FROM THE PRESIDENT

By Jerry Carmody

Dear Members:,

Summer is a particularly difficult time for me and I would like to think that many of you share my feelings. My children are out of school and I can’t understand why I can’t take a week or two off from the practice of law for summer vacation. While I go to work and answer an endless stream of telephone calls, meet with clients, draft pleadings, propound discovery, respond to discovery, take depositions, and go to trial, my kids get to play with their friends, go to birthday parties, go to the fair, and go to the beach. Every Friday afternoon I feel like I’m setting under an hourglass watching the last grains of sand fall out with so many things left undone. I think we all need a break and I hope that you all take a week

off to spend with family and friends this summer.

I want to remind the Members about the State Bar’s Annual Meeting in Monterey October 7-10th. The Annual Meeting offers a wide range of educational programs and is a great opportunity to get away with a friend or colleague for another vacation. The educational courses offered at the Annual Meeting include general MCLE courses and legal specialization

courses in Appellate Law, Criminal Law, Estate Planning, Trust and Probate Law, Family Law, Immigration Law, and Taxation. You are encouraged to register early because many of the courses have a tendency to sell out early. You can also get price discounts by registering early.

You may also be interested to learn that last year, the Legislature modified the statutory duty requiring attorneys, set forth in the Business and Professions Code Section 6068 (1), to “maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client,” by adding a new paragraph (2). The new paragraph provides that an attorney may, but is not required to, reveal confidential information relating to the representation of a client to the extent that

the attorney reasonably believes the disclosure is necessary to prevent a                                                                                                                   con't on page 3

FROM THE

COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

SMALL CLAIMS COURT

SCHEDULE CHANGES

Commencing the first week in August, all small claims hearings at the East County Superior Court will be scheduled exclusively for the court’s morning calendar. Small claims litigants will be scheduled for 8:00 a.m. and 10:00 a.m. sessions. Small claims hearings are held from Tuesday through Friday at the East County Superior Court.

NEW TELEPHONE

NUMBER FOR

TENTATIVE RULINGS

San Diego Superior Court has adopted amended Local Rule 2.19 pursuant to Government Code Section 68612, and Section 22 of the Standards of Judicial Administration regarding the Tentative Ruling Policy. The policy is consistent with the intent of the Judicial Council in enacting California Rules of Court 981.1 and 324.

The Court follows a tentative ruling procedure in civil law and motion matters and requires a party to give notice of intent to appear at oral argument. There is a new telephone number for the East County Independent Calendar Departments to check the tentative rulings. The new telephone number is (619) 441-2027.

Any party desiring oral argument shall notify all other parties and the Court of its desire for oral argument within (2) court days following the tentative ruling date. If oral argument is requested, it will be heard at a time designated by the court, one week following the tentative ruling. Notification of other parties and the court shall be by telephone. This rule is effective immediately.

COURT HOLIDAYS

The San Diego Superior Court, East County Division will be closed for the 4th of July holiday on Monday, July 5, 2004.

FROM THE

EDITOR

by Catherine Tancredi

I recently read an article that said that I could lower my risk of getting Alzheimer's disease if I kept my mind sharp by playing word games and doing puzzles. Finally! Now I have justification to anyone who questions my choice of computer, PDA and GameBoy games.

I have long since been a fan of Scrabble and for you 70's folks, Perquackey. Anything that challenges me to make up words with random letters gets my vote. Also trivia games (I know so much about things that make no difference to anyone).

The web has a ton of games to play. Try www.ultimategames.com and click "mind games." I enjoyed Bookworm and my kids would learn by helping me when I got stuck. Another site is www.pogo.com and my favorite is WordWhomp. There are six letters and words must be formed before time runs out. The downloadable version has a game without a timer so it is less stressful to play. Watch out for the awful pop-ups (or get the free "Pop Up Stopper).

My PDA has word games including Scrabble, word searches and crossword puzzles. If you go to www.cnet.com and click on 'downloads', then 'mobile/PDA' you will find quite a few interesting downloadable games that are freeware. Cnet has by far the best collection of virus free freeware. You can limit the search to a particular platform and whether it is shareware (pay a small fee to register) or freeware (no fees).

Keep your brains working hard by exercising them in a way that won't create malpractice exposure. Taking a break every now and then cuts the monotony of drafting those P&A's and surely has to be more fun than Freecell!

FROM THE

PRESIDENT

con't from page 1

criminal act that the attorney reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual. The

Legislature also amended Evidence Code Section 956.6 to make the evidentiary standard parallel to the

amended statutory duty of confidentiality.

The California Supreme Court recently adopted modifications to Rule 3-100 of the Rules of Professional Conduct that will take effect on July 1, 2004. The modified rule will provide guidelines to attorneys concerning the disclosure of confidential information about a client that the attorney believes is likely to cause death or substantial bodily harm to another person. Under the modified rule, an attorney is allowed, but is not under a legal duty, to reveal confidential information relating to a client to the extent that the attorney reasonably believes that disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual.

Before revealing confidential information to prevent a criminal act a member shall, if reasonable under the circumstances, make a good faith effort to persuade the client not to commit or to continue the criminal act or to pursue a course of conduct that will prevent the threatened death or substantial bodily harm or do both. The attorney must also inform the client, at an appropriate time, of the member’s ability or decision to reveal the otherwise confidential information. In revealing confidential information, the attorney must not disclose more than is necessary to prevent the criminal act, given the information known to the member at the time of the disclosure.

I hope this information will assist you in the practice of law and I hope you enjoy your summer vacations.

