March / April 2007 - Sacramento County Bar Association
March / April 2007 - Sacramento County Bar Association
March / April 2007 - Sacramento County Bar Association
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<strong>March</strong>/<strong>April</strong> <strong>2007</strong><br />
SACRAMENTO<br />
COUNTY BAR<br />
ASSOCIATION<br />
MAGAZINE<br />
Attorneys & Retirement<br />
Retiring Minds Want to Know<br />
Is There Life After Law?<br />
How Do<br />
Senior Lawyers<br />
Find Work?<br />
Pet Lovers<br />
A Legal Romp<br />
Operation<br />
Protect & Defend-<br />
A Commitment<br />
to Civic Education
EDITORS-IN-CHIEF<br />
Helene Friedman<br />
Helene.Friedman@dss.ca.gov<br />
Heather Cline Hoganson<br />
Hhoganson@cgcc.ca.gov<br />
SACRAMENTO LAWYER<br />
POLICY COMMITTEE<br />
John Bachman<br />
Stacy Boulware Eurie<br />
Nicole DeSantis<br />
Helene Friedman<br />
Coral Henning<br />
Yoshinori H.T. Himel<br />
Heather Cline Hoganson<br />
Christopher Krueger<br />
Joan Stone<br />
COURTHOUSE STEPS<br />
ADVERTISING – EVENTS<br />
MEMBER CLASSIFIED ADS<br />
Michelle Bender (916) 448-1087 x 200<br />
DESIGN AND LAYOUT<br />
Mary Burroughs Publication Design<br />
MJBdesign@aol.com<br />
SURFING FROM RIVER CITY<br />
Coral Henning (916) 874-6013<br />
chenning@saclaw.org<br />
SACRAMENTO COUNTY BAR<br />
ASSOCIATION OFFICERS<br />
Stacy Boulware Eurie – President<br />
Christopher Krueger – 1 st Vice President<br />
(Vacant) – 2 nd Vice President<br />
Mike Mills – Secretary Treasurer<br />
BAR COUNCIL MEMBERS<br />
Kevin Adamson<br />
Amal Abu-Rahma<br />
Bunmi Awoniyi<br />
Hooshie Broomand<br />
Michael Bowman<br />
Renee Carter<br />
Jonathan Ellison<br />
Antonia Darling<br />
Helene Friedman<br />
Jeffrey Frost<br />
J. Michelle Hahn<br />
Victoria Jacobs<br />
Emory King<br />
Ted Lindstrom<br />
Theresa LaVoie<br />
Michael Levy<br />
Lehoa Nyguen<br />
Mike Pearson<br />
Mark Slaughter<br />
Elizabeth Spring<br />
R Todd Vlaanderen<br />
Kerri Webb<br />
Rebecca Westmore<br />
Each author’s commentary reflects her or<br />
his individual opinion only and not that of<br />
their employer, organization with which<br />
s/he is affiliated, or <strong>Sacramento</strong> Lawyer<br />
magazine, unless otherwise stated.<br />
<strong>Sacramento</strong> Lawyer (USPS 0981-300) is published<br />
bi-monthly by the <strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong><br />
<strong>Association</strong>, 901 H Street, Suite 101, <strong>Sacramento</strong>,<br />
CA 95814. Issn 1087-8771. Annual subscription<br />
rate: $6.00 included in membership dues, or<br />
$24.00 for nonmembers. Periodicals postage paid<br />
at <strong>Sacramento</strong>, California.<br />
Postmaster: Send address changes to <strong>Sacramento</strong><br />
Lawyer, 901 H Street, Suite 101, <strong>Sacramento</strong>, CA<br />
95814. Copyright 1999 by the <strong>Sacramento</strong><br />
<strong>County</strong> <strong>Bar</strong> <strong>Association</strong>.<br />
VOLUME 107, NUMBER 2 •MARCH/APRIL <strong>2007</strong><br />
RETIRING MINDS WANT TO KNOW<br />
12 How Do Senior Lawyers Find Work In or Outside of Law?<br />
16 Six Perils of Retirement<br />
18 “And for my next trick…;” Is there Life After Law?<br />
19 Preparing for Life After Law<br />
24 From Large Firms to Legal Aid - John Davis and His<br />
Active “Retirement”<br />
CIVIL LAW & MOTION NOTES<br />
8 Making and Opposing Motions to Seal Files or Documents<br />
SCBA NEWS AND EVENTS<br />
14 SCBA Annual Meeting<br />
30 SCBA Holiday Cheer<br />
SECTION AND AFFILATE NEWS<br />
22 A Year's Activity for Asian <strong>Bar</strong> and<br />
ABAS Law Foundation<br />
25 <strong>Bar</strong>risters Provide Introduction to the<br />
<strong>Sacramento</strong> Legal Community<br />
25 <strong>Bar</strong>risters' Club Upcoming Events<br />
26 WLS Installs New Officers and<br />
Directors<br />
31 <strong>Bar</strong>rister of the Month:<br />
Kimberly A. Norvell<br />
34 Justice Robie Shares His Insights on<br />
Water Law; Environmental Law<br />
Section Awards Scholarships<br />
26<br />
COMMUNITY SERVICE<br />
7 Protect and Defend seeks Volunteers<br />
21 Mid-December Training Certifies Several Hundred as Temporary Judges<br />
28 VIP Mentors Enjoy A Night of Basketball<br />
32 VLSP: Volunteer Opportunities for Emeritus Attorneys<br />
32 Problem Gambling Awareness Week<br />
DEPARTMENTS<br />
6 Editors' Message<br />
7 President's Message<br />
10 Law Library News<br />
29 In Memoriam: Thank You, Tommy Clinkenbeard<br />
33 Courthouse Steps<br />
35 Classified Advertisements<br />
35 Index to Advertisers<br />
SACRAMENTO<br />
COUNTY BAR<br />
ASSOCIATION<br />
MAGAZINE<br />
<strong>Sacramento</strong> Lawyer welcomes letters and article suggestions from readers. Please e-mail them to the Co-Editors, Helene Friedman<br />
(Helene.Friedman@dss.ca.gov) or Heather Cline Hoganson (Hhoganson@cgcc.ca.gov). The <strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong><br />
reserves the right to edit articles and letters sent in for publication. Please contact SCBA 916-448-1087 x204 for deadline<br />
information, fax 916-448-6930, or e-mail scba@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted<br />
to <strong>Sacramento</strong> Lawyer become the copyrighted property of the <strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong>. Returns of tangible items such<br />
as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.<br />
34<br />
21<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
3
I’m<br />
6 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Editors’ Message<br />
Planning for the Future Helene Friedman &<br />
Heather Cline Hoganson<br />
always planning for the future. And I'm<br />
always trying to assess what will improve my<br />
current condition. I analyze, research, contemplate, obsess<br />
and fantasize about whatever I forecast is the next phase of my<br />
life. That's what got me into law school from entertainment<br />
and to California from New York, into a house from an apartment<br />
and to surrounding myself with Australian Shepherds<br />
from having no contact with animals, ever (not much room for<br />
them in teeny NYC studios).<br />
This issue is all about the<br />
future: our future. Eventually,<br />
we'll all retire (I refuse to contemplate<br />
the alternative). Last<br />
fall, <strong>Sacramento</strong> Lawyer<br />
received an article from Melissa<br />
Meith, former Director of the<br />
Office of Administrative<br />
Hearings. Melissa enticed us<br />
with her frank, witty musings<br />
on her new status: an “inactive”<br />
member of the State <strong>Bar</strong>. She<br />
inspired us to fix on retirement<br />
as this issue's theme. Kim-An<br />
Hernandez and Dennis C.<br />
Huie provided us a more nutsand-bolts<br />
“what to do with your<br />
practice when you retire” view.<br />
And David Corbett, a Boston<br />
writer, warns us how to avoid<br />
the turbulence and trauma of<br />
that change from 'being' to say-<br />
ing, well, “I used to be . . . “<br />
Vicki Jacobs profiles John<br />
Davis, a retired big firm partner,<br />
who has volunteered at<br />
Legal Services of Northern<br />
California (LSNC) for the last 6 years and has become LSNC's<br />
de facto in house business lawyer. Vicki, the Managing<br />
Attorney of Voluntary Legal Services Program (VLSP), also<br />
shares how lawyers can participate in VLSP's Emeritus Pro<br />
Bono Program. Additionally, Hindi Greenberg - many of you<br />
know her as the woman who teaches lawyers what to do with<br />
their law degrees other than practice - provides us with her<br />
insights for senior lawyers.<br />
And check out the great retirement websites Mareth Wilson,<br />
our Public Services Librarian, compiled for the magazine.<br />
Moreover, I've included in this column essential blogs for the<br />
well-informed lawyer (retired or not). One of them is routinely<br />
checked by federal judges (or so one among their ranks told me):<br />
http://www.abovethelaw.com,http://www.anonymouslawyer.blogspot.<br />
com, and http://lawprofessors.typepad.com/whitecollarcrime_blog.<br />
A note about the governing body of the <strong>Sacramento</strong><br />
<strong>County</strong> <strong>Bar</strong> <strong>Association</strong>, the <strong>Bar</strong> Council. On January 27,<br />
<strong>2007</strong>, the entire Council met for 6 1/2 hours with Hildy<br />
Gottlieb and Dimitri Petropilis. Hildy is an extraordinary<br />
facilitator who, with Dimitri, assists nonprofit organizations in<br />
SCBA <strong>2007</strong> <strong>Bar</strong> Council - Seated: Amal Abu-Rahma, Theresa LaVoie, Emory King, Helene<br />
Friedman; Standing: Lehoa Nyguen, Kevin Adamson, Christopher Krueger, Karen Stevens, Kerrie<br />
Webb, Vicki Jacobs, Stacy Boulware Eurie, Mark Slaughter, J. Michelle Hahn, Antonia Darling,<br />
Carol Prosser and facilitator, Hildy Gottlieb. Photo by Dimitri Petropilis<br />
prioritizing goals, communicating with members, contemplating<br />
the adequacy of their facilities, et al. The ultimate goal is<br />
improving “organizational wellness.” What does that mean?<br />
Well, the Council wants to serve you better and is working to<br />
do that by analyzing, contemplating and planning for the<br />
future of our <strong>Association</strong> so membership will benefit you<br />
whether you're a government lawyer, in house counsel, big<br />
firm or small firm associate or partner. The <strong>Sacramento</strong> legal<br />
community is collegial, conscious and humane. The Council<br />
is working to make it better and to make our <strong>Association</strong> more<br />
relevant to you. The SCBA is not retiring but solidly preparing<br />
for the next phase of our future.
