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On Entering the 21st Century (And A Thank You to Sponsors of 2010 SCCBA Events)

Posted By Mark Shem, Wednesday, November 10, 2010
Updated: Friday, April 25, 2014

by Mark Shem, SCCBA 2010 President

[reprinted from the November, 2010, Daily Journal, SCCBA Monthly Newsletter]

SINCE MY LAST REPORT, THE SCCBA CONTINUES TO BE IN THE FOREFRONT OF IMPROVING THE PRACTICE OF LAW AND THE PROFESSIONALISM IN OUR COMMUNITY. AS MY TERM HEADS INTO THE HOME STRETCH, HERE ARE SOME UPDATES ON WHAT WE HAVE BEEN DOING AND ACCOMPLISHING.

E-DISCOVERY 
THE TASK FORCE MET TWICE THIS PAST QUARTER AND ADOPTED THE FOLLOWING MISSION STATEMENT:

THE E-DISCOVERY TASK FORCE'S MISSION IS TO DEMYSTIFY ELECTRONIC DISCOVERY BY PROVIDING PRACTICAL KNOWLEDGE AND RESOURCES TO ALL MEMBERS OF THE SANTA CLARA COUNTY BAR ASSOCIATION TO ADDRESS THE HANDLING OF ELECTRONICALLY STORED INFORMATION IN DISCOVERY.

THE TASK FORCE ALSO ADOPTED THE FOLLOWING PHILOSOPHICAL APPROACH TOWARDS E-DISCOVERY:

DISCOVERY IS DISCOVERY IS DISCOVERY. THE LAWS OF DISCOVERY DIDN'T CHANGE WITH THE ONSET OF E-DISCOVERY. THE INFORMATION YOU ARE SEEKING STILL HAS TO BE RELEVANT, CAN'T BE OVERBROAD, AND THE BURDENSOME OBJECTION STILL GOES THROUGH A BALANCING TEST. THE ONLY CHANGE REALLY IS (1) HOW THE INFORMATION IS STORED, (2) WHERE IT IS STORED, (3) HOW TO RETRIEVE IT, (4) COST BENEFIT ANALYSIS ON THE EXPENSE FOR THE RETRIEVAL, AND (5) WHO HAS TO PAY FOR IT.

THE TASK FORCE HAS SPLIT INTO FOUR WORKING GROUPS WITH THE GOAL OF CREATING CLE PROGRAMS THAT WILL HOPEFULLY TAKE THE MYSTERY OUT OF THE PROCESS. WE HOPE TO LAUNCH THE FIRST SEMINAR ADDRESSING E-DISCOVERY 101 DURING THE FIRST QUARTER OF 2011. THE OTHER TOPICS WILL INCLUDE PROPOUNDING AND RESPONDING TO E-DISCOVERY, E-DISCOVERY AND THE COURTS AND RECURRING E-DISCOVERY ISSUES. MY THANKS TO SUB COMMITTEE CHAIRS JOSH GILLILAND, KATHY GALLO, JAMES SCHARF AND MATTHEW SCHECTER FOR SPEAR HEADING THESE GROUPS. LOOK FOR ANNOUNCEMENTS NEXT YEAR.

CIVILITY IN THE PRACTICE 
A FEW MONTHS AGO, I ADDRESSED THE TOPIC OF CIVILITY IN THE PROFESSION. THE SCCBA PROFESSIONALISM COMMITTEE PROPOSED AND THE SCCBA BOARD OF TRUSTEES ADOPTED THE RE-INSTITUTION OF AN ATTORNEY-TO-ATTORNEY "COMPLAINT" PROCEDURE. IF A PRACTITIONER HAS ISSUES OR CONCERNS, HE/SHE CAN FILE A REQUEST FOR MEDIATION WITH THE SCCBA. A TRAINED MEMBER OF THE PROFESSIONALISM COMMITTEE WILL THEN ATTEMPT TO MEDIATE THE DISPUTE BETWEEN THE ATTORNEYS. THIS PROCESS IS NOT A FACT FINDING BODY. THE PROCESS SHOULD BE UP AND RUNNING IN THE NEAR FUTURE. CHECK THE BAR'S WEB SITE AT WWW.SCCBA.COM FOR MORE DETAILS

PRO BONO WEEK 
OCTOBER 25, 2010 WAS THE KICK OFF OF THE ABA PRO BONO WEEK. THE SCCBA HONORED FIRMS AND ATTORNEYS WHO MET AND/OR EXCEEDED THE PRO BONO PLEDGE OF DONATING 60 OR MORE HOURS OF DIRECT OR INDIRECT PRO BONO REPRESENTATION. MY THANKS TO THE FIRMS WHO GENEROUSLY SPONSORED THIS EVENT INCLUDING BAKER & MCKENZIE; FENWICK & WEST; AND DLA PIPER.

