REFLECTIONS ON

EAST COUNTY

LAWYERING

by Catherine Tancredi

As 2005 comes to a close, I invite members to record their memories of practicing law in San Diego East County and submit them to me for inclusion in this Newsletter. We are very fortunate to work with the lawyers, Judges and court personnel here in the East County and I can think of no where else I’d rather practice. I am sure that we all have funny and sad memories of our years practicing law and I’d like to share them with others. If you have memories you would like to share, please send them to me at cathyesq@adnc.com.

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

Small Claims Jurisdictional

Limit Increased

Effective January 1, 2006, the jurisdictional limit for small claims actions will increase from $5,000 to $7,500. Code of Civil Procedure Section 116.221 will provide for the increase for individuals pursuing small claims actions. The law’s applicability to sole proprietorships has been contentiously debated, and remains in dispute.

Additionally, the new law will require all pro temporary judges to take a course of study sponsored by the courts pertaining to ethics and substantive law. The course must be taken prior to serving in small claims court and every three years thereafter. The mandated course of study shall include state and federal law, including the federal Fair Debt Collection Practices Act and the federal Truth in Lending Act. The code allows for assistance with the educational requirements from the Department of Consumer Affairs contingent upon the agency’s financial ability to provide such assistance.

COURT HOLIDAYS

The San Diego Superior Court, East County Division will be closed for the Christmas Holiday on Monday, December 26th, on Monday, January 2, 2006 for the New Years Holiday and on Monday January 16, 2006 for Dr. Martin Luther King Day.

REMINDER FROM

THE COURT

Please be reminded that the court requests that no gifts be given to 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.

22nd ANNUAL

JUDGE'S RECEPTION

The 22nd Annual East County Lawyer's Club Judge's Reception will be held on Thursday, December 15, 2005 from 5:15 p.m. to 7:15 p.m. at the Ronald Reagan Community Center (formerly the El Cajon Community Center located at 195 East Douglas Avenue in El Cajon. This popular event, which features holiday music, hor d'oeuvres and champagne, provides a unique opportunity to meet with judges and colleagues in a pleasant, informal setting. All members of the bench and bar are invited to attend.

RETIREMENT PARTY FOR

BRANCH LIBRARIAN

CAROLYN DULUDE

The San Diego County Public Library is hosting a party to celebrate the retirement of Branch Librarian Carolyn Dulude on Friday, December 16, 2005 at the East County Branch Law Library (in the courthouse at the ground floor) from 1:00 p.m. to 4:00 p.m. Please join in honoring Carolyn for her many hears of service and assistance. Please see the enclosed flyer for additional information.

FOOTHILLS BAR ASSOCIATION

ANNUAL GENERAL MEETING

The General Meeting of the FBA will be held on Tuesday, December 13, 2005 from 12:00 noon to 1:15 p.m. in the Jury Lounge of the El Cajon Superior Court. If you are interested in serving on the 2006 Board of Directors, please contact Joseph Fox at 858-527-0111. In addition to voting on the 2006 Board of Directors, the Family Law Judicial Officers will be providing holiday treats and refreshments. This meeting will be held in conjunction with the Family Law Section December Meeting.

FOOTHILLS BAR ASSOCIATION

ANNUAL DINNER

The FBA Annual Dinner and Installation of the 2006 Officers and Board of Directors is tentatively scheduled for Friday, January 27, 2006 at the Singing Hills Country Club from 6:00 p.m. to 10:30 p.m. The evening will commence with a No-Host Cocktail Bar and dinner will be served as presentations are made by Board members and Judicial Officers. Entertainment will be provided by Sean Carter, a noted humorist.

HAPPY HOLIDAYS!

UPDATE YOUR INFORMATION

FOR THE 2006 FBA DIRECTORY

To ensure that we have your correct information including address, telephone and fax number and e-mail address for the 2006 FBA Attorney Directory, please call Rita at 588-1936 with any updates. This directory is valuable for giving and receiving referrals to attorneys of the FBA. Be sure your information is accurate!

