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A
group of Sacramento lawyers
find commonality in the different paths that led them to
the front lines of employment law. Their clients reward
them with assignments and accolades that the most seasoned
veteran would be proud to have earned. Most practice in
small firms often stereotyped as lacking depth of resources
and experience for complex litigation. Most do exclusively
defense work. Every generalization has exceptions but one:
they are all women and their graduation from law school
coincided with the emergence of a new type of employment
litigation - litigation based on enforcement of civil rights.
These
lawyers share war stories, refer clients, give business
development and organization tips, laugh a lot and revel
in the success each has enjoyed. Mastery of golf does not
seem to be essential - even to those who enjoy the sport.
Terry
Wigen of Cook, Brown & Prager LLP saw the
potential of meeting regularly with the others. Terry entered
the employment law arena with an unabashed desire to "save
the world" and see "justice" done. She clerked
for the ACLU in law school, working on a groundbreaking
drug testing matter. Then, management was the enemy. Little
did she expect, fifteen years later, to be representing
employers in state and federal courts and administrative
proceedings. "I truly believe that I do more good by
providing management with appropriate training, prevention
techniques and thoughtful advice." When Wigen sees
the need, she is the first to take off the gloves, but "collegiality
with opposing counsel is the best way to resolve differences
and achieve an efficient, cost-effective result for your
client. Without it, a lot of time and money is spent fighting
for the sake of fighting."
After
becoming a partner, Wigen, with Susan Carlsen, convened
the unique networking group to provide interaction and support
and to promote business opportunities in the Sacramento
area. "I feel a real sense of kinship with those in
the group and believe we provide each other not only business
opportunities but a wealth of knowledge about law firm management,
administration and survival tactics that really need to
be shared. I look forward to the crazy stories ("I
once had a judge fall asleep during oral argument and wake
up just in time to rule against me!"), field trips
(bird watching at the Cosumnes River Preserve), frank admissions
("I really don't want to play golf anymore.")
and useful advice ("If you're ever in _____ County
court, don't wear a jacket that actually matches your skirt,
you will be overdressed and people will look strangely at
you.").
Susan
Carlsen, with partner Vida Thomas, was about to embark
on a new adventure as a two-lawyer partnership, when Carlsen
and Wigen began meeting. At the time Carlsen did not know
that she and Thomas would be leaving Kronick, Moskovitz,
Tiedemann & Girard to form Carlsen Thomas LLP
at the end of January 2000. Indeed, she gathered the courage
and resolve to break away in the course of meeting with
others who had struck out on their own and were still enjoying
the respect of the clients whose representation had been
so rewarding in larger firm settings.
Says
Pat Jaurequi, Human Resources Director of Elk Grove
School District, "What I appreciate most is feeling
like I am Susan's only client - the expertise, the getting
back, the follow through. It's the responsiveness and high
quality legal work that make me seek her out professionally
for complex cases."
UC Davis
School of Law Professor Martha West, who taught Carlsen
as a law student and was her client as a member of the Davis
School Board, praised Carlsen as both "incredibly smart"
and as a hard worker - "just what it takes to be an
excellent lawyer."
Carlsen
is the first to credit the founders and leaders of KTMG
with instilling in her the values by which she and Thomas
seek to guide their firm. The pair actually negotiated a
statement of the principles they strive to practice by.
Serving others is their first priority. "This means
your clients, your partners, and all those individuals who
work hard every single day to support you and what you believe
in." But prominent in the mix is that elusive goal
of "balance," which they define as "living
a rich, full life that includes work, play, family and friends."
So far, with Thomas' one maternity leave under their belts,
it's working well for them and their valued clients.
Susan
Sheridan of Sheridan & Carroll LLP provided
Carlsen with invaluable know-how that got the phones ringing,
the computers running and the clients coming - all at the
same time! Sheridan served as managing partner of Knox,
Lemmon, Anapolsky & Sheridan before striking out
on her own with Sheila Carroll in November 1996.
