MAY/JUN 2015
Outstanding Attorney of the Year
Service by a Public Attorney
Service to the Legal Profession
Richard Shaw
Gregg McClain
Higgs Fletcher & Mack LLP
San Diego District Attorney’s Office
Betty Evans Boone
Service to diversity
Kimberly Ahrens The Ahrens Law Office
2015
Outstanding Jurist
Hon. Robert Trentacosta San Diego Superior Court
Service Awards
Service to Legal Education
Andrew Haden
U.S. Attorney’s Office
Outstanding Service by a New Lawyer
Community Service
Audie de Castro
Ben Aguilar Distinguished Organization
Law Offices of Ben Aguilar
Juvenile Court Book Club
de Castro, P.C.
Distinguished Citizen
Carmen Kcomt La Maestra Community Health Centers
PLUS Public Service by a Law Firm or Agency
California Innocence Project
Disagreeing Without Being Disagreeable Inside the Conference of Delegates Pro Bono: How to Get Your Start
TEAMWORK
L E A D I N G
T H E
W A Y
With over $10 billion in verdicts and settlements, CaseyGerry has resolved some of the region’s most high profile cases – from a recent $5 million verdict in a serious personal injury matter against the U.S. Government to a $13 million settlement in an automobile collision which resulted in a quadriplegic spinal cord injury. Knowledge, experience and a commitment to justice is what has enabled our team to achieve outstanding results for nearly 70 years. Call (619) 238-1811 to discuss referral or co-counsel arrangements.
www.caseygerry.com P L A I N T I F F
P E R S O N A L
I N J U R Y
A N D
C I V I L
L I T I G A T I O N
San Diego Office: 110 Laurel Street, San Diego, CA 92101 North County Office: 1901 Camino Vida Roble, Ste. 121, Carlsbad, CA 92008
S I N C E
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CONTENTS
Page
30
Page
17
Page
38
Features 17
2015 Service Award Winners Recognizing individuals and groups making a difference in our community
27
Strength in Numbers These numbers don't lie – lawyers love to give back
28
Serving San Diego San Diego's lawyers have a reputation for doing good By Christopher Todd
Departments 34
The Art of Disagreeing Without Being Disagreeable A plaintiff's attorney and defense attorney agree: civility is the best medicine to combat unprofessional adversaries By Richard Huver, Featuring Alexandra Selfridge and Timothy Blood
38
Your Representatives at the Conference of Delegates The inner-workings of the California Conference of Bar Associations and your SDCBA Delegates By Brody Burns
30
Become A Pro Bono Pro How and where to get started doing pro bono work By Teresa Warren
33
How to Network Get out and do things. With people. By Sam Glover
40
Drones: Flying Into the Scene Legal implications may arise with the growing drone industry By Prof. Jorge Vargas
6
Why I Belong Meet SDCBA member Freddy Garmo
8
SDCBA President Asks What is true civility? By Richard Huver
11
Deans Changing the California Bar exam By Stephen Ferruolo
13
Ethics We must practice caution in today's cyber world By Edward McIntyre
42
Rewind A hall-of-famer visits the Bar Center By George Brewster
42
Distinctions Recent honors and recognitions in our legal community
43
Prepping the Professionals Training is critical to serve the underrepresented By Teresa Warren
45
Photo Gallery Special moments captured across our town
14
In-House Perspective Q & A with Joshua Pearson, Associate General Counsel for EDF Renewable Energy By Alidad Vakili
Issue no. 3. 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 May/June 2015
WHY I BELONG THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION
Freddy Garmo Garmo & Garmo LLP
Education: University of Michigan – Dearborn (1992); University of Detroit – Mercy Law School (December 1994) Areas of practice: Business and real estate transactions, estate, business and tax planning Proudest career moment: I represented a young man in a sexual assault case brought against him by an experienced topless dancer alleging that our client followed her into the bathroom, inappropriately touched her, and held her against her will. Our client vehemently denied such allegations and the DA would not offer any plea deal. Despite several failed attempts to introduce the victim’s line of work to the jury (which we believed was a very material fact in this type of case), the jury still came back with a not guilty decision. Family: Married for 17 years with four children Birthplace: Telkaif, Iraq Current area of residence: El Cajon, CA If I weren’t an attorney, I’d be a doctor. The best thing about being an attorney is the wonderful relationships that are created with our clients on a regular basis, not to mention there is never a dull moment in our industry! Last vacation: Las Vegas, NV (with family) Favorite Web site: msn.com Hobbies: Hiking, golf, swimming, and reading Favorite book: Blink: The power of thinking without thinking, by Malcolm Gladwell Favorite musical artist and/or group: Gypsy Kings Favorite food: I love many Chaldean (Middle Eastern) dishes, such as Dolma, rice & stew, and chicken tikka. Why do you belong to the SDCBA? Personal professional development, education, and variety of list services. How does your SDCBA membership help keep you connected to the legal community? Many of my colleagues and I regularly communicate because of this organization, attend various events and functions, and always offer friendly and prompt advice to each other. What makes San Diego’s bar so special/unique? A truly wonderful group of individuals who truly care about each other and are willing to help. I can’t tell you the number of great responses I get when I send out a question on the listserve. It’s well worth the small investment.
6 SAN DIEGO LAWYER May/June 2015
Editor Alidad Vakili
Associate Editor Christine Pangan
Editorial Board Stephenie Alexander Hali Anderson Walter Araujo Hon. Victor Bianchini (Ret.) Rebecca Blain Elizabeth Blust Adam Brewer George Brewster, Jr. Martin Buchanan Brody Burns Judith Copeland James Crosby Elisabeth Donovan Jeremy Evans Frantz Farreau Renée Galente
Eric Ganci Benita Ghura Hon. William Howatt, Jr. (Ret.) D. Milie Joshi Robert Lynn Steven McDonald Edward McIntyre Erik Nelson Jocelyn Neudauer Hon. Leo Papas (Ret.) Don Rez Danwill Schwender David Seto Christopher Todd Teresa Warren
Cartoonist George Brewster, Jr.
Photographers 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
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 ADVERTISING INFORMATION, CONTACT THE SDCBA AT (619) 231-0781 OR BAR@SDCBA.ORG
TOP 100 VERDICT CHAMPIONS Congratulations Vince and Brett for making the National Law Journal’s TOP 100 VERDICTS of 2014.
$23,531,335.00 jury verdict for Audrey Aguilar et al v. State of California (CalTrans); Tricor America, Inc. A personal injury case involving the dangerous condition of public property and negligence resulting in wrongful death and catastrophic life changing injuries. 2550 5th Avenue 11th Floor San Diego, CA 92103 Voice 619/236-9363 Fax 619/236-9653 Toll-free 800/577-2922 www.tbmlawyers.com
Over a billion dollars in verdicts and settlements Š Copyright TBM 2015
Vincent J. Bartolotta, Jr.
Brett J. Schreiber
Richard A. Huver, 2015 SDCBA President
In late April, we launched a campaign to highlight professionalism in our community – asking you to share times when San Diego attorneys “Set the Bar” in terms of how they work with one another, with their staff members, and of course, with judges and court personnel. Our goal isn’t only to collect stories, but to use the anecdotes we receive to exemplify the standards of professionalism we should not only strive to uphold, but also should expect, in our profession. Throughout the year, we will use many avenues to share the stories we receive, not only on a local level, but nationally as well. Here are just a few examples of “extreme professionalism in practice” that some of our members have shared with us. Have your own? Visit www.sdcba.org/professionalism to submit or post on Facebook or Twitter with #SettheBarSD.
Su Barry Barry APC My father passed away in late January. The day after he passed, I made the decision to contact opposing counsel in my active litigation cases to request a reprieve of sorts in case activity. I have a solo litigation practice and needed a break. Some of my colleagues counseled against this decision, saying that some would take advantage of my situation to make strides in their own cases. Unfortunately, their professional courtesy was not to be presumed. We’ve all experienced instances of “vigorous advocacy” that appear to be more harassing than advocating, e.g. setting an ex parte when you’re on vacation, refusing discovery extensions, forcing court intervention when an agreement can easily be reached … But I chose to take my chances. Though some were less than accommodating, I was pleasantly surprised (and relieved) when most opposing counsel agreed without hesitation. I’m grateful to the attorneys, judges and court staff that extended their professionalism and courtesy to accommodate my circumstance. It was a good reminder that although our process is adversarial, extending civility and professionalism to others not only makes the practice of law more enjoyable, it supports the values of our profession as a whole.
Randal Crispen Sheppard Mullin Richter & Hampton LLP When I was a young associate, one of my first assignments was to prepare a motion for a senior partner well known in the San Diego legal community. On the morning of the hearing, the partner called me into his office and showed me a reported decision in that morning’s advance sheets that went directly against what we had argued in our motion. When we arrived in court, the tentative ruling was in our favor, and it was clear that the judge and opposing counsel had not seen the new case. The partner immediately brought the new decision to the attention of the court, and then tried mightily to distinguish it. We lost the motion, but the experience taught me why the partner was held in such high regard for his integrity and professionalism.
8 SAN DIEGO LAWYER May/June 2015
Renée Galente Galente Ganci, APC I was just learning criminal defense work and was making an appearance for my husband (and law partner). The criminal defense courtrooms and appearances are very different from where I normally appear in the civil arena. I was in chambers waiting my turn and acronyms were flying. I had no idea what people were talking about and thought I was going to have a panic attack! I felt a hand on my elbow and a public defender began interpreting under his breath what was going on. With his guidance, I was able to follow what was going on and learned how to handle my appearance. He didn't have to take the time to help, but he did. I was most appreciative of his professionalism then, and remember each time I go into a criminal defense hearing to do the same for others and pay it forward if I can.
Vincent Bartolotta Thorsnes Bartolotta McGuire LLP This story happened many years ago, but has stuck with me as a great example of civility and professionalism between plaintiffs and defense attorneys and the bench. My partners, Mike Thorsnes and Kevin Quinn, were trying a very emotional brain damaged baby at birth case against Gary Bailey and Al Weismantel in front of Judge Gil Harelson. Over the noon hour, the four lawyers had lunch together to go over some issues for the afternoon session with the jury. It was an extremely hot day. Upon arriving back at Court, and just before the jury was called back into the room, Mike Thorsnes (plaintiff’s attorney) overheard Gary Bailey (defense attorney) say to his co-defense counsel, Al Weismantel, “Oh shoot. I left my coat at the restaurant.” To avoid embarrassment to opposition counsel, Gary Bailey, and just before Judge Harelson took the bench, Mike Thorsnes had all the lawyers remove their jackets. When Judge Harelson took the bench and asked what was up, Thorsnes explained how it was so hot (the air conditioning in the old courthouse never worked well) that he felt it would be best if they all could just remove their jackets. Judge Harelson responded, “Good idea, and I wish I could remove my robe as well.” And they proceeded with trial. Gary Bailey never forgot the courtesy.
HAVE YOU SHARED YOUR CIVILITY STORY? Help us show the country that kindness exists between opponents, that adversaries can get along and that civility is abundant in our profession. If you have witnessed a moment of true professionalism and civility among lawyers, share your story with us on Facebook or Twitter using the hashtag #ProInPractice or #SetTheBarSD, or share your story online at www.sdcba.org/professionalismform.
