TM
MAR/APR 2016
SOLO PRACTITIONERS & SMALL FIRMS
INSIDE THE DIY LAW PRACTICE
+PLUS National Attorney Groups Invade Downtown San Diego Military Branches Out: The Movement to Accept Transgendered Servicemembers
2 The number of San Diego attorneys recognized among California’s Top 25 Plaintiffs Lawyers
Congratulations CaseyGerry partners David S. Casey, Jr. and Robert J. Francavilla for this well deserved recognition by the Los Angeles Daily Journal.
www.caseygerry.com Dedicated to the Pursuit of Justice since 1947. San Diego Office – 110 Laurel Street, San Diego, CA 92101 | 619-238-1811 | 800-292-5865 North County Office – 120 Birmingham Drive, Suite 120E, Cardiff by the Sea, CA 92007 | 760-743-8448
CONTENTS
Page
25
Page
Page
36
45
Features 17
Embracing the Business Mindset Growing solos and small firms must learn to transition from legal mind to business mind By Janice Brown
19
Social Media Marketing for the Solo and Small Firm The benefits of utilizing social media to get yourself and your firm "out there" By Renée Galente
24
Count the Ways Bar benefits add up
25
How I Practice SDCBA members tell us what makes their practice unique Featuring Claudia Garcia, Matthew Mesnik and Kris Mukherji
33
Ethics – Wall to Wall The Association of Professional Responsibility Lawyers met in San Diego in February – ethics discussions were aplenty
Departments 34
ABA Midyear Meeting Reflections The recent ABA Midyear Meeting in San Diego yielded high attendance and fresh ideas By Bhashini Weerasinghe
7
Why I Belong Get to know SDCBA member Danna Nicholas
8
36
One Day at a Time Day-by-day with SDCBA President Heather Riley
By Gary Barthel
11
Military Branches Out The crusade to accept transgender servicemembers
39
Veterans Treatment Court Alternate legal solutions for veterans charged with a crime By Renée Galente
41
History Brief: How the Southern District Came to Be The story behind the establishment of the Southern District of California By Hon. William Howatt (Ret.)
Deans Service and learning are closely connected By Thomas Guernsey
15
Technology Technological developments continue pushing legal professionals to keep up By Bill Kammer
22
Tips 10 ways to maximize workplace efficiency By Michael Hernandez
42
New Year, New Space The San Diego Law Library has big plans for its North County branch By Cheryl Weeks-Frey
13
Ethics Let's hook up! Of counsel, of course. But it's not for everyone By Edward McIntyre
45
Gallery Our community in action out of the office and courtroom
Follow San Diego Lawyer! sandiegolawyermagazine
@SDLmagazine
By Edward McIntyre
Issue no. 2. San Diego Lawyer™ (ISSN: 1096-1887) is published bimonthly by the San Diego County Bar Association, 401 West A Street, Suite 1100, San Diego, CA 92101. Phone is 619-231-0781. The price 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 © 2016 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 Editorial Board.
4 SAN DIEGO LAWYER March/April 2016
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SAN DIEGO COUNTY BAR ASSOCIATION
WHY I BELONG THE JOURNAL OF THE SAN DIEGO COUNTY BAR ASSOCIATION
Danna Nicholas
Office of the San Diego City Attorney Education: Howard University, B.A.; California Western School of Law, J.D.
Co-Editors Edward McIntyre Christine Pangan
Area of Practice: I just switched to civil litigation after working many years in criminal prosecution and defense.
Editorial Board Stephenie Alexander Hali Anderson Craig Benner Elizabeth Blust George Brewster, Jr. Brody Burns Barry Carlton James Crosby Jeremy Evans Michelle Evenson Frantz Farreau
Renée Galente Eric Ganci Michael Hernandez Andrea Monk Erik Nelson Suzanne Schmidt Danwill Schwender David Seto Christopher Todd Alidad Vakili Teresa Warren
Cartoonist George Brewster, Jr.
SAN DIEGO COUNTY BAR ASSOCIATION
Executive Director & Chief Executive Officer Ellen Miller-Sharp
Director of Outreach Strategy & Chief Communications Officer Karen Korr
Graphic Designer/Webmaster Attiba Royster
Publications Editor Jenna Little
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401 West A Street, Suite 1100, San Diego, CA 92101 Phone 619-231-0781 bar@sdcba.org Fax 619-338-0042 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.
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Proudest career moment: I have been blessed with so many great experiences in my career including: holding slumlords accountable for deplorable substandard housing conditions; obtaining a favorable jury verdict in less than 15 minutes; and being complimented on my legal writing by the Chief Justice of the Alaska Supreme Court. Family: I have two awesome elementary school aged sons. Birthplace: I was born in Louisiana but was raised in Alaska. Current area of residence: East County If I weren’t an attorney, I think I would be a kindergarten teacher or a rheumatologist. The best thing about being an attorney is being able to use my talents to help people. Last vacation: The Magic Castle in Los Angeles Favorite website: YouTube. You can learn to make or do anything on YouTube. Hobbies: Bowling, cooking, dancing, crocheting, listening to music and watching sports Favorite book: Their Eyes Were Watching God by Zora Neale Hurston Favorite musical artist and/or group: I love music so it is hard to pick just one. My all-time favorites include: Louis Armstrong, Etta James, the Four Tops, The Rolling Stones, Kathleen Battle, LaTonya Moore, Michael Jackson, The Beach Boys, and Depeche Mode. Favorite food: Cotton candy and brussel sprouts Why do you belong to the SDCBA? Being a member of the SDCBA allows me to network with judges and other lawyers. The SDCBA also provides a host of opportunities for professional development without the need to travel outside of the county. How does your SDCBA membership help keep you connected to the legal community? I have participated in programs designed for both personal and professional development of members. There are also purely social activities like “Werewolf” that allow you get to know other lawyers in a non-work setting. What makes San Diego’s bar so special? The SDCBA recognizes that lawyers are more than just what they do between 8 a.m. and 6 p.m. They are unique, diverse, talented people who bring so much to our community and profession. March/April 2016 SAN DIEGO LAWYER 7
In the last issue of San Diego Lawyer, I shared a “day in the life” of the Bar President. Here’s a quick peek at just some of the highlights of a recent week. A lot of work, some productive SDCBA meetings, some good times with friends, and lots and lots of sports. I’ve got a few busy weeks ahead – the SDCBA is rolling out its new communications plan, our Judicial Election Evaluation Committee is hard at work preparing our evaluations to help voters make informed decisions come primary time, and the Rileys are off on their first Disney World adventure to celebrate my parent’s 50th wedding anniversary! Whew, I’m exhausted already just writing about all of it. Hope you enjoy this snapshot and hope to see you all at the Bar Center!
Sun Mon Tue 9-10 a.m. 10:30-11:30 a.m. 8:30-9 a.m.
Client meeting
Donuts!
12-1 p.m. 12-1:30 p.m. 9:30-10:30 a.m.
Shopping Center Industry Group meeting
Hair appointment
11 a.m.-4 p.m. Errands and laundry
8 SAN DIEGO LAWYER March/April 2016
SDCBA Executive Committee Meeting
2:30-3:30 p.m. Conference call and catch up on timesheets
6-8 p.m. 6:30-7:30 p.m. Baseball practice
Heather Riley 2016 SDCBA President
SDCBA Real Property Section Breakfast
Dinner with Asian Bar Association leaders
Wed Thu Fri
Sat
10-11 a.m. Client meeting/ hard hat tour
8-9 a.m. Dentist
7:45-9:30 a.m.
8:30 a.m.-1 p.m.
BIA San Diego meeting
12-1:30 p.m. 1:15-2 p.m. Partner meeting
1-5 p.m. Work, work, work!
Fun lunch with friends at Shino Sushi
San Diego County High School Mock Trial Competition
2-3 p.m. Settlement meeting
5-6 p.m. Colleague farewell party
11 a.m.-3 p.m.
6:30-7:30 p.m. Soccer practice
6:30-7:30 p.m. More baseball practice
6:30-10 p.m. Another 40th birthday party!
Baseball games for the boys
March/April 2016 SAN DIEGO LAWYER 9
BY THOMAS GUERNSE Y
DEANS
Service and Learning are Closely Connected Clinical programs provide win-win experiences for law students and the community
A
primary goal of a law school, of course, is to prepare its students to enter the legal profession. It does as an institution of higher education, however, have other goals, including service to the community and the profession. What is often not recognized is that an important part of that service is intimately connected to the primary goal of education. The most obvious example of that service and learning connection are the clinical opportunities offered to students to both learn and serve.
As another example, the law school’s SBLC offers assistance to entrepreneurs, artists, small businesses, inventors and nonprofit organizations that might not otherwise have the financial means to hire a lawyer. Specific programs within the SBLC are the Art and Entertainment Project, the Community Economic Development Clinic, the Patent Clinic, and the Trademark Clinic. Within the last five years, over 200 Thomas Jefferson swtudents have participated in the SBLC. Our students handle all aspects of their clients’ matters, from interviewing and counseling to document drafting. The need is certainly there. The Fall 2015 semester saw 71 active clients (an increase of 688 percent since the Fall 2011
Thomas Guernsey
Clinical programs have been offered in legal education for decades. I earned my own LL.M. in clinical legal education back in the dark ages of 1980. I am, however, often reminded that law schools have not done enough to let people know of the nature of clinical education as a service to the community. Take Thomas Jefferson School of Law as an example. Most lawyers are unaware of the extent and diversity of our clinical offerings, much less their impact on the community. Just two examples of those programs illustrate the point: our Veterans Legal Assistance Clinic (VLAC) and our Small Business Law Center (SBLC). It is not an overstatement to say that Thomas Jefferson law students have changed lives of San Diego veterans through its highly successful VLAC. Through this clinic, veterans have access to civil legal counsel and representation that typically fall within the areas of family law, administrative law, bankruptcy, and offender reentry. Given that a recent report found that an estimated 17 percent of San Diego’s 8,500 homeless are veterans, this is a particularly important service our students provide to San Diego County.
semester). Of course, none of our clinical programs could exist without the dedicated faculty who supervise the students and teach in the programs. A critical part of that faculty are the dedicated members of the bench and bar who take the time to assist the full-time faculty in providing an excellent educational program. Space does not allow mentioning all of the clinical programs at Thomas Jefferson. These two programs, however, are clear examples of how as a school we strive to make law school service consistent with our primary educational mission. What all our clinical education programs involve is active student engagement in service with the support of dedicated faculty and members of the local bench and bar as an integral part of this service and learning. Thomas Guernsey is President and Dean of Thomas Jefferson School of Law.
