SDCBA Bar Report

Examining CDS and GO
Bond Practices
Ethics in Brief
The Business & Corporate Law section analyzes
recent activity in their first column submission.
The SDCBA’s Legal Ethics Committee
explores Jury Venire.
See Betting, page 3
See Ethics, page 5
WWW.SDCBA.ORG Risk Management
Insights
AIB considers the potential risks in
using social media.
See Risk, page 12
JUNE 30, 2010
VOLUME 17, ISSUE 6
SDCBA Members Save Big on Court Reporting Services with Hutchings
Hutchings Court Reporters
is the newest SDCBA member
benefit provider. Since the
inception of this family-ownedand-operated company in 1953,
they have established a strong
presence in the San Diego legal
community.
Hutchings offers SDCBA
members special reduced rates
which reflect a minimum of a
15% savings on both primary and
incidental rates, not to mention
their uniform transcript format
policy that eliminates unnecessary
page charges common in the
industry. Aside from these
significant reductions, SDCBA
members stand to utilize an
agency whose client service
focus and attention to detail is a
central aspect of their business
platform.
Hutchings’ local, statewide
and nationwide services cover
the full gambit of court reporting
needs including depositions,
hearings, arbitrations, meetings,
trials, exams, and statements.
Telephonic and remote access
document depository services
along with videographer,
video teleconferencing and
synchronization services, general
imaging, interpreter scheduling
and transcription services.
World-Class Service Since 1953
proceedings are also routinely
handled by Hutchings’ scheduling
team. In addition, Hutchings
provides a myriad of other
legal services, including online
calendar, transcript, exhibits and
“I’ve never worked with a court
reporting firm as responsive to
client needs as Hutchings. They
are available to us at all times and
take accountability. I like knowing
I can communicate directly with
the owners instead of some
faceless mega corporation that
has new ownership on a regular
basis,” according to T.N., a
Case Manager and Hutchings
Court Reporters client.
The SDCBA active member
discount can be obtained by
advising Hutchings, at the time
that you request their services,
that you are a member of the
SDCBA.
To find out more about
Hutchings Court Reporters
and the many legal services
they offer, visit their website
at www.hutchings.com or
call 800-697-3210. For more
information regarding the
SDCBA’s member benefits,
see the insert in this issue of
Bar Report or visit www.sdcba.
org/memberbenefits.
Judicial Reception
Susan Hack, Hon. Donald Armento
Aaron Olsen, Amber Eck, Helene Colin, Sophia Luber, Hon. William Gallo
Hon. Irma Gonzalez
Run for a Seat
on the SDCBA
Board of
Directors
If you are interested in running
for one of the open seats on the
SDCBA’s Board of Directors, be
sure to submit a self nomination
before August 2. The Board of
Directors is the governing body
of the SDCBA, and is comprised
of a maximum of 19 members. There are four open “at large”
Board positions, and one regional
position (East County) up for
election. Any active member in
good standing with the SDCBA
for at least three years at the
time of the election can selfnominate by submitting a Candidate
Nomination Form, available online at
www.sdcba.org/boardnomination. In order to qualify to run for the
regional seat, the attorney candidate
must have his or her primary office
in the East County geographic
area, or have served as President
of the region’s Bar Association in
the past two years. The term of
office for all Board of Directors
positions is three years.
All nomination forms must be
received (via mail or hand delivery
only) no later than August 2 at
the SDCBA. Candidates should
contact the SDCBA’s Section,
Committee and Governance
Coordinator at 619-321-4118 or
[email protected] with any questions. Additional information can also be
found online at www.sdcba.org/
boardelection.
This year’s election, held in
October and November, will once
again feature electronic voting, with
traditional paper ballots available
to members upon request.
In 2004, the Board established a
Leadership Outreach Committee
(LOC) to encourage qualified and
eligible candidates to run, ensure
diversity within the leadership of
the organization and to provide
campaign guidance to candidates.
Attorneys who are interested in
running, as well as attorneys who
have suggestions for qualified and
eligible candidates are encouraged
to contact the LOC through Jerrilyn
Malana via email at jmalana@
littler.com.
Page 2
BAR REPORT
Kruis Ads 4x6
6/14/09
10:52 AM
Page 1
June 30, 2010
This Month in “Dicta”
This column examines what was happening 50 years ago in the Bar’s Dicta publication.
“Lex (schola) ferenda” – “what
law school ought to be” is the
current motto for California
Western School of Law. What Cal
Western is now, is a lot different
than what it was fifty years ago. In fact, it wasn’t called California
Western School of Law, it wasn’t
located at its current home at
225 Cedar Street and it wasn’t
accredited. The August 1960
edition of “Dicta” provides “A
Report on California Western
University’s College of Law”
and introduces the new dean
who would change all of that. Robert K. Castetter took
over for Lloud C. Swortwood
in 1960 as the new dean of
California Western University
College of Law. At that time, the
law school was still part of United
States International University
(USIU). Dean Castetter was
formerly with “San Diego State
College” where he was chairman
of the business law department. Dean Castetter, who died in
August of 2009 at the age of 89,
marshaled Cal Western’s drive
towards achieving accreditation
in 1962 and increased enrollment
at the law school significantly. When this article was published
in August 1960, the enrollment
from USIU in 1975 to become
one of the few free-standing law
schools in the nation. Dean
Castetter served as dean until
he was named president of the
law school in 1980. He retired
in 1985. While Dean Castetter will
always be remembered for
helping shape Cal Western
into “what law school ought
to be,” he is probably best
remembered for his positive
outlook, jovial personality and
father figure like presence. The
second floor of the Law Library
is named in his honor, as well
as the courtyard at the 225
Cedar Street campus center,
which also boasts a life-size
was between 25 and 30 students. bronze bust of the “founding”
Cal Western’s current enrollment dean. The caption reveals that
is 900 students. Through Dean Dean Castetter too had a motto:
Castetter’s leadership, Cal "Every day is a good day, but
Western gained membership in some days are better than others." the Association of American Law Those are certainly good words
Schools in 1967 and separated to live by.
STRENUOUSLY COMPASSIONATE
“I must say I was most impressed at the true compassion that you showed
to our client…. [Co-Counsel] had spoken so highly of you beforehand and...
you certainly met my expectations as a mediator and far exceeded them
as a person who truly cared about the participants.”
– Email from plaintiff’s counsel in multi-party real estate case
Steve Kruis – energetic and compassionate in reaching resolution.
501 W.BROADWAY, SUITE 1330 • SAN DIEGO, CA 92101
PHONE: 619.702.8834 • FAX: 619.702.2030
[email protected] • WWW.KRUISMEDIATION.COM
Laturno Kuick Realty
June 30, 2010 Volume 17, Number 6
LETTERS: Bar Report welcomes letters to the
editor. They should be brief and may be edited. To
be considered for publication, a letter must be signed
and include a telephone number. It should be sent to
Bar Report, San Diego County Bar Association, 1333
Seventh Avenue, San Diego, CA 92101, or faxed to
(619) 338-0042. Send e-mail to [email protected].
ADVERTISING: Bar Report includes limited display
and classified advertising. For information on display
and classified advertising placement and inserts,
contact Bar Center at (619) 231-0781 or fax to
(619) 338-0042 or [email protected].
PUBLICATION: The Bar Report is published
monthly by the San Diego County Bar Association.
Reproduction of the Bar Report in any form, in whole
or in part, without permission of the SDCBA is strictly
prohibited.
© 2010, all rights reserved. The views expressed
herein do not necessarily represent the opinions of
the San Diego County Bar Association.
PATRICK HOSEY
President
[email protected]
Short Sales
Residential Real Estate
• Gary Laturno, Esq., President & General Counsel
• Vikki Kuick, Realtor, Engineer & MBA in Finance
ELLEN MILLER-SHARP
Executive Director
[email protected]
SJ KALIAN
Deputy Executive Director
[email protected]
KAREN KORR
Communications Director
[email protected]
ALISON PHILLIPS
Special Events &
Communications Manager
[email protected]
ATTIBA ROYSTER
Graphic Designer
[email protected]
Vikki Kuick featured in Business Week Magazine, May 7, 2007,
“Mortgage Crisis: Why This Slump is Different.”
Contact attorney Gary Laturno directly at
619-741-9652 for a free consultation.
www.BestShortSalesinSD.com
BAR REPORT June 30, 2010 SDCBA Announces New Section
Chairs
The SDCBA is proud to
announce new chairs for the
International Law Section and the
Workers’ Compensation Section
for 2010. The International
Law Section is now chaired
by Denise Hummel, and the
Workers Compensation Section
is now co-chaired by Teresa
Dietz and Marguerite Jonak. Congratulations to our new leaders. For more information on either
the International Law Section
or the Workers Compensation
S e c t i o n o r t o j o i n , v i s i t
www.sdcba.org.
