April 2015 Volume 46, Issue 4. The Marin Lawyer. An Official Publication of the Marin County Bar Association

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1 April 2015 Volume 46, Issue 4 The Marin Lawyer An Official Publication of the Marin County Bar Association APRIL MEMBERS LUNCH The State of the Court Speaker: Kim Turner, Marin County Superior Court Executive Officer Wed Apr 22, :30 PM San Rafael Joe s $40 Members $45 Nonmembers If you have a practice in civil litigation, family law, probate and estate, or criminal law, this informative program offers cogent information on how our Marin Court operates and in understanding and navigating through the court changes. Have you wondered the following? How do research attorneys work in the various divisions? What is the procedure and who is selected to decide the criminal processing of cases? What is the funding for this year and next, including the Court s strategic and operational plans to address budget shortfalls? How can the community of MCBA attorneys assist the court to function more efficiently? You ll hear answers to these as well as updates on the technology and business process changes that have been implemented to streamline the clerk s offices, jury services, and courtroom. We will discuss the outlook for the future of our Court and State judicial branch. Attendees will have ample opportunity for questions. MARIN LAW PRACTICE MANAGEMENT Going Paperless in a Small Law Office Thinking about going paperless? Developing a plan can be more difficult than implementing a plan to go paperless. Here is one plan that might work for your office: Develop intake procedures for all data, including mail, voic , faxes and . Assign staff responsible for implementation. Identify who will organize the electronic file cabinet and do periodic spot checks to make sure electronic files are saved consistently in the right place. The electronic file cabinet requires a data management system or DMS. The American Bar Association did a recent survey that compares DMS for small law firms: google American Bar Association software comparison. (Continued on page 2) In This Issue Interview with Judge Geoff Howard... 2 President s Message... 3 Robert Praetzel: 1974 MCBA President..3 May Members Lunch... 4 Doing Good Work... 5 Administrative Professional s Day... 5 Director Spotlight... 6 Evolving Duty of Competence... 7 Creation of Special Needs Trusts... 8 New Members Calendar Details Marketplace Calendar of Events Thu, April 9: 12-1:30 pm Real Property Section Meeting Tues, April 14: 12-1:30 pm Labor & Employment Section Brown Bag Lunch Meeting Wed, April 15: 12-1:30 pm ADR Section Meeting Wed, April 15: 12:00-1:30 p.m. Probate & Estate Planning Section Meeting Thursday, April 16: 12-1:30 pm Construction Law Section Meeting Tue, April 21: 10 am 12 pm Members Only San Quentin Tour Tue, April 21: 12-1:30 pm Probate & Estate Planning Section Mentor Meeting Wed, April 22: 12-1:30 pm MCBA Member Meeting 2015 The State of the Court Tue, April 28: 12-1:15 pm Diversity Section meeting See page 13 for details & more events. 1

2 2 Interview with Judge Geoff Howard By Shelley Kramer Good Morning, Judge Howard, thanks for taking the time to meet with me. 1. How many days have you been on the bench now? It s been four weeks now, after an eight-month selection process. 2. Usually new Marin judges are well-known in the County, have you been here all along? Well, I ve lived in Marin for eight years, but my practice was in San Francisco and all over the country, so now I have the chance to spend time here. 3. Did they just throw you to the wolves? I had a week of training, but the transition has been very smooth. All the judges have been warm and welcoming. I ve shadowed them and sat with them; they ve been very available to me. And the attorneys have been patient as well. 4. What was your prior practice? I handled commercial litigation and intellectual property and tech litigation in state and federal courts, but not so much in Marin County. 5. How did it feel to leave? After 22 years, it was emotional to pack it all up, go through all the files and mementos, but I took some time off with family, we had a chance to travel a bit, and I feel like I ve had time to adjust. 6. Is it a challenge to move from litigator to judge? Even as an attorney, I always felt the goal was to get the right answer, to do the right thing. As an attorney, you hope what your client wants is the right outcome, and as a judge, you want the right outcome as well. Instead of representing a client, you re representing the public, seeing that each case comes to the right resolution under the law. So there are some similarities. 7. Does the move to the bench feel like a promotion? Or like retirement? I m working the same hours I always have. It feels like a natural next chapter for me, where I can apply some of the same skills I ve learned, but still do something completely different from what I did before, which is exciting. 8. But you just spent the morning on a list of case management conferences, how can that be exciting? Every case has a story, and for that reason, every case is interesting. 9. Do you expect to be able to adhere to the oneyear filing-to-trial policy in Marin County? Does that seem realistic? That s the policy, so it s certainly our goal, and I plan to work very hard to meet it. Each case has to be looked at on its merits. For many cases, a quick target can be just what s needed. 10. How do you hope to be known as a Marin County judge? I ve had several excellent role models, including one of my first mentors Judge Breiner, who swore me in, in his chambers. The judges I look up to the most are patient, even-tempered, and hard-working, and they keep their cases moving. 11. And now you get to come to all the MCBA events, right? I ve been to several since I joined the Bar Association a few years ago. (Paperless, continued from page 1) Decide whether you are going to keep electronic, hard copies or both. Create a plan for closed files, including returning original documents to clients. (You may want to add a provision in your retainer agreement that states the policy you adopt.) Elizabeth Brekhus is a civil litigation attorney practicing in Marin County. 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

