We tore out three-quarters of our law library a few months ago. Rows and rows of once-precious hardbound case books and collections of treatises gave way to technology and the need for more office space.

The law library once represented the pride of a law office. Clients were regularly escorted through the halls and past these rows of books with remarks such as, “See, we are really smart and scholarly attorneys, look at all our books.”

Building a law library with the necessary collection of books was an expensive task. Either you had the books in your library, borrowed them from another practitioner or ran over to the Ventura County Law Library.

In the 1980’s, my firm came across an ad in the LA Daily Journal for the sale of the first series of the California Reports (the first volume being 1850-51) and first series California Appellate Reports. The Los Angeles attorney was closing up shop and going fishing. Back then these volumes were hard to come by and expensive. My legal skills were of such nominal value that the partners decided I should forget about billing for the afternoon and drive to Los Angeles to retrieve all of these volumes. So I headed to LA in my two-door 1975 Chevy Malibu.

The office of the soon to be retired LA attorney was right out of the Perry Mason days. His empty desk and marked-up desk pad showed that his career had come to an end. I transported load after load of books down the freight elevator until my Chevy Malibu was full. There was barely room to see out the back window. Upon my return to our Ventura office I was greeted like a returning hero as we unloaded the legal treasure and filled the shelves. These books were dusty leather-bound volumes. Now we find little need to open the covers.

There is something scholarly in turning the pages of these old volumes and having the books lay open all over your office. It’s just not the same clicking the screen and pulling up the case on the computer. I swear I can find what I need faster in looking at the bound volumes of Miller and Starr than searching the computer.

I cannot say I miss “shepardizing” cases the old way by looking at the collection of hardbound and soft-bound Shepard monthly and weekly updates.

Apparently you cannot sell or even give away many of these hard-bound legal books. I’m starting to see these law books pop up more frequently as background. They seem to be stuffed on shelves on many movies and television shows.

The electronic world has also affected law school libraries. Herb Cihak, Associate Dean of the Pepperdine Law School Library, tells me that the school’s law library is now divided approximately 50/50 between hard copy and electronic subscriptions. Apparently current students don’t like to use paper material and instead turn immediately to electronic works. Today more than 90 percent of the students have laptops during lectures. Dean Cihak noted that several professors were beginning to use live lecture response questions to assess student learning. Students answer multiple choice questions during lectures to gauge “if they are getting it.” So much for sleeping in the back row during the lecture on the rule against perpetuities.

There appears to be little chance of holding back the rushing tide. In July, 2010 Amazon. com announced that for the prior three months sales of books on its Kindle e-reader outnumbered sales of hardcover books. Some think that within the next decade fewer than 25 percent of books sold will be in print version.

As for me, I’ll stick with the stack of four or five half read books at my bedside. I swear I’ll get to them, right after this next Seinfeld re-run, which I’ve seen 25 times.

Another Law Day success

Our thanks to all the sponsors and runners who participated in the 28th Annual Law Day 5K on May 21. Around 300 runners and 500 people attended the event and helped raise money for our Volunteer Legal Services Program and the VCBA. First place went to world class distance runner Christian Hesch of Hollywood (formerly of Morro Bay) who came across the finish line at 14:31, followed closely by Isidore Herrera at 14:32. Top women honors went to Danielle Domenichel of Flagstaff, Arizona at 16:46, followed by past 5K champion Grace Padilla at 17:11.

Former VCBA President Matt Guasco (who had the prestigious honor of calling out the one mile split) reported that the lead runners came through the one mile mark at a blistering 4:37 pace.

Winners Hesch and Domenichel each took home $500 for their morning workout. Hesch even helped the race committee set up the registration table. We’ll welcome him back every year.

Ventura County Sheriff Geoff Dean was our official starter and Judge Dave Long again acted as our Master of Ceremonies. Captain Tim Hagel with Cops Running for Charity gave a nice donation to Big Brothers/Big Sisters during the awards ceremony. Judge Brian Back spoke on behalf of the Big Brothers/Big Sisters program. Our thanks to Lead Sponsor Lawyers Mutual and all our other Starting Line and Finish Line Sponsors as well as Race Patrons.

All sponsors and race times can be found at www.LawDay5K.com. Here are the 5K Race Committee members who did all the work: Cindi Adams, Steve Blum, John Cross, Alice Duran, Barb Gutierrez, Doug Kulper, Olivia Newton, Don Zrehigan, Joe Wells, Bret Anderson, Dave Redmond (Lead Bike) and Craig Bates – Telegenics (Official Race Photographer). We hope to see you at the race next year.

I love all things history. I’m likely to pull over to read any plaque posted on a building or rock (or tree, e.g. Old Sycamore Tree on Highway 126 and its reference to General Fremont).  This generates a collective groan from my wife and kids and the question of how long this adventure will take.  A lot of history was on display earlier this year when we visited my daughter Olivia at U.C. Davis. We decided to see the Gold Country and the state capitol building. This led us to Placerville, Coloma (Sutter’s Mill) and Auburn. The story of John Sutter and John Marshall provides a nice example of unexpected consequences and the fate of history.

Swiss immigrant John Sutter had big plans for a new colony called New Helvetia on the American River in California. For this he needed a fort. So Sutter hired carpenter James Marshall (a Jersey boy) in August of 1847 to build a sawmill in the foothills near present day Coloma. Marshall made good progress on the sawmill until one day, while inspecting the mill tailrace, he reached down and pulled up some gold nuggets from the American River (kind of like Uncle Jed finding some bubbling crude). Despite attempts at secrecy by Sutter and Marshall, this discovery lasted about four months. The world then descended on Sutter’s Mill. Sutter tried to charge an entry fee for those newcomers but that lasted a few minutes. With miners trampling over the land, Sutter and Marshall lost the sawmill, and Sutter’s dreams of a quiet west coast empire ended. The whole world showed up.

James Marshall started the gold rush but benefited very little from it. Miners followed him around like paparazzi hoping that he had mystic powers and could locate the next big gold find. Marshall found nothing. Eventually, the State of California awarded Sutter and Marshall monthly pensions as compensation. Marshall was awarded $200 a month in 1872. In 1874 Marshall’s pension was cut to $100 a month and then eliminated in 1876.

In Placerville, I walked into the local history museum and met the man who plays James Marshall as a docent at Sutter’s Mill. This allowed me to pump him for inside information on Sutter, Marshall, gold mining rights and the present location of any remaining gold. One of my first questions was what happened to Marshall’s pension. Well, as the story goes, Marshall was at the statehouse complaining to the legislature about the measly amount of his pension. When he stood up to leave a bottle of whiskey fell out of his pocket and smashed on the floor.

This was not well received by the legislators, who did not want their taxpayer money wasted on whiskey. So Marshall’s pension was reduced and then eliminated. Marshall ended up penniless and forced to live off of handouts, handyman jobs and the pennies he received for his signature. So the man that discovered gold in California lost the first real lottery.  Sutter fared little better. His high living and lifestyle did not help him. After selling much of his land and losing legal battles over mining rights and lost lands, he escaped to Pennsylvania, where he died in 1880.

