San Francisco Attorney

T H E B A R A S S O C I A T I O N O F S A N F R A N CI S C O / S p r i n g 2 0 1 8

LEGAL TECH

The Ethics of Third-Party Technology Solutions bitcoin: a primer for attorneys RAnsomware Reputation Management

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SAN FRANCISCO C O V E R

S T O R Y

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The Bay Area Resilience Collaborative: Standing With Our Neighbors Kathleen Guthrie Woods

F E A T U R E S

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Looking west across the San Francisco Bay as the sun sets through wildfire smoke over the Marin Headlands. Credit: Shelly Rivoli/Alamy Live News

LEGAL TECH Ransomware: A Growing Threat Anjali Kulkarni and Joseph Burton

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LEGAL TECH Reputation Management for Lawyers Ken Matejka

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LEGAL TECH Bitcoin: A Primer for Attorneys Peter Roldan

2 SPRING 2018

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LEGAL TECH The Ethics of Third-Party Technology Solutions Sarah J. Banola and Joanna L. Storey

ATTORNEY A Publication of the Bar A ssociation of San Francisco

F E A T U R E S

(continued)

SPRING

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C O L U M N S

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PRESIDENT’S REPORT A Strong Voice For the Rule of Law Malcolm A. Heinicke

Theresa Meikle, then Assistant District Attorney, in 1923

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FROM THE ARCHIVES The First Female Superior Court Judge: San Francisco’s Judge Theresa Meikle Mark Hull

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LEGAL TECH Facebook News Feed Changes: Good For Lawyers, Bad For Law Firms Kevin O’Keefe

2018 President Malcolm A. Heinicke, left, with immediate Past President Merri A. Baldwin, at the Membership Luncheon and Installation of Officers in December 2017

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BARRISTERS CLUB REPORT Let the Barristers Help Shape Your Career Andrew Amoroso

4

BOARD OF DIRECTORS

64

INDEX OF ADVERTISERS

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 3

THE BAR ASSOCIATION OF SAN FRANCISCO 301 Battery Street, Third Floor, San Francisco, CA 94111 phone 415-982-1600 / fax 415-477-2388 A PUBLICATION OF

The Bar Association of San Francisco

www.sfbar.org

Editorial Team Kerstin Firmin, John Hammett, Eric Johansson, Sayre Happich, Kathleen Guthrie Woods Design/Art Direction Sarah Davis,

Kerstin Firmin

BASF BOARD OF DIRECTORS President Malcolm A. Heinicke President-Elect Doris Cheng Treasurer Stuart Plunkett Secretary Marvin Anderson Board of Directors Alexis Amezcua, David Carrillo, Terrance Evans, Sigrid Irias, Charles Jung, Sebastian Kaplan, Colin Kemp, Miriam Kim, Karen Kimmey, Carolyn Lee, Lisa P. Mak, Mary McNamara, Peter C. Meier, David Otsuka, Vidhya Prabhakaran, Jennifer Redmond, David Tsai, Sharon Woo BARRISTERS BOARD OF DIRECTORS

President Andrew Amoroso President-Elect John Hamasaki Treasurer Natascha Fastabend Secretary Kelly Matayoshi Board of Directors John-Paul Deol,

Lauren Young Epstein, Nadim Hegazi, Anjali Kulkarni, Sean McHenry, Jessica Ryland, Matthew Valdez, Jamie Wells, Pierre Zado

SAN FRANCISCO ATTORNEY (ISSN 0744-9348) Volume 44/Number 1.

Published quarterly for $36 per year by The Bar Association of San Francisco, 301 Battery Street, Third Floor, San Francisco, CA 94111. Periodical Postage Paid at San Francisco, CA, and at additional mailing offices. Subscription inquiries and changes of address should be sent to San Francisco Attorney, 301 Battery Street, Third Floor, San Francisco, CA 94111. POSTMASTER: Send address changes to San Francisco Attorney, 301 Battery Street, Third Floor, San Francisco, CA 94111. © Copyright 2018 by the Bar Association of San Francisco. All rights reserved. Reprint Requests: The Copyright Act of 1976 prohibits the reproduction of any portion of this issue except with the permission of the publisher. For permission to copy or to use mate­rial from San Francisco Attorney magazine, please contact the editor at editor@sfbar.org. Neither BASF nor the editors assume responsibility for statements or expressions of opinion by contributors to this publication.

EXECUTIVE STAFF Yolanda Jackson Executive Director and General Counsel, The Bar Association of San Francisco; Executive Director, Justice & Diversity Center Sandra Rodriguez Chief Financial Officer, The Bar Association of San Francisco and the Justice & Diversity Center THE BAR ASSOCIATION OF SAN FRANCISCO Jack Hannan Deputy Executive Director Raquel Cabading Director of Continuing Legal Education Carole Conn Director of Public Service Programs Kerstin Firmin Director of Communication and Public Relations Bruce Keppler Director of Information Technology Leonard Lun Director of Membership Julie Traun Director of Court Programs JUSTICE & DIVERSITY CENTER Gloria Chun Director/Managing Attorney, Pro Bono Legal Services Program Teresa Friend Director/Managing Attorney, Homeless Advocacy Project Steve Love Director of Donor and Community Engagement

SAN FRANCISCO ATTORNEY LETTERS TO THE EDITOR & SUBSCRIPTIONS phone: (415) 782-8910 / email: editor@sfbar.org ADVERTISING INFORMATION Michael Walker, National Advertising Manager phone: 213-896-9210 / email: mike@rwwcompany.com

On Our Cover Photo Mosaic Golden Gate Bridge photo mosaic created from photos from last year’s most memorable special events, including the Justice & Diversity Center’s 40th Anniversary Gala, the Barristers Club’s Judges Reception, and the Bar Association of San Francisco’s Annual Membership Luncheon. photos by Jim Block

4 SPRING 2018

Raising awareness for Immigration Programs The Justice & Diversity Center and the Barristers Club of the Bar Association of San Francisco are proud to co-sponsor

Sunday April 29, 2018 Golden Gate Park Peacock Meadow 5K: 8:30 a.m.

Kid’s Mile: 9:30 a.m.

Picnic:12:00 p.m.

JDC and the Barristers Club are excited to partner with the Impala Racing Team and invites the entire legal community to join us for a day of fun and competition. Last year, nearly 600 runners joined this race. The course is mostly flat, begins near the Conservatory of Flowers, winds along JFK Drive, circles Stow Lake and returns on JFK Drive.

For more information,

Register now with code “BASF”:

email bike@sfbar.org

www.impalaracingteam.org/stampede5k.html

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 5

PRESIDENT’S REPORT

A Strong Voice for the Rule of Law Malcolm A. Heinicke

The following are excerpts from Malcolm Heinicke’s remarks at his December 14, 2017, installation as the 2018 president of the Bar Association of San Francisco.

Malcolm Heinicke

6 SPRING 2018

PRESIDENT’S REPORT

I

am so proud to be part of this association and so proud to be a San Francisco lawyer.

I want to thank all those who have inspired me to be here today: First, those at the Bar Association of San Francisco (BASF) itself: When I became an officer four years ago, there was no question who my BASF role model was. Kelly Dermody was my BASF president and I thank her for leading the way.

Becoming the 105th president is extra humbling because the 104th president was the tireless dynamo that is Merri Baldwin. And right behind me in the succession line is Doris Cheng—my beacon for both toughness and compassion, and I am excited to learn even more from her this year.

Beyond the officers, there are the heroes who run BASF so capably and unflappably: • the new director and managing attorney of the Justice & Diversity Center’s (JDC) Pro Bono Legal Services programs, Gloria Chun, • the director of JDC’s Homeless Advocacy Project, Teresa Friend, • the head of JDC’s Immigrant Legal Defense programs, Carole Conn, • and, of course, our rock star executive director, Yolanda Jackson.

I pledge to support you and really just stay out of your way as best I can.

Your bar association does not just speak out on your behalf, it takes action and facilitates opportunities for you to do the same.

My second round of thanks goes to my Munger, Tolles & Olson family. Our firm does not just support community service, it expects and celebrates it.

This fabric of our firm attracted me as a summer associate and it is why I am so proud to still be an MTO lawyer more than twenty years later. To name just a few who reflect our firm, let me single out incoming BASF board member and president of the Asian American Bar Association, Miriam Kim, and our firm’s co-managing partner Sandra SevilleJones who is here from Los Angeles.

Third, our bench. We are blessed to have such a dedicated group of jurists who not only apply the law but engage with our community to ensure access to justice. No one epitomizes this more than Teri Jackson, Presiding Judge of the San Francisco Superior Court.

Fourth, my clients. There are a few here today, and what I love about so many of them is embodied in the brilliance, ethics and comradery of Jackie Sung from the Wells Fargo Law Department.

Last and certainly most, my wife, Meg Heinicke. Meg is Executive Director of Namaste Direct, a non-profit that does micro-lending to businesswomen in Guatemala.

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 7

PRESIDENT’S REPORT Now I would like to ask all people named to stand, and I want to invoke a moment a parental privilege with my daughters, who are here today:

That was the last time this great country ever disappointed him. He went on to an amazing career as a clinician and professor at UCLA medical school.

Look around. If, later in your life, someone ever suggests that you cannot do something because you are a woman or that this is a man’s world, I want you to remember this diligent, driven and diverse group of women and respond as follows: “No, my dad is a San Francisco lawyer, and he showed me differently.”

Once, when I was a boy, we were reflecting on the arbitrary and threatening harassment his family received under the Nazis. We discussed the unchecked aggression and the brutal under-age conscription process that killed all but one of his elementary school classmates on the Russian front.

After a deep breath, my dad paused and asked “Where were the lawyers?”

Now, keeping with tradition, the requisite little bit about me. I am a first-generation American. My mother was born in Africa and my father was born in Berlin, Germany in 1926. Like my grandmother, my dad was a Lutheran in the church of Pastor Martin Niemöller, but because his step-father (my grandfather) was Jewish, the whole family was persecuted.

They escaped the Nazis in 1936, just after my dad was in the stadium to see his soon-to-be fellow citizen Jessie Owens silence ignorance by winning gold at the Olympics.

