Newsletter for Nov. 24 - Dec. 7, 2014
 

Specialty Credit Night
Earn Credits for Three Specialties in One Night!
Presented by the OCBA

Tuesday, Dec. 2, 2014
Radisson Hotel, Newport Beach

Topics & Speakers:

Substance Abuse Is In the Case:
Now What?

Hon. Matthew S. Anderson

Orange County Superior Court
Supervising Judge, Harbor Justice Center Drug Court and DUI Court

Elimination of Bias
Carlos X. Colorado, Esq.

Eagan Avenatti

Ethics & the State Bar Discipline System
William Todd, Esq.

Deputy Trial Counsel
Office of the Chief Trial Counsel, State Bar of California

Download the flyer for more information or register online.

News

Governor Brown Appoints OCBA Members Apkarian and Arthur to Orange County Superior Court

On Wednesday, Nov. 12, 2014, Governor Edmund G. Brown, Jr. announced the appointment of OCBA members Gassia Apkarian and Craig E. Arthur to judgeships in the Orange County Superior Court. Apkarian has been senior attorney and president at Apkarian Defense APC since 2007. She earned a Juris Doctor degree from the University of La Verne College of Law and a Bachelor of Arts degree from the University of California, Irvine. Apkarian fills the vacancy created by the retirement of Judge Francisco F. Firmat. Arthur has served as a commissioner at the Orange County Superior Court since 2005. He earned a Juris Doctor degree from Western State University College of Law, a Bachelor of Arts degree from California State University, Long Beach, and an Associate of Arts degree from Orange Coast College. He fills the vacancy created by the retirement of Judge Craig E. Robison. For more information, please click here.


OCBA Sections Annual Leadership Elections:
Voting Now Open for Business Litigation, Construction Law, Entertainment, Sports, & Marketing Law; Opens Tuesday, Nov. 25, 2014 for Health Care Law, Insurance Law, Social Security

This fall, all OCBA Sections will conduct online elections for open leadership positions. Voting is open from now through Monday, Dec. 1, 2014, for the Business Litigation, Construction Law, and Entertainment, Sports, & Marketing Law Sections. Online voting for the Real Estate Law, Tort & Trial, and Trusts & Estates Law Sections closes TODAY, Nov. 24, 2014. Voting for the Health Care Law, Insurance Law, and Social Security Sections will open on Tuesday, Nov. 25, 2014. For additional information on the 2014 election process for OCBA Sections, including a complete schedule of nomination and election dates, please click here.


Coming Soon from Orange County Lawyer

  • Cover Story: Harmon G. Scoville Award Winner Suzanne Viau Chamberlain—Suzanne exemplifies the best of our profession in terms of fostering access to courts and serving others.
    by Alan J. Crivaro
  • From Patent Litigation to Assault and Battery: Judge Gooding on Becoming a Criminal Assignment Judge—Judge Gooding provides a glimpse into the life of a first-year judge and tips for appearances.
    by Dean J. Zipser
  • Ethically Speaking: I Ain't Afraid of No Ghost! A Review of OCBA Formal Opinion 2014-1 on Ghostwriting by Contract Lawyers and Out-of-State Lawyers—The dos and don'ts of ghostwriting ...
    by Isabelle Smith
  • A Criminal Waste of Space: Wine Law 101— Beds confronts the mystery of wine.
    by Justice William W. Bedsworth
Get all this and more in the December 2014 issue of Orange County Lawyer magazine!

Interested in advertising in an upcoming issue? Please contact Publications & Social Media Manager Lisa Brown at 949.440.6700 ext. 123 or lbrown@ocbar.org and take advantage of your 15 percent OCBA member discount!


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 www.lrisoc.org 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 lbrown@ocbar.org. 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 previous years. Click here to get started!

Young Lawyers Division

Lawyers On Social Media: Swinging From Vines Without Getting ‘Tumbld’
Presented by the OCBA Young Lawyers Division

Thursday, Dec. 4, 2014
OCBA Headquarters, Newport Beach

This program will look at common missteps and pitfalls of social media for lawyers. Topics will include the Digital Millennium Copyright Act (DMCA), Section 230 of the Communications Decency Act (CDA), defamation, and the Streisand Effect.

Speaker:
Denise Howell, Esq.
Technology Lawyer
Host, This WEEK in LAW

Download the flyer for more information or register online.


