June 2016
The Marin Lawyer
Volume 47, Issue 6
An Official Publication of the Marin County Bar Association
MCBA MEMBERS LUNCHEON
WED, JUNE 29, 2016 | 11:45 AM – 1:30 PM
2016 U.S. Supreme Court Update
Important Decisions & Filling the Supreme Court
Vacancy: Facts and Politics
Speaker: Professor Rory Little
Constitutional Law Professor, UC Hastings
RESERVE TODAY! Event will sell out.
The Club at McInnis Buffet Lunch
1 General CLE
$45 MCBA members / $55 nonmembers / $65 walk-ins
Details & Registration | More Info on Page 4
MARIN MIDSUMMER MIXER
WED, JULY 20, 2016 | 6:00 – 8:00 PM
In This Issue
President’s Message......................... 2
Nonprofit Profile: 10,000 Degrees.....3
June Member Lunch: Rory Little..... 4
Scalia and Ginsburg......................... 4
Recap: May Veterans Lunch.............. 6
Profile: Hon. Stephen Freccero........ 8
Recap: Freccero Induction............... 9
Judges Corner: Roy Chernus......... 10
Review: Schwartzbach Memoir..... 11
Fed & State Salary Hikes............... 12
Libel and Social Media.................. 13
New Members................................ 14
Calendar Details............................. 15
Marketplace.................................... 16
Calendar of Events
Second Annual MCBA & CalCPA Happy Hour
Thu, June 9: 12:00 – 1:30 PM
Real Property Section Meeting
Enjoy socializing with your colleagues over wine & appetizers.
Tue, June 14: 12:00-1:30 PM
Labor & Employment Section Meeting
999 Fifth Avenue, San Rafael on the patio
$25 MCBA& CalCPA members / $35 nonmembers
Details & Registration
MCBA MEMBERS LUNCHEON
WED, JULY 27, 2016 | 11:45 am – 1:30 PM
Overcoming Racial Bias:
A continuing challenge for the legal profession
Panel Discussion
Manny Fortes, Staff Attorney, San Francisco Office of Citizen Complaints
Speaker TBA
Moderated by Dorothy Chou Proudfoot
The Key Room Buffet Lunch
$45 MCBA members / $55 nonmembers
.5 CLE Bias & .5 CLE Ethics
Details & Registration
The Marin Lawyer editorial team thanks June Guest Editor Dorothy Chou Proudfoot.
Wed, June 15: 12:00 – 1:30 PM
Probate & Estate Planning Section Meeting
Tue, June 21: 12:00 – 1:30 PM
Probate & Estate Planning Mentor Meeting
Thu, June 23: 12:00-1:30 PM
Construction Law Section Meeting
June 29: 11:45 AM – 1:30 PM
MCBA Members Luncheon
2016 Update on U.S. Supreme Court Rulings
Wed, July 20: 6:00 – 8:00 PM
Second Annual MCBA & CalCPA
Midsummer Mixer
Wed, July 27: 11:45 AM – 1:30 PM
MCBA Members Luncheon
Racial Bias
See page 15 for details & more events.
1
The Marin Lawyer
PRESIDENT’S MESSAGE
Community:
Giving and Teaching
By Larry Strick
The job of a lawyer carries with
it a special role in our county’s administration of justice. While often
wrongfully maligned in many communities, attorneys take leadership
roles in numerous philanthropic
organizations. I know many of our MCBA members serve
throughout the county to help causes large and small.
Overwhelmingly, attorneys are generous with their time
and financial contributions. As a rule, our members do not
seek praise or recognition. As a group, they strive to do
the right thing.
The campaign for Food for the Bar ends June 10 and
MCF has provided a challenge grant. Thank you to our members for making a difference to alleviate hunger in Marin.
Let me also take this opportunity to publicly thank
those who volunteered with the recent Teens & the Law
event (chaired by Patricia Medina) and our members who
coach Mock Trial. Our volunteers have reached out to
Marin high school students providing guidance, information skills and opportunities. Today, I want to focus on the
MCBA Legal Education Scholarship program.
The MCBA Legal Education Scholarship program
provides funds to financially disadvantaged students pursuing a law school degree with scholarships up to $5,000.
Funded with contributions from the MCBA, it’s a collaboration with 10,000 Degrees and Marin Community
Foundation (MCF) which administers the fund. Established
in 2010, the MCBA Legal Education Scholarship program
was launched with a $50,000 contribution to provide financial assistance to deserving students.
The success of the scholarship program is unquestionable. To date, we have given away $33,000.00 in scholarship funds to nine local students, many who have served
legal nonprofits in Marin. On behalf of the MCBA Board, I
want to thank all of our donors. This year, we have received
$16,656 in new funds to expand our scholarship recipients.
Applications for the 2016 Scholarship are being solicited right now; the last day to apply is June 30. If you
are aware of an individual who may benefit from this great
program and meets the qualifications (see MCBA website)
please spread the word. It is the right thing to do.
2016 MCBA SPONSORS
SILVER SPONSORS
BRONZE SPONSORS
Bank of Marin
Foley & Lardner, LLP
Ayanna Jenkins Toney
Williams & Gumbiner, LLP
LEADERSHIP CIRCLE
Elizabeth Brekhus, Esq.
Susan Feder, Esq.
Peter Flaxman, Esq.
Freitas Law Firm LLP
Gertler & Chavez LLP
Nassiri & Jung, LLP
Steven Nielsen, Esq.
Gary Ragghianti, Esq.
James Sell, Esq.
Lawrence Strick, Esq.
Interested in joining the Leadership Circle? Contact Mee Mee Wong at 415-499-1314
2
The Marin Lawyer
NONPROFIT PROFILE
10,000 Degrees
By Kim Mazzuca, CEO
Now in our 35th year, 10,000 Degrees continues to
do what we do best: Help students from low-income,
first-generation backgrounds find a path to and through
college. The organization’s vision is that regardless of race,
ethnicity, or socioeconomic status, every student should
have the opportunity, support, and resources to achieve a
college degree and maximize their potential. 100% of the
students we serve come from low-income families, 90%
are first-generation students, and 84% are students of color.
Two hallmarks of the 10,000 Degrees Program are its
Institute, which supports students while they are in high
school, and its College Success program, which supports
students while they are in college. These programs help
10,000 Degrees achieve greater educational equity in the
North Bay, increase college enrollment, and most importantly, raise graduation rates among groups that have been
historically underrepresented in higher education. 84% of
the 10,000 Degrees students who enroll at four-year colleges or universities graduate within six years, versus 54%
of all students nationwide.
