May Bar Association Journal

Transcription

1 May 2013 Nevada County Bar Association Journal President s Message This month we hosted another Miner Disputes fundraiser for the Nevada Union Debate Team, and although turnout was fairly modest, we managed to raise almost$2,000 for the team. There is still a long way to go to ensure proper funding for this great program, so please consider making a direct donation to the team, or sponsoring a pair of debaters throughout the year. Your support means so much to these hard-working and intelligent students. For more information, please visit the boosters at NUDebate.org. The Happy Hour last Thursday was held at Ol Republic Brewery, where we sampled local craft brews and savory pies from the Honest Pie truck, which sets up shop there on Tuesdays and Thursdays every week. We hope to see more of you at the next one, if only to hear Joe Bell reminisce on his days as a lumberjack in Costa Rica. (Disclaimer: I may have made that last part up.) We are starting to plan our MCLE calendar for the coming year, so please forward your ideas and suggestions for programs you would like to see. Also, if any of you would like to put on an MCLE presentation, let us know so we can set it up. Stay cool, stay busy, and let us know what we can do for you! 15th Annual Nevada County Family Law Update Provided Expanded Topics and Presenters The Nevada County Bar Association in conjunction with the Nevada County Superior Court presented the Annual Family Law Update for the 15th time on April 11, 2013, at the Nevada City Branch of the Court. For the first time, the allday program included sessions on ethics and indepth consideration of determining permanent spousal support. This was in addition to the annual coverage of substantial new revisions to the statewide Family Law Rules of Court and cases decided in the prior year. Lawyer attendees received 6 hours of continuing education credit, as well as an opportunity to converse with our colleagues and the Court while sharpening legal skills. The presenters and organizers of the program were again led by Commissioner Yvette Durant, in her third year as organizer. Susan Corcoran, Angela Bradrick and Commissioner Durant presented the annual family law case review. Certified Specialist John H. Paulsen covered the substantive law and a persuasive procedure for quantifying the most difficult determination of long term spousal support. Joseph J. Bell, also a Certified Specialist, comprehensively covered all of the new Rules of Court as well as new statutes and forms for Larry Doyle, from the State Bar Committee on Professional Rules and Conduct [COPRAC], educated attendees on the thorny and still developing ethical issues related to digital media and the Internet. Additionally, there was a presentation on Limited Scope Representation by the Northern California Lawyer Referral Service [ which made an urgent plea for more lawyers to join, support the Service and consider taking cases on a limited scope basis (which type of representation is also the subject of new Rules of Court.) The seminar attendees received extensive materials and power point slide outlines of the subjects presented. For the first time, the entire program was filmed and is available for home study credit by attorneys. Attendees came from Truckee, Auburn, Nevada City and surrounding areas and included a large group of lawyers, paralegals, law office support staff, Sierra Nevada Child Support Services personnel and Judges. Staff from the Court and local attorneys offices assisted with preparations and service of food and beverages. In what has become a favorite part of the program, Commissioner Durant presented her Top Ten do and don t tips. She also has continued the tradition of presenting Certificates of Appreciation to the lawyers who assist the Family Court by filling the role of Judge Pro Tem, Settlement Conference Supervisor, and appointed Minor s, Dependency and criminal defense Counsel. For the year 2012 the honorees were: James Anderson, Joseph Bell, Richard Burton, Angela Bradrick, Nancy Christie, Nanci Clinch, Brent Collinson, Susan Corcoran, Dona Glanz, Gary Gordon, Eve Gravell, Mundy Keller, W. Gregory Klein, Jude Koenig, D. Lawrence Montgomery, Maralee Nelder, Lorraine Reich, Gretchen Serrata, Kristen Smith, and William Walker. The seminar also made use of the attendee participation turning point electronic audience response tools which measure group opinion on questions presented during the seminar. Commissioner Durant noted that the participant evaluations were highly complementary and appreciative of the expanded subject matter and new presenters. Former County Counsel Robert Shulman stated that he was amazed at the amount of legal information that was presented in a cogent manner. For information on materials or the DVD or to be added to the notification list for next year s program, please contact Department 5 of the Court. Presenter Joe Bell

