The Marin Lawyer. The Marin Lawyer. An Official Publication of the County Bar Association An Official Publication of the Marin County Bar Association

The Marin Lawyer

January 2008 Volume 39, Issue 1

In This Issue

President’s Message ...2

A Fresh Start ... 3

Mock Trial Needs Your Support ... 4

MCBA Annual Judges Luncheon ... 5

Career Day Event A Sucess ... 6

Volunteer For A State Bar Committee... 9

MCBA Survey ... 9

MCLE Compliance Deadline ... 6

New Members/Change of Scene ... 8

The Marketplace ... 9

The Marin Lawyer

David Brown was guest editor of this issue of The Marin Lawyer. Philip R. Diamond is Series Editor for 2008.

The Marin Lawyer

Calendar of Events

(Continued on page 11.) Look for details each month in The Marin Lawyer

TOWARD A SAFER COMMUNITY

The most desirable outcome for a successful criminal justice system is to make one’s community a safer place to live. Although some offenders must be removed from society, for many persons in Marin’s criminal justice system a better way to make our neighborhoods safer is to help offenders overcome problems that led them to commit criminal acts.

Our current system often seeks to accomplish that goal only through jail or the threat of jail. With jail population rising, the consensus among some Jan. 12th

2008 Installation Dinner, 6 pm

Jan. 15th

Barristers’ Social, 5:30 pm

Jan. 16th

Probate & Estate Section Meeting 2 – :30 pm

Jan 17th

Civil Procedure Update, 5 – 8 pm Real Property Section Meeting 2 – :30 pm

Jan. 22nd

Personal Injury Update, 5 – 8 pm

Jan. 23rd

ADR Section Meeting, 2 – :30 pm

Jan. 24th

Diversity Section CLE Program 4 – 6 pm

Jan. 28th

Probate & Trusts Mentor Group 2 – :30 pm

Jan. 30th

Family Law Update, 5 – 8 pm

GENERAL MEMBERSHIP MEETING

2008 INSTALLATION DINNER

BENEFITTING THE JEANETTE PRANDI CHILDREN’S CENTER The 2008 Installation Dinner will be held on Saturday, January 12,

2008 at the Mill Valley Community Center. The festivities begin with a social and cocktail hour at 6:00 pm, followed by dinner at 7:00 pm. This year’s Installation includes a live singing performance by the teen a cappella group, “’Til Dawn,” and an appearance by Noah Griffin, a local Mill Valley singer and speaker. Noah attended Harvard Law where he continued his singing career. In addition to his singing, Noah was a talk show host for many years on KGO radio as well as a television personality. He was also a syndicated print columnist for the Hearst Examiner.

The Master of Ceremonies for the event will be Paula Kamena, who was the Marin County District Attorney from 999 to 2004, immediately prior to Ed Berberian. The Honorable William Stephens (Ret.) will administer the oath for this year’s slate of Officers and Directors: President-Elect, Marlene Getchell; Treasurer, Beth Jordan; Secretary, Otis Bruce, Jr.; Five Year Past President, Dave Feingold; and Directors, David Brown, Todd Duplanty, Michael Fish, Jessica Karner, and Dennis Kavanagh.

Invitations were mailed in December. If you did not receive one, contact the MCBA office for more information on meal choice and cost. Please send in your invitation today to this fabulous event!

2

PRESIDENT’S

MESSAGE

LET’S HAVE A GREAT

YEAR

By Edward S. Berberian

“Let us remember that, as much has been given us, much will be expected from us, and that truehomage comes from the heart as well as from thelips, and shows itself in deeds.”

~Theodore Roosevelt

Welcome to 2008!

This is my first opportunity to address you about what I hope will be an exciting and challenging year.

My desire is that our Bar will provide both relevant and meaningful service to the community we serve, par -ticularly as it touches the youth. We will be supporting programs and initiatives that directly touch the lives of this segment of our citizenry. Programs that support careers in the law, internships in both private practice and public legal service, moot court competitions, and parent-teen programs discussing the legal rights of the minors are among the successes we have presented and intend to continue to offer.

The vast majority of our youth have positive experi -ences in their lives and are supported by their families. Unfortunately, however, there is a segment of our youth whose memories consist of night terrors, memories of being cold because they are sleeping in a car, mom or dad leaving them alone to score another bag or to just run down to the tavern for another beer. Their memories of the holidays consist of nightmares related to hearing their parents fighting or screaming at one another. Or of one or both of their parents physically abusing them, or even worse, waiting for the door to open and knowing that someone is going to creep into their room and do things to them that make them feel so ugly.

This small but affected grouping of our youth is served by many of you by your advocacy for their rights and protection. The agencies, collaborative partnerships, and programs in our community that are in place to sup -port and assist these vulnerable victims are worthy of our best efforts of support. It is for that reason I identified the Jeannette Prandi Children’s Center as an example of just one of these community collaboratives that support our young. There are many other very worthy entities in this county that desire our support.

I urge our committees and sections as they begin their planning for the year to see if there are programs or initiatives that will target our youth and that would be assisted by your respective good works.

If any of you have a particular interest in a project or program for this year that will support the goal of having our Bar “connect with the community” and reach out to the young, let me hear from you.

