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					March 2010                                                                                                     Volume 41, Issue 3
                                                              The Marin Lawyer




                           An Official Publication of the Marin County Bar Association

                                       PrEsIdEnT’s MEssagE
                                       MakIng a dIffErEnCE May BE
                                       EasIEr Than you ThInk                                      Calendar of Events
                                       By Beth S. Jordan
                                                                                                     March 24, 2010
                                            The year is off to a great start, and MCBA               Pro Bono Luncheon and General
                                       is already making a difference. Our January 30th              Membership Meeting
                                       Installation Dinner ticket sales and silent auction           12 - 1:30pm
                                       netted $5,553.66, all of which goes to the Family
                                                                                                     March 16, 2010
                                       and Children’s Law Center. Thanks to each of you
                                                                                                     Family Law Section Meeting
                                       who attended the event, and to each of you who                12 – 1:30 pm
                                       participated in the auction!
                                                                                                     March 17, 2010
     As lawyers, there are a number of ways in which you can make a differ-
                                                                                                     ADR Section Meeting
ence, and making a difference may be easier (and less painful) than you think.                       12 – 1:30 pm
The most obvious way, of course, is to take a case, pro bono. The need for
free legal services abounds, and with the slow-down in the economy, many                             March 22, 2010
lawyers are finding themselves with more time on their hands. Now may be                             Probate & Trusts Mentor Group
the perfect time to take on that pro bono case you simply haven’t had time                           12 – 1:30 pm
for before. If that is the case, you need look no further than the Marin Justice
Center; there are plenty of cases in need of attorneys.                                              March 24, 2010
                                                                                                     Probate & Estate Section Meeting
     But not everyone - including those with more time on their hands - can                          12-1:30 pm
afford to make the time and financial commitment pro bono representation
requires, especially in the current economic climate. You can, however, make
a much more limited commitment by volunteering your time and legal services
at Legal Aid of Marin’s monthly advice-only clinic. Legal Aid always needs                        Look for details each month in
volunteer attorneys for their monthly clinic. This only requires a commitment                     The Marin Lawyer
of a few hours, where you show up at the Legal Aid office and meet with pre-
                                                                         (Continued on page 8.)


In This Issue                                             TEn ThIngs you should know aBouT
Pro Bono Appreciation Luncheon......... 2
MCBA Installation Dinner .................... 3
                                                          sExual harassMEnT
MCBA & LAM Seek Volunteers .......... 3                   By Lisa Spann Maslow*
Judge John Sutro Retires....................... 4
Helping Veterans ................................... 4
Spotlight on Kristine Fowler Cirby....... 5
                                                           1. The California Fair Employment & Housing
Optimizing Your Business Email .......... 6                   Act (FEHA) anti-harassment provisions apply
Housing Accessibility ........................... 7           to businesses with one or more employees or
MCBA Standing Comm. & Sections .... 9                         independent contractors/consultants. Damages
Marin Superior Court .......................... 16            available under FEHA include: back pay, front
Calendar Details .................................. 17        pay or reinstatement, lost benefits, emotional
New Members/Change of Scene ......... 18
Marketplace......................................... 19       distress damages, punitive damages, injunctive
                                                              relief, and attorneys’ fees.
 Lisa Spann Maslow was Guest Editor
 of this issue of The Marin Lawyer. Kate
 Rockas is Series Editor for 2010.                         2. An employer is strictly liable for harassment       (Continued on page 14.)
                                                                                                                                        1
                                                  The Marin Lawyer

                            Pro Bono                               Gordon Atkinson, Grant Barbour, Pieter Bogaards, Mat-
                                                                   thew Brenner, Timothy Chambers, Salena Copeland, Jen-
                            aPPrECIaTIon                           nifer Cowan, Karen Crockett Natasha Cupp, Julia Diskint,
                            lunChEon                               Katharine Ettinger, Peter Flaxman, William Gorenfeld,
                                                                   Robert Harrison, Maureen Howard, Barbara Kauffman,
                                 The Marin County Bar As-          Matthew Kaufman, Martin Konopken, Shelley Kramer,
                           sociation will host Legal Aid of        Erik Kruger, Christopher Ohlsen, Bruce Palmer, Mark
                           Marin’s Pro Bono Appreciation           Peters, Jeb Pickett, Scott Slomiak, Todd Smith, Perry Taub-
                           Luncheon, and the presentation          man, Carol Weibel and Debra Whitehouse-Kemp.
                           of the 2009 Pro Bono awards, on              We would like to extend special recognition to Hanson
                           Wednesday, March 24, 2010, at           Bridgett, Fenwick & West, Morrison & Foerster and Paul
                           12 noon at Rickey’s Restaurant          Hastings law firms for contributing to our legal clinics in
Renee Chernus               in Ignacio.                            2009.
      Legal Aid of Marin was incorporated on April 19, 1958             Please make your reservations and join us on Wednes-
and has been serving the community for over 50 years.              day, March 24, 2010.
What started as a group of Marin County Bar Association
volunteers now has a staff of 15 (including 7 attorneys)
serving over 2000 households each year.
      We will celebrate 173 attorneys and 16 non-attorneys                       Save the date
of which 30 are recipients of the Wiley W. Manuel Award—                           thursday, april 1, 2010
issued by the State Bar of California for 50 or more hours of
pro bono services. Presiding Marin County Superior Court                 Judge Sutro’s Retirement Reception
Judge Terrence Boren will present their certificates.
      The attorney Wiley W. Manuel Award Recipients are:                     Jason’s Restaurant, Greenbrae
Jean Bordon, Renee Chernus, Craig Daniel, Kevin Dwight,
Hank Edson, Shawn Hansen, Byron Hing, George John,                                         5:30 - 7:00 pm
Brett Kingsbury, Heather Littlejohn, Scott Lueders, Mat-
thew Noerper, Kathryn Ruff, Nathan Sabri, Randy Warren,
Warren Webster and Marta Weiss-Paul.                                 The Bay Area’s Premier Reporting Service
      The non-attorney Wiley W. Manuel Award Recipients
are: Cynthia Abesa, Hilda Bordas, Diana Braa, Megan                                                ♦ Complimentary
Dunn, Casey Epp, Mira Karageorge, Patti LaPerriere, Har-                                             Conference Rooms
riet Lipson, Natalia Mazina, Claire Phillips, Sean Scullion,                                       ♦ Document Depository
Jaime Verducci and Ashley Werner.                                                                  ♦ Livenote/E-Transcript
      MCBA member Renee Chernus will address our group                                             ♦ Videoconferencing
on her experiences with Legal Aid of Marin and the pro                                             117 Paul Drive, Suite A
bono services she has provided.                                       Capturing your words
                                                                                                   San Rafael, CA 94903
      Honorable Mention is for the following attorneys and             with caring hands.          415-472-2361 · Fax 415-472-2371
non-attorneys who provided valuable assistance to Legal                     800-979-2361           depos@westcoastreporters.com
Aid of Marin and / or contributed 20-49 hours in 2009:
 RESERVATION FORM                           General Membership Meeting Pro Bono Appreciation Luncheon
        Please make ____ reservations for me at Rickey’s Restaurant in Novato (See page 6 for directions).
                              on Wednesday March 24, 2009, from 12-1:30 pm.
    Please choose one:____Chicken Breast Marsala ____Grilled Top Sirloin ____Grilled Vegetable Napoleon
 Name(s) or Firm Name:____________________________________________ Phone:______________________
  Enclosed check for __________($35 members and non members. Walk in $5 more)
  Visa  Mastercard ______________________________________3 digit code_________ Exp _____________
 Address _________________________________________________________________ Zip ________________
                              Please, we must have RSVP’s by March. 17, 2010
   Make checks payable to MCBA and mail to: MCBA, 30 North San Pedro Road, Ste. 140, San Rafael 94903.
           Reservations are non-refundable unless the individual provides at least 24 hours cancellation notice to MCBA.