After this, my father proudly confided in a school librarian that he was moving to Oregon, seeking knowledge about this far-off place. The librarian showed him a Western film about Oregon. At ten years old, my dad arrived in downtown Portland excitedly expecting wagon trains and wooden sidewalks.

Now, that is not normally what a doctor says reflecting on something gone bad.

But that was the question. In a society supposedly built on law and order, the rule of law was gone, and as Pastor Niemller himself would later famously lament, no one stood up for it in time.

It is against this upbringing that I am so proud to be a San Francisco lawyer – our community demanded equal rights, and now a room full of female role models is an everyday reality. That struggle continues as do our other efforts to diversify this profession, but we are leading this charge.

It is also against this background that I am so proud to be a San Francisco lawyer who clerked for Vaughn Walker and worked to elect Bevan Dufty and then served as an appointee of Gavin Newsom.

It is against this upbringing that I am so proud to be a San Francisco lawyer —our community demanded equal rights, and now a room full of female role models is an everyday reality. That struggle continues as do our other efforts to diversify this profession, but we are leading this charge.

8 SPRING 2018

PRESIDENT’S REPORT Let’s not forget that it was just a decade ago that the Democratic candidates for president did not want to be photographed with Mayor Newsom and other city leaders because we were agitating for gay marriage. Our community started a revolution, and not only did commonsense and love prevail, but so did the rule of law.

And, it is against this backdrop that I am so proud to serve as president of this organization.

• We are a strong voice for the rule of law • We are the action that promotes it • And, we are the community that protects and supports those who defend it through an everyday commitment to the process at the very core of that order Let’s start with BASF’s role as the voice of the rule of law.

In this time of uncertainty, anxiety and fear, our bar association has spoken out. When it appeared federal agents would conduct sweeps at courthouses, we condemned and helped stop this intimidation of those seeking to avail themselves of justice. When the police department raced to adopt tasers, we documented and spoke out on the flaws in this effort. The rule of law protects everyone, but it is no accident that when we speak out, we tend to protect our fellow San Franciscans who are most vulnerable.

Our Eviction Defense Project trains volunteer lawyers to handle trials on behalf of San Franciscans threatened with losing their homes – not surprisingly, with the help of lawyers, our clients fare far better at keeping their homes.

Here, I must stop and note the sad passing of our friend Ed Lee. We all know him as mayor, but he started as an eviction defense lawyer, and if you want to carry on his passion, please join us.

And, we have played a focal role in mobilizing legal efforts in response to the current administration’s immigration policies. Our Immigration Task Force, conceived by Merri Baldwin, has coordinated training sessions to help lawyers respond to current need and provide legal support to those facing deportation and separation from their families.

We now have eight lawyers on staff (a small law firm) dedicated to pursuing justice for immigrants. We will continue this effort again in 2018, and I am thrilled to say that Tony Schoenberg has agreed to chair the task force.

Now, think about these programs – fellow San Franciscans facing abuse by a partner, loss of a home, deportation of a loved one. Some of the most devastating and personal problems there are, and many in our City would otherwise have nowhere else to turn. But thanks to you, they can turn to BASF/JDC, to us. We are their lawyers, we are their family.

Your bar association does not just speak out on your behalf, it takes action and facilitates opportunities for you to do the same. There are too many programs to cover, but let me just name a few:

Finally, we do more than provide a voice and path to action, we are a community, and the primary focus of my year will be you – the members. I will ask what the bar association can do for you.

JDC’s Family Law Project assist low-income individuals and families with family law matters including child custody and domestic violence restraining orders. Last year, these projects assisted over 1,200 clients.

We lawyers are the foot soldiers in the battle to provide access to justice and defend the rule of law, and it is critical to that process that we not only take pride in our roles but that we respect and value each other.

I know that some of you younger lawyers may be thinking to yourselves, “yeah right, how am I preserving the rule

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 9

PRESIDENT’S REPORT of law by filling out answers to form interrogatories?” But you are. You are part of process. Justice doesn’t come from speeches—it comes from daily, tireless adherence to process.

In addition, we will continue our focused call to action. Last year, President Baldwin coordinated the menu of volunteer opportunities from which you can choose.

In other countries, the judicial process is uncertain and corrupt, and this leads to injustice and violence. Indeed, in the same location where we sit today, in the shadows of the Barbary Coast, disputes used to be resolved with bribes and knives. Now, they are resolved under the rule of law before a judicial branch that is the envy of the world.

This year, JDC Director Gloria Chun and I will come to you. We will visit firms and in-house law departments and explain how you can volunteer in an efficient manner that best suits your interests. Call it the pro bono road show.

This is all why I am so proud to be a San Francisco lawyer and a member of this bar association.

With this pride, I turn to what I know will be your favorite part of my speech -- the last part; my initiative for this year.

Often, a president’s initiative is an entirely new program.

But, at this juncture, while the outside world is so uncertain and unstable, BASF is most certain and most stable.

In my nearly two decades of involvement with BASF, including as Barristers president and serving on both boards, I have never seen the association so strong, so focused and so capable.

We have in some regards unprecedented need for our services, but we also have unprecedented capability to meet those needs. So, we are not going to introduce a new program or divert resources this year, we are going to double down on the critical efforts we are taking now.

We will strengthen our voice. I will work with our communications department to make our expertise available and take our message well beyond the legal community.

We will coordinate our voices against courtroom funding cuts, and work proactively with our county personnel to make sure the incoming governor really understands the dramatic effect such cuts have on access to justice.

10 SPRING 2018

And, finally, I will focus on our continuing efforts to strengthen our legal community. We need to support and mentor each other. A legal community that bonds is not only more civil but we are empowered to come together to defend our system and the rule of law. More personally, the simple reality is that being a lawyer is hard – and having this community to share that experience with has been most rewarding for me, and I want that for you.

In closing, I am grateful for the chance to hold this position and so optimistic about our future. We are committed to the rule of law because we know the real and individual consequences that deviation has for our clients and our fellow citizens. And, I know that whatever happens in these trying times, no one will ever look back and ask with lament: Where were the San Francisco lawyers?

Malcolm A. Heinicke is the 2018 president of the Bar Association of San Francisco. A partner at Munger, Tolles & Olson, his practice focuses on employment and complex commercial litigation, particularly in class and collective actions and employee mobility matters.

Photos from the Annual Membership Luncheon and Installation of Officers on December 14, 2017.

Photos by Jim Block

From left, David Nied and BASF Executive Director Yolanda Jackson

From left, Past President e. bob wallach, BASF’s Leonard Lun, Award of Merit recipients Victoria Newman and Dennis Hanshew with Past President Michael Tubach

From left, immediate Past President Merri Baldwin, BASF Secretary Marvin Anderson, Kris Hermanns and Mark Linderman

From left, Past President Jeff Bleich and Bevan Dufty

Paul Henderson

From left, Adam Kaplan, BASF Board Member Miriam Kim and BASF President Malcolm Heinicke

From left, Pia Kim and Raul Alcantar

Frank Leidman

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 11

Photos by Jim Block

From left, BASF Board member Lisa Mak, Adam Kaplan, Ann Nguyen, BASF Board Member Miriam Kim, President Malcolm Heinicke, and BASF Board Members Sebastian Kaplan and Charles Jung

From left, Past Presidents Russ Roeca, Jeff Bleich, and, in the background, e. bob wallach

2018 BASF Treasurer Stuart Plunkett

12 SPRING 2018

From left, Past Presidents Merri Baldwin and Kelly Dermody

From left, BASF Executive Director Yolanda Jackson, Christine Van Aken, Mike Yuen, Hon. Garret Wong, Past President Merri Baldwin and Hon. Therese Stewart

From left, Outstanding Barrister award recipients Audrey Siegel, Lindsey Mignano and Shuting Chen

Mike Moye

Meg Heinicke

From left, Past President Michael Tubach, Cloey Hewlett and Past President Chris Kearney

From left, Hon. Garrett Wong, Charlene “Chuck” Shimada and Past President David Balabanian

From left, Past Presidents Nanci Clarence and Doug Young

From left, SF Public Defender Jeff Adachi and SF Superior Court CEO Michael Yuen

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 13

BARRISTERS CLUB REPORT

Let the Barristers Help Shape Your Career Andrew Amoroso

14 SPRING 2018

With a steady stream of professional and personal responsibilities vying for our attention, it can be challenging to make time to focus on our own professional development.

Our days are filled with so many commitments and tasks that are right in front of us—meetings, deadlines, phone calls, and emails—that it becomes hard to justify spending time, even an hour or two a week, on our own professional growth.

Photo by Jim Block

BARRISTERS CLUB REPORT

From left, Barristers Club President Drew Amoroso, Barristers Club Board Members Jessica Ryland, Natascha Fastabend, and Anjali Kulkarni

Executing on our day-to-day work is certainly important.

But one of the hallmarks of successful attorneys is their ability to consistently make time to focus on selfimprovement and career development. They view time spent on professional development as an investment, not an expense. They realize that by improving their own practice, they’re able to better serve their clients, their colleagues, their family, and their community.

If consistent development is a hallmark of successful attorneys, then how can we ensure that we’re creating opportunities for professional growth?

Enter the Barristers Club. Comprised of members of the Bar Association of San Francisco in their first ten years of practice, the Club was founded over ninety years ago to promote fellowship among newer members of the legal profession. Over the years, the Club has executed on that mission by offering a professional community, programs, and resources that are tailored to the unique needs of our members. The Club helps attorneys navigate their career path, build and develop skills, facilitate network-building, foster diversity in the profession, and find their place in the legal community.

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 15

BARRISTERS CLUB REPORT

As a member, there are lots of opportunities to use the Club as a resource for consistent growth. Here are three of the many ways the Barristers Club can help shape your career.

Develop Practical Skills The pursuit of a deeper understanding of the law is certainly an important part of your practice. Our seventeen practicespecific sections offered forty-two CLEs last year and we have plans to expand those offerings this year.

But in addition to learning the law, what about the skills you need to practice on a day-to-day basis? Skills related to your ability to speak in public, argue in court, take depositions, close a deal, advocate for your clients, negotiate, manage your practice, and communicate with colleagues, staff and clients, among a whole host of other practical skills?

