[Reprinted from the June 8, 2010 Daily Journal, SCCBA Monthly Newsletter]
A few weeks ago, I had the honor of attending the Santa Clara County Bar Association’s Family Law Section’s reception recognizing some of our most distinguished colleagues who have practiced here in the Valley for 40 years plus. The program included a round table discussion by some of these distinguished practitioners on how the practice of law has changed in the last forty years. Practically every one of them bemoaned the loss of civility in the practice of law.
Later, I attended the SCCBA’s Professionalism Committee’s joint meeting with the Presiding Judge, Assistant Presiding Judge and supervising judges of the Santa Clara County Superior Court to discuss civility and professionalism in the courts and during the course of litigation. Every one of the participants had a horror story or two and all of them recent. For example, one judge had to issue a restraining order against each counsel during the trial! Another participant related during a deposition how opposing counsel’s questions and behavior even made the court reporter cry. Others still commented on the creeping rudeness of counsel to be consistently late to appearances costing the court and clients’ time and money in waiting.
The late comedian Flip Wilson once said, “The ugly people know who they are.”
Our Bar Association has historically been in the forefront of civility and professionalism in the practice of law. In 1992, SCCBA President and now Superior Court Judge Brian Walsh spear headed an effort that led to the creation of the SCCBA’s Code of Professionalism. In the years since, a variety of SCCBA Presidents have undertaken initiatives to keep the Code a meaningful and integral part of law practice in Santa Clara County along with significant cooperation from the Superior Court judges. The SCCBA encourages its members and non members alike to adopt the Code as part of their practice. As the Preamble of the Code charges us “[a]s lawyers, we owe duties of professionalism to our clients, opposing parties and their counsel, the courts and other tribunals, and the public as a whole. Those duties include among other: civility, professional integrity, personal dignity, candor, diligence, respect, courtesy, cooperation, and competence.”
Members who “pledge” to the Code are recognized in our printed and online directory. The Santa Clara County Superior Court Bench adopted the Code in 1992 as a guideline to decorum for all attorneys practicing in the Superior Court of Santa Clara County encouraging them to adhere to the precepts of the Code. In 2009, the California State Bar adopted a code of civility and professionalism that heavily borrowed from our very own Code of Professionalism.
Yet, despite all these aspirations, rudeness and hostility still exists in and out of the courtroom. While some would argue such conduct is just advocacy, the distinction has unfortunately become blurred. I would like to think that none of our members are guilty of such conduct. But, what are we to do? It is still our profession. If we cannot, as professionals, conduct our activities in a dignified manner, how can we expect others to do the same? And, what message do we send to our neighbors, community, and children? That it is all right to treat people with disdain and contempt? Is it proper to dress down co-workers or even strangers when we do not get our own way? Perhaps we are just too stressed out.
This year, our Professionalism Committee, chaired by Deputy District Attorney Rolanda Pierre Dixon, will be discussing ways to encourage civility in the profession to stem any tide of increasing incivility. Encouraging civility is not only the responsibility of the Committee. You too can submit suggestions. To encourage this dialogue, I throw out a few suggestions--some mine and some from others.
Attach a copy of the SCCBA Code of Professionalism to every filed complaint. Require the litigants and their counsel read the Code and sign a declaration promising to abide by its principles. At a minimum, this proposal will force counsel to glance at the Code. The Bar has many extra copies of the Code of Professionalism and it can be downloaded from www.sccba.com at About SCCBA>>>Association Directory>>>Governing Documents.
Reactivate the SCCBA Attorney to Attorney Complaint Process. Some years ago, the SCCBA instituted an informal complaint procedure so lawyers with concerns about opposing counsel could raise these issues with the SCCBA Professionalism Committee. A volunteer member of the Professionalism Committee, an ombudsman, if you will, would discuss the matter with both parties in hopes of reaching an informal resolution, or at least educating the offending attorney. The ombudsman was not a fact finder and did not render any opinions regarding the dispute. Rather, this person helped counsel work out their disagreements.
