In This Issue
Calendar of Events
Look for details each month in
The Marin Lawyer
President’s Message ... 2
Spotlight on Beverly Green ... 3
Tevini Jury Verdict ... 4
Canal Alliance ... 5
Standing Committees and Sections ... 6
Calendar Details ... 13 New Members ... 14 Change of Scene ... 14 Marketplace ... 15 (Continued on page 6.) (Continued on page 6.)
Phil Diamond was Guest Editor of this issue ofThe Marin Lawyer.
Kate Rockas is Series Editor for 2013.
An Official Publication of the Marin County Bar Association
ANNUAL LEGAL AID PRO
BONO LUNCHEON
On Wednesday, March 27, 2013 at the Marin Yacht Club, 24 Summit Avenue in San Rafael, the Marin County Bar Association will host the annual Legal Aid of Marin Pro Bono Appreciation Lun-cheon at 12 noon. We will celebrate 235 attorneys and non-attorneys including 41 recipients of the Wiley W. Manuel Award –issued by the State Bar of California for 50 or more hours of pro bono service. MCBA President Joel Gumbiner will make the wel-come address and Marin Superior Court Presiding Judge James Ritchie will present the certificates.
Attorney Wiley W. Manuel Award recipients are: Douglas Armstrong, Jean Bordon, Pieter Bo-gaards, Stephen Dye, Nancy Field, Timothy Findley, Felicia Goldstein, Eugene Hahm, Alex Harrison, Shirley Hochhausen, George John, Robert Kane, Benjamin Kleinman, Kelly Knudson, Saundra Riley, Christopher Robinson, Ryan Russell, Margaret Sell, Colleen Shaw, George Shea, Jeffrey Speno, Rebecca Sudtell, Jessica Garrett Swanson, Neil Swartzberg and the Honorable Beverly Wood.
Non-Attorney Wiley W. Manuel Award recipi-ents are: Cynthia Abesa, Diana Braa, Adrian Connolly, Valeria Cuba, Jesse Gossett, Laura Haley, Patti LaPer-riere, Hoang LeClerc, Emmett Luty, Kristina Maalouf, Mary Nguyen, Dane Patterson, Timothy Peters, Phillip Raffle, Roberta Schwartz and Dede Teeler.
Colleen Shaw
Pieter Bogaards
DON’T WANT TO MEDIATE? DON’T GET
yOUR fEEs
How to maximize the potential for recovery of attorney’s fees in disputes arising out of contract By Phil Diamond © 2013
It has for some time been standard practice in many industries in which the parties’ relationships arise out of contracts, for such contracts to require mediation of disputes, and to give “teeth” to such requirements by conditioning the recovery of “pre-vailing party” attorneys fees upon the parties’ agree-ing to first attempt to resolve their disputes through mediation. Because the vast majority of mediated disputes end up in settlements, and because mediated settlements usually involve each side bearing its own
March 27, 2013
Annual Pro Bono Luncheon 12 – 1:30 pm
March 5, 2013
Labor & Employment Section Meeting Annual Update 12 – 1:30 pm
Real Property Section Meeting Annual Update 12 – 2 pm
March 14, 2013
Construction Law Section 12 – 1:30 pm
March 20, 2013
ADR Section Meeting 12 – 1:30 pm
Probate & Estate Section Meeting 12 – 1:30 pm
March 25, 2013
Probate & Estate Mentor Group 12 – 1:30 pm
March 26, 2013
Intellectual Property Section Meeting 12 – 1:30 pm
(Continued on page 12)
RESERVATION FORM General Membership Meeting Pro Bono Luncheon
Please make ____ reservations for me at Marin Yacht Club, 24 Summit Avenue in San Rafael, on Wedenday, March 27, 2013, from 12-1:30 pm.
Please choose one: ____Ribeye Steak ____ Mesquite Grilled Wild Salmon ____ Vegetarian Saffron Risotto Name(s) or Firm Name:________________________Phone:_____________________________________
Enclosed check for _____________________$45 members and non members. *LATE SIGN UPS $10 MORE
Visa Mastercard _________________________3 digit code_________ Exp ____________________ Address _______________________________________________________________Zip ________________
RSVP by March 20, 2013, *after 3/20 you are considered a late sign up.
Make checks payable to MCBA and mail to: MCBA,101 Lucas Valley Road, Suite 326, San Rafael, CA 94903. Reservations are non-refundable unless the individual provides at least 24 hours cancellation notice to MCBA.
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yOUR MCBA
COMMITTEEs AND
sECTIONs: THE
BACkBONE Of THE
ORGANIzATION
Milton Berle once said a committee is a group that keeps minutes and loses hours. Funny line, but actually Mr. Berle had some pretty talented comedy writing committees working for him. Served him pretty well too.
Committees and Sections form the skeleton of the Marin County Bar Association. Without them, the larger body does not function. The 2013 Standing Committee chairs and members have now been appointed and approved by the Board, with a few spots still open. As the Commit-tees begin their work this year, I thought it might be a good time to review their purpose and what they are working on.
I would first note that most of our committees are very active and consist of members who have volunteered to serve. Under the bylaws, each committee has five core members serving three-year staggered terms. Committee chairs are appointed for one year terms and can appoint additional committee members for a one year term.
Committee members meet and communicate semi-regularly in person and by email, and many form very close and collegial relationships through committee work. In my opinion, there is no better way for MCBA members to really get to know one another than to serve together on a committee or task force. Most find the work rewarding and feel they benefit personally and professionally from the experience as they provide a valuable service to fel-low members. Several committee members have served many consecutive three-year terms and some have served on committees for decades.
Our “standing committees” are defined in the bylaws. The list of them, along with current chairs and members, can be found in this issue of the Marin Lawyer. Some of
our standing committees, and a few ad hoc committees, are involved in very important work that you will be hearing more about as the year goes on. Here is a brief summary.
The Bench-Bar/Administration of Justice Committee worked with the Superior Court judges and court admin-istrators last year to create and implement the Discovery Facilitator Program. That program began last July and is already helping civil litigants resolve discovery disputes in a quick and cost effective way, and is helping relieve the backlog on the civil litigation law and motion calendar. The Bench-Bar Committee is now working on a low cost mediation program for smaller civil cases and for litigants who have previously been unable to afford mediation.
The Continuing Legal Education Committee has worked to put on the CLE Fair each November for the past 5 years. That committee is also working very hard to expand CLE opportunities through our web site so that members can both publish articles and webinars, and access them to earn CLE credits. The CLE committee will also be presenting looking at providing more live CLE events this year. You will definitely be hearing more about the work of that committee over the course of this year.
