In This Issue Certified Specialist by Linda M

A Publication of the State Bar of California

Issue 1 2009 http://www.californiaspecialist.org

Board of Specialization Welcomes New Specialties and Honors Service By Alice O’Sullivan*

am delighted to let you know that Credit must go to the BLS’s highly Ithe Board of Legal Specialization competent staff and the quality of work (BLS) recently had two historic firsts: performed by the members who served For the first time in its 34 year history, on the consulting groups, who devel- two areas of specialization were approved oped the standards for certification and by the Board of Governors of the State recertification as a legal specialist in Bar of California. And, for the first time, those practice fields. a specialty field was approved by the The BLS also thanks State Bar Board of Governors of the California Immediate Past President Jeff Bleich and State Bar within six months of com- current President Holly Fujie for their mencement of the process! encouragement and support of Legal Please join me in welcoming Admiralty Specialization program. and Maritime Law as a new specialty field Many hours of volunteer time and and Legal Malpractice law as the second much professional expertise went into new field of legal specialty certification. Continued on Page 2

How to Market Your Services as a In This Issue Certified Specialist By Linda M. Nakamura, Esq.* Report from the Chair 3 What is LAP? 6 question I am asked most often In Memoriam: Pam Dunn 7 Ais “What is the benefit of becoming a Certified Specialist?” In these hard Certificates of Probable Cause Are Required in Almost All economic times, I reply that it is an asset Guilty Plea Cases 8 to have a marketing tool that puts you ahead of the rest. Technical Notes 10 Just recently, I was sitting at a men- Lex Lingua IV 11 toring event with some high school Spotlight on a Specialist 13 students who were talking with law students from Southwestern University Law State Bar Annual Meeting 14 School. I explained that I was an immi- New Legal Specialists 16 gration attorney who is a sole practitio- Honorees 18 ner and certified specialist. In response, In Memoriam: Continued on Page 4 Lorna Maynard 20 1 http://www.californiaspecialist.org/

Editorial Staff the process of creating these new spe- County. The program, based in San Editor-in-Chief cialties. In my opinion, this is an excel- Francisco, is heard live throughout the Wesley H. Avery lent form of pro bono work in that it state and on the internet, where previ- Assistant Editor James W. Talley protects the public by providing the ous shows are archived and accessible. Editorial Staff consumer with objective information The BLS has long co-sponsored the Phyllis Culp, Kimberly Knealing about the attorneys’ qualifications. It program as part of our continued pub- Board of Legal Specialization 2008-2009 improves the level of practice for attor- lic awareness activities. Chair neys who participate in the certifica- Chuck has guests from all areas of Lester J. Friedman Vice Chair tion program and assists consumers in the law. He is a gifted interviewer who Stafford Matthews identifying attorneys whose procedural is especially skilled at getting attorneys Advisor Alice O' Sullivan and substantive skills are a match with to explain complex legal issues in ways Members the consumer’s specific legal needs. that lay people can understand. Wesley H. Avery Ultimately, of course, the consumer Once a month, the show also hosts Hagop T. Bedoyan Laura G. Dewey benefits, as formal certification protects a “Call a Lawyer Night” where col- Melbourne N. “Mickey” Gwin, Jr. the public by regulating advertising of leagues volunteer time at the station to Robert S. Havens Judith Briggs Marsh specials skills by attorneys to assure that take phone inquiries from callers. I am Carol Ross-Burnett such claims are not misleading. proud to report that certified special- Helen A. Sklar At the BLS’s Awards Luncheon held ists often support this public service by Teresa Y. Warren during the State Bar’s Annual meet- their presence and specialized knowl- Advisory Commission Chairs Mitchell E. Abbott ing in September 2008, Chuck Finney, edge. Certificates of appreciation were Appellate Law radio host of the National Public radio given to several board certified special- Lawrence D. Simons program “Your Legal Rights,” a weekly ists who have provided many hours of Bankruptcy Law call-in program on KALW 91.7 San service on this program. Susan J. Orton Francisco that features certified special- At the same awards luncheon, State Criminal Law Ann C. Harris ists as guests, was honored for his long Bar President Jeff Bleich presented Estate Planning, Trust and Probate Law time advocacy for legal consumers and BLS staff attorney Phyllis Culp with a Michael A. Fisher public education. Chuck has hosted the California State Senate Resolution hon- Family Law show for thirty years while also working oring her for her extraordinary work, Robin Day Glenn as a deputy district attorney in the field which includes over twenty years of ser- Franchise & Distribution Law Lincoln Stone of consumer protection in San Mateo vice in directing the nation’s first legal Immigration & Nationality Law specialization program. It continues to William A. Brandwein To contribute to the Digest, be a model for other certification pro- Taxation Law grams, both state and national. Nancy J. Brown please e-mail Workers’ Compensation Law The following morning, the BLS held Kimberly Knealing at: its Annual Recognition Program for Legal Specialization Digest is published for Certified Specialists in Judicial Service California’s Certified Legal Specialists by the [email protected] California Board of Legal Specialization and those who have been certified 20 and 30 years. This was the BLS’s oppor- Correspondence should be addressed to: State Bar of California tunity to thank certified specialists for The Legal Specialization Digest is a bi- Board of Legal Specialization their belief in and support of the legal 180 Howard Street annual newsletter written by and for San Francisco, CA 94105 specialization program and applaud certified specialists, containing articles (415) 538-2100 their accomplishments, experience, and Fax: (415) 538-2180 of interest to legal specialists. The [email protected] professionalism. n Website: www.californiaspecialist.org Digest also contains periodic updates on the certification program, general The views expressed in the Legal Specializa- * Alice W. O’Sullivan is the advisor to tion Digest are those of the authors and may information from the State Bar and not reflect the official policy of the State Bar Of the Board of Legal Specialization. She California, the California Board of Legal Special- the Board of Legal Specialization, is certified in Workers’ Compensation ization, or the Legal Specialization Digest. No columns from the BLS Chair and BLS endorsement of those views should be inferred Law by The State Bar of California and unless specifically identified as the official policy members, attorney profiles, and more. practices law in San Francisco. of the California Board of Legal Specialization.

