lincoln law school, voir dire, winter 2012
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Lincoln Law School, Voir Dire, Winter 2012TRANSCRIPT
Voir Dire. A Lincoln Law School Publication Since 1977
Table of Contents
Perhaps the most rewarding aspect of being dean is to see our students arrive with a
dream and watch them progress through law school. With this sentiment, I welcome all
first-year and transfer students to the Lincoln family. Dealing with conflicting priorities of a
job, family and a rigorous academic schedule is a difficult but doable task. Through
dedication, desire and determination you will reach your goal of graduating from law
school and passing the California Bar. We also congratulate our returning students. You
should be justifiably proud of your accomplishments and continued success.
We also welcome back our esteemed faculty. Our faculty is the cornerstone and life blood
of the school. Our faculty is dedicated to the success of our students and we thank them for all that they do.
Our annual faculty conference was held in October and I would like to share with you some of the discussion topics.
Bar Examination: The success of a law school is, in part, based upon the passage rate of its students on the
California Bar Examination. A recent Sacramento Business Journal article listed Lincoln as twenty-third in bar pass rate
of the fifty four ABA, State Bar accredited and unaccredited law schools throughout the state. Our cumulative bar
pass rate for the last six graduating classes is 76% (Class of 2011), 65% (2010), 78% (2009), 76% (2008), 69% (2007),
and 87% (2006). Our faculty and administration are very proud of the success of our students. In support of the
efforts of our students with the Bar Examination, Lincoln has made changes to its curriculum providing fourth-year
students with courses designed to assist with Bar preparation. Applied Legal Reasoning/Semantics is a review of the
first and second year subjects taught by our first and second year professors. The Semantics portion of the course is
designed to prepare students for the multiple choice sections of the Bar examination. This course was recently made
a required, rather than elective, course. In addition, the Legal Analysis class is designed to prepare students for the
Performance Test portions of the Bar Examination which are three-hour examinations administered on the first and
third days of the Bar Examination. For the past three Bar examinations, we have also offered a voluntary one-day
mock Bar here at Lincoln. The day consists of three essays in the morning and a Performance Test in the afternoon;
consistent with the first and third days of the Bar Examination. The mock bar examination answers are graded by the
professors who teach the tested subject.
WASC Accreditation: Lincoln, for the past several months, has been preparing materials to be submitted to the
Western Association of Schools and Colleges. The goal is to achieve accreditation from WASC which, of course, will
bring greater notoriety and prestige to our school. The WASC process is difficult, demanding and very time
consuming. The first step in the process is to submit responses and supporting documentation to the twenty-three
WASC criteria. It is anticipated that our materials will soon be submitted to WASC for review and evaluation.
State Bar Visit: As all returning students are aware, the State Bar conducted its five-year accreditation visit on
March 28th through 30th of this year. The visit consisted of meetings with the senior staff, registrar and assistant
registrar, librarian and library staff, admissions committee, Board of Directors, financial officers, students, dean and
faculty. We have not yet received our formal report but, during informal discussions with the review committee
following the visit, we were complimented on the quality of our education, our students, the school’s facilities
(particularly its library), bar pass rate, faculty and staff.
Mentoring Program: This is the second year of our mentoring program with Sacramento County Superior Court
judges. This program was developed by Presiding Judge Laurie Earl (Lincoln ‘86) and is offered to third and fourth -
year students of which twelve are participating. For this academic year, Judge DeAlba (father of Amanda DeAlba
Lincoln ’12), Judge Blizzard, Judge Currier (Lincoln ’90), Judge Roman, Judge Bogert (Lincoln ’96), Judge Krueger,
(Continued on page 2)
In this issue:
July 2012 Bar pass list is out.
See who passed on page
8.
Lincoln Law School attends
the Unity Bar Dinner for
the first time this year.
Story on page 6.
Meet Lincoln’s new
Remedies professor, Jill
Talley.
Congratulations to newly
appointed JUDGE
Gevercer!
Winter | 2012 - 13
“Determine that the
thing can and shall be
done…then, find the
way.”
Message from the Dean
From the Editors 2
Welcome Professor Jill
Talley!
