All About Writs, with the California Appellate Law Group – October 8th

All About Writs, with the California Appellate Law Group

Friday, October 8, 2021
12:00-1:30 p.m.
Via Zoom

Please join the Family Law Section on Friday, October 8, 2021, for a presentation by three distinguished specialists, Robert Roth, Charles Kagay, and Susan Horst about family law writ petitions. Writs can be confusing and mysterious and can set the stage for dramatic reversals in litigation. We are excited that the California Appellate Project is joining us to shed some light on this power pre-trial procedural option.

Robert A. Roth has over 30 years’ experience as an appellate practitioner and more than 25 published appellate opinions that bear his name, and is widely regarded as one of the leading family law appellate specialists in California. He has won twice in the California Supreme Court, and represented the successful respondent in In re Marriage of Ostler and Smith (1990) 223 Cal.App.3d 33, which established the method California courts use to calculate division of bonus income. Mr. Roth was one of the first attorneys in California certified as an appellate specialist by the State Bar, and he has remained a certified appellate specialist for more than two decades. Mr. Roth frequently gives CLE presentations on appellate issues, and writes articles on matters related to appellate practice and family law. He also has extensive experience as an appellate mediator.

Charles Kagay has decades of appellate experience in both California and federal courts.  He frequently handles appeals involving complex or novel legal questions, and his cases have addressed first-impression questions of civil procedure and statutory interpretation, including issues related to antitrust law, administrative law, physician credentialing, and anti-SLAPP (Strategic Lawsuit Against Public Participation) motions.  He also handles trial court actions of an appellate nature, such as petitions for writs of administrative mandamus and bankruptcy appeals. Mr. Kagay has been certified as California appellate specialist by the Board of Legal Specialization of the State Bar of California for the past 14 years. 

Susan Horst is a specialist in writs of mandamus and prohibition in the California appellate courts. For more than 31 years, Ms. Horst served as the writ attorney for the California Court of Appeal for the First District, Division One, in San Francisco. Ms. Horst is one of the only practicing attorneys in California to have devoted virtually her entire career to appellate writs. As writ attorney in the First District, Susan evaluated thousands of pre- and post- trial writ petitions in all types of civil and criminal matters. In the process, she learned precisely what the justices on the Court of Appeal look for before taking the extraordinary step of granting writ relief — and what an opposing party needs to highlight to have the best shot at getting a petition denied. Ms. Horst’s three decades at the Court of Appeal gave her both extensive writing experience and a wide-ranging knowledge of substantive law. 

One hour of MCLE Credit will be provided for attendance. Please log in on the SMCBA website to print out your MCLE certificate after the event.

Cost: $30 for Family Law Section members and $40 for non-section members.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Negotiation tactics and tips for Executive Employment Agreements & Severance Agreements – September 23rd

Negotiation tactics and tips for Executive Employment Agreements & Severance Agreements

Thursday, September 23, 2021
12:00-1:30 p.m.
Via Zoom

This presentation will focus on the important clauses to be aware of and negotiate for in Silicon Valley entrepreneur and executive employment and severance agreements. The presentation will also include a discussion of equity agreements, management carveout agreements and change in control agreements and factors to consider when things go bad and litigating for the entrepreneur or executive is required.

The speaker, Jotham Stein is the principal of the Law Offices of Jotham S. Stein P.C. Mr. Stein has more than two decades of experience representing entrepreneurs and C-Suite executives running myriad types of companies as well as less senior employees of all size companies. Mr. Stein has negotiated numerous employment agreements, separation agreements, M & A agreements, change in control agreements, stock option agreements, restricted stock agreements, management carve out agreements, non-compete agreements, and much more. For more information about Mr. Stein visit www.jotham.com

You will receive one hour of General Law MCLE credit for attending this event.

Cost: $20 for Labor & Employment Section members and $30 for non-section members.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee. If you are sending a check, make sure to note what event you are paying for and the name of the attendee. 

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Join our Board of Directors

The SMCBA Nominating Committee will soon be recommending a slate of nominees for the position of Secretary to serve for the calendar year 2022.We are seeking nominations for two new members of the Board of Directors to serve 1 one-year term to serve for the calendar year 2022 and 1 three-year term beginning in 2022 and ending in December 2024.

The Nominating Committee met in July and made recommendations to the Board for 2022. However, the Secretary position and two new board seats were created because the Governor elevated two current board members to the bench.

If you would like to be considered by the Nominating Committee, please submit a written application (in the form of a letter) addressing the following questions:

  1. Why are you interested in serving on the SMCBA board?
  2. Do you have any previous board service, leadership, or volunteer experience?
  3. Are you presently serving on other boards?
  4. How will the SMCBA benefit from your participation?
  5. What do you expect the SMCBA to do for you so that your experience on the Board turns out to be satisfying?
  6. What kind of time commitment will you be able to make to the SMCBA?
  7. Are you willing to serve on committees and task forces?
  8. Can we expect you to come to board meetings regularly?

