Making the Most of the 30 Minute Consultation with the Referred Family Law Attorney

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Time marches on, quickly for some, slowly for others. When referred by the Santa Barbara
Lawyer Referral Service to a family law attorney for a 30 minute consultation, it’s wise to make
the most of that time.

Consider your divorce case consultation, for example. Do you have minor children? Will
support for those children or support from/for your spouse be an issue also? Do you have an
ownership interest in a business? Is that business a sole proprietorship or some other form that
may have other owners besides yourself and your spouse? What about real property? How is it
titled? Do you and your spouse have a family trust? These are the types of issues that you may
wish to have the answers to before meeting with the family law attorney.

It’s helpful to bring your most recently-filed tax return (and corporation returns if filed
separately). Pay-stubs for you and your spouse are also helpful if you are both wage-earning
employees. Your tax return and a working knowledge of the cash flow you and your spouse may
enjoy (or not as the case may be) can be great tools in providing you with a ballpark figure of
what spousal support payable to you or by you might look like so you can prepare yourself
accordingly. Yes, you’ll need to begin thinking in terms of budget, both for you and your new
household, which may or may not include minor children.

If you have any type of co-parenting relationship with your spouse regarding your minor
child(ren), be prepared to articulate the amount of time your child(ren) spends in each spouse’s
care and what the custody or visitation arrangement (if there is one in place) looks like on a wall
calendar. While it’s important to have a percentage of time your child spends with you in mind
for purposes of calculating child support, saying “I want/have 50% custody” really doesn’t lay
out the day-to-day in your post-separation life, particularly in your child(ren)’s new normal.
Maybe one of the most useful documents you can bring is a chronology of events leading up to
and after your separation. If you have this typed up, bring a copy for the attorney to follow
along and make notes, as necessary.

In making the appointment, the attorney might request these and other documents. The above
is just intended as suggestions to get you thinking about the issues you may wish to discuss in
the 30 minute consultation. Come prepared to make the most of that time!

Please contact the Santa Barbara County Bar Association Lawyer Referral Service to find a
lawyer to help with your legal issue or to find out if you have a viable legal issue – (805) -569-
9400.

What is the Medical Injury Compensation Reform Act?

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In 1975 California enacted the Medical Injury Compensation Reform Act,
better known as MICRA. In a nut shell, MICRA sets a maximum award of $250,000
for pain and suffering in a lawsuit for medical negligence. That limit is for the entire
lawsuit, no matter how many plaintiffs are involved.

Not surprisingly, the main backers of the law are insurance companies. Their
argument was that health care costs were so high because doctor’s malpractice
insurance rates were high. It’s those nasty lawyers with their frivolous lawsuits and
runaway juries awarding huge amounts to plaintiffs who don’t deserve it.
It’s a tactic meant to distract attention away from those who created the
problem in the first place, the insurance companies themselves. The same tactic
was once commonly used by sexual predators who accused their victims of being
loose woman. “Don’t judge me, judge her.”

In the first 12 years after MICRA took effect, medical malpractice rates in
California were 8% higher than in states with no such law, and malpractice
insurance rates had increased 190%. (Medical Liability Monitor, 2001). While the
number of lawsuits has decreased and the overall amount of jury awards has
decreased, medical malpractice insurance rates and your health care costs have
skyrocketed. So too have insurance company profits.

Here is a real-life example of how MICRA works. (Names have been changed).
In 2015, Kelly Smith gave birth to her third child with husband Ray Smith. The
delivery was perfect, and the happy couple now had a 10-year-old, a one year old
and a newborn.

The following morning Kelly had a tubal ligation. The procedure started at
10:45 a.m. By noon Kelly was brain dead from massive internal bleeding. She died a
few days later. The lawsuit brought by Ray Smith on behalf of himself and his
children alleges negligence on the part of the surgeon and others.

The attorney representing the Smith family will get nothing if she does not
win. But she will shell out $50,000 in expenses before the case goes to trial, and she
will spend countless hours on behalf of her clients. If a case is truly frivolous, the
chance of success is small. Therefore, no attorney in her right mind will take that
risk, MICRA or no MICRA.

As for the Smith family’s emotional distress, if the lawsuit is successful the
jurors can award any amount they think is appropriate. Yet no matter how much
that is, the judge will have no choice but to cut it down to $250,000.
It gets worse. Kelly Smith was a stay-at-home mom. She could have worked,
but she chose to raise her children rather than hire someone else to do it. In the
eyes of the law, that has no value. Sure, Ray and his children can receive up to
$1,050,000 for the loss of Kelly’s household services: cooking, cleaning, laundry, etc.
(calculated at $14.37 per hour). But under MICRA, the emotional value of Kelly – as
mother to her children and wife to her husband – comes under the pain and
suffering category and is limited to $250,000.
# Me Too, anyone?

