Lawy e rR f al S ervic 201 30 Year s 30 Ye a r s BAR BRES Q 2018 June 27 2nd.pdf · 2018. 6....

Also in this issue:Amicus Award Presentation Member SpotlightPresident’s Message CalendarBench-Bar Report Event Photos

A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Third Quarter 2018

BAR BRIEFS30 Years 30 Years1988 • Lawyer Referral Service • 2018

Also in this issue: Amicus Award Presentation Member Spotlight President’s Message Calendar Bench-Bar Report Event Photos

Santa Cruz County Superior Court Judge Timothy Schmal is surrounded by his new colleagues during his swearing in ceremony on April 13, 2018. Judge Schmal’s journey to the bench is detailed in an article starting on page 6.

2Santa Cruz County Bar Association July, August, September 2018

Santa Cruz CountyBar Association

Calendar ............................................................. 3

President’s Message ........................................... 4

Articles

Back to Basics ........................................... 12-13

Judge Timothy Schmal ................................ 6-8

Bench Bar Liaison .............................................. 18

Member Spotlight ............................................. 19

Events/Photos

Amicus Award ........................................... 10-11

April 12 MCLE ................................................ 15

SCCTLA Elbow Rub ................................... 16-17

Casagrande, Dan - Reverse Mortgage .................................. 9Cottle, (ret) Justice Chris - Mediation/Arbitration ................. 9Creekside Court Reporting ................................................... 9Hartsell Olivieri - Shorthand Reporting ...............................19Haussler, Lu - Mediation ...................................................... 9JAMS - The Resolution Experts ............................................ 5Premo, Steve - Legal Research/Writing ................................ 9Pulone - Reporting Services ............................................... 13

TABLE OF CONTENTS

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340 Soquel Avenue, Suite 209Santa Cruz, California 95062tel 831-423-5031 / fax 831-423-6202email sccbar@sbcglobal.netwww.santacruzbar.orgwww.lawyerreferralsantacruz.org

President: James Eschen: 458-0502President-Elect & Treasurer Emily DuBois: 458-0502Past President: Burleigh Cooper: 423-5031Secretary: Eric John Nelson: 588-4818Directors At Large: Angela Hoyt: 479-6217 Aaron Mohamed: 462-6391 Andrew Janecki: 459-0427 James Rummonds: 688-2911 Ashley Wheelock: 471-7170

Executive Director: Lolly Belanger: 423-5031Editor: James Eschen: 458-0502

Newsletter Layout/Design: Evelyn Volpa: 685-3314

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation, Inc. (SCCBA). The opinions expressed herein do not necessarily represent the opinions of the SCCBA, its officers, directors, members, or the editor.

Editorial submissions to Bar Briefs are welcome. However, we accept no responsibility for the custody or return of materials submitted for publication.

All submissions for publication become the exclusive property of SCCBA. All rights reserved.

Advertising rates and policies are made available by the SCCBA Board and Executive Director. Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised.

Copyright © 2018 SCCBA

Stoney Brook is the first recipient of the SCCBA Amicus Award, which recognizes non-lawyers for their efforts in promoting access to justice in our community.

www.lawyerreferralsantacruz.org

www.santacruzbar.org

mailto:[email protected]


Thurs 12

Thurs 12

Wed 25

Thurs 9

Thurs 13

Thurs 20

SCCBA Real Property SectionNo meetings in July and August.

SCCBA Estate Planning SectionNo meetings in July, August and September.

SCCBA Ralph Boroff, Esq. presents “Yet Further Thoughts from This End of the Bar.” 12:00–1:15 p.m. Brown Bag Lunch, Santa Cruz Courthouse. Cost: Free; $10 for one unit MCLE competence issues credit. Contact SCCBA, 831-423-5031 or [email protected].

The Advocates Regular monthly meeting at 5:30 p.m. at the Crow’s Nest, 2218 E. Cliff Dr, Santa Cruz. Learn more at https://theadvocates-santacruzbar.org/.

Bench Bar Meeting12:00 p.m., Dept. 5, Santa Cruz Superior Court. Send agenda items to [email protected].

SCCBA No meetings in August.

The Advocates Regular monthly meeting at 5:30 p.m. at The Crepe Place, 1134 Soquel Ave., Santa Cruz. Learn more at https://theadvocates-santacruzbar.org/.

