marin midsummer mixer in this issue wed, …...marin midsummer mixer wed, july 20, 2016 | 6:00 –...
TRANSCRIPT
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The Marin Lawyer
MARIN MIDSUMMER MIXERWED, JULY 20, 2016 | 6:00 – 8:00 PM
Second Annual MCBA & CalCPA Happy Hour
Enjoy a balmy summer evening! Socialize with friends, legal colleagues, CalCPA members, and banking professionals over spirits & appetizers.
999 Fifth Avenue, San Rafael On the Patio
$25 MCBA& CalCPA members / $35 nonmembersEvent day walk-ins: $35 Members / $45 NonmembersDetails & Registration
MCBA MEMBERS LUNCHEONWED, JULY 27, 2016 | 11:45 am – 1:30 PM
Co-presented by MCBA Diversity SectionRacial Justice: Addressing Implicit Bias in Our Legal PracticesA Panel Discussion
Zahra Billoo, SF Executive Director, Council on American-Islamic Relations Manny Fortes, Staff Attorney, SF Office of Citizen ComplaintsZachary Norris, Executive Director, Ella Baker Center for Human Rights Moderator: Dorothy Chou Proudfoot, MCBA President-Elect
What is the impact of bias on our civil and criminal practices? How do we address bias in our ostensibly neutral laws and statutes? What is the impact of bias in education and justice on life outcomes for young people of color? How do we address a history of bias in our country and region? Panelists will discuss bias in communities, including racism, bigotry, and Islamophobia
The Fenix, San Rafael Buffet Lunch $45 MCBA members / $55 nonmembers 1 CLE, Elimination of BiasDetails & Registration
See page 12 for details & more events.
President’s Message ........................ 2New Member Offer ..........................3Call for Board Nominations ..............3Recap: Rory Little ........................... 4Help Your Neutral Settle Your Case . 5Director Spotlight: Al Brayton .......... 6Recent Changes to CCP 998 ........... 7Nonprofit Profile: Youth in Arts ...... 8Building Your Practice .................... 9New Members ............................... 11Calendar Details ............................ 12Marketplace ................................... 14
An Official Publication of the Marin County Bar Association
July/August 2016 Volume 47, Issue 7
Calendar of Events
In This Issue
The Marin Lawyer editorial team thanks Summer Guest Editor Susan Feder.
Wed, July 13: 12:00-1:30 PMBusiness Law Section Meeting
Tue, July 19, 2016: 12:00-1:00 PMFamily Law Section Meeting
Wed, July 20: 12:00-1:30 PMProbate & Estate Planning Section Meeting Wed, July 20: 6:00-8:00 PM Second Annual MCBA & CalCPA Midsummer Mixer
Tue, July 26: 12:00-1:30 PMProbate & Estate Planning Mentor Meeting
Wed, July 27: 11:45 AM-1:30 PMMCBA Members LuncheonRacial Justice: Building Healthy Communities & Eliminating Bias
Thu, July 28: 12:00-1:30 PMConstruction Law Section Meeting
Tue, August 23: 12:00-1:30 PMProbate & Estate Planning Mentor Meeting
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The Marin Lawyer
2016 MCBA SPONSORSSILVER SPONSORS
BRONZE SPONSORSBank of Marin
Foley & Lardner, LLPAyanna Jenkins Toney
Williams & Gumbiner, LLP
LEADERSHIP CIRCLE
Interested in joining the Leadership Circle? Contact Mee Mee Wong at 415-499-1314
Elizabeth Brekhus, Esq.Susan Feder, Esq.Peter Flaxman, Esq.Freitas Law Firm LLP
Gertler & Chavez LLPNassiri & Jung, LLPSteven Nielsen, Esq.
Gary Ragghianti, Esq.James Sell, Esq.Lawrence Strick, Esq.
PRESIDENTS MESSAGEHappy Summer Everyone By Larry Strick
I hope that everyone is easing into the beautiful Marin summer season. Often the season slows things down which gives folks a chance to get away and creates an
opportunity to contemplate how the year is progressing. I am happy to report that MCBA Membership is up;
we have 750 members, our largest in several years. The Sections are thriving, work is near completion on the new, improved website, we are working hard on a new com-munity outreach service, “Lawyers in the Library,” and providing interesting networking and MCLE programs.
There has never been a better time to get involved with the MCBA. In the coming weeks, nominations for seats on the MCBA Board of Directors will be made. For those who are interested please feel free to reach out, contact a
Board Member or Mee Mee to learn more about the great opportunities of serving. Personally, serving on the Board has been greatly rewarding.
