A MESSAGE FROM THE PRESIDENT
I have visited several chapters over the past few months. Here are some highlights:
SAN BERNARDINO/RIVERSIDE | DECEMBER 2018
Newly installed President Jeff Erickson hosted a terrific party at the beautiful Mission Inn in Riverside. Congratulations to Art Cunningham who received the chapter’s Civility Award (which was presented to him by his long-time partner and prior civility award winner, John Porter). Thanks for a great event!
LOS ANGELES | JANUARY 2019
A swanky and most formal affair, most appropriate for the reigning ABOTA Chapter of the Year, President Bob Morgenstern hosted a great event at the Four Seasons, Beverly Hills. Receiving a most well-deserved Lifetime Achievement award was Duke DeHaas. Congratulations also to Geoffrey Wells who received the chapter Civility Award. Sue and I had a wonderful time! Thank you!
ORANGE COUNTY | JANUARY 2019
Held at the Newport Beach Country Club, President Peter Polos put on a top notch event. Honors were given to Terry Schafer, the chapter’s Trial Lawyer of the Year and Rob Gibson who received the chapter’s civility award. Sue and I were grateful to be included in such terrific festivities!
CAL COAST | FEBRUARY 2019
A dynamic and enthusiastic group met at the Montecito Wine Bistro in Santa Barbara for a terrific meeting led by President Dan Carobini. The chapter has planned an ambitious year of education to include an MIT, covering the ever evolving topic of Jury Selection, as well as a JOL. Topping off the meeting was a presentation by Dan Leonard, who before joining the firm of Baker, Keener & Nahra was a long-time partner of the famed trial lawyer F. Lee Bailey. A fun and fascinating night! Thanks for including me!
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PHOTO: Me with Dan Leonard
Bryan Reid
CAL-ABOTA President
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Civility award winner Art Cunningham and John Porter
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L toR: Bob Morgenstern, Louis "Duke" DeHaas and Bob Packer
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L to R: Bob Morgenstern, Geoffrey Wells and
Bruce Broillet
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CONGRATULATIONS TO DICK CARROLL, TRIAL LAWYER OF THE YEAR
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Los Angeles Chapter
| Richard Carroll
Carroll, Kelly, Trotter, Franzen, McBride & Peabody
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Dick has tried and arbitrated disputes as lead counsel in over 200 cases. He is a Diplomate of ABOTA, served on the executive committee of the Los Angeles chapter for more than 10 years. He lead the Los Angeles chapter as President in 2006 and received the Lee Wenzel Civility Award in.2008, demonstrating the moral character and trial excellence which exemplifies ABOTA. Dick has tried cases against some of the most recognizable lawyers in the United States. He recently spent 11 weeks in trial against Don Keenan, author of “The Reptile Theory.” He has also been in trial against Gerry Agnew, David Harney, Bruce Fagel, and Jack DeNove.
Further demonstrating an unparalleled legal career, Dick is a Fellow of the American College of Trial Lawyers, has been selected by his peers for inclusion in the “Best Lawyers in America” since 2007, has been named in the Los Angeles Business Journal as one of the 10 finest defense lawyers in Southern California and most recently, Dick and his firm were featured in Forbes Magazine as the premier malpractice firm in Southern California.
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2019 TRIAL LAWYER OF THE YEAR CANDIDATES
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California Coast
| John H. Howard
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In the past three and one-half years alone, John Howard has obtained five jury verdicts of more than one million dollars. He has a total of fifteen such verdicts in the sixty-six cases he has tried to verdict so far in his career - fantastic results by any measure, but especially noteworthy in the context of generally conservative jurisdictions such as Ventura County and Tulare County, places where he at one time held the record for highest verdicts.
At the heart of his excellence in advocacy is John's devotion to his clients' cause. Once he decides to take on a case he is tenacious, yet always civil, never giving up no matter the odds. His courtroom manner is understated, but confident. He is able to connect well with jurors, who seem to sense his dedication, honesty and integrity.
