Newsletter for Aug. 18, 2014 - Sept. 1, 2014

OCBA Joins in Welcoming Class of 2017 at Fowler Law

On Tuesday, Aug. 13, 2014, OCBA Treasurer Todd Friedland helped welcome Chapman University Dale E. Fowler School of Law's incoming class of 2017 as new OCBA Law Student members. Fowler's incoming class of nearly 180 students is one of its largest in recent years. The incoming students hail from over 12 countries and 60 different undergraduate institutions.

Dean Tom Campbell acted as master of ceremonies, introducing the class to the administrators who would help them adjust to the rigors of law school. Friedland spoke to the class about the importance of professionalism and integrity in the practice of law, and about working together during the law school experience. Friedland also informed the students of the many benefits they can avail themselves of as student members of the OCBA including: Access to Mentor-On-Demand videos, receipt of the digital version of Orange County Lawyer magazine, membership in the OCBA’s legal specialty sections, and the ability to attend numerous mixers, community outreach events, and educational programs. Welcome to Orange County, Fowler Class of 2017!

To view photos from the event, please visit our Facebook page.


Say "Cheers!" to Charity with an OCBA Charitable Fund Sponsorship

Sponsorship opportunities remain for Raise Your Glass II: A Wine Tasting & Charity Awards Benefit in support of the OCBA Charitable Fund, a nonprofit foundation raising money for law-related charities in Orange County. Increase your firm's visibility while contributing to a worthy cause! Please Note: The deadline for sponsors to be included in the event program has been extended to Friday, Aug. 29, 2014. Each year, the OCBA Charitable Fund provides resources to organizations and programs in order to enhance the system of justice and promote equal justice for all. Please download the flyer for sponsorship pricing and information, or call 949.440.6700 ext. 127. For more information regarding the event, including the 2014 OCBA Charitable Fund Honorees, please click here.

OCBA Section Elections for Leadership Positions

This fall, for the first time ever, all OCBA Sections will conduct online elections for open leadership positions. Section leadership is of vital importance, given the significance of Sections in continuing education and business networking in particular areas of the law, which is a core focus of our bar. The OCBA bylaws task force worked for over a year gathering input from the Section leaders to recommend a set of model bylaws for all Sections, which the OCBA Board recently approved. As a result, each of the Sections will now have the leadership positions of Chair, Chair-Elect, and Secretary/Treasurer, and will conduct online elections for open positions on a staggered schedule from October through December. The elected leaders will take office in January of the following year and serve a one-year term, with the Chair-Elect and Secretary/Treasurer positions automatically moving up the ladder to the next position at the end of the term. All active attorney members of each Section will be able to nominate and vote for their respective leaders.

The nomination process for ADR and Appellate Law will open on Wednesday, Sept. 3, 2014. To see a schedule of the nominations and election dates for each of the sections, please click here.

Call for Nominations: 2014 Harmon G. Scoville Award
Deadline: Friday, Sept. 5, 2014

The Orange County Bar Association (OCBA) is currently accepting nominations for the 2014 Harmon G. Scoville Award. This prestigious award was established in 1990, in honor of the retiring Appellate Court Presiding Justice Harmon G. Scoville. The nominee must be a member of the Orange County legal community whose career exemplifies the highest standards of the legal profession and who has significantly contributed to the Orange County Bar Association and championed our constitutional system of justice. All nominations must be received no later than Friday, Sept. 5, 2014 at 5:00 p.m. Nominations must be submitted in writing to Dimetria A. Jackson, Awards Committee Chair, P.O. Box 6130, Newport Beach, CA 92658, or faxed to 949.440.6710. You may also email completed nomination forms to Letters of support may also be included. The Scoville award will be presented at the OCBA Volunteer Recognition Reception on Tuesday, Oct. 14, 2014. Please download the nomination form for more information and details on how to submit a nomination.

OCBA Members Clean Up at the Beach

OCBA members and their families spent a summer Saturday giving back to the community by helping to keep our local shores clean at this OCBA Community Outreach Committee activity held in conjunction with the Surfrider Foundation. Hon. Clay Smith served as Honorary Event Co-Chair alongside Event Co-Chairs Doreen Boxer, Alison Gokal, and Adam Johnson. Shirin Forootan and family won the award for most trash collected at 12.1 pounds. All told, OCBA and Surfrider volunteers collected 258.19 pounds of litter and debris. To view additional photos from the event, please visit our Facebook page.