I hope to see you at our Second Annual “ Midsummer Mixer” on July 20 between 6-8 pm. Join with our cohost CALCPA for a Happy Hour which will take place at 999 Fifth Ave, on the patio for spirits and appetizers. Last year’s event was great fun. We are anticipating it to be bigger and better in 2016!
On July 27, the MCBA Diversity Section has planned what will be a fantastic panel discussion entitled “Racial Justice.” MCBA President-elect Dorothy Chow Proudfoot will moderate a panel discussion regarding the presence, harm, and need to eliminate implicit bias in our law prac-tices. This program will provide 1 hour Elimination of Bias CLE Credit.
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The Marin Lawyer
NOW THROUGH AUGUST 30Special: Half-Off Dues
for New Members
Have you been thinking about joining MCBA?
This is your chance to try us out. Join by August 15, and get 50% off
your 2016 dues, good for the remainder of 2016.
Are you already a MCBA member? Bring in a new member by August 15
and get complimentary dues for one section when you renew in 2017.
Offer good July 1 through August 30.
Join Online or contact [email protected]
MCBA BOARD NOMINATIONS DUE: September 2, 2016
Interested in serving on the MCBA Board of Directors?
MCBA Board Directors give back to our legal community through their leadership
and fiscal oversight, supporting membership evolution and growth, and improving our
liaison with the courts.
The Nominating Committee will announce their recommendations at
the September 28 General Membership meeting.
At any time before October 1, any active member who was not nominated, and who meets the required qualifications, may be
nominated for any office in writing, signed by at least (10) active MCBA members and
presented to the MCBA Secretary, Tom Brown. President-Elect Dorothy Proudfoot
chairs the Nominating Committee.
The final slate will be announced at the October 26 Member Luncheon and posted
on the MCBA website.
Get Involved!
Application: Please contact [email protected].
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JUNE MEMBERSHIP MEETINGProfessor Rory Little Presents 2016 The Supreme Court Year in ReviewBy Susan Feder
The MCBA June 29 general meeting was sold out for the fourth consecutive year. Hastings Law Professor Rory Little educated and entertained the full house with his in-sights into the Supreme Court’s latest term.
The first portion of his talk highlighted general devel-opments in the Court over the past year, while the second portion focused on specific cases of significance. Professor Little confirmed that the biggest “headliner” of the year was the untimely passing of Justice Antonin Scalia on February 13, 2016. An indomitable force on the Court, the passing of this well liked and witty Justice significantly affects the makeup of the Court.
While known as a conservative and strict construction-ist, Scalia was liberal when it came to protecting the Fourth Amendment rights of criminal defendants. His loss is a loss to the defense side of the criminal bench. Little noted that following Scalia’s passing, Justice Clarence Thomas broke his previous silence and asked questions from the bench for the first time in ten years, likely as an honor to Scalia’s memory. It hasn’t happened since.
Professor Little discussed President Obama’s nomina-tion of D.C. Circuit Judge Merrick Garland, and remarked that he had worked with Judge Garland in 1996 in the US Justice Department. Judge Garland is superbly well quali-fied and extremely personable, but is not as liberal in the criminal law arena as was Scalia. Rather, he is a moderate and a consensus-builder, like Chief Justice Roberts. The “conventional wisdom” in DC says Garland will not be confirmed, but predictions are hard to make.
Little noted that the current vacancy and failure to confirm is not unprecedented. Interestingly, from 1841-1845, the Senate refused to fill two Supreme Court vacan-
cies when candidates were appointed by the “accidental president” John Tyler, who ceremoniously declared himself president when President Harrison died suddenly.
There was spirited speculation about what might hap-pen under the two possible presidential scenarios. Would Hillary Clinton choose to nominate a more liberal judge than Garland? Would she consider nominating President Barack Obama, for example? If Trump were to occupy the White House and be faced with a new democratic Senate, could there be a four year refusal to confirm anyone nomi-nated by Trump? When does a delay become too long? All interesting food for thought!
The second portion of Professor Little’s talk focused on significant cases decided during the past term. Important issues addressed during this year’s docket included:
• University race-conscious admissions plan upheld in Fisher v. U. of Texas;
• Texas abortion regulatory statute ruled unconsti-tutional in Whole Women’s Health;
• No federal bribery in acceptance of gifts in return for access in McDonnell v. US;
• Unlawful prosecutorial racial targeting discovered 20 years after guilty verdict in Foster v. Chapman;
• No suppression of evidence found after arrest on outstanding warrant even when initial stop was unconstitutional (prompting a passionate dissent by Justice Sotomayor), in Utah v. Strieff;
• Constitutional voting rights and limits on state and local election districts in Evenwel v. Abbott; and
• Judicial recusal and violation of due process rights in Williams v. PA.
