• B U L L E T I N • - San Bernardino County Bar Association

•BULLETIN•
of the San Bernardino County Bar Association
Vol. 42, No. 9-10
Our 139th Year
From the
President’s
Desk
By John R. Zitny
The Busy Month of June...
Annual Meeting
T
he Annual Meeting of the San
Bernardino County Bar Association was
held on Thursday, June 26th at The Hotel
(formerly the Hilton on Hospitality). Every
year during the Annual Meeting the general
membership is given the opportunity to
vote for or against the proposed incoming
officers. Each year, an MCLE program is
also provided. This year’s presentation dealt
with the topic “Civility.”
Next year’s president will be Jack B.
Osborn. He is the current president-elect, and
was elected to the post last year. Therefor his
becoming next year’s president is automatic
and not subject to this year’s election.
The following persons were unanimously
elected as your officers for the San
Bernardino County Bar Association:
Victor J. Herrera
Bradley R. White
Hon. Diane I. Anderson
President Elect
Vice President
Sec.-Treasurer
The Directors at Large will be:
Joseph Fitzgerald
Kerrie Justice
Barbara A. Keough
Eugene Kim
Justin King
Michael Reiter
John W. Short
Sandy L. Turner
Of course, I will serve as immediate past
president.
The MCLE program was presented by
three members of the American Board of
Trial Advocates (ABOTA). The presenters
were the Hon. Bryan Foster of the Superior
Court of San Bernardino County, Richard
L. Scott from Diederich and Associates and
Greg Rizio from Rizio and Nelson.
(Continued on page 2, column 1)
July-August 2014
The Most Outstanding Trial Lawyer
In the History of San Bernardino County
by Philip Kassel
J
ohn Lewis King was a lifetime resident of San
Bernardino County. He was born in Upland on
October 18, 1909. On October 19, 1967, he suffered a
cerebral hemorrhage while giving a final argument; he died
the following morning. John King was known and referred
to as the trial lawyer of the century. Many people have
argued that John was the most outstanding trial lawyer ever
produced in San Bernardino County, and during his time,
the best in the State of California.
John graduated from Chaffey High School, where he
was student body president and chosen as the school’s
representative to the national oratorical competition. In
1930 and 1931, while attending the University of Redlands, John was a finalist in
Phi Kappa Delta National Collegiate Oratory Competition and took First Place in the
western regional competition. John was recognized as one of the most outstanding
college debaters and orators in the United States during his stay at the University of
Redlands. The University still maintains silver bowls and trophies evidencing John
Lewis King winning national debate and oratory tournaments.
After graduating in 1931 from the University of Redlands, he entered Stanford
Law School. In that his wife to be was teaching in Brawley, he transferred to and
graduated from the University of Southern California School of Law. Upon passing
the bar, John went to work for the San Bernardino County District Attorney’s Office,
where he stayed for five years. John left the district attorney’s office to join one of
San Bernardino’s premier law firms, Duckworth, Harrison & Mussell. After Ben
Harrison was appointed to the federal court, the firm became known as Duckworth,
Mussell & King.
John served in the army from September 1942 to July 1945. After initially being
assigned to Washington D.C. as an assistant in charge of criminal litigation for the
Office of Price Administration he went to Officer Candidate and Training School,
where he was the commencement speaker for the graduating class. Thereafter
he attended the Army Air Force (combat) Intelligence School. While stationed
in Austin, Texas with the intelligence division of the Air Corp. he gave speeches
in and around Austin to groups and to squadrons of the 89th Troop Carrier Group
dealing with the rise to power of the Nazi party and the growth of Germany’s army.
The speech was entitled “Background of War.” John was discharged at the end of
the war with the rank of major.
John returned to his law practice, and Stanley Mussell, Jr. joined him to form the
firm of King & Mussell. Later, C.L. Vineyard, Bruce Maclachlan, and Florentino
Garza became members of the firm.
John King was one of the earliest inductees into the American College of Trial
Lawyers. In 1953, at the age of 43, John became the first attorney from San
Bernardino County inducted into this prestigious organization. He was also a
member of the International
Association of Defense Counsel. John was “described by lawyers as one of
the top defense counsel in the United States.”John Lewis King tried all types of
civil cases. When John represented a plaintiff, the insurance carriers would try
desperately to settle their case; they did not want to go against John King. In later
years, the majority of his work was defending personal injury cases. He represented
nearly every major insurance carrier.
(Continued on page 2, column 2)
San Bernardino County Bar Association
2
...President’s Desk
from page 1
The title of the presentation was “Civility Matters,” which
was produced by ABOTA. The purpose of the training was to
“elevate the standards of integrity, honor and courtesy in the
legal profession.” The program included a panel discussion
on specific civility problems, a discussion of the Code of
Professionalism, plus video clips of oftentimes humorous
scenes from actual depositions. All in attendance received
handout materials plus a DVD of actual incidents of uncivil
behavior with the appropriate analysis.
Everyone also received one hour of MCLE in ethics…and
lunch.
Bridging the Gap Program
The San Bernardino County Bar Association, in conjunction
with the Riverside Bar Association and the Public Defender
of San Bernardino County presented the Bridging the Gap
program for new admittees to the Bar. The program was held
on Friday, June 27th at the Public Defender Training room in
San Bernardino.
The Bridging the Gap program provides fundamental, yet
essential, information to those who are leaving law school and
preparing to start their practice.
The program included:
Mr. Ackerman and Mr. Samson from Inland Empire
Latino Lawyers Association, who encouraged the attendees
to volunteer, plus they explained the legal services their
organization offers to their clients. Kay Otani spoke on the
advantages to joining the Federal Bar Association. Kevin
Bevins explained the benefits to becoming a member of the
Joseph B. Campbell Inn of Court. Deborah Davis discussed
volunteering at Legal Aid of San Bernardino County and the
services that are offered to clients.
During the morning session, the Hon. Chris Warner spoke
on courtesy and proper conduct in the courtroom. Barbara
Keough and John Short spoke on How to Take a Deposition.
Rebekah Ryan Main gave a fine lecture on how to start your
own practice, and George Carter talked about the services
offered by the San Bernardino County Law Library.
The afternoon session included Commissioner Diane
Anderson speaking on family support followed by Joyce
Holcomb discussing Family Law. Probate Law was
introduced to those in attendance by Mark Flory. John Zitny
discussed the fundamentals of Criminal Law and the benefits
to joining the San Bernardino Bar Association.
There were lively discussions about the topics when the
program came to an end, and all in attendance agreed that the
presentation were very helpful and informative.
As always, Claire Furness and her staff did an excellent job
in organizing both the Annual Meeting and the Bridging the
Gap program.
Be sure to see page 7 for our Meet & Greet on July 11!
Next month…back to the history of law in San Bernardino
County.
See you then,
John Zitny
July-August 2014
The Most Outstanding Trial Lawyer... from page 1
John also defended occasional criminal cases. This author,
as a young deputy district attorney, had the experience of trying
several criminal cases with John King. I can still think of some
of the valuable lessons I learned from this master trial attorney.
In one case, I had two highway patrol officers who had testified
during the presentation of the case. The officers asked if they
could remain in the courtroom to hear the final arguments.
I consented to them remaining. When John argued, he stressed
the point that the officers had a personal interest in winning the
case. He reminded the jury that the officers were being paid to
patrol the highway and help people, and here they were sitting
in court and not performing the duties for which they were paid.
By the time John had finished chastising the officers, they were
ready to climb under their seats. It was a brilliant tactic.
When John King was scheduled to give a final argument
in court, the courtroom would often be filled with attorneys
and other spectators. John was a spellbinding speaker. His
arguments had the effect of winning over and convincing jurors,
which is what good lawyering is all about.
John King had a great sense of humor. He was a delightful
person to talk to. In the years before becoming an attorney,
I worked in my father’s clothing store on 3rd Street in San
Bernardino. I often saw John walking by the store on his way
to the courthouse. He would frequently be talking to himself
and coming back with answers. I later found out that John was
practicing the delivery of his final argument by walking and
talking to himself.
