February 2010 Volume 41, Issue 2. The Marin Lawyer. An Official Publication of the Marin County Bar Association

Transcription

1 February 2010 Volume 41, Issue 2 The Marin Lawyer An Official Publication of the Marin County Bar Association GENERAL MEMBERSHIP MEETING ATTORNEY FOR THREE GUANTANAMO BAY DETAINEES TO SPEAK AT GENERAL MEMBERSHIP MEETING Andy Moss, a member of a small team of lawyers representing three men imprisoned at the U.S. Naval Station in Guantanamo Bay, Cuba will address the Marin County Bar Association at its monthly membership meeting at noon on Wednesday, February 24, 2010, at San Rafael Joes, 931 Fourth Street, San Rafael. This is your chance to hear from an attorney who is actively litigating petitions for three Guantanamo Bay detainees from Tajikistan, Syria and Palestine. The issue of the Guantanamo Bay detainees is front and center in today s headlines, and goes to the heart of America s legal system and democratic values. This promises to be a very interesting and informative talk. Don t miss it! Andy Moss is an attorney with Reed Smith in Chicago. Andy lived in Marin County before attending college at Tufts University, and law school at DePaul University College of Law, where he received his J.D. with honors, Order of the Coif. Andy clerked for Circuit Judge Ilana Diamond Rovner, U.S. Court of Appeals for the Seventh Circuit, before joining Reed Smith. Please register for this exciting program by completing the reservation form on page 2. Calendar of Events February 24, 2010 General Membership Meeting 12-1:30 pm February 16, 2010 Family Law Section Meeting 12 1:30 pm February 17, 2010 ADR Section Meeting 12 1:30 pm Probate & Estate Section Meeting 12-1:30 pm February 22, 2010 Probate & Trusts Mentor Group 12-1:30 pm February 25, 2010 Real Property Section Meeting 12:00 2:00 pm Look for details each month in The Marin Lawyer In This Issue President s Message... 2 Spotlight on Randy Wallace... 3 Court News... 4 Online Register of Actions... 5 Going Green... 6 Governor Signs State Bar Fee Bill... 6 Marin County Youth Court... 7 Marin County Jury Verdicts... 8 Judge Michael Dufficy Retires... 9 Capitalization Rate Calendar Details New Members/Change of Scene Marketplace Otis Bruce, Jr. was Guest Editor of this issue of The Marin Lawyer. Kate Rockas is Series Editor for The Confrontation Clause and Out of Court Statements Not Offered for the Truth of the Matter Asserted. By Charlie D. Dresow* The right to confront one s accuser dates back to at least Roman law. The Roman Governor Festus, discussing the proper treatment of his prisoner, Paul, stated: It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face to face, and has been given a chance to defend himself against the charges. Acts 25:16. (Coy v. Iowa (1988) 487 U.S. 1012, ). Confrontation is the key to a fair (Continued on page 11.) 1

2 2 PRESIDENT S MESSAGE WHY GET INVOLVED WITH MCBA? By Beth S. Jordan Strive not to be a success, but rather to be of value. Albert Einstein The Marin Lawyer While recently attending a law-related function, I was taken aback when a colleague asked me: Why should one participate in the Bar Association? What do you get out of it? Having been involved with MCBA as a Director for five years now four of them as an officer - as well as having served for three years as Co-Chair of the MCBA Family Law Section, I was truly surprised. I thought the benefits of being involved with MCBA were obvious; apparently they re not. So I gave this some concerted thought and came up with the following. There s the fellowship. I get to be part of a community of, and interact with, talented, interesting and creative lawyers in Marin County. Through my service on the MCBA Board, my Section membership, and attendance at MCBA general membership meetings and other MCBA functions, I have worked side by side with, socialized with, and gotten to know a number of such lawyers, in my own practice area, as well as in others. And I am confident that, but for my involvement with MCBA, I wouldn t have met many of the attorneys practicing outside the area of family law. When I walk down the halls of the courthouse, I greet and am greeted by those same attorneys. It s nice to feel like I belong. When I first moved my practice from San Francisco to Marin County in 2000 and changed my practice area to family law, I didn t feel that way; I definitely felt like an out-of-towner. As a result of having met such a wide variety of attorneys, I ve also gotten to hear opinions and ideas that I wouldn t have otherwise heard. Having heard different perspectives makes me a better attorney, and a better person. In addition, I now have a host of specialists in various practice areas to whom I can refer clients when they need services that are beyond my expertise. And this works both ways; I also regularly receive referrals from other MCBA attorneys who are familiar with me and my practice. I have a pool of colleagues that I routinely call to gather information and advice regarding opposing counsel, experts, potential clients, judges, and legal issues. Getting to know other attorneys also helps keep us civil: it s much harder to be a jerk when litigating against someone with whom you ve had lunch, or that you know you ll be litigating against again and again. I ve also gotten to know and appreciate our judicial officers in a different way. MCBA has been graced with the willing and outstanding participation of the Marin County judges and commissioners in a whole spectrum of Bar-sponsored activities. They, too, are busy and dedicated professionals who give of themselves and their time. In fact, a number of our judges formerly served as MCBA Presidents: Hon. Verna Adams; Hon. Michael Dufficy; Hon. Lynn Duryee; Hon. Richard Breiner (Ret.); Hon. Beverly Savitt (Ret.); and Hon. Peter Allen Smith (Ret.). Aside from amassing great human resources and comraderie, perhaps most important, there s that feeling of satisfaction that one gets from being of service from giving of oneself. I think we all have the desire, not only to be useful and productive, but to give back in some way; to feel we ve done some good. Along the way, we ve all had help and encouragement from others in the profession, whether it s in the form of a mentor, referral of that gem of a case or client, or some other unexpected opportunity that became a reality because of someone else. Participating in MCBA, whether it s assuming a leadership position as an officer and/or director, or a committee or section chair, is a significant way to give back. But even if one doesn t want to assume a leadership position, MCBA provides innumerable other opportunities for attorneys to give back. Serving on any of MCBA s standing committees is a meaningful (Continued on page 9.) RESERVATION FORM General Membership Meeting Speaker: Andrew Moss Please make reservations for me at San Rafael Joe s at 931 4th Street, San Rafael on Wednesday February 24, 2010, from 12-1:30 pm. Please choose one: Roast Sirloin of Beef Chicken Caesar Salad Cannelloni Ala Romana Name(s) or Firm Name: Phone: Enclosed check for ($27 members and $37 non members. Walk in $5 more) Visa Mastercard 