The Marin Lawyer
An Official Publication of the Marin County Bar Association
V o l u m e 3 4 , I s s u e 9
Marin County Trial LawyersAnnual Judges DinnerThe Spinnaker, Sausalito
C A L E N D A R S
MCBA PAST PRESIDENT’S DINNER
Wednesday, October 8, 2003 at 5:30 p.m.
(W)Past President’s Dinner
(W) Speaker: TBA
Mark your calendars! On October 8, 2003, the Marin County Bar
Association will honor MCBA past presidents at a special evening membership
(W) Judge’s Lunch
meeting. For all of you who reminisce about the “good old days,” here is your
(Th) Holiday Party
Guest speakers will fondly remember the good old days and toast the past
presidents and the Directors who served with them. Please come to enjoy a funand informal evening with your colleagues. This event will be held at Giorgio’s
Restaurant, 300 Drake’s Landing Road, Greenbrae. No-host bar at 5:30 p.m.
speakers for the 2003 membership meet-ings. Look for details each month in
A professional photographer will be on hand to take a group photograph of
the past presidents in attendance. Each of the past presidents will receive aframed copy of the photograph in recognition of their service to the Marin Countylegal community and as a memento of the evening.
2 0 0 3 N O M I N A T I N G C O M M I T T E E
The 2003 Nominating Committee was established per the Marin County
Bar Association by-laws at the August Board meeting. The committee will re-
port to the Board by submitting a slate of officers and directors for the year
2004 term at the October Board meeting. The slate once approved by the
Board will be published in our next newsletter and voted on at our November
Change of Scene . 15The Market Place . 15
The members of the committee are: Steven Perl, Peter Flaxman, Paula
Carolyn Rosenblatt was guest editor ofthis issue of The Marin Lawyer.
Weaver, Deborah Breiner, Jeffrey Schoppert, Royda Crosland, and President-
elect Matt White, who chairs the committee.
I believe that membership and active participation is im-
M C B A T O H O N O R
portant because our justice system is important. It is really
P A S T P R E S I D E N T S
that simple. Our justice system survives and improves wheneach individual lawyer does his or her part. And most often it
By David F. Feingold, MCBA President
is the collective strength of a group that leverages the
Ragghianti · Freitas · Macias · Wallace
individual’s time, money, and effort into real action. As law-yers we join and participate in various organizations. There
are 410,000 members of the American Bar Association. There
cial evening membership meeting which will recognize and
are 192,000 members of the State Bar of California. In con-
honor Past Presidents of the Marin County Bar Association.
trast, there are approximately 700 members of the Marin
Mark your calendars for Wednesday, October 8, 2003, at
County Bar Association. From a pure numbers standpoint,
for what promises to be an enjoyable evening with
membership and participation on the local level is a more di-
your colleagues. A professional photographer will be on hand
rect way to have an impact in and on the justice system. In
to take a group picture of the Past Presidents in attendance,
Marin County the bar association serves, and strives to im-
who will each receive a framed and engraved copy of the
prove, the justice system every single day through its adminis-
photograph in recognition of their past service. A reservation
tration and support of programs and initiatives. For example,
form is in this edition of the Marin Lawyer.
we promote pro bono service by our attorneys through oursupport of Legal Aid and the Family Law Center. We sup-port equal access issues through our Lawyer Referral Ser-
There are fifty-five Past Presidents of our organization,
vice, Bias Committee, and our work with the Self Represented
and most of them are still active in the community. The ranks
Litigants Center. We lead public education campaigns on the
of those who have served include many current and former
importance of an independent judiciary and preserving our
members of our local bench, from retired Judge Sam
constitutional freedoms. We do this and much more.
(President in 1937 and at 100 years old, still living
in Marin) to the Honorable Lynn Duryee
All of these things are possible today through the collec-
tive efforts of the membership and the current directors, of-ficers, committees, and sections (and, of course, our dedi-
As I thought about honoring the contributions of the Past
cated staff!). However, it all started with the hard work and
Presidents, I thought, of course, about the relevance of the
contributions of others. All of the Past Presidents of our as-
local bar association. Who are we and why is it important for
sociation have, in sometimes subtle and sometimes not so subtle
lawyers to become members? Why should lawyers volun-
ways, left their mark on the organization and the local justice
teer their time on the Board of Directors, or serve on Com-
system. Marin County is, I hope, better for it.
mittees and Sections? Why should we recognize those whohave volunteered their service to the bar association in thepast?