3
Legal Writing 4
Meet Linda Smolich 5
Unity Bar 6
Sacramento District
Attorney Hosted Open
House
7
Message from the SBA
President
8
VOIR DIRE Winter 2012/13
PAGE 2
A Lincoln Law School Publication
Dear Readers,
We are looking forward to being your Voir Dire editors this year. We couldn’t think of a better way to end our law school
career. It’s hard to believe that the end of our Fourth Year is so close. When we started in 2009, this date seemed almost
unreachable.
First of all, congratulations to the Class of 2013 for coming this far. We will be the largest Lincoln Law School graduating class since 1997. This really
says a lot about what great people you are and how hard we’ve all worked. Additionally, the support from professors and fellow students has been
tremendous. Our class has been through many changes together – the integration of a new Dean, mid-year teacher changes and for some reason,
tenured Professors want to retire right before we reach them (no hard feelings!). All this has only added to what we’ve learned technically. We are
great adapters to change, we are zealous advocates for changes we believe we can affect and we have stronger relationships with our classmates be-
cause of these shared experiences. If we can get through this, we can get through anything.
For potential students, if you are thinking about starting on this journey, do it! You are probably weighing the pros and cons right now and wonder-
ing if this is the right move. Is it the right time? Is Lincoln the right school? Can I do it? Well, there is almost never a convenient time to go to law
school. You are giving up three nights a week to a classroom and countless weekends to studying. But, the earlier you start, the earlier you will fin-
ish. It will be one of the hardest things you’ve ever done but there is so much support along the way. Lincoln truly creates a community of future
lawyers and resources. You spend all four years with the same classmates which creates such a positive learning environment. The class works to-
gether toward the common goal of getting through law school and passing the bar, helping each other along the way. If you really want to become a
lawyer and become part of this noble profession, don’t regret the decision to not at least try.
Class of 2014, 2015, and 2016, we know that the end seems so far away. You will do a lifetime of growing in these short years and the time will go
by quickly. For now, spend as much time with your family as you can. You will learn who your true friends are by which ones stick by you, whether
you’re stressed or just unavailable. Lean on your classmates when you need to. Never stop asking for advice, (even though you will get plenty of it
without asking); you never know which piece will change your life.
Our class is proud to soon become part of the Lincoln Alumni family. To our Alumni - thank you for building a superior reputation for future gradu-
ates. You give back to this school every day by acting with integrity and being wonderful people and attorneys. We are grateful to you for leading
the way!
Yours truly,
Peter Khang and Lisa Sotelo, Class of 2013
Judge Abbott, Judge Hom, Judge Fiorini (Lincoln’s Evidence instructor), Judge Thornborne and Judge Lueras are participating in the program.
The program is designed for students to have informal lunch meetings with judges on a once-a-month basis to learn more about the practice of law,
what our students should expect after graduation, the path their assigned judge took from law school to the bench, and perhaps sit in on court
sessions. If everything works out, the possibility of adding a judge as a reference or receiving a recommendation letter is very real.
Legal Writing: We have made some changes to our first-year Legal Writing class. Professor Rouse has stepped down from the position of Legal
Writing professor and responsibility for the class is now in the hands of Kelly McNertney (Lincoln ‘00) who has served as a Legal Writing reader
since 2002. In addition to changes at the helm, Lincoln has, at no expense to its students, purchased the services of Fleming ’s Legal Examination
Writing Workshop. In addition to receiving the Fleming’s materials, workshops were held here at Lincoln on September 29 th and 30th. We will
survey our current first-year students to gain information on the value of the course and whether it will be continued for future first-year students.
Lincoln has also expanded to three the number of tutors working with its first-year Legal Writing students.
As you know, I have an open-door policy and if you have suggestions for ways we can improve our program, or if you just want to talk please feel
free to stop by.
A significant amount of time, an understanding family and above all hard work are all part of the formula for success. Please accept my best wishes
for a successful and rewarding year.
Sincerely,
James M. Schiavenza, Dean
(Continued from page 1)
From the
Editors
VOIR DIRE Winter 2012/13
PAGE 3
A Lincoln Law School Publication
By Peter Khang, Class of 2013
This year, Lincoln Law School welcomed Jill Talley as its new professor of Remedies. Professor Talley was inter-
ested in teaching at Lincoln because she is a firm believer in the school’s mission to provide an excellent educa-
tion through professors who are practitioners and not book writers. More importantly, she feels a personal
connection with Lincoln students because she understands how difficult it can be to balance work and school at
the same time.