3 digit code Exp Address Zip Please, we must have RSVP s by Feb. 19, 2010 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 MEET YOUR DIRECTORS SPOTLIGHT ON RANDY WALLACE Among the new attorneys selected to the MCBA Board of Directors is Randy Wallace. Randy is a solo practitioner, mediator, referee, and special master. His office is located at 1000 Fourth Street Suite 580 San Rafael, CA Phone: (415) Fax: (415) jrw@jrwallacelaw.com. Website (coming soon): The Marin Lawyer: What is your practice area? Randy Wallace: In thirty two years of practicing law I have had a cornucopia of practice areas. For the past fifteen years those areas involved being a lawyer, mediator, referee and special master in construction defects and contractor/owner disputes, representing fiduciaries and family members in trust estate and elder abuse matters, and in real property claims running the gambit from landslides, water diversion issues, disputes with neighbors, boundary line issues, easements, noise, barking dogs, nuisance, fences, driveways and trees, representing sellers, buyers, real estate professionals, termite and property inspectors in the purchase and sale of homes, and plaintiff s personal injury cases. The Marin Lawyer: Do you have a particular emphasis? Randy Wallace: Several of my former partners at Ragghianti Freitas told me that my emphasis was what they called Randy cases. Any case with difficult facts, difficult lawyers, difficult clients and chaos that required order and uber-organization. When any of them said that, it was accompanied by a grin. I guarantee several of them are smiling right now as they read this statement. The Marin Lawyer: Why did you decide to become a lawyer? Randy Wallace: Leo Miller was a court report in San Francisco and a friend of my parents. He reported for a number of Marin County judges, Joe Wilson in particular. Leo eventually formed Miller and Leedy, a court reporting service. Leo used to tell me stories about what went on in the courtroom with the judges and famous lawyers in the 1950 s and 1960 s. I was mesmerized; asking him question after question after question until my parents usually had to get me to stop. Then there were the lawyer shows. My favorite was the short lived series called The Defenders staring E.G. Marshall and Robert Reed. It was a father and son partnership that took on the legal issues of the time. Unlike Perry Mason, they actually lost cases. I can still see the courthouse in the opening credits and hear the trumpet solo song. They fought the hard fight when told they could not do something. At a young age saying you could not do something resonated with me was a pretty tumultuous year. I turned 18 and was a freshman at U.C. Berkeley. The events during those years shaped me and pointed me in the direction of law. I always loved a good argument. I had a comfort level standing up in front of people and speaking. I had a good skill set that lent itself to being a lawyer such as finding solutions for people s problems. And, in my own corny and idealistic way, I thought being a lawyer was a noble calling. It meant something to me and it still does. The Marin Lawyer: Why do you live in Marin County? Randy Wallace: Living in Marin was an easy choice. My parents built their house on Vista Grande in Greenbrae in July I was born two months later. I went to Greenbrae Elementary School, Kent Junior High School and then Redwood High School. Marin is and always was my home. Since 1977 I have lived in the Gerstle Park District of San Rafael, about a mile as the crow flies from my childhood home. The Marin Lawyer: What do you love to do when you re not busy practicing law? Randy Wallace: I ride my mountain bike in the Marin Open Space-Marin Headlands- Mount Tam-MMWD watershed or anywhere else there is a good ride so long as it s up hill. You might see me on the mound at Albert Park on my Giant s Baseball team in the West Coast Fantasy Baseball (Continued on page 12.) One call gets them out of any jail in the USA ALDRIDGE BAIL BONDS JOSEPH ALDRIDGE BA # ASHLEY ROBLES BA # (415) ATTENTION MARIN LAWYERS 8% for all attorney referred bail No annual renewal fee on bail bonds Aldridge Bail Bonds is a family run business serving Marin and the North Bay. As someone who spent his formative years attending both grammar school and high school in Marin, I am committed to providing you with the most professional and helpful service possible. Joe Aldridge 3

4 COURT NEWS Judicial Workload Reassignments With the impending retirements of Judges Dufficy and Sutro, the Court has authorized an interim judicial assignment plan to address judicial vacancies until new judges are appointed or elected to the vacant seats. We are pleased to announce that Retired Judge Lynn O Malley Taylor will be sitting on assignment in Marin for the foreseeable future. She will preside over criminal and civil trials and assist with settlement conferences. Please note that the Court will reduce the number of civil departments from three to two, but will pilot a new settlement department for civil, family law and probate cases. The number of vertical felony panels will remain at four. Some of the collaborative justice court assignments will also change. Effective March 1, 2010, judicial assignments will be as follows. Dept. Judicial Officer Assignment A Goldfine Juvenile Dependency Juvenile Delinquency Juvenile Drug Court Conservatorships Guardianships Restraining Orders B Vacant C Boren Felonies D Sweet Felonies Prop. 36 Appellate Panel E Ritchie Assistant Presiding Judge Supervising Civil Judge Civil Juror FTA Calendar Appellate Panel F Haakenson Supervising Criminal Judge Presiding Judge Appellate Division Felonies G Simmons Felonies Motions on Wednesdays Appellate Panel (Alternate) H Taylor (Retired) Criminal and Civil Trials Settlement Conferences J Adams Civil K D Opal Supervising FL Judge Family Law Probate Estates and Trusts Family Violence Court 4 L Duryee Presiding Judge of Juvenile Court Misd. Master Calendar Mondays Department M Wed p.m. Settlements T, W, Th a.m. Civil/Probate T, Th p.m. Family Law Fri. follow-up STLCs M Wood Misdemeanors and Felonies Misc. misd. settlements - Wed a.m. Family Law Settlements Wed p.m. N Chernus/Hochman Traffic Small Claims Adult Drug Court Riese Hearings O Heubach Family Law STAR Court P Chernus/Hochman Misdemeanor Jury Trials DCSS Please note that this assignment system is subject to change as judicial appointments or other workload adjustments are made. Providing Complete ADR Services! JUDGE MICHAEL J. BERGER* PATRICK M.BRODERICK JUDGE RICHARD H. BREINER* CLAYTON E. CLEMENT HON. JEANNE MARTIN BUCKLEY* W. GREGORY ENGEL JUDGE VICTOR M. CAMPILONGO* HOWARD M. GARFIELD JUDGE JOHN J. GALLAGHER * PERRY D. LITCHFIELD JUDGE ISABELLA H. GRANT* GARY T. RAGGHIANTI JUDGE RON GREENBERG * PAMELA M. SAYAD JUDGE INA LEVIN GYEMANT* MICHAEL D. SENNEFF JUDGE HADDEN ROTH* SUSAN E. SPAR JUDGE VERNON F. SMITH* MATTHEW N. WHITE W. BRUCE WOLD Validated Parking Famous RESREM Lunches Look for us on the Web- *Retired Diane Levinson-Fass, President Diane Story, Vice President for more information call: (800)

