SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
www.sacbar.org
Photo by Mark Long-Eleakis & Elder Photography
March/April 2015
Lawyers Who Rock The Res Ipsa Loquitur Band, from left to right, Dan Schneiderman, Jason Sigel, Rose Livaich, Robbie Nelsen, Terry Allwein, Bob Bale, & Hank Greenblatt
(Paint, Play, Perform, or Pursue Alternative Artistic Avocations)
Relationships are built on many things...
Like being committed to your needs. Our clients value the commitment of Crowe Horwath LLP professionals shown through responsiveness and proactive interactions at the right time and with the right people. Our Crowe forensic team members assist our clients with: ■ Litigation support and expert testimony ■ Fraud investigations ■ Computer forensics, eDiscovery, and data analysis ■ Special accountings
To learn more, visit crowehorwath.com/forensic, or contact: Conrad M. Davis at 916.492.5150 conrad.davis@crowehorwath.com Tim L. Bryan at 916.492.5153 tim.bryan@crowehorwath.com
Tim Bryan, Director
Audit | Tax | Advisory | Risk | Performance
The Unique Alternative to the Big Four®
Crowe Horwath LLP is an independent member of Crowe Horwath International, a Swiss verein. Each member firm of Crowe Horwath International is a separate and independent legal entity. Crowe Horwath LLP and its affiliates are not responsible or liable for any acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath International or any other Crowe Horwath International member. Accountancy services in Kansas and North Carolina are rendered by Crowe Chizek LLP, which is not a member of Crowe Horwath International. © 2015 Crowe Horwath LLP FOR15007
Cas� Garde� Supporting the Since 1974
RESTAURANT & EVENT CENTER Great Food for a Great Cause Casa Garden Restaurant & Event Center provides an excellent venue at a convenient location with free parking for business meetings, other special events, or just a delicious lunch with colleagues or friends. Not only can Casa Garden meet your needs, you will be supporting a great cause because all proceeds help fund the services provided by the Sacramento Children’s Home to children and families at risk.
916.452.2809 | 2760 Sutterville Road | www.casagardenrestaurant.org
AttorneyShield® PROFESSIONAL LIABILITY INSURANCE PROGRAM AVAILABLE EXCLUSIVELY THROUGH AHERN INSURANCE BROKERAGE
A reputation is like trust. It takes years to grow, but can be ruined in seconds.
Who Would You Be Without Your Reputation?
Losing your reputation can damage your future success. You’ve spent years doing things right. Make sure your professional liability carrier does too. When you choose Ahern Insurance Brokerage and PSIC, you get the peace of mind that comes when you work with a team who values your input and is committed to protecting your assets.
Scan this code
Call 1-800-282-9786 to speak with an Ahern specialist.
AVAILABLE THROUGH OUR EXCLUSIVE PARTNER
www.aherninsurance.com Professional liability insurance is underwritten by Professional Solutions Insurance Company. A.M. Best ratings range from A++ to S. NFL 9288
License Number 118691
PSIC
Professional Solutions
INSURANCE COMPANY 14001 University Ave., Clive, IA 50325
EDITOR’S MESSAGE
I Hate Boring! by Ellen Arabian-Lee, Guest Editor
W
hen Editor-In-Chief Betsy Kimball asked me to be the Guest Editor of Sacramento Lawyer, my initial thought was “how exciting.” Every January, Betsy travels to Kenya to volunteer her time helping BEADS for Education, a non-profit organization, which works to improve the status of women in Kenya, through girls’ education and women’s business development. This is even more exciting than being a Guest Editor. Betsy needed some help putting together the March/ April edition. Several months prior, Betsy and I had discussed ways to make the magazine more exciting, and somehow we started talking about lawyers we know who play in rock bands. Around this same time, I got to know Grace Bergen, who also fairly recently opened her own law office, after serving for many years as General Counsel for Tower Records. That must have been a very exciting job. Grace also plays the fiddle. I play the violin (not the fiddle). So, we have several things in common. Also, coincidentally around this same time, I got to know Ann Kanter, who is very exciting in her own right. Ann, a well-known specialist in immigration law, is also a member of the Sacramento Advisory Committee of California Lawyers for the Arts. Ann has also written poetry. The gears (which are
Ellen Arabian-Lee is a staff editor of Sacramento Lawyer magazine and the President of ArabianLee Law Corporation in Roseville, where she practices litigation, business law, and employment law. She may be contacted at ellen@arabian-leelaw.com.
sometimes a little slow to start these days) started turning. We are pleased to present this edition of Sacramento Lawyer, which we hope you will find entertaining as well as inspiring. The lawyers featured in this edition are musicians, authors, and artists who somehow find time to practice law and have fun outside of work playing, performing, and creating. These are not boring people. In fact, they are all pretty cool people. Helping Betsy put together this edition was mostly exciting, but also time consuming! A special thanks to Grace Bergen, Ann Kanter, and Ellen Taylor who conducted the attorney interviews, and to each and every “exciting” musician/artist/lawyer who took the time to be interviewed. After taking yet another “break” from playing my violin around the time that I opened my own law practice last year, I now feel guilty and inspired to open my violin case, see how badly out of tune my violin is (hopefully there are no broken strings), and perhaps play it in the comfort of my own home for my five year old. My other family members and pets have no interest in listening. I am not in a band and after years of classical training, I am at a loss as to how to play “fiddle” in a band. Maybe I’ll take guitar lessons.
The Sacramento County Bar Association notes with regret the passing of Forrest A. Plant. Mr. Plant served as the SCBA’s President in 1966 and was a longtime partner of Diepenbrock Wulff Plant & Hannegan.
4
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
EDITOR-IN-CHIEF Betsy S. Kimball bkimball@kimballwilson.com STAFF EDITORS Ellen Arabian-Lee, Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako 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 Angela Lai - President Heather Hoganson - 1st Vice President Sabrina Thomas - 2nd Vice President Sil Reggiardo - 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 2015 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
MARCH / APRIL 2015 VOLUME 116, NUMBER 2
COVER STORY 18 Lawyers Who Love Music FEATURE STORIES 8
Mandatory Fee Arbitration: Try It, You’ll Like It
10 Law Firms Accepting Credit Cards and EMV Chip Evolution, Part Two 13 Valentine Run in Photos 24 Creative Advocates – Five Lawyers for the Arts ANNOUNCEMENT 15 A Message from Presiding Judge Robert Hight
24
SECTION & AFFILIATE NEWS 12 SacLEGAL Celebrating 20 Years 30 Susan C. Hill Acknowledged by the SCBA’s Probate and Estate Planning Section BARRISTERS’ NEWS 17 Barristers’ Club Update AFFILIATE EVENTS 32 Sacramento Legal Secretaries Association (SLSA) Supporting Those Who Support You
DEPARTMENTS 4
Editor’s Message
6
President’s Message
13
25
30
33 Index of Advertisers
COVER 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.
Lawyers Who Rock
(Paint, Play, Perform, or Pursue Alternative Artistic Avocations) The Res Ipsa Loquitur Band, from left to right, Dan Schneiderman, Jason Sigel, Rose Livaich, Robbie Nelsen, Terry Allwein, Bob Bale, & Hank Greenblatt
www.sacbar.org www.sacbar.org | March/April | March/April 2015 2015 | SACRAMENTO | SACRAMENTO LAWYER LAWYER
5
PRESIDENT’S MESSAGE Angela Lai
President, Sacramento County Bar Association
BALANCE: Reality or Myth?
It Depends on what You Mean by “Balance” by Angela Lai
It’s
Super Bowl Sunday. I need to get this article written so that I make the deadline for the March/ April issue of Sacramento Lawyer. My toddler wants to ride her trike outside. Our Super Bowl party is starting in a few hours, and the food is not ready yet. Why didn’t I finish writing this earlier? Sound familiar? It seems we lawyers hear about it all the time: balance. Lately, I have been asked more often than ever: “Between work, bar service,
community service, family (including a toddler), art... how do you maintain your personal sanity?” The idea of “balance” is not new. The government first attempted to advocate for this “balance” when it passed the Fair Labor Standards Act in 1938, introducing the 44-hour work week. The focus re-emerged recently, when President Obama’s State of the Union Address promised a renewed commitment to policies regarding paid parental leave, sick leave, and affordable childcare.
If you google “work-life balance,” you’ll find scores of articles, tips, work-shops, and how-to guides. Some offer to help you achieve “balance” in eight steps or less. Others call the idea of balance a myth. Maybe it depends on how you define “balance.” We cannot do everything, and things may never be perfect. We cannot have it all, at least not at any one time. There are always choices and trade-offs. On any given day, we may
Have you been relegated to the role of non-equity partner for too long?
Wilke Fleury has flourished for 94 years with a simple model – all partners are equity partners with full rights to participate in the governance and business of the firm. A book of portable business that may not be appealing to a Big Law firm may be a perfect fit for our firm. As important, the client-service entrepreneur-driven atmosphere and reasonable rates we have are something business owners and in-house counsel find refreshing. If you believe in practicing law the way we do, contact a Wilke Fleury lawyer you know or Trevor Stapleton, our hiring partner.
400 Capitol Mall, Twenty-Second Floor | Sacramento, California 95814 | 916.441.2430 www.wilkefleury.com
6
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
find that work is under control, but our family needs more of our attention, or vice versa. We may constantly feel out of balance. But as long as we make what matters to us happen every day, and we measure our decisions against our core principles, our lives will feel more balanced in the long run and our personal sanity maintained. This issue of Sacramento Lawyer takes a look at something that may not seem like part of the practice of law, but is equally, if not more, important: our lives outside the profession. A mentor once told me that one of the secrets to maintaining our personal sanity is to find activities that “make time melt away.” Some lawyers golf, or bike, or jog, or ski. Some extol the virtues of yoga or meditation. Others have creative outlets such as art and music. Indeed, we have quite a few lawyers in our community who are very talented artists and musicians, who dedicate time outside of their work lives to share their talents for all to enjoy. May we all be inspired to find what makes our time melt away, just as those talented musicians and artists featured in this issue.
January/February Correction: In the profile piece on Gary Smith published in the January/ February issue of this magazine, we erroneously stated that California Insurance Commissioner Dave Jones was a student of Smith’s at U.C. Davis School of Law. Jones attended law school at Harvard. www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
7
FEATURE STORY
Mandatory Fee Arbitration: Try It, You’ll Like It by Kenneth E. Bacon
D
isputes over legal fees are a common source of legal malpractice claims. One leading source suggests that disputes between attorneys and clients over legal fees and costs contribute to approximately 20 percent of all legal malpractice claims. Therefore, an attorney faced with a client who does not pay must consider many factors in deciding how to proceed and should recognize that filing a lawsuit against a client for unpaid fees may result in a cross-complaint for legal malpractice and/or a complaint to the State Bar. The State Bar of California Board of Trustees recognized this issue in 1976, finding that attorney-client fee disputes “were the most serious problem between members of the bar and the public.” In response to the burden which fee disputes place on the courts, the legislature enacted the Mandatory Fee Arbitration Act (”MFAA”) in 1979 to provide a low cost alternative to the court system to expeditiously resolve attorney-client fee disputes. (Bus. & Prof. Code § 6200, et seq.) The public policy of mandatory fee arbitration (”MFA”) is to provide an effective, inexpensive, and speedy remedy for fee disputes which does not require that the client to hire a separate attorney. While the procedures of MFAA are designed to be consumer friendly for clients, that should not be a concern for attorneys. In my experience with MFA programs over the past 20 years, I regularly hear attorneys fearful of MFA say that it is a waste of time because it is often non-binding, or that they will not get a fair hearing be-
8
Kenneth E. Bacon is an at-large member of the SCBA Board of Directors, the Chair of the SCBA Mandatory Fee Arbitration Program, and the Presiding Arbitrator of the State Bar Mandatory Fee Arbitration Program. He is a certified specialist in legal malpractice law and a senior associate at Mastagni Holstedt, A.P.C. He can be contacted at kbacon@mastagni.com.
cause MFA is slanted in favor of clients. However, when I hear these concerns by attorneys, I am reminded of the Alka-Seltzer commercial from the 1970’s with the classic tag line, “Try it,�you’ll like it.” The reality is that MFA can be a valuable risk management tool for attorneys as the resolution of a fee dispute often prevents the dispute from spiraling into a malpractice claim or even a complaint to the State Bar by an angry client. The State Bar Committee on Mandatory Fee Arbitration recently conducted a study to determine how many non-binding fee arbitration awards were rejected, and found that roughly 90 percent of non-binding fee arbitration awards were either accepted or resulted in a settlement of the fee dispute without any further litigation. So, do not be afraid…try MFA as it may save you time and money, and it may help preserve the attorney-client relationship, as well as greatly reduce exposure to potential malpractice claims. While evidence of malpractice or professional misconduct is admissible in MFA proceedings, it is admissible only to the extent that those claims bear upon the fees to which the attorney is entitled. MFA arbitrators cannot award affirmative relief in the form of damages or offset based on alleged malpractice or professional misconduct. However, because MFA proceedings are confidential and an award is not admissible in evidence and does not operate as collateral estoppel or res judicata in any other proceeding, MFA can also provide a relatively inexpen-
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
sive and low risk forum to vet a client’s potential malpractice claim.
