Mark A. Easter
By Mark A. Easter
In February, our legal community lost one of its greatest role models. Justice Barton C. Gaut (“Bart”) served as a Riverside County Superior Court Judge from 1995 to 1997, and as Associate Justice of the Fourth District Court of Appeal from 1997 until his retirement in 2010. However, he first came to Riverside in 1963, and began his career with Best Best & Krieger, where he worked until his appointment to the bench in 1995. Bart had over 200 jury trials during his career, and gained a reputation for being a master trial lawyer, able to try a wide variety of cases. He also gained a reputation for his transcendent civility and professionalism.
This remembrance focuses on the tremendous impact Bart had on new attorneys who had the opportunity to work for him, and observe his dedication, discipline, civility and professionalism. I had the privilege of working for Bart from my BB&K summer clerkship in 1988, until I was a senior associate in 1995. New attorneys working for Bart couldn’t help but be in awe of him. He commanded respect, not because he was a bully, or spoke over you (as some people today think is the path to respect), but because he was wise, he was prepared, he was dedicated, and he was measured with his words. His depositions weren’t filled with shouting matches; when opposing counsel made a frivolous “vague” objection, Bart would just pause, look quizzically at opposing counsel, then ask the witness: “Do you understand the question? Yes. You can answer.” For 3 or 4 years, I worked with Bart on a battle over the ownership, control and occupancy of the Fox Theater Building, which was the subject of a 99 year lease entered into in the 30’s. I had the privilege of watching Bart going up against another highly accomplished litigator, Donald Powell, in a 2-3 week jury trial. The case was hotly contested, and there was no love lost between the parties, but Bart and Mr. Powell remained civil throughout. No deceptions, no personal or ad hominem attacks, no procedural game playing. The impression made on this young litigator was immense.
Bart was also incredibly disciplined with his schedule, including the preparation and management of his cases, but also getting regular exercise and making time for family vacations. Bart was a great mentor, and had a unique way of expressing his confidence in you. On one occasion, we were litigating a very contentious business/claim and delivery action in Orange County. Bart was out of town for a few days, there was lots of activity on the case, and I sent Bart an e-mail that bombarded him with “what do we do now” type questions. As his way of saying “this is a messy case, but you’re doing as good of a job sorting it out as I could,” Bart responded “This is a fine kettle of fish you’ve gotten us into…”
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Justice Barton ("Bart") C. Gaut
U.S. Bankruptcy Judge Meridith Jury (retired)
Judge Jury started her career at Best Best & Krieger in 1976. Judge Jury recalled a story that illustrates Bart’s wisdom, insight, and ability to mentor. “[We were involved in] a dispute between the City of Corona and a water contractor regarding work he had done on the water system. I had done the depos and research and wrote the trial brief, so I knew the evidence etc. It was a judge trial in Riverside. During the trial, the contractor tried to get a bunch of stuff into evidence that was inadmissible for varying reasons. Bart would jump up and object and time and again the judge would overrule him and admit the evidence. When the day ended, Bart commented to me that he was pretty confident that we were going to win. I asked why and he said because the judge had bent over backwards to admit all that evidence and when they did that, most likely they were going to rule for the party which was overruled. Sure enough, the judge ruled 100% in our favor. I never forgot that lesson and observed the same thing happening in cases I tried. I never panicked when evidentiary rulings flooded against me again.”
U.S. District Court Judge Virginia Phillips
Judge Phillips began her career as a litigation associate with BB&K in 1982, and became a partner in 1988. Judge Phillips shared a humorous story that illustrated Bart’s discipline and dedication. “One morning, when we were trying a case out in Victorville, I arrived at the office about 7 for our drive to the courthouse to find Bart wasn’t there yet. I was mystified because he was famously early. I went from puzzled to worried as I waited. When he arrived, he was sporting fresh stitches and blooming bruises on his face as well as a sheepish expression as he explained that he’d been delayed by a trip to the ER after being struck by a car when he was out for a pre-dawn bike ride. Did he ask for a continuance of trial? Of course not. We drove out to Victorville, spent a day in trial and his only concession to his injuries was asking me to do the driving. He was a mentor who led by example. I owe him more than I can say.”
Jack Clarke, Past President, Riverside County Bar Association
Jack Clarke began his career with BB&K in 1985. But before that he was a Summer “law clerk”. No one in Jack’s family had ever been an attorney, so “I didn’t know how law firms worked or much about what lawyers really did.” One of his first assignments was from Bart. Bart provided no explanation to Jack. “He just left me this big ugly file, concerning some sort of a title insurance dispute, with a sticky note that said: ‘Read, Review and give me your recommendations.’
I couldn’t ask him what he meant because he was in trial. I tried to get my breathing under control, wiped away the flop sweat and turned to the file. After several hours, I concluded that I needed more information. So, I decided to call the client to clarify a few things. I got what I thought I needed from the client, carefully did my research, and wrote a memorandum with my recommendations.
I intentionally waited until Bart was away from his office and tip-toed in to put it on his desk (for all I knew this might be the last thing I ever did for the firm). Later, he summoned me into his office. I asked him if the memo was sufficient, and I believe he said something close to these words: ‘Yeah. The memo is pretty good. (Which, I, was later to learn, was about as much praise as Bart would give to anyone.) But I suggest that you NEVER call a client while you are a law clerk with this firm again.’ I was sure my legal career was over. But I kept at it and, to my relief, got an offer from BB&K at the end of the summer. I initially thought about looking around for other possibilities. But Bart made a point to call me to his office after I had received the offer to encourage me to join the firm. It was because of Bart Gaut that I started my legal career at BB&K. Justice Barton Gaut was, by a fair margin, the best attorney I was ever lucky enough to work for and with.
James Gilpin, Partner, Best Best & Krieger, San Diego
Jim Gilpin spent the first years of his career working directly for Bart. In those years, Bart “had a profound impact on me. He taught me the importance of hard work and how to behave professionally and deal with difficult adversities. I will never forget some of his unique expletives; when a situation called for it he would blurt out “RAFT” or “YOGURT!” He was truly one of a kind and a magnificent role model as an attorney and person.
Cynthia Germano, Partner, Best Best & Krieger, Riverside
Bart was also incredibly supportive of female attorneys who worked for him. Cynthia Germano began working as a litigation associate at BB&K in 1990. When she was still a junior attorney, Bart asked her to work with a client on a matter. In her first phone call with the client representative, an older male, the client suggested that he would prefer to speak with a male attorney. “I reported this back to Bart, assuming the project would be reassigned because we of course didn't want to anger or lose the client.
Bart calmly but forcefully, and with that Bart sly smile, said "Cynner, clients don't get to tell me who works on the matters they give to me." He told me to continue doing the work that had been assigned, that the quality of my work would speak for itself, and if the client ever said anything further, he would step in. He was right, and the client never said anything further. Bart's support and confidence in me meant everything.
I also appreciated that he navigated the situation in the way that was best for my growth and the firm. He showed us that you not only have to be a great lawyer (and he was the best), but that the approach to a given issue is sometimes just as important.” Cynthia’s final comment about Bart sums it all up: “I don't think there was anyone who ever worked for Bart that didn't want to be just like him when we grew up.”
I agree with Cynthia. We all wanted to be like Bart. And as Jack Clarke so aptly put it, “May God care for him.”
Our next RCBA General Membership meeting will be on Friday, April 18th. Jeremy Roark will be presenting on “Autism and the Law.” Hope to see you there!
Mark A. Easter is the president of the RCBA, a partner at Best Best & Krieger LLC, and has been residing and practicing law in Riverside since 1989.
