VCBA MISSION STATEMENT To promote legal excellence, high JANUARY – TWO THOUSAND TWELVE ethical standards and professional conduct in the practice of law; to improve access to legal services for all people in Ventura County; and STANDING OVATION to work to improve the By Hon. George Eskin administration of justice. Page 7

Dien Le “Vietnam to Ventura to VCBA: A Journey of Fortune and Chance” 3 Patricia Kochel LEARNING TO ENJOY THE BAR DINNER, CHOCOLATE OR NOT 11 Sheila Lowe SELECTING A HANDWRITING EXPERT 12 Cheryl A. De Bari CASA - Volunteers give children a voice in court 13 Melissa Hatch Standard Legal Custody Orders and the Disabled Child 16 Carol H. Mack COMPLEMENTARY AND ALTERNATIVE MEDICINE – IS IT LEGAL? 18

Christina S. Stokholm BARRISTERS' CORNER 21 Amber A. Rodriguez ESTATE PLANNING AND PROBATE SECTION OFFERS MCLE 21 Ear to the Wall 21 Laura Viets & WHEN DO YOU NEED A PRIVATE PROFESSIONAL FIDUCIARY? 22 Eugenia Bates ClassiFiedS 25

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A proud member of the Ventura County Bar Association JANUARY 2012 • CITATIONS 3 “Vietnam to Ventura to VCBA: A Journey of Fortune and Chance” By Dien Le

teachers at the University of Maryland, principle, I advanced through Ventura’s and the two of them had remained in excellent public schools: Mound Elementary, close contact since then. It was another Balboa Middle School and Ventura High of those fortuitous encounters, and we School, where in 1989 I was part of the owe a lot to the unstinting generosity school’s 100th graduating class. The highlight of the Reilleys, who, despite already of my high school graduation, though, was having a full house with seven children not the centennial; it was having Mr. Reilley I was four, and my sister nine, when our of their own, took us in those first three there and his being the first one to shake my family fled Vietnam in April, 1975, during months and helped us establish our new life hand and congratulate me. It is a moment the final chaotic days before the fall of Saigon. in Ventura. My sister and I did not know I have never forgotten, for in a sense it was Leaving with only 30 minutes’ notice, we a word of English then. The only thing I Mr. Reilley who had made it possible, and it could take only the clothes on our backs and a could say was “Ông Bà Mỹ” (Mr. and Mrs. was very much on my mind when, less than few family photos. We were among the lucky, America) when referring to Mr. and Mrs. a decade later, I had the sorrowful privilege of since we were able to escape from Saigon on Reilley! I also remember sleeping in the delivering the eulogy at Mr. Reilley’s funeral. one of the airlift flights, rather than by boat, Reilleys’ camper in their driveway until we as so many others had been forced to do. eventually moved into our first apartment. My extra-curricular activities during Our good fortune sprang from a fortuitous Although we are Buddhist, we received those school years included playing piano encounter with an American named George extraordinary friendship and kindness competitively for nine years, and participating Turner, a Graham Greene figure whom we from members of the Bible Fellowship in the Boy Scouts, where I achieved the initially suspected of working for the CIA. Church in Ventura, who donated clothing, highest rank of Eagle Scout. Other than At the overwhelming Tân Sơn Nhất airport, household goods and decorations for our first AYSO soccer for a few years, playing tennis which was full of desperate Vietnamese Christmas in America, and most of all, kept recreationally has been the sport I’ve enjoyed trying to find a way out, this original “quiet us comfortable in this new land. Eventually, the most growing up and in which I have American” unconditionally helped secure my mother, Thu, who had been a teacher continued to this day. the necessary papers for our family to board in Vietnam, was able to secure a teaching the military cargo plane. It was a wrenching job at Ventura Adult Education. My father Like my sister before me, choosing to decision for my parents to make, since getting had to quit his teaching career to become a attend UCLA (go Bruins!) was a no-brainer. on that plane meant leaving behind their lab technician for the City of Ventura Water However, my decision to take the path of pre- country, their extended family and their Treatment Plant. law (political science major) brought some friends, and heading who-knew-where, but angst to my parents, who probably had some my parents, hoping for a brighter future for Growing up as a first-generation Vietnamese- doubts and worries about whether I would be my sister and me, gathered up their courage American was not easy for me, and involved successful as the first attorney in our family. and took the plunge. trying to adjust to the new culture while At UCLA, I fully embraced my cultural maintaining my cultural heritage and identity and felt that I truly fit in. This self- On our flight out of Vietnam we made a roots. My parents always told me that I realization was due to my active involvement few stops at U.S. military installations in the could speak English outside the house, but in two campus groups – Vietnamese Students Philippines – Subic Bay Naval Base and Clark when I was at home I had to converse in Association and Vietnamese Refugee Aid Air Base – before finally landing on Guam Vietnamese. Maintaining my native language Committee. for processing. From there, we were sent to also became a necessity because we were later a refugee camp at Fort Chaffee, Arkansas. reunited with my grandparents (who spoke After graduating from Loyola Law School We only had to stay two months at Fort only Vietnamese), and they moved in with and passing the Bar in 1996, I landed my first Chaffee because we already had sponsors, us. At the time, there were about ten other job at Girardi & Keese. It was fascinating to Dale and Flori Reilley, lined up to relocate Vietnamese families who also settled in work for and learn from a master of trial like us to Ventura, California. (Years later, when Ventura, and we all got to know each other Tom Girardi. I discovered that the city’s original name well. The families would get together each was “Buenaventura,” and that in Spanish year to celebrate Tết (the Vietnamese lunar Six months later, I was offered a staff attorney this means “good fortune,” I was struck by New Year) by enjoying delicious traditional position for the U.S. Court of Appeals for the the fittingness of this having been the final Vietnamese food, singing, dancing and Ninth Circuit in San Francisco. Accepting destination of our journey of good luck.) performing skits. this exciting opportunity and moving to the Bay Area gave me the chance to meet My father, Dat, had previously met Mr. My parents always emphasized the my wife, Pauline, who at the time was Reilley about six years before at a summer importance of education, non-stop learning, teaching exchange program for science and self-improvement. Following this guiding Continued on page 5 4 CITATIONS • JANUARY 2012

2012 VCBA BOARD OF DIRECTORS OFFICERS President Collaborative Family Law Dien Le President-Elect Joel Mark Professionals Secretary-Treasurer Laura V. Bartels Past President Joseph L. Strohman Executive Director, CEO Steve Henderson, CAE

Bret G. Anderson Michael S. Lavenant Jessica Arciniega Alyse M. Lazar Alvan A. Arzu Susan L. McCarthy Linda K. Ash Kathryn E. Pietrolungo Michele M. Castillo Eric R. Reed Josef M. Dion Christina S. Stokholm Erik B. Feingold Michael A. Strauss T ransforming family law into a collaborative process Jill L. Friedman Robert S. Krimmer, Douglas K. Goldwater Barristers William M. Grewe • Private • Creative • Faster CITATIONS EDITORIAL BOARD • No court battles • Win-win climate • Child sensitive Managing Editor • Collaborative • Clients in charge Wendy C. Lascher Publisher, CEO Steve Henderson Collaborative Family Lawyers Allied Professionals Graphics/Production J.P. McWaters Leonard Alexander Steve Mitnick Mental Health Professionals Assistant Editor Paul Blatz Mark Nelson Robert Beilin, Ph.D. Bill Lascher Terry Anne Buchanan Marsha Niedens James Cole, Ph.D. Ed Buck le Gary Nor ris Deborah Huang, LCSW Karen B. Darnall rachel Coleman Rebbecca Calderw ood Guy Parv ex Nancy Lopez, MFT Michael L. McQueen Mark E. Hancock John Castellano Michael Per cy Diana Nolin, Ph.D. Michael R. Sment Aris E. Karakalos Steve Debbas Barton Pok ras Michael A. Velthoen Panda L. Kroll Douglas Goldwa ter David Prav er Louis J. Vigorita Eric R. Reed Gregory Herring Al Vargas Thomas Hutchinson Richard Rabbin Accountants Carol Mack Valerie Gregson Patricia Lamas Richard Ross Jan Loomis Donna San to Susan Carlisle, CPA Patti Mann Keri Sepulveda Wayne Lorch, CPA CITATIONS is published monthly by the Ventura Julianna Marciel Hillary Shan kin County Bar Association. Editorial content and policy are solely the responsibility of the Ventura David Masci Sylvia So to County Bar Association. Edward Matiso Randall Sundeen Richard Taylor Vocational Consultant Submit all advertising, Submit all editorial Jeanne McNair classified and calendar matters to: Paul Miller Marguerite Wilson Gabrielle David matters to: VCBA CITATIONS 4475 Market St., P.O. Box 25540 Suite B, Ventura, CA 93002 Ventura, CA 93003 t: 805.659.6800 Attn: Executive Director f: 805.643.7692 www.collaborativefamilylawyers.com t: 805.650.7599 [email protected] Collaborative Family Lawyers, Inc. f: 805.650.8059 e: [email protected] w: www.vcba.org JANUARY 2012 • CITATIONS 5

Continued from page 3

finishing pharmacy school at UCSF. I am fortunate to have found a partner in life who is as passionate as I am about traveling and experiencing cultures throughout the world.