Law schools have not done enough to let people know of the nature of clinical education as a service to the community.
March/April 2016 SAN DIEGO LAWYER 11
BY EDWARD McINT YRE
ETHICS
Let’s Hook Up! Of counsel, of course. But it’s not for everyone.
D
uncan bounded into Macbeth’s office without knocking. “Uncle, I’ve got an idea. We can increase business. Same time, spread our name all over.” “I didn’t know we needed to ‘spread our name’ anywhere.” “So. I mean. Get your expertise recognized. You know, even more broadly. Also attract more business.” Macbeth gestured to a chair. “Shouldn’t we invite Sara?” “Ah, of course.” Duncan sat. After Sara arrived, Macbeth began: “Duncan has an idea that will ‘spread our name’ and bring in business. Duncan?” “Two words. Of counsel!” Duncan smiled expectantly. “Of counsel?” Sara asked. “Yeah. I’ve got this friend. From school. At an LA firm, with an office in Riverside. We were discussing how we could send business to each other. That’s when I came up with the ‘of counsel’ idea. His firm and ours. He loved it –” Macbeth cut in. “What does his firm think?” “Don’t know. Don’t think he’s raised it yet.” “What do you have in mind?” “Well. Like, if we had some business in LA, we’d send it to him. If his firm took it, we’d get a referral fee. You know. Some percentage we agree on.” “Reciprocal?” “Of course.” “But that’s not what ‘of counsel’ means.” “What?” “That,” Sara added, “likely violates the ethics rules. Sounds like a mere ‘forwarderreceiver’ relationship.” “Okay. So, what’s ‘of counsel’ mean to you?” Macbeth nodded to Sara. “Not me. To the State Bar. It means a relationship that’s ‘close, personal, continuous, and regular.’ Not just a businessreferrer/receiver deal. If it’s an individual, the person can’t be a partner or associate or officer or shareholder or member. Can’t share generally in profits.” “Can it be another law firm?”
CARTOON BY GEORGE BREWSTER, JR.
“Yes, so long as the relationship, as an organization, is close, personal, continuous, and regular. ” Macbeth added. “The relationship has to be more than merely collaborating on an individual case. Or an occasional matter. Or infrequent consulting. And, as Sara said, not just forwarding and receiving business.” “What about payment?” Macbeth again. “Sara’s correct. Someone who’s ‘of counsel’ can’t share generally in the other firm’s profits. As a partner or shareholder. Can’t be an employee either. Rather the lawyer – or firm – may share fees on individual matter –” “With the client’s informed written consent,” Sara added. “The fee-splitting rule.” “Quite so.” Duncan thought for a moment. “Okay. Say we work a deal with my friend’s firm. They have an ethics question. They call Macbeth. We get a real estate client with a deal in LA. We send the client to them. What’s not to like?” “Does that sound like ‘close, personal, continuous and regular?’ Sounds rather infrequent to me. More like the occasional one-off legal issue.” “So you’re against it?” “Hardly. But it’ll take more than just slapping ‘Of counsel’ and our name on their letterhead. Their name on ours.” “Like what?” “Can we have the kind of relationship the rule requires? That will take some thought.” “What are the down-sides?” Sara spoke. “Conflicts, for one.” “How so?” “When two firms establish the kind of
relationship that allows them to hold themselves out to the public as ‘of counsel’ to each other, they’re considered a single, de facto firm for purposes of the conflict of interest rules.” “No!” “Yes. So if one firm has a conflict, and is precluded from representing a client because of it, so is the other.” Macbeth added. “The conflict attribution rules apply to ‘of counsel’ the same as they apply to a partner or an associate and a firm. Conflict for one is a conflict for all.” “Ouch. That kills it.” “No. But it means that both firms – or a firm and an individual – should proceed thoughtfully. Preclusion – worse, disqualification – could be a steep price to pay.” “So what’s next?” “If your friend brings it up at his firm. And if it has any interest. Then we can have a careful conversation. Until then, we’ll just have to spread our name around the oldfashioned way.” “What’s that, Uncle?” “Excellent work. Delivered on time. If not early. Fairly billed. Now back to our day jobs.” Sara suppressed a smile as she followed Duncan out of Macbeth’s office. Editor’s Note For a good analysis of the requirements for an “of counsel” relationships consider State Bar Form. Opn. 1986-88 and Rule of Professional Conduct 1-400.
Edward McIntyre (edwardmcintyre1789@gmail.com) is an attorney at law and Co-Editor of San Diego Lawyer. 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. March/April 2016 SAN DIEGO LAWYER 13
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BY BILL KAMMER
TECHNOLOGY
Discovery Is Not Getting Easier Technological developments continue pushing legal professionals to keep up
O
ur county and state bars have each admonished us to come to grips with electronic discovery, retain or associate with someone knowledgeable, or decline any representation that might involve ESI. Frankly, we should probably drop the phrase “electronic discovery.” One well-quoted judge has observed: “I don’t know why we call it electronic discovery; all discovery is now electronic.” Not so long ago, some attorneys would agree that they would not exchange electronic data. Some would agree not to bother with email. Those discussions still occur, but probably not as frequently. But similar discussions still occur regarding the contents of mobile phones, tablets, laptops, and information locations such as Facebook, Snapchat, and Instagram. We cannot ignore those devices and locations any longer. Some of us are getting better and making some strides in those regards. But the task is not getting easier. Instagram reports uploads of 80 million photos each day. Facebook claims a billion daily users. Snapchat has over 100 million daily Snapchatters. And Twitter logs 500 million daily tweets. Obviously not all of this data is discoverable or relevant to one of our cases, but we cannot ignore the possibility that some of it is. Moving on to other developments, how many of us have considered the data produced by the Internet of Things (IoT). The research firm Gartner, Inc., recently assessed the IoT, all the devices that use wireless connections and the internet backbone to report, transmit, or store information. Those devices include fitness trackers, wearable medical devices, home monitors, baby webcams, smart thermostats such as Nest, video doorbells, and the computer technologies in our cars. Gartner forecasts that 6.4 billion connective things will be in use this year, and the number will reach 20.8 billion by 2020. In 2016, Gartner believes that 5.5 million new things will get connected every day.
Every one of those “things” might contain or transmit information that should be preserved or discovered and might be evidence relevant to the disposition of a matter. Though we are still struggling with mobile devices and social media discovery, technological developments must motivate us to take greater strides to keep up with their progress. Take a look at one of the new IoT search engines, Shodan or Thingful, if you want to explore the possibilities. Not only is all that information out there, but we are challenged to preserve, harvest, review, and produce it to litigation opponents. Our original legal review software and hardware is probably incapable of doing that. If so, what resources are available to us to accomplish those tasks? We must become familiar with the technology that captures and interprets the contents of mobile devices such as Mobile Phone Examiner Plus (MPE+) and Cellebrite. To review and capture social media and internet accounts, we probably need to employ software such as X1 Social Discovery. For the IoT, we will soon see manufacturers and vendors suggesting that we use their technology to obtain and examine the contents of those things. None of this is easy, and it will not get easier unless we pay attention to these developments and to our ethical responsibilities to our clients. There are lots of gigabytes out there, and each contains the equivalent of 50,000 pages of documents. We must stay informed and aware of both the challenges and the solutions. But don’t despair at the task. There is help out there, experienced professionals who can help us to deal effectively and efficiently with almost any situation. Bill Kammer (wkammer@swsslaw.com) is a partner with Solomon Ward Seidenwurm & Smith, LLP.
I don’t know why we call it electronic discovery; all discovery is now electronic.
March/April 2016 SAN DIEGO LAWYER 15
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solo practitioners and small firms
EMBRACING THE BUSINESS MINDSET By Janice Brown
You’re not a businessman. You’re a business, man. — Jay Z The words may come from Jay Z, but they underscore a key lesson I learned from small business expert and best-selling author Michael Gerber (The E-Myth, which is about the myth that most people who start businesses are entrepreneurs, when, in fact, they are started by employees who want to work for themselves) during my transformation from a lawyer to a business owner. I had been practicing law for a generation when, in 2003, I began building my own San Diego-based firm that is now nine lawyers strong and thriving. It hasn’t been easy. My mindset had to change. Running a business is significantly different from practicing law. Lawyers, or at least successful lawyers, excel in several areas. Research. Writing briefs. Arguing in court. Jury selection. Meeting with clients. Discovery. And so on. Lawyers, however, are not necessarily experts in running a law practice, a business in which practicing law is but one aspect of creating a successful firm. The key is that wise people—and successful business people—admit their shortcomings. They’re not afraid to say, “I don’t know.” They’re not frightened by the need to learn. Or, as Gerber wrote: “Contrary to popular belief, my experience has shown
me that the people who are exceptionally good in business aren’t so because of what they know but because of their insatiable need to know more.” To be good at this business of law, we must admit that we don’t know everything and to be not only okay with it, but embrace the unknowingness. What are the important elements for people who start a business based on the skills they do best, such as practicing law? • • • • • • •
Vision/Goals Organization and Management Finances Marketing Sales Production Quality Control
Vision/Goals Having a vision for your business and managing your resources to meet that vision are paramount. It means writing your vision down. It means determining who your company serves. It means deciding what kind of employee will fit that vision and deciding what makes an ideal client. It means asking questions such as, where do you see yourself in a year? In two? In five? How do you keep current? How much money do you want to earn? Do you have
a budget to help your company meet your vision? What services do you provide? Should you update your services? Should you eliminate services? How do you market your business? Does your website represent your firm? These are just a sampling of questions that can help prompt your vision for your business.