#ProInPractice
#SetTheBarSD
www.sdcba.org/professionalism May/June 2015 SAN DIEGO LAWYER 9
BY STEPHEN FERRUOLO
DEANS
Changing the California Bar Exam The importance of asking fundamental questions about the bar exam
A
s the State Bar Board of Trustees considers the recommendations from the Committee of Bar Examiners (CBE) that the bar examination be shortened from three days to two, there are many questions being asked and concerns being raised. Many of these have to do with the format and scope of the new exam: Is the proposed allocation, five one-hour essays and one 90-minute performance test on one day and six hours answering 200 multiple-choice questions on the second day, a more efficient way to test “minimum competence in the law?” Would the exam still cover all 13 subjects currently tested? Would having the MultiState Bar Exam (MBE) count for half the grade make the exam less valid for testing writing skills? Would the exam be easier? Remarkably, at a time of worsening bar exam results nationally, a major consideration of the CBE in making its recommendations to change the California bar exam seems to be saving expenses on administration and grading. Before there is a rush to implement any changes, I want to urge the State Bar, and all of us who care about the future of our profession, to ask more fundamental questions about the bar exam. Does either the current three-day bar exam or the proposed two-day exam advance the legal profession? Is the bar exam regime a predictable and reliable licensing system for talented, committed and diverse students who are seeking to become lawyers or is it an unreasonable and costly impediment for accessibility to the legal profession? For context, first consider the most recent California bar passage results, where 31 percent of the July 2014 first-time takers from ABA accredited law schools failed to pass. The results were even worse for the minorities under-represented in the legal profession, with African American first-time
Stephen Ferruolo takers from ABA accredited schools failing at a rate of over 50 percent. Let’s also add to the consideration the fact that fewer students started law school in 2014 than at any time since 1974. Think for a moment about what this means for the number of likely law school graduates (and bar takers) in 2017 and the future demographics of our profession. These facts cause me alarm, not as much as a law school dean, but as a member in good standing of the California bar since 1992, a long-time practitioner and one-time law firm office managing partner who remembers how hard it was, just a few years ago, to recruit talented lawyers, and as a lawyer troubled by the shameful progress our profession has made advancing diversity and opening our ranks to under-represented minorities. It has been well established that the decline in July 2014 bar passage, in California as well as nationally, was largely attributable to the historic decline in the mean MBE scores. According to the National Conference of Bar Examiners (NCBE), which administers the MBE, this decline was attributable solely to the “less able” law school graduates who took the exam, and it had nothing to do with the exam itself nor with the problem that many exam takers, across the country including California, had with ExamSoft on the first
day of the July exam. For months, law school deans and others have asked for additional data from the NCBE to confirm the integrity, reliability and fairness of the test. The NCBE has steadfastly refused to provide such data and callously dismissed our concerns. In response to a letter I sent in January 2015 expressing my concern about the impact of the MBE on access to the legal profession, especially for under-represented minorities and other disadvantaged students, NCBE President Moeser wrote “licensing tests are only the messenger that speaks to the cumulative failure of society,” and she blamed jurisdictions and, in particular, California for setting cut-off scores that are too high. A recent detailed analysis by an expert at Ohio State University, Deborah Merritt, provides compelling evidence that errors in the scoring methodology used by the MBE, related to the ExamSoft debacle and worsened by the practice of scaling essay raw scores to MBE scores, was the more likely cause of the historic decline in July 2014 bar passage rates across the country. There are now renewed calls for both the NCBE and ExamSoft to provide data and to agree to an independent audit of the July 2014 bar exam results, as well as to set up a procedure for the future monitoring of the bar exam for reliability and fairness. Before approving the proposed changes to the bar exam, especially any giving even greater weight to be MBE, the State Bar should require that the July 2014 MBE data be made available. I also urge the State Bar to support the calls for an independent audit of the July 2014 exam results and for greater oversight and accountability of the NCBE. Stephen Ferruolo (lawdean@sandiego.edu) is Dean of the University of San Diego School of Law.
May/June 2015 SAN DIEGO LAWYER 11
BY EDWARD McINT YRE
ETHICS
Too Little, Too Late? We must practice caution in today's cyber world
M
acbeth, Sarah and Duncan filed into the conference room. A man, puffy face scrunched with worry, anger and fear, sat on one side of the table. Macbeth started. “Matt, I’ve assembled the whole brain trust. What happened?” Matt Goldstein cleared his throat. “I’ve been hacked. CARTOON BY GEORGE BREWSTER, JR. Bastards hacked me.” Duncan: “Wow!” gateway to our firm’s files? But let’s get back Sarah took notes. “Can you tell what’s to Matt’s problem.” missing? Firm information? Client stuff?” “Thanks, Macbeth. Okay, I didn’t have “Both. That’s how it looks. Everything.” any of that. So, I guess I’m at fault. Cops “What’ve you done so far?” said they probably got in through an e-mail “Called the cops. Called my bank. Banker attachment. Something I must’ve opened suggested FBI. Called Macbeth. Came here.” on my cell phone. Then into the firm. But Big sweeping gesture. “I feel like an idiot. what do I do now?” Helpless –” Sarah worked on a list. “Let’s start with Macbeth interrupted: “Don’t beat yourself current clients. You have to tell them right up too much, Matt. You’re not alone.” away.” “That’s what my banker said. Little “Can’t I wait? See if anything happens –” consolation –“ “No. This is unquestionably a significant “Your banker’s right. Lawyers are hackers’ development in your representation. Rule low-hanging fruit.” 3-500 says you tell them. Promptly.” Duncan looked up: “How so?” Macbeth: “Sarah’s right. Now how about “We’ve got all manner of confidential former clients? Possible their information information. Clients’ business strategies. was compromised, too?” Pending deals. Acquisitions. Patent “Yes.” applications. Litigation tactics. Medical “Well, we have a duty to preserve a information. A wealth of financial data. client’s confidences beyond the end of the What don’t we have? We’re a privacy representation. Forever, really. Here, that treasure trove.” duty’s arguably breached. I think you have “True, but –“ an obligation to tell your former clients as “Then, when it comes to cyber security, well. Can’t quote a Rule. But I could make a we’re the worst offenders. How many firms strong fiduciary duty argument for it.” have strong firewalls? Or firewalls at all? Sarah added: “Sensible risk mitigation What about lawyers who use public Wi-Fi?” also suggests you tell them. You might ask “Yes, but –“ your carrier. You’re not the first lawyer who’s Macbeth continued, “How many lawyers been hit. Your carrier may have some useful use encryption? Or even have serious suggestions.” passwords? On every device? Including “My carrier?” mobile? Use biometric security?” Macbeth again: “I’m afraid so, my friend. “You mean like your requirement for You have a circumstance you should report. fingerprint Id? On my iPad. Cell phone? You won’t be alone. Citigroup just did an Things like that?” internal report on law firms. Some of Wall “Precisely. Don’t we have client Street’s biggest have had embarrassing confidences on them? Aren’t they a hacks. Smaller firms, too. Their worst sin?
Secrecy. Not telling clients.” Sarah picked up. “Some clients now demand that lawyers install secure cyber systems. As a condition of representation.” Macbeth added: “Ethics guidance is slowly recognizing that we also have a duty of technological competence. 14 states have already adopted revised ABA Model Rule 1.1. It requires technological competence. Especially to safeguard confidential information.” Sarah added: “And in California we have both a COPRAC and a San Diego Ethics Committee opinion. They say the same.” Matt looked at Sarah’s notes. “So, tell my clients. Current and former. Call my carrier. Talk to someone about cyber security. So far so good. Anything else?” “There may be state and federal requirements beyond legal ethics. I’ll have Sarah look for you.” “Thanks – I guess. I’ve had worse days. Just can’t remember when.” Editorial Note Macbeth and Sarah referred to State Bar Opn. 2010-179 and SDCBA Ethics Opn. 2012-1.
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.
May/June 2015 SAN DIEGO LAWYER 13
IN-HOUSE PERSPECTIVE
BY ALIDAD VAKILI
Q & A: Joshua Pearson Associate General Counsel for EDF Renewable Energy
F
or this issue, San Diego Lawyer spoke with Joshua Pearson, Associate General Counsel for EDF Renewable Energy, a company focused on renewable projects with a 25 year history and a portfolio of over 5.9 gigawatts of developed projects (that’s a lot of energy). In speaking with Josh, it became quickly apparent that he is enthusiastic about what he does and enjoys the challenge of learning new things and always striving for improvement. Prior to joining EDF Renewable Energy, Josh practiced at two large law firms where he was a corporate attorney. How did you find your way to your current position? I went to law school at USD and landed a position practicing corporate law at Akin Gump in Austin, TX. In 2005, I transferred to Cooley (then Cooley Godward) in San Diego. “Big-law” work was very rewarding but the hours were significant, and in 2009, I decided to make a bigger time commitment to my family. In addition to a more flexible work schedule, I was very interested to work in-house with a company I felt was making a difference in the world. Fortunately, EDF Renewable Energy (formerly enXco) was looking for someone like me as well. What is something that drives you? Advancing the interests of a global company heavily invested in the transformation of energy generation and consumption. What is one of the biggest challenges you deal with as in-house counsel? Cultivating and reinforcing the reputation of our in-house legal team as a strategic business partner, as opposed to an internal hurdle to be overcome. Any company of even modest size faces resource constraints that demand a certain degree of document review process standardization. Contract review standardization can easily devolve into a perceived “hurdle,” and we are frequently challenged to speed up our internal processes while simultaneously protecting the company and being mindful of unique business goals and directives which require non-standard treatment. 14 SAN DIEGO LAWYER May/June 2015
What advice do you have for young lawyers who are interested in working in-house?
What is important for outside counsel to know about your job to better enable them to serve your needs? During my legal career, the expectations of clients regarding the efficiency, superior advice and response times for counsel have never been higher, and this is true for both in-house and outside counsel. I expect counsel to anticipate my needs and my clients’ desires to stay one step ahead of client demands. How do you define outside counsel's role? The reason I hire outside counsel is because I either (i) don’t have the time and internal resources to handle a given matter, or (ii) don’t have the expertise to handle a given matter. Outside counsel’s role is to handle the matter in its entirety (including providing recommendations with respect to issues with commercial implications), and keep me consistently informed of important developments in the matter. I expect outside counsel to have the experience and expertise to discern which developments need to be brought to my attention for action, and which items can be decided by outside counsel based on their own good judgment and the defined scope of their engagement. What practice areas do you typically find yourself engaged in on a regular basis? Energy and gas sales agreements, renewable energy credit agreements, hedge agreements, grid interconnection agreements, procurement and construction agreements, debt and equity financings, M&A agreements, operation and maintenance agreements, consulting and vendor agreements, corporate governance matters and managing litigation matters.
It is generally very difficult to work in-house straight out of law school. I think the best way to find an in-house position is by working at a firm with a solid reputation (which need not be “big-law”) and wait for a client that is looking to make an in-house hire. Companies seeking in-house counsel highly value subject-matter expertise, so try to identify a firm that will spend the time and resources to train you in an area of interest, and look for firms that have practice expertise in a subject-matter of interest to you. Alidad Vakili (alidad.vakili@klgates.com) is Editor of San Diego Lawyer and a corporate attorney with K&L Gates LLP.
Life Notes Years in practice: 13 Undergrad: Dartmouth College (1997) Law school: University of San Diego School of Law (2001) Favorite quote: “You can observe a lot by watching.” – Yogi Berra Favorite book: The Tipping Point by Malcom Gladwell Hobbies: Home improvement projects; watching San Antonio Spurs NBA basketball (I grew up in San Antonio); travelling with my wife and daughter
Quick Facts Company: EDF Renewable Energy, founded in 1987, has more than 25 years of expertise in the renewable industry, and a portfolio of over 5.9 gigawatts of developed projects and 3.1 gigawatts of installed capacity. EDF Renewable Energy specializes in wind and solar photovoltaic with presence in other segments of the renewable energy market including biogas and biomass. Employees: 1,005 employees Legal Department: Five attorneys with 12 support staff Awards and Accolades: EDF Renewable Energy, an operating division, is the leading provider of third-party operations and maintenance services in North America with over 9,300 megawatts of power under contract.
When making the right decision matters.
CRAIGHIGGS.COM
2015 Service Awards
San Diego Lawyer congratulates all of the 2015 San Diego County Bar Association Service Award winners. Winners were asked the following questions: Why do you serve? What advice would you give others to inspire them to serve?
List three noteworthy people (living or dead) you would invite to dinner. What is one item on your bucket list?
What inspires you to serve?
Why is civility important in our profession?
What is your favorite movie?
Share an example of when another lawyer demonstrated extreme professionalism.
