Contra Costa Lawyer - Contra Costa County Bar Association

Contra Costa Lawyer
Volume 22, Number 3 • March 2009
The official publication of the
B A R A S S O C I A T I O N
Family Law
Whiting, Fallon, Ross & Abel, LLP
Matrimonial Attorneys
William F. Whiting
Certified Family Law Specialist
Andrew Ross
Certified Family Law Specialist
R. Ann Fallon
Certified Family Law Specialist
Gregory C. Abel
Certified Family Law Specialist
f
Kimberly Campbell
Courtney O’Hagan
Michael T. Bonetto
Founded in 1981, Whiting, Fallon, Ross & Abel, LLP devotes its practice
exclusively to family law matters. Each of the partners is a Certified Family
Law Specialist, certified by the State Bar of California, Board of Specialization,
and each of the partners is a Fellow of the American Academy of Matrimonial
Lawyers. The firm employs discovery paralegals and legal assistants, each of
whom has had extensive training and experience in the Family Law practice.
101 Ygnacio Valley Road, Suite 250, Walnut Creek, California 94596
telephone (925) 296-6000 • facsimile (925) 296-6001 • email whiting@disso.com
Contra Costa Lawyer
Volume 22, Number 3 • March 2009
B A R A S S O C I A T I O N
contents
features
departments
8 Thoughts on Practicing
Family Law in a depressed market
Are we in an economic depression? You'll want
to read what this author has to say!
David M. Lederman
4 Inside
Lee Pearce
6
Judicial Profile
Hon. Brian F. Haynes
10 Appraisals and challenges in the
current market environment
Is your divorce case dragging on for months? Read
how the appraisal "update" can play a pivotal role,
among other factors.
Steve Lederer
12
Question Man
How do you think the same-sex marriage
issue will eventually be resolved?
20 ethics Corner
Carol M. Langford
14 The Bus and the taxi
22
Should a client take the bus (public court) or a taxi
(private judging)? Each option has its advantages.
Judge Barry Goode and Judge Pro Tem Lee Pearce
18 The vacation Maven
Planning a "staycation"? This article provides
some budget-conscious alternatives.
M. Sue Talia
About the cover . . .
Is this couple fighting
over who gets the house...
or who gets stuck with it?
Normal times, these are not.
Classifieds
proofed, spell checked, hyphens, alignment
inside
2009 BOARD of DIRECTORS
Larry Cook President
Ron Mullin President-Elect
Kathy Schofield Secretary
Audrey Gee Treasurer
Robin Pearson Ex Officio
Leigh Johnson
Christopher Bowen
Kristen Thall Peters
Oliver Bray
Ron Rives
Mike Brewer
Dana Santos
Jay Chafetz
Stephen Steinberg
Virginia George
Candice Stoddard
Peter Hass
CCCBA EXECUTIVE DIRECTOR
Lisa Reep: 925.288-2555 • lgreep@cccba.org
CCCBA main office: 925.686-6900 • www.cccba.org
Jennifer Comages
Membership Coordinator
Maria Navarrete
LRIS Coordinator
Emily Day
Systems Administrator and
Fee Arbitration Coordinator
Barbara Tillson
Moderate Means Program
Coordinator
Michele Vasta
Section Liaison / Education
& Programs Coordinator
Manny Gutierrez
Administrative Assistant
and Legal Interviewer
Contra Costa Lawyer
EDITOR
Candice Stoddard
925.942-5100
ASSOCIATE EDITOR
Nancy J. Young
925.229-2929
BENCH LIAISON
Hon. Mary Ann O'Malley
925.646-4001
BOARD LIAISON
Candice Stoddard
925.942-5100
COURT LIAISON
Kiri Torre
925.957-5607
ADVERTISING/DESIGN
Young Design & Production
925.229-2929
PRINTING
Excel Graphics
925.552-9998
PHOTOGRAPHER
Moya Fotografx
510.847-8523
EDITORIAL BOARD
Kate Bekins
925.284-0480
Mark Ericsson
925.930-6000
Matthew P. Guichard
Local Civil Jury Verdicts
925.459-8440
Nicole Mills
925.351-3171
Craig Nevin
925.930-6016
Andrea L. O’Toole
925.838-2090
David Pearson
925.287-0051
Ericka Portillo
925.459-8440
Andy Ross
925.296-6000
Kathy Schofield
925.253-7890
Audrey Smith, JFK Liaison
925.969-3561
Marlene Weinstein
925.942-5100
The Contra Costa Lawyer (ISSN 1063-4444) is published
monthly by the Contra Costa County Bar Association (CCCBA),
704 Main Street, Martinez, CA 94553. Annual subscription of $25
is included in the membership dues. Second-class postage paid
at Martinez, CA. POSTMASTER: send address change to the
Contra Costa Lawyer, 704 Main Street, Martinez, CA 94553.
The Lawyer welcomes and encourages articles and letters from
readers. Please send them to Nancy J. Young, Associate Editor,
Contra Costa Lawyer, P.O. Box 1867, Benicia, CA 94510.
The CCCBA reserves the right to edit articles and letters
sent in for publication. All editorial material, including editorial
comment, appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of
the CCCBA or the Board of Directors. Likewise, the publication
of any advertisement is not to be construed as an endorsement
of the product or service offered unless it is specifically stated
in the ad that there is such approval or endorsement.
4
by Lee C. Pearce
The world is a very different place than it was the last time I was president of the Family
Law Section some 20 years ago. Email, cell phones and the internet have revolutionized
everything from how we do legal research and check file status at the court to how we
communicate with our clients, witnesses and opposing counsel, transmit and file documents
and even make court appearances. In 1988, the economy was starting to boom again after
the recession of the early ’80s.
Not so much now. That flushing sound you hear is the loss of tens of thousands of jobs each
day. But it seems that one of the constants is divorce. Popular culture to the contrary, it is
my experience that sex and infidelity are not the primary causes of divorce: they are far
eclipsed by conflicts over money (both too much and too little), one of life’s great stressors.
In normal times, divorcing couples have conflicts over money, which are compounded by
the reality that the funds that once supported one household (sometimes barely) now have
to support two. In normal times, divorcing parties are scared about their kids, about
having to sell the house and relocate, get a job or refresh an education, and dealing with
the garden variety disruptions inevitable in divorce. But normal times, these are not. What
if the house is upside down and can’t sell? What if, instead of fighting about who gets to
keep the house, they are fighting about who gets stuck with it? What if there are no jobs,
not only for the secondary wage earner who is hoping to go back to work after child rearing,
but for the primary wage earner? Child and spousal support dry up and the cycle accelerates.
You can’t impute income to somebody who can’t get a job.
Sad to say, the divorce business appears to be recession-proof. That is, depending on how
you define “business.” There will always be divorce clients in good times and bad. Lawyers
will always have clients. Getting paid timely? That part isn’t recession-proof. Lawyers are
having to be creative about how they serve their clients, how they bill, how they structure
their offices and staff, what costs they advance, and how they run their practice. Unbundling
or limited scope representation is an increasingly popular way of helping a client who can’t
afford to hire your full service, but can afford to pay for a limited amount of a lawyer’s time.
