Serving San Luis Obispo County’s Legal Community January– February 2019

SLOLAF Raises Funds to Serve Vulnerable County Residents Dan Dow Chooses New District Attorneys 2 January–February 2019 www.slobar.org SLO County Bar Bulletin SAN LUIS OBISPO COUNTY BAR ASSOCIATION

2019 Board of Directors CONTENTS President Michael Pick President’s Message: What Are Your Perceptions Vice President of Gratitude? 4 Stephanie Barclay Welcome President Michael Pick 5 Secretary/Treasurer Trevor Creel Dan Dow Chooses New District Attorneys 6 Directors Raymond Allen SLOLAF Gala Raises Funds to Serve Residents 12 Joe Benson Kevin Elder Welcome Leslie Kraut, Newest Bench Officer 16 James Graff-Radford Matthew Guerrero Chelsea Olson-Murphy 2018 Holiday Party 18 Martha Spalding Seitz and Pentagelo Awards 20

Ex-Officio Editor’s Message 22 Sheryl Wolcott Top Five Techniques to Use With Difficult Clients 23 Sections SLOCL Presents First Justice Andreen Moot Court 26 Alternative Dispute Resolution Raymond Mattison (805) 544-1232 LRIS Barbecue Fundraiser and LRIS 101 27

Civil Litigation Bar Bulletin Editorial and Advertisement Policy 34 David S. Hamilton (805) 460-7291

Criminal Defense Matthew Hanley (805) 541-3777 BAR BULLETIN COMMITTEE Estates and Trusts Editor: Raymond Allen — (805) 541-1920 Herb Stroh (805) 541-2800 [email protected] Family Law Photographer: Gail Piedalue — [email protected] Greg Abel (805) 543-3287 Publisher: Joni Hunt — [email protected] Labor & Employment Law Jane Heath (805) 225-1773 Advertising: Nicole Johnson — (805) 541-5930 [email protected] Real Property Law Jacqueline V. Frederick (805) 929-1120 The Bar Bulletin, ©2019, is published six times a year by The San Luis Obispo County Bar Association, P.O. Box 585, San Luis Obispo, CA 93406, (805) 541-5930, and subscription is Kevin D. Elder (805) 541-2800 included in the membership dues. The Bar Bulletin welcomes and encourages articles and letters from readers. Please send them to Raymond Allen at the above e-mail address. The Emerging Lawyers San Luis Obispo County Bar Association reserves the right to edit articles and letters for publication. All material herein represents the views of the respective authors and does not Jonas Bailey (805) 232-4577 necessarily carry the endorsement of the San Luis Obispo County Bar Association, its Board of Directors, its committees, and/or its sponsors and advertisers, unless specifically stated.

SLO County Bar Bulletin www.slobar.org January–February 2019 3 by Michael R. Pick Jr. What Are Your Perceptions of Gratitude?

f you are reading the Bar customs of Southern California administration of justice and the Bulletin, you, just like me, practice were still ingrained. welfare of attorneys in our com- have many reasons to be Gracefully, Judge Crandall gave munity. It is hard to imagine a grateful. In my mind, me some advice that things are place where the bench and bar Igratitude is simply a matter different in this community and work together more effectively. of the perception of valuing the to ease up on the aggression. His Thank you to our judges! things around you. In the hopes guidance was invaluable as well Finally, the San Luis Obispo of this submission not sounding as correct. We have a community County Bar Association Board of too much like a memorandum of of talented and effective lawyers Directors. The Board for 2018 did points and authorities, I present who are professional and colle- an amazing job despite a number to you five perceptions of grati- gial. We should all be grateful of anomalies such as the unprece- tude. to practice in this community. dented contested judiciary race, a First, we live in paradise! Third, the “non-lawyers” who change in the long-term executive With the comfortable climate, 80 make up our legal community. director, and our previous presi- miles of beaches, 250+ wineries, We have amazing people who dent moving off the board early cornucopia of agriculture, low perform many of the tasks that because of judicial appointment. density, great outdoor activities, do not get the attention lawyers Sheryl Wolcott was an amazing and the general laid-back vibe, receive, although their work is president that served our commu- San Luis Obispo County, from critical to serving clients. The nity tirelessly. Thank you, Sheryl, my perspective, is the best place quality court clerks, court report- for providing me a great template to live. It is nothing short of a ers, file clerks, bailiffs, paralegals, from which to work. blessing to call San Luis Obispo legal secretaries and process serv- I’m thankful and humbled County home. ers we work alongside make the for the confidence you have in Second, the practice of law practice of law in this community me and my ability to serve as in this community is special. For easier and stronger. Thank you the San Luis Obispo County Bar many attorneys in “town,” who to everyone behind the scenes Association President this year. have practiced out of the area, serving our legal community. I appreciate the friendships I’ve they know that practicing law Fourth, our judges. We have made and hope to make many in this area is unique. I recall my an amazing team of judges and more this coming year. first appearance in front of Judge support team who care about the A special thank you to Crandall, where the habits and integrity of our legal system, the Collette Hillier who served as the

4 January–February 2019 www.slobar.org SLO County Bar Bulletin President’s Message continued Bar Bulletin editor. Although our Barclay has agreed to serve as and serve shoulder to shoulder new editor, Raymond Allen, will Vice-President and Trevor Creel with them. I look forward to do a fantastic job as editor and has agreed to serve as Secretary/ another great year. director, Collette will be missed. Treasurer. Also, Joe Benson will In conclusion, I would chal- Our Board for 2019 is stacked. be joining the board and will pro- lenge everyone to take stock of Along with the return of the vide a new voice. what we have in our community Honorable Matthew Guerrero, I have no doubt that this and assign the value to it that it Sheryl Wolcott, Martha Spalding, group of people will serve the deserves. If you are like me, you Kevin Elder, Chelsea Olson- bar in a meaningful and effective will be left with an immense feel- Murphy and James Graff-Radford way. I am personally grateful to ing of gratitude. n serving on the board, Stephanie have gotten to know everyone

A Warm Welcome to SLO Bar President Michael Pick! by Sheryl Wolcott

e are fortunate to have Hope and Continue Hope in Obispo, where he and his wife are Michael Pick taking the Somalia and Operation Distant raising their three sons, ages 14, Whelm as President of the Runner in Burundi. 12 and 5. Bar Association for 2019. As a sole While in the Marines, Pick When he’s not working for his practitioner at the Pick Law Of- worked with attorneys who clients or volunteering his time to fice, he is a civil litigator special- inspired him, and that planted the Bar Association, the Fee Arbi- izing in real estate, business and a seed. Upon completing his tration Committee, and the Legal estate disputes. service, he visited San Luis Referral and Information Servic- He was raised in various Obispo and soon returned es, Pick loves spending time with cities across California and as a student at Cal Poly. There he his wife and family, watching his began his ongoing practice of earned his undergraduate degree boys participate in sports, read- martial arts at age five. He also in 1999 and met his wife of 18 ing, camping, hiking, music and played football and basketball years. He went on to earn his law “routine doses of faith.” as a youth, and dreamed of being degree from California Western Please welcome Mike Pick, a Laker when he grew up. When School of Law in San Diego in your incoming Bar President. n the NBA didn’t come calling, Pick 2004. In 2008, Pick and his fam- joined the United States Marine ily happily returned to San Luis Corps right out of high school, serving honorably, including service in Operations Restore

SLO County Bar Bulletin www.slobar.org January–February 2019 5 Dan Dow Chooses New District Attorneys by Raymond Allen Photos courtesy of Christine Joo