What is your favorite quote? Photos by Lauren Radack
May/June 2015 SAN DIEGO LAWYER 17
Outstanding Attorney of the year
Richard Shaw Higgs Fletcher & Mack LLP Undergrad: University of Oregon Law School: New York University School of Law Years in Practice: 53
Why serve? Service as a tax and business lawyer is challenging and rewarding. Clients and the public can benefit because we are able to assist them in their personal or business affairs leading to a successful experience. Teaching gives me the opportunity to share my experience with young lawyers as well. Advice to serve: Continue breaking away from your office chair and the courtroom. There is a world out there that can profit from your needed help and guidance. Inspirational people and moments: First, JoAnn, my high school sweetheart and since then my wife of 56 years. She is always there to support me and give guidance when helpful in my various lifetime adventures. Next, my father Leland Shaw, a practicing lawyer and career army officer. Watching young scouts grow and mature through scouting adventures always inspires me to work with youth in the community. Speaking to thousands of male Kiwanians at an International Kiwanis Convention on the need to admit women to Kiwanis was rewarding. Professionally, my experience as Chair of the ABA Tax Section promoting tax simplification and fairness before Congress, Treasury and the ABA inspires me to appreciate the need for lawyers to actively seek comprehensive tax reform. Favorite movie: To Kill a Mockingbird, for moral stability. Witness for the Prosecution, for suspense. Favorite quote: Alfred Lord Tennyson’s charge by Ulysses “To Strive, to Seek, to Find, and Not to Yield.” It works for me. I couple that with the golden rule, “Do unto others as you would have them do unto you.” Dinner guests: Always my wife, JoAnn. Leonardo Di Vinci for creativity. Abraham Lincoln to understand him and the trauma of the time. Bucket list: A pleasure trip around the world, now scheduled for October 2015. Importance of civility: The practice of law is a profession, not just a business. As such we are expected to have a higher standard of ethics, morality and the legal skills that will enable us to represent our clients in an aggressive and honest manner leading to positive results. We cannot do our job properly unless we retain high professional standards. 18 SAN DIEGO LAWYER May/June 2015
Outstanding Jurist
Hon. Robert Trentacosta San Diego Superior Court Undergrad: SUNY Binghamton Law School: University of San Diego School of Law Years as San Diego Superior Court Judge: 14
Why serve? Need, opportunity and desire. Advice to serve: Actions inspire. The needs of the children and young adults in our community are staggering. Serve just once, and you will not be able to walk away. Inspirational people and moments: My mother, Dolores. Funny, graceful and great of heart. I presided over a case of a homeless, young schizophrenic man in Behavioral Health Court (BHC). He was deranged, un-medicated, malnourished and disheveled when I first met him. The mental health professionals and lawyers in BHC convinced me to accept him into the program. He received medication, housing and therapy. In a few months, he looked fit and healthy and enrolled in college. He turned out to be an intelligent, sensitive and caring young person. His goals of self-sufficiency and self-respect were realized in the program, yet he went further and volunteered his time and talent as a peer counselor to help others who also suffered from mental illness. Very few will ever know the courage and fortitude required to make that journey. Favorite movie: Always, the one I am waiting expectantly in line to see. Favorite quote: From the prayer of St. Francis: “…where there is injury, pardon; where there is doubt, faith; where there is despair, hope; where there is darkness, light…” Dinner guests: Sandro Botticelli, Mary Magdalene and John Cleese Bucket list: To explore the island of Sardinia by Ducati. Importance of civility: By constitutional decree, our justice system was established in “order to form a more perfect union”. However, our justice system has undergone a devaluation in both monetary and public support. Lawyers behaving with civility and professionalism will positively influence public perception through interaction with clients, jurors, witnesses and beneficiaries of good works by lawyer organizations and individual lawyers and judges. Example of extreme professionalism: A lawyer or judge can never be too extreme in demonstrating professionalism.
Distinguished Citizen
Service to Legal Education
Carmen Kcomt
Andrew Haden
La Maestra Community Health Centers
Undergrad: Stanford University
Undergrad: Universidad San Martin de Porres – Perú
Law School: University of San Diego School of Law
Law School: Universidad Diego Portales- Chile
U.S. Attorney’s Office
Years in practice: 31
Years in practice: 6
Why serve? I always get more out of any service opportunity than whatever it was that I had to contribute.
Why serve? I like to use my knowledge and abilities to serve others in order to help them improve their lives.
Advice to serve: I would remind my colleagues that very few people have accomplished anything on their own. Our successes are typically the result of skill sets and opportunities that were provided by other people. At some point, each person should feel compelled to return the favor.
Advice to serve: I believe advice could be useful but I think that service is a part of your personality and it comes within you. To me serving others is a pleasure and I feel blessed to have the opportunity to be doing it for so long.
Inspirational people and moments: My development has included legal instruction from Justice Huffman, Mike Attanasio, Mary Jo Barr, Alex Landon, Lynne Lasry, Stan Panikowski, Gary Schons, and so many others. In a lot of ways, I think I am inspired to try and “pay it forward.” In 2009, I was hired by USD to coach a group of law students for the American University’s First Amendment moot court competition . We outperformed the opposing teams from several top 25 law schools and advanced to the championship where the students argued their case before several D.C. Circuit Appellate judges. I was so proud of the students and what they had accomplished. I firmly believe that the future-lawyers that are being educated in San Diego can out-think and outperform any opponent they face. They just need to be given the right weapons for the fight, which is where I try to come in. Favorite movie: Saving Private Ryan Favorite quote: “Ask not what your country can do for you – ask what you can do your country.” – John F. Kennedy Dinner guests: Abraham Lincoln, Winston Churchill, and Tina Fey. Bucket list: To take my family on a whitewater rafting trip down the Grand Canyon. Importance of civility: Civility defines the atmosphere in which we work. It also contributes to the perception that the community has of lawyers and our legal system. When the perception of lawyers is damaged or tarnished, the strength of our nation suffers. As lawyers, we should occasionally remind ourselves that our profession was shared by John Adams, John Marshall, and circuit-trial-lawyer Abraham Lincoln. The law is a noble profession and we should act accordingly.
Inspirational people and moments: There are many needs, so much sadness, so much injustice, so much suffering and if I can do something to help I feel fine and I feed my soul. I am lucky to have many inspiring moments in my work; working with human trafficking victims is a great opportunity to be a witness of big changes in people’s lives. I had many cases that I started working with the client since she or he had run away from the trafficker and after many months or so I see the client free, relaxed, working legally, being independent, reunited with family, this is a rewarding feeling very difficult to describe. Favorite movie: I have many: Braveheart, The Last Samurai, The Reader, lately, The Imitation Game and The Theory of Everything. Favorite quote: I have many; I compiled them in a notebook. Here is one: “Let your soul be your pilot.” – Sting Dinner guest: My father. Bucket list: To go on a humanitarian mission working with child soldiers. Importance of civility: I believe that many times general public do generalize and have a misconception of lawyers but I believe it would be great to spread awareness that many lawyers believe in social justice and they do represent people with no voice. Example of extreme professionalism: I had a friend lawyer that was a conscious objector in his country, following his values he refused to enroll in the military service and for that he was expelled and degraded publicly and sent to a non-developed country to serve for two years. I admire people that will keep their values over anything else even their own wellbeing.
May/June 2015 SAN DIEGO LAWYER 19
Service to the Legal Profession
Community Service
Audie de Castro de Castro, P.C.
Betty Evans Boone
Undergrad: University of San Diego
Undergrad: Centenary College
Law School: University of San Francisco School of Law
Law School: University of San Diego School of Law
Years in practice: 16
Years in practice: 50
Why serve? Very simply, it is the right thing to do. Advice to serve: Make a positive impact in a person’s life in any way, and that will be one of your greatest satisfactions. Inspirational people and moments: It inspires me whenever I see others making a real difference in the lives of others. Many years ago, I helped a young widow on a pro bona basis. She had no money and three children to support. Several years later, she called me one day out of the blue to thank me. Favorite movie: Philadelphia and Rocky Favorite quote: ”Make it happen!” Dinner guests: Philippine President Benigno Aquino III, former President Bill Clinton, and Muhammad Ali or Manny Pacquiao. Bucket list: Buy a vacation home in the Philippines. Importance of civility: I think civility is an important attribute that helps build trust in our profession, and that helps issues get more easily resolved. It is important for the public because a favorable perception of lawyers allows the public to trust the advice of lawyers even more, and giving reliable advice is one of our important roles. Example of extreme professionalism: I settled a dispute with a lawyer last year, and the lawyer was extremely professional and civil in all phases, even when “arguing” with me. His phone mannerisms and correspondence were impeccable. I was impressed and it made me re-assess how I could approach other disputes.
Advice to serve: Have the courage to follow your passion and listen to your intuition. Inspirational people and moments: The formation of the Lawyers Club of San Diego was first announced in the July 1972 issue of the County Bar’s monthly magazine, Dicta. Its unofficial goals were “to improve the status of women in the legal profession and in the community, promote the appointment of women judges, encourage women to enter the legal profession, and promote legislative reform”. Membership was open to all active members of the State Bar (men and women alike) who paid the $5 annual dues. I am a charter member of Lawyers Club and still a staunch supporter of its goals.. Throughout the past 40+ years I have become increasingly dedicated to the work of its History and Archives Committee which seeks to locate and preserve historical documents relevant to the founding and mission of Lawyers Club, to capture reflections and biographies of people who have been participants in the organization, and provide historical as well as current context to women’s struggles in the legal community and in the workplace. The committee also provides articles of interest for Lawyers Club publications and participates in various Lawyers Club events. Favorite movie: Wizard of Oz Favorite quote: “John . . . I long to hear that you have declared an independency -- and by the way in the new Code of Laws which I suppose it will be necessary for you to make I desire you would Remember the Ladies, and be more generous and favourable to them than your ancestors….. If perticuliar [sic] care and attention is not paid to the Laidies [sic] we are determined to foment a Rebelion [sic], and will not hold ourselves bound by any Laws in which we have no voice, or Representation. . . .” --Abigail Adams, Letter of 31 Mar 1776 to husband Dinner guests: Abigail Adams (1744-1818); Eleanor Roosevelt (1884-1962); Hillary Clinton, Presidential Candidate Bucket list: A week in Paris. Importance of civility: “Uncivil or unprofessional conduct not only disserves the individual involved, it demeans the profession as a whole and our system of justice.” [California Attorney Guidelines of Civility and Professionalism, adopted by the Board of Governors of the State Bar on July 20, 2007]
20 SAN DIEGO LAWYER May/June 2015
Service to Diversity
Service by a Public Attorney
Kimberly Ahrens
Gregg McClain
The Ahrens Law Office
San Diego District Attorney’s Office
Undergrad: San Diego State University
Undergrad: University of Southern California
Law School: California Western School of Law
Law School: University of San Diego School of Law
Years in practice: 8
Why serve? Embracing diversity is one of the most effective ways to become a better attorney. Everyone brings a different perspective to the table. That perspective is formed by differences, whether it is our race, gender, sexual orientation, gender identity or religion. One of my goals is to encourage diversity and inclusion for all people. I serve to meet this goal. Advice to serve: The best way to stand out is to stand up for causes that are important to you. If one does not come to mind, think of the last time an injustice twisted your gut – that’s your cause. Inspirational people and moments: I am deeply inspired by the unnecessary suffering many minority and LGBT groups are forced to endure on a daily basis. Through both my volunteer work with legal clinics and representing victims of discrimination I have witnessed the toll bullying and physical abuse takes on a person. Some of the most memorable victims are those who suffered physical abuse at the hands of their spouse, emotional abuse because of their gender identity and bullying because of their sexual orientation. It is both the suffering and bravery of these victims that inspires me to work in a legal field that promotes diversity and equality in the workplace and at our schools. Favorite movie: Annie (Original) Favorite quote: “It is not our differences that divide us. It is our inability to recognize, accept, and celebrate those differences.” – Audre Lorde Dinner guests: Maya Angelou, Malala Yousafzai, Laverne Cox Bucket list: Travel the world with my camera.
Years in practice: 32
Why serve? I don’t think of it as serving. I think of it as being lucky enough to work and teach with a wonderful group of judges and attorneys. The fact that the concept of service comes out of that is just my attempt to give to others what has been given to me. Advice to serve: It’s your legal community. Consider what you want it to be as you make your way through it. Now nudge it in that direction. Inspirational people and moments: The idea that anything I do is called service is odd. It is merely my attempt to give to others what has been given to me. I am inspired by Former DA Ed Miller, Judge Napoleon Jones, Judge Joe Littlejohn, Judge Dave Gill and Judge Bill Kennedy among many others. This example is not so much a service moment per se but definitely inspiring: A defendant as a condition of probation was to obtain his AA degree. He eventually got a BA degree and went to law school. Favorite movie: Star Wars Favorite quote: “We must all suffer one of two things – the pain of discipline or the pain of regret or disappointment.” Dinner guests: Thomas Jefferson, Barack Obama, Tina Fey Bucket list: Flying in an F-18 (oh done that – thanks, Pat). Importance of civility: We are by nature a competitive bunch. The legal machine runs smoother if we can be passionate about our cases but maintain a sense of humor.
