by Gialisa W. Gaffaney, Scott B. Garner and, Mei Tsang
This year, the Orange County Bar Association has the honor of presenting the Harmon G. Scoville Award to the extremely humble and dedicated Richard J. McNeil. This prestigious award was established in 1990, in honor of retiring Appellate Court Presiding Justice Harmon G. Scoville. Rick models the standards of the Scoville Award, which is presented to “a member of the Orange County legal community whose career exemplifies the highest standards of the legal profession, who is widely known as a champion of the constitutional system of justice, and who has made significant contributions to the OCBA and its community.”
It is hard to get information from Rick himself about his accomplishments because he is incredibly humble. His first reaction upon learning he was this year’s honoree was, “Are you sure they didn’t make a mistake?” But when you ask the OCBA community about Rick, it is clear there was no mistake. You hear consistently that he puts others before himself and is one of the first to take a stand on social justice issues. Pressed for a more detailed reaction, Rick spoke of atrocities throughout history: how racism, homophobia, persecution of any and all religions, and oppression are all related, and quoted Eckhart Tolle: “For what you do to others, you do to yourself.”
Childhood Rick was born and raised in Compton, California to a Caucasian father and a mother of African American and Cherokee descent. Growing up, he presented as “white,” which resulted in not fitting into any group. As part of the school integration initiative, Rick was bused into a more affluent school district for his middle school years. It was there he met his best friend, Tom, and got to know Tom’s father, Thomas Loren Karsten. Mr. Karsten, an attorney, was like a second father to Rick. Rick was inspired by Mr. Karsten, who participated in the Nuremberg trial prosecuting Nazis in Germany. Despite the atrocities the Nazis had committed, Rick distinctively recalls Mr. Karsten saying he did not hold hate in his heart, and that his job was to be the best he could be to bring justice to all. This inspired Rick to become a lawyer. More than that, Rick’s childhood experience of non-belonging motivated his allyship to so many groups in our legal community. He was leading diversity and inclusion initiatives when it was courageous to do so.
Service to the OCBA and Affiliate Bars Rick’s involvement with the OCBA dates back over two decades, when he joined the Environmental Law Section, later becoming its chair in 2016. As his practice developed, Rick emerged as a community leader, striving to lift up others and better the community. He served two terms on the OCBA Board from 2014 through 2019. He has served as Secretary of the Real Estate Section and has been a member of the OCBA Leadership Development, Pro Bono, Appointments, Audit, Nominating, and Membership Committees. He also is a member of the Masters Division.
Dimetria A. Jackson, former OCBA President and inaugural co-chair of the Racial Justice Task Force, recalls:
Prior to Rick’s first term as an OCBA Director, he invited me to lunch to discuss how he could best enhance his contribution to the OCBA board, the legal community, and the community served by it. We discussed diversity, equity, inclusion, mentoring, and other ways that he wanted to serve and enhance the system of justice. Rick is thoughtful, smart, passionate, and truly deserving of this honor and recognition.
More recently, as society has collectively become more aware of racial justice issues, Rick has responded to the call for progress. Rick was co-chair of the Diversity Task Force (along with Kyhm Penfil), which became a formal OCBA Committee in 2015. Rick has co-chaired that committee, now named the Diversity, Equity, and Inclusion (DEI) Committee, as well as the Elimination of Bias Subcommittee (2016 through today). He also was a founding member of the Racial Justice Task Force, formed in 2020 following George Floyd’s death.
When asked about his involvement with the DEI Committee, Rick immediately praises others instead of recounting his own service:
Due to Dimetria [Jackson]’s leadership, and Mei [Tsang]’s, and Commissioner Michele E. Bell’s, and Kyhm [Penfil]’s, as well as so many others on the DEI Committee, or supporting it (including at the highest levels of leadership beginning with Ashleigh [Aitken] and continuing up to today with Daniel [Robinson] and, specifically, Trudy [Levindofske]), its membership has mushroomed from fewer than 10 to closer to 100, and its engagement with, and inclusion of, topics and speakers that simply was impossible has become not just possible but an eventuality. The list of those names is literally countless.
Recognizing that George Floyd’s murder was a tragic catalyst for some of these efforts, he adds:
[Crowell’s] former local managing partner and former firm diversity chair, [noted] that, no matter how we got here, the world no longer has the “luxury” of looking the other way. That is, if one does not sanction the conduct giving rise to the incident resulting in the murder of George Floyd, one necessarily exonerates it. There is no middle ground. This is the type of topic that the DEI Committee is uniquely and specially equipped to address.
Dimetria Jackson recounts how “Rick provided thoughtful insight and freely shared his experiences with members of the [Racial Justice] Task Force and the community as a town hall speaker.”
Rick also is a strong supporter of the OCBA Affiliate Bars, serving with the Asian American Bar Association (2020-2022), the Association of Business Trial Lawyers (2016-2022), the Thurgood Marshall Bar Association (2016-2021), and the Hispanic Bar Association of OC (2013-2018) (which gave him an award for being a change-maker in Orange County).
