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Perry A. NovakSenior Vice President - InvestmentsUBS Financial Services, Inc.2185 N. California Blvd., Suite 400Walnut Creek, CA 94596(925) 746-0245perry.novak@ubs.comubs.com/team/thenovakgroupYou know there are more questions you should be asking, butyou're not sure what they are.You want to stop procrastinating and make a decision,but you don't feel well enough informed.You know where you want to be,but you don't have a plan that will get you there.That's where we come in.The Novak Group at UBS Financial Services, Inc.Providing wealth planning and asset management services to affluentfamilies, business owners and professionals since 1983.Trusted advice, caring support, prudent financial solutions.2MAY 2013

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insideRevolutionizing LawWelcome to the brave new world of providinglegal services. In case there is anydoubt out there, let me assure you, the waylegal services are purchased, how they aredelivered, who provides them and how they are pricedis undergoing a revolution. In large part, these changesare being driven by the same forces that built SiliconValley—technological change, innovation and Americanentrepreneurship.These changes are not just a passing fad. Consider theReinvent Law Laboratory (www.reinventlaw.com),a project of Michigan State University College of Lawwhich is funded with a substantial grant from the EwingMarion Kauffman Foundation, and is dedicated toadvancing entrepreneurship and innovation. ReinventLaw recently held a day-long conferencein our own Silicon Valley (also London andDubai). Lawyers, leaders of online virtuallaw firms (such as Axiom Law and Direct-Law), journalists, venture capitalists andlaw professors presented their visions fora more efficient, online, technologicallysophisticated law industry that is fundedwith private investment. An industrywhere the billable hour is extinct, freelancersreplace associates and access to justiceis discussed in terms of online dispute resolution.This is not your grandfather’s lawpractice. Mark Ericsson explores our changingindustry, both here and abroad, in hisarticle, “Tomorrow’s Lawyer” (pg. 24).In this issue of the Contra Costa Lawyer,we take a look at how the practice of lawis advancing here in Contra Costa County. Access to justiceis a primary concern of the Contra Costa bench andbar. The severe budget cuts that our courts have sufferedhave hit close to home. We have all heard the storiesof the rising number of pro per litigants, the long waitsto file documents, the long delays for trial dates. In hisarticle, “It’s Always Darkest Before Dawn” (pg. 10), NickCasper brings light to the impact of budget cuts on ourcourts and discusses CCCBA’s efforts to reach our statelegislators to advocate for more funding. One of theresults of the budget cuts is that court reporters are nolonger provided in civil, family and probate courts. Ourthanks to Judge Flinn for explaining the rules by whichlitigants may provide their own court reporters (pg. 12).As first-year associate positions become scarce, moreyoung attorneys are hanging their shingle straight outElva HardingGuest Editorof law school. The State Bar has taken note of this development,and is considering adding a new practical skillstraining requirement before licensing new members.Dick Frankel fills us in on the task force’s recommendations(pg. 8). Additionally, Pete Tormey, a recent JFKLaw School graduate, and Felix Antero look at strategiesfor building a competitive modern practice in “GrowingTrends in Today’s Legal World” (pg. 14).Finally, with the decline of traditional law firms,more attorneys are working solo or as part of virtual lawfirms. Sarah Banola considers the ethical implications ofvirtual law practice (pg. 26).As you read this issue, I hope you will keep in mindthat the Bar Association is a resource to help you navigatethese changes. Again this year, weare presenting our popular Law PracticeManagement Series, which got underwayin April with practical advice onhow to develop a business plan and getto work on business development. At thismonth’s LPMS seminar, Randy Wilsonwill discuss the ethical issues related tolawyers’ use of social media. Other programswill include practical steps to establishinga modern law practice, issuesand best policies around use of mobiledevices by your law practice employees,transitioning practices for part-time orretiring lawyers and what you need toknow about the Affordable Health CareAct. For more information, call the BarAssociation or check online at www.cccba.org.As Mark Ericsson said in our March issue, these arecertainly exciting times, and perhaps a bit uncomfortableas the new normal takes hold. But with excitingtimes comes energy, innovation and most importantly,opportunity. Our challenge is to harness the energy andcapture the best of these new ideas to build a better,stronger legal system that can well serve our citizens. sElva D. Harding is a real estate and business attorneyand founder of Harding Legal, dedicated to providingefficient and effective legal service to individualsand small, mid-sized and family-owned businesses.Elva serves on the Bar Association’s Board of Directorsand is Chair of the Law Practice Management Seriestask force. Contact Elva Harding at (925) 215-4577 orwww.edhlegal.com.6MAY 2013

president’s messageThe theme of this month’s to balance them with other aspectsedition of the Contra Costa of the required curriculum.Lawyer—the future of lawFor as long as I’ve known, thepractice—has me reflectingmodel we followed was that lawabout some potential changes infirms trained new lawyers. Perhapsthe practice of law and the nature ofthey are no longer willing to do so.change itself.Or perhaps there has been such aSome people crave change. Others,like me, work more on a model of they no longer can, and too manycontraction in the job market that“if it ain’t broke, don’t fix it.” Change people graduating from law schoolthat we choose can be exhilarating. are forced to start their own practice,servicing whatever clients theyIt can stimulate our imaginationswith the promise of a better life. can find without as much practicalChange that is foisted upon us is anothermatter. The latter may instill be optimal. Whatever the reason, Iknowledge of how to do so as wouldresentment, discomfort, even fear. am told that the requirement forWe can often anticipate the changesthat the future will bring. Exactly perience before they are admitted tolaw students to obtain practical ex-The ChangingTimeshow we will deal with them is less the bar or engage in the practice ofcertain. But experience teaches us law is coming.that deal with them we will.I am told that there are somechanges on the horizon regardingthe practice of law. I wonder howthey will affect us.The first is that one day soon a requirementfor admission to the baror engaging in practice may be a certainamount of practical experience(see Richard Frankel’s article, pg. 8).This prerequisite may be requiredto be fulfilled by participation inclinics or specialized classes in lawschool about the actual practice oflaw. It may instead take the formof required internships after graduationfrom law school. I know thatone law school in our community,John F. Kennedy University Schoolof Law, is currently debating howto prepare for this coming requirement,what clinics to offer and howA second possible change is whatis being called Limited Practice Licensing.This proposal concerns thepossibility of creating a new categoryof licensed technicians ableto give basic legal advice on routinematters. As I write this, the State Baris scheduled to hold its first publicmeeting on April 11 to discussthis idea. I will quote here from anemail that I recently received concerningthe idea:“The idea of limited-practice licensingsurfaced at a State Bar retreatin San Diego in January wherethe Board of Trustees looked atways of improving public protection,access to justice and the StateBar’s regulatory functions. Proponentsof limited–practice licensingsee it as a way to improve deliveryof legal services to the public, whoJay ChafetzCCCBA Board Presidentoften turn to non-lawyers for assistancewhen they can’t afford theservices of licensed attorneys. Sucha program, supporters argue, wouldmake legal services more affordable,while ensuring consistency andquality. California currently allowsnon-lawyers to perform some tasksthat don’t constitute the practice oflaw, such as helping people fill outlegal forms. Paralegals working underattorney supervision, unlawfuldetainer assistants, legal documentassistants and immigration consultantsregistered by county clerks orthe California Secretary of State canalso assist consumers with some legalneeds, short of practicing law.Each year, the State Bar receiveshundreds of complaints about businessesand individuals practicinglaw without a license, but it is limitedin the action it can take becauseit does not regulate non-attorneys.”Are either of these proposedchanges going to be dramatic forcurrent or future lawyers? Are theyto be feared or welcomed? There isno way to know. The only thingcertain in our lives is change, notwhether any particular change willultimately prove to be good or bad.sCONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 7

The Future of Law in Admissionsto the California State Barby Richard A. FrankelThe Board of Trustees ofthe State Bar of Californiacharged the Task Force onAdmissions RegulationReform with examining whetherthe State Bar of California shoulddevelop a regulatory requirementfor a pre-admission practical skillstraining program and, if so, proposingsuch a program for submissionto the Supreme Court.Most American law schools todayfollow the traditional Langdellianmodel of legal education, emphasizingdoctrinal study as the basis forteaching students the art of “thinkinglike a lawyer.” Over the courseof more than a century since thismodel of legal education took rootaround the country, law schoolshave gradually incorporated clinicalexperience and practical skillstraining into their core curriculum.The importance of providingnew lawyers with opportunitiesto develop practical skills has beendriven, in large part, by the rapidlychanging landscape of the legal profession.Due to the economic climateand client demands fortrained and sophisticated practitionersfresh out of law school,fewer and fewer opportunities areavailable for new lawyers to gainstructured practical skills trainingearly in their careers. Many newlawyers, in fact, are now enteringthe profession as solo practitioners,without the solid practical skillsfoundation necessary to representclients in a competent manner andwith nowhere to turn to build thatfoundation.From the standpoint of regulatorypolicy, this situation presentsserious issues of public protectionthat cannot be ignored. The recordthat we have compiled and examinedconfirms the importance andurgency of a thoughtful policy response.Following a series of hearingsduring which the Task Force tooktestimony from many practitioners,legal academics, judges, clients, andmembers of the public at large, andbased on a thorough review by theTask Force of the literature on thetopic of practical skills training fornew lawyers (an extensive body ofwork going back decades that hasrepeatedly addressed thesame set of questions consideredhere, and thathas time and againconfirmed the need for reform), wenow answer the charge given to usin the affirmative. In our view, anew set of practical skills requirementsfocusing on competency andprofessionalism should be adoptedin California in order to better preparenew lawyers for successfultransition into law practice, andmany of these new requirementsought to take effect pre-admission,prior to the granting of a law license.The draft Task Force recommendationsare:• Pre-admission: A practical skillstraining requirement fulfilled priorto admission to practice. Therewould be two routes for fulfillmentof this pre-admission practical skillsrequirement: either in law school,where 15 units of course work followingthe first year of law schoolmust be dedicated to developingpractical skills and serving clients,or, alternatively, employment in a8MAY 2013