Please contact the Santa Barbara County Bar Association Lawyer Referral
Service to find a lawyer to help with your legal issue or to find out if you have a
viable legal issue – (805) -569-9400.

SBCBA 2019 Golf and Tennis Tournament

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2019 Golf and Tennis Flyer

When: Friday, September 27, 2019

Where: Santa Barbara Golf Club 3500 McCaw Ave. Santa Barbara, CA 93105

DINNER / RECEPTION 

So as to provide opportunity for the victors to boast of their athletic conquests, a post golf and tennis reception will begin at 5:00 PM at the Mulligan’s Cafe & Bar, to be followed by dinner starting at 5:30 PM.

Dinner is $50 per SBCBA Member/$60 per non-SBCBA Member ($60/$70 after September 10th)

GOLF

Meet at the Santa Barbara Municipal Golf Course at 12:30 PM. Shotgun starts at 1:00 PM. Team prizes for 1st and 2nd places. Individual prizes for Longest Drive and Closest to Pin! Players must give some estimate of his/her handicap. You will be contacted regarding team assignments. We strongly encourage to register by September 10th, after that date we cannot guarantee participation.

$105 to Play for SBCBA Members/$115 for Non- Members – Includes green fees & cart ($115/$125 after September 10th)

$150 for BOTH Golf & Dinner for SBCBA Members/ $160 for Non- Members ($160/$170 after September 10th)

LIMITED NUMBER OF TEE SPONSORSHIPS!Tee sign on course with your company name. $100. Contact sblawdirector@gmail.com

TENNIS

Meet at the tennis courts at the Santa Barbara Tennis Club at 1:00 pm for warm-up with round robin play starting at 1:30 pm. A committee will form teams, reserving the right to make equitable adjustments in all levels. Men and women will participate in the tournament in all levels.

Prizes to tournament winners!

$30 to Play per SBCBA Members/$40 for Non- Members – Includes court fees & balls ($40/$50 after September 10th)

$75 for BOTH Tennis & Dinner for SBCBA Members/$85 for Non-Members ($85/$95 after September 10th)

RSVP/Payment: To register, please fill out the bottom portion of the attached flyer and mail, with check, to: SBCBA 15 West Carrillo Street, Ste. 106, Santa Barbara, CA 93101

Click here to pay via Venmo!

Please clearly specify GOLF HANDICAP or TENNIS RATING.

Questions? Call the SBCBA at (805)569-5511

SBCBA 2018 Golf & Tennis Tournament

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2018 Golf and Tennis Flyer

When: Friday, September 21, 2018

Where: Sandpiper Golf Course at 7925 Hollister Ave, Goleta, CA 93117

DINNER / RECEPTION
Post golf and tennis reception will begin at 5:00 pm at the Sandpiper Grill, to be followed by dinner starting at 5:30 pm.

Dinner is $50 per SBCBA Member/$60 per non-SBCBA Member ($60/$70 after September 7th)

GOLF
Meet at the Sandpiper Golf Course at 11:30 am. Shotgun starts at 12:00 pm. Team prizes for 1st & 2nd places. Individual prizes for Longest Drive and Closest to Pin! Players must give some estimate of his/her handicap. You will be contacted regarding team assignments.

$105 to Play for SBCBA Members/$115 for Non- Members – Includes green fees & cart ($115/$125 after September 7th).

$150 for BOTH Golf & Dinner for SBCBA Members/ $160 for Non- Members ($160/$170 after September 7th).

LIMITED NUMBER OF TEE SPONSORSHIPS! Tee sign on course with your company name. $100. Contact sblawdirector@gmail.com

TENNIS
Meet at the tennis courts at the Santa Barbara Tennis Club at 1:00 pm for warm-up with round robin play starting at 1:30 pm. A committee will form teams, reserving the right to make equitable adjustments in all levels. Men and women will participate in the tournament in all levels.
Prizes to tournament winners!

$30 to Play per SBCBA Members/$40 for Non- Members – Includes court fees & balls ($40/$50 after September 7th).

$75 for BOTH Tennis & Dinner for SBCBA Members/$85 for Non-Members ($85/$95 after September 7th).

RSVP/Payment: To register and pay, fill out the attached flyer and mail it to the following address:
SBCBA 15 West Carrillo Street, Ste. 106, Santa Barbara, CA 93101

Please clearly specify GOLF HANDICAP or TENNIS RATING.

Questions? Call the SBCBA at (805) 569-5511

General MCLE: “Bankruptcy and the Supreme Court: A Discussion of Cases Past, Present, and Future”

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MCLE Bankruptcy Flyer

When: Wednesday, September 26th, 2018, at 12:00 to 1:00 p.m.

Where: Santa Barbara College of Law
20 E. Victoria St, Santa Barbara, CA 93101

MCLE Credit: 1 hour (credit pending)

Please join our lunchtime panel for a discussion of bankruptcy-related decisions by the Supreme Court of the United States. The discussion will cover selected hidden treasures among the Supreme Court’s decisions from the 1800s, key practice pointers from cases decided between 2015-2018, and predictions about future issues that the Supreme Court will or should consider.