QUOTABLE QUOTES

by Randall "Rex" Erickson

From the Not-So-Subtle Hint Department:

Perhaps Justice Kaus was right in his conviction that "large parts of the Education Code are not meant to be understood." (People ex rel. Riles v. Windsor University (1977) 71 Cal.App.3d 326, 334, fn. 1 (conc. & dis. opn.).)

Entry into the Education Code is painful. (Haase v. San Diego Community College District (1980) 113 Cal. App.3d 913, 917.)

We decline [the] invitation to complexify further the Education Code. (Vassallo v. Lowrey (1986) 178 Cal.App.3d 1210.)

Bah-Humbug

McKeon v. Santa Claus of Cal., Inc. (1964) 230 Cal.App.2d 359

END OF YEAR CHECKLIST

By Catherine Tancredi

The end of 2005 is almost here and office parties, meetings and receptions are filling up everyone’s calendars. This is an updated version of my annual article which discusses some items that should be routinely done at the end of each year as part of successful law office management.

1. Clients: review your open client list and close out dead files. Send a closing letter to each client and file a Notice of Withdrawal of Attorney if necessary. Review your current filing system and make sure that files are organized in a manner that makes items easy to locate and retrieve. Now is a good time clean out the files by recycling duplicate pleadings and unconformed copies. Store old closed files in less expensive storage boxes and facilities. Once this is done, there will be room for files for the new clients the new year will bring.

2. Forms: review and modify as needed or create new form letters or other standard forms. Review and modify as needed or create resource files of professionals, experts and legal information.

3. Billing: catch up on the billing and decide on whether to raise fees. Review Retainer Agreements as necessary. Review billing files and close out all those who have paid in full. Move these old closed files out of office file cabinets as well. Review all accounts receivable to determine which to send to collection or fee arbitration.

4. Bookkeeping: close out the year and review all bookkeeping information such as accounts receivable and accounts payable. Catch up on all filing to make sure that all business bills have been filed. Audit and/or reconcile general and Client Trust Accounts.

5. Tax Deductions: take advantage of last minute tax deductions by buying new office equipment, furniture, supplies or letterhead. Ensure that all law association memberships have been renewed. Donate old items to charity for a write-off.

6. Computer: analyze all programs and ensure that they are up to date. Analyze all hardware and ensure that it is up to speed to handle the programs and that the current systems configuration will deliver the most capacity affordable. Network if possible. Get connected faster to the internet at the office. Install a reliable back up system and power surge protectors on computers and copiers.

7. Staffing: create or edit a master telephone list of all employees. create or revise personnel manuals. Create a 2006 Holiday office schedule. Consider giving a nice bonus to those employees who help us throughout the year.

8. Volunteer Work: review all involvement with volunteer work either as volunteer counsel or as a member of a Board of Directors.

9. Books and Magazines: clean out bookcases and recycle or store old books and magazines.

9. Vacations: the holidays are the perfect excuse to take a much needed rest. Schedule adequate time to not only close out the year but to rest and relax before the new year. Make sure a back up person is available and clients are notified in writing of the vacation schedule (with the December, 2005 billing statement perhaps). Schedule one or two long vacations next year. Also either take frequent short vacations throughout the year or small four day weekends every other month.

A well organized and efficient office can essentially run itself. This decreases our overall stress, raises our 'qualify of life' and allows us more time to not only take care of clients, but to spend time with those that count the most, i.e., our families and loved ones. It is easier than it looks. Happy holidays!

The Estate Planning Section meetings are held on the second Thursday of every month from 12:15 to 1:15, at the Law Offices 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. Topics covered are those relative the fields of estate planning and administration as well as Elder Law issues. If you have not given us your email address and/or fax number, please call 619-698-1788 and add your information to the list. We send out the current topic in advance of the meeting to those for whom we have the information. Bring your lunch, enjoy the meeting, and earn one hour of MCLE.

The meetings are free to members of the Foothills Bar Association. The cost is $10.00 for those who are not members of the Foothills Bar. Applications for membership are available on the website and at the meeting.