Dan Dow and the Question to Dow about the new deputies scenarios provide insight into of Character and his approach to team whether the candidate is a n March 8, 2018, in building. “win-at-all-cost” type of person. response to an election Dow tells all new hires that they challenge, Dan Dow Deciding Whom to Hire “are expected to always provide expressed his view- Dow is incredibly gracious. every bit of evidence that is Opoint for The Tribune. He wrote, He offered and made me an exculpatory.” As a result, deputy “I’m an Army veteran, career individual cup of espresso. district attorneys are willing to prosecutor, husband and father. He ushered me to his office. allow a criminal defense attorney I’m not a career politician, but Although he probably had a to review their physical file at any I’m honest and I’m willing to full schedule of meetings and moment. admit I don’t have all the answers events that afternoon, we chatted In hiring, “We also look at for society’s ills. What I do have casually. He sat with an open life experience, the exercise of is my word; my record; and my posture and made continuous judgment and the ability to work team; each of which I proudly eye contact. independently,” said Dow. “We stand behind.” A deputy district attorney has want people that have unique Espirit de corps is a military great discretion. His or her basic life experiences, not just people term that is used to express team personality can have long-term who have gone to college, then morale. Military leaders have effects on the lives of hundreds law school, and are now looking long understood that success of individual criminal defendants. for a job with a district attorney’s requires every person in the corps As a result, the first question office. Without life experiences, to embrace the goal and seek I asked Dow was, “How do your worldview might be too excellence. The development of you decide whom to hire?” rigid. excellence requires appropriate “When we recruit and “We look for men and women tools, training and preparation; interview, the number one who have played sports. There honest feedback; and relentless thing we look for is ethics,” said are many values that sports teach: determination. Putting the team Dow. “Because the discretion competitiveness, drive, self- together is the first step in of a deputy district attorney is motivation, being a team player building a quality organization. so great, we need to make sure and accepting a challenge.” At last count, there were 35 they understand the focus is on Once hired, Dow does deputy district attorneys. Four justice.” The mission of the office “not grade deputies on jury of those were hired by Barry is “bring justice and safety to trial victories. Winning is not LaBarbera, 14 were hired by our community by aggressively an appropriate goal. Justice Gerry Shea, and 17 have been and fairly prosecuting crime and is the goal.” hired since Dan Dow took office.1 protecting the rights of crime Diversity in the office is Dow is putting a permanent victims.” another goal. I asked Dow what thumbprint on the district One interview technique, his strategy was for increasing attorney’s office and on the Dow explained, is to role-play racial and ethnic diversity within legal landscape of our criminal with interviewees regarding the office. After pointing out that justice system. ethical issues. If you were the many of the recent hires reflect Recently, I stopped by the prosecutor, what would you do in diversity, Dow explained how his district attorney’s office to speak this situation? These hypothetical office reaches out to law schools.

6 January–February 2019 www.slobar.org SLO County Bar Bulletin New San Luis Obispo Deputy District Attorneys include, left to right, Kris Baughman, Nicholas Quincy, District Attorney Dan Dow, Phil Joo, Ashley Cervera, Delaney Henretty, Lisa Muscari, James Graff-Radford, Michael Frye.

When hiring for entry-level and oration, the dream evolved. Attorney’s Office. “I instantly deputy positions, “We actively He wanted to be a prosecutor. clicked with all my interviewers, reach out to Black and Asian law He went to the University getting an offer a week later.” school associations.” The goal of Texas at Austin for his under- For a young professional, is to get people of color, who graduate degree, then to the San Luis Obispo can be challeng- otherwise might not think about University of Illinois College of ing. The cost of housing is very a career as a prosecutor, to think Law. After law school, Dandekar high. The opportunity to socialize about making positive change in moved to California. He had few with other young professionals the legal system from the inside. connections, no employment is limited because of the region’s offers and no money. After three demographics. Nonetheless, Nikhil Dandekar months of living on a friend’s Dandekar has made good friends Nikhil Ashok Dandekar was futon in Los Angeles, he got at the office and enjoys a variety the first deputy district attorney an opportunity as a volunteer of activities and hobbies. hired by Dan Dow, on October 27, attorney in Santa Barbara. “I’ve ‘retired’ from basketball 2014. As a boy in Texas, Dandekar “I spent a year there learning after chronic knee injuries, but I watched Law and Order, a long- about the Penal Code, conducting still play tennis, golf and softball. running NBC series that chronicled preliminary hearings and getting I hope to continue doing so for the development of a criminal a crash course in domestic as long as I am physically able.” case from the incident to the violence prosecution….” In addition to sports, Dandekar prosecution, and dreamt of being Finally in September 2014, has developed an interest in an FBI agent. Later, as he became he had his interview with the photography. He spent much of self-aware of his skills in writing San Luis Obispo County District Continued on page 8

SLO County Bar Bulletin www.slobar.org January–February 2019 7 New District Attorneys continued 2018 learning the art and crafting his skills in the medium. “I also enjoy spending time volunteering with kids. In particular, I work with Big Brothers Big Sisters and coach the Mission College Prep High School mock trial team.” Being a deputy district attorney is rewarding and fulfilling. Dandekar says, “I believe in the work that I do because I want to help people. As a prosecutor, as clichéd as it may come across, I feel like I am making a difference in the community, and to me, that alone makes it worth it.” On the other hand, being a prosecutor can be hard. “The most difficult part of Dan Dow, Kris Baughman, Nicholas Quincy, Phil Joo, Michael Fry and this job,” says Dandekar, “is James Graff-Radford enjoy a light-hearted moment during the photo shoot. informing victims of crime that I cannot prove a case, or telling In October 2015, Dow hired law school, passed the bar and them that I was unable to prove James Graff-Radford. Like many got a job with the Riverside the case at trial. I take a lot of of the deputy district attorneys, District Attorney’s Office, David pride in my work and, because Graff-Radford had been a deputy Greenberg was there to coach that effort is motivated in part elsewhere. He made a lateral him some more. “He remains by the closure a successful transfer from Riverside County. a mentor to this day.” prosecution can provide for Graff-Radford became Attorneys are driven, goal- victims, it feels very personal excited about the law when he oriented control freaks. There is when I am unable to give them participated on the mock trial no sense in arguing nature versus that closure.” team at Palm Desert High School. nurture; it is enough to know That experience made him that it is true. Graff-Radford’s James Graff-Radford want to practice law. His mock pedigree has the familiar feel of As Dow settled into his trial coaches, David Greenberg the overachiever. His father and position as the district attorney, and John Christl, were recently two uncles immigrated to the the office was transforming hired prosecutors working for United States from South Africa. through significant personnel the Riverside County District They all practice medicine, and changes. Some deputies were Attorney’s Office. “They were so patients now travel from all over promoted out of the courtroom devoted and conscientious that America to be seen by them. and into administration of the they bought pizza for us before Graff-Radford’s aunt, who lives office; some deputies quit or every practice. Their enthusiasm in England, is an artist and has retired, and some became bench for both the legal profession and designed sculptures for the royal officers. As a result, the district public service was contagious. At family. She also designed a major attorney had to hire many new least three of us who were on the piece for the 2012 Olympics, attorneys. After Nik Dandekar, team became lawyers and another which were held in London. His Dow’s office hired, in chronolo- became a sheriff’s deputy.” mother is a successful real estate gical order, Chris White, Nicholas Ironically, years later, when agent who, at an age many would Quincy and Ashley Cervera. Graff-Radford had completed retire, still works six days a week.

