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A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Fourth Quarter 2016

BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, [email protected]. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

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Page 1: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Fourth Quarter 2016

BAR BRIEFS

End of Summer Celebrations

Page 2: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

2Santa Cruz County Bar Association October, November, December 2016

340 Soquel Avenue, Suite 209Santa Cruz, California 95062tel 831-423-5031 / fax 831-423-6202email sccbar@sbcglobal.netwww.santacruzbar.orgwww.lawyerreferralsantacruz.org

President: Nathan Benjamin: 600-8405President-Elect: Laura Walther: 457-1700Past President: Pamela Mathiesen: 429-0181Secretary: Emily Trexel: 429-1212Treasurer: Laura Walther: 457-1700Directors At Large: Burleigh Cooper: 425-5023 Nancy de la Pena: 429-1311 James Eschen: 466-0753 Andrew Janecki: 459-0427 Ashley Wheelock: 471-7170Executive Director: Lolly Belanger: 423-5031Editor: Laura Walther: 457-1700 Newsletter Design/Graphics: Evelyn Volpa: 685-3314

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation, Inc. (SCCBA). The opinions expressed herein do not necessarily represent the opinions of the SCCBA, its officers, directors, members, or the editor.

Editorial submissions to Bar Briefs are welcome. However, we accept no responsibility for the custody or return of materials submitted for publication.

All submissions for publication become the exclusive property of SCCBA. All rights reserved.

Advertising rates and policies are made available by the SCCBA Board and Executive Director. Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised.

Copyright © 2016 SCCBA

Santa Cruz CountyBar Association

Calendar ............................................................. 3

President’s Message ........................................... 4

Articles

A View From the Bench ................................. 6-7

E-filing Tips From an EFSP ....................... 12-13

Bench Bar Report .............................................. 16

Book Review

The Anxious Lawyer ........................................ 9

Events/Photos

Law Library Anniversary................................... 5

Fall Fling ................................................... 10-11

July 7 MCLE .................................................. 14

Sepember 15 MCLE ........................................ 17

Golf Tournament ....................................... 18-19

Pulse Line .......................................................... 20

Attorney Shield - Liability Coverage ................................... 16Burton, Joanne - Real Estate ...............................................15Casagrande, Dan - Reverse Mortgage .................................. 7Cottle, (ret) Justice Chris - Mediation/Arbitration ............... 15Creekside Court Reporting ..................................................15Hartsell Olivieri - Shorthand Reporting .................................7Haussler, Lu - Mediation .................................................... 14Haynes, Beffel & Wolfeld - Intellectual Property Law ......... 15JAMS - The Resolution Experts ............................................ 8LexisNexis - Legal Solutions .............................................. 17 Premo, Steve - Legal Research/Writing .............................. 15Pulone - Reporting Services ................................................. 5Sayler Legal Service ........................................................... 13Stone, Larry, MFT ................................................................ 7

TABLE OF CONTENTS

AD

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Page 3: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

3Santa Cruz County Bar Association October, November, December 2016

Oct

Nov

Wed 12

Wed 12

Tues 18

Wed 19

Tues 8

Wed 9

Wed 16

Tues 6

Wed 14

Dec

SCCBA Real Property SectionJudy Brose, Century 21 Realtor®; Richard Emigh, Land Use Analysis and Design Drafting; and Terry Rein, Attorney at Law present “Are We Having Fun Yet? Dealing with Code Violations.” 7:15 a.m. at DeLaveaga Golf Course Restaurant. Cost: $15 (with/without breakfast) plus $10 for one unit MCLE credit. Checks payable to Penrose Chun & Gorman LLP. No RSVP needed. Contact: Rochelle Mulder, Penrose Chun & Gorman, LLP at 831-515-3344, [email protected].

Bench-Bar Meeting 12:15 p.m., Dept. 5, Santa Cruz Superior Court. Send agenda items to [email protected].