The men and women who have served the organization
in the past deserve special recognition, and our thanks. Ihope to see you all on the evening of October 8, 2003.
It is true that our local bar association offers many mem-
bership benefits – a directory, a web site, CLE, the monthlypublication, opportunities to network – the list goes on. Butthat is not why a lawyer should join. And that is not why alawyer should become an active participant.
R E S E R V A T I O N F O R M - P A S T P R E S I D E N T S D I N N E R
(firm name) will attend on Wednesday, October 8, 2003,5.30 p.m. at Girogio’s in Greenbrae.
C O U N T Y B A R A S S O C I A T I O N
I enclose my check in the amount of@ $35.00 per person.
to serve as a liaison to the Marin County courts,
30 North San Pedro Rd, Ste 140 San Rafael, CA 94903
O R K A H O L I S M A N D Y O U : I S I T
we are as we get older, but how about the time before we are
H E A L T H Y ?
old? As time went by, I found that my direct observations ofpatients in my caseload were reflected in what was being
written in the medical literature about the effect of too muchwork and too little time to care for one’s health. Some ill-
From the first day you enter the practice of law, the value
nesses were beginning to be defined as “stress related” a
of hard work is thrust upon you. Ads for new lawyers fre-
significant part of the time. These included migraine head-
quently request “hardworking.” We tend to publicly praise
aches, hypertension, gastrointestinal ailments such as colitis,
those who work the most. Large firms reward those who
ulcer and irritable bowel syndrome, heart trouble, chronic pain,
have billed the most hours with promotions and partnerships.
skin ailments, and various others. Research was done, and
Our society itself, founded by those for whom hard work was
though not at all conclusive of a 100% causal relationship,
considered a moral or religious virtue, values the hardworking
stress was found to be a major factor in a very large number
individual. Working to excess may be the only addiction our
of people demonstrating symptoms in these categories.
culture condones and praises. After all, hard work is good for
What to do? One can’t avoid stress. It is built into the
workday. Having had the benefit of seeing how people got
Perhaps it is not as good as you think. If I may share
sick and stayed sick, I was determined I would not fall victim
with you the perspective of a former public health nurse, I
to the syndrome of stress-related illnesses. When I changed
have a few ideas gathered from my ten years in the trenches
careers and began practicing law, there I was: first one in the
with roughly 10,000 patients. We observed a lot of patients
office in the morning, and last one home at night. Carrying a
who had worked hard over a period of many years. I saw
briefcase around all the time with more work to do at home.
them with all their illnesses and regrets. From the ones who
Stomach aches, trouble sleeping, eating on the run, all of it. I
were dying, I learned the most. I concluded that there is most
certainly a point when overwork is plainly dangerous. For
Those 10,000 patients, each of whom was my teacher,
instance, I met patients who had “worked hard their whole
had had their lessons silenced by the culture of lawyering and
lives,” as their spouses told me. They never took breaks, and
the daily pressures of my new profession. Somehow, with
claimed that they had never been sick. They were dying of
the wakeup call of motherhood, I finally came to my senses.
heart disease. All those plans for retirement, when they would
I made some serious decisions about how not to fall victim to
finally rest, were now ruined by illness. Retirement savings
the three biggest killers in our country: heart attack, stroke,
were spent on doctors, hospitals and treatment. When a very
and cancer, at least not anytime soon. It’s about prevention,
ill person said “I’ve never been sick a day in my life,” I knew
of course, and living your life in prevention mode. Conscious-
it wasn’t true. They had been sick for years, but never rec-
ness of trying to be a healthy person, despite the work and
ognized the subtle signs of the insidious development of chronic
associated stress, is paramount. That can keep you on track.