Denise Hummel
Teresa Dietz
Marguerite Jonak
Volunteer
Opportunities
Wills for Heroes - Laptops needed
Please consider donating your
unneeded laptops to the SDCBA for
use at upcoming Wills for Heroes
events. All donated laptops will
be wiped clean and are considered
tax deductible through the Wills
for Heroes Foundation. For more
information, contact Alison Phillips
at [email protected]. Servicemembers Civil Relief Act
The SDCBA provides limited
pro bono assistance for active
military personnel in pending civil
litigation and family law matters
through the SCRA program. To
sign up to participate in the SCRA
program or for more information,
please email Michelle Chavez at
[email protected].
Juvenile Court Book Club
The Juvenile Court Book Club, a
forum for juveniles in the court school
system to read and talk about books
with adult volunteers, is looking
for program volunteers. For more
information on the Book Club, visit
www.juvenilecourtbookclub.org. If
you are interested in participating,
email [email protected].
Visit www.sdcba.org/volunteer for
more information.
Page 3
Betting Against California
The SDCBA Business & Corporate Law Section will be contributing a monthly article to Bar Report. This
month’s article is written by Michael D. Paa, associate attorney at Blanchard, Krasner & French.
On March 29, 2010 California
treasurer, Bill Lockyer, issued a
request for information to Bank
of America, Barclays, Citigroup,
Goldman Sachs, JP Morgan and
Morgan Stanley, asking the investment
banks to describe their practices
relating to credit default swaps
(“CDS”) on California general
obligation (“GO”) bonds. CDS are essentially insurance
policies against a default. Investors
may hedge their GO bond purchases
by purchasing CDS which will
pay the investor upon a default
of the GO bond. While CDS are
useful instruments for managing
risk exposure, they do not contain
intrinsic value, but rather become
valuable upon the failure of another
party to perform certain obligations. Presumably, an increase in CDS
sales for a particular bond indicates
investor fear of default on the
underlying obligation.
Lockyer couches his request for
information on the premise that
the increase in CDS demand for
California GO bonds adversely
affects the price of California’s
bonds in the market. Mr. Lockyer
appears concerned the investment
banks above are encouraging
investors to bet against California
by promoting sale of CDS for GO
bonds. Specifically, Mr. Lockyer
states: “I do, however, worry about
firms selling our bonds, on one hand,
and trading CDS on our bonds,
or otherwise participating in that
market, on the other.” (Lockyer
Letter, March 29, 2010).
Virtually all of the investment bank
responses indicate they expect the
market for California CDS on GO
bonds to increase. Similarly, most
of the banks argue “CDS trading has
had little or no effect of California’s
borrowing costs.” (Goldman Sachs
Letter, April 14, 2010). Many of the
respondents take the position that
providing California CDS actually
improves the market for California
GO bonds because it allows investors
to effectively hedge their GO bond
investments. While arguments exist for and
against the CDS market, the fact that
these market makers are underwriting
California GO bonds on one hand
but also betting against the GO
bonds by selling CDS raises some
concerns. In all contracts there is
an implied covenant of good faith
and fair dealing that no party will
do anything which will impair,
destroy, or injure the rights of the
other party to receive the benefits of
their agreement. (Waller v. Truck
Ins. Exchange, Inc., (1995) 11 Cal.
4th 1, 36). Most of the investment
banks argue, and perhaps rightfully
so, that the CDS market does not
impact the GO bond market or the
costs of financing for California. However, the perception that selling
CDS against the same bonds the
investment banks are hired to
underwrite may breach the good
faith and fair dealing covenants
implied in the contracts. Applying
the implied covenant of good faith
and fair dealing to CDS transactions
is uncharted territory and it is unclear
how the State or Federal regulators
will view these activities. At the
very least, regulators may require
banks playing both sides of the risk
to provide additional disclosures of
their relationships.
On May 5, 2010 Mr. Lockyer
issued a follow-up request for
information to the investment banks
seeking more information about
each bank’s proprietary use of CDS. Similarly, on May 12, 2010 the
Wall Street Journal reported a U.S.
Attorney office inquiry into Morgan
Stanley’s role on both sides of these
transactions. How the banks respond
to Mr. Lockyer’s request and further
Federal inquiries may well influence
whether private litigants may try
to pursue the implied covenant of
good faith and fair dealing claims
or other theories relating to the
CDS market.
Page 4
BAR REPORT
June 30, 2010
100 Percent Club Firm Profile:
Klinedinst PC
The SDCBA’s 100 Percent Club is a special category of membership for firms with five or more lawyers
where all attorneys are members of the SDCBA. This profile recognizes the sustainability commitment of
Klinedinst PC and their overall efforts toward lessening their footprint.
Every corporate citizen has
the responsibility to reduce its
carbon footprint and preserve
natural resources. The attorneys
at Klinedinst PC have taken that
message to heart, launching several
significant initiatives to preserve
the environment. In fact, the firm
is focused on three core areas:
conservation of raw materials,
elimination of harmful vapors
and emissions, and reductions
in energy usage.
When discussing raw material
usage, the major material used in
any law firm is paper. Klinedinst
has launched internal programs
to encourage conservation,
selecting duplex (double-sided)
printing, using recycled paper, and
eliminating paper faxes in favor of
e-fax machines. Scanning (rather
than copying) has also become
a way of life for employees.
With significant investments in
technology and storage, it has
become easier than ever to quickly
scan a document and archive it. In
fact, documents scanned in one
office can be directly transmitted
to any desk, in any of our four
offices across California. All
employee dining areas include
expanded recycling containers
for both plastic and aluminum.
Oil is a key component in the
manufacture of plastics, which is
then used to make water bottles. In
2008, the firm examined its water
usage, and realized that if all four
of Klinedinst’s California offices
stopped consuming water bottles,
we could conserve one barrel of
oil per week. To achieve that goal,
most offices were outfitted with
state-of-the-art water filtration
systems. In combination with an
educational campaign, employees
were issued stainless steel Kleen
Kanteens that could be re-used
and washed, as needed.
Keeping harmful materials out
of the environment is another core
focus. When Klinedinst’s San
Diego office recently underwent
a complete renovation, the firm
had several options when it came
to paint. However, paints are a
common source of Volatile Organic
Compounds (VOCs), which can
be harmful to both air quality
and the environment. Given that
the renovation would involve
hundreds of gallons of paint, the
firm consciously chose colors
with low VOC concentrations.
This improved the indoor air
quality, and helped to minimize
the environmental impact, as well.
In terms of energy usage,
computers are our biggest
consumers of energy, and the
firm has upgraded all equipment
to be ENERGY STAR compliant.
In addition, the firm has been
migrating its multiple servers
to be virtual. Three years ago,
long before it was fashionable to
work in the “cloud,” Klinedinst
undertook an ambitious program
to migrate its physical servers to
work in a virtual environment.
Consolidating servers saves
energy since fewer machines
need to be physically running.
And since fewer machines are
generating heat, energy used to
cool those machines can also be
saved. Currently, one Klinedinst
server handles the tasks of 10
through virtualization, and that
ratio will increase to 15:1 by the
end of 2010.
Being green for Klinedinst is
more than just a way of life. In
fact, it is part of our corporate
culture.
100 Percent club 2010
Asaro, Keagy, Freeland & McKinley
Atkinson, Andelson, Loya, Ruud & Romo
Baker & McKenzie LLP
Balestreri, Pendleton & Potocki
Basie & Fritz
Beamer, Lauth, Steinley & Bond, LLP
Belsky & Associates
Bernstein Litowitz Berger & Grossmann LLP
Best Best & Krieger LLP
BioMed Realty Trust, Inc
Blackmar, Principe & Schmelter APC
Blanchard, Krasner & French, APC
Bonnie R. Moss & Associates
Borgerding, Peterson, Burnell, Glauser & Allred
Borton Petrini LLP
Branton & Wilson APC
Brierton Jones & Jones LLP
Brown Law Group
Buchanan Ingersoll & Rooney, LLP
Butterfield Schechter
Butz Dunn & DeSantis
Campbell Lauter & Murphy
Casey Gerry Schenk Francavilla Blatt & Penfield, LLP
Caufield & James LLP
Christensen & Spath, LLP
Circuit, McKellogg, Kinney & Ross LLP
Cohelan Khoury & Singer
Coughlan, Semmer & Lipman, LLP
Cozen O'Connor
Cricket Communications, Inc.