3 PRESIDENT S MESSAGE Introduction to 1974 By Randy Wallace It is 1974, but let s look back to 1955 for a bit. In 1955 there was a coming of age movie called Rebel Without a Cause. It starred Natalie Wood, Jim Bacchus, Sal Mineo, Dennis Hopper and, of course, James Dean. James Dean was simply cool; he had that elusive and rare quality that embraces elements of grace, swagger, style, originality and mystery. The Eagles described James Dean as a low-down bad refrigerator, who was just too cool for school, sock hop, soda shop, basketball and auto shop, the only thing that got him off was breakin all the rules. One of our past presidents was also cool and broke the rules. He was a Rebel with a Cause. He said no and he did it pro bono. Every time you drive north across the Golden Gate Bridge and look at the Marin Headlands, you should remember his name, Robert P. Praetzel. And you should remember that he was president of the MCBA in SOME MARIN BAR AND PRACTICE HISTORY Robert Praetzel: 1974 MCBA President I started my practice in March 1954 in San Anselmo with Wallace Myers and George Meehan. Most attorneys at that time had a broad practice. Our practice ranged from bankruptcy to Workman s Comp, nearly every branch of law except patent law. I was given a desk, but no salary. It took several years to built up a practice and my principal income the first several years was from reading and grading bar exams. Fees were determined by a Minimum Fee Schedule, for example: wills were $25 and I believe divorces were $100. The schedule was later declared illegal. Around that time, there were fewer than sixty lawyers in Marin including lady lawyers Natalie Holly and Ann Diamond in San Rafael, Betty Callahan in Mill Valley, and, if I am not mistaken, a Bella Aaron also practiced in Marin. All of the lawyers knew each other as well because practically everyone worked in the old courthouse in downtown San Rafael. Now there are around 750 Marin County Bar Association members, and also many Marin lawyers who are not bar members. Interestingly, around 1,150 people took the fall bar exam in 1953, and 8,900 took it in July There were two other lawyers in San Anselmo: Larry Wright, whose practice I attended to several times when he was on vacation, and Mort Colvin, who later became a Superior Court Judge in San Francisco. Mort confided in me that after several years practice, I might be able to clear $10,000 a year. Sadly, in 1957 my partner George Meehan died unexpectedly at age 37 of an aneurism while playing basketball with several other attorneys, including one of his best friends, Warren McGuire. A year later Charles Pierce joined our firm. Around 1967, we moved our office to the Bank of Marin building in San Rafael. Our San Anselmo office was taken over by Marin s own Clarence Darrow the venerable Carl Shapiro, who is still practicing at age 97 or thereabouts. Either Carl or his daughter Sylvia are probably still getting occasional midnight calls from the San Anselmo Fire Department telling them to come down and put sandbags in front of their office before it floods. Around 1980, Wallace Myers and I relocated to Fifth and F Street in San Rafael, joining former District Attorney Roger Garety. From time to time, other attorneys were associated with us, including Len Bjorlkland, Marty Malkin, Faye Taylor and Peter Muzio. I started to devote most of my practice to Estate Planning and Administration. In the early 1990s, after Myers and Garety retired, I was fortunate to join Ken McDonald s office and it subsequently became McDonald, Praetzel, Mitchell, Hedin and Breiner, from which I retired in I continue to act as Trustee on several trusts and at least once a month, I get calls from former clients. I also go to weekly lunches attended by the attorneys from my old office and several retired judges the regulars being Gary Thomas, Vern Smith and Dick Breiner, all of whom keep the lunch lively with wit, humor and reminiscence of their days on the bench. BAR ASSOCIATION ACTIVITY In 1954, the Bar met at various locations including the Elks Club, (also the watering hole for lawyers), Bermuda Palms and the old Travelers Inn (later Café Pranzo then Salute, which burned down several years ago). I served as Bar Treasurer under Herb Walton and had to collect for lunch after each meeting. Several times the amount collected was not enough and I had to pony up the difference. Bar officers were nominated by a committee and I was surprised when Harold Truett called to say I had been nominated as Vice President. I then served under the excellent administration and tutorage of President Len Shaw. (Continued on page 10) Edmond McGill *Civil and Criminal Litigation *Consultations and Referrals (415)

4 MAY MEMBERS LUNCH Social Justice: From Problems to Solutions Presented by MCBA Diversity Section Wed May 27, :30 PM Fenix, San Rafael $40 Members $45 Nonmembers 1 CLE credit for Elimination of Bias Over the last few years, Americans along with Marin County citizens have seen police shootings and other evidence of police and community polarization. While communities such as Ferguson, Missouri deal with this polarization, the Department of Justice offers its remedies. The guiding principles for change are the same everywhere: local community involvement and community policing programs offer important solutions. At this luncheon, attendees will learn through a facilitated discussion about local Marin initiatives that show how community and law enforcement engagement, education empowerment, and restorative justice are key to improving social justice in our community. Speakers: Diana Bishop, Chief of Police, City of San Rafael Dr. Shirley Thornton, Assistant Principal, Bayside Martin Luther King, Jr. Academy, Marin City Maite Duran, Coordinator of restorative justice program Consejo, Canal Welcome Center, San Rafael Moderator: Jose Varela, Marin County Public Defender s Office Please make plans to join us for this important discussion. lawyermarketing.com Amy Phelps Senior Client Development Consultant GROW YOUR FIRM, NOT YOUR FRUSTRATION Call today to learn how FindLaw can help you get found by clients you are looking for SonomaValleyLegalMarketing.com 4