For those interested, the odds of winning the California SuperLotto Plus Jackpot are 1 in 41 million. According to Frontline, even at 1 to 18 million odds, if one person purchases 50 Lotto tickets each week, they will win the jackpot about once every 5,000 years. Better odds can be found being dealt a royal flush on the opening hand in a poker game (1 in 649,739) or being hit by lighting (1 in 30,000).  Good luck.

Around the bar

I have been making the rounds of the bar’s 35 sections, committees and affiliates as the year progresses. Last month, among others, I attended the CITATIONS editorial board, the Barristers’ board and the Mexican American Bar Association (MABA). CITATIONS is always looking for timely and interesting articles (contact Wendy Lascher wlascher@fcoplaw.com).  The Barristers have plenty of events scheduled this year including the Bowling Night at Harley’s in Camarillo on July 19 (contact Barristers President Christina Stokholm (Christina@pachowicz.com) . Also, if you are interested in being involved in the new Barristers mentoring program please contact Rennee Dehesa (rdehesa@nchc.com).  MABA has some interesting programs and upcoming events and just completed a successful police chiefs’ reception (contact MABA President Rebeca Mendoza (rmendoza@ci.ventura.ca.us ). 

Finally, as required by VCBA bylaws, my short-form, medium-form and longform birth certificates are available to VCBA members in exchange for a sizeable contribution to the Volunteer Lawyer Services Program.

On May 21, we celebrate the 28th Anniversary of the Law Day 5K (www.lawday5k.com).  I’ve been there all 28 years as either a runner or race director. Here’s a little race history from my recollection and Steve Henderson’s historical research.  I came to Ventura in 1983 and remember Judge Fred Bysshe telling me about a “new” 5/10K race that was taking place that year. That was when I was in better shape and actually ran in the race. That year we had a big crowd of 150–200 runners and both a 5K and 10K race.

Genie Gable of Noon & Pratt Court Reporters conceived and organized the race that first year. Genie awarded large “revolving trophies.” The winner each year had their name engraved on the trophy and all trophies were returned and reused each year. A lot of runners like Rob Sawyer and Howard Asher took pride in winning back the trophy each year. We retired the trophies around 2000.

After the first year, Genie said the race was a lot of work and asked for help from the Ventura County Bar Association. Phil Moncharsh, Justice Steve Perren, Donna DePaola and I formed a committee in 1984 to help out.

In 1985, the race committee included Greg Totten, Phil Moncharsh, Donna DePaola, Robert Owens, Terry Ayala, Gigi Keller, Karen Kurta and Carol Shively. Later, Irene Abbey of Noon & Pratt (later Corpus Juris) became a key sponsor. Irene was a hard worker and valuable committee member and valuable committee member for many years. The Ventura County Legal Professionals Association and Ventura County Paralegal Association have provided race volunteers every year and have made a major contribution to the race.

For years, Greg Totten and I used to “chalk the course” the day before the race. Dave Cunningham, Doug Kulper and my daughters Olivia, Hannah and Marie performed this task for years as well. A police officer once pulled over and questioned me at length about marking up the sidewalks.  The race budget in 1988 was $1,319. That year, the race generated a profit of $168.18. We have done much better over the past ten years. Since 1998 the race has contributed more than $40,000 in proceeds to the VCBA’s Volunteer Legal Services Program. We hope to raise more in the future.

The most significant evolution the race has experienced is the corporate underwriting. In addition, in 1993 we added Race Patrons who paid $100 to have their names on the shirts and help increase revenue. Those original 11 are a who’s who in the Ventura legal community. Also, Lawyers’ Mutual, as the primary benefactor and lead race sponsor, generously donates $2,500 each year. Additionally, there are more than 30 other businesses and firms that provide either cash or in-kind services. We now have loads of raffle prizes and giveaways at the race. Take a look at our race flyer for all of the sponsors who make the race possible.

After 25 years, some things are predictable, but others occur simply as surprises and glitches. One year, despite the clear markings, five or so runners took a “big” wrong turn and ended up at the finish line ten minutes early. I was just thankful no one else was following them.

There have been freezing conditions, fog and rain. But usually we get those great sunny May mornings perfect for a run. We’ve had religious debates, too. For years the race was held on Saturday. In an effort to try to attract more runners, we moved to a Sunday in 1989. Several lawyers voiced their objections to a Sunday race. Several years ago we switched back to Saturday.

We’ve had pancake breakfasts and barbecues. We’ve had live bands (Old Country Trio Plus One) and a DJ (Big Ed). Yes, we have had some really fast runners. The 5K course record was set in 1987 by Jim Tripplett at a blistering time of 14:54 until Michael Chavez of Fullerton lowered it to 14:24 in 2010. Gary Tuttle and his wife Ruth have jumped in the race many years and usually push the pace.

Virtually all walks of life have participated in our event over the years. Judges, lawyers, police officers, legal secretaries, high school and college students, and the legal community. We promote countywide and now nationwide, but the vast majority of participants have a legal connection. It is still great to see entire families appear, run and have fun.   The race has always been a fun family event.

 Judges Back, Bysshe, Cloninger, Cody, Curtis, Kellegrew, Long, McGee, O’Neill, Reiser, Johnson, Lewis, and Hadden have crossed the finish line. Justices Stone, Perren, Yegan, and Judge Young have as well. I don’t really know if anyone has made all our races. I do know there are some automatics. Wendy Lascher, Bart Bleuel, Howard Asher, John Scoles, Joe O’Neill, Rob Sawyer, David Cunningham, Don Hurley, Mike O’Brien, David Praver, Joe Hadden, Dennis LaRochelle, Susan Siple, and Amy Albano.

Inside Track and Gary Tuttle, and Josh Spiker were with us for 25 years as the official timer and supporter of the race. In 2010 we switched to chip timing with SB Timing. Judge David Long has been acting as Master of Ceremonies for many years and has become a welcome race fixture in that role.  I would like to acknowledge the race committee members this year. They are: Cyndi Adams, Bret Anderson, Steve Blum, John Cross, Alice Duran, Barbara Gutierrez, Doug Kulper, Olivia Newton, Don Zrehigian, Joe Wells and Steve Henderson. Our lead cyclist is Dave Redmond. Our official race photographer is again Craig Bates of Telegenics. The starting official this year is Ventura County Sheriff Geoff Dean.

This year we will also feature and promote the many efforts of Cops Running for Charity (CRFC) and the Big Brothers Big Sisters of Ventura County at our event.  The 28th Annual Law Day 5K Race Walk is Saturday, May 21, beginning at 8:30 a.m. at the County Government Center. You can run or walk the 5K and join your kids for the one mile fun run which follows. This race has great raffle prizes, gifts and lots of good food. The very generous Ortiz family, owners of El Pescador Restaurants, will again be providing free breakfast burritos. Our race is considered by many to be one of the best in the County. We think it is the best in the County.

Registration materials are available at our website created and managed by Bret Anderson of our firm. The web address is www.lawday5k.com Our lead race sponsor is again Lawyers’ Mutual Insurance Company. You can see a list of all our sponsors on the race flyer, the website and our race day banners. We thank then all.