It’s Always Darkest Before Dawnby Nick CasperThe California judicial systemis in dire financial straits. Itis not hyperbole to say thatthe current situation hasreached a crisis level. This is undoubtedlynot news, as it has beenkeenly felt by practitioners, judges,court staff and affected citizensalike.Since 2008, the budget of theCalifornia court system has beenslashed by $1.2 billion, a cumulativereduction of over 40 percent. AsChief Justice Tani Cantil-Sakauyeemphasized, spending on the judicialbranch now amounts to only 1percent of the state’s general fund(down from a historical 2 percent), apittance to meet the needs of 38 millionCalifornians. Statewide, courtshave eliminated over 2,000 staff positions,closed 175 courtrooms andshuttered 61 courthouses. The operatinghours of filing clerks havebeen reduced, courtrooms routinelyno longer provide court reportersin civil matters and most countieshave been forced to reluctantlyeliminate specialty courts and vitalservices, such as alternative disputeresolution programs and self-helpservices previously offered to proper litigants. Work furloughs andjudicial vacancies abound.The real-world effects of these cutshave been nothing less than devastating.Filing lines at county clerkwindows—traditionally, a minornuisance—now can become all-dayendeavors. Splintered families facedaunting delays in reunificationproceedings. Domestic violencevictims are denied expeditious processingof their claims for civil protection.Business disputes, some involvingmillions, or even billions ofdollars, have grinded to a near-halt,resulting in unknown economiccosts. Unlawful detainer mattersare delayed, resulting in uncertaintyto both tenants and landlords.Civil fees have been categoricallyincreased to alleviate shortfalls,raising access to justice concerns,particularly for the state’s most vulnerablepopulations.Contra Costa County has been farfrom immune from the financialpinch imposed on the judicial system.The county’s Superior Courthas absorbed nearly $14.5 millionin cuts since 2010, and this year $8million in reserves that the courthad prudently amassed were sweptup by the state. All told, the county’sjudicial budget has been slashed by25 percent. In response, the countywas forced to take on a range ofausterity-type measures, includingclosing the Concord courthouse,reducing the Walnut Creek courthouse’soperations to traffic casesonly, eliminating or reducing severalspecialty courts, laying off fiveof eight commissioners and consolidatingmuch of the county’s judicialoperations to Martinez. Likeother courts throughout the state,Contra Costa County Superior Courtnow is faced with absurdly jammeddockets and overworked judicial officersand staff. Delays in hearingsand trial dates are unavoidable, andresidents in East and West countiesnow must travel to Martinez tohave their family and juvenile lawmatters heard due to courtroom closuresin Pittsburg and Richmond.Last year, in the face of thisgloomy judicial picture, a large allianceof California lawyers fromboth sides of the bar, called theOpen Courts Coalition (OCC), initiatedan effort to give a voice to theoft-neglected third branch of government,as well as to the 38 millionresidents who depend on the courts.The OCC encouraged participationby counties across the state to jointhe collective effort of reaching outto local lawmakers to seek a restorationof funding so that the courtscould resume functioning on a basiclevel of service.The Contra Costa County Bar Associationheeded the call of the OCC.In the beginning of 2012, the CCCBAcreated the Pro Bono/Access to JusticeCommittee, on which I serveas Chair, as a means of advocatingfor the beleaguered courts on thelocal level. In April of last year, weco-sponsored and participated in acourt funding rally on the steps ofSan Francisco City Hall, where severalhundred lawyers, judges, courtworkers and citizens convened tospeak out on the budget crisis. StateAttorney General Kamala Harris,Justice Carlos Moreno (Ret.) andother notable judicial figures deliveredstirring sermons regardingthe critical importance of the state’scourt system, and how the cuts10MAY 2013

have crippled the judiciary’s abilityto meet the needs of Californians.In 2012, members of the CCCBAAccess to Justice Committee alsomet with the state lawmakers whorepresent portions of Contra CostaCounty, including state Assemblymembers in their District Offices,and Senators Mark DeSaulnier andLoni Hancock at the State Capitol.The purpose of the meetings wassimple: to paint a picture of how thesevere judicial budget cuts were adverselyaffecting the administrationof justice for Contra Costa residents(who also represent the lawmakers’constituencies).This year, the Access to JusticeCommittee has renewed the struggleto reach the hearts and mindsof lawmakers. Committee membersElva Harding, Samantha Sepehr,Peggy Bristol-Wright and I are inthe process of organizing meetingswith Contra Costa legislators toonce again express the debilitatingeffects of the budget cuts, this timewith the county’s significant courtclosures and reorganizations of 2013in mind. The hope is that the CCC-BA’s legislative efforts will add tothe growing chorus across the stateto impress upon lawmakers that thecuts over the last five years havegone too deep, and that the courtsare on the brink of reaching a breakingpoint. Governor Brown’s revisedstate budget will be issued in mid-May; it is hoped that California legislatorsrestore critical funding tothe courts and convince GovernorBrown to leave these funds alonewith his “blue pencil.”Locally, the CCCBA is not actingalone in this fight to restore muchneeded court funding. PresidingJudge Barry Goode and other ContraCosta judges have taken a proactiverole in meeting with state lawmakersto articulate the difficulties facedby judicial officers, court staff andlitigants under the current budgetaryconstraints. Judge Goode servesas the Legislative Outreach Chairof the Trial Court Presiding JudgesSince 1949Rated AV byMartindale-Hubbell736 Ferry StreetMartinez, CA 94553925-228-2550925-370-8558 (fax)brayandbraylaw.comAdvisory Committee (which is comprisedof all the presiding judgesacross the state), and he recentlytestified before the Budget Subcommitteesof the state Assembly andSenate on the budget issues.The county’s Superior Court hasalso implemented creative strategiesto help address the docket logjamcreated by courtroom closures,including that of the civil discoverycommissioner. The court invitedlocal practitioners to volunteer toserve as temporary judges to handlesmall claims and unlawful detainermatters or to serve as civil discoveryfacilitators. The response by locallawyers has been encouraging, andboth of these pilot programs are infull flight.A silver lining of the court fundingcrisis is that it has fosteredgreater collaboration between thebench and bar, as well as by attorneyson opposite sides of the ”v.,” todiscover novel solutions to the formidablechallenges created by theunderfunded judiciary. It is hopedthat the court system currently inhabitsthat ”darkest hour just beforethe dawn.” The CCCBA, as well asthe Contra Costa County SuperiorCourt, are making a concerted effortto help ensure that the dawnof restored court funding is close athand. sNick Casper is the Treasurer of theContra Costa County Bar Association.As an associate with Casper,Meadows, Schwartz & Cook since2007, Nick has been actively involvedin litigating many of thefirm’s largest cases involving catastrophicinjury, wrongful death,medical malpractice, employmentdiscrimination/harassment, andcivil rights violations. Nick hasalso taken several of the firm’s casesto jury trial.Bray & BrayOliver W. Bray*Over 25 years in practice• Probate, Trust & Estate litigationand administration• Elder Abuse Litigation• Conservatorship establishmentand litigation• Fiduciary court accountings• Estate PlanningFree case evaluations for referring attorneys*Certified Specialist in Estate Planning, Trust and Probate Law – State Barof California Board of Legal Specialization*Selected to Northern California Super Lawyers each year since 2006CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 11

“BYOCR”(Bring Your Own Court Reporter)Perhaps the single most significanteffect of the statewidereductions to courtbudgets, as they apply tocivil, family and probate cases,is the inability of the courts tocontinue to maintain a courtreporter staff for those categoriesof cases.As the need of a record ofproceedings in many types ofmatters is, of course, important, theobvious step is to allow the partiesto provide their own reporters. Thatwould appear simple until one reviewsthe statutory provisions regardingcourt reporters and considersthe need that when the courtcertifies a record to a higher courtthe applicable provisions must beregarded. It thus became necessaryfor our civil, family and probatejudges to formulate a process thatallows for a ”certifiable” record.Using extensive work done by theLos Angeles Superior Court on thetopic, our judges have put togethera protocol that hopefully will accommodateall concerned. Ourplan is based upon theexpectation that forthe vast majorityof cases needingcourt reporting,the parties will stipulate as to theselection of the reporter. Things willwork most smoothly if, based uponcivility, a party asked to stipulatewill do so absent a bona fide reasonfor not doing so.The specific provisions for reportingby stipulation are contained onthe court’s website. 1 From the homepage, scroll to “Information andNotices” in the middleof the page and click onthe link “Use of PrivateCourt Reporters.” The link“Protocols” on that page willgive you a 13-page explanationof the issues and requirements.There is also a link for Local Rule 24,which covers court reporting. 2In a nutshell, the provisions ofthe Government Code are such thatby Hon. David B. Flinnby far the easiest approach is for theparties to a hearing or trial to stipulateas to the selection of a qualifiedreporter. New form CV-310 is usedand includes an agreement by thereporter to meet the court’s requirements.3 Reporters should be capableof providing ”Livenote” and tyinginto the judges’ bench computerseither by a Wi-Fi remote connectionor cable connection. This is especiallyimportant as it assists the courtin reviewing oral proceedings andtherefore being able to more quicklyrender decisions that are importantto the clients.Reporters will also be provideda welcome packet and must becomefamiliar with the court’s processfor timely uploading the rawstenographic notes into the court’sACORN storage site for safe storageand future reference.As it is important that our courtavoid favoritism, we do not makerecommendations on reporters to beused for private reporting.The court will protect partieswho desire reporting and cannotobtain a stipulation fromtheir opponent, although sofar our experience has beenthat this is a rare occurrence.Due to the GovernmentCode provisions, a reportermust then be chosen from the list of12MAY 2013

