Law Day Dinner - Sacramento County Bar Association

Transcription

LAW_JULAUG_2010_Sac LawNOV/DEC04 11/7/14 8:13 AM Page 1
SACRAMENTO
COUNTY BAR
ASSOCIATION
MAGAZINE
July/August 2010
www.sacbar.org
A Spotlight on
SCBA Affiliates
ABAS Law Foundation
Wine Tasting at Pavilions
Law Day Dinner
MCLE Spotlight: Arbitration
Editor’s Message
As
I write this, the weather is warming up and
many people are contemplating vacations.
Rest assured, however, that your SCBA is not being lazy.
Representatives of Sections, Affiliates, Committees, and
Board members were recently invited to participate in a daylong SCBA planning session held at the JAMS office in South
Natomas. Thanks JAMS for the use of your very nice board
room! The session was facilitated by an ABA planner who will
summarize our ideas and make recommendations to the Board
of Directors. Her summary will describe SCBA’s framework for
a three-year invigoration of what best represents you - our
members, the legal community, and the community at large.
June Coleman and Helene Friedman have been busy
planning the SCBA Annual Bench-Bar Reception, scheduled
for October 6th at the Towe Auto Museum. Along with a
great location, a jazz combo will perform – see the back cover
for initial details and watch for the next issue of Sacramento
Lawyer to find out about our sponsors and final details,
including the Judge of the Year awardee. See page 25 for
information on the traditional accompaniment to the Bench
Bar Reception, the Instant Wine Cellar raffle, and how you
can donate to the Sacramento Law Foundation’s offerings.
The members of the Wiley W. Manuel Bar Association
(WMBA) are setting the stage for Legal Fusion this August
28th. See page 24 for information on the event and pages
20-21 for information on the origins of both the WMBA and
the Asian Bar Association (ABAS). Speaking of ABAS, they
just held their annual wine tasting – see page 22 – and are
preparing for their annual Fall Golf Tournament at Turkey
Creek on September 12 – see page 4. Women Lawyers of
Sacramento (WLS) has also been planning their 17th
Annual Artfest, September 15th at the Vizcaya (details on
the inside back cover). Also, in the planning stages this
Heather Cline Hoganson
summer, is the 20th Anniversary Celebration of the SCBA
Diversity Fellowship Committee, October 1st at the Arden
Hills Resort Club and Spa – see page 33. And, the Barristers
are continuing their preparations for their annual Summer
Associates Reception on July 15th at the Park Ultra Lounge.
Finally, fresh from celebrating their second anniversary, the
South Asian Bar Association (SABA) will hold a wine tasting
on July 14th at 58° & Holding Company. It’s great that we
have an excuse to visit so many places around Sacramento.
Hard to keep all of these events straight? Turn to our calendar, page 33, for a wrap-up.
Now, to toot our own horn, the Sacramento Lawyer
Policy Committee and the MCLE Committee (a powerful
committee of one: Daniel Yamshon) present a new feature
for you – a way to get self-study MCLE credit at a cost less
than other providers. See Dan’s article on page 5 for details
and the first MCLE article and quiz, also by Dan, starting on
page 12. Thank you, Dan, for all of your hard work on
helping us put this together! Thanks also for your monthly MCLE / Section Representative meetings with food and
MCLE credit!
Please let us know if you have suggestions for the MCLE
spotlight or anything else you’d like to see in this magazine.
We are toiling through these lazy days of summer to bring
you the best. Stay cool!
EXECUTIVE DIRECTOR
Carol Prosser
OFFICERS
R. Todd Vlaanderen - President
Michael Levy - 1st Vice President
June Coleman - 2nd Vice President
Stephen Acquisto - Secretary Treasurer
EDITOR-IN-CHIEF
[email protected]
TEXT EDITOR
Larry Duran
SACRAMENTO LAWYER POLICY COMMITTEE
Larry Duran
Helene Friedman
David Graulich
Coral Henning
Yoshinori H.T. Himel
Jack Laufenberg
2
SACRAMENTO LAWYER JULY/AUGUST 2010
COURTHOUSE STEPS
[email protected]
SURFING FROM RIVER CITY
Coral Henning (916) 874-6013
[email protected]
ADVERTISING - EVENTS
MEMBER CLASSIFIED ADS
Michelle Bender (916) 564-3780 x200
[email protected]
DESIGN AND LAYOUT
Mary Burroughs Studio.com
[email protected]
BOARD OF DIRECTORS
DIRECTORS AT LARGE
Helene Friedman
Theresa LaVoie
Richard Miadach
Danielle Moyer
Lori Okun
John Wagner
Michael Wise
SACRAMENTO LAW FOUNDATION
Kimberly Lewellen, saclawfoundation.org
AFFILIATE REPRESENTATIVES
Asian Bar Association (ABAS)
Kathryn Doi
Barristers’ Club
Dan Stouder
Federal Bar Association
Jean Hobler
Capitol City Trial Lawyers
Kerri Webb
Saint Thomas More Society
of Sacramento (STMS)
Herb Bolz
Sacramento Lawyers for
the Equality of
Gays and Lesbians (SacLegal)
Patrick Hostine
South Asian Bar Association
Shama Mesiwala
Wiley Manuel Bar Association
Jean-Pierre Francillette
Women Lawyers of Sacramento
Patricia Sturdevant
SACRAMENTO
COUNTY BAR
ASSOCIATION
MAGAZINE
Table of Contents
V O L U M E
1 1 0 ,
N U M B E R
LITIGATION
8
View from the Civil Bench – “With All Due Respect” …
Not Really
MCLE SPOTLIGHT
12 Drafting an Arbitration Clause
4
•
J U L Y / A U G U S T
DEPARTMENTS
2
Editor’s Message
6
President’s Message
7
Around Town
10 Law Library News
11
26
33
33
2 0 1 0
Surfing from River City
Courthouse Steps
Calendar
Index to Advertisers
SPOTLIGHT ON AFFILIATES
20 Founding WMBA and ABAS: Precursors, Formation,
and First Banquet
22 ABAS Law Foundation Wine Tasting at Pavilions
24 Legal Fusion 2010 – Building a Bridge From Our Past
to Our Future
SCBA NEWS
5
Sacramento Lawyer and Sacramento County Bar Association
MCLE Committee to Offer New Feature
7
And the Sacramento Law Foundation Grants Go To….
29 Update on 2010 Sacramento “Food from the Bar” Program
18
SECTION & AFFILIATE NEWS
30 Barristers’ Club of Sacramento Update
OPERATION PROTECT & DEFEND
14 Modern Masters of America Art
18 Law Day Dinner
COMMUNITY SERVICE
27 Conflict of Interest Rules Eased for Pro Bono Clinic Services
7
Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to [email protected]. The Sacramento County Bar Association reserves the right to edit
articles and letters sent in for publication. Please contact SCBA 916-564-3780 x200 for deadline information, fax 916-564-3737, or e-mail [email protected]. Web page: www.sacbar.org.
Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association.
Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.
LaRaza
Michael Terhorst
COMMITTEE / SECTION
REPRESENTATIVES
Lawyer Referral and Information
Service (LRIS)
Don Hansen
Conference of Delegates
Emory King
Indigent Defense Panel (IDP)
Kevin Adamson
Section Representative
Daniel Yamshon
Voluntary Legal Services
Program (VLSP)
Victoria Jacobs
SECTIONS
Administrative Law
Tim Morgan
Alternative Dispute Resolution
Ken Malovos
Appellate Law
Brendon Begley
Bankruptcy &
Commercial Law
Phil Rhodes
Business Law
BJ Susich
Children’s Counsel
Diane Wasznicky
Constitutional Law & Civil Rights
Carrie Frederickson
Environmental Law
Keith Wagner
Family Law
Jeff Posner
Health Care
Brian Taylor
Intellectual Property
Glen Gross
Labor & Employment Law
Teri Block
Probate & Estate Planning
Bruce Hudson Towne
Real Property
Brandon Williams
Tax Law
Keith Pershall
Worker’s Compensation
Martin Beaver
COMMITTEES
Bylaws
BJ Susich
Continuing Education of the Bar
Daniel Yamshon
Diversity Hiring and Retention
Linda Partmann
Fee Arbitration
Jan Karowsky
Judicial Review
Philip R. Birney
Judiciary
Diane W. Wasznicky
Long Range Planning
Shama Mesiwala
Pictorial Directory
Helene Friedman
Sacramento Lawyer Policy
Heather Hoganson
Sacramento Lawyer (USPS 0981-300) is
published bi-monthly by the Sacramento
County Bar Association, 1329 Howe
Avenue, #100, Sacramento, CA 95825. Issn
1087-8771. Annual subscription rate: $6.00
included in membership dues, or $24.00
for nonmembers. Periodicals postage paid at
Sacramento, California. Postmaster: Send
address changes to Sacramento Lawyer,
1329 Howe Avenue, #100, Sacramento, CA
95825. Copyright 1999 by the Sacramento
County Bar Association.
Each author’s commentary reflects his/her
individual opinion only and not that of
his/her employer, organization with which
he/she is affiliated, or Sacramento Lawyer
magazine, unless otherwise stated.
JULY/AUGUST 2010 SACRAMENTO LAWYER
3
SCBA News
Sacramento Lawyer and Sacramento
County Bar Association MCLE Committee
to Offer New Feature
By Daniel
Yamshon, MCLE
Committee Chair
T
he Sacramento Lawyer policy committee recently
approached me with what I thought was a brilliant
idea: Offer independent study MCLE through the magazine. It is more than a simple opportunity to get pain-free
MCLE credits. As any member of the Sacramento County
Bar Association may submit an article, it presents you, as a
member, the opportunity to put your name before the entire
bar association as an expert in your field.
