Silicon Valley In-House Counsel Summit
May 25 at 4 p.m, Palo Alto
[Discount available for LPMT Section Members]
Years ago, perhaps decades by now, the phrase, “Have a Nice Day” became a popular departure salutation. Over time it appeared on bumper stickers, coffee cups, and all variety of swag and tchotchkes. The expression became so overused as to become trite, and essentially meaningless. You are in exclusive charge of whether you have a nice day, and the hollow suggestion from someone else is unlikely to have any effect.
On the other hand, a less frequently heard, but more meaningful expression would be, “Make it a great day.” This recognizes that you and you alone are responsible for the outcome of your day (week, year, life). It is often said that if you can’t change something, change the way you look at it. Change your perspective. Or as Wayne Dyer says, “If you change the way you look at things, the things you look at change." OK, that is a cutesy chiasmus, but the message is on target. We control our outlook, and our outlook controls our input.
I once lived in a house that had very little setback from the neighbor. The neighbor’s driveway was only a few feet from my ground-floor bedroom window. That neighbor, Jennifer, was a comely young lady perhaps a year or two younger than I. Jennifer had a Porsche 914 that was desperately in need of a muffler. Every morning around 6:00 a.m. she would fire up her noisy car and routinely awaken me, much earlier than I cared to be. I would wake up, acknowledge the source of the disturbance, and go back to sleep. How was I able to do this, without anger?
Jennifer was my friend. She was a tomboy, which was appealing to me, and we hung out together. At the time I was restoring an antique airplane, and Jenny would sometimes go with me to the hangar and pitch in on the restoration. So, why would I be angry with someone for waking me up, when I felt affectionate toward this friend?
Now, imagine if Jennifer had been instead an ogre who routinely greeted me with a snarl, that was returned by me with equal malice. Had the early morning disturbances been caused by such an antagonist it surely would have necessitated response from law enforcement. Hell hath no fury like Peter Brewer when he is awakened before his time.
So what is the takeaway from this anecdote? You and only you can control your reaction to events. You may not be able to control, or even influence, the event, but you have absolute and exclusive control over how you respond to it. So, keep your eyes open for Jennifer, , , ,
And, Make It a Great Day!
Peter N. Brewer, Esq., Chair, LPMT
1. Select the text that you want to double indent.
2. Choose Page Layout from the Ribbon.
3. Set the left and right indents by clicking the up arrows to 1".
4. Voila! The selected text is indented.
5. If you would like your text justified, put your curser in that paragraph, and use the keyboard command CTRL+J.
About the Author:
Next time you open Facebook, could a summons be waiting for you in your inbox?
It’s a growing possibility. Within the United States, service of process by social media has been receiving increasing attention, as multiple cases have been granted approval for alternate service by Facebook and Twitter.
Using Social Media as an Alternate Method of Service
Service by social media remains relatively uncharted waters with the exception of a handful of cases. Yet it stands to provide a cost-effective and efficient method of alternate service, particularly in cases where a subject is evading service or has gone overseas.
With the evolution of technology, the notice requirement has expanded over the years to include e-mail and even fax—and now social media.
While people may flee to a foreign country or make locating them difficult, one point of contact usually remains—a social media account. We live in a connected society, with over 1.5 billion active Facebook users and 315 million active Twitter users worldwide. While finding someone physically may prove difficult, particularly in foreign countries, social media at the very least provides a medium through which to contact a subject.
Nearly all cases in the United States involving service by social media have used Facebook as means to notify the subjects. Twitter is another social media service front runner, gaining attention this year after a federal magistrate judge in San Francisco approved service on a Kuwait national who stood accused of funding ISIS.
The Pitfalls and Advantages of Social Media Service
A primary concern regarding service by social media is the authenticity of a profile. In the event of a long-term relationship, a spouse could easily create a false profile using the volumes of pictures they’ve amassed. However, simply having a picture that matches the identity of the subject isn’t enough to authenticate an account. All cases where social media service has been approved have required further evidence to prove the account truly belongs to the subject. Part of this proof includes the age of the profile, quantity and history of posts, and instances of direct communication with the subject through the specific social media account.
Similar to service by email, another issue is whether or not the intended recipient actually received the documents. What if a Facebook account was left logged in on someone else’s computer? It’s possible for someone other than the intended recipient to see the notice. These issues arise with any type of service other than personal, including mail and service upon a member of household. There is no guarantee a 17-year-old will pass on the documents to their parent or that a boyfriend didn’t accidentally throw away a piece of mail meant for his girlfriend.