The Club offers opportunities to build these skills through our practical skills committee, which hosts public speaking trainings, skills-based boot camps and CLEs, practice management seminars, and many other opportunities

for development. Our Pro Bono and Community Service Committee connects attorneys with pro bono opportunities in the Bay Area—an excellent way to serve the community and those in need while building key foundational skills. And all of our sections and committees are led by our members, giving you a chance to refine your presentation, leadership and communication skills.

Build a Robust Professional Network— Pressure-Free The word “networking” can carry a negative connotation.

For many of us, succeeding at a “networking” event means we must be ready at all times to impress or make efforts to sell others on our abilities.

But at its core, networking is simply participation in a group that is operating interactively to achieve a common goal. It means interacting with colleagues, exchanging information, providing resources and support, and looking for opportunities to operate as a network. Networkbuilding doesn’t have to be a monotonous or pressure-filled undertaking. In fact, it should be the exact opposite.

We want to demystify networking and bring more of our members together in new and casual ways. Our sections offer many happy hours, but we also focus on finding new settings that will foster genuine opportunities to connect with others.

Most attorneys spend their entire day inside an office; we want to get our members up and out from behind their desks and participating in activities that aren’t related to practicing law. This year we have plans to create opportunities to build your network around activities: running and walking groups, experiencing the arts and sciences, and community service.

From left, Barristers Club President Andrew Amoroso and immediate Past Barristers Club President Adam Kaplan

16 SPRING 2018

If you’re weary about networking, come join us this year at events that are pressure-free and will help you make genuine connections with your colleagues.

BARRISTERS CLUB REPORT

catalyst for consistent self-development and career-building experiences.

We want the Barristers Club to be a resource that empowers you to accomplish your professional goals and become the practitioner you want to be.

Take Control of Your Practice + Career The career paths of most attorneys are not linear. We decide to specialize, switch practice areas, transition in-house, or start our own law firms. Barristers events and programs offer attorneys a wealth of opportunities to learn how they can improve their practice and map out their career path.

Your membership, of course, gives you access to important CLEs, information, and events that are designed to accelerate your professional development and expose you to new opportunities. But the hidden value in your Barristers membership is your access to the stories, knowledge, support, and camaraderie of other attorneys who can influence the course of your career. Our sections and committees are designed to foster this kind of information-sharing and experiential learning.

So if you’re looking to take control of your career--instead of just being along for the ride--there’s no substitute for learning about the experiences of others and creating your own opportunities for growth.

Here’s the main takeaway: let the Barristers Club help shape your career. We want your membership to be a

We want it to be a resource that empowers you to accomplish your professional goals and become the practitioner you want to be.

Whether you’re in solo practice or working for a big firm, a corporate or government attorney, or working in public service or in house, there is a place for you in the Club.

Drew Amoroso is the President of the Barristers Club and founder of Move Associates, a company that helps law firms train their associates to achieve their performance and productivity goals, accelerate their professional development, and add value to the firm and its clients.

YOU ARE INVITED TO ATTEND

THE BARRISTERS CLUB

OPEN HOUSE Thursday, March 29 • 6:00 - 8:00 p.m.

THE BAR ASSOCIATION of SAN FRANCISCO 301 Battery Street, Third Floor, San Francisco

WWW.SFBAR.ORG/OPEN-HOUSE

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 17

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Malcolm Heinicke

Adam Kaplan

Miriam Kim

BASF President

Immediate past Barristers Club President

BASF Board Member

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 19

THE BAY AREA RESILIENCE COLLABORATIVE STANDING WITH OUR NEIGHBORS Kathleen Guthrie Woods

W

hen October’s wildfires ignited a catastrophic event that devastated large areas of Napa, Sonoma, Mendocino, and surrounding counties, people were impressed with how quickly The Bar Association of San Francisco (BASF) and the Justice & Diversity Center (JDC) responded with services for the victims. It was not a spontaneous action. Instead, the programs that were quickly made available were the result of years of conferring, researching, and designing by a handful of forward-thinking individuals.

The Bay Area Resilience Collaborative (BARC), a coordinated effort to deliver free legal services in the

20 SPRING 2018

aftermath of a disaster, is the brainchild of four forces of nature: Tiela Chalmers, Chief Executive Officer and General Counsel of the Alameda County Bar Association (ACBA) and Volunteer Legal Services Corporation; Sharon Ngim, Program Developer for the State Bar of California; Mairi McKeever, former Director and Managing Attorney of JDC, and Carole Conn, BASF’s Director of Public Service Programs. Although they are quick to credit others, these women represent the core partnership that reflects extraordinary inter-agency collaboration and cooperation. Several legal service organizations became partners during the planning stages, and when calls went out for attorneys to volunteer their time and expertise, members from across the Bay Area stepped up. “Four hundred attorneys signed up to help within a day,” says Conn. “It was amazing.”

Rincon Valley firefighters rest in the archway and against the fireplace of a home on Wikiup Drive in Santa Rosa after the Tubbs firestorm swept through Oct. 8 and 9. These firefighters were first on the scene and had been on the job for four days when these photos were taken Oct. 12.

Neighborhood signs burnt in wildfire

Fire crews, using controlled burns, create a barrier in the foothills of Carpinteria, California, in the hopes of containing the Thomas fire in Southern California.

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 21

“You’re really stepping into someone’s life and standing beside them.”

—Michael Duignan, Fenwick & West BARC hotline volunteer

Here’s how they all came together, worked together, and implemented their plan.

A History of Disasters

Our great state is no stranger to natural disasters. “Between 1989 and 1997,” says Ngim, “California had seventeen federally declared disasters.” In 2017, between February and July, California had eight. Earthquakes and fires are the obvious culprits, but planning a response for an epidemic or man-made disaster, such as a terrorist attack, are also considered.

The core team started talking in 2010 about the need for an effective disaster response plan. They each set out to gather information and resources, learn from others, and determine what they would have to develop on their own.

By reaching out to individuals from organizations in Texas, Florida, New York, and closer to home, they drew upon experiences and lessons from other disasters, including the 1988 49er Fire in Nevada County, the 1989 Loma Prieta earthquake, the 9/11 terrorist attacks, hurricanes Sandy and Katrina, and the ensuing aftermaths. “They were not territorial, not proprietary. They were very generous,” says

22 SPRING 2018

Ngim about the people with whom they spoke. “They were willing to share knowledge, resources, and practical tips.”

The BARC team reviewed published materials, systems, and programs, and began envisioning how the Bay Area legal community could best use their skills to assist survivors.

The process was hardly linear. “You get going, then staff changes, technology changes, and the planning stalls,” says Conn. “The challenge is that disaster response planning is never anyone’s priority,” says Chalmers. “There are plenty of things that keep us busy.” Ngim adds, “There’s an inclination to avoid it, like needing to clean out the closet that has so much stuff piling up. It’s at the bottom of the to-do list.”

After a few stops and restarts, the foursome reconvened in July 2014 and started BARC. “We invited other people to be a part of it, formed the group, and got some funding, which covered our time and gave us a push to build the system,” says Chalmers. They recorded training programs and laid the foundation for the hotline. Although they weren’t prepared to launch when the 6.0 earthquake hit Napa that August, that event strengthened their resolve to form and develop a solid and strategic collaboration.

The partners complement each other. “There are certain things we can do at the State Bar, resources we can tap into,” says Ngim. “There are some bits of overlap, but everyone brings something to the table. The sum of the parts is greater than the whole.” One of the benefits the State Bar offers is an office in Los Angeles. “We have that as a backup,” Chalmers says. Having a remote location offers a contingency plan if, for example, local cell phone towers are down, electricity is out, or access is blocked to offices or buildings. Operations could still run from that remote location while attorneys and aid organizations provide services on the ground.

Other components they began developing included the group’s website (www.lawhelpca.org/disaster-reliefinformation), a disaster relief handbook created by Morrison & Foerster’s pro bono department, and training videos addressing what the team had heard would be the most pressing legal concerns in the aftermath of a disaster: insurance claims, landlord-tenant disputes, homeowner property damage, employment law. Those videos were offered on YouTube so attorneys could watch them on their own time before being called to volunteer.

Looking west across the San Francisco Bay from the East Bay hills over Point Richmond as the sun sets through wildfire smoke over the Marin Headlands, south of the Sonoma and Napa wildfires. Air quality on this day was rated as bad in San Francisco as in Beijing China. October 12, 2017. Credit: Shelly Rivoli/Alamy Live News

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 23

That training would be the foundation for the hotline. A hotline number was reserved, and BASF, since it already had an established lawyer referral program and a large phone bank, was designated as the ideal spot to host it.

All of this was in place when the fires started on October 8 and 9. “Had we not been meeting…,” says Ngim. But they had, and their ideas and efforts would be tried and tested.

Serving the Survivors of the Northern California Wildfires BARC’s pilot program quickly grew into a major response effort. Conn and her department launched the hotline, with JDC (and new Director/Managing Attorney Gloria Chun, who had taken over for Mairi McKeever earlier that month) managing it. An informational flyer was translated into Spanish, Tagalog, and Chinese, and distributed to local assistance centers. Very quickly, Morrison & Foerster also translated its 2017 Northern California Wildfires Helping Handbook (aka The Helping Handbook) and released it to the public. (Available in English and Spanish at www.mofo. com/culture/community/2017-northern-california-fires. html.) BASF and JDC utilized social media with posts on Facebook, Twitter, Instagram and LinkedIn, to promote the hotline and services to the public and call for volunteers.

At the heart of the effort is the confidential legal assistance hotline, and it lit up immediately upon its “soft launch.”

Callers may receive assistance with “insurance claims, property loss, landlord-tenant, repair and construction, employment, consumer matters, and securing FEMA assistance,” according to the flyer. One volunteer attorney and one supervising attorney staff each shift (8:30 a.m. to noon and noon to 4:00 p.m.; for the first two weeks, a 4:00 p.m. to 8:00 p.m. shift was added). A volunteer attorney takes the caller’s information and, if possible, offers a brief

24 SPRING 2018

“People lived in their home for years, had a twelve-month lease, then month-to-month.

Suddenly, after the loss of their home, they’re in a new housing market where rents have tripled.”