It might also keep you from being the person dropped by the
When is working dangerous? When you have no time at
heart attack when this doesn’t run in your family. “He was so
all to tend sufficiently to the basic needs of your body and
young!” Aside from the worst killers, it would be nice to
spirit for rest, nutrition, repair, relief, exercise and socializa-
avoid chronic pain, nasty headaches, high blood pressure, and
tion. Though you do not see or feel it ( sometimes for years,)
the rest, as these might arise from overwork and lack of care
you will pay the price later on. Each person’s capacity for
for your health. We all want to be healthy, but who has the
neglect and even abuse of health is different. It can truly go
time? There is so much work at the office! Each of us must
on and on before the wearing effect of these things begins to
find a way to pay attention to the body and the spirit. Law-
emerge as breakdown of systems within. It isn’t just luck or
yers, I fear, live in their heads entirely too much. So, there are
good genes that differentiate those who spend their later years
many measures one can take, but in brief form, here are a
healthy and relatively pain-free from those who do not. It is
often attention to all the small things, day after day which
1. Take vacations. Sound simple? It’s not. The best
makes the difference. Though the body tries to right itself in
technique I’ve found is to put vacation in on the calendar for
the face of every harm we do to it, eventually, it shows the
next time when you are on it this time. That way, your entire
damage. Addiction to working is so consuming, and so dis-
next year or next few months will schedule around it, instead
of the other way around. Be prepared to pay the price of
As a young person, seeing people with every imaginable
extra pressure on leaving, and again on “re-entry.” It’s worth
illness or disability from cradle to grave, I began to “get it”
it. Your batteries recharge and you can work with renewed
that there was clearly a relationship between working so much
vigor until the next vacation. Besides, it forces you to orga-
as to ignore your health and having it break down. Of course,
nize work so you can leave. This is good.
our genetic tendencies play a significant role in how healthy
S T R E S S , W
O R R I E S A N D
— and following through — to go back to basics (i.e., exer-
S L E E P L E S S N I G H T S
cise regularly, establish regular sleep patterns, avoid exces-sive alcohol consumption, and to spend time with friends or
family members in pleasurable non-work related activities).
It turns out that the adage, “friends are good medicine” rings
We all experience stress in our lives. It may come
from work, relationships, or current events, and may manifest
Therapy is often useful. There are many types of
in many ways. This article will review common symptoms of
psychotherapy, from brief (e.g., 10 visits), to long-term insight
anxiety/stress and elaborate upon effective methods of man-
oriented psychoanalytic therapy (e.g., years of several weekly
visits). Many anxiety disorders respond to cognitive-behav-ioral therapy, where the focus is on changing behavior (and
mood) without delving deeply into the past emotional con-flicts.
Other kinds of therapy commonly used to treat anxi-
Anxiety disorders affect up to 1 in every 4 Ameri-
ety disorders include supportive work (e.g., values clarifica-
cans. There are several specific disorders (see
Table on p.
tion) as well as learning relaxation techniques such as breath-
5), with Generalized Anxiety Disorder (GAD), being a com-
mon and often undiagnosed condition.
GAD is a chronic condition (i.e. at least 6 months
duration) characterized by excessive anxiety and worry, rest-
lessness, fatigue, difficulty concentrating, irritability, tension,and/or sleep disturbance.
There are constantly new medications being devel-
Individuals with GAD often have other anxiety symp-
oped to treat anxiety. Although benzodiazepines (like Valium)
toms as well. In fact, about half of people with an anxiety
are still used, the first line for most anxiety disorders are much
disorder have another condition as well, such as depression,
safer, without the risk of developing a tolerance or depen-
alcohol or other substance abuse, or another anxiety disorder
(e.g., panic disorder, obsessive-compulsive disorder, or post
Medications in the SSRI family (Selective Serotonin
Reuptake Inhibitors) are very effective with most anxiety dis-orders, as well as depression (for which they were initially
developed). A closely related medication, Effexor, has simi-lar effects, and Buspar is mainly for anxiety without depres-sion.
Because stress is ubiquitous, most of us can look at
At the beginning of treatment many people experi-
the diagnostic criteria and identify common elements in our
ence some side effects (e.g., gastrointestinal upset, headache
lives. At what point does a condition become a disorder?
or change in sexual function), but these are usually mild/mod-
Current diagnostic criteria for most disorders clearly
erate and only transient. Of course, if the side effects are
require that the anxiety, depression, substance use, etc. causes
severe or persist beyond a few weeks, an alternative medica-
clinically significant distress or impairment in social, occupa-
tional, or other important areas of functioning (i.e., work, healthor relationships may be adversely affected).
