The Maverick
The SOLO & SMALL FIRM SECTION Newsletter
Contra Costa County Bar Association, California
October 2016
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For future issues, send any contributions to Patricia Kelly at [email protected]
O
ctober
October Solo & Small Firm Practitioner’s
Breakfast Meeting:
Date:
Time:
Location:
Wednesday, October 19, 2016
7:30 a.m. – 9:00 a.m.
Sunrise Bistro Café
1559 Botelho Drive
Walnut Creek, CA 94596
Free breakfast for Solo & Small Firm Section members. $20 charge for others. Please email Bill
Hickey at [email protected] to RSVP.
Guests and non-section members welcome
N
ovember
November Solo & Small Firm Practitioner’s
After Work Meeting:
Date:
Thursday November 17, 2016
Time:
5:00 p.m. – 7:00 p.m.
Location: Maria Maria
1470 North Broadway
Walnut Creek, CA 94596
Free appetizers; attendees to pay for their own beverages. Please email Anina Dalsin at
[email protected] to RSVP.
Guests and non-section members welcome
Interview with a Member: Matthew B. Talbot, page 2
Interview with a Member: Luis M. Montes, page 4
Congratulations: J. Scott Isherwood, page 6
MCLE Spectacular: page 7
Classifieds: page 8
I
nterview with a Member:
Matthew Talbot, Esq.
Law Offices Of Matthew B. Talbot
2033 N Main St Ste 750
Walnut Creek, CA 94596
Phone Number: (925) 322-1763
Fax Number: (925) 407-8227
e-mail: [email protected]
Website: www.matthewbtalbot.com
Solo & Small Firm Section member Matthew Talbot is a top rated Elder Law attorney with a specialized
practice in Trust and Estate litigation, Conservatorships, Elder Abuse, and Complex Estate Planning.
After nearly a decade of experience in Probate and Elder Law, Matthew opened The Law Offices
of Matthew B. Talbot in February of 2015. His dedication to his practice has earned him several honors, including "Super Lawyers Rising Star" and Avvo's top rating of "Superb" in Elder Law.
Matthew is also committed to serving the legal community, and participates as a member of several organizations including being an Executive Committee Member for the Robert G. McGrath American Inn of
Court, on the Executive Board for Contra Costa County Senior Legal Services, and a member of the Board of
Directors for the Barristers Section of the CCCBA. Matthew is also a columnist and guest editor for Contra
Costa Lawyer Magazine and Lamorinda Weekly, and a member of the National Academy of Elder Law Attorneys.
Matthew is particularly passionate about assisting and mentoring attorneys who are new to the field, and
welcomes questions and requests to shadow him in court. In keeping with his desire to help others, he offers his
insight into practice in Contra Costa County.
What is your area of practice?
My practice consists largely of litigation. We do handle our fair share of non contested Conservatorships, probates, and Estate Plans, but the really interesting cases are the complex litigations. My largest cases
tend to be ones where there are multiple layers - a trust, a conservatorship, and often allegations of elder abuse.
Most of my larger cases that involve a number of other CCC attorneys are still ongoing, so they'll probably have
to remain between us for a few more years.
You have built a very successful practice. What advice can you give as to how one can do this?
First, hire people who are dedicated to you to help! Having my wife to do all of the non-lawyer tasks has
been invaluable. For other people, their spouse or a family member may not be a good option, so I'd suggest hiring someone, even just part time, who has experience with business to get everything off the ground. It's always
The SOLO AND SMALL FIRM SECTION Newsletter
October 2016
Page 3
helpful to have someone to lighten the burden of running your own practice, and offer moral support when you
need it too.
Also, being involved in the local legal community is invaluable. In starting my own practice, I had several trusted attorneys I could ask for practical information like which credit card machine to use. Another attorney even found my office space for me, while others offered advice on what legal services to use and why.
And when it comes to getting cases, knowing attorneys in your field, and the county at large, is invaluable.
The internet has also been a great resource for us - though you have to be prepared to field a lot of questions and weed out the bad cases (or non-cases as it may be). To be searchable on the internet also takes quite a
bit of work. This is where your knowledgeable assistant can come in to play. Hire someone who has experience
with internet marketing, or who's quick enough to learn. That same person can also help weed out those bad
cases, ensuring you don't spend hours wasting time on consultations that won't turn in to cases.