SCCBA Fall FlingJoin us for the annual Fall Fling celebration. Enjoy oysters, tacos, libations, networking and more. 5:00 – 7:30 p.m. at Rancho Soquel, 1461 Old San Jose Rd. in Soquel, CA. Contact SCCBA at 831-423-5031 or [email protected].

SCCBA Tony Condotti, Esq. presents “Current and Trending Issues Facing Our Local Municipalities.” 12:00–1:15 p.m. Brown Bag Lunch, Santa Cruz Courthouse, Dept. 5. Cost: Free; $10 for one unit general MCLE credit. Contact SCCBA, 831-423-5031 or [email protected]

MCLE

MCLE

September 13, 2018 5:00 - 7:30 p.m. $35 per person includes oysters, tacos and libationsInvitations to follow

Interested in sponsoring this event?Please call the SCCBA at 831-423-5031

Fall FlingOpen to all

Sept

Aug

July


https://theadvocates-santacruzb

https://theadvocates-santacruzbar.org/








President’s MessageJake Eshen, Esq.

At January’s MCLE program, Judge Jamie Jacobs-May, formerly of the Santa Clara Superior Court, told a story about the Santa Cruz way of practice. In a case before her, some Santa Cruz lawyers confronted a San Jose firm known for intransigence. Our home-town team had difficulty getting their adversaries to make any concessions or accommodations at all—until they changed tactics. They said, “We’ve never worked with you before. What do you say we take you to dinner?” After dinner together, the San Jose firm became much more amenable.

The Santa Cruz County Bar Association seeks to make the cooperation that Judge Jacobs-May saw a habit. Its missions, like those of other bar associations, include building community among lawyers in the area. By engaging with other members outside the courtroom, we build trust with them. We also keep abreast of developments in this county’s legal landscape.

Attending SCCBA events is a good start to becoming more involved in the Santa Cruz legal community. We meet each other and resume old acquaintances at luncheons and the special events. The yearly state-of-the-courts MCLE, the bench-bar meetings, and the Bar Briefs help keep members informed about changes in the courts and in practice.

SCCBA members can become even more involved. If you have an idea for an educational program, the MCLE committee would love to hear it. Putting on educational programs eleven months out of the year is challenging. By bringing your ideas to the committee, you can partially unburden its members while molding the educational programs that the SCCBA sponsors.

One of the Bar Association’s most important, vibrant programs is the Lawyer Referral Service. When people who have had little need for lawyers find themselves in a legal jam, LRS introduces them to competent attorneys who can answer their questions. LRS helps both clients who will see an attorney only once and those who need a longer relationship. It also helps attorneys find clients.

The LRS depends on SCCBA members to serve on its panels, but it also needs them to run the program. The Bar Association’s LRS committee screens applicants for its panels, advises the SCCBA board about removing attorneys from panels, and oversees the program’s structure.

Writing an article for the Bar Briefs is a great way to show the Association’s members a commitment to the Santa Cruz legal community. Writing an article about a new court program means a closer acquaintance both with court staff and with the program itself. Writing an article on the law itself demonstrates knowledge in a particular area of law.

When the SCCBA directors nominate candidates to join the board, they want to know who has the commitment and competence to serve. Members who serve on the MCLE or LRS committees or who write for the Bar Briefs show the board what they can do. The board is also open to ideas for new bar programs. To become more involved in your Bar Association, call any of the board of directors or the Bar office.


Timothy Schmal Takes The Bench

The Honorable Timothy J. Schmal—then attorney Tim Schmal—greets me with a smile and enthusiastic hand-

shake as we step into Mobo Sushi on a Friday afternoon just around 12:30 p.m. It is a beautiful clear Santa Cruz spring day, but the climate is playing second fiddle to Judge Schmal’s obvious excitement and good nature.

Schmal tells me that being a judge is something that he has thought about and wanted to pursue for a long time, but it eventually got lost in

the day to day of attorney practice. Eventually, he started the two-year process to apply and experienced a steady increase of wonder and excitement as it looked like it might become a reality. I ask Schmal how he reacted when he was told he would be appointed. He stifles a warm grin before admitting: “I think my exact words were, ‘Oh my God, Oh my God!’”