Organization and Management Sometimes those of us in the law can be our own worst enemy when it comes to handling our own legal affairs. Who is your accountant? Who incorporates your practice? Who files the paperwork for your business license? Do you need to file a trademark? Who are your employees? How are they being paid? Are you paying them in compliance with the law? Do you have pertinent policies and procedures in place? Your administration reflects the tools and people you have in place to effectuate your management vision and plan. They require constant attention.
Finances Profit is the ultimate goal of any successful business, and how to earn that profit takes some planning. How much do you want to make and why? How much do you want March/April 2016 SAN DIEGO LAWYER 17
solo practitioners and small firms to invest? Where should you invest? How much do you want to save? How often do you pay your bills? Are you current? Do people owe you money? Should you hire an accountant to make sure your bills are paid on time? Oh, and one more thing: pay your taxes. It’s a must.
Marketing Marketing is what creates the customer expectation for your business. It is your company brand, what you want the public and your customers to think about your business. Marketing comes in many forms, including social media (Guy Kawasaki’s The Art of Social Media is great for guidance) and volunteer work in the community. How do you plan to promote your brand? Through your website? A newsletter? Weekly emails? Here’s a hint: embrace technology.
Sales Sales and marketing are not the same thing, and it is important not to confuse the
two. Marketing is a subset of sales. Sales require the client to trust you, understand your service (or your brand), and have a need for your services. When need, brand, and trust come together—you get paying customers. But you need to define what kind of customer you want by defining the right client. When I started my law practice, I said I wanted clients, but I did not specify the type of client. Now, I do. I want clients who appreciate my firm’s services and who pay in a timely manner. That small change in focus has done wonders for my bottom line. As a side note, as lawyers, we are required to have engagement letters when we are retained. This must be mandatory. No executed engagement letter, no services.
Production If you don’t produce, you don’t get paid. And when you first launch your business, you need to produce if you want to build your reputation. How much you want to produce needs to be determined at the outset.
Quality Control We need to constantly ask clients how we are doing. How can we improve? How can we become better at our work? As human beings, we often learn from our mistakes. When those breakdowns occur, clarify why they happened and what you will do differently so it doesn’t happen again. The old adage “stuff happens” is not in the language of successful folks. In short, being a good lawyer and being a good business person are different things. Great lawyers lacking in business and organizational skills are doomed to failure. Good lawyers willing to overcome their shortcomings when it comes to running a business, good lawyers who are willing to take a university extension course or seek others who have made the leap, are destined for success. Janice Brown (brown@brownlawgroup.com) is the founder of Beyond Law, and the founder of Brown Law Group.
This article originally appeared in the October 2015 issue of Law Practice Today: The HR/Staffing Issue and is reprinted with the author's permission.
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18 SAN DIEGO LAWYER March/April 2016
solo practitioners and small firms
Social Media Marketing For the Solo and Small Firm By Renée Galente Why social media?
So, how do I get started?
Go to your audience: Worldwide, in hard numbers, Facebook has 1.55 billion active users. Twitter has 320 million active users.1 LinkedIn reported 414 million members in the fourth quarter of 2015.2
Start with you.
An August 2015 article highlights that 72% of online American adults use Facebook. 70% of Facebook users log in daily, 43% log in several times a day. 25% of online American adult Internet users use LinkedIn. 46% of online adults who have graduated from college are LinkedIn users. 23% of all Internet users are on Twitter. 38% of those who use Twitter use the site daily.3 The price is right: Free. That’s right. In a world where law firms can, and do, literally pay millions of dollars each month for advertising, free is refreshing. Especially for the solo and small firm owner who is likely unable to compete with big firm ad dollars. While options to pay for targeted marketing exist, it’s not necessary and anyone can get off the ground with a free social media within a couple of minutes. 1 2 3
If you haven’t “Googled” yourself, that’s the best place to start! Enter your name into a search engine and see what comes up. If there are profiles for you, claim them. Make sure that any information out in the internet is accurate and that you have control over it. You’ll also see that many of these profiles have the ability to link to your social media sites and websites which help solidify your Internet presence. Next, brainstorm your audience. If you could describe your perfect client, who would they be? What gender, age, education? Where do they live? What legal problems do they have? While many lawyers are open to almost any client that walks in their door, spending time crafting to whom you’d like your message to reach will help you tailor the message and get it to your specific audience. Finally, hone your message. Social media is soundbites and snapshots. What can you say in 140
http://www.businessnewsdaily.com/7832-social-media-for-business.html http://www.statista.com/statistics/274050/quarterly-numbers-of-linkedin-members/ http://www.pewinternet.org/2015/08/19/the-demographics-of-social-media-users/
characters (Twitter) that is impactful, useful or attractive to your audience? It takes time and thought. Do you have a blog that you’re promoting? Do you have a tag line? Do you have a logo? Recent photos? Stock photos? Anytime you can add a picture, your audience is more likely to look at your message. Be creative. But most importantly, post with purpose. Picking SM that works for you There are hundreds of social media platforms, each with different purposes. Each of the well-known platforms have targeted accounts, resources or help systems in place for businesses. The top platforms are as follows: Facebook for Business: You can create a Facebook page for a local business or a company. The differences between the two categories rest in the type of information that can be input on the page. Local business lets you add in price range and hours of operation, while company pages have sections for “mission,” “awards” and “products.” These pages are public and the goal is to get “likes” which increases the reach of any content you post on the page. Continued on page 21 March/April 2016 SAN DIEGO LAWYER 19
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Through legal clinics, experiential internships, and simulated cases, our graduates earn an average of hours of supervised, hands-on legal training in three years.
Discover how California Western graduates can benefit your organization, visit www.cwsl.edu/career or call 877-413-2197
solo practitioners and small firms Continued from page 19 Twitter for Business: Tweets (posts on Twitter) are limited to 140 characters but offer unique ways to reach target audiences through the use of hashtags, conversations and polls. Twitter is a great way to spread information quickly. There are plenty of tutorials on how to use Twitter for those who are unfamiliar. Pinterest for Business: Pinterest lets users create digital bulletin boards where they can save content by “pinning” an image or link to their bulletin board. There are not currently a lot of law firms on Pinterest, but for the creative lawyer, it could be a useful way to target a largely untapped market. Instagram for Business: Instagram is a platform that allows the sharing of photos and videos. Photos can be edited through the use of provided “filters” that can change the look and feel of a photo, and help turn a basic photo into a professional looking picture. Intriguing photos, coupled with targeted hashtags, can get a creative lawyer a following. LinkedIn: A business-oriented social media platform, the purpose is to use LinkedIn for professional networking. In addition to creating a personal page highlighting your skills and background, a business owner can also create a company page introducing your company to professionals and providing a channel to stream business announcements and spread your message. Yelp for Business Owners: This site allows
you to claim a page that may already exist or to add your business to Yelp. This platform is becoming more and more of a contender with law firms as it is a quick way for potential clients to see reviews. Creating a plan/policy Now that you’ve determined which platform(s) you want to utilize, it’s time to figure out what and when to post. Consistency is key. There are plenty of studies available on the internet that show key times and days of the week to post to social media to get the widest reach. Try calendaring those days/times and plan on posting at least once a week so that your social media page/site stays current and relevant. Have a policy for multiple posters. If you have more than one person with access to the business social media accounts, take the time to create a firm policy on social media. There are samples all over the internet to help provide ideas, but the policy should include what is appropriate and what is not. Think about a section on ADA compliance to help your social media be accessible to everyone. Common pitfalls to avoid You will learn through trial and error about what works on social media and what doesn’t. But here are a few pitfalls to avoid: Retweeting news: If you’re social media content is just reposting new blasts, you’re not putting your message
Blog Away—But Carefully How better to get you name “out there” and show your stuff than having a blog? It says: “I’m informed; I’m current; I’m on top of what’s going on!” What’s wrong with that? For one, it may be subject to the State Bar “advertising” rules. On December 4, 2015, COPRAC published for public comment Formal Opinion Interim No. 12-0006. It addresses in what circumstances a lawyer’s blog constitutes “advertising” and, thus is subject to the restrictions of Rule 1-400 and the State Bar Act, Business and Professions Code sections 6157-6158.3.
out. You’re just filling Internet space. Reposting news is fine, but take a minute to add a personal message or thought. Why are you sharing this piece of news? Why is it, or should it be, important to your audience? Pirating content: You found a great blog on the internet and so you copy and paste it into your social media (or worse your website, where Google will punish you for duplicating content!). You can always link to great content, but give attribution where attribution is due. Don’t lose credibility by trying to pass information off as original. Oversharing: Be mindful of keeping your personal and business page separate. Whether an overshare is inadvertent (you forget to log out of one account in favor of another) or you thought it was appropriate … understand that what goes on the internet stays on the internet. Ethical violations: Rules of Professional Conduct still apply to lawyers on social media. Think about your message before posting. Is this a solicitation? Is the information I’m spreading true? Am I advertising? Does the information breach confidentiality for a client? If you’re worried about saying too much, you can follow this easy guideline: Educating your audience is always OK. Renée Galente (renee@galentelaw.com) is owner of Galente Law APC.
By Edward McIntyre
Easy case first. A lawyer has a blog about opera, even with a hyperlink to her or his professional web page; it’s not covered. Next, a blog that is not part of a law firm’s professional website, even if it addresses law-related issues, is not within the rules so long as it does not say the lawyer is available for professional employment. But if the blog appears on a firm’s website, or expresses a lawyer’s availability for employment, directly or implicitly – by such detailed description of her or his practice, or “successes” that availability is evident – the Rule and Act
apply. What restrictions? Among others: nothing false or deceptive, affirmatively or by material omission; no guarantees; factually substantiated when taken as a whole; and saved for two years, each and every one. Bottom line: blog away; but if you say or imply you’re looking for work, you may be advertising, and subject to the restrictions the Rule and Act impose. Edward McIntyre (edwardmcintyre1789@gmail. com) is an attorney at law and Co-Editor of San Diego Lawyer.
March/April 2016 SAN DIEGO LAWYER 21
solo practitioners and small firms TIPS
BY MICHAEL HERNANDEZ
Tried & True Efficiency Boosters Too many tasks – too little time! Managing both can be daunting. We asked SDCBA member Michael Hernandez for his favorite tips. He’s put them to the test and tells us they lighten his work – and – stress load. Try them, and take a deep breath.