When John King was stricken suddenly in the courtroom
while arguing his case, he asked the judge to excuse the jury
and call an ambulance. He knew enough about medicine to
know his condition was serious. As he was being moved from
the ambulance to the hospital, he indicated to his wife the
seriousness of his condition.
John King had two children—a daughter, Jennifer, who was
a court reporter and a son, Jeffrey, who is a sitting justice on the
Court of Appeals, Fourth District.
John will always be described as the best trial lawyer in the
history of our entire court system. The lessons that we learned
from him and the achievements that he made in the law are an
important part of the legal history of the Inland Empire. We
are all truly blessed for having had this great man and attorney
practicing law in our county.
About the Author
Philip Kassel joined the SBCBA on June 17, 1955, the same day he was
admitted to the California State Bar.
Born in Colton, he came to San Bernardino at the age of five. He
graduated from San Bernardino High School in 1944, joined the
Marine Corps and served two years in the South Pacific as a rifleman
during World War II.
After two years at Valley College, he earned his Bachelor’s Degree
from the University of Redlands in 1950. Three years later, he earned
his law degree from the USC School of Law, passed the bar, and joined
the San Bernardino District Attorney’s Office.
He went into private practice, joining attorneys Tom Parry and Bob
Holcomb. Several years later, he partnered with Florentino Garza at
Garza and Kassel. The two remained partners for 18 years. When his
sons earned law degrees, he partnered with them. Sanford Kassel and
Gregory Kassel currently practice in the same building, but maintain
separate practices. The elder Kassel is of counsel to Gregory’s firm.
Kassel received the SBCBA’s John B. Surr Award in 2007, and
ABOTA’S Civility Award in 2013.
July-August 2014
“The oldest continuously active bar association in California”
3
Reviving the John Lewis King Memorial Scholarship Fund
O
n June 14, 1968, the John Lewis King Memorial Scholarship Fund was established by Hollis G. Hartley, Russell
Goodwin, Waldo Willhof, Stanley Mussell, Jr., and Florentino Garza, to honor the memory of San Bernardino
attorney John Lewis King (who is profiled in an article in this issue). We are very grateful to Bruce Varner, who did most
of the incorporation legal work. This nonprofit organization is the instrument by which needy and worthy law students
from the Inland Empire receive scholarship grants on an annual basis. It has awarded 94 scholarships (listed below) from
its inception to 2007. Several students received two scholarships, over a two year period.
Each spring, a news release is sent to selected law schools in the State of California. The news letter provides very
simple rules for application. The Board of Directors usually selects the recipients from among the applicants by June of
that year. The amount of the scholarship grants have varied from time to time; from $1,500.00 to $4,000.00 per grant.
The John Lewis King Scholarship Fund has recently been reactivated with a new board of directors, and will be
awarding scholarships this year.
The new Board of Directors include longtime board members Thomas B. Ritchie, Hon. Craig S. Kamansky, Robert L.
Vines, Gary W. Smith, and Hon. Jeffrey King; and new board members including Justin King, William Shapiro, Michael
Scafiddi and John Zitny.
The San Bernardino County Bar Association has been most supportive of the work conducted by the John Lewis King
Scholarship Fund. The 2014 scholarship(s) will be awarded at the San Bernardino County Bar Association’s Installation
Dinner in October.
(The above is from an article by Florentino Garza, who served as chair of the scholarship fund from its beginning until 2008.)
R��������� �� ��� J��� L���� K��� S���������� A����
1968
1969
1970
1970
1971
1971
1972
1972
1973
1973
1974
1974
1975
1975
1976
1976
1977
1977
1977
1978
1978
1979
1979
1980
Elliott Lisnek
Carl S. Blick
William M. Wardlaw
Moses R. Luna
Lawrence Mortorff
Mary L. Elliott-Fuller
Mark A. Ostoich
Alfred R. Palazzo
Benjamin Y. Gonzales
James W. Sweeney
John R. Budnik
Kevin Culhane
Kevin Culhane
Patrick B. Nolan
Kim Cheatum
Patrick B. Nolan
William David Pettersen
Gary W. Smith
Kim Cheatum
Robert P. Fahrendorf
Jesse P. Martinez
Timothy Young
William B. Bennett
Michael Krahelski
1980
1980
1981
1981
1982
1982
1982
1982*
1983
1983
1983
1984
1984
1985
1985
1986
1986
1986
1987
1987
1987
1987*
1988
1988
Claralou LaBarge
Kevin W. McGurty
David L. Edwards
Lou Ann Merritt-McLean
Scott Thomas Tropio
Scott Steven Slater
Alan J. Amico
Lori E. Huff
Anthony R. Gordon
Olga Gonzales
Lori E. Huff
James R. Selth
Karen Glick
Gregory L. Zumbrunn
Catherine M. Brame
Russell R. Arens
Mark Kindall
Kathy Lynn Hibbs
Christopher Dodson
James N. Cover
Russell R. Arens
Kathy Lynn Hibbs
David A. Prentice
Kathleen N. Rager
1989
1989
1989
1990
1990
1990
1991
1991
1992
1992
1993
1993
1993
1993
1994
1995
1995
1995
1995
1996
1996
1996
1997
1998
Thomas D. Skowronek
Edward E. Simons
Timothy P. Prince
Tim W. Brown
Myrle Petty
Julie Rozanne Krohne
Holly A. Stuck
Denise Rupard
Stephen Robert Holden
Rachelle Anne Younger
James P. Morris
Omar Sandoval
Darin Everett Brawley
Sharon L. Figel (Carey-Stronck)
David Jay Hesseltine
Christopher M. Alexander
James C. Rutten
Charles J. Wilson
Neil B. Shouse
Neil B. Shouse
Paula Ann Clarkson
Christopher M. Alexander
Paula Ann Clarkson
Shauna Albright
1998
1999
1999
2000
2000
2000
2000
2001
2001
2002
2002
2004
2004
2004
2005
2006
2006
2006
2006
2007
2007
Elizabeth Bawden
Shauna Albright
Elizabeth Bawden
Tara Kowalski
Kirsten C. Showler
Jill Vines Beckett
Wendy Rochelle Ward (Kottmeier)
Carmen D. Graham
Yvette Martinez
Bethany A. Aseltine
Leah Larkin Dixon
David Colella
Meliah Thomas
Maria Isabel Cesanto
Jonathon Lewis King
Jamie Helen Whitelock
Lisa Sofio
Nicholas Firetag
Tracy M. Gavrilov
Stephen Siringoringo
Justin King
San Bernardino County Bar Association
4
Satterwhite v. Elliott, et al.
“A Betrayal of Trust”
By Sarah E. Powell, Esq.
Sarah and her daughter, Abigail, at the unveiling of
her “door of honor.”
I
was recently honored by the Legal Aid Society of San
Bernardino in regards to the legal work, approximately two
thousand (2,000) hours, that was devoted to a case entitled,
Satterwhite v. Elliott, et al., San Bernardino Superior Court No.
CIVSS703801. Even though this matter involved a Pastor of
a local San Bernardino Church, Mt. Zion Missionary Baptist
Church of San Bernardino, most people in the community have
never heard of the case, the Church or the Pastor, Terrance
Owen Elliott. As such, I have been asked to provide a synopsis
of the matter.
The case was a pro bono matter that was handled by my firm,
the Law Offices of Michael A. Scafiddi, Inc., and as the lead
civil litigator in the firm, the case was assigned to me for
handling. Like most people who have suffered tragedy in their
life, Tina Satterwhite turned to the Church when she suffered
the loss of her job as a Correctional Officer and the threatened
foreclosure of her home. After Sunday services one day in
June of 2004, Ms. Satterwhite was introduced to Defendant,
Pastor Terrance Elliott, and immediately began to open up to
him. She continued to meet with him over the next couple of
months and further sought comfort from Pastor Elliott when
her only child was brutally murdered.