The first self-study MCLE feature appears in this issue
and is another way for this magazine to be relevant to readers. There is a nominal scoring fee to cover the cost of grading the tests. Upon successful completion, test-takers will
be sent a certificate for their records.
Your article submission should be accompanied by a
multiple choice test; twenty questions will allow the user
to obtain one hour of MCLE. There is no limit to the topics you may cover as long as they are related to law, ethics,
law practice, substance abuse, or reducing discrimination.
Similar to speakers at MCLE presentations, MCLE feature
authors can claim research and writing time as MCLE
credit. I will provide you with an easy, fail-safe template
for formatting the test; we will take submissions in
any common word processor format via e-mail to
[email protected].
If you have any questions or would like to submit a selfstudy feature, feel free to e-mail me at
[email protected]. I look forward to
hearing from you.
Paul S. Hokokian, Esq.
Mr. Hokokian, former chair of the State Bar’s Regulation, Admission and Discipline
Committee, represents lawyers facing State Bar discipline. He will also consult on ethics.
Mark Twain: “The man who represents himself has a fool for a lawyer.”
Paul will provide you the dedicated, diligent attention to preserve, protect your Bar Card
and maintain your professional reputation. Paul will schedule evening or Saturday
appointments in his Sacramento office to accommodate your professional obligations.
If the bar calls, call Paul.
[email protected]
(559) 268-1177 Office
(559) 355-9647 Cell
(888) 648-1177 Toll Free
(559) 268-1177 Fax
5
President’s Message
Brick Walls and Moving
Forward Together
By Todd Vlaanderen
So
I admit it, I hit a brick
wall near the end of
April. I suppose every president has
done so in the past at some point or
another, but it was still hard to take.
I started this year with lots of energy
and connected with as many parts
of the Sacramento County Bar
Association as I could. I made it a
priority to talk with the Chair of
every SCBA Section, the Chair of
every SCBA Committee and the
President of every SCBA Affiliate. By
the end of April I was running out of
steam and ran head on into the brick
wall. However, I am happy to say
6
that I feel like I am back on track and
moving forward.
One of my goals this year is to
unite the many parts of SCBA and
help everyone work together. To help
everyone realize how each part is connected to the rest of the whole and
help us all feel….well…associated.
After all, we are an association.
My first step was to evaluate all the
committees, get them full of interested
and motivated members and then
connect them with each other. For
example, the Pro Bono Committee
needs to work with the Electronic
Media Committee to make sure we
effectively communicate pro bono
opportunities to our members as part
of the new website. The Electronic
Media Committee needs to work with
the Membership Committee to see
how our new website and social
media, like Facebook and Twitter, can
help connect and increase our membership. The Membership Committee
needs to work with the Long Range
Planning Committee to effectively
communicate member needs in order
to make sure the Long Range Planning
Committee is on the right track.
Connecting the committees like this
will help everyone work together in
the same direction. This part is done
or at least on track.
My next step was to connect with
the Sections and find out what they
were doing, what they needed and
what SCBA staff and the Board could
do to make them more successful. I
made it a priority for myself and other
Board members to attend Section
functions and report on SCBA activities in general. I want the Sections to
know they are an important part of
SCBA and feel like staff and the Board
are supporting their work.
By the time you read this, I will
have visited with the Chair of
every Committee and the Chair
of every Section and the President of
every affiliate. Now I will make it a
priority to connect with everyone
again and then again before the end
of the year.
SCBA News
And the Sacramento Law Foundation Grants Go To….
T
By Stephen Duvernay
his Spring, the Sacramento Law Foundation—the
charitable arm of the Sacramento County Bar
Association—awarded over $15,000 in grants to local
organizations improving access to justice in and contributing to the integrity of the legal profession.
Grantees included:
• Sacramento Court Appointed Special Advocates (CASA):
$7,500 grant to fund an advocate for youth transitioning
out of the foster care system.
• California Rural Legal Assistance Foundation: $7,500 grant
to support lawyers providing pro bono assistance to the
Foundation’s Sacramento Valley Citizenship Campaign.
• Rio Americano High School CIVITAS Academy: $1,000
SCBA President Todd Vlaanderen, SLF Board
Member Steve Duvernay of Klinedinst PC,
CASA Executive Director Carol Noreen, and
CASA Board President Randee Sandlin of
Dreyer Babich Buccola Callaham & Wood
(Photo courtesy of Grey Horse Photography).
to help fund a field trip to the Capitol, where students
have the opportunity to advocate policy proposals to
California’s elected officials.
The Sacramento Law Foundation is a 501(c)(3) nonprofit corporation that provides support and issues grants
to programs that improve the administration of justice,
enhance public confidence in the legal profession, and cultivate understanding of and respect for the rule of law.
SLF depends on contributions from lawyers like you. To
volunteer, make a contribution, or for more information about
the SLF, visit its website at http://saclawfoundation.org.
Mr. Duvernay is a Member of the Board of the SLF, and an associate at Klinedinst PC.
Stephen Duvernay, CIVITAS Student Jennifer Chavez, Rio Americano Teacher
and Director of CIVITAS Linda Reed, SLF Board Members David Graulich and
Richard Miadach of Olson Hagel & Fishburn.
Around Town
UC Davis La Raza Law Students'
annual "Patiño Banquet." L to R:
Sacramento County Superior Court
Judge David De Alba; law student
Amparo Cid, the winner of this
year's Lorenzo Patiño Community
Service Award; Sacramento County
Superior Court Judge Elena Duarte,
this year's banquet keynote speaker; law student Emilio Camacho,
chair of the banquet organizing
committee. (Photo by Johnny Colon, UC Davis School of Law)
The Patiño Banquet is named after the late Lorenzo E. Patiño, a 1973 UC Davis School
of Law graduate and the first Chicano municipal judge in Sacramento. He died in 1983, at
age 35, after battling with leukemia. Judge Patiño was dedicated to empowering poor
communities in the Sacramento area and founded the Lorenzo Patiño School of Law.
On March 24, 2010, Ken Malovos and
Daniel Yamshon presented "You Avoided
the Old Traps, Now Watch For the New
Pitfalls," an annual case law update to the
Alternative Dispute Resolution section.
7
Litigation
VIEW FROM THE CIVIL TRIAL BENCH:
“With All Due Respect”…Not Really
By Judge Judy Holzer Hersher
This article represents the thoughts and
opinions of the author and should not be
considered court policy or the opinion of other
trial judges. Comments and suggestions for
future articles are welcome and should be
addressed to [email protected]
We
have all heard it
used in the courtroom, and many of us, at one time in
our careers, have said it in Court.
Some have used it in its literal meaning, but most, including attorneys,
judges, criminal defendants and even
movie characters have used it to convey the exact opposite.
Preface an argument in front of a trial
judge with the phrase “with all due
respect,” and the judge will expect an
insult. This is because the phrase is
commonly used to provide cover for a
statement that expresses disdain for the
position the judge has adopted by his or
her ruling, the robe, or the person wearing it. It is less and less used to convey
a feeling of appreciative or deferential
respect or esteem, its literal meaning.
Evidence of the current use and
meaning of the phrase can be found
everywhere—in reported appellate
decisions and on the internet, as well
as in courtrooms. One need look no
further than a widely distributed clip
on Youtube of Will Ferrell playing an
irreverent NASCAR driver Ricky
Bobby in Talladega Nights, to understand why judges react negatively to
the phrase. In one scene from the
movie, Ricky Bobby has just won a
race during which he made an
obscene gesture that was caught on
television. His sponsor, Larry Dennit
Jr., played by Greg Germann, con-
8
fronts him in the winner’s circle and
the following dialogue ensues:
Dennit: “Ricky, early word out of
NASCAR is your little obscene
gesture is going to cost you 100
points. Do you know how much
that costs us in sponsorships?”
Ricky Bobby: “With all due respect
Larry, I had no idea you had gotten experimental surgery to have
your b_lls removed.”
Dennit: “That’s incredi…What,
what did he, ..what did he say?
What was that?”
Ricky Bobby: “Well, I said it with
all due respect.”
Dennit: “No, no, it that doesn’t
mean you get to say whatever you
want to say to me.”
Ricky Bobby: “Yes, sure as heck
does.”
Dennit: “No, no it doesn’t mean
that.
Ricky Bobby: “Yes, it does. It
says so in the Geneva Convention,
look it up.”
Believe this is just Hollywood?
Compare the above dialogue to that
reported in People v. Stephen Walter
Pigage (2003) 112 Cal.App.4th 1359,
1370-1375. In Pigage, the defendant
was tried and convicted on various
drug charges. During the trial, a “heated debate” took place between the
judge and the prosecuting attorney.
The defendant had failed to appear on
the second day of trial, and counsel
and the court discussed how the judge
would handle that issue in front of the
jury. Specifically, court and counsel
discussed whether the court should
instruct the jury to ignore the defen-
dant’s absence or whether it should
give an instruction that flight could be
considered by the jury as evidence of
the defendant’s guilt. The decision
contains an extensive discussion
about the alleged reasons for the
defendant’s absence. Acknowledging
that there was an argument for giving
the jury an instruction that showed
flight as evidence of guilt, the Court
reasoned that under the unique circumstances of the case, it would not
do so and would instead instruct the
jury to disregard the defendant’s
absence in reaching its verdicts.
Beginning at page 1370, the appellate
opinion includes a verbatim recitation
of the colloquy between the deputy
district attorney (Mr. Flory), who was
not happy with the court’s decision,
the court and defense counsel.
Deputy District Attorney: “With
all due respect, your honor, I’m
still going to argue—not the flight
instruction, obviously—but I’m
going to argue consciousness of
guilt for him not being here. I
have pulled cases for the court
which show that [sic] is proper,
and I am just letting everyone
know I’m arguing for it.”
[Defense counsel]: “Your honor,
I would object to that argument
and request the court to admonish the prosecution not to argue
that point.”
