MCLE Classes & Events

Events

2015 Presiding Judge’s Luncheon

The Presiding Judge will share with members of the Bar his thoughts and expectations for the administration of justice in Sonoma County for the coming year.

Hon. Kenneth Gnoss

Hon. Nancy Case Shaffer

Hon. Jamie Thistlethwaite

Hon. Virginia Marcoida

Hon. Bradford DeMeo

Date: Tuesday January 20, 2015

Time: 11:30 am Check In; 12:00—1:30 pm Lunch & Presentation

Presenter(s):
Hon. Kenneth Gnoss, Presiding Judge, Sonoma County Superior Court
Hon. Nancy Case Shaffer, Supervising Judge, Civil, Sonoma County Superior Court
Hon. Jamie Thistlethwaite, Supervising Judge, Criminal, Sonoma County Superior Court
Hon. Virginia Marcoida, Presiding Judge, Juvenile Court, Sonoma County Superior Court
Hon. Bradford DeMeo, Supervising Judge, Sonoma County Superior Court

Place: Fountaingrove Inn , 101 Fountaingrove Parkway, Santa Rosa, CA 95403

Cost: $70 SCBA Members; $90 Non-Members

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

Click Here to Register
Click Here to Download the Registration Flyer

General Law

Handling Divorce Tax Issues

Choosing filing status: Joint? Separate? Single?
Date of separation and tax implications
Gain/loss from sale of residence
1041 transfers
Child support: including 6 month rule and 24 month rule
Spousal support: including recapture dangers
Dividing carryover losses
Tax pitfalls

Hal D. Bartholomew
Partner
Bartholomew & Wasznicky LLP

Mr. Bartholomew’s areas of practice include child support, custody and visitation, and divorce. In addition to membership in the California Bar, he is admitted to practice before the United States Supreme Court, the United States Tax Court, and the United States Court of Claims. Mr. Bartholomew is a frequent instructor for the continuing education of Certified Public Accountants, has taught courses on divorce and divorce mediation at the Sacramento campus of National University, and lectures for the California Continuing Education of the Bar. He is a Fellow of the American of Matrimonial Lawyers (president of the Northern California chapter, 2010), as well as the International Academy of Matrimonial Lawyers, co-founder of the Sacramento Collaborative Practice Group and the founding president of Collaborative Practice California

Beverly Brautigam, CPA
Personal Financial Specialist
Brautigam & Co.

Ms. Brautigam is a Court-appointed Expert, a Court-appointed Special Master, and a Qualified Expert in several northern California Counties. She holds degrees in Accounting and Taxation as well as the designation of Personal Financial Specialist (accredited by the American Institute of CPAs) and has her Series 7 and Series 66 licenses. Ms. Brautigam has taught in the Masters of Taxation Program at Golden Gate University and teaches many continuing education courses for the California CPA Society, including ones she co-authored, Tax Aspects of Marital Dissolutions, Advanced Tax Problems of Marital Dissolutions and Tax Consequences of Divorce. She has also authored Tax Consequences of Marriage, Separation and Divorce, an AICPA self-study course, and Marital Dissolutions in California found in Prentice-Hall’s loose-leaf service, Divorce Taxation.

Date: Thursday, March 26, 2015

Time: Check-In: 3:30 pm ; Presentation: 4:00 – 6:00 pm

Presenter(s):
Hal D. Bartholomew, Partner, Bartholomew & Wasznicky LLP
Beverly Brautigam, CPA, Personal Financial Specialist, Brautigam & Co.

Place: Glaser Center, 547 Mendocino Avenue, Santa Rosa, CA 95401

Cost: $75–SCBA Members; $85–Public

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Events

2015 St. Pat’s Mixer Honoring SCBA’s Past Presidents

General Law

Anatomy of a DUI

Last year there were more than 1,500 driving under the influence prosecutions in Sonoma County. Nevertheless, most attorneys remain uninformed of the nuanced approach necessary to competently defend even a “garden variety” DUI. This seminar will give an introduction to the science, law and procedure behind the prosecution and defense of a DUI, and will answer questions like:
    What are the common (and not-so-common) defenses to a DUI?
    What are the collateral consequences of a DUI conviction?
    How do I deal with the DMV?
    How do I advise a client with regard to taking a chemical test?
    What can I expect in court?
    How do I defend a multiple offender or felony DUI client?

Izaak Schwaiger
Adams • Fietz

Mr. Schwaiger was the lead prosecutor for the Sonoma County District Attorney’s federally funded DUI unit during its first year in operation. He has prosecuted and defended hundreds upon hundreds of DUIs, and has successfully tried numerous DUIs before Sonoma County juries. He is an experienced criminal defense trial attorney and an associate attorney at Adams Fietz, a Santa Rosa law firm dedicated to excellence in personal injury and criminal defense.