Institute a Civility Workshop in lieu of court sanctions. If the court deems counsel is breaching the Code of Professionalism, the court can refer counsel to an SCCBA sponsored civility MCLE program in lieu of monetary sanctions. The program can review the Code of Professionalism and ethical requirements. While some may argue the program may develop something akin to a “Scarlet Letter A”, perhaps the core problem is some of us have forgotten what our mothers told us all those years ago.
For incivility that occurs during the course of discovery, have in place an “on call” discovery referee available to handle those disputes before they erupt into larger problems.
Civility Motions. Raise the issue with the court if the conflict arises over litigation and litigation tactics. On one hand, the court cannot act unless a motion is before it. After all, our Bench adopted the Code of Professionalism and expects all parties to adhere to it during the pendency of the case. On the other hand, judges are loath to get involved in perceived “whiney” disputes.
These suggestions are not exhaustive or the answer to the issue of civility. If you have any suggestions, pass them along to SCCBA Executive Director Chris Burdick at chrisb@sccba.com, and she will pass them along to the Professionalism Committee. Let us begin anew a dialogue so that at the next 40 year celebration, we are not rehashing the same complaints about lack of civility in the profession. It is our profession after all. I look forward to our dialogue.
Tuesday, June 8, 2010
Friday, June 4, 2010
UPDATE ON SCCBA MEMBERSHIP BENEFITS
[reprinted from the May 11, 2010, Daily Journal, SCCBA Monthly Newsletter]
As we reach the summer months, I thought I would report on the various programs and benefits available to our members. The Santa Clara County Bar Association offers many opportunities and benefits to both increase and enhance your practice of law. As we continue to improve these services, the benefits become readily apparent including increasing your client base; networking opportunities with colleagues in your same practice area and with local judges; programs to improve how you practice law and well recognized; and well regarded initiatives in improving the administration of justice. Here are just a few of these services and opportunities and if you are not yet an SCCBA member, you can join today on line at http://www.sccba.com/.
The Client Tool Kit
The SCCBA offers a variety of services that can assist you in expanding your client base in a way that is both economical and via a brand trusted by the public. These tools can be used individually or in any combination.
Public Directory of Attorneys: As one of the first legal internet directories in the nation, you can have a listing or a full profile on the SCCBA website that is open to the public who are trying to locate an attorney. This directory is searchable by practice areas, name or location. You can be listed in as many practice areas as you wish. If you subscribe by April 15, 2010, you can take advantage of the “Spring into Summer” discount: a full profile for the remainder of 2010 for $199 or just a listing for $99. You can visit the Public Directory of Attorneys at http://www.attorneys-santaclara.com/ and discover why the site receives nearly 7,000 hits a month and why so many of your colleagues already have their profile. The directory is fast becoming a friendly user tool for both Bar members and the public. To subscribe and take advantage of the discount, contact Cindy at cindyg@sccba.com or 408.975.2113.
Lawyer Referral Service: Referrals from the SCCBA Lawyer Referral Service generated over $1 Million in attorneys fees last year. You can be part of the LRS system of referrals for only $255 a year. For that very low fee, if you meet the required minimum qualifications, you can be listed on two substantive panels and you can choose to be listed in the Public Directory of Attorneys at no additional cost. To learn more about qualifying for the Lawyer Referral Service, contact Dolores at doloresh@sccba.com or 408.975.2103.
Know Your Neutrals: If you are an arbitrator or mediator, you can increase referrals from your peers as well as contacts from the public through the SCCBA on line “Know Your Neutrals” listings. You can be listed with a full profile and picture in this on line directory for a very low yearly fee of $99. To sign up today and complete your on line profile questionnaire, go to http://cmpgnr.com/r.html?c=1602710&r=1601369&t=1262760336&l=1&d=91603141&u=http%3a%2f%2fwww%2esccba%2ecom%2fKnowYourNeutral%2fNeutral%2ehtm%3fsite%3dsccba&g=0&f=-1. Your listing can be on line within 24 hours.
