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									        The Marin Lawyer
                                                                The Marin Lawyer

                                       An Official Publication of the Marin County Bar Association
                                       An Official Publication of the Marin County Bar Association

 December 2007                                                                                                 Volume 38, Issue 12

                                         PRESIDENT’S MESSAGE
                                         STATE of ThE ASSoCIATIoN
                                         By Jeffrey H. Lerman                                        Calendar of Events
                                                                                                      December 1st
                                                                                                      Annual Board Retreat
                               In this, the final President’s Message of my                           9:30 am - 4 pm
                          term, it has been the custom for my predecessors
                          to recap and do a “year in review”. However,                                December 11th
                                                                                                      Family Law Section Holiday Party
                          since this is the end of the first year of the MCBA                         RSVP to David Block 485-2200
                          three-year Strategic Plan, I thought a “State of the                        5 pm McInnis Park
                          Association” report might be more appropriate.
Because this should not be just a rose-colored glasses look-back at what has                          December 12th
                                                                                                      Holiday Party : The Marin County Bar
been accomplished during my tenure, but rather a clear-eyed evaluation of                             Association cordially invites you to
where MCBA stands in its implementation of its new Strategic Plan.                                    attend our Holiday Party Dec. 2 from
                                                                                                      5:30 pm - 7:30 pm.
                                                                                                      Location: The Board Room, 20 Nye
   The State of the Association is strong, yet with much room for                                     Street, 3rd Flr., San Rafael (Please call
                                                                                                      459-300 if you need directions)
improvement.                                                                                          With Beverages, Spirits and Appetizers
                                                                                                      generously provided by:
                                                                                                      The Law Offices of Rowland &
     On December 3, 2006, MCBA embarked upon the creation of its                                      Chambers
Strategic Plan. Over the ensuing months the skeleton was fleshed out in a                             The Law Offices of Krause & Baskin
detailed “matrix” setting forth MCBA’s long-range vision, goals, definitions                          Eric Sternberger, Attorney at Law
                                                                                                      Join us for some holiday cheer!
of success, action items, next steps, responsibilities, time frame and status                         NO COST
report and comments (see President’s Message - “The Matrix Reloaded”,                                 Please RSVP via e-mail to
April 2007 at pages 2, 0-4). Over the months that followed, the Board                     
has been developing benchmarks to gauge MCBA’s progress over the next                                 Look for details each month in
                                                                            (Continued on page 8.)    The Marin Lawyer

In This Issue                                              ThE SoCIAL hoST oRDINANCE
Law and Balanced Life ...........................2         By Jack Govi, Assistant County Counsel*
Court Website ........................................ 3
Spotlight on Neil Sorensen ................... 4                Assistant County Counsel Jack Govi is the
MCBA Standing Committee ................. 5                author of Marin County’s now-famous Social
Volunteer for a State Bar Committee .... 6
                                                           Host Ordinance, which deals with the problem of
                                                           underage drinking. In this article, Jack shares
Attention Criminal Attorneys................ 6
                                                           his insight into what the Ordinance is, why it was
Annual Holiday Party ........................... 7
                                                           adopted, and how it has been working.
MCLE Compliance Deadline.............. 6
New Members/Change of Scene ......... 8
                                                                What is the Social Host Ordinance?
The Marketplace ................................. 9

 Renee Giacomini Brewer was guest                             Simply put, the Social Host Ordinance is
 editor of this issue of The Marin Lawyer.
 Philip R. Diamond is Series Editor for 2007.              Marin County’s attempt to address the crucial             (Continued on page 11.)
                                               The Marin Lawyer

                                                              this urge to grow, is present in all living things. In San-
                           LAW AND ThE                        skrit it is referred to as moksha, in Western psychology
                           BALANCED LIfE:                     it has been called the drive toward individuation or self-
                           ARE ThEy                           actualization. It is the natural, evolutionary drive that
                           CoMPATIBLE?                        impels the acorn to become an oak tree, and that impels
                           By Stephen H. Sulmeyer, J.D.,
                                                              the individual human being to develop in a way that
                                                              best expresses the natural predilections and uniqueness
                               "If you bring forth what       of that individual. Only by following the call to growth
                          is within you, what you bring       that emerges from the depths of our being can we find
                          forth will save you. If you do      balance. The alternative is stagnation, arrested develop-
                          not bring forth what is within      ment, a state of meaninglessness, malaise, emptiness,
you, what you do not bring forth will destroy you."           deadness—however well or poorly we might try to hide
                                                              such a state from ourselves.
                   – The Gospel According to Thomas

                                                                   For many of us, the challenge presented by the indi-
      Having a balanced life requires that we find an inner
                                                              viduation drive has to do with making the leap from our
refuge within the hurricane of daily life, impregnable to
                                                              adolescent self to our adult self. To grossly oversimplify
the events of both our outer and inner worlds. It’s not
                                                              the situation, most of us have personalities that are in
about making room for exercise, or a date night once a
                                                              essence a series of maturational accretions layered on
week with your spouse, although that can be part of it.
                                                              top of a foundation that was set in place in high school
Meaningful balance is about creating a refuge within
                                                              and college. Many of us are, in other words, seasoned
ourselves of peace, solace, relaxation, and deep mean-
                                                              adolescents masquerading as adults—and many of us
ingfulness, where we get to be truly ourselves, to truly
                                                              feel that way, at least some of the time. This adolescent
relax, to feel supported and nurtured and safe. It is the
                                                              self contains within it unexamined dynamics from our
place inside where we know without doubt, “here I can-
                                                              earliest years, including what I call the deficient self
not be harmed.” True balance is about freedom from                                                (Continued on page 13.)
domination by external and internal events—not only
our cases and clients, our deadlines and task-lists and
billable hours, but also our self-doubts, our fears, and
the attacks of our inner critic. The problem is that we
tend to be consumed by our focus on particular inner or
outer events (or both), and often end up feeling under
siege or overwhelmed. The inner abode is a constant,
living reminder that we are more than a puppet reacting
to events; that we are not actually in danger; that we are
never truly disconnected from the inner peace that is the
source of our strength and well-being. Balance doesn’t
mean dissociating from the inner and outer forces that
assail us, but rather transcending them and their effects
on us. We all yearn for this freedom, not because we
all seek escape necessarily, but because the self-mastery
this freedom requires is part of our provenance as mature
human beings. The work of creating the inner refuge, in
other words, is the work of personal growth.