During the months that the two met, Terrance Elliott used his
position as a Pastor of the Church to convince Ms. Satterwhite
to sell her home to avoid foreclosure and turn over the proceeds
of the sale to him to place in trust. The discussions were held
at the Church in the common areas, his office and in front of
other Church personnel. Ultimately, at the end of September
of 2004, Ms. Satterwhite met Pastor Elliott at Wells Fargo
Bank and handed over an excess of $100,000 to him to keep
in trust.
Over the next few months, Pastor Elliott would turn over
monies to Ms. Satterwhite upon her request, although, there
was always the caution that for “tax reasons” he was limited to
$9,999.99 a month to pull from the trust. Checks bearing the
July-August 2014
words “Tina Satterwhite Trust” and “T.S. Trust” were given
to Ms. Satterwhite and some contained the signatures of not
only Pastor Elliott, but other Deacons of the Church, as well.
Unbeknownst to Ms. Satterwhite, the monies that were placed
in “trust” for safekeeping by Pastor Elliott were spent on fancy
clothes for the Pastor, jewelry, gambling at casinos throughout
the Inland Empire and Las Vegas, as well as, car maintenance at
the Bentley dealership and sunglass shops. Further, thousands
of dollars were transferred from the bank account that held Ms.
Satterwhite trust funds, to an unknown private bank account
and internet web sites.
Within months the money was gone and when Ms. Satterwhite
became more persistent in obtaining her money, Pastor Elliott
would tell her the Church was being audited and he could
not access the money. Other times, he would tell her that the
key to the Church safe was in the possession of a Deacon of
the Church who was absent the day the request was made.
Sometimes, he would leave by a side door, as she waited
outside his office. On occasion, Church security was called to
escort her from the premises.
When Church members began to ask about Ms. Satterwhite,
they were told by Pastor Elliott that she was “obsessed” with
him and wanted a romantic relationship. The Pastor began to
refer to Ms. Satterwhite in sermons, that would often include
content that “hurt people, hurt people”. Parishioners refused
to offer their greetings to Ms. Satterwhite during service. She
was denied plates at Church BBQs. Her grandchildren were
ostracized and denied Christmas gifts at the Church Christmas
party.
While Pastor Elliott was living well at her expense, Ms.
Satterwhite was evicted from the apartment she rented. She
was forced to live in her truck. Because she had no money and
no job, when temperatures exceeded 100 degrees, she went to
the library to enjoy the air conditioning. At night, she parked
her truck in parks and slept behind the wheel. She lived in
constant fear of her personal safety while out on the streets.
Sometimes, Pastor Elliott would give Ms. Satterwhite money
in cash, but mostly he came up with excuse after excuse for
reasons not to pay her. Finally, in October 2006, Pastor Elliott
gave her a final $200 in cash. In May of the following year,
after unsuccessfully reaching out to the police and talking
with other Pastors in the community, Ms. Satterwhite walked
into Legal Aid and met with Roberta Shouse. It was this
connection that brought the case to our office.
Pastor Elliott’s attorney, Greta S. Curtis, Esq., had a long
history of representing him. She helped him receive postconviction relief pursuant to Penal Code §1203.4 for a felony
plea to grand theft for stealing from a Church out of Los
Angeles County. She also represented him in a civil action,
where it was alleged that he was taking Church property (from
an entirely different church than that mentioned above) and
placing it into his name. From the get go, defense strategy was
to delay and obstruct.
It is quite likely that if you need an exemplar for any type
of pleading imaginable, we have one. We have moved and
opposed motions to quash, motions to strike, demurrers,
July-August 2014
www.sbcba.org
5
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motions to compel - written discovery responses,
depositions, etc., motions for summary judgment, at both
the State and Federal level and motions to dismiss - five (5)
total, at both the State and Federal level. By the time this
matter proceeded to trial, we had over twenty-five (25) law
and motion files and one (1) discovery file.
To avoid the verbal abuse, there was a standing office
policy not to take phone calls from opposing counsel.
The majority of the time this policy worked, however, we
still received correspondence questioning our ability to
practice law, calling us racist and making assertions that I
was not an attorney. These representations were passed on
through law and motion to the Court. My mother would
often joke with me as to whom would play me in the T.V.
movie, as I would describe the drama that unfolded over
the eight (8) years the case was litigated. Over the years,
we had thirteen (13) different judges at the State, Federal
and Appellate levels. Trial was set five (5) times before it
finally went. At one point, we were ordered to mediation by
the Federal Bankruptcy court and could not find a mediator
who would work with opposing counsel. At another point
and on the eve of the State court trial, we were enjoined
from proceeding by the Federal court. Ironic, as the major
complaint from the Bankruptcy court was the delay of the
State court trial.
Finally, in April of 2013, the case was heard by a traveling
Judge, the Honorable Judge Altenberger, from Illinois.
Because we went over our four (4) day estimate, the matter
was concluded in November of 2013. Judgment was
entered in favor of Plaintiff in June 2014.
On June 23, 2014, Pastor Elliott’s attorney, Greta S. Curtis,
Esq., was ordered inactive, ineligible to practice law, by
the State Bar of California, pending the final disposition of
her discipline case.
Ultimately, handling the case in a pro bono manner was
the best thing that ever happened. There was no worry
about whether there were enough funds in the trust account
– although my employer spent approximately $25,000 in
costs – you did what needed to be done, because it had to
get done to prosecute the case. Further, I believe the case
is a shining example of why we all become attorneys: to
stand up to an injustice that has been done and to try to
make right the things that went wrong.
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The San Bernardino County
Bar Association’s
LAWYER REFERRAL SERVICE
needs panel members!
We have a need for panel members
practicing in the following fields of law:
Landlord Tenant Law
Social Security
Workers’ Compensation
Please call Tina at
(909)884-0273 or send an email to
[email protected].
San Bernardino County Bar Association
6
July-August 2014
Almanac
By: Tony Sears
A
ll times Pacific Daylight Time (PDT), which is minus seven (7) hours
from UTC (Universal Time Coordinated).
The July Full Moon is called the “Full Buck Moon” and occurs on July 12,
2014, at 4:25 a.m. The newly Full Buck Moon will rise on the evening of
Saturday, July 12 at 8:15 p.m. What a nice treat for a mid summer Saturday
evening-and this month’s recipe.
August Full Moon: August 10, 2014 at 11:10 a.m.: Look for the full “Green
Corn Moon” on Sunday, August 10, at 7:37 p.m. Remember to torment your
kids by reminding them that school starts next week! Sweet corn is full
season. Try wrapping up the ears of corn in foil, with butter, chile powder,
and squeeze of fresh lime juice. Cook on grill with whatever else you are
grilling.
Unfortunately, the best meteor shower of the Summer, the Persieds, will
wasted by the Full Green Corn Moon. Not really even worth it your while to
look up in the northeastern sky on the evenings of August 11 and 12. Better
off making some green corn tamales.
WORLD CUP ALERT! If you haven’t already done so, check out the
World Cup. Those of you who already love the beautiful game know what
I’m talking about. If you still think soccer is a communist plot, get over it.
Soccer is played everywhere on the planet, with the possible exception of the
polar regions. The rules are not that difficult. The world class players aren’t
playing for cash or individual glory. They are playing for Queen and country
(except for England, which didn’t really play at all).
First, please put it out of your head that FIFA is completely corrupt and
makes Tammany Hall look like the church bake sale. I (and many others)
predict the completely corrupt (We’re talking brief cases with cash, wire
transfers to Swiss bank accounts, hookers, and blow kind of corrupt) award
of the 2022 World Cup to Qatar will be rescinded. Qatar simply couldn’t
figure out a way to bribe the Sun, or they would have tried that as well.
The high dollar sponsors, Hyundai, KIA, Coca-Cola, McDonald’s, Adidas,
Nike, et. al. will put extreme pressure on the new FIFA leadership to rescind
the ridiculous and insane (check out the average temperature in Qatar in
the summer) award to an Emirate that doesn’t even have a team. FIFA will
come to its senses and the 2022 World Cup awarded to the second place
finisher, the United States of America. We already have the infra-structure
and facilities already in place. The 1994 World Cup Final at the Rose Bowl
was one the best ever.