5 Marin County SUperior Court ANNOUNCES ONLINE REGISTER OF ACTIONS The Marin Lawyer To make it easier for the general public and attorneys to gain access to information about some court cases, the Marin County Superior Court will soon provide registers of action (also sometimes called court dockets) on-line for civil and probate cases. This new feature will be available on the court s website at This innovation marks the latest in a series of technology enhancements to improve access to public court records for parties and attorneys and to provide reliable alternatives to coming to the courthouse to seek information. Presiding Judge Terrence R. Boren highlighted the benefits of this welcome addition to the court s website. He stated, In this time of diminishing resources and staffing levels, the addition of a web-based register of actions for non-confidential cases will relieve pressure on staff to provide this information in person and will reduce public frustration caused by waiting in line for information that should be readily available electronically. Former Presiding Judge Verna A. Adams added, Before I became a judge, this kind of solution would have saved me countless trips to the courthouse just to find out the status of my cases. I am sure litigants and our local attorneys will appreciate this innovation. Most civil and probate cases are open and available to the public and will be included at the website. Juvenile cases and some probate case-types are confidential under California law, so they will not be available on-line. California Rules of Court also prohibit the Court from making available family law, conservatorship, guardianship and civil harassment cases on-line. Likewise, any cases that have been sealed by a judge will not be available. Criminal and traffic case dockets are not part of this new functionality, as these cases are managed in a legacy computer system that make the dockets difficult to access in a web-based application. LEGAL The public should also note that these registers of action are not the official court record. To get certified VIDEOS, LLC copies of registers of action, a trip to the courthouse or arrangements to prepay and receive documents by mail will Serving Marin and Sonoma 4340 Redwood Counties since Highway 1988F # Redwood Highway San Rafael, F #150 CA still be required. The on-line information can be viewed and San Rafael, CA printed, but should not be confused with official records, obtained from court staff. info@legalvideos.com info@legalvideos.com Court Executive Officer Kim Turner noted, The brick and mortar mentality of the court is changing with the times. Toll free Toll free We want our information to be readily accessible Fax to all who Fax are entitled to view it. We also take our responsibility seriously as custodians of the court record, so we will refreshments enforce when using Complimentary our services. Depositions Suites with Complimentary Depositions Suites with Deposition Suites also refreshments available for when rent. using our services. Deposition Suites also available for rent. strict public access requirements as we go forward. We hope everyone will find the new register of actions a helpful tool to answer questions and avoid unnecessary trips to the courthouse. Our philosophy is to encourage the public to be on-line, not in line. The on-line register of actions will go live in February or early March. For additional information, contact Kim Turner, Court Executive Officer at (415) Save the Dates March 5th Retirement Luncheon For Judge Michael Dufficy 12-2 pm Four Points Sheraton, San Rafael March 24th MCBA & LAM Pro Bono Appreciation Lunch 12-1:30 pm Rickey s Restaurant, Novato LEGAL VIDEOS, LLC Depositions Trial Preparation Trial Software Training Trial Presentations Depositions Trial Preparation Courtroom Set-up Trial Software Mock Training Trials Trial Presentations In House Synchronization Courtroom Set-up Duplication & Editing Mock Trials In House Synchronization Day-in-the-Life Serving Marin and Sonoma Counties since 1988 Duplication & Court Editing Reporters Day-in-the-Life Free Wireless Internet Court Reporters Video Teleconferencing Free Wireless Internet Video Teleconferencing 5

6 GOING GREEN By Kate Rockas, MCBA Director Most of us want to be responsible. We want to ensure that our planet continues to have clean air to breathe, clean water to drink, and an abundance of wildlife and trees. However, many of us think that it is hard to go green, especially at the office. One area where you can make a significant impact is with your consumption of paper. The average American office worker throws away about 150 pounds of paper every year. Some suggestions for using less paper: buy recycled paper, print on both sides of paper, and re-use paper that is only printed one side as scratch paper. Reduce the number of times you print documents by doing your proofreading and editing on the computer. Read your legal research on the computer rather than printing it out. Another easy way to make a difference in your office is by changing the light bulbs. Incandescent bulbs use four times more energy than is necessary to produce light and halogen lights can get as hot as 1,100 degrees Fahrenheit. The alternative is to use Energy Star certified compact fluorescent bulbs. These lights use 75% less energy to produce the same amount of light, last 10 times longer, and produce less heat than incandescent and halogen bulbs. Turn lights off when they aren t needed and consider motion sensors that will automatically turn off the lights when everyone has left the room. 25% of the electricity used in commercial buildings in the United States is consumed by office buildings. When buying new office equipment, Energy Star certified machines can significantly reduce your energy consumption. For example, an Energy Star certified computer is 52% more efficient that a standard one. Energy Star certified equipment often have stand by options and will power off or go into sleep mode when not in use. And, at the end of the day, make sure that all of the equipment is turned off. It really is easy to incorporate these green practices in our offices. Take baby steps if necessary and start small. GOVERNOR SIGNS STATE BAR FEE BILL On January 25, 2010, Governor Schwarzenegger signed the 2010 State Bar fee bill. Fee statements for the $410 yearly fees for active members will be sent out immediately with a due date of March 1. Inactive members pay $125. We are grateful to the governor for signing the State Bar 2010 fee bill. He has helped us to focus on issues and matters that are important to the State Bar, said State Bar President Howard Miller. We also want to thank the legislative leadership that has been so supportive and forthcoming. This entire period has strengthened the State Bar and given us important missions and goals that we now can actively achieve. Schwarzenegger vetoed the fee bill in October, citing as one reason a leak that one of his judicial nominees, former State Sen. Chuck Poochigian, was rated not qualified by the Committee on Judicial Nominees Evaluation (JNE). (Poochigan was later confirmed as an appellate court judge.) Miller created a task force to investigate the leak. The task force, led by William Gailey, a Schwarzenegger appointee to the State Bar board and head of a private investigation firm, issued a report last month saying that despite an extensive investigation, it could not identify who leaked the information. Schwarzenegger also had criticized the bar for a state audit that found inefficiencies and the embezzlement of $675,000 by a former employee. To deal with these issues, the State Bar for the first time hired a special audit firm to report directly to its Audit Committee, chaired by public board member and Inspector General of California, Laura Chick. 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 Blithdale Avenue, #363, Mill Valley, CA RosenbergMediation.com 415/