Service of process by social media will never replace the gold standard of personal service. Instead, it should be considered an effective option for alternate service. Publication, one of the most-used methods of alternate service, is not only costly but also questionable in its ability to provide notice.
In Baidoo v Blood-Dzraku, a woman was seeking a divorce from her husband and sought to serve him via Facebook as she was having difficulty effectuating service. The judge in the case, New York Supreme Justice Matthew Cooper, noted in his opinion that traditionally, in New York service by publication is conducted through the New York Law Journal and the Irish Echo. “The chances of defendant, who is neither a lawyer nor Irish, ever seeing the summons in print, either in those particular newspapers or in any other, are slim to none.”
Pursuing Service Via Social Media
If you choose to pursue service by social media, before requesting an order for alternate service, be prepared to provide several pieces of information to the court. Judge Cooper’s opinion in Baidoo set a clear precedent for the information a court will look for when reaching a determination.
How do we know the account truly belongs to them?
Look for any information regarding the age of the account. If the account was created 10 years versus six months ago, the longevity will help to alleviate any concerns about the account being falsified. If your client has messages or communications with the subject, put them together into an affidavit.
In Fortunato v. Chase, the court denied a request to implead a daughter on a lawsuit with her mother using service by Facebook. The court noted the lack of sufficient evidence to prove the profile belonged to the correct individual.
How do we know they’ll get it?
Protecting due process rights is at the cornerstone of process service. The court will want to know how likely the individual is to actually receive the documents. Provide proof the account is indeed active: status updates, picture uploads or the liking of other posts. If the account is private, look for recent profile picture changes.
A Brooklyn judge recently denied a woman’s request to serve her husband by Facebook. Manal Qaza, in seeking a divorce from her husband Abdulla Saeed Hazza Alshalabi, moved to serve her husband by Facebook, as she believed he had moved to Saudia Arabia and the cost for international service or service by publication would be beyond her means. Yet the court noted the husband’s profile hadn’t been updated since April 2014, and so didn’t feel confident the notice would be received.
Why service by social media?
As with any approval of service by alternate method, the court will want to see an affidavit of due diligence. Appropriate attempts should have been made to locate the individual and to serve them personally.
For example, in Baidoo, the defendant had no email address, his last known address was four years old and the postal office had no forwarding address on file. His prepaid cell phone had no billing address linked to it and the Department of Motor Vehicles had no records on him. The plaintiff had made clear efforts to effectuate service, but due to the lack of physical address, it was clear an alternate method of service was needed.
Just as service by e-mail took time to become accepted by the courts and the legal community, so will service by social media. As our society changes and technology becomes an even more integral part of the industry, service by social media could prove to be an effective method of ensuring actual receipt of notice in cases where service is completed by alternate methods.
This post is part of "Operational Security for Lawyers," a series of 2 posts. You can start at the beginning or see all posts in the series.
In “Threat Modeling for Lawyers,” I wrote about a structured way of thinking about what you need to protect, who you need to protect it from, and how likely those threats are. This post gets down to practical recommendations to establish a baseline level of security. Most of these recommendations are easy to implement, and will go a long way toward keeping you—and your clients’ secrets—safe.
This first thing you need to understand is that passwords are terrible. Not just “weak” passwords, but all passwords. The idea of the password is fundamentally flawed. Why? Because the human brain is just not wired to remember “good” complicated passwords. Web comic XKCD said it best:
You might think “Tr0ub4dor&3” is an awesome password (it has capital letters! and numbers! and punctuation!), but I have bad news: it’s still nowhere near random enough to prevent a hacker from cracking it without breaking a sweat. It’s also hard to remember.
If your passwords are all hard to remember, you’ll probably get password fatigue, and decide you can only remember one or two “good” passwords and re-use them everywhere. Do not reuse passwords. Once a password is cracked on one site, you can be sure hackers will try it on others.
The best thing to do is use a password manager. A password manager is a program that helps you generate good passwords, and stores them securely so you don’t even have to remember them. (You do have to remember one strong password to use the password manager itself.) LastPass,1Password, Dashlane, and KeePassX are popular password managers.
