July/Aug 2011 Volume 42, Issue 7/8. The Marin Lawyer. An Official Publication of the Marin County Bar Association

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1 July/Aug 2011 Volume 42, Issue 7/8 The Marin Lawyer An Official Publication of the Marin County Bar Association General membership meeting Supervisor Susan Adams to Speak to Members of the Marin County Bar Association MCBA welcomes Supervisor Susan Adams to speak at the August General Meeting at San Rafael Joe s on August 31, Supervisor Adams s background is as a nurse and an educator. She spearheads a number of county-wide committees and task forces dealing with health care and homelessness, and is working toward policy changes to create a national universal comprehensive healthcare system in California. Supervisor Adams represents District 1, in her third four-year term as County Supervisor, and serves as the Board President. Susan has expressed interest in the seat vacated by the retirement of Congress woman Lynn Woosley. Join us and hear Supervisor Adams discuss the challenges facing Marin, including the SMART rail-line and the impact of budget cuts on community services, and just possibly, her plans for the future. Please join members of the Marin County Bar Association at our General Membership Meeting on August 31st at 12 noon at San Rafael Joe s. See page 2 for reservation form. Calendar of Events August 31st General Membership Meeting 12-1:30 August 17th Probate & Estate Planning Meeting 12-1:30 pm August 22nd Probate & Trusts Mentor Group 12 1:30 pm Look for details each month in The Marin Lawyer In This Issue President s Message... 2 Lee Domanico... 3 Spotlight on Lawrence A. Strick... 4 SF to Close Courtrooms... 5 Ian M. Sammis... 6 The Hardest of Times... 7 California Public Records Act... 8 Court Notices... 9 Juvenile Court Facility to Close Application to Become an Officer Short Sale Law New Members/ Change of Scene Calendar Details Marketplace Charles D. Dresow and Lawrence A. Strick were Guest Editors of this issue of The Marin Lawyer. Kate Rockas is Series Editor for The Danger of No Internet Presence By Charles D. Dresow Potential clients expect to find accurate information about you and your law firm online. No information is bad information. Search your name in any popular search engine, google, yahoo, bing, etc.... See what comes up. Is the information accurate? Outdated? Or is there no information? In order to remain competitive in the 21st century you must manage your online presence. Like it or not, potential clients are going to perform online research when choosing an attorney. If a person is referred to you they may search your name before they make the first phone call. If they find a negative review, or no information, they might not make that call. (Continued on page 12. 1

2 By Otis Bruce, Jr. PRESIDENT S MESSAGE COMMIT TO PUBLIC SERVICE: SUPPORT THE LAWYER REFERRAL SERVICE PROGRAM Why promote the significance of the Lawyer Referral Service (LRS) operated by MCBA? How important is LRS? How successful is LRS? Each year MCBA board members are faced with addressing these questions and encouraging our members to continue supporting the LRS program. Service to the public and our particular clients is important to all dedicated lawyers. But sometimes you just have to give back! According to the American Bar Association, Lawyer referral services have been in operation in this country for over 50 years, and were first established in response to requests by middle income persons for assistance in obtaining appropriate legal counsel. Lawyer Referral and Information Services are designed to assist persons who are able to pay normal attorney fees but whose ability to locate appropriate legal representation is frustrated by a lack of experience with the legal system, a lack of information about the type of service needed, or a fear of the potential costs of seeing a lawyer. Lawyer referral programs offer two important services to the public. First, they help the client determine what type of problem they have by screening inquiries and referring the client to other service agencies when appropriate. The second, and perhaps more important, function of a lawyer referral service is to provide the client with an unbiased referral to an attorney who has experience in the area of law appropriate to the client s needs. How successful is the LRS program operated by MCBA? To be an effective and a valued MCBA community resource, the LRS program needs more support from attorneys. If you were asked to identify the most obvious changes to legal practice over the last 15 years, your response would most likely be the increased expectations of speedy or even immediate service would be at the top of the list. The rapid changes in the technology of law practices and in the courts, advances in social media-facebook, twitter, linked in, the globalization of the economy and the close scrutiny of the 24 hour media cycle provide both the (Continued on page 12.) Serving the legal community of Marin since 1965 MARIN PACIFIC COMPANY.INC. General Insurance Brokers and Agents PROBATE BONDING Fourth Street Daniel C. Dufficy San Rafael, CA Gail Anne Geary Representing major surety carriers fast local service RESERVATION FORM General Membership Meeting Speaker: Susan Adams Please make reservations for me at San Rafael Joe s, 931 Fourth Street in San Rafael on Wednesday, Aug 31, 2011, from 12-1:30 pm. Please choose one: Roast Sirloin of beef Chicken Caesar Salad Cannelloni ala Romana Name(s) or Firm Name: Phone: Enclosed check for ($25 members and $35 non members.walk-in $10 more) Visa Mastercard 3 digit code Exp Address Zip Please, we must have RSVP s by Aug 24, Make checks payable to MCBA and mail to: MCBA, 30 North San Pedro Road, Ste. 140, San Rafael Reservations are non-refundable unless the individual provides at least 24 hours cancellation notice to MCBA.

3 Lee Domanico at MCBA General membership meeting The Marin Lawyer Selected as the 2011 New Product of the Year by the American Association of Law Libraries. Lee Domanico, Len Rifkind, Otis Bruce Lee Domanico, CEO of the Marin Healthcare District addressed the MCBA at a general membership meeting on June 29, 2011 at Jason s Restaurant. Mr. Domanico has spent his career as a health care executive. He has successfully reorganized and managed major hospital health care systems throughout the country. You can call him a hospital trouble shooter; he is renown for saving hospitals. Mr. Domanico detailed the history of Marin General Hospital from its creation in the 1950s through its transformation into a modern hospital. The story of the hospital mirrors the growth of Marin County, the complexities of delivering modern health care and the uncertainties of how to delegate medical resources as the cost of health care spirals. Mr. Domanico came to MGH at a time of great change. He was hired in January 2008, and managed the successful transition of the Hospital from its management and control under Sutter Health to the Marin Healthcare District. Mr. Domanico explained how he was able to secure operational funds for MGH. Part of that funding came from a $20 Million loan from the Marin County Board of Supervisors. He was also able to secure a bank loan and commitments from various managed care companies which guaranteed access to an additional $60 Million in funds. Despite the difficulties in the credit markets which (Continued on page 15.) The Bay Area s Premier Reporting Service Complimentary Conference Rooms Document Depository Livenote/E-Transcript Videoconferencing I USE WESTLAW NEXT TO WIN. SUSAN CLARY, PARTNER HENNELLY & GROSSFELD, LOS ANGELES WestlawNext delivers a key competitive advantage for winning cases and clients. Susan says, Winning is what we care about most. WestlawNext gets us the right answers, and nuances of the law, easier and faster than anything we ve ever used. Most importantly, our clients get the right result faster and at a lower cost. It s a win-win. Hear what Susan and others are saying at Customers.WestlawNext.com. Learn more about Hennelly & Grossfeld at hennellygrossfeld.com. EXCLUSIVELY ON WESTLAW AND WESTLAW NEXT: RUTTER WITKIN CAL JUR MILLER & STARR Capturing your words with caring hands Paul Drive, Suite A San Rafael, CA Fax Thomson Reuters L /6-11 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. L _Fbw.indd 1 3 6/13/11 11:06 AM

