CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association

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CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
A U G U S T   –   T W O   T H O U S A N D    T W E N T Y       O N E

CLIENTS’ EXPECTATIONS,
BILLABLE HOURS AND
SANITY
by David Shaneyfelt

Page 12

MARC D. ANDERSON      PRESIDENT'S MESSAGE                                               3
                      HAVE YOU HEARD?                                                   5
SARA PETERS           PUBLIC DEFENDER’S OFFICE PROVIDES MORE THAN CRIMINAL DEFENSE      10
                      CLASSIFIEDS                                                       15
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
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                   • Ventura County Superior Court, Retired                           • 35 Year Trial Attorney
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CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
AUGUST 2021 • CITATIONS 3

PRESIDENT’S MESSAGE
by Marc D. Anderson

I hope you are all enjoying your summer.         Scout on the other team say, “I could’ve
                                                 probably gotten the ball from him, but I
Bodie and I just returned from a week            didn’t want him to fall and BREAK A HIP.”
at Boy Scout camp. This was our third
summer camp together. Our first two              The Friendship Lodge has WiFi for the
camps were at Camp Chawanakee on                 adult leaders. The password is shared in
Shaver Lake outside of Fresno. This year we      whispered conversations. We had been at
were at Camp Big Horn at Circle X Ranch          camp two days when I asked someone for
near Lake Arrowhead.                             it. “Axl Rose dollar sign 25. Axl and Rose
                                                 are capitalized, I think, and there is a space
I love the simple routine of summer camp.        between them and before the dollar sign,
The opening and closing campfire, morning        I think.” I enter it - incorrect. I try ten
and evening flags, breakfast, lunch and          more times - change the capitals, change         At the closing campfire on Friday night
dinner together in the dining hall, merit        the spaces. Incorrect every time. I give up,     each troop puts on a short skit. We debated
badge classes during the day and free time       too embarrassed to ask again. Later that         for a bit on whether to do one of the
in the late afternoon. I walked a lot, read a    night I’m back in the Friendship Lodge           classics - invisible bench or gum balls - but
lot, napped a bit in the hammock, watched        determined to get online. I spy a counselor,     we decided to do our own skit that included
Bodie climb the rock wall and made new           certainly a reliable source. “Axl Rose dollar    the accordion and got the crowd involved.
friends.                                         sign 25.” Hmm. “How is Axl spelled?” I           The boys did a great job and the crowd
                                                 ask. “A-X-L-E.” I mention that I saw Guns-       loved it. I’ve posted the YouTube link on the
The best part of camp for me was getting         N-Roses in concert well before the staff         Ventura County Bar Association Facebook
to see the boys and girls being kids after       member was born and Axl Rose spells his          page if you want to see it. https://www.
more than a year of pandemic restrictions:       name A-X-L. He says “Axl Rose was in AC/         youtube.com/watch?v=jG3DH-HQNds.
singing goofy songs, doing the Polar Plunge      DC, wasn’t he?” My gasp quiets the room.
at 5:30 a.m., riding the zip line, playing                                                        Driving home was bittersweet. We all
                                                 “No, Axl Rose was in Guns-N-Roses.” “Are
Uno by lantern just before lights out, and                                                        laughed as we relived the week’s highlights,
                                                 you sure?”
buying sodas, candy and ice cream from the                                                        but eventually the scouts in my car were
trading post. I especially enjoyed hearing       I brought my accordion to camp. I played         texting friends, watching videos or listening
the muffled conversations in the tents           while the Scouts were at their merit badge       to music on their headphones. I was left
just before the kids fell asleep. Everything     classes and I had our campsite to myself.        alone with my thoughts. I thought about
seemed almost back to normal at camp.            I played at the empty amphitheater in            how fast my kids are growing up and about
                                                 the evenings. Some of the Scouts walked          how much I cherish these adventures we
At one of our troop bonding activities we        through the amphitheater on the way to           have together.
played another troop in soccer. It was hot       their campsites and would stop and listen.                           Marc D. Anderson is
and we were playing in a dusty horse corral      I played at the quad at night just before                            a lawyer with Hiepler
with a mostly deflated ball. I decided to play   quiet time while the staff finished up at the                        & Hiepler, APC, in
for a bit. I got the ball, drove to the goal,    office and Scouts and adult leaders walked                           Oxnard. He represents
and just missed outside. I didn’t score, but     to and from the showers. I am an amateur                             plaintiffs in personal
I felt good that I could keep up with these      accordionist, but it was fun to share music                          injury and wrongful
young boys and girls. Then I overheard a         with the kids.                                                       death cases.
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
4 CITATIONS • AUGUST 2021

