January/February 2016
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
2016 SCBA President
www.sacbar.org
Photo by Mark Long-Eleakis & Elder Photography
Heather Cline Hoganson Earn MCLE Credit Sacramento County Bar Association Annual Meeting
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EDITOR’S MESSAGE
LEGACY by Betsy S. Kimball
T
he new year is upon us. Congratulations and welcome to Heather Cline Hoganson, the 2016 SCBA President. I hope you enjoy the special WLS article (p. 22) in this issue. Some great women have participated in WLS over the decades. It appears that the second annual court/clergy conference (p. 24) was as thought-provoking as the first. The tension between church (mosque, temple) and state—how we accommodate our pluralism—is especially timely now. And, of course, this issue has tons of photos of you all from the many Fall/ Winter events of the SCBA, its sections and affiliates. Upcoming. I have a binder full of Judge Loren McMaster’s articles on law and motion. It is time to update them—and Judge David Brown has agreed to do just that. We hope to start in the next issue. January. I am headed back to Kenya—with BEADS for Education—to do a tiny spec of good in an increasingly good-challenged world. Long distance; small world. I’ll explain. I was chatting recently with Gary Perry (we frequent the same neighborhood Chinese restaurant). He mentioned that the late Karen Pederson Stevens was the stepmother of Chris
EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org
Betsy S. Kimball Editor-in-Chief
Stevens, the slain U.S. Ambassador to Libya. I had just been looking through the historic photos submitted with the WLS article, including Karen’s photo (with the powerhouse trio of the late Rose Bird, Carol Miller, and Frances Newell Carr). I met Karen only once that I recall, at the California Bar’s annual meeting in maybe 2002. I was thinking of making my first trip to sub-Saharan Africa. An East African travel outfitter, co-owned by a former lawyer, had a booth in the exhibitors’ hall. I stopped by. Karen was there, chatting with the co-owner. I joined their conversation. Karen told me about her three Africa trips arranged by this outfitter. I was sold. It was this same outfitter who introduced me to BEADS for Education on my first trip to Kenya. So, in a very small way, my work in Kenya is a part of Karen Stevens’ legacy. Let’s do some good work(s) in 2016—build some legacy.
The Sacramento County Bar Association notes with regret the death of Tami Buscho.
1955-2015 4
SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako, Shoeb Mohammed, Narek Avetisyan MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Heather Cline Hoganson - President Sabrina Thomas - 1st Vice President Sil Reggiardo - 2nd Vice President Jason Jasmine - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org
Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 2016 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.
CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
JANUARY / FEBRUARY 2016 VOLUME 117, NUMBER 1
COVER STORY 18 Heather Cline Hoganson 2016 SCBA President FEATURE STORY 22 Women Lawyers of Sacramento Continues Rich History EVENTS 10 Steve Boutin, Mark Eggleston, and Jack Vetter Honored at SCBA’s Annual Meeting 14 Wiley W. Manuel Bar Association Hosts Legal Fusion 16 SacLEGAL Celebrates 20 Years and Third Annual Founders’ Award 24 Court/Clergy Conference Addresses Intersection of Religious Liberty and Civil Rights
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26 “Pops” Receives the SCBA’s Pro Bono Award 32 Unity Bar Holds Its 28th Annual Dinner NEWS FROM THE BENCH 20 Attention Litigators – Law and Motion Changes for 2016 SECTIONS NEWS 17 Mediation: The Insights of Three Mediators ETHICS
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30 The Ethical Lawyer, Rule 3-310(C)—How to Comply 31 MCLE Ethics Test No. 3 VLSP 12 VLSP Is Grateful for the Support of Our Employment Law Clinic SCBA ANNOUNCEMENTS 8
California Lawyers for the Arts Becomes the SCBA’s Newest Affiliate
DEPARTMENTS
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4 Editor’s Message 6
President’s Message
8
Executive Director’s Message
Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.
COVER
2016 SCBA President
Heather Cline Hoganson
www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
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PRESIDENT’S MESSAGE Heather Cline Hoganson
Embracing Opportunity by Heather Cline Hoganson
2016
is around the corner as I write this, and it looks to be an amazing year with plenty of new opportunities. I am going to think of it as the “Year of the Member.” We will be moving into
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the new offices at 425 University Avenue near the end of January, which will have enough room to host meetings and mixers—giving our members a better bang for their buck! Also for member benefits, we estimate that if
SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
President, Sacramento County Bar Association
a member takes advantage of all the discounts from our partner vendors, that member could save over $5000 per year. Pretty impressive, I say. If you have not renewed yet, take a moment to go online or use the membership application in this magazine, and pick out a new-to-you section that piques your interest. Do not miss two new sections for 2016: the Construction Law Section and the Criminal Law Section. If you are a solo or small practice lawyer, SCBA has an entire new division for you—and it is free to join with your SCBA membership. We could not be where we stand now without a lot of help: Many thanks to last year’s president, Angela Lai, and the entire Board of Directors for paving the way. And lots of appreciation goes to Executive Director Mary Burroughs and the entire staff of the SCBA office, who have orchestrated the move to our new and better home. And thank YOU, the member, for being part of this great organization. You make this the vibrant community that SCBA is. In fact, the move to University Avenue was based on member feedback from a survey taken this fall. We heard you. 2016 presents a lot of opportunities to get involved: to learn, to advertise or sponsor, to play, to network, to mentor….to participate. Try something new and embrace the opportunity.
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2016 SCBA DUES Contact SCBA For more information on how to become a member or to rejoin Sacramento County Bar Association visit www.sacbar.org. Email: scba@sacbar.org Phone: 916.564.3780 Fax: 916.564.3787
www.sacbar.org/benefits.html
$25.00 Student Membership $40.00 1st year of admission to the State Bar of California - Government $45.00 1st year of admission to the State Bar of California - Private $95.00 2nd to 5th year - Government $110.00 2nd to 5th year - Private $130.00 6th to 9th year - Government $180.00 6th to 9th year - Private $145.00 10+ years - Government $195.00 10+ years - Private $0.00 Honorary Membership [Judge/Justice] $120.00 Associate [Non-lawyer] $80.00 Retired Status
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EXECUTIVE DIRECTOR’S MESSAGE
Teamwork, Collaboration, and Smart Goals by Mary Burroughs, SCBA Executive Director
W
ith teamwork and collaboration, wonderful things can be achieved. This is what has been happening with the Sacramento County Bar Association (SCBA) over the past
SCBA Executive Director Mary Burroughs with Jason Jasmine, SCBA 2016 Secretary/ Treasurer
three years that I have served as the Executive Director—teamwork with the SCBA staff, Board of Directors, and membership, and collaboration with the SCBA programs, sections, committees, divisions, and affiliates. The SCBA is moving forward at an amazing pace. We have been setting smart goals that have been vital to the SCBA’s growth and achieving these goals one by one. It is the bridge between desiring an outcome and then seeing the idea become a reality. Another goal realized—the SCBA is moving into new offices in January 2016. With this move comes the ability for the SCBA to have our own “Meeting Center” where our programs, sections, committees, divisions, and affiliates can hold their luncheons,
mixers, and happy hour minglings. We will even be able to host daylong MCLE educational training seminars, plus a variety of other events. We are inviting SCBA members and invited guests to stop in for our “Open House” on Friday, January 29, 2016, from 4:30pm to 7:30pm. Come join us for a tour of our new “Home for the Bar” and enjoy appetizers and drinks.