Importance of civility: As members of the bar we represent the face of the legal profession to the public. Part of our responsibility is to build trust between our profession and the general public because trust is the cornerstone of every attorney-client relationship. The only way to build trust is to practice law with integrity, civility and professionalism. Ironically, those are also the best ways to build a stellar reputation. Example of extreme professionalism: Professionalism and civility are tested in those moments when you are being treated in an unprofessional manner. I am always impressed by attorneys who take the high road in these types of tough situations.
May/June 2015 SAN DIEGO LAWYER 21
Public Service by a Law Firm or Agency
California Innocence Project
Distinguished Organization
Juvenile Court Book Club Year Established: 1996
Year Established: 1999
Attorneys on Board of Directors: 6
Attorneys: 7
Non-Attorneys on Board: 11
Staff: 1
President: Jennifer Lawson
Director: Professor Justin Brooks
Past President: Barbara Gross
California Innocence Project Director Justin Brooks provided the following: Why serve? Nothing feels better than using my skills and training to help others. I love the sense of fulfillment I get when I think I am contributing to making someone else’s life better. Advice to serve: Think about the last day of your career and what you will look back upon. Money will be spent, but the memories of helping others will be yours forever.
Juvenile Court Book Club President Jennifer Lawson and Immediate Past President Barbara Gross provided the following: Why serve? Giving incarcerated teens books and talking with them monthly may seem small, but sometimes small kindnesses have larger reaches than you expect. Our goal is to show them other perspectives and ways of life and to let them know that we care about them and want to see them do good things when they are released.
Inspirational people and moments: My wrongfully convicted clients and their families. My students also inspire me every day to do my best.
Advice to serve: Find your passion, whatever inspires you to want to change the world, and start there.
Walking Timothy Atkins out of prison after 23 years of wrongful incarceration.
Inspirational people and moments: The teens we work with. We love hearing their opinions at book club and seeing the gratitude in their faces for the time we spend with them.
Favorite movie: The Shawshank Redemption – a movie about innocence, justice, and everything that is wrong with our prison system. I also love Groundhog Day.
The kids who say they’d never read a book all the way through until they read the Book Club title. And then they say they want to read another, now they know they can.
Favorite quote: “Injustice anywhere is a threat to justice everywhere.” – Martin Luther King, Jr.
Favorite movie: Jennifer: Not to be the cliché librarian, but I’ll go with the various Jane Austen BBC movies and the Lord of the Rings trilogy.
Dinner guests: Bruce Springsteen, Jerry Garcia, and Kurt Vonnegut. Bucket list: Walking 500 miles across Spain on the Camino de Santiago. I plan on doing it this summer. Importance of civility: Lack of civility can lead to lawyers making decisions based on their negative feelings toward opposing counsel. Those decisions can have terrible and unjust impact on clients. Lawyers should set an example of civility. Example of extreme professionalism: Bonnie Dumanis sitting down with our office to review potential wrongful convictions as opposed to fighting us to defend the convictions even if they were unjust. This process is responsible for the exonerations of two innocent men (Ken Marsh and Uriah Courtney).
22 SAN DIEGO LAWYER May/June 2015
Favorite quote: Jennifer: “All we have to decide is what to do with the time that is given us.” – Gandalf Dinner guests: Barbara: President Obama, Ruth Bader Ginsberg and Dana Torres. Bucket list: Jennifer: I’d love to make it back to Italy and travel the length of the country. Importance of civility: Barbara: It helps attorneys keep an open mind and clear head when dealing with the difficulties we experience. It’s important for me that the public have a favorable perception of lawyers, so that they trust the judicial system. Example of extreme professionalism: Barbara: Just recently, opposing counsel filed a late brief in a bankruptcy case and called me to apologize. He stated I could have as much time as I wanted, up to the date of the hearing if necessary to reply. So nice!
Outstanding Service by a New Lawyer
Ben Aguilar Law Offices of Ben Aguilar Undergrad: UC Irvine Law School: Thomas Jefferson School of Law Years in practice: 3
2015 Law Week STUDENT poster contest WINNERS For this year’s Law Week Poster & Essay Contest, local students submitted works speaking to the theme “Magna Carta: A Symbol of Freedom Under the Law.” Here are the winning entries. FIRST PLACE, GRADES 4-6
Carly Berglas, Marshall Middle School
Why serve? I have been blessed with wonderful opportunities and incredible teachers, mentors, and role models that truly inspire me to give back to the community. Advice to serve: Find your passion. Find a cause you believe in and make a commitment to that cause. Attorneys are fortunate to have the privilege to practice law and it is up to all of us to find the grace to share this gift with others. Inspirational people and moments: Equality and justice are ideals that inspire me to serve. Individuals that were brave enough to speak up when it was unpopular and dangerous to stand up for equality and justice definitely have my admiration and respect.
FIRST PLACE, GRADES 7-9
Bridget Braden, Santa Sophia Academy
During my clerkship in Moscow, Russia, I drafted and filed human rights violations complaints before the European Court of Human Rights (ECHR) on behalf of Russian nationals. Some of the cases that I worked on led to findings by the ECHR that the Russian government had violated the human rights of those Russian nationals. Knowing that their rights were vindicated left me with a feeling that being a lawyer could allow me to really make a difference for justice and human rights. Favorite movie: Life As A House Favorite quote: “What we do for ourselves dies with us. What we do for others and the world remains and is immortal.” – Albert Pine Dinner guests: Justice Ruth B. Ginsburg, Leonardo Da Vinci, Harvey Milk
FIRST PLACE, GRADES 7-9
Kasie Murdock, Valhalla High School
Bucket List: The dream is to one day buy and manage a beachfront restaurant in Barcelona, Spain. Importance of civility: Civility and professionalism are crucial to a successful law practice. In our profession courtesy can often be perceived as a sign of weakness, but civility is likely the only way in which we can frame expectations of trust and respect as we attempt to reach resolution. Example of extreme professionalism: I recently lost a loved one and I was incredibly touched when opposing counsel called to inquire if there was anything that he could do to help me prepare for a hearing that we had pending before the court the following week.
Turn to page 25 for the Law Week Student Essay Contest winning entries.
May/June 2015 SAN DIEGO LAWYER 23
Awards Luncheon and celebration of community Service Friends, family and colleagues gathered at the Westin San Diego on May 1 to congratulate the 2015 SDCBA Service Award winners and to celebrate the spirit of giving back. Thank you to our luncheon sponsors AHERN Insurance Brokerage, Hughes Marino and Torrey Pines Bank.
2015 Law Week Poster & Essay Contest Winners
2015 SDCBA Service Award Winners
Hon. Carolyn Caietti
Hon. Robert Trentacosta
Carmen Kcomt
Kimberly Ahrens
Andrew Haden
Ben Aguilar
Gregg McClain
Audie de Castro
Richard Huver and Betty Boone PHOTOS BY JASON DE ALBA 24 SAN DIEGO LAWYER May/June 2015
2015 Law Week STUDENT ESSAY Contest WINNERS FIRST PLACE, GRADES 9-12
FIRST PLACE, GRADES 6-8
Kaylee Bossé, Mount Carmel High School
Mary Hartmeier, St. Vincent De Paul
Magna Carta: A Timeless Treasure It is an unlikely meeting of important individuals: the shadows of stern, watchful barons loom over the desk at which King John sits, grudgingly perusing the momentous document in question. Finally, with a swift movement of his quill pen, the King reluctantly relinquishes a sizeable portion of his vast authority as the noblemen, now significant shareholders in the stock of regal power, look on triumphantly. In the blink of an eye, the course of history is changed forever. Looking back, one may wonder how a document written so long ago could wield such a profound influence on the American legal system today. By establishing the important precedent of limiting kingly power, the Magna Carta served as the indirect catalyst to several similar monumental events in history, including the American Revolution. Just as the barons rose up against King John when their freedoms as noblemen were taken away, the colonists rebelled when their basic rights were usurped by King George III. In this way, the Magna Carta helped to inspire freedom under the law by molding an independence-loving American people. Contempt for corrupt monarchies and the spark of self-determination then led the colonists to develop foundational liberty-preserving principles. Today, the influence of the Magna Carta lives on as Americans enjoy guaranteed rights such as due process, freedom of speech, and the freedom of religion that remain un-infringed upon under the protection of the beloved Constitution. Ultimately, the Magna Carta is the root of the American commitment to protect the unalienable rights of an individual.
The Magna Carta: A Symbol of Freedom under the Law Sometimes, we assume that all laws restrict freedom, but the theory could not be more erroneous. Unfair laws restrain our rights; however, just laws, such as the ones expressed in the Magna Carta, not only preserve our freedom, but also enhance it. Although it was signed in 1215, the Magna Carta has affected governments ever since. It was one of the first steps towards limited government and fundamental rights for all. Unfortunately, we often take it for granted and think it is no longer any use to us, but the Magna Carta set an important precedent for many other documents of freedom, such as the English Bill of Rights and the U.S. Constitution. Anyone who has studied these papers can see the evidence of the Magna Carta’s influence within all of them. For instance, all three guarantee the right to a fair trial and exemption from excessive fines. Similarly, the Magna Carta’s influence is evident in the organization of power in many governments. For example, in accordance with the Magna Carta’s proclamation of the king not being above the law, the primary leaders in countries such as The United States of America have to answer to the law too. Overall, the Magna Carta, although an old document, still guides many governments today. Like many other factors in life, the law is a tool that can be utilized in a good or bad way. It is the chisel used to shape the stone of our freedom; we can use it to either break down the stone entirely or to transform it into something beautiful. Because it used the law in a beneficial way, the Magna Carta did achieve something beautiful; a freedom the likes of which had never been seen before.
EMERGING LAWYERS: APPROACH YOUR SDCBA AMBASSADORS At the next SDCBA event, look for “Bar Ambassadors” wearing this badge. These long-time SDCBA members provide a wealth of knowledge and want to help you get integrated with the SDCBA and our legal community. They will be at SDCBA networking and educational events throughout the year, so be sure to seek them out and say hello!
May/June 2015 SAN DIEGO LAWYER 25
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STRENGTH IN NUMBERS San Diego attorneys, along with lawyers nationwide, have a strong culture of serving others. Here are some facts to show the different ways we give back and the impact it has on our community.
LOCAL PROGRAMS: In 2014 Legal Aid Society of San Diego (LASSD) provided legal services in cases and LASSD’s volunteers included:
10,042
131 attorneys and 114 law students.
Each year the San Diego Lawyer Volunteer Program has more than 300 attorneys and law students volunteer and helps more than 5,000 clients.
95% 20%
78%
of pro bono service is provided in family law matters
of lawyers said the pro bono legal tasks they offer are providing advice
63% of lawyers said the pro bono legal tasks they offer are reviewing documents
97%
of attorneys indicated that tasks provided for their most recent typical pro bono experience were consistent with their expectations and within their area of expertise of attorneys agree that pro bono makes a difference in improving equal justice under the law
*Supporting Justice III, A Report on the Pro Bono Work of America’s Lawyers, The ABA Standing Committee on Pro Bono and Public Service, 2013 Chicago, IL.
OTHER WAYS SDCBA MEMBERS GIVE BACK PORTER READERS:
45
volunteer readers read at 2 different Porter Elementary School campuses
SERVICE-RELATED COMMITTEES
398 55
members belong to the SDCBA’s Community Service Committee people trained last year to apply for a stay of proceedings in cases for active servicemembers through the SDCBA’s Servicemembers Civil Relief Act Program
CLEAN UPS
54
Volunteers attended the most recent Bench-Bar Beach Clean Up
On April 25, SDCBA members volunteered for the I Love A Clean San Diego Creek to Bay Cleanup where...
5,700 volunteers removed: 125,000 pounds of trash and recyclables
at 106 sites countywide!