Dietz, Gilmor & Associates
The San Diego County Bar Association’s 100 PERCENT CLUB is a special category of
membership that indicates an outstanding commitment to the work done through SDCBA
programs and services in the legal profession and the community. These firms (five or more
lawyers) are members of the 100 PERCENT CLUB for 2010, having 100 percent of their lawyers
as members of the SDCBA.
District Attorney's Office
Dostart Clapp Gordon & Coveney, LLP
Duane Morris LLP
Duckor Spradling Metzger & Wynne
English & Gloven APC
Epsten Grinnell & Howell, APC
Fagen Friedman & Fulfrost, LLP
Farmer Case Hack & Fedor
Ferris & Britton, APC
Fitch Even Tabin & Flannery
Fox Johns Lazar Pekin & Wexler
Fragomen, Del Rey, Bernsen & Loewy, LLP
Fredrickson, Mazeika & Grant LLP
GCR, LLP
Gatzke Dillon & Ballance LLP
Glenn Wright Jacobs & Schell
Grace Hollis LLP
Grant & Zeko APC
Green Bryant & French, LLP
Greenman, Lacy, Klein, O'Harra & Heffron
Grimm, Vranjes, McCormick & Graham LLP
Guevara, Phippard & James P.C.
Hargreaves & Taylor, LLP
Henderson, Caverly, Pum & Charney LLP
Higgs Fletcher & Mack LLP
Hooper, Lundy & Bookman
Horton, Oberrecht, Kirkpatrick & Martha, APC
James A. Hennenhoefer, APC
Judkins, Glatt & Hulme LLP
Kennedy & Souza, APC
Kirby Noonan Lance & Hoge LLP
Klinedinst PC
La Bella & McNamara, LLP
Latham & Watkins LLP
Laughlin, Falbo, Levy & Moresi, LLP
Law Office of Beatrice L. Snider
Lincoln Gustafson & Cercos
Littler Mendelson PC
Lorber, Greenfield & Polito, LLP
Lotz, Doggett & Rawers LLP
Luce, Forward, Hamilton & Scripps LLP
Marks, Golia & Finch, LLP
McKenna Long & Aldridge LLP
McLeod Law Group, APC
Miller, Monson, Peshel, Polacek & Hoshaw
Moore, Lewis, Schulman & Moore, APC
Morris, Sullivan & Lemkul LLP
Morrison & Foerster LLP
Mulvaney, Kahan & Barry LLP
Munro Smigliani & Jordan, LLP
Musick, Peeler & Garrett LLP
Neil, Dymott, Frank, McFall & Trexler APLC
Nicholas & Butler LLP
Oliva & Associates, ALC
Paul, Plevin, Sullivan & Connaughton LLP
Peterson & Price, APC
Pettit Kohn Ingrassia & Lutz PC
Pope, Berger & Williams, LLP
Prairie Schwartz Heidel, LLP
Procopio, Cory, Hargreaves & Savitch LLP
Pyle Sims Duncan & Stevenson
Riedl, McCloskey & Waring LLP
Robertson Clark, LLP
Ryan Mercaldo & Worthington LLP
Sandler, Lasry, Laube, Byer & Valdez LLP
Schwartz Semerdjian Haile Ballard & Cauley LLP
Seltzer Caplan McMahon Vitek
Sheppard, Mullin, Richter & Hampton LLP
Shifflet Kane & Konoske
Siegel, Moreno & Stettler, APC
Simpson Delmore Greene LLP
Solomon Minton Cardinal LLP
Solomon Ward Seidenwurm & Smith, LLP
Solomon, Grindle, Silverman & Spinella
Sparber Annen Morris & Gabriel APLC
Stokes Roberts & Wagner, ALC
Stutz Artiano Shinoff & Holtz
Sullivan Hill Lewin Rez & Engel
The Gomez Law Firm
The Watkins Firm, APC
Thorsnes Bartolotta McGuire
Tosdal, Smith, Steiner & Wax
Townsend and Townsend and Crew LLP
Walsh McKean Furcolo LLP
Ward & Hagen, LLP
Wertz McDade Wallace Moot & Brower, APC
White, Oliver & Amundson, APC
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Turner Kosmo LLP
Winet, Patrick & Weaver
Wingert Grebing Brubaker & Goodwin LLP
Wright & L'Estrange
Yelman & Associates
June 30, 2010 BAR REPORT Mock Jury Trials: What is the Jury “Venire” for
Purposes of Rule of Professional Conduct 5-320
which Prohibits Contact with Members of the
Jury Venire?
The most recent ethics that the above definition is the the court’s ability to select a
opinion of the San Diego most logical construction of jury. However, the court noted
County Bar Association Legal “venire” in this context.
that its order only precluded
Ethics Committee provides
In the first case, the Texas contact with potential jurors
guidance on the following Court of Appeals concluded from the specific division of
issue: “Does Attorney violate that the trial court did not Middle District in which the
[California Rule of Professional abuse its discretion in denying case was pending. Contact
Conduct] 5-320 by assembling defendants’ motion for a with persons from outside of
[a] mock jury, or causing it to mistrial in the context of a the division was permissible. be assembled, at a time after substantial personal injury The only prohibited contact
jury summonses were sent in verdict where the plaintiff’s was with persons who had been
the community in which the attorney who conducted the summoned for the venire on
trial will be held but before the mock trial in a community of the date set for trial and those
date set for the trial in which just 300 people excluded from who could potentially be called
the jury will be empanelled?” the mock jury the one person if additional venire persons
Rule 5-320 (“Contact with who had been summoned to were needed. Both cases,
Jurors”), subdivision (A) jury service on the day the the Legal Ethics Committee
reads: “A member connected actual trial would take place. concludes, “confirm that the
with a case shall
term ‘venire’ for that
not communicate
purpose [i.e., for mock
directly or
trials] means those
indirectly with
actually summoned as
anyone the member
opposed to all of those
knows to be a
in the community.” member of the
U l t i m a t e l y, t h e
IN BRIEF
venire from which
Committee concludes:
the jury will be
“Absent court order,
selected for trial
an
attorney is not
A column from the SDCBA’s Legal Ethics Committee
of that case.” The
ethically prohibited
rule does not define
from conducting
“venire.” a mock trial with
In the hypothetical presented There was no violation of the members of the community in
in the opinion, two attorneys Texas disciplinary rule most which the attorney’s trial will
will present opposing opening analogous to Rule 5-320 by the be held, even after a venire
statements, selected evidence, attorney’s explanation to the of prospective jurors has
and closing arguments. This one summoned potential juror been summoned and even in
is to take place two weeks that because of the summons a relatively small community. before the actual trial, and he could not participate in the To avoid offending the ethical
jury summonses are normally mock trial. Also, any harm rule, and compromising the
issued three months in advance from failing to ask about the administration of justice, an
of any particular trial date.
mock jurors’ possible familial attorney conducting such
The LEC concludes that relation with summoned jurors an exercise should screen
for purposes of 5-320, jury was cured by the extensive participants about whether
“venire” means “that group of inquiry of any such relations they have been summoned for
individuals actually summoned during voir dire. In the second jury service for the date the
to come to a given courthouse, case, defendants in a Florida attorney’s trial is set to begin
as opposed to a particular high profile drug prosecution and exclude from the mock
courtroom, for jury service at sought to conduct a detailed trial those who have been
the time trial is set to begin.” community attitudinal survey summoned for that date or
Those falling within this in the relevant judicial district indicate they intend to appear
definition of venire “may to discover attitudes about the for service on that date.” not be solicited by a lawyer defendant and the issue in the
or his or her agent to serve case, i.e., a “jury profile,” and
The above was submitted
as ‘mock’ jurors.” There is to conduct a mock trial. The by Legal Ethics Committee
no prohibition on contacting trial court granted a modified member Luis E. Ventura of the
the rest of the community “as form of the government’s Law Office of Luis E. Ventura.
long as anyone so contacted request to preclude all contact No portion of this article is
is asked first whether they with potential jurors within intended to constitute legal
have been summoned for jury the Middle District of Florida. advice. Be sure to perform
service, and if the answer is It noted that unsupervised ex independent research and
yes, the contact is immediately parte contact with potential analysis.
terminated.” The limited case jurors presents a danger to
law addressing jury venire the administration of justice
and mock trials demonstrates and could adversely affect
ethics
Page 5
Member Benefit From
Trust
your transactions
to the only
merchant account
recommended by over
50
bar associations!
The Easiest Way
to Get Paid!
Attract Clients
Increase Business
Control Cash Flow
Reduce Collections
Lower Fees up to 25%
http://www.LindemannLegal.com
Home
About Us
Partners
Contact
LINDEMANN
LEGAL
Click to Pay
Pay Bill
The process is simple. Begin accepting payments today.