—Steven Madrid, Latham & Watkins BARC hotline volunteer

answer or advice. For example, if someone asks whether their insurance covers specific damage, the attorney may be able to tell the caller where to look in their policy. If the issue is more complex, the attorney may refer the caller to a legal aid group or another attorney through the lawyer referral service.

The hotline has the added benefit of providing attorneys with opportunities to gain experience and develop skills in issues that are not within their primary areas of practice.

As these attorneys may have limited time to volunteer, the plan was designed to accommodate them. Steven Madrid, an associate at Latham & Watkins, whom Chun describes as a “dedicated volunteer on the hotline,” lives in San Francisco, but works in his firm’s Menlo Park office. He was able to take morning shifts at BASF before heading to work.

“You show up for a few hours,” he says, “then, when calls are light, you bring out your laptop, so you’re not getting behind in work.” Michael Duignan, an associate at Fenwick & West, was able to do evening shifts. “It fit my schedule,” he says, “and it was also helpful for people who couldn’t call in during work hours.”

Both Duignan and Madrid were motivated by the opportunity to contribute their skill sets. Duignan saw the email about the hotline, and it was an easy decision to volunteer. “I might not be able to personally, physically be available to help up there,” he says, “but what I can do is provide something valuable: legal knowledge, and helping to guide them and create a game plan in rebuilding their lives.”

It’s no small gift, for in addition to answering questions and directing callers to appropriate resources, volunteers offered callers a sympathetic ear. “When we opened the hotline, we had not expected the level of trauma,” says Chalmers.

“We learned something from intake, that people need to tell their stories. For people who fled through flames, it’s a matter of ‘Here’s what happened to me.’” Madrid heard a common theme from callers who were long-time renters.

“People lived in their home for years, had a twelve-months lease, then month-to-month. Suddenly, after the loss of their home, they’re in a new housing market where rents have tripled.” Callers shared their fears with him, the harsh reality of “I have to downgrade my lifestyle dramatically through no fault of my own.”

BARC Partners Thank you to the individuals in each of these organizations who have given their time, talents, and skills to helping Californians in need.

Alameda County Bar Association Lawyer Referral Service Volunteer Legal Services Corporation The Bar Association of San Francisco Justice & Diversity Center San Francisco–Marin Lawyer Referral and Information Service Bay Area Legal Aid Legal Aid Association of California Pro Bono Net The State Bar of California With Support From: American Bar Association Young Lawyers Division Federal Emergency Management Agency

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 25

Duignan had similar interactions. “There’s a personal story with each call,” he says. “You’re really stepping into someone’s life and standing beside them.”

Follow-Up Plans After the first few weeks, the volume of calls dropped and the hotline schedule was adjusted accordingly. As survivors get back on their feet, they may need assistance replacing lost legal documents, such as wills and birth certificates;

Hotlines (415) 575–3120

Free legal advice for survivors of the Northern California fires (Monday–Friday, 8:30 a.m. – 5:30 p.m.)

(877) 301–4448

Free legal advice for survivors of the Southern California fires

(800) 551–5554

Bay Area Legal Aid Legal Advice hotline for Napa County residents only

(855) 693–7285

Health Care Consumer Center Line for residents of Napa and Sonoma Counties only

26 SPRING 2018

undocumented residents who have lost jobs and housing present even more complex legal issues. In a year or two, there will likely be a surge in calls as people seek assistance in appealing denied insurance claims. “A lot of matters take two years to resolve,” says Chalmers, and she gives the example of what she calls “cascading problems”: You lose your job, can’t pay rent, get evicted, the kids can’t go to school …. “The plan will keep having to be tweaked,” says Chalmers. “In all fairness, we didn’t have all our Ts crossed,” says Ngim. “There are so many lessons learned.”

With all that in mind, a debriefing meeting was planned for the end of January, which would have allowed the team to reassess the needs, reevaluate the programs they had launched, and reconfigure services for future events.

But the fire gods had other plans.

Helping Our Neighbors to the South Part of BARC’s vision was to have a program in place so that if a disaster hit Southern California, the Northern California partners could show up “like a SWAT team,” says Chalmers, and vice versa. The opportunity to activate that plan came sooner than expected. What is now known as the “largest wildfire in modern California history” ignited in Southern California in December 2017, burning hundreds of thousands of acres and forcing over two hundred thousand people to evacuate. Driven by Santa Ana winds that blew gusts estimated from forty to sixty miles per hour, some fires were still burning in early January.

Chalmers, Ngim, and Elizabeth Hom from the State Bar facilitated weekly calls with stakeholders and legal aid organizations in Southern California. “All the resources, expertise, and lessons learned from Northern California are being shared with them on an ongoing basis,” says Ngim.

That includes an area-specific hotline, hosted by Ventura County Legal Aid.

“When we opened the hotline, we had not expected the level of trauma. We learned something from intake, that people need to tell their stories.”

—Tiela Chalmers Alameda County Bar Association

So while BARC’s pilot program can be considered a success, the partners are well aware that the future holds unanticipated challenges. “Every disaster has its particular components and lessons, and this is the first disaster we’ve learned from directly,” says Conn. For the foreseeable future, she says, “We’re watching the landscape. We must prepare ourselves for when, not if, the next disaster—natural or man-made—occurs.”

For more information about BARC’s services and opportunities to get involved, visit http://www.lawhelpca. org/disaster-relief-information.

Kathleen Guthrie Woods feels privileged to be shining the spotlight on BASF members and staff who are providing such extraordinary service to our neighbors, north and south.

BUSINESS ADVISING • TRUST & ESTATE LITIGATION • ESTATE PLANNING

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THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 27

RANSOMWARE A Growing Threat

Anjali Kulkarni and Joseph M. Burton

R

ansomware, a method of electronically attacking corporations and individuals by holding their data hostage, has gained massive popularity amongst hackers in the last several years. Ransomware is the first form of malware to present the threats of both the destruction of important data and the economic harm the loss of that data can create. Ransomware attacks will continue to increase in scope and severity in years to come, necessitating continuous vigilance.

28 SPRING 2018

In essence, ransomware acts by taking data that is of value to an entity but not deleting it. The ransomware acts as a figurative glass wall, allowing the owner of the data to physically possess that data but not access it. This is accomplished by implanting a virus on the owner’s hard drive, usually by means of an infected link in an email or other innocuous-looking document. Once the link is clicked, the ransomware works by encrypting the entire storage system. The hackers then threaten to destroy the data unless a ransom is paid.

2017 saw some of the worst ransomware attacks to date, escalating exponentially in size and gravity over previous years. According to a study by the Kaspersky Lab, over 479 million attacks occurred from online sources during the first quarter of 2017, up by over 250 percent from years past.

These attacks ranged across countries and industries, and plagued corporations of all sizes.

2017 Ransomware Attacks In May 2017, an international ransomware outbreak occurred in the form of WannaCry, a self-replicating computer virus that took advantage of a vulnerability in the Microsoft Windows program, infiltrating systems large and small. WannaCry infected over 300,000 computer systems in 150 countries, from China to Britain to the United States, including those of Britain’s National Health Service.

The virus asked for payment of 300 dollars in bitcoin digital currency for each compromised system, and threatened to erase the data in question within seven days. The attackers were paid approximately 130,000 dollars from various sources in bitcoin as a result.

Ironically, Microsoft had released a patch to rectify the vulnerability exploited by WannaCry in March of 2017,

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 29

several months prior to the attack. The patch was part of ‘automatic updates’ for systems using Windows 10, but did not work on systems running older versions of the Windows system. Microsoft eventually released patches for the older systems, but not until WannaCry had caused serious damage on an international scale. WannaCry remained active for the majority of 2017, and has only recently started to decline in frequency.

In early June of 2017, another self-replicating computer virus known as NotPetya swept the international community, spreading itself from computer to computer in major networks by using a modified version of the WannaCry virus.

NotPetya operated by seeking to gain administrative access on vulnerable systems and subsequently use that access to move to and encrypt data on other systems on the network.

30 SPRING 2018

It appears that NotPetya exploited a vulnerability in the accounting software used by 80 percent of businesses in the Ukraine, creating a backdoor that allowed it to infiltrate systems when users conducted routine software updates. As it spread, NotPetya caused serious harm globally, economically damaging several international corporations. A unique aspect of NotPetya was the fact that despite requesting 300 U.S. dollars in bitcoin to release the information, NotPetya was programmed to permanently destroy the information it captured and never allow data owners to reclaim access, even after payment.

One major corporation severely affected by NotPetya was the Danish transport and energy firm Maersk, the world’s largest container shipping business. NotPetya caused the shutdown of Maersk’s information technology systems across multiple sites for five days, leaving employees to communicate

RANSOMWARE:2017 IN NUMBERS

3 massive outbreaks: WannaCry in May; Expetr in June; BadRabbit in October 700,000 victims of Wannacry worldwide 1 in 6 businesses who paid ransom never recovered data 65% of businesses hit in 2017 lost access to a significant amount of data 34% of those affected took a week or more to restore full access Source: Kapersky Lab

via WhatsApp on their private phones. Maersk, which is responsible for approximately 15 percent of the world’s shipping network, was forced to stop operations at over 70 shipping terminals internationally. This attack cost Maersk between an estimated 200 and 300 million dollars due to the negative impact on their business volume, creating a significant deficit in its profit margin for the third quarter of 2017.

Ransomware and Law Firms Ransomware attacks have the potential to be especially detrimental to law firms, which rely heavily on electronically stored information in their daily business practices. This was exemplified by the havoc wreaked by NotPetya on the global offices of DLA Piper, an international firm with more than 3,600 attorneys, in June 2017. The attack originated

in the firm’s Madrid, Spain office and rapidly spread across its international network, including phone systems and the firm’s web portal. The firm directed all employees to shut down computers as a precaution, and advised them to refrain from connecting to the firm’s network at all costs. For several days, all DLA Piper’s operations were at a standstill, with attorneys and staff having to conduct business via cell phone and texting. A week later, the firm was still recovering from the attack, bringing back informational services online in a graduated fashion to avoid corruption of data. Insurance brokers estimated that the fallout from the attack would cost the firm millions.