Looking to volunteer? The SDCBA offers numerous community service opportunities and lists a variety of partner volunteer programs on our website at www.sdcba.org/volunteer.
SERVING SAN DIEGO San Diego's lawyers have a reputation for doing good By Christopher Todd
W
ant to know a nice little secret about attorneys in our community? Throughout the state, San Diego lawyers are admired for their dedication to pro bono services. “San Diego is way ahead of the game in terms of pro bono self-help assistance through court-based clinics,” says Sara Raffer Lee, Senior Attorney/Pro Bono Program Manager at Legal Aid Society of San Diego. “In 2014, 7,600 people received assistance at Legal Aid’s court locations.” And an additional 5,300 people were assisted at court-based legal clinics operated by San Diego Volunteer Lawyer Program (SDVLP). How great is that? An average of 35 people per day were helped last year with free legal advice at San Diego’s regional courthouses. While many of these recipients were helped in the domestic courts, there are needs for attorneys with a broader skill set as well, for instance with the Servicemembers Civil Relief Act (SCRA) Pro Bono Panel Program. Beginning in 2009, a group of committed bar association leaders, headed by then-SDCBA president Heather Rosing, developed a model SCRA pro bono program designed to assist deployed active duty military personnel who would otherwise be subject to suit. Says Rosing: “We believe the program to be one of the first of its kind in the nation, and we regularly receive inquiries from other bar associations and pro bono groups about what we do and how we do it.” The concept is simple, and the program provides a time-sensitive opportunity to lawyers who want to help. Rosing continues: “Our pro bono attorneys appear in court on a limited scope basis to help stay actions pending against active duty personnel, so the servicemember can focus on national defense,” rather than be hailed back to court proceedings in a far-away jurisdiction. The program is effective,
28 SAN DIEGO LAWYER May/June 2015
particularly when the servicemember truly needs assistance. “Thank you for what you have done for me. God bless you,” says a grateful servicemember who was recently helped. The SDCBA provides other avenues for traditional, and not so traditional, volunteer attorney help through its Community Service Committee (which recently merged with the Children at Risk Committee). Chaired by Anna Romanskaya and vicechaired by Brigid Campo, the Community Service Committee provides diverse outlets to help those in need. Offering opportunities to help with literacy days at local elementary schools, with peer mediation programs, with beach cleanup days and food service at shelters, the committee gives many lawyers the chance to make a difference. In addition to helping others, providing pro bono service opens other doors for those who participate. “For me, when I was a brand new attorney in a new community, having leaders like Anna who were very involved in community service efforts encouraged me to become more involved and seek out opportunities to give back. As a result, I was able to make many great connections professionally, as well as important friendships,” says Campo. Campo also finds that recent pro bono case work puts her on the cutting edge of legal developments. “I am assisting on an interesting family law/immigration crossover case, and some of the laws pertaining to the case are newly enacted. We are working to update our briefing in the matter with new case law published just within the last few weeks.” Thus, Campo’s pro bono service puts her on the front lines in a very exciting and developing field. Romanskaya, who will also assume the chair of the ABA’s Young Lawyers Division in 2016-2017, sees pro bono and community
service as an opportunity to network with others. She notes: “People are getting more creative in their meetings, such as getting together for a walk, instead of meeting at a restaurant or bar. It seems like people are also seeing community service and volunteering opportunities as networking options as well, which offer the ability to get to know someone on a more casual basis.” In addition, pro bono service gives San Diego attorneys an opportunity to regularly step out of their comfort zones. At SDVLP, it is not unusual for intellectual property attorneys to volunteer to work on disability and family law cases, for employment attorneys to take on medical debt and tax cases, and for construction defect attorneys to handle sensitive domestic violence hearings. According to Amy Fitzpatrick, Executive Director of SDVLP, more firms and in-house legal departments have started to designate lawyers to serve as pro bono coordinators to better manage the pro bono work. Likewise, recently admitted attorneys are getting involved with pro bono work as a way to develop broader skills. Fitzpatrick states, “San Diego Volunteer Lawyer Program dedicates a significant amount of time to training and mentoring new attorneys. We have a deep interest in ensuring that these attorneys develop a life-long commitment to pro bono service. There will always be San Diegans who cannot afford to hire a lawyer, but desperately need legal assistance. The work we accomplish together through pro bono partnerships is a meaningful investment in the lives of San Diego’s most vulnerable residents.” Pro bono: all pro’s, no con’s. Give it a try. Christopher Todd (ctodd@wingertlaw.com) is a partner with Wingert Grebing Brubaker & Juskie LLP.
Our Federal Court's Own Pro Bono Program By Edward McIntyre In August 2011, our district judges unanimously adopted a formal plan to appoint lawyers to represent pro se, indigent litigants in civil cases. Typical clients are either prisoners in custody, or former prisoners, with civil rights claims; most have survived summary judgment, so the lawyer has likely earned a federal civil trial. To join the pro bono panel, lawyers or firms apply to the court;1 once accepted, they stand ready for a judge presiding over a particular case to make the appointment. Lawyers participating in the pro se program have been surprised at their newfound clients’ legal sophistication. “My murderer client’s such a sweet guy,” one lawyer observed. “And quick! Wow.” As often happens when representing non-indigent, non-pro se clients, appointed lawyers have client-control issues, facing the need to tamp down unrealistic expectations. Karen Beretsky, the court’s pro bono administrator, says that some 50 firms and individual attorneys are panel members. “More are always welcome.” Participation not only gives lawyers an ideal opportunity to assist our court address efficiently pro se civil rights cases—with Donovan State Prison in our backyard—but also provides the opportunity for trial, an ever-rarer event. Magistrate Judge Bartick, who presided over one of the first pro bono civil rights trials—two Ballard Spahr lawyers successfully represented the plaintiff—described the panel as a “unique and a tremendous opportunity for attorneys. They are provided a civil case that is essentially trial ready. I can think of no better way for an attorney to serve our community while gaining valuable trial experience.” Whatever the outcome, lawyers may seek expense reimbursement under Local Rule 83.8(a)(2), and the civil rights statutes allow victorious plaintiffs attorney fees. Litigant, court and lawyer all benefit. What more can we ask? 1
Appointment standards are in the Court’s General Order No. 596, dated August 3, 2011. https://www.casd.uscourts.gov/
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T
he American Bar Association suggests that annually each attorney provide 50 hours of pro bono service. For many, doing the first hour is the hardest. Concerns and obstacles can range from fear of providing services in an unfamiliar area of law to not knowing where services are needed and how to get involved. Most attorneys don’t lack the desire to help, it is finding pro bono opportunities that fit their training, interests and time constraints that can prove difficult. Many attorneys are stalled when their area of practice doesn’t intersect with the pro bono needs in their community. Attorneys at the intellectual property law firm Fish & Richardson couldn’t find a pro bono outlet for their patent law expertise until the Americans Invent Act passed in 2013. As part of that Act, the U.S. Patent and Trademark Office founded the California Inventors Assistance Program (CIAP) to assist financially under-resourced, independent inventors and small businesses in securing intellectual property protection by partnering them with law firm lawyers, in-house counsel and pro-se attorneys with expertise in patent law. In-house counsel are also involved with
30 SAN DIEGO LAWYER May/June 2015
CIAP, including several attorneys from Intel. Before the creation of CIAP, the Intel legal team had difficulties finding pro bono opportunities. The company has donated upwards of $10,000 a year to CIAP, and with 50 patent attorneys on staff, Intel has been able to leverage its expertise to the benefit of many CIAP clients. CIAP is coordinated through the California Lawyers for the Arts. This organization provides representation and dispute resolution to artists throughout the state in a broad range of areas including employment, taxes and even immigration and naturalization. For attorneys who enjoy supporting the arts, this is a great pro bono
outlet. The SoCal Pro Bono Center is also a good resource for finding pro bono opportunities as it matches attorneys with programs though an online programs guide based upon area of law and types of clients to be assisted. In less than five minutes you can find opportunities ranging from helping veterans with homelessness matters to assisting farmer works with immigration and naturalization issues. According to a study published in 2015 by the American Bar Association, one of the issues holding lawyers back from doing pro bono work is institutional support. Many firms don’t provide the internal
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www.ethics-lawyer.com Ethics Lawyer David Cameron
Carr
encouragement that allow attorneys to take the time to do pro bono work. Some firms are working to change that dynamic. However, many firms view pro bono work as an excellent way for attorneys to develop skills such as working one-on-one and developing relationships with clients, experience in a courtroom, and legal writing and negotiation skills development. While mid-size and large firms have the resources to develop in-house pro bono programs, one stumbling block for small firms and solos – and even in-house counsel – is the issue of malpractice insurance coverage. Many companies do not carry such insurance on their in-house legal teams; solo attorneys and small law firms may not have coverage either. Be sure to ask about insurance before volunteering. Many pro bono organizations carry malpractice insurance that also extends coverage its volunteers, including the San Diego Volunteer Lawyer Program (SDVLP) and the Legal Aid Society of San Diego (LASSD). Both organizations also hold training programs for attorneys.
SDVLP and LASSD are a great options for attorneys who are looking to learn new skills through volunteering. Knowing ahead of time how you want to structure your experience will help you to maximize the rewards of pro bono work. If you are considering pro bono work, here are few things to consider: •
What do you want to learn and gain from the experience?
•
What types of causes are you passionate about?
•
How much time do you have to offer?
•
Would you want to take on a complex matter or do you prefer simple, straightforward projects?
•
Are you willing to absorb out of pocket expenses? If so, how much?
To the right are a few of the many resources available to San Diego-area lawyers who are interested in pursuing pro bono work. Teresa Warren (twarren@tw2marketing.com) is president of TW2 Marketing, Inc.
If you are interested in offering pro bono legal services, consider contacting the following local organizations: San Diego Volunteer Lawyer Program www.sdvlp.org Legal Aid Society of San Diego www.lassd.org Casa Cornelia Law Center www.casacornelia.org SoCal Pro Bono Center www.californiaprobono.org/socal California Inventors Assistance Program www.calawyersforthearts.org/CIAP California Lawyers for the Arts www.calawyersforthearts.org
How to Network: Get Out and Do Things. With People. By Sam Glover This article was originally published on Lawyerist.com.
I
n college, and then law school, career counselors always pronounced Networking just like that—in italics and with capital letters, as if it were a foreign proper noun or something. They made it sound like Networking was a formula: schedule meeting, exchange cards, and Presto!, you’ve got a job. Or a mentor. Or a client. Or something. Do things without any expectation of referrals or business. That’s not the point, even if it is usually the end result. This isn’t marketing. It’s un-marketing, if you need a buzz word.
breakfast. Drink beer. Go to a game. Volunteer (not necessarily doing lawyer things). Play kickball. Have a barbecue. Go to a fundraiser. In other words, do normal things.
card. And none of that will help, because it’s Networking, not networking.
Do things without any expectation of referrals or business. That’s not the point, even if it is usually the end result. This isn’t marketing. It’s un-marketing, if you need a buzz word.
So make friends.
Whatever you hope to get out of networking—mentoring, referrals, clients, friends—here is the only real formula: Get out and do things. With people.
Eventually, I figured out what most people who are successful at networking eventually figure out: Whatever Networking may be, real networking is just getting out and doing things with people. It doesn’t necessarily require an appointment or a suit or a stack of business cards. In fact, it is usually better without those things.
Which people should you get out and do things with? Friends, neighbors, family, colleagues. Pretty much anyone.
How to fail at networking
Skip the gurus; learn to make friends
The one surefire way to fail at networking is to try Networking while you are networking. Go ahead and whip out your business card and try to talk about how you can “add value” to someone else’s business while volunteering at the homeless shelter or watching Monday Night Football with your college friends. See how well that works. The harder you try to Network, the less well you are probably doing it. People generally don’t like it when you try to sell yourself to them. Or beg from them.
What things to do and which people to do them with So what kind of things should you get out and do with people? Anything. Eat
You can even network online, if you want to. There is no magic to that, either. Make friends. Build relationships. Take them offline.