Call 866.376.0950 or visit affiniscape.com/sdcba
Affiniscape Merchant Solutions is a registered ISO/MSP of Harris, N.A., Chicago, IL
TM
866.376.0950
Credit Card Processing For Attorneys
Page 6
BAR REPORT
Judicial Reception
SDCBA members, law students
and members of the judiciary
enjoyed the San Diego County
Bar Association’s annual Judicial
Reception. The event recognized
Judges and Commissioners who
recently joined the San Diego judicial
community including Commissioner
James Atkins, Magistrate Judge
Hon. William Todd
William Gallo, Judge Kimberlee
Lagotta, Judge Margaret Mann,
Commissioner Corinne Miesfeld,
and Magistrate Judge Bernard
Skomal. The event also recognized
those who retired in the last year
including, Commissioner Sandra
Berry, Judge John Davidson, Judge
Michael Orfield, Magistrate Judge
June 30, 2010
Leo Papas, and Judge Timothy
Tower. The event also marked the
passing of Judge William Yale and
Judge Napoleon Jones, Jr. Presiding
Judge Kevin Enright, Chief Judge
Irma Gonzalez and Justice Judith
McConnell addressed attendees with
updates on their respective courts.
SDCBA President Patrick Hosey, Hon. James Atkins,
Onell Soto
Hon. Kevin Enright
Hon. Judith McConnell
San Diego County Bar Foundation:
Providing Access to Justice
The San Diego County Bar
Foundation is the charitable arm
of the San Diego County legal
community, and in partnership
with the San Diego County Bar
Association, strives to provide
access to justice by investing in
sustainable results and advocacy
for people and communities in our
region that are impacted by poverty,
abuse and discrimination.
By offering an effective means
for the legal community to engage
in law-related philanthropy, the San
Diego County Bar Foundation
strengthens the profession by
providing lawyers the opportunity to
contribute to the quality and benefit
of San Diego County. Based on
the belief that justice serves as the
great equalizer in our society, we
ensure access to justice by investing
in legal aid and public interest
organizations along with expertise,
leadership and advocacy. We serve
as a leader in our community and a
model bar foundation nationwide. We maintain the highest level of
commitment to the permanence of
the Bar Foundation and its work by
building law- related philanthropy.
The San Diego County Bar
Foundation is a not for profit
foundation established to improve
public awareness of the legal
system in San Diego County, the
administration of justice and the
delivery of legal services through the
distribution of its funds. Supported
by voluntary contributions from
the San Diego community, the Bar
Foundation supports, funds and
encourages the creation of public
service programs which promote
education, citizenship and the ideals
of justice. Organizations interesting
in applying for a Bar Foundation
grant should call executive director
Briana Wagner, (619) 231-7015.
Because all people deserve
justice, the San Diego County Bar
Foundation supports over 30 legal
aid and public interest organizations
including:
The Access Center of San Diego
Access, Inc.
American Civil Liberties Union
Foundation
Becky’s House
Casa Cornelia Law Center
Casa de Amparo
Catholic Charities
Center for Community
Solutions
Children at Risk
Children’s Advocacy Institute
Coming Home to Stay
The Community Resource
Center
The Crime Victims Fund
Elder Law and Advocacy
Hannah’s House
Home of Guiding Hands
Homeless Court
International Rescue Committee
Kids Included Together
Kids Turn San Diego
La Cuna, Inc.
Labor Training and Community
Development Alliance
Las Valientes
Legal Aid Society of San Diego
License to Freedom
Parkinson’s Association of San
Diego County
Peninsula Family YMCA
Saint Clare’s Home
San Diego Advocates for Social
Justice
San Diego Coastkeeper
San Diego Family Justice
Center
San Diego Justice Foundation or
the San Diego Superior Court
San Diego Teen Court, Inc.
San Diego Volunteer Lawyer
Program
Second Chance
Southwest Center for Asian
Pacific American Law
Voices for Children
Volunteers in Parole of San
Diego County
Women’s Resource Fair
YMCA of San Diego County
YWCA of San Diego County
Ad Mockup 6x4 BW 1
2/10/09 2:39:17 PM
®
GUIDE TO SDCBA MEMBER DISCOUNTS
ON PRODUCTS AND SERVICES
Your membership in the SDCBA allows you to take advantage of a myriad of discounts on products
and services. Our discount program applies to a variety of professional tools that can aid you in your
practice, as well as offering you discounts on products and services that you may be able to use
outside of work hours. This guide is a quick reference to the discounts provided as part of your SDCBA
membership in 2010. For more information, you may also visit www.sdcba.org/memberbenefits.
World-Class Service Since 1953
P rofessional I nsurance
Ahern Insurance Brokerage offers a full line of
coverage for your practice including professional liability, general
liability, property coverage, employee benefits such as medical,
life and retirement plans, and workers compensation insurance, at
a special discounted rate. Visit www.sdcba.org/ahern for additional
information.
S tructured S ettlements
Manuel Valdez and Manny Valdez
of Ringler Associates
Structured settlement experts Manuel and Manny Valdez of
Ringler Associates, the nation’s largest settlement annuity
company, are available to SDCBA members seeking high-level
counsel. For more information call 619.231.3334.
L itigation S upport
TERIS, a full service litigation support solution provider,
provides SDCBA members with a free workflow analysis and all
SDCBA members who use one of the TERIS services for the first
time will receive a 10% discount on their first order. Use special
source code SDCBATD.
C ourt R eporting
Hutchings Court Reporters offers SDCBA
members special reduced rates which reflect a minimum of
a 15% savings on both primary and incidental rates, Their
services include depositions, hearings, arbitrations, meetings,
trials, exams, and statements, and other legal services.
World-Class
Since 1953
C redit
C ard PService
rocessing
Law Firm Merchant Account has developed a
merchant account just for attorneys and law firms. Members
can save up to 25% off credit card processing fees by accepting
payment through Law Firm Merchant Account. Call 866-3760950 or visit www.affiniscape.com/SDCBA.
R eal E state
Grubb & Ellis is a full service commercial real estate firm,
that can assist you with services including leasing, acquisition,
and disposition of office and industrial properties. Contact Jeffrey
at 858-875-3610 or by email at [email protected].
L exis N exis
LexisNexis provides member benefit packages and
pricing for attorneys in solo and small law firms. LexisNexis®
Total Practice Solutions are unique offerings that are affordably
priced and help in the business and practice of law.
Visit www.lexisnexis.com/bars or, call 800-356-6548.
Use code 134314.
C ar I nsurance
SDCBA members and their spouses are eligible for special
discounts on GEICO’s full insurance offerings. For a rate
quote, call 1-800-368-2734 and mention that you are an SDCBA
member.
L aw F irm B randed P roducts
SDCBA members receive special pricing from Logo
Product Experts’ (LPE) extensive catalogue of gifts,
giveaways, promotional items and apparel that can be customized
with your company’s logo. Visit www.sdcba.lpecustomstores.com.
P arking D iscounts
Ace Parking Frequent Parking Card will save you money
on parking downtown at the Ace lot at the corner of Union and B
Street (near the downtown courthouse). Every sixth time you park
at the Ace lot on Union and B, you will receive free parking. Pick
up your Frequent Parking Card at the SDCBA Bar Center.
ABA B ooks
American Bar Association Books
SDCBA members receive a 15% discount on thousands of
books and periodicals available from the ABA. Visit www.
sdcba.org/ababooks.
W ebsite S ervices
Members can receive a free website consultation and ideas to
improve their web presence. Visit javelinweb.com/sdcba or call
(619) 235-6000.
T ravel D iscounts
Hertz - SDCBA members get special year-round discounts
on daily, weekly, weekend, and monthly rentals for business or
pleasure; traveling in the U.S. or worldwide. The SDCBA Hertz
CDP#1814648 is the key. Call 1-800-654-2210 or visit the
Hertz website at www.hertz.com when making your reservation.
Avis
- Get the best rental car rates available on SuperValue
Daily and Weekly rates through Avis. The Avis Worldwide
Discount (AWD) number for SDCBA members is U009600. Call
Avis directly at 1-800-331-1600 when making your reservation
and reference the AWD number.
Your membership gets you special discounts on admission to Sea World, Universal Studios Hollywood,
the San Diego Zoo and the San Diego Wild Animal Park. Call the Membership Department for more
information.
M ailing L ist R ental
®
Members may purchase access to the SDCBA membership list
for a one-time rental (approximately 8,000 lawyers) at reduced
rates. For information and a quote, call (619) 231-0781.
BAR REPORT June 30, 2010 Page 11
CALENDAR OF EVENTS
For more information on events and pricing please visit www.sdcba.org/calendar.
July 2010
Thursday, July 8
5:15 p.m. - 6:15 p.m.
