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March/April 2019
Disclosures Introducing Required to Clients before Mediation Sacramento’s 100% Club 2019 New Judges SACRAMENTO COUNTY BAR ASSOCIATION
JUDICATE WEST IS PROUD TO OFFER THE SERVICES OF THESE RESPECTED NORTHERN CALIFORNIA NEUTRALS Melissa Blair Aliotti, Esq. Alan R. Berkowitz, Esq. Sarah F. Burke, Esq. Douglas deVries, Esq. Rachel K. Ehrlich, Esq. Susan G. Feder, Esq. Jeffrey A. Harper, Esq. Hon. Hurl Johnson, Ret. David J. Meadows, Esq. Jeffery Owensby, Esq. Herman D. Papa, Esq. David L. Perrault, Esq. Mark D. Petersen, Esq. Robert Slattery, Esq. Hon. Donald J. Sullivan, Ret. Bradley Thomas, Esq. Peter Thompson, Esq. Hon. Michael G. Virga, Ret. Buzz Wiesenfeld, Esq. Russ J. Wunderli, Esq.
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EDITOR’S MESSAGE
Betsy S. Kimball, Co-Editor-in-Chief
ADVERTISING OPPORTUNITIES
Introducing …
F
or the past four years, the March/ April issue of Sacramento Lawyer has focused on lawyers who do interesting, good, unique, etc. things. This year’s March/April issue all but announced itself to us after I counted the number of recently-appointed judges here in Sacramento (7). Voilà, this issue’s cover story, Lawyers Who Have Become Judges - Introducing Sacramento’s New Judges. The help and cooperation of about 10 people was necessary to get this story done, and only through the good humor of the participants – and despite the weather – did the photo shoot happen. Special thanks to Baliff Oscar for keeping photographer Mark Long’s equipment from blowing off the 6th floor “terrace” of the courthouse. I have another introduction to make. I have been Editor now for five years, and it is (past) time to add a Co-Editor. Ellen Arabian-Lee thus joins me as Co-Editor. Ellen is no stranger to these pages or this legal community. Better still, she is active in legal publications. While earning her law degree at Santa Clara, Ellen was an editor of the law school’s Computer and High Technol-
Gain access to Sacramento’s legal community and market your name to key decision makers. EDITORS-IN-CHIEF
ogy Law Journal. After joining a large law firm, Ellen started and published her law firm’s monthly newsletter which was circulated to clients and other lawyers. While on the Board of Women Lawyers of Sacramento, she published its monthly newsletter for many years. She is currently the Co-Editor-in-Chief of the Defense Comment magazine, published by the Association of Defense Counsel of Northern California and Nevada, where she also serves on the Board as the Secretary/Treasurer. After working in law firms for over 23 years, Ellen started Arabian-Lee Law Corporation five years ago. She handles employment law matters and provides regulatory compliance services and onsite seminars for management teams. Ellen also defends personal injury actions and business litigation disputes. She is “AV” rated by Martindale-Hubbell and has been recognized in publications such as Sacramento Magazine. Ellen also has a busy family life, with a 9-year old daughter and son in pre-med at UC Davis, plus two stepsons. Ellen and her husband live in Folsom, and her office is in Roseville.
IT PAYS TO BE A SCBA MEMBER! * FREE classified advertising * Conference room rental * Lower pricing on MCLE
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SCBA
SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
Betsy S. Kimball Ellen Arabian-Lee Editor@sacbar.org M A G A Z I N E
STAFF EDITOR 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 THIS WEEK AT THE BAR
eNewsletter
PRODUCTION DESIGN Milenko Vlaisavljevic
ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Sean McCoy - President Shanae Buffington - 1st Vice President Trevor Carson - 2nd Vice President Bryan Hawkins - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org
EVENTCalendar
Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, 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, Postmaster: The SCBACalifornia. publishes a Send address changes to Sacramento Bi-Monthly full color Lawyer, 425 University Ave., Suite 120, Sacramento, Magazine, Annual Legal CA 95825. Copyright 2019 by the SacraDirectory, and a weekly mento County Bar Association.
eNewsletter all with an on-line version that has Each author’s commentary reflects his/her embedded.com click through individual opinion only and not that of to all published websites!
his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer www.sacbar.org | 916.564.3780 magazine, unless otherwise stated.
CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION
MARCH / APRIL 2019
MAGAZINE
VOLUME 119, NUMBER 2
COVER STORY 16 Introducing Sacramento’s New Judges
ARTICLES 22 Required Disclosures to Clients before Mediation
AI 10 The Growth of Document Review AI
16
IN MEMORIAM 12 Sacramento Mourns the Loss of Judge Alice A. Lytle (Ret.)
EVENTS 8
Sacramento County Bar Foundation Supports NP3 Mock Trial Program
14 The Valentine Run/Walk Put the “Fun” in Fundraiser!
14
12
SECTIONS, DIVISIONS AND AFFILIATES 24 Barristers’ Club Update 26 Solo/Small Practice Division
DEPARTMENTS 4
Editor’s Message
6
President’s Message
8 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.
Introducing Sacramento’s New Judges
www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
5
PRESIDENT’S MESSAGE Sean M. McCoy President, Sacramento County Bar Association
March by Sean M. McCoy
W
omen and men descended on Washington, D.C., ware Eurie and Emily Vasquez on a panel moderated by to march on the National Mall in support of equalSCBA board member Andi Liebenbaum. The judges will ity. As is all too customary at such events, the marchers be discussing issues of gender and equality, plus trials and and speakers endured heckling and harassment from those tribulations each has faced along the way and which still who opposed or merely did not understand their goals. confront women in the legal profession. We hope you will While this describes any number of marches and rallies in join them for this event. recent years, the one I refer to occurred And if hearing from those impresa little over 100 years ago on March 3, sive jurists inspires you to help make 1913, the day before the inauguration a change, consider Kids Law Day. As The SCBA has a need of Woodrow Wilson. I can’t say whether I mentioned in my last column, this the march itself produced any immediprogram was started in 2017 by forfor volunteers. If you ate benefit, but the efforts of those who mer SCBA President Sabrina Thommarched helped push Congress to apare unsure how you can as to send attorneys, paralegals, and proving the 19th Amendment in 1919, legal secretaries to visit elementary and then to its ratification by 36 states help, contact us and we schools with the goal of educating and by August 1920. inspiring children about legal careers. can tell you. No matter This year, the program is being coorInternational Women’s Day has been recognized in some form since dinated by 1st Vice President Shanae how little time you have, Buffington, with some material assis1909. President Carter proclaimed the week of March 8 of 1980 as National tance from the Sacramento County Bar we can use your help. Women’s History Week, and, in 1987, Foundation. Congress declared March as National Although it is still two months away, Women’s History Month. This year, the please save the date of May 6. The SCBA’s theme for International Women’s Day is #BalanceforBetsixth annual golf tournament returns from its hiatus last year. ter, and it is intended to promote equality through a genThe tournament will be held at the Haggin Oaks Golf Complex der balanced world. and will be followed that same evening by our 2019 BarStock, As part of our own recognition of International Woman evening of fun, food, and music. en’s Day, on March 8, the SCBA will host a breakfast series Finally, I would be remiss if I did not encourage you to event featuring several notable women on our local courts. volunteer. The SCBA has a need for volunteers. If you are United States District Judge Kimberly Mueller will be unsure how you can help, contact us and we can tell you. No joined by Sacramento Superior Court Judges Stacy Boulmatter how little time you have, we can use your help.
