March 2012 Volume 43, Issue 3. The Marin Lawyer. An Official Publication of the Marin County Bar Association

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1 March 2012 Volume 43, Issue 3 The Marin Lawyer An Official Publication of the Marin County Bar Association PRO BONO APPRECIATION LUNCHEON Legal Aid of Marin was incorporated on April 19, 1958 and has been serving the community for over 50 years. What started as a group of Marin County Bar Association volunteers now has a staff of 12 (including 6 attorneys) serving over 2000 households each year. This month s MCBA general membership Jennifer Ellis meeting will host Legal Aid of Marin s Pro Bono Appreciation Luncheon, and the presentation of the 2011 Pro Bono awards, on Wednesday, March 28, 2012, at 12 noon at The Marin Yacht Club, 24 Summit Avenue, San Rafael, CA We will celebrate 218 attorneys and 13 non-attorneys of which 33 are recipients of the Wiley W. Manuel Award issued by the State Bar of California for 50 or more hours of pro bono services. Presiding Marin County Superior Court Judge James R. Ritchie will present their certificates. The attorney Wiley W. Manuel Award Recipients are: Gordon Atkinson, Jean Bordon, Keegan Dresow, Robert Elam, Jennifer Ellis, Jessica Garrett, Shirley Hochhausen, George John, Robert Kane, Kenneth Kecskes, Araceli Ontiveros Venegas,George Shea, Julia Wald, Mohammad Walizadeh, Christopher Walters, Warren Webster, Harry Willis, Joseph Wilson and Beverly Wood. (Continued on page 8.) Calendar of Events Mar. 28 th General Membership Meeting Pro Bono Luncheon Mar. 8 th Construction Law Section Meeting 12-1 pm Mar. 20 th Intellectual Property, Business Law and Labor & Employment Sections Mixer. 5:30-7:30 pm Mar. 21 st ADR Section Meeting 12-1:30 pm Probate & Estate Section Meeting 12-1:30 pm Mar 26 th Intellectual Property Section Meeting 12-1:30 pm Probate and Estate Mentor Group 12-1:30 pm Look for details each month in The Marin Lawyer In This Issue President s Message... 2 Community Action Marin...3 How to Find Good Contractors... 4 Thank You to Mock Trial Volunteers... 5 State Honors DCSS...5 Integrative Restoration...6 Recruitmant Notice...7 Calendar Details New Members/Change of Scene Marketplace Charles D. Dresow was Guest Editor of this issue of The Marin Lawyer. Kate Rockas is Series Editor for THE TENSION BETWEEN MODERN TECHNOL- OGY AND THE FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION. By Charles D. Dresow The Fourth Amendment to the United States Constitution protects the citizen from unreasonable searches and seizures by government agents. The Constitution was drafted with quill pens dipped in ink and copied by hand. The framers of the Constitution could not have conceived of modern technology when they drafted the Fourth Amendment. The internet, social media, cell phones, and twitter have altered the perception of privacy. There is a growing disconnect between the legal idea of a reasonable (Continued on page 8.) 1

