International Law - Contra Costa County Bar Association

Contra Costa Lawyer 

Volume 22, Number 7 • July 2009 

The official publication of the 

B A R A S S O C I A T I O N 

International Law

The Contra Costa County Bar Association is pleased to announce the fourth never annual 

Trivia Bowl for Access to Justice 

in support of The BAR FUND 

Friday, October 2, 2009 • 6:00 – 9:30pm • Blackhawk Museum 

$75 per person - $750 reserved table for 10 

$100 per person for Sponsors / $1,000 Patron table for 10 (includes recognition in event program) 

$500 to enter a team of 3 (100% of team entrance fees may be taken as charitable tax deduction) 

Master of Ceremonies Tom Beatty • Judge Hon. Norm Spellberg (ret.) • Game Show Host Brian Bonney 

Maserati Sponsors 

JAMS • Miller Starr Regalia • Nevin Ramos & Steele 

Ferrari Sponsors 

Carroll, Burdick & McDonough, LLP • Certified Reporting Services • The Recorder 

To Register: Call Michele Vasta at 925.370-2548 with your Visa, MasterCard, American Express, or Discovery Card, 

email her at mvasta@cccba.org ~ or ~ send your check, payable to CCCBA, to 704 Main Street, Martinez 94553. 

For further information see the calendar insert ~ or ~ contact Lisa Reep at 925.288-2555 or lgreep@cccba.org.


Volume 22, Number 7 • July 2009 

c o n t e n t s 

B A R A S S O C I A T I O N 

features 

6 Doing business in the far east 

An overview of how local businesses are faring 

in 2009 as compared with a year ago. 

Richard Frankel 

10 teaching law overseas 

A journey of one attorney’s Hungarian assignment. 

David Elefant 

13 The CCCBA Rallies to Raise Funds 

For the Food Bank 

Ed Shaffer 

16 Local Verdicts guru has 

International roots 

Our local jury verdicts author recalls his time 

in Denmark, while detailing some differences 

of practicing international law. 

Matt Guichard 

18 This call may be monitored 

What should you do if your client calls you from jail 

It depends... 

David Briggs 

departments 

4 Inside 

Erika Portillo 

9 What clients are saying 

about cccba’s lrIS 

14 Question Man 

What’s the role of immigration 

on the U.S. Economy 

15 2009 cccba Sustaining Law Firms 

20 ethics Corner 

carol M. Langford 

21 New members 

22 ClassIFIeds

inside 

2009 BOARD of DIRECTORS 

Larry Cook President 

Ron Mullin President-Elect 

Kathy Schofield Secretary 

Audrey Gee Treasurer 

Robin Pearson Ex Officio 

Christopher Bowen 

Oliver Bray 

Mike Brewer 

Jay Chafetz 

Virginia George 

Peter Hass 

Leigh Johnson 

Kristen Thall Peters 

Ron Rives 

Dana Santos 

Stephen Steinberg 

Candice Stoddard 

CCCBA EXECUTIVE DIRECTOR 

Lisa Reep: 925.288-2555 • lgreep@cccba.org 

CCCBA main office: 925.686-6900 • www.cccba.org 

Jennifer Comages 

Membership Coordinator 

Emily Day 

Systems Administrator and 

Fee Arbitration Coordinator 

Manny Gutierrez 

Administrative Assistant 

and Legal Interviewer 

EDITOR 


925.942-5100 

ASSOCIATE EDITOR 

Nancy J. Young 

925.229-2929 

BENCH LIAISON 

Hon. Mary Ann O'Malley 

925.646-4001 

BOARD LIAISON 


925.942-5100 

COURT LIAISON 

Kiri Torre 

925.957-5607 

ADVERTISING/DESIGN 

Young Design & Production 

925.229-2929 

PRINTING 

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925.552-9998 


PHOTOGRAPHER 

Moya Fotografx 

510.847-8523 

Maria Navarrete 

LRIS Coordinator 

Barbara Tillson 

Moderate Means Program 

Coordinator 

Michele Vasta 

Section Liaison / Education 

& Programs Coordinator 

EDITORIAL BOARD 

Kate Bekins 

925.284-0480 

Mark Ericsson 

925.930-6000 

Matthew P. Guichard 

Local Civil Jury Verdicts 

925.459-8440 

Patricia Kelly 

925.258-9300 

Nicole Mills 

925.351-3171 

Craig Nevin 

925.930-6016 

David Pearson 

925.287-0051 

Erika Portillo 

925.459-8440 

Andy Ross 

925.296-6000 

Kathy Schofield 

925.253-7890 

Audrey Smith, JFK Liaison 

925.969-3561 

Harvey Sohnen 

925.258-9300 

Marlene Weinstein 

925.942-5100 

The Contra Costa Lawyer (ISSN 1063-4444) is published 

monthly by the Contra Costa County Bar Association (CCCBA), 

704 Main Street, Martinez, CA 94553. Annual subscription of $25 

is included in the membership dues. Second-class postage paid 

at Martinez, CA. POSTMASTER: send address change to the 

Contra Costa Lawyer, 704 Main Street, Martinez, CA 94553. 

The Lawyer welcomes and encourages articles and letters from 

readers. Please send them to Nancy J. Young, Associate Editor, 

Contra Costa Lawyer, P.O. Box 1867, Benicia, CA 94510. 

The CCCBA reserves the right to edit articles and letters 

sent in for publication. All editorial material, including editorial 

comment, appearing herein represents the views of the respective 

authors and does not necessarily carry the endorsement of 

the CCCBA or the Board of Directors. Likewise, the publication 

of any advertisement is not to be construed as an endorsement 

of the product or service offered unless it is specifically stated 

in the ad that there is such approval or endorsement. 

by Erika Portillo 

Welcome to the International Law issue. International and immigration law are relevant 

topics for all lawyers. To better serve our clients in today’s international environment, 

our task should be to keep up with the changes in these areas. 

In our first article, Dick Frankel tells us what local business executives and owners 

(involved in importing, distribution and sales of goods produced in the Far East) are 

saying about doing business in 2009 as compared with a year ago. Next, David Elefant 

shares his experience with the Center for International Legal Studies. Through its Senior 

Lawyers Program (which places U.S. attorneys in eastern European law schools for 

a minimum commitment of two weeks), David was assigned to the University of 

Debrecen in Hungary. Finally, Matt Guichard recalls his travels to Denmark, where 

he participated in an internship as part of his studies in Salzburg, Austria, while detailing 

some of the differences and challenges of practicing international law. 

“What’s the role of immigration on the U.S. economy” As an immigration law practitioner, 

I would like to share my opinion on this month’s Question Man. There are several myths 

out there that have caused people to believe that immigration has a negative impact on 

the U.S. economy. For instance, the opinion of some is that “immigrants are a drain on 

the U.S. economy.” The fact is that the immigrant community is not a drain on the U.S. 

economy, but proves to be a net benefit. Research reported by both the CATO Institute 

and the President’s Council of Economic Advisors reveals that the average immigrant 

pays a net of $80,000 more in taxes than they collect in government services. For 

immigrants with college degrees, the net fiscal return is $198,000. 

Further, the American Farm Bureau asserts that without guest workers, the U.S. 

economy would lose as much as $9 billion a year in agricultural production and 20% 

of current production would go overseas [AILA InfoNet, Doc. No. 09032667, posted 

March 26, 2009]. 

Another concern often expressed, is that “immigrants send all their money back to 

their home countries.” As such, there is no benefit to the U.S. economy. The fact is, 

while it is true that immigrants remit billions of dollars a year to their home countries, 

that is one of the most targeted and effective forms of direct foreign investment. Additionally, 

consumer spending of immigrant households and their businesses contribute 

$162 billion in tax revenue to U.S. federal, state and local governments [AILA InfoNet, 

Doc. No. 09021836, posted February 18, 2009]. 

The disseminating of not only negative but positive information will enable people to 

have an informed opinion on immigration, and to understand more about its advantages. 

Hopefully, when the time comes to decide on immigration reform, our representatives 

will make an informed decision, resolving our immigration problem once and for all. u 

— Erika Portillo practices with the firm of Guichard, Teng & Portello, APC, with a focus on 

immigration and civil law, and matters related to Mexican law. 