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San Joaquin Valley
| Dennis R. Thelen
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Dennis was raised on the Monterey Peninsula and graduated from Carmel High School before attending the University of Santa Clara, majoring in English and graduating cum laude from college in 1975. Thereafter, he attended law school at the University of Santa Clara, graduating magna cum laude in 1978.
Mr. Thelen regularly practices in the Superior Courts for the Counties of Fresno, San Luis Obispo, Kings, Tulare, Kern and Los Angeles and remains an exceptionally busy trial attorney in those venues. As an example of his work ethic, Mr. Thelen has received 16 unassisted jury verdicts since 2016 and if one was interested to do so, an examination of Mr. Thelen’s trial efforts between admission of the Bar and 2015
would reveal an uncommonly strong pattern of trying cases and obtaining superb jury trial results for his clients.
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San Francisco
| Cynthia McGuinn
Rouda, Feder, Tietjen & McGuinn
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Cynthia is a member of the American Board of Trial Advocates, a Fellow of the
International Academy of Trial Lawyers, a Fellow of the International Society of Barristers, and a Fellow of the American College of Trial Lawyers, in addition to numerous other trial bars and associations. She was the first female Trial Lawyer of the Year as selected by the San Francisco Trial Lawyers Association and has been named as a Top Woman Litigator in California since 2005.
She was the first woman president of the San Francisco ABOTA chapter, a Trustee and National President of the Foundation of ABOTA, and immediate past National President of the American Board of Trial Advocates.
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San Diego
| Ed Chapin
Sanford Heisler Sharp LLP
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In an outstanding 47-year legal career, Ed has been on both sides of the fence trying well over 75 matters to jury verdict on behalf of both plaintiffs and defendants. Initially, he cut his "trial teeth" at the San Diego City Attorney's Office and then transitioned to one of the most preimminent San Diego insurance defense firms. The past 15 years or so, he has focused his practice on seeking justice for consumers across the country, including individuals harmed by drugs, those who suffer discrimination, persons injured by negligence, individuals who are unjustly fired, investors wronged by financial institutions and those undercut when their insurance companies act in bad faith.
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San Bernardino/Riverside
| Michael J. Marlatt
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Mike attended Pepperdine Law School in Malibu, graduating in 1984. During his law school years, Mike was Student Body Vice President, a member of Phi Alpha Delta and participated in Dalsimer Moot Court. After graduating and assessing his opportunities in the legal profession around the Los Angeles and Pasadena areas, where he had clerked while in law school, he looked elsewhere and found the golden opportunity for litigation in the Inland Empire. Thompson & Colgate was the perfect fit for a person who treasures family values, respect for all and community involvement.
Mike has always been a defense attorney. He practices in both State and Federal courts.
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ABOTA 2019 LEADERSHIP CONFERENCE & NATIONAL BOARD MEETING
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Bill Smith receives (shared) the Foundation's
2018 Professional Education Award
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Denise Taylor chairs the
Presidential Task Force
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Mike and Cindy Maguire presented gifts to Cynthia and John McGuinn in appreciation for Cynthia’s fabulous year, 2018
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Mike Maguire was sworn in as the 2019 National President. The 2019 National Board officers and ABOTA Foundation Trustees were also sworn in
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Dominique Pollara from Sacramento Valley Chapter receives the Foundation's Civics Education Award at National Meeting
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The Los Angeles Chapter was named
2018 Chapter of the Year
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Preserving the 7
th
Amendment One Juror at a Time: The Hon. Bryan Foster, San Bernardino County Superior Court
By Bryan Reid
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“Ladies and Gentlemen, I have some good news and some bad news…”. Interrupting the drone of a random cooking show playing on TVs scattered throughout the large, modernly furnished and brightly-lit jury assembling room of the new downtown San Bernardino County Justice Center, the firm and confident voice boomed from the public address system drawing the immediate attention of the final panel of jurors who stood by anxiously awaiting word of their fate. I was among that awaiting crowd.