To ensure that all these tools are readily available and accessible to the public and your colleagues, the SCCBA is in the process of hiring a marketing and communications staff position. The goal of this position will be to provide a comprehensive marketing plan to create even more visibility for these services than already exists and implement it.
Networking Opportunities
You can easily network with colleagues in your practice area and local judges a various events sponsored by substantive law sections and committees. Here are just a few that are already on the calendar.
Pioneers in Family Law Reception, sponsored by the Family Law Section to honor family law attorneys practicing 40 years or more. Family law practitioners and judges will be in attendance. May 13, 2010, at 5:30, Santa Clara County Law Library Rose Garden. Free to SCCBA members. For more information or to register, contact Cindy Gartner at 408.975.2113 or cindyg@sccba.com.
Unsung Heroes Reception, honoring up to three individuals for their contributions to advancing diversity in the legal profession. October 7, 2010, 5:30 pm, at the Fallon House Gardens.
Annual Judges Night, will be held October 19, 2010, at the Fairmont Hotel. The speaker will be well renown former Stanford Law School Dean and Supreme Court finalist Kathleen Sullivan. Annual awards presented: Diversity, Professionalism and Pro Bono. This year may include an award to a member of the local judiciary. Cocktails will be at 5:30 pm and dinner will start at 6:30 pm this year. To reserve a table early, contact Angie Loyola at 408.975.2110 or angiel@sccba.com.
In addition to events, you can join a section executive committee or SCCBA committee and become involved with your colleagues in planning networking events, seminars, receptions and addressing issues of interest such as diversity in the profession, professionalism, pro bono service, or assisting with our local legal service agencies. For a complete list of our sections and committees and to sign up, go to http://www.sccba.com/ >>>About SCCBA>>>Commitees/Sections.
Improve How You Practice Law
The SCCBA offers several ways to assist you in remaining up-to-date in your practice area and assisting you in getting to know the local judges better.
Daily Case Summaries are delivered daily to each member’s email Inbox for free and provide a summary of each state and federal appellate opinion published in the previous 24 hours. You get the case name, citation, brief summary of the holding and a direct link to the full opinion on line.
Know Your Judges is an on line service that features the profiles of local state and federal court judges. These profiles are completed by the individual judge. We are in the process of updating these profiles with the judges and obtaining profiles of the newer appointments to the bench. You must be a member to view these profiles. You can view them on line at http://www.sccba.com/ >>>Court Resource Center >>>Know Your Judges.
Judicial Evaluation Survey is conducted every other year in the non-election year and gives practitioners the opportunity to provide feedback on the local bench. The results of the last two surveys in 2007 and 2009 can be viewed on line at http://www.sccba.com/ >>>Court Resource Center >>>Know Your Judges.
CLE Your Way is the SCCBA Continuing Legal Education Program that provides continuing legal education programs in an array of practice areas and in several different formats: live seminars with live web casts, brown bags, luncheons, on line streaming video programs and podcasts of cle programs. Below are a few upcoming programs. To see our on line streaming video and podcast catalogue, go to http://www.sccba.com/ >>> Continuing Legal Education >>> CLE On Line. It’s easy and you can view demos of the program before you purchase it.
May 18, 2010
What Every Business Lawyer/ LitigatorNeeds to Know About Bankruptcy
Business Law Business Litigation
General Substantive Law 2.00
May 19, 2010
Cleantech Scope and Services:How the Green Revolution will Impact your Existing Clients and Could Help you Develop New Ones
High Technology Law
General Substantive Law 1.00
May 20, 2010
Ramping Up Your Law Practice: Strategies to Success
Solo & Small Firm Practitioners
General Substantive Law 2.00
May 25, 2010
Employment Law Attorneys: Everything You Need to Know About Insurance Coverage in Employment Claims
Insurance Law
General Substantive Law 1.00
May 26, 2010
Jury Selection: Tips from the Experts
Labor & Employment Law
General Substantive Law 1.00
Jun 30, 2010
The Ethics and Practicalities of Screening and Disengaging from Problem Clients
Professionalism
Legal Ethics 2.00
Giving Back to the Profession and Community
The SCCBA affords practitioners a number of opportunities to become involved in the improving the administration of justice and improving the profession through three well regarded ongoing initiatives.