2 President s Message MCBA Establishes New Pro Bono Committee By Jessica Karner March is the month of Saint Patrick s Day, International Women s Day, Pi Day and March Madness. For Marin lawyers, it is also the month in which we pause to honor and thank those among us who have given of their time to help others through volunteering with Legal Aid of Marin. On March 28, the MCBA will host Legal Aid of Marin s annual Pro Bono Appreciation Lunch. It s one of my favorite events of the year, and I hope to see many of you there. Did you know that Legal Aid of Marin started out as a group of MCBA volunteer lawyers? I didn t, until I read Nancy Murphy s cover article for this issue of The Marin Lawyer. I was proud, but not surprised, to learn that bit of history. Access to justice is something we as MCBA lawyers can and do promote through our volunteer and low bono work, including hours spent volunteering through Legal Aid of Marin. (We also, of course, volunteer or provide free or low cost legal services in a wide variety of other ways too numerous to list here.) This particular March I m proud and excited to announce one more way the MCBA and its members will be fostering access to justice: we have created the MCBA Pro-Bono Committee. The mission and function of that committee is as follows: To facilitate the integration and coordination of exist- ing legal aid agencies in Marin County with members of the private bar; To foster the development of new pro bono programs; To support and improve the quality of existing pro bono programs; To encourage a public service culture within the Marin County Bar which values pro bono service; and To educate MCBA Members about opportunities for pro bono work. We hope and believe that this committee will provide a concrete benefit to those with need for pro bono help, to MCBA members looking for opportunities, and to existing legal aid agencies who may benefit from additional support and coordination. The initial members of the newly formed committee are: Colleen Shaw, to whom much thanks is due for suggesting the creation of the committee late last year, Elizabeth Brekhus, Paul Cohen and me. Please contact me, or any committee member, if you would like to get involved or learn more. Otherwise, watch for communications from the committee as it gets up and going. Notice Civil Department of Marin County Court Approves Discovery Facilitator Program to be effective July 1, Please see for the full text of the proposed rule and send any comments to by March 31, All comments received will be conveyed to the Court for consideration. 2 RESERVATION FORM General Membership Meeting Pro Bono Lunch Please make reservations for me at Marin Yacht Club, 24 Summit Avenue, San Rafael, CA on Wednesday March 28, 2012, from 12-1:30 pm. Please choose one: Tri Loin of Beef with Fresh Herbed Demi-Glace Vegetarian Saffron Risotto Mesquite Grilled Fresh Wild Salmon (Lemon, White Wine & Bay Shrimp Sauce) Name(s) or Firm Name: Phone: Enclosed check for ($40 members and $40 non members.walk-in $10 more) Visa Mastercard 3 digit code Exp Address Zip Please, we must have RSVP s by March 21, 2012 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 This month s featured nonprofit organization is Community Action Marin Community Action Marin ( CAM ) does so much good and critical work in our community that it is hard to believe that one organization can accomplish so much. CAM was founded in 1966 with an initial $40,000 Federal Grant. In 1967, the Marin County Board of Supervisors designated CAM as the county s official antipoverty agency. Its mandate was, and is, to eliminate the causes and consequences of poverty in Marin County. The agency currently operates 15 programs covering a variety of needs from childcare and AIDS services to energy assistance, family needs and mental health issues. The following is a list of some of CAM s numerous Marin-based programs: 1. Child Development Centers operates quality childcare centers, serving over 600 children from low-income working families and employing over 80 staff. In collaboration with County agencies CAM also provides dental, vision and hearing screenings, referrals to social services and assessments for children with special needs. 2. Bolinas Children s Center offers a parent-participation program and a pre-school and after-school program for children from 2½ to 5 years old. 3. Mental Health Programs provides free of charge services to those with a mental illness and to their family members and friends. Not only do they teach people about their illness or recent diagnosis, but they also educate parents, and family members about mental illness. In addition, peer case managers work with people with mental illness and families to help people through times of crises. Peer training programs are available and other great opportunities exist to help provide support to those with mental illness. hot to the various Head Start, Early Head Start and CAM Child Development classrooms. 6. Energy Program provides once-a-year assistance in paying gas, electric, wood and propane home energy costs and acts as a conduit to other energy assistance and residential conservation programs. 7. Prosperity Partners is a collaborative of public/private agencies and local businesses that share a commitment to empower Marin s low- to moderate-income families and individuals to achieve economic stability and upward mobility. They provide people with financial coaching, small business consulting, credit building, tax preparation and a host of other services designed to get people out of poverty and on the road to financial success. 8. Asian Advocacy Project provides comprehensive services (including immigration, translation, education, financial and health services) to the Asian and South Asian communities to ease the transition into American society. 9. Emergency Family Needs Funding assists Marin families, seniors and the disabled with emergency financial needs that are not covered by other assistance programs. 10. Kidney Community Education serves low-income Ragghianti Freitas LLP is pleased to welcome Heather M. Littlejohn to the firm as a partner. (Continued on page 10) Heather comes to Ragghianti Freitas after three years with the San Francisco office of Manatt, Phelps & Phillips LLP. She will join the firm s civil litigation group, and will focus on land use and real estate matters. 4. Head Start is a child and family development program that provides low-income families and their children with comprehensive health services, education services and social services. 5. Central Kitchen prepares a lunch that is delivered 3

4 on their own. 4 How to Find Good Independent Contractors By John Corcoran One of the common complaints I hear from attorneys in Marin is the difficulty of finding good independent contractors to help when their practice gets a little too busy for them to handle Whether it is an attorney, paralegal, or administrative staff, there are times when attorneys may need to bring on extra help, whether they work for themselves or for a large firm. However, it s not easy to find good, reliable support. Many independent contractors are unreliable, unavailable when you need them, or their work quality is not up to speed. There are actually many options when it comes to searching for and utilizing independent contractors. Here are the basic options: CAREER LITIGATION CONTRACT ATTORNEY SINCE 1990 THERE WHEN YOU NEED SUPPORT, GONE WHEN YOU DON T All phases of civil dispute resolution relating to: Real Property Employment Neighbor Disputes Homeowner Associations Government Construction Defect Business Marvin Claims Other Civil Matters Administrative agencies, state and federal trial and appellate courts Research, writing, appearances, depositions, trial preparation Experienced Discovery Referee Short deadlines often can be accommodated Work performed remotely or at your office Regular or sporadic assignments No job too large or too small Whether you have a present need or wish merely to know on whom to call for help when a future need arises, contact Julie Garfield for a more detailed review of how your attorney support needs can be met on time and at a cost favorable to both your firm and its clients. Julie Garfield San Rafael, CA Telephone: Fax: Legal Placement Agencies One common source for contract staffing is legal placement agencies such as Robert Half Legal, Special Counsel or Kelly Legal Placement Services. The benefit of these agencies is they have done the work of sorting through and vetting hundreds or thousands of job seekers, with the goal of finding someone who is a better fit for your needs. The drawback of placement agencies is the additional cost. Contract recruitment agencies have a set percentage or fee which they recoup and this doesn t vary that significantly, regardless of the hourly paid to the contractor, said Mark Gainer, an attorney and owner of Legal Additions LLC, a firm which does permanent and contract legal placements in San Rafael. Other Attorneys One great source for finding extra help is simply by talking to other attorneys. You can draft up an to attorneys you know and tell them you need extra help. You may find someone whose practice is currently a little slow and would be willing to do the work. Or other attorneys may be aware of a younger or recently graduated attorney who is looking for extra work. Online Independent Contractor Resources Odesk.com and Elance.com are two websites which are devoted to connecting up people who need work and companies who need help. Both sites have thousands of workers listed, and you can either sort through resumes or post your own job and wait for job seekers to come to you. The sites have great features like the ability to hold funds in escrow and the ability to monitor your contractor s progress on your job. One of the real values of these websites is their rating systems. Anyone who has bought or sold something on ebay knows the importance of positive feedback. The independent contractors will work very hard to please people who hire them because they know that they need positive reviews in order to get future gigs. Craigslist Craigslist has a tremendously popular jobs board, and you can post a job announcement for $75. However, there are also two less expensive workarounds. You can post a temporary position in the gigs section for free, and nothing is stopping you from later hiring that person permanently. And if you do hire a temporary worker (Continued on page 10.)

