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December 2012 - Marin County Bar Association


									December 2012                                                                                                         Volume 43, Issue 12
                                                                    The Marin Lawyer

                              An Official Publication of the Marin County Bar Association

                                          PrEsIDEnT’s MEssagE
                                          Thanks for a ProDuCTIVE
                                          YEar!                                                           Calendar of Events
                                          By Jessica Karner                                                 December 13, 2012
                                                                                                            Holiday Party
                                                                                                            5 – 7 pm
                                              This year, the MCBA focused on communi-
                                          ty: connecting with, supporting and reaching out
                                                                                                            December 17 , 2012
                                          to those around us. I’m really proud of what we
                                                                                                            Intellectual Property Section Meeting
                                          achieved together. It has been my privilege and
                                                                                                            Brown Bag Meeting
                                          pleasure to serve as president this year when we’ve
                                                                                                            12 – 1:30 pm
                                          done so many good things through the work of so
many good people!
                                                                                                            January 5, 2013
    Here are some highlights of the year:
                                                                                                            Installation Dinner
 •	 Through our newsletter profiles, we better connected the MCBA and
                                                                                                            Spinnaker Restaurant
    our members with the non-profits in Marin who do so much good work.
                                                                                                            6-10 pm
    Thanks to committee members Lisa Spann Maslow, Barrett Shafer, Ri-
    ley Hurd and Scott Rogers for leading that effort.
                                                                                                            January 10, 2013
 •	 We helped to plan, launch and staff the Discovery Facilitator Program,
    which has already made a meaningful difference in reducing the number                                   Joint Meeting of Construction Law
    of discovery motion hearings in the civil department and is being adopted                               Section and Real Property Section
    in the family law department, too. Thanks to ad-hoc committee mem-                                      12 – 1:30 pm
    bers Jeff Schoppert, Dave Feingold, Phil Diamond and Rob Epstein, to                                  Look for details each month in
    our Sonoma County advisor Lewis Warren, to the entire Bench Bar and                                   The Marin Lawyer
    Administration of Justice Committee, and to the Civil Judges, Presiding
    Judge James Ritchie, Kim Turner and Norma Johnson for working as
    a terrific team to develop and launch the rule on July 1.
                                                                                 (Continued on page 9)

In This Issue                                                  MCBa annuaL JuDgE’s LunChEon
Post Howell ........................................... 2      By Eric Sternberger
Jobs Act ................................................. 3
RULLCA............................................... 4             On October 24, 2012, the MCBA held its
Annual Holiday Party ........................... 5             annual Judges Luncheon, which also served
Spotlight on Non-Profit ......................... 6            as our general membership meeting. The pro-
Director Spotlight.................................. 7         gram began with the unanimous election of
Mediation Program Proposal ................ 8                  the new slate of directors and officers for the
MCBA Standing Committee ............... 11                     MCBA. A full list of the new officeholders
New Members/ Change of Scene ........ 14                       can be found at
Calendar Details .................................. 14              The presiding Judge of the Marin County
Marketplace......................................... 15        courts, the Honorable James Ritchie, then
                                                               provided an informative update regarding the
 Eric Sternberger was Guest Editor of                          status of our local and statewide courts. As
 this issue of The Marin Lawyer.
 Kate Rockas is Series Editor for 2012.                        with the year prior, the hot topic was the chal-           (Continued on page 10.)
                                                 The Marin Lawyer

                            PosT Howell:                          amount.
                                                                        In Howell the Supreme Court held: “an injured plain-
                            WhaT EVIDEnCE                         tiff whose medical expenses are paid through private in-
                            of a PLaInTIff’s                      surance may recover as economic damages no more than
                                                                  the amounts paid by the plaintiff or his or her insurer for
                            MEDICaL BILLs Is                      the medical services received or still owing at the time
                            aDMIssIBLE aT                         of trial.”(Howell at p. 566.)1 For example, if a tort vic-
                            TrIaL?                                tim’s Blue Shield insurance paid 45% of the victim’s bill
                                                                  from Dr. X, and Dr. X accepts that amount as payment in
                            By Philip C. Snell                    full pursuant to the doctor’s contract with Blue Shield, the
                                                                  plaintiff can only recover the paid amount from the tort-
                                 Prior to the California Su-      feasor, whereas pre-Howell, the plaintiff was entitled to
                             preme Court’s ruling in Howell       the full billed amount, assuming it was a reasonable value
                             v. Hamilton Meats (2011) 52          (CACI 3903A).2 The Supreme Court also stated that its
Cal.4th 541, the collateral source rule (“CSR”) stated: “if       holding does not alter the collateral source rule (Howell,
an injured party receives some compensation for his inju-         at p. 565), and that evidence of payments made by an in-
ries from a source wholly independent of the tortfeasor,          surer remains inadmissible under the evidentiary aspect of
such payment should not be deducted from the damages              the collateral source rule. (Id. at p. 567.)
which the plaintiff would otherwise collect from the tort-              The evidence issue at trial arises when the tortfeasor
feasor.” (Helfend v. So. Cal. Rapid Transit Dist. (1970 2         seeks to exclude evidence of the care providers’ full bill
Cal. 3d 1, 6.)                                                    and to allow only the amount paid by the insurer into evi-
      Practically, this meant that no evidence of an injured      dence. While the Howell court said that a medical plan’s
person’s own health insurance or medical payment ben-             cash payments are relevant to what damages are recover-
efits which paid for his or her medical bills could be ad-        able, the court did not address the rules of evidence that
mitted at trial. This allowed the plaintiff to present the en-    trial courts must analyze in order to implement the new
tirety of his or her medical bills into evidence, regardless      holding: “When a medical care provider has, by agree-
of the fact that their health insurance carrier paid the bills,   ment with the plaintiff’s private health insurer, accepted
and the defendant could be held to pay the fully billed           as full payment for the plaintiff’s care an amount less than
                                                                  the provider’s full bill, evidence of that amount is relevant
                                                                  to prove the plaintiff’s damages for past medical expense
                                                                  and, assuming it satisfies other rules of evidence, is ad-
                                                                  missible at trial. (Id., emphasis added.)
                                                                        In order to present the foundation for the conclusion
                                                                  that the insurer’s payment has been “accepted as full pay-
                                                                  ment,” the contracts between an injured plaintiff’s medical
                                                                  providers and that plaintiff’s medical coverage providers
                                                                  have to be admitted into evidence. That creates two prob-
                                                                  lems: first, neither litigant is a party to those contracts,
                                                                  which thereby raises foundation, prejudice, relevance,
                                                                  confusion and other contraindications to admission; sec-
                                                                                                                (Continued on page 12)
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                                                 The Marin Lawyer