California Lawyer Seeks Nominations for 18th Annual CLAY Awards
Deadline: Monday, Nov. 3, 2014

California Lawyer magazine is now accepting nomiations for the 18th annual CLAY (California Lawyer Attorneys of the Year) Awards. To be eligible, the attorney must be an active member of the State Bar of California whose work was completed or resolved between Nov. 2, 2013 and Nov. 2, 2014. The lawyer’s achievements during this time period should have had a significant impact on the law, the profession, a particular industry, or the general good of the public. For more information, please click here. Should you have any questions about the CLAY Awards, please feel free to contact California Lawyer Managing Editor Karmah Elmusa at

Coming Soon from Orange County Lawyer

  • Celebrating the Pursuit of Justice—Raise a glass to the OCBA Charitable Fund’s Annual Fall Fundraiser, Tuesday, Oct. 2, 2014.
    by Wayne R. Gross
  • A “Seaside” Chat With the Chief Justice—California’s Chief Justice explains the appellate process.
    by Kristin F. Godeke and Lisa R. McCall
  • Lenders, Lawyers, or Usurers: Should Attorney-Assisted Loans Be Exempted From the Usury Laws?—An examination of the purpose and effect of usury laws.
    by Judge Kirk H. Nakamura and Tina Duan
  • A Criminal Waste of Space: Word Power, European Style—Beds agrees to monitor European megabrothel law ... as a public service, of course.
    by Justice William W. Bedsworth
Get all this and more in the September 2014 issue of Orange County Lawyer magazine!

Have an idea that you'd love to see in print? Review our writer guidelines and submit your article for consideration! We're always on the look-out for cutting-edge content relevant to the Orange County legal community. Interested in advertising in an upcoming issue? Please contact Publications & Social Media Manager Lisa Brown at 949.440.6700 ext. 123 or and take advantage of your 15 percent OCBA member discount!

Access Your OCBA Account to Print MCLE Certificates of Attendance

The State Bar sent audit letters to 5,500 attorneys earlier this month to ensure compliance with Minimum Continuing Legal Education (MCLE) requirements (read the notice here). This group represents about 8.5 percent of attorneys in Compliance Group 3, whose MCLE compliance was due Saturday, Feb. 1, 2014. Attorneys are asked to provide certificates of course completion or prove they are statutorily exempt by Thursday, Aug. 21.

Did you attend an OCBA MCLE program? Visit the OCBA website, log in using your username and password, and you will be able to see real-time information regarding your member record. To obtain a copy of a Certificate of Attendance for an OCBA event you attended, simply click "CLE History" for a list of all the educational events you've attended, find the event you need, and select print. For more information or questions regarding your member record, please contact the OCBA Membership Department at 949.440.6700 ext. 384, or

Make an Informed Client Referral with LRIS

When a client’s legal need falls outside of your area of practice, refer them with confidence to the OCBA’s Lawyer Referral & Information Service (LRIS)—Orange County’s finest Referral Network and Non-Profit Community Service for over 55 years. LRIS attorneys have expertise in 35 areas of law. Each call is carefully screened, with each client receiving a free brief consultation to review their legal needs and discuss fees. You can refer your clients to LRIS by phone at 949.440.6747 or for a qualified referral.

Post Your Jobs with the OCBA

Is your firm recruiting new talent? As a service to our members, the OCBA is always happy to post attorney job openings on our website. Simply send your job announcement including details on how to apply to OCBA Publications & Social Media Manager Lisa Brown at Are you an attorney in transition? Click here to browse the latest listings.

Renew &/or Add Areas of Practice to
Your OCBA Membership Directory Listing

Want to increase your visibility within the OCBA online membership directory? Consider adding your areas of practice and/or languages spoken to your profile! Adding a listing enables your fellow OCBA members to search for you by practice area, rather than by name alone—which could lead to increased referrals. Purchase your first listing for $25, and only $10 for each subsequent listing. Remember: Practice Area listings are on a calendar basis, so if you want to keep your membership directory profile up to date, you’ll need to renew any listings purchased in 2013. Click here to get started!