The Membership Committee, along with the Barristers Section, will be looking at ways to attract, involve, and provide relevant services to, new lawyers. Your MCBA Board is particularly sensitive to the need to reach out to this very important constituency.
(Continued on page 12)
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sPOTLIGHT ON
MCBA DIRECTOR
BEVERLy GREEN
Barbara Monty in Conversation with Director Beverly GreenBev, what is your practice area?
My law practice for over 30 years has been in all aspects of entertainment law, the music business, publishing, recording, movies, tv, books, art, and the internet, intellectual property law, copyrights, trademarks, merchandising, and publicity rights, and business formation, contracts, real property, trusts and estates. My mediation practice is broader and includes all kinds of disputes. I am a Settlement Confer-ence Panelist for the Marin County Superior Court, and the 2014 Chair Elect for the MCBA - ADR Section.
How did you decide to become a lawyer?
As a student, I often found myself advocating on behalf of someone or some ideal. Sexism and racism were more prevalent in school back then. In high school, I determined to go to law school, to become an attorney. I started taking classes at Cal State Northridge, and LA Valley College, graduated at the top of my class, and later earned my JD degree, Magna Cum Laude, as Valedictorian of the class of 1979 at Whittier College School of Law.
Why do you live in Marin, or is that obvious? After the Bar Exam, my husband and I took time off to travel around the USA, to over 40 states, and to England, and Israel, where we represented our first client, a North American organization, in high level government meetings, became ombudsmen for Ethiopian refugees, worked on a kibbutz and at an archeological dig, before coming back to practice law in San Francisco. We came to Marin on weekends, to hike, bike, and enjoy the weather, and finally decided to move to Marin. When we set up our own law practice, as Green & Green, we decided to stay in Marin. Having traveled much of the continental USA, and to places like Hawaii, Alaska, Canada, China, England, Scotland, and Israel, I am confident that Marin is unique and the best
place to live in this great country of ours. Tell us about your family.
The partners of Green & Green are my husband, Phil and I. Then, there is our son, Ben, apparently he is a “chip off the old blocks”. He’s graduating from UCSB this year, and applying to law school. He’s a lot smarter and more talented than we are, so watch out!
If you had to pick highlights of your cool career, what would it be?
Some things that I think of as highlights are things I did for or with the community, like negotiating with the San Francisco Department of Parks & Rec to bring rock and roll concerts back into Golden Gate Park, or working with our then client Bill Graham, and the Grateful Dead, and other great musicians, to put together the first big Bay Area Con -cert against AIDS. Other highlights for me include working with Pixar and Disney on “Toy Story”, and having been able to meet and speak face to face with interesting people like Danny Glover, Pat Paulsen, Lily Tomlin, or Grace Slick, having represented bands like the Jefferson Starship – and being in one of their music videos, the Doobie Brothers, Huey Lewis & the News, and Big Brother & the Holding Co., attending the Grammys as an insider, and attending a Whitney Houston event at the Grammy Museum in LA with Narada Michael Walden.
What was the strangest experience in your career? I’ve had lots of strange ones! Strange, but in a good way, was being able to meet and help with people and music I had admired as a kid, working with the Jefferson Starship, the Doobie Brothers, and Big Brother & the
Resolution Remedies
is proud to welcome
Resolution Remedies www.resrem.com (415) 258-0900Damon Connolly
to our distinguished
Professional Panel of
retired judges and
prominent attorneys.
Damon Connolly specializes in complex commercial litigation emphasizing business, consumer, antitrust, insurance and employment law. With twenty years of legal experience gained in both the public and private sectors, he has forged a strong background in avariety of matters. We greatly look forward to Damon’s contributions to the Professional Panel here at ResRem.
MARIN COUNTy JURy
VERDICTs
Plaintiff(s): Guido Tevini and Geraldine Tevini Defendant(s): John D. Heisler
Case Number: CIV 1004581 Insurance Carrier: AAA Plaintiff Attorney: Edward J. LaBarre, Sausalito, (415) 246-6153 and Catherine Lagarde, Kentfield, (415) 331-3284
Defendant Attorney: Thomas J. Feeney, MacMorris & Carbone, Oakland, (510) 267-7273
Plaintiff Doctors: Robert Byers, M.D., spine surgeon, Mt. Tam Orthopedic Spine Center, Larkspur; Susan T. Green, D.C., San Francisco, CA, 94122, 415-661-0608;
Defendant Doctors: Michael Starr, M.D., orthopedic medi-cine, Santa Rosa; Robert Schick, radiologist, Walnut Creek. Plaintiff Experts: Kinzo Kajima, Japan Auto, San Rafael, mechanic
Defendant Experts: Kirsten White, bio-mechanics, Talus Engineering, Hayward.
Judge: Lynn Duryee
Date of Incident: March 30, 2009
Type of Action: Automobile/personal injury.
Location of Accident/Incident: Arthur Street at Indian Valley Rd., Novato
Plaintiff: Age: Guido Tevini b. 1967 Occupation: Cabinet Maker
Residence: Novato
Facts of Case: Per plaintiff, defendant pressed on gas pedal instead of brake and hit Plaintiff Guido’s stopped car twice, causing back injury to Guido. Geraldine claimed loss of consortium.
Contentions as to Liability: Per plaintiff, liability was admitted.
Length of Jury Trial: 4 days Jury Deliberated: 3 hours
Plaintiff Attorney asked the Jury to Award: No specific amount
Defendant Attorney asked the Jury to Award: None to minimal
Injuries/Damages: Persistent back pain and loss of ability to continue cabinet making business, and $800 property damage.
Specials/Damages: approximately $12,000 medical ex-penses and approximately $100,000 lost income.
Settlement Talks: Per plaintiff, demand was $80,000 Per plaintiff, offer was $5,000 to Guido and $500 to Ger-aldine
Result: Non-economic – $0; Lost income – $300; Medical expenses – $6,542.69
Court determined property damage pursuant to agreement of parties and awarded $500 after jury verdict.
Poll Result: 9-3 (per plaintiff, three jurors would have awarded more in damages)
Verdict Date: 9/13/12
The Marin County Bar Association and the San Francisco La Raza Lawyers Association cordially invite you to the Induction Ceremony of
The Honorable Mark A. Talamantes
Superior Court, County of MarinThursday the fourth of April 2013
5:30 p.m.