2 Attorney General Kamala D. Harris Announces $9.4 Million in California Homeowner Assistance Grants SAN FRANCISCO -- Attorney General Kamala D. Harris today announced California s National Mortgage Settlement Grant Program has awarded $9.4 million to 21 organizations in order to assist Californians affected by the state s foreclosure crisis. homeowners and communities, said Attorney General Harris. These grants will give by providing or expanding access to free legal assistance and representation, fore- remediation services, fraud prevention education and employment support services. Many of the organizations receiving grants focus on underserved and disproportionately impacted populations, including agricultural workers, communities of color, the disabled, the elderly, immigrant communities, Native Americans, rural homeowners, veterans and active-duty military. Services will be offered in more than a dozen languages, including American Sign Language, Armenian, Cantonese, Farsi, Hmong, Japanese, Khmer, Korean, Mandarin, Russian, Spanish, Tagalog and Vietnamese. Grant recipients will begin to implement their programs immediately. In March, Attorney General Harris announced an additional $1 million California Homeowner Bill of Rights implementation grant to the National Housing Law Project. All grant funds were secured by Attorney General Harris in 2012 through the National Mortgage Settlement. In March 2012, Attorney General Harris appointed Professor Katherine Porter of the University of California, Irvine School of Law as the California monitor of the In working with homeowners up-and-down California, I have seen the invaluable work being done by community-based organizations like these, said Professor the programs funded by these grants. Professor Porter has attended dozens of events in the state and has organized forums on best practices for helping struggling homeowners. Upcoming forums will take place in Irvine on Friday, April 19 and in Fresno on Friday, May 3. administer the grants and monitor compliance. Grant recipients will be required to Distribution of funds was overseen by an expert panel that reviewed proposals and provided recommendations to Attorney General Harris. Information about the expert panel and grant application process is available at: Attached to the online version of this release are descriptions of the grant recipients programs, as well as contact information for homeowners and a map showing counties served by the grant recipients. All supplemental information can be found at: # # # Notice of Increased Fees for Filing New Civil Cases - Effective May 1, 2013 Effective May 1, 2013, there is a new $50 general administrative or proceeding in a district court. This fee is in addition to the exist- fore, effective May 1, the total fee $400. This new fee is part of the "District Court Miscellaneous Fee Schedule", established by the Judicial Conference of the United This fee does not apply to persons granted in forma pauper- Notice of Microsoft Word Migration - Effective October 1, 2013 Effective October 1, 2013, the United States District Court for the Eastern District of California will migrate from WordPerfect to Microsoft Word. On October 1, all documents required to be submitted to the court in word processing format pursuant to Lo- posed orders, jury instructions and pretrial statements) must be submitted in Word format. More information on the court's to the court's local rules will be provided on the court's website in You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: attorney-general-kamala-d-harris-announces-94-million-california-homeowner SECTION MEETING MCLE/BLS Credit.Please join us for 1 hour of MCLE/BLS credit on May 17th at 12:00 in Department 5. We will be viewing the DVD, Fiduciary Duties: Theory vs. Reality, presented by Dawn Gray, CFLS, and Commissioner Marjorie Slaybach, CFLS (ret).

