Law Day Dinner - Sacramento County Bar Association
Transcription
Law Day Dinner - Sacramento County Bar Association
LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:13 AM Page 1 SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE July/August 2010 www.sacbar.org A Spotlight on SCBA Affiliates ABAS Law Foundation Wine Tasting at Pavilions Law Day Dinner MCLE Spotlight: Arbitration LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 2 Editor’s Message As I write this, the weather is warming up and many people are contemplating vacations. Rest assured, however, that your SCBA is not being lazy. Representatives of Sections, Affiliates, Committees, and Board members were recently invited to participate in a daylong SCBA planning session held at the JAMS office in South Natomas. Thanks JAMS for the use of your very nice board room! The session was facilitated by an ABA planner who will summarize our ideas and make recommendations to the Board of Directors. Her summary will describe SCBA’s framework for a three-year invigoration of what best represents you - our members, the legal community, and the community at large. June Coleman and Helene Friedman have been busy planning the SCBA Annual Bench-Bar Reception, scheduled for October 6th at the Towe Auto Museum. Along with a great location, a jazz combo will perform – see the back cover for initial details and watch for the next issue of Sacramento Lawyer to find out about our sponsors and final details, including the Judge of the Year awardee. See page 25 for information on the traditional accompaniment to the Bench Bar Reception, the Instant Wine Cellar raffle, and how you can donate to the Sacramento Law Foundation’s offerings. The members of the Wiley W. Manuel Bar Association (WMBA) are setting the stage for Legal Fusion this August 28th. See page 24 for information on the event and pages 20-21 for information on the origins of both the WMBA and the Asian Bar Association (ABAS). Speaking of ABAS, they just held their annual wine tasting – see page 22 – and are preparing for their annual Fall Golf Tournament at Turkey Creek on September 12 – see page 4. Women Lawyers of Sacramento (WLS) has also been planning their 17th Annual Artfest, September 15th at the Vizcaya (details on the inside back cover). Also, in the planning stages this Heather Cline Hoganson summer, is the 20th Anniversary Celebration of the SCBA Diversity Fellowship Committee, October 1st at the Arden Hills Resort Club and Spa – see page 33. And, the Barristers are continuing their preparations for their annual Summer Associates Reception on July 15th at the Park Ultra Lounge. Finally, fresh from celebrating their second anniversary, the South Asian Bar Association (SABA) will hold a wine tasting on July 14th at 58° & Holding Company. It’s great that we have an excuse to visit so many places around Sacramento. Hard to keep all of these events straight? Turn to our calendar, page 33, for a wrap-up. Now, to toot our own horn, the Sacramento Lawyer Policy Committee and the MCLE Committee (a powerful committee of one: Daniel Yamshon) present a new feature for you – a way to get self-study MCLE credit at a cost less than other providers. See Dan’s article on page 5 for details and the first MCLE article and quiz, also by Dan, starting on page 12. Thank you, Dan, for all of your hard work on helping us put this together! Thanks also for your monthly MCLE / Section Representative meetings with food and MCLE credit! Please let us know if you have suggestions for the MCLE spotlight or anything else you’d like to see in this magazine. We are toiling through these lazy days of summer to bring you the best. Stay cool! EXECUTIVE DIRECTOR Carol Prosser OFFICERS R. Todd Vlaanderen - President Michael Levy - 1st Vice President June Coleman - 2nd Vice President Stephen Acquisto - Secretary Treasurer EDITOR-IN-CHIEF Heather Cline Hoganson editor@sacbar.org TEXT EDITOR Larry Duran SACRAMENTO LAWYER POLICY COMMITTEE Larry Duran Helene Friedman David Graulich Coral Henning Yoshinori H.T. Himel Heather Cline Hoganson Jack Laufenberg 2 SACRAMENTO LAWYER JULY/AUGUST 2010 COURTHOUSE STEPS steps@sacbar.org SURFING FROM RIVER CITY Coral Henning (916) 874-6013 chenning@saclaw.org ADVERTISING - EVENTS MEMBER CLASSIFIED ADS Michelle Bender (916) 564-3780 x200 reception@sacbar.org DESIGN AND LAYOUT Mary Burroughs Studio.com MJBdesign@aol.com BOARD OF DIRECTORS DIRECTORS AT LARGE Helene Friedman Theresa LaVoie Richard Miadach Danielle Moyer Lori Okun John Wagner Michael Wise SACRAMENTO LAW FOUNDATION Kimberly Lewellen, saclawfoundation.org AFFILIATE REPRESENTATIVES Asian Bar Association (ABAS) Kathryn Doi Barristers’ Club Dan Stouder Federal Bar Association Jean Hobler Capitol City Trial Lawyers Kerri Webb Saint Thomas More Society of Sacramento (STMS) Herb Bolz Sacramento Lawyers for the Equality of Gays and Lesbians (SacLegal) Patrick Hostine South Asian Bar Association Shama Mesiwala Wiley Manuel Bar Association Jean-Pierre Francillette Women Lawyers of Sacramento Patricia Sturdevant LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 3 SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE Table of Contents V O L U M E 1 1 0 , N U M B E R LITIGATION 8 View from the Civil Bench – “With All Due Respect” … Not Really MCLE SPOTLIGHT 12 Drafting an Arbitration Clause 4 • J U L Y / A U G U S T DEPARTMENTS 2 Editor’s Message 6 President’s Message 7 Around Town 10 Law Library News 11 26 33 33 2 0 1 0 Surfing from River City Courthouse Steps Calendar Index to Advertisers SPOTLIGHT ON AFFILIATES 20 Founding WMBA and ABAS: Precursors, Formation, and First Banquet 22 ABAS Law Foundation Wine Tasting at Pavilions 24 Legal Fusion 2010 – Building a Bridge From Our Past to Our Future SCBA NEWS 5 Sacramento Lawyer and Sacramento County Bar Association MCLE Committee to Offer New Feature 7 And the Sacramento Law Foundation Grants Go To…. 29 Update on 2010 Sacramento “Food from the Bar” Program 18 SECTION & AFFILIATE NEWS 30 Barristers’ Club of Sacramento Update OPERATION PROTECT & DEFEND 14 Modern Masters of America Art 18 Law Day Dinner COMMUNITY SERVICE 27 Conflict of Interest Rules Eased for Pro Bono Clinic Services 7 Sacramento Lawyer 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 SCBA 916-564-3780 x200 for deadline information, fax 916-564-3737, or e-mail reception@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer 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. LaRaza Michael Terhorst COMMITTEE / SECTION REPRESENTATIVES Lawyer Referral and Information Service (LRIS) Don Hansen Conference of Delegates Emory King Indigent Defense Panel (IDP) Kevin Adamson Section Representative Daniel Yamshon Voluntary Legal Services Program (VLSP) Victoria Jacobs SECTIONS Administrative Law Tim Morgan Alternative Dispute Resolution Ken Malovos Appellate Law Brendon Begley Bankruptcy & Commercial Law Phil Rhodes Business Law BJ Susich Children’s Counsel Diane Wasznicky Constitutional Law & Civil Rights Carrie Frederickson Environmental Law Keith Wagner Family Law Jeff Posner Health Care Brian Taylor Intellectual Property Glen Gross Labor & Employment Law Teri Block Probate & Estate Planning Bruce Hudson Towne Real Property Brandon Williams Tax Law Keith Pershall Worker’s Compensation Martin Beaver COMMITTEES Bylaws BJ Susich Continuing Education of the Bar Daniel Yamshon Diversity Hiring and Retention Linda Partmann Fee Arbitration Jan Karowsky Judicial Review Philip R. Birney Judiciary Diane W. Wasznicky Long Range Planning Shama Mesiwala Pictorial Directory Helene Friedman Sacramento Lawyer Policy Heather Hoganson 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 1999 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. JULY/AUGUST 2010 SACRAMENTO LAWYER 3 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 4 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 5 SCBA News Sacramento Lawyer and Sacramento County Bar Association MCLE Committee to Offer New Feature By Daniel Yamshon, MCLE Committee Chair T he Sacramento Lawyer policy committee recently approached me with what I thought was a brilliant idea: Offer independent study MCLE through the magazine. It is more than a simple opportunity to get pain-free MCLE credits. As any member of the Sacramento County Bar Association may submit an article, it presents you, as a member, the opportunity to put your name before the entire bar association as an expert in your field. The first self-study MCLE feature appears in this issue and is another way for this magazine to be relevant to readers. There is a nominal scoring fee to cover the cost of grading the tests. Upon successful completion, test-takers will be sent a certificate for their records. Your article submission should be accompanied by a multiple choice test; twenty questions will allow the user to obtain one hour of MCLE. There is no limit to the topics you may cover as long as they are related to law, ethics, law practice, substance abuse, or reducing discrimination. Similar to speakers at MCLE presentations, MCLE feature authors can claim research and writing time as MCLE credit. I will provide you with an easy, fail-safe template for formatting the test; we will take submissions in any common word processor format via e-mail to Editor@sacbar.org. If you have any questions or would like to submit a selfstudy feature, feel free to e-mail me at DYamshon@ADRServicesInternational.com. I look forward to hearing from you. Paul S. Hokokian, Esq. Mr. Hokokian, former chair of the State Bar’s Regulation, Admission and Discipline Committee, represents lawyers facing State Bar discipline. He will also consult on ethics. Mark Twain: “The man who represents himself has a fool for a lawyer.” Paul will provide you the dedicated, diligent attention to preserve, protect your Bar Card and maintain your professional reputation. Paul will schedule evening or Saturday appointments in his Sacramento office to accommodate your professional obligations. If the bar calls, call Paul. phokokian@sbcglobal.net (559) 268-1177 Office (559) 355-9647 Cell (888) 648-1177 Toll Free (559) 268-1177 Fax JULY/AUGUST 2010 SACRAMENTO LAWYER 5 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 6 President’s Message Brick Walls and Moving Forward Together By Todd Vlaanderen So I admit it, I hit a brick wall near the end of April. I suppose every president has done so in the past at some point or another, but it was still hard to take. I started this year with lots of energy and connected with as many parts of the Sacramento County Bar Association as I could. I made it a priority to talk with the Chair of every SCBA Section, the Chair of every SCBA Committee and the President of every SCBA Affiliate. By the end of April I was running out of steam and ran head on into the brick wall. However, I am happy to say 6 SACRAMENTO LAWYER JULY/AUGUST 2010 that I feel like I am back on track and moving forward. One