EVENTCalendar
THE SACRAMENTO LAWYER HAS GONE DIGITAL!
Sacramento County Public Law Library Now Offers Passports! Call 916-874-5625 609 9th Street Sacramento, CA 95814
Same week appointments are available! May/June 2014
Did you know that by the year 2020 all domestic air travel requires a federally compliant form of identification? For just $65 the Sacramento County Public Law Library can issue you a wallet sized passport card valid for 10 years and good for not only domestic air travel but also grants access to:
Skip the line and give us a call at 916-874-5625 to schedule your appointment.
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SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
Now you can enjoy news articles from your computer or phone! www.sacbar.org
• • • •
CONTACT Canada 916.564.3780 Mexico The Caribbean dlaughter@sacbar.org Bermuda
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www.sacbar.org | January/February 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL
Advertiser: Ken Malovos
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EVENTS
Stephen Duvernay is the Vice
Sacramento County Bar Foundation Supports NP3 Mock Trial Program by Stephen Duvernay
President of the Sacramento County Bar Foundation. He can be contacted at steve@benbrooklawgroup.
Foundation Vice President Steve Duvernay with NP3 mock trial team members Jakob Franco, Isabel Penman, Irida Ayrapetyan, Safal Mengi, Hadeel Zidan, Caroll Loupeda, Luke Brenner, and coach Staci Osborn
E
ach year, the Sacramento County Bar Foundation issues grants to organizations in the Sacramento region that improve the administration of justice, enhance public confidence in the legal profession, cultivate understanding of and respect for the rule of law, and support law-related public services. Last year, the Foundation issued three grants: $4,000 to the Natomas Pacific Pathways Preparatory High School mock trial program, $2,000 to the Center for Workers’ Rights, and $2,000 to the Sacramento Justice League. Over the coming months, the Foundation will be highlighting each of these organizations in the pages of Sacramento Lawyer. First up is Natomas Pacific Pathways Preparatory High School’s mock trial program. The school – commonly known as “NP3” – is a law-themed public charter high school in Natomas, which first opened in 2006 with 80
8
students and has since grown to over 600 students. The school’s competitive mock trial team exposes students to the legal profession and builds critical skills. According to NP3 teacher and mock trial coach Staci Osborn, the program “provides students with exposure to the legal field and criminal justice system, and the students benefit from learning public-speaking skills and working as a team outside of the usual classroom environment. The challenging, competitive environment builds self-confidence in our students, and they love it.” Beyond these skills, Osborn notes that there are broader benefits of the program, including the opportunity to travel for scrimmages and competitions. “Traveling to other high schools in other regions of California allows our students to meet students from different backgrounds and experiences from their own,” Osborn explained. “Many
SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
of NP3’s students have never left Sacramento. Scrimmages in the Bay Area and Southern California give students the chance to see the state – and to tour colleges to expose students to the variety of campuses and experiences that they can have after high school.” In addition to the courtroom experience, students also learn about professionalism, including the “dos and don’ts” of professional dress. To that end, the Foundation’s grant funds have been used to support travel and help provide courtroom attire for the students. Jakob Franco, NP3 senior and mock trial attorney, is thankful for the assistance. “The mock trial program has greatly helped me with my public speaking and critical thinking skills, and this grant has greatly expanded this experience with scrimmage trips to the Bay Area and San Diego,” said Franco. NP3’s efforts have paid off. In
EVENTS December, NP3 hosted a scrimmage higher-ranked teams has been incrediagainst Menlo School’s mock trial team bly rewarding,” said NP3 senior Isabel at the Superior Court, with Judges MorPenman. “As a team, we’ve been able rison England, Troy Nunley, and Jaito take away valuable tips and practice me Román presiding. Menlo mock trial from the experiences that we otherwise SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE is a perennial heavyweight, and the dewouldn’t have.” fending Northern California champion. NP3 Trial will hosting a 1329 Howe Ave., #100120 • Sacramento, CA 95825 425 University Ave., Suite •Mock Sacramento, CAbe 95825 NP3’s students were happy with their fundraising dinner at Pacific McGeorge performance. “Having the opportunion Thursday, March 14. Further inty to travel in order to compete with formation can be found on the team’s
website, https://sites.google.com/natomasunified.org/np3law/about/mock-trial, or by contacting Staci Osborn at sosborn@natomasunified.org. The Sacramento County Bar Foundation is a 501(c)(3) non-profit corporation. To volunteer, make a contribution, or for more information about the SCBF, visit its website at http://www. sacramentolawfoundation.org/.
1/2 Page Ad NOV/DEC Judge Van Camp
SCBA Annual Me Judge Brian R. Van Camp
Honoring Distinguished Attorne Justice Arthu Superior Court of CA, County of Sacramento (Ret.) •
Business & Commercial
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Installin Officers &
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Recognizing State Commissioner of Corporations - Three years
EVENTCalendar
Member, AAA Panels on: Commercial & Complex Civil
Employment & Labor
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THE SACRAMENTO MCLE PriorLAWYER to AnnualHAS Meeting FREE for SCBA Members GONE DIGITAL! $100 for Non-Members
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(916) 515-8442 Speaker: Kenneth Bacon You can view the online magazine of Mastagni Holstedt at VanCampADR.com www.sacbar.org/magazine/ 10:30-11:30am www.sacbar.org
CONTACT 916.564.3780 dlaughter@sacbar.org
1 Hour EthicsNow - Topic: “Attorney you can enjoy newsFees, articles fromand yourEthically” computer or phone! Practically Alternatives for Dispute Resolution
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www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
9
AI
Brandon Jack is a student
The Growth of Document Review AI
at Pacific McGeorge. He can be contacted at b_jack1@u.pacific.edu.