SCBA ANNOUNCEMENTS
California Lawyers for the Arts Becomes the SCBA’s Newest Affiliate The SCBA welcomes California Lawyers for the Arts (CLA) as its newest affiliate, effective January 1, 2016. CLA is a statewide non-profit organization whose mission is to empower the creative community by providing education, representation, and dispute resolution. CLA will have a non-voting seat on the SCBA Board of Directors.
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SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
OPEN HOUSE PARTY January 29, 2016
4:30 to 7:30pm 425 University Ave, Suite 120 Sacramento, CA 95825 Please RSVP to: Sacramento County Bar Association, OPEN HOUSE, 1329 Howe Avenue #100, Sacramento, CA 95825 or register online at www. sacbar.org-Event Calendar. If you have any questions please contact Martha Fenchen at mfenchen@sacbar. org or 916-564-3780. For SCBA members and invited guests.
SACRAMENTO COUNTY BAR ASSOCIATION
2015 ANNUAL MEETING Honoring Distinguished Attorney of the Year
Steve Boutin
KEYNOTE SPEAKER:
District Attorney
Anne Marie Schubert
THANK YOU TO OUR SPONSORS PLATINUM SPONSOR
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EVENTS
Betsy S. Kimball
Steve Boutin, Mark Eggleston, and Jack Vetter Honored at the SCBA’s Annual Meeting
Angela Lai and Steve Boutin
December 7th, the Sacramento County Bar Association (SCBA) held its annual meeting at the Sheraton Grand Hotel. VLSP managing attorney Vicki Jacobs presented the
2015 June Black Pro Bono Award to Mark As always, the SCBA wishes to Eggleston, whose great service to VLSP thank all of the sponsors, distinand its clients is detailed in Jacobs’ arti- guished guests, and colleagues for cle at page 12 post. Sacramento County making this year’s annual meeting anDistrict Attorney Anne Marie Schubert other great success. gave the keynote address and presented the SCBA Distinguished Attorney of the Year Award to Steve Boutin. Outgoing SCBA President Angela Lai presented the 2015 President’s Award to Jack Vetter, citing his service to the SCBA. The program concluded with brief remarks by 2016 SCBA President Heather Cline Hoganson about her vision for SCBA’s progress A surprised Jack Vetter rises to receive the President’s Award, while Ellen Arabian-Lee applauds in this new year.
Bar and bench
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Editor, Sacramento Lawyer
SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
District Attorney Anne Marie Schubert gives the keynote address
Gabrielle Boutin talks about her father, while Chris Gibson, Steve Boutin, & Anne Marie Schubert look on
SCBA 2015 Distinguished Attorney of the Year Steve Boutin with SCBA Executive Director Mary Burroughs
2015 SCBA President Angela Lai receives the SCBA’s gratitude for her service from SCBA 2016 President Heather Cline Hoganson
Judges Morrison England, David DeAlba, & John Mendez
The SCBA 2016 Board of Directors with District Attorney Schubert and Executive Director Burroughs
Boutin Jones attorneys Tod Fogarty & Mike Chase, with COO Ken Sockolov (center), and Robert Wood & Jim Leet
Jonathan Hayes, Judge David DeAlba, Jason Jasmine, & Mark Velasquez
SCBA 2016 President Heather Cline Hoganson with Presiding Judges Robert Hight and Kevin Culhane
www.sacbar.org www.sacbar.org || January/February January/February 2016 2016 || SACRAMENTO SACRAMENTO LAWYER
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VLSP
Vicki Jacobs is the Managing Attorney of the Voluntary Legal Services Program. She may be contacted at vjacobs@vlsp.org.
VLSP Is Grateful for the Support of Our Employment Law Clinic by Vicki Jacobs n California State Bar Trial Lawyer Hall of Fame, 2001
n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:
n California State Bar Trial Lawyer Hall of Fame, 2001 n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently: u Lawyer of the year, Real Estate Litigation,
Lawyer of the year,vagaries Real Estate Litigation, Who uknows the of litigation Sacramento, 2014 tion Sacramento, 2014 he Voluntary Legal Services Proservices to the poor, freeofof When asked why she volunteers thecharge, Year, Commercial Litigation, u Lawyer than a trial lawyer? Lawyer(VLSP) ofbetter the Year, Commercial Litigation, ugram Sacramento 2010 is grateful for three without expectation of compensation at VLSP’s Employment Law Clinic, yer? Sacramento 2010 u Bet the Company Litigation, 2012, 2013, 2014
T
wonderful ways in which the work of from the client.” This year, of the nine Fifi responded: “As a long time emu Bet the Company Litigation, 2012, 2013, 2014 u Commercial Litigation, 2012, 2013, 2014 our uvolunteers in providing pro bono awards given for the entire state, we ployment lawyer I have been happy Commercial Litigation, 2012, 2013, 2014 u Litigation-Banking and Finance, 2012, 2013, 2014 legalu Litigation-Banking services to the indigent of Sacraare pleased that one of VLSP’s own, to use my training and experience to and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014 mento has been acknowledged recently. Ophelia H. Zeff (known as Fifi) rehelp clients who are unable to afford Estate, 2012, 2013, 2014 u Litigation-Real ceived the award for the Limited Acto pay for legal representation. It is an tive Practice category. important part of our justice system Although she has been retired to allow access to our courts and adfrom active practice since 2010, Fifi ministrative agencies in civil matters has continued to provide significant to low income people. It is gratifying pro bono services at VLSP’s Employto help people who otherwise would ment Law Clinic, where low income be unable to access the system.” clients are advised and assisted with VLSP is grateful for Fifi’s unwavJoe@GenshleaLaw.com such matters as appeals of unemering support and contribution to the m O/ (916) 525-8444 ployment C/ (916) 825-9952 F/ wage (916) 525-8446 insurance denials, Employment Law Clinic and congratC/ (916) 825-9952 F/ (916) 525-8446 and hour disputes, discrimination ulates her on her well-deserved award. and wrongful termination matters. For our second source of grati400 Capitol Mall / Suite 1750 / Sacramento, CA 95814 www.genshlealaw.com Ophelia Zeff receiving her Pro Bono Award to, CA 95814 www.genshlealaw.com She has been volunteering at VLSP tude, the Staff and Attorney Advisowith Chief Justice Tani Cantil Sakauye and TomparticipaWagner - SCBA 2015 of VLSP thank Galen for 15 years. Her ongoing ry Committee 2015 State Bar President Craig Holden [Photo courtesy of State Bar of California]Public Law Library Sacramento County tion in the Employment Law Clinic T. Shimoda of the Shimoda Law CorSCBA 2015at the State Bar ConEach year is a major reason VLSP has been able poration, for his recommendation vention, the President of the State Bar to provide consistent, valuable adthat VLSP receive a significant cy Half Page Ad: of California presents the Pro Bono vice and representation to so many pres award from the resolution of an Joe Genshlea Law and Mediation Service Awards to “California attorlow income residents of the Sacraemployment law class action where September/October 2013 issue neys…who have provided or enabled mento region with employment-rehe was plaintiffs’ counsel. Particularly during the last eight years or so, the direct provision of legal services to lated problems. During 2014 alone, MAGAZINE when funding for legal services has poor persons or organizations whose she contributed more than 75 hours MAGAZINE 1/8 page Ad 163px -163px Adthrough the pedropped, it is only primary purpose 1/8 is topage provide of pro bono time. Adlegal
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VLSP riodic infusion of cy pres funds like this that VLSP has been able to continue to provide the same legal services to the indigent that we have for many years.
