Sacramento Lawyer Magazine by Sacramento County Bar Association

July/August 2013

Roundup

www.sacbar.org

An Overview of the Sections of SCBA

Lawyer Lore: The Bridge-Building Shama Mesiwala

• Employment • Real Estate • Personal Injury

• Class Actions • Banking • Corporate and Partnership Dissolutions

Joe has opened his own practice to concentrate on mediation and arbitration. His lifetime of experience as a successful trial lawyer has also made him into a highly effective mediator and an insightful and practical arbitrator.

Joe@GenshleaLaw.com O/ (916) 525-8444 C/ (916) 825-9952 400 Capitol Mall / Suite 1750 / Sacramento, CA 95814

F/ (916) 525-8446

www.genshlealaw.com

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SCBA Interim EXECUTIVE DIRECTOR Mary J. Burroughs

EDITOR-IN-CHIEF Open STAFF EDITOR Heather Cline Hoganson SACRAMENTO LAWYER POLICY COMMITTEE Samson R. Elsbernd Helene Friedman David Graulich Coral Henning Yoshinori H.T. Himel

COURTHOUSE STEPS steps@sacbar.org

sAcrAmento lAwyer July /August 2013

DESIGN & PUBLISHING Mary J. Burroughs (916) 564-3780 mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlaisavljevic SURFING FROM RIVER CITY Coral Henning (916) 874-6013 chenning@saclaw.org ADVERTISING SALES (916) 564-3780 x210 EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 x200 • reception@sacbar.org

OFFICERS Bruce Timm - President Stacy Moak - 1st Vice President BJ Susich - 2nd Vice President Angela Lai - Secretary Treasurer BOARD OF DIRECTORS DIRECTORS AT LARGE Sonia Fernandes David Graulich Susan Hill Jason Jasmine Jeannie Lee Jones Katie Patterson William Schuetz Mark Slaughter Sabrina Thomas

SACRAMENTO LAW FOUNDATION Stephen Duvernay, saclawfoundation.org

AFFILIATE REPRESENTATIVES Asian Bar Association (ABAS) Kara Ueda Barristers’ Club Monica Hans Capitol City Trial Lawyers Jack Vetter Federal Bar Association Breann Moebius LaRaza Michael Terhorst Leonard M. Friedman Bar Association Jeff Levine Saint Thomas More Society of Sacramento (STMS) Herb Bolz Sacramento Lawyers for the Equality of

SACRAMENTO SACRAMENTO COUNTY BAR BAR ASSOCIATION ASSOCIATION MAGAZINE

Table of Contents

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FEATURE TOPIC LITIGATION 18 An Overview of the Sections of SCBA 8 A View from the Civil Trial Bench: 20 SCBA Section Leadership Institute a Success Computer Animation Evidence in Jury Trials 21 Why You Should Join an SCBA Section 22 Making COVER STORYyour Section Gathering a Success: Tips on Setting Luncheons 28 Francis Intellectual Property Section Gets Reboot 16 J. Mootz III Takes Over asa9th Dean in History of Pacific McGeorge School of Law LITIGATION EVENTS 10 View from the Civil Bench: Reduction to Present Cash Value: 20 Bench-Bar Reception -Whose Burden Is It? Sets Sponsor and Attendance Records SECTION & AFFILIATE NEWS ETHICS 14 Promulgations from the Tax Section 16 The Ethical Lawyer: A Pitch for the Rules of Professional Conduct 26 Barristers’ Club Update 28 SCBA Welcomes New Civil Litigation Section PROFILES 30 SacLEGAL Holiday Party Celebrates 2012 LGBT Election Victories 26 Lawyer Lore: The Bridge-Building Shama Mesiwala COMMUNITY SERVICE EVENTS 22 VLSP Volunteers Fill Community Need 8 SBCA Golf Tournament 2013 LAW & PUBLIC POLICY 24 Law andSERVICE Public Policy Academy Thriving at COMMUNITY C.K. McClatchy High School Legal Services Program 30 A Wish List of the Voluntary

DEPARTMENTS DEPARTMENTS 46 Editor’ s Message President’ s Message 614 President’ s Message Law Library News 12 Law Library News 15 Surfing from River City 13 Surfing from River City

29 32 33 32 34 34 34 34

Courthouse Steps Calendar Classifieds Courthouse Steps Calendar Classifieds Index Index to to Advertisers Advertisers

Sacramento Lawyer welcomes letters article suggestions readers. Please e-mail them to editor@sacbar.org. Sacramento County Association reserves righttotoedit editarticles articles Sacramento Lawyer welcomes letters and and article suggestions fromfrom readers. Please e-mail them to editor@sacbar.org. TheThe Sacramento County BarBar Association reserves thethe right and letters sentsent in for Please contact SCBA 916-564-3780 forfor deadline information, page: and letters in publication. for publication. Please contact SCBA 916-564-3780 deadline information,faxfax916-564-3787, 916-564-3787,orore-mail e-mailmburroughs@sacbar.org. mburroughs@sacbar.org.Web Web page:www.sacbar.org. www.sacbar.org. Caveat: Articles and and other work submitted to Sacramento Lawyer become the the copyrighted property of of thethe Sacramento County Caveat: Articles other work submitted to Sacramento Lawyer become copyrighted property Sacramento CountyBar BarAssociation. Association.Returns Returnsofoftangible tangibleitems itemssuch such as as photographs photographs are by of the Executive Director only, by by pickup at the SCBA office only. arepermission by permission of the Executive Director only, pickup at the SCBA office only.

Gays Lawyers and Lesbians (SacLegal) Women of Sacramento Jeff Edwards Nichole Rapier South Asian Bar Association

Tej Grewal COMMITTEE / SECTION Wiley Manuel Bar Association REPRESENTATIVES Alana Mathews Lawyer Referral and Information WomenService Lawyers(LRIS) of Sacramento Nichole Rapier Peter Kyung Conference of Delegates Andi Liebenbaum COMMITTEE SECTION Indigent Defense/ Panel (IDP) REPRESENTATIVES Kevin Adamson Lawyer Referral and Information Section Representative Service (LRIS) Daniel Yamshon Peter Kyung Voluntary Legal Services Conference Delegates Program of (VLSP) Andi Liebenbaum Victoria Jacobs Indigent Defense Panel (IDP) Kevin Adamson SECTIONS Section Representative Administrative Law Daniel Yamshon Heather Cline Hoganson Voluntary Legal Services Alternative Dispute Resolution Program (VLSP) Ken Malovos Victoria Jacobs

SECTIONS Appellate Law Administrative Law Scott Cameron Heather Cline Hoganson Bankruptcy & Alternative Dispute Resolution Commercial Law Ken Malovos Jamie Dreher Appellate Business Law Law Scott Cameron Sarra Ziari Bankruptcy & Children’s Counsel Diane Wasznicky Commercial Law Environmental Jamie Dreher Law Andrea P. Law Clark Business Family Law Sarra Ziari Russell Carlson Children’s Counsel Health Care Diane Wasznicky Kristen Cerf/JohnLaw Puente Environmental Labor & Employment Law Andrea P. Clark Meredith Packer Family Law Garey ProbateRussell & Estate Planning Carlson Donna L. Courville Health Care Real Property Kristen Cerf/John Puente M. Hunter Law Labor Ian & Employment Tax LawGarey Meredith Packer Ciro Probate & Immordino Estate Planning Donna L. Courville

RealCompensation Property Worker’s Ian M.Marcus Hunter Jason Tax Law

Ciro Immordino COMMITTEES Worker’s Compensation Bylaws Jason Marcus BJ Susich Continuing Education of the Bar Daniel Yamshon COMMITTEES Diversity Hiring and Retention Bylaws Linda Partmann BJ Susich Electronic Media Continuing Education of the Bar Herb Bolz / Katie Patterson Daniel Yamshon FeeHiring Arbitration Diversity and Retention Ken Partmann Bacon Linda Judicial Review Electronic Media Birney HerbPhilip Bolz / R. Katie Patterson Judiciary Fee Arbitration Diane Ken W. Wasznicky Bacon LongJudicial RangeReview Planning TBD Philip R. Birney Membership Judiciary TBD Diane W. Wasznicky Membership Kurt Hendrickson

Pictorial Directory Directory Pictorial Herb Bolz Herb Bolz Sacramento Lawyer Lawyer Policy Sacramento Policy Open Jack Laufenberg Sacramento Lawyer(USPS (USPS0981-300) 0981-300) Sacramento Lawyer is is published bythe theSacramento Sacramento published bi-monthly bi-monthly by County 1329Howe HoweAvenue, Avenue, County Bar Bar Association, Association, 1329 #100,Sacramento, CA95825. 95825.Issn Issn1087-8771. 1087-8771. #100,Sacramento, CA Annual rate:$6.00 $6.00included included Annual subscription subscription rate: in in membership or $24.00 $24.00for fornonmembers. nonmembers. membership dues, dues, or Periodicals paidatatSacramento, Sacramento, Periodicals postage postage paid California. Sendaddress addresschanges changes California. Postmaster: Postmaster: Send to toSacramento Sacramento Lawyer, Avenue, Lawyer, 13291329 HoweHowe Avenue, #100, #100, Sacramento, CA 95825. Copyright Sacramento, CA 95825. Copyright 2013 by 2013 the by the Sacramento County Bar Association.

Sacramento County Bar Association.

Each author’s commentary reflects his/her Each author’s commentary reflects his/her individual opinion only and not that of his/ individual opinion only and not that of her employer, organization with which he/she his/her employer, organization with which is affiliated, or Sacramento Lawyer magazine, he/she is affiliated, or Sacramento Lawyer unless otherwise stated.

magazine, unless otherwise stated.