If you, a client or loved one suspects an anxiety dis-
order, a good physical exam with the primary care doctor and
The first step toward well-being is acknowledgement
perhaps some blood work (checking thyroid, liver and kidney
of the problem. For many people this is the toughest obstacle.
function) is a reasonable place to start to rule out a medical
Denial may derive from fear of the unknown, embarrassment
over seeking help (admitting that we are all human!) or per-
Depending upon the level of distress and functional
haps a wish that the problem will go away on its own. Unfor-
impairment, the treatment may be more aggressive (e.g.,
tunately, without some form of intervention most anxiety dis-
therapy, medications, and lifestyle changes), or less so. If
there is limited progress after a month or two of intervention,
The good news is that there are effective interven-
a more intensive approach may be needed.
tions available. For many people, non-medication approaches
The good news is that anxiety is a very treatable con-
are the first step. These include making conscious decisions
dition and, once treated, quality of life can be greatly enhanced.
Prevention and early intervention are, of course, the ideal (longbefore burn-out occurs), but even severe, chronic anxiety canbe effectively managed.
Richard Goldwasser, M.D. is a psychiatrist in Mill
Valley, treating children, adolescents, and adults.
Table IAnxiety Disorders
Panic DisorderAgoraphobiaSpecific PhobiasSocial PhobiaObsessive-Compulsive Disorder
Post-Traumatic Stress DisorderAcute Stress DisorderGeneralized Anxiety DisorderAnxiety Disorder due to a medical conditionSubstance Induced Anxiety Disorder
Table IIMedication frequently used for Anxiety Disorders
Selective serotonin reuptake inhibitors(Prozac, Zoloft, Paxil, Lurox, Celexa, Lexapro)Serotonin-Norepinephrine Reuptake Inhibitors(Effexor, Remeron)Trazodone
Tricyclic Antidepressants(Anafranil, Imipramine)BusparBenzodiazepines(Klonopin, Valium, Xanax, Ativan)
M A N A G I N G C O N F L I C T I N A T O X I C
functional communication that escalates the conflicts. Cli-
O R K E N V I R O N M E N T
ents also are affected by the effects of a toxic environmentand communication with clients suffers, often leading to poor
Managing conflict within the work setting seems daunt-
ing given the complexity of the problems and their duration.
Often strained relations are the result of something someonesaid years ago that has never been addressed but that contin-
Stale coffee, old lunches, menus of nearby restaurants,
ues to impact every interaction. Managing conflict can im-
Co-workers frenzied, hearing but not listening,
prove the health of the organization by redirecting resources
Questions unanswered, files lost, no one has time.
toward more productive activities rather than toward sick time,disability claims, poor efficiency and high turnover. Conflict
management also improves the health of individuals through
the reduction of stress and the enhancement of personal ac-countability and engagement. Finding a cure for a toxic orga-
nization can involve the use of professional mediators to help
Who is right, who is to blame, who is on top,
unravel all the issues and rebuild the relationships. Short of
Even our conversations have become a competition,
assistance from outside consultants, there are many things
Strategically waiting for someone to take a breath,
that individuals can do to manage conflict within their own
area. Focusing on the development of working relationshipsis the first step.
For many law firms, the workplace has lost its bound-
Working relationships are those that have the ability to
aries. Work is carried out through cell phones, e-mail, tele-
deal with differences. Integrating differences of opinion and
conferencing, off-site meetings, and in-home offices. The
style can lead to a more creative team. Finding the means
continual exposure to work and the stress that it brings does
necessary for developing collaboration skills is essential. This
not allow for an escape or time to recharge. Relationships
can be challenging in the legal profession. Most attorneys are
with co-workers become strained and conflicts that could be
trained to compete, not to collaborate. The result is a com-
prevented escalate into disputes that add to the difficulty of
petitive work environment where everyone is watching out
practicing law. The practice of law is complex and there is a
for themselves rather than supporting each other. There are
great deal of interdependency and reliance upon those rela-
four key skills that are needed to manage conflict and work
tionships. Changes in staffing, organizational policies, court
more collaboratively. Mastering these skills will lead to the
rules, deadlines, technology, and information create an uncon-
development of functional work teams and less organizational
trollable environment that leaves many with a sense of uncer-
tainty and unmet needs. Due to time constraints, communi-
cation suffers and errors are made. The stakes are high and
emotions are constrained until they burst forth in an inappro-
priate manner further damaging fragile relationships. In small
firms, these relationships are even more crucial to the suc-cess of the firm.