10,000 Degrees is also able to provide significant funding for its students, awarding $2.8 million in scholarships
while leveraging an additional $18 million in free financial
aid. On average, 10,000 Degrees students graduate with
1/6 the loan balance of students nationally. We are proud
to administer the annual MCBA Legal Scholarship, which
has supported ten law school students over the past five
years, several of whom are now practicing law in Marin.
10,000 Degrees is able
to support more than 4200
students and their families in Marin and Sonoma
counties with 35 full time
staff and more than 200
volunteers, many of whom
serve as mentors for students
in high school. To learn
more about how you can
become a mentor, please
contact Megan Topping at
[email protected].
MCBA Legal Scholarship
Applications
Due June 30, 2016
Each year 10,000 Degrees receives numerous
applications for our special legal scholarship.
These scholarships are funded by generous
donations by our many members and friends.
How can you help? Please let your alumni law
school know about this scholarship and encourage eligible students to apply.
More Info
Each year, 10,000 Degrees reaches more students and
families through their comprehensive program:
• College tours
• College and financial aid workshops
• Intensive college prep
• Scholarships and financial aid management
• Advising during college
To learn more about 10,000 Degrees and how you can
join the I AM ONE DEGREE movement, please visit our
website, www.10000degrees.org
3
The Marin Lawyer
MCBA MEMBERS LUNCHEON
WED, JUNE 29, 2016 | 11:45 AM – 1:30 PM
2016 Supreme Court Update
Facts and Politics: Filling the Supreme Court
Vacancy & Other Important Decisions
Speaker: Professor Rory Little
Constitutional Law Professor, UC Hastings
RESERVE TODAY! Event will sell out
The Club at McInnis Buffet Lunch
$45 MCBA members / $55 nonmembers /
$65 walk-ins
Details & Registration 1General CLE
In addition to his annual report on recent important cases in front of the U.S. Supreme Court, Professor Little will share
his insights about the open seat on the bench. What are the constitutional requirements for filling a vacancy on the U.S.
Supreme Court? What is the history of nominations to the court? How will politics affect the current situation? What
key issues before the court could change dramatically?
Rory Little is a constitutional law and U.S. Supreme Court scholar and teaches at UC Hastings College of the Law.
Professor Little is a Supreme Court scholar who is often asked for his expert opinion about legal cases and issues on
television and radio. He is also is also a friend of Judge Merrick Garland, President Obama’s Supreme Court nominee.
Scotus Blog
Summer Reading: Good Reads recommends books about Supreme Court
4
The Marin Lawyer
Scalia and Ginsburg
By Edmond McGill
You would have a hard time
finding two judges further apart in
their philosophies and beliefs about
how the United States Supreme
Court is to construe the Constitution
than Supreme Court Justices Antonin Scalia and Ruth Bader Ginsburg.
The two Justices were truly polar
opposites – and yet “best buddies”.
Their disagreements – rooted
in the most profound philosophical
differences about how government
should work, the meaning of the
guarantee of personal liberty and
how judges should construe the
Constitution – were not personal.
In disagreeing, they did not reduce themselves to the sort
of personal accusation and name calling that we, unfortunately, sometimes see in political contests. Mud slinging is
not new in American politics. Since the founding of the Republic, political adversaries have engaged in vile personal
attacks on their opponents directly and through proxies. Lawyers and judges are in the business of disagreement. We lawyers come to conclusions and to the resolution
of highly disputed issues by engaging in a combat of the
intellect. We test our ideas against each other and sometimes
we do this in front of juries who will decide and sometimes
before judges who will decide. In appellate courts, cases
are heard by groups of judges who decide by majorities
of the number of judges hearing the case. Argument is the
tool. Confrontation cannot be avoided. There are winners
and there are losers. Scalia and Ginsburg each consciously made the work
of the other better by thoughtful, intelligent, and respectful
disagreement. They deeply disagreed but they liked and
respected each other. They spared and exchanged contrary
Serving the legal community of Marin since 1965
MARIN PACIFIC COMPANY.INC.
General Insurance Brokers and Agents
PROBATE BONDING
453-1620
1430 Fourth Street
San Rafael, CA 94901
Daniel C. Dufficy
Gail Anne Geary
Representing major surety carriers • fast local service
www.marinpacific.com
ideas on the most divisive issues in our country and yet
they were close friends. Their families vacationed together.
They spent holidays together and Antonin and Ruth very
much enjoyed attending opera together. This is the very best
of what lawyers and judges do and, in the long history of
American jurisprudence, no others ever did it better than
Antonin Scalia and Ruth Bader Ginsburg. In remembering Justice Antonin Scalia, we need not
agree or disagree with his numerous written opinions or
his philosophy of government. Rather, let us remember the
example that he and his still-serving “best buddy” Ruth
Bader Ginsburg gave us about just how to disagree about
ideas. With the passage of time, the fire goes out of even the
ugliest of disputes. Forever lasting, however, as the very best
example for lawyers and judges and even for politicians and
citizens in general, is the real human warmth and sincere
respect and friendship that Justice Scalia and Justice Ginsburg shared as they disagreed so fundamentally about ideas.
Content from the March 11 article originally published
in The Legal Pulse, the monthly newsletter of the McGill Law
Office. To see other articles or to subscribe to The Legal Pulse
go to mcgill-lawoffice.com/blog/ , © Edmond McGill, 2016.
Ed McGill’s practice includes business law, plaintiffs’
personal injury, property and insurance claims. Ed has
been practicing for more than 40 years in Marin County. He
can be reached at [email protected].
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 nineattorney 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 Office
170 Sotoyome Street, Suite 3
Santa Rosa, CA 95405
San Rafael Office
1000 Fourth Street, Suite 425
San Rafael, CA 94901
Tel: 415.453.1010
[email protected]
www.montywhitelaw.com
5
The Marin Lawyer
MAY MEMBERSHIP MEETING
Helping Veterans in the Criminal Justice System: Criminal Statutes & Services
By Nicole Pantaleo
From left: Brian Dobbs (VA), Jenna Ferrara (VA), Josh Todt (Marin County Sherriff’s Office), Sean Stephens (VA), Rebekah Reali
(Marin HHS Jail Social Worker), David Joseph (VA Psychologist), Marcy Orosco (VA Jail & Homeless Outreach Coordinator).