Increasingly, law practice efficiency is essential, as the wasteful work habits that could be
absorbed in flush times become an unaffordable luxury now.
This issue focuses on the practice of family law in the context of the current economic times,
with articles on the practice of family law, residential appraisals, alternatives to the court,
and cheap travel. We are also sponsoring a workshop aimed at solo and small firm prac­
titioners on Reefing the Sails: Practicing Law in Stormy Financial Times on April 24 at Scott’s
in Walnut Creek. All of our articles are designed not to depress you (watching the news
can do that without our help), but to highlight the issues of the times as they relate to our
practice, and provide practical tools for weathering the storm. u
— Lee C. Pearce, a member of the State Bar of California since 1975, was a member of the first class
of Certified Family Law Specialists in 1980, and has limited his practice to family law mediation and
litigation since then. He has recently limited his practice to family law mediation and private judging.
March 2009
Mark V. Murphy
Annual State-of-the-Court Address
Contra Costa Country Club
801 Golf Club Road - Pleasant Hill
Friday, March 20, 2009
Social 11:30am - Noon
Luncheon and program Noon - 1:30pm
Take this unique opportunity to join members of our Bench for lunch. In addition
to an update by Presiding Judge Mary Ann O’Malley on the budget and other
issues that may impact your practice, representatives from each Superior Court
Division, including Family Law, Civil Fast Track, Criminal, Probate, Juvenile,
Probate, and our new Elder Law Court will provide updates on changes in their
respective departments. As always, we will seat at least one bench officer at each
table and will leave time for socializing during lunch before the program begins.
As of mid February, the following bench officers have confirmed their attendance:
Terence Bruiniers (Criminal update); Judy Craddick (Civil Fast Track update);
Joyce Cram (Elder Law Court overview); Barry Goode (Family Law update);
Don Green (Probate update); Lois Haight (Juvenile update); Diana Becton Smith,
Assistant PJ; Barry Baskin; Laurel Brady; Theresa Canepa; Ron Creighton;
Lewis Davis; Jill Fannin; Susanne Fenstermacher; John Kennedy;
Thomas Maddock; Cheryl Mills; Steve Treat
Members $40 • Non-members $50
1 hour general MCLE Credit
Menu Options
Sliced Pork Loin stuffed with apples,
onions and figs with a Tawny Port glaze;
Chicken Breast Florentine stuffed with spinach
and mushrooms with a Spanish Paprika Veloute
(vegetarian option available)
To register, please phone in your Visa/MC/AmEx/Discover (925.370.2548)
or send check, payable to CCCBA, to Michele Vasta, CCCBA,
704 Main Street, Martinez 94553
Please call Michele Vasta, 925.370.2548, for additional information.
Contra Costa Lawyer
Personal Injury
Referrals Requested
Over 25 years experience
representing injury victims.
Practice dedicated solely to
Personal Injury.
Each client given prompt,
courteous attention.
Antioch and
San Ramon Offices
925.552.9900
Why you should make
referrals to CCCBA’s LRIS
• Our LRIS is the only State Bar certified
(certification #0018) and American Bar
Association approved lawyer referral service
in our county;
• LRIS has been providing quality referrals
as a public service since 1978;
• LRIS panel attorneys are required to meet
specific experience requirements as a prerequisite to joining the service;
• Every LRIS attorney is required to carry
malpractice insurance;
• LRIS has an experienced, friendly and
knowledgeable staff to assist you.
If you have any questions or would like more
information, please contact the LRIS staff at
925.686-6900. If you’re interested in joining
the LRIS, please contact Maria Navarrete,
LRIS Coordinator, at 925.370-2542 or go to
“Join the LRIS” under “Member Resources”
at www.cccba.org.
5
judicial profile
“Complete ADR Services”
ADR PROFESSIONALS
JUDGE MICHAEL J. BERGER
JUDGE RICHARD H. BREINER
HON JEANNE MARTIN BUCKLEY
JUDGE VICTOR CAMPILONGO
JUDGE JOHN J. GALLAGHER
JUDGE ISABELLA H. GRANT
JUDGE RONALD GREENBERG
JUDGE INA LEVIN GYEMANT
JUDGE HADDEN ROTH
JUDGE VERNON F. SMITH
PATRICK M. BRODERICK
CLAYTON E. CLEMENT
W. GREGORY ENGEL
HOWARD M. GARFIELD
PERRY D. LITCHFIELD
GARY T. RAGGHIANTI
PAMELA M. SAYAD
MICHAEL D. SENNEFF
ERIC STERNBERGER
MATTHEW N. WHITE
RICHARD S. WHITMORE
W. BRUCE WOLD
Look for us on the Web
www.resolutionremedies.com
Famous ResRem Lunches
Honorable Brian F. Haynes
Brian F. Haynes was born on October
4, 1964 in Springhill, Louisiana. He
received his BA from the University of
Louisiana; and his JD from California
Western School of Law.
Courtroom information Department 11,
Political affiliation Republican.
Typical weekly schedule Jury Trial: Monday
(continuing), Thursday, Friday. Preliminary
Hearings: Tuesday. Readiness Conference and
Pretrial Conference: Wednesday.
Pre-bench legal experience Contra
Costa
Deputy DA (1988-2007).
16, 2007
Teleconferencing Judge Haynes does not
to present.
allow teleconferencing at this time.
Pre-bench civic and professional activities
In limine motions The judge requests that
California District Attorney’s Association
Sexually Violent Predator Committee;
Vice President, Contra Costa County
Deputy DA’s Association; Contra Costa
County Superior Court Behavioral Health
Court Steering Committee; Umpire,
Clayton Valley Little League.
Voir dire The court conducts extensive voir
Judicial experience November
Current civic and professional activities
Contra Costa County Superior Court Bail
Committee; Contra Costa County Superior Court Security Oversight Committee;
Contra Costa County Superior Court
Employee Awards Committee; 100 Club
of Contra Costa County.
Diane Levinson-Fass, President
Diane Story, Vice President
Tel: (800) 778-2823
y CCCBA-RR REV(2009).doc
6
45 Civic Avenue, Pittsburg 94565; phone
925.431-0811, fax 925.431-0869. Court
Reporter: Patricia Malone; Clerk: Nina
Salgado; Bailiff: Jimmy Green.
Recent publications “Behavioral
Health
Court,” Contra Costa Lawyer, Volume 20,
October 2007.
these motions be submitted upon assignment of trial.
dire, and counsel are allowed 20 to 30
minutes with the first 18 jurors, and 5 to
10 minutes with additions to 18-pack.
Jury instructions Instructions
should be
submitted prior to opening statement.