ACLU technologist Christopher Soghoian puts it bluntly:
It’s not just politicians, either. Just this week, federal prosecutors charged three overseas hackers with exfiltrating data on M&A deals from at least two prestigious New York law firms’ email servers. According to the US Attorney’s press release, both victim firms were initially breached through “unlawfully obtained credentials” of firm employees—very likely, phishing.
Don’t have a soft underbelly, and don’t read about yourself in a US Attorney’s press release. Use a password manager and multi-factor authentication, stay patched, and avoid malware. For a detailed explanation of how to implement these solutions, download the Lawyerist “4-Step Computer Security Upgrade.” After following this advice, you’ll be a harder target.
Read the entire article and learn about multi-factor authentication, patching and avoiding malware at https://lawyerist.com/140153/baseline-security
About the Author
By Nyanza Shaw, Esq.
Branding has become a hot topic in all aspects of business in the last few years. In the past a law firm focused on their reputation. Your reputation is now your brand. Your brand is what people say and think about you. How are you presenting your services and how the target client or audience see them is what makes up your brand. Your brand consists of your name, logo, and other materials that you can control and present to the public. It is, like your reputation, tied to your work product and client satisfaction.
Marketing is an action. It is what you do to leverage your brand or educate people about your brand and what you do. You should engage in marketing activities to promote your brand to attract clients. Marketing can include your website, advertising, sponsorship, and networking. It can also include your activities and those of other members of your firm, such as writing articles and speaking on panels.
So while branding and marketing work together, they are not the same thing. A cohesive branding and marketing strategy can help you build your firm reputation and attract more clients, which should be the goal.
Here are a few steps to help you streamline your brand and determine the best marketing strategy for you and your firm:
By Susan Kostal
[Reprinted with permission from the author.]
In today’s job market, candidates need to put their best foot forward from the outset. Recruiter and founder of Rincon Search, Michelle J. Seifert of San Francisco, sees two types of candidates: those who understand their personal brand and their potential, and those who need help figuring it out.
“It’s helpful to know your own brand when you meet with a recruiter,” says Seifert, a former practicing attorney. “A good recruiter can help you maximize that brand, but you need to have a firm grasp of your transferrable skills.” This is especially key if an attorney is looking to do a career pivot.
To stand out in the job market and optimize one’s chances, attorneys need to know and communicate their core passion. In other words, you need to share not just what you do, but why you do it.
And I would argue that you need to do this before you even talk to a recruiter.
First impressions count, and while good recruiters will partner with you in developing your narrative, it’s a competitive market and attorneys need to be ready to hit the ground running. Your personal narrative helps set you apart from other candidates.
Attorneys know that they need a strong LinkedIn profile and resume tailored to the position, but knowing one’s personal brand and narrative can be elusive. Here are three tips to discover that.
1. Write a Passion Statement
This is a one-page first-person document in which you encapsulate why you get up every morning to do what you do. What do you love about your profession and career? What are your core values? What drives you? This isn’t easy, and will likely require several drafts, but it’s a valuable way to process.
2. Reread your LinkedIn Recommendations
Go back and read the recommendations others have written about you. If you had to take each and boil it down to two or three words, what would they be? These reflect how others see you and your strengths, which can sometimes be different than how we see ourselves.
3. Get a Focus Group
Ask three trusted professional friends to share what they see as your unique assets. What do you bring to a firm or organization that others don’t? How have they seen your career development, and what are their thoughts about your potential and trajectory? These will form the basis of the core message you want to communicate to recruiters and the market.
If these exercises don’t yield what you want and you’re having trouble encapsulating what makes you unique, consider working with someone with a journalism background who has written profiles. These skilled interviewers and writers are expert in communicating what makes a person tick, and can do so in an engaging manner. Hiring someone to help with your passion statement will give you your talking points.
“Knowing your brand and passion is more important than ever,” says Seifert. “It behooves attorneys to put in the time and energy before hitting the job market.”
About the Author
The U.S. Government Publishing Office (GPO) launches a newly designed, user-friendly agency website for customers, vendors, Federal agencies, libraries, and the public looking for access to Government information, the latest GPO news, and GPO products and services https://beta.gpo.gov/. The beta site features a simple, mobile-friendly structure that connects the user in a more streamlined digital manner with GPO. Once out of beta, this site will replace the current site that was launched in 2009.