8 January–February 2019 www.slobar.org SLO County Bar Bulletin “Those who came before me,” Hanford, California. Eventually, restaurant is Ember in Arroyo Graff-Radford says, “set a very they were married and Christine, Grande. high bar.” who works in public relations, Joo likely will have a positive Like all the deputies, Graff- followed Joo to the Central Valley. impact on criminal prosecution Radford takes seriously the Joo quickly moved from in our county. Any of us could mission of the office. “Balancing the misdemeanor calendar to become a criminal defendant the ethical obligations as a the general felony calendar. The or a victim of a crime. It is good prosecutor with our duties to the small rural area was awash with to know that people like Phil Joo public makes the job difficult but criminal street gangs, illegal are working in the criminal rewarding at the same time.” drugs and prison violence. Oddly, justice system for all of us. The job of a deputy district this is the perfect laboratory for attorney gets infinitely more a young deputy district attorney. Jon Kawashima difficult when you are soaking In general terms, when young In February 2018, Dow wet. Graff-Radford recalls that people are placed in positions hired Jon Kawashima, who finds the funniest and scariest thing of power with great discretion, fulfillment in being a prosecutor. to ever happen to him in court they either become tyrannical In many respects, he has groomed was right before a voir dire. Just or prodigal. Some deputies value himself for the job. He was a com- as he was about to start his career over the mission. Their munication major and criminal questioning of potential jurors, true nature soon surfaces. Luckily, justice minor at California State he spilled a full pitcher of water Joo’s basic nature seeks fairness. University Fullerton. He went to all over counsel’s table. The He is, perhaps, one of the kindest law school at Pennsylvania State civility of San Luis Obispo likely people on the planet. for the sole purpose of becoming surprised him: “Everyone in court Toward the summer of 2017, a prosecutor. He believes, like acted like nothing happened.” Joo began to look for work in many in the office, that the Southern and Central California. purpose of his job is to seek Phillip Joo When he interviewed with the truth and justice. Born in Southern California, San Luis Obispo County hiring Although being a deputy Phil Joo attended Valley Christian team, he was struck by the district attorney can be stressful, High School in Cerritos, completed sincerity of Dow. Joo felt they he finds solace in his faith, his his undergraduate work at had a good connection. “His family and the fun he finds University of California Irvine message was clear,” said Joo. on weekends. He enjoys local and graduated from Chapman “He wanted all of his deputies restaurants and the incredible Law School. to always do the right thing. To vistas and parks around town. After a brief stint as an insur- search for truth, to act on truth.” Being a deputy is not all ance defense attorney, he applied If that means dismissing a case, stress and litigation, however. throughout the state to become a then Dow would support that Kawashima recalls a jury trial prosecutor. He wanted to become decision. However, Joo said, “If that took a turn toward the funny. a deputy district attorney because we are going to prosecute, then While doing his direct examina- he had interned with the Orange he wants us to be aggressive and tion of the victim of a robbery, County and Los Angeles County prosecute to the fullest extent of Kawashima asked the victim if he District Attorneys’ Offices during the law. This is a good office to saw the man who robbed him— law school. work for.” twice—in court? In June 2014, he was hired When he is not working, “Yes,” replied the victim. by the Kings County District Joo enjoys the beauty of the area. “Please point him out and Attorney’s Office. Although He hikes and backpacks and describe an article of clothing.” jarred by the cultural and lifestyle loves Montaña de Oro. He plays The victim then pointed difference, he loved his work. on a softball team that features directly at the district attorney’s He maintained his long-distance deputies and spouses. He and investigator. relationship with his girlfriend, Christine also enjoy cooking and D’oh! Christine, and settled in to eating good food. Their favorite Continued on page 10

SLO County Bar Bulletin www.slobar.org January–February 2019 9 New District Attorneys continued

“My other family, the Mains, also came [to the American Colonies] before the Revolutionary War, but we believe they were loyalists to the Crown and then came back later after emigrating to Canada in the wake of the Revolutionary War. “James Henretty was a blacksmith who immigrated to the Shenandoah Valley when the King seized his lands in the plantation of Ulster in the early 1800s.” Henretty had gone to the University of Michigan to be a doctor. He later changed Lisa Muscari, Delaney Henretty and Phil Joo appreciate all the Central Coast his major and received his has to offer. undergraduate degree in mechanical engineering. He Delaney Michael Henretty In one of her law school graduated Magna Cum Laude. and Lisa Beth Muscari classes sat a United States Marine. After college, he worked for Lisa Muscari’s grandfather Muscari thought the uniform was Chrysler Corporation as an came to America from Calabria, cool, but was persuaded to join engineer. Italy, the area euphemistically the Marines when she discovered Feeling unfulfilled, Henretty called “the toe of the boot.” He that the Judge Advocates would moved to Colorado. Like settled in Chicago and married provide a lot of trial experience. Muscari, Henretty fell in love a beautiful Polish woman. Delaney Henretty traces his with the beauty of the state. Muscari’s father was a physicist, American lineage back to the An outdoorsman, he skied and and she grew up in the burly city 1600s. “Elder John Strong, first rode his motorbike. He worked of Chicago, surrounded by strong Elder of Eleazer Mather’s Church at various jobs in Denver; for and intelligent people. in Northhampton, Massachusetts, instance, he was a diesel auto Early in life, Muscari fell in is a direct ancestor of my mother. mechanic. At age 26, Henretty love with the beauty of Colorado. William Miller, direct ancestor of decided he wanted to be a combat She attended the University my paternal grandmother, lived infantry officer and joined the of Colorado in Boulder, earning down the street.” United States Marine Corps. a Bachelor’s degree in chemistry Wikipedia has this to say Joining the Marines as an and a Master’s degree in Business about John Strong: “Strong was officer starts with the Officer Administration (MBA). She born in about 1610 in Chard, Selection Office (OSO). A received her law degree from the Somerset, England and emigrated captain begins the training and University of Denver. During law to Massachusetts with his determines if you will continue school, Muscari volunteered at pregnant wife and a one-year-old on to Officers Candidate School a local law office where she was child in 1635 aboard the sailing (OCS) in Quantico, Virginia. As allowed to try misdemeanors ship Hopewell. During the 70-day destiny designed, the lives of the under the supervision of a lawyer. sea voyage, his wife, Marjory granddaughter of a recent Italian Her first trial was as a defense Deane (md. 1632) had a baby immigrant and the ancestor of attorney, and she won. Simply while they were still at sea. She an original colonial settler of put, “The People did not prove and their infant child died within Massachusetts were about to their case.” two months of their arrival.” intertwine. Lisa Muscari entered

10 January–February 2019 www.slobar.org SLO County Bar Bulletin the selection office wearing Navy woman. Muscari learned that the relationships.” Also, by this time blue wool pants, a wool hat with alleged victim was the girlfriend they had three children: a 19-year- flowers, a rope tied around her of the corporal’s best friend. old boy and twins in the eighth waist and a plain grey shirt that The woman was sacrificing the grade. said “College.” Henretty spotted friend in order to try to save her The deciding factor for their Muscari. relationship. The rape allegation move was Dow’s leadership. “I noticed right away,” he fell apart when Muscari Henretty says, “In the Marines recalls with a smile. uncovered the fact that the we learned two principles of She says, “I remember during alleged victim and the corporal leadership: one, set the example, runs, when we were supposed had been together, at the shooting lead from the front; and two, take to be silent, he would yell out range, the day after the alleged care of your Marines.” ‘Muscari!’ I liked that.” rape. Dismissal. In the military, this is called After more training at OCS, In 2001, Henretty resigned “servant leadership.” To be a they were sent to the basic school, his commission in the Marines. good leader, you commit to known as TBS. All Marines are He wanted to be a lawyer and serving others. Muscari and trained at TBS in basic skills attended the University of San Henretty believe that Dow was of combat because all Marine Diego Law School. During law called to leadership to serve officers are considered line school he had opportunities to others. “In his heart, he tries to officers. After TBS, they each clerk for the appellate court and live that idea out.” went to their respective specialty then the Contra Costa County Muscari and Henretty, like school. Muscari was sent to District Attorney’s Office. When most attorneys that move to Naval Justice School in Newport, he graduated law school and San Luis Obispo, are struck by Rhode Island; Henretty stayed at passed the Bar, Henretty took the beauty of the place. They Quantico to complete his Infantry a position with the Riverside have also been struck by the Officer course. District Attorney’s Office and consistent level of civility and They were independently was assigned to their Indio office. collegiality among attorneys. billeted to Twentynine Palms, In 2004, Henretty made a Here, the lawyers often agree a Marine base 50 miles northeast lateral transfer to San Bernardino on the conclusion; we just of Palm Springs. Twentynine County District Attorney’s Office disagree on the best approach Palms is sarcastically referred in Joshua Tree. Meanwhile, to reach that conclusion. to as “Twentynine Stumps” Muscari was still in the Marines. “I believe,” Henretty said, or “Stumps” because of its She had risen to head prosecutor “pursuing justice is the best job desert location. In the mystical, at Stumps. Soon, however, she in the world.” n magical, romantic world of also resigned her commission, sat Stumps, Muscari and Henretty for the California Bar, and became dated, they fell in love, and they a deputy district attorney in San 1 In order of hire: Nikhal were married. They lived in Bernardino. Dandekar, Chris White, Nicholas base housing. Muscari worked Henretty and Muscari worked Quincy, Ashley Cervera, James at the Judge Advocate Office for the San Bernardino District Graff-Radford, Rebecca Speer- and Henretty was a platoon Attorney’s Office for 12 and 10 Mathews, Michael Frye, commander for the Marines years, respectively. In 2018, they Stephen Wagner, Chris Peuvrell, 3rd Battalion, 4th Marines, moved to San Luis Obispo to join Megan Baltierra, Phillip Joo, 7th Marine Regiment. our district attorney’s office. They Jon Kawashima, Lisa Muscari, In the USMC, Muscari was had met Dan Dow in Indio. “He Delaney Henretty, Kris assigned to be defense counsel. is an amazing, principled man,” Baughman, Danielle Baker She remembers that among the said Henretty. and Scott Hunter. first cases she handled was a “It was a hard decision to rape case. A young male corporal leave San Bernardino because was charged with raping a we knew everyone, we had great