Ransomware attacks on law firms in the past several years have not discriminated based upon size. In May of 2016, a ransomware virus infected the ten-attorney Rhode Island firm of Moses Alfonso Ryan after one of its attorneys opened

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 31

a malware-encrypted email attachment. Moses Alfonso Ryan then lost all access to the documents and information stored on its network. Over the next several months, Moses Alfonso Ryan engaged in unsuccessful efforts to remedy the virus, eventually contacting and paying the ransom demand of the hackers via bitcoin in June of 2016. The firm then obtained an initial decryption key from the hackers, only to find out the key didn’t work. Moses Alfonso Ryan made subsequent contact with the hackers, having to renegotiate a ransom price and paying a second ransom demand. The firm obtained a second decryption key, which served to finally allow Moses Alfonso Ryan to access its servers and network after almost three months of complete inability to gain entry. In June of 2017, the firm filed a lawsuit against its insurance company for the 700,000 dollars in lost billings caused by the attack.

RaaS on the Rise

Unfortunately, the forecast for 2018 does not indicate any relief from costly ransomware attacks, which look to be the most profitable hacker business model yet conceived.

Ransomware is now offered as an online service for hackers on the dark web. Ransomware as a Service (“RaaS”) is allowing the distribution of ransomware with increased frequency.

This business model is expected to grow in popularity in the coming year. One of the most popular RaaS programs is Cerber, which works by encrypting the files of infected uses whether or not the infected computer system is connected to the internet. Cerber infestations accounted for over forty percent of ransomware attacks in 2017. Another distributor, Satan, showcases the RaaS distributor business model very simply—it mimics that of any other online service, allowing users to join for free and pay based upon profits. Satan’s homepage tells hackers that they must sign up for an account, and that any bitcoin paid to them by ransomware victims

32 SPRING 2018

will be credited to that account. Satan keeps 30 percent of the victim’s payment as a form of payment, letting the purchaser retain the other 70 percent. RaaS distribution makes basic ransomware more widely available to nonsophisticated hackers on the dark net, increasing its spread and potential profitability.

With the threat of ransomware growing in frequency and severity, both corporate entities and individuals must be strategic in the handling of their data. This is especially true of that data which, if compromised, would impede or stop the conduct of business on a daily basis. There is a bright side, however, in that there are several simple things which can be done to protect against ransomware. The first, as illustrated

by WannaCry, is to keep your software up to date. The second, which appears obvious, is to install antivirus software on all business computer systems. The third is to backup all data on separate backup drives which are not immediately connected to the primary system, thereby removing any access issues if the primary system is affected. Ransomware is rapidly evolving, but being consistently aware of threats and remaining prepared are the best protections corporate entities and individuals alike can take to avoid their data being compromised.

Anjali Kulkarni is a CIPP certified trial associate at Duane Morris in San Francisco with experience in handling cyber privacy and security related cases.

Joseph M. Burton is a partner at Duane Morris specializing in cybersecurity and digital evidence matters.

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REPUTATION MANAGEMENT FOR LAWYERS Ken Matejka

I

f there’s nothing negative about your law firm online yet, brace yourself for the eventuality. Regardless of how accomplished you are as a lawyer and how hard you work on a particular case, sooner or later, the outcome of one of your clients’ cases may fall short of their expectations and they will be disappointed enough to say so publicly. Alternatively, a disgruntled former employee or malicious competitor may anonymously post negative content about your firm.

First impressions matter most, so when a Google user is searching for you by name, think of the first page of Google’s search results as your public persona.

As such, the information that shows up in Google needs to be managed as much as possible, so that when people perform a search on your name, they’re viewing positive information.

34 SPRING 2018

There are a number of companies offering “reputation management” services. The services can be expensive and their salespeople can be persuasive when describing how important their services are for you. Sometimes the services are needed and perhaps worth the investment. In other cases, the services are unnecessary or overpriced because you may not need the full scope of services, and what you need could be managed in-house.

For example, I once came upon a law firm that had retained a reputation management company to deal with just a few bad reviews that could have been taken care of by the law firm itself with a little training, thus needlessly wasting some of the law firm’s marketing budget.

What is “Reputation Management”?

Reputation management is the process of proactively dealing with negative online content about you and your law firm that people may find when searching for you by name.

Anything online that casts you or your law firm in a negative light, affects your “reputation” and must be “managed.”

Negative content one might find about you can come in different forms: • A bad review on a site like Yelp • A critical post to social media • A review on RipOffReport.com, or some similar website that encourages negative consumer content • A “hate site” • Public discipline from a licensing authority • Unflattering press coverage

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 35

What Does a Reputation Management Company Do?

The services provided by a competent reputation management company depend on the type of negative content that exists about you or your firm.

Social media Your reputation management company should constantly monitor social media for posts about your law firm to ensure that all posts, positive and negative, receive an appropriate, empathetic response from your business.

Review sites The reputation management company may challenge fake or defamatory reviews on review sites like Yelp and Google+ with the review site editors, while creating new, five-star reviews to dilute the impact of the negative reviews.

Hate sites A “hate site” is a website created by someone who dislikes you enough to go through the trouble of creating a website containing lots of negative content about you or your law firm. Often, websites about identifiable people rank well in Google for searches on their names.

When the creator of the website can be identified, a good reputation management company would help you take appropriate actions to get the author to take it down. If the author is unknown, then your reputation manager may retain an investigator to find them.

Sometimes it’s impossible to identify the publisher of a hate site. In this instance, your reputation management company would make an effort to crowd it off of Google’s first page of search results by creating higher-ranking, more positive content about you.

36 SPRING 2018

Reputation management is the process of proactively dealing with negative online content about you and your law firm that people may find when searching for you online.

Inflammatory consumer review sites Although there are a few sites in this category, we’ll focus on Ripoff Report because it is the most famous of them and it tends to rank well in Google’s search results.

Ripoff Report is a problem from a reputation management perspective because it has no review filtering or review process for content that’s posted on the website. This failing allows any unhappy ex-employee, competitor, or disgruntled person to write anything they want about you.

Additionally, for the most part, there is no way to get Ripoff Report to remove a post. It is consistent on this point, citing the value of free speech. Ripoff Report offers an expensive “VIP Arbitration” service but if you pay for it, there’s no guarantee you would prevail.

Appealing to the author directly is always an option, but it can back-fire if the person then chooses to update their Ripoff Report post with more content. This may make the review even worse and may cause the post to rank even higher in Google’s search results.

With a court order, you can get Google to remove the Ripoff Report link from its index entirely, but it’s been found that sometimes Ripoff Report will change the link address, causing the post to return to Google’s search results.

As with hate sites, sometimes the only remedy is for your reputation management company to bury it in Google’s search results so that it no longer appears on page one.

search for you (for example, in my case, I’d search for “Ken Matejka”, “Kenneth Matejka”, “Kenneth F. Matejka”, “Ken Matejka Attorney”, and maybe a few other variations).

Negative media and other public information

Focusing primarily on Google’s first page of search results, see what’s out there about you that you’d prefer potential clients not to see. If it’s just a bad review or two, you do not need a reputation management company.

If you have a criminal conviction, discipline history from your licensing authority, or negative press, there’s no hope of appealing to the publisher to have it removed. In this case, your reputation management company would work to push that content off of Google’s first page of search results with more positive content under your control.

While creating the content, your reputation management company will optimize the content for searches on your name, and variations thereof, to try to get it to out-rank other, negative content.

Do you need a reputation management company?

Reputation management services can be expensive. When reputation managers need to bury public information in Google’s search results that cannot be otherwise removed, they have to create lots of content about you, build websites, optimize those websites, publish press releases, and all of the other things that would go into saturating Google’s firstpage search results with links to positive information.

Whether you need a reputation management company depends on the nature, extent and visibility of the negative information about you on Google. If we’re simply talking about a few bad reviews on Yelp, Google+ or some other review site, then no, you probably don’t need to hire an expensive reputation company. If there is public information of a nature more substantial than just a review, then you might.

The first step is to see what’s out there

When deciding whether you need reputation management services, google yourself in every possible way someone may

In the case of a hate site, a threatening cease-and-desist email may make that content disappear. If the creator refuses, or if you can’t figure out who the creator of the site is, then maybe you’ll need additional help.

If there’s an easily-found public discipline report, criminal record or negative press, then you probably will need outside help to dilute it with new material about you.

Due diligence and monitoring results

If you come to the conclusion that a reputation management company would be of benefit, then, as part of your due diligence, ask potential providers for success stories and perform the searches yourself to make sure that they can deliver based on past performance of others in your situation. Ask about their processes and expected timeline.

Once you hire a reputation management company, you may be paying a lot for their services so insist upon detailed breakdowns of their monthly activity and monitor their progress by performing searches on yourself often.

Ken Matejka, J.D., LL.M, has been a California-licensed attorney for 29 years and is the best-selling author of “The Lawyer’s Ultimate Guide to Online Leads.” He has been in legal marketing for most of his career, currently providing marketing services to 40 bar associations and scores of law firms nationwide.

To receive a complimentary copy of his book, please write to ken@ matejkamarketing.com.

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 37

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Want to make a difference in the life of a child? Are you looking for work that really touches people’s lives, in which a family’s core relationships are at stake?

The Justice & Diversity Center (JDC) provides much-needed pro bono representation to low-income people and families. By volunteering for the Family Law Project, you can stabilize children’s lives, and ensure sustenance for individuals and children, while gaining valuable motion drafting and oral argument skills. Family Law volunteer attorneys assist low-income families with guardianship petitions, marital dissolutions (divorces), child custody, and support issues.  JDC always screens cases for eligibility and appropriateness for volunteer attorneys, and  Provides attorney training, supervision, and mentorship, and  Provides malpractice insurance

HOW TO GET INVOLVED JDC offers a free family law training every month. You can see the schedule at www.sfbar.org/probono-trainings and register online, or email our volunteer coordinator at probono@sfbar.org After taking the training, attorneys receive weekly emails with available cases and can volunteer when they have time and a case interests them.