Registration flyers are also available in CITATIONS or by calling the bar office at 650-7599. Please come and join us for the 28th Annual Law Day 5K. See you at the starting line.

*Register NOW*

One look and you could tell Jesse Woodson was a troublemaker. Hot headed, a local gang  member and a bully. Jesse had set his sights on Pikesville’s newest resident, Angel Sterling, a new student from the cornfields of Nebraska. What followed was today’s modern day version of bullying – online networking intimidation. Plus the old style kind – physical threats. Angel tried to stay away from school and avoid Jesse. But one day after a return to school someone caught up with Angel in an alleyway with a brick to the back of the head. Or as the defense claimed, a flying brick fell from the building and hit Angel. But was Jesse responsible? No one saw who hit Angel and after a hospital recovery Angel’s memory may have been clouded. As to the cyber-bullying, many people had access to Jesse’s online account at the school. So was Jesse guilty or not?

These facts set the stage for the 2011 Ventura County Mock Trial Competition Feb. 28, March 1 and March 3, 2011 at the Ventura Superior Court. With 27 teams from 23 schools and over 450 high school students, the courthouse was a busy place from 5 to 11 p.m. each night. Courtrooms overflowed with students, teachers and parents as teams took turns representing the prosecution and the defense. This case included a complete but fast paced trial with pretrial motions, opening, direct and cross examination of four witnesses and closing. A complete trial in 90 minutes.

I found myself in Courtroom 45 as an attorney “scorer” along with fellow attorneys Adrienne Miller and Earl Schurmer, Commissioner Dino Inumerable presided over the courtroom as these high school students showed their stuff. Prepared, poised, direct – all the stuff that would make a trial judge happy – and only 17 years old. For those downbeat about America’s youth the Mock Trial presentation would reaffirm your faith. These students prepare for months (usually after school) for their roles as attorneys and witnesses. By the time they reach the courtroom they are finely tuned and know the facts and the case inside out.

The Mock Trial program is not so much a competition but a life changer for a high school student. Imagine being 17, cross-examining a witness in a courtroom, objecting, addressing a judge and then doing a closing argument. This process gives students confidence, improves their public speaking abilities and gives them a good understanding of our judicial system. Hey, if you can stand up and present an argument clearly to a judge in the courtroom while in high school, why can’t you accomplish anything else in college or later life?

The Constitutional Rights Foundation sponsors and provides the case material each year for this competition. Locally, Judge Kent Kellegrew organizes the program in Ventura County (he follows Judge Brian Back and Justice Steve Perren in this commitment). With letters to local attorneys Judge Kellegrew recruits a long list of attorney scorers and judges for each round of competition. This is a time commitment.
The trials begin around 6 p.m. and the second round ends around 10:30 p.m. A long day for judges after sitting on the bench and for attorneys after a day at the office or in court. But how rewarding.

Congratulations go out to La Reina for its first place finish and to its faculty advisor Liz Harlacher and attorney coaches Jean Wentz, Rick Wentz and Ron Bamieh. La Reina moved on to the California State Championship held on March 25-25, 2011 in Riverside. The VCBA website this month will provide a link with the names of all the attorneys and judges who participated this year. The list is long and impressive. Take a look. We also thank the Ventura County Trial Lawyers Association, which annually supports the Mock Trial Program. Each year, the VCTLA goes dark for February so members can be scorers at the event.

Having coached the Ventura High School Mock Trial team for a number of years in the 1980s, I know what a commitment it is to be a team “attorney coach.” But, like a teacher, you will form a bond with these students for the rest of their lives. Although we have a lot of “attorney coach” volunteers, there are still five or more high schools that are actively looking for volunteer “attorney coaches.” VCBA Board Member Joe O’Neill has helped spearhead efforts to fill these ranks with attorney coaches. Contact Joe at oxatty@earthlink.net or 988-6700 for more information or to volunteer as an “attorney coach” for 2012. Your help is needed.

I would also like to recognize all the “attorney coaches” for 2011. So here they are with our thanks: Adolfo Camarillo: George Hultman, Richard Diamond, Mike Morrow; Agoura: Kyle Marks, Steve Sutton; Buena: Denise Trerotola; Calabasas: Carol Chase, Hon. John Doyle; Channel Islands: Michelle Castillo, Gay Zide, Andres Garcia, Jessica Arciniega; Hueneme: Jack Schuler, Mike Warns; La Reina: Jean Wentz, Rick Wentz, Ron Bamieh; Newbury Park-Gold: Martin Zaehringer, Jonathan Light, Howard Wise; Newbury Park-Panthers: Chris Correa, Ann Kahng, Derryl Halpern, Ken Henjum; Oak Park: Ron Camhi; Oaks Christian: Marshall Waller, Tom Beach; Oxnard: Victor Salas, Jr., Gilbert Romero, Tom Dunlevy, Jaclyn Sheehan; Pacifica: Joseph O’Neill, Clifton Reed; Rio Mesa: Don Adams; Royal: Denise Houghton, Lisa Sale, Rose DeMattia; Santa Paula: Jennie Ruth, Diana Ponce-Gomez, Catherine Voelker; Santa Susana: Jeff Harkavy, Cindy Pandolfi, Jeff Wohlner, Andy Steiker; Simi Valley: Kathryn Pietrolungo, Jeff Halfen, F. Stephen Jones; St. Bonaventure: Guy Parvex; Thousand Oaks: Christina S. Stokholm; Trinity Pacific-Silver: Sarah Winkle; Trinity Pacific-Blue: Shannon Hirtensteiner; Villanova: Dave Shaneyfelt, Coleen Gillespie, Colleen McCall, Debby Jurgensen; Westlake: Julia Snyder.

“What does the bar do anyway?” I get this question from people a lot. Actually the answer takes about 30 minutes if you have time to listen or five minutes if you read this article. The Ventura County Bar Association is busy with 35 sections, committees and affiliates churning out programs, meetings and projects every month. Our 1,267 members benefit from more than 120 continuing legal education (CLE) events and 252 hours of programs offered through the VCBA every year. Last year the VCBA’s CLE programs served 2,060 different attorneys.

On Saturday, Feb. 6, more than 35 people, representing all of the VCBA’s sections and affiliates, attended our annual strategic planning session. To give you an idea of depth and scope of what is being offered and accomplished through your VCBA, here is a summary of the reports from that session.

Past President Kendall VanConas is continuing the technology innovations from last year. The new website launched in May 2010 has been updated to make it easier for members to access information they need, and to increase interest and participation in VCBA activities. Usage has been steady, with over 19,000 visits by 10,000 unique users who viewed over 450 different pages since the launch. Through the website, members can now sign up for e-mail updates and subscribe to CITATIONS electronically. The VCBA has a Facebook page which will be fully operational later this year. The website also has a blog. and blogging classes will be given throughout the year.  VanConas also reports that the Probate Section meets on the third Thursday of every month at the Wedgewood.