Vicki Jacobs presents the 2015 June Black Pro Bono Award to Mark Eggleston
VLSP’s third source of gratitude is to Mark J. Eggleston, the recipient of VLSP’s 2015 June Black Pro Bono Award, which was formally presented at the SCBA’s Annual Meeting. Mark has been an active member of VLSP’s Advisory Committee since 1988 and is the current Chair. He is
very unassuming, but brings considerable knowledge, perspective, and humor to our Advisory Committee meetings. VLSP’s Advisory Committee consists of Sacramento area attorneys with a commitment to advancing the interests of pro bono service on behalf of the low income population of the Sacramento region. Second only to Yoshinori “Toso” Himel, Mark has served the longest on the VLSP’s Advisory Committee and knows the intricacies of VLSP’s services and funding. He has been very active with VLSP’s periodic strategic planning process, as well as providing thoughtful guidance to VLSP staff on the best direction for VLSP to take in terms of client services. This has been an especially challenging task during the last decade given the vagaries of available government grant funding. To have a volunteer immerse himself into a nonprofit like VLSP to provide guidance and support for 27 years is a
valuable gift to our organization. When asked about Mark’s contributions to VLSP, Himel says: “Mark has been a true leader, stepping in when needed to chair VLSP, doing strategic planning, and rallying callers for the annual Phonathon fundraiser.” When asked why he has been committed to his volunteer work at VLSP for so many years, Mark says: “VLSP comprises attorneys helping the most vulnerable of our community, toiling in the context of compassion and conscience rather than cash; it doesn’t get more rewarding than that. VLSP embodies Jiminy Cricket’s adage, ‘Let your conscience be your guide.’” Everyone at VLSP is honored and grateful to Mark Eggleston for a lifetime of service helping us provide compassionate pro bono service to the indigent members of our community, and VLSP is pleased to award him VLSP’s 2015 June Black Pro Bono Service Award.
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EVENTS
Heather Thomas is First
Wiley W. Manuel Bar Association Hosts Legal Fusion by Heather Thomas
Vice President of the Wiley W. Manuel Bar Association and an attorney with Legislative Intent Service. She may be contacted at hemthoma@yahoo.com.
R
enee Carter, Wiley W. Manuel Bar Association’s 2015 Attorney of the Year, had a message for those attending Legal Fusion at the Firehouse Restaurant in October: “You never know what ripple effect your actions will have on others.” Service to others was the theme for Legal Fusion, an annual event that honors those who give back to the legal and larger community. Poet, educator, and advocate Franklin Withrow was Master of Ceremonies. WMBA President Carlton Davis welcomed attendees and made introductions. The Eta Gamma Omega Chapter of Alpha Kappa Alpha and Alpha Phi Alpha were named nonprofits of the year. Wanda Hill Rouzan was awarded the Nathaniel S. Colley, Sr. Lifetime Achievement Award. U.S. District Judge Troy Nunley was named Judge of the Year. WMBA also awarded scholarships to Lincoln Law School student Phillip Rob-
Awardees Renee Carter & Wanda Hill Rouzan
Sandra Talbott, Carmen-Nicole Cox, Vida Thomas, & Emerson Luke
inson and Pacific McGeorge School of Law student Jenice Pratt. Sacramento Superior Court Judge David DeAlba and District Attorney Anne Marie Schubert also gave remarks. WMBA Second Vice President Gary Lindsey, Shanae Buffington, and Carmen-Nicole Cox helped plan the event. Carlton Davis, Sean Danmole, Bryan Hawkins, Wanda Hill Rouzan, Maureen Onyeagbako, and June Powells-Mays served on the scholarship committee. WMBA thanks its event sponsors: Dreyer Babich Buccola Wood Campora, LLP; Keith J. Staten & Associates; Wilke Fleury, Hoffelt, Gould & Birney, LLP; Hanson Bridgett, LLP; John E. Virga; Critchlow & Diskint, LLP; Stoel Rives, LLP; Renne Sloan Holtzman Sakai, LLP; Somach Simmons & Dunn; Lester and Wanda Hill Rouzan; Mastagni Holstedt; Remy Moose Manley, LLP; Beeson Terhorst, LLP; Anne Fredd-Travis; and everyone who made the night happen.
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SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
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tigation,
, 2013, 2014 3, 2014 012, 2013, 2014 3, 2014
EVENTS
Steve Muni is a Deputy Attorney General with the Bureau of Medi-Cal Fraud and Elder Abuse. He can contacted at Steven.Muni@doj.ca.gov.
Gerry Latasa is an associate with SacLEGAL Celebrates Mastagni Holstedt, A.P.C. and can be contacted at glatasa@gmail.com. 20 Years and Third Annual Founders’ Award by Steve Muni and Gerry Latasa
446
w.com Gerry Latasa, Steve Muni, Judge Vaughn Walker (ret.), & Larry Levine
On
November 5, 2015, SacLEGAL (Sacramento Lawyers for the Equality of Gays and Lesbians) celebrated its 20th anniversary at its Third Annual Founders’ 1/4 Page Ad: Award Reception. The Founders’ Award was created in 2013 to Dan Meeks Consulting honor a member of the Sacramento legal community who has Jan/Feb issue for the LGBT community. MAGAZINE demonstrated support2016 and advocacy Giving the keynote address was noted U.S. District Court Judge (ret.) Vaughn Walker. Judge Walker, who served as
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Justices Arthur Scotland (ret.) & Ronald Robie with Judges Jennifer Rockwell & David DeAlba
a judge in the Northern District of California from 1990 to 2011, and as Chief Judge of that court from 2004 to 2011, heard many notable cases, including Hollingsworth v. Perry, popularly known as the Proposition 8 case. After a court trial, Judge Walker held Proposition 8, the California constitutional amendment banning same-sex marriage, to be unconstitutional under the federal constitution—a decision later affirmed by the Ninth Circuit Court of Appeals and allowed to stand by the U.S. Supreme Court. Judge Walker discussed his decision to hold a trial, and how the events that followed shaped the future of marriage equality. Receiving the Founders’ Award was one of SacLEGAL’s original founders, Pacific McGeorge Law School Professor Larry Levine, who was honored for his longtime commitment to seeking equal civil rights for the LGBT community and for mentoring an entire generation of LGBT law students and lawyers. In his acceptance remarks, Levine noted that, while he never would have believed so much progress for LGBT civil rights could have happened in his own lifetime, there was still a tremendous amount of work to be done, particularly in other parts of the country with regard to equal opportunities in employment and housing. Attending the event were many members of the Sacramento legal community, including Sacramento County District Attorney Anne Marie Schubert, Third District Court of Appeal Justices Ronald Robie and Arthur Scotland (ret.), Sacramento County Superior Court Judges David DeAlba, Emily Vasquez, Jennifer Rockwell, and Laurie Earl, Judge Dylan Sullivan from the El Dorado County Superior Court, and Magistrate Judge Allison Claire from the Eastern District of California. SacLEGAL is one of five LGBT minority bar associations statewide and one of the local minority bar associations affiliated with the Sacramento County Bar Association. Its mission is to promote equality for LGBT individuals in both the legal profession and greater Sacramento community.
