Criminal Justice and Barristers Section- Traffic Law and Procedure- February 9

Thursday, February 9, 2023
Via Zoom at 12:00pm

The panelists in this webinar will discuss the basics of Traffic Court procedure and provide procedural tips and strategies to defend traffic violations. All phases of a traffic violation case will be covered. Panelists will discuss speeding and red-light camera tickets.


Practical advice on how to handle traffic matters in local criminal courts with a focus on the most commonly charged offenses. This webinar is for attorneys who do not typically appear in traffic court but wish to provide competent advice and/or representation.

Speakers:
David Uthman
– Owner and attorney of the Traffic Law Clinic and former law enforcement officer.
Yosef Totah– Experienced San Mateo County based criminal defense attorney who handles criminal and traffic matters.
David Nazzaro– Co-Chair Criminal Justice Section and local criminal defense attorney

Cost: $10 for members and non-members. Cost includes 1.0 hour of General Law MCLE credit.

Registration and Information: Please click on the button below to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Contact Info for this Event: For questions about this event, please email david.t.nazzaro@gmail.com

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Estate Planning and Probate Section- Irrevocable Life Insurance Trusts (ILIT)- February 9

Thursday, February 9, 2023
Via Zoom at 12:00pm

This presentation will provide an overview of the Irrevocable Life Insurance Trust (ILIT) formation and funding process from start to finish. The presenters will begin by discussing what an ILIT is, as well as reasons to propose the estate planning tool of an ILIT to your clients. After discussing the basics of ILITs, the presenters will discuss considerations that you, as the planner, should reflect upon while drafting the ILIT. This will include tailoring the ILIT to your clients’ specific wants and needs. Lastly, the presenters will provide guidance in preparing the corresponding gift tax return (709).

Speaker:  Megan L. Buggy, Esq., Caroline F. Trainor, Esq., Barulich Dugoni & Suttmann Law Group, Inc.

Cost: Free for SMCBA EP members, $10 for non-members. Cost includes 1.0 hour of General Law MCLE credit.

Registration and Information: Please click on the button below to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Contact Info for this Event: For questions about this event, please email events@smcba.org.

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Family Law Section- Cryptocurrency Matters- February 10

Friday, February 10, 2023

In Person and Via Zoom

Please arrive at Crown Plaza Hotel at 11:40am

1221 Chess Dr. Bayview Room (7th floor), Foster City, CA, 94404

Attendees will learn how to request records related to cryptocurrency exchange accounts, how to validate and affirm the completeness of records provided, and how to verify holdings outside of an exchange account. Attendees will also review how to vet an expert for a cryptocurrency matter and learn some of the valuation considerations for various cryptocurrency assets such as liquid assets, ICOs (Initial Coin Offerings), and NFTs (Non-Fungible Tokens).

Dorothy Haraminac provides economic damage calculations, asset tracing, and valuation in complex disputes, performs fraud investigations, has testified on bitcoin & cryptocurrency tracing and in commercial oil & gas disputes, and performs diligence and compliance analysis for FinTech and M&A.  Ms. Haraminac serves on the Advisory Board for Houston Christian University (HCU) and on the Editorial Board for The Value Examiner, volunteers her time to train law enforcement, attorneys, and accountants on cybercrime risk, blockchain compliance, and cryptocurrency investigations, and is a professor of Cyber Engineering.  She also served on the Litigation Forensics Board for NACVA, where she spearheaded the direct acknowledgement of military experience in lieu of a degree for the MAFF credential qualifications, making it one of the first NASBA-accredited financial credentials to do so.

Speaker: Dorothy Haraminac

In-Person Cost (includes lunch):  $55 for section members and $65 for non-section members.

Zoom Cost:  $40 for section members and $50 for non-section members.

Cost includes 1.0 hour of General Law MCLE credit.