5 ANNUAL PRO BONO LUNCHEON Doing Good Work in our Community By Caroline Joachim From left: Kadhine Fitz-Patrick, Legal Aid of Marin Executive Director Paul Cohen & Board President Jonathan Gertler, and The Hon. Mark Talamantes The Annual Pro Bono Appreciation Luncheon took place on Wednesday, March 25 at McInnis Club Restaurant. The event honored volunteer attorneys and non-attorneys with special recognition given to recipients of the Wiley W. Manuel Award. The State Bar of California issues these awards to those individuals with 50 or more hours of pro bono service. The award is named in honor of Wiley W. Manuel, an associate justice of the Supreme Court of California from Judge Manuel was the first African American to serve on the high court. Paul Cohen, Executive Director of the Legal Aid of Marin announced this year s non-attorney Wiley W. Manuel 2014 honorees. Before handing out the awards, Paul remarked on the incredible work performed through all the honorees work enabling Legal Aid of Marin to assist so many individual and families in need of legal assistance. Legal Aid of Marin s total in-kind contribution, including attorneys, law students, legal assistants, technical and clerical volunteers, represents $1,869,529. This year s nonattorney honorees included Beth Brandes, Nicole Cabrera, Christina Fathi, Jenny Finden-Watson, Ridhi Goswami, Jessica Guest, Karen Karlow, Iris Kokish, Hoang Leclerc, Linda Patch, Maria Rodriguez, Roberta Schwarz, Vince Simpson, and Alex Taufer. The Honorable Faye D Opal presented this year s attorney Wiley W. Manual awards. Her opening remarks emphasized the positive community building that results from pro bono service. Many of the attorneys honored remarked that their most memorable legal work was through their pro bono experience. The 2014 honorees included Laura Haley, Shirley Hauchhausen, Charles Ostertag, James Poindexter, Michael Samuels, Colleen Shaw, Christina Sherman, Candice Shih, Kyle Smith, Sara Wilson, and The Honorable Beverly Wood. One of the highlights of the luncheon was hearing from two of this year s recipients Christina Sherman and Charles Ostertag. Ms. Sherman stated that she sees attorneys as a safety net for individuals in our community who are in need of legal assistance. She called for attorneys to perform one hour of pro bono service a month and, by doing so, lift someone out of crisis. Mr. Ostertag shared his experience of helping a client facing eviction. Not only was his client able to stay in his apartment but the client was able to continue running his non-profit organization helping those in need in his home country. Congratulations to all honorees for their volunteer service and for serving as positive role models in our community. GIVE THANKS TO THOSE WHO SUPPORT YOU! Administrative Professional s Day April 22, 2015 By Kristi Edwards, Legal Assistant What is the purpose of Administrative Professionals Day (formerly Secretaries Day)? How is it properly celebrated in this day of political correctness when men and women fill support staff positions with titles ranging from receptionist, filing clerk, legal assistant, paralegal, law office administrator (anything but legal secretary). The day and week (National Administrative Professional s Week 3rd week in April) was the brainchild of Harry F. Klemfuss who wanted to promote the value and importance of office work and to encourage women to become secretaries. It has been celebrated since 1952 to recognize the contributions of administrative and support staff. A brief surf on the internet reveals that you can purchase flowers, teddy bears, lunch, or a gift basket; send cards and poems; arrange a surprise visit from a magical clown, a limo trip, or ask your assistant to give up a Saturday for a surprise trip to the wine country or a horse ranch! Some support staff might be thrilled with one of these efforts, but often these simply seem to be the obligatory response to the gift expectation that can be diminishing, demeaning, or downright embarrassing. I believe that many support staff enjoy their positions: work hard to produce a good product, and want to be recognized for the contributions they make to their office. The best way to say thanks for their efforts is not to limit the acknowledgement to once a year. An honest thank you at the end of a long, stressful day means a lot. (Continued on page 12) 5

6 DIRECTOR SPOTLIGHT Romy Taubman 1. What is your practice area? I am a Certified Family Law Specialist. I practice with Greene Jordan Taubman & Dias LLP. Our firm is devoted to the practice of family law. 2. Do you have a particular emphasis? I litigate divorces and custody disputes, advise parties in mediation and am looking to expand my own mediation practice. Because I was a corporate attorney with Wilson Sonsini Goodrich & Rosati before I transitioned to family law, I especially enjoy working on dissolutions that involve complex business and corporate matters, particularly those in which the spouses operate a business together. 3. Why did you decide to become a lawyer? I thought I wanted to become a doctor. When I was 17, I nearly fainted in an operating room during an internship at a hospital. I realized I wasn't cut out to be a doctor and decided to follow in my mother's footsteps as a lawyer. 4. Why do you live in Marin? I grew up in Westwood in Los Angeles. When I was 13, my father moved to Marin. I fell in love with Marin and knew I wanted to live here. 5. What do you love to do when you re not busy practicing law? I love to exercise, particularly hiking, running and biking. My new passion is power yoga. My daughters and I go to Red Dragon together on the weekends. 6. Tell us about your family. I am married to a wonderful husband, Clay Greene, who is also my law partner. I have three daughters: Rachel (17), Sara (15) and Sophie (11). Being a mom is the highlight of my life and I am constantly learning about myself through my interactions with my daughters. 7. If you could pursue any other career besides law, what would it be and why? I would be a doctor, perhaps a family doctor. I enjoy getting to know people at an in-depth level and helping them through difficult situations and coming up with solutions. 8. Why did you join MCBA? Before moving to Marin in 2001, I Iived in Japan for three years. I was a member of, and very involved in the FWLA (the Foreign Women Lawyer's Association). When I moved to Marin, I immediately joined the MCBA and the MCWLA, as it is important for me to build relationships with and interact with other professionals in my community. 9. Why did you become a Director? As a member of the MCBA, I realized that I was enjoying the benefits of the organization, but that I was not giving back enough to the organization or doing enough outreach in our community. As a Director, I am getting to know leaders in our industry outside of family law, and working on ways to increase our membership within the legal and non-legal community. As a member of the Sponsorship subcommittee, I am enjoying the challenge of highlighting the benefits of becoming a sponsor of our organization. 10. If you had to pick a single highlight of your career, what would it be? I worked as a law clerk to Federal District Court Judge Mariana Pfaelzer for one year after graduating from law school. I worked on an interesting case involving whether the government had the right to seize a person's property on which the landowner was growing marijuana. Judge Pfaelzer chose to have that opinion published. Romy S. Taubman is a Certified Family Law Specialist. She graduated from UCLA Law School in 1993 and received her BA from Stanford in She is a partner with Greene Jordan Taubman & Dias, LLP, in San Rafael, a firm representing clients in family law matters. Real Estate Investment Management, Leasing and Brokerage BUILDING RELATIONSHIPS THROUGH INTEGRITY AND PERSONALIZED SERVICE BRE

