March / April 2007 - Sacramento County Bar Association

www.sacbar.org
March/April 2007
SACRAMENTO
COUNTY BAR
ASSOCIATION
MAGAZINE
Attorneys & Retirement
Retiring Minds Want to Know
Is There Life After Law?
How Do
Senior Lawyers
Find Work?
Pet Lovers
A Legal Romp
Operation
Protect & Defend-
A Commitment
to Civic Education

EDITORS-IN-CHIEF
Helene Friedman
Helene.Friedman@dss.ca.gov
Heather Cline Hoganson
Hhoganson@cgcc.ca.gov
SACRAMENTO LAWYER
POLICY COMMITTEE
John Bachman
Stacy Boulware Eurie
Nicole DeSantis
Helene Friedman
Coral Henning
Yoshinori H.T. Himel
Heather Cline Hoganson
Christopher Krueger
Joan Stone
COURTHOUSE STEPS
ADVERTISING – EVENTS
MEMBER CLASSIFIED ADS
Michelle Bender (916) 448-1087 x 200
DESIGN AND LAYOUT
Mary Burroughs Publication Design
MJBdesign@aol.com
SURFING FROM RIVER CITY
Coral Henning (916) 874-6013
chenning@saclaw.org
SACRAMENTO COUNTY BAR
ASSOCIATION OFFICERS
Stacy Boulware Eurie – President
Christopher Krueger – 1 st Vice President
(Vacant) – 2 nd Vice President
Mike Mills – Secretary Treasurer
BAR COUNCIL MEMBERS
Kevin Adamson
Amal Abu-Rahma
Bunmi Awoniyi
Hooshie Broomand
Michael Bowman
Renee Carter
Jonathan Ellison
Antonia Darling
Helene Friedman
Jeffrey Frost
J. Michelle Hahn
Victoria Jacobs
Emory King
Ted Lindstrom
Theresa LaVoie
Michael Levy
Lehoa Nyguen
Mike Pearson
Mark Slaughter
Elizabeth Spring
R Todd Vlaanderen
Kerri Webb
Rebecca Westmore
Each author’s commentary reflects her or
his individual opinion only and not that of
their employer, organization with which
s/he is affiliated, or Sacramento Lawyer
magazine, unless otherwise stated.
Sacramento Lawyer (USPS 0981-300) is published
bi-monthly by the Sacramento County Bar
Association, 901 H Street, Suite 101, Sacramento,
CA 95814. Issn 1087-8771. Annual subscription
rate: $6.00 included in membership dues, or
$24.00 for nonmembers. Periodicals postage paid
at Sacramento, California.
Postmaster: Send address changes to Sacramento
Lawyer, 901 H Street, Suite 101, Sacramento, CA
95814. Copyright 1999 by the Sacramento
County Bar Association.
VOLUME 107, NUMBER 2 •MARCH/APRIL 2007
RETIRING MINDS WANT TO KNOW
12 How Do Senior Lawyers Find Work In or Outside of Law?
16 Six Perils of Retirement
18 “And for my next trick…;” Is there Life After Law?
19 Preparing for Life After Law
24 From Large Firms to Legal Aid - John Davis and His
Active “Retirement”
CIVIL LAW & MOTION NOTES
8 Making and Opposing Motions to Seal Files or Documents
SCBA NEWS AND EVENTS
14 SCBA Annual Meeting
30 SCBA Holiday Cheer
SECTION AND AFFILATE NEWS
22 A Year's Activity for Asian Bar and
ABAS Law Foundation
25 Barristers Provide Introduction to the
Sacramento Legal Community
25 Barristers' Club Upcoming Events
26 WLS Installs New Officers and
Directors
31 Barrister of the Month:
Kimberly A. Norvell
34 Justice Robie Shares His Insights on
Water Law; Environmental Law
Section Awards Scholarships
26
COMMUNITY SERVICE
7 Protect and Defend seeks Volunteers
21 Mid-December Training Certifies Several Hundred as Temporary Judges
28 VIP Mentors Enjoy A Night of Basketball
32 VLSP: Volunteer Opportunities for Emeritus Attorneys
32 Problem Gambling Awareness Week
DEPARTMENTS
6 Editors' Message
7 President's Message
10 Law Library News
29 In Memoriam: Thank You, Tommy Clinkenbeard
33 Courthouse Steps
35 Classified Advertisements
35 Index to Advertisers
SACRAMENTO
COUNTY BAR
ASSOCIATION
MAGAZINE
Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to the Co-Editors, Helene Friedman
(Helene.Friedman@dss.ca.gov) or Heather Cline Hoganson (Hhoganson@cgcc.ca.gov). The Sacramento County Bar Association
reserves the right to edit articles and letters sent in for publication. Please contact SCBA 916-448-1087 x204 for deadline
information, fax 916-448-6930, or e-mail scba@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted
to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such
as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.
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■ MARCH/APRIL 2007 SACRAMENTO LAWYER
3

I’m
6 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Editors’ Message
Planning for the Future Helene Friedman &
Heather Cline Hoganson
always planning for the future. And I'm
always trying to assess what will improve my
current condition. I analyze, research, contemplate, obsess
and fantasize about whatever I forecast is the next phase of my
life. That's what got me into law school from entertainment
and to California from New York, into a house from an apartment
and to surrounding myself with Australian Shepherds
from having no contact with animals, ever (not much room for
them in teeny NYC studios).
This issue is all about the
future: our future. Eventually,
we'll all retire (I refuse to contemplate
the alternative). Last
fall, Sacramento Lawyer
received an article from Melissa
Meith, former Director of the
Office of Administrative
Hearings. Melissa enticed us
with her frank, witty musings
on her new status: an “inactive”
member of the State Bar. She
inspired us to fix on retirement
as this issue's theme. Kim-An
Hernandez and Dennis C.
Huie provided us a more nutsand-bolts
“what to do with your
practice when you retire” view.
And David Corbett, a Boston
writer, warns us how to avoid
the turbulence and trauma of
that change from 'being' to say-
ing, well, “I used to be . . . “
Vicki Jacobs profiles John
Davis, a retired big firm partner,
who has volunteered at
Legal Services of Northern
California (LSNC) for the last 6 years and has become LSNC's
de facto in house business lawyer. Vicki, the Managing
Attorney of Voluntary Legal Services Program (VLSP), also
shares how lawyers can participate in VLSP's Emeritus Pro
Bono Program. Additionally, Hindi Greenberg - many of you
know her as the woman who teaches lawyers what to do with
their law degrees other than practice - provides us with her
insights for senior lawyers.
And check out the great retirement websites Mareth Wilson,
our Public Services Librarian, compiled for the magazine.
Moreover, I've included in this column essential blogs for the
well-informed lawyer (retired or not). One of them is routinely
checked by federal judges (or so one among their ranks told me):
http://www.abovethelaw.com,http://www.anonymouslawyer.blogspot.
com, and http://lawprofessors.typepad.com/whitecollarcrime_blog.
A note about the governing body of the Sacramento
County Bar Association, the Bar Council. On January 27,
2007, the entire Council met for 6 1/2 hours with Hildy
Gottlieb and Dimitri Petropilis. Hildy is an extraordinary
facilitator who, with Dimitri, assists nonprofit organizations in
SCBA 2007 Bar Council - Seated: Amal Abu-Rahma, Theresa LaVoie, Emory King, Helene
Friedman; Standing: Lehoa Nyguen, Kevin Adamson, Christopher Krueger, Karen Stevens, Kerrie
Webb, Vicki Jacobs, Stacy Boulware Eurie, Mark Slaughter, J. Michelle Hahn, Antonia Darling,
Carol Prosser and facilitator, Hildy Gottlieb. Photo by Dimitri Petropilis
prioritizing goals, communicating with members, contemplating
the adequacy of their facilities, et al. The ultimate goal is
improving “organizational wellness.” What does that mean?
Well, the Council wants to serve you better and is working to
do that by analyzing, contemplating and planning for the
future of our Association so membership will benefit you
whether you're a government lawyer, in house counsel, big
firm or small firm associate or partner. The Sacramento legal
community is collegial, conscious and humane. The Council
is working to make it better and to make our Association more
relevant to you. The SCBA is not retiring but solidly preparing
for the next phase of our future.

Stacy Boulware Eurie
T
President’s Message
In Full Swing
in 2007
he new year is in full swing and as pictured throughout
this month's magazine, the SCBA, its affiliates,
and sections are already busy at work. Wiley Manuel Bar
Association President Jean-Pierre Francillette, WMBA member
Renee Carter and others put in many hours to make the
Eighth Annual Martin Luther King Jr. Dinner a success.
Barristers' Club President Hooshie Broomand, Executive
Vice President Ashley West and other members of the
Barristers' Club of Sacramento facilitated the highly regarded
Bridging The Gap® program, an orientation for new lawyers
and Melinda Williams and Coral Henning of the
Sacramento Law Foundation
hosted their annual Crab
I mention
these events
to highlight
just some
of the many
ways that
the SCBA’s
lawyers roll
up their
sleeves after
a long day
at work.
Feed fund-raising event. The
SCBA's own Bar Council participated
in a fruitful daylong
planning retreat to further
its goal of renewing itself
and finding new ways to contribute
to our community.
I mention these events to
highlight just some of the
many ways that the SCBA's
lawyers roll up their sleeves
after a long day at work.
When work is done, and
sometimes when it is not, we
must make time for our families
and ourselves. Retiring
Minds Want To Know how to
prepare for the point at which
we close our office doors for
good and the articles featured
herein are aimed at providing
you with varying perspectives
on how to prepare for and
enjoy your retirement.
Whether you are retiring
within the next five years or
the next 20 years, the SCBA,
its affiliates and sections provide
numerous opportunities
for you to remain active in
our legal community. Even if
you and your family just take a walk in Legal Services of
Northern California's Annual Valentine
Fun Run, there are many ways to be
active and I challenge everyone to do just
that - be active in 2007.
Operation Protect
& Defend
A Commitment to Civic
Education by Lawyers and Judges
Seeks Volunteers for its 2007
Education Program Series
In 2001, in response to alarming statistics showing
a significant percentage of high school and
college students lacked even a basic understanding
of the Constitution and American government
and its history, a group of lawyers and judges
from the Sacramento region formed “Operation
Protect & Defend.”
The judges, lawyers and teachers involved in
Operation Protect & Defend have created an engaging
and inspiring program focusing on the historically
important aspects of American Government
and the U.S. Constitution. Our high school program
for 2006-07 relies on the true story of a 1906 lynching
in Chattanooga, as described in the book
Contempt of Court by Mark Curriden.
This year's program will include three segments:
1) teacher-led introduction of the story and
Constitutional rights; 2) the Dialogue on America,
where a lawyer-judge team will engage students in
a dialogue about the Constitution and the principles
in Contempt of Court; and 3) the Story of
America essay contest.
Operation Protect and Defend seeks volunteers to
participate in the Dialogue on America and to
grade the essay contest. If you are interested in
helping, please contact Heather Candy at (916) 340-
2849 or hcandy@pkwp-law.com or Alf W. Brandt at
(916) 319-2761 or Alf.Brandt@asm.ca.gov.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
7

