FROM THE PRESIDENT

By Garrison Klueck

The most important item I have to discuss with you in early October will occur in early November. In fact, the first day of November-November 1. That is the date scheduled for the Foothills/East County Bar's Second Annual half-day-long "Hard to Get Credits" Seminar. It is important for all our members to make a special effort to attend the seminar. Such attendance will be good for the member and good for the Bar.

Attendance will be good for the member because we all need these credits. As you likely know, we California attorneys need to acquire at least 25 units of continuing education every three years--around 8 hours minimum each year. Up to approximately 3/4 of those required credits can be the kind of general credits the Bar awards, and our members receive, each month at our various sections and their "Brown Bag" one-hour seminars.

However, 6 of the 25 needed credits must cover very specific subject matter. Every three years we all must receive 4 MCLE credits involving legal ethics. Apparently, the State Bar takes legal ethics seriously as the requirement equates to about 1/6 of the total required. Additionally, every state license renewal period we must all receive

1 hour of MCLE concerning the detection/prevention of substance abuse and 1 hour of MCLE credit discussing the elimination of bias in the legal profession.

Last year our then President and Immediate Past President, Jack McCabe and Wells Lyman respectively, hit upon the idea to each year offer to our membership, and all Southern California Lawyers a "one-stop shopping" opportunity. That is, we will provide an opportunity to come to one seminar, on one morning and get 100% of the required anti-substance abuse credits and 100% of the elimination of bias credits that the attorney will need that compliance period. Additionally, the attendee lawyer will get an

con't on page 3

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

HOLIDAY

The San Diego Superior Court, East County Division will be closed, Monday, October 13, 2003 for Columbus Day.

CALIFORNIA

CONSUMER LAW

CONFERENCE

The California Consumer Affairs Association, in conjunction with the California Small Claims Court Advisors Association, will be holding its annual conference on October 22-24, 2003. “Tough Enforcement Tools 4 Tough Economic Times” will be held at The Coast Long Beach Hotel at 700 Queensway Drive in Long Beach. Consumer law attorneys and small claims legal advisors from throughout the state will be in attendance.

Among the numerous topics to be discussed, the conference will highlight current consumer law concerns regarding internet auction enforcement and new telemarketing regulations. Additionally, consumer issues regarding the marketing of false nutritional information will be discussed. State Senator Jackie Speier (D-San Francisco/San Mateo), will be the keynote speaker for the three-day conference. Senator Speier has worked on a variety of consumer issues, including the sponsoring of legislation to ban the dietary supplement ephedra.

Additional information regarding the conference is available at www.ccaa-net.org.

REMINDER FROM

THE COURT

Please be reminded that the court requests that no gifts be given any court personnel as it violates the Court Code of Ethics. Your cheerful attitude at the counter and cooperation in the courtroom is greatly appreciated and all the thanks that they need.

FBA MCLE SEMINAR

'HARD TO GET'

CREDITS

The Foothills Bar Association is pleased to present its second annual "Hard to Get MCLE Credits' Seminar on Saturday, November 1, 2003 from 9:00 a.m. to 12:00 noon at the El Cajon Community Center located at 195 E. Douglas Avenue, El Cajon (next to the Library).

The topics will be Elimination of Bias, Legal Ethics and Substance Abuse. The speakers will be Imam Alqazwini, The Honorable Judge Whitney and The Honorable Judge Buzzard. Please see the enclosed flyer for additional information.

The cost is $45.00 for members and $60.00 for non-members if paid before October 22, 2003 and $60.00 for members and $75.00 for non-members if paid on or after October 23, 2003 or at the door.

Please contact Garrison "Bud" Klueck at 619-448-6500 for more information and registration information.

FROM THE

PRESIDENT

con't from page 1

important ethics credit and satisfy 1/4 of that requirement. If the member/attorney attends all three "Hard-to-Get" seminars during his/her three year compliance period, they will get all the anti-substance abuse credits needed, all the anti-bias credits needed and almost all the ethics credits needed. Spend one fall morning with us once a year and you will be covered. The member/attorney only needs to get one hour more ethics from some other source every three years and the member/attorney has satisfied the requirements and has protected their "meal ticket"-their opportunity to practice.

