- Contra Costa County Bar Association

Transcription

Contra Costa LAWYER
Volume 26, Number 3 | May 2013
The Future of Law Practice
“BYOCR”
(Bring Your Own Court Reporter)
Self-Study MCLE: Ethical Guidelines
for Practicing in a Virtual Law Office
The Future of Law in Admissions
to the California State Bar
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
1
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MAY 2013
Contra Costa 2013 BOARD OF DIRECTORS
Jay Chafetz President
Stephen Steinberg President-Elect
Candice Stoddard Secretary
Nick Casper Treasurer
Audrey Gee Ex Officio
Richard Alexander
Philip Andersen
Dean Barbieri
Amanda Bevins
Oliver Bray
Denae Hildebrand Budde
Mary Carey
Alison Chandler
Elva Harding
Peter Hass
Reneé Livingston
James Wu
LAWYER
Volume 26 Number 3 | May 2013
The official publication of the
B A R A S S O C I A T I O N
FEATURES
THE FUTURE OF LAW IN ADMISSIONS
TO THE CALIFORNIA STATE BAR
8
IT’S ALWAYS DARKEST BEFORE DAWN
10
“BYOCR” (BRING YOUR OWN
COURT REPORTER)
12
GROWING TRENDS IN TODAY’S
LEGAL WORLD
14
TOMORROW’S LAWYER
24
SELF-STUDY MCLE: ETHICAL GUIDELINES
FOR PRACTICING IN A VIRTUAL LAW OFFICE
26
by Richard Frankel
CCCBA EXECUTIVE DIRECTOR
Lisa Reep | 925.288.2555 | [email protected]
CCCBA main office 925.686.6900 | www.cccba.org
by Nick Casper
Jennifer Comages Theresa Hurley
Membership Coordinator Associate Executive Director
Emily Day Barbara Arsedo
Systems Administrator and LRIS Coordinator
Fee Arbitration Coordinator
Dawnell Blaylock
by Hon. David B. Flinn
Communications
Coordinator
CONTRA COSTA LAWYER
by Pete Tormey / Felix Antero
CO-EDITORS EDITORIAL BOARD
Harvey Sohnen Mark Ericsson
925.258.9300 925.930.6000
by Mark Ericsson
Nicole Mills Matthew Guichard
925.351.3171 925.459.8440
Harding
BOARD LIAISON Elva
925.215.4577
Candice Stoddard
925.942.5100 Patricia Kelly
925.258.9300
COURT LIAISON Craig Nevin
Kiri Torre 925.930.6016
925.957.5607
David Pearson
PRINTING 925.287.0051
Steven’s Printing Stephen Steinberg
925.681.1774 925.385.0644
PHOTOGRAPHER Marlene Weinstein
Moya Fotografx 925.942.5100
510.847.8523 James Wu
925.658.0300
The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a
year - 6 times online-only - by the Contra Costa County Bar Association
(CCCBA), 2300 Clayton Road, Suite 520, Concord, CA 94520. Annual
subscription of $25 is included in the membership dues. Periodical
postage paid at Concord, CA. POSTMASTER: send address change
to the Contra Costa Lawyer, 2300 Clayton Road, Suite 520, Concord,
CA 94520. The Lawyer welcomes and encourages articles and letters
from readers. Please send them to [email protected].
The CCCBA reserves the right to edit articles and letters sent in
for publication. All editorial material, including editorial comment,
appearing herein represents the views of the respective authors and
does not necessarily carry the endorsement of the CCCBA or the
Board of Directors. Likewise, the publication of any advertisement
is not to be construed as an endorsement of the product or service
offered unless it is specifically stated in the ad that there is such
approval or endorsement.
by Sarah Banola
DEPARTMENTS
6
INSIDE | by Elva Harding
7
PRESIDENT’S MESSAGE | by Jay Chafetz
20 CENTER | Solo Section Breakfast
Barristers/Young Lawyers Section BRIDGING THE GAP
Women’s Section Annual Wine Tasting Event, Honoring Judge Cram
30
ETHICS CORNER | by Carol Langford
32
INNS OF COURT | by Matthew Talbot
34 COFFEE TALK
How have the court budget cuts affected you?
35 CALENDAR
38 CLASSIFIEDS
5
inside
Revolutionizing Law
W
elcome to the brave new world of providing legal services. In case there is any
doubt out there, let me assure you, the way
legal services are purchased, how they are
delivered, who provides them and how they are priced
is undergoing a revolution. In large part, these changes
are being driven by the same forces that built Silicon
Valley—technological change, innovation and American entrepreneurship.
of law school. The State Bar has taken note of this development, and is considering adding a new practical skills
training requirement before licensing new members.
Dick Frankel fills us in on the task force’s recommendations (pg. 8). Additionally, Pete Tormey, a recent JFK
Law School graduate, and Felix Antero look at strategies
for building a competitive modern practice in “Growing
Trends in Today’s Legal World” (pg. 14).
Finally, with the decline of traditional law firms,
These changes are not just a passing fad. Consider the
more attorneys are working solo or as part of virtual law
Reinvent Law Laboratory (www.reinventlaw.com),
firms. Sarah Banola considers the ethical implications of
a project of Michigan State University College of Law
virtual law practice (pg. 26).
which is funded with a substantial grant from the EwAs you read this issue, I hope you will keep in mind
ing Marion Kauffman Foundation, and is dedicated to
that the Bar Association is a resource to help you naviadvancing entrepreneurship and innovation. Reinvent
gate these changes. Again this year, we
Law recently held a day-long conference
are presenting our popular Law Practice
in our own Silicon Valley (also London and
Management Series, which got underDubai). Lawyers, leaders of online virtual
way in April with practical advice on
law firms (such as Axiom Law and Directhow to develop a business plan and get
Law), journalists, venture capitalists and
to work on business development. At this
law professors presented their visions for
month’s LPMS seminar, Randy Wilson
a more efficient, online, technologically
will discuss the ethical issues related to
sophisticated law industry that is funded
lawyers’ use of social media. Other prowith private investment. An industry
grams will include practical steps to eswhere the billable hour is extinct, freelanctablishing a modern law practice, issues
ers replace associates and access to justice
and best policies around use of mobile
is discussed in terms of online dispute resodevices by your law practice employees,
lution. This is not your grandfather’s law
transitioning practices for part-time or
practice. Mark Ericsson explores our changretiring lawyers and what you need to
ing industry, both here and abroad, in his
know about the Affordable Health Care
Elva Harding
article, “Tomorrow’s Lawyer” (pg. 24).
Act. For more information, call the Bar
Guest Editor
In this issue of the Contra Costa Lawyer,
Association or check online at www.
we take a look at how the practice of law
cccba.org.
is advancing here in Contra Costa County. Access to jusAs Mark Ericsson said in our March issue, these are
tice is a primary concern of the Contra Costa bench and
certainly exciting times, and perhaps a bit uncomfortbar. The severe budget cuts that our courts have suffered
able as the new normal takes hold. But with exciting
have hit close to home. We have all heard the stories
times comes energy, innovation and most importantly,
of the rising number of pro per litigants, the long waits
opportunity. Our challenge is to harness the energy and
to file documents, the long delays for trial dates. In his
capture the best of these new ideas to build a better,
article, “It’s Always Darkest Before Dawn” (pg. 10), Nick
stronger legal system that can well serve our citizens. s
Casper brings light to the impact of budget cuts on our
courts and discusses CCCBA’s efforts to reach our state
Elva D. Harding is a real estate and business attorney
legislators to advocate for more funding. One of the
and founder of Harding Legal, dedicated to providresults of the budget cuts is that court reporters are no
ing efficient and effective legal service to individuals
longer provided in civil, family and probate courts. Our
and small, mid-sized and family-owned businesses.
thanks to Judge Flinn for explaining the rules by which
Elva serves on the Bar Association’s Board of Directors
litigants may provide their own court reporters (pg. 12).
and is Chair of the Law Practice Management Series
As first-year associate positions become scarce, more
task force. Contact Elva Harding at (925) 215-4577 or
young attorneys are hanging their shingle straight out
www.edhlegal.com.
6
MAY 2013
president’s message
T
he theme of this month’s
edition of the Contra Costa
Lawyer—the future of law
practice—has me reflecting
about some potential changes in
the practice of law and the nature of
change itself.
Some people crave change. Others, like me, work more on a model of
“if it ain’t broke, don’t fix it.” Change
that we choose can be exhilarating.
It can stimulate our imaginations
with the promise of a better life.
Change that is foisted upon us is another matter. The latter may instill
resentment, discomfort, even fear.
We can often anticipate the chang-
to balance them with other aspects
of the required curriculum.
For as long as I’ve known, the
model we followed was that law
firms trained new lawyers. Perhaps
they are no longer willing to do so.
Or perhaps there has been such a
contraction in the job market that
they no longer can, and too many
people graduating from law school
are forced to start their own practice, servicing whatever clients they
can find without as much practical
knowledge of how to do so as would
be optimal. Whatever the reason, I
am told that the requirement for
law students to obtain practical ex-
The Changing
Times
es that the future will bring. Exactly
how we will deal with them is less
certain. But experience teaches us
that deal with them we will.
I am told that there are some
changes on the horizon regarding
the practice of law. I wonder how
they will affect us.
The first is that one day soon a requirement for admission to the bar
or engaging in practice may be a certain amount of practical experience
(see Richard Frankel’s article, pg. 8).
This prerequisite may be required
to be fulfilled by participation in
clinics or specialized classes in law
school about the actual practice of
law. It may instead take the form
of required internships after graduation from law school. I know that
one law school in our community,
John F. Kennedy University School
of Law, is currently debating how
to prepare for this coming requirement, what clinics to offer and how
perience before they are admitted to
the bar or engage in the practice of
law is coming.
A second possible change is what
is being called Limited Practice Licensing. This proposal concerns the
possibility of creating a new category of licensed technicians able
to give basic legal advice on routine
matters. As I write this, the State Bar
is scheduled to hold its first public meeting on April 11 to discuss
this idea. I will quote here from an
email that I recently received concerning the idea:
“The idea of limited-practice licensing surfaced at a State Bar retreat in San Diego in January where
the Board of Trustees looked at
ways of improving public protection, access to justice and the State
Bar’s regulatory functions. Proponents of limited–practice licensing
see it as a way to improve delivery
of legal services to the public, who
Jay Chafetz
CCCBA Board President
often turn to non-lawyers for assistance when they can’t afford the
services of licensed attorneys. Such
a program, supporters argue, would
make legal services more affordable,
while ensuring consistency and
quality. California currently allows
non-lawyers to perform some tasks
that don’t constitute the practice of
law, such as helping people fill out
legal forms. Paralegals working under attorney supervision, unlawful
detainer assistants, legal document
assistants and immigration consultants registered by county clerks or
the California Secretary of State can
also assist consumers with some legal needs, short of practicing law.