The audience was treated to an in-depth discussion of the practice and procedures followed by law enforce-ment when a driver is arrested on suspicion of DUI. The Supreme Court case of Birchfield v. North Dakota upheld warrantless breathalyzer tests after an arrest. San Rafael Police Officer and lawyer Kevin MacDougold spoke to the group about the use of breathalyzer tests and blood tests, and the imposition of criminal penalties for a defendant’s failure to submit to the latter.
Following Professor Little’s presentation, there was an opportunity for a brief Q and A with the audience, which concluded with our speaker stating it was impossible for him to predict what will happen with the currently vacant seat, and whether the election of a new president might prompt one or more new vacancies by reasons of retirement or health concerns.
The MCBA thanks Professor Rory Little for his fas-cinating presentation, and we look forward to year five of our annual tradition.
Susan Feder is a member of the MCBA Board, and is a full time mediator practicing in San Francisco and Marin. You can reach her at [email protected].
Professor Rory Little and Dorothy Chou Proudfoot.
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The Marin Lawyer
Help Your Neutral Settle Your CaseBy Hon. Lynn Duryee (Ret.)
Wouldn’t it be great if at your next mediation your client left sat-isfied, you felt valued, and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome.
1. Cultivate a relationship with opposing counselLawyers who respect one another have an enormous
advantage when it comes to settlement. They are far more likely to appreciate the strengths and weaknesses of their own case as well as their opponent’s; they respond pro-fessionally to the other side’s movements; and they work around the inevitable roadblocks with ease. By contrast, lawyers who have a conflicted relationship can be disdain-ful of the other side’s arguments and negotiating strate-gies; they are sorely tempted to walk out of the mediation because of an entrenched suspicion that the other side is operating in bad faith.
One of the most effective tools for lawyers in negotia-tions is to cultivate a respectful relationship with opposing counsel. Yes, this is easier said than done, especially in a profession that promotes adversarial relationships over re-spectful ones. But do it for your client. The effort will yield will a huge pay-off not just for the case but for yourself.
2. Bring everything you need to settle completelyBefore the mediation, think about what you will need
to settle the case in its entirety. Perhaps it is a document, such as a settlement agreement, release of lien, quitclaim deed, or dismissal with prejudice. Maybe it’s your client’s checkbook or certified funds. Perhaps it is something intangible, such as tax advice or a reduction of a medical lien. Whatever your case might need to settle once and for all, have it with you at mediation. Knowing in advance what you need reduces the possibility of overlooking some important detail and gives you a template for working with your opponent.
3. Use the pre-mediation call to good effectThe more your mediator knows about the quirks of
your client, the pitfalls of your case, and the concerns of the participants, the better equipped she will be to settle the case. Use the pre-mediation call to give your neutral a head’s up. Some recent examples that were helpful to me:
“My client will settle but she needs to be heard first.”
A good reminder to let the client feel she has had her day in court.
“I will walk out of the room if you talk about the costs of litigation.” Thank you for the warning!
“There is no love lost between me and my opposing counsel.” Hmmm…ditch the joint session and consider break-out rooms that are on different floors.
4. Help your client trust the processThe magic of mediation is mysterious and unknowable,
but it works best when parties come to trust and engage in the process. They should feel comfortable sharing their story with the neutral. They should have a full opportunity to discuss the strengths and vulnerabilities of both sides of the case. By the end of the day, they should feel as if they have had their day in court. If the parties have not been able to agree on an outcome, the neutral might suggest a way the case could settle. If the neutral has earned the parties’ confidence and the proposal is fair, the participants will say “yes” and the case will settle.
A common mistake lawyers make in mediation is impeding their client’s ability to trust the process. This can take the form of demonizing the opposition, fighting with the neutral, or bad-mouthing the process. For example, when a disappointing response is received from the other side, the reactive lawyer might respond with scorn. “See? What jerks! Bad faith!” The client loses faith in the process. The wise lawyer might turn to her client and say, “This is a good start. It’s what we expected. We knew they would start off low, and this number is low. But we are now on our way. Let’s talk about how to best respond.” This response helps the client feel as though the process is working.
5. Be alert to embroilmentLitigation is often compared to war, and for good
reason. In an effort to win, each side battles to promote its position and annihilate the other. Casualties occur in the form of insults exchanged, tempers lost, and enemies made. Lawyers can carry these wounds into settlement negotiations. In the unlikely event that you have lost your professional objectivity, take a few quiet moments to return to your best self. Make sure your client understands that it is his decision to settle and that he is in no way letting you down by choosing to end litigation.
By using these five tools, you are setting the stage for a productive day. Your client will feel heard and understood, you will maximize the opportunity to achieve resolution, and you’ll go home feeling like you’ve done a good job for justice. Nice day’s work!