Marin County Showcase Theater Avenue of the Flags San Rafael, California Reception following the ceremony
RSVP by March 28th to: jsalas@marinbar.org
marin County Bar Association
SANFRANCISCO LARAZALAWYERS ASSOCIATION
The Marin County Bar Association and
the San Francisco La Raza Lawyers Association cordially invite you to the Induction Ceremony of
The Honorable Mark A. Talamantes
Superior Court, County of MarinThursday the fourth of April 2013
5:30 p.m.
Marin County Showcase Theater Avenue of the Flags San Rafael, California Reception following the ceremony
RSVP by March 28th to: jsalas@marinbar.org
marin County Bar Association
SANFRANCISCO LARAZALAWYERS ASSOCIATION
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sPOTLIGHT ON A COMMUNITy
NON-PROfIT ORGANIzATION:
By David I. Brown
I recently had the pleasure of speaking with Tom Wil-son, Executive Director of Canal Alliance in San Rafael. The mission of the Canal Alliance is to help low income Spanish speaking immigrants acquire the tools they need to thrive. Mr. Wilson has been Executive Director of the Canal Alliance for twenty one years (the organization has existed in some form for thirty one years).
Mr. Wilson says that the organization believes that if people get education and other tools to thrive, this will bring political justice to the community by empowering people to make change in their community and the country.
Canal Alliance provides services to residents in three areas. The education component runs an after school youth program, which tutors struggling students and is aimed at college graduation. The Alliance also provides immigration assistance by helping clients to navigate the complicated process of acquiring authorization to work, becoming a permanent resident and ultimately becoming citizens. They instruct 1200 adult students a year in English as a Second Language. Many of these students show up at Pickleweed Park at eight in the evening after working all day.
The “economic stability” component of the Alliance helps people to find jobs, start businesses, and file taxes. Last year the Canal Alliance helped to prepare 600 income tax returns, which yielded $500,000 in tax returns. They also offer computer classes, and help individuals create workable business plans for a variety of small businesses, including retail, hauling, and landscaping.
The “family stability” services are based on a case management model, and focus on families that want to move forward in a variety of ways. They offer support groups for women and men. They help victims of domes-tic violence apply for visas, and offer domesdomes-tic violence treatment groups for men. There is also a mental health professional on staff. The Canal Alliance has a community garden with 92 plots, which also provides an opportunity for teaching nutrition, and for community organizing. The Canal Alliance is the largest distributor of emergency food in the County of Marin, distributing 10-15 tons of food weekly from the Marin and San Francisco Community Food Banks.
The Canal Alliance is funded by foundation donations, as well as $600,000 a year in individual donations, and by a modest County contract to support health and human service programs. This is an organization that does a lot with a little, notwithstanding cutbacks that have affected all nonprofits recently.
If readers wish to volunteer, the Canal Alliance is especially in need of employment law/human resources professionals, and much of this can be done from your own computer. Also a wide range of other talents are needed. If you wish to donate to the Canal Alliance or for more information, go to their website at www. canalalliance.org.
MARIN COUNTY WOMEN LAWYERS
presents MCWL member
EILEEN BARKER
Commercial and Divorce Mediator
She has taught mediation, negotiation and conflict resolution at UC Berkeley School of Law, UC Hastings College of Law, Sonoma State University, John
F. Kennedy Jr. University and Werner Institute, Creighton University.
THE ETHICS OF FORGIVENESS
What Every Lawyer and Mediator Should Know
Tuesday, March 19, 2013
Jason's Restaurant, 300 Drakes View Circle, Greenbrae 12:00 - 1:00, Registration at 11:30 • $30.00 (includes lunch)
1 Hr MCLE Ethics Credit
(Continued on page 11.) (General Membership, continued from page 1.)
Honorable Mention was earned by the following attorneys who provided valuable assistance to Legal Aid of Marin and or contributed 20-49 hours in 2012: Gordon Atkinson, Matthew Briggs, Michael Caldwell, Timothy Chambers, Robert Elam, Jay Framson, Robert Harrison, David Hellman, Jessica Shavers, Christina Sherman, War-ren Webster, Joseph Wilson and Natasha Zaslove.
We would like to extend special recognition to the law firms of Hanson Bridgett, Keegin Harrison Schoppert Smith & Karner, Manatt Phelps & Phillips, Morrison & Foerster and Schnader Harrison Segal & Lewis for their continued pro bono support. Recognition is also due the law firms of Cooley Godward and Fenwick & West for pro bono services and working with law students through The Justice Bus and other clinics. Pieter Bogaards and Colleen Shaw will speak regarding their pro bono experiences with legal Aid of marin Clients.
Please make your reservations on page 2 and join us on Wednesday, March 27, 2013.
attorneys’ fees and costs, these “prevailing party” attorneys’ fees clauses are rarely tested. But what about that small per-centage of cases that, for whatever reason, don’t get settled and end up either being tried or are otherwise resolved by judgment? What does a party have to do to ensure that the “prevailing party” attorneys’ fees clause will be enforced? A recent California Court of Appeal decision, arising out of the real estate industry, gives some guidance.
In Cullen v. Corwin (June 7, 2012) 142 Cal.Rptr.3rd 419, a real estate non-disclosure case, the defendant sellers suc-cessfully moved for summary judgment on statute of limita-tions grounds, and were thereafter awarded their attorneys’ fees and costs based on a prevailing party attorney’s fees clause contained in the then-applicable standard form Cali-fornia Association of Realtors (“CAR”) Residential Purchase Agreement (“RPA”). The RPA also at that time provided: “If, for any dispute…to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.” Although the plaintiffs had filed their Complaint without first attempting to resolve the dispute through mediation, the Court of Ap-peal nevertheless found that the defendant was not entitled to recover its attorneys’ fees and reversed the fee award.