SCCBA Luis Alvarez, CEO of Alvarez Technology, discusses “Cyber Security and Ransomware: Protect Your Practice.” 12:00–1:00 p.m. Brown Bag Lunch, Santa Cruz Courthouse, Dept. 5. Cost: Free; $10 for MCLE credit. Contact SCCBA, 831-423-5031.

SCCBA Estate Planning Section - RSVP due Oct. 13“Trustees v. Remainder Beneficiaries, and the Struggle to Deal with an Aging Population.” Steven P. Braccini, Esq. and Patrick A. Kohlmann, Esq. discuss the implications of seminal decisions such as Salter v. Lerner, Estate of Giraldin, and Drake v. Pinkham. The Back Nine Grill at 7:15 a.m. $20 annual dues (October-May) and $35 for breakfast. An additional $10 for MCLE credit. Questions: Emily Buchbinder, 831-426-8484, [email protected].

SCCBA Justice Richard McAdams and Nathan Benjamin present an “Ethics Refresher.” Program 12:00–1:15 p.m. at the Back Nine Grill & Bar, 555 Hwy 17, Santa Cruz. One unit MCLE ethics credit. Cost: $35 members; $40 non-member attor-neys, $30 for judges & non-attorneys. RSVP at santacruzbar.org or contact SCCBA, 831-423-5031.

SCCBA Real Property SectionTBD. 7:15 a.m. at DeLaveaga Golf Course Restaurant. Cost: $15 (with/without breakfast) plus $10 for one unit MCLE credit. Checks payable to Penrose Chun & Gorman LLP. No RSVP needed. Contact: Rochelle Mulder, Penrose Chun & Gorman, LLP at 515-3344, [email protected].

SCCBA Estate Planning Section“Help Estate Planning Clients Achieve Their Charitable Goals by Creating a Memoranda of Charitable Intent.” Sherri Sudweeks, Esq. discusses public benefits, special needs trusts, and alternatives to traditional 1st and 3rd party special needs planning; an introduction to ABLE accounts; and an update on recent legislation affecting SNT planning. DeLaveaga Golf Course Restaurant at 7:15 a.m. $20 annual dues (October-May) and $15 for breakfast. An additional $10 for MCLE credit. Questions: Emily Buchbinder, 831-426-8484, [email protected].

SCCBA Real Property SectionNo meeting in December.

SCCBAAttorney Brain Liddicoat discusses “Mastering Hearsay in the Courtroom.” 12:00–1:00 p.m. Brown Bag Lunch, Santa Cruz Courthouse, Dept. 5. Cost: Free; $10 for MCLE credit. Contact SCCBA, 831-423-5031 or [email protected].

SCCBA Estate Planning Section“2704 Proposed Regulations… And Other End-of-Life Options -- the Year in Review.” Michael G. Demarais, Robert E. Temmerman, Jr., and John W. Prokey discuss recent developments in tax, estate planning, administration and litigation. DeLaveaga Golf Course Restaurant at 7:15 a.m. $20 annual dues (October-May) and $15 for breakfast. An additional $10 for MCLE credit. Questions: Emily Buchbinder, 831-426-8484, [email protected].

MCLE

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Director
Highlight
Page 4: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

4Santa Cruz County Bar Association October, November, December 2016

by Nathan Benjamin, Esq.The Law Office of Benjamin Leibrock

President’s Message

FALL PRESIDENT’S MESSAGE

Fall is here. School is back in session, the election is in full swing, summer beach traffic fades and it’s a good opportunity to take a look at the 2016 Santa Cruz County Bar Association’s health and outlook.

The Bar Association is on firm footing. Our Board is engaged and our office staff is doing a great job, as they continue to achieve efficiencies in the Association’s daily business. The Association continues to vigorously participate with the Superior Court staff and Judicial Officers, and maintains a focus on serving our community.

The primary undertaking of the Association is the Lawyer Referral Service. In the simplest sense, LRS provides low-cost legal consultation for a diverse population, and we are very proud of our growth in service to our Spanish-speaking community. LRS provides a fantastic opportunity for attorney members of the Association to provide community service. But, LRS is not only an altruistic opportunity; it can also result in paid legal representation. In fact, LRS members frequently take referrals resulting in hourly and contingency cases.