Lynn Duryee was a judge for 21 years in Marin County and now works at JAMS as a full-time neutral.
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(Continued on page 7)
DIRECTOR SPOTLIGHTAl BraytonBy Susan Feder
What is your practice area?Plaintiffs’ personal injury liti-
gation, representing injured persons and their families. In conjunction with this area, our firm Brayton
Purcell also has a worker’s compensation department, a probate and estate planning department, and an active ap-pellate department. We have offices in Novato, Portland, Los Angeles, and Salt Lake City.
Do you have a particular emphasis?Our primary focus has been on representing victims
of asbestos-related disease. We also represent victims of other toxic exposures including Beryllium, Benzene, and represented many victims of the General Chemical spill. Outside of toxic exposures, we do crematory malpractice, consumer class actions, and other personal injury cases involving significant injury or death. I personally have become very involved in the administration of bankruptcy trusts created to compensate victims of asbestos-related disease, serving as chair of the Trust Advisory Commit-tee on multiple trusts in venues around the country. I am also involved in working with companies to establish and preserve their insurance coverage for toxic exposures.
Why did you decide to become a lawyer?My first goal was to fly in the Air Force, and I attended
the USAF Academy in Colorado Springs and completed the first 40 hours of pilot training while at the Academy. When medical problems prevented me from continuing with pilot training after graduate school at UCLA, I looked for alternatives I could pursue while fulfilling my Air Force service obligations, and work as a JAG looked like one of the better alternatives. I knew from my encounter with organic chemistry as an undergraduate that medical school was probably not a viable alternative.
Why do you live in Marin?Although my office is in Marin (Novato), I actually live
across the Petaluma River in southern Sonoma County at Sears Point. In 2000 I had the opportunity to acquire some land and fulfill a longstanding dream of planting a vineyard and making wine. The house was finished in 2002. It’s a 15 minute commute, and it’s hard to beat life in the country.
What do you love to do when you’re not busy practicing law?
As you may have guessed, when I am not practicing law, I am often doing something related to the vineyard,
either working with the grapes, working with Shane Finley our winemaker, or pouring our wines with my wife Lisa at tastings and events all over the state. The vineyard provides a wonderful balance to the practice of law, and the chance to lose myself in something totally different. It also reminds me time and again that I am really nothing but a farmer. I also enjoy working in my garden, chances to interact with family and friends, and I am always up for a Giants game.
Tell us about your family.I am a newlywed, having married Lisa last Septem-
ber, after a nine-year courtship. We share the vineyard with Magnum and Brix, our chocolate labs who were the “Paws of Honor” at our wedding. Lisa has two sons, and the youngest lives with us and just graduated from San Marin High School and will be starting Santa Rosa Junior College in the fall. Her oldest works at a family restaurant in San Francisco and is bartending, hosting, and learning the trade from the ground up. I have two daughters, both living in Santa Rosa, with three grandchildren and a fourth due in July. We try to bring everyone together at least once a month at the vineyard, and do a family vacation that includes everyone each summer.
If you could pursue any other career besides law, what would it be and why?
That is a tough question, as I think I have about the best job in the world, and can’t imagine doing anything else. I get to pick my clients, hold the powerful account-able, and make a difference in people’s lives. It doesn’t get any better than that. If I had to pick something else, it would probably be architecture, where you could combine aesthetics, functionality, and sustainability.
Why did you join MCBA?I joined the MCBA because I think our role as liaison
to the courts is important, and our role in educating the public and promoting access to legal services fills a critical need in the community.
Why did you become a Director?The decision to become a director was difficult, be-
cause the Board has been blessed with an abundance of talented and dedicated individuals who serve Marin County well, and because my service on the Board of Trustees of the National Judicial College and other organizations makes full participation difficult. At the same time, I think it is important to step up and to give back to my community and profession. I lead the largest law firm in the county (even though we do the bulk of our work elsewhere), and I think the profession and the courts are facing multiple challenges in keeping the courthouse doors open to all litigants, and truly preserving access to justice. The MCBA is in the middle of that fight, and if I can help, I want to be there.
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The Marin Lawyer
(Director Spotlight: Al Brayton, continued from page 6)
If you had to pick a single highlight of your career, what would it be?
Another tough question, but probably being awarded the Champion of Justice award by the Public Justice Foun-dation in 2013. Their goal is “righting wrongs” through meaningful public interest litigation, and to be chosen to receive their highest award was humbling.
Recent Changes to CCP 998 and Recovery of Expert Witness FeesBy James E. Sell
The California Legislature amended Code of Civil Procedure §998 effective January 1, 2016 so
that now both plaintiffs and defendants may recover only expert witness costs incurred after a Section 998 settlement offer has been made.