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President’s Message

Halfway through a Busy and Successful 2013

highlighted in previous columns, the SCBA’s Board of Directors continues to focus on new events and programs to increase member benefits. We are pleased with our progress through the first half of 2013 and expect our momentum to continue. Some of our recent successes and upcoming events are outlined below. The Board recently hosted its First Annual SCBA Golf Tournament on June 17. Approximately 100 golfers

Sacramento Lawyer July /August 2013

and many other SCBA members and prospective members gathered at the beautiful Del Paso Country Club to enjoy an afternoon of golf, followed by a first-rate dinner reception and silent auction. The tournament was such a tremendous success that we have already reserved June 16 with the club to host the event again next year. Thank you to Mary Burroughs and our golf committee for making this inaugural SCBA event such a huge success. We also hosted a very successful

Bruce M. Timm

member mixer at House Kitchen & Bar on May 21. Over 80 members and prospective members attended the mixer and enjoyed meeting and networking with colleagues. The SCBA’s newly formed Court Funding Task Force held its first meeting on May 13 and expects to play a meaningful role in efforts to restore adequate funding to our courts for years to come. The SCBA’s new Mentorship Program, under the leadership of Board Member Jason Jasmine, has also started its work, including studying mentorship programs from other associations and determining the most effective means to assist new lawyers who find themselves limited by the current shortage of law related jobs. We also remain focused on our sections. In May, the Board authorized the formation of a new Intellectual Property Law section. Thanks to the hard work of attorney Carissa Bouwer, the SCBA will once again support a group of members dedicated to this growing practice area. Other new sections remain in the planning phases, including a section dedicated to public law and a substantive law committee focused on ethics. Please plan to attend our annual Bench/Bar Reception, where we will honor the SCBA’s 2013 Judge of the Year, Judge Laurie Earl. The Reception is scheduled for September 12 at the Tsakapolous Library Galleria. Finally, after nearly three years of service, Jack Laufenberg has decided

to step down as the Editor in Chief of Sacramento Lawyer magazine. As you might imagine, putting this great magazine together on top of a full-time job is not an easy task. Jack has done a tremendous job with our magazine over the last few years. On behalf of the Association, thank you, Jack, for all of your hard work.

For For more more information information visit: visit: www.sacbar.org www.sacbar.org

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Events

SBCA Golf Tournament 2013

onday, June 17: The weather was warm with a slight breeze. The atmosphere at Del Paso Country Club was convivial. Birds chirped. Wind rustled the tree leaves. Golf balls whizzed. Beverages were sipped. The new and improved, First Annual SCBA Golf Tournament was a success. Sure, there were bar golf tournaments before, but they were a decade ago and different, so the count has been reset. Over 100 golfers came to play, ages 10 and up. There were four different Hole in One Games, where golfers who shot a hole in one would win either Cleveland Irons, a $500 VISA gift card, a Kindle Fire, or $5,000.00, depending on the hole.

Individual prizes also went to the following: • Long Drive Men: Pete Sprague • Long Drive Women: Barb Hall • Closest-to-Pin Men: Dan Spackman • Closest-to-Pin Women: Bobbi Miller • Putting Contest Winner: James Schiavenza Then there were team prizes. (See photos, next page.)

Edward Smith, Scott Smith from Casey Corporattion of California with Barry Pitluk, Kevin Williams from KVIE

Sacramento Lawyer July /August 2013

Bill Ocken, Mark Hardy, Stephanie Rice and Alan Phillips

For a Scramble, each team member hits a tee shot per hole. The team then selects the best tee shot, and all members of the team may then hit from that position. Subsequent shots are made following the same procedure until the team holes out (sinks the ball into the hole). The Low Gross winner shot the lowest scramble score of the day without a handicap, while the Blind Bogey winners won by the handicap calculated by the Golf Shop. After everyone finished golfing, a cocktail hour commenced, during which members bid on silent auction items, purchased raffle tickets, chatted, and hyrdrated. Then a scrumptious buffet dinner was served. While members ate, prizes were awarded, raffle tickets drawn, and the auction concluded. Master of Ceremonies Scott Moak (the voice of the Sacramento Kings) kept things moving; SCBA President Bruce Timm thanked the members of the SCBA Golf Committee: Mary Burroughs, Stacy Moak, Andi Liebenbaum, Sabrina Thomas, Tracey Lundholm, Martha Fenchen, Brian Hawkins, Bill Schuetz, Ruby Wolff, Tim Weir, Russell Catty, Larry Kazanjian, and Botum Chhay. Attendees agreed that it was a fabulous day – great venue, great food and beverages, great camaraderie. Next year’s golf tournament is already scheduled for June 16, 2014 at Del Paso Country Club, which happens to be the site of the 2015 Senior U.S. Open. Mark your calendars now!

Events

Low Gross Scramble - 1st place Kellan Mayberry, Lisa Ventura, Karl Engeman, James Schiavenza

Blind Bogey Scramble - 1st place

Ray Sprague, (Andi Liebenbaum) Pasquale Sprague, Steve Brown, Gregg Eddy

Port Parker, Brian Koehler, Jenni Harman and Jon Mann

Tracy Mullen and Sandra LaMendola â&#x20AC;&#x201C; Client Relationship Managers, River City Bank

Blind Bogey Scramble - 2nd place Don Madsen, Treaver Hodson, Larry Kazanjian, Dan Davis (not pictured)

Johnny Bateman and Dave Wilkinson from Capitol Digital

Heather Hoganson serves a different shot

Carol Delzer

July /August 2013 Sacramento Lawyer

Litigation

A View from the Civil Trial Bench: Reduction to Present Cash Value: Whose Burden Is It?

This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments should be addressed to HersherJ@saccourt.ca.gov

nce a plaintiff establishes a defendant’s liability at trial, he or she is entitled to an award of damages. The damages typically cover all losses through the date of verdict, and any additional losses reasonably certain to occur in the future. (Civ. Code §§ 3281, 3283) With limited exception,1 case law, as reflected in the Judicial Council of California Civil Jury Instructions (CACI), requires that any award of future economic2 damages be reduced to “present cash value.” Present cash value is the amount that, if reasonably invested today, will provide the plaintiff with the amount of his or her future damages. (CACI 3904A-Tort Damages and 359-Contract Damages) In 1972, the First Appellate District issued a decision finding that a late filed request by a civil defendant to have the court instruct the jury to reduce any future economic damages to “present cash value” was properly denied. A young man had lost his leg due to improper surgical procedures and his attorney sought damages to cover his impaired future earning capacity. No witness testified at the medical malpractice trial on the how to calculate a reduction of lost future economic earnings, and the parties had not submitted the relevant present cash value instruction to the court prior to the swearing of the first witness. The court articulated two grounds in denying the jury instruction. First, the instruction was late.3 Second, neither side had offered any expert testimony on “present cash value,” that is, the amount necessary to be awarded in the present which, with interest, would pay the plaintiff the equivalent of his future loss of earning capacity had he not been injured. The court held that

By Judge Judy Holzer Hersher

Sacramento Lawyer July /August 2013

the necessary calculations a jury would have to make to determine the present cash value was “not otherwise within the ‘common knowledge’ of the jury.” (Wilson v. A.E. Gilbert et al., (1972) 25 Cal.App.3d 607, 613 (“Wilson”).) It continued: “The computation of such “present cash value” is “difficult and confusing…[citations],” and absent appropriate evidence on the difficult topic, the jury “would have been put to sheer speculation in determining” the amount to award. Providing a jury instruction without benefit of any evidence of “advice as to the complicated factors of compounding and discounting” was asking too much of the jury. (Id. at p.614.) No Appellate Case is Directly on Point with Respect to Burdens of Proof Wilson, which is often quoted for the need to reduce future economic damages to present cash value, did not address the burden of proof issue. In other words, was it the defendant’s burden to prove the amount needed to be paid today to compensate plaintiff for his or her future lost income, or was it the plaintiff’s burden as part of his or her case in chief? This issue comes up repeatedly in modern day civil jury trials, but there are no California cases or statutes directly on point for allocating the burden. Some unpublished California cases have cited federal cases on point.4 The federal courts assign the plaintiff the burden of producing evidence on any anticipated inflation that may affect a future award, while a defendant is assigned the burden of producing evidence on the discount rate and the reduction of any future award to present cash value. If no one produces any evidence, the award is not adjusted. (See Alma v. Manufacturers Ha-

nover Trust Co. (9th Cir. 1982) 684 F.2d 622, 626.) So what happens in the typical statecourt case where no one puts on any evidence regarding the award of future economic damages by either inflation or investment returns? Is there any difference between a default case where the defendant has never appeared and one that goes to a bench or jury trial? What about reductions to present value by post-trial motion where a court is asked to enter judgment taking into account earlier good faith settlements? Default or Prove-Up Cases The law provides that when a defendant fails to file a responsive pleading, a plaintiff may request entry of default and default judgment under Code of Civ. Proc. §585,5 as liability is deemed admitted. A default judgment by the court clerk is available, for example, when damages are fixed or easily determined by the terms of a contract. However, if there is any uncertainty as to the amount or method of computing damages, the clerk cannot enter judgment and the plaintiff must seek a default judgment from the court after submission of admissible evidence. (Liberty Loan Corp. of North Park v. Petersen (1972) 24 Cal.App.2d 915, 919.) In those cases where future economic damages are an available remedy and sought by the plaintiff, such damages must have been pled in the complaint or the statement of damages, as the pleadings set the upper limit on damages that may be awarded. In default and proveup court trial cases, it appears that it is the plaintiff’s burden to address reductions to present value and that he or she is not relieved from putting on evidence of the present cash value of future awards. Fur-

thermore, failure by the court to insure the claimed future amount is reduced is reversible error. (See, e.g., Scognamillio v. Herrick (2003)106 Cal.App.4th 1139, 1150-1151.) Civil Jury Trials As of the time of this writing, CACI 3904A and CACI 359 prompt trial users to give the present cash value instruction “if future economic damages are sought.” (See “Directions for Use” included with each instruction.) The directions imply that the instructions need not be given if no evidence has been presented on the topic. They continue, however: “It would appear that because reduction to present value benefits the defendant, the defendant bears the burden of proof on the discount rate,” citing to Wilson. Thus, the federal view on the appropriate burdens is implicitly accepted, except, perhaps, where there is a California statute on point, such as in landlord tenant law or the Medical Injury Compensation Reform Act (MICRA).6,7 What we do know at this juncture is that a court can refuse to give any instruction about the effects of inflation or the need to reduce to present value if there has been no evidence on the topic and it can bar closing argument on the subject. (Wilson, supra, (1972) 25 Cal. App.3d at pg. 613; emphasis added.) At the same time, nothing prevents counsel from stipulating to the use of the CACI present value tables (CACI 3904B) and any related appropriate factors. (See, e.g., Stevens v. Owens-Corning Fiberglas Corp. (1996) 49 Cal.App.4th 1645, 1651-1655 (stipulations regarding life expectancy, present cash value, and future pension benefits upheld).) Reduction to Present Value and Good Faith Settlements Franck v. Polaris E-Z Go Div. of Textron (1984) 157 Cal.App.3d 1107, a Third District Court of Appeal case, addressed the issue of how to handle the amount of reduction to present cash value, if any, to which a non-settling tortfeasor after verdict is entitled, where other defendants have entered into a