In Brazil, the play on the field has been fantastic. Only one snoozer out of
the first 25 games. Beat downs, mild upsets. and last second heroics. There
is new video technology which shows if a player is offsides, making it much
easier for the football novice to understand the offside rule, which is one of
the great nuances in all of sport-once you get your head around it.
The 2010 non-goal in the England/Germany match won’t happen again.
There are now seven (7) high speed cameras in each goal. If a goal is scored,
the Dick Tracy watch on the referee’s wrist alerts within a second. On both
TV and Radio (ESPN 710 or 1330 AM) there is knowledgeable analysis
and awesome color commentary (especially that Scottish guy “ya canna
unnerstan”).
As I write this, the USA was tied by Portugal and is tied for first in the Group
of Death (Group G). Win or tie against Germany and the USA will advance
the knock out round of 16, where anything can happen. So whether the USA
makes it to the round of 8, 4 or even the final match, take some time to watch
a match or two with your friends and family.
July/August Recipes
Here’s a summer menu that is perfect for a hot summer day. The good thing
is you can serve this in a pasta bowl or as a sit down dinner on the patio. You
can also substitute that freshly caught Albacore, Yellow Tail, or Yellow Fin
Tuna for King Salmon.
King Salmon ala Antoine
Alder/Cedar Plank Salmon. This is a traditional way to cook salmon. Try
and get the best quality salmon you can, preferably wild King Salmon. You’ll
need a piece about 2 lbs., with the skin on. Lightly rub the salmon all over
with olive oil and season with salt and pepper. You may also place thinly
sliced lemons and/or fresh dill on the salmon. You need a clean, untreated
Alder or Cedar plank, which I get from Barbeques Galore. You could also
get a Cedar or Alder plank from a lumber yard, make sure it is not treated!
Soak the plank for at least an hour in water. When the grill is ready, place
the salmon, skin side on the plank. Place the plank on the grill, and cover.
Cooking time is about 20-30 minutes and the cedar plank will definitely start
to get charred. Let it cool down for 10-15 minutes. You simply serve the
salmon straight off the plank, either onto a serving plate or the pasta bowl.
Fresh Basil Pesto. Many have asked for my classic Basil Pesto recipe. Here
it is: You need about 36-48 Basil leaves. Big leaves are better, a few stems
are okay. You need 4 oz. of Pine Nuts, lightly toasted in a skillet or oven.
Please do not burn your nuts. Immediately remove from pan and let them
cool a good fifteen minutes. You will need 2-5 gloves of garlic, peeled. Some
people whine about too much garlic, so you can find your own preference.
You will need 1 1/4 cups of shredded or grated Parmesan (cow’s milk) or
Romano (sheep’s milk) cheese. Please don’t tell John Mannerino, I said this,
but those triangles of cheese, “Stella” brand, from the market work fine for
this dish. You can also get the shredded cheese Claros’s in Upland. Save the
really good cheese for something else. So, you put these four ingredients,
with a splash of good olive oil, in the food processor. Process until fully
homologated. Stop, and scape the sides. Start processor again and slowly
add 6-8 oz. of good olive oil, perhaps even that really expensive extra virgin
olive oil, until the mixture comes together in smooth paste. You now have
a wonderful pesto. Try in on pasta with a chunk of grilled salmon. Try on
a slice of parma or romano cheese. It goes great on a cracker (Ritz or big
CheezIt) with a small dollop of goat cheese. Pesto needs to be kept covered
and kept in the fridge, so it doesn’t oxidize and lose that gorgeous green
color. Heat is the enemy of pesto. If you want to include it a hot dish, like
an omelette, pasta, pizza, or grilled fish, then add it last as you are plating.
Pesto will last about a week in a sealed container in your fridge (if it lasts
that long). If you have a bushel of Basil, you can also put it in ice cube trays,
freeze it into cubes, and put the cubes of pesto in a freezer bag for up to six
months. Store bought is okay, if necessary.
Farfalle (Bow Tie) Pasta. Quick pasta lesson. Use a large pan. Taller is
better. Fill the pan 2/3 full and get the water to a raging boil. When the water
is at a full boil, heavily salt the pasta water. I use about 1⁄2 cup. It should taste
like the ocean. Cook the pasta al dente. The vast majority of the salt will stay
in the water, so, (pardon the pun), don’t sweat it. The purpose of the salt is
to cause the boiling point of your pasta water to be raised several degrees,
which leads to properly cooked pasta that does not stick to itself. Drain the
pasta. Do not rinse. You can put the pasta back in the warm pan and add Two
(2) Tbsp. of butter, season with salt and pepper, stir and you are ready to go.
In this recipe, you can actually cook the pasta whilst the salmon is resting.
Fresh Green Beans. Totally worth the extra effort. Trim beans, cut in half
and cook until al dente. (Not too mushy!). I used a steamer insert, 20
minutes, start to finish. Place cooked beans in a covered dish with butter,
salt, and fresh cracked black pepper. The beans can go write in the pasta,
pesto, and salmon.
Fresh Berry Cobbler. Get some fresh Berries, Blackberries, Raspberries,
Boysenberries, and/or Loganberries. Frozen will do in a pinch. Layer the
berries on the bottom of a glass baking dish, and then cover with a white
cake mix, not too thick. Then cover the cake mix with thin slices of butter,
16-20 per cube. So, the top of the cobbler is covered in the cake mix and
sliced butter. Bake at 350 F., about 25-30 minutes, until crust is brown. Let
cool for 10 minutes (if you can) and serve with ice cream.
In the pasta bowl service, place your pasta in the bowl, add the green beans,
add two tablespoons of pesto, toss, then add chunks of salmon. In the sit
down service, you plate up, then serve the salmon from the plank to the
plate. This dish will also yield an excellent lunch the next day.
Wine Picks: Pinot Grigio, Pinot Gris, or Pinot Noir. Call Pacific Merchants
in Upland for further suggestions.
Buon Appetito! Tony Sears
July-August 2014
“The oldest continuously active bar association in California”
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July-August 2014
“The oldest continuously active bar association in California”
The iPad Lawyer | I’m Scott
Grossberg and This is How I Work
By Scott J. Grossberg, Esq.
“Your time is limited, don’t waste it living someone else’s life.
Don’t be trapped by dogma, which is living the result of other people’s thinking.
Don’t let the noise of others’ opinions drown your own voice.
And most important, have the courage to follow your heart and intuition,
They somehow already know what you truly want to become.
Everything else is secondary.”
- Steve Jobs
F
or some time, the wonderfully entertaining and informative site,
Lifehacker, has been running a “How I Work” series. Various
people are interviewed and together they explore and learn about what
makes these people tick . . . From their favorite apps to their preferred
gear and, of course, how they work. Lifehacker hasn’t gotten around
to asking me to be part of this series, yet... So I thought I would do it
myself. Many of you ask during my live events how I crush my dayto-day workload. Well, here’s a sampling.
Location: Rancho Cucamonga, CA
Current Gig: Creator (that should nicely encompass me being an author, public speaker, executive coach, attorney, and magician)
One word that describes how you work: Passionate
Current mobile device: iPhone 5s (Space Gray)
Current computers: iMac (with dual display), MacBook Pro (Retina
Display, 15-inch), iPad Air (128GB), and iPad Mini (128GB)
What apps/software/tools can’t you live without? Why?
I live in either iThoughts HD (for iPad and iPhone) (http://
toketaware.com/ithoughts-ios) or XMind (for my desktop and laptop)
(http://www.xmind.net). Both are mind mapping tools that sync with
each other. These tools mirror the way my brain works and allows me
the greatest flexibility for my workflow. I still long for Lotus Agenda
and I’ve now created my own Lotus Agenda replacement with these
mind mapping tools.
