtriallawyers.com) is a partner with Galente Ganci, APC.

Q & A: The New Central Courthouse Hon. Jeffrey Barton discusses what the future holds By Jeremy Evans There is a large empty dirt space on the City block running between C and B Streets and State and Union. In that space will rise the $555.499 million dollar County of San Diego Central Courthouse. It is the most expensive public office building ever built in San Diego with a completion date in 2016. Once in its place was the office of King Stahlmanâ&#x20AC;&#x2122;s Bail Bonds with the western side of the building draped in the iconic painted American flag. There was also a surface parking lot. The San Diego Law Library also had its turn in the King Stahlman office building while the Front and C Street location was being renovated. In an effort to bring our readers insight into the current courthouse, court spending, the new central courthouse project, and what to expect when the new courthouse is completed, the Hon. Jeffrey Barton, Assistant Presiding Judge for the Superior Court here in San Diego, answered some questions for us. The questions ranged from cost savings to technology.

Q A

What new technology will the courthouse use?

Digital displays at security screening stations: Display monitors will be located at the front of each security

screening station. Instructions will be shown on the monitors so there can be clear separations and messages for the attorney, jurors and general public. The messages can be modified as more lines open or close throughout the day. Digital building directory: 12 big screen monitors will be placed in the main lobby for the building directory and courtroom information. Information can be updated in real-time when judges are assigned to the different courtrooms. Electronic queuing displays at business offices: The electronic queuing and numbering display system will be helpful for organizing large numbers of people at the business offices. Court calendar display monitor at courtroom entry: Besides the fixed information sign, there will be a monitor located outside of each courtroom entry. This monitor can be connected to the case management system for showing the court calendar. Wireless network capability throughout the courthouse: There will be adequate wireless network coverage for all areas of the courthouse and courtrooms. The wireless network can be set up for public and justice partner use. We are reviewing a plan for

charging the outside users to help cover the cost of maintaining the wireless system. Courtroom audio-visual systems: All trial courtrooms will have a ceiling mount HD projector and a large roll-down screen. AV connections to the projector are available at each attorney table. Desktop microphones will be located at each attorney table. Wireless microphones will be used at the podium and jury box. For courtrooms that do not have built-in AV systems (i.e. family and probate courts due to a previous project cost reduction), there are portable projectors on carts and screens that can be brought into the courtrooms when needed. Assistive listening system in courtrooms and jury lounge: Built-in assistive listening devices will be provided in each courtroom and the jury lounge. In-custody box and interview booth audio systems: A holding area and an attorney-client interview booth will be located between each pair of courtrooms. An attorney can talk with the in-custody through an intercom system in the secured interview booth. There are six to seven interview booths in the high-volume criminal courtrooms. Also available are incustody boxes with high-end intercom January/February 2015 SAN DIEGO LAWYER 43

system in the high-volume criminal courtrooms. Media connections: Each courtroom will have a media box so there will no longer be TV camera cables that run through the courtroom entry. The TV camera mixer box can plug into an outlet outside of the courtroom entry in the public lobby. In the arraignment, double jury, high-volume and high-security courtrooms, there are media outlets at the courtrooms that connect to a media temporary staging room on the fourth floor, TV stations’ satellite dishes on the roof and a media pedestal at street level.

Separate from the courthouse, is the bench or are attorneys using technology to speed up matters and make things more efficient?

Utilization of the court’s e-File system in civil is one way counsel can contribute to saving court resources. The e-File system saves data entry and imaging time for court personnel. Utilization of the technology is growing amongst the bar and is now mandatory for all but self-represented parties in complex cases. Mandatory e-Filing will be the trend of the future. Many judges are utilizing online

systems will allow the court to add features as time goes on.

Q A

Will new technology increase safety in the courthouse? How? Where?

The new courthouse design will create a much safer courthouse, a more secure perimeter and safer holding and dedicated transportation corridors and elevators for in custody defendants. Security will be improved both physically and technologically in the new building.

Are efforts being made to have more telephonic and video court appearances?

We are open to adapting to new opportunities. Court call service has been expanded to family law and it has been widely used in civil for some time. There has been discussion regarding video appearance technology. Due to budget cuts, the court does not have the personnel to prepare and evaluate the RFP (Request for Proposal) that would be necessary to implement the technology at this time. There are pilot projects ongoing in two counties to expand video appearances to traffic and we are following those projects with interest.

Do telephonic and video court appearances save the court/budget money?

A View of the courhouse construction site from the Bar Center at 401 Cell phone signals: A distributed antenna system makes the building transparent for clear cell phone signals.

access for file review. There are numerous efficiencies realized by going online with files.