We are escorted to the back of the restaurant and seated at a table close to the back door, just to the right and below the elevated “fenced in” portion of the restaurant. But being seated a little more out of the spotlight seems to suit the moment. As a judge, Schmal now has to be even more careful about his public profile. “No more free lunches” he states. I had offered to buy him lunch as I was the one imposing on him for time to sit down and give an interview. Quick to

learn the protocols since he was told of his appointment on February 24, 2018, Schmal politely declined my offer to pay. We split the check. Regarding Mobo Sushi though, he did offer, without prompting, - “I love that place.”

I ask Schmal for some biographical details.

Born in Chicago, Schmal moved to California when he was in the fourth grade. The youngest of five, he grew up in Fresno. He notes that, although he is a lifetime Californian, he still carries some of his Chicago roots with him, such as a love for the Cubs, Bears, and Bulls. In his younger days, Schmal described his love of Chicago sports teams as bordering on “a fanatic,” but that has cooled as he has waxed mature under the California sun.

These days, he says that has gone from a “fanatic” to “just a fan.”

Schmal received a BA Magna Cum Laude in Geography and Environmental Science from California State University Fresno. In 1982, he received his law degree Cum Laude from University of Santa Clara, where he was Associate Editor of the Santa Clara Law Review.

After law school, Schmal spent a year on the faculty at Santa Clara, where he taught legal research and writing.

He enjoyed the academic life, but thought that a true professor needed some practical experience to better impart knowledge of the legal profession to his students. Therefore Schmal decided to go into private practice in Santa Clara County.

Part of the theme that Schmal carries with him is the respect for others and good humor that marks his bearing. These are hallmarks of his personality. He is cheerful, positive, and enthusiastic to share with you some glimmer of the wealth of joy he seems to embody.

By Aaron Mohamed, Esq.

Judge Schmal signs his oath of office as Judge Burdick looks on

Tim with his partner Laurie and daughter Kirsten after a musical performance


Schmal attributes his professional panache to the mentors he served under as a young attorney. He started out in practice over the hill at Gassett, Perry and Frank. There, he was fortunate to work under now-Judge Joe Huber, who was one of his early influences and whom he partially credits for his warm and sincere manner, especially as an attorney.

“He was one of those guys who treats people right,” Schmal says. “It didn’t matter who you were — he knew the names of the janitors, knew the names of their kids.”

While at the Gassett firm, Schmal met his later law partners Tim Volkmann and John Burton. “I’m especially excited about working with Tim again” says Schmal of his now co-member of the bench. “Judges can have a greater role in the communities they serve by giving the community at large better access to justice.” He comments that he has looked up to Judge Volkmann for many years, first as a law partner and then as a judge. He is honored and excited to serve alongside his close friend. He says he strives to be “like Volkmann, but a bit more flamboyant.”

Of law practice, Schmal has had a deep and varied career and is one of the fortunate among us who seems to enjoy his daily work. “It is a privilege and an honor to be a civil trial attorney,” he states. “I love my job.”

Knowing that Schmal has tried a multiplicity of bench and jury trials, I try to ply some war stories out of him. Here is one that he shared with me: early in his career, he represented the Los Altos Police Department against a charge of excessive force. A young couple who lived with their mother had called police to their home on Mother’s Day to help with a domestic disturbance. When the police arrived, the parties had changed their mind and would not cooperate. Tensions ensued, with the result that the mother was arrested by the police and ended up with some bruising. The mother brought suit, vigorously represented by well-known attorney John Burris. Her daughter put on convincing testimony during direct

examination, but Schmal was able to get her to change her story during cross-examination. “I guess I put the ‘Tim’ in ‘Intimidation,’” he quipped.

However, the trial looked bleak for the defense as Schmal approached his closing argument. He needed to dig deep and began thinking of a recent trip he had taken to Sacramento. On that trip, he recalled being moved upon seeing a striking memorial to fallen peace officers. In delivering his closing argument, Schmal summoned the poignant remembrance of that monument and brought it to bear in explaining his case. He gave an impassioned closing, urging the jury to find for the defense.

When he finished, there wasn’t a dry eye in the courtroom, including his three police officer clients.

The jury returned a defense verdict. The three officers took Schmal out to dinner and he remains in contact with them to this day.

Schmal’s take away from the experience is along the lines of his theme of recognizing human dignity. For Schmal, all of the parties were worthy of respect and the dignity of the process. And he was honored to be able to be a part in providing them with both.