     What this implies is that the only meaningful way to
have a balanced life is to address our fundamental need
to grow as human beings. That is, balance requires that
we accept life’s invitation to grow up into the mature
human beings we are capable of being. This invitation,
                                                 The Marin Lawyer

BRINGING ThE CoURT’S WEBSITE                                         Phase II enhancements are recently completed and
                                                                available on the website now. They are showcased in “new
INTo ThE 21ST CENTURy                                           links” on the Court’s home page. They include:
By Kim Turner, Executive Officer, Marin County Superior Court
                                                                     • On-line index, available for all cases that are not
     It’s time to share some encouraging news about the         confidential or sealed (excluding traffic cases). You may
Court’s website. Former Bar President Dan Harris and at-        use our on-line search feature to locate cases listed in our
torneys Sara Allman and Steve Nielsen surveyed many of          public index. You may search by case name, case number,
you last year to find out what was missing on our current       party name, date filed or case type. This new feature may
website. Then, they met with my staff and me to give us         save you a trip into the courthouse.
a ‘wish list’ of features that you would find helpful. While
improvements to the current format have taken more time               • Judicial department assignments, reflecting each
to complete than we would have liked, we believe you will       department’s assignment and schedule in a typical week. It
find recent changes helpful and proposed changes even           includes trial call and law and motion days, specialty court
more beneficial.                                                calendars, preliminary hearing days, and certain probate
                                                                and juvenile calendars. This schedule also gives you con-
     Our website enhancements are being rolled out in three     tact information for the department’s court reporter.
phases. Phase I improvements were completed several
months ago and include a ‘civil, family law, probate, small          • On-line transcript requests that allow you to
claims only’ court calendar view and civil and probate          contact staff court reporters directly, by email, without
tentative rulings over the internet. You may access these       going through the court reporter coordinator. If you need
features from the Court’s home page or through the indi-        a transcript from a pro tem reporter, you must continue
vidual web pages for court calendar and tentative rulings.      to contact the court reporter coordinator to forward those
                                                                requests to non-staff reporters.
                                                                                                     (Continued on page 15.)

                       Look for your invitation in the maiL
                                     The Marin County Bar Association
                                             cordially invites you
                                       to the 2008 Installation Dinner
                                  honoring President Edward S. Berberian
                                   and the Officers and Directors for 2008

                           Master of Ceremonies, Paula Kamena
       Swearing-in of Officers and Directors by the Honorable William Stephens (Ret.)

                                        Saturday, January 12, 2008
                                 6:00 p.m. Social Hour ~ Dinner 7:00 p.m.

                                           Mill Valley Community Center
                                                 180 Camino Alto
                                               Mill Valley, California

                                        R.S.V.P. by December 28, 2007
                                        Cocktail attire - “Old Hollywood”
                             Benefiting the Jeanette Prandi Children’s Center
                                             The Marin Lawyer

                           MEET yoUR DIRECToRS                   NS: I blame it on my wife, Pam. She is a native
                                                             Marinite. Seriously, I grew up in Santa Rosa, and ended
                           SPoTLIGhT oN                      up working here in the late 970s for the County of
                           NEIL SoRENSEN                     Marin. It is a beautiful place to live and raise a family.

                               	The Marin Lawyer decid-          TML: What do you love to do when you’re not
                          ed that it would be a good idea    busy practicing law?
                          to let the MCBA membership
                          get to know a little more about         NS: I love the outdoors; bike riding, snow skiing,
                          the MCBA Directors whom            hiking, anything outdoors. I also enjoy working with my
                          they elected, and who give         hands: woodworking or believe it or not home improve-
                         so much to make the MCBA            ment projects. It is very relaxing for me. I also spend a
a great, vibrant, organization. To that end, The Marin       lot of time with my family. All my children have been
Lawyer will run a series of articles, each focusing on a     very involved in sports, so Pam and I spend much of our
different MCBA Director or Officer. This month, our          free time attending sporting events.
spotlight is on Board Member Neil Sorensen.
                                                                 TML: Tell us about your family.
       The Marin Lawyer: What is your practice area?
       Neil Sorensen: I practice real estate and land use
                                                                 NS: Pam and I have been married for 25 years.
                                                             We have three children: a daughter and two sons. Our
                                                             daughter, Stacey, is a senior at Cal Poly San Luis Obispo.
       TML: Do you have a particular niche?                  Clay is a sophomore at UC Santa Cruz, and our youngest,
                                                             Nate, is a senior in High School.
     NS: I spend a good deal of time representing
property owners in all phases of the land development             TML: If you could pursue any other career besides
entitlement process, including CEQA compliance (envi-        law, what would it be and why?
ronmental impact reports), subdivision approvals, local
agency proceedings and litigation related to those areas.
                                                                  NS: I would develop and build houses. Like I said,
I also seem to get involved in quite a few boundary line
                                                             I enjoy building things.
and easement disputes. Finally, I do general real estate
transaction work – representing buyers and sellers.
                                                                 TML: Why did you join MCBA?
       TML: Why did you decide to become a lawyer?
                                                                  NS: I joined right after I started my practice in
                                                             Marin 2 years ago. I felt then, and still feel, that it is
     NS: The law is a second career for me. My under-
                                                             a great way to meet and network with your colleagues,
graduate degree is in environmental planning and prior                                            (Continued on page 16.)
to becoming a lawyer I worked for Los Angeles County
and Marin County for a total of about 8 years in the areas
of land use and environmental planning. As part of the
local planning process I had the chance to work closely
with several well respected lawyers, such as Al Bianchi
and Lee Jordan. I respected their work and decided to
go back to law school with the idea that I would practice
land use law. Here I am 22 years later.

       TML: Why do you live in Marin?