SLO County Bar Bulletin www.slobar.org January–February 2019 11 slolaf gala raises funds to serve county residents

by Erica Flores Baltodano, SLOLAF Board Member Cover & interior photos courtesy of Renoda Campbell Photography

an Luis Obispo Legal auctioneer Todd Ventura. Guests Assistance Foundation enjoyed an impeccably prepared (SLOLAF) held its fifth dinner by Farmhouse Corner annual fundraiser, Market, New Orleans-inspired “MasqueradeS in the Big Easy,” hurricane and Sazerac cocktails, at the home of Lisa and Michael and reserve wine tasting by Ziyad Naccasha receives 2018 Access to Toke on September 22, 2018. The Tolosa Winery. A three-piece jazz Justice Advocate award from SLOLAF’s event, which sells out year after band set the mood while people Stephanie Barclay. year, was attended by 250 guests visited the casino table or had who collectively raised an their fortunes told by a fortune incredible $150,000 to benefit teller or palm reader, sponsored SLOLAF’s programs. SLOLAF by Radovich Mediation Group. provides free legal services to I knew it was going to be a good vulnerable San Luis Obispo night when the palm reader County residents in need, revealed my deep passion for including seniors, veterans, service and reminded me of my and families. ability to lead others toward good The 2018 Access to Justice deeds. Advocate award was presented Indeed, SLOLAF relies on the to Carmel & Naccasha LLP for its generosity of the legal community steadfast commitment to access and others to support its pro- to justice and community service. grams, including the Senior Legal Ziyad Naccasha accepted his Services Project, which handles firm’s award, but shared the stage a variety of legal matters for SLO with Associate Dallas Mosier, County seniors in need. SLOLAF who has served as president of also provides legal services to Dallas Mosier, SLOLAF outgoing the SLOLAF Board of Directors veterans who are homeless or president (above), introduces Erica Flores for the past four years. Instead of at imminent risk of becoming Baltadano, incoming president (below). the traditional jump in the pool, homeless, and in August, SLOLAF Dallas announced that SLOLAF unveiled a new Family Law has named its incoming board Advice Clinic in collaboration president. I am honored and with the San Luis Obispo College look forward to stepping into the of Law to help low-income board president role in January residents with legal advice 2019. In the meantime, here’s a on divorce, custody and other recap of SLOLAF’s successful family law matters. evening and a brief update on the In addition to hiring a part- exciting growth that lies ahead. time Bilingual Outreach Coordin- “Masquerade in the Big Easy” ator to increase our reach and featured a fun-filled silent auction ability to serve Spanish-speaking and live auction with professional Continued on page 14

12 January–February 2019 www.slobar.org SLO County Bar Bulletin Dressed for the gala’s theme are (from left) Jeri Cain, Trudy O’Brien, Robyn Randall and Valerie Hosford. Auctioneer Todd Ventura consults with Emcee Wendy Thies Sell.

Thank You to Our Sponsers, who included the following— Benefactor sponsors Adamski Moroski Madden Cumberland & Green LLP Andre, Morris & Buttery The Baltodano Firm, A Professional Corporation e-Legal Services, Inc. Ernst Law Group Harris Personal Injury Lawyers, Inc. Pacific Western Bank Ray Mattison, Professional Mediation Patron sponsors Above, from left, Renate Paine, Sam Blakeslee, Thomas Paine. Federman Law Firm In Trust Legal Below, from left, Dr. Mary Genevieve, Jennifer Blomfield, Steve Adamski, O’Leary Wallace Paine Financial Services Nellie Salisbury. Pacific Premier Bank Rabobank Additional Business Sponsors Foronjy Financial Law Office of Daniel J. O’Neill Linda Butler Haven Properties Patricia Gómez Poor Richard’s Press San Luis Obispo College of Law Sara Santana Edward Jones Senior Living Consultants Sinsheimer Juhnke McIvor & Stroh, LLP Stein-Conaway Law Firm, PC Trout & Associates, Professional Fiduciary Service

SLO County Bar Bulletin www.slobar.org January–February 2019 13 Mical Bovee, Jenn Bovee, Al Eschenbach and guest Alisa. Renee Mosier clients, SLOLAF is thrilled to to the success of “Masquerade in welcome Donna Jones as our the Big Easy,” such as our Access new Executive Director. Jones to Justice Sponsor Carmel & is a CPA with expertise in the Naccasha LLP. areas of finance and nonprofit “Jazz music is the power management. She has been an of now,” Wynton Marsalis once avid supporter of SLOLAF for said. “There is no script. It’s con- the past several years, and versation. The emotion is given her side passion for special to you by musicians as they event décor is the reason why make split-second decisions SLOLAF’s annual fundraiser to fulfill what they feel the always looks so amazing! moment requires.” The addition of Jones to It is imperative that SLOLAF, the SLOLAF team will allow like a skilled jazz musician, be Stephanie Barclay to step into able to make decisions to fulfill a new Legal Director position the needs that the moment to expand our legal services requires, and in this moment, programs, increase the number SLOLAF is the only place many of volunteer attorneys who local residents can turn to for Above, Consuelo Meux. Below, Debbie help us fulfill our mission, and free legal services. Thank you Trout wins the wine-filled fridge. ultimately make it possible for to everyone who helped to make us to serve more clients in need. “Masquerade in the Big Easy” SLOLAF’s reputation as a our most successful fundraiser to competent, capable and well-run date. The Tokes have generously legal services organization has offered their home again for given funders the confidence SLOLAF’s Sixth Annual Fund- to continue funding us, but a raiser. The event will be held on full one-third of our budget is Saturday, September 21, 2019. funded by our annual fundraiser. If you would like to help As such, we are immensely plan the event or learn more grateful to our local attorneys about sponsorship opportunities, and friends for their ongoing please contact Stephanie Barclay support, especially those who at [email protected] or (805) made significant contributions 548-0792. n

14 January–February 2019 www.slobar.org SLO County Bar Bulletin Pat Collins, Melissa Rapp

Cynthia Valenzuela, Jacqueline Frederick, Esperanza McCullough

Jeanne Webber, Chie Park

Above, Angie King, Barry LaBarbera, Jeanne LaBarbera, Lisa Toke, Scott Wall

Below, Dave Becker Trio.

Sherri and Dave Parkinson.

SLO County Bar Bulletin www.slobar.org January–February 2019 15 Welcome Commissioner Leslie Kraut, Our Newest Bench Officer by Ann Duggan and Rita L. Neal

t was late one afternoon in customary formality of a proper 1994 in Ventura Superior “business” introduction and Court when a Japanese encounter. Thus, when she found diplomat/defendant, the man in the courtroom, Kraut Ifeigning an inability to speak introduced herself in a formal English, was delaying a busy manner, complete with a courte- misdemeanor arraignment calen- ous and respectful bow, and the dar by pretending he could not delicate receipt and exchange of comprehend the proceedings business cards. An amiable but that involved him. The court direct conversation in Japanese was frustrated because without ensued, which concluded with a Japanese interpreter available, the man’s realization that faking a which was typical then and still language barrier wasn’t working is now, the man could neither be or helping him. Thus, in clear and arraigned nor even told that his passable English, the man not case would have to be delayed only admitted to the court that he until a day when an interpreter understood what the court was could be available. telling him, but that he was ready career experiences make her Court staff were furiously to dispose of his case that very exceptionally well qualified to working the phones to find day, without any interpretive preside over the various types someone to help speak to the man assistance. Crisis averted! of cases she will confront as when the courtroom bailiff, who The rest of the calendar then Commissioner. had become friendly and familiar proceeded to its conclusion with- Raised by a young, widowed with the latest crop of young, out any further incident or delay, mother who possessed only a recently hired lawyers in the much to the relief of everyone high school education, Kraut courthouse, suggested that the there. As Kraut left the courtroom, learned at a young age that she court reach out to a resourceful a grateful Judge Jack Smiley had to work hard and often and enterprising young attorney proudly exclaimed, “Do we independently to achieve her who was conversationally fluent know how to pick ‘em or what?!” goals. Along the way, she has had in Japanese. On his suggestion, Undoubtedly, our local San some truly amazing experiences, the court summoned Deputy Luis Obispo Superior Court has which include not only her year District Attorney Leslie Kraut made a similar assessment of in Japan, but an internship in to the courtroom to do what she Kraut’s distinguished and diverse Colonial Williamsburg for an could to help the man and move legal background and, based on early American history program his case along. A wise decision! that assessment, on October 24, while in college, a post-college As it turned out, Kraut’s 2018, offered her the position stint working full time for a experience from having taught in of Court Commissioner to fill a fishery’s lobbyist in Washington, Hanamaki, Japan, for a year prior vacancy created by the appoint- D.C., internships at the U.S. to starting law school, as well ment of current Commissioner Attorney’s Office and City as her fluency, paid unexpected Tim Covello to Superior Court Attorney’s Office in San Diego, dividends for the court that long Judge. Kraut begins her duties an internship at a Barrister’s afternoon. From her experience as commissioner on January 7, Chambers in London during law in-country, Kraut became familiar 2019. Kraut’s broad and unique school, and time spent as a CASA with the importance of the personal, educational and volunteer.