Diversity in the Profession. The Diversity Committee of the SCCBA is engaged in a number of activities to advance diversity in the profession. A focus of the Committee for 2010 will be to sponsor a mentoring/mentee event for new minority lawyers who want an opportunity to find a mentor who is practicing in the local community. This event will be scheduled for the fall so watch for the announcement. The other ongoing programs in diversity include the Bay Area Minority Summer Clerkship Program (BAMSCP), which places 1st year law students with local firms for summer clerkships, the Summer Associate Mixer and the Unsung Heroes Reception, which is mentioned above.
Professionalism. The SCCBA continues to promote its local Code of Professionalism developed and published in 1992 and part of the local rules of court and used by the local bench as a guide to professional and civil conduct in Santa Clara County. The Professionalism Committee stays abreast of developments in professionalism and discipline, sponsors continuing legal education programs such as the one scheduled for June 30, 2010, on Screening and Disengaging Ethically From Difficult Clients. The year the Professionalism Committee will have a joint meeting with the supervising judges of the superior court to discuss professionalism issues of concern to the bench and bar. If you are interested in becoming involved, you can sign up for the Professionalism Committee at http://www.sccba.com/ >>>About SCCBA>>>Committees/Sections.
Pro Bono Opportunities. The SCCBA has an ongoing pro bono initiative: Helping Lawyer Help Others. The initiative is supported by the SCCBA Pro Bono Committee and through the award winning website, Probonomatch.org at www.probonomatch.org. The website lists pro bono opportunities available through the local legal service agencies; the opportunities are searchable by a variety of search categories. In addition, the Pro Bono Committee promotes the SCCBA Pro Bono goals and pledge program and recognizes attorneys who achieve the yearly pro bono goals at a fall reception. If you are interested in becoming involved, you can sign up for the Pro Bono Committee at http://www.sccba.com/ >>>About SCCBA>>>Committees/Sections. Or, you can sign the pro bono pledge at http://www.probonomatch.org/.
The SCCBA has it all. What are you waiting for?
In my continued effort to recognize the generosity of firms and individuals, I want to recognize the following who provided additional contributions to offset the security costs for the local and state high school mock trial programs:
Clark Stone, Allen Fleischman, Paul Colin, Rona Layton, Elizabeth Pianca, Jim Towery, Tomomi Glover, Johnny GoGo, Bernard Greenfield, Hon, Read Ambler (ret.), Scott Storey, and the Santa Clara County Law Advocates.
As we reach the summer months, I thought I would report on the various programs and benefits available to our members. The Santa Clara County Bar Association offers many opportunities and benefits to both increase and enhance your practice of law. As we continue to improve these services, the benefits become readily apparent including increasing your client base; networking opportunities with colleagues in your same practice area and with local judges; programs to improve how you practice law and well recognized; and well regarded initiatives in improving the administration of justice. Here are just a few of these services and opportunities and if you are not yet an SCCBA member, you can join today on line at http://www.sccba.com/.
The Client Tool Kit
The SCCBA offers a variety of services that can assist you in expanding your client base in a way that is both economical and via a brand trusted by the public. These tools can be used individually or in any combination.
Public Directory of Attorneys: As one of the first legal internet directories in the nation, you can have a listing or a full profile on the SCCBA website that is open to the public who are trying to locate an attorney. This directory is searchable by practice areas, name or location. You can be listed in as many practice areas as you wish. If you subscribe by April 15, 2010, you can take advantage of the “Spring into Summer” discount: a full profile for the remainder of 2010 for $199 or just a listing for $99. You can visit the Public Directory of Attorneys at http://www.attorneys-santaclara.com/ and discover why the site receives nearly 7,000 hits a month and why so many of your colleagues already have their profile. The directory is fast becoming a friendly user tool for both Bar members and the public. To subscribe and take advantage of the discount, contact Cindy at cindyg@sccba.com or 408.975.2113.