Each year, the State Bar receives
hundreds of complaints about businesses and individuals practicing
law without a license, but it is limited in the action it can take because
it does not regulate non-attorneys.”
Are either of these proposed
changes going to be dramatic for
current or future lawyers? Are they
to be feared or welcomed? There is
no way to know. The only thing
certain in our lives is change, not
whether any particular change will
ultimately prove to be good or bad.s
7
The Future of Law in Admissions
to the California State Bar
by Richard A. Frankel
T
he Board of Trustees of
the State Bar of California
charged the Task Force on
Admissions
Regulation
Reform with examining whether
the State Bar of California should
develop a regulatory requirement
for a pre-admission practical skills
training program and, if so, proposing such a program for submission
to the Supreme Court.
Most American law schools today
follow the traditional Langdellian
model of legal education, emphasizing doctrinal study as the basis for
teaching students the art of “thinking like a lawyer.” Over the course
of more than a century since this
model of legal education took root
around the country, law schools
have gradually incorporated clinical experience and practical skills
training into their core curriculum.
The importance of providing
new lawyers with opportunities
to develop practical skills has been
driven, in large part, by the rapidly
changing landscape of the legal profession. Due to the economic climate and client demands for
trained and sophisticated practitioners fresh out of law school,
fewer and fewer opportunities are
available for new lawyers to gain
structured practical skills training
early in their careers. Many new
lawyers, in fact, are now entering
the profession as solo practitioners,
8
MAY 2013
without the solid practical skills
foundation necessary to represent
clients in a competent manner and
with nowhere to turn to build that
foundation.
From the standpoint of regulatory policy, this situation presents
serious issues of public protection
that cannot be ignored. The record
that we have compiled and examined confirms the importance and
urgency of a thoughtful policy response.
Following a series of hearings
during which the Task Force took
testimony from many practitioners,
legal academics, judges, clients, and
members of the public at large, and
based on a thorough review by the
Task Force of the literature on the
topic of practical skills training for
new lawyers (an extensive body of
work going back decades that has
repeatedly addressed the
same set of questions considered here, and that
has time and again
confirmed the need for reform), we
now answer the charge given to us
in the affirmative. In our view, a
new set of practical skills requirements focusing on competency and
professionalism should be adopted
in California in order to better prepare new lawyers for successful
transition into law practice, and
many of these new requirements
ought to take effect pre-admission,
prior to the granting of a law license.
The draft Task Force recommendations are:
• Pre-admission: A practical skills
training requirement fulfilled prior to admission to practice. There
would be two routes for fulfillment
of this pre-admission practical skills
requirement: either in law school,
where 15 units of course work following the first year of law school
must be dedicated to developing
practical skills and serving clients,
or, alternatively, employment in a
State Bar-approved clerkship or apprenticeship program of at least six
months in duration.
• Pre-admission or post-admission: An additional practical skills
training requirement, fulfilled either at the pre- or post-admission
stage, where 50 hours of legal services are specifically devoted to pro
bono or low bono service. Credit towards those hours would be available for “in-the-field” experience
under the supervision and guidance of a licensed practitioner or a
judicial officer.
• Post-admission: Ten additional
hours of Mandatory Continuing
Legal Education (MCLE) courses
for new lawyers, over and above
the required MCLE hours for all active members of the State Bar, specifically focused on practical skills
training. Alternatively, credit towards these hours would be available for participation in mentoring
programs.
The recommendations of the task
force incorporate the thinking and
findings of recent articles which
tend to focus on the following facts:
• Law school admissions are generally down about 15 percent.
• Law school graduates frequently
incur debt in excess of $100,000.
• About 50 percent of law school
graduates are obtaining full time
employment in the legal profession.
• More and more new lawyers are
hanging out their shingle and are
joined by experienced lawyers
whose firms have been downsized.
• Except for Internet based legal services (growing at about a 30-35 percent rate), traditional law firms are
“hanging on.”
• Legal services for the poor and
middle class continue to be largely
either not available or cost prohibitive. Ask any judge about the vol-
ume of self-represented litigants in
civil proceedings.
be on June 11 in San Francisco. All
meetings are open to the public.
• Court budget reductions have adversely impacted the administration of justice.
The objective of the Task Force is
to present its final report after the
June 11 meeting to the Board of
Trustees for consideration for eventually submission to the California
Supreme Court for adoption. s
• Private ADR services have created
a broader market share of the civil
dispute business for those that can
afford such services.
• The practice of law has dramatically changed over the past 10 years
through the use of technology.
The Task Force is comprised of
more than 20 individuals from private attorneys, public attorneys,
in-house counsel, law school deans
and professors and members of the
judiciary. The Task Force has been
meeting over the past year. The
last meeting was in Los Angeles on
April 23 and the final meeting will
This article is abridged from a drafting
proposal written by Jon Streeter, Task
Force Chair and former California State
Bar President, with contributions from
other Task Force members. The entire text
of Mr. Streeter’s comments and Task Force
recommendations and analysis are available on the California State Bar website at
www.calbar.ca.gov.
Richard Frankel, a San Ramon
attorney, is a member of both the
Task Force and Committee of Bar
Examiners, State Bar of California.
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9
It’s Always Darkest Before Dawn
by Nick Casper
T
he California judicial system
is in dire financial straits. It
is not hyperbole to say that
the current situation has
reached a crisis level. This is undoubtedly not news, as it has been
keenly felt by practitioners, judges,
court staff and affected citizens
alike.
Since 2008, the budget of the
California court system has been
slashed by $1.2 billion, a cumulative reduction of over 40 percent. As
Chief Justice Tani Cantil-Sakauye
emphasized, spending on the judicial branch now amounts to only 1
percent of the state’s general fund
(down from a historical 2 percent), a
pittance to meet the needs of 38 million Californians. Statewide, courts
have eliminated over 2,000 staff positions, closed 175 courtrooms and
shuttered 61 courthouses. The operating hours of filing clerks have
been reduced, courtrooms routinely
no longer provide court reporters
in civil matters and most counties
have been forced to reluctantly
eliminate specialty courts and vital
services, such as alternative dispute
resolution programs and self-help
services previously offered to pro
per litigants. Work furloughs and
judicial vacancies abound.
The real-world effects of these cuts
have been nothing less than devastating. Filing lines at county clerk
windows—traditionally, a minor
nuisance—now can become all-day
endeavors. Splintered families face
daunting delays in reunification
proceedings. Domestic violence
victims are denied expeditious processing of their claims for civil pro-
10
MAY 2013
tection. Business disputes, some involving millions, or even billions of
dollars, have grinded to a near-halt,
resulting in unknown economic
costs. Unlawful detainer matters
are delayed, resulting in uncertainty to both tenants and landlords.
Civil fees have been categorically
increased to alleviate shortfalls,
raising access to justice concerns,
particularly for the state’s most vulnerable populations.
Contra Costa County has been far
from immune from the financial
pinch imposed on the judicial system. The county’s Superior Court
has absorbed nearly $14.5 million
in cuts since 2010, and this year $8
million in reserves that the court
had prudently amassed were swept
up by the state. All told, the county’s
judicial budget has been slashed by
25 percent. In response, the county
was forced to take on a range of
austerity-type measures, including
closing the Concord courthouse,
reducing the Walnut Creek courthouse’s operations to traffic cases
only, eliminating or reducing several specialty courts, laying off five
of eight commissioners and consolidating much of the county’s judicial operations to Martinez. Like
other courts throughout the state,
Contra Costa County Superior Court
now is faced with absurdly jammed
dockets and overworked judicial officers and staff. Delays in hearings
and trial dates are unavoidable, and
residents in East and West counties now must travel to Martinez to
have their family and juvenile law
matters heard due to courtroom closures in Pittsburg and Richmond.
Last year, in the face of this
gloomy judicial picture, a large alliance of California lawyers from
both sides of the bar, called the
Open Courts Coalition (OCC), initiated an effort to give a voice to the
oft-neglected third branch of government, as well as to the 38 million
residents who depend on the courts.
The OCC encouraged participation
by counties across the state to join
the collective effort of reaching out
to local lawmakers to seek a restoration of funding so that the courts
could resume functioning on a basic level of service.
The Contra Costa County Bar Association heeded the call of the OCC.
In the beginning of 2012, the CCCBA
created the Pro Bono/Access to Justice Committee, on which I serve
as Chair, as a means of advocating
for the beleaguered courts on the
local level. In April of last year, we
co-sponsored and participated in a
court funding rally on the steps of
San Francisco City Hall, where several hundred lawyers, judges, court
workers and citizens convened to
speak out on the budget crisis. State
Attorney General Kamala Harris,
Justice Carlos Moreno (Ret.) and
other notable judicial figures delivered stirring sermons regarding
the critical importance of the state’s
court system, and how the cuts
have crippled the judiciary’s ability
to meet the needs of Californians.
In 2012, members of the CCCBA
Access to Justice Committee also
met with the state lawmakers who
represent portions of Contra Costa
County, including state Assembly
members in their District Offices,
and Senators Mark DeSaulnier and
Loni Hancock at the State Capitol.
The purpose of the meetings was
simple: to paint a picture of how the
severe judicial budget cuts were adversely affecting the administration
of justice for Contra Costa residents
(who also represent the lawmakers’
constituencies).
This year, the Access to Justice
Committee has renewed the struggle to reach the hearts and minds
of lawmakers. Committee members
Elva Harding, Samantha Sepehr,
Peggy Bristol-Wright and I are in
the process of organizing meetings
with Contra Costa legislators to
once again express the debilitating
effects of the budget cuts, this time
with the county’s significant court
closures and reorganizations of 2013
in mind. The hope is that the CCCBA’s legislative efforts will add to
the growing chorus across the state
to impress upon lawmakers that the
cuts over the last five years have
gone too deep, and that the courts
are on the brink of reaching a breaking point. Governor Brown’s revised
state budget will be issued in midMay; it is hoped that California legislators restore critical funding to
the courts and convince Governor
Brown to leave these funds alone
with his “blue pencil.”
Locally, the CCCBA is not acting
alone in this fight to restore much
needed court funding. Presiding
Judge Barry Goode and other Contra
Costa judges have taken a proactive
role in meeting with state lawmakers to articulate the difficulties faced
by judicial officers, court staff and
litigants under the current budgetary constraints. Judge Goode serves
as the Legislative Outreach Chair
of the Trial Court Presiding Judges
Advisory Committee (which is comprised of all the presiding judges
across the state), and he recently
testified before the Budget Subcommittees of the state Assembly and
Senate on the budget issues.
The county’s Superior Court has
also implemented creative strategies to help address the docket logjam created by courtroom closures,
including that of the civil discovery
commissioner. The court invited
local practitioners to volunteer to
serve as temporary judges to handle
small claims and unlawful detainer
matters or to serve as civil discovery
facilitators. The response by local
lawyers has been encouraging, and
both of these pilot programs are in
full flight.