When not in the office, Schmal pursues life with the same optimism, vigor, and good humor that has marked his time as an attorney and that he will certainly bring to the bench. He is well known by fellow attorneys as a fitness buff. I learned at our lunch together that most don’t know the half of it. He has completed no less than 114 half-marathons or full marathons,

including the Boston Marathon on more than one occasion. His record finish for a marathon is 3:08:28 (that’s fast!) He also enjoys golf and has more recently taken up cycling. Schmal has two adopted daughters. Kendra, 27,

Tim and daughter Kendra celebrate Vancouver USA Marathon

Tim with daughters Kirsten and Kendra


has a degree in Computer Science and English from Willamette University. She is a software engineer and plays keyboard in a rock band. Kirsten, 22, is involved in musical theater (she played in a full production of Hairspray recently, which put on ten shows in the area). She will also be studying to be a nurse. Schmal’s eyes light up when he mentions his daughters. It was especially touching to learn that his younger daughter currently lives with him and that he finished his first marathon with his older daughter last Father’s Day— “but my knee almost went out around mile sixteen,” he says.

Schmal is also eager to share about his group of four very close friends whom he met through his service in Team in Training. He says that they are like his “chosen brothers.” About twelve years ago, Schmal and his friends made a pact to travel together, once a year, and to run a marathon together. Therefore, Schmal’s group calls itself the “PactMen.” Schmal refers to them as his “tribe” and it is clear that he has deep affection for them. He even presided over the weddings for two men in this group.

Our conversation comes back to the imminent news—attorney Tim Schmal is now Honorable Judge Schmal. I want to know what he thinks of that.

Schmal shared that he was very much looking forward to serving in his new capacity. (My interview with Schmal was before he was sworn in; he’s now been on the bench for two months). When I asked him why, he offered a variety of reasons; practical, professional, and personal. It is clear from meeting him and discussing his career that Judge Schmal takes great pride in his professional accomplishments. He described, with an almost sentimental air, some of the legal giants that he has had the pleasure to work with.

At the same time, if it were possible for a man with such a positive presence, he was almost melancholy about having to give up many of the service-oriented roles that

he has played. Judges are obligated not to show any public favoritism, which basically precludes him from serving on non-profit boards or fund-raising for charity organizations. In Schmal’s case, that is quite a change, as he has dedicated many hours in service to charity—two of his mainstays have been the Leukemia and Lymphomia Society (Schmal was keen to participate in the marathon fundraiser) and the Live Like CoCo Foundation. Now Judge Schmal has had to leave those organizations when he took the bench, being elevated to a more powerful position in our society

and community.

“I figure there are, what, six, seven hundred attorneys in this county?” says Schmal (Bar Association records confirm his numbers are basically accurate). “With a population of 275,000, that’s one attorney for every four or five hundred people. But with only twelve superior court judges—that’s an impact—that’s representing close to 25,000 people.” When I ask him how he feels about that level of responsibility he takes a breath and responds “well, it’s no less than an honor.”

And it is evident that he is 100% sincere. One of the things that strike you about spending time with Judge Schmal is that he is a person who tries his best to treat others as best he can. In so many ways—from the stories he tells about how he interacted with other attorneys, his dedication to working for charity organizations, his admiration for his former law partners and Judge Timothy Volkmann—his love for his two daughters—Schmal is a gem of positivity and good humor. Any practicing attorney will tell you that it takes a lot to keep an uplifted disposition within the tense, antagonistic practice of the law. But Schmal seems to do it effortlessly. I ask him where that comes from and his answer is automatic: “You know, there’s just a way you treat people, right?”

Tim with his marathon buddies Steve, Ed, John and Hao in Vancouver, British Columbia

Aaron Mohamed, Esq. is a member of the Brereton Law Office and serves on the SCCBA Board of Directors


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On Thursday, June 7, 2018 the Santa Cruz County Bar Association, in partnership with the Santa Cruz Superior Court, the Santa Cruz County Public Defender’s Office, the District Attorney, the Santa Cruz County Sheriff and the Probation Department gathered in Dept. 7 to honor Stoney Brook, a Marine Corps veteran who was instrumental in getting the Santa Cruz County Veteran’s Court up and running.

