sccba 2014 board of directors · sccba 2014 board of directors 2014 santa cruz county bar...
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SCCBA 2014 Board of Directors
2014 Santa Cruz County Bar Association Board of Directors: (L to R) Anthony Condotti, Laura Walther (Secretary), Pamela Mathiesen (President-Elect), Emily Trexel, Nathan Benjamin (Treasurer), Thornton Kontz (Past President), John Burton (President), Burleigh Cooper, Tom Griffin.
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SANTA CRUZ COUNTY BAR ASSOCIATIONAND LAWYER REFERRAL SERVICE
340 Soquel Avenue, Suite 209 ˜ Santa Cruz, California 95062 Telephone: 831.423.5031 ˜ Fax 831.423.6202
E-Mail: [email protected] ˜ Web: www.santacruzbar.org
PresidentJohn Burton
President ElectPamela Mathiesen
Past-PresidentThornton Kontz
SecretaryLaura Walther
TreasurerNathan Benjamin
Directors-at-LargeAnthony Condotti Burleigh Cooper Thomas Griffin Emily Trexel
Executive DirectorLinda M. Martin
July 1, 2014
Dear SCCBA Members,
We know you value your SCCBA newsletter, and research has revealed to us that your favorites are the Calendar and Photo Pages, Legal Community Announcements and valuable Services provided by our advertisers.
In our quest to provide what you want, we are redesigning the Bar Briefspublication to include all the items listed above. We will also include articles submitted by members. So feel free to contact us with ideas of your own or articles you’ve read which you feel are worthy of reprinting in our publication.
As an example, in this edition, Fred Ebey contributed an ethics article, Eleanor Southers submitted an article about combating procrastination, and the Law Library has an announcement.
What we are discontinuing are the labor intensive “Feature Article,” and “Spotlight On...” sections. They require more staff time than we can justify. The newsletter will be smaller, but we hope it will become more interesting and valuable to you as a member.
Further research has revealed that most members would like to receive the BarBriefs as an online-only publication, so we will continue with that policy which was established a few years ago.
Your participation in all aspects of the Association is greatly valued. Feel free to contact any Board member or the Bar staff at any time. We would like to hear your feedback regarding our new “design” of the Bar Briefs.
Best regards,
SCCBA Board of Directors
F:\Newsletter\2014 Newsletters\3q2014\Cover letter for this issue.doc Santa Cruz County Bar Association July / August / September 2014
BAR BRIEFSA Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Third Quarter 2014
Attorney Shield - Insurance ....................................... 6Bailey Properties ........................................................ 4 Cartwright, Harold - Mediation ................................. 3Dan Casagrande - Reverse Mortgage ......................... 14Cottle, (ret) Justice Chris - Mediation/Arbitration ..... 9Hartsell & Olivieri - Court Reporters ........................... 4JAMS - The Resolution Experts .................................. 12
McBride and Associates - Court Reporters ................ 9Law Office of Ian McPhail .......................................... 4Monterey Bay Mediation ........................................... 10Steve Premo - Legal Research .................................... 3Pulone - Court Reporters ........................................... 6Raymond James - Financial Services .......................... 10Larry Stone, MFT ....................................................... 4
ADVERTISERS INDEX
April MCLE - page 5
2Santa Cruz County Bar Association July / August / September 2014
contents
June MCLE at the Courthouse - page 13
May MCLE - page 8
How Our Attorney Oath Got Changed,
by Fred Ebey - page 7
Positive Change is Afoot! at the Law Library - page 9
Procrastination: Everyone Does It, by Eleanor Southers -
page 11A Heartfelt Thank You
to the Santa Cruz Legal Community, from Brian
Murtha - page 14
Calendar - page 3
Upcoming Events list -
page 15
3
July 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Real Property Section: no meeting Estate Planning Section: no meeting
1 2 3 4Independence
Day
5
6 7 8 5:30 pm: The Advodates:Judicial Meet & Greet – Judge Marigonda
9 10 11 12
13 1411:45 am MCLE/EthicsIda Abbott – SponsoringWomen
15 1612 noon:
Bench BarDept 5
17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
Individual events are linked to the online calendar at www.SantaCruzBar.org.