Computers, audio-visual and cameras in
the courtroom Judge Haynes allows this
technology in his courtroom. u
Did you know that the CCCBA website has
40+ Contra Costa County Superior Court
judicial profiles so far? Go to www.cccba.org
— "Member Resources to Judicial Profiles."
March 2009
contra costa lawyer rates
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Elder Law is
The average survival rate is eight years after being
diagnosed with Alzheimer’s — some live as few as
three years after diagnosis, while others live as long
as 20. Most people with Alzheimer’s don’t die from
the disease itself, but from pneumonia, a urinary
tract infection or complications from a fall.
Until there’s a cure, people with the disease will
need caregiving and legal advice. According to the
Alzheimer’s Association, approximately one in ten
families has a relative with this disease. Of the
four million people living in the U.S. with
Alzheimer’s disease, the majority live at home —
often receiving care from family members.
If the diagnosis is Alzheimer’s,
call elder law attorney
Michael J. Young
Estate Planning, Disability, Medi-Cal,
Long-term Care & VA Planning
Protect your loved ones, home and independence.
Alzheimer’s
Planning
Contra Costa Lawyer
n
925.256.0298
www.YoungElderLaw.com
1931 San Miguel Drive, Suite 220
Walnut Creek, California 94596
Forensic Real Estate Appraisal
Specializing in services for family law,
estate planning and litigation support.
Quality valuation services for all types
of real estate, individually tailored
to each client’s specific needs.
We offer appraisal services to individuals,
attorneys, State and Federal Courts,
corporations, accountants, lenders,
government agencies, casualty / title
insurance companies, and many others.
Alvin R. Bergren MAI
925.932-3106
www.landmarkvaluation.com
Glenn & Dawson LLP
Certified Public Accountants
Donald A. Glenn CPA, ABV, CVA, CFE
Leslie O. Dawson CPA, ABV, CVA
Specializing in
Litigation Support – family law
Business Valuations
Probate and Estates
Financial Investigations
Audit Tax and Accounting Services
for individuals and
privately owned companies.
323 Lennon Lane, First Floor
Walnut Creek, CA 94598
Telephone (925) 945-7722
Facsimile (925) 932-1491
7
Thoughts on Practicing Family Law in a
Depressed Market
by David M. Lederman
In times of crisis some people have
a tendency to shut down or shut out. It
is easier to do nothing than deal with
negative facts. As our clients contend with
the current economic depression (and yes,
I believe we are in a depression), they are
acting in increasingly desperate ways. This
article will explore some of those actions
and methods for dealing with them.
What is a depression?
Understand before reading any further:
I am not an economist (other than armchair).
I am merely a family law attorney. Regardless, as stated above, I believe we are in
an economic depression.
Economists tend to distinguish recessions and depressions based on quarterly
economic data. The Economist magazine
defines depression as “A bad, depressingly
prolonged RECESSION in economic
activity. The textbook definition of a
recession is two consecutive quarters of
declining output. A slump is where output
falls by at least 10%; a depression is an
even deeper and more prolonged slump
[emphasis in the original].”1
One problem with the above definition? The information comes too slow to
use as an analytical tool. We often do not
know the quarterly economic data until
long after the quarter is over. This is not
helpful. I prefer Saul Eslake’s approach.
Mr. Eslake, chief economist at ANZ bank,
believes “that the difference between a recession and a depression is more than simply one
of size or duration. The cause of the downturn
also matters. A standard recession usually
follows a period of tight monetary policy, but
a depression is the result of a bursting asset
and credit bubble, a contraction in credit, and
8
a decline in the general price level.”2 Does
this sound familiar? Housing prices
crashing, stock market crashing, and
the standard responses to a recession are
not working.
Why should we care?
The short answer? Strategy. If you adjust
your thinking to deal with a depression
after the depression has started, it is too
late. We should think about responses to
a depression both with regard to our business strategy (not the subject of this
article) and client management strategy.
What is the impact of this
depression on our clients?
First, although divorce itself can be a
depressing business, there is an increase
in clients coming into our offices with an
absolute sense of helplessness. My practice
is in East Contra Costa County, where the
housing price collapse was the worst. It
is now “normal” in my practice for divorcing parties to have a negative equity estate.
For those readers who do not practice
family law, this means that it is now
“normal” for a family’s debts to exceed
the value of all of its assets, including real
estate, pensions and investments.
In short, almost everything the parties
have worked for throughout their lives is
undone. In this economic depression, it
is frequently not possible for any of the
parties to live anywhere near their old
marital standard of living. The marital
standard of living probably contributed
heavily to the parties’ current economic
woes. In the past, a house could be sold
and the proceeds used to give the parties
seed money to start anew. Now the big
question is often, “Who gets the albatross?” … or do they just walk away from
the house and allow it foreclose?
This is the Morton’s Fork. There is no
good answer and no clear road to a happy
resolution. People in these circumstances
frequently cannot make decisions. They
are swallowed by the psychological depression that follows from having multiple
choices — none of which leads to a favorable outcome. In the safety of our offices,
we can help people understand their objective choices and help them accept their
predicament, but we do not live with them
and cannot step in when they feel the most
depressed. Worse, it seems the psychological depression is self perpetuating.
Sometimes the client just breaks. In a
recent case, it appeared that the parties
were making progress towards an amicable
dissolution. The other party, the father of
three minor children, was making progress
towards a joint custodial schedule (and
seeing the children on an ever increasingly
longer and consistent schedule). The
family residence was sold and the parties
were to receive some proceeds from its
sale. Although the objective professionals
saw progress in the parties’ circumstance,
this party did not. He quit his job and
simply left the country. No goodbyes — he
simply walked out abandoning his children
and his support obligations to his wife.
The most troubling aspect of this pattern
is that it is not isolated.
In the past, clients complained about
paying spousal support, but largely understood the concept and paid grudgingly, if
not willingly. Now, more and more are
talking about just giving up. Immigrants
from foreign nations who worked hard to
March 2009
come to the United States are asking,
“why bother?” As in the example above,
now some are deciding that it is much
easier for them to start fresh and to hell
with the ex-spouse and kids.
We are attorneys, not psychologists.
While our clients need our objective
guidance and input, we cannot give them
psychological assistance. We try to tether
our clients to the objective reality of their
circumstance – just because circumstances
are bad does not mean they can be ignored.
Explain their options, as you understand
them, and refer them to professionals who
can complete areas that exceed our experience and expertise. This helps allay their
fears of the unknown and will help a
majority of clients.
The Law Offices of David M. Lederman
David M. Lederman
Certified Family Law Specialist
Tom Smith
Associate Attorney
State Bar Board of Legal Specialization
Practicing exclusively in all aspects of Family Law
in Walnut Creek and Antioch
Final words of caution
Know your limitations. A family law attorney should not give tax advice or psychological counseling. We cannot fix everything and should not try, even though the
temptation is there.