Before the amendment, there was an imbalance on the award of pre-offer expert witness fees with respect to pre-trial offers to compromise under Section 998. Specifically, a plaintiff could not recover pre-offer expert witness fees, but only post-offer expert witness fees when a defendant unsuccessfully rejected a 998 offer. However, a defendant could be awarded pre-offer expert witness fees under 998 within the trial judge’s discretion. This imbalance was inadvertently created by the Legislature in 2005 when it amended CCP §998.
In Regency Outdoor Advertising, Inc. v. City of Los Angeles (2006) 39 Cal. 4th 507, an outdoor advertising agency brought an inverse condemnation action against the City of Los Angeles. The agency claimed palm trees planted by the City on the boulevard leading in and out of LAX blocked their billboards thereby resulting in millions in lost profits. The City served a 998 offering to remove one of the trees and pay $1,000. The offer was not accepted, the case went to trial, and the Court found the City was not liable under the inverse condemnation theory. The City sought both its pre-offer and post-offer expert witness fees. The agency argued the City was only entitled to recover its post-offer expert witness fees but the Supreme Court held that section 998 did not limit the recovery of expert witness fees incurred post-offer. Thus, the City was able to reach back and recover all of its pre-offer as well as its post-offer expert witness fees.
In Toste v. CalPortland Construction (2016) 245 Cal.App.4th 362, the Court of Appeal concluded that this amendment to section 998 applied to cases pending on ap-peal and remanded a cost award in favor of two defendants to the trial court for further consideration on the expert witness fee award.
As California courts have long recognized, the primary purpose of section 998 is to encourage parties to settle disputes prior to trial. It incentivizes litigants to accept pre-trial settlement offers so as to avoid being penalized and ordered to pay an opponent’s expert witness costs if the final trial award is less favorable than the 998 settlement
offer. See Bank of San Pedro v. Superior Court (1993) 3 Cal.4th 797, 804.
The amendment to CCP §998 furthers promotes the policy to encourage parties to make (and accept) reasonable 998 settlement offers early in litigation. Defense litigants in particular should be aware of this change, as it now oth-erwise limits costs they previously might have recovered.
Jim Sell is a partner at Tyson & Mendes LLP in Lark-spur. His practice focuses on construction disputes, products liability, personal and catastrophic injury, wrongful death and professional liability. He is a member of the Board of MCBA. He can be reached at: [email protected]
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NON PROFIT PROFILEYouth in ArtsBy Susan Feder
Youth in Arts is a San Rafael-based nonprofit dedicated to providing arts learning for children and teens of all ages and abilities. YIA celebrated its 45th anniversary this year.
I have served on the YIA Board of Directors for the past 9 years. Two of my children participated in ‘til Dawn, the award winning youth a cappella group. Both of them continued on to sing in a cappella groups in college, and my daughter Allie is currently a professional singer in Los Angeles. I’m proud of the education YIA provides to a diverse group of students in Marin, and I want to share information about this vibrant and important arts nonprofit with my MCBA colleagues.
Founded to ensure that local children could have ac-cess to music, dance, theater and visual arts—even as funding for school arts programs declined—YIA now reaches over 20,000 students in the North Bay, and has served an astounding one million children over the past 45 years.
Working with an artistically and culturally diverse roster of mentor artists, YIA offers arts programs that link with other classroom curriculum. Although a wealth of research underscores the value of arts education in enhancing student learning, California public schools are consistently underfunded in the arts. A study by SRI International found that two thirds of Marin’s principals reported that the lack of funds acted as a barrier in providing arts for their students. YIA programs help bridge this gap.
YIA is a long-time partner with the Kennedy Center’s program for in-dividuals with disabilities, providing “Arts Unite Us” residencies tailored for special needs students. This program is the ONLY local arts’ program for special education students.
Dynamic Executive Director Miko Lee, confirms: “It is a core principle that we reach ALL learners through the arts. This means not only our “Arts Unite Us” program for students with special needs, but also programs for the most advanced arts students in our community.”
YIA a cappella group ‘til Dawn is well known throughout Marin for its talented young singers and its performances at community events like the Marin County Fair, as well as for inspiring audiences at most of Marin’s public and private schools. YIA recently founded “C Street Project,” a parallel program for advanced teen visual artists. Alumni of these groups have continued to advanced music and arts study, and have successfully launched careers in the arts, thereby building a new creative generation.
Youth in Arts is proud to have served so many of Marin’s students for the past 45 years, and looks forward to enriching the lives of children for many more.
For more information about Youth in Arts programs, including current classes and events for youth and families, please visit www.youthinarts.org.