Service to the Greater Community and Professionalism Rick’s service is defined by a strong commitment to diversity and closing the justice gap for people who have been systemically excluded. To that end, Rick has served on the boards of Community Legal Aid SoCal (2016-2022) and the Elder Law and Disability Rights Center (2022). As explained by Brooke A. Weitzman, the ELDR Center’s co-founder and CEO, “Rick’s commitment to DEI goes beyond the day-to-day work he does at a firm that is always first to issue statements on critical issues, and his ongoing commitment to support the OCBA and affinity bar associations who have recognized his change making.” Rick did not hesitate to give even more time through non-profit board involvement and pro bono service. For example, he used his CEQA expertise on behalf of the ELDR Center to end the policy where a south county city would force the unhoused residents to sleep on a dirt lot in dangerous conditions with tent temperatures exceeding 120 degrees and overflowing portable toilets. Later, Rick offered trial expertise to support ELDR Center clients with other legal problems, including a client with special needs.
Rick also served as a member of the Board of Directors of the Pacific Chorale, the orchestral choir that performs with the Pacific Symphony and operates a music education elementary school program in underserved communities. He has been involved in numerous pro bono cases in the environmental, landlord/tenant, and immigration fields.
Beyond the various organizations, Rick has mentored many individuals. Kyhm Penfil, Principal Campus Counsel of University of California, Irvine, recalls how Rick has always been there for her starting from his recruitment of her to Irell. Kyhm later would partner with Rick to revive OCBA’s Diversity, Equity and Inclusion task force and shepherd it into a permanent committee.
David C. Griffith, an associate at Crowell, also speaks of Rick’s mentoring:
Rick has gone above and beyond to get me involved both [in the firm] and in the Orange County community. He and I recently worked on a matter headed for trial. [Rick] mentioned that as a young associate he did not have a lot of substantive opportunities to stand up and speak on behalf of his clients in billable matters. So, when he realized there would be opportunities in this case, Rick let me take the lead on expert engagement, drafting pleadings, and mediation discussions. I gained a lot of insight into the various nuances that go into representing a client.
Rick has contributed so much to other community groups that there simply is not space to include them all here. But they are why Rick has been recognized by other groups, such as the Chapman University Fowler School of Law, which awarded Rick with its 2017 “Be The Change Award” at the 2nd Annual Diversity & Inclusion Unity in Service Celebration. This award recognizes individuals who work tirelessly in our community for diversity, equity, and inclusion efforts.
Along with his commitment to lifting up members of the OCBA and the surrounding community, Rick’s litigation, real estate law, and environmental practices exemplify the highest standards of the legal profession. As noted by Phil T. Inglima, partner and chair of Crowell’s Management Board, and a member of the firm’s Executive Committee:
Crowell is so very proud of Rick’s recognition with the Harmon G. Scoville Award. Rick is well loved by his colleagues and admired for his outstanding legal skills and client service. Beyond the legal world, he is deeply committed to the larger community and exemplifies the very best traditions of the bar and our firm. He believes that we who are privileged are called to serve, and he lives that belief in his actions.
Kirsten L. Nathanson, partner and co-chair of the firm’s Environment & Natural Resources Group, adds:
We were so incredibly fortunate when Rick decided to join us four years ago to lead our environmental practice presence in California. We knew of his stellar reputation as both a practicing lawyer and active contributor to the broader legal community, and we have benefitted as a partnership and a firm with him on our team. Rick brings excellence, tireless effort, and contagious optimism to everything he does, whether for paying clients or in service of those in need. Importantly, he works to pass all of this on through his mentoring and collaboration with our junior talent.
Chahira Solh, partner and a member of the firm’s Management Board and Executive Committee, sums it up: “Rick is always willing to jump in and help—whether it’s through pro bono efforts or volunteering, he always makes an effort to make the world better. Rick has spent his entire career using his legal skills for the betterment of others.”
Conclusion Few others share Rick’s ability to serve so many groups and interests simultaneously while maintaining the highest standards of professionalism. Rick is always prepared to make time to share his story with law students who need encouragement, join a board that would benefit from his experience, and give his time to pro bono causes that will increase equity in our community and beyond. As noted by Brooke Weitzman: “Rick is an important part of the culture that prioritizes diversity in and out of the profession, fights for equity in the courtroom and the board room, and goes to any length to ensure inclusion, making time to show up no matter how demanding his daily responsibilities may be.”
Please join the OCBA in congratulating Rick for a career marked by professional excellence and dedication to closing the justice gap in the Orange County legal community and beyond. While he may never admit it about himself, the OCBA cannot think of a more deserving honoree for 2022.
Gialisa W. Gaffaney is a community leader who has long admired Rick’s commitment to putting others before himself. Scott B. Garner is a past president of the OCBA and Chair of the OCBA Awards Committee who admires Rick’s ability to find so many extra hours in the day to help others. Mei Tsang is OCBA Secretary and Co-Chair of the OCBA DEI Committee who admires Rick’s boldness in advocating for access to justice.