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.