How MFA works The MFA system is administered by the State Bar, but the vast majority of fee arbitrations are handled through local bar association programs. Jurisdiction usually lies in the county where a substantial portion of the legal services were performed or where the attorney maintains an office. The State Bar program has jurisdiction where: (1) no local bar program exists; (2) either party claims that he or she will not obtain a fair hearing under a local bar program; or (3) the matter is not within jurisdiction of a local bar program. MFA is mandatory for attorneys if requested by a client, but voluntary for the client unless the parties previously agreed to non-binding MFA in their fee agreement. An attorney who wishes to sue a client for fees and/or costs must give the client notice of the client’s right to MFA on the mandatory State Bar approved Notice of Client’s Right to Fee Arbitration form, before suing the client for fees, costs, or both, or prior to commencing a non-MFAA arbitration regarding fees. (Bus. & Prof. Code § 6201(a).) A client’s right to MFA is waived if the client: (1) does not request MFA within 30 days of the client’s receipt of the State Bar Notice of Client’s Right to Fee Arbitration form; (2) commences a legal action seeking either judicial resolution of a fee dispute or affirmative relief against an attorney for al-
FEATURE STORY leged malpractice or professional misconduct; or (3) answers or otherwise responds to an action or proceeding regarding fees initiated by an attorney after receiving a State Bar Notice of Client’s Right to Fee Arbitration form from the attorney. Fee arbitrations are, by default, non-binding, but may be binding if the parties agree to binding arbitration after the dispute arises and can become binding by law after the passage of 30 days from service of the award if neither party has filed to reject the award. (Bus. & Prof. Code § 6203(b).)
What’s covered?
The MFAA only applies to disputes between an attorney and client regarding fees, costs, or both. However, a non-client who has agreed to pay the client’s legal bills or guaranteed the payment of an attorney’s fees is also entitled to arbitrate any fee dispute and is entitled to receive the State Bar Notice of Client’s Right to Fee Arbitration. MFA does not apply in the following circumstances: (1) the fee dispute is between attorneys; (2) the fee or cost to be paid by the client has been determined pursuant to statute or court order; (3) where a member of the State Bar of California is also admitted to practice in another jurisdiction or where an attorney is only admitted to practice in another jurisdiction, and that attorney maintains no office in California, and no material portion of the services was rendered in California; or (4) the dispute is a claim for damages or affirmative relief based upon alleged malpractice or professional misconduct. (Bus. & Prof. Code § 6200(b).)
What happens after arbitration is requested? MFA is initiated by filing a completed arbitration request form with
the program and paying the filing fee. Either a client or an attorney may file a request for arbitration, but where the request is filed by the attorney it is voluntary for the client unless the client has agreed to non-binding MFA in the fee agreement. The program will notify the respondent (usually the attorney) that a request for arbitration has been filed and the respondent has 30 days to file a reply. The MFA program will assign a single attorney arbitrator or a panel of three arbitrators (including one lay arbitrator) to hear the matter depending on the amount in dispute. The client may request that the attorney arbitrator or panel practice in the area of either criminal or civil law, depending on nature of the client’s underlying case. The arbitrator is responsible for setting the hearing date, which is typically within 45 days for a single arbitrator and 90 days where there is a three-arbitrator panel. Consistent with the intent of having a speedier and less costly method resolving fee disputes, there is no formal discovery in MFA, but the parties are encouraged to exchange key documents such as the fee agreement and bills, and arbitrators have general authority to issue subpoenas to compel the attendance of witnesses and the production of relevant documents. MFA hearings are less formal than court proceedings or contractual arbitration, and technical rules of evidence do not apply. Where there is a written fee agreement that complies with the statutory requirements, the terms of the agreement will be enforced but arbitrators may determine if the terms were unconscionable and whether the attorney’s performance under the agreement was reasonable. If there is not a valid written fee agreement where one is required, arbitrators will determine
the reasonable value of the attorney’s services. The arbitrator will hear all pertinent evidence and arguments regarding the fee dispute, and then make appropriate findings and issue an award, usually within 15 to 25 days of the hearing. If the arbitrator determines that the attorney’s fees were not reasonable, then the client may be awarded a refund of attorney’s fees or costs. Alternatively, the arbitrator may determine that no refund is owed or that the client owes fees to the attorney. The award may not include an amount for attorney’s fees incurred in the course of the fee arbitration proceedings, even if the attorney and client entered into a contract that provided for such fees. The award is then served by the program along with a form entitled “Notice of Your Rights after Arbitration.”
What happens after an award is served? Fee arbitrations are non-binding unless the parties agree in writing to binding arbitration after the dispute arises, but prior to the hearing. If the arbitration is binding, then the award is final and neither party may request a new trial in court or a subsequent contractual arbitration. If the award is non-binding, either party may reject the award and request a trial de novo in court or a private arbitration pursuant to an arbitration clause in the fee agreement within 30 days following service of the award. (Bus. & Prof. Code § 6204(a); see Schatz v. Allen Matkins Leck Gamble & Mallory LLP (2009) 45 Cal.4th 557 [a private arbitration may substitute for a court trial de novo following non-binding MFA].) But beware, if a trial or arbitration de novo is not requested within 30 days by either party, the award automatically becomes binding.
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
9
FEATURE STORY
Trevor Carson is a
Law Firms Accepting Credit Cards and EMV Chip Evolution, Part Two by Trevor Carson
T
oday, credit cards are a popular form of payment, and cash is no longer king. In June 2012, The Huffington Post published an article predicting the death of cash payments.1 The author predicted that cash would account for only 23 percent of all point-of-sale purchases by 2017.2 As discussed in “Law Firms Accepting Credit Cards and EMV Chip Evolution, Part One,” published in the January/February 2015 issue of Sacramento Lawyer, credit cards provide consumers with additional protection over cash and debit cards. The implementation of EMV-compliant readers will further the level of protection. Unlike cash transactions, credit cards provide both parties with easy-to-access traceable records of all transactions. Regardless of the public’s desire to use credit cards, lawyers tend to be reluctant to accept them as a form of payment. Ethical considerations tend to deter lawyers, but these concerns are generally misplaced. There are indeed instances when a lawyer should not accept payment by credit card. For example, an individual planning to file for bankruptcy who then charges a credit card for the lawyer’s fees is committing fraud.3 There are also rules and ethical considerations pertaining to credit card payments of unearned fees and advanced costs and expenses. A lawyer may ethically accept payment of earned fees by credit card. A lawyer should, however, discharge his or her duty of confidentiality to
10
clients under Business & Professions Code section 6068(e) and under rule 3-100 of the Rules of Professional Conduct. COPRAC Opinion No. 2007-172 describes a potential violation as a disclosure of confidential information in the description of the credit card charge slip for goods or services provided.4 This potential violation can easily be avoided by following the State Bar’s suggestion to use general description on the charge slips, such as “for professional services rendered.”5 A lawyer may also ethically accept payment for unearned fees by credit card; however, a lawyer should pay the credit card processing fees. When a lawyer receives payment for unearned fees by credit card, the full amount of the unearned fees will not be deposited into the trust account because of various processing charges. For example, a lawyer collects $5,000 for advanced fees from client. The lawyer uses Square to obtain the advanced fees. The lawyer should be depositing the entire $5,000 into the trust account; however, because Square charges 2.75 percent per swipe transaction, the trust account deposit is only $4,862.50. The lawyer has not earned the $137.50 swipe fee, but the money is not available in the trust account. Under rule 3-700(D)(2) of the Rules of Professional Conduct, a lawyer whose employment has terminated shall “promptly refund any part of a fee paid in advance that has not been earned.” A lawyer’s failure to take reasonable care to protect client
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
partner with the firm Carson & Kyung, A Law Corporation. He may be contacted at tcarson@ carsonkyung.com.
funds by allowing credit card processing fees to reduce the amount of funds in the trust account could result in the lawyer’s inability to return all unearned fees at the time of termination. Hence, a lawyer accepting payment by credit card should personally absorb any processing fees. Merchant services companies that help with the process are discussed below. A lawyer also may not ethically accept a deposit for advances for costs and expenses by credit card. Advances for costs and expenses must be deposited into a trust account.6 A lawyer may not accept advances for costs and expenses because merchant accounts subject the funds to “invasion.”7 For example, the credit card issuer initially deposits the funds in a merchant account. The credit card issuer may invade the merchant account to recoup the fees if the credit card holder disputes the transaction. Thus, accepting payment for advance costs and expenses would result in a violation of the lawyer’s ethical duties. A lawyer may, however, accept payment by credit card for costs and expenses previously incurred by the lawyer. An attorney is generally not violating his or her ethical duties for sharing fees with non-attorney merchant accounts. COPRAC Opinion No. 2007-172 states: “[A]n attorney does not implicate his or her duty not to share fees with a non-attorney in violation of rule 1-320 simply by accepting payment of earned fees from a client by credit card and thereby making a payment
FEATURE STORY
to the credit card issuer through a debit of a service charge. The purpose of rule 1-320 is ‘to protect the integrity of the attorney-client relationship, to prevent control over the services rendered by attorneys from being shifted to lay persons, and to ensure that the best interests of the client remain paramount.’ A service-charge debit, which amounts to the attorney’s payment for a convenient method of receiving funds owed the attorney, does not frustrate the purpose of rule 1-320, and for that reason does not come within the rule’s proscription.”8 There are several companies that provide merchant services specifically for law firms.9 These companies help lawyers avoid many of the ethical con-
cerns discussed above. For example, some merchant services companies will separate the trust and operating accounts. A lawyer will link both their trust and operating accounts with the merchant services company. The merchant services company will then charge the merchant fees to the operating account and deposit the unearned fees into the trust account. This separation process helps avoid any ethical complications. Lawyers deserve to be paid for their hard work. Credit cards are valuable resources that provide a means to receiving immediate payment. As technology advances, credit cards are becoming more secure and provide a solid option for lawyers to get paid. Although some ethical considerations
exist, lawyers should be more willing to accept payments for earned and unearned fees by credit card. 1
Cash Dying As Credit Card Payments Predicted To Grow In Volume: Report. http://www.huffingtonpost. com/2012/06/07/credit-card-paymentsgrowth_n_1575417.html.
2
Id.
3
11 U.S.C. § 523.
4
State Bar of California, Standing Committee on Professional Responsibility & Conduct, Formal Op. 2007-172.
5
Id.
6
Rules Prof. Conduct, rule 4-100.
7
Formal Op. 2007-172.
8
Id.
9
Upon request, the author will provide the list of firms known to him.