A silver lining of the court funding crisis is that it has fostered
greater collaboration between the
bench and bar, as well as by attorneys on opposite sides of the ”v.,” to
discover novel solutions to the for-
Since 1949
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midable challenges created by the
underfunded judiciary. It is hoped
that the court system currently inhabits that ”darkest hour just before
the dawn.” The CCCBA, as well as
the Contra Costa County Superior
Court, are making a concerted effort to help ensure that the dawn
of restored court funding is close at
hand. s
Nick Casper is the Treasurer of the
Contra Costa County Bar Association. As an associate with Casper,
Meadows, Schwartz & Cook since
2007, Nick has been actively involved in litigating many of the
firm’s largest cases involving catastrophic injury, wrongful death,
medical malpractice, employment
discrimination/harassment, and
civil rights violations. Nick has
also taken several of the firm’s cases to jury trial.
Bray & Bray
Oliver W. Bray*
Over 25 years in practice
736 Ferry Street
Martinez, CA 94553
925-228-2550
925-370-8558 (fax)
brayandbraylaw.com
• Probate, Trust & Estate litigation
and administration
• Elder Abuse Litigation
• Conservatorship establishment
and litigation
• Fiduciary court accountings
• Estate Planning
Free case evaluations for referring attorneys
*Certified Specialist in Estate Planning, Trust and Probate Law – State Bar
of California Board of Legal Specialization
*Selected to Northern California Super Lawyers each year since 2006
11
“BYOCR”
(Bring Your Own Court Reporter)
P
erhaps the single most significant effect of the statewide reductions to court
budgets, as they apply to
civil, family and probate cases,
is the inability of the courts to
continue to maintain a court
reporter staff for those categories of cases.
by Hon. David B. Flinn
by far the easiest approach is for the
parties to a hearing or trial to stipulate as to the selection of a qualified
reporter. New form CV-310 is used
and includes an agreement by the
reporter to meet the court’s requirements.3 Reporters should be capable
of providing ”Livenote” and tying
into the judges’ bench computers
either by a Wi-Fi remote connection
or cable connection. This is especially important as it assists the court
in reviewing oral proceedings and
therefore being able to more quickly render decisions that are important to the clients.
As the need of a record of
proceedings in many types of
matters is, of course, important, the
obvious step is to allow the parties
to provide their own reporters. That
would appear simple until one reviews the statutory provisions regarding court reporters and considers the need that when the court
certifies a record to a higher court
the applicable provisions must be
regarded. It thus became necessary
for our civil, family and probate
judges to formulate a process that
allows for a ”certifiable” record.
Using extensive work done by the
Los Angeles Superior Court on the
topic, our judges have put together
a protocol that hopefully will accommodate all concerned. Our
plan is based upon the
expectation that for
the vast majority
of cases needing
court
reporting,
the parties will stipulate as to the
selection of the reporter. Things will
work most smoothly if, based upon
civility, a party asked to stipulate
will do so absent a bona fide reason
for not doing so.
The specific provisions for reporting by stipulation are contained on
the court’s website.1 From the home
page, scroll to “Information and
12
MAY 2013
Reporters will also be provided
a welcome packet and must become familiar with the court’s process for timely uploading the raw
stenographic notes into the court’s
ACORN storage site for safe storage
and future reference.
Notices” in the middle
of the page and click on
the link “Use of Private
Court Reporters.” The link
“Protocols” on that page will
give you a 13-page explanation
of the issues and requirements.
There is also a link for Local Rule 24,
which covers court reporting.2
In a nutshell, the provisions of
the Government Code are such that
As it is important that our court
avoid favoritism, we do not make
recommendations on reporters to be
used for private reporting.
The court will protect parties
who desire reporting and cannot obtain a stipulation from
their opponent, although so
far our experience has been
that this is a rare occurrence. Due to the Government Code provisions, a reporter
must then be chosen from the list of
reporters that have been vetted and
approved by the bench. Making
these selection arrangements can
be time consuming and may result
in a delay of the proceedings.
Where matters might take several days, we require that a single
reporter is used. Good cause will be
required to obtain permission for an
exception. All financial obligations
lie with the parties—there is no
court reimbursement even in cases
where one party has obtained a fee
waiver. Stipulating parties should
therefore be clear on their interparty arrangements at the outset.
REAL ESTATE  BUSINESS PLANNING  ESTATE PLANNING
EXIT, SUCCESSION & ESTATE PLANNING
FOR BUSINESS AND PROPERTY OWNERS
HUBERT LENCZOWSKI, J.D., M.A.*
[email protected]
C. JOSEPH DOHERTY, J.D.
[email protected]
* Adjunct Professor Taxation Golden Gate University
Law School, LL.M. Taxation Program
LENCZOWSKI LAW OFFICES
ATTORNEYS AT LAW
1615 Bonanza Street, Suite 204
T (925) 280 7788
www.lenczowskilaw.com
The judges very much appreciate
the cooperation that we have received from the bar in undertaking
this substantial change in our normal proceedings. We look forward,
with you, to better budget times
which would allow us to reinstate
court-provided reporting in all judicial proceedings. s
1
http://www.cc-courts.org/
2
http://www.cc-courts.org/_data/n_0046/
resources/live/rule24_CourtReportingServices.pdf
3
http://www.cc-courts.org/_data/n_0046/
resources/live/cv310_Stip&OrderToUseCS
R&RptrAgreement.pdf
—
WANTED —
Conservatorships
AND
MEDIATION CENTER
“A unique and effective style a great mediator”
Candice Stoddard think
Matt Toth
Ron Mullin
as in
Pedder, Hesseltine,
Walker & Toth, LLP
oldest partnership in Contra Costa County
(since 1955)
p 925.283-6816 • f 925.283-3683
3445 Golden Gate Way, P.O. Box 479
Lafayette, CA 94549-0479
AV Martindale-Hubbell
Willows Office Park p 1355 Willow Way, Suite 110
Concord, California 94520
Telephone (925) 798-3413 p Facsimile (925) 798-3118
Email [email protected]
lenczowski law - cccba advertisement (12-10-2012).doc
13
Growing Trends in Today’s Legal World
by Pete Tormey and Felix Antero
M
ore demanding clients,
new technologies and
globalization are taking an irreversible toll
on the traditional law firm business model. Consequently, newer
business models are cropping up, a
development which offers more opportunities but also more risks for
lawyers willing to conduct business
differently. This article explores
some of the trends in the profession
and how they have affected our
strategies for our law practice.
Trends in Legal Services
Following the Great Recession,
there has been a large increase in
unemployed and underemployed
lawyers, many of whom are young,
inexperienced and saddled with
crushing student loans. The collapse of the century-old firm Dewey & LeBoeuf, the trans-Atlantic
mergers of giant white-shoe firms
and cutbacks in budgets by local
governments and judicial branches
have only added to a general sense
of pessimism among many practitioners in the legal profession, both
young and old.
The pessimism, however, is partly
misplaced because the fact is, the
underlying demand for legal services has not abated much and is in
fact growing. This demand for legal
services is being met through “The
Great Upender”—the Internet—
where cheap-to-free legal services
and information are overly abundant.
This overabundance of free (albeit
sometimes questionable) online
information has taken a lot of the
mystery out of the attorney-client
relationship and made self-help a
viable alternative for many legal
consumers. As a result, prospective
clients are better informed than before and searching for value-based
legal services instead of the traditional hourly model where the
lawyer acts as the knowledge gatekeeper.
Unfortunately for many lawyers,
but fortunately for the brave do-ityourselfers, the quality of online
resources will continue to improve
and online services such as Rocket
Lawyer and LegalZoom will hone
their business models to better meet
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14
MAY 2013
the growing demand. Thus, a new
law practice has to allow for these
improvements and create a business model that can thrive in this
environment.
Focus on Clients
Even though today’s typical clients are better informed, the reality
is they still have that underlying
fear that caused them to seek legal help in the first place. This fear
might be of losing everything in a
divorce, risking criminal conviction or that a new business venture
might fail. The opportunity for a viable practice starts with recognizing
this underlying fear, understanding
it fully and addressing it competently.
For example, in our practice it is
not uncommon for a client to call
with questions about starting a new
business, only to call back months
later, after using an online incorporation service, with questions about
how to operate this new business.
Many lawyers might take umbrage
at this, but we recognize that it isn’t
just a new legal entity that the client needs, but the assurance that
they are operating the new business properly—because of their underlying fear that they may have
overlooked something that can end
up hurting them. Accordingly, the
opportunity for a law firm isn’t trying to sell the formalities of corpo-
rate filings but instead to focus on
the higher value-added service of
understanding and allaying the client’s fear.
In business and commercial law,
the changes are more pronounced
but the opportunities are also bigger and better. Clients want their
lawyers to provide more value instead of merely being another “cost
center.” The corporate client is looking towards their lawyers more for
problem-solving and business strategy than in the past; hence, lawyers
with business degrees and substantial real-world business experience
will provide more value to clients.
The rise in joint MBA/JD programs
reflects this trend.
Thus, even though our clients
have not specifically asked for lawyers with business experience, as
a firm and individual lawyers, we
emphasize our practical business
experiences early on in our client
relationships. Letting the clients
know we’ve been in their shoes
helps assure them, strengthens the
attorney-client relationship and
provides us opportunities to address
underlying business concerns as a
value-added service.
Focus on Growth Areas
Starting a law firm today requires
an examination of growth areas
where it is worth investing scarce
marketing resources. Despite the
gloomy outlook by many in the
profession, there are in fact ample
growth areas in law. These areas
include regulatory compliance, international transactions and intellectual property, to name just a few.
Regulatory compliance is particularly promising because as the global economy matures, the push for
increased regulation will also boost
demand for sophisticated business
lawyers. In addition, we are creating a slew of new regulations in the
financial, medical, environmental
and energy industries which will
open doors to more opportunities.
Despite jurisdictional limitations, globalization has actually expanded an American lawyer’s legal
world, thanks in no small measure
to the outsized impact of American
laws internationally and the fact
that global business transacts in
English. Consequently, emerging
markets are full of opportunities for
an American lawyer able to guide
clients in cross-border transactions
and compliance with international
regulations. Populous countries like
China, India and Brazil are primary
candidates (hence, the massive
expansion of U.S. law firms there)
because they are experiencing
mind-boggling growth spurts across
multiple industries and building
new infrastructures which require
more sophisticated legal systems.
Some less populous but equally
impressive growth stories are coming from the Southeast Asian, Middle East, North African and South
American regions, such as Indone-
15
Growing Trends,
cont. from page 15
sia, Philippines, UAE, Colombia and
Peru, which are also looking for legal practitioners who know how to
put together deals.
Another noteworthy example is
Qatar, which has set a goal to be an
international commercial dispute
resolution center open to parties
from all over the globe. Qatar’s court
is operating under “international
common law,” which allows judges
to draw from precedents across the
common law world. Their bench includes a former Lord Chief Justice of
England and Wales, a former Chief
Justice of India and a former Australian federal court judge. Qatar and
other forward–looking countries
recognize that there is an unmet
demand for international legal dispute resolution and are working to
capitalize on it.