8
Litigators often represent clients who wish to avoid any
publicity that accompanies a lawsuit. The client may
instruct the attorney to take steps to make sure the matter
stays out of the press by closing the hearing and/or sealing
sensitive documents to be filed, or even the entire file. The
lawsuit may concern sensitive issues regarding a minor that
the parents do not want to become public knowledge for fear
of causing further injury to the child. The lawsuit may
involve a trade secret that the client does not want to get into
the hands of a competitor or involve adverse information that
others could use to their advantage. There also may be matters
concerning the attorney-client privilege in which documents
need to be sealed pending determination as to whether
or not the privilege applies. This column will address the
steps to take and the evidence to present in either making or
opposing a motion to seal a file or a portion thereof. In the
next issue of Sacramento Lawyer, this column will address
motions to close a hearing or a portion of a trial.
My usual disclaimer applies. Nothing herein is to be considered
a local rule of court, an unwritten rule, or a court policy.
What follows are simply the views of one judge, who reserves the
right to change his mind.
The Rules of Court were amended and renumbered effective
January 1, 2007. With respect to the rules concerning the
sealing of files and documents, matters that were formerly governed
by CRC Rules 243.1 -243.2 are now covered by CRC
Rules 2.550 - 2.551.
Counsel seeking to seal a file or a portion thereof must file a
motion accompanied by a memorandum of points and authorities
and a declaration containing facts that justify an order sealing such
documents. CRC Rule 2.551(b)(1) [formerly CRC Rule
243.2(b)(1)]. The papers must be served on all parties to the
action. CRC Rule 2.551(b)(2) [formerly CRC Rule 243.2(b)(2)].
An unredacted version of the document must be lodged with the
court at the time the motion is filed and placed conditionally under
SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Litigation
Making and Opposing Motions
to Seal Files or Documents
In dealing with a motion to seal
documents, the Court must begin with
the presumption that all court records
are open, unless confidentiality is
required by law.
By Judge Loren McMaster
seal. CRC Rule 2.551(b)(4) and (5) [formerly CRC Rule
243.2(b)(4)]. Absent a court order, the party that is already in possession
of the documents at issue must be served with both an
unredacted and redacted version of the papers. CRC Rule
2.551(b)(2) [formerly CRC, Rule 243.2(b)(2)].
In dealing with a motion to seal documents, the Court must
begin with the presumption that all court records are open, unless
confidentiality is required by law. CRC Rule 2.550(c) [formerly
CRC Rule 243.1(c)]. In addition the court must be concerned with
the right of a party, particularly a defendant in a criminal case, to
receive a fair trial which right may be impaired if documents are
left unsealed. See People v. Jackson (2005) 128 Cal.App.4th 1009,
1023 [relating to Michael Jackson's criminal trial]. Before ordering
documents or files to be sealed, the Court must make the findings
required by CRC Rule 2.550(d) [formerly CRC Rule 243.1(d)].
This rule of court is based upon the findings that the Supreme
Court determined to be necessary in
NBC Subsidiary (KNBC) v. Superior
Court (1999) 20 Cal.4th 1178. “An
order sealing the record must: (A)
specifically set forth the facts that support
the findings and (B) direct the
sealing of only those documents and
pages, or, if reasonably practicable,
portions of those documents and
pages, that contain the material that
needs to be placed under seal. All
other portions of each document or
page must be included in the public
file.” CRC Rule 2.550(e)(1) [formerly
CRC Rule 243.1(e)(1)].
The mechanics of filing a document under seal are set forth in
CRC Rule 2.551 (b) and (d) [formerly CRC Rule 243.2(d) and (e)].
Often parties will prepare stipulated protective orders that purport
to require that certain documents be sealed. However, parties
cannot stipulate away the requirements of CRC Rules 2.550 and
2.551 without first obtaining a court order. CRC Rule 2.551(a) [formerly
CRC Rule 243.2(a)]. Any protective order must contain the
findings required by CRC Rule 2.550(d) before any file or document
may be sealed. Huffy Corp. v Superior Court (2003) 112
Cal.App. 4th 97. An agreement between the parties not to disclose
documents between the parties may constitute an “overriding interest.”
Nevertheless, there must be a finding based on admissible evidence
that such interest would be prejudiced by disclosure. Huffy
Corp. v Superior Court (2003) 112 Cal App.4th 97; Universal City
Studios v. Superior Court (2003) 110 Cal.App.4th 1273. Evidence
must be presented in the moving papers to support each of the
required findings. It will be very helpful to the judge if counsel prepares
and presents a proposed order containing the required findings
with reference to the supporting evidence.

It is generally too late to request that a previously filed document
be placed under seal. “[B]ecause the information is already
public, the harm to the patient's privacy has already occurred and
cannot be prevented by the order. While we are sympathetic to the
trial court's concerns, neither the state nor the federal Constitution
permits the court to lock the barn door after the horse is gone.”
Hurvitz v. Hoefflin (2000) 84 Cal.App. 4th 1232, 1245. In Hurvitz,
the records in question were part of the public record only one day
before the trial court ordered them sealed.
CRC Rules 2.550 and 2.551 “do not apply to records that
are required to be kept confidential by law.” CRC Rule 2.550
(a)(2). The “rules do not apply to discovery motions and
records filed or lodged in connection with discovery motions or
proceedings.” CRC Rule 2.550 (a)(5). “However, the rules do
apply to discovery materials that are used at trial or submitted
as a basis for adjudication of matters other than discovery
motions or proceedings.” Id.
A party who intends to use documents subject to a protective
order or confidentiality agreement, but does not seek to file such
documents under seal, must provide the other party or parties
notice of such. If an affected party fails to file a motion within 10
days of service of the notice seeking to have such documents filed
under seal, the documents will be placed in the public record. CRC
Rule 2.551(b)(3). The rule also sets forth the procedure to be filed
by the party seeking to use the documents at trial.
Any party, member of the public, or the Court on its own
motion, may file a motion to unseal the records that previously
had been sealed. The motion must be presented both in a public
version (i.e., redacted) and a sealed complete version. CRC Rule
2.551(h)(2) [formerly CRC Rule 243.2(h)(2)]. Rule 2551(h)(4)
requires the Court to consider the matters set forth in forth in
Rule 2.550(c)-(e) in making its determination whether to unseal
the file or document. However, no findings comparable to those
required by CRC Rule 2.550(d) are required before the trial court
grants a motion to unseal the previously sealed records. The trial
court's ruling is reviewed under the substantial evidence standard,
considering all evidence in the record, both sealed and unsealed.
In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292.
If the records sought to be sealed are voluminous, the court
may (1) appoint a referee and “fix and allocate the referee's fees
among the parties” (CRC Rule 2.551(e)(2) [formerly CRC Rule
243.1(e)(2)] and/or (2) if those documents are in the custody
of a public agency, the court may order that such agency maintain
custody of the documents (CRC Rule 2.551(g) [formerly
CRC Rule 243.2(g)]).
An appellate court recently emphasized that the default position
of every court must be that files will not be sealed based on
the wishes and convenience of the parties. The Court held that
Family Code section 2024.6, which provided that upon the
request of any party to a divorce proceeding the court must seal
the documents that set forth the parties financial assets and liabilities,
was unconstitutional on its face on First Amendment
grounds (violating the general public's First Amendment right of
access to such information). Burkle v. Burkle (2006) 135
Cal.App.4th 1045. The Court suggested that a more narrowly
drawn statute might survive constitutional challenge. 135
Cal.App.4th at 1070, fn. 30.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
9

Rosie
Pet Lovers: A Legal Romp
Iinvite you to join us for “Come Together…Pets Lovers: A
Legal Romp” during National Library Week, April 15 through
April 21, 2007.
The law library is collaborating with the City of Sacramento
Animal Shelter, whose mission it is to care for lost, injured or abandoned
animals, educate the public on spaying & neutering and
work with police, fire and other rescue efforts for animal safety.
'A Legal Romp' will be a weeklong program of pet-centric
events. It will include “My Best Friend,” an art show of mixed
media artwork as well as a series of educational classes such as
“Estate Planning for Your Companion Animal/Pet” and “Dog Bites:
Tips & Techniques in Preventing Canine Litigation” and a class on
“Emergency Pet Preparedness.”
The week culminates in a Yappy Hour reception on Friday
April 20th from 5:30pm - 7:30pm. The Animal Shelter's S.N.O.
(Spay Neuter Outreach) mobile trailer will be parked in front of
the library, for a Pet Adopt-a-thon. There will be food catered by
Mulvany's Building and Loan and beverages by local wineries &
breweries. All proceeds will benefit the City of Sacramento Animal
Shelter. Suggested donation is $10 and the first 100 participants
will receive a free emergency pet preparedness kit. Unfortunately,
this event is only for humans, only service animals will be allowed.
BARk Magazine will do a slide show presentation and hand out
goodies in our training center. Gina Spadafori, the Bee's Pet
Connection columnist and author is our local celebrity plus Linda
Schooler, pet psychic, will be on hand to do free readings. If you
are interested in helping sponsor these events contact me: 874-
6013, CHenning@saclaw.org
Saclaw.org
I am pleased to announce that the revitalized website,
www.saclaw.org, is finally live. This new website is much easier
to navigate. We have put some frequently requested forms in a
10 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Law Library News
By Coral Henning
Sacramento County Public Law Librarian
fillable format under the link “self help consumer” click on
“forms”. We have deeds, probate, traffic and mechanic's lien
forms to name a few.
You now can register for classes online. If you have trouble
you can still call and register over the phone with your Visa or
MasterCard: 874-8541. Below is the list of March & April
2007 Classes:
1. Intermediate Word 2003 for Litigation
Wednesday, March 7, 2007
6:00pm to 8:00pm 2 MCLE Credits
Instructor: Joani Wise
This hands-on computer class will cover creating forms and
inserting various tables e.g., Table of Contents and Table of Points
& Authorities. You will learn how to create formatted documents
using headings and styles to meet court-filing requirements. $65-
Sac County Bar; $70- Non-County Bar Member
2. Legal Research on the Internet
Friday, March 9, 2007
2:00pm to 5:00pm 3 MCLE credits
Instructors: SCPLL Law Librarians
This hands-on computer class will concentrate on CA sources
for case law, statutes, regulations, and more! $75- Sac County Bar;
$80- Non-County Bar Member
3. Advanced Word 2003 for Litigation
Wednesday, March 14, 2007
6:00pm to 8:00pm 2 MCLE credits
Instructor: Joani Wise
This hands-on computer class will cover creating, editing and
running macros, encrypting documents, saving documents in PDF
format and e-filing basics for both Federal and State Courts. $65-