Next would be Notesy(for iPad and iPhone) (http://notesy-app.com/
) and Notational Velocity (http://notational.net) or nvALT (http:
//brettterpstra.com/projects/nvalt) (for my desktop and laptop). These
are how I capture quick thoughts, reminders, and even record my
time.
I’ve started using Siri a lot more. I probably dictate about 30-40% of
the time now. I find it truly effective and efficient to dictate several
emails in one Notesy entry and then break them apart later into more
formal email transmittals. And when Apple’s iOS 8 is released, Siri is
going to be even more compelling and omnipresent.
GoodReader (http://www.goodreader.com) is my filing system for my
iPad and iPhone. It’s really the Swiss Army Knife of apps.
My handwritten notes are usually captured in a Moleskine (yes,
I keep a terrestrial journal) or in an app called Noteshelf. (http://
www.fluidtouch.biz/noteshelf).
Naturally, I work a lot in my calendar - it’s how I manifest what
I want to accomplish. So I am going back and forth between my
desktop/laptop Outlook program and Pocket Informant Pro (http:
//pocketinformant.com) on my iPad and iPhone. They sync back and
forth and make my life easier.
What’s your workspace setup like?
My office kind of looks like Mission Control. I have a dual monitor
iMac setup. Dual monitors make me much more effective and efficient.
I may even move to three screens at some time. I also have a Wacom
tablet hooked up so I can draw digitally or make notes as needed.
I also have a standing desk. My MacBook Pro usually sits on that so I
can move freely around without losing time.
Naturally, my iPad goes everywhere with me. When I’m traveling, my
workspace is made up of my iPad, iPhone, personal hotspot, Apple TV,
and extra batteries for the iPad and iPhone.
9
My workspace really isn’t complete without workout equipment (I
like to keep moving). I have a Bosu ball, TRX suspension cord, a large
stability ball, and a medicine ball in my office. I make it a habit to
periodically take breaks and exercise.
What’s your best time-saving shortcut/life hack?
Planning, scheduling, and actually participating in my own success. I
find that most people spend much of their time mostly reacting to what
Life throws at them. I like to plan, plan, plan. That doesn’t mean that
I’m not flexible. But, I know what I want to create and accomplish on
any given day. And I’m ruthless about not participating in and eliminating anything that doesn’t further my grand designs. I like structure.
And I like routines.
What’s your favorite to-do list manager?
I keep a Moleskine journal that is carefully configured to track my todos. For more complex and fluid projects, I will use iThoughts HD and
XMind (mentioned above) to create elaborate action item workflows
and deadline tracking.
Besides your phone and computer, what gadget can’t you live
without and why?
My iPod. I still use the old iPod Classic. It’s got 160GB of storage and
holds my entire music library. I must have music around me.
What everyday thing are you better at than everyone else? What’s
your secret?
I’ve been told that I’m very organized and have a systematic way to
make certain that things happen when, where, and as they should. I
think that’s really a manifestation of my ability to see patterns in just
about anything and everyone. I look at those patterns (even my own)
and connect them to what I want to have happen.
Results are very important to me and my clients. That means I start
with the desired result, first, and then systematically create a workflow
and flight plan that will take me (or my clients) from where I am to
where I want to be. It’s a very scripted and structured progression that
has improvisation time built into it (no matter how much you plan, Life
has a way of throwing you surprises).
What do you listen to while you work?
I listen to all kinds of music. Neil Diamond is my favorite artist. And
I’ve really become enamored with Delta Rae lately. I usually set up
custom listening stations on iTunes Radio.
I have been experimenting with ambient noise, as well. Take a look at
coffitivity.com, rainycafe.com, and soundrown.com for some ideas of
what I’m talking about.
Is there anything else you’d like to add that might be interesting
to readers/fans?
The world is moving so fast and technology is changing so quickly that
many people don’t think they can keep up. I promise you that by just
employing a few, simple systems and creating a habit of success, you
can achieve what others think is impossible.
If you enjoyed this, I’d be grateful if you’d share it with others. That’s right, go
ahead and help spread this information by emailing it to a friend, or sharing it
on Twitter, Facebook, or Google+. And, if you’re interested in finding out how
I can make a presentation to your law firm or association, please contact me at
909-483-1850 or email me at [email protected].
© 2014 by Scott Grossberg. All Rights Reserved.
Mr. Grossberg is a founding partner of the Southern California law firm of Cihigoyenetche, Grossberg & Clouse. He is a featured speaker and published author on numerous topics including media relations, social media, technology, public speaking,
memory, and various other cutting edge concepts. Mr. Grossberg’s “iPad Lawyer” and
“Million Dollar iPad” seminars provide business professionals with the ability to truly
harness the potential of Apple’s tablet. He is regularly called upon to address the impact
of emerging technology and social media, suggest policies and procedures that should
be in place, and to discuss liability exposure for this new way of doing business. He can
be reached at [email protected].
10
San Bernardino County Bar Association
From the Desk of the President of the
HON. JOSEPH B. CAMPBELL
AMERICAN INN OF COURT
by Kevin B. Bevins
T
he Honorable Joseph B. Campbell American Inn of Court held
our annual End of the Year Banquet - baseball style at the San
Manuel Stadium on June 11, 2014. Our theme for the 2013/2014
year was “What Can The Law Learn From Baseball?” Keeping with
tradition, Presiding Judge Manuel Ramirez of the California Court of
Appeal, Fourth District, Division Two, and San Bernardino County
Superior Court Presiding Judge Marsha Slough provided State of the
Court addresses to the Inn members in attendance. We were treated
to a patio party with hot dogs, hamburgers and all the trimmings. Our
meeting was held before the Inland Empire 66ers took on the Visalia
Rawhide.
Presiding Justice Ramirez informed us that some of the cases from
the Riverside based court were being reassigned to Santa Ana and
San Diego to reduce the caseload of the Division Two Court. The
hope for two additional Justices to sit in Riverside has been dashed
for now due to state budget constraints.
Presiding Judge Slough announced that the opening of the new
San Bernardino County Justice Center has been a smooth transition,
with civil court cases getting to trial with little or no delay. The court
budget for trial courts is improving somewhat, but not to the extent
needed to restore deep cuts necessitated by reduced funding over the
last several years.
After comments from our guest speakers, Mark McGuire, the
Program Chair for the Inn, marched onto the baseball diamond,
strode confidently to the mound, and threw an almost perfect strike
for the ceremonial first pitch of the game. Mark was instrumental in
setting the theme for the year, with each meeting program based on a
famous Yogi Berra saying. Well deserved kudos to Mark, and to the
Board of Directors for a job well done this year!
The Campbell Inn lead off our inn year with a prestigious honor
from the national office of the American Inn of Court, with the
bestowing of the Platinum Level Recognition for the Achieving
Excellence Program instituted as an achievement based program
throughout the Inns in the United States. There are five core
competencies of successful Inns: Administration, Communications,
Programs, Mentoring and Outreach Programs. The Joseph B.
Campbell Inn is the first Inn from Southern California to earn
the award. Caryn Worcester, CAE, Director of Chapter Relations,
Western Region of the American Inns of Court, presented the
Platinum Award For Excellence to Immediate Past President,
Commissioner Diane Anderson and the Inn Board on behalf of the
members of the Campbell Inn at our first meeting of the 2013/2014
year on October 9, 2013.
This year marked our move to a new location, The Castaway
Restaurant, 670 Kendall Drive, San Bernardino. Sitting high on a
hill overlooking San Bernardino, The Castaway provided a much
larger meeting space, delicious meals, and excellent service to the
Inn, and we look forward to returning in October, 2014 for our next
“Inn Year.”
We were fortunate to again partner with the LaVerne Law
School, with three students joining the Inn; Katherine Ellis, Nasim
Najifi and Stephanie Schmitt. We wish them well on the July Bar
Examination!