4 July 2009

CCCBA Returns to Cabo! 

November 7 – 14, 2009 

Crowne Plaza Los Cabos 

All Inclusive Resort! 

Book now! $995 to $1200 per person, double occupancy 

(includes travel, food, recreation, tips and drinks at a highly rated resort on the Sea of Cortez) 

Additional $200 seminar fee for each attorney attending includes 6 hours MCLE credit* 

(Ethics and Elimination of Bias in the Legal Profession), plus optional judge pro tem update classes 

MCLE by Justice Mark Simons, Hon. Susanne Fenstermacher, Hon. James Libbey (ret.), Hon. Lowell Richards 

It’s as Easy as 1-2-3 to sign up! 

1. Pay the seminar fee to CCCBA 

2. Book the trip yourself any time (details from Lowell Richards) 

3. Choose your own travel dates, times and airport for greater convenience 

Then go, learn and enjoy! 

~ ~ 

Please contact Lowell Richards for details at ler@lerichards.com or 925.890-3207 (cell) 

Contra Costa Lawyer 5

Doing Business 

in the Far East 

by Richard Frankel 

So, you want to purchase some new clothing or bed linens on sale over the July 4th weekend Macy’s is most likely 

having another sale. Chances are that the new dress, shirt, trousers or bed linens are made somewhere in the Far East. 

This article is a sampling of what local business executives and owners involved in importing, distribution and sales 

of goods produced in the Far East are saying about doing business in 2009 as compared with a year ago. 

China 

Textile mills are shutting down with great 

frequency. The Chinese mills simply do not 

have enough business to stay open regularly. 

Mills are converting from producing fabric 

to ready-to-wear merchandise. Mills that 

used to run 24/7 and were previously stockpiling 

fabric have ceased. Now, before any 

fabric is produced, the mills want a confirmed 

order. Delivery dates are now more 

than 120 days out, when formerly it was 

60 to 90 days. Now, before placing any 

orders, importers must provide a mill with 

an irrevocable letter of credit. Importers 

previously negotiated terms. Forget negotiating 

terms. Previously importers could 

rest assured that fabric would be ordered 

without any “contamination.” Now contamination 

is rampant. Fabric is of poor 

quality, if not wholly unsuitable. Quality 

control has deteriorated. 

According to one U.S. company president, 

Chinese manufacturers increasingly 

are desirous of having an office and showroom 

in China. In one particular location, 

there are probably 30 million people who 

reside in a defined geographical area with 

about 1,000 family-owned small factories. 

There are a substantial number of government 

owned and operated factories competing 

with family-owned manufacturing 

facilities. Presently, there is simply not 

enough demand from the U.S. to maintain 

the existence of all these factories. The 

Chinese government has routinely been 

providing rebates on the order of about 

2%. Roughly one-fifth of all purchase 

orders include factory-owner rebates. 

Customers are now demanding part of 

the rebate. Chinese fabric exports are down 

about 35%. Hong Kong contains a vast 

storage facility of empty containers. Profit 

margins have shrunk from about 30% 

down to about 7%. 

Retailers and wholesalers indicate the 

only way they will effectively negotiate a 

business transaction is to personally visit 

manufacturing facilities in China or other 

parts of the Far East. Personal relationships 

with the owners and key manufacturer 

representatives are of the utmost importance. 

Email and telephones are not effective 

long-term. When negotiating with 

a factory, U.S. importers are consistently 

reminded that the factory owners always 

have a better customer that they will do 

business with. There is always a better 

price that can be negotiated. Unless U.S. 

retailers and wholesalers have someone 

on staff who can speak the language, the 

transaction will not be favorable. The 

foreign factories and manufacturers will 

take every advantage they can. 

Once the prices are negotiated and the 

product produced, the product must be 

tested locally. Otherwise, the products 

may not be sellable and the quantity 

ordered will not be what has been received. 

Testing is another cost of doing business, 

and often factories will negotiate to pay 

for the testing with money under the 

table. If an importer orders sheets with a 

500-thread count and receives them at 

350-thread count, that’s part of the deal. 

Fewer factories and significant discounts 

will inevitably lead to fewer retailers 

because the margins are disappearing. 

Price reduction is the name of the game 

and everyone seems to be squeezing the 

last dime out of a transaction. 

One U.S. distributor and internet 

retailer of Chinese goods indicates that 

Chinese manufacturers are now developing 

their own brands and selling them to 

the local market in China instead of very 

low margin exports. They’re trying to free 

themselves from dependence on the U.S. 

One CEO observed that governmentowned 

factories are expanding and buying 

up private factories hurting for cash. 

6 July 2009

Another manufacturer and importer 

of clothing indicates that there have been 

recent significant price increases and a 

dramatic loss of business with Chinese 

factories. There is a significant tension 

between labor and management. It is 

harder to do business and compete with 

the rising prices and constant battles to 

lower margins. In addition, there are new 

labor laws in China that provide for greater 

worker protection that increase costs. 

India 

Times are different in India as well. A 

mill routinely would have 100 to 120 

employees, working eight hours a day, 

often six or seven days a week, and with 

more than one shift. Employees are now 

reduced to a single shift, six hours per 

day, perhaps five days a week. Weekend 

work no longer exists. 

India has an excellent business relationship 

with the U.S., in large part because 

there is a comfort level dealing with a 

population that is generally English speaking. 

The Indian middle class is expanding 

at a rate that the U.S. can only envy. A 

U.S. executive states that the Indian 

population is enamored with President 

Obama. They love his demeanor and 

knowledge. In addition, under President 

Obama, H-1B visas have opened up 

significantly. Indian mills are now opening 

up retail stores, which encourage even 

more business. 

Current Trends 

• Much of the changes in the Far East 

emanate from U.S. shopping habits and poor 

economy. Macy’s and Nordstrom’s customers 

are now frequenting Ross. The same merchandise 

can be purchased at all three stores, but at 

a substantial discount at Ross. 

• U.S. importers now have pirates on their 

radar. Importers and manufacturers are calling 

their insurance carriers to determine the cost of 

new insurance premiums as a result of Somalia 

pirate activities. 

• The Department of Homeland Security 

has cost consumers dearly with respect to importing 

goods. Once ships dock in the U.S., the 

imported goods pass through the checkpoint 

system at each port for an intensive inspection. u 

Elder Law is 

Alzheimer’s 

Planning 

“A unique and effective style - 

a great mediator” 

Please note 

new Address! 


The average survival rate is eight years after being 

diagnosed with Alzheimer’s — some live as few as 

three years after diagnosis, while others live as long 

as 20. Most people with Alzheimer’s don’t die from 

the disease itself, but from pneumonia, a urinary 

tract infection or complications from a fall. 

Until there’s a cure, people with the disease will 

need caregiving and legal advice. According to the 

Alzheimer’s Association, approximately one in ten 

families has a relative with this disease. Of the 

four million people living in the U.S. with 

Alzheimer’s disease, the majority live at home — 

often receiving care from family members. 

If the diagnosis is Alzheimer’s, 

call elder law attorney 

Michael J. Young 

Estate Planning, Disability, Medi-Cal, 

Long-term Care & VA Planning 

Protect your loved ones, home and independence. 

n 

925.256.0298 

www.YoungElderLaw.com 

1931 San Miguel Drive, Suite 220 

Walnut Creek, California 94596 

and Mediation Center 

Ron Mullin 

Willows Office Park p 1355 Willow Way, Suite 110 

Concord, California 94520 

Telephone (925) 798-3413 p Facsimile (925) 798-3118 

Email ronald@mullinlaw.com 


The Law Offices of David M. Lederman 

David M. Lederman 

Certified Family Law Specialist 

State Bar Board of Legal Specialization 

Tom Smith 

Associate Attorney 

Practicing exclusively in all aspects of Family Law 

in Walnut Creek and Antioch 

3432 Hillcrest Avenue • Suite 100 • Antioch, California 94531 

309 Lennon Lane • Suite 102 • Walnut Creek, California 94598 

Phone 925.522-8889 • Fax 925.522-8877 

www.ledermanlaw.net 

Walnut Creek 925.210.8984 

Oakland 510.251.3808 

San Francisco 415.249.0348 

Sacramento 916.648.2672 

Business Escrow Services at 

Mechanics Bank. 