(Continued on page 13.)

A FRESH

START:

If you have made mistakes, there is always another chance for you. You may have a fresh start any moment you choose, for this thing we call 'failure' is not the falling down, but the staying down.”

-- Mary Pickford

The Marin County Expungement Project, brainchild of Assistant Public Defender Jose Varela and Deputy Public Defender Elizabeth Berg, was initiated approximately three years ago with the goal of helping clients with criminal convictions re-enter the workplace. It also assists clients in rebuilding their lives by minimizing the stigma of prior con -victions. Through partnering with local community groups and by participating in community outreach, the project, a pilot program of the Marin County Public Defender’s Office, has expanded considerably since its inception, currently providing a full array of post-conviction relief and participating in the drafting of proposed legislation to streamline the updating of convictions expunged at the county level. “Our goal is to continue to expand services to the community – and to equip the community, including the legal community, with the resources and basic infor -mation regarding post-conviction relief available in Marin County,” Varela said.

The basic prerequisites and procedures for seeking expungement in Marin County follow. Clients that do not qualify for the services of the Public Defender are referred to the Legal Self Help Center of Marin where additional information and assistance may be obtained.

Prerequisites for Expungement Under Penal Code Section 1203.4

In order to be eligible for expungement, a person: • Must be off probation in all jurisdictions and cannot

have pending criminal charges in any jurisdiction;

• Must have paid all restitution in the underlying criminal case; and

• Cannot have received a prison sentence (although an alternative form of relief is available – the Certificate of Rehabilitation – see Penal Code section 4852.0 et seq.).

Procedural Steps for Expunging a Criminal Case in Marin County

In order to initiate the expungement process in Marin County, a Petition and Order for Expungement must be filed with the Marin County Superior Court Clerk’s Office in Room C-10. (Practitioners are required to use Judicial Council Form CR-180, available on the California Courts website: www.courtinfo.ca.gov.) A separate CR-180 form needs to be filed for each case being expunged. Filing fees are $20 (per case). Local Rule 2.3 provides that, once filed, the District Attorney has 30 court days in which to file an opposition to the petition, and if opposed, a hearing is set within 2 court days of receipt of the opposition.

4

(Continued on page 14.)

MOCK TRIAL NEEDS YOUR

SUPPORT

By Joel Gumbiner and Dennis Kavanagh*

Hollywood producer, Jes Markson was murdered. Alex Palmer, a former tenant of Markson and part time movie stuntperson, goes on trial for the crime next month. The Prosecution will try to admit the results of the controversial new “memory mapping test” that measured defendant’s brain activity when shown stimuli like photos of the crime scene. The Defense will move to exclude that evidence under the California Supreme Court’s so-called “Kelly test”. Among the witnesses are a famous television/movie actor, a well-known Hol-lywood agent, and high-powered expert witnesses.

The trial(s) will take place all day on Saturday, January 26, 2008, and the following Saturday, February 2, at the Marin courthouse. Many of Marin County’s Superior Court Judges will preside. Marin lawyers will score the students’ performances.

Seven high schools in Marin County will participate in the competition this year: Tamalpais, Redwood, Bran -son, Drake, Marin Catholic, Marin Academy and Terra Linda. The students and their lawyer/teacher coaches received the case in September and are hard at work preparing to try it four months later.

Got preconceived ideas about students pretending to be witnesses and lawyers? Forget it. These kids are amazing. The trials look real.

The pretrial lawyers argue the admissibility of scien -tific evidence, fielding difficult constitutional questions from the judge, and citing Supreme Court cases and the opinions of the nation’s leading experts on “memory mapping.”

The trial teams consist of three trial lawyers and four witnesses each. These talented students give open -ing statements and clos-ing arguments, conduct direct examinations of their own witnesses and probing cross-examinations of the other side’s witnesses. Witnesses respond in character. Objections fly. Lawyers argue them. The judge rules. Bailiffs swear in witnesses and clerks keep time (because every part of mock trial is timed just like a chess match).

Every trial is unique and lasts a little over two hours. Each lawyer, witness, bailiff and clerk is scored on a to 5 basis by volunteer Marin County attorneys, including many MCBA members.

Mock Trial is a national program. Students all over the country are currently working on the same case, People v. Palmer. Almost 600 high schools participate in California alone. Approximately 40 county winners in California will compete at the state competition in Riverside. The California champion competes in the national competition against most of the other 49 state champions. In 2005, Tamalpais High School was the California and National champion. The Tam team con -sistently sets a high bar for all Marin schools.

The Marin County Bar Association will again help sponsor this outstanding competition. MCBA members are urged to support this program, which you can do in a number of ways:

• Come to the competition. Bring your high

school and middle school-aged kids. See what this ex-citing, dramatic and intellectually challenging program looks like.

• Volunteer to be a scoring attorney. Watch a

few trials, score the students’ performances and provide a little feedback afterwards.

• Volunteer to be a judge during a scrimmage.