4 NEED HELP WITH YOUR APPEAL? Appellate attorney with experience in: motion practice before the Courts of Appeal Appeals for Appellant & Respondent Peremptory and Alternative Writs I will: Spotlight on MCBA BOARD MEMBER LAWREnCE A. STRICK The Marin Lawyer: What is your practice area? Larry Strick: Our office is a 100% plaintiff s personal injury practice. We represent folks who suffer serious injuries arising from motor vehicle accidents, defective products, medical malpractice, workplace injuries, wrongful death, burns, assaults, sexual harassment, medical devises, falls, animal attacks, brain injuries, spinal cord injuries and injuries caused by the wrong of another. TML: Why do you live in Marin? LS: I am refugee from the great State of New Jersey. TML: What do you love to do when you re not busy practicing law? LS: I enjoy lots of things. I spend a great deal of time listening to music. I like reading non-fiction and I get a kick out of the daily comics. For the past year and a half, I have help you write your own brief Write it for you as your associate Appear in your case on a limited basis ClAY award for 2003 References & citations to cases available on request James I. Cohen 415/ been producing and hosting a TV show, Marin Voices and Views on Channel 26 with Peter B. Collins. It has been blast learning about TV production and the challenges of maintaining a broadcast schedule. TML: Tell us about your family. LS: Barbara and I have been married 27 years. In addition to her many talents which include putting up with me, she spends a lot of her time making beautiful quilts. My oldest son, Derek, lives and works in New York in the TV production business. My youngest son, Aaron just graduated from college in May and spent the summer in Kenya working with a non-profit organization that provides computers to schools in third world countries. TML: If you could pursue any other career besides law, what would it be and why? LS: This is a hard one. I am not good at math. I cannot sing. I am horrible with a hammer and cannot draw a straight line. I just thought of something! Social Critic. I can be picky! TML: Why did you join MCBA? LS: I believe it is important to be a member of the local Bar. It is the right thing to do. I have come to understand the MCBA provides significant support for a number of valuable legal services in our community. TML: Why did you become a Director? LS: For the past 8 years, I have been on the Board of Governors of Consumer Attorneys of California and have been a Past President of the Consumer Attorneys of Marin. I have enjoyed the experience of Bar leadership and wanted to make whatever limited contribution possible at the local level. TML: If you had to pick a single highlight of your career, what would it be? LS: The best part of my job is obtaining full compensation for a client which permits them to be as comfortable as possible given the injuries they sustained. The reality is there are many people who have no safety net or support system available when they encounter hard times. Playing a part in having the Civil Justice System work makes the job worthwhile. TML: What is your favorite record album? LS: Just having a favorite album tells you I am an old guy. We really need to talk about downloads or some such thing. Regardless, it has got to be Bruce Springsteen s Born to Run. 4

5 SAN FRANCISCANS FACE LONG LINES, 5-YEAR CASE DELAYS FROM STATE BUDGET CUTS THAT FORCE THE COURT TO LAY OFF 200 EMPLOYEES, CLOSE 25 COURTROOMS San Francisco Presiding Judge Feinstein issued the following press release on July 18, 2011: Two hundred San Francisco Superior Court employees will receive their 60-day layoff notices this week as the Court prepares for an unprecedented dismantling of court operations with far-reaching public impacts, Presiding Judge Feinstein announced today. The civil justice system in San Francisco is collapsing, Judge Feinstein said. We will prioritize criminal, juvenile, and other matters that must, by law, be adjudicated within time limits. Beyond that, justice will neither be swift nor accessible. Judge Feinstein outlined these consequences for the public brought about by the recently passed state budget: Paying a traffic ticket or a criminal fine at the Hall of Justice could take hours of standing in line as fewer windows will be open due to staff cuts in the Traffic Division (Room 145) and the Criminal Clerk s Of- The Marin Lawyer Is there one local CPA firm that can handle all our needs? fice (Room 101). Obtaining criminal and civil records will take months. Only cases of unlawful detainer (eviction), those facing dismissal due to the passage of nearly five years and civil cases with statutory preference will proceed to trial. The rest will face extraordinarily long delays. Obtaining a divorce will take at least 1½ years. Self-help services for litigants without attorneys will be severely reduced, which will further add to delays in civil and family law cases. Reduced hours in all clerks offices. Although San Francisco is only one of six counties that is home to two complex litigation departments, which have proven to be extraordinarily efficient in resolving complicated civil actions, both those departments will be closed so that San Francisco s court resources can be focused on serving everyday people seeking resolution of their disputes. Equal access to justice is one of the fundamental underpinnings of our democracy, Judge Feinstein said. It is hard for me to fathom our great City which is known worldwide for its justice and fairness with a diminished, under-serving Court. Our employees and our citizens deserve better. (Continued on page 15.) Your one-stop resource for litigation support, forensic accounting, valuation and marital dissolution needs. Contact us today, and let us simplify it all for you! Gary O. Phillips Partner, MBA, CPA, CVA DZH Phillips LLP P D dzhphillips.com Offices in San Francisco San Rafael 5