The Court Executive Officer of the Ventura County Superior Court, Michael Planet, gave an excellent presentation regarding the state of the courts in Ventura County. The report is too expansive for this article.  But a lot has been accomplished on a tight budget. The Bench-Bar Committee has been revitalized and is helping our attorneys address issues directly with the court and court staff.

Erik Feingold chairs the Business Litigation Section which meets the second Tuesday of the month at the Tower Club. Erik welcomes new members and any potential speakers.

Joel Mark, current VCBA Secretary-Treasurer, continues on the Business Litigation Section Board, JEC and Client Relations Committee and as a member of the fee arbitration panel. Joel is also a member of the State Bar Mandatory Fee Arbitration Committee, two-time Chair and current State Bar Presiding Arbitrator and Special Deputy Trial Counsel for disciplinary matters.

Jim Dawson reported for the Intellectual Property Section. The 40-member IP group meets the second Thursday of the month at the VCBA office or in Thousand Oaks.

Joe O’Neill encouraged everyone to sign up as a scorer for the mock trial competition on Feb. 28, March 1 and 3. Judge Kent Kellegrew has again written Bar members and requested they volunteer as scorers for the competition. See the CITATIONS packet for sign up forms or contact Mariela at 981-5953 or Art at 981-5967.

Rennee Dehasa is Chair of the Barristers’ Mentor program as noted in the February edition of CITATIONS. The VCBA is actively promoting the Mentor Program this year. Please contact Rennee at rdehesa@nchr.com  to sign up as a mentor.

Katie Pietrolungo, past president of Barristers and present Secretary of Inns of Court, is representing our county now as Vice-Chair of California Young Lawyers. 

Doug Goldwater, president of the Family Law Bar and past president of Barristers, is also the president of the Collaborative Family Law Professionals group. The Family Law Bar will be holding quarterly dinner meetings and courtroom brown bag lunches in the intervening months.

Michael Sment, a member of the CITATIONS editorial board, chairs the VCBA Bankruptcy Section, which provides lectures and assistance on bankruptcy issues.

Barristers president for 2011, Christina Stokholm, reported on the Barristers’ many projects. Dart Night was be Feb. 17 at the Bench Warmer. The bowling night on July 21 will now be a fundraiser for the Make A Wish Foundation. Other events include Judges’ Pizza Night and a future “Bridging the Gap”program.

This year, Bill Grewe leads the Ventura County Trial Lawyers Association. VCTLA holds nine dinner programs per year.  Speakers from throughout the state present at these events, held the fourth Tuesday of each month. Two annual programs are high notes: the Judges’ Night (at which Trial Judge of the Year and Portrait Judge awards are presented) and Trial Lawyer of the Year.  VCBA Board Member Susan McCarthy is acting VCTLA secretary.

Mike Wolfram is chair of the alternative dispute resolution section, which sponsors in conjunction with the Ventura Center for Dispute Settlement a program in May.  The ADR section is interested in joint CLE programs with other sections. Contact Mike to make that happen.

Jill Friedman recently moved back to Ventura from an active practice in Santa Barbara and is now President of Women Lawyers. Women Lawyers plans several events, including a wine tasting and a “So You Want to Become a Judge” program.

Bret Anderson, President of the East County Bar Association and the East County Chair of the CPA/Law Society, reports that the East County CPA/Law Society meets eight times a year at the Westlake Village Inn. The CPA/Law Society (west end) continues its regular meetings and scholarship program under the leadership of Doug Kulper.

Alyse Lazar, past president of Inns of Court, reported for current president David Lehr. The Inns of Court meets the second Thursday of each month for dinner and presentation. The Inns of Court holds ten presentations per year with 80 members (judges and lawyers) on ten teams.

Jami Knupp, President of the Ventura County Paralegal Association, reported that the group holds monthly dinner meetings the third week of the month with CLE programs at each dinner. The group’s CLE conference will be March 5 at the Courtyard by Marriott in Oxnard. The annual wine and beer tasting and silent auction will be May 19. The VCPA presented the Volunteer Legal Services Program with a $500 donation at the session.

VCBA Board member Michele Castillo continues on the Inns of Court, local JEC, Bench-Bar Committee and is a Mock Trial coach.

VCBA Board member Linda Ash continues to Chair the local Judicial Evaluation Committee and also serves on the Bench- Bar Committee.

Lou Vigorita reported for CITATIONS Editor-in-Chief Wendy Lascher.  CITATIONS continues to look for and welcome contributors, profiles and stories.

Alvan Arzu President of the Black Attorneys Association and a member of our Bench-Bar Committee, reported that the Black Attorneys Association meets every third Thursday for lunch at the Hill Street Café in Ventura.

Eileen Walker continues with our outstanding court tour program and as chair of the Library Committee.

Verna Kagan, our loyal VLSP Program Manager, noted that probono services are being provided through the Emeritus Attorneys program with fourteen emeritus attorneys. Monthly CLE programs for emeritus attorneys can be attended by all attorneys (provided you agree to take a case).

Don Hurley, our chair of the silent auction, is already looking for silent auction items for the Nov. 19 Annual Bar Dinner. Contact Don directly for donations or ideas. Don thanked Jon Light for his extraordinary efforts last year in organizing the VLSP fundraising program.

Matt Guasco, now a full time ADR provider with Judicate West, is Co-Chair with Michael Planet of VCBA Bench-Bar Committee. The Bench-Bar Committee meets every two to three months and serves as a liaison between the bench and the bar on issues of common interest. Committee and section leaders are encouraged to provide information, questions and feedback on issued involving the courts.  VCBA Board Member Lee Hess continues to also serve on the VLSP advisory board.

Rebeca Mendoza, President of the Mexican American Bar Association, reported on the association’s active calendar of events including a judicial recognition event, collaboration with the Women Lawyers Association, the Black Attorneys Association and the Asian American Bar Association. MABA meetings are the first Friday of each month at Ruby’s Café in Oxnard. The organization is planning a non-profit foundation to award scholarships ($4,000 was donated last year). The MABA annual scholarship dinner is in October.

Dien Le, our VCBA President Elect, reported on the Asian American Bar Association.  Our final report for the day regarding the VLSP came from former VCBA President and former VCTLA President David Shain. Our emeritus attorneys continue to provide greatly needed legal services and the VLSP welcomes volunteer attorneys on specific cases. Dave encouraged everyone to consider making an annual donation to the VLSP (“The Best Thing We Do”) and again especially thanked Jon Light for his fundraising leadership for the VLSP.   Many attending our planning session are involved in two or more VCBA organizations. I would encourage you to contact the section/affiliate president or check our VCBA website and CITATIONS for current or upcoming events. As you can see, we are accomplishing a lot in 2011.

My special thanks to VCBA’s secretary/treasurer Joel Mark for his thorough and excellent reporting skills from the session which greatly assisted me in completing this article.

 

We all have a mom. I think we all have a mentor (or two) as well. Usually your parents are your first mentors. Then a teacher, a coach or someone else who walks into your life. Once we enter the legal field the need for a mentor becomes even more important as we try to manage the minefield of practicing law. A great mentor can enhance and accelerate a career and alter a life.