2 Legal Specialization Digest http://www.californiaspecialist.org/ Report from the Chair By Lester J. Friedman* Law, Criminal Law (State and Federal), his is my first report as Chair of Estate Planning, Trust & Probate Law, Tthe Board of Legal Specialization Family Law, Franchise & Distribution (BLS). My term begins following that Law, Immigration & Nationality Law, of Alice O’Sullivan, also a certified spe- Legal Malpractice Law, Taxation Law, cialist in Worker’s Compensation Law. and Workers’ Compensation Law. The I believe that we are the first Workers’ examination will take place on Sunday, Compensation specialists in recent his- August 9, 2009 at both the Downtown tory to become Chairs of the BLS. Los Angeles Marriott Hotel and the Workers’ Compensation Law, Criminal San Francisco Airport Westin. On-line Law, and Taxation Law were approved registration is currently available. We, by the California Supreme Court as spe- of course, will continue the processing Lester J. Friedman cialty areas under the “Pilot Program" of the certification and recertification ing a comprehensive “Continuum of in 1972, so we are proud to represent applications and will honor our Judicial Professional Development” program one of the first areas of law in the Legal Officers and 30- and 20-year specialists that would recognize the specialty pro- Specialization Program. at the State Bar’s Annual Meeting in San grams’ long term commitment to com- Alice O’Sullivan followed a long Diego. petence and develop a clear pathway to line of Chairs that has moved this During my term I plan to continue specialty certification. The BLS is work- program forward to better serve the the momentum of last year by establish- ing with the Advisory Commissions on needs of both the public and practicing ing consulting groups in the fields of identifying and developing “learning California attorneys. During her ten- Personal Injury Law and Entertainment objectives” in all the current practice ure, all of the ground work for our two Law to determine the feasibility of these areas to provide to sponsors of educa- newest specialty areas, Admiralty and areas as certified specialties and to draft tion programs to use as guides when Maritime Law and Legal Malpractice proposed standards for certification and determining what level and what sub- Law, was completed. Her efforts culmi- re-certification to be published for pub- jects to present. nated in their adoption by the State Bar lic comment. The BLS considers the Publicity of the program is impor- of California’s Board of Governors at its consumer needs to be substantial in tant. We will continue to place ads in the first meeting of the new Board year in these areas and intends to meet the goal “Super Lawyer” publications to congrat- November 2008. of stemming practice abuses by provid- ulate those certified specialists identified On the national level, former chair ing the public with a readily available in these publications and to encourage and Certified Family Law Specialist resource for identifying and locating those not yet certified to become so. Richard L. Dombrow was appointed to certified attorneys available in the city or We will continue to inform the public the American Bar Association’s Standing locality where help is needed. that certified specialists meet high stan- Committee on Specialty Certification, We will continue to work with the dards, and we will encourage consum- where he provides a “California” per- State Bar’s Sections on a “Continuum ers to ask when seeking an attorney for spective to the working of that commit- of Professional Development” program. legal services, “Is that person a certified tee. His participation, along with staff Currently, certification as a legal special- specialist?” Certification gives the con- involvement and member participation ist recognizes experience, training, and sumer one way to make more informed in the ABA Roundtable, has allowed us education that an attorney has already decisions when selecting an attorney. to have input at a national level on spe- achieved. We are in discussions with the Remember, as a specialist, you can dis- cialty certification. State Bar’s Sections to develop a system- tinguish yourself in advertisements by This will be an active year for the pro- atic method for newly admitted mem- using the Specialization Logo that can gram with the administration and grad- bers or those wishing to change areas be downloaded from the website. As a ing of examinations in 13 areas of law: of practice to identify the education, result we can create more public aware- Admiralty and Maritime Law, Appellate experience, and skills needed to become ness and promotion of the program to Law (Criminal and Civil), Bankruptcy certified. Therefore, we are develop-

Legal Specialization Digest 3 http://www.californiaspecialist.org/ enhance the practice of the individual fied as specialists must pass a written specialists and increase the breadth of Marketing Your Services examination in their specialty field, choices for legal services for the public. Continued from Page 1 demonstrate a high level of experience Thus, we can add to the numbers of in the specialty field, fulfill ongoing Certified Specialists so that our self- a couple of law students told me of their education requirements and be favor- supporting program can do more to dreams to open their own offices. We ably evaluated by other attorneys and promote its value to the public. talked about what it is like to have your judges familiar with their work. We will continue to enhance our own law office: the trials, the tribula- The exam results are confidential webpage www.CaliforniaSpecialist.org tions, and how to get clients. and no one will know that you have by providing different and more effi- I was impressed with both groups. taken the test if you happen to fail it. cient methods of communicating with Southwestern University is housed in The results are only published when you and the public about the program. the old Bullock’s Wilshire Building in those who have passed have completed Since we are self-supporting, it is impor- Los Angeles. Many of the law students their task requirements and have had a tant that we increase our numbers and that attend there are working full- favorable evaluation by their peers. continue to search for ways to stream- time during law school. All of them In order to obtain my certification, line administration to reduce cost. The want to make a difference in their I had to show in my task requirements staff is going “green” and cutting back communities. that I had gone to various Immigration or eliminating the use of paper in the For the younger attorney, gaining Court (Executive Office for Immigration certification process by using elec- certification gives instant credibility-- Review) hearings. I also wrote in my tronic means of communication, when State Bar certification means that you application that I volunteered to take applicable in light of the confidentially know your stuff. I emphasized to both pro bono cases at the Master Calendar requirement of the program. If you have sets of students that to be certified you hearing, which is like an arraignment not provided an e-mail address, please must fulfill coursework and experience hearing. I took one pro bono asylum do so and also set up a Member Profile requirements, as well as pass a special case, through volunteer work at Public on the State Bar’s website. exam. You must also undergo evalua- Counsel, all the way to trial and won. I want to thank all those hard work- tion by other attorneys who can com- I have found that my being certified ing volunteers who are serving on the ment on your work. is reassuring to clients. They know that Board, advisory commissions, and con- We then discussed that members I had to pass a test in my specialty field. sulting groups, public members as well of the public can find a local certi- In addition, I have the required experi- as attorneys. For, truly, without your fied legal specialist by accessing the ence with various types of immigra- efforts and hard work, the BLS cannot Legal Specialist Search at the State Bar tion cases. function and the program cannot work. web page. Potential clients can click on State Bar certifications are award- Working together, we will not only be “Attorney Resources” on the left margin ed in Admiralty and Maritime Law, the first and oldest specialty certification of the webpage and then click on “Legal Appellate Law, Bankruptcy Law, program in the United States, but we Specialist Search,” whose web address Criminal Law, Estate Planning, will maintain our leadership throughout is http://members.calbar.ca.gov/search/ Trust and Probate Law, Family Law, the country in specialization and deliver ls_search.aspx. Franchise and Distribution Law, a meaningful, useful, and user-friendly The State Bar website informs the Legal Malpractice Law, Taxation product to our certified specialists. n public that in order to be identified Law, and Workers’ Compensation as a “certified specialist” in California, Law. There are also other certifica- * Lester J. Friedman is the Chair of an attorney must be certified either by tions by accredited organizations in the Board of Legal Specialization. He the State Bar of California Board of Business Bankruptcy Law, Consumer is a Certified Specialist in Workers’ Legal Specialization or an organiza- Bankruptcy Law, Creditors’ Rights Law, Compensation Law by the State Bar of tion whose certification program has Civil Trial Advocacy, Criminal Trial California and practices law in Beverly been accredited by the State Bar. (Such Advocacy, Family Law Trial Advocacy, Hills. an organization must have require- Social Security Disability Law, Legal ments for certification that are at Malpractice Law, Medical Malpractice least equal to those of the State Bar’s Law, Elder Law, and Juvenile Law program). California attorneys certi- (Child Welfare).

4 Legal Specialization Digest http://www.californiaspecialist.org/

The advantages of certification are • NEVER WORRY ABOUT A You have earned it—so now go out legion. NEGLIGENT REFERRAL With and use it! n • REFERRALS Other lawyers are Legal Specialist Search you can often looking for attorneys in find a specialist in any of the *Linda Nakamura is a certified spe- particular specialized fields that specialty areas in your geo- cialist in the area of Immigration and they do not practice in. They are graphic area to refer a potential Nationality Law. She is a sole practitio- happy to receive your business client to in an area of law that ner based in Los Angeles, CA. She served cards and are the best source of you do not handle. as a past Chair of the Immigration referrals. I suggest that newly Immigration is a very complicated and Nationality Law Advisory certified specialists join a group area of the law. Someone unfamiliar Commission of the State Bar Board of that has a variety of different with the complexities involved may not Legal Specialization, was past Chair types of attorneys belonging to it spot all the issues pertaining to a partic- of the American Immigration Lawyers and network from there. ular set of facts. Once you have become Assn. Southern California Chapter, past • EXPERT STATUS When you net- a certified specialist in immigration or Chair of the Los Angeles County Bar work with other attorneys, you some other field, think about writing Assn. Immigration Law Section, cur- might consider marketing your- articles for various publications, speak- rently serves on the Los Angeles County self to testify as an expert witness. ing in front of various service groups, Bar Assn. Immigration Law Executive Be the “go to” person for anyone volunteering at community events, or Committee, gives lectures for the Los with an immigration question. doing pro bono work. You can give Angeles County Bar Assn. Immigration Project Training Course in Immigration • EASY TO BE FOUND Through presentations to law firms who want to Law, is a member of the Los Angeles the Legal Specialist Search feature know about your area of the law, men- County Bar Assn.’s Litigation Law on the State Bar webpage, it is tor younger attorneys, and give lectures Section, Inn of Court, and is a Delegate easy for potential clients looking to other counsel about your specialty. for the Los Angeles County Bar Assn. to for a certified specialist in their It is even beneficial to form a net- the State Bar Conference of Delegates, geographic area to find you. working group of other certified specialists in your area of law. If you are a and serves on the Con-Ops Committee • ADVERTISE YOUR SPECIA- solo practitioner, this gets you out of of the Conference of Delegates California LITY ON YOUR OWN Once isolation and into sharing ideas. Bar Assn. (CDCBA). She can be reached certified by the State Bar, you can Do not forget to let people know at [email protected] hold yourself out to the public as that you are a “certified specialist.” such.