6 Death of a Marin County Lawyer IAN MICHAEL SAMMIS, ESQUIRE By Edmund A. Duggan My friend, Ian, (died on 5/29/2011) was a lone attorney who quietly practiced law for many years in his downtown office on Tamalpais Avenue in San Rafael. Ian was a decent, honest, bright, innovative attorney who repre sented people, mostly poor or elderly or both and always at reasonable fees. Ian had a quality education with a BA in English from UC Davis and a JD from UC s Hastings College of the Law in San Francisco. Ian was entitled to the educational rank of Juris Doctor but did net flaunt his fine education. Of all of his many interests his favorite was President Lincoln. Ian was easily identified because he always wore suspenders and a bow tie. Ian also had a magnificent mustache which gave him the perfect appearance to play the part of Atticus Finch in To Kill a Mocking Bird. I understand that at casting time Ian was un available and the part of Atticus went to Gregory Peck, Why the comparison with Atticus Finch: In to kill a Mocking Bird Atticus says: Courage is not a man with a gun in his hand. It is knowing when you are licked before you begin but you begin anyway and see it through no matter what. You rarely win, but sometimes you do. Like Atticus, Ian did not flinch from difficult cases and won his share. In 1985 Ian, with others, started having regular monthly classes for the Marin Bar on changes in law in the upper room of San Rafael s Whistle-Stop. These classes allowed local attorneys to remain current with State Bar Continuation Legal Education re quirements and enjoy fellowship with other solo practitioners. What Ian started, continues better than ever and Ian s contribution will be long remembered. In addition to Ian s service to the Marin Bar, Ian held regular meetings for years for the benefit of the elderly at Whistle-Stop giving free, well considered advice, on legal and tax matters. Ian s death leaves a big gap in the availability of legal advice for the poor of Marin. He will be missed very much. 6 FAMILY LAW MEDIATION Michael B. SaMuelS Certified Specialist in Family Law Offering mediation of all aspects of Family Law, including Custody Time-share Parenting Plans Child and Spousal Support Property Division Also available for Minor's Counsel Parenting Coordinator (Special Master) Private Judging Law and Mediation Office of Michael B. Samuels 1120 Nye St., Ste. 250 San Rafael, CA EXPERT WITNESS Larry Levy Employee Relations Management 30 years full-time experience consulting in Human Resources Employee Relations * Investigations * Wage & Hour * Harassment * Discrimination * Handbooks * Mediation * Hiring Issues * Wrongful Term 458 San Marin Drive, Novato, CA (415) or (415) Web:

7 Anyone who has opened a newspaper or flipped on TV news or simply gone to a courthouse in San Francisco knows the sorry score for Lady Justice in the Bay Area. Once again, courtrooms are being shut down. Once again, the pursuit of justice is slowing to a crawl. The Hardest of Times By John A. Montevideo We all know the old adage that justice delayed is justice denied. That s what we re seeing in our California courts in the aftermath of the budgetary slaughter wrought in Sacramento at the start of summer. After several years of deep cuts, Gov. Jerry Brown signed a budget hatcheting $150 million from the judicial branch. Another $310 was axed from the court construction fund; courthouse construction projects will be delayed for a full year. It all comes on top of a $200-million cut this past spring. Taken in total, the past three years have seen California s courts wracked by 30% in general fund cuts. Suffice to say, this is no way to ensure justice for all in the Golden State. Such grim times remind us all in the legal profession that, though we joust with pride and prejudice in the practice of law, there are certain fundamental issues that unify us all as officers of the courts. Whether we re business litigators, family law attorneys, trial lawyers or all of the above, we all share an abiding belief in the need for ready access to the civil justice system. We all believe in the timely dispensation of justice. We all have fashioned our practices on a predictable past of courtroom availability without unreasonable delays. Amid these tough times, my organization the Consumer Attorneys of California has been at the center of efforts to stave off the worst for our courts. We ve worked diligently with the state officers of the courts in recent years to fashion fee increases and other funding solutions that, though a bitter pill, have proven the sort of welcome palliative care that has kept justice alive and courtrooms open. With the latest bad news, we at CAOC have strived to maintain both an honest perspective and a healthy resolve. We ve all seen that the latest budget cuts have hit services to the poor, the elderly, the disabled, college students and grade-school classrooms. Given such sorry cutbacks, it was inevitable that our courts would suffer. But our resolve remains to do everything possible to mitigate the fallout from this budgetary mushroom cloud. CAOC has long been one of the most effective voices in Sacramento for protecting the courts. We maintain a team of seasoned lobbyists who know how to dig deep into the inner workings of government. We also have in place a political operation that has as its primary goal ensuring that candidates are elected to the Legislature who understand the important role that the civil justice system plays in maintaining a civilized society in a time when uncivilized dissent is in fashion. Through this crisis, we have worked closely with Chief Justice Tani Canti-Sakauye and her Sacramento staff as well as the Judicial Council and local courts to do whatever is possible to keep courtrooms open. We have pushed court officers to shift money from various funds and projects to ensure gears of court operations remain in motion. We have encouraged court officials to allocate the budget cuts so that trial courts don t bear a disproportionate burden. We are at the table discussing new or increased user fees. We have established an emergency task force to come up with new funding proposals. Cuts are being managed at the county level. In some counties, enough surplus funds may be available to ease the impact on operations. But a few, chief among them San Francisco, are in more serious straits, in part because reserves were drained to avoid laying off employees during (Continued on page 16.) A. MAGGI SAUNDERS & ASSOCIATES CERTIFIED SHORTHAND REPORTERS Serving the Entire Bay Area since (office) (mobile) In a deposition, the Court Reporter is your biggest asset Lowest Per Page Rate - Delivered in One Week No Premium rates for Doctors, Expert Testimony, Evening or Weekend Depositions Free Condensed transcripts, ASCIIs, CDs, Translators, Video Depositions, Free Conference Room Member: National Court Reporters Association & SFTLA Multiple References upon request, UCLA Graduate with Honors And Mom to a talented young actor Labor & Employment, Civil Rights, Medical Malpractice, Complex Personal Injury, Construction Defect, Product Liability, Commercial Business The best court reporter always gets the last word! 7

8 THE CALIFORNIA PUBLIC RECORDS ACT By Charles D. Dresow The California Public Records Act (CPRA) is a valuable discovery tool for attorneys. The Act is California s version of the Federal Freedom of Information Act. The Act can be used to request records held by local, county, and state level government offices. Training manuals, policy manuals, manuals for government equipment, logs, statistics, and other records are all obtainable through the CPRA. The major concept of the CPRA is that government records must be disclosed to the public unless there is a compelling reason not to do so. All state and local governmental agencies are covered by the CPRA. The act is codified in California Government Code The CPRA requires that public records be accessible to the public at all times during office hours. Many government agencies have a designated individual who handles CPRA requests. For larger agencies this tends to be the custodian of records. For police departments this tends to be the Public Information or Media Relations officer. Certain agencies will have instructions for CPRA requests on their website or in their office. There is no cost to inspect the requested records. If copies are made, the requester must pay the direct cost of the duplication. The agency may charge reasonable costs if the information requested is voluminous or a significant amount of employee time is necessary to find or consolidate the information in response to the request. In order to access the records, a request must be made. This request can be made orally, but it is much more advisable to use a letter request and create a paper trail. The request should reasonably describe an identifiable record. (Govt C ). Once an agency receives a request for public records it has 10 days to determine whether the information sought is disclosable in whole or in part. Once this determination has been made, the agency must notify the requester. If the request is granted, the agency must provide the estimated date and time that the records will be made available. If the records are voluminous or there are other unusual circumstances the agency may extend the 10 day period for up to 14 more days on written notice. Except in specified circumstances the cost of the records is limited to the direct cost of copying the records. The CPRA grants government prosecutors special access to government records that are exempt from the CPRA by the general public. (Govt. C ). These records include (Continued on page 16) OFFICE SPACE FOR LEASE 24 Professional Center Parkway San Rafael, CA Space: Suite 250 (1,520 sq.. ft.) Availability: Term: Parking: Available now 1-3 years or longer 3/1000 sq. ft. Contact: Martin Perlmutter Senior Real Estate Advisor 24 Professional Center Parkway, Suite 130 San Rafael, CA Phone: (415) Fax: (415) DRE license # Features: Rent: Option: 7 Offices Many offices on Window Line with views Reception Area or Office or File Room Patio/Break Area Elevator Served Network Wiring Air Conditioned Janitorial Included Some Covered Parking Operable Windows Kitchinette-Fridge-Dishwasher- Microwave $1.75/Sq. Ft. Annual increase 2% per Year, tenant pays separately metered utilities Negotiable 8