by Brandon Jack
Editor’s note: On February 11, 2019, the New York Times published an article about a recent study in which the authors reported that they had built an AI system for the diagnosis of common childhood illnesses.1 In 2018, radiologists learned of a Chinese contest which pitted an AI system against a team of 15 “senior doctors” in two rounds of competitions diagnosing brain tumors and predicting the expansion of brain hematomas. The AI system “won” handily.2 Some articles predicted the future demise of humans in radiology; others argued that humans will never be replaced. An article in Harvard Business Review gave sage advice – just as apt to lawyers as to radiologists: These professionals “will need to adopt new skills and work processes … The only radiologists whose jobs will be threatened are the ones who refuse to work with AI.”3
O
ne night last June, at Kensington Palace in London, “Luminance” was awarded “Best AI Start-Up” at The AIconics 2018. The judges selected Luminance for, among other things, its innovative approach to contract review. The delighted Luminace CEO, Emily Foges, crowed that “Luminance is truly revolutioni[z]ng contract review processes around the world.” Will Sacramento lawyers rush out and purchase Luminance? Not likely, but neither should lawyers ignore that Luminance and its competitors here. Saving time, money, and providing top service to clients are the three powerful driving forces in the legal AI market. Since the inception of computers, word processors, and easily stored electronic data into the public marketplace, lawyers have had to deal with an ever-increasing volume of information. The Luminance AI system reads, understands, analyzes, and compares vast quantities of documentation at a rapid rate while also learning from the interaction between the user and those documents. These tools, Luminace argues, permit the lawyers to focus their efforts on more important tasks that require a lawyer rather than a machine. Luminance has systems such as pattern recognition algorithms and unsupervised machine learning. The pattern recognition algorithms help the lawyer review large quantities of repetitious documents such as employment contracts, lease agreements, and purchase agreements. The software’s ability to compare and contrast increases the accuracy and efficiency of the lawyer because it can read a multitude of documents at the
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SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
same time and will never get tired or miss any important differences in documents like a tired lawyer might. Luminance’s machine learning is allegedly unique among the legal AI market - for now - because it offers “unsupervised” machine learning. Unsupervised machine learning means that the software does not need any input from a human being to identify key similarities and differences across large numbers of documents because the software learns from the user’s interactions with the documents in real time. Luminance claims to be apart from other legal AI or big data analysis algorithms in this respect because other systems usually require the user to directly supervise the machine learning algorithm for even the most basic functions. No AI roll out would be complete without addressing the fear that AI will eliminate jobs for many qualified people. No, says Luminance CEO Foges, “the legal industry should not be worried about artificial intelligence.” The advent of legal AI “is not about robots taking lawyers’ jobs; this is about technology helping lawyers to do a better job.” Foges argues that the AI platform is simply a tool that aids and will not replace the lawyer because machines cannot conduct most of the functions that are required in being a lawyer. Time will tell whether this is true. 1 https://www.nytimes.com/2019/02/11/health/artificial-intelligence-medical-diagnosis.html. 2 http://www.xinhuanet.com/english/2018-06/30/c_137292451.htm. 3 https://hbr.org/2018/03/ai-will-change-radiology-but-it-wont-replace-radiologists.
M
S
SCBA is honored to have appear on this strong, International all women Judges panel:
S
IA
ON
SAC
TI
INTERNA
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AL WO N O M TI
TO
Sacramento County Bar Association
S DAY EN’
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TY BA R
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UN CO
Keynote Speaker: Hon. Kimberly Mueller,
US District Court, Eastern District of California
Panel of: Hon. Stacy Boulware Eurie, Sacramento County Superior Court
Hon. Emily Vasquez,
8 h c r a M 2019
Sacramento County Superior Court
Friday,
with Moderator, Andi Liebenbaum on International Women’s Day. SCBA will have a sit down Q & A with these judges who have pushed the gender-equity boundaries. Panelists will discuss trials and tribulations in their journey of where they started, to where they are today.
3.0 hours MCLE
EST.1918
Elimination of Bias Credit
8:30 a.m. to 11:30 a.m.
SCBA Event Center
PRICING INFORMATION
425 University Ave., Suite 120
$75.00
SCBA Members
$95.00
Non-SCBA Members
$25.00
Breakfast Buffet
Students
Scrambled Eggs with Green Onions and Cheddar Cheese, Diced Breakfast Potatoes, Pancakes with Butter and Maple Syrup, Applewood Smoked Bacon and Sausage, Fruit Salad, Small Breakfast Pastries and Beverage YOUR NAME: _______________________________________________________ COMPANY NAME: ___________________________________________________ ADDRESS: __________________________________________________________ CITY: _____________________________ STATE: ________ ZIP: _______________
Walk-ins (without reservation) +$25.00 subject to availability RSVP: You may pay by credit card or check payable to: “Sacramento County Bar Association.” Mail payment to: Sacramento County Bar Association, Attn: SCBA Breakfast Series, 425 University Ave, Suite 120, Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact cecilia.rainey@sacbar.org or 916-564-3780.
EMAIL:_____________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ CHECK NUMBER: _________________________ EXPIRATION DATE: ___ ___ – ___ ___
MASTER CARD
VISA
CVR CODE NUMBER: ___ ___ ___
SIGNATURE: ___________________________________________________________________________________________________________________ SCBA Breakfast Series Event - 8:30 a.m. to 11:30 a.m. Friday, March 8, 2019 *No refund will be available within 5 days of event. **This activity pending for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 3.0 unit of MCLE in the Elimination of Bias Category Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.
Sacramento County Bar Association • 425 University Ave, Suite 120 • Sacramento, CA 95825 • 916-564-3780
www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
11
IN MEMORIAM
Shanae Buffington is the 2019 1st Vice President of the SCBA and an officer of the Wiley W. Manual Bar Association. She can be contacted at shanae.buffington@ edd.ca.gov.
Sacramento Mourns the Loss of Judge Alice A. Lytle (Ret.) by Shanae Buffington
On
December 21, 2018, the Sacramento legal community lost a pioneer and role model, the Honorable Alice A. Lytle (Ret.). Judge Lytle was born in Newark, New Jersey and raised in New York. In 1961, she graduated from Hunter College with a degree in physiology and public health. However, it was not until after the assassination of Rev. Dr. Martin Luther King, Jr. in 1968, that Judge Lytle was called to the practice of law. In 1973, Judge Lytle graduated from UC San Francisco’s Hastings College of Law where she worked tirelessly to achieve social justice Joe Genshlea Law and Mediation - SCBA 2015 for persons of color through her work with the Black Law Students Association and the Judge Alice A. Lytle (Ret.) National Association for the Advancement
of Colored People. In 1983, Judge Lytle was appointed to the Sacramento Municipal Court, becoming the first African-American female judge in the county. During her 20year tenure on the bench, Judge Lytle made an important impact. In particular, she was the driving force behind the establishment of La Casita, a children’s waiting room at the Gordon D. Schaber Courthouse. Later, in 1995, she was assigned to the Juvenile Division where she continued to serve for many years because she found the work rewarding. Among her many accomplishments, she created a mentoring program for juvenile wards and was a fierce advocate of early childhood development programs for teenage mothers.
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EVENTS
Photos by Rich Baum Photography
The Valentine Run/ Walk Put the “Fun” in Fundraiser!
Nanette Aubut is the Development Coordinator at LSNC. She can be contacted at naubut@ lsnc.net.
by Nanette Aubut
L
egal Services of Northern California (LSNC) hosted its sixteenth annual Valentine Run/Walk for Justice at Sacramento’s Country Club Plaza. It was a chilly morning in February, 9, but the rain held off while all ran and walked for justice! Almost 800 runners and walkers registered to participate in LSNC’s annual fundraiser, supporting the organization that has provided free legal aid to low-income Northern California residents for more than six decades. Said LSNC’s Executive Director, Gary F. Smith, “The Valentine Run is not only a vital source of financial support for LSNC, but it also gives us the opportunity each year to join with community members, and our friends and supporters in the legal community in particular, to celebrate the commitment of the Sacramento region to access to justice for our neighbors experiencing economic hardship, and to personally thank our
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supporters for their generosity.” Sponsored by more than two dozen local firms and practitioners,
including major support from Gold Sponsors Brelsford Androvich & White, Dreyer Babich Buccola Wood
Attorney Paul Starkey and his top fundraiser Beau, with Gators co-captain and attorney Lori Green
SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
Hillary Hansen, Legal Services of Northern California, female winner of the Attorney Race
EVENTS Campora LLP, Seyfarth Shaw LLP, and Orrick Herrington & Sutcliffe LLP, the run is a health-conscious and family-friendly event welcoming runners, walkers, strollers, and canine companions. Congratulations to the overall winners of Sacramento’s Fastest Attorney Race, Ollie Ehlinger, Managing Attorney of LSNC’s Solano Office, with a time of 22:31, and Hillary Hansen, from LSNC’s health project, with a time of 29:22. LSNC is the legal services organization serving the poor, older adults and people with disabilities facing legal obstacles related to housing, healthcare, public benefits, and civil rights. More than 50 advocates in eight field offices provide advice, assistance, and representation to clients who otherwise could not afford legal help.