New case management systems: The new systems are described in response to other questions, but one goal is to enter the new building with few, if any, paper court files in probate and a great reduction in paper files in family. This will save the costs of moving, creating and maintaining paper files and will result in the reduction of a large volume of space in the new building dedicated to storage space.

Counsel are increasingly utilizing technology during trial presentations. Exhibits are commonly lodged electronically and only printed after they are received in evidence to go into the jury room. The new courthouse is set up for the increasing use of technology and once we have the new case management systems fully implemented, it will be possible to be truly paperless. The new case management

44 SAN DIEGO LAWYER January/February 2015

Not significantly at this time. All the component parts for the court system must be in place whether it is live (in person) or via some other means. It saves money and time for everyone other than the court as it obviates the need for coming to or being brought to court. A truly “virtual” appearance might save some security cost and does save some time which has an efficiency benefit.

What other cost savings is the court engaging (currently and for the future)?

Cost savings is a misnomer. The court is actively cutting services to achieve a cost savings to meet reductions in our operating budget. We are also in the process of completing the transition to an online civil and probate

court. We are at the beginning stages of transitioning to an electronic court in family, traffic and criminal. The court is evaluating and implementing efficiencies in operation as part of the transition to the electronic court. We have also implemented improved online access for traffic court and family court (scheduling) which increase access and reduce costs. We have entered into a partnership with the School of Industrial Engineering at the University of San Diego. Using technology taught at the school, we are reviewing workflows in the civil area to find time and cost efficiencies. We hope to expand this program to other areas after the initial pilot study is completed. There is a statewide effort to identify efficiencies in operation our court has participated in. Some efficiencies require legislative changes not yet realized.

Q A

What will become of the existing/old courthouse?

The state is required to tear down the old courthouse very soon after the new one is occupied. The 220 building occupies most of three city blocks. The block that fronts Broadway will be sold for private redevelopment. The Middle block is scheduled to feature some open space – a green zone. The Northern block (B to A, Front to Union) is county owned. The State is currently considering options.

Q A

Will parking be available under or near the building and how much?

Public parking in a government building is not possible due to security concerns. Parking is not a part of the state’s overall development proposal. Parking will be available as it is currently through private adjacent development.

What will be the most significant change judges, lawyers, law enforcement, and the public will experience with the new courthouse?

All of the benefits of a major urban court building. Safety will be

significantly improved in numerous ways including from seismic events, asbestos and in custody transfers. Comfort and convenience will be enhanced in the new modern building. The building is designed with cutting edge energy saving and efficiency technologies and it will achieve the LEED Silver certification. As noted, through the combination of the technology installed in the building and the implementation of new case management systems, a fully interactive electronic court with 24/7 availability is on the horizon. WiFi access will allow counsel and parties to access the system. There are 71 courtrooms with the ability to increase or decrease assignments to particular subjects as demographics or needs of the community change. Counsel dealing with the court will have two downtown locations connected by a bridge instead of four locations spread across downtown. The attorneys and public will benefit from the increased access and convenient centralized location near the Trolley and Coaster lines. Clifford Ham, with the Judicial and Court Operations Services Division, Administrative Office of the Courts, Judicial Council of California, is the Principal Architect for the new central courthouse. He added that: The new court building will have the communications cables and pathways to support the future technology initiatives. The total project budget for the new court building is $555.499 million – the project budget encompasses all costs including the hard construction cost (see the webpage for an explanation of project budget: http:// www.courts.ca.gov/23308.htm). The future is exciting. It is clear that our courthouse will be among the best in the country. Jeremy Evans (jeremy@csllegal.com) is managing attorney of California Sports Lawyer.

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2015 LAW UPDATES

Tax Law – A Look Ahead Implications of IBM v. Department of Treasury By Camille Edwards

Overview On July 14, 2014, the Supreme Court of Michigan held that the taxpayer, International Business Machines (“IBM”), was entitled to use the three-factor apportionment formula under the Multistate Tax Compact for its 2008 Michigan taxes, instead of the sales-factor apportionment formula required by the Michigan Business Tax Act.1 This ruling entitled IBM to millions in refund and overturned the holding by the Court of Appeals that favored the Michigan Department of Treasury.2 In response to this ruling, both houses of the Michigan legislature passed S.B. 156, which retroactively repeals the state’s membership in the Multistate Tax Compact, effective January 1, 2008. This passage of a bill retroactively changing a decision by the state’s Supreme Court “raises many familiar state and local tax constitutional issues, including due process, separation of powers, compact law, and retroactive remedies law.”3 One major concern is the effect that laws such as S.B. 156 will have on multistate compact law, a major facet of relations among the states. Apportionment Issues and IBM v. Department of Revenue So what is apportionment and why was it an issue? States often deal with the issue of how to tax multistate taxpayers, as in “How should a tax liability be allocated to a firm that operates across many states?” What percentage of the corporation’s income can a state tax, when the revenues in that state are only a portion of a multistate or multinational business?