July-August 2014
Our December meeting was our field trip meeting. We were treated
to a tour of the California Court of Appeal, Fourth District, Division
Two by our host, Presiding Justice Ramirez. Justice Ramirez was
again an instrumental contributor to our Inn this year. He was a
member of the panel for the October meeting, hosted our field
trip, and spoke at our end of the year meeting. Thank you, Justice
Ramirez. Your support and the support from the Justices from the
Court of Appeal is certainly appreciated. After our tour of the Court
of Appeal, the Inn treated members to beverages and Tapas at Café
Sevilla, in Riverside.
For our February meeting, the Campbell Inn joined with our
colleagues from the Southwest Inn of Court from Temecula and the
Slaughter / Roemer Inn from the Coachella Valley for the annual
Joint Banquet, hosted this year by The Leo Deegan Inn, of Riverside
at the beautiful Mission Inn. California Supreme Court Chief Justice
Tani Cantil-Sakauye was the featured speaker. The Campbell Inn is
looking forward to our turn as host of the annual banquet in 2015.
This year marked the first Inns of Court meeting held at La Verne
Law School. La Verne Dean Gilbert Holmes welcomed Inn Members
and 15 La Verne Law School Students to our meeting, the theme
of which was “No One Goes There Anymore, It’s Too Crowded!”
Justice Jeffrey King of the Fourth District, Division Two Court of
Appeal was our moderator for the April program, which included
Judge Teresa Bennett and Professor Michael O’Connor.
“The Future Ain’t What It Used To Be” was our May program, and
featured Fredrick Ury, Past President of the Connecticut Bar, who
provided a dynamic and interesting look into the future of the legal
profession and how technology is changing the practice of law.
May also featured the Kaufman-Campbell Banquet, sponsored in
part by the Campbell Inn to honor our namesake, Court of Appeal
Justice Joseph B. Campbell, and former California Supreme Court
Justice Marcus Kaufman. This annual award was bestowed most
deservedly to Presiding Judge Marsha Slough in recognition for
her achievement on the bench as a Trial Judge, and as Presiding
Judge, guiding the San Bernardino Court. Judge Slough has been a
consistent supporter and contributor to the Campbell Inn. Thank you,
Judge Slough.
The End of the Year Banquet included the election of the Board of
Directors for 2013/2014
President: Lisa DeLorme
President Elect: Jack Osborn
Vice-President: Donna Connally
Judicial Liaison: Hon. Mike Knish
Counselor: Hon Katrina West
Membership Chair: Mark McGuire
Treasurer: Tony Sears
Secretary: Kathy Jo Patterson
Program Chairs: Justin King and David Colella
Immediate Past President- Kevin B. Bevins
The Board wishes to express our sincere and heartfelt appreciation
to Immediate Past President, Commissioner Diane I. Anderson. She
has been instrumental in leading the Inn to the Platinum Level, and
has provided great leadership to the Board. We also thank Greg
Brittain for his many years of service as a member of the Board of
Directors of the Campbell Inn.
We look forward to resuming our meetings for 2014 / 2015 with
our first meeting tentatively scheduled for Wednesday, October 8.
2014 at 5:30 p.m. at The Castaway Restaurant.
For membership information regarding the Honorable Joseph B.
Campbell Chapter of the American Inn Of Court, please contact our
Membership Chair, Mark McGuire, at mmcguire@brownwhitelaw.
com.
July-August 2014
www.sbcba.org
11
Scenes from the
June Meeting of the
Hon. Joseph B. Campbell
Inn of Court
Photos by
Hon. Diane Anderson
12
San Bernardino County Bar Association
The Choices We Make
and Shooting Ourselves in the Foot
Donald B. Cripe
O
ne of the earliest “learned professions” in the
Western world is the law. A reading of ancient
history from the earliest beginnings of Western
civilization will reveal allusions to lawyers. Popes,
kings and feudal governments in medieval Europe
relied heavily upon lawyers to guide them. Yet, from
early days and primarily because of the educational
and status advantages lawyers held over most of
society, the profession has suffered from poor public
opinion and criticism; literature and in popular culture
with the onset of the “lawyer joke.”
Probably the most often misquoted line from
literature is from Shakespeare, ‘’The first thing we do,
let’s kill all the lawyers.’’ (Dick the Butcher in ‘’Henry
VI,’’ Part II, act IV, Scene II, Line 73) Although the quote alludes to
corrupt lawyers who threatened the system, it is used modernly as an
affront to the entire profession. The unfortunate spread of offensive
humor aimed at lawyers is most often originated and uttered by clients
damaged by the profession. An offended client suggesting improper
conduct of the lawyer is typical of why the profession has become the
butt of criticism and evil humor.
Those who seek the assistance, protection and counsel of lawyers
are sometimes in the most vulnerable positions of any person possibly
second only to an injury victim on a gurney in an emergency room.
People and it is suggested, most particularly people in modest civil
and most family law disputes, are most often vulnerable to the
promises and representations of attorneys. Those people place their
lives and their fortunes in the hands of professionals to gain some
form of protection from losing things that have worked their entire
lives to achieve. When I was in active practice, I frequently described
the relationship with clients as something akin to marriage. The trust
between the attorney and the client must be absolute. The client must
be able to place his or her fortune and interests in the hands of the
one person in the world that has absolute fiduciary duty to protect
that client zealously. When that trust is violated and the attorney
places his or her financial interests ahead of the representation of
the client, the lay client is frequently left at sea in a rudderless craft.
Most frequently, that violation of trust comes in outlandish and
unconscionable billing practices. The undertaking of and, tragically,
failure to complete sometimes unnecessary tasks or incompetently
pursued remote remedies while imposing charges upon the client that
go beyond the realm of reason and are not merited by the product or
the results. Too often before the client realizes what has been done to
her financially by the lawyer, the charges have been incurred whether
a result has been achieved.
THE QUANDARY
Lawyers must take absolute caution when being engaged by a client
to walk a thin line of assurance while, being open and honest with
the client. The fee agreement must be clear and a signed copy of the
agreement must be provided to the client at the time of engagement.
If the attorney is not careful in her representations, the entire fee
agreement may be voidable at the request of the client. (Business &
Professions Code §6148) If the lawyer’s billing does not comport
with 6148, the contract may be voidable. In a case where the client
successfully voids the fee agreement, the lawyer must rely upon
the theory of Quantum Meruit. (See, Rosenthal v. Great Western
Fin. Securities Corp., (1996) 14 Cal.4th 394, 416–417; Brown v.
Wells Fargo Bank, N.A., (2008) 168 Cal.App.4th 938, 958) When
July-August 2014
that happens, the lawyer must prove that the work done was
necessary and proper and, I suggest, properly done.
The reader will not be surprised to know that if the lawyer
must justify his billing, he had better keep meticulous billing
records that comply with 6141, otherwise there is a good chance
they will be rejected by an arbitrator (or court) upon
which the trier of fact will value the work done.
But even if the attorney can produce meticulous
billing, she must be able to prove (that old burden
of proof again) that the fee was not exorbitant or
unconscionable. The reader may be happy to know
this is a concept unique to California law.
After taking a case, the lawyer should take
careful aim at the goal of the client to make certain
that the cost of the case to the client is merited
by that goal. If the attorney’s litigation plan or
actual performance causes the cost of the case
to render the client worse off after the litigation
than before, the attorney may well be forced
to disgorge that which has been collected from
the client or to walk away from excessive fees.
(See, Bushman v. State Bar, (1974) 11 Cal 3d
558, 563; Tarver v. State Bar (1984) 37 Cal 3d 122, 134; Matter of
Silverton, (Rev.Dept. 2001) 4 Cal. State Bar Ct.Rptr. 252, 257–258)
The “outlandishness” of a fee charged by an attorney is most readily
judged by examining both its procedural and substantive aspects; as
with other contractual arrangements, the less evidence there is of
substantive unconscionability, the greater the need to show procedural
unconscionability, and vice versa. Prof.Conduct Rule 4–200. (See,
Cotchett, Pitre & McCarthy v. Universal Paragon Corporation,
(2010) 187 Cal.App.4th 1405) “Procedural unconscionability” refers
to inequality of bargaining power which gives no meaningful choice
to weaker party.” (Shaffer v. Superior Court, (1995) 33 Cal.App.4th
993)
I have been a fee arbitrator in Riverside for many years; one
comment made by an attorney stands out in my memory: “[the fee]
is my money!” Said even though no determination had been made.