                                                The Marin Lawyer

    To:                 Members of the Marin County Bar Association

    From:               President-elect Ed Berberian

    Re:                 The year 2008 Standing Committees

    Each year the Marin County Bar Association seeks members to serve on its Standing Committees. In order to
maintain continuity on our committees, the president is allowed to make one appointment for a three-year term to each
Committee, and to name the chairperson of each Committee for a one-year term.

    With this in mind, we ask you to volunteer to assist in the operation of the Marin County Bar Association. Listed
below are the Standing Committees of the Association. Please mark three committees in your order of preference. If
you have no preference but are willing to volunteer your services, please state so.

     I would particularly like to encourage anyone with an interest in bringing program speakers before the Bar mem-
bership who will engage us all in a discourse on topics that will challenge us in our professional lives. I believe it vital
to have engaging public figures that will bring issues of interest to our region and local membership. The Program
Committee has this opportunity and challenge so I encourage those who want to contribute to this year's program events
to step forward and meet the challenge.

     It is my hope to make appointments to the Committee by the end of the year. Therefore, please return this form to
MCBA, 30 North San Pedro Rd., Ste. 40, San Rafael, CA 94903, or for your convenience you may FAX it to MCBA
at (45) 499-64 no later than December 5, 2007.

     If you have any comments or suggestions regarding Bar activities, please do not hesitate to contact me personally or
use the comment lines below to express your thoughts. I thank all our members for their continued support and service.

    ___ Membership                                       ___ Administration of Justice

    ___ Program/Entertainment                            ___ Insurance

    ___ Lawyer Referral Service                          ___ Continuing Legal Education

    ___ Legislation                                      ___ Public Information

    ___ Library                                          ___ Client Relations

    ___ Bylaws                                           ___ Law Day/Public Education

    ___ Marin Justice Center                             ___ Judicial Liaison (must be a Past President of MCBA)

    ___ Ethics/Unauthorized Practice


    Comments: _______________________________________________________________________________


                                               The Marin Lawyer

VoLUNTEER foR A STATE BAR                                      ATTENTIoN CRIMINAL
CoMMITTEE!                                                     ATToRNEyS
APPLICATIoNS foR 2008 – 2009 NoW AVAILABLE                           In an effort to respond to your requests for an "attor-
                                                               ney only" window in Dept. C-0, we have come up with
     Each year the State Bar of California offers attorneys    a solution that we hope will satisfy you on our busy days.
in California an opportunity to contribute to the legal pro-   On Mondays, Tuesdays and Fridays, when we hold Open
fession and the public by volunteering to serve on one of      Traffic Court, the lines in C-10 are very long in the morning.
the State Bar committees.                                      We have dedicated a window for criminal matters to relieve
                                                               the long wait for those who are not at the Clerk's Office to
                                                               sign up for traffic court. On Tuesdays and Wednesdays,
     This year the State Bar is recruiting applicants for 0   when we are not holding Open Traffic Court, there will be
standing committees, 6 section executive committees, and      no special designation for any windows and all members
5 special committees, boards and commissions. The State       of the public and bar will queue up in one line.
Bar's Board of Governors appoints approximately 50 - 200            The criminal window is for defendants who are trans-
new members every year, and strives to make appointments       acting business (paying fines, dropping off paperwork,
that will achieve diversity and broad representation of the    etc.) on their criminal cases and for attorneys represent-
California Legal profession.                                   ing criminal defendants. PLEASE NOTE THAT THIS
                                                               WINDOW IS AVAILABLE ONLY TO ATTORNEYS
                                                               AND DEFENDANTS ON MONDAYS, TUESDAYS
     The Board also makes annual appointments to three
                                                               AND FRIDAYS, as those are the only days when there
other entities – the ABA House of Delegates, the Judicial      is a significant wait time. Please let us know how this ac-
Council, and the Commission on Judicial Nominees Evalu-        commodation is working out for you.
ation (JNE Commission).                                              Kim Turner, Executive Officer
                                                                     Marin County Superior Court (45) 473-6237
     If you are interested and would like find out more    
about the open committee positions or you want to com-
plete an application, go to the State Bar Web site at www. and go to the “Attorney Resources” page and
click on “Committees and Commissions,” or call the State
Bar Appointments Office at 415-538-2299. You can also
write to:
     Appointments Office, The State Bar of California
80 Howard Street, San Francisco, CA 9405-639

     The deadline for committee applications is February
1, 2008.

                       The Marin Lawyer

                 HOLIDAY PARTY
                      THE MARIN COUNTY
                       BAR ASSOCIATION

          Cordially invites you to attend our Holiday Party

                  Wednesday, December 2
                            5:30 – 7:30

The Board Room, 20 Nye Street, Third Floor, San Rafael, California
        (Please Call (45) 459-300 if you need directions)

   With Beverages, Spirits and Appetizers generously provided by:

             The Law Offices of Rowland & Chambers
               The Law Offices of Krause & Baskin
                 Eric Sternberger, Attorney at Law

                  Join us for some holiday cheer!

                              No Cost

                     Please RSVP via email to:

                        See You There!

