By Koryn Sheppard
The human heart is an incredible organ, beating more than 2.5 billion times over a lifetime —depending, of course, on how long that life lasts. On average, it beats 100,000 times per day and 35 million times per year.
By Beth Ploesch
Who We Are and What We Do
Children’s Legal Services of San Diego, Inc. (CLS) provides legal representation for youth involved in juvenile dependency cases. CLS is appointed to represent the child by the juvenile court when a social worker files a petition alleging child abuse or neglect. As appointed counsel, the CLS attorneys serve as the attorney and guardian ad litem for the child throughout the dependency case. Typical litigation in the dependency case involves where the child lives, whether the family is getting adequate services, and also the child’s permanent plan, including reunification with family, adoption, or guardianship. In addition to representing children, CLS also represents former foster youth ages 18 to 21 who are participating in Extended Foster Care, a voluntary program to support the youth’s transition to adulthood. CLS currently represents approximately 1,700 youth throughout San Diego County.
By Stacy Plotkin-Wolff
“Lawyers who know how to think but have not learned how to behave are a menace and a liability to the administration of justice.” Excerpts From the Chief Justice’s Speech on the Need for Civility, New York Times, May 19, 1971, Page 28. More than fifty years later, the California State Bar proposed amendments to the California Rules of Professional Conduct, including Rules 1.2 and 8.4, and the introduction of new Rule 8.4.2 to specifically address civility. The California Supreme Court is poised to adopt these long-debated civility rules, which would make California the fifth state to adopt such rules. What are the proposed rules, how will they be enforced, and who will enforce them?
By David C. Carr
Two years ago, the State Bar implemented the Client Trust Account Protection Program (CTAPP). The aim of CTAPP is to deter client trust account misconduct through the imposition of a layer of regulation on top of the discipline system. The advent of CTAPP is part of the fallout from the Girardi scandal. Girardi was able to move money between trust and business accounts, that helped to conceal his theft. Of course, this problem did not begin with Girardi. One legal review article referred to misappropriation from the client trust account as “the perfect crime.” Client trust account misconduct can be difficult to detect. Requiring the reporting of client trust account overdrafts has been helpful in detecting misconduct. It is ineffective for detecting the practice flush with money that has been paying the last client settlement with a current client’s settlement money. “Robbing Peter to Pay Paul” can go on for a very long time as long the cash flows in, just as in a Ponzi scheme. But when something stops the cash flow, the whole thing falls apart quickly. This is what happened to Girardi.
By: Edward J. McIntyre
New Year’s Day has come and gone. With it, family gatherings, festivities, football. We’re back at work, facing 2025. But, before getting knee-deep in our practices, clients, and other stuff, consider taking a short break to start the year on the right foot—or left, if you wish.
By Charles Berwanger
The purpose of this article is to provide a skeletal outline of the State Bar’s disciplinary process and recommendations for dealing with it.
By Taneashia Morrell
As my tenure as Chair of SDCBA’s DEI Division comes to an end, I want to take a moment to reflect on my journey over the past twelve months and to express my gratitude for the trust and support that has been extended to me throughout this time.
By: Anne M. Rudolph
Because the compliance group that reports in 2025 is the first to have to meet the new civility requirement for MCLE, it seems that civility in the legal profession has become a hot topic. But, the new MCLE requirement is just one aspect of the current focus on addressing and overcoming incivility.
By Katie Parker
Imagine the scenario – you’ve met with a potential client, and he has a promising personal injury case. You’re excited to take it on. You’ve just started building your PI practice, and this case looks like a great next step for you. But, your initial conversations have raised a few concerns. In particular, you fear you may have some “client control” issues, and you worry he may present difficulties when it comes to agreeing to a reasonable settlement proposal. As you spoke with him, you sensed more than a bit of stubbornness, and he seemed to have strong opinions about the law and the value of his case.
By Koryn Sheppard
Election cycles, particularly in high-stakes political climates like the current one, can be exhilarating, exhausting — or both. The flood of political news, opinions, debates, and advertisements can overwhelm and even dismay. At its core, an election is a contest of values, ideas, opinions, and visions for the future. When it comes to presidential elections, many people feel a personal stake in the outcome. Emotional highs and lows can lead to stress, anxiety, and fatigue. Some may even feel real fear. This fear is not unjustified, as polarizing political extremism has led to acts of terror, violence, and civil unrest. Additionally, the psychological impact can be equally severe. Many people, especially those in marginalized groups, feel an increasing sense of vulnerability during election cycles as the worry about hate crimes and discrimination adds a deeper layer of anxiety to an already tense period. Many people feel angry. This anger is not unjustified. Political discussion can easily turn heated, even between close friends and beloved relatives. It is easy, tempting, and even reflexively vindicating to resort to ad hominem attacks when you believe the other side is racist, sexist, xenophobic, homophobic, etc.