Attempts to control the chaos through more structure,
more meetings, more hierarchy or more discipline only add to
Presence requires an ability to truly focus on the person
the conflict. Conflict within organizations is taken personally.
or task in front of you. With so many competing forces, it can
Despite a lack of intent on the part of others, often the culture
be difficult to quiet your mind and focus on who is talking or
of the firm propagates a sense of self-preservation rather than
what is happening. Presence requires an awareness of the
collaboration. Operationally, the firm’s culture may preserve
environment - of its physical, emotional, and intellectual com-
this toxic environment by perpetuating unclear reporting struc-
ponents. Presence leads to awareness of our own response
tures, unstated expectations, undefined roles, constant nega-
to that environment and how our response is impacting oth-
tive framing of individuals or groups, lack of focus on building
ers. Finding techniques for improving awareness or presence
working relationships, and lack of inclusion in key decision-
is the first step in decreasing conflict and becoming aware of
making processes. Over time, the systemic exposure to re-
how people are interacting with each other. Breathing, stretch-
peated “attacks” can leave individuals within the organization
ing, music, and building in transitions from one meeting to an-
feeling immobilized, rejected, angry, and apathetic. This can
other are focusing techniques that can improve presence of
lead to disruptive behavior, poor coping mechanisms, and dys-
offensive or feels attacking. Our first impulse is to attack
Typically, attorneys are terrible listeners. We listen for
back. Attacking their opinion or idea will not make them
facts, we analyze strategy and we plan our response. As
change it. Inviting dialogue to understand their opinion and
William Isaacs states, “the opposite of listening is preparing to
offering alternative facts or information may move them off
speak.” Truly listening requires setting aside the desire to ask
their position. Once they have discovered that their conclu-
questions, give advice, or to add information. One method for
sions may be wrong, helping them to look good by asking for
developing this skill is to force yourself to listen for at least 90
their new understanding can create a safe environment and
seconds without interrupting the speaker. Listen for what is
solidify the working relationship. An example of this is, “It is
important to them in the story they are telling. What are their
easy to see how given the information you had to work with,
interests, needs, values? Are they asking for help or just pass-
you came to that conclusion. With this new information, are
ing along information? What is the context in which they are
you thinking any differently about this situation?”
talking with you? Listening for understanding, without judging
Changing the culture of an entire organization takes much
or forming an opinion, can enhance communication, allow you
effort and time. Changing our own behaviors and how we
to solve problems more quickly, open you up to more creative
manage conflict personally can improve working relationships
solutions, and decrease conflicts associated with missed mes-
and decrease the stress and consequences of unresolved is-
sues. Developing capacity in the four basic skills described
above is a good step toward preventing and managing conflictand toward a healthier work environment.
As independent, autonomous, and sometimes controlling
individuals, attorneys have difficulty asking for help. We be-lieve that if someone comes to us with a problem, we must
Debra Gerardi, JD, MPH, RN, is President and CEO
solve it for them. This is unrealistic and creates a burden that
of Health Care Mediations, Inc., providing mediation,
cannot be sustained. Learning to share problem-solving through
training, facilitation, and systems design solutions for
reflective questions and by inviting participation not only builds
managing conflict in health care organizations. She can
teams and fosters personal accountability, it enables us to re-
be reached at email@example.com.
serve those components of problem-solving that are best suitedto us. Questions that enhance collaborative problem-solvinginclude:
“What would you like to see happen?”“What part of this project can you take on for us to meet
“What do you need in order to move forward?”“What does it look like?”“What would it take for us to work together on this?”These types of questions reflect responsibility back on
the other person and help to clarify what they need to be ableto work with you. Sharing responsibility for outcomes dis-seminates the decision-making, alleviates an undue burden onthose individuals who are usually responsible for taking onevery problem, and improves the likelihood that there will be abuy-in to the proposed solution.