Stacy Boulware Eurie<br />
T<br />
President’s Message<br />
In Full Swing<br />
in <strong>2007</strong><br />
he new year is in full swing and as pictured throughout<br />
this month's magazine, the SCBA, its affiliates,<br />
and sections are already busy at work. Wiley Manuel <strong>Bar</strong><br />
<strong>Association</strong> President Jean-Pierre Francillette, WMBA member<br />
Renee Carter and others put in many hours to make the<br />
Eighth Annual Martin Luther King Jr. Dinner a success.<br />
<strong>Bar</strong>risters' Club President Hooshie Broomand, Executive<br />
Vice President Ashley West and other members of the<br />
<strong>Bar</strong>risters' Club of <strong>Sacramento</strong> facilitated the highly regarded<br />
Bridging The Gap® program, an orientation for new lawyers<br />
and Melinda Williams and Coral Henning of the<br />
<strong>Sacramento</strong> Law Foundation<br />
hosted their annual Crab<br />
I mention<br />
these events<br />
to highlight<br />
just some<br />
of the many<br />
ways that<br />
the SCBA’s<br />
lawyers roll<br />
up their<br />
sleeves after<br />
a long day<br />
at work.<br />
Feed fund-raising event. The<br />
SCBA's own <strong>Bar</strong> Council participated<br />
in a fruitful daylong<br />
planning retreat to further<br />
its goal of renewing itself<br />
and finding new ways to contribute<br />
to our community.<br />
I mention these events to<br />
highlight just some of the<br />
many ways that the SCBA's<br />
lawyers roll up their sleeves<br />
after a long day at work.<br />
When work is done, and<br />
sometimes when it is not, we<br />
must make time for our families<br />
and ourselves. Retiring<br />
Minds Want To Know how to<br />
prepare for the point at which<br />
we close our office doors for<br />
good and the articles featured<br />
herein are aimed at providing<br />
you with varying perspectives<br />
on how to prepare for and<br />
enjoy your retirement.<br />
Whether you are retiring<br />
within the next five years or<br />
the next 20 years, the SCBA,<br />
its affiliates and sections provide<br />
numerous opportunities<br />
for you to remain active in<br />
our legal community. Even if<br />
you and your family just take a walk in Legal Services of<br />
Northern California's Annual Valentine<br />
Fun Run, there are many ways to be<br />
active and I challenge everyone to do just<br />
that - be active in <strong>2007</strong>.<br />
Operation Protect<br />
& Defend<br />
A Commitment to Civic<br />
Education by Lawyers and Judges<br />
Seeks Volunteers for its <strong>2007</strong><br />
Education Program Series<br />
In 2001, in response to alarming statistics showing<br />
a significant percentage of high school and<br />
college students lacked even a basic understanding<br />
of the Constitution and American government<br />
and its history, a group of lawyers and judges<br />
from the <strong>Sacramento</strong> region formed “Operation<br />
Protect & Defend.”<br />
The judges, lawyers and teachers involved in<br />
Operation Protect & Defend have created an engaging<br />
and inspiring program focusing on the historically<br />
important aspects of American Government<br />
and the U.S. Constitution. Our high school program<br />
for 2006-07 relies on the true story of a 1906 lynching<br />
in Chattanooga, as described in the book<br />
Contempt of Court by Mark Curriden.<br />
This year's program will include three segments:<br />
1) teacher-led introduction of the story and<br />
Constitutional rights; 2) the Dialogue on America,<br />
where a lawyer-judge team will engage students in<br />
a dialogue about the Constitution and the principles<br />
in Contempt of Court; and 3) the Story of<br />
America essay contest.<br />
Operation Protect and Defend seeks volunteers to<br />
participate in the Dialogue on America and to<br />
grade the essay contest. If you are interested in<br />
helping, please contact Heather Candy at (916) 340-<br />
2849 or hcandy@pkwp-law.com or Alf W. Brandt at<br />
(916) 319-2761 or Alf.Brandt@asm.ca.gov.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
7
8<br />
Litigators often represent clients who wish to avoid any<br />
publicity that accompanies a lawsuit. The client may<br />
instruct the attorney to take steps to make sure the matter<br />
stays out of the press by closing the hearing and/or sealing<br />
sensitive documents to be filed, or even the entire file. The<br />
lawsuit may concern sensitive issues regarding a minor that<br />
the parents do not want to become public knowledge for fear<br />
of causing further injury to the child. The lawsuit may<br />
involve a trade secret that the client does not want to get into<br />
the hands of a competitor or involve adverse information that<br />
others could use to their advantage. There also may be matters<br />
concerning the attorney-client privilege in which documents<br />
need to be sealed pending determination as to whether<br />
or not the privilege applies. This column will address the<br />
steps to take and the evidence to present in either making or<br />
opposing a motion to seal a file or a portion thereof. In the<br />
next issue of <strong>Sacramento</strong> Lawyer, this column will address<br />
motions to close a hearing or a portion of a trial.<br />
My usual disclaimer applies. Nothing herein is to be considered<br />
a local rule of court, an unwritten rule, or a court policy.<br />
What follows are simply the views of one judge, who reserves the<br />
right to change his mind.<br />
The Rules of Court were amended and renumbered effective<br />
January 1, <strong>2007</strong>. With respect to the rules concerning the<br />
sealing of files and documents, matters that were formerly governed<br />
by CRC Rules 243.1 -243.2 are now covered by CRC<br />
Rules 2.550 - 2.551.<br />
Counsel seeking to seal a file or a portion thereof must file a<br />
motion accompanied by a memorandum of points and authorities<br />
and a declaration containing facts that justify an order sealing such<br />
documents. CRC Rule 2.551(b)(1) [formerly CRC Rule<br />
243.2(b)(1)]. The papers must be served on all parties to the<br />
action. CRC Rule 2.551(b)(2) [formerly CRC Rule 243.2(b)(2)].<br />
An unredacted version of the document must be lodged with the<br />
court at the time the motion is filed and placed conditionally under<br />
SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Litigation<br />
Making and Opposing Motions<br />
to Seal Files or Documents<br />
In dealing with a motion to seal<br />
documents, the Court must begin with<br />
the presumption that all court records<br />
are open, unless confidentiality is<br />
required by law.<br />
By Judge Loren McMaster<br />
seal. CRC Rule 2.551(b)(4) and (5) [formerly CRC Rule<br />
243.2(b)(4)]. Absent a court order, the party that is already in possession<br />
of the documents at issue must be served with both an<br />
unredacted and redacted version of the papers. CRC Rule<br />
2.551(b)(2) [formerly CRC, Rule 243.2(b)(2)].<br />
In dealing with a motion to seal documents, the Court must<br />
begin with the presumption that all court records are open, unless<br />
confidentiality is required by law. CRC Rule 2.550(c) [formerly<br />
CRC Rule 243.1(c)]. In addition the court must be concerned with<br />
the right of a party, particularly a defendant in a criminal case, to<br />
receive a fair trial which right may be impaired if documents are<br />
left unsealed. See People v. Jackson (2005) 128 Cal.App.4th 1009,<br />
1023 [relating to Michael Jackson's criminal trial]. Before ordering<br />
documents or files to be sealed, the Court must make the findings<br />
required by CRC Rule 2.550(d) [formerly CRC Rule 243.1(d)].<br />
This rule of court is based upon the findings that the Supreme<br />
Court determined to be necessary in<br />
NBC Subsidiary (KNBC) v. Superior<br />
Court (1999) 20 Cal.4th 1178. “An<br />
order sealing the record must: (A)<br />
specifically set forth the facts that support<br />
the findings and (B) direct the<br />
sealing of only those documents and<br />
pages, or, if reasonably practicable,<br />
portions of those documents and<br />
pages, that contain the material that<br />
needs to be placed under seal. All<br />
other portions of each document or<br />
page must be included in the public<br />
file.” CRC Rule 2.550(e)(1) [formerly<br />
CRC Rule 243.1(e)(1)].<br />
The mechanics of filing a document under seal are set forth in<br />
CRC Rule 2.551 (b) and (d) [formerly CRC Rule 243.2(d) and (e)].<br />
Often parties will prepare stipulated protective orders that purport<br />
to require that certain documents be sealed. However, parties<br />
cannot stipulate away the requirements of CRC Rules 2.550 and<br />
2.551 without first obtaining a court order. CRC Rule 2.551(a) [formerly<br />
CRC Rule 243.2(a)]. Any protective order must contain the<br />
findings required by CRC Rule 2.550(d) before any file or document<br />
may be sealed. Huffy Corp. v Superior Court (2003) 112<br />
Cal.App. 4th 97. An agreement between the parties not to disclose<br />
documents between the parties may constitute an “overriding interest.”<br />
Nevertheless, there must be a finding based on admissible evidence<br />
that such interest would be prejudiced by disclosure. Huffy<br />
Corp. v Superior Court (2003) 112 Cal App.4th 97; Universal City<br />
Studios v. Superior Court (2003) 110 Cal.App.4th 1273. Evidence<br />
must be presented in the moving papers to support each of the<br />
required findings. It will be very helpful to the judge if counsel prepares<br />
and presents a proposed order containing the required findings<br />
with reference to the supporting evidence.
It is generally too late to request that a previously filed document<br />
be placed under seal. “[B]ecause the information is already<br />
public, the harm to the patient's privacy has already occurred and<br />
cannot be prevented by the order. While we are sympathetic to the<br />
trial court's concerns, neither the state nor the federal Constitution<br />
permits the court to lock the barn door after the horse is gone.”<br />
Hurvitz v. Hoefflin (2000) 84 Cal.App. 4th 1232, 1245. In Hurvitz,<br />
the records in question were part of the public record only one day<br />
before the trial court ordered them sealed.<br />
CRC Rules 2.550 and 2.551 “do not apply to records that<br />
are required to be kept confidential by law.” CRC Rule 2.550<br />
(a)(2). The “rules do not apply to discovery motions and<br />
records filed or lodged in connection with discovery motions or<br />
proceedings.” CRC Rule 2.550 (a)(5). “However, the rules do<br />
apply to discovery materials that are used at trial or submitted<br />
as a basis for adjudication of matters other than discovery<br />
motions or proceedings.” Id.<br />
A party who intends to use documents subject to a protective<br />
order or confidentiality agreement, but does not seek to file such<br />
documents under seal, must provide the other party or parties<br />
notice of such. If an affected party fails to file a motion within 10<br />
days of service of the notice seeking to have such documents filed<br />
under seal, the documents will be placed in the public record. CRC<br />
Rule 2.551(b)(3). The rule also sets forth the procedure to be filed<br />
by the party seeking to use the documents at trial.<br />
Any party, member of the public, or the Court on its own<br />
motion, may file a motion to unseal the records that previously<br />
had been sealed. The motion must be presented both in a public<br />
version (i.e., redacted) and a sealed complete version. CRC Rule<br />
2.551(h)(2) [formerly CRC Rule 243.2(h)(2)]. Rule 2551(h)(4)<br />
requires the Court to consider the matters set forth in forth in<br />
Rule 2.550(c)-(e) in making its determination whether to unseal<br />
the file or document. However, no findings comparable to those<br />
required by CRC Rule 2.550(d) are required before the trial court<br />
grants a motion to unseal the previously sealed records. The trial<br />
court's ruling is reviewed under the substantial evidence standard,<br />
considering all evidence in the record, both sealed and unsealed.<br />
In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292.<br />
If the records sought to be sealed are voluminous, the court<br />
may (1) appoint a referee and “fix and allocate the referee's fees<br />
among the parties” (CRC Rule 2.551(e)(2) [formerly CRC Rule<br />
243.1(e)(2)] and/or (2) if those documents are in the custody<br />
of a public agency, the court may order that such agency maintain<br />
custody of the documents (CRC Rule 2.551(g) [formerly<br />
CRC Rule 243.2(g)]).<br />
An appellate court recently emphasized that the default position<br />
of every court must be that files will not be sealed based on<br />
the wishes and convenience of the parties. The Court held that<br />
Family Code section 2024.6, which provided that upon the<br />
request of any party to a divorce proceeding the court must seal<br />
the documents that set forth the parties financial assets and liabilities,<br />
was unconstitutional on its face on First Amendment<br />
grounds (violating the general public's First Amendment right of<br />
access to such information). Burkle v. Burkle (2006) 135<br />
Cal.App.4th 1045. The Court suggested that a more narrowly<br />
drawn statute might survive constitutional challenge. 135<br />
Cal.App.4th at 1070, fn. 30.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
9
Rosie<br />
Pet Lovers: A Legal Romp<br />
Iinvite you to join us for “Come Together…Pets Lovers: A<br />
Legal Romp” during National Library Week, <strong>April</strong> 15 through<br />
<strong>April</strong> 21, <strong>2007</strong>.<br />
The law library is collaborating with the City of <strong>Sacramento</strong><br />
Animal Shelter, whose mission it is to care for lost, injured or abandoned<br />
animals, educate the public on spaying & neutering and<br />
work with police, fire and other rescue efforts for animal safety.<br />
'A Legal Romp' will be a weeklong program of pet-centric<br />
events. It will include “My Best Friend,” an art show of mixed<br />
media artwork as well as a series of educational classes such as<br />
“Estate Planning for Your Companion Animal/Pet” and “Dog Bites:<br />
Tips & Techniques in Preventing Canine Litigation” and a class on<br />
“Emergency Pet Preparedness.”<br />
The week culminates in a Yappy Hour reception on Friday<br />
<strong>April</strong> 20th from 5:30pm - 7:30pm. The Animal Shelter's S.N.O.<br />
(Spay Neuter Outreach) mobile trailer will be parked in front of<br />
the library, for a Pet Adopt-a-thon. There will be food catered by<br />
Mulvany's Building and Loan and beverages by local wineries &<br />
breweries. All proceeds will benefit the City of <strong>Sacramento</strong> Animal<br />
Shelter. Suggested donation is $10 and the first 100 participants<br />
will receive a free emergency pet preparedness kit. Unfortunately,<br />
this event is only for humans, only service animals will be allowed.<br />
BARk Magazine will do a slide show presentation and hand out<br />
goodies in our training center. Gina Spadafori, the Bee's Pet<br />
Connection columnist and author is our local celebrity plus Linda<br />
Schooler, pet psychic, will be on hand to do free readings. If you<br />
are interested in helping sponsor these events contact me: 874-<br />
6013, CHenning@saclaw.org<br />
Saclaw.org<br />
I am pleased to announce that the revitalized website,<br />
www.saclaw.org, is finally live. This new website is much easier<br />
to navigate. We have put some frequently requested forms in a<br />
10 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Law Library News<br />
By Coral Henning<br />
<strong>Sacramento</strong> <strong>County</strong> Public Law Librarian<br />
fillable format under the link “self help consumer” click on<br />
“forms”. We have deeds, probate, traffic and mechanic's lien<br />
forms to name a few.<br />
You now can register for classes online. If you have trouble<br />
you can still call and register over the phone with your Visa or<br />
MasterCard: 874-8541. Below is the list of <strong>March</strong> & <strong>April</strong><br />
