Author: San Diego County Bar Association

President’s Message: November 15, 2021

Today’s Gratitude Challenge is to write about a memory I cherish. One of the best byproducts of this action item from the 30-Day Challenge was that I sat still for about half an hour combing through wonderful memories, trying to pick just one. Maybe it’s because I am teaching this semester at Thomas Jefferson School of Law and I’ve had the joy of being around law students again, or maybe it’s because bar results were released this past weekend, but I settled on the day I received my bar results. I vividly remember sitting in front of my laptop hitting refresh over and over again as the deadline approached. I felt sick with fear. And when, suddenly, my result popped up – “The above-named person appears on the pass list,” (or something to that effect) – my whole body went numb. It was like one of those scenes in a movie where everything goes silent. There’s no breath. There’s no heartbeat. Then slowly, the sound came back, muted at first, then becoming clearer and louder until it was crashing all around me with an almost physical impact. I was going to be a lawyer!

With that memory fresh, I want to share my sincere congratulations to those new lawyers who became our colleagues this weekend. We are so proud to welcome you to the profession. ¡Felicidades!

I also want to take a minute to share love and commiseration with those who didn’t pass. This is not the end. I have many dear friends, successful lawyers, who took the bar multiple times before passing. It is challenging. And you are up for that challenge. Keep going.

Whether your bar results experience was recent or long past, whether you received your results by mail or by the internet, and whether it was the first or the fifth time you took the bar, we all worked incredibly hard to earn the ability and honor, as lawyers, to help others navigate the legal system.

What we may not have understood when we first entered the profession is that the work does not stop. We continue that work as we educate ourselves on disparities in the criminal justice system and what we can do to foster and effectuate change. I hope you’ll join us this week for our final 2021 Dialogue on Diversity: The Intersectionality Between Race, Poverty and the Criminal Justice System, featuring panelists Hon. Roderick Shelton, Michael Garcia, and Roxana Sandoval, and moderated by Past SDCBA President Jerrilyn Malana.

The SDCBA also celebrates the announcement of our Section and New Lawyer Division election results, including NLD Chair Jake Zindulka who will serve a one-year term on the Board of Directors. You can find the 2022 leadership here. Thank you for your willingness to serve as volunteer leaders.

Additionally, five lawyers were elected to your 2022 SDCBA Board of Directors. Running for the Board is not easy, and I want to thank everyone who put time and effort into standing up and stepping up to undertake the work. We are pleased and proud to welcome:

At-Large Directors: Read More

Rule 1.2.1: Hired Guns Or Client Gatekeepers?

By David C. Carr

Lawyers owe many ethical duties to their clients. Most of these duties are bottomed on the fiduciary nature of the attorney-client relationship. But lawyers also owe ethical duties to the judicial system and other persons arising from their status as officers of the Court and agents of the justice system. The most exciting (sometimes too exciting) problems in legal ethics arise from conflicting duty situations. California’s Rule of Professional Conduct 1.2.1 provides the context for many conflicting duty scenarios. It has been a part of ethical controversies since it became part of the black letter law of legal ethics on its adoption by the Supreme Court in November 2018. Read More

President’s Message: November 8, 2021

Today’s action from the 30 Days of Gratitude Challenge that I’m doing is to write down something you are thankful for that has nothing to do with worldly possessions. This is an easy one for me as we come off a busy week of bar association dinners; I am grateful for this San Diego legal community. I teared up during the Tom Homan LGBT Law Association’s Gala Dinner while Judge Rubin and Justice Jenkins chatted by the firelight, and I wasn’t alone. I learned so much during the Native American Lawyers Virtual Gala from artist and activist Gerald Clarke Jr. (Cahuilla Band of Indians). I was inspired by the strength of the South Asian Bar Association’s leadership, which was matched by the fearless keynote by Judge Bernadette D’Souza. I cheered to see how many students the Earl B. Gilliam Bar Foundation awarded scholarships to, and how many elected officials honored the work of both the Foundation and Association. At each of these events, I was reminded of how important the work we do is and how fortunate we are to do it together. Read More

President’s Message: November 1, 2021

And just like that, it’s November. This month I plan to start each week with something that sparks gratitude within me. In the past, I have engaged in various gratitude challenges and, while they can sometimes feel like work, they have always been worth the effort for me. I found this 30 Day Gratitude Challenge this year, and I’m starting today by sending a positive note to someone – handwritten and snail-mailed, no less! If you join the challenge, I hope you’ll let me know how it’s going throughout the month! Read More

Pick the Wrong Test, Be Held in Contempt

By Edward McIntyre

A Central District of California grand jury issued subpoenas to a company and its lawyers related to a criminal investigation of the company’s owner, also a client of the lawyers. The subpoenas sought documents and communications related to that criminal investigation, the target of which was the company’s owner. The company and the lawyers produced some documents, but withheld others based on assertions of the attorney-client privilege and work-product doctrine. Prosecutors pressed the issue. The district court (Hon. John Kronstadt) determined that the withheld documents were not protected by any privilege or were discoverable under the crime-fraud exception to the attorney-client privilege. The company and the law firm disagreed with the court’s rulings and continued to withhold the disputed documents. The court then held the lawyers and the company in contempt because they failed to comply with grand jury subpoenas.  Read More

Mindful Minute: Boundaries and Wellness

Want Better Work-Life Balance? Set a Boundary

By Marta Manus

When people think of boundaries, they often think of limits or rules. Boundaries often imply learning to say “no” to others. I like to think of boundaries as the foundation of any healthy relationship, including your relationship with yourself and others. Boundaries are empowering, and an important aspect of self-care, which is something we could all use a bit more of. Boundaries are saying “yes” to yourself and teaching others how to treat you. Setting boundaries with ourselves and others, including colleagues and bosses, is essential if we want to create a healthy work/life experience. We have to get comfortable with setting healthy personal and professional boundaries.   Read More

President’s Message: October 25, 2021

As my husband, Phil, and I spend this week boxing up our downtown office, I reflect on how much the practice of law has evolved over the past almost year and a half. Before March of last year, Zoom was an application used by few, virtual offices were looked at as a step down from large offices with picture windows and dark furniture, and working from home wasn’t fathomable. Until there was no alternative. Read More