An Official Publication of
The Marin County Bar Association
EDITOR: Robert Rosborough
Marin Bar Association
September Articles
Click here for a PDF of all the September 2018 Articles.
Events
Wed | Sep 26 | 11:30A-1:15P
General | MCBA Members Luncheon
U.S. District Court Judge William H. Orrick III: The Continuing Role of Justice in our Federal Court System
Robert Kennedy said that the obligations of lawyers “go far deeper than earning a living as specialists in corporation or tax law. They have a continuing responsibility to uphold the fundamental principles of justice from which the law cannot depart.”

Today, there is an increasing national focus on the role that lawyers and our legal system play in society. At the same time, a segment of our population views the judiciary with suspicion as partisan actors in an increasingly divided country. How has the legal system changed over the last 20 years? And do lawyers and the courts continue to uphold the fundamental principles of justice for all Americans that Robert Kennedy espoused, including for the most vulnerable in our society?

Come join U.S. District Court Judge William H. Orrick III in a candid conversation about these and other legal issues as he offers his insights into today’s justice system. *Please note earlier start time.
Buffet lunch included with registration
1.0 CLE | General
Location: Embassy Suites by Hilton San Rafael
Members: $50
Non-Members: $60
Wed | Oct 24 | 11:45A-1:30P
General | 2018 Annual Judges Luncheon
SOLD OUT! Meet our Marin County Judges
Enjoy lunch with friends old and new as we honor our Marin County Judges.
Register early! This is one of our most popular events of the year.
Questions for the bench?
Please email your questions to info@marinbar.org by Oct 17th.
Plated Lunch
1.0 CLE | General
Location: The Club Restaurant at McInnis Park
Members: $50
Non-Members: $60
News
Editor's Introduction
The News, Emotions and the Practice of Law
By Robert Rosborough
August is often a dull month, where the pace has slowed from many people being on vacation or focusing on children returning to school. While perhaps that was the case for many of us this year, the news cycle did not take August off. When Morgan Daly started writing her article on a place for cash bail in bail reform, it looked as if California’s bail reform might be falling apart. But before the month was out, we had a signed bill that will go into effect in October, 2019. While a sea change in criminal justice was happening here, the criminal justice system back East produced some remarkable drama. Be sure to read Tom Brown’s President’s Message for some thoughts on how a perhaps unexpected institution is suffering from the latest events surrounding President Trump’s associates: the attorney-client relationship.  More >
President's Message
The Erosion of the Attorney-Client Relationship
By Thomas S. Brown
Since leaving the District Attorney’s Office and going into private practice, I have been schooled and tutored that the duty of confidentiality in the attorney-client relationship is one of the most important principles an attorney can uphold. Rule 3-100 of the California Rules of Professional Conduct (soon to be Rule 1.6) provides that an attorney shall not reveal confidential communications without the informed consent of the client but may disclose confidential information if the attorney reasonably believes the disclosure is necessary to prevent certain criminal acts (or in other limited circumstances under the new rule.) The comments to the rule, both old and new, note that “Preserving the confidentiality of client information contributes to the trust that is the hallmark of the client-lawyer relationship.”  More >
Emotional Literacy for Mediators
By Eileen Barker
You don't have to be a mediator to know that emotional issues lie at the heart of conflict. As Bernard Mayer points out, "emotions are the energy that fuel conflict," but they can also be the "key to de-escalating it." The ability to deal skillfully with emotions can be essential to finding lasting resolution. Yet emotions are often overlooked, feared, avoided and misunderstood by mediators, parties and attorneys. As mediators, we need to become adept at recognizing, understanding and addressing emotional issues. We need to become emotionally literate, fluent in the emotional language of conflict.  More >
Cash Bail: There's Still a Role for it in a Reformed Bail System
By Morgan H. Daly
A robust public debate is taking place about shaking up the criminal justice bail system and, more specifically, eliminating money bail. The District Attorneys for Brooklyn and Manhattan announced in January that they would no longer be seeking money bail in misdemeanor cases. In June, Senator Bernie Sanders introduced “The No Money Bail Act,” which would formally end the use of secured bonds in the federal criminal court system and provide incentives for states to reform their own bail systems.  More >
Joy in the Law: An Invitation to Reflect and Learn
By Marie Barnes
Joy in the law—is that even possible? I guess it depends on how you define joy. I invite readers, whether you have been practicing for over thirty years and retirement is on the horizon or whether you are newly licensed, to reflect on your own definitions of joy and whether you can say you have found joy in your practice.  More >
The End of an Era for Tamalpais High's Mock Trial Program
By Marin Lawyer
Attorneys who have acted as mock trial coaches have been instrumental in the development and success of Marin County’s mock trial program over the years. Mock trial educates our citizens about the important role of law in our society, not to mention inspires a future generation of lawyers.  More >
DIRECTOR SPOTLIGHT
J. Timothy Nardell
By Marin Lawyer
The Marin Lawyer recently sat down with board member and Marin native J. Timothy Nardell to learn more about him, his practice and his involvement with MCBA.  More >
Meet Stephanie Haffner, the New Executive Director of Legal Aid of Marin
By Robert Rosborough
As many of our readers know, Legal Aid of Marin has a new Executive Director: Stephanie Haffner. In an effort to help our readers learn more about leading figures in the Marin legal community, the Marin Lawyer sat down with Haffner. Still new to the job, she is undertaking a thoughtful strategic planning process to help Legal Aid maximize its impact. And, as someone who has been making a difference in the law even before law school, Haffner knows how to have an impact.  More >
Call for 2019 Officer and Board Nominations: Deadline for Applications Extended until 9/14
By Mee Mee Wong
Would you like to be part of the Marin County Bar Association leadership team? MCBA wants you to apply for an Officer or Board position. Board service is a unique opportunity to give back to your community, hone your leadership skills, and work with fellow board members to deliver valuable benefits to our member organization.  More >
Notices
Fingerprinting Requirements
Under California Rule of Court Rule 9.9.5, all active attorneys licensed in California must be re-fingerprinted. The State Bar is requiring attorneys to resubmit fingerprints by April 30, 2019. Failure to follow these instructions may be considered non-compliance with State Bar of California fingerprinting rule requirements and may subject attorneys to penalties.