16 January–February 2019 www.slobar.org SLO County Bar Bulletin Kraut graduated from the cases in the Ventura appellate University of California Santa court. Barbara in 1988 with a Bachelor’s Her experience in appellate degree in History. She then matters has resulted in three graduated from the University of successful arguments that San Diego School of Law in 1993, resulted in published opinions, where her natural and exceptional the most notable of which was courtroom abilities and demeanor J.H. v. Superior Court (2018) 20 resulted in her being named the Cal.App.5th 530, which now chair of the Appellate Moot Court stands as important authority Board during her third year, as on the question of the extent to well as her receipt of the Dean’s which the California Supreme Commendation for School Service Court’s test for admitting expert and the Order of Barrister’s opinion after its decision in People Award for Excellence in Oral v. Sanchez (2016) 63 Cal.4th 665 Robert, Joseph, Leslie and Matt Kraut Advocacy and Brief Writing upon would apply to limit the use of graduation. Department of Social Services area of the law to provide a badly Following graduation from reports in Child Dependency needed calm and confident pres- USD, Kraut passed the Bar and matters. (The Court of Appeal ence in court as the department accepted a position as a Deputy concluded that the Sanchez searched for a replacement District Attorney with the Ventura limitations do not render such director. County District Attorney’s Office, reports inadmissible.) Kraut’s Thus, Kraut brings to the where she worked until May 1998. success on the J.H. appeal bench an impressively broad Her experience there included was received throughout the and deep background in several a rapid progression through state among County Counsel’s areas of the law, which includes increasingly difficult assignments offices with enormous relief and experience as a trial and appellate and included felony jury trial overwhelming praise. litigator in civil, criminal and experience, juvenile delinquency In addition to her appellate administrative matters. One prosecutions, asset forfeiture and work, as a Deputy County would be hard-pressed to find white-collar crime prosecutions, Counsel Kraut has handled another lawyer with a legal and finally felony domestic administrative, probate and background as diverse as Kraut’s. violence prosecution. It was civil matters for the San Luis San Luis Obispo County Counsel in Ventura that Kraut met and Obispo County Office of the Rita Neal describes Kraut as married her husband, Matt Kraut. Public Guardian—an assignment “a bright, talented and smart In 1998, the couple moved to that has also included several lawyer” who will bring “a San Luis Obispo County, at which conservatorship jury trials—and wonderful judicial temperament” time Kraut accepted a position has advised both the District to the bench with her. as a Deputy County Counsel Attorney’s Office on administra- Kraut and her husband, with the San Luis Obispo County tive and civil matters, and San Matt Kraut, have two sons— Office of County Counsel, where Luis Obispo County Grand Jury Robert, who is a senior at Arroyo she has worked for the last 20 on its conduct and investigative Grande High School and who years. Originally hired to represent functions. is a competitive, interscholastic the Department of Child Welfare Her final assignment prior surfer, and Joseph, who is in his Services in dependency matters, to accepting the Commissioner’s second year at U.C. Berkeley on Kraut’s versatility was quickly position was as counsel for the Regent’s Scholarship studying recognized, which resulted in County Department of Child Computer Science and Statistics. her being presented with an Support Services, which had Kraut is an avid gardener, cook astonishing variety of unique and been challenged by the recent and traveler, who described her often complicated assignments, and unexpected departure of its newest legal endeavor as “a including being tasked with director. Without prior experience dream come true,” and herself as writing and arguing responses in the field, Kraut quickly educated “extremely grateful” for this latest to appeals of child dependency herself on enough of this unique career opportunity. n

SLO County Bar Bulletin www.slobar.org January–February 2019 17 nd Hon. Jesse o a Ma loud and Fo rin rin ou rres a o Diane Helbert Kh t P M ea th Joseph Diehl rs e o B n

milie Schu nd E ltz t a er ob R

Sunny Hawks, Roseanne Seitz Steve Hill, Lisa Huey Rob McCann

Anne Cyr, Tom Sokat Nancy Greene Scott Wall, Allen Hutkin

The 2019 San Luis Obispo County Bar Association Board of Directors are, from left, Ex-Officio Sheryl Wolcott, President Michael Pick, Vice President Stephanie Barclay, Secretary/Treasurer Trevor Creel, Bar Bulletin Editor Raymond Allen, Director Joe Benson and Director James Graff-Radford. Not pictured are Directors Kevin Elder, Matthew Guerrero, Chelsea Olson-Murphy and Martha Spalding.

18 January–February 2019 www.slobar.org SLO County Bar Bulletin ud and F oulo orre h st K Pe ar so n and Taylor Ernst, Jeff Stulberg, Ashley O’Leary Jan Marx, Matthew

milie Schu nd E ltz t a er ob R 2018 HOLIDAY Frank Kopeinski David Vogel PARTY December 6

Photos courtesy of Gail Pedalue

Hon. Gayle Peron Hon. Ginger Garret r and Denn illie is L H aw tte lle o C

The 2019 San Luis Obispo County Bar Association Board of Directors are, from left, Ex-Officio Sheryl Wolcott, President Michael Pick, Vice President Stephanie Barclay, Secretary/Treasurer Trevor Creel, Bar Bulletin Editor Raymond Allen, Director Joe Benson and Director James Graff-Radford. Not pictured are Directors Kevin Elder, Matthew Guerrero, Chelsea Olson-Murphy and Martha Spalding. Continued on page 20

SLO County Bar Bulletin www.slobar.org January–February 2019 19 Seitz Award & Pentangelo Award Presented at Holiday Party Seitz Award he San Luis Obispo County Bar Association Tpresented the 2018 John L. Seitz Award to Stephanie Barclay. The Seitz Award, presented annually since 1989, recognizes those lawyers whose community contributions exemplify the best attributes of the legal profession. The award is generously funded by the Seitz family, and it is named for John L. Seitz, a long-time San Luis Obispo County attorney. Barclay has been executive director of the San Luis Obispo County Legal Assistance Foundation (SLOLAF) for a number of years. The agency’s goal is to expand free legal services to those who norm- ally would have no access to justice as a result of their socio-economic status. “SLOLAF was formed Michael Seitz and Sheryl Wolcott (right) present the due to the shortage of legal aid in San Luis Obispo John L. Seitz Award to Stephanie Barclay. County for vulnerable citizens,” Barclay says. During her tenure as executive director, organized by Barclay, has become the crown jewel SLOLAF has grown to serve an ever-greater of the local Bar-related social affairs. number of low-income clients. Volunteer attorneys In her acceptance speech, Barclay was quick provide about $150,000 in pro bono work to to thank the volunteer attorneys and the SLOLAF SLOLAF, and local attorneys and firms also give staff. She then introduced incoming Executive a considerable amount in cash donations. A large Director Donna Jones. Beginning this year, Barclay portion of the donations are raised at the SLOLAF will focus on delivering legal services to SLOLAF annual fundraising event. This incredible event, clients in her new role as legal director.

Pentangelo Award he Pentangelo Award, named in honor of Frank TJ. Pentangelo who was a longtime contributor to the Bar Bulletin, recognizes the creative contribu- tions published in the Bar Bulletin. The 2018 award was presented to Scott Taylor, a solo criminal defense practitioner, who was formerly a Judge Advocate General in the United States military. Taylor’s articles of note were on civility in the practice of law, the complex interplay between state and federal marijuana laws, and how to represent the difficult criminal defense client. As the 14th Pentangelo Award recipient, Taylor was selected from a number of outstanding writers who contributed to the Bar Bulletin last year. In addition to having his name appear on the Pentan- gelo Award’s legacy plaque, Taylor also received Sheryl Wolcott presents the Frank J. Pentangelo Award a gift certificate to Buona Tavola. to Scott Taylor.