9 NOTICE LEGAL SELF HELP CENTER HAS MOVED Please be advised that the Court s Legal Self Help Services Division has moved to the Court Floor, Room C-27, across the public hall from Courtroom C. Superior Court of California County of Marin Uniform Local Rules of the Marin County Superior Court Revised (California Rule of Court ) In accordance with the provisions of Rule of the California Rules of Court, the Superior Court Judges have revised and updated specific sections of the Uniform Local Rules of the Marin County Superior Court. With the approval of the Judicial Council of California and formal authorization from Chief Justice Tani Cantil- Sakauye, the following Local Rules of Court and Appendices have been adopted effective July 1, 2011: Civil Rules 1.8, 1.22, 1.26 Traffic Rules 3.6 Juvenile Rules 4.6 Probate Rules 5.2 Family Law Rules 6.7, 6.31, 6.32 Miscellaneous Rules 7.18, 7.19 Copies of the Uniform Local Rules of Court may be purchased at the Clerk s Office located in Room 113 at the Marin County Hall of Justice. The cost for a printed set of the Uniform Local Rules of Court is $ Access to the Uniform Local Rules of Court is also available - at no charge - through the Court s web page at: For additional information regarding this press release, please contact Court Administration at (415) Over 25 years of leadership in care and fiduciary management for disabled and older adults WHAT: ALL GOLFERS (AND FRIENDS OF GOLFERS) SAVE THE DATE!! FOURTH (ALMOST) ANNUAL MCBA GOLF TOURNAMENT (AND BENEFIT FOR GUIDE DOGS FOR THE BLIND) WHEN: FRIDAY, OCTOBER 14, 2010 WHERE: FORMAT: SAN GERONIMO GOLF COURSE SCRAMBLE (SO THAT GOLFERS OF ALL LEVELS MAY PARTICIPATE AND HAVE A GREAT TIME!) FOR FURTHER INFORMATION, CONTACT LOUIS FRANECKE BY PHONE (415/ ) OR REGISTRATION FORMS TO FOLLOW IN NEXT NEWSLETTER. When it doesn t make sense to litigate Over 20 years of mediation experience including: Business, Employment, Real Estate, Trusts/Estates, Partnership and Family. Specialist in working with difficult emotional and relationship issues. Former litigator at U.S. Department of Justice, Orrick and the Bianchi firm. Adjunct Professor of Mediation and Negotiation at UC Berkeley and UC Hastings Law Schools. Eileen Barker Ask about our discount for MCBA Members Marchi & SMith 311 Miller Avenue, Suite H, Mill Valley, CA Barker-Mediation.com 175 North Redwood Drive, Suite 295 San Rafael, CA

10 SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN Marin County Superior Court Plans to Close Offsite Juvenile Court Facility Following several years of budget cuts and on-going public safety concerns at the juvenile court facility, the Marin County Superior Court has decided permanently to close this courtroom effective Monday, September 19, 2011 and move all juvenile proceedings to the Marin County Civic Center Hall of Justice. The juvenile court facility was built many years ago in the Lucas Valley area of San Rafael and, at that time, was not designed with court security as a prime consideration. The recent increase in serious juvenile offenses and gang-related crime has brought these design deficiencies into sharp focus. For more than two years, the Court has made proposals to improve security in the juvenile courtroom without requiring an increase in the number of security personnel. The Court has been unable to reach consensus with the Public Defender s Office and indigent defense bar, and has received no constructive suggestions from them or any other interested party as to modifications to the courtroom or court proceedings to make the courtroom safe for court users and the public. Unfortunately, the latest proposal to add physical security Arbitration and Mediation Center Santa Rosa San Rafael Your Location Frederic L. Hirschfield Mediator/Arbitrator Effective Rapid Resolution 42 Years Civil Litigator Member: American Board of Trial Advocates JD: Golden Gate University School of Law BA: Colgate University General Personal Injury Products Liability Uninsured/Underinsured Motorist Medical Malpractice Professional Liability Landlord / Tenant Construction/Workers Comp Issues For scheduling, please contact the Center: 111 Santa Rosa Ave., Suite 202, Santa Rosa, CA Ph Fax has been seriously mischaracterized by critics who apparently oppose any change to the juvenile facility. This opposition has led the Court to conclude that the only way to address the public safety issues in the juvenile courtroom is by moving all juvenile proceedings to the Marin Civic Center. At the main courthouse, all members of the public, attorneys and others who have court hearings must go through perimeter screening and bailiffs are available to cover court proceedings. Regarding the closure of the juvenile court facility, Court Executive Officer Kim Turner acknowledges that this is just one in a series of difficult decisions that courts will confront as the impact of multi-year budget cuts is realized. She states, With courts across California under severe budget pressures, courtroom closures will be part of our new reality. San Francisco Superior Court is planning to close 25 courtrooms and other courts will soon follow. In Marin, we made every attempt to avoid this consequence but met with such resistance we were left with no option but to close the juvenile facility. We need more visionary thinking from those who resist change in criminal justice, as it is inevitable that courts will have to adjust the way they do business in the future. We were very disconcerted to see our reasonable efforts to make the courtroom safe for court users and the public characterized in misleading and negative terms. It would be indefensible for the Court to continue to conduct court hearings in a facility it believes to be inherently unsafe. The law requires sixty days notice to the public, the Judicial Council and the Legislature before closing courtrooms. For additional information regarding this press release, please contact Court Administration at: (415) SAVE THE DATE FOURTH ANNUAL MARIN COUNTY BAR ASSOCIATION MCLE FAIR November 5, 2011 Embassy Suites Hotel San Rafael 10