3 California Bar Foundation Building a Better Justice System for all Californians The California Bar Foundation is now accepting applications for the 2013 Diversity Scholarship. Approaching Veterans Issues: A Legal Overview Including an Update of California Penal Code Section Chair: Hon. Eileen C. Moore Associate Justice, California Court of Appeals, 4th District Court of Appeal FREE! New Pro Bono Program! Why You Should Attend Certain laws and courtroom practices have the potential to impact veterans differently than the rest of the population. This three-hour overview will provide useful information tions of certain laws and practices in consideration of veterans' pasts and futures. The program will focus on Penal Code , especially with regard to the 2013 enhance- need your legal assistance; attend this program and learn how you can help veterans in your community. What You Will Learn Penal Code : Overview and Updates Discharge Who Should Attend attending this program. - more details. As California grows even more diverse, the California Bar Foundation delivers on our commitment to build a California legal profession more representative of the communities it serves to better serve the communities it represents. This is the sixth year we will award more than 20 students with $7,500 Diversity Scholarships. supports law students from groups historically underrepresented in the legal profession and matriculating to a California law school in apply by June 5, We invite you to organization and forward this to potential applicants. For more information on applications, contact Natalia Merluzzi or download the application form and checklist. Join our Social Networking Community Like our Facebook page and Follow us on Twitter and LinkedIn California Bar Foundation foundation.org Penal Code Section for your review.

4 Created by the CA legislature in 1927 the State Bar of California is a public corporation within the judicial branch of state government, serving as an arm of the California bar in the nation. The State Bar seeks a highly experienced Senior Director to oversee the Administration of Justice programs and activities. The Senior Director is a member of the State Bar?s Senior Management Team, responsible for overseeing planning, budgeting, personnel management, direction and administration of the Access to Justice activities of the State Bar, including the two Services: The Legal Services Trust Fund Program and the Center on Access to Justice, subject to the general oversight of the Executive Director/CEO. The Senior Director supports the State Bar?s Board of Trustees, the California Commission on Access to Justice and various other committees and commissions on Administration of Justice issues. Candidates should have excellent written and oral communication abilities and good interpersonal skills;; demonstrated understanding of advanced principles of program development, evaluation, administration and management;; advanced principles of strategic planning, operations, policy development and implementation;; advanced access to justice principles and knowledge of the legal services community. ten (10) years progressively responsible experience in legal service delivery, program - Degree may substitute for up to two (2) years of experience. employment are set by the Executive Director in accordance with the Rules and paid health insurance, membership in the California Public Employees' Retirement System (CalPERS), 457 deferred compensation plan, holidays, vacation, sick leave, parking/transit subsidy. Applicants can submit a State Bar application, resume and cover letter. Applications can be obtained at < and submitted to: The State Bar of California San Francisco, CA hrsf@calbar.ca.gov Dispute? Resolution! Judge Albert P. Dover (ret.) Please call: (530) or at al@adrwithdover.com Visit the website for information on rates, fees, and services:

