A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service Fourth Quarter 2012

1Santa Cruz County Bar Association October, November, December 2012

Thornton Kontz, SCCBA President-Elect

Thornton at the beach in Santa Cruz with his family: Terri, Kristin, Steven, and Karen

340 Soquel Avenue, Suite 209Santa Cruz, California 95062tel 831-423-5031 / fax 831-423-6202email sccbar@sbcglobal.netwww.santacruzbar.orgwww.lawyerreferralsantacruz.org

President: Larry Biggam: 429-1311President-Elect: Thornton Kontz: 427-2727Past President: Tamyra Rice: 454-2040Secretary: Anthony Condotti: 423-8383 Treasurer: Pamela Mathiesen: 429-0181Directors At Large: Nathan Benjamin: 425-8999 John Burton: 425-5023 ThomasGriffin:422-2444 Laura Walther: 457-1700Executive Director: Linda M. Martin: 423-5031

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation, Inc. (SCCBA). The opinions expressed herein do not necessarily represent the opinions of the SCCBA, itsofficers,directors,members,ortheeditor.

Editor: Thornton Kontz: 427-2727

Newsletter Layout and Design:Evelyn Volpa, Creative Designs685-3314; evolpa@gmail.com

Editorial submissions to Bar Briefs are welcome. However, we accept no re-sponsibility for the custody or return of materials submitted for publication.

All submissions for publication become the exclusive property of SCCBA. All rights reserved.

Advertising rates and policies are made available by the SCCBA Board and Executive Director. Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised.

Copyright © 2012 SCCBA

Santa Cruz CountyBar Association

2Santa Cruz County Bar Association October, November, December 2012

Calendar ..................................................................................................... 3 President’s Message ................................................................................ 5 Bench Bar Liaison .................................................................................... 5 President Elect Thornton Kontz .............................................................. 6 Positive Parenting in the Court System ............................................... 11 Announcements Annual Meeting - Mark Your Calendar ................................................. 4 Investiture Announcement .................................................................... 4 2013JudicialOfficerAssignments ....................................................... 9 Intern Opportunity ................................................................................. 9 ABC Fall Networking Event - Save the Date ..........................................16Events/Photos Fall Fling ............................................................................................ 12 July MCLE .......................................................................................... 15 September MCLE ............................................................................... 17 Pulse Line Responses ........................................................................... 18

Advertisers Cartwright, Harold – Mediation .............................................. 18 Dan Casagrande, Security 1 Lending ................................... 11 Gregory Coben ........................................................................ 7 Cottle, (ret) Justice Chris – Mediation & Arbitration .............. 14 Gelblum, Peter – Mediation & Arbitration ................................ 8 Hartsell & Olivieri – Court Reporters ..................................... 18 JAMS – The Resolution Experts ........................................... 10 McBride & Associates – Court Reporters .............................. 18 Network Management Solutions, Inc. ....................................... 4 Paragon Reporting – Court Reporters ................................... 11 Pulone and Stromberg – Court Reporters ............................... 8 Santa Cruz Answering Service .............................................. 16 Santa Cruz Self Storage ........................................................ 14 Sayler Legal Service ............................................................. 14 Eleanor Southers, Professional Legal Coach .......................... 4 Stevens, (ret) Judge Sam – Mediation .................................. 18 Wilson Bros. Realty ................................................................. 8

SCCBA Mission Statement:The mission of the Santa Cruz County Bar Association is to diligently promote meaningful access to justice for all persons, to provide educational and social opportunities for all of its members, and to ensure leadership on major issues affecting the profession, including the preservation of the independence of the legal profession and the judiciary.

Index

3Santa Cruz County Bar Association October, November, December 2012

SCCBA Real Property SectionPeter Boutell, Mortgage Banker, Santa Cruz Home Finance, discusses “The State of Today’s Home Loan Industry.”7:15 a.m. at DeLaveaga Golf Course Restaurant. Cost: $13.00 (whether or not you eat breakfast) plus an additional $10.00 for MCLE credit - Checks payable to Atack & Penrose, LLP. MCLE credit: One (1) unit No R.S.V.P. required. Contact: Rochelle Mulder, Atack & Penrose, LLP (831)515-3344 or rmulder@atackpenrose.com

