March/April 2011 SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE Law Trends Spotlight on Social Media SCBA Annual Meeting www.sacbar.org Justices Scotland and Sims Farewell Luncheons
Editor s Message Keeping you Current on Trends and Events This month s issue focuses on trends in the law. As you might imagine, costs and the economy have dominated most of the changes we ve seen in the last several years as illustrated in our cover story, Trends in the Practice of Law: The Voices of Experience Speak, by Steve Sphar. On the lighter side, we have a heart-warming story about some really hard working kids from Cristo Rey High School by Amanda Gimbel and, for you technophiles, some thoughts on the art of legal blogging by Jessica Grigsby. We also have a fine assortment of articles on the legal goings-on-about town, including coverage of the Unity Dinner, SacLEGAL s 15th Anniversary Celebration and the SCBA s Annual Meeting, where this year s officers were introduced and sworn into office. And if you are at all interested in State Bar issues, you won t want to miss Mike Levy s President s Message on the State Bar s Governance in the Public Interest Task Force. The Task Force, which was recently formed by legislative mandate, must report to the Supreme Court, the Governor and the Judiciary Committees with its recommendations for enhancing and insuring the protection of the public (presumably from you and I) every three years beginning in May of this year. I think you will find Mike s message informative. And then we have a somewhat bitter-sweet account about the passing of the torch and the recent valedictory luncheons for Justices Rick Sims and Arthur G. Scotland. As most of you know, Justice Scotland retired after 21 years on the Third District Court of Appeal, the last 12 of By Jack Laufenberg which were as Presiding Justice, in October of last year. Justice Scotland was a tireless contributor to the community and a great friend of the Sacramento County Bar, having been named the SCBA s Humanitarian of the Year in 2002 and Judge of the Year in 2004. I remember my first introduction to Justice Scotland when I was a first-year member of the Anthony M. Kennedy American Inn of Court at McGeorge and he was the Inn s President about 12 years ago. Justice Scotland could not have been kinder or more gracious in welcoming a slightly over-awed young attorney. Although I had the pleasure of working with Justice Scotland in various capacities as a member of the Sacramento County Bar Council (now Board of Directors) and then as SCBA President, my favorite memories of Justice Scotland are from those days at the Inn when we would gather after dinner in the Courtroom of the Future for our monthly presentations and discussions of hypothetical cases. It is not often you get to see a sitting Appellate Court Justice dust off their robes and revert to the role of advocate, but I had the pleasure of watching Justice Scotland argue his point to the assemblage on more than one occasion. Justice Scotland was as smooth and classy an orator as he was a judicial officer. He will be sorely missed on the bench, and we hope he continues his long-time active participation in SCBA activities. EDITOR-IN-CHIEF Jack Laufenberg editor@sacbar.org STAFF EDITORS Larry Duran Heather Cline Hoganson SACRAMENTO LAWYER POLICY COMMITTEE Larry Duran Helene Friedman David Graulich Coral Henning Yoshinori H.T. Himel Jack Laufenberg COURTHOUSE STEPS steps@sacbar.org SURFING FROM RIVER CITY Coral Henning (916) 874-6013 chenning@saclaw.org ADVERTISING - EVENTS MEMBER CLASSIFIED ADS Michelle Bender (916) 564-3780 x200 reception@sacbar.org DESIGN AND LAYOUT MaryBurroughsStudio.com MJBgraphicdesign@aol.com EXECUTIVE DIRECTOR Carol Prosser OFFICERS Michael Levy - President June Coleman - 1st Vice President Stephen Acquisto - 2nd Vice President Jean-Pierre Francillette - Secretary Treasurer BOARD OF DIRECTORS DIRECTORS AT LARGE Carrie Bushman Roberta Carson Sonia Fernandes Theresa LaVoie Richard Miadach Lori Okun William Schuez Sabrina Thomas Michael Wise SACRAMENTO LAW FOUNDATION Kimberly Lewellen, saclawfoundation.org AFFILIATE REPRESENTATIVES Asian Bar Association (ABAS) Grace Arupo Barristers Club Dan Stouder Capitol City Trial Lawyers Kerri Webb Federal Bar Association Jean Hobler Hellenic Law Association of Sacramento (HELLAS) Vasilios Spyridakis LaRaza Michael Terhorst Leonard M. Friedman Bar Association Avi Glikman Saint Thomas More Society of Sacramento (STMS) Herb Bolz Sacramento Lawyers for the Equality of Gays and Lesbians (SacLegal) Patrick Hostine South Asian Bar Association Gaurav Bobby Kalra 2 SACRAMENTO LAWYER MARCH/APRIL 2011
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE Table of Contents V O L U M E 1 1 1, N U M B E R 2 M A R C H / A P R I L 2 0 1 1 COVER STORY 18 Trends in the Practice of Law: The Voices of Experience Speak LITIGATION 7 View from the Civil Bench - Writ Practice in the Superior Court: Where Medieval History Illuminates the Law LAW FIRM TRENDS 26 Cristo Rey High School: The School that Works Literally 29 Legal Blogging in the 21st Century One Practitioner s Perspective NEW JUDGES 24 Multi-talented Judge Geoff Goodman a Great Addition to the Bench EVENTS 12 Unity Dinner 2010: A Celebration of Community 16 SacLEGAL Marks 15th Anniversary In Veteran s Day Bash 22 An Annual Legal Rite SCBA Convenes Is 2010 Annual Meeting 32 Fifth Annual Legal Research in the Real World Workshop May 25 33 Justices Scotland and Sims Honored for their Exemplary Service 18 COMMUNITY SERVICE 30 Karal Broussard-Boyd Named VLSP s 2010 June Black Pro Bono Award Winner DEPARTMENTS 2 Editor s Message 4 President s Message 10 Law Library News 11 Surfing from River City 35 Calendar 35 Index to Advertisers 22 Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact SCBA 916-564-3780 x200 for deadline information, fax 916-564-3737, or e-mail reception@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only. Wiley Manuel Bar Association Jean-Pierre Francillette Women Lawyers of Sacramento Jamie Errecart COMMITTEE / SECTION REPRESENTATIVES Lawyer Referral and Information Service (LRIS) Don Hansen Conference of Delegates Andi Liebenbaum Indigent Defense Panel (IDP) Kevin Adamson Section Representative Daniel Yamshon Voluntary Legal Services Program (VLSP) Victoria Jacobs SECTIONS Administrative Law Tim Morgan Alternative Dispute Resolution Ken Malovos Appellate Law Brendon Begley Bankruptcy & Commercial Law Megan Lewis Business Law Sarah Ham Children s Counsel Diane Wasznicky Constitutional Law & Civil Rights Carrie Frederickson Corporate & Securities BJ Susich Environmental Law Mary Akens Family Law Jeff Posner Health Care Brian Taylor Intellectual Property Glen Gross Labor & Employment Law Julie Raney Probate & Estate Planning Mauriah Conway-Spatola Real Property Leslie Walker Tax Law Jeb Burton Worker s Compensation Martin Beaver COMMITTEES Bylaws BJ Susich Continuing Education of the Bar Daniel Yamshon Diversity Hiring and Retention Linda Partmann Electronic Media Coral Henning / Heather Hoganson Fee Arbitration Jan Karowsky Judicial Review Philip R. Birney Judiciary Diane W. Wasznicky Long Range Planning Shama Mesiwala Membership Heather Candy Pictorial Directory Helene Friedman Sacramento Lawyer Policy Jack Laufenberg Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100,Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 1999 by the Sacramento County Bar Association. Each author s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated. MARCH/APRIL 2011 SACRAMENTO LAWYER 3