5 Thank You Mock Trial Volunteers! State Honors Marin County Child Support Agency Tamalpais High School Mock Trial Team, (top row) Hannah Holiday, Oliver Ramin, Ivy Ryan, Lindsey Sloan, Claudia Shapiro, Elena Ricciardi, (bottom row) Miriam Lester, Markita Schulman, Henna Arvind. It was one terrific competition involving 10 high school teams and over 200 students. It was made possible (in part) by 12 sitting and retired judges, 31 attorney coaches (including Commissioner Wood), and 36 attorney scorers (see full list below). This year the competition included three new teams, and almost all of the high schools in the county. Once again, Tamalpais High School won the competition by a razor thin margin over Terra Linda. Tam will be competing in the statewide competition in March. Congratulations to Tam and to all the teams for their hard work and dedication! Thank you to the many MCBA members and others who volunteered. Judge Volunteers: Honorable Verna A. Adams Honorable Terence R. Boren Honorable Roy O. Chernus Honorable James T. Chou Honorable M. Lynn Duryee Honorable Harvey E. Goldfine Honorable Paul M. Haakenson Commissioner Randolph E. Heubach Honorable James R. Ritchie Honorable Kelly V. Simmons Honorable Vernon F. Smith Honorable John A. Sutro, Jr. (Continued on page 13.) Michelle Moniz, Kathleen Hrepich and Margaret Bandel The California Department of Child Support Services (DCSS) recognized California s top performing local child support agencies for Federal Fiscal Year (FFY) 2011, at its Statewide Directors Meeting in January. The Marin County Department of Child Support Services, which is funded by state and federal funds, establishes paternity, establishes child support and medical support orders and also modifies and enforces support orders. (Continued on page 11.) Announcing Announcing. LARRY BASKIN We are very happy to announce that longtime Marin attorney Larry Baskin will be joining our distinguished Professional Panel of retired SHELLEY judges and KRAMER prominent attorneys at Resolution Remedies. We are very pleased to welcome Shelley Kramer to Larry Resolution Baskin brings Remedies 40 years as Director of experience of Operations. as a litigator and transactional attorney to his Mediation practice. Knowledgeable With over 25 about years the of law litigation in a broad experience array of practice wide areas, variety Larry s primary of civil strengths practice lie areas, in business, Shelley real will in a estate ensure and construction. that your ADR He experience, is swift on from the uptake, selection able of to quickly panelist pick through up on executed the law and settlement facts in the agreement, matter is seamless and easy. Call now to schedule a matter! before him, and has a personable style that allows him to connect with the parties and their counsel in a very agreeable way--all traits that will allow him to achieve great success Look as us a up mediator. on the Web Look us up on the Web (800) (415)

6 6 Francine d. ward, esq. 775 E. Blithedale ste.325 mill valley, ca INTEGRATIVE RESTORATION: FINDING EQUANIMITY IN THE FACE OF STRESS By Robert Rosborough business intellectual property attorney trademark registrations trademark prosecutions copyright registrations contract review social media law Publishing Agreements business formations advertising/ftc rules Do you ever feel a moment of fear when a friendly witness turns hostile in the middle of a big trial? When opposing counsel in a business deal says the deal is off? When your spouse reminds you it s your anniversary today at 11 p.m.? What if you had an inner resource to draw on that enabled you to face situations like this without fear? What if your response could become automatic, enabling you to go through life knowing that you had the equanimity to deal with whatever life threw your way? That s the idea behind Integrative Restoration or irest for short. irest is a type of meditation. More elaborate than many types of meditation, irest has specific components designed to help you develop a sense of mastery in difficult situations as well as a sense of ease navigating your everyday life. It can help with insomnia, chronic and acute pain as well as depression, anxiety and fear. Since conducting a study in 2006, the Department of Defense has been using irest in a three-week intensive treatment program for soldiers returning from Iraq and Afghanistan as treatment for post-traumatic stress disorder. In other words, irest really works. irest was developed right here in Marin County by Richard Miller, a clinical psychologist. It is based on the principles of yoga nidra, or sleep yoga, even though neither sleep nor yoga in the way most of us think of it is involved. It differs from many types of meditation in that you do not focus on just one thing, such as your breath or a particular thought, but go through a series of steps. These steps start with forming an intention about your practice of irest and include focusing on sensations in your body and on your breath, as well as addressing specific emotions and beliefs you have. It is best done in a quiet place where you can sit or lie down comfortably. But with practice, it can be done in many circumstances, even while walking or driving not recommended for the beginner! Perhaps the most important part of irest is the idea of an inner resource. The inner resource can be thought of as an inner safe haven, a place you can go in your mind and body that enables you to feel at ease and in control of your experience. An inner resource can be many different things: the image of an actual place such as a waterfall from a Hawaiian vacation, the thought of a loved one or even a symbol. What s important is the feeling that it creates for you. Usually, the more sensations you use, such as imagining a scent or a sound along with visual images, the more effective it will be for you. The inner resource is simultaneously often the most challenging and most important part of irest: important because your inner resource is what you call upon to face life s challenges and challenging because many people find it difficult to develop a thought that makes them feel completely safe. But each time you practice irest, one of the steps is calling up your inner resource and over time it becomes easier and easier. The goal is to make it easy to call up during your daily life when life stresses you out. Your inner resource is likely to evolve or even change completely with practice and may take months or even years to settle into its final form. Like all forms of meditation, the key is practice. But eventually your inner resource can be something that you do not even have to consciously call up but can just arise automatically when you are stressed. It lasts just long enough to return you to (Continued on page 11.)