Regards,

Jerry L. Carmody, President

Happy 4th of July

QUOTABLE QUOTES

by Randall "Rex" Erickson

With respect to the trial judge's apprehension that the matter warrants the shedding of crocodile tears, we note the phrase "crocodile tears" means hypocritical sorrow or false or affected tears, deriving from an ancient belief that crocodiles shed tears over their victims and make moaning sounds to attract their prey. (Webster's New Internat. Dict. (3d ed. 1968) p. 539.) Posterity must judge whether the court's reptilian reference is warranted; but, the pecking order being what it is, we must judge the trial court's exercise of discretion here, and find it distressingly absent. (Gardner v. Superior Court (1986) 182 Cal.App.3d 335, 340.)

"The lowering of standards is the ultimate sacrilege against the ascent of man." (Kahn v. Superior Court (1987) 188 Cal.App.3d 752, 769.

FBA MEMBERSHIP

RENEWAL DUE

Not only has summer arrived and the children are out of school, but it is that time again to renew your FBA membership and pay your $45.00 annual dues.

Benefits include this informative newsletter keeping you up to date on the happenings of East County, free monthly section meetings which earn MCLE credit, MCLE seminars, and an annual directory.

The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. Please complete the application included in this newsletter and mail with your check today!

FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 9, 2004 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $75.00 per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. Checks must be received no later than August 30, 2004. Please use the enclosed flyer to make your reservation. For more information, please contact Dan Bacal at 588-2064 or via email at dan@bacallaw.com.

The next meeting of the Civil Litigation Section will be on Tuesday, July 20, 2004 from 12:00 noon. to 1:00 p.m. in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your brown bag lunch.

The speaker will be Cheryl Stengel, Esq. The topic will be "An Overview of Select Topics in Bankruptcy." She will discuss the automatic stay, non-dischargability issues, claims filing and other practical considerations for non-bankruptcy practitioners to navigate the mysterious waters of bankruptcy. Additional information is on the enclosed flyer.

The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.

This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Sam, Jerry or Mark.

The next meeting of the Estate Planning, Trust and Probate Section will be on Thursday, July 15, 2004 from 12:15 p.m to 1:15 p.m. at Law Office of Nancy Ewin, 8166 La Mesa Boulevard, La Mesa, CA 91941. The office is in the La Mesa Plaza retail/office complex on the corner of Spring Street and La Mesa Boulevard. Bring your lunch (or pick it up prior to the meeting at any one of several sandwich shops in the center), enjoy the meeting and earn one hour of MCLE.

The speaker and topic will be announced. For more information, please contact Nancy Ewin.

The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.

This activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour Ethics or General Participatory. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Nancy, Scott or Jocelyn.

The next meeting of the Family Law Section will be on Tuesday, July 13, 2004 from 12:00 noon to 1:15 p.m. in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your brown bag lunch.

The speakers will be "Sterling G & Panel" who will be discussing "AA and the recovery process."

The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.

This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.

If you have any suggestions for speakers or upcoming meetings, please contact Ed, Judi or Dana.

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m. and 1:15 p.m.

July, 2004

1          AM     Tom Castonguay

            PM      Blaine Phipps

2          AM     Timothy Cohelan

            PM      Dave Demergian

6          AM     David Egan

            PM      Leroy Knutson

7          AM     Joseph Fox

            PM      Miranda Franks

8          AM     Elliott Kanter

            PM      Larry Kincaid

9          AM     Leroy Knutson

            PM      Wells Lyman

13        AM     Garrison Klueck

            PM      Clare Maudsley

14        AM     Jon F. McKinley

            PM      Thomas Marshall

15        AM     James Mietzel

            PM      Ron Oberndorfer

16        AM     Blaine Phipps

            PM      Frank Puglia, Jr.

20        AM     Charles Scott

            PM      Joseph Sciarretta

21        AM     Peter Singer

            PM      Kenyon Young

22        AM     Dan Bacal

            PM      Thomas Buchenau

23        AM     Tom Castonguay

            PM      Ed Castro

27        AM     Timothy Cohelan

            PM      Catherine Tancredi

28        AM     Dave Demergian

            PM      David Egan

29        AM     Joseph Fox

            PM      Miranda Franks

30        AM     Larry Kincaid

            PM      Leroy Knutson

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

July, 2004

7-7-04             Marilyn Bierer

                        Robert Lesh

                        Lorraine Purviance

7-14-04           Stanley Bacinett

                        Gary Glauser

                        Timothy McDermott

7-21-04           Michael Has-Ellison

                        Wells Lyman

                        John McCabe

7-28-04           Anthony Beccarelli

                        Gordon Cruse

                        Lorraine Purviance

2004 SECTIONS:

CIVIL LITIGATION

Jerry L. Carmody 667-9600

Sam Parise (858) 674-6660

Mark R. Raftery 589-8800

CRIMINAL LAW

Daniel Cohen 697-0333

Andrea Schneider 337-1384

ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999

FAMILY LAW

Judith Klein 698-1882

Bud Klueck 448-6500

Edward Torrence 698-6059

2004 COMMITTEES:

ANNUAL DINNER

Joseph Fox (858) 527-0111

Mark R. Raftery 589-8800

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Jerry L. Carmody 667-9600

GOLF TOURNAMENT

Dan Bacal 588-2064

HARD-TO-GET CREDITS

SEMINAR

Judith Klein 698-1882

Bud Klueck 448-6500

Judy Marolt 442-1857

LAW DAY

Jerry L. Carmody 667-9600

MCLE

Daniel Cohen 697-0333

Joselina Medrano 562-9999

MEMBERSHIP

Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Judith Klein 698-1882

Jerry L. Carmody 667-9600

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022