Registration and Information: Please click on the button below to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Contact Info for this Event: For questions about this event, please email events@smcba.org

For in person cancellations, the cancellation must be received ONE WEEK BEFORE the event. If you do not cancel within one week prior to the event or do not show up to the event, you will be charged the full amount.

For zoom cancellations, must be received at least 48 hours prior to the event for a full refund of the registration fee for those who register via Zoom. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Family Law Section- Status Conference Volunteer Training- February 25

Wednesday, January 25, 2023

Via Zoom at 12:00pm

Please join us on Wednesday, January 25, 2023, for a status conference volunteer training offered by The Honorable Rosendo Padilla, Jr. and Kevin Cunningham. The training will take place via Zoom.

This training is designed to teach both new and experienced attorneys the ins and outs of serving as a status conference volunteer attorney. Among other things, the training will cover:

• Role of the status conference volunteer;
• What is expected of the volunteer status conference attorney;
• Tips on getting pro per litigants to Judgment; and,
• Instructions on when and how to refer pro per litigants to other ADR options.

The Court would greatly appreciate your participation as a volunteer attorney. Calendars are held on Monday and Thursday afternoons, as well as Tuesday mornings.

Speaker: The Honorable Rosendo Padilla Jr. and Kevin Cunningham

Free for Family Law Section Members and $10 for Non-Section Members.

Cost includes 1.0 hour of General Law MCLE credit.

Registration and Information: Please click on the button below to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Please direct questions to:  Brooke Murphy, Family Law Section Chair, at bmurphy@madiganlewis.com  

For zoom cancellations, must be received at least 48 hours prior to the event for a full refund of the registration fee for those who register via Zoom. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Labor and Employment- A “Viking River Cruise” down the Private Attorneys General Act (PAGA)- November 10

Thursday, November 10, 2022

Via Zoom at 12:00pm

California’s singular Private Attorneys General Act (PAGA) has been the “it” claims in wage and hour litigation for nearly two decades.  However, PAGA was permanently altered this year by the Viking River Cruises, Inc. v. Moriana SCOTUS decision. But Viking River Cruises actually created more open questions on PAGA than ever before. This program is an in-depth exploration of PAGA’s ever-changing legal landscape. With the expansive nature of PAGA, we will also touch on many broader employment concerns in the Golden State.

Cost: $20 for Labor & Employment members and $30 for non-section members.

Registration and Information: Please click on the button to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the webinar. The written materials for the webinar will be emailed to attendees the morning of the event. 

Contact Info for this Event: For questions about this event, please email Ahide Rodriguez at events@smcgov.org.

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Estate Planning and Probate Section- Annual Update: 2022 A Year in Review – A Trivalent Dose for the Tridemic- January 26

Thursday, January 26, 2023

In Person and Via Zoom

If you plan on attending this event in person:
Please arrive at Elks Lodge at 11:40am
229 W 20th Ave, San Mateo, CA 94403

About Our Speakers:

Steven P. Braccini is a fellow in the American College of Trust and Estate Counsel (ACTEC).  He is the Managing Partner of Sheppard, Mullin, Richter & Hampton LLP’s Silicon Valley Office and is a member of his Firm’s Business Trial Practice Group.  Mr. Braccini’s practice focuses on trust, probate and conservatorship litigation including, but not limited to: Will contests, Trust contests, removal and surcharge actions, contested conservatorships, accounting disputes, financial elder abuse actions, reformation or modification actions, tax controversy, and related “civil” claims. Steve also has an appellate practice and has presented numerous seminars and workshops on issues related to trust and estate litigation.

Patrick A. Kohlmann is the managing partner at Temmerman, Cilley & Kohlmann. Patrick advises individuals and families in all aspects of wealth transfer planning, including tax-advantaged transfers of assets, multigenerational planning, the taxation of trusts and estates, and business succession counseling. Patrick is passionate about the law. He was Chair of the Executive Committee of the Trusts and Estates Section (TEXCOM) of the State Bar of California (now CLA) from 2015-2016, and served on TEXCOM from 2008-2019. He is a Fellow of the American College of Trust and Estates Counsel, was formerly a member of the Judicial Council’s Probate and Mental Health Advisory Committee, and has consistently been named a Northern California “Super Lawyer,” including recognition in 2021 as one of the top 100 lawyers in Northern California.

