In the future, Ms. Eisenbrey will be known as Amber Rodriguez, so in the near future, don’t be surprised if you are directed to “Ms. Rodriguez” when you seek her assistance with your estate planning, probate and trust administrations, conservatorship, or probate and trust litigation matters!

The attorneys and staff at A to Z Law all congratulate Amber and her new husband, and wish them all the best for the future!

This law governs the contractual relationships between all independent wholesale sales representatives (commission sales staff) and wholesale manufacturers and distributors in California. Civil Code, Section 1738.13 contains a laundry list of technical requirements which every written contract between commission sales staff and distributors must include. Additionally, that statute requires the distributor or manufacturer to include a written statement identifying the method of calculating the commission with each commission check paid to the salesperson.

Under Section 1738.15, a wholesale distributor or manufacturer “who willfully fails to enter into a written contract as required by [Section 1738.13] or willfully fails to pay commissions as provided by the written contract . . .” may be liable in a civil action for treble damages, including attorney’s fees. Section 1738.15 does not explicitly make every violation of Section 1738.13 actionable, just the two grounds identified. Still, look for sales professionals, especially those who have been terminated, to argue that all violations of Section 1738.13 may serve as the basis of a civil action under Section 1738.15. Additionally, there is no express statutory definition of “willfull” conduct under Section 1738.15, and no court has provided one yet. This is a growing area of litigation, so it is likely the courts will further define the scope of the liability risk for wholesale manufacturers and distributors under this law.

Until the courts sort out the many questions about this statutory scheme, there are things wholesale manufacturers and distributors can do to minimize their liability risk. First, read Civil Code, Sections 1738.10-1738.15. Second, seek the advice of an experienced attorney to assist with structuring written commission contracts to comply with Section 1738.13. Third, provide a clear and understandable written statement itemizing the basis of calculating commissions with each check to the sales professional. Finally, review the records of commissions earned and paid at regular intervals to make sure that the sales professional is paid all commissions to which he or she is entitled under the written contract. Hopefully, these steps will avoid or minimize any risk of liability under this obscure, yet powerful, law.

There are few of us over the age of 8 that actually take the summer off. Apparently, the world has realized what I have known for years – it’s really hard to relax! This seems to have become especially true for students. If high school students aren’t working a summer job, they are looking for things to fulfill their community service credits for school, or things that will enhance their college applications. Undergraduate and graduate students are also interested in gaining work experience in preparation for graduation, and in today’s economic climate you can pick up some remarkable talent for virtually nothing.

After completing my first two years of college at U.C. Irvine, I decided to transfer and complete my undergraduate work at UCLA. At the time, UCI was still largely a commuter school, and even though I loved my two years there, and made some of my closest lifelong friends, the school simply couldn’t compete with the lure of Westwood. Plus, I had decided to go to UCI – at least in part – because I thought I wanted to go into some kind of computer science career. What was I thinking? My ‘D’ in calculus my freshman year pretty much knocked that idea out of my head. Plus, computers were fun and all, but they were clearly just a flash in the pan, and not something one should make a career out of.

Along with everything else that UCLA had to offer, they had a vibrant summer internship program. When I transferred, I changed my major to political science, and applied through the program for an internship in Washington, D.C. The D.C. students were placed in different internship programs with government agencies all over the city, and I was placed in the Voting Section of the Civil Rights Division at the Department of Justice. I recall there being about ten of us from different schools around the country in the Voting Section, and we spent our summer at the DOJ, helping
to enforce the Voting Rights Act. We would call districts around the country where people had complained about problems voting, or where there was a demonstrated history of challenges, gather information and pass it on to those in the Section who supervised us for the summer. In some cases, we would follow up to find out if earlier problems had been corrected.

At the time, I was naïve enough to think that things I had only read about in my history books were a thing of the past. Yet there I was, a 21-year-old UCLA student from Southern California, talking on the phone with people in Mississippi or Georgia about their challenges trying to vote. I’ve never missed voting in an election since that summer.

Early on in the summer, the Civil Rights Division held a reception for all the summer interns. Along with the undergraduate students, there were also graduate students working in different places, and the reception hosted all of us. We had heard rumors that John F. Kennedy, Jr., a student at NYU School of Law at the time, was interning at the DOJ over the summer, but it was never confirmed, and we certainly never expected that he would show up at the reception to mingle, nibble on cubed cheese and crackers, and make idle chitchat.