<strong>2007</strong> Classes:<br />
1. Intermediate Word 2003 for Litigation<br />
Wednesday, <strong>March</strong> 7, <strong>2007</strong><br />
6:00pm to 8:00pm 2 MCLE Credits<br />
Instructor: Joani Wise<br />
This hands-on computer class will cover creating forms and<br />
inserting various tables e.g., Table of Contents and Table of Points<br />
& Authorities. You will learn how to create formatted documents<br />
using headings and styles to meet court-filing requirements. $65-<br />
Sac <strong>County</strong> <strong>Bar</strong>; $70- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
2. Legal Research on the Internet<br />
Friday, <strong>March</strong> 9, <strong>2007</strong><br />
2:00pm to 5:00pm 3 MCLE credits<br />
Instructors: SCPLL Law Librarians<br />
This hands-on computer class will concentrate on CA sources<br />
for case law, statutes, regulations, and more! $75- Sac <strong>County</strong> <strong>Bar</strong>;<br />
$80- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
3. Advanced Word 2003 for Litigation<br />
Wednesday, <strong>March</strong> 14, <strong>2007</strong><br />
6:00pm to 8:00pm 2 MCLE credits<br />
Instructor: Joani Wise<br />
This hands-on computer class will cover creating, editing and<br />
running macros, encrypting documents, saving documents in PDF<br />
format and e-filing basics for both Federal and State Courts. $65-
Sac <strong>County</strong> <strong>Bar</strong>; $70- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
4. Evidence: How to Get It & What to Do with It<br />
Thursday, <strong>March</strong> 15, <strong>2007</strong><br />
12:15pm to 2:15pm (Includes Lunch) 2 MCLE credits<br />
Instructor: Sandra Sava, Johnson, Fort, Meissner,<br />
Joseph & Palley<br />
www.jfmjlaw.com<br />
This class will instruct you on how to create a strategy utilizing<br />
expert witnesses, getting your expert's testimony admitted,<br />
and preparing your expert for deposition and cross-examination.<br />
Learn how to extract medical records information<br />
while maintaining patient privilege and how to link your evidence<br />
to impact a jury. $65- Sac <strong>County</strong> <strong>Bar</strong>; $70- Non-<br />
<strong>County</strong> <strong>Bar</strong> Member<br />
5. Introduction to Legal Forms & Pleadings<br />
Thursday, <strong>March</strong> 22, <strong>2007</strong><br />
Retirement<br />
By Mareth Wilson, Public Services Librarian,<br />
<strong>Sacramento</strong> <strong>County</strong> Public Law Library<br />
The websites listed here offer practical advice, subject<br />
expertise, and creative ways to think about new opportunities<br />
as you plan for retirement.<br />
American <strong>Association</strong> of Retired Persons -www.aarp.org.<br />
This is a well organized and attractive web site, an<br />
absolute (and obvious!) top choice for beginning your<br />
research. From the home page you can link through to<br />
major content sections titled Learning and Technology;<br />
Health; Family, Home and Legal; Money and Work;<br />
Travel. Special mention goes to their page of Internet<br />
Sources-http://www.aarp.org/internetresources/.<br />
AARP Local Chapters -- www.aarp.org/states/ca/.<br />
FINANCE<br />
The mainstream media money experts offer financial and<br />
lifestyle planning ideas.<br />
Business Week<br />
http://www.businessweek.com/search/browstxt.htm<br />
At this page, scroll down to the archived July 24, 2006<br />
Special Retirement Issue of their magazine.<br />
CNN<br />
http://money.cnn.com/magazines/moneymag/bpretire/2006/index.html<br />
This page has the annual “Best Places to Retire” rankings.<br />
http://money.cnn.com/magazines/moneymag/bplive/2006/<br />
Includes a Q & A section to find places to live customized<br />
to your specifications.<br />
MSN Money<br />
http://moneycentral.msn.com/retire/home.asp<br />
“Retirement Tools” section allows you to do lots of calculations<br />
and quiz yourself on your preparedness in financial<br />
and estate matters.<br />
6:00pm to 8:00pm 2 MCLE Credits<br />
Instructors: SCPLL Law Librarians<br />
This session will help you to find and/or create legal forms and<br />
pleadings in addition to locating resources in the <strong>Sacramento</strong><br />
<strong>County</strong> Public Law Library and on the Internet.<br />
$15.00- Pre-Registration Required<br />
6. Learn to Finesse Your Legal Writing Skills<br />
Wednesday, <strong>April</strong> 11, <strong>2007</strong><br />
5:30pm to 7:30pm 2 MCLE Credits<br />
Instructor: George Yount, Professor-Legal Assisting Program,<br />
American River College<br />
www.arc.losrios.edu<br />
Are you trying to escape a legal writing rut? Does your writing<br />
lack style, or distinctive content? Do you use run-on or arcane<br />
phraseology? If so, this class will provide you with tips and tech-<br />
New Retirement<br />
http://www.newretirement.com/<br />
A website in development--lots of free information, no<br />
strings apparent (so far).<br />
TRAVEL and SETTLING ABROAD<br />
Elderhostel - “Adventures in Lifelong Learning” -www.elderhostel.com<br />
“Unlike tour companies, Elderhostel offers in-depth and<br />
behind-the-scenes learning experiences for almost every<br />
interest and ability.” Small groups of like-minded travelers<br />
can choose from excursions to all 50 states and to<br />
90 countries.<br />
RetireAway.com --<br />
www.retireaway.com<br />
“Discussion forum for Americans retiring abroad.”<br />
Transitions Abroad -<br />
www.transitionsabroad.com<br />
For people of all ages wanting to travel, live, work or volunteer<br />
abroad. On the left sidebar, click on “Senior Travel” to<br />
bring up articles about living or traveling abroad as a<br />
retiree. Or, click on “Living Abroad by Country” to get articles<br />
written for all prospective expats, regardless of age.<br />
GIVING BACK<br />
Continued on page 13<br />
Reinventing Aging -<br />
http://www.hsph.harvard.edu/chc/reinventingaging/<br />
This is the site of the Harvard School of Public Health initiative<br />
to “motivate Boomers and retirees to engage in community<br />
service.” Click “Volunteer” for a long list of possibilities.<br />
N.B. the listing for www.VolunteerMatch.org. At this<br />
site you can put in your zip code, select how many miles you<br />
are willing to drive, and find volunteer opportunities in<br />
your local community.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
11
Retirement<br />
How Do Senior Lawyers Find<br />
Work In or Outside of Law?<br />
A<br />
ccording to the State <strong>Bar</strong> of<br />
California, more than 25 percent<br />
of bar members are 55-plus. Many of<br />
these lawyers are providing invaluable<br />
service to their firms or running their own<br />
practices. However, due to downsizings,<br />
12 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
mergers or individual choices, numerous<br />
senior lawyers are looking for a new job.<br />
Some of these lawyers find themselves<br />
in a financial situation that requires that<br />
they continue working at an income-producing<br />
venture. Other practitioners,<br />
By Hindi Greenberg<br />
although fortunately without additional<br />
income needs, desire the challenge of new<br />
work and aren't yet ready to retire from the<br />
workforce.<br />
So how does an older lawyer decide<br />
what will best fit her or his needs? And<br />
then what steps need be taken to find<br />
quality work?<br />
If you find yourself involuntarily out of<br />
work and want to continue practicing law,<br />
you should first create a networking list.<br />
Include all the lawyers you know and especially<br />
those who specifically know your<br />
work. Even if it's been years since graduation,<br />
obtain the alumni list from your law<br />
school to see where your classmates are<br />
currently working. Perhaps someone you<br />
knew is a partner at a firm or general counsel<br />
at an interesting corporation. Then<br />
contact everyone on your networking list<br />
to let them know you're available. Keep an<br />
open mind as to the employment arrangements–an<br />
“of counsel” relationship, contract<br />
assignments or part-time work can<br />
develop into a fulltime position. One of<br />
my clients began part-time at a government<br />
agency, and after several months, switched<br />
to fulltime. Additionally, go to bar association<br />
section meetings to connect with other<br />
practitioners who might need your assistance<br />
or have potential leads.<br />
Another important step is to conduct<br />
a careful skills assessment–reflect on<br />
your work, particularly if you have been<br />
a specialist, and make sure that is what<br />
you want to continue doing. Your analysis<br />
may direct you to a different legal<br />
field or even work outside of law. Don't<br />
preconceive your possibilities, because<br />
in addition to legal skills, lawyers develop<br />
many other proficiencies–like client<br />
relations, interpersonal skills, research<br />
and writing, extemporaneous speaking,<br />
negotiating–that can be emphasized<br />
whether you're staying in law or moving<br />
into another field.<br />
For example, one of my older clients<br />
had been a personal injury litigator and<br />
parlayed her knowledge into a job in the<br />
Department of Insurance, handling regula-
tory hearings. Another client used his<br />
skills in preventative counseling to promote<br />
himself as having a risk management<br />
background, eventually obtaining work as<br />
a risk manager. And yet another client<br />
emphasized his extensive experience giving<br />
legal and business counsel to companies<br />
and became the director of a businessoriented<br />
trade association. Each of these<br />
lawyers promoted both the legal and general<br />
business skills they had developed in<br />
the best light for the position they desired.<br />
If you decide to stay in law, there are<br />
two job areas in which age is a lesser detriment.<br />
One is working as in-house counsel.<br />
This is especially true if you specialized in<br />
a particular field and can work for a company<br />
using that specialty–the company will<br />
value your additional experience. One of<br />
my clients actually emphasized his age (65)<br />
in his interview, since the job involved giving<br />
legal counsel to young salesmen; my<br />
client stated that his age would give weight<br />
to his advice and help keep the salesman<br />
under control. A good resource for job listings<br />
is at www.acca.com, the website of the<br />
<strong>Association</strong> of Corporate Counsel.<br />
Another option is public sector work.<br />
Government agencies generally don't view<br />
age as a negative factor. Evaluate your<br />
practice experience and research which<br />
agencies, whether federal, state, county or<br />
city, might need someone with your back-<br />
Law Library Continued from page 11<br />
niques to help revitalize your legal writing skills. $65- Sac<br />
<strong>County</strong> <strong>Bar</strong>; $70- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
7. Setting Up a Non-Profit “Animal Friendly” 501(c)(3)<br />
Organization<br />
Wednesday, <strong>April</strong> 18, <strong>2007</strong><br />
4:00pm to 5:30pm 1.5 MCLE Credit<br />
Instructor: Jeff Curcio, Partner, Murphy Austin Adams &<br />
Schoenfeld<br />
Setting up a non-profit can be daunting, creating opportunities<br />
for “special” tax issues if not done correctly. Gain insight from<br />
an expert on how to operate within an exempt status and maintain<br />
endowment efforts without tax consequences. $45- Sac<br />
<strong>County</strong> <strong>Bar</strong>; $50- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
8. Estate Planning for Your Companion Animal/Pet<br />
Thursday, <strong>April</strong> 19, <strong>2007</strong><br />
4:00pm to 5:30pm 1.5 MCLE Credit<br />
Timothy Murphy, Attorney at Law<br />
www.norcalpalnners.com<br />
Who will take care of your companion animal/pet when you<br />
are gone? This class will delve into setting up and administering<br />
an estate with one's pet in mind. Every client is important,<br />
ground. Apply for any jobs that remotely<br />
interest you or for which you remotely<br />
qualify. If you don't apply, then for sure<br />
you won't get the job.<br />
Legal (as well as non-legal) jobs can<br />
be found listed on the internet sites. Also<br />
go to the websites of the companies and<br />
government agencies that interest you as<br />
they often post openings.<br />
In an interview, you will probably be<br />
asked, “Why did you leave your last position?”<br />
The important thing to remember<br />
is to put your response in a positive light.<br />
Do not talk about what you're running<br />
away from, or what was wrong with the<br />
previous firm. Put the spin on what you<br />
want, what you're moving toward.<br />
Another difficult question that often<br />
comes up is, “Why would you be willing<br />
to take less money?” Possible responses<br />
include, “I recognize that salaries are<br />
lower in this field, but I'm looking for a<br />
new opportunity,” or “I have built up savings,<br />
so money is not a major motivator;<br />
what I want is interesting work and good<br />
colleagues, to be where I can contribute.”<br />
There can also be resume issues for<br />
mature lawyers, who should definitely try to<br />
keep it at two pages or less. It is a process<br />
of careful selection. Only include what sells<br />
you best and is particularly relevant to the<br />
specific job opening and employer. For<br />
example, don't list general memberships in<br />
associations (unless you held an office or<br />
were on a board), unless they are relevant to<br />
the particular position or employer or show<br />
an important connection to the community.<br />
For example, if you are applying in the real<br />
estate field, your membership in real estate<br />
organizations would show your involvement.<br />
Downplay or omit (if possible, without<br />
being untruthful) anything that isn't helpful.<br />
Keep in mind that a resume is a sales<br />
document–you are selling yourself-not an<br />
autobiography, so the resume should be as<br />
specific to the particular job and firm as<br />
possible. In fact, the resume and cover letter<br />
should be changed for each job, focusing<br />
on the specific needs of a particular job.<br />
This requires research. Find out what the<br />
firm is looking for and what holes it has to<br />
fill. Check out the company's website or<br />
annual report. Then explain how you are<br />
the best person to fulfill their needs.<br />
© 2006 by Hindi Greenberg, JD. As president<br />
of Lawyers in Transition, Hindi presents seminars<br />
for bar associations and law schools across<br />
North America and consults by telephone with<br />
individual lawyers nationwide on career satisfaction<br />
and options in and out of law and with law<br />
firms on retaining or outplacing their attorneys.<br />
She is the author of The Lawyer's Career<br />
Change Handbook, published by HarperCollins<br />
in a 2nd edition. She may be reached at (530)<br />
274-7955 or at www.lawyersintransition.com.<br />
including those which have no voice of their own. Tim Murphy, 25<br />
year veteran estate planning and senior legal matters attorney, will<br />
share his expertise on how to setup your estate to include your best<br />
friend. $45- Sac <strong>County</strong> <strong>Bar</strong>; $50- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
9. Dog Bites: Avoiding Canine Litigation<br />
Friday, <strong>April</strong> 20, <strong>2007</strong><br />
4:30pm to 5:30pm 1 MCLE Credit<br />
Christopher Kreeger, Attorney at Law, www.kreegerlaw.com<br />
Under California law, an animal's owner, and in some cases<br />
property owners and proprietors are responsible for all damages<br />
caused by their animals. Learn from a personal injury expert what<br />
you can do to prevent most injuries and avoid litigation. $45- Sac<br />
<strong>County</strong> <strong>Bar</strong>; $50- Non-<strong>County</strong> <strong>Bar</strong> Member<br />
10. Lexis & Westlaw: Tips & Techniques for Online Legal<br />
Research @ SCPLL<br />
