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SPRING 2013
NEWSLETTER 
Our newsletter to keep you informed.
PRESIDENT'S MESSAGE  
By: Jennifer Lawton
Jen It is my great privilege to serve as the President of Fresno County Women Lawyers this coming year.  I was first introduced to the amazing men and women of our organization in 2009 during my final year of law school.  I was so impressed with the outpouring of encouragement and support while studying for the bar that I felt compelled to become further involved and offered to serve on the board the following year in 2010 as a Member at Large.  I served as Vice President for both 2011 and 2012 before accepting the nomination as President in 2013.  

 

Much of my life was a whirlwind in that time both personally and professionally.  In those three years I passed the bar, got married, bought a home, and started a family, all while trying to successfully cope with the responsibilities of being a new associate and chasing that ever elusive "billable hour."  Despite what I considered to be never-ending chaos, I felt very comforted by the fact that so many women within our organization had met similar challenges head on and somehow managed to be not only successful attorneys, but wives and mothers as well.  I feel grateful for the relationships that I have developed through Fresno County Women Lawyers and hope that I can use my time as President to perhaps help others who follow behind me in the same way.

 

The mission of FCWL always has been to promote the interests of the legal community at large and women in particular. In fulfillment of that mission, FCWL members are dedicated to ending gender and all discrimination, eliminating hostile work environments, promoting the appointment of female judicial officers, supporting outstanding female law students, and recognizing outstanding female high school mock trial participants. With advances in diversity awareness, we also are committed to supporting lawyers of both genders balance work obligations against family interests, acknowledging gender differences as sources of strength, and fostering respect for diversity in our bench, bar, and community.  This year I will be dedicating a some of our time toward helping Veterans within our community through programs such as Veterans Homefront, a transitional living facility for female Veterans and their children.

 

We offer a broad range of educational topics (for which MCLE is offered) at our monthly luncheons. To ensure we meet the educational needs of our members, we ask for your input about topics of interest. Because the social and marketing aspect of FCWL is important to many members, we also will host a cocktail party in the Spring and a Holiday Party in December. As in years past, we are delighted to collaborate in presenting our judicial reception this year honoring ALL of our female judicial officers, as well as the Hanson dinner to honor an outstanding female lawyer and a deserving female law student; and presenting the Elizabeth O'Neill Scholarship to an outstanding female high school student.  We look forward to your participation in the coming year, and the building of new relationships for many years to come.

FCWL ANNUAL JUSTICE DAVIS HANSON DINNER 

By: Prudence Hutton

Diana Dooley, California Secretary of Health and Human Services, was the keynote speaker at the Fresno County Women Lawyer's 23rd  Annual Justice Pauline Davis Hanson Dinner.  The annual event was held Nov. 1, 2012 at the scenic Fort Washington County Club.  The Hanson Dinner is held to honor the legacy of Justice Pauline Hanson who was the first women to serve on the 5th District Court of Appeals.  Professor Sally A. Perring honored the Justice Davis Hanson's memory with reflections of their work together.  Diana Dooley began her address also sharing her personal experiences with Justice Davis Hanson before she engaged the audience with insights of leading the monolith state agency and developing the foundations to implement President Obama's Affordable Health Care Reform. 

 

Dooley is a key figure in California's much-anticipated installment of the Affordable Care Act (ACA.)  She told her hometown audience that one of the biggest challenges to implementing the ACA is changing the way people think about managed care.  According to Dooley, the ACA is not revolutionary but is designed to improve the existing private-sector provision of care system already in place and moving from the fee-for-service environment to a care integration and care management system.  Dooley explained that the ACA is built on fairness where everybody uses health care, so everybody has to pay something for health care. And it is designed to create incentives to move away from paying for volume and toward paying for value.  She highlighted the elements of the ACA that poll very highly such as covering the uninsured, letting young adults stay on their parents' health plans, banning insurance companies from denying care to people with pre-existing conditions, requiring 85 percent of the premium to go to health care while warning that it was difficult to get to the truth about what the ACA provisions really are because of heavily charged partisan political atmosphere.

 

Governor Brown appointed Dooley two years ago to head the California Health and Human Services Agency (CHHS) that oversees 13 departments and numerous boards which provide a range of health care services, social services, mental health services, alcohol and drug treatment services, income assistance and public health services across the state. CHHS has nearly 33,000 employees. Dooley also directly manages a team of fiscal and program experts who advise  CHHS on budget, policy, legal and external affairs responsible for coordinating with other state agencies, the legislature, and the Governor's Office.   Dooley has overseen billions of dollars in budget cuts, realignment of county and state responsibilities including the building of a foundation for comprehensive reform that includes creating a statewide insurance exchange and launching multiple conversions from fee-for-service to managed care in Medi-Cal, California's Medicaid program.