                          JoBs aCT                                     with the SEC at the time of the initial offering and
                                                                       annually thereafter. The level of financial disclosures
                          CrEaTEs nEW                                  will vary depending on the amount of capital being
                          funDIng oPTIons                              raised.
                          for sMaLL                                     The crowdfunding provisions will create a new
                                                                 mechanism for businesses to raise capital from a large pool
                          BusInEssEs                             of investors who need not meet the higher net worth or
                          By Jack G. Martel                      income standards typically required for private placements
                                                                 exempt under federal securities registration laws.
                                The Jumpstart Our Business             Note: Both the SEC and the California Department
                           Startups (JOBS) Act, enacted in       of Corporations have issued notices reminding the public
                           April, will provide two useful        that any offers or sales of securities purporting to rely on
                           new tools for start ups and small     the crowdfunding exemption are unlawful until the SEC
businesses looking to raise capital. The JOBS Act will al-       proposes and adopts the necessary rules.
low broadly-based crowdfunded equity offerings and, for                Private Placement Advertising
certain other offerings, will allow businesses to seek new             For companies looking to raise more than $1 million,
investors through advertising. Both of these provisions still    another provision of the JOBS Act will provide a way for
require SEC new rules to make them effective.                    them to reach more prospective investors by easing current
     Crowdfunding                                                restrictions on advertising. SEC Rule 506 of Regulation D
     Under the crowdfunding exemption, businesses may            currently allows companies to raise an unlimited amount
raise up to $1 million from investors during any 12-month        of capital from “accredited investors” (and up to 35 non-
period if they meet certain filing requirements and other        accredited investors) but only if the company, among other
conditions including:                                            things, does not advertise the offering. “Accredited inves-
   • Limit the amount invested by any one investor, based        tors” include individuals with a net worth over $1 million
     on the investor’s annual income or net worth;               (excluding residence) or meeting an annual income test.
   • Conduct the capital raising through a crowdfunding                The JOBS Act directed the SEC to remove the ban
     portal that registers with the SEC; and                     on advertising in Rule 506 offerings if a company sells
   • Make informational filing and financial disclosures         its securities exclusively to accredited investors. The SEC
                                                                                                          (Continued on page 13)

                                           The Marin County Bar Association
                                                  invites you to the

                                  2013 Installation Dinner & Silent Auction

                     Swearing of President Joel Gumbiner & the 2013 Officers and Directors
                                        by the Honorable James Ritchie

                                              Saturday, January 5, 2013
                                                   6:00 to10:00 pm

                                               The Spinnaker in Sausalito

                                                      Cocktail Attire

                                       RSVP by Wednesday December 29, 2013

                        Silent Auction to Benefit Family & Children’s Law Center and Legal Aid of Marin
                                   Fund-a-Need for MCBA Legal Education Scholarship Fund

                                                 The Marin Lawyer

                           CaLIfornIa                              • In addition to written or oral agreements, Operating
                                                                      Agreements may now be implied. (§17701.02(s))
                           aDoPTs nEW LLC                          • Comprehensive provisions regarding which statutory
                           sTaTuTE                                    provisions can and cannot be modified by the operat-
                                                                      ing agreement including limitations on the modifica-
                           By Michael O. Glass
                                                                      tion of duties of loyalty and care or other fiduciary
                                                                      duties (§17701.10)
                                 On September 21st Gover-
                            nor Brown signed Senate Bill           • Definitions and distinctions of the authority and fidu-
                            323 (Vargas), which fundamen-             ciary duties of members and managers in the context
                            tally alters the statutory scheme         of member-managed LLCs versus manager-managed
                            governing limited liability com-          LLCs (§§17703.01-17703.04)
                            panies in California by replacing      • A provision requiring that in applying and construing
the Beverly-Killea Limited Liability Company Act (the                 RULLCA, consideration must be given to “promote
“Beverly-Killea Act”) enacted in 1994 with the California             uniformity of the law” among the states that enact it.
Revised Uniform Limited Liability Company Act (“RUL-                  (§17713.01)
LCA”). A chaptered copy of RULLCA can be found at                     Understanding how these changes will impact exist- RULLCA will become          ing LLCs starts with a review of Section 17713.03, which
effective on January 1, 2014 and automatically govern all       provides that all actions, transactions, contracts entered
existing LLCs.                                                  into by the LLC, or its members and managers on or after
     RULLCA is based on the Uniform Limited Liability           January 1, 2014, are governed by RULLCA; and all ac-
Company Act (“Uniform Act”) as promulgated by the Na-           tions, transactions and contracts entered into prior to that
tional Conference of Commissioners on the Uniform State         date continue to be governed by the Beverly-Killea Act. At
Laws intended to bring uniformity to the states’ statutes to    best this going to be a source of potential confusion, and
enable LLCs to operate in multiple states. However, RUL-        at worse it could generate unintended and adverse results
LCA contains significant differences from the Uniform           depriving parties of the protections or benefits that they may
Act, including the preservation of dissenters’ rights and the   have relied upon in the Beverly-Killea Act, or that were
prohibition of professional LLCs. The enactment of RUL-         provided for in their pre-RULLCA operating agreements.
LCA is also supposed to address perceived shortcomings in             For example, the parties may be content with their pre-
the statutory provisions for the withdrawal or disassocia-      RULLCA operating agreement governed by the Beverly-
tion of members and provide a more comprehensive set of         Killea Act, but subsequent to the RULLCA effective date
default rules on subjects where the operating agreement         they execute a minor amendment to admit a new member,
may be silent.                                                  for example, which may automatically, albeit unintention-
     While many provisions of RULLCA are similar to             ally, subject them to RULLCA and, therefore, alter their
those of the Beverly-Killea Act, RULLCA does have some          rights and obligations in ways they did not contemplate.
significant differences. A complete discussion of those         According to one commentator, such a result may render
differences is beyond the scope of this article, but some of    RULLCA unconstitutional on the grounds that it violates
the more noteworthy changes include:                            Article 1, Section 10 of the U.S. Constitution which forbids
   • Detailed provisions concerning the conditions provid-      states from making any law impairing the obligations of
     ing for the disassociation of members from the LLC         contracts. (See Bishop, California’s New LLC Act – Call
     (§§17706.01-03)                                            Me Laocoon, But I Foresee A Mess! Allen Matkins, Cal.
                                                                Corp. & Sec. Law (2012)
    The Bay Area’s Premier Reporting Service                          In light of substantive changes and the automatic ap-
                                                                plication of the RULLCA, practitioners should be proactive
                              ♦ Complimentary                   in becoming familiar with the new provisions of RUL-
                                Conference Rooms                LCA, and use the next year to contact clients to review
                                                                and update their operating agreements well in advance of
                              ♦ Document Depository
                                                                January 1, 2014.
                              ♦ Livenote/E-Transcript
                                                                      Michael O. Glass is a partner in Ragghianti | Freitas
                              ♦ Videoconferencing               LLP. For fifteen years he has been representing clients
    Capturing your words      117 Paul Drive, Suite A           in general business and corporate matters including
     with caring hands.
                              San Rafael, CA 94903              transactional, entity formation, acquisition, and litigation
                              415-472-2361 · Fax 415-472-2371   practice.

