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PLI's California MCLE Marathon 2018: Current Developments in Legal Ethics-Competence Issues-Elimination of Bias


Speaker(s): Alison P. Buchanan, John Steele, Mark L. Tuft, Merri A. Baldwin, Ragesh K. Tangri, Richard P. Carlton, MPH, Sarah E. Redfield, Sean M. SeLegue
Recorded on: Dec. 4, 2018
PLI Program #: 219418

Merri Baldwin is a shareholder at Rogers Joseph O’Donnell in San Francisco, where her practice focuses on attorney liability and commercial litigation. She handles claims of legal malpractice and breach of fiduciary duty, as well as motions to disqualify and for sanctions. She regularly counsels lawyers and law firms on legal ethics and law practice management issues. She represents attorneys in disciplinary matters before the State Bar of California, and has extensive experience handling attorney-client fee disputes. Ms. Baldwin is a past chair of the State Bar of California Committee on Professional Responsibility and Conduct. She is a co-chair of the Legal Malpractice subcommittee for the American Bar Association Litigation Section Committee on Professional Services Litigation. Ms. Baldwin served as the President of the Bar Association of San Francisco for 2017. Ms. Baldwin frequently lectures to attorneys and professional organizations on issues related to litigation, legal malpractice and ethics issues, and she is a lecturer at the University of California at Berkeley School of Law, where she teaches professional responsibility. Ms. Baldwin co-edited The Law of Lawyers’ Liability (ABA/First Chair Press 2012) and has served as a consulting editor for the Attorney Fee Agreement Forms Manual, published by Continuing Education of the Bar, California. Prior to law school, Ms. Baldwin was a Fulbright Scholar at the London School of Economics.

Education

J.D., University of California at Berkeley,
School of Law (Boalt Hall)

B.A., Smith College
Magna Cum Laude with high honors


John Steele is a solo practitioner, representing clients on matters of legal ethics, professional liability, risk management, and the law of lawyering.  He is a certified specialist in the law of legal malpractice. For over fifteen years, he served as the top internal ethics lawyer at an AmLaw 100 firm, where he was Special Counsel for Ethics, and at an AmLaw 200 firm, where he was a trial lawyer and litigation partner.  He has taught professional responsibility for over thirty semesters at UC-Berkeley School of Law, Stanford Law School, Santa Clara University, Golden Gate University, and Indiana University – Maurer School of Law.  He has served on a variety of professional committees, including the State Bar of California’s standing Committee on Professional Responsibility and Conduct (COPRAC), and serves an arbitrator in fee disputes.


Mark L. Tuft is a partner with Cooper, White & Cooper LLP; principally engaged in professional liability, media       law, civil and criminal litigation in federal and state courts.  State-wide practice as counsel to lawyers and law firms on professional responsibility, professional liability, law firm mergers and dissolutions and lawyer discipline.  Arbitrator, special master and mediator on lawyer-client and law firm disputes.

LEGAL EDUCATION

            LL.M., George Washington University, June 1972. Graduated with highest honors.

            J.D., Hastings College of the Law, June 1968.  Order of the Coif, Thurston Law Society, Hastings Law Journal.

PROFESSIONAL ASSOCIATIONS AND AWARDS

            ·          Certified Specialist in Legal Malpractice Law

·          Member, American Bar Association, Center for Professional Responsibility,  Editorial Board

            ·          President, Association of Professional Responsibility Lawyers

                                    (2012 - 2013)

·          Chair, State Bar Committee on Professional Responsibility and Conduct (1995 - 1996)

            ·          Member, State Bar of California Commission for the Revision of the Rules of                                            Professional Conduct (2001 – Present)

            ·          Member, Board of Directors, Bar Association of San Francisco

                        (1994 - 1997)

            ·          Chair, Bar Association of San Francisco Legal Ethics Committee

                        (1990 – 1992)

            ·          Bar Association of San Francisco Certificate of Merit Award

            ·          Spirit of the CEB Award

PUBLICATIONS AND TEACHING

            ·          Co-Author, California Practice Guide on Professional Responsibility 

                        (The Rutter Group, a division of Thomson Reuters)

            ·          Adjunct Professor, University of San Francisco School of Law (1997-2011)


Ragesh Tangri represents clients ranging from individuals to Fortune 100 companies in cases ranging from legal malpractice, trade secrets, copyright, trademark, and commercial litigation to high-stakes intellectual property and trade secret matters in jurisdictions across the country.