President's Message Protecting the Public Interest The State Bar Going About it the Wrong Way By Michael J. Levy Is the State Bar Governance Task Force Poised to Recommend Transferring Attorney Governance to Non-Lawyers? Last December, the State Bar s Governance in the Public Interest Task Force circulated an eight question survey to approximately 20,000 of California s quarter million attorneys. The Task Force is a committee mandated by the 2011 State Bar fee bill (AB 2764, codified at Bus. & Prof. C., 6001.2), and it is charged with submitting a report containing recommendations for enhancing the protection of the public and ensuring that protection of the public is the highest priority in the licensing, regulation, and discipline of attorneys. The survey will provide information for the Task Force s report, which must be submitted to the Governor, the Legislature, and the Supreme Court, by May 15, 2011, and every three years thereafter. The first of the eight survey questions asks: What do you understand protection of the public to mean in the context of governance of the State Bar? That is a great question that definitely deserves considerable thought. However, rather than fleshing out perspectives about the extent to which public protection is achieved, questions two through eight shift entirely to the composition and manner of selection of the members of the State Bar Board of Governors and its officers. In case you re interested, the complete survey is posted at: 4 SACRAMENTO LAWYER MARCH/APRIL 2011 http://www.surveymonkey.com/s.aspx?sm=ktljdx1grjai%2f%2buik7nq 4mmY4JZIpo0st9iKaBbz1XA%3d. The survey s overwhelming focus on governance structure rather than public protection is concerning for a number of reasons. Most importantly, it appears the Task Force has predetermined that changes in governance will result in public protection before determining what, if any, failures by the State Bar to protect the public exist in the first place. The survey demonstrates no analytical link between public protection -- or the lack thereof -- and the current governance structure of the State Bar. Notably, Business and Professions Code section 6001.2 does not mandate a change in the State Bar s governance structure. In fact, the legislation has far greater breadth. Nevertheless, according to the October 28, 2010 subcommittee report on drafting the charge of the Task Force, the Task Force has apparently determined that a review of the State Bar s governance structure is central to its statutory obligations, having adopted the following as one of its core functions: The Governance Task Force shall review the policy setting and governance model of the current State Bar of California Board of Governors. The Governance Task Force shall make recommendations as to whether the structure of the Board, including its composition and the election process for the lawyer members, best advances the goals of ensuring public protection and assisting the California Supreme Court in the exercise of its statutory and inherent authority over the admission and discipline of attorneys of California. (http://www.calbar.ca.gov/linkclick.aspx?fileticket=citveh6pme0%3d&tabid=2973.) The Sacramento County Bar Board of Directors believes that before analyzing the State Bar s governance structure, and only after defining what "protection of the public" means, the Task Force must necessarily assess whether, and to what extent, if any, California's attorneys and the State Bar actually fail to meet that standard. Moreover, the Task Force must distinguish between legitimate criticism and that which is based on misperception and a lack of understanding of our adversarial system of justice. The Task Force must then assess the cause of any problems it identifies. Only after such an inquiry can the Task Force legitimately entertain an educated dialogue about what changes in governance structure would be remedial since structure may not even be relevant to the discussion. Although it is early in the process, there are rumblings that there may be an effort to eliminate attorneys altogether from the State Bar s governance structure on the ostensible basis that lawyers are ill-equipped or ill-motivated to self-police their own. The Center for the Public Interest Law is one such group that advocates for the elimination of lawyer-elected Board members, rationalizing that lawyers have an inherent conflicted of interest in serving the public while still representing California lawyers. To the extent that this is their belief, I could not disagree more. I fully believe in the integrity of our profession. I believe that most of our colleagues are honest, ethical attorneys who conduct themselves as profes-
sionals; and who represent their clients consistent with the principles underlying the Legislature s use of the term protection of the public. I also believe that those among us who fail to honor our ethical obligations should be called to task promptly and appropriately. California s lawyers have every interest in maintaining a highly respected profession whose members faithfully abide by their ethical responsibilities and their oath to, among other things, support and defend the Constitution. An integrated Bar has proven to be a workable structure for achieving public protection and enhancing the quality of the legal profession. The State Bar discipline system, the Rules of Professional Conduct (already in the process of being reformed), the State Bar Act and other State Bar functions may be in need of reform. Committing California courts to addressing unethical behavior of lawyers during active litigation would be a tremendous start in improving the public s perception of lawyers. However, revamping the Board of Governors' selection processes without a thorough and deliberative process for assessing the real problems that plague us, rather than the imagined ones, may have far reaching, unanticipated and detrimental ramifications to the practice of law and, ultimately, to the protection of the public s interest in California. The Sacramento County Bar Association has fully engaged in this process. We timely filed a response to the survey, which you can view at http://www.sacbar.org/pdfs/gov%20in% 20Pub%20Int%20TF2.pdf. In addition, I will be testifying at one of two public hearings that the Task Force has arranged to seek public comment. Through this journal and on the Sacramento County Bar Association s website (sacbar.org) we will provide more information as it becomes available. Not every person who comes in contact with the justice system believes it to be just. And not every attorney licensed to practice law in California exercises good judgment or high standards of ethical professional behavior. Nevertheless, I believe our profession to be peopled with an intelligent, thoughtful and deliberative majority of practitioners who not only care deeply about the work they do for their clients, but more broadly about the profession and its value and importance in our lives. In thinking about what s going on, the best analogy I can come up with came to me when my friend s car was totaled by the insurance company after a fender bender. The State Bar might need a tune-up, but the adjuster hasn t examined it, it hasn t even been taken to the shop, and already we re contemplating a total loss and the need for something new. It s time to apply the brakes and some legal reasoning to problem solving. For more information visit: www.sacbar.org MARCH/APRIL 2011 SACRAMENTO LAWYER 5
3620 American River Drive Suite 260 Sacramento, CA 95864 (916) 974-8600 Business, Commercial, Construction Claims and Defects, Employment, Insurance, Intellectual Property, Malpractice, Probate, Product Liability and Real Estate Disputes. Calendar and further information online at: www.malovoslaw.com. 6 SACRAMENTO LAWYER MARCH/APRIL 2011