Voting Now Open for OCBA Young Lawyers Division 2015 Chair-Elect
Deadline: Wednesday, Dec. 10, 2014

The official Orange County Bar Association Young Lawyers Division 2015 Chair-Elect ballot and candidate information is now available online. Your vote is important. Only current members of the OCBA Young Lawyers Division are eligible to vote. Please go to https://www.ocbar.org/vote and login with your specific credentials. Online voting will cease at the close of the election at 5:00 p.m. on Wednesday, Dec. 10, 2014. In accordance with the OCBA YLD Bylaws, 2014 Chair-Elect Jesse K. Bolling will succeed to OCBA Young Lawyers Division Chair in January 2015.


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.

Featured MCLE

Ethics Update 2014
Presented by the OCBA
**EARN 3.0 LEGAL ETHICS CREDITS**

Wednesday, Dec. 10, 2014
Wyndham Irvine – Orange County Airport, Irvine

Speakers:
Carole J. Buckner, Buckner Law Corp., Irvine, Dean, St. Francis School of Law, Co-Chair, OCBA Professionalism & Ethics Committee,Past Chair, Los Angeles County Bar Association Ethics Committee

Kevin E. Mohr, Professor, Western State College of Law, Past Chair, State Bar Ethics Committee, Vice Chair, Los Angeles County Bar Ethics Committee

Robert K. Sall, Sall Spencer Callas & Krueger, Laguna Beach, Member, OCBA Professionalism & Ethics Committee, Past Chair, Los Angeles County Bar Association Ethics Committee, Past Member, State Bar Ethics Committee

Robert L. Kehr, Kehr, Schiff & Crane, LLP, Los Angeles, Past Chair, State Bar Ethics Committee, Member, State Bar Rules Revision Commission, Past Chair, Los Angeles County Bar Association Ethics Committee

Topic:
Recent Developments in Legal Ethics, Legal Malpractice and Risk Management including:

  • Latest case and ethics opinion summaries
  • Ethics rules that all attorneys should aspire to
  • The minimum ethical standards required to avoid malpractice

Download the flyer for more information or register online.

Community Projects & Volunteer Opportunities

Senior Santa & Friends
Registration Deadline:
Friday, Dec. 5, 2014

Join the OCBA in its efforts to bring holiday cheer to the abused, neglected, elderly, and disabled adults of Orange County. The Senior Santa & Friends Program provides holiday gifts (including medical equipment and small appliances) and gift certificates (for food and other essential items) to elderly and disabled clients of the Orange County Social Services and Health Care Agencies, who may be forgotten during this special time of year. Donate gifts by sponsoring an “Angel Tree” gift. The OCBA will mail you “Angel Tree” tags which identify types of gifts needed. You can display these tags in your office and encourage employees to participate. Download the flyer for more information or register online.


Spark of Love Toy Drive
Deadline: Friday, Dec. 19, 2014

Join us this holiday season in making a child’s holiday special, by donating new, unwrapped toys or sports equipment in the 22nd Annual Spark of Love Toy Drive! Coordinated by ABC7 and Southern California Firefighters, the Spark of Love Toy Drive has successfully collected over 7.5 million toys for disadvantaged children and teens. Donations will be distributed to Orange County children of all ages who may otherwise go without. Gift cards are also accepted. Your donations will bring holiday cheer to disadvantaged children throughout the County—make your donation today. Drop off new, unwrapped toys and sports equipment at the OCBA offices, located at 4101 Westerly Place, Newport Beach, CA 92660, during our hours of operation, 8:30 a.m. to 5:00 p.m. Monday through Friday. Please download the flyer for more information.


OCBA Mercy House Armory Community Outreach Activity

Friday, Jan. 16, 2015
Mercy House Armory, Fullerton

Assist the homeless in Orange County by volunteering at the Armory for a three-hour shift to help set up, distribute donations, serve dinner, and clean up. Space is limited, so please sign up early! Download the flyer for more information or register online.


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 dmullin@ocbar.org. 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 lferrin@publiclawcenter.org.

Law School Corner

OCWLA Now Accepting February Bar Stipend Applications
Deadline: Sunday, Nov. 30, 2014

The Orange County Women Lawyers Association is now accepting applications for its biannual Bar Stipend Award, which recognizes students with financial need who best exemplify the mission of OCWLA as well as a commitment to scholarship, community service, advancement of women or women's issues, and Orange County. To download an application, please click here. Applications are also being accepted for the OCWLA Diversity Bar Stipend Award, which awards $1,000 to a recent law school graduate with a minority ethnic background and achievements and contributions in scholarship, community service, advancement of diversity or diversity issues. Financial need and connection to Orange County are also considered. Please click here to download the application.