In 1998, I moved back to Ventura County and re-entered private practice by joining Nordman, Cormany, Hair & Compton. My experience there was invaluable, working with an esteemed group of attorneys in such a diverse practice.

When Pauline and I moved to Thousand Oaks in 2002 and bought our first home, I received a tip from Steve Henderson (VCBA Executive Director, unofficial “yenta”/ headhunter, and quiet American in his own right) about a firm named Sullivan, Sottile & Taketa in Westlake Village. Steve’s professional matchmaking instincts were, as usual, dead-on. I joined the firm, which later became Sullivan Taketa LLP, and I was subsequently elevated to partnership. It has truly been a pleasure to work with my partners, Mark Sullivan, Donn Taketa and Joel Villaseñor, because they foster the most collaborative and congenial team environment.

My VCBA involvement started in 2002, when MATTHEW P. GUASCO, ESQ. Scott Samsky and Meghan Clark cheerfully MEDIATION — ARBITRATION “coerced” me into serving as president of the Barristers section. I later became more involved at the State Bar level, and then “AV-Preeminent” Rating by Martindale-Hubbell founded the Ventura County Asian American Past-President, Ventura County Bar Association Bar Association. I am thankful that Pauline Adjunct Professor, Pepperdine University School of Law, is so patient, understanding and supportive Straus Institute for Dispute Resolution of me in all of these endeavors. The most Full-Time Mediator and Arbitrator rewarding aspect of VCBA membership is the group of inspiring mentors, role models and friends who have influenced my professional Since 1998, Extensive Experience Mediating and Arbitrating the Following Cases: and personal development. Many of these people, such as Tina Rasnow, Carmen Business & Commercial • Probate & Trust Ramírez, Bill Hair, Jon Light, Matt Guasco, Employment • Personal Injury • Real Estate and David Shain, are themselves past VCBA presidents, which makes me prouder still to be included in their company. It is my privilege, Available in Los Angeles, Ventura County, Santa Barbara, Orange County, and part of my continued good fortune, to San Diego, and Throughout California Exclusively Through Judicate West have been chosen for this year to head this great organization, and I will give my all to be worthy of it. (800) 488-8805 Dien Le is a partner at Westlake Village-based or Contact Matt at Sullivan Taketa LLP, where he represents clients (805) 256-4927 in business litigation, employment litigation, [email protected] real estate litigation and appellate matters in www.mguasco.com both federal and state courts. 6 CITATIONS • JANUARY 2012

BAR LEADERSHIP ADR SECTION MEDIATION/ ARBITRATOR Michael Wolfram 491-2770 MEDIATION/ ARBITRATOR ANNUAL DINNER Eric Reed 288-1300 ASIAN BAR RichardRichard M. M. Norman Norman John Fukasawa 383-2788 BANKRUPTCY Michael Sment 654-0311 BARRISTERS Christina Stokholm 987-4975 BENCH/BAR/MEDIA COMMITTEE • Judge Glen Reiser 654-2961 40 years litigation experience-AV rated. BENCH-BAR RELATIONS COMMITTEE • Personal injury, business, construction, employment, real estate, Matt Guasco 256-4972 probate/trust, partnership and corporate disputes and dissolutions BLACK ATTORNEYS ASSOCIATION • Member: American Board of Trial Advocates Alvan Arzu • 40 654-2500years litigation• Pastexperience-AV president Ventura Countyrated. Bar Association and Ventura County BUSINESS LITIGATION• Personal SECTION injury, business,Trial Lawyers construction, Association employment, real estate, Erik Feingold 644-7188 • CITATIONS American Arbitration Association and NASD arbitrator • Wendy Lascher probate/trust,648-3228 partnershipTrained Mediator– and Pepperdinecorporate University disputes Straus Instituteand dissolutions CLIENT RELATIONS • Reasonable fees and flexible scheduling. No administrative charges. • Member: American Board of Trial Advocates Dean Hazard 981-8555 Richard M. Norman COURT TOUR• PROGRAMPast president Ventura County Bar Association and Ventura County Thomas Hinkle 656-4223 Of Counsel CPA LAW SOCIETYTrial Lawyers Association Norman Dowler, LLP Douglas Kulper 659-6800 840 County Square Drive EAST COUNTY• BARAmerican Arbitration AssociationVentura, and California NASD 93003-5406 arbitrator Bret Anderson 659-6800 FAMILY LAW• BARTrained Mediator– Pepperdine(805) 654-0911 University [email protected] Straus Institute Douglas Goldwater• 659-6800 INTELLECTUAL PROPERTYReasonable fees and flexible scheduling. No administrative charges.

Chris Balzan 658-1945 J.H.B. INN OF COURT Richard M. Norman David Lehr 477-0070 JUDICIAL EVALUATION COMMITTEE Of Counsel Linda Ash 654-2580 LAW LIBRARY COMMITTEE NormanSpecializing Dowler, LLP in Eileen Walker 444-6308 MEXICAN AMERICAN BAR ASSOCIATION 840 County Square Drive Rebeca Mendoza 641-0253 Legal Placement PRO BONO ADVISORY BOARD Ventura, California 93003-5406 David Shain 659-6800 Legal Staffing PROBATE & ESTATE PLANNING SECTION(805) 654-0911 [email protected] Amber Rodriguez 643-4200 Project attorney, temporary and full-time. REAL PROPERTY Ramon Guizar 988-8365 Executive Recruitment SILENT AUCTION Expertise • Experience • Efficiency Donald Hurley 654-2585 VCBA/VLSP, INC. Serving the recruitment needs of lawyers and law firms Joseph Strohman 659-6800 VLSP, INC. EMERITUS ATTORNEYS formore than 30 years with integrity and confidentiality! Verna Kagan 650-7599 VC TRIAL LAWYERS ASSOCIATION William Grewe 642-7101 VC WOMEN LAWYERS Jill Friedman 644-7188 VCBA STAFF 650-7599 Steve Henderson - Executive Director Alice Duran - Associate Executive Director Focused Recruitm ent Celene Valenzuela - Administrative Assistant Kathi Whalen, CAC & Staffing Alejandra Varela - Client Relations Manager President & Founder Verna Kagan, Esq. - VLSP Program Manager [email protected] Peggy Purnell - CTP Coordinator 805.443.8422 • www.whalenbryan.com Judith Logan - Development Director JANUARY 2012 • CITATIONS 7 STANDING OVATION By Hon. George Eskin