Growing Trends in Today’s Legal Worldby Pete Tormey and Felix AnteroMore demanding clients,new technologies andglobalization are takingan irreversible tollon the traditional law firm businessmodel. Consequently, newerbusiness models are cropping up, adevelopment which offers more opportunitiesbut also more risks forlawyers willing to conduct businessdifferently. This article exploressome of the trends in the professionand how they have affected ourstrategies for our law practice.Trends in Legal ServicesFollowing the Great Recession,there has been a large increase inunemployed and underemployedlawyers, many of whom are young,inexperienced and saddled withcrushing student loans. The collapseof the century-old firm Dewey& LeBoeuf, the trans-Atlanticmergers of giant white-shoe firmsand cutbacks in budgets by localgovernments and judicial brancheshave only added to a general senseof pessimism among many practitionersin the legal profession, bothyoung and old.The Ace Fiduciary Group■■■ Preserving Your Trust For The Benefit of Your Legacy ■■■The pessimism, however, is partlymisplaced because the fact is, theunderlying demand for legal serviceshas not abated much and is infact growing. This demand for legalservices is being met through “TheGreat Upender”—the Internet—where cheap-to-free legal servicesand information are overly abundant.This overabundance of free (albeitsometimes questionable) onlineinformation has taken a lot of themystery out of the attorney-clientrelationship and made self-help aviable alternative for many legalconsumers. As a result, prospectiveclients are better informed than beforeand searching for value-basedlegal services instead of the traditionalhourly model where thelawyer acts as the knowledge gatekeeper.Unfortunately for many lawyers,but fortunately for the brave do-ityourselfers,the quality of onlineresources will continue to improveand online services such as RocketLawyer and LegalZoom will honetheir business models to better meetA professional fiduciary can fill in the missing piece. We’ll help you pull together a plan forLitigation special needs trust; high conflict estates; or, advanced estate planning techniques.When you need to recommend top-tier quality for an unbiased, 3rd party trustee, rely on us.Check our website for a free assessment tool.www.acefiduciary.com1990 N. California Blvd. 8th Floor, Walnut Creek, CA 94596, (925) 906-1882A professional, neutral, exceptional, alternativethe growing demand. Thus, a newlaw practice has to allow for theseimprovements and create a businessmodel that can thrive in thisenvironment.Focus on ClientsEven though today’s typical clientsare better informed, the realityis they still have that underlyingfear that caused them to seek legalhelp in the first place. This fearmight be of losing everything in adivorce, risking criminal convictionor that a new business venturemight fail. The opportunity for a viablepractice starts with recognizingthis underlying fear, understandingit fully and addressing it competently.For example, in our practice it isnot uncommon for a client to callwith questions about starting a newbusiness, only to call back monthslater, after using an online incorporationservice, with questions abouthow to operate this new business.Many lawyers might take umbrageat this, but we recognize that it isn’tjust a new legal entity that the clientneeds, but the assurance thatthey are operating the new businessproperly—because of their underlyingfear that they may haveoverlooked something that can endup hurting them. Accordingly, theopportunity for a law firm isn’t tryingto sell the formalities of corpo-14MAY 2013

ate filings but instead to focus onthe higher value-added service ofunderstanding and allaying the client’sfear.In business and commercial law,the changes are more pronouncedbut the opportunities are also biggerand better. Clients want theirlawyers to provide more value insteadof merely being another “costcenter.” The corporate client is lookingtowards their lawyers more forproblem-solving and business strategythan in the past; hence, lawyerswith business degrees and substantialreal-world business experiencewill provide more value to clients.The rise in joint MBA/JD programsreflects this trend.Thus, even though our clientshave not specifically asked for lawyerswith business experience, asa firm and individual lawyers, weemphasize our practical businessexperiences early on in our clientrelationships. Letting the clientsknow we’ve been in their shoeshelps assure them, strengthens theattorney-client relationship andprovides us opportunities to addressunderlying business concerns as avalue-added service.Focus on Growth AreasStarting a law firm today requiresan examination of growth areaswhere it is worth investing scarcemarketing resources. Despite thegloomy outlook by many in theprofession, there are in fact amplegrowth areas in law. These areasinclude regulatory compliance, internationaltransactions and intellectualproperty, to name just a few.Regulatory compliance is particularlypromising because as the globaleconomy matures, the push forincreased regulation will also boostdemand for sophisticated businesslawyers. In addition, we are creatinga slew of new regulations in thefinancial, medical, environmentaland energy industries which willopen doors to more opportunities.Despite jurisdictional limitations,globalization has actually expandedan American lawyer’s legalworld, thanks in no small measureto the outsized impact of Americanlaws internationally and the factthat global business transacts inEnglish. Consequently, emergingmarkets are full of opportunities foran American lawyer able to guideclients in cross-border transactionsand compliance with internationalregulations. Populous countries likeChina, India and Brazil are primarycandidates (hence, the massiveexpansion of U.S. law firms there)because they are experiencingmind-boggling growth spurts acrossmultiple industries and buildingnew infrastructures which requiremore sophisticated legal systems.Some less populous but equallyimpressive growth stories are comingfrom the Southeast Asian, MiddleEast, North African and SouthAmerican regions, such as Indone-CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 15

Growing Trends,cont. from page 15sia, Philippines, UAE, Colombia andPeru, which are also looking for legalpractitioners who know how toput together deals.Another noteworthy example isQatar, which has set a goal to be aninternational commercial disputeresolution center open to partiesfrom all over the globe. Qatar’s courtis operating under “internationalcommon law,” which allows judgesto draw from precedents across thecommon law world. Their bench includesa former Lord Chief Justice ofEngland and Wales, a former ChiefJustice of India and a former Australianfederal court judge. Qatar andother forward–looking countriesrecognize that there is an unmetdemand for international legal disputeresolution and are working tocapitalize on it.Elder Law isAlzheimer’sPlanningSince the passage of Britain’s LegalServices Act of 2007, the legallandscape in the U.K. and all overEurope has undergone dramaticchanges. With law firm structuresthere now changing to allow forpartners who are not lawyers, onecan expect other regions to followsuit. Practitioners hoping to makeinroads into other internationalcommon law jurisdictions will becompeting with law firms that haveexperienced finance and marketingpeople as full partners. These firmswill change the dynamic betweenlawyers and clients who will be demandingnew solutions across thebusiness spectrum, not just in legalservices. At the same time, modernmarketing of law firms is likely toopen opportunities for all lawyersin these areas as the public gets bettereducated.Cash is Still KingWhile many news outlets coveredthe Dewey collapse with ill-maskedThe average survival rate is eight years afterbeing diagnosed with Alzheimer’s — some live asfew as three years after diagnosis, while otherslive as long as 20. Most people with Alzheimer’sdon’t die from the disease itself, but frompneumonia, a urinary tract infection orcomplications from a fall.Until there’s a cure, people with the disease willneed caregiving and legal advice. According tothe Alzheimer’s Association, approximately onein 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 athome — often receiving care from familymembers.If the diagnosis is Alzheimer’s,call elder law attorneyMichael J. YoungEstate Planning, Disability, Medi-Cal,Long-term Care & VA PlanningProtect your loved ones, home and independence.n925.256.0298www.YoungElderLaw.com1931 San Miguel Drive, Suite 220Walnut Creek, California 94596traces of “Schadenfreude,” countlesssmall law offices shut their doorsbecause clients could not pay theirinvoices. This is why it is critical tokeep your expenses extremely low,especially if your practice is in anarea where it is difficult to get clientsto pay in advance. Fortunately,new online tools make it easy tocreate a virtual law office, includingthe ability to rent a professional-lookingoffice anywhere in theworld. For example, LiquidSpaceaggregates business centers aroundthe world and provides them ata low hourly rate. This lets a newpractice operate in low-cost officesbut still meet clients in a professionalenvironment.Relationships Are KeyRegardless of new technologiesand low-cost legal service providers,the attorney-client relationship willalways be based on building andkeeping the client’s trust. The client’strust depends not only on howwell you provide them your services,but also how good a resourceyou are overall. This means beingresponsive, staying up-to-date andcultivating a good referral networkto handle cases that are beyondyour capabilities or provide otherknow-how for the client’s business.Although new technologies andsocial media are affecting professionalinteractions, they are nota substitute for building a goodnetwork. A good network relieson knowing other lawyers wellenough to trust your client withthem. While there is no easy formulafor assessing another lawyer,the more time you spend with thelawyer, the better feel you will havefor their expertise. Thus, the usualadvice for networking, such as usingLinkedIn or going to mixers, isnot sufficient to develop this levelof trust.For us, this means spending considerabletime with other attorneys,especially those not in our practicearea. That is why we go out of ourway to create or sponsor events16MAY 2013

where lawyers come together forroundtable discussions about differentareas of law so we can get achance to interact with them, evaluatethem and develop mutuallybeneficial relationships with them.The legal profession is undergoingmassive structural changes thatwill be felt globally. Firms who aredoggedly focused on clients, willingto venture into the growing geographicregions and fields of practice,able to keep their expenses lowand build strategic relationships,are no doubt going to succeed. Weare hoping and working hard to beone of them. sPete Tormey manages the IntellectualProperty Group of Antero& Tormey LLP. He has a BS in ElectricalEngineering from San FranciscoState University (Magna CumLaude), an MBA from St. Mary’s ofCalifornia (Marketing) and a JDfrom John F. Kennedy School ofLaw. His experience includes over15 years of international sales andmarketing and starting severaltechnology companies.Felix Antero manages the InternationalTransactions Groupof Antero & Tormey LLP. He hasa bachelor’s degree in Economicsfrom the Ateneo de Manila Universitywhere he was a Far East Bankscholar. He earned his JD at JohnF. Kennedy School of Law. Beforepracticing law, he was involved inthe international banking, lendingand insurance industries.Law Offices ofJay Chafetz2033 N. Main StreetSuite750Walnut Creek, CA 94596Conference Room for RentBASIC RATE$125 all day (over 5 hours)$70 half day (under 5 hours)$20 hourlyCONCIERGE RATE$175 all day$100 half dayMember Feedback:“I recently used the CCCBA’s ‘Concierge’ conference roomservices for a two-week arbitration. I was very pleased withthe service we received. The staff was friendly and helpful,I didn’t have to deal with the hassle of ordering food for myclients, and having access to a computer, printer and photocopiermade updating and disseminating documents tothe parties involved very easy. “~ Palmer MaddenFor more information, contact Theresa Hurleyat thurley@cccba.org or (925) 370-2548.JAY CHAFETZPersonal InjuryTrust & Estate DisputesBusiness LitigationMediation (PI and Med Mal)Here for you when you need a trial attorney925.933.5890 fax 925.933.5620JayChafetz@JayChafetzLaw.com— WANTED —Will/Estate ContestsConservatorshipsYou handle the estate, we do the contest.Cases, except conservatorships, oftenhandled on a contingent fee basis, but canbe hourly. Referral fee where appropriate.Pedder, Hesseltine,Walker & Toth, LLPoldest partnership in Contra Costa County(since 1955)p 925.283-6816 • f 925.283-36833445 Golden Gate Way, P.O. Box 479Lafayette, CA 94549-0479AV Martindale-HubbellCONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 17