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12 (The Danger, continued from page 1.) (President s Message, continued from page 2.) Having no internet presence can damage your credibility with potential clients. The internet has rapidly overtaken phone books, print resources, encyclopedias, and libraries as a trusted source of information. Clients expect to find information about an attorney online. Whether justified or not, people rely on the internet as a source of accurate information. No internet presence is deadly to a law practice because a potential client might regard no information as a lack of credibility and choose to call a different lawyer. If you do not manage your internet presence you run the risk of potential clients finding inaccurate, outdated, or untruthful information. The following example illustrates the risk of not checking up on your internet presence. Say you started practicing law in Sacramento for a firm that handles workers compensation. Then you moved down to Marin and started a family law practice. Another attorney refers an individual to you who is getting a divorce. This individual googles your name and your profile on the old firm s website comes up. This individual might assume that you both are not located in the area and do not handle family law. You never get the phone call. In order to be competitive today you need to ensure that accurate information exists about you on the internet. Various websites allow consumers to post reviews of attorneys. A negative comment on one of these sites can cost you cases because it will come up in internet searches of your name. If you find a negative comment, getting it removed can be as simple as ing the website on which the review is posted and requesting the comment be removed. means and the need to be on duty all the time. However, the current economic difficulties, faced by our clients and the general public, should remind us of the need for more support and participation in our local LRS program. The importance of the LRS program was presented by Past President Beth Jordan in her August 2010 article Making a Difference: Lawyer Referral Service and bears reemphasis. These highlights are discussed each year by the MCBA board member and the Lawyer Referral Committee with an emphasis on ways to improve LRS and the service this program provides to the community. The LRS program is certified by the State Bar of California and consists of a panel of attorneys from various practice areas who have met certain requirements. There are currently 50 attorneys on the LRS legal panel from various practice areas: family law, probate and estate planning, criminal defense, real estate, landlord-tenant, personal injury, and workers compensation. After the initial consultation, for which the panel attorney charges and receives no compensation, the client and attorney are free to negotiate any further services, as well as the fees for such services. When additional fees are received, the attorney is obligated to pay a referral fee to LRS, calculated at 12.5% of the total fees. For the attorney, it means donating 30 minutes of their (Continued on page 13.) It is simple to manage your online presence. All it takes is the occasional search of your name or your firm s name on any internet search engine. Developing an online presence is more time consuming but relatively simple. You can start a website. Your website does not have to be flashy or complex. Your website can be as simple as your picture, your professional contact information, and a description of your law practice. This way you control the information a potential client finds on the internet. Some websites such as avvo.com allow an attorney to create their own online profile for free. If you do not want to spend the time and expense to build your own website, a service such as avvo. com might be worthwhile. If you do build a website or join a legal profile web page it is important to keep your personal information updated and accurate. A thriving practice must connect with potential clients. Managing your internet presence is a great way to ensure that potential clients find accurate, honest, and updated information on your practice. Construction and Real Estate Commercial and Residential Landlord/Tenant Business Disputes and Litigation Employment Bodily Injury Phil Diamond is a talented, hard working mediator, who is committed to shepherding all matters through to resolution. His wide-ranging mediation and civil litigation experience includes: Professional Liability Insurance Product Liability Wills and Trusts General and Toxic Torts Investor Claims 4040 CiviC Center Drive, Suite 200, San rafael, Ca Telephone: (415) Fax: (415) Website: 12

13 * Access to a professional, elevator served office building near downtown San Rafael * Break-Room (Fully equipped kitchen: fridge, microwave) All utilities * Access to printer, copier, fax, scanner, and other office equipment * Janitorial service The Marin Lawyer (President s Message, continued * from Meeting page Spaces 12.) to meet with your clients * Plug and Play ready Comcast Business Center with 100 Mbps down and time and expertise, but it provides 10Mbps up the with potential your own, of separate gaining a new client. To qualify IP Address. * for Conference participation Room on the LRS * A personal mailing address panel, attorney applicants must Are You Tired of Running Your * air conditioning have an office and operable in Marin windows County for the full-time practice * free parking of law. If the attorney Business Out of a Starbucks? has more than one office, at least 75% of his or her time must be spent working in Marin. 24/7 access Applicants must also meet Are You Overwhelmed By * FLEXIBLE CONTRACT TERMS! Are You Tired of Running Your Expensive Business Out Overhead of a Starbucks? Costs? certain qualifications, including being an active member Are You Overwhelmed By Expensive Overhead Costs? Looking To Downsize? of the StateBar, and possessing Easy access minimum to Highway101 standards of Looking To Downsize? experience and expertise. Applicants who have been certified as specialists by the If State you are Bar seeking of California a professional and office are to meet Consider with clients an EXECUTIVE or conduct OFFICE your business, located near downtown San Rafael. Consider an EXECUTIVE OFFICE look no further. located near downtown San Rafael. currently practicing in that Are You Tired of Running Your Business Out of a Starbucks? Contact: area of Jodi specialization Azevedo, Broker automatically qualify; all other applicants must have We have many options to fit your budget Are demonstrated You Overwhelmed By Expensive Overhead Costs? Looking To Downsize? We have many options to fit your budget With offices ranging from $550-$850 per month, our fully enclosed private offices, with experience in the practice area, and qualifications generally brand new furniture (not a cubicle space) with a locking door include: include having completed a certain number of continuing With offices ranging from $550-$850 per month, our Consider an EXECUTIVE OFFICE * Access located to near downtown San Rafael. fully a professional, enclosed elevator private served offices, with building brand near downtown new furniture San Rafael legal education courses in the particular area of practice * Break-Room (Fully equipped kitchen: fridge, microwave) within the last 36 months. We have many options All to utilities (not fit your a cubicle budget space) with a locking door include: * Access to Access printer, copier, to a professional, fax, scanner, and Are You Tired elevator other office of Running served equipment Your office Applications to serve Business Out of a Starb 24 on Professional the With LRS offices Center panel ranging Parkway, are from reviewed $550-$850 Suite 130 per month, * Janitorial our fully building service enclosed near private downtown offices, with Are You Overwhelmed San Rafael brand new furniture (not a cubicle space) with a locking door include: By Expensive Overhead Cost by an LRS committee; and San once Rafael, a panelist CA is approved, referrals are made on a rotating (415) basis * Meeting Spaces to meet with your clients * Plug and Play Break-Room ready Comcast (Fully Business equipped Center with kitchen: Looking 100 Mbps fridge, To down Downsize? and * Access The ext to registration 203 a professional, elevator fee for served office 10Mbps building up microwave) with near your downtown own, separate San Rafael IP Address. panel members is $175 for MCBA * Break-Room members (Fully and equipped $275 kitchen: for fridge, * Conference microwave) Room All utilities All utilities * A personal mailing address non-mcba members per year; registration can be done for Access to Consider printer, an copier, EXECUTIVE fax, scanner, OFFICE and located other near downtown * air conditioning and operable windows * Access to printer, copier, fax, scanner, and other office equipment a half-year, and applications can be * Janitorial submitted service on line. * free parking office equipment We have many options to fit your budget * Meeting Spaces to meet with your clients Janitorial service LRS provides low-cost legal services * Plug and Play to the ready community. For just $50, members of the public 10Mbps receive up with your a half own, hour separate IP Address. 24/7 access Comcast Business Center with Meeting With 100 offices Mbps spaces down ranging to and * FLEXIBLE CONTRACT TERMS! meet from with $550-$850 your clients per month, our fully enclosed p Plug and Play brand ready new furniture Comcast (not Business a cubicle Center space) with a locking doo * Conference Room consultation with pre-screened attorneys knowledgeable in Easy access to Highway101 * A personal mailing address with 100 Mbps down and 10Mbps up with your the specific area of law about which * air they conditioning have a and question. operable windows own, * Access separate to a IP professional, Address. elevator served office building near down If you are seeking a professional office to meet with clients or conduct your business, The $50 administrative fee is waived * free for parking personal injury look no further. * Break-Room (Fully equipped kitchen: fridge, microwave) Conference Room Contact: Jodi Azevedo, Broker All utilities and workers compensation cases. 24/7 access A personal * Access mailing to printer, address copier, fax, scanner, and other office equip * FLEXIBLE CONTRACT TERMS! Between May 2010 and April 2011, LRS received Air conditioning * Janitorial and service operable windows Free parking * Meeting Spaces to meet with your clients 1562 calls which resulted in 438 Easy consulations access to Highway101 with panel 24/7 access * Plug and Play ready Comcast Business Center with 100 Mbp attorneys; and between May 2009 and April 2010, LRS FLEXIBLE 10Mbps CONTRACT up with your TERMS! own, separate IP Address. If you are seeking a professional office to meet with clients or conduct your business, received 1,706 calls, which resulted look no in further. 513 consultations * Conference Room 24 Professional Center Parkway, Contact: Jodi Azevedo, Broker * A personal Suite 130 with panel attorneys; and between May 2008 and April mailing address San Rafael, CA * air conditioning and operable windows 2009, LRS received 1,757 calls, which resulted in 522 (415) ext 203 * free parking consultations with panel attorneys. 24/7 access * FLEXIBLE CONTRACT TERMS! Becoming a member of the LRS panel is a commitment that all interested and qualified MCBA members should strongly consider. If you have clients who need a 24 Professional Center Parkway, Suite 130 San Rafael, CA (415) ext 203 referral to other attorneys in certain practice areas, please consider the LRS program as a referral source. The rationale is plain-service! We need your help to make sure LRS continues to provide a valuable service and access to legal services to the Marin community. Please contact Jan Salas, the LRS Coordinator, at the MCBA office for more information. [NOTE: Excerpts from Past MCBA President, Beth Jordan s Article Making a Difference: Lawyer Referral Service, August 2010, Volume 41-Issue 8 with updated statistics provided by LRS Coordinator, Jan Salas] Easy Easy access access to Highway101 to Highway101 If you are If you seeking are seeking a professional a professional office office to meet to meet with with clients or cond clients look or conduct no further. your business, look no further. Contact: Jodi Jodi Azevedo, Azevedo, Broker Broker Professional Center Parkway, Suite 130 San Rafael, San CA Rafael, CA (415) ext 203 (415) ext