         2021 VCBA
     BOARD OF DIRECTORS
                  OFFICERS
                  President
              Marc D. Anderson

                President-Elect
             Jacquelyn D. Ruffin

              Secretary-Treasurer
               Brian C. Israel

                Past President
             Kathryn E. Clunen

              Executive Director
              Sandra D. Rubio
  Linda K. Ash             Kata Kim
  Rachel Coleman           Louis H. Kreuzer
  Margaret J. Coyle        Monica O’Hearn
  Vanessa M. Frank         Guillermo“Bert” Partida
  Carla L. Hartley         Sara Peters
  Joshua S. Hopstone       Trevor M. Quirk
  Brian C. Israel          H. Frederick Seigenfeld
  Damon L. Jenkins         Kristine A. Tijam                                            Team Dembowski
  Stephanie A. Johnson     Lauren R. Wood                                               Ellyn Dembowski / Kellye Patterson
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              Wendy C. Lascher
                    Publisher

                                                     Mediation
              Sandra D. Rubio
                    Creative
                J.P. McWaters
   Ted Andrews              Sara Peters              Where common sense
   Alice Arnold             Rabiah A. Rahman
   Rachel Coleman           Mari K. Rockenstein      and the law intersect.
   Karen B. Darnall         Lauren E. Sims
   Panda L. Kroll           Kathleen J. Smith
   Carol Mack               Al Vargas
   Michael McQueen          Richard Walton           Business / Contract                             Personal Injury
                                                     Employment                                      Oil & Gas
  CITATIONS is published monthly by the
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  Ventura County Bar Association. The articles
  in CITATIONS are the views of the authors,
  and should not be construed as legal advice.       Gisele Goetz, Esq., Mediator
  Every situation is different. Consult a lawyer     Hollister & Brace, a professional corporation
  if you need legal advice.

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 VCBA                       CITATIONS
 4475 Market St.            5425 Everglades St.
 Suite B
 Ventura, CA 93003
                            Ventura, CA 93003
                            t: 805.644-7188
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 t: 805.650.7599            f: 805.644-7390
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 www.vcba.org
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
AUGUST 2021 • CITATIONS 5

HAVE YOU HEARD?

                   VENTURA                    NEW COURTHOUSE RULES                                               Deborah           Meyer-
                   SUPERIOR COURT                                                                                Morris has earned
                   SELECTS NEW                Fully vaccinated individuals are not                               a Masters Degree in
                   COMMISSIONER               required to wear masks, but those who                              Educational Leadership
                                              choose not to wear masks must self-attest                          and        Administration
                    The judges of the         that they comply with state and federal                            at Cal Poly San Luis
                    Ventura Superior Court    vaccination requirements. Others must                              Obispo. Meyer-Morris
                    have announced the        wear masks that cover nose and mouth                               is looking to start a new
selection of R. Paul Kawai as the court’s     within all public areas of the courthouse                          VCBA Disabled Lawyers
newest commissioner. Mr. Kawai is an          or courtrooms (but not in internal DA and      & Legal Professionals Bar Association. If
accomplished trial attorney with over 19      PD offices.) Masks with valves, neck gators,   you identify as a disabled lawyer or legal
years of experience. He will join the court   bandanas and handkerchiefs not allowed.        professional, and are interested please email
on August 3, 2021.                            Children under two years old and those         her at dmeyermorris@kdeklaw.com.
                                              with medical, mental health or disability
Kawai is currently a Senior Deputy Public                                                                       Ian Elsenheimer is
                                              conditions precluding masks are exempt                            joining Ferguson Case
Defender with the Ventura County Public       from the order. In the jury assembly room                         Orr Paterson, LLP as an
Defender’s Office, where he represents        and courtrooms people will be seated in                           associate. He will work
criminal defendants in all types of felony    every other seat.                                                 with the firm’s land
matters. Prior to that, he was proprietor
                                                                                                                use, transactional and
of his own law practice, the Kawai Law        Other courthouse changes: VCSC no                                 real estate departments.
Group, from 2010 to 2014, specializing in     longer requires public check-in outside the                       After Aug. 9, you
criminal defense.                             Hall of Justice. Civil matters will continue                      can reach Ian at
                                              to be heard on CourtCall only, unless          (805) 659-6800, ielsenheimer@fcoplaw.com.
From 2007 to 2010, he served as an attorney   otherwise ordered by the assigned judge.
with the Utah County Public Defender
Association, where he maintained a felony
caseload of approximately 200 cases per
year. Before that, he was a junior partner
with the law firm Esplin Weight from
2001 to 2006, litigating criminal defense,
criminal and civil appeals, domestic law
and tort matters.

