Lincoln Law School, Voir Dire, Winter 2012

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


PAGE 3


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


PAGE 4


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


PAGE 5


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


PAGE 6


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


PAGE 7


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!


PAGE 8


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.

Documents

Lincoln Law School, Voir Dire, Winter 2012