14 July 19, 2011 Dear Member of the Marin County Bar Association, Re: Application to Become an Officer or Director of the Marin County Bar Association Pursuant to the Bylaws of the Marin County Bar Association, a Nominating Committee will be chosen to select the slate of Officers and Directors for The Committee will meet prior to the September Membership Meeting and make their recommendations, and then will report their recommendations at the September General Membership Meeting. The election will be held at the October General Membership meeting. If you wish to be considered for a director or officer position, please complete the application below and mail to President-elect Jessica Karner, Marin County Bar Association, 30 N. San Pedro Rd., Ste. 140 San Rafael, CA All applications must be received, in hand, by the close of business on September 1, If you wish to attach additional information, please do so. Otis Bruce, Jr., President Marin County Bar Association APPLICATION Dear Nominating Committee, I wish to become a director, the president, secretary, treasurer (please circle applicable positions(s)) of the Marin County Bar Association. Please state your qualifications: Please state your reason for seeking this position: 14 Applicants Signature: Name: Address: City/State/Zip:

15 (Lee Domanico, continued from page 3.) were virtually frozen in the wake of Lehman Brothers bankruptcy, MGH has been able to strengthen its financial base, forge new alliances with local doctors and health care organizations throughout the region and retain and attract new doctors to Marin. Finally, Mr. Domanico discussed the ambitious plans for the construction of a new facility. Mr. Domanico s vision includes rasing approximately $500 Million from sources including a mixture of tax revenues, loans and philanthropy enabling a state of the art hospital to be built by Listening to Mr. Domanico s achievements as Executive Director provides a sense of confidence that MGH is in good hands and on the right track. Place your ad here Super Business Card Ad Only $60 per month with a 6 month contract. Call Pat Stone (707) for more information J R W Law and Mediation Offices J. Randolph Wallace Mediation is not about playing hardball. It is about using the entire ball park to resolve the dispute; only then can the process work to permit intelligent people to make sensible decisions to solve their problems. Innovative Solutions for Complex Problems with and between Neighbors Property Owners Contractors Family Members Business Partners Courthouse Square 1000 Fourth Street Suite 580 San Rafael, CA Tel Fax me at See my website The Marin Lawyer (Courtroom, continued from page 5.) The Court s $13.75 million deficit for the fiscal year that began July 1, 2011 is the result of state budget cuts last month that delivered a $5 million blow to the bottom line. With the $350 million budget cuts to the judicial branch statewide and the sweep of $310 million from a court construction fund, lawmakers approved a state budget last month that left a gaping hole in the Court s budget and few options for the Administrative Office of the Courts to backfill cuts to the trial courts. After we downsize this Court in the next 60 days, we will be a shell of what we once were. We will also have the possibility of additional cuts in January if the projected $4 billion in additional state revenue does not materialize, Judge Feinstein said. Then next fiscal year, we will be facing even further cuts even though we will have laid off 40 percent or more of our staff. The layoffs include employees from every division serving every function of the Court. After the layoffs, the Court will have just 280 employees. The Court has 591 authorized positions. Employees who are laid off will be placed on a re-employment list for up to five years. If the Court is able to hire employees during the five-year period, they would be brought back by seniority. Eleven hearing officers and commissioners who hear certain matters, including traffic, criminal, juvenile and probate cases, were given a 60-day notice of separation from Court service. This is an especially painful time for our cohesive Court, said Judge Feinstein. Many loyal and talented commissioners will be walking out the courthouse door through no fault of their own. Unfortunately, the Governor and legislature have left us no choice. Judges are constitutional officers and as such, are not subject to layoffs. They will be covering the departments that typically have been presided over by the Commissioners. The layoffs take effect September 30, Beginning October 3, 2011, 25 courtrooms will be closed indefinitely, mostly concentrated in the Civic Center Courthouse, and the Court will be drastically re-organized. The Governor and the legislature, in enacting their budget some weeks ago, have left this Court with no alternative other than to slash judicial services, layoff our skilled, hard-working employees, and compromise the timely delivery of civil justice to the citizens of this county, Judge Feinstein said. It is with deep regret that we today make known the specific consequences of these sweeping budget cuts. 15