Date: Monday, March 9, 2015

Time: Check-In: 11:45 am; Presentation: 12:00 – 1:00 pm

Presenter(s): Izaak Schwaiger, Adams • Fietz

Place: SCBA, 37 Old Courthouse Sq., Ste. 100, Santa Rosa, CA 95404

Cost: $50–SCBA Members; $60–Public

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

Click Here to Register
Click Here to Download the Registration Flyer

General Law

Mock Trials: The Best and Most Underutilized Trial Preparation Tool

Mock trials are essential tools to evaluate chances of prevailing, test themes, expose weaknesses, develop juror profiles, and practice your case presentation. From the presenters’ experience and perspective, no case should go to trial without one. They will provide instruction on how to organize and conduct one on your own, and also using professional outfits such as Focused Decisions. Learn when to do it, how to do it, why to do it, what you learn, work product that is developed, and how to work your case up with a mock trial in mind.

Patrick W. Emery
Shareholder
Abbey, Weitzenberg, Warren & Emery

Mr. Emery has been a trial lawyer in Sonoma County for over 35 years. His efforts have resulted in his recognition as a Super Lawyer of Northern California and his inclusion in Best Lawyers in America. In addition, he is one of only six practicing attorneys in Sonoma County elected to the prestigious American College of Trial Lawyers. He is also an elected member of the American Board of Trial Advocates.

His trial experience extends to personal injury and wrongful death cases arising from many types of accidents, product failures and medical negligence events. He is also experienced in major consumer class actions. Mr. Emery has won a number of Sonoma County’s highest verdicts and settlements, several of which have been achieved against major national corporations.

During the last 20 years, in addition to his focus on the representation of plaintiffs, he has continued to represent selected individuals and businesses in large case commercial litigation, most often involving issues of agricultural production and financing.

Mr. Emery has been an active member of the legal community, serving as President of the Sonoma County Bar Association and as a member of the Sangster Chapter of the American Inns of Court. He has presided over cases as a judge pro tem of the Sonoma County Superior Court and has acted as an agreed arbitrator and mediator in many matters. He is a frequent continuing education lecturer on civil litigation subjects for a variety of organizations, including California Continuing Education of the Bar. He has taught Trial Practice at Empire College of Law for many years and teaches in the Trial Advocacy Workshop at Stanford Law School.

Steven C. Mitchell
Shareholder
Geary, Shea, O’Donnell, Grattan & Mitchell

Mr. Mitchell has a diverse litigation practice emphasizing business and real property disputes, public entity defense, employment law, and personal injury. Mr. Mitchell has extensive trial experience in both Federal and State courts, is a member of the American Board of Trial Advocates, and recognized for the past 5 years as a Super Lawyer of Northern California.

He has handled numerous high profile cases on behalf of a wide variety of clients, including international high-tech, wireless communication and pharmaceutical companies, local businesses, and numerous public entities in Sonoma, Mendocino, Marin and Napa counties.

Mr. Mitchell graduated from Stanford University with a degree in Economics, prior to obtaining his JD from the UCLA School of Law. He is a past President of the Sonoma County Bar Association, and has served in executive Board positions for the Association of Defense Trial Attorneys and the Association of Defense Counsel of Northern California.

Andrew Walker
Director
Institute for Administrative Justice

Mr. Walker is the Director of the Institute for Administrative Justice (IAJ). His duties as Director include overseeing the management of all IAJ’s programs. He also supervises, conducts hearings, and assists in the training for hearing officers for IAJ’s administrative hearing officer contracts. As a hearing officer, he has conducted administrative hearings on issues such as nuisance abatement, lien confirmation, vicious animal, mental health, licensing and bid-protesting, among others. Mr. Walker was instrumental in the creation of Focused Decisions in 2012. Focused Decisions provides Northern California attorneys with a comprehensive mock jury experience, litigation support, and jury consulting. Mr. Walker has worked with both plaintiff and defense attorneys, assisted with jury selection, and supervised and facilitated mock trials in throughout Northern California. He graduated from the University of the Pacific, McGeorge School of Law and was admitted to the State Bar of California in 2004.