Estate Planning Section “Harmonizing IRA Benefits and Trusts.” Michael Jones, CPA, from Monterey will discuss issues that arise when a decedent has named a trust as beneficiary of his or her IRA, and various post-death fixes and other trust administration issues. This is a special luncheon meeting co-sponsored by the SCCEPC and the UC Santa Cruz Office of Gift Planning. 11:30 – 1:30 at the Seymour Center at Long Marine Lab, 100 Shaffer Road, Santa Cruz. $25.00 ($35.00 for MCLE credit) payable to SCCEPC must be sent to Kristen Onorato, UC Santa Cruz, 1156 High St. – UR, Santa Cruz, CA 95064. Kristen’s tel. # (831) 459-1045 or kristy12@ucsc.edu.

SCCBA Board of Directors and The Advocates annual “Meet & Mix” from 5:00 to 7:00pm at the offices of Biggam, Christensen & Minsloff, 2013 N. Pacific Ave., Santa Cruz

Bench-Bar Meeting: 12:00 noon in Department 3, Santa Cruz Superior Court. Send agenda items to Laura Walther at laura@csfwlaw.com.

SCCBATim Schmal, Esq. presents his Annual Civil Law Update. This event will be at Peachwood’s, at 12:15-1:15 pm. The cost is $28 for members; $36 for non-member attorneys, and $18 for judges and non-attorneys. Contact: SCCBA, 423-5031 or sccbar@sbcglobal.net.

SCCTLA Civil Forum: Judges Salazar, Volkmann, and Marigonda present a Civil Forum to local attorneys on October 26, 2012 at Peachwoods at noon. CEO Alex Calvo and both Judicial Attorneys will also be present for an update on the local civil practice. Contact: Gail Schwartz, 464-9434.

Investiture of Judge Stephen Siegel. Starting at 4:00 pm at the Santa Cruz Superior Court, with reception following at Hotel Paradox, 611 Ocean Street, Santa Cruz, 425-7100.

Attorneys / Bankers / CPAs co-sponsor with SCCBA – ABC Presents their Fall Networking Event from 4:30-7:30pm at Georgiana Bruce Kirby School, 425 Encinal St., Santa Cruz. Contact: Angelo De Bernardo at 831-457-5003, ext 2142, or Howard Loomis at 831-600-3200.

Estate Planning Section “Elder Law, a Summary and Guide” Janice A. Carney, Esq., one of only two Certified Elder Law Attorneys in Santa Clara County will discuss the practice of elder law and review the requirements for becoming a Certified Elder Law Attorney. DeLaveaga Golf and Country Club House, 7:15 a.m., $13.00; an additional $10.00 if you want MCLE credits. Questions, call or e-mail Peter Sanford, 831-426-8484.

SCCBA Real Property SectionEdward W. Newman, Attorney at Law, discusses a Potpourri of Commercial Lease Issues. 7:15 a.m. at DeLaveaga Golf Course Restaurant. Cost: $13.00 (whether or not you eat breakfast) plus an additional $10.00 for MCLE credit - Checks payable to Atack & Penrose, LLP. MCLE credit: One (1) unit. No R.S.V.P. required. Contact: Rochelle Mulder, Atack & Penrose, LLP (831)515-3344 or rmulder@atackpenrose.com

SCCBA - EthicsNathan Benjamin, Esq. and Justice Richard McAdams (ret) present a seminar on Ethics. This event will be at Peachwood’s, at 12:15-1:15 pm. The cost is $28 for members; $36 for non-member attorneys, and $18 for judges and non-attorneys. Contact: SCCBA, 423-5031 or sccbar@sbcglobal.net.

Wed 10

Wed 10

Thu 11

Wed 17

Fri 19

Fri 26

Fri 2

Wed 7

Tue 13

Wed 14

Fri 16

MCLE

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Oct

Nov

MCLE

MCLE

MCLE

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The investiture ofJudge Stephen Siegel

will take place on Friday, Nov. 2, 2012, starting at 4:00 pm, at the main courthouse at

701 Ocean Street, Santa Cruz.

There will be a reception immediately following at the Hotel Paradox, 611 Ocean Street.