Currently, LRS is in need of attorneys working in immigration, bankruptcy, government benefits, medical malpractice, intellectual property and traffic/infraction matters. LRS also has a great need for Spanish-speaking lawyers or lawyers with Spanish-speaking staff able to sit in on client referrals.

I hope you will consider being part of LRS if you have never done so, or signing up again if you have previously participated. And remember, as a panel attorney you are not required to take each referral, but can do so as your schedule allows. Give it a try, because LRS is a great opportunity.

Santa Cruz is a unique community in that the Association does not have a regular influx of new members. Generally speaking, retirements outpace new memberships. One challenge is to encourage those who live in Santa Cruz County but work outside of the County to become members of the Association. As 2017 membership renewals go out in early November, I encourage you to not only renew your membership but to reach out to other practitioners, paralegals and law students and encourage them to become members of the Association.

The Bar Association continues to be mindful of the importance of facilitating opportunities for our members to participate, educate and enjoy. The Association offers MCLE opportunities, and if you have an idea for a presentation, a topic or a guest speaker, please let us know. Check our website to see all of the upcoming MCLE programs offered by the SCCBA and our Estate Planning and Real Property Sections.

The annual meeting for 2017 has been pushed back, to March 3, 2017, in order to avoid conflicts with the holidays and other major events. Hopefully, this will also invite better weather for the event. Note, the Board of Directors will be soliciting nominations for new Board members in early 2017. If you are interested in being a member of the Board, please contact a Board member or the Bar Association office. It’s a great Board, and another fine opportunity to serve your community.

2016 has, so far, been solid year for the Association. Speaking on behalf of the Board of Directors, it is an honor to serve our members, and our community, and we invite you to join us.

Page 5: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

5Santa Cruz County Bar Association October, November, December 2016

Santa Cruz County Law Library 120thAnniversary Open House August 24,2016

Law Library Board of Trustees Vice President Julia Hill, Esq. holds a certificate of recognition from Senator Bill Monning and Assembly Member Mark Stone, honoring the Law Library’s 120th anniversary. With her are: Julia Holl, Field Representative for Assemblymember Stone; Austin Comstock, Esq., Law Library Trustee (1969-1986 and 1988-1955); and Rachel Bickert,

Field Representative for Senator Monning.

1-888-280-6649Fax 831-457-6078 [email protected]

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Page 6: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

6Santa Cruz County Bar Association October, November, December 2016

A View From the Bench: Family Law Mediation

The practice of the Family Law Court has been to offer the litigants an opportunity to engage in a judicial mediation in an effort to settle their case prior to trial. See, Local Rules of Court § 3.1.09. This “rule”of court is voluntary, not mandatory. (Please do not confuse this with other rules of court which are, in fact, rules, and therefore mandatory.) The judicial mediation has exactly the same goal as a settlement conference and, for the purposes of this article, the terms are used interchangeably.

As most family law practitioners know, there are presently two family law judges hearing family law matters. If your case is scheduled in front of Judge A, you may choose to have your case mediated EITHER by Judge A or by Judge B. That choice is completely up to the litigants and it is of no consequence to the judges which choice you make. Some attorneys prefer to mediate with the judge who will ultimately try their case: they find it helpful for their clients to hear from the judge directly how a legal issue may possibly pan out. Other litigants prefer not to have the trial judge be exposed to any of the factual or legal arguments they plan to present so they prefer to mediate with the non-trial judge.

It appears that the family law court practice of trial judges mediating some of their own cases, despite the fact that judge will try the case if it does not resolve, has raised the question of whether such a practice is proper. The answer is: Yes, of course it is.

Having supplied the answer to the question, I was going to stop there. However, it does seem that it may be more informative and perhaps even persuasive to provide some reasoning which leads to the answer above. The persuasive bit is as follows:

The first point is purely practical: If an attorney feels for whatever reason that it is not “proper” to mediate with the judge who will ultimately try the case, then he or she may simply request mediation with the non-trial judge. It is a non-issue: “problem” solved!