7 Superior Court of California County of Marin RECRUITMENT NOTICE Part-Time (.3 FTE) Court Commissioner and Part-Time (.4 to.5 FTE) Traffic Referee Marin County Superior Court is seeking a qualified attorney to serve as a part-time (.3 FTE) Court Commissioner to preside over Title IV-D child support calendars. It is anticipated that the weekly schedule for this assignment will be Tuesday afternoons and Thursdays, all day. Experience in family law is highly desirable. Compensation will be paid at the rate of $73.08 per hour (85% of the hourly rate of a judge), up to 12 hours per week. Appointee will work under the direct supervision of the Presiding Judge and/or Supervising Family Law Judge. The Court is also recruiting for a part-time Traffic Referee to preside over contested infraction calendars and other related assignments. This will be a two- day per week assignment, with the potential of a third half-day, as the workload may require. It is anticipated that the weekly schedule will be all day on Mondays and Wednesdays, with the possibility of an occasional Tuesday morning. Experience in traffic and/or criminal law is desirable. This position will be paid at the rate of $60.16 per hour (70% of the hourly rate of a judge.) Appointee will work under the direct supervision of the Presiding Judge and/or Supervising Criminal Judge. Eligible candidates must be active members in good standing of the California State Bar for a period of at least five years prior to appointment; demonstrate relevant legal knowledge and experience, as deemed sufficient by an interview panel of judicial officers; and not have any prior disciplinary actions with the State Bar or any disciplinary actions pending. Appointees may not otherwise engage in the practice of law in the State of California and must comply with the Canons of Judicial Ethics. Subject matter judicial training will be provided by the Court, in addition to any mandatory training required by the California Rules of Court. Applicants may apply for one or both positions and must indicate in their cover letters which position(s) they seek. Please submit a detailed resume, with names of professional references no later than 4:00 p.m. on Friday, March 9, 2012 to: Marin County Superior Court Human Resources Department Attn: Court Commissioner Application P.O. Box 4988 San Rafael, CA For additional information regarding this position, contact Scott Beseda, Human Resources Manager, at: (415) EEO/AA: Marin County Superior Court is an Equal Opportunity Employer The Bay Area s Premier Reporting Service Capturing your words with caring hands A. MAGGI SAUNDERS & ASSOCIATES CERTIFIED SHORTHAND REPORTERS Serving the Entire Bay Area since (office) (mobile) Complimentary Conference Rooms Document Depository Livenote/E-Transcript Videoconferencing 117 Paul Drive, Suite A San Rafael, CA Fax 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 (Pro Bono, continued from page 1.) The non-attorney Wiley W. Manuel Award Recipients are: Cynthia Abesa, David Angelo, Diana Braa, Zoe Brown, Valeria Cuba, Lauren Curtis, Emiko Fujita, Maya Kevin, Makala Keys, Patti LaPerriere, Hoang LeClerc, Veronica Melendez, Vadim Sidelnikov and Dede Teeler. MCBA member Jennifer Ellis will address our group on her experiences with Legal Aid of Marin and the pro bono services she has provided. Honorable Mention is for the following attorneys and non-attorneys who provided valuable assistance to Legal Aid of Marin and / or contributed hours in 2011: David Abella, Timothy Chambers, Beau Epperly, Robert Harrison, Chelsea Maclean, James Poindexter, Carolyn Rosenblatt, Michele Trausch, Debra Whitehouse-Kemp, Michael Yongue. We would like to extend Special Recognition to McDermott Will & Emery, Kirkland & Ellis, Morrison & Foerster and Fenwick & West for contributing to our legal services in Please make your reservations and join us on Wednesday, March 28, For a full list of volunteers we are celebrating go to Over 25 years of leadership in care and fiduciary management for disabled and older adults The Marin Lawyer (Tension, continued from page 1.) expectation of privacy for Fourth Amendment purposes and the public s idea of privacy. In addition modern technology allows the government to perform searches and surveillance in ways not possible even twenty years ago. The case of United States v. Jones (2012) 132 S.Ct foreshadows the coming legal battles over how technology impacts the Fourth Amendment right to be free from unreasonable searches and seizures. For decades the United States Supreme Court has primarily used a reasonable expectation of privacy standard to analyze Fourth Amendment violation questions. If a citizen does not have a reasonable expectation of privacy in the area searched there is no Fourth Amendment violation. United States v. Jones provides a window into the tension between modern surveillance technology and the Fourth Amendment of the Constitution. In Jones the Supreme Court addressed the question of whether the attachment of a Global Positioning System (GPS) tracking device to an individual s vehicle, and subsequent use of that device to monitor the vehicle s movements on public streets, constituted a search or seizure within the meaning of the Fourth Amendment. Antoine Jones owned a nightclub and was suspected of drug trafficking. Government agents installed a Global- Positioning-System (GPS) tracking device on his car without a valid warrant. Government agents tracked the vehicle s movements for 28 days. Evidence of the vehicles location was used to tie Mr. Jones to a stash house which contained $850,000 in cash, 97 kilograms of cocaine, and 1 kilogram of cocaine base. After trial Mr. Jones was sentenced to life in prison. Marchi & SMith 311 Miller Avenue, Suite H, Mill Valley, CA Serving the legal community of Marin since 1965 MARIN PACIFIC COMPANY.INC. General Insurance Brokers and Agents PROBATE BONDING Over 25 years of leadership in care and fiduciary management for disabled 1430 Fourth Street and older Daniel adults C. Dufficy San Rafael, CA Gail Anne Geary Representing major surety carriers fast local service Marchi & SMith 311 Miller Avenue, Suite H, Mill Valley, CA The Justices unanimously ruled that this violated the Fourth Amendment. Justice Scalia drafted the majority opinion which was joined by Justices Roberts, Thomas, Kennedy, and Sotomayor. Justice Sotomayor drafted a concurring opinion. Justice Alito drafted a concurring opinion which was joined by Justices Kagan, Ginsburg, and Breyer. Although the Justices unanimously agreed that the government action violated the Fourth Amendment they disagreed as to why. Their varying opinions illustrate a fundamental disagreement as to how the Fourth Amendment should be applied to government use of modern technology. Justice Scalia based his decision on a government trespass theory. He relied on case law from 1765 to support 1 All citations to United States v. Jones (2012) 132 S.Ct. 945 unless otherwise noted. (Continued on page 9.)