Attorneys must follow the steps indicated on the CalBar website to comply with the requirements.

Please note:
1) Fingerprints need to be taken by a Live Scan vendor
2) Attorneys must download a personalized prepopulated Live Scan form via:
My State Bar Profile. (Blank forms are not available.)

Ameriprints will be onsite at select MCBA events to provide fingerprinting services to our members. Please refer to the MCBA Event Calendar for upcoming Live Scan events.
Fingerprinting Rules >
Link to September 2018 Articles
Click the link below for a compilation of the September 2018 Marin Lawyer articles. Easily browse or print the articles for offline reading.

Prior month's articles are available for 2018. Please visit the Marin Lawyer Archives. Select the issue to locate that month's PDF.
September Articles >
Calendar
Thu | Sep 06 | 12-1:30P
Estate Planning, Trust and Probate | Mentor Meeting
Probate and Estate Planning: Mentor Meeting
Tue | Sep 11 | 12-1:30P
Labor and Employment Law | Section Meeting
Disability Rights in the New Gig Economy
Michael Nunez | Rosen, Bien, Galvan & Grunfeld, LLP
Melissa Riess | Staff Attorney, Disability Rights Advocates
1.0 CLE | General
Wed | Sep 12 | 12-1:30P
Real Property | Section Meeting
The Tale that Wags the Dog: Finding Your Most Persuasive Trial Story
Sarah Murray | President and CEO, Trialcraft
Plated Lunch
1.0 CLE | General
Tue | Sep 18 | 12-1P
Family Law | Section Meeting
Substance Abuse and Family Law
Dr. John Weir PhD.
1.0 CLE | General
Thu | Sep 20 | 11:45A-1:30P
Estate Planning, Trust and Probate | Section Meeting
How to Properly Prepare a Certificate of Independent Review
AJ Harris, Senior Counsel | Murphy, Pearson, Bradley & Feeney
Kavin A Williams, Associate | Murphy, Pearson, Bradley & Feeney
1.0 CLE | General
Tue | Sep 25 | 5-7P
General | CANCELLED Member Workshop - to be rescheduled
Don't Get Caught Unprepared in Technology Competency and More
Wed | Sep 26 | 10A-12P
General | Live Scan Fingerprinting
Fingerprinting provided by Ameriprints Live Scan Services
Fri | Sep 28 | 8:30A-4P
General | 2018 Joy in the Law Conference
Cultivate Joy, Well-Being, Effectiveness and Leadership in Your Everyday Life
3.0 CLE | General
Thu | Oct 04 | 12-1:30P
Construction Law | Section Meeting
Roundtable Discussion on Mediation Challenges
Sarah Burke
Barbara Monty
1.0 CLE | General
Thu | Oct 04 | 12-1:30P
Estate Planning, Trust and Probate | Mentor Meeting
Probate and Estate Planning: Mentor Meeting
New Members
Peter James Chambers
peterchambersesq@gmail.com
415 985 7706
Attorney Membership

Stephen-Bela Cooper
cooper.stephen.bela@gmail.com
415 991 9200
Attorney Membership

Jill Hoffman
Qorkz Wine
captjjames@yahoo.com
415 596 8152
Attorney Membership

Jeffrey Jordan
New York LIfe Insurance Co.
jdjordaneft@newyorklife.com
415 936 9444
Affiliate Non-Attorney Member

Julian Kleinbrodt
Gibson, Dunn & Crutcher LLP
jkleinbrodt@gibsondunn.com
415 393 8382
Attorney Membership

Steven Meyers
The Goldman Law Firm
redsmoothwater@hotmail.com
415 271 3853
Attorney Membership

Carina Trowbridge
Marin County District Attorney's Office
Carina9@me.com
415 652 3274
Government

Office Space, Employment Opportunities, Services and More...
MCBA encourages submission of articles that may interest the legal community. The editor reserves the right to publish, decline to publish, edit, or otherwise modify any submission. Editorial material should be sent to Marin County Bar Association by email.