Elder Law is
Since the passage of Britain’s Legal Services Act of 2007, the legal
landscape in the U.K. and all over
Europe has undergone dramatic
changes. With law firm structures
there now changing to allow for
partners who are not lawyers, one
can expect other regions to follow
suit. Practitioners hoping to make
inroads into other international
common law jurisdictions will be
competing with law firms that have
experienced finance and marketing
people as full partners. These firms
will change the dynamic between
lawyers and clients who will be demanding new solutions across the
business spectrum, not just in legal
services. At the same time, modern
marketing of law firms is likely to
open opportunities for all lawyers
in these areas as the public gets better educated.
Cash is Still King
While many news outlets covered
the Dewey collapse with ill-masked
The average survival rate is eight years after
being diagnosed with Alzheimer’s — some live as
few as three years after diagnosis, while others
live as long as 20. Most people with Alzheimer’s
don’t die from the disease itself, but from
pneumonia, a urinary tract infection or
complications from a fall.
Until there’s a cure, people with the disease will
need caregiving and legal advice. According to
the Alzheimer’s Association, approximately one
in ten families has a relative with this disease.
Of the four million people living in the U.S.
with Alzheimer’s disease, the majority live at
home — often receiving care from family
members.
If the diagnosis is Alzheimer’s,
call elder law attorney
Michael J. Young
Estate Planning, Disability, Medi-Cal,
Long-term Care & VA Planning
Protect your loved ones, home and independence.
Alzheimer’s
Planning
16
MAY 2013
n
925.256.0298
www.YoungElderLaw.com
1931 San Miguel Drive, Suite 220
Walnut Creek, California 94596
traces of “Schadenfreude,” countless
small law offices shut their doors
because clients could not pay their
invoices. This is why it is critical to
keep your expenses extremely low,
especially if your practice is in an
area where it is difficult to get clients to pay in advance. Fortunately,
new online tools make it easy to
create a virtual law office, including the ability to rent a professional-looking office anywhere in the
world. For example, LiquidSpace
aggregates business centers around
the world and provides them at
a low hourly rate. This lets a new
practice operate in low-cost offices
but still meet clients in a professional environment.
Relationships Are Key
Regardless of new technologies
and low-cost legal service providers,
the attorney-client relationship will
always be based on building and
keeping the client’s trust. The client’s trust depends not only on how
well you provide them your services, but also how good a resource
you are overall. This means being
responsive, staying up-to-date and
cultivating a good referral network
to handle cases that are beyond
your capabilities or provide other
know-how for the client’s business.
Although new technologies and
social media are affecting professional interactions, they are not
a substitute for building a good
network. A good network relies
on knowing other lawyers well
enough to trust your client with
them. While there is no easy formula for assessing another lawyer,
the more time you spend with the
lawyer, the better feel you will have
for their expertise. Thus, the usual
advice for networking, such as using LinkedIn or going to mixers, is
not sufficient to develop this level
of trust.
For us, this means spending considerable time with other attorneys,
especially those not in our practice
area. That is why we go out of our
way to create or sponsor events
where lawyers come together for
roundtable discussions about different areas of law so we can get a
chance to interact with them, evaluate them and develop mutually
beneficial relationships with them.
The legal profession is undergoing massive structural changes that
will be felt globally. Firms who are
doggedly focused on clients, willing
to venture into the growing geographic regions and fields of practice, able to keep their expenses low
and build strategic relationships,
are no doubt going to succeed. We
are hoping and working hard to be
one of them. s
Pete Tormey manages the Intellectual Property Group of Antero
& Tormey LLP. He has a BS in Electrical Engineering from San Francisco State University (Magna Cum
Laude), an MBA from St. Mary’s of
California (Marketing) and a JD
from John F. Kennedy School of
Law. His experience includes over
15 years of international sales and
marketing and starting several
technology companies.
Felix Antero manages the International Transactions Group
of Antero & Tormey LLP. He has
a bachelor’s degree in Economics
from the Ateneo de Manila University where he was a Far East Bank
scholar. He earned his JD at John
F. Kennedy School of Law. Before
practicing law, he was involved in
the international banking, lending
and insurance industries.
Conference Room for Rent
BASIC RATE
$125 all day (over 5 hours)
$70 half day (under 5 hours)
$20 hourly
CONCIERGE RATE
$175 all day
$100 half day
Member Feedback:
“I recently used the CCCBA’s ‘Concierge’ conference room
services for a two-week arbitration. I was very pleased with
the service we received. The staff was friendly and helpful,
I didn’t have to deal with the hassle of ordering food for my
clients, and having access to a computer, printer and photocopier made updating and disseminating documents to
the parties involved very easy. “
~ Palmer Madden
For more information, contact Theresa Hurley
at [email protected] or (925) 370-2548.
JAY CHAFETZ
Personal Injury
Trust & Estate Disputes
Business Litigation
Mediation (PI and Med Mal)
Law Offices of
Jay Chafetz
2033 N. Main Street
Suite750
Here for you when you need a trial attorney
925.933.5890 fax 925.933.5620
[email protected]
— WANTED —
Will/Estate Contests
Conservatorships
You handle the estate, we do the contest.
Cases, except conservatorships, often
handled on a contingent fee basis, but can
be hourly. Referral fee where appropriate.
Pedder, Hesseltine,
Walker & Toth, LLP
oldest partnership in Contra Costa County
(since 1955)
p 925.283-6816 • f 925.283-3683
3445 Golden Gate Way, P.O. Box 479
Lafayette, CA 94549-0479
AV Martindale-Hubbell
17
LAW PRACTICE MANAGEMENT SERIES 2013
3rd Tuesday of Each Month | 4:30 - 6 pm
JFK University | 100 Ellinwood Way, Room S312 | Pleasant Hill
DATE
TITLE
Contact
Theresa
Hurley for a
recorded
version.
Business Plans
and Business
Development
May 21
4:30 - 6:30
pm
Social Media and
Legal Ethics
DESCRIPTION
Learn how smart, thoughtful business planning can dramatically
improve your chances of success. Find out how to develop successful and authentic rainmaking and branding strategies.
CREDIT
1 hr General
Speakers: Steve Gizzi, Esq. | Pat Gillette, Orrick, Herrington &
Sutcliffe, LLP
Practical advice on how to engage in social networking with
prospects and clients within the ethical parameters required by
the California Rules of Professional Responsibility. Stay after for
a hands-on demonstration of effective uses of social media.
1 hr General/
0.5 hr Ethics
Speaker: Randy Wilson, Esq., DSD Law Site Solutions
June 18
4:30 - 6 pm
Creating a Modern
Law Practice
Learn techniques to create a cutting edge, high quality law firm, 1.5 hrs
utilizing technology and online presence to dramatically increase General
revenue. Explore the differences between law management
practices from the past and the current trends that anyone can
use to generate and sustain new business in this day and age.
Speaker: Katharine Hooker, Family Law Group, LLP
July 16
4:30 - 6 pm
August 20
4:30 - 6 pm
Transitioning
Attorneys and
Their Practices
Learn how to work smarter, less and become more profitable, by 1.5 hrs
General
working on your legal business rather than in it.
BYOD (Bring Your
Own Device)
1 hr Ethics/
Learn about ethical and professional responsibilities law firms
face as lawyers and staff access client and confidential informa- 0.5 hr
tion with mobile devices. Also, find out about what employment General
laws your firm might be violating by requiring (or expecting)
employees to be connected to work 24/7.
Speaker: Janice Brown, Esq., Beyond Law
Speakers: Sarah Banola, Cooper, White & Cooper | James Y. Wu,
Law Office of James Y. Wu
Sept. 17
4:30 - 6 pm
The New
Healthcare
Legislation
Find out how the 2014 health care reforms will impact the
small employer (under 50 employees). Learn what you need to
know for your practice, for your clients and as an employer.
1.5 hrs
General
Speaker: Colleen Callahan, CLU, CASL, LUTCF
Cost per session: $20 for CCCBA members | $30 for Non-Members | $10 for Law Students
Discount for signing up for the entire series!
Early registration is encouraged (first program was standing room only)
18
MAY 2013
Please contact Theresa Hurley at [email protected] | (925) 370-2548
Tax & Estate Attorneys
Individual & Business Tax Issues
Tax Preparation • Tax Planning • Tax Controversy
Sophisticated Estate Planning • Estate Administration
Trust & Estate Litigation • Probate
YOUNGMAN & ERICSSON
1981 N. Broadway, Suite 300 | Walnut Creek, CA 94596 | (925) 930-6000
www.youngman.com
Walter C. Youngman, Jr.
Mark S. Ericsson
Dani Altes, Paralegal
Chastity A. Schults, Partner
Mayra Aviles, Paralegal
19
Solo Section
Breakfast
The Solo Section meets for a networking breakfast
the third Wednesday of even-numbered months. Free
for section members. For more information, visit the
Solo Section page at www.cccba.org.
Dan Pocklington, Alan Ramos and
David Erb
February 21, 2013
n and
herso stor
p
o
t
s
i
Pa
Chr
David
Dean
Kent Parr
Emily De Falla and Ivette Santaella
20
MAY 2013
Mona Latisha M
cC
Agha
zadeh ray, Harp
re
-Sana
ei and et Sandhu
,
Bill S
tewar
t
Mary Grace Guzman
Geoffrey Steele
Barristers/Young L
awyers Section
BRIDGING THE G
February 22, 2013
AP
21
The Women’s Section
Annual Wine Tasting & Silent Auction
April 11, 2013
A tribute to the Hon. Joyce Cram on
her retirement. Proceeds benefitted the
Women’s Section Scholarship.
Many thanks to
our Gold Sponsors:
• Archer Norris
• Casper, Meadows,
Schwartz & Cook
• Gagen, McCoy,
McMahon, Koss,
Markowitz &
Raines
Hon. Steve Austin
(AKA Judge Awesome)
For more photos, visit
our Facebook page at
facebook.com/CCCBA!
Renee Livingston, Avery Kerr, Sabrina Axt,
Janell Alberto and Deborah Moritz-Farr
Beth Mora, Michele Lane and
Andrea Kelly Smethurst
Erika Ackeret, Emlyn Struthers and
Marta Vanegas
22
MAY 2013
Elizabeth Talbot, Mary Grace Guzman and
Eliza Rodrigues
Karen Johnson, Pam Marraccini, Suzanne Boucher,
Hon. Ellen James (Ret.), Lisa Reep and Natasha Chee
2013 MEXICO MCLE
RELAX AND STUDY IN LUXURY
October 12-19, 2013
RIU Palace mexico, Playacar
Attorneys, judges and families are invited to join the Contra Costa County Bar Association for the 2013
Mexico MCLE trip, October 12-19, to the Riu Palace Mexico, Playacar, Mexico. Playacar is located in the
Mexican Riviera, just one mile from picturesque Playa del Carmen and has one of the most beautiful
beaches in the world. Riu Palace Mexico is an all inclusive 4 star hotel offering delicious food, beverages,
nightly live entertainment and optional excursions. Earn up to six MCLE credits including ethics and
elimination of bias. Direct flights from SFO to Cancun are available. The cost is $1,500 per person plus $250
for MCLE credits. Significant others, family and friends are encouraged to attend.