AT THE BEGINNING OF THE YEAR, I ENCOURAGED OUR MEMBERS TO INCREASE THEIR PRO BONO EFFORTS BY 25%. ALTHOUGH THE BAR DOES NOT HAVE THE ABILITY TO TRACK AND COMPARE HOURS, BASED UPON EFFORTS OF THE PARTICIPANTS AT THE PRO BONO RECEPTION, I AM CONFIDENT WE MET THAT CHALLENGE. PRO BONO COMMITTEE CHAIR KEITH WURSTER AND THE OTHER COMMITTEE MEMBERS HAVE DONE AN OUTSTANDING JOB THIS YEAR ENCOURAGING PRO BONO ACTIVITIES.

IF YOU HAVEN'T VOLUNTEERED, DONATED MONEY TO LEGAL SERVICES OR ENGAGED IN PRO BONO ACTIVITIES, THERE IS STILL TIME.

AND, THE ANNUAL HIGH SCHOOL MOCK TRIAL TOURNAMENT IS JUST AROUND THE CORNER. MEMBERS SHOULD HAVE RECEIVED AN EMAIL INVITING THEM TO PARTICIPATE. PLEASE CONSIDER TAKING AN EVENING OUT OF YOUR TIME TO HELP OUR BUDDING LAWYERS, JUDGES, AND COLLEAGUES. AS JUDGE READ AMBLER ONCE SAID, DO IT FOR YOURSELVES. YOU WILL NEVER SEE BETTER "LAWYERING" AND WILL PICK UP GREAT TIPS IN THE PROCESS.

JUDGES' NIGHT 
THE ANNUAL SCCBA JUDGES' NIGHT WENT OFF WITHOUT ANY HITCHES LAST OCTOBER 19. I AM PLEASED TO REPORT WE SOLD MORE TABLES AND HAD MORE JUDGES THAN IN PREVIOUS YEARS. KATHLEEN SULLIVAN PROVIDED GREAT INSIGHT INTO THE SUPREME COURT AND THE JUSTICES, THEMSELVES. IN ADDITION TO RECOGNIZING DEBRA ZUMWALT AS THE PROFESSIONAL LAWYER OF THE YEAR, ROBERT GREELEY WITH THE DIVERSITY AWARD AND PATRICK PREMO WITH THE PRO BONO AWARD, WE RECOGNIZED JUDGE JAMIE JACOBS-MAY AS THE OUTSTANDING JURIST OF THE YEAR. JUDGE JACOBS-MAY'S ACCEPTANCE SPEECH WAS BOTH MOVING AND INSPIRATIONAL. ALTHOUGH SHE IS LEAVING THE BENCH AT THE END OF THE YEAR, SHE PROMISED, "I'LL BE THERE", SHOULD THE BENCH AND BAR EVER NEED HER. THANK YOU JUDGE JACOBS-MAY FOR YOUR SERVICE TO OUR COMMUNITY, BENCH AND BAR.

DIVERSITY 
THE SCCBA HELD ITS FIRST SPEED MENTORING NETWORKING EVENT THIS PAST MONTH. WE HAD A GREAT TURN OUT OF BOTH MENTORS AND MENTEES. A LIVELY PANEL DISCUSSION INCLUDED JUDGE JULIE EMEDE, JUDGE JACQUELINE DUONG AND SANTA CLARA COUNTY COUNSEL MIGUEL MARQUEZ WHO OFFERED THEIR EXPERIENCE AND INSIGHT TO OUR YOUNGER COLLEAGUES. AFTER THE PANEL DISCUSSION, MENTEES MET IN GROUPS OF TWO WITH PAIRED MENTORS FOR 10 MINUTES OVER AN HOUR AN A HALF. MENTEES WERE ABLE TO MEET AND TALK WITH AT LEAST 20 DIFFERENT MENTORS. HOPEFULLY, THIS EVENT WILL BECOME AN ANNUAL PROGRAM.