By Judge Judy Holzer Hersher Litigation VIEW FROM THE CIVIL TRIAL BENCH: Writ Practice in the Superior Court: Where Medieval History Illuminates the Law This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments should be addressed to hershej@saccourt.ca.gov To say truth, although it is not necessary for counsel to know what the history of a point is, but to know how it now stands resolved, yet it is a wonderful accomplishment, and without it, a lawyer cannot be accounted learned in the law. Roger North (1653-1734) English lawyer, biographer, writer and Solicitor-General to the Duke of York Attorneys and judges who venture into the law of ordinary and administrative writs find themselves in a legal arena vastly different from the typical civil trial. Some of the key terms and phrases seem arcane and inscrutable. For example, what is a high or prerogative writ, and what is the difference between an alternative and peremptory writ? There are trial anomalies as well. Although provision is made for juries in writ trials in our California statutes, they are rarely if ever used, as writ trials typically are conducted with few if any live witnesses. Often trial evidence is limited to a pre-established record, discovery is vastly constricted, and the proof at trial is governed by unique burdens of producing evidence and proof. Writs are written orders from the Court commanding a person or entity to perform or cease performing a particular act, or to restore someone to a right that has been taken or withheld from them. Much of the language used in writ proceedings and orders reflects the vestiges of medieval England, when monarchy was the recognized form of government, political and social unrest was the norm, and disobedience was dealt with harshly. Modern California writ law, codified at Code of Civ. Proc. sections 1063-1110(b), has responded to the challenges and changes of the 21st century, but its roots are firmly in the Middle Ages. 1 Understanding some of the history is helpful to making sense of this unique practice area. Legal scholars opine that the first evidence of the use of writs appeared around the time of the first or earliest Magna Carta, in the 13th century in England. 2 Formal royal power over the lords and barons in England was exercised chiefly by the issuance of writs and the instruments often addressed feudal manor administration. The combination of taxes, unsuccessful wars and conflict with the Pope made England s King John unpopular with his barons, who conspired against him. With no other apparent alternative to assume the monarchy if John was deposed, the barons negotiated a compromise, originally known as the Charter of Liberties and later the Magna Carta. Under the Magna Carta, the barons established their right to challenge the authority of the monarch where he or she acted in an arbitrary or capricious manner (italics added) and deprived the barons of their lands, money, or rights. 3 These early writ petitions directed to the monarch were called high or prerogatory writs, which resulted in an order to perform some act or refrain from it immediately upon receipt and without further hearing. This kind of writ order is embodied today, although rarely used by California judges, through the issuance of a peremptory writ, which commands that a party do something, also immediately and without an opportunity to show cause why it shouldn t have to perform. (See Code of Civ. Proc. Section 1087 4 ) By the 17th century, the right to challenge the actions of those in power was extended to men of property and business or free men. (James Bagg s (1615) 11 Coke s Rep. 93b, 77 E.R. 1271 (K.B.)) Apparently one James Bagg had a somewhat salty tongue and had been disenfranchised from certain offices for repeatedly uttering words of contempt against city officials. He petitioned the English court to have his offices returned to him because he didn t know where else to turn. Recognizing a need to provide a speedy remedy for free men engaged in the everyday business of commerce and politics, the courts expanded English common law to provide a remedy through the writ process. The Bagg s Court found: MARCH/APRIL 2011 SACRAMENTO LAWYER 7
Litigation 8 SACRAMENTO LAWYER MARCH/APRIL 2011 tion, 17th century English petitioners had to show two things. First, that there was no plain, speedy, available remedy, and second, that the petitioner was in fact entitled to the use or enjoyment of a particular station or office or benefit. 6 The same phraseology is used today. (See, e.g., Code of Civil Procedure sections 1068 (power to grant writs), 1085 (power to issue a writ when the party is entitled to the use and enjoyment of a right or office to which they are entitled and prevented from holding), and 1086 (mandatory duty to issue). The requirement to prove that one is in fact beneficially interested in a particular right or station remains today in California writ practice and is referred to as standing. 7 The earliest evidence of the use of mandamus in the American colonies occurred during our colonial period, beginning in 1608. However, the nature, extent and power of a nonsovereign (i.e., the courts) to issue writs of mandamus in the colonies remained inconsistent for almost two centuries, and despite the English embrace of a court process for free men, there was no consensus among the colonial governors, the judiciary and local governing bodies that the judiciary had the power to issue writs. 8 For example, in the case of the New Meeting House in Malden, Massachusetts in 1727, a local committee was authorized by the City Council to select the physical location for a new community building. It chose a particular site (the northern site), however, the town administrators ignored their selection, and start to build on another site (the southern site). The committee went to the City Council and got an order saying that the town administrators had to move the meeting house to the northern site, consistent with the power of the that to this Court of King s Bench belongs authority, not only to correct errors in judicial proceedings, but other errors and misdemeanors extra-judicial, tending to the breach of the peace, or oppression of the subjects, or to the raising of faction, controversy, debate, or to any manner of misgovernment, so that no wrong or injury, either public or private can be done, but that it shall be (here) reformed or punished by due course of law. (James Bagg s Case, Id, n. 7, 98a and 1277-1278.) Thus, by the early 17th century the doors of the English courthouse were thrown open to free men, as well as persons of title, to utilize the writ petition to challenge the acts of the sovereign, as well as the acts of lesser tribunals or officers who held power over them. 5 The use of the petition practice was premised on the need for quick and effective action by someone of greater authority than the bad actor. And in so doing, it also provided an opportunity in the commercial or public arena for the parties to present evidence of their alleged rights and harms. This also was the beginning of the alternative writ referenced in Code of Civ. Proc. Section 1087. (See fn. 4, supra.) With this history in mind, the statutory language enacted in California in 1872, which remains unchanged today and which appears in Code of Civ. Proc. 1085, begins to make sense. It provides for a writ of mandate to any inferior tribunal, corporation, board or person, to compel it to perform an act which the law specifically enjoins, as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior tribunal, corporation, board or person. As a prerequisite to any applicalocal committee to decide its location. When the order to move was ignored, the local committee went to the Superior Court in Massachusetts seeking a suitable remedy. The Superior Court penned a draft writ of mandamus, but then declined to issue it, unsure of its legal ability to do so. The writ draft read: Wherefore minding to Provide them due & Speedy Relief in their behalf as Justice requires, We Command you [to record and erect] ye Same with out delay, or Signify to us ye Reason why you don t, and make due return of this Writ (198 Suffolk County Court Files, July 1729-August 1729, No. 23117 (Office of the Clerk of the Supreme Judicial Court, Boston)). Unhappy with the Court s failure to issue the writ, the local committee petitioned the governor, asking him to force the Superior Court to issue the writ. He so ordered. However, the town administrators, believing that neither the court nor the governor had the power to issue writs, petitioned for a writ from the state legislature, specifically to set aside the orders of the governor and any court. The Massachusetts state legislature ultimately issued its own writ, declaring that since there was no statute granting any power to the superior courts to issue a writ of any kind, and since the parties should otherwise be entitled to a trial by jury, the court lacked jurisdiction to proceed. 9 California enacted a series of statutes in 1872, governing writs of review, mandamus and probation. The earliest decisions confirmed that California was codifying its understanding of the common law of writs and provided for a local state court s authority to hear and decide writs of mandate, at least with respect to cases dealing with the performance or failure to perform certain acts by lesser tribunals. (See, e.g., Kimball v. Union Water Co., (1872) 44 Cal. 173, 175.)