We continue to gather mentors all our lives. I think I learn every day by talking and listening to both older and younger people on every subject under the sun.

In the legal field my first mentors were Mike Case, John orr and Dave Cunningham. I joined them as their first associate in 1983 when the State Bar decided I was licensed to practice but I knew major experience in the trenches was required. At that time Mike, John and Dave were all around 35 years old.  In my mind, they had 10 years of experience, which felt like a lifetime for me.

Dave Cunningham had a solid grasp on business matters and showed me how to think more critically and work hard. Dave and I ran a lot of miles together during lunch times and after work. Running is a great time to talk and learn from someone (provided you can talk and run at the same time). John Orr, as a 4th generation Ventura attorney, knew everyone in the community. He was good at understanding people and taught me to be practical in approaching problems. As our original managing partner As our original managing partner John was good at thinking ahead five to ten years and anticipating and addressing the  future. Mike Case taught me litigation, how to try a case and how to think outside of the box. Mike is a great problem solver: you go into his office with an insurmountable problem and walk out with a solution – a true test of a great lawyer.

I asked some of the members of our legal community about their mentors. Here is a sampling of some of their responses:

Matt Guasco: I had several key mentors in my life, but the one who stands out the most to me is a woman by the name of Mary Grove. She was a senior Deputy Public Defender in Marin County, California, where I first practiced law. She was the supervisor of the juvenile unit, and I did a tour of duty in juvenile delinquency (representing youths accused of crimes or other problems like truancy or drug use). Mary was incredibly well-respected, she had been practicing for many years, and she had an imposing and somewhat intimidating presence. But she was kind and took an interest in me at a time when I was in desperate need of guidance as a new lawyer. She saw something in me and nurtured it. She took it upon herself to teach me and helped me to see myself as a fine lawyer. Mary retired as a Superior Court Commissioner some years ago. I get a card from her now and then, usually from some far flung part of the world. I am the lawyer I am in part because of Mary Grove.

Tony Trembley: My mentor is Bill Hair, and I am very fortunate to still practice law with him after 27-plus years. Bill entrusted me with significant responsibility and client contact at an early stage in my career. He is extraordinarily gifted in his ability to not only “read the code,” but to look at issues from a 30,000 foot view and to create solutions for even the most intractable problems. [Author’s additional note: I still remember the advice Bill Hall gave to a courtroom full of young attorneys during a Barrister’s Brown Bag presentation in the 1980s. In working on legal issues Bill’s advice was “read the damn statute.” I still think about that advice many times when I pull out the statute, read it again and learn something new.]

Ted England: My mentor was Roy A. Gustafson, for whom I was hired to backstop as a litigation junior. Before I worked under him, Roy had been the Ventura County District Attorney, in the days when District Attorneys personally tried the high profile cases, rather than acting as administrators. He was a legendary trial attorney and had personally obtained the conviction of Elizabeth Duncan, the last woman executed in California. Roy was a notorious curmudgeon who would not hesitate to characterize a project you had worked on for several days as being garbage (or worse). In his public and private practice endeavors, he had run off multiple junior attorneys before I arrived. However, those who survived he trained into what for the next generation turned out to be the core of the Ventura County Bar. Roy’s insistence upon performance (and brutally frank assessments of inadequate efforts) for me was not much different than the football coaches and drill instructors I had previously encountered. With time, you found that he was like a crab; once the hard shell was pierced there was actually a soft interior. We worked together for about three years, following which he was appointed to, first, the Superior Court and then, the Court of Appeal. What Roy taught a number of attorneys was that honest performance assessments, instead of politely condescending to mediocrity, produced growth.

Judge Melinda Johnson: What I do have, from my earliest memory, were my father’s friends. They seemed quite old when I was five, but I’m sure they were all in their thirties. Many were military buddies from the Marines in WWII. All were journalists in Los Angeles, where my dad was the editor of a magazine called Fortnight, then religion editor of the Los Angeles Times and then Los Angeles bureau chief of Newsweek. I was the first child born to this group and – not surprisingly – was quite verbal and obnoxiously precocious. I think I both frightened and fascinated these guys. But they all treated me the same way – as if I were an intelligent, capable person who was destined to grow up to be President, or at least Senator. Not one of them ever assumed or implied my ambitions should be limited by my gender. They discussed politics with me, approved of my decision (at the age of 7) to become a lawyer, and, I think, made it possible for me to be comfortable in law school, where only 10 percent of the students were women, and in the practice of law, where the percentages were about the same, and, finally, on the bench, when I was the only “girl” in school. For my mentor I would select O.D. Keep, whom I knew as Dave Keep. He was the publisher of Fortnight. He taught me to play chess, because critical and strategic thinking would be important. He let me be at the magazine’s office as much as I wanted, helping with the layouts, or the typing, feeling accomplished. (Yes, I could type at 7 thanks to him). He let my dad take me on stories, which is how I met Richard Nixon at the age of 5 and was quoted in Time magazine as saying “he’s the kind dogs and little children don’t like.” I have as many insecurities as the next person, but thanks to Dave – and many others like him – I was confident in my own intelligence and never questioned that I could have any career I wanted.

One of the reasons for this article is to focus your attention on the VCBA Barristers’ Mentoring Program. Rennee Dehesa is the chair of the Barristers’ Mentoring Program. The Barristers are interested in pairing up young barristers with active attorneys (eight years or more of experience). Ideally, the mentor will meet the barrister for lunch, be available to answer questions and serve to help barristers move through the early years of their legal careers. If you are interested all you need to do is contact Rennee and she will provide you with the needed information and try to pair you up with a barrister.

Here is Rennee’s contact information: Rennee R. Dehesa, Nordman, Cormany, Hair & Compton, 1000 Town Center Drive, 6th Floor, Oxnard California, 93036. Fax:(805) 988-7724. Email: rdehesa@nchc.com.

Executive Director Steve Henderson tells me that the bar president’s first article should be about the president. So following his specific instructions, here is my first article as VCBA President for 2011.

Anyone who talks to me for five minutes usually finds out I’m from Iowa. These Iowa folks are everywhere. Steve’s famous father Harry Henderson actually grew up in Marshalltown, Iowa, about 80 miles as the Hawkeye flies from my home town of North English, Iowa, population 991. My wife says I often exaggerate by claiming the population is actually 1,000. North English is a nice Midwestern town with the usual complement of churches, small businesses, a golf course, a school and local folks who know you, your parents, grandparents and your ancestors going back to the 1500s.

My father, Joe, operated a John Deere dealership in town. My mom Kathy was the activity director at the nursing home. Along with my five brothers (Dan, Mike, Steve, Jim and Shawn) and sister Michele, I worked at the John Deere store doing all things imaginable. My 1975 graduating class in high school had 57 students, one of the larger classes at the time.