of my goals this year is to unite the many parts of SCBA and help everyone work together. To help everyone realize how each part is connected to the rest of the whole and help us all feel….well…associated. After all, we are an association. My first step was to evaluate all the committees, get them full of interested and motivated members and then connect them with each other. For example, the Pro Bono Committee needs to work with the Electronic Media Committee to make sure we effectively communicate pro bono opportunities to our members as part of the new website. The Electronic Media Committee needs to work with the Membership Committee to see how our new website and social media, like Facebook and Twitter, can help connect and increase our membership. The Membership Committee needs to work with the Long Range Planning Committee to effectively communicate member needs in order to make sure the Long Range Planning Committee is on the right track. Connecting the committees like this will help everyone work together in the same direction. This part is done or at least on track. My next step was to connect with the Sections and find out what they were doing, what they needed and what SCBA staff and the Board could do to make them more successful. I made it a priority for myself and other Board members to attend Section functions and report on SCBA activities in general. I want the Sections to know they are an important part of SCBA and feel like staff and the Board are supporting their work. By the time you read this, I will have visited with the Chair of every Committee and the Chair of every Section and the President of every affiliate. Now I will make it a priority to connect with everyone again and then again before the end of the year. LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 7 SCBA News And the Sacramento Law Foundation Grants Go To…. T By Stephen Duvernay his Spring, the Sacramento Law Foundation—the charitable arm of the Sacramento County Bar Association—awarded over $15,000 in grants to local organizations improving access to justice in and contributing to the integrity of the legal profession. Grantees included: • Sacramento Court Appointed Special Advocates (CASA): $7,500 grant to fund an advocate for youth transitioning out of the foster care system. • California Rural Legal Assistance Foundation: $7,500 grant to support lawyers providing pro bono assistance to the Foundation’s Sacramento Valley Citizenship Campaign. • Rio Americano High School CIVITAS Academy: $1,000 SCBA President Todd Vlaanderen, SLF Board Member Steve Duvernay of Klinedinst PC, CASA Executive Director Carol Noreen, and CASA Board President Randee Sandlin of Dreyer Babich Buccola Callaham & Wood (Photo courtesy of Grey Horse Photography). to help fund a field trip to the Capitol, where students have the opportunity to advocate policy proposals to California’s elected officials. The Sacramento Law Foundation is a 501(c)(3) nonprofit corporation that provides support and issues grants to programs that improve the administration of justice, enhance public confidence in the legal profession, and cultivate understanding of and respect for the rule of law. SLF depends on contributions from lawyers like you. To volunteer, make a contribution, or for more information about the SLF, visit its website at http://saclawfoundation.org. Mr. Duvernay is a Member of the Board of the SLF, and an associate at Klinedinst PC. Stephen Duvernay, CIVITAS Student Jennifer Chavez, Rio Americano Teacher and Director of CIVITAS Linda Reed, SLF Board Members David Graulich and Richard Miadach of Olson Hagel & Fishburn. Around Town UC Davis La Raza Law Students' annual "Patiño Banquet." L to R: Sacramento County Superior Court Judge David De Alba; law student Amparo Cid, the winner of this year's Lorenzo Patiño Community Service Award; Sacramento County Superior Court Judge Elena Duarte, this year's banquet keynote speaker; law student Emilio Camacho, chair of the banquet organizing committee. (Photo by Johnny Colon, UC Davis School of Law) The Patiño Banquet is named after the late Lorenzo E. Patiño, a 1973 UC Davis School of Law graduate and the first Chicano municipal judge in Sacramento. He died in 1983, at age 35, after battling with leukemia. Judge Patiño was dedicated to empowering poor communities in the Sacramento area and founded the Lorenzo Patiño School of Law. On March 24, 2010, Ken Malovos and Daniel Yamshon presented "You Avoided the Old Traps, Now Watch For the New Pitfalls," an annual case law update to the Alternative Dispute Resolution section. JULY/AUGUST 2010 SACRAMENTO LAWYER 7 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 8 Litigation VIEW FROM THE CIVIL TRIAL BENCH: “With All Due Respect”…Not Really By Judge Judy Holzer Hersher This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments and suggestions for future articles are welcome and should be addressed to hershej@saccourt.ca.com We have all heard it used in the courtroom, and many of us, at one time in our careers, have said it in Court. Some have used it in its literal meaning, but most, including attorneys, judges, criminal defendants and even movie characters have used it to convey the exact opposite. Preface an argument in front of a trial judge with the phrase “with all due respect,” and the judge will expect an insult. This is because the phrase is commonly used to provide cover for a statement that expresses disdain for the position the judge has adopted by his or her ruling, the robe, or the person wearing it. It is less and less used to convey a feeling of appreciative or deferential respect or esteem, its literal meaning. Evidence of the current use and meaning of the phrase can be found everywhere—in reported appellate decisions and on the internet, as well as in courtrooms. One need look no further than a widely distributed clip on Youtube of Will Ferrell playing an irreverent NASCAR driver Ricky Bobby in Talladega Nights, to understand why judges react negatively to the phrase. In one scene from the movie, Ricky Bobby has just won a race during which he made an obscene gesture that was caught on television. His sponsor, Larry Dennit Jr., played by Greg Germann, con- 8 SACRAMENTO LAWYER JULY/AUGUST 2010 fronts him in the winner’s circle and the following dialogue ensues: Dennit: “Ricky, early word out of NASCAR is your little obscene gesture is going to cost you 100 points. Do you know how much that costs us in sponsorships?” Ricky Bobby: “With all due respect Larry, I had no idea you had gotten experimental surgery to have your b_lls removed.” Dennit: “That’s incredi…What, what did he, ..what did he say? What was that?” Ricky Bobby: “Well, I said it with all due respect.” Dennit: “No, no, it that doesn’t mean you get to say whatever you want to say to me.” Ricky Bobby: “Yes, sure as heck does.” Dennit: “No, no it doesn’t mean that. Ricky Bobby: “Yes, it does. It says so in the Geneva Convention, look it up.” Believe this is just Hollywood? Compare the above dialogue to that reported in People v. Stephen Walter Pigage (2003) 112 Cal.App.4th 1359, 1370-1375. In Pigage, the defendant was tried and convicted on various drug charges. During the trial, a “heated debate” took place between the judge and the prosecuting attorney. The defendant had failed to appear on the second day of trial, and counsel and the court discussed how the judge would handle that issue in front of the jury. Specifically, court and counsel discussed whether the court should instruct the jury to ignore the defen- dant’s absence or whether it should give an instruction that flight could be considered by the jury as evidence of the defendant’s guilt. The decision contains an extensive discussion about the alleged reasons for the defendant’s absence. Acknowledging that there was an argument for giving the jury an instruction that showed flight as evidence of guilt, the Court reasoned that under the unique circumstances of the case, it would not do so and would instead instruct the jury to disregard the defendant’s absence in reaching its verdicts. Beginning at page 1370, the appellate opinion includes a verbatim recitation of the colloquy between the deputy district attorney (Mr. Flory), who was not happy with the court’s decision, the court and defense counsel. Deputy District Attorney: “With all due respect, your honor, I’m still going to argue—not the flight instruction, obviously—but I’m going to argue consciousness of guilt for him not being here. I have pulled cases for the court which show that [sic] is proper, and I am just letting everyone know I’m arguing for it.” [Defense counsel]: “Your honor, I would object to that argument and request the court to admonish the prosecution not to argue that point.” The Court: “I think under my ruling that would be improper argument.” Deputy District Attorney: “I’m still going to argue it, with all due respect.” LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 9 The Court: “Well, in the face of my ordering you not to, Mr. Flory?” Deputy District Attorney: “Yes.” The Court: “I think that’s unwise.” Deputy District Attorney: “I have cases to back me up in this one, your honor, with all due respect—I really do mean that. But by limiting me from arguing something which the Court of Appeal says I can argue—is I don’t want to say a bad ruling. I do mean with all due respect.” The Court: “Well, Mr. Flory, let me just ask you to review that in your mind, because I think violating a direct order of the court, regardless of what you think the cases say, is improper on your part, and I don’t think you need to do that in this case.” Deputy District Attorney: “I’ll think about it.” There is no mistaking the true import of the deputy district attorney’s argument. Mr. Flory apparently believed, like Ricky Bobby, that if he said the magic words—with all due respect—he was immune from contempt of court, and that he could express his contempt by cover of the phrase. The Pigage court disagreed. The record was forwarded to the California State Bar for review and possible discipline by order of the appellate court. (People v. Pigage (2003) 112 Cal.App.4th at pgs. 1374-1375.) In People v. Uecker (2009) 172 Cal.App.4th 583, the defendant was accused of stalking a female real estate agent by leaving over 30 increasingly agitated and haunting messages on her telephone. Danny Greg Uecker bragged of a long history of rape. He reportedly told his cellmate that he would get into the victim’s lives by drawing them in “under false pretenses.” One of his final messages to the victim was punctuated with the following: “So, with all due respect, I’d like to finish this with you. But I want to handle this with you—I want you to handle this or at least handle my issues, anyway.” (Id. at pgs. 589-590.) In context, there was of course nothing respectful about the defendant’s import, but his use of the phrase was