These early statutes and cases, however, continued to reflect the tensions of the New Meeting House case. Thus, the 1872 statutes leave open the possible use of juries 10 and don t directly tackle when, and under what circumstances, a court can direct a government agency to set aside its decisions or orders. It was not until after 1944, more than 200 years after the Meeting House case in Malden, Massachusetts, that a California court s ability to issue writs directed to government agencies without benefit of a jury in certain circumstances was codified. After a study by the Judicial Council, the California state legislature adopted three major pieces of legislation. It created a Department of Administrative Procedure, enacted the Administrative Procedure Act (APA)(Govt C section 11340-11529) and Code of Civ. Proc. section 1094.5, the codification of procedures related to court review by administrative mandamus of government agency hearing decisions. 11 By 1944, the ability of California trial courts to hear and issue writs, with or without benefit of order to show cause hearings and juries, was solidified. The rest, as they say, is history. 1. This article is based on the introduction to a writ course taught by the author at the 2008 California Judicial Civil Law Institute, San Diego, California. 2. For an in depth study of the historical rise of writs, see An Historical Account of the Rise and Fall of Mandamus, by Robert H. Howell, Assistant Professor of Law, Univ. of Victoria, Victoria, British Columbia, 15 Victoria U. Welling L. Rev 127 (1985); Holdsworth, Sir William, A History of English Law in Sixteen Volumes, Published by Methuen & Co., LTD, London (1964). 3. There are many interesting books/articles on this subject. See, e.g., Poole, A.L., From Domesday Book to Magna Carta, 1087-1216, Oxford University Press, 2nd ed (1992); Holt, J.C., The Northerners: A Study in the Reign of King John, Oxford University Press, New edition (1992); Clanchy, M.T., A History of England: Early Medieval England, Folio Edition. (1997). 4. CCP section 1087 provides that a writ may be either alternative or peremptory. The alternative writ must command the party to whom it is directed immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court at a time and place then or thereafter specified by court order why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done as commanded must be omitted. 5. For further historical information on the rise of mandamus in England and the British Colonies, see An Historical Account of the Rise and Fall of Mandamus, by Robert H. Howell, Assistant Professor of Law, University of Victoria, Victoria, British Columbia, 15 Victoria U. Wellington L. Rev. 127 (1985); Holdsworth, Sir William, A History of English Law in Sixteen Volumes, Published by Methuen & Co., LTD, London (1964). 6. There is no doubt that where a party, who has a right, has no other specific legal remedy, the court will assist him by issuing this prerogative writ in order to his obtaining such right. --Chief Justice of the King s Bench, 1756-1788, Lord Mansfield (R. v. Doctor Askew (1768) 4 Burr. 2186, 98 E.R. 139, 141 (K.B.). 7. A series of California cases have addressed the meaning of beneficial interest. (See, e.g., Waste Management of Alameda County, Inc., v. County of Alameda (2000) 79 Cal.App.4th 1223.) Various statutes also now confer standing. 8. Goodman, Leonard S., Mandamus in the Colonies The Rise of the Superintending Power of American Courts, 1 Am. J. Legal History. 308 (1957). 9. The history of the Malden, Mass., case is taken from: Goodman, Leonard S., Mandamus in the Colonies The Rise of the Superintending Power of American Courts, 1 Am. J. Legal Hist. 308, 328-332 (1957). 10. See CCP section 1090, providing for the use of jury trials on disputed facts. In today s courtroom, jury trials are rarely used. 11. Section 1094.5 provides for writ review of the validity of any final administrative order or decision made as a result of an administrative proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board or officer. Reach A Variety of Sacramento Area Professionals ADVERTISE IN Sacramento Lawyer Magazine Call (916) 564-3780 x200 MARCH/APRIL 2011 SACRAMENTO LAWYER 9
Law Library News Spotlight on the Law Library Collection: Social Media for Lawyers Kate Fitz, Public Services Librarian, Sacramento County Public Law Library One of the strongest recent trends has been the widespread adoption of social media tools like Facebook, Twitter, LinkedIn and more. The Law Library has a collection of books, MCLE recordings, and webinar recordings to help you get started in social media, or take your social media efforts to the next level. Using Social Media to Build Your Professional Reputation Facebook for Lawyers (KF316.5.A75 B36 2009) LinkedIn for Lawyers (KF316.5.A75 B37 2009) Twitter for Lawyers (KF316.5.A75 B38 2009) Each of these recordings presents a webinar (slideshow with audio narration) of approximately an hour s length. They can be viewed on any computer with the capability of playing.wmv (video) format videos and audio. They are presented by David Barrett, who blogs as The LinkedIn Lawyer at http://linkedinlawyer.blogspot.com/. Out of the many introduction to Facebook, LinkedIn, and Twitter resources available, these are particularly valuable to attorneys. While Main Library 813 Sixth Street, First Floor Sacramento, CA 95814-2403 916-874-6011 www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian NEW ACQUISITIONS California Criminal Motions Thomson West KFC1155.A15 C34 Employee Benefits and Executive Compensation in Corporate Bankruptcy LexisNexis KF1526.E45 2010 10 SACRAMENTO LAWYER MARCH/APRIL 2011 Barrett summarizes the services and presents techniques and suggestions for getting started, it is his discussion of issues specific to lawyers that make his presentations particularly useful. These issues include ethical questions raised by this new form of marketing, potential confidentiality problems, and suggestions on how best to implement the tools in a law firm environment. LinkedIn, Twitter and Social Media Basics for Lawyers and Busy Professionals (KF316.5.B37 2009) Also by David Barrett, this slender book is a collection of best posts from Barrett s blog, The LinkedIn Lawyer. It contains a mix of introductory information about social media, best practices, and anecdotes illustrating tips and lessons learned in social media. Social Media for Lawyers: The Next Frontier (KF320.A9 E44 2010) This very recent book by Carolyn Elefant and Nicole Black covers all the bases for lawyers interested in using social media. Chapters range from why lawyers should consider using social media to the different social media Contracts: The Essential Business Desk Reference Nolo KF801.Z9 S75 2010 Deduct It!: Lower Your Small Business Taxes Nolo KF6491.F57 2011 LLC or Corporation?: How to Choose the Right Form for Your Business Nolo KF1380.M364 2010 Quicken Willmaker Plus 2011 Nolo KF750.W55 2010 Tax Savvy for Small Business Nolo KF6491.D35 2010 tools and platforms available and how to use them. They also cover social media concerns unique to large firms and to trial lawyers, ethical issues, and legal issues such as copyright, defamation, and FTC disclosures. The Lawyer's Guide to Marketing on the Internet (3rd Ed.) (KF316.5.S57 2007) Alas, this book was published in 2007, a bygone era by Internet standards. Hence, it does not discuss social media or Web 2.0 as such. However, authors Gregory Siskind, Deborah McMurray, and Richard Klau include much useful content for an attorney considering integrating social media into his or her marketing practices. Suggestions on using websites to foster two-way communication and informal content publishing are presented in chapters on interactive tools, blogs, podcasts, and web seminars. More general suggestions on types of content to use and etiquette and best practices in communication are also useful. Many tools have changed since this book was written, but the suggestions on content and strategy are sound. We look forward to adding the fourth edition of this book if and when it is available. Using Social Media for Research, Investigation, Work, and Collaboration Internet Investigative Research 2010: Strategies and Technology Tips (KF240.I58 2010) Social networking sites and social media are a rich source of potential evidence and background information on witnesses, parties, and more. This three-hour MCLE audio presentation by Carole Levitt and Mark Rosch delves deeply into using the sites to obtain background information,