After a lot of running, I got the attention of the track coach at Notre Dame (at least for an interview). I attended Notre Dame and ran on the track and cross country team all four years. Those were the days of Joe Montana and Digger Phelps. True fact: I attended the “Rudy” game in 1975 as a freshman. Sports were in full swing at Notre Dame. My junior year Notre Dame won the national championship in football and went to the final four in basketball (Laimbeer, Tripucka, Woolridge, Branning, Flowers, Hanzlik, etc).  Through track at Notre Dame I was able to see a lot of America’s universities and attend many relays (Kansas Relays, Drake Relays, Ohio State Relays, Alabama, plus almost all of the Big Ten campuses). Our normal required mileage for cross country was 85 miles a week, which explains the current problems with my knees.

At Notre Dame, a law school advisor told me about this brand new law school on a hillside in Malibu, California called Pepperdine University. After four years of running in the snow of South Bend, I figured that sounded pretty good. So it was off to the Pacific Ocean and Malibu for three years. Some of my classmates or friends at Pepperdine in those days include present Ventura County locals Greg Totten, Paul Kurzeka and Glenn Campbell. There were only a few of us Pepperdine Law grads in the county then. When I attended a Pepperdine Law Alumni gathering hosted by Mark Hiepler not long ago, there were over 80 Pepperdine Law grads attending. So like Iowans, we are now everywhere.

During law school I heard of McGeorge Law School’s International Law Program. So after taking the bar, I headed off to Salzburg, Austria (Sound of Music-land and Mozart’s backyard) in the fall of 1982. That program included a two-three month internship with a barrister in London, England. My host was Peter Rowland, a tax specialist with an office right off Hyde Park. Peter had privileges at two Inns of Court and introduced me to the legal system in London. He referred to me, under the British term, as his “pupil.” One of his prior pupils had been a young barrister named Margaret Thatcher, who of course went on to become the Prime Minister of the U.K.

After roaming back to California with my bar license in hand I answered an ad in the L.A. Daily Journal for a Ventura firm. That ad led me to Case Orr & Cunningham and my first real employment in 1983. Mike Case, John Orr and Dave Cunningham had just started a new firm in the Hathaway building. They were all around 35 years old, so I figured they must really know what they were doing. My initial billing rate was $40/ hour. After a merger with Tom Ferguson and Bill Paterson (a comedian and writer masquerading as an attorney) in 1990 and eventual combination of the Bob and Ted England gang, we became the firm now known as Ferguson Case Orr Paterson.

My wife Julie and I met on a “blind date.” (This was the only way I could get a date.) We now have 3 daughters Olivia (freshman at UC Davis), Hannah (junior at Buena) and Marie (8th grade). So with three daughters and 10 years of college ahead, my retirement horizon is 145 years away (provided the UC system doesn’t increase tuition more than 80 percent each year).

For 27 years I have been involved in the Law Day 5K as a runner, volunteer and later Race Director. Through the help of our many volunteers, sponsors and attorneys, we have raised a lot of money for our Volunteer Lawyers Service Program. This year the race will be on May 21, 2011 (more on the race in later articles).

I’m very excited about being your president in 2011. We have over 1100 attorneys and 35 sections and affiliates in the VCBA, a solid board of directors and a good bar administration with Steve Henderson, Alice Duran, Alex Varela-Guerra and Celene Valenzuela.  Of course we are always looking to improve our bar. Please forward any compliments to me. (Any complaints can be directed to the VCBA Executive Director.)

‘Twas mid-2007
Around half-past eleven,
On a regular weekday for me.

I sat at my desk–
Which looked like a mess–
About three years I’d been at A-Z.

A trust I was drafting,
Clever language I was crafting,
And Bleuel came in with a grin.

“The Bar had a meeting,
And your name, it was repeating,
If you want to be prez, you’re in!”

Of course I was flattered,
And getting involved –sure it mattered,
But did I have the talent and time?

There were many before me,
Who all made it seem easy,
So I told Bleuel, “Sure, that would be fine!”

My first year–Sec/Treasurer–
Came with a healthy and full measure,
Of all that I did not know.

Lots of people to meet
And faces to greet,
I sure had a long way to go!

There was a whole lot to learn,
Yet there at each turn,
Was Henderson and his trusty team.

I learned numbers confuse him,
So instead I took wisdom,
From Alice, Alex, Celene & Verna

Then it was 2009,
Strauss says, “Next year at this time,
Will be your turn to take over for me!”

The decade’s end drew near,
And with a small sense of fear,
I knew my year was upon me.

I had some goals in mind,
Like technology–the information kind,
So the website I planned to re-do.

What’s wrong with nepotism?
My husband, I’ll get him,
He said, “Sure honey, I will help you!”

The site now is done,
And with pics and blogs it is fun,
To see all we have done this year!

VCBA.org,
That URL you can’t ignore,
So blog, and have good cheer!

With my board, we got crackin’,
‘Cuz there was no lacking,
Of meetings and agendas to map.

The months would fly by,
And I just couldn’t deny,
This year would be a snap!

My year, I was adoring,
And though I wouldn’t call it boring,
Excitement? Maybe I needed a nudge,

Then came an election,
And with it, the selection,
Of those who sought to be judge.

We have this committee,
Some call it “Jenny,”
But it’s really the JEC,

They rate all the names,
And never play games,
They have too much integrity.

Most times their views
Just do not make the news,
They work in relative quiet,

But this year was different,
This news–it was current,
And we stirred a bit of a riot!

“The Star’s on the phone,”
My secretary, she groaned.
“Put him through to voicemail!”

How does one talk to the press?
This could be a mess.
My first challenge–I could not fail!

So I called Linda Ash,
Who said, “We must dash,
To get all our points in order.”

So we worked many days,
And I’m no longer afraid,
To talk to any reporter!

Whew! Glad that is all done,
Now I’ll just have fun,
With all the regular stuff.

“My year’s back on track,
And I’ll never look back,”
I said, with a little huff.

Next thing I knew,
Another Citations is due!
My gosh, where does the time go?

Every day I run late,
I have such a full plate!
I never have time to slow.

“Are you up again early?”
My spouse–he isn’t surly–
But Ex Comm, it starts at 7:30.

“Yes, but coming home I will stop
And do a big grocery shop,
And then do laundry, ‘cuz it’s dirty.”

You see, life goes on daily,
And still I mainly,
Believe I’m a mother and wife.

I have daughters–Julia and Natalie–
And a big dog and a little kitty,
It’s truly a wonderful life!

But at times, hard to handle,
Only one end has my candle,
Such is a woman’s strife.

But I digress,
No more will I confess,
And just get back to my story.

This part isn’t funny,
It’s all about money,
And it gets a little gory.

2010 marked the time
We rubbed nickels and dimes,
And hoped they would turn into dollars.

Pro bono was hit hard.
“The program, we may discard!”
That’s what Henderson hollered.

So we all worked the phone,
And our fingers to the bone,
And I must give Light a hand.

VLSP is not gone,
It will carry on,
‘Cuz we raised about 50 grand!

So here I am in December,
And look back to remember
This year and all its revelations.

There’s a lot I’ve not said,
And it will stay in my head–
Not everything is for publication!

I now turn it over to Joe,
And I know he will show
You all what a good prez looks like.