1. 2. 3.

5. 6. 7. 8.

Apportionment formulas, enacted by state law, are meant to measure business activity in a state, and consider the sales, property, and payroll (three-factor formula) of a taxpayer occurring in the state, or only the sales activity (single sales), to determine the percentage of income that the state can tax.4 For out-of-state corporations, those that have no property or payroll in a state, they benefit from the three-factor formula because a smaller percentage of their income will be taxed compared to a formula that only considers sales in the state; the total percentage allocated is diluted by having zero property and payroll. In a “quest for additional revenue” from out-of-state corporations, many states have begun to pass laws requiring apportionment formulas that only consider sales or that weight sales more than property and payroll.5 This was the case with IBM. In 1970 Michigan joined the Multistate Tax Compact (“MTC”), which provides taxpayers of member states the option to elect to use a three-factor apportionment, using equally weighted property, payroll, and sales.6 In 2008, Michigan enacted sweeping tax changes, introducing a new Michigan Business Tax (“MBT”), which requires all businesses to apportion using single sales factor. But while enacting this change, the legislature did not make any changes to its membership in the MTC. Thus IBM, an out-of-state taxpayer, elected to use the more favorable three-factor apportionment under the MTC on its 2008 return instead of

IBM v. Department of Treasury, Docket No. 146440, 2 (Supreme Court of Michigan, July 14, 2014). Id. Michael Herbert, Eric Burkheiser, and Timothy Pratschler, Michigan legislature passes bill retroactively repealing Multistate Tax Compact, September 11, 2014, Pwc Tax Insights from State and Local Tax Services, http://www.pwc.com/en_US/us/state-local-tax/newsletters/salt-insights/ assets/pwc-michigan-passes-bill-retroactively-repeal-multistate-tax-compact.pdf. Ama Sarfo, Multistate Tax Row Puts Compacts in Flux, Pomp Says, August 8, 2014, Law 360, http:// www.law360.com/articles/565507/print?section=tax. Id. IBM at 2-3. Id. at 15. Eric Burkheiser, Ralph Cornell, Michael Herbert, and Tim Pratschler, Michigan: Taxpayers entitled

46 SAN DIEGO LAWYER January/February 2015

10.

single sales, which would give it an additional $4.7 million refund. The Michigan Department of Treasury (“Department”) claimed that the MBT implicitly repealed the MTC by requiring only single sales, but the Supreme Court disagreed, declaring that Michigan’s pledge to allow members to use the three-factor apportionment was still intact. The majority led by Justice Viviano stated “Because the legislature gave no clear indication that it intended to repeal the Compact’s election provision, we proceed under the assumption that the legislature intended for both to remain in effect.”7 IBM was entitled to elect to use the three-factor apportionment under the MTC, which remained in effect until the legislature expressly amended the MTC’s election provision on May 25, 2011, disallowing making a three-factor election under the MTC as of January 1, 2011.8 Thus for 2008 through 2010, IBM and other taxpayers could elect threefactor apportionment under MTC. S.B. 156: Michigan’s Reactionary Law After the July 14 ruling, Michigan Attorney General Bill Schuette and Solicitor General Aaron Lindstrom filed a motion seeking a stay of enforcement of the decision, claiming that as a result of the decision Michigan would owe an estimated $1.1 billion in tax refunds, plus interest, to out-of-state corporate taxpayers, citing 134 ongoing cases where taxpayers were seeking refund in lower or administrative courts.9 The Department also requested a rehearing of the case, but the Supreme Court has not yet responded.10 The Michigan legislature acted

to apportion income under Multistate Compact three-factor election, July 16, 2014, Tax Insights from State and Local Tax Services, PricewaterhouseCoopers LLP, http://www.pwc.com/us/en/state-localtax/newsletters/salt-insights/michigan-taxpayers-entitled-apportion-under-compact-election. jhtml. Amy Hamilton, Michigan Owes $1.1 Billion in Tax Refunds Following IBM Decision, August 7, 2014, Tax Analysts, http://www.taxanalysts.com/www/features.nsf/Articles/D23458C825ADB62485257D2D0045B D92?OpenDocument. Michigan enacts legislation that could affect income apportionment, Ernst & Young, 1, October 13, 2014, https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF8&safe=active&ssui=on#q=ernst%20and%20young%20michigan%20enacts%20legisaltion%20 that%20could%20affect%20income%20apportionment&safe=active&ssui=on.