7 Evolving Duty of Competence Requirements for E-Discovery By Jaime Dorenbaum When I first entered the professional world, I was issued a work cell phone and encouraged to use a different cell phone for personal communications. That s no longer the case. Now I have one cell phone for everything and, as a result, it basically serves as my lifeline. This phone gives me access to my work , Facebook, and up to the second sports scores. Having one phone is indeed convenient; however, like many technological advances, it presents new dilemmas and challenges. As a member of the millennial generation, I m used to facing these kinds of dilemmas and challenges. I know the feeling you get when your grandma requests to be your friend on Facebook and starts liking posts on your page. I also know what it s like when you have to reply to text messages from your coworkers containing both work and non-work related information. These changes forced me to learn the underlying technologies I use and to develop new personal policies while employing such technologies like adjusting my privacy settings on Facebook so grandma doesn t see what I did last weekend or locking my screen so that I don t accidentally butt-dial my boss from the bar. Little did I know that such ability to create and follow personal policies would be a required skill as a lawyer. This is particularly true in the discovery context where much of a client s discoverable information may be considered Electronically Stored Information ( ESI ) found on the client s servers, computers, and even employees cell phones. According to the State Bar s proposed ethics opinion (Proposed Formal Opinion Interim No ), lawyers who represent clients in litigation have an ethical duty in the handling of discovery of ESI to (1) acquire sufficient learning and skill before performance is required; (2) associate with or consult technical consultants or competent counsel; or (3) decline the client representation. This proposed opinion places an additional obligation to become proficient in the handling of ESI on today s litigators who must already have a working knowledge of important concepts such as preservation duties, spoliation and its remedies, keyword and concept searches, and document retention, storage and destruction policies. An attorney faced with a case involving such issues in the context of ESI must now have a higher level of technical knowledge and ability, depending on the e-discovery issues involved in a matter, in order to satisfy the attorney s ongoing duty of competence under Rule of the Rules of Professional Conduct of the State Bar of California. This obligation is ongoing and it is clear that a lawyer s duty of competence evolves alongside advancements in technology. This proposal also raises challenging implications for lawyers as the technological lines between professional and personal realms are increasingly disappearing. More and more, businesses are adopting Bring Your Own Device policies, also known as BYOD. Employees, such as myself, may only have one cell phone or one laptop for everything and a lawyer s failure to properly advise a client to preserve information stored on these devices could hurt the client in litigation, and expose the lawyer to discipline, even where the attorney may otherwise be highly experienced. This means that in order to help the client, the lawyer must understand not only what technologies the client uses, but also how the client uses these technologies. For example, do the client s employees communicate about work via texts? If so, would those texts be discoverable? Does the phone delete texts after a certain time period? To answer these questions and to satisfy the duty of competence, the attorney may need to associate or consult with an expert, including a non-lawyer technical expert such as an outside vendor. Such action, however, does not absolve the attorney s obligation to supervise the work of the expert, which is a non-delegable duty under rule 3-110, belonging to the attorney who must maintain overall responsibility for the work of the expert. The proposed Formal Opinion cautions that the attorney should remain regularly engaged in the expert s work, by educating everyone involved in the e-discovery workup about the legal issues in the case, the factual matters impacting discovery, including witnesses and key evidentiary issues, the obligations around discovery imposed by the law or by the court, and of any relevant risks associated with the e-discovery tasks at hand. (State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim No ). As a millennial, I ve had to apply these skills to my own use of technology. As lawyers, we have to apply these skills when representing our clients use of technology. Jaime Dorenbaum is an associate and litigation lawyer with Foley & Lardner LLP in San Francisco. Mr. Dorenbaum is a member of the firm s Business Litigation & Dispute Resolution and Government Enforcement, Compliance & White Collar Defense Practice Groups. 7