Wednesday, <strong>April</strong> 25, <strong>2007</strong><br />
6:00PM TO 8:00PM (Includes Pizza) 2 MCLE credits<br />
Instructors: SCPLL Law Librarians<br />
Learn essential skills in this hands-on computer class for conducting<br />
legal research on Lexis.com and Westlaw.com databases<br />
available to the public at the <strong>Sacramento</strong> <strong>County</strong> Public Law<br />
Library. $30.00 Pre-Registration Required<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
13
Ellen R. Yamshon<br />
OnDecember<br />
7, 2006, the <strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong><br />
<strong>Association</strong> held its Annual Meeting at the<br />
Sterling Hotel. The Honorable James McFetridge administered the<br />
oath of office to the new SCBA officers and two newly-elected SCBA<br />
Council members. The Honorable Cecily Bond (Ret.) spoke on<br />
Eliminating Bias in the Legal Profession. Further, Stacy Boulware-<br />
14 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Events<br />
2006 SCBA Annual Meeting<br />
Judge James Mize, Diane E. Wasznicky,<br />
Mike Levy and Elisa Levy<br />
Rick Martinez Dave Jones, Alice Wong,<br />
2006 Attorney of the Year<br />
Photos by Charr Crail<br />
J. Michelle Hahn Karen Stevens Judge Michael G. Virga<br />
Stacy Boulware Eurie, Michael Mills,<br />
Christopher Krueger, Lehoa Nguyen, J.<br />
Michelle Hahn are sworn in.<br />
Eurie presented R. Todd Vlaanderen and Kevin Adamson the<br />
SCBA President's Award on behalf of exiting President Jack<br />
Laufenberg for their outstanding service to the organization.<br />
Alice Wong was named SCBA's 2006 Attorney of the Year.<br />
She attended the festivities with her husband Ryan and son,<br />
Kyle. Cortez Quinn, Chief of Staff for Roger Dickinson,<br />
Stacy Boulware Eurie, Kevin Adamson,<br />
Todd Vlaanderen<br />
Dan Egan, Attendee, Anthony J. DeCristoforo, Marissa Ramos
Supervisor, <strong>County</strong> of <strong>Sacramento</strong>, awarded Ms. Wong a<br />
Proclamation congratulating her on being named 2006<br />
Distinguished Attorney of the Year and on her work upgrading<br />
the underserved areas of <strong>Sacramento</strong>. Further, Dave Jones,<br />
California Assemblymember, 9th Assembly District, awarded<br />
Alice Wong a California Legislature Resolution commemorating<br />
Cortez Quinn, Alice Wong<br />
Bunmi Awoniyi, Stacy Boulware Eurie<br />
her being named SCBA 2006 Attorney of the Year.<br />
All who spoke delivered eloquent speeches, however, the<br />
most notable quote of the afternoon was “. . . lawyers are able<br />
to make changes in society because of our knowledge of laws<br />
and rules . . . [and from Mahatma Gandhi] we must be the<br />
change we want to see in the world.”<br />
Tamara Colson, Michael Mills, Jan Stevens,<br />
Karen Stevens, Christopher Krueger<br />
Yoshinori Himel, Judge James Mize, Jerry L. Chong Richard Clark, Judge Cecily Bond<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
15
You couldn't wait to retire. Now<br />
you've done it, and your life feels<br />
unhinged. Your calendar and email inbox<br />
are empty. Your spouse wants you<br />
to do anything that involves leaving the<br />
house. And you feel guilty for not being<br />
productive.<br />
Welcome to retirement. Even those<br />
who work part-time after leaving a primary<br />
career, as most people now do,<br />
face major logistical and psychological<br />
challenges. Retirees who don't anticipate<br />
these landmines may learn about<br />
them the hard way. But you can prepare<br />
for them.<br />
Here are six pockets of turbulence and<br />
suggestions for how to avoid them.<br />
1. Where did the time go? Retired<br />
people often say they've never been so<br />
busy in their lives. But there's a difference<br />
between being busy, on the one<br />
hand, and on the other, being engaged<br />
16 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
6<br />
Retirement<br />
Six Perils of Retirement<br />
By David Corbett<br />
in doing things that satisfy, help us grow<br />
as human beings, or enable us to help<br />
others. You may ask, "How did I get<br />
swept up in a bunch of activities that, to<br />
be honest, don't excite me all that<br />
much?" Certain activities, considered<br />
alone, may be good and worthwhile. but<br />
what about other demands on your<br />
time? Everyone has to strike a balance<br />
between commitments and keeping the<br />
flexibility that lets us remain in control<br />
of our time. A key rule is to reject<br />
demands on your time that don't fit your<br />
short- or long-term goals.<br />
2. "I used to be . . ." People often<br />
make the mistake of allowing themselves<br />
to be defined by their careers. If<br />
they fail to diversify, they pay the priceunhappiness-when<br />
a career is pulled<br />
away. For a driven type person who was<br />
a top corporate executive, it might take<br />
a while to get over the social awkward-<br />
ness of not defining oneself by one's<br />
career. In reality, you don't lose your<br />
identity when you quit a job. You lose<br />
that identity; and you shed one of your<br />
identities. But you who you fully are,<br />
inside, as a human being, is deeper.<br />
Look at your identity as a work-inprogress<br />
that evolves with you. Ask<br />
questions you may have thought were<br />
answered once and for all. Who am I?<br />
Do I matter? What can I do? New<br />
answers yield new purposes when the<br />
old underpinnings are pulled away.<br />
3. Loss of work-related social<br />
bonds. Even if you're making new<br />
friends, a key set of relationships with<br />
people in your life have changed. Not facing<br />
this reality and, as a result, not taking<br />
time for proper closure with these relationships,<br />
can leave you feeling rejected<br />
when former colleagues don't call you up.<br />
That isolation can prevent you from mov-
ing forward in your life. Build your new<br />
networks before you leave your job. Find<br />
new social circles. Turn to family and old<br />
friends for support-and to new friends<br />
and colleagues as well.<br />
4. Loss of support systems. This<br />
one is hard for people who had secretaries,<br />
lots of high-tech<br />
office tools to keep them<br />
on track and assistants<br />
to whom they could delegate<br />
tasks. They may<br />
lack the discipline or<br />
support they need to get<br />
through the day seamlessly.<br />
Having to replace<br />
the ink cartridge in the<br />
printer or make their<br />
own travel arrangements<br />
can drive them crazy.<br />
Self-reliance is simply<br />
the cost of leaving your<br />
job. You have to develop<br />
these skills. Yes you have<br />
to think big and follow<br />
dreams-but you may<br />
need to change the toner<br />
cartridge, too.<br />
5. Fractured households. Marital<br />
strain often follows retirement, which<br />
reshapes intimate relationships. When<br />
both spouses are "home alone" everyday,<br />
tensions often arise. Work keeps spouses<br />
apart for much of the week. But removing<br />
a job doesn't mean that the couple<br />
has to spend every minute together.<br />
Discuss this with your marital partner<br />
beforehand. Figure out how much time<br />
you need alone. Decide which activities<br />
will be done jointly and which individually.<br />
Sparks can also fly when one spouse<br />
is primed to de-emphasize work and the<br />
other wants to keep putting in long<br />
hours. Most women who entered the<br />
workforce 1970 to 2000 did so after age<br />
thirty-five. Having begun careers later,<br />
they're not ready at the same chronological<br />
age as some men to dream new<br />
dreams–or cast off as camp cook in a big<br />
RV. By being open about your feelings<br />
and respectful of others you can minimize<br />
these strains. Recognize the need to<br />
amend preconceived plans and find<br />
some middle ground when choices conflict.<br />
If it seems tough, remember that<br />
we're dealing with essentially a new<br />
stage of the marital relationship.<br />
6. Guilt. You may feel as though you<br />
are cheating your family out of money<br />
by not working. Instead of enjoying a<br />
movie during the afternoon, you may<br />
feel as though you should be at work.<br />
Among men, guilt may be linked to a<br />
Most women who entered<br />
the work force 1970 to<br />
2000 did so after age<br />
thirty five . . . they’re not<br />
ready at the same . . . age<br />
as some men to<br />
dream new dreams. . .<br />
socially conditioned premise that a man<br />
who is not productive is not a man.<br />
Remember, lots of terrible people have<br />
been very productive. And many poets,<br />
mystics and saints who left the world<br />
better than they found it appeared to do<br />
nothing. If you want to feel productive,<br />
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give some full attention to your gifts,<br />
needs and goals, perhaps to the benefit<br />
of others. Examine your assumptions.<br />
Enjoy whatever you do.<br />
People who have it toughest during the<br />
post-career phase of life generally did not<br />
anticipate, prepare or plan for it. Sadly,<br />
people are still deluded<br />
into thinking that rest,<br />
leisure, and recreation will<br />
be enough or that retirement<br />
will evolve by itself.<br />
They are at risk of being<br />
bored and without a purpose.<br />
Find a passion. Live<br />
that passion. It may add<br />
years to your life.<br />
Finally, remember to<br />
introduce change bit by<br />
bit. Challenge so-called<br />
"facts" and be willing to<br />
change habits. See life as<br />
new each and every day.<br />
Be grateful for it. Find<br />
ways to stay energized<br />
and optimistic. The evidence<br />
shows that such<br />
an attitude can make a difference.<br />
David Corbett is the founder of New<br />
Directions, Inc., in Boston and author of Portfolio<br />
Life: the New Path to Work, Purpose, and<br />
Passion After 50, published by Jossey Bass. Visit<br />
him online at www.portfoliolifebook.com<br />
Increase the productivity of<br />
your SUMMER ASSOCIATES!<br />
“Research in the Real World”<br />
June 5, <strong>2007</strong><br />
Workshop sessions include:<br />
• cost-effective use of Lexis &<br />
Westlaw<br />
• strategizing your research<br />
• tips from top practitioners in<br />
several areas of the law<br />
The free all-day workshop at<br />
Pacific McGeorge School of Law<br />
will include lunch and parking.<br />
Co-sponsored by UC Davis Mabie &<br />
Gordon D. Schaber Law Libraries.<br />
Contact Erin Murphy for registration<br />
information. eemurphy@ucdavis.edu<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
17
D<br />
“And for my next trick…;”<br />
Is there life after law? By Melissa Meith<br />
ecember marked my first full month as an “inactive”<br />
member of the State <strong>Bar</strong> as well as the 26th anniversary<br />
of my admission. I am retired, an ex-lawyer, and according to the<br />
official rules of inactivity, I may not say lawyerly things or think<br />
lawyerly thoughts, even if I want to. Having spent a little time<br />
floating around in this gravity-free life, I have noticed a few things<br />
I want to pass on.<br />
For those of you wondering about leaving the law, I say be not<br />
afraid. It's cool.<br />
I no longer view clocks as little tyrants screaming “more,<br />
better, faster.” Did you know that it is possible for clocks to<br />
simply provide information about the hour of the day? The<br />
time I spend on tasks is guided by how much time that task<br />
requires rather than the itty-bitty slice of time available. I actually<br />
read the newspaper for as long as it takes to read the newspaper.<br />
I go out to walk the dog and keep on walking until I feel<br />
like turning around. I no longer squeeze in a phone call to<br />
mom while signing letters and updating my calendar. I do<br />
those things one at a time. I call this “uni-tasking.”<br />
In the same way, I do not plan much of anything. I buy groceries<br />
when I want the groceries instead of laying in supplies once<br />
a week in some mad consumer frenzy laughingly excused as “meal<br />
planning.” When I make an appointment, I can let the other person<br />
suggest a time, after which I almost always say, “Fine.” Except<br />
for hair cuts. The hair cuts are still on a schedule because, you<br />
know, you cannot leave the hair to “whenever.”<br />
Once I got the hang of hanging, I noticed the solitude.<br />
Practicing law means you are sworn to protect your client by<br />
Isn’t it funny how life periodically<br />
brings you around to one question:<br />
what do you really want to do?<br />
being vigilant all the darned time, forever reacting to some crisis<br />
racing towards you. You keep your radar in tip-top shape so you<br />
can detect the first signs of the in-coming assault. You plan and<br />
scheme and have contingencies for your contingencies. “If this<br />
happens, then we do that, but if they do that, then we'll do this.”<br />
And because you're always at the ready, waiting for that other<br />
shoe to drop and kick you, you're never really alone.<br />
18 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Retirement<br />
I ask myself whether this could possibly be true; was my entire<br />
legal career a reaction to some external stimulus? And I think the<br />
answer is yes, always.<br />
But now, it is very quiet around me. I am coming to the realization<br />
that I can take action based entirely on the self-propelled<br />
urge to take that very action-or not. To tell you the truth, it's a little<br />
disorienting. When no one is demanding that I do something,<br />
what should I do? Weird.<br />
Isn't it funny how life periodically brings you around to<br />
one question: what do you really want to do? My niece is<br />
going through agony trying to pick her college major which<br />
she believes must represent the ultimate expression of her<br />
innermost desires. Maybe experience lets me be a little more<br />
casual about the process, but I admit the question does have a<br />
weight to it.<br />
But the fun thing is that, unlike my niece, I get to answer without<br />
any thought at all to actually making a living. In other words,<br />
it doesn't matter if I'm any good at it; only if I want to do it, whatever<br />
it is. I can do something at which I am so bad that strangers<br />
will pity me for the humiliation they assume I must feel because<br />
any reasonable person would. For me, now, failure is an option.<br />
Heck it's inevitable.<br />
While I'm ready and willing for the urge to strike, I admit so<br />
far my muse has been pretty danged quiet. I guess whatever internal<br />
mechanism lets ideas pop up is a little rusty but I'm encouraging<br />
myself along. Maybe I should try a dance class again. I did<br />
that once and the teacher commended me for my enthusiasm. I<br />
am pretty sure I didn't go back after that. Now I am ready and<br />
willing to go humiliate myself over and over<br />
again until I get it right-ish, or to the point that<br />
I satisfy my own very low standards. Maybe<br />
something involving saws or open flames.<br />
Anyhow, for now I am enjoying answering<br />
the question, “What do you do” with “I'm not<br />
sure yet.” Maybe I will say, “I'm a dancer.”<br />
The possibilities are endless. Practicing life. I<br />
repeat, it's cool.<br />
Melissa Meith graduated from the University of<br />
California, Davis School of Law in 1980. She practiced<br />
law in <strong>Sacramento</strong> from 1980 until 2006 in<br />
both private and public practice. At the time of her<br />
retirement in 2006, she was the General Counsel of the California State<br />
Lottery. Her work history includes stints as the executive officer of the<br />
Lottery, the Director of the Office of Administrative Hearings, an Assistant<br />
Chief Counsel with the Department of Corrections, and an Assistant Clerk<br />
with the Department of Health Services. In July 2006, she moved to The<br />
Sea Ranch, California, where she throws pots and takes walks with her<br />
husband Mike White and the happy mutt brigade, Fred and Augie.