For further information, contact Carolyn D. Cain at [email protected]
or Douglas W. Housman at [email protected].
Don't miss the fun and tell your friends!
23
Tomorrow’s Lawyer
by Mark Ericsson
J
oe is no ordinary Joe. He owns
a high-tech company. Today
he is hiring a marketing director. Joe goes to his computer
and types “employment agreement
marketing director” into Google. He
finds templates and articles outlining the process and the issues. He
drafts his agreement using one of
the templates. However, he has a
few issues that he feels require more
expertise, experience and an understanding of his business. He emails
the contract to his lawyer with the
specific issues that he would like
addressed. Is this where the practice
of law is headed?
If Joe were one of the larger British firms, he could have dialed into
a collaborative effort by law firms
that provide a computer program
with a decision tree, which when
24
MAY 2013
filled out, produces a final draft of
an employment agreement. English
firms in this case act as the experts
in a computer-programming project. Through Listservs, legal consumers ask others how they have
solved their problems and compare
costs. Is this where the practice of
law is headed?
The agent of change is the cost of
legal advice and representation. The
practice of law is going to change.
Legal advice is too expensive. Lawyers are pricing themselves out
of the market. Twenty-five years
ago, the average partner pay at the
nation’s top 100 law firms was 11
times higher than that of the average American worker. Today, it is 23
times higher. The 2010 median pay
of a lawyer was $112,760 per year.
Interestingly, the U.S. Bureau of La-
bor Statistics finds that when asked
about work related experience or
on-the-job-training, the response is
“none.” As lawyers, we find every
day that we have to tell clients that
they can’t afford our services or we
find that they cannot pay us once
the services are provided.
Who are the future clients who
will be able to afford us? This is a
question little addressed in law
schools. There are basically large
businesses, small businesses such as
Joe’s business, the wealthy and the
rest of us. It is fair to say that the first
three categories are and will continue to become more sophisticated
consumers of legal services and the
fourth will lose access.
The nature of recessions is changing. Until 1981, the country snapped
out of a recession in six months. In
1990, it was 15 months; in 2001 it was 39 months. We are
currently 64 months into what is a recession for those
employed and a depression for those who are not. Companies have remained profitable by cutting costs, and
legal costs have been at the top of their lists. In-house
counsel budgets have been cut by 50 percent in some
cases. About half of corporate counsel and private attorneys believe the recession will permanently change the
way business is done in the legal industry. Companies
are becoming more sophisticated when they go outside
for legal representation. This has led to increased consolidation among the largest firms and the layoff of 9,500
lawyers in 2009 and 2010. That’s one in every 76 lawyers.
The largest law firms are not addressing the new norm
(more value for less fees) and as a result are losing business. I would expect a trickle-down effect to our smaller
firms.
Wealth in this country is becoming more concentrated. The top 1 percent owns 40 percent of the wealth, or
225 times the wealth of the typical American. The ratio
of CEO annual compensation for the Fortune 500 companies to that of the typical worker is 234 to one versus
16 to one in Japan. Income growth for the bottom 90 percent has been 15 percent over the past 30 years. For the
top 1 percent it has been 300 percent. Lawyers routinely
raise their rates around 5 to 10 percent per year. This effectively eliminates the bottom 90 percent from representation. The number of people that can afford justice
is rapidly diminishing.
The wealthiest 1 percent can afford representation and
will be willing to pay the premium for lawyers that can
deliver (the Boies of the world). However, with money
for expertise, one must assume that they, as well as the
large corporations, will become more sophisticated consumers of legal services.
Any analysis of the markets leads one to conclude that
the price of legal advice and representation will come
down. We will no longer be able to charge for work for
which we are overqualified to do. Clients are driving
change by pushing efficiency and demanding the use of
the latest technology. Clients want to see value and are
forcing firms to unbundle. Clients will seek lower-cost
service providers including online services.
Throughout the world, countries are allowing the
practice of law to evolve. England (from where our law
evolved) and Australia allow non-lawyers to provide
many services considered legal. In America, we have
LegalZoom, Axiom Law, Clearspire, Rocket Lawyer,
Practical Law Company, Huron, Mindcrest, Pangea3
and Novus Law. Online dispute resolution has proved
tremendously successful. New York City, using Cybersettle, saved $11.6 million during its first year of a demonstration project. SquareTrade, eBay’s preferred dispute
resolution provider, offers two services: a free web-based
forum which allows users to attempt to resolve their differences on their own, or if necessary, the use of a professional mediator.
Qatar is spending billions on developing a legal system that it hopes will facilitate incoming capital flows.
Our position as the reserve capital of the world is based
in part upon the availability of our courts and the stability of our statutory and case law. Today, we are dismantling our courts for lack of funds. Tomorrow’s litigators
are going to have to navigate a world of less access and
alternative dispute resolution options. Interestingly,
American law students increasingly want to go to work
for the government, a trend not seen elsewhere.
In Joe’s case, lawyers provide three value-added services. We are the trusted advisor who provides customized advice for our clients based upon our knowledge of
their situations, the provider of risk management compliance and the agent for dispute resolution and litigation. This is particularly true in risk management, which
receives little emphasis in most law firms. We need to
learn how to do each task most cost-effectively. We need
to develop practices where Joe seeks the advice, experience or expertise that he cannot find online. We need
to become experts in areas not widely understood. We
need to become online providers, and probably available 24 hours a day or we risk losing our clients. And in
this world of connectivity where the reply button is all
too alluring, we need to become experts in quality control.
Here in Contra Costa County, we have a million residents. One out of every 250 (3,938) residents is a lawyer,
versus one out of 400 nationwide. Forty-two percent of
us (yes, even me) are over 55. Twenty-eight percent have
been in practice for less than five years or are under 35.
I suspect that our county, which is primarily white and
wealthy, will not be on the leading edge of change. But
there is no question that the next 20 years will not mirror the last 20 years. It certainly gives us pause to think. s
This article was adapted from a presentation made by Dick Frankel to the Contra Costa County Bar Association Board of Directors.
Mark Ericsson is a partner in the tax and business
firm of Youngman & Ericsson, has served as the 2006
president of the CCCBA and is currently the chair of the
Taxation Section. He has written over 30 articles on tax
and business issues. CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
25
please visit Contra Costa Lawyer Online at
http://cclawyer.cccba.org/category/self-study-mcle
to download the MCLE Self-Study test form and instructions.
SELF-STUDY MCLE TEST
26
MAY 2013
Ethical Guidelines for Practicing
in a Virtual Law Office
V
irtual law practice is becoming increasingly popular as an alternative to
the traditional physical
law office. It typically involves the
use of a secure internet portal to
render legal services to, and communicate with clients.1 Advocates
emphasize the decreased real estate
and overhead costs, increased productivity and the work-life balance
that may result from lawyers working from home. Critics stress the
need for in-person client and team
meetings to collaborate and solve
complex legal problems. As shown
by the recent stir created by the Yahoo! no-work-from-home policy,
management concerns and the effect on employee morale are hotly
contested issues. It is clear, however, that lawyers practicing in a virtual law office need to comply with
employment laws and the rules of
professional conduct.
Employment law issues arising
from operation of a virtual law office are similar to those arising from
telecommuting policies. Virtual law
firms should implement practices
to address: (1) methods for tracking and reporting hours worked,
meal and rest breaks; (2) preservation of confidential information;
(3) employee privacy expectations,
including monitoring computer usage and ownership of computers or
other equipment; (4) harassment;
and (5) workers’ compensation and
safety issues.
Virtual law practitioners must
also consider the following ethical
issues:
by Sarah Banola
California’s Rules of Professional Conduct Apply to
Virtual Law Offices
No California Rule of Professional Conduct specifically addresses
lawyers who practice in virtual law
offices. Rather, the same rules of
professional conduct that apply to
attorneys practicing in traditional
law firms apply to attorneys practicing in a virtual firm.2 The application of the rules, however, raises
unique issues for virtual law practitioners, particularly in regard to the
following California Rules of Professional Conduct:3
• Rule 1-300 (Unauthorized Practice of Law).
• Rule 1-400 (Advertising and Solicitation).
• Rule 3-100 (Confidential Information of Client).
• Rule 3-110 (Failing to Act Competently).
• Rule 3-310 (Avoiding the Representation of Adverse Interests).
• Rule 3-500 (Communication).
California lawyers and courts may also look to the
ABA Model Rules and ethics opinions for guidance on
practicing in a virtual law firm.4
Although the Model Rules do not specifically address
virtual law firms, in August 2012, the ABA approved
recommendations by the Ethics 20/20 Commission to
amend the Model Rules to address issues regarding a
lawyer’s use of technology, including:
• Model Rule 1.1 (revising Comment [8] to confirm that
the duty of competence includes “keeping abreast of
... the benefits and risks associated with relevant technology”).
• Model Rule 1.4 (revising Comment [4] to reflect changes in communication technology).
• Model Rule 1.6 (adding new paragraph (c) requiring
lawyers to undertake reasonable efforts to prevent the
inadvertent or unauthorized disclosure of, or access to,
confidential client information and adding comment
[18] regarding safeguarding confidential client information).
• Model Rule 1.18 (revising the rule and Comment [2] to
clarify when electronic communications give rise to a
prospective client-lawyer relationship).
• Model Rule 5.3 (revising the title of rule and Comment
[2] and adding Comments [3]-[4] to clarify a lawyer’s
duties when outsourcing legal work to non-lawyer
service providers).
• Model Rule 7.1, Comment [3], Model Rule 7.2, Comments [1]-[3], [5] and Model Rule 7.3, Comments [1],
[3] (involving revisions that address a lawyer’s use of
technology for client development).
In addition to the Model Rules, several state bar associations have issued formal ethics opinions addressing
ethical issues that arise from a lawyer’s practice of law
through a virtual law office.5
Formation of Attorney-Client Relationship
and Client Intake
In communicating with prospective clients via a secure website portal, lawyers should avoid forming unintended attorney-client relationships by including
disclaimers on their websites that “posted information is
not legal advice” and that communication through the
website does not create an attorney-client relationship
or a duty of confidentiality. In addition, before entering
into an engagement agreement, lawyers should obtain
sufficient information from the client to screen for conflicts of interest and ensure that the party they are communicating with is the actual client or someone with
authority to act on the client’s behalf.6
27
Virtual Law Office,
cont. from page 27
Duty of Confidentiality
Lawyers are also required to take reasonable measures to safeguard confidential client information on
the website portal, including investigating and monitoring third-party providers, limiting access to confidential information and obtaining written assurances from
the provider concerning data security and the handling
of breaches of confidentiality.7 If a lawyer is not able to
evaluate the security of the technology used, the lawyer must seek additional information, or consult with
someone who possesses the requisite knowledge to ensure compliance with the lawyer’s duties of competence
and confidentiality.8
Duty of Competence
In addition to ensuring that confidential information is protected, the lawyer’s duty of competence
includes implementing data backup
systems for the paperless law office.