LAW PRACTICE MANAGEMENT SERIES 20133 rd Tuesday of Each Month | 4:30 - 6 pmJFK University | 100 Ellinwood Way, Room S312 | Pleasant HillDATE TITLE DESCRIPTION CREDITContact Business Plans Learn how smart, thoughtful business planning can dramatically 1 hr GeneralTheresaand Business improve your chances of success. Find out how to develop successfuland authentic rainmaking and branding strategies.Hurley for arecorded Developmentversion.Speakers: Steve Gizzi, Esq. | Pat Gillette, Orrick, Herrington &Sutcliffe, LLPMay 214:30 - 6:30pmSocial Media andLegal EthicsPractical advice on how to engage in social networking withprospects and clients within the ethical parameters required bythe California Rules of Professional Responsibility. Stay after fora hands-on demonstration of effective uses of social media.1 hr General/0.5 hr EthicsSpeaker: Randy Wilson, Esq., DSD Law Site SolutionsJune 184:30 - 6 pmCreating a ModernLaw PracticeLearn techniques to create a cutting edge, high quality law firm,utilizing technology and online presence to dramatically increaserevenue. Explore the differences between law managementpractices from the past and the current trends that anyone canuse to generate and sustain new business in this day and age.1.5 hrsGeneralSpeaker: Katharine Hooker, Family Law Group, LLPJuly 16 Transitioning4:30 - 6 pmAttorneys andTheir PracticesLearn how to work smarter, less and become more profitable, byworking on your legal business rather than in it.Speaker: Janice Brown, Esq., Beyond Law1.5 hrsGeneralAugust 204:30 - 6 pmBYOD (Bring YourOwn Device)Learn about ethical and professional responsibilities law firmsface as lawyers and staff access client and confidential informationwith mobile devices. Also, find out about what employmentlaws your firm might be violating by requiring (or expecting)employees to be connected to work 24/7.1 hr Ethics/0.5 hrGeneralSpeakers: Sarah Banola, Cooper, White & Cooper | James Y. Wu,Law Office of James Y. WuSept. 174:30 - 6 pmThe NewHealthcareLegislationFind out how the 2014 health care reforms will impact thesmall employer (under 50 employees). Learn what you need toknow for your practice, for your clients and as an employer.Speaker: Colleen Callahan, CLU, CASL, LUTCF1.5 hrsGeneral18Cost per session: $20 for CCCBA members | $30 for Non-Members | $10 for Law StudentsDiscount for signing up for the entire series!Early registration is encouraged (first program was standing room only)Please contact Theresa Hurley at thurley@cccba.org | (925) 370-2548MAY 2013

Tax & Estate AttorneysIndividual & Business Tax IssuesTax Preparation • Tax Planning • Tax ControversySophisticated Estate Planning • Estate AdministrationTrust & Estate Litigation • ProbateYOUNGMAN & ERICSSON1981 N. Broadway, Suite 300 | Walnut Creek, CA 94596 | (925) 930-6000www.youngman.comWalter C. Youngman, Jr.Mark S. EricssonDani Altes, ParalegalChastity A. Schults, PartnerMayra Aviles, ParalegalCONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 19

Solo SectionBreakfastFebruary 21, 2013The Solo Section meets for a networking breakfastthe third Wednesday of even-numbered months. Freefor section members. For more information, visit theSolo Section page at www.cccba.org.Dan Pocklington, Alan Ramos andDavid ErbDean Christopherson andDavid PastorKent ParrEmily De Falla and Ivette Santaella20MAY 2013

The Women’s SectionAnnual Wine Tasting & Silent AuctionA tribute to the Hon. Joyce Cram onher retirement. Proceeds benefitted theWomen’s Section Scholarship.Hon. Steve Austin(AKA Judge Awesome)April 11, 2013Many thanks toour Gold Sponsors:• Archer Norris• Casper, Meadows,Schwartz & Cook• Gagen, McCoy,McMahon, Koss,Markowitz &RainesFor more photos, visitour Facebook page atfacebook.com/CCCBA!Renee Livingston, Avery Kerr, Sabrina Axt,Janell Alberto and Deborah Moritz-FarrBeth Mora, Michele Lane andAndrea Kelly SmethurstElizabeth Talbot, Mary Grace Guzman andEliza RodriguesErika Ackeret, Emlyn Struthers andMarta VanegasKaren Johnson, Pam Marraccini, Suzanne Boucher,Hon. Ellen James (Ret.), Lisa Reep and Natasha Chee22MAY 2013

2013 MEXICO MCLERELAX AND STUDY IN LUXURYOctober 12-19, 2013RIU Palace mexico, PlayacarAttorneys, judges and families are invited to join the Contra Costa County Bar Association for the 2013Mexico MCLE trip, October 12-19, to the Riu Palace Mexico, Playacar, Mexico. Playacar is located in theMexican Riviera, just one mile from picturesque Playa del Carmen and has one of the most beautifulbeaches in the world. Riu Palace Mexico is an all inclusive 4 star hotel offering delicious food, beverages,nightly live entertainment and optional excursions. Earn up to six MCLE credits including ethics andelimination of bias. Direct flights from SFO to Cancun are available. The cost is $1,500 per person plus $250for MCLE credits. Significant others, family and friends are encouraged to attend.For further information, contact Carolyn D. Cain at cdcain@astound.netor Douglas W. Housman at dhousman111@yahoo.com.Don't miss the fun and tell your friends!CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 23

Tomorrow’s Lawyerby Mark EricssonJoe is no ordinary Joe. He ownsa high-tech company. Todayhe is hiring a marketing director.Joe goes to his computerand types “employment agreementmarketing director” into Google. Hefinds templates and articles outliningthe process and the issues. Hedrafts his agreement using one ofthe templates. However, he has afew issues that he feels require moreexpertise, experience and an understandingof his business. He emailsthe contract to his lawyer with thespecific issues that he would likeaddressed. Is this where the practiceof law is headed?If Joe were one of the larger Britishfirms, he could have dialed intoa collaborative effort by law firmsthat provide a computer programwith a decision tree, which whenfilled out, produces a final draft ofan employment agreement. Englishfirms in this case act as the expertsin a computer-programming project.Through Listservs, legal consumersask others how they havesolved their problems and comparecosts. Is this where the practice oflaw is headed?The agent of change is the cost oflegal advice and representation. Thepractice of law is going to change.Legal advice is too expensive. Lawyersare pricing themselves outof the market. Twenty-five yearsago, the average partner pay at thenation’s top 100 law firms was 11times higher than that of the averageAmerican worker. Today, it is 23times higher. The 2010 median payof a lawyer was $112,760 per year.Interestingly, the U.S. Bureau of LaborStatistics finds that when askedabout work related experience oron-the-job-training, the response is“none.” As lawyers, we find everyday that we have to tell clients thatthey can’t afford our services or wefind that they cannot pay us oncethe services are provided.Who are the future clients whowill be able to afford us? This is aquestion little addressed in lawschools. There are basically largebusinesses, small businesses such asJoe’s business, the wealthy and therest of us. It is fair to say that the firstthree categories are and will continueto become more sophisticatedconsumers of legal services and thefourth will lose access.The nature of recessions is changing.Until 1981, the country snappedout of a recession in six months. In24MAY 2013