Mechanics Bank Business Escrow Services 

Department offers a wide range of escrow 

services for attorneys. We are the experienced, 

neutral third party you need to manage your 

client’s business transactions in accordance 

with the terms of the escrow agreement. Call 

us today to learn how we can help you with: 

• Stock Transfers and Merger Acquisitions 

• Subscription Offerings 

• Professional Practice Sales 

• Holding Escrows 

• Bulk Sales 

• Depository for 1031 Exchanges 

The goods then go offsite where they are theoretically 

inspected again. Importers complain 

that pilferage is a fact of life. The goods are 

eventually available for distribution 7 to 14 

days after arrival. 

• The present overabundance of product will 

impact the 2009 holiday season. Because of high 

inventory and unsold merchandise, these goods 

will be discounted and sold for the holidays. 

Anyone who is interested in doing business 

throughout the world should look at 

internet resources from the World Bank, 

which can be found at www.worldbank. 

org. With respect to doing business in 

China, for example, it is a formidable entity 

for global business. The world is indeed 

flat. China (with a population of 1.3 billion) 

is 83 out of 181 world economies in the 

ease of doing business. It’s in the bottom 

quarter percentile for starting a business 

and near last in dealing with construction 

permits. China is in the bottom half of the 

world economies with respect to employing 

workers. To start a business in China, 

for example, it normally takes about 40 

days, including 14 procedures from obtaining 

notice of pre-approval of the company 

name to registering with the social welfare 

insurance center. Construction permits 

normally take 336 days and require 37 

steps from requesting and obtaining 

approval of the project proposal from the 

Municipal Development and Reform 

Commission to review of construction 

drawings by Shanghai Police and Traffic 

Police General Team. Terminated employees 

in China receive an average of 91 weeks 

of severance pay. 

It was not many years ago when a 

Contra Costa County law firm thought it 

was a big deal to transact business “out 

of county.” It’s a new day. China, Vietnam, 

Cambodia, Thailand, India and Pakistan 

are certainly “out of county.” u 

www.mechanicsbank.com 

MEMBER FDIC 

Business 

Banking 

Corporate 

Banking 

Wealth 

Management 

Personal 

Banking 

• Contractor Retention/Construction Contract 

• Controlled Disbursement Accounts 

— Dick Frankel is a business 

and employment attorney 

with Frankel & Goldware in 

San Ramon. The comments 

attributed in this article are 

based upon interviews with 

Frankel & Goldware clients. 

MEC 2719 Contra Costa Lawyer Mag 4.6875x4.5625_v4.indd 1 

7/31/08 7:01:04 PM 

8 July 2009

What clients are saying about 

CCCBA’s Lawyer Referral & Information Service 

Martha McQuarrie was very helpful. 

She gave me very practical advice 

about what to say in the hearing 

without simply saying, “You need to 

hire an attorney, here is my required 

retainer.” Through her advice I was 

able to negotiate an equitable settlement 

with opposing counsel. I would not hesitate 

to contact Marti directly should I 

require legal services in the future. 

Darya Druch was extremely helpful and 

was very honest; she guided me to make 

the right decision in my situation. She 

was very knowledgeable and professional! 

I was so happy with her. She really took 

the time to talk to me about all my options 

and really “cared” about my situation. I 

would and already have referred her to 

anyone who needs an attorney. 

I felt the information I received from 

Eric Samuels was very helpful. He 

really gave me a lot of information 

during my consultation. If down the 

road I need to hire an attorney for this 

matter I would definitely hire him. 

Anne-Leith Matlock was 

very helpful and if / when we 

need further help, we will 

call her. 

I thought David Timko was very helpful 

and up front with me. Even though he 

didn’t have enough information to give 

me the answer I was hoping for about my 

retirement, he did point me in the direction 

to get some answers that I needed. I 

appreciated all his help. 

I’d like to take this opportunity 

to express my most sincere appreciation 

for everything that my 

attorney did for my difficult 

and desperate situation. I am 

thankful to attorney David 

Hermelin and his secretary for being able 

to communicate with a Spanish-speaking 

client. 

Chris Arras provided me with an excellent 

letter to a troublesome tenant. 

Heather Kuratek was so helpful and 

generous with her time, knowledge and 

follow-up, and made me feel heard and 

understood. If I need an attorney in the 

future, she would be my first choice, and 

I’d recommend her. 

Andrew Shalaby was very a positive 

attorney and went out of his way to advise 

and help me with my case. I received 

information appropriate to my situation. 

I was very happy with Andrew 

Steinfeld, and I will be using 

his services at a later date. 

Thank you for your great 

services — that helped me 

immensely. 

Mr. Jon Rathjen was very 

thorough during our initial 

meeting. He made sure to 

answer all the questions I 

had. I did not feel pressure 

to finish within the half 

hour. He seemed very caring. 

u u u u u 

Why you should make referrals to CCCBA’s LRIS 

• Our LRIS is the only State Bar certified (certification #0018) and American Bar Association 

approved lawyer referral service in our county; 

• LRIS has been providing quality referrals as a public service since 1978; 

• LRIS panel attorneys are required to meet specific experience requirements as a prerequisite to joining the service; 

• Every LRIS attorney is required to carry malpractice insurance; 

• LRIS has an experienced, friendly and knowledgeable staff to assist you. 

If you have any questions or would like more information, please contact the LRIS staff at 925.686-6900. 

If you’re interested in joining the LRIS, please contact Maria Navarrete, LRIS Coordinator, at 925.370-2542 

or go to “Join the LRIS” under “Member Resources” at www.cccba.org. 


Teaching 

Law 

Overseas 

by David Elefant 

The email had been sitting in 

MY IN-box for WELL ovER a YEAR. 

Every few months I’d look at it and check 

out the website of the organization that sent 

it. An offer to teach law overseas sounded 

intriguing, but was it legitimate 

The email was from the Center for 

International Legal Studies (CILS), a nonprofit 

based in Salzburg, Austria. CILS 

sponsors a variety of educational programs, 

one of which is their Senior Lawyers 

Program, which places U.S. attorneys in 

eastern European law schools. I was hesitant, 

so I contacted some CILS alumni. 

After receiving such enthusiastic responses, 

I submitted an application. The short 

appli cation listed all the countries in which 

CILS had participating universities, and 

asked to which countries I would not want 

to be assigned, as well as whether I had 

ancestral ties to any eastern European 

country. The minimum commitment is 

two weeks; most participants stay three 

to four weeks or longer. 

In May of last year, following an interview 

in San Francisco, I was accepted into 

the program. Shortly thereafter, I received 

notification that I was assigned to the 

University of Debrecen in Hungary. I had 

never heard of Debrecen. From a quick 

internet check, however, I learned it is the 

second largest city in Hungary, about 

three hours east of Budapest; very close 

to the Romanian border. 

Before leaving for the teaching assignment, 

all participants attend a mandatory 

week-long orientation in Salzburg. The 

week was like going back to college, but 

with no pressure. We attended class five 

hours a day and it was a joy. Lectures 

covered a variety of topics, including 

teaching techniques for eastern European 

students, comparative legal systems, 

eastern European judicial systems, the 

European Union (EU), as well as the 

nuts and bolts of going overseas to teach. 

One afternoon, we even had a video link 

with universities in Poland, Latvia and 

Hungary where we could speak directly 

with students and faculty. The venue for 

the orientation was the “Schloss [German 

for castle] Leopoldskron,” which looks 

out to a beautiful lake with the Austrian 

Alps in the background. In fact, it was 

the setting for the 1960s movie, Sound of 

Music. One of the most enjoyable aspects 

of the program was the opportunity to 

get to know other attorneys from all over 

the U.S. who shared a love of teaching 

and travel. 

When I eventually arrived in Debrecen 

(via Chicago, Amsterdam, Frankfurt and 

Budapest), I was greeted at my apartment 

by one of the law school faculty members. 