Retirement<br />
Preparing For Life<br />
After Law<br />
By Kim-An Hernandez and Dennis C. Huie<br />
Asthe<br />
baby boom generation enters the sexagenarian<br />
era, so too burgeons a retirement revolution.<br />
In the decade to come more than 75 million Americans will<br />
pack up their offices and cash in their 401ks. Statistics suggest<br />
that as many as 40,000 lawyers will enter retirement annually.<br />
Here, we discuss some simple yet important issues every retiring<br />
attorney should think about before taking the final plunge.<br />
Your “degree” of retirement. The State <strong>Bar</strong> offers attorneys<br />
three retirement options: (1) resignation; (2) inactive status; or<br />
(3) continued active membership. Retirees eager to exit the<br />
practice of law and relieve themselves of annual dues and<br />
MCLE credits will find resignation a good fit. The retiree can<br />
stay involved in other ways such as acting as a marketing consultant.<br />
Increasingly, firms are employing their former partners<br />
with valuable client contacts in this capacity.<br />
Alternatively, inactive membership may be needed if an attorney<br />
hopes to stay more involved in a non-counsel capacity as,<br />
for example, a referee, hearing officer, court commissioner,<br />
temporary judge, arbitrator or mediator.<br />
Concern about future claims? The retiring attorney may<br />
find solace in Labor Code § 2802 and/or Corporations Code<br />
§ 317 (corporate employees). Both statutes require indemnification<br />
for conduct occurring within the course and scope of<br />
employment or arising out of corporate acts. However, these<br />
statutes are not risk-free. For example, there is no express<br />
coverage for former employees under Labor Code § 2802,<br />
though courts have assumed the statute applies to former<br />
employees. In addition, a retiree may be forced to pay for<br />
defense costs unless and until he or she succeeds in defending<br />
the claim. As a safety net, especially for non-employee<br />
attorneys (i.e., partners), professional liability insurance<br />
should be considered. Because professional liability insurance<br />
plans are typically written on a “claims made” basis, covering<br />
only claims made during the policy period, retiring<br />
attorneys should consider purchasing extended liability tail<br />
insurance to protect them come retirement.<br />
What to do with your practice? Retirees must also decide<br />
how best to dispose of their existing practice. One option is to<br />
sell the practice under Professional Conduct Rule 2-300. Where<br />
the sale contemplates the transfer of responsibility for work not<br />
yet completed or client files, the attorney must provide clients<br />
with 90 day written notice of the transfer and of their right to<br />
retain other counsel and collect their files. Note that Rule 2-300<br />
is not intended to authorize the piecemeal sale of a practice.<br />
Transfer of individual client matters, where permitted, is governed<br />
separately by Rule 2-200.<br />
How do you handle client files? File retention following<br />
a transfer of interest or dissolution is a subject of much<br />
debate among California ethics authorities. Financial and/or<br />
practical considerations may make extended retention difficult.<br />
Retention practices are further complicated by documents<br />
such as wills, testaments, contracts and deeds which<br />
are separately protected and may be indestructible even under<br />
sound policy. Consulting with an ethics lawyer before<br />
destroying documents is key.<br />
Kim-An Hernandez, a graduate of Vanderbilt University Law School,<br />
represents management in labor and employment litigation throughout<br />
California and is an associate with the Employment Law Department<br />
of Hanna, Brophy, MacLean, McAleer & Jensen, LLP.<br />
Dennis Huie, a graduate of University of Pacific, McGeorge School of<br />
Law, represents management in labor and employment litigation<br />
throughout California and supervises the Employment Law Department<br />
for Hanna, Brophy, MacLean, McAleer & Jensen, LLP.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
19
OPERATION PROTECT & DEFEND<br />
A Commitment to Civic Education by Lawyers and Judges<br />
<strong>2007</strong> LAW DAY DINNER CELEBRATION<br />
20 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Thursday, May 10, <strong>2007</strong><br />
5:30 to 8:30 p.m.<br />
The Sterling Hotel Grand Ballroom<br />
Keynote Speaker: Secretary of State Debra Bowen<br />
Tickets are $50 each,<br />
$500 for a table: 8 tickets,<br />
plus two for student,<br />
teacher, or parents as<br />
guests of the table sponsor<br />
For Reservations,<br />
Contact Patricia Sturdevant at<br />
HYPERLINK<br />
"mailto:psturdevant@dmhc.ca.gov"<br />
psturdevant@dmhc.ca.gov<br />
Or (916) 327-7312<br />
Co-sponsored by the<br />
<strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong>,<br />
its Affiliates, and the<br />
Federal <strong>Bar</strong> <strong>Association</strong>
Community Service<br />
Mid-December Training Certifies<br />
Several Hundred as Temporary Judges<br />
By Judge Judy Holzer Hersher<br />
Effective January 1, <strong>2007</strong>, only those attorneys who have<br />
completed nine hours of specialized training may preside<br />
as Temporary Judges in Small Claims,<br />
Traffic, Family Law, and Trial departments<br />
for the <strong>Sacramento</strong> <strong>County</strong><br />
Superior Court. The mandatory changes<br />
are reflected in the new California Rules<br />
of Court, specifically Rule of Court<br />
243.10 et seq. The changes currently do<br />
not affect attorneys sitting as Settlement<br />
Pro Tems in Department 59.<br />
The rules impose a statewide<br />
requirement for nine hours of training<br />
before an attorney may be “certified” as<br />
a temporary judge. Once certified, the<br />
attorney is permitted by the rules to sit<br />
as a temporary judge. The requirements are the result of a several<br />
year study by the Judicial Council of the State of California<br />
and various judicial and non-judicial advisory committees. The<br />
Judicial Council maintains a Temporary Judge website at<br />
http://www2.courtinfo.ca.gov/cjer/pro_tem.htm#, which provides<br />
further information and links to some of the studies. Much of<br />
the important reading materials and pre-class surveys and exercises<br />
are available by clicking on the link to Fairness,<br />
Demeanor, and Self-Represented Litigants (materials to be read<br />
before or after a 3-hour live training) on the Temporary Judges<br />
resource webpage.<br />
Newly appointed and elected judges have been required by<br />
state statute for some time to undergo extensive fairness, bias and<br />
ethics training, along with substantive law training. With the<br />
adoption of the new rule of court, attorneys who serve as temporary<br />
judges will receive training in many of these same areas. The<br />
studies have confirmed that attorneys, while serving as temporary<br />
judges, are the face of the judiciary to thousands of California<br />
citizens, and that the faith and trust these citizens place in the<br />
judicial process is often a reflection of how they perceive they are<br />
treated by the temporary judges. Given the diversity of<br />
California's population, the Judicial Council concluded that temporary<br />
judges should receive special training to improve the public's<br />
confidence in their decisions.<br />
The required courses cover bench conduct, demeanor, fairness,<br />
treatment of self-represented litigants, ethics, and the subject<br />
matter in which each will serve as a bench officer. At least<br />
three of the nine hours must be obtained in a classroom setting<br />
taught by a member of the California judiciary. Each Superior<br />
Court has identified at least one judge who has been trained to<br />
give the course.<br />
Several hundred <strong>Sacramento</strong> <strong>County</strong> attorneys volunteer<br />
their time and expertise each year to the Court, at great personal<br />
and financial cost to themselves and their firms. The business of<br />
the Courts could not be accomplished without the help and gen-<br />
erosity of these individuals. In order to train and certify as many<br />
of these volunteers as possible, the court conducted three sessions<br />
of the live training over a two-week period<br />
in December. Those who completed<br />
the training received three MCLE credits<br />
in elimination of bias.<br />
The Court anticipates scheduling<br />
another classroom training session in<br />
early spring. Future training sessions<br />
will be limited to 30-40 participants. The<br />
<strong>Sacramento</strong> <strong>County</strong> Superior Court also<br />
plans to add a Temporary Judge page to<br />
its website in the near future. For further<br />
information about the training, record<br />
keeping or about becoming a temporary<br />
judge, contact Ms. Darlean Ellis,<br />
Temporary Judge Administrator, Superior Court of California,<br />
<strong>County</strong> of <strong>Sacramento</strong>, 720 Ninth Street, Room 611, <strong>Sacramento</strong>,<br />
California 95814, 916-874-5497, ellisd@saccourt.com.<br />
MARCH/APRIL <strong>2007</strong> n<br />
SACRAMENTO LAWYER<br />
21
Onthis<br />
issue's retirement theme, the Asian/Pacific<br />
<strong>Bar</strong> <strong>Association</strong> of <strong>Sacramento</strong> (ABAS) and the<br />
ABAS Law Foundation can report one recent retirement from<br />
the practice of law: bankruptcy attorney and ABAS golf tournament<br />
organizer Mike Nakagawa. The Ninth Circuit made<br />
Nakagawa a United States Bankruptcy Judge in Las Vegas.<br />
Additionally, both organizations have "retired" their 2006 year<br />
and are looking ahead to a busy <strong>2007</strong>.<br />
25th Anniversary: ABAS celebrated its twenty-fifth anniversary<br />
on <strong>April</strong> 18, 2006, over a barbeque in the courtyard of<br />
Mason's Restaurant, across L Street from Capitol Park. The weather<br />
was ideal for this outdoor event. The Foundation joined in by<br />
recognizing major donors to its scholarship program.<br />
22 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Section and Affiliate News<br />
A Year's Activity for Asian <strong>Bar</strong><br />
and ABAS Law Foundation<br />
ABAS presidents at Mason's. Standing: Irv Teranishi,<br />
Rick Sueyoshi, Judge Russ Hom, Jeff Ogata, Nancy Lee,<br />
Yoshinori Himel, Darrel Woo, Henry Nanjo. Seated:<br />
Judge Cheryl Meegan, Mark Morodomi, Assistant Dean<br />
Ruthe Ashley, Lara Dunbar.<br />
By Yoshinori H. T. Himel<br />
President, ABAS Law Foundation<br />
Photos by <strong>Bar</strong>bara Takei<br />
Wine Tasting: The ABAS Law Foundation had its Fourth<br />
Annual Wine Tasting and Silent Auction on May 24, 2006.<br />
Pavilions Shopping Plaza again hosted the event in the<br />
Pavilions Courtyard.<br />
The Foundation raises funds at the Wine Tasting and the<br />
annual ABAS Golf Tournament with the main goal of nurturing<br />
future lawyers who will be activists and give back to the Asian<br />
Pacific Islander communities. Student applicants are evaluated<br />
on three criteria: proven potential for leadership and community<br />
service; financial need; and academic achievement. Several<br />
individuals fund scholarships annually; these include criminal<br />
defense attorney Chuck Pacheco, in memory of his late wife<br />
Alex Jo, the Foundation's former Scholarship Chair; former<br />
Justice Tani Cantil-Sakauye installed the ABAS and ABAS Law Foundation boards at the Library and Courts<br />
Building on January 10, <strong>2007</strong>. From left: Justice Cantil; the Asian <strong>Bar</strong>'s Sean Colon, Michael Fang, Secretary<br />
Jennifer Rosario, Treasurer Kathryn Doi, Angela Lai, Vice-President Grace Arupo, President Rebecca Westmore<br />
and President-Elect Dee Brown; and the ABAS Law Foundation's president Yoshinori Himel, Nirav Desai, Mona<br />
Tawatao, Janice Lai, Amilia Sanders, Darrel Woo and Secretary Henry Nanjo. Not pictured: Jeri Paik.<br />
Linda Cabatic and Cy Rickards.<br />
Judge Emily Vasquez, Nancy Lee, Judge Cheryl Meegan, Jeanette Ishii and<br />
Assistant Dean Ruthe Ashley in one of Mason's unique settings, a fourposter<br />
bed.