5 2013 District Elections to the State Board of Trustees - Communication from State Bar President Pat Kelly Dear Friends: from San Francisco) and the one declared candidate for District 3 (Sacramento area). With respect to the District 1 candidates, we will be going through the normal election process. With respect to the one declared candidate, for District 3, Joanna Mendoza (Sacramento), no ballots will be mailed and she is deemed elected (please see attached candidate statement and bio). Joanna Goodman is very familiar with Joanna and I encourage you to contact Karen with any questions regarding our new trustee. Let me know if you have any questions. With regards, Patrick M. Kelly I would appreciate your vote for the Board of Trustees. If elected, I will bring a well-rounded perspective to the position. I have been a civil trial attorney in San Francisco for 20 years. I represent plaintiffs and defendants in a variety of areas, such as personal injury, employment, medical malpractice, construction defect and business litigation. I have a strong commitment to community service. For three years I was an AIDS cal Center where I visited patients with AIDS-related illnesses once a week. For seven years I was a volunteer at AIDS Health Project where I facilitated weekly support groups for HIV positive and negative men. I was a board member for four years and the co-chair for two years of the Bay Area Lawyers for Individual Freedom (the nation s oldest LGBT bar association.) I was the co-chair of the am a past board member of the Bar Association of San Francisco. I am currently on the board of my law school, the University of San Francisco School of Law. For the past six years, I have been a Judge Pro Tem at San Francisco Superior forward to contributing my time, skills and passion to the State Bar as a member of the Board of Trustees. Thank you for Omid E. Talai has shown a commitment to public service and community outreach his entire life. After graduating Cum Laude from the University of California, Irvine with a Bachelor of Arts in Criminology, Talai received his Juris Doctor from UCLA School of Law in District Attorney with the San Francisco ing to his hometown of San Francisco District Attorney in Los Angeles County for close to three years. Talai has handled various cases rang- domestic violence, gangs and homicides. serious and violent cases, while employing a multi-faceted approach to prosecution that stresses rehabilitation and community outreach when appropriate. In addition to his public service work through Project L.E.A.D., a program law and helping them recognize social and legal consequences of criminal a mentor in the Children of Prisoner's program where he regularly met with a young boy whose father was incarcerated. the Board of Trustees of the State Bar of California as a unique opportunity to continue to serve his immediate and surrounding community. - Over the next few years the Board of Trustees will be faced with several important issues which are within its legislative mandate of protecting the public through the licensing, regulating and disciplining of attorneys within California. A few recent issues include the consideration of a limited-practice licensing program for non-lawyers, adding a practical skills training and pro bono work requirement for law students, and expanding attorneys. The Trustees are given the responsibility of determining whether such proposals achieve the goal of protecting the public and to ensure that existing systems and programs are achieving that goal. I understand that role. As your representative I will serve as the voice of the Third District on these issues and many others. In this regard it is important for you to know that my experience as a leader within the State Bar organization over the past ten years will ship roles have included the Chair of the IP Law Section in 2008, Co-Chair of the Council of State Bar Sections in 2012, and serving on the Board of Trustee s Task of volunteer service within the organization have allowed me to understand how the Bar operates and how to be effective within it, a process that can take years to learn. The advantage is that I can and will be an effective representative for our District immediately. For these reasons, I ask for your support.

6 Strengthening Your Practice through Technology 9 hours of the latest technology practice management information for lawyer referral panel attorneys offered at $150 Dear Colleague, The ABA Standing Committee on Lawyer Referral and Information Service is participate in lawyer referral panels: while earning nine hours of CLE credit for only $150! The CLE series, titled Future Friday Seminars: Strengthening Your Practice through Technology, is a six-part program focused on improving the way you practice law. The six, 90-minute sessions cover the following topics: An overview of the future of law;; Document assembly and automation;; Finances and alternative billing strategies;; and How to build a client-focused law practice. The faculty includes practice management advisors from around the country who are each paired with a practitioner with expertise in the particular area of discussion. As an added bonus for those who register for the entire series, these advisors will also provide an additional two 60-minute question-and-answer sessions with participants. The series begins on Friday, May 3rd, 2013, and runs on successive Fridays through June 21st. Can t make a session? No problem. Learning* is also available through transcripts that are available to registrants after each session. Also, all webinars are recorded and archived for later viewing for 30 days after they occur. Don t miss out on this opportunity to learn valuable practice skills while earning CLE credit register today! Please select the Event Sponsor rate of $150. The ABA is offering this series at such a low price thanks to our underwriting sponsors: Lawyers Mutual Insurance Company of North Carolina, Minnesota Lawyers Mutual, The Bar Plan Mutual Insurance Company (Missouri), Oklahoma Attorneys Mutual Insurance Company, and Wisconsin Lawyers Mutual Insurance Company. *Learning is available, but check to make sure CLE credit is available in your respective state if you do not listen to the session live. NCBA Contact Information OFFICERS Michael Cobden - President (530) cobdenlaw@gmail.com Valerie Logsdon- Vice President (530) valerielogsdon@sbcglobal.net Marcos Kropf - Secretary (530) marcos.kropf@co.nevada.ca.us Nancy Christie - Treasurer (530) nancychristielaw@gmail.com MEMBERS AT LARGE Joe Bell (530) attorney@bellslaw.com Paul Johnson Marcos Kropf marcos.kropf@co.nevada.ca.us SECTION & COMMITTEE CHAIRS Rosemary Metrailer ADR Section Chair (530) rmetrailer@metrailer.com Jennifer Granger Criminal Law Section Chair (530) Jengranger04@yahoo.com Susan Corcoran Family Law Section Chair (530) scorcoran@scorcoranlaw.com Maralee Nelder Fee Arbitration Program Admin. (530) amnelder@nccn.net Judicial Of Dept. I: Dept. II: Dept. III: Dept. IV: Dept. V: Dept. VI: Judge Heidelberger Judge Sloven Judge Thomsen Presiding Judge Anderson Commissioner Durant Judge Dowling Truckee Branch Dept. A (Truckee Branch) Judge Tamietti Dept. B (Truckee Branch) Commissioner Durant Newsletter Helen Cavanaugh - Newsletter Editor (530) , helen.cavanaugh@nevadacountycourts.com Lindsay s Custom Printing - (530) jklindsay@comcast.net