Participating attorneys do not receive 

any monetary compensation for teaching, 

although the University provides an 

apartment and some of the meals. The 

following day was a free day to get oriented, 

and after spending the morning finishing 

up my lecture notes for the next day, I 

met two of my students who had volunteered 

to show me around. Both were 

fifth-year law students (law school in 

Hungary is a five-year program that 

combines undergraduate and graduate 

work followed by a three-year internship). 

They both enjoyed practicing their 

English with a native speaker and laughed 

at my feeble attempts to pronounce 

Hungarian words. 

While Debrecen is the second largest 

city, it only has 225,000 inhabitants, and 

is an attractive and very livable city. Many 

Hungarians I met outside of the University 

did not speak English, though most 

connected with the University were 

bilingual if not trilingual. Many age 50 

and over speak Russian as a second language; 

those in their 30s and 40s often 

speak German as a second language, 

whereas those in their 20s and younger 

speak English. 

10 July 2009

All of my students had a basic understanding 

of English; a few were fluent, 

often the result of having spent some time 

in England. None had ever visited the 

U.S. To break the ice, I started my first 

lecture by placing maps of the U.S. and 

California on the wall. The students were 

shocked when I told them the population 

of our state, as Hungary’s entire population 

is about 10 million. When asked what 

they knew about California, they were all 

familiar with San Francisco (most had seen 

“The Rock”) and Los Angeles (Hollywood 

and Disneyland) — and got a kick out of 

knowing who our Governor is. 

All of my lectures were in English; I 

spoke slowly and whenever I used an 

unfamiliar word or technical term, one 

of the fluent students would look it up 

and then translate for the rest of the class. 

Instructors and their host university 

jointly determine the subject matter of 

the lectures. I divided my lectures into 

two broad areas: the first, a general overview 

of our system of government, rule 

of law, Constitution, separation of powers, 

and the state and federal judicial systems; 

the second was focused on U.S. business 

organizations. I had a detailed PowerPoint 

presentation to accompany the lectures, 

which helped those less proficient in 

English to follow along. 

Outside of class, I was guided around 

town and shared a number of meals with 

some of my students. I learned as much 

from them as they did from me. I was in 

Debrecen in late September and early 

October of last year, so the hot topics of 

conversation were the U.S. election and 

the financial meltdown. Students were 

curious about life in America and whether 

what they saw in the movies was accurate. 

Since they were all students of the law, 

we talked about a wide range of legal 

topics, including the death penalty (which 

has been eliminated in the EU) and the 

fascinating concept of equal protection. 

We discussed the recent gay marriage case 

in California and what might happen 

under the full faith and credit clause when 

a gay couple from California moves to 

another state. Several EU member nations 

(Spain and Holland, for example) recog- u 

COST EFFECTIVE DISPUTE RESOLUTION 

Hon. 

Alfred 

Chiantelli 

(Ret.) 

Hon. 

M.O. 

Sabraw 

(Ret.) 

Hon. 

Richard 

Flier 

(Ret.) 

Hon. 

Douglas 

Swager 

(Ret.) 

Dorene Kanoh, VP 

50 Fremont St., Ste. 2110 

San Francisco, CA 94105 

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Hon. 

Richard 

Hodge 

(Ret.) 

Michael 

Carbone, 

Esq. 

Hon. 

Joanne 

Parrilli 

(Ret.) 

Eric 

Ivary, 

Esq. 

Hon. 

Bonnie 

Sabraw 

(Ret.) 

Michael 

McCabe, 

Esq. 

tel 415.772.0900 

fax 415.772.0960 

www.adrservices.org 


nize gay marriage, whereas Hungary does 

not — so the issue had relevance to 

Hungarian students. Many had an 

impressive understanding of the U.S. legal 

system, including our Supreme Court and 

some of its more notable decisions. 

One morning, my host arranged for a 

tour of the local circuit court and meeting 

with some of the judges. The courthouse 

is a three-story red brick building, completed 

just a few years ago. Its exterior 

seems to be a frequent subject of dis cussion 

(most of it critical), however, the interior 

is spectacular. The deputy chief judge took 

us on a 45-minute tour of the courthouse, 

with frequent stops to discuss Hungarian 

and U.S. law. She didn’t speak any English, 

so my university host served double duty 

as translator. One of the most interesting 

rooms was the one from which witnesses 

in criminal cases — whose identity was 

being protected — would testify. Apparently, 

the witness can be seen on a closedcircuit 

TV monitor. Only the judge can 

see the witness and the witness’ voice is 

modified so s/he can’t be identified. I 

explained that in the U.S., a criminal 

defendant has the right to confront and 

cross examine the witnesses against him 

or her. This led to a discussion of the witness 

protection program, of which they 

were familiar thanks to Hollywood. 

Another significant difference between 

our systems: if a criminal defendant is 

acquitted, in Hungary the prosecution 

has the right to appeal (there are no juries 

in Hungary). There are five courtrooms 

on the ground floor, each with hardwood 

walls and flooring, with quotes from the 

Hungarian constitution in metal inlay 

along the walls. 

Following the tour, the chief judge 

invited all of us into her spacious chambers 

for conversation, snacks and drinks. We 

continued discussing differences in our legal 

systems, but the conversation eventually 

turned to my impressions of Debrecen 

and the extension of an invitation to 

return. I had brought a box of candy and 

the judges presented me with a beautiful 

picture book of Debrecen. 

Each host university has a faculty 

member affiliated with CILS, and I was 

extremely fortunate to have the very best 

in the entire program. Between classes 

and on weekends, he was a wonderful host 

and tour guide. We visited different 

regions in eastern Hungary, border cities 

in both Romania and Slovakia, and enjoyed 

a wonderful weekend in Budapest. And 

thanks to Skype, we’ve maintained frequent 

contact. 

I plan to remain active in CILS and 

seek another assignment next year. u 

David J. Elefant practices 

estate planning, probate 

and trust administration 

in Walnut Creek. He serves 

as a co-chair of CCCBA’s 

Conservatorship/Probate/ 

Trust Section. 

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12 July 2009

The CCCBA Rallies to Raise Funds for the Food Bank 

by Ed Shaffer of Archer Norris, Chair of the Food From The Bar Committee 

The CCCBA is pleased to announce the results of this year’s Food From The Bar fundraiser for the Food Bank of Contra Costa and Solano. In May, 42 law offices 

donated $75,000 and collected 3,700 pounds of food. Each dollar contributed can buy enough food for three meals. The CCCBA and Food Bank are especially 

pleased by this year’s totals, given the economic conditions. • More than 200 attorneys and guests attended Res Ipsa Jokuitur, the comedy night at Back Forty 

Texas BBQ, where they enjoyed a barbecued buffet dinner and were entertained by Deb & Mike and well-known political satirist Will Durst. As a special treat, 

Associate Justice Maria Rivera of the California First District Court of Appeal served as MC. • This marks the 17th annual Food From The Bar, and the 14 th Res Ipsa 

Jokuitur. Over the years, county attorneys have donated $740,000 and 52 tons of food, making the Bar Association one of the Food Bank’s largest supporters. 

As a way to encourage competition and stimulate donations, the Bar declares winners in five categories based on highest per-capita contribution. 

The winners for 2009 are: 

Lyon & Quintero 

West County 

Law Offices of Suzanne Boucher 

1-10 employees 

Bramson, Plutzik, Mahler & Birkhaeuser 


Bowles & Verna 


Archer Norris 

51+ employees 

Creative fundraising efforts included a rock-band contest, wine tasting, walk-a-thon, ice cream social, and miniature golf through the office. 

Attorneys also solicited donations from vendors, restaurants and other businesses, who gave goods and services that were auctioned or raffled. 