The Court reached this result because, while the matter was in litigation and apparently before significant discovery had been undertaken, the plaintiffs twice requested mediation but the defendant rejected the requests – i.e., the defendants “refuse[d] to mediate after a request has been made,” and was therefore barred by the RPA from recovering its fees. The Court further rejected the defendants’ explanation for the refusal, which was that they wanted responses to their written discovery and certain depositions so that they could file a summary judgment motion, and that without the discovery responses and motion the mediation would be a
“waste of time.” (Cullen, at 422.) Quoting from Lange v. Schilling (2008) 163 Cal.App.4th 1412, 1418, an earlier case that dealt with the same RPA language, the Court said that the subject paragraph “is designed to encourage mediation at the earliest possible time,” that the defendants were “not entitled to postpone it until they feel that they have marshaled the strongest possible support for their positions in litigation and mediation,” and that “there is a strong public policy in the promotion of mediation as a preferable alternative to judicial proceedings in a less expensive and more expeditious forum.” (Id., at 423; emphasis in original; internal quotation marks deleted.) In other words, when a request for mediation is made, under the language in the subject RPA, the opposing party cannot reject mediation on the basis that more litigation is necessary before the mediation can be “meaningful,” and still recover its attorneys’ fees should the matter proceed to judgment, nor can the opposing party reject it on the basis that no pre-litigation request for mediation was made.1
That then begs the question, how soon after a request for mediation is made must the opposing party accept the request in order to preserve its right to prevailing party at-torney fees? That question was somewhat answered in Frei v. Davey (2004) 124 Cal.App.4th 1506, which dealt with the same RPA language as was involved in Cullen and Lange (and was apparently the first published case to do so). There, the court held that the party to whom the mediation request is made must respond “within a reasonable time” (Frei at 1516), and that the 2-month period that elapsed in that case between the time the request was made and the final deadline for agreeing to mediation was a reasonable time. Further, the court also held that the prevailing party’s failure to accept the original mediation request could not be cured by the fact that the parties did in fact mediate (unsuccessfully) shortly before the initial trial date; rather, the contractual language was “all or nothing” (Frei at 1517), meaning that the initial failure to agree to mediation within a reasonable time forever barred the prevailing party from recovering any of its attorney’s fees, even if that party later agreed to mediate.
What are the take-away messages from the above? 1. It’s a good idea to include mediation clauses in contracts, tied to prevailing party attorney’s fees clauses.
No matter what the setting, whether it’s real estate, construction, manufacturing, franchise, partnership, or otherwise, whenever the parties’ relationship arises out of a contract, it’s a good idea to include a mediation clause. Although it is of course true that if a dispute arises the parties
1 In Cullen, the plaintiffs essentially got two bites at the apple to prevent
the prevailing defendants from recovering their attorneys’ fees – one by
requesting mediation before litigation (which plaintiffs did not do), and the
second by requesting mediation during litigation (which plaintiffs did do).
That situation was addressed in the April 2010 revision of the RPA, which now reads: “If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter
through mediation, or (ii) before commencement of an action, refuses to
mediate after a request has been made, then that party shall not be entitled
to recover attorney fees.” (Emphasis added.) Notably, as of the latest revi
-sion date (November 2011), Paragraph 20.A. of the CAR form Residential Listing Agreement (i.e., the contract between a seller and the seller’s listing
agent) still reads like the earlier version of the CAR form Residential Pur
-chase Agreement.
MARIN COUNTy BAR sTANDING COMMITTEEs AND sECTIONs 2013
BYLAWS COMMITTEE
NAME TERM TELEPHONE E-MAIL
Chair Eric Sternberger 2013 (415) 453-9433 eric@rflawllp.com
Board Liaison Jessica Karner 2015 (415) 456-4000 jkarner@keeginharrison.com Nicole Cabalette 2014 (415) 456-4000 ncabalette@keeginharrison.com Terry Mason 2015 (415) 454-9880 tmason@rmm-law.com
Vic Obninsky 2015 (707) 935-7442 vpobninsky@comcast.net Chris Sheron 2013 (415) 898-3200 chris@sheronlaw.com
BENCH-BAR & ADMINISTRATION OF JUSTICE
NAME TERM TELEPHONE E-MAIL Chair Matt White 2013 (415) 453-1010 mwhite@montywhitelaw.com Board Liaison Jessica Karner 2013 (415) 456-4000 jkarner@keeginharrison.comDavid Brown 2013 (415) 473-6321 dbrown@marincounty.org
Dave Feingold 2013 (415) 453-9433 dfeingold@rflawllp.com
Andy Perez 2013 (415) 473-6450 aperez@marincounty.org Terry Mason 2013 (415) 454-9880 tmason@rmm-law.com Kate Rockas 2015 (415) 485-2200 krockas@mlplaw.com
Jeff Schoppert 2014 (415) 456-4000 jschoppert@keeeginharrison.com
CLE COMMITTEE
NAME TERM TELEPHONE E-MAIL Chair & Elizabeth Brekhus 2013 (415) 461-1001 elizabethb@brekhus.com
Board Liaison
Sara Allman 2013 (415) 461-2700 all-niel@comcast.net Rachel Brent 2015 (925) 933-5800 rachel@insuredlaw.com Kris Cirby 2013 (415) 492-9230 kcirby@faclc.org Phil Green 2014 (415) 457-8300 phil@greenandgreen.com Michael Lopez 2013 (415) 755-2625 mlopez@epsteinlawyer.com Andrew McDevitt 2013 (415) 981-7210 amcdevitt@walkuplaw.com Jessica Pliner 2014 (415) 278-9400 jpliner@psalaw.net
Dorothy Proudfoot 2014 (415) 473-6450 dproudfoot@marincounty.org
CLIENT RELATIONS COMMITTEE
NAME TERM TELEPHONE E-MAIL Chair Vic Obninsky 2013 (707) 935-7422 vpobninsky@comcast.net
Board Liaison Michael Fish 2015 (415) 382-0100 mfish@majlaw.com
Judith Austin Brown 2015 (415) 507-1400 judith@jabrownlaw.com Jim Cohen 2015 (415) 888-2708 james_cohen@sbcglobal.net Monty Georgeson 2015 (415) 455-0262 monty@baylaw.us Don Lesser 2015 (415) 453-7600 dlesser@lessergroup.com Jill Sperber 2013 (415) 381-0447 jillsperber@yahoo.com
