An Interview with San Francisco’s Senior Associate Attorney: Megan Irish

Today we had the opportunity to virtually catch up with our senior associate attorney, Megan Irish from our San Francisco office. Megan Irish is a determined and experienced advocate for those injured in catastrophic incidents and the loved ones of those who died. In 2018 and 2020, Super Lawyers recognized Megan as a Rising Star among Northern California attorneys.

“Our clients come to us often having suffered terrible, life-threatening injuries,” Megan states. “They need superior and compassionate legal representation. I take great pride in helping our clients navigate the complexities of the legal system, ensuring their story is told and obtaining for them full and timely compensation.”

From case investigation, pre-litigation settlement negotiations, drafting the complaint, fact discovery, preparation of experts, and motions practice to mediation, settlement or trial, Megan excels in all phases of civil litigation. With nearly ten years of litigation experience, Megan has assisted her clients recover over $24.5 million in verdicts and settlements.

At the Dolan Law Firm, Megan has successfully represented clients in a wide range of individual cases, including:

Megan is an active member of attorney organizations dedicated to the preserving access to justice for all members of society and fostering ethics, civility, and expertise in the legal profession, including the Consumer Attorneys of California(“CAOC“), and the San Francisco Trial Lawyers Association(“SFTLA”)

Interview with Megan

Hello Megan, thank you for taking the time to speak to us. How does it feel to be nominated as a Super Lawyer Rising star in 2020?

It is an honor to be recognized by my peers as an attorney worthy of this recognition.

Tell us about your last trial in the Vanderheyden case. You received a Plaintiff’s verdict. Is there a point in time when you just know you are going to win the case? Or does it always feel like its up in the air?

The Vanderheyden case was the first time I sat second chair at a trial. I remember sitting with Mr. Vanderheyden at our very first meeting, working over the years, strategizing on his case, and seeing him through to the end was an amazing experience.  As plaintiff attorneys, we do not have crystal balls and cannot promise anything; putting the case in the hands of the jury was nerve-wracking! I never took for granted that Mr. Dolan was doing an amazing job presenting evidence and eliciting testimony that was clear and strong for our Plaintiff.  I am proud of the Plaintiff’s verdict that was obtained, as it was just and right.  I was also very energized by watching the jury at work. 

What has surprised you the most about trials?

The scheduling aspect of witnesses is amazingly difficult, and even though I’d been told about it, it was like a putting together a jigsaw puzzle without all the pieces, nothing really fits together, but you look at the picture and you figure it out as best you can.  You always want to have a witness ready to put on the stand, and sometimes that means having someone wait all day in the hallway, just in case you need them.  It’s very important to be respectful of the jury’s time and keep a case moving forward. 

As a working parent, do you have any advice to other parents? How do you maintain a work and personal life balance?

Right now, at seven months into sheltering-in-place under the pandemic, my work/life balance is very different.  Traditionally, I did my best to be home for dinner, bath and bedtime, and then I would get back to work after my kids were in bed, as needed.  Having that routine with my kids was really important to me, and knowing I’d carve out daily time for them makes working really hard, or on weekends okay, because you are still developing a strong relationship with them.  Now, I’m sharing my kitchen table “office” with a kindergartner and a third grader. This is a very new norm… I make it work by logging in early or logging back in after bedtime as I need to meet deadlines and move cases forward.  I’m taking it one day at a time.  We also recently got a puppy, and I’m finding that taking him on walks has been really good for me, and its energizing to get your body moving and helps me get things done overall.   

Who inspired you to become a trial lawyer?

I decided in third grade I wanted to be a lawyer.  I had no real idea what that meant then, but I’d made my mind up.  After graduating with my bachelor’s degree in Rhetoric from UC Berkeley, I was encouraged by my boss at the dental office I was working at to go on to law.  Her father had been a lawyer, and even though we had a great working relationship at the office, she pushed me to go after my dream.  I left her office after eight years and went to work at a law firm.

What is something you can share with law students that you wish someone would have told you?

I think law students should work for a law firm before going to law school.  So really, my advice is for pre-law students.  I would recommend taking some time between your undergraduate degree and going on to law school to work in an area of the law you are interested in. Everyone should see first-hand what a law career can look like before committing the time, energy and money to the education.   

What tips would you share with new attorneys who are about to explore your field of work?

Take an anatomy class.  Learning about the body is crucial for any personal injury attorney.

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Inching toward equality for LGBTQ+

By: Christopher B. Dolan and Lourdes DeArmas

Jennifer K. asks: Did Gov. Gavin Newsom just sign into law protection for pedophiles?
Dear Jennifer: No. That is far from the truth.