Last year's seminar worked well enough for those who attended to get us to commit to making the "Hard to Get Credits" Seminar an annual event. Most attendees appeared to perceive that the content of last year's seminar was excellent. However, there were too few attendees given the quality of the speakers and of the program. This year we planned to get started with the organization of the event earlier and to promote it more aggressively. Our Program Chair, Judy Marolt, has designed a program that is worth your time and the Bar, like most non-profits, kind of always needs the money.

The speaker for our elimination of bias credit will discuss the hottest of hot topics concerning bias-bias against middle eastern/arabic peoples. Our speaker will be Imam Alqazwini. Since 9/11/01, arabs living in this country have been the victims of numerous attacks by the ill-informed and potential bias by all of us who are non-arab. Non-arabs who sort of look or act like arabs to the biased individual, Iranians, Sihks and others have also been victimized.

Possibly the worst case was an Indian Sihk who was shot to death because he was wearing a turban and the shooter understood that "those arab guys" wear those funny things on their heads. While arabs fear actual physical attacks, they also fear a more subtle kind of prejudice every time they interact with the legal system. There does not appear to be a more timely examination of prejudice in the legal system than how those, who happen to share a ethic origin and possible a religion with those who have attacked us, can be handled fairly when they seek their day in our court system.

The speaker regarding our legal ethics credit will be our own Judge Whitney. Judge Whitney narrowly won a seat on the Superior Court bench in November, 2002. He performed the very difficult, and usually next to impossible task, of unseating an incumbent sitting Superior Court Judge. However, this particular sitting Judge had, within the last prior year, pled guilty to misdemeanor spousal abuse. Given that he recently left the private practice of law, given that he has been a judge for about a year now, given the fact that he replaced a judge who had been convicted of a serious crime, it is likely that Judge Whitney's remarks will be very engaging.

What should we do, and what do we need to know, when we non-criminal lawyers get that call late at night from our client who has gotten stopped for DUI and we are the only lawyer they know. What happens if we, unfortunately, see the police flasher in our rear-view mirror and we have been drinking ourselves. Our substance-abuse-avoidance speaker will clear up these and many other questions. John Buzzard is an expert on DUI avoidance and rehabilitation. He is a resource for the criminal law attorney and non-criminal law attorney alike and hearing him will get you your required avoidance-of-substance-abuse credit.

Combined it is a strong lineup. If you were among the relatively few who attended last year,

con't on page 4

FROM THE

PRESIDENT

con't from page 3

please come back. Even if you have enough elimination of bias and avoidance of substance abuse credits, as you need one hour apiece, you still almost certainly need additional ethics credit, as we all need four. The larger group of you that did not come last year, please come this year. You no doubt need these credits and your bar needs your support. It is a "win-win" situation. Attorneys whose last names begin with the letters A through G are really under the gun as your compliance deadline is January (1/04) of next year-four months away.

We also hope to draw from beyond our immediate membership. Please let your colleagues know from other geographical areas and from others bars. We want all San Diego County attorneys to know that the Foothills/East County Bar will be doing this each year.

Every year, in the fall, our bar will "corner the market" and put on an extended "Hard-to-Get" MCLE credits seminar and thereby assist area attorneys to remain in State Bar compliance and keep their licenses. Each year the program will be interesting and informative and each year it will be affordable. (This year's prices range from $45 up to $75 depending on whether the attorney is a member and when the attorney signs up. The price structure is designed to encourage membership and to encourage enrolling early.)

Each year we want to produce a high-quality program for the Southern California legal community and each year we want to maximize the house for the sake of the Foothills/East County Bar's treasury. We are determined to do well by doing good each year.

Please, please be a part of it this year. For the sake of your knowledge, for the sake of your soul, for the sake of your Bar's bottom line and for the sake of your MCLE compliance and your "keeping your ticket," please come on the morning of Saturday, November 1. See you there.

MEMBER NEWS

Patrick F. O’Connor, in association with Kim Newbrough, recently received a $1.64 million settlement in the product liability case of Irgens v. T.G. Industries, et al. James Irgens, aged 32, while testing a cherrypicker type man lift for his lighting business was lowering the bucket when the nut came off the hydraulic cylinder rod allowing the bucket and bucket arm to fall past vertical, throwing him from a height of about 24 feet onto the asphalt below. He was knocked unconscious and suffered skull fractures with bilateral frontal hemorrhagic contusions and bifrontal subdural hematomas, as well as a fractured right hip, femur, and patella, plus neck and back injuries. Plaintiff was also a corporate pilot and because of the head injuries he will never fly again. Plaintiff was not wearing the required safety belt at the time of the accident. Of note, one of the defendants’ carriers refused to contribute $50 thousand to a proposed settlement offer by two manufacturing defendants because, though it was in the stream of commerce, it felt that it was “not at fault.” Carrier later paid $325 thousand to settle its part of the lawsuit.