7 Marin County Youth Court - Keeping Young People Out of the Juvenile Court System By Don Carney* The YMCA s Marin County Youth Court program helps keep youth ages 10 to 17 out of the juvenile justice system. It is an early intervention for misdemeanor offenders and is designed to give youth who have broken the law and admitted their guilt a second chance. The Youth Court philosophy is based on restorative justice and deploys the best practices of youth development, civic engagement and service learning. Across the nation Youth Courts are proving effective in significantly reducing juvenile recidivism. Research shows that teens completing sentences handed down by their peers feel more connected to the community and are far less likely to become repeat offenders. Nationally, Youth Courts are the fastest growing diversion programs in the history of juvenile justice. They provide exceptionally positive outcomes, are highly cost effective and enjoy strong community support. The Marin County Youth Court began in 2004 with four cases. In 2008, we held 176 hearings and in 2009 we adjudicated 191 cases. In our six years of operation the program has provided services to 450 families and in the past two years Youth Court referrals have grown by an astonishing 376%. Alcohol and drug offenses represent 90% of the cases adjudicated in Youth Court and the Decisions Under the Influence (DUI) Alcohol and Drug Safety Training Prevention Program has experienced considerable success in supporting youth and their families when early intervention is necessary. The Youth Court program is mandatory for first time offenders; teens and a parent/guardian are required to attend a five-hour Saturday workshop. At the training, parents are educated on the dangers of minimizing or enabling underage drinking or drug use while learning new strategies and skills to reduce teen and adult substance abuse. Additionally, youth attend three follow-up classes to develop effective refusal skills around underage and binge drinking, drug use, and driving and/or riding in cars with people under the influence. The program has become a model for the State of California. Karen Vierra, the DUI Prevention Education Curriculum Specialist from the Center for Families and the Courts reported: You are definitely the program to emulate. You and your staff are organized and efficient without being intimidating. Additionally, you guide the conversation with skill, knowledge, and understanding. You are obviously a tremendous asset to your community, court system, youth, and parents. They are all lucky to have you doing the work you so unselfishly do. Intervening with young people when they first exhibit unhealthy behavior is the most cost effective approach to reducing health related expenses by decreasing alcohol and drug related injuries, assaults and deaths. Additionally, addressing first time offenders saves enormous amounts of resources by keeping youth out of the juvenile justice system and thereby reducing the number of young adults entering jails and prisons. After six years of operation, Youth Court data demonstrates the success of the program: 95% of offenders have successfully completed the program and only 5% of program graduates have re-offended. Collectively, offenders have provided over 12,000 community service hours, which have benefited numerous non-profits and schools. Offenders community service hours are focused on developing new skills and competencies rather than punitive tasks. Marin Court Commissioner Roy Chernus is a volunteer judge for the Youth Court and has presided over the Juvenile Court for the past two years. Comm. Chernus reports there is something very powerful that happens when you have kids judging kids. Their bull detector is very sensitive. They can tell when they are being lied to and it influences what they decide. In addition, these proceedings use the principles of restorative justice, which means that everyone is focused on what will repair the damage that has been caused to the community, the victims, the family and the teen. Youth who participate in the program rarely come back through the system with more serious offenses. The Youth Court also provides an opportunity for understanding among diverse student populations. Marin County is economically, racially and culturally diverse, with communities that rarely interact. But, through the Youth Court program students from very different backgrounds learn about each other s lives and challenges while providing peer support and mutual respect for working towards positive goals. Structuring a venue where students can develop allies across class and race lines provides a great opportunity in learning how to successfully navigate our multicultural society. The Marin County Youth Court provides services to all youth regardless of family income. The program fee is $500 and as customary with all YMCA programs, scholarships are provided to those needing financial support. Fifty-five percent of the families accessing Youth Court in 2009 qualified for scholarships. The YMCA can only continue to help families in need with your support. Please consider contributing and/or volunteering. To help, contact Don Carney, Youth Court Director at , 734 A St., San Rafael, CA or dcarney@ymcasf.org. * Don Carney is the Director of the Marin County Youth Court program. 7