Most teams scrimmage other teams in December and January. Marin County rules prohibit intra-county scrimmages so Marin teams travel out of county, and

MCBA ANNUAL JUDGES

LUNCHEON IN REVIEW

By Kimberly B. Fitzgerald, Marin County Deputy Public Defender

The Annual Judges Luncheon held on November 28, 2007, was once again one of the most attended events of the year. Assisting Presiding Judge Verna Adams, who will become the Presiding Judge in 2008, discussed the state of the court and future assignments. For the next two years, Judge Adams will focus on continuing the work of her predecessor, Judge Duryee. For example, Judge Dufficy is working on streamlining misdemeanors; a settlement conference program in Pro -bate currently has a 00% success rate in settling cases; and volunteer attorneys are assisting pro per clients in divorce cases, to mention a few programs.

The departments of the court were also reorga -nized to reflect the number of cases that currently pass through the Marin County Superior Court. Al -though Judges Boren and Graham have been trying serious felony cases in Riverside County to assist in that court's backlog of trials, both are due to return to Marin in spring 2008. The judges will retain their current assignments as their two year rotation began in January 2007.

Some changes will occur regarding the assignments for commissioners in 2008 as follows: Commissioner Goldfine – traffic/misdemeanor trials; Commissioner Huebach - juvenile/LPS until April 1st and then mis-demeanor calendar after April st; and Commisioner Chernus - juvenile/LPS after April 1st.

Presiding Judge Lynn Duryee spoke strongly about pro bono work and bar members giving back to the community. On behalf of the Marin County Superior Court, she presented Service Awards to the following members of the bar for their outstanding work this past year: James Proctor, Phil Diamond, and Joel Franciosa received awards for their work as mediators; Karina Rodriguez-Matzen and Judith Beck received awards for their work in the family law area; Jack Rauch and Dori Ahana received awards for their work in the field of criminal law; Matt White received an award for serv -ing as a volunteer judge of small claims appeals and as judicial liaison to the court; and Ron Ravani and Marta Osterloh received awards for their work in juvenile court and juvenile drug court. Congratulations to all.

Lastly, this luncheon also served as the November General Membership meeting for MCBA and the elec -tion for the 2008 Officers and Directors for the Marin County Bar Association was held. The membership Hon.Lynn Taylor and Hon. James Ritchie (foreground right)

enjoy some conversation.

MCBA Past President Jeff Lerman (r) gives President-Elect Ed Berberian (l) some words of wisdom.

(Continued on page 15.) (l to r) Houman Chitsaz, Phil Diamond, and Barri Bonapart.

6

(Continued on page 7.)

CAREER DAY EVENT A SUCCESS

By Robynn Gaspar, Executive Director of the Marin County Bar Association

On December 5th _{the st Annual MCBA Career Day}

event, entitled "So You Want To Be A Lawyer, Judge or Paralegal", in partnership with the Marin County Office of Education (MCOE), the Marin County Superior Court and the Marin County District Attorney's Office was held. Three local high schools participated; San Marin, Novato and Drake High Schools sent groups of seniors from their Advanced Placement (AP) Government and AP History classes.

Ken Lippi, Director of the MCOE’s School to Career Partnership introduced the program. This is the second col -laboration MCBA has done with the MCOE this year; the first program was our Law Day program specially designed to introduce teens to the law. Ken mentioned another com -ponent of the School to Career Partnership is internships some of which are done at the Civic Center at the District Attorneys office or the Public Defenders office. Ken then introduced MCBA president Jeff Lerman who introduced the panel and served as moderator for the program.

To ensure the teenagers not think the program would be dry and boring, Jeff asked the students to write down the conclusion of the phrase: “Lawyers are…”. A few amusing and revealing responses were that lawyers are: “usually at -tractive people;” “boring but extremely rich;”,”good liars;” “accomplished;” “overworked;” “stressed;” “smart;” and, last but not least, “sexy.”

Jeff then introduced the panelists and told the students they would all try to give an honest objective window into the profession. The panelists were to address a list of ques -tions focusing on what they love about their careers, as well

as the most challenging aspects of their positions. Also covered were the educational paths necessary for the vari -ous fields, and the potential salary ranges for each area.

The first panelist to speak was David Brown, Chief Deputy in the Marin County Public Defender’s Office. David mentioned that contrary to popular belief obtaining a position in the Public Defender’s office is very competi-tive, with 00 applicants for every job. The best aspect of the job is helping people get their lives back, and the worst aspect is losing a case and seeing a client go off to prison. David has also worked on death penalty cases which are the greatest challenge of his job as the stakes are obviously very high.

Next up was David Vogelstein, a private criminal defense attorney. David stressed the tension between working hard and throwing yourself into your work and keeping balance in your life. This is a constant issue for criminal attorneys. He also mentioned that criminal law is the lowest paid of all legal specialties.

Ed Berberian, District Attorney for Marin County, then told the audience how his job is to make the criminal defender’s life miserable. Ed agrees that he enjoys criminal law for the challenge and not the money. He feels his big -gest responsibility is to remember the families that have lost someone – that person can never be replaced. Ed’s least favorite part of the job is dealing with the media.

Next, Renee Chernus spoke about how she specializes in family law and said usually most people’s only oppor -tunity to interact with the legal system is through family law. Attorneys either love family law or hate it as it is very emotionally charged, and usually involves a traumatic time for people. Being a solo practitioner gives Renee flexibility and balance in her life.