Articles submitted by attorneys Bill Hair meeting held in the newly-opened Thousand Then, in April 1970, a great tragedy struck and Phil Drescher with their respective Oaks Holiday Inn after cancellation by a the Ventura County legal community when reflections on the practice of law in Ventura country club on the morning of the meeting. Hugh Gallagher, Municipal Court Judge County during the 1960s prompted me to (Midway through the performance, either Phil West and his bailiff David Diehl prepare this brief history of the legendary Marvin Lewis or Duane Lyders exclaimed, perished in a boating accident in the Santa 1970 “bar show,” a transformative event that “I think I’m going out and commit a sex Barbara Channel. We questioned whether changed forever the nature of the VCBA crime!” This may have been the highlight it would be appropriate to proceed with annual meeting. of the evening.) the “bar show”, but Nagao Fujita, who had succeeded Hugh Gallagher as President, A majority of CITATIONS readers have Woody also encouraged me to try to change insisted that we move forward in tribute to only heard and read about the annual the character of the annual meeting and Hugh’s vision. entertainment that became a highlight suggested that I consider forming a group for the legal community in the years that capable of producing a musical review in Controversy persisted, however, and there followed, but for those who had the pleasure the nature of an olio show that would spoof were some traditionalists, including past of participating in and attending the the personalities and institutions of the local presidents of the bar association, who event, I have a surprising revelation – the legal profession. Fortunately, there were two expressed their opposition by boycotting person primarily responsible for changing attorneys in particular – Bill Paterson and the event. However, a large crowd of men the annual meeting was District Attorney Ron Gill – whose creative genius in writing and women gathered at the Elks Hall Woodruff J. “Woody” Deem. comedy and lyrics, respectively, made the in November 1970, and the opening project possible. production number of the “musical exposé” One of Woody’s pet peeves was the conduct titled “Courthouse” changed the direction of the VCBA annual meeting. Until 1969, However, there were a few institutional of the annual meetings forever. despite the fact that there were three female obstacles. members of the bar, none were encouraged Having enjoyed the off-Broadway production to attend the annual meeting. (Those women In 1969, I presented the project for of Rick Besoyan’s “Little Mary Sunshine” were Margaret Keller, Dorothy Schechter consideration by the VCBA Board of and having portrayed Capt. “Big Jim” – who later became County Counsel – and Directors, some of whom were resistant to Warrington in a Eugene, Oregon production Alice Magill, the Justice Court Judge who the idea of inviting “guests,” i.e., spouses, of the musical, I selected the Forest Ranger served the Santa Paula-Fillmore-Piru Circuit to the annual meeting. The presence of marching song to open the show. The in the 1950s and 1960s.) Woody thought women was perceived as having a chilling original lyrics were massaged for a Deputy that was wrong. He was also offended by the effect on the traditional activities of the District Attorney marching song. Led by fact that a considerable amount of alcohol meeting (I encountered a similar response none other than Woody Deem, resplendent was consumed at these meetings, and the from male prosecutors when I announced in purple army boots, wearing his Boy Scout primary subject of debate involved the the recruitment of Sandra Rogers in 1969 uniform and carrying a brief case, we entered heady issue of rotating leadership “north and Nancy Manners Sieh in 1970 to the the stage, singing “We march down the vs. south” of the Santa Clara River. Finally, District Attorney’s Office.) Fortunately, Courthouse corridors, from Department 5 the “entertainment” consisted of original after spirited debate, President-elect Hugh to Department 3 and back…” “poetry” offerings by Bill Reppy and Gallagher endorsed this departure from Richard Heaton. tradition and the “bar show” was approved The audience response was sensational – a for the November 1970 annual meeting. standing ovation, laughter and cheers. The In 1968, Woody appointed me to serve as program included Jim Farley portraying Judge his Assistant District Attorney, and with As self-appointed producer-director, I moved Brutal Bert Benson in the arraignment court; knowledge of my theater arts background, he forward to create a “company” to stage and and, Bill Paterson’s hilarious commercials encouraged me to seek the position of VCBA perform the work created by Paterson and for the Ralph Hunkins Legal Service Center Program Chairman. A series of provocative Gill. Actors and singers, including Marvin and Head Shop, a forerunner for medical and controversial programs followed, Lewis, Steve Perren, Nancy Sieh, Jim marijuana dispensaries, the Ralph Dame including a presentation at the Oxnard Elks Farley and Colleen Paterson emerged, and Domestic Discord Center, and finally, the Club by Stanford University Law Professor preliminary plans for the various elements of unforgettable Cal Blasington’s P.I. Heaven John Kaplan, author of “Marijuana – the the production evolved. Jim Daeschner, an at the corner of Whiplash and Malinger in New Prohibition” (whose invitation to excellent pianist and associate of Nordman, downtown Oxnard, “…where you see that speak outraged law enforcement narcotics Cormany, Hair & Compton, volunteered big neon neck brace going round ‘n’ round detectives), and a First Amendment debate to serve as accompanist and orchestrate an in the sky.” on laws prohibiting topless dancing between overture. a Los Angeles City prosecutor and a civil rights attorney, whose client performed at the Continued on page 9 8 CITATIONS • JANUARY 2012

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JANUARY 2012 • CITATIONS 9 STANDING OVATION Continued from page 7 Ron Gill sang the song of a judge hoping searching for her attorney in the Courthouse, I left Ventura County in 1976 for a five-year to be assigned a high-visibility case, “Jack Berkowitz, Where Are You?” and from stint as Chief Assistant to Los Angeles City “Presiding Judge Berenson, send me a “My Fair Lady” for Ron’s rendition of “I’ve Attorney and there was one “bar show” case, something that will make known by Grown Accustomed to her ….” Richard production in my absence. The event was face; I get the defaults, the squabbles, the Holmes and Colleen parodied Bill Murray eventually replaced by the current format mess that never headline the press” to the and Jane Curtin from SNL in their version and the creation of the prestigious Ben tune of “Matchmaker” from Fiddler on the of “Point and Counterpoint.” Colleen won E. Nordman Public Service Award, and Roof. He and I also sang his adaptation of the national court clerk competition with her later, the James D. Loebl Pro Bono Award, “I’m Reviewing the Situation” from Oliver record of file-stamping 283 documents in a but we resurrected a “Marv Show” in in a tribute to the recently-created Public minute! John Dobroth portrayed “Kung 1989 to celebrate the retirement of Judge Defender’s Office. Fu” star David Carradine, as “Ren-yay”, the Marvin Lewis, whose performances as meditation guru. I impersonated Judge Ben Michael Jackson and the Godfather, “Sonny In subsequent years, the group poked fun Ruffner’s introduction to rulings after oral Linguine,” had been cherished highlights of at numerous personalities and diverse argument, “All right…” and sang, “If I Were several “bar show” productions. aspects of practicing law in Ventura a Rich Man.” Bill continued to produce his County (Lou Vigorita, who succeeded Jim extraordinarily funny commercials, such The fond memories of this chapter in Daeschner as our accompanist and musical as the “Famous Judges’ School: “So you Ventura County Bar Association history director, accurately described the content as want to be a judge? If you respond to our linger for me, and I hope this reflection “irreverent” and “politically incorrect” in his 800 number now, we will give you a special kindles similar feelings for others. October 2008 Ab Initio column, and I am judges’ watch with all the hours you will grateful to him for his kind and generous need – between 10 a.m. and 2 p.m.” George Eskin is now a judge of the Santa comments..) Ron adapted the lyrics from Barbara Superior Court. “Jesus Christ, Superstar” for a client who was Photo courtesy of Claire Lewis, esquire. 10 CITATIONS • JANUARY 2012

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LEARNING TO ENJOY THE BAR DINNER, CHOCOLATE OR NOT By Patricia Kochel