How To Hit the Ground Running:
Practical Advice for New Attorneys

Saturday, Dec. 13, 2014
Adjunct Professor and Western State alum Neil Pedersen will be hosting a seminar on “How To Hit the Ground Running: Practical Advice for New Attorneys” on December 13. The presentation will provide tips, tricks, and advice for surviving and thriving as a new lawyer including how to capture your time efficiently and effectively, how to manage your most valuable asset - your time, and how to control and identify client expectations. For more information, please contact Western State College of Law Assistant Dean Pamela Davidson at pdavidson@wsulaw.edu.


Looking for Talent?

Consider utilizing the Whittier Law School Career Development Office to help you obtain talented law clerks and attorneys. We are here to help you with your hiring needs. Become a part of the Whittier Law School family today. To speak with someone at the Career Development Office, please email Assistant Dean of Career Development and Employer Outreach Randy Reliford at rreliford@law.whittier.edu.


Hire from Western State!

If you or an attorney you know have an opening for new law clerks or new associates, look no further than Western State. Our current students bring practice-ready skills, possess a great work ethic, and are available for spring and summer law clerk positions. With Bar results right around the corner, this is the perfect time to start interviewing for new associates. Contact Pam Davidson in Career Services to post your job opening for free or arrange for convenient on-campus interviews: pdavidson@wsulaw.edu or 714.459.1106. We look forward to finding your next great hire!

Events

2015 OCBA Judges' Night &
Annual Meeting

Thursday, Jan. 15, 2015
Irvine Marriott, Irvine

Don't miss 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—to Hon. James J. Di Cesare. Download the flyer for more information or register online.

Masters Division

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.

Upcoming MCLE Programs

Specialty Credit Night
Earn Credits for Three Specialties in One Night!
Presented by the OCBA

Tuesday, Dec. 2, 2014
Radisson Hotel, Newport Beach

Register online or download the registration flyer.

Lawyers On Social Media: Swinging From Vines Without Getting ‘Tumbld’
Presented by the OCBA Young Lawyers Division
**Exclusive Seminar for OCBA Young Lawyers Division Members**

Thursday, Dec. 4, 2014
OCBA Headquarters, Newport Beach

Register online or download the registration flyer.

Ethics Update 2014
Presented by the OCBA

Wednesday, Dec. 10, 2014
Wyndham Irvine – Orange County Airport, Irvine

Register online or download the registration flyer.

**SAVE THE DATE**

OCBA 23rd Annual MCLE Last Dash & Trade Show
Saturday, Jan. 17, 2015
Whittier Law School, Costa Mesa

OCBA Last Dash Reloaded (Specialty Credit Video Replay)
Saturday, Jan. 24, 2015
OCBA Headquarters, Newport Beach

A Salute to a Legal Giant
Presented by the OCBA

Tuesday, April 28, 2015

From the Courts & State Bar

Futures Commission Seeks Input on California Court System
Deadline: Friday, Dec. 5, 2014

California Chief Justice Tani Cantil-Sakauye has recently created the Commission on the Future of California's Court System to study and make recommendations on ways the judicial branch can improve services and become more efficient and effective. The Commission is looking for suggestions from those who use or are concerned about the courts, and it is asking you to take a few moments to complete this survey. All ideas are welcome. The Commission is particularly interested in proposals to change outdated laws, systems, or practices that are impeding effectiveness and in proposals for new approaches, such as the use of technology, that will improve court services to save time and resources in the long term. Related questions should be directed to FuturesCommission@jud.ca.gov. To access the survey, please click here.


Public Comment Sought on Draft Judicial Ethics Advisory Opinion
Deadline: Wednesday, Dec. 31, 2014

The California Supreme Court Committee on Judicial Ethics Opinions (CJEO) invites public comment on a draft advisory opinion discussing whether a trial judge is disqualified from presiding over a criminal case if the judge appeared in that case as a deputy district attorney, but only for a brief, nonsubstantive matter such as a scheduling conference. For more information and details on how to submit your comments, please click here.


Attorneys Required to File New Civil Actions Electronically

Effective Monday, Dec. 1, 2014, attorneys filing new civil actions with the United States District Court, Central District of California will be required by amended Local Rule 3-2 to file their case-initiating document(s) electronically, using the Court's Case Management/Electronic Case Filing System (CM/ECF), unless exempted from electronic filing by amended local rule 5-4.2. For more information, please see the Notice from the Clerk.


Serve Your Community as an Orange County Grand Juror
Deadline: Friday, Jan. 23, 2015

TThe Orange County Superior Court is now accepting applications for the 2015-2016 Orange County Grand Jury. A new 19-member Grand Jury will be empaneled for a one-year term that begins July 1. Superior Court judges interview qualified applicants, and Orange County Sheriff’s Department officers conduct background investigations on these candidates. Selection of the 19-member Grand Jury is achieved by a random drawing of the top 25 to 30 candidates nominated for service, to equally represent each of the five Orange County Supervisorial Districts, as required by law. For more information and details on how to apply, please click here.