Career Day panelists (l to r) Kristi Edwards, Phil Diamond, David Vogel-stein, Renee Chernus, David Brown, Jeff Lerman and Ed Berberian.

(Career Day, continued from page 6.)

Phil Diamond is a civil litigator as well as a mediator. Phil said that he loves the process of figuring out how to get the best result for his clients. The part he finds most challenging is the adversarial system, which sometimes can be more adversarial than it needs to be. This is one of the reasons that Phil became a mediator. Mediators work with both sides to ensure that there are no losers. It is a win-win situation for both sides when done successfully.

The audience was then addressed by Kristi Edwards, a California Certified Legal Secretary who works as a legal assistant. Trained legal support staff is in high demand in the legal profession. Paralegals now do what first year interns used to do so the work is quite challenging. The path to work is much faster than an attorney as it is a 2 year program and you do not need to first complete four year degree.

Jeff Lerman, a transactional attorney, then spoke about how he loves the variety of this area, and finds creativity and problem-solving as a big part of the job. The biggest challenge is managing client’s expectations regarding the amount of time and the cost to get an issue addressed. This area of law has the highest earning potential of all the areas represented today.

After the panel presentation the students walked to the court floor, observed proceedings in various courtrooms, and were then addressed by Presiding Judge Lynn Duryee and Commissioner Beverly Wood. The program wrapped up with questions and answers from the students to the panel.

8

THE MARIN COUNTY BAR ASSOCIATION and THE MARIN COUNTY WOMEN LAWYERS

PRESENTS

The Rutter Group’s Video Programs Civil Procedure Update 2008

3 hours MCLE Credit (including ½ hour legal ethics)

Thursday, January 17, 2008 5:00p.m to 8:00 p.m. MCBA Conference Room 30 N. San Pedro Rd., San Rafael

Registration at 4:45 p.m. Light Supper included

$75.00 MCBA & MCWL Members / $95.00 Non-Members

Panel

Judge William F. Rylaarsdam Justice Anne Bouliane

Calif Court of Appeal, 4th _{Dist, Div 3, Moderator San Francisco Superior Court}

Judge Lee Smalley Edmon

Los Angeles Superior Court

Topics

Here is your opportunity to get current with all that is happening in civil procedure. This program will cover the leading cases decided during the past year, plus important statutory and rules changes affecting

both pretrial and trial procedure. Most importantly, you hear it from the best panel available of distinguished judges who are at the forefront of the topics covered by this program!

SEATING FOR THIS PROGRAM IS LIMITED TO 20 -- EARLY RESERVATIONS ARE RECOMMENDED 3 UNITS OF MCLE CREDIT

This program has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of three (3) hours of credit of which ½ hour is legal ethics credit. The Marin County Bar Association, as an approved provider, certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. State Bar provider #411

______________________________________________________________________________________ To register, please fill out the form below and mail it with your check payable to the Marin County Bar Association, to the following address: MCBA, 30 N. San Pedro Rd., Ste. 140, San Rafael, CA 94903

Name:__________________________________________________________Phone:______________

‰ Check enclosed for $_____________ or ‰ You can bill my ‰ Visa ‰ MasterCard

Acct#________________________________________________________Exp. Date_______________________

MCBA MEMBERS: JUDGE THE

JUDGES (AND COMMISSIONERS)

You now have the opportunity to tell Marin Judges and Commissioners what you really think – as long as your comments are constructive and professional (i.e., no personal attacks). You should have received an e-mail by now inviting you to participate in the MCBA Judge and Commissioner Evaluation Survey.

This is an online survey. The technology used enables you to submit your answers anonymously. All responses will be kept confidential in that they will not be made pub-lic; they will be delivered with the highest security to the Presiding Judge, plus each Judge and Commissioner will receive the responses that pertain to him or her.

So, please take advantage of this unique opportunity. The deadline to submit your responses is January 5, 2008. If you have not received the e-mail invitation, please contact Robynn Gaspar at (415)499-1314, or by email at rgaspar@30nsp.org, and she will arrange to get it to you.

VOLUNTEER FOR A STATE BAR

COMMITTEE!

APPLICATIONS FOR 2008 – 2009 NOW AVAILABLE

Each year the State Bar of California offers attorneys in California an opportunity to contribute to the legal pro -fession and the public by volunteering to serve on one of the State Bar committees.

This year the State Bar is recruiting applicants for 0 standing committees, 6 section executive committees, and 5 special committees, boards and commissions.

The State Bar's Board of Governors appoints approxi -mately 150 - 200 new members every year, and strives to make appointments that will achieve diversity and broad representation of the California Legal profession. The Board also makes annual appointments to three other enti -ties – the ABA House of Delegates, the Judicial Council, and the Commission on Judicial Nominees Evaluation (JNE Commission).

If you are interested and would like find out more about the open committee positions or you want to complete an application, go to the State Bar Web site at www.calbar. org and go to the “Attorney Resources” page and click on “Committees and Commissions,” or call the State Bar Ap -pointments Office at 415-538-2299.