Assemblyman Phil Isenberg and Marilyn Araki Isenberg; and<br />
retired Judge Chuck Kobayashi and Dorrie Kobayashi.<br />
Anyone interested in donating is encouraged to contact<br />
Foundation treasurer Jerilyn Paik at (916) 568-1222.<br />
The Foundation's law student scholarship awardees in 2006<br />
were Raymond Y. Kim, Kou Lor, Tara Kim, Dorothy Lo,<br />
Kristy E. Young, Susan Yoon, Lee S. No, Cindy Hoang-Nhi<br />
Hamilton and Myrene A. Abot. Some of these hardworking<br />
law students not only worked their way through college but<br />
actually sent money home to their families! To apply, contact<br />
Scholarship Chair Mona Tawatao at (916)551-2184.<br />
The University of California, Davis, School of Law and Lincoln<br />
University Law School were among the event sponsors. Attending<br />
were Dean Anthony Dicce and Dean Rex Perschbacher.<br />
Many boutique Northern California wineries donated wine for<br />
pouring or auction: Capay Valley Vineyards, Carvalho Family<br />
Wines, McConnell Estates Winery, Michael~David Vineyards,<br />
Renaissance Vineyard and Winery, Vino con Brio and Wilson<br />
Vineyards poured their wines at the event, while Bogle Winery<br />
and Cedarville Vineyard sent wine donations. Varied and delicious<br />
foods from Kamon Sushi and Grill, Plum Blossom<br />
Dorie Kobayashi, Clement Kong, Phil<br />
and Marilyn Isenberg and retired Judge<br />
Chuck Kobayashi, all regular contributors<br />
to the Foundation and its scholarship<br />
program.<br />
Dean Anthony Dicce and Judges Allen<br />
Sumner, Alan Perkins and Loren<br />
McMaster.<br />
UCD Law Dean Rex Perschbacher, a supporter<br />
of the Foundation's scholarship<br />
program, right, and Yoshinori Himel<br />
Restaurant, Lotus Vietnamese and Thai Cuisine, Sae Jong Teriyaki,<br />
and Trader Joe's accompanied the beverages.<br />
Golf Tournament: Next, the ABAS Law Foundation took<br />
over the task of organizing the annual ABAS Golf<br />
Tournament. Its main organizer, Mike Nakagawa, was called<br />
to the bench in Las Vegas, leaving Bob Tokunaga, Clay<br />
Tanaka, Jeff Ogata and the Foundation to fend for themselves.<br />
Foundation treasurer and golfer Jeri Paik volunteered<br />
to keep the tournament going last fall against all odds, and<br />
with others' help she did a credible job.<br />
Joint ABAS and Foundation Installation: On January 10, <strong>2007</strong>,<br />
Justice Tani Cantil -Sakauye, <strong>Sacramento</strong>'s only Asian/Pacific<br />
Islander appellate justice, swore in the boards of ABAS and the<br />
Foundation in the historic Library and Courts Building.<br />
<strong>2007</strong> Wine Tasting: ABAS and the ABAS Law Foundation<br />
hope to see you at the Fifth Annual Wine Tasting at Pavilions on<br />
Thursday evening, May 3, <strong>2007</strong>. The cost is reasonable, and<br />
those who aren't interested in wines can come and enjoy the<br />
food and company. See the announcement on the back cover.<br />
And if you golf, we hope to see you at the ABAS Golf<br />
Tournament at Teal Bend next fall.<br />
Jerry Chong, Carole Chong, Mary Bisharat and Will Yee.<br />
Chuck Pacheco raises a toast of Wilson<br />
Vineyards wine with owner Mark Wilson.<br />
Henry Nanjo's foursome included his father<br />
and his son at the Golf Tournament.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
23
24<br />
From Large Law Firms To Legal Aid -<br />
John Davis And His Active “Retirement”<br />
Hedescribes<br />
himself as<br />
retired and is strictly a<br />
volunteer, but three days a week John<br />
Davis can be found in his office at Legal<br />
Services of Northern California (LSNC),<br />
where he provides pro bono assistance<br />
both to the program itself and<br />
to its low income clients.<br />
“It's just a hoot”, Davis says. “I<br />
look forward to coming to the<br />
office. It's been an uniquely pleasant<br />
place to land after retirement.”<br />
A self-described “workaholic”, Davis<br />
is the go-to-it man for the variety of<br />
transactional work that is needed at<br />
LSNC. He is also the most upbeat<br />
attorney you will likely ever meet<br />
and serves as the cheerleader for all<br />
of the staff at LSNC and the<br />
Voluntary Legal Services Program.<br />
A graduate of Stanford University<br />
and Harvard Law School, Davis spent<br />
most of his career doing primarily<br />
transactional work for several large<br />
law firms. He became familiar with<br />
Legal Services of Northern California<br />
through his work at the law firm of<br />
Lillick & Charles and, later, Lewis,<br />
D'Amato. While a partner at Lillick,<br />
one of his clients, Lighthouse Marina,<br />
was sued by then LSNC Staff<br />
Attorney (now Assemblyman) David<br />
Jones of the Woodland LSNC office.<br />
He defended the case until Jones left<br />
LSNC and Gary Smith (now the<br />
Executive Director of LSNC) took<br />
over the case. Jones and Davis were<br />
good friends from their days on the<br />
Board of Directors of <strong>Sacramento</strong> Mutual<br />
Housing Board. Davis liked Smith right<br />
away as well. A complex stipulated judgment<br />
was worked out by Davis and Smith<br />
in settlement of the case against<br />
Lighthouse. Smith started inviting Davis<br />
to LSNC events, such as Jones' retirement<br />
party, and got him involved in cases and<br />
fundraising on behalf of LSNC.<br />
Davis tired of work in the large firm<br />
environment and he retired in 2000. He<br />
SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
immediately scheduled a lunch with Gary<br />
Smith at LSNC and announced that he<br />
wanted to volunteer at LSNC. One month<br />
later, he showed up for LSNC's weekly<br />
case review and, as a transactional attor-<br />
John Davis and his wife, Christine Davis<br />
ney, felt like a square peg in a round hole.<br />
Still, Bill Kennedy, Managing Attorney for<br />
the <strong>Sacramento</strong> office of LSNC, found<br />
plenty of transactional work for Davis.<br />
For the past six years, Davis has drafted<br />
and reviewed leases for LSNC's offices<br />
and for the nonprofit organizations that<br />
LSNC assists as part of its community<br />
development work. Davis drafted the<br />
groundlease for the Cottage Housing<br />
development at Mather for low-income<br />
Retiring Minds<br />
By Vicki Jacobs<br />
residents. Davis is currently working on<br />
leases to assist the Hmong community in<br />
obtaining agricultural leases to support<br />
their community. He helped LSNC with<br />
the transactional work needed to complete<br />
the purchase of its Redding office, as<br />
well as the lease for the parking lot<br />
that serves the <strong>Sacramento</strong> office. He<br />
drafts and reviews settlement agreements.<br />
He has assisted with corporate<br />
formation for local nonprofits assisted<br />
by LSNC. He works to assure that<br />
LSNC is in compliance with the complex<br />
regulations the Legal Services<br />
Corporation. In short, he is the inhouse<br />
business lawyer for LSNC.<br />
Fortunately for LSNC, Davis plans<br />
to continue to volunteer for a very<br />
long time. He says that if you can fit<br />
your expertise into the needs of a nonprofit,<br />
it can be “very pleasant”. Life at<br />
legal aid is quite different from a large<br />
firm; Davis has no secretary and he<br />
types his own documents. Still, he<br />
likes focusing his efforts into one<br />
place. He has seen retirees scatter<br />
their impact into multiple places.<br />
Davis likes being able to use his legal<br />
skills, doesn't have to retrain himself,<br />
and he can make a positive impact.<br />
Davis has been married to his<br />
wife, Christine Davis, for 25 years.<br />
Christine earned her Ph.D. just about<br />
the time of Davis' retirement. She has<br />
a very active career as Chief of the<br />
Speech Pathology Section in the<br />
Department of Physical Medicine and<br />
Rehabilitation at the UC Davis<br />
Medical Center. While firmly committed<br />
to his 3 day a week work at LSNC, Davis<br />
makes time for his yoga classes and running<br />
with his dalmatians. He has been an<br />
active member in planning LSNC's annual<br />
Valentine's Fun Run.<br />
Vicki Jacobs is the Managing Attorney for the<br />
Voluntary Legal Services Program and is very<br />
grateful to John Davis for his support of<br />
VLSP and its staff.
Section & Affiliate Reports<br />
<strong>Bar</strong>risters Provide Introduction to<br />
the <strong>Sacramento</strong> Legal Community<br />
By Kimberly Norvell, <strong>Bar</strong>risters' Media Chair<br />
The <strong>Bar</strong>risters' Club of <strong>Sacramento</strong> and the Daily Recorder<br />
co-sponsored the annual “Bridging the Gap” event on<br />
Saturday, January 20th at the <strong>Sacramento</strong> <strong>County</strong> Superior Court.<br />
Throughout the day, judges, practitioners and other members of the<br />
<strong>Sacramento</strong> legal community addressed those in attendance on a<br />
wide variety of topics relevant to practicing law in <strong>Sacramento</strong>.<br />
Judge David W. Abbott of the Criminal Home Court discussed trial<br />
practice in the <strong>Sacramento</strong> <strong>County</strong> Superior Lunch. Following his<br />
presentation, Jake Flesher of <strong>Bar</strong>ry Ubaldi McPherson & Flesher LLP<br />
moderated a panel discussion on ethical issues. The ethics panel<br />
was made up of Judge Abbott, Judge Judy Holzer Hersher of the<br />
Civil Trial Department, and Donald H. Heller, private practitioner<br />
and Judge Pro Tem to both the <strong>Sacramento</strong> and El Dorado <strong>County</strong><br />
Superior Courts.<br />
Judge Kimberly J. Mueller, United States Magistrate Judge for<br />
the Eastern District of California, and staff attorney Khalil Cox then<br />
addressed the group on federal court practice, and Tom Johnson,<br />
Supervising Deputy District Attorney for the <strong>County</strong> of <strong>Sacramento</strong>,<br />
spoke about practicing in the District Attorney's office. After lunch,<br />
attendees were given an orientation on the <strong>Sacramento</strong> law library<br />
by Coral Henning, the Director of the <strong>Sacramento</strong> <strong>County</strong> Public<br />
Law Library. Judge James M. Mize of Department 128 in the<br />
Family Law Court and Mary Martinelli, a partner with Downey<br />
Brand LLP, provided an overview of what to know about family law<br />
practice. As the final presentation of the day, Nicole De Santis,<br />
Exchange Counsel for First American Exchange Company, Jennifer<br />
McQuarrie of Charter Schools Development Center and Maggy<br />
Krell, Deputy Attorney General, gave an informative presentation<br />
on alternative legal careers and careers with the State of California.<br />
The <strong>Bar</strong>risters wish to thank all those in attendance and to<br />
extend to each of the presenters our sincerest gratitude for their<br />
time and continued support of the <strong>Bar</strong>risters' Club.<br />
<strong>Bar</strong>risters' Club of <strong>Sacramento</strong> Upcoming Events<br />
<strong>March</strong> 21, <strong>2007</strong>, 12:00p-1:00p: Arbitration seminar.<br />
A local expert on arbitration will speak on<br />
the ins and outs of conducting arbitrations,<br />
including insightful and practical tips to assist in<br />
your arbitration practice. Participants will receive<br />
approximately one unit of MCLE credit. To RSVP<br />
or for information on cost and location, please<br />
contact Bruce Timm at BTimm@littler.com.<br />
<strong>March</strong> 22, <strong>2007</strong>, 7:30p-9:30p.: Networking<br />
Social. Please join the <strong>Bar</strong>risters' Club for an<br />
evening of socializing, networking and complimentary<br />
drinks. No RSVP is necessary. For more<br />
information, please contact Kim Norvell at<br />
KimANorvell@yahoo.com.<br />
<strong>April</strong> 18, <strong>2007</strong>, 11:30a-1:00p: The <strong>Bar</strong>risters'<br />
Club presents “Marketing from the Client's<br />
Perspective.” Mr. Jeff Starsky, General Counsel<br />
for the Beutler Corporation, Northern California's<br />
largest heating and air conditioning contractors.<br />
Mr. Starsky will provide valuable tips to attorneys<br />
of all levels regarding what clients expect<br />
from their counsel. Participants will receive<br />
approximately 1.5 units of MCLE credit. To RSVP<br />
or for more information, please contact Stacy<br />
Melville at melville@lbbslaw.com.<br />
Any person who is a member of the<br />
<strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong> is<br />
automatically a <strong>Bar</strong>rister if he or she is<br />
under 36 years of age or has been in<br />
practice five years or less, whichever is<br />
later. In addition to sponsoring network<br />
and social events, the <strong>Sacramento</strong><br />
<strong>Bar</strong>risters' Club offers seminars for<br />
MCLE credit addressing areas of interest<br />
to attorneys in their first several years<br />
of practice. To be added to the<br />
<strong>Sacramento</strong> <strong>Bar</strong>risters' Club email list<br />
for information on upcoming events,<br />
please contact our Membership Chair,<br />
Jeannie Lee, by sending an email to<br />
sacbarristers@gmail.com. We look forward<br />
to meeting you.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
25
26<br />
Women Lawyers of <strong>Sacramento</strong><br />
Installs <strong>2007</strong> Officers and Directors By Patricia Sturdevant<br />
On<br />
December 14, 2006, WLS held a celebration of<br />
life, career, and community at a luncheon to<br />
swear in the <strong>2007</strong> officers and directors of the organization. It was<br />
a festive event in the Courtyard Grill Room of the Firehouse<br />
Restaurant where guests feasted on fabulous appetizers and delicious<br />
entrees, and contemplated the past and future of this vital<br />
and vibrant association.<br />
President Lori Okun addressed the group outlining our<br />
accomplishments for 2006. An award to Past President Grace<br />
J. Bergen memorialized the most significant event of the year,<br />
the creation of the <strong>Sacramento</strong> No Glass Ceiling Task Force,<br />
only the second in the state. Grace was honored for her vision<br />
Events<br />
and leadership in establishing the Task Force and working with<br />
it to establish specific voluntary commitments to encourage the<br />
participation, retention and advancement of women at all levels<br />
of the legal profession in <strong>Sacramento</strong>.<br />
The Honorable M. Kathleen Butz, Associate Justice of the Third<br />
District Court of Appeal, installed the new Officers and Board members<br />
for <strong>2007</strong>. The officers are: President, Theresa LaVoie; Vice<br />
President, June Coleman; Secretary, Patricia Sturdevant; and<br />
Treasurer, Anissa Knox Stelle. Anissa's husband, Chuck, and infant<br />
son, Marvin, were proud and pleased to join in the celebration.<br />
President LaVoie described our vision and plans for <strong>2007</strong>,<br />
which include working collaboratively with other associations<br />
<strong>2007</strong> Board Standing: Kristi Fettig (Newsletter Committee Co-Chair); Anissa Knox Stelle (Treasurer of WLS); Megan Lewis (Legislation & <strong>Bar</strong><br />
Delegations Committee Co-Chair); Jennifer Rouse (Judicial & Other Appointments Committee Co-Chair); Angela Lai (Programs Committee Co-<br />
Chair); Tamara Dahn (Judicial & Other Appointments Co-Chair); Wendy York (Publicity/Community Relations Committee Co-Chair); Jennifer<br />
Horst (Membership Committee Co-Chair); Patricia Sturdevant (Secretary of WLS); and Mary Dougherty (Membership Committee Vice-Chair).<br />
Seated: June Coleman (Vice President of WLS); Jean McEvoy (Past President of WLS); Theresa La Voie (President of WLS); Amal Abu-Rahma<br />
(Programs Committee Co-Chair); and Justice Kathleen Butz.<br />
SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong>
within the Unity <strong>Bar</strong>, urging the Governor to expand his commitment<br />
to diversity in the appointment of judges, increasing the signatories<br />
to the no glass ceiling commitments, continuing our<br />
highly successful Paths to Success series assisting those interested<br />
in judicial and other appointments, and reinstituting a legislative<br />
reception in addition to the Supreme Court Reception that is our<br />
signature program.<br />
Board members who will contribute to the success of these<br />
efforts include: Development Committee Co-Chairs Jamie Errecart<br />
and Michele Z. Stevenson and Vice Chair Maggy Krell; Grants &<br />
Awards Co-Chairs Christine Jacobs and Joy Rosenquist; Judicial &<br />
Ann Kanter, Helene Friedman, Jennifer Corey and Justice Kathleen Butz<br />
Exiting President Lori Okun with<br />
incorming Presdent Theresa LaVoie<br />
Other Appointments Co-Chairs Tamara Dahn and Jennifer Rouse;<br />
Legislation & <strong>Bar</strong> Delegations Co-Chairs Andrea Ritigstein and<br />
Megan Lewis and Vice Chair Erin Weber; Membership Committee<br />
Co-Chairs Jennifer Horst and Livia Stoice and Vice Chair Mary<br />
Dougherty; Newsletter Co-Chairs Kristi Beckley and Gayle M.<br />
Kono; Programs Co-Chairs Amal Abu-Rahma and Angela Lai; and<br />
Publicity/Community Relations Co-Chairs Maralee MacDonald and<br />
Wendy York. The Past President liaison for <strong>2007</strong> is Jean McEvoy.<br />
WLS also acknowledged and welcomed Marcia Augsberger, the<br />
new No Glass Ceiling Project liaison to the Board.<br />
We look forward to an exciting and productive year.<br />
Anissa Knox Stelle, Charles Stelle and son Marvin.<br />
Grace Bergen, Past President of WLS<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
27
VIP Mentors (VIP) is the only non-profit organization in<br />