Masters Division

OCBA Masters Division Pacific Symphony Series

Saturday, Aug. 23 & 30, 2014
Verizon Wireless Amphitheater, Irvine

OCBA Master’s Division members are invited to attend Pacific Symphony concerts at reduced rates. Tickets will be available on a first-come, first served basis at a 20 percent discount. The promo code OCBA Masters will secure a 20 percent discounted ticket for the purchaser. Reserve early—Limit four tickets per member. To purchase discounted tickets using the promo code OCBA Masters, please visit or call 714.755.5799. Download the flyer for more information or register online using promo code OCBA Masters.

OCBA Masters Division Fall Reception

Monday, Oct. 6, 2014
Pacific Club, Newport Beach

Hon. David O. Carter, U.S. District Court, Central District of California, and attorney Mark P. Robinson, Jr., Robinson Calcagnie Robinson Shapiro Davis, Inc., will be honored by the OCBA Masters Division as "Legends of the Law" at a special reception set for Monday, Oct. 6, 2014 at the Pacific Club in Newport Beach. Please download the flyer for more information or register online.

The OCBA Masters Division was founded in 2011 to serve the unique abilities, needs, and agenda of practitioners with 25 years or more tenure in the practice of law. The purposes of the Masters Division are to uphold the honor and dignity of the legal profession, apply the knowledge and experience of its members to promote the public good, and cultivate social intercourse among its members. For more information, please click here.

Featured MCLE

Effective & Ethical Marketing to Attract & Retain the Best Clients
Presented by the OCBA Solo Practitioner/Small Firm Section

Wednesday, Sept. 3, 2014
Radisson Hotel, Newport Beach

William J. Brown, Jr., Esq.
Brown Wegner McNamora LLP

Lyo Figueroa, Esq.
Fontes Figueroa Law Group

Kevin Mohr, Esq.
Professor of Law
Western State University

Claudia K. Parker, Esq.
Parker Law Group

Jeffrey M. Verdon, Esq.
Jeffrey M. Verdon Law Group LLP

Experienced attorneys share their marketing strategies and techniques, including ethical responsibilities of marketing and fees.

Download the flyer for more information or register online.

Community Projects & Volunteer Opportunities

OCBA Harvesting Event

Sunday, Sept. 7, 2014
The Incredible Edible Farm at the Great Park, Irvine

The OCBA Community Outreach Committee invites you to participate in the Second Harvest Food Bank of Orange County's Crop Harvesting Event. Children are welcome, so bring the whole family! Harvesting includes planting, picking, and/or weeding the current in-season crop. Bring the family! (children welcome) Space is limited, so sign up early. Download the flyer for more information or register online.

23rd Annual Race for the Cure

Sunday, Sept. 28, 2014
Fashion Island, 700 Newport Center Dr, Newport Beach

Join the Orange County Bar Association and the Orange County Women Lawyers Association “Raising the Bar” Team in its sixth year participating in the Susan G. Komen Race for the Cure. You can run or walk the route, or even sleep in to support the cause! The OCBA/OCWLA Team will participate in the 7:15 a.m. 5k Run/Walk. However, members and their families may register to participate in any of the Run/Walks available. Funds raised support the Komen vision of a world without breast cancer. Download the flyer for more information or click here to register online.

A Walk to End Alzheimer’s

Saturday, Nov. 1, 2014
Intersection of Beach Blvd & PCH, Huntington Beach

The Orange County Bar Association and OCBA Young Lawyers Division Community Outreach Committees invite you to join the fight against Alzheimer’s at the world’s largest nationwide event to raise awareness and funds for Alzheimer’s care, support, and research. Participants of all ages and abilities are encouraged to attend. It’s easy to join our OCBA team. It takes just a few minutes to register online at Pull up the team by searching for “Orange County Bar Association.” The team name does not appear in the team name scroll since we are not a national team, so you must enter it in the search field. For more information please download the flyer.

Pro Bono Opportunity: Bankruptcy Clinics

Volunteer your time at the weekly Chapter 7 Clinics held by the OCBA and the Public Law Center (PLC). For more information, please contact OCBA Public Services Coordinator Dana Mullin at 949.440.6700 ext. 110 or by email at Additionally, PLC is collecting donated reference materials for use by pro bono attorneys at the U.S. Bankruptcy Court in Santa Ana. To make a donation, please contact Leigh Ferrin at 714.541.1010 ext. 290 or by email at

Young Lawyers Division

YLD Angels Game Night 2014

Saturday, Sept. 13, 2014
Angels Stadium, Anaheim
$25 per person (YLD Members and Guests only)

Join the OCBA Young Lawyers Division Sports Committee for Angels Game Night as the Los Angeles Angels of Anaheim take on the Houston Astros. This event is exclusive to YLD members and their guests. Tickets are limited, so order yours early! Download the flyer for more information or register online.