Attorneys must remember, “The right to practice law is not a license
to ‘milk the unfortunate.’” (Matter of Silverton (Rev.Dept. 2001) 4
Cal. State Bar Ct.Rptr. 252, 258; Bushman v. State Bar (1974) 11 Cal
3d 558, 564–565)
If the lawyer is not very careful in how she proceeds, she may
subject herself to a very subjective decision by a trier of fact who, by
the nature of the dispute, will undoubtedly favor the client.
OK, SO WHAT DO WE DO?
Before a client walks through an attorney’s office door for that
first meeting, the attorney must have in mind all of the alternatives
available to the client. “ An attorney should advise a client of ADR ‘at
the outset of the relationship’ and, when appropriate, during the course
of litigation.” [State Bar California Attorney Guidelines of Civility and
Professionalism § 13]” It is easy for us to succumb to the temptation
of a big fee in a case we can, through our wits and skill, keep small.
At numerous places in the Rutter Group: Civil Procedure Before
Trial, contains statements such as found at 1:25, “The client should
be given an estimate of the cost, time and effort likely to be incurred
in litigation. The possibility of early negotiations toward settlement
and other alternative dispute resolution (“ADR”) procedures should
be explored. Seeking settlement should not be viewed as a sign of
weakness, but rather as an intelligent evaluation of the risks vs.
benefits of litigation.” (emphasis mine) Rutter continues at 1:31 to
state, “The client should be made aware of alternative forms of dispute
resolution (ADR) that might be utilized to reach the legal objective
sought: e.g., mediation, arbitration, neutral fact-finding, etc. If such
procedures would be appropriate to the case, they should be explained
to the client and evaluated as viable alternatives to a lawsuit.”
July-August 2014
The reader familiar with my usual subject may have
thought that I changed course. I have not.
When a lawyer dismisses ADR solutions (particularly
in an era of troubled courts) without giving the client
an objective opinion about what is best, the lawyer is
not serving the client. He may also place his interests
before the client. (“The litigious spirit is more often
found with ignorance than with knowledge of law.” –
Cicero) Moreover, attorneys are figuratively shooting
themselves in the foot by not taking advantage of an
opportunity to relieve their clients of the financial
and emotional stresses of litigation, the costs, and
uncertainty of litigation. I suggest that if attorneys do
so with the same enthusiasm they do when proceeding
in the litigation mindset, business will flourish. Few
clients, I propose, would opt to go through the misery
of litigation if the case can resolve. An allusion I made
in a previous article follows: Abraham Lincoln was
a very practical trial lawyer; an attorney who urged
mediation. When asked by others if mediating cases
and peace-making wouldn’t hurt his law practice, he
said, “There will still be business enough.” Lincoln
urged mediation in his largest cases. In Superfine
Flour, though he had a good case to litigate, he told his
client: “I certainly hope you will settle it. I think you
can if you will....” He went on to say, “By settling,
you will most likely get your money sooner; and with
much less trouble and expense.” Regarding most cases
Lincoln said, “Persuade your [clients] to compromise
whenever you can. Point out to them how the nominal
winner is often the real loser--in fees, expenses and
waste of time.” (All quotes dated circa 1850)
Yes, attorneys should remember to let their clients
know that if they prevail at trial, the judgment may
appear to be significantly larger (nominal winner)
than a settlement offer, but after costs and expenses
“lawyers’ math” will prevail and the recovery the
clients appreciate is often less than if they had accepted
a relatively modest settlement offer. It should also be
added that the settlement would come without the risk
of trial.
Competent, efficient and affordable ADR Services
are available in almost every Southern California
community who can help attorneys resolve cases for
their clients. These proceedings, whether by way of a
private trial, private hearing, arbitration or mediation,
will be the faster way to resolution. The attorneys must
also inform their clients that by taking their cases to
mediation with an experienced mediator, that client
and his opposition will have the flexibility to select
remedies that many times are not available through
trial.
The moral: Don’t shoot yourself in the foot. Put the
client first which includes information about all of the
risks, costs and tribulations of litigation accompanied
by professional advice that will allow the client to
make an informed decision.
Donald B. Cripe is a full time Dispute Resolution
Professional and principal of California Arbitration &
Mediation Services. Mr. Cripe also teaches Mediation
and Negotiation at the University of La Verne College
of Law.
*Illustration printed with permission of the Artist
www.sbcba.org
13
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M ic h a e l B . L y n c h
Polygraph Examiner Since 1974
Primary Instructor APA Accredited School
BS Criminal Justice / MA Public Administration
Twenty-Three Years Experience Law Enforcement
_________
Criminal Defense
Civil Litigation
Dispute Resolution & Arbitration
Sex Offender Issues
_________
(951) 529-2486
[email protected]
www.lawyerspolygraph.com
San Bernardino County Bar Association
14
July-August 2014
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and government. Let us help you build your online
presence today.
Visit www.LindstedComposition.com for more
information.
LAW OFFICES OF GERARD R. DAGONESE and
Conflict2Peace Ministries: Experienced attorney and
Certified Christian Conciliator™ provides mediation,
arbitration, and reconciliation services under the
Rules of Procedure for Christian Conciliation.
Contact Gerard Dagonese (909) 742-7154 for more
information.
WORKERS’ COMP SPECIALIST: Free consult for
those clients injured on the job, or fired because they
reported a work injury: Nancy Wallace 909-381-2771
http://www.imhurt.info
CPA FORENSIC ACCOUNTANT, Howard E.
Friedman. Business Valuations, Cash Flow, Separate
vs. Community Prop. Tracing. Court-Appointed
Expert, Receiver, Special Master. Call 909/889-8819
Fax 909-889-2409 363 W. Sixth St., San Bdno, CA
92401.
BOOKKEEPING services 15+ yrs exp. working in the
legal field. For additional information please contact me
@ (951) 236-1822 or email [email protected].
DID YOU KNOW? Numerous factors can result
in CPS reports that contain biased, skewed, or
inappropriate conclusions and recommendations.
If your client has had involvement with CPS and
those records may be used in your case, contact
me for a FREE consultation. New recession rates
now in effect! Michelle Markel, MC: 909-389-8051;
[email protected]; www.mlmarkel.com
GOLDEN STATE MUNICIPAL PROCESS SERVICEFast, Efficient, Professional & Affordable service.
Covering San Bernardino, Riverside, Orange & Los
Angeles Counties. Nationwide service also available.
We offer Court Filing, Skip Trace, Stake Outs , Special
Handling and Rush/Same Day Service. Located in
San Bernardino. Free proof of service filing in San
Bernardino, Riverside, Fontana, Chino and Rancho
Cucamonga courts. See our website at Goldenstatem
unicipal.com. Phone- (909)-562-1871.
EXPERIENCED
IMMIGRATION
ATTORNEY
– Expertise in Criminal/Immigration Defense. ICE
Holds? Immigration Bonds? Deportable Convictions?
Immigration Court hearings? Call Today! Rogelio
V. Morales, Esq. • 11801 Pierce Street, Suite 200
Riverside, CA 92505 • 951-710-3039 (office) • Serving
Riverside & San Bernardino Counties • Se Habla
Español
EMPLOYMENT
CONFERENCE ROOM AVAILABLE for rent in
Victorville. $100 to $150 per day. Call Shirley at
Medeiros & Associates (760) 245-4034. 14390 Park
Avenue in Victorville. www.medeiroslaw.com.
THE LAW OFFICE OF STEPHEN J. HANSEN, in
Chino, handles Family Law, Chapter 7 Bankruptcy,
and DUI defense. I am available for special
appearances at reasonable rates. My phone is 909/
393-1876, Fax 951-270-1935.