Surfing From River City Compiled by Mary Pinard Johnson, Public Services Librarian, Sacramento County Public Law Library Law Practice Today http://www.abanet.org/lpm/lpt/home.s html This monthly webzine of the ABA Law Practice Management Section offers full-text articles on a variety of developments in law practice management. Common topics include trends in marketing, management, technology, and finance. Hubbard One Innovation http://www.hubbardone.com/innovation/ Hubbard One is a marketing and business development consulting firm for the legal industry. The firm hosts an annual Innovation Forum, a three-day conference where attendees discuss forward-thinking marketing strategies, new technologies, and new approaches for business development and law firm growth. Speakers address predicted challenges and trends in the legal industry. Slides and videos of this year s presentations are available online. The State of the Legal Industry http://www.lexisnexis.com/document/st ate_of_the_legal_industry_survey_find ings.pdf This study, commissioned by LexisNexis, surveyed 550 legal professionals and law school students. The study sought to gauge perceptions of the current state of the legal industry, attitudes toward the legal profession in today s economy, and to identify future trends for the law firm business model. The Hildebrandt Baker Robbins http://www.hbrconsulting.com/ Hildebrandt Baker Robbins is a leading legal industry consulting firm. HBR publishes numerous books, articles, and surveys on law firm management, profitability, and business practices. The HBR website offers access to many of these substantive articles, as well as a blog sharing recent developments and current trends in the legal profession. Technology Trends from LLRX http://www.llrx.com/category/930 LLRX is a website dedicated to providing legal, library, and technology professionals with up-to-date information on a variety of research and technology resources and tools. The Technology Trends section of this website offers links to articles on developments of interest to legal professionals. Future Trends in State Courts, 2010 http://contentdm.ncsconline.org/cgibin/showfile.exe?cisoroot=/ctadmin&cisoptr=1605 Trends in the State Courts may have a big impact on law firms. This collection of articles focuses on ideas for redesigning court operations to improve service and reduce costs over the long term. The articles cover discussions of problems faced by the courts, a variety of proposed improvements, and reports from the field regarding the implementation of changes. Legal Current http://legalcurrent.com/ Legal Current is the blog for the lawrelated businesses of Thomson Reuters, including West and FindLaw. Posts cover industry trends, business practices, client development, technology innovations, and other topics. Also available are podcasts and videos of experts discussing a variety of legal and law practice-related topics. Law Firm Leaders Survey 2010: The New Normal http://www.law.com/jsp/tal/pubarticlet AL.jsp?id=1202475032294 (survey results available to subscribers) This article summarizes the results of a survey of 453 corporate chief legal officers and general counsel. Those surveyed indicated that many of the changes made during the economic downturn, such as reduced associate classes, delayed start dates for new hires, and scaled-back profit expectations, are the new normal. impeach witnesses, find missing people, and going "Wayback" to unearth deleted web pages you may need to prove your case. The speakers also cover Google apps, Adobe Acrobat and Outlook functions that can boost efficiency, save money and help you collaborate with clients and co-counsel. The presentation is good for 3 hours of California MCLE credit, including 0.5 hour of Legal Ethics. Google for Lawyers: Essential Search Tips and Productivity Tools (KF240. L48 2010) In this 500+ page book, Rosch and Levitt go into detail on how to become a Google power user. They present step-by-step descriptions of search techniques and specialized tools, illustrated by hundreds of screenshots. They also offer Practice Tips, Ethics Alerts, and various war stories from legal professionals. Also covered are various free and low-cost Google communication and collaboration services such as Google Voice, Google Translate, Gmail, Google Docs, and Google Calendar. The Lawyer's Guide to Collaboration Tools and Technologies: Smart Ways to Work Together (KF320.A9 K46 2008 & 2009 supp) This book details how to use various Web 2.0 tools to streamline and improve collaboration between lawyers and support staff, clients, experts, and even opposing counsel. The authors, Dennis Kennedy and Thomas Mighell, both blog on legal technology and have been using Google Docs to collaborate with each other for years. This book covers collaboration technologies available to lawyers, practical tips for using collaboration tools in common settings, how to select the right tools and understand the issues involved in using collaboration technologies, trends and developments in collaboration tools, and how to make decisions about what collaboration tools to use in a variety of settings. Although the book was originally published in 2008, a 2009 supplemental CD-ROM brings it relatively up-to-date. Of course, on the Internet, things constantly change. If and when a new supplement or edition is available, we ll be looking for it! MARCH/APRIL 2011 SACRAMENTO LAWYER 11