consistent with those who believe that they can hide their disrespect, anger or contempt with four words. Context is everything. While some might read it otherwise, the way an appellate decision is crafted reveals whether the stated “with all due respect” by its judicial author is consistent with its literal meaning or not. In short, there are times when judges use the phrase more as cover than polite expressions of deference. In Jimenez v. Superior Court of San Diego County (2002) 29 Cal.4th 473, 484-493), in a biting and hard hitting concurrence and dissent, a California Supreme Court justice criticizes the majority for “fail[ing] to recognize, much less resolve on any principled basis, the tension generated by resorting to strict products liability despite …alternative remedies and the total absence of safety concerns.” Jimenez holds that the manufacturer of windows for mass produced homes can be held strictly liable in tort for harm from any defective windows and resulting physical damage to other parts of the house. The author writes separately that the majority “blindly defaults to appellate court decisions without searching analysis.” In discussing certain lower appellate court decisions, these courts too are taken to task for their faulty legal analyses. The stinging tenor of the separate opinion is punctuated at one point with the phrase “with all due respect,” yet in context it leaves little room for deferential regard. (See that portion of the decision that begins with “In a single paragraph and without significant analysis (maj. Opn., ante, p. 484) the majority sharply narrows the economic loss rule and thereby substantially erodes the demarcation between contract and tort law in California…”) See, also, Nolan v. City of Anaheim (2004) 33 Cal. 4th 335, 355, wherein the California Supreme Court considered whether a law enforcement officer was eligible for disability retirement. The California Public Employees’ Retirement System (CalPERS) filed an amicus brief and argued that any effort to come up with a general description of “usual duties” for the job was impossible and would require assumptions that simply would “not be administrable.” The Court was clearly dismissive of the CalPERS position, described its legal argument as really nothing more than a “straw man” concept devoid of merit, and pointed out that other agencies routinely come up with usual job duty descriptions. Although the Court stated its opinion “with all due respect” to the expertise of CalPERS, there was little admiration or esteem in context. There are, of course, instances where attorneys and judges use the phrase in its intended and literal sense, but they are lost in the din of modern usage. If trial attorneys want to be heard on the merits of their arguments, they should punctuate their arguments with incisive but respectful straightforward legal and factual analyses. This will focus the attention of the trial judge on the issues, rather than a false gesture of respect. JULY/AUGUST 2010 SACRAMENTO LAWYER 9 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 10 Law Library News Sacramento County Public Law Library News Robyn Moltzen, Public Services Librarian, Sacramento County Public Law Library Spotlight on the Collection: Legal Profession and Law Practice Management Whether you are a seasoned attorney on the verge of retirement, or a recent law school graduate who just passed the California State Bar Exam, you can benefit from the Sacramento County Public Law Library’s Legal Profession and Law Practice Management collections. The Sacramento County Public Law Library has an excellent collection of materials to keep attorneys on the cutting edge of the profession while maintaining a thriving, successful practice. Some of the current titles available for checkout include: California Practice Guide: Professional Responsibility, by Rutter Group. KFC76.5 .A2C36 The Rutter Group publishes this title that provides quick and reliable answers to issues commonly facing lawyers in the day-to-day practice of law. Written for both civil and criminal practitioners, the text includes topics such as lawyer advertising and solicitation, conflicts of interest, the Professional Creative Business Portraits (916) 296-9657 Call or email: MJBdesign@aol.com for pricing information 10 SACRAMENTO LAWYER JULY/AUGUST 2010 lawyer-client relationship, confidentiality and privilege, advocacy and representation, handling entrusted funds and property, termination, and withdrawal. Fee Agreement Forms Manual, by CEB. KFC 77.5.F43 F44 CEB publishes this manual and makes it easy for you to prepare the all-essential fee agreement including legal requirements, limited scope representation, and sample forms with commentary. Also includes provisions for fixed, hourly, and contingency fee arrangements. How to Manage Your Law Office, by Mary Ann Altman and Robert I. Weil. KF 318 .A758 How to Manage Your Law Office is a two-volume practical guide that provides readers with cutting edge information about effective techniques in law office administration. It includes discussions on topics ranging from the intricacies of personnel management to law office ergonomics to how law offices can utilize the Internet. Legal Malpractice, by Ronald E. Mallen and Jeffrey M. Smith. KF313 .M29 Legal Malpractice focuses on prevention, insurance, and malpractice issues encountered by practitioners in every area of the law, including personal injury, real estate, collection and bankruptcy, family law, trust and estates, commercial law, and criminal law. The California Guide to Opening and Managing a Law Office, by State Bar of California. KFC77 .C28 2008 As a sole practitioner or the head of a small firm, you must act as so much more than just CEO; you must also wear the hats of Chief Financial Officer, Human Resources Director, Chief Technology Officer, and more. The California Guide to Opening and Managing a Law Office provides information about opening your own law office, finding space, creating a business plan, and more. The Lawyer’s Guide to Governing Your Firm, by Arthur G. Greene. KF 318 .G74 2009 This guide is a practical and valuable resource for those firms that want to provide better client service, as well as improve the working environment for both lawyers and staff. It provides strategies to change the culture of the law firm, boost morale, and effectively and efficiently manage and govern the firm. It provides you with guidance on leadership and partnership issues and basic running of the law firm. The following titles have been ordered and will be available in the law library very soon: An Introduction to Law Firm Practice, by Michael Downey. LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 11 Online Resources for Opening a Small Business Compiled by Kate Fitz, Public Services Librarian, Sacramento County Public Law Library It’s often said that small businesses are the engine of recovery. If your clients or friends ask you for information about starting a business, or if you are thinking of opening a business or office of your own, these websites offer invaluable information about how to found and run a small business in the Sacramento area. California Secretary of State www.sos.ca.gov/business/business.htm The Secretary of State’s office oversees business formation and records. Here you will find information about forming, licensing and terminating corporations and other businesses; registering trademarks; UCC filings; tax requirements; and more. Find out if the name you want is available, and reserve it at this site as well. A useful page explains the different types of business entities available in California at: http://www.sos.ca.gov/business/be/sta rting-a-business-types.htm. CalGold’s “Business Permits Made Simple” http://www.calgold.ca.gov/ Part of the Governor’s Office on Economic Development (http://business.ca.gov/), this site offers This new handbook offers a systematic study of how lawyers practice law at private firms and how a law firm operates. Whether you're a law student interested in working in a law firm or a young lawyer who would like to gain a better understanding of how your law firm operates, this guide will provide you with the "ins" and "outs" you need to help you navigate your way through a law firm and excel in your profession. How Good Lawyers Survive Bad Times, by Sharon D. Nelson, James A. Calloway, and Ross L. Kodner. How Good Lawyers Survive Bad Times will provide you with a wealth of tips, resources, and tools to help you survive in bad times, as well as teach you management, finance, marketing and technology essentials necessary to succeed. The 2010 Solo and Small Firm a simple way to determine what permits are required for California businesses in 147 different categories, from “acupuncture” to “wrecking and demolition contractor.” Select business type and location and receive a list of relevant agencies, from your local city finance office to state licensing boards. “Doing Business in Sacramento” (City of Sacramento) http://www.cityofsacramento.org/webt ech/business/business.htm This site gathers information about permits and other requirements for businesses in the City of Sacramento, as well as links to the city’s bid center, building and planning forms, and more. The site also has links to demographic information, maps, opportunity zones, and instructions for becoming a citycertified small business. Other cities may have similar information on their sites or through their business or finance departments. Business.gov (U.S. Small Business Administration) www.business.gov/ Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies. This site aims to be a Legal Technology Guide, by Sharon D. Nelson, John W. Simek, and Michael C. Maschke. This annual guide is the only one of its kind written to help solo and small firm lawyers find the best technology for Main Library 813 Sixth Street, First Floor Sacramento, CA 95814-2403 916-874-6011 www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian NEW ACQUISITIONS Genealogical Evidence Aegean Park Press KF8936 .S74 1989 Understanding and Mitigating Identity Theft Aspatore (West) KF9367 .U53 2009 one-stop shop for information on starting a small business, finding loans and venture capital, learning about local, state and federal requirements for your business, legal issues facing business, and more. The site includes a useful start-up section at http://www.business.gov/start/, and also has a page with California-specific information and opportunities at http://www.business.gov/states/california/. “Law Practice Management” (State Bar of California) http://www.calbar.ca.gov/state/calbar/c albar_generic.jsp?cid=10113&id=25465 If you are considering opening your own practice, or already have your own practice and need some attorney-specific information, the State Bar website has a section for you. From tips for operating a “green” office to information