ETHICS
NAME TERM TELEPHONE E-MAIL
Chair & Francine Ward 2013 (415) 389-0975 info@fwardattorney.com Board Liaison
Christina Angell 2013 (415) 981-9511 christina@angelllaw.com Andy Bartlett 2015 (415) 606-7907 ab@law191.org John Feeney 2014 (415) 788-1900 jfeeney@mpbf.com Don Lesser 2015 (415) 453-7600 dlesser@lessergroup.com
Travis Neal 2013 (415) 456-4000 tneal@keeginharrison.com Andy Perez 2014 (415) 473-6450 aperez@marincounty.org
JUDICIAL EVALUATION COMMITTEE
NAME TERM TELEPHONE E-MAIL
Chair & Jessica Karner 2013 (415) 456-4000 jkarner@keeginharrison.com Board Liaison
Otis Bruce 2014 (415) 473-6450 obruce@marincounty.org Joel Gumbiner 2014 (415) 695-2993 joel@insuredlaw.com Ayanna Jenkins-Toney 2013 (415) 464-4974 AyannaJ@msn.com
Patricia Medina 2014 (415) 461-2311 Pmedina@collinslawcorp.com Jennifer Schwartz 2015 (415) 460-2888 jenniferschwartz@sbcglobal.net
Larry Strick 2013 (415) 721-1200 lstrick@stricklaw.com
Jose Varela 2013 (415) 473-6321 jvarela@marincounty.org
LAWYER REFERRAL SERVICE COMMITTEE
NAME TERM TELEPHONE E-MAIL
Co-Chair Richard Helzberg 2013 (415) 924-8870 richard@helzberglaw.com Co-Chair Marlene Getchell 2013 (415) 457-8830 mgetchell@mlplaw.com
Board Liaison Randy Wallace 2013 (415) 456-8400 jrw@jrwallacelaw.com Clyde Charlton 2014 (415) 485-2200 clyde@charlton-law.com Francis Doherty 2013 (415) 455-0260 francis@baylaw.us Steven Duditch 2013 (415) 456-3422 steve@duditchlaw.com Robynn Gaspar 2014 (415) 499-1314 rgaspar@marinbar.org Brian Kram 2013 (415) 507-0707 bkramlaw@pacbell.net Tim Nardell 2013 (415) 485-2200 tim@jtnlaw.com
Barrett Schaefer 2014 (415) 472-7880 barrettschaefer@sbcglobal.net
LEGISLATION COMMITTEE
NAME TERM TELEPHONE E-MAIL Chair Ken Drexler 2013 (415) 485-1330 kdrexler@svn.net
Board Liaison Beverly Green 2015 (415) 459-2000 bev@entertainmentlegal.com Otis Bruce, Jr 2014 (415) 473-6450 obruce@marincounty.org
Bob Diskint 2014 (415) 925-1000 robertdiskint@yahoo.com Jessica Jackson 2015 (415) 348-3800 jjackson@hcrc.ca.gov
Michael Lopez 2015 (415) 755-2625 mlopez@epsteinlawyer.com
LIBRARY COMMITTEE
NAME TERM TELEPHONE E-MAIL
Chair Delos Putz 2013 (415) 488-4123 putzd@usfca.edu Board Liaison Elizabeth Brekhus 2013 (415) 461-1001 elizabethb@brekhus.com
Bill Saul 2015 (415) 453-2000 wesaul@saullawfirm.com
Steven Schoonover 2013 (415) 456-3036 ajaxlaw@comcast.net Avner Sofer 2014 (415) 492-2834 avner@soferlaw.com Debra Whitehouse 2015 (415) 785-1150 debrawkemp@comcast.net
Karen Worth 2014 (415) 454-8790 kworth@karenworthlaw.com
MCBA LEGAL EDUCATION SCHOLARSHIP FUND
NAME TERM TELEPHONE E-MAIL Chair Otis Bruce, Jr 2013 (415) 473-6450 obruce@marincounty.orgBoard Liaison David Brown 2013 (415) 473-6321 dbrown@marincounty.org
Elizabeth Brekhus 2014 (415) 461-1001 elizabethb@brekhus.com Charlie Dresow 2013 (415) 300-7753 cdresow@gmail.com Jessica Karner 2013 (415) 456-4000 jkarner@keeginharrison.com Scott Rogers 2013 (415) 967-1598 srogers@rutan.com
Eric Sternberger 2013 (415) 453-9433 eric@rflawllp.com
MEMBERSHIP and MEMBERSHIP BENEFITS
NAME TERM TELEPHONE E-MAILChair & Randy Wallace 2013 (415) 456-8400 jrw@jrwallacelaw.com Board Liaison
Lisa Spann Maslow 2015 (415) 380-9470 lisa@maslowlaw.com Lynn Perry 2014 (415) 524-8683 lperry@perryip.com Jessica Pliner 2014 (415) 278-9400 pliner@psalaw.net
PRO BONO
NAME TERM TELEPHONE E-MAIL Chair Colleen Shaw 2013 (415) 323-8066 colleenshaw9@gmail.com Board Liaison Paul Cohen 2014 (415) 492-0230 pcohen@legalaidmarin.org
Jessica Karner 2013 (415) 456-4000 jkarner@keeginharrison.com Lisa Spann Maslow 2015 (415) 380-9470 lisa@maslowlaw.com
Thomas Weathers 2015 (415) 453-0555 tweathers@vandelaw.com
PROGRAM
NAME TERM TELEPHONE E-MAIL Co-Chair & Larry Strick 2013 (415) 721-1200 lstrick@stricklaw.com Board Liaison
Andy Bartlett 2015 (415) 606-7907 ab@law191.org
Damon Connolly 2015 (415) 256-1200 damon@damonconnollylaw.com Beverly Green 2015 (415) 459-2000 bev@entertainmentlegal.com
Len Rifkind 2013 (415) 785-7988 len@rifkindlawgroup.com
PUBLIC OUTREACH
NAME TERM TELEPHONE E-MAIL Co-Chair & Charlie Dresow 2013 (415) 300-7753 cdresow@gmail.com
Board Liaison
Co-Chair & Dorothy Proudfoot 2013 (415) 473-6450 dproudfoot@marincounty.org Board Liaison
Jasmine Davaloo 2014 (415) 671-5353 jdavaloo@davaloolaw.com
Lou Franecke 2014 (415) 457-7040 louis.franecke@gte.net Jessica Jackson 2015 (415) 348-3800 jjackson@hcrc.ca.gov Shelia Lichtblau 2013 (415) 473-6117 slichtblau@marincounty.org
Lisa Spann Maslow 2013 (415) 380-9470 lisa@maslowlaw.com Patricia Medina 2014 (415) 461-2311 Pmedina@collinslawcorp.com Travis Neal 2014 (415) 456-4000 tneal@keeginharrison.com
Pedro Oliveros 2013 (415) 473-6321 poliveros@marincounty.org
SECTIONS
NAME TERM TELEPHONE E-MAIL ADR
Chair Gordon McAuley 2013 (415) 686-5508 gdmcauley@aol.com
Secretary Mary McLain 2013 (415) 847-8266 mclain.mediator@gmail.com Treasurer Travis Neal 2013 (415) 456-4000 tneal@keeginharrison.com BARRISTERS
Chair Jessica Pliner 2013 (415) 278-9400 jpliner@psalaw.net BUSINESS
Co-Chair Nicole Cabalette 2013 (415) 456-4000 NCabalette@keeginharrison.com Co-Chair John Corcoran 2013 (415) 935-1285 jcorcoran@johncorcoranlaw.com CONSTRUCTION LAW
Co-Chair Barbara Monty 2013 (415) 453-1010 bmonty@montywhitelaw.com
Co-Chair David Feingold 2013 (415) 453-9433 dfeingold@rflawllp.com
CRIMINAL LAW
Chair David Brown 2013 (415) 473-6321 dbrown@marincounty.org DIVERSITY
Chair Otis Bruce, Jr 2013 (415) 473-6450 obruce@marincounty.org EMPLOYMENT/LABOR LAW
Chair Sarah Leger 2013 (415) 453-9433 sleger@rflawllp.com
FAMILY LAW
Co-Chair Kris Cirby 2013 (415) 492-9230 kcirby@faclc.org
Co-Chair Richard Helzberg 2013 (415) 924-8870 richard@helzberglaw.com INTELLECTUAL PROPERTY
Co-Chair Steve Nielsen 2013 (415) 461-2700 steve@nielsenpatents.com Co-Chair Philip Green 2013 (415) 457-8300 phil@greenandgreen.com PROBATE & ESTATE PLANNING
Co-Chair Amir Sarreshtehdary 2013 (415) 898-1555 asarreshtehdary@braytonlaw.com
Co-Chair Stacy Turner 2013 (415) 310-2512 sltlawoffices@aol.com
REAL PROPERTY
Co-Chair Tim Galusha 2013 (415) 448-5000 tgalusha@twsglaw.com
Co-Chair Joshua Scheer 2013 (415) 491-8900 jscheer@scheerlawgroup.com TAx