Kawai served on the Governor’s Gang                                                                              Jeff G. Coyner, Mike
Task Force in Salt Lake City, Utah, from                                                                         M. Khalilpour and
2008 to 2011, which was charged with                                                                             Matthew T. Bechtel
the development and implementation of         Wendy Lascher flying with @Astro Katie,                            have been named
legislation and programs to reduce gang       Daughter of CITATIONS editorial board                              partners at The
related activity, crime and violence.         member Carol Mack.                                                 Green Law Group,
                                                                                                                 LLP. Coyner has
Kawai has been a Judge Advocate with                                                                             represented businesses,
                                              JHB Inns of Court resumes. Meetings
the U.S. Army Reserves since 2003. He                                                                            government entities
                                              will be the second Tuesday of October-
is currently Team Chief, responsible for                                                     and individuals in real estate disputes,
                                              November 2021 and January-April,
supervising and training a team of 16                                                        environmental matters, business and
                                              2022 at Sterling Hills Country Club. To
army lawyers, providing legal assistance                                                     insurance litigation and mass tort actions.
                                              renew or join, contact sandra@vcba.org,
to service members, and instructing                                                          Khalipour has represented and assisted
                                              (805) 650-7599.
commanders, officers, and soldiers in                                                        numerous businesses with identifying and
                                                                 Panda Kroll is Co-          implementing strategies to manage risk,
areas of military law. He also served as
                                                                 Chair of the national       protect against exposure, ensure regulatory
Command Judge Advocate with the U.S.
                                                                 Timeshare Litigation        compliance, and protect company assets
Army in Afghanistan from 2006 to 2007
                                                                 Group formed in             and business litigation. Bechtel is a
and is a recipient of the Bronze Star.                                                       civil litigator with extensive experience
                                                                 2021 by the American
                                                                 Association for Justice.    in ERISA (employee benefits) and general
Kawai is a graduate of Brigham Young
                                                                 For more information,       employment law. (805) 306-1100.
University and earned his law degree from
the J. Reuben Clark School of Law.                               contact Panda at
                                              pkroll@pandakrollesq.com.

.
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
6 CITATIONS • AUGUST 2021

