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 <strong>Contra</strong> <strong>Costa</strong> Lawyer,we take a look at how the practice of lawis advancing here in <strong>Contra</strong> <strong>Costa</strong> <strong>County</strong>. Access to justiceis a primary concern of the <strong>Contra</strong> <strong>Costa</strong> 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 <strong>Bar</strong> 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 <strong>Bar</strong> <strong>Association</strong> 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 <strong>Bar</strong><strong>Association</strong> 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 <strong>Bar</strong> <strong>Association</strong>’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 <strong>Contra</strong> <strong>Costa</strong> 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 <strong>Bar</strong>is 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 <strong>Bar</strong> retreatin San Diego in January wherethe Board of Trustees looked atways of improving public protection,access to justice and the State<strong>Bar</strong>’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 <strong>Bar</strong> 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