2
                                                 The Marin Lawyer

a nEw yEar...                                                                           MCBa & laM sEEk
MCBa InsTallaTIon dInnEr a                                                              VolunTEErs for
suCCEss                                                                                 san ansElMo
                                                                                        lEgal ClInIC
                                                                                        By Paul Cohen*
     The MCBA Installation Dinner, held January 30, 2010,
at the Mill Valley Recreation Center, began with a silent
                                                                                               The Marin County Bar As-
auction benefitting the Family & Children’s Law Center.
                                                                                         sociation and Legal Aid of Marin
Because of generous donors and competitive bidders, over
                                                                                         are pleased to announce the
five thousand dollars was raised for this organization.
                                                                                        launch of a San Anselmo-based
                                                             legal clinic. The clinic will be staffed by wonderful MCBA
                                                             volunteer attorneys (i.e., you the reader) and Legal Aid of
                                                             Marin staff. The first clinic will be held Tuesday evening,
                                                             March 16th, 6-8 p.m., at the Law Offices of Steve Kesten,
                                                             400 Redhill Avenue in San Anselmo. The clinic will oper-
                                                             ate the third Tuesday of the month (April 20th, May 18th,
                                                             and June 15th.) Future dates to be announced.
                                                                  The format of this clinic, like the “Y” legal clinic of
                                                             years past, will be short consultations (15 minutes) to pro-
                                                             vide basic information and advice to Marin families and
                                                             individuals. Donations of $15 will be requested to defray
Beth Jordan Installed as President by Hon. Verna A. Adams    LAM administrative costs. However, no one will be turned
      C. Clay Greene started the program as Master of        away due to lack of payment. We hope to serve 20 or more
Ceremonies. Our new MCBA president, Beth Jordan, was         individuals/families each month. Priority will be given to
installed by the Honorable Verna A. Adams. Joining Beth      low-income residents of San Anselmo and Fairfax.
at the Installation Dinner were her husband, Andy Schwartz                                          (Continued on page 13.)
and her son, Alex Jordan.
                                                                 One call gets them out of any jail in the USA

                                                                 ALDRIDGE BAIL BONDS
                                                                                             JOSEPH ALDRIDGE
                                                                                                   BA # 1840836

                                                                                              ASHLEY ROBLES
                                                                                                   BA # 1844686

                                                                                             (415) 457-2222
Hon. Verna A. Adams Swears in New Board and Officers.                                       www.bailed.com
   Also installed were Otis Bruce (President-Elect), Tim
Chambers (Secretary), Jessica Karner (Treasurer), Marlene
                                Getchell (Past President),
                                and Lawrence Baskin             ATTENTION MARIN LAWYERS
                                (5 Year Past President).             8% for all attorney referred bail
                                Three new Directors have
                                joined the MCBA Board:             No annual renewal fee on bail bonds
                                Riley Hurd, Lisa Maslow,
                                                               Aldridge Bail Bonds is a family run business serving Marin
                                and J. Randy Wallace.
                                                               and the North Bay. As someone who spent his formative
                                     A good time was had       years attending both grammar school and high school in
                                by all.                        Marin, I am committed to providing you with the most
Robynn Gaspar, Executive Director MCBA and Otis Bruce,         professional and helpful service possible. – Joe Aldridge
President-Elect.
                                                                                                                            3
                                                The Marin Lawyer

JudgE John suTro, Jr. To                                                                            hElPIng
rETIrE froM ThE MarIn BEnCh                                                                         VETErans
                                                                                                    oBTaIn Va
     After more than 16 and 1/2 years of public service,
the Honorable John A. Sutro, Jr. has announced his inten-                                           MEdICal CarE &
tion to retire as a Judge of the Marin County Superior                                              BEnEfITs
Court, effective February 28, 2010. Judge Sutro was first                                           By Elinor Roberts*
appointed to the Marin Municipal Court in 1993, and has
been a Judge of the Superior Court since court consolida-                                     War causes wounds and
tion in June 1998.                                                                       suffering that last beyond the
                                                             battlefield. While some veterans of the U.S. military oc-
     In a statement announcing his retirement, Judge Sutro
                                                             cupy prominent positions in society, too many can be found
expressed his appreciation for the support provided by his
colleagues and court staff.                                  sleeping on the streets of the nation they once served. Vet-
                                                             erans represent 26% of America’s homeless, though they
     “It would be an understatement to say what a privilege comprise only 11% of the civilian population. California
it has been for me to serve on this bench for the past six- alone has nearly 50,000 homeless veterans.
teen and one-half years. I cannot imagine having a more
interesting, challenging and rewarding job than being a           Founded in 1974, Swords to Plowshares is a San Fran-
Marin County Superior Court Judge. As great as this job
                                                             cisco-based nonprofit veteran services agency that provides
is, however, the best part has been the people with whom
                                                             legal and housing assistance, counseling and case manage-
I work, and I want to thank all of the judicial officers and
                                                             ment, employment and training to low-income veterans
staff for having made my years here as satisfying and en-
joyable as they have been.”                                  in the San Francisco Bay Area. Swords to Plowshares’
                                                             mission is to heal the wounds, to restore dignity, hope, and
     Judge Sutro also expressed his thanks and apprecia- self-sufficiency to all veterans in need, and to significantly
tion for the support of the many members of the Bar, with reduce homelessness and poverty among veterans.
whom he has very much enjoyed working over the past                                                  (Continued on page 15.)
sixteen and a half years.
                                                                         “Providing Complete ADR Services!”
      A resident of Marin County since 1967, Judge Sutro
received his bachelor’s degree from Stanford University
and law degree from Harvard University. Prior to his
appointment as a Municipal Court Judge, he served as a
litigator for 29 years in the law firm of Pillsbury, Madison
and Sutro (where he was a partner for 21 years), before
entering private practice in San Francisco.                        JUDGE MICHAEL J. BERGER*                   PATRICK M.BRODERICK
                                                                   JUDGE RICHARD H. BREINER*                  CLAYTON E. CLEMENT
     During his tenure on the Marin Bench, Judge Sutro was         HON. JEANNE MARTIN BUCKLEY*                W. GREGORY ENGEL
selected by his peers to serve as Presiding Judge of both          JUDGE VICTOR M. CAMPILONGO*                PERRY D. LITCHFIELD
the Municipal (1994-95) and Superior Courts (1999-2001).           JUDGE MICHAEL B. DUFFICY*                  GARY T. RAGGHIANTI
Over the years, he has served as Supervising Judge of the          JUDGE JOHN J. GALLAGHER *                  PAMELA M. SAYAD
criminal, civil, family law, juvenile and probate depart-          JUDGE ISABELLA H. GRANT*                   MICHAEL D. SENNEFF
ments, and the court’s appellate division. In addition, Judge      JUDGE RON GREENBERG *                      SUSAN E. SPAR
Sutro was an active participant for many years in the Marin        JUDGE INA LEVIN GYEMANT*                   ERIC STERNBERGER
County Office of Education mock trial competition.                 JUDGE HADDEN ROTH*                         MATTHEW N. WHITE
                                                                   JUDGE VERNON F. SMITH*                     W. BRUCE WOLD
     Upon retirement, Judge Sutro looks forward to travel-
ing and continuing with his hobbies of hiking, music and           Validated Parking     Famous RESREM Lunches
                                                                                              –
reading.                                                           Look for us on the Web-www.resolutionremedies.com
                                                                   *Retired


                                                                              for more information call:   (800) 778-2823
                                                                                        Diane Levinson-Fass, President

4
                                                      The Marin Lawyer

                               MarIn JusTICE                              during law school visiting her. After law school, my now
                                                                          husband and I chose Marin as the place we wanted to call
                               CEnTEr                                     “home”. We have been living in Novato for 13 years.
                               sPoTlIghT on
                               krIsTInE fowlEr CIrBy
                                                                               TML: What do you love to do when you’re not busy
                             The Marin Justice Center                     practicing law?
                        includes six legal service orga-
                        nizations: Legal Aid of Marin,                         KFC: I spend a lot of time with my 12 year old
                        Marin Advocates for Children,                     daughter, Caroline, at her soccer and basketball games.
                        Children and Family Law Cen-                      She has attended some cooking camps, and we now cook
                       ter, Bay Area Legal Aid, Legal                     together for fun. I have a close group of girlfriends with
Self Help Center, and MCBA. This month our spotlight                      whom I go walking, to the movies or to dinner on a semi-
is on Kristine Fowler Cirby, Executive Director of the                    regular basis. In my spare time, I also serve on the Marin
Children and Family Law Center.                                           County Women’s Commission, volunteer as Auditor for
                                                                          PTA and serve on Site Leadership Council at my daugh-
    TML: When did you begin working at the Children                       ter’s school.
and Family Law Center?
                                                                                TML: Tell us about your family.
     KFC:I began working at the Family & Children’s
Law Center (FCLC) in April 1999 as a part-time contract                        KFC: I have been married for 13 years to my husband
attorney, and became a full-time staff member in August                   Steve, and we have a 12 year old daughter Caroline. They
1999. I became the Legal Director in early 2000.                          are both very big sports enthusiasts loving the Giants and
                                                                          the 49ers, but as a Phillies and Eagles fan, we root for dif-
     TML: What do you like most about your work?                          ferent teams. I love them any way.