I was talking to a small group of girls, all of whom were interning in the section with me. Shortly into the reception, we felt the whole dynamic in the feeling of the room change. Even though I hadn’t seen him, I knew he was there. He was one of those people who exuded such confidence and presence, he changed the feeling in the room the moment he walked into it. You could feel it. I guess you’d say he had personal magnetism, and here he was, headed right for our small group.

“Hi, I’m John.” And he shook my hand.

No, you’re not “John.” You’re John F. Kennedy, Jr.!! Texting wasn’t around in 1987, but it was a definite OMG moment. I introduced myself and he spent a few minutes talking to us before he politely excused himself and moved on. Idle chitchat.

Some weeks later I was on my lunch hour at the Old Post Office building, an historic D.C. building that had been turned into a venue for shopping, restaurants and entertainment. After doing my shopping, I was walking through the food court with my lunch and a book, and as I was scanning the room for an empty table, I passed by John. He was sitting alone at a table, simply eating his lunch. I think it was Chinese. I’m sure I had that stupid look on my face that he probably saw a million times a day when recognition hit people.

“Oh, hi Kendall.”

Seriously, this guy is unbelievable. He remembered my name? And was polite enough to say hello, not put his head down to avoid having to talk to people?

I said hello and we chatted for a minute about our summer work. No, he didn’t ask me to sit down and have lunch with him, thank God, and I never ran into him again after that. But I’ll never forget my internship in D.C. that summer.

Three years later found me at the end of my first year in law school at Southwestern University School of Law. My dad had died suddenly in August of the previous year, just as I was beginning orientation week at Southwestern. His death was shocking and unexpected, but I managed to make it through my first year, and actually came out better than expected academically. But I had no interest in staying in Los Angeles for the summer, and wanted to come home and spend some time with my mother. Plus, there was this guy named Andrew that I had met the year before who was living in Santa Barbara, and being in Camarillo would shave an hour off our commute time to see each other.

My mother made some calls to inquire about summer job opportunities for me, and I ended up in an internship at the Ventura County Public Defender’s office, working under the supervision of Duane Dammeyer. I didn’t know if I was interested in a criminal law practice. In fact, at the time, I didn’t know if I was even going to practice law at all once I got out of law school, but this opportunity was something totally new for me, and I was happy for the experience.

That summer, Duane and his colleagues were defending Gregory Scott Smith, a young man accused of the murder of Paul Bailly, an 8-year-old boy who had gone missing from his daycare center in Northridge and been found hours later near Simi Valley. Greg Smith was accused of killing the little boy during a kidnap, and setting his body on fire. The charges would result in the death penalty if he were convicted. The circumstances of Paul’s death were horrific. Again, my naiveté: Can people really do things like this?

I’m assuming that Duane needed all the help he could get for this case, or he just simply was looking for a task that would keep his first year law clerk out of the way. Either way, my very first task in my very first assignment at the office was to sort through the crime scene photos in preparation for the preliminary hearing. It was horrible, as you can imagine. Some of those images have stayed with me to this day.

I moved on to other tasks in other assignments in the Public Defender’s office, but obviously none of them affected me as much as that first assignment. Aside from the impact of the crime and my small task in the defense of the accused, the lawyers defending Greg Smith impressed me. They were committed to making sure their client received the representation to which he was constitutionally entitled, and I learned, in a real world way, to appreciate the impact of the law I had learned during my first year of law school.

20 years have passed since I was at the Public Defender’s office. Duane went on to become Public Defender, and retired earlier this year after 35 years with the office. Greg Smith pled guilty and was sentenced to death. I never practiced criminal law.

United Water Conservation District created the award in 1997 to recognize leaders in the area of water conservation, and named it after Richard V. Laubacher, a longtime United Director and a leader in water issues in Ventura County. The award is voted upon by United’s seven-member Board of Directors.

In presenting the award, United’s General Manager, Michael Solomon, noted that Mr. Mathews’ unique combination of knowledge and integrity has, for the past thirty-five years, fostered an atmosphere of cooperation and trust among those who shape water policy in Ventura County.

Throughout his career, Mr. Mathews has been instrumental in developing innovative water quality programs and water conservation policies designed to preserve and enhance Ventura County’s surface and groundwater supplies. Mr. Mathews currently serves as general counsel to numerous special districts, including Pleasant Valley County Water District, Casitas Municipal Water District and Triunfo Sanitation District. He also represents many agricultural landowners throughout Ventura County and facilitates the Oxnard Plains Users Group effort to investigate and develop recycled water for agricultural use.

First, I like to remind people that attorneys are people too. We have the same day-to-day responsibilities as you and, for some at least, interests outside of practicing law. Some attorneys even have a sense of humor. Most attorneys do not fit the “profile” people imagine when they hear the word “attorney.”