court approved structured settlement calling for future periodic payments under CCP §877(a)8. The appellate court faced the issue of whether the non-settling defendant should have the benefit of an offset against its’ judgment of the total amount of all future cash payments agreed to by the settling parties, or just the amount paid at settlement to fund future annuity payments. The court held that the trial court should use the present cash value of the settlements (i.e., the amounts used to fund the annuities) as an offset to the total judgment. Why? In conjunction with two other public policy arguments, “[O]nly by discounting the future payments to their present cash value and reducing the award by that amount will plaintiff receive the recovery to which she presently is entitled.” (Id, at pg. 1116-1117; italics in original.) Does “Ineffective Assistance of Counsel” Equate to Legal Malpractice in Civil Cases? Criminal cases don’t necessarily speak in terms of legal malpractice, i.e., falling below the standard of care expected of attorneys, and thus the basis for a civil suit seeking money damages against a former attorney. Rather, they talk in terms of “ineffective assistance of counsel.” In the recent case of People v. Pangan (2013) 213 Cal. App. 4th 574 (“Pangan”), a defendant was convicted of causing bodily injury while driving under the influence, a violation of Vehicle Code §23153. The criminal trial court imposed a restitution award in favor of the victim of $70,000. The amount was determined by multiplying the decrease in the victim’s pension payments caused by his forced retirement due to injury caused by the accident, calculated over the victim’s likely life span, without reduction to present cash value. The appellate court had this to say at page 574: “This is a driving under the influence with injury case…in which the trial judge’s conscientious and painstaking calculation of a restitution award failed to take into account the time value of money. When the court computed the value of the victim’s $246.50 per month in pen-

sion benefits, it multiplied that monthly benefit by a calculated likely lifespan and ordered a payment of $70,000. Defense counsel did not object, and defendant was hit with a restitution order that overstates the victim’s actual economic loss by thousands of dollars. We now hold: (1) It is an abuse of discretion not to account for the time value of money in determining a victim’s economic loss based on a diminished or lost stream of future payments. (2) The failure on defense counsel’s part to raise the issue of the time value of money in this case was ineffective assistance of counsel. (3) No satisfactory explanation is available to excuse counsel’s failure.” Since Pangan is a criminal case, and since criminal trial judges awarding restitution have discretion on how they calculate the amount (See, e.g., People v. Giordano (2007) 42 Cal. 4th 644, 665666), a comparison with civil appellate cases may not be appropriate. However, there are some important factors for the civil attorney to consider in light of Pangan. First, the decision affirms that any restitution order should not provide a victim with a windfall and must be discounted to reflect the fact the recipient is receiving the money now and that it must be clear from the record how the matter was handled. (Pangan, at pp. 581-582.) Next, in cases where there is some overlap between criminal restitution awards and subsequent civil awards, the reduction to present value may well be an issue. Finally, if it is ineffective assistance of counsel not to seek a reduction of a restitution award compensating for lost future damages to present cash value in a criminal trial, is it malpractice for a defense attorney not to do so in a civil trial? The answer to this last question may well be “yes,” depending upon the record in the case. Suggested Approach In light of the above, it would appear that at a minimum in a civil trial seeking future economic damages trial counsel should consider doing one or more of the following: July /August 2013 Sacramento Lawyer

Litigation (1) Use the trial brief to inform the court whether they intend to put on evidence related to the effects of inflation and/or reduction to present cash value with respect to future economic damages; (2) Submit appropriate jury instructions on the topic before the first witness is sworn if there will be witnesses on the topic; (3) Stipulate, when appropriate, to the various factors necessary to use the CACI jury present cash value reduction tables; (4) Advise the court of any stipulations regarding evidence related to this topic; (5) Advise the court that no evidence will be presented on the topic by any party and both parties agree that neither side will do so; (6) Be prepared to discuss the offset, if any, of prior settlements or court ordered restitution and their reduction to present cash value by way of post-verdict motion.

Sacramento Lawyer July /August 2013

In this way, there will be an adequate record for appellate review, trial and appellate courts can determine whether there has been a knowing, intelligent and voluntary waiver of the reduction issue during the trial, and whether further orders are necessary by either court. 1 Awards utilizing periodic payments pursuant to Cal.Civ. Proc. Code §667.7 (MICRA) are handled differently. See, e.g., Salgado v. County of Los Angeles et al., (1998) 19 Cal. 4th 629. 2 Economic damages generally encompass items such as past and future medical expenses, medical monitoring costs, past and future lost earnings or profits, lost earning capacity, damages to real property or loss of its use, loss of ability to provide household services, damages to personal property or crops, etc. Non-economic damages typically include pain or mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, emotional distress, etc. 3 For an in depth article on the perils of filing a late request for a jury instruction, see this author’s article published in the May/June 2009 Sacramento Lawyer, “View from the Civil Trial Bench, Civil Jury Instructions (Part I): Untimely Submission by Trial Counsel—An Oversight with Significant Consequences,” pp. 12-13.

4 See, e.g., Barry v. Twentieth Century Fox Film Corp., 2011 Cal. App. Unpub. LEXIS 7132 (Cal. App. 2d Dist. Sept. 20, 2011). 5 Section 585 is too long to quote here but a close reading of the statute is encouraged. 6 See., e.g., Civil Code 1951.2(a)(1), which clearly places the burden on a lessee to prove establish any discount rates that may affect the worth of the award of future unpaid rent; see also Salgado v. County of L.A. (1998) 19 Cal., 4th 629 which addresses various statutes and special provisions associated with the Medical Injury Compensation Reform Act (MICRA). 7 The author cautions that family law cases have their own set of precedents in this area. See, e.g., In Re Marriage of Bergman (1985) 168 Cal.App.3d 742. 8 § 877. Effect of release, dismissal, or covenant not to sue or enforce judgment Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater.

MARCH/APRIL 2013 SACRAMENTO LAWYER

Law Library News

Spotlight on the Collection: Drunk Driving (DUI) Defense Resources Compiled by Robyn M. Moltzen, Public Services Librarian, Sacramento County Public Law Library

he California Department of Motor Vehicles (DMV) recently released a detailed report regarding California drunk driving (DUI) statistics. The 2012 California DUI Management Information System (DUI-MIS) report tracks the processing of offenders through the DUI system from the point of arrest through conviction and license control actions. To see a full copy of the report, go to http://apps.dmv. ca.gov/about/profile/rd/r_d_report/ Section_5/S5-236.pdf. According to the report, there were 195,879 people arrested for driving under the influence in 2010. With this high volume of arrests, defense attorneys need to keep up to date with what resources are currently available. Here is a sampling of materials available at the law library: Attacking and Defending Drunk Driving Tests, by Donald J. Bartell KF8925.T7 B37 Use voir dire strategies, cross-examination questions, and science to con-

609 9th Street Sacramento, CA 95814 916-874-6011 www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian

vince the jury that your DUI case deserves an honest review. Covers strategy and arguments found nowhere else and includes pattern motions and trial tactics. California Drunk Driving Defense, by Lawrence Taylor KFC 477 .T39 Discover step-by-step instructions for procedure and approaches in the defense of a drunk driving case in California. This title outlines what to anticipate and how to prepare for DUI/ DWI pretrial and trial proceedings. California Drunk Driving Law, by Paul Burglin KFC 477 .D35 California Drunk Driving Law is a comprehensive set full of creative defenses, heavily supported motions, solutions, and authoritative interpretation of the law. California DUI Trial Notebook, by Myles L. Berman KFC 477 .B47 Get ready for trial using this trial guide that details California law and strategy and is designed to be used directly in the courtroom. This publication in-

Free Service for Attorneys!

Need a case or law review article? Want to see if your case is still “good law?” Email the Reference Desk at reference@ saclaw.org or call 916-874-6012 with a complete citation, and a librarian will email you the document within 24 hours. Limit 5 documents per day, per attorney.

Sacramento Lawyer July /August 2013

cludes practical coverage of pretrial motions, including motions for pretrial discovery, motions to suppress, and more. Defending Drinking Drivers, by John A. Tarantino KF8925.T7 F3 Learn tactics, motions, case law and sample examinations you need to help your client prevail. Cross-examining police, challenging test results, sample arguments, new case law, and more. Defending Your Client in a Misdemeanor Case (Including a DUI): Here’s how and When to Do It, by Nicole Solis KFC 1155 .D44 This action guide discusses discovery, pleading, sentencing, and judicial perspectives in misdemeanor cases, including DUIs. It specifically covers assisting with client’s release, arraignment, special proceedings, investigating a case, and more. Access this title on the Law Library’s computers using OnLaw. Drunk Driving and Related Vehicular Offenses, by Robert S. Reiff KF 8925 .T7 R45 The new fifth edition of Drunk Driving and Related Vehicular Offenses, updated with new case law and practical advice, provides coverage of numerous topics relevant to DUI and other driving offenses. West’s California Criminal and Motor Vehicle Law, KFC 1100 .A29 .C35 This book includes a comprehensive collection of California constitutional and statutory code provisions including the complete text of the California Penal Code as well as other code provisions that deal with criminal offenses, motor vehicles, and the powers and duties of law enforcement agencies and officers.