8 Plaintiff: Yasha Faye MARIN COUNTY JURY VERDICTS Defendants: Crossfit Marin, Andres De La Rosa, Roger Harrell Case Number: CIV Insurance Carrier: Meadowbrook Plaintiff Attorney: Robert Diskint, Esq., Defendant Attorney: Clinton Hein, Esq., Plaintiff Doctor, Field: Arthur Ting, MD, orthopedic surgeon Defendant Doctors: None Plaintiff Expert, Field: Address: Donald Chu, Ph.D, sports medicine Defendant Experts: None Judge: Hon. John A. Sutro, Jr. Date of Incident: 4/15/07 Type of Action: Sports personal injury Location of Accident/Incident: Center, Novato, CA Novato Gymnastics Plaintiff: Age: 36 Occupation: Weight lifting coach Residence: San Rafael Facts of Case: Plaintiff took defendants Parkour (urban gymnastics) class in gym on pads and spring floor using padded obstacles and wallpads. Plaintiff and other participants warmed up, stretched and practiced jumps, falls, vaults and wall runs (running up walls). Plaintiff injured during wall run. Plaintiff s Contentions as to Liability: Defendants conduct totally outside the range of ordinary conduct of activity; defendants called plaintiff a pussy for not trying another repetition while tired, and defendants knew nothing about teaching Parkour. 8 Defendant s Contentions as to Liability: Primary implied assumption of risk required plaintiff to prove recklessness, which in sports injury context requires proof of conduct totally outside the range of ordinary conduct involved in activity. Defendants collectively had about 50 years experience teaching gymnastics and several years experience teaching Parkour; defendants conduct within range of ordinary instruction of Parkour wall runs. Length of Jury Trial: 6 days Jury Deliberated: 2-3 hours Plaintiff Attorney asked the Jury to Award: $460,000 economic damages and past non-economic damages, plus additional future non-economic damages (amount left to jury) Defendant Attorney asked the Jury to Award: Defense verdict, or at most 5% fault of defendants. Injuries/Damages: Plaintiff Doctor Stated: ruptured patellar tendons, bilateral Residuals: Plaintiff claimed life impairment, inability to run, exercise Specials/Damages: $160,000 medical, $50,000 lost wages Settlement Talks: Demand: $450,000 Offer: $0 Result: Court ruled defendant s release inadmissible due to ambiguity. Plaintiff required to prove recklessness. Defense verdict. Poll Result: 10-2 Verdict Date: 11/17/09 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

9 JUDGE MICHAEL B. DUFFICY TO RETIRE FROM THE MARIN BENCH The Honorable Michael B. Dufficy, the senior judge on the Marin County Superior Court, has announced that he will retire on February 18, 2010, after twenty years of service. Judge Dufficy was first appointed to the court in 1990 by Governor George Deukmejian. In a statement announcing his retirement, Judge Dufficy expressed his appreciation for and support provided by his colleagues and court staff. I have thoroughly enjoyed my twenty years on the court. It has been a privilege to work with the judges and commissioners of the court, and the court s loyal and experienced staff. Being a Superior Court judge is a challenging as well as rewarding position, and I looked forward to coming to work every day of my career. I will miss the job, but at age 71 it is time to move on. It has been an honor serving the citizens of Marin County. Judge Dufficy has lived for more than 40 years in Kentfield, with his wife of 52 years, Penny. They have three adult children, eight grandchildren, and two great-grandchildren. Judge Dufficy was born in Ross in 1938 to a pioneer family. His great-grandfather Michael Calhoun Dufficy came to California as a boy in 1847, and settled in San Rafael in the 1870 s. Judge Dufficy attended Ross Grammar School and Sir Francis Drake High School. He received his Bachelor s degree from Stanford University in 1960, and his law degree from the University of California, Hastings College of the Law, in He was admitted to the California Bar in 1964, and practiced law in San Rafael for 26 years, including serving as a Marin County Deputy District Attorney in , until he was first appointed to the Marin County Municipal Court in He was elevated to the Superior Court in 1992, and thereafter elected to six year terms in 1992, 1998, and During his tenure on the Marin bench, Judge Dufficy was selected by his judicial peers to serve two two-year terms as Presiding Judge of the Superior Court. He was the Presiding Judge of the Superior Court when it consolidated with the Municipal Court in Over the years Judge Dufficy has presided over all calendar assignments including, traffic, small claims, criminal, civil, probate, juvenile, family law, and the court s Appellate Division. Judge Dufficy has also participated in the Marin County Office of Education Mock Trial competition. Following his retirement, Judge Dufficy plans to remain active in the law, doing private mediation and alternative dispute resolution in San Rafael. For additional information regarding this press release, contact the Office of the Court Executive Officer at: (415) The Marin Lawyer (President s Message, continued from page 2.) way of contributing. One can help ensure access to justice by participating in MCBA s invaluable Lawyer Referral Service, which allows Marin County residents to get 30 minutes of legal advice for a minimal fee; or through pro bono legal service. This year MCBA is coordinating efforts with Legal Aid to help staff the Western Marin free legal advice clinic, and to sponsor an all-day, weekend advice clinic in May. We ll also be sponsoring community education forums, one for Law Day, and one for domestic violence awareness month in October. There s also the benefit of continuing legal education. The practice sections, in particular, provide an array of ongoing continuing legal education programs which include in-depth analysis of issues, discussion of new developments in the law, and a host of practice pointers. The monthly Marin Lawyer keeps practitioners up to date on what s taking place in the Courthouse, in the law, and in MCBA, and always welcomes articles by members. Participating in a CLE presentation, or writing an article for the newsletter are both great ways to tout one s expertise and share important legal developments. Finally, just showing up and sharing your professional knowledge and experience may make all the difference for some other attorney. Try it. You may be pleasantly surprised! A. MAGGI SAUNDERS & ASSOCIATES Serving the Entire Bay Area since (office) (mobile) maggisaunderscsr@neteze.com In a deposition, the Court Reporter is your biggest asset Labor & Employment, Civil Rights, Medical Malpractice, Complex Personal Injury, Construction Defect, Product Liability, Commercial Business The best court reporter always gets the last word! 9

10 CAPITALIZATION RATE By James Lee, CPA* The fair market value of a business has been defined as, the price at which the property would change hands between a willing buyer and a willing seller when the former is not under any compulsion to buy and the latter is not under any compulsion to sell, both parties having 1 reasonable knowledge of relevant facts. Using the Capitalization of Earnings method, the value of a business can be calculated by dividing its current annual income by the capitalization rate. Its valuation is predicated upon the assumption that current annual income will continue uninterrupted. See Figure 1. The capitalization rate is the interest rate that represents two aspects of valuing a business. First, it is the minimum rate of return that is acceptable to a business owner for the risks known to exist in the business. When viewed this way it is sometimes referred to as the cost of capital. Second, this same minimum rate of return is also used to capitalize current annual income to arrive at the current value of the business. This calculation is based upon the projection of current annual income into the future. It tells the business owner the value of the business based upon the expectation that current profitability will go on in future time periods. In performing business valuations we create what is called the build up of the capitalization rate. This is