8 Creation of Special Needs Trusts in Family Court may be Coming of Age By M. Jeffrey Speno, Esq. Pursuant to California Family Code Section 3910, a parent has a duty to support an adult disabled child. The following is an abstract of an article concerning the retention of needs based government benefits by an unrepresented adult disabled child whose parents are involved in a Dissolution of Marriage action in Family Court. The complete article written by Stephen Dale, Esq., Christina McGonigle, Esq., M. Jeffrey Speno, Esq., may be accessed by clicking on the following link: In California, there are many essential services provided for persons with disabilities that can only be acquired by being eligible for public benefits, i.e., SSI and Medi-Cal. For instance, if the adult child has a developmental disability, the child will likely be eligible for Regional Center services, and many of the programs that are most beneficial, such as residential and attendant programs, are based on eligibility for Medi-Cal. For persons with psychiatric disorders, despite the expansion of coverage under the Affordable Care Act, if the adult child needs long-term hospitalization, eligibility for Medi-Cal may be essential. In many cases, retaining eligibility for public benefits is not only necessary for economic reasons but also for maintaining quality of life. Most of the government benefits are needs based meaning income sensitive. Should the adult disabled child be receiving some or all of the aforementioned benefits and, as a result of the effort of one of his or her parents' attorneys in the Family Court action, the adult child receives an additional financial award, the adult child will lose the government benefits due to the receipt of additional income. A Special Needs Trust could have changed the financial picture so that certain income/resources that would otherwise be "countable" in the determination of eligibility for Social Security or Medi-Cal is "non-countable". Failure to adhere to the published Program Organization Management System (POMS) guidelines will be fatal to the qualification of any Special Needs Trust under 42 U.S.C. 1396, and all of the corpus may become countable. Failure to set up such a trust may result in a claim of malpractice. Trusts have historically been within the purview of Probate Court. In the early 1990 s the Judicial Council, the Courts, and the Legislature recognized that other Courts were creating trusts. Family Court is one of the "other Courts. (See Family Code Section , Judicial Standards 5.30 and 7.10, and Marriage of Chandler (1997) 60 Cal. App. 4th 724, 70 Cal. Rptr. 2D 109; In re Marriage of Cooper (1985) 170 Cal. App. 3d 883, 216 Cal. Rptr. 611; Marriage of Drake (1997) 53 Cal. App. 4th 1139, 62 Cal. Rptr. 2d 466; Marriage of Lambe and Meehan (1995) 37 Cal. App. 4th 388, 44 Cal. Rptr. 641, 42 U.S.C 184 and POMS SI According to Gene Osofsky, Esq., the request to establish a Special Needs Trust in a Family Law matter are infrequent, and their creation by Family Court is a remedy very available to litigants in Family Court. Special Needs Trusts may lead to wholly new thinking in both disciplines, another example of unintended consequences. Special Needs Trusts may be used to supplement not "supplant" basic child support provided by SSI, Medi-Cal, regional agency support, and other government programs providing basic support. Thus the trust corpus may be used to enhance the beneficiary's lifestyle. Payments should be made by the Trustee to the vendor, not to the beneficiary. An understanding of how to combine these child support concepts can be extremely complex but is crucial to the establishment and maintenance of a valid Special Needs Trust. For more information, access the complete article here: Jeffrey Speno graduated from Boston College and Syracuse University College of Law and taught Business Law and Ethics at University of Delaware. Beginning in 1978, he served as Deputy Director of Legal Services of Greater Miami, Inc., a 30 attorney poverty law firm in Miami, including the additional benefit of Adjunct Professorship at University of Miami Law School supervising the Civil Practice Clinic, and in 1981 went into private practice in Miami, practicing mostly in the civil law area. Mr. Speno received a Master's Degree in Theology at USF in His law practice in California focuses on Family Law, Probate, and Dependency. He practices law from a wheelchair after undergoing brain surgery in Stephen W. Dale received his JD from Armstrong Law School and his LL.M. in Taxation from Golden Gate University. His law firm provides estate planning to clients by working cooperatively with the clients tax, financial and insurance professionals. Mr. Dale is a disability rights advocate and spends much of his time attending disability rights activities, including legislative hearings and serving on boards and committees of disability rights organizations. Christina McGonigle is an Elder Law Attorney and managing partner of McGonigle & Hunsaker, LLP, in Santa Ana, California. She is a volunteer Court Appointed Attorney for the Probate Panel of the Orange County Superior Court and Chair of the Board of Directors of the Orange County Bar Association Section on Elder Law. She is also a member of the National Academy of Elder Law Attorneys and the Probate Section of the Legislative Resolutions Committee. 8

9 Along with the SCBA Education Committee and the Civil Bench Bar Section, presents: Civil Pretrial Workshop An All-Day Seminar for Civil Trial Lawyers Part 1: Filing a Lawsuit Part 2: Responding to a Lawsuit Part 3: Written Discovery Part 4: Depositions Part 5: MSJ/MSA Part 6: Experts Part 7: Settlement Efforts Karin P. Beam Hon. Nancy Case Shaffer Hon. Elliot Lee Daum John F. DeMeo Hon. M. Lynn Duryee (Ret.) Patrick W. Emery Bonnie A. Freeman Kenneth D. Gack Robert L. Jackson Michael G. Miller Steven C. Mitchell Adrienne M. Moran Robert A. Murray Hon. Gary Nadler Julia J. Parranto Dawn M. Ross Gregory G. Tad S. Shapiro W. Barton Spaulding Weitzenberg Please sign me up for Civil Pretrial Workshop on Friday, April 17, 2015 Hon. Arthur A. Wick Date: Friday, April 17, 2015 Time: Check-In: 8:00 am ; Program: 9:00 am - 4:30 pm Place: The Glaser Center, 547 Mendocino Avenue, Santa Rosa, CA Cost: MCLE: $295--SCBA Members; $350--Public 5.5 Units General Participatory Credit** A continental breakfast served during check-in, lunch buffet with meat and vegetarian options, and wine reception will be provided. Any special dietary requests must be given to SCBA via phone ( ext. 17) or by April 3, Michelle V. Zyromski Name(s): Phone: Amount: Payment Method (circle one): Check/Visa/MasterCard/Discover Card #: Exp: CVV: Zip : REGISTER BY: PHONE: call x18 (credit card only) FAX: (credit card only) MAIL: Sonoma County Bar Association, 37 Old Courthouse Sq., Ste. 100, Santa Rosa, CA (check or credit card) WEB: go to program links are on the left side of the screen, OR scan the QR Code on this page with your mobile device to register. **This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of five and one half units of General Participatory Credit. The Sonoma County Bar Association provider #130 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. 9