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SECTION NEWS
Ken Malovos is the Chair of the ADR Section. He may be contacted at kmm@malovoslaw.com.
Mediation: The Insights of Three Mediators by Ken Malovos
he SCBA’s ADR Section presents lunch programs throughout the year and invites anyone to attend. The November 11th program focused on mediation. Panelists Judge Al Dover (ret.), Judge Brian Van Camp (ret.), and Pat Tweedy discussed several important topics. Dover spent 20 years on the Nevada County bench before retiring in 2007, and has since mediated over 300 cases. He handles high-conflict matters involving will and trust disputes, family law matters, homeowner association cases, real estate and other commercial litigation, including professional business dissolutions. He emphasized the need for the mediator to be curious in digging beyond a party’s demand to determine the real position of the party. He strongly recommends against making demands as they often disempower the party. He has seen that people involved in disputes are governed by their feelings, and it is the job of the mediator to help them manage their emotions so that they can connect with their best business judgment. Van Camp spent 16 years on the Sacramento County Superior Court, before retiring in 2012. He handles business, commercial and contract, complex civil litigation, shareholder/partnership, securities & broker-dealers, real estate, employment, franchise and trade secret cases. He served as the California Commissioner of Corporations from 1971-1974. Van Camp emphasized the need for the mediator to listen, listen, and listen before beginning an evaluation of a case. This includes the facts of the case, the party’s life history, and the impact of this case on the party. He also attempts to understand which lawyer or party needs the emotion “heft” or cover in order to make a significant move, so that he can step up and help out. Tweedy has been serving as a neutral for 20 years in a wide variety of areas, including professional liability, contractor liability, commercial and real estate litigation, civil rights, FEHA, First Amendment and sexual discrimination, insurance coverage and bad faith, employment, estates and wills, and elder abuse and neglect disputes. She discussed the need for each party to identify the best alternative to a negotiated agreement (sometimes known as the BATNA) when engaged in the mediation process. She discourages attorneys or parties from asking her to give an evaluation of a case at the very beginning of the mediation. Evaluations are best given by mediators after the mediator thoroughly understands the case and the various positions, usually much later in the process. She is keenly aware of the emotions in the room. All panelists said they accept confidential statements
from the parties in advance of the mediation, although they encourage attorneys to share as much information with the other side as soon as possible in the mediation. Information is power, and information leads to settlement. All panelists also favor attendance by all parties at the opening or general session, notwithstanding the desire by many attorneys today to go directly to a private caucus. This point was reminiscent of the late Joe Ramsey’s last talk to the ADR Section. He spoke eloquently about his belief in the value of the general session with all parties in attendance. All panelists use the “mediator’s proposal,” although rarely. They all encounter attorneys who want to proceed immediately to a mediator’s proposal. They cautioned that the mediator’s proposal only works at the end of a mediation session when the traditional methods of negotiation have not resulted in a settlement. The audience participated in a lively discussion with the mediators, leaving no question that this program will need to be repeated with more mediators in the near future.
www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
17
COVER STORY
David Graulich has served
Heather Cline Hoganson
as Member-at-Large on the SCBA Board of Directors and on the board of the Sacramento Legal Foundation. He can be contacted at david@wrongedatwork.com.
2016 SCBA PRESIDENT by David Graulich
Photo by Mark Long, Eleakis & Elder Photography
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fter years of covering the Sacramento legal community as a writer and editor, Heather Cline Hoganson is moving to the other side of the notebook. In January 2016, Hoganson begins a one-year term as president of the Sacramento County Bar Association (SCBA). She succeeds Angela Lai, who will continue on the SCBA Board of Directors as representative of the St. Thomas More Society of Sacramento. Hoganson brings to the president’s job a deep knowledge not only of the SCBA’s day-to-day business, but of the SCBA’s extensive network of affiliates and sections. Hoganson was the co-Editor, with Helene Friedman, of the SCBA’s magazine, Sacramento Lawyer, from 2006-2008, and served as the Editor-in-Chief from 2008-2010. With her reporter’s notebook and camera, Hoganson was a ubiquitous figure at SCBA mixers, annual meetings, CLE seminars, inaugurations, and retirement parties. Hoganson has worked closely with Mary Burroughs, the SCBA’s current Executive Director, since the mid-2000’s, when Burroughs was a photographer and graphics designer for Sacramento Lawyer. Hoganson is enthusiastic about the distinctive personality the Sacramento Bar and its blend of big city influence and small town closeness. “We’re not so big, like Los Angeles, that you can oppose someone in court
and then never talk with them again. We’re small enough that you can find out about someone directly, or within one or two phone calls. There’s an incentive here to be civil. If you make a habit of conducting yourself incorrectly in Sacramento, word will get out. Yet we’re not so small as to be isolated.” After moving to Sacramento with her family from Southern California at the age of 13, Hoganson’s educational path was pure River City: Mira Loma High School, American River College, U.C. Davis undergraduate, and Pacific McGeorge School of Law. At Davis she pursued a lifetime passion in Asian art and eastern philosophy, and spent one year of foreign study in Delhi, India. The decision to go to law school came during her senior year at Davis. “I saw the law as a way to attain equity, to fight for what is right,” she says. Hoganson
SACRAMENTO LAWYER | January/February 2015 2016 | www.sacbar.org
Heather Cline Hoganson is an ABC attorney.
COVER STORY
The future lawyer
did not have to look far for inspiration: her mother, Victoria S. Cline, is an attorney with a distinguished record in public service. Now retired and living in Carmichael, Cline served for many years as counsel for Kern County Legal Aid and then as an attorney with the Office of Administrative Law in Sacramento. While Cline was still practicing, she and Hoganson were one of the few mother-daughter lawyer pairs in Sacramento County history. After passing the bar exam in 1997, Hoganson has served in several administrative law positions for the State of California. She was Staff Counsel at the Office of Administrative Hearings before moving to the Califor-
Heather and her husband, Christopher, at Disneyland
nia Gambling Control Commission as Staff Counsel III (Specialist). Hoganson now works as an Attorney III in the Office of Trial Counsel at the Department of Alcoholic Beverage Control (ABC), where she is also ABC’s Tribal Liaison. Hoganson is former chair of the SCBA’s Administrative Law Section, and her analysis of the expungement process appeared in the May-June 2012 issue of Sacramento Lawyer (followed by her piece on “interesting facts” about the ABC, which appeared in the September-October 2015 issue). Hoganson credits Karl Engeman and Melissa Meith, both former directors of the Office of Administra-
Heather and her mother, Victoria Cline
tive Hearings for encouraging her to get involved in the SCBA and to take the occasional training outside of her comfort zone. “Heather has strong organizational and management skills,” says Paul M. Starkey, Special Board Counsel at the Agricultural Labor Relations Board. “As her friend and colleague, I’m delighted that she will continue to dedicate her energy and abilities for the betterment of the legal community.” “When Heather gets going on something, she is unstoppable,” says Steven L. Simas of Simas & Associates in Sacramento. “I often consult with her on areas of administrative law. Her experience and insight are invalu-
With Helene Friedman at the 2006 BenchBar Reception
able, and she has excellent perspective. Throughout her career in state service, she has embraced and conquered her new posts with enthusiasm.” Asked about her priorities in 2016, Hoganson says she is particularly excited about the SCBA’s office moving to more spacious and productive space on University Avenue. “I’d like us to host events and classes at the Bar headquarters and to be a destination for our members,” she says. She would also like to initiate a strategic plan, and to continue the SCBA’s expansion into social media and networking. “It’s all about connecting our members,” Hoganson says. “I’m also looking ahead to the year 2018, which will be the 100th birthday of the SCBA,” she says. “We have to start planning now for how we’re going to celebrate our centennial.” Hoganson’s friends are betting that the centennial celebration will inspire her to appear in Edwardian regalia straight from 1918 and La Belle Époque. On recent Halloweens, Hoganson has attended SCBA events in the guise of Heidi-Girl of the Alps, Cruella Deville, and Queen of Hearts from Alice in Wonderland. She and her husband, Christopher Hoganson, enjoy taking cruises and making pilgrimages to Disney resorts.