about insurance, ethics and client trust accounts, to closing or selling a law office, the State Bar’s website has good information. It also refers you to The California Guide to Opening and Managing a Law Office, which you can purchase from the State Bar’s site—or, if you like, check out from the Sacramento County Public Law Library. their dollar. You'll find the most current information and recommendations on computers, servers, networking equipment, legal software, printers, security products, smart phones, and anything else a law office might need. Criminal Procedure in Practice, 3rd Ed. National Institute for Trial Advocacy KF9656 .M29 2009 2010 California Labor Law Administration: A Guide for Compliance with California and Federal Employment Laws and Practice California Chamber of Commerce KFC570 .C35 2009 California Disabled Accessibility Guidebook (CalDag 2009) MPG Pub. Co. KFC819.H35 G53 2008 California Manual of Temporary Traffic Controls for Construction and Maintenance BNI/CalTrans KFC477 .A449 C35 JULY/AUGUST 2010 SACRAMENTO LAWYER 11 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 12 MCLE Spotlight Drafting An Arbitration Clause By Daniel Yamshon A lthough mediation receives most of the attention of ADR marketing, ADR providers such as JAMS and the American Arbitration Association report the bulk of their cases commence as arbitration filings. In many sectors of the economy such as labor-management relations and construction, ADR is the norm, rather than the exception. The American Institute of Architects and the Associated General Contractors of America, for example, have ADR clauses in their standard form contracts as does the California Association of Realtors. Contractual arbitration is typically binding; there is no appeal from binding awards except on a few very narrow grounds, for example, an arbitrator exceeding their jurisdiction by determining an issue not raised in the arbitration. California cases generally hold that if arbitrability or arbitral jurisdiction is an issue, the issue is for the court to decide unless the arbitration agreement clearly and unmistakably vests those powers in the arbitrator. Incorporation of an ADR provider’s arbitration rules is deemed to be “clear and unmistakable” as the rules are available to anyone. Gilbert Street Developers, LLC v. La Quinta Homes, LLC (2009) 174 Cal. App. 4th 1195. Thus, if the arbitration clause incorporates rules allowing the arbitrator to determine jurisdiction, they may, if the issue arises. Section 10 of the Federal Arbitration Act (FAA) provides only four grounds to vacate an arbitration award: (a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration— (1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or (4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made. Section 11 provides grounds for correcting, not vacating awards: In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the appli- 12 SACRAMENTO LAWYER JULY/AUGUST 2010 cation of any party to the arbitration— (a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. (b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. (c) Where the award is imperfect in matter of form not affecting the merits of the controversy. The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties. The Supreme Court has held that the FAA grounds for vacatur are exclusive and invalidated a growing trend in the circuits to vacate awards if an arbitrator knowingly and manifestly disregarded the law in rendering an arbitration award. Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989, (Mar. 25, 2008) 552 US____. In the federal system, jurisdiction and enforceability are the province of the arbitrator; courts may only hear a challenge to the validity of the arbitration clause itself (arbitrability), severed from the rest of the contract. Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967) See also AT & T Technologies, Inc. v. Communications Workers (1986) 475 U.S. 643. Gilbert Street Developers, LLC v. La Quinta Homes, LLC, supra, seems to imply, however, an artfully worded clause specifically empowering an arbitrator to determine arbitrability may be valid. Many, if not most contracts affect interstate commerce to one extent or another. Nails are no longer manufactured in the United States, and materials for building a house are not all manufactured in California. Your telephone contracts and credit card agreements certainly fall under the FAA; many California cases cite the federal decisions in their reasoning. Given such limited grounds for vacatur and historically strong support for arbitration, you should give strong consideration for enforcing arbitration awards in the federal courts. The importance of the arbitration clause should be readily apparent. The arbitration clause determines the arbitrator’s jurisdiction and powers. It determines what can and cannot be arbitrated, and often determines what law the arbitrator is expected to apply. A case may be submitted to arbitration when there is no contractual ADR clause by written stipulation or submission agreement and the wording is just as important as in a contract clause. A ubiquitous arbitration clause typically reads something like “In the event of any controversy arising between the parties, it shall be resolved by the [xyz Arbitration Association] under its commercial rules.” You might ask Continued on page 16 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 13 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 14 Operation Protect & Defend Modern Masters of America Art By Linda Shafer, Ph.D., Director of Development for Operation Protect and Defend Photographs by Jennifer Zaucha, courtesy of Operation Protect and Defend P olish sculptor Magdalena Abakanowicz said, “Art does not solve problems but makes us aware of their existence.” The art of local high school students in the first annual Modern Masters of America exhibit on the evening of April 29 sought to do just domestic. The purpose of the committee reflects the concern of Robert Maynard Hutchins who warned, “The death of democracy is not likely to be an assassination or ambush. It will be a slow extension from apathy, indifference and undernourishment.” Hon. Thad Blizzard, Deborah Barnes, Teri Block, Andy Stroud, Kim Lewellen, and Emily Haenselman Keith K. McKinney’s (Placer) work, “Uncle Sam’s Scapegoat” that - bring awareness to issues around student speech on campus. The exhibit was hosted by Operation Protect and Defend (OPD), a bench-bar committee established by federal and state court judges in conjunction with the Sacramento County Bar Association. The program is named after the oath taken by members of the California state bar and judicial officers to support and defend the California and U.S. Constitutions against all enemies, foreign and 14 SACRAMENTO LAWYER JULY/AUGUST 2010 The judges, lawyers and teachers on the steering committee collaboratively design a curriculum, including selected readings and court opinions. Under this year’s topic “Student Speech & Privacy: How Free?” students read the opinions in Tinker v. Des Moines Assessing the artwork: Hon Frank Damrell, Hon. Judy Holzer Hersher and Vallene Hardman-Weeda Archie Warren (Placer) with his work “Streetwise Mona Lisa” Endeavoring to invigorate democracy in the Sacramento and surrounding counties, OPD informs and educates high school students on important legal issues that affect the rights of everyday citizenry in the United States. It seeks to connect students to the U.S. Constitution and American history; educate them as future voters and jurors; explores their rights and responsibilities of citizens; and encourages students to become active, contributing members to our democracy. Gina Sanchez’ (JFK) work, “When Words are Wired Shut” (1969), Morse v. Frederick (2007), Layshock v. Hermitage (2008), and Safford v. Redding (2009). After teachers facilitate an introduction of the topic, a lawyer-judge team visits each classroom and engages students in a dialogue, discussing issues and questions raised by the curriculum. Students then have the opportunity to participate in a contest for awards given for essays or artwork. This year, seven high schools participated in the essay award contest: Grant LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 15 Union, Kennedy, Luther Burbank, McClatchy, Natomas Pacific Pathways Prep, Rio Americano, and Sacramento. In its inaugural year, 22 students entered the Modern Masters of America Art contest from John F. Kennedy High School and Placer High School. The impetus for the new program is Judge Judy Holzer Hersher, of the Sacramento County Superior Court. She chaired the essay portion for eight years and realized that reaching students through art was another avenue of facilitating discussion on constitutional issues. Together Kimberly Lewellen of Ellis, Coleman, Poirier, LaVoie & Steinheimer, and Emily Haenselman of Legacy Law Group organized the contest, worked closely with the high schools and arranged for the gallery reception in the rotunda of the federal courthouse. With the sponsorship of Jennifer Zaucha (pho- part-time professor at International Academy of Design & Technology in Sacramento and the Art Institute, Pittsburgh, PA). Magdalena Abakanowicz also said that art “opens our eyes to see and our brain to imagine.” Those of us who had the pleasure of viewing the submissions and chatting with the students found our eyes opened to their concerns about freedom of speech and, especially, their appreciation that our judicial system indeed works to protect their speech. Linda Shafer, Ph.D., the Director of Development for Operation Protect and Defend, is a staff member at Sacramento Superior Court and teaches in Sac State's Judicial Administration graduate program. The awards went to: Archie Warren (Placer), “Streetwise Mona Lisa” ($250) Keith K. McKinney (Placer), “Uncle Sam’s Scapegoat” ($150) Damian Borja (Placer), “The Release” ($150) Gina Sanchez (JFK), “When Words are Wired Shut” ($50) Isaiah Phillips (Placer), Untitled ($50) Kelsey Johnson (Placer), “Anarchy” ($50) tographer), Dean Haakenson (musician), Whitworth Cycles, Inc., Waterboy, Two Rivers Cider Company, Artistic Edge Custom Framing & Gallery, International Academy of Design & Technology, Kole’s Garage and Clifton Design, guests viewed the art and spoke to the student artists. Three judges assessed the artwork: Hon. Frank C. Damrell, Hon. Judy Holzer Hersher (Sacramento Superior Court), and Vallene Hardman-Weeda (retired professor of sculpture and JULY/AUGUST 2010 SACRAMENTO LAWYER 15 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 16 MCLE Spotlight MCLE Spotlight continued from page 12 yourself a few questions: • Do you want to include provisions for arbitrator selection in your clause? • Do you want to modify any of the rules such as changing time limits or expanding discovery? • Do you want to limit the issues