Pedophiles are not protected under the recently passed California Senate Bill 145. Unfortunately, we are currently living in a reactionary time. We hear something and instead of researching and confirming, we react. Most of the time, our reactions are based on emotion and fear, not logic. As soon as SB 145 was signed into law by Gov. Newsom, Twitter and Facebook were immediately inundated with posts shared thousands of times about how California Democrats “just passed a pro-pedophilia bill” and “they want to protect pedophiles who rape and lure your children” and also: “No felony for having sex with a minors.” #SaveOurChildren started trending on all social media. This is simply wrong!

The fervor over SB 145 clearly exemplifies that there was either an intentional misconstruing of the law in an attempt to mislead and create a reactionary fear, or possibly the fervor came from blatant ignorance and failure to educate oneself. SB 145 has nothing to do with pedophiles and it does not shield predators who rape children. Even in a statutory rape situation, an adult will still be charged with a felony. The legislation merely eliminates anti-LGBTQ+ inequality and actually standardizes the rules about who is required to be on the state’s sex offender registry.

SB 145 is what is called in other states a “Romeo and Juliet law” – and it is limited to consensual relationships that involve non-forcible statutory rape situations and only erases the mandatory registration as a sex offender. Specifically, SB 145 is really a “Romeo and Juliet,” “Romeo and Romeo” and Juliet and Juliet,” type of law. The main point was to protect a young couple who is having consensual sex. Meaning, that neither would have to automatically register as a sex offender. The judge and the prosecutor would have discretion. But SB 145 does not create a new law, it only amends current law to include other non-forcible sexual acts. The cutoff is still 14 years old. The statute does not apply to minors 13 and younger.

Under current California law, vaginal intercourse (specifically penile-vagina) between a minor (14-17 years) and partner within 10 years of age is illegal but does not require mandatory registration as a sex offender. A judge is allowed to decide if the convicted person would be placed on the sex offender registry or not.

This distinction in the law before SB 145, disproportionately targeted LGBTQ+ young people for mandatory sex offender registration, since LGBTQ+ people usually cannot engage in vaginal intercourse. For example, if an 18-year-old heterosexual man has vaginal intercourse with his 17-year-old girlfriend, he can be arrested, charged and convicted of a crime, but is not automatically required to register as a sex offender. The judge is allowed to make that decision. However, if an 18-year-old gay man had sex with his 17-year-old boyfriend, the judge would have been required by law to automatically place the adult on the sex offender registry, regardless of the circumstances.

Therefore, SB 145 only amends current state law to include other types of intercourse such as oral, anal sex and digital penetration. SB 145 eliminates an inequality and discrimination in a sentencing law that has harmed LGBTQ+ youth related to California’s sex offender registry.

To be clear, SB 145 has no effect on the level of crime prosecuted or sentencing for that crime. It only takes away automatic sex offender registration and leaves it up to a judge to make that determination. The laws against sex with minors remain intact. It is still illegal to have sex with a minor under the age of 18.

More importantly, nothing in SB 145 would protect an individual who commits a sex offense against a minor under 14, nor can they take advantage of the discretionary relief provision. Luring a minor for sex is also not protected under this bill. Those types of sex offenders are predatory and would not benefit from the changes in SB 145.

Our state is inching towards equal rights in all forms of laws to LGBTQ+. Unfortunately advances towards equality under the law, such as SB 145, are marred with personal biases and fear mongering.

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People boating under the influence may be held responsible

Written by: Christopher B. Dolan

Today’s question comes from Terry M. from the East Bay: 

Terry M.: “My son was out on a lake boating with some of his friends on Labor Day. Aside from the fact that I am not happy about the fact that there were a bunch of kids hanging around when they should be social distancing, there was alcohol involved. He is over 21 so that’s not the problem.  A number of people were on jet skis. To make matters worse, some of them didn’t have any experience. One of the jet ski owners let an inexperienced friend use his jet ski. As this person was showing off, the kid came in too fast and crashed into my son severely injuring his leg.  He had to go to the hospital and have screws put in place. The police were not called but my son said the kid who hit him had been drinking heavily. What can we do now without there being a police report? We have thousands in bills and my son can’t work.”

Dear Terry: Terry, unfortunately each year we receive numerous calls from people who are injured in boating accidents. These crashes often lead to serious injuries, drownings, mutilation by propellers and in too many cases, death. According to the U.S. Coast Guard, in its 2018 Recreational Boating Statistics Report, there were 633 fatalities nationwide in 2018. In that same period, there were 2,511 recreational boating injuries and 4,291 accidents. Alcohol is the leading contributing factor in fatal boating accidents accounting for 100 deaths or 19% of the total fatalities. 