1990, it was 15 months; in 2001 it was 39 months. We arecurrently 64 months into what is a recession for thoseemployed and a depression for those who are not. Companieshave remained profitable by cutting costs, andlegal costs have been at the top of their lists. In-housecounsel budgets have been cut by 50 percent in somecases. About half of corporate counsel and private attorneysbelieve the recession will permanently change theway business is done in the legal industry. Companiesare becoming more sophisticated when they go outsidefor legal representation. This has led to increased consolidationamong the largest firms and the layoff of 9,500lawyers in 2009 and 2010. That’s one in every 76 lawyers.The largest law firms are not addressing the new norm(more value for less fees) and as a result are losing business.I would expect a trickle-down effect to our smallerfirms.Wealth in this country is becoming more concentrated.The top 1 percent owns 40 percent of the wealth, or225 times the wealth of the typical American. The ratioof CEO annual compensation for the Fortune 500 companiesto that of the typical worker is 234 to one versus16 to one in Japan. Income growth for the bottom 90 percenthas been 15 percent over the past 30 years. For thetop 1 percent it has been 300 percent. Lawyers routinelyraise their rates around 5 to 10 percent per year. This effectivelyeliminates the bottom 90 percent from representation.The number of people that can afford justiceis rapidly diminishing.The wealthiest 1 percent can afford representation andwill be willing to pay the premium for lawyers that candeliver (the Boies of the world). However, with moneyfor expertise, one must assume that they, as well as thelarge corporations, will become more sophisticated consumersof legal services.Any analysis of the markets leads one to conclude thatthe price of legal advice and representation will comedown. We will no longer be able to charge for work forwhich we are overqualified to do. Clients are drivingchange by pushing efficiency and demanding the use ofthe latest technology. Clients want to see value and areforcing firms to unbundle. Clients will seek lower-costservice providers including online services.Throughout the world, countries are allowing thepractice of law to evolve. England (from where our lawevolved) and Australia allow non-lawyers to providemany services considered legal. In America, we haveLegalZoom, Axiom Law, Clearspire, Rocket Lawyer,Practical Law Company, Huron, Mindcrest, Pangea3and Novus Law. Online dispute resolution has provedtremendously successful. New York City, using Cybersettle,saved $11.6 million during its first year of a demonstrationproject. SquareTrade, eBay’s preferred disputeresolution provider, offers two services: a free web-basedforum which allows users to attempt to resolve their differenceson their own, or if necessary, the use of a professionalmediator.Qatar is spending billions on developing a legal systemthat it hopes will facilitate incoming capital flows.Our position as the reserve capital of the world is basedin part upon the availability of our courts and the stabilityof our statutory and case law. Today, we are dismantlingour courts for lack of funds. Tomorrow’s litigatorsare going to have to navigate a world of less access andalternative dispute resolution options. Interestingly,American law students increasingly want to go to workfor the government, a trend not seen elsewhere.In Joe’s case, lawyers provide three value-added services.We are the trusted advisor who provides customizedadvice for our clients based upon our knowledge oftheir situations, the provider of risk management complianceand the agent for dispute resolution and litigation.This is particularly true in risk management, whichreceives little emphasis in most law firms. We need tolearn how to do each task most cost-effectively. We needto develop practices where Joe seeks the advice, experienceor expertise that he cannot find online. We needto become experts in areas not widely understood. Weneed to become online providers, and probably available24 hours a day or we risk losing our clients. And inthis world of connectivity where the reply button is alltoo alluring, we need to become experts in quality control.Here in Contra Costa County, we have a million residents.One out of every 250 (3,938) residents is a lawyer,versus one out of 400 nationwide. Forty-two percent ofus (yes, even me) are over 55. Twenty-eight percent havebeen in practice for less than five years or are under 35.I suspect that our county, which is primarily white andwealthy, will not be on the leading edge of change. Butthere is no question that the next 20 years will not mirrorthe last 20 years. It certainly gives us pause to think. sThis article was adapted from a presentation made by Dick Frankelto the Contra Costa County Bar Association Board of Directors.Mark Ericsson is a partner in the tax and businessfirm of Youngman & Ericsson, has served as the 2006president of the CCCBA and is currently the chair of theTaxation Section. He has written over 30 articles on taxand business issues.CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 25

SELF-STUDY MCLE TESTplease visit Contra Costa Lawyer Online athttp://cclawyer.cccba.org/category/self-study-mcleto download the MCLE Self-Study test form and instructions.Ethical Guidelines for Practicingin a Virtual Law OfficeVirtual law practice is becomingincreasingly popularas an alternative tothe traditional physicallaw office. It typically involves theuse of a secure internet portal torender legal services to, and communicatewith clients. 1 Advocatesemphasize the decreased real estateand overhead costs, increased productivityand the work-life balancethat may result from lawyers workingfrom home. Critics stress theneed for in-person client and teammeetings to collaborate and solvecomplex legal problems. As shownby the recent stir created by the Yahoo!no-work-from-home policy,management concerns and the effecton employee morale are hotlycontested issues. It is clear, however,that lawyers practicing in a virtuallaw office need to comply withemployment laws and the rules ofprofessional conduct.Employment law issues arisingfrom operation of a virtual law officeare similar to those arising fromtelecommuting policies. Virtual lawfirms should implement practicesto address: (1) methods for trackingand reporting hours worked,meal and rest breaks; (2) preservationof confidential information;(3) employee privacy expectations,including monitoring computer usageand ownership of computers orother equipment; (4) harassment;and (5) workers’ compensation andsafety issues.Virtual law practitioners mustalso consider the following ethicalissues:by Sarah BanolaCalifornia’s Rules of ProfessionalConduct Apply toVirtual Law OfficesNo California Rule of ProfessionalConduct specifically addresseslawyers who practice in virtual lawoffices. Rather, the same rules ofprofessional conduct that apply toattorneys practicing in traditionallaw firms apply to attorneys practicingin a virtual firm. 2 The applicationof the rules, however, raisesunique issues for virtual law practitioners,particularly in regard to thefollowing California Rules of ProfessionalConduct: 3• Rule 1-300 (Unauthorized Practiceof Law).• Rule 1-400 (Advertising and Solicitation).• Rule 3-100 (Confidential Informationof Client).• Rule 3-110 (Failing to Act Competently).• Rule 3-310 (Avoiding the Representationof Adverse Interests).• Rule 3-500 (Communication).26MAY 2013

California lawyers and courts may also look to theABA Model Rules and ethics opinions for guidance onpracticing in a virtual law firm. 4Although the Model Rules do not specifically addressvirtual law firms, in August 2012, the ABA approvedrecommendations by the Ethics 20/20 Commission toamend the Model Rules to address issues regarding alawyer’s use of technology, including:• Model Rule 1.1 (revising Comment [8] to confirm thatthe duty of competence includes “keeping abreast of... the benefits and risks associated with relevant technology”).• Model Rule 1.4 (revising Comment [4] to reflect changesin communication technology).• Model Rule 1.6 (adding new paragraph (c) requiringlawyers to undertake reasonable efforts to prevent theinadvertent or unauthorized disclosure of, or access to,confidential client information and adding comment[18] regarding safeguarding confidential client information).• Model Rule 1.18 (revising the rule and Comment [2] toclarify when electronic communications give rise to aprospective client-lawyer relationship).• Model Rule 5.3 (revising the title of rule and Comment[2] and adding Comments [3]-[4] to clarify a lawyer’sduties when outsourcing legal work to non-lawyerservice providers).• Model Rule 7.1, Comment [3], Model Rule 7.2, Comments[1]-[3], [5] and Model Rule 7.3, Comments [1],[3] (involving revisions that address a lawyer’s use oftechnology for client development).In addition to the Model Rules, several state bar associationshave issued formal ethics opinions addressingethical issues that arise from a lawyer’s practice of lawthrough a virtual law office. 5Formation of Attorney-Client Relationshipand Client IntakeIn communicating with prospective clients via a securewebsite portal, lawyers should avoid forming unintendedattorney-client relationships by includingdisclaimers on their websites that “posted information isnot legal advice” and that communication through thewebsite does not create an attorney-client relationshipor a duty of confidentiality. In addition, before enteringinto an engagement agreement, lawyers should obtainsufficient information from the client to screen for conflictsof interest and ensure that the party they are communicatingwith is the actual client or someone withauthority to act on the client’s behalf. 6CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 27

Virtual Law Office,cont. from page 27Duty of ConfidentialityLawyers are also required to take reasonable measuresto safeguard confidential client information onthe website portal, including investigating and monitoringthird-party providers, limiting access to confidentialinformation and obtaining written assurances fromthe provider concerning data security and the handlingof breaches of confidentiality. 7 If a lawyer is not able toevaluate the security of the technology used, the lawyermust seek additional information, or consult withsomeone who possesses the requisite knowledge to ensurecompliance with the lawyer’s duties of competenceand confidentiality. 8Duty of CompetenceIn addition to ensuring that confidential informationis protected, the lawyer’s duty of competenceincludes implementing data backupsystems for the paperless law office.In addition, the lawyer must supervisesubordinate attorneys andstaff who may be working invarious physical locations toensure compliance with thelawyer’s professional obligations.9Duty of CommunicationAlthough the duty to keepthe client “reasonably informedabout significant developments”and “to promptlyrespond to reasonable requestsfor information“ 10 may seem easier through electroniccommunication, the attorney should ensure that theclient is receiving and understanding the informationexchanged via the website portal. 11 In certain circumstances,phone conferences, video-conferences or inpersonmeetings would be prudent.Duty of Candor in Advertising and MarketingTo avoid claims of misleading or false statements underCRPC 1-400 and corresponding State Bar Act provisions,lawyers should disclose to potential clients thenature and composition of the firm’s virtual law office,relevant practice areas and the jurisdictions where itslawyers are licensed to practice.Avoiding Unauthorized Practice of LawBecause a virtual law firm’s audience reaches acrossjurisdictions, lawyers must avoid the unauthorizedpractice of law when responding to requests from potentialclients outside the jurisdictions where the lawyersare admitted to practice. In California, engaging inthe unauthorized practice of law is not only a basis fordiscipline, it is a misdemeanor. 12 What constitutes thepractice of law is a fact-specific determination that is thesubject of California case law. 13Under the Model Rules, Rule 5.5(b)(1) prohibits a lawyerfrom establishing a “systematic and continuous presence”for the practice of law in a jurisdiction in whichthe lawyer is not admitted to practice. While Comment[4] provides that a lawyer’s “presence may be systematicand continuous even if the lawyer is not physicallypresent” in the jurisdiction, the rule provides no otherguidance on when virtual practice is sufficiently “systematicand continuous” to require that the lawyer belicensed in that jurisdiction.On June 19, 2012, the Ethics 20/20Commission published an “issuespaper” proposing several optionsto clarify when virtualpractice in a jurisdiction is“systematic and continuous,”including identifying relevantfactors that lawyersand disciplinary authoritiesshould consider and referringthe issue to the StandingCommittee on Ethicsand Professional Responsibilityfor an ethics opinion.Although the Commissionreceived substantial feedback,it ultimately decided todefer the issue as virtual law practice and the pertinenttechnology continues to develop. 14Virtual law practice offers many potential benefits,but also presents distinct issues regarding a lawyers’compliance with the existing rules of professional conduct.While California’s rules of professional conductmay not keep pace with the evolving nature of virtuallaw practice, virtual law practitioners need to stayabreast of changes in California’s rules, and should remainalert to new ethics opinions, amendments to theModel Rules and law practice management standards 15addressing virtual law practice. s28MAY 2013