Upcoming Legal Specialization Examination: Sunday August 9, 2009

Given in two locations: San Francisco Airport Westin Los Angeles Downtown Marriott 1 Old Bayshore Hwy 333 South Figueroa Street Millbrae CA 94030 Los Angeles CA 90071

Fee: $300 ($350 if using a laptop PC) Registration Deadline: June 26, 2009

Legal Specialization Digest 5 http://www.californiaspecialist.org/

study estimated that 32% of all attorneys What is LAP? feel depressed at least once a week, and By Wesley H. Avery* another found that 11% of all attorneys have thought of taking their own lives at least once a month. n the first day of the 2008 Male, middle-aged attorneys are State Bar Annual Meeting O those most at risk. While only 66% of last September, at the Board of Legal the State Bar Membership is male, 81% Specialization’s meeting, Ms. Janis of LAP participants are men. And while Thibault, the Director of the Lawyer more than 35% of the State Bar is over Assistance Program (LAP) made a pre- 50 years of age, 58% of those seeking sentation. The LAP provides confiden- assistance from LAP are past their jubi- tial rehabilitation support for attorneys lee birthdays. dealing with substance abuse or mental “Because of the pressures unique to illness. Professional and peer assistance the practice of law, attorneys often need is also available to attorneys who are Wes Avery someone to turn to; that’s where LAP suffering from stress, burnout, depres- comes in,” Thibault told the BLS. “We sion, or chemical dependency. It was a According to the LAP website, which are always there to give aid to attorneys very enlightening presentation which I is a great source of information, there are with substance abuse or mental health would like to share with you. three main components to the program, problems.” In 2007, an estimated 22.3 million all of which are strictly confidential: Sadly, substance abuse and mental people in America were classified as hav- health issues among attorneys often lead 1. Short-term Counseling ing a substance abuse problem, which is to malpractice and misconduct. The ABA When you call 800-341-0572, a 9% of the adult population. Alcohol reports that “a majority of discipline LAP consultant will be available to abuse afflicted 15.5 million adults, illic- problems” involve chemical dependency answer your questions and address it drugs 3.7 million, and 3.3 million or stress. It is for this reason that LAP your concerns about any personal had problems with both. Although less was created, to help identify and com- problem negatively affecting your than 25% of alcoholics seek treatment, bat substance abuse and mental health work performance. The consul- 10.3% of employed men and 4.1% of issues before they affect the lawyer’s prac- tant can arrange up to two free employed women need help. Amongst tice. Attorneys may participate in LAP counseling sessions for you with attorneys, the problem is even greater. whether or not they have past or pending a professional in your area who According to recent studies in disciplinary matters. As such, LAP is sep- specializes in assisting attorneys Arizona, Washington and Maryland, arate from the Alternative Disciplinary with personal impairments. the alcoholism rate amongst attorneys Program (ADP) of the State Bar. is 15-18%. It thus comes as no surprise 2. Career Counseling The mission of the LAP, according to that suicide is one of the leading causes If you are experiencing any chal- its website at www.calbar.ca.gov/lap, “is of premature death among attorneys. lenges with your career, call to enhance public protection, maintain Suicide was the third leading cause 800-341-0572, and a LAP con- the integrity of the legal profession, and of death for attorneys after heart attack sultant can arrange up to two support recovering attorneys in their and cancer. Indeed, the rate of suicide free counseling sessions with a rehabilitation and competent practice of for attorneys was almost 6 times that of career counselor who specializes law.” The LAP offers services that address the general population, and the group in assisting attorneys who wish to stress, burnout and other personal issues, most at risk is attorneys and judges make a positive career change. as well as individual counseling, referral between the ages of 48 and 65, which assistance, consultations for rehabilita- is the majority of our certified legal 3. Supportive Recovery tion, and private peer support groups. specialists. Program LAP also provides assistance to family But attorneys tend to have other Any attorney challenged with members, friends, colleagues, and judges issues as well. A Johns Hopkins study substance abuse or men- who wish to obtain help for an impaired revealed that of all professions, attor- tal illness should contact the attorney. neys lead the nation in depression. One Lawyer Assistance Program at

6 Legal Specialization Digest http://www.californiaspecialist.org/

877-LAP-4-HELP (877-527- tions or treatment that may be needed. ing development of MCLE courses and 4453), to gain extensive support However, no attorneys will be barred outreach efforts. and expert guidance with recov- from participating if they are not able to Janis ended her presentation by ery efforts. pay their own way. Plans offering loans emphasizing that “participation in LAP Continuing legal education credit to cover program costs are available to is sometimes in lieu of disciplinary through free self-study MCLE is also those in need. “Historically, professional action. In any event, participation is available at the LAP website. assistance programs have had a suc- confidential as mandated by law. No In short, LAP offers members of the cess rate of about 70 percent—success information concerning participation Bar long-term structure and peer sup- meaning participation for five years, a in the program will be released without port. Attorneys may self-refer into LAP minimum of three years of uninterrupt- written consent from the attorney.” or may be referred as the result of an ed sobriety and lifestyle changes which For additional information, call Janis investigation or disciplinary proceed- enhance sobriety,” Thibault said. at 877-LAP 4 HELP (877-527-4435) or ing. In some cases, participation may Thibault has been the director of LAP e-mail her at [email protected]. All affect the level of disciplinary sanctions. since it was formed in 2002 as a result calls are confidential, and the life you Members and former members of the of Senate Bill 479 authored by Senate save could be your own. n State Bar are all eligible to participate. President Pro Tem John Burton, D-San Program administration and some ser- Francisco. Thibault’s duties include * Wesley H. Avery, Esq. is a member of vices are funded by a portion of the overseeing the hiring of staff, devel- the Board of Legal Specialization. He is annual dues for lawyers. Participants in oping a budget, directing placement a Certified Specialist in Bankruptcy Law the LAP Support Recovery Component of statewide support groups, creating (State Bar of California Board of Legal will only pay for the cost of lab fees, formal rules and regulations to govern Specialization) and Business Bankruptcy weekly support groups, and any evalua- the diversion program, and supervis- Law (American Board of Certification).

Pamela Dunn Remembered ertified Appellate Law specialist Association of Southern California CPamela E. Dunn unexpectedly Defense Counsel. She was a member of passed away on Friday, December 26, the Board of Trustees of the Los Angeles 2008. Appellate Law was added to the County Bar Association at the time State Bar’s Program for Certifying Legal of her death, had chaired that organi- Specialists in 1995, and Pam was among zation’s Appellate Courts Committee, the first attorneys to join the program helped form its AIDS Service Project, when she became certified in 1996. and was an architect of its Settlement Pam had battled lupus for several years Conference and Mediation Program. and her heart apparently failed due to Pam served on a number of State Bar complications from the disease. Pam committees, including the Committee was a principal in Dunn Appellate Law on Appellate Courts, which she chaired. in Pasadena. She previously worked at She was a member and chair (2007- Greines, Martin, Stein and Richland, 08) of the Appellate Law Advisory LLP, Robie & Matthai, P.C., and Dunn Commission and was a member (2007- Pam Dunn Koes, LLP, all in Southern California. 08) of the State Bar of California’s Florida and her law degree from Pam belonged to numerous pro- Board of Legal Specialization. She also Southwestern University in 1984. Prior fessional organizations, including the served as an adjunct associate profes- to law school, Pam was a teacher and a Federal Bar Association, the American sor of law at Loyola Law School and at music critic for a newspaper in Florida. Bar Association, Women Lawyers of Los Southwestern Law School. She is survived by her partner, Maria Angeles, California Women Lawyers, Pam earned her undergraduate Cousineau, also a lawyer, and by her Lawyers for Human Rights, and the degree from the University of South two children, Cary and Casey. n