10 (Praetzel, continued from page 3) In 1974, I was elected Bar President at age 48. The installation dinner was at Marin Country Club. The other officers included Ann Diamond as Vice President and Dick Breiner as Secretary. Most of the directors meetings were held at Dominican College and the Bar luncheons were held at the Elks Club and the old Edgewater Inn in Corte Madera. Frankly, I can t recall everything that happened forty years ago, but I do recall that the office of President was practically a full time job. There were some specific issues we had to deal with, one of which involved the attorney s work room. The County was continuously trying to take over that space and the incoming Bar President practically had to take an oath to see that it didn t happen and it didn t. The second matter involved the Legal Aid office. The County threatened to reduce its funding, and we helped convince the County otherwise. I had the privilege of hiring Jeanette Stewart as Secretary of the Bar Association. She was the first person I interviewed, and I hired her on the spot. Jeanette claimed I hired her so fast because I wanted to get out of the office pronto to go duck hunting. Jeanette turned out to be a gem. I was also on a panel that interviewed applicants for the new position of Probate Referee (later called Court Commissioner). The panel recommended Noel Martin; he was appointed and served many years. As Bar President I tried to have interesting programs for the Bar luncheons, and they were well attended. Our speakers included the local head of the FBI, California Supreme Court Justice Stanley Mosk, and the inventor of the lie detector. One program was a spirited debate among those running for district attorney against Bruce Bales. We also had a special lunch honoring Judge Carl Freitas, attended by both the Bar and Judge Freitas s many friends. Ann Diamond was helpful as Vice President, and the next year Ann became MCBA s first woman President. REMEMBRANCE OF THINGS PAST The Judges When I first started practice on the Superior Court, the Judges were Tom Keating and Jordan Martinelli. Charles Brusatori and Richard Sims were the Municipal Court Judges. There was also a Justice of the Peace in Pt. Reyes and, as I recall, there were Justices of the Peace in Novato (JP Faulkner) and San Anselmo (JP Crisp). Aside from the former, other Judges that I appeared before included Carl Freitas, Joe Wilson, Warren McGuire, Gary Thomas, Dave Menary, Bev Savitt, Peter Allen Smith, Henry Broderick, Harold Haley, Dick Breiner, Bob Smallman, and Commissioners Noel Martin and Mary Grove. Although I sometimes disagreed with some of their decisions, Marin County always had an exceptional Bench and it was a pleasure to practice before them. The Judges and 10 The Marin Lawyer Commissioners were all dedicated, conscientious, considerate and hard working, which I cannot say for some of the Judges that I appeared before in some other Counties. There were also some interesting elections for judgeships. Shortly before I started to practice, in a highly contested election, former State Senator Tom Keating defeated long time District Attorney Al Bagshaw, who, after the election, resigned from the MCBA because it had supported Keating. In another race, Municipal Judge Charles Brusatori defeated incumbent Superior Court Judge Carlos Freitas. Some years later Superior Court Judge Sam Gardiner was ousted by Charles Best, who in turn was defeated in the next election by Peter Allen Smith. THEN AND NOW: THE GOOD THE BAD AND THE UGLY Some Interesting Occurrences A well known Marin attorney was sent to Federal Prison as a serial bank robber. A loud scene and yelling in the old courthouse bathroom when a prominent divorce attorney was trying to collect a fee by pulling a ring off her client s finger. A sixty-year-old client of mine brought his much younger girlfriend to my office, asking me to prepare a will and making sure his young girlfriend knew that he was (Continued on page 11) Drunk Driving and DMV Matters Paul Burglin BURGLIN LAW OFFICES, P.C 999 Fifth Avenue, Suite 350 San Rafael, CA (415) (415) (fax) Author: Calif. Drunk Driving Law A-V Rated - Martindale Hubbell TM Board Certified in DUI Defense