Enhancement of Others
Making the other person look good seems almost anath-
ema to law school training. Tearing down your opponent towin becomes an art that is reinforced and rewarded. Unfor-tunately, it does nothing to build working relationships. Com-plex systems, like the legal system, operate through intercon-nections and linkages. The interdependencies we have oneach other necessitate good working relationships in order forus to survive within the complexity. Finding ways to make theother person look good, to save face, and to work with us is apowerful tool for managing conflict. Often perceptions ofothers lead them to communicate or behave in a way that is
PRESS RELEASE BY THE MARIN
M A R I N C O U N T Y B A R A D R S E C T I O N
P R E S E N T S . . .
COUNTY SUPERIOR COURT
Kelly (Vieira) Simmons
The next meeting of the MCBA ADR section will be
held at Noonan’s Bar and Grill, 2233 Larkspur Landing Circle,at 12 noon, Thursday, September 18, 2003.
Mediators are successfully using “Council,” a centuries-
old, tribal, problem-solving process, especially in highly emo-tional, multiple party, and/or multiple session situations, par-ticularly in family or community disputes. The Zilbers willdemonstrate an emotional conflict employing Council in aid ofmediation. Participants will have an opportunity to experi-ence directly the process as a method for inviting open-hearteddialogue.
The Judges of the Marin County Superior Court are
Maurice Zilber’s years of practice, 25 as an attorney
pleased to announce the appointment of Deputy District
and 7 as a mediator, have focused on complex commercial
Attorney Kelly (Vieira) Simmons as Court Commissioner.
and intellectual property issues. Barbara Zilber, after a 25-year psychotherapy practice, now provides life-fulfillment
[Editor’s Note: Deputy D.A. Simmons is slated to re-
coaching. They both moved from Boston to the Bay area
place Commissioner Greg Jilka on September 2, 2003. She
five years ago and were trained in the Council process by the
was chosen from a field of approximately 50 applicants.]
Ojai Foundation. They train as well as utilize “Council” intheir practices. Don’t miss this exciting opportunity to learnmore about the Council process!
Deputy D.A. Simmons has been a member of the Cali-
fornia Bar since 1990 and worked in the Marin County Dis-
Cost of meeting is $16.00 which includes choice of three
trict Attorney’s Office continuously since that date. During
entrees, non-alcoholic beverage, tax, and tip. RSVP to Sandy
this time, she has served as head of the sexual assault and
Marin (firstname.lastname@example.org, or 415-459-4106) or Elizabeth
child abuse unit for five years; and for the past three years,
McAdams (email@example.com, or 415-499-7731).
she has served as head of the child abduction unit.
This program has been approved for Minimum Continuing
Ms. Simmons is a graduate of San Diego State Univer-
Legal Education credit by the State Bar of California in the amount
sity (1986) and Pepperdine Law School (1989).
of one (1 hour) credit. The Marin County Bar Association, as an
approved provider, certifies that this activity conforms to the stan-dards for approved education activities prescribed by the rules and
For additional information regarding this press release,
regulations of the State Bar of California governing minimum con-
please contact the Office of the Court Executive at (415)
tinuing legal education. State Bar Provider #411.
(Workaholism continued from page 3.)
2. Walk. Keep walking shoes in the office, in your car,
N E W M E M B E R S
or wherever. Fifteen or 20 minutes can do wonders whenyou are ready to tear your hair (or someone else’s) out. Youdon’t have to be an athlete. Just get up and move. The work
will still be there when you get back. And you will finish it.
Your heart will thank you for the break.
3. Visit your friends. Talk to them. Lawyers are like
other professionals in that they often put friendships last. It’s
more important than you think to have conversations that do
not involve shop talk. It reduces the effect of stress andobsessive thoughts about that deadline, and might make you
laugh. Laughing is the best stress antidote ever discovered.
4. Eat good food, and not at your desk. There is no
virtue in fast food while working. Digestion is impaired. You
feel sluggish. Low fiber foods like fast foods increase yourrisk of colon cancer. Skip the worst ones altogether. Pep-peroni and double bacon cheeseburgers aren’t worth the healthprice - ask anyone recovering from a stroke or fighting heartdisease.