Further persuasive points are based in the law. Those lawyers who are concerned that discussing the facts or law with the trial judge is an improper practice and should effectively prevent that judge from trying the matter are simply mistaken regarding the applicable law. To assist in understanding the applicable law and rationale, it may be helpful to review the following: California Rules of Court, Rule § 3.1380 specifically deals with mandatory settlement conferences. Even a judge against whom a CCP § 170.6 challenge has been granted may still conduct a settlement conference in that same case, despite the disqualification. See, e.g., Mezzetti v. Superior Court 94 Cal. App. 3d 987. Further, that disqualified judge may in fact schedule a mandatory settlement conference and require that party/attorney who filed the CCP § 170.6 motion to appear and participate. (This does not mean to say that is a smart approach or a productive approach.)

The legal conclusion explained above has also been codified in CCP § 170.4, which lists the “Powers of disqualified judges”:

(a) A disqualified judge, notwithstanding his or her disqualification may do any of the following:

(6) Conduct settlement conferences.

There has also been a recent amendment to the Code of Judicial Ethics that makes it clear that judges may participate in settlement conferences in matters pending before them. See, Canon of Ethics 3B(12), “A judge may participate in settlement conferences or in other efforts to resolve matters in dispute, including matters pending before the judge. A judge may, with the express consent of the parties or their lawyers, confer separately with the parties and/or their lawyers during such resolution efforts.” Of course, although a judge may assist in settling matters, it is not proper for the judge to “strongarm” either side into settlement or use language which would be reasonably interpreted to be coercive. However, a judge may in fact express opinions about the merits of a case, even if such opinions are expressed somewhat emphatically. As reasonable minds may differ about what comments may fall into which camp, here are some examples:

Written by Judge Ariadne Symons

Page 7: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

7Santa Cruz County Bar Association October, November, December 2016

“[Your client] ought to settle the lawsuit because there appears to be clear liability.” Garcia v Estate of Norton (1986) 183 Cal App 3d 413, 425. (This is proper and not coercive.)

“You’re going to lose if you try this case.” Judicial Ethics Committee, Opinion No. 71. (This is proper and not coercive.)

“Your demand for money is bulls**t….If you keep making this demand, you can stick it right here:”

While making this statement, the judge gestured toward his buttocks with rolled up paper. Although I doubt that any of us needed a formal analysis to tell us this was not proper judicial conduct, you may read the amusing discussion at CJP Public Admonishment of Judge Alexander H. Williams III, 1/22/1997.

At the risk of taking advantage of this opportunity to write a short and informative article, I would like to add the obvious: it is always better to settle. Counsel sometimes

forget the emotional and psychological toll that a pending case has on their clients. Sometimes the clients forget that. Even if the proposed settlement is not exactly what you and your client are hoping for, it is always better to be in charge of making your own decisions rather than submit it to the court after trial and come away with a decision even worse that what you were hoping for.

Look at it this way: if during the settlement conference the judge seems unreasonable and illogical, use it to your advantage. At a private moment, you can advise your client, “See? I told you she was a complete nutjob! We’d better settle this rather than let her decide.” You have our permission to do so.

Judge Ariadne “Ari” Symons was elected to the bench of the Santa Cruz Superior Court in 2008, and re-elected in 2014. Her current assignment is in the Family Law Division in Department D in the Watsonville Courthouse.

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Page 8: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

8Santa Cruz County Bar Association October, November, December 2016

Page 9: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

9Santa Cruz County Bar Association October, November, December 2016

The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and MeditationBy Jeena Cho and Karen Gifford

Written by Lolly Belanger, Executive Director of the Santa Cruz County Bar Association. Lolly began working at the SCCBA in December, 2014. She has found that a regular meditation practice helps improve her relationship with a restless mind.

When a Google search on “mindfulness” brings close to 40 million results, it’s hard to imagine anyone not having at least a passing knowledge of the concept. Generally linked with meditation and stress-reduction, mindfulness based training has been incorporated into numerous settings and professions including healthcare, education, prisons, professional sports, the military, and the list goes on.