3432 Hillcrest Avenue • Suite 100 • Antioch, California 94531
309 Lennon Lane • Suite 102 • Walnut Creek, California 94598
Phone 925.522-8889 • Fax 925.522-8877
www.ledermanlaw.net
Make referrals. If clients are exhibiting signs
of depression or despondency, immediately
refer them to a mental health professional
(and/or if tax advice is needed, refer them
to an accountant or tax attorney).
Do not make your client’s decisions. Very
frequently a client will ask, “What should
I do?” Clearly tell your clients that you
can advise and evaluate, but that you, as
their attorney, do not need to live with
the result of their decisions. They must
take ownership of their own decisions. u
— David M. Lederman is a
Family Law Specialist, certified
by the State Bar of California,
Board of Legal Specialization.
He is the principle attorney for
the Law Offices of David M.
Lederman (www.ledermanlaw.net), located in
Antioch and Walnut Creek. David was the 2008
CCCBA Family Law Section President.
http://www.economist.com/research/Economics/
searchactionterms.cfm?query=depression
2
The Economist (print edition), Vol. 390, Number
8612, January 3, 2009, page 57, Economic Focus: Diagnosing depression.
1
Contra Costa Lawyer
and
Mediation Center
“A unique and effective style a great mediator”
Candice Stoddard Ron Mullin
One Corporate Centre p 1320 Willow Pass Road, Suite 420
Concord, California 94520
Telephone (925) 798-3413 p Facsimile (925) 798-3118
Email ronald@mullinlaw.com
9
Current
Market
Environment
Appraisals
and
Challenges
in the
by Steve Lederer
Every month there is new data
published about median home prices
throughout California and changes in sales
activity. While this data provides some
general overview, it isn’t much help for
the appraiser who is working on, for
example, a particu­lar divorce case. The
appraiser’s concerns are centered on the
market conditions that are affecting the
subject property.
The Bay Area has hundreds of micro
markets for residential property and all
of their dynamics are represented by different pockets in Contra Costa County.
Every single appraisal assignment requires
a fresh analysis of supply, demand and
absorption rates. While there may not be
any easy appraisals right now, there are
some new exciting new challenges for the
conscientious professional.
Appraising homes in neighborhoods
impacted by bank-owned properties and
short-sale inventory is one of the challenges. We ask ourselves, “Should sales of
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10
bank-owned properties be used as comparables? Are there parallel markets in
some communities — one market for
owner-occupied homes and one for vacant
homes that are in foreclosure? These are
valid questions.
The short answer is found in the definition of market value. Market value, most
commonly used for residential property,
is defined as the value which is exemplified
by activity between “typically motivated
sellers and typically motivated buyers.”
If the appraiser identifies the typically
motivated seller in a neighborhood as
REO managers who are liquidating inventory, then these sales are the ones that
define the market for that neighborhood,
and those comps are fair game for the
appraiser.
If, however, there are only a few foreclosures in the neighborhood, then the
appraiser needs to conduct additional
research to see if these comparable sales
are representative of a typical transaction,
with prices that are unaffected by undue
stimulus. Some banks will sell foreclosed
homes “as is” with uncorrected maintenance items. Others will make the effort
to put a foreclosed home into “average
marketable condition,” with new flooring
or new paint or a new front lawn. Some
bank-owned property is indistinguishable,
physically, from owner-occupied property,
but the sale price for these properties can
be impacted by business decisions made
by the bank. Because sales activity in
many neighborhoods is very slow right
now, comparable sales are often scarce and
this compounds the challenge. Appraisers
sometimes feel they have no choice when
selecting their comparable sales.
Another challenge for the appraiser is
to identify neighborhoods where fore­
closures are just starting to creep into the
inventory. The astute appraiser can spot
this trend by checking the percentage of
closed and pending sales that are financially distressed, and comparing that to
Julie Schumer
Certified Appellate Specialist
Certified by the State Bar of California Board of Legal Specialization
Motions, Appeals & Writs
30 years experience
925.254.3650
juliesch@ix.netcom.com • www.bayareaappellatelawyer.com
March 2009
the percentage of active listings that are
financially distressed. If the active listings
have a significantly higher percentage of
foreclosures, then there will be downward
price pressure in that neighborhood looking forward.
An appraiser must be able to effectively
scan the market data for bank-owned
properties and short-sales. Fortunately,
our local Multiple Listing Service (the data
base used by Realtors and residential
appraisers) has search parameters, making
this a manageable but time-consuming
task for those who are willing to master
its intricacies.
Another huge challenge for residential
appraisers is the appraisal “update.” Because
divorce cases can drag on for several
months, the original opinion of value can
be invalid by the time the case is ready to
settle. The savvy attorney realizes that the
Uniform Standards of Professional
Appraisal Practice defines the appraisal
update as a new, second appraisal. The
experienced appraiser knows that he should
research, analyze, and utilize a new set of
recent comparables if they are available. It
is surprising how quickly the dynamics of
supply and demand can alter the attitudes
and expectations of buyers and sellers,
even in the best of neighborhoods.
Finally, for some perspective, consider
that in 1989 residential real estate values
in California started a decline that lasted
for several years, bottoming out after 1995.
When buyers suddenly woke up one day
and started snatching up homes again,
prices rebounded very quickly. The loss in
value evaporated and prices rose steadily
until our current crisis. It is inevitable that
this will happen again, to some degree. It
will happen when buyers achieve a comfort
level with their personal financial status
and the direction of the overall economy.
Who will be the first to recognize the
rebound when it starts to happen? u
— Steve Lederer, SRA, appraises residential
property in Contra Costa County and Alameda
County for mortgage transactions, family law
matters, litigation support, trust valuation,
estate tax purposes and corporate relocation.
Contra Costa Lawyer
Northern California
Mediator / Arbitrator
11 years as Mediator
20 years as Arbitrator
28 years in Civil Practice
•Training includes Mediation Course at
Pepperdine University 1995
Roger F. Allen
510.832-7770
Ericksen, Arbuthnot, Kilduff,
Day & Lindstrom, Inc.
155 Grand Avenue, Suite 1050
Oakland, CA 94612
rallen@eakdl.com
•Serving on Kaiser Medical Malpractice
Neutral Arbitrators Panel
•Settlement Commissioner, Alameda and
Contra Costa Counties
•Pro Tem Judge, Small Claims,
Alameda County
•Experienced in all areas of Tort Litigation,
including injury, property damage, fire loss,
malpractice, construction defect
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925.944.0180 ext. 216
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11
Question man
How do you think the same-sex marriage
issue will eventually be resolved?
A majority of California voters
will eventually vote for marriage
equality. This will occur relatively soon, when older more
conservative voters are replaced
by younger voters.
Robert Seeds
Greenan, Peffer, Sallander & Lally LLP
It’s a rights issue and eventually those
who feel that their love is more sacred
than another’s will come around.
Cheryl Fabio
JFK Law Student
Gays and lesbians will be every bit
as miserable as we heterosexuals.
Joshua Genser
Genser & Watkins, LLP
With education, compassion, and respect.
