July-August 2013 - San Bernardino County Bar Association

•BULLETIN•
of the San Bernardino County Bar Association
Vol. 41, No. 9-10
Our 138th Year
From the
President’s Desk
By
Kevin B. Bevins
I
ndependence Day is upon us as our
nation celebrates 237 years of the
grand experiment known as the United
States of America. Recent Supreme Court
decisions will be debated for years, much
like landmark decisions such as Brown v.
Board of Education, Rowe v. Wade and
Marbury v. Madison. No matter which side
of the current issues ignite your passion,
there is no doubt that attorneys, paralegals,
legal secretaries, trial court judges and
court staff have shaped and molded our
society from the day this continent was
“settled.”
What was once a profession dominated
by Caucasian males, the changes in the
demographics of attorneys, judges and
justices, in San Bernardino County, The
State of California and across the nation
reflect the transformation of the face of
the country and makes us stronger. We
are truly living in the middle of a dramatic
change in our profession, a change for the
better.
This is exemplified by the leadership in
the courts. Our state courts have been
led through a tumultuous year by Chief
Justice Tani Cantil-Sakauye. Presiding
Judge Marsha Slough has guided the San
Bernardino County Court through the
financial crisis with grace, perseverance
and undying commitment to gain funding
for our beleaguered courts.
There is some good news to report on
the funding issue. The effort to deliver
the message to the California Senate and
Assembly has been heard. The Legislature
understands the need for additional court
funding. A more equitable distribution of
funds will benefit San Bernardino County,
although the process will take a few years
to fully implement. This certainly is not
a “fix” and the starkness of the numbers
are discussed by Commissioner Diane
(Continued on page 2)
July-August 2013
In Memory of Bruce D. MacLachlan
By James Otto Heiting
B
ruce Duncan MacLachlan was born in Los Angeles on
March 30, 1928, and passed away May 17, 2013, at his
home in Santa Monica. His memorial service was on Sunday,
June 2, 2013, in Santa Monica.
Bruce was UCLA’s football captain, twice named to the
all PAC 8 All-Star football team, named Team MVP by coach
Red Sanders, and drafted by the Baltimore Colts while in Korea in 1953.
He was a decorated Korean vet/Marine Corps Captain, and
Bronze Star recipient.
Bruce was admitted to the California Bar in 1956, the US
District Court Central District in 1957, and the United States
Supreme Court in 1985. He earned a B.A. Degree from the
University of California, Los Angeles in 1951 and his L.L.B. from the University of
Southern California School of Law in 1956. Bruce was a member of the American Bar
Association, the State Bar of California, the Association of Southern California Defense
Counsel, and was a member of the Phi Delta Phi Fraternity. He was a former chapter
president (twice) of the American Board of Trial Advocates (ABOTA) and was a fellow in the prestigious American College of Trial Lawyers. Bruce had an A-V rating in
Martindale-Hubbell. He tried more than 100 jury trials, and was a former SecretaryTreasurer of the San Bernardino County Bar Association.
Bruce was a mentor and guide both within the profession as a lawyer and outside
the confines of the profession. He gave of himself fully, and his modesty and humility
drew others to him. He was also a member of the Board of Directors of Cedar House,
a non-profit organization for treatment of alcoholism. He helped many lawyers, judges
and others who suffered from the ravages of alcoholism.
He loved to sing and travel; and he was a wonderful father of four (Scott, Lynn
Michelle and Lacey survived him) with Suzanne having passed from cancer in 1980.
He was also stepfather of another four (Linda, Dennis, Laura and Marta) with his wife,
Maryann, and an outstanding grandfather to nearly twenty grandchildren, which include
a granddaughter who is currently prepping for the bar exam.
At his memorial, his family was led in by the renowned piper, Eric Rigler (who was
the piper at Ronald Reagan’s funeral), USMC honor guard flag presentation and taps,
with attorney, and former California State Bar president, James Heiting, film director
and frat brother, Robert Butler, and daughter, Michelle, as speakers.
Bruce,
We will not forget you.
We will tell stories about you.
We will laugh and sing and think of you.
We will brag to others that we knew you.
You will be in our hearts forever.
Although many of us thank God that He blessed us by placing Bruce in our lives, as
Bruce would tell us, it is time to “Let Go and Let God.”
We will all miss you.
Bruce’s memorial service has now been posted to YouTube, at the following link: http:
//www.youtube.com/watch?v=0FVcytptQ-o.
You can also find the video by searching YouTube for the following: “BRUCE DUNCAN MACLACHLAN MEMORIAL - 6/2/2013”, or descriptive words that will take you
there.
San Bernardino County Bar Association
2
President’s Desk...
(continued from page 1)
Anderson in her article, featured on page 9, regarding
the Inn of Court presentations from Judge Slough and
Presiding Justice Manuel Ramirez of the Court of
Appeal.
A $63,000,000 increase in money for the courts
statewide has been agreed upon in the new California
budget. In a recent conference call with State Bar
President Pat Kelly, there is optimism that a mid-year
revision may be considered if revenues continue to
exceed expectations.
_________________________________
With the tumult that has hounded us through the first
half of 2013, it is important to find time to relax and
enjoy the summer. Thirty members of the Joseph B.
Campbell Inn of Court and their friends and family
enjoyed an Inland Empire 66ers May 31 game at San
Manuel Stadium, followed by a brilliant fireworks
show. I hope that you find time to relax and unwind
and have some fun over the summer.
For the golfers among us, now is the time to start
sharpening your game and gathering a team to compete
in the San Bernardino County Bar Association’s 13th
Annual Bench-Bar Golf Tournament. This year’s
battle royal is scheduled for Friday, September 20,
2013 at the Shandin Hills Golf Club, located on
Little Mountain Drive off the 215 Freeway in San
Bernardino. This is a fun and exciting event, with some
truly great golf (according to the golfers involved)
followed by a terrific meal and a well-stocked raffle
with thoughtful and usable prizes. Men and women
of all skill levels, both sporting and comedic, enjoy
an afternoon of banter with the Bench, battle with
the greens and chase white dimpled balls around the
manicured greens. We’ve ordered pleasant weather,
with soft ocean breezes.
Raffle prizes and sponsorships are a great form of
advertising, and are a big help to ensure the success
of the event. Law firms, legal service vendors, and
individuals are invited and encouraged to support the
SBCBA and gain recognition for your organization on
the course and in the event program. Contact the bar
office at (909) 885-1986 for information and guidance
on sponsorships or raffle prize donations.
This is a great fund raiser for the bar association. If
you, like me, feel that you are banned from the golf
course by the Society for the Prevention of Cruelty to
Earthworms, join us for dinner and socialize with the
golfers. You’ll have a ball!
July-August 2013
State Bar Task Force on Admissions
Regulation Reform
San Francisco, June 11, 2013 – The State Bar Task Force on Admissions
Regulation Reform today recommended new competency skills training
requirements for newly admitted lawyers that are designed to improve their
readiness to practice law.
The draft proposal, which requires the approval of the State Bar Board of
Trustees and possibly the California Supreme Court before adoption, calls
for:
• 15 units of competency skills training during law school
• 50 hours of legal services devoted to pro bono or modest means clients,
either pre- or post-admission
• 10 extra hours of post-admission Minimum Continuing Legal Education,
specifically focused on competency skills training
The 22-member task force – comprised of academics, lawyers, judges and
others – finalized the report today after holding eight public hearings in Los
Angeles and San Francisco over the past year.
“I have been pleased and gratified at the level of interest in the work of
this task force from all across the country,” said Jon Streeter, task force
chairman and former State Bar president. “What we are doing is profoundly
important because of the size of our bar and the statement we’ll be making
about better preparation of lawyers as they enter the profession.”