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e are all looking for ways to be more efficient and productive in our work, so here are a few tips – all tried and true – to help you get the most from your 9-to-5. While a few of these recommendations are geared toward attorneys just starting their practice, the rest are easily implementable suggestions for all. 1. Start by parking your car. When I opened my practice and had taken my first real office downtown I was parking on the street at the meters. Unfortunately, this meant getting up every two hours to move my car – three or four times a day, and five days a week! It didn’t take me long to realize I was wasting time. Even if it only took me 10 minutes to move my car each time, I was still spending 10 hours a month just looking for parking. So go ahead, spend $200 a month for parking. Having a designated parking space will save you time and the headache of looking for parking in a crunch. 2. Consume caffeine. Nothing will spur you into action like a cup of high octane – just pick it up on the way to the office. 3. Get some work space. Working from home sounds like fun, but the truth is it is too easy to lounge around in your pajamas all day binge-watching Netflix. Work space – even just a desk in an office – gives you purpose. If you are a new attorney and not ready to commit to a longterm lease, there are shared work-space or collaborative work environments around – CoMerge on A Street, Regus at Emerald Plaza, and our own Bar Center to name a few – where you can get good work done in a professional environment. 4. Create lists. Itemize your projects – or even the individual steps in each project – and check them off as you go. This will help to keep you on track,
22 SAN DIEGO LAWYER March/April 2016
will help you avoid procrastination, and will provide you with good affirmation as you progress towards your goal. 5. Prioritize and work on one project at a time. A student recently asked me whether it was more important to be detail oriented or a multi-tasker. Be detail oriented – hands down, every time – because multi-tasking is a myth. While you can certainly have 100 open cases, you can only work on one at a time. Triage your cases: find that project that absolutely, positively, must be done today, and do it. Then move on to the next. 6. While you’re at it, stop checking your email (so often). This is difficult to do, I know. But most emails can wait an hour (or four) to be read. So set a time – perhaps the first 15 minutes of each hour, or the last hour of the day – to read and respond to emails. And if you feel you’ve become Pavlov’s dog, jumping to check your inbox with every chime and beep, turn off those annoying notifications. 7. Get an assistant. Face it, you can’t do it all – you just can’t – and you need help in the office. Whether it is answering phones, creating new files, updating clients, or even performing more sophisticated tasks, having an assistant will allow you to focus your attention on more important matters. The nice thing is you don’t need to spend a lot of money to get good help: the local law schools have students interested in internships and clerking positions, the local paralegal programs do, too, and the local universities have tons of recent graduates yearning for law office experience before heading off to law school. Do yourself a favor and tap this pool of talent. 8. Clean your desk. I have only known one attorney able to leave his desk perfectly clean at the end of each
day. He’s on the bench now, so he may have been on to something. Get the clutter off your desk. But keep the photos of your loved ones as a positive reminder of why you’re working so hard. Get an in-box and an out-box, and use them. Feel free to have a queue of casefiles on your desk, but have only one file open at a time since this will prevent misplacing documents in the wrong file. 9. In the same vein, minimize your other distractions. There is nothing wrong with setting your phone to Do Not Disturb or telling your assistant to hold all calls while you get work done. Then close your office door, turn off the music playing on your computer, shoo away your colleagues and their “quick questions,” and get down to business. 10. Implement technology. Call me old-fashioned, but I genuinely enjoy having a paper casefile. While I don’t anticipate ever going fully paperless, I have incorporated scanning as part of my case (and casefile) management system. I utilize Adobe Acrobat Professional in conjunction with a document scanner. My scanner is very small and fast, so scanning a typical file takes just a few minutes. Keeping a PDF copy of the file on my laptop and tablet allows me to get work done even when I’m away from my desk, and using Acrobat’s built-in optical character recognition (OCR) feature makes reviewing and searching a snap. Acrobat also has a feature for collecting signatures on documents and contracts quickly and easily. The document is sent securely through Adobe, and the recipient can review and sign the PDF on his smartphone or tablet. Adobe then provides both parties a copy of the signed document. Michael Hernandez (michaelahernandez@hotmail.com) is a solo practitioner.
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solo practitioners and small firms
HOW DO YOU
PRACTICE SDCBA members tell us what makes their practice unique. Featuring Matthew Mesnik, Claudia Garcia, and Kris Mukherji Photos by Jason de Alba, de Alba Photography
MATTHEW MESNIK Mesnik Law Group, Inc. Area of law: Exclusively family law Where do you spend most of your time working? I spend most of my time in my office or in the various family law courts around San Diego County. What are some everyday tools you use to manage your practice? Computers, VOIP phones, conference room TV with a computer hooked up to it, central file server, various printers and scanners. Are there any apps/computer programs/new technologies that you employ regularly? I use a variety of computer applications to manage cases and my practice such as Microsoft Office products and a PDF editing program for court forms and sending secure documents to clients and third parties. Client Conflict Check is an online conflict of interest checking program I use to assure I do not violate my duty of confidence to clients and even potential clients. I use an online billing program for invoicing clients coupled with a custom built online payment gateway for clients to make payments quickly, easily, and securely. I use Google’s suite of products, and central file servers with automatic offsite backups. I also have an e-fax system, and online payroll service. Automation and shared use is the key to efficient and cost effective practice management. What is your go-to device? I use my desktop computer at work, cell phone in the field, and laptop at home. How do you communicate with your clients primarily? A combination of email and phone calls. Most clients appreciate frequent email communication; however, still want to hear your voice to know you are still there for them. When and where do you meet clients? I meet clients almost exclusively in the conference room. When and where do you meet colleagues? For informal meetings usually for lunch at various eateries. For formal meetings about cases we usually meet in one of our offices. How do you keep up with news and trends in your area of practice? I am an active participant of the SDCBA Family Law Section’s listserve which is a very active community sharing news, ideas, questions, and the goings-on with March/April 2016 SAN DIEGO LAWYER 25
solo practitioners and small firms our local courts. I attend nearly every bi-annual family law seminar which always provides updates on new cases, new statutes, and general family law news. How do you generate new business or gather leads? The majority of my business comes from referrals and most of those referrals are from past clients. Those same clients have also taken to the internet to review me on various websites which drives a great deal of new clients to me. Lastly, I have put together a modern and professional website with lots of information on relevant topics which catches the eye of potential clients. How do you market your practice? Mostly through my firm website and various websites such as
Google, Avvo, and Yelp. What smartphone and/or tablet apps do use for business when you’re away from your desk? I use an Android Smartphone linked to my email/calendar/contacts. My billing system and conflicts system are accessible online through web interfaces. Through a combination of VPN software and file browsing applications I can access my office files through my phone when needed. What does your physical working space say about the type of lawyer you are? In a single word: Professional. My office is clean and tidy (except my desk on most days), and I have various refreshments and snacks for clients to assure they know that they are welcome in my office. What is your biggest challenge currently? Currently, time management. Balancing my time between supervising staff, meeting new clients, working on client matters and preparing for court, administrative matters, networking and pro bono events, hobbies, and most importantly spending time with my wife and young daughter can at times be a monumental balancing act. What is the most rewarding thing about your practice? I have helped my clients through what may be one of the darkest times in their lives. Being able to do so with professionalism and compassion usually garners a heartfelt thank you and often a hug. Knowing I’ve become more to them than just a hired gun fills me with pride and provides a great deal of fulfillment in my job.
CLAUDIA GARCIA The Law Offices of Claudia D. Garcia, APC Area of Law: Family Law Where do you spend most of your time working? My time is almost evenly divided between work in my downtown office and my court appearances in the various courts of San Diego. I appear in South Bay, North County, El Cajon and San Diego Central and Family Court. What are some everyday tools you use to manage your practice? Microsoft, Legal Solutions, Dissomaster to calculate child support, Google Calendar, Quickbooks, iPhone, and Facebook. Are there any apps/computer programs/new technologies that you employ regularly? Google Mail and Calendar to book appointments and court hearings. Safari to do all non-legal research. I also use a program called MyPC to access my computer desk when I am away. Sometimes Skype and Facetime when clients are non-California residents. What is your go-to device? IPad, phone, laptop? Laptop.