                   The Marin Lawyer

           HOLIDAY PARTY
    Cordially invites you to attend our Holiday Party

    Thursday, December 13, 2012
          5:00 – 7:00 PM
                Resolution Remedies
            1000 4th Street, Eight Floor
               San Rafael, Ca 94901

      With Beverages, Spirits and Appetizers
            generously provided by:
              Resolution Remedies
                    and the
         Marin County Bar Assocation

           Join us for some holiday cheer!

                       No Cost

   Please RSVP via email to:
                 See You There!
                                                       The Marin Lawyer

                           sPoTLIghT on a                              animal visits, special meals, toys and games. All wishes are
                                                                       granted in the hospital with the purpose of bringing comfort
                           CoMMunITY                                   and distraction to the child enduring medical treatments
                           non-ProfIT                                  and regimes. What makes Little Wishes’ program unique
                           organIZaTIon:                               (and why they keep the wishes “little”) is that a qualified
                                                                       child may make another wish 14 days after receiving their
                           By Jessica Karner                           first little wish, and every 14 days thereafter. This is really
                                                                       meaningful for children who endure frequent hospitaliza-
                                                                       tions or for a child who has been in the hospital for weeks
                            Little Wishes has a simple but             or months at a time.
profound mission: to grant the immediate and ongoing
wishes of hospitalized children to ease their discomfort                     Little Wishes currently serves children who are hos-
and bring them moments of joy. To a hospitalized child,                pitalized at California Pacific Medical Center, San Fran-
seemingly simple, little wishes—a stuffed animal, Giants               cisco (including many patients from Marin), Sacred Heart
memorabilia decorating the child’s hospital room, Spider-              Children’s Hospital in Spokane, Washington, and The
man figurines, books or DVDs—can and do make a huge                    Children’s Center at Sutter Medical Center, Sacramento.
difference. They provide a welcome distraction, brighten               It is a wonderful organization doing good and important
long days and are a tangible expression of community                   work.
compassion, love and support. Little things making a big                    What can you do?
                                                                             You can donate to Little Wishes by going to www.
     Little Wishes is a San Anselmo-based nonprofit orga-     and clicking “Make a Donation.” Cash
nization staffed entirely by volunteers. In other words, it            donations are used to purchase materials and services used
does what it does with no payroll and almost zero overhead.            to grant wishes. As mentioned above, Little Wishes is a
The organization was founded 10 years ago, in November                 100 percent volunteer organization.
2002, by Laura Euphrat and Joanne Davantes, two pediat-
ric/pediatric intensive care nurses who had seen firsthand                  Or, you can bring an in-kind donation to the MCBA
the huge difference little gifts and gestures had made to one          Holiday Party on December 13. While gifts are generally
of their pediatric cancer patients. Thanks to the pro-bono             tailored to each child, and so purchased with donated cash,
help of MCBA Past President Dave Feingold, Little Wishes               the following items are always in need: newly released
was granted 501(c)(3) status in May of 2003.                           movies out on DVD (rated G to PG-13) and any type of
                                                                       toy small enough to be put in a toy box for a child to play
     For the past 10 years, Little Wishes has granted                  with after a painful procedure (like a Barbie doll, figurine,
wishes, of limited dollar amounts but of significant value,            matchbox car, or any other small fun toy for ages ranging
to seriously ill children during their hospitalization. These          from two to 12 years old).
children’s treatments can often be rigorous, painful, and
the effects lasting—both physically and mentally. Little                    For more information about Little Wishes, please visit
Wishes asks the children what brings them joy and what                 its website or contact Laura Euphrat at (415) 459-WISH
they feel passionate about. Some examples of children’s                or
wishes have been books, musical CDs, videos, art supplies,
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                                                The Marin Lawyer

                           DIrECTor                             other disadvantaged community members that have legal
                                                                needs that without Legal Aid would not be provided.
                           sPoTLIghT on
                                                                      TML: Why do you live in Marin? (If you do)
                           PauL CohEn                                 PC: Marin is my home away from home. I spend
                               TML: I know you are at           almost as much time here. I live in San Francisco where
                          Legal Aid of Marin, but do you        I was able to purchase prior to the bubble. There would
                          have a specific practice area that    be many benefits to living in Marin, but I have found over
                          you advise in, or is your role        the last six years that the work being done at Legal Aid of
                          more overseeing general opera-        Marin is well recognized regardless of whether my staff or
                          tions?                                I live in this magnificent County. People helping people is
      PC: I have been with Legal Aid of Marin since March       really the business we are in and the approach that we take
2006. Prior to that time, I was a tenant attorney working       whether meeting with our clients in our office or providing
on issues from evictions to fair housing discrimination         clinics in West Marin.
complaints. I worked for eleven years leveling the playing
field for tenants from San Mateo County to San Francisco          TML: What do you love to do when you’re not busy
and in Contra Costa County. I arrived in Marin County and practicing law?
brought my housing expertise, but by September 2007, I            PC: This is a very difficult question. A year ago I
started to learn about how to counsel homeowners facing would have been preparing for a short triathlon or providing
foreclosure as the downturn took full effect. I also oversee support to other triathlon participants as a volunteer. I hurt
all legal matters at Legal Aid of Marin while delegating my back this year so I am trying to stay active and pursue
huge responsibility to my staff attorneys in the areas of other passions including baseball, holding garage sales or
employment, consumer and housing matters.                    collecting things found in all of the most amazing places.
                                                             I am a borderline hoarder and if you see my office – I am
      TML: Why did you decide to become a lawyer?            a full-fledged paper hoarder. No interventions necessary
      PC: The decision was made when I was 14 years old at this time.
when I was watching a TV show called Petrocelli about                                                          (Continued on page 13.)
an Arizona criminal defense attorney that helped prove the
innocence of all of his clients. I was convinced that I would           A. MAGGI SAUNDERS & ASSOCIATES
                                                                                CERTI F I ED S H ORTH A ND REPORTERS
become a Public Defender fighting for justice in every form.
The problem was recognized in my first year of law school                   Ser vi ng t he E nt i re B ay A rea s i nc e 1 974
when I found out that I did not care for criminal law or             415-383-6281 (office)              415-823-3790 (mobile)
procedure. Civil law did not have the same response so I                  
revamped my whole approach to becoming an attorney.
                                                                       “In a deposition, the Court Reporter
     TML: While it is clear that a career with Legal Aid                       is your biggest asset”
of Marin would be rewarding, how and why specifically
did you end up there?                                              Lowest Per Page Rate - Delivered in One Week
     PC: Legal Aid, as a career, offers very non-traditional
                                                                       No Premium rates for Doctors, Expert Testimony,
benefits such as helping others every day, going home at                      Evening or Weekend Depositions
night and sleeping very well or encouraging others in the
profession to do the same. Ending up as an Executive                      Free Condensed transcripts, ASCIIs, CDs,
Director was not a clear path because I was not convinced           Translators, Video Depositions, Free Conference Room
that I had the skills. Just before landing in Marin, I spent       Member: National Court Reporters Association & SFTLA
three months as an Interim Executive Director of another
agency and that experience gave me the confidence to ap-         Multiple References upon request, UCLA Graduate with Honors
ply here.                                                                     And Mom to a talented young actor