www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
19
NEWS FROM THE BENCH
Judge David I. Brown sits in Department 53 of the Sacramento County Superior Court.
Attention Litigators Law and Motion Changes for 2016 by Judge David I. Brown Nothing herein is to be construed as a local rule of court, an unwritten rule of court, or court policy. What follows is the view of one judge who reserves the right to change his mind.
A
ttention litigators. There are important changes to demurrer procedure and motion for summary judgment law that go into effect on January 1, 2016. Demurrers. Section 430.41 has been added to the Code of Civil Procedure and includes the following significant provisions: Parties are required to meet and confer in person or by telephone prior to filing a demurrer; the meet and confer must occur at least five days before the responsive pleading is due, but if unable to meet and confer, the defendant can obtain an automatic 30-day extension by filing a declaration with the court explaining why the parties were unable to meet and confer; during the meet and confer, the defendant must identify the causes of action subject to the demurrer and identify the legal support for the demurrer; the plaintiff must then provide the
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SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
legal support showing the current pleading is sufficient or show how the pleading can be amended to cure any insufficiency; the defendant must submit a declaration with the demurrer describing the means by which the parties met and conferred or that plaintiff failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith. The Court cannot overrule or sustain a demurrer based upon an insufficient meet and confer, but can defer its ruling pending a new meet and confer; if the Court sustains the demurrer with leave to amend, a party cannot then demurrer to the amended pleading on grounds that could have been raised by demurrer to the earlier version of the pleading; and in response to a demurrer and prior to the case being at issue, a party can only amend a pleading three times unless it can show the Court there is a reasonable possibility that the amendment will cure any defect. Code of Civil Procedure section 472 has also been amended to provide that a party may file an amended pleading in response to a demurrer once, without leave of court, if filed on or before the date for filing any opposition to the demurrer. A party may file an amended pleading after the date for filing any opposition to the demurrer upon stipulation of the parties. MSJs. Reid v. Google, Inc. (2010) 50 Cal.4th 512, has been partially codified by the addition of subdivision (q) to section 437c. “(q) In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.” Subdivision (q) does not address all of the Reid holding, leaving open the issue of whether a court’s statement that it declines to render formal rulings is presumed to be an implied overruling of the objections. There are also amendments to Cal. Rules of Court 3.1350 (motion for summary judgment or summary adjudication), subdivisions (d)(2) and (f)(3). Consistent with Reid, these provisions are intended to eliminate from separate statements facts that are not material, and, thereby reduce the number of unnecessary objections to evidence.
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Just pick up your phone and dial 916-483-2222 www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
21
FEATURE STORY
Kim Garner is WLS
Women Lawyers
of Sacramento Continues Rich History
Development Co-Chair and of counsel at Duggan Law Corporation. She may be contacted at kim@duggan-law.com.
by Kim Garner
“Women Lawyers Organize,” Sacramento Union (Nov. 30, 1962) [Article courtesy of Joan Stone]
Karen Pedersen Stevens, Chief Justice Rose Bird, Superior Court Judge Carol Miller, & Third District Court of Appeal Justice Frances Newell Carr, circa 1978 [Photo courtesy of Joan Stone]
W
omen Lawyers of Sacramento (“WLS”) has always tactic of arresting suspected prostitutes on charges of unfocused on promoting and supporting womlawful assembly. en, both in the law and the community. WLS was foundTo this day, WLS continues its support of women in ed in 1962 on the belief the law and community. The WLS that women deserve equal Foundation was formed to raise monrights, respect, and opporey to support the WLS mission. In tunities in the workplace 2015, the WLS Foundation awarded and society at large. WLS $14,500 in law school scholarships was one of the first associaand $8,000 in community grants to tions to gain affiliate status organizations devoted to women’s and with SCBA, representing children’s issues. Community grants a diverse aspect of Sacrawent to deserving organizations such mento’s legal community. as A Touch of Understanding, Center The members actively parfor Community Health and Well-Beticipated in SCBA and its ing, Inc., Lilliput Children’s Services, delegation to the State Bar Elk Grove Homeless Assistance ReConventions before WLS WLS Board Members Corrie Manning, Miranda Dalju, & source Team (HART), Sierra Forever went on to form its own Julia Reeves [Photo by Stefanie Dahlke Photography] Families, and The True North Project. delegation. WLS holds two events every year, In the community, WLS has long supported women’s the Supreme Court Reception and ArtFest, the fundraiser for causes. One of the first (and most colorful!) issues occurred the WLS Foundation. in the early 1970’s when eight WLS women attorneys and ArtFest. WLS’s 22nd Annual ArtFest was on September law students dressed up as prostitutes to protest the police 17, 2015 at The California Museum. Over 200 local attor-
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SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
Supreme Court Reception: (Back row) Judges Kevin Culhane, Robert Hight, & Justice Art Scotland (ret.); (Front row) Pacific McGeorge School of Law Professor MaryBeth Moylan, Justice Kathleen Butz, & Pacific McGeorge School of Law Professor Dorothy Landsberg [Photo by Eleakis & Elder]
ArtFest: Jennifer Madden, Teresa (Terri) Levenfeld, WLS Past President Patricia Sturdevant, & Deborah Maddux. [Photo by Stefanie Dahlke Photography]
neys, judges, and law students mingled and bid on various silent auction items and viewed artwork presented by local artists. Retired Justice Arthur Scotland served as the emcee. During the event, WLS President Rebecca Dietzen awarded the Jean McEvoy Scholarship to Michelle Evans, a law student at Pacific McGeorge School of Law. Thanks to the generous sponsors and supporters of the event, WLS raised over $19,000 to benefit the WLS Foundation. Supreme Court Reception. On November 3, 2015, WLS hosted the Supreme Court Reception in the Foyer of the Stanley Mosk Library and Courts Building. This year, WLS welcomed the Court’s newest members, Associate Justices Mariano-Florentino Cuéllar and Leondra R. Kruger. Frances Newell Carr Achievement Award. Each year at the Supreme Court Reception, WLS presents the Frances Newell Carr Achievement Award. This award was established by WLS in 1994 to honor the late Justice Frances Newell Carr (1923 - 1992), who was a founding member and the first president of WLS in 1962. Justice Carr was appointed by Governor Jerry Brown to the Sacramento County Superior Court and was the first woman judge appointed in the county. In 1978, she was elected the Presiding Judge of the Superior Court, and in 1980, she was appointed to the Third District Court of Appeal, where she served until her passing in 1992. In addition to her professional achievements, Justice Carr had vision and commitment to her community. The award is given to an outstanding lawyer, judge, or scholar in the Sacramento community in celebration of the awardee’s professional achievements, commitment to furthering legal opportunities for women, and contribution to the lives of women and children in our community. The 2015 Frances Newell Carr Achievement Award was given to Chief Justice Tani Cantil-Sakauye. Judge James Mize, a long supporter of WLS, made introductory remarks at the award presentation. He noted that he personally knew
Supreme Court Reception: 2015 WLS President Rebecca Dietzen & Chief Justice Tani Cantil-Sakauye [Photo by Eleakis & Elder]
both Frances Newell Carr and the Chief Justice and could not think of a more deserving recipient who epitomized the outstanding qualities of Justice Carr. Both women, said Judge Mize, were pioneers and trailblazers in the legal profession. WLS thanks the sponsors of the Supreme Court Reception who made this event possible: Boutin Jones, Delfino Madden O’Malley Coyle & Koewler, Jay-Allen Eisen Law Corporation, and King Williams & Gleason.