Professor Talley was born in New Jersey. She spent the majority of her childhood there, before her family
moved to Naples, Florida when she was 11. She returned to New Jersey to attend Rutgers College in New Brunswick for her undergradu-
ate degree, before traveling west to attend Pepperdine University School of Law in Malibu. Professor Talley met her husband at Pep-
perdine and they are happily married with three children.
Professor Talley’s legal background is extremely diverse. As a third year law student at Pepperdine, she worked as a judicial extern review-
ing motions and drafting recommended rulings for various judges in Los Angeles Superior Court. With her judicial extern experience, Pro-
fessor Talley was able to join a mid-sized law firm specializing in the areas of business, environmental, and employment law in Los Angeles.
She handled all types of litigation and spent the majority of her early career working in courtrooms.
After two years with a mid-sized firm, Professor Talley joined the firm of Feldman & Shaffery. She ultimately became a partner and the firm
was renamed to Feldman & Talley. A few years later, the firm was acquired by Loeb & Loeb, LLP, a large firm with over 300 attorneys na-
tionwide. Professor Talley then decided to accept a position at the Attorney General’s Office in Sacramento. She moved her family from
Southern California to Sacramento and they have been here for the past 10 years.
Professor Talley currently works in the Employment and Administrative Mandate Section of the AG’s Office. The section is a part of the
Civil Division and primarily defends state agencies in employment disputes. Another aspect of her job is to prevent litigation by providing
training and advice to state agencies regarding employment laws. In addition, she also defends state agencies in writ proceedings and makes
appearances in criminal matters on behalf of law enforcement in response to discovery requests of peace officer personnel records. Pro-
fessor Talley states that working at the AG’s Office has “been a great experience and has allowed me to work on a variety of matters and
to constantly improve my skills as a lawyer.”
Though Professor Talley may be new to current students, she is not a stranger at Lincoln as she taught Community Property to 4th year
students in 2012. This year, she replaces Judge Warriner in teaching Remedies to current 4th year students. In replacing Judge Warriner,
she understands she has big shoes to fill. Rather than being intimidated, Professor Talley states that she is “inspired and honored to follow
such an impressive professor and judge.” She finds that Community Property is more fascinating, but Remedies is more complex yet prac-
tical. With her diverse legal background, Professor Talley has been able to use her experience in employment, business, and environmental
law to assist students in understanding complex remedial theories.
Professor Talley truly enjoys teaching Remedies to 4th year students every Monday night. She comes equipped with a power point and her
“jazz hands” to make Remedies as exciting as possible every week. Professor Talley notes that in her first year of teaching, her biggest
struggle is finding a way to keep the class interested while making sure that she teaches the class in a straightforward and cohesive manner.
However, she has been impressed with the
classroom participation, even if the material
may be dry. She looks forward to a successful
year as a faculty member at Lincoln and follow-
ing her 4th year students in their legal careers.
Lincoln Welcomes New Remedies Professor J i l l Tal ley
VOIR DIRE Winter 2012/13
PAGE 4
A Lincoln Law School Publication
By Thomas Sherer, Class of 2015
Many students, myself included, were forming an opinion of their classes well before they ever set foot at Lincoln Law School. A common
refrain heard from many trusted 3rd or 4th year friends was: “Saturday mornings are going to be brutal!” Being prepared for this, many 1st
year students approached their required single unit Legal Writing class as nothing more than an obligatory chore. The truth, however, is
quite different than this story passed down by 4th to 1st year students.
The most important thing to say about Legal Writing is that it has changed significantly in a relatively short period of time. Dean Schiavenza
notes that “Dean Smolich, during his most recent tenure as dean, recognized the importance of the class and devoted a significant amount
of time to its improvement.” These improvements were implemented based on student feedback, following numerous positive reports of
the instruction received from Fleming’s Workshops. “The changes were made with the goal of getting our readers and students to use the
same approach,” said Dean Schiavenza.
As law students, many of us believe we have above-average writing skills, having sat through hours of seemingly remedial English writing clas-
ses in college. This confidence comes to a screeching halt when first exposed to the mystical IRAC format of a law school exam. This is
where Legal Writing steps in, to bridge the difficult gap between being a good writer, and being a good law school writer.