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
11
SECTION & AFFILIATE NEWS
Gerald Latasa is the Pacific McGeorge fellow for the Water Resources Institute and Capital Center for Public Law and Policy. He may be reached at glatasa@pacific.edu.
SacLEGAL Celebrating 20 Years by Gerald Latasa
In
1995, a small group of attorneys with a mission to promote equality for members of the LGBT community through strong leadership, legislative advocacy, education, and participation in civic and social activities within the legal community and community at large formed Sacramento Lawyers for the Equality of Gays and Lesbian (SacLEGAL). Now, 20 years later, the LGBT community has seen great change, both legally and socially, and SacLEGAL continues to promote equality both in and out of the legal profession. SacLEGAL was proud to sponsor many events in 2014, including the U.C. Davis Law Review Symposium, “Not Equal Yet,” which included a keynote address by constitutional scholar Professor Erwin Chemerinsky. Additionally, SacLEGAL held its second annual Founders’ Award reception, honoring U.S. Magistrate Judge Allison Claire. These events, in addition to law school welcome dinners, mixers, CLE’s, and happy hours, made 2014 a very successful year. The new 2015 Co-Chairs of the SacLEGAL Board of Directors are Steven Muni, a Deputy Attorney General in the Bureau of Medi-Cal Fraud and Elder Abuse, and Gerald Latasa, fellow for the Pacific McGeorge Water Resources In-
stitute and Capital Center for Public Law and Policy. Pam Jones, Haley Dewey, Nicholaus Norvell, James Tiehm, Julie Arena, and Allison Cross are all continuing their service on the board. New board members include Monica Baumann, Christa Lim, and Jocelyn Wolf. After leading 2014 as co-chairs, Jo Michael and Natalie Bustamante rotated off the board. They will both remain active with SacLEGAL, with Natalie serving as the SCBA rep and Jo remaining on the Amicus/Legislative Committee. Additionally, board member Jeff Edwards did not run for reelection on the board, and instead will serve as chair of the membership committee. SacLEGAL thanks all three for their years of service in order to make SacLEGAL the organization it is today. The 2015 board is excited to continue the SacLEGAL legacy into its 20th year. This year will be full of professional and social events, culminating in the annual Founders’ Award reception tentatively scheduled for November 2015. The board hopes you will join us, as this will also serve as a celebration of the past 20 years of SacLEGAL, and a look at the exciting things to come.
Hon. Darrel W. Lewis (Ret.) Mediator The Judge
The Mediator
“Employment law is complex and requires marshalling emotions and expectations between employers and employees. When such difficulties arise in my cases, I want Judge Lewis as the mediator. He is respectful and thoughtful to my clients and me throughout the process, but he gets people to move and to compromise.” Plaintiff Attorney
“He quickly identified the key issues in this contract/ real estate/construction case and brought both sides to a fair and satisfactory settlement. He is bright, tenacious and makes the clients feel that he understands what they are going through. He keeps the parties focused and gets a speedy resolution.”
Don’t compromise when choosing your next mediator.
Defense Attorney
Judge Lewis is a trained and experienced mediator who listens empathetical/y and will also speak with the authority and stature of a retired judge when necessary.
916-483-2222 • www.mediatorjudge.com Sacramento and all Northern California
Just pick up your phone and dial 916-483-2222 12
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
FEATURE STORY
LSNC attorney Sarah Steinheimer and managing attorney Sarah Ropelato
Chris Smith and Becky Smith, participants in the 1.8 mile walk/run
“Team Gator” – Tracy Starkey, Paul Starkey, Bart Mehlhop, and Anita Lundin, with Beau, the winner of the “Best Dressed Canine” contest
Downey Brand attorneys Rebecca Smith and Jeff Galvin www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
Photos by Alan R. Stachowitz - Accounting Manager, Legal Services of Northern California
Drew Mayo finishes the 4 mile race
13
#1
Half Page Ad: Joe Genshlea Law and Mediation September/October 2013 issue
DIVORCE MEDIATION
MAGAZINE
#1
A D 1/4Ppage R Ad OOF Jan/Feb 2015
COLLABORATIVE PRACTICE FAMILY LAW SPECIALIST
Approval is needed to run your ad, please check appropriate box below. Proof OK as is Correction needed
FAMILY LAW CENTER
See a second proof
“Divorce Please fax back Doneto (916) 564-3787 or email back to Mary Burroughs Differently” mburroughs@sacbar.org
OK with corrections
Thank you!
Call for Free Brochure
488-5088
SIGN
DATE
CAROL DELZER
President, Family Law Center
www.FamilyLawCenter.US 1722 Professional Drive Sacramento, CA 95825
Mediator - Collaborative Attorney Certified Family Law Specialist Certified by the State Bar of CA Licensed Marrriage Family Therapist License #32861
Approval is needed to run your ad, please check appropriate box below. Proof OK as is Correction needed See a second proof
CERTIFIED PUBLIC ACCOUNTANTS
OK with corrections Consultants and Accountants to Management and Counsel
SIGN ___________________________ DATE__________
Please fax back to (916) 564-3787 or email back to
Proven Expertise Forensic Accounting Fraud Investigations Economic Damages Business Valuation SALES@SACBAR.ORG or call (916) Tax and Accounting
Thank you!
564-3780
Visit us at www.ueltzen.com Contact - Ramona R. Farrell, AVA, CFE 3600 American River Dr., Suite 150 Sacramento, California 95864
(916) 563-7790
14
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
A Message from Presiding Judge Robert Hight
J
ANNOUNCEMENT
udge Hight has two important reminders for all civil litigators. The first is to comply with the court’s Civil Trial Readiness Notification requirement:
Notifications shall be made from 10 court days before the trial date to 1:30 p.m. on the Thursday before the trial date.
Counsel shall notify the court of their readiness to begin their Long Cause Civil Trial and provide information as to the status of the case. Such notification shall be done electronically by completing the form provided on the court’s web page. Re-sending a submission will not overwrite any previously submitted information. All submissions will be read and considered.
Judge Hight also reminds all civil litigators to check the court’s web page for available trial dates before they stipulate to a trial continuance. For example, as of the last week of February 2015, the first available trial date was Monday, August 31, 2015. The court cannot grant a trial continuance – even if it is by stipulation – to any date before the first available trial date. To check available trial dates, go the court’s webpage at https://www.saccourt.ca.gov/civil/trial-setting.aspx.
SACRAMENTO COUNTY BAR ASSOCIATION 2015 Directory EXECUTIVE DIRECTOR Mary J. Burroughs (916) 564-3780 x 210 mburroughs@sacbar.org
MANDATORY FEE ARBITRATION (916) 564-3780 x 206 feearbitration@sacbar.org
PRESIDENT Angela Lai (916) 323-0435 alai@dmhc.ca.gov
Shanae Buffington (MAL 2016) 916) 657-5193 shanae.buffington@edd.ca.gov
Susan C. Hill (MAL 2015) (916) 568-0212 susanhill@hlo-pc.com
Sean M. McCoy (MAL 2016) (916) 324-9951 sean.mccoy@doj.ca.gov
Natalie S. Bustamante (SacLEGAL) (916) 431-7762 nbustamante@kldlawgroup.com
Paul Hoybjerg (La Raza) (916) 788-1960 paul@penneylaw.com
Daniel Reid (Barristers) (916) 663-8502 danielsreid@gmail.com
Victoria Jacobs (VLSP) (916) 551-2162 vjacobs@vlsp.org
Thomas Woods (Federal Bar) (916) 319-4748 thomas.woods@stoel.com
Jason Jasmine (MAL 2017) (916) 446-5297 jjasmine@cbmlaw.com
Tori Sundheim (Leonard Friedman) (305) 509-2222 tori.sundheim@gmail.com
Jeffrey Javinar (ABAS) (916) 327-1466 javinar4u@yahoo.com
Jack Vetter (CCTLA) (916) 441-4441 jvetter@vetterlawgroup.com
Peter Kyung (LRIS) (916) 241-3336 pkyung@carsonkyung.com
Justin L. Ward (Wiley Manuel) (916) 443-2474 justin2626@yahoo.com
Andi Liebenbaum (Delegation) (626) 818-3740 liebenbaum@gmail.com
Daniel Yamshon (Section Rep) (916) 446-4817 d890@aol.com
1ST VICE PRESIDENT Heather Cline Hoganson (916) 419-2515 heather.hoganson@abc.ca.gov 2ND VICE PRESIDENT Sabrina Thomas (916) 258-8805 sthomas@rshslaw.com SECRETARY/TREASURER Sil Reggiardo (916) 520-5374 sreggiardo@downeybrand.com Kevin Adamson (IDP) (916) 362-6600 adamsonlaw@yahoo.com Ken Bacon (MAL 2017) (916) 491-4246 kbacon@mastagni.com Herb Bolz (STMS) (530) 848-7252 herbbolz@yahoo.com
LAWYER REFERRAL AND INFORMATION SERVICES (916) 564-3780 x 200 referral@sacbar.org
SCBA BOARD OF DIRECTORS
Bradley Coutinho (SABA) (916) 569-8100 brad.coutinho@gmail.com Rebecca Dietzen (WLS) (916) 319-9471 rad@rdietzen.com Stephen Duvernay (SLF) (916) 447-4900 Stephen.duvernay@gmail.com Meredith Garey (MAL 2017) (916) 321-4500 mgarey@kmtg.com David Graulich (MAL 2015) (916) 966-9600 david@wrongedatwork.com Jonathan Hayes (MAL 2017) (916) 717-4464 jhayes@dbbwc.com
INDIGENT DEFENSE PANEL (916) 564-3780 x 200 scbaIDP@sacbar.org
Alana Mathews (MAL 2016) (916) 897-0132 amathews@energy.ca.gov www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
15
Lauren Calnero is the Barristers’ 2015 media chair and an associate at Porter Scott. She may be contacted at lcalnero@porterscott.com. lcalnero@porterscott.com
BARRISTERS’ NEWS
Barristers’ Club Update
by Lauren Calnero
Barristers’ Members Ratify New Board of Directors, Celebrate with Brats and Brews
Barristers’ Club Hosts Annual Federal Nuts and Bolts Seminar
In conjunction with November’s mid-term election festivities, the Barristers’ Club held its annual voting party at the Low Brau Restaurant and Bar to vote in the new Board of Directors. The voting event was combined with the winter networking mixer, and the joint event had a healthy turnout of Barristers’ members to participate in the election. Members mingled with the new slate of officers on the ballot while enjoying tastings from Low Brau’s wide selection of brats, beer, and duck confit fries.
In December, the Barristers’ Club hosted its annual Federal Nuts and Bolts seminar at the Robert Matsui Federal Courthouse. United States District Judge William B. Shubb, Magistrate Judge Edmund F. Brennan, Chief Deputy Clerk Keith Holland, and Terence J. Cassidy of Porter Scott presented and addressed critical components of federal court practice. The event was well-attended by Barristers’ members, November 2014 bar admittees, current Pacific McGeorge students, and judicial externs. The panel addressed several aspects of federal court practice, including the benefits of filing in federal court, discovery, and trial. Judge Shubb’s humorous commentary about motions to dismiss and summary judgment was well received by attendees, who appreciated his candid perspectives on motion practice in federal court. The Barristers’ Club thanks Judge Shubb, Magistrate Judge Brennan, Keith Holland and Terence Cassidy for participating in this very successful MCLE event.