Bar Association President Jake Eschen opened the ceremony. Public Defenders Larry Biggam and Jerry Christensen introduced the speakers and expertly handled the Masters of Ceremony Role. Friends and colleagues of Stoney’s spoke on his behalf, including Veteran’s Court peer-supporter Brad Elliott, Rory Bartle of the Public Defender’s Office, Charlie Baum from the District Attorney’s Office, as well as Judge John Salazar, who currently presides over the Veteran’s Court.

Everyone who spoke had wonderful and warm stories to tell of their experiences and admiration for Stoney as a person and of his efforts in organizing the collaborative court, which is designed to provide an array of support and services to veterans involved in the criminal justice system. Judge Salazar presented Stoney with the Bar Association’s first Amicus Award, which recognizes non-lawyers whose efforts lead to the fair and compassionate administration of justice in Santa Cruz County. In addition, Assemblymember Mark Stone presented Stoney with a State Proclamation recognizing his efforts.

Needless to say, Dept. 7 was full of well-wishers and friends of the honoree. Following the ceremony, a reception hosted by the Bar Association was held in the courthouse atrium. Live music and libations led to a good time had by all. The Bar Association would like to thank the following persons for their generous donations and efforts in making this event possible: Alex Calvo, Judge John Salazar, Jerry Christensen, Larry Biggam, Rory Bartle, Charlie Baum, Page & Dudley, Tom Wallraff, John Thornton and George Gigarjian, as well as numerous Bar Association Board Members who helped during the reception.

By Andrew Janecki, Esq.

Amicus Award Presentation:Recognizing Stoney Brook’s

Contributions to the Veteran’s Court


By James Rummonds, Esq.

A few lawyers may take offense at being told how to put on their pants: it is well understood that we all put on our pants one leg at a time, and we shouldn't need to be told how. Be that as it may, this article is about an aspect of the practice of law that is high on the list of common causes of legal-malpractice claims: our practices, procedures and protocols at the time of the initial engagement. I'll break down the engagement into four parts: 1) Initial client contact, 2) the scope of engagement, 3) the fee agreement and 4) initial case analysis. This article is limited to parts 1 and 2, the initial client contact and scope of engagement. For present purposes, duties of confidentiality, loyalty and competence are assumed to exist.

The initial client contact will result from some nexus or interface between attorney and client. It could be a referral from a friend or colleague, a phone call, an email or intake form from your website, or simply your reputation in the community. It could also be a recurring client, a substitution of attorneys or even a billboard or a graphic on the side of a bus. Whatever the source of the initial client contact, a few major red flags can arise. The first red flag is the number of "persons" involved in the contact.1 If more than one, a red flag should be standing in the breeze. Multiple clients automatically mean the potential for conflicts of interest. If entities are involved as potential clients, the complexity grows exponentially. Identifying the potential clients and their interests at the outset is crucial. Failure to accomplish this can have a domino effect right up to the verdict. It may mean spending time and resources without compensation, but it is almost always worth the investment.

Another red flag that can arise in the initial client contact is the recurring client. Long term attorney client relationships often suffer from 1) the transition of a commercial relationship into a social one, or 2) a relationship that suffers from the adage "familiarity breeds contempt." If a personal and social relationship overlaps with the attorney-client relationship, expectations and actions can change. Remember another old adage: "Never

do business with friends or family." Friends and family tend to believe, and understandably so, that they occupy a higher rung on the ladder than a mere client in the attorney-client relationship. On the flip side of the coin, family and friends can sometimes be the easiest to ignore or brush aside. In the worst case scenario, such expectations can lead to heightened sensitivities and a breakdown of both relationships.

California Rule of Professional Conduct 3-120 effectively prohibits a sexual relationship with a client. But personal relationships with clients that fall short of sexual can damage your representation of them. When you see your client sitting across from you at the dinner table (yours or theirs) and attending your or their kids' birthday parties and Little League games, that's a pretty good indication you've got a personal relationship with the client. To pretend that sensitivities and expectations don't shift when the lawyer client relationship is invaded by brotherly love is at best naive and perhaps delusional.