There are a lot of consultants, coaches, and gurus out there who will charge you a lot of money for their 60-day marketing boot camp. I’m sure there are crystals or pyramids or chihauhas involved, or something. If you are tempted to turn to the next marketing guru coach you see for a magic Networking formula, save your money, because I’ve got the secret right here: Get out and do things. With people. In other words: make friends. It’s hard to come up with a “system” for making friends. You have to make it sound really important on which lapel you to put your name tag, and over-analyze what you should say as you hand over your business
You know who knows, likes, and trusts you? Your friends. And probably a lot of your acquaintances. I know this scares the heck out of the introverts, who would much rather sit and home and bang out LinkedIn updates. But no matter how effective your social media campaign (and I have my doubts), getting out and doing things with people is the most effective way to generate referrals, find mentors, and discover resources. Whatever you hope to get out of networking—mentoring, referrals, clients, friends—here is the only real formula: Get out and do things. With people.
Sam Glover has been writing about technology, law practice management, marketing, and more on Lawyerist since he started it in 2007. He also writes about Formula One and the law at Formulaw1, consumer law at Caveat Emptor, productivity hacks at Most Important Tasks, and occasionally updates his personal blog.
May/June 2015 SAN DIEGO LAWYER 33
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the art of disagreeing without being disagreeable A plaintiff's attorney and defense attorney agree: civility is the best medicine to combat unprofessional adversaries
By Richard Huver, 2015 SDCBA President
Alexandra Selfridge
Timothy Blood
President San Diego Defense Lawyers
President Consumer Attorneys of San Diego
The Law Offices of Kenneth N. Greenfield
Blood Hurst & O'Reardon, LLP
Adversaries. Opponents. Attorneys zealously representing their clients. Whether in litigation matters or contractual negotiations, family law or criminal law, there are almost always opposing sides on every legal matter. How we interact with each other can often dictate whether a case resolves, a contract is negotiated, a matter escalates or goes away. For this issue, we hear from the Presidents of the associations that are on the opposite sides of litigation – Tim Blood, President of Consumer Attorneys of San Diego, and Alexandra Selfridge, President of San Diego Defense Lawyers. They will offer their thoughts on how to maintain professionalism and civility in even the most difficult of situations.
#SetTheBarSD 34 SAN DIEGO LAWYER May/June 2015
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We are all taught in law school that we are to be zealous advocates for our clients. How do you practice zealous advocacy without engaging in unprofessional behavior? Selfridge: I don’t like my first contact to be a demurrer or a set of written discovery. I try to reach out to opposing counsel with an initial phone call to introduce myself, because I think it sets the tone for the rest of the litigation. I try to accommodate requests from opposing counsel if at all possible. In other words, I pick and choose my battles. If my position is challenged, I do my best to reexamine my position and to remain flexible. If you advocate for your client in a way that damages your relationship with opposing counsel, it will catch up with you. You will need to fight more battles, and you will cost your client more money. Ultimately, you won’t be the best advocate you can be for your client. Blood: For me, zealous advocacy and unprofessional behavior are mutually exclusive, not complimentary. Unprofessional behavior results in bad advocacy, particularly over the course of the legal representation. Think of it this way. Good lawyering is exercising the art of persuasion to obtain a particular result for your client in a cost effective manner. In getting that good result cost effectively, professionalism is zealous advocacy. Honey works better than vinegar, be it with flies or opposing counsel. As a plaintiff’s lawyer, spending hours and effort needlessly fighting with defense counsel is a waste of time and money. Squabbles move the litigation sideways, not forward. Squabbles also cause people to lose focus on real issues in the case. Focusing on the real issues is the only way to obtain the best outcome for your client. Good settlements result from good preparation. I’ve yet to see the value of a case determined by the number of nasty letters or e-mails exchanged. From the standpoint of running a plaintiff’s practice, it is also bad for business. Plaintiff’s lawyers are more financially successful by litigating
efficiently, not litigating aimlessly or overly-aggressively. And as a plaintiff’s lawyer, at the end of the day I’m the one who will be asking for money. It seems counterproductive to needlessly irritate the person you will be asking to give you money. I suppose at first blush a defense lawyer may be happy to be on the receiving end of a needlessly aggressive plaintiff’s lawyer, since more hours can be billed. But it seems like clients want good outcomes and find no joy paying their lawyer to needlessly spar with another lawyer. I also think the best lawyering requires developing good relationships so lawyers can speak to each other. Obtaining a needed extension, providing flexibility with scheduling and candid discussions about resolving issues in the case or the case itself all require a foundation of professional, even cordial behavior. No one likes a jerk. You run across an adversary who continues to aggressively work the case to the point of acting unprofessional and rude. How do you handle that type of adversary? Selfridge: I remain as professional as possible, and “kill with kindness.” Responding to rudeness with more rudeness just escalates the situation. I avoid personal attacks of any kind, even if I am on the receiving end of such attacks. I try to find out which method of communication is the most successful with that particular adversary. Some attorneys communicate better and are more polite on the telephone, whereas others are better with written communication. I try to get to know opposing counsel, and let them get to know me. It’s more difficult to be rude and unprofessional to someone you see as another human being, and not just an adversary. Blood: I like to “out-reasonable” the other side. I want to be more willing to make sensible accommodations and more accepting of sensible, efficient ways of getting things done than my adversary.
When I come across a lawyer who wants to “out-reasonable” me, then the litigation goes forward efficiently because it allows everyone to get to the crux of the case. The litigation can still be hard fought, but it’ll be hard fought were it matters. The same approach works great with unprofessional and rude lawyers. I think the key is persistency. Continue to work hard at being cooperative, friendly and pleasant, while overlooking the bad behavior, unless it actually threatens to hurt your client’s position. In my experience, the rude lawyer on the other side isn’t actually rude, but is just acting from preconceived notions of what their opponent is supposed to be like. They act badly because they expect you to act badly, self-fulfilling the prophesy. Persistently show them the preconceived notion was inaccurate, and they usually come around. There are members who are in their first few years of practice. What advice do you have for them when they run up against a more senior opposing counsel who tries to take advantage of their relative inexperience, perhaps to the point of trying to bully them? Selfridge: Unfortunately, this is pretty common. Don’t let it rattle you, and definitely don’t “rise to the bait.” Try to remember that this kind of behavior often comes from a place of insecurity - anyone who acts that way is not very confident about the merits of their case. Just thoroughly prepare for any proceedings where you will interact with opposing counsel, and try to rise above any inappropriate behavior. Blood: Stay calm. Stick to your guns. Listen carefully. Sometimes more senior lawyers will try to test the mettle of younger ones. Take, for example, obnoxious and disruptive objections during a deposition. The young lawyer can’t let the more senior opposing counsel throw them off, preventing the younger lawyer from getting the information they need. On the other hand, the objections may be valid and the younger lawyer may be better served
May/June 2015 SAN DIEGO LAWYER 35
Disagreeing without being disagreeable
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to take the hint and improve his or her questions. Having a screaming match isn’t going to solve the problem – by that point, you’ve already lost. Instead, calmly assess what is happening and why, maybe ask for a stop to the bad behavior, but ignore the nonsense and stay focused on the goal, whether it be obtaining good testimony, persuading a court of your position or negotiating. Once the bully figures out that bullying won’t trip you up, the bullying will stop. In this world of multiple channels of electronic communication, what dangers do you see in using e-mail as your primary form of communication? Selfridge: Because it’s so easy to send an e-mail, I think people tend to just send the e-mail rather than pick up the phone. If the parties need to discuss a contentious issue, often using the phone is best. Because e-mails can be prepared so quickly, there is the danger that tone can be misinterpreted. Further, sometimes people send e-mails in the
heat of the moment, without the cooling off period that comes with sending a traditional letter. Blood: E-mail makes so many lawyer tasks easier. And it is omnipresent, convenient, and fosters informal communication. But its informality and ease of use have downsides. First, e-mails can be misunderstood. They feel like an informal conversation, but the recipient is just receiving words, stripped of the context of carefully crafted formal writings and the physical and the verbal cues of oral conversations. It’s easy for an e-mail’s intended meaning to get lost. I try to keep this in mind when sending e-mails and when reading them. If I receive an e-mail with a tone that seems negative or hostile, I try to give the sender the benefit of the doubt or try to find out the true intent. And if I send an e-mail that seems to be misinterpreted, I apologize for being unclear and try again. E-mails also seem to make many people a bit reckless. When sitting alone at one’s
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desk, it’s easy to type out a quick, tough sounding e-mail. “I’ll show him.” Instead of proving a point, the e-mail looks unreasonable or disproportionate to the situation. There is no actual requirement that one has to immediately respond to every e-mail, even though there almost seems like there is. A good response often takes time and several drafts, so I often flag the e-mail to get back to it later or draft a response, but wait to send it. Some of my best e-mails have been “I’ll give you a call in a moment.” Finally, e-mails create a written record and that written record will persuasively convey context, tone and the various positions taken on the subject of the e-mails. I try to abide by the rule of not sending an e-mail I wouldn’t mind a judge viewing in open court. Richard Huver (rhuver@huverlaw.com) is with The Huver Law Firm and is President of the SDCBA.
“If we do not maintain justice, justice will not maintain us…” -Francis Bacon
Because all people deserve justice, the San Diego County Bar Foundation supports over 30 legal aid and public interest organizations including…
The Access Center of San Diego Access, Inc. American Civil Liberties Union Foundation Becky’s House Casa Cornelia Law Center Casa de Amparo Catholic Charities Center for Community Solutions Children at Risk Children’s Advocacy Institute at the University of San Diego Coming Home to Stay The Community Resource Center The Crime Victims Fund Elder Law and Advocacy Hannah’s House Home of Guiding Hands Homeless Court International Rescue Committee Kids Included Together Kids Turn San Diego La Cuna, Inc.
Labor Training and Community Development Alliance Las Valientes Legal Aid Society of San Diego License to Freedom Parkinson’s Association of San Diego County Peninsula Family YMCA Saint Clare’s Home San Diego Advocates for Social Justice San Diego Coastkeeper San Diego Family Justice Center San Diego Justice Foundation San Diego Superior Court San Diego Teen Court, Inc. San Diego Volunteer Lawyer Program Second Chance Southwest Center for Asian Pacific American Law Voices for Children Volunteers in Parole of San Diego County Women’s Resource Fair YMCA of San Diego County YWCA of San Diego County
You can help us succeed. Please visit www.sdcbf.org to make a donation or learn more about our mission. 1333 7th Avenue, Suite 101 San Diego, CA 92101
619.231.7015
PHOTOS BY DARIN WESSEL
Your Representatives at the Conference of Delegates The inner-workings of the SDCBA's Conference of Delegates By Brody Burns On October 9-11, 2015, the California Conference of Bar Associations (CCBA) will hold their annual Conference of Delegates in Anaheim. The conference is the culmination of a year-long process where attorneys from all over the state work on legislation and rule changes which directly impact the legal profession. More than 30 voluntary bar associations are members of the CCBA, which includes both specialty and regional bar associations, such as the San Diego County Bar Association (SDCBA). These members work to “promote creative, non-partisan solutions to law-related issues for the benefit of Californians.” To achieve these solutions, member associations present resolutions at the conference. Darin Wessel, Chair of the SDCBA Conference of Delegates Committee, represents the SDCBA at CCBA each year.
38 SAN DIEGO LAWYER May/June 2015
Darin recognizes the important role these resolutions play in crafting solutions. He said, “The ideas behind the resolutions are normally prompted by a problem encountered in the attorney’s practice or by the issuance of a problematic appellate court decision.” Due to their proximity to many problems, attorneys are in an ideal situation to submit solutions in the form of resolutions. Wessel described the CCBA as being “one of the most successful organizations” in getting legislation introduced and passed into law. He spoke directly about this success, explaining: “This is in large part because of the vetting process and the fact that many of the resolutions address simple fixes in the law that would otherwise be missed if it weren’t for the active participation of the lawyers in the various delegations.” In October 2015, the SDCBA will send
a delegation to the conference and generally each local bar association sends a delegation. Active SDCBA members become delegates through an application and appointment process through which the SDCBA Board of Directors can thoroughly vet qualified candidates. The current SDCBA delegation features a number of attorneys from a wide variety of personal and professional backgrounds and Wessel spoke about the importance of this diversity in achieving their mission. “Diversity in the Committee’s delegation members is critical. That diversity helps bring personal experience and expertise to the various topics addressed at the conference through resolutions, which helps all of the members in making better informed decisions on whether to vote to approve or disapprove any given resolution.”