Several issues arise from your question: drinking, experience and also lending a watercraft to an intoxicated person.

First, the law examines facts and events to see if there was “negligence.” Put simply, negligence is the failure to control yourself, your actions and property, as  a “reasonable person would.”  Often, what is “reasonable” is codified in a local, state or federal law.

Starting in January of 2018, the State of California began phasing in a boater education requirement and California Boater Card (CBC- often referred to as a boating license) requirement. As of January 1, 2020, California Harbors and Navigations Code Section 678.11, requires a boater to be 16 years or older. Any boater 35 years or younger (16-35) must be in possession of his/her CBC to operate any vessel powered by 15 horsepower or more, including personal watercraft (jet skis). From what I gather, the operator didn’t have a license.

Harbors and Navigations Code Section 655 (a) provides that, “No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”  Section (b) states: “No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug.”

Section (c) states: “No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood.” Also, Section (f) states: “No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.”

Here it appears that the operator violated Harbors and Navigations Code Sections 655 and 678.11. Note that Section 655, subsections (b) and (f), do not require a determination of a blood alcohol limit, only a showing of being under the influence which can be demonstrated by testimony of witnesses. Therefore, while a police report would have been helpful, it is not necessary. The driver is, therefore, negligent.

Although the driver is negligent, he may not have any insurance. If he has personal assets they may be attached, following a trial, to satisfy any monetary award. Here, however, it appears that the owner of the jet ski, knowing the operator’s inexperience and that he had been drinking, is potentially liable for, “negligent entrustment,” of his jet ski, and, if he has insurance on the jet ski, it may pay for your son’s medical bills, lost wages, and the pain and/or disfigurement he has suffered. 

Have your son contact a trial lawyer, with experience in boating accidents, to get a consultation.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Email questions and topics for future articles to: help@dolanlawfirm.com.

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With Election Day coming, here’s how to vote in California

Written by: Mari Bandoma Callado and Christopher B. Dolan

Billy S. asks:

Q: “I have seen many terms like provisional, mail-in and in-person voting. It’s all very confusing. Can you explain what this all means?”

A: Thank you for your question Billy. In order to fully participate in our democracy, we encourage all eligible voters to exercise the right to vote in local, state and national elections.

Election day is Tuesday, Nov. 3, 2020. This year, all of California’s registered voters will be mailed a ballot no later than 29 days prior to Election Day per Gov. Gavin Newsom’s Executive Order N-64-20. Due to the COVID-19 pandemic, this is an unprecedented election and new voting location rules are in place should some voters still choose to participate in-person.

This article will discuss how to register to vote in the Nov. 3, 2020 General Election, explain what a provisional ballot is, how to vote by mail, where to find information on how to vote early and in-person.

Eligibility
To register to vote in California, you must be a U.S. citizen and a resident of California. You must be 18 years or older on Election Day. For information on eligibility if an individual has a criminal history or subject to conservatorship, click here.

How to register
To check if you’re registered to vote, click here. To register online, you can fill out this online application. The application is available in several languages including English, Spanish, Chinese, Hindi, Japanese, Khmer, Korean, Tagalog, Thai and Vietnamese. You can also register to vote using the California voter registration form or obtain a form at your local library, U.S. Post Office, or Department of Motor Vehicles offices. Note that your registration must be postmarked or submitted electronically no later than Oct. 19, 2020 to participate in the Nov. 3, 2020 election.

What is a provisional ballot?
If you miss this deadline to register, you may conditionally register to vote and cast a provisional ballot by visiting your county elections office, a vote center, or a designated satellite location during the 14 days prior to, and including Election Day. For more information, click here.

A provisional ballot is a regular ballot that is placed in a special envelope prior to being put in the ballot box. Your provisional ballot will be counted after election officials have confirmed that you are registered to vote in that county and you did not already vote in that election. To check the status of your provisional ballot, click here for a list of county contacts and information on how to check the status of your provisional ballot.

How to vote by mail
All registered voters will be sent a vote-by-mail ballot for the Nov. 3, 2020, General Election and registered voters do not have to apply for a vote-by-mail ballot for this election. Instead of going to the polls on Election Day, you may vote using the vote-by-mail ballot that will be sent to you. After you vote, insert your ballot in the envelope provided and you have several options to return your voted ballot:

  1. Mail it to your county elections official (must be postmarked on or before Election Day and received by your county elections office no later than Nov. 20, 2020);
  2. Return it in person to a polling place or the office of your county election officials (note that vote-by-mail ballots that are personally delivered must be delivered no later than 8 p.m. on Nov. 3, 2020;
  3. Drop off your ballot in one of your county’s ballot drop boxes (no later than 8 p.m. on Nov. 3, 2020);
  4. Authorize someone to return the ballot on your behalf (must fill out the authorization section found on the outside of your ballot envelope).