“Thank you for coming,” my husband said blame all my insecurities on my father. It’s how the award came to be. Ben Nordman, to me as I got in the car. I gave him a slight an easy explanation. he said, preached and practiced giving back smile. The smile of a martyr. Because he does to the community. Mr. Nordman said his so much for me, I was sacrificing my time. There were many beautiful women and men community service enriched his life. He was there. One in particular I noticed because also concerned about the negative perception I generally do not like these large lawyer her companion was so much older. I figured of lawyers and that those lawyers who did banquets for two reasons. One, I am not it might be his daughter until I saw the way do good work for the community were not good at small talk. I don’t do it well. Too they held hands. She was also not dressed recognized publicly. Thus he established many awkward pauses trying to think of like a daughter. I asked my husband who he and funded the award twenty-six years ago. something non-intrusive to say. was and if that woman was his wife. He told According to Marc Charney, Ben Nordman me that it was his fourth or fifth wife. The did not want the award named after him, “How’s your wife/husband?” when I really cynic in me concluded that there’s another but his colleagues convinced him it would want to ask, “How are you getting along with multi-millionaire here. be a more meaningful and personal honor your wife/husband?” to attach his name to it. Mr. Nordman did My spell of comparing and despairing ceased not expect the funding for the award to last “Beautiful weather today,” when I really once I sat down and became interested in my much more than twelve years. Because of want to ask “Do you like living in Ventura? dinner companions. After a short period of good managers for the fund the award will Where would you live if you could live polite conversation, I intuited I could ask likely go on indefinitely. anywhere in the world? Why?” some probing questions. They were among the nicest and most interesting people I have Lastly, we were told Bruce Johnston, the My friend Paula Shain asked me a great met: Molly and Phil Panitz; Susan Lascher first recipient of the award, set a precedent question years ago which I’ve used frequently and Matt Guasco. Susan didn’t eat all her when he donated the monetary gift to in conversations, “What are you reading cheesecake, so I got to finish hers. Then the charity. Every recipient since has done the right now?” But that’s more for table program began, and unlike some tables, ours same. As with their time, all have chosen conversation. My difficulty is in maintaining shut up to listen. to give the money back to public service a conversation of polite small talk while programs in the community. standing. When the judges were introduced by Joe Strohman, I wondered why they are given Later that night, even though Ron and I got The second reason I do not like these large that distinction. Is what they do or who they in his dorky Prius while a lawyer a few cars lawyer gatherings is my ego. I walk into a are any more important than what the other over got into his Maserati, I could say with room full of beautiful, successful and rich people in the room do, like the nice hotel sincerity, “I had a really good time tonight. people. Then there’s me. I don’t go to employee who reset the air conditioner so But I hope next year the desert is chocolate my class reunions because people will ask my table could thaw out? cake with chocolate frosting.” questions and I will answer, “I’m a high school teacher, and I live in Ventura, the While I was thinking these thoughts, Judge Patricia Kochel is same town I was born and raised in.” How Brian Back took over the podium and an inactive member boring is that? announced that now that the judges have of the State Bar. She is been introduced, he would introduce the a counselor at Buena My husband is not a rich lawyer. But he’s dignitaries who would receive the James High School and the exceptional. Half of his practice is pro-bono Loebl Pro Bono Award. He said out loud wife of attorney Ron work, which is one reason it took me thirteen what I had been thinking: Many people in Harrington. years to decide to marry him. He argues the room could be honored. He admitted that compared to worldwide standards, he he, too, deserved the award. This night, lives like a king. I counter by saying we live he said, we are honoring two lawyers in in Ventura, California, not the middle of particular: John Howard and Jonathan the Amazon. It doesn’t matter what I say. I Light. Most of those present deserved the can’t convince him he’s not rich. And he is James Loebl award, he explained, because really, really happy. Ventura lawyers care about people who can’t afford a lawyer’s services. It usually takes me a few days to restore my ego’s equilibrium and to realize how blessed Marc Charney, this year’s recipient of the and fortunate (and happy) I really am. I Ben Nordman Public Service Award, told us 12 CITATIONS • JANUARY 2012 SELECTING A HANDWRITING EXPERT By Sheila Lowe

If you are called upon to handle a case that sheet of paper. Knowledge of the effects on were found buried in plastic trash bags. The involves a handwriting forgery, you will handwriting of mood changes, mental or remains were those of a male assumed to probably need to retain a forensic handwriting physical illness or trauma, aging, medications be John Sohus (DNA test results currently expert. If you’ve never had the occasion to and other chemical substances, or other pending). Luminal in the guest house retain a handwriting expert before, how do physiological factors is often needed to make where Clark Rockefeller (then known as you know which one can do the job? a determination as to authenticity. Christopher Chichester) had resided showed copious amounts of blood. So, the question Most forensic handwriting experts come Consider one example where knowledge of was, did Linda Sohus write the postcards, from one of two backgrounds. Some are physical and mental effects on handwriting which would put her in Paris after her trained through a law enforcement or other would be of vital import: a female in hers husband had been murdered? government agency, such as the FBI, CIA, eighties has Alzheimer’s and her caregiver Secret Service, the United States Postal is accused of forging signatures on her Copies of the postcards and several Service or a police department and later checking account. In order to perform handwriting exemplars were supplied began practicing in the private sector. Others a proper and accurate examination, the to handwriting experts for examination. learned through private study with a mentor handwriting expert would need to know Although at first glance the handwritings who has spent many years in the field. Is what effect the client’s age and the disease on some of the exemplars appeared to one background superior to the other? What have had on her handwriting. Some people be different from the postcards, on close is more important than where the expert have strong handwriting well into their examination, numerous and significant trained or where he worked is what he learned eighties, while others manifest weakness and similarities were found, leading more than during that training, and the experience later frailty. In illness, tremor, shakiness along one expert to conclude that Linda Sohus garnered through years of practice. It’s worth the writing line, is often seen. But tremor is wrote the postcards. noting that in most cases training through also sometimes present in forgeries, due to government entities is not available to private attempts to copy a signature that’s unnatural As in any other field, an attorney can find good experts. However, they study many of the to the forger. Therefore, the expert would or bad handwriting experts. Investigating and same textbooks, acquire the same knowledge, need to be able to determine which type of verifying the information on the expert’s and follow the same procedures, so a private tremor was present in this case. He would curriculum vitae helps to ensure that the expert has equivalent competencies. also need to determine the various ways the expert has the level of competency claimed. client wrote her name in order to establish her Government experts may have the benefit of personal range of variation, which would help Association of Standards, Testing, and sophisticated equipment at their command, him understand how the disease and aging Measurement (ASTM), the worldwide but a high volume of cases can mean that they had affected her handwriting. Only then will standard-setting organization, has a forensic are able to spend only a small amount time the expert be able to make a determination as sciences division with a questioned document on each one. Law enforcement examiner to whether the signatures on the checks were examination section whose committee sets training covers the entire spectrum of genuine or not. standards for the discipline. Whichever type document examination, such as credit card of expert you select, they should be a working fraud, ink and paper analysis, as well as Handwriting experts work on a variety member of that committee, be a member handwriting examination, but not necessarily of cases—signatures on wills and other of a reputable document examination specializing in that area. On the other hand, legal documents, credit card slips, graffiti, organization, participate in continuing private handwriting examiners focus solely on anonymous notes, etc... A recent high profile education through seminars, conferences, and handwriting expertise as opposed to the entire case in the news involved handwriting on reading professional publications in the field, field of document examination. some postcards. A man calling himself and they should use scientific methodology Clark Rockefeller was arrested in Boston in to formulate and test a hypothesis before A private expert can be more selective in the 2008 for the kidnapping of his six year-old reaching a conclusion. cases he takes on, and is able to dedicate more daughter. While in custody, police discovered time to each one in order to provide the client that Rockefeller was a person of interest in a So, returning to the original question: is with a thorough and complete examination. fifteen-year-old San Marino, California case. government training superior to private His landlords, John and Linda Sohus, had training? The answer is No. The competency, Private handwriting experts sometimes also disappeared. About a month later, friends performance, and dedication rests with have training in personality assessment received postcards, ostensibly from the Sohus, the expert. through handwriting. Those studies include postmarked Paris, France. However, no one important information about the complex ever saw or heard from the young couple Sheila Lowe is a forensic handwriting interaction that takes place between the brain, again. That is, until about eight years later, examiner. She teaches Introduction to Forensic the eyes, and the hand in order to produce when the backyard of their former home Handwriting Examination at UC Riverside. the graphic trail –handwriting –—on a was being landscaped and human remains www.sheilalowe.com. JANUARY 2012 • CITATIONS 13