Surfing from River City: The Surfing From River City: Surfing From River City:

March on Washington Use Software to Use Screencasting Screencasting Softwarefor to andTutorials Freedom Create Online CreateJobs Online Tutorials Compiled by Mary Pinard Johnson, Public Services Librarian, Sacramento County Public Law Library Compiled Compiledby byRobyn RobynM. M.Moltzen, Moltzen,Public PublicServices ServicesLibrarian, Librarian,Sacramento SacramentoCounty CountyPublic PublicLaw LawLibrary Library

August 28, 2013 marks the 50th Screencasting users totoselect anniversary of allows the March on Screencasting allows users selectany any window ofofand the windowororregion region thecomputer computer Washington for Jobs Freedom, screen and and capture everyscreen andrecord record and capture everywhich brought over 200,000 people thing that happens ininthat area. thing that happens that area. Often to Washington, D.C., to protest Often these screencasts include narration that these screencasts include narration segregation and to urge lawmakersthat to coincides coincideswith withwhat whatusers usersare areseeing seeingon on pass civil rights legislation. The March the thescreen. screen.Screencasts Screencastsare arefrequently frequently culminated with Dr. Martin Luther an used usedtotocreate createonline onlinetutorials. tutorials.For For an King’s famous “I Have a Dream” speech. example exampleofofan aninstructional instructionalscreencast, screencast, Remember this historical event with check County Public checkout outthe theSacramento Sacramento County Public these websites. Law Library’s online tutorial How to Law Library’s online tutorial How to

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http://www.archives.gov/press/exhibits/dream-speech.pdf impacts may from yield-increase impacts mayresult result from yield-increase The National Archives has digitally practices and genetically practices modified preserved aand copygenetically of the text modified of Dr. crops? sets out the crops? Thisprogram program sets outhow how the King’s This famous speech. Videos of this law currently regulates food and disspeech are alsoregulates widely available on-dislaw currently food and cusses how law policy may line, but duefood to copyright cusses how food lawand andclaims policyare may need change meet challenges oftentoto moved ortoto removed from their need change meetthe the challenges ofof the decades. various postings. The copyright status thecoming coming decades. of this speech and video has been the subject of Development much litigation, withon the Energy Energy Development on th Circuit finally siding with the King 11 Tribal Lands Tribal Lands Family (Estate of Martin Luther King, Jr., Federally-recognized Native Federally-recognized Native Inc. v. CBS, Inc., 194 F.3d 1211 (1999)). American communities in California American communities in California

poly.edu/cgi/viewcontent.

installation. cgi?article=1002&context=comm_fac installation.The Thefree freeversion versionhas hasaa maximum record 15 maximum recordtime timeofofdiscusses 15minutes, minutes, This interesting article how but includes free YouTube butKing’s includes freehosting, hosting, YouTube Dr. speech has earned a permapublishing MP4, and publishing capability, MP4,AVI, AVI, and nent placecapability, in the “collective memory” FLV movie. For $15.00 aayear, go pro FLV movie. For $15.00 year, go pro of the American public. Throughout and get unlimited record time and and get unlimited record time and this article, the authors draw many other otheroptions. options.

comparisons to President Lincoln’s Gettysburg Address. Screenr Screenr

www.screenr.com www.screenr.com Martin Luther King Jr.’s Speech Ana-

Screenr that Screenrisisaafree, free,web-based web-basedtool lyzed by Nancy Duarte tool that lets letsusers userscreate createscreencasts screencastswithout without http://vimeo.com/18792376 installing installingany anysoftware softwareon ontheir theircomcomThis fascinating infographic by butNancy puters. Users puters. Usersjust justclick clickthe therecord record butDuarte charts Dr. King’s speech, using ton and all screen activity is recorded ton and all screen activity is recorded along with from the presentation principles described along withnarration narration fromaamicromicrophone. Users in her book, Resonate. Ms. Duarteon emphone. Userscan canshare sharescreencasts screencasts on Twitter, YouTube ororanywhere else on ploys color coding to show Dr. King’s Twitter, YouTube anywhere else on the However, there theweb. web. However,political thereisisareferences, amaximum maximum use of metaphor, record recordtime timeofof55minutes. minutes.

scripture, and literature to visually represent the structure of the speech.

Snagit Snagit http://www.techsmith.com/snagit.html http://www.techsmith.com/snagit.html The Martin Luther King, Jr. Center

Snagit allows totocreate step-bySnagit allowsusers users create step-byfor Nonviolent Social Change step video tutorials ororhow-to docustep video tutorials how-to docuhttp://www.thekingcenter.org/ ments that can be used for both interments that can be used for both interTheand King Centertraining. provides education nal external Price is nal and external training. Price is and community programs be to inform $49.95 $49.95and andthe thesoftware softwarecan can bedowndownthe world about the life, teachings, and loaded loadedfor forboth bothWindows Windowsand andMac. Mac.

legacy of Dr. Martin Luther King. The Center’s Imaging Project has digitized Martin Luther King Jr.’s “I Have a Dr. King’s papers and works, includDream” and the Politics of Cultural ing speeches, correspondence, and entire This explores potential benefits entire state. state. This panel panel explores the ephemera, potential environmental environmental benefits and and Memory: An Apostil, by Bernard K.the making them available opportunities for renewable energy impacts, and summarizes the various Duffy and Richard Besel opportunities forD. renewable energy from impacts, and summarizes the various the center’s website. projects http://digitalcommons.calprojectson ontribal triballands, lands,discusses discussestheir their applicable applicablelaws lawsand andregulations. regulations.

increasingly are exploring the benefits increasingly The March are exploring the benefits ofof modern modernrenewable renewableenergy energydevelopdevelophttp://www.youtube.com/ ment on tribal lands. Tribal energy ment on tribal lands. Tribal energy watch?v=jidABYf_nLU projects can potentially increase projects can potentially increase selfThis 1964 short documentary wasselfsufficiency, foster economic developsufficiency, foster economic developmade by James Blue for the United ment, employment, and ment, provide employment, andconconStatesprovide Information Agency (USIA) for tribute tributetotoaalow-carbon low-carbonfuture futurefor forthe the

JMuly /August acramento awyer /A/APRIL 2013 AWYER 13 MARCH ARCH PRIL2013 2013 SSACRAMENTO ACRAMENTOLL AWYER 15 13

Ethics

The Ethical Lawyer: A Pitch for the Rules of Professional Conduct

By Betsy Kimball

or years, readers of the Sacramento Lawyer have had by the CHP for doing 80 in a 65-mph zone, has no chance great substantive articles, written by members of the of getting out of the ticket by arguing that “everyone else bench and bar, to use as guides. I still refer to Judge Mcwas going 80 too” – even if it was true. For lawyers, this is Master’s articles on discovery; and there are few trial lawyers one of “those times.” We should expect the bar to apply the among us who could not learn something from Judge Herrules verbatim and give less-than-ever quarter for what I call sher’s series on trial practice. These judges and lawyers have “the reality of practicing law.” That is reason number one to set a high bar for articles in the Sacramento Lawyer. (re)learn the rules. With this article, I begin a series on ethics and “lawyer Reason number two is that the rules also have a civil aplaw.” I have spent much of my practice representing lawyers. plication. The violation of a rule can turn a simple malpracToo often that has meant getting lawyers out of trouble; but tice case into a less-than-simple breach of fiduciary duty case. what I most enjoy is keeping clients out of trouble in the first Although the rules state that they are not intended to create place. It is in that spirit that causes of action or to augment I have chosen to begin this any substantive duty (Rule column with a pitch for the 1-100(A)), how did this hapHow can a violation of a rule turn Rules of Professional Conduct pen? My answer: Doris Day. and why they are important. Day was a famous 20th a simple malpractice case into century singer/actress, perLike all of my colleagues who a less-than-simple breach haps best known for starring represent lawyers, I have hanopposite Rock Hudson in the dled many cases that could of fiduciary case? … Doris Day 1959 movie Pillow Talk. Day’s have been avoided if the lawthird husband was Martin yer had known about or folMelcher. She relied on him lowed a given rule. to handle her business and financial affairs, and he in turn I want to stress from the start that the opinions I express relied on their attorney, Jerome Rosenthal. Over time, Rosenare mine and mine alone. Like no other professionals, lawthal expanded his role from attorney to business advisor and yers know that reasonable and informed minds can – and tax planner. Scores of pages in multiple appellate decisions often do – disagree. were written describing the nature and extent of Rosenthal’s I have observed an inherent tension in some of the rules misdeeds – which were considerable. Reduced to a single between what they require if applied verbatim and the “realsentence, think how a trustee would act. Rosenthal was the ity of practicing law.” For a long time, I felt comfortable in anti-trustee. Lawsuits were filed. In 1975, a judgment was advising clients from a perspective that accounted for both. entered in favor of Day and against Rosenthal for over $26 But that is changing. The State Bar is once again under presmillion, plus $1 million in punitive damages. Rosenthal apsure to re-assure the legislature that the legal profession can, pealed, and in 1985 we got the court’s 65-page decision in in fact, regulate itself, so it has stepped up its disciplinary acDay v. Rosenthal (1985) 170 Cal.App.3d 1125. From this tivity accordingly. A new chief trial counsel has been hired, came the finding that “[t]he standards governing an attorthe bar’s internal case management procedures have been ney’s ethical duties are conclusively established by the Rules revised, and real money is being spent to upgrade the techof Professional Conduct. They cannot be changed by expert nology in the chief trial counsel’s department. Those of us testimony. If an expert testifies contrary to the Rules of Profeswho turn to the back pages of the California Lawyer every sional Conduct,...the expert testimony is disregarded.” (Id. at month have noticed that the “discipline report” has grown a p. 1147, original italics.) lot longer lately. In a breach of fiduciary duty claim, Day v. Rosenthal and This is an especially bad time to be subject to a bar invesits progeny make it difficult, even impossible, perhaps, to tigation or disciplinary action (not that there ever was a good Continued on page 21 time). By analogy, there are times when a driver, pulled over

Sacramento Lawyer July /August 2013

July /August 2013 Sacramento Lawyer

Feature Topic

An Overview of the Sections of SCBA

addition to a brand new Intellectual Property Section starting this fall, the Sacramento County Bar Association (SCBA) has fifteen currently active sections: Administrative Law, Alternative Dispute Resolution, Appellate Law, Bankruptcy and Commercial Law, Business Law, Childrens’ Counsel, Civil Litigation, Environmental Law, Family Law, Health Care, Labor and Employment Law, Probate and Estate Planning, Real Property Law, Tax Law, and Workers’ Compensation. Separate dues for these sections range from $10 to $20 per year. Sections are governed by a charter, filed with SCBA, and usually have a board of officers ranging from one to seven individuals (a mix of chair, vice-chair, secretary, treasurer, publicity, speaker relations, newsletter, etc.). Annual end-of-year reports to the SCBA update the board of directors on accomplishments or issues for each section. Typically, sections hold monthly or quarterly meetings, most including an MCLE component. In addition, many sections also host holiday, networking, or speaker appreciation events. A number of sections are involved in community outreach. The Probate Section donated $2,000 to the Senior Legal Hotline in 2012, while the Administrative Law Section donated $1,500 to the Tommy Clinkenbeard Legal Clinic and $750 to the Voluntary Legal Services Program in 2012. For 2013, the Administrative Law Section was a sponsor of the Legal Services of Northern California Valentine Run. Sections are also involved in awarding achievements. The Environmental Section annually gives scholarships to students. In 2012, the Probate Section gave its first ever Court Service Award to Jean McEvoy (see Sacramento Lawyer article, November/December 2012, page 28-29). And now, the sections themselves: Administrative Law: Brings public and private lawyers together to consider significant issues in the growing field of administrative law. There are approximately 100 members of the Administrative Law Section, both private practitioners and state or local government attorneys who practice in what is commonly referred to as a “niche” area of law. The section alternates between monthly lunches and occasional seminars, including a two-hour writ seminar in February with the four Sacramento Superior Court writ judges, a two-hour privacy vs. public records seminar in May, and a joint half-

sAcrAmento lAwyer July /August 2013

day seminar with the Labor and Employment Law Section on the two overlapping areas of law in September, including administrative hearings, procedural updates for civil service commissions, State Personnel Board (SPB), and the Public Employee’s Retirement Board (PERB).