9 (Tension, continued from page 8.) his argument that when the government commits a trespass on private property the Fourth Amendment is violated. He explained, [i]t is important to be clear about what occurred in this case: The Government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a search within the meaning of the Fourth Amendment when it was adopted. Entick v. Carrington, 95 Eng. Rep. 807 (C.P. 1765), is a case we have described as a monument of English freedom undoubtedly familiar to every American statesman at the time the Constitution was adopted, and considered to be the true and ultimate expression of constitutional law with regard to search and seizure. In his concurring opinion Justice Alito criticized the basis for Justice Scalia s reasoning by stating This case requires us to apply the Fourth Amendment s prohibition of unreasonable searches and seizures to a 21st-century surveillance technique, the use of a Global Positioning System (GPS) device to monitor a vehicle s movements for an extended period of time. Ironically, the Court has chosen to decide this case based on 18th-century tort law. Although he based his decision on the reasonable expectation of privacy standard Justice Alito confronted the idea that modern technology has made the application of the standard problematic in that the test rests on the assumption that this hypothetical reasonable person has a well-developed and stable set of privacy expectations. But technology can change those expectations. Dramatic technological change may lead to periods in which popular expectations are in flux and may ultimately produce significant changes in popular attitudes. New technology may provide increased convenience or security at the expense of privacy, and many people may find the tradeoff worthwhile. And even if the public does not welcome the diminution of privacy that new technology entails, they may eventually reconcile themselves to this development as inevitable. Justice Alito identifies the additional dynamic that modern technology has given the government the ability to observe more while expending fewer resources, [i]n the pre-computer age, the greatest protections of privacy were neither constitutional nor statutory, but practical. Traditional surveillance for any extended period of time was difficult and costly and therefore rarely undertaken. The surveillance at issue in this case constant monitoring of the location of a vehicle for four weeks would have required a large team of agents, multiple vehicles, and The Marin Lawyer perhaps aerial assistance. Only an investigation of unusual importance could have justified such an expenditure of law enforcement resources. Devices like the one used in the present case, however, make long-term monitoring relatively easy and cheap. Justice Alito recognizes that the proliferation of technology that permits the monitoring of a person s location such as GPS enabled cell phones will create a tension between a person s desire to take advantage of these products and their desire for privacy. He believes that concern about new intrusions on privacy may spur the enactment of legislation to protect against these intrusions. Legislation may be the best answer but at the current time it is not entirely clear how the Supreme Court will apply the Fourth Amendment to modern technology. Charlie D. Dresow s practice focuses on representing those accused of a crime. Mr. Dresow is a proud member of the Richard M. Sangster Inn of Court. In his spare time Mr. Dresow enjoys coaching youth football, playing rugby, and reading history. He can be reached at com or (415) MCBA Standing Committees and Section Members for 2012 can be found on the website at 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: 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/

