FROM THE PRESIDENT

By Jerry Carmody

Dear Members:,

We had a good turnout for Law Day at the East County Law Library on May 3, 2004. We counseled approximately 56 persons in four hours and I believe that most of the people that we counseled were grateful to receive some direction for their particular problems. The legal process is often complex and expensive and the people that we counseled were grateful to receive our advice on how they should proceed. Again, I would like to thank the attorneys that participated in the Law Day Clinic, Dan Bacal, Peggy Dolan, Judy Marolt, Robert Wiggins, Tony Chicotel, Steve Elia, Freddy Garmo, Julias Jaboro, and Mark Turner.

In our continuing effort to provide quality MCLE Seminars to our members, the Board of Directors has reserved October 23, 2004 as the date for its annual “Hard To Get Credits” seminar. We are in the process of lining up our panel of speakers and welcome any suggestions that the members may have on the topics of Elimination of Bias, Legal Ethics, and Substance Abuse. If you have any suggestions on a speaker or a particular topic within the areas set forth above, please contact our Chairperson, Judy M. Marolt, Esq., at (619) 442-1857.

Please remember that the State Bar of California is holding its Spring Summit Leadership Forum on Friday through Sunday, June 4-6, 2004 at the Paradise Point Resort & Spa, San Diego, California. You will have

the opportunity to meet the ABA President-elect Robert Grey, Jr., the State Bar President, Anthony Capozzi, members of the Board of Governors, and participate in the many activities offered at the different meetings.

There will be panels that discuss strategies on how attorneys can become effective leaders in their communities, panels on how diversity awareness can assist an attorney in his or her practice, panels that discuss the

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FROM THE

COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

SUBSTITUTE SERVICE

OF PROCESS UPON

BUSINESS ENTITIES

As of January 2004, Code of Civil Procedure Section 415.20(a) has broadened the ability of civil and small claims litigants to provide effective substitution of service of process on business entities.

The code, as amended, allows for service of process at a business mailing address if the mailing address is a private post office box. Such service, however, is deemed effective only in the event that a physical business address is unknown.

Additionally, substitute service upon a business is ineffective when the business address is a United States Postal Service post office box.

The code section formerly allowed for substitution of service of process upon individuals at a private post office box. The code mandates that service must to be left with a person at least 18 years of age who shall be informed as to the contents of the summons and complaint.

FROM THE

EDITOR

by Catherine Tancredi

I recently moved into a new house that has lots of attic space. I closed my business storage unit and am going to use the attic for all of my closed client files. I went through each file box and noted which files were in which box in the event a client ever asked for the file. This prompted me to research the laws regarding our retention of client files after the cases are closed (or we retire).

We all know what the law is (the file belongs to the client, we must hold onto their property in what seems like perpetuity, protect it from harm and keep it confidential). We do not have the right to destroy the file absent some notice to the client (which would be impossible many years later!). I never kept any original client documents in my files. I always made a copy and gave the original back to the client. My files consist of pleadings, correspondence and my own notes/worksheets.

Some lawyers are putting a clause in their retainer agreements that states that if the client fails to retrieve the file from the lawyer within a reasonable time after closure (such as one year), the attorney can destroy it. Another group simply give the file to the client at the closure of every case, keeping a copy for themselves which would then be destroyed after the malpractice statute has passed.

Practicing family law and doing Qualified Domestic Relations Orders means that my malpractice exposure continues for many years down the road when the client retires and the QDRO goes into effect. So, I must keep the file. Plus, perhaps the client actually loses the file (say in a fire) or the court accidentally misfiles it and I will be the only way for them to reconstruct their legal history. Some may call it paranoia that has me continuing to store the files. I hated being unprepared whether it was in law school or in court and I would certainly never want to be unprepared in the event of a future lawsuit or request from a former client.

If I did not have tons of attic space to store these files, I would probably send notices to some of the clients and throw out the pleadings and irrelevant correspondence in the rest. If I were still in practice, I would consider including a clause in my retainer agreement that allows me to destroy the file after a reasonable period of time. I would keep those files that have any malpractice exposure many years down the road.

I hope that a reasonable solution is developed that is easy to administer and inexpensive.

FROM THE

PRESIDENT

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various leadership opportunities that are available with the American Bar Association, the State Bar Association, and the various national and state specialty bar associations, panels that discuss the leadership role and responsibilities of judges and strategies on the various ways to become a judge.

The Spring Summit Leadership Forum is in our own back yard and promises to be a great time to socialize and participate in the various forums with attorneys and

judges from throughout the state. For registration information you need to call the State Bar of California at (415) 538-2508. I look forward to seeing you at the Spring Summit Leadership Forum.

Regards,

Jerry L. Carmody, President

QUOTABLE QUOTES

by Randall "Rex" Erickson

A trial judge is not a mere moderator or a referee; but conversely, his duty is not to try the case but to hear it. He must control the conduct of the trial but he is not responsible for the proof. We have also said that litigants are entitled to a fair trial but the judge does not have to enjoy giving it. (Breunig v. American Family Insurance Company (1970) 45 Wis. 2d 536, 546.)