Second, practicing law, like practicing medicine, is not an exact science. You may meet with three different attorneys and get three different opinions. Some of the answers should overlap, but each attorney may have a different idea on how best to address your needs.

Finally, try to find an attorney who practices in the area in which you need assistance. The example I like to use is this: Electricians and plumbers are both contractors, but would you hire an electrician to fix your leaky sink? In the practice of law, you are more likely to find the help you need if you speak to attorneys who regularly practice in the particular area of law in which you need assistance.

That being said, how do you find an attorney? Most people start by getting personal references from their friends, family, or professional associates. But sometimes you may need to do some research on your own. There are many websites to help you find an attorney, including the California state bar’s website (www.calbar.org). Most local bar associations have a lawyer referral service. You can find Ventura County’s by visiting www.vcba.org.

These tools, while helpful, shouldn’t take the place of a face-to-face meeting with your potential attorney. You should find an attorney you trust and who shares your view points on how best to manage your case. This doesn’t mean you should choose an attorney who will do whatever you tell them to do. The best attorneys offer advise that their clients don’t necessarily want to hear. But our job is to look out for you, help you through this unfamiliar territory, and give you some peace of mind.

It may even be helpful to meet with a few attorneys before you make a final decision. Don’t be discouraged if a consultation fee is charged. You are making an investment. It is most likely worth the time and money to help you make a thoughtful decision. Finding the right attorney for you will make your journey through the legal process you are facing less stressful and more productive. And that is something we can all use a little more of in life.

Perhaps nobody understands the challenges of maintaining balance better than the working mother. And before you roll your eyes and flip the page, no, this column isn’t going to be a Helen Reddy-I-am-woman-hear-me-roar anthem to the working mother. I can bring home the bacon and fry it up in a pan as good as the next girl, but God knows I couldn’t do it alone. I know there are plenty of sleep- deprived, devoted working fathers out there, and I am blessed to be married to one of the best of them. And I know it’s not just dads either. There are grandparents, aunts and uncles, siblings and lots of loving, kind people who step up every day to care for children.

But the working mother’s journey is different and special, quite simply because we are women. And despite the amazing advances we’ve made in just a generation, traditional, societal precepts still consider the child-rearing duties to fall on the mom. This is the ultimately “either/or” choice for us: Be a mother, but have a career. Every working mother has felt the tug.

So when I hear about women finding a way to keep the work-home balance in check, I’m intrigued. And when I hear about their employer making the right choices to help them keep that balance, I’m impressed.

Maureen Byrne and Tricia Koenig are both Deputy District Attorneys in the Family Protection Unit of the Ventura County District Attorney’s Office, and they are job-share partners. Job- sharing isn’t a new concept, and I have heard about successful job-sharing arrangements before in other professions. Lots of teachers job-share, and so do many other technical, administrative and clerical positions. But I had never before heard of a job-sharing arrangement between lawyers, and I certainly wouldn’t have guessed that it would have been with two prosecutors. (Ed. Note: Laurel McWaters and Julia Snyder also job-share in the District Attorney’s Office).

It wasn’t the practice of law that brought Maureen and Tricia together as job-share partners. It was motherhood. Both were working as prosecutors in the office of then- District Attorney Michael Bradbury, and both were mothers of young twins. They felt a need to work less so they could be at home with their children more. So, like other good lawyers, they did their research, investigated, and came up with a proposal that was approved by the office. That was more than 10 years ago, and Maureen and Tricia have been successful job-share partners ever since. They have paved the way for other women lawyers in the office who also job share and have part time arrangements.

They work exclusively in the Domestic Violence court, and handle a busy calendar that includes arraignments, violations of probation, sentencings and other duties that relate to felony and misdemeanor charges of domestic violence and child abuse. They currently split their week, one working Mondays, Tuesdays and every other Friday, while the other picks up Wednesdays, Thursdays and the alternate Fridays. Their individual hours together constitutes one full-time Deputy District Attorney position, and all elements of their employment are split right down the middle.

Obviously, the biggest benefit that both women gain from their job-share arrangement is more time at home with their families. They are acutely aware of how fast time goes by, and appreciate the additional time they have with their growing children. That’s no surprise to hear, and as any working parent can tell you, we have all had moments when we want to be at home more than we want to be in the office. But it was a surprise to hear that the children of these working mothers also appreciate the additional time mom has at home. Maureen and Tricia have each had experiences over the years when they could have returned to a full-time position. But when faced with that prospect, they both told me that their children (two 13-year-olds and an 11 year old for Maureen and two 15-year-olds for Tricia) were against the idea, and wanted mom to keep the part-time work. Very impressive, particularly for middle school aged children, who will typically go to great lengths to avoid being seen with their parents, let alone express a desire to spend time with them.