Legal Specialization Digest 7 http://www.californiaspecialist.org/ Certificates of Probable Cause Are Required in Almost All Guilty Plea Cases By Gary McCurdy*

n recent years, there has been a v. Hoffard (1995) 10 Cal.4th 1170, 1178- Panizzon pleaded no contest to various Isignificant development in when a 1179. In other words, it is not up to felony counts as part of a plea bargain. certificate of probable cause is required the superior court judge to determine It was agreed that his sentence would be in order to preserve the right to appeal whether the argument will prevail (in life with the possibility of parole, plus after a guilty plea. See Pen. Code § contrast to the judge’s right to consider 12 years, and that was the sentence he 1237.5 and Cal. Rules of Court 8.304(b). the merits of an appeal when considering received. He later appealed, claiming The test used to be simple--did the whether to set bail on appeal, per In re that his sentence was cruel and unusual, event appealed from arise after entry of Podesto (1976) 15 Cal.3d 921). The judge and disproportionate to that imposed the plea? But that has become a trap for is limited to determining whether the on his codefendants. The Supreme the unwary, resulting in the dismissal of grounds stated are clearly frivolous and Court concluded that the defendant had appeals even where the defendant might vexatious. If they are not, the judge must bargained for that sentence, and any have had a good argument for relief. issue the certificate. And if the judge does attack on that sentence was an attack on The application for certificate of the plea bargain, which was a challenge probable cause is “... a written state- to the plea itself. Therefore, a certificate ment, executed under oath or penalty The judge is limited to of probable cause was required. of perjury showing reasonable constitu- determining whether the grounds A decade later, in People v. Shelton tional, jurisdictional, or other grounds stated are clearly frivolous and (2006) 37 Cal.4th 759, the Supreme going to the legality of the proceed- vexatious. If they are not, the Court ruled that a certificate of prob- ings.” (Rule 8.304(b).) It must be filed judge must issue the certificate. able cause was required to challenge the within the same period that the notice And if the judge does not, then legality of the sentence in a plea bargain. of appeal must be filed--60 days under counsel must pursue by way of The defendant in Shelton pleaded guilty rule 8.308(a). The deadline is jurisdic- writ of mandate. to two of the five counts in an agree- tional and cannot be extended. See In re ment that specified that he would be Chavez (2003) 30 Cal.4th 643. But see sentenced to prison for a term no high- In re Benoit (1973) 10 Cal.3d 72, which not, then counsel must pursue by way of er than three years eight months. (He might give rise to a finding of construc- writ of mandate. was ostensibly facing four years eight tive filing if an incarcerated defendant As a result of several Supreme Court months.) It was clear that he was free timely asks his or her attorney to file a decisions since 1996, here’s the bottom to argue for a shorter term than that. notice of appeal. line: If the defendant participated in After hearing argument, the trial court The superior court judge has 20 days a plea bargain that either (a) limited imposed the three years eight months. to act on request for certificate of prob- the sentence to something less than On appeal, the defendant argued that able cause. If the judge fails to act, it the maximum, OR (b) resulted in the Penal Code section 654 barred double is deemed denied. If the application is dismissal of some of the counts (i.e., punishment, so the sentence should be denied, the remedy is by way of peti- without a limit on the sentence), he will reduced to three years. tion for writ of mandate. See People v. not be able to challenge the legality of The Supreme Court in Shelton again Buttram, supra, 30 Cal.4th 773, 793; that sentence without a certificate of decided that this was tantamount to People v. Holland (1979) 23 Cal.3d 77. probable cause, because the challenge an attack on his plea agreement. He The trial court must issue a certificate if to the sentence will be deemed to be a had expressly entered into a bargain the defendant’s statement presents “any challenge to the plea bargain and plea. where it was understood that he would cognizable issue for appeal which is not The seminal case is People v. Panizzon be sentenced to a prison term not to clearly frivolous and vexatious ....” People (1996) 13 Cal.4th 68. The defendant in exceed three years eight months. Since that was the sentence imposed by the 8 Legal Specialization Digest http://www.californiaspecialist.org/ court, he received the benefit of his Acknowledging that the plea agree- ly have merit, but it does not attack bargain. Any challenge to the sentence ment did not expressly establish a lid the validity of the plea.” on legal grounds was a challenge to his on the possible sentence, the Supreme There may be some things counsel plea, so a certificate of probable cause Court in Cuevas determined that the can do to ensure that the client can have was required. He could have argued defendant sustained a major benefit in meaningful appellate review. When a that the trial court abused its discretion defendant enters into a plea bargain, in selecting the upper term rather than counsel might consider insisting that the middle or the lower term (see People the plea agreement contain express lan- But by agreeing to a lid of three v. Buttram (2003) 30 Cal.4th 773), and guage that the defendant agrees only years eight months, he was that would not have been a challenge to to a lawful and authorized sentence tacitly approving that three his plea, because the agreement contem- within the range agreed to. Or if there years and eight months could plated that he could present argument is no agreement as to sentencing, but be lawfully imposed. If he had a on the selection of the components of counts are to be dismissed, when the problem with the legality of the the sentence. But by agreeing to a lid of judge advises the defendant of the pos- sentence, he should have raised three years eight months, he was tac- sible maximum sentence for the counts it at the time he entered his plea. itly approving that three years and eight of conviction, perhaps the defense months could be lawfully imposed. If he response should be that the defendant had a problem with the legality of the acknowledges that the court is stating sentence, he should have raised it at the what it believes to be the maximum time he entered his plea. (See also Rule the dismissal or reduction of various sentence allowable, but the defendant of Court 4.412(b), which requires that charges and enhancements. His under- is not waiving any right to challenge the defendant raise section 654 issues standing when he entered his plea (that any portion of the sentence that might at the time the plea is entered when the 38 years 8 months could be imposed if be illegal or unauthorized. After all, plea agreement places a limit on the the court sentenced him to the maxi- what prosecutor or judge can complain sentence and the defendant is sentenced mum) constituted his agreement that about a defendant wanting only a law- to that limit or a lower term.) he could be sentenced to that maxi- ful, authorized sentence? On July 10, 2008, the Supreme mum. An attack on the legality of the There is no guarantee that stating Court decided yet another case on this components of his sentence was tanta- such reservations on the record will subject, People v. Cuevas (2008) 44 mount to a challenge to his agreement preserve the right to challenge unlawful Cal.4th 374. In Cuevas, the defendant that he could be sentenced to 38 years 8 sentences. But it is certainly better than entered into a plea bargain in which months, and was thus a challenge to the saying nothing at all, and, coupled with many counts and weapons enhance- plea. A certificate of probable cause was successful pursuit of the certificate of ments were reduced or dismissed. therefore required. probable cause, the defendant’s inter- Although the trial court advised the On the basis of the foregoing, it ests will be protected as much as legally defendant of the maximum possible can be deemed well settled that a possible. n sentence that could be imposed (as defendant in a plea bargain is going part of the potential direct conse- to need a certificate of probable cause *Gary McCurdy is a Certified Specialist quences advisement required when- in almost every case to challenge the in Criminal Law (State Bar of California ever any defendant pleads guilty or no legality of the sentence. A certificate Board of Legal Specialization). He contest), there was no agreement that might not be required to argue sim- practices in Sacramento at the Central the sentence would be limited to any- ply that the judge abused his or her California Appellate Program. thing shy of the maximum allowed for discretion in imposing the sentence the counts the defendant pleaded no chosen, but that is often an uphill contest to. Nevertheless, the Supreme battle, particularly given the revisions Court held that a certificate of prob- to the Determinate Sentence Law last able cause was required for the defen- year. Even Buttram, at page 777, states dant to argue that Penal Code section “Such a claim [that the sentencing 654 barred multiple punishments. court abused its discretion] may rare-