20 January–February 2019 www.slobar.org SLO County Bar Bulletin Leslie Tos, Sharon Lizardo, uglas H Do ilton Alan Carter and ie at K

Natale an De d Jo rin e B E en so n

Donna Jones, Joseph Kalet, Lupita Ontiveros

Jane Heath Kevin Elder

ogan Rafte nd L ry y a Paul Ready Ja Michael Blank

Continued on page 22

SLO County Bar Bulletin www.slobar.org January–February 2019 21 and Ashley E ger ise lin nm til a S n n a y R

John Hodges, John Carsel, Whitney Barnick

Uta Birkmeyer Greg Abel

Editor’s Message by Raymond Allen ithout fanfare, Collette Hillier has been turning straw into gold. As the editor Wof the San Luis Obispo County Bar Association’s Bar Bulletin, she has woven together the people, the stories and the ever-changing law into a vibrant tapestry. The strength of her editorial touch was allowing writers the time and space to organically tell their stories and teach their lessons. Her light touch made reading the Bar Bulletin a pleasant experience. After two years, however, she has decided to hand her quill to another. I am that fortunate recipient. I stand on the shoulders of editorial giants. I also work with a Board of Directors that has authorized some exciting changes. With this edition Outgoing Bar Bulletin Editor Collete Hillier has passed you should immediately see a difference. We are the editorial quill to Raymond Allen. back to publishing six issues each year and using quality paper. You will see more photographs in county. Although the Bar Bulletin can never color. The cover and some interior photographs become a political forum, I welcome thoughtful will be without margins, or “bleed,” off the edge and respectful differences of opinion. Finally, of the page. All of these changes will give our I welcome any and all criticisms regarding our Bar Bulletin an extra polished professional look Bar Bulletin; however, be warned, my standard and feel. response will likely be, “You’re absolutely right. As to content, we remain dependent upon You should write an article about that.” the contributions of the attorneys, paralegals, Please send your article submissions or ideas office staff, court staff and bench officers of the to [email protected]. n

22 January–February 2019 www.slobar.org SLO County Bar Bulletin Techniques to Use With the Difficult Criminal Client TOP 5 by Scott Taylor nyone who has There was one specific person the courtroom and only really practiced criminal law who changed my view of difficult seems to want to talk about a knows the difficult clients. I represented a client who guilty plea. To paraphrase Arthur client extremely well. had overwhelming evidence Miller, attention must be paid. AAt the mention of their very name, against him. He did not want any What difficult clients want a headache begins to form as we deal. He stated repeatedly that more than anything is attention, prepare ourselves mentally and a jury of his peers would never and to feel like someone, anyone, emotionally to deal with yet convict him. No matter how cares about their case. And who another diatribe and list of com- many times I pointed out that can blame them for that? All of plaints. Looking back, however, the jury would not be comprised the behavior we see—the loud these are always my favorite of the people he was talking complaining in court, filing hand- clients. Let me tell you why. to at the jail, he would not be written silver-bullet motions, First, lets discuss exactly deterred. We took his case to a conspiracy theories, bar com- the client I am talking about. jury trial with the Shaggy defense plaints, and angry voicemails Usually the client has a criminal (it wasn’t me), and I banged my and letters—all of that can be record, and there is solid, if not head against a brick wall trying fixed with attention. overwhelming evidence against everything I could think of to The approach I have always him or her. The client talks a give him the best shot possible. taken with these clients centers lot with the jailhouse lawyers After we lost, he was facing around the basic premise that either in or out of custody and a very serious prison sentence, they need to feel important, and is convinced that there is a and he thanked me. I was really they need to care, with the aim silver-bullet motion that will confused and I asked him why, of earning that client’s trust so make the case go away. Or the since he was heading to prison that when it really matters they client believes there is a police for a long time. It was then that will trust me. They need to trust conspiracy against them, and if he told me that in his entire life, me when I tell them to take a we can just find a way to recuse I was the first person to ever plea rather than go to trial. They the DA or the judge, we can get stand up for him. need to trust me when I tell the case into the hands of some- Most criminal lawyers I know them it’s a terrible idea to testify. one reasonable who will either are really busy, oftentimes doing And if I have done nothing to dismiss the case or finally give legal triage. This is especially true earn that trust, I will merely be them the program they need and for public defenders or people a spectator when they implode did not work the last few times. who take public defender conflict at trial and become food for the They are the same clients cases. It is easy to forget that most criminal justice system. So how who complain to the bar that of us in the legal community have do you earn someone’s trust they have not spoken to you vastly different life experiences who has learned their entire life in six months, and when the than our clients, especially the that people will always let them bar asks you what is going on, difficult ones who oftentimes had down? you produce your logs showing no support system, and likely you have been to see them every never had a chance in life to be Technique Number 1: Jail Visits few weeks since you got the case. successful. The last thing in the I have always been astonished I have several different names world that client wants to hear at the number of lawyers who do running through my mind, as is that they are running out of not visit their clients at the jail. I write this, of clients I will chances, especially not from an That is one of the first promises never forget. attorney who only sees them in Continued on page 30

SLO County Bar Bulletin www.slobar.org January–February 2019 23 San Luis Obispo College of Law Presents The Inaugural Justice Kenneth Andreen Moot Court Event by Jennifer Thompson

hat are the limits of Court, which has been presenting lawyers to have a ‘conversation First Amendment interesting and difficult constitu- with the court,’ which is a tactful speech and freedom tional questions to the public way of saying ‘demonstrate of the press in these for more than 20 years. It was command of the case file and timesW of social media, high-level designed from its inception to be the arguments.’ As professors, leaking, claims of fake news, and a community event that would we are on ‘speed dial’ with the the desire of Congress to protect engage the MCL students and the finalists and our prep sessions are the secrets and policy decisions public in debate and dialogue on tremendously rich with insight of the Executive? the most pressing constitutional and collective wisdom.” These are some of the complex, issues of the day. SLOCL plans to We all had different reasons challenging and uncannily cur- continue this tradition locally. for wanting to participate in the rent issues that were tackled The Andreen Moot Court public event. Meffert participated by law students at the San Luis gives students an opportunity for the networking opportunity Obispo College of Law’s (SLOCL) to study, write and argue about and to gain experience in a real recent appellate moot court. constitutional issues. During courtroom setting. “The experi- On September 15, 2018, SLOCL, summer 2018, all 4Ls participated ence gained from participating in a branch of the Monterey College in a semester-long class taught moot court is unreal. Learning the of Law (MCL), presented the by Professors Stephen Wagner essence of litigating can only inaugural Andreen Moot Court. and Steven Rice. The semester come from real life experience. The moot court is named to honor culminated in a qualifying event. The networking opportunities Justice Kenneth Andreen (1924- Local judges heard the students’ that come with participating in 2017). During the early part of his oral arguments. Professors Wagner moot court are also priceless. career, Andreen was a civil rights and Rice, along with members of There are a lot of people that activist. He proudly marched the SLOCL administration, chose come from the legal community with Dr. Martin Luther King, four finalists to present at the to watch it.” Jr., he was a champion of civil Andreen Moot Court. Crumpton wanted the public liberties, and he had a reputation The four—Jonathan Crumpton, speaking experience. “I wanted to for seeking justice for all. Benjamin Jacobson, Dennis Meffert participate in the Moot Court to At the age of 35, Andreen was and Jennifer Thompson—met show myself that I could conquer appointed by Governor Edmund twice a week for the six weeks. my fear of public speaking. Gerald “Pat” Brown to the Fresno During the first few weeks, we Professor Wagner and Professor County Municipal Court. In 1980, presented all of the arguments. Rice make an awesome team! Andreen was appointed by Gov- Ultimately, one position was They gave me the tools and the ernor Edmund “Jerry” Brown to assigned to each student. During confidence I needed to speak the Fifth District Court of Appeal, the last few weeks of preparation, publicly without fear.” where he served until his retire- we honed our arguments through We learned a great deal from ment. After retirement from the a collaborative process, and our professor mentors and the appellate bench, he served as we offered suggestions to one experience. Jacobson said that an appointed judge in various another. The professors gave the best advice he got was to counties, including San Luis invaluable feedback about the “completely understand your Obispo. He lived in our com- content of our arguments and argument.” munity for more than 25 years. how to present to the court. The two pieces of advice The Andreen Moot Court Professor Stephen Wagner that I remember best, and which is modeled after the Monterey explained, “As part of our turned out to be 100 percent true, College of Law Heisler Moot preparation, we urged the student were “The argument is really a