But the benefits of their job-sharing arrangement go beyond the obvious. Less work means less stress. Less stress leads to less burnout and more longevity in the position. This is particularly true for Maureen and Tricia, who are assigned to a hectic courtroom, in which they regularly see the worst of humanity. Burnout is a real issue for many lawyers, particularly among district attorneys and public defenders in these kinds of assignments. After being away from the courtroom for several days, Maureen and Tricia can approach it feeling renewed and refreshed, and both told me that it has kept them in the position longer than they naturally would have, had they been doing it full-time.

They both have a very high level of job satisfaction, more than a lot of attorneys I know who have been practicing as long. Their part-time schedule forces them to be efficient with their days, and they are both very appreciative of the support they have received for their arrangement over the years. Their position – which renews every two years under a written contract they have with the office – has been supported over the years not only by Mr. Bradbury’s successor, Gregory Totten, but also by their managers and supervisors over the years. They both are also grateful for the support they get from Judge Colleen Toy White, the presiding judge in Department 37. Judge White is “very, very supportive” of the job-sharing arrangement that Maureen and Tricia have. As a single mother, Judge White knows the challenges they face. She recalls the difficulties presented with juggling work and home – even getting out of the door in the morning can be a challenge, let alone tackling a demanding job. In her court, Judge White will schedule hearings for each individual on days she knows will be a “Tricia” day, or a “Maureen” day, and is willing to lend support to help them succeed in their arrangement. But such assistance has never really been necessary, and it only makes sense, Judge White says, to support an arrangement that will help keep two bright, talented prosecutors in the District Attorney’s Office.

Judge White told me that she definitely believes that the part-time schedule has allowed Maureen and Tricia to keep their passion for the job. From the standpoint of the District Attorney’s Office and the court, Judge White says that Maureen and Tricia each give far more than their 50 percent to the job. She sees their job efficiency and believes that their success is due in large part to their part-time positions. She was also quick to mention that they are both excellent lawyers, which certainly has helped them make the case for continuing their job-sharing arrangement.

But, like any balance in life, the good comes with some bad, and both women recognize that there are definite drawbacks to the arrangement. Less work comes with less pay, and not everybody would be able to make the arrangement work for them financially. Both Maureen and Tricia are married – both to lawyers, in fact. A dual income household can get by with the arrangement, but a single parent household would have a much harder time making it work. And along with the reduced pay comes less retirement contribution. Tricia shared with me that she has been with the District Attorney’s Office 24 years, but only has 15 years accrued toward retirement. As their children get older, both women expect to return to full-time work anyway, but as they approach retirement increased hours will be a must in order to accrue the 20 years of service required for full retirement credit.

There are career drawbacks as well. Both women believe the job-sharing arrangement can work well in many different areas of the law, particularly for government lawyers. But it is very difficult to make it work well in a trial assignment, so the calendar assignment in Department 37 was a deliberate choice. Both women say they would love to be doing trials, and that the lack of trial work has impeded their career advancement. But it’s a trade-off that was well worth it, and both said that it was one they would make again.

I support Maureen and Tricia for making their choice, and I salute the County of Ventura for supporting this flexible work schedule. I give many thanks to Maureen Byrne and Tricia Koenig for sharing a little bit of their life with me, and to Judge Colleen Toy White for talking to me about this article.

President’s Post-Script: Thanks to a technical error, my teaser in last month’s column – designed to get you to support VLSP – failed to print. But not to fear! Participate in the fun by going to vcba.org and clicking “President’s Trivia.”

Every Cinco de Mayo, the hardworking staff and attorneys at A to Z Law can be found sampling chili, listening to mariachi music, indulging on corn bread and having a great time, and this year was no exception.  The event becomes more and more popular each year, and this year we fielded 13 entries!!

Like our staff, each pot of chili had its own personality, with many degrees of “heat,” a variety of flavors, and a wide assortment of chili.

This year’s first prize winner was Jeff Folks at Merrill Lynch, who dished up a delicious chile verde.  A to Z Law swept the rest of the awards, with second place going to Maria Godinez of the Probate and Estate Planning Department, third place going to Kim Kniss of the Civil Litigation, Appeals & Writs department, and fourth place going to former A to Z employee Kat Bowman, who returned to our office to enter her chili recipe.