Administrative Law Section Officer Eric Feller presents Bon Voyage Luggage Tag to retiring section officer and state attorney Bernard Lu; Tim Morgan accepts plaque for his prior service as Chair of the Administrative Law Section

Alternative Dispute Resolution: Brings together arbitrators, mediators, and litigators to consider, study, discuss and review all significant issues in dispute resolution. Appellate Law: Provides a forum for discussion and study of civil and criminal law issues in the field of appellate practice. The section is open to all SCBA members, whether in private practice, government practice or in-house counsel. The Appellate Law Section for many years has hosted a “California Supreme Court Year in Review” with noted scholars weighing in on the court’s trends. Bankruptcy and Commercial Law: Studies and discusses issues of particular concern to section members, such as local bankruptcy rules, recent developments in bankruptcy and commercial law, and bankruptcy code amendments. The Bankruptcy and Commercial Law Section hosts a onehour speaker/MCLE luncheon at the Firehouse restaurant the third Wednesday of every month. Recent presentations have included a discussion of Chapter 7 trustee issues by Howard Nevins and Aaron Avery of Hefner, Stark & Marois, LLP and an ethics discussion for bankruptcy lawyers by Toni

Feature Topic Darling of the Office of the United States Trustee. The July presentation will be a retrospective of 25 years on the bench by Chief Bankruptcy Judge Christopher M. Klein. Business Law: Studies and discusses issues of corporate and securities law. A joint meeting with the soon-to-be Intellectual Property Section is planned for November 13. Childrens’ Counsel: Studies and discusses issues pertinent to the court appointed representation of children. Civil Litigation: Introduced via this publication in the March/April 2013 issue, this new section has both a board of directors as well as an advisory board comprised of lawyers, judges, and deans from the UC Davis and Pacific-McGeorge Schools of Law. The section will focus on sponsoring and presenting civil and business litigation educational programs, providing mentoring and networking opportunities, and communicating with the local civil bench and law schools. Environmental Law: Offers varied and dynamic expert speakers in numerous areas of environmental law. The Environmental Law Section has more than 150 members, representing both private and public sectors. The section hosts monthly lunch meetings on a wide range of topics relevant to environmental practitioners, including the environmental review process, natural resource regulatory issues, environmental legislation updates, air and water quality, environmental forensics, environmental criminal law, toxicology, smart growth and land use issues, and flood control. Speakers include leading environmental law practitioners and environmental scientists, as well as state and local regulators and legislators. Family Law: Provides a forum to study all aspects of family law, from the view of CPAs, child custody evaluators, family court services and the bench. Health Care: Provides a forum for health care lawyers and other lawyers with health care clients to engage in educational and networking activities. Holds evening networking receptions and quarterly luncheon meetings for its members and interested persons. The luncheons feature presenters from the Legislature, regulatory agencies, private practice, and a variety of healthcare related associations. Luncheon meetings are generally held at the Firehouse Restaurant in Old Sacramento. Intellectual Property: Still in the inception phase, this new section plans to provide a forum to study and discuss procedural and substantive law issues in the field of intellectual property and the cross-over with other areas of law. As part of the cross-over, an initial joint meeting with the Business Law Section is planned for November 13. Watch for more information on this emerging section in future issues of the magazine.

Labor and Employment Law: Is devoted to providing an educational and social forum for its members to promote the discussion of various aspects of labor and employment law. The Labor and Employment Law Section is proudly comprised of members engaged in all aspects of labor and employment practice, from employer-side to employee-side to neutral practitioners. The Labor and Employment Law Section hosts monthly luncheons on a wide variety of topics, including mediation in the workplace, PERB and SPB hearing practices, gender in the workplace, hot issues at the NLRB, pertinent legislative activity, pension and healthcare reform, employment termination, and wage and hour issues. The Labor and Employment Law Section publishes a monthly newsletter on trends in the law and upcoming events. It also provides an opportunity for article submissions. The section is always looking to grow, to provide its members with diverse perspectives, and to foster meaningful working relationships. As mentioned above, a half-day seminar in September will feature a joint meeting with the Administrative Law Section.

Labor Law Section New Officers Jonathan Levy, Chair, Jennet Zapata, Vice-Chair; Peter McEntee, Secretary; and Jennifer Garten, Treasurer.

Probate and Estate Planning: Studies issues in probate administration, estate planning, death taxation, and conservatorships. Real Property Law: Looks at all regions of commercial real estate law and co-hosts seminars with other relevant sections. Tax Law: Looks at issues in the fields of federal, state and local taxation and co-hosts with other relevant sections. The Tax Section acts as a liaison between Sacramento’s taxpracticing community and other tax organizations, such as the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, and the Taxation Section of the State Bar of California. The Tax Section disseminates information from those organizations to its members and communicates practitioners’ concerns and problems to them. (For a recent article, see the March/April 2013 issue of the Sacramento Lawyer, page 14.). Workers’ Compensation: Discusses procedural use of appropriate forms, required attachments, extensions, emergency hearings and wage loss factors. July /August 2013 sAcrAmento lAwyer

Feature Topic

Index of Advertisers

SCBA Section Leadership Institute a Success

ABAS Law Foundation Wine & Food . . . . . . . . . . . . . .Page 19

ADR Services . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 29 American Society of Appraisers . . . . . . . . . . . . . . . .Page 13 Bell & Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 15 Berding Weil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 11 Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . .Page 31 Clubhouse 56 . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 33

he Sacramento County Bar Association in March hosted its first annual Section Leadership Institute at the Sacramento County Public Law Library. Formally an orientation program for new section chairs, the Section Leadership Institute is an expanded program aimed at growing section success by assisting the leaders of the sections with ideas, context, and practical advice. More than 25 representatives from the SCBA’s 15 sections attended the institute. Librarian Coral Henning gave section leaders a tour of the facility and its ample meeting space, which is available for section meetings, including space with computers and powerpoint set up. Section Representative Daniel Yamshon spoke on the importance of sections and the role they play in the SCBA organizational structure (see his article on page 19).

Crowe Horwath . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2 Charr Crail Photography . . . . . . . . . . . . . . . . . .Page 27 Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . .Page 7 Embassy Suites Riverfront . . . . . . . . . . . . . . . . . .Page 9 Joe Genshlea Law and Mediation . . . . . . . . . . . . .Page 3 Jams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3 Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . .Page 7 Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 34 Matheny Sears Linkert Jaime LLP . . . . . . . . . . . .Page 34 Murphy Austin Adams Schoenfeld LLP . . . . . . .Page 28 Northern CA Collection Service . . . . . . . . . . . . .Page 23 Ramirez Arbitration & Mediation Services

. . . .Page 22

SCBA & OPD Annual Law Day Dinner . . . .Back Cover SCBA Support in Promoting Civic Education . . .Page 25 Sacramento Law Library . . . . . . . . . . . . . . . . . . .Page 12 Seyfarth Shaw Attorneys LLP . . . . . . . . . . . . . . .Page 15 Legal Services Nor Cal Valentine Run . . . . . . . . .Back Cover

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34 20

Tracey Lundholm, Scorpion Design . . . . SCBA . . . . . .bookkeeper, . . . . . . . . . . .stressed . . . .Pagethe 35 importance section accounting, Ueltzenof& Company . . . . . .and . . . .handed . . . . . .out . . . forms . .Pagefor 28sections to complete when sending in money for deposit or reWilner & O’Reilly Immigration Lawyers . . . . . . . . . .Page 15 questing expense checks. Taylor Bently, the new chair of the MCLE committee, explained State Bar mandatory continuing education requirements and how sections can apply for them. Administrative Law Section Chair Heather Hoganson gave a how-to address on setting up section meetings (see her article on page 20), updating section web pages, and submitting articles, photos, or calendar items to the SacraLaw Office for rent: mento Lawyer. A group discussion followed, which included Three office, 633 sq. ft., in Sacramento (Ardena lively exchange on how sections could work together on Arcade). Perfect for small firm. $750 mo. Can also specific projects. Handouts gave attendees follow-up details rent furniture, phones, other services. larry@milesand a questionnaire was distributed so section leaders could firm.com /916-849-4273 . give the SCBA further input for going forward. Although the Leadership Institute was limited to two Internship: Student internship opportunity at the persons per section, SCBA Interim Executive Director Sacramento County Bar Association, contact Mary saidemail: the barmburroughs@sacbar.org office was overwhelmed with MaryBurroughs J. Burroughs, calls from others wanting to attend. The 2014 Leadership or call (916) 564-3780 Institute is already in the planning stages, with additional speakers planned and with some great suggestions from this year’sConference attendees. Room rental for members: SCBA Daniel Yamshon job as$20 moderator humor Conference room did tablea great seats 16, half day and & $40 catalyst. SCBASacramento would like County to thankBar Coral Henning for full day.The Contact Association, email: reception@sacbar.org call (916)for 564-3780 providing the venue and MaryorBurroughs the attendee and speaker gift bags.