The Court: “I think under my
ruling that would be improper
argument.”
Deputy District Attorney: “I’m
still going to argue it, with all due
respect.”
The Court: “Well, in the face of
my ordering you not to, Mr.
Flory?”
Deputy District Attorney: “Yes.”
The Court: “I think that’s
unwise.”
Deputy District Attorney: “I
have cases to back me up in this
one, your honor, with all due
respect—I really do mean that.
But by limiting me from arguing
something which the Court of
Appeal says I can argue—is I
don’t want to say a bad ruling. I
do mean with all due respect.”
The Court: “Well, Mr. Flory, let
me just ask you to review that in
your mind, because I think violating a direct order of the court,
regardless of what you think the
cases say, is improper on your
part, and I don’t think you need
to do that in this case.”
Deputy District Attorney: “I’ll
think about it.”
There is no mistaking the true
import of the deputy district attorney’s argument. Mr. Flory apparently
believed, like Ricky Bobby, that if he
said the magic words—with all due
respect—he was immune from contempt of court, and that he could
express his contempt by cover of the
phrase. The Pigage court disagreed.
The record was forwarded to the
California State Bar for review and
possible discipline by order of the
appellate court. (People v. Pigage
(2003) 112 Cal.App.4th at pgs.
1374-1375.)
In People v. Uecker (2009) 172
Cal.App.4th 583, the defendant was
accused of stalking a female real
estate agent by leaving over 30
increasingly agitated and haunting
messages on her telephone. Danny
Greg Uecker bragged of a long history of rape. He reportedly told his
cellmate that he would get into the
victim’s lives by drawing them in
“under false pretenses.” One of his
final messages to the victim was
punctuated with the following: “So,
with all due respect, I’d like to finish
this with you. But I want to handle
this with you—I want you to handle
this or at least handle my issues, anyway.” (Id. at pgs. 589-590.) In context, there was of course nothing
respectful about the defendant’s
import, but his use of the phrase was
consistent with those who believe
that they can hide their disrespect,
anger or contempt with four words.
Context is everything. While some
might read it otherwise, the way an
appellate decision is crafted reveals
whether the stated “with all due
respect” by its judicial author is consistent with its literal meaning or not.
In short, there are times when judges
use the phrase more as cover than
polite expressions of deference.
In Jimenez v. Superior Court of
San Diego County (2002) 29 Cal.4th
473, 484-493), in a biting and hard
hitting concurrence and dissent, a
California Supreme Court justice
criticizes the majority for “fail[ing]
to recognize, much less resolve on
any principled basis, the tension
generated by resorting to strict
products liability despite …alternative remedies and the total absence
of safety concerns.” Jimenez holds
that the manufacturer of windows
for mass produced homes can be
held strictly liable in tort for harm
from any defective windows and
resulting physical damage to other
parts of the house.
The author
writes separately that the majority
“blindly defaults to appellate court
decisions without searching analysis.” In discussing certain lower
appellate court decisions, these
courts too are taken to task for their
faulty legal analyses. The stinging
tenor of the separate opinion is
punctuated at one point with the
phrase “with all due respect,” yet in
context it leaves little room for deferential regard. (See that portion of
the decision that begins with “In a
single paragraph and without significant analysis (maj. Opn., ante,
p. 484) the majority sharply narrows the economic loss rule and
thereby substantially erodes the
demarcation between contract and
tort law in California…”) See, also,
Nolan v. City of Anaheim (2004) 33
Cal. 4th 335, 355, wherein the
California Supreme Court considered whether a law enforcement
officer was eligible for disability
retirement. The California Public
Employees’ Retirement System
(CalPERS) filed an amicus brief and
argued that any effort to come up
with a general description of “usual
duties” for the job was impossible
and would require assumptions that
simply would “not be administrable.” The Court was clearly dismissive of the CalPERS position,
described its legal argument as really nothing more than a “straw man”
concept devoid of merit, and pointed out that other agencies routinely
come up with usual job duty
descriptions. Although the Court
stated its opinion “with all due
respect” to the expertise of CalPERS,
there was little admiration or
esteem in context.
There are, of course, instances
where attorneys and judges use the
phrase in its intended and literal
sense, but they are lost in the din of
modern usage. If trial attorneys want
to be heard on the merits of their arguments, they should punctuate their
arguments with incisive but respectful
straightforward legal and factual
analyses. This will focus the attention
of the trial judge on the issues, rather
than a false gesture of respect.
9
Law Library News
Sacramento County Public Law Library News
Robyn Moltzen, Public Services Librarian, Sacramento County Public Law Library
Spotlight on the Collection: Legal
Profession and Law Practice
Management
Whether you are a seasoned attorney on the verge of
retirement, or a recent law school graduate who just passed
the California State Bar Exam, you can benefit from the
Sacramento County Public Law Library’s Legal Profession
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The Sacramento County Public Law Library has an
excellent collection of materials to keep attorneys on the
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California Practice Guide: Professional
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The Rutter Group publishes this title that provides quick
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Call or email:
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for pricing information
10
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Fee Agreement Forms Manual, by CEB. KFC
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It includes discussions on topics ranging from the intricacies of personnel management to law office ergonomics to
how law offices can utilize the Internet.
Legal Malpractice, by Ronald E. Mallen and Jeffrey M. Smith.
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Legal Malpractice focuses on prevention, insurance, and
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The California Guide to Opening and Managing a
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As a sole practitioner or the head of a small firm, you
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The Lawyer’s Guide to Governing Your Firm, by
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This guide is a practical and valuable resource for those
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It provides strategies to change the culture of the law firm,
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partnership issues and basic running of the law firm.
The following titles have been ordered and will be available in the law library very soon:
An Introduction to Law Firm Practice, by Michael
Downey.
Online Resources for
Opening a Small Business
Compiled by Kate Fitz, Public Services Librarian, Sacramento County Public Law Library
It’s often said that small businesses are
the engine of recovery. If your clients or
friends ask you for information about starting a business, or if you are thinking of
opening a business or office of your own,
these websites offer invaluable information
about how to found and run a small business in the Sacramento area.
California Secretary of State
www.sos.ca.gov/business/business.htm
The Secretary of State’s office oversees
business formation and records. Here you
will find information about forming, licensing and terminating corporations and other
businesses; registering trademarks; UCC filings; tax requirements; and more. Find out
if the name you want is available, and
reserve it at this site as well. A useful page
explains the different types of business
entities available in California at:
http://www.sos.ca.gov/business/be/sta
rting-a-business-types.htm.
CalGold’s “Business Permits Made
Simple”
http://www.calgold.ca.gov/
Part of the Governor’s Office on
Economic Development
(http://business.ca.gov/), this site offers
This new handbook offers a systematic study of how lawyers practice law
at private firms and how a law firm
operates. Whether you're a law student
interested in working in a law firm or a
young lawyer who would like to gain a
better understanding of how your law
firm operates, this guide will provide
you with the "ins" and "outs" you need
to help you navigate your way through
a law firm and excel in your profession.
How Good Lawyers Survive Bad
Times, by Sharon D. Nelson, James
A. Calloway, and Ross L. Kodner.
How Good Lawyers Survive Bad
Times will provide you with a wealth
of tips, resources, and tools to help
you survive in bad times, as well as
teach you management, finance, marketing and technology essentials necessary to succeed.
The 2010 Solo and Small Firm
a simple way to determine what permits are
required for California businesses in 147 different categories, from “acupuncture” to
“wrecking and demolition contractor.” Select
business type and location and receive a list
of relevant agencies, from your local city
finance office to state licensing boards.
“Doing Business in Sacramento” (City
of Sacramento)
http://www.cityofsacramento.org/webt
ech/business/business.htm
This site gathers information about permits and other requirements for businesses in
the City of Sacramento, as well as links to the
city’s bid center, building and planning forms,
and more. The site also has links to demographic information, maps, opportunity
zones, and instructions for becoming a citycertified small business. Other cities may have
similar information on their sites or through
their business or finance departments.
Business.gov (U.S. Small Business
Administration)
www.business.gov/
Business.gov helps small businesses
understand their legal requirements and
locate government services from federal,
state and local agencies. This site aims to be a
Legal Technology Guide, by Sharon
D. Nelson, John W. Simek, and
Michael C. Maschke.
This annual guide is the only one of
its kind written to help solo and small
firm lawyers find the best technology for
Main Library
813 Sixth Street, First Floor
Sacramento, CA 95814-2403
916-874-6011
www.saclaw.org
www.facebook/saclawlib
www.twitter/saclawlibrarian
NEW ACQUISITIONS
Genealogical Evidence
Aegean Park Press
KF8936 .S74 1989
Understanding and Mitigating Identity Theft
Aspatore (West)
KF9367 .U53 2009
one-stop shop for information on starting a
small business, finding loans and venture capital, learning about local, state and federal
requirements for your business, legal issues
facing business, and more. The site includes
a useful start-up section at
http://www.business.gov/start/, and also
has a page with California-specific information and opportunities at
http://www.business.gov/states/california/.
“Law Practice Management” (State
Bar of California)
http://www.calbar.ca.gov/state/calbar/c
albar_generic.jsp?cid=10113&id=25465
If you are considering opening your
own practice, or already have your own
practice and need some attorney-specific
information, the State Bar website has a section for you. From tips for operating a
“green” office to information about insurance, ethics and client trust accounts, to
closing or selling a law office, the State Bar’s
website has good information. It also refers
you to The California Guide to Opening and
Managing a Law Office, which you can purchase from the State Bar’s site—or, if you
like, check out from the Sacramento County
Public Law Library.
their dollar. You'll find the most current
information and recommendations on
computers, servers, networking equipment, legal software, printers, security
products, smart phones, and anything
else a law office might need.