COX
INVESTIGATIONS:
Criminal
&
Civil
investigations. Evidence Photography. 25 years of
investigative experience. Retired CHP. PI License
#24367. 909/387-0077 www.coxpi.com
FAMILY LAW - CIVIL LITIGATION ATTORNEY w/
multiple years exp. avail. for depos and appearances
including federal court throughout SO CA. Please
call Shauna M. Wickham - 951/440-6938.
ALAN R. SIMS APPRAISING - Comml, Residential,
Estates, Litigation, Divorce, Ins., M&E. 909/5848820. [email protected]
HI-CALIBER PRIVATE INVESTIGATIONS: State
licensed/insured private investigations firm. Located
in downtown Redlands. Nat’l Board Certified in Crim.
Defense. Family & civil law.(Ca Lic 23442.) 18 E.
State St., #208, Redlands, CA 92373. Phone: 909/
792-0999; www.hi-caliber.org
FAMILY LAW - CIVIL LIT. ATTORNEY avail. for
contract work: court hearings, research, trial assist.,
prep of motions, mediations. Ugo-Harris Ejike: 909/
890-9082.
CIVIL AND CRIMINAL APPEALS & WRITS. Stanley
W. Hodge, Attorney at Law. 15490 Civic Dr. #204
Victorville, CA 92392 760/951-8773.
EXP’D FAMILY LAW PARALEGAL/ Legal Secretary
available on a contract basis. For immediate
assistance,
call
(951)805-4735
or
e-mail
[email protected].
ROVING REPORTERS, Cert’d Shorthand Reporters.
We provide exp’d., highly qual. crt reporters srvg all
So. Ca.; LiveNote/Realtime hookup; video, interpreter
service avail. We use latest in tech. incl. ASCII disks
& condensed transcripts always free of charge w/your
transcript. 25th year in business. 800/955-7969.
CIVIL APPEALS, WRITS, MOTIONS: Crisp, cogent,
thoroughly edited by 17-year civil practitioner. Pub.
Calif. Sup. Court opinion; appellate & trial court
briefs (pre- & post-trial motions); many successful
summary judgment motions, oppositions. Am. Jur.
Award Adv’d Lgl Research & Writing. Superlawyers’
Rising Star. Member, U.S. Sup. Court. Law Offices
of A. Gina Hogtanian. (818) 244-7030. Website:
hogtanianlaw.com. Email: [email protected].
!
"##$
Legal Assistant Position busy Christian law office:
BA, BS, or paralegal certificate required. Excellent
writing, grammar, computer, and mathematic skills.
Also multi-tasking, adept with elderly, team player.
Job is primarily in estate and probate litigation/
administration, and estate planning. Proximity to
Redlands office important. Fax resume to 909-3359489 or e-mail [email protected].
Seeking Position of Family Law Paralegal in Inland Empire. 17 years experience in Family Law,
and 3 years experience in Chapter 7 Bankruptcy.
Please call Debbie at 909/831-5506. Resume upon
request.
OFFICE SPACE
OFFICE SPACE - RIVERSIDE: 2,700+ sq. ft., $2,450/
month plus utilities and trash, no CAMS, 7 large offices/
conference rooms, reception area, large copy room, full
kitchen and patiopre-wired for phone, internet and alarm.
Call Kathi at 951-682-7334.
BRAND NEW COURTHOUSE & PROFESSIONAL
SERVICES/LEGAL OFFICE SPACE AVAILABLE IN
DOWNTOWN BANNING, CA. With the completion
of the new Banning Superior Courthouse law, office
space ranging in size from 500/sf – 5,000/sf will
also be available in the new mixed-use commercial
development, Village @ Paseo San Gorgonio
(V@PSG). V@PSG is an 80,000/sf development
venture offered by Pearlman Frost Company and
includes retail, restaurant and office space suitable
for downtown Banning and the Government Service
Corridor composed of the new Courthouse, new
Police Station and City Hall. Interested in learning
more, call Lynn F. Coker at 949-584-6189 (or email:
[email protected]) for more information.
BANNING OFFICE FOR RENT - $1,200 per mo.
Three offices, lobby with fireplace, small kitchen,
bathroom. Handicapped walkway and bathroom.
Large parking area. Call (909)725-3121 and ask for
Ben.
DOWNTOWN REDLANDS PRESTIGIOUS 2
OFFICE SUITE AVAIL. Located on the 6th flr of the
historic landmark Citibank Bld’g downtown Redlands.
350 sf includes mtn views, receptionist, waiting
room, shared conf room, secured underground
prkng, janitorial srvce, mail pick up & delivery srvce
& 24 hr building security. Ideal for atty, accountant,
ins., or other professionals. To view, contact: E-Mail:
[email protected] or [email protected]
et, Tel. 909/792-5882 or Fax: (909) 792-5150.
FOR RENT: 3500 square foot single story building at
472 N. Arrowhead Ave. between 4th and 5th St., very
near Courthouse with its own prkng, $3,500 month.
Call Howard Friedman at Realicore 909-486-2960.
Realicore, specializing in RE for Attys and their
Clients.
OFFICE SUITES AVAILABLE: Riverside County Bar
Association Building, 4129 Main Street, Riverside
Downtown Justice Center. Contact Sue Burns at
(951)682-1015.
NOTICES
CONFIDENTIAL HELP! Judges & Attys in trouble
w/alcohol, drugs. 800/222-0767; 909/683-4030, 24
hours-7 days a week.
SBCBA Members: Advertise FREE for 6 mo.
in Classifieds. Continue ad for $10 per month in
advance. Non-members $10 a month in advance.
909/885-1986 or email [email protected].
July-August 2014
“The oldest continuously active bar association in California”
15
San Bernardino County Bar Association
16
BULLETIN
Workers’ Compensation
of the
San Bernardino County
Bar Association
Social Security Disability
Personal Injury
“California’s Oldest Continuously Active
Bar Association”
Organized December 11, 1875
WE CAN HELP!
In Affiliation with the
High Desert Bar Association
2013-2014 Board of Directors
OFFICERS
Francisco T. Silva, Scott M. Rubel, Donald F. Cash,
Darla A. Cunningham
Jack B. Osborn
More than 80 years combined experience. Refer your Workers’ Compensation, Social Security, or
Personal Injury clients with confidence. A free consultation is only a phone call away.
We pay referral fees in accordance with State Bar Rule 2-200(A).
Francisco T. Silva and Scott M. Rubel are Workers’ Compensation Law Certified Specialists
by the State Bar of California Board of Legal Specialization.
Bradley R. White
WORKERS’ COMPENSATION LAW CERTIFIED SPECIALISTS
Vice-President
STATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATION
Victor J. Herrera
Lerner, Moore, Silva, Cunningham & Rubel
John R. Zitny
President
President-Elect
Secretary-Treasurer
Kevin B. Bevins
Immediate Past President
DIRECTORS-AT-LARGE
Hon. Diane I. Anderson
Joseph Fitzgerald
Kerrie C. Justice
Barbara A. Keough
Eugene Kim
Michael Reiter
John W. Short
Sandy L. Turner
Executive Director
Claire E. Furness
“The mission of the San Bernardino County Bar
Association is to serve its members and
the community and improve
the system of justice.”
555 North Arrowhead Avenue
San Bernardino, CA 92401-1201
(909) 885-1986 Fax: (909) 889-0400
E-mail: [email protected]
Web: www.sbcba.org
T
July-August 2014
he Bulletin of the San Bernardino County Bar
Association is published 11 times a year. Our
circulation is approximately 1,100, including: our bar
membership of 900, 95 state and federal judges, state
&local bar leaders, legislators, media, and businesses
interested in the advancement of our mission.
Articles, advertisements and notices should be received
by the bar office no later than the fifteenth of the month
prior to the month of publication. For current advertising
rates, please call the number listed above. Please direct
all correspondence to the above address.
Ph: 909/ 889-1131 • Fax: 909/884-5326
141 North Arrowhead Avenue, Suite 1
San Bernardino, California 92408-1024
www.injuryatwork.com