In addition, the lawyer must supervise subordinate attorneys and
staff who may be working in
various physical locations to
ensure compliance with the
lawyer’s professional obligations.9
Duty of Communication
Although the duty to keep
the client “reasonably informed about significant developments” and “to promptly
respond to reasonable requests
for information“10 may seem easier through electronic
communication, the attorney should ensure that the
client is receiving and understanding the information
exchanged via the website portal.11 In certain circumstances, phone conferences, video-conferences or inperson meetings would be prudent.
Duty of Candor in Advertising and Marketing
To avoid claims of misleading or false statements under CRPC 1-400 and corresponding State Bar Act provisions, lawyers should disclose to potential clients the
nature and composition of the firm’s virtual law office,
relevant practice areas and the jurisdictions where its
lawyers are licensed to practice.
28
MAY 2013
Avoiding Unauthorized Practice of Law
Because a virtual law firm’s audience reaches across
jurisdictions, lawyers must avoid the unauthorized
practice of law when responding to requests from potential clients outside the jurisdictions where the lawyers are admitted to practice. In California, engaging in
the unauthorized practice of law is not only a basis for
discipline, it is a misdemeanor.12 What constitutes the
practice of law is a fact-specific determination that is the
subject of California case law.13
Under the Model Rules, Rule 5.5(b)(1) prohibits a lawyer from establishing a “systematic and continuous presence” for the practice of law in a jurisdiction in which
the lawyer is not admitted to practice. While Comment
[4] provides that a lawyer’s “presence may be systematic and continuous even if the lawyer is not physically
present” in the jurisdiction, the rule provides no other
guidance on when virtual practice is sufficiently “systematic and continuous” to require that the lawyer be
licensed in that jurisdiction.
On June 19, 2012, the Ethics 20/20
Commission published an “issues
paper” proposing several options to clarify when virtual
practice in a jurisdiction is
“systematic and continuous,”
including identifying relevant factors that lawyers
and disciplinary authorities
should consider and referring the issue to the Standing Committee on Ethics
and Professional Responsibility for an ethics opinion.
Although the Commission
received substantial feedback, it ultimately decided to
defer the issue as virtual law practice and the pertinent
technology continues to develop.14
Virtual law practice offers many potential benefits,
but also presents distinct issues regarding a lawyers’
compliance with the existing rules of professional conduct. While California’s rules of professional conduct
may not keep pace with the evolving nature of virtual law practice, virtual law practitioners need to stay
abreast of changes in California’s rules, and should remain alert to new ethics opinions, amendments to the
Model Rules and law practice management standards15
addressing virtual law practice. s
1
A virtual law office has been defined as the “delivery of, and payment for, legal services exclusively, or nearly exclusively, through
the law firm’s portal on a website, where all of the processing,
communication, software utilization, and computing will be internet-based.” Cal. State Bar Formal Opn. 2012-184.
2
Cal. State Bar Formal Opn. 2012-184.
3
The California State Bar Commission for the Revision of the
Rules of Professional Conduct recommended, and the State Bar
Board of Trustees has approved, proposed revisions to California’s
rules of professional conduct that conform in style and format to
the American Bar Association’s Model Rules, and contain many
substantive provisions similar to those in the Model Rules. These
proposed revisions are currently under consideration for adoption
by the California Supreme Court.
4
CRPC 1-100(A); Vapnek, Tuft, Peck & Wiener, Cal. Prac. Guide: Professional Responsibility, ¶¶1:88-90 (The Rutter Group, a division of
West, a Thomson Reuters business, 2012).
MCLE SELF-STUDY TEST
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visit http://cclawyer.cccba.org and
click on the Self-Study MCLE link in
the top menu.
If you prefer to receive the test form via
email, please contact Theresa Hurley
at [email protected] or (925) 370-2548.
5
See, e.g., Cal. State Bar Opn. 2012-184; Penn. State Bar Opn. 2010200; Florida State Bar Opn. 00-4.
6
See Cal. State Bar Formal Opn. 2012-184.
7
8
Id.
9
Id.
10
CRPC 3-500
11
12
Bus. & Prof. C. § 6126.
NEED MORE MCLE CREDITS?
Visit our calendar to browse upcoming
MCLE programs:
g/
www.cccba.or
ar/
d
attorney/calen
13
See, e.g., Birbrower, Montalbano, Condon & Frank, P.C. v. Sup.
Ct. (1998) 17 Cal.4th 119.
14
ABA Commission on Ethics 20/20, House of Delegate filing (February 2013) available at: http://www.americanbar.org/content/
dam/aba/administrative/ethics_2020/20121112_ethics_20_20_
overarching_report_final_with_disclaimer.authcheckdam.pdf.
15
See, e.g., ABA Law Practice Management Section eLawyering
Task Force, “Suggested Minimum Requirements for Law Firms
Delivering Legal Services Online” (Oct. 15, 2009).
Or choose from our MCLE Self-Study
programs - we offer self-study articles,
audio and video programs:
Sarah Banola is a litigation attorney at Cooper, White
& Cooper LLP’s San Francisco office. Ms. Banola represents lawyers and law firms in matters related to legal
ethics, legal negligence, attorney-client fee disputes,
professional discipline, conflicts of interest, disqualification motions and law firm breakups. Ms. Banola is a contributing
editor to the professional responYoungman & Ericsson, LLP
sibility chapter of the California
1981 North Broadway • Suite 300
Practice Guide on Employment LitWalnut Creek, CA 94596
igation and the legal malpractice
section of the California Practice
Guide on Claims and Defenses (The
Rutter Group, a division of West, a
Thomson Reuters business, 2012).
She also serves as Secretary of the
Bar Association of San Francisco’s
Legal Ethics Committee.
g/
www.cccba.or
e/
cl
/m
attorney
y.php
other-self-stud
Tax Lawyers.
www.youngman.com (925) 930-6000
29
ethics corner
The Good, the Bad
and the Ugly With
Online Reviews
by Carol Langford
A
search on the business
rating site Yelp for attorneys in San Francisco
yields 5,681 results. Although Yelp and similar sites are
probably best suited for restaurants
and night clubs, many people use
the site to review professionals.
These reviews influence potential
clients. The Lawyerist.com, a blog
for legal professionals, recently
polled a thousand people with the
question: “When you need to find
a specialty lawyer, how would you
start your search?” Twenty-two percent said that they search Google or
another search engine, 10 percent
said that they “look elsewhere on
the internet” and 2 percent said that
they “ask on my favorite social network.”
Yelp is not the best indicator of an
attorney’s ability—but most people
using Yelp don’t know that. Most
experiences with Yelp reveal that
generally bad restaurants get bad
reviews and good restaurants get
good reviews. However, some places of business and now some attorneys either pay people to write good
reviews or ask their dearest friends
to rate their lawyering skills online.
Thus, inexperienced lawyers who
are savvy with social networking
can have outstanding reviews and
30
MAY 2013
more seasoned, but less Internetsavvy, attorneys can have bad reviews and not even know about it.
In some instances, attorneys might
be rated for things that have nothing to do with their legal abilities.
There is really no way to tell why
someone rated a particular attorney
with high marks.
However, the troubling question
is, what can a lawyer do to fight
back when he or she receives a negative review on Yelp? According
to some ethics experts: not much.
In the Los Angeles County Bar Association’s Formal Ethics Opinion
#525, the authors concluded that
usually within their rights to log
onto social media sites and trash
their attorney, as long as they don’t
knowingly make false statements—
a hard standard to prove. Further
complicating matters is the attorney-client privilege, which restricts
the attorney as to what he or she
can say to respond, if that requires
divulging privileged information.
For instance, imagine a client that
hired a personal injury attorney
with unreasonable expectations
of receiving millions of dollars in
settlement, or a client that ended
up slighted in a divorce settlement
because of his or her own bad be-
“The troubling question is, what can a lawyer do to fight back when
he or she receives a negative review?”
any public response to a negative
review online must not “disclose
confidential information,” must
“not injure the former client in any
matter involving the prior representation” and must be “proportionate
and restrained.” The part about not
disclosing confidential information
can leave attorneys at a huge disadvantage when responding online.
havior. The client could then go on
Yelp, Avvo, LawyerRatingz.com,
Angie’s List, etc., and tell the world
that the attorney botched the case.
In this situation most people would
reasonably want to defend themselves against these accusations by
pointing out the client’s own bad
behavior. But as lawyers we cannot.
So what can we do?
Because opinions are protected
by the First Amendment, clients are
A professional can always sue
over a bad review for defamation—
to pay more than $80,000 in attorney’s fees to her patient and Yelp. The judge ruled in that case that California’s stringent anti-SLAPP law could be applied
because the patient had mentioned mercury fillings
in her review, and thus the review furthered discussion of an issue of public interest.
Even Yelp’s spokeswoman Kristen Whisenand
recommends against using the “nuclear option”
and suing for a negative review. Why? Because it
usually only brings more attention to the negative review—which is what the professional
didn’t want in the first place. For example, in
2007, the New York Times reported about attorney John Henry Browne who sued the lawyerranking site Avvo alleging that his 5.7 (out of
10) ranking was damaging to his law practice. A federal judge held that the reviews
were protected under the First Amendment
right to express opinions and dismissed the
case. The case brought more public notice
to the negative Avvo reviews that the attorney wanted removed in the first place.
A search of the same attorney now shows
that he was able to raise that number to
6.6, so maybe he learned a thing or two
since then. Or maybe he simply became
more Internet-savvy and learned how
to work the system.
D
O
O
G
A
W
E
I
V
RE
but only if the statements made in the review were false.
Even then, it’s probably not a good idea. The Associated
Press recently reported about a Minneapolis Neurologist, David McKee, who sued a patient’s son for defamation after he wrote a scathing review, including disparaging comments allegedly said by the doctor to him and
his family following his father’s stroke. McKee claims
that the statements attributed to him were not true. This
particular case has not been decided, but such suits are
rarely successful. A study by Eric Goldman, a professor
at Santa Clara University School of Law, revealed that of
the 28 physicians who have recently filed similar suits,
16 of them were dismissed and six of them settled.