 

Dooley is a 1995 graduate of the San Joaquin School of Law and received her undergraduate degree at UC Davis.   She serviced in Governor Brown's first administration as Legislative Secretary and Special Assistant until 1982.  Dooley was General Counsel to Central California Children's Hospital prior to being CEO of the California Children's Hospital Association.

 

The prestigious Justice Pauline Davis Hanson Award was awarded to Fresno Assistant Public Defender Elizabeth D�az.  UOP McGeorge School of Law 3rd year student Amy O'Neill UOP McGeorge School of Law was the Annual Hanson Scholarship Award recipient.  The event was held in conjunction with the Fresno County Bar Association.  

 

PHOTO CAPTION:  CHSS Secretary Diana Dooley (center) is greeted by Karen Lynch, former CWL 5th District Governor & FCWL President (left) and close friend Patricia B. Libby (right).  Libby is the sister of Karen Lynch. 

Photo by Howard K. Watkins  

 

FRESNO JOINS THE ONE BILLION RISING MOVEMENT 
By: Naureen Nalia



February 14th is commonly associated with Valentine's Day, flowers and heart-shaped boxes of candy, not domestic violence or sexual assault.

 

Vagina Monologues author Eve Ensler is trying to change the way people think of Valentine's Day. She founded the One Billion Rising movement, a global campaign devoted to ending violence against women and girls, and attempted a mass grassroots action on February 14, 2013. Coordinators in cities all over the world led women and men to form flash mobs and break out in dance routines in public places. While time differences made it impossible to coordinate it so that all the dances took place at exactly the same moment, the idea was for one billion people to spend five minutes forcing the general public to face the reality of domestic violence on a day that has been co-opted by Hallmark, fancy restaurants and red roses.

 

For several weeks, local Fresno residents trained to perform a routine choreographed by Debbie Allen for the Tena Clark song Break the Chains. Those who could not make it to the practice sessions, but who wanted to participate, could learn the routine through videos that One Billion Rising put on their website.

 

At approximately noon on Valentine's Day, when people began to congregate on Fulton Mall for CartHop, activists gathered near the food carts and played music, handed out flyers and held up signs to bring attention to violence against women. Then, halfway into the lunch hour, twenty to thirty men and women ran into the middle of the group and performed the dance.

 

The dancers were not aiming to put on a show; they wanted to be part of a movement that stretched from Asia and Australia to Africa, Europe and the Americas. They joined with women in developing countries who may not have been able to dance in public but who showed their solidarity in other ways such as wearing red all day in Bangladesh, performing plays about female genital mutilation in Egypt, or marching on Parliament in Afghanistan to protest the lack of protection for women.

 

The campaign did not end on Valentine's Day. Since then, a One Billion Rising email list has allowed local residents to organize more flash mobs in different parts of the city. Dances have been performed downtown and in the Riverpark area in Fulton Mall. For more information on One Billion Rising, or to find out when a flash mob is performing in Fresno, you can go to www.onebillionrising.org

 

Photos by Chris Schneider 

FCWL PRESENTS ELIZABETH O'NEILL SCHOLARSHIP TO OUTSTANDING FEMALE HIGH SCHOOL STUDENT 
By: Magi Fainer-Towne

 

On February 26, 2013 the Fresno County Office of Education hosted its 31st Annual High School Mock Trial Awards Dinner. As in the past, a representative from the Fresno County Women Lawyers was present to present the Elizabeth O'Neill Scholarship to an outstanding female high school student who participated in the County's Mock Trial Program. This year's recipient is Natalee Bachant, a senior at Clovis North High School.

 

FCWL's purpose in presenting this scholarship is to encourage young women to continue their pursuit of the law and public service through college and law school in honor of the late Elizabeth O'Neill. Mrs. O'Neill represented the epitome of dedication, hard work, public service, innovation, and leadership.

 

Elizabeth O'Neill graduated from Fresno High School in 1936. She was the first female Student Body President at Fresno High and was selected as the Outstanding High School Student in California by the California Student Federation in 1936. After receiving her Baccalaureate Degree in History from Fresno State University, Mrs. O'Neill entered the University of California, Boalt School of Law, in 1940. She was one of a handful of women law students in her class.

 

Mrs. O'Neill's legal education was interrupted by World War II when most of the male students and many the faculty members were drafted. Her legal education further was interrupted with the raising of five children. Finally, in 1969, she completed her degree and went to work for the Alameda County Probation Department, first running its Girls' Home and then as the director-founder of the Alameda County Family Court Services. In approximately 1982, she opened her own practice handling principally child custody cases and working 80 to 85 hours a week.