26 SAN DIEGO LAWYER March/April 2016
solo practitioners and small firms
How do you communicate with your clients primarily? Mainly by phone, email, sometimes text-message, Skype and sometimes Facetime. When and where do you meet clients? I usually meet my clients at my office during regular business hours. However, some of my clients are non-California residents and I meet with them in Mexico. When and where do you meet colleagues? At social events organized by the SDCBA or the Family Law Bar Association. Some of my colleagues are also close friends and I meet them for dinner or coffee. How do you keep up with news and trends in your area of practice? Usually through the listserve of the SFLBA and other listserve services. I attend various seminars in San Diego County and other areas in California. I also check blogs and journals related to family law. How do you generate new business or gather leads? The majority of my clients are referrals from attorneys who practice other areas of law. I am also involved in non-family organizations from which I get referrals. How do you market your practice? In person. I attend networking events. I volunteer at various organizations. I maintain a presence in the community. I stay in
touch with former clients and colleagues. What smartphone and/or tablet apps do use for business when you’re away from your desk? MyPC to access my files, Legal Solutions and Dissomaster. Fast Case to do research while in court. My iPhone. What does your physical working space say about the type of lawyer you are? My office is an extension of me. I therefore keep it clean, organized and filled with items that remind me of who I am and the things I love. I have pictures of my children, my friends, the books I love. I have an office that makes clients feel comfortable and at ease when they come during one of the most difficult times in their life, during the divorce process. What is your biggest challenge currently? Mine has been an ongoing challenge. It has been and continues to be a challenge being a single parent trying to stay close with the children, while managing a law firm all on my own and all at the same time. What is the most rewarding thing about your practice? Helping clients feel they obtained a fair result. Many people are dissatisfied with the justice system. It is rewarding to help people to have faith in our judicial system. I strive in my everyday contact with my clients to keep justice alive. March/April 2016 SAN DIEGO LAWYER 27
solo practitioners and small firms
KRIS MUKHERJI Law Office of Kris Mukherji, APC. Area of law: Estate planning and business law Where do you spend most of your time working? I spend most of my time in my office because I can focus well and tend to be very productive. I also have the majority of my client meetings in the conference room. What are some everyday tools you use to manage your practice? My laptop and desktop are my primary tools. However I also utilize my iPad on occasion when I am outside meeting clients. All of my devices are synced so it makes managing my practice and client files very easy. Are there any apps/computer programs/new technologies that you employ regularly? I use the MyCase software on a regular basis. It allows me to track all my cases and clients with ease. In addition to that I also use Google Voice, Google Calendar, Sugarsync to back up all my files and Quickbooks to manage my banking. What is your go-to device? My go-to device is my laptop, which is synched with my desktop. However, I can also use my iPad when I am on the go, and it allows me to do everything. I am able to do presentations and use it to educate my clients. How do you communicate with your clients primarily? If it’s an important issue, I always call my clients and then follow up with an email. I find that my clients appreciate the effort that I make to communicate with them and keep them updated on the progress of their matter. When and where do you meet clients? I prefer to meet with my clients between the hours of 9 to 5 in my office. I usually set my last appointment for no later than 4:30 p.m. When and where do you meet colleagues? I usually have lunch meetings with colleagues, and I try to have a lunch meeting every day. On occasion I also meet colleagues at happy hour networking events. How do you keep up with news and trends in your area of practice? In this day and age you can access almost anything through the internet. I subscribe to law listerves such as the SDCBA Business Law and Estate Planning Section lists. Through these lists you meet experienced attorneys who are more than willing to help their colleagues. How do you generate new business or gather leads? The majority of my business is referrals from CPAs, 28 SAN DIEGO LAWYER March/April 2016
solo practitioners and small firms financial planners, realtors and former clients. I try to have at least six to eight networking meetings per week. Some of these contacts come from larger networking gatherings. How do you market your practice? I have not yet utilized paid advertising, but it’s not out of the question. I market my business primarily through word of mouth, networking groups and one-on-one meetings. I find that referral clients are very easy to work with because they have clear expectations. What smartphone and/or tablet apps do use for business when you’re away from your desk? I use Google Calendar to set my appointments. I use Hostgator for my email. I use MyCase to stay on top of my caseload. I use Facebook business page to update blogs and post interesting articles for readers. What does your physical working space say about the type of lawyer you are? It all depends on what time of day you see it. If I am preparing for signing or a client meeting for the following day, I might have several stacks of papers arranged in different piles. However, once I have
Distinctions
everything printed, I file it away and clear my workspace. What is your biggest challenge currently? It’s the same challenge that most “solopreneurs” face, which is wearing the different hats of the rainmaker, the facilitator and the technician. When I get busy working in my business, I have to remember that I still have to work on my business. In addition you have to also remember that your primary responsibility is your family and you have find a clear work and family life balance.
What is the most rewarding thing about your practice? Providing peace of mind for my clients. With estate planning, I love helping my clients plan for their future. When they leave my office they know that their loved ones will be well taken care of. With my business law clients I love helping them start their business, providing them the tools to create their future and setting them up for success by guiding them through the process.
Individuals and organizations in our community were recently honored for a variety of achievements. Following is a list of recent community recognitions:
William Browning, principal attorney with Browning|Hocker, was recently elected chair of the San Diego Blood Bank Board of Directors. Deputy District Attorney Aimee McLeod was recently honored by Mothers Against Drunk Driving and the California Office of Public Safety as San Diego County Deputy District Attorney of the Year. Andrew Haden, Assistant U.S. Attorney for the Southern District of California, was honored as a 2016 Next Generation faculty star by the National Institute for Trial Advocacy.
Sullivan Hill Lewin Rez & Engel shareholder Gary Rudolph was reappointed president of the San Diego Bankruptcy Forum for 2016.
AnneElise Goetz, partner with Higgs Fletcher & Mack, recently received a Forward under 40 Award from the Wisconsin Alumni Association.
Joseph Leventhal, office managing partner with Dinsmore & Shohl LLP, was selected as an inaugural member of the San Diego Regional Chamber Young Leaders Board. Wilson Turner Kosmo LLP was honored with the 2015 AT&T Legal Department Diversity Award in the small law firm category. Thorsnes Bartolotta McGuire received the 2015 Litigator Award from the Trial Lawyers Board of Regents.
To submit information regarding honors of a community or civic nature or passings in the legal community, email bar@sdcba.org. March/April 2016 SAN DIEGO LAWYER 29
HOMETOWN HAPPENINGS
Ethics – Wall to Wall at the APRL Midyear Meeting Ethics discussions were aplenty at the Association of Professional Responsibility Lawyers meeting. By Edward McIntyre
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hat happens when you crowd almost 100 legal ethicists into one room? San Diego found out. Between February 4 and 6, the Association of Professional Responsibility Lawyers (APRL) gathered here for their mid-year meeting. What happened? Three days of well-informed, engaged, energetic, focused, intelligent, sometimes passionate but always civil, frequently humorous, give-and-take about contemporary issues facing lawyers – legal ethics; bar discipline; potential civil liability. APRL (pronounced “April”) includes some 800 lawyers, law professors and judges nationwide – each with significant interest in professional responsibility, legal ethics, legal malpractice and the evolving law of lawyering. What do APRL lawyers do? Most advise other lawyers about ethics issues; they defend lawyers in discipline matters or civil malpractice cases; they act as expert witnesses; they teach professional responsibility courses in law schools; they serve on ethics boards and committees; they write and lecture about professional responsibility; or they perform ethicsrelated functions in their law firms. Each shares a passion both for the profession and the ethics rules that guide it. And passion was evident in many of the conversations through the weekend.
Conflicting Interests. What captured the discussion? At the top of the list: conflicts of interest. What happens if a lawyer represents more than one client in a single matter, testing the duties of both loyalty and confidentiality? A panel played through several related scenarios
both among each other and with lively interaction from the audience. References to the ABA Model Rules of Professional Conduct – the national standard except in California – ethics opinions and court decisions flew around the room. A stranger standing in the doorway might have the impression that trying to follow the discussion’s rapid ebb and flow was like sipping water from a fire hose. The stranger may also have concluded that, when it comes to conflicts of interest, the issues are multi-faceted. And correctly so. Even to those in the room who focus on professional responsibility, the conflicts session only underscored that subtle nuances determine outcomes.
Is Bar Regulation AntiCompetitive? What about the future of the profession itself? Does the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission challenge whether some, perhaps much, of today’s regulation of the practice of law runs afoul of federal antitrust law? Are some efforts to control the unauthorized practice of law akin to the North Carolina dentists’ attempt to stop independent teeth whitening businesses? With regulatory authorities dominated by “active market participants” – us lawyers – do we risk regulatory bodies losing state-action immunity from antitrust enforcement? Are attempts to use bar rules to impede aspects of the commoditization of the delivery of legal services (e.g. Legal Zoom), simply anti-competitive barriers dressed up as “public-protection” measures? The discussion made clear that the practice
of law is evolving exponentially. Where? Stay tuned for the results of pending court challenges.
Do We Need a Rule Against Discrimination? The American Bar Association held its mid-year meeting in San Diego at the same time as the APRL meeting. An item on the ABA agenda was a proposed rule change to address discrimination and harassment in law firms and in the practice. In anticipation of the ABA discussion, APRL also took up the issue of discrimination and the need for a discipline rule to address it.
And For Those Who Practice Before the USPTO. The USPTO used to have its own ethics rules; recently, it adopted the ABA Model Rules. The underlying premise of patent prosecution is the inventor and its counsel’s duty of disclosure to the Patent Office; failure to disclose relevant prior art, for example, can be deemed inequitable conduct rendering a patent unenforceable. Thus, a tension can arise between a lawyer’s duty of client confidentiality and the duty of candor to the tribunal, the USPTO.
Hackers’ Paradise. Lawyers and their firms are the repositories of vast amounts of confidential information – deals in the making; possible acquisitions; inventions not yet patented; litigation strategies and admissions. Market-moving information, of incalculable value in the wrong hands. Yet, we are also the lowhanging fruit when it comes to technology security: encryption; firewalls; secure networks; biometrical “passwords.” All rare in law firms or, at best, only recently adopted. March/April 2016 SAN DIEGO LAWYER 33
Hackers have learned what a treasure trove they have in law firms. All of which made the discussion of the evolving duties of competence, confidentiality and information technology a front burner item, with a panel that included technology security experts as well as ethics professionals.
What Happens When the Subpoena Comes? While we all recognize that lawyers have obligations to protect client confidences from unscrupulous hackers, what are our ethical duties in the face of a subpoena? Do we have to resist? If so, how far must we go? If resistance proves unsuccessful, must the lawyer appeal? If the court will not stay its order, does she or he have to risk contempt to fulfill the ethical obligation to protect client confidences? The debate centered on Model Rule 1.6 as well as the obligation to obey court orders. California’s confidentiality rule, however, (Rule 3-100 and State Bar Act provision, Bus & Prof. Code section 6068(e)(1)) is the strictest in the country – “to maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.” Hence, the unanswered question remains: how far must a California lawyer go to resist a subpoena that seeks client-confidential information. The APRL discussion focused on the issues; it didn’t answer the ultimate question.
Back to Our Stranger in the Doorway. Our stranger in the doorway? Impressions of APRL? One theme predominated: legal ethics is not some theoretical musing about angels dancing on heads of pins. Professional responsibility lawyers address genuine issues that lawyers face daily; they do so with the realization that their guidance has practical consequences for those other lawyers – in mitigating the risk of client complaints or bar discipline. They study, they meet, they discuss, they debate, they disagree – all with the end of honing skills that allow them better to serve others in the profession. Edward McIntyre (edwardmcintyre1789@gmail. com) is an attorney at law and Co-Editor of San Diego Lawyer.