the systematic bringing together, and combining, of all of the known components of risk associated with a particular business enterprise. It is an effort to account for the added risk that the prospective owner of a business assumes over the reduced risk associated with a purely financial investment. Its purpose is to account for the components of risk that arise from being in the subject business as distinguished from simply owning it. The investor who buys shares of a publicly traded company owns part of the business, albeit probably a small part. That investor is not in business in the sense that they would be if they owned and ran their own business. Publically traded companies have professional management to watch over their businesses. Small businesses usually have the owner as management. The business and financial risk of losing an investment by failing in business is greater than the simple financial risk of making a passive investment into an outside enterprise that is run by paid professionals. The capitalization process seeks to account for this difference by identifying and applying known risk factors. Where potential for great return is found, risk is always elevated. Whether it is known or unknown, this risk exists. Investors will accept increased risks in business, but not 1 United States Department of Treasury, Revenue Ruling without the expectation of improved profit. Profitability is never found without the attendant risk that comes with it. This is axiomatic, a fundamental economic theory. In Economics it is referred to as entrepreneurial risk. In order to identify the range of entrepreneurial risk associated with any given business, the capitalization rate build-up process begins with the long term twenty year rate that is currently earned on U.S. Treasury bonds. Treasury bonds are deemed to be risk free. This therefore represents the absolute risk threshold for all investing. Accordingly, no prudent investor will accept any risk in an investment where the rate to be earned is less than the risk free long term Treasury rate. The business is worth whatever it will pay in future returns to its owner at or above the interest rate the owner requires. It is based upon the assumption that current earnings will continue into the future. By dividing the current annual income by the capitalization rate we can get a short hand calculation that serves our purpose for estimating the value of a business. This process is called capitalizing the current annual income. It becomes a simple algebraic equation to divide the current annual income by the cap rate to find the value: Figure 1 Current Annual Income (Divided by) Capitalization Rate (Equals) = Value of Business Remember, it is an estimate because the income that will flow from the business in the future it is not really known. Additionally, only known entrepreneurial risks have been factored into the capitalization rate. * James Lee is a certified public accountant who has trained in business valuation and forensic accounting relating to family law. He has practiced public accounting for over thirty years in Marin County California. Interested persons are invited to call Mr. Lee at his office in Mill Valley at (415) 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 (Confrontation Clause, continued from page 1.) trial. The perception that confrontation is essential to fairness has persisted over the centuries because there is much truth to it. A witness may feel quite differently when he has to repeat his story looking at the man whom he will harm greatly by distorting or mistaking the facts. He can now understand what sort of human being that man is. (Z. Chafee, The Blessings of Liberty 35 (1956), quoted in Jay v. Boyd, 351 U.S. 345, ). The right to confront one s accuser is guaranteed by the Sixth Amendment of the United States Constitution. The primary mechanism by which the accused confronts his or her accuser is through cross-examination. The Sixth Amendment s Confrontation Clause provides that, [i]n all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him. We have held that this bedrock procedural guarantee applies to both federal and state prosecutions. (Crawford v. Washington (2004) 541 U.S. 36, 42). In Crawford the Court held that, [w]here testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination. (Id. at p. 68.) The difference between testimonial evidence and non testimonial evidence was later explained as [s]tatements are non-testimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution (Davis v. Washington (2006) 547 U.S. 813, 822.) The functional purpose of the confrontation clause is to ensure a criminal defendant the opportunity for cross examination. The Confrontation Clause provides two types of protections for a criminal defendant: the right physically to face those who testify against him, and the right to conduct cross-examination. (Coy v. Iowa (1988) 487 U.S. 1012, 1017.) Edward Bennett William s stated [o]ne of the oldest and most important rights which Americans have is the right to confront one s accusers and to question them. In every trial certain statements are offered into evidence which run afoul of the confrontation clause. These statements are known as hearsay. Hearsay is defined as an out of court statement offered for the truth of the matter asserted. One of the major evils of hearsay is the inability to cross examine the declarant of the offered statement. Hearsay is a species of derivative evidence which is offered for the purpose of establishing some specific fact in a case, and rests on the veracity and competency of some other person than the witness. (Smith The Marin Lawyer v. Whittier (1892) 95 Cal. 279, 293.) Hearsay is inadmissible because hearsay cannot be cross-examined. In California hearsay is inadmissible unless the offered statement falls into an exception. (California Evidence Code Section 1200, 1201.) Where the value of out-of-court statements rests upon the credibility of the out-of-court asserter the statements should be considered as hearsay. (See Ohio v. Roberts(1980) 448 U.S. 56, 62, fn. 4.) Certain out of court statements are not considered hearsay because they are not offered for the truth of the matter asserted. Such evidence is admitted for the purpose of establishing merely the utterance of the words, and not their truth; but the admission in evidence of the words spoken is not to be used in determining the issue of their truth. Necessarily the words so spoken are brought before the jury, but the jury can readily be instructed by the court that they are not to regard them as proof of the facts that are stated. (Smith v. Whittier (1892) 95 Cal. 279, 294.) Out of court statements not offered for the truth of the matter asserted are not subject to the Confrontation Clause and therefore the Crawford rule does not apply. (See People v Ervine (2009) 47 Cal.4th 745.) These statements are offered to show the effect of the statement on the listener rather than the truth of the actual statement or some other non-hearsay purpose. The jury is instructed not to consider the truth of the actual statement. (Continued on page 12.) Drunk Driving and DMV Matters Paul Burglin Mitchell, Hedin, Breiner, Ehlenbach & Burglin Courthouse Square, 1000 Fourth St., Suite 570 San Rafael, CA (415) DUIandDMV.com Author: Calif. Drunk Driving Law A-V Rated - Martindale Hubbell TM 11

