Q&A: Robert Retana
Editor’s note: Robert Retana joined the State Bar’s Office of General
Counsel in February and was promoted to deputy general counsel in August.
Psyche Pascual of the Bar Journal talked with Retana about his background and
motivation for becoming second in command of the agency’s legal department.
This is an edited version of the interview.
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Retana |
What attracted you to the State Bar?
Robert Retana: I was interested in doing some sort of
work that included service to the public, and I liked the State Bar’s mission,
which is protection of the public, ensuring that legal services provided to
them are not just adequate but actually good legal representation. It combines
a lot of areas that I’m interested in. Working with board members, the
executive staff and the various committees and different parts of the bar that
we provide advice to. It’s a very interesting mix of work that you get to do
here at the Office of the General Counsel.
Is there a particular part of your job that you like
best?
I like interacting with our clients and helping them resolve
issues that come up. Trying to learn the various parts of the bar, all the
various functions of the bar, what they do and then trying to help them.
The bar’s under scrutiny. How does that affect your work?
It’s a really interesting time. As a lawyer you always want
to have a client that has interesting issues to work on. Now is an interesting
time to be at the bar with everything that’s going on. And hopefully as deputy
general counsel one of the things that I can try to do is help work through
some of the issues that have occurred in the past and try to help the staff
improve those areas where we need improvement, but also highlight the good
things that the bar does and help get that message across that we also do lot
of things here that are beneficial and help members of the community.
You had long stints in government jobs, including the
DA’s office, where you were an assistant district attorney.
The area that I had worked on, at least towards the end of
my time at the DA’s office, was domestic violence. So I’ve done many domestic
violence cases, including an attempted murder domestic violence case. I really
liked working with the victims and helping them to understand what their rights
are, and how the system can protect them. It’s very challenging because
obviously it’s a very emotional type of case, and the victims are often very
reluctant to testify. I found it really rewarding and really interesting to try
to help people in a very real way using the court system, which most people
find very intimidating, to help them hopefully exit from an abusive
relationship.
When a victim was reluctant to testify or file a charge,
what would you do to coax them?
Try to explain to them how the system works and why it’s
important to speak up for themselves, to find their voice in the process and
also to try help them understand there’s basically a cycle of violence. It’s
likely to continue unless they’re able to leave that relationship. We also had
very good advocates at the DA’s office who would work with the victims and help
them work with these issues, which are very complicated.
Are there any particular cases that stand out in your
mind?
During an attempted murder domestic violence case, it was
particularly significant to me to try to achieve justice for the woman in that
case because she was pregnant when it occurred and wound up having a baby from
the man who wound up going to prison for that. So I understood that the
consequences were very great no matter what the result was, and it motivated me
to do the best job I could for her.
You also did a lot of work in private practice. I was interested
in your work at Pearson, Simon. Can you share some of your more interesting
cases there?
At Pearson Simon, they emphasized antitrust class actions
representing plaintiffs. So I was part of the TFTLCD antitrust case against the
manufacturers of the LCDs that go inside big-screen televisions, and it wound
up going to trial in front of judge [Susan] Illston. I was part of that trial
team. That was obviously exciting because you don’t get to go to trial that
often when you’re a civil litigator. It’s a very good firm. They have great
lawyers. I worked a lot with Bruce Simon, who’s a partner there and one of the
top antitrust lawyers in the country. It gave me the ability to work with
really top-notch lawyers on interesting and complex issues.
What was the outcome of that particular case?
There were a lot of settlements with individual defendants
and then we went to trial against one of the defendants and got a verdict in
our favor.
Did you enjoy doing class action suits? It seems like
that would fold into your public service work.
Yes. Class actions are a really important vehicle to obtain
justice for consumers because many times the damages for an individual consumer
are not large enough for them to pursue an individual action. So it’s only by
joining them together in a class action that you can really get justice for a
large number of people. It’s a very useful vehicle because as a class member
you really don’t have to do that much – opt in or opt out – and you can still
wind up having really great lawyers representing you throughout the proceedings
and hopefully recovering money that’s owed to you as a class member.
You also worked for the Administrative Office of the
Courts [now called the Judicial Council]. Is that somewhat similar to what
you’re doing today? You were representing the agency against claims and
lawsuits.
It’s more of a mix for me here. When I was at the AOC I
handled litigation. I didn’t do any transactional work. I really didn’t do any
advice work. It was all just handling claims and litigation. It helps me
understand how litigation works against a public entity. But [the State Bar] is
definitely more of a mix. I look at contracts, documents that need to be
presented to the board and make sure they look okay. But it’s helpful because
the AOC is part of the judicial branch so it helps me understand how that
system works.