QUOTABLE

QUOTES

by Rex Randall Erickson

Congress has not elected to protect against the personality conflicts endemic to any workplace. Congress did not intend to protect non-discriminatory hostility, even when it is directed against a member of a protected class. See Steiner v. Showboat Operating Co., 25 F.3d 1459, 1463 (9th Cir. 1994), cert. denied, U.S. , 115 S. Ct. 733 (1995) ("It is one thing to call a woman 'worthless,' and another to call her a 'worthless broad'"). (Keenan v. Allan, 889 F. Supp. 1320, 1374 (E.D. Wash 1995).)

"Judges should be more learned than witty." (Etzel v. Rosenbloom (1948) 83 Cal.App.2d 758, 765; but see People v. Melton (1988) 44 Cal. 3d 713, 753 ("Well-conceived judicial humor can be a welcome relief during a long, tense trial.")

The next meeting of the Civil Litigation Section will be on Tuesday, October 21, 2003, from 12:00 p.m. to 1:00 p.m. in Department 6 of the El Cajon Superior Court (second floor). Food is allowed and you are invited to bring your brown bag lunch.

The speaker will be Edward F. Kolker, Esq. of Kolker Mediation who will discuss strategies for successful mediations.

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 or Joseph.

The next meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, October 11, 2003, from 12:15 to 1:15 p.m. at the 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 TBA. Nancy Ewin will contact members in advance to advise of the speaker and topic.

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.

These Section meetings are free for all FBA members, and $10.00 for non-members. Applications for FBA membership will be available at the door.

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, October 14, 2003, from 12:00 p.m. to 1:15 p.m. in Department 6 of the El Cajon Superior Court (second floor). Food is allowed and you are invited to bring your brown bag lunch.

The speaker will be Leonard Diamond, Ph.D. who will discuss "Affordable Psychological Evaluations on Time."

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.

October, 2003

1        AM     David Egan

          PM     Miranda Franks

2        AM     Joseph Fox

          PM     Garrison Klueck

3        AM     Larry Kincaid

PMLeroy Knutson

7        AM     Elliott Kanter

          PM     Wells Lyman

8        AM     Thomas Marshall

          PM     Clare Maudsley

9        AM     Jon McKinley

          PM     James Mietzel

10      AM     Ron Oberndorfer

          PM     Frank Puglia

14      AM     Blaine Phipps

          PM     Charles Scott, Jr.

15      AM     Peter Singer

          PM     Joseph Sciarretta

16      AM     Conrad Walker

          PM     Kenyon Young

17      AM     Tom Buchenau

          PM     Dan Bacal

21      AM     Tom Castonguay

          PM     Catherine Tancredi

22      AM     Dave Demergian

          PM     Ed Castro

23      AM     David Egan

          PM     Miranda Franks

24      AM     Timothy Cohelan

          PM     Wells Lyman

28      AM     Joseph Fox

          PM     Larry Kincaid

29      AM     Elliott Kanter

          PM     Garrison Klueck

30      AM     Clare Maudsley

          PM     Leroy Knutson

31      AM     James Mietzel

          PM     Jon McKinley

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

October, 2002

10-1-03         Gordon Cruse

                     S. Michael Love

                     Frank Nageotte

10-15-03       Barton Noone

                     Gerald Mulder

                     Lisa Schwarte

10-22-03       Anthony Beccarelli

                     Charles Fougeron

                     Thomas Marshall

SECTIONS:

CIVIL LITIGATION

Joseph Fox 466-9091

Sam Parise (858) 674-6660

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

COMMITTEES:

ANNUAL DINNER

Virginia Johnson 441-4801

Wells Lyman 589-9984

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Bud Klueck 448-6500

GOLF TOURNAMENT

Dan Bacal 588-2064

LAW DAY

Jerry Carmody 667-9600

MCLE

Joselina Medrano 562-9999

MEMBERSHIP

Edward Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Wells Lyman 589-9984

WEBSITE

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022