Active with the Chamber of Commerce and Rotary, Sheridan
represents both employees and employers, and actually enjoys
golf. Initially she questioned "what, if anything,
I could bring to the group and what value it could be to
me." She has found the business and personal relationships
invaluable. "We have developed a group culture and
created a network of referrals that has allowed us to do
business together and to represent our clients more effectively."
An experienced
trial attorney, Sheridan has enjoyed working side by side
with Susan Schoenig on employment and corporate matters
and has faced a "formidable" opponent in Nancy
Sheehan as opposing counsel. In addition to Carlsen,
Sheridan has enjoyed counseling Michelle O'Neal and
Glenda Reager regarding changes in their careers.
"The fact that we can each pick up the phone and call
the others to facilitate a process or resolve an issue has
been a very satisfying result of our efforts to get to know
each other on personal level as well as a professional basis."
As far as her clients are concerned, her collegiality and
reputation pay dividends. Donna Selnick, of the CSU
Office of General Counsel, has a vivid recollection of Sheridan's
representing a student who had alleged sexual harassment
by a faculty member. "Her willingness and ability to
see all sides make her a pleasure to work with, when multiple
interests are at stake in a case."
Glenda
Reager, then a partner with Hardy Erich Brown &
Wilson, expressed her confidence in Sheridan by retaining
her to prosecute a lawsuit against one of the area's largest
homebuilders. Reager's subsequent career change has taken
her to one of the largest law firms in the state: the California
Department of Justice.
Michelle
Neal took an entirely different path. After having her
second child, Neal had to decide whether to return to work
full-time as a partner at Littler Mendelson. Wanting
to spend more time with her family than a full-time partner
work schedule would allow, Michelle chose not to return,
without knowing exactly what direction her career would
take. As it turned out, two of her partners at Littler,
Sandra Disario and Debra Hinshaw, were also
looking for a change. All three saw a need for qualified
investigators and trainers who would not suffer a conflict
of interest in any ensuing employment litigation. They formed
Employment Law Counsel, LLP, a law practice that
emphasizes workplace investigations and training. They advise
both employers and employees of their rights and obligations.
Within
months, business was booming for Neal and her partners.
In addition to matters for ongoing clients, requests by
defense counsel or their clients for workplace investigations
or training began pouring in. "When we started getting
really busy," recalls Neal, "there were times
I was working as many or more hours as when I was working
full-time. I had two thoughts-first, this is great for business,
and second, I made the right decision not to work full-time
at this point in my life!" Employment Law Counsel recently
welcomed Mary Lee Thomson, also a former partner
at Littler. For Neal, the last two years have flown by,
and she is grateful she was able to change paths. Her practice
allows her the flexibility she needs with young children
at home, and at the same time provides her the opportunity
to maintain a legal career at the forefront of employment
law.
Of
the group, Susan Schoenig, is a member of the largest law
firm, McDonough Holland & Allen LLP. Her work involves
sensitive matters, not only for her numerous clients, but
for her law firm, where she heads the Employment Law Section
and is a member of the firm's governing board. One of her
specialties is investigation of employment discrimination
and sexual harassment charges. She often works for public
employers who want her to sort out claims involving substantial
conflicting evidence. "If there is a valid employee
complaint, the employer should know it as soon as possible
so that corrective measures can be taken. I don't go into
an investigation to take sides. Even though I am hired by
a city or county, my job is to give the public agency my
best analysis of the facts - even if it hurts."
The
first woman partner in a major Sacramento firm, Schoenig
is proud of the success women have had in the law. Speaking
of the informal networking group, she said, "I've made
wonderful new friends. It's great to be able to share life's
ups and downs with people you trust and admire. Also, it
gives me a great group of attorneys to refer work to. I
have had the pleasure of working with both Nancy Sheehan
and Susan Sheridan on several matters. They were professional,
practical and result oriented, while maintaining a sense
of humor - something you do not always find in litigation."
That sense of humor and a passion for bicycling help this
litigator maintain the perspective critical to a breast
cancer survivor who is also active in counseling other women
with the disease. It's a winning combination in the eyes
of her clients and partners.