24 January–February 2019 www.slobar.org SLO County Bar Bulletin conversation with the justices” and “If you know the facts and the cases well, then you’ll have no trouble presenting your argument and answering the justices’ questions.” All of the practice and preparation culminated at the Veteran’s Memorial Building, where we presented our legal arguments to the panel of the Justice Kenneth Gilbert, Justice Martin Tangeman and Judge Gayle Peron. The presentation began with a video to set the stage for the audience. The video included current news clips that explained the facts and the issues to be argued: does the First Participants in the Moot Court event were (from Amendment protect the right of an employee who left) Professor Stephen Wagner, Jennifer Thompson, leaked information from the Executive Office or Benjamin Jacobson, Justice Arthur Gilbert, Judge protect a newspaper who published that leak? Gayle Peron, Justice Martin Tangeman, Dennis Meffert, We were each given 15 minutes to present our Jonathon Crumpton and Professor Steven Rice. arguments. The two students representing the appellants were given an additional three minutes Jennifer Thompson graduated in December 2018 with for rebuttal. her class. She will sit for the February Bar. She currently It really did feel like a conversation with the works for the City of San Luis Obispo. She has worked panel—not a performance for them. The jurists in either the Finance or Utilities Department for 15 interjected questions and hypotheticals through- years. Upon passing the Bar examination, she would like out our arguments. Engrossed in the dynamic to pursue a career in “water law, land use and property discussion, time evaporated. law, government law, and possibly family law.” The rapid-fire questions and interruptions were Crumpton’s least favorite part of the experience. ”The judges hit me with a line of questioning three sentences into the discussion. I had prepared a substantial amount of material that I was not able to address with the court. This was frustrating to say the least. I learned that when engaged in a trial to expect the unexpected.” Justice Tangeman commented, “I thoroughly enjoyed the Moot Court proceedings. As a group, [we] aggressively questioned the students, and they were not found wanting. I was impressed with their level of preparation as they thoughtfully responded to our constant interruptions. They remained cool under pressure, which was no small feat, especially as they were observed by more than 100 observers who had come to support them. They were respectful but firm. They are off to a good start, and the law school and the community should be proud.” All of the students were honored to be chosen and for the opportunity. Jacobson put it best, “It was an honor to perform in front of two talented Appellate Court Justices and an amazing Superior Court Judge.” Stay tuned for future San Luis Obispo College of Law Andreen Moot Court experiences. They are sure to be as exciting as the first. n

SLO County Bar Bulletin www.slobar.org January–February 2019 25 26 January–February 2019 www.slobar.org SLO County Bar Bulletin Lawyer Referral and Information Service Serves Up ‘Q’ at Drive-Thru Fundraiser

n September 19, 2018, the Lawyer Referral Oand Information Service (LRIS) held its Second Annual Drive-Thru Tri-Tip Fundraiser. Approximately 100 meals were sold, which raised more than $2,000 after expenses, according to LRIS Director Kerrin Hovarter. LRIS would like to thank all of the attorneys and friends of LRIS who drove through the Andre, Morris & Buttery parking lot and purchased a tri-tip meal to go. LRIS sends a special thank you to Rick Long, who donated The Barbecue Team included, from left, Josh George, Rick Long, Cynthia his time and barbecuing skills to Peterson, Trevor Creel, Sheryl Wolcott, Nicole Johnson and Kerrin Hovarter. make the event a success. n Photo by Dennis Law.

Our Mission What You Should Know About LRIS To provide individuals and by Kerrin Hovarter, LRIS Director businesses a referral to an experienced, qualified attorney. If ach year, thousands of San Luis and follows all rules and regulations an attorney is not appropriate to Obispo County residents and set forth by, the Supreme Court of your situation, we will refer you Emany out-of-state residents California and the American Bar to a local agency or resource that contact the San Luis Obispo Lawyer Association for all lawyer referral may help with your legal matter. Referral and Information Service services. (LRIS) seeking legal assistance LRIS fields between 3,000 Our Assurance or resources. LRIS’s mission is to and 4,000 inquiries each year and Confidentiality. To protect your provide individuals and businesses connects approximately 200 callers privacy, we will only discuss the a referral to an experienced, qualified per year with qualified, reputable information about your legal attorney. If an attorney is not appro- attorneys that specialize in the area issue to the extent necessary to make a referral. priate to the caller’s situation, we will of law that is needed. Callers are refer the caller to a local agency or not always connected with a referral Our Guarantee free resource that may help with their to an attorney. When appropriate, All attorneys in our service are in legal matter. callers are referred to free resources good standing with the State Bar It is the goal of LRIS to promote or governmental agencies such as the of California, carry malpractice the rule of law while at the same Child Support Department, Family insurance, and meet experience time sustaining and improving the Court Services, RISE, Stand Strong, requirements set forth by LRIS quality of, and public trust in, the California Rural Legal Assistance, Rules. administration of justice and the San Luis Obispo Legal Assistance legal profession. LRIS is a much- Foundation, Veterans Assistance Our Goal needed public service that brings Program, SLO Law Line, Creative To point the community in the together people in need of legal Mediation, or other approved right direction for all legal needs. assistance and experienced attorneys. agencies. LRIS attorneys do not The San Luis Obispo County Bar handle pro bono matters. (805) 541-5502 Association LRIS is approved by, Continued on page 29 www.slobarlris.org

SLO County Bar Bulletin www.slobar.org January–February 2019 27 28 January–February 2019 www.slobar.org SLO County Bar Bulletin About LRIS continued Most attorneys who participate Attorney Scott Taylor says, “It Annual Membership Packages in LRIS joined the service for two has been great to work with LRIS! It Offered to Attorneys reasons: 1) they would like to has been a great way to connect with 1) Individual limited membership develop new client relationships and clients who are serious about hiring (LRIS registration and membership an attorney.” 2) they are interested in giving back in up to three panels) — $150 to the community. SLO LRIS could Initially, when LRIS receives 2) Individual unlimited member- not provide this service without the a call, we first determine whether dedication of participating attorneys. the caller is seeking to hire and retain ship (LRIS registration and unlimited Attorney Robert Bettencourt, an attorney or seeking free legal panel membership) — $200 who has participated for the past assistance. If the caller is seeking an 3) Law firm membership (LRIS reg- eight years, says “LRIS is an invalu- attorney, LRIS takes down all parties’ istration for attorneys in a firm and able legal resource for our community. names, case numbers and a timeline unlimited panel membership) — $500 The program director, Kerrin, does an of the situation. LRIS then contacts Percentage fees apply to all excellent job providing details about the next attorney in rotation that matters referred to and accepted potential cases, which are sent to specializes in that particular area of by an LRIS panel attorney. those of us who accept LRIS referrals law. LRIS asks each panel attorney • Hourly, statutory, flat, retainer in our specific area of expertise. On to perform a conflict check before fees — 10 percent of fees earned average, about 70 percent of the cases receiving the details/timeline. • Contingency fees — 15 percent referred by LRIS to my office result Attorneys then review the of fees earned in a new client for me, making this details and decide whether they are These percentage fees from panel a great resource for me and the other interested in the case. If interested, attorneys help staff LRIS and adver- attorneys who participate locally.” the attorney provides available dates tise this public service. Most callers Attorney Bradley Hill is also and times to offer the client. If the learn of LRIS online or by direct a long-time panel member. “I have attorney is not interested, LRIS referral from local attorneys. The been a loyal member of LRIS for a moves on to the next attorney in ABA, California State Bar, SLO Bar number of years. This dates back to rotation. Attorneys are not obligated Association, local courts, govern- when I was fortunate enough to be to take a case sent to them. LRIS mental agencies and community on the SLO County Bar Association attorneys provide a 30-minute organizations are direct callers to Board of Directors, when LRIS was consultation, which is included LRIS. We are always seeking new established in conjunction with the in the $50 administrative fee paid ways to spread the word about this County Bar Association and the State to LRIS. Callers are informed the service provided by LRIS attorneys. Bar of California. Over the years initial consultation is to meet the The next time you receive an inquiry LRIS, and its competent staff, attorney, discuss details of their case, about an area of law you don’t including Kerrin Hovarter, have what options they have, and for the practice in, please know that exper- been a valuable source of clients to attorney to let them know what the ienced LRIS attorneys are well suited my practice. The referral fees are hourly rate and/or retainer fee would to serve the needs of your referral. very reasonable, and LRIS is set up be, if the attorney accepts their case. Attorney applications to join to efficiently match a client’s legal To participate in LRIS, attorneys LRIS are reviewed by the Executive needs with a competent attorney that must submit their experience specific Director and LRIS Oversight specializes in the client’s particular to the area of law for which they Committee, made up of attorneys area of need. would like to receive referrals. Many who volunteer their time to make “I also have referred hundreds practice areas are available. LRIS pro- sure this public service operates of legal inquiries to LRIS over the vides attorneys who range from solo smoothly. The Committee is years, and appreciate having an practitioners to those in small firms. comprised of Joshua George, Edward effective and competent outlet Some have been attorneys for more Attala, Dennis Law, Johnathan to refer potential clients for their than 20 years and some for only five Hosford, Sheryl Wolcott, Trevor legal needs, if I’m not in a position years. All LRIS attorneys are experi- Creel, Michael Pick and Neil Tardiff. to help that particular member of enced and knowledgeable in specific Thank you to all participating the public. If you have not tried areas of law. All LRIS attorneys are SLO LRIS attorneys! We are grateful the services of LRIS, I highly in good standing with the California to these attorneys, and we would recommend that you do so at your State Bar and maintain professional love to have you join us. If you earliest opportunity. Thank you, liability insurance. We are grateful for have any questions or would like to LRIS. for providing necessary and the loyalty that our attorneys have request an application, please contact valuable legal services to our local shown to the LRIS and for assisting SLO LRIS Executive Director Kerrin community!” us in providing this public service. Hovarter at (805) 541-5505. n