Sac County Bar; $70- Non-County Bar Member
4. Evidence: How to Get It & What to Do with It
Thursday, March 15, 2007
12:15pm to 2:15pm (Includes Lunch) 2 MCLE credits
Instructor: Sandra Sava, Johnson, Fort, Meissner,
Joseph & Palley
www.jfmjlaw.com
This class will instruct you on how to create a strategy utilizing
expert witnesses, getting your expert's testimony admitted,
and preparing your expert for deposition and cross-examination.
Learn how to extract medical records information
while maintaining patient privilege and how to link your evidence
to impact a jury. $65- Sac County Bar; $70- Non-
County Bar Member
5. Introduction to Legal Forms & Pleadings
Thursday, March 22, 2007
Retirement
By Mareth Wilson, Public Services Librarian,
Sacramento County Public Law Library
The websites listed here offer practical advice, subject
expertise, and creative ways to think about new opportunities
as you plan for retirement.
American Association of Retired Persons -www.aarp.org.
This is a well organized and attractive web site, an
absolute (and obvious!) top choice for beginning your
research. From the home page you can link through to
major content sections titled Learning and Technology;
Health; Family, Home and Legal; Money and Work;
Travel. Special mention goes to their page of Internet
Sources-http://www.aarp.org/internetresources/.
AARP Local Chapters -- www.aarp.org/states/ca/.
FINANCE
The mainstream media money experts offer financial and
lifestyle planning ideas.
Business Week
http://www.businessweek.com/search/browstxt.htm
At this page, scroll down to the archived July 24, 2006
Special Retirement Issue of their magazine.
CNN
http://money.cnn.com/magazines/moneymag/bpretire/2006/index.html
This page has the annual “Best Places to Retire” rankings.
http://money.cnn.com/magazines/moneymag/bplive/2006/
Includes a Q & A section to find places to live customized
to your specifications.
MSN Money
http://moneycentral.msn.com/retire/home.asp
“Retirement Tools” section allows you to do lots of calculations
and quiz yourself on your preparedness in financial
and estate matters.
6:00pm to 8:00pm 2 MCLE Credits
Instructors: SCPLL Law Librarians
This session will help you to find and/or create legal forms and
pleadings in addition to locating resources in the Sacramento
County Public Law Library and on the Internet.
$15.00- Pre-Registration Required
6. Learn to Finesse Your Legal Writing Skills
Wednesday, April 11, 2007
5:30pm to 7:30pm 2 MCLE Credits
Instructor: George Yount, Professor-Legal Assisting Program,
American River College
www.arc.losrios.edu
Are you trying to escape a legal writing rut? Does your writing
lack style, or distinctive content? Do you use run-on or arcane
phraseology? If so, this class will provide you with tips and tech-
New Retirement
http://www.newretirement.com/
A website in development--lots of free information, no
strings apparent (so far).
TRAVEL and SETTLING ABROAD
Elderhostel - “Adventures in Lifelong Learning” -www.elderhostel.com
“Unlike tour companies, Elderhostel offers in-depth and
behind-the-scenes learning experiences for almost every
interest and ability.” Small groups of like-minded travelers
can choose from excursions to all 50 states and to
90 countries.
RetireAway.com --
www.retireaway.com
“Discussion forum for Americans retiring abroad.”
Transitions Abroad -
www.transitionsabroad.com
For people of all ages wanting to travel, live, work or volunteer
abroad. On the left sidebar, click on “Senior Travel” to
bring up articles about living or traveling abroad as a
retiree. Or, click on “Living Abroad by Country” to get articles
written for all prospective expats, regardless of age.
GIVING BACK
Continued on page 13
Reinventing Aging -
http://www.hsph.harvard.edu/chc/reinventingaging/
This is the site of the Harvard School of Public Health initiative
to “motivate Boomers and retirees to engage in community
service.” Click “Volunteer” for a long list of possibilities.
N.B. the listing for www.VolunteerMatch.org. At this
site you can put in your zip code, select how many miles you
are willing to drive, and find volunteer opportunities in
your local community.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
11

Retirement
How Do Senior Lawyers Find
Work In or Outside of Law?
A
ccording to the State Bar of
California, more than 25 percent
of bar members are 55-plus. Many of
these lawyers are providing invaluable
service to their firms or running their own
practices. However, due to downsizings,
12 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
mergers or individual choices, numerous
senior lawyers are looking for a new job.
Some of these lawyers find themselves
in a financial situation that requires that
they continue working at an income-producing
venture. Other practitioners,
By Hindi Greenberg
although fortunately without additional
income needs, desire the challenge of new
work and aren't yet ready to retire from the
workforce.
So how does an older lawyer decide
what will best fit her or his needs? And
then what steps need be taken to find
quality work?
If you find yourself involuntarily out of
work and want to continue practicing law,
you should first create a networking list.
Include all the lawyers you know and especially
those who specifically know your
work. Even if it's been years since graduation,
obtain the alumni list from your law
school to see where your classmates are
currently working. Perhaps someone you
knew is a partner at a firm or general counsel
at an interesting corporation. Then
contact everyone on your networking list
to let them know you're available. Keep an
open mind as to the employment arrangements–an
“of counsel” relationship, contract
assignments or part-time work can
develop into a fulltime position. One of
my clients began part-time at a government
agency, and after several months, switched
to fulltime. Additionally, go to bar association
section meetings to connect with other
practitioners who might need your assistance
or have potential leads.
Another important step is to conduct
a careful skills assessment–reflect on
your work, particularly if you have been
a specialist, and make sure that is what
you want to continue doing. Your analysis
may direct you to a different legal
field or even work outside of law. Don't
preconceive your possibilities, because
in addition to legal skills, lawyers develop
many other proficiencies–like client
relations, interpersonal skills, research
and writing, extemporaneous speaking,
negotiating–that can be emphasized
whether you're staying in law or moving
into another field.
For example, one of my older clients
had been a personal injury litigator and
parlayed her knowledge into a job in the
Department of Insurance, handling regula-

tory hearings. Another client used his
skills in preventative counseling to promote
himself as having a risk management
background, eventually obtaining work as
a risk manager. And yet another client
emphasized his extensive experience giving
legal and business counsel to companies
and became the director of a businessoriented
trade association. Each of these
lawyers promoted both the legal and general
business skills they had developed in
the best light for the position they desired.
If you decide to stay in law, there are
two job areas in which age is a lesser detriment.
One is working as in-house counsel.
This is especially true if you specialized in
a particular field and can work for a company
using that specialty–the company will
value your additional experience. One of
my clients actually emphasized his age (65)
in his interview, since the job involved giving
legal counsel to young salesmen; my
client stated that his age would give weight
to his advice and help keep the salesman
under control. A good resource for job listings
is at www.acca.com, the website of the
Association of Corporate Counsel.
Another option is public sector work.
Government agencies generally don't view
age as a negative factor. Evaluate your
practice experience and research which
agencies, whether federal, state, county or
city, might need someone with your back-
Law Library Continued from page 11
niques to help revitalize your legal writing skills. $65- Sac
County Bar; $70- Non-County Bar Member
7. Setting Up a Non-Profit “Animal Friendly” 501(c)(3)
Organization
Wednesday, April 18, 2007
4:00pm to 5:30pm 1.5 MCLE Credit
Instructor: Jeff Curcio, Partner, Murphy Austin Adams &
Schoenfeld
Setting up a non-profit can be daunting, creating opportunities
for “special” tax issues if not done correctly. Gain insight from
an expert on how to operate within an exempt status and maintain
endowment efforts without tax consequences. $45- Sac
County Bar; $50- Non-County Bar Member
8. Estate Planning for Your Companion Animal/Pet
Thursday, April 19, 2007
4:00pm to 5:30pm 1.5 MCLE Credit
Timothy Murphy, Attorney at Law
www.norcalpalnners.com
Who will take care of your companion animal/pet when you
are gone? This class will delve into setting up and administering
an estate with one's pet in mind. Every client is important,
ground. Apply for any jobs that remotely
interest you or for which you remotely
qualify. If you don't apply, then for sure
you won't get the job.
Legal (as well as non-legal) jobs can
be found listed on the internet sites. Also
go to the websites of the companies and
government agencies that interest you as
they often post openings.
In an interview, you will probably be
asked, “Why did you leave your last position?”
The important thing to remember
is to put your response in a positive light.
Do not talk about what you're running
away from, or what was wrong with the
previous firm. Put the spin on what you
want, what you're moving toward.
Another difficult question that often
comes up is, “Why would you be willing
to take less money?” Possible responses
include, “I recognize that salaries are
lower in this field, but I'm looking for a
new opportunity,” or “I have built up savings,
so money is not a major motivator;
what I want is interesting work and good
colleagues, to be where I can contribute.”
There can also be resume issues for
mature lawyers, who should definitely try to
keep it at two pages or less. It is a process
of careful selection. Only include what sells
you best and is particularly relevant to the
specific job opening and employer. For
example, don't list general memberships in
associations (unless you held an office or
were on a board), unless they are relevant to
the particular position or employer or show
an important connection to the community.
For example, if you are applying in the real
estate field, your membership in real estate
organizations would show your involvement.
Downplay or omit (if possible, without
being untruthful) anything that isn't helpful.
Keep in mind that a resume is a sales
document–you are selling yourself-not an
autobiography, so the resume should be as
specific to the particular job and firm as
possible. In fact, the resume and cover letter
should be changed for each job, focusing
on the specific needs of a particular job.
This requires research. Find out what the
firm is looking for and what holes it has to
fill. Check out the company's website or
annual report. Then explain how you are
the best person to fulfill their needs.
© 2006 by Hindi Greenberg, JD. As president
of Lawyers in Transition, Hindi presents seminars
for bar associations and law schools across
North America and consults by telephone with
individual lawyers nationwide on career satisfaction
and options in and out of law and with law
firms on retaining or outplacing their attorneys.
She is the author of The Lawyer's Career
Change Handbook, published by HarperCollins
in a 2nd edition. She may be reached at (530)
274-7955 or at www.lawyersintransition.com.
including those which have no voice of their own. Tim Murphy, 25
year veteran estate planning and senior legal matters attorney, will
share his expertise on how to setup your estate to include your best
friend. $45- Sac County Bar; $50- Non-County Bar Member
9. Dog Bites: Avoiding Canine Litigation
Friday, April 20, 2007
4:30pm to 5:30pm 1 MCLE Credit
Christopher Kreeger, Attorney at Law, www.kreegerlaw.com
Under California law, an animal's owner, and in some cases
property owners and proprietors are responsible for all damages
caused by their animals. Learn from a personal injury expert what
you can do to prevent most injuries and avoid litigation. $45- Sac
County Bar; $50- Non-County Bar Member
10. Lexis & Westlaw: Tips & Techniques for Online Legal
Research @ SCPLL
Wednesday, April 25, 2007
6:00PM TO 8:00PM (Includes Pizza) 2 MCLE credits
Instructors: SCPLL Law Librarians
Learn essential skills in this hands-on computer class for conducting
legal research on Lexis.com and Westlaw.com databases
available to the public at the Sacramento County Public Law
Library. $30.00 Pre-Registration Required
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
13

Ellen R. Yamshon
OnDecember
7, 2006, the Sacramento County Bar
Association held its Annual Meeting at the
Sterling Hotel. The Honorable James McFetridge administered the
oath of office to the new SCBA officers and two newly-elected SCBA
Council members. The Honorable Cecily Bond (Ret.) spoke on
Eliminating Bias in the Legal Profession. Further, Stacy Boulware-
14 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Events
2006 SCBA Annual Meeting
Judge James Mize, Diane E. Wasznicky,
Mike Levy and Elisa Levy
Rick Martinez Dave Jones, Alice Wong,
2006 Attorney of the Year
Photos by Charr Crail
J. Michelle Hahn Karen Stevens Judge Michael G. Virga
Stacy Boulware Eurie, Michael Mills,
Christopher Krueger, Lehoa Nguyen, J.
Michelle Hahn are sworn in.
Eurie presented R. Todd Vlaanderen and Kevin Adamson the
SCBA President's Award on behalf of exiting President Jack
Laufenberg for their outstanding service to the organization.
Alice Wong was named SCBA's 2006 Attorney of the Year.
She attended the festivities with her husband Ryan and son,
Kyle. Cortez Quinn, Chief of Staff for Roger Dickinson,
Stacy Boulware Eurie, Kevin Adamson,
Todd Vlaanderen
Dan Egan, Attendee, Anthony J. DeCristoforo, Marissa Ramos