A third red flag to be on the lookout for at the initial client contact stage occurs in what I call the hand-off. The hand-off in the context of the attorney client relationship has stark parallels to a hand-off in football. No matter how many times you practice it, the exchange in a hand-off is subject to fumble and turnover. An attorney who subs into a case (or simply takes over as lead counsel) takes on every duty involved in the case from start to finish. If mistakes have been made in pleading, discovery, law and motion, drafting or trial prep you have to stand good for those mistakes. In most cases, the mistakes may be remedial; when they are not (e.g. where the time period for discovery or some element of law and motion has closed), you need to identify the mistakes in the engagement agreement and secure the potential client's informed written acknowledgment that you are not responsible for them. If the mistake has the potential for being fatal to the client's claims, it's time to jump ship.

The final red flag at the engagement stage I address, and perhaps the most interesting, is the pathological potential client. The most common pathology that announces itself at 1 Persons includes entities such as corporations, LLCs, trusts, etc.

Back to the Basics: Engagement (or not) Red Flags


the engagement stage is the client’s obsession with the case and the role the perceived harm plays in their life and the potential client's myopic view of the facts. This potential client sees only the facts and circumstances that support their claims, the culpability of the opposing party and the a priori righteousness of their cause. The obsessed potential client is rarely a good historian, will be difficult if not impossible to prepare for deposition and trial testimony, and will likely be sniffed out by the trier of fact or even the mediator. The potential value of a case can be a powerful Siren, but with a pathological client the rocks are there to the end to wreck your case. An adage I came up with many years ago is apropos to the pathological client: You make as much money turning down potential clients as you do engaging them.

The first step in avoiding the engagement traps is to have a comprehensive set of intake documents. I recommend using three documents, custom tailored to the type of case being considered. These are 1) a Background Summary, 2) an Authorization for Release of Records and 3) an Important Notice. The Background Summary is comprehensive, consisting of four full pages of information relevant to the case, including, for example, the name, address and contact information for all witnesses. The

Background Summary ends with a declaration under penalty of perjury that all of the information is true and correct. The Important Notice is summarized in the following sentence: THIS DOES NOT CONSTITUTE ACCEPTANCE OF YOUR CASE. This admonition appears in the Important Notice exactly as written. For good measure, the same sentence in bold also appears in the declaration at the end of the Background Summary. The Authorization for Release of Records is self-explanatory. Obviously, the intended use of these documents is only as good as the follow up.

In my next article I will address the fee agreement and initial case analysis.

James S. Rummonds is board certified by the American Board of Professional Liability Attorneys (ABPLA) in the specialty of legal malpractice, board certified in civil trial advocacy and civil pre-trial advocacy by the National Board of Legal Specialty Certification (NBTA). Jim has practiced in the specialty of legal malpractice for the past 25 years and is currently available as a mediator and expert witness in legal malpractice cases throughout California and the West.

www.pulone.com



SCCBA Mission Statement: The mission of the Santa Cruz County Bar Association is to diligently promote meaningful access to justice for all persons, to provide educational and social opportunities for all of its members, and to ensure leadership on major issues affecting the profession, including the preservation of the independence of the legal profession and the judiciary.

Drinks are on us! Refer a new attorney member to the Santa Cruz

County Bar Association and we’ll send you a $10 Starbucks gift card.

Just email us to let us know who the new member is, and when they sign up, we’ll send a gift card out

to you ASAP. New members must be attorneys who have not been SCCBA members in the past two years.

Thanks a latte for your support of the SCCBA!

Attorney Members Lisa Cowan Edwin (Ted) Fairbanks B. James Fitzpatrick John Frye Debby Guidinger Drew Henwood John Hernandez Jenifer Levini Joshua LoBue Trisha Locke-Zamora Khrystsina Kisel Amanda Jackson Miller Cherish Om Stephen Prekoski Micha Rinkus Michelle Smith Associate Members Kevin Comstock Jacqueline Lackocy

Law Students Rachel Hendsbee Emily Warfield Daniel Weston

SCCBA Welcomes New Members

Lawyer Referral Service

Are you interested inworking with LRS?

We have a special need for lawyers who can serve our Spanish-speaking clients. We also need lawyers in the areas of Collections, Immigration, Insurance,

Landlord/Tenant and Personal Injury.