State Bar President Patrick M. Kelly thanked the task force for its hard
work, which he said is more important than ever given the uncertain job
prospects for many recent law school graduates.
“We want to better prepare lawyers to face the challenges and reach the
potential that brought them into law school in the first place,” Kelly said.
The report now goes to the Regulation, Admissions and Discipline Oversight
Committee of the State Bar Board of Trustees for further action.
The task force has now completed its work. An examination of law school
accreditation rules, which was part of the task force’s original mission, is
being taken up by the State Bar’s Committee of Bar Examiners.
The State Bar of California is an administrative arm of the California Supreme
Court, serving the public and seeking to improve the justice system for more than 80
years. All lawyers practicing law in California must be members of the State Bar. By
June 2013, membership reached 242,000.
IE Attorney James Heiting Appointed to Chair
ABA Substance Use Disorders Advisory Board
James Heiting, former State Bar President and former West
Coast Commissioner for the Commission on Lawyer Assistance Programs, has been appointed to chair the American Bar
Association’s Substance Use Disorders Advisory Board for the
year 2013-2014. Heiting is managing partner of Heiting & Irwin in Riverside, California.
The ABA Chair of the Health Law Section, in notifying Heiting of the appointment, indicated “leadership appointments
within the ABA Health Law Section are recognition of one’s
abilities, dedication and demonstrated commitment to the mission of the Section. Our success is due to the superb quality of
our exceptional leaders.”
July-August 2013
“The oldest continuously active bar association in California”
3
SBCBA’s 13th Annual Bench-Bar Golf Tournament
Exclusive Hole Sponsor (1 per hole)
[Hole #
]
$ 300.00
Shared Hole Sponsor (3 per hole)
[Hole #
]
$ 150.00
Sand Trap / Lake Sponsor
$ 75.00
Golf Towel Sponsor (1 only!) Name or Logo on tournament towels (must submit by August 10)
$ 550.00
Golf Goodie Bags Sponsor (1 only!) Your name on goodie bags (must submit by August 10)
$ 550.00
Golf Hat Sponsor (1 only!) Your name or logo on tournament HATS! (must submit by August 10)
$ 650.00
Sports Bottles – Your name or logo on 20+oz. sports bottles! (must submit by August 10)
$ 375.00
[SOLD]
Raffle Prize - Your product(s) or Gift Certificate(s) for our dinner raffle:
Name___________________________________________________Company_______________________________________________
Address________________________________________________________________________________________________________
Phone and/or email______________________________________________________________________________________________
Please attach TEE BOX MARKER INSCRIPTION (your ad copy) to this form
Tournament Rules
1.
Each team must use a minimum of two tee shots per
player.
2. Select best tee shot, then all players must play second shots
from one club length of that point, except putts, which
must be played from the same point.
3. Play continues in this manner until the ball is holed out.
4. Longest drive - trophy awarded.
5. Closest to the pin - trophy awarded.
st nd
rd
1 , 2 and 3 place trophies awarded.
6.
7. Women play from red tees; men play from white tees.
8. Each team may purchase/use maximum of 18 Mulligans
(only one per team per hole).
9. Each team must submit a score card.
10. Really pitiful players may bring a croquet mallet.
Fee includes dinner buffet & 2 Raffle Tickets per player
(Limited to 36 teams or 144 players)
Team/Company Name:
1.
2.
3.
4.
*Single Entries will be placed on a Team the day of the tournament
Date:
Friday, September 20, 2013
Place:
SHANDIN HILLS GOLF CLUB
3380 Little Mountain Dr.
San Bernardino
12:30 p.m.
Payment method:
Check#________________________________________________
Amount Enclosed: $_____________________________________
Credit Card #:_________________________________________
Expiration Date: ________________________________________
Make check payable to SBCBA and mail form and
check to:
SBCBA Golf Tournament
555 N. Arrowhead Avenue
San Bernardino, CA 92401
Single Entry?*
Y/N
Shotgun Start:
Format:
Entry Fee:
Field:
Deadline:
Scramble
$150 per player or
$500 per team ($100 savings!!)
Limited to first 36 paid teams
September 17, 2013
Good Food & Raffle Prizes!
Don’t golf? Come to watch, socialize, and eat!
Dinner ONLY - $20.00/person
July-August 2013
San Bernardino County Bar Association
4
Early Mediation in Trust and
Probate Litigation
Helping Your Client Understand the Good, Bad and Awful
By: Richard Lister
F
or those who handle probate and trust litigation, how many times
have you heard something sounding like this?
It’s a matter of principle! This is the way my father wanted it, and I’m
gonna fight
to the end to make sure I honor his wishes.
And you might be thinking to yourself: Yeah, well the minute you
asked to me take up your fight, Dad’s plans took a right turn. You
may think you know what his wishes were, but it doesn’t matter.
Someone wearing a robe is going to decide if he wanted you to have
the house.
Plus it’s a reasonably good bet that Pop didn’t want lawyers to
become co-beneficiaries with his children or anyone else in his estate
plan.
You try to explain these things in more tactful language. But of
course the client’s unyielding belief in the cause’s righteousness
doesn’t allow these truths to have the clarity they might if the case were
less emotionally infused. A client’s angry or defiant unwillingness to
consider the problems more rationally is a challenge for the diligent
probate trial lawyer. It is here that early mediation can help.
Often even the first attorney-client communications turn toward
the wisdom in seeking a negotiated settlement. But the client’s fervor
often provides too fine a filter to let the soundness of that advice
get its due recognition. But with the attorney’s clear, patient, and
sometimes persistent explanation of the expense, emotional trauma,
and unpredictability that comes with a legal war, clients can develop
enough appreciation for early mediation’s value, both economically
and for the hope that a negotiated resolution will bring peace of
mind.
For your part, the mediator can be an ally in helping the client
see more clearly the advice you’ve been giving, but which may not
always strike a chord.
Reminding the client that the testator’s or trustor’s plan has been
dashed once it is contested allows the conversation to shift to who will
pick up the pieces. You can remind the client: “Your father’s wishes
can’t be carried out any more, if only by the simple fact that you and
those you are fighting are draining valuable assets to pay my fees
and those the other attorney is charging. This kind of case gets very
expensive. I’m sure your father didn’t want the attorneys to wind up
with ‘everything,’ as they say.
“And since the air is now coming out of the balloon, who would you
rather have the final say in who gets dad’s estate? You or a judge?
“If you go to mediation, you will have the chance to have a voice
in how this all turns out. It will end sooner, less expensively (with
the increased likelihood of netting more from your inheritance) and
you’ll love feeling the weight and stress lifted when it’s over.”
Like you, a skilled mediator will recognize the high emotional
investment your client has in the case. But he or she can help the
client see through those feelings to make rational judgments that have
to be made in the face of litigation’s reality.
Essential is the process allowing the client to understand that
someone neutral is listening. The chance for the client to give full
expression to not just the facts, but what is fueling the drive to fight,
will allow over time for the emotional barrier to give way to clearer
thinking about what is good and bad about the case.
And when the client says, “It’s not about the money,” you do your
best to stifle the chuckle, and you press ahead. But in cases where
the fight is over an estate’s distribution, there are serious client
interests driving the quest for money that can be as important to
settling the dispute as the money itself. Since these can be grounded
in highly volatile feelings, it is not often easy to root them out. But
an experienced mediator will spend time with the client in an effort
to see if a clue surfaces that provides answer to what the party might
be after in addition a larger share of the estate assets. There often is a
critical, hidden interest that unlocks the potential for settlement.
The client expects the attorney to see the case his or her way.
Sometimes your suggestions are lost in the expectation that the client
hired you to be an advocate, not someone to tell him or her things
that might go wrong with the case. But introducing a neutral into the
discussion allows the chance for the parties to vent for someone they
see as more impartial than they would like for their lawyer to be.