Santa Cruz County Bar Association July / August / September 2014
Harold B. Cartwright, Esq. Available for Mediation
CARTWRIGHT, SCRUGGS, FULTON & WALTHER
716 Ocean St., Ste. 100 Santa Cruz, CA 95060
Phone: 457-1700 Fax: 457-3788 [email protected]
www.csfwlaw.com
NOTE: The Santa Cruz County Bar Association is a State Bar of California approved MCLE provider #2071 and certifies that these activities have been approved for MCLE credit by the State Bar of California
August 2014 - The Advocates meet on Tuesday, 8/12
Joanne BurtonREALTOR©
Bailey Properties, Inc.9119 Soquel DriveAptos, CA 95003831.688.7434 x529Fax: 831.685.6422Cell: 831.818.1634jburton529@gmail.comwww.joanneburtonproperties.comDRE# 01407355
5:30pm The Advocates at 515 Kitchen & Cocktails
5-7:30 pm Fall Fling benefits LRS
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September 2014 Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
11:45 am Brown Bag - Dept 5/Santa
Cruz Court MCLE-Subst. Abuse Credit
Santa Cruz County Bar Association July / August / September 2014
*** FREE ***Fireproof File Cabinet
available for free!4-drawer, legal size, lock and key
You pay to move from storage facility in Aptos.
Contact: Law Office of Ian McPhail(831) 427-2363
Larry Stone, MFTMarriage and Family TherapistDivorce/Custody MediationCo-Parenting Counseling Child Custody EvaluationParenting Coordination
Couples Counseling Individual Psychotherapy
Call for Information 831-600-7665 Referrals appreciated
Websites: www.StoneMFT.com & www.MediateCustody.Com
5Santa Cruz County Bar Association July / August / September 2014
SCCBA MCLE Seminar
“Social Media: Can I? Should I? ....” Monday, April 7, 2014
Speaker Michelle GallowaySCCBA President John Burton presents
certificate of appreciation to Jeffrey Bosshard for his 40 years of participation
in the Lawyer Referral Service.
6Santa Cruz County Bar Association July / August / September 2014
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FOR PROFESSIONAL LIABILITY COVERAGE
To learn more, call 1-800-510-8240 or visit www.attorneyshield.com.
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1-888-280-6649Fax 831-457-6078 [email protected]
Schedule online at www.pulone.com
1414 Soquel Avenue, Suite 222Santa Cruz, California 95062
and1550 The Alameda, Suite 150
San Jose, California 95126
Global Reporting & Videoconferencing
Nationwide Conference Rooms
• Rated “A” (Excellent) by A.M. Best for financial strength and operating performance• No case settled without the insured’s consent• $50,000 in Claims Expenses Outside the Limits included• Risk management advice hotline at no additional charge
FOR PROFESSIONAL LIABILITY COVERAGE
To learn more, call 1-800-510-8240 or visit www.attorneyshield.com.
Professional liability insurance is underwritten by Professional Solutions Insurance Company. A.M. Best ratings range from A++ to S. As an insured, your firm qualifies for up to 2 hours of risk management consultation annually. ©2012 PSIC NFL 9288
The Right Pick
AttorneyShieldP R O F E S S I O N A L L I A B I L I T Y I N S U R A N C E
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14001 University Ave., Clive, IA 50325
PSIC Professional SolutionsINSURANCE COMPANY
7Santa Cruz County Bar Association July / August / September 2014
Civility is an important part of being a professional. It is hard to feel professional while engaging in a screaming match, employing underhanded tactics or simply refusing to extend common courtesies to an opponent. Although preservation of the Seventh Amendment’s right to a jury trial in civil cases is the principal mission of the American Board of Trial Advocates (“ABOTA”), promoting the practice of civility among trial practitioners runs a close second.
Nearly ten years ago, David Casselman of Los Angeles, as President of CAL-ABOTA (which consists of the leaders of the eight California Chapters of ABOTA), created a video seminar called Civility Matters. That video, updated and revised, has spread across the nation. Now Civility Matters seminars are presented annually throughout the nation at law schools and bar association meetings.
Nearly two years ago, another CAL-ABOTA President, Doug DeGrave (of Orange County), mentioned at an executive committee meeting that he thought the oath every new attorney takes should have a civility component. Doug started at the top in his quest to turn his idea into reality by meeting with Chief Justice Tani G. Cantil-Sakauye of the California Supreme Court who was immediately supportive of the idea. CAL-ABOTA then petitioned the Supreme Court for a modification of the attorney oath.
DeGrave next called the State Bar’s Executive Director, former State Senator Joe Dunn, who also supported the concept. Senator Dunn put Doug in touch with State Bar President Patrick Kelly. Pat embraced the notion and formed a State Bar committee to study the idea and work out the details.