Sacramento County Bar Association
BARRISTERS’
Club of Sacramento
Please welcome the Barristers’ new Board of Directors President: Daniel Reid Vice President of Programs: Kevin Davis Executive Vice President: Kurt Hendrickson Treasurer: Steve Duvernay Secretary: Megan Sammut Membership Chair: Katie Nystrom
Want More Information on the Barristers’ Club of Sacramento? The Barristers’ Club of Sacramento is an affiliate of the Sacramento County Bar Association. You can find out if you are a member of the Barristers’ Club by taking this short quiz: (1)
Board Member at Large: Lauren Calnero Board Member at Large: Connor Olson Board Member at Large: Jenni Harmon Board Member at Large: Kevin Khasigian Board Member at Large: Caroline Colangelo Board Member at Large: Jeffrey Schaff The incoming Board of Directors would also like to take this opportunity to thank our outgoing president, Amanda Gimbel, for all her hard work and dedication to the improvement of the Barristers’ Club.
(2)
Are you a member of the Sacramento County Bar Association? YES
NO
Are you 36 years old or younger; or alternatively, have you been practicing law for five years or less? YES NO
If you answered yes to (1) and yes to either option in (2), then you are already a member of the Barristers’ Club of Sacramento! Look for announcements of these events on the Barristers’ Club of Sacramento’s Facebook page, as well as your email inbox. To stay up-to-date with Barristers’ events, please email sacbarristers@gmail.com to add your name to the email list. www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
17
COVER STORY
Grace J. Bergen is a Sacramento attorney who operates a solo practice at Law Offices of Grace J. Bergen. She serves as a Board Vice-President and the Chair of the Trustee Committee of California Lawyers for the Arts and also participates on CLA’s legal referral panel. She may be contacted at grace@gbergenlaw.com.
Lawyers Who Love Music
by Grace J. Bergen
At
the outset, I thought it would be a difficult task to track down lawyers, like myself, who play music in their “spare” time. I quickly discovered the wealth of talented musical lawyers in the Sacramento community, and the delight they take in playing music as a creative alternative to their busy careers. The following attorneys expressed the importance of music to them and explained that music was key to releasing anxiety and worry. Their universal enthusiasm and love of playing, writing, and performing music is evident. It is said that music soothes the savage beast—and perhaps it soothes the stressed out attorney as well.
18
Bob Bale
Robert (Bob) Bale Take for example, Bob Bale, a partner with Dreyer Babich Buccola
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
Wood Campora, LLP. Bale’s focus as an attorney is personal injury law, and he and his firm are known for large personal injury verdicts against corporate wrongdoers. Not only does Bale serve on the Board of Directors for the Capitol City Trial Lawyers Association, he is also on the Board of Governors of Consumer Attorneys of California, and is an emeritus Member of the Anthony M. Kennedy Inns of Court. What does Bale do in his “spare” time? He plays music—of course! A talented singer-songwriter, Bale plays acoustic guitar in fine rock and roll style. For years he has led an in-house band of attorneys called “Res Ipsa Loquitur” at Dreyer
COVER STORY Babich Buccola Wood Campora, LLP. The Res Ipsa Loquitur band is comprised of Daniel Schneiderman on bass, Hank Greenblatt, rhythm guitar, Robbie Nelsen, drums, Bale, vocals and guitar, Jason Sigel, rhythm guitar, and Rose Livaich, vocals. Everyone in the band is an attorney with the exception of Babich, who is an administrative assistant and Joe Babich’s daughter. In addition, a law clerk, soon-to-be attorney, Marshall Way, plays a mean sax and keyboards, while talented pro musician Terry Allwein is the band’s lead guitarist and music guru. Res Ipsa Loquitur plays with enthusiasm at firm parties and charitable events. Besides classic cover tunes, the band performs “Bale” originals about the practice of personal injury law and the people behind the scenes which resonate with lawyers and staff at his firm. “The band is lucky to have such great support from the firm,” says Bale, “and we draw upon the people there for musical inspiration.” For example, Bale composed “The Runner” about Oscar Sandoval, who delivers documents to court for filing, and “The Hunter” about the firm’s Office Manager, Debbie Hunter. Bale has fronted several bands as the lead singer, performing for many years in Flagstaff and Phoenix, Arizona. He started performing in high school as a singer in a garage band, and even played at the prom in his junior year. For six years, he fronted “Buster,” a popular Northern California bar band that regularly performed 48 weekends in a year! Bale describes music as a “powerful medium,” and cites Van Morrison as the musician who most influenced his musical style.
Robert (Robbie) Nelsen Another attorney at Dreyer Babich Buccola Wood Campora, LLP, Robbie Nelsen, plays drums with Res Ipsa Loquitur. Nelsen grew up in Placer County, and attended Rocklin High
Robbie Nelsen
School, where he played in the jazz band, performing at the Reno and Monterey Jazz Festivals. While attending Sacramento State, Nelsen took a two-year hiatus from school to hit the road with a rock and roll band called “Shortie.” His band, which played originals, toured in a van all over the country from Alaska to Maine and Florida. They played alternative rock in major cities in places like the House of Blues and CBGB’s, the birthplace of punk music, in New York City. Eventually they were picked up by a label appropriately called “Earache.” Two years of touring as a rock star convinced Nelsen to “sell out” and return to Sacramento to finish college and attend law school. Now he enjoys playing with Res Ipsa Loquitur at firm functions. Nelsen still loves old rock and roll, and cites Stewart Copeland, multi-instrumentalist and composer best known as the drummer for the band The Police, as a major influence.
Ken Celli When he was just 12 years old, Ken Celli’s sister gave him an acoustic guitar. Celli, who grew up in Southern California, was fortunate to attend Oakwood Middle School, where many Los Angeles entertainers’ children attended. Many of these students were already good musicians, so Celli learned by playing what his classmates and others showed him.
In high school at Catalina Island, he learned jazz chords and started jamming; and he continued to play jazz guitar while attending UCLA. After law school, Celli got married and didn’t play for quite a while, although he married into a very musical family, and his wife, Barbara Celli, is a singer with a beautiful voice. Starting his legal career in the Los Angeles County District Attorney’s Office in 1988, Celli then relocated to Marin Country in 1990, where he started his own general practice, with an emphasis on criminal defense, copyright, and trademark. He moved to Sacramento in 2003, to work as Senior Staff Counsel for the California Department of Corrections and Rehabilitation. In 2006, Celli transferred to the California Energy Commission, where he still presides over siting and compliance hearings, serves as a hearing advisor to the commissioners, and writes decisions for committees. After moving to Sacramento, Celli rediscovered music when he started attending the Strawberry Music Festival in Yosemite around 1997. Celli did not connect with his aptitude for the mandolin until 2007, when he began to go to “adult” music camps, such as California Coastal Music Camp and the Mandolin Symposium in Santa Cruz. He quickly picked up mandolin and is a now an adept player, welcome at any jam. Celli continues to jam with other musicians in Sacramento, and even inspires a group of folks at the Energy Commission to get together and play music together at their lunch hour. Celli played mandolin with a Sacramento Bluegrass Band called “Sweet By and By” for a couple of years, before joining his most recent band, “Le Hot Club de Carmichael,” which plays Django style swing music in supper clubs and other gigs. Celli’s influences are David Grisman and George Harrison, and he loves all styles of music from jug band and
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
19
COVER STORY blues to jazz. Celli likes to play and sing with his wife and friends, just for the fun of it!
Dennis Beaty Born and raised in Oklahoma City, Dennis Beaty grew up loving music. At the young age of 15, Beaty went to work for Sound Warehouse, a record store right on the border of the white and black neighborhoods— Beaty recalls that the store also had the best music around. Beaty bought his first guitar at 16, and remembers taking lessons from a local musician and jamming with friends. He loved the early Beatles music, as well as the Grateful Dead, but says that Crosby, Stills and Nash is his favorite band. Beaty joined the Navy in 1974 and shipped out on the U.S.S. Voge, DE1047, home-ported in Florida, where he continued to play his guitar during his four-year tour of duty. Beaty states: “Music has always been a place to find yourself and lose the world. Music helps you let it go.” Always a singer, Beaty grew up understanding that folk music is a report on what’s going on—like the dustbowl songs. He remembers going to see Woody Guthrie’s house in Okemah, where now there’s nothing but a carved tree left in memory of Woody. Beaty also puts his hand to writing songs. One beautiful song, called “Red Dirt Roads—Where Dust Devils Dance,” brings back the feeling of going home to Oklahoma’s red dirt roads, and recalls several well-known Oklahoma landmarks and Indian sites. Beaty attended college at the University of Oklahoma where he earned a B.A. in anthropology and urban studies, as well as an M.A. in geography. He decided to continue to go west to attend U.C. Hastings Law School in 1987, and started working for a plaintiff law firm in San Francisco. After his wife, who is also an attorney, found a job in Sacramento, Beaty moved to Sacramento and worked for
20
the Department of Corrections and Rehabilitation in class action litigation. He worked for eight years as the Assistant Chief Counsel for the Health Care Legal Team and later became the Deputy Director of Mental Health for the Department of Corrections. Beaty is now the Assistant Chief Counsel for the PRA/Business and Infrastructure Legal Team of the Department of Corrections and Rehabilitation. Beaty met fellow musician Ken Celli at the Department of Corrections, and they began to play music together. Beaty also began to attend the Strawberry Music Festival, where people come to hear music and to jam late into the night; and he started to go to music camps such as the California Coastal Music Camp. Beaty has found a community of musicians now, and still takes guitar lessons. He loves to jam and continues to write new songs. He says, “I’ll play music as long as I live.”
Jim Kirby, soul singer, struts his stuff.
James (Jim) Kirby II By day Jim Kirby is a litigator at Nageley, Meredith & Miller, Inc., with a wide-ranging litigation practice including legal malpractice and intellectual property. By night, Kirby is a self-described soul singer, whose influences are Sam and Dave, Otis
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
Reading, Booker T, The Drifters, Darryl Hall, James Brown, and Wilson Pickett, to name a few. Describing the music he loves as “secular gospel music,” Kirby’s favorite singer is Curtis Mayfield. He really loves songs like “Gypsy Woman,” “It’s All Right,” and “People Get Ready,” and some of the girl-band songs such as the Shirelles singing that all important question “Will You Still Love Me Tomorrow?” Originally from Wilson, North Carolina, Kirby grew up playing music; he claims that he has played music now for 50 years. By the time he was 14 he was performing as a singer with bands, and he played all through high school and supported himself as a working musician for three years after attending UNC - Chapel Hill College. In those days, Kirby was a singer whose repertoire covered everything from the Beatles and rock and roll to funk and soul music. He played in hundreds of musical venues, from medium size clubs to casual gigs. Arriving in Sacramento in 1975 to attend law school at Pacific McGeorge, Kirby later clerked for Judge Thomas J. MacBride in the U.S. District Court, where he honed his writing skills, before working in private practice. In 1983, Kirby established the law partnership of Segal & Kirby, where he practiced for many years before joining Nageley, Meredith & Miller, Inc. Known for his motion and appellate practice, Kirby has been recognized in Best Lawyers in America and as a Super Lawyer for his civil litigation skills, particularly in representing law firms and attorneys throughout California. After law school, Kirby recalls putting together a resume to submit to law firms on which he listed as past experience, “ten years of playing rock and roll.” After he established himself as a Sacramento attorney, Kirby started playing with a local band called “One Quart Low,” which specialized in soul and rhythm and blues. He
COVER STORY also played with another rhythm and blues band known as “The Floaters.” Kirby is currently putting together a new band, “The Incinerators,” which includes a keyboard player, bass player, guitar player, and drummer. They are working on several sets of Kirby’s favorite—soul music—to play at Farmers Markets, retirement parties, and events. Kirby states that he loves playing music—it takes him outside of the day-to-day pressures and hassles. When he focuses on music—he can’t worry!