Date: Thursday, March 5, 2015

Time: Check-In: 3:45 pm; Presentation : 4:00 – 5:30 pm

Presenter(s):
Patrick Emery, Partner, Abbey, Weitzenberg, Warren & Emery
Steven Mitchell, Partner, Geary, Shea, O’Donnell, Grattan & Mitchell
Andrew Walker, Director, Focused Decisions

Place: SCBA, 37 Old Courthouse Sq., Ste. 100, Santa Rosa, CA 95404

Cost: $60–SCBA Members; $70–Public

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

Click Here to Register
Click Here to Download the Registration Flyer

General Law

Testamentary Intent: What Were They Thinking

When it comes to estate administration, or worse, estate litigation, the law requires that we focus on the intent of the decedent as expressed in his or her estate plan documents. Occasionally, there is unintended ambiguity. (For example, the estate plan focus may have been on reducing taxes, but results in loss of control for the beneficiaries. Or, protective provisions are drafted with the unintended result of exclusion of certain beneficiaries, or overly
restrictive provisions affecting their enjoyment.) If the documents contain ambiguities, how shall we approach our analysis to find meaning? What standards exist? What is required for interpretation or construction? And how does this all work when there are indicia of undue influence? How do we address unintended consequences?

The panel will discuss and provide practical tips and examples from the
judicial, estate planning, and litigation perspectives.

Hon. Bradford DeMeo

Albert G. Handelman

Ronald P. Wargo II

Date: Wednesday, March 4, 2015

Time: Check-In: 11:45 am; Presentation : 12:00 – 2:00 pm

Presenter(s):
Honorable Bradford DeMeo, Judge, Sonoma County Superior Court
Albert G. Handelman, Of Counsel, Spaulding McCullough & Tansil
Ronald P. Wargo II, Partner, Friedemann Goldberg

Place: SCBA, 37 Old Courthouse Sq., Ste. 100, Santa Rosa, CA 95404

Cost: $70–SCBA Members; $80–Public

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

Click Here to Register
Click Here to Download the Registration Flyer

Competence Issues

Substance Abuse in the Legal Profession: Prevention, Detection, and Treatment

This program will provide a review of the brain chemistry of addiction and alcoholism, as well as discus the behavioral and health consequences of the disease. Insights will be offered into the personality traits of attorneys and the qualities of the legal profession that combine to make lawyers significantly more susceptible to addiction, and more difficult to treat, than the general populations. This program will address both systemic and individual solutions to the problem, with references to specific strategies and resources available to attorneys.

David Mann
Northern California Consultant
The Other Bar

Mr. Mann is a graduate of Ohio State University and Stanford Law School. He served as a Deputy Public Defender in San Francisco before becoming a solo criminal defense practitioner. After 12 years of practice, substance abuse-related issues caused him to resign from the bar with disciplinary charges pending. Following a relentless battle with addiction which included numerous hospitalizations and periods of living on the streets, he succeeded in getting clean and sober in 1998. Since then he has worked, among other things, as a cab driver, a private investigator, a paralegal, and a drug and alcohol rehabilitation counselor. He presently serves as the Northern California Consultant to The Other Bar, a statewide organization of recovering attorneys, judges, and law students. In this capacity, he spends his time providing outreach and education to the legal community, and assisting attorneys as they struggle with substance abuse and related challenges that threaten their ability and/or eligibility to practice law.

Date: Friday, March 27, 2015

Time: Check-In: 11:45 am; Presentation: 12:00 – 1:30 pm

Presenter(s): David Mann, Northern California Consultant, The Other Bar

Place: SCBA, 37 Old Courthouse Sq., Ste. 100, Santa Rosa, CA 95404

Cost: $60–SCBA Members; $70–Public

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

Click Here to Register
Click Here to Download the Registration Flyer

General Law

Getting it Admitted Into Evidence

Learn or refresh your skills about getting percipient testimony,
including non-expert opinions, and documents admitted into evidence.

Hon. Gary Nadler

Hon. Gary Nadler
Superior Court Judge
Superior Court of California, County of Sonoma

Currently assigned to the civil division of the Superior Court of Sonoma County, Judge Nadler served as its presiding judge from 2009 to 2011. Since his appointment to the bench in 2002, he has been a key member of several Judicial Council committees and task forces. Judge Nadler has served on the Civil Law Education Committee for the Center for Judiciary Education and Research since 2005. He teaches extensively in continuing education for California judges and is a faculty member for the Bernard E. Witkin Judicial College. Judge Nadler is also a long-standing adjunct professor at the University of San Francisco School of Law, from which he received his law degree, and a co-author of the California Discovery Handbook and action guides relating to civil discovery for the Continuing Education of the Bar.

David Berry
Shareholder
Abbey, Weitzenberg, Warren & Emery, P.C.

David Berry is a trial lawyer whose practice focuses primarily on resolving business, real estate, and construction defect disputes. He has won many real property trials and earned numerous distinctions, including being selected as one of Northern California’s Rising Stars in the legal community, an honor only a handful of lawyers receive. He is the chair of the Real Property Section of the Sonoma County Bar Association and was president and a long-term board member of Legal Aid of Sonoma County.