My year, it was fun,
But now it is done,
So to you all, I bid Good Night!”

Over the course of my year as bar president, I have had the pleasure of attending many different bar events sponsored by various bar sections, affiliates or partners. The good thing about these functions is that many times alcohol is served. Please don’t misunderstand:  I would be just as pleased to attend these functions if they were dry events, but after a glass of wine, people tend to relax, the “masks” we wear every day sometimes come off, and the conversation veers away from purely professional and leans toward carefree and . . . well, sometimes bawdy.

It was during one of those conversations that I got the idea for this article, when another attorney and I were swapping stories about some of our less-than-stellar experiences: ignorant or ‘green’ mistakes, embarrassing court appearances, etc.  You know – and most definitely have – one or two of those yourself.  I decided to reach out to my friends, family and colleagues, and ask if they would be willing to share with me some self-deprecating humor, a memorable court experience, or one of their “green stories.” Several of you did, and for that, I thank you. Unfortunately, space doesn’t allow me to share every story submitted (or my own), but you can read more on the VCBA blog at www.vcba.org.
~
Wardrobe Malfunctions
One day I appeared in a busy courtroom in Simi: I think Judge Hadden was presiding.  I was standing at the podium arguing a demurrer and leaned over to get my file out of my brief case when the button on the back of my skirt blew out, and then the zipper started skirt blew out, and then the zipper started to quickly come down as well.  I almost had a coronary knowing there were a good 20 lawyers directly behind me and I was on the brink of indecent exposure. At that point, I had to drop the file and pin my arms against my sides to keep the skirt from falling down.  So, I argued the demurrer without moving and without my notes.  Judge Hadden then ruled and looked at me strangely as I took no notes on the ruling. Getting out of court was a major challenge, but I somehow managed to pick up my files and meander out without incident.  (Linda Ash, Assistant County Counsel)
~
The second time I sat pro tem for Judge Reiser, I noticed a robe hanging in the closet with great silver clasps on the outside. Thinking Judge Reiser had left the cool robe just for me, I put it on and took my seat on the bench.

It was a long session, and I called a recess to give the staff a break and to give some of the hotter heads in the court room a chance to cool down. As I stood up and turned my back on the court room, the bailiff hurried over to walk close behind me. He chuckled as we walked lock sync back to chambers, and he pointed out I had the robe on inside out, with the big block inside label prominently displayed outside for all to see. I turned the robe right side out–but those shiny snaps sure looked good for a while. (Loye Barton, Norman Dowler)
~
It wasn’t my first court appearance, but I did give closing argument with my pants split up the back, which I discovered when I got back to my hotel; I also gave a closing with red dots all over my shirt from a leaky pen. (Jon Light, Nordman Cormany Hair & Compton)
~
Did I Just Say That Out Loud?
When my boys were small, Ed and I decided to take them to a Dodgers game. As I had a Ninth Circuit appearance in Pasadena, we decided to stay in a hotel, let the boys watch me in court, and then go to the game.

Sometime on the trip (don’t recall if it was in the car or at dinner), one of my children sarcastically asked “So?” (as in “so what?”) in the way only a kid can do, in response to something either Ed or I told him. Both of us jumped on him about how disrespectful that was.

The next morning I argued what I thought was a fairly simple appeal from a Rule 12(b) (6) dismissal. One of the judges asked me a challenging question, and “So?” popped out of my mouth. I immediately apologized and carried on with the argument, but my children have never let me forget.  (Wendy Lascher, Lascher & Lascher)
~
My First Time
My first Nordman appearance was in 1985, a four year lawyer fresh out of Big Firm Los Angeles. My appearance was in front of Judge Willard, the stalwart of the probate bench for a million years. I was in a real estate dispute and a motion to compel was brought against my client. Because of some related probate issues, we somehow were in front of Judge Willard for this motion.

Not only was a Nordman senior partner there to watch, but so was the client. Over 70 matters were on the calendar, the courtroom was jammed with lawyers in every corner, including the jury box, and much to my dismay I was third on the calendar.

Judge Willard’s first words were, “It might have been more appropriate for Ms. Reese or Mr. Wojokowski to have made this appearance.” They were two stellar and well-known probate and estate lawyers at the firm. I sank a bit in my chair. I then wanted to crawl in a hole when Judge Willard sanctioned me $1200 for discovery abuse.

When I reported this to Janet Reese, she said, “Judge Willard has never sanctioned anybody for anything.” (Jon Light, Nordman Cormany Hair & Compton)
~
When I passed the bar, I was practicing law in Honolulu, Hawaii. I had my first court appearance within my first week after being sworn into the Hawaii bar. I really wanted to look like a seasoned trial attorney, so I prepared mightily for the appearance, even down to asking my supervising partner to give me a map of where I needed to go when I went to the courthouse.  When I arrived at my designated courtroom, I made sure that I looked like I knew what I was doing. I was cool, calm and collected. I confidently introduced myself to opposing counsel, told him I couldn’t agree with his position, and marched into the courtroom.

As soon as I walked into the courtroom, I saw a friendly face—my law school classmate, who was now the judge’s law clerk.  She saw me enter the courtroom, squealed with delight, and jumped up from her seat, screaming, “YOUR VERY FIRST COURT APPEARANCE! I’M SO EXCITED! I HAVE TO GET A PICTURE!” She pulled out a Polaroid camera, made me stand with my opposing counsel in front of the judge at his bench, snapped our picture, and posted it on the bulletin board behind her desk, where she had created a commemorative wall of the “newbies” in the courtroom. So much for looking like a veteran, right?  But, I still won the motion! (Karen Gabler, Nordman Cormany Hair & Compton)
~
I had barely landed in Sacramento in the fall of 1969 after a tour of duty in Vietnam when I landed a job with the Sacramento District Attorney’s Office. I went into the Navy straight out of law school, but as a line officer, not JAG, and had absolutely no experience.  I had not been with the office for more than two days when my supervisor handed me a file and told me the misdemeanor case was going to jury trial the next day and I should handle it. Witnesses were under subpoena and basic jury instructions had been pulled.  To that point I don’t think I had even seen a trial outside of Perry Mason shows.

I think the case involved a petty theft, but the underlying facts had to do with a Sacramento madam and her prostitutes, with two of the prostitutes getting out of line and somehow ending up the defendants in this prosecution.  I had the opportunity to talk to all of my witnesses before the trial, but by the time we picked a jury the only witness within shouting range was a police officer who took a report.

I put the cop on while I had an investigator go out and round up the other witnesses.  I was about 30 minutes into the examination when the judge looked down and said, “Isn’t this an awfully lot of hearsay?” The public defender said he didn’t object. I didn’t know it, but he had some hearsay he wanted to get out of the some hearsay he wanted to get out of the officer as well when it was his turn. With my dragging out the testimony of the officer and a tremendous amount of leeway by the judge tolerating my stalling, it wasn’t all that long before my witnesses showed up again—the madam herself and one of her prostitutes.  I guess they had some quick business to take care of.