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THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 39

A Bitcoin Primer for Attorneys

L Peter Roldan

ast year was a big year for bitcoin. After first gaining notoriety as the currency of choice for purveyors of black market goods on the dark web, bitcoin has since shed that reputation and is gaining widespread acceptance both as a means of conducting financial transactions and as an investment vehicle. Bitcoin became a phenomenon last year when its value soared from approximately $1,000 at the beginning of 2017 to a high of over $19,000 in December, and, at the time that this article was submitted for publication, bitcoin was trading at around $14,000. It’s anyone’s guess what the price will be by the time you read this.

With all of the recent attention, it’s no surprise that more attorneys are becoming interested in using bitcoin for their practices. This article is intended to help attorneys who are new to bitcoin and cryptocurrency better understand the novel issues and risks associated with its use.

40 SPRING 2018

What Is Bitcoin?

Bitcoin (BTC) is a digital asset and an innovative payment system released as open-source software in 2009. Unlike traditional banking, the system operates peer-to-peer, and transactions take place between users without an intermediary. These transactions are verified by network nodes and recorded in a publicly distributed ledger called the blockchain, which uses bitcoin as its unit of account.

Although there are many other cryptocurrencies now in circulation, bitcoin was the first decentralized digital currency and is currently the largest in terms of market capitalization.

For the purposes of this article, we will use bitcoin as a proxy for other decentralized digital currencies that utilize cryptography and blockchain technology, prominent examples of which include Ethereum and Litecoin.

Bitcoin has all of the characteristics of money— durability, portability, fungibility, scarcity, divisibility, and recognizability. But unlike fiat currencies like the U.S. dollar (USD), which derive their value by virtue of government decree, or commodities such as gold and silver, which have intrinsic value, the value of bitcoin is derived solely from people willing to accept bitcoin as payment.

Why Use Bitcoin?

There are a number of reasons that a law firm would want to use bitcoin. One is client demand. As acceptance of bitcoin becomes more widespread, clients may prefer bitcoin for the advantages that it confers over traditional methods of payment.

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 41

The nature of the blockchain makes bitcoin transactions completely transparent and less susceptible to fraud.

Transaction costs for bitcoin can be lower than the costs of credit card payments and wire transfers. Clients, especially those based outside of the U.S., may also find paying in bitcoin more convenient than going through a bank.

Risks Associated With Bitcoin Despite the reduced chance of fraudulent transactions on the blockchain, there are still some significant risks associated with the use of bitcoin. Theft via hacking is probably the biggest threat facing firms that use bitcoin and maintaining adequate security for the private keys that track bitcoin ownership is crucial. Firms that transact in bitcoin via online wallet services, such as the popular Coinbase platform, need to take adequate precautions to protect their accounts as well as any associated email or phone accounts, as these can be used by hackers to gain unauthorized access to these wallets.

Firms that intend to hold large amounts of bitcoin either for their own account or in trust for a client should consider “cold storage,” which typically involves the use of an offline hardware wallet or flash drive to store private keys, making them less susceptible to hacking attempts.

One disadvantage of cold storage, however, is that if the physical wallet containing the keys is lost or destroyed, there is no way to recover the bitcoin associated with the lost private keys.

Another risk is volatility. Intraday gains or losses of 20 percent are not unheard of in the current bitcoin market.

Moreover, the meteoric rise of bitcoin in 2017 has led some prominent analysts to conclude that its value is unsustainable and due for a massive correction. Others have gone so far as to label bitcoin a fraud or Ponzi scheme, while more optimistic prognosticators believe that bitcoin’s value has yet to approach any type of ceiling.

Accepting Bitcoin as Payment for Legal Services There are no California authorities that restrict attorneys from accepting bitcoin as payment for legal services. But given the current volatility of bitcoin, most firms will likely view it as another avenue of payment to offer their clients in addition to checks, credit cards, and wire transfers, rather than actually pricing their services in bitcoin.

When agreeing to accept bitcoin as payment for invoices denominated in USD, firms should make sure that their fee agreements set forth exactly how the exchange rate will be calculated for such payments. One option would be to agree that the client will be credited with an amount in USD that is based on the USD/BTC exchange rate at the time that it is sent from the client’s wallet. This would put any volatility risk on the firm rather than the client.

Once a firm has received bitcoin, there are multiple exchanges on which firms can sell their bitcoin for USD that can then be transferred to the firm’s bank account. Firms may also choose to hold their bitcoin either as an investment or for use as payment to vendors that accept bitcoin.

Firms wishing to price their services in bitcoin need to be mindful of the prohibition on unconscionable fees which could come into play should the value of bitcoin continue its rapid ascent. Conversely, if the value of bitcoin were to crash, a firm might find itself underpaid for its services.

One option for mitigating this risk is to include a provision in the fee agreement that allows for periodic adjustment of rates based on the BTC/USD exchange rate. Firms should also be sure that their fee agreements include a disclaimer and an acknowledgement by the client of the volatility associated with bitcoin.

May Attorneys Hold Bitcoin In Trust?

While bitcoin resembles money in many ways, it cannot be deposited into a bank, and therefore cannot be held in

42 SPRING 2018

a traditional client trust account. Nevertheless, there is no prohibition on holding bitcoin in trust for a client so long as it is stored securely and the firm maintains a complete record of the bitcoin being held. Holding each client’s bitcoin in a secure wallet and keeping a written ledger of bitcoin going in and out of the wallet should satisfy this requirement.

A more interesting question is whether a firm can accept and hold bitcoin as an advance deposit for future legal fees and costs.

With respect to advance legal fees, attorneys are not required to deposit these into a client trust account.1 They should, however, make it clear to the client how their bitcoin deposits will be credited towards future fees. If the firm prices its services in USD, then one option, as discussed above, is to credit the client with a fixed amount of USD

based on the value of the bitcoin at the time it is transferred to the firm. For example, if the client makes a deposit of bitcoin valued at $25,000 at the time of payment and the firm’s hourly rate is $500/hour, the client will be entitled to receive 50 hours of future legal services regardless of whether the price of bitcoin rises or falls after the deposit.

Once the amount of the credit is established, the firm can then choose whether it wants to sell the bitcoin or hold it and assume the volatility risk.

The issue of advance deposits for costs and expenses is trickier, as attorneys are required to deposit “[a]ll funds received or held for the benefit of clients...including advances for costs and expenses” into a client trust bank account.2 However, while bitcoin may resemble money or funds, it is really more akin to property or a commodity because, unlike fiat currencies, bitcoin does not derive its

There are no California authorities that restrict attorneys from accepting bitcoin as payment for legal services. But given the current volatility of bitcoin, most firms will likely view it as another avenue of payment to offer their clients in addition to checks, credit cards, and wire transfers, rather than actually pricing their services in bitcoin.

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 43

value via the imprimatur of a sovereign government.3 The Internal Revenue Service also treats bitcoin as property for tax purposes.4 As such, the aforementioned requirement arguably does not apply to deposits made in bitcoin.

As a practical matter, however, even when the day comes that bitcoin becomes widely accepted by vendors, attorneys will still need to pay court fees in USD. Therefore, it makes sense for law firms to convert bitcoin deposits earmarked for costs and expenses into USD and hold them in traditional client trust accounts.

Attorneys looking to become involved with the proverbial brave new world of bitcoin need not be dissuaded by the fact that there is little formal guidance on its use from the governing bodies that regulate attorney conduct. The same was once true of credit cards, which were considered “unprofessional” not that long ago. Until the law catches

up with technology, attorneys using bitcoin need only to go in with eyes wide open, keep their clients informed, and stay mindful of the unique issues and risks involved.

Peter Roldan is a partner with Emergent LLP, a commercial litigation firm based in San Francisco, and he leads Emergent’s Blockchain and Digital Currency practice group.

Notes: 1 See Baranowski v. State Bar, 24 Cal.3d 153, 163-164 (1979).

2

California Rule of Professional Conduct 4-100.

See United States v. Petix, No. 15-CR-227A, 2016 WL 7017919 (W.D.N.Y. Dec. 1, 2016) (finding that bitcoin was not “funds” or “money” as the term is commonly understood because it does not issue from or enjoy the protection of any sovereign).

3

4

See IRS Notice 2014-21 (4/14/14).

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THE ETHICS OF THIRD-PARTY TECHNOLOGY SOLUTIONS Sarah J. Banola and Joanna L. Storey

46 SPRING 2018

I

t is difficult to choose among the many options for law practice management software available on the market. If your first question is which is the most efficient and reasonably priced, then you have failed to spot the threshold legal issue. Purchasing shiny new software or cloud services without considering your ethical duties may land you in hot water with the State Bar of California, or worse—with your own clients. Here are 10 critical tips for ethically evaluating whether and how to use third-party technology solutions.

1. START AT THE BEGINNING

2. READ ABA FORMAL OPINION 477

California Rules of Professional Conduct (“CRPC”), Rule 3-110, governs an attorney’s duty to perform legal services with competence and states, in part: “If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently...by acquiring sufficient learning and skill before performance is required.”

This opinion addressing “Securing Communication of Protected Client Information,” presented by the Standing Committee on Ethics and Professional Responsibility of the American Bar Association is a must read for any attorney who transmits client information over the internet. Find it at www.americanbar.org/content/dam/aba/administrative/ professional_responsibility/aba_formal_opinion_477.pdf

You may think this rule applies only to the practice area your matter involves (e.g., a personal injury attorney, taking on a trade secret case without training and skill is ill advised).

But the rule applies to more than just your knowledge of the law.1 As technologies change, security standards may change and an attorney must keep abreast of the current standards to evaluate whether the technology adequately protects the client’s confidential information.2

3. REMEMBER THE HALLMARK DUTY TO PRESERVE SECRETS The duty of confidentiality reflects public policy of paramount importance and is not simply a rule of professional conduct.3 An attorney has a duty to “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.”4 Client

See ABA Model Rule 1.1. Cmt. [8] (the duty of competence includes “keeping abreast of...the benefits and risks associated with relevant technology”) Cal. State Bar Formal Opn. 2012-184; see also Cal. State Bar Formal Opn. 2015-193 3 In re Jordan, 7 Cal.3d 930, 940-941 (1972) 1 2

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 47

“secrets” means information relating to the representation of a client that is privileged, or that the client has asked be kept in confidence, or the disclosure of which would be embarrassing or detrimental to the client.5 The duty of confidentiality includes, but is not limited to, information that is protected by the attorney-client privilege6 and the attorney work product doctrine.7 The duty also prohibits disclosure of a much broader body of information, which can include matters of public record that have been communicated to the attorney in confidence.8 Lawyers must take reasonable measures to safeguard confidential client information when using third-party technology services. This includes investigating and monitoring third-party providers, limiting access to confidential information and obtaining written assurances from the provider concerning data security and the handling of security breaches.9 If a lawyer is not able to evaluate the security of the technology, the lawyer must seek additional information, or consult with someone who possesses the requisite knowledge to ensure compliance with the duties of competence and confidentiality.10

4. USE CHECKLISTS California State Bar Ethics Opinion 2010-179 provides a starting point for evaluating a particular technology.