In the new book, The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation, Bay Area authors Jeena Cho and Karen Gifford, who began meditating as practicing lawyers, offer reasons why meditation might be particularly helpful for their colleagues in the legal profession. The book outlines a self-guided program to introduce a meditation practice into daily life.

If the words “anxious lawyer” cause your eyes to roll into your head, Cho and Gifford make the case that anxiety, depression and stress-related conditions are part and parcel of lawyering, and that these issues remain mostly unacknowledged and unaddressed because they are seen as character flaws. The need to present a façade of invulnerability, along with the internal and external pressures to perform at the highest standards, can result in feelings of anxiousness and isolation.

The authors assert that because the lawyer’s mind is arguably his or her “most used and valued instrument,” the changes that can take place over time as a result of a meditation practice can help someone better understand

Book ReviewThe Anxious Lawyer

their mind and enhance their self-knowledge, well-being and interpersonal relationships.

Recognizing that lawyers are partial to evidence, the authors offer scientific studies on aspects of meditation throughout the book and in the Notes section (including an article in the Harvard Gazette discussing positive residual effects in brain functioning for participants in an 8-week meditation training program). The authors also include discussions of what led them to try meditation and how they have incorporated what they learned in dealing with clients, opposing counsel and other people and situations in their lives.

The chapters in the book build on one another and cover topics such as gratitude, self-compassion and

compassion for others. If you are curious about trying meditation but are convinced that you don’t have time to read a whole book on the subject, simply following the week by week instructions included at the end of each chapter will give you an introduction to meditation and mindfulness practices. Audio guided meditations for the weekly programs are offered on the website, www.theanxiouslawyer.com, along with related posts and podcasts.

You can purchase The Anxious Lawyer at Amazon.com.

Page 10: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

10Santa Cruz County Bar Association October, November, December 2016

Fall Fling

Special Thanks to Our Sponsors:Dan Casagrande, Jody Gold/LexisNexis, JAMS, Katz & Lapides, Beck & Mathiesen, Benjamin Leibrock, Creekside Court Report-ing/Creekside e-filing, James Eschen, Andrew

Janecki, Laura Walther, Ashley Wheelock

And many thanks to Bjorg Yontsfor sharing her beautiful home.

Page 11: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

11Santa Cruz County Bar Association October, November, December 2016

Page 12: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

12Santa Cruz County Bar Association October, November, December 2016

E-filing Tips from an Electronic Filing Service Provider (EFSP)Written by Stephanie Sayler

For the “nuts and bolts” of how to prepare and submit your documents for eFiling, I recommend a wonderful guide written by Christi McDonald, Esq. (who is a wizard), available on our website at: http://saylerlegal.com/wp-content/uploads/2016/07/eFiling-checklist.pdf.

You will help the clerks and judges who are receiving your documents by keeping a couple of things in mind:

1. Whether you are filing a new case or on an existing case, at the bottom of the screen in the section labeled “Review & Submit” you will find the box labeled “Clerk Memo.” Each EFSP may label it a bit differently, but it’s quite useful.

Sadly, if you type “Statute of Limitations runs today in 10 minutes!” the clerk cannot view this on their monitor of incoming items. They only see this once they open the envelope. But type it anyway and plead your case if the filing is not deemed filed until the next day.

If you are unsure of which Document Type to select, you can provide further explanation to the clerk. Perhaps you chose a type that would not incur a fee, even if it didn’t make perfect sense. Amended documents tend to fall into this category.

Confidential vs. Public – If you’re unsure if “Confidential” will be acceptable to the court, I suggest this comment: “Do not reject;

okay to change from Confidential to Public.”

2. Avoid using colored text. If you need a photo to be in color to be effective, then produce it in color.

3. Avoid using all capital letters.

4. Document Type/Document Description – The Document Type is not always viewable on the judge’s monitor. The document type may be “Complaint” and the description provided by the filer may be “2016-06014 Johnson.pdf.” If the judge can only see the description, he has no idea this

document is the Complaint. Our portal automatically repeats the Document Type in the Document Description field. You may add to this field, but do not erase what appears here if you want to please the judges.