InvestitureAnnouncement

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Santa Cruz County Bar Association October, November, December 2012

SCCBAHank Niles, Esq. presents a Bankruptcy Update. This event will be at Peachwood’s, at 12:15-1:15 pm. The cost is $28 for members; $36 for non-member attorneys, and $18 for judges and non-attorneys. Contact: SCCBA, 423-5031 or sccbar@sbcglobal.net.

Estate Planning Section “Annual Update of Recent Cases and Law Changes in the Estate Planning Area” Attorneys Michael Desmarais, Robert Temmerman and James Quillinan will do their annual panel discussion update of the latest law changes and cases in the estate planning, probate and trust administration area. DeLaveaga Golf and Country Club House, 7:15 a.m., $13.00; an additional $10.00 if you want MCLE credits. Questions, call or e-mail Peter Sanford, 831-426-8484.

NOTE: The Santa Cruz County Bar Association is a State Bar of California approved MCLE provider #2071 and certifies that these activities have been approved for MCLE credit by the State Bar of California

Mark your calendars: SCCBA Annual Meeting January 25, 2013, at Chaminade 5:00 to 7:30 pm

DecFri 14

Wed 19

MCLE

MCLE

5

At the last Bench Bar meeting, Judge Salazar confirmed that there will be no immediate budget changes with the Santa Cruz Courts – no further lay offs or forced furloughs are anticipated. A change in the law will prevent us from using any surplus that may remain from the early budget cuts that were made in Santa Cruz Courts after July 1, 2014 – it is hoped that the surplus that the Santa Cruz Courts established early on will last until that cut off date. There is now a $30 charge for any law and motion matter that needs to be recorded. The Jury fee deposit is now due at the time of the first Case Management Conference, and is no longer refundable.

Criminal court is underway in Watsonville now, but all criminal jury trials will take place in Santa Cruz. Please contact me at Laura@CSFWlaw.com if you would like an issue discussed at the next Bench Bar meeting, which is scheduled for October 17, 2012- the meeting takes place at 12:00 sharp- in Department #3.

Santa Cruz County Bar Association October, November, December 2012

by SCCBA President Larry Biggam, Esq.of Biggam, Christensen & Minsloff

President’s Message

Bench Bar Liaisonby Laura Walther, Esq.of Cartwright, Scruggs, Fulton & Walther

California courts’ budget was cut by $544 million for the 2012-2013 fiscal year. Beginning in 2014, local trial courts will only be allowed to place up to 1% of their allocation in reserve, further reducing any financial protection and long term planning. The budget also increases both new and increased fees for civil practitioners, including court reporter fees and non-refundable jury deposit fees. I urge you to review our County of Santa Cruz Superior Court Rules of Court which incorporate these and other changes at http://www.santacruzcourt.org/forms-filing/local rules.

Around the State, this budget crisis may lead to more court closures and more reductions in ancillary services such as self-help centers which assist non-lawyers navigate the judicial process. Now more than ever we need to support our courts to ensure access for our citizens and businesses. We also need to support non-profit legal service organizations which serve low-income and elderly citizens. These organizations not only help the clients; they help courts by assisting in proper paperwork preparation and in general promoting the efficient administration of justice.

One such organization in Santa Cruz County is Senior Citizens Legal Services (SCLS) which has helped countless elderly people secure healthcare, safety, and shelter since 1972. Terry Hancock, its directing attorney, will soon resign. He, along with his wife, Second District Supervisor, Ellen Pirie, are taking time to explore new directions. Both Terry and Ellen represent the best in our profession with their skill, integrity, and selfless commitment to community. Our Bar Board wanted to formally celebrate their contributions and careers at our annual Bar meeting and reception this coming January. But they may be gone by then to Africa on a Peace Corps mission. I am amazed at their energy and continuing outreach to at-risk populations. It’s been said that “nothing is so potent as the silent influence of a good example”. I believe that Terry and Ellen have empowered us all with their quiet dedication to fairness in our courts, our county, and now our world. Please wish them the best and please support all our non-profit legal services organizations. With the diminished funding services and increased demands for service, they need our help. They also partner with our courts to maintain access for all our residents during these tough economic times.