the arbitrator can decide? • Do you want to limit damages? • Do you want to limit class action filings? • Do you want to provide for an assessment of attorneys’ fees? • Do you want to limit the arbitrator’s jurisdiction to a single issue, such as determining liability? • Do you want to require mediation or a meet and confer provision prior to arbitration? • Do you want to name the rules but not require the use of a particular provider? In most cases, the rules of one of the major national ADR providers work well. If you name the rules without requiring the provider to administer them, i.e. the American Arbitration Construction Industry Arbitration Rules, you are not required to use that organization. Be careful, however; whomever you choose as an arbitrator should be ADVERTISE HERE Sacramento Lawyer Magazine Call (916) 564-3780 ext. 200 reception@sacbar.org 16 SACRAMENTO LAWYER JULY/AUGUST 2010 aware they will be bound to follow those rules. Two things to avoid are over expanding or over restricting either the arbitrator’s jurisdiction or the arbitration rules. The author decided a case last year with an extremely narrow submission agreement: “The only issue before the arbitrator is whether the date for commencement of rent is [date a] or [date b].” With a large commercial-industrial space, the outcome was significant. After the award issued, the prevailing party came back asking for attorneys’ fees and costs as provided in the contract. Those items were not submitted to the arbitrator by the submission agreement; they were beyond his jurisdiction. The arbitrator’s jurisdiction is determined by the arbitration clause, submission agreement or stipulation to arbitrate. The author has observed a slowly growing trend to incorporate “all discovery rights under the Code of Civil Procedure” in arbitration clauses. Lawyers, as most people, are comfortable with the familiar, and uncomfortable with something new. Thus they believe the more like litigation they can make arbitration, the better. Unfortunately, turning arbitration into traditional litigation obviates two of the great advantages of all ADR: It is a simplified, informal process designed to save time and money. Most providers’ arbitration rules provide for the exchange of documents, witness lists and experts’ reports. Although litigators may feel short-changed without being able to serve umpteen interrogatories and taking innumerable depositions, almost any experienced arbitration practitioner will confirm that the simplicity of most arbitration rules work quite well. An excellent discussion of the problems created by the “litigazation” of ADR can be found in Arbitration: The 'New Litigation, Thomas Stipanowich, University of Illinois Law Review, Vol. 2010, No. 1, 2010. The lessons should be obvious: Keep your arbitration clause simple. Think through what you will need from an arbitrator and/or ADR provider and include that in your arbitration clause. Do not over complicate things. It is probably best to name a provider and their rules, but name a provider’s rules as a bare minimum. If you change the time provisions in the rules, do not make them so short that it becomes impractical to follow the rest of the rules or allow adequate preparation. If you want to empower the arbitrator to determine issues such as arbitrability, use clear and obvious language. As you draft your clause keep the nature and benefits of arbitration in mind as your clients will appreciate an expedited, simplified, lower cost process over traditional litigation. Daniel Yamshon was the founding chair of the Sacramento County Bar Association Alternative Dispute Resolution Committee (now Section), is the association’s MCLE Committee chair, and is the International Subcommittee chair of the California State Bar ADR Committee. You may reach him at DYamshon@ADRServicesInternational.com or through his website, www.ADRServicesInternational.com. LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 17 MCLE QUIZ QUIZ INSTRUCTIONS: Copy this page and circle the letter of each of your answers. Send your completed answer page to the Bar Office with your MCLE fees. Please allow 6-8 weeks for your certificate of completion to be mailed to you, to the SCBA address of record. Bar Office Address: SCBA, Attention: “MCLE QUIZ” 1329 Howe Avenue, Suite 100, Sacramento CA 95825. FEES: SCBA Members: $20. Non-SCBA Members: $40. If a non-member, please submit your mailing and e-mail address. 1. When an arbitration clause does not specifically spell out an arbitrator’s powers, the first thing the arbitrator must do is determine: a. Jurisdiction b. Arbitrability c. A and B d. None of the above 2. An appeal may be taken from a binding arbitration award when: a. The arbitrator misinterpreted the law when writing the award. b. Under any circumstance when a party is dissatisfied with the award. c. Neither A nor B d. Both A and B 3. Hall Street Associates v. Mattell gives judges broad powers to vacate arbitration awards. a. True b. False 4. Under federal law, an arbitrator can: a. Determine their own jurisdiction b. Determine arbitrability c. Both A and B d. Neither A nor B 5. A controversy may be submitted to arbitration by: a. A provision in the contract. b. Written stipulation c. A written submission agreement d. All of the above 6. A federal judge may vacate an arbitration award when: a. Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. b. Where the arbitrators have awarded upon a matter not submitted to them. c. Where the award is imperfect in matter of form not affecting the merits of the controversy. d. None of the above. 7. There is no discovery in contractual arbitration unless it is specifically provided in the arbitration clause. a. True b. False 8. When drafting a stipulation to arbitrate in the private sector, a. The parties must accept the ADR provider’s rules as published. b. Counsel may modify an ADR provider’s rules as they deem appropriate for the case. c. Parties should appoint an arbitrator before selecting the ADR Provider d. None of the above. 9. During contract negotiations, a party offers to incorporate the discovery provisions from the Code of Civil Procedure. Counsel should consider: a. Such an incorporation would add time, expense and inefficiency to the process. b. Most experienced arbitration litigators are comfortable with the simplified discovery in most ADR provider rules. c. Failure to allow the broadest possible discovery under the code would be a denial of due process. d. Both A and B 10. In order to utilize the rules of a particular ADR provider, the case must be filed with that provider. a. True b. False 11. Which of the following are grounds for vacatur of an arbitration award? (1) where the award was procured by corruption, fraud, or undue means; (2) where there was evident partiality or corruption in the arbitrators, or either of them; (3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or (4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made. a. 1 and 2 b. 1 through 4 c. 1, 2, and 3 d. 1, 2, and 4 12. If an arbitrator makes a mathematical error in computing damages for a binding arbitration award, a party may: a. Do nothing, as one cannot appeal a binding arbitration award. b. Seek a writ to over turn the award. c. Seek a correction or modification of the award. d. Move to vacate the award. 13. When drafting a written submission to arbitration, the language need not be as precise as in a contract arbitration clause because the dispute has already been defined. a. True b. False 14. It is actually somewhat rare for contracts individuals might sign to affect interstate commerce. a. True b. False 15. The arbitrator’s jurisdiction is determined by a. The contract’s arbitration clause b. A written submission agreement c. A written Stipulation to arbitrate d. All of the above 16. Under federal law a judge may correct or modify an award when: a. Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. b. Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. c. Where the award is imperfect in matter of form not affecting the merits of the controversy. d. All of the above. 17. Most ADR providers’ rules allow what form of discovery? a. An exchange of witness lists b. An exchange of documents c. An exchange of experts’ reports d. All of the above. 18. An arbitration clause may a. Require the arbitrator to apply the law of a specific jurisdiction. b. Allow the arbitrator to create rules as needed while the case progresses. c. Require naming third parties who are not signatories to the contract. d. Prevent an arbitrator from providing procedural regularity. 19. When a court determines arbitrability a. It must sever the ADR clause from the rest of the contract. b. It must determine what the intent of the parties was when agreeing to arbitration in light of the plain language of the entire contract. c. It must determine if the controversy is proper for arbitration. d. It must determine if the contract had an integration clause, integrating arbitration or another form of ADR into the entire contract. 20. The United States Supreme Court has found: a. The long line of cases creating common law grounds for vacating awards is too restrictive and other grounds may be created. b. The only grounds for vacatur are found in statute. c. Alternative Dispute Resolution and arbitration in particular is, in reality, pretty cool. d. A congressional intent for courts to provide broad review of arbitration awards. I submit these answers as my own: Name ___________________________________________________________________ Bar Number _________________________________ Date ______________________ JULY/AUGUST 2010 SACRAMENTO LAWYER 17 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 18 Operation Protect & Defend Law Day Dinner Photographs by Ken Rabiroff 18 Judge Stacy Boulware-Eurie, Jean McEvoy Stephen Duvernay, Todd Vlaanderen, Mr. Schenk, Angelica Schenk, Angelica Schenk, Connie Schenk Bunmi Awoniyi, Xe Yang, Roberta Yang, Nancy Yang Boy Scout Troop 50 Color Guard Jennifer Kirshten, Todd Vlaanderen, Roberta Larson Joan Stone, US District Court Magistrate Judge Kim Mueller, Rebecca Dietzen, Virginia Mueller SACRAMENTO LAWYER JULY/AUGUST 2010 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 19 Operation Protect & Defend Mary Beth Tinker with student award winners. When Mary Beth was 13 years old, she wore a black arm band to school to protest the Viet Nam War. Her case was taken by the ACLU and resulted in a Supreme Court decision - Tinker v. Des Moines, which was one of the cases used in Operation Protect & Defend this year. Front - Richard Pauly, Premila Devi, Patricia Narayan. Charity Kenyon Back – Joan Stone, Patricia Sturdevant, Jerri Paik, Karen Goodman, Joan Jernegan Judge Frank Damrell and Mary Beth Tinker Mary Beth Tinker Victoria Jacobs, Helene Friedman, Emily Haenselman Bob Parker, Judge Judy Hersher, Patricia Sturdevant, Sonia Hernandes