Delfino Madden O’Malley Coyle & Koewler, LLP partners Monica Folsom, Dan Coyle, and Shaye Schrick
www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
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COVER STORY
Introducing Sacramento’s New Judges by Betsy S. Kimball
D
uring the 13 months before he left office, Gov. Jerry Brown appointed seven new judges to the Sacramento Superior Court – three in late 2017 and then, in the final months of 2018, four others as they concluded service in key positions in the Brown Administration. Four are women; three are men. Two are of South Asian ancestry. They range in ages between 37 and 57. Most, but not all, are registered Democrats. And so – with “thanks for the assist” to Presiding Judge David De Alba, to Public Information Officer Kim Pedersen, and to the seven judges themselves – the SCBA welcomes and introduces these new bench officers.
Peter K. Southworth was appointed to the bench in December 2018. He served as Chief Deputy Legal Affairs Secretary from 2014 until Gov. Brown left office. From 2013 to 2014, he served as Deputy Secretary and General Counsel for the Secretary of Transportation. Southworth earned his law degree from Columbia Law School and his undergraduate degree from Haverford College. After law school, he was a law clerk for Judge
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SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
Betsy S. Kimball is the Co-Editor-in-Chief of Sacramento Lawyer and can be contacted at editor@sacbar.org.
Ronald M. Whyte at the US District Court, Northern District of California from 1992 to 1993, and then joined Downey Brand as an associate for the next four years. Southworth moved to the Attorney General’s Office in 1997, where he served in various capacities conducting governmental and environmental/land use/natural resources litigation. “I thoroughly enjoyed litigating all kinds of cases as a lawyer,” said Southworth. “In doing so, I came to really appreciate those judges who strived their hardest to correctly and fairly adjudicate every single case, whether it was mine or someone else’s. I will strive to bring that level of effort (and hopefully some competence) to that important service to the public.”
COVER STORY not given me that nudge, I would not have applied when I did.” “I also enjoy teaching,” she notes. “I have been teaching remedies at Lincoln Law School since 2012, and I just began teaching at UC Davis Law School this year.” Talley is the mother of three teenagers and the spouse of Sacramento attorney Stuart Talley. Her 2019 assignment is to family court, Department 122.
Judge Southworth
Southworth has been married for 20 years and has two teenage boys. He lives in rural southern El Dorado County and describes as one of his hobbies “managing/maintaining a water system for a small community in the Sierras.” Southworth is assigned to Department 45 (trials) for 2019.
Jill H. Talley was appointed to the Sacramento Superior Court in December 2017. At that time, she had been serving since 2014 as Chief Counsel to the Governor’s Office of Emergency Services. Talley attended Rutgers University as an undergraduate and then Pepperdine for her law degree. She began her legal career in Los Angeles and became a partner in the small civil litigation firm of Feldman & Talley, LLP (which was later acquired by Loeb & Loeb, LLP). In 2002, Talley moved to Sacramento and joined the Attorney General’s Office in the Employment, Administration, and Mandate Section. She became a Supervising Deputy Attorney General in 2012. Asked what she misses about the practice of law, Talley responded, “I miss the thrill of victory (but not so much the agony of defeat). Most of all, I miss my last job assisting the people of California in recovering from disasters.” Talley credits Judge David De Alba for encouraging her to apply to become a judge after she tried a case in his court. “Had he
Judge Talley
Daniel J. Calabretta was appointed to the Sacramento Superior Court in November 2018. He graduated from Princeton University summa cum laude in 2000, where he had an independent concentration in bioethics. He attended law school at the University of Chicago, graduating magna cum laude in 2003. Calabretta had a clerkship with Judge William A. Fletcher on the 9th Circuit Court of Appeals from 2003-2004, followed by a clerkship for Justice John Paul Stevens from 2004-2005. Clerkships completed, Calabretta moved to San Francisco as a litigation associate for Munger, Tolles & Olson. In 2007, he joined the Government Law Section of the California Attorney General’s Office. Among other matters, Calabretta was counsel of record for the challenge to Proposition 8 (barring same-sex couples from marrying) in appellate proceedings. www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
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COVER STORY Sutcliffe LLP in the firm’s Employment Law Group, with her practice focused on gender discrimination. She was also CoChair with the State Labor Commissioner of the California Pay Equity Task Force and Chair of the California Commission on the Status of Women and Girls (an independent, nonpartisan state agency advocating for protecting and improving opportunities for California women and girls). She also served on the Board of the National Association of Women Lawyers. Damrell received her undergraduate degree from the University of Pennsylvania in 1999 and her law degree from UC Davis Law, where she was Order of the Coif. After law school and before joining Orrick, she clerked for Chief District Court Judge David F. Levi for the Eastern District of California. Asked why she decided to become a judge, Damrell responded: “I am the daughter and granddaughter of judges and grew up with a strong appreciation for public service. My role models had a deep sense of their professional responsibility to promote civility and lay the groundwork for how we live and coexist as a society. They taught me that civility is consistent with zealous advocacy and furthers the interests of justice.” Noting that she is also married to the son and grandson of judges, Damrell said, “My family experience Judge Calabretta
In August 2013, he joined the Brown Administration as a Deputy Legal Affairs Secretary, where he handled pardons, conflicts, appointments, cannabis, and matters related to the Business, Consumer Services and Housing Agency and the Government Operations Agency. Asked what he hopes to accomplish most as a judge, Calabretta responded, “I hope that the litigants who come before me, even if they disagree with my rulings, will walk away feeling that they have been heard and respected, and the attorneys will leave believing I was prepared and considered their arguments. More broadly, I hope I contribute to the reputation the Sacramento bench already has for being impartial, ethical, and highly competent.” Calabretta and his husband are raising two young boys, “as well as our rescue corgi-mix, Shorty.” He mentioned that he “really want[s] to perform work that would have an impact on specific individuals in specific matters.” He has that opportunity now in his assignment to dependency court, Department 130.
Before her December 2017 appointment to the bench, Lauri A. Damrell, was a partner Orrick, Herrington &
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SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
Judge Damrell
COVER STORY has encouraged me to broaden the debate rather than simply force my opinion on others without sufficient discussion, and to rationally evaluate arguments on both sides.” Damrell added, “I decided to become a judge because I see a larger purpose to my professional life and wanted to do more to see justice done and defend our Constitution and democratic institutions, particularly at this uncertain time in our history.” Damrell is assigned to family court, Department 123.
Agency from 2007 to 2009. He was Director of Academic Support at Pacific McGeorge from 2005 to 2007, and also worked as a national security policy associate for consulting firm Booz Allen Hamilton and an attorney at the Schuering Zimmerman firm. Dhillon is the first Sikh appointed to the court. His parents immigrated to the US from Punjab, India, in the 1950s. He is married and has two sons. Dhillon’s 2019 assignment is to Department 44 (trials).