Superior Court Civil Court Reporter Pooling Pilot Project

Departments C6, C10, C12, C13, C14, C15, C17, C18, C21, C23, C25, C26, C31, and C32 of the Orange County Superior Court are 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.


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.


State Bar Board of Trustees Election
Nomination Deadline: Monday, Dec. 1, 2014

In 2015, two seats on the State Bar's Board of Trustees will be up for election, including one in District 4, which is comprised of Orange, Imperial, Inyo, Riverside, San Bernardino, and San Diego counties. Any active member of the State Bar who maintains his or her principal office for the practice of law within the State Bar district in which there is a vacancy is eligible to run for a seat on the board. Lawyer members are elected for three-year terms and will assume their offices at the conclusion of the 2015 Annual Meeting. For more information and details on how to submit a nomination, please click here.


Hearings to Allow Attorneys, Public to Weigh in on Discipline Process

The State Bar of California is holding annual hearings next month where attorneys and members of the public will be able to comment on disciplinary procedures, attorney competency and admissions procedures. A local hearing will be held in Los Angeles on Tuesday, Dec. 11, 2014, at 10:00 a.m. The hearings will conclude when all the speakers present have had the chance to address the panel. Those wishing to speak at the hearing and/or present written materials are asked to sign up by Dec. 1. The contact for the Los Angeles hearing is Seana-Rae Pasco at 213.765.1504 or seana-rae.pasco@calbar.ca.gov. For more information, please click here.


Request for Public Comment: Criteria for Determing Accredited Law School Compliance, Action Taken for Noncompliance
Deadline: Friday, Dec. 12, 2014

The California State Bar seeks public comment for proposed amendments to Guidelines 12.1 and 12.2, Guidelines for Accredited Law School Rules (Guidelines), re Criteria for Determining Compliance with Accredited Law School Rule 4.160(M) (Minimum, Cumulative Bar Examination Pass Rate) and Action Taken When a Law School is in Noncompliance with Guideline 12.1. The proposed amendments to Guideline 12.1 and Guideline 12.2 clarify the methodology that should be used by the CALS to make the calculations necessary to determine compliance with the MPR requirements. For more information and details on how to submit comments, please click here.


Request for Public Comment: Law Study in Schools Accredited or Registered by the Committee of Bar Examiners
Deadline: Friday, Dec. 12, 2014

The Committee of Bar Examiners has spent some time considering issues related to California’s registered, unaccredited law schools, the future of such law schools, the committee’s regulatory oversight of unaccredited law schools and their various programs of legal education, and whether its authority to accredit law schools should be expanded to include distance-learning law schools. As such, the California State Bar seeks comments on proposed amendments to the: 1) California Rules of Court – Chapter 3. Legal Education, Rule 9.30. Law School Study in Schools Accredited or Registered by The Committee of Bar Examiners, 2) Business And Professions Code Sections 6046.7 and 6060.7, 3) Article 4 Admission to the Practice of Law, Section 6060, Qualifications, Examination and Fees, 4) Title 4. Admissions and Educational Standards, Division 2. Accredited Law School Rules, and 5) Title 4. Admissions and Educational Standards, Division 3. Registered Law School Rules. For more information and details on how to submit comments, please click here.


Request for Public COmment: Accredited Law School Rules Re: Branch and Satellite Campuses
Deadline: Wednesday, Dec. 31, 2014

The California State Bar seeks comments on proposed amendments to the Accredited Law School Rules and the Guidelines for Accredited Law School Rules that define and make clear the operational differences between a branch and satellite campus of a California-accredited law school (CALS) and that also institutes an appropriate process by which approval of the establishment of either may be considered and conferred by the Committee of Bar Examiners. For more information and details on how to submit comments, please click here.


Request for Public Comment: Standards for Attorney Sanctions for Professional Misconduct
Deadline: Friday, Jan. 16, 2015

In October 2013, the Board of Trustees adopted “clean-up” changes to the Standards for Attorney Sanctions for Professional Misconduct and appointed a Discipline Standards Task Force to evaluate and determine whether a comprehensive overhaul was needed and if additional changes should be made. The California State Bar seeks public comment on the recommended substantive changes to certain Standards and the adoption of new Standards for specific acts of misconduct that were only previously addressed in a catch-all provision. For more information and details on how to submit comments, please click here.


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