WHILE THERE IS MUCH MORE I COULD REPORT, I'LL STOP HERE AND JUST WISH ALL OF YOU A HAPPY THANKSGIVING. AS MY OLD GEOMETRY TEACHER WOULD SAY, AND "DON'T EAT TOO MUCH DEAD BIRD." 

2010 SPONSORED EVENTS/PROGRAMS

 WE WANT TO ACKNOWLEDGE AND THANK THOSE LAW FIRMS AND ATTORNEYS WHO HAVE SPONSORED SO MANY OF OUR EVENTS AND PROGRAMS THIS YEAR. WITHOUT THEIR GENEROUS AND ONGOING SUPPORT THE SCCBA COULD NOT BRING YOU SUCH A WIDE ARRAY OF LOW COST AND NO COST PROGRAMMING. IF YOU ARE INTERESTED IN BEING A SPONSOR FOR A 2011 EVENT, PLEASE CONTACT SCCBA EXECUTIVE DIRECTOR, CHRIS BURDICK, AT CHRISB@SCCBA.COM.

 FENWICK & WEST, LLP
DIVERSITY COMMITTEE SPEED NETWORKING: BUILDING NETWORKS AND FORMING CONNECTIONS
DIVERSITY COMMITTEE SUMMER ASSOCIATE MIXER
DIVERSITY COMMITTEE UNSUNG HEROES RECEPTION

 MORRISON & FOERSTER, LLP
DIVERSITY COMMITTEE UNSUNG HEROES RECEPTION

 HOWERY, LLP
FEDERAL COURT'S COMMITTEE VIEW FROM THE BENCH

 LAW OFFICE OF GINA M. STEELE
HIGH TECHNOLOGY SECTION EXAMINING REEXAMS

 BINGHAM MCCUTCHEON, LLP
TOWNSEND AND TOWNSEND AND CREW, LLP
LEGAL SERVICE COMMITTEE LEGAL SERVICES RETREAT

 BAKER & MCKENZIE
FENWICK & WEST, LLP
DLA PIPER
PRO BONO COMMITTEE PRO BONO RECOGNITION RECEPTION

 IRR-RESIDENTIAL VALUATION SERVICES / INTEGRA REALTY RESOURCES
HOGE FENTON JONES & APPEL, INC.
JOHN PIVIROTTI – FINANCIAL CONCEPTS
REAL PROPERTY SECTION 2ND ANNUAL REAL ESTATE SYMPOSIUM

 EMPLOYMENT RIGHTS ATTORNEYS
FOX, WANG & MORGAN, P.C.
PHILLIP J. GRIEGO & ASSOCIATES
2010 ANNUAL LABOR & EMPLOYMENT FALL SOCIAL

 

2010 ANNUAL JUDGES' NIGHT TABLE SPONSORS
BAY AREA LEGAL AID
BERGESON, LLP
 
BERLINER COHEN 
BINGHAM MCCUTCHEN, LLP 
FENWICK & WEST, LLP 
HAYNES AND BOONE, LLP 
HOGE FENTON JONES & APPEL, INC.
HONORABLE JAMIE JACOBS-MAY 
LAW FOUNDATION OF SILICON VALLEY 
LAW OFFICE OF PETER N. BREWER 
LEWIS AND ROCA, LLP 
LITTLER MENDELSON P.C. 
MANATT, PHELPS & PHILLIPS, LLP 
MCMANIS FAULKNER 
MORGAN HILL/GILROY BAR ASSOCIATION 
MORRISON & FOERSTER, LLP 
NEEDHAM, KEPNER, FISH & JONES, LLP
OFFICE OF THE CITY ATTORNEY
OFFICE OF THE COUNTY COUNSEL, SANTA CLARA
 
ORRICK, HERRINGTON & SUTCLIFFE, LLP 
ROBINSON & WOOD, INC. 
ROPERS MAJESKI KOHN BENTLEY, P.C. 
ROSSI, HAMERSLOUGH, REISCHL & CHUCK 
SAN JOSE OFFICE OF APPEALS
SILICON VALLEY LAW GROUP 
THE MLNARIK LAW GROUP, INC.
TERRA LAW, LLP
 
TOWNSEND AND TOWNSEND AND CREW, LLP
TREPEL MCGRANE GREENFIELD, LLP 
WILLOUGHBY, STUART & BENING 

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