The outcome of such suits can be devastating. In a
July 13, 2009, article the San Francisco Chronicle reported about a California dentist, Yvonne Wong, who sued a
patient and Yelp after the patient posted a negative review on Yelp’s site. Ultimately, Ms. Wong was ordered
The best option for attorneys is to
check the ratings websites, and respond to the reviews in a friendly, proactive manner. For example, one San
Francisco attorney with a rating of 2.5 stars on Yelp (out
of 5 possible stars) responded to each and every one of
his negative reviews in a polite manner that did not divulge privileged information. Although measures such
as these may seem distasteful, the reality is that social
media exists, people do check it when searching for an
attorney, and the only thing attorneys can do is to stay
on top of things. s
Carol M. Langford has a practice in State Bar defense
and professional licensing disputes in Walnut Creek.
She teaches professional responsibility as an adjunct
at U.C. Berkeley, Boalt Hall School of Law and Hastings
College of the Law. Additionally, Ms. Langford serves as
an expert witness in cases involving complicated ethics issues and presents at conferences and symposiums
across the state. She is a past Chair of the California
Committee on Professional Responsibility and Conduct.
31
inns of court
Legal Jeopardy!
T
he best Inns Of Court presentations get all of its members involved. Instead of just
having a group standing up
performing for their adoring fans in
the audience, the best groups make
the adoring fans part of the performance. Judge Maier’s group (starring Erika Littlefield, Lisa Mendes,
Matthew Mraule, Nick Casper,
Nicholas Jay, Janine Ogando, Patrick Perez, Scott Reep, Laureen
Bethards and John Warnlof) proved
this old saw one more time with a
great “Legal Jeopardy!” presentation
at the March 14, 2013, meeting.
If you’ve ever watched an episode of “Jeopardy!,” seen the ”Saturday Night Live” always hilarious
“Celebrity Jeopardy!” skits, or even
caught any part of the “E! True Hollywood Story” on Alex Trebek, you
know how “Jeopardy!” works. They
give you the answer, you give them
the question!
The twist here is that all of the categories were legal in nature. Even
the “Movies” category related to
law movies, like the always realistic
“Jury Duty” (Pauly Shore’s greatest
role). The most basic questions were
fairly easy; most practitioners in
that field would quickly get them.
However, the difficulty quickly escalated and most teams spent the
entire night in the negative. Yes, it’s
true. An entire room full of veteran
32
MAY 2013
attorneys and judges got the vast
majority of the questions ... wrong.
Partial credit should go to Judge
Maier’s group for crafting increasingly challenging questions. However, more of the credit (or blame)
should go to the groups for buzzing in too soon or failing to answer
in the form of a question. These
are basic “Jeopardy!” tenets, yet
they tripped up so many groups.
Groups had plenty of enthusiasm
for the rules of the game and were
not bashful about alerting Judge
Maier’s group when the answering
groups made the most basic mistakes. When it comes to a raucous
energy at an Inns Of Court meeting,
you don’t have to turn up the stove
too much to get that water to boil.
Inns President Scott Reep played
Alex Trebek, but went old school
Trebek, donning a perm wig and
rocking a red blazer. He wielded a
buzzer like it was a light saber, striking down the groups that dared
answer incorrectly (although, it
should be noted, that actually
didn’t make them more powerful
than you could ever imagine).
The groups careened helplessly
towards “Final Jeopardy!,” sadly arriving to the championship round
mostly empty handed. Only two
groups were actually in the positive, which meant that only two
groups could even really take part
by Matthew Talbot
in “Final Jeopardy!”
It came down to Judge Cram’s
group (my group) versus Judge
Mockler’s group for all the marbles!
Judge Mockler’s group was up by
approximately $2,000, so they had
the advantage. Before we received
the “Final Jeopardy!” answer, both
groups had to enter our wagers. Our
group decided to bet a single dollar,
pinning our hopes on Judge Mockler’s group failing. It was the conservative play and I was concerned.
Were we betting not to lose? But I
was assured it was the way to go.
Plus, you have to have hope.
The “Final Jeopardy!” answer
came in: “This justice said: ‘It is
better, so the Fourth Amendment
teaches us, that the guilty sometimes go free than the citizens be
subject to easy arrest.’”
We guessed Justice Douglas,
which was correct! Judge Mockler’s
group guessed another, incorrect
justice. What’s more, they had wagered so much money that they fell
behind us into second place! Our
$1 betting plan had worked! Clear
Eyes, Full Hearts, Can’t Lose!
It was an extremely successful
evening that helped bring the Inns
Of Court community together in a
fun and funny way. s
The next Inns of
Court meeting
is May 9, 2013,
at the Lafayette Park Hotel.
To learn more
about the Inns
Of Court and get
involved, contact President
Scott Reep at
707.748.0900 or
[email protected].
Northern California
Mediator / Arbitrator
16 years as Mediator
25 years as Arbitrator
33 years in Civil Practice
Roger F. Allen
510.832-7770
Ericksen, Arbuthnot
155 Grand Avenue, Suite 1050
Oakland, CA 94612
[email protected]
•Training includes Mediation Course at
Pepperdine University 1995
•Serving on Kaiser Medical Malpractice Neutral Arbitrators Panel
•Settlement Commissioner, Alameda and
Contra Costa Counties
•Experienced in all areas of Tort Litigation, including injury, property damage, fire loss, malpractice, construction defect
Morrill Law Firm
1333 N. California Blvd., Ste 620 • Walnut Creek, CA 94596
Phone 925.322.8615 • Fax 925.357.3151
Will & Trust Litigation
Financial Elder Abuse
Conservatorships
General Civil Litigation
Probate & Civil Appeals
Mediation
Joseph Morrill
Andrew R. Verriere
Nicole Morrill
Paralegal
33
COFFEETALK!
How have the court
budget cuts affected
you?
Unlawful Detainer matters have
been severely impacted because
of the budget cuts. UD’s have been
“farmed” out to several different departments within the Superior Court
in Martinez, Richmond and Pittsburg. After the closing of the Concord
Court, and Walnut Creek Court only
doing traffic, it has put a strain on
all of our summary proceedings. In
some cases, the Superior Court Judges
in Martinez would call their regular
civil calendar and after an hour or so,
would then call the UD calendar.
Since then, Commissioner Richards
has gone back to doing UD’s in
Pittsburg and Richmond as well as
his busy traffic calendar, and for that
we are truly grateful! In addition, the
assistance of the volunteer attorneys
serving as pro tems has made an
improvement on the flow of the UD
and small claims calendars. However, a regular presiding Commissioner
would be extremely beneficial, at
least for the Martinez calendar.
Terri L. Brewer
In October, 2012 a three day trial was
set for August, 2013. While this is a
case of some significance and while
the issues are limited to support and
fees, this is the earliest we could get
on the calendar of the particular
judge to whom we were assigned.
That individual is no longer handling family law.
Anonymous
My largest commercial collection
client has stopped litigating in California because of the delays in the
Courts state-wide, including Contra
Costa County. The client, which is located in Illinois, has determined that
with the delays and increased fees,
suing does not make economic sense.
The paralegal assigned to California
accounts is no longer employed by
the client. My income will be reduced as a result of the cutbacks.
Anonymous
I am presently participating in complicated property damage—inverse
condemnation jury trial in Department 13 before Judge Brady (Kelly
v. CCWD). Due to the recent budget
cut-backs, our trial time has been basically limited to four (4) afternoons
per week, with an occasional Friday
morning thrown in when the Court
can arrange the schedule.
The pace of the trial is very slow
given only 2 ¾ hours per day. After
four weeks of trial, plaintiffs’ counsel
is still presenting his case. The jury is
getting antsy, and just yesterday the
Bailiff informed us that several jurors
are concerned with their availability
should the trial go past April 15th,
which it surely will. Judge Brady
fears we will lose some jurors which
could result in a mistrial.
These budget cuts have increased the
cost of trial, created witness scheduling difficulties, caused witnesses,
most of whom are experts charging
for their time, an undue burden of
returning to court for multiple days,
and prevented the court from hearing other trials.
Craig L. Judson
Bold Polisner Maddow Nelson
& Judson
34
MAY 2013
CALENDAR
UPCOMING EVENTS | OVERVIEW
May 8 | Family Law Section
May 29 | CCCBA
View From the Bench New Judges
Fast Track Bench/Bar Roundtable
more details on page 36
May 10 | Employment Law Section
Violence in the Workplace: Employer Obligations,
Legal Issues and Threat Assessments
May 15 | Business Law & Corporate Counsel and Litigation Sections
The Ever Evolving Enigma of ESI (Electronically
Stored Information) and its Ethical Obligations
May 17 | Real Estate Section
Diversity: Special Challenges for the
Commercial Real Estate Bar
May 21 | CCCBA
Social Media & Legal Ethics - Part 2
of the Law Practice Management Series
May 23 | CCCBA
Get to Know Your Local Judges
June 6 | Barristers, Litigation and Pro Bono Sections
Deadlines, Depositions & Discovery
For the New Attorney (Part 3: Discovery)
June 6 | Family Law Section
How to Handle the Allegations
of Sexual Molestation
June 18 | CCCBA
Creating a Modern Law Practice - Part 3
of the Law Practice Management Series
June 27 | Women’s Section
CCCBA All Sections’ Summer Mixer
October 12-19 | CCCBA
Mexico MCLE
For up-to-date information on programs, please visit www.cccba.org/attorney/calendar
and/or subscribe to our weekly “Events & News” email.
To subscribe, text CCCBA to 22828.
35
May 8 | Family Law Section
May 10 | Employment Law Section
View From the Bench - New Judges
Violence in the Workplace: Employer
Obligations, Legal Issues and Threat
Assessment
Speakers: Hon. Barbara Hinton
Comm. Anita Santos
Hon. Ed Weil
Time: 12 pm – 1:15 pm
Location: Contra Costa Country Club
801 Golf Club Rd., Pleasant Hill
Breakfast is included.
Speakers: James Cawood, Threat Assessment Expert, Factor One
Thomas Klein, Esq., TKlein
Associates, Inc.
The Ever Evolving Enigma of ESI
(Electronically Stored Information)
and its Ethical Obligations
Wine and cheese reception to follow.
Cost: $50 for section members and law
student members, $75 for CCCBA members,
$100 for non-members
Moderators: Andrea Kelly Smethurst
Shannon Walpole
Speakers: Hon. Steve Austin
Jonathan Redgrave, Esq.
Kirk Pasich, Esq.
Jeffrey Rabkin, Esq.
Roger Brothers, Esq.
Time: 8 am – 9:15 am
Moderator: Linda DeBene, Esq.