CASA - Volunteers give children a voice in court By Cheryl A. De Bari

CASA (Court Appointed Special Advocates) (See www.casaforchildren.org, "Evidence CASA is the only program of its kind of Ventura County is a volunteer-driven of Effectiveness"). However, today, in our in Ventura County. We are a non-profit non-profit organization that provides a county, only a small percentage of the organization funded substantially through powerful voice in court for children who children in dependency have access to a corporate and individual donations as well must be removed from their homes by CASA. More than 100 children in Ventura as fundraising events. We invite you to protective services due to abuse, neglect or County appointed to the program do not stand with us and support these children abandonment. These children then become have advocates. by becoming a CASA, volunteering in dependents of the juvenile court. Although some other capacity, or providing financial the foster care and child welfare system We are dedicated to ensuring that every child support. You do not need to be an attorney has many compassionate lawyers, judges, in the foster care and child welfare system to be a CASA, but attorneys bring special social workers and foster families, according has a qualified CASA looking out for his skills to the position. to recent statistics, each year more than or her best interests. Especially needed are 748,000 children are placed in foster care volunteers of color, as African American and Please go to www.casaofventuracounty.org nationally. Trained CASAs work one-on-one Latino children are overrepresented in the to see how you can help. with the children as they move through the child welfare and foster court system. court process. Cheryl A. De Bari is an attorney specializing Every child has a right to thrive, to be treated in insurance and ERISA litigation. She is a Approximately 1,000 children are in foster with dignity and to live in a safe, loving VCBA member and passionate CASA. care in Ventura County. This intense home. Every child deserves a fighting chance. need can strain the system to where the Coming through a period of vulnerability professionals are simply unable to protect and fear, the child can then understand his the rights of each child. With the help of or her potential and rights. The children a CASA a child is half as likely to languish will believe in themselves. This is both our in the foster care system and much more opportunity and our challenge. likely to find a safe and permanent home 14 CITATIONS • JANUARY 2012 s a significant benefit to our members...the Ventura County Bar Association has identified these Insurance and Financial Planning Aprofessionals to accommodate your insurance needs. These brokers are recognized for their integrity, knowledge and experience in serving the legal community. They can assist you in the areas of life, health, disability income, long-term care insurance, annuities and investments. You can obtain State and County Bar plans at discounted rates through these brokers.

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Standard Legal Custody Orders and the Disabled Child: A Recipe for Battle By Melissa Hatch

Jack and Diane fell in love, got married, and it out. While Jack and Diane continued equally in making educational decisions had a child, “Bobby.” Bobby attended public their disagreement, Bobby continued his for their child, is typically used. In most school and received special education services downward spiral. circumstances, this works fine. In the case through an individualized educational of a disabled child, the inclusion of standard program (“IEP”). Because Bobby was an Educating The Disabled Child In The language, without any limitation, can be eligible disabled child with an IEP, his local Public K-12 School problematic. school was obligated to offer and provide him a special education program that The Individuals with Disabilities Education Where an order requires parents to equally comported with federal and state law. The Improvement Act of 2004 (“IDEA”) is share educational decision making, the public school also had to ensure compliance the reauthorized federal law that governs IDEA accords both parents the following with Jack and Diane’s rights as parents of a how states and public education agencies rights: (1) Be members of their child's disabled eligible child. receiving federal funds are to provide early IEP team; (2) Be given notice of IEP team intervention services, special education meetings; (3) Exercise their due process Then, for various reasons, Bobby’s parents services, and other services to eligible rights; (4) Receive school and IEP progress divorced. Jack and Diane agreed to joint children with disabilities. reports and other education records; (5) legal and physical custody of Bobby. Agree or disagree with initial evaluation and Their custody order contained standard The IDEA requires that public schools placement in special education; and (6) If verbiage that they shared equally in making provide an eligible disabled child with a both parents have equal rights, either parent educational decisions for Bobby. free appropriate public education (“FAPE”). can revoke their consent to the child’s IEP To meet the legal standard of developing a at any time. Bobby had difficulties adjusting to Jack FAPE for each eligible disabled child, public and Diane’s divorce. He demonstrated schools must adhere to numerous procedural When both parents have equal rights, yet fail increasingly inappropriate behaviors at and substantive legal requirements. One of to agree on their disabled child’s education, school. His IEP team recommended an the greater requirements is to ensure the the battle begins. On the one hand, the updated assessment of Bobby’s behaviors at rights of parents of eligible disabled children. public school is obligated to protect the school – a legal requirement for developing rights of both parents to be involved in an appropriate IEP. Diane signed her The IDEA And Parental Rights the development of their child’s IEP, and consent for the offered assessment, but Jack the right of the disabled child to receive a refused to give his consent. Among the IDEA’s most important FAPE. Yet, to ensure the protection of these procedural safeguards are those that rights and the provision of a FAPE to the The school assessed Bobby with Diane’s protect the parents’ right to be involved disabled child, parents must agree on making consent, but without Jack’s consent. They in the development of their child’s IEP. educational decisions. When they cannot or held an IEP team meeting to review the Nevertheless, nothing in the IDEA overrides will not agree, litigation often ensues. assessment and the IEP team recommended the state’s allocation of authority as part of additional services to address Bobby’s a custody determination. (Navin v. Park Joint Legal Custody Orders and behavior. Diane consented to this new Ridge School District (7th Cir. 2001) 270 Administrative Case Law IEP. Jack informed the IEP team that he F.3d 1147.) In the case of divorced parents, would not consent to the new IEP; he then the parental rights established by the IDEA In California, there have been varied outcomes completely revoked consent to Bobby’s IEP. apply to both parents, unless a court order in circumstances where divorced parents had a As required by law, the school promptly or state law specifies otherwise. See( 71 Fed. standard legal custody order requiring them to exited Bobby from his special education Reg. 46568 (2006).) share equally in making educational decisions: program, and placed him in a general education classroom without any of his The Family Code requires the court, when • Either parent can unilaterally file a due process IEP services. making an order of joint legal custody, to hearing complaint regarding their child’s specify the circumstances under which the special education services, notwithstanding Bobby fell apart at school without the consent of both parents is required, as well the other parent’s opposition. (Westside benefit of his IEP and special education as the consequences of the failure to obtain Union School District (SEHO 2001) 102 services. The school tried in vain to work mutual consent. In all other circumstances, LRP 2943.) with Jack and Diane to get Bobby back either parent acting alone may exercise legal into special education. But Jack and Diane control of the child. (Family Code §3083.) • Either parent can resolve a due process could not agree on Bobby’s education. The complaint dispute through a settlement school informed Jack and Diane that they When developing joint legal custody orders, agreement without consent of the other should go back to family court and work standard verbiage requiring parents to share parent; an objecting parent must then JANUARY 2012 • CITATIONS 17

institute a court action to set aside the and the student was exited from special is time and effort well spent. A well-crafted agreement. (Modesto City Schools (OAH May education. (Oxnard Union High School order can save the disabled child years of 17, 2007) OAH Case No. 2007030782.) District et al. (OAH 2008) 108 LRP 23943.) difficulty, and saves the school systems tens of thousands of dollars. • Parents must share equally in all major A Recipe To Avoid The Battle educational decisions or seek an order from A well-written recipe can help avoid the Melissa Hatch the family court if they cannot agree. An battle over educational decisions for disabled has over 13 years of assessment of a disabled child was deemed children. When writing a joint legal custody combined experience invalid and expunged from the child’s record order where a disabled child is involved, in representing because the school assessed the student with specify the circumstances when both parents public school districts the mother’s consent only, and over the must consent, and include the consequences in special and general objection of the father. (Los Angeles Unified for the failure to obtain joint consent. education law. She School District (OAH 2005) 4 ECLPR 729.) Include fail-safe language so the disabled recently opened her child’s education does not languish. In practice in Ventura, • Parents shared joint legal and physical some cases, obtaining joint consent may where she practices custody of their child. The school was be impossible; consider the assignment of family and elder law, and continues to represent misled by the father and did not seek a Special Master with expertise in special public school districts in education law. the mother’s consent to the child’s initial education law. assessment and IEP. The failure to seek the mother’s consent violated mother’s The extra effort counsel and courts undertake rights under the IDEA. The assessments to craft an order keeping the divorce war were expunged from the student’s records, from spreading into the educational realm

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COMPLEMENTARY AND ALTERNATIVE MEDICINE – IS IT LEGAL? By Carol Mack