The State Bar process was lengthy but finally culminated late last year when a proposal to modify the oath was sent out for comment. The final version was submitted to the Supreme Court and approved by it this April, making this the first change in the
HOW OUR ATTORNEY OATH GOT CHANGEDBy Fred Ebey, of Grunsky, Ebey, Farrar and Howell
attorney oath in over 140 years. The revised oath became effective on May 23, 2014.
The words added to the oath are simple, “As an officer of the Court, I will strive to conduct myself at all times with dignity, courtesy, and integrity.” The words chosen are rather close to one of the specific purposes listed in ABOTA’s Mission Statement: “To elevate the standard of integrity, honor and courtesy in the legal profession.”
California is not the first state to implement this type of change. Fifteen states now have some civility component in their attorney oaths and others are actively taking steps to do the same.
According to Doug DeGrave: “The change in the oath can be the beginning of a new public perception of attorneys.” The new oath will also serve as a reminder to all lawyers to adhere to principles of professionalism, said State Bar President Kelly.
We need the reminder. In the heat of battle and under the pressure to win, it is easy to start getting personal. We need to remember that the lawyer on the other side is your opponent, not your enemy.
Squabbling, bullying and refusing to extend common courtesies demean our profession and ultimately waste time and money, usually our client’s money. Pat Kelly points out, “you can stand your ground where necessary in a courteous, professional way.” Pat believes those who practice civility are “a much more worthy and serious opponent in any dispute”.
It is CAL-ABOTA’s hope that the revised oath will help halt the decline in civility and spark a rise in professionalism.
Fred Ebey, of Grunsky, Ebey, Farrar & Howell, is a past president of the CAL-ABOTA board.
SCCBA Annual Awards
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SCCBA MCLE Seminar: Annual State of the CourtPresented by Judge Paul MarigondaMonday, May 5, 2014
Presiding Judge Paul Marigonda
Judge Paul Marigonda with Roland K. Hall Award recipient Nathan Benjamin
Judge Paul Marigonda with Pro Bono Award
recipient Ed Frey
Santa Cruz County Bar Association July / August / September 2014
9Santa Cruz County Bar Association July / August / September 2014
Quality Professional Court Reporting Services in Santa Cruz, Monterey, Bay Area, and Nationwide since 1976• Complimentary Conference Rooms• Certified Legal Video Specialists• Specialists in Complex Testimony• E-trans/ASCIIs• Convenient Location – 1 Block from Courthouse• Real Time/Daily Copy• Document Copying and Storage• Complete Litigation Support• Interpreter Scheduling• Will Travel for Out-of-Town Depositions• Experienced former Official Reporters Available for Trials/Hearings
Phone: 831.426.5767 • 888.909.5767Fax: 831.426.9585
340 Soquel Ave Ste 121, Santa Cruz, CA 95062 [email protected]
www.mcbrideandassociates.com
Lisa McMillan &Tanya Miraglia
Lately, whenever I’ve written about change at the Law Library it hasn’t been good; reduced hours, budget decline, collection cuts, or all three. We are still plagued by budget issues, but in spite of that, I am finally able to write about positive change. Over the next several months, we will be upgrading our seven public computer stations, and our two copiers! This technology upgrade was made possible through the combined generosity of the Borina Foundation, and the legal community. Some of these are Scrabble dollars at work!
With the implementation of new technology comes the integration of new software. Bad news first; both our computers and copiers will function differently. But don’t worry staff is here to assist you. The best news is that we will be able to offer more
Positive Change is Afoot!by Renee Fleming, Law Librarian
services that, if you take advantage of, will help to make your life easier – at least while you’re in the government complex.
Look for upcoming information on new services and new membership options. We hope to have our new membership options worked out by July 1st. If you currently have after hours access, or a copy account (what we call a membership because of the perks), then you will receive information about our new options with your July bill. If you have been delaying acquiring a membership, now is the time to review our enhanced membership levels and select one that suits your needs. Check out our website www.lawlibrary.org as it gets closer to July 1 to see what we will be offering.
10Santa Cruz County Bar Association July / August / September 2014
11Santa Cruz County Bar Association July / August / September 2014
Are you interested inworking with LRS?We send clients to your office.
The fiscal membership year is July 1, 2014 through June 30, 2015.
Contact us at: 425-4755 or send us an email at sccbar@ sbcglobal.net or through our website:
www.LawyerReferralSantaCruz.org
Join Lawyer Referral Service
Procrastination is the single most important time waster we have. Guess what is the number one area of procrastination? EXERCISE. Yes, we all know it is the “fountain of youth”, etc. etc. yet, how easy it is to drive right by the Gym on the way home. Now, there are some people out there that really like to exercise. We see them jogging along in the mornings and know that they are happy, healthy and skinny. We long to be there, happily running along side but can never quite get ourselves worked up enough to “just do it”. We even have a whole group in our Bar Association who goes to “boot camp” at the crack of dawn. They are our heroes!