     Bottom line, there is no better feeling than helping a
                                                                 Labor & Employment, Civil Rights, Medical Malpractice, Complex Personal
client succeed at whatever legal issue they may have to              Injury, Construction Defect, Product Liability, Commercial Business
overcome. Legal Aid is represented by a myriad of stories
                                                                      The best court reporter always gets the last word!
about families with children, the homeless, older adults and
                                                The Marin Lawyer

LoW CosT MEDIaTIon PrograM:                                          being paid at market rate, or working on contin-
                                                                 7. Participation in the program is available where at
      The Marin civil judges asked the MCBA Bench Bar               least one party is self-represented, or where one or
and Administration of Justice Committee to develop a pro-           more attorneys are handling the case on a charitable
gram to provide low-cost mediation for those few litigants          or pro bono basis, or for fees substantially below
who could not otherwise afford it. The Committee has                market rate. Government or in-house attorneys do
prepared the following proposal for that purpose. We are            not qualify as pro bono under this rule.
still in the planning stage and invite comments and sug-
gestions on ways to improve and implement this program.          8. There is no limit on the “amount in issue.”
Please email any thoughts or comments by December 15 to
Matt White, chair of the BBAOJ committee, at mwhite@             9. To be on the list, mediators must have participated                                                  in mediation training (40 hours or more), been
                                                                    in practice as a lawyer or mediator for at least
                                                                    five years, and conducted at least two mediations
    PROPOSAL FOR MODEST FEE MEDIATION                               (including as a volunteer settlement conference
PANEL                                                               panelist).
   1. This program is intended to promote the use of
      mediation in civil cases where one or more litigants       10. Co-mediators may be assigned to a case. In that cir-
      cannot afford market rate mediation, to create                 cumstance, only one of the two assigned mediators
      an opportunity for mediators to provide a public               must meet the education/experience requirement of
      service, and to allow new mediators to train and               the preceding paragraph.
      practice dispute resolution skills.
                                                                 11. There is no requirement that an assigned mediator
    2. The Marin County Bar Association will maintain                be a member of the MCBA or of MCBA’s Alternate
       a list of qualified mediators who are willing to              Dispute Resolution (ADR) section. No special
       handle four-hour mediations on a pro bono basis.              treatment or advantages will be provided to MCBA
       If mediations run more than four hours, mediators             or ADR section members.
       would have maximum per-hour charges for con-
       tinued mediation services, the amount to be set by        12. There is no cost for mediators to be listed as a
       the MCBA. A mediator may reduce but may not                   panelist.
       exceed the maximum charge. The mediator may               13. Mediation participants will sign standardized
       not charge for services unless all litigants agree            forms, including a confidentiality agreement, which
       to continue beyond the first four hours and to the            will be provided by the MCBA for this purpose.
       mediator’s hourly rate.
                                                                 14. Panelists may identify one or more practice areas
    3. The list will be posted on the MCBA’s web site.               for mediation. The MCBA will attempt to match
       At the court’s discretion, the list may be available          panelists’ practice areas with the subject matter of
       in civil courtrooms. Participating mediators may              the litigation. For example, if the case involves real
       include in their listing biographical information, in         estate, a MCBA mediator who has identified “real
       a form determined by the MCBA.                                estate” as his/her mediation practice area may be
    4. Each participating litigant will pay $150 to the              assigned to that case. Otherwise, mediators will
       MCBA to defray the costs of managing the pro-                 be assigned randomly or in rotating order to avoid
       gram, comparable to the fees paid to the Bar As-              overloading certain panelists, or creating an ap-
       sociation of San Francisco for participation in its           pearance of favoritism.
       “Early Settlement Program.” Where one or more             15. Assigned mediators shall be bound by Evidence
       parties’ interests are aligned (e.g., spouses in a real       Code confidentiality rules, Rules of Court for court-
       estate dispute) only one fee will be required from            connected mediations, and all other rules applicable
       the aligned parties.                                          to market rate mediation.
    5. Mediations may take place in the MCBA office, as          16. The program is voluntary. The court can encourage
       needed, subject to availability.                              but cannot compel participation in this mediation
    6. Participation in the program is not available where           program.
       all parties are represented by attorneys who are
                                                The Marin Lawyer
(President’s Message, continued from page 1.)
  •	 We rightfully recognized Retired Judge Richard               Annual CLE Fair, which not only received rave re-
     Breiner as among the very best of our own legal              views but also had the highest attendance we’ve seen
     community by awarding him the inaugural MCBA                 so far. Thanks to President-Elect and CLE Commit-
     Lifetime Achievement Award. Thanks to Gary Rag-              tee Chair Joel Gumbiner and to committee members
     ghianti, Dave Feingold and Eric Sternberger for              Sara Allman, Phil Green, Pedro Oliveras, Jessica
     making that event truly special, and to Judge Breiner        Pliner, Dorothy Proudfoot, Larry Strick, Francine
     for being so worthy.                                         Ward and Karen Worth. And. And thank you to
  •	 We took a pledge to support the LGBT members of              the many speakers and participants, including from
     our community. Thanks to Barbara Monty for bring-            our bench Judge Chernus, Judge Haakenson and
     ing the pledge to the Board’s attention and for raising      Judge Ritchie, for their time spent educating us.
     awareness about that important issue.                     •	 In collaboration with the Marin County Office of Edu-
  •	 We awarded three more legal scholarships to deserv-          cation, we organized another successful public edu-
     ing candidates with roots—and we hope futures—in             cation program in connection with Law Day, entitled
     Marin. Thanks to Scholarship Committee members               “Parents, Teens and the Law.” Thanks to Charlie
     Otis Bruce, David Brown, Eric Sternberger, Eliza-            Dresow and the Public Outreach Committee for their
     beth Brekhus, Charlie Dresow and Scott Rogers for            hard work on that important event.
     their continued good work.                                •	 We volunteered to coach, score and judge the annu-
  •	 We created a new Pro Bono Committee, which has               al Marin County Mock Trial program, and we once
     already done great work in our community. Thanks             again donated money to help support that important
     to Colleen Shaw for the inspiration and to committee         youth program. The number of volunteers from the
     members Paul Cohen and Elizabeth Brekhus.                    MCBA and the Marin Superior Court is impressive,
  •	 We joined the Open Courts Coalition and attended             and way too long to list here (see the March issue of
     rallies in support of adequate funding for the Judicial      The Marin Lawyer).
     Branch, a fundamentally important goal. Thanks to         •	 Our newly redesigned Ethics Committee has launched
     Joe Dunn for his time on the phone and to Dorothy            a regular newsletter feature highlighting ethics opin-
     Proudfoot and David Brown for helping to educate             ions that our members should know about. Thanks to
     the Board about the topic.                                   committee Chair Francine Ward and the committee
                                                                                                                   (Continued on page 10)
  •	 We joined, and were recognized for being an early sup-
     porter of, the Campaign for Justice. Thanks to Judge
     Jack Sutro (ret) and Elena Enzweiler of the Califor-
     nia State Bar for bringing the campaign to our atten-                            Arbitration
                                                                                       Ivan Weinberg
     tion, and to each of you who joined the campaign.                                Specializing in Healthcare Issues