A quick scan across the room revealed the white-haired figure of a man whose judicial robe could not disguise the size and stature of a former collegiate football player who I immediately recognized as the past president of the San Bernardino/Riverside ABOTA chapter, Judge Bryan Foster. Holding the microphone with comfort and confidence, his gaze scanned across the large and now mostly empty room as Judge Foster proceeded to inform us that our jury service commitment for the year had come to an end because the case to which we had been assigned, in his department, had resolved.
Rather than a simple “thank you," “goodbye” and “see you next year” from the jury commissioner, Judge Foster instead proceeded to explain to us the importance of our jury service and the dramatic impact we had had on his case even though we were never called to his courtroom. Loosely quoting the wisdom and insight of Samuel Johnson, Judge Foster shared,
“Nothing brings more clarity of thought than the threat of the hangman’s noose in the morning.”
Judge Foster continued by sharing a story about the time he, as a young and money-strapped attorney, decided to blow almost a week’s family food budget by taking his young sons on a too short and too brief elephant ride during a family outing to the circus. As their brief parade across a parking lot ended, his perplexed and perhaps a bit annoyed wife, Nancy, questioned the wisdom of his decision. “Yeah, you’re right”, Judge Foster told his wife matter of factly, “It really wasn’t worth it. But now we can always say that we rode an elephant.” Judge Foster then dismissed us with the assurance that when we do get an opportunity to sit on a jury in the future, the experience will be memorable, rewarding and something we will tell our friends about even if the experience happens to be accompanied by a few delays and frustrations along the way.
So, the message to me that day was clear. Judge Foster’s “good news and bad news” were really one in the same: we were dismissed from jury duty but would not have the opportunity to experience a trial in Judge Bryan Foster’s department.
Leaving jury service that day, Judge Foster’s farewell left me feeling charged, inspired and proud of my fellow ABOTA member who went to such unnecessary lengths to thank, affirm, educate and inspire this group of citizens who surely felt appreciated and motivated to serve again the next time they are summoned.
Investigating further, I confirmed my suspicion that Judge Foster goes to great lengths to make jury service in his courtroom an educational and memorable experience. “Judge Foster is a jurors’s judge,” said 2018 CAL-ABOTA Trial Lawyer of the Year Chris Wesierski after recently trying a case in his department. “He uses a PowerPoint presentation during voir dire that is engaging and entertaining, and educates jurors about trials, their role, the players, the Seventh Amendment and the crucial and unique role jurors play in our justice system,” explained Chris. “Serving as a juror in Judge Foster’s court is definitely a positive and memorable experience. Case by case, jury by jury, Judge Foster is spreading the word about the Seventh Amendment and helping preserve the future of our fundamental right to trial by jury,” Chris shared.
Curious to learn more about Judge Foster’s approach to jury service, I shared lunch with him recently in his chambers of Department S22 of the SBCSC. His attachment to and affection for ABOTA was instantly obvious as I noticed hanging behind him on the wall both his ABOTA Advocate Level plaque and a nicely framed copy of the ABOTA Code of Professionalism -- principles that clearly guide and inform Judge Foster’s courtroom environment.
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I started by asking Judge Foster about his “elephant” story reminding him that a few months before I had been one of the “unfortunate” jurors dismissed from his courtroom. “I want jurors to understand that very few people in this world get the opportunity to serve as jurors and to play such a direct role in the administration of justice. Jury service is unique, it’s different and it almost always gives people a story to tell,” said Judge Foster.