Allowing the mediation to unfold gives the client a chance at
what the capable attorney has advised from the outset—seeking the
best possible and least expensive resolution at the earliest possible
time. And the result is one which the client can help shape through
negotiation.
Mediation helps the diligent attorney by taking the case through the
steps in the process, allowing the client a chance to be heard and to
add a voice to how the case will end. Mediation in contested probate
and trust cases adds value in ways the client, at first, often doesn’t or
can’t fully appreciate. Counseling that mediation offers great benefits
goes a long way toward offering the most effective and valuable legal
service that an attorney can provide.
Richard Lister is a Neutral on the panel at Redlands Arbitration and
Mediation, Inc. He, along with Brian Simpson and Tim Corcoran are
available for mediations in contested probate and trust cases.
Redlands Executive Suites
is committed to providing you
with complete professional
services to support your
business.
Maximum Office. Minimum Price.
1255 W. Colton Avenue, Redlands, California 92374
(909) 363-4700
[email protected]
Consider our Virtual Offices and Conference Rooms
to meet your business needs!
www.redlandsexecutivesuites.com
NOTICE
If you wish to have an article,
notice, or new advertisement
placed in the September Bulletin
please submit it to the bar office
by the 15th of August.
July-August 2013
www.sbcba.org
5
!"#"$
!"#"$
%
%&
&
&'
&'
()*(
()*( +,
+,-
-
.
$
.
$ /%
/%
$ %
% 01201
"!
322#
!
"&40356
&/78
&/7822
22
7
751
7512
512
2
&/9
&/9
$")
San Bernardino County Bar Association
6
Did You Know?
RAMS Offers:
All Straus Institute, Pepperdine Trained Mediators
Highly Experienced, AV Rated Attorneys
More Than 240 Combined Years in Practice
The Only Inland Empire Mediator Listed as a
Top 50 Neutral and Superlawyer for ADR
Professional Fees Among the Most
Reasonable in Southern California
Visit our Website or Call to learn how we
can help you with professional fees that
make sense for you and your clients
Redlands Arbitration and Mediation Services, Inc.
1710C Plum Lane
Redlands, CA 92374-0100
(909) 798-4554
[email protected]
www.mediate.com/rams
Tim Corcoran
33 Years in Practice, Top 50
Neutral, ADR Superlawyer
Brian Simpson
41 Years’ Experience, Past
SBCBA President
Steve Weinberg
37 Years’ Experience,
Member ABOTA
Richard Lister
36 Years in Practice, Past
President SBCBA
Charles Schoemaker, Jr.
35 Years’ Experience,
Member ABOTA
Wayne Tucker
32 Years in Practice, Past
President SBCBA
Sean Judge
24 Years in Practice,
Mediator in Over 300 Cases
July-August 2013
July-August 2013
“The oldest continuously active bar association in California”
7
The iPad Lawyer: eDiscovery in a Cloud-Based World
by Scott J. Grossberg, Esq. --- Cihigoyenetche, Grossberg & Clouse
C
loud computing is where we all seem to be headed. For storage
and syncing with your iPad (and other devices), there are certainly
mainstream services like Dropbox, SugarSync, SkyDrive, Google
Drive, Box, SpiderOak, and other similar third party offerings. And
just recently BitTorrent Labs put forth an alpha release of its new sync
and share option (called BitTorrent Sync) which the publisher claims
is a “private” and “secure” way to share information. For others,
the cloud provides the freedom to use cloud-based vendor sites like
Facebook, Twitter, Amazon, PayPal, Salesforce, QuickBooks, and a
dizzying and ever growing array of similar services.
any person from death or serious bodily injury; (c) prevent fraud or
abuse of Dropbox or its users; or (d) to protect Dropbox’s property
rights. If we provide your Dropbox files to a law enforcement agency
as set forth above, we will remove Dropbox’s encryption from the
files before providing them to law enforcement. However, Dropbox
will not be able to decrypt any files that you encrypted prior to storing
them on Dropbox.”
(As a side note: I highly recommend activating what is called
“two-step” or “two-factor” authentication when using the cloud. This
takes security in cloud computing to the next level by requiring a user
While the use of the “cloud” certainly makes data archiving, to provide two authentication factors/data pieces that are then used by
collaboration, and paperless storage cost effective and easy in an iOS the provider to prevent unauthorized access and/or identity theft. You
environment, everyone should take the time to consider what would activate this through Dropbox following the instructions found here:
happen if you or your cloud service provider received a subpoena https://www.dropbox.com/help/363/en.)
or other legally sufficient court order to turn over your cloud-based
For those of you who want to use the cloud and are not in a position
information. From the research I have seen, it appears less than 20% of to negotiate a personalized service level agreement (that’s most of
cloud service users have an eDiscovery plan in place. And many of the you), here is a massively powerful yet easy to employ tip to which
organizations I have consulted with don’t even know if they have an Dropbox itself alludes - use encryption programs for your cloud-based
eDiscovery plan in the first place. These failings will ultimately lead data. Continuing with our Dropbox example, there are products like
to the inability to readily access requested information in a timely and Viivo (http://viivo.com) and BoxCryptor (http://boxcryptor.com) that
cost-effective manner and could lead to catastrophic results.
will readily accomplish this goal. These types of products permit a
Others have proposed that cloud users need to carefully research, cloud user to create encrypted cloud-based folders/data. If Dropbox,
delineate, and in some cases, revise service level agreements directly for example, were to be served with a subpoena, then there is likely
with their cloud vendors to address everything from preservation of not much that can be done with the encrypted data by the receiving
data to admissibility in court. While the use of negotiated service level party without a court order that also mandates the requesting party
agreements makes sense in a vacuum and on a hypothetical basis, let’s be given the encryption key. Voila! You now have an added layer of
get real. The fact remains that neither you nor your clients are going to protection. And, both Viivo and BoxCryptor offer cross-platform and
be able to negotiate on a case-by-case basis with the likes of Google multi-device solutions. Viivo is free for personal and commercial use.
as to eDiscovery issues. Likewise, most companies are not going to BoxCryptor is free for non-commercial use.
host their own private cloud server for a variety of economic and ease
Finally, as organizations develop their technology policies, it
of use reasons. As a cloud user, then, you need to assume that at some remains a hard fact that proper training of employees and consistency
point in time the privacy of your data will be compromised. In other of policy enforcement is the day-to-day challenge. By creating a
words, it’s not a matter of “if” you will have to turn over information heightened sensitivity to cloud storage matters, some of the concerns
to someone, it’s a matter of “when” that will happen.
over eDiscovery can be mitigated.
With the massive push towards iPad use, Dropbox, as an example, is
If you enjoyed this, I’d be grateful if you’d share it with others.
gaining in popularity and ease of use.
That’s right, go ahead and help
In fact, most iPad apps are now built
spread this information by emailing
around automatic synchronization with
it to a friend, or sharing it on
Dropbox! Businesses and attorneys
Twitter, Facebook, or Google+.
The iPad Lawyer
I work with are, at the very least,
And, if you’re interested in finding
using Dropbox for agenda and other
out how I can make a presentation to
Real Secrets for Your iPad Success
document handling between iOS
your law firm or association, please
devices. Most of them, however, don’t
contact me at 909-483-1850 or email
The iPad – Your New Legal Assistant
realize that, although Dropbox touts
me at [email protected].