OnOctober 28, 2010, nearly 250 lawyers, judges, law students, and other guests came together at the Doubletree Hotel for the annual Unity Bar Dinner. This annual dinner event provides an opportunity to celebrate the diversity of the Sacramento legal community and to recognize and honor the achievements of people in the community. The Unity Bar Association of Sacramento is a coalition of the minority bar associations and other affiliates of the Events Unity Dinner 2010: A Celebration of Community Article and Photographs by Larry Duran Sacramento County Bar, comprised of the following bar associations: Asian/Pacific Bar Association of Sacramento (ABAS), La Raza Lawyers Association of Sacramento (La Raza); Sacramento Lawyers for the Equality of Gays and Lesbians (SacLEGAL), South Asian Bar Association of Sacramento (SABA), Wiley Manuel Bar Association (WMBA), and Women Lawyers of Sacramento (WLS). Each year a different organization takes primary responsibility for organizing the dinner event and selecting a speaker, and this time SacLEGAL was in charge. In light of the many issues facing the gay and lesbian community today samesex marriage, the don t ask, don t tell policy of the military, and the cyberbullying incidents that recently led to two suicides there were plenty of topics to choose from. While these issues affect us all, they are especially pertinent for the gay and lesbian community. Accordingly, SacLEGAL selected a speaker who could address these issues the renowned Arnulfo Hernandez, Judge Emily Vasquez and Larry Duran Keynote Speaker Professor Pamela Karlan Judge Jim Mize, Niti Gupta and Public Defender Paulino Duran Judge Raymond Cadei and Curtis Namba Judge Renard Shepared (Rtd), Judge Darrel Lewis (Rtd), Luis Cespedes and Professor Fred Galves Stanford University Law Professor Pamela Karlan. A Yale graduate and Stanford faculty member since 1998, Professor Karlan is co-director of the law school s Supreme Court Litigation Clinic, where students litigate live cases before the Court. Prior to her academic career, Karlan served as a law clerk to Justice Harry A. Blackmun of the U.S. Supreme Court and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New 12 SACRAMENTO LAWYER MARCH/APRIL 2011
Events York. Professor Karlan has also been involved in voting rights issues since the mid-1980s, when she took a job as assistant counsel to the NAACP Legal Defense & Educational Fund. Today, she works on pro bono cases for a variety of national civil rights organizations, including the Leadership Conference on Civil Rights. With game two of the World Series underway that evening, Karlan presented a very entertaining speech about two of her passions baseball and law practice, particularly in the areas of racial justice and sexual orientation. She said that for many white baseball players and fans, their first real contact with black Americans came at the ballpark. In her view, Jackie Robinson forced white America to begin Court declared the state s ban on interracial marriage to be unconstitutional (Perez v. Sharpe). Then in 1954, the U.S. Supreme Court decided Brown v. Board of Education; and in 1964, we saw passage of the Civil Rights Act. In comparing baseball rules with the law, Karlan likened the baseball rulebook with its arcane, byzantine rules and regulations to provisions of the tax code, or to an explanation of how to avoid procedural default under the new habeas statute. But, she said, the point of baseball and the law is both simpler and more important. She went on to say that judges are like umpires, whose job is to apply rules involving balls and strikes. However, she pointed out, first, the strike zone is relative; it s tailored to Judge Sumner, Judge Hersher, Judge Hight, Judge Earl, Jody Cooperman, Judge Boulware- Eurie and Judge Mize McGeorge Law Students Judge Boulware-Eurie (center) with 2010 SCBA President Todd Vlaanderen (right) and Todd s husband, Ed Vlaanderen. the process of re-examining its deeply held prejudices. Karlan saw a parallel between when Jackie Robinson was signed as a Dodger minor leaguer in 1946 and the beginning of other advances in the area of civil rights. For example, that same year a federal district court ruled that a California school district s practice of segregating Mexican American schoolchildren was unconstitutional (Mendez v. Westminister School District). Two years later, the Californian Supreme the individual player. So if judges are really going to be like umpires, they need to look at the people in front of them. Second, umpires strike zones can differ. Diversity exists in the world, and it should exist on the bench as well, she said. As for applying the rules, Karlan pointed out that while some of baseball s rules have precision, others call on the umpires to do justice. For example, MLB Rule 7.06(a) directs MARCH/APRIL 2011 SACRAMENTO LAWYER 13
Events umpires to award runners the bases they would have reached, in the umpire s judgment, if there had been no obstruction in the base paths. This is equity if I ve ever seen it, she said. Karlan also mused on changes that have occurred in the area of baseball recruitment. Perhaps one reason that minorities were historically excluded from professional baseball, she said, is because of how talent scouts rated players. Traditionally, baseball insiders mistakenly rated players based on how they looked, rather than how they performed. It was not until Billy Beane made the Oakland Athletics one of the most successful teams in baseball using performance data to hire players, that this new method Marriage has always meant a relationship between one man and one woman; and raising children same-sex couples either aren t raising children or can t do it as well as oppositesex couples. But baseball teaches us that we need to rethink these traditions, Karlan said. When tradition barred black Americans from majorleague teams, they did not stop trying; they still played a spirited, excellent brand of baseball. And, so too, it is with gay couples, Karlan said. Even when denied the tangible rights, the social approval, and the reinforcement that formal marriages provide, millions of same-sex couples have nonetheless spent their lives together, forming bonds every bit as strong and valuable to themselves, their families, and Kimberly Reyes and Augustine Jimenez La Raza President Jose Borrego and Professor Fred Galves WLS President Jeffifer Rouse and CWL President Jennifer 2010 SCBA President Todd Vlaanderen and Judge Thadd Blizzard Tony Lewis, Nancy Sheehan and Sophia Kwan became acceptable. Later followers of this data-driven approach became general managers in other cities most notably, Toronto and Boston. Karlan posited that, here too, the law can learn something from baseball. The Bay Area, Canada, and Massachusetts are not only outposts of new thinking in baseball; they re also outposts of new thinking abut same-sex marriage as well. Just as discriminatory recruitment for baseball was tied to tradition, so too, the two most widespread arguments against same-sex marriage rest on tradition, she said. That is, traditionally, their communities as the bonds formed by their straight relatives and neighbors. As for gays raising children, Karlan said, as with baseball, here too, we need to look at the hard data versus stereotypes. She says all the evidence shows that two-parent, stable households are best for children; and that s just as true of loving, two-parent gay or lesbian households as well. The most reliable long-term studies indicate that children raised by gay or lesbian parents do as well as their counterparts raised in straight households when it comes to school and 14 SACRAMENTO LAWYER MARCH/APRIL 2011