swiftly on these budgetary concerns, enacting S.B. 156 on September 11, 2013. S.B. 156 expressly repealed Michigan’s participation in the MTC retroactive as of January 1, 2008, to cut off refund claims based on electing MTC apportionment for tax years 2008 through 2010.11 The Multistate Tax Compact and Implications Besides concerns that a retroactive legislation going back six years may not survive scrutiny under the Due Process Clause of the U.S. Constitution,12 another concern arising out of the passage of S.B. 156 is that it may not have the ability to properly remove itself from the MTC retroactively.13 “Taxpayers and practitioners continue to maintain that the state could not opt out of a portion of the MTC statute as long as it was a full ‘contractual’ member of the MTC.”14 This is a major concern due to the importance of the MTC and other compacts in relations among the states. The MTC was created by the states in 1969 “in response to the then-imminent threat of federal preemption of state taxing authority…at the time…the conflicting apportionment formulas used by individual states and applied to outof-state corporate taxpayers” led to concerns of taxing greater than 100% of a taxpayer’s income.15 The states created the MTC and its election to use three-factor apportionment as a way for there to be some uniformity in treatment of multistate taxpayers.16 The MTC is believed by many to be a binding compact, with the state “effectively surrender[ing] a portion of its sovereignty” when it signs the compact, and a compact is a contract that “may not be amended, modified, or otherwise altered without the consent of all parties.”17 Interstate compacts have been in existence “since the country’s founding” and are used as a way to resolve or prevent dispute among the states.18 There are many types of interstate compacts ranging from conversation and resource management to transportation and

11. 12.

13. 14. 15. 16. 17. 18.

taxes. Compacts such as the Port Authority, which builds, operates, and maintains the vital infrastructure critical to the trade and transportation network of New York and New Jersey, are used by states in a variety of areas to govern and facilitate practically every area of interstate relations. These binding contracts create agreement among states on such vital areas as providing disaster aid in case of a natural disaster. Compacts allow states to adapt to changing conditions and maintain sovereignty without the interference of the federal government.19 Since the 18th century compacts have been enacted and federal and state courts have “consistently ruled” that a state cannot unilaterally amend a provision if the compact doesn’t allow for it, showing the binding nature of compacts.20

although a state could unilaterally withdraw from the MTC, it could not unilaterally modify its terms. Since California had not repealed or superseded the apportionment provisions, it was bound these terms.24 After this ruling the Franchise Tax Board appealed, and with the appeal still pending the California Legislature repealed its adoption of the MTC with S.B. 1015 on June 27, 2012, effective immediately (but not retroactively like Michigan’s S.B. 156). Currently the Supreme Court of California is reviewing the Gillette appeal. 25 There is concern that S.B. 1015 is vulnerable to challenge as to its validity under Proposition 26, which requires that revenue-raising bills be passed with a two-thirds majority vote in both the California Assembly and the Senate, since it did not pass either house with a two-thirds vote.26

Considering the major role of compacts in interstate relations and governance, it becomes clear that a state such as Michigan unilaterally and retroactively withdrawing from the MTC could create repercussions affecting the many other interstate compacts. To allow a state to unilaterally remove itself from the MTC or another compact undermine the effectiveness and authority of multistate compacts, undermining interstate cooperation and threatening the dayto-day running of environment, transportation, and virtually every aspect of interstate life and relations.21

Conclusion

California Case and Legislation Michigan is not the only state dealing with apportionment under the MTC; there is pending litigation in California, Oregon, Texas, and Minnesota dealing with the same issue.22 California was the first state to address threefactor apportionment under the MTC; in Gillette Co. et al v. Franchise Board, the California Court of Appeal held that multistate taxpayers may elect to use the MTC three-factor apportionment formula to apportion for California income tax.23 The court held that the MTC was a valid compact, and California was bound by its apportionment election provision. The Gillette court held that

Id. Tom Cornett, Charles Wright, and Pat Fitzgerald, Enacted Michigan Law Retroactively Repeals the Multistate Tax Compact and Provides Retroactive MBT Changes, September 12, 2014, Deloitte, http://www.deloitte.com/assets/Dcom-UnitedStates/Local%20Assets/Documents/Tax/us_tax_ multistate_MI_091514.pdf Ernst & Young at 2. Id. Hamilton. Id. Hellmuth v. Washington Metropolitan Area Transit, 414 F Supp 408, 409 (D Md, 1976) Michael Herbert and Bryan Mayster, 200 Years of Interstate Cooperation: Could a State Tax Case Be the End?, 210, April 15, 2013, Tax Analysts, http://www.pwc.com/en_US/us/state-local-tax/ publications/assets/pwc-could-200-years-of-interstate-cooperation-be-ended-by-a-tax-case.pdf.

19. 20. 21. 22. 23. 24. 25.

26.

27.