10 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: The Marin Lawyer (Community Action Marin, continued from page 3.) (How to find, continued from page 4.) and disenfranchised adults with kidney challenges and permanently, you will not have to pay a fee like you would facilitates access to both local and national resources. if had you gone through an agency. 11. Sparkpoint Marin Center is a one-stop community financial resource center to help individuals and families grow and prosper in the form of career advice, tax preparation, business development, and credit building services. 12. FoodWorks is a specialty food manufacturer creating unique, delicious products inspired by local foods and the local harvest to serve a variety of community needs. CAM FoodWorks profits help fund critical programs that have lost local and federal funds. The diverse programs and services provided by CAM offer people who want to volunteer their time with a whole host of choices. Volunteers opportunities include adult literacy services, peer counseling services, and working with children, families, and people living with mental illness. If you have any other in-kind donation, such as a donation of office furniture, a vehicle, or tax or legal services you would like to offer to others, please contact Director of Development Russell Hamel at There is also a section on Craigslist called Resumes which allows any job seeker to post their resume or qualifications. If you search in this section for lawyer, attorney, or paralegal, then you can find just lawyers, attorneys or paralegals who are looking for work. As with any hire, you should verify their qualifications by calling their references before making a hiring decision. Law School Job Boards Each of the local Bay Area law schools have robust websites which will allow you to post an ad to their system for free. You may also want to contact the local law school career offices directly. I contacted Bryan Hinkle, the director of the University of San Francisco School of Law recently and he said he recommends that employers post a job to the USF School of Law LinkedIn Group, which has approximately 1,800 members. The UC Hastings LinkedIn Group has 2,100 members, the Boalt Hall group has 2,140 members and Golden Gate University has approximately 1,000 members, so these are all good sources as well. Post a Notice on Your Website or Blog You may also draft a job description, the duration of the assignment, and any other requirements and post it on your website or blog. You can then share this post by ing the link to others or by posting it to social networks such as Facebook or LinkedIn. For more tips on how to find good independent contractors, visit my blog at John Corcoran is an attorney with the Corcoran Law Firm in San Rafael, where he practices real estate/land use, civil litigation and small business. He can be reached at (415) or Construction and Real Estate Commercial and Residential Landlord/Tenant Business Disputes and Litigation Employment Bodily Injury 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: Place your ad here Super Business Card Ad Only $60 per month with a 6 month contract. Call Pat Stone (707) for more information 10

11 (Child Support Agency, continued from page 5.) (Integrative Restoration, continued from page 6.) Marin County received awards, based upon their caseload size, for top overall performance of a very small county and for most improved performance for a very small county on five federal performance measures in FFY The third award received by the local agency was for achieving the rank of #2 statewide in overall performance regardless of caseload size. Marin was #8 in the statewide ranking for Michelle A. Moniz and Margaret S. Bandel, both Marin County DCSS Attorneys, accepted the awards on behalf of DCSS. I have the honor to lead an exceptional group of dedicated employees, said Keith Pepper, Esq., Director of Marin County s Department of Child Support Services. Despite the challenges in the last few years of reduced state funding and a smaller staff, we continue to improve our ability to effectively serve the children and families of Marin. The awardees make California proud, said Interim DCSS Director Kathleen Hrepich. These counties showed exceptional fortitude in meeting or exceeding their performance goals. Ultimately, it is California s families and children who benefit from these outstanding efforts. Five counties were honored for top overall performance. They ranked highest among their caseload size for outstanding performance in all federal performance measures: Marin (very small county), San Luis Obispo (small), Sonoma (medium), Ventura (large) and San Diego (very large). Five child support agencies showed the most improvement in overall performance, by caseload size: Marin (very small county), Sierra/Nevada (small), Butte (medium), Ventura (large) and San Diego (very large county). Ten local child support agencies were recognized as the Top 10 They are: 1. San Luis Obispo, 2. Marin, 3. Humboldt, 3. Plumas (tie), 5. Sierra/Nevada, 6.Ventura, 7. El Dorado, 8. Mariposa, 9. Sonoma and 10. Central Sierra (Amador/Alpine/Calaveras/Tuolumne). The California Department of Child Support Services and the 51 Local Child Support Agencies operate the largest child support system in the nation with approximately 1.4 million cases. In 2011, California s child support program collected and distributed more than $2.2 billion. a state of equanimity so you can deal effectively with the stressful situation at hand. Another step of irest is body sensing. Body sensing is simply directing your attention to different parts of your body and observing any sensations that are present. You don t try to alter what you observe, you just note it and move on. Body sensing has numerous benefits. The simplest may be that it helps get you out of your head. It soothes the nervous system and relaxes you. In the longer term, it helps develop the ability to concentrate and focus attention. It is most effective by starting with parts of the body where we have the most nerve endings. In school, you may have seen a funny-looking drawing of a person called a sensory homunculus, with a huge head, hands and feet and the rest of the body tiny. The huge parts of the figure represent where the body has the most sensory input and irest usually starts body sensing in one of those locations, often in the mouth. Stress-Relief Tip: Try it by focusing for ten seconds on the roof of your mouth. Note any sensations you feel, which might be none. Move on to the left side of your mouth, the right, then to the tongue. Sometimes doing this even for a few seconds can help us relax. Body sensing can also help us to short circuit difficult emotions. Stress-Relief Tip: One simple technique involves (Continued on page 12.) Mediation offices of Steven RoSenbeRg Highly effective and skilled mediation services for Commercial Real Estate Employment Probate Family Law Personal Injury Mr. Rosenberg has practiced law for over 30 years. He is an adjunct Professor of Law at Usf, an approved consultant for the academy of family Mediators and was chair of the Marin county Bar adr section. He is a member of the mediation panels for the U.s. district court, nasd, and all Bay area trial & appellate courts. References available upon request. 775 East Blithedale Avenue, #363, Mill Valley, CA RosenbergMediation.com 415/