     KFC: I love being able to help those unable to help                                                                     (Continued on page 17.)
themselves. So many of our clients feel helpless because
they cannot afford a private attorney. Once they learn what
the FCLC can do for them, they have hope. I also work                                                                              Depositions
with a fabulous staff, all of whom show a tremendous dedi-                                                                         Trial Preparation
cation to helping those less fortunate. In addition, I get to
                                                                                                                                   Trial Software Training
work in a number of collaboratives: Marin Justice Center,
                                                                                                                                   Trial Presentations
Domestic Violence Coordinating Council, and the Immigra-                                                            Depositions
tion Working Group are just three. These organizations are                                                                         Courtroom Set-up
                                                                                                                    Trial Preparation
doing amazing work in improving access to legal services,
and I feel honored to be a part of the work.               LEGAL                                                    Trial Software Mock Trials
                                                                                                                                   Training
                                                                                                                    Trial Presentations
                                                                                                                                  In House Synchronization


                                                           VIDEOS, LLC
                                                                                                                    Courtroom Set-up
                                                                                                                                   Duplication & Editing
     TML: Why did you decide to become a lawyer?        LEGAL                                                       Mock Trials
                                                                                                                                Day-in-the-Life
                                                                                                                    In House Synchronization


     KFC: In my eighth grade government class we did a  VIDEOS, LLC
                                                  Serving We
                                                                                                                     Duplication & Court Reporters
                                                                            Serving Marin and Sonoma Counties since 1988

                                                                    4340 Counties Highway
mock trial. I was selected to be the defense attorney. Marin and SonomaRedwood since 1988F #150
                                                                                                                    Day-in-the-Life
                                                                                                                    Court Reporters
                                                                                                                                   Editing

                                                                                                                                   Free Wireless Internet
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had to put on the entire trial and to prepare the witnesses.        San Rafael, CA 94903
                                                  4340 Redwood Highway F #150
                                                                                                                    Free Wireless Internet
                                                                                                                    Video Teleconferencing
I really enjoyed it and went to UCSB as a Law & Society CA 94903
                                                  San Rafael,       www.legalvideos.com
major, where I took several political science and pre-law           info@legalvideos.com
                                                  www.legalvideos.com
classes.                                          info@legalvideos.com
                                                        415.459.7672        415.459.7672
     TML: Why do you live in Marin?                     Toll free 866.454.7672 866.454.7672
                                                                           Toll free
                                                        Fax 415.459.1797Fax 415.459.1797
                                                        Complimentary Depositions Suites with
     KFC: Marin is so beautiful with so many wonderful using our services.
                                                refreshments when Complimentary Depositions Suites with
                                                                   available when using our services.
activities and places to go. My best friend from college alsorefreshmentsfor rent. available for rent.
                                                Deposition Suites
                                                                  Deposition Suites also
grew up here and so I spent a lot of time in Marin County
                                                                                                                                                             5
                                               The Marin Lawyer

oPTIMIzIng your BusInEss                                        for a five thousand dollar upgrade. Your service will auto-
                                                                matically be upgraded without additional IT costs.
EMaIl sysTEM                                                         By understanding these technologies, you can imple-
By Adam Pettit*                                                 ment the best solution for your office, and focus on legal
                                                                work instead of worrying about another IT headache.
     Every modern business depends on email as a core                * Adam Pettit is a principal with Interlaced Technology
technology. From confirming a meeting to delivering             Solutions, and may be contacted at (415) 671-8877 or
sensitive information, email has become an essential com-       adam@interlacedinc.com. Interlaced works primarily
munication pipeline. Without it, most businesses would          with Apple business and home users to implement simple,
cripple. So how does a law office choose the best email         reliable and affordable technology solutions putting them
infrastructure to avoid potentially damaging moments?           “ahead of the curve.”
     The first step to choosing the optimum email system
is understanding the three prominent email technologies.         PRO BONO APPREcIATION LuNchEON
With the recent advance of mobile email access on your
BlackBerry and iPhone, this awareness has become even                         DIREcTIONS TO
more vital.
                                                                         RIckEy’S RESTAuRANT
     The three relevant technologies are POP, IMAP and
Exchange. POP is the most outdated technology and sim-                250 Entrada Dr., Novato, CA 94949
ply downloads your email to each of your devices. The                            415-883-5952
disadvantage of POP is that you are left responsible for
managing your email on each of your devices indepen-
dently. IMAP is an improvement on POP as it synchronizes         DRIVINg 101 SOuThBOuND
changes. This is a sizable asset, as when you delete, move
or send an email on one device, that change is reflected on           • Take 101 South, towards San Francisco, and take
your other devices. The third and most advanced technol-                the Ignacio Blvd/Entrada Drive exit.
ogy is Exchange. Exchange can be thought of as IMAP                   • Turn right at yield sign just before the Shell
on steroids. Instead of simply synchronizing your email
                                                                        station (Enfrente Dr.)
between devices, Exchange tackles your address book and
calendar as well, leaving you with identical data on every            • At the stop sign turn right onto Entrada Drive.
device. Exchange is filled with a variety of useful features,
including the ability to delegate permission to your staff,           • Entrada Drive dead ends to the left onto the
allowing them view or edit your address book, calendar                  Inn’s property.
and email.
     For many Exchange is the clear winner. In the past,
however, Exchange was too expensive for many businesses          DRIVINg 101 NORThBOuND
to operate, since it required the installation of dedicated           • Take 101 North, towards Eureka, and exit off
Exchange servers. Fortunately new technology has virtu-                 the Ignacio Blvd /Bel Marín Keys exit.
ally eliminated the cost issue by allowing small and me-
dium businesses to implement ‘Hosted Exchange.’ This                  • Make a left at the stoplight at the end of the
essentially allows businesses to purchase Exchange service              off ramp onto Nave Drive.
for a monthly per user fee. Instead of installing expensive
equipment, within hours you can be operating on a web-                • Make a left at light onto Ignacio Blvd., which
server. Costs start as low as $5 per user per month.                    will take you over the freeway.
     Costs aside, the pros to implementing a hosted solution
are endless. By using an off-premise service, businesses              • At the light turn right at Enfrente Dr.
no longer fall victim to their Internet Service Providers             • Follow Enfrente Dr. through one stop sign.
(ISPs). If your internet goes down, you can easily jump
on Starbucks’ WiFi or pull your iPhone from your pocket.              • Enfrente dead ends at Entrada Drive turn
Additionally, this removes the burden of backing up your                right.
email, which for many businesses rarely happens. You
can rest assured that your email is redundantly stored on             • Entrada Drive dead ends to the left onto the
multiple secure servers world-wide. Finally, when a new                 Inn’s property.
version of Exchange is introduced, you are not on the hook
6
                                                  The Marin Lawyer

housIng aCCEssIBIlITy for                                              Insufficient clearances in bathrooms, limiting a wheel-
                                                                  chair user’s ability to maneuver;
PErsons wITh dIsaBIlITIEs                                              Restrictively narrow interior doorways;
By Jessica Tankersley*                                                 Restrictively narrow parking access aisles; and
                                                                       Excessive pressure required to open doors in common
     Under federal law, all housing units located in build-       use areas, such as mailrooms.
ings of four or more units built for first occupancy after
March 13, 1991 must comply with the accessibility require-
ments of the Fair Housing Act. Fair Housing of Marin, as                Fair Housing of Marin will facilitate a conference on
a member of the National Fair Housing Alliance (NFHA)             accommodating disabilities for attorneys, housing provid-
and in conjunction with fair housing organizations in Cali-       ers, and tenants on Thursday, March 4. Liza Cristol-Deman
fornia, Georgia and Florida, recently reached a landmark          of Brancart & Brancart will present a session on fair hous-
settlement agreement with the nation’s fifth largest builder      ing laws related to disability. In addition, representatives
of residential real estate to dramatically increase housing       from both HUD and DFEH will facilitate break-out ses-
accessibility for persons with disabilities.                      sions. For more information, please contact Fair Housing
                                                                  of Marin at (415) 457-5025 or visit our website at www.
                                                                  fairhousingmarin.com.
      In June 2007, Fair Housing of Marin, along with four
other NFHA members, filed suit against the A.G. Spanos
Companies in federal district court in San Francisco.                  *Jessica Tankersley is a Staff Attorney at Fair Housing
The lawsuit was based on substantial obstacles to acces-          of Marin. Fair Housing of Marin is a private, non-profit
sibility identified at a number of properties constructed         agency serving the fair housing needs of residents in Marin
by the Spanos Companies over the course of extensive              and Sonoma Counties.
investigations, including audits of properties in Marin and            Disclaimer: This article provides general information
Sonoma counties performed by Fair Housing of Marin.               about fair housing. It is not intended to provide legal advice
The suit recently settled amicably, on groundbreaking and         about specific situations. In such cases, consumers should
unprecedented terms: A.G. Spanos Companies agreed to              seek legal or other expert advice.
establish a $4.2 million national fund to retrofit inacces-
sible buildings, as well as a local fund of $50,000 per year
over a three-year period for retrofits specifically in Marin
and Sonoma Counties. Fair Housing of Marin is currently                   A. MAGGI SAUNDERS & ASSOCIATES
working with Marin Center for Independent Living, a local                         C ER TIFIED SHO R THAN D R EPO R TER S

non-profit serving the needs of people with disabilities, to                  Ser ving the E ntire B ay Area s inc e 197 4
structure an accessibility program to distribute local retrofit        415-383-6281 (office)             415-823-3790 (mobile)
funds in Marin and Sonoma Counties.
                                                                                      maggisaunderscsr@neteze.com

     While the Spanos settlement promises to make head-                  “In a deposition, the Court Reporter
way towards increasing housing accessibility for persons                         is your biggest asset”
with disabilities, much remains to be done. Marin County
housing providers should take proactive measures to ensure           Lowest Per Page Rate - Delivered in One Week
that existing as well as future developments comply with
the Fair Housing Act. Accessibility requirements apply to                No Premium rates for Doctors, Expert Testimony,
both individual housing units and common or public use                          Evening or Weekend Depositions
space. Common accessibility violations include:
                                                                            Free Condensed transcripts, ASCIIs, CDs,
                                                                      Translators, Video Depositions, Free Conference Room
      Lack of clear floor space at kitchen sink, stove, refrig-
erator and/or dishwasher, rendering those fixtures inacces-          Member: National Court Reporters Association & SFTLA
sible to, or unsafe for, wheelchair users;                         Multiple References upon request, UCLA Graduate with Honors
      External thresholds at balconies, patios, front doors, or                 And Mom to a talented young actor
in transition between internal rooms that present an obstacle
to wheelchair users;                                               Labor & Employment, Civil Rights, Medical Malpractice, Complex Personal
                                                                       Injury, Construction Defect, Product Liability, Commercial Business
      Electrical switches and/or outlets placed beyond the
reach of a wheelchair user;                                             The best court reporter always gets the last word!