11 (Praetzel, continued from page 10) leaving the bulk of his fortune to her. He came in ten years later with another young girl and made a similar will and came in again with yet a much younger girl. When he died, and his latest girlfriend came in to collect her fortune, we found out that all he ever had was a small pension and his girlfriend fainted on the spot. On a call I made to the IRS on an estate tax issue, the agent asks, Are you the decedent? A hidden microphone (bug) found in the attorney s interview room at the jail in the old courthouse. A Sonoma attorney who gave my female associate a very rough time at a deposition was later disbarred when it was discovered he had a mirror on his shoe any time he had a lady sitting in front of him at a desk in his office. And then there was Judge Sims famous wink. I had a criminal case before Judge Sims, and after my client testified, the Judge looked at me and winked. I thought an acquittal was in the bag, and was surprised when the Judge found my client guilty. I later found out that the wink was an uncontrollable tic. A Mafia member that I had done some legal work for turned out to be an FBI informant and was later machinegunned to death while making a call in a phone booth. George Hall, the County Assessor in the 1950 s, placed a TV in the hall of the old courthouse and turned on the World Series. Soon half of the courthouse staff would be watching the game. Things, including law practices, were more relaxed in those days. Wally Myers was representing a well-known California Supreme Court Justice in a dispute with Marin County over a dam located on the Justice s San Anselmo residence. The County felt the dam was a hazard and wanted to remove it. I was at the Justice s house with Wally when several Marin County officials arrived and were about to come onto the property. The irate Justice picked up a loaded rifle and threatened to shoot any of them who trespassed. Fortunately, none of them did. SOME OF THE MANY CHANGES SINCE I STARTED PRACTICE Hi-Tech: Most dictation was to your secretary who took shorthand. There was also dictation that went onto a wax cylinder that was shaved after each use. Dictaphones then took over. There was some sort of copier, which I recall had about 20 light bulbs in it. Then came 3M with a hit and miss copier and then an excellent Xerox. In the 1970 s there were two word processors available: NBI and Wang. I purchased one from NBI for about $17,000. I thought it was so good I bought some stock in the company. Things were moving so fast that within a few years my NBI was obsolete and stock in NBI (as well as Wang) was worthless. The Marin Lawyer I then bought an IBM computer. Dress Code: For many years you didn t dare appear in court without a suit. Some of the judges even frowned at a sport coat and tie. In one San Rafael office it was mandatory to wear a hat. The Public s Opinion of Lawyers: When I first started to practice, clients came through referrals from accountants, bankers, friends, and other lawyers but mainly from other satisfied clients. You could not advertise. At that time attorneys were held in high esteem. Lawyers do not have that respect today, as you can tell from looking on the Internet. I believe the change in the public s opinion of lawyers came in large part from the 1977 ruling allowing lawyers to advertise. It is demeaning and, in the opinion of many, puts lawyers in the same category as used car salesmen. Furthermore, lawyers now rank lowest among the professions for contributions to society. In the past, virtually all lawyers did a lot of pro bono work such as serving on boards of charitable organizations, schools, etc. or taking on pro-bono cases, all of which created more respect for lawyers. I don t see much of that now, and I wish lawyers would do more pro-bono work. What a Little Pro-Bono Can Do: One of the most interesting cases and certainly the most rewarding in all my years of practice came through my participation as one of the attorneys handling two six-year pro bono lawsuits against the County of Marin, Gulf Oil and others. I, Marty Rosen, and Doug Ferguson, became involved after Dick Breiner and the late Bob Conn were forced out of these cases by the County. The end result was the appellate court reversed a judgment that had upheld the rezoning of land by the County. Had this not occurred and the rezoning had been upheld, there would have been a new city built in Marin called Marincello, with a population near 25,000. The 2,300 acre property in question ended up being preserved and eventually became a part of the Golden Gate National Recreation Area. The lawsuits are included in the 2013 documentary film Rebels with a Cause, which is being shown not only in California, but throughout the U.S. and around the world. This year it will be shown nationally on Earth Day. It is generating a lot of goodwill for attorneys. It is unfortunate that there are virtually no records of early Bar activity. I commend Randy Wallace for changing that and for inviting me to add something to the Bar s history. Bob Praetzel President MCBA

12 (Administration Personnel Day, continued from page 5) Another way, treat your staff like the career professionals they are and encourage their desire to learn and grow in their field. Consider paying their dues in the Marin County Legal Professionals Association where they can take advantage of monthly dinner meetings with informative speakers, attend workshops and educational seminars where they can earn the CLE credits they need, and network with other professionals. Due are $45 and will last a whole year much longer than flowers! And now your staff can also join the Marin County Bar Association at the non-attorney rate and share in the benefits of membership with you another excellent way to recognize your administrative assistants for supporting you! Kristi L. Edwards, CCLS has been a legal secretary for over 20 years. She is legal assistant and office manager for Burroughs and Froneberger in San Rafael, a transactional and estate law firm specializing in probate litigation and conservatorships. Currently serving as MCLPA president, she is an honorary member and has held all offices of Marin County Legal Professionals Association, along with many chair positions. She also serves LSI as Probate Section Leader and is a new member of MCBA in the non-attorney category. PROGRAM AMBASSADOR SPONSORS SILVER SPONSORS NEW MEMBERS A special welcome to new members from the Marin County Counsel s Office 3501 Civic Center Dr. Rm 275 San Rafael, CA Valorie Boughey Jenna Brady Brian Charles Case Mary Ann Rivers Jessica Mill Sutherland David Zaltsman Kevin M. Baldwin 42 Bret Ave. San Rafael, CA BRONZE SPONSORS Bank of Marin Brekhus Law Partners Williams & Gumbiner, LLP Strick Law Offices Law & Mediation Offices of J. Randolph Wallace Foley & Lardner LLP Tyler Cassacia 1360 Jones St, Apt 101 San Francisco, CA Michael Chaput 755 Baywood Dr., 2nd Floor Petaluma, CA (Continued on page 13)

13 (New Members, continued from page 12) Johanna Kecskes Bancroft & McAlister LLP 80 E. Sir Francis Drake Blvd, Ste 2G Larkspur, CA Spencer Martinez 6 Whittier Court Mill Valley, CA K. Keith McAllister P.O. Box 864 Tiburon, CA Lynn McCabe 775 E. Blithedale Ave. Ste 193 Mill Valley, CA Brooke Purcell Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA Glenda Carvalho Sell Simborg Killingsworth 770 Tamalpais Dr, Ste 321 Corte Madera, CA CALENDAR DETAILS Thu, April 9: 12-1:30 pm Real Property Section Meeting What Every Real Estate Lawyer Must Know About Crowdfunding" Speaker: Jeffrey H. Lerman, Esq Location: Piatti s, Mill Valley Cost: $35, section member / $45/non-members 1 CLE Tues, April 14: 12-1:30 pm Labor & Employment Section Brown Bag Lunch Meeting Employee Mobility and Trade Secrets Speakers: Christian Martinez (Red Bridge Law) and Russell Jackman (Calmputer Consulting Services) Location: Ragghianti Freitas LLP, 1101 Fifth Avenue, Suite 100, San Rafael Cost: $10, section members /$20 non-members 1 hr. CLE Wed, April 15: 12-1:30 pm ADR Section Meeting Speaker: Barri Bonapart McInnis Park Golf Clubhouse $30, section members/ $40 non-members Wed, April 15: 12:00-1:30 p.m. Probate & Estate Planning Section Meeting The Intersection of Financial Planning and Estate Planning Part II Michael H. Zaidlin Corte Madera Town Center Community Room, 770 Tamalpais Drive, Suite 201, Corte Madera Brown bag, free 1 hour CLE Contacts: (Continued on page 14) 13