Members of the Food From The Bar Committee 

Renee Baptiste Food Bank of Contra Costa & Solano 

Dan Birkhaeuser Bramson, Plutzik, Mahler & Birkhaeuser 

Suzanne Boucher Law Office of Suzanne Boucher 

Chad Gallagher Miller Starr Regalia 

Barbara Jewell Gagen, McCoy, McMahon, Koss, Markowitz & Raines 

Michelle Moore Morrison & Foerster 

Adriana Quintero Lyon & Quintero 

Lisa Reep Contra Costa County Bar Association 

Lisa Roberts McNamara, Dodge, Ney, Beatty, Slattery, 

Pfalzer, Borges & Brothers 

Ed Shaffer (Chair), Archer Norris 

Monica Sloboda Morgan Miller Blair 

Geoffrey Steele Nevin, Ramos & Steele 

Heidi Timken Timken Johnson Hwang 

Businesses Donating Goods, Services or Cash for the 2009 Food From The Bar Fundraiser 

Benefiting the Food Bank of Contra Costa and Solano (partial list) 

AAA Business Supplies & Interiors 

Access Information Management 

Ace Hardware, Martinez 

Aiken & Welch, Inc. 

Associated Printing Service 

Atkinson Baker Avon 

Back Forty Texas BBQ 

Bing Crosby’s 

Budweiser 

Buck Stove Spa & Fan Center 

Buckhorn Grill 

Caffè California 

Canihan Family Wines 

Chili’s Grill & Bar 

Clayton Books 

Cline Cellars 

Collage Hair Salon 

CompuLaw 

Computer Sales & Service 

Contra Costa County Bar Association 

Copy Mat 

Cor-O-Van 

Courtcall LLC 

Danville Cigar 

Danville Rotary 

Diablo Country Club 

Diablo Creek Golf Course 

Diablo Hills Golf Course 

Diablo View Cleaning 

Dog Bone Alley 

Dragon 2000 

East Bay Florist/Flowers 

Entourage Spa 

Julia Estigoy (massage therapist) 

Excel Roofing Service 

First Republic Bank 

Food for Thought Catering 

Forbes Mill Steakhouse 

Forma Gym 

Andrea Fohrman (jewelry artist) 

Fusion 3 Salon/Spa 

Gilardi & Co. 

Golden Gate Reporting, Inc. 

Golf Professional 

Granshaw Florist 

Great America 

Headways (Michelle Christensen) 

Heritage Bank 

Ikon 

The Innisfree Companies 

Its It 

La Buena Vida 

La Fogata Restaurant 

Lark Creek 

Kelly Link: The Plant Lady 

Lolonis Winery 

Kinder’s 

Madrona Vineyards 

Maggieray’s Barbeque 

Mary Francis Purses 

Mary Kay 

Massimo Ristorante 

Mecca Restaurant 

The Mechanics Bank 

Merrill Corporation (office services) 

North Main Pet Lodge 

The Omni Hotel, San Francisco 

O’Sullivan’s Cigar Bar & Lounge 

The Paint Palette 

Petco 

Pyramid Alehouse and Brewing Company 

Rabbit Office Automation 

The Recorder 

Dianne Reed (masseuse) 

Rocco’s Pizza 

Safeway, Alamo 

Sage Boutique 

St. Clement Vineyards 

Saylor & Hill Company (insurance) 

Scott Valley Bank 

Scott’s Seafood 

See Spot Stay (Barbara Dwyer) 

Sierra Office Supply & Printing 

Silkwood Winery 

Smith Trim, Inc. 

Stanford’s Restaurant, Walnut Creek 

Starbucks Coffee 

Sundance Vending Machine 

Tahoe Joe’s Restaurant, Pleasant Hill 

Touchstone Legal 

UC Berkeley 

The Ultimate Touch (Debbie Gheller) 

Union Bank 

Vesi Hair Design 

The W Hotel, San Francisco 

Walnut Creek Yacht Club 

Wags & Whiskers 

Water World USA 

Wealth Management Consultants, Inc. 

Wells Fargo Bank 

Westlaw 

Workspace Resources 

Yellow Wood Coffee Shop 

Yoga Works (Heather Cole) 


Question man 

What’s the role of immigration 

on the U.S. economy 

Our economy suffers without 

the contributions of the legal 

and illegal immigrants who 

come here to work hard and 

better their lives. For those 

immigrants, it is not a question 

of entitlements as it is with so many of our 

citizens. Anyone who thinks negatively 

about the impact of immigrants utilizing 

government services to which they are not 

entitled, the negative is overwhelmingly 

outweighed by the positive. 

A. G. Ashe 

Law Office of Anthony Guy Ashe 

I am an immigrant [from Canada] 

and I think I spend a lot of money 

in the US economy. That aside, I 

believe immigrants bring a touchstone 

of variety and culture to our 

economy and our nation unlike 

anything else we do. We are who we are 

as a culture and a nation because of immigration. 

Every person and every family in 

this country derive from immigrants from 

elsewhere. So, without immigration, there 

would be no economy. 

Wayne V.R. Smith 

Attorney & Mediator 

To supply our economy with the hardest 

working, most creative and highly 

motivated players from throughout the 

world. 

Joseph M. Nykodym 

Ryan & Lifter 

With America’s aging domestic workforce, 

we need skilled, educated, hard-working 

immigrants to fill our jobs and keep the 

economy running. Legal immigration is 

not a luxury — it is a necessity and a winwin 

arrangement for all. However, an 

unfettered influx of illegal immigrants 

who impact our welfare system, our 

educational system and our health care 

system create a drain on our economy. 

America, like any other country, has the 

right to control its borders. America, more 

than any other country, has the ability 

to attract the type of hardworking 

immigrants looking 

to live in a free society that 

made our country great. 

Ronald Rives 

Law Offices of Rives & Littorno 

To overrun the local organic 

economy of native Americans. 

Howard Thomas 

Mediation & Legal Services 

Immigration and the economy are far more 

intertwined than most people realize. U.S. 

employers continue to rely on undocumented 

workers both to save money and 

because they are willing to do the work. 

At the same time, we also continue to 

need skilled workers in order to compete 

in the world marketplace. Immigration 

reform will have to include ways for 

employers to retain workers necessary to 

the success of their business and to fill the 

less desirable jobs. The sad fact is that few 

American citizens care to do the “dirty” 

work and not enough are preparing for 

the complicated work. There is also the 

issue of how much money immigrants 

are injecting into the system as compared 

to the money they are using 

in the form of needed services 

that, may in fact, weigh heavily 

in favor of the former. 

Michael S. Epstein 

Lipman & Wolf, LLP 

Julie Schumer 

Certified Appellate Specialist 

Certified by the State Bar of California Board of Legal Specialization 

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925.254.3650 

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The U.S. will be able to recover 

faster with its massive and ready 

low-cost labor force. This will allow 

continued competitiveness in the 

global economy, and consumers 

will benefit from resulting lower 

prices. A sad bonus to our economy is that 

many illegal Immigrants pay Medicare, 

Social Security and other taxes yet are 

ineligible for government benefits. 

Michael D. Goforth 

Goforth & Lucas Law Offices 

It would be difficult to understate the 

impact immigration has on the U.S. 

economy. It is uncontroverted that immigrant 

labor has a net positive effect on 

the U.S. economy. A recent study by the 

Pew Hispanic Center stated that there are 

approximately 11.9 million unauthorized 

immigrants living in the United States. 

Although some argue that illegal immigrants 

take jobs from U.S. citizens and 

drive wages down overall, one of the 

most often-cited researchers on this topic, 

Harvard professor George Borjas recently 

published research concluding that the 

effect on the average wages of our U.S. 

workers from all immigrants — documented 

and undocumented — is exactly 

zero. The wisest thing our governmental 

leaders can and should do is to fashion 

a plan to allow undocumented immigrants 

to become documented, and to 

continue to contribute to the economy, 

rather than attempting to force millions 

back across the borders, all to everyone’s 

detriment. 

Patrick M. Callahan 

Burnham Brown 

Well, if you go to any restaurant, casino, 

or other public gathering place, you see 

Hispanics working for wages that other 

ethnic groups would not even 

touch — so I guess the 

answer to this question is 

that we continue to rely on 

the present situation. 