                                                 The Marin Lawyer
(President’s Message, continued from page 1.)
two years (see President’s Message - “The Kaizen of the          its st Annual Hot Topics in Law Practice Management For
MCBA”, July 2007).                                               the Solo and Small Firm Practitioner, its st Annual MCBA
                                                                 Golf Tournament, and its st Annual Career Day entitled
                                                                 “So, You Want To Be A (Public or Private) Lawyer…or
     MCBA has made significant progress in each of its five
                                                                 Judge…or Paralegal.” These events have offered new
main goals: (i) to preserve and expand MCBA member-
                                                                 opportunities for members to connect with each other and
ship; (ii) to foster connection and a sense of community
                                                                 become involved with the community. Moreover, new
among MCBA members; (iii) to enhance MCBA’s service
                                                                 membership management software has been identified to
and visibility in the Marin community; (iv) to strengthen
                                                                 enable better tracking of member participation at events
the bench-bar relationship, and (v) to build the Board’s
                                                                 to measure and compare performance from year to year.
governance capacity and implementing the strategic plan.
                                                                 But here, too, there is room to improve. Even without the
A brief overview follows.
                                                                 benefit of the tracking software, I have personally observed
                                                                 the number of members at General Membership functions
     MCBA has preserved its membership. MCBA is                  and CLE meetings, and I believe that attendance, while
holding steady at 645 members strong, and with an aging          decent, is below what I would have expected and hoped
demographic that’s significant. But MCBA research (thank         for given the caliber of the topics and world-class speakers
you, MCBA Executive Director Robynn Gaspar and her               offered. It would be better for the MCBA community if
assistant, Jan Salas) reveals we can do much better. Ac-         its members viewed these events not only as educational,
cording to the California State Bar website, there are 89       but also as networking, business development and social
active State Bar members showing Marin addresses who             opportunities, and if they turned out in greater numbers to
are not MCBA members…yet. Assuming that most of these            enjoy those benefits.
are office (vs. home) addresses, that’s a lot of potential new
members. Of those 89, approximately 825 appear to be
                                                                      MCBA’s service and visibility in the Marin community
under the traditional retirement age of 65 (judging from
                                                                 have also increased this year. This has been accomplished
their bar numbers and admission dates) and are, therefore,
                                                                 not only through two General Membership meetings fo-
“fair game” for the many benefits MCBA membership has
                                                                 cused on topics of vital interest in the local and national
to offer. That’s more than double our current member-                                                  (Continued on page 9.)
ship. That is both good and bad news. The good: there
is an abundant supply of potential MCBA members that
we can tap into to grow our membership. The bad: these
lawyers have most likely known about MCBA for years,
some for decades, and for whatever reason have not been
motivated to join MCBA and those may be tough minds to
change. Even more alarming is the fact that the influx of
new members, after more than doubling from 2004 to 2005,
has consistently been declining by approximately 20% per
year. So, MCBA has its work cut out for it going forward
as it tries to attract more new members. Fortunately,
Membership Chair Joel Gumbiner and his committee
have completely revamped MCBA’s membership benefits
package (see last month’s President’s Message) offering
new, deep discounts on services and products that lawyers
already use; discounts that can yield savings that exceed
the “investment” in MCBA membership.

     MCBA has fostered a connection and sense of com-
munity among its members by offering new, innovative
programs to its membership and the Marin community
including MCBA’s Law Day inaugural commemoration
entitled “Parents, Teens and the Law” (lauded by the Marin
Independent Journal as worthy of repetition every year),
                                                The Marin Lawyer
(President’s Message, continued from page 8.)
community, Prisons on Trial - Part I (Lethal Injection         more room, I would name each of our 7 Committee Chairs
Controversy) and Prisons on Trial - Part II (Prison Over-      for jobs well done; please know how much we appreciate
crowding Alternative Solution), the Diversity Section’s        all your good efforts. Finally, special commendations to
Special Film Viewing Project, Law Day and Career Day           The Marin Lawyer Series Editor Phil Diamond for consis-
(both of which were joint ventures with the Marin County       tently doing such a great job publishing this fine newsletter
Board of Education) and the Golf Tournament, which raised      each month, and to Executive Director Robynn Gaspar,
much-needed funds for Guide Dogs for the Blind, but also       the real engine moving this train. Each of you is a leader
through the continued selfless efforts of the Marin Justice    in our community. Each and every one has demonstrated
Center, its agencies, the lawyers who give so generously       dedication and commitment that deserves every member’s
of their time and of the dedicated, ever-so-helpful staff of   recognition, respect and gratitude for the time and effort
the Law Library. We have laid the groundwork for at least      he or she puts in every week, month and year into making
one new program that will hopefully result in more lawyers     the Association as successful as it is.
increasing their pro bono involvement in 2008. More on
that program as it develops.                                        While I leave the Board wishing I could have accom-
                                                               plished even more (as I’m sure every President has before
     The bench-bar relationship has been strengthened          me), I am gratified and proud of the progress your 2007
as well. We met with key Court representatives well            Board has made. I am honored that you have entrusted me
before January, 2007, to reach out, listen, and seek out       with the privilege of taking the wheel and helping to chart
opportunities to work together to achieve common goals.        MCBA’s course for the last year and for years to come.
That resulted in Court involvement in our Law Day and          And I am humbled by the integrity, honor and talent of all
Career Day events. Moreover, we have met with key              the good people named in this article.
Court personnel as part of our formulation of the MCBA
Judicial Survey (which should be sent out before the end         Thank you and best of luck to my successor, Edward
of this year), to hear and understand their concerns in this Berberian. He will be a great leader.
important endeavor.

     And, finally, the Board has developed and made sig-
nificant progress in implementing its Strategic Plan, as de-
tailed above. The Budget Committee has met and prepared
the 2008 Budget which, as I write this, I fully expect will
be approved at the December Board Retreat.

    Finally, I cannot close out my term without acknowl-
edging my fine colleagues on the Board: Ed Berberian,
Otis Bruce, Albert Cordova, Michelle Lerman, David
Brown, Neil Sorenson, Renee Giacomini Brewer, Phil
Diamond, Louis Franecke, Marlene Getchell, Beth
Jordan, Andrew McCullough, Eric Sternberger, Tim
Chambers, Joel Gumbiner, Elizabeth Brekhus, Hou-
man Chitsaz and Jordan Lavinsky, and Immediate Past
President Dan Harris and 5-Year Past President Myron
Greenberg. Special thanks also goes to each of our hard-
working Section Chairs: William O’Connor (ADR), Scott
LaFranchi and Jennifer Wolsborn (Barristers), David
Brown (Criminal Law), Otis Bruce and Andrew Mc-
Cullogh (Diversity), Pieter Bogaards (Employment and
Labor Law), David Block and Beth Jordan (Family Law),
Steven Nielsen (Intellectual Property), Michelle Lerman
and Louis Napoli (Probate/Estate Planning), and Martin
Malkin and Derek Weller (Real Property). And, if I had
                                            The Marin Lawyer

                            State Bar CLE deadline (N-Z) is February 1, 2008



                          ONE HOUR ETHICS and ONE HOUR ELIMINATION OF BIAS

                                     January 24, 2008 4:00 – 6:00 p.m.
     Representative topics:

                  o    Cultural barriers to effective communications with clients and adversaries
                  o    Selecting and convincing jurors; ethical and legal limits
                  o    Testing assumptions about experts and witnesses
                  o    Detecting, avoiding, and unlearning bias in your office and in your practice


              Hon. Trina Thompson. Judge of the Alameda County Superior Court since January 2003.
     Judge Thompson has presided over felony and misdemeanor jury trials, preliminary hearings, civil case
     management, civil settlement conferences, and the Mentor Diversion program for young first time

              Julie Fenyes. Ms. Fenyes, a principal with 360º Insights in Santa Monica, has developed and
     presented CLE seminars for thousands of lawyers across the country. Her experience includes a broad
     range of civil and business cases, more than 60 death penalty cases, and a wide spectrum of white collar
     and other criminal matters.