16 (The Hardest of times, continued from page 7.) the Great Recession of recent years. Now there is no more chance of delay, and it s like a bad dream. Nearly 40% of the courtrooms in San Francisco are slated to be shuttered this fall. The complex litigation department is being shut down. It will take months simply to get court records and at least a year and a half to get a divorce. Save for the rare exception, only criminal cases will go to trial. Given the deep budget hole, reductions in services are likely for even the best managed and fiscally prudent court operations. Hardship is inevitable in Marin and other Bay Area counties. Waits will grow for trial dates. Some courtrooms will close. Records will be harder to come by. Justice will slow to a crawl. Justice will in some cases be denied. In these hard times, all of us attorneys and judges, clerks and paralegals, probate and plaintiffs lawyers need to stand together in pursuit of what s best for society. We need to take whatever steps we can to ensure that our courts retain the functionality and credibility that is required in a moral society. In the short run that will likely mean more fees and less access. In the longer run, it will mean making electoral decisions in 2012 that are in the best interests of our courts, the third branch of government that remains one of the bedrocks of society. The future of our courts and of California depends on it. John A. Montevideo is President, Consumer Attorneys of California. He practices personal injury law in Orange County and serves as president of Consumer Attorneys of California in $50.00 for the initial 1/2 hr. consultation with an experienced qualified lawyer The Marin Lawyer (Public Records Act, continued from page 8.) complaints to, or investigations conducted by, any state or local agency for licensing purposes. (Govt. C 6262). Government Code 6254 lists several specific exemptions to the CRPA which include: records pertaining to pending litigation, personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy, records for which disclosure is prohibited by federal or state law, and many law enforcement records. Law enforcement records specifically exempted by Government Code 6254(f) include records of complaints, investigations, intelligence information, and security procedures. An agency that refuses to disclose a record must give written notice of the reason for their refusal. The agency must justify the withholding of any record by demonstrating that the record is exempt or that the public interest in confidentiality outweighs the public interest in disclosure ( 6255). The agency must explain the following in writing: 1. Why the record is exempt from disclosure under a specific provision of the CPRA OR 2. Why under the facts of the particular case, the public interest in not disclosing the record clearly outweighs the public interest in disclosure. A requestor can seek court review of an agencies denial of a CPRA request by filing a verified petition in the county court where the records are located. (Govt. C ). A government prosecutor can file for review under Government Code The trial court treats the matter as an order to show cause. Government Code 6259(d) allows court costs and reasonable attorney fees to be awarded to the requestor, or, if the requestors case was frivolous, to the agency. The Robin erdmann GRoup Real Estate & Land Use Economic Consultants & Appraisers 16 If you don t take the case, refer it to us! Robin J. erdmann, mai Principal 1885 Falcon Ridge Drive Petaluma, California Telephone: (707) Fax: (707) Robin comcast.net Appraisal/Evaluation & Review Market Feasibility Financial & Economic Analysis Litigation Support Strategic Planning Condemnation & Eminent Domain Redevelopment & Economic Development Analysis Highest & Best Use Analysis

17 Urgency Legislation Fixing the Short Sale Law By Len Rifkind The Marin Lawyer LEGAL VIDEOS, LLC Effective January 1, 2011, the California Legislature enacted SB 931, codified at Code of Civil Procedure section 580e, LEGAL governing short sales. A short sale occurs when real property is sold for less than the amount of secured loans, VIDEOS, e.g. the LLC lender(s) agree to a sale short of the amount owed. Serving Section 580e provides if an owner of a home who is in default Marin and Sonoma 4340 Redwood Counties since Highway 1988F # Redwood Highway San Rafael, F #150 CA on his or her mortgage sells the home through a short San Rafael, sale, CA with the consent of the lender, the owner should be in the same position as if the lender foreclosed by a non-judicial foreclosure sale. Under a non-judicial foreclosure sale, the borrower/owner would not be liable for a deficiency judgment. (Code of Civ. Proc. 580d). Section 580e was enacted Toll free Toll free Fax Fax to prevent lenders from conditioning short sale approval by Complimentary Depositions Suites with requiring their borrowers to agree to deficiency obligations refreshments when using Complimentary our services. Depositions Suites with Deposition Suites also refreshments available for when rent. using our services. after the sale. As originally enacted, Section 580e, only Deposition Suites also available for rent. affected first priority deeds of trust, but was not limited to consumer transactions, nor to owner occupied residences. To the consternation of lenders, read literally, Section 580e following a short sale could preclude lenders from recovering any other collateral secured by the obligation or recover from any guarantor of the obligation. The apparent legislative intent was to limit such deficiency protection to owner occupied one to four unit residence. Accordingly, effective July 1, 2011, the Legislature enacted SB 458, to limit the perceived scope of SB 931 and exclude many commercial transactions. For example, under SB458, the deficiency limitation does not apply to transactions involving corporations, LLC s, LP s, as well as guarantors. However, as a compromise, the anti-deficiency provisions now apply to all deeds of trust on covered loans. So, a homeowner who obtains short sale consent from all secured lenders on his or her property, receives anti-deficiency protection as well. Under the new law, a holder of a second deed of trust may conclude, if the borrower has assets, to refuse to consent to a short sale, allow the holder of first to foreclose, and as a sold out-junior deed of trust holder sue the borrower on the note. Lastly, SB 458 prohibits any waiver of its protections as void and against public policy. Overall, the revised law seems to be an equitable compromise between consumer protection and lender rights. Len Rifkind, principal of the Rifkind Law Group, located in Greenbrae, CA, has been practicing law for 23 years, and is the current Five Year Past President serving on the MCBA Board of Directors. Len is also an elected member of the Larkspur City Council. Len s practice focuses on real property law. Depositions Trial Preparation Trial Software Training Trial Presentations Depositions Courtroom Set-up Trial Preparation Trial Software Mock Training Trials Trial Presentations In House Synchronization Courtroom Set-up Duplication & Editing Mock Trials In House Synchronization Day-in-the-Life Serving Marin and Sonoma Counties since 1988 Duplication & Court Editing Reporters Day-in-the-LifeFree Wireless Internet Court Reporters Video Teleconferencing Free Wireless Internet Video Teleconferencing To increase sales, announce a new partner or advertise a new business: place your ad in The Marin Lawyer Call me for ad rates and ad sizes Pat Stone, Phone: (707) Fax: (707)