The meetings are structured to provide MCLE credit and have been approved by the State Bar of California to provide one hour, general. The Foothills Bar Association 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.

The section chairs are Nancy Ewin, Jocelyn Medrano and Miranda Franks. If you have any suggestions, speakers or topics for upcoming meetings, please contact one of the chair persons.

The December, 2005 meeting is scheduled for Tuesday, December, 13, 2005 from 11:45 a.m. to 1:15 p.m. The Family Law Judges will speak regarding changes in their departments for 2006. Heather Dugdale will speak regarding Teen Court. Refreshments and holiday treats will be provided by the Family Law Judicial Officers. Please see the enclosed flyer for additional information. The January, 2006 meeting will be held Tuesday, January 24, 2006 from 11:45 a.m. to 1:15 p.m. in the Jury Lounge. The speaker and topic will be announced at a later date. Look for a flyer in the Family Law Departments. If you have any suggestions for meetings, please contact Ed or Judi.

These meetings will be held in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your lunch. The meetings are 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.

SMALL CLAIMS COURT

Please be prepared to take the bench at 8:15 a.m.

December, 2005

1          Garrison Klueck

2          James Mietzel

6          Kristine Nesthus

7          Ron Oberndorfer

8          Barry Pasternack

9          Charles Scott

13        Kenyon Young

14        Dan Bacal

15        Thomas Buchenau

16        Catherine Tancredi

20        Thomas Castonguay

21        Ed Castro

22        Timothy Cohelan

23        David Demergian

27        COURTROOM DARK

28        David Egan

29        Blaine Phipps

30        COURTROOM DARK

January, 2006

4          Charles Scott

5          Kenyon Young

6          Catherine Tancredi

10        Anthony Chicotel

11        Dan Bacal

12        Thomas Buchenau

13        Thomas Castonguay

17        Ed Castro

18        Timothy Cohelan

19        David Demergian

20        David Egan

24        Miranda Franks

25        Elliott Kanter

26        Garrison Klueck

27        Larry Kincaid

31        Wells Lyman

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5 by 8:30 a.m.

December, 2005

12-7-05           Michael Bruno

                        Julia Garwood

                        Sheryl Graf

                        Barton Noone

12-14-05         Brian Burkett

                        Elizabeth Kreitzer

                        Judy Marolt

                        Thomas Marshall

12-21-05         Sharon Asaro

                        Linda Hope Clarke

                        Matthew Kremer

                        John McCabe

12-28-05         DARK?

January, 2006

(names available at press time)

1-4-06             Gary Glauser 

                        Larry Kincaid 

                        Russ Robinson

1-11-06           Mike Has-Ellison

                        Patrick McCrary

1-18-06           Sheryl Graf

                        Dan Larkin

1-25-06           J.R. Givens

                        Kindra Willey

2005 SECTIONS:

CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Sam Parise

CRIMINAL LAW

Chair: Daniel Cohen 697-0333

Member: Andrea Schneider

ESTATE PLANNING

Chair: Nancy Ewin 698-1788

Members: Miranda Franks, Joselina Medrano

FAMILY LAW

Chair: Edward Torrence 698-6059

Members: Judith Klein, Bud Klueck

2005 COMMITTEES:

ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Jerry Carmody, Edward Torrence, Wells Lyman

COMMUNITY SERVICE

Chair: Joselina Medrano 562-9999

COURT LIAISON

Chair: Joseph Fox (858) 527-0111

Member: Miranda Franks

GOLF TOURNAMENT

Chair: Dan Bacal 588-2064

LAW DAY

Chair: Jerry L. Carmody 667-9600

HARD-TO-GET CREDITS

SEMINAR

Chair: Judy Marolt 442-1857

Members: Judith Klein, Joselina Medrano

MCLE

Chair: Daniel Cohen 697-0333

Member: Joselina Medrano

MEMBERSHIP

Chair: Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Chair: Judith Klein 698-1882

Member: Jerry L. Carmody

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022