Lawyer Referral Service: Referrals from the SCCBA Lawyer Referral Service generated over $1 Million in attorneys fees last year. You can be part of the LRS system of referrals for only $255 a year. For that very low fee, if you meet the required minimum qualifications, you can be listed on two substantive panels and you can choose to be listed in the Public Directory of Attorneys at no additional cost. To learn more about qualifying for the Lawyer Referral Service, contact Dolores at doloresh@sccba.com or 408.975.2103.
Know Your Neutrals: If you are an arbitrator or mediator, you can increase referrals from your peers as well as contacts from the public through the SCCBA on line “Know Your Neutrals” listings. You can be listed with a full profile and picture in this on line directory for a very low yearly fee of $99. To sign up today and complete your on line profile questionnaire, go to http://cmpgnr.com/r.html?c=1602710&r=1601369&t=1262760336&l=1&d=91603141&u=http%3a%2f%2fwww%2esccba%2ecom%2fKnowYourNeutral%2fNeutral%2ehtm%3fsite%3dsccba&g=0&f=-1. Your listing can be on line within 24 hours.
To ensure that all these tools are readily available and accessible to the public and your colleagues, the SCCBA is in the process of hiring a marketing and communications staff position. The goal of this position will be to provide a comprehensive marketing plan to create even more visibility for these services than already exists and implement it.
Networking Opportunities
You can easily network with colleagues in your practice area and local judges a various events sponsored by substantive law sections and committees. Here are just a few that are already on the calendar.
Pioneers in Family Law Reception, sponsored by the Family Law Section to honor family law attorneys practicing 40 years or more. Family law practitioners and judges will be in attendance. May 13, 2010, at 5:30, Santa Clara County Law Library Rose Garden. Free to SCCBA members. For more information or to register, contact Cindy Gartner at 408.975.2113 or cindyg@sccba.com.
Unsung Heroes Reception, honoring up to three individuals for their contributions to advancing diversity in the legal profession. October 7, 2010, 5:30 pm, at the Fallon House Gardens.
Annual Judges Night, will be held October 19, 2010, at the Fairmont Hotel. The speaker will be well renown former Stanford Law School Dean and Supreme Court finalist Kathleen Sullivan. Annual awards presented: Diversity, Professionalism and Pro Bono. This year may include an award to a member of the local judiciary. Cocktails will be at 5:30 pm and dinner will start at 6:30 pm this year. To reserve a table early, contact Angie Loyola at 408.975.2110 or angiel@sccba.com.
In addition to events, you can join a section executive committee or SCCBA committee and become involved with your colleagues in planning networking events, seminars, receptions and addressing issues of interest such as diversity in the profession, professionalism, pro bono service, or assisting with our local legal service agencies. For a complete list of our sections and committees and to sign up, go to http://www.sccba.com/ >>>About SCCBA>>>Commitees/Sections.
Improve How You Practice Law
The SCCBA offers several ways to assist you in remaining up-to-date in your practice area and assisting you in getting to know the local judges better.
Daily Case Summaries are delivered daily to each member’s email Inbox for free and provide a summary of each state and federal appellate opinion published in the previous 24 hours. You get the case name, citation, brief summary of the holding and a direct link to the full opinion on line.
Know Your Judges is an on line service that features the profiles of local state and federal court judges. These profiles are completed by the individual judge. We are in the process of updating these profiles with the judges and obtaining profiles of the newer appointments to the bench. You must be a member to view these profiles. You can view them on line at http://www.sccba.com/ >>>Court Resource Center >>>Know Your Judges.
Judicial Evaluation Survey is conducted every other year in the non-election year and gives practitioners the opportunity to provide feedback on the local bench. The results of the last two surveys in 2007 and 2009 can be viewed on line at http://www.sccba.com/ >>>Court Resource Center >>>Know Your Judges.