Supervisor, County of Sacramento, awarded Ms. Wong a
Proclamation congratulating her on being named 2006
Distinguished Attorney of the Year and on her work upgrading
the underserved areas of Sacramento. Further, Dave Jones,
California Assemblymember, 9th Assembly District, awarded
Alice Wong a California Legislature Resolution commemorating
Cortez Quinn, Alice Wong
Bunmi Awoniyi, Stacy Boulware Eurie
her being named SCBA 2006 Attorney of the Year.
All who spoke delivered eloquent speeches, however, the
most notable quote of the afternoon was “. . . lawyers are able
to make changes in society because of our knowledge of laws
and rules . . . [and from Mahatma Gandhi] we must be the
change we want to see in the world.”
Tamara Colson, Michael Mills, Jan Stevens,
Karen Stevens, Christopher Krueger
Yoshinori Himel, Judge James Mize, Jerry L. Chong Richard Clark, Judge Cecily Bond
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
15

You couldn't wait to retire. Now
you've done it, and your life feels
unhinged. Your calendar and email inbox
are empty. Your spouse wants you
to do anything that involves leaving the
house. And you feel guilty for not being
productive.
Welcome to retirement. Even those
who work part-time after leaving a primary
career, as most people now do,
face major logistical and psychological
challenges. Retirees who don't anticipate
these landmines may learn about
them the hard way. But you can prepare
for them.
Here are six pockets of turbulence and
suggestions for how to avoid them.
1. Where did the time go? Retired
people often say they've never been so
busy in their lives. But there's a difference
between being busy, on the one
hand, and on the other, being engaged
16 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
6
Retirement
Six Perils of Retirement
By David Corbett
in doing things that satisfy, help us grow
as human beings, or enable us to help
others. You may ask, "How did I get
swept up in a bunch of activities that, to
be honest, don't excite me all that
much?" Certain activities, considered
alone, may be good and worthwhile. but
what about other demands on your
time? Everyone has to strike a balance
between commitments and keeping the
flexibility that lets us remain in control
of our time. A key rule is to reject
demands on your time that don't fit your
short- or long-term goals.
2. "I used to be . . ." People often
make the mistake of allowing themselves
to be defined by their careers. If
they fail to diversify, they pay the priceunhappiness-when
a career is pulled
away. For a driven type person who was
a top corporate executive, it might take
a while to get over the social awkward-
ness of not defining oneself by one's
career. In reality, you don't lose your
identity when you quit a job. You lose
that identity; and you shed one of your
identities. But you who you fully are,
inside, as a human being, is deeper.
Look at your identity as a work-inprogress
that evolves with you. Ask
questions you may have thought were
answered once and for all. Who am I?
Do I matter? What can I do? New
answers yield new purposes when the
old underpinnings are pulled away.
3. Loss of work-related social
bonds. Even if you're making new
friends, a key set of relationships with
people in your life have changed. Not facing
this reality and, as a result, not taking
time for proper closure with these relationships,
can leave you feeling rejected
when former colleagues don't call you up.
That isolation can prevent you from mov-

ing forward in your life. Build your new
networks before you leave your job. Find
new social circles. Turn to family and old
friends for support-and to new friends
and colleagues as well.
4. Loss of support systems. This
one is hard for people who had secretaries,
lots of high-tech
office tools to keep them
on track and assistants
to whom they could delegate
tasks. They may
lack the discipline or
support they need to get
through the day seamlessly.
Having to replace
the ink cartridge in the
printer or make their
own travel arrangements
can drive them crazy.
Self-reliance is simply
the cost of leaving your
job. You have to develop
these skills. Yes you have
to think big and follow
dreams-but you may
need to change the toner
cartridge, too.
5. Fractured households. Marital
strain often follows retirement, which
reshapes intimate relationships. When
both spouses are "home alone" everyday,
tensions often arise. Work keeps spouses
apart for much of the week. But removing
a job doesn't mean that the couple
has to spend every minute together.
Discuss this with your marital partner
beforehand. Figure out how much time
you need alone. Decide which activities
will be done jointly and which individually.
Sparks can also fly when one spouse
is primed to de-emphasize work and the
other wants to keep putting in long
hours. Most women who entered the
workforce 1970 to 2000 did so after age
thirty-five. Having begun careers later,
they're not ready at the same chronological
age as some men to dream new
dreams–or cast off as camp cook in a big
RV. By being open about your feelings
and respectful of others you can minimize
these strains. Recognize the need to
amend preconceived plans and find
some middle ground when choices conflict.
If it seems tough, remember that
we're dealing with essentially a new
stage of the marital relationship.
6. Guilt. You may feel as though you
are cheating your family out of money
by not working. Instead of enjoying a
movie during the afternoon, you may
feel as though you should be at work.
Among men, guilt may be linked to a
Most women who entered
the work force 1970 to
2000 did so after age
thirty five . . . they’re not
ready at the same . . . age
as some men to
dream new dreams. . .
socially conditioned premise that a man
who is not productive is not a man.
Remember, lots of terrible people have
been very productive. And many poets,
mystics and saints who left the world
better than they found it appeared to do
nothing. If you want to feel productive,
Court Reporters & Conference Rooms
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give some full attention to your gifts,
needs and goals, perhaps to the benefit
of others. Examine your assumptions.
Enjoy whatever you do.
People who have it toughest during the
post-career phase of life generally did not
anticipate, prepare or plan for it. Sadly,
people are still deluded
into thinking that rest,
leisure, and recreation will
be enough or that retirement
will evolve by itself.
They are at risk of being
bored and without a purpose.
Find a passion. Live
that passion. It may add
years to your life.
Finally, remember to
introduce change bit by
bit. Challenge so-called
"facts" and be willing to
change habits. See life as
new each and every day.
Be grateful for it. Find
ways to stay energized
and optimistic. The evidence
shows that such
an attitude can make a difference.
David Corbett is the founder of New
Directions, Inc., in Boston and author of Portfolio
Life: the New Path to Work, Purpose, and
Passion After 50, published by Jossey Bass. Visit
him online at www.portfoliolifebook.com
Increase the productivity of
your SUMMER ASSOCIATES!
“Research in the Real World”
June 5, 2007
Workshop sessions include:
• cost-effective use of Lexis &
Westlaw
• strategizing your research
• tips from top practitioners in
several areas of the law
The free all-day workshop at
Pacific McGeorge School of Law
will include lunch and parking.
Co-sponsored by UC Davis Mabie &
Gordon D. Schaber Law Libraries.
Contact Erin Murphy for registration
information. eemurphy@ucdavis.edu
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
17

D
“And for my next trick…;”
Is there life after law? By Melissa Meith
ecember marked my first full month as an “inactive”
member of the State Bar as well as the 26th anniversary
of my admission. I am retired, an ex-lawyer, and according to the
official rules of inactivity, I may not say lawyerly things or think
lawyerly thoughts, even if I want to. Having spent a little time
floating around in this gravity-free life, I have noticed a few things
I want to pass on.
For those of you wondering about leaving the law, I say be not
afraid. It's cool.
I no longer view clocks as little tyrants screaming “more,
better, faster.” Did you know that it is possible for clocks to
simply provide information about the hour of the day? The
time I spend on tasks is guided by how much time that task
requires rather than the itty-bitty slice of time available. I actually
read the newspaper for as long as it takes to read the newspaper.
I go out to walk the dog and keep on walking until I feel
like turning around. I no longer squeeze in a phone call to
mom while signing letters and updating my calendar. I do
those things one at a time. I call this “uni-tasking.”
In the same way, I do not plan much of anything. I buy groceries
when I want the groceries instead of laying in supplies once
a week in some mad consumer frenzy laughingly excused as “meal
planning.” When I make an appointment, I can let the other person
suggest a time, after which I almost always say, “Fine.” Except
for hair cuts. The hair cuts are still on a schedule because, you
know, you cannot leave the hair to “whenever.”
Once I got the hang of hanging, I noticed the solitude.
Practicing law means you are sworn to protect your client by
Isn’t it funny how life periodically
brings you around to one question:
what do you really want to do?
being vigilant all the darned time, forever reacting to some crisis
racing towards you. You keep your radar in tip-top shape so you
can detect the first signs of the in-coming assault. You plan and
scheme and have contingencies for your contingencies. “If this
happens, then we do that, but if they do that, then we'll do this.”
And because you're always at the ready, waiting for that other
shoe to drop and kick you, you're never really alone.
18 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Retirement
I ask myself whether this could possibly be true; was my entire
legal career a reaction to some external stimulus? And I think the
answer is yes, always.
But now, it is very quiet around me. I am coming to the realization
that I can take action based entirely on the self-propelled
urge to take that very action-or not. To tell you the truth, it's a little
disorienting. When no one is demanding that I do something,
what should I do? Weird.
Isn't it funny how life periodically brings you around to
one question: what do you really want to do? My niece is
going through agony trying to pick her college major which
she believes must represent the ultimate expression of her
innermost desires. Maybe experience lets me be a little more
casual about the process, but I admit the question does have a
weight to it.
But the fun thing is that, unlike my niece, I get to answer without
any thought at all to actually making a living. In other words,
it doesn't matter if I'm any good at it; only if I want to do it, whatever
it is. I can do something at which I am so bad that strangers
will pity me for the humiliation they assume I must feel because
any reasonable person would. For me, now, failure is an option.
Heck it's inevitable.
While I'm ready and willing for the urge to strike, I admit so
far my muse has been pretty danged quiet. I guess whatever internal
mechanism lets ideas pop up is a little rusty but I'm encouraging
myself along. Maybe I should try a dance class again. I did
that once and the teacher commended me for my enthusiasm. I
am pretty sure I didn't go back after that. Now I am ready and
willing to go humiliate myself over and over
again until I get it right-ish, or to the point that
I satisfy my own very low standards. Maybe
something involving saws or open flames.
Anyhow, for now I am enjoying answering
the question, “What do you do” with “I'm not
sure yet.” Maybe I will say, “I'm a dancer.”
The possibilities are endless. Practicing life. I
repeat, it's cool.
Melissa Meith graduated from the University of
California, Davis School of Law in 1980. She practiced
law in Sacramento from 1980 until 2006 in
both private and public practice. At the time of her
retirement in 2006, she was the General Counsel of the California State
Lottery. Her work history includes stints as the executive officer of the
Lottery, the Director of the Office of Administrative Hearings, an Assistant
Chief Counsel with the Department of Corrections, and an Assistant Clerk
with the Department of Health Services. In July 2006, she moved to The
Sea Ranch, California, where she throws pots and takes walks with her
husband Mike White and the happy mutt brigade, Fred and Augie.