George Allen Born in West Virginia, George Allen was not fond of the Appalachian “hillbilly” gospel music that was played at home. His father was a public school music teacher, and Allen was drawn to playing electric guitar at age 12. When he realized he was not going to be an instant rock star, he put away the guitar and did not take it up again until about six years ago, when he started to listen to Americana singer-songwriter music by artists such as Gillian Welch and Steve Earle. It suddenly occurred to him that he could probably play that style of music on acoustic guitar, and he borrowed a guitar from a friend and started playing again. Allen’s musical tastes have changed, and now he enjoys listening to and playing many genres of music, including the music he heard back in his childhood days in West Virginia. While attending Marshall University in Huntington, West Virginia, Allen decided that if he could not play guitar, he would be a disc jockey and play records—so he majored in radio broadcasting. When you hear Allen’s deep, melodious voice, you understand immediately why he was a good DJ. He worked at the college radio station as well as WHEZ—EZ Radio in Huntington, playing easy listening songs like “Nights in White Satin” performed by The Mantovani
Orchestra. After college he moved to the big city—Knoxville, Tennessee, and worked for rock station WIMZ. However, after Allen was chewed out by the station manager for joking about “Ronald Raygun” on the air, he made a sudden decision to find a career more intellectually fulfilling. He marched into the University of Tennessee School of Law and asked how to apply to law school. He took the LSAT, and the next thing he knew, he graduated from UT Knoxville Law School. He also got involved with a girl from Southern California who was living in Washington, D.C., so he followed his girlfriend, now his exwife, to D.C. and then back to California. He ended up in Sacramento after his ex-wife got a job at the Federal Defender’s office. After working a couple of years for Livingston & Mattesich, Allen started his own practice which he calls “LOOGA,” the acronym for Law Offices of George Allen, with the slogan: “Suing Bad Employers since 1993.” Allen describes himself as “An Experienced Advocate for Employees with Troubles at Work,” and he focuses primarily on litigating plaintiff employment claims. After meeting Tim Zindel, who also plays guitar, Allen started to jam with friends and attend the Strawberry Music Festival, as well as participating in a local music camp called “Rivertunes,” held each summer on the American River in Coloma. He also connected on the Meetup.com site with a group called the Acoustic Meetup Group in Orangevale, which holds regular music jams at various locations. Through the Meetup Group, Allen met Grace Bergen, and the eclectic jam band Vonda McConda was born. Vonda McConda consists of three attorneys, Tim Zindel, guitar and lead vocals, Allen on guitar and lead vocals, Grace Bergen, fiddle and harmony vocals, and one neurosurgeon, Laura Anderson, on guitar
ABOUT THE AUTHOR: Grace Bergen is not only an attorney whose active practice emphasizes business, employment, and real estate law, she is also an avid musician. She currently plays fiddle with a Celtic band called “Riverlark,” in addition to jamming with a band called “Vonda McConda,” described in her article. Bergen also plays guitar and mandolin and loves to sing—especially harmony. She frequently attends music camps and festivals, and feels that music is a spiritual pursuit that keeps her in the present moment—with no room to worry about the past or future.
and vocals, as well as teacher/photographer, Brad Shepherd, on mandolin. They are often joined by multi-instrumentalist, Bill Smith, who plays guitar, bouzouki and Weisenborn acoustic lap steel guitar. Vonda McConda was named by Allen, based on a memory he recalls of repeatedly and loudly telling his nearly deaf grandmother that a fellow West Virginian named Homer McConda had died. The grandmother, Lola Gearhart, didn’t acknowledge that Allen was speaking until, after several minutes of silence, she famously proclaimed “I think I might have knowed him by another name.” The band enjoys playing Americana, rock and roll tunes on acoustic instruments, like “I’m Eighteen” by Alice Cooper, as well as playing cover tunes by a wide assortment of musicians like Tom Petty, Van Morrison, The Wood Bros., Rolling Stones, Billy Bragg, and The Low Anthem. McConda can sometimes be found lounging and playing on Sunday afternoons at the
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
21
COVER STORY Track Seven Brewery or busking in midtown on Second Saturdays in the summertime. Allen, whose dark humor amuses and inspires his bandmates, quips: “Playing music engages a different part of your brain than what you use practicing law. It’s the most fun thing I do with my clothes on.”
Rodgers to Gillian Welch. He adores Merle Haggard, and states: “Merle is an inspiration to me in my daily life. He is the most successful rehabilitated prisoner in America, and for 35 years he has inspired me to be a public defender and to work for social justice!”
Tim Zindel A native of Sacramento, Tim Zindel remembers listening when he was just a toddler to his mother’s recordings of Frank Sinatra, Nat King Cole, Everly Brothers, Elvis, and Ella Fitzgerald. When the Beatles appeared on the Ed Sullivan show, Zindel was hooked. He and his friends memorized every word of every Beatles song, and he can still run through all the Beatles hits on the early albums—“She Loves You” and “I Want to Hold Your Hand.” After attending college at UCLA, Zindel embarked on a short career as a writer—he wrote a screenplay and some short stories, and then decided to pursue a legal career. He attended U.C. Hastings Law School, where he knew from the start that he wanted to do criminal defense work. “I believe in redemption and not incarceration,” says Zindel. Upon returning to Sacramento after law school, Zindel clerked for a federal judge and then began working in 1993 as a Federal Public Defender, the position he holds to this day. An accomplished vocalist, Zindel started attending the Strawberry Music Festival with George Allen, and then decided that he could probably learn to play guitar. His wife Sonya Zindel, also an attorney, bought him a guitar for Christmas about 13 years ago, and he took a few classes and studied some chord books and has been jamming ever since. He is currently a vocalist and guitar player with the Vonda McConda band, described above. Tim loves honkytonk and country music—from Jimmy
22
Peter Glick plays at the Run to Feed the Hungry.
Peter Glick Peter Glick has over 25 years of experience in complex civil litigation. A 1986 graduate of Pacific McGeorge School of Law, Glick first worked at Downey Brand where he became a partner. In 1996, Glick founded the law partnership Glick & Washburn and litigated complex business disputes through 2002, when he opened a solo practice that is 100 percent business litigation. What does Glick do when he is not embroiled in litigation? He not only plays multiple instruments, including (but not limited to) piano, violin, ukulele, and guitar, he is a selftaught luthier who builds and repairs his own and others’ instruments. Before he attended law school, Glick was a carpenter. He decided to attend law school because he was concerned that his hands would be injured from carpentry—which could be a serious problem for a piano player. So it was a natural progression from carpentry for Glick to teach himself how to
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
build instruments. Glick has built an acoustic bass, a hammered dulcimer, mandolin, ukulele, two lap steels, and a six string guitar. He estimates that he builds an average of two or three instruments a year, and he also repairs all types of stringed instruments. From the age of five through college, Glick formally studied classical piano and violin. He later became heavily involved in popular music, especially the Grateful Dead, and he now enjoys jamming with friends and local musicians. He is also the father of six children, all of whom play music; one of them is a grad student at the San Francisco Conservatory who composes baroque fugues. For the past 20 years on Thanksgiving Day, Glick mans an “unofficial” aid station at 36th and McKinley for the Run to Feed the Hungry, and hands out 2,000 cups of Gatorade, while he, his sons, and some friends provide live music throughout the morning. Glick believes that lawyers need outlets, and often forget to pursue their passions outside of the law. His advice? Let those passions out and pursue them vigorously! It will make you a better person, and a better lawyer.
Steve Block wailing
Steven A. Block After 30 years of private practice, Steve Block recently joined the Bureau of MediCal Fraud and Elder Abuse of the Department of Justice, where he serves as a prosecutor with the Civil Prosecution Unit. Prior to that, from January 2000 to June 2014,
COVER STORY Block operated a mediation, arbitration, and referee practice, applying his many years of experience as a litigator to alternative dispute resolution services. A 1978 graduate of Pacific McGeorge School Law, Block participated in ABOTA, the Anthony M. Kennedy Inn of Court, and cotaught arbitration practice at Pacific McGeorge. In describing his prestigious career, Block is quick to add to his bio that he enjoys fly-fishing and music performance. Indeed, Block, who plays harmonica, ukulele, and acoustic guitar, loves to play music! He takes his harmonica wherever he goes and sits in with local musicians. Block grew up in the Bay Area, where he started taking ukulele lessons at nine years old and clearly remembers learning ukulele versions of “Ain’t She Sweet,” “Five Foot Two,” and “Never on a Sunday.” He moved on to playing Hawaiian steel and then acoustic guitar in college, and cites some of his influences as: Doc Watson, Sonny Terry & Brownie McGee, T-Bone Walker, Allman Brothers, and Bonnie Raitt. His favorite of all is Taj Mahal—especially the song “Corrina.” Block did not get involved with playing in bands until he was 40, when he was invited to join the Weekend Warrior program at Skip’s Music. He started playing in a rock-nroll cover band called “Betty and the Boomers,” composed of four attorneys, Lou Anapolsky on guitar, Judy Winn (“Betty”), the lead vocalist, Joe Winn on guitar, Block on harmonica and guitar, with non-lawyer Frank Rios on drums. Block’s talented son, Adam Block, played bass with the band. These days, Block especially loves to play for benefits, like one recently held at Harlow’s Restaurant and Nightclub for the Breast Cancer Research Stamp. He also enjoys playing with his four talented, musical sons, Jeremy, Adam, Tyler, and Dylan, whenever possible.
Dave Bass Unlike the attorneys described above, Dave Bass started his musical career first and did not become an attorney until his late 30’s. Now he is straddling both a successful legal career and an exciting musical career. A pianist and composer, Bass decided in his teens that he would embark on a career as a professional musician. He started piano lessons at age seven, and when just out of high school, he performed in bands that opened for Alice Cooper and Captain Beefhart. After studying at the New England Conservatory and with Madame Margaret Chaloff, he landed a gig with Brenda Lee, touring internationally. Bass then settled in San Francisco, where he played with a young Bobby McFerrin and Jackie Ryan. He was well on his path to success as a musician, when he slipped on a pool of oil and fractured his wrist. The prognosis for playing piano again did not look good, so Bass completed his B.A. and headed to UCLA to earn a law degree. He wound up in Sacramento working as a Deputy Attorney General for the State of California and left behind his dreams of playing music professionally. Two decades later, after working his way back to playing piano casually with friends in Sacramento, Bass returned to the studio in 2010 and recorded “Gone,” a record of mostly original tunes, which featured pre-
mier jazz artists including Ernie Watts, Babatunde Lea, Gary Brown, and Mary Stallings. “Gone” quickly rose up the jazz radio charts to the #2 position, with wide critical acclaim. In 2012, Bass recorded another record with a cast of east coast musicians including Phil Woods, Ignacio Berroa, Conrad Herwig, Harvie S, and guest vocalist Karim Allyson. The album was released on February 15, 2015, and is called “NYC SESSIONS.” Bass describes his newest effort as follows: “The more I got back into the music, the more I realized that the cats I wanted to play with were in New York. I liked the idea of musicians that could play all of the music I wanted to play, whether Latin or jazz.” An east coast tour follows the release of “NYC SESSIONS,” with shows in NYC and Boston and the CD release gig in NYC at the notable jazz venue, Kitano. You can learn more about Bass’s music career on his website http://www.davebassmusic.com. Bass sees strong similarities in performing as a lawyer and a musician in that he “practices” both piano and the law. Practicing implies that he is always learning more, and the more he learns, the more he realizes how much more there is to learn. Both music and law involve communication skills and collaboration; and music is governed by rules of harmony and rhythm, while law too is governed by rules. If you are an attorney who used to play music long ago, and sometimes you think about playing or singing again, maybe this story will inspire you to search for your old instrument, pull it out of the attic or closet, and try it out. You can attend one of the many music camps, join a Meetup.com group, or go to a music festival, and you will meet new people and discover the satisfaction and fun that music can bring into your life.
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
23
FEATURE STORY
Ellen Taylor is the Associate Director of California Lawyers for the Arts. Ann Kanter is a member of the Sacramento Advisory Committee of California Lawyers for the Arts, a Bar-certified specialist, and the principal of Kanter Immigration Law Office.