You can also write to:

Appointments Office The State Bar of California 180 Howard Street, San Francisco, CA 94105-1639

The deadline for committee applications is February

0

THE MARIN COUNTY BAR ASSOCIATION and THE MARIN COUNTY WOMEN LAWYERS

PRESENTS

The Rutter Group’s Video Programs

Personal Injury Update 2008

3 hours MCLE Credit (including ½ hour legal ethics)

Tuesday, January 22, 2008

5:00 p.m. to 8:00 p.m.

MCBA Conference Room

30 N. San Pedro Rd., San Rafael

Registration at 4:45

Light supper included

$75.00 MCBA or MCWL Members / $95.00 Non-Members

Panel

Justice Judith M Sakaki

Michael A Kelly

Simke Chodos & Sasaki LLP Walkup, Melodia, Kelly, Wecht & Schoenberger Los Angeles San Francisco

Topics

This program will bring you up-to-date on significant case law and statutory developments in the personal injury field. We explain these developments through a series of hypotheticals, demonstrating their

application and practical impact in typical cases. We also explore unresolved problem areas.

SEATING FOR THIS PROGRAM IS LIMITED TO 20 -- EARLY RESERVATIONS ARE RECOMMENDED 3 UNITS OF MCLE CREDIT

This program has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of three (3) hours of credit of which ½ hour is legal ethics credit. The Marin County Bar Association, as an approved provider, certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. State Bar provider #411

______________________________________________________________________________________ To register, please fill out the form below and mail it with your check payable to the Marin County Bar Association, to the following address: MCBA, 30 N. San Pedro Rd., Ste. 140, San Rafael, CA 94903

Name:__________________________________________________________Phone:______________

‰ Check enclosed for $_____________ or ‰ You can bill my ‰ Visa ‰ MasterCard

Acct#________________________________________________________Exp. Date_______________________ P.I. 1/22/2008

(Safer Community, continued from page 1.)

criminal justice professionals is that other approaches might be more effective. For that reason, the Marin Board of Supervisors has made the evaluation and consideration of community justice approaches using restorative principles one of its long-term priorities.

Among clientele in the criminal justice system are persons who have mental illnesses, emotional problems, and drug and alcohol abuse issues, to say nothing of despair and desperation caused by poverty or economic difficulties. Criminal justice professionals realize that for this popula -tion, a focus on treating the underlying causes is often more effective than punishment alone. The desired results are more likely to result by a more therapeutic jurisprudential approach addressing the underlying causes of criminality.

Such efforts in Marin include Juvenile and Adult Drug Courts, the Sheriff’s Jail Treatment Pod, STAR Court & STAR Program, and increased use of treatment conditions on probation. These “problem solving” efforts help of -fenders become law-abiding residents by improving the competency of participants to overcome their problems, gain self confidence, and learn tools to resist relapse.

Also under consideration in this effort are new pro -grams that incorporate restorative justice programs—pro -cesses that involve interactions among victims, communi -ties and offenders. Restorative processes seek to resolve differences and work to heal and repair the harm caused. A short-hand replication of these principles is:

REPAIR HARM—REDUCE RISK—BUILD COMMUNITY

• repairing harm means restoring a sense of justice to the victim by holding the offender accountable in a posi-tive way to the victim.

• reducing risk means making the community a safer place by helping the offender build competency to avoid recommitting crimes.

• building community means building a safer com-munity by comcom-munity residents becoming involved in keep-ing their neighborhoods law abidkeep-ing.

The goal in this approach is to impress upon the of -fender the impact of his/her acts on the victim and commu

-nity so that the next time an opportu-nity or urge to commit a crime arises, the offender will think about the effects of his actions and the obligations that arose from his acts – and then not do the crime!

Marin already has a Victim Offender Mediation/Rec -onciliation Program (VORP) in the Probation Department. The program brings willing victims face to face with of -fenders in the presence of trained mediators to discuss the impact of crimes on victims and how to redress the harms. Although embracing this program is often difficult for victims, many have discovered the remarkable healing ef -fect of forgiveness and the restorative nature of telling an offender how he/she has been hurt by him/her.

Another restorative practice is Neighborhood Ac -countability Boards currently used in Santa Clara County where neighborhood volunteers, under the guidance of the probation department, decide the appropriate dispositions for persons who have committed less serious crimes. There is also Vermont’s variation, called Reparative Probation, where courts have the authority to order offenders to attend a community meeting as part of the probation sentence. The offender is directly accountable to the communities and vic -tims that were harmed by the offenses. The meetings focus on telling offenders the nature and extent of harms caused and on determining with offenders how they can make it right. The outcomes that is sought is that the offender is actually “treated,” though not in the traditional sense.

With the participation of the courts, criminal justice and behavioral health professionals – and eventually the greater community – real improvement in public safety in Marin can hopefully become a reality.

2

The Marin Lawyer

State Bar CLE deadline (N-Z) is

February 1, 2008

MARIN COUNTY AND ALAMEDA COUNTY BAR ASSOCIATIONS PRESENT:

CULTURAL ISSUES AND BIAS IN YOUR PRACTICE: WHAT YOU NEED TO KNOW

ONE HOUR ETHICS and ONE HOUR ELIMINATION OF BIAS

January 24, 2008 4:00 – 6:00 p.m.