may always agree to mediation regardless of whether they’re contractually obligated to or not, a contractual requirement makes it that much more likely that mediation will actually occur, since neither side has to be concerned about “losing face” by suggesting it. And although it can also be argued that parties who are contractually obliged to mediate are more likely to just “go through the motions” and not give mediation the same effort as they would if they were not “obliged” to do so, in my experience there is no difference in the effort given to resolution between those mediations that are contractually required and those that aren’t.
It’s also a good idea, if your contract includes a prevail-ing party attorney’s fees clause, to condition the right to those fees upon the parties’ first having attempted to resolve the dispute through mediation. Otherwise, there is no real sanc-tion for a party who rejects a contractual request for mediasanc-tion (other than the increased litigation costs and potential expo-sure to the other side’s prevailing party attorney fees which could be avoided if the dispute is resolved at mediation).
2. Make sure your prevailing party attorney’s fees and mediation clauses are carefully written.
As seen in the Cullen, Lange, and Frei cases, how a contract is written with respect to mediation and prevailing party attorney’s fees can determine whether a prevailing party can recover its attorneys’ fees – and since sometimes the attorneys’ fees incurred through trial outstrip the amount of the underlying claim, there can be a lot at stake. Don’t accept “boilerplate” language simply because that’s the way it’s always been done before, or just because that’s what happens to be contained in a printed form that is presented to you or your client to sign. And think carefully about whether you want to use the “all or nothing” approach ex-emplified by the CAR form Agreement mentioned above, which prevents a party from recovering any attorneys’ fees if it rejects a pre-litigation mediation request, but allows recovery of fees if the party rejects a mediation request after commencement of an action. Because mediation can usu-ally resolve disputes at any stage of the litigation process and is therefore to be encouraged at all stages, and because a successful mediation at any stage will result in removing the uncertainty of outcome and the saving of those expenses that would otherwise be incurred post-mediation, a more flexible approach might be to permit a prevailing party who rejects a mediation request at any stage of the litigation to recover only those attorneys’ fees incurred before rejection of the first request for mediation by the other side.
3. If a dispute arises out of a contract with a prevail-ing party attorney’s fees clause that is conditioned upon attempting to resolve the dispute through mediation before commencing an action, request mediation at the earliest possible time, before filing a lawsuit.
It has been clear for some time that California courts strongly encourage mediation, and that contractual pre-litigation mediation requirements that are tied to recovery of prevailing party attorney’s fees will be strictly enforced. This certainly applies to all real estate disputes that are subject to the CAR form Agreement mentioned above. If you have a dispute arising out of a contract that contains this language,
you must first attempt to resolve the dispute through mediation before filing an action. This in turn means that you should also do so soon enough after the dispute arises that the statute of limitations will not be an issue. (And if an impending statute of limitations might be an issue, it is good practice to couple a request for mediation with a proposed tolling agreement, giving the parties enough time to try to resolve the matter without the necessity of having to resort to the courts.) And remember the message from the Lange case – it is no excuse for serving a mediation request that you weren’t able to locate the other side before filing, since you would in any event have to locate them in order to serve a Complaint.
4. When requesting mediation, give the other side a “reasonable” time to respond.
The take-away message from Frei is that you must give the other side a “reasonable” timeframe within which to accept a request for mediation before the other side’s failure to timely respond might be considered a rejection of the request, such that the other side would forfeit its right to prevailing party attorney fees even if it ultimately wins at trial. While what is a “reasonable” timeframe may vary from case to case depending upon the circumstances, we know from Cullen that the court will not consider the responding party’s perceived “need” for formal discovery as a reason to defer acceptance of the mediation request.
5. If you receive a contractual request for mediation, agree to it.
It probably goes without saying that, if your dispute arises out of a contract that includes a mediation requirement, and you receive a request for mediation, agree to it. That is of course especially true if mediation is a contractual precondi-tion to the recovery of prevailing party attorney’s fees. If the mediation request is received before a formal action has been commenced, and no information has yet been exchanged, there is no reason why the parties can’t agree to an informal information exchange in advance of mediation if that would be helpful in maximizing the potential for resolution. If the parties, or attorneys, for whatever reason run into problems with an informal information exchange, a mediator can add value to the process by assisting the parties in that informa-tion exchange. And keep in mind the lesson from Cullen: If your dispute arises out of a contract with a mutual mediation requirement tied to prevailing party attorney’s fees, and if the contractual language is similar to that in Cullen (i.e., where the requirement to agree to a mediation request isn’t limited to pre-litigation requests), you must agree to the mediation request regardless of when it is made in the process, in order to be able to recover prevailing party attorney’s fees.