At 48 years old, I was driving down the block from my
house after my morning workout. I was in a good mood. I
stopped at one stop sign. At the next block, I rolled through
a stop sign onto the main road. There he was waiting, a
police officer. The officer proceeded to pull ME over on my
road, near my house. Suddenly in a flash my good mood
was gone. I pulled over into the gas station. Did not wait
and immediately got out of the car. I was now defending
my area. I do not know why I did this. I was defensive. The
officer saw my 101st license plate and knew that I was
a veteran. He remained calm and dignified. The officer
walked me through this simple traffic stop, explained how
I rolled through the stop sign and offered to show me the
video. I did an after-action report in my head and calmed
down. This was merely a traffic stop violation.
Sean Stephens, Veterans’ Service Officer for the Division of Social Services at Marin Health & Human Services,
served four tours of Infantry duty in Afghanistan. What may
seem like a routine traffic stop to most of us was anything
but in that moment to Sean Stephens, as he explained at
the MCBA Veterans’ in Criminal Justice Luncheon on May
25, 2016. Understanding the perspective of veterans suffering from PTSD, sexual abuse trauma, substance abuse,
and other mental health issues resulting from their service
in the military is critical for law enforcement officers who
encounter them, and for attorneys and judges who handle
their criminal cases.
Marin County Sheriffs’ Office partners with Sean
Stephens and his staff in identifying and assisting veterans
in custody. Jail Deputy Josh Todt explained that his re-entry
team identifies veterans when they are booked and then
notifies the Veterans Services team of their arrest to get
6
them immediate assistance. This amazing team consists of
Sean Stephens; Marcy Orosco, MSW, Veterans’ Outreach
Coordinator in the Division of Social Services for Marin
Health & Human Services; and Jenna Ferrara, LCSW and
Brian Dobbs, LCSW, both of Veterans Justice Outreach.
They provide military paperwork for court, assist in application for VA benefits, obtain mental health treatment,
locate substance abuse treatment placement, and housing
for the veteran. Sean Stephens and this team also help
transport the veteran immediately from jail to the proper
treatment program.
Military Misdemeanor Diversion & Felony
Mitigating Factors:
Penal Code Section 1001.80 allows the Court to grant
Diversion to a veteran or current military service member
in a misdemeanor case if they “may be suffering from
sexual trauma, traumatic brain injury, post-traumatic stress
disorder, substance abuse, or mental health problems as a
result of his or her military service.” (Penal Code Section
1001.80)
Penal Code Section 1170.91 specifically states that a
judge may consider as a mitigating factor in sentencing for
a felony the trauma suffered by a veteran or current member
serving in the U.S. Military that relates to sexual trauma,
PTSD, traumatic brain injury, substance abuse, and mental
health problems resulting from military service.
Once a veteran or service member is placed on diversion, the terms are determined and ordered by the Court.
The veteran or service member is then usually ordered
back to court in six months for a status report. It is critical
(Continued on page 7)
The Marin Lawyer
(May Membership Meeting, continued from page 6)
to work with the above team members to ensure a proper
evaluation and placement of appropriate services is made
to really help the veteran or service member prior to the
diversion order being granted. The goal is to obtain a dismissal of a case, and to actually help the veteran or service
member not reoffend and get the appropriate treatment.
The presentation made clear that as lawyers we must
work collaboratively in the criminal justice system to provide assistance to veterans and current service members
suffering from PTSD, sexual abuse trauma, substance
abuse, and other mental health issues. This incredible network of agencies and resources helps serve our veterans
and current service members who have sacrificed to serve
get back on track and rejoin our community as healthy and
successful citizens.
Nicole Pantaleo is a Marin County Deputy District Attorney, specialized in sexual assault, domestic violence and
insurance fraud. Nicole formerly served as the M.C.D.A.’s
Coordinator for the Alternative Justice Courts, serving in
Drug Courts and Star Court for mentally ill probationers.
She is a Marin County Superior Court judicial candidate.
Drunk Driving
and
DMV Matters
Paul Burglin
BURGLIN LAW OFFICES, P.C
999 Fifth Avenue, Suite 350
San Rafael, CA 94901
(415) 729-7300
(415) 457-2539 (fax)
[email protected]
www.burglin.com
Author: Calif. Drunk Driving Law
A-V Rated - Martindale Hubbell TM
Board Certified in DUI Defense
MARIN MIDSUMMER MIXER
WED, JULY 20, 2016 | 6:00 – 8:00 PM
Second Annual
MCBA & CalCPA
Happy Hour
Enjoy summer socializing with your colleagues
over wine and appetizers
999 Fifth Avenue, San Rafael on the patio
$25 MCBA & CalCPA members
$35 nonmembers
Details & Registration
2015 Open Enrollment & Renewals:
Now through August 15
Become a Member of the
MCBA ADR Panel
Are you a Mediator, Neutral, or Arbitrator?
The MCBA ADR Panel opens once a year
to new applicants. ADR Panelists must be
current MCBA Members.
For community and colleagues, many find the
ADR Directory a rich resource. Applications are
now open for new and renewing applications.
Click here for more information
and application forms.
7
The Marin Lawyer
JUDGE PROFILE
Stephen P. Freccero
By Dorothy C. Proudfoot
MCBA President-Elect Dorothy
Chou Proudfoot recently intercepted
Judge Freccero in the Hall of Justice
in between ever-so-brief trial breaks
to gather a little more information
about this thoughtful jurist.
I know you’ve lived in this county for many years. What
brought you to Marin?
I first moved to Marin County in the early 1990’s
because I was drawn to its natural beauty. In those days, I
spent much of my free time mountain biking on the many
trails that cross the county. When my wife and I decided
to raise a family we looked for a home here because we
wanted our children to experience the beauty of Marin’s
hills and the coastline. In 1998, we moved to Larkspur
where we have lived ever since.
Tell us about your family.
I am protective of my immediate family’s privacy so
I tend to limit my remarks about them. I have been married for more than 20 years and have two daughters. My
children were raised in Marin and attended kindergarten
through high school here. They are now both young adults
pursuing their college education.
Briefly describe your previous employment.