5. Give yourself permission to do nothing sometimes.
N O M I N A T I O N S S O U G H T F O R
Sitting quietly and practicing clearing your thoughts (medita-tion) is only about a 5000 year-old technique. Cardiac sur-
L A W Y E R O F T H E Y E A R A W A R D
geons recommend meditation to patients these days, as do
The Public Information Committee of The Marin County
many other doctors. It reduces heart rate and blood pressure,
Bar Association is inviting nominations for the 2003 Marin
and mitigates the damaging assault of stress on all body sys-
County Bar Association “Lawyer of the Year Award.” The
award is intended to honor an attorney who is a member of
6. Spend time with the people you love. It’s impossible
the MCBA, and whose multidimensional career includes
to have happy relationships unless you spend the time. The
achievements both within law and achievements which have
support of loved ones can get you through any stress on earth.
contributed to society at large. Relevant criteria for choos-
Cultivate them, so you won’t have to deal with stress by your-
ing the recipient include: long-standing excellence as a legal
self. People in healthy relationships live longer.
practitioner, as well as recent significant achievements in
The wisdom of my 10,000 teachers is reflected in many
the law; efforts toward public service, particularly in the Marin
current pieces of research on stress reduction and longevity.
community; demonstrated leadership; integrity; and profes-
Carolyn L. Rosenblatt, R.N., is Secretary of the Marin
Please submit your nomination by returning this form by September 15, 2003
, to the Public Information Committee,
c/o Marin County Bar Association, 30 N. San Pedro Road, Ste. 140, San Rafael, CA 94903, identifying the achievements
and qualities that make the nominee appropriate as Lawyer of the Year. For further information, contact Matt White at
NOMINATION FOR LAWYER OF THE YEAR: _____________________________________________
Submit your name if you wish to be contacted for further information:________________________________
Dear Member of the Marin County Bar Association:
Re: Application to become Officer or Director of the Marin County Bar Association
According to the By-Laws of the Marin County Bar Association, a Nominating Committee was chosen at the August Boardof Directors Meeting.
This committee will meet in late September and then make their recommendation for Officers and Directors for 2004 to theBoard at the October Meeting.
Election will be held at the November General Membership meeting.
If you wish to be considered as a director or officer, please complete the application below and mail to President-elect Matt
White, 1000 4th Fourth Street, Ste. 600, San Rafael, CA 94901. All applications must be received, in hand, by the close of the
business day September 15th
. If you wish to attach additional information, please do so.
I wish to become a director, the president, secretary, treasurer (please circle applicable position(s) of the Marin County BarAssociation.
Please state your qualifications: __________________________________________________________________
Please state your reason for seeking this position: _____________________________________________________
Applicant’s Signature: _________________________________________________________________________
I N T E R V I E W
L U I S A C A P R A
Q.: Are most of the attorneys on the panels just starting
A. No! Most are actually experienced attorneys and in
order to qualify to be on a panel the attorney needs to haveexperience in that field. The only exception is the Modest
Q.: Tell me what the Lawyer Referral Service does.
A.: We refer clients to attorneys in Marin County who
are registered with the referral service.
A.: It is a panel of attorneys willing to accept $175 per
hour with a retainer of $750. An attorney without experience
A: A half-hour consultation with an attorney in the ap-
can qualify for this panel as long as they have completed their
propriate fields for $35 - our administrative fee.
MCLE requirements. This way, people with limited financial
Q: So I call in and tell you I have a dispute with my
means can access an attorney and attorneys who do not have
the requisite experience to qualify for the other panels of the
A.: I do the intake - get the conflicts name and ask for a
Lawyer Referral Service can get clients and build their prac-
brief description of what the dispute is about. Then I check to
see which attorney who does landlord-tenant relations is next
Q: How many attorneys are members of the Lawyer
on the list, and call that attorney and set up the appointment.
Q.: OK. So if I meet with the attorney, after a half-hour,
A.: That’s between the attorney and the client. The
A. Yes! Particularly Landlord-Tenant, Labor and Em-
attorney is obligated to spend a half-hour with the client, and
ployment, Education, medical Malpractice and Insurance.
collect the administrative fee and I make certain that the cli-
These are panels which need more attorney participants.