6

The opportunity to write an article introducing to the Santa Cruz County legal community its illustrious incoming Bar President, Thornton Kontz, has proved so overwhelming as to lure Bar Briefs out of his comfortable reportorial

retirement in order to provide you, his former readers, the real story on your new President. For example, it may come as a surprise that Mr. Kontz, whose language shows no trace of an accent (except for the rather bizarre habit of pronouncing the word “naked” and “nekkid”) is, in his own words, a “native of the south.”

Thornton grew up in Atlanta, Georgia, in the 60’s in the middle of the Civil Rights Era. As a child he attended Spring Street School which was the first integrated school in the city of Atlanta and he proudly brags that the children of Martin Luther King, Jr., and Ralph Abernathy were classmates and at school assemblies they would all sing “We Shall Overcome.” According to Thornton, it was the dawn of the New South. While Bar Briefs is unsure of what that means (except that, as has been vigorously explained to him, it decidedly does not include Bar Briefs home in Missouri).

New South, notwithstanding, the one thing that has remained constant in the South is that no one is permitted to live south of Mason Dixon line unless he is a jock. Thornton, in a bit of a hurry to redeem his roots, reached the pinnacle of his athletic achievements in 7th Grade in football, scoring 16 touchdowns in one year for his grade

school football team (Bar Briefs was not aware that grade schools had football teams but then he is not from the New South). Thornton went on to attend Westminster High School, a private preparatory school in Atlanta which may have impeccable academic credentials but it is winning the Georgia State Football Championship in 1971 that Thornton prefers to brag about. However, his proudest moment is that while attending an Atlanta Braves baseball game, he missed catching the 700th home run of Hank Aaron with the ball landing between his feet before he was “piled upon.”

After graduating from high school, he attended the University of Virginia, moving north to Charlottesville, Virginia. After college, even though he had only skied once at the only ski resort in Georgia, he moved to Vail, Colorado, working in the ski industry. He then returned to Macon, Georgia (which he proudly states is the home of the Allman Brothers), and attended law school at Mercer University graduating in 1981. He also spent a year in the middle of law school living in Switzerland, teaching skiing in the Alps with a group called “Village Camps.” That is where he met his wife, Terri, a native of Soquel who had also taken time off from graduate school to spend time in Europe skiing.

After four years of practicing law in Atlanta and working for the Georgia Legislature, he and Terri moved to Santa Cruz in 1984. Thornton was able to spend time raising his young daughter for the first six months before passing the California Bar and working at the Popelka law firm in San Jose. He moved on to work at the Grunsky firm in Watsonville, eventually joining the Bosso Williams law firm in 1989 to take over the litigation practice of recently appointed Judge Samuel Stevens. At Bosso Williams, Thornton was fortunate enough to meet and become friendly with Larry

Santa Cruz County Bar Association October, November, December 2012

Thornton KontzSCCBA President-elect

Atlanta, Georgia, 1956

1960, at age 5

Mt. of the Holy Cross, 14,000 ft., outside Vail, CO,

1978

In grade school, he, along with the children of Martin Luther King, Jr, and Ralph Abernathy, would sing “We Shall Overcome” at school assemblies.

7

Brenner, a brilliant attorney (despite the fact that Bar Briefs has been told that Mr. Brenner is not a true Southerner). In 1994, the two of them left and formed a partnership with Austin Comstock and Jim Thompson where they practiced law as Comstock, Thompson, Kontz & Brenner for the next 18 years. Many of you may remember the Annual Comstock Christmas better known as Brenner Hanukkah Party held at 340 Soquel Avenue every year. Recently, Thornton along with Larry Brenner, Jim Thompson and Greg Carter moved back to share space at 133 Mission Street with the Bosso Williams firm under the new firm name of Thompson, Kontz & Brenner.

Terri and Thornton have three children, Kristin, Karen and Steven. All of his children attended Soquel High School and then attended California colleges, Kristen graduated from UC Davis, Karen from Cal Poly and Steven from UCLA. For years, Thornton served as president of the Soquel High Fund and still coaches the Soquel High Mock Trial Team. Bar Briefs is convinced, he still thinks his kids are still in high school. The family has stayed in the Bay Area with Kristin and Steven working in San Francisco and Karen attending law school at UC Davis.

Thornton is a past president of the Young Lawyers Section of the Santa Cruz County Bar, past president of the Santa Cruz Trial Lawyers Association, and a past president

of the Capitola-Soquel Rotary Club. He currently serves on the Santa Cruz County Red Cross Board of Directors and has been a board member of the Santa Cruz County Bar for the last three years.