JULY/AUGUST 2010 SACRAMENTO LAWYER 19 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 20 Spotlight on Affiliates Founding WMBA and ABAS: . . . Precursors, Formation, and First Banquet By Yoshinori H. T. Himel, Samuel L. Jackson, and Jessie Morris Jr. WILEY W. MANUEL BAR ASSOCIATION Students: The year was 1975. Five students: Natalie Colley-Lindsey, Samuel L. Jackson, Ben Johnson, Sherry Kirk, and Jessie Morris, gathered at a Black Law Students Association meeting to discuss ways to increase minority enrollment at McGeorge Law School. They decided to invite Black attorneys in Sacramento for a meeting and develop a plan with their help. Attorneys: Nathaniel S. Colley, Luke Conley III, Joseph Cooper, and James L. Long, now a Sacramento Superior Court Judge, came to the meeting and tossed around ideas. Two thoughts predominated: recruit at historically Black colleges, and form a Black attorneys association to help coordinate projects, such as helping law students. Later in the week, the late Dean Gordon Schaber agreed to recruit at minority colleges. Gary Ransom, now a retired Sacramento Superior Court Judge, participated in recruitment trips to the Eastern and Southern parts of the United States as did Sam Jackson and Ben Johnson. Judge William K. Morgan soon afterwards donated land for McGeorge Law School to sell and fund BALSA scholarships when recruitment efforts stalled because of the high tuition costs. Drafting By-laws: While studying for the bar exam at the McGeorge library in 1976, David Seals befriended BALSA students and encouraged continuing efforts to form a Black attorneys association. Sam Jackson, Ben Johnson and Jessie Morris drafted the by-laws in the school’s library as librarians shushed them when the debates grew loud. Sam wanted Parliamentarians and Sgt.-at-Arms and lots of officers to get more members actively participating; Jessie thought otherwise; Ben mediated and always cast the tie-breaking vote. After two weekends’ work, David Seals received the final Sacramento Association of Black Attorneys by-laws. In 1977, Nat Colley and Natalie Colley-Lindsey hosted a roasted goat barbecue at the Colley family’s Elk Grove ranch for an organizational meeting to launch the Sacramento Association of Black Attorneys, or SABA. David Seals became the association’s first president. First Banquet: That year, Nat Colley was chosen as the featured speaker for SABA's first banquet. But everyone who was to tell him that assumed someone else had. At the 20 SACRAMENTO LAWYER JULY/AUGUST 2010 eleventh hour, in a reception for a foreign ambassador, someone handed Colley a banquet flyer naming him as SABA's keynote speaker. He left the reception early, arrived at the banquet at the right moment, and delivered a magnificent speech. By stages, the Sacramento Association of Black Attorneys became the Wiley W. Manuel Law Society and finally the Wiley W. Manuel Bar Association. ASIAN BAR ASSOCIATION OF SACRAMENTO Precursors and First Meetings: Numerous Asian students at UC Davis, both under-graduates and law students, provided community service to Sacramento through Asian Legal Services Outreach or ALSO. Trained as community advocates, they grasped the an opportunity to create an Asian attorneys’ association. Planning meetings at Yoshinori ("Toso") Himel’s home kicked off the organization. Participants included Albert Balingit, Kelvin Gong, Joyce Hee, Steve Koyasako, Don Masuda and Jeff Ogata. Pulling Together: New Asian bar associations were forming statewide, and there were competing schools of thought among Asian lawyers. Some believed individual Asian ethnic groups (e.g., Filipino, Japanese) were the best focus for specialty bars. Others believed in a pan-Asian association. Jerry Chong pulled the individual association advocates into the unified association side by pressing the theme, “We’re Asian first.” As the pan-Asian organization gathered force, it became time for by-laws. The group gathered others’ bylaws to use as models. On a hot Sacramento day in 1982, in a facility with broken air conditioning, Gloriette ("Glo") Fong brought by-laws from the Women Lawyers of Sacramento, Toso brought those from the Asian American Bar Association of the Greater Bay Area, and Jessie Morris brought by-laws from La Raza Lawyers Association of Sacramento and Wiley Manuel. Leroy Fong brought ice and cold sodas and juices. Everyone gladly handed sample by-laws to Toso, who volunteered to draft the document. Gene Moriguchi posed “what ifs” to test whether by-laws covered all foreseeable contingencies. A Name: Besides a governance structure, the new group LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 21 Lawyer Referral Service needed a name. Joyce Emiko Kawasaki pushed for the name Sacramento Asian Bar Association, or SABA. Others noted, however, that "saba" is Japanese for mackerel, and that the Sacramento Association of Black Attorneys already claimed SABA. The group adopted an anagram for SABA: the Asian Bar Association of Sacramento, or ABAS. Finally, the planners set January 28, 1982, at Frank Fat’s, for the first Annual Meeting. They publicized this meeting throughout the community. For the first time, 60 Asian American lawyers met in Sacramento. That was a heady moment! Leadership Contest: The first presidential election, held in 1982, was a contest between Frank Iwama and Phil Hiroshima. The young attorneys who organized the association sought out these senior lawyers to give the group a well-respected representative to the larger legal community. Iwama became the second president of ABAS. First Banquet: For the first ABAS installation banquet in June 1982, Toso invited Dale Minami to be the keynote speaker. Minami was a founder of the Asian Law Caucus, and he led the litigation team who represented Fred Korematsu in obtaining a writ of error coram nobis, vacating his World War II conviction for violating the infamous Japanese American exclusion orders. The banquet venue, a restaurant on South Land Park Drive, divided its large room with a screen. Between ABAS and the neighboring Chinese wedding, there was no competition on who was louder. The wedding won, drowning out much of Minami’s speech. AFFILIATES (AND ONE MORE SABA) That is how Wiley Manuel and ABAS came to join La Raza Lawyers Association of Sacramento, which predated both of them, as the principal minority bars in Sacramento. These three bar associations joined the County Bar as affiliates and went on in 1987 to found the Unity Bar, a coalition of the minority bar associations. Although the name SABA is no longer used by WMBA or ABAS, the name is not defunct, but lives on with the recent formation of the new South Asian Bar Association (SABA). Yoshinori H. T. Himel (Toso) is an Assistant United States Attorney. He was a former Editor in Chief of Sacramento Lawyer and the founding president of ABAS. He is the current president of the ABAS Law Foundation. Jesse Morris is a death-penalty-qualified lawyer at the Sacramento County Public Defender's Office, and the only attorney to be awarded the Unity Award by both Wiley Manuel and ABAS. Sam Jackson was a previous SCBA president and Sacramento City Attorney. MAKE AN INFORMED CLIENT REFERRAL How often do you get a call from a prospective client with a legal need that falls outside your area of practice? Turn to the Lawyer Referral Service, the only non-profit legal referral service sponsored by the Sacramento County Bar Association. Refer your client somewhere you can trust – have them visit LRS online at www.sacbarlawyer.org or call 916-564-6707 Please join the Barristers’ Club of Sacramento in celebrating the Diversity Fellowship Program and in honoring the area’s summer associates by joining us at our annual SUMMER ASSOCIATES RECEPTION Thursday, July 15, 2010 5:30-7:30 p.m. The Park Ultra Lounge 1431 L Street, Downtown Sacramento Passed hors d’oeuvres Hosted Bar For sponsorship information or other inquiries, please contact Amanda Gimbel at agimbel@pkwhlaw.com or (916) 442-3552 JULY/AUGUST 2010 SACRAMENTO LAWYER 21 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 22 Spotlight on Affiliates ABAS Law Foundation Wine Tasting at Pavilions Yoshinori H. T. Himel, ABAS Law Foundation President Photographs by Gabriele Höppel, courtesy of ABAS Judge Thadd Blizzard, Foundation treasurer Jeri Paik, and Judges Alan Perkins, Robert Hight, and Elena Duarte. North American Food presents its sake collection. ABAS president Jeannie S. Lee. Event chair Aileen Kim and scholarship recipient Jennifer Shih staff the registration table. Ruth's Chris Steakhouse serves a guest. “I enjoyed mingling with many judges in a casual, relaxed setting full of great food and wine." That's how a guest described the ABAS Law Foundation's Eighth Annual Wine and Food Tasting at Pavilions Shopping Plaza. The 100 attending members and friends of the County Bar and its affiliates tried wines from a variety of northern 22 Foundation president Yoshinori Himel, treasurer Jeri Paik and board member Mike Iwahiro. SACRAMENTO LAWYER JULY/AUGUST 2010 Former Foundation board members Mona Tawatao and Janice Lai. Judges Elena Duarte and Thadd Blizzard with SCBA President Todd Vlaanderen. Two great friends at Grands Amis. California vineyards, Iceberg sake from North American Food, and a variety of Asian and western foods. Ruth's Chris Steakhouse, a Pavilions institution, served tender beef skewers and mashed potatoes. The weather was warm and inviting. When night fell, the Pavilions Courtyard lights sparkled. The Steve Homan Jazz Trio contributed its music Mark Wilson of Wilson Vineyards. to the festive atmosphere. Seven wineries poured: Bogle Vineyards, Grands Amis Winery, McConnell Estates Winery, sake importer North American Food, Oak Ridge Winery, Onus Wines and Wilson Vineyards. Onus has been a consistent pouring participant; and the silent auction featured a four-bottle Continued on page 28 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 23 JULY/AUGUST 2010 SACRAMENTO LAWYER 23 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 24 Spotlight on Affiliates Legal Fusion 2010 – Building a Bridge From Our Past To Our Future By Jean-Pierre Francillette, Esq., WMBA Past President T he Friends of the Wiley W. Manuel Bar Association of Sacramento County (Friends), which raises funds for the Wiley W. Manuel Bar Association of Sacramento County (WMBA), will be holding its annual Legal Fusion event at the Sheraton Grand Sacramento, located at 1230 J Street, Sacramento, California 95814, on Saturday, August 28, 2010. Cocktails will be served starting at 5 PM, and the dinner will be served beginning at 6 PM. Local law students can apply to receive scholarship funding that will be awarded at the event. The theme of this year’s Legal Fusion event is: “Standing in the Gap” – Building a Bridge from our Past to our Future. This year we are fortunate to have U. S. Attorney Andre Birotte Jr. as the Legal Fusion Keynote