The format of the class is fairly straightforward: individual students are assigned a reader for the year. At the beginning of every class, the
questions for the day are delivered and students break off into their groups. Questions rotate between the core first year subjects
(Contracts, Torts and Criminal Law). After having an opportunity to review the question, each student individually outlines their approach
to answering. Once an outline is completed, the group becomes collaborative and discusses each student’s individual approach to writing
the answer, as well as the substantive law that applies.
This style of mixed study, utilizing both individual and collaborative approaches, does a great job of developing the methods and pathways of
thinking like a law student. By creating your own outline, you are forced to think quickly and in an organized manner, while still receiving the
benefit of learning how other students approached the same question. Furthermore, these meetings are a great opportunity to review and
clarify the law, working through difficult rules with classmates and the reader.
If every successful law student who progressed to 2nd year compared their performance on exams to the effort they put in to legal writing,
they would realize the value. Dean Schiavenza holds that “The Legal Writing course and legal writing in general is very important to a stu-
dent’s success. In addition, the writing we are learning, including the IRAC method does not end with law school and carries on to writing
briefs, motions, letters, and other legal documents.”
The Dean continues to look at ways to make this critical foundational class as beneficial as possible and will be an ongoing focus during his
tenure. Perhaps we can all start to turn the Lincoln legend of brutal Saturday mornings, and treat it like the course it is: an early Saturday
morning introduction to the most difficult form of writing the majority of us have ever faced. The sooner you learn to appreciate it as a 1st
year, the sooner you will reap the benefits.
Changes to F irst Year Legal Writ ing
VOIR DIRE Winter 2012/13
PAGE 5
A Lincoln Law School Publication
By Kristofor Helm, Class of 2014
For the past 25 years, Marilyn Smolich directed Lincoln Law School with the philosophy that students come
first, school tuition should remain low, and all resources should be used to improve academics. As a result,
Lincoln has turned out numerous judges, high-ranking officials, and countless attorneys who positively affect
people’s lives.
Recently, Marilyn decided to step down as Director of Lincoln Law School and pass her duties to her daughter-
in-law, Linda Smolich. Linda has energetically embraced the position and seeks to guide the school with the
same ideals that Marilyn has touted.
In addition to working alongside staff and faculty, Linda is bringing Lincoln "up-to-date" aesthetically and techno-
logically, all while keeping Lincoln Law School's mission in the forefront. Linda has enrolled in Sacramento State’s Masters program in Educa-
tional Leadership and Policy for Higher Education to ensure that all that can be done, will be done for the school.
To get an idea of the direction of Lincoln Law School and an update on some of the programs the administration is seeking to implement, I
conducted a brief Q & A with Linda Smolich:
What are you hoping to accomplish within the next five years at Lincoln?
Currently, our central focus has been to gain accreditation from the Western Association of Schools and Colleges (WASC.) We are contin-
ually analyzing student success and seeking ways to improve student learning.
Additionally, we would like to expand our internship program and seek clerking opportunities in law offices, non-profit entities, and govern-
ment positions.
Lincoln Law School is increasing its presence in the northern California legal community and business community at large. We believe that
the more exposure our school has, the better our graduates will be received in the community. Dean Schiavenza is an important ambassa-
dor for the school at numerous legal functions throughout northern California. It is our goal that legal professionals throughout northern
California will recognize the value and quality of a Lincoln Law School education.
We want to continually increase the usability and livability of our “campus", and are open to student recommendations for how we can
better meet their expectations.
Now that the website is up and running, are there other online programs that you are seeking to integrate into the aca-
demics?
Currently we are focusing our attention on presenting grades in an efficient manner. While TWEN allows for the posting of grades, it does
not allow the breakdown of grades that we would like to offer. Since we are in the midst of looking for a new student information system,
we will choose one that allows for the proper disbursement of grades.
Hopefully, our new online payment system and the course pages on TWEN have been helpful. If anyone has ideas they would like to pre-
sent, please know we look forward to hearing about it.
Is there anything else that you would like to share with students or alumni?
