This week is the State Bar of California Bar Exam (July 27-28). Do you remember when you took it? Everyone has their stories, some of which have elevated to urban legend status! Have you heard about the tractor-trailer of spilled Cream of Mushroom soup that shut down the freeway the morning of the Bar Exam?? (Did that really happen? Anyone??)
There are currently 12 openings in the San Diego Superior Court. If you are an attorney with at least ten years in practice and have been considering taking the next step in your career, this is a great time to submit a Judicial Appointment application. I’ll note that the application is substantial and takes time to complete. Get started now if you want to be considered!
And just like that, it’s August! Today is the last day to submit your self nominations for both Committee appointments, as well as nominations for running for the Board. (They’re due by 5:00 p.m. – and yes, even if you’re seeing this in the afternoon, you can still get those in by the deadline.)
By Gary Schons
LAWYER and MATE, domestic partners, are at home and get into a terrible argument over finances. MATE becomes uncharacteristically angry and upset and grabs LAWYER around the neck and chokes LAWYER to the point of near unconsciousness. MATE releases LAWYER and backs way, crying in sorrow. LAWYER regains full consciousness, grabs a cellphone and calls 9-1-1 to report the domestic violence incident and summon the police. The police arrive a few minutes later, are admitted to the home by LAWYER, who then reports the incident to them. As required by law, the police immediately place MATE under arrest, handcuff MATE and lead MATE to the squad car for the ride to jail. Seeing this process upsets LAWYER who realizes the profound consequences on MATE of having called the police and setting a likely criminal prosecution in motion. LAWYER, who has practiced some criminal defense, drives to the jail, provides LAWYER’S State Bar Card to the DESK OFFICER and advises DESK OFFICER that LAWYER is representing MATE and wants to speak with MATE before the police do. LAWYER is placed in an “attorney visiting room” with MATE, just after completion of the booking process, where LAWYER tells MATE to invoke his right to silence and to the presence of a lawyer and not talk to the police or the prosecutor, and that LAWYER will arrange MATE’s release. MATE acknowledges the advice and is led away to holding area where the court has arranged for expedited initial appearances by video for minor offenses of arrest. LAWYER arranges to appear by video with MATE and succeeds in obtaining MATE’s immediate release on MATE’s own recognizance from the magistrate.
By Michael L. Crowley
On June 30, 2021, the Pennsylvania Supreme Court reversed the sexual assault convictions of comedian-actor Bill Cosby, and he was released from prison. He was serving a 10-year sentence. News accounts often referred to the reversal as one involving a “legal technicality”. But, in fact, the decision was based on one of the United States most cherished right, that is, the right to remain silent in the face of criminal prosecution. The case provides some important ethical considerations for both criminal and civil practitioners.
By Andrew A. Servais
Wingert, Grebing, Brubaker & Juskie, LLP
By Mayra Hernandez, California Western School of Law
By Stephanie Germani, Attorney at Law
It’s not surprising that Rachel Allums has a solo practice that focuses on estate planning. The Poway attorney not only planned the curriculum for her legal education, she was the only student.
By Alison Schlick, Attorney at Law
California continues to experience the effects of a climate crisis including, hotter summers with world record-breaking temperatures, devastating wildfires with longer fire seasons, megadroughts, and rising sea levels. Greenhouse Gases (GHGs) are a result of human activities such as burying food and yard waste in landfills and contribute to the ongoing effects of climate change. Organic waste, which includes food scraps, yard trimmings, paper and cardboard, makes up half of what Californians dump in landfills.
By Stephanie Pengilley, Bickel Sannipoli APC