"He who dances must pay the fiddler." (Price v. Price 1966) 242 Cal.App.2d 705, 710.)

DISASTER RELIEF

COALITION

NOMINATED

FOR AWARD

Carl Poirot, Executive Director of the San Diego volunteer Lawyer Program, has nominated the Disaster Relief Coalition effort for the State Bar of California's 2004 President’s Pro Bono Service Award.

Thanks so much to everyone who contributed to this massive effort. And thanks to Carl for taking the time to recognize the coalition!

A NOTE OF THANKS

by Carolyn Dulude

The East County Branch of the San Diego County Public Law Library held another successful Law Day on May 3, 2004. The success is attributed to attorneys who volunteered to help the East County community with this much needed service. The 59 individuals who took advantage of the free legal clinic were truly grateful. Recognition is acknowledged to the following attorneys:

Jerry Carmody

Freddy Garmo 

Peggy Dolan 

Bob Wiggins 

Judy Marolt 

Steven Elia

Anthony Chicotel 

Mark Turner

Julius Jabora 

Dan Cohen 

Dan Bacal

Without your help and support this event would not have been possible. This has given us an opportunity to stand out in the public’s eye. Thank you for making that happen.

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!

SPRING SUMMIT

JUNE 5, 2004

IN SAN DIEGO

Leadership is the theme for the State Bar’s Spring Summit (formerly the midyear meeting), featuring speakers who will explore different paths to leadership, potential careers and the meaning of leadership. The summit also marks the inauguration of the Access & Fairness Leadership Academy, a program to provide leadership training to 12 California attorneys who were selected on the basis of their commitment to serve under represented communities.

The one-day conference at Paradise Point Resort and Spa in San Diego is scheduled for June 5. Speakers include Robert Grey Jr., president-elect of the American Bar Association, former California Supreme Court Justice Cruz Reynoso, California Court of Appeals Justice Laurie Zelon, Paul Igasaki, former vice chair of the U.S. Equal Employment Opportunity Commission, and Angela Blackwell, Stewart Kwoh and Manuel Pastor, co-authors of Searching for the Uncommon Common Ground.

Program and registration information is available at www.calbar.org/summit or by calling 415-538-2508. Preregistration deadline is May 28.

POSITIONS OPEN ON   JNE COMMISSION

Active members of the State Bar who are interested in volunteering to serve on the 2005 Commission on Judicial Nominees Evaluation (JNE Commission) may now apply for an appointment. The JNE Commission, established pursuant to Government Code §12011.5, evaluates all candidates who are under consideration for a judicial appointment by the governor. It is composed of attorneys and public members who represent a broad cross-section of California’s diverse legal profession and general population. Commissioners serve terms of approximately one year and may serve up to three consecutive terms.

The application form, as well as information on the commission, qualifications and time commitment, are available from the web site at www.calbar.ca.gov (select links to Attorney Resources/Committees and Commissions/ Other Entity Appointments) or from the Appointments Office, State Bar of California, 180 Howard St., San Francisco, CA 94105-1639; 415-538-2299.

The application deadline is July 15. The board of governors will make the appointments at its September meeting and terms begin Feb. 1.

The next meeting of the Estate Planning, Trust and Probate Section will be on Thursday, June 11, 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, June 8, 2004 from 11:50 a.m. 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 Alexandra Kwoka, CFLS, JD, LLM. The topic will be "Frequent Tax Mistakes Made by Divorcing Couples."

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.

June, 2004

1          AM     Charles Scott

            PM      Blaine Phipps

2          AM     Peter Singer

            PM      Joseph Sciarretta

3          AM     Conrad Walker

            PM      Dan Bacal

4          AM     Thomas Buchenau

            PM      Tom Castonguay

8          AM     Kenyon Young

            PM      Catherine Tancredi

9          AM     Timothy Cohelan

            PM      Ed Castro

10        AM     David Egan

            PM      Dave Demergian

11        AM     Joseph Fox

            PM      Miranda Franks

15        AM     Elliott Kanter

            PM      Larry Kincaid

16        AM     Wells Lyman

            PM      Leroy Knutson

17        AM     Garrison Klueck

            PM      Clare Maudsley

18        AM     Jon F. McKinley

            PM      Thomas Marshall

22        AM     James Mietzel

            PM      Catherine Tancredi

23        AM     Frank Puglia, Jr.

            PM      Blaine Phipps

24        AM     Charles Scott

            PM      Joseph Sciarretta

25        AM     Conrad Walker

            PM      Ron Oberndorfer

29        AM     Kenyon Young

            PM      Dan Bacal

30        AM     Peter Singer

            PM      Thomas Buchenau

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

June, 2004

6-2-04             Stanley Bacinett

                        Timothy McDermott

                        Russ Robinson

6-9-04             William Daley

                        Garrison Klueck

                        Thomas Marshall

6-16-04           Dark

6-23-04           Brian Cochran

                        Sandra Mayberry

                        Stephen Murphy

6-30-04           Larry Kincaid

                        Michael Love

                        Lori Viviano

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