You have volunteered substantial amounts of time helping other attorneys. What leadership roles have
you held? Other volunteer activities?
I would say that the majority of my time "volunteering" has been through helping other attorneys. I really never thought of it as volunteering - I love people, I love talking to people, I love helping people when I can.
I also probably love to talk - so what better way than offering my legal knowledge to other lawyers? As far as
specific volunteer positions, I have been on the Executive Board for the Inn of Court, primarily helping them to
recruit new members. This has been a great way to meet more attorneys, and get to know the Contra Costa legal
community in general. In plain language, it's fun. And anything you're going to do in your community has got to
be fun and/or interesting. The other organizations I've been a part of are the Barristers Association, which again
was another great way to meet new attorneys within the community. The group also hosts several fun events per
year, which are always great to be a part of. I'm also on the Executive Board for Contra Costa Senior Legal Services. This I joined mainly because an attorney friend asked me too, and it's a great way to contribute to an organization that provides significant benefit at no cost to seniors in our community. Bottom line when it comes
to volunteering - don't think of it as volunteering, think of it as having fun and hanging out with friends.
Your father also was an attorney practicing in Contra Costa County. Did this influence you in your decision to become a Contra Costa lawyer?
I can't say my father gave me significant legal advice. He did say one thing in the beginning of my career - don't become a Personal Injury attorney. Aside from that he generally prefers not to talk business when
it's family time. I never got the sense he loved his job, but I did look up to him as a good provider for our family. Maybe this fact influenced my choice to be an attorney subconsciously. Truthfully I decided to become a
lawyer when I was in high school for the simple reason that I wanted to be the President. Going to law school
seemed like the way to get there. Right before taking the LSATs I met my wife and decided politics might not
be the best choice for my future family. But I still went to law school.
Many attorneys draw a blank when it comes to blogging. You have been successful with this. How do
you continually come up with subjects to write about?
Honestly, my wife comes up with the majority of the ideas and researches the back stories when necessary. She skims through stories almost daily that are sent to her by google news (you can set up an alert with
keywords like "elder law"), and we're both always on alert for celebrity estate gossip. Other times, I just write
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October 2016
Page 4
about issues that have recently come up in one of my cases, or try to give detailed answers to questions prospective clients ask me over the phone. There's a seemingly endless slew of information about probate, estate planning, and elder law that people should know, but don't.
How is it working with your wife?
Working with my wife has been great. Both of us were completely surprised to find we enjoyed working
together. We never thought in a million years that we'd work together. It started out of necessity, but has become something that has brought us closer together. Now we not only have a child we're raising together, we
have a business we're nurturing as well.
Matthew and Family:
I
nterview with a Member:
Luis M. Montes, Esq.
Business law practitioner
LAW OFFICES OF LUIS M. MONTES
2247 Central Ave
Alameda, Ca 94501
Tel: 510 . 749 . 1036
Fax: 510 . 735 . 8888
Luis’ article Common Legal Problems Businesses Should Avoid appeared in our September, 2016, Maverick. Here we learn more about Luis and his practice of law.
.
What is your area of practice?
I estimate that 70% of my practice is business transactional law and 20% business litigation. When I first
started as an attorney I practiced some family law and continue to handle some cases, but am decreasing that
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October 2016
Page 5
area. I was born in Mexico and immigrated to the US when I was a child. Because I’m bilingual and knowledgeable as to family law I often help out at the Family Court’s monthly pro per clinics.
How did you come to focus on business transactions and litigation and how do you distinguish yourself
from your colleagues?
My step-father was a plumbing contractor and early in my life I started helping him with jobs. I obtained
an undergraduate engineering degree from Cal-Poly, but within 6 months realized that I was not really interested in working as an engineer. I became a general building and specialty contractor. For 17 years I owned my
own construction company and helped build or remodel many of the local large grocery and big-box stores,
schools and homes.
I had always wanted to be a lawyer from the time I was a child and when I was in my early 40s decided I
needed to make my dream come true. I attended JFK Law School and was sworn in as an attorney in 2008.
While in law school I worked as a plumber on the side, making much more per hour than my classmates who
had office jobs.
Having owned my own business for 17 years I am familiar with both the practical and legal issues faced
by companies. This knowledge has shaped my practice and made me a business lawyer who understands my
clients’ needs and can communicate well with them. My practice, though, is not limited to or even primarily
focused on representation of those in the construction trades. Rather, I have and have had clients in various industries as issues which companies face are similar across a broad spectrum of businesses.