      BAR LEADERSHIP

 ADR SECTION
 David Karen                                  498-1212
 ANIMAL LAW
 Emily Robinson                               497-7474
 ASIAN AMERICAN BAR ASSOCIATION
 Jessica Wan                                  659-6800
 BANKRUPTCY
 Michael Sment                                654-0311
 BARRISTERS
 Frederick Seigenfeld                         254-2777
 BENCH-BAR RELATIONS COMMITTEE
 Hon. Matt Guasco                             256-4972
 BLACK LAWYERS ASSOCIATION
 Damon Jenkins                                644-7188
 BUSINESS LITIGATION SECTION
 Erik Feingold                                644-7188
 CITATIONS
 Cari Potts                                   644-7188
 Wendy Lascher                                659-6800
 CLIENT RELATIONS
 Michael Christiano attorneymichaelchristiano@gmail.com
 COURT TOUR PROGRAM
 Thomas Hinkle                                656-4223
 CRIMINAL DEFENSE BAR ASSOCIATION
 Doug Ridley                                  208-1866
 DIVERSITY BAR ALLIANCE
 Jill Friedman                                644-7188
 EAST COUNTY BAR
 Doug Bordner                                 644-7188
 EMPLOYMENT LAW
 Rabiah A. Rahman                             626-8337
 FAMILY LAW BAR
 Amy Van Sickle                               642-7070
 IMMIGRATION LAW
 Vanessa Frank                                641-9300
 INTELLECTUAL PROPERTY
 Peter Veregge & Rebecca Makitalo             496-1164
 J.H.B. INN OF COURT
 Panda Kroll                                  551-0773
 JUDICIAL EVALUATION COMMITTEE
 Linda Ash                   lindaash99@gmail.com
 LAW LIBRARY COMMITTEE
 Eileen Walker                                444-6308
 SOGI ALLIANCE
 Mickye Coyle                                 662-1716
 NATURAL RESOURCES SECTION
 Kate Neiswender                              649-5575
 PROBATE & ESTATE PLANNING SECTION
 Amber Rodriguez                              643-4200
 VCLA, INC.
 Cesar A. Libanati            support@vclegalaid.org
 Managing Attorney
 VC TRIAL LAWYERS ASSOCIATION
 Richard Bredlau                              650-3100
 VC WOMEN LAWYERS
 Rennee Dehesa                                525-7104

 VCBA STAFF                               650-7599
 Sandra Rubio - Executive Director
 Nadia Avila - Associate Executive Director
 Deborah Tovar - Member Relations Assistant
 Brenda Bodie - CTP Coordinator
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
AUGUST 2021 • CITATIONS 7

   P R O B A T E , T R U S T & D I V O R C E R E A LT O R

JOSE LUIZ MORALES
                             #1 IN VENTURA COUNTY*
         Serving Ventura, Santa Barbara and Los Angeles Counties

                                  RESULTS MATTER
                The largest asset in your case deserves a proven expert

  DAYS ON
  MARKET         23                          5 STAR
                                           REVIEWS              100+                         CASES
                                                                                          SERVED IN    100+
   Market average: 70 days                  **Yelp, Zillow, Google & Facebook                   Market Average >5

805 387 9333
DRE #01891119                *Based on listings sold in 2017. ** Source VCCAR 2017
                                                                                     MORALES GROUP
                                                                                     REAL ESTATE ADVISORS

                    Welcome Susana Cruz!

         Quirk Law Firm is pleased to announce Susana Cruz joined
                      the firm as an associate attorney.
         Susana was born and raised in Santa Barbara. She is fluent
           in Spanish. She has a 12 year old daughter who loves to
           dance flamenco. She loves to hike, spend time with her
         family and travel outside the U.S.A. She has experience in
           worker’s compensation law, family law, criminal defense
                           and personal injury law.
               Susana will focus on personal injury litigation.

                     877 S. Victoria Ave., Suite 111, Ventura, CA 93003 | 805-650-7778
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
8 CITATIONS • AUGUST 2021
CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
AUGUST 2021 • CITATIONS 9

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CLIENTS' EXPECTATIONS, BILLABLE HOURS AND SANITY - Ventura County Bar Association
10 CITATIONS • AUGUST 2021