Board members are expected to attend monthly board meetings (online for now).  The Board meetings are held on the third Wednesday of each month at noon. Board members should also be able to invest approximately 5 hours per month of volunteer time in planning and support activities. 

To be considered for a nomination to the SMCBA Board of Directors, all applications must be received at the Bar Association office, whether by email or regular mail, NO LATER THAN 5:00 p.m., Friday, September 17, 2021. LATE APPLICATIONS WILL NOT BE ACCEPTED.

Send applications to:

Laura Mazza, Nominating Committee Chair
San Mateo County Bar Association
333 Bradford St., Suite 150
Redwood City, CA 94063
Email: SMCountyBar@smcba.org
(Please mail or email only, do not drop off in person)

The San Mateo County Bar Association thanks you in advance for your participation!

When is Enough, Enough? Judicial Trustee Removal and Trolan v. Trolan (As seen in California Trusts & Estates Quarterly) – September 16th

When is Enough, Enough? Judicial Trustee Removal and Trolan v. Trolan (As seen in California Trusts & Estates Quarterly)
Thursday, September 16, 2021
12:00-1:15 p.m.
Via Zoom

In 2019, the Court of Appeal published an opinion regarding the probate court’s sua sponte removal of co-trustees.  Trolan v. Trolan, along with prior case law, provides important insight into the issue of trustee removal. Hoge Fenton attorneys Denise Chambliss and Ariel Siner will provide analysis and insight into the issue of trustee removal with recommendations for Dos and Don’ts in either petitioning to have a trustee removed or defending a trustee removal action.

You will receive one hour of General Law MCLE Credit for attending this event. MCLE certificates will be made accessible to attendees in the week following the event.

Cost: $20 for Estate Planning & Probate Section members and $30 for non-members.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Contact Info for this Event: For questions about this event, please email smcba@gryphonevents.com or fax (510) 588-4543.

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Mitigating California Legal Malpractice Exposure in a Post Covid-19 World – August 26th

Mitigating California Legal Malpractice Exposure in a Post Covid-19 World
Thursday, August 26, 2021
12:00-1:15 p.m.
Via Zoom

Our speakers, Jason E. Fellner, Esq. a California Certified Legal Malpractice Attorney and Shareholder of Murphy, Pearson, Bradley & Feeney along with colleague Kevin Cardona, Esq.  will discuss and provide practical steps to avoid legal malpractice exposure and address new ethical issues that have surfaced for lawyers in a post-Covid-19 world.

You will receive 1 hour of Legal Ethics MCLE credit for attending this event.

Cost: $20 for Labor & Employment members and $30 for non-section members.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Prison Profiteering: How a Multi-Billion-Dollar Industry Drives Mass Incarceration – July 29th

Prison Profiteering: How a Multi-Billion-Dollar Industry Drives Mass Incarceration

Thursday, July 29, 2021
12:00 PM, PST
Live webinar

The San Mateo County Bar Association’s Race & Social Justice Committee invites you to attend a webinar  on Prison Profiteering: How a multi-billion-dollar industry drives mass incarceration, with Sivani Babu.

Prison profiteers have made fortunes on mass incarceration, and, in doing so, have become an important factor driving the incarceration of adults and children in the U.S. In this presentation, Sivani Babu brings context to the conversation about the prison-industrial complex by drawing on existing research as well as her experiences as an assistant federal public defender in South Texas. From for-profit facilities to telecom and healthcare services, she sheds light on the impact of decades of privatization in our prison system and what we can do to effect change.

Sivani Babu is an award-winning conservation and exploration journalist and the co-founder and co-CEO of Hidden Compass — a women-led, exploration-focused media company. She is also a former assistant federal public defender for the Southern District of Texas. Working in one of the busiest districts in the nation, she represented defendants charged with a wide variety of federal felonies, from immigration to financial fraud and drug trafficking offenses. Part of that representation often included working to secure basic healthcare for clients held in for-profit facilities.

Cost of Attendance: FREE for SMCBA members and $20 for non-SMCBA members.

MCLE Credit: This event qualifies for 1-Hour of General Law MCLE Credit. 

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

SMCBA Law Day 2021 Virtual Presentation – April 30

SMCBA Law Day 2021 Virtual Presentation

Friday, April 30, 2021
12:00 pm– 1:00 pm

Law Day is a national day set aside to celebrate the rule of law.  Law Day underscores how law and the legal process contribute to the freedoms that all Americans share.  Law Day also provides an opportunity to recognize the role of courts in this democracy and the importance of jury service to maintaining the integrity of the courts.

Presentation of Mock Trial Awards
The high school students and teacher-advisors who participated in this year’s Mock Trial Competition will be honored guests.  