Your primary office is in Alameda, which is unusual for a CCCBA member. Why do you have a primary
office in Alameda and are active in the CCCBA Solo Section?
When I was a child I lived in Alameda and still do. However, I attended law school at JFK and in law
school started making professional contacts in Contra Costa. As my practice continued to grow, I started representing clients located in various parts of the world, not only in Alameda, Contra Costa and San Francisco, but
also in Canada, Japan, Venezuela and Mexico.
I have satellite office space in San Francisco and Concord. I want to make meetings with my clients easy
for them to attend. Having multiple offices lets me minimize my client’s travel time and expands my client
base.
When not practicing law, what are your interests?
I am one of the top 10 fly fisher casters in the world. I have travelled from Alaska to Chile to participate
in fly casting tournaments. I also am a volunteer fly casting and fly tying teacher and am a member of the Oakland Casting Club and Grizzly Peak Fly Fishers. I enjoy the sport as it gets me outdoors and allows me to enjoy
nature and forget about law for awhile.
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October 2016
Page 6
Luis casting on Hat Creek:
Luis, having caught a brown trout:
CONGRATULATIONS!
Congratulations to Solo Practice & Small Firm Section member J. Scott Isherwood. Scott has been elected to
a position of Executive Committee Member for the Robert G. McGrath American Inn of Court.
Scott Isherwood
Law Offices of J. Scott Isherwood
1990 N. California Blvd., 8th Floor
Walnut Creek CA 94596
(925) 956-1408
Fax: (925) 930-3976
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October 2016
Page 7
Scott is a civil litigation specialist with over 20 years’ experience in real estate, business, contract, products liability, personal injury, and debt collection. He represents individuals, small businesses and homeowners associations, assisting them with a wide variety of problems/conflicts that arise from time to time. You can find more
information about Scott and his practice on his website at www.scottisherwood.com.
MCLE SPECTACULAR-NOVEMBER 18, 2016
The 22nd Annual MCLE Spectacular is upon us!
The Solo Practice and Small Firm Section is co-sponsoring with the CCCBA a program on TIPS AND
TRICKS FOR SOLOS AND SMALL FIRMS: MAKING A SUCCESS OF IT! Speakers are our Section
Chair Andrew J. McCall and Board Members Heidi Coad-Hermelin, Ann M. Dalsin, William A. Hickey
and David S. Pearson. They will be presenting a panel discussion on the efficient running of a solo/small firm,
including an overview of startup issues, marketing/client development, staffing, insurance, technology, time
management and billing. It promises to be an informative presentation of knowledge gained from years of experience in running a solo or small firm.
In addition to the presentation co-sponsored by our Section, a number of our Section members will be
presenting on various panels throughout the day. Section members are participating on the following
panels:
Solo Practice and Small Firm Section member Spojmie Nasiri will be a speaker on a program co-sponsored by
CCCBA and its Immigration Section on AND YOU THOUGHT IMMIGRATION LAW WAS ONLY
FORMS: LOOK WHERE WE ARE! Their panel will discuss some of the hot topics in immigration law today including Visas, Adjustment of Status options and procedures, Deportation Defense, Special Immigrant Juvenile Status and Asylum. They will also address the latest developments in immigration law in light of the
presidential election and local SCOTUS rulings.
Solo Practice and Small Firm Section member Patricia Kelly will be a speaker on a program co-sponsored by
CCCBA and its Employment Section on ARBITRATING EMPLOYMENT DISPUTES: NEW LAW, REALITIES & PRACTICAL STEPS. Their panel will provide practical advice and strategies on potential challenges to mandatory arbitration provisions, selecting arbitrators and forums, successful pre-arbitration mediation initiatives and setting the stage for and conducting the arbitration hearing – discovery disputes, the initial
case management hearing, pre-hearing motions and the evidentiary hearing.
Solo Practice and Small Firm Section members Marcus T. Brown and Dean Christopherson will be presenting a program co-sponsored by CCCBA and its Real Estate Section on REAL ESTATE LITIGATION 101.
They will be addressing issues of partition, quiet title, title insurance, foreclosure problems, and other commonly asked questions that arise in real estate litigation.