What a circus that was!!! And of course, being very new and very raw, I had no idea how to handle it. To say that they led me around by the nose is probably putting it generously.  Later, after about 6 months in the office, I learned just how notorious these folks were, but I was naive at the time and I am sure the judge was having a very difficult time controlling her laughter.  I was so raw that I started by handing exhibits to the court reporter instead of the clerk for marking, with very shaky foundation by my hearsay witness. I learned in virtually two minutes about laying a foundation, and I thought I was rather cool in smoothly shifting from the reporter to the clerk when the reporter pointed in that direction.

After more hours of this insanity than I would like to think about, the PD (who was not a great deal more experienced than I was) and I rested and submitted the case to the jury with rather terse arguments. Mercifully, they were back in record time with a not guilty verdict. I was actually feeling a bit guilty about prosecuting these fine defendants by the end–but, you know, it was my first case and I had not yet learned about requesting a dismissal myself. While the defendants were prostitutes themselves, they were looking a heck of a lot better than my witnesses–almost saintly by comparison.

I thought I would be in for a rhubarb from my office when it was all over, but it turns out they were totally relieved that they had some stooge to foist the case onto at the last minute and were not about to criticize.

I had about 20 jury trials during my tenure with that office, many of them colorful, but none as memorable. (Bart Bleuel, Arnold Bleuel LaRochelle Mathews & Zirbel LLP)

11:58 p.m.

This is a perfectly respectable time to go to sleep, especially after the busy week I’ve had. 

I know it’s a Saturday night, and my 24-yearold self would have called the 44-year-old me an old lady for going to bed this early. But it’s basically midnight. We’ve had a great day and a fabulous night: a very early morning (given a high school cross country meet), a fun evening with dear friends, great food, and lots of laughs – always lots of laughs.  And a lot of wine this particular night. We have managed to convince our friends to stay the night, so I have no worries about anybody driving home. After the food, the wine, and the lack of sleep, I should be sound asleep. And yet, here I am, the only one awake.  

12:23 a.m. I now have a cup of decaffeinated tea and the cat to keep me company.  

I have to call my client first thing on Monday morning.  I’ve owed him a call since Thursday, but haven’t had a moment in the office free to check in with him.  Hope he doesn’t think that I have forgotten about him. 

He was appointed as temporary conservator for an elderly grandmother whose family couldn’t take care of her, and he chose me to be his attorney.  

She is severely demented. She has lost touch with all that was real to her: the day she was married; the moments that she gave birth to her children; days that the Tooth Fairy and Santa visited her when she was a little girl, and when they came back to visit her children; birthdays, anniversaries and decades of New Year’s Eves – to my thinking, everything that makes her the person she is – that she was.

She has a daughter who loves her, but cannot care for her. She has a son who cares for her, but does not seem to love her. She had a husband who loved her and cared for her, but he is now gone. She has grandchildren who love the idea of her, but are too busy to make time for her. 

Right now, she is in a nursing home, and has had more people come into her life in the last 90 days than she has had in the last two years.  The doctors who have diagnosed, treated, poked and prodded her, the nurses who help her to eat, bathe and keep her clean, and the social workers who alerted the county to the problem with her family.  She has a judge who appointed a conservator for her, her conservator, and me. My client and I have done our best in a few short weeks to try to figure out the life of this 83-year-old, and how we can start to manage it for her: background; family; medical conditions; general likes and dislikes.  

A million questions flood my mind. Did she lose her wedding ring years ago as her daughter claimed? Or did her eldest daughter take it from her and sell it, as her son claimed? If her children love her and care about her the way they each pronounce, why did they allow her to live in near squalor, with uneaten meals sitting in the fridge for weeks, medications not properly supervised, and the utilities almost turned off, especially when she has plenty of money?

Ah yes, the money.  How much money does she have exactly, and how much has it been depleted over the last year or so when her daughter started to “help take care of mom?” Was she competent when she signed that power of attorney a few years ago, and did she know how much actual power she was giving away? She only has about $1100 in social security coming in every month… if the house is in really bad shape and we can’t sell it right away, how is my client going handle her cash-flow needs?  We need to talk about Medi-Cal planning for her, but does it make sense to spend legal fees on planning for a person to go on welfare?  And estate planning – that will she signed earlier this year certainly can’t be valid, but how are we going to prove that?  And does it even matter, if we think she’s going to be impoverished anyway within the year?  The judge is never going to approve all this time I’m spending if she ends up not having any money. But what can we do now?  We’re too deep into it to stop.

Of course there’s the other money that her family says she has… and the estate of her sister in Minnesota who just died, and our conservatee is the only heir. That will help.  But that probate just opened, and what’s going on with it anyway? How long does it take to probate an estate in Minnesota? I need to call that attorney in Minneapolis.  Another call I’ll have to make on Monday.  

12:43 a.m. Seriously, Kendall.  It’s almost 1:00 in the morning, go to sleep.  I’m not going to be able to figure any of this stuff out now. At least it’s Saturday night and not Sunday, maybe I can sleep in late tomorrow.  Unless my stupid cat Jack wakes up early again.  

Oh her cat. Shoot, I forgot all about the cat.  Misty was in the house with her when Adult Protective Services went out to investigate  initially. In addition to getting the ball rolling to take care of the conservatee, APS also called Animal Control to take care of Misty. That’s another message on my desk from last week – the animal control officer calling to remind me that Misty is off quarantine next week, and should they put her out for adoption, or what? Yes, or what? In cat years, Misty has got to be as old as our conservatee, and not in much better shape. Adoption? Not likely. But the family doesn’t want her, and no neighbors were able to keep her either. My client and I talked about it, and his wife is allergic.  This is NOT a conversation I want to have with my husband, but what am I supposed to do? Send Misty off to a certain death?  

Do I have to make that decision now, too?  Not enough that I might have to some day help my client decide about the conservatee’s end-of-life, now I have to do it for the cat, too? They didn’t tell you any of this stuff in law school.

It’s officially now 1:00 in the morning.  I’m going to go back to bed now and lie in the dark. It’s pathetic being the only one up at this time of the morning. And a little creepy, too. I didn’t know my house made all these noises in the middle of the night.  Jack doesn’t seem bothered, so I guess I’m not either.  

OK, so first thing Monday morning: call and check in with my client to let him know I’ve gotten all his e-mails and I’m on top of it; call the animal shelter; call the Minnesota probate attorney; and… darn it, there’s one more thing on that case that I need to do… what was it? Oh, that’s right, call the court investigator to see where the report is. Our final hearing is the end of the week and we need that report. I hope the investigator is on board with our plans.  

But before I make those calls, I’ve got to finish the draft of that trust amendment for my clients that I promised them a week ago.  They knew for four months when they were leaving on vacation, why did they wait until two weeks beforehand to call me? And why did I promise I’d get it done for them before they left? I need to stop doing that. 

All right, I have my to-do list in place, at least that makes me feel better.  And I have a day at home tomorrow to catch up on my laundry, grocery shopping and chores, and maybe take a little family time before throwing myself into work again on Monday morning.  I’ll do all that tomorrow when I wake up. But first, I have to go to sleep.