CLE Your Way is the SCCBA Continuing Legal Education Program that provides continuing legal education programs in an array of practice areas and in several different formats: live seminars with live web casts, brown bags, luncheons, on line streaming video programs and podcasts of cle programs. Below are a few upcoming programs. To see our on line streaming video and podcast catalogue, go to http://www.sccba.com/ >>> Continuing Legal Education >>> CLE On Line. It’s easy and you can view demos of the program before you purchase it.
May 18, 2010
What Every Business Lawyer/ LitigatorNeeds to Know About Bankruptcy
Business Law Business Litigation
General Substantive Law 2.00
May 19, 2010
Cleantech Scope and Services:How the Green Revolution will Impact your Existing Clients and Could Help you Develop New Ones
High Technology Law
General Substantive Law 1.00
May 20, 2010
Ramping Up Your Law Practice: Strategies to Success
Solo & Small Firm Practitioners
General Substantive Law 2.00
May 25, 2010
Employment Law Attorneys: Everything You Need to Know About Insurance Coverage in Employment Claims
Insurance Law
General Substantive Law 1.00
May 26, 2010
Jury Selection: Tips from the Experts
Labor & Employment Law
General Substantive Law 1.00
Jun 30, 2010
The Ethics and Practicalities of Screening and Disengaging from Problem Clients
Professionalism
Legal Ethics 2.00
Giving Back to the Profession and Community
The SCCBA affords practitioners a number of opportunities to become involved in the improving the administration of justice and improving the profession through three well regarded ongoing initiatives.
Diversity in the Profession. The Diversity Committee of the SCCBA is engaged in a number of activities to advance diversity in the profession. A focus of the Committee for 2010 will be to sponsor a mentoring/mentee event for new minority lawyers who want an opportunity to find a mentor who is practicing in the local community. This event will be scheduled for the fall so watch for the announcement. The other ongoing programs in diversity include the Bay Area Minority Summer Clerkship Program (BAMSCP), which places 1st year law students with local firms for summer clerkships, the Summer Associate Mixer and the Unsung Heroes Reception, which is mentioned above.
Professionalism. The SCCBA continues to promote its local Code of Professionalism developed and published in 1992 and part of the local rules of court and used by the local bench as a guide to professional and civil conduct in Santa Clara County. The Professionalism Committee stays abreast of developments in professionalism and discipline, sponsors continuing legal education programs such as the one scheduled for June 30, 2010, on Screening and Disengaging Ethically From Difficult Clients. The year the Professionalism Committee will have a joint meeting with the supervising judges of the superior court to discuss professionalism issues of concern to the bench and bar. If you are interested in becoming involved, you can sign up for the Professionalism Committee at http://www.sccba.com/ >>>About SCCBA>>>Committees/Sections.
Pro Bono Opportunities. The SCCBA has an ongoing pro bono initiative: Helping Lawyer Help Others. The initiative is supported by the SCCBA Pro Bono Committee and through the award winning website, Probonomatch.org at www.probonomatch.org. The website lists pro bono opportunities available through the local legal service agencies; the opportunities are searchable by a variety of search categories. In addition, the Pro Bono Committee promotes the SCCBA Pro Bono goals and pledge program and recognizes attorneys who achieve the yearly pro bono goals at a fall reception. If you are interested in becoming involved, you can sign up for the Pro Bono Committee at http://www.sccba.com/ >>>About SCCBA>>>Committees/Sections. Or, you can sign the pro bono pledge at http://www.probonomatch.org/.
The SCCBA has it all. What are you waiting for?
In my continued effort to recognize the generosity of firms and individuals, I want to recognize the following who provided additional contributions to offset the security costs for the local and state high school mock trial programs:
Clark Stone, Allen Fleischman, Paul Colin, Rona Layton, Elizabeth Pianca, Jim Towery, Tomomi Glover, Johnny GoGo, Bernard Greenfield, Hon, Read Ambler (ret.), Scott Storey, and the Santa Clara County Law Advocates.
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