MCLE Classes & Events

Events

2015 Careers of Distinction Awards

Nominations for the 2015 Careers of Distinction Awards are Now Being Accepted

THE AWARD

Each year the Sonoma County Bar Association recognizes members of the legal profession with SCBA’s highest honor, the Careers of Distinction (COD) Award. The Award is made to attorneys and Judicial officers who have distinguished themselves in an exemplary fashion during their legal careers in Sonoma County. In 2015, this recognition will be made at SCBA’s premier annual event, the COD Awards dinner, on Friday, October 16, 2015 at the Hyatt Vineyard Creek Hotel.

THE CRITERIA

  • Active, retired, or deceased attorneys or Judicial Officers who have engaged in the practice of law in Sonoma County in an exemplary fashion are eligible for this award.
  • Those who have distinguished themselves as jurists, litigators, or practitioners, and who have applied due diligence in the practice of law day after day.
  • Those who have been an inspiration to others and have achieved excellence during their legal careers.
  • Important is participation in activities outside the practice of law such as service to local, state, national and international organizations, service to charitable organizations, political pursuits, religious
  • groups, chambers of commerce, merchants associations, and other noteworthy achievements.

THE PROCESS

  • All nominations will be reviewed by the COD Nominating Committee consisting of the current SCBA Executive Committee, representative past Honorees, and representative past SCBA Presidents.
  • Group, or en banc nominations, resolutions, endorsements or petitions are not recommended.
  • The Nominating Committee does not undertake any independent investigation and relies on the information submitted in the nominating form and supporting documents.
  • The Nominating Committee will submit its recommendations to the SCBA Board of Directors for its consideration and final selection.
  • Honorees will be announced on or about May 15, 2015, and will be presented with their awards on October 16, 2015 at the Hyatt Vineyard Creek Hotel.

CLICK HERE TO DOWNLOAD THE NOMINATION FORM

  • Nominations must be submitted using the nomination form.
  • Use only one form per nominee.
  • In addition to the nomination form, submit detailed explanations of the criteria listed in the criteria section above. Include supporting documents such as a resume, a list of awards, and/or a list of
    accomplishments.
  • Include any other information that you feel highlights how the nominee has distinguished himself or herself in an exemplary fashion during a legal career in Sonoma County.

RETURN COMPLETED FORM TO:

Peter Steiner, SCBA Executive Director, peter@sonomacountybar.org, or fax to 542-1195, or mail to the Sonoma County Bar Association, 37 Old Courthouse Square, Suite 100, Santa Rosa, CA 95404.

DEADLINE FOR SUBMISSION: Friday, March 20, 2015

General Law

How Lawyers Can Help the Courts Run Effectively

Saving You Time and Aggravation and Saving Your Client Money

Hon. M. Lynn Duryee (Ret.)
JAMS

The Honorable M. Lynn Duryee served as a superior court judge for 21 years in Marin County, having served in every assignment, including criminal, civil, family, and juvenile. She served as Supervising Civil Judge of the Marin County Superior Court for 11 years between 1999-2013, Supervising Family Law Judge from 2005 to 2006, and Supervising Criminal Judge from 2007 to 2008. She served as Presiding Judge of the Marin County Superior Court from 2006 to 2007. Judge Duryee served as Dean of the California Judicial College, as well as teaching “trials” at the College. She was the recipient of California Judges Association Bernard Jefferson Award for Distinguished Service in Judicial Education in 2002 and the Marin County Women Lawyers Award for Outstanding Leadership and Dedication in 2008. She taught Evidence for 10 years at Hastings and has taught hundreds of courses to judges, lawyers and law students in California and nationally. She is the author of books “Hooked On Drug Court” (CreateSpace) and “Mastering Mediation: 50 Essential Tools for the Advanced Practitioner” (Aspatore Books) and has been a regular columnist for judges in “The Bench,” the magazine of the California Judges Association.

Date: Date: Wednesday, April 1, 2015

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

Presenter(s): Hon. M. Lynn Duryee (Ret.), JAMS

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

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 is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization (since the program began), a Fellow of the American Academy of Matrimonial Lawyers (President of Nor Cal Chapter in 2010), and a frequent instructor for the continuing education of Certified Public Accountants, other financial professionals and attorneys. Selected as a Northern California Super Lawyer for 11 years, he was also the 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

Click Here to Register
Click Here to Download the Registration Flyer

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
Click Here to Download the Registration Flyer

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

Click Here to Register
Click Here to Download the Registration Flyer