I am thankful for the opportunity to work at Lincoln Law School. I believe in its mission
and am proud to be associated with such a great staff, faculty, and student body. My goal is
to continually improve upon what we already have in any way I can. To that end, I would
like to extend an invitation to everyone to please contact me with any suggestions you may
have to improve our program and/or operations at [email protected]. Your input is
greatly valued.
Welcome Linda Smol ich
VOIR DIRE Winter 2012/13
PAGE 6
A Lincoln Law School Publication
By Angelina Singer, Class of 2015
On October 25, 2012, the Sacramento Unity Bar celebrated its 25th anniversary at the annual
Unity Dinner Gala. Attendees have roots in various ethnic and social backgrounds but share
common professions. This is a night to bring together all of the elements of Sacramento’s legal
society into one Grand Ballroom. As one of the most diverse cities in the nation, there remains
a positive effect in bringing these diverse groups together.
The Unity Bar is an organization comprised of the Sacramento County Bar Association’s minori-
ty affiliates, including the Asian/Pacific American Bar Association of Sacramento, La Raza Lawyers, the Wiley M. Manuel Bar Association,
Sacramento Lawyers for the Equality of Gays and Lesbians, the South Asian Bar Association of Sacramento, Leonard M. Friedman Bar Asso-
ciation and Women Lawyers of Sacramento. At the gala, each of the affiliate bar associations, with matching contributions from the Unity
Bar, awarded scholarships to student recipients.
The event marked a milestone in the association’s history, and tribute was paid to founders Jerry Chong, Luis Cespeda and the Honorable
Renard Shepard (retired). In a retrospective of the Unity Bar’s history and inception, the founders recounted when they joined forces as
presidents of their respective bar associations in 1987 to promote the appointment of minorities to the Sacramento County superior court
bench.
Keynote speaker of the evening was retired California Supreme Court Justice Carlos Moreno. His message reflected how far the effort to
promote diversity has come and emphasized the need to create and maintain pipelines from Sacramento’s legal community to our city’s
diverse populations. His core theme was that diversity within the courts strengthens the impression of fairness and justice and that judicial
systems which include members from many segments of society are more likely to obtain a sense of impartiality within the community that
they serve, fostering the public’s trust and cooperation with the system.
Of significance this year is that it was the first time representatives of Lincoln Law School attended the event. In an article in Sacramento
Lawyer Magazine, distinguished lawyer and organizer of the Unity Dinner Patricia Tsubokawa Reeves noted that guests this year included
“Deans and Professors from King Hall, McGeorge and for the first time Lincoln Law School.” This is an exciting step forward for Lincoln,
participating in this unique dinner which has become a tradition of honoring diversity in the Sacramento legal community. Our very own
Dean was introduced with a flair of diversity by the Master of Ceremonies, Honorable Elena Duarte, who introduced him, with the correct
Italian pronunciation, as Dean Ski-ah-vehns-sa. Unfortunately for us, the Dean did not have a chance to sit with us students (at table 33), as
he was promptly whisked away to table number 1 to sit with Justice Moreno, former California Supreme Court Justice Cruz Reynoso, pre-
siding justice for the 3rd District Court of Appeals Vance Raye, emcee Justice Duarte and associate Justice from the 9 th Circuit Consuelo
Callahan. Not bad company, though we still had to give him a hard time about it afterward.
As a student, it was an honor to represent our school and an excellent opportunity to meet a wide variety of judges and attorneys in the
Sacramento community. The atmosphere of the night was upbeat, and the attendees were receptive, welcoming and encouraging. It felt
very natural that students from as diverse a school as ours would be welcomed to join in the celebration. Lincoln was given a warm recep-
tion, and encouraged to return next year.
Lincoln Attends i ts F irst Unity Bar Dinner
Asian/Pacific American Bar Association of Sacramento
La Raza Lawyers
Leonard M. Friedman Bar Association
Sacramento Lawyers for the Equality of Gays and Lesbians
South Asian Bar Association of Sacramento
Wiley M. Manuel Bar Association
Women Lawyers of Sacramento
VOIR DIRE Winter 2012/13
PAGE 7
A Lincoln Law School Publication
By Pamela Myers, Class of 2013
In response to a flier sent out by the front office, I attended the Sacramento County District Attorney Open House on November 8th. I
wasn’t sure what to expect. As it turns out, the event is sort of a career fair with the opportunity to “rub elbows” with District Attorneys,
learn about career and internship opportunities, and to pick up some always helpful advice.