Representative topics

:

o Cultural barriers to effective communications with clients and adversaries

o Selecting and convincing jurors; ethical and legal limits

o Testing assumptions about experts and witnesses

o Detecting, avoiding, and unlearning bias in your office and in your practice

Panelists

:

Hon. Trina Thompson. Judge of the Alameda County Superior Court since January 2003. Judge Thompson has presided over felony and misdemeanor jury trials, preliminary hearings, civil case management, civil settlement conferences, and the Mentor Diversion program for young first time offenders.

Julie Fenyes. Ms. Fenyes, a principal with 360º Insights in Santa Monica, has developed and presented CLE seminars for thousands of lawyers across the country. Her experience includes a broad range of civil and business cases, more than 60 death penalty cases, and a wide spectrum of white collar and other criminal matters.

Michael Roosevelt. Mr. Roosevelt has undergraduate and graduate degrees in psychology from San Francisco State University and has developed unlearning bias curricula and resources for judges, attorneys and court staff. Mr. Roosevelt has special expertise in unconscious bias and its effect on people, perception and decision-making.

Will Rountree. Dr. Rountree, a trial consultant with Bonora D'Andrea, LLC in San Francisco, has consulted with trial attorneys in hundreds of civil and criminal cases. He has written extensively on jury composition challenges, post-trial interview techniques, the discriminatory use of peremptory challenges, and voir dire questioning techniques in restricted time conditions.

Location:Best Western Corte Madera Inn, 56 Madera Blvd., Corte Madera, CA 94925

Date: January 24, 2008

Cost:$50 MCBA & ACBA members/ $75 non members - ACBA members: Best Western Corte Madera Inn is only 30 minutes from the Oakland courthouse.

2.0 UNITS OF MCLE CREDIT

This program has been approved for Minimum Continuing Legal Education credit by the State Bar of California for 2.0 hours, including one hour in elimination of bias and one hour in ethics. Provider #411.

……….

To register, please fill out the form below and mail it, with your check payable to the Marin County Bar Association, 30 N. San Pedro Road, Ste. 140, San Rafael, California, 94903. Name: ________________________________________ CA Bar #: _________________

… Check enclosed for $ _____________ or … You can bill my VISA or MasterCard Visa/MC No. ___________________________________________ Exp. _________

(Fresh Start, continued from page 3.)

Statutory Entitlement vs. Discretionary Relief

There are two categories of persons who are statuto -rily entitled to a grant of expungement under Penal Code Section 203.4: ) those who have been perfect on proba -tion (i.e. have satisfied every condi-tion of proba-tion and who have never had probation revoked nor a petition to revoke probation filed); and 2) persons who are granted early, successful, termination of probation.

Parties who are not statutorily eligible for expunge -ment bear the burden of showing at a hearing (and through supporting documentation which should be attached to the CR-180 form) that the interests of justice would be served by granting the relief sought.

Practical Effect of Expungement

The single most common misconception about ex -pungement is that it eliminates all traces of a criminal conviction. This is not the case. The portions of the criminal record relating to the arrest still remain intact and unchanged and the court case information likewise remains visible. However, the disposition code on the court case section changes from notations of “conviction” to “dismissed per 203.4.” While this change might seem minor, its practical effect can be the difference between employability and non-employability, where relief is granted.

Counsel should also be aware that it takes approxi -mately 2 weeks for an expunged case to begin to show up as dismissed on a Department of Justice criminal record once expungement has been granted in Marin County – and private database vendors can take considerably longer to update their records.)

For information on other forms of post-conviction relief or for additional information on the Marin County Expungement Project, please contact: Michele Berrong, Deputy Public Defender, at (415)499-7013, or by email at: mberrong@co.marin.ca.us.

REMINDERS:

HAVE YOU RENEWED YOUR

MEMBERSHIP FOR 2008?

Please renew today. Otherwise this could

be your last newsletter. If you need another

application go to our website:

marinbar.org

and on the home page you can

download an application.

HAVE YOU SENT IN

YOUR RSVP FOR THE 2008

INSTALLATION DINNER?

We need your response by /4/08

so please send those rsvp cards in.

HAPPY NEW YEAR!!!

SAVE THE DATE

FOR THE 2008

PRO BONO LUNCH

MARCH 26

4

(Mock Trial, continued from page 4.)

also invite teams from other counties to compete here, in actual Marin county courtrooms. With about one hour of preparation time, you can be a judge. Don’t worry if you are rusty; the lawyers will remind you about such things as whether testimony falls within the “state of mind” exception to the hearsay rule.

• Volunteer to be a coach. Several Marin High

Schools do not participate primarily for lack of a coach. If you like what you see this year, think about coaching next year.

• Tell people about this wonderful program and

encourage your attorney and non-attorney friends to come to the competition.

Mock Trial needs the support and participation of MCBA members. If you are interested, contact Deborah Hemphill at the Marin County Office of Education. She may be reached at (415) 491-0792 or (415) 499-5811, or by email at dhemp@marin.k2.ca.us

*Joel Gumbiner is the senior partner of Gumbiner & Eskridge, LLP., a civil litigation law firm representing individuals and businesses in all types of insurance cover-age disputes and insurance bad faith matters. His firm also handles construction defect, landslide and flood cases throughout California. Joel serves on several Boards of Marin non-profit organizations and has coached the Terra Linda High School Mock Trial team for three years. Dennis Kavanagh is a retired insurance defense attorney and has been an attorney/coach with David Vogelstein at the Tam High Mock Trial team for 8 years.