PUBLIC DEFENDER’S
OFFICE PROVIDES MORE
THAN CRIMINAL DEFENSE
by Sara Peters

We all know the Public Defender’s Office           property theft offenses as misdemeanors.         the court and represent them through that
provides legal representation for indigent         (They could previously be charged as             process, which could potentially involve a
persons charged with a crime. But did you          felonies or misdemeanors.) Persons               hearing.
know about the other services it provides?         interested in applying to reclassify an
Ventura County’s new Public Defender,              offense covered by Proposition 47 should         Eliminating Criminal Administrative Fees
Claudia Bautista, explains that her office         call the Public Defender’s Office at (805)
offers several services and resources aimed        662-6522 or (805) 654-2449 to speak to a         Did you know that, until July 1, California
at alleviating the collateral consequences         Prop 47 law clerk – before the deadline of       counties and courts would charge fees for
of arrest, conviction and imprisonment.            Nov. 4, 2022.                                    things like being arrested and having a
It also provides legal representation for                                                           public defender represent you in court?
persons involuntarily committed to mental          Proposition 64, which passed in 2016,            And that’s just the beginning. According
institutions and those who seek to challenge       reduced the punishment for many                  to the Debt Free Justice California flyer
mental health conservatorships.                    marijuana-related offenses. To apply for         Bautista gave me, counties used to charge
                                                   the reclassification of a marijuana-related      for seemingly everything: arrest; booking;
Alleviating Collateral Consequences                offense from a felony to a misdemeanor, go       citation/release on own recognizance;
                                                   to the Prop 64 Quick Link on the Public          registration for court-appointed lawyer; cost
Expungements                                       Defender’s website.                              of your court-appointed lawyer; probation
                                                                                                    or parole supervision; pre-sentence/
Having a conviction on your record can             Termination of Megan’s Law Registry              investigation report; jurisdictional transfer;
make it extremely difficult, if not impossible,    Requirement                                      home detention; electronic monitoring;
to get a job. And the consequences of                                                               interstate compact supervision; payment/
unemployment affect more than just the             Until this year, California was one of           installment plan; work furlough program;
individual with the conviction. Poverty is         only four states that required a lifetime of     home detention program; voluntary work
a leading cause of recidivism. The Public          registration on the Megan’s Law website          release program; and electric monitoring
Defender’s Office can help someone get their       for most sex offense convictions. As a           instead of bail or jail.
criminal record expunged – which allows            result, the online registry has become
them to truthfully state on job applications       overcrowded with low-risk offenders,             For the majority of people released from
that they haven’t been convicted (unless           which detracts the public’s attention            jail and prison – who are already at a
it’s a government job or one that requires         from the high-risk offenders we should           disadvantage when it comes to obtaining
a government-issued license). To get               be aware of. Additionally, managing a            housing and employment – being further
started, go to the Expungements section            registry that’s overwhelmingly diluted with      burdened by debt like this makes it nearly
of the Public Defender’s website, which            low-risk offenders isn’t the best use of law     impossible to get on their feet. What’s even
contains a link to an online form. Detailed        enforcement resources.                           more unsettling are the implications of
information and answers to frequently                                                               this for Black Americans and other racial
asked questions about expungements can             This January, Senate Bill 384 eliminated         minorities.
also be found there.                               the one-size-fits-all lifetime registration
                                                   requirement and replaced it with a three-        Thanks to Assembly Bill 1869, as of July 1,
Reclassifications                                  tier system. Tier 1 requires ten years           counties and courts are no longer allowed
                                                   of registration for those convicted of           to charge or collect the above-mentioned
The Public Defender’s Office can file an           misdemeanor or non-violent felony sex            fees. But certain, other fees can still be
application for reclassification to have a         offenses. Tier 2 requires twenty years           charged and collected. Bautista encourages
felony conviction for certain non-violent          of registration for the more serious and         anyone with questions about fees to call the
offenses changed to a misdemeanor on               violent sex offenses. Tier 3 requires lifetime   Public Defender’s Office.
someone’s criminal record. A felony                registration for repeat sex offenses and the
conviction carries more of a stigma than a         most serious sex offenses.                       Opportunities to Work Off Fines for Persons
misdemeanor conviction – and is thus far                                                            without Housing
more likely to stand in the way of housing         Beginning July 1, persons in Tiers 1 and
and employment. Another reason to apply            2 who have completed their ten or twenty         If someone is without housing and unable
for reclassification is it’s easier to expunge a   years of registration on the Megan’s Law         to pay off fines assessed for infractions or
misdemeanor than a felony.                         website may file a petition to request           certain misdemeanors that don’t carry
                                                   removal from the registry. For those             mandatory jail sentences, they have the
When Proposition 47 passed in 2014, it             who qualify based on income, the Public          option of working off the fine by performing
recategorized most drug possession offenses        Defender’s Office will file a petition with      community service or participating in a
and low-value (not exceeding $950)
AUGUST 2021 • CITATIONS 11