SLO County Bar Bulletin www.slobar.org January–February 2019 29 TOP 5 continued Classified I make to my clients when I am first appointed on their case, that I will visit them in jail. Otherwise, Attorney Wanted at Bailey Law Firm the message that you send when you only see A full-time civil litigation/transactional them in court is that they are not worth your attorney with exceptional writing, research and time, and that message is received loud and clear communication skills is wanted at the Bailey during the five-minute conversation in the attorney Law Firm. The attorney will be assisting our consultation room. Such a small thing goes a long expanding firm in all areas of our clients’ legal way. My general rule is to visit my client in jail needs and should be highly detail oriented. before every court date, so that my client has a Please email all resumes to [email protected] reasonable expectation of what is going to happen instead of just sitting there in the jury box waiting for his or her attorney to show up, discuss the case for five minutes, and then move on to the next case.

Technique Number 2: Promises The biggest complaint clients have about their lawyers is communication. From the beginning, setting clear expectations of what you are going to do before the next court date is critical. Assigning the client homework also goes a long way. Typi- cally, my homework involves sending me a letter with the questions they have in the case so I can respond to every question they have. Keeping promises to the client is also something incredibly easy that too often does not happen. If you say you are going to contact the client’s mother to update her on what happened, take five minutes and make the phone call before moving on to the next case.

Technique Number 3: Put Everything in Writing I’ll admit, this technique serves two purposes. First, sending your client letters at the jail shows you took the time to work on the case. While you another way for your client to try and find that are diligently working on your client’s case, at the silver-bullet remedy to make all of their problems jail they have no idea what is going on, and most go away. clients are not going to assume you are just doing As frustrating as it is that loyalty is a one-way an awesome job on their behalf. They will assume street, it is the nature of the business. It is never you are doing nothing and lose faith in you. Send- personal. In the past year, I have had to make an ing even short letters to update them goes a long ineffective assistance of counsel complaint and a way. Sending long letters answering their legal bar complaint against attorneys I respect, because questions with case cites so they can read the cases I had to act in the best interests of my client rather themselves in the law library goes an even longer than trying to win a popularity contest. Given a way. It shows you care, and it gives them something long enough career in criminal law, we have all productive to do that steers them in the right been on the receiving end, and it is never personal. direction. More selfishly, it creates a record. I have a copy Technique Number 4: Talk Strategy With Your of every letter I send and receive in my computer. Client It serves as a record for me when that inevitable To earn your client’s trust, it is not enough to ineffective assistance of counsel complaint comes simply tell them what will likely happen. I like to from a client who got a result he or she didn’t like. treat it like a law school exam—show your work! That inevitable complaint isn’t personal, it’s just The most effective tool that I have to earn the trust

30 January–February 2019 www.slobar.org SLO County Bar Bulletin of my client is the criminal jury mindset, nine times out of ten, affects their entire life. The first instructions. First, I like to start they agree with our approach and approach is documentation. any case by printing out the jury buy in, which means by the time Many of the silver-bullet instructions in the case to frame we get to an important decision, motions have no reasonable everything I do. Secondly, it helps they trust you and will follow basis. For example, filing a to guide the client down the right your advice. Also, cynically, motion to recuse all San Luis path. I like to produce a Power it serves as a fantastic record Obispo Superior Court judges Point presentation for clients to to demonstrate that you made because one judge has a conflict go over every element, and for tactical decisions in the case and, therefore, must be influenc- us to consider whether we can when the ineffective assistance ing all the other judges against realistically challenge that of counsel complaint comes. the client is a frivolous motion. element or not. Then I discuss Send the client a letter explaining every potential defense strategy Technique Number 5: Be Willing why you will not file the motion, and list out the pros and cons to Lose citing the appropriate ethical of each approach. If you are a criminal defense rules and cases that apply. The I have only had one client attorney concerned about your client will be frustrated, but at where I had to tell that person win/loss record, you are in the least his or her concerns are that the client made strategic wrong line of work. Difficult being heard and given attention. decisions, but I made tactical clients will keep coming back The second approach can decisions. That was a very to the same silver-bullet motion often make us look foolish, but special circumstance, but even that they are convinced you need goes the longest way to earning that client got printouts of tactical to file. The worst thing you can a client’s trust. If there is a and strategic decisions and the do in the face of that request is reasonable basis, if you can make rationale behind them to show nothing. You send the message a logical and legal argument, why I was making the decisions that their views do not matter, file the motion even though you I was making. When you bring and that they need to shut up and know it is likely doomed. Our your client into your strategic color while you do your job that Continued on page 33

SLO County Bar Bulletin www.slobar.org January–February 2019 31 32 January–February 2019 www.slobar.org SLO County Bar Bulletin TOP 5 continued judges can spot a client control The longer I practice, the more screwed from the beginning, and motion when it comes in, and I employ all of these strategies all that we can offer is being the I have never seen a judge look for all of my clients, not just the one person to give them their down on a criminal defense most difficult ones. We all love humanity back, to treat them with attorney fighting an uphill battle the dramatic courtroom victory or respect and dignity when no one in motions practice when it is the not-guilty verdict in the face else will. I believe that is worth clearly an issue the client cares of overwhelming evidence, and my time. Although in the middle about. we will always have those stories of a case with a difficult client is No one likes to lose, and it to tell. I believe, however, that never fun, when the case is over is never fun getting your teeth my efforts fighting for the client with the benefit of hindsight kicked in on a motion in front of who has no faith in the system— I have never regretted taking your colleagues, but your client and doing my part to make that the time to provide the attention needs to see you fighting for them client believe he or she had a that must be paid. more than you need to win. After fair shot—is equally, if not more, you lose the motion, your client’s valuable. At a minimum, we want Scott Taylor is a former public frustration gets transferred to our difficult clients to feel better defender, who joined the Air Force to the judge who ruled against you about the process to give them serve as a Judge Advocate General’s instead of you, who at least tried. an opportunity to turn things Corps (JAG) officer in 2010. He That allows you to move on to around rather than project all continues to serve as an instructor at the issues that matter in the case of their mistakes onto everyone the JAG school training new prosecu- rather than the periphery issue around them. Sometimes we tors while maintaining his private that the client cannot let go. have a client that is just royally practice in San Luis Obispo. n

SLO County Bar Bulletin www.slobar.org January–February 2019 33 Bar Bulletin Editorial Policy

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34 January–February 2019 www.slobar.org SLO County Bar Bulletin SLO County Bar Bulletin www.slobar.org January–February 2019 35 36 January–February 2019 www.slobar.org SLO County Bar Bulletin