 

Upon her retirement in 1990 until her passing in September of 2007, Mrs. O'Neill continued her leadership role in her active pursuit of public service by helping to found Fresno's CASA and serving on numerous boards, committees and councils, including the Child Abuse Prevention Council and the San Joaquin College of Law Board of Trustees, as well as a member of the Fresno County Grand Jury.

 

FCWL honors Mrs. O'Neill's legacy by awarding Natalee Bachant the Elizabeth O'Neill Scholarship. Natalee began competing on the Clovis North Mock Trial team when she was in the 8th grade, which, according to her attorney coach Kevin Hansen (of McCormick Barstow LLP), she accomplished with distinction. During the ensuing four years, Natalee seized many opportunities to improve her own lawyering skills as well as providing additional lawyering opportunities for her entire team. In October 2011, Natalee secured an invitation for the Clovis North team to participate in an international mock trial  invitational in New York. Competing with students from across the United States as well as Europe, South America, and Australia, Natalee earned an individual ranking of second place for her role as lead prosecuting attorney. During her senior year, Natalee encouraged younger members of the team, including freshmen and sophomores, to improve their techniques so they all managed to compete in the County finals.

 

Natalee will attend UC Santa Cruz in the Fall, where she plans to major in legal studies.  She is not, however, waiting until the fall term to begin her studies. Rather, with the money she has earned (while attending high school) working, she intends to move to Santa Cruz during the summer and start taking prerequisite courses for her major. With this head start, as well as applying the credits from her 11 Advanced Placement classes, she also hopes to complete her undergraduate degree in three years so she can continue on to law school.

 

In Natalee's personal statement declares that she loves the law and sees her pursuit of it as a means of serving others as well providing a good life for her future children. She explains that part of her inspiration to become a lawyer stems from the difficulties her mother experienced as a single parent who wasn't even able to complete high school. Natalee describes a great deal of turbulence in her youth as financial difficulties befell her family. In her own words, Natalee states: "All of this instability has only reinforced my goals.  I know that if I can get an education I will have a tool in avoiding these disasters and will be able to lead others to do the same."  The Elizabeth O'Neill Scholarship will provide Natalee with $250 to help get her started.


CWL PRESIDENT SPEAKS ON 
FREELANCE LAWYERS IN FRESNO 
By: Prudence Hutton

Fresno County Women Lawyers was honored to have Eliza M. Rodrigues, the president of California Women Lawyers present a MCLE program on ALL YOU NEED TO KNOW ABOUT CONTRACT ATTORNEYS:  Freelance Lawyers and the Firms That Hire Them at the January 23, 2013 meeting at the Downtown Club.

 

As the Associate General Counsel & Ethics Counsel, Sedgwick LLP, a large San Francisco international litigation and business law firm, Rodrigues is well-versed and provided insights on how to set up a freelance practice as well as providing information for law firms wanting to hire freelance lawyers.  Rodrigues strongly suggested that the parties enter into a written and mutually-executed contract, which includes a description of the scope of the assignment, completion date, fees, malpractice insurance, and conflicts of interest (also addressing simultaneous freelancing assignments or hybrid practices).  The importance of evaluating conflicts of interest, along with adequate oversight and supervision of the freelance lawyer, were emphasized along with other ethical considerations such as restricting or prohibiting use of firm office space, email, phone and fax numbers, business cards, firm intranet and access to other clients' physical or electronic files.

 

Benefits of hiring freelance lawyers for solo practitioners, firms and corporate legal departments include reduction in costs to your clients or in-house legal department, reduction in write-offs and re-work, and an opportunity to observe work product before making a permanent hire. 

 

While exploring the risk management concerns of freelance lawyering, Rodrigues commented that being a contract lawyer continues to be an attractive options with the current state of the legal market, technological innovations, increased demand for a healthy work/life balance, and the departure from billable hours towards flat fees, freelancing continues to be an attractive option.