My legal employment had two phases. The first was
government service. In 1987, after graduating from law
school, I clerked for Judge Conti on the US District Court
in San Francisco. After the clerkship I joined the U.S. Attorney’s Office in San Francisco where I served as a federal
prosecutor for nearly a decade. During my tenure with the
Department of Justice, I had the opportunity to pursue a
Fulbright scholarship in Italy. I studied at the European
University Institute and obtained an LLM in European and
International Law.
The second phase began in 1998 when I left government service and went into private practice at Morrison
& Foerster in San Francisco. My practice there focused
on civil litigation involving business disputes. In my 17
years at the firm, I handled a wide range of matters involving intellectual property, energy litigation, and antitrust. I
practiced law at Morrison & Foerster until I was appointed
to the bench in November of 2015.
8
When did you decide you wanted to be a judge and why?
I am not sure that I can pinpoint the moment I decided
I wanted to be a judge. I spent most my legal career in
courtrooms trying civil and criminal cases and had always
thought a great deal about the role of the judge. It was only
in the last few years, however, that I gave serious consideration to pursuing a position myself. I found that after
practicing law for more than 25 years, many of my friends
and former colleagues had become judges and they always
expressed enthusiasm for their new roles. Many of them
encouraged me to apply for the bench. In the end I think it
was a desire to return to public service and a deep affinity
for the courtroom that spurred me to seek an appointment.
I have an abiding respect for our court system and wanted
a chance to emulate the best of the judicial attributes I had
observed over the years litigating cases.
What do you do when you’re not at work?
When not at work, I spend as much time as I can with
my family. When we can all gather together we enjoy outings – either hikes or trips abroad. Now that my children
are grown, it is harder to do things together. Sometimes
the most pleasurable moments come from sharing a meal.
Otherwise, my own free time is spent trying to stay physically active. In the past I was an intercollegiate athlete and
a martial artist; these days I have to make do with light
running and yoga. I also never tire of exploring the trails
in the hills near my home.
How would you describe the ideal relationship between
the Marin County Bar Association and the Bench? (Do
you have ideas about how to get there?)
The relationship between the bench and bar can be
critical to the overall success of the courts. Both institutions
have an interest in seeing the other succeed: attorneys have
an interest in securing access to fair and efficient dispute
resolution and judges have an interest in seeing that litigants
are well-served. As with any institutional relationship, the
key is to foster communication. The bench and bar must
continually search out opportunities where they can work
together without sacrificing their identity or independence.
Regular gatherings at bar functions are always important because frequent interaction promotes problemsolving. I recognize that in light of professional demands
it can be difficult for judges and attorneys to find the time
to work on bar association projects. Nonetheless there
have been a number of initiatives in Marin that have been
successful and I look forward to participating in similar
efforts in the future.
(Continued on page 8)
The Marin Lawyer
(Judge Profile, continued from page 7)
What are the top three tips you would give attorneys
about appearing before you?
I think the most basic advice is always the best:
Be punctual.
Be prepared.
Be courteous.
What was the best/worst/strangest experience in your
career?
My most rewarding experience as a lawyer was working on the UNABOM investigation and prosecution. I spent
many years on the case (1993-1998) in both its investigation
and prosecution phases. During this time, I worked with
countless dedicated women and men in law enforcement
and also came to personally know many of the victims and
their families. The dedication of the agents and the grace
and courage of the victims made a lasting impression on
me. Much has been written about the case, but from my
perspective our greatest achievement was demonstrating
that the criminal justice system can work in the most difficult circumstances. The lesson I draw from the experience
is that we can combat terrorism without sacrificing our
legal principles.
So far, what have you enjoyed the most about serving
as a judge here in Marin?
Without a doubt, the most enjoyable aspect of the job
so far has been being a part of such a collegial court. Judges
and courtroom staff have been welcoming and helpful. It
is heartening to know that there are so many capable and
experienced people ready to assist me and help in my transition. It is inspiring to learn that there is a diverse community
of public servants within the courthouse and that they all
share a goal of making our court successful.
Judge Stephen Freccero was appointed by Governor
Brown in November 2015 to fill the vacancy created by
the retirement of Judge Lynn Duryee. He earned a Master
of Laws degree from the European University Institute, a
Juris Doctor degree from UC Berkeley School of Law and
a Bachelor of Arts degree from Wesleyan University.
To view photos of the Induction Ceremony
for Judge Freccero:
Link |
Photos courtesy of John Ling Photography
RECAP
May 19 Induction Ceremony for
Judge Stephen Freccero
By Mee Mee Wong
Among a crowd of MCBA members, colleagues, family,
and friends, Judge Stephen P. Freccero took the oath of office to
serve as the twelfth Judge on the Marin County Superior Court.
He was appointed by Governor Jerry Brown in November,
2015. A Democrat, he is Governor Brown’s fourth appointment
to the Marin bench. Geoffrey Howard was appointed in 2014,
Beverly Wood in 2013, and Mark Talamantes in 2012. Judge
Freccero fills the position on the bench vacated when Lynn
Duryee retired.
A former federal prosecutor, Judge Freccero is wellknown for his work on the Unabomber case. He was a partner at
the San Francisco office of Morrison and Foerster, LLP. Before
becoming a federal prosecutor, Freccero was a law clerk to U.S.
District Judge Samuel Conti in San Francisco. He has lived
in Marin for more than 20 years and raised his family here.
Judge Freccero has a bachelor’s degree in religion
from Wesleyan University in Connecticut, a law degree
from the European University Institute in Italy, a law degree
from the University of California at Berkeley, and was a
Fulbright scholar in Italy.
Eugene Illovsky, a long time colleague and friend
of Judge Freccero from his days at Morrison & Foerster,
served as Master of Ceremony, and MCBA President Larry
Strick made introductions. Speakers the Hon. Marla Miller
(California Court of Appeal, First District) and Melvin Goldman (Morrison & Foerster LLP) praised Judge Freccero’s
accomplishments. The oath was administered by the Hon.
Robert Dondero (California Court of Appeal, First District).
Judge Freccero concluded the program with powerful,
humorous, and moving remarks providing a synopsis of his
personal history, philosophy, and devotion and commitment
in serving justice to the Marin community. The current
judicial bench and retired Judges and Commissioners were
on stage to celebrate this special occasion.
Morrison & Foerster LLP generously sponsored the
reception, thoroughly enjoyed by the guests.
