May 11, 2018
Hilton Garden Inn San Francisco/Oakland Bay Bridge | 1800 Powell Street, Emeryville, CA 94608
(6.25 hours MCLE)
8:00 - 8:30 am
Registration and Continental Breakfast
8:30 - 8:45 am (.25 MCLE)
Opening Remarks and Introduction
Presenters: Namita Brown, CCSA President and Partner, Fagen Friedman & Fulfrost; Tony De Marco, CCSA Vice President for Programs and Partner, Atkinson Andelson Loya Ruud & Romo
8:45 - 10:30 am (1.75 MCLE)
Meet the Masters
Did you know that the current reality of highly specialized private education law firms and school districts with robust in-house counsel services is a relatively new concept in California? Education Law and the attorneys who started the modern practice of school law put their shingles out in unprecedented and uncertain times. School funding was in flux, collective bargaining laws were new, and special education was developing into a major practice area. Together, the panel covers the gambit of school law, from county counsel to private law firms, from staff attorney for the Education Employment Relations Board (predecessor to Public Employment Relations Board) to members of boards of education, and from associate to partner with everything in between. Panel members will discuss the genesis of modern education law, the transition of school law practitioners from the county counsels’ offices to private law firms and consortiums, and expansion of their law firms and legal departments. Also, the panel members will reflect on their experiences, lessons learned, hurdles, and ambitions for themselves and future generations of school law practitioners as they confront issues like transition and retirement.
Presenters: Lou Lozano, Partner, Lozano Smith; Jim Romo, Partner, Atkinson Andelson Loya, Ruud & Romo; Howard Friedman, Of Counsel, Fagen Friedman & Fulfrost; Ron Wenkart, General Counsel, Orange COE; Greg Dannis, Shareholder, Dannis Woliver Kelley
Concurrent Sessions:
Main Room:
1. For the New Practitioner (0 to 5 years’ experience):
Every new attorney understands that at some point they will need to respond to emergency calls from clients without the benefit of consulting with a partner or general counsel before providing critical advice. This component of the program will equip newer attorneys with vital information in responding to client inquiries on 4 frequent emergency topics.
10:40 - 11:10 am (.50 MCLE)
A) Student Discipline:
When a client calls and needs immediate information to help quell a disturbance, respond to a student’s advocate or attorney, or ensure evidence is properly sequestered for future use, time is of the essence. The presenter will deftly walk new attorneys through several aspects of student discipline that will provide a foundation for participants to use when responding to clients’ emergency calls.
Presenter: Chris Keeler, Managing Partner, Fagen Friedman & Fulfrost
11:10 - 11:40 am (.50 MCLE)
B) Public Records Act:
There is a great deal of misunderstanding by clients and the public regarding the requirements of the California Public Records Act. Both frequently believe the law requires districts to compile and provide records within 10 days if a request is submitted in writing, and do not understand the public’s right to inspect records by presenting themselves in person. Attendees will be given practical pointers for responding to clients in a pinch to fulfill the rights of the public, while helping the agency meet its obligations in a timely and efficient manner.
Presenter: Chris Keeler, Managing Partner, Fagen Friedman & Fulfrost
Breakout Room:
2. For the Experienced Practitioner:
10:40 am - 11:40 am (1.0 MCLE)
A) Client Service:
Whether you are a solo practitioner, member of a large firm, in-house counsel, or advisor in some other capacity, client service is a priority. This component of the program will address the qualities that make attorneys superior service providers. The panel will address issues such as how they serve or served their agency, what needs school districts have for outside counsel, how they select counsel for specific assignments, and the frustrations they may have from time-to-time with the performance of the attorneys and firms their districts utilize.
Presenters: Jennifer Carbuccia, General Counsel, Sweetwater UHSD; Howard Friedman, Of Counsel, Fagen Friedman & Fulfrost; Karen Samman, General Legal Counsel, Clovis USD
11:45 - 12:45 pm
Lunch
Concurrent Sessions:
Main Room:
1. For the New Practitioner (0 to 5 years’ experience):
12:50 - 1:20 pm (.50 MCLE)
A) The Brown Act:
Clients’ offices are notorious for calling late in the day on a Friday needing immediate guidance for agendizing topics for upcoming meetings of their boards. The presenter will provide reference points in the Government Code and Attorney General guidance for providing prompt and accurate responses to requests for legal agenda items.
Presenter: Jon Pearl, Shareholder, Dannis Woliver Kelley
1:20 - 1:50 pm (.50 MCLE)
B) Employee Discipline:
Clients frequently need guidance at the earliest stages of their response to potential misconduct by employees. Questions posed to counsel range from whether to place an employee on paid administrative leave pending an investigation and what to do with evidence; as well as responding to demands for information from the public. The presenter will provide participants with common scenarios and effective, rapid responses.
Presenter: Jon Pearl, Shareholder, Dannis Woliver Kelley
Breakout Room:
2. For the Experienced Practitioner:
12:50 - 1:50 pm (1.0 MCLE)
A) Client Service (Q&A):
The panel of current and former in-house attorneys will participate in a round table discussion of topics related to client service, rates, relevance of local offices and other matters of importance to CCSA members. Members of the audience will be given index cards for questions they can submit to the moderator.
Presenters: Jennifer Carbuccia, General Counsel, Sweetwater UHSD; Howard Friedman, Of Counsel, Fagen Friedman & Fulfrost; Karen Samman, General Legal Counsel, Clovis USD
1:55 - 3:10 pm (1.25 MCLE)
Effectively Using an Outside Investigator
Recent events in the news and social media are reminders about the prevalence of harassment in the workplace and an employer’s need to conduct a prompt and thorough investigation. Using in-house or outside counsel can pose obvious conflicts of interest. Using an experienced independent attorney investigator is often the right solution. But, do you know: How to properly structure the engagement pursuant to Business & Professions Code section 7522? What should the investigator’s engagement letter include? Are there standards the investigator must follow that you need to oversee or at least be aware of? What about issues of privilege and evidence? Who you hire can be the difference between successfully and adequately representing your client, or setting them up for additional liability. The presenter has over 18 years of experience as an independent attorney investigator and will provide the answers to how to effectively use outside attorney investigators.
Presenter: Allison West, Esq., SPHR, SHRM – SCP, AWI - CH, Employment Practices Specialists
3:15 - 4:15 pm (1.0 MCLE)
Ethics – Communicating Electronically but Ethically with Clients
Electronic Communications and social media are becoming an increasingly common form of attorney-client communication. As a result, ethical issues arise regarding confidentiality, preservation of privilege, and compliance with the Rules of Professional Conduct. There are also related concerns about encryption of data and the release of “meta data.” This workshop will review the latest from the State Bar, address recent literature on this topic, and discuss best practices to ensure that attorneys continue to comply with their ethical responsibilities in the 21st century.
Presenters: Harold Freiman, Partner, Lozano Smith; Penelope Glover, Senior Counsel, Lozano Smith