Speaker. Mr. Birotte was former inspector general of the Los Angeles Police Department, and was nominated to his current position by Sheraton Grand Sacramento, 1230 J Street 24 SACRAMENTO LAWYER JULY/AUGUST 2010 President Barack Obama. Mr. Birotte is the son of Haitian immigrants and is the first black U.S. Attorney for the Central District of California, with responsibility for all federal litigation in Los Angeles, Orange, Riverside, San Luis Obispo, Santa Barbara, and Ventura counties. The district includes 35 cities. It encompasses a cultural diversity virtually unmatched in the country. Reflecting the size and diversity of the district, the cases handled by Mr. Birotte's office are among the most significant in the country. With an authorized strength of approximately 264 Assistant United States Attorneys, it is the second largest, trailing only the District of Columbia, which handles both federal and local crimes. The Master of Ceremony for Legal Fusion 2010 will be acclaimed actor William Allen Young. His illustrious acting career includes starring roles in the Academy Award-nominated film A Soldiers Story, Women of Brewster Place, The Atlanta Child Murders, Simple Justice, Sins, Lock Up, In the Belly of the Beast, and the award-winning Lifetime series Any Day Now. Millions of viewers still recognize him as Frank Mitchell, the tough-but-loving father, on the hit TV show, Moesha, or as Chief Judge Ratner on CSI: Miami. Mr. Young has received critical praise for his stage performances in New York and Los Angeles, and he has performed abroad in London, France, Italy, Austria, Sri Lanka, Russia, and on the continent of Africa. His latest film project, District 9, filmed on location in South Africa, was released in August 2009. He also guest starred on the 6th season of Sister, Sister. Further, the following WMBA Recognition Awards will be presented at Legal Fusion 2010: WMBA Lawyer of the Year - Milton Armistead, Esq. WMBA Judicial Officer of the Year Honorable Stacy Boulware Eurie WMBA Elected Official of the Year Assemblymember Ed Hernandez WMBA Non-profit of the Year Sacramento Child Advocates WMBA Corporate Citizen Award Allstate Insurance Companies For more details about Legal Fusion 2010, including ticket prices and sponsorship levels, go to www.wileymanuelbarassociation.com. Also, feel free to contact Legal Fusion Committee Chair, Ms. June Powells-Mays at leeandjune@comcast.net. Come join in and participate in this exciting Sacramento area annual event! The WMBA looks forward to seeing you there! LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 25 The SACRAMENTO LAW FOUNDATION Is looking for a few good bottles of wine INSTANT WINE CELLAR 2010 Which will be raffled off at the Sacramento County Bar Association’s Bench/Bar Reception in September. Wine donations are tax deductible. Please contact Bobbi Larson at 446-7979 or blarson@somachlaw.com. (Requested minimum retail value is $20) The Sacramento Law Foundation is a California nonprofit public benefit corporation supporting programs 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. LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 26 Courthouse Steps Knox, Lemon, Anapolsky & Schrimp, LLP is pleased to announce that Grace Bergen has become of counsel to the firm. Bergen has over 25 years experience handling transactions and litigation involving business, real estate, intellectual property, construction, and Grace Bergen employment law. She served as corporate counsel for Tower Records for nine years and was most recently a partner of Greenberg Traurig, LLP. She holds a J.D. from the University of San Francisco School of Law and a B.A. from the University of California, Berkeley. Bergen is a past president of Women Lawyers of Sacramento and of the Sacramento Chapter of the American Corporate Counsel Association. She also serves as a Board Member of California Lawyers for the Arts. June Coleman, a litigation defense attorney, has joined the Kronick Moskovitz Tiedemann & Girard (KMTG) Business Services Group as an Of-Counsel Attorney. Coleman comes 26 SACRAMENTO LAWYER JULY/AUGUST 2010 to KMTG with more than 13 years of experience representing local, state and national clients in a wide range of complex civil litigation disputes before state and federal courts at both the trial and appellate levels. Her areas of emphasis include defense of consumer rights actions, including litigation involving June Coleman the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, as well as professional liability defense, class actions, commercial litigation, creditors rights, employment law, and litigation involving technology and electronic data. Prior to joining KMTG, Coleman was a founding partner at Ellis Coleman Poirier LaVoie & Steinheimer, a boutique litigation firm. Coleman earned her B.A. from California State University, Sacramento and her J.D. from the University of the Pacific, McGeorge School of Law (with Great Distinction) in 1997. She is a past president of Women Lawyers of Sacramento and currently serves the Sacramento County Bar Association as its Second Vice President. LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 27 DARREL W. LEWIS (Judge Ret.) MEDIATOR Just pick up your phone and dial 916 483-2222 www.MediatorJudge.com JULY/AUGUST 2010 SACRAMENTO LAWYER 27 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 28 Community Service Conflict of Interest Rules Eased for Pro Bono Clinic Services By Vicki Jacobs, Managing Attorney, Voluntary Legal Services Program W hen first inquiring about volunteering their services at our pro bono program, some attorneys express concern about potential conflicts of interest between their existing and former clients and the pro bono clients they will be helping. To help ease these concerns and enable more private attorneys to provide pro bono assistance, in July 2009, the California Supreme Court approved a new Rule of Professional Conduct, Rule 1-650. At Voluntary Legal Services Program (VLSP), the concern over potential conflicts of interest arises most often in the context of the volunteer providing services at a “pro per clinic” where the volunteers provide legal advice and assistance with completion of forms, but do not assist or represent the client beyond the confines of the clinic. In the clinic environment, it is difficult, if not impossible, to allow for prescreening of potential conflicts of interest in advance of the meeting with the client. Rule 1-650 acknowledges that the limited nature of the services provided in the clinic environment significantly reduces the risk of conflicts of interest with other matters being handled by the attorney’s firm. Conflicts of interest in matters that are referred to a private attorney for direct representation throughout the entire legal case or matter are easier to resolve, as there is time available to collect information about the parties involved in the case and to allow the private attorney to conduct his/her usual conflict check before agreeing to take on the case. Rule of Professional Conduct 1-650, long advocated for by the legal services community, makes it easier for private attorneys to volunteer for pro bono work. Specifically, it makes clear that a systematic check for a conflict of interest by volunteer attorneys, with respect to a pro bono client in a short-term limited provision of services context, is unnecessary. Further, a conflict of interest would be imputed to the volunteer attorney only if he/she knows that any attorney in the volunteer’s firm would be disqualified by the usual conflict of interest rules. Even if a conflict of interest would be imputed to the volunteer under this unlikely circumstance, this conflict will not be imputed to other attorneys in the volunteer’s firm. In other words, if an attorney comes to a clinic and is asked to help a client who the attorney knows has an issue adverse to an existing or former client of the attorney or his/her law firm, that attorney should decline to provide services to the pro bono client. If, however, the attorney provides services to a clinic client without knowledge of the conflict, the volunteer will not have a conflict of interest and neither will his/her firm. As a practical matter, Rule 1-650 codifies the existing practice of many attorneys who already volunteer at one of VLSP’s pro per clinics. VLSP hopes that this rule change will encourage more private attorneys and law firms to volunteer at VLSP’s pro per clinics. Please feel free to contact Managing Attorney Vicki Jacobs at vjacobs@vlsp.org to discuss how this change might impact you or your law firm. Wine Tasting continued from page 22 Onus "vertical tasting" of Cabernet Sauvignon from 2003, 2005, 2006 and 2007. Mark Wilson, representing his family's winery since the very first Wine Tasting in 2003, poured a festive Almond Sparkling Wine. The crowd quaffed $800 worth of North American's luxurious blue Iceberg sake, and Michael Terhorst carried three bottles of it away from the silent auction. Judge Thadd Blizzard donated unusual items from his cellar for the auction including a Hop Kiln "Rushin' River 28 SACRAMENTO LAWYER JULY/AUGUST 2010 The Foundation raises funds at the Wine Tasting and the annual ABAS Golf Tournament with the main goal of nurturing future lawyers who will be active in service to the Asian Pacific Islander communities. Red" and a Stama 2005 "Zany Zin." Oak Ridge poured great-tasting wines that also are great values. Besides Ruth's Chris, the event fea- tured food donated by Capitol Deli, Koganae Korean Restaurant, Lotus Thai Restaurant, The Market at Pavilions, Piatti Ristorante, Rickshaw LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 29 SCBA News Update on 2010 Sacramento “Food from the Bar” Program F rom April 19, 2010 through May 14, 2010, the Sacramento County Bar Association and Women Lawyers of Sacramento joined bar associations throughout the nation by sponsoring a “Food from the Bar” food and assistance drive. Food from the Bar is a grass-roots campaign started by lawyers to fighter hunger among children in our communities. The 2010 Sacramento Food from the Bar program benefited the Sacramento Food Bank, with the goal of enlisting every lawyer in Sacramento County to participate in some way – by hosting a food collection barrel, volunteering for a shift at the Food Bank, or making a monetary donation. We are pleased to announce that thanks to the efforts of the participants listed below, the 2010 Sacramento Food from the Bar Program generated roughly 7,000 lbs. in food donations and $4,000 in monetary donations for the Sacramento Food Bank. Through the Food Bank’s relationships with community partners, they are able to turn every $1 donation into $10 of goods and services for the community – meaning the $4,000 donated through our program will result in $40,000 in goods and services for the Food Bank! Thank you to all those members of