9
The Marin Lawyer
JUDGES CORNER
Update from the
Bench: Bringing Back
the “Good Old Days”
By The Honorable Roy Chernus
For those of us who were
sworn in as attorneys before May
27, 2014, it may be a surprise to
learn that the attorney oath for new
lawyers has been changed. On that date Rule 9.4 of the
California Rules of Court became effective to supplement
the attorney oath for new lawyers.
Rule 9.4 states: “In addition to the language required
by Business and Professions Code section 6067, the oath
to be taken by every person on admission to practice law is
to conclude with the following: ‘As an officer of the court,
I will strive to conduct myself at all times with dignity,
courtesy, and integrity’” (emphasis added).
I think it is obvious why the oath was changed – at
times dignity, courtesy and integrity appear to be missing
in action in our profession. This essay is my attempt to try
to bring them back.
Attorneys surely strive to zealously represent their
clients. But that doesn’t have to mean that attorneys should
always reflect the attitudes of their clients. Let’s face it;
many clients are not happy about their civil, criminal,
family law, or other matter for which they are being represented. And they may want their unhappiness or anger to
be expressed clearly by their attorney. After all, they may
think, who’s paying the bill?
Yet rarely does a client’s even justifiable anger do anything good for her or his case. So attorneys should model
good behavior for everyone in our system. Acting “at all
times with dignity, courtesy and integrity” and using your
best professional abilities to help your clients is the way
in which all of us can bring the practice of law back into a
more polite and civilized era.
Attorneys can and should teach their clients that one
can respectfully disagree without becoming disagreeable.
In fact, attorneys can actually help clients resolve their
disputes better, faster, and cheaper if they consciously
try to lower the volume and edit out any unnecessary ad
hominem attacks directed at the other side.
From my seat in the courtroom, I have observed that
the “old school” attorneys, who are more restrained, and
seem to make theirs cases more dignified than those who
are fighting virtually every issue. And I believe that they
get equivalent, if not better, outcomes.
10
If every attorney were to strive at all times to be more
professional, all sides of every case would benefit. And
the clients looking for a pit bull to represent them would
come up empty.
I know what some of you are thinking: why should I
do this unilaterally? The other attorneys won’t do this and
my clients will be at a disadvantage.
Well, you should do it anyway because it is the right
thing to do! And I honestly believe that your professional
results, and career and life satisfaction will skyrocket. You
will have better professional and personal relationships
with other attorneys which will enhance your ability to
succeed. And there is a very good chance that the judges
will notice and silently approve of your new, improved
professionalism.
I recall a reading about a survey a few years ago that
said that most people didn’t believe that attorneys contributed to our society’s well-being. I would really like all of
us to be part of a movement to change that. While parts
of our profession will always need to focus on resolving
disputes, all of our profession should be dedicated to doing
our jobs in a dignified manner. After all, we all are officers
of the court and should act that way.
Court Reporting Services in the Bay Area & Beyond
Cal-Pacific
Reporting, Inc.
18 Professional Center Pkwy, 3rd Floor
San Rafael, CA 94903
Expedited Transcripts / Exhibit Scanned & Tabbed
Rough Drafts / LiveNote / RealTime
Valuable Cost and Time Savings
In Searchable PDF
E-Transcripts
Certified Shorthand Reporters/Videography
Suites Complimentary / Free Parking / Free Snacks
Efficient
Dependable
Timely Transcripts
Schedule today by calling 415.578.2480
Toll Free 855.701.9574
[email protected]
www.calpacificreporting.com
Discounts to Marin County Bar Members
The Marin Lawyer
REVIEW
his decades of trial practice. His reply echoes the books
theme, “There is no shortcut to thorough preparation. You
M. Gerald Schwartzbach’s Memoir
don’t know what is possible unless you explore everything.
Leaning On the Arc, A Personal
Also, if you have to choose between being liked and being
respected, both you and your clients are best served by you
History of Criminal Defense
being respected.”
By Charles D. Dresow
In describing his various trials, Mr. Schwartzbach
M. Gerald Schwartzbach, criminal reveals his preparation, planning, investigation, and trial
defense attorney and longtime MCBA strategy of these cases. His case history descriptions are
member, has gone to trial for those ac- both fascinating and educational. A lawyer can take away
cused of crimes for over 40 years. His a significant amount of practical knowledge from the book.
book, Leaning on the Arc, A Personal
When asked what advice he would give a young lawHistory of Criminal Defense, is the yer Mr. Schwartzbach advised, “Confer with one or more
story of his life, his trials, and the law. experienced lawyers with a good reputation. Investigate all
It can be read as a personal memoir, a facts and witnesses and conduct legal research on all issues
legal primer, or a fascinating history of you anticipate arising before or during trial; in other words,
the success and failures of our criminal prepare thoroughly. Do not try to mimic other lawyers.
justice system. The book is so much There is no one personality that is better than another. Just
more than the personal history of one lawyer.
be yourself and believe in yourself.”
My favorite line of Mr. Schwartzbach’s book eloI found the detailed case histories contained in the
quently describes the duty of a criminal defense attorney book fascinating. The book covers some of Mr. Schwartzwhen called to represent an unpopular client charged with bach’s better known cases, such as the Stephen Bingham,
a brutal crime. In explaining why he accepted a death Robert Blake, and Hootan Roozrokh matters. It also conpenalty case in 1979 he states, “But of course, I took the tains wonderful chapters regarding some of Mr. Schwartzcase. Maybe I did so because that is what lawyers do; it is bach’s lesser known cases and clients. The book reveals an
the lawyer’s job. Somebody had to defend Maurice. Like inspiring reality – that Mr. Schwartzbach dedicated himself
you and me and everyone else, he had a right to his day in to all of his clients, rich or poor, famous or forgotten, with
court and to the best representation possible.”
equal vigor and effectiveness.