Mitch Stevens 

Law Offices of Mitchell A. Stevens 

Gratefully acknowledges our 2009 Sustaining Law Firms 

Firms with 30+ attorneys 

Archer • Norris 

McNamara, Dodge, Ney, Beatty, Slattery, Pfalzer, Borges & Brothers, LLP 

Miller Starr Regalia 

Firms with 20-29 attorneys 

Bowles & Verna, LLP 

Morgan Miller Blair 


Bingham McCutchen, LLP 

Gagen, McCoy, McMahon, Koss, Markowitz & Raines 

Greenan, Peffer, Sallander & Lally, LLP 


Bramson, Plutzik, Mahler & Birkhaeuser, LLP 

Carroll, Burdick & McDonough, LLP 

Casper, Meadows, Schwartz & Cook 

Cooper, White & Cooper, LLP 

Craddick, Candland & Conti 

Edrington, Schirmer & Murphy 

Frankel & Goldware, LLP 

Galloway, Lucchese, Everson & Picchi 

Gillin, Jacobson, Ellis & Larsen 

Littler Mendelson, PC 

Morison Ansa Holden Assuncao & Prough, LLP 

Morrison & Foerster, LLP 

Shapiro, Buchman & Provine, LLP 

Whiting, Fallon, Ross & Abel, LLP 

Youngman, Ericsson & Low, LLP 

Arlene Segal 

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Local Verdicts Guru 

has International Roots 

by Matt Guichard 

My first legal job out of law school 

was at the firm of Lars Kristensen, Kyed 

& Partners, in Odense, Denmark. It 

started as an internship as part of my 

studies in Salzburg, Austria, then turned 

into an actual job. 

The focus of my work at the law firm 

was international license agreements. I 

certainly had a grand time and learned a 

great deal about “international” law. 

Because of that experience, I realized that 

international law is simply law practiced 

across borders. In Europe, my work 

involved agreements with clients all over 

the map. Just imagine how limited a 

practice would be if limited to agreements 

in Denmark alone. 

After what was to be a brief stint at the 

Contra Costa County District Attorney’s 

Office (to learn trial work), I was interviewed 

by a number of big San Francisco 

firms interested in my trial experience. At 

one of those interviews, I proudly stated 

my European experience and my desire 

to get back to practicing international 

law. Much to my surprise, I was told at 

more than one of those big firms, “We 

don’t do that kind of law.” 

Those firms did contract law, business 

law, banking law, arbitrations, license 

agreements, franchise agreements, and 

any number of other areas of law. And of 

course they did international law — they 

just didn’t know it. 

In the mid 1990s, while running the 

Sacramento office of a Bay Area law firm, 

I was chairman of the International Law 

Section of the Sacramento County Bar 

Association. I regularly wrote articles on 

international law. I recall quite clearly 

stating that the world was a smaller place 

and the practice of law would require a 

functional understanding of the law and 

legal procedure in a number of jurisdictions 

other than California. Certainly we 

have worked with clients, adversaries and 

laws of other states in our country. In fact, 

in many product liability matters, out-ofstate 

manufacturers are regularly brought 

into the California courts, and many of 

our state businesses must appear in courts 

throughout the United States. 

So it is with matters involving international 

companies and laws. Foreign 

manufacturers bring products into our 

state. Foreign companies enter into contracts 

with California companies. H1B 

visas are required for many companies to 

attract talent, and so on. 

Our firm, for example, has clients in 

China, Taiwan, Canada, Mexico and many 

other countries. In order to service those 

clients, we must become familiar with the 

law of those countries and the laws of the 

countries with which they do business. It 

helps to have multi-lingual lawyers. But 

it is not required that a California lawyer 

be fluent in the language of an international 

client. I am a member of the International 

Bar Association, and almost all the experience 

I have had with that organization 

requires a working knowledge of English. 

In fact every international legal conference 

I have attended is run in English. 

A very big difference in the actual 

resolution of legal disputes, between the 

states and foreign entities, is the use of 

arbitration. Additionally, the jury trial is 

unheard of in most matters, even here in 

the States. Most contracts between international 

clients require arbitration. There 

is a very seasoned and sophisticated process 

for the arbitration of international 

commercial disputes. The United Nations 

Conference on International Commercial 

Arbitration at the 1958 Convention on 

the Recognition and Enforcement of 

Foreign Arbitral Awards produced a 

document that forms the foundation for 

arbitration as the vehicle for resolution of 

many legal disputes. That document is 

readily available, and I will be happy to 

e-mail it to any of you. 

In June of 2006, I appeared at the CILS 

International Arbitration and Mediation 

Conference in Salzburg, Austria. I presented 

a paper entitled, “Enforcement of a Mediated 

Settlement Agreement, ‘Pitfalls and Practicalities.’” 

That conference brought together 

lawyers from all over the world to discuss 

issues related to international disputes. 

At any rate, I could go on and on 

discussing the challenges, the fun and the 

satisfaction of practicing international law. 

But I won’t in the limited space of this 

article. I will, however, close by recommending 

that each of you examine your 

own legal practice, and perhaps realize 

you do practice some form of international 

law. And perhaps it is time, if we have the 

interest, to form our own International 

Law Section to the CCCBA. u 

— Matthew P. Guichard is a principal in 

Guichard, Teng & Portello, APC. GTP has 

a well-rounded blend of attorneys with experience 

and expertise in many areas of the law. 

In addition to English, attorneys and staff are 

fluent in the Spanish, Mandarin, Cantonese 

and Taiwanese languages. 

16 July 2009

Annual Call for 

Board of Directors’ Nominations! 

Do you want to be a leader within our legal community, but are unsure 

of what it takes to be a Director on the Contra Costa County Bar 

Association Board 

The Board is looking for candidates who agree to meet the following 

expectations: 

• To possess (or acquire) a basic understanding of the Bar Association 

and its activities 

• To commit to the mission and values of the Association 

• To represent the Association in a manner consistent with Board 

decisions 

• To prepare for and regularly attend monthly Board meetings 

• To attend additional meetings and bar-sponsored events as needed 

• To participate on at least one committee or taskforce 

• To participate in the annual Board Orientation and Training 

program 

Directors are selected for their experiences and personal attributes. 

Active participation on a CCCBA committee or section leadership is 

a plus. 

Nominations Process: To be eligible, nominees must be active attorney 

members of the Association. For purposes of the Association’s annual 

election, nominations for Directors shall be made by the Directors’ 

Nominating Committee at the regular October Board meeting, for 

approval by the Board. The Board may accept or reject any or all of the 

Committee’s nominations. The Board’s decision on the candidates for 

election as Directors may be supplemented by additional nominations 

made in writing by any member and seconded by four members of the 

Association, with the concurrence of the nominee, by September 30. 

If you are interested in serving on the 2010 Board of Directors (or to fill 

an existing vacancy), please submit your written nomination as outlined 

above to: 

Lisa Reep, Executive Director 

704 Main Street 

Martinez, CA 94553 

(email: lgreep@cccba.org) 

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This Call May Be Monitored 

by David Briggs 

You’RE woRKING IN your oFFICE 

one afternoon when you get a call from a 

current client, the husband in a divorce case. 

The divorce is hotly contested, and both 

spouses have been threatened with sanctions 

based on their behavior during the case. 

Your client tells you he has been 

arrested and is being held at the Contra 

Costa County jail in Martinez. He says 

his wife called the police when he went 

to her home, and that he is being charged 

with spousal battery and terrorist threats. 

He says, “I have to tell you what happened; 

you won’t believe it.” 

What should you do 

A. Continue the conversation, because 

you need to gather as much information 

as possible about this development, as 

soon as possible. 

B. Terminate the conversation, get in your 

car, and drive directly to the Martinez jail. 

Interview your client as soon as possible 

after arriving at the jail. 

C. Advise your client not to talk to anybody 

about the case, to make bail, and to arrange 

for a consultation with you in your office 

after he is released from custody. 

As so often happens in the practice of 

law, the correct answer is: it depends on 

the circumstances. More specifically, it 

depends on whether you have previously 

sent a letter on your letterhead to Ernesto 

Lara, Custody Services Bureau, Main Detention 

Facility, 1000 Ward Street, Martinez, 

CA 94553, asking that your telephone 

number be entered in the jail’s computer 

system as an attorney phone number. 