Moderator:
-Meghann A. Triplett, Margulies Faith, LLP

Speakers:
-Hon. Deborah J. Saltzman, United States Bankruptcy Judge
-Jerry Namba, Chapter 7 Trustee and Attorney from the Law Office of Jerry Namba
-Whitman L. Holt, Partner at Klee, Tuchin, Bogdanoff & Stern LLP

Price:
SBCBA Members $25/ Non-Members $30. Includes lunch.

Contact Information/R.S.V.P.: Carissa Horowitz, Esq.

Carissa can be contacted at carissa@beallandburkhardt.com. Checks should be made payable to the Santa Barbara County Bar Association. Checks should be mailed to Beall & Burkhardt, Attn: Carissa Horowitz, 317 E. Carrillo Street, Santa Barbara, CA 93101.

Please RSVP by Monday, September 24, 2018

Ice Cream Social and Live Scan Fingerprinting

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Ice cream provided by the SBCBA!

When: Thursday, October 11th from 4:30 pm – 7:00 pm

Where: Santa Barbara County Courthouse’s Sunken Gardens
1100 Anacapa Street, Santa Barbara, CA 93101

Per CA Rule of Court Rule 9.9.5, most attorneys licensed in CA must be re-fingerprinted, and those fingerprints must be submitted to the State Bar of CA by April 30, 2019.

Please log into your State Bar profile and print out your specific form to bring with you.

$49 charge from the FBI & DOJ plus a $20 fingerprinting fee to Law Copy. A total of $69 to be paid in advance to the SBCBA. Log into your State Bar profile, print out your form, and pre-fill because you MUST bring it with you. No printers on-site.

Pay/RSVP by Oct 5th:

By email: sblawdirector@gmail.com

By phone: 805 569-5511

Or mail to: 15 W. Carrillo St., #106, Santa Barbara CA 93101

Legal Ethics MCLE: A Reception with the Appellate Justices of Division Six “Taking the High Road”

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When: Tuesday, October 30th, 6:00 pm- 8:00 pm

Where: The Santa Barbara Club – 1105 Chapala Street, Santa Barbara, CA 93101

MCLE Credit: 1 Hour Legal Ethics credit

Cost/Payment:
SBCBA Members – $50 (After October 11th, $60)
Non-Members – $60 (After October 11th, $70)
Students/Paralegals – $20

Please call 805-569-5511 to pay via credit card or mail completed form along with your check payable to:

SBCBA
15 West Carrillo Street, Suite 106
Santa Barbara, CA 93101

General MCLE: “Cellphone Forensics: Applications in Discovery and Investigations”

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Speaker: Thomas Plunkett

Thomas Plunkett is the Director of Digital Forensics at Califorensics, San Diego. He is a Certified Information Systems Security Professional (CISSP) and EnCase Certified Forensic Examiner (EnCE) with over 20 years of experience in digital forensics, cybersecurity and counterintelligence. He holds a Master’s degree in Information Systems and is an adjunct professor, teaching cybersecurity and digital forensics topics at the University of San Diego. Mr. Plunkett has led investigations involving data breaches, computer hacking, theft of intellectual property, and foreign intelligence operations. His clients have included all levels of government, law firms, casinos, medical device manufacturers, hospitals, technology companies and celebrities.

About the Event: Cellphones represent one of the fastest-changing areas of legal practice. Mobile device evidence is more important than ever, thanks to the rapid evolution of the technology and the way this evidence is treated by the courts. Touching on important recent cases, technology developments, and Califorensics’ direct experience advising attorneys, this presentation provides up-to-date guidance on the application of cellphone forensics in litigation, investigations, and other legal matters.

When: November 15, 2018 from 12:00 pm – 1:00 pm

Where: Santa Maria Inn at 801 S. Broadway, Santa Maria

MCLE Credit: 1 Hour General MCLE Credit

Price: Bar Association/non-attorney Staff & LPA Members $25/Non-Members $35

Contact Information/RSVP: Please RSVP with lunch choice [tri-tip sandwich or veggie wrap] by November 13th, to Northern Santa Barbara County Bar Association at nsbcba@gmail.com

The Superior Court, County of Santa Barbara intends to adopt the following forms for mandatory use in criminal cases:

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CR-101 – Plea Form, with Explanations and Waiver of Rights – Felony

SC-3085 – Advisement of Rights, Waiver and Pela Form – Misdemeanor

SC-3001 – Addendum to Adivsement of Rights, Waver and Plea Form

 

See Attachment for full annoucement, and forms.

E-Filing, E-Discovery, and E-Presentations

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The handouts for Judge Herman's presentation at the 2016 SBCBA Bench and Bar Conference are available!