Our new membership year runs from July 1, 2018 to June 30, 2019

Call us: 831-425-4755email: [email protected]

or visit our website:www.LawyerReferralSantaCruz.org


“Annual Awards andState of the Court”

Speaker: Presiding Judge Paul Burdick

April 12, 2018

SCCBA MCLE

Rollie Hall Award recipient, Tom Dwyer (second from left), receives his award from Judge Paul Burdick, SCCBA President Jake Eschen, and former award recipient, Bob Wall

Gretchen Regenhardt (third from left)

receives the Access to Justice Award from Judge Paul Burdick,

CRLA co-worker Liliana Garcia, and

SCCBA President Jake Eschen


SCCBA Elbow Rub Honoring Distinguished Service Award

Recipients Steve LaBerge and

Michelle Vague, May 31, 2018


Bench Bar Report

Bench Bar Update - May 9, 2018

The quarterly Bench Bar meeting took place on May 9, 2018, at 12:00 p.m. in Department 5 of the Santa Cruz Superior Court, at 701 Ocean Street. Presiding Judge Paul Burdick ran the meeting. Also attending were Judges Timothy Volkmann and Timothy Schmal. Approximately

two dozen local attorneys attended the meeting.

The following items were reported on at the meeting:

1. Outgoing Probate Attorney Amy Henderson Amy Henderson, who has served as the Superior Court probate attorney for many years, will be leaving the position effective June 29, 2018 and going into private practice. The court will be circulating an advertisement for a replacement for Ms. Henderson’s position. Ms. Henderson was thanked by the court, and all attorneys present echoed the gratitude for her years of professional service.

2. Guide and File - Small Claims Matters Sasha Morgan, Director of Operations, reported that a new “Guide and File” program for small claims matters will be debuting shortly via the online Odyssey e-file system. This program will supplement the robust self-help program operated by the court by allowing pro-per litigants to file their own small claims matters online via a step-by-step process. Guide and File should be a useful tool for attorneys who need to refer clients whose matters are within small claims jurisdiction limits.

3. Update re: Submission of Online Orders The Court will be piloting electronic judges’ signatures on court orders in Civil and Probate matters. Depending on the success of this pilot program, electronic signatures may be expanded to other divisions. Proposed orders must now be filed electronically, with any explanatory letter included as a separate Portable Document File (pdf).

4. Miscellaneous Presiding Judge Paul Burdick reported on the following items: a. The Court has received a request that Case Management Conferences be moved from the 8:30 a.m. calendar to a time later in the day. This move is currently not feasible as the Court must keep the late morning and afternoon calendars open for trials and mediations. Participants have the option to appear telephonically. b. The Court is waiting to hear if there are any changes to the Governor’s proposed budget. Notification is expected June 15. The Court hopes to receive increased funds for the Self-Help Center, where the funds would be used to replace an attorney position lost in previous years. The Court also hopes to restore a court reporter position for trials. c. The Court has noticed a decrease in the utilization of judicial mediation. The Court is looking for feedback as to why this may be and encourages local attorneys to consider reserving a judicial mediation date. The Court estimates that a high percentage of cases that go through judicial mediation settle.

The next bench bar meeting will be held on July 25, 2018 in Department 5 at 12:00 p.m.

Please direct questions or comments you would like to be presented at the next Bench Bar meeting to the Bar office at [email protected].

By Aaron Mohamed, Esq.SCCBA Bench Bar Liaison



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Melia Powell, Senior Citizens Legal Services

What areas do you practice? Elder Law, Eviction Defense, Collection Defense, Benefits Planning and Protection and Elder Abuse Prevention.

What’s the best thing about being a lawyer? Being able to clarify issues and guide clients toward a good solution to their issue. Many of our clients would not have legal counsel were it not for Senior Citizens Legal Services, and I really enjoy knowing that I help people that are often forgotten within the legal system.

And the worst?Some clients simply don’t have the ability to follow advice on how to improve their legal situation. It’s hard to watch a situation go from bad to worse when simple actions could have improved things. It is hard to shove the toothpaste back in the tube.

What do you like to do in your free time? I like to spend time with my children, go to live music events and hike in the woods.

Where’s your favorite spot to vacation?Home - I like the staycation. I enjoy the sense of accomplishment and calm that come from spending extra time at home. I also really enjoy camping in Big Sur with my kids.

What’s your favorite food?Definitely steak and mashed potatoes.

If you could be anything, other than a lawyer, what would you be?I would like to be a novelist and write young adult adventure and science fiction novels. Someday it may happen.

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