Apportionment and states repealing portions of the MTC continues to be a hotly debated issue. The issue of the legality of the recently passed S.B. 156 has not yet been heard in a state or federal court, and the Supreme Court has not yet responded to Michigan’s request to rehear the IBM case. Besides the outcome of IBM and the ensuing legislation, there is also pending litigation in California, Oregon, Texas, and Minnesota.27 This continues to be a major issue for taxation of out-of-state taxpayers, with billions of dollars in state tax dollars at stake, and may be a point of contention that will to be decided by the United States Supreme Court in the future. To allow a state to unilaterally withdraw from the MTC could undermine the very stability of vital interstate compacts. Thus the future of interstate compacts and taxation of multistate corporations is yet to be determined. Camille Edwards (camille.l.edwards@gmail.com) is an attorney at law. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA.

Id. at 210-11. Id. at 213. Id. at 212. Hamilton. Gillette Co. et al v. Franchise Tax Board, 147 Cal.Rptr. 3d 603, 603 (Oct.2, 2012). Id. at 613-15. Close Cut: Gillette and the MTC Apportionment Election, CBIZ, Dec 15, 2014, http://proddnn.cbiz.com/ Insights-Resources/Details/ArticleID/2293/Close-Cut-Gillette-and-the-MTC-Apportionment-Electionarticle. California repeals MTC election effective immediately, Pwc myStateTaxOffice, July 2, 2012, http:// www.pwc.com/us/en/state-local-tax/newsletters/mysto/california-repeals-mtc-election.jhtml. Hamilton.

January/February 2015 SAN DIEGO LAWYER 47

2015 LAW UPDATES

Quick Guide: New Employment Laws What’s new for 2015 laws in California By Stephenie Alexander an employee for reporting or filing a Complaint with respect to Labor Code violations is subject to a $10,000.00 penalty.

Leave of Absence Laws AB 1522- Mandatory Paid Sick Leave Under the new “Healthy Workplaces, Healthy Families Act of 2014,” qualified employees working in California for 30 days will be entitled to paid sick-leave. Employees will qualify under the Act unless they fall within a specific exception (i.e., Collective Bargaining Agreements). Eligible employees accrue one paid sick leave hour for every 30 hours worked and may use up to 24 hours or three days each year. Unused sick days carry over to the following year. Alternatively, employers may elect to provide a lump sum of three days to each employee. Under this election, paid sick days do not carry over from year to year. Employers may place a cap on the accrual to 48 hours or six days per year. Employers must also comply with notice and record keeping requirements. Failure to comply with this law subjects employers to penalties. AB 1522 becomes effective as of July 1, 2015. AB 2536 – The Definition of “Emergency Rescue Personnel” Expanded, Labor Code §230.3 The definition of “emergency rescue personnel” is expanded to include an officer, employee, or member of a disaster medical response entity sponsored or requested by this state. Health care provider employees are also required to notify their employer when they are designated as “emergency rescue personnel” and when they will be deployed.

Discrimination, Harassment and Retaliation Laws AB 1443 – Unpaid Interns and Volunteers Covered under FEHA Unpaid interns and volunteers (i.e., individuals participating in a limited duration program providing unpaid 48 SAN DIEGO LAWYER January/February 2015

AB 2053 – Harassment Prevention Training to Include “Abusive Conduct”

work experience) fall within the class of individuals protected from discriminatory action and/or harassment. Inclusive within AB 1443 is the express protection of religious beliefs and accommodations to unpaid interns and volunteers. AB 1660 – Expansion of FEHA for National Origin Discrimination Under the amendment to the FEHA, it is now illegal for employers to take any discriminatory action against individuals in possession of a California driver’s license issued pursuant to Vehicle Code §12801.9 to undocumented persons. AB 1792 – Discrimination Against Public Assistance Recipients Prohibited Government Code § 13084 prohibits employers from taking any discriminatory or retaliatory actions against recipients of public assistance benefits (i.e., the MediCal program), including but not limited to the refusal to hire and/or discharge an employee because he or she has applied or receives Medi-Cal benefits. AB 2751 – Penalties for Retaliation Connected to Labor Code Complaints This law clarifies that employers are prohibited from threatening to file or filing a false report with any state or federal agency, and employers may not discriminate against an employee that updates personal information. Employers that discriminate or retaliate against

AB 2053 incorporates the additional component of addressing “abusive conduct” to the mandatory AB1825 training requirement applicable to employers with 50 or more employees. “Abusive conduct” is defined as conduct “with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.”