CREATIVE ADVOCATES
Five Lawyers for the Arts
by Ann Kanter and Ellen Taylor
David Post David Post is the son of wellknown Northern California artists, the late Helen and Alan Post. Setting an example as California’s first Legislative Analyst, Alan Post advised his son to have a profession in order to make a living while pursuing an artistic career. Post grew up taking painting and sketching trips, especially to the family vacation home in Spain which he continues to visit today. Wayne Thiebaud was a family friend who once
David Post
brought New York art gallery owner Alan Stone to visit the Posts. Stone admired, and then bought, one of young David Post’s paintings—for $5.00. Post took only one art course at Occidental College, but some of his Bodega Bay paintings were selected for a college art show, inspiring him to continue painting. After stints in the Peace Corps and the National
Photo by Stefan Schmid
S
acramento’s legal community plays an important role in arts development—as patrons, consultants, sponsors, and audience members for the more than 200 arts organizations in our city. According to the Sacramento Metropolitan Arts Commission, the arts and culture industry contributes $112 million to our local economy. This article features five Sacramento attorneys, arts advocates who also follow their own muse and are gaining regional and national recognition for themselves as creative artists.
Guard, he began his career in Sacramento as a lawyer with McDonough Holland & Allen. In 1987, Post spent his fourmonth law firm sabbatical in Europe with his family, and came home with a body of artwork that was first shown at the City Gallery. Many successful art shows followed, but for Post, painting was most importantly a way to bond with his father. They had a rare, lifelong artistic collaboration, critiquing one another’s paintings and talking about current events. Post describes his work as “primarily representational—although not narrative—and occasionally abstract.” His themes are landscapes, still-lifes, abstracts, and figurative. He paints primarily with acrylics and occasionally with oils. “It’s all dominated by composition,” he says. “Most important are the color relationships and the compositional elements…You paint because you are inspired by what you look at, but more importantly, you are inspired by what you create by your inter-
Paintings by David Post, L to R: Paris Skyline, acrylic on canvas, 48” x 72”; Paris, Green Roof, acrylic on linen, 48” x 36”; Outdoor Market, acrylic on paper, 19” x 24.5”; Italian Cityscape , oil on linen, 40” x 40”
24
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
pretation of what you see. It’s not the technique; it’s the emotion that you put into what you see. You try very hard to make what you see personal….Some days you got it, some days you don’t, but you keep working until it comes to you.” These days, Post paints every day for a few hours in his home studio. He sketches incessantly, and especially while traveling. Post had two shows last year at The Temporary Contemporary Gallery on Del Paso Boulevard, and he is currently creating work for a new show. His webpage, davidpost-art. com, contains additional information.
Michael Solomon During the 1990’s, David Post’s paintings were frequently on display at the Solomon Dubnick Gallery, one of Sacramento’s premier galleries first managed by Shirley Dubnick, sister of Russ Solomon, the founder of Tower Records, and later by Russ Solomon’s son, Michael. The Solomon family has supported artists and the art community, collected, and sold contemporary fine art in Northern California for over 60 years. Michael Solomon is a native of Sacramento who is not only a patron of the arts and an important legal adviser to the arts community, but also an accomplished photographer. After graduating from U.C. Hastings College of Law, Solomon moved to rural Humboldt County as an “urban refu-
Photo by Russ Solomon
FEATURE STORY
Michael Solomon
gee,” where he hung up a shingle and began providing legal services as well as hosting numerous art exhibits in his office to support local artists—and to always have new, stimulating art on the walls. In 1987, Solomon returned to Sacramento to work as Legal Counsel for Tower Records, where he negotiated over 150 real estate deals and was well versed in entertainment law, skills he now uses representing businesses and artists in real estate matters, gallery contract agreements, and estate planning. In the early 80’s, Tower opened Tower Graphics and Framing which subsequently morphed into Tower Gallery, a local gallery selling high-end limited edition prints. In 1998, Tower Records transferred the Solomon Dubnick Gallery to the Solomon family, and it continued to operate through November 2010 with Solomon as owner and director.
Solomon has served for years on the statewide Board of Directors of California Lawyers for the Arts (CLA), as well as with its lawyer referral service. He has juried many art exhibits, including a 2010 CLA exhibit at the Sacramento Law library, entitled “Creative Mergers,” on the theme of justice and freedom. In his law office-gallery, he has hosted the Modern Masters Art Contest for high school students, sponsored by the Protect and Defend Dialogue on America. Solomon has held several exhibitions of his own fine art photography and published a book of photographs entitled Let’s Go See Some Jazz. Solomon has sold pieces, but prefers to donate them to local causes he considers important. He fondly remembers donating a picture of David Brubeck together with a signed piano key to the KVIE auction. “To me, the most interesting pictures are of people. The most interesting pictures are of famous people or people you know or recognize. A great photographer has access to wellknown people. There are great photographers who take pictures of people in the street. I’m more like that—a street photographer.” He brings his camera with him everywhere he goes, or at least uses his iPhone. He explains, “I like to take portraits. Next in line would be architecture and last would be landscapes. Those are the hardest. I love fashion photography too.”
Photos by Michael Solomon, L to R: Dave Brubeck 1997, The Galaxy Diner, Mick Jagger 1999 www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
25
FEATURE STORY
Ron Tochterman
Ron Tochterman Judge Ron Tochterman retired from the bench January 1, 2011, but he has been writing fiction ever since. The first short story he submitted, entitled “The Law in His Hands,” won a $150 prize from Friends of the Sacramento Public Library in 2006. In 2010, Tochterman and his friend, artist Jerald Silva, challenged each other to write a play, and since then Tochterman has been writing for the theater. His plays, “Settling out of Court,” “Ethics”, “Conscience”, “Too Jewish”, and “Judicial Education” have been produced at one-act play festivals in New York, Maryland, and Washington. Tochterman compares great theater to an interesting trial: “It has dramatic tension. How is it going to turn out? Often, it is not open and shut at all.” He says that as a trial lawyer “you are trying, in effect, to produce a play. You want to present the evidence in the most interesting and convincing way.” Tochterman thinks his 32 years of experience as a judge have helped him develop an ear for what rings true. “You listen to what the witness says and how he or she says it. Maybe they sound affected because they’re
26
trying to speak like the people on TV. Even truthful witnesses can come across as untruthful because of nervousness. You make allowances.” At his computer every day from 8:00 to 9:30 a.m., he usually begins by writing a short story, which he then makes into a play, compressing it, making it sharper. The process does not wear on him: “It is not tedious at all, I love it. It is thrilling to see actors make a story you have written as a play come alive in real time.” He acknowledges it can be frustrating to watch when actors mangle his words, but when they do a good job he feels grateful and satisfied. He also found satisfaction as a trial lawyer, but of a different kind. He says, “I am so happy to be doing something other than law.” The retired judge also uses skills he developed as a criminal procedure and evidence professor at Pacific McGeorge and U.C. Davis. Since retirement, he has taught several literature courses for the Renaissance Society at Sacramento State. Tochterman claims to have virtually no imagination. “Almost everything I write,” he says, “comes from a case I prosecuted or presided over.” But his current Renaissance Society course, entitled “The Injustice System,” is based on a book by attorney Clive Stafford Smith about a double murder in Miami in 1986. Stafford Smith has won new evidentiary hearings—but not exoneration—for his client, Kris Maharaj, a businessman who has served more than 27 years in prison. The author has given Tochterman permission to write a play based on the book. The play’s working title “Actual Innocence,” comes from a case in which the Supreme Court held that actual innocence cannot be a basis for federal court habeas corpus relief.
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
Natalie Vance
Natalie Vance Klinedinst (Sacramento) Managing Shareholder Natalie Vance is a published author. Vance explains, “Turning 40 was a wake-up call for me. I knew if I didn’t make the time to write a novel then, I would never fulfill my lifelong dream of having a book published. From that point on, I set aside 4-5 hours each weekend to write, and kept at it until I had a draft of a young adult novel.” That manuscript landed Vance an agent and book deals with two different publishers. Writing under the name “Talia Vance,” Vance now has three published novels for young adults, with more to follow. “Writing novels,” Vance concludes, “helps me to escape the pressures of a busy law practice, exercise my story-telling muscles, and think more creatively, all benefits that have crossed over into my practice.”
Anthony Garafola Anthony Garafola is a self-taught artist who primarily paints in oils, but enjoys experimenting with a variety of media. He found inspiration in the arts as a child. In the 4th grade, a friendship with the late ceramicist,
FEATURE STORY Tom Ripon, influenced Garafola to begin cartooning, drawing cars, experimenting with painting and developing his imagination. He has since augmented his artistic education with a number of workshops taught by local artists, including Terry Miura (Fair Oaks landscape oil painter), Phillippe Gandiol (oil painter), and Bryan Mark Taylor (San Francisco bay area plein air landscape painter). Garafola has studied the Old Masters style of painting with oils and was encouraged to copy a classic portrait painting, “Girl with a Pearl Earring,” as his first exercise in that style. On a lark, he entered it in the annual Barton Gallery Fabulous Forgeries Show, and it won best of show. Subsequently, the piece was shown at Creative Mergers, the art show produced by CLA, where it was sold for a record price and is now in a private collection. He has since moved on to other styles of painting and now experiments with three-dimensional works and other media.
Anthony Garafola
Garafola considers practicing law his third career, having worked in the retail and telecommunications industries before becoming an attorney. It was during his time at AT&T that Garafola made the decision to study law and entered the evening program at Pacific McGeorge. He began working for a local boutique business law firm in 2000 and opened his own law practice seven years ago. His practice now focuses on small businesses and their owners. In addition, Garafola has carved out a unique niche in the area of art law. In that capacity, he has represented numerous artists in contractual disputes, copyright matters, estate planning, and business formations. When a major institution lost or destroyed a number of pieces of a prominent artist’s work, Garafola stepped in and was able to resolve the issue to everyone’s satisfaction. This is a recurring problem for artists, and Garafola has been glad to help. Garafola is a member of CLA’s lawyer referral service, as well as its Sacramento Advisory Committee. He finds that his connection to CLA gives him an opportunity to interact with artists and lawyers of similar interests and provides him with a unique way to contribute to the artistic community.
These five Sacramento lawyers have drawn inspiration from the challenging and emotional world of law practice to create works of beauty, while using their legal skills to support their fellow artists. In venues ranging from courtroom to boardroom, from street scenes to theater lobbies to plein air Delta landscapes, they are firmly rooted in Sacramento’s growing and vibrant arts community.
ABOUT THE AUTHOR: Ann Kanter is a graduate of U.C. Hastings College of Law, has authored numerous articles in her career of over 39 years, and is a past national board member of the American Immigration Lawyers Association and a former Visiting Professor at U.C. Davis Law School. She has participated in poetry and nonfiction readings with the Sacramento literary community and was selected for the Squaw Valley Writers Conference and the Naropa University Summer Writing Program. She currently chairs the Modern Masters Arts Contest for the Operation Protect and Defend Dialogue on America. As an immigration attorney, Kanter has provided pro bono visa services to the Sacramento Ballet, one of the country’s premier regional ballet companies which attracts young dancers from abroad through a rigorous audition process. “Dance was a big part of my high school and college life, and it’s a joy to reconnect with that world in client meetings with these extraordinary young performers and choreographers. My job is to make sure that they return from their summer engagements in Japan or Australia with visas in hand in time for their demanding Fall rehearsal schedule here in Sacramento.”
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
27
SACRAMENTO COUNTY BAR ASSOCIATION
Join 100% SCBA Club If your ямБrm would like to be added to the list of SCBA 100% Club Firms, contact the SCBA staff today.
916.564.3780
28
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
#1
Half Page Ad: Joe Genshlea Law and Mediation September/October 2013 issue MAGAZINE
#1 Dennis M. Wilson is certified by the California State Bar as a Family Law Specialist. Among other family law services, he drafts Domestic Relations Orders (DROs), including Qualified Domestic Relations Orders (QDROs) for ERISA plans and other orders for dividing retirement plans, for attorneys and their clients. The firm offers a flat rate for services, allowing attorneys the flexibility of Pleaseitsfax back to (916) 564-3787 negotiating settlement for their clients, or email back the tobest Mary Burroughs mburroughs@sacbar.org while it drafts the DRO. If you are in need of some assistance with a QDRO or other DRO, do not hesitate to contact us.