As part of Rotary service, he has taken high school students to work in the barrios of Managua, Nicaragua and also traveled around Nicaragua as an eco-tourist. His practice consists mostly of general civil litigation specializing in estate and trust litigation and family law. He has taken advanced courses from Pepperdine University, held in Honolulu, in mediation and also acts as a mediator in civil, estate and trust matters and family law. He looks forward to serving as next year’s Bar President and has assured Bar Briefs it will be an exciting year.

Santa Cruz County Bar Association October, November, December 2012

Farewell to...

Written by Larry Brenner, Esq.

Soquel High School Interact Club in Nicaragua, 2005

As part of Rotary service, he has taken high school students to work in the barrios of Managua, Nicaragua

8Santa Cruz County Bar Association October, November, December 2012

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9Santa Cruz County Bar Association October, November, December 2012

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Santa Cruz Superior Court Judicial Assignments

Effective January, 2013

SANTA CRUZDept Bench Officer Assignment

1 Judge John Salazar Misdemeanor/Trials/Master Calendar2 Judge John Gallagher Misdemeanor/Trials/SIP3 Judge Timothy Volkmann Felony/Trials4 Judge Rebecca Connolly Civil Law & Motion/Probate/Mediation/Trials5 Judge Paul Marigonda Civil Law & Motion/Mediation/Trials/CEQA/LPS6 Judge Paul Burdick Felony/Trials7 Judge Ariadne Symons Felony/Trials

10 Commissioner Kim Baskett Minor Violations/Traffic11 Commissioner Kim Baskett Drug Court (Friday PM Only)

FELTONDept Bench Officer Assignment

uvenile Judge Heather Morse Delinquency (Tuesday & Friday PM only)WATSONVILLE

Dept Bench Officer Assignment

A Judge Denine Guy Juvenile Dependency/Small ClaimsB Judge Heather Morse Juv Delinquency/Limited Civil/Small Claims/Traffic (Fri AM )

City of Watsonville MisdemeanorC Judge Jeff Almquist Family Law/Small ClaimsD Commissioner Stephen Siegel Family Law/Family Law Pro Per Court/Family Preservation

Court/Family Law Dom Violence/Small ClaimsCommissioner Jana Kast-Davids DCSS (1.5 Days each week - Tuesday & Wednesday)

Santa Cruz Superior CourtJudicial Assignments

10

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Santa Cruz County Bar Association October, November, December 2012

11Santa Cruz County Bar Association October, November, December 2012

Positive Parenting in the Court system

When Judge Heather Morse was assigned to the Juvenile Delinquency calendar, she underwent an orientation in juvenile justice that included education in human development. Judge Morse learned that a human brain is not fully developed until after the age of twenty- thus, the juveniles appearing before her in court did not yet have the full brain development they would have in future years. She was struck by the fact that many of the kids she was seeing in her court were already parents or were about to become parents.

With the knowledge that these kids’ brains were still

forming, learning, and growing, while they were addressing complex circumstances, Judge Morse became motivated to provide them access to as much education and information as she could, as they continued to develop into healthy adults. Judge Morse contacted First Five executive Director Susan True, to see if First Five would provide the family friendly services, education and resources it has established in Santa Cruz to the kids within Juvenile Hall. First Five’s mission is that by the time each child living within Santa Cruz County reaches their fifth year of life, they are healthy, ready to learn, and emotionally well developed.

First Five was happy to make their already successful county wide Positive Parenting Program (referred to as the “Triple P”) available at Juvenile Hall. The “Triple P” program provides access to education, resources and reading materials related to positive parenting in the county. First Five’s “Triple P” made it possible for students within Juvenile Hall to examine a cadre of specific issues parents face, such as

ways to handle a crying baby, bedwetting, family conflict and problem solving. The Positive Parenting Program created by First Five is now fully accessible to all students at Juvenile Hall in Santa Cruz and is skillfully implemented weekly by Chris O’Halloran, a licensed social worker, with the support from classroom teacher, Bonnie Dankert.