(Learn how to make the iPad work for you!)
its security features, those protections
© 2013 by Scott Grossberg. All
are in place to prevent hacking from
Rights Reserved.
the outside - not to prevent Dropbox,
itself, from giving up of information
Mr. Grossberg is a founding partner
in response to a subpoena. So there is
of the Southern California law firm of
Created specifically for legal professionals, this seminar will show
Cihigoyenetche, Grossberg & Clouse. He is
no doubt in your mind where this is
you how to effectively use an iPad in a legal environment.
a featured speaker and published author on
all headed, here is the current privacy
numerous topics including media relations,
posting from Dropbox on that topic:
social media, technology, public speaking,
“Compliance with Laws and Law
memory, and various other cutting edge
In-house seminars at group rates are available.
Enforcement Requests; Protection of
concepts. Mr. Grossberg’s “iPad Lawyer”
For more information and pricing, contact:
Dropbox’s Rights. We may disclose to
seminars provide legal professionals with
the ability to truly harness the potential of
parties outside Dropbox files stored in
Apple’s tablet. He is regularly called upon
your Dropbox and information about
Scott J. Grossberg, Esq.
to address the impact of emerging technology
you that we collect when we have a
Author of The iPad Lawyer
and social media, suggest policies and
Phone:
909-483-1850
good faith belief that disclosure is
procedures that should be in place, and to
Email: [email protected]
reasonably necessary to (a) comply
discuss liability exposure for this new way
with a law, regulation or compulsory
of doing business. He can be reached at
[email protected].
legal request; (b) protect the safety of
8
San Bernardino County Bar Association
July-August 2013
July-August 2013
“The oldest continuously active bar association in California”
From the Desk of the President of the
HON. JOSEPH B. CAMPBELL
AMERICAN INN OF COURT
by Commissioner Diane I. Anderson
T
he Honorable Joseph B. Campbell Inn of Court held its annual End of
Year Banquet on June 12, 2013, at 5:30 p.m. at the Arrowhead Country
Club in San Bernardino. Guest speakers for the event were the Honorable
Marsha Slough, Presiding Judge of the San Bernardino County Superior
Court and Presiding Justice Manuel A. Ramirez of the Fourth District Court
of Appeal, Division Two.
Judge Slough’s presentation to the membership focused on the Court’s
budget crisis. She began with geographic and demographic information about
San Bernardino County which comprises more than 20,000 square miles with
a population in excess of two million. She noted that in the last 10 years the
population of San Bernardino County has increased by 21%.
As a result of severe budget cuts the following San Bernardino County
Superior Courts have closed: Chino, Informal Juvenile, Big Bear, Needles,
Barstow and one courtroom in Joshua Tree. That leaves the following Courts
open to serve the residents of San Bernardino County: San Bernardino,
Fontana, Victorville, Rancho Cucamonga, Joshua Tree and one courtroom in
Barstow that will remain open three days a week until June, 2014,
Judge Slough expressed a deep concern that these Court closures have
greatly impacted the residents of San Bernardino County. She told the
membership of a Defendant in a criminal case who rode his bicycle from
Barstow to Victorville along Route 66 to make his appearance at the
Victorville Courthouse because his case had been transferred from the
Barstow Courthouse to the Victorville Courthouse.
Judge Slough shared a chart with the membership which provided
information regarding the Court’s annual budget and its increasing deficit
beginning with 2010-2011:
YEAR:
BUDGET:
DEFICIT:
2010-2011
2011-2012
2012-2013
2013-2014
2014-2015
$109 Million
$103 Million
$ 84 Million
$ 89 Million
$ 89.73 Million
$ 1.8 Million
$ 4.7 Million
$17.7 Million
$ 9.1 Million (Projected)
$ Fiscal Cliff
Judge Slough also shared a chart with the membership setting forth a brief
history of the Court’s reserve account:
YEAR:
2009-2010
2010-2011
2011-2012
2012-2013
AMOUNT IN RESERVE ACCOUNT:
$39.3 Million
$37.5 Million
$ 3.8 Million
$14.2 Million
Judge Slough explained that a reserve account allows the Court to meet its
budgetary needs when there is a shortfall between the budget and operating
expenses. The reserve accounts for all of the Courts have been swept which
means the money was removed from the reserve accounts and used to meet
the State’s budget not the Courts’ budget; followed by a period of time in
which a reduced spend down by the Courts has been permitted. Judge Slough
explained that as of last year each individual Court will only be allowed to
keep the equivalent of 1% of its budget in reserve. For the San Bernardino
County Superior Court this will not even cover payroll for one month.
In addition to Court closures the San Bernardino County Superior Court has
taken the following measures since 2011: hiring freeze, employee furloughs,
stopped projects, said good-bye to some assigned Judges and employee
layoffs.
Judge Slough shared with the membership that the caseload in the San
Bernardino County Superior Court warrants 1500 employees. The Court
currently has 897 employees.
Judge Slough advised the membership that there is now a new methodology
for allocating the Judiciary’s Budget which will ultimately benefit the San
9
Bernardino County Superior Court. The new methodology will phase in over
a five year period as follows:
YEAR:
2013-2014
2014-2015
2015-2016
2016-2017
2017-2018
PERCENTAGE:
10%
15%
30%
40%
50%
Judge Slough indicated that the slow phase in of the new methodology does
not provide enough immediate relief to the San Bernardino County Superior
Court and that the Court will face its own fiscal cliff in 2014-2015.
Judge Slough also told the membership that the Legislature has proposed
to the Governor that he restore $60 Million to the trial courts for 2013-2014
and that it be allocated according to the new methodology, but stopped short
of proposing any adjustment to the 1% reserves. Of this $60 Million, the San
Bernardino County Superior Court would receive $6 to $7 Million. Judge
Slough also pointed out that Governor Brown could veto the $60 Million.
Judge Slough indicated that the San Bernardino County Superior Court
needs to implement $11 Million more in cuts, which will likely result in
more court closures, more employee layoffs and a further denial of access to
justice.
Presiding Justice Manuel A. Ramirez spoke to the membership about
Appellate Court caseloads. There are 105 Appellate Court Justices for the
State of California. Presiding Justice Ramirez told the membership that
the Fourth District Court of Appeals, Division Two in Riverside has seven
justices. Its resource base is 6.7% of the Appellate Courts budget and it does
10% of all of the workload. By comparison the Appellate Court in San Jose
also has seven justices, a 6.7% resource base and it does 5% of all of the
workload. With these numbers Presiding Justice Ramirez was demonstrating
the disparity between the workload of a comparable Appellate Court with no
additional resources being provided to the Riverside Court.
Presiding Justice Ramirez advised the membership that in 2011 the
Riverside Court experienced a 57% increase in its workload and in 2012 a
61% increase in workload. By comparison the San Jose Court has experienced
an 18% decrease in workload. Presiding Justice Ramirez told the membership
that every Appellate Court in the State of California has experienced a
decrease in its workload, except the Riverside Court, which continues to
increase.
According to Presiding Justice Ramirez, each Justice in the Fourth District
Court of Appeal, Division Two carries a caseload of 34 cases. By comparison
each Justice in the San Jose Court carries a caseload of 18 cases, and each
Justice in the San Francisco Court carries a caseload of 16 cases.
Presiding Justice Ramirez provided the membership with two charts. One
chart reflected that the Fourth District Court of Appeal, Division Two has the
highest population per justice at 621,415 and the other chart reflected that
since February, 2012, the Riverside Court has had the highest fully briefed
and submitted inventory per justice. In April, 2013 and May, 2013 this
number exceeded 80 cases per justice.
Presiding Justice Ramirez shared with the membership his fear that the
disparity in these caseloads will again lead to Fourth District Court of Appeal,
Division Two cases being transferred to other Appellate Courts in the State.
The presentations to the Campbell Inn by Judge Slough and Presiding
Justice Ramirez were both informative and sobering.