                                                                                                                                             7
                                                  The Marin Lawyer
(President’s Message, continued from page 1.)
screened individuals seeking legal advice. There is no           law are landlord-tenant, consumer, employment matters,
commitment beyond giving advice for those few hours,             and family law. To volunteer, just call Robynn Gaspar,
and in particular, there is no commitment to undertake           MCBA’S Executive Director at (415) 499-1314, or email
representation on any cases. At the same time, for those         rgaspar@30nsp.org.
individuals coming to the clinic embroiled in a dispute and
in need of legal help, your assistance in navigating the way           In addition, MCBA received a request from Marin
through what is often perceived as an incomprehensible           Family Action, a member of the Marin Justice Center, for
legal maze is invaluable. Sometimes the advice is just           attorney volunteers to help with their Save Home project,
to write a letter, or direction on what information and/or       assisting clients who are facing foreclosures and/or in need
documentation the person needs to gather in order to make        of refinancing their mortgages and other debts. To volun-
an assessment of the viability of a claim. And, sometimes        teer, call Manny Fernandez, Executive Director of Marin
the advice is simply that there isn’t any real legal redress     Family Action, at (415) 444-0915, ext. 302. To read more
for the situation. All the same, it can be very cathartic and    about Marin Family Action and their projects, visit their
reassuring for someone to have an experienced lawyer             website at www.marinfamilyaction.org.
really listen to them, analyze the situation, and provide             Yet another option is to sign up with the MCBA’S Law-
honest, direct feedback.                                         yer Referral Service (“LRS”), which provides extremely
      Those who like the advice-only option now have even        low-cost legal services to members of the public. LRS
more opportunities to volunteer. As I announced at the           clients pay $50 (waived for personal injury and worker’s
Installation Dinner, MCBA and Legal Aid of Marin are             compensation cases) for a thirty-minute consultation with
launching a San Anselmo-based legal advice clinic, simi-         an attorney who is specifically knowledgeable in the area
lar to the former “Y” legal clinic. The first clinic will be     of law of concern to the client. This, too, is a limited com-
held on Tuesday, March 16th at the Law Offices of Steve          mitment for the attorney. However, after the thirty-minute
Kesten, 400 Redhill Avenue, in San Anselmo. If success-          consultation, if you determine that this is a client you can
ful, the clinic will operate on a monthly basis to serve         work with and a case you want to take on, and the client
the civil legal needs of the West Marin community. The           agrees, you are free to negotiate a fee arrangement for
clinic is in need of attorney volunteers knowledgeable in        further representation. A number of MCBA attorneys have
general civil law. The most frequently requested areas of                                              (Continued on page 13.)


          Resolution Remedies proudly welcomes…

                                                 JUDGE MICHAEL B. DUFFICY
                                         We are pleased to welcome Judge Michael B. Dufficy to our panel of ADR
                                         Professionals. Judge Dufficy recently retired from the Marin County Superior
                                         Court after twenty years of judicial service. He served as trial Judge in hundreds
                                         of cases and is recognized as one of the most effective settlement judges in
                                         Marin County. His broad experience includes the areas of personal injury,
                                         medical malpractice, wrongful death, construction defect, product liability, real
                                         estate, land use, employment, family law, & probate matters. In the area of
                                         probate and trust law, he has handled a number of complex, multi-party cases,
                                         involving will contests and trust litigation in multi-million dollar estates. Judge
                                         Dufficy is well known and respected by his peers and both sides of the bar.

    More information including complete resumes for all panelists are available on line.

                     Look us up on the Web ……www.resolutionremedies.com
                                                (800) 778-2823

8
                                               The Marin Lawyer

MarIn CounTy Bar sTandIng CoMMITTEEs and sECTIons 2010

BYLAWS COMMITTEE
                NAME                    TERM        TELEPHONE        E-MAIL
Chair           Eric Sternberger        2010        (415) 453-9433   eric@rflawllp.com
Board Liaison   Jessica Karner          2010        (415) 456-4000   jkarner@marinlaw.com
                Chris Sheron            2011        (415) 898-3200   chris@sheronlaw.com
                Terrel Mason            2011        (415) 454-9880   tmason@rmm-law.com


ETHICS/UNAUTHORIZED PRACTICE OF LAW & ADMINISTRATION OF JUSTICE
                NAME                    TERM        TELEPHONE        E-MAIL
Chair           Ed Berberian            2010        (415) 499-6450   eberberian@co.marin.ca.us
Board Liaison   Tim Chambers            2010        (415) 459-3100   tim@rowlandchambers.com
                Peter Brekhus           2012        (415) 461-1001   peterb@brekhus.com
                Antonio Cortes          2011        (415) 256-1911   corteslaw@comcast.net
                Sean Kensinger          2011        (415) 845-3265   SKensinger@co.marin.ca.us
                Don Lesser              2011        (415) 453-7600   dlesser@lessergroup.com
                Matt White              2011        (415) 453-1010   matt@mattwhitelaw.com


CLE COMMITTEE
                NAME                    TERM        TELEPHONE        E-MAIL
Chair           David Zeff              2010        (415) 923-1380   ZeffLaw1@aol.com
Board Liaison   Otis Bruce, Jr          2010        (415) 499-6450   OBruce@co.marin.ca.us
                Robert Diskint          2011        (415) 925-1000   robertdiskint@yahoo.com
                Charles Dresow          2011        (415) 300-7753   cdresow@gmail.com
                Sean Kensinger          2011        (415) 845-3265   SKensinger@co.marin.ca.us


CLIENT RELATIONS COMMITTEE
                NAME                    TERM        TELEPHONE        E-MAIL
Chair           Judy Cohen              2010        (415) 479-1400   jhbcohen@pacbell.net
Vice Chair &    Michael Fish            2010        (415) 382-0100   mfish@fishandsnell.com
Board Liaison
                Bruce Blakely           2011        (415) 381-6650   bruce@brucewblakely.com
                Barri Kaplan Bonapart   2011        (415) 332-3313   bonapart@treelaw.com
                Judith Austin Brown     2011        (415) 507-1400   judith@sharpbrown.com
                Bernard Burk            2011        (415) 434-1600   bburk@howardrice.com
                Renee Chernus           2011        (415) 455-8081   rchernus@aol.com
                James Cohen             2011        (415) 479-8400   james_cohen@sbcglobal.net
                Colleen Doherty         2011        (415) 482-7799   colldoherty@comcast.net
                Francis Doherty         2011        (415) 455-0260   francis@baylaw.us
                Peter Flaxman           2011        (415) 381-6650   pfesq@aol.com
                Stephen Gainer          2011        (415) 892-7214   srgainer@gainerlaw.com
                Monty Georgeson         2011        (415) 455-0262   monty@baylaw.us
                John Grey               2011        (415) 457-6444


                                                                                                 9
                                             The Marin Lawyer

                Sandra Groven         2011        (415) 332-2001   SGroven217@aol.com
                Glenn Kabanuck        2011        (415) 472-6655   glenn@gamerlaw.com
                Sarah Killingsworth   2011        (415) 924-7171   skillingsworth@simborg-killingsworth.com
                Scott Lueders         2011        (415) 892-8431   slfamlaw@aol.com
                Sharon Mah            2011        (415) 454-9680   sfmesq@aol.com
                Mary McLain           2011        (415) 380-8386   mmclain@att.net
                Lexi Mussallem        2011        (415) 655-5900   lexi@mdmfamilylaw.com
                Shelia Nevins         2011        (415) 924-2006   ssnevins@comcast.net
                Victor Obninsky       2011        (707) 935-7422   vpobninsky@comcast.net
                Gary Oswald           2011        (415) 927-5700   gpoclimb@aol.com
                Christopher Sheron    2011        (415) 898-3200   chris@sheronlaw.com
                Phil Snell            2011        (415) 382-0100   psnell@fishandsnell.com
                Neil Sorensen         2011        (415) 499-8600   neil@sorensenlaw.com
                Lawrence Strick       2011        (415) 721-1200   lstrick@stricklaw.com
                Godfrey Tencer        2011        (415) 459-3500   godfreyjtencer@aol.com
                Glenn Youngling       2011        (415) 454-1090   ghy@younglinglaw.com
                David Zeff            2011        (415) 923-1380   ZeffLaw1@aol.com