Phil Diamond is a mediator and arbitrator in all areas of civil litigation. After graduating from the University of Califor-nia, Berkeley, in 1971, and the University of CaliforCalifor-nia, Berkeley, School of Law (Boalt Hall) in 1974, he practiced civil litigation in a wide range of areas, on behalf of both plaintiffs and defen-dants, before becoming a Mediator in 2004. With offices in San Rafael, Phil handles matters throughout the state of California. For additional information, please visit Phil’s website: www. diamonddisputeresolution.com. He may be reached at (415) 492-4500, or by email at phil@diamonddisputeresolution.com. (Don’t Want to Mediate?, continued from page 6.)
(President’s Message, continued from page 2.)
(Continued on page 13.) (Ethics, continued from page 5.)
(Spotlight, continued from page 3.) County Bar fee arbitration program and is responsible for
quali-fying, and ensuring the training of, the panel of fee arbitrators. The Program committee is responsible for the General Membership lunches and speakers and helps organize the various events put on by the MCBA during the year.
The Public Outreach Committee has sponsored and presented our “Teens and the Law” program for the past several years and will do so again this year. That program educates teens and their parents on a host of legal issues from substance abuse, to bullying, to sexual crimes to social host ordinances. The Committee will expand its public outreach programs this year.
The Library Committee will be active in 2013 in sup-porting the move and re-organization of the Marin County Law Library.
The newly formed Pro Bono Committee will be cre-ating and publicizing opportunities for members to give their time and talents to Marin County citizens in need who cannot afford to pay for legal services.
Our Legal Education Scholarship Committee works with 10,000 Degrees to review applications and provide input on the selection of the Marin County students who receive annual scholarships to attend law school.
In addition to our standing committees, there are sev-eral ad hoc committees and task forces. Those are created as needs arise to work on specific projects. At present, the Social Medial Committee is looking at how the MCBA might make effective use of various social media platforms to better serve members and the community. In an ever changing online and mobile world, the MCBA Board, through this Social Media Committee, expects that more and more members and county residents will be interacting with the Bar Association online. Another newly appointed task force is working with the Lawyer Referral Service Committee to improve the long standing Lawyer Referral Service to make it more effective for members who serve as panelists and for LRS clients and prospective clients.
Most members are familiar with the Sections and a substantial number of members belong to one or more of them. This year, the Sections expect to continue to provide legal education opportunities and informative speakers at Section lunches throughout the year as they always have. There will also be a continuation of Inter-Section pro-grams and mixers this year that will provide members of the different sections a chance to meet, interact, learn and network with each other. A large mixer for all Sections is presently being planned for June. Date and details to be announced shortly.
If you are interested in becoming more involved with the Bar Association, or if you have been wondering how you can meet and connect with other members in a mean-ingful way, consider volunteering for a committee or task force. There will be an opportunity that fits your time, tal -ent and interest. Just let Robynn Gaspar, a Board member or me know that you are interested. You not only help improve the Bar Association experience for your fellow members and the community, it is virtually guaranteed that you get more than you give from the experience.
Holding Company, or getting back music publishing and negotiating agreements for the estate of Vince Guaraldi, or getting masters back for Jesse Colin Young, or getting to know and represent Merl Saunders, or being at Jerry Garcia’s 50th birthday party backstage at a Jerry Garcia Band concert, have all been strange but great experiences. Becoming involved in closure of the then longest running case in California, brought against the Jefferson Airplane by their first manager, which I had studied in law school, was also strange.
How did you get involved in the entertainment industry? Are you a musician yourself?
I was always drawn to music and entertainment. I tried to learn guitar when I was young. I was not good at it, but I did learn to play a banjo as an adult. I wondered how I could help creative people with the skills that I had. One story is that I saw a band setting up to play on the sidewalk on a busy street. A crowd was gathering, and it looked like fun. The police arrived and told them to break it up. I don’t remember what I said, but I was able to ne-gotiate to let the band play a couple of songs, to avoid the chaos of breaking up an angry crowd.
When I got to know some people in the music business, I could see that creative people are often really very nice, and can be very vulnerable and need help in business and protecting their rights. It’s a tough business that often pits the little guy against the big company. I decided to focus on areas that concern creative talent in law school, including courses on Entertainment and Copyright Law. I had a law professor who was big in the entertainment industry in LA. He was President of the Beverly Hills Copyright Society, and had good war stories and lessons from working with people like Bing Crosby, Peggy Lee, and the Beach Boys. He encouraged me to pursue a career in entertainment law, and helped by giving me a letter of recommendation for my first job in entertainment law in San Francisco. When we started Green & Green in 1985, he also helped out by being “of counsel”. Also, it turned out that one of my uncle’s best friends was best friends with Chet Helms, founder of Fam-ily Dog Productions, the Avalon Ballroom, and the famous Rock and Roll Posters. He also managed Big Brother & the Holding Company, and brought Janis Joplin out from Texas to join the band. Chet was always fair, honest, and broke. I wanted to help people like him, and represented him for many years. Staying in the entertainment industry is tough; it’s a small world, and money is tight, but I’m always doing something new and interesting, and I love what I do.
What is it like practicing law with your husband Phil? That’s a tough one. The pros include having a reliable partner who, hopefully, really understands and cares about you and your practice, and is accessible at all times – also a con, though, if you want to get away from talking about work all the time! We got married just before starting law school - at different schools, which might have helped, and frankly, I didn’t see how anyone who was married to someone not also law student could make it through law
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CALENDAR Of EVENTs DETAILs
March 5, 2013
Labor & Employment Section Meeting
Annual Employment Law Update by Mark Delgado of Fitzgerald Abbott & Beardsley LLP.
Location: MCBA 3rd Floor Conference Room, 101 Lucas Valley Rd, San Rafael
1 Hour CLE Contact: Kathy Vargas (kvargas@rflawllp. com) 415-453-9433
12 - 1:30 pm
Real Property Section Meeting Annual Update 2013
Moderator: Derek Weller
Location: Piatti Restaurant, Mill Valley 2 Hours CLE Contact: Victoria Setting (Victoria@twsglaw.com) 415-448-5000 12 – 2 pm
March 14, 2013
Construction Roundtable
“Hot Topics” in Construction Defect Litigation Speakers: Phil Jaret, Kate Warner and Sarah Burke Attorneys and Mediator
Location: Resolution Remedies
1 Hour CLE Contact: bmonty@montywhitelaw.com 12 – 1:30 pm
March 20, 2013 ADR Section Meeting
Topic: How Attorneys Think and Feel Speaker: Randall Kiser, Esq.
