Mindful Minute: The Balance of Gratitude

By Pauline Villanueva

 ’Tis the season to give thanks, count our blessings, and remember all the things we have to be grateful for. For some, this is a welcome reminder; for others, it is a challenge. Worse, it can make some of us feel resentful, as if we’re being pressured to feel “grateful” while simultaneously being forced to acknowledge our struggles. Read More

Efferin Deans and the Boundaries and Evolution of the Practice of Law

By Jessica Park and Andrew Servais

The California State Bar recently seized the client files of Efferin Deans, a man with a 25-year history of impersonating attorneys and two prior convictions of identity theft.[1] On Oct. 27, 2021, a criminal complaint was filed in Los Angeles County naming Efferin Deans and twenty-two aliases that Deans utilized to impersonate a lawyer and appear on the record as a licensed attorney for family law and personal injury cases from January 2019 to September 2021 (See People v. Deans, Los Angeles County Superior Court,Case No: BA499952).  Read More

President’s Message: November 29, 2021

Thanksgiving has come and gone, but before we leave November, there are two more days of the 30-Day Gratitude Challenge and I’m determined to end strong. Today’s challenge is to call or text someone and share a reason I’m grateful for them (the tough part will be narrowing down whom to send that message to), and tomorrow’s challenge (spoiler alert) is to start a gratitude journal. I’ve been meaning to do that, so this was just the prompt that I needed. If you keep one, I’d love to hear if you fill it out in the morning or in the evening, and why. Read More

President’s Message: November 22, 2021

This week many of us are, or will be, focused on the meal-planning for Thursday’s food fest. The tryptophan and carb comas are coming, and creative left-over makeovers will make up the rest of the weekend. So, I was a little surprised to read that today’s action item in the 30-Day Gratitude Challenge, the Monday before Thanksgiving, is to cook a meal for someone who is stressed or tired. More cooking?? Read More

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