5. Poor quality documents like deeds can be tricky. If your only copy is fuzzy, I suggest adding a page prior to the poor attachment: “Regarding the attached document of poor quality, under penalty of perjury, to the best of my knowledge, the text on the attached document that is difficult to read is transcribed below.” Transcribe the fuzzy part of that legal description for the court.

6. You upload a document but the clerk only sees blank pages or cannot view the pages. We’ve experienced this occurrence in two scenarios:

a. You have an exhibit and you made it “text searchable” (OCR). This can render the documents blank when uploaded. Remove the OCR formatting and then upload again. If that doesn’t work, try re-sizing.

b. Use the “unlocked” version of Judicial Council forms. Forms downloaded from the Judicial Council website are often rejected because they are “secured.” Those posted at this link have removed the security, so that they can be submitted without issue. http://www.greenfiling.com/california/court-forms

7. Be aware of the size limitations of your EFSP (ranging from 8 mg and up). Our portal is 20+ mg. Keep resolution at a maximum of 300 dpi to keep file sizes reasonable.

8. Upload each document that you want to be file stamped separately. You can upload multiple documents into the same filing envelope.

9. eService – An EFSP allows you to file and to conduct eService. You can also eServe without a filing. If you file and eServe, but then your document is rejected, fix it and re-serve. Everyone in the case can see who was served, but they cannot see the actual email addresses. A proof of service is still required, and you mark that the service was done electronically. Our portal allows you to view when the email was opened.

Page 13: BAR BRIEFS quarter 2016 BB.pdffor MCLE credit. Questions: Emily Buchbinder, 831-426-8484, emily@buchbinderlaw.com. MCLE MCLE MCLE MCLE MCLE MCLE MCLE MCLE. anta nty Ba ssiatin 4 tbe,

13Santa Cruz County Bar Association October, November, December 2016

Stephanie Sayler is the founder and CEO of Sayler Legal Service. Since 1991, the company has provided professional legal services in Santa Cruz, Monterey and San Benito Counties.

10. Request additional services – There is an option to ask your EFSP to deliver courtesy copies of the documents you just filed during the eFiling process. You can also ask that they be served on the defendant or opposing counsel by hand-delivery, etc., all during the eFiling process, thereby creating a quick, one-step communication.

11. If you flip from one EFSP to another, (e.g. Odyssey eFileCA to Sayler Legal Service), you do the initial set up of your account, and all the case information is accessible to you just as before. All the Tyler Odyssey certified EFSPs connect to the court’s EFM (electronic filing manager), which utilizes the Odyssey case management software. Once you establish your account at our portal, go to “Settings” in the top bar menu, then select “User Preferences” from the side menu. If you uncheck the top three boxes in the bottom section titled “Odyssey eFileCA User Preferences,” you avoid receiving duplicate emails being generated by the Odyssey system.

12. “Payment Settings” (side menu) – I recommend you establish a minimum of two payment accounts (one credit card and one bank checking account). Click on “Add Payment Account” and use a name that’s obvious to you. If you do work for public entities, also establish a

“Waiver Account.” All of these payment types can easily be found in the “Payment Account Type” pull down menu. Why multiple payment accounts? A checking account transaction is a flat $1.00. A credit card transaction incurs a convenience fee based on a percentage of the total fees charged (filing fees plus transaction fees). You may also want to establish payment accounts for your trust checking accounts. Not all courts accept all payment types at this time, and a credit card is still the only option in some courts.

For more information, please visit our website, www.SaylerLegal.com and our portal: efile.saylerlegal.com. You can also reach my Court Service Manager (Misha Conrad) and my entire team at [email protected], or telephone (831) 384-4030.