Location: McInnis Club Restaurant
1 Hour CLE Contact: Mary McLain mclain.mediator@ gmail.com -415-847-8266
12 – 1:30 pm
Probate & Estate Section Meeting
Speaker: Stephen J. Sulmeyer, J.D., Ph.D.
Location: Tamalpais Room, The Corporate Center, 750 Lindaro, San Rafael
1 Hour CLE Contact: ASarreshtehdary@braytonlaw.com 12 – 1:30 pm
March 25, 2013
Probate & Estate Mentor Group Location: 802 B Street, San Rafael
RSVP to Michelle Lerman, Michelle@lermanlaw.com 12 – 1:30 pm
March 26, 2013
Intellectual Property Section Meeting Regular Monthly Meeting
Location: Allman & Nielsen, PC
100 Larkspur Landing Circle, Ste 212, Larkspur 1 Hour CLE Contact Information: Steven Nielsen Steve@NielsenPatents.com - 415-461-2700 12 – 1:30 pm
school without their spouse wanting a divorce! We figured that if we could make it through law school together, we could make it as lawyers together. It’s worked, so far. We just celebrated our 37th anniversary, in Hawaii, where I was continuing to test my husband’s patience by scouring the small shops and flea markets for more Hawaiian shirts to add to my collection! There are several great attorney, and bench and bar, couples in Marin!
I’ve noticed that you have an extensive wardrobe of Hawaiian shirts that I’ve come to think of as your signature, what’s the story behind them?
Actually the Hawaiian Shirt, or “Aloha Shirt”, as it’s known in Hawaii, has its own interesting history. When the missionaries tried to force the Hawaiians to wear plain white work shirts, as opposed to no shirts, the Hawaiians, in quiet creative rebellion, dyed and decorated those shirts in their own cultural ways. So, to me, wearing Hawaiian shirts is in the spirit of creativity, religious freedom, and a bit of the rebel. I met a lot of Hawaiian musicians and producers, and now represent some of the very famous. On one of my early trips to Hawaii, we were hosted by a client’s husband, who was very big in real estate. He took us to his office building and gentlemen’s club in Honolulu, and even invited us to ride with him as guests of honor on the fire engine leading the Aloha Days Parade on the Big Island. We learned from him and from visiting his offices, that business people, including attorneys, in Hawaii wear Aloha shirts on Fridays, no matter what. I started doing that, and then decided to make every day an “Aloha Day”! (Spotlight, continued from page 12.)
CHANGE Of sCENE
NEW MEMBERs
Nikolas G. Antovich P O Box 3814 Napa, CA 94558 541-543-6617 ngantovich@gmail.com Habib Bentaleb Campinha Bacote LLP 2 Aronia Lane Novato, CA 94945 415-426-7111 Fax: 415-276-2988 hbentaleb@cambaclaw.com www.cambaclaw.com Michael S. BurkeVogl Meredith Burke LLP 100 Florence Ave Mill Valley, CA 94941 415-398-0200 Fax: 415-398-2820 mburke@vmbllp.com www.vmbllp.com Pouya Gharavi Hanson Bridgett 425 Market St., 26th Fl. San Francisco, CA 94105 646-717-3178 pghavari@gmail.com Thomas D. Roth
Law Offices of Thomas D. Roth One Market, Spear Tower, Suite 3600 San Francisco, CA 94105
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rothlaw1@comcast.net www.rothlaw1.com Alexander J. Wei
Law Offices of Sharon F. Mah 100 Smith Ranch Road, Suite 326 San Rafael, CA 94903
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Marian C. Blakeslee
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Sausalito, CA 94965 415-729-9297
blakesleelaw@sbcglobal.net Jasmine Davaloo
The Law Office of Jasmine Davaloo 1101 Fifth Avenue, Suite 310 San Rafael, CA 94901
415-671-5353 Fax: 415-455-0270 jdavaloo@davaloolaw.com www.davaloolaw.com Sharon F. Mah
Law Offices of Sharon F. Mah 100 Smith Ranch Road, Suite 326 San Rafael, CA 94903 415-454-9680 Fax: 415-742-8176 sharon@mahweilaw.com Colleen Shaw Attorney at Law 769 Center Bl, #21 Fairfax, CA 94930 415-323-8066 Fax: 707-293-9345 collenshaw9@gmail.com www.collenshawatlaw.com Richard Neil Snyder P O Box 989
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THE MARkETPLACE
Anyone wishing to advertise in the Marketplace should send their text ad to MCBA, 101 Lucas Valley Road, Suite 326, San Rafael, CA 94903 with payment of $40 per month, or you may email to: jsalas@marinbar.org . The ad should be no longer than 25 words and paid in advance. For each additional word add $1.
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Deadline for submission of articles,
ads, inserts, and announcements
is the 15th of each month. Thank you.
To involve, encourage, and support
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MIssION sTATEMENT Of THE MARIN
COUNTy BAR AssOCIATION
President OTIS BRUCE, JR President-Elect JESSICA KARNER Secretary ELIZABETH BREKHUS Treasurer JOEL GUMBINER Past President BETH JORDAN
5 Year Past President
LEONARD A. RIFKIND
Executive Director
ROBYNN GASPAR
Client Relations Chair
JUDITH H. B. COHEN Program Chair ELIZABETH BREKHUS Directors 2011 SARA B. ALLMAN PHILIP R. DIAMOND LOUIS S. FRANECKE PEDRO OLIVEROS KATE ROCKAS Directors 2012 RILEY HURD
LISA SPANN MASLOW JESSICA S. PLINER ERIC STERNBERGER J. RANDOLPH WALLACE
Directors 2013
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FIRST CLASS U.S.POSTAGE PAID PERmIT #51 ROhNERT PARk CALIFORNIA DATED MATERIAL
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.
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MCBA Officers
Joel Gumbiner President Elizabeth Brekhus President Elect Randy Wallace Treasurer Lisa Spann Maslow Secretary Jessica Karner Past President Hon. Michael Dufficy (Ret.) 5 Year Past President
Board of Directors
David I. Brown Paul S. Cohen
Philip R. Diamond Charles Dresow Michael J. Fish Louis S. Franecke Beverly R. Green Barbara S. Monty Jessica Stuart Pliner Dorothy Proudfoot
Kate Rockas Scott Rogers
Barrett R. P. Schaefer Lawrence A. Strick Francine D. Ward
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