Ragesh recently represented a major California law firm accused of malpractice; a multi-week arbitration brought a favorable result for his client.  He has represented numerous major law firms in professional negligence claims, arising from work done in a variety of underlying areas including intellectual property litigation, patent prosecution, general corporate matters, and tax. 

Ragesh recently invalidated four patents directed to nutritional supplements on a motion to dismiss.  He represented Volt Delta Resources LLC and Maintech Inc. in a copyright infringement and false advertising lawsuit brought by Oracle regarding Maintech’s provision of hardware support for Sun servers.  He represented Google Inc. in a high-stakes breach of contract matter brought by teleconferencing company Wyde Voice in San Francisco Superior Court.

Ragesh has represented numerous start-up companies in claims brought by former business partners and persons claiming to be co-founders, often centering on allegations of trade secret misappropriation or copyright infringement.  He also has represented the selling shareholders of numerous companies in litigation arising from post-closing matters, including both claims against buyers for failure to pay contingent compensation and claims brought by buyers against escrowed consideration.

Ragesh serves on the Boards of Governors of the Association of Business Trial Lawyers, the Bar Association of San Francisco’s Justice and Diversity Center, the Northern District Historical Society (President), the California Law Review, The Shotgun Players, the Food Craft Institute, and is a Counselor and Member of the Executive Committee of the Edward J. McFetridge Inn of Court.

In addition to being ranked a Litigation Star by Benchmark, Ragesh is ranked by Chambers & Partners as one of the top practitioners in California for trademark, copyright, and trade secret litigation.  Ragesh was named 2018 Lawyer of the Year in Trade Secrets Law and 2016 Lawyer of the Year in Northern California by Best Lawyers.  He has been ranked for Bet-the-Company Litigation, Commercial Litigation, Legal Malpractice Law, Intellectual Property, and Patent Litigation, also by Best Lawyers.  He has been ranked by IAM Patent 1000 as a top practitioner, SuperLawyers as a top rated intellectual property litigation attorney from 2005 through 2017, and was ranked as one of the Top 100 Attorneys in Northern California in 2011, 2012 and 2013.


Richard Carlton is the former Director of the Lawyer Assistance Program of the State Bar of California.  He is currently a Principal Consultant for the firm Coping Skills for Legal Professionals.  Additionally, he is a consultant to the US Courts for the Ninth Circuit, the National Conference of Bankruptcy Judges, and to the Idaho Judicial Branch on matters of judicial stress and wellness.

Mr. Carlton regularly delivers continuing legal education presentations to local bar associations, specialty bars, State Bar sections, and law firms throughout California on addressing substance abuse and managing stress.  His articles have appeared in Judicature, The Judges Journal of the ABA, California Bar Journal, and other legal publications.  He has been addressing mental health and disability concerns in the legal profession for nearly thirty years.  Richard holds a Master’s Degree in Public Health from UC Berkeley, where his studies focused on treatment interventions and behavioral science research.


Sarah Redfield is Professor Emerita at the University of New Hampshire School of Law and Affiliate Professor at the University of New Hampshire College of Education. Her primary practice and teaching area is education law (including special education). Her primary research focus is diversity and inclusion in the legal profession and along the education pipeline. Her recent research and scholarship focuses on implicit bias (including its manifestations in legal, medical, education, and workplace environments) and on strategies to interrupt that bias and reduce manifestations at all levels. She currently serves on the ABA Diversity and Inclusion Advisory Council, the ABA Commission on Disability Rights, the Criminal Justice Section Council, and as Co-Chair of the Judicial Division Fighting Implicit Bias Committee and the Criminal Justice Section Implicit Bias Initiative. She is a member of the Maine Bar.