SDCBA Bar Center
Tuesday, July 13
12:00 p.m. – 1:15 p.m.
CLE Credits: 1.0 GEN
SDCBA Bar Center
Thursday, July 15
5:30 p.m. – 7:45 p.m.
CLE Credit: 2.0 GEN
SDCBA Bar Center
Tuesday, July 20
12:00 p.m. – 1:15 p.m.
CLE Credit: 1.0 GEN
SDCBA Bar Center
Wednesday, July 21
12:00 p.m. - 1:15 p.m.
SDCBA Bar Center
Tuesday, July 27
12:00 p.m. – 1:15 p.m.
CLE Credit: 1.0 GEN
• Family Law
Specialization credit
SDCBA Bar Center
Wednesday, July 28
6:00 p.m. – 9:15 p.m.
CLE Credit: 3.0 GEN
SDCBA Bar Center
Section and Committee Meetings
All meetings held at SDCBA Bar Center unless otherwise noted.
How to Run for the Board Information Session
Monday, July 12
6:00 p.m. - 7:00 p.m.
Ethnic Relations & Diversity
Committee
Jury [De]selection:
Some Thoughts and a More Complete Approach
Presented by the General Civil Litigation Section
Tuesday, July 13
12:00 p.m. - 1:30 p.m.
Military Law Section
Wednesday, July 14
5:15 p.m. - 7:00 p.m.
Law Practice Management &
Marketing
Thursday, July 15
12:00 p.m. - 1:30 p.m.
Social Security Disability
Tuesday, July 20
5:30 p.m. - 7:00 p.m.
CFLS General Meeting
Thursday, July 22
5:30 p.m. - 7:00 p.m.
YNLD Networking Reception
at The Melting Pot
6:00 p.m. - 7:00 p.m.
Higgs, Fletcher & Mack
Entertainment & Sports Law
Section
Monday, July 26
12:00 p.m. - 1:30 p.m.
LRIS Committee
Tuesday, July 27
12:00 p.m. - 1:15 p.m.
Legal Ethics Committee
Wednesday, July 28
12:00 p.m. - 1:30 p.m.
Appellate Court Committee
Part II: Hanging Your Shingle –
Practical Advice for Opening Your Own Law Firm
Presented by the Young/New Lawyer Division
Liability Insurance: Five Costly Mistakes to Avoid
Presented by the Insurance/Bad Faith,
Business/Corporate and General Civil Litigation Sections
California Anti-Deficiency Statue Basics
Presented by the Real Property Section
New Ways for Families
Presented by the Family Law Section
Expand Your Practice: Learn How to Handle a Chapter
11 Bankruptcy Case
Presented by the Bankruptcy Law Section and the
State Bar of California
CLE Update, one of the SDCBA’s e-Communications, is your comprehensive overview of the month’s CLE
programming. CLE Update is distributed the first Wednesday of the month and is accessible online at
www.sdcba.org
Also, be sure to check the SDCBA’s weekly e-Communication, This Week at the Bar, for up-to-date event and
activities information and to register for all events. This Week at the Bar can be found online at www.sdcba.org.
CALL THE BAR CENTER AT 619-321-4119
FAX OPTION:
You may elect to receive This Week at the Bar and CLE Update via fax. Go to
“Fax Options” under “MySDCBA” to select this option.
CLASSIFIED ADVERTISING in the Bar Report is accepted in accordance with standards set by the editor and
subject to the availability of space. All advertising must be pre-paid and rates are $40 for SDCBA members and
$100 for non-members. Ads are limited to 75 words. Call the SDCBA Bar Center at (619) 321-4135 for a rate
sheet, insertion order and submission deadlines. Visit the Online Marketplace at www.sdcba.org/marketplace.
ATTORNEY SERVICES
POPE, BERGER & WILLIAMS - represents
employers and employees in Employment Law
and Wage/Hour Matters, including Class Actions for
employees who have not been paid minimum wage
or overtime under California and Federal Law. 619234-1222
RICHARD R. LEUTHOLD (SB # 52980)represents clients in professional malpractice
matters and actions involving tax practitioners and
CPA’s creating pension plans that are abusive tax
shelters. 858-792-7070
TAX PROBLEMS? - Tax Attorney Richard
Carpenter can help. 24 years experience. Certified
Tax Specialist. Adjunct Tax Law Professor. All civil
and criminal tax disputes. 619-696-8607. www.
IrsTaxDisputes.com
STEVEN M. RATNER, P.C. - Medi-Cal Planning
and Elder Law. Certified Specialist by the State Bar
of California Board of Legal Specialization in Estate
Planning, Trust & Probate Law.1-888-354-2946.
THOMAS D. RUTLEDGE, ESQ. - represents
landlords or tenants in eviction matters. He also
handles wrongful termination/sexual harassment
cases. [email protected] or 619-886-7224.
ESTATE LITIGATION - Achtel Law Firm, APC
represents beneficiaries, trustees, executors,
private fiduciaries and family members in estate
disputes and financial elder abuse claims. 858-3503124.
PERFECT SOLO OFFICE SPACE – Comfortable
& functional office space conveniently located
in Banker’s Hill. Ideal for a solo practitioner –
lease terms flexible. Parking and much more
included. Call (619) 233-0204.
OFFICE SPACE
MR. A’S BUILDING – 2550 FIFTH AVENUE.
Small AV-rated business law firm has office
for rent. 10th floor with outstanding views,
conference room, library and kitchen. Attorney
or accountant preferred. Overflow work and or
referrals likely. $850 per month. Call Mark or
Phil at 619-234-1551.
LAW OFFICES AVAILABLE IN BANKER’S HILL
VICTORIAN - 2366 Front Street - Rent includes
receptionist, attorney service, internet access and
e-mail. Call Kathleen at 619-239-0590.
BANKERS HILL/UPTOWN - Professional offices
available, single offices or office suite Conference
rooms, secured parking, janitorial, signage, all
included. Reasonable. Call Greg 619-239-7313
MISSON VALLEY OFFICE Corner Office. - 3530
Camino del Rio North. Available now. Rent
negotiable. Many amenities. For a Fax with
details call Jeanne at
619-281-3500.
DOWNTOWN AT BROADWAY/SECOND AVE:
Spacious attorney office available for term sublease;
includes use of conference room, copy room,
kitchen and separate area in file room; secretary/
paralegal office and 2 parking spaces in building
also available. Call Laurie at 619-232-9864.
OTHER BUSINESS RELATED
OPPORTUNITIES
LAW FIRM FOR SALE - $2 mil. established
Orange County law firm specializing in estate
planning, estate administration and related
trust/estate litigation. Experienced attorneys,
paralegals/legal assistants. Representing
individuals and fiduciaries. Strong referral base.
Call 800-837-5880.
Page 12
BAR REPORT
Preferred Member Benefit Provider
RISK MANAGEMENT
INSIGHTS
LAW SCHOOL BEAT
In this month’s Law School column, Bar Report asked one student from each of San Diego’s three law
schools the following question: What are your summer plans?
by W. Brian Ahern, RPLU
Social Media–
Are You Protected?
A
re you or others in your firm blogging or using LinkedIn,
Facebook, Twitter or other social media sites? Many law firms
are not aware that social networking poses considerable risks to
law firms. Among the most common pitfalls of online activity is the
potential to break confidentiality, inadvertently creating a clientattorney relationship and unintentionally practicing law. These, and
other risks, can make your firm vulnerable to a malpractice lawsuit.
“The bottom line is that members within a firm should not post
anything on a social media website regarding the firm’s work that they
would not be able and willing to post in a national newspaper,” says
Sandra McDonough, a partner with Paul Plevin Sullivan.
In the past professional liability polices have been silent on these types
of claims but recently several carriers have started to address cyber
related claims.
A simple way to monitor your firm’s exposure is to Google the firm
name and the names of your attorneys. You may discover that your
attorneys – and perhaps even staff - are answering law-related questions,
making representations about expertise, or exchanging testimonials
without regard for the rules that govern such activities. Given the
public, permanent nature of the Internet, these unregulated activities
create potential problems.
Firms that have attempted to ban all use of social media sites typically
fail because such a mandate is ignored. Educating your attorneys and
staff as to the risks will yield better results.
Developing a social media policy is an important step in protecting
your firm from liability. When developing a social media policy some
of the key points to consider include:
■ Draft your policy so it includes all members of the firm, attorneys
and staff alike.
■ Include language that specifically states the major risks of
irresponsible activities online.
■ Address the basic fiduciary obligations to your clients and to the firm.
■ State that the policy governs firm related, online activities and
define what constitutes firm related activities.
■ Reinforce the ethical responsibility to keep client information
private even if it is already in the public domain.