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www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
Advertiser: Ken Malovos
23
EVENTS
Douglas Potts is a
Court/Clergy Conference Addresses Intersection of Religious Liberty and Civil Rights by Douglas Potts
D
rawing national media attention, Elder Dallin H. Oaks of the Church of Jesus Christ of Latter-day Saints offered a path to end culture wars in his keynote speech at the 2015 Sacramento Court/Clergy Conference. Elder Oaks, a member of the Mormon Church’s governing Quorum of the Twelve Apostles, addressed the boundary between church and state, and outlined ways individuals and institutions may foster mutual respect and edification to reach compromises that protect both rights of religious exercise and individual civil liberties. “We may have cultural differences,” he said, “but we should not have ‘culture wars.’”
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The Sacramento Court/Clergy Conference is an annual event sponsored by the Sacramento County
Keynote speaker Elder Dallin H. Oaks addresses the Sacramento Court/Clergy Conference
SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
senior appellate attorney at the California Court of Appeal, Third Appellate District.
Superior Court and the California Judges Association. Its mission is to provide “a forum for mutual support, understanding, edification and collaboration between the judiciary and regional communities of faith.” This year’s conference, held at Congregation B’nai Israel on October 20, addressed issues clergy, judges, and public officials face when religious belief and legal duty conflict. Elder Oaks has interacted with the boundary between church and state from both sides. He clerked for Chief Justice Earl Warren of the United States Supreme Court, taught at the University of Chicago Law School,
Photos courtesy of Patrick Twomey
EVENTS
Imam Mohamed Abdul-Azeez recites a verse from the Quran as part of the invocation for the Sacramento Court/Clergy Conference at Congregation B’nai Israel, while Rabbi Mona Alfi, left, and Father Gerry Robinson, S.J., observe
and later served as a justice on the Utah Supreme Court. He also served as president of Brigham Young University, and has served in his current ecclesiastical position since 1984. Elder Oaks criticized the metaphor of a “wall of separation” between church and state. The metaphor’s connotations inhibit collaboration that could occur between believers and nonbelievers, religion and government, as all seek to live together in harmony and peace. He affirmed the need for a boundary between church and state, but he suggested a better metaphor to describe that relationship would be a “curtain.” A curtain defines boundaries but does not bar passage of light and mutual support from one side to another. To people on both sides of the boundary, Elder Oaks counseled to seek a balance, but not total victory on contentious issues. “[R]eligionists should not seek a veto over all nondiscrimination laws that offend their religion, and the proponents of nondiscrimination should not seek a veto over all assertions of religious freedom.” Believers, to the extent possible, should adhere to both systems of law that govern them, civil and divine. But, Elder Oaks said, they needed to understand that “in a nation with citizens of many different religious beliefs, the right of some to act upon their religious principles must be circumscribed by the government’s responsibility to protect the health and safety of all.”
Professor Alan E. Brownstein poses a question to Elder Dallin H. Oaks
Similarly, Elder Oaks asked nonbelievers to respect the constitutional rights of religious exercise, speech, and assembly that “provide unique protections for believers and religious institutions . . . and grant[] religion an honorable place in our public life.” The First Amendment framers’ choice of the words “free exercise of religion”
“We may have cultural differences, but we should not have ‘culture wars.’” over another proposed wording, “rights of conscience,” protected action in accordance with belief, encompassed the institutional aspects of religious belief, and meant “religiously based scruples are given more solicitude than nonreligiously based ones.” All, including public officials, need to acknowledge the validity of constitutional laws. In Elder Oaks’ opinion, public officials are not “free to use their official position to further their personal beliefs—religious or otherwise—to override the law . . . [or] apply personal convictions—religious or other—in place of the defined responsibilities of their public offices.” He cited two violations of these principles: a county clerk’s refusal on religious grounds to issue marriage licenses to same-sex couples, and the refusal of governors and attorneys general to enforce or defend laws they oppose on per-
sonal grounds, secular or religious. “Government operations can accommodate the conscience of individual officials,” he said, “but neither the government nor its citizens should tolerate veto of a law (either its text or its operation) by officials not formally authorized to do so.” In addition to Elder Oaks, the Court/ Clergy Conference featured presentations by Professors Robert Cochran, Jr., Michael Helfand, and Shelley Saxer of the Pepperdine University School of Law. These scholars provided legal and historical context for understanding conflicts between religion and law, and addressed how judges and clergy may respond in their professional lives when religious beliefs and legal rights seem to conflict. The conference also featured question and answer sessions led by Professor Alan E. Brownstein of the University of California, Davis, School of Law. As it did last year, the Court/Clergy Conference opened with invocations of blessing by leaders of three religious traditions: Judaism, Christianity, and Islam. Offering prayers together on the dais were Rabbi Mona Alfi of Congregation B’nai Israel; Father Gerry Robinson, S.J., chaplain at Cristo Rey High School Sacramento; and Imam Mohamed Abdul-Azeez, founder of the Tarbiya Institute Youth Initiative. A transcript and video of Elder Oaks’ speech, along with some media reaction, are linked at https://divinity. uchicago.edu/sightings/mormon-options-church-and-state.
www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
25
EVENTS
Vicki Jacobs is the
“Pops” Receives the SCBA’s Pro Bono Award
Managing Attorney of the Voluntary Legal Services Program. She may be contacted at vjacobs@vlsp.org.