Q. What other skills do you need from participating at-
Q.: So, if I want to retain the attorney, then that is be-
A. Bilingual skills. We could use people who also speak
Q.: What does the Lawyer Referral Service get if I do
Q. I know you enjoy working with people, right?
A.: 12.5% of collected billings (except Social Security
Q.: So what is the most satisfying part of your job?
which is 6% and Bankruptcy case for which no fees are col-lected). Also, each attorney who has qualified for our panels
A.: When I get a call back form a client thanking me for
pays an annual fee of $125 and an additional $25 for each
the referral and telling me the result. They tell me what ad-
additional panel that the attorney is on.
vice they got, that the problem was resolved and then I getcalls from attorneys who tell me that the client we sent them
Q.: How would an attorney become a panel member?
referred another case to them. That means what we do here
A.: They attorney would call me, Luisa, at 499-1813 and
is working both for our clients and the attorneys on the pan-
say, “Send me an application packet” and I send it out. The
attorney needs to complete the application and send them back
to me. I submit them to the Lawyer Referral Committee atits monthly meeting and the Committee approves, asks for
more information, or denies the application.
Richard Helzberg is a member of the Marin County
Q.: How many calls to you get every week?
Bar Association and serves on the LRS Committee.
A.: 25 to 30.
Q.: How long have you been working with Lawyer Referral?A.: 3 years.
Q.: Is the volume of calls growing?A.: Yes.
Q.: Some lawyers might think that the profile of the
typical caller is someone with limited funds. Is this true?
A.: Sure, some of them are. But some have become
clients of panel members and paid them substantial fees.
Q.: And how would you know?A.: Because we get the checks from the participating
attorney for 12.5% forwarding fees and in some cases they
C H A N G E O F S C E N E
FORTY-NINER SEASON TICKETS
(2) (good lo-
cation) for this year (parking) plus lifetime rights. $2,500.00
PRIME COURTHOUSE SQUARE
- Office and/or
conference rooms (one in suite, another for building tenants)
available for attorney to share in suite with two other estab-lished attorneys. Xerox Copier, Fax, secretarial space, park-ing, also available. Call (415) 457-8300, ext. 11.
& Office Administrator desired.
12-15 hrs/wk., for partner in Mill Valley law firm. Good sal-ary & work environment. Fax resume to (415) 332-6611.
available for litigation,
corporate, commercial, transactional work. Experienced, rea-sonable hourly rate. Michael (415) 491-1500.
Corner office on top floor
of tallest office building in San Rafael. Views of the Missionand Mt. Tamalpais from office. Views of bay, bridge andOakland from conference room. We also have a second largeoffice with views of the bay and city. This suite of 10 attor-neys enjoy luxurious furnishings and high quality finishesthroughout. There are receptionist services, library, coveredparking, high-speed copier and fax. The building also providesa second oversized conference room. (415) 459-2000.
EXECUTIVE BUSINESS CENTERS
- 700 Larkspur
Landing Circle, Suite 199. Join other attorneys at our facility;nicely appointed mediation/conference rooms, prestigious pri-vate offices w/flexible lease terms, complete office services.
Call Sandy at 464-4900.
OFFICE WITH A VIEW
- Smith Ranch area, San
Rafael office, 4 attorneys, nicely furnished and all amenities,conference room, excellent parking for tenants and clients.
Private office with or without secretarial space. Call Jim at472-4140.
conference room to meet
clients. Easy highway access. Plenty of free parking. Four
attorney office makes its conference room and address avail-
able to limited number of Marin solo’s who want a profes-sional environment in which to meet and greet clients. $150.00
14’ x 14’ SUNNY OFFICE
with shared reception area
(room for a desk) and covered parking, close to Civic Center.
desired as employer for exp.
certificated paralegal. PT/FT. Commute OK. (415) 897-9272.
ONE OR TWO OFFICES AVAILABLE
town San Rafael law office, possibly with secretarial space,
phone system, computers, desks, and reception and legal as-sistant services if desired. Price subject to negotiation, de-
pending, depending on services used. Call Tamara or Greg at
Copyright © 2005 by AMERICAN UROLOGICAL ASSOCIATION DOI: 10.1097/01.ju.0000158445.68149.38 A PROSPECTIVE, RANDOMIZED, PLACEBO CONTROLLED, DOUBLE-BLIND STUDY OF PELVIC ELECTROMAGNETIC THERAPY FOR THETREATMENT OF CHRONIC PELVIC PAIN SYNDROME WITH 1 YEAR OFE. ROWE, C. SMITH, L. LAVERICK, J. ELKABIR, R. O’N WITHEROW AND A. PATEL From the Department of Urology, St. Mary’s Hospital, London
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