Legal Specialization Digest 9 http://www.californiaspecialist.org/ Technical Notes from Bovitz.com:What Should I do With that Old Computer? By J. Scott Bovitz*

drive a slow pickup truck -- but I ent”) and California Rule of Professional Ilike fast computers. Conduct 3-100(A) (“A member shall Every year, I look forward to pur- not reveal information protected from chasing the latest laptop (notebook) disclosure by Business and Professions computer. I know that I will need to Code section 6068, subdivision (e)(1) work for a few weeks to make the new without the informed consent of the computer do everything at warp speed. client”). But I love the smell of solder and tech- Your old computer has a hard drive. nical brain twisters, so this struggle is That drive probably contains data about not as awful as it sounds. your clients. My latest purchase is a blazingly fast You will take reasonable steps to pre- J. Scott Bovitz notebook (the “gaming dominator”) vent unauthorized disclosure of the clients’ from Digital Storm (http://www.digi- files and confidences before passing along talstormonline.com). From my com- your working computer to another. are programs which will overwrite the munications with the manufacturer, But how? boot record and all of the sectors of the I have concluded that Digital Storm Search on google.com or your favor- hard drive. Some experts recommend is operated by 20-year-old computer ite search engine for “completely erase” “Boot and Nuke” as a means of wiping geeks. But these smart folks make a very and “hard drive.” Read the latest theo- the contents of any hard disk. nice product. ries. One practical article can be found Finally, the old school method is to My Digital Storm has a lightning at http://www.microsoft.com/australia/ remove and destroy the hard drive. I fast solid state hard drive. This is the smallbusiness/issues/technology/pro- prefer the vise for this job. (Wear eye hard drive of the future, with no mov- tect/harddrive.mspx. protection!) I’m told that the Pentagon ing parts. Here is my view. also follows a destruction protocol. The Even with advance due diligence “Deleting” documents on the hard person who will receive your computer on manufacturers’ web sites, it appears drive is a good idea, but never sufficient. can purchase a new hard drive from Fry’s that a few pieces of outboard hardware This will not destroy the data. Electronics or the local computer store. just won’t work under Windows Vista Some programs (e.g., Norton’s Please send me your own strategy for Ultimate (64 bit!). This was expected. System Works) include an application this sticky problem. There is one obvious drawback to which will wipe currently unoccupied J. Scott Bovitz upgrading. What are you going to do areas on the hard drive. When combined Bovitz & Spitzer with the old computer? with “deleting” the client files, this may 880 West First Street, Suite 502 Possibly, you can pass the old com- be sufficient (while preserving the oper- Los Angeles, California 90012-2430 puter along to someone in your office. ating system). Tel: 213-346-8300 | Fax: 213-620-1811 Or maybe you can press the old com- You might format the hard drive sev- Email: [email protected] puter into service at your house. Ask eral times. (Don’t use the “quick format” http://bovitz-spitzer.com n your accountant! option. This is less secure.) However, But before you pass along your old formatting only destroys the address *J. Scott Bovitz is the senior partner of computer to anyone, you need to think tables in the computer. This will also Bovitz & Spitzner in Los Angeles. He about Business and Professions Code destroy the operating system, which is a Certified Specialist in Bankruptcy section 6068(e)(1) (An attorney must must be reinstalled if the computer is Law (State Bar of California Board of “maintain inviolate the confidence, and going back into service. Legal Specialization) and in Business at every peril to himself or herself to If you do not want to destroy the Bankruptcy Law (American Board of preserve the secrets, of his or her cli- hard drive, consider “disk wiping.” There Certification).

10 Legal Specialization Digest http://www.californiaspecialist.org/ Lex Lingua: An Ode to Rumpole By James W. Talley*

here is an old saying attributed to on in watching episodes of Rumpole and TWinston Churchill that describes did some research. The definitions of the England and the United States as “two terms are as follows: countries separated by a common lan- Barristers, also known as counselors, guage.” Clearly, there are significant dif- are set apart by the fact that they serve ferences between English English and as trial lawyers. Barristers are resorted American English. Indeed, those dif- to by solicitors (who, in America, we call ferences are also prevalent in the two general practitioners) for written expert countries as well. opinions in special fields of the law. In The inspiration for this piece stems short, a solicitor is the person that that from the old British television series client retains and the solicitor, in turn, James W. Talley Rumpole of the Bailey. While many read- retains the barrister. ers are familiar with Horace Rumpole Another delicious English term that changes to the male gender, the initials and his mastery of the art of criminal I discovered watching Rumpole is nob- would become K.C. for King’s Counsel. defense in the old Bailey Courtroom ble. In our United States legal system, To understand the term take silk, it must in London, England, many other read- if anyone, including a lawyer, tries to first be understood that the silk is the ers are not, and thus, this brief expla- improperly communicate with or tam- robe worn by a Q.C., which replaces the nation is provided. In the series, the per with a judge, juror, or witness, we ordinary robe worn by counsel other lead character, Horace Rumpole, is a use such terms as tampering, improper than a Q.C. Thus, to take silk refers very talented criminal defense attorney communication, undue influence, and to the process of a barrister/counsel who is, nonetheless, seen as “infra dig” the like. In the UK, the term of choice is becoming a Q.C. primarily to his fellow attorneys and, nobble. Examples of its use include the In watching and rewatching Rumpole to a similar extent, to the judiciary. following: episodes over the years, I have become The Rumpole of the Bailey series was a. One nobbles a jury to get the acquainted with some delightful phrases run on the United States PBS stations desired verdict. uttered by Rumpole and other charac- from 1978 until 1992. When it went off b. Outside of the legal system, one ters in the series. In one episode, a newly the air, I truly missed it, but in recent might nobble a race horse to pre- appointed judge mishandles a trial so years, the series first became available vent its winning. badly that he is the subject of several on video tapes, and now I have the full scornful London newspaper articles and In the United States, a brief is a writ- set on DVD. television news reports. In confronting ten outline submitted to the court dur- The purpose of this piece is to the trial judge about the mess he has ing the course of litigation. In Britain, explore the differences between English created, the supervising judge sums it however, a brief is the solicitor’s instruc- English and American English, par- up with the statement: “Well, you’ve cer- tions to the barrister at the time the bar- ticularly in the legal arena. One of tainly made a pig’s breakfast out of this rister is retained. To drive home the UK the differences most often noted is the one, haven’t you?” definition of brief, a briefless barrister is term chambers. In our American court In another episode, Rumpole is very an unemployed one. system, we are all familiar with the fact upset by the trial judge’s repeated preju- Back in the ‘80s, after watching that chambers refers to the offices that dicial remarks to the jury that Rumpole’s numerous episodes of Rumpole, I fre- each judge has adjacent to his or her defense was not plausible, implying that quently heard the terms Q.C. and take courtroom. Not so in jolly old England, Rumpole’s client was guilty. Finally, silk and eventually decided it was time where chambers refers to the offices of Rumpole couldn’t take it anymore and to get educated as to the definition of the barristers, solicitors, and counselors uttered the wonderful phrase, “Your those terms. The initials Q.C. stand where they meet with their clients. As Lordship, aren’t you engaging in prema- simply for Queen’s Counsel, though if to the distinction between barristers ture adjudication?” and when England’s reigning monarch and solicitors, I became intrigued early