program like AA. To do this, they need           Public Defender’s Office paralegals will         referred to as an LPS conservatorship (from
to attend Homeless Court, which usually          help connect anyone – not just clients – to      the 1967 Lanterman-Petris-Short Act).
takes place during the last Friday of the        the resources they need. Their paralegals        This allows for involuntary mental health
month at a location that serves persons          can be reached at (805) 654-2201.                treatment and estate management. After a
experiencing homelessness. To apply for                                                           conservatorship petition is filed, a hearing
Homeless Court or get more information,          Protecting the Mentally Ill—and Those            is held. Conservatees can challenge the
call the Public Defender’s Office paralegals     Accused of Having a Mental Illness               conservatorship at or after the hearing with
at (805) 654-2201.                                                                                the assistance of an attorney from the Public
                                                 Persons charged with crimes aren’t the only      Defender’s Office. These conservatorships
Additional Opportunities for                     ones at risk of losing their freedom – so        expire after one year and cannot be renewed
Veterans without Housing                         too are those accused of having a serious        without another hearing. The Public
                                                 mental illness. When that happens, the           Defender provides representation at those
Persons without housing who are also             Public Defender is there to safeguard their      as well.
veterans have the additional option of           constitutional rights too.
attending Stand Down Court, which is part                                                         Help for Arrested Relative with Mental Illness
of a three-day event that generally occurs       Challenging Forced Medication
once a year in July. At Stand Down Court         for Involuntarily Committed                      When someone with a mental illness
fines and fees can be waived in exchange for                                                      is arrested, it’s unlikely they’ll get the
community service performed at the event.        When a person’s mental health disorder           medical treatment they need unless
Attorneys and law clerks from the Public         causes them to be gravely disabled, or a         someone informs the County Jail Medical
Defender’s Office can also help attendees        danger to themself or others, they may           Department (at (805) 654-3346) about the
obtain other resolutions, like case dismissal    be placed in an evaluation and treatment         mental illness and advocates on their behalf.
and expungement. The Stand Down event            facility for up to 72 hours. During this 5150    The Public Defender’s website contains a
also offers medical screenings, dental care,     hold (from section 5150 of the Welfare           helpful flyer entitled “My Arrested Family
psychological counseling, VA benefits and a      and Institutions Code), or any subsequent        Member Has a Mental Illness What Do I
variety of other social services.                hold, the patient cannot be forced to take       Do?” It also recommends preparing a fax
                                                 antipsychotic medication unless a hearing        to request that the person be screened for
Although this year’s Stand Down event was        takes place where a judge finds that they        placement in the mental health unit and
cancelled due to COVID 19, it’s possible         lack the capacity to refuse treatment. At        gives detailed instructions for doing so.
that a shortened version of the event,           the hearing, the patient is represented by an    The form is located in the Mental Health
featuring Stand Down Court, will happen          attorney from the Public Defender’s Office.      section of Public Defender’s website. (Look
later this summer or fall.                                                                        for Mental Health on the pull-down menu
                                                 Challenging Involuntary Commitment               under Services).
Alternative Sentences for Veterans               Over 72 Hours
                                                                                                  The Public Defender’s website contains
Veterans convicted of crimes they committed      If, at the end of a three-day 5150 hold, the     a lot of other useful information too. It’s
as a result of psychological injuries suffered   patient is still gravely disabled, or a danger   a great resource for their clients and the
in combat have the option of receiving           to themself or others, they can be kept          community in general. Learn more at
mental health treatment in lieu of serving       for up to fourteen additional days for the       vcpublicdefender.org.
a jail sentence. Veterans Court is the result    purpose of receiving intensive treatment –
of a collaboration between the Department        but only after a hearing. Bautista says the
of Veterans Affairs and Ventura County’s         Public Defender’s Office has a dedicated
Superior Court, Public Defender, District        attorney who represents patients in those                             Sara Peters practices
Attorney and Probation Department. The           hearings, which take place in courtrooms                              family law and civil
Public Defender’s Office represents veterans     located on the premises of Vista del Mar                              litigation in Ventura.
in this special court and connects them to       and Hillmont Psychiatric.                                             She has a background
services in the community.                                                                                             in employment law
                                                 Challenging Mental Health Conservatorships
                                                                                                                       and is a former special
Housing, Food & Other Community Resources                                                                              education       teacher.
                                                 Persons who are gravely disabled and
Bautista says anyone is welcome to contact       unwilling or incapable of accepting                                   She can be reached
her office to get help obtaining housing,        treatment may be placed on a mental                                   at (805) 200-7418 or
food, or other community resources. The          health conservatorship – sometimes                                    srp@peterslawgroup.com.
12 CITATIONS • AUGUST 2021