Retirement
Preparing For Life
After Law
By Kim-An Hernandez and Dennis C. Huie
Asthe
baby boom generation enters the sexagenarian
era, so too burgeons a retirement revolution.
In the decade to come more than 75 million Americans will
pack up their offices and cash in their 401ks. Statistics suggest
that as many as 40,000 lawyers will enter retirement annually.
Here, we discuss some simple yet important issues every retiring
attorney should think about before taking the final plunge.
Your “degree” of retirement. The State Bar offers attorneys
three retirement options: (1) resignation; (2) inactive status; or
(3) continued active membership. Retirees eager to exit the
practice of law and relieve themselves of annual dues and
MCLE credits will find resignation a good fit. The retiree can
stay involved in other ways such as acting as a marketing consultant.
Increasingly, firms are employing their former partners
with valuable client contacts in this capacity.
Alternatively, inactive membership may be needed if an attorney
hopes to stay more involved in a non-counsel capacity as,
for example, a referee, hearing officer, court commissioner,
temporary judge, arbitrator or mediator.
Concern about future claims? The retiring attorney may
find solace in Labor Code § 2802 and/or Corporations Code
§ 317 (corporate employees). Both statutes require indemnification
for conduct occurring within the course and scope of
employment or arising out of corporate acts. However, these
statutes are not risk-free. For example, there is no express
coverage for former employees under Labor Code § 2802,
though courts have assumed the statute applies to former
employees. In addition, a retiree may be forced to pay for
defense costs unless and until he or she succeeds in defending
the claim. As a safety net, especially for non-employee
attorneys (i.e., partners), professional liability insurance
should be considered. Because professional liability insurance
plans are typically written on a “claims made” basis, covering
only claims made during the policy period, retiring
attorneys should consider purchasing extended liability tail
insurance to protect them come retirement.
What to do with your practice? Retirees must also decide
how best to dispose of their existing practice. One option is to
sell the practice under Professional Conduct Rule 2-300. Where
the sale contemplates the transfer of responsibility for work not
yet completed or client files, the attorney must provide clients
with 90 day written notice of the transfer and of their right to
retain other counsel and collect their files. Note that Rule 2-300
is not intended to authorize the piecemeal sale of a practice.
Transfer of individual client matters, where permitted, is governed
separately by Rule 2-200.
How do you handle client files? File retention following
a transfer of interest or dissolution is a subject of much
debate among California ethics authorities. Financial and/or
practical considerations may make extended retention difficult.
Retention practices are further complicated by documents
such as wills, testaments, contracts and deeds which
are separately protected and may be indestructible even under
sound policy. Consulting with an ethics lawyer before
destroying documents is key.
Kim-An Hernandez, a graduate of Vanderbilt University Law School,
represents management in labor and employment litigation throughout
California and is an associate with the Employment Law Department
of Hanna, Brophy, MacLean, McAleer & Jensen, LLP.
Dennis Huie, a graduate of University of Pacific, McGeorge School of
Law, represents management in labor and employment litigation
throughout California and supervises the Employment Law Department
for Hanna, Brophy, MacLean, McAleer & Jensen, LLP.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
19

OPERATION PROTECT & DEFEND
A Commitment to Civic Education by Lawyers and Judges
2007 LAW DAY DINNER CELEBRATION
20 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Thursday, May 10, 2007
5:30 to 8:30 p.m.
The Sterling Hotel Grand Ballroom
Keynote Speaker: Secretary of State Debra Bowen
Tickets are $50 each,
$500 for a table: 8 tickets,
plus two for student,
teacher, or parents as
guests of the table sponsor
For Reservations,
Contact Patricia Sturdevant at
HYPERLINK
"mailto:psturdevant@dmhc.ca.gov"
psturdevant@dmhc.ca.gov
Or (916) 327-7312
Co-sponsored by the
Sacramento County Bar Association,
its Affiliates, and the
Federal Bar Association

Community Service
Mid-December Training Certifies
Several Hundred as Temporary Judges
By Judge Judy Holzer Hersher
Effective January 1, 2007, only those attorneys who have
completed nine hours of specialized training may preside
as Temporary Judges in Small Claims,
Traffic, Family Law, and Trial departments
for the Sacramento County
Superior Court. The mandatory changes
are reflected in the new California Rules
of Court, specifically Rule of Court
243.10 et seq. The changes currently do
not affect attorneys sitting as Settlement
Pro Tems in Department 59.
The rules impose a statewide
requirement for nine hours of training
before an attorney may be “certified” as
a temporary judge. Once certified, the
attorney is permitted by the rules to sit
as a temporary judge. The requirements are the result of a several
year study by the Judicial Council of the State of California
and various judicial and non-judicial advisory committees. The
Judicial Council maintains a Temporary Judge website at
http://www2.courtinfo.ca.gov/cjer/pro_tem.htm#, which provides
further information and links to some of the studies. Much of
the important reading materials and pre-class surveys and exercises
are available by clicking on the link to Fairness,
Demeanor, and Self-Represented Litigants (materials to be read
before or after a 3-hour live training) on the Temporary Judges
resource webpage.
Newly appointed and elected judges have been required by
state statute for some time to undergo extensive fairness, bias and
ethics training, along with substantive law training. With the
adoption of the new rule of court, attorneys who serve as temporary
judges will receive training in many of these same areas. The
studies have confirmed that attorneys, while serving as temporary
judges, are the face of the judiciary to thousands of California
citizens, and that the faith and trust these citizens place in the
judicial process is often a reflection of how they perceive they are
treated by the temporary judges. Given the diversity of
California's population, the Judicial Council concluded that temporary
judges should receive special training to improve the public's
confidence in their decisions.
The required courses cover bench conduct, demeanor, fairness,
treatment of self-represented litigants, ethics, and the subject
matter in which each will serve as a bench officer. At least
three of the nine hours must be obtained in a classroom setting
taught by a member of the California judiciary. Each Superior
Court has identified at least one judge who has been trained to
give the course.
Several hundred Sacramento County attorneys volunteer
their time and expertise each year to the Court, at great personal
and financial cost to themselves and their firms. The business of
the Courts could not be accomplished without the help and gen-
erosity of these individuals. In order to train and certify as many
of these volunteers as possible, the court conducted three sessions
of the live training over a two-week period
in December. Those who completed
the training received three MCLE credits
in elimination of bias.
The Court anticipates scheduling
another classroom training session in
early spring. Future training sessions
will be limited to 30-40 participants. The
Sacramento County Superior Court also
plans to add a Temporary Judge page to
its website in the near future. For further
information about the training, record
keeping or about becoming a temporary
judge, contact Ms. Darlean Ellis,
Temporary Judge Administrator, Superior Court of California,
County of Sacramento, 720 Ninth Street, Room 611, Sacramento,
California 95814, 916-874-5497, ellisd@saccourt.com.
MARCH/APRIL 2007 n
SACRAMENTO LAWYER
21

Onthis
issue's retirement theme, the Asian/Pacific
Bar Association of Sacramento (ABAS) and the
ABAS Law Foundation can report one recent retirement from
the practice of law: bankruptcy attorney and ABAS golf tournament
organizer Mike Nakagawa. The Ninth Circuit made
Nakagawa a United States Bankruptcy Judge in Las Vegas.
Additionally, both organizations have "retired" their 2006 year
and are looking ahead to a busy 2007.
25th Anniversary: ABAS celebrated its twenty-fifth anniversary
on April 18, 2006, over a barbeque in the courtyard of
Mason's Restaurant, across L Street from Capitol Park. The weather
was ideal for this outdoor event. The Foundation joined in by
recognizing major donors to its scholarship program.
22 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Section and Affiliate News
A Year's Activity for Asian Bar
and ABAS Law Foundation
ABAS presidents at Mason's. Standing: Irv Teranishi,
Rick Sueyoshi, Judge Russ Hom, Jeff Ogata, Nancy Lee,
Yoshinori Himel, Darrel Woo, Henry Nanjo. Seated:
Judge Cheryl Meegan, Mark Morodomi, Assistant Dean
Ruthe Ashley, Lara Dunbar.
By Yoshinori H. T. Himel
President, ABAS Law Foundation
Photos by Barbara Takei
Wine Tasting: The ABAS Law Foundation had its Fourth
Annual Wine Tasting and Silent Auction on May 24, 2006.
Pavilions Shopping Plaza again hosted the event in the
Pavilions Courtyard.
The Foundation raises funds at the Wine Tasting and the
annual ABAS Golf Tournament with the main goal of nurturing
future lawyers who will be activists and give back to the Asian
Pacific Islander communities. Student applicants are evaluated
on three criteria: proven potential for leadership and community
service; financial need; and academic achievement. Several
individuals fund scholarships annually; these include criminal
defense attorney Chuck Pacheco, in memory of his late wife
Alex Jo, the Foundation's former Scholarship Chair; former
Justice Tani Cantil-Sakauye installed the ABAS and ABAS Law Foundation boards at the Library and Courts
Building on January 10, 2007. From left: Justice Cantil; the Asian Bar's Sean Colon, Michael Fang, Secretary
Jennifer Rosario, Treasurer Kathryn Doi, Angela Lai, Vice-President Grace Arupo, President Rebecca Westmore
and President-Elect Dee Brown; and the ABAS Law Foundation's president Yoshinori Himel, Nirav Desai, Mona
Tawatao, Janice Lai, Amilia Sanders, Darrel Woo and Secretary Henry Nanjo. Not pictured: Jeri Paik.
Linda Cabatic and Cy Rickards.
Judge Emily Vasquez, Nancy Lee, Judge Cheryl Meegan, Jeanette Ishii and
Assistant Dean Ruthe Ashley in one of Mason's unique settings, a fourposter
bed.

Assemblyman Phil Isenberg and Marilyn Araki Isenberg; and
retired Judge Chuck Kobayashi and Dorrie Kobayashi.
Anyone interested in donating is encouraged to contact
Foundation treasurer Jerilyn Paik at (916) 568-1222.
The Foundation's law student scholarship awardees in 2006
were Raymond Y. Kim, Kou Lor, Tara Kim, Dorothy Lo,
Kristy E. Young, Susan Yoon, Lee S. No, Cindy Hoang-Nhi
Hamilton and Myrene A. Abot. Some of these hardworking
law students not only worked their way through college but
actually sent money home to their families! To apply, contact
Scholarship Chair Mona Tawatao at (916)551-2184.
The University of California, Davis, School of Law and Lincoln
University Law School were among the event sponsors. Attending
were Dean Anthony Dicce and Dean Rex Perschbacher.
Many boutique Northern California wineries donated wine for
pouring or auction: Capay Valley Vineyards, Carvalho Family
Wines, McConnell Estates Winery, Michael~David Vineyards,
Renaissance Vineyard and Winery, Vino con Brio and Wilson
Vineyards poured their wines at the event, while Bogle Winery
and Cedarville Vineyard sent wine donations. Varied and delicious
foods from Kamon Sushi and Grill, Plum Blossom
Dorie Kobayashi, Clement Kong, Phil
and Marilyn Isenberg and retired Judge
Chuck Kobayashi, all regular contributors
to the Foundation and its scholarship
program.
Dean Anthony Dicce and Judges Allen
Sumner, Alan Perkins and Loren
McMaster.
UCD Law Dean Rex Perschbacher, a supporter
of the Foundation's scholarship
program, right, and Yoshinori Himel
Restaurant, Lotus Vietnamese and Thai Cuisine, Sae Jong Teriyaki,
and Trader Joe's accompanied the beverages.
Golf Tournament: Next, the ABAS Law Foundation took
over the task of organizing the annual ABAS Golf
Tournament. Its main organizer, Mike Nakagawa, was called
to the bench in Las Vegas, leaving Bob Tokunaga, Clay
Tanaka, Jeff Ogata and the Foundation to fend for themselves.
Foundation treasurer and golfer Jeri Paik volunteered
to keep the tournament going last fall against all odds, and
with others' help she did a credible job.
Joint ABAS and Foundation Installation: On January 10, 2007,
Justice Tani Cantil -Sakauye, Sacramento's only Asian/Pacific
Islander appellate justice, swore in the boards of ABAS and the
Foundation in the historic Library and Courts Building.
2007 Wine Tasting: ABAS and the ABAS Law Foundation
hope to see you at the Fifth Annual Wine Tasting at Pavilions on
Thursday evening, May 3, 2007. The cost is reasonable, and
those who aren't interested in wines can come and enjoy the
food and company. See the announcement on the back cover.
And if you golf, we hope to see you at the ABAS Golf
Tournament at Teal Bend next fall.
Jerry Chong, Carole Chong, Mary Bisharat and Will Yee.
Chuck Pacheco raises a toast of Wilson
Vineyards wine with owner Mark Wilson.
Henry Nanjo's foursome included his father
and his son at the Golf Tournament.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
23