Professor Redfield is a nationally respected author, presenter, and trainer. She is the editor and chapter author of the ABA book on implicit bias, Enhancing Justice: Reducing Bias and her most recent publications also include Reversing the School-to-Prison Pipeline Preliminary Report, 47 Memphis Law Review 1. She was a lead author for the ABA Section on Litigation’s Toolbox on Implicit Bias and lead consultant for the ABA project on Achieving an Impartial Jury. Her recent presentations include Implicit Bias and Bias Interruption for the State Bar of California; Arizona State University; and the Texas Criminal Defense Attorneys.

Professor Redfield earned her B.A. degree from Mount Holyoke College, her J.D. degree from Northeastern University School of Law, and her LL.M. from Harvard Law School. She is the mother of a fantastic son and daughter and wife of an also fantastic farmer.


A former chair of the State Bar of California's Committee on Professional Responsibility and conduct, Sean SeLegue has represented attorneys and law firms in malpractice and malicious prosecution cases, defended State Bar proceedings and advised lawyers subject to sanctions proceedings in federal court. Mr. SeLegue is currently listed in The Best Lawyers in America in the field of Ethics and Professional Responsibility Law.  He previously served on the State Bar Commission for the Revision of the Rules of Professional Conduct and is currently a member of the State Bar Board of Trustees.

He has been recognized as a Northern California Super Lawyer from 2004 through 2017 and is also an AV-rated attorney, a peer-awarded honor given by Martindale-Hubbell. While in law school at the University of California, Berkeley, Mr. SeLegue was an editor of the California Law Review.

Mr. SeLegue also maintains a diverse appellate practice spanning all areas of civil law.  He began his career as a clerk to the Hon. Cynthia Holcomb Hall, US Court of Appeals for the Ninth Circuit. He has handled dozens of appeals, is ranked in Chambers USA in the "California Appellate" category and is a member of the California Academy of Appellate lawyers.


Alison Buchanan is a Shareholder in the firm’s Silicon Valley office, where she focuses her practice on business litigation.  Alison represents clients in complex business disputes, including contract, fraud, misappropriation of trade secrets, and unfair competition claims. She has significant trial experience, which includes serving as lead trial counsel in her last four trials.

Alison is a Certified Specialist in Legal Malpractice Law as certified by the State Bar of California Board of Legal Specialization.  Alison is a sought-after speaker on attorney ethics.

Alison was named a “Northern California Super Lawyer” for 2018, 2017, 2016, 2015, 2014, and 2013, as chosen by her peers and through the independent research of Law & Politics and San Francisco Magazine. She was named a Northern California "Rising Star" in 2012.

REPRESENTATIVE MATTERS/CLIENTS

  • Represents corporate clients with contract, fraud, misappropriation, and unfair business practice claims
  • Represents law firms and lawyers defending allegations of professional malpractice and breach of fiduciary duty
  • Represents lawyers in State Bar disciplinary proceedings
  • Significant trial experience, including jury and bench trials
  • Advises law firms and lawyers on ethics issues, such as conflicts, confidentiality, and fee disputes
  • Federal court jury trial experience involving allegations of unfair competition and false advertising

PROFESSIONAL ACTIVITIES

Alison is presently serving a four-year appointment as a Commissioner for the Legal Malpractice Law Advisory Commission of the State Bar of California's Board of Legal Specialization. From 2011 through 2014, Alison served a three-year appointment to the California State Bar’s Standing Committee on Professional Responsibility and Conduct (COPRAC). She serves on the Executive Committee of The Bar Association of San Francisco’s Legal Malpractice Section. Alison is a member of APRL (Association of Professional Responsibility Lawyers).

Alison is serving a three-year term as a member of the Board of Directors for the Humane Society Silicon Valley.