CLIENTS’ EXPECTATIONS, BILLABLE HOURS, AND SANITY
by David Shaneyfelt
This article is excerpted from Shaneyfelt, “Confessions of a Catholic Litigator,” 17 U. St. Thomas L.J. 111, 127 (2020); some paragraphs and
footnotes have been rearranged, and subheadings added. For the extensive references supporting this article, please see p. 13

                                                                                                 Greed or excellence?

                                                                                                 Who bears responsibility for this structure
                                                                                                 of sin? Everybody and nobody. Big budgets
                                                                                                 may or may not be set by greed. Lawyers
                                                                                                 may have a sincere desire to serve clients
                                                                                                 excellently, and billing attorneys may or
                                                                                                 may not bill high hours for the sake of
                                                                                                 greed, envy or power. Associate attorneys,
                                                                                                 for instance, have no choice; they are given
                                                                                                 billable minimums, and they will be fired
                                                                                                 if they fail to meet them. Partners may
                                                                                                 fare no differently. If a client wants advice
                                                                                                 about something first thing Monday, the
                                                                                                 lawyer will work all weekend to provide
                                                                                                 it. Everyone is responsible, and most are
Lawyers bill by the hour. The more hours          development obligations, and non-billable
                                                                                                 miserable. No Catholic litigator should
they bill, the more money they make.              and internal administrative matters. And
                                                                                                 want to be miserable. In theory, an all-
Lawyers also promise excellent services for       we are not counting time for chit-chat and
                                                                                                 consumed litigator might be able to
their clients, and excellent services typically   coffee breaks. (A friend tells me he “double
                                                                                                 practice the seven virtues – prudence,
require many billable hours. Clients who          bills” during bathroom breaks, because he is
                                                                                                 justice, temperance, courage, faith, hope,
want excellent services know this and             more productive there). Billing eight hours
                                                                                                 and charity – but those who do so are as
will pay those bills. When bills become           a day will only be done with early arrival
                                                                                                 rare as hen’s teeth.
predictable, law firms set budgets according      and late departure times and supplemental
to the predictions. They expect attorneys to      hours gained on Saturdays and Sundays.         The prize is more pie
meet those budgets through billable hours
requirements.                                     No life for the biller means trouble           As a Scottish proverb goes, he who loves
                                                                                                 the law will soon get his fill of it. This is
Budgets and billables                             High billable requirements mean one
                                                                                                 especially true for young attorneys on the
                                                  inescapable consequence: no life for
                                                                                                 track to partnership in big firms. A friend
Big budgets entail high billable requirements.    the biller. When one has no life, one
                                                                                                 of mine described the experience as trying
In 1958, the American Bar Association             becomes prey to the usual consequences
                                                                                                 hard to win a pie-eating contest where
recommended a 1,300 hour-a-year target for        – depression, infidelity, divorce, substance
                                                                                                 the prize for winning is more pie. This
attorneys. Today’s expectations exceed 2,000      abuse, health problems, early death,
                                                                                                 aphorism is now making its way into the
in most large law firms.                          suicide. Bar associations and mental health
                                                                                                 public domain.
                                                  professionals have devoted considerable
To put in perspective a 2,000 hour-a-year         attention to the growing problem of            A third alternative: live your life
target, consider that eight hours a day times     lawyer mental health. Several state bars
five days a week times fifty weeks a year         offer hotlines, public education and           Not surprisingly, litigators tend to be of
will reach that target, and leave an attorney     lawyer assistance programs; seven state bar    two kinds: those who die at their desks and
with a two week vacation. Consider further,       associations have added a mandatory mental     those who decide to leave them. I plan not
that such a goal will be reached if one is        health component to their continuing legal     to be the former.
willing to forfeit all nine of the customary      education requirements. A 2016 ABA
holidays (New Year’s Day, Martin Luther           survey of 13,000 lawyers found that 21                             David        Shaneyfelt
King Day, President’s Day, Memorial Day,          percent qualify as problem drinkers (a rate                        represents clients with
Fourth of July, Labor Day, Columbus Day,          more than triple the rate for the general                          claims against insurers.
Thanksgiving and Christmas). Consider             population, and nearly double the rate for                         He practices with The
further the day or two required to fulfill        other highly educated professionals); 28                           Alvarez Law Firm in
continuing legal education courses.               percent struggle with depression; and 19                           Camarillo.
Consider days for illness, birthday parties,      percent have symptoms of anxiety. “[T]he
funerals and inescapable social obligations.      likelihood of depression is 3.6 times higher
Consider time needed for firm meetings            for lawyers than other employed people.”
and retreats, department meetings, client
AUGUST 2021 • CITATIONS 13