Are there any challenges or goals you’ve been tasked with
at the State Bar?
I have an antitrust background. Antitrust issues have been
part of the forefront of discussions that have occurred with the governance
task force, for example, so I’ve been able to use my background in
antitrust laws to analyze some of those issues for the board and for the
governance task force and here internally at the bar. But other than that I’m
learning all the various things that go along with the position, all the things
that [retired Deputy General Counsel Larry Yee] did. We’ve hired a few people.
Just trying to work with [General Counsel] Vanessa [Holton] to make sure we
have a very strong office here.
I noticed that you’ve been very active in La Raza legal
organizations. How important is your culture and heritage, and how has that affected
you as an attorney?
I grew up in Boyle Heights and came from a large family.
Number seven out of eight children. I try to always remember where I came from
and identify very much with my culture. I try to keep that connection going.
I’ve been on the board of Centro Legal. I feel it’s important that people have
access to legal representation even if they can’t afford it or can’t afford
very much. It’s important to have those programs and those resources. And I’m
very interested in art and Latino art in particular. I really have enjoyed
being a member of the board of Galería de la Raza. It’s also a good balance
because as a lawyer it’s nice to have an opportunity to be part of something
where people are more creative. The issues that they’re having, the events that
they have, are just very different than the things that I do all day long. So
it’s a nice change and nice balance for me to work on those things. And I think
art is such an important way to express culture. It expresses so many things.
Culture. Politics. Whatever’s going on at the moment. Art is a way to express
those things in a way that’s very different than the written word. So I really
like it.
Was there anything about growing up in LA or growing up
in Southern California in general that drove you to become an attorney?
Growing up in Boyle Heights, at the time, I felt like
Latinos and minorities in general were isolated to specific neighborhoods and
really weren’t as incorporated into the mainstream, whether it’s politics or
media, entertainment, business. My experience was that we were very isolated from
that and kept in specific niches. And so I think it’s important that people are
not limited to certain neighborhoods, occupations, ideas, what have you, and
that you become part of the society at large. I just felt it was in some ways
an isolated community. And so it made me want to understand the system, how the
system worked, it made me want to be an advocate, and it made me want to strive
to represent my community in a way that was positive.
Did your family immigrate the U.S. recently?
My grandparents are from Mexico. My parents were both born
in the United States.
Did you see any kind of mistreatment in your neighborhood
of Latinos? Was there any kind of social justice aspect that drove you into
law?
I don’t know that I saw specific mistreatment of Latinos
because where I lived most everybody was Latino. But I did become aware, for
example, the high school that I went to was not as good or well-funded as other
public high schools in Los Angeles. So as you get older, you start to notice
the disparities in how schools are funded, the type of education you receive,
the resources that are made available to specific communities. And you start to
see that there’s a lot of injustice in the way that government responds to specific
communities. So that made me also want to have the ability to be an advocate
for those types of things, whether it’s as a lawyer or through community involvement.
So then you went to Boalt. That would have been …
I graduated in 1990. I went to Columbia College and then I started at Boalt
[UC Berkeley School of Law]. I started at Boalt in 1987.
Was there a lot of activity there that interested you,
political issues?
At the time there was a very, what I would consider a very
strong group of minority law students, Latino, African-American and Asian law students. There were a
lot of issues at that time around diversity and the legal profession. I was
very interested in that. There was a big push at that time to diversify law,
particularly large law firms. But I have to say, I’m not really persuaded that
that’s panned out the way people were anticipating at the time. I feel that we
have a long way to go.
Do you mean people thought things would change more
rapidly?
Yes. It still feels to me like we have a long way to go. My
own personal experience has been is that there’s still a lack of diversity in
many areas of the legal profession.
You ran for a superior court position in 2010. Can you
talk a little bit about what drove you to seek public office?
We have a long way to go in terms of diversifying the bench.
So I felt it was important to try to raise that issue in my campaign. I also
think that was sort of a crash course in politics, in San Francisco politics in
particular. So I learned a lot doing that that I wouldn’t have learned
otherwise. I view it as a positive thing. I view it as something that
enables you to put your ideas out there and express them, and as a candidate
have people want to know what you think about those things.
Was there anything that surprised you about campaigning, good or bad?
Obviously it’s really important to be able to raise money.
And that is something that you deal with as a candidate. I didn’t enjoy that
part of it as much. I found that a bit of a challenge. The good thing about being
in the United States is really any person who has the desire to run for office
can put their name on the ballot. And even if you don’t win, I think that’s an
incredible opportunity, it’s an incredible honor to be able to put your name on
the ballot and have people vote for you. People don’t have that opportunity in
many parts of the world. So I really appreciated that.