Thank you!
A D 1/4Ppage R Ad OOF Jan/Feb 2015
Approval is needed to run your ad, please check appropriate box below. Proof OK as is Correction needed See a second proof OK with corrections
SIGN
DATE
1120 Iron Point Rd. Suite 100 Folsom, CA 95630 Telephone: (916) 608-8891 Fax: (916) 608-8892 http://www.wilsonlawfirmca.com/ Approval is needed to run your ad, please check appropriate box below. Proof OK as is Correction needed See a second proof OK with corrections SIGN ___________________________ DATE__________
Please fax back to (916) 564-3787 or email back to SALES@SACBAR.ORG or call (916) 564-3780
Thank you!
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
29
SECTION & AFFILIATE NEWS
Pam Jones is the principal of the Law Offices of Pamela Jones and 2015 President of the SCBA’s Probate and Estate Planning Section. She may be contacted at Pam@pamjoneslaw.com.
Hall of Fame, 2001 Lawyers, since 1986 rs since inception ception, recently:
Susan C. Hill Acknowledged e Litigation,by the SCBA’s Probate and al Litigation,Estate Planning Section
2012, 2013, by 2014Pam 2013, 2014 ce, 2012, 2013, 2014 2013, 2014
Jones and Mary K. deLeo
Mary K. deLeo is a senior attorney the law n California State Bar Trial Lawyer Hall ofwith Fame, 2001firm of
Weintraub Tobin Chediak Corporation in Sacramento n Fellow, AmericanColeman College Grodin of TrialLaw Lawyers, since 1986 and thencurrent Vice-President and Estate Planning of the Probate Northern California Super Lawyers since inception Section. She mayn be contacted Best LawyersatinMDeLeo@weintraub.com. America since inception, recently:
Who knows the vagaries of litigation better than a trial lawyer?
u Lawyer of the year, Real Estate Litigation,
2014 and established a positive and solid rePublicSacramento, Service Award, Lawyer of the Commercial u lationship with theYear, bench duringLitigation, a time of dramatic change Sacramento 2010 in the operation of Department 129 at the Power Inn Courtu Bet the Company Litigation, 2012, 2013, 2014 house. Susan was an advocate for the section who took the u Commercial Litigation, 2012, 2013, 2014 time utoLitigation-Banking listen to members, bring their and Finance, 2012, concerns 2013, 2014to the bench or touSCBA, and toEstate, implement changes Litigation-Real 2012, 2013, 2014to accommodate the needs and desires of the section. The members of the section thank Susan for her work and wish her continued success with her position on the Board of the SCBA. Incoming 2015 officers of the Probate and Estate Planning Section are listed below:
Chair:
5-8446
law.com
Susan C. Hill, outgoing Chair, receives an award from the Probate and Estate Planning Section. From left, Daniel A. Hunt, Penny R. Brown, Susan C. Hill, Pamela Joe@GenshleaLaw.com Jones, and Mary K. deLeo.
O/ (916) 525-8444
Vice Chair:
C/ (916) 825-9952
Pamela Jones Law Offices of Pamela Jones Mary K. deLeo Weintraub Tobin Chediak F/Coleman (916) 525-8446 Grodin Law Corporation
S
400C.Capitol / Suite 1750 / Sacramento, www.genshlealaw.com Daniel A. Hunt usan Hill of Mall Hill Law Offices, PC, received an awardCA 95814 Secretary: Law Offices of Daniel A. Hunt to acknowledge and thank her for her outstanding serSacramento County Public Law Library vice to the Probate1/8 andPage Estate Planning Section of the SCBA. Ad: SCBA 2015 Penny R. Brown Treasurer: Susan served as Treasurer in 2011, Secretary Buzz Wiesenfeld ad in 2012, Vice Boutin Jones, Inc. Chair in 2013, andJuly/Aaugust Chair of the section in issue 2014. During her 2014
R
MAGAZINE Half Ad: years of service, Susan provided strong leadfourPage continuous theMediation section. She was the main force Genshlea Law to and O Joe Oership F and direction driving the successful effort obtain California State Bar leSeptember/October 2013toissue
#2
AD PROOF
S AC R A M E N TO C O U N T Y B A R A S S O C I AT I O N
PROBATE AND ESTATE PLANNING
d to run your gal ad, specialist credit for attendance at section luncheons. She priate box below.
was instrumental in establishing the annual Jean C. McEvoy
is
eeded
Buzz Wiesenfeld MEDIATOR
d proof
ections
DATE
20+ Years Experience Proven Record of Success Online Calendar Quick & Easy Scheduling
Please fax back to (916) 564-3787 or email back to Mary Burroughs buzzwiesenfeld.com | (916) 442-1551 mburroughs@sacbar.org
30
Thank you!
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
LAW SECTION MAGAZINE
1/8 pageand Event #1MCLE AD P RAdOMarch O F Happy Hour
DATE: Friday SPEAKERS: to run13, your ad, March 2015 PatriciaApproval A. Cain is needed please check appropriate box below. Professor Cain is a national TIME: 2:00pm - 4:00pm
FREE SERVICE FOR ATTORNEYS!
PRICING INFORMAT
Members (SacLEGAL SCBA Prob Section): $
expert in federal tax law and sexuality and the law, and Proof OK is currently a faculty member at Santa Clara University School of Law.
PLACE: McGeorge as is School of Law, (Classroom C) Fifth Ave. Sacramento Correction3200 needed
Need a case or law review article? Want to see if your case is still “good law?”Non-Members TIME: 4:00pm - 6:00pm
the Reference Desk at reference@saclaw.org or call PLACE: T O P I C :Email See a second proof
Attorney (0-3 years):
OK 5with corrections Limit documents per day, per attorney.
Non-attorneys
Happy Hour after 916-874-6012 with a complete citation, and a librarian will Federal Taxes and at Oak Park email you the document within 24 hours. Same-sex Marriage Brewery You may pay by credit card or check payable to: “Sacramento County Bar
Students: FR
MCLE Association” mail payment to: 609 9th • Sacramento, CA 95814 | 916-874-6011 www.saclaw.org Sacramento County Bar| Association, 2.0 Street Hour MCLE** Attn: Probate Section, 1329 Howe Avenue #100, Sacramento, C General Law www.facebook/saclawlib or paywww.twitter/saclawlibrarian online at www.sacbar.org-Event Calendar. Elimination of Bias
SIGN
If you have any questions please contact Martha Fenchen at mfenchen@sacbar.org or 916-564-3780
DATE
Approval is needed to run your ad,follow at Oak Park Brewery, 3514 Broadway Happy Hour to immediately
The
LAWYER’S
LENDER BRADLEY L’ENGLE, ESQ
Practiced real estate law for several years in the Sacramento area before becoming a loan originator in 2003.
EXPERIENCE IS THE DIFFERENCE Brad L’Engle, Esq. | Loan Originator NMLS #249309 | CA BRE #01389930 2365 Iron Point Rd. Ste. 230 Folsom, CA 95690 916.955.4306 | blengle@guildmortgage.net
www.bradlengle.com Guild Mortgage is an Equal Housing Lender; NMLS 3274. I am authorized to conduct business in the state of California and Arizona. CA BRE #01389930; Company CA BRE #00201485. AZ LO #0927569; AZ BK #0018883. All loans subject to underwriter approval; terms and conditions apply. Subject to change without notice.
Index of Advertisers 100% Club members . . . . . . . . . . . . . . . . . . . . . . . 31 American Society of Appraisers . . . . . . . . . . . . . . . . . 7 ABAS wine tasting event . . . . . . . . . . . . . . . . . . . . . 28 ADR Services (Hon. Brian R. Van Camp). . . . . . . . . . 28 Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Carol Delzer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Carroll, Burdick & McDonough . . . . . . . . . . . . . . . . 14 Casa Garden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Guild Mortgage (Brad L’Engle). . . . . . . . . . . . . . . . . 31 Crowe Horwath, LLP . . . . . . . . . . . . . . . . . . . . . . . . . 2 Eleakis & Elder . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Hon. Darrel Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . 12 First Legal Network . . . . . . . . . . . . . . . . . . . . . . . . . 29 Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Mitchell & Mitchell Insurance . . . . . . . . . . . . . . . . . 16 Northern California Collections . . . . . . . . . . . . . . . . 35 PSIC - Attorney Shield . . . . . . . . . . . . . . . . . . . . . . . . 3 Ramirez Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Sacramento County Public Law Library . . . . . . . . . . 30 Ueltzen & Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Ridge Golf Course. . . . . . . . . . . . . . . . . . . . . . . . . . 11 Wilke Fleury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Wilson Law Firm . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Women Lawyers . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SACRAMENTO COUNTY BAR ASSOCIATION
100% Club • Bartholomew & Wasznicky, LLP • Bartkiewicz Kronick & Shanahan • Best Best & Krieger LLP • Boutin Jones, Inc. • CA Dept. of Veterans Affairs • California Farm Bureau Federation • California State Lands Commission • Carothers DiSante & Freudenberger LLP • Chang Ruthenberg & Long PC • Cook Brown, LLP • Cuneo Black Ward & Missler • Downey Brand, LLP • Dreyer Babich Buccola Wood Campora, LLP • Ellison Schneider & Harris LLP • Felderstein Fitzgerald Willoughby & Pascuzzi, LLP • Greenberg Traurig • Gurnee Mason & Forestiere, LLP • Hanson Bridgett LLP • Hansen Kohls Sommer & Jacob, LLP • Hardy Erich Brown & Wilson • Hefner Stark & Marois, LLP • Hiroshima Lewis & Daggett • Jacobsen & McElroy, PC • Kennady Leavitt & Daponde PC • King Williams & Gleason LLP • Klinedinst, PC • Knox Lemmon & Anapolsky • Kronick Moskovitz Tiedemann & Girard • Langenkamp Curtis & Price, LLP • Legacy Law Group • Longyear O’Dea & Lavra LLP • Matheny Sears Linkert & Jaime LLP • Meegan Hanschu Kassenbrock • Murphy Austin Adams Schoenfeld LLP • Nossaman LLP • Olson Hagel & Fishburn LLP • Porter Scott • Randolph Cregger & Chalfant LLP • Rediger McHugh & Owensby LLP • Remy Moose Manley, LLP • Simas & Associates • Somach Simmons & Dunn • Singer & Associates Law Office • Spinelli Donald & Nott • Stoel Rives, LLP • Thomas Law Group • Timmons Owen Jansen & Tichy, Inc. • Wagner Kirkman Blaine Klomparens & Youmans, LLP • Webb & Tapella Law Corp. • Weintraub Tobin • Wilke Fleury Hoffelt Gould & Birney LLP SCBA 100% Club Firms are firms with five or more attorneys with 100 percent membership in the SCBA. We thank these firms for their generous support through their membership dues. If your firm would like to be added to the list of SCBA 100% Club Firms, contact the SCBA staff today. www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
31
AFFILIATE EVENTS
Sacramento Legal Secretaries Association (SLSA) Supporting Those Who Support You by Lynne Prescott, CCLS
As
Lynne Prescott, CCLS, has been in the legal profession for over 30 years and is employed as a legal secretary with Carroll Burdick & McDonough, LLP in Sacramento. She currently serves as President of SLSA and as Treasurer for Legal Secretaries, Incorporated. She may be contacted at lprescott@cbmlaw.com.