JUDICIAL EVALUATION COMMITTEE
                NAME                  TERM        TELEPHONE        E-MAIL
Chair &         Beth Jordan           2010        (415) 485-9290   bethsjordan@comcast.net
Board Liaison
                Ed Berberian          2011        (415) 499-6450   eberberian@co.marin.ca.us
                Marlene Getchell      2011        (415) 457-8830   mgetchell@mlplaw.com
                Jeff Lerman           2011        (415) 454-0455   jeff@lermanlaw.com
                Len Rifkind           2011        (415) 785-7988   len@rifkindlawgroup.com


JUDICIAL FAIRNESS COMMITTEE
                NAME                  TERM        TELEPHONE        E-MAIL
Chair           Elliot Bien           2010        (415) 898-2900   elb@biencounsel.com
Board Liaison   Larry Baskin          2010        (415) 456-2500   larry@baskinlaw.com
                Cecilia Bridges       2011        (415) 460-2891   ceciliabridges@comcast.net
                Colleen Doherty       2011        (415) 482-7799   colldoherty@comcast.net
                Peter Mitchell        2011        (415) 453-0534


JUDICIAL LIAISON
                NAME                  TERM        TELEPHONE        E-MAIL
Chair           Matt White            2010        (415) 453-1010   matt@mattwhitelaw.com
Board Liaison   Randy Wallace         2010        (415) 456-8400   jrw@jrwallacelaw.com
                Dave Feingold         2011        (415) 453-9433   dfeingold@rflawllp.com
                Clay Greene           2012        (415) 458-9290   claygreene@mindspring.com
                Beth Jordan           2012        (415) 485-9290   bethjordan@comcast.net
                Terrel Mason          2011        (415) 454-9880   tmason@rmm-law.com
                Victor Obninsky       2011        (707) 935-7422   vpobninsky@comcast.net
                Len Rifkind           2011        (415) 785-7988   len@rifkindlawgroup.com



10
                                               The Marin Lawyer

LAW DAY/PUBLIC EDUCATION
                NAME                    TERM        TELEPHONE              E-MAIL
Chair           Julianna Weil           2010        (415) 233-1411         julianadweil@yahoo.com
Board Liaison   David Brown             2010        (415) 499-6321         dbrown@co.marin.ca.us
Board Liaison   Joel Gumbiner           2012        (415) 695-2993         joel@insuredlaw.com
                Otis Bruce, Jr          2011        (415) 499-6450         OBruce@co.marin.ca.us
                Charlie Dresow          2011        (415) 300-7753         cdresow@gmail.com
                Daniel Hegwer           2012        (415) 577-9591         contact@danielhegwer.com
                Tara Higgins            2012        (415) 479-6731         thigginslaw@msn.com
                Carolyn Rosenblatt      2011        (415) 459-0413         nurselawyer@comcast.net


LAWYER REFERRAL SERVICE COMMITTEE
                NAME                    TERM        TELEPHONE              E-MAIL
Chair           Richard Helzberg        2010        (415) 485-2200         rhelzberg@mlplaw.com
Board Liaison   Marlene Getchell        2010        (415) 457-8830 x 578   mgetchell@mlplaw.com
Board Liaison   Jessica Karner          2010        (415) 456-4000         jkarner@keeginharrison.com
                Suzanne Crow            2011        (415) 309-6170         sbrowncrow@yahoo.com
                Francis Doherty         2011        (415) 455-0260         francis@baylaw.us
                Steven Duditch          2011        (415) 456-3422         duditchlaw@aol.com
                Robynn Gaspar           2011        (415) 499-1813         rgaspar@30nsp.org
                Monty Georgeson         2011        (415) 455-0262         monty@baylaw.us
                Reed Harvey             2011        (415) 456-0300         ReedEHarvey@gmail.com
                Brian Kram              2011        (415) 507-0707         Bkramlaw@pacbell.net
                Tim Nardell             2011        (415) 485-2200         tim@jtnlaw.com
                David Picchi            2011        (415) 457-4080         picchiesq@sbcglobal.net
                Ian Sammis              2011        (415) 457-4200         imsammis@IanMSammis.com


LEGISLATION COMMITTEE
                NAME                    TERM        TELEPHONE              E-MAIL
Chair           Ken Drexler             2010        (415) 485-1330         kdrexler@svn.net
Board Liaison   Dennis Kavanagh         2010        (415) 332-1755         denniskavanagh@yahoo.com
                Robert Diskint          2011        (415) 925-1000         robertdiskint@yahoo.com
                Sharon Maier            2011        (415) 383-8870         sharonmaier@comcast.net


LIBRARY COMMITTEE
                NAME                    TERM        TELEPHONE              E-MAIL
Chair           Bill Saul               2010        (415) 453-2000         wesaul@saullawfirm.com
Board Liaison   Elizabeth Brekhus       2010        (415) 461-1001         elizabethb@brekhus.com
                Debra Whitehouse-Kemp   2011        (415) 785-1150         debrawkemp@comcast.net


MARIN JUSTICE CENTER COMMITTEE
                NAME                    TERM        TELEPHONE              E-MAIL
Chair           Shelley Kramer          2010        (415) 456-7500         skramer@freitaslaw.com
Board Liaison   Lisa Maslow             2010        (415) 380-9470         lisa@maslowlaw.com
                Colleen Doherty         2011        (415) 482-7799         colldoherty@comcast.net
                Louis Napoli            2011        (415) 559-2629         LouisNapoli@sbcglobal.net
                Matt White              2011        (415) 453-1010         matt@mattwhitelaw.com

                                                                                                        11
                                                 The Marin Lawyer

MEMBERSHIP/INSURANCE
                NAME                     TERM            TELEPHONE               E-MAIL
Chair           Otis Bruce, Jr           2010            (415) 499-6450          OBruce@co.marin.ca.us
Board Liaison   Lou Franecke             2010            (415) 457-7040          louis.franecke@gte.net
                Pieter Bogaards          2011            (415) 381-5002          pieter@bogaards.com
                Lisa Goldfien            2011            (415) 485-3080          lisa.goldfien@ci.san-rafael.ca.us
                Joel Gumbiner            2011            (415) 695-2993          joel@insuredlaw.com
                Sean Kensinger           2011            (415) 845-3265          SKensinger@co.marin.ca.us
                Jordan Lavinsky          2011            (415) 995-5848          jlavinsky@hansonbridgett.com
                Dotty LeMieux            2011            (415) 485-1040          coastlaw@earthlink.net


PROGRAM/ENTERTAINMENT COMMITTEE
                NAME                     TERM            TELEPHONE               E-MAIL
Chair           Joel Gumbiner            2010            (415) 695-2993          joel@insuredlaw.com
Board Liaison   Sara Allman              2010            (415) 461-2700          all-niel@comcast.net
                Houman Chitsaz           2011            (415) 485-2200          houman@ncalegal.com
                Riley Hurd               2011            (415) 453-9533          rhurd@rflawllp.com


PUBLIC INFORMATION
                NAME                     TERM            TELEPHONE               E-MAIL
Chair           Lawrence Strick          2011            (415) 721-1200          lstrick@stricklaw.com
Board Liaison   Sara Allman              2010            (415) 461-2700          all-niel@comcast.net
                Ed Rockman               2011            (415) 380-8853          erockman@rockmanlaw.com


SECTION
                 CHAIR                            TERM          TELEPHONE                E-MAIL
ADR              Carolyn Rosenblatt               2010          (415) 459-0413           nurselawyer@comcast.net
                 Michael Malone (Secretary)       2010          (415) 472-2091           mgmalone@comcast.net
                 Michael Samuels (Treasurer)      2010          (415) 258-9064           samuelslaw@comcast.net
Barristers       Houman Chitsaz (Co-Chair)        2010          (415) 485-2200           houman@ncalegal.com
                 Sarah Leger (Co-Chair)           2010          (415) 453-9433           sleger@rflawllp.com
Business Law Vacant
Criminal Law David Brown                          2010          (415) 499-6321           Dbrown@co.marin.ca.us
Diversity        Pedro Oliveros                   2010          (415) 499-6321           poliveros@co.marin.ca.us
Employment/Labor Law
                 Pieter Bogaards                  2010          (415) 381-5002           pieter@bogaards.com
Family Law       Kris Cirby (Co-Chair)            2010          (415) 492-9230           kcirby@faclc.org
                 Richard Helzberg (Co-Chair)      2010          (415) 485-2200           RHelzberg@mlplaw.com
Intellectual Property
                 Steven Nielsen                   2010          (415) 461-2700x203       Steve@NielsenPatents.com
Probate & Estate Planning
                 Louis Napoli (Co-Chair)          2010          (415) 559-2629           LouisNapoli@sbcglobal.net
                 Elizabeth Krivatsy (Co-Chair)    2010          (415) 307-4353           ekrivatsy@krivatsy.com
Real Property Derek Weller (Co-Chair)             2010          (415) 453-1375           derek@derekwellerlaw.com
                 Paul Smith (Co-Chair)            2010          (415) 456-4000           psmith@marinlaw.com