1A virtual law office has been defined as the “delivery of, and paymentfor, legal services exclusively, or nearly exclusively, throughthe law firm’s portal on a website, where all of the processing,communication, software utilization, and computing will be internet-based.”Cal. State Bar Formal Opn. 2012-184.2Cal. State Bar Formal Opn. 2012-184.3The California State Bar Commission for the Revision of theRules of Professional Conduct recommended, and the State BarBoard of Trustees has approved, proposed revisions to California’srules of professional conduct that conform in style and format tothe American Bar Association’s Model Rules, and contain manysubstantive provisions similar to those in the Model Rules. Theseproposed revisions are currently under consideration for adoptionby the California Supreme Court.4CRPC 1-100(A); Vapnek, Tuft, Peck & Wiener, Cal. Prac. Guide: ProfessionalResponsibility, 1:88-90 (The Rutter Group, a division ofWest, a Thomson Reuters business, 2012).5See, e.g., Cal. State Bar Opn. 2012-184; Penn. State Bar Opn. 2010-200; Florida State Bar Opn. 00-4.6See Cal. State Bar Formal Opn. 2012-184.7See Cal. State Bar Formal Opn. 2012-184.8Id.9Id.10CRPC 3-50011See Cal. State Bar Formal Opn. 2012-184.12Bus. & Prof. C. § 6126.13See, e.g., Birbrower, Montalbano, Condon & Frank, P.C. v. Sup.Ct. (1998) 17 Cal.4th 119.14ABA Commission on Ethics 20/20, House of Delegate filing (February2013) available at: http://www.americanbar.org/content/dam/aba/administrative/ethics_2020/20121112_ethics_20_20_overarching_report_final_with_disclaimer.authcheckdam.pdf.15See, e.g., ABA Law Practice Management Section eLawyeringTask Force, “Suggested Minimum Requirements for Law FirmsDelivering Legal Services Online” (Oct. 15, 2009).Sarah Banola is a litigation attorney at Cooper, White& Cooper LLP’s San Francisco office. Ms. Banola representslawyers and law firms in matters related to legalethics, legal negligence, attorney-client fee disputes,professional discipline, conflicts of interest, disqualificationmotions and law firm breakups.Ms. Banola is a contributingeditor to the professional responsibilitychapter of the CaliforniaPractice Guide on Employment Litigationand the legal malpracticesection of the California PracticeGuide on Claims and Defenses (TheRutter Group, a division of West, aThomson Reuters business, 2012).She also serves as Secretary of theBar Association of San Francisco’sLegal Ethics Committee.Youngman & Ericsson, LLP1981 North Broadway • Suite 300Walnut Creek, CA 94596MCLE SELF-STUDY TESTTo download the test form and instructionsfor this Self-Study MCLE article,visit http://cclawyer.cccba.org andclick on the Self-Study MCLE link inthe top menu.If you prefer to receive the test form viaemail, please contact Theresa Hurleyat thurley@cccba.org or (925) 370-2548.NEED MORE MCLE CREDITS?Visit our calendar to browse upcomingMCLE programs:www.cccba.org/attorney/calendar/Or choose from our MCLE Self-Studyprograms - we offer self-study articles,audio and video programs:Tax Lawyers.www.cccba.org/attorney/mcle/other-self-study.phpwww.youngman.com (925) 930-6000CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 29

ethics cornerThe Good, the Badand the Ugly WithOnline Reviewsby Carol LangfordAsearch on the businessrating site Yelp for attorneysin San Franciscoyields 5,681 results. AlthoughYelp and similar sites areprobably best suited for restaurantsand night clubs, many people usethe site to review professionals.These reviews influence potentialclients. The Lawyerist.com, a blogfor legal professionals, recentlypolled a thousand people with thequestion: “When you need to finda specialty lawyer, how would youstart your search?” Twenty-two percentsaid that they search Google oranother search engine, 10 percentsaid that they “look elsewhere onthe internet” and 2 percent said thatthey “ask on my favorite social network.”Yelp is not the best indicator of anattorney’s ability—but most peopleusing Yelp don’t know that. Mostexperiences with Yelp reveal thatgenerally bad restaurants get badreviews and good restaurants getgood reviews. However, some placesof business and now some attorneyseither pay people to write goodreviews or ask their dearest friendsto rate their lawyering skills online.Thus, inexperienced lawyers whoare savvy with social networkingcan have outstanding reviews andmore seasoned, but less Internetsavvy,attorneys can have bad reviewsand not even know about it.In some instances, attorneys mightbe rated for things that have nothingto do with their legal abilities.There is really no way to tell whysomeone rated a particular attorneywith high marks.However, the troubling questionis, what can a lawyer do to fightback when he or she receives a negativereview on Yelp? Accordingto some ethics experts: not much.In the Los Angeles County Bar Association’sFormal Ethics Opinion#525, the authors concluded thatany public response to a negativereview online must not “discloseconfidential information,” must“not injure the former client in anymatter involving the prior representation”and must be “proportionateand restrained.” The part about notdisclosing confidential informationcan leave attorneys at a huge disadvantagewhen responding online.Because opinions are protectedby the First Amendment, clients are“The troubling question is, what can a lawyer do to fight back whenhe or she receives a negative review?”usually within their rights to logonto social media sites and trashtheir attorney, as long as they don’tknowingly make false statements—a hard standard to prove. Furthercomplicating matters is the attorney-clientprivilege, which restrictsthe attorney as to what he or shecan say to respond, if that requiresdivulging privileged information.For instance, imagine a client thathired a personal injury attorneywith unreasonable expectationsof receiving millions of dollars insettlement, or a client that endedup slighted in a divorce settlementbecause of his or her own bad behavior.The client could then go onYelp, Avvo, LawyerRatingz.com,Angie’s List, etc., and tell the worldthat the attorney botched the case.In this situation most people wouldreasonably want to defend themselvesagainst these accusations bypointing out the client’s own badbehavior. But as lawyers we cannot.So what can we do?A professional can always sueover a bad review for defamation—30MAY 2013

A GOODREVIEWbut only if the statements made in the review were false.Even then, it’s probably not a good idea. The AssociatedPress recently reported about a Minneapolis Neurologist,David McKee, who sued a patient’s son for defamationafter he wrote a scathing review, including disparagingcomments allegedly said by the doctor to him andhis family following his father’s stroke. McKee claimsthat the statements attributed to him were not true. Thisparticular case has not been decided, but such suits arerarely successful. A study by Eric Goldman, a professorat Santa Clara University School of Law, revealed that ofthe 28 physicians who have recently filed similar suits,16 of them were dismissed and six of them settled.The outcome of such suits can be devastating. In aJuly 13, 2009, article the San Francisco Chronicle reportedabout a California dentist, Yvonne Wong, who sued apatient and Yelp after the patient posted a negative reviewon Yelp’s site. Ultimately, Ms. Wong was orderedto pay more than $80,000 in attorney’s fees to her patientand Yelp. The judge ruled in that case that California’sstringent anti-SLAPP law could be appliedbecause the patient had mentioned mercury fillingsin her review, and thus the review furthered discussionof an issue of public interest.Even Yelp’s spokeswoman Kristen Whisenandrecommends against using the “nuclear option”and suing for a negative review. Why? Because itusually only brings more attention to the negativereview—which is what the professionaldidn’t want in the first place. For example, in2007, the New York Times reported about attorneyJohn Henry Browne who sued the lawyerrankingsite Avvo alleging that his 5.7 (out of10) ranking was damaging to his law practice.A federal judge held that the reviewswere protected under the First Amendmentright to express opinions and dismissed thecase. The case brought more public noticeto the negative Avvo reviews that the attorneywanted removed in the first place.A search of the same attorney now showsthat he was able to raise that number to6.6, so maybe he learned a thing or twosince then. Or maybe he simply becamemore Internet-savvy and learned howto work the system.The best option for attorneys is tocheck the ratings websites, and respondto the reviews in a friendly, proactivemanner. For example, one SanFrancisco attorney with a rating of 2.5 stars on Yelp (outof 5 possible stars) responded to each and every one ofhis negative reviews in a polite manner that did not divulgeprivileged information. Although measures suchas these may seem distasteful, the reality is that socialmedia exists, people do check it when searching for anattorney, and the only thing attorneys can do is to stayon top of things. sCarol M. Langford has a practice in State Bar defenseand professional licensing disputes in Walnut Creek.She teaches professional responsibility as an adjunctat U.C. Berkeley, Boalt Hall School of Law and HastingsCollege of the Law. Additionally, Ms. Langford serves asan expert witness in cases involving complicated ethicsissues and presents at conferences and symposiumsacross the state. She is a past Chair of the CaliforniaCommittee on Professional Responsibility and Conduct.CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 31