Are You an Attorney in Your First 5 Years of Practice?

Created to meet the needs of Orange County Bar Association members in their first five years of practice, the OCBA Young Lawyers Division (YLD) brings new attorneys together through educational, community outreach, social, and sporting activities. For just $10 in annual dues, you get access to activities designed to help new lawyers adapt to their demanding profession, encourage early involvement in the legal community, and build camaraderie with fellow lawyers. Click here to learn more about YLD or download an application.


OCBA Charitable Fund Fall Fundraiser
Raise Your Glass II

Thursday, Oct. 2, 2014
Big Canyon Country Club, Newport Beach

You won't want to miss this popular wine tasting and charity awards benefit. Attendees will enjoy culinary delights, live entertainment, a live and silent auction, and more as the OCBA Charitable Fund recognizes Rutan & Tucker, LLP as 2014 Law Firm Honoree alongside the 2014 Community Partner Honorees Chapman University, Fowler School of Law, University of California, Irvine School of Law, Western State University College of Law, and Whittier Law School. Proceeds from the event will be used to fund donations to various law-related charities in the Orange County community. Click here to learn more about the OCBA Charitable Fund and its mission. Download the flyer for more information or register online.

Save the Date: 2015 Judges' Night & Annual Meeting

Thursday, Jan. 15, 2015
Irvine Marriott, Irvine

Mark your calendars for this very special evening, which honors the sitting judges of Orange County. Ashleigh Aitken of Aitken Aitken Cohn will be installed as 2015 OCBA President. The OCBA Officers and Board of Directors will be installed by Hon. Lon F. Hurwitz, Orange County Superior Court, as will the OCBA Charitable Fund Board of Directors. A highlight of the evening will be the presentation of the Franklin G. West Award—the highest honor bestowed by the OCBA. Download the flyer for more information.

Upcoming MCLE Programs

Effective & Ethical Marketing to Attract & Retain the Best Clients
Presented by the OCBA Solo Practitioner/Small Firm Law Section Seminar

Wednesday, Sept. 3, 2014
Radisson Hotel, Newport Beach

Register online or download the registration flyer.

Pro Bono Bankruptcy Training
Presented by the OCBA and the Public Law Center

Monday, Sept. 15, 2014
OCBA Headquarters, Newport Beach

Register online or download the registration flyer.

The Judges' Series: California's Unfair Competition Law
Presented by the OCBA and the Orange County Superior Court

Friday, Sept. 26, 2014
Orange County Superior Court, Santa Ana

Register online or download the registration flyer.

The Impact of Divorce, Death, & Taxes on Real Estate Holdings & Transactions
Presented by the OCBA Real Estate Section

Tuesday, Sept. 30, 2014
Radisson Hotel, Newport Beach

Register online or download the registration flyer.

Basic Guardianship Training
Presented by the OCBA and the Public Law Center

OCBA Headquarters, Newport Beach
Register online or download the registration flyer.


Judicial Perspectives on How to Litigate Attorney Fees &
Sanctions Issues to Maximize Chance of Success in Court
Presented by the OCBA Family Law Section

Thursday, Sept. 18, 2014
Grand Catered Events, Orange

OCBA Elder Law Section Seminar
Wednesday, Oct. 1, 2014
Promenade Event Centre & Gardens, Costa Mesa

OCBA Trusts & Estates Section Seminar
Wednesday, Oct. 15, 2014
Promenade Event Centre & Gardens, Costa Mesa

U.S. Supreme Court Preview & Presentation of the
David G. Sills Award for Appellate Excellence
Presented by the OCBA Appellate Law Section

Monday, Oct. 20, 2014
The Pacific Club, Newport Beach

OCBA Mediator Disclosure Seminar
Friday, Nov. 14, 2014
OCBA Headquarters, Newport Beach

From the Courts & State Bar

Settle Your Case Quickly, Cost Effectively with Orange County Superior Court's Civil Mediation Program

The Orange County Superior Court and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people resolve disputes without going to trial. ADR is usually less formal, less expensive, and less time-consuming than a trial. Through the Orange County Superior Court's Civil Mediation Program, each side in the dispute will pay only $150 to the mediator, which covers the costs of the mediator’s preparation and up to the first two hours of the mediation session. For more information, please download the flyer or visit the Court website.