              Michael Roosevelt. Mr. Roosevelt has undergraduate and graduate degrees in psychology from
     San Francisco State University and has developed unlearning bias curricula and resources for judges,
     attorneys and court staff. Mr. Roosevelt has special expertise in unconscious bias and its effect on people,
     perception and decision-making.

             Will Rountree. Dr. Rountree, a trial consultant with Bonora D'Andrea, LLC in San Francisco,
     has consulted with trial attorneys in hundreds of civil and criminal cases. He has written extensively on
     jury composition challenges, post-trial interview techniques, the discriminatory use of peremptory
     challenges, and voir dire questioning techniques in restricted time conditions.

     Location: Best Western Corte Madera Inn, 56 Madera Blvd., Corte Madera, CA 94925
     Date: January 24, 2008
     Cost: $50 MCBA & ACBA members/ $75 non members - ACBA members: Best Western Corte Madera
     Inn is only 30 minutes from the Oakland courthouse.

                                          2.0 UNITS OF MCLE CREDIT
       This program has been approved for Minimum Continuing Legal Education credit by the State Bar of
      California for 2.0 hours, including one hour in elimination of bias and one hour in ethics. Provider #411.
     To register, please fill out the form below and mail it, with your check payable to the Marin
     County Bar Association, 30 N. San Pedro Road, Ste. 140, San Rafael, California, 94903.

     Name: ________________________________________ CA Bar #: _________________

        Check enclosed for $ _____________              or         You can bill my VISA or MasterCard

     Visa/MC No. ___________________________________________                           Exp. _________
                                                 The Marin Lawyer
(Social Host, continued from page 1.)
issue of underage drinking and its ramifications of teen        Who drafted the Ordinance?
automobile accidents, serious injuries to teens from such
accidents including death, and other criminal activities        At the request of Supervisors Murray and Adams,
that result from underage drinking.                         I began drafting the Ordinance. H&HS provided me
                                                            with several civil Social Host Ordinance models from
     The Ordinance prohibits a loud or unruly party Southern California as well as various criminal Social
where alcohol is served to, possessed by or consumed Host Ordinance models from San Diego, Santa Cruz,
by underage persons. Two or more underage persons Novato and Santa Rosa.
are required to be present. A violation of the Ordinance
results in a $750 fine for the social host and parents are      I discovered that most of the models did not address
responsible where either they are present or a minor the issue of reaching the adults who turned a blind eye to
child of the parent hosts the party (vicarious liability). parties, hosted the parties or left town, leaving the house
Another section of the Ordinance holds the host liable available for teen parties. Most of our data revealed that
for any response costs where there is a police, fire and/or teen house parties occurred while parents were away
ambulance response. This latter portion of the Ordinance from the home. Additionally, after growing up in Marin,
comes into play after a host has been warned and law I was well aware of the fact that teen parties occurred
enforcement has to respond again. There is no require- regularly and presented a major problem. Finally, as a
ment of a warning when law enforcement issues a cita- parent of two teenagers, I am very concerned about the
tion for a violation where there is a loud or unruly party issue of teen house parties and underage drinking. There
where alcohol is consumed by, served to or possessed are far too many parents in the County who want to be
by underage persons.                                        popular with their teens and will host such a party, leave
                                                            town knowing that such a party may occur, or leave town
     The Ordinance does not seek to address situations without even thinking that a house party may occur.
where a parent serves a beer or a glass of wine to his/her
own child.                                                      Utilizing the models as well as the fact that we
                                                            wanted to target parents, I drafted an Ordinance that
     Why was the Social Host Ordinance drafted?                                                  (Continued on page 12.)

     The Ordinance was the idea of County Supervisors
Cynthia Murray and Susan Adams. These Supervisors
wanted to address the issue of the serious ramifications
of underage drinking and attack one of its main sources,
teen house parties.

     A major motivation for the Ordinance was the death
of two teenagers in Novato in 2005. These young persons
had left a teen house party and crashed their automobile
while driving under the influence. The teen house party
was hosted by an adult. Following that accident, Super-
visors Murray and Adams began reviewing the issue of
underage drinking and discovered that teen house parties
were a major contributor to the problem. Along with the
County Department of Health & Human Services (Divi-
sion of Alcohol, Drugs and Tobacco), they contacted our
office to begin drafting an effective Ordinance.

     One of the major problems today is the fact that recent
technology gives underage persons the ability to gather at
parties rather quickly. Between cell phones, text messag-
ing and emails, kids can arrive at parties within a relatively
short period of time. A gathering of ten underage persons
can quickly become a gathering of 00 persons.
                                                The Marin Lawyer
(Social Host, continued from page 11.)
would hold all persons accountable for underage drink-              Has the Ordinance been enforced?
ing parties including absent parents. During the final
drafts, I was fortunate to have Megan Roberts assist me.             Yes. Thus far, nine citations have been issued in the
Megan grew up in Marin, attended Branson High School,           unincorporated areas of the County. About two-thirds
was a school teacher at Miller Creek Middle School in           have been issued to minors or parents where the parents
Marinwood, and is a UCLA law student. She brought               are responsible. The remaining citations have been is-
a fresh perspective and added some key provisions to            sued to 8 – 20 year olds. The citations have been issued
the Ordinance.                                                  in Inverness, Bolinas, Sleepy Hollow, Marinwood, San
                                                                Rafael, and Mill Valley.
    Following passage of our Ordinance, it is now the
model in California according to our Health and Human               What has been the public’s response?
Services Department.
                                                                     The public has been very supportive. At the hearing
     When was the Ordinance implemented?                        on the Ordinance in October 2006, there was overwhelm-
                                                                ing public support. The media has been very supportive
    The Ordinance was passed on October 7, 2006, and           and, in general, the Ordinance has been well received
became effective on November 7, 2006.                          by the public.