Events ate more justice and not just more law. The program concluded with the Unity Bar organizations presenting their student scholarships and community service awards to deserving recipients from their respective communities. The evening ended with many happy silentauction winners leaving with their treasures in tow. The Unity Bar thanks Professor Karlan for taking the time out of her busy schedule to be our keynote speaker. We also thank this year s Master of Ceremonies, Sacramento Superior Court Judge Laurie Earl. Judge Earl did a terrific job keeping the program moving and finishing the program right on schedule leaving time for everyone to mingle and enjoy the art work on display. We also thank Marguerite Schaffron for providing the outstanding collection of her art work for the silent auction. Finally, we thank the jazz quartet, Attractive Nuisance, for providing the music that set the mellow mood for everyone to enjoy. The Unity Bar planning committee members for 2010 were Jeff Bedell, Chairperson (SacLEGAL), Kara Ueda (ABAS), Michael Terhorst (La Raza), Sarah Asplin (SacLEGAL), Jamie Errecart (WLS), Shama Mesiwala (SABA), Endy Ukoha- Ajike (WMBA), and Patricia Tsubokawa Reeves, Amilia Glikman, and Larry Duran (Unity Bar). 2010 Unity Dinner Planning Committee with Keynote Speaker Professor Pamela Karlan: (L-R): Endy Ukoha-Ajike, Amilia Glikman, Jeff Bedell, Kara Ueda, Michael Terhorts, Larry Duran, Professor Karlan, Judge Laurie Earl, Patty Reeves, Sarah Asplin, and Jamie Errecart. (Not shown: Shama Mesiwala) employment. They also report similar levels of subjective well-being and have an equal ability as adults to build their own marriages and partnerships. Karlan concluded her speech with another baseball analogy. Just as baseball is played better when we respect the diverse talents that contribute to the game and go beyond stereotypes about who can play well, so too, America is made stronger if we respect the many kinds of families that make up our nation. She went on to say that when the courts seem increasingly hostile to claims by poor people, institutionalized persons, children, and members of racial and other minorities, it s important to not just complain about it; instead, we should be working hard to cre- The Unity Bar thanks all of its sponsors and everyone who attended the dinner event. Without your support, the Unity Dinner would not have been such a success. The committee hopes that all those in attendance enjoyed the evening and will join us again next year for Unity Dinner 2011. Larry Duran is a Senior Deputy City Attorney with the Sacramento City Attorney s Office, and a staff editor for the Sacramento Lawyer. He also serves on the Unity Bar planning committee. MARCH/APRIL 2011 SACRAMENTO LAWYER 15
Events SacLEGAL Marks 15th Anniversary in Veteran s Day Bash Patrick Holstine, SacLEGAL Co-Chair Professor Larry Levine and SacLEGAL Co-Chair Patricia Eichar Jinnifer Pitcher and 2010 SCBA President Todd Vlaanderen Sacramento Lawyers for the Equality of Gays and Lesbians (SacLEGAL) celebrated its 15th Anniversary in November by hosting a dinner at the Casa Garden Restaurant in Sacramento on Veterans Day. The special guest speaker for the event was Ty Redhouse, President of the Sacramento Valley Veterans, a lesbian, gay, bisexual and transgender (LGBT) veterans group. Redhouse spoke about serving in the military under the Don t Ask, Don t Tell policy and the difficulties the policy caused for him as an LGBT individual who had to hide his identity in order to keep his job. Redhouse was honored at the event with an award for his military service and his work with LGBT veterans. SacLEGAL chose Redhouse as the guest speaker and Veterans Day as the date of the celebration to bring attention to the efforts to repeal Don t Ask, Don t Tell. Little did they know that the United States Congress would do just that the following month. More than 80 people attended the celebration, making this the largest event in SacLEGAL s 15-year history. Attendees included SacLEGAL members, members of other Sacramento County Bar Association (SCBA) affiliates, local law students, and several LGBT veterans including some currently on active duty. SacLEGAL Co-Chairs Patricia Eichar and Patrick Holstine One of the founders of SacLEGAL, Pacific McGeorge Professor Larry Levine, was also honored at the celebration for his role in bringing the group into existence. Besides marking the 15th anniversary of the group, SacLEGAL was also in a mood to celebrate after successfully taking the lead in hosting the recent Unity Bar dinner. From its humble beginnings, the group now has 50 active members and is a voting member of the SCBA board. 16 SACRAMENTO LAWYER MARCH/APRIL 2011
Cover Story Trends in the Practice of Law: The Voices of Experience Speak By Steve Sphar Inthe Fall of 2010, Sacramento Lawyer interviewed managing partners and senior attorneys at eleven major law firms in Sacramento about trends that have influenced the practice of law over the last decade. Their responses revealed several interesting themes about the economy, technology and the changing demographics of the work force. The single most significant impact noted by all of the interviewees was the economic downturn of the last two 18 SACRAMENTO LAWYER MARCH/APRIL 2011 years. Because the Sacramento economy relies heavily on the real estate market, the local economy has suffered disproportionately during the recession. And, because much of the local legal practice depends on real estate and the related areas of land use, government regulatory work, construction, finance, and litigation, those practice areas have also suffered. Space does not allow us to capture all of the insights and ideas discussed. This article will briefly touch on five major
Cover Story themes that emerged. These themes represent overlapping trends with interdependent effects: client demands to manage costs, hiring trends, more sophisticated legal work, generational attitudes, and technology. The Demand to Manage Costs All firms are addressing client demands to manage costs. The recent recession has caused contraction or slower growth for many businesses. This slow down has accelerated a trend that started years before: a growing pressure from clients to reduce and manage legal costs. While the majority of legal work is still done by hourly rate, a growing number of clients are requesting alternative fee arrangements. In some cases, a monthly retainer fee to cover all routine business advice has been negotiated. In others, where a firm has had a long history of handling litigation or other particular types of transactions, flat fees or phased fees are becoming more common because they help clients predict costs and cash flow. Even where the standard hourly rate is used, clients often request discounted fees or blended fees (one rate for all attorneys, or for all categories of attorneys). Clients are sophisticated, said Gene Tanaka of Best Best & Kreiger LLP. They see the difference between complex work and routine work and they want the rates to reflect this. Adding to this downward pressure on legal costs in Sacramento are firms in other cities that are commoditizing transactions and charging low flat rates, such as $7500 for a commercial lease with standardized forms and processes. Clients see these examples elsewhere and want Sacramento firms to adjust to these practices. Hiring Trends Law firm expansion has slowed from the rate of a decade ago. During this earlier period of growth, large firms were hiring many new graduates and salaries increased to what became unsustainable levels. Immediately after 2008-09 recession, firms pulled back on hiring and in some cases withdrew offers. Hiring has not risen to those pre-2008 levels and may not for some time. The slow hiring market for attorneys had a related effect on the traditional career path. While the traditional partnership track still predominates, many attorneys are exploring alternatives. Even the traditional partnership track has changed and can take longer than the historic 5-7 years. This change has been caused, in part, by lower revenues, but also because many associates are asking for a slower track to take time for home life, children or other personal reasons. Another