12
                                                       The Marin Lawyer
(President’s Message, continued from page 8.)                            (Volunteers, continued from page 3.)
found this to be a fruitful way to get business and build                     We need volunteer attorneys to staff the clinic! We re-
their practices, which makes it a win-win situation for at-              quest attorneys with knowledge of general civil law and/or
torney and client. To sign up, contact Robynn Gaspar. To                 family law to consider volunteering on a rotating basis. The
learn more about LRS, you can view the MCBA website                      most frequently requested area of law is landlord-tenant.
at www.marinbar.org.                                                     Consumer and employment matters tie for second place,
                                                                         followed by family law and any number of other issues.
      Attorneys should also consider offering unbundled ser-
vices, also known as limited scope representation. Rather                     Legal consultations at these clinics are designed to
than taking on full representation and signing on as counsel             be limited in scope. Attorneys need not commit to taking
of record for a matter, attorneys perform discrete services,             a case unless they choose to after the consultation. The
such as only providing advice and counsel (but nothing                   clinic’s primary service is to provide participants with a
else), or just writing documents or pleadings (aka ghost-                sense of relief by addressing their basic legal fears and
writing1), or representing the client in court, but just for a           giving them the knowledge to make informed decisions.
particular motion and/or hearing. Although the attorney
won’t get his or her regular retainer for full representation,                Please join MCBA, Legal Aid of Marin and the Law
clients expect to pay full price for the limited services. The           Offices of Steve Kesten in giving back to the community
most important thing for the attorney to remember is to                  through pro bono legal services. To volunteer, please con-
clearly define the scope of the services agreed upon. This is            tact Robynn Gaspar, MCBA’s Executive Director, at (415)
a win-win situation since the attorney bills his or her usual            499-1314 or rgaspar@30nsp.org.
billing rate for the task(s) specifically undertaken, and the
client gets needed legal help where he or she wants and                      Thank you for your anticipated commitment.
needs it. Recognizing that the number of self-represented                    * Paul Cohen is the Executive Director of Legal Aid
clients is steadily increasing, unbundled services are be-               of Marin, which provided free legal services to more than
coming more and more common, and are now expressly                       2,400 Marin families and individuals in 2009.
endorsed by the American Bar Association, the California
Courts and the State Bar of California (and in most other
states), as a means of effectuating access to justice.
     When it comes to volunteering our legal services,
there’s certainly no shortage of options!

1
  There is a national debate on ghostwriting. While California allows                             Arbitration
                                                                                                   Ivan Weinberg
                                                                                                       Mediator/Arbitrator
                                                                                                  Specializing in Healthcare Issues


                                                                                                        Mediation
attorneys to write pleading that are submitted to court, without the                              and
                                                                                                 • Medical Malpractice
attorney’s appearing in court, some states, such as Florida, require                             • Personal injury
disclosure of the fact that a pleading has been prepared with attorney                                        Ivan Weinberg
                                                                                                 • Products Liability

assistance. Colorado goes even further and requires disclosure of
the identity of the ghostwriter, including the attorney’s name and
                                                                                                 • Elder Abuse
                                                                                                                 Center Mediator/Arbitrator
                                                                                                 • Peer Review Specializing in Healthcare Issues
                                                                                                 • Medical Issues in Family Law
State bar number.                                                             Santa Rosa • San Rafael • Your Location
                                                                                                • Medical Malpractice
                                                                             • 35 Years Civil Litigator
                                                                                                                  • Personal injury
                                                                             • Member: American Board of Trial Advocates
                                                                                                Ivan Weinberg
                                                                             • JD: UCLA Law School                • Products Liability
                                                                             • MS: UC Berkeley, Health & Medical Sciences Abuse
                                                                                                                  • Elder
                                                                                                 Mediator/Arbitrator
                                                                             • BA: Stanford, Biological Sciences
                                                                                                          • Peer Review
                                                                                        Specializing in Healthcare Issues
                                                                                  Arbitration and Mediation CenterIssues in Family Law
                                                                                                        • Medical
                                                                                     Santa Rosa • Larkspur • Your Location

    PLACE YOUR AD HERE
                                                                                 • 35 Years Civil Litigator
                                                                                       For scheduling, please contact the Center:
                                                                                 • Member: American Board of Trial Advocates
                                                                                     31 D Street Suite 300, Santa Rosa, CA 95404
                                                                                 • JD: UCLA Law School
           Super Business Card Ad                                            Ph 707-525-9409 • Fax 707-542-0215 • Web www.amcadr.com
                                                                                 • MS: UC Berkeley, Health & Medical Sciences
                                                                                              E-mail ivan@whcrlaw.com
                                                                                 • BA: Stanford, Biological Sciences
             Only $60 per month                                                        Arbitration and Mediation Center
                                                                                                          Elder abuse
                                                                            •	 Medical Malpractice •	 Larkspur • Your Location
           with a 6 month contract.                                                        Santa Rosa •
                                                                            •	 Personal Injury         •	 Peer Review
                Call Pat Stone                                                             For scheduling, please contact the Center:
                                                                            •	 Products Liability      •	 Medical Issues in Family Law
                                                                                       31 D Street Suite 300, Santa Rosa, CA 95404
               (707) 585-3248                                                     For scheduling, please contact the Center:
                                                                              Ph 707-525-9409 • Fax 707-542-0215 • Web www.amcadr.com
                                                                                                Suite ivan@whcrlaw.com
                                                                           111 Santa Rosa Ave., E-mail202 • Santa Rosa, CA 95404
            for more information                                                       Ph 707-525-9409 • Fax 707-542-0215
                                                                                     ivan@whcrlaw.com • www.amcadr.com

                                                                                                                                            13
                                               The Marin Lawyer
(Ten Things, continued from page 1.)
      committed by any supervisor, and for coworker ha-         10. The FEHA prohibits retaliation against employees
      rassment if the employer knew, or should have known           for opposing discrimination or participating in an
      about the harassment. Supervisors are personally li-          internal or government harassment investigation.
      able under FEHA if they illegally harass an applicant,        Regardless of whether the underlying harassment
      employee or contractor.                                       complaint is corroborated by the employer’s inves-
                                                                    tigation, the employer has a duty to ensure that the
 3. Attorneys are prohibited from sexually harassing                complainant and his/her supporters are not retaliated
    their clients under the Unruh Civil Rights Act, Civil           against afterwards by the accused or his/her sup-
    Code Section 51.9. The California Supreme Court                 porters. The one exception is when an employer
    has applied FEHA’s standards of proof to Unruh Civil            has clear proof that an individual intentionally lied
    Rights Act harassment claims.                                   during the investigation; lack of corroboration is not
                                                                    sufficient.
 4. The ABA & California Professional Code of Ethics
    prohibit gender and other forms of illegal bias in the          * Lisa Spann Maslow, a member of the MCBA Board
    profession. Title VII of the U.S. Civil Rights Act         of Directors, has specialized in labor and employment law
    prohibits workplace harassment by employers with           since 1983. She provides legal advice to employers on a
    15 or more employees.                                      range of topics, including and hour, employment discrimi-
                                                               nation and employee discharge and disciplinary matters.
 5. “Quid Pro Quo” harassment occurs when job benefits         Lisa also conducts independent workplace investigations
    are conditioned, by words or conduct, on an em-            for employers who have been accused of illegal harass-
    ployee’s acceptance or rejection of unwelcome sexual       ment, discrimination or retaliation. She may be contacted
    advances or conduct. Quid pro quo harassment need          at (415)380-9470 or lisa@maslowlaw.com.
    not be severe and pervasive to establish liability.