    Any roadblocks along the way to getting it ap-                  Have there been any amendments that had to
proved?                                                         be made?

     At first, law enforcement was skeptical about en-              Thus far, there is no need to amend the Ordinance.
forcement of the Ordinance. However, Sheriff Robert
Doyle is very progressive in his thinking and responded             Have there been any interesting cases thus far?
to the Ordinance by making key suggestions to improv-
ing it and is a firm proponent of it.
                                                                     Each of the nine citations issued have involved very
                                                                interesting scenarios. In one case, a parent who was un-
    Was Marin County the first agency to pass such              der the influence claimed no knowledge of an underage
an Ordinance?                                                   drinking party despite the fact that 40 teens were in her
                                                                backyard and alcohol containers were strewn about the
     No. While we were not the first to pass such an Ordi-      yard and several teens were caught with liquor in their
nance, we were one of the first, if not the first, to address   possession. In another case, a young adult (9 years
the source of such parties – that is, the parents who are       old) organized a New Years’ Eve party after her parents
absent and claim no knowledge of such parties.                  had moved out of the house but before it was sold. She
                                                                invited 50 of her closest friends only to discover that
     In Marin, I believe that San Anselmo and Novato            250 underage persons showed up and caused all sorts
had Social Host type Ordinances prior to the passage of         of problems. In another case, a seventeen year old kid
our Ordinance but I think those Ordinance were criminal         hosted a party while his parents were out of town and he
in nature. Our Ordinance is an administrative Ordinance         and his friends were caught with alcohol and cocaine.
with civil fines for violation.
                                                                      *Jack Govi is the Assistant County Counsel for
     Did all law enforcement agencies in Marin Coun-            Marin County. He has been with the County Counsel’s of-
ty adopt the Ordinance, or just the Marin County                fice since 1981, and was promoted to the Assistant position
Sheriff’s Department?                                           in 1999. He has been a Special Deputy District Attorney
                                                                and a Special Deputy Public Defender for Marin County.
     Following the County’s passage of the Ordinance,
                                                                He lives in Lucas Valley with his wife Katie and two chil-
several jurisdictions, including San Rafael and Fairfax,
                                                                dren, Alec and Megan.
have passed similar Ordinances. The goal of the County
is to have all jurisdictions in Marin pass a similar Or-