24
From Large Law Firms To Legal Aid -
John Davis And His Active “Retirement”
Hedescribes
himself as
retired and is strictly a
volunteer, but three days a week John
Davis can be found in his office at Legal
Services of Northern California (LSNC),
where he provides pro bono assistance
both to the program itself and
to its low income clients.
“It's just a hoot”, Davis says. “I
look forward to coming to the
office. It's been an uniquely pleasant
place to land after retirement.”
A self-described “workaholic”, Davis
is the go-to-it man for the variety of
transactional work that is needed at
LSNC. He is also the most upbeat
attorney you will likely ever meet
and serves as the cheerleader for all
of the staff at LSNC and the
Voluntary Legal Services Program.
A graduate of Stanford University
and Harvard Law School, Davis spent
most of his career doing primarily
transactional work for several large
law firms. He became familiar with
Legal Services of Northern California
through his work at the law firm of
Lillick & Charles and, later, Lewis,
D'Amato. While a partner at Lillick,
one of his clients, Lighthouse Marina,
was sued by then LSNC Staff
Attorney (now Assemblyman) David
Jones of the Woodland LSNC office.
He defended the case until Jones left
LSNC and Gary Smith (now the
Executive Director of LSNC) took
over the case. Jones and Davis were
good friends from their days on the
Board of Directors of Sacramento Mutual
Housing Board. Davis liked Smith right
away as well. A complex stipulated judgment
was worked out by Davis and Smith
in settlement of the case against
Lighthouse. Smith started inviting Davis
to LSNC events, such as Jones' retirement
party, and got him involved in cases and
fundraising on behalf of LSNC.
Davis tired of work in the large firm
environment and he retired in 2000. He
SACRAMENTO LAWYER ■ MARCH/APRIL 2007
immediately scheduled a lunch with Gary
Smith at LSNC and announced that he
wanted to volunteer at LSNC. One month
later, he showed up for LSNC's weekly
case review and, as a transactional attor-
John Davis and his wife, Christine Davis
ney, felt like a square peg in a round hole.
Still, Bill Kennedy, Managing Attorney for
the Sacramento office of LSNC, found
plenty of transactional work for Davis.
For the past six years, Davis has drafted
and reviewed leases for LSNC's offices
and for the nonprofit organizations that
LSNC assists as part of its community
development work. Davis drafted the
groundlease for the Cottage Housing
development at Mather for low-income
Retiring Minds
By Vicki Jacobs
residents. Davis is currently working on
leases to assist the Hmong community in
obtaining agricultural leases to support
their community. He helped LSNC with
the transactional work needed to complete
the purchase of its Redding office, as
well as the lease for the parking lot
that serves the Sacramento office. He
drafts and reviews settlement agreements.
He has assisted with corporate
formation for local nonprofits assisted
by LSNC. He works to assure that
LSNC is in compliance with the complex
regulations the Legal Services
Corporation. In short, he is the inhouse
business lawyer for LSNC.
Fortunately for LSNC, Davis plans
to continue to volunteer for a very
long time. He says that if you can fit
your expertise into the needs of a nonprofit,
it can be “very pleasant”. Life at
legal aid is quite different from a large
firm; Davis has no secretary and he
types his own documents. Still, he
likes focusing his efforts into one
place. He has seen retirees scatter
their impact into multiple places.
Davis likes being able to use his legal
skills, doesn't have to retrain himself,
and he can make a positive impact.
Davis has been married to his
wife, Christine Davis, for 25 years.
Christine earned her Ph.D. just about
the time of Davis' retirement. She has
a very active career as Chief of the
Speech Pathology Section in the
Department of Physical Medicine and
Rehabilitation at the UC Davis
Medical Center. While firmly committed
to his 3 day a week work at LSNC, Davis
makes time for his yoga classes and running
with his dalmatians. He has been an
active member in planning LSNC's annual
Valentine's Fun Run.
Vicki Jacobs is the Managing Attorney for the
Voluntary Legal Services Program and is very
grateful to John Davis for his support of
VLSP and its staff.

Section & Affiliate Reports
Barristers Provide Introduction to
the Sacramento Legal Community
By Kimberly Norvell, Barristers' Media Chair
The Barristers' Club of Sacramento and the Daily Recorder
co-sponsored the annual “Bridging the Gap” event on
Saturday, January 20th at the Sacramento County Superior Court.
Throughout the day, judges, practitioners and other members of the
Sacramento legal community addressed those in attendance on a
wide variety of topics relevant to practicing law in Sacramento.
Judge David W. Abbott of the Criminal Home Court discussed trial
practice in the Sacramento County Superior Lunch. Following his
presentation, Jake Flesher of Barry Ubaldi McPherson & Flesher LLP
moderated a panel discussion on ethical issues. The ethics panel
was made up of Judge Abbott, Judge Judy Holzer Hersher of the
Civil Trial Department, and Donald H. Heller, private practitioner
and Judge Pro Tem to both the Sacramento and El Dorado County
Superior Courts.
Judge Kimberly J. Mueller, United States Magistrate Judge for
the Eastern District of California, and staff attorney Khalil Cox then
addressed the group on federal court practice, and Tom Johnson,
Supervising Deputy District Attorney for the County of Sacramento,
spoke about practicing in the District Attorney's office. After lunch,
attendees were given an orientation on the Sacramento law library
by Coral Henning, the Director of the Sacramento County Public
Law Library. Judge James M. Mize of Department 128 in the
Family Law Court and Mary Martinelli, a partner with Downey
Brand LLP, provided an overview of what to know about family law
practice. As the final presentation of the day, Nicole De Santis,
Exchange Counsel for First American Exchange Company, Jennifer
McQuarrie of Charter Schools Development Center and Maggy
Krell, Deputy Attorney General, gave an informative presentation
on alternative legal careers and careers with the State of California.
The Barristers wish to thank all those in attendance and to
extend to each of the presenters our sincerest gratitude for their
time and continued support of the Barristers' Club.
Barristers' Club of Sacramento Upcoming Events
March 21, 2007, 12:00p-1:00p: Arbitration seminar.
A local expert on arbitration will speak on
the ins and outs of conducting arbitrations,
including insightful and practical tips to assist in
your arbitration practice. Participants will receive
approximately one unit of MCLE credit. To RSVP
or for information on cost and location, please
contact Bruce Timm at BTimm@littler.com.
March 22, 2007, 7:30p-9:30p.: Networking
Social. Please join the Barristers' Club for an
evening of socializing, networking and complimentary
drinks. No RSVP is necessary. For more
information, please contact Kim Norvell at
KimANorvell@yahoo.com.
April 18, 2007, 11:30a-1:00p: The Barristers'
Club presents “Marketing from the Client's
Perspective.” Mr. Jeff Starsky, General Counsel
for the Beutler Corporation, Northern California's
largest heating and air conditioning contractors.
Mr. Starsky will provide valuable tips to attorneys
of all levels regarding what clients expect
from their counsel. Participants will receive
approximately 1.5 units of MCLE credit. To RSVP
or for more information, please contact Stacy
Melville at melville@lbbslaw.com.
Any person who is a member of the
Sacramento County Bar Association is
automatically a Barrister if he or she is
under 36 years of age or has been in
practice five years or less, whichever is
later. In addition to sponsoring network
and social events, the Sacramento
Barristers' Club offers seminars for
MCLE credit addressing areas of interest
to attorneys in their first several years
of practice. To be added to the
Sacramento Barristers' Club email list
for information on upcoming events,
please contact our Membership Chair,
Jeannie Lee, by sending an email to
sacbarristers@gmail.com. We look forward
to meeting you.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
25

26
Women Lawyers of Sacramento
Installs 2007 Officers and Directors By Patricia Sturdevant
On
December 14, 2006, WLS held a celebration of
life, career, and community at a luncheon to
swear in the 2007 officers and directors of the organization. It was
a festive event in the Courtyard Grill Room of the Firehouse
Restaurant where guests feasted on fabulous appetizers and delicious
entrees, and contemplated the past and future of this vital
and vibrant association.
President Lori Okun addressed the group outlining our
accomplishments for 2006. An award to Past President Grace
J. Bergen memorialized the most significant event of the year,
the creation of the Sacramento No Glass Ceiling Task Force,
only the second in the state. Grace was honored for her vision
Events
and leadership in establishing the Task Force and working with
it to establish specific voluntary commitments to encourage the
participation, retention and advancement of women at all levels
of the legal profession in Sacramento.
The Honorable M. Kathleen Butz, Associate Justice of the Third
District Court of Appeal, installed the new Officers and Board members
for 2007. The officers are: President, Theresa LaVoie; Vice
President, June Coleman; Secretary, Patricia Sturdevant; and
Treasurer, Anissa Knox Stelle. Anissa's husband, Chuck, and infant
son, Marvin, were proud and pleased to join in the celebration.
President LaVoie described our vision and plans for 2007,
which include working collaboratively with other associations
2007 Board Standing: Kristi Fettig (Newsletter Committee Co-Chair); Anissa Knox Stelle (Treasurer of WLS); Megan Lewis (Legislation & Bar
Delegations Committee Co-Chair); Jennifer Rouse (Judicial & Other Appointments Committee Co-Chair); Angela Lai (Programs Committee Co-
Chair); Tamara Dahn (Judicial & Other Appointments Co-Chair); Wendy York (Publicity/Community Relations Committee Co-Chair); Jennifer
Horst (Membership Committee Co-Chair); Patricia Sturdevant (Secretary of WLS); and Mary Dougherty (Membership Committee Vice-Chair).
Seated: June Coleman (Vice President of WLS); Jean McEvoy (Past President of WLS); Theresa La Voie (President of WLS); Amal Abu-Rahma
(Programs Committee Co-Chair); and Justice Kathleen Butz.
SACRAMENTO LAWYER ■ MARCH/APRIL 2007

within the Unity Bar, urging the Governor to expand his commitment
to diversity in the appointment of judges, increasing the signatories
to the no glass ceiling commitments, continuing our
highly successful Paths to Success series assisting those interested
in judicial and other appointments, and reinstituting a legislative
reception in addition to the Supreme Court Reception that is our
signature program.
Board members who will contribute to the success of these
efforts include: Development Committee Co-Chairs Jamie Errecart
and Michele Z. Stevenson and Vice Chair Maggy Krell; Grants &
Awards Co-Chairs Christine Jacobs and Joy Rosenquist; Judicial &
Ann Kanter, Helene Friedman, Jennifer Corey and Justice Kathleen Butz
Exiting President Lori Okun with
incorming Presdent Theresa LaVoie
Other Appointments Co-Chairs Tamara Dahn and Jennifer Rouse;
Legislation & Bar Delegations Co-Chairs Andrea Ritigstein and
Megan Lewis and Vice Chair Erin Weber; Membership Committee
Co-Chairs Jennifer Horst and Livia Stoice and Vice Chair Mary
Dougherty; Newsletter Co-Chairs Kristi Beckley and Gayle M.
Kono; Programs Co-Chairs Amal Abu-Rahma and Angela Lai; and
Publicity/Community Relations Co-Chairs Maralee MacDonald and
Wendy York. The Past President liaison for 2007 is Jean McEvoy.
WLS also acknowledged and welcomed Marcia Augsberger, the
new No Glass Ceiling Project liaison to the Board.
We look forward to an exciting and productive year.
Anissa Knox Stelle, Charles Stelle and son Marvin.
Grace Bergen, Past President of WLS
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
27