option to the partnership track has been an increase in attorneys becoming career associates or of counsel. The recession has also created a pool of experienced mid-career attorneys, who might not have considered Sacramento in the past, but who are now available and will consider a move to pursue their career. This has allowed Sacramento firms with specific needs to fill targeted slots with top drawer talent. More Sophisticated Work Historically, local area firms serviced local businesses, said Jeff Koewler of Downey Brand. But increasingly, Sacramento law firms are being recognized for their deep expertise and their experience in handling large complex transactions. Fortune 500 companies now routinely use local firms for work that is national in scope. Interestingly, this has allowed rates and revenues for local firms to increase in some cases because Sacramento firms now compete with large firms in San Francisco, Los Angeles or New York for this work. As these large clients look to reduce costs, the billable rates of Sacramento firms look more attractive. An additional benefit to the increase in complex work has been an increase in the willingness of top law school graduates from national schools to come to Sacramento because the area is seen as supporting a premier practice. Generational Attitudes More so than in previous generations, younger attorneys have a different perspective on what they want out of a legal career. For the baby boomers, gaining expertise and advancing in their careers was paramount. While these goals are still important to new lawyers, they place a greater emphasis on work-life balance and on personal development and fulfillment. This change creates real tensions and new conversations in many law firms. Managing partners realize that these new preferences must be accommodated but struggle to balance the demands of a new generation with the realities of running a law practice and meeting the needs of their clients. These new preferences may force changes in old assumptions, and the old economics, of large firm practice. In any given firm, there might be the traditional mix of associates and partners, as well as career associates, of counsel, associates on a slow track to partnership, and partners who want to work fewer hours for less remuneration. Juggling the revenue requirements and compensation levels for this mix is a real challenge, says Mike Kvarme of Weintraub Genshlea Chediak. We have to remain economically viable as a business while maintaining a sense MARCH/APRIL 2011 SACRAMENTO LAWYER 19
Cover Story of fairness. We opt for being transparent and open about our finances and try to work out the numbers to each person s satisfaction. Technology As everyone knows, technological advances have exploded in the last 10 years. Smart phones, laptops and internet capabilities have created client expectations of constant availability and immediate document review and response. Electronic filing and e-discovery make the practice of law both more complex and more organized. One noteworthy aspect of the technology boom is the change in staffing ratios. In previous generations, one secretary supported one attorney by typing, filing, scheduling, and screening telephone calls. Technology has allowed much of this work to shift to attorneys, who create and manage many of their own documents, handle their own calendars and take their own client calls. A secretary now often supports three or more attorneys. New attorneys are more comfortable in this brave new digital world. As Blair Shahbazian of Murphy Austin put it: The younger attorneys are very tech savvy and often mentor the older generation of lawyers in navigating technology. Advice to young lawyers We asked all the interviewees what advice they would give to young lawyers starting out in their careers. Here are their top responses. 1. Specialize Law is too complex now to allow a general practice in all areas. Differentiate yourself by picking an area to focus on and become recognized as an expert. Select something for which you have passion, something that fuels you as a person as well as an attorney, because you will be working hard at it for a long time. (See #2 below) 2. Work hard It may sound like advice from your grandmother, but this old saw is true. Becoming an excellent attorney requires a steep learning curve. It will take two to three years of hard work just to become minimally competent and perhaps ten years to master your field. Take courses, read books and study cases related to your practice area. I can t stress this enough to young lawyers, said Mark Harrison of Diepenbrock Harrison. It is vital that you put in the effort to achieve excellence. The rewards will be there because there is an unending thirst for excellence in the legal profession. 3. Network and develop business This is a critical skill for every attorney. One way to develop your networking skills is to be active in bar groups, Inns of Court, Barristers Club, chambers of commerce, and other civic groups. Consider everyone you meet a potential contact, even opposing lawyers. Everyone you meet will be in charge of some piece of the world someday, opined Norm Hile of Orrick. Rainmakers are even more valuable now than in the past, advises Bruce Scheidt of the Kronick firm. The ability to develop business is your best career security, and that means building relationships. 4. Don t be afraid to go analog Touch a file, touch a book, touch a person, was the advice of Nancy Sheehan of Porter Scott, echoed by several other interviewees. If you do all your research and file review online, you miss the greater context and subtle clues you get when you read the handwritten notes of a case file or thumb through an annotated code. Online research is great but don t ignore other resources. And don t over rely on email. Sometimes the best course is to call an opponent and offer to discuss a discovery dispute over coffee. Law is still a relational profession. 5. Develop a skill outside of law This can be formal education, such as an MBA or broker s license, or informal, such as learning a foreign language or becoming an expert at spreadsheets and financial statements. Adding a skill outside of the law increases your value and gives you a greater scope of experience from which to draw, said John DiGiusto of Boutin Jones. 6. Be of service Many of the interviewees offered this bit of wisdom: Be of service to be happy. Find ways to give something back, said Norm Hile. Our education and experience as lawyers suit us uniquely to give back to the world at large, whether it is taking on pro bono work or volunteering on the board of a nonprofit. It makes the world better and it makes life richer and more meaningful. Sacramento Lawyer wants to thank the following attorneys and firms who agreed to be interviewed for this article. Jeff Koewler Downey Brand Bruce Scheidt Kronick Moskovitz Tiedemann & Girard Mike Kvarme Weintraub Genshlea Chediak Nancy Sheehan Porter Scott Norm Hile Orrick, Herrington & Sutcliffe Blari Shahbazian Murphy Austin Adams Schoenfeld LLP Mike Polis Wilke, Fleury, Hoffelt, Gould & Birney Mark Harrison Diepenbrock Harrison Gene Tanaka Best Best & Krieger LLP John DiGiusto Boutin Jones Carol Livingston Greenberg Traurig Steve Sphar, an executive coach, organization development consultant and former attorney, helps businesses optimize their performance and potential. He can be reached at steve@stevesphar.com. 20 SACRAMENTO LAWYER MARCH/APRIL 2011