Joseph M. Nykodym
Ryan & Lifter
There is no doubt that the
agents of intolerance will
eventually lose and our better
angels will triumph. The
inauguration of our new
President proved that.
Jody Yudien
Yudien & Associates
Your question presupposes that the issue
will eventually resolve. Ask the Middle
East the same question. These
factions may never be able to
resolve the issue.
A G Ashe
I hope that all unions will be
civil unions, which can be
“blessed” by a church of choice
or not. This allows all to enjoy
equal rights.
My hope is that religious/spiritual
marriage will be separated from staterecognized unions. I believe the solution
will be to allow couples to register a
civil union with the state, which confers
all the rights and benefits of current
“marriage” and allows weddings and
religious marriage ceremonies to be conducted in accordance with personal beliefs.
These marriages would confer no staterecognized benefits.
In about 20 years, we will be able to smoke
legal marijuana at legally recognized gay
marriages.
Leah Presley
David L. Roth
One would hope that “samesexism” will go the way of
racism. It may be a slow and
painful journey, but the end
result will be that marriage
is allowed and honored —
both legally and by most of society
— between any two humans of legally
consenting age who are not related by a
certain level of consanguinity. “Legal
unions” instead of marriage will go the
way of separate-but-equal drinking
fountains.
It will be resolved the same day the abortion issue is finally resolved and the
Israeli-Palestinian issue is finally resolved.
Never!! They are basically religious issues
and true believers never settle/compromise their beliefs. Each side will always
file another proposition to overrule the
last proposition.
Law Office of Leah Presley
Stuart C. Gilliam
Bennett, Samuelsen, Reynolds & Allard
Even if the state and federal supreme courts
uphold California’s and other states’ bans
now, legislation and/or future court decisions will permit same-sex marriage in
10, 100, 1,000 years or more.
Even if it takes a million years,
it will “eventually” happen.
Kurtiss Jacobs
Solo, Concord
Bonnie Johnson
Law Office of Bonnie L. Johnson
Real Estate Law Offices of David L. Roth
Patrick E. Clancy
Clancy Litigation Group
Probably in court. Seriously,
this is a matter in which the
Cal Supremes will overturn
an invalid “mandate” of the
people and this will go up
before the U.S. Supreme
Court to be decided on a constitutional level. If treated as a civil rights issue,
same-sex marriage will be restored. If
treated as a same-sex issue, it won’t. And
that is a fact.
Gary Cornwall
Law Offices of Gary Cornwall
Law Office of Anthony Guy Ashe
12
March 2009
Same-sex marriage will
become legally recognized,
and will be accepted, to
probably the same degree
as interracial marriage is
now…eventually. Sooner
rather than later, I would hope!
Bill Ulrich
Solo, Antioch
I watched Barak Obama inaugurated as
President, something I could not have
imagined in the 1960s, when I was just
another student activist at Cal agitating
that all adults should have the right to
vote. I believe that at some time in the
future, my country will recognize the civil
rights of gay people. At some time after
that, they will watch with pride when a
gay president is inaugurated, and pundits
comment how wonderful it is that we
have progressed so far in so little time.
Jerome Fishkin
Fishkin & Slatter, LLP
In my lifetime, yes in some quarters,
no in others — and a declining
population overall.
Wayne V.R. Smith
Solo, Martinez
Attorney Counseling Evenings
The CCCBA offers ACE Nights in various
subject matters, such as family, landlord/
tenant and immigration law. The programs
are only two hours in length. They have been
an invaluable service to the community — and
the feedback received has been fantastic!
If you are interested in volunteering for an
upcoming ACE event, please contact
CCCBA’s Michele Vasta at 925.370-2548
or mvasta@cccba.org.
Contra Costa Lawyer
We live in a country that supposedly
promotes “equal rights for all,” and we
just elected a President that promises the
reality of such. Marriage equality will not
go away. The issue will be resolved, state
by state, with the Supreme Court of
California ultimately ruling that Proposition 8 is unconstitutional, and will uphold
their previous ruling that gays and lesbians have a fundamental right to marry
the person of their choice and that gender
restrictions violate the state Constitution’s
equal protection guarantee.
Sally Elkington
Elkington Law Office
I think the same sex-marriage
issue will be resolved by time.
It you talk to most young
people, it just isn’t a big deal
to them. In states like Massachusetts and Connecticut,
they are finding that having married gay
couples does not destroy the institution
or create other threatened doomsday
scenarios. More and more people will see
it more as a civil rights issue, rather than
a religious or social issue. In time it will
not be an issue at all.
Brandt Andersson
Law Offices of Andersson & Andersson PC
It is my hope that we will
eventually see a nationwide
Uniform Family Law Act that
will necessarily be gender
neutral. Reproductive science
and the current adoption laws
and practices seem to require it. Separation
of church and state must be acknowledged,
so a distinction between marriage and civil
marriage will need to be drawn. Hopefully,
some attention will be paid to the notion
that pre-marital education on the legal
and psychological commitment marriage
represents will cause a reduction in the
divorce rates and the social chaos that
generally ensues.
John E. Manoogian
Law Offices of John E. Manoogian
Like heterosexual marriages...
in divorce.
Merritt Weisinger
Walnut Creek Family Law Center
Look for next month’s answers
to the Question Man’s, “Where
does your discretionary spending
go these days?”
no
te n
Addr ew
Arlene Segal
ess!
Law Offices of Arlene Segal
Litigation - Mediation
Trust and Estate Disputes • Financial Abuse
100 Pringle Avenue, Suite 780 • Walnut Creek, CA 94596
telephone (925) 937-4224 • fax (925) 937-4273
13
Bus
The Taxi
and the by Judge Barry Goode
and Judge Pro Tem Lee C. Pearce
Article 6, Section 21 of the California Constitution allows litigants to
select a private judge. Once the Presiding
Judge approves the appointment, the
private judge has all of the power and is
subject to all of the rules as an appointed
judge for that case only.
At December’s Holiday Party, we had
a conversation regarding differences in
the way we as judges (one public, one
private) deliver access and resolution in
family law cases. Much as a bus and a taxi
can take you to the same place, the goal
is to get you to your destination, whether
you use the public courts (the bus) or opt
for private judging (the taxi). Each has its
advantages and disadvantages. Here are
some things you might consider as you
weigh your options.
Selection
The bus: You get the bus that is assigned
to service your route. When a petition is
filed, a bench officer is assigned based on
the file number given to the case. Either
LAW OFFICES OF
DOUGLAS A. PRUTTON
side may file a CCP 170.6 challenge. But
then the case is simply reassigned by the
supervising judge — again, with no say
from the parties. If a family has two cases
(e.g. a domestic violence and a dissolution
action), the cases are likely to be consolidated at some point, with the more comprehensive case becoming the master case,
and the judge assigned to the master case
becoming the all-purpose judge.