cedures, updates from the courts, and law office products attorneys, you trust that your staff is skilled, knowland management. edgeable, experienced, educated, and trained in LSI held 38 educational classes in 2014, including 24 their particular support position. But let me ask, do you Legal Specialization Section workshops, and four workknow how your staff members keep their legal skills current? shops presented by its Continuing Education Council. Four What are they doing for continuing education? Do you know seminars were conducted for those seeking certification as what seminars they have attended, what publications they a CCLS (California Certified Legal Secretary). LSI also preare reviewing, what legal references they keep within arm’s sented six online courses and webinars covering beginning reach? What professional associations are your employees legal secretarial training, discovery, table of authorities, the members of, or involved in? You have the SCBA. Where does Affordable Health Care Act, and your staff go? study groups for CCLS candiFounded in 1940, SLSA was dates. LSI’s quarterly magazine, organized for the purpose of proThe Legal Secretary, published edviding educational opportunities ucational articles from judges, atand training for legal support torneys, court officials, and legal professionals. Today, SLSA, along support professionals throughout with its parent corporation Legal California. Secretaries, Incorporated (LSI), is Between SLSA and LSI, over one of the leading nonprofit orga70 educational and training renizations in California providing sources were presented in 2014 educational, professional, and alone. Even more remarkable personal development programs is that all of these educational to legal professionals. SLSA and opportunities were organized, LSI are committed to furthering planned, authored, presented knowledge of law and its proceand taught by volunteers. SLSA dures, promoting a high standard Mary Burroughs, Bruce Timm, Lynne Prescott and LSI are State Bar-approved of ethics, encouraging a statewide MCLE providers. Both SLSA and LSI offer scholarships for networking system, and advancing the interests of its mempersons pursuing a career in the legal field. bers and the legal community. Membership in SLSA is open to all members of the legal One of the most important benefits SLSA members encommunity, including attorneys, legal secretaries, paralegals, joy is access to affordable, quality, continuing legal educaand other persons engaged in work of a legal nature. Assocition. Members also receive significantly discounted rates on ate and student memberships are also available. Membership continuing education workshops, online training, and pubis not required to attend monthly meetings, participate in lications and reference guides specifically written for legal educational programs, or purchase publications. support professionals through LSI. Dinner meetings are held monthly and include an eduFor example, in 2014, SLSA presented 17 separate edcational program. Details on meeting dates, membership, upucational opportunities to legal professionals in the Sacracoming events, and other information can be found at www. mento area. These included nine monthly educational proslsa.org. Information on LSI can be found at www.lsi.org. grams and two major Day in Court events (court updates This year, SLSA celebrates 75 years of educating Sacmeetings with local and surrounding Superior Courts, the ramento area legal professionals and setting a standard of Third District Court of Appeal, and the U.S. District Court, excellence that is unmatched. SLSA offers the educational Eastern District). SLSA also held its Annual Mock Trial and and professional development resources to help your staff four Lunch Lessons, and conducted two Beginning Legal feel confident in their skills, and provides you with the best Secretarial Training courses. Each issue of SLSA’s monthly support for those who support you. publication, The Legal Eagle, contained articles on legal pro-
32
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
SACRAMENTO COUNTY BAR ASSOCIATION
2015 MEMBERSHIP APPLICATION
Membership dues in the SCBA and SCBA Sections are not deductible as charitable contributions for federal income tax purposes. However, such dues may be deductible as a business expense. Consult your tax advisor.
NEW MEMBER
RENEWAL
Name
Payment Details: Amount $
Organization
Check #
Address
Credit Card:
City/State/Zip Phone
(
)
Fax
(
)
Visa
__ __ __ __-__ __ __ __-__ __ __ __-__ __ __ __ Exp: ________ / _________
Email State Bar #
Year Admitted
$37.00 $40.00 $80.00 $90.00 $109.00 $150.00 $120.00 $160.00 $0.00 $120.00 $80.00
CVC: ___________
Signature: __________________________________________
SCBA DUES | Check one. Dues based on calendar year, not prorated. $25.00
MasterCard
Student Membership 1st year of admission to the State Bar of California - Government 1st year of admission to the State Bar of California - Private 2nd to 5th year - Government 2nd to 5th year - Private 6th to 9th year - Government 6th to 9th year - Private 10+ years - Government 10+ years - Private Honorary Membership [Judge/Justice] Associate [Non-lawyer] Retired Status
SCBA PROGRAMS
SECTIONS | Check the sections you wish to join. $20.00 $15.00 $20.00 $10.00 $20.00 $10.00 $15.00 $20.00 $20.00 $10.00 $15.00 $20.00 $10.00 $20.00 $20.00
Yes! I would like an application to join the Lawyer Referral and Information Service Yes! I would like an application to join the Mandatory Fee Arbitration Service
$15.00 $10.00
Administrative Law CODE 200 Alternative Dispute Resolution CODE 205 Appellate Law CODE 225 Bankruptcy and Commercial Law CODE 210 Business Law CODE 215 Children’s Counsel CODE 220 Civil Litigation CODE 250 Environmental Law CODE 230 Family Law CODE 235 Health Care CODE 240 Intellectual Property CODE 245 Labor and Employment Law CODE 255 Probate and Estate Planning CODE 260 Public Law CODE 275 Real Property CODE 270 Tax Law CODE 280 Workers Compensation CODE 285
Remit by mail/email/fax to Sacramento County Bar Association at 1329 Howe Ave #100, Sacramento, CA 95825 Email: scba@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787 Page 1 of 2
www.sacbar.org | March/April 2015 | SACRAMENTO LAWYER
33
SACRAMENTO COUNTY BAR ASSOCIATION
2015 MEMBERSHIP APPLICATION
PRACTICE AREAS | Select your Practice Areas (limit three) Administrative Law Alternative Dispute Resolution Animal Law Appellate Banking Bankruptcy Business/Corporate Civil Rights Constitutional Law Criminal Defense Education Elder Law Employee Benefits Employment & Labor Energy & Natural Resources Entertainment & Sports
Environmental Estate Planning & Probate Family Law Gaming Government & Public Entity Health Care Immigration Insurance Intellectual Property International Land Use/Zoning Landlord/Tenant Legislative & Governmental Affairs Litigation, Administrative Litigation, Business Litigation, Class Action/Mass Tort
Litigation, Construction Litigation, Debt Collection Litigation, Environmental Litigation, Employment Litigation, General Litigation, Personal Injury Litigation, Intellectual Property Litigation, Professional Liability Municipal Law Native American Law Non-profit Organizations Patent Real Estate Social Security Taxation Workers’ Compensation
COMMITTEES and TASK FORCES | Check to (re)apply Participation on committees is a worthwhile contribution to the Sacramento legal community and to the public. Committees develop policy options for the Board and recommend actions for its consideration and approval. The work of SCBA committees is varied and reflects the diverse backgrounds and talents of our members. The primary role of committees is to examine and act upon assigned tasks. The Board relies on committees to inform its decisions, and in some cases, to carry out the mission of the organization. A brief description of each committee follows. Please indicate your interests. Committee appointments are made by the incoming President, although members may be added year around depending on individual committee needs.
Annual Meeting – Organizes the SCBA Annual Meeting.
Lawyer Referral and Information Service – Governs policies concerning lawyer referrals made to the public.
Bench Bar Reception – Organizes the Bench Bar Reception. Bylaws – Oversees the bylaws; makes recommendations to
Membership – Oversees and advises the Board about member benefits and organizational marketing.
SCBA Delegation – Organizes delegates and SCBA participation
Nominations – Nominates a slate of candidates for election as Board members and recommends SCBA awards recipients.
the Board when changes are suggested.
at the Conference of California Bar Associations; drafts and reviews resolutions.
Pro Bono – Advises the Board about, and operates, the SCBA’s pro bono program.
MCLE – Oversees and advises the Board about MCLE credit.
Sacramento Lawyer Magazine Editorial – Sets policies that
Diversity Hiring and Retention – Encourages the hiring and
govern the Sacramento Lawyer.
retention of minority legal professionals.
Website – Assists with the SCBA website and its content.
Electronic/Social Media – Oversees and advises the Board
about the SCBA’s electronic media.
Fee Arbitration – Arbitrates fee disputes between attorneys and clients.
Mentorship Task Force – Oversees and advises the Board
Golf Tournament – Organizes the annual springtime golf
about the SCBA’s mentorship program.
tournament.
Judiciary – Evaluates the qualifications of candidates who seek appointment to judicial positions pertaining to Sacramento County. Previous Committee/Section participation____________________________________________________________________________________
Remit by mail/email/fax to Sacramento County Bar Association at 1329 Howe Ave #100, Sacramento, CA 95825 Email: scba@sacbar.org or sign up on line at www.sacbar.org. Phone 916.564.3780 Fax 916.564.3787
34
SACRAMENTO LAWYER | March/April 2015 | www.sacbar.org
Page 2 of 2
Since 1963
Marty Anderson Vice President
Lawrence H. Cassidy President
Do your Accounts Receivables have a high balance and your bank account a low balance? • We have a staff of experienced collectors and three in house attorneys to put the cash in your bank account. • Over 100 law firms and many Fortune 500 firms select us to collect their past due accounts whether they are in the thousands or millions. • International collections recently made in England, Israel, Poland, and other countries. • Members: Commercial Law League of America. 700 Leisure Lane, Sacramento, CA 95815 Phone 916.929.7811 ext 222 | Fax 916.929.5125 | Email norcal@covad.net
SACRAMENTO SACRAMENTO COUNTY COUNTY BAR BAR ASSOCIATION ASSOCIATIONMAGAZINE MAGAZINE
1329 1329 Howe Howe Ave., Ave., #100 #100 •• Sacramento, Sacramento,CA CA95825 95825
SCBA Annual Meeting Operation Protect and Defend,of the Year Honoring Distinguished Attorney Sacramento County Bar Association and Federal Bar Association Sacramento Justice ArthurChapter Scotland Proudly Present
Annual Law Day DinnerInstalling Celebration 2015 SCBA
DATE: Thursday, May 7, 2015 • TIME: 5:30 – 8:30 p.m. PLACE: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento KEYNOTE SPEAKER: Renowned Loyola Law School Professor Laurie Levenson Recognizing 100% Firms
Officers & Directors GOLD SPONSORS
PLATINUM SPONSORS
DATE Monday December 15, 2014
Hon. Frank C. Damrell, Jr. (Ret.)
TIME SILVER SPONSORS MCLE Prior to Annual Meeting 11:30 Check in Shaw Valenza LLP • Leonard M. Friedman Bar Association Young, Minney & Corr • Downey BrandFREE LLP for SCBA Members 12:00 Lunch Goodman & Associates • Kanter Immigration Law Office Medina McKelvey LLP • Littler Mendelson, P.C. BRONZE SPONSORS
$100 for Non-Members Jacobsen & McElroy PC • Women Lawyers of Sacramento University of the Pacific, McGeorge School Law - Topic: “Attorney 1 HourofEthics Fees, Law Offices of Kaizuka & Valcarenghi ABAS and ABAS Law Foundation Practically and Ethically” Capitol City Trial Lawyers Association
Speaker: Kenneth Bacon of Mastagni Holstedt
PLACE Sheraton Grand 1230 J Street
Price: $65 per ticket. To reserve your place and/or sponsor a student, please RSVP by mail to Adriana C. Cervantes at Porter Scott, 10:30-11:30am 350 University Ave., Suite 200, Sacramento, CA 95825, by email at acervantes@porterscott.com, online website at www.OperationProtectAndDefend.com All checks should be made payable to “Kennedy Library & Learning Center.” No RSVP is finalized without payment.
Keynote Speaker: Phone number: ______________________________Email: _________________________________________________________ Chief Justice of California
Name: ______________________________________Organization/Company: __________________________________________
I wish to purchase: _________ tickets at ($65 each) and donate _________ student tickets at ($65 each) TOTAL purchase $ _______________
Tani Cantil-Sakauye
Menu choice Menu choice Attendee name (salmon, chicken, or vegetarian) Attendee name (salmon, chicken, or vegetarian) ___________________________________________________________________________________________________________________________________
Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. ___________________________________________________________________________________________________________________________________ After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825