References

•     1958 requirements (Ronda Muir,                         • Mental health assistance (See Debra            • Scottish proverb (Cordry, The
A Short History of the Billable Hour                         Cassens Weiss, State Bars Battle Lawyer          Multicultural Dictionary of Proverbs: Over
and the Consequences of Its Tyranny,                         Depression; Legal Profession Ranks Fourth        20,000 Adages From More Than 120
LAW PEOPLE (June 18, 2007), http://                          in Suicide Rate, ABA J. (Jan. 22, 2014, 11:45    Languages, Nationalities, and Ethnic Groups
w w w. l a w p e o p l e b l o g . c o m / 2 0 0 7 / 0 6 /   AM),        https://www.abajournal.com/news/     (No. 10429).)
articles/profitability/ashort-history-of-the-                article/state_bars_battle_lawyer_depression_
billable-hour-and-the-consequences-of-its-                   legal_profession_ranks_fourth_in_suicid.         • Aphorism (See Sara Randazzo, Being
tyranny.)                                                    [sic].)                                          a Law Firm Partner Was Once a Job for
                                                                                                              Life. That Culture Is All but Dead, WALL
• 2000 hour expectation (See Law Firm                        • ABA survey/likelihood of depression            ST. J. (Aug. 11, 2019), https://www.wsj.
Hours—the Real Story, ABOVE THE                              (ABA, Profile of the Legal Profession            com/articles/being-a-law-firm-partner-was-
LAW (July 24, 2012, 1:30 PM), https://                       59 (2019), https://www.americanbar.org/          once-a-job-for-life-that-culture -is-all-but-
abovethelaw.com/career-files/law-firm-hours-                 content/dam/aba/images/news/2019/08/             dead-1156536243.
the-real-story.)                                             ProfileOfProfession-total-hi.pdf; see also
                                                             Debra Cassens Weiss, Perfectionism,
• Real impact of billable hours ((For a                      ‘Psychic Battering’ Among Reasons for
detailed analysis of real-life impact of billable            Lawyer Depression, ABA J. (Feb. 18,
hours on lifestyle, see Yale L. Sch. Career                  2009, 3:40 PM) https://www.abajournal.
Dev. Off., The Truth About the Billable                      com/news/       article/perfectionism_psychic_
Hour (July 2018), https://law.yale.edu/sites/                battering_among_reasons_for_lawyer_
default/files/area/department/cdo/document                   depression.)
/billable_hour.pdf.)
14 CITATIONS • AUGUST 2021

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AUGUST 2021 • CITATIONS 15

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