Also at the End of Year Banquet the membership elected its Board of
Directors for 2013-2014:
Kevin Bevins
Lisa DeLorme
Jack Osborn
Gregory Brittain
Judge Michael A. Knish
Donna L. Connally
Anthony Sears
Mark McGuire
Kathleen J. Patterson
Cmsr. Diane I. Anderson
President
President Elect
Vice President
Counselor
Judicial Liaison
Secretary
Treasurer
Program Chair
Membership Chair
Immed.Past President
For membership in the Honorable Joseph B. Campbell Chapter of the
American Inns of Court please contact our Membership Chair Kathleen J.
Patterson at [email protected]
10
July-August 2013
San Bernardino County Bar Association
Summer Water Safety for Kids
S
ummer is here! Schools are out and the pools
are open. Nobody loves to swim more than
your kids. And with a little extra awareness,
you’ll be able to ensure that your children stay safe
during their summer water activities. That said, it is
good for all of us to be aware of how to protect our
children from drowning accidents.
According to the United States Centers for Disease Control and Prevention (CDC), approximately
10 people die every day from accidental drowning.
Of these deaths, 2 are children aged 14 or younger. Last year, during the traditional summer season between Memorial Day and Labor
Day, 137 children younger than 15 years old drowned in a swimming
pool or spa and an additional 168 children required emergency medical care for near-fatal drowning accidents.
Accidental drowning remains the second-leading cause of death
for children nationwide. (Automobile accidents are the leading cause
of death for children.) In California, it is estimated that 78% of
drowning deaths involve children aged 4 and under. In fact, according to Safe Kids California, 75 California families lose a child under
the age of 5 to drowning every year!
Shockingly, most accidental drownings occur within 25 feet of a
parent or an adult. In fact, parents often do not notice a child who is
drowning. Although Hollywood portrays a drowning as noisy…the
victim splashing violently in the pool or ocean, screaming for help…
this is rarely the case. The truth is that most drownings are silent. In
fact, a child can drown within seconds, even before anyone knows
the child is in trouble!
When a person is drowning, the body goes into survival mode.
Rather than waving for help, the drowning
victim instinctively extends his arms laterally,
pressing down on the surface of the water to leverage his body so he can breathe. In addition,
most drowning victims are physiologically unable to call out for help. Instead of screaming
for help, the drowning victim is only focusing
on trying to take his next breath.
Often parents or older siblings in charge of
supervising other children in the pool are reading, talking on their cell phone, or texting. If
they’re not looking, they’re not watching! Even
if there is a lifeguard on duty, every parent and
adult should be vigilant.
Therefore, anyone planning to be around water
this summer, whether it be a pool, lake, river, or
the ocean, should be aware of some of the warning
signs of drowning. These signs include when the
child’s head is low in the water with the mouth at
or just below water level; the child’s head is tilted
backward with the mouth open; the child’s eyes are
closed or glassy and unable to focus; the child’s hair
is over the forehead or eyes; the child’s body is in
the vertical position and he is not using his legs; or
the child is unable to talk.
If you notice any of these warning signs, help the child immediately. Every second counts when a child is in danger! If you are unsure
whether the child needs help, ask the child if he is okay. If he doesn’t
answer you or only returns a blank stare, you may have only seconds
to get to him before he goes under the water!
Don’t let your family become a statistic! Teach your children to
swim at an early age. If your home has a swimming pool, familiarize
yourself with the California Swimming Pool Safety Act (California
Health and Safety Code §§115920-115929).
Check your pool and pool’s safety equipment to ensure it is not
defective and is in reasonably safe condition. If you host a party at
your home and have a swimming pool, establish pool safety rules and
make sure everyone knows the rules. Hire someone to supervise the
children swimming in the pool. Make sure the person hired knows
they are not permitted to read, talk on their cell phone, or text while
supervising the children.
Know basic cardiopulmonary resuscitation (CPR). The American Red Cross offers a wide variety of classes, including CPR and
first-aid. To check out the dates and times of
classes near you, visit www.redcross.org or
call the American Red Cross Inland Empire
chapter at (909) 888-1481.
Although the drowning statistics are daunting, with just a little extra care, you and your
family can have a fun filled summer that is
safe and creates wonderful memories!
The San Bernardino County Bar Association’s
Lawyer Referral Service needs panel members!
We have a need for panel members practicing in
the following fields of law:
Immigration • Collections
Legal Malpractice • Dental Malpractice
Landlord-Tenant Law
Please call Tina at (909)884-0273
or send an email to [email protected].
by Fernando Vargas
Fernando D. Vargas handles personal injury matters and can be contacted at 909 / 982-0707 or via
email at [email protected].
M ic hael B. Lyn c h
Polygraph Examiner Since 1974
Primary Instructor APA Accredited School
BS Criminal Justice / MA Public Administration
Twenty-Three Years Experience Law Enforcement
_________
Criminal Defense
Civil Litigation
Dispute Resolution & Arbitration
Sex Offender Issues
_________
(951) 529-2486
[email protected]
www.lawyerspolygraph.com
July-August 2013
www.sbcba.org
11
ADR Tips…
���������������������������������
�����������������������������
�����������������������������
�����������������������
��������������������
�������������������������������
���������������������������
����������������
�������������������
��������������
���������������������
�������������������������
���������������������������������������������������
����������������������������������������������
����������������������������������������������
���������������������������������������������
��������������������
��������������������������
����������������������������������
������������������������������������
���������������������������������������������������������������������������������������������������
��������������������������������������������������������������������������������������������������
���������������������������������������������
��������������������������������������������������������������������������������������������������������������������
�����������������������������������������������������������������������������������������������������������������������
�������������������������������������������������������������������������������������������������������������
� ������ � �� ��� � �� � � ���
�� �� �� � �� � � �� � � ����� ���
������ �� � � � �� �� ��� �� ��
�
������������
Attorneys At Law
� � � � � ��� � � � � � � � � � � � � � � � � � � � � � � � � � �� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �
�������������������������������������������������������������������������������������������������������
������������ ������� ���������������
����������������������
��������������������������������
� � �� � � � � � � � � � � � � � � � �
By Tim Corcoran
F
or the next few issues of the Bulletin I am
going to offer three tips to assist you in your
next mediation or arbitration. In this first issue
we will focus on mediator selection.
Tip number one: Know what type of
mediator you need.Neutrals are not created
equal; they range from settlement conference,
overly evaluative and directive types to those
who are totally facilitative, collaborative
consensus builders who refuse to evaluate
anything.Some neutrals only tool is a hammer
and consequentlythey finda lot of nails in a
mediation!There are alsoneutrals who refrain
from any evaluation and only facilitate dialogue
between the parties. In between these two ends of
the spectrum are neutrals whose skill sets permit
them to facilitate dialogue and be evaluative
when necessary. It has been said this neutral is
facilitative in the morning and evaluative in the
afternoon!
Tip number two: Consider the strengths of
the neutral in the selection process.You may
need a strong former judicial officer to temper
the client’s expectations or you may need
someone who will seek to build a consensus
through a collaborative process.Perhaps you
need someone who is sensitive to your client’s
needs in a death or wrongful termination
case or someone who has accounting skills
for a partnership dissolution.Strengths to
look for are those neutrals who focus on
listening and understanding the interests of the
participants.Also look for neutrals who employ
integrative bargaining techniques, demonstrate
negotiation coaching techniques and who create
an environment conducive to a successful
process.
Tip number three: Select a mediator who
gives you the most value for your needs.After
you have considered the type of neutral and
associated strengths now consider which neutral
gives you the most value.Usually, the economic
component of value translates in how much you
are willing to pay for the neutrals services. The
more important component is consideration
of the value the neutral brings to the process.