Consider: • Security • The legal ramifications of interception • The degree of sensitivity of the information • What may happen if there is inadvertent disclosure • The urgency of the situation • The client’s instructions and circumstances

For the degree of sensitivity of the information factor, when storing and sharing protected health information, be sure to comply with the privacy, security and omnibus rules outlined in the Health Insurance Portability and Accountability Act and the California Confidentiality of Medical Information Act, if applicable.

California Ethics Opinion 2012-184 provides a framework for considering whether to implement a virtual law office, including evaluating vendor credentials, data security, cloud access across jurisdictional boundaries, the attorney’s ability to supervise the vendor, and the client’s consent to a paperless office. ABA Formal Opinion 477 (at pages 6-10) also describes reasonable steps lawyers should implement to secure confidential client information.11 In addition, the New York City Bar provided a checklist for small law firms when using cloud based services, including determining whether the servers are located in jurisdictions with adequate legal protections for data, protecting “against ‘end-user’ vulnerabilities, such as the failure to use strong passwords or the use of unsecure Internet connections,” and promptly notifying clients of a security breach.12

5. REVIEW AND NEGOTIATE YOUR TERMS OF SERVICE Carefully review and negotiate your agreement for cloud services. As an initial step, the cloud provider should be adequately vetted.

Consider: • Credentials/expertise in the industry • Security measures utilized/who will have access to the information?

• How the vendor will transmit client information?

Business & Professions Code §6068(e)(1) Cal. State Bar Formal Opns. 1993-133, 1988-96 6 Cal. Evid. Code §954 7 Cal. Civ. P. §2018.010 et seq. See CRPC 3-100, Discussion ¶2 8 See, e.g., In the Matter of Johnson, 4 Cal. State Bar Ct. Rptr. 179, 189 (Rev. Dept. 2000) 9 See Cal. State Bar Formal Opn. 2012-184.

10 Id. 11 See also ABA Model Rule 1.6(c), Cmt. [18] 12 The Cloud and the Small Law Firm: Business, Ethics and Privilege Considerations, available at www.nysba.org/workarea/DownloadAsset.aspx?id=66955 4 5

48 SPRING 2018

• Does the vendor have backup data provisions?

• What measures are in place to prevent lapses in service (e.g. an earthquake), or a prompt return of data if the provider goes out of business or you close your account?

• Should your cloud provider receive a litigation hold notice? Can you require compliance?13 In addition, you should ensure that the agreement has sufficient terms relating to data security, such as an agreement by the vendor to: • Maintain confidential information in strict confidence • Use confidential information only for your company’s benefit • Comply with all applicable laws, industry standards, and the firm or company privacy policy • Implement and maintain reasonable security procedures to protect confidential information from unauthorized access Also consider the extent to which you will be able to supervise the vendor. Auditing by third parties may be limited by cloud providers, but most will conduct their own audits and provide a report. Finally, watch out for indemnity provisions—often the lawyer will have to indemnify the vendor in the event of a security breach.

6. MONITOR SERVICE PROVIDERS AND CONSIDER INSURANCE TO MITIGATE RISKS Don’t rely exclusively on your carefully-negotiated agreement. The duty of competence includes “the duty to supervise the work of subordinate attorney and nonattorney employees or agents.”14 Although attorneys may

consult with technology experts to assist them in complying with their duty of competence when using technology, attorneys must adequately supervise their consultants. A qualified paralegal or technology consultant supervised by the attorney should monitor the data being hosted and the security measures to protect it. Audit reports should be requested on a regular basis. As security measures evolve, follow up with the vendor to ensure the vendor complies with current standards. You should also find out whether your professional liability policy covers data breaches and assess whether separate coverage is appropriate.

7. BE MINDFUL OF YOUR DUTY OF COMMUNICATION The duty of communication requires an attorney to keep the client “reasonably informed about significant developments” and “to promptly respond to reasonable requests for information.”15 Some state bar ethics committees have considered whether cloud computing itself is a significant development that must be communicated to your client.

Most opine “no” in light of the ubiquitous use of cloud services by businesses and law firms. Nonetheless, it is important to follow any client instructions relating to the security of the client’s information. Technologically sophisticated clients and those in heavily regulated industries, such as banks and hospitals, often establish attorney guidelines or audit measures to protect their data. Beware of security requirements that may be buried in lengthy litigation management guidelines. Even if your client doesn’t provide any instructions, you should communicate with your client at the outset of the representation about the use of cloud services and how to appropriately use technology in client communications, particularly when dealing with highly sensitive confidential client information.16

See also ABA Formal Opinion 477 at p. 10; Model Rule 5.3, Cmt. [3] Discussion to CRPC 3-110 15 CRPC 3-500 16 See ABA Formal Opn. 477 at p. 11 13 14

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 49

Depending on the sensitivity of the data and the scope of the representation, some ethics opinions state that client consent may be required.17

8. EXERCISE CAUTION WITH WEBSITE BUILDING TOOLS In addition to the cloud-based services highlighted in the other tips, attorneys should ensure that firm websites comply with current legal requirements. For instance, law firms should consider whether their websites are accessible to individuals with disabilities.

While the Trump administration recently placed anticipated website accessibility guidelines under the Americans with Disabilities Act on the “inactive list” for rulemaking, and courts have issued conflicting opinions on requirements, law firms should still evaluate the costs and benefits of having accessible websites. Law firm websites should also include a privacy notice that describes how the firm collects, uses, and discloses information obtained from visits to the website.18

9. MAINTAIN CONTROL OVER TRANSFERRING CLIENT DATA California Ethics Opinion 2007-174 addresses an attorney’s obligation to promptly return the client’s file upon request.19 The file includes electronic communications and other electronically stored data.

Consider whether your law practice management software is capable of transferring client data to a usable form for clients who may not have your proprietary software and also whether metadata from templates that have been copied from other client matters can be scrubbed.

10. BE REASONABLE AND DON’T USE A “ONE SIZE FITS ALL” APPROACH In addition to technology targeted to law firms, many attorneys question whether it is permissible to use commonly available file hosting services, such as Google Drive or Dropbox. However, the rules and ethical guidelines do not contain any requirements governing the use of a particular technology or security measure. Rather, complying with your ethical obligations requires a fact-specific analysis, including consideration of the factors discussed above, other relevant guidelines, rules, statutes and regulations, and the client’s instructions. The standard is one of reasonableness.20 Sarah Banola is a partner at Cooper, White & Cooper where she concentrates her practice in the areas of professional responsibility, employment law and regulatory law. She is the immediate past chair of the Bar Association of San Francisco's Legal Ethics Committee. She is also a contributing editor to the professional responsibility chapter of the California Practice Guide on Employment Litigation and the legal malpractice chapter of the California Practice Guide on Claims and Defenses, published by the Rutter Group.

Joanna Storey is senior counsel at Hassard Bonnington where her litigation practice includes professional liability, catastrophic personal injury and complex commercial matters.

She actively follows privacy, security and ethics developments and is the secretary of the Bar Association of San Francisco's Legal Ethics Committee.

See, e.g., Pennsylvania Bar Ass’n Ethics Opn. 2011-200; New Hampshire State Bar Ass’n Ethics Opn. 2012-13/4 See Cal. Bus. & Prof. Code §§ 22575-22579 19 See CRPC 3-700(D) 20 See Cal. State Bar Formal Opn. 2010-179; ABA Formal Opn. 477 17 18

50 SPRING 2018

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THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 51

FROM THE ARCHIVES

THE FIRST FEMALE SUPERIOR COURT JUDGE

San Francisco’s Judge Theresa Meikle Mark Hull

T

heresa Meikle (1893-1967) was a woman and an attorney at a time when, being one, almost certainly precluded the other. She earned her place as an assistant district attorney, then as a municipal judge, and finally as the first woman elected as superior court judge—not just in San Francisco, but anywhere.

Judge Meikle in 1955

52 SPRING 2018

FROM THE ARCHIVES

Early newspaper accounts made sure to emphasize her looks, femininity, and plucky spirit but then something remarkable happened: the initial patronizing and superficial coverage shifted to her intellect, ability and fairness. She served tirelessly for almost a half century and raised the bar (and the Bar) through hard work, achievement, and a steadfast refusal to accept the place society deemed appropriate for her. So why is she nearly forgotten now?

When she was born in Globe, Arizona in 1893, women were 23 years away from being admitted to the American Bar Association. Meikle graduated in 1915 and afterward entered UC Hastings College of the Law, finishing in 1919, one year before Congress decided that women could vote.

She was an officer in the Law Association, Kappa Beta Pi (Women’s Legal Fraternity), and the Women’s Parliamentary Society. When she passed the bar exam and joined the Queen’s Bench in 1921, Meikle was one of only 131 women licensed to practice law since California entered the union.

She moved quickly. In 1923, District Attorney Matthew Brady appointed her as an assistant district attorney for the City and County of San Francisco, assigning her to a radical judicial experiment: The Women’s Court. Located in the Hall of Justice on Kearny Street (for those of you old enough to remember), the Women’s Court grew from an idea in 1916 to adjudicate issues with women and children separately—following similar lines to the fledgling Cook

Theresa Meikle, then Assistant District Attorney, in 1923

County, Illinois juvenile courts that debuted in 1899. As one historian phrases it, “women were also seen as vulnerable, and their circumstances required differentiated responses from the justice system. Prostitution and domestic abuse were the two types of cases most often addressed.”