34 SAN DIEGO LAWYER March/April 2016
ABA Midyear Meeting Reflections The recent ABA Midyear Meeting in San Diego garnered tons of attendees and fresh ideas. By Bhashini Weerasinghe
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he American Bar Association’s (ABA) Midyear Meeting brought hundreds of members from around the country to San Diego, for the week-long conference held on February 3-9, 2016. Attracting law students, attorneys, judges, and other professionals, the conference was a resounding success that allowed members and non-members alike the opportunity to attend CLE programs, ABA Division meetings, luncheons, panel discussions, dinners, and various receptions all while allowing our visiting colleagues the chance to enjoy the warm weather and breathtaking scenery that “America’s Finest City” has to offer all year round. Attorney Jeremy Evans commented, “In addition to the wonderful people that you get to meet, terrific programming is at the heart of a successful conference. The 2016 Conference in San Diego was no different.” Evans went on to state, his favorite “highlights included the Welcome Reception, dinners, headliner events and socials, the Sport Licensing Panel, and the Judicial Diversity Panel.” Attorney Alyssa Kay Ehrich reflected, “Besides the benefit of receiving CLE credits, sending and receiving referrals, rubbing shoulders with distinguished attorneys and judges, the ABA Midyear was a great place to have fun and enjoy each other’s company. ” With so many outstanding events, attendees had ample choice in what they participated in. One of the many memorable events was the ABA’s Judicial Reception held at California Western School of Law. The reception gave school’s minority bar association members, conference attendees, and local bar members a unique opportunity to network with judges from around the country followed by a discussion, where attorneys and law students had the privilege of hearing from a distinguished and diverse panel of judges including our very own Hon. John A. Houston, who gave candid and invaluable advice on what it takes to become a judge and the various paths they have each traveled in their journey to the bench.
A continuous theme for the conference was the focus on increasing diversity in the field of law. With the aim of building the pipeline, several programs were held by the ABA to provide an opportunity for diverse students, who are disadvantaged, to meet legal professionals and learn how to become attorneys and judges, including an event in Lincoln High School and San Diego State University. With the wide range of programming at the Midyear Meeting, there were plenty of opportunities for members at all levels of experience to gain new skills and grow their professional network. According to attorney Jenn Bartick, “The conference, through structured networking events and CLEs allowed me to focus on the important steps that I, as a young lawyer need to know to grow within my practice and the opportunity to expand my network simply by walking past and engaging with individuals in the hotel hallway.” The conference programming also covered topics related to HIV/AIDS law, roles of lawyers in protecting rights of minors, state and local government laws on water and the drought, creating and operating a successful solo or small law firm, human trafficking, and why GOOD (Guys Overcoming Obstacles to Diversity) guys are important. Courtney Strange, a law student, remarked that she “thought the Midyear Meeting was a fantastic, incredibly enjoyable opportunity to meet attorneys from all over the country, learn about different areas of practice, and the various ways to get involved in the ABA.” The ABA has over 416, 982 members nationwide. The next ABA Midyear Meeting will be in Miami, Florida in 2017. If you are interested in getting involved with the ABA or in the YLD, contact Anna Romanskaya, the incoming Chair of the ABA YLD at aromanskaya@starkllp.com. Bhashini Weerasinghe (bw@bhashinilaw.com) is a solo practitioner.
A rainbow cake is shared at the end of the first Lesbian, Gay, Bisexual and Transgender Pride Month observance on Joint Base Elmendorf-Richardson, Alaska. (Photo by Airman Christopher R. Morales/Released)
MILITARY DIVERSITY THE CRUSADE TO ACCEPT TRANSGENDER SERVICEMEMBERS By Gary Barthel
lthough Department of Defense regulations prohibit transgender individuals from joining the military, there are an estimated 15,500 transgender servicemembers currently serving in the U.S. military. Since the repeal of “Don’t Ask Don’t Tell” did not apply to the transgender community, the Department of Defense has recently taken steps to begin accepting transgender individuals into the military. History has shown that although Department of Defense policies are usually on the frontline in promoting diversity, the transition has not always been expeditious or simple.
A
Influences on Military Diversity
Department of Defense Actions Promoting Transgender Service
Members of the military have historically represented a cross section of society. As societal norms change and evolve, so do Department of Defense policies with regard to who can legally join the military. As a result of ever-changing societal norms, today’s military is more diverse than ever. The rank and the roles of servicemembers of various ethnicities, religions, and gender is greater than it ever was. However, efforts to decrease discrimination and increase the roles within the military’s diverse ranks continually evolves. Advances in science and medicine also play a role in influencing diversity within the military. No better example of this exists than the Department of Defense policies regarding transgender individuals. The Department of Defense ban on allowing transgender individuals from joining the military is based on outdated medical reasons. In the past it was medically acceptable to classify transgender individuals with a psychological impairment or disorder. Relying on this medical stance, Department of Defense policies banned transgender individuals from joining the military. Recently the medical community have changed its diagnostic criteria regarding transgender individuals. The latest edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) has reclassified transgender or gender identity from a disorder to gender dysphoria, thereby taking it out of the realm of a mental illness. Additionally, the American Medical Association has now opined that there is no medical valid reason to exclude transgender individuals from joining the military.
Based upon outdated medical conclusions, Department of Defense policies prohibit openly transgender Americans from serving in the military. Despite the ban, there are currently an estimated 15,500 transgender individuals serving in the military. In the past, if a transgender servicemember was open about their gender identity, they were administratively separated from the military. Due to medical changes in the diagnosis, as well as changes in societal norms, the Department of Defense has not only begun to review its current policies on banning transgender members from the military, it has also taken steps to recognize and keep those transgender individuals currently serving. In 2015 each branch of the military issued directives that would change the discharge procedures for transgender servicemembers. The Army issued a directive that protected transgender soldiers from being dismissed by mid-level officers by requiring the decision for discharge to be made by the Army’s most senior individual for personnel matters. The Air Force stated that there was no outright grounds for discharging anyone with gender dysphoria or who identified as transgender, and that a person would only be subject to discharge from the Air Force if his or her condition interfered with their potential deployment or performance on active duty. The Secretary of the Navy established new policies that required the Navy and the Marine Corps to forward all cases involving a diagnosis or history of gender dysphoria, individuals who identify
36 SAN DIEGO LAWYER March/April 2016
themselves as transgender, or who have taken steps to externalize the condition, must be forwarded to the Assistant Secretary of the Navy for a decision. Given the different policies within each branch of the military, Defense Secretary Ash Carter ordered that all decisions to dismiss troops with gender dysphoria would be handled by the Pentagon’s acting Under Secretary of Defense for Personnel and Readiness. A final review of the policy on the ban of transgender individuals joining the military is expected sometime in the spring of 2016. While the ban will most likely be lifted in the near future, history has shown that integrating individuals of various ethnicities, religion and gender into the military can take time and effort. Historical Examples of Diversity Although Department of Defense institutional policies promoting diversity can change overnight, in reality it often takes much longer for individuals within the institution to accept and adapt to those polices. Although African Americans have fought in wars going back to the Revolutionary War, segregation and racial inequality in the
military did not “officially” end until 1948 when President Truman signed Executive Order 9981, which “officially” ended segregation and racial inequality in the military. In reality, arguments can and are made today that racial equality still does not exist in the military. Additionally, although women have served in the U.S. military since 1775, the role of women in the military is constantly the subject of debate. Throughout time, women’s roles have continued to evolve and the gaps between men and women have narrowed. More recently, in December 2015, the Secretary of Defense stated that starting in 2016 all combat jobs would be open to women. Yet, while the integration of some women into combat billets has begun, there is still resistance by many within the Department of Defense to keep certain combat billets closed to women. When Don’t Ask Don’t Tell was repealed in 2011 the military officially recognized gay, lesbians and bi-sexual servicemembers. With the recognition of same sex marriages there were issues regarding servicemembers who were stationed in states that did not recognize same sex marriages. Those issues have since been resolved. In 2015, approximately four years after “Don’t Ask
Don’t Tell” was repealed, Defense Secretary Ash Carter added sexual orientation to the list of nondiscrimination protections under the military’s equal opportunity program. When it comes to opening the ranks to the transgender community, the Department of Defense is going to have to look at changing many existing regulations. For example regulations with regarding wearing the uniform, use of billeting and restroom facilities, grooming standards, and whether the military medicine will provide hormone replacement therapy or gender reassignment surgery. Additionally, what VA medical benefits will be available to transgender veterans? Conclusion The Department of Defense has long been on the frontline of promoting diversity within its ranks, history has shown achieving diversity within the military can take time constantly evolves as societal norms change. History has also shown diversity is best achieved when the focus is on an individual’s capability to accomplish the mission and not on the individual’s race, religion or gender. Gary Barthel (gbarthel@militarylawcenter.com) is founder of Military Law Center.
www.judicatewest.com Downtown Los Angeles | San Diego | San Francisco | Santa Ana | West Los Angeles
March/April 2016 SAN DIEGO LAWYER 37
Veterans Treatment Court
Alternate legal solutions for veterans charged with a crime By Renée Galente The Pilot Program Veterans Treatment Review Calendar began in San Diego as a pilot project in El Cajon. That program, overseen by Judge Roger Krauel and developed in conjunction with the Veterans Administration Hospital, focused on treatment rather than incarceration for veterans when the crime committed was a symptom of a military service related mental condition expressing itself. San Diego’s pilot program was the only program in the country that kept results and tracked participants. The results were immediate and quantifiable: a zero percent post-graduate recidivism rate.1
Veterans Treatment Court The pilot program was replaced in 2014 with the Veteran’s Treatment Court (VTC) and San Diego became one of 12 counties in California to establish a VTC, which has been described as a hybrid drug and mental health court that uses the drug court model to serve veterans struggling with addiction, serious mental illness and/or co-occurring disorders. 2 It is a collaboration between the Superior Court, District Attorney’s Office, Office of the Public Defender, Defense Bar, treatment providers, and mentor volunteers who served in the military. 3 VTC was moved downtown and placed under the supervision of Judge Desiree Bruce-Lyle. Governed by California Penal Code Section 1170.9, to be eligible for VTC defendants must have 1) prior or current military service; 2) be able to show sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems related to their service; and 3) be convicted of an eligible misdemeanor or felony and probation eligible. Acceptance to the program is based on a screening process and the veteran must be approved by a selection committee which meets weekly. If accepted, the veteran is ordered into a treatment program for a period of no longer than the time he or she would have served in state prison or county jail. Deputy Public Defender Steve Binder, who helped create the VTC notes the rigorous nature of the program. “There is very intense review and monitoring by the court, with participants appearing weekly in the first phase.” “It is very important that counsel properly educate and advise their clients about the program before getting them into VTC that the veteran participant will not just be ‘marking time,’” agrees Judge Bruce-Lyle. The program is so rigorous that some eligible veterans choose to serve time, instead. But for those willing to work within the program parameters, VTC is geared towards restoring the veteran back into society. In addition to treatment, “a major part of VTC,” Veterans Treatment Review Court (VTRC) Pilot Program Cumulative Report: Initial ThirtySix Months of Operation, March 7, 2014.