Legal Specialization Digest 11 http://www.californiaspecialist.org/

A nickname that was used regularly his chambers Portia. As a side note, the Additionaly, Inns of Court, as used in in the Rumpole series led me to a bit of dictionary defines the noun Portia as a England, refers to the buildings owned Shakespearian education. One of the female lawyer. and used by the aforementioned four regular characters in the Rumpole series Most California lawyers have par- legal societies. was a female member of Rumpole’s ticipated in Inns of Court education To wrap this piece up, I heartily rec- chambers, one Philada Trant (later programs to improve their lawyering ommend to anyone who is interested Philada Erskine-Brown when she mar- skills, myself included. While I assumed in learning more about britspeak the ried). Philada was a beautiful and strong- that the Inns of Court had its roots in delightful book British English A to willed female barrister who Rumpole, England, it wasn’t until I had become Zed authored by Norman W. Shur and and only Rumpole, always addressed as addicted to the Rumpole series that I revised in its third edition by Eugene Portia. After hearing Rumpole utter the mustered up the motivation to research and Richard Ehrlich and published by nickname Portia several times, I decid- the roots of Inns of Court. It turns out Checkmark Books. n ed to do some research and learned that that the term refers to the four volun- Portia was the heroine of Shakespeare’s tary legal societies in England, namely * James W. Talley is certified as a spe- Merchant of Venice. For the bardolators the Lincoln’s Inn, the Inner Temple, the cialist in both Family Law (1980) and who read this piece, you will recognize Middle Temple, and Gray’s Inn. These Workers’ Compensation Law (1987) by that Portia, in the Merchant of Venice, four legal societies have traditionally the State Bar of California Board of was a woman who masqueraded as had the exclusive privilege of calling Legal Specialization. He is a member of a lawyer (men only need apply back candidates to the English bar after they the editorial board of the State Bar Legal then). Thus, Rumpole, who loved to have received the appropriate instruc- Specialization Digest. Mr. Talley can be quote Shakespeare, found it irresistible tion and taken the required exami- reached at [email protected]. to nickname the lone female member of nations that the inns alone provide.

Lex Lingua Letters to Editor

1. In the spirit of your column, plural present indicative of exire mean- that the correct form for the first person I ask that you include in an upcoming to go out. The third-person singular singular would be ego exio, I leave. Enter ing issue a wonderful word that I just present indicative of exire is exit. When Romeo. Exit Romeo. Enter Romeo and discovered that certainly applies to the one player leaves the stage the direction is Juliet. Exeunt Romeo and Juliet. Mickey feelings of some of my family law cli- exit. When two or more players leave the Gwin, CFLS, Merced, California ents when bad things happen to their stage, the direction is exeunt. Therefore, 4. Given your obsession with mat- estranged spouses. The word is schaden- the newspaper headlines should have ters linguistic, I thought you would freude, which is defined as the malicious proclaimed Exit Bret Favre. David M. enjoy this: Sesquipedalian n. One who satisfaction of pleasure one derives from Luboff, Beverly Hills, Ca. is inordinately infatuated with poly- the misfortunes of others. Keep up the 3. I thoroughly enjoyed your Lex syllabic obfuscation, preferring never good work. Winifred Whitaker (newly Lingua column and bring this infor- to employ a less complicated syntactic certified family law specialist), Vista, mation to you for whatever worth it arrangement of descriptive words when California. may have. The word exeunt is the third there exists a single expressive unit that 2. I enjoy reading your musings on person plural, present indicative of the amalgamates the multiplicity of mor- the English language, but I was surprised Latin exire meaning to go out or leave. phemes. In other words, a sesquipe- to see the error you made regarding It is, as you said, a stage direction for dalian is one who would call a spade a stage directions. The editor who wrote two or more actors to leave the scene. manuo-pedal excavationary implement. the headline Exeunt Bret Favre erred Literally, they leave. The third person Patti Ratekin, Commissioner, San Diego in his use of the word exeunt unless, of singular, exit, is a stage direction for one County Superior Court. n course, Mr. Favre has developed multiple actor to leave the scene. Literally, he, she, personalities. Exeunt is the third-person it, leaves. My Latin is rusty, but I suspect

12 Legal Specialization Digest http://www.californiaspecialist.org/ Spotlight on a Specialist: Peter C. Anderson

By Wesley H. Avery*

eter C. Anderson is the United to name a few. Mr. Anderson PStates Trustee for the Central graduated from the University District of California. He became a of Southern California with certified specialist in Bankruptcy Law in a BS (cum laude) in Business October of 2006. Administration in 1979 and “Specialization assists the public in from Loyola Law School with identifying those attorneys who have a JD in 1982. While at Loyola, the skills and have taken the extra time Peter was an extern to the and effort to meet the rigorous stan- Honorable Dickran Tevrizian, dards of the State Bar,” Anderson told Jr. when he was still a Superior me when I interviewed him over the Court Judge. phone recently. “It is the hallmark of the Before becoming the U.S. legal professional.” Trustee, Anderson was a sole Peter has been AV Rated by practitioner and before that, a Martindale-Hubbell since May 1999. partner at Roquemore, Pringle Although he has been the United States & Moore (RPM) for several Trustee since August of 2006, prior to years. At RPM, Peter’s focus was that time he practiced in all areas of bankruptcy trustee work. Peter bankruptcy law. As the United States was a member of the Panel of Trustee, Peter is responsible for the Bankruptcy Trustees of the enforcement of the Bankruptcy Code Central District of California in the Central District of California, an from October 15, 1992 until his area of some 17 million consumers. To appointment as the U.S Trustee, help him carry out these duties, Peter and as a trustee, was a party in Peter C. Anderson manages a staff of 70 lawyers and legal thousands of cases. From 1985 to technicians who are spread out in offic- 1988, Peter was a staff attorney with the Bankruptcy Courts. Anderson has es located in downtown Los Angeles, Office of the United States Trustee for testified in civil and criminal trials as Santa Ana, Riverside, Woodland Hills Region 16 that he now heads. Before that, Bankruptcy Trustee and expert witness and Santa Barbara. He also spends time Mr. Anderson worked for the U.S. Small relating to Bankruptcy law. commuting to Washington, D.C. to Business administration and then the Peter has been counsel of record in coordinate with the Executive Office Federal Deposit Insurance Corporation several notable published decisions. As a for United States Trustees, an arm of the (FDIC). While at the FDIC, Anderson staff attorney with the OUST, Anderson Department of Justice. organized was what at the time the larg- litigated the issue before Judge Barry Peter is a widely-sought after speaker. est single auction ever held by that gov- Russell as to whether professionals in He has addressed the Bankruptcy Judges ernment agency in Southern California. certain reorganization cases may be paid of the Central District of California, As a lawyer, Peter has represented without court approval. This resulted in the Orange County Bankruptcy Forum, clients including, but not limited to, the landmark appellate decision In re the Los Angeles County Bar Consumer the FDIC, RTC, debtors, and Chapter 7 Knudsen, 84 B.R. 668 (Bankr. 9th Cir. Law and Bankruptcy Section, the Trustees, in all phases of civil litigation 1988) which held that a bankruptcy Bankruptcy Section of the Beverly from initial client interviews through court may authorize a fee payment and Hills Bar Association, the California trial and appeal before all State Trial application procedure whereby pro- Association of Mortgage Brokers, and Appellate Courts, Federal District fessionals employed by the debtor-in- and the Central District Consumer and Appellate Courts, and courts of possession may be paid each month Bankruptcy Attorneys Association, special jurisdiction including the U.S. without prior court approval of billing