SSacramento uly /August ACRAMENTO L Lawyer AWYER JM ARCH /APRIL 2013 2013

Feature Topic

Daniel Yamshon, SCBA Section Representative

Why You Should Join an SCBA Section

oining a bar association section gives members many opportunities beyond membership in the Sacramento County Bar Association (SCBA). The fifteen sections (soon to be sixteen) in the association, ranging from administrative law through workers’ compensation, cover just about all areas of practice and interest for members of the bar. In some respects, the sections do the real work of the association and membership will enhance your skills, providing real involvement in legal affairs that can be obtained nowhere else. All sections of the bar hold continuing education events, allowing members to keep up on current developments and critical issues as well as helping to meet their MCLE requirements. The sections usually hold their educational events at luncheons, giving members a chance to interact with others in their interest area. The invaluable networking opportunities offered by section membership are enhanced by some of the sections’ social events. Occasionally, the judiciary requests feedback or comment, or offers a collaborative work-project opportunity, usually relating to a substantive area of law. More than one bench-bar committee has been formed to further this need. In addition, this interaction between the bench and bar sections allows the court to give notice and seek input from section members on proposed rules changes. The sections serve in an advisory capacity when matters coming before the SCBA board require the specialized knowledge and expertise of section members; thus being active in a section allows lawyers to have a direct influence on the practice of law in their areas. In a similar fashion, sections have the opportunity to review proposed legislation and recommend legislation to the California Conference of Bar Associations, also known as the Conference of Delegates. The SCBA is particularly active in the Conference of Delegates and has real impact on legislation in this state. Section membership actually promotes several important goals of the SCBA. Among other things, the as-

sociation is dedicated to fostering an engaged, collegial, diverse, and supportive community of dedicated lawyers and to serve as a leader in the civic and legal communities by having a positive impact on issues of importance. You can find a list of sections at the association’s website, www.sacbar.org or see the article on page 16. If you cannot find a section meeting your needs, the association will be glad to help you form one. Daniel Yamshon is a Sacramento mediator and arbitrator. He was the founding chair of the SCBA Alternate Dispute Resolution (ADR) Committee before it became a SCBA section. He has been the SCBA section representative since 2008.

Ethical Lawyer continued from page 16

argue that an attorney’s “ethical duties” can be established by anything other than an applicable rule of conduct, literally applied. By contrast, in a garden variety professional negligence claim, the standard of care is the level of skill and care that a “reasonably careful” lawyer “would use in similar circumstances[.]” (CACI 600.) Because the standard of care accounts for the “reality of practicing law,” this could mean that reasonable lawyers do “drive 80-mph” under certain circumstances. By contrast, in a breach of fiduciary duty action, where the lawyer’s fiduciary duty is defined by the rules, not the reasonableness of the conduct, there will be no comparable argument. The lawyer will be held to the rule, literally applied. Being sued by a former client is a miserable experience and so is defending a bar complaint. Both are expensive and time-consuming. So I invite you to study up on the Rules of Professional Conduct and to read my articles in upcoming issues as I write about specific rules. Betsy S. Kimball is a certified specialist in both appellate law and legal malpractice and is a partner in the Sacramento law firm of Kimball & Wilson, LLP. In addition to appellate matters, she focuses her practice on the representation of attorneys in ethics, disciplinary, and legal malpractice matters. July /August 2013 Sacramento Lawyer

Feature Topic

Making your Section Gathering a Success: Tips on Setting Luncheons

lthough the substantive law imparted and the networking opportunities presented are the most important parts of a section meeting, the logistics of making this happen are often underappreciated and can be overwhelming to incoming section officers. Here then, are some thoughts, based on my personal experience. Your mileage, of course, may vary. When setting a meeting, your first thought is “Who should speak on what?” But your next thoughts revolve around when, where, how much should it cost, how to get MCLE, and how to advertise. Having a consistent meeting schedule and venue helps your members plan their calendars and helps you set future meetings. You may want to review where other sections are meeting so you can avoid conflicts -- you wouldn’t want to make a member choose between your presentation and a related section’s presentation each month. If more than one section is meeting at the same place on the same day, consider how that might impact the kitchen, service, and your members’ wait times. Experience has shown that Mondays are not the best days to schedule luncheon meetings due to three-day holidays and simple forgetfulness. Depending on the type of law your members practice, Fridays can be really good or really bad. So you decide you want to meet the last Tuesday of the month (as opposed to the third or fourth Tuesday of the month, which would be different) and

Sacramento Lawyer July /August 2013

that no other sections meet that day. Step one down! Next, based on your review of what other sections are doing, where are you meeting? Have you attended luncheons (or breakfasts or happy hours) at these venues before? Was the food good; timely served? Was there parking available? Reasonably priced? Again, the location of your members and their practice areas will dictate what locations might be best. Family law practitioners who practice near the William R. Ridgeway Family Relations Courthouse might not want to drive all the way to Old Sac when there are plenty of Arden locations with free parking available for lunch. On the other hand, attorneys who work downtown might prefer a location they can walk to. Any old restaurant won’t do, of course. There has to be a meeting space where the speaker can be seen and heard and that isn’t too big or too small. Although it might seem odd, my little secret has been to check out bridal magazines every few years to see what new reception sites are listed. If it works for a rehearsal dinner, it’s probably big enough to host your meeting. Once you’ve chosen the restaurant, gotten the banquet menus, and determined that the price is right, you’ll need to sign a contract with the restaurant. The contract should include your start and end times, which should include a buffer for set-up and earlybird check-ins, as well as for those who like to linger and chat after the event. Consequently, a 12-1 luncheon

By Heather Hoganson

may have a contract time of 11:30-2. It’s a good idea to specify times to serve salads, entrées, and desserts (if any), so that your members are not left waiting. Ask the speaker in advance for his or her menu choice and if he or she wants to eat before or after speaking. If before, put it in the contract that the speaker will be served early, and make sure to let the restaurant know in advance what entrée the speaker will be eating. Have someone sit with the speaker when he or she eats so they don’t feel alone and isolated. If the speaker wants to eat later, let the restaurant know that too so they can keep the entrée warm in the kitchen or serve it with a plate cover. Also, consider whether or not you want a table or podium for the speaker and a check-in table with chairs at the entrance to the room. Ask if the speaker has audio/visual needs, including a microphone, and coordinate with the restaurant. Some restaurants charge for use of a screen; some may or may not have a computer-compatible projector. If the speaker is bringing his or her own laptop and projector, advise the restaurant that you will need a small table with a power cord in line with the screen. They will generally tape the extension cord to the ground so no one trips and falls. When choosing entrées from a restaurant, consider your audience and try for some variety. Many restaurants allow two entrée choices, plus a third “chef’s choice” vegetarian dish. Find out what the vegetarian option actually

Feature Topic is, as many people find paying $25 for a plate of pasta primavera offensive, while others wish they would have ordered the portabella lasagna with merlot sauce had they known it was available. If a restaurant offers three entrée choices, one might be vegetarian, the other a white-meat choice (chicken, fish, or pork), and the third red meat. The more information you can provide about the entrées the better, since it allows individuals to consider dietary restrictions, such as allergies to cheese, wheat, or peanuts, and pick an item they might actually enjoy. Only choose sandwiches if your event is going to be very casual, as note-taking can become difficult when mustard squirts on your fingers. As an alternative to the single-serving dessert, I’ve been experimenting with cookie and

fruit trays that serve as an appetizer and dessert. This allows for less waste by those who don’t want sugar while providing that end-of-the-meal satisfaction for those that do. Once you’ve established a routine with a restaurant, this all becomes second-nature. It just takes a little upfront investment. Decide how you want people to reserve their spots. If you prefer email, don’t be afraid to ask for that first -- but give a phone option. The SCBA suggests that members receive a discount and encourages early-bird registration discounts. (Since the restaurant will probably want a headcount 72 hours in advance, having an early-bird incentive can lessen your stress.) The SCBA can also provide a meeting coordinator, which means having the SCBA serve as

reservation taker, restaurant liaison, and MCLE assistant. (Contact SCBA Interim Executive Director Mary Burroughs at the bar office for more information on this service). As you determine how much you charge per person, take into account that the speaker’s meals are generally paid for by the section, as well as whether or not there will be audio/ visual charges, member or early-bird discounts, room charges, meal minimums, and coordinator charges. The restaurant will also let you know that tax and gratuity is in addition to your food charges. Don’t forget beverages! Some restaurants will provide coffee or iced tea, but some won’t. Some members want diet coke with their meal and you may decide it’s easier to include

July /August 2013 Sacramento Lawyer

Feature Topic that charge with the member price. If you will be accepting cash at the door, consider too whether rounding up or down to a nearest dollar will help with making change. Although the entrée listed in the restaurant menu is $18, you may have to charge $25 to break even. That may mean having a $23 early-bird member price, a $25 early-bird non-member price, and a $30 door price, depending on the adequacy of your section

reserves to cover deficits. Some sections have a special law student price ($15, for example), as the law student of today is your future section member (and possible leader) of tomorrow. Next up is your MCLE component. If you design your meetings over lunch, you may have time for introductory remarks from 12 to 12:15. Then your speaker talks from 12:15 to 1, which equals .75 hours of MCLE credit. Whether this

is substantive or fits into a specialty area also must be determined. Note that anything over one hour requires handouts which must be submitted with your MCLE approval forms. New MCLE Committee Chair Taylor Bentley can assist you with any specific questions. Have a section officer attend the monthly MCLE meetings the first Thursday of each month to get general news, get advance approval of upcoming MCLE meetings, or get retroactive approval (for someone who actually attended the event) for previous MCLE meetings. If you have the SCBA coordinator set up your meetings, the coordinator will bring activity evaluation forms, sign-in sheets, and certificates to the section meeting for you. If you take care of the meeting yourself, you will need to have these forms available for your guests. Make sure to bring a few extra forms for walk-in attendees. A catchy title can be very effective and designing a flyer is a great marketing tool! When creating a flyer, keep the following items in mind: • Meaningful title • Speaker name and short description (law professor at Harvard or clerked for Renquist) • Date (Day of Week is helpful) • Time (include registration start time, if you have one) • Name of place and address (cross street?) • Parking information (free? validated?) • Meaningful description of menu items (not just chicken or fish) • Has MCLE been approved or

Sacramento Lawyer July /August 2013

Feature Topic

•

• •

•

is it pending? How much of what category? How do you want guest to make reservations (email, phone, mail, online) Should money be sent in advance or brought to the door? To whom should checks be made payable? Will you accept cash or credit? Cost (include variations of early-bird, member/non-member, law student, etc.)