Value here is in the negotiation process itself; it
is the ability to close the deal.You’ve heard the
expression---Coffee is for Closers!The ability to
close the deal is demonstrated by those neutrals
who can help the parties avoid impasse and keep
the process going and achieve resolution. They
ask questions and they actively listen;they think
outside the box and explore options with the
parties to satisfy the parties interests and achieve
their goal.
When selecting your next mediator consider
the style, strengths and value that neutral will
bring to the process.
Tim Corcoran is a Neutral with Redlands
Arbitration and Mediation Services, Inc. and
is a Distinguished Fellowof The International
Academy of Mediators and a Fellow of The
American College of Civil Trial Mediators. His
practice is in Redlands.
12
San Bernardino County Bar Association
JULY-AUGUST 2013 ALMANAC
By: Tony Sears
A
ll times Pacific Daylight Time (PDT), which is minus seven (7)
hours from UTC (Universal Time Coordinated). Location: 34.1
N, 117.7 W. All astronomical data courtesy of the United States Naval
Observatory website:
July Sky. The July New Moon occurs on Monday, July 8, at 12:15 a.m.
The July Full Moon, known as the “Full Thunder Moon” occurs on July
22, 2013, at 11:16 a.m. and rises later that evening at 7:56 p.m. Look for
Mars and Jupiter very close together in the eastern sky before dawn on
July 22, about 4:45 a.m.
August Sky. The August New Moon occurs on August 6, 2013, at 2:
52 p.m. The August Full Moon, known as the “Full Green Corn Moon”
occurs on August 20, 2013, at 6:45 p.m. and rises at 7:09 p.m.
There should be great conditions for the annual Persied meteor shower.
If you ever saw a meteor shower at summer camp, then it was this one.
Monday, August 11, after 10:00 p.m. will be the best time. The waxing
crescent Moon will not be a factor, as it sets at 10:15 p.m. Any dark
sky will do. Grab the chaise lounge and look up at the sky. Look in the
Northeastern sky for Perseus the Hero. Perseus is a character from Greek
mythology, being a mortal son of Zeus and Danae. Perseus was deemed
a hero for his exploits in defeating the Gorgon monsters, slaying Medusa,
using the old “reflection in the polished shield” trick, and then rescuing
the beautiful Andromeda from the rock and the clutches of Cetus, the sea
serpent.
Perseus had all the cool gear, like the polished shield, an adamantine
(think titanium/diamond) sword, winged sandals, a magic rucksack,
and an invisibility helmet. Perseus later gave Medusa’s head to Athena,
returned the gear, and married Andromeda. As his reward, Athena placed
him in a place of honor in the constellations, near the other mythical
figures of Andromeda, Cepheus the King, and Cassiopeia the Queen.
Garden Notes: July and August are the time to get something going in
for your fall garden. I will be planting decorative corn in early July. The
corn will grow until mid or late October. You can use the entire stalk for
fall decoration. Just cut at ground level and bundle up the stalks. Arrange
the stalks for decoration and then husk the corn while still on the stalks.
You can later (November) use the ears of corn for your Thanksgiving
center piece.
I will also be planting a large Pumpkin patch in early July. I am planting
Jahrrdale pumpkins, an Australian heirloom variety. I have enough area
that I can grow the corn and pumpkins separately. If you are pressed for
space, pumpkins and corn are grow well together.
In late August, you can start again with the fall garden. Lettuce, Hot
Peppers, Green Beans, Wax Beans, and a host of others do well from
seeds planted in late August. Time it right, and you can some fresh
produce on your Thanksgiving table.
Tales from Brownlee. Last month, I reminded us all to never put ketchup
on a nice steak. I speak from experience. As a youth, I spent three (3)
summers working for my Aunt Nikki & Uncle Jim on a large cattle
ranch in Brownlee, Cherry County, Nebraska. Six miles west of US 83,
between Thedford and Valentine. 42.29 N, 100.62 W. On the North Loup
River in the heart of the Sand Hills. Aunt Nikki had this ‘74 Buick Electra
225 with a bumper sticker that read: “Eat Prime Beef. 31 Million Dogs
Can’t Be Wrong!”
Every spring, the X Lazy T would have about 800 new beef calves. In
any given year, a half dozen or so new steers where culled from the herd
and raised for beef production. Aunt Nikki & Uncle Jim had mastered
the technique for choosing and raising a steer on grass for 24-30 months
and finishing on corn. When finished with the program, some of these
big boys weighed in at 1800 pounds of Hereford or Hereford/Angus mix.
Due to their skill and experience, they often raised prime (or nearly so)
beef on a regular basis. I did not know this until much later, as I then
thought meat was from the butcher counter at Stater Bros.
On my first night there in mid-June of 1975, they put the spread out
for supper (dinner is what we call lunch...). Aunt Nikki and her summer
helper, Danielle, worked diligently all day in the garden and kitchen.
Fresh garden vegetables, home made bread, hash browns, and most
importantly, steak.
July-August 2013
Uncle Jim brings in a plate piled high with some his home grown Tbones. About two inches thick, 24 oz., cooked to perfect medium rare.
While the steaks were resting, we gathered at the table and said grace.
The food gets passed around and I loaded up. I then put ketchup on my
steak.
Now remember, back home in Upland, California, the only people who
got a good steak were movie stars. The only “steak” us kids ever got
require a liberal amount of ketchup to choke it down.
I now know not to sit within arm’s reach of Uncle Jim if you intend to
defile a fabulous T-bone. Before I could take a bite, he “lightly” smacked
me on the back of my head. Apparently, the ketchup was only there for
the hash browns.
July/August Recipe: For those warm summer days, I am trotting out
my signature recipe. This takes a little prep work, but is perfect after an
afternoon lounging by the dock at Lake Arrowhead. Go ahead and try it.
Caesar Salad ala Antoine
This salad is a smash hit with grilled chicken breasts. Season bonein, skin-on chicken breasts with poultry (paprika based) seasoning and
cracked black pepper. Grill for about thirty minutes. Then let the chicken
rest for at least another thirty (30) minutes up to two (2) hours covered
under foil. The chicken will be perfectly cooked, succulent, and easy to
get off the bone. The real show is assembling the salad anyways, so go
ahead and cook up your chicken ahead of time. Serves two-three for
“Big Salad” dinner or 4-6 as a salad course. If you need more, make it in
separate batches.
In a two (2) cup measuring cup, whisk together:
3/4 cup Dijon mustard,
1/4 cup red wine vinegar,
2/3 cup of olive oil
Have at the ready:
4 fillets of anchovy, packed in oil is fine. If you can get white anchovies,
then go for it! Anchovies are key. I know some people can’t handle the
intense flavor. Just try it, you’ll see that the anchovies blend into the
symphony of flavors.
1 cup of Parmesan cheese, grated. Go ahead and use the good stuff
on this one. A triangle of Stella is perfect. Never use the @#%*(! in the
green can.
Croutons, go for the Melrose Bakery Croutons. Yeah, they’re $7.00,
but what a crouton!
3 gloves of garlic, peeled. Cut out any green stems.
1 egg yolk. That’s right, a good old fashioned American egg yolk.
1 tablespoon of Worcestershire sauce
Juice from 1⁄2 lemon
1 head of Romaine lettuce, chopped, rinsed, drained, and chilled.
Optional: 1 tablespoon of honey and/or 1 tablespoon of hot sauce
(tabasco, Chalula, Tapatio, etc.)
Optional carne: grilled chicken/ thinly sliced tri-tip/grilled lamb chops
Optional: fresh baked bread. Those Pillsbury loaves in the cold case
are just the thing. Try using the bread to mop up the extra dressing in the
salad bowl.