12 (Integrative Restoration, continued from page 11.) doing it with your hands. Just as with your mouth, focus on your left hand for a few seconds. Note what you feel: possibly warm or cold, maybe achy or relaxed. Now focus on your right hand and observe it. Alternate sensing each hand for a few seconds. Now try to think of both hands at once. Keep trying. It s difficult. Studies have shown that trying to sense opposites like that not only gets us out of our thoughts but can interrupt whatever emotional state we are in. It s useful when feeling anxiety or fear or other problematic emotions. Breath sensing is another step of irest. Many types of meditation focus on the breath and how we breathe reflects our state of being. As even many non-meditators know, our breathing is usually rapid and shallow when we are tense. If our breath is slow and easy, we are relaxed. While irest uses breath sensing similar to body sensing, it also can actively encourage altering how you breathe. Studies have shown that healthy breathing involves breathing out for longer than you breathe in, typically one and a half times as long. In irest, one step is deliberately drawing out your breath so that your exhalation is twice as long as your inhalation. Stress-Relief Tip: Even if you are not practicing irest, you can use this technique: simply count as you breathe in without trying to alter how you breathe and then keep breathing out until you have reached a count twice as high. Doing this for ten minutes can reset how we breathe for as long as six or eight hours and improve our mental and emotional state. irest also addresses our emotions and teaches us that they are messengers best listened to rather than suppressed and ignored. One step of irest is witnessing emotions. This usually involves choosing a particular emotion you are dealing with at the moment for any given irest practice. Witness the emotion without judgment. Anger, sadness, anxiety are not inherently bad, they are simply telling you something. Spend a few minutes examining the emotion. What does it feel like in your body? Tightness in the chest perhaps? Can you define where it is in your body, does it have edges? Stress-Relief Tip: Invite your emotion in for tea! Imagine your emotion sitting in a chair across from you. Imagine a physical form for it, which certainly doesn t have to be humanoid. Ask it what it wants. What it needs. What action it wants you to take. These three questions will often lead to remarkable insight that will help you understand why you are feeling the way you are and if you don t like feeling that way, give you guidance on how to change it. The ideas and practices outlined above are only some of the steps of irest but hopefully offer a glimpse of what it has to offer. Clearly it is more complex than just sitting down, closing your eyes and trying to focus on something. It takes lots of practice but can also offer some of its benefits 12 The Marin Lawyer as soon as you start practicing. You can learn the full irest practice by reading about it or attending class. Richard Miller has produced a six-cd set available on Amazon that contains both talks about irest as well as guided meditations. There are also single-cd guided meditations and a book he authored called Yoga Nidra. California Pacific Medical Center s Institute for Health and Healing in San Francisco periodically offers eight-week classes in irest. You can also learn more, including about various retreats, programs and trainings, by visiting irest s web site: Finally, I am happy to talk with you about my experience with irest. You can reach me at Robert Rosborough is a former lawyer turned mediator and writer. His web site is pro. If you need to make a referral, remember the Lawyer Referral Services. For a fee of only $50, clients can meet with qualified attorneys for a half hour consultation. To set up an appointment, call (415) To increase sales, announce a new partner or advertise a new business: place your ad in The Marin Lawyer contact Pat Stone, Express Printing Phone: (707) Fax: (707)

13 Details for Events Calendar Mar. 8th Construction Law Section Meeting Mold Issues - The Fungus Among Us Chip Lambert Expert Location: Resolution Remedies, Suite 800, 1000 Fourth Street 1 Hour CLE 12:00-1 pm Barbara Monty - Mar. 20th Mixer Hosted by the Business Law, Intellectual Property and Labor & Employment Sections Save the Date! 5:30 pm 7:30 pm The Marin Lawyer (Mock Trial, continued from page 5.) Attorney Coach Volunteers: Sara Allman Lauren Battaglia A. J. Brady Alan Charmatz Kris Cirby Robert Epstein Lori B. Feldman Joel Gumbiner Bryna Holland Adrian Ivancevich Patrick Jordan Sean A. Kensinger Emily Knoles Shelley Kramer Michael Lopez Greg Martin Alan Mayer Gordon McAuley Julia McIlroy Kathleen Murray Darius Ogloza Dorothy Proudfoot Christopher Sheron Leonard A. Rifkind Jay Ruskin Steven J. Wasserman Debra Whitehouse David Vogelstein Matt White Beverly Wood Mollee Sue Zoken Mar. 21st ADR Section Meeting 2011 in Review Proposed New Laws for 2012 re: Mediation 12:00 1:30 pm Location: Brick & Bottle, 55 Tamal Vista Blvd Corte Madera RSVP to Mike Malone Probate & Estate Section Meeting Location: San Rafael Corporate Center Conference Room, 750 Lindaro Street 12 1:30 pm Mar. 26th Intellectual Property Section Meeting Brown Bag Meeting Location: Law Office of Francine Denise Ward 775 E. Blithedale, Suite 325, Mill Valley RSVP -Steven Nielsen or Francine Ward Probate & Estate Mentor Group Brown Bag Meeting Location: The Lerman Law Building, 802 B Street San Rafael RSVP to Michelle Lerman :30 pm Attorney Scorer Volunteers: Peter Brekhus Matthew Briggs Robert Casper, Jr. Renee Chernus Carrie Ann Colton Antonio Cortes Colleen Doherty David Feingold Michael J. Fish Laura Flynn Brendan J. Fogarty Kevin Gray Sandra Groven Jessica Karner Richard Katerndahl Dennis Kavanagh Jeff Lerman Martin Malkin Nancy McCarthy Bernard Meyers Gail E. Mitchell J. Timothy Nardell Jessica Pliner Ruth Rosen Geoffrey Rotwein Michael Satris Barrett Schaefer C. Jason Smith Richard Stromberg Christopher Tarbell Jose Varela David Walchli Marta Weiss Derek Weller Wendy Wyse The Robin erdmann GRoup Real Estate & Land Use Economic Consultants & Appraisers 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 13