<strong>Sacramento</strong> and Yolo counties that recruits, matches and<br />
assists attorneys, and only attorneys, to mentor parolees from<br />
the California Department of Corrections and Rehabilitation.<br />
VIP's attorney volunteers provide personal, one-on-one mentoring<br />
and act as role models to<br />
parolees as they struggle to turn their<br />
lives around and become productive,<br />
crime free citizens.<br />
There are no set hours. Mentors<br />
and mentees check in with each other<br />
every week by phone and decide on<br />
the best times to get together. The<br />
important thing in VIP mentoring is<br />
not volume, but dependability, consistency<br />
and sincerity.<br />
Throughout the year, VIP organizes<br />
picnics, excursions to sporting<br />
events and holiday parties for mentors,<br />
mentees and their significant<br />
others. Last June, a VIP group attended<br />
the beginning of the River Cats<br />
season. Another group enjoyed a preseason<br />
Kings game at Arco Arena on<br />
October 20th. The <strong>Sacramento</strong> Maloof Sports and<br />
Entertainment group generously gave VIP Mentors discounted<br />
tickets for the Kings. On behalf of VIP Mentors, I would like to<br />
thank Maloof Sports and Entertainment for their generous gift.<br />
It was a wonderful evening!<br />
I arrived early so I could watch each mentee and mentor take<br />
their seats. I love the positive energy when like-minded people come<br />
together. Many of our mentees have never attended a professional<br />
sporting event and it was exciting to see them share this new experience<br />
with their mentors. In this friendly and invigorating space,<br />
our mentees knew that for once in their lives, no one would judge<br />
them for their past. We were there as a “family” to simply have fun.<br />
To be honest, I am not a big sports fan. I don't understand<br />
28 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Community Service<br />
VIP Mentors Enjoys a<br />
Night of Basketball<br />
By Collette M. Aldana,<br />
Program Director, VIP <strong>Sacramento</strong>/Yolo<br />
the rules and often times can't even figure out what is or isn't<br />
allowed. But even though I have no idea what is going on, I<br />
always have a great time at VIP sports events. I may not learn<br />
much from the game, but I end up learning a lot about each<br />
of the amazing mentors and mentees in our program.<br />
Program Director Collette Aldana, Keisha Clark with Mentor Alana Mathews-Davis, Debra<br />
Wriedt with Mentor Suzann Gostovich.<br />
“People seldom improve when they have<br />
no other model but themselves to copy.”<br />
--Oliver Goldsmith<br />
There is another advantage. It seems that even nachos and<br />
hot dogs taste much better at VIP events. Our highly contagious<br />
sense of excitement and camaraderie extends even to the food we<br />
enjoy. There is just something special about being in the midst<br />
of a group of people who want to change their lives.<br />
Please join us. Become a VIP mentor!<br />
I assure you that spending time with your<br />
mentee will be a unique and rewarding<br />
experience. You and your parolee decide<br />
what to do or accomplish. Activities in<br />
which you can share interests, talk or just<br />
get to know each other are best: going out<br />
for coffee, sharing a meal, taking in a<br />
movie or game, jogging or shooting baskets.<br />
Your advice about schoolwork, finding<br />
a job, getting a driver's license and a<br />
variety of other coping skills will be highly valued.<br />
I hope to see you at our next VIP sporting event or other celebration<br />
of the impact that one person can have on the life of<br />
another. I've got your ticket ready!<br />
If you are interested in becoming a mentor or need further<br />
information, please contact Collette Aldana, Program Director, VIP<br />
Mentors <strong>Sacramento</strong>/Yolo at (916) 324-4141 ext. 259, by fax (916)<br />
445-8864 or by e-mail at vip-sacramento@vipmentors.org
OnJuly<br />
20, 2006, <strong>Sacramento</strong> lost a bright legal<br />
star, though he is no doubt shining down<br />
upon us now, overseeing all that he accomplished in this world.<br />
And “all” for this gentleman, attorney Tommy Clinkenbeard,<br />
is quite a lot, especially considering the talented Public<br />
Defender passed away much too young, at age 51. In the words<br />
of poet Rudyard Kipling, Mr. Clinkenbeard is one of those fortunate<br />
individuals to have filled a minute with sixty seconds'<br />
worth of distance run, and now, we are fortunate to be reaping<br />
the benefits of his accomplishments.<br />
Tommy Clinkenbeard leaves behind a beautiful legacy, and<br />
that statement isn't a superfluous cliché. Yes, Tommy had a busy<br />
and successful legal career, handling many high profile cases at<br />
the <strong>Sacramento</strong> PD's office, including the defense of Nikolay<br />
Soltys in August of 2001, the troubled young man who killed his<br />
pregnant wife and several family members before talking his own<br />
life in <strong>Sacramento</strong> <strong>County</strong> Jail. Yes, it was also Tommy who the<br />
lobbied for jail reform measures in <strong>Sacramento</strong>, seeking to turn<br />
this tragedy into something constructive.<br />
Yes, Tommy leaves behind a successful family of four children<br />
and many grandchildren, including son, attorney Tom<br />
Clinkenbeard, who now has the tall order of following in his<br />
father's footsteps at the <strong>Sacramento</strong> Public Defender's Office.<br />
Yes, Tommy was also an active board member of the Death<br />
Penalty Focus, a statewide organization dedicated to the abolition<br />
of capital punishment, one of Tommy's many passionate<br />
causes on behalf of the less privileged. He was also the man you<br />
read about who challenged <strong>Sacramento</strong>'s anti-camping ordinance,<br />
which prohibited homeless individuals from making<br />
<strong>Sacramento</strong> trails and riverfronts their meager home, lest they<br />
risk prosecution. A dedicated board member of <strong>Sacramento</strong>'s<br />
Loaves & Fishes, Tommy was so valued in his selfless work for<br />
the homeless that in addition to other memorial services, a special<br />
memorial service was held for him last year in <strong>Sacramento</strong>'s<br />
Friendship Park, where lawyers and homeless individuals alike<br />
joined in praising his efforts. And those that gathered didn't just<br />
come to pay their respects to a good man they had heard about:<br />
everyone present wore a purple ribbon in honor of Tommy,<br />
because everyone knew purple was Tommy's favorite color.<br />
Yes, Tommy accomplished all of these things, but he also<br />
leaves behind another tangible accomplishment, one that perhaps<br />
will outlive all of us: the Loaves & Fishes Legal Clinic* (which is<br />
to be re-named the Tommy Clinkenbeard Legal Clinic) he cofounded<br />
with Angie Mendoza in 2002. He was so loyal to this<br />
mission that he willed $10,000 of his own money to ensure the<br />
Clinic will continue to operate and thrive. The legal clinic helps<br />
less fortunate individuals avoid incarceration and fines by contributing<br />
work hours of community service. From June of 2002<br />
through December of 2005, the Clinic is proud to report that it<br />
has helped 8, 927 people contribute 31,663 hours of community<br />
service. For this, we have Tommy to thank.<br />
Thank you, Tommy<br />
In Memoriam<br />
Thank You, Tommy<br />
By Nicole M. De Santis<br />
“If you can fill the unforgiving minute<br />
With sixty seconds' worth of distance run<br />
Yours is the Earth and everything that's<br />
in it…”<br />
--Rudyard Kipling<br />
* The Clinic is in the process of expanding and is looking for lawyers who<br />
wish to donate pro bono hours to help further Tommy's cause at the clinic.<br />
If you can donate bus passes, or would just like to serve as someone's<br />
mentor and guide, please contact Angie Mendoza at (916) 446-0368.<br />
* With many thanks to Angie Mendoza of Loaves & Fishes, and the<br />
many articles previously written about Tommy, specifically by Jocelyn<br />
Wiener of the <strong>Sacramento</strong> Bee and Mark Hedlund of News 10.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
29
OnFriday<br />
evening, December 15, 2006, members of the <strong>Sacramento</strong><br />
<strong>County</strong> <strong>Bar</strong> <strong>Association</strong> were invited to the <strong>Bar</strong> Offices for a convivial<br />
holiday gathering. Kudos to Keith Staten for organizing the event, and to<br />
Johnny Carino's for scrumptious nibbles!<br />
30 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Events<br />
SCBA Spreads a Little Holiday Cheer<br />
Jack Laufenberg reflects<br />
with SCBA Executive<br />
Director Carol Prosser about<br />
his year as President.<br />
Heather Hoganson,<br />
Mary Burroughs - <strong>Sacramento</strong><br />
Lawyer Magazine Publication<br />
Designer, and Toso Himel<br />
swap magazine anecdotes<br />
Elisa Levy and Keith Staten<br />
Grace Bergen and Lori Okun<br />
share stories with Borden Webb
K<br />
<strong>Bar</strong>rister of the Month:<br />
Kimberly A. Norvell<br />
imberly Norvell originally hails from the great state of<br />
Texas. She was born and raised in the Dallas area but<br />
spent summers visiting her father in<br />
California. After briefly contemplating a<br />
move to the West Coast for her undergraduate<br />
education, Kim instead made the shorter<br />
trip down to Austin where she attended the<br />
University of Texas. She earned a Bachelor<br />
of Arts in Philosophy and continued her<br />
study of vocal performance. In addition to<br />
individual study and recitals, Kim performed<br />
with the university's elite ensemble, the<br />
Chamber Singers, as well as singing with the<br />
Madrigal Choir during the holiday season.<br />
In the fall of 2002, Kim finally decided the<br />
time was right for a move to California and<br />
came to <strong>Sacramento</strong> to attend the University<br />
of the Pacific, McGeorge School of Law as an<br />
Anthony M. Kennedy Fellow. In her first year, she and the other<br />
Kennedy Fellows traveled to Washington D.C. to observe oral<br />
arguments at the Supreme Court, followed by a “behind the<br />
scenes” look at the court from Justice Anthony Kennedy. The following<br />
summer, Kim studied Fundamental Rights in Europe and<br />
the U.S. with Justice Kennedy through McGeorge's summer program<br />
in Salzburg, Austria. This trip stands out as one of the highlights<br />
of her education as it afforded her the opportunity not only<br />
to study with one of the world's foremost experts on Constitutional<br />
Law, but it also provided the chance for her to make an extensive<br />
trip throughout Europe, traveling from Paris to Prague and to many<br />
points in between.<br />
It was also at McGeorge that Kim also began her affiliation<br />
with the <strong>Bar</strong>risters' Club. As the President of the Junior <strong>Bar</strong>risters'<br />
Club in her third year, Kim attended board meetings and events<br />
hosted by the <strong>Bar</strong>risters' Club, making it a natural transition for<br />
her to join the Board after graduating from law school. Kim joined<br />
the Board of the <strong>Bar</strong>risters' Club in May of 2006 and was also chosen<br />
to serve as the Media Chair for the organization.<br />
Join the<br />
SACRAMENTO COUNTY<br />
BAR ASSOCIATION<br />
online at www.sacbar.org<br />
A subscription to the <strong>Sacramento</strong> Lawyer<br />
is included in membership. The magazine<br />
subscription is $24 for nonmembers.<br />
Section & Affiliate Reports<br />
After graduating from McGeorge with distinction in 2005,<br />
Ms. Norvell joined the law offices of Downey Brand LLP where<br />
she had worked as a summer associate during<br />
2004. She is a member of the firm's<br />
Corporate, Securities, and Tax group where<br />
she focuses on corporate and financial institution<br />
law, assisting companies in formation,<br />
dissolution, mergers and acquisitions,<br />
contract, real estate, regulatory compliance<br />
and general corporate governance matters.<br />
In her free time, Kim loves to travel and<br />
visits her family and friends back in Texas<br />
at every opportunity. Along with her father<br />
and step-mother, she has one sister as well<br />
as a step-brother and step-sister all living in<br />
Northern California, and can often be<br />
found with her family boating on the San<br />
Joaquin River Delta. Kim continues to<br />
enjoy singing, although these days it is more likely to be<br />
karaoke than a cantata!<br />
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■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
31
There's good news for retired (or inactive) attorneys who<br />
want to use their legal knowledge and experience to benefit<br />
others: the State <strong>Bar</strong> of California's Emeritus Pro Bono Program<br />
allows attorneys to waive their yearly State <strong>Bar</strong> dues and remain<br />
active attorneys for the purpose of practicing law on a pro bono<br />
basis through a qualified legal services program or a State <strong>Bar</strong> certified<br />
lawyer referral service. This program has been offered by the<br />
State <strong>Bar</strong> of California since 1987.<br />
To be eligible for the Emeritus Pro Bono Program, the<br />
retired/inactive attorney must:<br />
1. Be in good standing with the State <strong>Bar</strong> of California;<br />
2. Have practiced law or served as a judge in California at least<br />
3 out of the last 8 years;<br />
3. Have been admitted to practice law in any jurisdiction in the<br />
United States at least 10 years preceding application to the<br />
program;<br />
4. Agree to practice law only on a pro bono basis through a qualified<br />
legal services program or a State <strong>Bar</strong> certified lawyer<br />
referral service; and<br />
5. Complete the MCLE requirements of active attorneys.<br />
32 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Community Service<br />
Volunteer Opportunities for<br />
Emeritus Attorneys<br />
C<br />
alifornia, along with many other<br />
states, recognized the week of<br />
<strong>March</strong> 5-11, <strong>2007</strong>, as Problem Gambling<br />
Awareness Week. An estimated two to five<br />
percent of the general population experiences<br />
significant difficulties as a result<br />
of their gambling, including financial,<br />
health, mental health, and interpersonal<br />
problems. The detrimental impact<br />
extends to families, communities, and<br />
employers. We've heard stories about<br />
spouses lying to cover up a gambling<br />
habit - saying that they went to work<br />
but went to the track instead. We've read<br />
about church volunteers misusing the bingo<br />
funds or employees who embezzled company<br />
funds to cover gambling sprees.<br />
Gambling problems can affect all seg-<br />
Problem Gambling<br />
Awareness Week<br />
ments of the population, including attorneys.<br />
One district attorney was found to<br />
have fixed speeding tickets to support his<br />
gambling habit. More than one attorney in<br />
Gambling problems can<br />
affect all segments<br />
of the population,<br />
inlcuding attorneys<br />
private practice has embezzled (“borrowed”)<br />
client funds to pay for gambling<br />
sprees, which ultimately led to professional<br />
disbarment. Lawyers also may encounter<br />
clients where financial troubles (high credit<br />
By Vicki Jacobs, VLSP Managing Attorney<br />
The Voluntary Legal Services Program, the local pro bono program<br />
jointly sponsored by the <strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong><br />
and Legal Services of Northern California, is a qualified legal services<br />
program that has benefited from the volunteer work of emeritus<br />
attorneys over the years. VLSP staff greatly appreciate the legal<br />
experience offered by emeritus attorneys and can find a volunteer<br />
opportunity for any emeritus attorney, whether through assisting at<br />
a legal clinic, through the referral of a case for direct representation<br />
by the emeritus attorney, or by mentoring a less experienced attorney<br />
through the course of a pro bono case.<br />
No minimum number of volunteer hours is required of an<br />
emeritus attorney. If the prospect of completing the MCLE hours<br />
is daunting, VLSP staff will work with the emeritus attorney to find<br />
free or low cost continuing education courses that will satisfy the<br />
MCLE requirements.<br />
VLSP invites prospective emeritus attorneys to contact us to discuss<br />
the program further. We hope to be able to find a satisfying<br />
volunteer opportunity for that attorney in assisting a low income<br />
client who would otherwise be unable to afford the assistance of<br />
counsel. For further information, please feel free to contact Vicki<br />
Jacobs, VLSP's Managing Attorney, at (916) 551-2162.<br />
card debt, outstanding loans to family members<br />
and friends) could be an indication of a<br />
gambling problem. Bankruptcy or financial<br />
consolidation will not alleviate the underlying<br />
addiction. Referral to a counselor<br />
who works with addictions or referral<br />
to Gambler's Anonymous may be helpful<br />
advice for your client.<br />
The State <strong>Bar</strong>'s Lawyer Assistance<br />
Program (LAP) addresses problem<br />
gambling for California Attorneys. Call<br />
1-877-LAP-4-HELP or e-mail<br />
LAP@calbar.ca.gov. General information<br />
can also be found at<br />
problemgambling.ca.gov (The California<br />
Office of Problem Gambling). Gamblers or<br />
concerned friends or family members may<br />
call 1-800-GAMBLER for assistance.