Some of the new features include: mobile friendly, improved internal site search, improved user experience, and easy access to GPO social media platforms. Visitors can submit general feedback at www.surveymonkey.com/r/betagpodotgov
Anne R. Bernardo, Director, Tulare County Public Law Library
221 S. Mooney Blvd., Rm. 1, County Courthouse, Visalia, CA 93291-4543
voice (559) 636-4600; fax (559) 730-2613
By Peter N. Brewer
If you happen to live in or near Palo Alto, you may have found yourself wandering down University Avenue, lost in thought when you are abruptly brought back to consciousness by a cheerful greeting from a robot (or two) standing on the sidewalk in front of the Suitable Technologies, “Beam”, store. This expensive storefront on Palo Alto’s main shopping avenue is staffed entirely by robots – not a single human employee to be found – in a way like shopping at Fry’s Electronics, except the Robots talk to you.
The robots are a mix of the two models of the Beam telepresence robots, the Beam, and the Beam Pro. Each is somewhat like a large i-Pad7 mounted atop a motorized pedestal that can be driven by its remote operator, and running two-way video conferencing in realtime. The Beam can be controlled by its operator using a desktop, laptop, tablet, or even smartphone, so long as the operating device itself has a camera (in order for the operator to be seen by his or her audience) and there is wireless Internet at both ends.
I live near Palo Alto and my office is in Palo Alto, so as of a year ago I had been confronted by, and intrigued with, these robots for well over a year and decided to purchase one for my office. Why, you ask? Why do you need one? If you are asking those questions, you are clearly not a gadget freak. We gadget freaks know, gadgets do not require rationalization or justification. They have intrinsic value as a gadget, and are thus worth the “investment.”
I usually begin my work day from my home office, and eventually trickle into the office when my vital life signs become detectible, around 10:30. So, for the first hour or two of the day I am somewhat unavailable to my office colleagues and staff. Some days I choose to work from my home office all day, and while I felt having a Beam robot with which to motor around the office and check in with my colleagues would at least be fun, calling it necessary or essential might be stretching credibility, even among gadget freaks.
But once I was able to function at least as well as a reconstructed rutabaga I was able to check in at the office to confirm how totally unnecessary I am to its smooth and efficient functioning. The substantial amounts of titanium holding me together did not interfere with the functioning of the Beam, titanium being only paramagnetic and not ferromagnetic.
In recent years telecommuting has become a hotly debated concept, the debate having been brought to the forefront when Yahoo CEO Marissa Mayer decided to end telecommuting at Yahoo to boost collaboration and communication within the company. At the time many critics lambasted the policy reversal, calling it a step backward for workplace flexibility, flex options being the norm at many tech companies.
Since that time studies have shown that within limits people can be more productive working from home. But a lauded Gallup poll concluded that there is a point of diminishing returns. People who spend 50% or more of their time working off site are less engaged than in-office counterparts and people who spend all of their time working remotely are twice as likely to feel disconnected from their work. CEO Mayer defended her policy decision by acknowledging that "people are more productive when they're alone," adding "but they're more collaborative and innovative when they're together. Some of the best ideas come from pulling two different ideas together."
Marissa Mayer never asked me, but I would have told her that anecdotal evidence has convinced me that misunderstandings and disputes are often borne or nurtured in the Petri dish formed by the absence of human interaction. Reflect back to when you had roommates, passing in the night and rarely connecting. Minor housekeeping infractions festered into misdemeanors by the time you could actually have a face-to-face conversation to address them.
Using the Beam overcomes some of the philosophical resistance to telecommuting. It allows the remote worker to be spontaneously and instantaneously connected with colleagues, little different from being there physically. I can say with conviction that a brief virtual face-to-face conversation with one’s work family is far more rewarding, satisfying, and intimate-feeling than a phone conversation. I still Beam into my office most mornings and other times when I am not physically there. It is nice to see the smiling faces and enthusiastic co-workers, and immediately after I “Beam out,” I am left with the warm sensation of having actually visited these people that I genuinely care about. Sometimes I Beam in even when nobody is there, just to reassure myself that no hordes of goths or vandals are marauding and plundering my office building.
Will my readers kindly indulge me an abrupt change of topic without any catchy segue whatsoever? Well, I am still on the topic of robots, namely, computerized autodialers, affectionately known as “robocallers.” Who among us has not experienced the unmitigated joy of these uninvited and unwelcome dinner companions? Well, I am here to offer you a solution. It’s called “NoMoRobo.com,” as in No More Robocalls. And, to borrow a page from Ron Popeil, “But wait, there’s more.” This service is free. Free as in senza addebito, sin bateria, gratis. At least for landlines. It’s $1.99/month for cell phones.