MARIN COUNTY LEGAL

PROFESSIONALS

ASSOCIATION

A PROFESSIONAL ORGANIzATION FOR LEGAL ASSISTANTS

NEXT MEETING:

Thursday, January 0, 6 pm,

Café Arrivederci, G Street, San Rafael SPEAKER:

TBA

RSVP/INFO: Kristi L. Edwards,

CCLS, 491-5000, kledwards@justice.com

TIP OF THE MONTH:

Mandatory CLE for paralegals changed January , 2007. Do you know the current continuing education requirements for your assistant?

(Judges Luncheon, continued from page 5.)

To increase sales,

announce a new partner

or advertise a new business:

place your ad in

“The Marin Lawyer”

contact Pat Stone, Express Printing Phone: (707) 585-3248 Fax: (707) 585-0844 E-mail: express@sonic.net

unanimously elected the following officers and direc -tors: President-Elect Marlene Getchell; Treasurer Beth Jordan; Secretary Otis Bruce; Five Year Past President Dave Feingold; and Directors David Brown, Todd Duplanty, Michael Fish, Jessica Karner, and Dennis Kavanagh.

(l to r) Peter Flaxman, Otis Bruce, and Martin Malkin at the Annual Judges Luncheon.

6

MCLE COMPLIANCE DEADLINE

COMING UP

GROUP 3 (N - Z) Deadline: 2/1/08

MCLE “Regular Requirement”

Total hours required every three years: 25 hours

Maximum “self-study” hours: 12.5 hours

Members must fulfill at least one-half of their MCLE requirement with activities approved for “participatory” MCLE credit. (For additional information contact The State Bar of California at 538-2130, or visit the website at http://www. calbar.ca.gov.)

Special Requirements within the total hours required (may be taken as participatory or self-study)

Legal Ethics: 4 hours (required)

Detection/Prevention of Substance Abuse:

1 hour (required)

Elimination of Bias in the Legal Profession:

1 hour (required) • • • • • •

EVENT CALENDAR DETAILS

Jan. 12th

2008 Installation Dinner : The Marin County Bar Association cordially invites you to the 2008 Insta lation Dinner honoring President Edward S. Berbrian and the Officers and Directors for 2008.

Master of Ceremonies, Paula Kamena. Swearing-in of Officers and Directors by the Honorable William Stephens (Ret.).

Social Hour - 6 pm Dinner - 7 pm

Location: Mill Valley Community Center, 80 Camino Alto, Mill Valley

RSVP by January 2, 2008 to jsalas@30nsp.org

Jan. 15th

Barristers’ Social

Location: The Marin Brewing Company at Larkspur Landing

5:30 pm

Jan. 16th

Probate & Estate Planning Section Meeting : 2 – :30 Brown Bag Lunch

The Tamalpais Room in the Corporate Center 750 Lindaro, Central San Rafael (off Second Street) The Tamalpais Room is on the ground floor off the lobby

2 – :30 pm

Jan. 17th

Civil Procedure Update:

Location: MCBA Conference Room Time: 5 - 8 pm

Real Property Section Meeting:

Speaker: James B. McKenney Annual Update

Seafood Peddler 12 - 1:30 pm

Jan 22nd

Personal Injury Update:

Location: MCBA Conference Room Time: 5 - 8 pm

Jan. 23rd

ADR Section Meeting: Seafood Peddler

Election of 2008 Officers and Administrative Meeting. 2 – :30 pm

Jan. 24th

Diversity Section CLE Program:

MCBA & Alameda County Bar Associations Present: Cultural Issues & Bias in Your Practice: What You Need to Know

One hour ethics & one hour elimination of bias

Jan. 28th

Probate & Trusts Mentor Group

802 “B” ST., San Rafael

An informal forum to further discuss issues addressed at the monthly estate planning section meetings or any other issues. Bring your lunch and interesting estate planning/trust administration/probate issues to discuss, and snacks will be provided. Parking is avail able in the City of San Rafael parking lot on B Street south of 4th Street.

Brown Bag Lunch 12 - 1:30

Jan. 30th

Family Law Update:

Location: MCBA Conference Room Time: 5 - 8 pm

The Marin County Bar Association and

The Marin County Women Lawyers

Presents

The Rutter Group’s Video Program

Family Law Update 2008

3 hours MCLE credit (including ½ hour legal ethics)

Wednesday, January 30th 5 – 8 pm

MCBA conference room

30 North San Pedro Road, San Rafael

Registration at 4:45 p.m. Light Supper included

$75.00 MCBA & MCWL Members / $95.00 Non-Members

Panel:

Judge Kenneth Black

Los Angeles Superior Court, Moderator

Judge Robert A. Schnider

Los Angeles Superior Court

Eleanor A. Stegmeier

Stegmeier & Gelbart LLP Costa Mesa

Topics

Recent family law cases and new and amended statutes continue to make

“landmark” changes in family law practice. Now is your opportunity to get current! Our distinguished panel of family law experts explains these developments through hypotheticals, demonstrating their application and practical impact in typical cases. You’ll also hear their insight on unresolved problem areas

3 UNITS OF MCLE CREDIT

This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of three (3) hours of credit of which ½ hour is legal ethics credit. The Marin County Bar Association, as an approved provider, certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. State Bar Provider #411.