1
says Judge Bruce-Lyle, “is the mentorship aspect. Each veteran in the program is paired with a volunteer mentor veteran and they are required to stay in contact with that mentor through the duration of the program. That relationship has an amazing impact on the participants.” If the court finds that the veteran has successfully participated in the program and restorative relief would be in the interest of justice, then restorative relief ranging from deeming probation satisfied to reducing an eligible felony to a misdemeanor or even a dismissal of the case under Penal Code Section 1203.4 may occur. The program results continue to speak for themselves; the District Attorney’s Office estimates that 85-90% of those who enter the program successfully graduate.
Military Diversion Program A second program began in 2014 after SB 1227 was approved by Governor Brown which led to the enactment of Penal Code Section 1001.80: the Military Diversion Program (MDP). In San Diego, MDP is a collaboration between the Offices of the District Attorney, City Attorney, and Public Defender. Central, South County, East County and North County Divisions each have a judge designated to conduct a calendar to hear motions for MDP. Veterans are eligible who 1) have prior or current military service; 2) suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her service; and 3) have been charged with a misdemeanor or misdemeanors; and 4) waive their rights to a speedy trial. Generally, after pleading “Not Guilty” at arraignment, a motion is made to apply for MDP which vacates future hearing dates and moves the matter for a hearing on the MDP calendar. The veteran has the burden of showing that he or she meets the criteria of the program and to provide a treatment program. If the veteran can meet that burden, then the court will grant MDP, postponing criminal proceedings until the diversion program is completed usually within 12 to 24 months. It is in the judge’s exercise of discretion in deciding whether to grant MDP and factors like the nature of the offense, interests of justice, punishment of defendant, reintegration of defendant into community, loss to victim, needs of defendant, whether there is an appropriate and available treatment program, and whether the mental health issue resulted in the alleged criminal conduct affect that decision. The most crucial part of a successful military diversion is the 2 3
http://www.sdcda.org/prosecuting/veterans/veterans-court.html http://www.sdcda.org/prosecuting/veterans/veterans-court.html March/April 2016 SAN DIEGO LAWYER 39
identification of a reviewable treatment program, as review hearings will be set to monitor the progress of the treatment. On successful completion of the program, the court will dismiss the criminal charges and the arrest will be deemed to have never occurred, with a few key exceptions.
Why Specialty Court? San Diego is home to the largest concentration of military activity in the world, with 137,000 active duty military personnel, and 250,000 veterans residents and the largest discharged Operation Iraqi Freedom and Operation Enduring Freedom (Afghanistan) veteran population in the nation. About 38,000 veterans in the county have seen recent combat service. Of that, Veterans Administration research indicates that approximately 13,300 will suffer a diagnosable mental condition related to their service. 4 In 2013, 100 self-identified veterans were entering San Diego county jail every week. 5 As a result, Judge Krauel says, “The legislature has seen fit to approach a defendant who meets the requirements with a different response than you would have in the general criminal process. The response focuses on demonstrated rehabilitation as opposed to days in custody and seeks to restore the defendant to membership in the law abiding community.” Assistant District Attorney Harrison Kennedy, one of the members of the District Attorney’s Office assigned to VTC and a veteran himself says, “We’re looking to target a select group of deserving individuals – active duty or those who have served previously – who were injured in the course of military duty and suffered some sort of mental health issue as a result. 4 5
These veterans have a huge amount of potential, when aligned with treatment, to become healthy, law abiding citizens.” “The important thing to understand is that it’s not a military discount. It’s not a ‘just don’t do it again,’” says Deputy Public Defender Binder. “We owe it to our veterans to guide them through individualized treatment plans that address their particular needs and helps them to understand first and foremost what happened to them, what their trauma is about, to build self-awareness, and to re-establish them in the community.” “These veterans go from believing they are protecting society to being told they are a danger to society. It’s very difficult emotionally and philosophically to face,” adds Judge Krauel. “And the benefit,” Public Defender Binder notes, “is that the veteran has now faced their demons through extensive treatment and is no longer a danger to themselves or the community. They are faced with the reality of what they became capable of, and don’t want to go back to that place.” Currently, the majority of cases involved in VTC and MDP are handled through the Public Defender’s office. But Judge Bruce-Lyle welcomes private defense counsel to feel comfortable contacting the court about the program. “The workings of the VTC are not a secret, nor should they be,” asserts Judge Bruce-Lyle. “If counsel has questions about the process, I encourage them to contact those involved – the Public Defenders’ Office, the District Attorney’s Office and my courtroom. I have an open door policy when it comes to answering questions about the program.” Renée Galente (renee@galentelaw.com) is owner of Galente Law APC.
http://www.cvltf.org/veterans-court-statistics.html http://www.nbcsandiego.com/news/local/Local-Veterans-Court-Gives-Vets-a-Second-Chance-186407631.html
in San Diego
History Brief: How the Southern District Came to Be Photo by David Seto
The establishment of the Southern District U.S. District Court in California By Hon. William Howatt Jr. (Ret.)
San Diego's Federal Court will celebrate its 50th Anniversary in September 2016. This is the first of a series of articles that will be featured in San Diego Lawyer throughout 2016 in recognition of the court's anniversary.
B
y 1851 the Northern District and the Southern District United States District Court in California were established. The Northern District heard cases in San Francisco and Monterey. The Southern District was to hear cases in Los Angeles. The first judge of the Southern District was Judge James McHall Jones who died before hearing any cases in the Southern District. With his death, Judge Ogden Hoffman, Jr. of the Northern District heard all federal cases in the state. He was provided with a yearly salary of $5,000 so long as he discharged the duties of both districts. Until 1886 cases in the southern part of California were assigned to and heard in the Northern District. After an act of Congress, the Southern District was re-established in Los Angeles. A petition had been prepared and submitted to Congress in 1870 outlining various reasons for the location of the court in Los Angeles including: the District contained more than one-third of the population of the State; the cities, towns and villages were increasing in population and prosperity; its proximity to the Republic of Mexico and the Territories of Arizona and Colorado; and the extraordinary expense of citizens to travel to San Francisco to have their cases heard.
In 1929 the Southern District of California was divided into three Divisions, one of which was the Southern Division in San Diego and Imperial counties. Judges for the Southern Division were assigned by the Chief Judge in Los Angeles on an interim or case-by-case basis. Court sessions were generally held January and July. On November 1, 1949, Judge Jacob Weinberger was assigned to the Southern District as the first “resident” Federal Judge in San Diego. Judge Weinberger presided over many cases in San Diego; perhaps one of the most notable was the case of United States v. Elizabeth Ingals and Alfred Ingalls for a violation of the 13th Amendment – the slavery provisions of the Constitution. This was the first 13th Amendment case
The House Judiciary Committee did not consider legislation that would create the San Diego-Imperial County district until August 1957
in the United States since the days of Reconstruction. During the 1950s an effort was begun to establish a separate Federal Judicial District for San Diego and Imperial counties. Local Congressmen, including Bob Wilson and Lionel Van Deerlin, and local attorneys Sherwood Roberts, Lawrence A. Patton and Edwin C. Jeffries fought hard and tirelessly to establish this new district. Los Angeles’ domination proved to be a substantial roadblock to the creation of the new district. Chief Judge Leon R. Yankwich was said to have treated San Diego as a second-rate county town, only assigning judges on a temporary rotating basis. (San Diego Union, June 25, 1955, page 2, Section 2). The House Judiciary Committee did not consider legislation that would create the San Diego-Imperial County district until August 1957 when the Senate passed a bill that would create the new district. By June 1958 there was “cautious optimism” that the bill would be considered by the House and included in a House Omnibus Bill creating new federal judgeships. The House Judiciary subcommittee unanimously approved the Senate bill. House Speaker Sam Rayburn declined to bring the bill forward as the Democrats March/April 2016 SAN DIEGO LAWYER 41
History Brief Continued from previous page did not want President Eisenhower to have 45 federal judicial appointments. Throughout President John Kennedy’s term, the bills to create the new district were introduced and languished. With all the bills circulating and pressures being applied by the California delegation, House Judiciary Chairman Emanuel Celler was presented with a bill that would create two new districts, the Eastern District and the Southern District. Frustrated, Chairman Celler said that California would get only one new district and suggested that either the State Bar Association or the Federal Judges decide which one. The Bar Association declined and Rep. George P. Miller, D-Alameda, who had begun the controversy by demanding an Eastern District did not want the judges to make the decision. It was clear that Los Angeles was not willing to give up control. Several judges from Los Angeles and San Francisco were supporting a new SacramentoFresno district. The deadlock remained and no action was taken on the bill. In 1962 Rep. Miller made a strong effort to locate a third federal district in Sacramento-Fresno which caused a split in the California Delegation. Efforts were made to propose legislation that would create four federal districts in California. Chairman Celler issued an ultimatum that there would only be one new federal district. Celler requested a recommendation from the California State Bar Association. The Bar came out against the legislation arguing that an additional federal district would “impair the flexibility and efficiency” of assigning judges within the existing districts. It was also clear that several U.S. District Court Judges from Los Angeles and San Francisco were advocating for a third district that
would be located in Sacramento and Fresno. (San Diego Union, May 30, 1962, page 20). A special committee of the California Congressional Delegation was formed to make a recommendation but San Diego spokesmen were not included. The discord continued and no recommendation was able to be forwarded to Chairman Celler. San Diego attorney Sherwood Roberts said that it was a tough situation and “Los Angeles just doesn’t want to give up San Diego. If Los Angeles had stood by us we would have no trouble.” (Ibid.) In January 1964 the Senate passed an omnibus bill that would not only create 31 new judgeships (four in California), but also included the creation of the San Diego-Imperial and Sacramento-Fresno federal districts. This bill was approved by voice vote in the Senate without debate and sent on to the House in July. The House version of the Senate bill was approved by vote of 371-23. The Senate approved the House bill on March 8, 1966 and the two new federal districts were approved. The State of California would be divided into four districts: Northern, Central, Eastern and Southern. The legislation called for a period of six months before the establishment of the separate districts in order to allow time to establish the boundaries of each district. For the first time in 54 years a federal court reform bill had been passed and sent along to the President for his signature. On September 18, 1966 the United States District Court for the Southern District of California was born, the culmination of over 10 years of struggle and advocacy by judges, attorneys and legislators. Hon. William Howatt Jr. (Ret.) is a neutral with JAMS.