 

Rodrigues pointed out some of the various ethical and practice considerations for freelance attorneys and firm's hiring contract attorneys:

  •  The duty to preserve client confidences (California Rules of Professional Conduct Rule 3-100) is important for freelance lawyers to be mindful of as number of clients could be increasing and more confidences that will need to be protected; 
  • The duty to perform legal services competently (California Rules of Professional Conduct Rule 3-110) continues with freelance work.  
  • Maintaining an ongoing list of clients, matters, dates of representation, and subject matter for conflicts disclosure that should be given to the firm hiring you for conflict of interests checks which should be treated  like any new matter or client.
  • Notifying your professional liability carrier including firms agreeing to have a contract attorney covered by their policies. 
  • The need to disclose simultaneous freelancing assignments for conflict of interests considerations.
  • The need for oversight, direction and supervision of freelance lawyers, the cautionary tale in the recent  J-M Manufacturing Co., Inc. v. McDermott Will & Emory , a malpractice case decided last year. 
For more information, please contact Eliza M. Rodrigues at Sedgwick LLP, 333 Bush Street, 30th Floor, San Francisco, CA, 94104, [email protected].
WHY PROJECT FIRST STEP? 
By: Jamie Xiong-Vang

Are you looking for a way to get some trial skills? Get some exposure to the court room and make arguments before the Court?  Well, if you are, Project First Step (PFS) is perfect for you.  PFS is a project designed to provide attorney representation to victims of domestic violence.  This project has been around for almost a decade and has helped hundreds of victims of domestic violence and their families.  The project is a joint partnership among Fresno County Bar Association - Pro Bono Services Section, Marjoree Mason Center, Central California Legal Services, Inc. (CCLS), and Fresno County Women Lawyers (FCWL).  PFS was actually the brain child of past FCWL President, Deborah Coe, an attorney with Baker, Manock, and Jensen.

 

I know, you are probably thinking, "Representation in a family law case? I don't have any family law experience."  Well, that is ok.  The project is housed and managed by the Voluntary Legal Services Program (VLSP) at CCLS and is designed to allow attorneys with no family law experience to be able to volunteer.  VLSP puts on a training about once a year which provides PFS volunteer attorneys with all the information needed to represent a victim of domestic violence.  At your request, an attorney can also be matched with you to mentor you through the case. The courts are also very appreciative of PFS attorneys and do everything they can to ensure that PFS volunteer attorneys are given as much guidance as possible during the court proceedings. 

 

Yes, I know.  You have a very heavy case load and just can't find the time to volunteer even though you would like to.  This is why PFS is perfect.  The project is designed to allow you to maximize your court room experience while limiting the amount of paperwork you will need to prepare.  This is not to say that you will not need to prepare and work up the case for court.  However, your representation is limited to the initial request for the domestic violence restraining order.  Even better is that when you agree to represent a PFS client, the initial pleadings have already been prepared and filed with the court, the initial court date has already been scheduled, and service of process has already been completed.  VLSP will prepare the paperwork to substitute you into the case on a limited scope purpose, for one specific appearance only if that is your desire, and then prepare the necessary paperwork to substitute you out of the case after you make the appearance.  However, many attorneys find that after they have made the initial appearance with the victim, they want to continue to represent her through the entire proceedings, if additional court proceedings are necessary.  The project was designed this way so that you get to do what you do best...argue your case before the court.

 
So, I hope you will give PFS an opportunity.  The last training was held in January 2013 at the law firm of McCormick, Barstow, Sheppard, Wayte & Carruth.  There was a great turn-out of volunteer attorneys and advocates.  We hope that you will contact the VLSP and become a volunteer PFS attorney. You can contact Hilda Ramirez, legal assistant to the VLSP Supervising Attorney, at (559) 570-1247 or by email: [email protected].  

 
Pictured above from left to right are: CCLS Executive Director Chris Schneider, CCLS Pro Bono Assistant Coordinator Hilda Ramirez, former Voluntary Legal Services Program Director Jamie Xiong-Vang, Marjaree Mason Center Victim Advocate Rosie Lopez, CCLS Family Law attorney Linda Richardson, Judge Glenda Allen-Hill, and Magistrate Judge Michael Seng.
Photos by Howard K. Watkins 
SUPPORTING OUR HOMEFRONT!!!
By: Jennifer Lawton

 

FCWL has teamed up with HomeFront, a local San Joaquin Valley Veterans and Westcare program, which provides a transitional living facility for needy female veterans and their children here in the Central Valley.  Eligibility for the program pertains to homeless single female veterans, including those who have been affected by trauma, substance abuse, dual disorders, PTSD, and/or military sexual trauma.  The children of the veterans are also welcome at the facility.  The GOAL is to give back to our veterans by helping them achieve and maintain economic self-sufficiency.  The facility has eight apartments, and can house up 20 individuals. 