The taxi: Of course, since agreement is
required to appoint a private judge, you
get to pick your private judge (i.e. your taxi
driver). That means you can tailor the selection to the expertise of the judge and the
needs of a case rather than having to rely
on a one-time challenge to try to get to the
best judge for your case. But unless there
is agreement, you must ride the bus.
Cost
The bus: This fare is the lowest in town.
Of course there are filing fees. But if a
litigant is penurious, s/he can seek a fee
waiver. The hidden cost is the time it takes
to have a matter decided — and therefore
the attorney fees that accrue while the
case is pending. If a case is crisply litigated,
that cost can be minimized. If there are
complex, time-consuming issues, it may
be difficult to get enough continuous
calendar time in the public courthouse to
minimize those fees.
The taxi: Of course, your client pays for
a private judge’s time. In that way, the
taxi fare is higher than the bus fare. It
may not make much economic sense if
the marital estate is modest, unless there
are other considerations, such as the need
for immediate hearings. However, the taxi
may not be more expensive than the bus
if you factor in the efficiency, which can
save significant amounts of attorney time
and, hence, expense. And in a complex
case, private judging is, in the end, usually
less expensive than proceeding in the
public courts. Pro tem judge Pearce has
found that in a complex case, private
judging may prove to be less expensive
than proceeding in the public courts.
Representing employees only in all types of
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1866 Clayton Road n Suite 211 n Concord
(925) 677-5080
pruttonlaw@earthlink.net
14
March 2009
Immediacy of contact with the court
The bus: The bus has to travel a route;
emergency stops are unusual. But here
the metaphor breaks down. In a pinch,
you can request an order shortening time
and ex parte relief. Still, there is no guarantee that you can have your case heard
ahead of all the others who are waiting.
Bench officers generally try to shorten
time only when there appears to be a
genuine need for prompt adjudication.
Your client’s sense of urgency may not
rise to the level of “real need” in the bench
officer’s mind.
The taxi: In private judging, you can pick
up the phone and get your taxi immediately
for emergency conference calls or hearings.
You are less likely to require an Order
Shortening Time because you can get a
hearing on the merits quickly.
Short causes
The bus: With the bus, you stand on line.
First you stand on line to get a date for
your court hearing. Then on the day of
the hearing, you wait to have your case
called. At present, the first wait is not
much more than the time required by law
to notice a hearing. (Most departments are
setting short cause hearings five or six weeks
out.) And in most courtrooms you can
move up on the calendar the day of your
appearance if both sides arrive promptly
and check in with the bailiff. However, if
your “20 minute” matter is likely to take
more than that, there is a good chance
you will slip to the end of the calendar.
The taxi: With the taxi, you aren’t waiting
for your stop. You go directly to the destination. In private judging, “short cause”
is a relative term. If you only need 20
minutes, you only pay for the actual hearing time plus time to read the pleadings
and render a decision, not the whole
morning or afternoon. If you need more
time, you can get that with no specific
time limitation and no restriction on live
testimony. The date is set as soon as
possible considering both sides’ calendars.
You are not waiting weeks or months for
your hearing.
Long causes and trials
The bus: Each department hears long cause
matters every other week. But there are
some significant limitations. The shorter
the trial or hearing, the sooner you are
likely to be heard. If you need more than
a day (or two), you are likely to be given
a date weeks or months in the future. If
you need more than a few days, you may
be referred out to a civil department. Do
not make the mistake of underestimating
the length of the hearing so you can get
an earlier date, for you pay the price on
the back end. If your trial runs over your
estimate, you may have to get on line
again to get additional trial days. Having
trial over several days, weeks apart, is
inefficient and expensive.
The taxi: In private judging, the issues
regarding long causes are much the same
as short causes. The taxi takes you directly
to your hearing, which is heard in a single
block of time, only stopping for a settlement conference if needed. Most cases don’t
need lengthy trials. If your case is one of
the few that need more than one trial day,
no matter how long the journey, you get
one taxi and one trip. There are not mul-
tiple transfers from bus to bus or waits for
another bus to arrive (i.e. a trial over a series
of dates, sometimes months apart). This
has a significant impact on the cost of trial
and time required to prepare.
Case management and
access to the court
The bus: The bus driver/bench officer is
usually quite willing to talk to you about
how the ride is going to be managed. If
there are issues that are likely to be
dispositive or deadlines that might help,
the judge is likely to be interested. The
problem is that you have to stand on line
to get to have that conversation. But
then again, not everyone seems eager to
be the first on line. Some clients (or
lawyers) are quite willing to wait for their
turn to ride.
The taxi: With the taxi, you get to talk
to the driver, find out about alternative
destinations and have multiple pick-up
and drop-off dates, as dictated by the
needs of the case. In cases that need a
great deal of case management (otherwise
known as judicial hand holding), a private
judge has more time to manage a difficult
case, whether the source of the difficulty
is the legal issue, factual complexity, difficult or unrealistic clients or (gasp!) an
uncooperative counsel.
Continuity
The bus: If your case is assigned to a commissioner, you are likely to have that bench
officer for the duration of your case. If
your case is assigned to a judge, you are
subject to the fact that most family law
assignments are two or three years. u
Appeals
Criminal & Civil
Law Office of Ian R. Greensides
2121 North California Blvd., Suite 290
Walnut Creek, California 94596
(925) 313-8703
www.greensideslaw.com
Contra Costa Lawyer
925.790-2600 • info@amllp.com • www.amllp.com
15
WE’RE HONORED TO WELCOME
Hon.
Bonnie Sabraw
Hon.
Douglas Swager
(Ret.)
(Ret.)
Retired from the Court of Appeal,
First Appellate District, Division One
Retired from the
Alameda County Superior Court
Areas of Specialization
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tel 415.772.0900
fax 415.772.0960
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Summary
• Subscription Offerings
Our courts serve thousands of people a
year; from the poorest to the richest
families in our county. For the vast majority of cases, the public court system
provides access to justice at reasonable
cost and with reasonable dispatch. But
the system is not perfect. In some cases,
it may be preferable to seek justice from
a private judge. In those cases, it may be
worth the price (and indeed, may save
money) to take the taxi rather than ride
the bus. u
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The taxi: Private judge assignments can
be crafted so that modifications and other
motions return to the private judge. This
ensures that there is consistency in rulings,
and you don’t have to educate the judge
on what happened before. Of course, if
don’t like the rulings, you don’t have the
luxury of waiting until your assigned judge
rotates out.
Same Rules
Both the bus and the taxi are bound by
the same evidence code, statutory and
case law, appellate rights and rules of
court, although it is easier to opt out of
specific rules and procedures with the
taxi.
Private judges are bound by the same
rules as public ones. They must disclose
conflicts, comply with the canons of judicial ethics, and follow the law.