Shama H. Mesiwala was elevated from commissioner to judge in December of 2017. After graduating from UC Davis Law in 1998, Mesiwala joined the Federal Public Defender’s Office in Sacramento and then continued her work representing indigent defendants as a staff attorney for the Central California Appellate Program. In 2004, Mesiwala started as a central staff attorney at the Third District Court of Appeal and served as a chambers attorney for Justice Ronald B. Robie from 2006 to 2017. Asked who inspired her to become a judge, Mesiwala named Justice Robie. “I had the honor and privilege of working for him for over a decade as his chambers attorney … Each day, I saw firsthand his
Judge Dhillon
Joginder S. Dhillon was appointed to the Sacramento Superior Court in December 2018. A 1982 graduate of the US Air Force Academy, Dhillon served on active duty in the Air Force for 20 years. His last active duty assignment was as the Legal Advisor to Headquarters, NORAD/US Space Command. He earned his law degree from Harvard Law School and a Master of Laws degree in intellectual property law from the University of Houston Law Center. At the time of his appointment to the bench, Dhillon was a senior advisor to Gov. Brown. He served as Chief Counsel for the California Gambling Control Commission from 2009 to 2013 and as General Counsel for the California Emergency Management
Judge Mesiwala www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
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COVER STORY intellect, grace, decency, and courage in the way he conducts himself both personally and professionally. He has set for me the highest standard of ethical behavior and tireless work ethic to which I aspire.” Mesiwala and her husband have an eight-year old son. She is a co-founder of the South Asian Bar Association of Sacramento and has co-taught Appellate Advocacy for the past six years at UC Davis Law. Mesiwala is the first South Asian-American judge appointed to the Sacramento Superior Court. Her parents were Indian Muslim immigrants to the US. It was her father, Mesiwala says, who cultivated her love of weight lifting. “He taught me and my brother the fundamentals of weight lifting in our family’s garage from Arnold Schwarzenegger’s Encyclopedia of Modern Bodybuilding, a book my father gifted us when we were in our teens.” Mesiwala is assigned to dependency court, Department 133, for 2019.
EVENTCalendar
SAVE THE DATE! DATE EVENT INFORMATION 03/01/2019 03/05/2019 03/06/2019 03/12/2019 03/14/2019 03/16/2019 03/25/2019
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Judge Lindquist
in the courthouse. I am excited to take on the new challenges this position will bring.” Asked if any particular person inspired her to become a judge, Lindquist responded, “Quite a few people have mentored me and inspired me over the years, but the one I’ll single out to thank here is Gov. Brown. … He constantly challenged me (and all of his staff) to consider history and the bigger picture without losing sight of the specific issue or case at hand.” For 2019, Lindquist is assigned to traffic court, Now you can enjoy news articles unlawful detainers, and from smallyour claims at the Carol Miller computer or phone! Justice Center. “I hope to give everyone a fair chance in my Alternatives for Dispute courtroom, to Resolution listen carefully, and view to be thoughtful in my You can the online magazine at decision making.” www.sacbar.org/magazine/ Tips for Picking a Mediator
Ethics – Independent Judgment
03/27/2019 03/29/2019 04/02/2019 04/11/2019 04/16/2019 04/16/2019
SCBA CLA Luncheon SCBA Family Law Section MCLE SCBA Environmental Law Section SCBA Solo Small Practice Division SCBA ADR Law Section MCLE Luncheon SCBA Probate & Estate Planning Law Section MCLE SCBA Leonard Friedman Bar Association MCLE
SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
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Kristina B. Lindquist received her appointment to the Sacramento bench in December 2018. At 37, she is the youngest of the seven recent appointees. Lindquist earned her law degree in 2007 from Pacific McGeorge and her undergraduate degree from the University of Notre Dame with a major in philosophy and a minor in European studies. Prior to moving to Sacramento to attend law school, she worked at Los Alamos National Laboratory. Lindquist practiced at the California Department of Corrections and Rehabilitation and Board of Equalization before going to the Governor’s Office as a Deputy Legal Affairs Secretary in 2011, where she advised Gov. Brown on grants of CONTACT parole to prison inmates, commutations, and other criminal 916.564.3780 justice issues. After reflecting on her experiences in that work, dlaughter@sacbar.org Lindquist observed, “I know the stakes are high for every case
SCBA Breakfast Series with Francine Tone SCBA Annual Vietnam War Veterans SCBA Family Law Section MCLE Luncheon SCBA ADR Law Section MCLE Luncheon SCBA Labor & Employment Law Section SCBA Probate & Estate Planning Law Section
YOUR POTENTIAL CLIENTS ARE TRYING TO FIND AN ATTORNEY RIGHT NOW! Sacramento County Bar Association can help them find YOU!
Lawyer Referral and Information Service (LRIS) Sacramento County Bar Association Office For more information contact: (916) 564-3780 referral@sacbar.org
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LRIS assists attorneys in increasing their client base. Each year the LRIS sends approximately 3000 referrals to Sacramento area attorneys. LRIS of Sacramento County Bar Association is certified by the State Bar of California. LRIS is a non-profit service.
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Melissa Blair Aliotti is a fulltime mediator, special master, and arbitrator on Judicate West’s panel of neutrals and chair the SCBA’s ADR Section. She can be contacted at Melissa@AliottiADR.com.
ARTICLES
Required Disclosures to Clients before Mediation by Melissa Blair Aliotti
E
vidence Code section 1119 serves as the foundation for California’s virtually all-encompassing mediation confidentiality mandate. Since the California Supreme Court decision in Cassel v. Superior Court (2011) 51 Cal.4th 113, the legislature, the California Law Revision Commission (CLRC), as well as mediators, legal scholars, and practitioners from myriad perspectives have contemplated legislation aimed at carving out an exception to mediation confidentiality for legal malpractice. Newly-enacted Evidence Code section 1129 is the product of
those several years of study, effort, and expense. This new section requires that every lawyer obtain the informed written consent of his or her client before participating in mediation. After five years of study, the CLRC’s tentative recommendation in July 2017 was essentially to create an exception to mediation confidentiality for legal malpractice and related offenses, suggesting a process involving notice to and consent from all mediation participants before disclosing the otherwise-confidential information. The 178-page report makes clear the goal of protecting
consumers from bad-acting lawyers, while nevertheless seeking to consider all possible disadvantages to the exception and potential barriers to its implementation. The CLRC invited public comment on the tentative recommendation, which was again met with overwhelming opposition (the ratio was about 10:1). Efforts to introduce legislation creating an exception to mediation confidentiality for legal malpractice were again stymied. In early 2018, Senate Bill 954 was introduced, proposing an addition to the Evidence Code – section 1129 – requiring an attorney representing a
Evidence Code section 1129 “(a) Except in the case of a class or representative action, an attorney representing a client participating in a mediation or a mediation consultation shall, as soon as reasonably possible before the client agrees to participate in the mediation or mediation consultation, provide that client with a printed disclosure containing the confidentiality restrictions described in Section 1119 and obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions. (b) An attorney who is retained after an individual agrees to participate in the mediation or mediation consultation shall, as soon as reasonably possible after being retained, comply with the printed disclosure and acknowledgment requirements described in subdivision (a). (c) The printed disclosure required by subdivision (a) shall: (1) Be printed in the preferred language of the client in at least 12-point font. (2) Be printed on a single page that is not attached to any other document provided to the client. (3) Include the names of the attorney and the client and be signed and dated by the attorney and the client. (d) If the requirements in subdivision (c) are met, the following disclosure shall be deemed to comply with the requirements of subdivision (a): [¶] [exemplar language omitted]. (e) Failure of an attorney to comply with this section is not a basis to set aside an agreement prepared in the course of, or pursuant to, a mediation.”