Perhaps
the dean of the group is Carol Livingston, managing
partner of Livingston & Mattesich LLP, which
she has led from 5 to 25 lawyers and lobbyists. Carol points
out that her partner, Rebecca Ceniceros, is an employment
attorney who shares the group's characteristics. Ceniceros
graduated in 1982 with a law degree from Boalt Hall. She
served two years as a law clerk for Lawrence K. Karlton,
Chief Judge Emeritus of U.S. District Court, Eastern District
of California, then practiced fours years in San Francisco
as a plaintiffs' attorney in employment law. She switched
to the defense bar and in 1988 joined Livingston &
Mattesich. Ceniceros explained the move, "I wanted
clients who could pay for high quality legal work, along
with the personal, supportive environment of a small firm."
Rebecca has built her employment practice by cross selling
to the firm's lobbying clients and government contacts.
Looking back over the last dozen years, she reflected, "We've
managed to maintain a collegial environment while growing
large enough to serve our national business clients in more
than one capacity. I enjoy the opportunities to represent
them before government agencies on tax, license, Prop 65
and other business-to-government issues."
Ceniceros'
current large private sector clients include Unilever Corporation
and State Farm Insurance. Public sector clients include
the Department of Corrections, the Department of Conservation,
the CHP, the Department of Justice, and the State Personnel
Board. She represented state Assembly members in two highly
publicized cases some years ago. Nina Thomson, then
Chief Counsel for the Assembly Rules Committee, commented
that "Rebecca is the best all around attorney I've
seen. She's great with clients, good on her feet, and really
effective as a writer. Plus, she keeps getting better."
Finally,
Nancy Sheehan of Porter, Scott, Weiberg &
Delehant LLP is the master of the humorous insight that
cements the group. It seems to rub off. Sacramento County
Sheriff Lou Blanas at first claimed he "never
heard of her in my life." Then he couldn't stop the
flow of praise: "Nancy is without doubt one of the
most common sense lawyers who has ever represented the Department.
She is thorough and understands law enforcement thoroughly.
She has a great personality, is friendly, approachable and
has a great sense of humor." For Sheehan the group
provides an opportunity to spend time with women who are
not only great attorneys but also great people. "It
also provides a resource for my clients. If a client needs
an investigation done or advice on collective bargaining,
I can refer them to other members of the group with confidence."
Thirteen
years ago Sheehan's foray into the world of employment trials
had a difficult start. A particle lodged under one contact
lens during opening statement in a sexual harassment case,
causing her to cry out of one eye. "I had to choose
between the mortification of asking for a recess or risking
that the jurors would think I was crying about my client's
conduct. Putting pride aside I chose the former, tried the
case and sent my career in a new direction." She hasn't
looked back.
Sheehan
has devoted her practice to defending employment litigation
ever since. Along the way, she has "found myself saying
words in front of a jury that would make my Catholic school
teachers wince, learned one should never ask a peace officer
client to demonstrate a handcuffing technique on you (it
hurts and you are left in an awkward position), and survived
a client announcing on the stand that 'maybe we made a mistake'
when asked why he terminated the plaintiff's employment."
Dennis Shimek, UC Associate Vice Chancellor has the
highest praise for Sheehan. "In all my years of experience,
which involves hundreds of employment-related suits, from
not complex to multimillion dollar claims, if asked who
I would want to represent UC, of all the attorneys I could
pick, it would be Nancy. Nancy is the most competent, prepared
attorney that I've worked with. That includes attorneys
from many firms in the Bay Area and in Sacramento. She brings
a sense of humor and humanity that makes you feel comfortable
and makes you feel she's real, combined with being a super
fantastic competent attorney. Whenever I have a tough case,
the person I go to is Nancy. She's my number one."
Breaking
away, setting the pace, these lawyers are maintaining their
positions on the front lines of employment law as best demonstrated
by the loyalty of their impressive clients. Less experienced
lawyers may be heartened by realizing that potential paths
to success in this challenging and competitive field can
be not only tremendously varied but also collegial and even
fun.
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