Law Library Condemned! New Year, New Space By Cheryl Weeks-Frey After 20 plus years, the North County Law Library trailer has outlived its 15-year shelf-life and is falling apart – literally. The floor is rotting through, the ceilings and windows leak, even after extensive patching, and we need to run loud dehumidifiers non-stop to eliminate excess moisture. We can no longer rent the space out for meetings or depositions, host legal clinics or classes in the conference room. This property is condemned! However, there’s good news! Just as the trailer was falling apart, the county has put replacing the trailer on its major project list. We are very excited to share that a project manager has been assigned and talks are underway with the architect to determine the best option for replacing the trailer; either another trailer or a permanent structure. Either replacement option allows us to redesign the layout.
42 SAN DIEGO LAWYER March/April 2016
We have big plans for the new space, and much of it concerns you and your bar association. With plans for a bigger, better meeting and clinic space, training room, and storage area, we are looking forward to hosting many more programs, legal clinics, bar meetings and socials, as well as space for holding depositions and solo office space. In the months ahead, we will be hosting a series of events to raise awareness for new equipment and furniture – items not covered in the structure replacement. Stay tuned to learn how you can become involved in helping create this new space. If you’d like to get involved now, please contact me at cwfrey@sdlawlibrary.org. Cheryl Weeks-Frey (cwfrey@sdlawlibrary.org) is Community Outreach Officer with the San Diego Law Library.
100
LUB
EN PERC T C 2016 SDCBA
100 PERCENT CLUB 2016 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 2016, having 100 percent of their lawyers as members of the SDCBA.
Allen, Semelsberger & Kaelin, LLP Andersen Hilbert & Parker, LLP Andrews Lagasse Branch & Bell LLP Antonyan Miranda, LLP Artiano Shinoff & Holtz* 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 Butterfield Schechter LLP Butz Dunn & DeSantis APC* Casey Gerry Schenk Francavilla Blatt & Penfield, LLP* Circuit McKellogg Kinney & Ross, LLP Cohelan Khoury & Singer Contreras Law Firm D’Egidio Licari & Townsend, APC Del Mar Law Group, LLP Dentons US LLP Dietz, Gilmor & Chazen APC District Attorney’s Office* Duckor Spradling Metzger & Wynne* English & Gloven APC Epsten Grinnell & Howell, APC Farmer Case & Fedor* Finch, Thornton & Baird, LLP Fischer & Van Thiel, LLP Fragomen, Del Rey, Bernsen & Loewy, LLP* Frantz Law Group APLC Fredrickson, Mazeika & Grant, 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* Horton, Oberrecht, Kirkpatrick & Martha, APC* Hughes & Pizzuto, APC Jackson Lewis PC 10+ years as 100 Percent Club
*
Judkins, Glatt & Hulme LLP* Kirby & McGuinn APC Kirby Noonan Lance & Hoge LLP* 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* Miller, Monson, Peshel, Polacek & Hoshaw* Moore, Schulman & Moore, APC Musick, Peeler & Garrett LLP Naimish & Lewis Law Neil, Dymott, Frank, McFall & Trexler APLC Office of the San Diego City Attorney Olins Riviere Coates and Bagula, LLP Oliva & Associates, ALC Parker Straus, LLP Paul, Plevin, Sullivan & Connaughton LLP* Peterson & Price, APC 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 Rowe | Mullen LLP Sandler, Lasry, Laube, Byer & Valdez LLP Schwartz Semerdjian Cauley & Moot 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 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 Withers Bergman LLP Wright, L’Estrange & Ergastolo
Sustaining Members The San Diego County Bar Association gratefully acknowledges its Sustaining Members.
PATRON MEMBERS Marc D. Adelman Jose S. Castillo Ezekiel E. Cortez William O. Dougherty James P. Frantz Van E. Haynie Rhonda J. Holmes Richard A. Huver Laura H. Miller Gerald S. Mulder 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, Jr. Philip P. Lindsley FRIEND MEMBERS Laura Ashborn Steven Barnes Frank Lawrence Birchak Edward V. Brennan Scott Carr Linda Cianciolo David B. Dugan Susan K. Fox Kenneth N. Greenfield Ronald Leigh Greenwald Ajay K. Gupta Karen A. Holmes Daniel A. Kaplan Mark Kaufman Marguerite C. Lorenz Robert E. McGinnis Joseph Jay McGuire Raymond J. Navarro Justin Nielsen Anthony J. Passante, Jr. Anne Perry Kristi E. Pfister Ralph T. Santoro, Jr. Stella Shvil March/April 2016 SAN DIEGO LAWYER 43
SDCBA Member Benefits Your SDCBA membership offers you a wide variety of member-only benefits and discounts from the following providers:
Preferred Provider
INSURING LAW FIRMS ONE POLICY AT A TIME
Member Benefit Providers
JEFFREY CHASAN
速
Learn more about exclusive offerings from the providers above at:
www.sdcba.org/memberbenefits
PHOTO GALLERY ANNUAL JUDICIAL RECEPTION Photos by Douglas Gates On March 9, Bar members honored San Diego's judiciary at the SDCBA's Annual Judicial Reception. Thank you to event sponsors Antonyan Miranda, the Valdez Team, Westlaw, and Judicate West.
Hon. Kevin Enright, Hon. Browder Willis
Heather Riley
L-R: Luis Mendez, Javier Vargas, Nereida Melgarejo, Matt Brower
L-R: Judith McIlwee, Rena Wallenius, Jesse Schram, Jeffrey Herbst
L-R: Hon. Karen Crawford, Hon. Sharon Kalemkiarian, Hon. Gonzalo Curiel, Hon. Amalia Meza
Robert Geiger, Danielle Vukovich
Hon. Keri Katz, Hon. Aaron Katz
Hon. Laura Birkmeyer, Mike Lasater
David Middleton, Stacie Patterson
L-R: George Howard Jr., Kim Stewart, Hon. Ruben Brooks, Rebecca Kanter
L-R: Rich Segal, Hon. Gary Haehnle, Fielding Mellish, Hon. Patricia Garcia
L-R: Hon. Judith McConnell, Hon. Frederic Link, Hon. Joan Irion, John Seitman, Hon. Sharon Kalemkiarian
ADVERTISERS INDEX ADR Services, Inc......................................... 2 AHERN Insurance........................................ 5 Albertson & Davidson LLP..................... 12 California Western School of Law..... 20 CaseyGerry .................................................... 3 First Republic Bank..................................... 16 Fragomen, Del Rey, Bernsen & Loewy, LLP.. 30
Gomez Trial Attorneys............................. 32 Hosey Mediation......................................... 40 JAMS................................................................... 38 Judicate West ............................................... 37 Kathryn Karcher........................................... 18 Law Office of Steven C. Vosseller...... 35 LawPay.............................................................. 23
Lawyer Referral & Information Service.... 6 Panish Shea & Boyle LLP...................................48 Pokorny Mediations.............................................10 San Diego County Bar Foundation .38 Todd Bulich Real Estate Company... 47 West Coast Resolution Group............. 14
March/April 2016 SAN DIEGO LAWYER 45
PHOTO GALLERY HIGH SCHOOL MOCK TRIAL COMPETITION Photos by Michael Sorensen Students from all over San Diego County participated in the annual San Diego County High School Mock Trial Competition. Thank you to all of the attorneys who volunteered as coaches and scorers, and congratulations to this year's winners.
L-R: Kristin Rayder, Zachary McGaugh, Nicholas Vilbrandt
Hon. Amalia Meza
Jason Davis
Academy of Our Lady of Peace Team
Matthew Canberry
PALSD/FALSD ANNUAL DINNER Photos by Barry Carlton
Anna Park
Back Row L-R: Carlos Varela, Leonard Trinh, Mark Amador, Rachel Cano, James Koerber, Victor Nuñez, Eric Tran, Daniel Bahk, John Dunlap, Roy Lai; Front Row L-R: Summer Stephan, Rebecca Zipp, Marcella McLaughlin, Bryn Kirvin, Linh Lam, Hon. Kelly Mok, Lilia Garcia
Olga Álvarez, Jonah Toleno
Bonnie Dumanis, Hon. Kelly Mok
The Pan Asian Lawyers of San Diego and the Filipino American Lawyers of San Diego held their 38th Annual Dinner and Installation of Officers on January 28.
Ronald Almohiela, Kim Carter
CONSUMER ATTORNEYS DINNER Photos by Greg Lambert On February 18 the Consumer Attorneys of San Diego hosted their 57th Annual Awards and Installation Dinner.
L-R: Timothy Blood, Assemblywoman Lorena Gonzalez, Brett Schreiber 46 SAN DIEGO LAWYER March/April 2016
Robert Simon (middle) with friends and family
Justin Brooks (center front) with friends and family
Hon. David Danielsen, Kim Danielsen
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Referrals - It’s a matter of dollars and sense. The attorneys of Panish Shea & Boyle LLP have obtained some of the most significant verdicts and settlements in U.S. History - often setting records with their trial results. With more than fifteen 8-figure verdicts in the last 5 years, no other California firm wins this big as often as Panish Shea & Boyle LLP. Our presence on a case delivers maximum benefits and recovery, both to the client and the lawyer who refers the case. You’ll get the resources, experience and skills needed to win the most complex cases for individuals who have suffered injury from the wrongful acts of others. The firm handles third party cases and joint ventures with attorneys who want to stay more actively involved. Contact Panish Shea & Boyle LLP today to discuss how we may assist you.
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