Health care costs are skyrocketing. Insurance were jailed in a single year in California. practitioners to practice legally, with certain premiums are going through the roof and California chiropractors rallied under the restrictions. co-pays are increasing each year. Despite slogan “Go to Jail for Chiropractic!” Popular these costs, or perhaps because of them, support for them was so great that in 1922, Under SB 577, CAM practitioners may Americans spend almost $34 billion dollars a California voters passed a referendum advertise and practice freely so long as year of their own money for unconventional licensing chiropractors. Chiropractors are they do not claim to be a physician, and unproven treatments. The latest figures now licensed in all 50 states. conduct surgery, use x-rays, prescribe show that approximately 38 percent of adults prescription medications or recommend in this country use complementary and The Medical Practice Act their discontinuation, or set fractures. alternative medicine (CAM) instead of, or Further, they must tell their clients that they in addition to, conventional medical care. California’s Medical Practice Act defines are not licensed and obtain a written consent medical practice and creates the crime of before treatment. What is CAM? CAM is generally defined practicing medicine without a license. A as those healing practices that fall outside medical license in California is described as Although this law grants legal status to of conventional medicine. These practices an unlimited license because it authorizes all kinds of alternative therapies, it does include, among others, the use of herbal the holder to “use any all . . . methods in the not leave consumers with no safeguards. remedies, traditional Chinese and Ayurvedic treatment of diseases, injuries, deformities, Unlicensed practitioners are still subject medicine, homeopathy, naturopathy, energy and other physical and mental conditions.” to malpractice claims due to either failure therapies, and chiropractic. In contrast, the licenses for allied health of informed consent or failure to adhere professionals and certain CAM practitioners to the standard of care for their particular Consumers may think that therapies that are limited. method of treatment. In addition, in some are openly promoted and not prohibited cases, CAM practitioners may be subject to by law are safe and effective. However, the Currently, chiropractors, acupuncturists, and claims of fraud. legal position of CAM is related far more osteopaths are licensed under California’s to political pressures than to any scientific mandatory license laws. Naturopaths must What about the FDA? evidence of safety and efficacy. be licensed to use the title Naturopathic Doctor, or ND. Other alternative healers Here is a quick quiz. Which products Go to Jail for Chiropractic! are unlicensed but practice legally either as are not subject to pre-approval by the spiritual healers, the regulation of which Food and Drug Administration (FDA): Chiropractic was the first CAM to be licensed is expressly prohibited under the Medical prescription medications, biological as an alternative therapy in California and Practice Act, or as unlicensed practitioners products, homeopathic remedies, or herbal is still the most popular. The story behind under SB 277, which exempts them from remedies? its licensure is illustrative. Chiropractic was prosecution for the unlicensed practice of founded in 1895 by Daniel David Palmer. medicine. The FDA is charged with protecting the Legend has it that by manipulating a cervical public health by assuring the safety, efficacy, vertebra, Palmer restored the hearing of California’s Health Freedom Act and security of food, drugs, and cosmetics. a janitor who had been deaf for 17 years. Under the 1938 Food, Drug, and Cosmetic After this initial success, Palmer set about SB 577, the California Health Freedom Act, Act, it is mandated to approve new drugs developing a new system of medicine that was introduced in 2001 by State Senator before they are marketed. However, this he based on the traditions of bonesetting Pro Tem John Burton (D-San Francisco), mandate does not extend to herbal remedies. and magnetic healing, which were common unanimously passed, and signed into law (Homeopathic remedies are subject to pre- practices at the time. Borrowing concepts by Governor Gray Davis in 2002. This approval because an author of the 1938 Act, from both traditions, Palmer taught that the legislation was sponsored by the California Senator Royal Copeland, MD, was himself body has an “innate intelligence” that allows Health Freedom Coalition, a group of CAM a homeopathic physician.) it to heal itself and that all illnesses are due consumers who were inspired by a similar to “subluxations” or misalignments of the law passed in Minnesota the previous year. The Dietary Supplement Health and spine. Spinal adjustments would correct Education Act was passed in 1994, after the subluxations and allow healing to occur. The Act recognized that millions of extensive lobbying by consumers convinced Californians were seeking CAM treatments by supplement manufacturers that Congress Chiropractic quickly became popular with from practitioners who could be in violation was about to take away their right to buy the public, but its practitioners were widely of the Medical Practice Act. In order to vitamins. It created a separate regulatory prosecuted for practicing medicine without ease consumer access to CAM practitioners, category for dietary supplements and a license. At one point, 450 chiropractors it created a means for unlicensed CAM declared that the federal government

JANUARY 2012 • CITATIONS 19

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Under this law, manufacturers are solely Mr. Carrington is “very knowledgeable. Insurance companies respect his opinion. Extensive trial experience (ABOTA), excellent responsible for ensuring the safety of dietary mediator, fair, objective arbitrator. Extraordinarilywww.californianeutrals.org capable and supplements before they are marketed. Mrfor. Carringtonthcoming with is “very efforts knowledgeable. and involvement. Insurance He is very companies thorough Manufacturers are also responsible for respectand his fair.” opinion. Quote E fromxtensiv 2006e trial Consumer experience Lawyers (ABOT EvaluationsA), excellent determining that product claims are truthful mediator, fair, objective arbitrator. Extraordinarily capable and and supported by evidence. While specific forthcoming with efforts and involvement. He is very thorough and fair.” Quote from 2006 Consumer Lawyers Evaluations health claims need prior approval from the FDA, most claims do not. Therefore, it is legal for supplements to claim that they “support the cardiovascular system” or “promote digestion” or “contribute to general well being.”

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0518_AX_citations_01_r1.indd 1 12/5/06 1:25:55 PM JANUARY 2012 • CITATIONS 21 BARRISTERS' Ear to the Wall ESTATE PLANNING AND PROBATE SECTION CORNER The Law Office of Ben A. Schuck III is pleased By Christina Stokholm to announce that our long time paralegal, OFFERS MCLE CREDIT Katherine “Katie” Hause, has graduated By Amber Rodriguez from Ventura College of Law and has passed the California Bar Exam. Congratulations The Estate Planning and Probate Section of Katie! As of Jan. 1, 2012, our law firm will the Ventura County Bar Association offers change its name to the Law Office of Ben affordable and informative monthly lunch Schuck and Katherine Hause, LLP. We will meetings with MCLE credit available. While continue to emphasize estate planning, trust locations and dates sometimes vary, the administration, probate, conservatorship, small meetings are generally held at the Wedgewood in business and real property matters. She can be Ventura on the fourth Thursday of each month. reached at Tel: (805) 525.7104 Upcoming lunches include a presentation on LPS Conservatorships (in January) and our ______annual review with the sitting probate judge My term as Barristers’ President is at an end. (in February). What fun we had in 2011! And we helped some The Law Offices of Heywood G. Friedman people along the way, too. Our 2011 activities of Westlake Village, proudly announce the We welcome your comments and suggestions included Barristers’ Build Day with Habitat hiring of a new highly qualified associate for future programs. If you have a subject for Humanity; our annual darts tournament; attorney. Jay Parmelee, Esq. received his Juris you would like to see covered at one of our our 3-on-3 basketball tournament, which Doctor degree from the Pepperdine University meetings, please let me know. You can email me raised money for the local YMCA; our School of Law and was admitted to the Bar in your comments and suggestions at arodriguez@ bowling night, which raised money for the December 2010. Mr. Parmelee also received a estateattorneycalifornia.com. We hope to see Make-A-Wish Foundation; and Judges’ Pizza Certificate in Alternative Dispute Resolution you at our next meeting. Night, through which we raised money and from the Straus Institute, as well as his Master recruited volunteers to serve Thanksgiving of Divinity. As an undergraduate Mr. Parmelee Amber Rodriguez is the incoming chair of dinner to the local homeless. Also in 2011, the attended Pepperdine University, where he the Estate Planning and Probate Executive Barristers launched a series of self-help nights double-majored in History and Religion. He Committee. She handles trust and estate litigation at the Transitional Living Center in Ventura, can be reached at (818) 707-1488 . and administration, probate, estate planning where we assisted indigent residents who need and conservatorship matters from her practice access to our courts. It has been an honor to in Ventura. work with the other Barristers board members and the numerous others who have always support our group. I especially want to thank outgoing VCBA President Joe Strohman, Presiding Judge Vince O’Neill and VCBA Accident Reconstruction Executive Director Steve Henderson, for their “I approach forensic engineering overwhelming support of Barristers events. not as a narrow vocational activity Now, Barristers, get ready for even more fun but as a scientific inquiry.” as the amazing, multi-talented Bob Krimmer steps in as 2012 Barristers President!