Legal Specialization Digest 13 http://www.californiaspecialist.org/ statements. In re Knudsen is commonly answer is he can. Former bankruptcy Bar Association, the Central District cited in bankruptcy courts all over the judge (and current certified bankruptcy Consumer Bankruptcy Attorneys country, and its holding is an integral law specialist) Kathleen P. March held Association, the Jonathan Club, and part of any large reorganization. Quite that in such an instance the bankruptcy the Bankruptcy Inns of Court. He was a legacy. court could be deemed to have per- the recipient of the Calvin K. Ashland Three years later came In re Moffat, sonal jurisdiction over such a party. The Award in 2007, which is an annual 959 F.2d 740 (9th Cir. 1991). Here, as Ninth Circuit affirmed, recounting the award presented to those who, in the counsel for a chapter 7 trustee, Anderson long history of where implied author- course of their profession, exemplify litigated the issue as to what constitutes ity to accept service of process may be compassion, understanding, and con- a matured annuity that would be sub- found. Focus Media, 387 F.2d at 1082. cern for consumers and individuals. ject to liquidation as a non-exempt asset Anderson has achieved prominence Mr. Anderson is also an update author through a bankruptcy estate. Moffat is as a panel trustee in litigation, too. The for the CEB treatise Personal and Small commonly cited by consumer bank- published decision Carter v. Chapter Business Bankruptcy Practice which is ruptcy attorneys even today. 7 Trustee Peter C. Anderson (In re widely used by the consumer bar. More recently, in Rubin v. Pringle Carter), 182 F.2d 1027 (9th Cir. 1999) Peter, his wife Diana, and their chil- (In re Focus Media, Inc.), 387 F.2d 1077 involving Nell Carter, the actress, is dren live in Glendale. Peter and his (9th Cir. 2004), Anderson as counsel often cited for the proposition that family are active with Saint Andrews to a plaintiff chapter 7 trustee litigated draws from a subchapter S corporation Church and the Boy Scouts. n the issue as to whether a lawyer can in which a debtor is the only share- be deemed to be his client’s implied holder may constitute earnings which * Wesley H. Avery is a member of the agent to receive service of process in a are exempt under California law. Id. at Board of Legal Specialization. He is a bankruptcy adversary proceeding when 1032-1033. Certified Specialist in Bankruptcy Law that lawyer repeatedly represented that Mr. Anderson is a member of the (State Bar of California Board of Legal client in law and motion matters in the National Association of Bankruptcy Specialization and Business Bankruptcy underlying bankruptcy case. The simple Trustees, the Los Angeles County Law (American Board of Certification).

The State Bar of California Annual Meeting 2008

Special Admissions and Specialization Annual Meeting Booth Alice O'Sullivan and "Your Legal Rights" Host Chuck Finney

14 Legal Specialization Digest http://www.californiaspecialist.org/ The State Bar of California Annual Meeting 2008

20- and 30-Year Certified Specialists

(Left to Right) Dolores T. DeLeon, Ronald H. Bonaparte, William A. Brandwein, Roger M. Sublett, Miles D. Friedman John W. Munsill, Marc H. Weitzman, Ann Kanter, and Paul L. Basile

Outgoing Board of Legal Specialization Chair Alice O'Sullivan and BLS Chair Alice O'Sullivan and State Bar President Holly J. Fujie Incoming Chair Lester J. Friedman

Legal Specialization Digest 15 http://www.californiaspecialist.org/

The Board of Legal Specialization Would Like to Congratulate and Welcome the Following Certified Specialists to the Legal Specialization Program (Certification Dates: May 1, 2008 through January 16, 2009)

Appellate Law Estate Planning, Trust and Probate Law Brendan J. Begley Sacramento Afshin A. Asher Los Angeles Thadd Allan Blizzard Sacramento Harold George Ayer, Jr. San Diego William Eric Blumhardt Walnut Creek Elizabeth A. Bawden Beverly Hills Charles Marchand Bonneau, Jr. Sacramento Alma S. Beck San Francisco Daniel H. Bromberg Redwood Shores Deborah K. Boswell Santa Barbara Paul V. Carelli IV San Diego Oliver Whitney Bray Martinez Dylan B. Carp San Francisco Alan Edward Burchett Chico Guylyn Remmenga Cummins San Diego Melissa A. Gabe San Francisco Kathryn M. Davis Pasadena Edward W. Goodson San Ramon John G. Derrick Santa Barbara Teresa A. Gorman Laguna Woods Eric A. Grant Sacramento Sean K. Higgins Los Angeles Stephen M. Lathrop Rolling Hills Bradley R. Kirk Irvine Estates Patrick K. Moloney San Francisco Frank S. Moore San Francisco Juliette D. Nguyen Redwood City Michael A. Morguess Los Angeles Matthew Charles O’Donnell Menlo Park Carmenella A. Roussos Elk Grove John B. Palley Sacramento Mark Schaeffer Sherman Oaks Steven M. Ratner San Diego Jon R. Williams San Diego William Derrick Raymond, Jr. Ventura Thomas W. Shaver Orinda Russell D. Stanaland San Francisco Bankruptcy Law Jeffrey Manuel Sydney Woodland Hills Fredrick E. Clement Redding Sherrill Yukie Tanibata Los Angeles Judith Ann Descalso Escondido Kendall A. VanConas Oxnard Gary M. Kaplan San Francisco Ronald P. Wargo II Santa Rosa Jeffrey B. Smith Long Beach Michael John Wittick Rancho Santa Jeffrey Lynn Sumpter Los Angeles Margarita Family Law Criminal Law Kathryn A. Anderson Oceanside Dean Benjamini Palm Desert Carole D. Baldwin San Diego Anthony E. Colombo, Jr. San Diego Miranda L. Barber Fairfield Roberto R. Dulce Fresno Michael Bishay Valencia Fredric J. Gagliardini Bakersfield Anna C. Brace Newport Beach Esmeralda H. Garcia Fresno Bret E. Campoy Santa Rosa Carl A. Monopoli Fresno Christine N. Carlson Fairfield Courtney E. Pilchman Irvine Rhoda A. Chandler Vacaville Andrea A. Rathburn Indio Chaoyi S. Chen San Gabriel Joseph M. Tully Martinez Dawn D. Cowles Murrieta Allison M. Zuvela Woodland Charles H. DeLacey San Francisco

16 Legal Specialization Digest http://www.californiaspecialist.org/

Family Law Continued Franchise & Distribution Law Katia T. Diehl Palo Alto Tal S. Grinblat Encino Kelly C. Doblado Carlsbad David Carl Gurnick Encino Robert Keith Famulener Walnut Creek Darryl Alan Hart San Francisco Brook M. Foster Scotts Valley Peter Clark Lagarias San Rafael Rebekah A. Frye Palo Alto Bruce William McDiarmid San Francisco James E. Goldstein Fresno Timothy A. Pickwell San Diego Charles M. Green Los Angeles Cathleen M. Pilliod Mission Viejo Jean Greenbaum Oakland Charles G. Towle San Francisco Patricia A. Hendrickson Huntington Beach Gerald W. Hokstad San Diego Immigration and Nationality Law Anne B. Howard Carlsbad Robert G. Nadalin San Diego Jeffery S. Jacobson Los Angeles Donald K. Sheppard San Diego Andrew P. Johnson Vista Beth Schluter Jordan San Rafael Clifton J. Lurkis Los Angeles Workers’ Compensation Law Barbara E. McNamara Garden Grove Jaime E. de la Garza Glendale Horace N. Meeks San Francisco Gary W. Allen Valencia Yasmine S. Mehmet San Francisco Darlene M. Ball Pismo Beach Christopher C. Melcher Woodland Hills Judy S. Barrett Fullerton Paul J. Nelson Newport Beach David J. Converse Sacramento Armine A. Neshanian Santa Ana Ian M. Cooper Oakland Sara R. Neumann San Diego Kimberly D. Dyess San Diego Robert J. Palazzolo Glendale Timothy J. Egan Petaluma David A. Patton San Jose Andrew L. H. Fong Torrance Becky A. Rasmason Windsor Eric Gerace Los Angeles James M. Ratzer Carlsbad David L. Jimenez Calabasas Kelly C. Rickert Los Angeles Roy C. Levin Sacramento Lisa K. Risner Santa Ana Stephen P. LoPresti Sacramento Melinda A. Sammis San Francisco Ericka D. Manning-Dunn San Francisco Dana L. Santos San Ramon Stuart L. Okin Santa Ana Donald P. Schweitzer Pasadena Vincent S. Purinton Santa Ana Brian G. Seastrom Newport Beach Amanda C. Raffanti Elk Grove Raquel Lin Sefton San Francisco Brian T. Riley Santa Ana Claudia Silverman Mammoth Lakes Seymour Rosenthal Costa Mesa Valerie S. Tarvin San Jose Michael P. Shikora Santa Cruz Shannon R. Thomas Santa Ana Eric E. Silva Corona Blake D. Thompson Claremont Robert B. Stake III Pismo Beach Algera M. Tucker Oakland Dirk S. Stemerman Monterey Page A. Tyran Napa Hal G. Watchman North Lori Clark Viviano San Diego Hollywood Frederic Steven Wieder Palm Desert Jane S. Wynn Salinas Michael D. Wilkins Huntington Beach Bridget M. Young La Jolla Stephanie L. Williams Sacramento

Legal Specialization Digest 17 http://www.californiaspecialist.org/

2008 Judicial Service Honorees

he State Bar of California Board of Legal Specialization is proud to honor these Tcertified specialists who were appointed to service as bench officers.