12 (Confrontation Clause, continued from page 11.) (Spotlight, continued from page 3.) The admission of out of court statements not offered for the truth of the matter asserted is troubling because the declarant is not subject to confrontation. The accused is denied the ability to physicaly face the declarant and to cross-examine the declarant. The declarant s veracity, accuracy of perception, and recollection cannot be tested. Although out of court statements not offered for the truth of the matter asserted are immune from Confrontation Clause challenges they are vulnerable to several other objections. They are still subject to the California Evidence Code and do not get a free pass to admission simply because they do not qualify as hearsay. The out of court statement offered for a non hearsay purpose still must be relevant. Such a statement is inadmissible if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice. (See California Evidence Code Section 352.) When defending a criminal case in California a simple objection hearsay when faced with an offered out of court statement is not enough to properly challenge the offered evidence and preserve all issues for appeal. There are three stages to the proper objection and each should be considered and used as circumstances dictate. The first stage is objection hearsay. The second stage is objection, the offered statement denies my client the right to confront his or her accuser as guaranteed by the Sixth Amendment of the United States Constitution. The third stage is to object to the offered statement on whatever grounds in the evidence code, California Constitution, or United States Constitution the statement offends. These grounds can range from relevancy to denial of due process. The Confrontation Clause is a vital part of the bundle of rights which work together to ensure each person accused of a crime receives a fair trial. The Confrontation Clause has been reinvigorated in recent years but its protection only extends to statements which fall into the definition of hearsay. The Confrontation Clause does not apply to out of court statements not offered for the truth of the matter asserted. In order to successfully exclude statements not offered for the truth of the matter asserted an attorney must evaluate the underlying admissibility of the offered statement and then come up with an appropriate objection. * Charlie D. Dresow focuses on criminal defense and motion practice. Mr. Dresow is a proud member of the Richard M. Sangster Inn of Court. In his spare time, Mr. Dresow enjoys coaching youth football and reading history. He can be reached at cdresow@gmail.com or (415) League pitching to Scott Lueders. I try not to give him too much to hit. Or on weekends my tool belt will be strapped on my hips doing construction work around my house. Clay Greene once told me my aim in life was to replace every piece of wood in my house at least once. I have not accomplished that task Clay, but I am working on it. The Marin Lawyer: Tell us about your family. Randy Wallace: I am married to Deborah Meltzer. We met while taking the bar exam in She practiced law for several years until our first daughter was born and then stayed home to raise our two daughters, Amy and Julia. For the past nine years Deborah has worked at Manor Elementary School in Fairfax with developmentally disabled children. Amy lives in Bolinas and works at the Cavallo Point Inn. Jules lives in Santa Rosa and is senior at Sonoma State. The Marin Lawyer: If you could pursue any other career besides law, what would it be and why? Randy Wallace: Another career hummmm. Change my name to Sidd Finch, short for Siddhartha, master George Leonard s Twelve Principles of the Modern Samurai, learn how to throw a 162 mile per hour fastball with movement, become the highest paid closer in baseball, give away all of my salary, and when asked how much pressure I feel when pitching, respond about 32 pounds per square inch, unless I am at Coors Field in Denver. Seriously okay, not necessarily in this order a novelist (I have written my first, yet unpublished novel, and am working on the second of three in the series), an investigative reporter or apprentice myself to Taliesin West, the Frank Lloyd Wright school of architecture in Arizona, to learn the art and science of creating sustainable homes with recycled materials on a limited budget. The reason why I would choose these careers is that they speak to the creative side of me that likes to make things. The Marin Lawyer: Why did you join MCBA? Randy Wallace: In 1978 Isidoor Bornstein told me to join and said to get involved. Izzie always gave me great advice (which I carry with me today) so I joined and never looked back. Thank you again Isidoor. Some advice If you want to practice law in Marin County and want other lawyers to know who you are, if you want to be able to do the business of the law with other lawyers, if you want to have an opportunity to do some real and permanent good outside your practice, if you want to develop the necessary relationships with other lawyers and the bench, then the local bar association is the place to start. Had it not been for joining the Marin County Bar Association, I would have the career that I have, and I would not have had the opportunity to do real and permanent good in our profession. 12 The Marin Lawyer: Why did you become a Director? (Continued on page 13.)

13 (Spotlight, continued from page 12.) Randy Wallace: This is my third term on the Board. I reapplied because I thought the institutional knowledge I have would benefit the Board and the Bar Association. Also the make-up of the Board intrigued me because there were board members and officers, I wanted to get to know and work with because they are quality practitioners and people. The Marin Lawyer: If you had to pick a single highlight of your career, what would it be? Randy Wallace: I have to say the highlight of my legal career is the volunteer work I have done in the bar association that has had unforeseen consequences. There are two examples that come to mind. The first was cowriting the Bar Association Mission Statement, and second was being honored at a MCBA dinner when I received the Lawyer of the Year Award. The Marin Lawyer The Marin Lawyer: What was the best/worst/strangest experience in your career? Please describe. Randy Wallace: There have been many Mastercard moments over the years. I came up with these three which I call The Case That You Do Not Take, The Case of Don t Lie to Your Lawyer and The Case of the Crystal Ball. Each of these cases gave me things that I carried forward in my practice. The Case That You Do Not Take is what my father told me about practicing law. He told me that the quality of my practice would be determined not by the cases I took, but by the cases I did not take. A gentleman from another part of the world wanted me to sue his fellow countryman for slander