Criminal Procedure in Practice, 3rd Ed.
National Institute for Trial Advocacy
KF9656 .M29 2009
2010 California Labor Law Administration:
A Guide for Compliance with California and
Federal Employment Laws and Practice
California Chamber of Commerce
KFC570 .C35 2009
California Disabled Accessibility Guidebook
(CalDag 2009)
MPG Pub. Co.
KFC819.H35 G53 2008
California Manual of Temporary Traffic
Controls for Construction and Maintenance
BNI/CalTrans
KFC477 .A449 C35
11
MCLE Spotlight
Drafting An Arbitration Clause
By Daniel Yamshon
A
lthough mediation receives most of the attention
of ADR marketing, ADR providers such as JAMS
and the American Arbitration Association report the bulk of
their cases commence as arbitration filings. In many sectors
of the economy such as labor-management relations and
construction, ADR is the norm, rather than the exception.
The American Institute of Architects and the Associated
General Contractors of America, for example, have ADR
clauses in their standard form contracts as does the
California Association of Realtors.
Contractual arbitration is typically binding; there is no
appeal from binding awards except on a few very narrow
grounds, for example, an arbitrator exceeding their jurisdiction by determining an issue not raised in the arbitration. California cases generally hold that if arbitrability or
arbitral jurisdiction is an issue, the issue is for the court to
decide unless the arbitration agreement clearly and unmistakably vests those powers in the arbitrator. Incorporation
of an ADR provider’s arbitration rules is deemed to be “clear
and unmistakable” as the rules are available to anyone.
Gilbert Street Developers, LLC v. La Quinta Homes, LLC
(2009) 174 Cal. App. 4th 1195. Thus, if the arbitration
clause incorporates rules allowing the arbitrator to determine jurisdiction, they may, if the issue arises.
Section 10 of the Federal Arbitration Act (FAA) provides only four grounds to vacate an arbitration award:
(a) In any of the following cases the United States court
in and for the district wherein the award was made may
make an order vacating the award upon the application of
any party to the arbitration—
(1) where the award was procured by corruption, fraud,
or undue means;
(2) where there was evident partiality or corruption in
the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in
refusing to postpone the hearing, upon sufficient cause
shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by
which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so
imperfectly executed them that a mutual, final, and definite
award upon the subject matter submitted was not made.
Section 11 provides grounds for correcting, not
vacating awards:
In either of the following cases the United States court in
and for the district wherein the award was made may make
an order modifying or correcting the award upon the appli-
12
cation of any party to the arbitration—
(a) Where there was an evident material miscalculation
of figures or an evident material mistake in the description
of any person, thing, or property referred to in the award.
(b) Where the arbitrators have awarded upon a matter
not submitted to them, unless it is a matter not affecting the
merits of the decision upon the matter submitted.
(c) Where the award is imperfect in matter of form not
affecting the merits of the controversy.
The order may modify and correct the award, so as to effect
the intent thereof and promote justice between the parties.
The Supreme Court has held that the FAA grounds for
vacatur are exclusive and invalidated a growing trend in the
circuits to vacate awards if an arbitrator knowingly and manifestly disregarded the law in rendering an arbitration award.
Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989, (Mar.
25, 2008) 552 US____. In the federal system, jurisdiction
and enforceability are the province of the arbitrator; courts
may only hear a challenge to the validity of the arbitration
clause itself (arbitrability), severed from the rest of the contract. Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S.
395 (1967)
See also AT & T Technologies, Inc. v.
Communications Workers (1986) 475 U.S. 643. Gilbert Street
Developers, LLC v. La Quinta Homes, LLC, supra, seems to
imply, however, an artfully worded clause specifically empowering an arbitrator to determine arbitrability may be valid.
Many, if not most contracts affect interstate commerce to
one extent or another. Nails are no longer manufactured in
the United States, and materials for building a house are not
all manufactured in California. Your telephone contracts and
credit card agreements certainly fall under the FAA; many
California cases cite the federal decisions in their reasoning.
Given such limited grounds for vacatur and historically strong
support for arbitration, you should give strong consideration
for enforcing arbitration awards in the federal courts.
The importance of the arbitration clause should be readily apparent. The arbitration clause determines the arbitrator’s jurisdiction and powers. It determines what can and
cannot be arbitrated, and often determines what law the
arbitrator is expected to apply. A case may be submitted to
arbitration when there is no contractual ADR clause by written stipulation or submission agreement and the wording is
just as important as in a contract clause.
A ubiquitous arbitration clause typically reads something like “In the event of any controversy arising between
the parties, it shall be resolved by the [xyz Arbitration
Association] under its commercial rules.” You might ask
Continued on page 16
Operation Protect & Defend
Modern Masters of America Art
By Linda Shafer, Ph.D., Director of Development for Operation Protect and Defend
Photographs by Jennifer Zaucha, courtesy of Operation Protect and Defend
P
olish sculptor Magdalena
Abakanowicz said, “Art does not
solve problems but makes us aware of
their existence.” The art of local high
school students in the first annual
Modern Masters of America exhibit on
the evening of April 29 sought to do just
domestic. The purpose of the committee reflects the concern of Robert
Maynard Hutchins who warned, “The
death of democracy is not likely to be
an assassination or ambush. It will be
a slow extension from apathy, indifference and undernourishment.”
Hon. Thad Blizzard, Deborah Barnes, Teri Block,
Andy Stroud, Kim Lewellen, and Emily Haenselman
Keith K. McKinney’s (Placer) work,
“Uncle Sam’s Scapegoat”
that - bring awareness to issues around
student speech on campus.
The exhibit was hosted by
Operation Protect and Defend (OPD),
a bench-bar committee established by
federal and state court judges in conjunction with the Sacramento County
Bar Association. The program is
named after the oath taken by members of the California state bar and
judicial officers to support and defend
the California and U.S. Constitutions
against all enemies, foreign and
14
The judges, lawyers and teachers
on the steering committee collaboratively design a curriculum, including
selected readings and court opinions.
Under this year’s topic “Student Speech
& Privacy: How Free?” students read
the opinions in Tinker v. Des Moines
Assessing the artwork: Hon Frank Damrell, Hon.
Judy Holzer Hersher and Vallene Hardman-Weeda
Archie Warren (Placer) with his
work “Streetwise Mona Lisa”
Endeavoring to invigorate democracy in the Sacramento and surrounding counties, OPD informs and educates high school students on important legal issues that affect the rights of
everyday citizenry in the United States.
It seeks to connect students to the U.S.
Constitution and American history;
educate them as future voters and
jurors; explores their rights and
responsibilities of citizens; and encourages students to become active, contributing members to our democracy.
Gina Sanchez’ (JFK) work,
“When Words are Wired Shut”
(1969), Morse v. Frederick (2007),
Layshock v. Hermitage (2008), and
Safford v. Redding (2009). After teachers facilitate an introduction of the
topic, a lawyer-judge team visits each
classroom and engages students in a
dialogue, discussing issues and questions raised by the curriculum.
Students then have the opportunity to
participate in a contest for awards
given for essays or artwork.
This year, seven high schools participated in the essay award contest: Grant
Union, Kennedy, Luther Burbank,
McClatchy, Natomas Pacific Pathways
Prep, Rio Americano, and Sacramento.
In its inaugural year, 22 students
entered the Modern Masters of America
Art contest from John F. Kennedy High
School and Placer High School.
The impetus for the new program
is Judge Judy Holzer Hersher, of the
Sacramento County Superior Court.
She chaired the essay portion for eight
years and realized that reaching students through art was another avenue
of facilitating discussion on constitutional issues. Together Kimberly
Lewellen of Ellis, Coleman, Poirier,
LaVoie & Steinheimer, and Emily
Haenselman of Legacy Law Group
organized the contest, worked closely
with the high schools and arranged for
the gallery reception in the rotunda of
the federal courthouse. With the
sponsorship of Jennifer Zaucha (pho-
part-time professor at International
Academy of Design & Technology in
Sacramento and the Art Institute,
Pittsburgh, PA).
Magdalena Abakanowicz also said
that art “opens our eyes to see and our
brain to imagine.” Those of us who
had the pleasure of viewing the submissions and chatting with the students found our eyes opened to their
concerns about freedom of speech and,
especially, their appreciation that our
judicial system indeed works to protect
their speech.
Linda Shafer, Ph.D., the Director of
Development for Operation Protect and
Defend, is a staff member at Sacramento
Superior Court and teaches in Sac State's
Judicial Administration graduate program.
The awards went to:
Archie Warren (Placer),
“Streetwise Mona Lisa” ($250)
Keith K. McKinney (Placer),
“Uncle Sam’s Scapegoat” ($150)
Damian Borja (Placer),
“The Release” ($150)
Gina Sanchez (JFK),
“When Words are Wired Shut” ($50)
Isaiah Phillips (Placer),
Untitled ($50)
Kelsey Johnson (Placer),
“Anarchy” ($50)
tographer), Dean Haakenson (musician), Whitworth Cycles, Inc.,
Waterboy, Two Rivers Cider Company,
Artistic Edge Custom Framing &
Gallery, International Academy of
Design & Technology, Kole’s Garage
and Clifton Design, guests viewed the
art and spoke to the student artists.
Three judges assessed the artwork:
Hon. Frank C. Damrell, Hon. Judy
Holzer Hersher (Sacramento Superior
Court), and Vallene Hardman-Weeda
(retired professor of sculpture and
15
MCLE Spotlight
MCLE Spotlight continued from page 12
yourself a few questions:
• Do you want to include provisions for arbitrator
selection in your clause?
• Do you want to modify any of the rules such as
changing time limits or expanding discovery?
• Do you want to limit the issues the arbitrator can
decide?
• Do you want to limit damages?
• Do you want to limit class action filings?
• Do you want to provide for an assessment of attorneys’ fees?