■ Forbid the uploading of client names and contact information to
social media sites and to use caution when befriending or otherwise
connecting with clients and professional contacts online.
■ Caution about giving legal advice online and provide disclaimer
language to be used if one does so.
■ Discourage dishonest behavior and misrepresentation such as
using an alias.
■ Designate one person at the firm as the go to person for more
information and clarification. Be sure this individual is approachable and has experience using social media sites.
■ Note that the firm will hold attorneys and staff responsible if their
activities are traced back to the firm and reserve the right to
discipline individuals for their behavior.
A 2008 survey found that nearly 50 percent of lawyers engage in social
media activities and given the growing popularity, that number is
undoubtedly now much larger. With proper prevention, you can limit
your firm’s risk in activities most likely being pursued by the majority
of your attorneys and staff.
W. Brian Ahern, RPLU, is President /CEO of Ahern Insurance Brokerage,
one of the largest independently owned insurance brokerage firms
specializing in the insurance needs of law firms. Ahern Insurance
Brokerage is the Endorsed Insurance Broker for the SDCBA.
June 30, 2010
Erin Benler
California Western
School of Law
Shelby Nicole Alberts
Thomas Jefferson
School of Law
Vivian Pham
University of San Diego
School of Law
Summer break. Just saying it
makes you think of sleeping in,
going to the beach and a joyful
lack of responsibility. Unless
you’re a law student. In that
case it conjures up thoughts of
volunteering, or taking classes,
or internships, or all three. Sure it
doesn’t sound nearly as fun, but
that doesn’t mean we can’t use
summer break to recharge our
mental and scholastic batteries.
In fact interning or volunteering
is a great way to do it. Not only
because you get experience in
the legal field (*ahem* resume
building) but also because it
gives us a chance to see how
all those seemingly intangible
rules actually apply in real life
situations. At my internship
the other day, an attorney and I
discussed the rights of a client
who had a life estate in her house.
Yes, I shuddered when I heard
“life estate” because I’d hoped
to never hear that term again
after Property. But knowing that
the material I learn truly does
matter in the real world really
helps to keep me motivated in
the classroom. It reminds me
that law school isn’t just a bunch
of stuff you have to learn even
though you’re never going to
need or use it. Those lectures
on the estate system weren’t for
nothing. Thank goodness!
Since I chose to study abroad and
travel all last summer, I decided
to really crack down this summer. The majority of my time is being
spent working as a Certified Legal
Intern at the San Diego County
District Attorney’s Office in the
Gang Prosecution Division. It’s
really exciting because I get a lot of
court time, and I am working on a
lot of interesting cases. Everyone
in the office is so helpful and
encouraging, so it has been an
incredibly positive experience. I am also doing IP research for a
professor at Thomas Jefferson and
taking Remedies at night. It’s a
lot more work than I would prefer
to be doing during a summer in
sunny San Diego, but it will allow
me to go part time for my last year
of school. I have tickets to a few
amazing concerts, and on top of
all that, I’m hoping to squeeze in
some time to work on my tan and
relax. I will definitely be making
time for a day at the San Diego
County Fair and Opening Day at
the Del Mar Racetrack!
As the San Diego County Bar
Association and Association of
Corporate Counsel Diversity
Fellow, I work as a legal intern
at Sony Electronics Inc. Every
day I witness the advantages of
an inclusive atmosphere, where
innovation and creativity continually
thrive. Sony allows me to gain
relevant, real-world experience
in a variety of fields, including
litigation and intellectual property,
but it also inspires me to take on
new challenges. Working at Sony
allowed me to see how different
backgrounds lead to more efficient
solutions and a stronger corporation. Outside of work one may easily find
me attempting (emphasis added) to
boogie-board at the beach or trying
to learn golf. I am also an aspiring
writer, writing short vignettes here
and there, but really, waiting for
that million-dollar idea (aren’t we
all?). Meanwhile, I await the birth
of my nephew, the first grandchild
for the family. I cannot wait to be
an aunt, but for now, I will stick
to cheering for the Lakers and the
U.S. soccer team.
If you are currently attending law school and would like to contribute to Law School
Beat, please send your full name, law school name, and contact information to
[email protected].
BAR REPORT June 30, 2010 Board Update
The SDCBA’s June Board
of Directors meeting was held
on June 11. Robert Blanchard,
Chair of the SDCBA’s Business
and Corporate Law Section,
made a presentation regarding
the Section’s activities and plans
for the remainder of the year. The Board of Directors approved
an opinion (opinion number
2010-1) written by the Legal
Ethics Committee regarding jury
venire. The Board also approved
the Legal Ethics Committee’s
position to support Proposed
State Bar Formal Opinion Interim
number 6-0004 and Proposed
Formal Opinion Interim number
08-0001. New Workers Compensation
section co-chairs Marguerite
Jonak and Teresa Dietz were
approved by the Board. Secretary
Marcella McLaughlin presented a
proposed bylaws revision to amend
the conditions of eligibility for
the Board’s regional seats. The
bylaws revision, as approved
by the Board of Directors, now
allows for a member to run for
one of the Board’s regional seats
if their primary office is in the
region or if they have served
as the President of the region’s
bar association within the past
two years.
Separately, Director Jon
Williams was elected to serve
as Treasurer in 2011, and Director
Margo Lewis was elected to serve
as Secretary in 2011. President
Patrick Hosey, Executive Director
Ellen Miller, and Treasurer Duane
Horning all presented reports
to the Board. Membership
Committee Co-Chair Marcella
McLaughlin and LRIS liaison
Tim Richardson also presented
reports to the Board before the
meeting concluded.
SDCBA President,
Patrick L. Hosey
The SDCBA Client Relations Committee helps
clients and local attorneys
By: Frederick M. Dudek, Client Relations Committee Chair
The SDCBA’s Client Relations
Committee is one of only three
client relations programs in the
state. Recently, the State Bar
requested input from the San
Diego, Orange and Contra Costa
bar associations, in an effort to
extend this valuable program
throughout California. The
purpose of this article is to explain
the Client Relations program and
the benefits to local attorneys
and their clients.
Attorney benefits
The primary direct benefit
to San Diego attorneys is the
committee’s success in resolving
disputes at the local level and
preventing formal complaints
to the State Bar. The success
rate is normally over 80%. In
2009 the Committee resolved
138 of 164 client complaints. (No State Bar complaint is better
than a formal complaint, even if
the attorney is not disciplined.) An indirect benefit is reducing
the workload of the State Bar’s
discipline system. According to
the California State Bar annual
report, 80% of their annual
budget (and our dues) are spent
directly on discipline and related
regulatory functions. Handling
client complaints at the local
level also allows the State Bar
to focus on the small percentage
of serious matters. It benefits all
ethical attorneys when the State
Bar protects clients against the
small number of unethical ones.
Client benefits
The primary benefit to clients
is prompt attention and normally
a fast resolution. The Client
Relations program allows clients
to initiate the process with a simple
form. They usually receive a
phone call or letter from one of our
attorney volunteers within days. Since many of the complaints
involve a communication problem,
this prompt reaction to their
complaint helps the client feel
that our profession cares about
them. In many cases, the client
is satisfied when their attorney
addresses their questions, explains
the reasons for delay, returns their
file, etc. The Committee also
assists clients whose attorney
of record is unable to continue
representation due to death, injury,
incapacity or other reasons.
How the program works
Normally, the client contacts the
SDCBA via telephone or the web
site and is referred to the Client
Relations Committee. SDCBA
staff provides a simple form and
obtains the client’s permission
to share the information with
their attorney. The complaint is
reviewed by the Client Relations
Committee Chair to determine if it
is within the scope of the program. The Committee does not provide
legal advice on the underlying
matter, handle fee disputes,
address malpractice questions
or recommend attorneys. The
SDCBA may refer these issues
to its Fee Arbitration Committee
or the Lawyer Referral and
Information Service.
If the complaint is within the
scope of the Client Relations
Committee, it is assigned to one
of the 24 attorneys who volunteer
their time to make this program a
success. The volunteer Committee
attorney forwards a copy of the
complaint to the client’s current
attorney and normally contacts
both parties to discuss a solution. Common complaints include
unreturned phone calls, delays
in the case and a client’s request
for their file. Normally, our local
attorneys respond quickly to
the Committee’s inquiries and
the issues are resolved. If the
current attorney does not respond
or refuses to cooperate, the
volunteer Committee attorney
may inform the client how to
file a formal complaint with the
State Bar, which has the power to
force compliance and or impose
discipline.