What does it do? It intercepts robocalls after one ring and routes them to trash. A legitimate caller will get instructions on how to make his or her call go through. The only hitch is that you must have some form of VoIP phone line. I gave up my POTS line perhaps two years ago and switched to U-Verse specifically so that I could be eligible for NoMoRobo, and I have never regretted it. Xfinity and many other varieties of VoIP are also eligible. I am so delighted with this service that last Christmas, as I was writing out my annual charitable giving checks, I sent an unsolicited contribution to NoMoRobo because as I reflected on my charitable giving, I was struck by the fact that NoMoRobo has done more for the quality of my life than any other service or person that I could think of, aside from the amazing team at the orthopedic trauma center at Stanford Hospital. So, give NoMoRobo.com a look, and then don’t robo call me to thank me or you’ll wake up to my Beam knocking at your door in the dead of night.
About the Author
Peter N. Brewer has been a lawyer for over 35 years, and is also licensed by the California Bureau of Real Estate as a real estate broker. Peter started his own firm in 1995. The firm has grown to six attorneys, practicing real estate and mortgage lending law. The firm serves the legal needs of homeowners, purchasers and sellers, real estate and mortgage brokers, agents, brokerages, title companies, investors, other real estate professionals and their clients. Peter and his firm also represent clients in debt collection, creditor representation in bankruptcy, breach of contract, and other litigation and transactional work.
Peter obtained his Juris Doctor degree from the University of Santa Clara Law School in 1979 and is also licensed to practice law in all State and Federal Courts in Idaho and certain Federal Courts in Michigan and Iowa (and probably in other states he no longer recalls). He loves dogs, hates kids, and is generally considered to have an insufferable disposition. His mother loved him, but she died.
Peter N. Brewer, Esq., Law Offices of Peter N. Brewer
2501 Park Blvd, 2nd Flr., Palo Alto, CA 94306
(650) 327-2900 x 12
The new website for The State Bar has been “rolled out.” The redesign of the website has been in process for several months. Take a moment to reacquaint yourself with the website at http://www.calbar.ca.gov. The layout is very different and it may take you a moment to locate what you are looking for (and which you found easily before).
The State Bar of California is calling for comments on proposed amendments to Guideline 6.9 of the Guidelines for Accredited Law School Rules. The amendment would require California Accredited Law Schools to “provide the opportunity for students in the J.D. program to complete a minimum of fifteen (15) units of practice based skills and competency training.” The amendments would not require students to complete a certain number of units in competency training as part of the regular J.D. curriculum; only offer the opportunity to access those types of courses if they would elect to do so. This is your chance to weigh in on the proposed changes.
Deadline: June 16, 2017: Proposed Amendments to Guideline 6.9 of the Guidelines for Accredited Law School Rules
Do check the Public Comment section on The State Bar’s website for additional information and for new postings.
If you feel that the LPMT Executive Committee should submit comments on behalf of the LPMT Section members to a particular item out for public comment, please contact Amy Williams, Chair of the Rules Subcommittee at firstname.lastname@example.org.
PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Trustees of the materials published.
Editor, Michael Fenger, has announced that the following topics will be discussed in the June 2017 issue of The Bottom Line:
MCLE credit will be offered for at least one article in the issue.
Articles for publication are welcome. Send them to email@example.com or to Section Coordinator, Kristina Robledo (Kristina.Robledo@calbar.ca.gov), to be reviewed by the editorial committee. Obtain the Guidelines for submitting articles from the Section Coordinator.
Archived Articles: Archived issues of The Bottom Line can be found in the Members Only section of the LPMT website going back to October 2011. Prior to that date, you will find only a table of contents for past issues. Some past issues may still be available. Contact Section Coordinator, Kristina Robledo (Kristina.Robledo@calbar.ca.gov).
The Legal Marketing Association is the international authority for legal marketing, and the Bay Area is home to some of the most vibrant and valuable programs that LMA puts on.
One of the most popular annual programs that the LMA Silicon Valley local group produces is the Silicon Valley In-House Counsel Summit, where senior general counsel from top tech companies in Silicon Valley share insights about how lawyers and law firms can add value to the relationship between outside law firms and in-house counsel.
