Family Law News Executive Editor: Dawn Gray, firstname.lastname@example.org
Family Law News Editor: Stephen D. Hamilton, email@example.com
Publisher: Jason J. Elter, firstname.lastname@example.org
By David M. Lederman,
Chair of the Family Law Executive Committee
As we pass the midpoint of summer I hope everyone is setting aside some time to spend to heal thyself. As a practical matter, we as family law attorneys, often serve as our client’s tether to the rational. Their emotions are heightened and their decision making ability is frequently compromised. To effectively be that tether, we need to grounded and objective. It is easy in our practice to become emotionally enmeshed with our clients. It is easy to demonize the opposing party or counsel. Doing so, however, is unprofessional, and detrimental to our ability to advise and advocate for our clients. Being grounded and objective requires us to be healthy (physically and mentally). This requires us to take of ourselves. For me that means exercise and unlinking for vacations. It means setting up and respecting my boundaries between my work life, my family life and exercise. It is a delicate balance, but necessary for me. How do you stay grounded? I invite anyone reading this to send an email to the publisher describing how you stay grounded. Please send your comments to email@example.com - DML
Family Code Section 271 Applies Only to Parties of the Action
In re Marriage of William and Deborah Webb (Trope & DeCarolis, et al.) (Cal. App., June 13, 2017, B269311) http://www.courts.ca.gov/opinions/documents/B269311.PDF
Second District reversed a Los Angeles County trial court that granted Wife's former counsels’ motion for an attorney fee award against Husband under Family Code §271. It held that “section 271 does not authorize the court to award sanctions to non-parties, but rather is intended to promote settlement of family law litigation through shifting fees between the parties to the litigation.” Emphasis in original.
Law Firm Does Not Have Legal Duty to Obtain Consent of Former Firm Attorney Before Disclosing Attorney's Work Product
Tucker Ellis LLP v. Superior Court of City and County of San Francisco, and Evan C. Nelson (Cal.App., June 21, 2017, A148956) http://www.courts.ca.gov/opinions/documents/A148956.PDF
First District issued a writ of mandate compelling the trial court to vacate a summary adjudication order finding that a law firm had a legal duty to obtain the consent of an attorney who had previously worked at the firm before disclosing work product produced by the attorney while he worked there. It held that the firm, not the attorney, held the work product privilege under the circumstances of the case.
Plain Meaning of "Surviving Spouse" over Probate Code Definition
Marianne Irvin v. Contra Costa County Employees’ Retirement Association et al. (Cal. App., June 30, 2017, A149642) http://www.courts.ca.gov/opinions/documents/ A149642.PDF
First District reversed a Contra Costa County trial court’s holding that Wife was not Husband’s surviving spouse after entry of a judgment of legal separation for purposes of the statute governing entitlement to a deceased member’s retirement benefits. It held that the trial court improperly used the definition of “surviving spouse” from the Probate Code rather than the term’s plain meaning and that the Retirement Board “has not articulated any plausible public policy that would be furthered by the denial of continuance benefits in these circumstances.”
By: Avi Levy, Vice Chair of the Family Law Executive Committee of the State Bar of California
For a variety of reasons, all of our jobs are harder than ever before. Our court system has been given a tremendous task with virtually nominal resources. This is especially true for family law. Despite this, we do it. Sometimes we even do it well. One thing is for certain, we do not do it alone. Some of us are on the front lines, others behind the scenes.
On Wednesday, June 21, 2017, Carrie Robinson of San Bernardino County Superior Court was awarded the Family Law Executive Committee 2017 Court Staff Award at the San Bernardino County Historic Courthouse. Members of the local legal community, including supervising family law judge Hon. Michael J. Gassner, Hon. Teresa S.Bennett, incoming Chair of the Family Law Executive Committee of the State Bar of California (FLEXCOM) Avi Levy, CFLS, FLEXCOM Advisor Sherry Peterson, CFLS, FLEXCOM Legislative Liaison for the Inland Empire, Chandra L. Moss, CFLS, and members of the Family Law Section of the San Bernardino County Bar Association, all attended in Ms. Robinson's honor.
As Judge Bennett wrote in her nomination of Ms. Robinson, "She is instrumental in gathering all the needed information for committees to have the things needed in order to draft and propose policies and procedures. She works well with others, interfaces well with staff and judicial officers, etc. Carrie was a judicial assistant when I first went to Victorville in 2006 and she soon promoted to a supervisor. She is now a district manager for our court. She is very worthy of this recognition."
It was wonderful to see so many people turn out to honor Ms. Robinson for her achievement and to recognize her for her hard work. She has been a tremendous asset to the San Bernardino County Superior Court.
The Sections of The State Bar of California are pleased to present the 2017 Sections Convention – a networking and learning opportunity planned especially for California attorneys and legal professionals.
Friday-Saturday, August 18-19, 2017
Sheraton San Diego Hotel & Spa
1380 Harbor Island Drive
San Diego, CA 92101
You can now register online for this program.
This inaugural event is the new platform for the State Bar Sections’ stellar programs and events previously offered at The State Bar of California Annual Meeting.
Award Presentations and Receptions | Breakfast and Luncheon Events |
Program Partners |Schedule for Friday | Schedule for Saturday |
Hotel and Travel |Essential Information | Printable Brochure |
Mail / Fax Reg. Form | Register Online
Complete Information About the Sections Convention