• Do you want to limit the arbitrator’s jurisdiction to
a single issue, such as determining liability?
• Do you want to require mediation or a meet and
confer provision prior to arbitration?
• Do you want to name the rules but not require the
use of a particular provider?
In most cases, the rules of one of the major national ADR
providers work well. If you name the rules without requiring the provider to administer them, i.e. the American
Arbitration Construction Industry Arbitration Rules, you
are not required to use that organization. Be careful, however; whomever you choose as an arbitrator should be
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16
aware they will be bound to follow those rules.
Two things to avoid are over expanding or over restricting either the arbitrator’s jurisdiction or the arbitration
rules. The author decided a case last year with an extremely narrow submission agreement: “The only issue before
the arbitrator is whether the date for commencement of rent
is [date a] or [date b].” With a large commercial-industrial
space, the outcome was significant. After the award issued,
the prevailing party came back asking for attorneys’ fees and
costs as provided in the contract. Those items were not
submitted to the arbitrator by the submission agreement;
they were beyond his jurisdiction. The arbitrator’s jurisdiction is determined by the arbitration clause, submission
agreement or stipulation to arbitrate.
The author has observed a slowly growing trend to
incorporate “all discovery rights under the Code of Civil
Procedure” in arbitration clauses. Lawyers, as most people,
are comfortable with the familiar, and uncomfortable with
something new. Thus they believe the more like litigation
they can make arbitration, the better. Unfortunately, turning arbitration into traditional litigation obviates two of the
great advantages of all ADR: It is a simplified, informal
process designed to save time and money. Most providers’
arbitration rules provide for the exchange of documents,
witness lists and experts’ reports. Although litigators may
feel short-changed without being able to serve umpteen
interrogatories and taking innumerable depositions, almost
any experienced arbitration practitioner will confirm that
the simplicity of most arbitration rules work quite well. An
excellent discussion of the problems created by the “litigazation” of ADR can be found in Arbitration: The 'New
Litigation, Thomas Stipanowich, University of Illinois Law
Review, Vol. 2010, No. 1, 2010.
The lessons should be obvious: Keep your arbitration
clause simple. Think through what you will need from an
arbitrator and/or ADR provider and include that in your
arbitration clause. Do not over complicate things. It is
probably best to name a provider and their rules, but name
a provider’s rules as a bare minimum. If you change the
time provisions in the rules, do not make them so short that
it becomes impractical to follow the rest of the rules or
allow adequate preparation. If you want to empower the
arbitrator to determine issues such as arbitrability, use clear
and obvious language. As you draft your clause keep the
nature and benefits of arbitration in mind as your clients
will appreciate an expedited, simplified, lower cost process
over traditional litigation.
Daniel Yamshon was the founding chair of the Sacramento
County Bar Association Alternative Dispute Resolution
Committee (now Section), is the association’s MCLE Committee
chair, and is the International Subcommittee chair of the
California State Bar ADR Committee. You may reach him at
[email protected] or through his website, www.ADRServicesInternational.com.
MCLE QUIZ
QUIZ INSTRUCTIONS: Copy this page and circle the letter of each of your answers. Send your completed answer page to the Bar Office
with your MCLE fees. Please allow 6-8 weeks for your certificate of completion to be mailed to you, to the SCBA address of record.
Bar Office Address: SCBA, Attention: “MCLE QUIZ” 1329 Howe Avenue, Suite 100, Sacramento CA 95825.
FEES: SCBA Members: $20. Non-SCBA Members: $40. If a non-member, please submit your mailing and e-mail address.
1. When an arbitration clause does not specifically spell out an arbitrator’s
powers, the first thing the arbitrator must do is determine:
a. Jurisdiction
b. Arbitrability
c. A and B
d. None of the above
2. An appeal may be taken from a binding arbitration award when:
a. The arbitrator misinterpreted the law when writing the award.
b. Under any circumstance when a party is dissatisfied with the award.
c. Neither A nor B
d. Both A and B
3. Hall Street Associates v. Mattell gives judges broad powers to vacate arbitration awards.
a. True
b. False
4. Under federal law, an arbitrator can:
a. Determine their own jurisdiction
b. Determine arbitrability
c. Both A and B
d. Neither A nor B
5. A controversy may be submitted to arbitration by:
a. A provision in the contract.
b. Written stipulation
c. A written submission agreement
d. All of the above
6. A federal judge may vacate an arbitration award when:
a. Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.
b. Where the arbitrators have awarded upon a matter not submitted to
them.
c. Where the award is imperfect in matter of form not affecting the merits of the controversy.
d. None of the above.
7. There is no discovery in contractual arbitration unless it is specifically provided in the arbitration clause.
a. True
b. False
8. When drafting a stipulation to arbitrate in the private sector,
a. The parties must accept the ADR provider’s rules as published.
b. Counsel may modify an ADR provider’s rules as they deem appropriate
for the case.
c. Parties should appoint an arbitrator before selecting the ADR Provider
d. None of the above.
9. During contract negotiations, a party offers to incorporate the discovery
provisions from the Code of Civil Procedure. Counsel should consider:
a. Such an incorporation would add time, expense and inefficiency
to the process.
b. Most experienced arbitration litigators are comfortable with the simplified discovery in most ADR provider rules.
c. Failure to allow the broadest possible discovery under the code would
be a denial of due process.
d. Both A and B
10. In order to utilize the rules of a particular ADR provider, the case must be
filed with that provider.
a. True
b. False
11. Which of the following are grounds for vacatur of an arbitration award?
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or
either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone
the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
a. 1 and 2
b. 1 through 4
c. 1, 2, and 3
d. 1, 2, and 4
12. If an arbitrator makes a mathematical error in computing damages for a
binding arbitration award, a party may:
a. Do nothing, as one cannot appeal a binding arbitration award.
b. Seek a writ to over turn the award.
c. Seek a correction or modification of the award.
d. Move to vacate the award.
13. When drafting a written submission to arbitration, the language need not
be as precise as in a contract arbitration clause because the dispute has already
been defined.
a. True
b. False
14. It is actually somewhat rare for contracts individuals might sign to affect
interstate commerce.
a. True
b. False
15. The arbitrator’s jurisdiction is determined by
a. The contract’s arbitration clause
b. A written submission agreement
c. A written Stipulation to arbitrate
d. All of the above
16. Under federal law a judge may correct or modify an award when:
a. Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.
b. Where the arbitrators have awarded upon a matter not submitted to
them, unless it is a matter not affecting the merits of the decision upon
the matter submitted.
c. Where the award is imperfect in matter of form not affecting the merits
of the controversy.
d. All of the above.
17. Most ADR providers’ rules allow what form of discovery?
a. An exchange of witness lists
b. An exchange of documents
c. An exchange of experts’ reports
d. All of the above.
18. An arbitration clause may
a. Require the arbitrator to apply the law of a specific jurisdiction.
b. Allow the arbitrator to create rules as needed while the case progresses.
c. Require naming third parties who are not signatories to the contract.
d. Prevent an arbitrator from providing procedural regularity.
19. When a court determines arbitrability
a. It must sever the ADR clause from the rest of the contract.
b. It must determine what the intent of the parties was when agreeing to
arbitration in light of the plain language of the entire contract.
c. It must determine if the controversy is proper for arbitration.
d. It must determine if the contract had an integration clause, integrating
arbitration or another form of ADR into the entire contract.
20. The United States Supreme Court has found:
a. The long line of cases creating common law grounds for vacating awards
is too restrictive and other grounds may be created.
b. The only grounds for vacatur are found in statute.
c. Alternative Dispute Resolution and arbitration in particular is, in reality,
pretty cool.
d. A congressional intent for courts to provide broad review of arbitration
awards.
I submit these answers as my own:
Name ___________________________________________________________________
Bar Number _________________________________ Date ______________________
17
Law Day Dinner
Photographs by Ken Rabiroff
18
Judge Stacy Boulware-Eurie, Jean McEvoy
Stephen Duvernay, Todd Vlaanderen, Mr. Schenk, Angelica Schenk,
Angelica Schenk, Connie Schenk
Bunmi Awoniyi, Xe Yang, Roberta Yang, Nancy Yang
Boy Scout Troop 50 Color Guard
Jennifer Kirshten, Todd Vlaanderen, Roberta Larson
Joan Stone, US District Court Magistrate Judge Kim Mueller,
Rebecca Dietzen, Virginia Mueller
Mary Beth Tinker with student award winners. When Mary Beth was 13 years old, she wore a black arm
band to school to protest the Viet Nam War. Her case was taken by the ACLU and resulted in a Supreme Court
decision - Tinker v. Des Moines, which was one of the cases used in Operation Protect & Defend this year.
Front - Richard Pauly, Premila Devi, Patricia Narayan.
Charity Kenyon
Back – Joan Stone, Patricia Sturdevant, Jerri Paik, Karen
Goodman, Joan Jernegan
Judge Frank Damrell and Mary Beth Tinker
Mary Beth Tinker
Victoria Jacobs, Helene Friedman, Emily Haenselman
Bob Parker, Judge Judy Hersher, Patricia Sturdevant, Sonia Hernandes
19
Spotlight on Affiliates
Founding WMBA and ABAS:
. . . Precursors, Formation,
and First Banquet
By Yoshinori H. T. Himel, Samuel L. Jackson, and Jessie Morris Jr.
WILEY W. MANUEL BAR ASSOCIATION
Students: The year was 1975. Five students: Natalie
Colley-Lindsey, Samuel L. Jackson, Ben Johnson, Sherry
Kirk, and Jessie Morris, gathered at a Black Law Students
Association meeting to discuss ways to increase minority
enrollment at McGeorge Law School. They decided to invite
Black attorneys in Sacramento for a meeting and develop a
plan with their help.