Bonnie Dankert explained that tough conversations about difficult topics such as the effects of addiction on the family, developing self-esteem, and addressing the issues of childhood bullying were easier for her to address when she framed them around her students’ roles as parents. A key point that she consistently revisits in class discussion is the idea of choices in the way people parent their children. As students share their ideas, the class explores the potential results that come from their ways of thinking and what their options can bring to their children. Students exchange information about how they were raised, and are asked to examine parenting approaches that may or may not have been part of their own upbringing. By moving through this cognitive process, students realize the choices they make have direct bearing on their children. Certainly, serving time at Juvenile Hall isn’t where these young parents would choose to be, but because of some thoughtful insight and preventive measures from Judge Morse, Bonnie Dankert, Sara Ryan, and Chris O’Halloran, young parents involved in the juvenile justice system in Santa Cruz can learn about the critical role of parenting. Judge Morse hopes the knowledge these kids learn while in Juvenile Hall will continue to help them and their families long after these young parents have left the system.

by Laura Walther, Esq.of Cartwright, Scruggs, Fulton & Walther

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12Santa Cruz County Bar Association October, November, December 2012

Santa Cruz County Bar aSSoCiation - Fall Fling BeneFiting Senior CitizenS legal ServiCe

Thursday September 13, 2012at the home of Judge Robert & Bjorg Yonts

Larry Biggam, SCCBA President presents Community Service plaque to Ellen Pirie & Terry Hancock

Judge Richard McAdams reflectsontheearlydays

of Senior Legal

Thanks to “Joint Chiefs” for donating their enjoyable music to the event

13Santa Cruz County Bar Association October, November, December 2012

14Santa Cruz County Bar Association October, November, December 2012

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SCCBA MCLE Seminar“Summer of Love . . .

Embracing the State’s Deficit”Friday, July 20, 2012

Santa Cruz County Bar Association October, November, December 2012

Speaker Fred Keeley andLarry Biggam, SCCBA President

16

Santa Cruz County Bar Association October, November, December 2012

MARK YOUR CALENDAR NOW!

S A N T A C R U Z A B C - F a l lC o - S p o n s o r e d w i t h S a n t a C r u z C o u n t y B a r A s s o c i a t i o n

Attorneys, Bankers, and CPA’s Networking Event

Wednesday, November 7, 4:30 p.m. to 7:30 p.m.

TO BE HELD ATGeorgiana Bruce Kirby School

Special Thanks to our Venue Sponsor

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MARK YOUR CALENDARNOW!

Wednesday, November 16th, 20114:30 p.m. to 7:30 p.m.

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You won’t want to miss this behind the scenes look at Annieglass. Mark you calendar today.Let your attorney, Banker and CPA friends know about the event.

www.annieglass.com

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17

SCCBA MCLE Seminar“Green Business Practices for lawyers and Law Firms”Friday, September 21, 2012

Speaker photo: Henry Martin (l), of Watsonville Law Center; Caleb Baskin, of Baskin-Grant Law Firm; and Jo Fleming, of Ecology Action

Honoring Brian Murtha for his years as SCCBA liaison to California

Rural Legal Assistance. Photo on the right: Larry Biggam, SCCBA

president, with Brian Murtha.

Santa Cruz County Bar Association October, November, December 2012

18Santa Cruz County Bar Association October, November, December 2012

Retired Superior Court Judge

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Not social media too much, but definitely an iPad. It allows me to take a 200 page agenda to a meeting without a ton of paper and a brief case. Bob Bosso

Not at all. I use a laptop with a 24-inch screen. Size matters! Don Schwartz

I sometimes use my iPad for witness examination questions to use in the courtroom. When I come across a legal concept I don’t understand, I often “Google” it. J.J. Hamlyn

In litigation, social media has become an invaluable channel for evidence gathering in a variety of cases our firm is currently handling, from employment law matters to cyber stalking. As for the iPad, its utility as a calendar in Court is reason enough to justify the purchase, but of course you can do much more with it. The new iPad, particularly with the 4G LTE coverage offered in our county by Verizon Wireless, serves as my mobile internet hot spot, email reader and electronic case file. It also holds an awful lot of Sesame Street for my daughter on road trips. Caleb Baskin

I don’t use social media in legal practice. iPad, however, puts ‘Find California Code’ at my fingertips.....and without having to search for an outlet! Shannon Sullivan

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