Wage and Hour Laws AB 1897 – Joint Liability for Contract Labor Under Labor Code § 2810.3, employers using staffing agencies or other labor contractor entities are jointly liable for wage and hour violations. Exceptions to liability under AB 1897 applies to specific employers. SB 1360 – Paid Heat-Illness Prevention Recovery Periods Labor Code § 226.7 provides compensation to employees required to take a recovery period under heat-illness prevention regulations. The recovery period is also calculated for overtime pay calculations. For a complete list and further details concerning all employment laws scheduled to take effect in 2015, be sure to consult with your employment counsel to ensure your company’s practices and policies are compliant with new changes. Stephenie Alexander (alexander@ claroconsultingservices.com) is an attorney with Claro Consulting Services. No portion of this article is intended to constitute legal advice. Be sure to perform independent research and analysis. Any views expressed are those of the author only and not of the SDCBA.

Legal Aid Society of San Diego

Legal Aid Honors Its Heroes

By James Mittermiller

he Legal Aid Society of San Diego (LASSD) recently honored two heroes of the legal profession and celebrated their combined 82 years of service to San Diego’s low-income clients. Greg Knoll and Dennis Holz have each spent their entire 40+ year careers at Legal Aid. Greg Knoll has served as Executive Director/Chief Counsel of the organization since 1974. Dennis Holz has been its Managing Attorney since 1975. Over the last 40 years, Greg and Dennis have built the premier Legal Aid organization in the United States. In the words of John Levi, Chairman of the Board of the Legal Services Corporation, LASSD’s parent organization, “Programs across the country are trying to emulate the remarkable work of the Legal Aid Society of San Diego.” The ingredients for the success of LASSD are found in its two longstanding leaders: commitment, passion, tenacity, vision, and dedication. These are some of the words used by the members of the LASSD staff,

board of directors, and the community to describe what Greg and Dennis have brought to Legal Aid. Today LASSD has a staff of 116 employees, including 49 lawyers and 38 paralegals/advocates. It has served

Above: Greg Knoll and Dennis Holz

tens of thousands of clients who would otherwise have been without any recourse to our legal system. It is a remarkable achievement for the charismatic former college basketball star and the former hippie with a legendary legal mind. And it is all the more remarkable given the personal sacrifice that Greg and Dennis have made

in devoting their entire legal careers to serving the poor. As Jim Sandman, the president of the Legal Services Corporation, emphasized in his remarks at the celebratory event, “The heroes of the legal profession are the lawyers who devote themselves full time for the duration of their careers to the service of others. That’s what Greg and Dennis have done…. They’ve brought to their work an energy, an enthusiasm, an effectiveness, and a passion that has never flagged. They’ve always maintained a firm focus on the needs of their clients and on making America’s promise of equal justice under the law real. Greg and Dennis … are heroes … role models for the rest of us.” These two pioneers of Legal Aid, who formed a leadership team 40 years ago, have built an organization that will endure for the future. For that, our community owes them both a great debt of gratitude. James Mittermiller (jmittermiller@ sheppardmullin.com) is a partner with Sheppard, Mullin, Richter & Hampton LLP.

JUDICIAL RECEPTION Join us in welcoming San Diego’s newest judicial officers and honoring our bench at our annual Judicial Reception. This event is exclusively for SDCBA members and the judiciary.

Wednesday, March 4 5:30 – 7:30 p.m. Outdoor Terraces 401 West A Street San Diego, CA 92101

Check in on third floor. RSVP: www.sdcba.org/judicialreception2015

All people deserve justice. That’s why the San Diego County Bar Foundation supports more than 40 local legal aid and public interest

the

organizations. And now is the time

Elderly

for you to help. We are asking you to please “Give An Hour” and donate the equivalent dollar amount of one

Refugees victims of

Domestic Violence

hour of your billable time. Since time is money and we know you’re busy

Children

and may not have the time to give, please consider a gift of money.

Give us your hour, your minutes,

your heart. the

Voiceless

Your contribution will help close the justice gap in San Diego. It’s as simple as going to

www.sdcbf.org

those in need of

Representation

GIVE AN

H UR

401 West A Street, Suite 1100 • San Diego, CA 92101 • 619-231-7015

Distinctions Hon. Ned Huntington (Ret.) was honored with a Lifetime Achievement Award by the Southern California American Academy of Matrimonial Lawyers. Candace Carroll, SDCBA Past President and of Sullivan Hill of counsel, was recently appointed as secretary and treasurer for the San Diego Convention Center Corporation’s 2015 Board of directors. Higgs Fletcher & Mack partner James Peterson, along with his family, were recognized as 2014 Make-A-Wish San Diego’s “Friends and Family” honoree. Attorney Robert Vaage was recently named Trial Lawyer of the year by the Consumer Attorneys of San Diego. San Diego Superior Court Judge Thomas Nugent retired after serving on the bench for 17 years.

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Sharon Kalemkiarian and Brad Weinreb were recently sworn in as judges for the San Diego Superior Court. California Western School of Law was named to the President’s Higher Education Community Service Honor Roll with Distinction for 2014.