the Sacramento legal community who made the 2010 Sacramento Food from the Bar Program such a success! Abbott & Kindermann, LLP Beeson Tayer & Bodine Boutin Gibson DiGiusto Hodell, Inc. Brennan Wise Law Group Bullivant Houser Baily, PC Cuneo Black Ward & Missler Drobny Law Offices Rick's, Samurai Sushi, Sarang Bang, Smile Food Market and Trader Joe's on Folsom Boulevard, including California Roll sushi, potstickers, sandwiches, cheese and crackers, dogurantang, japchae, and pad thai noodles. As usual, the sushi went fast! The Foundation raises funds at the Wine Tasting and the annual ABAS Golf Tournament with the main goal of nurturing future lawyers who will be active in service to the Asian Pacific Islander communities. Student applicants are selected for their proven Greenberg Traurig, LLP Hanson Bridgett, LLP Hardy Erich Brown & Wilson Jay-Allen Eisen Law Corp. Kenyon Yeates, LLP Law Office of Mary-Alice Coleman Lewis Brisbois Bisgaard & Smith Matheny Sears Linkert & Jaime, LLP Nageley Meredith & Miller, Inc Nossaman LLP Olson Hagel & Fishburn, LLP Porter Scott Seyfarth Shaw LLP Somach, Simmons & Dunn Stoel Rives LLP Timmons Owen & Owen, Inc Trainor Fairbrook Weintraub Genshlea Chediak Woodruff O’Hair Posner Salinger California Attorney General’s Office Office of the California Legislative Counsel Sacramento City Attorney’s Office Sacramento County District Attorney’s Office Family Law Department, Sacramento Superior Court Hon. Kimberly J. Mueller (U.S. Magistrate) Antonia Darling (Asst. U.S. Trustee) JAMS of Sacramento Voluntary Legal Services Program potential for leadership and community service, financial need, and academic achievement. Several individuals fund scholarships annually; including former Assemblyman Phil Isenberg and Marilyn Araki Isenberg, and criminal defense attorney Chuck Pacheco. The Foundation's law student scholarship awardees this spring, studying at Pacific-McGeorge, UC Davis and Lincoln law schools, are JiHyun Cho, Ngoc Kim Le, Candace M. Lee, Dahyun Lee, Cendy Liu, Adrianne J. Lo, Jooujin Abigail Park, Marcy Seo, Jennifer J. Shih, Lisa Ventura, Cheryl Wei and Michael L. Wu. Awards totaled $16,000 at the time of the event. Scholarship applications will be taken again in early 2011. This fall's Golf Tournament will be held at Turkey Creek on September 12. Next spring's Wine Tasting at Pavilions will take place on May 12. Those interested in sponsoring either event should contact Foundation treasurer Jerilyn Paik at 568-1222. JULY/AUGUST 2010 SACRAMENTO LAWYER 29 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 30 Section & Affiliate News Barristers’ Club of Sacramento Update The Barristers’ Club of Sacramento proudly welcomes two new members to the Board of Directors. T he Barristers’ Club of Sacramento is continually striving to come up with original and innovative ways to contribute to the Sacramento legal community, particularly to help younger lawyers as they make their transition from law school to law practice. In keeping with that goal, the Board of Directors has decided to enlist some new recruits. Let us introduce our newest members to the Board of Directors, Colleen Howard and John Doyle. Colleen is an associate attorney at Porter Scott, and she will also serve as the Board of Directors’ Asian/Pacific Bar Association of Sacramento’s representative. Colleen earned her Bachelor of Science from the University of California at Davis in 2003. She received her Juris Doctor from the University of Oregon in 2008, where she was Editor-in-Chief Colleen Howard of the Journal of Environmental Law and Litigation, and was also a member of the Moot Court Board. Her practice focus at Porter Scott is broad and includes business, healthcare, real estate, and personal injury. John is also an associate attorney at Porter Scott. John earned his Bachelor of Arts from Loyola Marymount University in 2003, where he was named an Outstanding Senior Scholar for Excellence in Economics. He received his Juris Doctor from University of the Pacific, McGeorge School of Law in 2009, where he was named to the Dean’s List and the Traynor Honor Society. While at McGeorge, John was the Associates John Doyle Articles Editor for the Pacific McGeorge Global Business & Development Law Journal. John was also a member of the McGeorge Rugby Football Club, and he still remains active in the Club today. His practice focus at Porter Scott includes business, construction, personal injury and real estate. Welcome to our new directors! 30 SACRAMENTO LAWYER JULY/AUGUST 2010 By Amanda Gimbel, Barristers’ Media Chair Barristers’ Club Update The Board of Directors continues to give back to the Sacramento community by helping those less fortunate. As mentioned in our last update, the Board of Directors has been volunteering at St. John’s Shelter for Women and Children by covering the cost of dinner and by helping prepare the meals. St. John’s has recently given the Barristers’ Club a permanent slot to do this on the second Wednesday of every month. If you would like to get involved and help out your community with the Barristers, please contact our President, Stacy Moak, at moaks@beutler.com. Recently, the Barristers’ Club, in conjunction with McGeorge School of Law and the American Board of Trial Advocates, offered a seminar on Effective Advocacy through Expert Witness, given by Professor David A. Sonenshein of Beasley School of Law, Temple University. The seminar was a huge success, with a packed house eager to hear the renowned speaker discuss the law and techniques regarding use of expert witnesses. Thanks to everyone who came to hear this noteworthy speaker. The Barristers’ Club would also like to extend a special thank you to James Anwyl and the Sacramento Valley Chapter ABOTA members for their support in making this event possible. If you have suggestions regarding topics for other seminars, please contact our Media Chair, Amanda Gimbel, at agimbel@pkwhlaw.com. Mark your calendars for Thursday, July 15. The Barristers’ Club of Sacramento is hosting its annual Summer Associates Reception at the Park Ultra Lounge from 5:30 p.m. to 7:30 p.m. The Summer Associates Reception was originally organized to celebrate the Sacramento County Bar Association’s Diversity Fellowship Program, and today it also honors all of our summer associates as they finish out their summer and head back to school. The Park is located in downtown Sacramento at 1431 L Street. If you are interested in sponsoring the Summer Associates’ Reception or have any questions, please contact our Media Chair, Amanda Gimbel, at agimbel@pkwhlaw.com. LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 31 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 32 3620 American River Drive Suite 260 Sacramento, CA 95864 (916) 974-8600 Business, Commercial, Construction Claims and Defects, Employment, Insurance, Intellectual Property, Malpractice, Probate, Product Liability and Real Estate Disputes. Calendar and further information online at: www.malovoslaw.com. Call for FREE Brochure 488-5088 32 SACRAMENTO LAWYER JULY/AUGUST 2010 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 33 C A L E N D A R Second Wednesdays - SCBA Barristers serve at St. John’s Shelter for Women (page 30) Index of Advertisers Barrister’s Club Summer Associates Reception . . . . . . . . . . . . .Page 21 Bench Bar Reception . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back Cover Boyd & Kimball LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23 July 14 - SABA Wine Tasting, 58 degrees wine bar from 5:00pm-8:00pm. Contact Niti Gupta for more details: Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 27 Downey Brand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 26 Family Law Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 32 niti.gupta@yahoo.com JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 15 July 15 - SCBA Barristers Annual Summer Associates Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 6 Reception, Park Ultra Lounge, 5:30-7:30pm (page 30) Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 32 Law Office of Anthony T. Caso . . . . . . . . . . . . . . . . . . . . . . . .Page 26 August 28 - WMBA Legal Fusion, Sheraton Grand, 5pm Lawyer Referal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 21 (page 24) Legal Fusion 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 24 Len Fishman, Appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23 September 2 - Submission deadline for November/December Mary Burroughs Studio.com . . . . . . . . . . . . . . . . . . . . . . . . . .Page 10 issue of Sacramento Lawyer Mechanics Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 31 Northern CA Collection Service . . . . . . . . . . . . . . . . . . . . . . .Page 13 September 12 - ABAS Golf Tournament, Turkey Creek Paul S. Hokokian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 5 (page 4) Ramsay “Buzz” Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23 Sacramento Law Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 11 September 15 - WLS Art Fest, Vizcaya 6-8:30pm Sacramento Law Foundation Instant Wine Celler . . . . . . . . . .Page 25 (page 35/inside back cover) Sacramento Lawyer Magazine . . . . . . . . . . . . . . . . . . . . . . . . .Page 16 SCBA Diversity Fellowship Anniversary and Reunion . . . . . . .Page 33 October 1 - SCBA Diversity Fellowship Committee, Arden Hills Resort Club and Spa, 6pm (page 33) Thomson Reuters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 34 Ueltzen & Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 32 University of the Pacific, McGeorge School of Law . . . . . . . . .Page 27 October 6 - SCBA Bench Bar Reception (back cover) WLS Artfest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 35 The Sacramento County Bar Association Diversity Fellowship Committee is celebrating the SCBA Diversity Fellowship Program's 20th Anniversary and Reunion. Please mark your calendars now: Friday, October 1, 6:00 PM Arden Hills Resort Club and Spa 1220 Arden Hills Lane Sacramento, CA 95864 Invitations will be sent to all past and current fellows, participating law firms, McGeorge and UC Davis law school representatives, committee members and representatives of the SCBA. JULY/AUGUST 2010 SACRAMENTO LAWYER 33 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 34 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 35 LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:14 AM Page 36 SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE 1329 Howe Ave., #100 • Sacramento, CA 95825 Wednesday, October 6, 2010 • 5:30 - 7:30pm Towe Auto Museum 2200 Front Street, Sacramento, CA 95818 Announcing Judge of the Year Appetizers and hosted bar Jazz combo Tickets: $50.00 for members $60 for non-SCBA members, Law Students: $35.00 $55 for members at the door $65 for non-SCBA members at the door Law Students: $40.00 at the door RSVP to: Reception@sacbar.org or call 564-3780 x200