John Prokey is a partner of Ramsbacher Prokey Leonard LLP. Mr. Prokey’s law practice focuses on providing advice in wealth planning, estate and trust administration, and tax. His clients include individuals, private fiduciaries, institutions, and other business and non-profit entities. The wealth planning portion of Mr. Prokey’s law practice emphasizes advising individuals and fiduciaries in estate planning, wealth preservation, tax, and business matters. Mr. Prokey also advises fiduciaries and beneficiaries in trust and probate administration matters, with emphasis in complex administrations.

Cost: Cost is $50 per person for members of the SMCBA Estate Planning Section for the luncheon ($30 for webinar) and $65 for non-members for the luncheon ($45 for the webinar). Cost includes lunch and 1.5 hours MCLE for live event attendees.

Please note that we have four registration options. Luncheon or Webinar, Member or Non-Member. Webinar registrants wishing to change to Luncheon attendance must contact the SMCBA offices at events@smcba.org prior to Monday, January 23rd.

For in person cancellations, the cancellation must be received ONE WEEK BEFORE the event. If you do not cancel within one week prior to the event or do not show up to the event, you will be charged the full amount.

For zoom cancellations, must be received at least 48 hours prior to the event for a full refund of the registration fee for those who register via Zoom. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Directions:
San Mateo Elks Lodge, 229 West 20th Avenue, San Mateo, CA 94403
From Highway 92, Exit El Camino Real South. Turn rig ht (west) at the first traffic light onto 20th Avenue. The Elks Lodge is three blocks west on 20th Avenue on your left.

Estate Planning and Probate Section- Planning for Tomorrow…Today: The Role of a Professional Fiduciary in Estate Plans- November 10

Thursday, November 10, 2022

Via Zoom at 12:00pm

Description: Trust and estate attorneys often need to educate their clients on the various roles to be filled in an estate plan and professional fiduciaries are often the missing piece of the estate plan puzzle.  The speakers will provide an overview of the professional fiduciary profession and will discuss common scenarios in which professional fiduciaries are called upon to serve in estate plan roles. The presentation will also cover, on a practical level, what services a professional fiduciary provides and what clients can expect when working with a fiduciary

Cost: Free for SMCBA members and $10 for non-members, cost includes 1.0 hour of General Law Credit

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the meeting. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Estate Planning & Probate Section- Subtrust Allocation for Litigation Attorneys- November 17

Thursday, November 17, 2022

Via Zoom at 12:00pm

Description: During this presentation, Judge Glen Reiser (Ret.) will discuss various critical aspects of subtrust funding as part of the trust administration process.  Often, upon a first death of a spouse and, at times, upon the death of the second spouse to die or a single person, the subject trust includes requirements and guidance for administering the trust regarding the allocation of assets to various subtrusts for the benefit of one or more beneficiaries.  As we are seeing it more and more in the courts and mediation, subtrust allocation decisions by a trustee can turn into having to defend a claim against such trustee for failure to, among other things, collect assets and obtain date of death values, property manage assets, and fairly allocate assets among subtrusts in accordance with the terms of the trust.  The presentation will cover important concepts such as a trustee’s administrative duties, marital deductions, pro-rata allocation of assets, community property and separate property characterizations, gift and estate taxes, and portability, all in light of trust litigation. Judge Glen Reiser (Ret.) will teach these concepts by reviewing trust provisions and discussing hypotheticals and relevant recent case law. Litigators, trust administration lawyers, and estate planning lawyers will all benefit from attending this presentation to better allocate assets to subtrusts, lower the likelihood of litigation, and successfully complete the trust administration process

Cost: Cost is $20 per person for members of the SMCBA Estate Planning Section and $30 for others. Cost includes 1.0 hour of General Law MCLE.