Attorneys: Nathaniel S. Colley, Luke Conley III, Joseph
Cooper, and James L. Long, now a Sacramento Superior
Court Judge, came to the meeting and tossed around ideas.
Two thoughts predominated: recruit at historically Black colleges, and form a Black attorneys association to help coordinate projects, such as helping law students. Later in the week,
the late Dean Gordon Schaber agreed to recruit at minority
colleges. Gary Ransom, now a retired Sacramento Superior
Court Judge, participated in recruitment trips to the Eastern
and Southern parts of the United States as did Sam Jackson
and Ben Johnson. Judge William K. Morgan soon afterwards
donated land for McGeorge Law School to sell and fund
BALSA scholarships when recruitment efforts stalled because
of the high tuition costs.
Drafting By-laws: While studying for the bar exam at the
McGeorge library in 1976, David Seals befriended BALSA
students and encouraged continuing efforts to form a Black
attorneys association. Sam Jackson, Ben Johnson and Jessie
Morris drafted the by-laws in the school’s library as librarians shushed them when the debates grew loud. Sam wanted Parliamentarians and Sgt.-at-Arms and lots of officers to
get more members actively participating; Jessie thought otherwise; Ben mediated and always cast the tie-breaking vote.
After two weekends’ work, David Seals received the final
Sacramento Association of Black Attorneys by-laws.
In
1977, Nat Colley and Natalie Colley-Lindsey
hosted a roasted goat barbecue at the Colley
family’s Elk Grove ranch for an organizational meeting to
launch the Sacramento Association of Black Attorneys, or
SABA. David Seals became the association’s first president.
First Banquet: That year, Nat Colley was chosen as the
featured speaker for SABA's first banquet. But everyone who
was to tell him that assumed someone else had. At the
20
eleventh hour, in a reception for a foreign ambassador,
someone handed Colley a banquet flyer naming him as
SABA's keynote speaker. He left the reception early, arrived
at the banquet at the right moment, and delivered a magnificent speech. By stages, the Sacramento Association of
Black Attorneys became the Wiley W. Manuel Law Society
and finally the Wiley W. Manuel Bar Association.
ASIAN BAR ASSOCIATION
OF SACRAMENTO
Precursors and First Meetings: Numerous Asian students at UC Davis, both under-graduates and law students, provided community service to Sacramento
through Asian Legal Services Outreach or ALSO. Trained
as community advocates, they grasped the an opportunity
to create an Asian attorneys’ association. Planning meetings at Yoshinori ("Toso") Himel’s home kicked off the
organization. Participants included Albert Balingit,
Kelvin Gong, Joyce Hee, Steve Koyasako, Don Masuda
and Jeff Ogata.
Pulling Together: New Asian bar associations were
forming statewide, and there were competing schools of
thought among Asian lawyers. Some believed individual
Asian ethnic groups (e.g., Filipino, Japanese) were the best
focus for specialty bars. Others believed in a pan-Asian
association. Jerry Chong pulled the individual association
advocates into the unified association side by pressing the
theme, “We’re Asian first.”
As the pan-Asian organization gathered force, it
became time for by-laws. The group gathered others’ bylaws to use as models. On a hot Sacramento day in
1982, in a facility with broken air conditioning,
Gloriette ("Glo") Fong brought by-laws from the
Women Lawyers of Sacramento, Toso brought those from
the Asian American Bar Association of the Greater Bay
Area, and Jessie Morris brought by-laws from La Raza
Lawyers Association of Sacramento and Wiley Manuel.
Leroy Fong brought ice and cold sodas and juices.
Everyone gladly handed sample by-laws to Toso, who
volunteered to draft the document. Gene Moriguchi
posed “what ifs” to test whether by-laws covered all foreseeable contingencies.
A Name: Besides a governance structure, the new group
Lawyer Referral
Service
needed a name. Joyce Emiko Kawasaki pushed for the
name Sacramento Asian Bar Association, or SABA. Others
noted, however, that "saba" is Japanese for mackerel, and
that the Sacramento Association of Black Attorneys already
claimed SABA. The group adopted an anagram for SABA:
the Asian Bar Association of Sacramento, or ABAS.
Finally, the planners set January 28, 1982, at Frank
Fat’s, for the first Annual Meeting. They publicized this
meeting throughout the community. For the first time, 60
Asian American lawyers met in Sacramento. That was a
heady moment!
Leadership Contest: The first presidential election,
held in 1982, was a contest between Frank Iwama and
Phil Hiroshima. The young attorneys who organized the
association sought out these senior lawyers to give the
group a well-respected representative to the larger legal
community. Iwama became the second president of ABAS.
First Banquet: For the first ABAS installation banquet
in June 1982, Toso invited Dale Minami to be the keynote
speaker. Minami was a founder of the Asian Law Caucus,
and he led the litigation team who represented Fred
Korematsu in obtaining a writ of error coram nobis, vacating his World War II conviction for violating the infamous
Japanese American exclusion orders. The banquet venue, a
restaurant on South Land Park Drive, divided its large room
with a screen. Between ABAS and the neighboring Chinese
wedding, there was no competition on who was louder.
The wedding won, drowning out much of Minami’s speech.
AFFILIATES (AND ONE MORE SABA)
That is how Wiley Manuel and ABAS came to join La
Raza Lawyers Association of Sacramento, which predated
both of them, as the principal minority bars in Sacramento.
These three bar associations joined the County Bar as affiliates and went on in 1987 to found the Unity Bar, a coalition of the minority bar associations. Although the name
SABA is no longer used by WMBA or ABAS, the name is not
defunct, but lives on with the recent formation of the new
South Asian Bar Association (SABA).
Yoshinori H. T. Himel (Toso) is an Assistant United States
Attorney. He was a former Editor in Chief of Sacramento
Lawyer and the founding president of ABAS. He is the current
president of the ABAS Law Foundation.
Jesse Morris is a death-penalty-qualified lawyer at the
Sacramento County Public Defender's Office, and the only
attorney to be awarded the Unity Award by both Wiley Manuel
and ABAS.
Sam Jackson was a previous SCBA president and
Sacramento City Attorney.
MAKE AN
INFORMED
CLIENT REFERRAL
How often do you get a call from a
prospective client with a legal need that falls
outside your area of practice? Turn to the
Lawyer Referral Service, the only non-profit
legal referral service sponsored by the
Sacramento County Bar Association. Refer
your client somewhere you can trust –
have them visit LRS online at www.sacbarlawyer.org or
call 916-564-6707
Please join the
Barristers’ Club of Sacramento
in celebrating the
Diversity Fellowship Program and in
honoring the area’s summer associates
by joining us at our annual
SUMMER ASSOCIATES RECEPTION
Thursday, July 15, 2010
5:30-7:30 p.m.
The Park Ultra Lounge
1431 L Street, Downtown Sacramento
Passed hors d’oeuvres
Hosted Bar
For sponsorship information
or other inquiries,
please contact Amanda Gimbel at
[email protected] or (916) 442-3552
21
ABAS Law Foundation Wine
Tasting at Pavilions
Yoshinori H. T. Himel, ABAS Law Foundation President
Photographs by Gabriele Höppel, courtesy of ABAS
Judge Thadd Blizzard, Foundation treasurer
Jeri Paik, and Judges Alan Perkins, Robert
Hight, and Elena Duarte.
North American Food presents its
sake collection.
ABAS president
Jeannie S. Lee.
Event chair Aileen Kim and
scholarship recipient Jennifer
Shih staff the registration table.
Ruth's Chris Steakhouse serves a guest.
“I
enjoyed mingling with many
judges in a casual, relaxed setting full of great food and wine."
That's how a guest described the
ABAS Law Foundation's Eighth
Annual Wine and Food Tasting at
Pavilions Shopping Plaza. The 100
attending members and friends of the
County Bar and its affiliates tried
wines from a variety of northern
22
Foundation president Yoshinori
Himel, treasurer Jeri Paik and
board member Mike Iwahiro.
Former Foundation board members
Mona Tawatao and Janice Lai.
Judges Elena Duarte and Thadd Blizzard with SCBA
President Todd Vlaanderen.
Two great friends at
Grands Amis.
California vineyards, Iceberg sake
from North American Food, and a
variety of Asian and western foods.
Ruth's Chris Steakhouse, a Pavilions
institution, served tender beef skewers
and mashed potatoes.
The weather was warm and inviting. When night fell, the Pavilions
Courtyard lights sparkled. The Steve
Homan Jazz Trio contributed its music
Mark Wilson of Wilson
Vineyards.
to the festive atmosphere.
Seven wineries poured: Bogle
Vineyards, Grands Amis Winery,
McConnell Estates Winery, sake
importer North American Food, Oak
Ridge Winery, Onus Wines and
Wilson Vineyards. Onus has been a
consistent pouring participant; and
the silent auction featured a four-bottle
Continued on page 28
23
Legal Fusion 2010 – Building a
Bridge From Our Past To Our Future
By Jean-Pierre Francillette, Esq., WMBA Past President
T
he Friends of the Wiley W. Manuel Bar Association of
Sacramento County (Friends), which raises funds for
the Wiley W. Manuel Bar Association of Sacramento County
(WMBA), will be holding its annual Legal Fusion event at the
Sheraton Grand Sacramento, located at 1230 J Street,
Sacramento, California 95814, on Saturday, August 28, 2010.
Cocktails will be served starting at 5 PM, and the dinner will be
served beginning at 6 PM. Local law students can apply to
receive scholarship funding that will be awarded at the event.
The theme of this year’s Legal Fusion event is: “Standing
in the Gap” – Building a Bridge from our Past to our Future.