                  

Like so many of us who have found ourselves in need of help at one point or another, these women and their families are in need of some of the most basic things that we often take for granted.  When they arrive at the facility it takes several months before they are able to find some kind of financial footing making such things as transportation, appropriate clothing for job interviews and starting their educations difficult.  The following is a list of practical items that would go a long way in paving their road toward success:

 

            -Bus Passes

 

            -Paul Mitchell/Salon gift certificates for haircuts for interviews

 

            -"Pay As You Go" Cell phones

 

            -Vouchers for Am-Vets Store

 

            -Pepper Spray/Personal Safety Items

 

            -Suits and Other Work Clothes

 

            -Items for Children aged 1-18 years old- clothes, toys, etc.

 

            -Old Computer Monitors, Printers, Hard Drives

 

We would like to encourage our members to donate any of the above items in support of our Veterans to show our appreciation for their service to our country.  The FCWL Board of Directors will be sponsoring the Veterans currently in residence to attend our May Luncheon when Susan Shaw, Director of HomeFront will be speaking in greater detail about the program to provide you with an opportunity to meet these wonderful women.  Should you have any further questions about donations or other ways that you can help give back, please contact Jennifer Lawton at (559) 230-2600 or Susan Shaw at (559) 266-1169. 

 

NOTARY UPDATE
By: Laura Arnold
Many law offices employ a Notary Public.  Some Notary classes are currently advising that the process for new/renewing Notaries takes 6-8 weeks.  However, the process is taking longer.  

It is a good idea to take the class four months before the expiration of the Notary commission.  That way your office does not experience a lapse in service, and the Notary has ample time to file the bond with the county and have a new stamp made.

For more information about Notary services, processing times, and new rules and regulations, please visit the California Secretary of State website

ACT

FCWL HOLIDAY PARTY AT JUDGE WHITEHEAD'S


A BIG THANK YOU TO JUDGE DENISE WHITEHEAD AND HER HUSBAND, STEVE, FOR GRACIOUSLY HOSTING OUR HOLIDAY PARTY 
The Marjaree Mason Center is currently looking to employ a Staff Attorney.  Job Description:  provide holistic legal representation and services for victims of domestic violence, dating violence, stalking and sexual assault in Fresno County; prepare legal documents; represent clients in court; assist with volunteer training and management; advocate for clients with law enforcement and other agencies; provide training to other staff and the community; and participate in community and agency committees. Salary Range is $50-60,000 annually DOE, and provides health/dental insurance, paid vacation, holidays, sick leave, and 401k.  For more information, please 
visit the Marjaree Mason Center website or contact Marcus Martin 
at (559) 237-4706.
CALIFORNIA WOMEN LAWYERS
Become a Member of California Women Lawyers. California Women Lawyers maintains a primary focus of advancing women in the legal profession and provides unique resources and support to its members. If you're not already, please consider signing up today. If you are member of FCWL, the fee is $100, otherwise the fee is $150. Visit the website at https://www.cwl.org to apply. 


2013 Annual CWL Conference with Keynote Speaker - Nancy Pelosi

 

Date: Saturday May 4, 2013 @ 9:00 a.m. to 5:00 p.m.

 

Location: San Francisco, CA

 

 

CWL "So You Want To Be A Judge" Seminar

 

Date: Saturday, May 18, 2013 @ 10:00 a.m. to 3:00 p.m.

 

Location: UCLA School of Law

 

CWL 2013 Northern California Judicial Reception

 

Date: Friday, June 7, 2013

@ 5:30p.m. to 7:30 p.m.

 

Location: McManis Faulkner Tenth Floor, 50 W San Fernando St., San Jose

 

Please click here to register.
FCWL UPCOMING EVENTS!
MIXER
FLAG
JUSTICE SCALES
SPRING MIXER

The Spring Mixer will be held on April 24, 2013
@ 5:30 pm - 8:00 pm at
The Painted Table located at
1211 N. Wishon, Fresno. Please RSVP to Jennifer Lawton at [email protected].
 
 



 
MAY LUNCHEON
Come join us on May 29, 2013 @ 12:00 pm at the Painted Table located at 1211 N. Wishon Avenue, Fresno.  Our featured speaker is Susan Shaw, Director of Veterans Homefront, a transitional living facility for female veterans in the Central Valley.  Come find out how you can help support your local Veteran and hear their stories.  Please RSVP to Laura Bragg at [email protected].
11TH JUDICIAL RECEPTION  
Please join on June 20, 2013 @ 5:30 p.m. at Baker, Manock & Jensen as we honor ALL of our female Judicial Officers for their dedication and service to our legal community.  Hors d'oeuvres and drinks will be hosted.  For planning purposes, please RSVP by June 16, 2013 by calling or e-mailing Rebecca Medina at 
(559) 230-2600 or [email protected].
 
  
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 Newsletter Editors: Laura Arnold, Magi Fainer-Towne, and Rebecca Medina 
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