Additional information
If you are interested in helping
the Client Relations Committee
accomplish its mission or would
like more information about the
program, please contact Michelle
Chavez at [email protected]. All practice areas are welcome. If you have experience in Family
Law or Workers Compensation, we
would appreciate your knowledge
in these specialties. You are also
welcome to attend the next meeting
of the Client Relations Committee,
scheduled for Thursday, August
19, 2010 at noon. The SDCBA
provides detailed instructions
for volunteer attorneys and a
free lunch! This meeting allows
our volunteers to discuss their
experiences and ideas to improve
the program. We also expect to
discuss a future MCLE program on
“best practices” for solo practices
and small firms to insure ongoing
client representation in the event
of death, injury, or incapacity of
an attorney.
Page 13
aw
ng
mas
ed
alf
oin
00
go
nie
ool
ent
ny
y’s
ris
der
o’s
as
of
ost
ive
mm
mm
L).
wn
in
has
m’s
92. ool
he
his
ho
of
n
Page 14
Page 13
BAR REPORT
June 30, 2010
SDCBA NAMES in the NEWS
Mediator and Arbitrator
“Attorney Gary Laturno is a superior mediator insightful, patient and determined to obtain
favorable outcomes. Parties and counsel
appreciate his efforts.”
AAA Arbitrator & Mediator
(619) 239 - 3051 • [email protected]
D iversity P leDge
The SDCBA would like to announce our new
Diversity Pledge Signatory:
The San Diego County Bar Association
unn its newest
e Antis
wouldutz
like to welcome
members:
b
d
&d s
The SDCBA’s new “NAMES in the NEWS” feature highlights the honors, awards, appointments and passings
in our community. Information regarding awards or honors of a community or civic nature should be
submitted via email to SDCBA at [email protected].
In Memoriam – Judge William Yale
Retired Superior Court Judge
litigation including real estate and
William Alton Yale passed away
development financing. peacefully at home on May 19, 2010, Retiring from the bench in 1981,
in Anza, CA. Judge Yale served as
Judge Yale joined Luce, Forward,
President of the San Diego County
Hamilton & Scripps as a consultant
Bar Association in 1969 and during and the first private mediator in
his tenure with the Association was San Diego County. He served the
instrumental in the purchase of the
legal community as a private judge
NW corner at Front and Union as
handling disputes as a mediator and
a future Bar building site. Judge
arbitrator. Judge Yale was one of
Yale earned a law degree in only
San Diego’s most popular and highly
23 months from Calif. Western
respected judges during his 11 years
University Law School (Balboa). He on the bench, which included serving
was admitted to the California Bar in as presiding judge from 1979-1980.
1950 and for the next 20 years was
He also served as SDCBA President
a partner in the Yale & Wilson law
in 1969.
firm specializing in complex civil
We would also like to acknowledge the continuing
support of our Diversity Pledge Signatories:
Allen MAtkins leck GAMble MAllory & nAtsis llP
AMericAn ArbitrAtion AssociAtion
rieGer
Brian Adkinsbest best & kChristopher
Mandarano
cAsey Gerry schenk FrAncAvillA blAtt & PenField llP
Tishna Asim cozen o'connor Jeffrey Mann
dlA PiPer
FAGen FriedMAn & FulFrost
llPMiesfeld
Donald Beury
Bart
Foley & lArdner llP
GAston
APlc
Arthur Botham,
Jr. And GAston
Geronimo
Perez, Jr.
hiGGs Fletcher & MAck llP
Brian Brandt Jones dAy Hayley Peterson
kirby noonAn lAnce & hoGe llP
Pamela Chalk klinedinst Pc Michael Quade
lAthAM & WAtkins llP
Pc
littler Mendelson Tara
Siddharth Chhokar
Quaglione
lori r. Mendez, P.l.c.
l
uce
,
F
orWArd
,
h
AMilton
&
s
criPPs
llP Reed
George Connors,
III
Nikolaus
MAldonAdo & MArkhAM, LLP
MckennA, lonG & AAlejandra
ldridGe llP
Doyna Dardon
Rodriguez
Morrison Foerster llP
P
Aul hAstinGs, JAnoFsky & WAlker llP
Ehud Gersten
John Ross, III
Pettit kohn inGrAssiA & lutz Pc
Pillsbury
WinthroP shAW P
ittMAn llP
Douglas
Geyman
Jana
Rubenstein
ProcoPio, cory, hArGreAves & sAvitch llP
rJs
l
AW
Stephen
Gorey
Sennan Salmu
sAndler, lAsry, lAube, byer & vAldez llP
seMPrA enerGy
James Green
Nagmeh Shariatmadar
seltzer cAPlAn McMAhon vitek
s
hePPArd Mullin richter & hAMPton llP
AudreysoloMon
Grossman
Tisha Simpson
WArd seidenWurM & sMith, llP
sony electronics, incRobert
.
Charles Hawkey
Stack
stutz ArtiAno shinoFF & holz
t
hoMAs JeFFerson school oF lAW
Franklin Hobbs,
III
Sarah Veleker
troutMAn sAnders llP
tyson & Mendes llP
Gregory Jackson
Connie Viado
Wilson turner kosMo llP
Thomas Kirby
Kenneth Kleinkopf
Valerie Larson
Michelle Wasserman
Stepheney Windsor
Caron Woodward
Thank you to our 2010
Diversity Fellowship Program Employers:
AndreWs lAGAsse brAnch & bell
cArlton disAnte & FreudenberGer
cricket coMMunicAtions
Ferris & britton
Foley & lArdner
the GoMez lAW FirM
ProcoPio, cory, hArGreAves & sAvitch
QuAlcoMM
seMPrA enerGy – l.A.
seMPrA enerGy – s.d.
sony electronics inc.
Fisher & Phillips Adds San Diego Partner
David B. Monks has joined the labor and employment law firm Fisher &
Phillips as a partner in its San Diego office. Monks. Monks is a past president
of the San Diego Society for Human Resource Management and a member of
the National Society for Human Resource Management.
Mitchell Brook Joins MIT Enterprise Forum Board
Mitchell Brook has become a member
of the Board of Directors for the MIT
Enterprise Forum. The MIT Enterprise
Forum is a non-profit organization
dedicated to promoting and strengthening
technology-oriented startups, allowing
them to grow and prosper. Brook has
more than 24 years of experience
counseling both emerging and established
companies on intellectual property
issues, technology development and
establishment, and branding. He has
assisted growing tech companies from
the start-up stage through to becoming
major, multi-national corporations.
Brook is a Partner at Luce Forward.
Robin Phillips Receives Wiley W. Manuel and Outstanding Service Awards
Robin Phillips recently received
the California State Bar’s Wiley W.
Manuel Award and the Legal Aid
Society of San Diego’s Outstanding
Service Award for his contribution of
legal services to the Pro Bono program
in 2009-2010.
Phillips received the award for his
work involving an indigent couple
who were terminated by their employer
without being paid for services rendered. Phillips successfully settled the case for
the full amount owed to the couple. In
this case alone, Phillips invested over
200 hours of pro bono work.
The Wiley W. Manuel Award was
established in 1989 by the State Bar
of California to honor the memory of
the late Justice Manuel, who served as
a California Supreme Court Associate
Justice from 1977-1981. Justice Manuel’s
legal career and his personal life were
marked by a dedication to hard work,
public service and the concept of equal
justice for all segments of society.
Phillips is an attorney with Procopio.
BAR REPORT June 30, 2010 Court Watch
Presiding Judge Kevin A. Enright Appointed New Chair of Presiding
Judges Group to Judicial Council
Presiding Judge Kevin A.
Enright Appointed New Chair
of Presiding Judges Group to
Judicial Council Chief Justice Ronald M.
George appointed Presiding
Judge Kevin A. Enright of the
Superior Court of San Diego
County chair of the Judicial
Council’s Trial Court Presiding
Judges Advisory Committee,
effective September 15, 2010.
When his one-year term
begins, Presiding Judge Enright
will become an advisory
member of the Judicial Council,
succeeding Presiding Judge
Mary Ann O’Malley of the
Superior Court of Contra
Costa County.
Chaired by Chief Justice
George, the Judicial Council is
the administrative policymaking
agency for the state courts,
comprising 14 judicial members
appointed by the Chief Justice,
4 attorney members appointed
by the State Bar Board of
Governors, 1 member from
each house of the Legislature,
and 11 advisory members.
Administrative Director of
the Courts William C. Vickrey
serves as secretary to the
council.
Presiding Judge Enright
has served as a trial court
judge for 15 years. He was
appointed to the San Diego
Municipal Court in 1995 and
was elevated to the superior
court two years later. He served
as assistant presiding judge,
2008–2009. Presiding Judge
Enright chairs the San Diego
Superior Court’s Executive
Committee. Prior to joining
the court, he was in private
law practice in San Diego,
1985–1995, and a deputy
district attorney in Mendocino
County, 1979–1984.