The book covers Mr. Schwartzbach’s legal career
Leaning on the Arc is not only just a valuable resource
from when he first began practice in Detroit in 1969 until for trial tactics and legal strategy. The cases that are featured
the present. He was sworn into the California Bar in 1974 in the book are of both local, national interest and historiand has earned a stellar reputation by effectively handling cal interest. The four decades of jury trials described are a
numerous high profile, high stakes cases. Gary Ragghianti, commentary of where society was at the time of the trial.
who has practiced law in Marin as both a Deputy District Few lawyers have tried has many high stakes, high presAttorney, criminal defense attorney, elected official, and sure, high profile cases for as long as Mr. Schwartzbach
mediator says, “Gerry Schwartzbach is the lawyer one as- has. After four decades of jury trial, he still feels that the
pires to be. Brilliant, unflinching in the face of seemingly jury is critical to our system of justice, “Judges are no less
impossible odds and obstacles, devoted to his clients and vulnerable to human frailties than lay people. The best
always exquisitely well-prepared. He is a jealous guardian chance to achieve a fair and impartial verdict is to have a
of not only his client’s constitutional rights but of all of ours fair and impartial jury, which jury represents a cross secas well. This is the type of lawyer and person we see and tion of the community.” His book is a fascinating look at
experience only rarely. He makes us all proud.”
the history of his legal life and his jury trials.
Mr. Schwartzbach’s book is a valuable resource for a
I highly recommend the book. I certainly enjoyed
young or experienced trial lawyer, prosecutor or criminal reading and learning from it.
defense attorney, who wants to read how to prepare for
and try cases to a jury. Within the various trials and cases
Charlie Dresow is somewhat of living legend. He has
featured one learns that a key to trial success is investigating
conquered various mythical challenges. He used to be an
every facet of your case, preparing for every eventuality,
athlete. He was once referred to as Captain America by
knowing the case better than anyone else in the courtroom
clients who resided in the Sacramento County jail. He
and representing your client to the best of your abilities.
practices criminal law with Ragghianti Freitas and can
In preparing this article, I asked Mr. Schwartzbach be reached at [email protected].
what was the most important lesson he had learned over
11
The Marin Lawyer
Salary Hikes for
Federal & California
Overtime Exemptions
By Lisa Maslow
The U.S. Department of Labor
recently announced a substantial
pay raise for employees in the
“white collar” exemption categories. Starting December 1, 2016, exempt managers, administrators and professionals must be paid a minimum weekly
salary of $913 ($47,476 annually). Failure to satisfy the
new pay level will cause the employee to be considered
“nonexempt” under the Fair Labor Standards Act (FLSA)
— meaning that the employee must be paid overtime, keep
timesheets, etc. — regardless of the importance of the
employee’s job duties. The FLSA minimum salary will be
automatically updated every three years starting January 1,
2020 based on data from the lowest wage Census region.
The new FLSA regulations will allow employers to
count nondiscretionary bonuses, commissions and incentive payments to satisfy up to 10% of the required salary
level. However, such payments must be made on a quarterly or more frequent basis. Nondiscretionary bonuses
and incentive pay are forms of compensation promised as
a reward for certain behavior, e.g., achieving productivity
or sales goals, good attendance, or length of employment.
By contrast, a discretionary bonus is an unannounced bonus
or spontaneous reward for a specific act.
California pay requirements are also going up due to
the minimum wage increase signed by Governor Brown in
April. Currently, California requires a minimum monthly
salary for exempt managers, administrators and professionals of $3,466.67 ($41,600 annually). Because exempt
compensation is tied to California’s minimum wage, the
exempt salary requirement for California businesses with
26 or more employees will increase approximately $2,000
a year in January of both 2017 and 2018. By January 2019,
the minimum salary for California white collar exemptions
will exceed the FLSA’s level, annualized at $49,920. (California employees working for businesses with less than 26
employees will be a year behind in their pay increases, which
will start in January 2018.) When California’s minimum
wage reaches $15 an hour (in 2022 or 2023, depending on
the size of the business), exempt managers, administrators
and professionals must be paid at least $62,400.
The boost in exempt salary requirements will likely
have a ripple effect on other employees’ paychecks. Employers may choose to adjust the compensation of other employees earning near the new pay levels to maintain relative pay
equity. Other employers may decide to reclassify lower-paid
exempt employees to nonexempt status — especially if the
employees work little to no overtime hours. The Department
of Labor estimates that the FLSA regulations will extend
overtime protections to 4.2 million Americans who are not
currently eligible under federal law, and will boost wages
for workers by $12 billion over the next 10 years.
California employers are required to comply with
the most (employee) protective aspects of both FLSA and
state labor law. This means that most exempt employees’
minimum salary must meet or exceed the new FLSA levels
starting December 1, 2016. Unlike federal law, California
does not exempt licensed lawyers from the fixed monthly
salary requirement. Nor does California recognize the
FLSA exemption for Highly Compensated Employees
(HCE), who must be paid at least $134,004 annually starting December 1, 2016. Employers are advised to consult with labor counsel
for more detailed information about the impact of the new
FLSA regulations. Lisa Spann Maslow advises employers on labor and
employment law matters and conducts independent workplace investigations. Please feel free to contact the Law
Offices of Lisa Spann Maslow, PC, at 415/380-9470 or
[email protected].
The Bay Area’s Premier Reporting Service
♦ Complimentary
Conference Rooms
♦ Document Depository
♦ Livenote/E-Transcript
♦ Videoconferencing
Capturing your words
with caring hands.
800-979-2361
12
117 Paul Drive, Suite A
San Rafael, CA 94903
415-472-2361 · Fax 415-472-2371
[email protected]
LLC
1831 Tiburon Boulevard, Tiburon, CA 94920
415-435-8330
www.fundmastery.com
We are a fee-only investment advisor helping lawyers
analyze their financial and retirement options since 1987
The Marin Lawyer
Libel and Social Media:
The Next Frontier
By Jason Feder
According to Twitter, Stephan
Curry has a “girly name,” Bob Costas
“is a vampire,” and Kurt Russell’s
“face is made of aged denim.”
While these tweets may not have
crossed the line from light-hearted
entertainment to libel, exactly where that line is drawn in
the context of social media has recently become a brewing
issue for the judiciary.
Traditionally, libel claims arose in the wake of
statements made through the media, whether in print or
broadcast on TV or the radio. To win a libel claim, you
would need to show that the defendant made a factually
false statement about the plaintiff in a written communication to a third party that was naturally injurious to the
plaintiff’s reputation. Now, with the rise of social media,
courts are grappling with how to apply this decades-old
framework to statements made on platforms like Twitter
where exaggeration and hyperbole are commonplace. The
debate over what constitutes Twitter libel – or “Twibel” as
it has become known – has been percolating through the
courts, with several high-profile cases popping up in the
last couple of years.