because of what he said. The precise words were I give it to you Hot, Hot!!! Hot!! I did not take the case, nor did I inquire about the meaning of those words. Somehow, I did not want to know if or whether they lowered anyone s reputation to a substantial and respectable group. The Case of the Crystal Ball was a construction defect and leaking roof case. My clients did a substantial remodel and when it was almost done, the roofers tore off the roof in November. A rain storm hit like the one we had in January of this year and the entire remodel was destroyed. Between the remodel, the lawsuit, and the re-remodel, the clients were out of their home for three years. During the course of the case, I would preface my remarks by saying if I had a crystal ball this is what I predict will happen. Either through serendipity, luck, brains or little of all of the above, I was correct in every prediction. When the case was over the clients came to my office with a present. They handed me a box and insisted I open it. I opened the box and inside was you guessed it a crystal ball. They said, Randy you can never tell clients that you do not have a crystal ball. To this day that crystal ball sits on my desk. The Case of Don t Lie to Your Lawyer was a harassment TRO case between two wealthy individuals living together who were 65 years plus. My client moved from the residence was restrained from making any telephone calls to the other party. He swore up and down and backward and forward that he made no such calls. I believed him. So we went to hearing and the other side got him to admit what his telephone numbers were under oath. I thought this is not good. Then the next witness testified that a telephone trap was put on the telephone. I thought oh no Then the witness testified that he installed the trap and collected all the numbers of which 55 were the telephone numbers my client just admitted to You have to remember there was no discovery in these cases Over my strenuous objection Judge McGuire let in all the evidence. From the bench he looked at me and he said Mr. Wallace I find your client in substantial contempt. Have you ever wanted to crawl under the counsel table? Details for Events Calendar February 16, 2010 Family Law Section Meeting, 12 1:30 pm Business Valuations of Professional Practices and Small Businesses with Ken Frank, CPA, and Ted Israel, CPA Marin County Superior Court, Dept L February 17, 2010 ADR Section Meeting, 12 1:30 pm Elizabeth Bader, of Bader Conflict Resolution Services The Psychology of Mediation: Issues of Self & Identity & the IDR Cycle Please RSVP to Michael Malone at mgmalone@comcast.net or call February 17, 2010 Probate & Estate Section Meeting, 12 1:30 pm Special Needs Trusts & Medi-Cal Planning with Kevin Urbatsch & Stacy Turner Tamalpais Room, San Rafael Conference Center, 750 Lindaro Street, San Rafael February 22, 2010 Probate & Trusts Mentor Group, 12 1:30 pm Estate Planning in B Street, San Rafael Please RSVP to Michelle Lerman, Michelle@lermanlaw.com February 25, 2010 Real Property Section Meeting, 12:00 2:00 Seafood Peddler, 100 Yacht Club Drive, San Rafael Significant Developments in California Real Estate Law Legislation, Decisions & Form Changes A panel discussion of the significant developments in real property law occurring in 2009, including legislative developments, judicial decisions and changes to the standardized real estate form contracts. For more information and to sign up, please contact section co-chair Derek Weller at derek@derekwellerlaw.com or call (415)

14 14 New Members Sarah Haselup Family & Children s Law Center 30 N San Pedro Rd, Ste 245 San Rafael, CA Fax: shaselup@faclc.org Margaret Petersen 903 Pine, Unit 44 San Francisco, CA xpmags50@yahoo.com Sara M. Purcell 30 Summit Ave. Mill Valley, CA sarampurcell@yahoo.com Richard R. Rudnansky Meyers Nave 401 Mendocino Ave., Ste. 100 Santa Rosa, CA Fax: rrudnansky@meyersnave.com change of scene Heather L. Campopiano The Campopiano Law Offices, PC 999 Fifth Ave, Suite 350 San Rafael, CA Fax: hcampo@elderplanners.com Thomas A. Cohen 555 Montgomery, #820 San Francisco, CA Fax: tomcohen@ionix.net Change of scene con t. Walt Cook 27 Woodbridge Wy Novato, CA Fax: waltcook@comcast.net Michael Dietrick Law Offices Of Michael Dietrick 10 Keller, Ste 275 Petaluma, CA dietrick@pacbell.net James B. McKenney 250 Bel Marin Keys Bl, Suite B-6 Novato, CA Fax: Jim@profpub.com Chanler M. Sparler Sparler Law Office 5 Bon Air Rd, #223 Larkspur, CA Fax: chanler@sparler.com Pauline H. Tesler Tesler, Sandmann & Fishman 38 Miller Ave, Box 128 Mill Valley, CA Fax: teslercollaboration@lawtsf.com Samuel G. Ware Law Office 700 Larkspur Landing Circle, #A9 Larkspur, CA Fax: Deadline for submission of articles, ads, inserts, and announcements is the 15th of each month. Thank you.

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. GET WORK AND PRIME EXECUTIVE SUITE IN LAW OFFICE- Overload work/referrals and elegant building in Downtown SR. Receptionist, conference room (with wi-fi), kitchen, breakroom, storage area for your files. Lisa 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) express@sonic.net PHILIP R. DIAMOND MEDIATOR EXPERIENCED EFFECTIVE DEDICATED Construction and Real Estate Commercial and Residential Landlord/Tenant Business Disputes and Litigation Employment Personal Injury Philip R. 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: LAW & MEDIATION OFFICES OF PHILIP R. DIAMOND 4040 CIVIC CENTER DRIVE, SUITE 200 SAN RAFAEL, CALIFORNIA TELEPHONE (415) FACSIMILE (415) philipdiamond@comcast.net Professional Liability Insurance Product Liability Wills and Trusts General and Toxic Torts 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) 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 PHILIP R. DIAMOND MEDIATOR EXPERIENCED EFFECTIVE DEDICATED Philip R. Diamond is a talented, hard working mediator, who is committed to shepherding all matters through to resolution. His wideranging mediation and civil litigation experience includes: Construction and Real Estate Commercial and Residential Landlord/Tenant Business Disputes and Litigation Employment Personal Injury Professional Liability Insurance Mission Statement Product of Liability the Marin Wills and Trusts County Bar General Association and Toxic Torts To involve, encourage, and support LAW bar & MEDIATION association OFFICES members, OF PHILIP R. DIAMOND to serve as a liaison 4040 CIVIC CENTER to the Marin DRIVE, SUITE County 200 courts, SAN RAFAEL, CALIFORNIA and to educate the community and TELEPHONE (415) FACSIMILE (415) enhance access philipdiamond@comcast.net to legal services. 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 Beth S. Jordan President Otis Bruce Jr. President Elect Jessica Karner Treasurer Timothy J. Chambers Secretary Marlene P. Getchell Past President Lawrence A. Baskin 5 Year Past President Board of Directors Sara Allman Elizabeth Brekhus David I. Brown Philip R. Diamond Todd Duplanty Michael Fish Louis S. Franecke Joel Gumbiner Riley Hurd Dennis Kavanagh Lisa Maslow Andrew C. McCullough Kate Rockas Eric Sternberger J. Randolph Wallace 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