Now that you have all the information in an eye-catching set-up, you can email it to interested parties, ask that it be sent over the SCBA listserv (plan at least a week ahead for this), and ask that it be placed on the bar web calendar (reception@sacbar.org and copy to scba@sacbar.org for a double-cover). If you have enough lead time, you can also email it to the Sacramento Lawyer for inclusion in the magazine’s calendar section. (editor@sacbar.org). You may also want to alert whichever section member is responsible for web activities to update your section web page. Then wait for the reservations to come rolling in. A week or so before the event, check on your headcount. Depending on when your email or SCBA listserv message went out, guests may have forgotten to reserve their spot. Gentle reminders to particular members (or law firms) are sometimes a great way to get checks in. A day or so before the event, consider making name tags. If you have lots of regulars, you may want to consider reusable name tags that can be turned in at the end of the meeting. When printing name tags, set the font size as large as possible

so no one has to squint to read the name from across the table. Having a large font is also helpful if you are taking photos for future publication and want to make sure the names are correctly spelled in the captions. A little zoom with a large-font name tag ensures proper identification. Also consider touching bases one last time with the restaurant, SCBA meeting coordinator, speaker, and section officers (who may have been delegated certain aspects of the meeting). Event day! Make sure you have handouts, camera, audio-visual equipment, name tags, MCLE forms, change (if accepting cash), and your check-in list before you leave the office, unless these items have already been taken care of. When you arrive at the venue, get the menu tags or chips from the restaurant, if they use them. If the venue validates parking, make sure you either get stamps for the check-in process or have a server come around to the tables to validate. Announce in your introductory remarks how validation is handled if it hasn’t already been handled at check-in. Bring extra pens for check-in and expect to lose one or more (expendable hotel pens are great in this regard). If you are expecting a lot of people, having additional sign-in sheets attached to a clip-board can make shorter work of this process, as people can pass the clip-board down the line. Yes, expect one or two members to have to retrieve a wallet to remember their bar number. Also expect that no one will remember what they ordered. Keep an eye out for the speaker and get him or her seated and fed if they expressed an interest in eating first. You may want to take photos of the meeting for newsletter or magazine articles, es-

pecially if you are presenting an award or donation. What if your speaker gets sick? It happens. Hopefully, you get a day’s notice, but sometimes speakers simply forget to show up or are stuck in an airport far away. You may think about giving guests a monetary credit (full or partial) to a subsequent meeting. Announcing a credit at this point in the proceedings has a remarkably calming affect on a crowd, I don’t know why. If you have a back-up presentation available, now is the time to pull it out. Or you could convert the meeting into a round table discussion where everyone contributes a tip, a news update, or a story from their practice. You are, after all, a section. Post-event, debrief with your officers on what worked and didn’t work, including entrées, set up, cost breakdowns, etc. Writing up the event, either in separate meeting segments or as part of an annual review, lets others know what your section is all about and may increase membership. It might also serve as a reminder of what your members learned and be a useful MCLE-tracking tool for guests. Lead time is your friend in this journey, of course. And back-up plans (from full presentations to people who can fill in at check-in) are priceless. I hope these ramblings assist you in setting up your next successful section gathering! Heather Cline Hoganson is an attorney with the Department of Alcoholic Beverage Control and the current Chair of the Administrative Law Section. She also serves on the board of the St. Thomas More Society of Sacramento, an SCBA affiliate, and was a prior Chair of SLUG – the legal technology section of the SCBA. July /August 2013 Sacramento Lawyer

Profiles

Lawyer Lore:

The Bridge-Building Shama Mesiwala

here are some successful lawyers whose remarkable talents are not displayed exclusively in courtrooms or boardrooms, and a few whose most significant professional accomplishments are attained outside the litigation and transactional arenas altogether. Local attorney Shama Mesiwala is a fantastic example of just such a high achiever, particularly in terms of building bridges between community organizations and promoting community service. “I have been fortunate to find a lot of satisfaction in the work I have done as a lawyer and as a judicial attorney,” Shama explained. “But I also find it very gratifying to assist community-based organizations in realizing their full potential.” That is not to say that Shama has fallen short in demonstrating extensive and capable litigation skills – although she is not one to boast about her track record. Indeed, some research reveals that she began practicing at the Office of the Federal Defender and then spent a few years at the Central California Appellate Program. While working as an appellate advocate, she authored 114 opening appellate briefs in the California Courts of Appeal, not to mention 27 petitions for review, and litigated two cases in the California Supreme Court. Thereafter, as a judicial attorney for California’s Third Appellate District, Shama has written over 330 draft opinions in civil, criminal, juvenile delinquency, and juvenile dependency cases. If that were not enough, she also found time to author numerous scholarly articles concerning appellate practice and other topics for various publications. But beyond those impressive professional milestones, Shama has made tremendous contributions to community organizations and to community service – and she has done so in a determined yet gracious fashion. Her unique blend of strong conviction and affable conviviality seems to have served her and her community well – particularly in finding ways for groups and their members to identify common goals and in charting paths to realize their mutual aspirations. Those who have worked with Shama on such projects report that she is committed to excellence, seldom reticent to speak her mind, and never reluctant to do what is needed to attain positive results. At the same time, they describe her as a colleague who manages to express contrary points of view in a respectful, collaborative, and friendly fashion. “I have enjoyed working on projects with people who come from many different backgrounds and bring to the table many competing points of view,” Shama commented. “It’s

Sacramento Lawyer July /August 2013

By Brendan J. Begley

wonderful when everyone can agree on a direction right from the start, but I have learned so much from working through differences with individuals whose ideas for progress were not always aligned with mine initially.” Perhaps one of Shama’s most notable community endeavors has been her involvement in the South Asian Bar Association of Sacramento (“SABA”), which seeks to promote the professional advancement of attorneys and law students of South Asian decent, including those of Indian, Pakistanian, Nepalese, and Sri Lankan heritage, among others, and to help serve the legal needs of the South Asian community in the greater Sacramento region. Shama cofounded the organization in 2008, was its first secretary, oversaw the association’s growth as its president between 2009 and 2011, and continues to serve as a special advisor to its board of directors.

Clearly SABA and some of the other organizations that Shama has led have a definite cultural identity. However, those groups welcome members from all types of backgrounds – and Shama would not be a part of any would-be community group that excludes individuals on the basis of race, color, religion, sexual orientation, gender, disability or national origin. On the contrary, it is the chance to both teach and learn about different cultures, ways of thinking, cooking, eating, worshiping, sharing and playing that is a big draw for Shama. “Because they offer such opportunities, I always have seen a lot of value in community organizations,” she recollected. “So I have tried to make time to belong to a few of them, and I was willing to put effort into helping with SABA’s formation.”

Profiles Such a modest estimate of the associations she has championed and her role in promoting them is classic Shama. Well known for understatement when it comes to describing her own accomplishments, she nonetheless can be quite animated when describing a worthy group or when praising the contributions of others. For example, Shama was a volunteer at the Legal Clinic of Yolo County for eighteen months, where she regularly provided free legal advice to low income individuals and families in West Sacramento. She advised clients on debt collection, consumer complaints, torts, landlord-tenant issues and wills and trusts, and served as the clinic’s acting director until it closed due to a lack of funding. Additionally, she was a team reporter for the Schwartz/Levi Inn of Court, a member of the Anthony M. Kennedy Inn of Court, a committee chair for Women Lawyers of Sacramento, the treasurer for the Sacramento County Bar Association’s Appellate Law Section, and the chair of the Grants Committee for the Sacramento Law Foundation. Apparently not content to serve as a leader of only bar associations and professional societies, Shama was the presi-

dent and a member of the board of directors of the Lake Alhambra Estates Homeowners’ Association in Davis. As president of that association, a position that many objective observers likely would see as thankless and tedious, Shama worked at resolving disputes between neighbors, suggesting amendments to bylaws, and establishing sound fiscal policies. On a more spiritual level, Shama was the chairperson of the young-adults committee and a member of the stewardship committee at the Unitarian Universalist Church of Davis – a church she joined so she and her husband could practice together the religions to which they belong, Islam and Christianity, respectively. “Some organizations are very appealing to me because of their principled ambitions, while other posts I take just

because I can see that someone needs to do it,” Shama said. With a playful laugh implying a small degree of guilty pleasure, she confessed that she sometimes joins communitybased groups “just because I know they will be so much fun.” High-minded yet good-humored, Shama has led a few organizations that sound downright delicious. Consider her roles in Around the World in 80 Dishes (an international culinary appreciation group) and Bon Appetit (a local culinary appreciation group). Both of those scrumptious-sounding societies are part of the University Farm Circle in Davis, an organization that welcomes newcomers to that area, assists students through scholarships, and provides programs and activities to its members. Born in California to parents who emigrated from India in their twenties, Shama attended public schools in the Golden State from kindergarten through law school. “I lived in neighborhoods with people from a variety of backgrounds,” she elaborated, “and I was inspired by the diversity of our state and the coming together of our shared values.” Shama also was inspired by a number of outstanding mentors who helped solidify her strong values and pointed to paths where she could make sound progress toward achieving her lofty goals. She counts among them her parents, Hakim and Rashida Mesiwala, her aunt and uncle, Rafiqua and Moiz Khambaty, her husband, Walter Fulde, her boss, Associate Justice Ron Robie, the former and now retired Third Appellate District Court Presiding Justice Art Scotland, and Central California Appellate Supervising Attorney Linnea Johnson. “Each of these individuals has displayed an exemplary record of work ethic, public service, decency and kindness which has served as an inspiration to me and many others,” Shama recalled fondly. Renowned for hosting fabulous fundraisers and events at her home, Shama’s superb social and culinary skills, her appreciation for diversity, and her zeal for bridge-building reportedly coalesce into a magical time for her guests. Such parties confirm that Shama can make community service an activity that is both rewarding and fun – not only for her and those who attend her galas, but for the diverse individuals and groups who work with her and the myriad of people who are the beneficiaries of her efforts. With such accomplishments behind her, and many more similar ones surely to come, Shama has become an overachieving yet most gracious hostess of Sacramento’s Lawyer Lore. Brendan J. Begley is a former chair of the SCBA Appellate Law Section and head of the Appeal and Writs Group at Weintraub Tobin Chediack Coleman Grodin Law Corporation. He is also a California State Bar certified appellate law specialist. July /August 2013 Sacramento Lawyer

Feature Topic

Intellectual Property Section Gets a Reboot

he Intellectual Property Section is back, after a few years hiatus, thanks to the efforts of a dedicated new Board. In recent years, intellectual property attorneys in Sacramento have relied on groups in the Bay Area or the State Bar as a focal point for the community. The section plans to provide a local alternative through educational and networking events, and to promote interest in intellectual property by forging stronger bonds with student organizations at local law schools. The first scheduled meeting will be held November 13th, in conjunction with the Business Law Section. The section also plans to host brown bag lunches with a presentation on

changes in the law every other month, and a more in-depth Year in Review in early 2014. At the first governance meeting of the section a new board was elected, composed of the following members. (See photos.) The board welcomes back old members and invites anyone with an interest in intellectual property to join. To receive further information please contact Carissa Bouwer at Carissa.Bouwer@dlapiper.com. Colin Sullivan is the founder of CrowdCounsel, a law firm that serves the crowdfunding community.