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SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
event, the supervisors had not yet voted to approve funds for this program, which they eventually did.) Steinberg was plaintive in his desire to combat client participating in ita could mediation to the issue, even though be perobtain astheanclient’ written consent on ceived issues that would not necessarily be a “city” issue. At The one point, an acknowledgment form. generRuyak asked among the audience to quickly al consensus the various staketweet Steinberg’ reply on theAfter issuetwo of holders seemeds to be relief. homelessness. He said, “I’ll be darned amendments in the Assembly and two ifamendments I allow this thing to grow without in the Senate, whereag-it gressive action.” was alternately expanded and contractWhen the conversation turned to ed, and pushed back and forth between Sacramento’ bid for a secondCode Amazon the Businesss and Professions and site, Ruyak questioned the prioritizathe Evidence Code, the bill was ention others rolledofinthe its tech final industry form. Onover September and also asked about the 11, 2018, the legislation was downside signed by such as rising rents and the resulting Gov. Brown, and it became effective on exodus of long-term residents. Ruyak January 1, 2019. and Steinberg had moments of levity Evidence Code section 1129 rewith regard to euphemisms for genquires that an attorney representing a trification, but finally, Steinberg called client in mediation obtain advanced init for what it is. He acknowledged the formed written consent regarding meproblem rising rents have caused, with diation confidentiality. It evenuprooted includes long-time residents being a presumptively sufficient format, from neighborhoods, as well as changes which can be readily copied and pasted that overcome neighborhoods as trendy from the internet or a favorite online listore-fronts establish their presence in 1 brary the city.service. While failure to comply withWhen this law willabout not undo settlement asked the apriority for reached in mediation oritserve as a basis the arts, Steinberg gave the same prifor a legal malpractice action, failure to ority as sports and talked about varcomply is grounds forand discipline. ious improvements commitment Also in 2018, Evidence to the artsamended under his leadership. He Codequick section nowthereads (with was to 1122 promote Farm-toFork movement regionpart: too and emphasis added)inin the pertinent commented on the growth oforthat seg“(a) A communication a writment in defined the city. in Section 250, that is ing, as When asked about thepurpose city’s ratmade or prepared for the of, ings, the issue or in Steinberg the courseaddressed of, or pursuant to,ofa under-funded CalPers’ mediation or a pensions mediation per consultation, analysis of how much the city needs is not made inadmissible, or protectto in reservebyforprovisions pensions. It edmaintain from disclosure, of was evident that Steinberg does not fulthis chapter if ... (3) The communicaly agree with the math in terms how tion, document, or writing is of related much this would consume the city’s to an attorney’s compliance with the operational budget and whether it is requirements described in Section even possible to get into positive rat1129 and does not disclose anything ings based on the burden that the city said or done or any admission made in is expected to carry. the course of the mediation, in which The evening was an issue-laden, case the communication, document, in-depth look at Steinberg’s leadership, or writing be used in an attorney his policies may and areas of passion, as well disciplinary proceeding to determine
Justice George Nicholson Retires ARTICLES Continued from page 12 the following comment, and decided to thought-out and sincerely held – even if leave it in for one reason – there are prob- they differed a lot from my own. This – new Ilaw applicable an attorwhether the attorney havemore just described – istosomething ably hundreds of people has in thiscomplied commu- what ney’ s practice thantoEvidence Code secwith Section 1129.” nity who could say the same thing. And of such great value our community of it is Most high praise. Thereoccur are many people (and is to very preserving it as tion 1129. It really straightforsettlements in, orthings fol- diverse community): the ability to discuss about which Justice and I award. Read it, follow it, and stay outreof lowing, mediation or aNicholson related process. likelyalldisagree in law, politics, trouble. differences of opinion, belief, Not clients –are happy withetc. theBut re-I spectfully knowofthat he and I (or else inday my perspective, and the like. sults mediation theanyone following stead) could discuss those things, and On behalf of many, I express hope (or month or year). Now lawyers canit that the read conclusion of this chapter would be a dialogue, not a debate. The 1 Please the code section enacted Januaryof 1, be disciplined if their clients did not 2019 for a handy format for your new start dialogue would be civil, probably colle- Justice Nicholson’s life will be theconsent know about mediation confidentialiforms. gial. Each of us would listen to the other. of a new and productive time of scholarty. It follows that there is probably no I would respect that his views were well ship and service for him.
www.sacbar.org | January/February 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
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SECTIONS, DIVISIONS AND AFFILIATES
Jake Weaver is the 2019 Barristers’ Media Chair and an associate at Reynolds Tilbury Woodward LLP. He can be contacted at jweaver @rtwlawllp.com.
Barristers’ Club Update by Jake Weaver
welcoming Megan Sammut as President for 2019.
Megan Sammut
Meet the New President! The Barristers’ Club has elected Megan Sammut as President for 2019. Sammut graduated from Boston College in 2006 and received her J.D. from Pacific McGeorge in 2012. She spent the first four years of her legal career at DLA Piper in Sacramento before accepting a position as a Judicial Law Clerk to US District Judge Morrison C. England, Jr. She is presently a Judicial Law Clerk to US District Judge Troy L. Nunley. Prior to being elected President of the Barristers’ Club, Sammut served as President of the Federal Bar Association, Sacramento Chapter. Please join the Barristers’ Club in
Upcoming Events As in years past, the Barristers’ Club intends to host continuing legal education seminars and the Judicial Reception in the Spring. The Summer Associates Reception will be held in July 2019, followed by additional continuing legal education seminars and socials. Please stay tuned for dates and locations. Junior Barristers’ Divisions For 2019, the Barristers’ Club will continue and expand its commitment to help new attorneys and law students transition into the practice of law by providing educational and networking opportunities. The Barristers’ Club is excited to continue working with the Junior Barristers’ Divisions at Pacific McGeorge and UC Davis Law to increase student membership and encourage students to begin building professional relationships within Sacramento’s legal community.
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03/01/2019 SCBA CLA Luncheon 03/05/2019 SCBA Family Law Section MCLE Luncheon 03/06/2019 SCBA Environmental Law Section Luncheon 03/12/2019 SCBA Solo Small Practice Division 03/19/2019 SCBA Probate & Estate1/4 Planning Section MCLE Page Law Ad JAN/FEB SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE 03/27/2019 SCBA Breakfast Series Self with Francine StorageTone Folsom 1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825 04/11/2019 SCBA ADR Law Section MCLE Luncheon 04/16/2019 SCBA Labor & Employment Law Section MCLE
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TIME 11:30 Check in 12:00 Lunch
MARK FREE for SCBA Members $100 for Non-Members
1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”
Speaker: Kenneth Bacon of Mastagni Holstedt
PLACE Sheraton Grand 1230 J Street
10:30-11:30am
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Keynote Speaker: Keynote Speaker: Associate Justice Anthony M. Kennedy, Approval is needed to run your ad, Supreme CourtChief of the United Statesof California Justice please check appropriate box below.