Downey Brand LLP, named four new<br />
partners: Wendy L. Bogdan,<br />
Cassandra M. Ferrannini, John C.<br />
Oehmke and Winnifred C. Ward.<br />
Wendy L. Bogdan joined Downey Brand in<br />
2000. Her practice focuses on environmental<br />
law with an emphasis in Land Use. She<br />
received her J.D. from Boalt Hall School of<br />
Law in 1998 and her B.A. in<br />
Anthropology from the<br />
Cassandra M.<br />
Ferrannini<br />
Courthouse Steps<br />
University of California, Berkeley in 1990.<br />
Cassandra M. Ferrannini also joined<br />
Downey Brand in 2000. Her practice focuses<br />
on labor and employment litigation. She<br />
received her J.D. from McGeorge School of<br />
Law, University of the<br />
Pacific in 1999 and her<br />
B.A. in English from the<br />
Dominican College of San<br />
Rafael in 1989.<br />
John C. Oehmke joined Downey Brand<br />
in 2004 as Counsel. He is a 1996 graduate<br />
of Harvard Law School and he received his<br />
B.A. in Psychology from<br />
Georgetown University in<br />
1990. Oehmke's practice<br />
Winnifred C.<br />
Ward<br />
focuses on corporate and real estate law.<br />
Winnifred C. Ward also joined Downey<br />
Brand in 2004 as Counsel. Her practice focuses<br />
on real estate law. She received her J.D. from<br />
the University of California, Davis School of<br />
Law in 1993 and her A.B. from Brown<br />
University in 1985.<br />
***<br />
Karen L. Turner has joined Rediger,<br />
McHugh & Hubbert, LLP as an associate focusing<br />
on labor and employment matters. Karen<br />
has practiced in the areas of business, employment,<br />
and managed care litigation, advice and<br />
counsel since 2003. Karen is a graduate of<br />
McGeorge School of Law.<br />
***<br />
Zachary<br />
Smith<br />
McDonough Holland & Allen PC announced that<br />
shareholder and litigator Zachary Smith was selected<br />
to the membership of the American Board of Trial<br />
Advocates (ABOTA). Smith was invited to join the<br />
group's <strong>Sacramento</strong> Chapter after undergoing a rigorous<br />
nomination and selection process, including<br />
Courthouse Steps<br />
Wendy L.<br />
Bogdan<br />
John C.<br />
Oehmke<br />
Karen L.<br />
Turner<br />
extensive review of trial records resulting in favorable client verdicts<br />
and an affirmative vote by at least 75 percent of the local chapter membership.<br />
Smith has nearly 30 years of trial and alternative dispute resolution<br />
experience in a broad range of matters, ranging from complex<br />
insurance to construction defect to professional liability, and recently<br />
he secured a multi-million dollar jury verdict in a financial fraud and<br />
embezzlement case. Smith received a J.D. from the<br />
University of Pacific, McGeorge School of Law<br />
(1977) and a B.A. from Stanford University (1973).<br />
Jo Anne M. Bernhard has been selected as<br />
Dean for the University of Shopping Centers to be<br />
held at The Wharton School of the Univ. of<br />
Pennsylvania, <strong>March</strong> 5-7, <strong>2007</strong>. The program is<br />
established by the International Council of<br />
Shopping Centers and features courses taught by<br />
authorities in their field. Ms. Bernhard will be Dean<br />
Jo Anne M.<br />
Bernhard<br />
of the School of Shopping Center Law, being Associate Dean in 2006.<br />
She has been a sole practitioner in <strong>Sacramento</strong>, CA since 1970, and<br />
very active in the commercial real estate field. She also serves as Legal<br />
Counsel for California Business Properties <strong>Association</strong>.<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
33
Justice Robie Shares His Insights On Water Law;<br />
Environmental Law Section Awards Scholarships<br />
On<br />
January 25, <strong>2007</strong>, the <strong>Sacramento</strong> <strong>County</strong><br />
<strong>Bar</strong> <strong>Association</strong> Environmental Law Section<br />
and the California <strong>Bar</strong> <strong>Association</strong> Environmental Law Section<br />
hosted their annual joint luncheon at the Firehouse in Old<br />
<strong>Sacramento</strong>. The indefatigable Justice Ronald B. Robie of the<br />
Third District Court of Appeal was the featured speaker. He<br />
provided fascinating insights into the State Water Resources<br />
King Hall, the UC Davis School of Law, is well-represented by students<br />
(l-r) Jack McKenna, Jessica Newman, Emily Brand, scholarship<br />
recipient Austin Quinn-Davidson and Professor Holly Doremus.<br />
Austin Quinn-Davidson, UC<br />
Davis School of Law; Tina<br />
Cannon, Chair, SCBA ELS; and<br />
Susan Hill, McGeorge School<br />
of Law.<br />
34 SACRAMENTO LAWYER ■ MARCH/APRIL <strong>2007</strong><br />
Section and Affiliate News<br />
By Tina Cannon, Chair, Environmental Law Section<br />
Photos by Ken Rabiroff<br />
Jan Stevens, Former Senior<br />
Assistant for the CA Attorney<br />
General's Office Land Law<br />
Section shares a moment with<br />
luncheon key note speaker,<br />
Justice Ron Robie of the Third<br />
District Court of<br />
Appeal who is also<br />
a former Chair of<br />
the SCBA ELS.<br />
Cassie Aw-yang<br />
and former SCBA<br />
ELS Chair Tim<br />
Taylor, both of<br />
Somach, Simmons<br />
and Dunn<br />
Kristen Castaños, Secretary of the State <strong>Bar</strong> of California<br />
Environmental Law Section, making the introductory remarks for<br />
the joint luncheon.<br />
After speaking on the State Water Resources Control Board<br />
Coordinated Cases Opinion, Justice Ron Robie stops to chat with<br />
Water Board Staff (l-r) <strong>Bar</strong>bara Leidigh, Les Grober, (Justice<br />
Robie), Betsy Jennings, and Andy Sawyer.
Control Board Coordinated Cases and El<br />
Dorado Irrigation District v. State Water<br />
Resources Control Board opinions and appellate<br />
practice in general. The annual luncheon also<br />
provided an opportunity for the SCBA ELS to<br />
recognize its first ever environmental law<br />
scholarship recipients: Austin Quinn-<br />
Davidson of King Hall, the University of<br />
California, Davis, School of Law, and Susan<br />
Hill of McGeorge Law School, University of the<br />
Pacific. Ms. Quinn-Davidson and Ms. Hill were<br />
nominated by the environmental law faculties<br />
of their respective schools based on several factors<br />
including academic performance and sustained<br />
interest in environmental law. Each<br />
received $1,000.<br />
The SCBA ELS holds its environmental law<br />
luncheons the first Tuesday of each month at the<br />
Firehouse in Old <strong>Sacramento</strong>. Registration com-<br />
Tina Cannon, ELS Chair, speaks with David Nawi of Shute, Mihaly<br />
and Weinberger while Whit Manley of Remy, Thomas, Moose and<br />
Manley chats with UC Davis law student Jack McKenna. Tina<br />
Thomas, also of Remy, Thomas, and Kristen Castanos visit in the<br />
foreground.<br />
Kristen Castaños; Chandra<br />
Ferrari of the Dept. of Fish<br />
and Game; scholarship<br />
recipient Austin Quinn-<br />
Davidson, and Immediate<br />
Past Chair of the State <strong>Bar</strong><br />
ELS, Sherri Kirk.<br />
mences at 11:45 a.m. We are your environmental bar section and<br />
welcome your participation and involvement. SCBA ELS luncheons<br />
are an opportunity to renew old acquaintances and make<br />
new contacts among your environmental law peers while earning<br />
Mandatory Continuing Legal Education credit. If you would like<br />
to receive announcements for upcoming section luncheons, please<br />
send an e-mail to SCBA.ELS@gmail.com asking to be placed on our<br />
electronic mailing list. We hope that you join us.<br />
(l to r) Mary Akens, Keith Wagner, and Tina Cannon of the SCBA Environmental<br />
Law Section Executive Committee and Kristen Castaños of the State <strong>Bar</strong> of<br />
California ELS Executive Committee.<br />
CLASSIFIEDS<br />
AFFORDABLE PRIVATE OFFICES AVAILABLE FOR RENT<br />
Convenient Downtown location - across from Light Rail Station;<br />
Single level building with FREE PARKING, law library, conference<br />
room, Copier, FAX, mini-kitchen, utilities included. Congenial<br />
atmosphere and possible referrals. From $350.00 / month -<br />
CALL EVA at (916) 971-3999<br />
Experienced Family Law Attorney Wanted<br />
to work in a team environment at Family Law Center.<br />
Call Carol Delzer or Jamie Miller 916-488-5088<br />
or email carol@familylawcenter.us.<br />
Index of Advertisers<br />
ABAS Law Foundation Wine Tasting . . . . . . . . . . . . . . . . .Back Cover<br />
Boyd & Kimball, LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 21<br />
Brendon Ishikawa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 9<br />
Computer Forensic Legal Services . . . . . . . . . . . . . . . . . . .page 20<br />
Dave Rudy, Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 9<br />
Elder Law Conference/California Advocates for<br />
Nursing Home Reform . . . . . . . . . . . . . . . . . . . . . . . . . . .page 20<br />
Family Law Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 33<br />
Hunter Flemmer Renfro & Whitaker, LLP . . . . . . . . . . . .page 19<br />
JAMS <strong>Sacramento</strong> Resolution Experts . . . . . . . . . . . . . . . .page 16<br />
LexisNexis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 10<br />
National Problem Gambling Awareness Week . . . . . . . . . .page 30<br />
Northern California Collection Service . . . . . . . . . . . . . . .page 4<br />
Operation Protect and Defend . . . . . . . . . . . . . . . . . . . . . .page 20<br />
Pacific McGeorge School of Law Workshop . . . . . . . . . . .page 17<br />
Professional Reporting Services . . . . . . . . . . . . . . . . . . . . .page 17<br />
Ramsay “Buzz” Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . .page 29<br />
River City Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 12<br />
SCBA Alternative Dispute Resolution Service . . . . . . . . . .page 5<br />
<strong>Sacramento</strong> <strong>County</strong> <strong>Bar</strong> <strong>Association</strong> . . . . . . . . . . . . . . . . .page 31<br />
<strong>Sacramento</strong> <strong>County</strong> Public Law Library . . . . . . . . . . . . . .page 10<br />
Thomson West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 2<br />
Ueltzen & Company, LLP . . . . . . . . . . . . . . . . . . . . . . . . .page 15<br />
■ MARCH/APRIL <strong>2007</strong> SACRAMENTO LAWYER<br />
35
Thursday, May 3, <strong>2007</strong>, 6:00 to 8:30 p.m.<br />
at the Pavilions Courtyard