Honorable mention went to partner Gary Arnold, who succumbed to 7 years of pressure and finally participated.  Finally, Bart Bleuel was awarded a Team Player ribbon for his consistent participation every year, and because we have reason to believe he actually cooked his chili this year, instead of cracking open a can of Hormel!

A to Z Law looks forward to the Chili Cook-Off every year, and to the opportunity to reclaim our trophy!

Before we began the design of the new site, the IT committee and the VCBA staff spent time reviewing the current site. We talked to users to find out their likes and dislikes, and we also talked to people who work in IT to get a professional point of view on changes we had in mind. That process yielded a long list of complaints – an exercise not unlike the one I endure when my family reviews what I make for dinner, or when I have to buy a new bathing suit. In any event, it turned out to be the best way to go about designing the new site, and a lot of the constructive criticism yielded some great improvements. Here’s a bit of what you will find when you visit.

The home page and the overall look and feel of the new site are quite different from the old one. The new site has a polished look, and the links to find information are intuitive. The previous home page was criticized for being too cluttered, and for having too much information posted in a somewhat scattered fashion. The new home page is cleaner, and I think you will find it easier to find what you are looking for.

The new website was built using new technology – “behind the scenes” stuff that makes it easier to keep the page updated and current. So today, for example, as I write this, the Law Day 5K is given prominence. But once May is over, we quickly and easily can – and will – start to publicize the next big event. As visitors see regular changes to the home page, they should visit more often.

As you navigate through the new site, you will discover how much easier it is to find information you are looking for. Most of what was contained in the old site is still there, but some of the content may have changed location, and some of the less-frequently used information was omitted. We have also tried to make some of the data easier to review. For example, you no longer have to scroll down multiple times to review the lists of our sections, or of our board members – small changes, but ones that make the site easier to use, which will hopefully make it used more often.

So, we’ve put a new spin on some of the same old things. But we’ve also gone beyond that, and when you visit, you will find some entirely brand new features. One of the things that I’m most excited about is our new blog. The VCBA blog is the virtual town crier for our new website. It will become the place where our bar leaders can publicize upcoming events in their sections, or where members can educate others about their practice areas or developments in the law. Some of the content you regularly see in Citations – like the President’s Message – will become blog entries, along with some content that can’t fit into the hard copy of Citations. The blog will be an electronic companion to this publication, not a substitute for it, and will also serve our members who primarily like to get their information electronically. My goal is to get regular blog entries from each of our sections, committees and affiliates, as well as current and former bar leaders.

We also have an ongoing slideshow on the home page, featuring dozens of pictures from our various events. With 35 sections, committees and affiliates, and over 122 different continuing education events in 2009, we are indeed a vibrant bar association, and this is a way to showcase the many events that go on all year long. Like the blog, the slideshow will change, as the activities carry on through the year. And I promise to keep the embarrassing pictures of each of you to a minimum.

Please visit the new site, and keep coming back.

President’s Message Part Two: It’s Nice To Know At Least Somebody Reads This Column
In last month’s President’s Message, I shamelessly wished myself a happy birthday, and invited donations to VLSP in lieu of the swag that I know you would all send my way. It was at the very end of the column, so you had to hang in there for the whole thing to see it. And while I’m certain that each and every one of my faithful readers made it to the end of my column, there was only one of you that took me up on my offer. I give many thanks to Ben Schuck, for making a donation to VLSP of $25 in honor of my birthday. Although he might have thought his donation modest, if each member of VCBA did the same, we could raise over $30,000 for legal services in the county. For those of you who missed my birthday, not to worry. Mother’s Day is here.

Along with wine tasting and hors d’oeuvres, each ticket purchased includes a commemorative wine glass and entry in the grand prize drawing. The silent auction features many unique items and valuable services from local vendors.

A portion of the proceeds from the event will benefit VCPA’s Scholarship Program, and the Volunteer Lawyers Services Program, Inc. (VLSP), which provides legal services to the poor and under-served in Ventura County. VCPA, Inc. has been a valued donor to VLSP, and over the last 5 years has donated more than $3,000 in proceeds from this annual event.

Maria Godinez, a Certified Paralegal in the Probate and Estate Planning Department at A to Z, has been a member of VCPA for 8 years, and a member of its steering committee for 6 years. She currently serves as editor of the newsletter.

For more information and how to obtain tickets for this event, visit www.vcparalegal.org or contact Vivian Christiansen at vcpa.winetasting@gmail.com. We hope to see you there!

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