Date: Thursday, March 12, 2015

Time: Check-In: 3:30 pm; Presentation: 4:00 – 5:30 pm

Presenter(s):
Hon. Gary Nadler, Superior Court Judge, Superior Court of California, County of Sonoma
David Berry, Shareholder, Abbey, Weitzenberg, Warren & Emery, P.C.

Place: Glaser Center, 547 Mendocino Avenue, Santa Rosa, CA 95401

Cost: $70–SCBA Members; $80–Public

Click Here to Register
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General Law

Nuts & Bolts of Family Law Business Valuation

3 basic valuation methods
Definition of “Goodwill”
Pereira and Van Camp
Information needed
Quality of Information
Date of valuation
Discovery
Issue spotting: other things you must know (or find out)

Cynthia V. Craig, CPA/ABV/CFF

Ms. Craig is a Certified Public Accountant (CPA) working primarily in the area of family law. Certified as a CPA in 1992, Cindy works extensively with legal professionals, business owners and individual clients on marital dissolution issues, including marital standard of living, support, property, tracing, and business valuation.

Ms. Craig is a member of the American Institute of Certified Public Accountants (AICPA) and the California Society of Certified Public Accountants. She has received the professional designations of ABV (Accredited in Business Valuation) and CFF (Certified in Financial Forensics) through the AICPA.

Alan J. Statz, CBA/ASA/M&AMI /MBA

Mr. Statz is president of Exit Strategies Group, Inc., a Sonoma County-based business valuation and brokerage services firm. He specializes in appraising small to mid-sized companies, fractional interests and intangible assets for gifting and estate tax, succession planning, buy-sell, management buy-outs, M&A transactions, financings, reorganizations, ESOPs, shareholder disputes and litigation support.

Mr. Statz is a Certified Business Appraiser (CBA) and Accredited Senior Appraiser (ASA). He holds the Merger & Acquisition Master Intermediary (M&AMI) designation from the M&A Source, the world’s largest association of middle market intermediaries, and he serves on the board of the California Association of Business Brokers.

Date: Thursday, February 26, 2015

Time: 3:30 pm Check-In; 4:00 – 7:15 pm Presentation

Presenter(s):
Cynthia V. Craig, CPA/ABV/CFF
Alan J. Statz, CBA/ASA/M&AMI /MBA

Place: The Glaser Center, 547 Mendocino Avenue, Santa Rosa, CA 95401

Cost: $90–SCBA Members; $100–Public

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General Law

IRA Trusts: Purposes and Drafting

Malcolm T. Manwell
Perry, Johnson, Anderson,
Miller & Moskowitz, LLP

Mr. Manwell’s practice includes complex real estate transactions, estate planning and business formation, non-profit entities, limited liability company and public agency representation. He heads the transactional and estate planning group at Perry, Johnson, Anderson, Miller & Moskowitz.

Mr. Manwell graduated from the University of Notre Dame (Cum Laude) in 1971 and the University of California, Hastings College of the Law, in 1976. He was admitted to the California Bar in December of 1976.

Mr. Manwell has practiced law in the Sonoma County region for over 38 years. Prior to joining to Perry, Johnson, Anderson, Miller & Moskowitz in 2004, he had over 25 years litigation experience, representing clients in the family law, business, real estate and estate settlement areas.

Date: Thursday, February 19, 2015

Time: Check-In: 11:45 am ; Presentation: 12:00 – 1:30 pm

Presenter(s): Malcolm T. Manwell, Perry, Johnson, Anderson, Miller & Moskowitz, LLP

Place: SCBA, 37 Old Courthouse Sq., Ste. 100, Santa Rosa, CA 95404

Cost: $50–SCBA Members; $60–Public

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

Click Here to Register
Click here to Download the Registration Flyer

General Law

Family Law New Forms & New Law for 2015

Please join us for two hours of updates regarding New Law/Rules for Family Law in 2015. This is a well attended event and you won’t want to miss it!

Hon. Raima Ballinger

Hon. Louise Bayles-Fightmaster

Peggy Roth

Date: Wednesday, February 18, 2015

Time: 3:30 pm Check In; 3:45—6:00 pm Presentation

Presenter(s):
Hon. Raima Ballinger, Judge, Sonoma County Superior Court
Hon. Louise Bayles-Fightmaster, Commissioner, Sonoma County Superior Court
Peggy Roth, Department of Child Support Services, Sonoma County

Place: Fountaingrove Inn, 101 Fountaingrove Parkway, Santa Rosa, CA 95403

Cost: $55–SCBA Members; $75–Non-Members

Click Here to Register
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