  •	 In addition to our wonderful annual Judges’ Lunch
     and Legal Aid’s Pro Bono Appreciation Luncheon,
                                                                                     • Medical Malpractice
                                                                                     • Personal injury
                                                                                                  Ivan Weinberg
                                                                                     • Products Liability
     we welcomed the following terrific group of speak-
     ers at our general membership meetings: California
                                                                                     • Elder Abuse
                                                                                                     Center Mediator/Arbitrator
                                                                                     • Peer Review Specializing in Healthcare Issues
                                                                                     • Medical Issues in Family Law
     Supreme Court Justice Goodwin Liu, the Honor-               Santa Rosa • San Rafael • Your Location
                                                                                   • Medical Malpractice
                                                                 • 35 Years Civil Litigator
     able Vaughn Walker, Super-Agent Leigh Steinberg,                                                 • Personal injury
                                                                 • Member: American Board of Trial Advocates
     Supreme Court Expert and Hastings Law Professor                                Ivan Weinberg
                                                                 • JD: UCLA Law School                • Products Liability
                                                                 • MS: UC Berkeley, Health & Medical Sciences Abuse
                                                                                                      • Elder
     Rory Little, mindfulness expert Edith Kelly Poli-                               Mediator/Arbitrator
                                                                 • BA: Stanford, Biological Sciences
                                                                                              • Peer Review
     tis, and U.S. Congress Representative-Elect Jared                     Specializing in Healthcare Issues
                                                                     Arbitration and Mediation CenterIssues in Family Law
                                                                                           • Medical
     Huffman. Many thanks to Eric Sternberger and                        Santa Rosa • Larkspur • Your Location
                                                                    • 35 Years Civil Litigator
     Dave Feingold for their excellent and tireless efforts               For scheduling, please contact the Center:
                                                                    • Member: American Board of Trial Advocates
     as Program Chairs.                                                 31 D Street Suite 300, Santa Rosa, CA 95404
                                                                    • JD: UCLA Law School
                                                                Ph 707-525-9409 • Fax 707-542-0215 • Web
  •	 We joined the Los Angeles County Bar Association’s             • MS: UC Berkeley, Health & Medical Sciences
     amicus curiae brief in In re Garcia on Bar Admission,          • BA: Stanford, Biological Sciences
     supporting Mr. Garcia’s admission to the California                   Arbitration and Mediation Center
                                                                                             Elder abuse
                                                               •	 Medical Malpractice •	 Larkspur • Your Location
                                                                              Santa Rosa •
                                                               •	 Personal Injury         •	 Peer Review
  •	 In March, the Diversity Section organized and hosted                     For scheduling, please contact the Center:
                                                               •	 Products Liability      •	 Medical Issues in Family Law
     a trip to the Marin Symphony Family Concert for a                     31 D Street Suite 300, Santa Rosa, CA 95404
     group of young boys involved with Performing Stars               For scheduling, please contact the Center:
                                                                  Ph 707-525-9409 • Fax 707-542-0215 • Web
     of Marin. Thanks to Alan Charmatz for organizing                               Suite
                                                               111 Santa Rosa Ave., E-mail202 • Santa Rosa, CA 95404
                                                                       Ph 707-525-9409 • Fax 707-542-0215
     that fun and worthwhile event!                      •
  •	 We co-hosted with MCWL the very successful Fifth
                                                The Marin Lawyer
(President’s Message, continued from page 9.)
                                                                 thing we did and acknowledged everyone who deserves
     members Peter Brekhus, John Feeney, Travis Neal,
                                                                 it. Every Board member, every section chair, every com-
     Andy Perez and Romy Taubman for their work.
                                                                 mittee member and many others have given of their time
  •	 Our sections have been consistently active in pro-
                                                                 and energy, and all of those efforts have collectively made
     viding meetings, mixers and mentor groups to keep
                                                                 for a terrifically productive and positive year. Thank you
     their members connected and informed, and thanks
     to Brent Kaspar we added a new section for the tax
     lawyers among us.
  •	 In sporting news, Co-Chairs John Corcoran and               (Annual Judge’s Lunch, continued from page 1.)
     Nicole Cabalette of the Business Law Section orga-          lenging financial picture of the courts. While noting that
     nized a fun outing to watch the San Rafael Pacific’s        due to the tremendous and tireless efforts of Court Admin-
     play ball, and Lou Franecke and Phil Diamond once           istrator, Kim Turner, the Marin County courts have been
     again organized our annual golf event, with wine            able to weather the financial crisis much better than other
     awarded to the winning team.                                jurisdictions, Judge Ritchie sounded the alarm bell. There
  •	 And finally but certainly not least, our newsletter con-    is a possibility that the Marin courts’ financial conservatism
     tinues to provide great and timely content relevant to      may not benefit to our local legal community for much
     our members. Thanks to all this year’s guest editors, but   longer, and instead that our savings may be redistributed
     most of all to Series Editor Kate Rockas for once again     to other jurisdictions that have had and are continuing to
     doing excellent work in that hard and important job.        have significant financial challenges. (With the passage of
                                                                 Proposition 30, the risk of this has been reduced.)
     Both due to all the good stuff above and more, and to             To deal with the continuing and perhaps worsening
the tireless outreach of our Membership Committee head-          financial picture, Judge Ritchie noted the joint efforts of
ed up by Secretary Randy Wallace and including Board             the MCBA and the Courts in developing the Discovery
Member Jessica Pliner, our membership has grown to               Facilitator Program, which is intended to reduce the number
just shy of 750 members.                                         of discovery motions from the courts’ calendar. While in
     Organizationally, we made a number of important             its nascent stages, Judge Ritchie expressed that there are
changes that are less visible to membership but help to          positive signs that the program will have its desired effect.
make us a stronger organization. Those changes included          Along the lines of the Discovery Facilitator Program, Judge
revamping the MCBA committee structure to be more ef-            Ritchie thanked attorney volunteers who serve in programs,
ficient and meaningful, switching to a July 1 through June       including Small Claims Court and as settlement conference
30 fiscal year, and substantially improving our financial        panelists, and encouraged even greater involvement.
reporting process. The improvements to our financial re-               Finally, information was provided regarding the cur-
porting are due to the hard work of Treasurer Elizabeth          rent status of juridical assignments for 2013. Judge Paul
Brekhus, who lead up that effort, and Scott Rogers, Paul         Haakenson will be moving to the civil department after
Cohen and Robynn Gaspar.                                         years of service in the criminal department. Judge Haak-
     Thanks to Matt White for serving faithfully and ex-         enson will be assuming Judge Faye D’Opal’s docket, and
pertly as both 5-Year Past President and Chair of the            Judge D’Opal will be transitioning to the juvenile and pro-
Bench Bar Administration of Justice Committee. And               bate departments, while Judge Terrence Boren returns to the
thank you for the years of service to Pedro Oliveros, Eric       criminal department. We wish them all a lot of success in
Sternberger and Riley Hurd, who have completed their             their new assignments. Judge Ritchie also commented that
terms and are leaving the Board this year.                       there would be some consolidation in the criminal depart-
     All of the positive things above and more happened          ments, with more details on that from the court to follow.
because of the active contributions from our members, di-        Other judicial assignments will remain the same.
rectors, officers, committee members and section chairs,               A special thanks to Judge Ritchie, and all the other
all with the support of our MCBA staff. Robynn Gaspar            judges, for making this year’s Judges Lunch another suc-
and Jan Salas support all of our efforts, and are instrumen-     cessful and informative event.
tal in planning events, communicating with our members,
operating our Lawyer Referral Service and many other
important functions. And, this year, they coordinated our          The Marin County Bar Association
move to a new office. Many thanks to Robynn and Jan,                         wishes you a
and please thank them when you see them.