What You don’t practice criminal law, 

so you have never communicated with 

anybody at the jail about anything Then 

you should probably not choose option 

A, continuing the telephone conversation. 

Here is why: All telephone phone calls from 

inmates at all Contra Costa County jails are 

handled by Global Tel*Link (GTL), a computer 

software vendor that has contracts with 

detention facilities throughout the United 

States. The GTL software automatically records 

all inmate telephone calls and allows real time 

monitoring of any call. The District Attorney 

has unrestricted access to these recordings. 

Interpreting Penal Code Section 2600, 

Donaldson v. Superior Court (1983) 35 Cal. 

3d 24, and its progeny hold that jail 

inmates do not have a right to make 

private telephone calls. 

However, Penal Code §851.5 grants 

arrested persons the right to three telephone 

calls immediately after being 

booked. One or more of these calls can 

be made to “an attorney of his or her 

choice” [Penal Code §851.5(a)], in which 

case, “this telephone call shall not be 

monitored, eavesdropped upon, or 

recorded.” [Penal Code §851.5(b)(1).] 

The Contra Costa County Sheriff and 

GTL have recognized the requirements 

of this statute by providing that, upon 

written request, any attorney may have 

one or more telephone numbers excluded 

from monitoring and recording. The 

Public Defender, Alternate Defender’s 

Office, the Criminal Conflict Program of 

the Contra Costa County Bar Association, 

and many private criminal defense attorneys 

have used this procedure. 

Of course, a person who was just arrested 

may not want to call the Public Defender 

or a private criminal defense attorney. Your 

divorce client already has a relationship 

with you, and the arrest appears to be 

closely related to the divorce case, so he is 

making a rational choice in deciding to call 

you from the jail. Even an irrational person 

with no existing connection to any attorney 

is entitled to make calls to “an attorney of 

his or her choice.” 

In this writer’s opinion, the Sheriff and 

GTL routinely violate Penal Code §851.5 

by recording phone calls to attorneys from 

recently booked inmates. In doing so, they 

violate the Federal anti-wiretapping law 

[18 United States Code §2511], the right 

to counsel under the Sixth Amendment, 

and tortiously invade the attorney-client 

privilege. 

However, you are not interested in 

filing a class action lawsuit on behalf of 

all attorneys who have been — or who 

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might someday be — the recipient of a 

phone call from an inmate, or on behalf 

of the inmates who make these calls. You 

just want to help your divorce client. 

It is almost never a good idea to allow 

your client to make incriminating statements 

that are not protected by the 

attorney-client privilege. If you have not 

taken the steps to prevent recording of 

your telephone conversation with your 

recently arrested client, you should assume 

it is being recorded and that the attorneyclient 

privilege does not apply. In fact, 

if you listen carefully to the recorded 

message at the beginning of the call, you 

will hear an advisement that “this call 

may be monitored or recorded.” 

By continuing a telephone call after 

hearing this advisement, you and your 

client impliedly consent to the call being 

monitored or recorded [People v. Windham 

(2006) 145 Cal.App.4th 881, 887]. Your 

client’s consent operates as a waiver of the 

attorney-client privilege [Evidence Code 

section 952]. 

In this case, you should probably 

terminate your telephone call with your 

client. You will then have to decide whether 

to drive to Martinez for an emergency 

consultation. Be aware that this conversation 

will likely be held in a “non-contact” 

visiting room, with little or no soundproofing 

to prevent your client’s statements 

from being overheard by jail personnel, or 

your own statements from being overheard 

by people in the jail lobby. More private, 

“contact” visits require the inmate to have 

been assigned to a jail module, which takes 

several hours at least. 

If your client can make bail, his best 

opportunity for a full and frank discussion 

of the circumstances of his arrest will be 

in the comfort of your own office, after 

your client has a good night’s sleep in his 

own bed. u 

— David Briggs is the 

Director of the Criminal 

Conflict Program in Martinez. 

He can be reached at 

attorneybriggs@sbcglobal. 

net or 925.229.4410. 

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www.scottvalleybank.com 

WALNUT CREEK 1500 N. California Blvd. • 925.944.0180 

Oakland , 1111 Broadway, 510.625.7850 • Santa Clara • 5201 Great America Pkwy., 408.653.1200 

Roger F. Allen 

510.832-7770 

Ericksen, Arbuthnot, Kilduff, 

Day & Lindstrom, Inc. 

155 Grand Avenue, Suite 1050 

Oakland, CA 94612 

rallen@eakdl.com 

Take advantage of one of the many 

CCCBA membership benefits! 

Northern California 

Mediator / Arbitrator 

11 years as Mediator 

20 years as Arbitrator 

28 years in Civil Practice 

• Training includes Mediation Course at 

Pepperdine University 1995 

• Serving on Kaiser Medical Malpractice 

Neutral Arbitrators Panel 

• Settlement Commissioner, Alameda and 

Contra Costa Counties 

• Pro Tem Judge, Small Claims, 

Alameda County 

• Experienced in all areas of Tort Litigation, 

including injury, property damage, fire loss, 

malpractice, construction defect 

To schedule an appointment with 

a CCCBA notary, please call 

Barbara Tillson, (925) 370-2544 

704 Main Street • Martinez 

Free Notary Services 


ethics corner 

by Carol M. Langford 

While sitting in the office the other day, 

I was wondering whether there has been 

an increase in legal malpractice complaints 

and/or disciplinary matters since the 

economy has soured. So, I asked some 

colleagues across the United States if the 

slowing economy has resulted in more 

cases, and if so, whether they see any 

trends in their cases that they can pass on 

to my Contra Costa readers. In taking 

stock of my own case files to see if I could 

discern any red flags, the following is what 

was discovered. 

First, clients are wrangling over fees 

more than they have in many years. They 

are demanding fee refunds, even for work 

done well. Worse yet, a client may add a 

threat to file a complaint with the State 

Bar to gain leverage over the lawyer. The 

lawyer knows that s/he can’t do anything 

that would smack of limiting the client’s 

right to file a Bar complaint and s/he 

would rather pay the client some money 

rather than go through the State Bar 

process. It’s no surprise that clients who 

do this are often out of jobs, broke and 

just smart enough to put the fee demand 

in writing. 

Second, I am also getting an increased 

amount of legal malpractice calls. Usually 

clients indicate that their lawyer mishandled 

the case in one form or another. 

However, when pressed as to damages, 

they usually cannot come up with a claim 

over $100,000. A contingency fee on that 

amount is not usually enough of an incentive 

for the legal malpractice lawyer to take 

the case. Here is why: take the best case 

scenario — in this case, $100,000 — and 

divide it in half since you rarely get the 

“best case.” Then count on having to litigate 

it for a year and then go to trial. Add into 

that the inevitable statute of limitations 

defenses, the proximate cause and damage 

problems, and your knowledge that the 

client will never, ever feel compensated 

for all of his / her misery. As you can see, 

that takes out the via bility of representation 

in many legal malpractice cases. 

Third, clients are seeking fee refunds 

and/or threatening a legal malpractice 

case in matters in which the lawyer did 

not win the case, regardless of the reason. 

We all know that a loss is not necessarily 

an indication of any malfeasance; someone’s 

got to lose a trial. But nowadays 

clients are looking for a buck wherever 

they can find one. 

Last, there’s an increase in lawyers 

who are lending clients living expenses 

to get them through a rough economy. 

Rule 4-210 governs such lending and 

allows lending if: 1) the loan for personal 

or business expenses is to be paid back 

out of funds collected at the end of the 

liti gation; 2) after employment, from 

lending money to the client upon the 

client’s written promise to repay; or 3) 

from advancing costs of prosecuting or 

defending a claim or otherwise promoting 

the client’s interests, the repayment 

of which may be contingent on the outcome 

of the matter. The costs under 

paragraph three must be limited to all 

reasonable expenses of litigation or preparing 

for litigation. Lawyers usually get 

in trouble if they charge usurious lending 

rates, pay for getting the case, or engage 

in other shenanigans not contemplated 

by the rule. 

Make sure that you have a writing for 

all conversations about fees, the status of a 

client’s case and their chances of recovery. 