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Our Aging and Disabled Population Under the Act, the term “professional • Capacity: At times, an individual – not fiduciary” is defined as a person who acts necessarily a senior citizen – may become The number of people 65 years or older as a conservator of the person, the estate, or incapacitated without having a power of in the United States is about 39.6 million person and estate, or guardian of the estate, attorney named for either their finances (according to 2009 data, the most recent or person and estate. The license status of or health care. The individual in this available). They represent approximately 12.9 professional fiduciaries can be found on the situation may not have anyone in their percent of our population, or about one in Bureau’s web site – www.fiduciary.ca.gov. life that is capable of making day to day every eight Americans. By 2030, there will be decisions due to lack of knowledge, busy approximately 72.1 million elders, or about Lawyers are able to provide the services personal life, unwillingness, geographic 19 percent of the population. The prevalence discussed within this article, but due to unavailability or a host of other reasons. of dementia in our elder population is their extensive licensing requirements are A professional fiduciary can fill this void, approximately 3.4 million people. According not required to complete the licensing making honest, reliable and experienced to the Alzheimer’s Association, the numbers requirements of a professional fiduciary, as decisions under difficult circumstances. for Alzheimer’s disease are at least 5.4 million that would be redundant. individuals. These statistics will probably Attorneys requiring the services of a double by 2030, as well. When Should You Secure the Services of a professional fiduciary should visit the Bureau’s Professional Fiduciary? site to ensure that the professional fiduciary Our aging population, with increasing levels is licensed and not the subject of any of dementia and similar conditions as well A professional fiduciary can become involved disciplinary action. The professional fiduciary as limited physical abilities, has increased at different stages depending on the situation: should have errors and omission insurance the need for taking care of the financial coverage. In addition, a professional fiduciary responsibilities of our elders. For most • Estate Planning: Early planning when should be interviewed to ascertain that they older and disabled Americans with such a meeting with an attorney to prepare an possess the skill level, temperament and need, family members provide this service. individual’s estate plan is an optimum time needed to handle the requirements of a Unfortunately, within this population, too time and may help to alleviate any future particular individual. In this profession, one often family members are not capable or issues. An individual may choose to size does not fit all. desirous of assuming this role. Professional appoint a professional fiduciary as the fiduciaries may fill this ever-growing need in successor trustee/executor/agent if they Elder Abuse various capacities as trustees, conservators, do not have any children, if choosing a personal representatives, representative payees child may cause conflict or a burden, or Unfortunately, the worst sometimes happens. and/or agents under power of attorney. The if they do not have any family or friends A professional fiduciary may be appointed services provided by a licensed professional that can be trusted to carry out their by the court due to an allegation of elder can include ensuring that the terms of a wishes. abuse (either physical or financial). There trust are adhered to as written, managing a • Successor Trustee: Sometimes a are nearly 6 million cases of elder abuse every conservatee’s estate, administering the estate professional fiduciary may be called in year. Unfortunately, many of these cases will of a decedent, accounting for income and to replace a trustee or successor trustee go unreported. According to EADaily.com’s expenses, and more. Professional fiduciaries who is resigning or who is no longer able projections, California remains the state with often act in conjunction with attorneys, to manage the finances and health care the greatest number of elder abuse cases in accountants and financial advisors, and can decisions successfully or appropriately. the United States, with 36 percent more than be appointed by the court. While many times we hear of cases those in Florida, the state with the second involving fraud, the majority of the time greatest number of elder abuse cases. If it Professional Fiduciaries the trustee simply lacks the education can happen to Mickey Rooney, it can happen and/or experience to manage another to anyone. In response to the growing field of professional individual’s personal needs and their fiduciaries, in 2006 the State of California estate often finding themselves to be in Often, once elder abuse has been reported, enacted the Professional Fiduciaries Act over their heads. In this case, the newly the elder or a close family member will hire [“the Act” - Bus.&Prof. Code §6500 et seq.]. appointed professional fiduciary works an attorney to try to recoup any monies The Act and its accompanying regulations backwards to ensure misappropriation of taken from the senior. Often, a professional [16 CCR §4400 et seq.] are administered funds did not occur, that the investment fiduciary is brought in to assist the senior by the Professional Fiduciaries Bureau strategy being pursued is prudent and not as a neutral party. Individuals and families [the “Bureau”] within the Department of too risky for the individual’s needs, and to have other options too. Often a bank or Consumer Affairs. ensure that income exceeds liabilities, in corporate trustee can be of service, however, addition to various other services as the typically the estate is required to be over $1 situation dictates. JANUARY 2012 • CITATIONS 23 million dollars. In these hard times, many people have lost much, if not most of their retirement and investments, and do not meet this threshold. Professional fiduciaries are often less expensive and are not tied to the investment managers employed by financial institutions. Professional fiduciaries are able to retain independent financial advisors and discharge those who do not perform satisfactorily. 11TH HOUR MEDIATION Although this profession is not new to our It’s never too late to mediate. community, it is growing leaps and bounds trying to keep up with the statistics. The next time your clients come to you with a difficult issue, a private professional fiduciary may be CAN’T SETTLE? your solution. GOT TRIAL? Accepting Civil Trial Referrals/Associations of Counsel

DAVID M. KAREN, ESQ. Mediator and Active Trial Attorney 26 year Plainti And Defense Litigator [email protected] Laura Viets and Eugenia Bates are licensed (805) 988-4728 professional fiduciaries Together they operate B&V Fiduciary Services 11THHOURMEDIATION.COM

LLEGALEGAL MMALPRACTICEALPRACTICE EXPERT WITNESS EXPERT WITNESS & LAWYERS ADVOCATE and LAWYERS ADVOCATE We are pleased to announce a new law partnership: STATE BAR DEFENSE STATE BAR DEFENSE Nielson|Huff LLP PHILLIP FELDMAN Attorneys at Law B.S., M.B.A., J.D., AV. (Preeminent) Fellow American Board of Professional Liability Attorneys Business | Real Estate |Corporate |Transactional | IP | Employment

Certified Specialist Legal Malpractice Lindsay F. Nielson, Esq. has practiced real estate and business law in Ventura County for (ABPLA & American Bar Association) 37 years. He has handled thousands of real estate matters and acted as a receiver for the Ventura County Superior Court in over 400 cases. He frequently acts as a mediator and Former Judge Pro Tem Judge Pro Tempore and is President Elect of Ventura Chapter of The Jerome H. Berenson Former State Bar Prosecutor American Inn of Court.

Fee Arbitrator 35 years Litigator/Expert 44 years Paul R. Huff, Esq., UCLA School of Law ’00 and Northwestern University ‘95, has represented hundreds of business and individual clients in real estate, corporate, Malp/Ethics Author transactional and intellectual property matters as well as business, shareholder and employment litigation. He acts as outside general counsel for companies throughout www.LegalMalpracticeExperts.com Southern California. Email: [email protected] [email protected] Nielson Huff LLP | 845 East Santa Clara Street | Ventura, CA | (805) 658-0977

(310)LEG-MALP(534-6257) www.nielsonhuff.com

ALSO FEE DISPUTES, PREVENTATIVE LAW & RISK MANAGEMENT CONSULTATIONS 24 CITATIONS • JANUARY 2012 

  Individual Corporate Partnership Estate & Fiduciary

Offer in Compromise (805) 641-1040 [email protected]

Eulau Accountancy Corporation

Michael C. Eulau, CPA

MBA, Finance, University of Chicago MSc Economics, London School of Economics Over 18 Years Experience

200 E. Santa Clara Street, Suite 200, Ventura, CA 93001

JANUARY 2012 • CITATIONS 25 CLASSIFIEDS

Office Space Help Wanted 818.707.CADR 818.707.2237 Great office in Westlake Village – Friendly Small law firm seeking paralegal for atmosphere, view to garden, 24/7 accessible part-time employment – Westlake Village, building, close to 101 Freeway and post 3 plus years of experience in transactional office. High Speed DSL Internet, conference law (estate and/or business). Must know  room, receptionist, photocopier, mail MS Word and Excel; have excellent writing  service, kitchen. $480/month. Utilities skills, be organized and detail oriented.  Included. (805)795-2211 Knowledge of trust administration, probate and/or WealthDocs is a plus. Background  Completely restored Victorian home – check is required. Contact MGarner@ Old Town Ventura, between the Mission CornerstoneLawCenter.com and the beach, many antiques used in restoration. Rent a piece of history. Built in 1897. Ventura City Landmark #73. 107 Tri-County Sentry