Passings Peter Hughes, past SDCBA board member and Legend of the Bar, passed away in December. In his Legends of the Bar video on the SDCBA website, Hughes offers advice to newer practitioners: “Find a niche that you truly enjoy. It’s not necessarily going to be the first thing that you do ... you’re not wedded to that. Find something you really like doing; everything else will fall into place.” See Peter's full video at www.sdcba.org/legends, and read a profile featuring Peter in the Sep/Oct 2012 issue of San Diego Lawyer at www.sdcba.org/HughesSDL.

Friday, March 13 Shotgun Start at 12:30 p.m. Rancho Bernardo Inn Golf Course Register at www.sdcba.org/golftourney2015

2015

LUB

100

EN PERC T C

SDCBA

100 PERCENT CLUB 2015 The San Diego County Bar Association’s 100 PERCENT CLUB is a special category of membership that indicates an outstanding commitment to the work done through SDCBA programs and services in the legal profession and the community. The following firms (five or more lawyers) are members of the 100 PERCENT CLUB for 2015, having 100 percent of their lawyers as members of the SDCBA.

Andrews Lagasse Branch & Bell LLP Atkinson, Andelson, Loya, Ruud & Romo Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes Basie & Fritz Belsky & Associates Bender & Gritz Bernstein Litowitz Berger & Grossman LLP Best Best & Krieger, LLP BioMed Realty Trust, Inc. Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butterfield Schechter LLP Butz Dunn & DeSantis APC Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Chapin Fitzgerald Knaier LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer Del Mar Law Group, LLP Dietz, Gilmor & Chazen District Attorney’s Office Dostart Clapp & Coveney, LLP Duckor Spradling Metzger & Wynne Endeman, Lincoln, Turek & Heater, LLP English & Gloven APC Epsten Grinnell & Howell, APC Farmer Case & Fedor Fox Johns Lazar Pekin & Wexler Fragomen, Del Rey, Bernsen & Loewy, LLP Frantz Law Group APLC Fredrickson, Mazeika & Grant, LLP Garcia, Hernández, Sawhney & Bermudez LLP Gatzke Dillon & Ballance LLP Gomez Trial Attorneys Goodwin Brown Gross & Lovelace LLP GrahamHollis APC Green Bryant & French, LLP Grimm, Vranjes & Greer, LLP Hahn Loeser & Parks, LLP Henderson, Caverly, Pum & Charney LLP Hiden, Rott & Oertle, LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto Judkins, Glatt & Hulme LLP Keeney, Waite & Stevens APC Kirby & McGuinn APC

Kirby Noonan Lance & Hoge LLP Klinedinst PC Konoske Akiyama | Brust Krause Kalfayan Benink & Slavens LLP Law Offices of Beatrice L. Snider, APC Legal Aid Society of San Diego, Inc. Lincoln Gustafson & Cercos LLP Littler Mendelson PC Lorber, Greenfield & Polito, LLP Marks, Finch, Thornton & Baird, LLP McKenna Long & Aldridge LLP Men’s Legal Center Family Law Advocates Miller, Monson, Peshel, Polacek & Hoshaw Miranda Law Group, PC Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McFall & Trexler APLC Olins Riviere Coates and Bagula Oliva & Associates, ALC Paul, Plevin, Sullivan & Connaughton LLP Pettit Kohn Ingrassia & Lutz PC Pope, Berger, Williams & Reynolds, LLP Preovolos Lewin & Hezlep, ALC Procopio, Cory, Hargreaves & Savitch LLP Pyle Sims Duncan & Stevenson APC RJS Law Rosner, Barry & Babbitt, LLP Rowe Allen Mullen LLP Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Ballard & Cauley LLP Seltzer Caplan McMahon Vitek Sheppard, Mullin, Richter & Hampton LLP Siegel, Moreno & Stettler, APC Simpson Delmore Greene LLP Smith, Steiner, Vanderpool & Wax, APC Solomon, Grindle, Silverman & Wintringer, APC Solomon Minton Cardinal Doyle & Smith LLP Solomon Ward Seidenwurm & Smith, LLP Stoel Rives LLP Stutz Artiano Shinoff & Holtz Sullivan Hill Lewin Rez & Engel Summers & Shives, APC Thorsnes Bartolotta McGuire Walsh McKean Furcolo LLP Ward & Hagen LLP White, Oliver & Amundson, APC Wilson Elser Moskowitz Edelman & Dicker LLP Wilson Turner Kosmo LLP Winet Patrick Gayer Creighton & Hanes Wingert Grebing Brubaker & Juskie LLP Wright, L’Estrange & Ergastolo Zeldes Haeggquist & Eck, LLP

Sustaining Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members.