Wine Pick: Sauvignon Blanc or Merlot
In a large (preferably wooden, to be dedicated only to this or other
salads) bowl, place anchovies, garlic, and two croutons. Using two
forks, crush garlic, and blend with anchovy fillets. The two croutons
will assist in this process by being abrasive. You need to thoroughly
blend the garlic and anchovies into a smooth paste. Trust me, this is
key and the anchovies will not overpower or otherwise be detectable in
the final product. Then, pour in lemon juice, Worcestershire, egg yolk
(again, if you have properly stored your eggs, there is no real risk here),
and 1/4 cup of Parmesan, optional honey or hot sauce. Blend together
with whisk. Now add the olive oil/red wine vinegar/Dijon mixture and
whisk throughly together. Add the Romaine, remaining Parmesan, and
Croutons and toss until well blended. Add the optional carne. Serve with
fresh cracked pepper and freshly baked bread. Since the Caesar dressing
is an emulsion, it doesn’t really keep that well. After you are done, please
wash out your nice wooden salad bowl with warm water and good scrub.
Air dry. Soap will ruin the bowl. The bowl will become seasoned and
actually get better with more usage.
Buon Appetito! Tony Sears
July-August 2013
www.sbcba.org
The World Is Changing
by Roberta Shouse
I
recently had lunch with the amazing Bill Shapiro and we
talked about what everyone is talking about today: How the
world is changing.
I told Bill I remembered the first time we met he had part of a
car parked in the courthouse. We laughed. The parking situation
has certainly changed, but I doubt we will ever again see a car
parked inside our court! We talked about people, places and
things in the 70s and laughed at how different people, places
and things are today. So Bill suggested I write something about
the changes I have seen in the legal community. Having worked
with Legal Aid all these years, I have seen the biggest changes
in Family Law, especially child custody and visitation.
Local attorney Kevin Ford recalled that in the 70s, almost all
parents were married. He said when he started doing family
law 35 years ago, every Mother was given custody, and every
Father was ordered to pay $150/month child support. Divorces
consisted of about 8 forms, start to finish. And in most cases,
Mother kept the kids and Father kept the money.
It wasn’t until the 1984 passing of the Agnos Minimum Child
Support Standards Act that the courts addressed appropriate
levels of child support and guidelines governing those awards
made above the minimum.
The 70s and 80s were busy with divorce cases but there were
very few cases involving non-married parents. In the 70s,
there were no judicial council forms to pursue parental rights.
Mothers were listed on the Birth Certificate, and they still had
custody and almost unrestricted say over Father’s visitation.
Fathers who were unhappy had little recourse but to hire an
attorney as all court documents had to be composed (OMG) on
pleading paper and were very difficult to do In Pro Per.
The page has turned on that chapter of history. I went to work
today and checked our statistics on custody disputes. About 1/3
of the custody cases we see involve unmarried parents. When
I shared this information with someone in the office, she said,
“Really, only 1/3? It seems like a lot more.”
In the 70s, parentage was tested by simply checking the
compatibility of blood type and Rh factors of the two parties.
Mothers could easily prove parentage by giving birth in a
hospital or having witnesses to the birth. Fathers had a more
difficult challenge as they normally had no witnesses to verify
their involvement.
Family Code Sections 3000 et seq. were created in the 80s.
This series of codes indicates that custody would be granted
to both parents, jointly. Prior to this time, an unmarried Father
had little chance of obtaining custody. By the 90s, more Fathers
envisioned a greater role in parenting, but the legal remedy
was still a costly challenge. However, the District Attorney’s
assignment to collect child support introduced many Fathers to
the courtroom. This, and the advance from blood testing to more
accurate DNA testing, has allowed Fathers to more easily prove
their parentage.
So, although fewer people are getting married, more Fathers
are getting custody. This is a very big change from 40 years ago
when unmarried, pregnant women were hidden or sent away and
the Father’s identity was the subject of gossip, not litigation.
This makes one wonder, did science advance our social
perspective of parenting? Or, has our social perspective of
parenting advanced the use of forensic science in family law?
What do you think?
If you are interested in volunteering or working on a project
with us, please call Roberta at 909/381-4633.
COURT CLOSURES!
Are closures and delays, with trial dates years away,
becoming an inconvenience to your clients?
We have the solution by offering GENERAL REFEREES,
DISCOVERY REFEREES, AND TEMPORARY JUDGES.
On lower value cases, we offer reduced-rate ADR programs.
Contact us for details.
CORPORATE HEARING OFFICE
13
San Bernardino County Bar Association
14
July-August 2013
CLASSIFIED ADS
SERVICES
Contract Attorney
Depositions & Depo Preps
Applicant, Plaintiff & Dr. Depos
Hearings
Status Conferences
MSCs
Mediations / Arbitrations
WC/PI/ Employment Law
Alan L. Siegel, Esq.
(951) 675-6008
[email protected]
REFERENCES UPON REQUEST
CPA FORENSIC ACCOUNTANT, Howard E.
Friedman. Business Valuations, Cash Flow,
Separate vs. Community Property Tracing. CourtAppointed Expert, Receiver, Special Master. Call
909/889-8819 Fax 909-889-2409 363 W. Sixth St.,
San Bdno, CA 92401.
BOOKKEEPING services — Over 15 years
experience working in the legal field. For additional
information please contact me @ (951) 236-1822 or
email [email protected].
DID YOU KNOW? Numerous factors can result
in CPS reports that contain biased, skewed, or
inappropriate conclusions and recommendations.
If your client has had involvement with CPS and
those records may be used in your case, contact
me for a FREE consultation. New recession rates
now in effect! Michelle Markel, MC: 909-389-8051;
[email protected]; www.mlmarkel.com
GOLDEN STATE MUNICIPAL PROCESS SERVICEFast, Efficient, Professional & Affordable service.
Covering San Bernardino, Riverside, Orange & Los
Angeles Counties. Nationwide service also available.
We offer Court Filing, Skip Trace, Stake Outs , Special
Handling and Rush/Same Day Service. Located in
San Bernardino. Free proof of service filing in San
Bernardino, Riverside, Fontana, Chino and Rancho
Cucamonga courts. See our website at Goldenstatem
unicipal.com. Phone- (909)-562-1871.
EXPERIENCED
IMMIGRATION
ATTORNEY
– Expertise in Criminal/Immigration Defense. ICE
Holds? Immigration Bonds? Deportable Convictions?
Immigration Court hearings? Call Today! Rogelio
V. Morales, Esq. • 11801 Pierce Street, Suite 200
Riverside, CA 92505 • 951-710-3039 (office) • Serving
Riverside & San Bernardino Counties • Se Habla
Español
ROVING REPORTERS, Cert’d Shorthand Reporters.
We provide exp’d., highly qual. crt reporters srvg all
So. Ca.; LiveNote/Realtime hookup; video, interpreter
service also avail. We use latest in technology incl.
ASCII disks & condensed transcripts always free of
charge w/your transcript. Celebrating 25th year in
business. 800/955-7969.
CIVIL APPEALS, WRITS, MOTIONS: Crisp, cogent,
thoroughly edited by 17-year civil practitioner.
Published Calif. Supreme Court opinion; appellate
& trial court briefs (pre- and post-trial motions);
many successful summary judgment motions,
oppositions. Am. Jur. Award Adv’d Lgl Research
and Writing. Superlawyers’ Rising Star. Member,
U.S. Sup. Court. Law Offices of A. Gina Hogtanian.
(818) 244-7030. Website: hogtanianlaw.com. Email:
[email protected].
CONFERENCE ROOM AVAILABLE for rent in
Victorville. $100 to $150 per day. Call Shirley at
Medeiros & Associates (760) 245-4034. 14390 Park
Avenue in Victorville. www.medeiroslaw.com.