This year we are fortunate to have U. S. Attorney Andre
Birotte Jr. as the Legal Fusion Keynote Speaker. Mr. Birotte
was former inspector general of the Los Angeles Police
Department, and was nominated to his current position by
Sheraton Grand Sacramento, 1230 J Street
24
President Barack Obama. Mr. Birotte is the son of Haitian
immigrants and is the first black U.S. Attorney for the Central
District of California, with responsibility for all federal litigation in Los Angeles, Orange, Riverside, San Luis Obispo,
Santa Barbara, and Ventura counties. The district includes 35
cities. It encompasses a cultural diversity virtually unmatched
in the country. Reflecting the size and diversity of the district,
the cases handled by Mr. Birotte's office are among the most
significant in the country. With an authorized strength of
approximately 264 Assistant United States Attorneys, it is the
second largest, trailing only the District of Columbia, which
handles both federal and local crimes.
The Master of Ceremony for Legal Fusion 2010 will be
acclaimed actor William Allen Young. His illustrious acting
career includes starring roles in the Academy Award-nominated film A Soldiers Story, Women of Brewster Place, The
Atlanta Child Murders, Simple Justice, Sins, Lock Up, In the Belly
of the Beast, and the award-winning Lifetime series Any Day
Now. Millions of viewers still recognize him as Frank
Mitchell, the tough-but-loving father, on the hit TV show,
Moesha, or as Chief Judge Ratner on CSI: Miami. Mr. Young
has received critical praise for his stage performances in New
York and Los Angeles, and he has performed abroad in
London, France, Italy, Austria, Sri Lanka, Russia, and on the
continent of Africa. His latest film project, District 9, filmed
on location in South Africa, was released in August 2009. He
also guest starred on the 6th season of Sister, Sister.
Further, the following WMBA Recognition Awards will
be presented at Legal Fusion 2010:
WMBA Lawyer of the Year - Milton Armistead, Esq.
WMBA Judicial Officer of the Year Honorable Stacy Boulware Eurie
WMBA Elected Official of the Year Assemblymember Ed Hernandez
WMBA Non-profit of the Year Sacramento Child Advocates
WMBA Corporate Citizen Award Allstate Insurance Companies
For more details about Legal Fusion 2010, including ticket
prices and sponsorship levels, go to www.wileymanuelbarassociation.com. Also, feel free to contact Legal Fusion Committee
Chair, Ms. June Powells-Mays at [email protected].
Come join in and participate in this exciting Sacramento area
annual event! The WMBA looks forward to seeing you there!
The SACRAMENTO LAW FOUNDATION
Is looking for a few good bottles of wine
INSTANT WINE CELLAR 2010
Which will be raffled off at the Sacramento County Bar
Association’s Bench/Bar Reception in September.
Wine donations are tax deductible.
Please contact Bobbi Larson at 446-7979 or
[email protected].
(Requested minimum retail value is $20)
The Sacramento Law Foundation is a California nonprofit public benefit
corporation supporting programs that improve the administration of Justice,
enhance public confidence in the legal profession, cultivate understanding of,
and respect for, the rule of law and support law related public services.
Courthouse Steps
Knox, Lemon, Anapolsky & Schrimp, LLP
is pleased to announce that Grace
Bergen has become of counsel to the
firm. Bergen has over 25 years experience handling transactions and litigation involving business, real estate,
intellectual property, construction, and
Grace Bergen
employment law. She served as corporate counsel for Tower Records for nine
years and was most recently a partner of Greenberg Traurig,
LLP. She holds a J.D. from the University of San Francisco
School of Law and a B.A. from the University of California,
Berkeley. Bergen is a past president of Women Lawyers of
Sacramento and of the Sacramento Chapter of the American
Corporate Counsel Association. She also serves as a Board
Member of California Lawyers for the Arts.
June Coleman, a litigation defense attorney, has joined the
Kronick Moskovitz Tiedemann & Girard (KMTG) Business
Services Group as an Of-Counsel Attorney. Coleman comes
26
to KMTG with more than 13 years of
experience representing local, state and
national clients in a wide range of complex civil litigation disputes before state
and federal courts at both the trial and
appellate levels. Her areas of emphasis
include defense of consumer rights
actions, including litigation involving
June Coleman
the Fair Debt Collection Practices Act
and the Fair Credit Reporting Act, as well as professional
liability defense, class actions, commercial litigation, creditors rights, employment law, and litigation involving technology and electronic data. Prior to joining KMTG,
Coleman was a founding partner at Ellis Coleman Poirier
LaVoie & Steinheimer, a boutique litigation firm. Coleman
earned her B.A. from California State University,
Sacramento and her J.D. from the University of the Pacific,
McGeorge School of Law (with Great Distinction) in 1997.
She is a past president of Women Lawyers of Sacramento
and currently serves the Sacramento County Bar
Association as its Second Vice President.
DARREL W. LEWIS
(Judge Ret.)
MEDIATOR
Just pick up your phone and dial
916 483-2222
www.MediatorJudge.com
27
Community Service
Conflict of Interest Rules Eased
for Pro Bono Clinic Services
By Vicki Jacobs, Managing Attorney, Voluntary Legal Services Program
W
hen first inquiring about volunteering their
services at our pro bono program, some attorneys express concern about potential conflicts of interest
between their existing and former clients and the pro bono
clients they will be helping. To help ease these concerns
and enable more private attorneys to provide pro bono assistance, in July 2009, the California Supreme Court approved
a new Rule of Professional Conduct, Rule 1-650.
At Voluntary Legal Services Program (VLSP), the concern over potential conflicts of interest arises most often in
the context of the volunteer providing services at a “pro per
clinic” where the volunteers provide legal advice and assistance with completion of forms, but do not assist or represent the client beyond the confines of the clinic. In the clinic environment, it is difficult, if not impossible, to allow for
prescreening of potential conflicts of interest in advance of
the meeting with the client. Rule 1-650 acknowledges that
the limited nature of the services provided in the clinic environment significantly reduces the risk of conflicts of interest
with other matters being handled by the attorney’s firm.
Conflicts of interest in matters that are referred to a private attorney for direct representation throughout the entire
legal case or matter are easier to resolve, as there is time
available to collect information about the parties involved in
the case and to allow the private attorney to conduct his/her
usual conflict check before agreeing to take on the case.
Rule of Professional Conduct 1-650, long advocated for
by the legal services community, makes it easier for private
attorneys to volunteer for pro bono work. Specifically, it
makes clear that a systematic check for a conflict of interest
by volunteer attorneys, with respect to a pro bono client in a
short-term limited provision of services context, is unnecessary. Further, a conflict of interest would be imputed to
the volunteer attorney only if he/she knows that any attorney in the volunteer’s firm would be disqualified by the
usual conflict of interest rules. Even if a conflict of interest
would be imputed to the volunteer under this unlikely circumstance, this conflict will not be imputed to other attorneys in the volunteer’s firm.
In other words, if an attorney comes to a clinic and is
asked to help a client who the attorney knows has an issue
adverse to an existing or former client of the attorney or
his/her law firm, that attorney should decline to provide
services to the pro bono client. If, however, the attorney provides services to a clinic client without knowledge of the
conflict, the volunteer will not have a conflict of interest and
neither will his/her firm.
As a practical matter, Rule 1-650 codifies the existing
practice of many attorneys who already volunteer at one of
VLSP’s pro per clinics. VLSP hopes that this rule change will
encourage more private attorneys and law firms to volunteer
at VLSP’s pro per clinics. Please feel free to contact Managing
Attorney Vicki Jacobs at [email protected] to discuss how this
change might impact you or your law firm.
Wine Tasting continued from page 22
Onus "vertical tasting" of Cabernet
Sauvignon from 2003, 2005, 2006
and 2007. Mark Wilson, representing his family's winery since the very
first Wine Tasting in 2003, poured a
festive Almond Sparkling Wine. The
crowd quaffed $800 worth of North
American's luxurious blue Iceberg
sake, and Michael Terhorst carried
three bottles of it away from the
silent auction. Judge Thadd
Blizzard donated unusual items
from his cellar for the auction
including a Hop Kiln "Rushin' River
28
The Foundation raises funds at the
Wine Tasting and the annual ABAS Golf
Tournament with the main goal of nurturing
future lawyers who will be active in service
to the Asian Pacific Islander communities.
Red" and a Stama 2005 "Zany Zin."
Oak Ridge poured great-tasting
wines that also are great values.
Besides Ruth's Chris, the event fea-
tured food donated by Capitol Deli,
Koganae Korean Restaurant, Lotus
Thai Restaurant, The Market at
Pavilions, Piatti Ristorante, Rickshaw
SCBA News
Update on 2010 Sacramento
“Food from the Bar” Program
F
rom April 19, 2010 through May 14, 2010, the
Sacramento County Bar Association and Women
Lawyers of Sacramento joined bar associations throughout the
nation by sponsoring a “Food from the Bar” food and assistance drive. Food from the Bar is a grass-roots campaign started by lawyers to fighter hunger among children in our communities. The 2010 Sacramento Food from the Bar program
benefited the Sacramento Food Bank, with the goal of enlisting every lawyer in Sacramento County to participate in some
way – by hosting a food collection barrel, volunteering for a
shift at the Food Bank, or making a monetary donation.
We are pleased to announce that thanks to the efforts of the
participants listed below, the 2010 Sacramento Food from the
Bar Program generated roughly 7,000 lbs. in food donations
and $4,000 in monetary donations for the Sacramento Food
Bank. Through the Food Bank’s relationships with community partners, they are able to turn every $1 donation into $10
of goods and services for the community – meaning the
$4,000 donated through our program will result in $40,000 in
goods and services for the Food Bank!
Thank you to all those members of the Sacramento legal
community who made the 2010 Sacramento Food from the
Bar Program such a success!
Abbott & Kindermann, LLP
Beeson Tayer & Bodine Boutin Gibson DiGiusto Hodell, Inc.