Figueroa St. Several offices available. Rents Newspaper ERISA Disability and Life Insurance start at $550/mo. Landlord pays utilities LEGAL/PUBLIC NOTICES Representing claimants in the denial of group and janitorial, and provides furnished We can publish your Trustee’s Sales, disability and life insurance claims.

common reception area. Call Don Parrish Probate Notices and Change of Names. Tracy Collins at (805)340-1204. Court Order No.125431 Attorney At Law Rates:

Tower office spaces available – Free Rent! Trustee’s Sales...$225 approx 5699 Kanan Road, Rare opening in suite 1180 in the “Tower,” Petition to Admin $180 For the best Suite 415 Change of Name...$110 service call Agoura(818) Hills, 889-2441 CA 91301 Ventura County’s premier office address. [email protected] “King’s Corner” office with great views as Legal Notices...$9.50 983-0015 Referral fees paid in accordance with We file your Affidavit of Publication with the court Professional Rule of Conduct 2-200. well as individual window offices available in multi-conference room, established, full attorney Suite 1180. Full amenities available, including potential for overflow or start-up assistance. Great turnkey location for solo, small firm and mediators. Short- or long-terms. Best offers accepted! Call (805)988-4848.

Fully built out – About 1000 sq feet office condo across the street from the County Courthouse, which is accessible by a pedestrian tunnel. The property consists of three offices, workstation and reception areas. The space is a turnkey unit with all systems in place. Great for a law firm of 2 to 3 attorneys, or a co-op. County Square Drive is a cul-de-sac with many other office buildings. It is close to restaurants and other services. There is plenty of parking in front and behind the building. This location is considered one of the best in the City of Ventura. $1200/ month - For more information call Sean Yoon at 805- 415-0804. 26 CITATIONS • JANUARY 2012 Exec’s Dot…Dot…Dot… By Steve Henderson, Executive Director, M.A., CAE

Washington Post. “I’m not suggesting that Paterson. He grew up in Thousand Oaks… they drop out of school and become janitors, Azamare Cruise to Venice and the Adriatic I’m talking about working 20 hours a week Coast? Howard Evans at hbevans@adelphia. and being empowered to succeed,” he said… net... Need to score 6 CLE units all in one day? The Barristers are hosting their Bridging The Judge Edward Brodie retired on Nov. 30, Gap event in conjunction with The Daily after more than 19 years on the bench. Judge Journal on Saturday, Jan. 21, at the Ventura Brodie was elected to the municipal court County Government Center (flyer contained in June 1992. He received a special interim herein). Substance Abuse, Bias and Ethics appointment by Gov. Pete Wilson and began will be front and center. New admittees and his term of office four months early. He was lawyers practicing less than two years are free. elevated to the superior court in June 1998. Lots of lawyers turned out to volunteer on Barristers in practice from two to five years He was a DA from 1984-1992 and a PD Thanksgiving Day at the Salvation Army’s pay $50. All others $75. Celene at 650.7599 from 1981-1982. Additionally, he was a CHP “One City, One Meal” event at the Ventura or [email protected]... officer for 12 years…Shoppers at the Boynton County Fairgrounds. Feeding nearly 600 folks Beach Mall in Florida could have received in need were Amy Dilbeck, Tom Adams, Speaking of Barristers, they have elected some legal counseling during their quest Judge Fred Bysshe, Mike Bradbury, Tom their new officers and directors: Robert for the perfect holiday gift. Three lawyers Hutchinson, David and Mary Shea…A Krimmer, president; Matthew Purcell, opened a kiosk called The Law Booth and they Justice Department lawyer who was the vp; Rachel Coleman, secretary; Rennee offered year-end specials. Through Dec. 31, longest serving federal prosecutor in U.S. Dehesa, treasurer; and Christina Stokholm, 15-minutes consultations were free and estate history has died at the age of 89. John immediate past-president. Board members planning was $300. A lawyer was available “Jack” Keeney retired last year after working include Tom Adams, Amy Dilbeck, on Black Friday starting at 4:00 a.m…. for the Justice Department for 59 years. Katherine Hause, Joshua Hopstone, Chris New officers for the Intellectual Property Keeney worked on organized crime cases Kunke, Brier Miron, Melanie Murphy, Section are: Chris Balzan, president; James under Attorney General Robert Kennedy, Kathryn Pietrolungo, Jon Schwalbach, and Dawson, vp; Doug English, treasurer; and helped negotiate a treaty with Switzerland Jaclyn Smith…Movie of the Month: Marty Pejman Yedidsion, secretary. The IP Section in the 1970s that gave U.S. investigators (zebra): “I’m still doing the same old thing. continues to meet the second Thursday of access to Swiss bank accounts, and had a Stand over here, trot over there. Eat some each month either at the bar offices or the role in the Watergate investigation. A Justice grass. Walk back over here.” Alex (lion): “I Plug Nickel in TO for lunch… Department building is named in his honor. see your problem.” Marty: Maybe I should His only prosecutorial regret? Keeney once go to law school.” On his tenth birthday, Justice Paul Coffeeswore in 15 new lawyers told NPR, “prosecuting alleged communists Marty (Chris Rock) laments his uneventful Dec. 6 in Courtroom #22. Coffee, whose in the 1950s.” Keeney served in WWII as a life to Alex (Ben Stiller) in “Madagascar” last day in the office is January 31, was B17 pilot. His plane was shot down and he (2005)…The 23rd Annual Bar Leaders compelling and heartfelt in delivering his was held in a Nazi prison camp during the Planning Session is scheduled for Feb. 11, at final observations, along with Judges Vince final months of the war…Argentina? Aris the Courtyard by Marriott. Representatives O’Neill and Brian Back. This was the first Karakolos at 659.6800 or akarakolos@ of sections, committees and affiliates should time in over six years that more men than fcoplaw.com... mark their calendars… women swore-in, 8-7, and 10 lawyers of the 15 verbalized they were searching for Kathleen Smith of Norman Dowler had a The NY Times has a compelling article work. Thanks to Joe Strohman, Christina letter to the editor published in the November entitled, “What They Don’t Teach Law Stokholm, Katie Pietrolungo, David issue of California Lawyer. Page 5 at www. Students: Lawyering.” It appeared Nov. Cunningham, and Jill Friedman for their callawyer.com…These people live among us – 20 at www.nytimes.com...A would-be law assist… GOP presidential contender Newt Gingrich is student in New York state has filed suit explaining his assertion that child labor laws seeking additional time to take the Law Steve Henderson has been the executive are “truly stupid.” Gingrich says he wants School Admission Test. Lisa Rousso, 41, director and chief executive officer of the bar to empower kids to succeed through a work of Fort Salonga, N.Y., says she needs more association and their affiliated organizations ethic. In poor neighborhoods, he has said time because of a brain disorder that causes since November 1990. He will be sideline during in recent speeches, children can’t earn cash her to read and write more slowly. Rousso the Rose Bowl January 2 rooting for his Ducks because they are “trapped in child laws.” He is asking for an additional three hours to and the BCS Championship game January offers school janitorial jobs as an example, take the test. She seeks accommodations for 9 cheering on his cousin, Tyrann Mathieu. saying kid janitors “would be dramatically her disability caused by a removal of a brain Henderson may be reached at steve@vcba. less expensive than unionized janitors.” lesion in 2005…Ventura County native Jon org, Twitter at stevehendo1, FB, or better yet, Gingrich elaborated in an interview with the Schwalbach has joined Ferguson Case Orr 650.7599.

CITATIONS PRSRT STD Ventura County Bar Association US POSTAGE 4475 Market Street, Suite B Ventura, California 93003 PAID PERMIT NO. 507 OXNARD, CA 93030

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