Experienced staff supporting your office team

On site digital copying Subpoena records Process serving Court services Efiling-Visit our website for Hints & Troubleshooting If you prefer that we do the eFiling data entry for you, send your documents to [email protected]. This concierge service is $25, with subsequent same-day filings of $23.50. You can request additional services through the portal, as well.

[email protected] (831) 384-4030

Detailed information: www.SaylerLegal.com

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14Santa Cruz County Bar Association October, November, December 2016

“Imagine Civility: You May Say I’m a Dreamer, But I’m

Not the Only One”

July 7, 2016

SCCBA MCLE

SCCBA Board President Nathan Benjamin with speakers Judge Charles Crandall, Joshua George, Esq. and Roy Ogden, Esq.

Mentorship Program: Not Just for New Lawyers

While many people seek out a mentor at the beginning of a career, having a mentor during a transition time can be just as valuable. Whether you are entering a new practice area, striking out on your own, or simply considering the possibility of change, the SCCBA Mentorship Program can help. Our mentors are experienced, thoughtful lawyers who are willing to share their expertise, knowledge and time to help others in the legal profession. Find out more at the SCCBA website, or by calling the Bar office at 831-423-5031.

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15Santa Cruz County Bar Association October, November, December 2016

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16Santa Cruz County Bar Association October, November, December 2016

Bench Bar Reportby Burleigh Cooper, EsqOf Burton and Cooper, LLP

The last Bench Bar Meeting was held on July 13, 2016 with Judge Denine Guy presiding. The next Bench Bar meeting is scheduled for October 12, 2016.

From a budget perspective, the Santa Cruz County Courts will receive a modest increase in the 2017 budget as compared to 2016, which is a welcome change from the ever dwindling budgets of the past few years. However, the increase is not sufficient to cover the increased costs incurred by the Court, including health insurance for Court employees. Compounding this issue are decreasing revenues, in part due to traffic amnesty - the net financial impact of which is unknown at this point.

Alex Calvo reported that the Santa Cruz County Courts have done well in remaining “self-reliant” in the face of budget reductions over the past several years, however, funds are not presently available for certain requested items, including a court-funded reporter in the family law division.

Sasha Morgan discussed the new Court payment option [E-Check], which allows funds to be obtained directly from an authorized bank account at the cost of $1.00 per transaction. Credit card payments will continue to incur a 1.99 percentage fee.

The new Local Rules and List of Local Forms, effective July 1, 2016, have been published and are available at www.santacruzcourt.org. All restraining orders will now be heard in Watsonville.

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Mark your calendars for the 2017 Bench Bar meetings on January 25, April 19, July 12 and October 25.

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17Santa Cruz County Bar Association October, November, December 2016

“Understanding and Eliminating Bias About Neurodiversity”

September 15, 2016

SCCBA MCLE

Raising the bar

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. © 2014 LexisNexis, a division of Reed Elsevier, Inc. All rights reserved.

For more information contact:Jody Gold, Account [email protected]

SCCBA Board President Nathan Benjamin with speaker Michelle Galloway

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18Santa Cruz County Bar Association October, November, December 2016

SCCTLACharity GolfTournament

Supporting Senior Citizens Legal Services

August 26, 2016

DeLaveaga Golf Course, Santa Cruz

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19Santa Cruz County Bar Association October, November, December 2016

Diaper dampener, box-boy, baby sitter, forklift operator, floor walker, systems analyst.—Jeff Bosshard

Paperboy; dishwasher; busboy; warehouseman; carnival worker; retail sales.—David Beck

Farm/ranch hand; teacher’s aide for visually impaired; farm/ranch hand; legal collections clerk; farm/ranch hand; amusement park ride operator; law clerk.—Pamela Mathiesen

The Pulse LIne - #firstsevenjobsContinued from back page

The Santa Cruz County Trial Lawyers Association wishes to congratulate our President, Emily Trexel, and her partner, Amy Christey, on the birth of their beautiful daughter, Ellie Amelia Trexel, born July 13, 2016.