                                                                      Happy New Year
     I truly enjoyed working closely with all the people
acknowledged here. And, I want to emphasize that this
article would be far too long if I mentioned every good

                                             The Marin Lawyer

sIgn uP noW To sErVE on an MCBa sTanDIng CoMMITTEE

To:   Members of the Marin County Bar Association
From: President-Elect Joel Gumbiner
Re:   2013 Standing Committees

        Each year your Marin County Bar Association seeks members to serve on its standing committees. Committees
cover all types of activities such as innovating new legal education opportunities for members, liaisons to the Marin
Bench, oversee client fee arbitrations, monitor and comment on new legislation, create community service and outreach
opportunities for members, and many other functions of the MCBA.

    Members who participate in committees meet and work with other members, make professional connections,
network and provide a valuable service to the Bar, Bench and the public.

    Committee functions are described at Exhibit A of the MCBA Bylaws:
Current committee members are found at

     The President appoints the chairperson of each Committee for a one-year term and the committee members for
three-year terms.

     Please give serious consideration to volunteering your time this year to chair or serve on a committee. Just mark
up to three committees on this sheet in your order of preference. If you have no preference, but are willing to serve,
please so state.

     Committee appointments will be made in January 2013. Please return this form to MCBA no later than December
28, 2012 by mail to 101 Lucas Valley Road, Ste. 326, San Rafael, CA 94903; by FAX (415) 499-1614; or by email:

    If you have any comments or suggestions regarding Bar activities, please contact me personally or use the com-
ment lines below. I thank all our members for their continued support and service.

    ___ Bylaws                                         ___ Bench Bar and the Administration of Justice

    ___ Client Relations                               ___ Continuing Legal Education

    ___ Ethics                                         ___ Judicial Evaluation

    ___ Judicial Fairness                              ___ Lawyer Referral Service

    ___ Legislation                                    ___ Library

    ___MCBA Legal Education Scholarship                ___ Membership & Member Benefits

    ___ Pro Bono Committee                             ___ Program

    ___Public Outreach

    Name: ___________________________________________________________

    Comments: _________________________________________________________________________________
                                                  The Marin Lawyer
(Howell, continued from page 2.)
ond, admission of such contracts would require revealing           In Howell, the Supreme Court stated: “We express no
plaintiff’s possession of and investment in health insur-          opinion as to [the] relevance [of the full billed amount] or
ance, violating the collateral source rule.                        admissibility on other issues, such as noneconomic dam-
      Reduced payments pre-negotiated by agreement                 ages or future medical expenses.” Howell at p. 559 [em-
between a health insurer and a contracted medical pro-             phasis added].
vider’s services are terms of a written contract between                 If the jury awards medical expenses to the plaintiff for
the plan and the medical provider. Such agreements are             bills which the providers have accepted lesser amounts as
statutorily defined as “Alternate rate contracts.” (Ins.           payment in full, a post-verdict motion, subject to the rules
Code § 10133; 10133.6; Health & Safety Code § 1373.)               of evidence, is the proper procedure to determine whether
The “agreement” identified by the Howell court at p. 548,          any reduction is appropriate.
an agreement between the insurer and plaintiff’s insurer                 Philip C. Snell is a partner with the firm of Ragghi-
and his medical providers to accept “an amount less than           anti | Freitas LLP, where he practices exclusively plain-
stated in the provider’s full bill [...] as full payment for the   tiff’s personal injury law. He is a former president of the
plaintiff’s care,” is the content of a writing.                    Marin Trial Lawyers Association, former member of the
      “The content of a writing may be proved by an other-         MCBA Board of Directors and is a member of the Con-
wise admissible original” (Ev. Code § 1520) or unedited            sumers Attorneys of California.
copies of the original (Ev. Code § 1550), but not, gener-
ally, by oral evidence (Ev. Code § 1523).                          (Endnotes)
      Thus, the reduced figures must be excluded from in-          1 The rule in Howell is limited to situations where there are
troduction into evidence as hearsay, confusing, prejudi-           preexisting contracts between care providers and insurance
cial and improper.                                                 carriers where the carrier will pay an amount in full satisfac-
      The law upholds admitting the full billing from the          tion of a larger billed amount, and by analogy to Medical and
provider into evidence. The full amount of the bills for           Medicare. It does not affect HMOs such as Kaiser.
medical services is relevant to a jury’s assessing and de-         2 Reasonableness of the charges may be proven by the plain-
                                                                   tiff’s testimony that the bill was paid. (Jones v. Dumrichob
termining general damages. “[T]he cost of medical care
                                                                   (1988) 63 C.A.4th 1258, 1267-1268)
often provides both attorneys and juries in tort cases with
an important measure for assessing the plaintiff’s general         (Jobs Act, continued from page 3.)
damages. (Helfend v. Southern Calif. Rapid Transit Dist
(1970) 2 Cal.3d 1, 11.) “There is no reason to assume              has belatedly proposed rules to make this change effective.
that the usual rates [charged for medical services to treat        State regulators and others have expressed concerns with
injuries] provided a less accurate indicator of the extent of      the proposed rules for fear that advertising will weaken
plaintiff’s injuries than did the specially negotiated rates       existing investor safeguards and lead to increased invest-
obtained by [the health insurance company]. Indeed, the            ment fraud. Given the straightforward mandate in the
opposite is more likely to be true.” (Nishihama v. City            JOBS Act, the SEC has little leeway in repealing the ban
and County of San Francisco (2001) 93 C.A.4th 298, 309).           on advertising. Despite their stated concerns, the SEC and
                                                                   states will retain tools necessary to police these offerings
                                                                   through existing anti-fraud regulations.
               to place an ad in                                        Both the crowdfunding exemption and advertising