14 (Details, continued from page 13) Thursday, April 16: 12-1:30 pm Construction Law Section Meeting Mechanic s Lien A Refresher Speakers: Mark Rice, Esq. Ragghianti Freitas, LLP 1101 Fifth Avenue, Suite 100 Brown-Bag, No Fee 1 CLE Tue, April 21: 12-1:30 pm Probate & Estate Planning Section Mentor Meeting Lerman Law Building, San Rafael or MCBA Member Meeting Wed, April 22: 12-1:30 pm 2015 The State of the Court Speaker: Kim Turner, Marin County Court Executive Officer San Rafael Joe s $45, MCBA members / $50, non-members 1 CLE Tue, April 28: 12-1:15 pm Diversity Section meeting Marin Civic Center, Rm 129 (DA conference room) Cost: None Brown Bag Lunch Wed, May 6: 12-1:30 pm Real Property Section Meeting Closing a Real Estate Dispute at Mediation Speakers: Bruce Wold, Gary Ragghianti & Steven Rosenberg Location: Piatti s, Mill Valley Cost: $35, section members / $45, non-members 1 CLE Tues, May 12: 12-1:30 pm Labor & Employment Section Brown Bag Lunch Meeting Appellate Issues Speaker: Paul Killion (Duane Morris, LLP) Location: Ragghianti Freitas LLP, San Rafael Cost: $10, section members / $20 non-members 1 CLE Wed, May 13: 12 1:00 pm Probate & Estate Planning Section Meeting Meeting with the Marin County Probate Court The Honorable Mark A. Talamantes and Court Staff Marin County Superior Court, Department L, 3501 Civic Center Drive, San Rafael Free 1 hour CLE Tue, May 19: 12 1:30. Probate & Estate Planning Section Mentor Meeting Lerman Law Building, 802 B Street, San Rafael Brown bag, free or Thursday, May 21: 12-1:30 pm Construction Law Section Meeting Insurance for Contractors: Watch out for these Policies and Issues Speaker: George Eisenberg Ragghianti Freitas, LLP, San Rafael Brown-Bag, No Fee 1 CLE SAVE THE DATE: MAY MEMBERS MEETING Wed, May 27: 12-1:30 pm Social Justice: From Problems to Solutions Fenix, San Rafael $40, Members / $45, Non-members 1 CLE for Elimination of Bias 14

15 David Hellman Marin Bar ad 2008 THE MARKETPLACE Fee to advertise in Marketplace: $40/month for up to 25 words, each additional word at $1/word. Please your text ad to Make payment to MCBA, 101 Lucas Valley Rd., San Rafael CA Deadline: 15th of each month. 175 SF WINDOW OFFICE in a new class a professional suite ½ mile from Civic Center. Asking $1,250/ mo. With all amenities. Available 5/1. Contact Judy: x 21. 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) SUBLEASE PRIVATE OFFICE, GREAT MT. TAM VIEW, Larkspur Landing, includes shared conference room. Congenial group, professional, good parking. Furnished/unfurnished. $975. Additional space negotiable. Call Dave SAN RAFAEL OFFICE: Office in Downtown San Rafael with receptionist, conference room, etc.; call Perfect for young lawyer seeking OVER- FLOW work in real estate, estate planning, and family law. PRIVATE WINDOW OFFICE + WORKSTATION in attractively designed suite located next to Civic Center. Shared amenities in law firm with friendly, professional atmosphere. Rent negotiable. Please contact Caroline (415) The Bay Area s Premier Reporting Service Capturing your words with caring hands Complimentary Conference Rooms Document Depository Livenote/E-Transcript Videoconferencing 117 Paul Drive, Suite A San Rafael, CA Fax Deadline for submission of articles, ads, inserts, and announcements is the 15th of each month. The Marin County Bar A s s o c i a t i o n 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. Marin County Bar Association 101 Lucas Valley Road, Suite 326, San Rafael, CA Published by The Marin County Bar Association 2015 MCBA Officers Randy Wallace President Lawrence A. Strick President Elect Jessica Stuart Pliner Secretary Dorothy Chou Proudfoot Treasurer Elizabeth Brekhus Past President Gary Ragghianti 5 Year Past President Board of Directors Thomas Brown Patricia Conway Jasmine Davaloo Philip Diamond Rodrigo Dias The Hon. Michael Dufficy, Ret. Louis Franecke Beverly Green Joel Gumbiner Caroline Joachim Shelley A. Kramer Dotty LeMieux Patricia Medina James Sell Romy Taubman Executive Director: Mee Mee Wong Communications Manager: Kathleen Gaines Marin Lawyer Editor: Caroline Joachim Guest Editor: Tom Brown Production & Advertising: Pat Stone, Express Printing 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. 15

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