Susan Feder is a full time mediator in the areas of per-sonal injury, real estate, employment and business litigation. You can reach her at [email protected].
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The Marin Lawyer
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Building Your Practice and Keeping Your BalanceJohn M. Feder
It’s difficult for many lawyers, especially young lawyers, to figure out how to keep a balanced life and
practice. It is easier to talk about how to build a law practice. To build a law practice, we must dedicate ourselves
to putting the time, energy and resources into any case we have chosen to handle. An essential part of that equation is the ability to say, “No, I cannot take your case.” It is hard to decline a case when a prospective client is begging you to take it, but your time and energy are scarce resources, and to do a great job on all your cases, you must be selective. For example, a difficult case with uncertain damages is likely to remain that way no matter how much time, energy, and creativity you put into it. Lawyers need to spend more time with witnesses and clients to fully understand all aspects of the case at hand. Spending time with our clients and pro-spective witnesses helps put a human face on the process.
Practicing law can be a lonely occupation; we spend lots of time doing research, reviewing thousands of pages of documents, preparing trial briefs, cross-examination out-lines, and figuring out the proper strategies to maximize our client’s recovery. Gerry Spence has an excellent book, Win Your Case, in which he talks about the loneliness of being a trial lawyer, the need to find play while we work.
Spence says, “The ‘lesson of the thumbs’ must be fol-lowed.” Your thumbprint is unique to you. He points out that our very essence as persons is also unique among all other living human beings. He is correct when he says a lawyer’s power in the courtroom emerges from his or her uniqueness.
Focus on Listening to OthersListening to others is an essential skill for trial lawyers
(as well as parents). I heartily recommend a book entitled How to Talk So Kids Will Listen and Listen So Kids Will Talk, by Adele Faber and Elaine Mazlish. This book has been a national bestseller.
Lawyers are Quick to Judge; Instead, Focus on the Heart
As lawyers, we have our own methods of solving prob-lems, of speaking with clients, of dealing with adversaries. We are quick to argue and cross-examine. Law school was about logic, facts, and the application of law to facts. But as human beings, our successes must also depend on our abil-
ity to understand and fully appreciate emotions—not only of those with whom we come in contact, but also our own. Our heart is our key asset in work and in the rest of our lives.
What is Important to You?Our commitment to our clients must be honored. That
means spending more time with our clients, visiting their home, understanding their circumstances, learning more about the nature and extent of their injuries and how those injuries affect the quality of their lives. The more time we spend with witnesses in our cases, the better job we will do on behalf of that client. Do not underestimate the benefits of spending more time with witnesses and clients.
How does one do that while balancing family time and a life outside the office?
• Work hard, play hard. When you are working, be focused, efficient and “all in.”
• When relaxing with family and friends, take the time to truly unwind and enjoy the moment.
When I think of special moments in my lifetime, I think of time spent with family, friends, coworkers and clients. Your children can tell instantly when you are fully attentive
(Continued on page 10)
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The Marin Lawyer
and when you’re not. When you’re with your kids, don’t just be there physically, be there mentally. Some of my favorite moments as a parent have been the nightly ritual of getting the kids ready for bed.
If you imagine what you would like to have said about you at the end of your life, you want it to be about you relationships.
Make Your Work as Pleasurable as Possible • Look for cases where you can make a significant
difference in someone’s life. Your ability to say “no” will keep you sane. The way to build your practice is not with more cases, but with fewer and better cases.
• Use lunch and dinner meals as human interaction time. Lunches with colleagues, law-school class-mates, friends, and associates are a great way to keep you connected to people, and to build your practice. Having dinner with your children is one of the most important gifts you can give your kids.
In Nigel Marsh’s book, Fat, Forty and Fired, he relates that he was a corporate lawyer for years, eating, drinking, and working too much, and neglecting his family and loved ones. He points out that if you don’t design your life for yourself, someone else will. We cannot leave the quality of our life to the hands of our employers. So I recommend you make a list of the things that make you happy and make sure you do a least one thing on that list every day. Taking time to nurture yourself is a key to a successful life.
Some people decide they will leave time for family and friends when they have retired, but by that time they may find themselves divorced and estranged from their kids. Approach your life with balance. Not every day will be balanced, but you can have a quality connection with person even if it’s a relatively short. As others have said, “never get so busy making a living that you forget to make a life.”
Look for the HumorA well-developed sense of humor is “the pole that
balances your steps as you walk the tightrope of life” said William Arthur Ward. Others suggest that we should think about spending our time in the same manner that we think about spending our money, you don’t throw money away, so don’t throw your time away.
Stephen Covey, who wrote The Seven Habits of Highly Effective People, reminds us “the key is not to prioritize what’s on your schedule, but to schedule your priorities.” This requires that we think carefully about what is part of our formula for success and happiness.