Vice President Landon Bailey Mennemeier, Glassman & Stroud

President Scott Pink DLA Piper

Treasurer Jennifer Scott Kronick Moskovitz Tiedemann & Girard

Sacramento Lawyer July /August 2013

By Colin Sullivan

Secretary Carissa Bouwer DLA Piper

Board Member at Large Colin Sullivan CrowdCounsel

Courthouse Steps

hief Justice Tani G. Cantil-Sakauye announced the appointment Sacramento Superior Court Presiding Judge Laurie M. Earl to chair the newly created Trial Court Budget Advisory Committee, which consists of 15 presiding judges and 15 court executives. The committee will begin work on July 1. Its overall responsibility is to provide input on the trial court budget process and to propose recommendations to the Judicial Council on trial court funding consistent with council goals. Judge Earl currently serves as chair of the Trial Court Presiding Judges Advisory Committee and this last year led a budget subcommittee that helped create a new equitable funding methodology for the trial courts.

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15 29

Community Service

A Wish List for the Voluntary Legal Services Program Vickie Jacobs, VLSP Managing Attorney

VLSP, we are often asked by prospective volunteers and donors what our areas of greatest need are -- besides funding, of course. Back in 2003, when we last issued such a list, we were looking for a few fancy things like a computer mouse with “scrolling capability” and a “self-correcting” electric typewriter. Although I am the least technologically savvy member of VLSP, I realize that times have changed. Asking a nonprofit what it needs -- especially in these tight economic times -- runs the risk of opening up a whole Pandora’s Box of possibilities. Still, there are many ways concerned members of the legal community can contribute to our pro bono program that shouldn’t take up too much valuable time or require too much money. The following list summarizes some of the needs our program has at this time:

1. Volunteers: We are always in need of volunteer attorneys, especially those with some experience in those areas of law most in demand by our low-income clients. Volunteers are needed for our clinics or to take on a case for direct representation, and especially to act as mentors to the many newly minted attorneys who seek to volunteer with our organization every year. The areas of law where we have the greatest need for experienced volunteers are: estate planning, conservator or guardianships of the person, and family law. 2. Phonathon Callers: Every fall for the past 22 years or so, VLSP has held a fundraising phonathon to raise vitally needed funds for the program. The phonathon raises well over $20,000 annually for VLSP. We are always in need of folks to call other attorneys to solicit funds at our phonathon. People are naturally reticent to do this, but once they participate they enjoy it. If you have a few hours free on October 2nd this year, you could really be of help to our program. 3. Office Items: There are, of course, more tangible items that our program needs to support our ongoing operations. They are: • White copy paper

Photo by Pamona Purdy

illustration by Milenko Vlajsavljevic

• Individually sized bottled water and snacks (healthy or not) to feed our evening clinic volunteers.

• Gift cards to an office supply store, so that we can purchase printer ink, pens, yellow pads, and the like.

I look forward to an opportunity to work with your company and take it to the next level with a fresh and effective design!

milenko vlajsavljevic graphic artist 916.396.8216 m@milenkodesign.com milenkodesign.com

Sacramento Lawyer July /August 2013

If you would like further information about VLSP, our “wish list” or how you can make a contribution, please contact Managing Attorney Vicki Jacobs at vjacobs@vlsp.org. We appreciate the ongoing support of so many members of our Sacramento-area legal community in delivering essential legal services to the low-income members of our community.

& Affiliate News

rty is memard of cong year CBA. n the qualState. qualebrate U.S. ntally enate zona’s first

s 41st Asiano the ition,

Hansen won a hotly contested District 4 race to become the first openly gay member of the Sacramento City Council. Despite the roller coaster that was the District 4 election, Hansen was able to attend the annual meeting just a few short days after being sworn in. Looking to the year ahead, the U.S. Supreme Court will issue its ruling on the constitutionality of California’s Proposition 8, as well as the federal Defense of Marriage Act (DOMA). In February, SacLEGAL held a continuing legal education event featuring Professors Larry Levine and Courtney Joslin discussing the upcoming Supreme Court cases. This event provided an opportunity for the community to come together in this exciting yet trepidatious time. SacLEGAL looks forward to continuing to serve both the legal community and the broader Sacramento community in the years ahead. Mallory Lass is an associate attorney with the Goff, ConwaySpatola Law Group, where she focuses on estate planning, probate, and tax issues, especially those affecting LGBT persons. She currently serves as co-chair of SacLEGAL and treasurer of the SCBA’s Probate and Estate Planning Section.

MARCH/APRIL 2013 SACRAMENTO LAWYER

July /August 2013 Sacramento Lawyer

Sacramento Lawyer July /August 2013

tions with the local civil bench and

row from left: Stacy Don, Judge Kim Mueller, Judge Judy Hersher, and Steve Boutin.

SACRAMENTO LAWYER MARCH/APRIL 2013

Classifieds OFFICE AVAILABLE: Suitable for sole practitioner with focus on civil litigation, trusts, wills, taxation, real estate or business. The office is near Cal Expo, close to all courts, includes copier, janitorial services, alarm and wited phone system. It includes ample free parking and easy access for elderly and disabled clients. Rent is $625 per month. Three other attorneys are currently in the suite, each with more than 30 years experience in estate planning, elder law, civil litigation and taxation. Telephone (916) 927-9001 kttyhughes@aol.com or (916) 927-7773 akbardel@aol.com. Internship: Student internship opportunity at the Sacramento County Bar Association, contact Mary J. Burroughs, email: mburroughs@sacbar.org or call (916) 564-3780 SCBA Conference Room rental for members: Conference room table seats 16, $20 half day & $40 full day. Contact Sacramento County Bar Association, email: reception@sacbar.org or call (916) 564-3780 July /August 2013 sAcrAmento lAwyer

Calendar Second Wednesdays SCBA Barristers serve at St. John’s Shelter for Women. Contact Daniel at dkim@ mathenysears.com June 24-28

ADR Section’s Annual Summer Workshop in Conflict Resolution. Contact Daniel Yamshon at DYamshon@ADRServicesInternational.com

June 26

St. Thomas More Society Feast Day event. Contact stms.sacramento@yahoo.com

July 1

Submission deadline for September/October issue of Sacramento Lawyer

July 11

MCLE Committee meeting, noon, SCBA Office.

July 17

The Bankruptcy and Commercial Law Section monthly lunch-hour speaker and MCLE series at the Firehouse restaurant, featuring a retrospective of 25 years on the bench by Chief Bankruptcy Judge Christopher M. Klein. Contact the SCBA Office for more information

July 26

Summer Associates / 21st Annual SCBA Diversity Hiring and Retention Program Reception, 5:307:30pm, Park Ultra Lounge

Bell & Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 29

August 1

MCLE Committee meeting, noon, SCBA Office

Berding Weil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34

September 2

Submission deadline for November/December issue of Sacramento Lawyer

September 5

MCLE Committee meeting, noon, SCBA Office

September 11

St. Thomas More Society Mass & Breakfast with Fr. Tom Piquado, S.J. and speaker Paul Starkey discussing St. Vincent de Paul organization. Contact stms.sacramento@yahoo.com

September 12

Bench-Bar Reception. See back cover

September 19

WLS 20th Annual Artfest at the California Museum. Contact: Kim Garner at kkakavas@ gmail.com or Elizabeth Dietzen Olsen at elizabethdietzen@yahoo.com

September 26

Joint Afternoon Seminar of Administrative Law Section and Labor & Employment Law Section at Blue Prynt. Contact cazevedo@sacbar.org

October 2

VLSP Phoneathon. See article, page 30

Index of Advertisers ABAS Golf Invitational. . . . . . . . . . . . . . . . . . . . . . Page 31 American Society of Appraisers . . . . . . . . . . . . . . . Page 15 Apple Mountain Golf. . . . . . . . . . . . . . . . . . . . . . . Page 32

Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . . . Page 31 Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 Family Law Center . . . . . . . . . . . . . . . . . . . . . . . . Page 31 House Kitchen & Bar . . . . . . . . . . . . . . . . . . . . . . . Page 6 Joe Genshlea Law and Mediation. . . . . . . . . . . . . . . Page 3 JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 Jay-Allen Eisen Law. . . . . . . . . . . . . . . . . . . . . . . . . Page 7 Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20 Milenko Design . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30 Nielsen & Geenty . . . . . . . . . . . . . . . . . . . . . . . . . Page 34 Northern CA Collection Service . . . . . . . . . . . . . . Page 13 Phillips Building Consultants . . . . . . . . . . . . . . . . Page 23 Ramirez Arbitration & Mediation Services . . . . . . Page 24 Ruland’s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 29 SCBA Bench-Bar Reception . . . . . . . . . . . . . . . Back Cover SCBA Golf Tournament -Sponsors. . . . . . . . . . . . . Page 35 Sacramento Law Library . . . . . . . . . . . . . . . . . . . . Page 14 Sacramento Lawyer Magazine . . . . . . . . . . . . . . . . Page 29 Thomson Reuters . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 Ueltzen & Company . . . . . . . . . . . . . . . . . . . . . . . Page 33 Women Lawyers of Sacramento . . . . . . . . . . . . . . Page 17 Wilner & O’Reilly Immigration Lawyers . . . . . . . . Page 12

sAcrAmento lAwyer July /August 2013