Recent Cases
In 2011, a tweet by rock star Courtney Love put her at
the heart of the Twibel storm and led to the first American
Twitter libel case tried to a jury. After Love tweeted that her
former attorney, Rhonda Holmes, had been “bought off,”
Holmes sued for libel, claiming damages of $8 million. In
pre-trial motions, Love’s legal team argued that the traditional libel framework should not apply to such statements
made on Twitter because tweets are not read as fact by the
Twitter universe. The court rejected this position, holding
Love’s tweet to the same legal requirements imposed in
more traditional libel cases.
After three years of litigating, the Los Angeles County
jury found that – although Love’s tweet constituted a “false
statement” and had a tendency to injure Holmes’ profession – Holmes had failed to prove that Love knew it to be
false or had serious doubts about the truth of the statement.
Holmes was awarded no damages and the Court of Appeals
affirmed the jury verdict in February 2016.
Another recent Twibel case, brought by actor James
Woods, implicates the legal issues surrounding the anonymity of Twitter’s users. In July 2015, a Twitter user known
only by the pseudonym “Abe List” tweeted at Woods and
called him a “cocaine addict.” Woods responded by suing Abe List for $10 million. In denying the defendant’s
anti-SLAPP motion, the court found that “many if not
all readers” of the tweet would understand and interpret
the statement as a factual claim. The court’s ruling relied
on analysis conducted by a linguistic professor hired by
Woods, which found that the syntax and structure of the
tweet would likely be interpreted as conveying factual
information.
Barring a successful appeal, discovery in the case
will proceed with an eye toward unmasking Abe List’s
identity and whether he had knowledge of falsity or a
reckless disregard for the truth when crafting the tweet. If
the defendant’s identity does become public, this case will
likely further blur the line that separates constitutionally
protected opinions from libelous assertions of fact in the
context of social media.
Another recent high-profile suit has the potential to
shape the Twibel landscape. In April 2016, a political
strategist and public relations consultant Cheryl Jacobus
sued Donald Trump based in part on comments made on
Twitter, in which Trump called her “a real dummy” and
“a major loser” with “zero credibility.” Jacobus filed suit,
alleging $2 million in damages. While New York’s antiSLAPP statute is much more limited than California’s and
likely won’t apply to Jacobus’ claims, whether or not the
court finds Trump’s tweets to be statements of fact could
be indicative of which direction libel law is heading in the
social media arena.
Going Forward
If the recent flurry of Twibel lawsuits is any indication, there is little reason to think that courts will stray far
from applying the traditional libel framework to platforms
such as Twitter. This is good news for potential plaintiffs
whose claims won’t be dismissed on the basis that it’s just
“Twitter being Twitter.” In other words, defamation claims
based on tweets won’t be tossed out merely because of the
informality of the platform on which they were made. In
turn, those who think they’ve been defamed on the internet
may be more aggressive in taking their claims to court. The
question will then become to what extent courts will discount the legitimacy of statements made on Twitter – where
over 500 million tweets are sent every day – and choose to
interpret tweets as opinion, rather than factual assertions.
On one hand, this analysis will be heavily fact-intensive. Plaintiffs, like in Woods’ case, will likely try to narrow scope of the circumstances considered in making this
determination, arguing that a tweet should be interpreted as
much in a vacuum as can be, without taking into account
(Continued on page 14)
13
The Marin Lawyer
(Libel, continued from page 13)
the wild west nature of Twitter. Plaintiffs, at least the ones
who can afford it, may increasingly turn to linguistic experts
to keep tweets in the courtroom and over the “statement of
fact” legal threshold.
On the other hand, it is hard to imagine courts opening
the door wide enough where run-of-the-mill insults would
get Twitter users in hot water. The courts will need to find
some way to balance the reality of social media against
individuals’ ability to recover damages when truly defamatory statements are made. One way that this balance might
be struck would be for courts to take a narrow view of the
damages prong. To use Woods’ case as an example, without
a showing of exactly how the “cocaine addict” statement
hurt his reputation – which would necessarily entail showing that the tweet was taken seriously – the court may be
hesitant to award any damages at all.
As is clear from the Twibel cases making their way
through the courts, the legal landscape is still playing
catch-up with technology. Only time will tell where the
judiciary will fit such social media platforms as Twitter
into the traditional libel framework. Until we know more,
a word to the wise – keep those tweets about James Woods
to yourself.
Jason Feder is an associate and litigation lawyer with
Foley & Lardner LLP. He is a member of the firm’s Business Litigation & Dispute Resolution Practice. He can be
reached at [email protected].
Lifting business
voice service
out of the fog
and into the cloud.
2809 Telegraph Avenue, Suite 202 | Berkeley, CA 94705
1 (510) 859 7000 | www.telnexus.com
NEW MEMBERS
Philip Downs
Allen Glaessener Hazelwoodwerth
180 Montgomery St., Suite 1200
San FranciscoCA 94104
415-697-2000
[email protected]
Ellie Ehlert
2422 Zurlo Way
Santa RosaCA 95403
[email protected]
Student Member
Amy Frenzen
Drinker Biddle & Reath
50 Fremont Street, 20th Floor
San Francisco CA 94105
415-591-7535
[email protected]
Robin Glazer
Robin Kohn Glazer, JD Broker
1001 BridgeWay #107
Sausalito CA 94965
415-328-5564
[email protected]
Jessica Gorton
248 City Center Drive
Rohnert Park CA 94928
[email protected]
Student Member
James O’Brien
1700 Montgomery St. Suite 101
San Francisco CA 94911
415-513-7942
[email protected]
Eric Reading
3450 Sacramento St.
San Francisco CA 94118
[email protected]
Student Member
NicoleTaubman
26322 Towne Centre Drive #538
Foothill Ranch, CA 92610
626-808-1391
[email protected]
Student Member
14
The Marin Lawyer
CALENDAR DETAILS
Thu, June 9: 12:00 – 1:30 PM
Real Property Section Meeting
Drafting Easement Agreements
Speaker: Paul Carey, Esq., Dickensen, Peatman & Fogarty
1 hour CLE, general
Resolution Remedies, 1000 4th St., San Rafael
Cost (includes lunch): $30 Section Members / $20 Members 5 years or less in practice / $40 Non-Section Members
Registration & Info
Contact: Tracy Wilson [email protected]
Tue, June 14: 12:00-1:30 PM
Labor & Employment Section Meeting
Ethics and Professional Responsibility
Speaker: Samuel Bellicini
Ragghianti Freitas, 1101 Fifth Avenue, Suite 100
Cost: $10 Section Members / $20 Non-Members
Brown Bag Lunch, 1 CLE Credit, Ethics
Registration & Info
Contact: Sarah Wright, [email protected]
Wed, June 15: 12:00 – 1:30 PM
Probate & Estate Planning Section Meeting
Several New Uses for Reverse Mortgages in Retirement
Income Planning and Estate Planning
Speakers: Mary Jo Lafaye & Barry H. Sacks, J.D., Ph.D.