Christmas gift wrapper at a women’s ready to wear business in Palo Alto; swimming teacher; research assistant to a doctoral candidate at Stanford University School of Education; ghost writer for the same person; assistant professor of political science at Long Beach State College and later at the College of William and Mary; instructor in political science for the Junior Statesman Foundation; Fulbright lecturer on American Politics at the University of Clermont, Clermont-Ferrand, France; associate attorney at Lillick McHose & Charles in San Francisco; law clerk to the Chief Justice of the High Court of American Samoa; sole practitioner in Santa Cruz, California. I think that comes to ten jobs. Oh yes, I was also a camp counselor teaching crafts and sailing.—Richard Damon

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20Santa Cruz County Bar Association October, November, December 2016

Newspaper carrier for the Santa Cruz Sentinel; taxicab dispatcher; taxicab driver; Captain U.S. Army Intelligence (an oxymoron); lawyer.—Robert Bosso

I grew up on a ranch near Thermal, California, so it’s not hard to remember those early (first seven) jobs. The first job I had was in a packing shed making boxes for packing sweet corn. I did that for a couple of summers between 4th and 6th grade. My next job was driving the tractor that pulled the wagons in the fields for picking the corn. Then there was hay hauling with a Willy White. I did that in the 8th and 9th grades. Next came a job for Massey Sand and Gravel, maintaining their trucks. My dad wanted me to work for someone other than him. Sprinkled in there was a job at the soda fountain at the Shadow Mountain Club in Palm Desert. Being a soda jerk at the Shadow Mountain Club didn’t work out too well, so back to the ranch. My last job on the ranch (before joining the Navy) was riding pens (cutting), dehorning, branding and doctoring cattle. Then came the Navy. That’s seven, isn’t it?—Jim Rummonds

1. Nanny after school for Japanese restaurant owners - elementary school; 2. Pizza restaurant front counter and pizza maker - junior high school; 3. Courtesy clerk at Erba’s Market in Boulder Creek - high school; 4. Sports apparel shop - college; 5. Art Guild secretary - college; 6. Copy shop - law school; 7. Legal secretary - law school.—Judge Denine Guy

Newspaper delivery, babysitter, house cleaner, lab test-tube dishwasher, teletype operator, ice cream scooper, restaurant hostess, insurance cold-caller, baker, preschool teacher, homeless shelter director, bookkeeper…. (I guess that’s more than seven.)—Heidi Simonson

A recent trend on Twitter, #firstsevenjobs, resulted in a variety of well-known people listing their earliest employment situations. We asked you to do the same. What were your first seven (or six, five, four, etc.) jobs?

My first seven jobs were as follows: (1) mowed lawns for neighbors; (2) ran the lake-front snack bar at my uncle’s inn for a summer; (3) washed the Sunday lunch and dinner dishes for 1,000 fellow freshman for a year in college; (4) entered world population data onto IBM punchcards read to me by a professor of demography; (5) worked three summers in college in the manufacturing department of a Kimberly-Clark plant in Connecticut that provided New England’s toilet paper, Kleenex, paper towels and napkins; (6) co-managed the winning gubernatorial campaign of Gov. Tom Meskill in 47 towns in northwest Connecticut; and (7) research assistant to Assembly Minority Leader, Connecticut General Assembly.—Judge Jeff Almquist

Dishwasher, janitor, weed puller/jeep washer/cashier/fish gutter at RV park/campground, lifeguard, prep cook, soda jerk, waiter.—Tony Condotti

Field worker, newspaper boy, preschool aide, Jack-In-The–Box chef extraordinaire, janitor, inventory taker, Juvenile Hall group supervisor.—Judge John Salazar

During the period after taking Bar Exam and before being sworn in, employment opportunities were scarce; so I hoofed door-to-door selling Fuller Brush products. Before law school, I had worked as a construction laborer, a lumber yard driver, a gas station attendant, and a real estate agent sitting in model homes for new subdivisions. During law school, I opened my own aquarium servicing business in the Berkeley/Albany area dba TropiCare. Once I had my license, I rented office space from a San Jose law firm and began my own practice.—Mike Stone

Continued on page 19