The idea of the court was cutting-edge and, as one might expect, roundly condemned by many men in the court and police system. Meikle was first into shark-infested waters and quickly established a reputation for honesty and concern for underprivileged women and children.

Then came Jazzmania. In January 1925, 16-year-old Dorothy Ellingson murdered her mother, a Norwegian immigrant who disapproved of her daughter’s drinking (it was Prohibition) and visits to clubs in Chinatown in the

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 53

FROM THE ARCHIVES

Dorothy Ellingson

company of older men. After an argument, Dorothy shot her mother twice in the back of the head and was arrested two days later. It was the first case of matricide heard in San Francisco courts.

The circumstances drew national attention from the tabloid press, fresh off the Roscoe “Fatty” Arbuckle trials in 1921– 22. In the course of many jailhouse interviews, Ellingson —and the reporters—advanced the lurid narrative that she “killed her mother in a fit of Jazzmania” and the media dubbed Ellingson the “Jazz Slayer.” In the circus-like public proceedings that followed, she swooned twelve times.

Prosecutor Meikle did not, and people noticed.

1931 endorsement card

54 SPRING 2018

Under the headline, “Woman Lawyer to Prosecute Case of Girl Slayer,” Meikle was described as “the attractive young woman selected by District Attorney Matthew Brady to represent the prosecution.” The article praised Meikle as, “a very feminine young woman of considerable charm,” but also—and this is the interesting bit—that “she is considered one of the most brilliant of the younger lawyers in San Francisco.” Ellingson was convicted, and Meikle continued an increasingly upward trajectory, gradually shedding the burden of being referred to as “the woman lawyer” or the “female attorney.”

Meikle worked as an assistant district attorney until 1928 when she left to become the attorney for the State Board of Pharmacy, and then lead prosecutor for the State Narcotics Division. When a vacancy opened in the San Francisco municipal court (until 1998, California had both municipal and superior trial courts, each with its own jurisdiction) in 1930, progressives urged Governor C. C. Young to name a woman—a California first. Theresa Meikle was an obvious contender but the post went to Mary Wetmore. However, when Wetmore died after only a month in office, Meikle got the job.

FROM THE ARCHIVES

Judge Meikle in her home

Judge Meikle (center), recovering from a broken leg, holds court in the St. Luke's Hospital roof garden. At left is Martha Blackfield, court reporter, with attorney John J. Goldberg in the back.

Women judges in California were rare. The first, Clara Jess, was a Justice of the Peace at the Recorder’s Court in Daly City in 1913—and resigned shortly afterward when it became clear the public did not favor a female jailing the sheriff for refusing to serve a valid warrant on one of his friends. The first black woman would not be appointed on the municipal bench until Vaino Spencer earned that distinction in 1961.

In the years between these two events, Theresa Meikle was one of few women in the judicial stratosphere.

She was in demand as a speaker, maintaining a full schedule in addition to usually working overtime on the bench. Meikle made the news in 1933, by publically signing a B’nai B’rith petition asking President Roosevelt to intercede on behalf of 600,000 Jews being persecuted in Nazi Germany—this only eight months after the National Socialist government took power and before the world at large started to understand where the future was headed.

In 1942, she became the first woman elected to the San Francisco Superior Court, defeating incumbent Everett McKeage. No, that’s not quite right; she became the first woman anywhere to serve on a superior court, a post she held for the next eighteen years.

Meikle artfully balanced external expectations while continuing to advocate on the importance of women to the profession. Only once, in all her recorded remarks, did she reveal a hint of snarkiness. Asked in 1958 about the current state of affairs, she observed, “Opportunities for women are still limited, although there was one in Los Angeles who was doing well before she got married.”

She withdrew her reelection bid for the superior court in 1960 when another candidate, municipal judge Lenore Underwood, ran in an attempt to unseat her predecessor and mentor. Meikle said that “it would be most unpopular

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 55

FROM THE ARCHIVES

From an article published in the Bar Association of San Francisco's Briefcase in 1961

with the women of San Francisco if any two women were involved in a contest‌there is no question that I would win. I just think it would be undignified.� Underwood lost.

Judge Theresa Meikle died on August 7, 1967 following a short illness. She never wrote a memoir or left a collection of papers. The inscription on her gravestone at Holy Cross Catholic cemetery in Colma contains only her name and dates and does not mention her contribution to San Francisco or to the pioneering impact she made in a field where many believed that women did not belong.

As of this morning, it remains the only monument to her.

56 SPRING 2018

Mark Hull is an associate professor at the US Army Command and General Staff College (CGSC) at Fort Leavenworth, Kansas. He earned his doctorate from University College Cork in Ireland, and juris doctor from the Cumberland School of Law. Prior to teaching at CGSC, Hull worked as a criminal prosecutor. His books include Irish Secrets: German Espionage in Wartime Ireland (2003) and Masquerade: Treason, the Holocaust, and an Irish Imposter. In addition, he has written numerous articles and reviews on topics ranging from prosecuting war crimes to military history. He is an elected Fellow of the Royal Historical Society.

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FACEBOOK NEWS FEED CHANGES: GOOD FOR LAWYERS, BAD FOR LAW FIRMS Kevin O'Keefe This article originally appeared on Kevin O'Keefe's blog, Real Lawyers Have Blogs, on January 23, 2018

f

acebook’s News Feed changes, as announced in a Facebook post by its CEO, Mark Zuckerberg are good for lawyers and bad for law firms.

Legal bloggers should take note, as blog posts lead to engagement, relationships and a stronger reputation when they “move” socially across Facebook.

Per Zuckerberg:

"[R]ecently we’ve gotten feedback from our community that public content — posts from businesses, brands and media — is crowding out the personal moments that lead us to connect more with each other."

58 SPRING 2018

The change, already being implemented: "I’m changing the goal I give our product teams from focusing on helping you find relevant content to helping you have more meaningful social interactions.

We started making changes in this direction last year, but it will take months for this new focus to make its way through all our products. The first changes you’ll see will be in News Feed, where you can expect to see more from your friends, family and groups."

“We need to help students and parents cherish and preserve the ethnic and cultural diversity that nourishes and strengthens this community - and this nation.”

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What can you expect in your News Feed? Again, from Zuckerberg: "[L]ess public content like posts from businesses, brands, and media. And the public content you see more will be held to the same standard — it should encourage meaningful interactions between people."

The Facebook pages run by law firms, most of which are not getting seen anyway, will be seen even less. Articles and announcements from such law firm Facebook pages are unlikely to even get seen in the News Feeds of people who have “liked” the law firm’s Facebook page.

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THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 59

The change is good for lawyers who are Facebook friends and engage with industry leaders, business colleagues, clients, referral sources, bloggers and reporters, in addition to family and personal friends.

Business development for lawyers, offline or on the Internet, is all about networking to build relationships and to build a name. Facebook, at its best, is all about such social interaction, making it perfect business development.

Why? Because Zuckerberg expects the time you spend on Facebook to be more valuable and more meaningful when there is more engagement with your personal Facebook connections.

Perfect though for individual lawyers doing the networking, not so much for law firms trying to promote the firm and its lawyers.

At its best, Facebook has always been about personal connections. By focusing on bringing people closer together — whether it’s with family and friends, or around important moments in the world — we can help make sure that Facebook is time well spent.

This evening, I skimmed through the first twenty items in my Facebook News Feed. All, but one, were from business colleagues – mostly lawyers, one personal friend and one New York Times reporter with whom I am a Facebook friend. Though some of these Facebook friends were sharing personal items, most were sharing business or legal commentary.

Facebook will no longer be an option for lawyers. Privacy and ethical hang-ups are not legitimate concerns. They merely reflect ignorance or an unwillingness to adapt to the change in which people network.

The Facebook posts in my News Feed tonight included posts from one of the leading media/First Amendment lawyers in the country, a former large state bar president and a leading privacy and data security lawyer. My Facebook friends who are lawyers offer value to me and others, they’re not promoting themselves nor chasing down clients.

Kevin O'Keefe is the CEO and Founder of Seattle based LexBlog, Inc. which is building the world's largest and most comprehensive legal news and information network by drawing on the wealth of contributions from legal bloggers worldwide.

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60 SPRING 2018

Section membership A VITAL PART OF YOUR PRACTICE

As a BASF member, sections give you an excellent way to meet other members, share expertise, and improve the practice of law.

Section membership offers these invaluable benefits: Take a leadership position—build your professional brand Opportunities to deliver programs as a subject matter expert Continuous learning and skills advancement opportunities Access to over 200 in-person and 700 online MCLE programs Recorded seminars in digital formats for self-study credit Want to add a section to your membership?

It’s easy to sign up at

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$20+

1,667

M I L L I O N

S T R O N G

Value of legal services donated to the community

BASF’s solo and small firm community

543

STRENGTH IN COMMUNITY

Live Events in 2016, including CLE Seminars, Trainings, Happy Hours, and More

THE BAR ASSOCIATION of SAN FRANCISCO

50,000

217

Calls fielded by the Lawyer Referral and Information Service

Leadership opportunities

2,329

155

The Barristers Club

Events that were webcast in 2016

S T R O N G

45,278 volunteer hours donated in 2016

www.sfbar.org/join 62 SPRING 2018

72 leaders circle firms

THE BAR ASSOCIATION OF SAN FRANCISCO SAN FRANCISCO ATTORNEY 63

INDEX OF ADVERTISERS 1

AHERN

27

MINTZ LEVIN

IBC

ANSWER1

19

MUNGER TOLLES & OLSON

59

BANK OF AMERICA

18

MYCASE

59

COTCHETT, PITRE & MCCARTHY

33

SCHOENBERG FAMILY LAW GROUP

61

DLA PIPER

45

SF-MARIN FOOD BANK

27

GAMEZ LAW

61

SHEARMAN & STERLING

44

GREENBERG TRAURIG

OBC USCLAIMS

IFC

LAWPAY

33

USF SCHOOL OF LAW

63

LAWYAW

39

WILSON SONSINI GOODRICH & ROSATI

60

LIEFF CABRASER HEIMAN & BERNSTEIN

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64 SPRING 2018