André Birotte, Jr. Sworn in as District Judge

On Friday, Aug. 8, 2014, former United States Attorney André Birotte, Jr. was sworn in as a federal district judge for the United States District Court, Central District of California. Judge Birotte was nominated by President Barack Obama on Thursday, April 3, 2014. He was confirmed unanimously by the Senate on Tuesday, July 22. Judge Birotte had served as United States Attorney for the Central District of California since his appointment in 2010 by President Barack Obama. As United States Attorney, Judge Birotte was responsible for overseeing approximately 265 attorneys and 200 staff members located in offices in Los Angeles, Riverside, and Santa Ana. For more information, please see the press release.

Court Filings Decrease in FY 2012–2013

Statewide court filings in the California superior courts decreased in fiscal year 2012–2013, continuing a trend that began the prior year, according to the Judicial Council’s 2014 Court Statistics Report (CSR). The 7.7 million case filings represent a 9.7 percent decrease from the previous year. “The trend in court filings is worrisome,” said Justice Douglas Miller, chair of the Judicial Council’s Executive and Planning Committee. “It coincides with two other trends that have occurred as result of budget cuts to the judicial branch: the increase in court filing fees to offset General Fund budget cuts and closure of courthouses and/or the reduction of hours at our courthouses. It’s something that we in the judicial branch are very concerned about.” Please view the press release for additional information.

Court Reporter Pooling Pilot Project

Effective Monday, Aug. 25, 2014, Departments C6, C10, C12, C13, C14, C15, C17, C18, C21, C23, C25, C26, C31, and C32 of the Orange County Superior Court will be participating in a Court Reporter Pooling Pilot Project. Official court reporters (i.e. court reporters employed by the Court) in those departments will be provided only for trials and other matters in which oral evidence will be presented. Official court reporters will continue to be provided for all hearings in the remaining unlimited civil departments, including civil complex departments. For additional information regarding court reporter availability, please click here.

Council on Acess & Fairness Seeks Applicants
Deadline: Sunday, Aug. 31, 2014

The California State Bar’s Council on Access & Fairness is seeking applications for new members. The council serves as the State Bar’s “diversity think tank” and advises the Board of Trustees on diversity in the legal profession. The 25-member council consists of lawyers, judges, academics and public members. To apply, fill out the online fillable form. For questions or more information about the council, contact Patricia Lee at 415.538.2240 or

Request for Public Comment: Changing the Title of Non-Lawyer State Bar Section Members
Deadline: Friday, Aug. 22, 2014

The California State Bar requests public comment on a proprosed revision to State Bar Rules Title 3, Division 2. Rules 3.50 and 3.52 (B), which would change the title of non-lawyer Section members from “associate” member to “affiliate” member. The proposed amendment would clarify that this category of Section members are not members of the State Bar while continuing to identify them as active members of the Section. For more information and instructions on how to submit your feedback, please click here.

Request for Public Comment: In Rem Bankruptcy Conflicts
Deadline: Wednesday, Sept. 3, 2014

The California State Bar seeks public comment on Proposed Formal Opinion Interim No. 12-0004, which considers whether or not an attorney representing an individual as a debtor in a simple, no-asset Chapter 7 bankruptcy filing while simultaneously representing one or more of the individual’s creditors in unrelated matters is required by rule 3-310(C)(3) to obtain informed written consent from both parties. For more information and instructions on how to submit your feedback, please click here.

Request for Public Comment: Disclosure of Confidences at Motion for Withdrawal
Deadline: Thursday, Sept. 4, 2014

The California State Bar seeks public comment on Proposed Formal Opinion Interim No. 12-0001, which considers what information an attorney may ethically disclose to the court to explain his/her need to withdraw from representation—particularly in the face of an order to submit to the court, in camera or otherwise, the substance of the attorney-client communications leading to the need to withdraw. For more information and instructions on how to submit your feedback, please click here.

For more details and information, please visit the Court's website and the State Bar website.