                                                  The Marin Lawyer
(Law and Balanced Life, continued from page 2.)
and the compensatory self. The deficient self is who we        I can’t handle being hurt, I don’t have what it takes to
secretly fear and believe ourselves to be: little, scared,     stand up to daddy/mommy—i.e., we are still believing
weak, stupid, mean, bad, unlovable. The compensatory           ourselves to be the deficient identity. To actually allow
self is who we try to convince ourselves and others that       ourselves to feel and to be our deficient self—to confront
we really are: self-confident, likable, loving, strong,        it, to question it, to know it—is intolerable to most of us,
smart, capable. Some are more successful than others           and consequently we have to continually strive to keep
at creating a workable compensatory self. We members           these terrifying feelings below the surface of conscious-
of the Marin County Bar Association are presumably             ness, resulting in a state of arrested development. The
among the more successful: we succeeded at creating a          self-doubt and psychic pain engendered by this way of
working compensatory self that has carried us far, even        being inevitably becomes increasingly intolerable.
though many of us are painfully aware of our deficient
self tugging at our sleeves (or worse).                             In addition, other unconscious elements of the
                                                               psyche add to the upping of the ante as they struggle to
      The problem is that the individuation drive does not     gain our attention and ultimately to become integrated
allow us to rest on our laurels. It puts the fire under our    into consciousness. Jung spoke of the need to integrate
feet and says, “you must grow, or die.” It can create the      not only our shadow (roughly corresponding to what I’m
feeling inside of, “the way I’m living my life just isn’t      calling the deficient self), but also the anima or animus
working anymore,” or a vague sense of discontentment,          (the feminine principle within the male and the male
or that something vital is missing, or of wondering “is        principle within the female, respectively), and the Self
this all there is?” How this often plays out is that life      (the mysterious wholeness that lies at the center of each
presents us with situations in which the old ways of being     person). Jung also spoke of the need to achieve balance
no longer work. The stresses of greater job responsibil-       in the form of exercising what he called the inferior
ity, of being a husband or a wife, of being a parent, of       function, i.e., the mode of functioning that we are least
being a leader, show us the ever-broadening cracks in          comfortable with (e.g., for thinking types it might be our
the outmoded foundation. Or it might be that we accom-         feeling function/emotional intelligence or our sensate
plish everything our culture or our families say is worth      function/body intelligence).
achieving, and yet we still feel incomplete, or phony,
or unfulfilled. Some people quit jobs or switch careers,            Integrating these elements into our conscious life not
some have affairs, many start drinking too much—but            only brings a sense of wholeness, but also provides sup-
none of these ultimately makes a difference. The call is       port that we need in order to overcome the inertia created
to turn inward, to grow, and to grow in a particular way:      by our defenses against hurt, fear, shame and loneliness.
to come home from self-alienation.                             For example, integration of the anima allows a man to
                                                               have the compassion and nurturing (and the strength
     When we are identified with the compensatory self         that these provide) that he needs to confront his fear and
we are inevitably split off and alienated from other vital     his solitude, and to be able to let go of his infantilized
parts of the psyche. In our teens and twenties this isn’t      relationship to his internalized mother. Integration of
so much of an issue, because early adulthood is all about      the animus permits a woman to have the focus and will
                                                                                                    (Continued on page 14.)
finding an identity we can be comfortable with and that
can allow us to find our way in the world. But by midlife
the alienation from unconscious yet terribly important
parts of ourselves tends to become unbearably painful.
There are good reasons for this. For one thing, when we
act from the adolescent self, we are constantly defending
against feeling hurt: hurt by our spouse, upstaged by a
partner, chastised by a judge, humiliated in front of a cli-
ent—afraid of being hurt in all the myriad ways we were
hurt as a child. When we act in this automatic way, we
are unconsciously believing and reinforcing certain ideas
about ourselves: I am small, I am weak, I am unlovable,
                                                   The Marin Lawyer
(Law and Balanced Life, continued from page 13.)
that she needs to overcome cultural and familial prohi-        path, is the fuel that propels us on the journey. Simply
bitions (and their attendant shame and fear of exile) on       making the commitment and taking the first step will
being fully in her power, on being who she truly is. The       result in a huge and noticeable change. This commitment
wholeness that arises from integrating the split-off parts     means that loving the truth exactly as it actually is is
of ourselves gives us the strength to stand on our own two     more important than feeling good. It means practicing
feet in the face of our terror and aloneness. As Einstein      ruthless self-honesty. It means meeting the disowned
was quoted as saying, “I now bask in that solitude that        and frightening parts of ourselves with courage and
was so painful to me in my youth.”                             compassion, in a spirit of anthropological discovery. The
                                                               greatest obstacle on this path is our tendency to deceive
                                                               ourselves as to who we really are.
      So how do we do this? How do we create this inner
sanctuary and engage in meaningful self-growth? First,
it’s important to recognize that one of the great challenges        But the form this commitment is expressed in de-
that all people on the path of growth face, but particularly   pends entirely on the individual. There are no instruction
lawyers, trained as we are as problem-solvers, is how to       manuals or by-the-numbers guide books for this. There
embrace the journey of inner growth without making it          are countless paths to wholeness, and each person has
one more thing on our endless to-do list. If you treat         to choose the path that best suits him or her (or, to be
your need for balance as one more problem to be solved,        more accurate, each person has to allow him or herself
you’ll just be given another problem. As Einstein said,        to be chosen by a particular path). What all true paths
no problem can be solved from the mindset that cre-            have in common is some form of inquiry into the truth.
ated it. In other words, what’s needed is to move away         No room for dogma here. It’s all about finding out your
from, to disidentify with, the problem-solver we have          truth for yourself, and then living it. Such inquiry often
taken ourselves to be all this time, and allow some other,     involves questions like: Who am I really? Is it really
hitherto unknown part of ourselves to arise. All spiritual     true that I’m small and weak? Do I really need to be
traditions and all psychotherapeutic modalities of which       scared and anxious about this? For lawyers I suspect part
I am aware speak to this: maturity is about dying to who       of the inquiry involves asking questions like: why did I
we have been and being re-born to something greater            become a lawyer in the first place? Why am I practicing
than that former self.                                         now? Is my legal practice really serving my growth as
                                                               a human being? If not, could it? How? Regardless of
                                                               specifics, it’s all about creating the place within you that
     Warning number two: it’s important to recognize           is imperturbable, where you cannot be blackmailed by
that one of the challenges or obstacles to creating the        your childish fears, or by the expectations or judgments
inner citadel is that it requires us to move away from the     of others, where you can be true to your true self no mat-
familiar and into the unknown—and that stirs up loss and       ter what the reactions may be from within or without.
terror. Moving away from our habitual way of being is
a process of separation, and this is often experienced as
a movement away from the warm, cozy, secure hearth                  In creating the inner Shangri-La it’s helpful to have
that is home, what we have taken to be most dear. It           small practices that you can do throughout the day that are
takes a great deal of support to stay on the path that leads   quick enough that you won’t feel like they’re interfering
to balance. That support can come in a wide variety of         with your ability to get your work done. One example
forms, including books, psychotherapy, spirituality, a         is what I call the “thirty-second vacation.” Try making
support group, a daily practice of some kind, a martial        a firm commitment to do the following: When you find
art like aikido, and so forth. Support can provide the         yourself feeling anxious or overwhelmed, immediately
perseverance and the patience that are absolutely needed       stop what you’re doing and for thirty seconds be silent,
to stay the course.                                            turn off your discursive mind, and just be instead of do-
                                                               ing. Even a thirty second break from identification with
                                                               the overwhelmed self can be enough to break the spell.
     Okay, what does this look like in practice? In the        Another practice: when you’re feeling anxious or over-
most practical of senses, it starts with commitment. Our       whelmed, stop what you’re doing and ask yourself: who
irrevocable, unassailable commitment to our path of            am I taking myself to be in this moment? What am I truly
growth, and the earnestness with which we follow that
                                                                                                    (Continued on page 15.)

                                                    The Marin Lawyer
(Law and Balanced Life, continued from page 14.)                     (Court Website, continued from page 3.)
afraid of in this moment? What is my true motivation for                  Phase III will provide the greatest benefit to you and
(fill in the blank, e.g., wanting to dash off that nasty letter to   to the public. It will be a complete redesign of the current
opposing counsel, retreating from a confrontation, etc.)? Is         website, to eliminate the confusion that arises from our
that really who I am and how I want to be? If I were truly           current entanglement with the County’s website. All of
being myself, how would I handle this? If this seems too             the current functionality will be included and our stand-
                                                                     alone site will have some of the features and functionality
heady an approach, there are plenty of non-verbal paths
                                                                     of award-winning court websites from across the United
to true self-knowledge, including art, music, movement,              States. We envision completing this redesign in 2008 and
devotional prayer, and service to others.                            adding the following features:

      To conclude: balance isn’t a destination. It’s a mo-         • Registers of actions for non-confidential civil,
ment-by-moment creation. It’s a verb, not a noun. Real small claims, family law and probate cases, including party
balance is about finding sanctuary, over and over and and attorney information. This feature will not be made
over again, from our self-doubts and our fears until we available for criminal cases until a later date.
are able to be our true self more often than not. It’s also,
ultimately, about how we find our higher self, the inner           • Webpay for traffic and criminal fines;
stillness that is the source of our strength, our peace, our
very being. In the end, finding our true self is the only way
                                                                   • Video streaming of jury and family court services
meaningful balance, and true happiness, can be attained.
                                                              orientations; and

      *Stephen H. Sulmeyer is a lawyer, clinical psycholo-
                                                                         • Fillable Judicial Council form templates.
gist, and mediator in Corte Madera. He is also active as
a divorce “coach” in the world of interdisciplinary collab-
orative practice. He is former Chairperson of the MCBA                   The layout of our new website will also be simplified
Alternative Dispute Resolution Section. He received his un-          and will have a look and feel that is unique to the Court.
dergraduate and law degrees from Stanford University, and            The entire home page will be viewable without scrolling.
his Ph.D. from the Institute of Transpersonal Psychology.            Frequently used links will be prominently displayed.