Eleven Tips1. Don’t cross-examine your loved ones:
C.C.P. § 776 does not apply.2. Recharge your batteries regularly.3. Build your lifestyle into your practice.4. Look for the admirable traits in your clients and
your loved ones.5. Schedule your real life, not just your work life.6. Learn something new every day.7. Show gratitude every day.8. Turn off your cell phone and computer to be
present with your loved ones. 9. Don’t expect to be “balanced” daily; some days
are unusually demanding.10. Be a better listener daily.11. Find your fun, and find time to enjoy your fun.
John Feder is a partner with Rouda, Feder, Tietjen and McGuinn, specializing in catastrophic plaintiff’s personal injury. He is a Past President of Consumer Attorneys of California, and the San Francisco Trial Lawyers Associa-tion. You can contact him at [email protected].
(Building, continued from page 9)
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Darin LeviloffFroneberger & Leviloff24 Professional Center Pkwy, Ste 200San Rafael CA [email protected]
Ezekiel RauscherSidley Austin LLP1662 Hayes StreetSan Francisco CA [email protected] Attorney
David Shane1000 Drakes LandingGreenbrae CA [email protected]
Kirsten StewartHired Hands Homecare10 Commercial Blvd. Suite 102Novato CA [email protected] Non Attorney
Nanette StringerLaw Office of Nanette Stringer24 Red Hill CircleTiburon CA [email protected]
Stephanie Vollmer1624 Capistrano Ave.Berkeley CA [email protected] First Year in Practice
Jordan Wolff55 Maria Dr. Apt 228Petaluma CA [email protected] First Year in Practice
Michael Yakumithis170 Willow AveFairfax CA [email protected] First Year in Practice
Aejung YoonLaw Office of John Burris7677 Oakport St Ste 1120Oakland CA [email protected] First Year in Practice
Rong ZhouPO Box 5110S. San Francisco CA [email protected] First Year in Practice
Michael BlacksburgWells Fargo Private Bank770 Tamalpais Drive, Suite 220Corte Madera CA [email protected]
Suzanne Dwight350 Bon Air Center, Ste. 100Greenbrae CA [email protected] First Year in Practice
John FitzpatrickPO Box 470758San Francisco CA [email protected] First Year in Practice
Brian Francis1050 80th AveOakland CA [email protected] First Year in Practice
Catherine KendrickDeLacey Riebel Family Law Group, LLP770 Tamalpais Dr. #315Corte Madera CA [email protected]
Daniel LentzHanson Bridgett125 Market St Fl 26San Francisco CA [email protected] First Year in Practice
NEW MEMBERS
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CALENDAR DETAILS
Wed, July 13: 12:00-1:30 PMBusiness Law Section MeetingLitigating Over Trade SecretsSpeaker: Ben Berkowitz, Keker & Van Nest, LLPLocation: Town Center Community Room, 770 Tamalpais Dr, Suite 201Brown Bag Lunch 1 hr. CLE, generalRegistration & InfoContact: Kassra Nassiri [email protected]
Tue, July 19, 2016: 12:00-1:00 PMFamily Law Section MeetingSeveral New Uses for Reverse Mortgages Speakers: Mary Jo Lafaye, Reverse Mortgage Specialist and Barry H. Sacks, J.D., Ph.D.Marin County Courts, Courtroom HCost: $10 Non-MembersBrown Bag Lunch, 1 CLE CreditDetails & RegistrationContact: Abby Lucha, [email protected] or John Brekhus, [email protected]
Wed, July 20: 12:00 – 1:30 PMProbate & Estate Planning Section MeetingChange in Ownership: An Introduction & Update for Estate PlannersSpeaker: Leslie Ang, Tax Counsel, Board of Equalization Location: Town Center Community Room, 770 Tamalpais Dr, Suite 201Brown Bag Lunch, 1 hr. CLE, generalRegistration & InfoContact: Anne Reilly [email protected] or Dan Furhman [email protected] Wed, July 20: 6:00 – 8:00 PM Second Annual MCBA & CalCPA Midsummer MixerCost: $25 members / $35 nonmembers999 Fifth Avenue, San RafaelMust be over 21 with proper ID to attendRegistration & InfoContact: [email protected]
Tue, July 26: 12:00 – 1:30 PMProbate & Estate Planning Mentor MeetingLerman Law Building, 802 B Street, San Rafael RSVP to Michelle Lerman [email protected] or Debra Whitehouse, [email protected]
Wed, July 27: 11:45 AM – 1:30 PMMCBA Members LuncheonRacial Justice: Addressing Implicit Bias in Our Legal PracticesZahra Billoo, SF Executive Director, Council on American-Islamic Relations, Manny Fortes, Staff Attorney, SF Office of Citizen Complaints, Zachary Norris, Executive Director, Ella Baker Center for Human Rights Moderator: Dorothy Chou Proudfoot, MCBA President-ElectCost: $45 members / $55 nonmembersLocation: Key Room, 1385 Hamilton Pkwy, NovatoRegistration & InfoContact: [email protected]