          The Marin Bar                                            provisions, and the JOBS Act in general, were enacted in
                                                                   spite of vocal opposition by SEC commissioners, some state
                                                                   regulators and certain industry groups. The SEC has been
         Association 2013                                          clear that it will carry out its rulemaking obligations at its
                                                                   own pace, not necessarily within the timeline specified in
         Member Directory                                          the Act. It remains to be seen whether the implementing
                                                                   rules make these attractive tools for businesses looking for
                        contact                                    outside sources of capital.
                                                                        Jack G. Martel is a partner in Ragghianti | Freitas
              Pat Stone, Express Printing
                                                                   LLP. He has over fifteen years corporate, transactional,
               Phone: (707) 585-3248                               and securities experience with a focus on representing
              E-mail:                            investment advisers, fund managers, and others in the
                                                                   investment management industry.
                                                 The Marin Lawyer
(Director Spotlight, continued from page 7.)
      TML: Tell us about your family.                            economic downturn commenced. I was so appreciative of
      PC: My family starts with my domestic partner of           the offer and I have not regretted taking on this position for
18 years. We purchased our home from her great aunt’s            more than just a few moments in the last 6 ½ years.
estate and we consider ourselves married by mortgage. I
also have a 22 year old daughter. She arrived the morning              TML: What was the best/worst/strangest experience
after the third day of the Bar Exam, timing is everything        in your career? Please describe.
so I had a built-in paternity leave while waiting for results.         PC: The best experience was a moment in my first
The remainder of my family is located on the East Coast          jury trial defending an eviction when I had created the
between Connecticut, New York and Pennsylvania. I try to         foundation to prove that the plaintiff’s testimony was
go back 1-2 times each year to visit my mother, 2 brothers       untrustworthy. It was done through photos and when the
and their families. If I am lucky, the weather will be right     judge overruled an objection as to a photo’s admissibility,
for a golf outing and/or a baseball game somewhere.              I literally jumped up from side bar and extracted the under-
                                                                 mining testimony. Of course the verdict for the defendant
     TML: If you could pursue any other career besides           was a great moment as well.
law, what would it be and why?                                         The worst moment was learning of the death of one
     PC: I have a passion for old stuff (baseball cards, an-     of my older clients. I still do not know how to prepare for
tiques and all kinds of collectibles). I think I would either    that feeling of loss given the level of trust and commitment
like to be an estate appraiser or I would want to own an         that we had shared.
antique and collectibles cooperative. I think I would need             The strangest was when I was told by my former
some investors and a good administrator, but my role as          agency that I was going to be the Interim Executive Di-
Executive Director has prepared me to take on such an            rector while the Director was on a medical leave for three
endeavor should retirement from the law present itself as        months and I had no choice in the matter. That agency was
an option one day.                                               really struggling financially and it was my job to keep it
                                                                 together until the Executive Director returned. I was just
     TML: Why did you join MCBA and become a                     a housing attorney with a lot of opinions so it was a whole
Director?                                                        new world I was entering. The good news was that, after
                                                                 three months, I had the confidence to pursue this job at
     PC: Legal Aid of Marin was started back in 1958 by
                                                                 Legal Aid of Marin.
a handful or two of the members of the MCBA. I felt the
connection between what Legal Aid of Marin now does
for the community and what MCBA continues to do for                    TML: Please tell us something about your work at
the community needed to be stronger. After one year on           Legal Aid that the MCBA members probably were not
the Board, I believe the relationship has significantly im-      aware of?
proved including the creation of a Pro Bono Committee                  PC: Some of the members of MCBA may recall a
and the joint participation in a Tomales Legal Clinic in         regular occurrence on the 80’s TV Program - LA Law
July. There are so many levels that the relationship can be      called case review where the partners debated over which
mutually beneficial and I look forward to the rest of my         case (no matter how absurd) that they would take. Legal
time on the Board.                                               Aid of Marin has a similar meeting almost every Friday
                                                                 morning. Every week our agency sees between 25 – 40 new
     TML: If you had to pick a single highlight of your          prospective clients and we have to decide as a staff how to
career, what would it be?                                        help each individual and what level of service we are able
                                                                 to offer. This is the place where many pro bono placement
     PC: The single highlight was being selected to lead
                                                                 eligible cases are generated. The stories range from tragic
this now 54 year old organization in the place of an Execu-
                                                                 to hilarious as we determine whether to provide advice and
tive Director that has served Marin as both a Commissioner
                                                                 counsel, some brief service, negotiation, representation or
and now an elected Judge. The Legal Aid of Marin Board
                                                                 a referral. We generally get through this meeting in about
of Directors put great faith in me and I had not yet proven
                                                                 1 hour. I am often amazed at the sensitivity, detail and
myself as either a community leader or an administrator.
                                                                 appropriate sense of humor that my staff brings to this
The hiring process took nearly six weeks and the Board and
                                                                 meeting. Interacting with my staff at this level is one of
I had very candid conversations about the challenges I
                                                                 the highlights of my week.
would face. This was still more than 18 months before the
                                              The Marin Lawyer

     nEW MEMBErs                                       ChangE of sCEnE

  Robyn Christo                                         Nadine R. Aarsheim
  Gaw Van Male                                          Nadine R. Aarsheim, Attorney at Law
  1261 Travis Bl., Suite 350                            215 Corte Madera
  Fairfield, CA 94553                                   Corte Madera, CA 94925
  707-252-9000 Fax: 707-252-0792                        415-322-3023                     