by Vicki Jacobs
On
a chilly November evening, the SCBA held a “Party for a Cause and a Celebration of Pro Bono” to praise the community service of one of our own, Darrel H. Woo. Surrounded by friends, family, and colleagues, Woo received the SCBA’s second annual Pro Bono Award for his extensive community service as an attorney, community leader, and Founding Member of My Sister’s House. My Sister’s House is celebrating its 15th year serving Asian and Pacific Islander and other underserved women and children impacted by domestic violence, sexual assault, and human traf-
SCBA 2015 President Angela Lai & Darrel Woo, holding Valerie Lai
Presiding Judge Kevin Culhane & Justice Art Scotland (ret.) “tend” bar
ficking. It provides a culturally appropriate and responsive safe haven, job training, and community services for its clients. In supporting Woo’s nom-
ination for this award, the Executive Director of My Sister’s House, Nilda Valmores, said that Woo continues to provide his “brains, brawn, and leader-
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and Mediation SCBA 2016 President Heather er 2013 issue Hoganson & Judge Jennifer Rockwell
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Stacy Don & SCBA 2016 2nd Vice 1/2SilPage Ad: President Reggiardo
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ship skills” to My Sister’s House, where he has served as the Board President since 2009. Woo promoted the idea of My Sister’s House starting a legal program to help victims of domestic violence, a project that continues to this day. He helped My Sister’s House start a six-bed emergency safe haven, which it now owns. Additionally, My Sister’s House now operates a six-bed transitional house for women seeking back to to(916) 564-3787 establish their own financial indeck to Mary Burroughs pendence. It even operates “My Sisoughs@sacbar.org ter’s Café” at 455 Capitol Mall, where volunteers and program clients work together to not only provide delicious food, but a chance at work experience. In accepting his award, Woo made sure to promote My Sister’s Café as a great place for lunch. As attested by 2015 SCBA President Angela Lai, who presented the Pro Bono Award, Woo is involved in almost every event at My Sister’s House, and has been known to move furniture, paint the shelter, make a balloon arch in the middle of the rain, and do whatever is needed to ensure the success of every My Sister’s House event and mission—hence, his nickname, “Pops.” Lai cited Woo’s encouragement for her to initially become involved with the Sacramento legal community through volunteer work with the Asian Bar Association of Sacramento (ABAS), where Woo has served as a board member. Woo’s drive to succeed and serve the community stems from the values instilled in him by his parents. His
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14 Year, Commercial Litigation, 10 ny Litigation, 2012, 2013, 2014 ETHICS igation, 2012, 2013, 2014 king and Finance, 2012, 2013, 2014 Estate, 2012, 2013, 2014
Betsy S. Kimball is a certified specialist in legal malpractice law and the Editor of this publication.
The Ethical Lawyer, Rule 3-310(C)—How to Comply1
his publication’s first two 2015 ethConduct, 3-310(A)(1) & (2).) The written disclosure. The ics articles have stressed the need to written disclosure must address: the comply with Rules of Professional Conprospect of a future conflict, confidenduct 3-310(C) when representing more / (916) 525-8446 tiality, and how the original client file than one client in the same matter and will be handled. A form or “one-sizethe consequences of not doing so. In genshlealaw.com fits-all” disclosure will rarely suffice. this final article of the series, we address The disclosure must be in layperson how to comply with the rule. language—no jargon or “legalese.” The Rules of Professional Conduct define “[i]nformed written consent” • Explain the potential for future conflicts as each client’s “written agreement to and their consequences. The lawyer the representation following written (“you”) must explain that you cannot 1/3as Page disclosure;” and “[d]isclosure” “in-Ad: favor one client’s interest over the Jay-Allen Law sCorp ad if their interests diforming the client … of the relevant Eisenother’ (others’) Jan/Feb circumstances and of the actual and2016 issue MAGAZINE verge in the future. Identify potential reasonably foreseeable adverse conseconflicts and explain how you will quences to the client ….” (Rules Prof. handle them. Include the fact that,
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Best Lawyers in America Northern California Super Lawyers Past Chair, California State Bar Standing Committee on Appellate Courts Past President, California Academy of Appellate Courts Fellow, American Academy of Appellate Lawyers
Over 130 Reported Decisions, including:
Bock v. Calif. Capital Loans 216 Cal. App.4th 264 (2013) (Real estate loans) Collins v. Sutter Mem. Hosp. 190 Cal. App.4th 1 (2011) (Summary judgment, new trial) McAdams v. Monier, Inc., 182 Cal. App.4th 174 (2010) (Consumer Class Action) Katiuzhinsky v. Perry, 152 Cal.App.4th 1288 (2007) (Medical Damages) Hahn v. Mirda, 147 Cal.App.4th 740 (2007) (Medical Malpractice, Loss Of Consortium)
1000 G Street, Suite 210
Sacramento, California 95814
www.eisenlegal.com 30
if a future issue cannot be resolved, you may be forced to withdraw. • Explain the joint client exception to the attorney-client privilege. You must inform the clients about the joint client exception to the attorney-client privilege. (Evid. Code § 962.) The clients need to understand that you cannot keep one client’s information secret from the other(s), and if the information is material to your representation, you will likely have an obligation under rule 3-500 to disclose it to the other client(s). Anten v. Superior Court (2015) 233 Cal.App.4th will show you what a problem this can become.
AD PROOF
• The Original Client File. Your written disclosure needs to address the clients’ respective rights to your file. (See Rules of Prof. Conduct 3-700(D).)
Proof OK as is
T (916) 444-6171
by Betsy S. Kimball
SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
• Independent counsel. Advising clients that they may consult with independent counsel is not uniformly required by the Rules of Professional Conduct (although there may be particular circumstances in which it is required to allow the client to give truly informed written consent to the joint representation). Nevertheless, it is the best practice. Obtaining the clients’ consent. You must give the clients a reasonable opportunity to consider: (1) what has been disclosed, and (2) whether to give consent. “Here’s a pen; sign here” does not meet this standard.
1 Ed.’s note: This is a modified version of an article that was first published in Fall 2015 issue of CCTLA’s publication, The Litigator.
ETHICS
MCLE Ethics Test No. 3
The SCBA certifies that this activity has been approved for Minimum Legal Education credit by the State Bar of California in the amount of 1 hour. [This test covers Rules of Professional Conduct 1-100 and 3-310.] 1. A client whose attorney represented it in a dual representation without a conflict waiver will always get its fees refunded if the client formally challenges the dual representation.
True
False
2. Under Rule 3-310, jointly represented clients can give their oral consent to the joint representation as long as they received written disclosure of the relevant circumstances and the reasonably foreseeable adverse consequences of a joint representation.
True
False
9. The only risk to an attorney for violating a Rule of Professional Conduct is potential discipline by the Bar.
18. Rule 3-310(C) applies only to the representation of clients in litigation; it does not apply to transactional matters.
True
False
10. An attorney can never accept payment of fees from anyone other than his/her client.
True
False
11. The primary purpose of the rule prohibiting adverse representation is to protect the attorney from having to potentially choose between conflicting duties.
3. A technical violation of Rule 3-310, by itself, is usually not enough to warrant the disgorgement of fees. Courts look at whether the conflicted attorney withdrew, whether there was any evidence of fraud, and whether the client knew beforehand of the conflicted representation.
13. If the potential conflict of interest between jointly represented clients becomes an actual conflict during the course of the representation, the attorney must again obtain the clients’ informed written consent pursuant to Rule 3-310(C)(2).