Thu, July 28: 12:00-1:30 PMConstruction Law Section MeetingAccounting & Commercial Damages: Tips & Tricks for Working with the ExpertsSpeaker: Jeff RedmanRagghianti Freitas, 1101 Fifth Avenue, Suite 100Brown Bag Lunch, 1 CLE CreditRegistration & Info
Tue, August 23: 12:00 – 1:30 PMProbate & Estate Planning Mentor MeetingLerman Law Building, 802 B Street, San Rafael RSVP to Michelle Lerman [email protected] Debra Whitehouse, [email protected]
Thu, Aug 25: 12:00-1:30 PMConstruction Law Section MeetingHow Digital Drawings and BIM are Changing Construction Law & the Evidentiary Challenges they PresentSpeaker: Mark RiceMcNeil, Silveira, Rice & WileyRagghianti Freitas, 1101 Fifth Avenue, Suite 100Brown Bag Lunch, 1 CLE CreditRegistration & Info
Wed, Sept 21: 12:00 – 1:30 PMProbate & Estate Planning Section MeetingTBALocation: Town Center Community Room, 770 Tamalpais Dr, Suite 201Brown Bag Lunch, 1 hr. CLE, generalContact: Anne Reilly [email protected] or Dan Furhman [email protected]
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Intellectual Property & Business Lawyer Joins Monty White LLP
Monty White LLP is pleased to announce that Francine Ward has joined the firm as Of Counsel. Francine’s practice comprises copyright and trademark law, entertainment and publishing law, social media law, and business transactions. Educated at the Georgetown University Law Center, Francine is admitted to practice in California, New York, and the District of Columbia. She advises on the protection and maintenance of IP rights, the avoidance of infringement actions, business contracts, contests and sweepstakes, and social media legal issues.
Monty White LLP is a ten-attorney firm with offices in San Rafael, Santa Rosa, and Palm Desert. Practice areas include personal injury, construction, estate planning, real estate, land use, nonprofit law, immigration, elder law, general civil litigation, family law, business, and intellectual property.
San Rafael Office1000 Fourth StreetSuite 425San Rafael, CA 94901tel: 415.453.1010www.montywhitelaw.com
Estate Planning And Real Estate Attorney Joins Monty White
Monty White LLP is pleased to announce that Victoria Maxwell has joined the firm as Of Counsel. In addition to being an attorney, Ms. Maxwell is also a California licensed real estate broker, and a candidate for a Masters of Law Degree in Estate Planning and Taxation. Vickie is also approved by the Hyatt and ARAG legal plans, and is active in the California Advocates for Nursing Home Reform.
Monty White LLP is a nine-attorney firm with offices in San Rafael and Santa Rosa. Practice areas include personal injury, construction, estate planning, real estate, land use, nonprofit law, immigration, elder law, general civil litigation, and family law.
Santa Rosa Office170 Sotoyome Street, Suite 3Santa Rosa, CA 95405
San Rafael Office1000 Fourth Street, Suite 425San Rafael, CA 94901Tel: 415.453.1010 [email protected]
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Use the 1031 Exchange Intermediary Other Intermediaries
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David M. Hellman, President TEL: (415) 457-4411Attorney & CPA FAX: (415) 457-0356
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A s s o c i a t i o nThe Marin County Bar
Patricia ConwayRodrigo Dias Dotty LeMieux James Sell Romy Taubman
Alan Brayton Nicole CabaletteDamon ConnollyCharles DresowSusan Feder Christian Martinez
The Hon. Michael Dufficy Ret. Caroline Joachim Shelley A. Kramer Patricia Medina
UP TO 9 WINDOW OFFICES AVAILABLE for sub-lease within law firm, across from Larkspur Country Mart. Ample, free parking. Includes full reception services, mail delivery and processing, secretarial work stations, shelving and storage for files, law library, kitchen, conference rooms, potential use of copiers and scanners. $950 - $1450 per office, depending on size and secretarial stations. Contact: Art or Kim (415) 464-8888
OFFICE SPACE IN “A” CLASS BUILDING along the Corte Madera Creek on Sir Francis Drake Blvd available immediately: Law firm is subletting two window offices; also available space for support staff station and storage. Please email Tina Baker at [email protected] or call 415-755-1880 if interested.