Upon arriving, the room was bustling with conversation. The students participating included first through fourth year students from UC
Davis, McGeorge and Lincoln. (I do have to say, I was pleasantly surprised by how many Lincoln Law School students came to this event.) I
was worried that I would feel out of place and feel compelled to quickly make way for an exit. This was not the case at all.
I was greeted by Deputy District Attorneys who were eager to find out what school I attended and why I was interested in working at the
DA’s office. The room was filled with attorneys with a wide range of experience and from almost every level; from legal research assistants
to entry level District Attorneys to supervisory District Attorneys. I learned a lot through them about what the work would be like and
what the promotional opportunities would be.
The event is good for students from just about any year and whether you are interested in criminal law or not. It is a fantastic way to get
your name out there for internship opportunities. I was especially interested in getting to know the DAs because I had recently applied for
the “Post-Bar Legal Research Assistant” position. Emailed resumes all start to look the same and this event gives the hiring attorneys the
opportunity to put a face to the name on that resume.
The bottom line is that these attorneys are there specifically to meet you. Law school is hard work, so don’t put that hard work to waste.
Take advantage of these events that can be valuable to your future legal career. Even if you are in your first year with the bar nearly four
years away, this event is a good way to start learning about future opportunities and get advice from experienced attorneys. Legal intern-
ships are a great way to determine what type of law you want to practice and an even better way to acquire legal experience which is be-
coming more crucial for getting a job post-bar. Networking can be difficult and uncomfortable, but it is helpful in standing out above the
rest. For me, it was both an exhausting and exuberating experience.
Sacramento DA Divers i ty Open House and Reception
Attention Alumni and future Alumni!
Please assist us in developing an active and engaged alumni organization! We’d like to see YOU at the next student-alumni gather-
ing. Interested parties can contact the school to get on the mailing list for events and news. Please be sure to advise us of your
contact information. We’re interested in making contact with all alumni, whether you are practicing law in California or not . If
you have more than one
Lincoln Alum at your place
of work, consider becoming
a representative there.
Other avenues to connect
are through LinkedIn and
Facebook.
We’ll keep you posted!
VOIR DIRE Winter 2012/13
PAGE 8
A Lincoln Law School Publication
Congratulat ions Class of 2012 Bar Passers Cheryl Akin
Adele Din^
Michael Dougherty
Rodney Goodman, Jr.
Brandon Hintz
Adrian Hoppes
Michael Lusk
Vikram Mandla^
Trevor Martin
Jesse McClellan
Robert Nelson
Jeremy Rutledge
Mark Shaltes
Michael Shoff
Lisa Ventura
Leah Zabel
This year, as President of the Student Bar Association, I was entrusted with
the task of creating a sense of community among the students, faculty and
alumni. I am proud to say that the SBA so far has succeeded in doing so.
The SBA inaugurated the 2012-2013 school year with the Annual Back-to-
School Picnic at McKinley Park. Students came together with their loved ones
to enjoy food and play. It was indicative of a successful year ahead.
The Fall Mixer at Centros had a great turnout. Many students came to spend
time with each other outside of the classroom atmosphere. Students enjoyed
socializing with one another over food and drinks.
Also, the first Lincoln wear sale of the year was a success. It was one of the
best we have ever had. We are looking forward to doing many more sales
throughout the remainder of the year.
I would just like to say that all of the success so far this year was not an indi-
vidual effort. I would like to give a special thanks to Vice-President Carly
Stockman, Treasurer Kris Helm, and Secretary Gabe Lieberman. You all have
been very active in making this year a success, and your constant efforts are
greatly appreciated.
I would like to thank the student body for giving me the opportunity to serve
as your SBA President and hope we have the same success throughout the
remainder of the year.
Sincerely,
James Schaefers, Class of 2014
SBA President
Message from the SBA President
^ From prior class year
Lincoln Law School students and the Voir Dire congratulate
Professor Steven Gevercer on his appointment by Gover-
nor Brown to the Sacramento County Superior Court!
We wish him the best of luck in his new appointment and are
very proud to have him as a professor at our school.