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TIME 11:30 Check in 12:00 Lunch
Steve Horton, Director, Legacy Giving Ph: 916-283-8312 l shorton@ucpsacto.org Ucpsacto.org/TheFoundation
PLACE Sheraton Grand The Foundation for UCP Speaker: Kenneth Bacon of Sacramento and Northern CaliforniaJ Street 1230 of Mastagni Holstedt
1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”
TicketHills information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. CA 95864 Sacramento, Arden Hills Lane, Resort, 1220 Arden After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or
a second proof www.sacbar.org visit orSee 564-3780 (916)1329 Association Barpayable: County Sacramento call the For more information call (916) 564-3780. Send checks SCBA, Howe Ave #100, Sacramento, CA 95825 OK with corrections
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SECTIONS, DIVISIONS AND AFFILIATES
Solo/Small Practice Division by Debra L. Samuels
T
he Solo/Small Practice Division’s first MCLE event of the year was held on January 22, 2019, at the SCBA Event Center, featuring Judge Kevin R. Culhane and Larry Doyle, who explained the new Rules of Professional Conduct, “What you Need to Know to Stay in Compliance with Your Ethical Obligations.” Both Culhane and Doyle have been teaching legal ethics for many years and were able to provide attendees with a unique perspective on “old versus new,” explaining how the new rules diverge from the
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old rules, and how the new rules create brand new obligations for California’s lawyers. The Solo/Small Practice Division of the SCBA was created in 2016 to address the unique needs of solo and small firm practitioners. The Division provides a forum for networking, educational opportunities, and events to promote the success of solo and small firm practitioners. The Division will offer three low-cost MCLE events with topics focusing on the success of solo and small firms, including a half-day
SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
Debra L. Samuels is the 2019 Solo/ Small Practice Division Co-Treasurer and the principal of Samuels Law P.C. in Sacramento, where she focuses her practice on residential real estate broker defense. She can be contacted at Samuels@SamuelsLaw.com.
bootcamp in May. In addition, the Division will hold several networking mixers so that members can get to know other solo/small firm attorneys and create referral sources, as well as brown bag ”Mastermind Workshops,” where members can share ideas and get their questions answered. For more information regarding sponsorship opportunities, event details, or to share ideas for MCLE events or workshops, please e-mail Debra Samuels at Samuels@Samuels-Law.com.
Vietnam War Veterans Day Luncheon GUEST SPEAKER:
Vietnam War Veterans Recognition Act of 2017
$40
Jerry Chong
Attorney at Law, Vietnam Veteran,
United States Marine Corps
Vietnam Era Military Veterans who are Attorneys
DATE:
$45
Friday, March 29, 2019
Provisions of the Bill The Vietnam War Veterans Recognition Act of 2017 amends title 4 of the United States Code, section 6(d) to include National Vietnam War Veterans Day as an important occasion on which the flag should be raised.
All Other Attorneys and Non-Attorneys
TIME:
PLACE: Del Paso Country Club
Social Hour: 11:30 a.m. WITH FULL CASH BAR Lunch & Program: 12:00 p.m. - 1:30 p.m.
Procedural History The Vietnam War Veterans Recognition Act of 2017 was introduced into the United States Senate on February 3, 2017. It was passed by unanimous consent the same day without any amendments. The bill was received in the United States House of Representatives and referred to the United States House Committee on the Judiciary and United States House Judiciary Subcommittee on the Constitution and Civil Justice on February 6, 2017. The bill was passed by the House on March 21, 2017 in a voice vote without any amendments. The bill was signed into law by President Donald Trump on March 28, 2017 and became Public Law No: 115-15.
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Committee Members: Hon. Fred Morrison (Ret.), Third District Court of Appeal Emmett Mahle, Adjunct Professor, University of the Pacific Thomas Knox, Knox, Lemmon & Anapolsky, LLP Registration: Please call 916-564-3780 or mail registration form to: Sacramento County Bar Association, Attn: Vietnam Veterans Day, 425 University Ave., Suite 120, Sacramento, CA 95825. If you have any questions please contact cecilia.rainey@sacbar.org.
Menu Selections are: BBQ Pulled Pork Sandwich
Chicken Salad
Salmon Fillet
Vegetarian Pasta
All selections include freshly baked breads with sweet butter, french roast coffee, decaffeinated coffee and assorted teas. YOUR NAME: __________________________________________________________________________________________________________________ ADDRESS: ____________________________________________________________________________________________________________________ CITY: _________________________________________________________________________ STATE: ______________________ ZIP: _______________ EMAIL: ______________________________________________________________________________________________ AMOUNT: $______________ CREDIT CARD NUMBER: __ __ __ __ – __ __ __ __ – __ __ __ __ – __ __ __ __ EXPIRATION DATE: ___ ___ – ___ ___
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SCBA Vietnam War Veterans Day Luncheon - March 29, 2019 This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.
Sacramento County Bar Association • 425 University Ave, Suite 120 • Sacramento, CA 95825 • 916-564-3780
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Visit: www.opdcivics.org for sponsorships or email: opdlawday@gmail.com PLATINUM SPONSOR
GOLD SPONSOR
Silver Sponsor Seyfarth Shaw LLP Lincoln Law School Hanson Bridgett Capitol City Trial Lawyers Association Bronze Sponsor
Hon. Frank C. Damrell, Jr. (Ret.) Hon. Patricia H. Wong (Ret.) & Thomas A. Craven
Hon. Judy Holzer Hersher and Michael Hersher Hon. Deborah Barnes Carlson & Messer LLP Kanter & Romo Immigration Law Office, PC Women Lawyers of Sacramento Chi Soo & Eugene Kim Carmen & Joel Cervantes
Price: $70 per ticket until March 19, 2019, and then increase to $80
Last date to register: April 22, 2019. To reserve your place and/or sponsor a student and for ticket sales please visit http://www.opdcivics.org/law-day-dinner/ or contact Robyn K. Riedel at opdlawday@ gmail.com. All checks should be made payable to “Sacramento Federal Judicial Library & Learning Center Foundation.” Mail Checks to: c/o Kelley Lincoln • 555 Capitol Mall, Suite 1500 • Sacramento, CA 95814 No RSVP is finalized without payment. We invite organizations, companies, and individuals to consider sponsoring this wonderful event. Please email us to learn more about our four sponsorship levels.
VISIT HTTP://WWW.OPDCIVICS.ORG/LAW-DAY-DINNER/ 28
SACRAMENTO LAWYER | March/April 2019 | www.sacbar.org
In Appreciation of Our Dedicated and Supportive 2019 Mandatory Fee Arbitration Panel SACRAMENTO COUNTY BAR ASSOCIATION
Mandatory Fee Arbitration Program
Panel Chair Kenneth E. Bacon, Esq.
Panel Vice Chair Timothy L. Zeff, Esq.
Attorney Arbitrators
The Sacramento County Bar Association administers a Mandatory Fee Arbitration Program to render fee disputes between clients and attorneys. Clients and attorneys have the opportunity for a neutral arbitrator to resolve the dispute through an informal, low cost proceeding without going to court. The fee dispute can be arbitrated in Sacramento, if the attorney has an office in Sacramento County or the majority of the services were performed in Sacramento County. The client does not need to be represented by an attorney for this program. For questions and additional information, please contact Martha Fenchen, SCBA Mandatory Fee Arbitration, Administrator at 916-564-3780 or mfenchen@sacbar.org. Please also visit our website at www.sacbar.org for details and forms.