VIP Mentors (VIP) is the only non-profit organization in
Sacramento and Yolo counties that recruits, matches and
assists attorneys, and only attorneys, to mentor parolees from
the California Department of Corrections and Rehabilitation.
VIP's attorney volunteers provide personal, one-on-one mentoring
and act as role models to
parolees as they struggle to turn their
lives around and become productive,
crime free citizens.
There are no set hours. Mentors
and mentees check in with each other
every week by phone and decide on
the best times to get together. The
important thing in VIP mentoring is
not volume, but dependability, consistency
and sincerity.
Throughout the year, VIP organizes
picnics, excursions to sporting
events and holiday parties for mentors,
mentees and their significant
others. Last June, a VIP group attended
the beginning of the River Cats
season. Another group enjoyed a preseason
Kings game at Arco Arena on
October 20th. The Sacramento Maloof Sports and
Entertainment group generously gave VIP Mentors discounted
tickets for the Kings. On behalf of VIP Mentors, I would like to
thank Maloof Sports and Entertainment for their generous gift.
It was a wonderful evening!
I arrived early so I could watch each mentee and mentor take
their seats. I love the positive energy when like-minded people come
together. Many of our mentees have never attended a professional
sporting event and it was exciting to see them share this new experience
with their mentors. In this friendly and invigorating space,
our mentees knew that for once in their lives, no one would judge
them for their past. We were there as a “family” to simply have fun.
To be honest, I am not a big sports fan. I don't understand
28 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Community Service
VIP Mentors Enjoys a
Night of Basketball
By Collette M. Aldana,
Program Director, VIP Sacramento/Yolo
the rules and often times can't even figure out what is or isn't
allowed. But even though I have no idea what is going on, I
always have a great time at VIP sports events. I may not learn
much from the game, but I end up learning a lot about each
of the amazing mentors and mentees in our program.
Program Director Collette Aldana, Keisha Clark with Mentor Alana Mathews-Davis, Debra
Wriedt with Mentor Suzann Gostovich.
“People seldom improve when they have
no other model but themselves to copy.”
--Oliver Goldsmith
There is another advantage. It seems that even nachos and
hot dogs taste much better at VIP events. Our highly contagious
sense of excitement and camaraderie extends even to the food we
enjoy. There is just something special about being in the midst
of a group of people who want to change their lives.
Please join us. Become a VIP mentor!
I assure you that spending time with your
mentee will be a unique and rewarding
experience. You and your parolee decide
what to do or accomplish. Activities in
which you can share interests, talk or just
get to know each other are best: going out
for coffee, sharing a meal, taking in a
movie or game, jogging or shooting baskets.
Your advice about schoolwork, finding
a job, getting a driver's license and a
variety of other coping skills will be highly valued.
I hope to see you at our next VIP sporting event or other celebration
of the impact that one person can have on the life of
another. I've got your ticket ready!
If you are interested in becoming a mentor or need further
information, please contact Collette Aldana, Program Director, VIP
Mentors Sacramento/Yolo at (916) 324-4141 ext. 259, by fax (916)
445-8864 or by e-mail at vip-sacramento@vipmentors.org

OnJuly
20, 2006, Sacramento lost a bright legal
star, though he is no doubt shining down
upon us now, overseeing all that he accomplished in this world.
And “all” for this gentleman, attorney Tommy Clinkenbeard,
is quite a lot, especially considering the talented Public
Defender passed away much too young, at age 51. In the words
of poet Rudyard Kipling, Mr. Clinkenbeard is one of those fortunate
individuals to have filled a minute with sixty seconds'
worth of distance run, and now, we are fortunate to be reaping
the benefits of his accomplishments.
Tommy Clinkenbeard leaves behind a beautiful legacy, and
that statement isn't a superfluous cliché. Yes, Tommy had a busy
and successful legal career, handling many high profile cases at
the Sacramento PD's office, including the defense of Nikolay
Soltys in August of 2001, the troubled young man who killed his
pregnant wife and several family members before talking his own
life in Sacramento County Jail. Yes, it was also Tommy who the
lobbied for jail reform measures in Sacramento, seeking to turn
this tragedy into something constructive.
Yes, Tommy leaves behind a successful family of four children
and many grandchildren, including son, attorney Tom
Clinkenbeard, who now has the tall order of following in his
father's footsteps at the Sacramento Public Defender's Office.
Yes, Tommy was also an active board member of the Death
Penalty Focus, a statewide organization dedicated to the abolition
of capital punishment, one of Tommy's many passionate
causes on behalf of the less privileged. He was also the man you
read about who challenged Sacramento's anti-camping ordinance,
which prohibited homeless individuals from making
Sacramento trails and riverfronts their meager home, lest they
risk prosecution. A dedicated board member of Sacramento's
Loaves & Fishes, Tommy was so valued in his selfless work for
the homeless that in addition to other memorial services, a special
memorial service was held for him last year in Sacramento's
Friendship Park, where lawyers and homeless individuals alike
joined in praising his efforts. And those that gathered didn't just
come to pay their respects to a good man they had heard about:
everyone present wore a purple ribbon in honor of Tommy,
because everyone knew purple was Tommy's favorite color.
Yes, Tommy accomplished all of these things, but he also
leaves behind another tangible accomplishment, one that perhaps
will outlive all of us: the Loaves & Fishes Legal Clinic* (which is
to be re-named the Tommy Clinkenbeard Legal Clinic) he cofounded
with Angie Mendoza in 2002. He was so loyal to this
mission that he willed $10,000 of his own money to ensure the
Clinic will continue to operate and thrive. The legal clinic helps
less fortunate individuals avoid incarceration and fines by contributing
work hours of community service. From June of 2002
through December of 2005, the Clinic is proud to report that it
has helped 8, 927 people contribute 31,663 hours of community
service. For this, we have Tommy to thank.
Thank you, Tommy
In Memoriam
Thank You, Tommy
By Nicole M. De Santis
“If you can fill the unforgiving minute
With sixty seconds' worth of distance run
Yours is the Earth and everything that's
in it…”
--Rudyard Kipling
* The Clinic is in the process of expanding and is looking for lawyers who
wish to donate pro bono hours to help further Tommy's cause at the clinic.
If you can donate bus passes, or would just like to serve as someone's
mentor and guide, please contact Angie Mendoza at (916) 446-0368.
* With many thanks to Angie Mendoza of Loaves & Fishes, and the
many articles previously written about Tommy, specifically by Jocelyn
Wiener of the Sacramento Bee and Mark Hedlund of News 10.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
29

OnFriday
evening, December 15, 2006, members of the Sacramento
County Bar Association were invited to the Bar Offices for a convivial
holiday gathering. Kudos to Keith Staten for organizing the event, and to
Johnny Carino's for scrumptious nibbles!
30 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Events
SCBA Spreads a Little Holiday Cheer
Jack Laufenberg reflects
with SCBA Executive
Director Carol Prosser about
his year as President.
Heather Hoganson,
Mary Burroughs - Sacramento
Lawyer Magazine Publication
Designer, and Toso Himel
swap magazine anecdotes
Elisa Levy and Keith Staten
Grace Bergen and Lori Okun
share stories with Borden Webb

K
Barrister of the Month:
Kimberly A. Norvell
imberly Norvell originally hails from the great state of
Texas. She was born and raised in the Dallas area but
spent summers visiting her father in
California. After briefly contemplating a
move to the West Coast for her undergraduate
education, Kim instead made the shorter
trip down to Austin where she attended the
University of Texas. She earned a Bachelor
of Arts in Philosophy and continued her
study of vocal performance. In addition to
individual study and recitals, Kim performed
with the university's elite ensemble, the
Chamber Singers, as well as singing with the
Madrigal Choir during the holiday season.
In the fall of 2002, Kim finally decided the
time was right for a move to California and
came to Sacramento to attend the University
of the Pacific, McGeorge School of Law as an
Anthony M. Kennedy Fellow. In her first year, she and the other
Kennedy Fellows traveled to Washington D.C. to observe oral
arguments at the Supreme Court, followed by a “behind the
scenes” look at the court from Justice Anthony Kennedy. The following
summer, Kim studied Fundamental Rights in Europe and
the U.S. with Justice Kennedy through McGeorge's summer program
in Salzburg, Austria. This trip stands out as one of the highlights
of her education as it afforded her the opportunity not only
to study with one of the world's foremost experts on Constitutional
Law, but it also provided the chance for her to make an extensive
trip throughout Europe, traveling from Paris to Prague and to many
points in between.
It was also at McGeorge that Kim also began her affiliation
with the Barristers' Club. As the President of the Junior Barristers'
Club in her third year, Kim attended board meetings and events
hosted by the Barristers' Club, making it a natural transition for
her to join the Board after graduating from law school. Kim joined
the Board of the Barristers' Club in May of 2006 and was also chosen
to serve as the Media Chair for the organization.
Join the
SACRAMENTO COUNTY
BAR ASSOCIATION
online at www.sacbar.org
A subscription to the Sacramento Lawyer
is included in membership. The magazine
subscription is $24 for nonmembers.
Section & Affiliate Reports
After graduating from McGeorge with distinction in 2005,
Ms. Norvell joined the law offices of Downey Brand LLP where
she had worked as a summer associate during
2004. She is a member of the firm's
Corporate, Securities, and Tax group where
she focuses on corporate and financial institution
law, assisting companies in formation,
dissolution, mergers and acquisitions,
contract, real estate, regulatory compliance
and general corporate governance matters.
In her free time, Kim loves to travel and
visits her family and friends back in Texas
at every opportunity. Along with her father
and step-mother, she has one sister as well
as a step-brother and step-sister all living in
Northern California, and can often be
found with her family boating on the San
Joaquin River Delta. Kim continues to
enjoy singing, although these days it is more likely to be
karaoke than a cantata!
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■ MARCH/APRIL 2007 SACRAMENTO LAWYER
31