The Honorable Mary Demetra Dolas The Honorable Patti Caruso Ratekin Certified in Criminal Law, Fresno Certified in Family Law, San Diego

The Honorable Matthew James Gary The Honorable Jamie Morris Spitzer Certified in Family Law, Sacramento Certified in Workers’ Compensation Law, Anaheim The Honorable Brian Franklin Haynes Certified in Criminal Law, Pittsburg The Honorable Chris Ellen Willmon Certified in Workers’ Compensation Law, The Honorable Harry Leo Powazek Riverside Certified in Family Law, Vista

30-Year Certified Specialist Honorees

he State Bar of California Board of Legal Specialization congratulates the following Tdistinguished attorneys and is proud to honor them for continuously maintaining their certification for 30 years.

Gyles Ronald Feenberg William Ivan Richman Workers’ Compensation Law, Los Angeles Workers’ Compensation Law, San Pedro

Thomas Edward Handy Richard Joseph Sideman Workers’ Compensation Law, Palm Desert Taxation Law, San Francisco

Steven Charles Hertz Leonard J. Silberman Workers’ Compensation Law, Huntington Beach Workers’ Compensation Law, Santa Ana

Steven Michael Hoffberg Roger Morris Sublett Workers’ Compensation Law, Ventura Workers’ Compensation Law, San Jose

Irvin Lawrence Lucks Robert I. Vines Workers’ Compensation Law, Woodland Hills Workers’ Compensation Law, Ontario

18 Legal Specialization Digest http://www.californiaspecialist.org/ 2008 20-Year Certified Specialist Honorees he State Bar of California Board of Legal Specialization congratulates the following distinguished attorneys Tand is proud to honor them for maintaining their certification for 20 years.

Paul Louis Basile Terry Jane Helbush Peter Spero Taxation Law, Los Angeles Immigration and Nationality Law, San Taxation Law, Santa Monica Gifford George Beaton Francisco Michael H. Starler Workers’ Compensation Law, San Luis Obispo Ann Kanter Taxation Law, Santa Monica Ronald Haig Bonaparte Immigration and Nationality Law, Kip Evan Steinberg Immigration and Nationality Law, Los Sacramento Immigration and Nationality Law, San Angeles Lawrence J. Kaplan Rafael Elick Toby Bowler Taxation Law, San Diego Barbara Suskind Family Law, Redlands Lee Lawless Family Law, Pleasant Hill William Arthur Brandwein Family Law, San Diego Ronald Jeffrey Tasoff Taxation Law, Monterey Jan M. Lecklikner Immigration and Nationality Law, Encino Kappy Kellogg Bristol Criminal Law, San Francisco Lowell Warren Tatkin Family Law, Los Angeles Edward Ronald Litwin Taxation Law, Playa Del Rey Richard A. Carpenter Immigration and Nationality Law, S. San Michael Phillip Thorman Taxation Law, San Diego Francisco Criminal Law, Hayward Edna Faye Cash-Dudley John Joseph Meissner Howard Brian Todd Family Law, Modesto Taxation Law, Sacramento Family Law, La Mesa Warren Edward Dean Ronald Angelo Mollis Clark Mojonier Trevor Taxation Law, San Francisco Taxation Law, Newport Beach Immigration and Nationality Law, San Dolores Theresa DeLeon Jennifer Miller Moss Francisco Workers’ Compensation Law, San Rafael Taxation Law, Sacramento Ronnie Valencia Donald Gerald Dougherty Forrest Steven Mosten Workers’ Compensation Law, Oakland Taxation Law, San Jose Family Law, Los Angeles Marc Leslie VanDerHout Richard Alan Eldridge John William Munsill Immigration and Nationality Law, San Family Law, Sacramento Family Law, Gold River Francisco Charles Larry Fancher Joan Patsy Ostroy Peter Michael Walzer Family Law, La Habra Family Law, Los Angeles Family Law, Woodland Hills Miles David Friedman Carl Bradley Patton Bonnie Gail Wasser Taxation Law, Laguna Niguel Criminal Law, Carlsbad Immigration and Nationality Law, Seattle Robert Lloyd Gallaway Kirk Holden Riley Marc Herschel Weitzman Taxation Law, Ventura Taxation Law, La Mesa Workers’ Compensation Law, Seal Beach Paul Edmund Gavin James Julio Rodriguez Joseph Richard Winn Family Law, Vista Taxation Law, Cupertino Family Law, Gold River Mark Edwin Gearheart George Paul Roland Bernard Pavel Wolfsdorf Workers’ Compensation Law, Pleasant Hill Workers’ Compensation Law, Hollywood Immigration and Nationality Law, Santa Monica Robert Joseph Goetzinger Elizabeth Langan Shivell Family Law, Petaluma Family Law, San Jose Dodd Steven Yahnian Taxation Law, Visalia Mark Stuart Goldrosen Carl Michael Shusterman Criminal Law, San Francisco Immigration and Nationality Law, Los Douglas Leland Youmans Angeles Taxation Law, Mather Gittel Gordon Immigration and Nationality Law, La Jolla Martin Joel Smith Garrett Jason Zelen Taxation Law, Los Angeles Criminal Law, Los Angeles Norman H. Green Taxation Law, Glendale Lynn Soodik Donald Zelinsky Family Law, Santa Monica Family Law, Woodland Hills Win Heiskala Family Law, San Diego Legal Specialization Digest 19 http://www.californiaspecialist.org/ Lorna Maynard, Legal Specialization Program Administrator, Remembered

orna Maynard passed away peace- talent, knowledge, and ability on the Corgi Fanciers and held many posi- Lfully on December 5, 2008 on Legal Specialization Program. For the tions in the club, including President the eve of her 58th birthday. Born and past 18 years she was the Program from 2002-2004. She was a member raised in Massachusetts, Lorna lived in Administrator for the California of the Pembroke Welsh Corgi Club of the San Francisco Bay area for 34 years. Program for Certifying Legal Specialists. America, where she shared her knowl- Lorna began her distinguished career In that capacity, she was responsible edge as a breed mentor to educate at the State Bar of California in 1981, for administrating the certification and future corgi judges and served as the working in the Office of Professional recertification of over 4,200 California Chair of their National Specialty show Competence as a secretary for the Law Certified Legal Specialists. in 2006. Corporation Program, and also as Among her duties were such projects Lorna was that rare combination of Secretary to the Office Director. as administration of the specialization efficiency and warmth that made her a She was promoted to Administrative examination, revisions to the program joy to work with. Her sharp wit and wry Assistant II in the Public Protection rules and standards, and development sense of humor were perfect matches Program and, in 1990, to Senior of the Legal Specialization website, of for the demands of her position with Administrative Supervisor in the then which she became the webmaster. Lorna the State Bar and especially the Legal newly created Office of Certification. staffed the California Board of Legal Specialization Program. Lorna was an Lorna was an excellent writer who draft- Specialization, providing exceptional easygoing, good-natured spirit that ed many letters, Board agenda items, administrative support and noteworthy remains an inspiration to the staff of and other documents still in use today. organizational skills. the Legal Specialization program. n During a tumultuous time for the Lorna was also a 30 year member State Bar, Lorna focused her enormous of the Golden Gate Pembroke Welsh

Legal Specialization Digest Pre-Sorted Board of Legal Specialization Standard Mail US Postage State Bar of California PAID 180 Howard St. San Francisco, CA San Francisco, CA 94105 Permit No. 4078

20 Legal Specialization Digest