PATRON MEMBERS Marc D. Adelman Ezekiel E. Cortez William O. Dougherty James P. Frantz Natalie Zalina Galashty Allen D. Haynie Van E. Haynie Rhonda J. Holmes Richard A. Huver Laura H. Miller Gerald S. Mulder Hon. Leo S. Papas (Ret.) J. Michael Reed Todd F. Stevens Thomas J. Warwick, Jr. Andrew H. Wilensky BENEFACTOR MEMBERS Doc Anthony Anderson III Jedd E. Bogage Steven T. Coopersmith Alexander Isaac Dychter Douglas A. Glass Alvin M. Gomez J. William Hinchy Randall E. Kay Ronald E. Naves, Jr. Edward F. O’Connor Carl L. Sheeler John R. Sorensen FRIEND MEMBERS Steven Barnes Hon. Victor E. Bianchini (Ret.) Edward V. Brennan Jeffrey Alan Briggs Scott Carr Benjamin J. Cheeks Linda Cianciolo Douglas A. Cleary Dion M. Davis David B. Dugan Susan K. Fox Marc B. Geller William C. George Kenneth J. Gosselin Kenneth N. Greenfield Ronald Leigh Greenwald Ajay K. Gupta Philip P. Lindsley Marguerite C. Lorenz Antonio Maldonado Hon. William H. McAdam, Jr. (Ret.) Robert E. McGinnis Peggy S. Onstott Anthony J. Passante, Jr. Anne Perry Kristi E. Pfister Justin Reckers Joseph Angelo Sammartino Kimberly A. Stewart Stuart H. Swett Victor Manuel Torres

PHOTO GALLERY STEPPING UP TO THE BAR Photos by Lauren Radack

On December 5, the SDCBA's 2015 President, Richard Huver, and newly elected board members were sworn in at the SDCBA's annual holiday celebration Stepping Up to the Bar. A special thank you to event sponsors Torrey Pines Bank, Westlaw, Thorsnes Litigation Services, Elijah, Inventus, AHERN Insurance Brokerage and Autocaid.

L-R: Kyle Yaege, Richard Huver, Karin Wick

SDCBA President Richard Huver, Hon. Robert Trentacosta Pieter Speyer, Jean Nuamah

See more photos on our Facebook page! www.facebook.com/ sandiegocountybar

L-R: Narisco Delgado-Cruz, Evelyn and John Rodriguez, Ashley Negrette, Melva Garcia

ADVERTISERS INDEX ADR Services, Inc..................................................... 2 AHERN Insurance....................................................48 Albertson & Davidson LLP.................................12 American Arbitration Association ...............10 California Western School of Law.................15 CaseyGerry ................................................................ 3 CPT Special Needs Trusts...................................45 Eyewitness Expert Testimony..........................45 Fragomen, Del Rey, Bernsen & Loewy, LLP ............7

JAMS ..............................................................................23 Judicate West ...........................................................16 Kathryn Karcher.......................................................15 Law Offices of Terry L. Gilbeau.......................38 LawPay..........................................................................5 Lawyer Referral & Information Service...................25 Ron Stuart Mens Clothing.................................51 San Diego County Bar Foundation..............50

L-R: Udoka Nwanna, William Small, Kelly Tran January/February 2015 SAN DIEGO LAWYER 53

PHOTO GALLERY LAW LIBRARY OPEN HOUSE Photos by Douglas Gates Photography The San Diego Law Library hosted its Open House at its downtown location on December 11.

L-R: Bobbi Cawdrey, Kay Catherwood, Marcia Oâ&#x20AC;&#x2122;Hara

Chris Cox, Cheryl Weeks-Frey

Back row (L-R): Marcia O'Hara, Michael Gatmaitan, Kelly Keach, Vance Sharp, John Adkins, Benita Ghura, Laurel Moran, Stephanie Schweter, Chris Cox, Cheryl Weeks-Frey; Front row (L-R): Lindsey Sebastian, Luz Villalobos, Cyndi Quisenberry, Isabel Eustaquio, Gina Catalano L-R: Anna Howard, Virginia Lopez, Silvina Tondini

Debra Leffler Streeter, Rafael Acosta

NORTH COUNTY BAR ASSOCIATION ANNUAL INSTALLATION DINNER Photos by Mary Cervantez Members of the North County Bar Association gathered for their annual Installation Dinner on January 15.

L-R: Kurt Weiser, Jennifer Creighton, Jeffrey Lacy, Angela Jenkins

BOOK CLUB AT THE BAR CENTER AT 401 Book Club attendees discussed Marisha Pessl's novel Night Film at the SDCBA's Book Club meeting on December 18.

54 SAN DIEGO LAWYER January/February 2015

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