THE LAW OFFICE OF STEPHEN J. HANSEN, in
Chino, handles Family Law, Chapter 7 Bankruptcy, and
DUI defense. I am available for special appearances
at reasonable rates. My phone is 909/393-1876, Fax
951-270-1935.
COX INVESTIGATIONS: Criminal Def. Personal
Injury, Accident Investigation, Evidence Photography.
Retired CHP. PI License #24367. 909/387-0077.
www.coxpi.com
FAMILY LAW - CIVIL LITIGATION ATTORNEY w/
multiple years exp. avail. for depos and appearances
including federal court throughout SO CA. Please call
Shauna M. Wickham - 951/440-6938.
ALAN R. SIMS APPRAISING - Comml, Residential,
Estates, Litigation, Divorce, Ins., M&E. 909/584-8820.
[email protected]
HI-CALIBER PRIVATE INVESTIGATIONS: State
licensed/insured private investigations firm. Located
in downtown Redlands. Nat’l Board Certified in Crim.
Defense. Family & civil law.(Ca Lic 23442.) 18 E. State
St., #208, Redlands, CA 92373. Phone: 909/7920999; www.hi-caliber.org
LAW OFFICE OF CHRISTIAN ANYIAM: Full service
law practice handling civil, family, real estate, labor/
emp., PI, immigration, and contract law. We also make
special court appearances. Call 909/383-9500.
FAMILY LAW - CIVIL LIT. ATTORNEY avail. for contract
work: court hearings, research, trial assist., prep of
motions, mediations. Ugo-Harris Ejike: 909/890-9082.
LEGAL SECRETARY, Ellie’s Legal Secretarial Service,
350 W 5th St., #202, S.B. CA, 35 years exp. Prep of most
court forms, Guardianships, Fam Law, Evictions, Grant
Deeds, Restraining Orders, Notary Public. 909/8851725.
CIVIL AND CRIMINAL APPEALS & WRITS. Stanley W.
Hodge, Attorney at Law. 15490 Civic Dr. #204 Victorville,
CA 92392 760/951-8773.
EXP’D FAMILY LAW PARALEGAL / Legal Secretary
available on a contract basis. For immediate assistance,
call (951)805-4735 or e-mail [email protected].
OFFICE SPACE
HOLSTEIN PROFESSIONAL BUILDING. 3 Office
suites available for lease - 895 square feet to 8,884
square feet. $1.15 per square foot. Lease terms are
1-3 years. Tenant improvements negotiable. Minutes
from downtown Riverside. On site parking. Easy
freeway access to the 60, 215, 91. Contact Rene
Berger at KRB Properties to schedule a walkthrough.
Phone (949) 548-0040; Cell (714) 336-8559; email
[email protected]
REDLANDS OFFICE SUITES FOR LEASE / 1980
Orange Tree Lane, Redlands. Lease rate: $1.65
FSG. Suites available from: 1,492 sq. ft. to 12,305 sq.
ft. Call Roger @ (909) 518-0343. Roger Thompson
CA. DRE 01310608.
OFFICE SUITES AVAILABLE: Riverside County
Bar Association Building, 4129 Main Street,
Riverside Downtown Justice Center. Contact Sue
Burns at (951)682-1015.
FOR SALE: Redlands Office Building, 1174 Nevada
Street (off Orange Tree Lane). 8,344 Square feet, with
5,100 sq. ft available on ground floor for owner/user
occupancy. Asking $899,000. Will review all offers.
Roger Thompson, Wallendar Commercial RE. 909/7923550 X 2.
NOTICES
CONFIDENTIAL HELP! Judges & Attys in trouble
w/alcohol, drugs. 800/222-0767; 909/683-4030, 24
hours-7 days a week.
SBCBA Members: Advertise FREE for 6 mo.
in Classifieds. Continue ad for $10 per month in
advance. Non-members $10 a month in advance.
909/885-1986 or email [email protected].
Seeking Position of Family Law Paralegal
in Inland Empire. 17 years experience in
Family Law, and 3 years experience in
Chapter 7 Bankruptcy. Please call Debbie
at 909/831-5506. Resume upon request.
Legal Assistant/Secretary with over 22 years
of experience in construction defect, insurance
defense, medical malpractice and personal injury
litigation seeking a full-time position within a law
firm in the Inland Empire.
Extensive trial experience, thorough working
knowledge of federal and state court rules,
deadlines, e-filing, discovery, law and motion,
complex cases, arbitration and mediation
procedures. Additional experience includes general
office management, maintaining firm’s calendar for
all trial, discovery and motion deadlines, on-site IT
and office receivable and payables. Please email
[email protected] for a resume and letters of
recommendation.
FOR SALE
CLOSING LAW OFFICE – The following items are
available for sale: 1) One large dark wood desk
(approximate 10’-12’ in length); 2) One black leather
office chair (to go with the desk); 3) Two office
chairs, black leather & wood; 4) Two bookshelves
(approximately 4’ high x 4’ wide) and 5) One long
dark wood credenza (approximately 12’-14’ in length
x 3’ high). You pick up. Items are located in the Vanir
Tower on the 9th floor at 290 North “D” Street, San
Bernardino, California. To make an offer on any of
these items, please call Brian Cullen’s office and ask
to speak with Edwina Lenoir (909) 888-1000 or call
and leave a message for Tom at (909) 225-5193.
July-August 2013
“The oldest continuously active bar association in California”
15
� !����
����
����
"#$%##$%&'((
�
!"#$ !
%"&$ #!#'(# !(
!
"##$
16
San Bernardino County Bar Association
BULLETIN
of the
July-August 2013
Workers’ Compensation/Social Security Disability Issue?
MAYBE WE CAN HELP!
San Bernardino County
Bar Association
“California’s Oldest Continuously Active
Bar Association”
Organized December 11, 1875
In Affiliation with the
High Desert Bar Association
2012-2013 Board of Directors
Donald F. Cash, Donna V. Siofele, Francisco T. Silva, Darla A. Cunningham, Scott M. Rubel
OFFICERS
We have over 70 years of experience in representing injured and disabled workers before the
Workers’ Compensation Appeals Board and Social Security Administration. If you have clients who
need help with Workers’ Compensation or Social Security problems, please have them call our
office for a free consultation. We pay referral fees in accordance with State Bar Rule 2-200(A).
Kevin B. Bevins
President
John R. Zitny
President-Elect
STATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATION
Jack B. Osborn
Lerner, Moore, Silva, Cunningham & Rubel
Vice-President
Secretary-Treasurer
Jennifer M. Guenther
Immediate Past President
DIRECTORS-AT-LARGE
Hon. Diane I. Anderson
Hon. Khymberli S. Apaloo
Victor J. Herrera
Barbara A. Keough
Eugene Kim
Michael Reiter
John W. Short
Sandy L. Turner
Executive Director
Claire E. Furness
“The mission of the San Bernardino County Bar
Association is to serve its members and
the community and improve
the system of justice.”
555 North Arrowhead Avenue
San Bernardino, CA 92401-1201
(909) 885-1986 Fax: (909) 889-0400
E-mail: [email protected]
Web: www.sbcba.org
T
WORKERS’ COMPENSATION LAW CERTIFIED SPECIALISTS
Bradley R. White
he Bulletin of the San Bernardino County Bar
Association is published 11 times a year. Our
circulation is approximately 1,100, including: our bar
membership of 900, 95 state and federal judges, state
&local bar leaders, legislators, media, and businesses
interested in the advancement of our mission.
Articles, advertisements and notices should be received
by the bar office no later than the fifteenth of the month
prior to the month of publication. For current advertising
rates, please call the number listed above. Please direct
all correspondence to the above address.
Ph: 909/ 889-1131• Fax: 909/884-5326
141 North Arrowhead Avenue, Suite 1
San Bernardino, California 92408-1024
www.injuryatwork.com