Solo Practice and Small Firm Section member Kosta Demiris will be presenting a program co-sponsored by
CCCBA and its Elder Law Section on FIGHTING FINANCIAL ELDER ABUSE: HOW TO GET IT
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October 2016
Page 8
DONE IN THE CRIMINAL AND CIVIL ARENAS. In this presentation representatives from the District
Attorneys’ Office, Adult Protection Services, Law Enforcement and the Civil Litigation bar will show you how
to best prosecute a financial elder abuse case. Their panel will explore key issues in prosecuting criminal and
civil financial elder abuse cases as well as how they cross pollinate.
Solo Practice and Small Firm Section member Stuart J. West will be presenting a program co-sponsored by
CCCBA and its Intellectual Property Section on THE NEW FEDERAL TRADE SECRETS ACT: WHAT
YOU AND YOUR CLIENTS NEED TO KNOW. This panel will present an overview of the new Federal
Law on trade Secrets – the Defend Trade Secrets Act. Looking at its influence on and interactions with, the current California Trade Secret laws, the panelists will also discuss the various impacts this new law will have on
their industries
Solo Practice and Small Firm Section members Kent Parr and Chris Covington will be presenting a program
co-sponsored by CCCBA and its Business Law Section on TWO ENTREPRENEURS WALK INTO A BAR
TO MULL OVER A PURCHASE OFFER. The program will use a role-play format between a client and
wise legal counsel in which the business owner receives an unsolicited purchase offer, raising questions about:
(1) vetting the offeror, (2) negotiating a contract; (3) valuation (Earnings Before Interest, Taxes, Depreciation,
Amortization, EBITDA), promises of working capital transfers and holdbacks, and IP transfers. The panel will
address the lawyer’s competency/ethical obligations in this setting.
For additional information about these and other sessions, and to register, please see the CCCBA’s website at
http://www.cccba.org/attorney/mcle/special-events-mcle.php
CLASSIFIEDS
Section member ads run free of charge. We run ads for three consecutive months. Advertisers then need to
take ads off for three months before re-submitting them for a new three month period. Submit ads to Patricia
Kelly at [email protected]
Beautiful Office Space for Rent:
Two offices and/or cubicle space for rent. Building is a house converted to offices, with hardwood floors and
crown moulding, fireplace, windows that open, large conference room, large outside deck and abundant parking. Address: 961 Ygnacio Valley Road, Walnut Creek, CA. Rent ranges from $350 (cubicles) - $1,100 (larger
office.) Nine other attorneys already are tenants and we looking for attorneys of diverse practice areas. There
is a collegial atmosphere amongst the attorneys and possibilities of cross-referrals of business.
The SOLO AND SMALL FIRM SECTION Newsletter
October 2016
Page 9
For further details and to arrange a viewing please contact Paul Engler at (925) 938-2460.
Secretary/Administrative Assistant sought:
Law Office of Bonnie L. Johnson is seeking a Secretary/Administrative Assistant. CA. Successful applicant
must be knowledgeable in MS-Word, Excel, and QuickBooks, use of office equipment and administration. Two
years of office working experience is preferred. You will work for two attorneys in a bright and clean office in
Walnut Creek. There is client direct interfacing with communication by e-mail, fax and telephone. Salary depends upon experience.
Please e-mail your resume to [email protected].
Your editor:
Patricia M. Kelly
Law Offices of Patricia M. Kelly
700 Ygnacio Valley Rd., Suite 300
Walnut Creek, CA 94597
(925) 818-3305
www.patriciakellylaw.com
Expertise in Employment Law, litigation and advice, including wage and hour issues, unlawful dis-
crimination, harassment, employment and severance
agreements
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October 2016
Page 10
CONTRIBUTIONS
Section members are encouraged to provide updates on recent successes, legal developments, and other matters
of interest. We also are interested in introducing members to one another, learning about their practices and personal insights and disseminating information of interest to our members. Please feel free to submit articles or
blog posts you have written. Also, if you would like to be profiled in an interview or want to suggest another
member for interviewing, please let us know.
Please send questions, comments, corrections, jeers, personal and professional members’ news and contribution
submissions to The Maverick to Patricia Kelly at: [email protected]
Information for submission should be in my hands 5 days before the end of the month.
SUGGESTION BOX
Suggestions for the Solo & Small Firm Section are welcome. Please contact:
Andrew J. McCall: [email protected]
Heidi Coad-Hermelin: [email protected]
Ann M. Dalsin: [email protected]
William A. Hickey: [email protected]
David Pearson: [email protected]