Hi NLD Members,
I’m excited to be writing this message as Co-Chair of the Community Outreach subcommittee of the New Lawyer Division (NLD) Executive Committee, with Claudia Salinas. If we haven’t met, I encourage you to attend one of our events! We coordinate pro bono and volunteer events for new lawyers and law students in San Diego County.
The State Bar of California just released two separate and sobering reports about its own failure to open any public discipline investigation of Los Angeles attorney Thomas Girardi, despite more than one hundred complaints against him between 1982 to January 2021. These reports highlight not only failures at the State Bar, but also underscore the need to carefully consider a sometimes-overlooked aspect of the conflict-of-interest rules.
Five minutes remained. The second hand on my watch stubbornly kept turning, along with my stomach. Three quarters of the California Bar Exam were finished, and my insides had decided to rebel right before the last push. But enough was enough. Despite my body’s objections, I hoisted myself to the sink, dabbed my face with paper, and lurched back to the exam room for another hundred multiple choice questions.
Whether newly admitted or highly experienced, working in a small firm or a large firm, or practicing in litigation or transactional law — an attorney in a law firm is likely to become involved in the handling of an existing matter for a firm client at some point. In the process of becoming familiar with the history of the file, the newly added attorney may find they are acting as a Monday morning quarterback, which may include questioning the positions and actions of others involved in the litigation, including the opposing party, other counsel, the Court — or perhaps another attorney within their own firm. When concerns arise regarding this latter category, attorneys must remain mindful of their professional obligations and the ethical limitations pertaining to client disclosures and conflicts of interest.
Happy New Year NLD Members!
Stephanie Pengilley here, NLD’s Chair for the 2023 year. I am excited for what this year holds and the events that are to come. Last year, NLD coordinated several engaging events and received the SDCBA’s Section Recognition and Achievement certificate for Variety of Activities. As Chair, I hope to continue NLD’s accomplishments of putting on intriguing and thoughtful events.
If you are a litigator, you have likely been in court and heard another lawyer enter her appearance by stating her name, followed by the phrase “specially appearing.” Or, perhaps you have received a telephone call from another lawyer who requests you “specially appear” at a hearing for a client you have never met. Such appearances are not uncommon in California Superior Court in both civil and criminal matters.
It has been my privilege and honor to produce For The Record as your editor-in-chief these past two years. This publication is uniquely founded on being created by new lawyers for new lawyers. Together, we have created more than 150 articles over the past two years tailored specifically to the needs, likes, and interests of our community. If you missed any past editions, you can visit our full archive.
Is a bumblebee a fish? This question, explored in a recent California ruling, exemplifies the importance of deciphering linguistics in interpreting the law. On this topic, the Appellate Practice Section of the San Diego County Bar Association hosted a Web CLE course on October 28, 2022, entitled: “Corpus Linguistics as a Tool for Appellate Advocacy.” The featured presenters were Tammy Gales, Associate Professor of Comparative Literature, Languages, and Linguistics at Hofstra University, and James Heilpern, Esq., Senior Fellow of Law & Corpus Linguistics at Brigham Young University Law School. The course focused on historic and ongoing issues with the traditional approach to linguistics in the law and how the use of corpus linguistics — the study of language through “corpora” or large bodies of data showing how words are used in a real-life context — provides judges and lawyers useful tools for statutory interpretation and appellate argument that more efficiently achieves the goal of having uniformity between the legal and textual meaning of language.
After 10 years as a federal prosecutor, Lara Worm pivoted from law and co-founded Bivouac Ciderworks, a hard cider taproom and restaurant in North Park.
Walking into Department 1102 to appear before Judge Daniel Goldstein feels like someone is greeting you with a smile and a firm handshake. In the new courthouse the ceilings are high, the clerks and bailiffs get along well, and there are plants around to provide a uniquely San Diego feel. But when court is in session, the hard work begins. Judge Goldstein maintains this respectful atmosphere in his courtroom as he has throughout his life.