Registration: Go to the Family Law website
at www.familylawsectioncontracosta.org
Location: Scott’s Seafood
1333 N California Blvd., Walnut Creek
Time: 3:30 pm – 5:30 pm
More Info: Contact Therese Bruce at
(925) 930-6789
MCLE: 1 hour general credit
Cost: $30 for section members, $25 for law
$45 for non-members
Registration: Online at
www.cccba.org/attorney/calendar
More Info: Contact Theresa Hurley at
(925) 370-2548
Location: JAMS Office Conference Room
1255 Treat Blvd. #700, Walnut Creek
MCLE: 1 hour general credit, 1 hour legal
ethics credit
Cost: $30 for CCCBA members, $35 for nonmembers
(925) 370-2548
May 17 | Real Estate Section
May 21 | CCCBA
May 23 | CCCBA
Diversity: Special Challenges for the
Commercial Real Estate Bar
Social Media & Legal Ethics - Part 2
of the Law Practice Management
Series 2013
Get to Know Your Local Judges
Speaker: Elaine Andersson, Bricta Media LLC
Time: 7:30 am – 9 am
Location: Scott’s Seafood
1333 N California Blvd., Walnut Creek
MCLE: 1 hour elimination of bias in the legal
profession credit
Cost: Free for section members, $5 for law
$35 for non-members
(925) 370-2548
This program is designed to provide you
with practical advice on how to engage in
social networking with prospects and clients
within the ethical parameters required by
the California Rules of Professional Responsibility. Stay after for a hands-on demonstration of effective uses of social media.
Speaker: Randy Wilson, Esq., DSD Law Site
Solutions
Time: 4:30 pm – 6:30 pm
Location: John F Kennedy University
100 Ellinwood Way, Room S312, Pleasant Hill
MCLE: 1 hour general credit, 0.5 hours legal
ethics credit
Cost: $10 for law student members, $20 for
CCCBA members, $30 for non-members
(925) 370-2548
36
May 15 | Business Law & Corporate Counsel
and Litigation Sections
MAY 2013
Join us for an opportunity to get to know
members of our local bench on a one-to-one
basis. Enjoy refreshments and conversation with Assistant Presiding Judge Austin
and Judges Laettner, Mockler and Johnson.
Hosted by Steele, George, Schofield & Ramos
LLP.
Time: 5:30 pm – 7 pm
Location: Steele, George, Schofield & Ramos
3100 Oak Rd., Suite 100, Walnut Creek
(925) 370-2548
May 29 | CCCBA
Fast Track Bench/Bar Roundtable
Members of the CCCBA are invited to attend
a meeting with Fast Track Supervising Judge
Craddick and other Fast Track judges to
discuss issues of general interest or concern.
The judges would like to know what’s on
your mind. Please submit discussion topics
to the Bar Association by May 24 via email
to Theresa Hurley at [email protected].
Lunch is included.
Speakers: Hon. Steve Austin
Hon. Laurel Brady
Hon. Judith Craddick
Hon. David Flinn
Hon. Barry Goode, Presiding Judge
Time: 12 pm – 1:30 pm
Location: Wakefield Taylor Courthouse
Dept 9, 725 Court St, Room 320, Martinez
(925) 370-2548
June 6 | Barristers, Litigation and Pro Bono
Sections
Deadlines, Depositions & Discovery
for the New Attorney
(Part 3: Discovery)
This is a three-part series. Part 3 will
examine all the new and relevant issues surrounding discovery in civil cases in California.
Lunch is included.
Speaker: Geoffrey Steele
Time: 11:30 am – 1:30 pm
Location: CCCBA Office
5th Floor Conference Room
2300 Clayton Road, Concord
MCLE: 1.5 hours general credit
$35 for non-members
CCCBA All Sections’ Summer Mixer,
Hosted by the Women’s Section
Learn techniques to create a cutting edge,
high quality law firm, utilizing technology
and online presence to dramatically increase
revenue. This program will explore the differences between law management practices
from the past and the current trends that
anyone can use to generate and sustain new
business in this day and age.
Location: Pyramid Alehouse
1410 Locust St., Walnut Creek
MCLE: 1.5 hours general credit
Cost: $10 for law student members, $20 for
(925) 370-2548
Time: 12 pm – 1:15 pm
Location: Contra Costa Country Club
801 Golf Club Rd., Pleasant Hill
$100 for non-members
Registration: Go to the Family Law website
at www.familylawsectioncontracosta.org
More Info: Contact Therese Bruce at
(925) 930-6789
Cost: Free for section members, $20 for
(925) 370-2548
CALENDAR
Creating a Modern Law Practice Part 3 of the Law Practice
Management Series 2013
Location: John F Kennedy University
100 Ellinwood Way, Room S312, Pleasant Hill
Speaker: Victoria Coad, Ph.D.
(925) 370-2548
June 27 | Women’s Section
How to Handle the Allegations of
Sexual Molestation
June 18 | CCCBA
Speaker: Katharine Hooker, Partner, Family
Law Group, LLP
June 6 | Family Law Section
37
CLASSIFIEDS
advertisers’ index
The Ace Fiduciary Group . . . . . . . . . . 14
ADR Services . . . . . . . . . . . . . . . . . . . . . . . 15
Roger F. Allen . . . . . . . . . . . . . . . . . . . . . . 33
David Arietta . . . . . . . . . . . . . . . . . . . . . . 13
Barr & Barr Attorneys . . . . . . . . . . . . . . . 4
CONCORD LAW OFFICE NEAR BART
On Clayton Road. 1 or 2 Offices with Library,
Kitchen, Reception Area. Free Parking. Overflow Cases Possible. Call Joe at (925) 687-9121
Bray & Bray . . . . . . . . . . . . . . . . . . . . . . . . 11
Jay Chafetz . . . . . . . . . . . . . . . . . . . . . . . . . 17
Diablo Valley Reporting Services . . 40
Frankel Goldware Ferber LLP . . . . . . . 4
Margaret M. Hand . . . . . . . . . . . . . . . . . 24
JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
LOCAL OFFICE SPACE AVAILABLE
Large office available in a 4 attorney suite in
Walnut Creek. The suite includes 2 conference
rooms, kitchen area, secretarial bay, reception
area and underground parking. Additional
underground storage may also be available.
One block from BART in one of the best buildings in Walnut Creek. Call 925-360-5005.
ACUNA CONSULTING EXPERTISE
Attorney & Fiduciary Support Services
Conservator, Probate, Estate Accounting.
Practice management, system implementation
and strategic business planning. Expert witness,
professional; timely excellence.
Loren R. Acuña, MBA, CPFL #534
[email protected] | (925) 906-1882
PROBATE PARALEGAL
TO ATTORNEYS
Joanne C. McCarthy. 2204 Concord Blvd.
Concord, CA 94520. Call (925) 689-9244.
38
MAY 2013
PROFESSIONAL OFFICE SPACE
Lenczowski Law Offices . . . . . . . . . . . . 13
One large professional window office, plus two
fully-furnished modular work stations. Attorneys or CPAs preferred for professional suite
shared with attorneys and CPAs. 1600 South
Main Street, Walnut Creek, near Kaiser Hospital. Convenient freeway access. Ample parking
for tenants or clients. Newly remodeled space
in building with a parklike setting. Shared space
includes reception, conference room, kitchen,
workroom, and file space. Café/Deli in building.
Respond to Brandt Andersson: (925) 935 1050
or [email protected]
Morrill Law Firm . . . . . . . . . . . . . . . . . . 33
WALNUT CREEK OFFICE SPACE(S)
TO SHARE
This corner suite on the second floor has three
offices, two admin spaces, an open client waiting/sitting area and a full kitchen with a Bizhub
color copy/print machine. One office and one
admin space is occupied by a financial advisor
with an assistant. The other two window offices are available for immediate sub-lease with
the option of utilizing the additional admin
cubicle space for your full-time or part-time
assistant. You may lease one office, two offices and (with or without) the admin space.
The monthly rent will be based upon the space
configuration you choose. The full kitchen
includes a full size refrigerator, microwave,
dishwasher, sink and lunch table. A long term
lease is preferred. Close to Bart and freeways.
Call today to schedule a viewing!
- Carmen (925) 932-8609
Mullin Law Firm . . . . . . . . . . . . . . . . . . .13
Palmer Madden . . . . . . . . . . . . . . . . . . . . 39
Perry A. Novak ,
UBS Financial Services, Inc. . . . . . . . . . . . . 2
David B. Pastor . . . . . . . . . . . . . . . . . . . . . 39
Pedder, Hesseltine, Walker
& Toth, LLP . . . . . . . . . . . . . . . . . . . . . . 13, 17
Scott Valley Bank . . . . . . . . . . . . . . . . . . . 9
Candice Stoddard . . . . . . . . . . . . . . . . . . 39
WestlawNext,
Thomson Reuters . . . . . . . . . . . . . . . . . . . 3
Michael J. Young . . . . . . . . . . . . . . . . . . . 16
Youngman & Ericsson, LLP . . . . . 19, 29
Zandonella Reporting Service . . . . . 19
ConServAtorShiPS
ProBAteS
CriMinAl DefenSe
Interested in
Advertising
in the
Contra Costa Lawyer?
Contact Dawnell Blaylock
at (925) 370- 2542 or
[email protected]
David B. Pastor
CCCBA MeMBer
SinCe 1977
PRINT RATES:
Full page: Full page Color:
2/3 page: 1/2 page:
1/2 page Color:
1/3 page: 1/6 page:
Business card:
1/12 page:
ONLINE RATE:
$ 550
$ 690
$ 500
$ 415
$ 520
$ 350
$ 215
$ 165
$ 125
• Free Consultation •
Law Offices of
DAviD B. PAStor
www.davidbpastor.com
1280 Boulevard Way, Suite 212 • Walnut Creek, CA 94595
925-932-3346 • [email protected]
Candice E. Stoddard
Personal Injury
Real Estate Litigation
Trust and Estate Disputes
Mediation
n
Law Offices of
Candice E. Stoddard
1350 Treat Blvd., Suite 420
925.942.5100 • fax 925.933.3801
[email protected]
Practicing law in the East Bay for over 25 years
$165/ month
Substantial discounts
available for 3 insertions
and more.
CLASSIFIEDS - PRINT:
Member rates are $15.00
per line for a one- time
insertion and $12.50 per
line for three or more
insertions.
CLASSIFIEDS ONLINE:
$50/ month flat fee. In
addition to text, you may
submit photos or graphics
to be posted along with
your classified ad at no
additional charge.
effectiveness
Palmer Madden has conducted more than
1,000 mediations since 1981. One jurisdiction
reported that he has over a 90% settlement rate.
experience
His 25 years of experience as a trial attorney gives
him an understanding about clients that has proven
time and again to be critical in tough cases.
efficiency
He does not carry the overhead of other
mediation firms (no administrative fees) which means the price is always right!
palmer brown madden
925.838.8593 | WWW. ADRSERVICES.COM
Over 25 years’ experience as an ADR neutral
39
DIABLO
VALLEY
REPORTING
SERVICES
Certified Shorthand Reporters
Serving the entire Bay Area
• Deposition Reporting
• Experienced Professional Reporters
• Computerized Transcription
• Deposition Suites Available
• Expeditious Delivery
• BART Accessible
2121 N. California Blvd.
Suite 210
925.930.7388
fax
925.935.6957
[email protected]
40
MAY 2013

- Contra Costa County Bar Association

Transcription

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