  Reginald Hindley                                      Marta B. Galeano
  Law Offices of Reginald Hindley                       Law Offices of Marta B. Galeano
  718 Orchard Street                                    4340 Redwood Hwy, Suite E354
  Santa Rosa, CA 95404                                  San Rafael, CA 94903
  707-575-8832 Fax: 707-575-3020                        415-485-1300 Fax: 415-485-2992                        

  Laurie Joyce                                          Richard Helzberg
  415-260-2874                                          Law Offices of Richard Helzberg                               770 Tamalpais Drive, Suite 306
                                                        Corte Madera, CA 94925
  Edward Joseph Wynne                                   415-924-8870x22
  Wynne Law Firm                              
  100 Drakes Landing Road, Suite 275
  Greenbrae, CA 94904                                   Christina Sherman
  415-461-6400 Fax: 415-461-3900                        Law Office of Christina Sherman                               1005 A Street, Ste. 310
                                                        San Rafael, CA 94901
                                                        415-457-4367 Fax: 415-457-4368
CaLEnDar DETaILs                              
December 13, 2012                                       Kip Evan Steinberg
Holiday Party                                           Law Offices of Kip Evan Steinberg
Resolution Remedies, 1000 Fourth Street, 8th Flr,       1299 4th Street, Suite 202
San Rafael                                              San Rafael, CA 94901
RSVP to                             415-453-2855 Fax: 415-456-1921
5 – 7 pm                                      
December 17 , 2012
Intellectual Property Section Meeting
Brown Bag Meeting
Allman & Nielsen, PC
100 Larkspur Landing Cir., Ste 212, Larkspur
Contact - - 415-461-2700
12 – 1:30 pm

January 10, 2013
Joint Meeting of Construction Law Section and Real
Property Section
Save the Date.                                              Deadline for submission of articles,
The Embassy Suites                                            ads, inserts, and announcements
RSVP by 1/4/13 to              is the 15th of each month. Thank you.
12 – 1:30 pm
                                                       The Marin Lawyer David Hellman Marin Bar ad 2008

ThE MarkETPLaCE                                                                         Use the 1031 Exchange
                                                                                   Intermediary Other Intermediaries
                                                                                            Call for Advice!
Anyone wishing to advertise in the Marketplace should send their                  David Hellman, 1031 Exchange Expert at
                                                                                  MARIN COUNTY EXCHANGE COR PORATION
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:                        A Qualified Intermediary Providing . The ad should be no longer than 25 words                 Real Estate Exchange Services and Expertise
and paid in advance. For each additional word add $1.                        with over 3,000 Exchanges facilitated since 1984
                                                                     David M. Hellman, President                           TEL: (415) 457-4411
                                                                     Attorney & CPA                                        FAX: (415) 457-0356

                                                                                                       Drunk Driving
                     Phil Diamond is a talented, hard
                     working mediator, who is committed
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                     to shepherding all matters through
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  •	 Construction and Real Estate       •	 Professional Liability
  •	 Commercial and Residential         •	 Insurance                            MItChell, heDIn, BreIner,
     Landlord/Tenant                    •	 Product Liability
  •	 Business Disputes and Litigation   •	 Wills and Trusts                      ehlenBaCh & BUrglIn
  •	 Employment                         •	 General and Toxic Torts                    Courthouse Square
  •	 Bodily Injury                      •	 Investor Claims                         1000 Fourth St., Suite 570
                                                                                     San rafael, Ca 94901
     4040 CiviC Center Drive, Suite 200, San rafael, Ca 94903
        Telephone: (415) 492-4500 • Fax: (415) 388-8257                                   (415) 453-0534
                                                                               Author: Calif. Drunk Driving Law
               CLE COMPLIANCE 2013                                             A-V Rated - Martindale Hubbell TM
                   GROUP 2 (A - G)                                              Board Certified in DUI Defense
               Period: 2/1/2010-1/31/2013
MCLE “Regular” Requirement [Rule 2.72]
Total hours required every three years: 25 hours
Maximum “self-study” hours: 12.5 hours
Members must fulfill at least one-half of their MCLE
requirement with activities approved for “participatory”
MCLE credit.
                                                                     MIssIon sTaTEMEnT of ThE MarIn
Special Requirements within the total hours required                       CounTY Bar assoCIaTIon
                                                                     OTIS BRUCE, JR
(may be taken as participatory or self-study):                              To involve, encourage, and support
                                                                      JESSICA KARNER
Legal Ethics: 4 hours (required)                                      Secretary
                                                                                 bar association members,
                                                                      ELIZABETH BREKHUS
Detection/Prevention of Substance Abuse or Mental Ill-
ness: 1 hour (required)                                              to serve as a liaison to the Marin County courts,
                                                                      JOEL GUMBINER
Elimination of Bias in the Legal Profession: 1 hour                         and to educate the community and
                                                                      Past President
(required)                                                                   enhance access to legal services.
                                                                      BETH JORDAN
                                                                      5 Year Past President
                                                                      LEONARD A. RIFKIND
                                                                              The Marin Lawyer    FIRST CLASS
Marin County Bar Association                                                                      U.S.POSTAGE
101 Lucas Valley Road, Suite 326                                                                      PAID
San Rafael, CA 94903                                                                               PERmIT #51
                                                                                                 ROhnERT PARk
                      published by                                                                 CALIFORnIA
            The Marin County Bar Association                                                     DaTED MaTErIaL
            415-499-1314 Fax 415-499-1614
                  MCBA Officers
 Jessica Karner           President
 Joel Gumbiner            President Elect
 Elizabeth Brekhus        Treasurer
 Randy Wallace            Secretary
 Otis Bruce, Jr.          Past President
 Matthew N. White         5 Year Past President
                 Board of Directors
 David I. Brown           Paul Cohen
 Charles Dresow           Riley Hurd
 Lisa Spann Maslow        Barbara Monty
 Pedro Oliveros           Jessica Pliner
 Dorothy Proudfoot        Kate Rockas
 Scott Rogers             Barrett Schaefer
 Eric Sternberger         Lawrence Strick
 Francine Ward
 Executive Director                   Robynn Gaspar
 Production                           Express Printing
 Advertising                          Pat Stone
 Printed on recycled paper with vegetable oil based inks.
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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