Those votes on resolutions occur at the conference. This voting process is the byproduct of a drafting, review and submissions process involving individual delegations and the Resolutions Committee of the CCBA. The submission deadline for resolutions expired on March 15 and 100 resolutions were submitted. However, this number is likely to increase with late and emergency filings. The SDCBA submitted 11 resolutions for this year’s conference. Wessel gave his overall impression of the resolutions, “There are some new and interesting resolutions that will likely spur significant debate at the Conference. There are some that are technical, noncontroversial fixes that will likely pass through without debate.” A number of the more interesting resolutions include: expanding standing in juvenile dependency cases to include biological mothers and fathers who might not be the current legal parents; prohibiting after-acquired evidence defense in Fair Employment Housing Act cases; establishing a statewide protocol and training on use of tear gas; increasing minimum auto insurance limits; creating a program for limited term licensing of attorney spouses of active duty military members (SDCBA resolution); allowing conversion of domestic partnerships to marriage that maintains original date of domestic partnership; and increasing the legal age to buy tobacco products to 21.
Each resolution will be published in the coming months, and arguments and counter-arguments will be posted for public access. Then, the Resolutions Committee will review each resolution, publish further comments and make formal recommendations on action to be taken regarding the resolution. Finally, at the Conference, the resolutions will either take the recommended action of the Resolutions Committee or will be subject to debate and vote by the conference. Resolutions which are passed are then lobbied to the California Legislature, with contributions from CCBA lobbyist Larry Doyle. Passage of a resolution into law can be a major achievement, and Wessel was quick to remember one such moment. He said, “My most rewarding moment as a Delegate was being presented with a copy of the enacted legislation based on my resolution which was signed by the Legislator that sponsored the bill.” Participation can be rewarding in a variety of other ways as Wessel highlighted, “This is a great opportunity to make lasting friendships with lawyers in other practice areas while improving the law and it is a way to effect positive changes in the law outside of litigation.” Brody Burns (brodyburns@sandiego.edu) is a student at the University of San Diego School of Law.
DIRECTORY OF EXPERTS AND CONSULTANTS
2015 SDCBA Conference of Delegates Committee: Darin Wessel Manning & Kass, Ellrod, Ramirez, Trester, LLP Merrianne Dean The Dean Law Group, APLC Robert Dieringer San Diego Elder Law Center Peter Flournoy International Law Offices of San Diego Karen Frostrom Thorsnes, Bartolotta, McGuire LLP David Greeley Seltzer, Caplan, McMahon & Vitek Alex Landon Law Offices of Alex Landon Phillip Lindsley San Diego Elder Law Center
Sally Lorang San Diego County Department of Agriculture, Weights and Measures Robert Lynn Law Offices of Robert H. Lynn Stephen Marsh McKenna Long & Aldridge LLP Lilys McCoy Thomas Jefferson School of Law Richard McCue Law Offices of Richard McCue James Talley Galyean, Talley & Wood
EYEWITNESS EXPERT TESTIMONY: 46 years of forensic psychology experience with pretrial consultations and frequent court testimony regarding factors known to influence the validity of eyewitness report. Pretrial consultation can include choosing foils for live lineups and selecting jurors. Trial testimony includes charts to explain the results of scientific research demonstrating factors known to influence eyewitness identification accuracy. Thomas R. MacSpeiden, Ph.D., (619) 294-4044, fax: (619) 295-4113, e-mail: macspeidenphd@ nethere.com
Howard Wayne State of California Attorney General
FOR INFORMATION ABOUT ADVERTISING, CONTACT THE SDCBA AT 619-231-0781.
Kevin Yee Albertson & Davidson LLP
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FLYING INTO THE SCENE Legal implications may arise with the growing drone industry By Professor Jorge Vargas “Drones,” – officially known as small unmanned aircraft systems (UAS) , unmanned aerial vehicles (UAV) or remotely piloted aerial systems (RPAS) – have generated incredible technological and business revolutions all over the world, especially in the United States and in the European Union. 1 When President Barack Obama first signed an update to the Federal Administration Act (FAA) on February 14, 2012, he funded its implementation with $63 billion dollars and the FAA announced plans to “integrate unmanned aircraft into the national space by 2015.” On June 25, 2014, the Federal Register (Vol. 79, No. 122) published an “Interpretation of the Special Rule for Model Aircraft” regarding the scope of the special rule for model aircraft found in section 336 of the FAA Modernization and Reform Act of 2012. Recently (on Feb. 15, 2015 ) the FAA, in an attempt to bring order to increasingly chaotic skies, proposed long-awaited rules on the commercial use of small drones, (a) requiring operators to be certified, (b)
fly drones only during daylight and (c) keep their aircraft in sight.2 It should be noted that the FAA has worked on the rules for several years, and their release only begins a period of public comment and possible revision that could take as long as two years before they take effect. The proposed regulations would cover only non-recreational unmanned aircraft weighing up to 55 pounds, and would not apply to the recreational use of drones, which have become hugely popular with “hobbyists” and are covered by other rules. However, the FAA said it was considering additional rules to cover some uses of the smallest drones – so called “microdrones” – weighing less than 4.4 pounds. The use of small drones has grown exponentially all over the country for multiple and varied uses: military, commercial, scientific, recreational, industrial, law enforcement, movies and theater, medical, etc. Michael P. Huerta, the FAA administrator, said: “We have tried to be flexible in writing these rules. We want to maintain today’s
outstanding level of aviation safety without placing an undue regulatory burden on an emerging industry.”3 On February 15, 2015, President Obama signed a memorandum requiring government agencies to report publicly each year a “general summary” on their drone use, although the order includes a loophole allowing secrecy for operations involving national security and law enforcement. 4 Originally designed for military purposes, “drones” quickly moved out of this limited and controversial setting and invaded the world of business, technology, science, academia and entertainment. Today, the Department of Defense is reaching out to include cooperative research, development, test and evaluation of regulatory/standard agreements of defense technologies and systems with foreign partners. In 2009, the European Union (EU) developed a comprehensive plan to manufacture and use drones for a wide and as yet unlimited range of purposes. A special report published in The Netherlands last year indicates that the EU already
Eurodrones Inc. A Report by Ben Hayes, Chris Jones and Eric Topfer. Statewatch, TNI, Amsterdam (2014). F.A.A. Rules Would Limit Commercial Drone Use by Scott Shane, The NYTimes, February 16, 2015. See also FAA unveils drone rules; Obama orders policy for agencies. USA Today, Feb. 15, 2015 and FAA Unmanned Aircraft Systems (UAS), Regulations and Policies, https://www.faa.gov/uas/regulations_policies. 3 NYTimes, Ib. 4 See Presidential Memorandum: Promoting Economic Competitiveness while Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems. The White House, Office of the Press Secretary, February 15, 2015. 1 2
FLYING INTO THE SCENE allocated 500 million Euros “to develop and promote drones by many member states.” The high level of foreign investments in the EU in this area have given the EU the new name of “Eurodrones, Inc.” 5 In Latin America, Mexico, Brazil and Argentina moved quickly to acquire this modern technology. Contrary to the original military uses associated with these devices, Latin American countries have been quick to employ UAS for peaceful purposes. In general, developing countries in Asia and Africa are already using drones in a variety of interesting applications: 1) information gathering; 2) salvage operations on land and in the sea; 3) monitoring and protection of oil and gas ducts; 4) control and protection of archeological sites; 5) marine scientific research; 6) maritime patrolling; 7) movies and TV programs; 8) detection of forest fires; 9) security monitoring inside buildings, including offices, schools, private homes; 10) animal conservation, etc. The variety and usefulness of these aerial vehicles have recently convinced the United Nations to use them in peacekeeping operations in the Democratic Republic of Congo. Clearly, the future of UAS is to be found not in military applications but in the development of “Drones for peaceful purposes,” having received a strong backing by the United Nations. For the last five years, the Department of Homeland Security has been using drones to monitor the U.S. border with Mexico and today, San Diego is the venue of General Atomics Aeronautical Systems, Inc. (GAAS) which is the company that manufactures the “Reaper” and the MQ“Predator,” the two most efficient and lethal of all the drones used by the United States. GAAS Inc. is a leading manufacturer of Remotely Piloted Aircraft (RPA), tactical reconnaissance radars, and electro-optic surveillance systems. 6 During one of his visits to the U.S., Mexico’s President Felipe Calderon Hinojosa was so impressed by a demonstration of drones that he acquired several for the use of the Mexican Army. In 2009, Mexico’s Secretariat of Defense (Sedena) acquired the Hermes 450, manufactured by the
Israeli company “Elbit” and today, Sedena operates three “Hermes” which monitor Mexico’s international boundary with Guatemala. The Mexican Navy (Secretaría de Marina y Armada de México) instead of buying drones decided to manufacture them; so, in 2011 Marina set up a technical team of Naval engineers who produced their own drones. After investing $4 million pesos, the Mexican Navy designed a VANT and a Mini-Vant – two Mexican drones that they are using for a number of marine and naval oriented operations. The success of this initiative made an impact on the Engineering Schools in a number of Mexican academic institutions, i.e., Universidad Nacional Autónoma de México (UNAM), the Monterrey Tec (Instituto Tecnológico de Monterrey) and the well-known IPN (Instituto Politécnico Nacional); these are heavily engaged today in designing and testing different types of drones for a variety of uses. Schools of Engineering in the United States, Mexico and other countries in Latin America are already in the process of launching Master’s Programs for the study, design and construction of drones. It is likely that some universities in San Diego may soon join this novel and lucrative academic trend. The most direct connection San Diego has with the burgeoning drone industry, is that our city is home to General Atomics Aeronautical Systems, Inc. (GAAS), one of the top drone manufactures in the U.S. According to a recent survey, in addition to GAAS, there are other companies in San Diego associated with drones (i.e., software, design, adaptations to specific uses, etc.) and drone boosters are convinced the local industries are poised to take off soon. From a Mexican perspective, the Secretariat of Communications and Transport (SCT) in Mexico City – through its Dirección General de Aeronáutica Civil – is already in the process of preparing rules to regulate drone flights to guarantee the safety of commercial airplanes. It is expected that these rules may follow those recently published by President Obama. According to a survey, “more than 2,000 jobs in the region, mostly in the North County, were directly tied to defense-oriented drones as of 2011.” 7
Jorge Astiazarán, Mayor of Tijuana, declared that “he is preparing to buy several small unmanned aircraft for the city to monitor traffic, evaluate accident scenes, detect landslides and control wildfires,” making Tijuana one of the first municipal governments in Mexico to use drones. Early this year, Tijuana negotiated a contract with 3D Robotics here in San Diego and acquired two 3DR Ready-to-Fly Quad drones. Each of these drones weighs 6.6 pounds and can carry up to 2.2 pounds, according to Guillermo Romero, general manager of the company’s plant in Tijuana, as reported by The San Diego Union. Puebla is the second city in Mexico using remotely piloted drones. It is expected that major cities like Monterrey, Puebla, Guadalajara, Toluca, San Luis Potosí, Torreón and Mexico City will soon join this trend. Major Mexican companies, starting with PEMEX and followed by manufacturing centers building cars, trucks and airplanes throughout Mexico are expected to acquire drones for security and commercial purposes. The recent enactment of Rules on the commercial use of small drones by the FAA and the Presidential Memorandum by President Obama, promoting economic competitiveness in the domestic use of aircraft systems, are proof of the vigorous impulse the drone industry is receiving already in our country. This novel and challenging technological area will demand tremendous legal expertise at the domestic and international levels to be provided by San Diego and by other California law firms in the areas of patents, intellectual property, contracts, technology transfer, corporate law, taxes, Mexican law, etc. At the same time, this forthcoming “drone revolution” is likely to influence the development of academic programs at law schools on drone regulations as well as programs for the design and construction of drones in technological institutions both in the United States and Mexico. Jorge Vargas (mexlaw@sandiego.edu) is a professor at the University of San Diego School of Law.