Seating Limited to 20 people. Please make reservations.

……….

To register, please fill out the form below and mail it, with your check payable to the Marin County Bar Association, 30 N. San Pedro Road, Ste. 140, San Rafael, California, 94903. Name: ________________________________________ CA State Bar No.: _____________

… Check enclosed for $ _____________ or … You can bill my VISA or MasterCard Visa Account No. ___________________________________________ Exp. _________ MasterCard Account No. _____________________________________ Exp. _________

8

CHANGE OF SCENE

NEW MEMBERS

30 N San Pedro Rd, Ste. 220 San Rafael, CA 94903 492-0230 Fax: 492-0947 mnakanishi@legalaidmarin.org Paul S. Rosenlund

Duane Morris LLP

One Market, Spear Tower, Suite 2000 San Francisco, CA 9405

957-3178 Fax: 957-3001 prosenlund@duanemorris.com

Sandra M. Acevedo

Law Office of Sandra M. Acevedo 683 Novato Bl., Ste. 4

Novato, CA 94947 892-7003 Fax: 892-7033 smacvedo@aol.com Marc Coopersmith

Golden State Lumber, Inc. 855 Lakeville, Ste. 200 Petaluma, CA 94952

707-206-4103 Fax: 707-206-4153 mcoopersmith@goldenstatelumber.com Charles H. DeLacey, Esq.

Maple DeLacey LLP 450 Sansome St, Ste. 0 San Francisco CA 94 655-5900 Fax: 655-5910 Charles@maple-delacey.com Brian P Hedstrom

Golden State Lumber, Inc 855 Lakeville #200 Petaluma CA 94952

707-769-0181 Fax: 707-769-0285 bhedstr@goldenstatelumber.com Steven Kesten

Kesten, Baldwin & Baldwin 400 Redhill Ave

San Anselmo CA 94960 457-2668

kcblawoffice@aol.com

Anthony Lowenstein

4040 Civic Center Dr. Ste. 200 San Rafael CA 94903 272-1292 Fax: 366-2110 A@LowensteinLaw.com Gregory S. Maple Maple DeLacey LLP 450 Sansome St, Ste 0 San Francisco CA 94 655-5900 Fax: 655-5910 greg@maple-delacey.com Norman C. Plummer Confidante, Inc. 6 Chapparal Ct Novato, CA 94949 898-2025 Fax: 898-2065 norm@confidante.com Andrew H. Pontious

Collette Erickson Farmer & O’Neill LLP 80 E. Sir Francis Drake Bl. Ste 2G Larkspur CA 94939

788-4646 Fax: 788-6929 apontious@collette.com Manton Selby

Selby Law Office 69 Miller Ave Mill Valley CA 9494 383-9030 Fax: 383-9032 mantonselby@hotmail.com

THE MARKETPLACE

Anyone wishing to advertise in the Marketplace should send their text ad to MCBA, 30 N. San Pedro Rd, Ste. 140, San Rafael, CA 94903 with payment of $25 per month, or you may email to: rgaspar@30nsp.org . The ad should be no longer than 25 words and paid in advance.

Deadline for submission of articles,

ads, inserts, and announcements

is the 5th of each month.

Thank you.

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.

MISSION STATEMENT OF THE MARIN

COUNTY BAR ASSOCIATION

To increase sales, announce a

new partner

or advertise a new business:

place your ad in

“The Marin Lawyer”

contact Pat Stone, Express Printing Phone: (707) 585-3248 Fax: (707) 585-0844 E-mail: express@sonic.net

CLASS A BUILDING – Attorney’s Offices

luxurious offices, 999 Fifth Ave. San Rafael. $1500 - $2000/month or will provide space in exchange for

assistance with pending litigation. Call Francis Doherty

455-0260.

SHARED OFFICE SPACE available for atty.

Courthouse Sq., 6th _{Flr. San Rafael. Includes private}

office, area for work station, reception area, use of Conf.

20 FIRST CLASS U.S.POSTAGE PAID PERmIT #26 SAn RAFAEL CA DATED MATERIAL

Marin County Bar Association

30 North San Pedro Road, Ste. 40 San Rafael, CA 94903

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.

Production Express Printing

Advertising Pat Stone published by

The Marin County Bar Association 415-499-1314 Fax 415-499-1614

www.marinbar.org MCBA Officers

Edward S. Berberian President Marlene P. Getchell President Elect Beth S. Jordan Treasurer Otis Bruce Jr. Secretary Jeffrey H. Lerman Past President David Feingold 5 Year Past President

Board of Directors

Elizabeth Brekhus Renee Giacomini Brewer David I. Brown Timothy J. Chambers Houman Chitsaz Philip R. Diamond Todd Duplanty Michael Fish Louis S. Franecke Joel Gumbiner Jessica Karner Dennis Kavanagh Jordan A. Lavinsky Andrew C. McCullough Eric Sternberger

Executive Director