True
False
4. Violation of Rule 3-310 by itself is likely to lead to disbarment.
True
False
False
False
12. Rule 3-310(C) is intended to apply to all types of legal employment.
5. An attorney may be disqualified if he or she violates Rule 3-310 of the Rules of Professional Conduct. True
True
True
True
False
False
14. There are some joint representations to which would-be clients cannot consent. True
False
False
19. Any writing that falls within the definition of Evidence Code section 250 is sufficient to satisfy Rule 3-310(C).
True
True
False
20. Rule 3-310 is not intended to prohibit an attorney from representing parties having antagonistic positions on the same legal issue in different cases unless the representation of either client would be adversely affected.
True
False
QUIZ INSTRUCTION: This quiz is valid one year from date of issue. Copy this page and check each answer. Send your competed answer page to the Sacramento County Bar Association: 1329 Howe Ave., Suite 100 Sacramento, CA 95825 WITH YOUR MCLE FEES SCBA MEMBERS: $25 NON SCBA MEMBERS: $40.
6. Violating a rule of professional conduct is proof of malpractice or a fiduciary breach.
15. New Rules of Professional Conduct go into effect on January 1, 2016.
Please allow 6 to 8 weeks for your certificate of completion to be mailed to you.
I submit these answers as my own:
True
False
7. An attorney’s disqualification is only triggered if there is an actual breach of confidence, and not merely the possibility that a confidence could be breached.
True
False
8. The Rules of Professional Conduct help define an attorney’s duties to his or client.
True
False
True
False
16. An attorney can permissibly accept his client’s verbal permission to accept payment of her fees by her father.
True
True
False
Bar Number: _________________________ Date: _______________________________
False
17. The only thing required before an attorney can enter into an aggregate settlement on behalf of jointly represented clients is their consent to do so.
Name: ______________________________
Address:_____________________________ City: ________________________________ State: _______________ Zip: ____________ Email: _______________________________ Phone: _________________________
www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
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EVENTS
Hollis L. Kulwin is the Senior Assistant Dean for Student Affairs at U.C. Davis School of Law. She may be contacted at hlkulwin@ ucdavis.edu.
Unity Bar Holds Its 28th Annual Dinner by Hollis L. Kulwin
Scholarship winners - Phillip Robinson, Abigail Mulvihill, Sylvia Tsai, Carmen Jimenez, Asya Sorokurs, Brenda Liang, Mira Patel, Mitchel Burman, & Olivia Filbrandt
T
he Unity Bar Association of Sacramento’s 28th Annual Dinner took place on October 29, 2015. The Leonard M. Friedman Bar Association (LMFBA) took the lead on this year’s event. The diverse attendees enjoyed an evening enlivened by the music of the Davis Klezmer Orchestra. Klezmer, a style of Jewish folk music, entertained Eastern European Jews for hundreds of years before dying out after World War II and reviving worldwide in the 1970’s. Justice Richard D. Fybel, of the Fourth District Court of Appeal, was the keynote speaker. Justice Fybel, an expert on the German legal system (1933-1945) and the Nuremberg trials, discussed how failures of the bar and judiciary facilitated the horrors of Nazi Germany and what today’s bench and bar can learn from that experience. The Unity Bar is comprised of the SCBA’s seven minority affiliates: ABAS, La Raza, LMFBA, SacLEGAL, SABA, WMBA, and WLS. The affiliates, supported by the Unity Scholarship Fund, awarded scholarships to 10 law stu-
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Unity Bar Board with Justice Fybel - front: Aparna Agnihotri, Hollis Kulwin, Hayley Dewey, Amilia Glikman; back: Cindy Liu, Justice Richard Fybel, Marc Koenigsberg, & Michael Terhorst
dents: LMFBA - Mitchel Burman (Pacific McGeorge) and Asya Sorokurs (U.C. Davis); WMBA - Phillip Robinson (Lincoln) and Jenice Pratt (Pacific McGeorge); ABAS - Brenda Liang (Pacific McGeorge) and Sylvia Tsai (U.C. Davis); SacLEGAL - Abigail Mulvihill (U.C. Davis); WLS - Olivia Filbrandt (U.C. Davis); LaRaza - Carmen Jimenez (Lincoln); and SABA Mira Patel (Pacific McGeorge). Community Service Awards were given to recognize work done for each of the affiliate’s communities: Elizabeth Igra (LMFBA); Eta Gamma Omega Chapter, Alpha Kappa Alpha Sorority (WMBA); Ad Hoc Committee-Japanese-American History NOT For Sale (ABAS); Dennis Mangers (SacLEGAL); Waking the Village (WLS); Cynthia Moreno (La Raza); and Amar Shergill (SABA). The 2014 Unity Dinner was a success, and significant funds were raised to replenish the Unity Scholarship fund. The Unity Dinner, again, proved that diversity is a wonderful and rich experience that enhances our legal community.
SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
Pro Bono - Continued from page 27 nity at large. Woo retired from his position as Senior Attorney for the California Department of Insurance in December 2014. The Party for a Cause and a Celebration of Pro Bono benefits the Sacramento Law Foundation (SLF). During the evening, the SLF held a silent auction. SLF has a long history of providing grants to organizations in the Sacramento region that improve the administration of justice, enhance public confidence in the legal profession, cultivate understanding of and respect for the rule of law, and support law-related public services. The SCBA Board and Pro Bono Committee thank the sponsors and supporters of this wonderful event. Special thanks go to our Guest Bartenders, Justice Arthur G. Scotland (ret.) and Sacramento Superior Court Presiding Judge Kevin Culhane for their support. Great thanks also go to the event sponsors: Justice Scotland, Lincoln Law School, Downey Brand, LLP, and Crowe Horwath.
www.sacbar.org | January/February 2016 | SACRAMENTO LAWYER
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SACRAMENTO LAWYER | January/February 2016 | www.sacbar.org
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Marty Anderson Vice President
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SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
1329 Howe Ave., #100 • Sacramento, CA 95825
SCBA Annual Meeting Honoring Distinguished Attorney of the Year YOURJustice NAMEArthur Scotland
HERE
Installing SCBA Officers & Directors
Opportunity for Naming Rights to “Sponsor” Rooms and Walls in the New Sacramento County Bar Association Office
Recognizing 100% Firms
DATE Monday December 15, 2014 TIME
We are moving into the new SCBA Home Mid-January 2016. MCLE Prior to Annual Meeting 11:30 Check in We want to give attorneys, law firms, and companies FREEtofor the opportunity beSCBA partMembers of our history as we12:00 Lunch $100 for Non-Members progress to our 100th Anniversary in 2018.
Pro Bono
1 Hour Ethics - Topic: “Attorney Fees,
To sponsor a room a wall contact Practically andor Ethically” Mary Burroughs for Bacon details. Speaker: Kenneth
MCLE
of Mastagni Holstedt
%100
10:30-11:30am
PLACE Sheraton Grand 1230 J Street IDP
Firms
FEEARB
Lawyer Referral
Keynote Speaker: NS Sacrame O I T nto Chief Justice of California SEC Lawye r
Sponsor Affiliates s Tani Cantil-Sakauye
Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. After November 23rd, ticket prices increase by $5 RSVP tomburroughs@sacbar.org rsvp@sacbar.org or For more information contact Mary Burroughs (916) 564-3780 or email Sacramento County Bar Association, 425 University Ave.,Howe Suite 120, Sacramento, CA 95825 call (916) 564-3780. Send checks payable: SCBA, 1329 Ave #100, Sacramento, CA 95825