This year’s event is on Thursday, May 25th at 4:00 pm, with a networking mixer to follow (hors d’oeuvres, beer, & wine) at the Garden Court Hotel in Palo Alto. Complimentary valet parking is provided.
This year’s panelists are from ClearSlide, PayPal, Hewlett Packard Enterprise, and Tesla. Executive Committee member, Clayton Dodds, invites LPMT members and subscribers to register for a discounted rate ($20 off, originally $50) by using code LPMT2017. Register here: http://lmawest.org/event-2503256
Any questions, contact Clayton at firstname.lastname@example.org or (650) 327-2900.
Earn 12 Hours of Participatory MCLE Credit, Including Legal Ethics and Competence Issues. Much more planned, so save the date. Details will be published at Section Convention in the upcoming months.
Use hash tag #SecCon to stay connected and learn the latest.
The LPMT Section will be presenting the following programs:
Course #9 Friday, August 18, 2017 10:30 a.m. – 11:30 a.m.
Title: Using Technology in Trial to be Persuasive and Stay Organized
Description: There are more tools available today to captivate jurors than there ever have been. Today’s jurors expect more interesting evidence presentations in trial. Software can also be used to help organize cases during trial to give litigators an edge. This program will discuss tips for litigators and the tools that are available for high tech evidence presentations.
Speakers: Jeffrey Bennion and Perry Segal
MCLE Credit: 1.0 hour
Course #30 Saturday, August 19, 2017 1:30 p.m. – 2:30 p.m.
Title: Small Law Firm Marketing: What Works, What Doesn’t and Ethical Boundaries
Description: Marketing in a law firm is a process, not an event, requiring a disciplined and methodical approach. Small law firms cannot market in the same way as a larger firm. Learn how to develop your own marketing plan, refine it based on outcomes, and develop a consistent and productive pipeline, while staying within rules of ethical conduct.
Speaker: Peter Brewer
MCLE Credit: 1.0 hour (0.5 Legal Ethics)
The Education Committee is developing several webinar series for presentation. If there are any topics that interest you, let us know and we'll work on putting a program together for you. If you would like to contribute to an MCLE self-study article or a webinar, please contact the Education Chair, Jeff Bennion, at email@example.com.
The California Young Lawyers Association has assembled a series of mentoring videos which are posted at:
https://www.youtube.com/channel/UCNgOYDlJUcKSWB1GJEeqI5g/videos. New videos are being added all the time.
Videos by LPMT Executive Committee members/advisors are set forth below.
Neil Pedersen – Time Management for the Busy Attorney
Neil Pedersen – The Paperless Law Office: Using Technology to Maximize Efficiency and Profit
Mari Frank – Successful Negotiation and Mediation in Your Practice
Peter Brewer – Evolving Your Solo Laws Practice: Daring to Become a Firm
Perry Segal – Today’s Technologies and Maintaining Client Confidences 101
The hash tag for the CYLA Mentoring Videos is, #10MinuteMentor, should you wish to retweet any of the videos.
View the Online CLE catalog to find webinars and programs presented by the LPMT Section or which contain practice management topics. Also find articles from Section publications, including The Bottom Line, to obtain self-study MCLE credit.
Please provide your thoughts and suggestions to the Chair of the Education Committee, Jeff Bennion or LPMT@calbar.ca.gov. Let Jeff hear from you with suggested topics or a proposal to present a webinar or program.
In this issue we introduce Kevin Mooney, and welcome him to the Executive Committee.
Kevin J. Mooney holds the designation Arkfeld eDiscovery Advanced Specialist and is also a graduate of Georgetown Law’s eDiscovery Training Academy (2015). Kevin is a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization since 2004. After practicing Family Law in Los Angeles and Ventura Counties for over 16 years, Kevin relocated with his family in January 2014 to Orange County and joined the Family Law firm of Minyard Morris in Newport Beach.
Admitted to the California Bar in 1997 and to the Hawaii Bar in 2005, Kevin’s other advanced degrees include a Master of Business Administration in Financial Planning (2012) and a Master of Public Administration (2007); Kevin is also an alumnus of the ABA Family Law Trial Advocacy Institute (2003), the Advanced Family Law Trial Advocacy Institute (2007), and NITA’s Building Trial Skills Academy (2014).
Kevin currently serves with both the State and the Orange County Chapter for California’s Association of Certified Family Law Specialists, previously served on the certification grading panel for the California State Bar Board of Legal Specialization (Family Law), served for many years on the Family Law Executive Committee for the San Fernando Valley Bar Association and he has participated as a presenter on numerous Family Law continuing education panels.