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the meeting. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

Family Law Section- Advanced Issues in Parenting Plan Evaluations: The Good, the Bad & the Ugly- November 18

Friday, November 18, 2022

Via Zoom at 12:00pm

Please join the Family Law Section on November 18, 2022, for a presentation by Dr. Kenneth Perlmutter and Dr. Philip Stahl for the a presentation on the Advanced Issues in Parenting Plan Evaluations: The Good, the Bad and the Ugly.

In June 2022, The Board of Directors of the Association of Family and Conciliation Courts (AFCC) approved new Guidelines for Parenting Plan Evaluations in Family Law Cases to replace the aged Model Standards of Practice for CCE (2006).  In this webinar, the presenters, child custody evaluators with over 75 years of combined experience, will discuss finer points of the new Guidelines, outlining important differences from the previous Model Standards.

They will discuss what makes for a “good” evaluation while sharing relevant examples of defective work. In explaining these and other evaluator missteps and errors, this discussion will assist you in performing your own critique of an evaluation work product. They will explain circumstances in which you may want to hire an expert to support or challenge an evaluator’s process.   Also included will be an update on remote evaluation practices and a discussion of what is being done by AFCC-CA to encourage new mental health professionals needed to replace the aging/phasing out of experienced evaluators.  

Attend this presentation to update and augment your understanding and assessment of Parenting Plan Evaluations. Along with the specifics of the webinar, the presenters will provide important hand out information and strive to answer/entertain your questions. Feel free to submit questions in advance to allow the presenters to incorporate them into the presentation.

Cost: $30 for Family Law Section members and $40 for non-section members cost includes 1.0 hour of Genral Law Credit

Registration: Please log in on the SMCBA website to register for this event. If you wish to pay by check, please still register online first and send your check payable to SMCBA, to: 333 Bradford St., Ste. 150, Redwood City, CA 94063. Attn: Events. *Please note for which event you are paying and the name of the attendee.

Logistics: Your Zoom credentials will automatically be emailed to you shortly after you register online, as well as the day and hour before the event. Please note that you’ll need to be logged into a Zoom account to join the meeting. The written materials for the webinar will be emailed to attendees the morning of the event. 

Cancellations must be received at least 48 hours prior to the event for a full refund of the registration fee. If you do not cancel within 48 hours or do not show up to the event, you will be charged the full amount.

SCOTUS Recent Decision

The U.S. Supreme Court’s recent Decision in Dobbs v. Jackson Women’s Health Organization was an unprecedented move in which the Supreme Court has for the first time taken away a constitutional right (here the right for a woman to terminate a pregnancy prior to viability of the fetus) instead of broadening individual rights. While opinions surrounding abortion have long been controversial, the Supreme Court’s apparent abandonment of stare decisis and the decision to overturn Roe v. Wade at the earliest opportunity brings into question the intended purpose of the judicial process at the very highest levels in our country. If Supreme Court decisions can be so easily overturned, not due to any advancement in science or knowledge, but merely due to the individual and/or religious leanings of those on the bench, it appears that no case can truly be relied upon in our judicial system. As an Association, we find this troubling, and worry about the Supreme Court’s decision to turn matters of such grave import (including those related to bodily autonomy, equality based on race, religion, sex, etc.) over to state legislatures, in which women and minorities particularly are grossly underrepresented. We fear that the Supreme Court’s decision to leave basic civil and human rights as a matter to be decided state to state will have a staggeringly negative impact on low-income communities and those traditionally sidelined and marginalized in our country. In the coming months, we will be meeting with our sections and committees to determine how as an Association we might address this uncertainty. We hope to support those negatively impacted by this and potential future Supreme Court decisions which may further strip away constitutional rights in a way that will negatively affect our most vulnerable populations. We encourage ideas and suggestions from our members and hope you will reach out to our Bar leadership with your own thoughts.