When prospective jurors are called to his courtroom, they are treated to his detailed and well-crafted PowerPoint presentation covering everything from the history of jury trials, with reference to Thomas Jefferson and the Seventh Amendment, through the actual jury trial process, introduction of evidence, burdens of proof, deliberations and the verdict. Along the way, prospective jurors are treated to entertaining snippets from movies such as “The Verdict," “Butch Cassidy and the Sundance Kid," “A Few Good Men” (“You can’t handle the truth!”) and others. “I’d like to use some clips from ‘My Cousin Vinny,' but they are all too long," said Judge Foster.
On the bench since his appointment by Governor Gray Davis in 2003 (and re-elected since), Judge Foster explained that he uses the PowerPoint because, “with the lack of civics instruction in the schools, people [who appear for jury duty] just don’t know what their role is and what to expect. I know that the jurors can feel intimidated and be put off by what they think is intrusive and personal questioning during voir dire, so I use the presentation to help them feel more comfortable and to help them better appreciate our judicial system and the role that they will play.”
As a result of his efforts, Judge Foster regularly receives favorable feedback from jurors and trial lawyers alike. “Some people just won’t ever appreciate serving as a juror but for the most part, my jurors say that their jury experience is worthwhile and worth their time.”
Concerning Judge Foster’s use of the presentation, Jeff Erickson, 2019 President of the San Bernardino/Riverside ABOTA Chapter commented, “The PowerPoint is effective and informational. It seems to relax the jurors and help make them more receptive to questioning and attentive during the trial.” He continued, “Judge Foster is very attuned to the jury’s needs and he seems to try hard to make the jury experience a very positive one…He’s a terrific judge and runs a great courtroom.”
Efforts by Judge Foster and his many other like-minded judicial officers to educate jurors about our civil justice system and the unique and important role they play in the administration of justice help fill a significant void in our society’s civic education and knowledge. These educational efforts go hand-in-hand with CAL-ABOTA and our member chapters as we continue to expand our efforts to promote civic education through programs such as Teachers Law School and James Otis Lectures series. Together we are promoting and protecting our crucial Seventh Amendment right by creating an increasingly informed populace.
Judge Foster deserves admiration and gratitude for the extra efforts he takes to promote ABOTA’s mission to protect civil trial by jury. Whether a prospective juror is lucky enough to be called to his courtroom or simply summoned for service, person by person Judge Foster is singlehandedly motivating and educating our future jurors.
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CAL-ABOTA REPRESENTS TEACHERS LAW SCHOOL AT CCSS CONFERENCE
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Over 600 educators convened in San Jose on March 15-16 for the California Council for the Social Studies Conference (CCSS). CAL-ABOTA represented the Foundation with a booth exhibiting information about Teachers Law School. We had a lot of interest in a possible upcoming Teachers Law School in Sacramento in October.
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Thanks to all who attended our annual conference at the Mauna Kea Resort on Hawaii’s Big Island. We had a great turn out and tons of fun! Special entertainment included performances on the Luau grounds by the phenomenal Glenn Miller Orchestra and the uniquely talented and entertaining Beat-lele: classic Beatles tunes all on ukulele!
Our speakers were interesting and dynamic including: Andrew Cooper, an engineer/astronomer who shared stories about the telescopes atop the Mauna Kea and their important scientific discoveries; Lindsay Grogan, an inspiring young woman who has overcome significant childhood illness to become a world class athlete and member of the 2016 US Paralympic team; and Zak Ibrahim, the author of “The Terrorist Son” who shared with us his compelling story about growing up in the home of a radicalized Muslim who remains imprisoned for his involvement in high-profile terrorist acts. Zak’s story is riveting, moving and inspiring, and you can review his story by clicking
HERE
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Finally, a tremendous thanks to our 2018 Hawaii Conference Sponsors! Please be sure to thank them and use their services. Here are the sponsors and links to their websites:
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Don't forget to sign up for the 2019 Hawaii Conference which will be at the Grand Hyatt on the beautiful island of Kauai November 4-9.
Program Chair and CAL-ABOTA President-Elect, Chris Wesierski has planned a terrific event!
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