                                                                           We are in the process of soliciting bids from webmas-
                                                                     ters to assess our current web environment and develop
                                                                     our new design. Once we select a webmaster, we envision
                                                                     that the modernization project will take several months to
                                                                     complete. If there are features that you think we should
                                                                     consider for this redesign that are not listed above, now is
                                                                     a great time to contact me at 473-6237 or at kim_turner@
                                                            Since you are our most frequent users and
                                                                     loyal customers, we look forward to your suggestions as
                                                                     we engage in our design process.

                                               The Marin Lawyer
(Spotlight, continued from page 4.)
promote your practice, and have some fun doing it.
Oh, and Jeff Lerman wants me to point out all the great
                                                               MCLE CoMPLIANCE DEADLINE
benefits (See the President’s Message).                        CoMING UP
                                                                    GROUP 3 (N - Z)          Deadline: 2/1/08
     TML: Why did you become a Director?
                                                                    MCLE “Regular Requirement”
    NS: I blame that on Len Rifkind. He can be very                 Total hours required every three years: 25 hours
persuasive. Actually, I was a Director once before in the
mid-1990’s and enjoyed the experience. I thought I could        •     Maximum “self-study” hours: 12.5 hours
bring some historical perspective to the Board.
                                                                •     Members must fulfill at least one-half of their
                                                                      MCLE requirement with activities approved for
    TML: If you had to pick a single highlight of your                “participatory” MCLE credit. (For additional
career, what would it be?                                             information contact The State Bar of California
                                                                      at 538-230, or visit the website at http://www.
      NS: My representation of the Gates Cooperative        
Houseboat Community in the mid-1990’s. The landlord             •     Special Requirements within the total hours
was seeking to evict about 50 or more houseboats from                 required (may be taken as participatory or self-
the Gates Cooperative area at Waldo Point Harbor in                   study)
Sausalito. The Gates Coop is a community of low and
                                                                •     Legal Ethics: 4 hours (required)
moderate income individuals and families that has been
trying to obtain permits to legitimize and improve their        •     Detection/Prevention of Substance Abuse:
houseboat marina since the early 1980’s. Carl Shapiro                 1 hour (required)
and I defended them in an unlawful detainer jury trial          •     Elimination of Bias in the Legal Profession:
before Judge Richard Breiner (retired). We won the                    1 hour (required)
first trial and after the landlord filed a second action, we
negotiated a settlement that hopefully will allow them
to stay. Since they are located on the bay, they have to
obtain permits from a number of local and state agencies:
Marin County, BCDC, and State Lands, to name a few.
They are still there, so we did something right.

     TML: What was the best/worst/strangest experience
in your career?

     NS: That is hard to answer because I have had many
great experiences over the years. One of the best would
be arguing and winning a case before the California Court
of Appeal. The case was Fairbank v. City of Mill Valley
(999) 75 Cal.App.4th 243 and involved the develop-
ment of a small office building in downtown Mill Val-
ley. My clients spent years and hundreds of thousands
of dollars to gain permit approval for the building. The
approvals were challenged in court and ultimately upheld
by the lower court and the appellate court. The building
was built and is there now.

                                                     The Marin Lawyer

The Rutter Group certifies that these activities have been approved
for MCLE credit by The State Bar of California in the amount of 3
     hours, of which 0.5 hour applies toward Legal Ethics.

 Location for all programs is MCBA Conference Room
         30 N. San Pedro Rd, San Rafael, CA

        THuRSDAY, JANuARY 17TH - 5-8 PM
               Civil Procedure update 2008
            Calif. Court of Appeal 4th Dist., Div. 3
                 Los Angeles Superior Court
                  JuDGE ANNE BOuLIANE
                  San Francisco Superior Court

         TuESDAY, JANuARY 22ND – 5-8 PM

               Personal Injury update 2008

                    JuDITH M. SAKAKI
                  Simke Chodos & Sasaki LLP
                         Los Angeles
                  MICHAEL A. KELLY
        Walkup, Melodia, Kelly Wecht & Schoenberger
                       San Francisco

         WEDNESDAY JANuARY 30TH 5-8 PM
               Family Law update
 This program has also been approved for 3 hours Family Law
  Specialization credit by the Board of Legal Specialization.
                JuDGE KENNETH A. BLACK
                  Los Angeles Superior Court
              JuDGE ROBERT A. SCHNIDER
                 Los Angeles Superior Court
                 ELEANOR A. STEGMEIER
                   Stegmeier & Gelbart LLP
                         Costa Mesa

                                        The Marin Lawyer

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                                                The Marin Lawyer


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                                                                         The Marin Lawyer

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                  MCBA Officers
 Jeffrey H. Lerman          President
 Edward S. Berberian        President Elect
 Marlene P. Getchell        Treasurer
 Beth S. Jordan             Secretary
 Daniel S. Harris           Past President
 Myron Greenberg            5 Year Past President
                 Board of Directors
 Elizabeth Brekhus          Renee Giacomini Brewer
 David I. Brown             Otis Bruce Jr.
 Timothy J. Chambers        Houman Chitsaz
 Albert Cordova             Philip R. Diamond
 Louis S. Franecke          Joel Gumbiner
 Jordan A. Lavinsky         Michelle C. Lerman
 Andrew C. McCullough Neil Sorensen
 Eric Sternberger
                 Executive Director
                  Robynn Gaspar
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