 6. “Hostile environment” harassment occurs when
    unwelcome sexual conduct is so pervasive or severe
    that it creates an abusive work environment, from
    the viewpoint of a “reasonable person” as well as the              PhiliP R. DiamonD
    individual. Liability may be established even if the                               mEDiaToR
    employee suffers no economic job detriment.
                                                                       ExpEriEncEd • EffEctivE • dEdicatEd
 7. Illegal sexual harassment under the FEHA can be
    conduct based on gender (with or without sexual                                     Philip R. Diamond is a talented, hard
    conduct), gender identity (e.g., transvestites or trans-                            working mediator, who is committed
    sexuals), or pregnancy, childbirth, or related medical                              to shepherding all matters through to
    conditions (e.g., nursing mothers).                                                 resolution. His wide-ranging media-
                                                                                        tion and civil litigation experience
                                                                                        includes:
 8. The FEHA also prohibits workplace harassment
    based on race, color, religion, national origin, age
    (40+), physical or mental disability, sexual orienta-         • Construction and Real Estate       •   Professional Liability
    tion, and marital status.                                     • Commercial and Residential         •   Insurance
                                                                    Landlord/Tenant                    •   Product Liability
                                                                  • Business Disputes and Litigation   •   Wills and Trusts
 9. Employers have an affirmative duty to prevent and             • Employment                         •   General and Toxic Torts
    remedy illegal workplace harassment. Complaints               • Personal Injury
    must be promptly and impartially investigated in as
    confidential manner as possible. Depending on the               Law & MEdiation officEs of phiLip r. diaMond
    outcome of the investigation, disciplinary action up                     4040 civic cEntEr drivE, suitE 200
                                                                                san rafaEL, caLifornia 94903
    to and including termination, may be warranted to                tELEphonE (415) 492-4500 • facsiMiLE (415) 388-8257
    “effectively remedy” the harassment.                                     email: philipdiamond@comcast.net


14
                                                     The Marin Lawyer
(Helping Veterans, continued from page 4.)
                                                                      munity to help us meet this goal. Swords to Plowshares
     Swords’ legal team provides free veteran benefits
                                                                      will provide free training to lawyers who wish to provide
advocacy to all veterans in need of help. We do not
                                                                      pro bono assistance to homeless and low-income veterans
discriminate against veterans whose time in service was
                                                                      in our community.
brief or whose status of military discharge was other than
honorable. All veterans are welcome at Swords. The same,
                                                                           If you are a lawyer who wants to volunteer, please
however, is not true of the Department of Veterans Affairs
                                                                      contact Swords to Plowshares at legal@stp-sf.org for more
(VA) system.
                                                                      information and a volunteer application form.
     In fact, 35% of veterans who seek services at Swords          * Elinor Roberts is the Legal Director of Swords to
are not eligible for VA benefits. The legal unit at Swords has Plowshares. The office is located at 1060 Howard Street
successfully helped veterans of all ages and backgrounds in San Francisco.
access the VA benefits and medical care they have rightfully
earned. The attorneys at Swords have been practicing VA
law and representing veterans for decades and are some of
the leading experts in the country. They advocate on behalf                 To increase sales,
of veterans by addressing the key obstacles that prevent
veterans from being eligible for VA benefits and services.           announce a new partner
Accessing VA benefits and services can truly make or break
the course of a veteran’s life.                                    or advertise a new business:

     In 2009 Swords to Plowshares provided free legal                               place your ad in
advice to nearly 500 veterans, 189 who served in Iraq and
Afghanistan. Each year, we win hundreds of thousands
of dollars in VA disability compensation and pension on
behalf of our clients and we leverage several times more
                                                                          “The Marin Lawyer”
than what it costs Swords to provide these services, at no
cost to the veterans themselves. And we’ve won more                                         contact
than 90 percent of the cases that are followed through to                                 Pat Stone,
conclusion. These victories would not be possible without                               Express Printing
Swords’ wraparound services to provide stability and sup-
port to veterans while their cases wind their way through a
VA adjudication process that takes years, if not decades.                           Phone: (707) 585-3248
                                                                                     Fax: (707) 585-0844
    Swords is at a critical juncture because a grant fund                          E-mail: express@sonic.net
which has allowed us to counsel nearly 440 Iraq and Af-
ghanistan veterans has closed. Unfortunately, we anticipate
a huge increase in the number of veterans from Iraq and
Afghanistan who will need our help.
                                                                                   LaWYeR ReFeRRaL
      It is simply not an option for us to eliminate these critical                  SeRvICe PaNeL
services and abandon our returning veterans. As a nation,                      We need attorneys for our
we must be prepared to provide care and legal representation                 Lawyer Referral Service Panels
for the estimated 700,000 Iraq and Afghanistan veterans who
                                                                                 in the following areas:
will develop combat-related post-traumatic stress disorder
                                                                              Tax, Workers Compensation,
(PTSD) and need advocacy to process their VA claims.
                                                                                Juvenile, and Education.
     The need for free legal services is greater now than                   Contact: Jan at (415) 499-1813
ever. Swords will continue to help veterans who have
                                                                        for an application or more information.
nowhere else to turn – and we call upon the legal com-

                                                                                                                            15
                                                            The Marin Lawyer

MarIn suPErIor CourT CrEaTEs
sETTlEMEnT ConfErEnCE                                                      Mediation offices of
dEParTMEnT
     The Marin County Superior Court is launching a
                                                                       Steven RoSenbeRg
pilot program for civil, probate and family law settlement             Highly effective and skilled mediation services for
conferences. Historically, these conferences have been                       • commercial            • Real estate
scheduled before the assigned trial judge. Commencing                        • employment            • Probate
March 1, 2010, the court will maintain a separate settle-                    • family Law            • Personal injury
ment conference department. The department will be run
by Judge Lynn Duryee.                                                                   Mr. Rosenberg has practiced law for over 30
                                                                                        years. He is an adjunct Professor of Law at
                                                                                        Usf, an approved consultant for the acad-
      The civil, probate, and family law judges will assign                             emy of family Mediators and was chair of
settlement conferences to the settlement conference depart-                             the Marin county Bar adR section. He
ment. Judge Duryee may hear the settlement conference                                   is a member of the mediation panels for the
herself, or she may assign the case to another judicial                                 U.s. district court, nasd, and all Bay area
                                                                                        trial & appellate courts.
officer. A panel of trained lawyers and mediators may as-
sist with the settlement conference. Any case sent to the
settlement department will remain set before the assigned                         References available upon request.
civil or family law judge for all other purposes.
                                                                      775 East Blithdale Avenue, #363, Mill Valley, CA 94941
    In Family Law matters, the Bench-Bar Settlement                                 RosenbergMediation.com
Conference procedure will remain unchanged. Cases that                                    415/383-5544
do not settle at the BBSC may be assigned by the Family
Law Judge to the settlement department for further settle-
ment discussions.

     Settlement conference statements must be delivered to
the ADR desk ten court days before the settlement confer-                        To increase sales,
ence. All persons with settlement authority must appear
for the settlement conference. If the case settles before the             announce a new partner
conference, please notify the scheduling clerk promptly.
                                                                       or advertise a new business:
     The court looks forward to hearing your feedback on
its new settlement department.
                                                                                 place your ad in


                                                                       “The Marin Lawyer”
              Serving the legal community of Marin since 1965                              contact
           MaRIN PaCIFIC COMPaNY.INC.                                                    Pat Stone,
               General Insurance Brokers and agents
                                                                                       Express Printing
         PROBate BONdING                                                         Phone: (707) 585-3248
                            453-1620
                                                                                  Fax: (707) 585-0844
  1430 Fourth Street                          Daniel C. Dufficy                 E-mail: express@sonic.net
  San Rafael, CA 94901                        Gail Anne Geary
     Representing major surety carriers • fast local service


16
                                                  The Marin Lawyer
(Spotlight, continued from page 5.)
     TML: If you could pursue any other career besides            dETaIls for EVEnTs CalEndar
law, what would it be and why?
                                                                    March 17, 2010
     KFC: If I was not practicing law, I would probably
                                                                    Probate & Estate Section Meeting
be working in politics. I became interested in politics in
college and have supported various initiatives and candi-           Asset Protection with Jacob Glickman
dates throughout my adult life. I worked in the US Senate           Tamalpais Room, San Rafael Conference Center,
for a summer right after college. The “behind the scenes            750 Lindaro Street, San Rafael
politics” always fascinates me.                                     12 – 1:30 pm

     TML: Why did you join MCBA?                                    March 22, 2010
                                                                    Probate & Trusts Mentor Group
                                                                    Estate Planning in 2010
     KFC: MCBA is a fabulous way to meet other lawyers
                                                                    802 B Street, San Rafael
in and out of your practice area. The monthly meetings are
always informative and interesting. As the co-chair of the          Please RSVP to Michelle Lerman,
Family Law Section last year and this year, I have gotten to        Michelle@lermanlaw.com
know my colleagues even better. And, I earn MCLE credit             12 – 1:30 pm
at our monthly brown bag meetings.
                                                                    March 24, 2010
    TML: If you had to pick a single highlight of your              ADR Section Meeting
career, what would it be?                                           Roundtable Discussion - “What now Mr. Mediator?”
                                                                    Please RSVP to Michael Malone at
     KFC: I helped a father whose son had been kidnapped            mgmalone@comcast.net
and taken out of the country by the noncustodial mother. I          call 472-2091
began representing him with the filing of the initial paternity     12 – 1:30 pm
petition when the child was only 2 years old. I helped him
gain sole legal and sole physical custody. When the mother
took the child wrongfully to another country, I worked with
the foreign government and the Sonoma County District
Attorney in a proceeding under The Hague Convention of
25 October 1980 on the Civil Aspects of International Child
                                                                                      Drunk Driving
Abduction. The child was finally returned to the father five
months after he was taken.                                                                and
     TML: What was the best/worst/strangest experience                                DMV Matters
in your career?