18 New Members Monica Baranovsky 1755 Novato Bl, G21 Novato, CA Daniel Benjamin Baum 35 Miller Ave, #160 Mill Valley, CA Paul A. Conroy Allman and Nielsen 100 Larkspur Landing Cir Larkspur, CA Lisa Dal Gallo Hanson Bridgett LLP 425 Market Street, 26th Floor San Francisco, CA Fax: Jasmine Davaloo 86 Mariner Green Dr. Corte Madera, CA Keegan Dresow P O Box 679 Tiburon, CA Ashley Eagle-Gibbs 16 Florence Ave San Anselmo, CA Kurt Fraser Kurt Fraser, Attorney at Law 356 Richardson Wy Mill Valley, CA Fax: Michael Giacinti Parton Sell Rhoades 750 Lindaro, Suite 140 San Rafael, CA Fax: Andrew Gill Gilbert, Kelly, Crowley & Jennett LLP 44 Montgomery Street, Suite 2970 San Francisco, CA Fax: Brent Kaspar Murphy, Pearson, Bradley & Feeney 4695 Paradise Dr Tiburon, CA Fax: Meredith McGuire Marin County Public Defender s Office P O Box Tiburon, CA Robert K. Phillips Phillips, Spallas & Angstadt LLP Three Embarcadero Center, Suite 550 San Francisco, CA Fax: Karen Poppy Jaret & Jaret 27 Alderney Rd San Anselmo, CA Fax: Greg Spallas Phillips, Spallas & Angstadt LLP Three Embarcadero Center, Suite 550 San Francisco, CA Fax: Caron l. Stapleton Phillips, Spallas & Angstadt LLP Three Embarcadero Center, Suite 550 San Francisco, CA Fax: Mark E. Tepper Cox, Wootton, Griffin, Hansen & Poulos, LLP 190 The Embarcadero San Francisco, CA Fax: change of scene Daniel M. Cahill 50 Shell Road Mill Valley, CA Fax: Ann M. Davis Kwasneski & Davis, PC 2200 Range Ave, Suite 206 Santa Rosa, CA Fax: Beverly R. Green Green & Green th Street, Penthouse Suite 875 San Rafael, CA Fax: Phillip R. Green Green & Green th Street, Penthouse Suite 875 San Rafael, CA Fax: Kirsten M. Kwasneski Kwasneski & Davis PC 2200 Range Ave, Suite 206 Santa Rosa, CA Fax: Brent D. Meyer Meyer Law Group LLP 4050 Redwood Highway, Suite D San Rafael, CA Fax: Hadden Roth 343 Fairhills Dr San Rafael, CA Fax: Godfrey J. Tencer, Esq Fourth Street, Suite 875 San Rafael, CA Fax:

19 David Hellman Marin Bar ad 2008 THE MARKETPLACE Anyone wishing to advertise in the Marketplace should send their text ad to MCBA, 30 N. San Pedro Rd, Ste. 140, San Rafael, CA with payment of $35 per month, or you may to: The ad should be no longer than 25 words and paid in advance. For each additional word add $1. $850 - $2,000 - Two full service offices and one secretarial space available. Perfect for professionals seeking to share overhead in a suite totaling 3,584 sf. Contact Judy: x 21. LITIGATION SECRETARY/PARALEGAL, 18 years of experience Federal, State & Appellate Courts, fast, efficient, reliable for telecommuting/virtual assignments, word processing, motion and trial preparation. Cynthia Thomas Details for Events Calendar August 17th Probate & Estate Planning Section Meeting Tamalpais Room, San Rafael Conference Center, 750 Lindaro Street, San Rafael 12 1:30 pm August 22nd Probate & Trusts Mentor Group Lerman Law Building, 802 B Street, San Rafael Please RSVP to Michelle Lerman, 12 1:30 pm Use the 1031 Exchange Intermediary Other Intermediaries Call for Advice! David Hellman, 1031 Exchange Expert at MARIN COUNTY EXCHANGE CORPORATION A Qualified Intermediary Providing Real Estate Exchange Services and Expertise with over 3,000 Exchanges facilitated since David M. Hellman, President TEL: (415) Attorney & CPA FAX: (415) Drunk Driving and DMV Matters Paul Burglin Mitchell, Hedin, Breiner, Ehlenbach & Burglin Courthouse Square, 1000 Fourth St., Suite 570 San Rafael, CA (415) DUIandDMV.com Author: Calif. Drunk Driving Law A-V Rated - Martindale Hubbell TM Deadline for submission of articles, ads, inserts, and announcements is the 15th of each month. Thank you. Mission Statement of the Marin County Bar Association To involve, encourage, and support bar association members, to serve as a liaison to the Marin County courts, and to educate the community and enhance access to legal services. 19

20 Marin County Bar Association 30 North San Pedro Road, Ste. 140 San Rafael, CA published by The Marin County Bar Association Fax MCBA Officers Otis Bruce Jr. President Jessica Karner President Elect Joel Gumbiner Treasurer Elizabeth Brekhus Secretary Beth S. Jordan Past President Len Rifkind 5 Year Past President Board of Directors Sara Allman David I. Brown Philip R. Diamond Charles Dresow Louis S. Franecke Riley Hurd Lisa Spann Maslow Pedro Oliveros Jessica Pliner Kate Rockas Scott Rogers Eric Sternberger Lawrence Strick J. Randolph Wallace Francine Ward Executive Director Robynn Gaspar Production Express Printing Advertising Pat Stone Printed on recycled paper with vegetable oil based inks. MCBA encourages submission of articles that may interest the legal community. Letters to the Editor are also welcome and may be published if space permits. Submissions will not be returned. The Editor reserves the right to publish, decline to publish, edit or otherwise modify any submission. Editorial material should be sent to the Marin County Bar Association at the above address. The Marin Lawyer FIRST CLASS U.S.POSTAGE PAID permit #51 Rohnert Park california Dated Material How open minds happen. How open space happens. How turning good intentions into good investments happens. Your clients want to make a bigger difference in the world. Show them how. The Marin Community Foundation gives people smarter, more effective ways to create change. Our philanthropic advisors are experts at helping craft personal giving strategies that make every gift work harder. Set up a meeting today at and help your clients get the most out of what they give. HOW CHANGE HAPPENS 20

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