For a list of county elections offices, visit: https://www.sos.ca.gov/elections/voting-resources/county-elections-offices/

Can I vote early?
California voters can also vote before Election Day, from Monday, Oct. 5, 2020 to Monday, Nov. 2, 2020. However, dates and hours vary depending on where you live. Early voting and vote-by-mail ballot drop off locations may be found on the Secretary of State’s early voting website.

Can I still vote in person?
In-person voting locations will also be available to voters. Gov. Newsom’s executive order gave California counties permission to limit in-person voting operations as protection against the spread of COVID-19 but only if they also offer three days of early voting. If you are choosing to vote in person, make sure to confirm your polling location by visiting the Secretary of State’s website.

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Resources for Those Affected by California’s Wildfires

Written By: Megan Irish and Christopher B. Dolan

Sarah from the North Bay writes:

Q: “I just heard on the news that my friend’s neighborhood was evacuated for the fires, what can I do to help her, what are the resources available?”

A: Dear Sarah,
I’m so sorry to hear your friend was evacuated. There are a lot of resources; let me point out a few to get your friend started:

California Department of Social Services
California maintains a Disaster Help Center online.  This site has resource guides, both in English and Spanish. They have links for CalWORKS, which is an assistance program for families with children in the home, and CalFresh, which helps with funds for food. If your friend was already receiving these benefits and had to abandon their home (and their pantry), there are resources for, “replacement,” benefits, too. If your friend doesn’t think she normally would qualify for the benefits, she should still check it out. There are special circumstances when disasters happen, and families who may not typically receive benefits could qualify for assistance for a short time during the disaster period. There are also resources for housing administered by the local county if your friend needs a place to stay. Additionally, you can find a link to unemployment services there. Since many folks are displaced from their work in these fires, or perhaps their employer has themselves displaced or the business is closed, your friend may need financial assistance for a time. Your friend also could look into California’s State Supplemental Program (SSGP), which may be able to provide assistance.

California Department of Motor Vehicles
The DMV is assisting fire victims who need replacement documents from the DMV free of charge. If your friend needs DMV documents, they should reach out to the local field office, call 1-800-777-0133, or online. Being evacuated can be a really stressful time. If your friend is experiencing any emotional distress, and needs to talk to a professional, there are counseling services available. The Substance Abuse and Mental Health Services Administration (SAMHSA) has a Disaster Distress Helpline that provides 24/7,365 resource available for any human caused or natural disaster. The helpline can be reached at 1-800-985-5990 or text TALKWITHUS to the number 66746. 

California Department of Insurance
Your friend will also likely need to reach out to his or her insurance providers. A good resource is the California Department of Insurance; it has a guide to expedite the recovery process. It can be found here. The website has “evacuation checklists” for policyholders, as well as top ten tips for claimants, and insurance company contact lists. There are also links for in-person help centers, called “Local Assistance Centers” which are typically located in the heavily affected counties. Right now, there are centers in Santa Cruz, Monterey and Solano. There is also a link to success stories. In your friend’s time of turmoil seeing that there are so many resources available may be reassuring. 

Red Rover
If your friend has pets, there are other resources available throughout the State, too. A good resource with numerous links is Red Rover. It groups resources geographically throughout the state. This site also has resources for first responders who may need help caring for their pets while they are working, plus, it even has a financial assistance link for families who need help getting their pets veterinary care. 

CalFire
Most counties’ websites will be a primary resource for people evacuated like your friend. For example, Napa County has an assessment map, evacuation map and live cameras (showing vistas all over the state) on their website. People affected by the wildfires should check out their county resources. 

Cal Fire has a site with information about both federal agencies and local counties. The California Community Foundation also has a website dedicated to the Northern California Wildfire Relief. The federal government also has a website with a lot of links.  Your friend can find it here. The federal site has links for mortgage and rental relief as well as help with food and bills.

Red Cross
Finally, there is the National Red Cross. The Red Cross has hundreds of resources and links for people affected by the wildfires, and an app that can be downloaded for smartphones. The Red Cross also has resources on how to prevent fires.  When your friend gets home, they can reassess their property and decide if they have a good defensible space surrounding their home, and they can evaluate whether their plant choices are fire resistant. The site includes suggestions on spacing out plants so fire won’t jump between them, as well pruning trees, mowing grass and removing any dead vegetation to remove fuel. 

I hope your friend gets home soon, and that their home is in good condition. I hope these resources are helpful in the meantime. 

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