     KFC: I have seen so many unique and interesting                          Paul Burglin
cases in my career as a family law attorney. However, I must
                                                                  Mitchell, Hedin, Breiner, Ehlenbach & Burglin
say that the strangest experience was probably the opposing
self-represented party who spent several days protesting           Courthouse Square, 1000 Fourth St., Suite 570
outside my office because he was angry that I had helped                      San Rafael, CA 94901
his ex-wife obtained a restraining order against him. He
blamed me for his inability to speak to his wife, and used                    (415) 453-0534
his First Amendment Right to express his opinion.
                                                                            DUIandDMV.com
                                                                      Author: Calif. Drunk Driving Law
                                                                      A-V Rated - Martindale Hubbell TM

                                                                                                                    17
                                             The Marin Lawyer

                                                        Paul Garrison
      nEw MEMBErs                                       Law Offices of Paul Garrison
                                                        1300 Clay Street, Ste 600
                                                        Oakland, CA 94612
     Mark Burton                                        510-384-6469 Fax: 510-839-3956
     Hersh & Hersh                                      paulgarrison55@comcast.net
     601 Van Ness Ave, Suite 2080
     San Francisco, CA 94102                            Tunstall Lang
     415-441-5544 Fax: 415-441-7586                     Huffman-Broadway Group, Inc
                                                        1165 Meadowcrest Dr
     mburton@hershlaw.com                               Corte Madera, CA 94925
                                                        415-925-2000 Fax: 415-925-8666
     Molly Coomber                                      tlang@h-bgroup.com
     Law Office of Molly Coomber
     103 E Blithedale Ave, Suite A                      Sharon Laveson
     Mill Valley, CA 94941                              Gallo & Associates
     415-383-5061 Fax: 415-383-5072                     28 Gomez Wy, #7
     mollycoomber@earthlink.net                         Mill Valley, CA 94941
                                                        917-309-4556 Fax: 310-338-1199
     John Cuerva                                        laveson66@yahoo.com
     14 Unionstone Dr
     San Rafael, CA 94903                               N. Mauricio Reznik
                                                        The Goldman Law Firm
     415-342-9116                                       55 Main Street
     jcuerva@yahoo.com                                  Tiburon, CA 94920
                                                        415-435-5500 Fax: 415-435-5156
     Sasha M. Cummings                                  mreznik@goldmanlawfirm.net
     Lewis Brisbois Bisgaard & Smith LLP
     One Sansome Street, Suite 1400                     Ann Riley
     San Francisco, CA 94104                            Law Office of Ann Riley
     415-262-8563 Fax: 415-434-0882                     555 Montgomery, #605
     cummings@lbbslaw.com                               San Francisco, CA 94111
                                                        415-576-1376 Fax: 415-476-1375
     Erin P. Farley                                     ann.rr@sbcglobal.net
     Law Office of Erin P. Farley
                                                        Joshua Stein
     P O Box 7331                                       The Stein Law Firm
     Petaluma, CA 94954                                 525 Chapman Dr
     707-776-4772 Fax: 707-658-2913                     Corte Madera, CA 94925
     erinfarleylaw@gmail.com                            415-548-0025 Fax: 415-789-4577
                                                        jstein@TheSteinLawFirm.com
     Lisa Fialco
     Kelly & Farren, LLP
     1101 Fifth Avenue, Ste 160                       ChangE of sCEnE
     San Rafael, CA 94901
     415-925-5200 x 5941 Fax: 415-925-5949
     lfialco@kelleyfarren.com                           Sean P. Barry
     www.kelleyfarren.com                               MacMorris and Carbone
                                                        505 14th, Suite 600
                                                        Oakland, CA 94612
     Nancy C. Field                                     510-267-7271
     Law Office of Nancy C. Field                       Sean_Barry@goAAA.com
     700 Larkspur Landing Circle, #199
     Larkspur, CA 94939                                 Michael Dietrick – Correcting telephone number
     415-464-4886 Fax: 520-844-7117                     Law Offices Of Michael Dietrick
     nancycfield@earthlink.net                          10 Keller, Ste 275
                                                        Petaluma, CA 94952
                                                        707-763-5019
                                                        dietrick@pacbell.net
18
                                                    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                       David Hellman, 1031 Exchange Expert at
                                                                                  MARIN COUNTY EXCHANGE COR PORATION
 their text ad to MCBA, 30 N. San Pedro Rd, Ste. 140, San Rafael,
 CA 94903 with payment of $35 per month, or you may email to:                      A Qualified Intermediary Providing
 rgaspar@30nsp.org . The ad should be no longer than 25 words                 Real Estate Exchange Services and Expertise
                                                                            with over 3,000 Exchanges facilitated since 1984
 and paid in advance. For each additional word add $1.
                                                                                    www.marin1031exchange.com
                                                                    David M. Hellman, President                                  TEL: (415) 457-4411
                                                                    Attorney & CPA                                               FAX: (415) 457-0356
      gET WORk AND PRIME EXEcuTIVE SuITE
IN LAW OFFIcE- Overload work/referrals and elegant
building in Downtown SR. Receptionist, conference room              The Robin eRdmann GRoup
(with wi-fi), kitchen, breakroom, storage area for your              Real Estate & Land Use Economic Consultants & Appraisers
files. Lisa 415-454-0455.

     EAgLE EyE EDITINg: An invaluable second set                    Robin J. eRdmann, mai                                  1885 Falcon Ridge Drive
                                                                     Principal                                             Petaluma, California 94954
of eyes to ensure that your writing is clear, professional,                                                                Telephone: (707) 766-8313
                                                                                                                           Fax:        (707) 766-8343
and effective. 20 years in newspapers, 15 years in business                                                                Robin Erdmann @ comcast.net
writing. lauramerlo@comcast.net.
                                                                    Appraisal/Evaluation & Review Market Feasibility Financial & Economic Analysis
                                                                    Litigation Support       Strategic Planning     Condemnation & Eminent Domain
     LEgAL SEcRETARy Available for short-term                       Redevelopment & Economic Development Analysis       Highest & Best Use Analysis
temporary or long-term assignments and/or possible job
share. Conscientious, responsible and reliable - with 25
yrs. experience! Barbara Plaut – 415-515-2400, email:
browneyedbarbara@gmail.com.

FREE ONE hOuR computer network assessment for
Marin Bar Association members – Atwater Computer
Consulting (and Services) – 415-257-6598, timatwater@
accmarin.com.

     OFFIcE SPAcE AVAILABLE: Full service; recep-
tionist, conference room, Westlaw, with wi-fi, phones, fax
and scanner; reasonable rent; overflow work; downtown
San Rafael; call 415-459-3500.

     gREAT OFFIcE SPAcE in NORTh SAN RA-
FAEL – 165 No. Redwood Drive (off Smith Ranch Rd.)
13’ x 15’ office in congenial four-office attorney suite.
Erik: 415-479-7890.

                                                                    MIssIon sTaTEMEnT of ThE MarIn
                                                                       CounTy Bar assoCIaTIon
   Deadline for submission of articles,                                    To involve, encourage, and support
                                                                                bar association members,
    ads, inserts, and announcements                                 to serve as a liaison to the Marin County courts,
       is the 15th of each month.                                          and to educate the community and
               Thank you.                                                   enhance access to legal services.
                                                                                                                                                       19
                                                                              The Marin Lawyer                    FIRST CLASS
Marin County Bar Association                                                                                      U.S.POSTAGE
30 North San Pedro Road, Ste. 140                                                                                     PAID
                                                                                                                   PERmIT #51
San Rafael, CA 94903                                                                                             ROhnERT PARk
                      published by                                                                                 CALIFORnIA
            The Marin County Bar Association                                                                     daTEd MaTErIal
            415-499-1314 Fax 415-499-1614
                   www.marinbar.org
                MCBA Officers
 Beth S. Jordan      President
 Otis Bruce Jr.      President Elect
 Jessica karner      Treasurer
 Timothy J. chambers Secretary
 Marlene P. getchell Past President
 Lawrence A. Baskin  5 year Past President
                Board of Directors
 Sara Allman             Elizabeth Brekhus
 David I. Brown          Philip R. Diamond
 Todd Duplanty           Michael Fish
 Louis S. Franecke       Joel Gumbiner
 Riley Hurd              Dennis Kavanagh
 Lisa Maslow             Kate Rockas
 Eric Sternberger        J. Randolph Wallace
 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.




            How finding a cure happens.
            How funding a school happens.
            How helping your clients get more from what they give happens.


            Your clients want to make a bigger difference in the world.
            Show them how. The Marin Community Foundation gives
            people smarter, more effective ways to create change. Our
            philanthropic advisors are experts at helping craft personal
            giving strategies that make every gift work harder. Set up a
            meeting today at 415.464.2500 and help your clients turn
            their good intentions into good investments.



            www.marincf.org

                                                                                                 HOW CHANGE HAPPENS




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