inns of courtLegal Jeopardy!The best Inns Of Court presentationsget all of its membersinvolved. Instead of justhaving a group standing upperforming for their adoring fans inthe audience, the best groups makethe adoring fans part of the performance.Judge Maier’s group (starringErika Littlefield, Lisa Mendes,Matthew Mraule, Nick Casper,Nicholas Jay, Janine Ogando, PatrickPerez, Scott Reep, LaureenBethards and John Warnlof) provedthis old saw one more time with agreat “Legal Jeopardy!” presentationat the March 14, 2013, meeting.If you’ve ever watched an episodeof “Jeopardy!,” seen the ”SaturdayNight Live” always hilarious“Celebrity Jeopardy!” skits, or evencaught any part of the “E! True HollywoodStory” on Alex Trebek, youknow how “Jeopardy!” works. Theygive you the answer, you give themthe question!The twist here is that all of the categorieswere legal in nature. Eventhe “Movies” category related tolaw movies, like the always realistic“Jury Duty” (Pauly Shore’s greatestrole). The most basic questions werefairly easy; most practitioners inthat field would quickly get them.However, the difficulty quickly escalatedand most teams spent theentire night in the negative. Yes, it’strue. An entire room full of veteranattorneys and judges got the vastmajority of the questions ... wrong.Partial credit should go to JudgeMaier’s group for crafting increasinglychallenging questions. However,more of the credit (or blame)should go to the groups for buzzingin too soon or failing to answerin the form of a question. Theseare basic “Jeopardy!” tenets, yetthey tripped up so many groups.Groups had plenty of enthusiasmfor the rules of the game and werenot bashful about alerting JudgeMaier’s group when the answeringgroups made the most basic mistakes.When it comes to a raucousenergy at an Inns Of Court meeting,you don’t have to turn up the stovetoo much to get that water to boil.Inns President Scott Reep playedAlex Trebek, but went old schoolTrebek, donning a perm wig androcking a red blazer. He wielded abuzzer like it was a light saber, strikingdown the groups that daredanswer incorrectly (although, itshould be noted, that actuallydidn’t make them more powerfulthan you could ever imagine).The groups careened helplesslytowards “Final Jeopardy!,” sadly arrivingto the championship roundmostly empty handed. Only twogroups were actually in the positive,which meant that only twogroups could even really take partby Matthew Talbotin “Final Jeopardy!”It came down to Judge Cram’sgroup (my group) versus JudgeMockler’s group for all the marbles!Judge Mockler’s group was up byapproximately $2,000, so they hadthe advantage. Before we receivedthe “Final Jeopardy!” answer, bothgroups had to enter our wagers. Ourgroup decided to bet a single dollar,pinning our hopes on Judge Mockler’sgroup failing. It was the conservativeplay and I was concerned.Were we betting not to lose? But Iwas assured it was the way to go.Plus, you have to have hope.The “Final Jeopardy!” answercame in: “This justice said: ‘It isbetter, so the Fourth Amendmentteaches us, that the guilty sometimesgo free than the citizens besubject to easy arrest.’”We guessed Justice Douglas,which was correct! Judge Mockler’sgroup guessed another, incorrectjustice. What’s more, they had wageredso much money that they fellbehind us into second place! Our$1 betting plan had worked! ClearEyes, Full Hearts, Can’t Lose!It was an extremely successfulevening that helped bring the InnsOf Court community together in afun and funny way. s32MAY 2013

The next Inns ofCourt meetingis May 9, 2013,at the LafayettePark Hotel.To learn moreabout the InnsOf Court and getinvolved, contactPresidentScott Reep at707.748.0900 orScott@Solanolawgroup.com.Roger F. Allen510.832-7770Ericksen, Arbuthnot155 Grand Avenue, Suite 1050Oakland, CA 94612rallen@ericksenarbuthnot.comNorthern CaliforniaMediator / Arbitrator16 years as Mediator25 years as Arbitrator33 years in Civil Practice• Training includes Mediation Course atPepperdine University 1995• Serving on Kaiser Medical MalpracticeNeutral Arbitrators Panel• Settlement Commissioner, Alameda andContra Costa Counties• Experienced in all areas of Tort Litigation,including injury, property damage, fire loss,malpractice, construction defectMorrill Law Firm1333 N. California Blvd., Ste 620 • Walnut Creek, CA 94596Phone 925.322.8615 • Fax 925.357.3151Will & Trust LitigationFinancial Elder AbuseConservatorshipsGeneral Civil LitigationProbate & Civil AppealsMediationJoseph MorrillAndrew R. VerriereNicole MorrillParalegalCONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 33

COFFEETALK!How have the courtbudget cuts affectedyou?Unlawful Detainer matters havebeen severely impacted becauseof the budget cuts. UD’s have been“farmed” out to several different departmentswithin the Superior Courtin Martinez, Richmond and Pittsburg.After the closing of the ConcordCourt, and Walnut Creek Court onlydoing traffic, it has put a strain onall of our summary proceedings. Insome cases, the Superior Court Judgesin Martinez would call their regularcivil calendar and after an hour or so,would then call the UD calendar.Since then, Commissioner Richardshas gone back to doing UD’s inPittsburg and Richmond as well ashis busy traffic calendar, and for thatwe are truly grateful! In addition, theassistance of the volunteer attorneysserving as pro tems has made animprovement on the flow of the UDand small claims calendars. However,a regular presiding Commissionerwould be extremely beneficial, atleast for the Martinez calendar.Terri L. BrewerIn October, 2012 a three day trial wasset for August, 2013. While this is acase of some significance and whilethe issues are limited to support andfees, this is the earliest we could geton the calendar of the particularjudge to whom we were assigned.That individual is no longer handlingfamily law.AnonymousMy largest commercial collectionclient has stopped litigating in Californiabecause of the delays in theCourts state-wide, including ContraCosta County. The client, which is locatedin Illinois, has determined thatwith the delays and increased fees,suing does not make economic sense.The paralegal assigned to Californiaaccounts is no longer employed bythe client. My income will be reducedas a result of the cutbacks.AnonymousI am presently participating in complicatedproperty damage—inversecondemnation jury trial in Department13 before Judge Brady (Kellyv. CCWD). Due to the recent budgetcut-backs, our trial time has been basicallylimited to four (4) afternoonsper week, with an occasional Fridaymorning thrown in when the Courtcan arrange the schedule.The pace of the trial is very slowgiven only 2 ¾ hours per day. Afterfour weeks of trial, plaintiffs’ counselis still presenting his case. The jury isgetting antsy, and just yesterday theBailiff informed us that several jurorsare concerned with their availabilityshould the trial go past April 15th,which it surely will. Judge Bradyfears we will lose some jurors whichcould result in a mistrial.These budget cuts have increased thecost of trial, created witness schedulingdifficulties, caused witnesses,most of whom are experts chargingfor their time, an undue burden ofreturning to court for multiple days,and prevented the court from hearingother trials.Craig L. JudsonBold Polisner Maddow Nelson& Judson34MAY 2013

CALENDARUPCOMING EVENTS | OVERVIEWMay 8 | Family Law SectionView From the Bench -New Judgesmore details on page 36May 10 | Employment Law SectionViolence in the Workplace: Employer Obligations,Legal Issues and Threat Assessmentsmore details on page 36May 15 | Business Law & Corporate Counsel and Litigation SectionsThe Ever Evolving Enigma of ESI (ElectronicallyStored Information) and its Ethical Obligationsmore details on page 36May 17 | Real Estate SectionDiversity: Special Challenges for theCommercial Real Estate Barmore details on page 36May 21 | CCCBASocial Media & Legal Ethics - Part 2of the Law Practice Management Seriesmore details on page 36May 23 | CCCBAGet to Know Your Local Judgesmore details on page 36May 29 | CCCBAFast Track Bench/Bar Roundtablemore details on page 37June 6 | Barristers, Litigation and Pro Bono SectionsDeadlines, Depositions & DiscoveryFor the New Attorney (Part 3: Discovery)more details on page 37June 6 | Family Law SectionHow to Handle the Allegationsof Sexual Molestationmore details on page 37June 18 | CCCBACreating a Modern Law Practice - Part 3of the Law Practice Management Seriesmore details on page 37June 27 | Women’s SectionCCCBA All Sections’ Summer Mixermore details on page 37October 12-19 | CCCBAMexico MCLEmore details on page 23For up-to-date information on programs, please visit www.cccba.org/attorney/calendarand/or subscribe to our weekly “Events & News” email.To subscribe, text CCCBA to 22828.CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 35

May 8 | Family Law SectionView From the Bench - New JudgesSpeakers: Hon. Barbara HintonComm. Anita SantosHon. Ed WeilTime: 12 pm – 1:15 pmLocation: Contra Costa Country Club801 Golf Club Rd., Pleasant HillMCLE: 1 hour general creditCost: $50 for section members and lawstudent members, $75 for CCCBA members,$100 for non-membersRegistration: Go to the Family Law websiteat www.familylawsectioncontracosta.orgMore Info: Contact Therese Bruce at(925) 930-6789May 17 | Real Estate SectionDiversity: Special Challenges for theCommercial Real Estate BarSpeaker: Elaine Andersson, Bricta Media LLCTime: 7:30 am – 9 amLocation: Scott’s Seafood1333 N California Blvd., Walnut CreekMCLE: 1 hour elimination of bias in the legalprofession creditCost: Free for section members, $5 for lawstudent members, $15 for CCCBA members,$35 for non-membersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548May 10 | Employment Law SectionViolence in the Workplace: EmployerObligations, Legal Issues and ThreatAssessmentBreakfast is included.Speakers: James Cawood, Threat AssessmentExpert, Factor OneThomas Klein, Esq., TKleinAssociates, Inc.Moderators: Andrea Kelly SmethurstShannon WalpoleTime: 8 am – 9:15 amLocation: Scott’s Seafood1333 N California Blvd., Walnut CreekMCLE: 1 hour general creditCost: $30 for section members, $25 for lawstudent members, $35 for CCCBA members,$45 for non-membersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548May 21 | CCCBASocial Media & Legal Ethics - Part 2of the Law Practice ManagementSeries 2013This program is designed to provide youwith practical advice on how to engage insocial networking with prospects and clientswithin the ethical parameters required bythe California Rules of Professional Responsibility.Stay after for a hands-on demonstrationof effective uses of social media.Speaker: Randy Wilson, Esq., DSD Law SiteSolutionsTime: 4:30 pm – 6:30 pmLocation: John F Kennedy University100 Ellinwood Way, Room S312, Pleasant HillMCLE: 1 hour general credit, 0.5 hours legalethics creditCost: $10 for law student members, $20 forCCCBA members, $30 for non-membersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548May 15 | Business Law & Corporate Counseland Litigation SectionsThe Ever Evolving Enigma of ESI(Electronically Stored Information)and its Ethical ObligationsWine and cheese reception to follow.Speakers: Hon. Steve AustinJonathan Redgrave, Esq.Kirk Pasich, Esq.Jeffrey Rabkin, Esq.Roger Brothers, Esq.Moderator: Linda DeBene, Esq.Time: 3:30 pm – 5:30 pmLocation: JAMS Office Conference Room1255 Treat Blvd. #700, Walnut CreekMCLE: 1 hour general credit, 1 hour legalethics creditCost: $30 for CCCBA members, $35 for nonmembersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548May 23 | CCCBAGet to Know Your Local JudgesJoin us for an opportunity to get to knowmembers of our local bench on a one-to-onebasis. Enjoy refreshments and conversationwith Assistant Presiding Judge Austinand Judges Laettner, Mockler and Johnson.Hosted by Steele, George, Schofield & RamosLLP.Time: 5:30 pm – 7 pmLocation: Steele, George, Schofield & Ramos3100 Oak Rd., Suite 100, Walnut CreekRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-254836MAY 2013