But, unfortunately, there are OTHER WAYS to procrastinate. Why, you ask, do humans put off even serious stuff that they know should be done? This even goes to things like not taking medication or going to the doctor for really serious stuff. A study showed that people who are on the edge of glaucoma and need to put drops in their eyes every night to keep it at bay, are only 80% compliant. Without the medication, glaucoma will develop. With the medication, it won’t. How bad is that? To start to get a handle on this let’s look at seven possible reasons for procrastination. First, we can be scared of what we might get into by doing it. Second, we really don’t like the task at hand. Third, we feel overwhelmed. Fourth, some people get a rush from waiting until the last minute. Fifth, having an unrealistic view of the time it takes to do a task. Sixth, having psychological or physical problems that makes it difficult to get things done. And last, striving for perfectionism which is unrealistic.
As attorneys, we know that procrastination can cause untold misery. How about the attorney who blows statutes or always has to clean up messes that arise because motions or other work doesn’t get done on
PROCRASTINATION: Everyone Does It! By Eleanor SouthersProfessional Legal Coach
time. Most of us aren’t that bad, but procrastination does intrude in our lives and most of us could live without it.
Now comes the homework. Before my next article comes out which will contain some ways to overcome procrastination, write down the areas of your life. This will be things like Health, Home, Career Planning, Personal, Family, School, Social, Work and anything else you can think of. Then write one thing in each of those areas that you are now procrastinating on doing. For instance, my very first one is “going to the gym three times a week, every week not just when I feel like it (which might be never)”. Then look at the seven things that might be holding you back from doing the task. Mine is number two . I don’t like to exercise. I have never felt any endorphins rushing and I get sweaty.
Try to find at least 5 of these specific procrastinations that you would like to tackle. Next issue we’ll get down to the nitty gritty and offer some solutions. The first one, of course, is something you’ve already done. You have recognized and identified TASKS that need doing Congratulations, you are on the road to procrastination-free bliss .....
12Santa Cruz County Bar Association July / August / September 2014
JAMS Silicon Valley Resolution Center160 W. Santa Clara St. | Suite 1600 | San Jose, CA 95113
www.jamsadr.com/jams-silicon-valley
SCCBA MCLE Seminar
“Four Steps to Ethical and Empathic Client Relationships and
Communications” Thursday, June 19, 2014
Speakers Marina Smerling (l) and Itzel Berrio
13Santa Cruz County Bar Association July / August / September 2014
Brown Bag Lunch at the Superior Court
14
A HEARTFELT THANK YOU TO THE SANTA CRUZ LEGAL COMMUNITY
I awoke early one morning recently, as I have been doing a lot since Brianna died. I was lying on my back in our cathedral-ceilinged bedroom, it was dark and quiet. I stared into the gloom at the top of the room. And then I heard a faint pit-pat on foliage outside a near-by open window, followed by tentative taps on the top of the roof Soon the taps were joined by a few others, than a lot of others, creating a gradual filling of the room with the delightful sound of rain. That insertion of sound into my tortured consciousness displaced all thought and released me into the joy of just listening to all of the individual concussions of rain drops from above.
The above sound of rain is a perfect allegory for the many, many cards and letters and emails and facebook postings and, most of all, hugs that I have received from my colleagues in our legal community, the place where I most interact with the public. Each one displaced a measure of sadness, and allowed me to function (after a fashion). I hesitate to single anyone out, but Tamyra Rice’s spontaneous hug in the middle of Judge Connolly ‘s court room was pretty special. I’d been wondering how I was going to handle doing appearances.
Thank you all - it is a privilege to be part of this community.
Santa Cruz County Bar Association July / August / September 2014
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15
340 Soquel Avenue, Suite 209Santa Cruz, California 95062tel 831-423-5031 / fax 831-423-6202email sccbar@sbcglobal.netwww.santacruzbar.orgwww.lawyerreferralsantacruz.org
President: John Burton: 425-5023President-Elect: Pamela Mathiesen: 429-0181Past President: Thornton Kontz: 427-2727Secretary: Laura Walther: 457-1700Treasurer: Nathan Benjamin: 425-8999Directors At Large: Anthony Condotti: 423-8383 Burleigh Cooper: 425-5023 ThomasGriffin:422-2444 Emily Trexel: 429-1212 Executive Director: Linda M. Martin: 423-5031
Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation, Inc. (SCCBA). The opinions expressed herein do not necessarily represent the opinions of the SCCBA, itsofficers,directors,members,ortheeditor.