Brennan Wise Law Group Bullivant Houser Baily, PC
Cuneo Black Ward & Missler Drobny Law Offices
Rick's, Samurai Sushi, Sarang Bang,
Smile Food Market and Trader Joe's
on Folsom Boulevard, including
California Roll sushi, potstickers,
sandwiches, cheese and crackers,
dogurantang, japchae, and pad thai
noodles. As usual, the sushi went fast!
The Foundation raises funds at the
Wine Tasting and the annual ABAS
Golf Tournament with the main goal
of nurturing future lawyers who will
be active in service to the Asian Pacific
Islander communities. Student applicants are selected for their proven
Greenberg Traurig, LLP
Hanson Bridgett, LLP
Hardy Erich Brown & Wilson
Jay-Allen Eisen Law Corp.
Kenyon Yeates, LLP
Law Office of Mary-Alice Coleman
Lewis Brisbois Bisgaard & Smith
Matheny Sears Linkert & Jaime, LLP
Nageley Meredith & Miller, Inc
Nossaman LLP
Olson Hagel & Fishburn, LLP
Porter Scott
Seyfarth Shaw LLP
Somach, Simmons & Dunn
Stoel Rives LLP
Timmons Owen & Owen, Inc
Trainor Fairbrook
Weintraub Genshlea Chediak
Woodruff O’Hair Posner Salinger
California Attorney General’s Office
Office of the California Legislative Counsel
Sacramento City Attorney’s Office
Sacramento County District Attorney’s Office
Family Law Department, Sacramento Superior Court
Hon. Kimberly J. Mueller (U.S. Magistrate)
Antonia Darling (Asst. U.S. Trustee)
JAMS of Sacramento
Voluntary Legal Services Program
potential for leadership and community service, financial need, and academic achievement. Several individuals fund scholarships annually;
including former Assemblyman Phil
Isenberg and Marilyn Araki
Isenberg, and criminal defense attorney Chuck Pacheco.
The Foundation's law student
scholarship awardees this spring,
studying at Pacific-McGeorge, UC
Davis and Lincoln law schools, are JiHyun Cho, Ngoc Kim Le, Candace
M. Lee, Dahyun Lee, Cendy Liu,
Adrianne J. Lo, Jooujin Abigail
Park, Marcy Seo, Jennifer J. Shih,
Lisa Ventura, Cheryl Wei and
Michael L. Wu. Awards totaled
$16,000 at the time of the event.
Scholarship applications will be taken
again in early 2011.
This fall's Golf Tournament will be
held at Turkey Creek on September 12.
Next spring's Wine Tasting at Pavilions
will take place on May 12. Those
interested in sponsoring either event
should contact Foundation treasurer
Jerilyn Paik at 568-1222.
29
Section & Affiliate News
Barristers’ Club of
Sacramento Update
The Barristers’ Club of Sacramento proudly welcomes
two new members to the Board of Directors.
T
he Barristers’ Club of Sacramento is continually
striving to come up with original and innovative
ways to contribute to the Sacramento legal community, particularly to help younger lawyers as they make their transition from law school to law practice. In keeping with that
goal, the Board of Directors has decided to enlist some new
recruits. Let us introduce our newest members to the Board
of Directors, Colleen Howard and John Doyle.
Colleen is an associate attorney at
Porter Scott, and she will also serve as
the Board of Directors’ Asian/Pacific
Bar Association of Sacramento’s representative. Colleen earned her
Bachelor of Science from the
University of California at Davis in
2003. She received her Juris Doctor
from the University of Oregon in
2008, where she was Editor-in-Chief
Colleen Howard
of the Journal of Environmental Law
and Litigation, and was also a member of the Moot Court Board. Her practice focus at Porter
Scott is broad and includes business, healthcare, real estate,
and personal injury.
John is also an associate attorney at Porter Scott. John
earned his Bachelor of Arts from Loyola Marymount
University in 2003, where he was
named an Outstanding Senior
Scholar for Excellence in Economics.
He received his Juris Doctor from
University of the Pacific, McGeorge
School of Law in 2009, where he was
named to the Dean’s List and the
Traynor Honor Society. While at
McGeorge, John was the Associates
John Doyle
Articles Editor for the Pacific
McGeorge Global Business &
Development Law Journal. John was also a member of the
McGeorge Rugby Football Club, and he still remains active
in the Club today. His practice focus at Porter Scott includes
business, construction, personal injury and real estate.
Welcome to our new directors!
30
By Amanda Gimbel,
Barristers’ Media Chair
Barristers’ Club Update
The Board of Directors continues to give back to the
Sacramento community by helping those less fortunate.
As mentioned in our last update, the Board of Directors
has been volunteering at St. John’s Shelter for Women and
Children by covering the cost of dinner and by helping
prepare the meals. St. John’s has recently given the
Barristers’ Club a permanent slot to do this on the second
Wednesday of every month. If you would like to get
involved and help out your community with the
Barristers, please contact our President, Stacy Moak, at
[email protected].
Recently, the Barristers’ Club, in conjunction with
McGeorge School of Law and the American Board of
Trial Advocates, offered a seminar on Effective
Advocacy through Expert Witness, given by Professor
David A. Sonenshein of Beasley School of Law, Temple
University. The seminar was a huge success, with a
packed house eager to hear the renowned speaker discuss the law and techniques regarding use of expert
witnesses. Thanks to everyone who came to hear this
noteworthy speaker. The Barristers’ Club would also
like to extend a special thank you to James Anwyl and
the Sacramento Valley Chapter ABOTA members for
their support in making this event possible. If you
have suggestions regarding topics for other seminars,
please contact our Media Chair, Amanda Gimbel, at
[email protected].
Mark your calendars for Thursday, July 15. The
Barristers’ Club of Sacramento is hosting its annual
Summer Associates Reception at the Park Ultra Lounge
from 5:30 p.m. to 7:30 p.m. The Summer Associates
Reception was originally organized to celebrate the
Sacramento County Bar Association’s Diversity Fellowship
Program, and today it also honors all of our summer associates as they finish out their summer and head back to
school. The Park is located in downtown Sacramento at
1431 L Street. If you are interested in sponsoring the
Summer Associates’ Reception or have any questions,
please contact our Media Chair, Amanda Gimbel, at [email protected].
3620 American River Drive
Suite 260
Sacramento, CA 95864
(916) 974-8600
Business, Commercial,
Construction Claims and
Defects, Employment,
Insurance, Intellectual
Property, Malpractice,
Probate, Product Liability
and Real Estate Disputes.
Calendar and further
information online at:
www.malovoslaw.com.
Call for FREE Brochure
488-5088
32
C
A
L
E
N
D
A
R
Second Wednesdays - SCBA Barristers serve at St. John’s
Shelter for Women (page 30)
Index of Advertisers
Barrister’s Club Summer Associates Reception . . . . . . . . . . . . .Page 21
Bench Bar Reception . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back Cover
Boyd & Kimball LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23
July 14 - SABA Wine Tasting, 58 degrees wine bar from
5:00pm-8:00pm. Contact Niti Gupta for more details:
Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 27
Downey Brand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 26
Family Law Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 32
[email protected]
JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 15
July 15 - SCBA Barristers Annual Summer Associates
Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 6
Reception, Park Ultra Lounge, 5:30-7:30pm (page 30)
Ken Malovos
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 32
Law Office of Anthony T. Caso . . . . . . . . . . . . . . . . . . . . . . . .Page 26
August 28 - WMBA Legal Fusion, Sheraton Grand, 5pm
Lawyer Referal Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 21
(page 24)
Legal Fusion 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 24
Len Fishman, Appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23
September 2 - Submission deadline for November/December
Mary Burroughs Studio.com . . . . . . . . . . . . . . . . . . . . . . . . . .Page 10
issue of Sacramento Lawyer
Mechanics Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 31
Northern CA Collection Service . . . . . . . . . . . . . . . . . . . . . . .Page 13
September 12 - ABAS Golf Tournament, Turkey Creek
Paul S. Hokokian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 5
(page 4)
Ramsay “Buzz” Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 23
Sacramento Law Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 11
September 15 - WLS Art Fest, Vizcaya 6-8:30pm
Sacramento Law Foundation Instant Wine Celler . . . . . . . . . .Page 25
(page 35/inside back cover)
Sacramento Lawyer Magazine . . . . . . . . . . . . . . . . . . . . . . . . .Page 16
SCBA Diversity Fellowship Anniversary and Reunion . . . . . . .Page 33
October 1 - SCBA Diversity Fellowship Committee,
Arden Hills Resort Club and Spa, 6pm (page 33)
Thomson Reuters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 34
Ueltzen & Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 32
University of the Pacific, McGeorge School of Law . . . . . . . . .Page 27
October 6 - SCBA Bench Bar Reception (back cover)
WLS Artfest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 35
The Sacramento County Bar Association Diversity
Fellowship Committee is celebrating the
SCBA Diversity Fellowship
Program's 20th Anniversary and Reunion.
Please mark your calendars now:
Friday, October 1, 6:00 PM
Arden Hills Resort Club and Spa
1220 Arden Hills Lane
Sacramento, CA 95864
Invitations will be sent to all
past and current fellows,
participating law firms,
McGeorge and UC Davis
law school representatives,
committee members and
representatives of the SCBA.
33
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
1329 Howe Ave., #100 • Sacramento, CA 95825
Wednesday, October 6, 2010 • 5:30 - 7:30pm
Towe Auto Museum
2200 Front Street, Sacramento, CA 95818
Announcing Judge of the Year
Appetizers and hosted bar
Jazz combo
Tickets: $50.00 for members
$60 for non-SCBA members, Law Students: $35.00
$55 for members at the door
$65 for non-SCBA members at the door
Law Students: $40.00 at the door
RSVP to: [email protected] or call 564-3780 x200

Law Day Dinner - Sacramento County Bar Association

Transcription

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