There's good news for retired (or inactive) attorneys who
want to use their legal knowledge and experience to benefit
others: the State Bar of California's Emeritus Pro Bono Program
allows attorneys to waive their yearly State Bar dues and remain
active attorneys for the purpose of practicing law on a pro bono
basis through a qualified legal services program or a State Bar certified
lawyer referral service. This program has been offered by the
State Bar of California since 1987.
To be eligible for the Emeritus Pro Bono Program, the
retired/inactive attorney must:
1. Be in good standing with the State Bar of California;
2. Have practiced law or served as a judge in California at least
3 out of the last 8 years;
3. Have been admitted to practice law in any jurisdiction in the
United States at least 10 years preceding application to the
program;
4. Agree to practice law only on a pro bono basis through a qualified
legal services program or a State Bar certified lawyer
referral service; and
5. Complete the MCLE requirements of active attorneys.
32 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Community Service
Volunteer Opportunities for
Emeritus Attorneys
C
alifornia, along with many other
states, recognized the week of
March 5-11, 2007, as Problem Gambling
Awareness Week. An estimated two to five
percent of the general population experiences
significant difficulties as a result
of their gambling, including financial,
health, mental health, and interpersonal
problems. The detrimental impact
extends to families, communities, and
employers. We've heard stories about
spouses lying to cover up a gambling
habit - saying that they went to work
but went to the track instead. We've read
about church volunteers misusing the bingo
funds or employees who embezzled company
funds to cover gambling sprees.
Gambling problems can affect all seg-
Problem Gambling
Awareness Week
ments of the population, including attorneys.
One district attorney was found to
have fixed speeding tickets to support his
gambling habit. More than one attorney in
Gambling problems can
affect all segments
of the population,
inlcuding attorneys
private practice has embezzled (“borrowed”)
client funds to pay for gambling
sprees, which ultimately led to professional
disbarment. Lawyers also may encounter
clients where financial troubles (high credit
By Vicki Jacobs, VLSP Managing Attorney
The Voluntary Legal Services Program, the local pro bono program
jointly sponsored by the Sacramento County Bar Association
and Legal Services of Northern California, is a qualified legal services
program that has benefited from the volunteer work of emeritus
attorneys over the years. VLSP staff greatly appreciate the legal
experience offered by emeritus attorneys and can find a volunteer
opportunity for any emeritus attorney, whether through assisting at
a legal clinic, through the referral of a case for direct representation
by the emeritus attorney, or by mentoring a less experienced attorney
through the course of a pro bono case.
No minimum number of volunteer hours is required of an
emeritus attorney. If the prospect of completing the MCLE hours
is daunting, VLSP staff will work with the emeritus attorney to find
free or low cost continuing education courses that will satisfy the
MCLE requirements.
VLSP invites prospective emeritus attorneys to contact us to discuss
the program further. We hope to be able to find a satisfying
volunteer opportunity for that attorney in assisting a low income
client who would otherwise be unable to afford the assistance of
counsel. For further information, please feel free to contact Vicki
Jacobs, VLSP's Managing Attorney, at (916) 551-2162.
card debt, outstanding loans to family members
and friends) could be an indication of a
gambling problem. Bankruptcy or financial
consolidation will not alleviate the underlying
addiction. Referral to a counselor
who works with addictions or referral
to Gambler's Anonymous may be helpful
advice for your client.
The State Bar's Lawyer Assistance
Program (LAP) addresses problem
gambling for California Attorneys. Call
1-877-LAP-4-HELP or e-mail
LAP@calbar.ca.gov. General information
can also be found at
problemgambling.ca.gov (The California
Office of Problem Gambling). Gamblers or
concerned friends or family members may
call 1-800-GAMBLER for assistance.

Downey Brand LLP, named four new
partners: Wendy L. Bogdan,
Cassandra M. Ferrannini, John C.
Oehmke and Winnifred C. Ward.
Wendy L. Bogdan joined Downey Brand in
2000. Her practice focuses on environmental
law with an emphasis in Land Use. She
received her J.D. from Boalt Hall School of
Law in 1998 and her B.A. in
Anthropology from the
Cassandra M.
Ferrannini
Courthouse Steps
University of California, Berkeley in 1990.
Cassandra M. Ferrannini also joined
Downey Brand in 2000. Her practice focuses
on labor and employment litigation. She
received her J.D. from McGeorge School of
Law, University of the
Pacific in 1999 and her
B.A. in English from the
Dominican College of San
Rafael in 1989.
John C. Oehmke joined Downey Brand
in 2004 as Counsel. He is a 1996 graduate
of Harvard Law School and he received his
B.A. in Psychology from
Georgetown University in
1990. Oehmke's practice
Winnifred C.
Ward
focuses on corporate and real estate law.
Winnifred C. Ward also joined Downey
Brand in 2004 as Counsel. Her practice focuses
on real estate law. She received her J.D. from
the University of California, Davis School of
Law in 1993 and her A.B. from Brown
University in 1985.
***
Karen L. Turner has joined Rediger,
McHugh & Hubbert, LLP as an associate focusing
on labor and employment matters. Karen
has practiced in the areas of business, employment,
and managed care litigation, advice and
counsel since 2003. Karen is a graduate of
McGeorge School of Law.
***
Zachary
Smith
McDonough Holland & Allen PC announced that
shareholder and litigator Zachary Smith was selected
to the membership of the American Board of Trial
Advocates (ABOTA). Smith was invited to join the
group's Sacramento Chapter after undergoing a rigorous
nomination and selection process, including
Courthouse Steps
Wendy L.
Bogdan
John C.
Oehmke
Karen L.
Turner
extensive review of trial records resulting in favorable client verdicts
and an affirmative vote by at least 75 percent of the local chapter membership.
Smith has nearly 30 years of trial and alternative dispute resolution
experience in a broad range of matters, ranging from complex
insurance to construction defect to professional liability, and recently
he secured a multi-million dollar jury verdict in a financial fraud and
embezzlement case. Smith received a J.D. from the
University of Pacific, McGeorge School of Law
(1977) and a B.A. from Stanford University (1973).
Jo Anne M. Bernhard has been selected as
Dean for the University of Shopping Centers to be
held at The Wharton School of the Univ. of
Pennsylvania, March 5-7, 2007. The program is
established by the International Council of
Shopping Centers and features courses taught by
authorities in their field. Ms. Bernhard will be Dean
Jo Anne M.
Bernhard
of the School of Shopping Center Law, being Associate Dean in 2006.
She has been a sole practitioner in Sacramento, CA since 1970, and
very active in the commercial real estate field. She also serves as Legal
Counsel for California Business Properties Association.
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
33

Justice Robie Shares His Insights On Water Law;
Environmental Law Section Awards Scholarships
On
January 25, 2007, the Sacramento County
Bar Association Environmental Law Section
and the California Bar Association Environmental Law Section
hosted their annual joint luncheon at the Firehouse in Old
Sacramento. The indefatigable Justice Ronald B. Robie of the
Third District Court of Appeal was the featured speaker. He
provided fascinating insights into the State Water Resources
King Hall, the UC Davis School of Law, is well-represented by students
(l-r) Jack McKenna, Jessica Newman, Emily Brand, scholarship
recipient Austin Quinn-Davidson and Professor Holly Doremus.
Austin Quinn-Davidson, UC
Davis School of Law; Tina
Cannon, Chair, SCBA ELS; and
Susan Hill, McGeorge School
of Law.
34 SACRAMENTO LAWYER ■ MARCH/APRIL 2007
Section and Affiliate News
By Tina Cannon, Chair, Environmental Law Section
Photos by Ken Rabiroff
Jan Stevens, Former Senior
Assistant for the CA Attorney
General's Office Land Law
Section shares a moment with
luncheon key note speaker,
Justice Ron Robie of the Third
District Court of
Appeal who is also
a former Chair of
the SCBA ELS.
Cassie Aw-yang
and former SCBA
ELS Chair Tim
Taylor, both of
Somach, Simmons
and Dunn
Kristen Castaños, Secretary of the State Bar of California
Environmental Law Section, making the introductory remarks for
the joint luncheon.
After speaking on the State Water Resources Control Board
Coordinated Cases Opinion, Justice Ron Robie stops to chat with
Water Board Staff (l-r) Barbara Leidigh, Les Grober, (Justice
Robie), Betsy Jennings, and Andy Sawyer.

Control Board Coordinated Cases and El
Dorado Irrigation District v. State Water
Resources Control Board opinions and appellate
practice in general. The annual luncheon also
provided an opportunity for the SCBA ELS to
recognize its first ever environmental law
scholarship recipients: Austin Quinn-
Davidson of King Hall, the University of
California, Davis, School of Law, and Susan
Hill of McGeorge Law School, University of the
Pacific. Ms. Quinn-Davidson and Ms. Hill were
nominated by the environmental law faculties
of their respective schools based on several factors
including academic performance and sustained
interest in environmental law. Each
received $1,000.
The SCBA ELS holds its environmental law
luncheons the first Tuesday of each month at the
Firehouse in Old Sacramento. Registration com-
Tina Cannon, ELS Chair, speaks with David Nawi of Shute, Mihaly
and Weinberger while Whit Manley of Remy, Thomas, Moose and
Manley chats with UC Davis law student Jack McKenna. Tina
Thomas, also of Remy, Thomas, and Kristen Castanos visit in the
foreground.
Kristen Castaños; Chandra
Ferrari of the Dept. of Fish
and Game; scholarship
recipient Austin Quinn-
Davidson, and Immediate
Past Chair of the State Bar
ELS, Sherri Kirk.
mences at 11:45 a.m. We are your environmental bar section and
welcome your participation and involvement. SCBA ELS luncheons
are an opportunity to renew old acquaintances and make
new contacts among your environmental law peers while earning
Mandatory Continuing Legal Education credit. If you would like
to receive announcements for upcoming section luncheons, please
send an e-mail to SCBA.ELS@gmail.com asking to be placed on our
electronic mailing list. We hope that you join us.
(l to r) Mary Akens, Keith Wagner, and Tina Cannon of the SCBA Environmental
Law Section Executive Committee and Kristen Castaños of the State Bar of
California ELS Executive Committee.
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CALL EVA at (916) 971-3999
Experienced Family Law Attorney Wanted
to work in a team environment at Family Law Center.
Call Carol Delzer or Jamie Miller 916-488-5088
or email carol@familylawcenter.us.
Index of Advertisers
ABAS Law Foundation Wine Tasting . . . . . . . . . . . . . . . . .Back Cover
Boyd & Kimball, LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 21
Brendon Ishikawa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 9
Computer Forensic Legal Services . . . . . . . . . . . . . . . . . . .page 20
Dave Rudy, Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 9
Elder Law Conference/California Advocates for
Nursing Home Reform . . . . . . . . . . . . . . . . . . . . . . . . . . .page 20
Family Law Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 33
Hunter Flemmer Renfro & Whitaker, LLP . . . . . . . . . . . .page 19
JAMS Sacramento Resolution Experts . . . . . . . . . . . . . . . .page 16
LexisNexis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 10
National Problem Gambling Awareness Week . . . . . . . . . .page 30
Northern California Collection Service . . . . . . . . . . . . . . .page 4
Operation Protect and Defend . . . . . . . . . . . . . . . . . . . . . .page 20
Pacific McGeorge School of Law Workshop . . . . . . . . . . .page 17
Professional Reporting Services . . . . . . . . . . . . . . . . . . . . .page 17
Ramsay “Buzz” Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . .page 29
River City Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 12
SCBA Alternative Dispute Resolution Service . . . . . . . . . .page 5
Sacramento County Bar Association . . . . . . . . . . . . . . . . .page 31
Sacramento County Public Law Library . . . . . . . . . . . . . .page 10
Thomson West . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 2
Ueltzen & Company, LLP . . . . . . . . . . . . . . . . . . . . . . . . .page 15
■ MARCH/APRIL 2007 SACRAMENTO LAWYER
35

Thursday, May 3, 2007, 6:00 to 8:30 p.m.
at the Pavilions Courtyard