Location: Town Center Community Room,
770 Tamalpais Dr, Suite 201
Brown Bag Lunch, 1 hr. CLE, general
Registration & Info
Contact: Anne Reilly [email protected] or
Dan Furhman [email protected]
Tue, June 21: 12:00 – 1:30 PM
Probate & Estate Planning Mentor Meeting
Lerman Law Building, 802 B Street, San Rafael
RSVP to Michelle Lerman [email protected]
or Debra Whitehouse, [email protected]
Thu, June 23: 12:00-1:30 PM
Construction Law Section Meeting
Employee Relations for Contractors: What to Look Out
for and How to Avoid it
Speaker: Larry Levy
Ragghianti Freitas, 1101 Fifth Avenue, Suite 100
Brown Bag Lunch, 1 CLE Credit
Registration & Info
June 29: 11:45 AM – 1:30 PM
MCBA Members Luncheon
2016 Update on U.S. Supreme Court Rulings
Speaker: Professor Rory Little
Cost: $45 members / $55 nonmembers
Location: Club at McInnis, 250 Smith Ranch Rd.
San Rafael
Registration & Info
Contact: [email protected]
Wed, July 13: 12:00-1:30 PM
Business Law Section Meeting
Litigating Over Trade Secrets
Speaker: Ben Berkowitz, Keker & Van Nest, LLP
Location: Town Center Community Room,
770 Tamalpais Dr, Suite 201
Brown Bag Lunch
1 hr. CLE, general
Registration & Info
Contact: Kassra Nassiri [email protected]
Wed, July 20: 12:00 – 1:30 PM
Probate & Estate Planning Section Meeting
Change in Ownership: An Introduction & Update for Estate
Planners
Speaker Leslie Ang, Tax Counsel, Board of Equalization
Location: Town Center Community Room,
770 Tamalpais Dr, Suite 201
Brown Bag Lunch
1 hr. CLE, general
Registration & Info
Contact: Anne Reilly [email protected] or Dan
Furhman [email protected],
Wed, July 20: 6:00 – 8:00 PM
Second Annual MCBA & CalCPA Midsummer Mixer
Cost: $25 members / $35 nonmembers
999 Fifth Avenue, San Rafael
Must be over 21 with proper ID to attend
Registration & Info
Contact: [email protected]
Tue, July 26: 12:00 – 1:30 PM
Probate & Estate Planning Mentor Meeting
Lerman Law Building, 802 B Street, San Rafael
RSVP to Michelle Lerman [email protected]
or Debra Whitehouse, [email protected]
(Continued on page 16)
15
The Marin Lawyer
THE MARKETPLACE
David Hellman Marin Bar ad 2008
Use the 1031 Exchange
Intermediary Other Intermediaries
Call for Advice!
David Hellman, 1031 Exchange Expert at
Fee to advertise in Marketplace: $40/month for up to 25
words, each additional word at $1/word. Please email
your text ad to [email protected]. Make payment
to MCBA, 101 Lucas Valley Rd., San Rafael CA 94903.
Deadline: 15th of each month.
MARIN COUNTY EXCHANGE COR PORATION
A Qualified Intermediary Providing
Real Estate Exchange Services and Expertise
with over 3,000 Exchanges facilitated since 1984
www.marin1031exchange.com
David M. Hellman, President
Attorney & CPA
TEL: (415) 457-4411
FAX: (415) 457-0356
(Details, continued from page 15)
Wed, July 27: 11:45 AM – 1:30 PM
MCBA Members Luncheon
Racial Bias: how does it affect our practice as lawyers?
Speakers: Manny Fortes, San Francisco Office of Citizen
Complaints & Speaker TBA
Moderator: Dorothy Chou Proudfoot
Cost: $45 members / $55 nonmembers
Location: Key Room, 1385 Hamilton Pkwy, Novato
Registration & Info
Contact: [email protected]
Thu, July 28: 12:00-1:30 PM
Construction Law Section Meeting
Accounting & Commercial Damages: Tips &Tricks for
Working with the Experts
Speaker: Jeff Redman
Ragghianti Freitas, 1101 Fifth Avenue, Suite 100
Brown Bag Lunch, 1 CLE Credit
Registration & Info
The Marin County Bar
A s s o c i a t i o n
Mission Statement of the
Marin County Bar Association
To involve, encourage, and support
bar association members,
to serve as a liaison to the Marin County courts,
and to educate the community and
enhance access to legal services.
Marin County Bar Association
101 Lucas Valley Road, Suite 326, San Rafael, CA 94903
415-499-1314 | www.marinbar.org
Published by The Marin County Bar Association
2016 MCBA Officers
Lawrence A. Strick
President
Dorothy Chou Proudfoot President Elect
Thomas Brown
Secretary
Jessica Stuart Pliner
Treasurer
Randy Wallace
Past President
Lawrence Baskin
5 Year Past President
Deadline for submission of articles, ads, inserts, and
announcements is the 15th of each month.
16
2016 Directors
The Hon. Michael
Dufficy Ret.
Caroline Joachim
Shelley A. Kramer
Patricia Medina
Board of Directors
2017 Directors
Patricia Conway
Rodrigo Dias
Dotty LeMieux
James Sell
Romy Taubman
2018 Directors
Alan Brayton
Nicole Cabalette
Damon Connolly
Charles Dresow
Susan Feder
Christian Martinez
Executive Director: Mee Mee Wong
Communications Manager: Kathleen Gaines
Marin Lawyer Editor: Caroline Joachim
Production & Advertising: Pat Stone, Express Printing
MCBA encourages submission of articles that may interest the legal community. Letters to the Editor are
also welcome and may be published if space permits. Submissions will not be returned. The Editor reserves
the right to publish, decline to publish, edit or otherwise modify any submission. Editorial material should
be sent to the Marin County Bar Association at the above address.