“Private” doesn’t mean “secret.” Case
files are kept at the courthouse, even if a
case is assigned to a private judge for
adjudication. They are open to the public and can only be sealed under the same
circumstances that a public judge could
seal all or a portion of a file. Hearings
that would be open to the public at the
courthouse must be open if tried before
a private judge. While there are rarely
requests from the public to attend private
judge proceedings, cases involving
public figures, or other issues of general
interest must be held open if there is a
request to attend. And, of course, if a
record is preserved, private judge rulings
are fully appealable.
Personal
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MEC 2719 Contra Costa Lawyer Mag 4.6875x4.5625_v4.indd 1
7/31/08 7:01:04 PM
March 2009
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17
The Vacation Maven
Everyone’s talking about tough economic times and planning “staycations” rather than
vacations… but don’t despair. There are lots of options somewhere between staying
at home and spending a month in Paris. Besides, what we do as family lawyers is so
stressful that we owe it to ourselves, our families, and yes, our clients, to periodically
rest, relax, and regroup. So here are some budget-conscious alternatives:
The Anderson Valley and Mendocino Coast
Wander up to Mendocino via the Anderson Valley. Not only can you get good
midweek and off season deals this time of
year, but the trip itself is half the fun. Stop
in Booneville for lunch at the Booneville
Inn. Sample wine at the various vineyards
along the way, treat yourself to champagne
at Roderer Estates [www.roedererestate.
com]. (Hint: the same vintage tastes much
better in magnums. Instead of buying
two standard bottles, buy a magnum
— they’ll give you a champagne stopper
— and enjoy the difference in depth of
flavor). If so inclined, take the dog — you’ll
save on kennel or pet sitting fees and have
your companion for the trip. Stanford Inn
in Mendocino [www.stanfordinn.com] is
high on the scale of dog-friendly accommodations and extremely comfortable.
Food is vegan (though they will make you
eggs and traditional breakfast on request)
and delicious. Try the house specials —
they’re wonderful! You can even take Fido
to meals with you if you eat in the lounge
just outside the restaurant. And if you
can’t stomach a vegan dinner, there’s
something wrong with you if you can’t
find a great restaurant in Mendocino. Take
Fido to splash in the surf at a nearby beach.
Stroll through the art galleries by day or
relax in the full size indoor pool surrounded
by lush tropical plants, or take the chill
off in the indoor spa, listening to the rain
pounding on the roof — heavenly.
18
Monterey Dunes
Rent a house at Monterey Dunes. You can’t
take the dog, but the setting is spectacular.
The mile-long stretch of beach is great for
walking or flying kites. The units are laid
out so that they are one house deep, so
everyone has an ocean front view. It’s a
short drive into Monterey for the wharf,
or Carmel for the art galleries and ambience. Pick up some freshly caught fish and
grill it back at the Dunes. Watch the sun
go down from your deck. Build a driftwood
bonfire on the beach at night. Curl up in
front of a roaring fire and listen to the surf
pound. One of the best trips I ever had to
Monterey Dunes was a stormy, blustery
week in January. Stock up on provisions
and all those books you intend to read
someday, and relax in front of the fire while
listening to the sea crash beyond the Dune
[www.montereydunes.com/index.htm].
Ski Season Bargains
Most of the ski resorts are hurting, so you
can pick up good bargains in rentals, lift
tickets and extras. Check out liftopia.com,
getskitickets.com, discountlifttickets.com
or skicoupons.com for bargains.
Napa Valley
People come from all over the world to
see the Napa Valley for crying out loud.
Find a B&B set in a vineyard. The Napa
Valley Lodge has rooms with fireplaces
overlooking the vineyard. Trail around
Yountville and St. Helena. Downtown
Napa has been recently refurbished and
is crawling with good restaurants.
Take a Nature Expedition
If you’re flush, green and adventurous,
take a Lindblad Expedition to the Galapagos. Lindblad was the pioneer of ecotravel and specializes in small ships with
lots of naturalists, photographers and other
experts on board. It recently partnered
with National Geographic, so there are
both Lindblad and National Geographic
experts on board. Your fellow passengers
will be a small (60–100) self-selecting
group of educated, interesting people, who
share your interest in wildlife, conservation,
and good conversation. As you read this,
I’ll be on the Lindblad/National Geographic Sea Lion in Baja California communing with grey whales, humpback
whales, and lush wildlife, getting up close
and personal to them in a zodiac, or even
a kayak. Go to www.expeditions.com.
So get going! It’s a big world out there.
We happen to live in one of the most
attractive parts of it, and it’s just waiting
to be explored in more depth. u
— M. Sue Talia is an AV rated Family Law
Specialist, certified by the Board of Specialization of the State Bar of California. She has
practiced in Contra Costa County since 1977,
focusing on complex family law litigation.
March 2009
REEFING THE SAILS
Practicing Law Profitably in Stormy Financial Times
As the financial crisis hits Main Street, more and more lawyers are finding themselves struggling to get and
retain clients, collect fees, and keep their own financial houses in order. Hard times can’t hit our clients without
affecting us. Big firms are failing, small firms are struggling, and everyone is worrying about what will be the next
shoe to drop. Don’t wait. It is important to be proactive in streamlining and adapting our practices to changing times.
On April 24, 2009, the Family Law Section will present an expanded program aimed at solo and
small firm practitioners on the challenges presented by these financial times. Among the topics to be covered are:
Coping with the 21st Century law practice reality • Focus on new and different legal issues
Client recruitment and retention • Billing and collection strategies
How NOT to do it: Wasteful office practices; The Client from Hell; Longer hours/poorer results
Maximizing efficiency of office, equipment and staff • Controlling costs advanced
Taming the Dreaded A/R Report • Marketing
Each attendee will be asked to bring a client/account receivable list (there will be no show and tell —
this is just for your personal reference purposes)
The final segment will be an opportunity for a round table discussion and Q & A,
so people can share their own cost-saving tips with colleagues.
When April 24, 2009
Time 1:30 – 4:15 p.m.
Where Location to be determined
Presenter M. Sue Talia
MCLE Credit 2.5 hours
Mediation Solutions
Specializing in
Tax, Probate, Wills, Trust & Business
LL.M Taxation • Over 25 years legal experience
“AV” rated attorney with mediation training
Experienced mediator since 1992
Nancy A. Gibbons
925.280-1990
naglawfirm@aol.com
Contra Costa Lawyer
—
Wanted —
Conservatorships
think
Matt Toth
as in
Pedder, Hesseltine,
Walker & Toth, LLP
oldest partnership in Contra Costa County
(52 years)
p 925.283-6816 • f 925.283-3683
3445 Golden Gate Way, P.O. Box 479
Lafayette, CA 94549-0479
AV Martindale-Hubbell
19
ethics corner
by Carol M. Langford
It is no surprise to lawyers practicing in
California to hear that we are in a severe
recession that will likely plague our state
at least through this year. The good news
is that if you are a medium, small or solo
law firm, you have the best chance of
surviving this financial downturn. That
is because unlike a large ship of a firm
that takes months to turn around, a
smaller firm can more easily set a new and
more efficient course.