Editor: Pamela Mathiesen: 429-0181
Newsletter Layout and Design:Evelyn Volpa, Creative Designs685-3314; [email protected]
Editorial submissions to Bar Briefs are welcome. However, we accept no re-sponsibility for the custody or return of materials submitted for publication.
All submissions for publication become the exclusive property of SCCBA. All rights reserved.
Advertising rates and policies are made available by the SCCBA Board and Executive Director. Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised.
Copyright © 2014 SCCBA
Santa Cruz CountyBar AssociationUpcoming Events
JulySCCBA - The Advocates (newer lawyers)Judicial Meet & Greet with Judge Marigonda5:30-7:30 Vino Prima, Santa Cruz Wharf. Contact: [email protected], or [email protected]
SCCBA MCLE - BIAS Credit - WLSCC co-sponsorMentoring for Success-- Sponsoring Women: What Men Need to Know. Speaker: Ida Abbott. Hotel Paradox, 611 Ocean St, Santa C ruz. Registration 11:45. Pricing: $35 for Atty members; $40 for Atty non-members; Others, $30. Questions? Contact: Santa Cruz Bar, 423-5031 or [email protected]. One unit MCLE credit.
Bench-Bar Meeting12:00 noon, S.C Court, Dept. 5, 701 Ocean St. Agenda items to [email protected]
AugustSCCBA - The Advocates (newer lawyers)5:30-7:30 Shadowbrook Restaurant, 1750 Wharf Rd, Capitola, 95010. The Advocates is classing it up! Come join us for some excellent food and cocktails at one of the finest establishments in the County. Ride the Gondola, enjoy the gardens, and swap stories! The Shadowbrook features a Two-For-Tuesday happy hour – 2 for the price of one on all pizzas and appetizers (in the lounge area, where we will be) and select (i.e. well) cocktails, draft beer, and house wine for just $5.95! Contact: [email protected], or [email protected]
SeptemberSCCBA - The Advocates (newer lawyers)5:30-7:30 515 Kitchen & Cocktails, 515 Cedar St., Santa Cruz 95060.
SCCBA - Fall Fling Benefiting Lawyer Referral Service of Santa Cruz County. 5:00-7:30 pm - 1461 Old San Jose Rd., Soquel. Contact: [email protected] or 831-423-5031 SCCBA - MCLE Substance Abuse Credit (Brown Bag Lunch)Speaker David Mann, The Other Bar. S.C. Court, Dept. 5, 701 Ocean St, Santa Cruz. $10 for 1 unit Substance Abuse MCLE credit; otherwise free. Questions? Contact: Santa Cruz Bar, 423-5031 or [email protected].
Coming in OctoberSCCBA - MCLECivil Law UpdateSpeakers: Tim Schmal and Judge Paul MarigondaHotel Paradox, 611 Ocean St, Santa C ruz. Registration 11:45. Pricing: $35 for Atty members; $40 for Atty non-members; Others, $30. Questions? Contact: Santa C ruz Bar, 423-5031 or [email protected]. One unit MCLE credit. 10/15/14 Bench-Bar Meeting12:00 noon, S.C C ourt, Dept. 5, 701 Ocean St. Agenda items to [email protected]
Estate Planning Section: No meeting in the summerReal Property Section: No meeting in the summer
Santa Cruz County Bar Association July / August / September 2014
MCLE
MCLE
MCLE
Tues 8
Mon 14
Wed 16
Tues 12
Tues 9
Thurs 11
Wed 17
Mon 6
Wed 15
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Santa Cruz County Bar Associationand Lawyer Referral Service340 Soquel Ave., Ste. 209Santa Cruz, CA 95062
SCCBA MembershipSanta Cruz County Bar Association
50% Membership Discount
For those who have not renewed their membership in the Bar Association, we offer a 50% discount on membership from July 1 through December 31, 2014. Membership includes full benefits with the exception of hard copies of the newsletter and member directory, which can be purchased for an additional charge or viewed and printed on our web site: www.santacruzbar.org
The Bar Association membership application is also on the web site and can be electronically forwarded with your credit card or you can print it and send it with your check.
For questions, contact us at 831-423-5031 or [email protected].
Santa Cruz County Bar Association July / August / September 2014