See Eurodrones, supra 1. Predator-Series Aircraft Pivotal to Search and Rescue Missions (Press Release), General Atomics Aeronautical Systems, Inc. 7 What we Know about San Diego’s Drone Industry by Lisa Halverstadt, Voice of San Diego (May 23, 2014). 5 6
May/June 2015 SAN DIEGO LAWYER 41
BAR HISTORY
BY GEORGE BRE WSTER
Rewind: A Visit from the Hall of Fame Little is known about Vince Lombardi’s visit with the SDCBA over 45 years ago
The May 1969 DICTA has within it a small announcement that Vince Lombardi would be speaking at the May 9, 1969 meeting of the San Diego County Bar Association at the Hotel Del Coronado. (As an unfortunate sign of the times, the invitation to Bar members was extended to “wives and guests.”) Subsequent issues of DICTA say nothing more about this event. So, what happened? First, a little background; Lombardi was best known as the head coach of the Green Bay Packers during the 1960s. Under his tenure, Green Bay won five National Football League championships in seven years, including winning the first two Super Bowls (1966, 1967). The NFL’s Super Bowl trophy is named for Lombardi. After coaching Green Bay from 1959 to 1967, Lombardi stayed on as general manager until 1969, when he left to coach the Washington Redskins. The Redskins finished the season with their first winning record in 14 years. In May 1969, Lombardi was a big deal – and about to embark as the coach for Washington. Getting him to speak at a San Diego County Bar Association dinner meeting was quite the coup, especially for the co-chairs of the Bar’s program committee, J. Wesley Fry (California Bar 1960) and William Todd Smith (California Bar 1952, now deceased). Why nothing appears in later DICTAs is unknown. However, in the June 28, 1969 edition of the San Diego Union is a story on Lombardi’s appearance, moved to a June 27
meeting because of “football’s realignment problems”. Lombardi spoke on the topic “Are Character Values Anachronistic?” “I’ll talk about football – that’s what I am, football,” he is quoted as saying at a pre-event press conference. “And about the discipline part of football and its carryover to this country.” Lombardi noted that he missed working with players while acting as general manager (1968), saying that he came back to coach so he wouldn’t feel old. He was then 56. He concluded the press conference by saying, in Lombardi fashion: “Only one thing matters, and that’s winning.” His remarks at the Bar dinner go unreported, and efforts to locate anyone who attended failed – so we may never know what he told those attending the Bar dinner. Less than a year later, on June 24, 1970, hospital tests revealed a fast-growing malignant cancer; he was admitted to Georgetown University Hospital on July 27 and exploratory surgery found that the cancer was terminal. Among the many well-wishers was President Richard Nixon, who told Lombardi that all of America was behind him. Lombardi died September 3, 1970 at the age of 57. George Brewster, Jr. (george.brewster@sdcounty.ca.gov) is Chief Deputy for the Office of County Counsel. U-T Research assistance provided by Andrea Monk.
Distinctions Brown Law Group founder Janice Brown was recently appointed to the California Department of Insurance’s Insurance Diversity Task Force for 2015-16.
Procopio, Cory, Hargreaves & Savitch (Procopio) partner Craig Ramseyer was elected to the PKD (Polycystic Kidney Disease) Foundation’s national board of directors.
Marian Gaston was sworn in as judge for the San Diego Superior Court on April 13.
John Miles, Procopio associate, was elected to the board of directors for Include Autism.
San Diego Superior Court Judge Carol Isackson retired in April after serving 14 years on the bench.
Dhillon Law Group associate Taylor Bloom was recently elected Co-Chair of the California Republican Lawyers Association.
Correction In the article "Journeys: Branching Off," featured in the March/April 2015 issue of San Diego Lawyer, we inadvertently printed the incorrect firm name for Patricia Zlaket. Patricia Zlaket is the owner of Zlaket Law Offices, APC. The SDCBA staff regrets this error. 42 SAN DIEGO LAWYER May/June 2015
Training is Critical to Serve the Under-Represented By Teresa Warren In May of 1978 President Jimmy Carter addressed the Los Angeles County Bar Association and stated, “No resources of talent and training in our own society, even including the medical care, is more wastefully or unfairly distributed than legal skills. Ninety percent of our lawyers serve 10 percent of our people. We are overlawyered and under-represented.” Sadly, in 2015, that statement is still true. For 32 years, San Diego Volunteer Lawyer Program, Inc., has served a crucial role in the fight for fundamental human rights for low-income families, elders, and persons with disabilities – the very individuals that President Carter deemed “underrepresented.” SDVLP’s role as a provider of direct legal services is clear; not so recognized is another role that SDVLP has quietly assumed: training San Diego County attorneys. As thousands of local attorneys can attest, SDVLP provides in-the-trenches, high-quality and fast-paced legal training.
For thousands of local attorneys, SDVLP has served as an undeclared institution for learning how to diligently practice law in a professional, client-centered and ethical way. The key to SDVLP’s effective educational model lies in its simplicity – provide sufficient training and supervision to volunteer attorneys to ensure that clients receive the highest quality of legal assistance. For each area of law practiced at SDVLP, there is an SDVLP staff attorney well-versed in the substantive law and practice. These staff attorneys provide mentorship, sample pleadings and the type of insight that can only be provided by an attorney who has personally and recently handled cases before the same judges or administrative bodies before whom the volunteers will be appearing. SDVLP’s model is based on the simple belief that an individual can learn the law on their own, but an effective lawyer comes from supervised practice and experience.
SDVLP makes available to new and experienced attorneys alike a combination of training models. For example, every Wednesday afternoon, SDVLP’s family law attorneys provide one hour classroom training followed by two hours of supervised training in a clinical setting assisting actual clients. SDVLP also provides similar training in guardianship, education law, with a focus on assisting youth in foster care, eviction defense, HIV/AIDS discrimination, public benefits, domestic violence, elder abuse, immigration for youth, and child custody disputes. SDVLP serves as a cornerstone institution of practice-based learning for San Diego County’s legal community and is committed to training diligent, ethical and dedicated attorneys. To learn more please contact Parisa IjadiMaghsoodi, SDVLP’s pro bono coordinator at pijadi@sdvlp.org Teresa Warren (twarren@tw2marketing.com) is president of TW2 Marketing, Inc.
The San Diego Superior Court, San Diego County Bar Association & The Society of Professional Journalists Present:
#SDLAW:
What you need to know about Social Media Today
June 10, 2015
5:30 p.m. - 7:30 p.m. SDCBA Conference Center 401 West A Street, Suite 120 San Diego, CA 92101
Speakers: Matthew Hall
Society of Professional Journalists San Diego Chapter
Hon. Jeffrey Barton San Diego Superior Court
Renee Galente Galente Ganci APC
Hear perspectives from the bench, bar, and media in this dynamic presentation about what you need to be aware of in the constantly changing social media world, and considerations that affect what’s happening in the courtroom.
To register visit www.sdcba.org/benchbarmedia
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.
Allen, Semelsberger & Kaelin, LLP Andrews Lagasse Branch & Bell LLP Atkinson, Andelson, Loya, Ruud & Romo Austin, Brownwood, Cannon & Santa Cruz Balestreri Potocki & Holmes Basie & Fritz Beamer, Lauth, Steinley & Bond, LLP Belsky & Associates Bender & Gritz, APLC Bernstein Litowitz Berger & Grossman LLP Best Best & Krieger, LLP Blackmar, Principe & Schmelter APC Blanchard Krasner & French Bonnie R. Moss & Associates Brierton, Jones & Jones, LLP Brown Law Group Buchanan Ingersoll & Rooney PC Butz Dunn & DeSantis APC Casey Gerry Schenk Francavilla Blatt & Penfield, LLP Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer Del Mar Law Group, LLP Dietz, Gilmor & Chazen APC District Attorney’s Office Dostart Clapp Hannik & Coveney, LLP Duckor Spradling Metzger & Wynne English & Gloven APC Epsten Grinnell & Howell, APC Farmer Case & Fedor Finch, Thornton & Baird, LLP Fitzgerald Knaier LLP 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 Henderson, Caverly, Pum & Charney LLP Higgs Fletcher & Mack LLP Hooper, Lundy & Bookman, PC Horton, Oberrecht, Kirkpatrick & Martha, APC Hughes & Pizzuto, APC Jackson Lewis PC Judkins, Glatt & Hulme LLP Kirby & McGuinn APC Kirby Noonan Lance & Hoge LLP
44 SAN DIEGO LAWYER May/June 2015
Klinedinst PC Konoske Akiyama | Brust 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 McKenna Long & Aldridge LLP Men’s Legal Center Family Law Advocates Miller, Monson, Peshel, Polacek & Hoshaw Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Neil, Dymott, Frank, McFall & Trexler APLC Office of the San Diego City Attorney Olins Riviere Coates and Bagula, LLP 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 | Mullen LLP Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Ballard & Cauley LLP Seltzer | Caplan | McMahon | Vitek ALC 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 Taylor | Anderson, LLP Thorsnes Bartolotta McGuire LLP 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 Allen D. Haynie Van E. Haynie Rhonda J. Holmes Richard A. Huver Laura H. Miller Gerald S. Mulder Hon. Leo S. Papas, (Ret.) 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 Carl L. Sheeler 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 N. Greenfield Ronald Leigh Greenwald Ajay K. Gupta Philip P. Lindsley Marguerite C. Lorenz Antonio Maldonado Robert E. McGinnis Raymond J. Navarro Peggy S. Onstott Anthony J. Passante, Jr. Anne Perry Kristi E. Pfister Justin Reckers Joseph Angelo Sammartino Stella Shvil Stuart H. Swett
PHOTO GALLERY BAR FOUNDATION DISTINGUISHED LAWYER MEMORIAL Photos provided by the San Diego County Bar Foundation On April 22, the San Diego County Bar Foundation, the charitable arm of the SDCBA, held their Distinguished Lawyer Memorial Reception, where they honored those who have demonstrated superior legal skills, high ethical standards and service to their community.
Diana Khoury
L-R: James Gilpin, Joseph Ergastolo, Diana Khoury
BENCH-BAR LAW WEEK STUDENT POSTER & ESSAY CONTEST JUDGING
Roberta Thyfault
Hon. Jay Bloom
Attorneys and judges gathered to vote on their favorite entries for the annual Law Week Student Poster & Essay Contest, a Bench-Bar community service effort. The student winners were recognized at the SDCBA's Annual Awards Luncheon & Celebration of Community Service on May 1.
Hon. Pennie McLaughlin May/June 2015 SAN DIEGO LAWYER 45
PHOTO GALLERY ETHNIC RELATIONS & DIVERSITY COMMITTEE MIXER The SDCBA's Ethnic Relations & Diversity Committee held their annual Spring Mixer on April 23 at the Higgs Fletcher & Mack offices.
Jason Collins and John Carroll
TOM HOMANN LGBT BAR ASSOCIATION DINNER Photos by Jeff Brown
L-R: Hon. Michael Groch, Hon. Tamila Ipema, Hon. Paula Rosenstein, Hon. David Danielsen
On April 30, the Tom Homman LGBT Bar Association hosted (THLA) its 22nd Annual Dinner featuring keynote speaker Jason Collins, the first openly gay player in the NBA.
2015-2016 THLA Board of Directors
ADVERTISERS INDEX ADR Services, Inc......................................... 2 AHERN Insurance........................................ 48 Albertson & Davidson LLP..................... 32 Berman & Riedel, LLP................................ 31 CaseyGerry .................................................... 3 CPT Special Needs Trusts....................... 39 Craig Higgs .................................................... 15 46 SAN DIEGO LAWYER May/June 2015
David Cameron Carr................................. 30 Eyewitness Expert Testimony.............. 39 Fragomen, Del Rey, Bernsen & Loewy, LLP.................................................. 5 Gomez Trial Attorneys............................. 12 Judicate West ............................................... 36 Kathryn Karcher........................................... 26
Law Offices of Terry L. Gilbeau........... 26 LawPay.............................................................. 10 Lawyer Referral & Information Service.16 Ron Stuart Mens Clothing..................... 29 San Diego County Bar Foundation .37 Thorsnes Bartolotta McGuire LLP..... 7
BUILD YOUR PRACTICE As an SDCBA member, you have access to discounts on products and services from top companies in the legal profession and beyond. Take your practice to the next level with the exclusive savings offered through our member benefit partners.
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