One way to really cut costs but still
turn out a superior work product is to
make use of contract attorneys. If you
have hesitated to do this in the past fearing that a contract lawyer might not do
as good a job as an associate, or that it
might make your firm look less like a law
firm and more like a law mill, now is the
time to rethink that issue. First, there are
hundreds of graduates from excellent law
schools looking for work. Second, they
are willing to work cheaply (I recently
met a Vanderbilt law graduate accepting
a contract job for $25 an hour). Third, it
will not make your firm look bad; when
a client steps into your doors, s/he will
Please send your ethics questions to:
Carol Langford
100 Pringle Avenue, Suite 570
Walnut Creek CA 94596
langford@usfca.edu
voicemail: 925-938-3870
20
have no idea that the lawyer sitting in the
conference room reviewing documents is
not a full-time employee. Last, but certainly
not least, it can save the client money to
have a contract lawyer work on the project,
thus allowing you to offer a better price
for the job.
There are several ethics issues that arise
from hiring contract lawyers to work for
you. Rule of Professional Conduct 2-200
regarding division of fees with lawyers is
applicable when an outside lawyer who
is not an employee is paid a portion of the
fee paid by the client to the attorney for
services. However, in Ethics Opinion
1994-138, the State Bar of California
Standing Committee on Professional
Responsibility and Conduct found that
the provisions of Rule 2-200 are not
applicable where 1) the amount paid to
the outside lawyer by the attorney is
compensation for work performed and
must be paid whether or not the attorney
is paid by the client; 2) the amount paid
by the attorney to the outside lawyer is
neither negotiated nor based on fees that
have been paid to the attorney by the
client; and 3) the outside lawyer does not
receive a percentage fee.
The key here is that the lawyer must
pay the contract attorney whether or not
s/he is paid, thus untying the money paid
to the contract attorney to the fee paid
by the client to the lawyer. Rule 2-200
also does not apply whether the contract
attorney is paid on a flat-fee basis or
whether s/he is paid, for example, $50 an
hour but is billed out at $100 an hour.
The same would also be true where the
contract attorney is paid $100 an hour
and billed out at $100 an hour to the
client, more like a cost.
Even better, there is no obligation to
reveal to the client that you are only paying the contract lawyer $50 an hour, even
though you are billing them out at $100.
That is because the internal compensation
arrangements of a firm are not considered
the business of the client. However, the
client must know (put it in the fee agreement) that there may be contract lawyers
working on their project. Clients do not
care who works on their project as long
as they know that you, the lawyer they
hired, will make important court appearances and supervise the contract lawyer,
and that you will have competent people
working on the project. It saves the client
money. One more thing. You should not
charge a client $650 an hour for a contract
lawyer just out of school. Fees overall must
be reasonable.
Try Craigslist to find job seekers, call a
local law school, ask a friend. As an adjunct
professor at U.C. Hastings, I can tell you
that everyone is looking for a job. Good
luck, and happy St. Patrick’s day! u
— Carol M. Langford is a lawyer in Walnut
Creek specializing in providing advice and
representation in ethics and State Bar matters.
She is an adjunct professor of law at U.C.
Hastings School of Law and a former Chair
of the California State Bar ethics committee.
March 2009
Do it for
the Kids!
The Contra Costa
County Bar Association
is looking for energetic
and enthusiastic
volunteers for the
Education
Outreach
Program
To strengthen our pledge
of providing valuable lawrelated education to local
high school and middle
school students, attorneys
are needed to volunteer
with EOP throughout the
county. The time commitment is minimal, but the
rewards for participation
are significant for both
you and our youth!
Young&Design
Production
D E S I G N
W R I T I N G
Specializing in
law firm brochures
and newsletters
E D I T I N G
Nancy Young
Owner
Young Design & Production
is the designer for the Contra
Costa County Bar Association
P.O. Box 1867  Benicia, CA 94510
925.229.2929 or 707.747-5775
email: young-design@prodigy.net
Contra Costa Lawyer
To learn more about
this exciting program,
please contact:
Michele Vasta
925.370-2548
www.cccba.org
21
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offices
for rent...
contract
attorneys...
job
opportunities
...
classifieds
Lafayette Office Space
961 Ygnacio Valley Road, Walnut Creek
200 s.f. office, $850/month. Two conf
rooms, use (at cost) of phone, fax, photocopier, scanner. On-site gym and showers.
Free parking. Call 925.284-7788.
Share building with 7 solos. One office
available. All amenities. 925.938-2460.
Prime Space in Walnut Creek
Space available in separated portion of
law office in prime Class A building in
downtown Walnut Creek. Range of office
sizes, some with amazing view of Mt.
Diablo. Rents ranging from $800 to
$1,750 per month. Secretarial stations
available for additional rent. Reception,
law library, conference rooms, parking
included. Call 925.979-3330.
Walnut Creek Window Office
Lease a fully furnished window office
w/sec station and tons of amenities. On-site
conf rooms, receptionist service, law library,
telephone system, voice mail, notary (onsite), copy machines, postage machines,
and mail-handling. Professional Class A
bldg. w/plenty of parking, great location,
and easy access to freeway and BART. Call
Kristie, 925.947-0100, x224.
Walnut Creek Office Space
Treat Blvd near BART. Conf room, fax,
copier, good freeway access. Parking.
$495/month. Call 925.939-2544.
WC Law Offices at Locust/Bonanza
Large window office $1295; small furn.
office $695. Conf rooms, kitchen, more.
Call Randall at 925.935-5566.
Lafayette Transit Village Office Space
Office in business law firm next to BART
in Lafayette (27 min. to Montgomery Street
BART station). Receptionist, conf. room,
parking, ground floor, only one block from
post office and Lafayette’s restaurant row.
Call Jim or Michelle at 925.284-4447.
Conference rooms for rent
Two conference rooms conveniently
located near the courthouse in downtown
Martinez (CCCBA office). Reasonable rates.
Full catering service avail. 925.370-2549.
professional announcements
Probate paralegal to attorneys
Joanne C. McCarthy. 2204 Concord Blvd.
Concord, CA 94520. Call 925.689-9244.
To place a display or classified advertisement,
please contact Nancy Young at 925.229-2929
or young-design@prodigy.net.
Youngman, Ericsson & Low, LLP
1981 North Broadway • Suite 300
Walnut Creek, CA 94596
Tax Lawyers.
(925) 930-6000
22
March 2009
Will & Trust Litigation
Elder Abuse Litigation
•
Conservatorships
BARR & BARR
ATTORNEYS
101 Gregory Lane, Suite 42 • Pleasant Hill, CA 94523-4915 • (925) 689-9944
Edward E. Barr
Loren L. Barr*
Joseph M. Morrill
Christopher M. Moore
John Milgate, Of Counsel
Tracey McDonald, Paralegal
*Certified Specialist, Estate Planning, Trust and Probate Law, The State Bar of California Board of Legal Specialization
Contra Costa Lawyer
23