May 29 | CCCBAFast Track Bench/Bar RoundtableMembers of the CCCBA are invited to attenda meeting with Fast Track Supervising JudgeCraddick and other Fast Track judges todiscuss issues of general interest or concern.The judges would like to know what’s onyour mind. Please submit discussion topicsto the Bar Association by May 24 via emailto Theresa Hurley at thurley@cccba.org.Lunch is included.Speakers: Hon. Steve AustinHon. Laurel BradyHon. Judith CraddickHon. David FlinnHon. Barry Goode, Presiding JudgeTime: 12 pm – 1:30 pmLocation: Wakefield Taylor CourthouseDept 9, 725 Court St, Room 320, MartinezMCLE: 1 hour general creditRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548June 18 | CCCBACreating a Modern Law Practice -Part 3 of the Law PracticeManagement Series 2013Learn techniques to create a cutting edge,high quality law firm, utilizing technologyand online presence to dramatically increaserevenue. This program will explore the differencesbetween law management practicesfrom the past and the current trends thatanyone can use to generate and sustain newbusiness in this day and age.Speaker: Katharine Hooker, Partner, FamilyLaw Group, LLPTime: 4:30 pm – 6 pmLocation: John F Kennedy University100 Ellinwood Way, Room S312, Pleasant HillMCLE: 1.5 hours general creditCost: $10 for law student members, $20 forCCCBA members, $30 for non-membersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548June 6 | Barristers, Litigation and Pro BonoSectionsDeadlines, Depositions & Discoveryfor the New Attorney(Part 3: Discovery)This is a three-part series. Part 3 willexamine all the new and relevant issues surroundingdiscovery in civil cases in California.Lunch is included.Speaker: Geoffrey SteeleTime: 11:30 am – 1:30 pmLocation: CCCBA Office5th Floor Conference Room2300 Clayton Road, ConcordMCLE: 1.5 hours general creditCost: $20 for section members and lawstudent members, $25 for CCCBA members,$35 for non-membersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548June 27 | Women’s SectionCCCBA All Sections’ Summer Mixer,Hosted by the Women’s SectionTime: 5:30 pm – 8 pmLocation: Pyramid Alehouse1410 Locust St., Walnut CreekCost: Free for section members, $20 forCCCBA members, $20 for non-membersRegistration: Online atwww.cccba.org/attorney/calendarMore Info: Contact Theresa Hurley at(925) 370-2548June 6 | Family Law SectionHow to Handle the Allegations ofSexual MolestationSpeaker: Victoria Coad, Ph.D.Time: 12 pm – 1:15 pmLocation: Contra Costa Country Club801 Golf Club Rd., Pleasant HillMCLE: 1 hour general creditCost: $50 for section members and lawstudent members, $75 for CCCBA members,$100 for non-membersRegistration: Go to the Family Law websiteat www.familylawsectioncontracosta.orgMore Info: Contact Therese Bruce at(925) 930-6789CALENDARCONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 37

CLASSIFIEDSLOCAL OFFICE SPACE AVAILABLELarge office available in a 4 attorney suite inWalnut Creek. The suite includes 2 conferencerooms, kitchen area, secretarial bay, receptionarea and underground parking. Additionalunderground storage may also be available.One block from BART in one of the best buildingsin Walnut Creek. Call 925-360-5005.ACUNA CONSULTING EXPERTISEAttorney & Fiduciary Support ServicesConservator, Probate, Estate Accounting.Practice management, system implementationand strategic business planning. Expert witness,professional; timely excellence.Loren R. Acuña, MBA, CPFL #534loren@ACEfiduciary.com | (925) 906-1882PROBATE PARALEGALTO ATTORNEYSJoanne C. McCarthy. 2204 Concord Blvd.Concord, CA 94520. Call (925) 689-9244.CONCORD LAW OFFICE NEAR BARTOn Clayton Road. 1 or 2 Offices with Library,Kitchen, Reception Area. Free Parking. OverflowCases Possible. Call Joe at (925) 687-9121PROFESSIONAL OFFICE SPACEOne large professional window office, plus twofully-furnished modular work stations. Attorneysor CPAs preferred for professional suiteshared with attorneys and CPAs. 1600 SouthMain Street, Walnut Creek, near Kaiser Hospital.Convenient freeway access. Ample parkingfor tenants or clients. Newly remodeled spacein building with a parklike setting. Shared spaceincludes reception, conference room, kitchen,workroom, and file space. Café/Deli in building.Respond to Brandt Andersson: (925) 935 1050or BrandtAnd@aol.comWALNUT CREEK OFFICE SPACE(S)TO SHAREThis corner suite on the second floor has threeoffices, two admin spaces, an open client waiting/sittingarea and a full kitchen with a Bizhubcolor copy/print machine. One office and oneadmin space is occupied by a financial advisorwith an assistant. The other two window officesare available for immediate sub-lease withthe option of utilizing the additional admincubicle space for your full-time or part-timeassistant. You may lease one office, two officesand (with or without) the admin space.The monthly rent will be based upon the spaceconfiguration you choose. The full kitchenincludes a full size refrigerator, microwave,dishwasher, sink and lunch table. A long termlease is preferred. Close to Bart and freeways.Call today to schedule a viewing!- Carmen (925) 932-8609advertisers’ indexThe Ace Fiduciary Group .......... 14ADR Services ...................... 15Roger F. Allen ......................33David Arietta .......................13Barr & Barr Attorneys ................4Bray & Bray .........................11Jay Chafetz ........................ 17Diablo Valley Reporting Services ..40Frankel Goldware Ferber LLP .......4Margaret M. Hand................. 24JAMS .............................. 27Lenczowski Law Offices ............13Morrill Law Firm ...................33Mullin Law Firm . . . . . . . . . . . . . . . . . . .13Palmer Madden ................... 39Perry A. Novak ,UBS Financial Services, Inc. ............ 2David B. Pastor .................... 39Pedder, Hesseltine, Walker& Toth, LLP......................13, 17Scott Valley Bank ....................9Candice Stoddard .................. 39WestlawNext,Thomson Reuters ....................3Michael J. Young .................. 16Youngman & Ericsson, LLP .....19, 29Zandonella Reporting Service .... 1938MAY 2013

Interested inAdvertisingin theContra Costa Lawyer?Contact Dawnell Blaylockat (925) 370- 2542 ordblaylock@cccba.orgPRINT RATES:Full page: $ 550Full page Color: $ 6902/3 page: $ 5001/2 page: $ 4151/2 page Color: $ 5201/3 page: $ 3501/6 page: $ 215Business card: $ 1651/12 page: $ 125ONLINE RATE:$165/ monthSubstantial discountsavailable for 3 insertionsand more.CLASSIFIEDS - PRINT:Member rates are $15.00per line for a one- timeinsertion and $12.50 perline for three or moreinsertions.CLASSIFIEDS -ONLINE:$50/ month flat fee. Inaddition to text, you maysubmit photos or graphicsto be posted along withyour classified ad at noadditional charge.David B. PastorCCCBA MeMBerSinCe 1977Law Offices ofCandice E. Stoddard1350 Treat Blvd., Suite 420Walnut Creek, CA 94597effectivenessPalmer Madden has conducted more than1,000 mediations since 1981. One jurisdictionreported that he has over a 90% settlement rate.experienceConServAtorShiPSProBAteSCriMinAl DefenSeLaw Offices ofDAviD B. PAStorwww.davidbpastor.com1280 Boulevard Way, Suite 212 • Walnut Creek, CA 94595925-932-3346 • david@davidbpastor.comHis 25 years of experience as a trial attorney giveshim an understanding about clients that has proventime and again to be critical in tough cases.efficiency• Free Consultation •Candice E. StoddardPersonal InjuryReal Estate LitigationTrust and Estate DisputesMediationn925.942.5100 • fax 925.933.3801cstoddard@stoddardlaw.comPracticing law in the East Bay for over 25 yearsHe does not carry the overhead of othermediation firms (no administrative fees) -which means the price is always right!palmer brown madden925.838.8593 | WWW.ADRSERVICES.COMOver 25 years’ experience as an ADR neutralCONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER 39

DIABLOVALLEYREPORTINGSERVICESCertified Shorthand ReportersServing the entire Bay Area• Deposition Reporting• Experienced Professional Reporters• Computerized Transcription• Deposition Suites Available• Expeditious Delivery• BART Accessible2121 N. California Blvd.Suite 210Walnut Creek, CA 94596925.930.7388fax 925.935.6957dvrs2121@yahoo.com40MAY 2013