San Mateo County Trial Lawyers Association Scholarship Program Presentation
Each year, the San Mateo County Trial Lawyers Association presents scholarship awards to three high school seniors who wish to pursue a career in the law or criminal justice careers at this event. This year, the program will award $7,500 to the top three candidates. The San Mateo County Trial Lawyers Association is a non-profit organization dedicated to the advancement of justice, preservation of the jury system, and the protection of the rights of the consumers and injury victims

This year, we would like for everyone to attend this popular event at no cost and offer our members the opportunity to “Sponsor a Team” and receive the following:

$200 Gold Sponsor will receive the Golden Package – 1 full-page ad in the Here-Say and Care Package which will include an SMCBA Tote, Journal, Pen, Hand Sanitizer, and Mask.

$150 Silver Sponsor will receive the Silver Package – ½ page ad in the Here-Say and Care Package which will include an SMCBA Journal, Pen, Hand Sanitizer, and Mask.

$100 Bronze Sponsor will receive the Bronze Package – Business Card size ad in the Here-Say and Care Package which will include SMCBA Pen, Hand Sanitizer, and Mask.

All proceeds will go to support the Mock Trial Competition Program.

Contributions to the SMCBA are not deductible as charitable contributions, but may be deductible under other sections of the Internal Revenue Code.

The Pruno Project: Exonerated Prisoners Webinar – April 29

THE PRUNO PROJECT: EXONERATED PRISONERS WEBINAR
Thursday, April 29, 2021
12:00-1:00 p.m.
Via Zoom

The San Mateo County Bar Association’s Race & Social Justice Committee and the Private Defender Program invite you to attend The Pruno Project: Exonerated Prisoners webinar. The Pruno Fund is a non-profit dedicated to helping exonerees transition from prison to life on the outside. The thousands of men and women who have been exonerated of their wrongful convictions have a lot to teach us about perseverance, patience, and hope. Join us and listen to two amazing men, Zavion Johnson and Obie Anthony, who will share their unbelievable life experiences!

Obie Anthony was sentenced to life without parole for a murder he did not commit when he was 19 years old. California incarcerated him for 17 years. Upon exoneration, Obie dedicated himself to supporting other exonerees to meet their basic needs after release. Obie was instrumental in the passage of California Assembly Bill No. 672 (nicknamed and cited as “Obie’s Law”). The bill requires the California Department of Corrections and Rehabilitation to assist exonerees with transitional services, including housing assistance, job training, and mental health services. In 2016, Obie founded Exonerated Nation, and is committed to transforming the experiences of exonerees after release and building a community that can provide safety, stability, and healing to wrongfully convicted Californians.

Zavion Johnson is an exoneree who served half his life falsely accused after being imprisoned at the age of 19. Losing his trial, Zavion was convicted of the false charges, sentenced to double life and sent off to serve his sentence at the most deadly maximum security level IV facilities. Being an innocent man, Zavion fought tirelessly to regain his freedom by filing numerous court documents and wrote to many organizations he felt could help him gain his freedom. Since his exoneration in late 2017, Zavion has spent time adjusting to life outside and educating California state legislators, attorneys, college students, and law school student to ensure that no one else suffers the injustice he endured. Zavion sits on the advisory board of Exonerated Nation, a nonprofit organization which helps exonerees like him with after care and re-entry services.

This event qualifies for 1 hour of Elimination of Bias MCLE credit. 

This event is co-sponsored by the Alameda County Bar Association and the California Lawyers Association.

Cost of Attendance: FREE for SMCBA members and $15 for non-SMCBA members. MCLE Credit is available for an additional $15.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 200, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Message from Executive Director

Dear San Mateo County Bar Association members,

Effective immediately, the San Mateo County Bar Association (SMCBA) is cancelling all non-essential meetings. Committee Chairs will be provided with virtual meeting platform software to conduct meetings on behalf of the Association. Section Chairs will also be provided with software and should use their discretion when planning meetings. Please stay tuned for more information regarding Law Day (May 1st) and Judges’ Night (June 4th).

The Lawyer Referral Service (LRS) Program will not accept walk-in clients this month. If you are part of the LRS panel, we will continue to make referrals online and over the phone. We urge our members to meet with the LRS referrals by phone only until further notice.

Likewise, walk-in members are encouraged to do business by phone (650-298-4030), email (membership@smcba.org) or by fax (650-368-3892).

Thank you for your patience and for helping us keep SMCBA a healthy and safe place for all.

Deborah Kemper
Executive Director

Status Conference Volunteers Needed

Calling all Family Law Attorneys:

Department 15 urgently needs status conference volunteers.

Volunteering at the Status Conferences is a great way to give back and learn or refresh your skills.

This is a great opportunity to feel a real sense of accomplishment as you help pro per litigants with their disclosures, answer their family law questions, help them resolve disputes and reach settlement, and assist them with their judgment packages.  If this is your first time volunteering, Judge Franchi or other volunteers will be there to assist you.

Also, if you are planning on being at Court for a Status Conference in another Department, they will try to get you in towards the beginning of their calendars if you inform their Clerks that you are scheduled to volunteer in Department 15.

Snacks will be provided.

Please click on this link to sign-up.