14 New Members Christina L. Angell Law and Mediation Offices of Christina L. Angell 802 B Street San Rafael, CA Fax: Valerie Kraml Kraml Law Office 3141 College Ave., Suite 10 Berkeley, CA Givelle Lamano 1515 Broadway San Francisco, CA Alexis Lynch Robb & Ross 1662 Beach Street San Francisco, CA Cadio Zirpoli Saveri & Saveri, Inc 706 Sansome Street San Francisco, CA Fax: Katie Zwarg 150 Magnolia Ave. Larkspur, CA change of scene Steven Stoltz Law Offices of Steven Stoltz 802 B Street San Rafael, CA Fax: Ana Matheson U S Department of Justice 1875 Centro West Tiburon, CA Jessica M. Sparks Fair Housing of Marin 615 B Street San Rafael, CA x104 Fax: Mary Sylla Public Health Institute 5 Stadium Wy Kentfield, CA Lily Wong Marin County District Attorney s Office 3501 Civic Center Dr. San Rafael, CA Trial Software Training Trial Presentations Trial Presentations Courtroom Set-up Courtroom Set-up Courtroom Mock Trials Set-up Mock Trials LEGAL In House Synchronization In House Synchronization Duplication & In Editing House Duplication & Editing VIDEOS, LLC Day-in-the-Life Synchronization Day-in-the-Life Serving Marin and Sonoma Counties since 1988 Court Reporters Serving Marin All of and Central Sonoma California Counties since1988 Free Wireless Duplication Court Internet Reporters & Editing 4340 Redwood Highway F #150 Video Teleconferencing San Rafael, CA Free Wireless Internet 4340 Redwood Highway F #150 Court Reporters Video Teleconferencing San Rafael, CA LEGAL VIDEOS, LLC Toll free Fax Depositions Depositions Trial Preparation Trial Preparation Trial Preparation Trial Software Training Toll free Fax Complimentary Complimentary Depositions Deposition Suites with Suites with refreshments refreshments when using when our services. using our services. Deposition Deposition Suites also available Suites for rent. also available for rent. Complimentary Depositions Suites with refreshments when using our services. Deposition Suites also available for rent.

15 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. Deposition/Trial Transcript Summaries: My summaries are concise and accurate, allowing you to easily reference critical testimony. Fast turnaround, competitive rates. Call Jessica: CPA SEEKS OFFICE + SECRETARIAL SPACE TO SHARE WITH ATTORNEYS: Current sublease expires April 30, years subletting from attorneys. Prefer San Rafael, will consider other options in Marin. Great tenant! Please Contact: Estate planning paralegal seeking project work. Work from my office or yours. Expertise: Estate Planning, Trust Administration, Probate, Conservatorships. Contact Lynn: or Well-established estate planning attorney in the redwoods of Humboldt County seeking a law partner. Perfect match for an accomplished estate planning attorney looking for quality of life and a highly profitable practice. Contact Place your ad here Super Business Card Ad Only $60 per month with a 6 month contract. Call Pat Stone (707) for more information Deadline for submission of articles, ads, inserts, and announcements is the 15th of each month. Thank you. 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) Mission Statement of the Marin President OTIS BRUCE, County JR Bar Association President-Elect JESSICA To KARNER involve, encourage, and support Secretary ELIZABETH BREKHUS bar association members, to Treasurer serve as a liaison to the Marin County courts, JOEL GUMBINER Past President and to educate the community and BETH JORDAN enhance access to legal services. 5 Year Past President LEONARD A. RIFKIND Drunk Driving and DMV Matters Paul Burglin MItChell, hedin, BreIner, ehlenbach & BUrglIn Courthouse Square 1000 Fourth St., Suite 570 San rafael, Ca (415) Author: Calif. Drunk Driving Law A-V Rated - Martindale Hubbell TM Board Certified in DUI Defense 15

16 Marin County Bar Association 30 North San Pedro Road, Ste. 140 San Rafael, CA published by The Marin County Bar Association Fax MCBA Officers Jessica Karner President Joel Gumbiner President Elect Elizabeth Brekhus Treasurer J. Randolph Wallace Secretary Otis Bruce, Jr. Past President Matthew N. White 5 Year Past President Board of Directors David I. Brown Paul Cohen Charles Dresow Riley Hurd Lisa Spann Maslow Barbara Monty Pedro Oliveros Jessica Pliner Dorothy Proudfoot Kate Rockas Scott Rogers Barrett Schaefer Eric Sternberger Lawrence Strick 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 saving a park happens. How sustainable farming happens. How redefining return on investment 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 turn their good intentions into good investments. HOW CHANGE HAPPENS 16

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