Presiding Judge Enright
is a member of the Judicial
Council’s Trial Court Budget
Working Group and, until
September of 2010, will
serve as vice chair of the
Trial Court Presiding Judges
Advisory Committee. He
has served on the Civil Law
Education Committee of the
Administrative Office of the
Courts, Education Division/
Center for Judicial Education
and Research, 2005–2008. He
is president of the American
Inns of Court, William B.
Enright Chapter, and is a
former board member of the
California Defense Counsel
and the Association of Southern
California Defense Counsel. He
is a member of the California
Judges Association (CJA)
and was a member of CJA’s
Judicial Ethics Committee,
2005–2008.
Page 15
The San Diego County Bar Association acknowledges the
outstanding commitment of our sustaining members for 2010 and
their generous support of the Bar’s worthwhile activities.
PATRONS
Marc Adelman
John Davies
William Dougherty
James Frantz
Louis Goebel
Stephen Hogan
Rhonda Holmes
A. Jason Kerckhoff
Harold McNeil
Gerald Mulder
William Nelson
Paul Neuharth Jr.
David Norris
J. Michael Reed
Thomas Warwick Jr.
BENEFACTORS
Doc Anthony Anderson III
Jedd Bogage
Vatche Chorbajian
Alvin Gomez
Duane Horning
John Sorensen
Andrew Wilensky
FRIENDS
Charles Adair
Edward Brennan
Scott Carr
Carrie Downey
David Dugan
C. Hugh Friedman
William George
Kenneth Greenfield
Garrison (Bud) Klueck
Antonio Maldonado
Kristi Pfister
Susan Ragsdale
Stuart Swett
Victor Torres
End of Statewide Court Closures
The June 16th Superior Court
closure marked the end of the
statewide court closures. The
Court will now be open to the
public on the third Wednesday
of the month in July and August
as court officials assess the
current court budget projections.
In 2009, the California
Judicial Council approved
the unprecedented one-daya-month closures for all state
courts to address the ongoing
statewide financial crisis and
the Legislature’s reduced state
funding to the courts. In San
Diego, the closures included
a one-day-a-month furlough
of court staff, which resulted
in a savings for the struggling
court budget.
The statewide court closures
were authorized by Government
Code section 68106, which
expires at the end of June.
Government Code 68106 ruled
the court closure days would
not count as official court days
for purposes of calculating
statutory or filing deadlines.
“We understand the impact
these closure days had on the
public, especially those who
appeared at our traffic court
to address citations. We are
pleased we will be able to
keep the doors open to the
public but ask for patience as
we continue to try to provide
quality customer services with
reduced staffing and increasing
lines,” said Michael Roddy,
San Diego Superior Court
Executive Officer.
The expiration of the statute
for closing the courts does not
necessarily translate into a
cessation of court staff furloughs.
“We will be reviewing what
funds the court will be receiving
this year from the state budget
and, if needed, court staff may
have to continue with furloughs.
However, those furloughs will
not result in a public closure of
the court at this time,” added
Roddy.
Language Restored to Local Rules
In United State District
Court Southern District of
California General Order
No. 584 filed June 4, 2010,
the Clerk was directed to
add language to the Local
Rules, which was deleted by
clerical error in the reprinting
of the Local Rules effective
December 1, 2009. The order
The San Diego County Bar Association
would like to welcome its newest members:
John Adkins
James Baehr
Amanda Branca
Grace Chung
Rebecca Church
Ashley Clark
Peter Clarke
Patricia DeSantis
Seth Harris
Deborah Hartsough
Jenny Hill
Bryce Hunter
Jeff Koller
David Kowalski
F. Linton
Alan Man
Crystal Mank
Elyce Morris
Laura Nava
Dimitri Panagopoulos
Marina Slavin
Meghan Taylor
Sherry Tehrani
Bill Tubis
William Vongdeuane
Derek Wilson
Annalisa Zulueta
and restored language can be
viewed on the Court’s website
at www.casd.uscourts.gov. ®
Page 16
BAR REPORT
SDCBA Member Profile
Bar Report’s “Member Profile” highlights an SDCBA member each month to provide insight
into our colleagues and peers. In this issue we meet attorney Stephanie Pfaff.
Stephanie Pfaff
The Corky McMillin Companies
University of California San
Diego, BA
University of San Diego, JD
Areas of practice:
In House - focus on Corporate/
Tax/Real Estate
Proudest career
moment:
Passing the Bar Exam
Family:
Unmarried
Birthplace:
Santa Ana, CA
Current area of
residence:
San Diego, CA
fun, relaxed environment. The
SDCBA’s various Sections and
Committees along with other
various local membership
YNLD Networking
associations will be on hand
Reception at Melting Pot
to give students insight into
All active YNLD members
various practice areas and
are invited to a YNLD member
specialty bar associations. Any
Networking Event on Thursday,
SDCBA Section or Committee
July 22, 2010 from 5:30 p.m.
Chair or leaders of the various
to 7:30 p.m. at the Melting Pot
bar associations interested in
Gaslamp. The Melting Pot
participating and hosting a
is located at 901 5th Avenue,
table at the event should contact
downtown San Diego. Light
Alison Phillips, SDCBA Special
cheese fondue appetizers
Events and Communications
will be provided and enjoy
M a n a g e r, a t a p h i l l i p s @
$5 drink specials during the
sdcba.org. Event registration
event. Please RSVP online at
will be available soon at
www.sdcba.org/ynldmeltingpot.
www.sdcba.org/lswelcome.
Wrap - Up
June 30, 2010
“If I weren’t an
attorney, I’d be...
a veterinarian.”
Favorite Web site:
wsj.com and google.com
Favorite food:
Anything spicy.
“The best thing about
being an attorney is...
being challenged
everyday.”
Hobbies: Going to
Padres games, wine
tasting and collecting,
bike riding, volunteering,
and discovering San
Diego.
What efforts are you
making to make your
practice “greener?”
Electronic files whenever
possible.
“My last vacation was…
My last vacation was a
girls’ weekend in Boston.
My friend and I are huge
baseball fans and had an
opportunity to catch two
Red Sox games while we
were in town. I’m also
a big history nerd, so
walking the Freedom Trail
was more exciting than
singing ‘Sweet Caroline’
at the top of my lungs. It
was a perfect weekend
getaway.”
Favorite book:
No favorite. Currently
reading two books: The
Fermata and Rise to
Rebellion.
How have you (or your
practice) benefited
from your membership
in the SDCBA?
Great networking
opportunities.
Favorite musical artist
and/or group:
I love Texas country. It is
a nice balance between
country and rock.
meeting will be available later
in the summer on the Bar’s
website at www.calbar.ca.gov.
YNLD Day at the Races
The Young/New Lawyer
Division’s signature summer
event ‘Day at the Races’ on
August 27 is a guaranteed
winner. All SDCBA members
and friends are invited to spend
an afternoon “Where the Surf
Meets the Turf” at the Del
Mar Thoroughbred Club and
enjoy playing the ponies and
socializing with your SDCBA
colleagues and friends. A limited number of tickets are
available for YNLD Day at the
Races, with reserved seating in
Save the Date: Law
State Bar Annual Meeting
the Penthouse Il Palio trackside
Student Welcome
restaurant. Ticket prices are $20
set for Sept. 23-26 in
Reception & Section
for YNLD Members, $25 for
Monterey
and Committee Fair The California State Bar will SDCBA members and $30 for
September 30
hold its 83rd Annual Meeting nonmembers. Event guests will
The San Diego County Bar
in Monterey this year. Active also receive admission to the
Association will host a Law
attorneys whose last names begin Turf Club with ticket purchase. Student Welcome Reception
with N-Z face a Feb. 1, 2011, The Turf Club dress code will
& Section and Committee Fair
MCLE compliance deadline be enforced, so please check
on September 30, from 5:30 to
and can obtain most of the the SDCBA event registration
7:30 p.m. at the Bar Center. necessary credits at the meeting. page to review their standards
This event is an excellent
Courses will include credit in if you plan to enter the Turf
opportunity for students to
all of the subfields as well as Club. The first post will be at
network with attorneys and
legal specialization. Focused 3:30 p.m. To reserve your spot
judges of the San Diego legal
educational tracks will help at YNLD Day at the Races visit
community and explore the
lawyers meet their requirements. www.sdcba.org/
benefits of the SDCBA in a
Online registration for the ynlddayattheraces.
Would you
like to expand
your client
list?
Join the largest network of attorneys
in San Diego County!
If interested, contact Michelle Chavez, LRIS Director
at (619) 321-4150 or [email protected]
Certified by the State Bar of California, Cert #0043