Even in cases taken on a contingency have 

billing records that record time by the 

hour. That way, when the client demands 

a refund, you can show them the time you 

spent on their matter. Sometimes clients 

are just unclear on what you actually did. 

And remember the beauty of fee arbitration 

with your local bar or the State Bar. 

Fee arbitration is cheap, effective, and 

there are no damages awarded for legal 

malpractice. u 

— Carol M. Langford is a practicing lawyer 

in Walnut Creek. She specializes in State Bar 

defense work, and provides advice and representation 

in legal malpractice, attorney conduct 

and other matters. 

Please send your ethics questions to: 

Carol Langford 

100 Pringle Avenue, Suite 570 

Walnut Creek CA 94596 

langford@usfca.edu 

(If your question is answered in a future column, 

your name/firm name will be omitted.) 

20 July 2009

new members 

Mark V. Murphy 

L. Robin Chang 

Archer Norris 

925.930-6600 

Monika L. Cooper 

Office of the County Counsel 

925.335-1885 

Chip Cox 

Greenan, Peffer, Sallander & Lally 

925.866-1000 

Mary E. Gannon-McMurry 

1160 Blue Spur Circle 

925.736-2414 

Lubna K. Jahangiri 

Law Offices of Lubna K. Jahangiri 

925.359-3233 

Paul B. Justi 

Law Offices of Paul B. Justi 

925.256-7900 

Cassandra C. Massey 

Law Offices of Peter G. Loewenstein 

925.256-3300 

Michelle Regalia McGrath 

U.S. Postal Services, Law Department 

415.775-5216 

Mary Nawabi 

J. Rockcliff Realtors, Inc. 

925.408-7647 

Shelley C. Nelson 

McDowell & Shaw 

925.210-1300 

Anthony D. Prince 

Law Office of Anthony D. Prince 

510.845-5475 

Cheryl A. Smith 

Law Office of Cheryl A. Smith 

510.537-5990 

Personal Injury 

Referrals Requested 

Over 25 years experience 

representing injury victims. 

Practice dedicated solely to 

Personal Injury. 

Each client given prompt, 

courteous attention. 

Antioch and 

San Ramon Offices 

925.552.9900 

Jenny M. Kim 

Watson, Hoffe & Hass 

510.237-3700 

Grace Lee 

Archer Norris 

925.930-6600 

Cecilia G. Mason 

Ca. Licensed Professional Fiduciary 

925.309-4066 

Kime H. Smith 

Archer Norris 

925.930-6600 

Lewis J. Soffer 

Miller Starr Regalia 

925.935-9400 

Chelsey T. Westfall 

Bowles & Verna, LLP 

925.935-3300 

Attorney Counseling Evenings 

The CCCBA offers ACE Nights in various subject matters, such as family, landlord/tenant 

and immigration law. The programs are only two hours in length. 

They have been an invaluable service to the community — and the feedback 

received has been fantastic! 

If you’re interested in volunteering for an upcoming ACE Night, contact CCCBA’s 

Michele Vasta at 925.370-2548 or mvasta@cccba.org. 

Glenn & Dawson LLP 

Certified Public Accountants 

Donald A. Glenn CPA, ABV, CVA, CFE 

Leslie O. Dawson CPA, ABV, CVA 

Specializing in 

Litigation Support – family law 

Business Valuations 

Probate and Estates 

Financial Investigations 

Audit Tax and Accounting Services 

for individuals and 

privately owned companies. 

323 Lennon Lane, First Floor 

Walnut Creek, CA 94598 

Telephone (925) 945-7722 

Facsimile (925) 932-1491 


advertisers’ index 

ADR Services, Inc.. . . . . . . . . . . . . . . . . .11 

offices 

for rent... 

contract 

attorneys... 

job 

opportunities 

... 

classifieds 

Roger F. Allen . . . . . . . . . . . . . . . . . . . . .19 

Armanino McKenna LLP . . . . . . . . . . . . .18 

Barr & Barr Attorneys. . . . . . . . . . . . . . . .23 

Diablo Valley Reporting Services . . . . . . .24 

Glenn & Dawsonj LLP . . . . . . . . . . . . . . .21 

Law Offices of Arlene Segal . . . . . . . . . . .15 

Law Offices of David M. Lederman . . . . . . .8 

Law Offices of Douglas A. Prutton . . . . . .18 

Mechanics Bank . . . . . . . . . . . . . . . . . . . .8 

Mullin Law Firm . . . . . . . . . . . . . . . . . . . .7 

Mark V. Murphy . . . . . . . . . . . . . . . . . . . .21 

Myers-Stevens-Mello & Co . . . . . . . . . . .12 

Pedder, Hesseltine, Walker & Toth, LLP. . 14,22 

Resolution Remedies. . . . . . . . . . . . . . . .17 

Julie Schumer. . . . . . . . . . . . . . . . . . . . .14 

Scott Valley Bank. . . . . . . . . . . . . . . . . . .19 

Michael J. Young. . . . . . . . . . . . . . . . . . . .7 

Youngman, Ericsson & Low, LLP . . . . . . .22 

Zandonella Reporting Service . . . . . . . . .23 

Walnut Creek Window Office 

Lease a fully furnished window office 

w/sec station and tons of amenities. On-site 

conf rooms, receptionist service, law library, 

telephone system, voice mail, notary (onsite), 

copy machines, postage machines, 

and mail-handling. Professional Class A 

bldg. w/plenty of parking, great location, 

and easy access to freeway and BART. Call 

Kristie, 925.947-0100, x224. 

Lafayette Transit Village Office Space 

Office and paralegal station in business 

law firm next to BART in Lafayette (27 

min. to Montgomery Street BART station). 

Receptionist, conf. room, parking, ground 

floor, only one block from post office and 

Lafayette’s restaurant row. Call Jim or 

Michelle at 925.284-4447. 

961 Ygnacio Valley Road, Walnut Creek 

Share building with 7 solos. One office 

available. All amenities. 925.938-2460. 

2 Conference rooms for rent 

Located near the courthouse in downtown 

Martinez (CCCBA office). Standard 

room (seats 10-12) $150 all day/$75 half 

day; Mobile room: (full - seats up to 30) $200 

all day/$100 half day; (subdivided - seats 

up to 10) $75 all day; $40 half day; both 

rooms $250 all day/$150 half day. $20 

hourly rate. Call Manny, 925.370-2549. 

Window Office – Walnut Creek 

Treat Blvd near BART. Conf room, fax, 

copier, good freeway access. Parking. What 

a deal – only $450/mo. 925.939-2544. 

Bishop Ranch Office Space 

Financial planning firm has 2 offices 

avail within suite. Rents $800 to $1000/ 

mo., shared conf. rm, recep area, kitchen. 

Great location! Call 925.866.1246. 

professional announcements 

Probate paralegal to attorneys 

Joanne C. McCarthy. 2204 Concord Blvd. 

Concord, CA 94520. Call 925.689-9244. 

Private Investigator 

Bob Bailie Investigations can help to 

find that witness and confirm facts. Over 

30 years of experience. Call 925.934-4904 

or email bailiepi@aol.com for a seasoned 

professional. Lic. #2328. Get it done right! 

To place a display or classified ad, 

call Young Design & Production at 

925.229-2929 or email young-design 

@prodigy.net. Display ads start as 

low as $80 per month while classifieds 

run as little as $36 per ad. 

Youngman, Ericsson & Low, LLP 

1981 North Broadway • Suite 300 

Walnut Creek, CA 94596 

Tax Lawyers. 

(925) 930-6000 

22 July 2009

Will & Trust Litigation 

Elder Abuse Litigation • Conservatorships 

B A R R & B A R R 

A T T O R N E Y S 

101 Gregory Lane, Suite 42 • Pleasant Hill, CA 94523-4915 • (925) 689-9944 

Edward E. Barr 

Christopher M. Moore 

Loren L. Barr* 

John Milgate, Of Counsel 

Joseph M. Morrill 

Tracey McDonald, Paralegal 

*Certified Specialist, Estate Planning, Trust and Probate Law, The State Bar of California Board of Legal Specialization

International Law - Contra Costa County Bar Association

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