In addition to his extensive legal education and experience, prior to entering the field of family law, Kevin worked for over 10 years in the manned flight aerospace machining industry and for over two years in residential lending.
Kevin’s reported cases include Marriage of Mclaughlin (2000) 82 Cal. App. 4th 327.
Kevin has been a Lead Presenter/Co-Producer for the following eEducation Seminars:
“ESI 2.0: Managing Electronically Stored information and E-Discovery in Family Law” Levitt & Quinn/Association of Certified Family Law Specialists (ACFLS), Malibu, CA (November 19, 2016).
“Checking In on Electronic Evidence in the Courtroom” Los Angeles County Bar Association (LACBA) 38th Annual Child Custody Colloquium, Universal City, CA (October 15, 2016).
“Special Needs and Electronic Evidence in Custody Litigation” LACBA Minor’s Counsel Training Program, Los Angeles, CA (October 8, 2016).
“The Digital Dilemma - Use of ESI in Family Law” The State Bar of California 89th Annual Meeting, San Diego, CA (October 1, 2016).
“Full Inclusion of Special Needs and Electronic Evidence in Family Law Litigation” American Academy of Matrimonial Lawyers (AAML) Retreat, Laguna Beach, CA (June 16, 2016).
“The 800 Megabyte Gorilla in the Courtroom: Syncing Electronically Stored
Information with Custody Litigation” AFCC Conference, Seattle, WA (June 4, 2016).
“Disturbing the Peace in an Electronic Age – Redefining ‘Abuse’ Under the DVPA” LACBA’s 48rd Annual Family Law Symposium, Universal City, CA (May 14, 2016).
“ESI Made Simple for Every Case” ACFLS Orange County Chapter, Costa Mesa, CA (April 15, 2016).
“Text, Mobile Devices and Internet: The TMI of ESI in Family Law Litigation” SFVBA Family Law Section, Encino, CA (March 28, 2016).
“The 800 Megabyte Gorilla in the Courtroom: Effective Integration of ESI & Social Media in Custody” Association of Family and Conciliation Courts (AFCC) Conference, San Francisco, CA (February 21, 2016).
“From Consult to Trial: Demystifying the Preservation, Collection and Presentation of ESI in Family Law” Levitt & Quinn/ACFLS, Hollywood, CA (December 5, 2015).
“Examining the Burdens and Benefits of Electronically Stored Information in Family Law Matters” Orange County Bar Association, Family Law Section (October 2015).
Kevin’s ESI specific publications include:
Contributing author and editor: Chapters 7 and 14 of California CEB “California Child Custody Litigation and Practice” State Bar of California (2017).
“ESI in Family Law: Our Digital Dilemma,” LACBA Family Law Newsletter, Volume 16, Number 5 (August/September, 2016), Co-Authored with Cari M. Pines, CFLS.
“ESI - The 800 Megabyte Gorilla in the Family Law Courtroom,” LACBA Family Law E-News, Volume 6, Number 2(August, 2015), Co-Authored with Cari M. Pines, CFLS.
Applications can still be submitted by members to serve on the Executive Committee of the Law Practice Management and Technology Section (LPMT). The Executive Committee is seeking members to step up and serve on the Executive Committee. The online application is available on the appointments page of the State Bar's website. The volunteer positions carry a three-year term. Submit your application today to join a group of very dedicated members working hard to bring information, educational opportunities, newsletters, etc., to the LPMT Section members.
For questions regarding Section requirements or how to become more involved in Section activities, please contact the Section's staff administrator or chair.
Chair: Peter N. Brewer, Palo Alto
Staff contact: Kristina Robledo 415-538-2467
2. The editor has also learned the former Executive Committee member, Timothy Waisanen, recently passed away. Timothy was the father of former Executive Committee member Carolyn Dillinger. Our condolences go out to Carolyn and her family during this difficult time.
3. Members, let us know what you are doing so we can include your activities and accomplishments in our next eNewsletter. Let us hear from you (LPMT@calbar.ca.gov).
The following benefits continue to be available to members of the LPMT Section. Make the most of your membership by using the following vendors who are offering discounts to LPMT Section members (listed below in alphabetically order):
For detailed information about vendor benefits, go to the Members Only Section under Special Offers and Discounts.
Law Practice Management and Technology Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105