Suzanne Alves James J. Banks Virginia Cale Russell Carlson Michael Chastaine Rick Cohen June Coleman Phillip M. Cunningham Linda Dankman Jeffrey R.A. Edwards Michael L. Faber John Fredenburg Thomas M. Garberson Theresa Carter Geoffroy Daniel S. Glass Karen Goodman Meriam Hansen Susan C. Hill
Jonathan P. Huber Marc L. Hughes Dustin Johnson Robert Lucas Jon Lydell Ken Malovos J. Patrick McCarthy Sean McCoy Joe Muller Elizabeth N. Niemi John Orcutt Jessica Rader Bret Rossi Daniel Steinberg Chad Tapp Patricia Tweedy Weiru Wang Robert Wheatley
Non-Attorney Lay Arbitrators Mike Fowler Jim Kleker Craig Kramer Bill Martin
Michael Morse Chris Plumb Joe Siau Steve Watson
Thank You! www.sacbar.org | March/April 2019 | SACRAMENTO LAWYER
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SACRAMENTO COUNTY BAR ASSOCIATION
100% Club 2019 • Abbott & Kindermann Inc.
• Kennaday Leavitt Owensby PC
• Bartkiewicz Kronick & Shanahan
• Kershaw Cook & Talley PC
• Beeson Tayer & Bodine APC
• Klinedinst, PC
• Best Best & Krieger LLP
• Knox Lemmon & Anapolsky
• Boutin Jones, Inc.
• Kronick Moskovitz Tiedemann & Girard
• California Dept. of Human Resources
• Langenkamp Curtis & Price, LLP
• California Farm Bureau Federation
• Lauria Tokunaga Gates & Linn, LLP
• Cohen Durrett LLP
• Littler Mendelson P.C.
• Cook Brown, LLP
• Longyear O’Dea & Lavra LLP
• Cuneo Black Ward & Missler
• Matheny Sears Linkert & Jaime LLP
• Curtis Legal Group
• Meegan Hanschu Kassenbrock
• Daponde Simpson Rowe PC
• Messing Adams & Jasmine LLP
• Day Carter & Murphy LLP
• Mokri Vanis & Jones LLP
• Delfino Madden O’Malley Coyle Koewler
• Molina Healthcare, Inc.
• Diepenbrock Elkin Gleason LLP
• Murphy Austin Adams Schoenfeld LLP
• Downey Brand, LLP
• Murphy Campbell Alliston & Quinn
• Eason Tambornini, ALC
• Nossaman LLP
• Ellison Schneider Harris & Donlan LLP
• O’Connor Thompson McDonough Klotsche LLP
• Evans Wieckowski Ward & Scoffield, LLP
• Ogletree Deakins Nash Smoak
• Felderstein Fitzgerald Willoughby & Pascuzzi, LLP
• Olson Hagel & Fishburn LLP
• Fisher & Phillips LLP
• Remy Moose Manley, LLP
• Forester Purcell Stowell PC
• Rothschild Wishek & Sands LLP
• Greenberg Traurig
• Schuering Zimmerman & Doyle LLP
• Gurnee Mason & Forestiere, LLP
• Sloan Sakai Yeung & Wong LLP
• Hanson Bridgett LLP
• Somach Simmons & Dunn
• Hansen Kohls Sommer & Jacob, LLP
• Timmons Owen Jansen & Tichy, Inc.
• Hardy Erich Brown & Wilson • Hefner Stark & Marois, LLP
• Wagner Kirkman Blaine Klomparens & Youmans, LLP
• Hiroshima Daggett ALC
• Weintraub Tobin
• Jacobsen & McElroy, PC
• Wilke Fleury Hoffelt Gould & Birney LLP
• Pillsbury Winthrop Shaw Pittman
SACRAMENTO COUNTY BAR ASSOCIATION
Join the 100% Club The Sacramento County Bar Association’s 100 Percent Club is a special category of member firms who have demonstrated an outstanding commitment to the work done through SCBA programs and services in the legal profession and the community. These firms with five or more attorneys have indicated their commitment by having 100 percent of their attorneys as members of the SCBA. The SCBA is always exploring additional benefits to reward and recognize our 100 Percent Club Members.
100%Club
As a 100 Percent Club Member, You Will Receive the Following Complimentary Public Recognition: Your Firm will appear on the SCBA Home Page Website with a direct live link to Your Firm’s Website The SCBA website has recently seen as many as 1,200 unique visitors in a single day, over 5,000 per week; this is a great way for your firm to stand out in the crowded legal field. Your Firm will be listed in the SCBA bi-monthly Sacramento Lawyer magazine The SCBA bi-monthly Sacramento Lawyer magazine is distributed to all of our members throughout the Sacramento region, another way to raise your firm’s visibility in the legal community. Your Firm will receive recognition at the SCBA Annual Meeting with a frameable Certificate The SCBA Annual Meeting Luncheon gives firm leaders and members an opportunity to gather and share their unique issues as well as meet and greet the SCBA Board of Directors and incoming President. Your Firm will be listed in the SCBA Legal Directory Your Firm will be listed throughout the year in the SCBA Legal Directory.
If your firm is not already part of the 100 Percent Club, the SCBA makes it easy to join. Please contact Martha Fenchen, SCBA Member Services Department at mfenchen@sacbar.org, 916-564-3780, to provide a group renewal invoice as well as individual invoices for your attorneys to make the process as easy as possible.
SACRAMENTO COUNTY BAR ASSOCIATION 425 University Ave. Suite 120, Sacramento, CA 95825
www.sacbar.org
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825
SCBA Annual Meeting
S A C R A M E N T O C O U N T Y B A R A S S O C I AT I O N
Sixth Annual Honoring Distinguished Attorney of the Year Golf Tournament and Justice Arthur Scotland
BarStock
Monday, May 6, 2019 Haggin Oaks Golf Complex 10:30am Registration/Lunch 11:00am Shotgun Start 5:00pm BarStock, Awards Dinner and Silent Auction
Sponsorship Installing SCBA Opportunities: Officers & Directors Shirt Sponsor Hat Sponsor Recognizing 100% Firms
Call today for registration packet (916) 564-3780 or register online at www.sacbar.org
Best Ball Team Scramble MCLE Prior to Annual Meeting FREE for SCBA Members All Skill Levels $100 for Non-Members
Beginning Golfers Welcome
1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”
imited Space is L TODAY! R E T IS G E R
of Mastagni Holstedt
Individual Golfer SCBA Member $125 Non-Member $175
Speaker: Kenneth Bacon
Eagle Sponsor Birdie DATESponsor Monday Par Sponsor December 15, 2014 Lunch Sponsor Dinner TIME Sponsor 11:30Driving CheckRange in Sponsor 12:00 Lunch Putting Green PLACE Sponsor Sheraton Hole Grand Sponsor
1230 J Street
10:30-11:30am
Keynote Speaker: Chief Justice of California
Tani Cantil-Sakauye
Golf Foursome Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. SCBA Member $500 After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or SACRAMENTO COUNTY BAR ASSOCIATION Non-Member $700 call (916) 564-3780. Send checks payable: SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 425 University Ave. Suite 120, Sacramento, CA 95825 www.sacbar.org