7 Lawyer Referral Service Mail: 120 N. Auburn St.,Ste 214, Grass Valley, CA (530) (530) Fax NCLawyerAccess@gmail.com To Our Attorneys: Greetings Panel Attorneys and Support Staff! You may have missed receiving our newsletter recently;; we have made some changes to our format. We welcome any thoughts, comments, or suggestions you have to make the LRS Newsletter the first thing you want to read when it arrives at your office! Our priority always has been and continues to be providing quality service to our panelists and the public. Recently two LRS Board members spoke at the Nevada County Bar Association s Annual Family Law Update held at the Nevada City Courthouse. Our goal was to explain and promote Limited Scope Family Law Services, often called unbundled legal services, in the family law section of LRS. Though our presentation to the family law section of the Nevada County Bar was brief, we believe we were able to get the word about unbundling out to more attorneys. As we continue to explore unbundling, we are discovering that a number of panel attorneys are already offering limited scope representation, and are very supportive of our goal to expand services even more. This support mirrors the response we received from the Nevada County Superior Court bench when we met with them earlier this year. Naturally, the Judges and Commissioners are interested in programs where there is potential to reduce the number of unrepresented parties, as well as the frequent delays, added expense and confusion which are far too often associated with unrepresented parties in the court system. Responding to your Concerns: The State Bar requires us to operate our referral process on a rotational basis. In other words, the next attorney in line for a referral on a particular panel should be just that--the next attorney in line to receive a referral. However, because our territory covers all nineteen District 1 counties, as well as El Dorado County, we encounter difficulties not foreseen by the single county-based State Bar LRS rules. While we cannot make referrals solely on geographic considerations, we are able to take into account circumstances specific to the case, i.e. the client s ability to travel, lack of local panel attorneys in the more remote counties, special expertise or experience of an attorney, conflicts of interest, and specific client requests. More importantly, our current broad subject panel system does not allow us to capture your case preferences in a manner that allows us to make a successful referral on the first attempt. For example, if you are a panel attorney on our Personal Injury panel, the way the system is set up there is no distinction between slip-and-falls, medical malpractice, hit-and-runs, etc. Similarly, unless our lay volunteers have knowledge about your preferences and expertise, or the file has been clearly annotated, our system does not currently allow you to indicate that you will not accept a referral for a matter involving a Government Claims Act case What this all means is that it takes a significant number of attempts to find the attorneys who are interested in medical malpractice, but not necessarily slip-and-falls, but all of whom fall into the Personal Injury Panel rotation. We hope this will result in greater referral satisfaction for you and your clients. It is our goal to provide better screening, greater definition of your practice focus, expansion of representation to the far-flung corners of our coverage area, and increased revenue potential. All we ask of you at this point is your patience while we make these changes and your prompt yea or nay on current referrals. If you have any suggestions, comments, insight or complaints, please contact our Administrator Jo Anne Stone at ( or jas.ncla@gmail.com

8 Nevada County Bar Association Journal Need to change the way you receive the N.C.B.A. News? or US Mail? Let us know. Send an to: