THIS JUSTICE HAS A TIP …

Justice Ronald Robie of the Third District Court of Appeal thinks every lawyer in California should post a sign in his or her office that says, “Never do anything on the last day or at the last moment.”

Robie’s little nugget of advice comes free of charge for most attorneys, but not for the law office that represented Imagistics International Inc., a company that sells photocopiers and related products to public-sector offices.

Two years ago, Imagistics lost a bid for a $37.5 million contract with the state Department of General Services, even though Imagistics submitted the lowest bid, according to the April 5 opinion, which was published Friday. When the company’s lawyers sent an associate and an assistant to the department’s offices to file paperwork required to protest the award, they realized minutes before the 5 p.m. deadline that they didn’t have the filing fee and arbitration deposit. A second assistant arrived with a check just after the department officially closed.

The case was appealed to the Third District after Sacramento County Superior Court Judge Lloyd Connelly refused to void the contract. And last month, Imagistics lost again.

Justices Rod Davis, George Nicholson and Robie shot down various arguments made by Sacramento attorney Paul Dauer, whose law office represented Imagistics during the bidding process and on appeal. He retired in December.

And then Robie offered a few generous words of wisdom in his concurring opinion in Imagistics International v. Dept. of General Services, 07 C.D.O.S. 4914.

What happened to Imagistics was “an easy mistake to make,” he said, “but one easily correctable if the filing was not made at the last moment.”

On Monday, Dauer said that due to the way protests of public contracts work, he essentially had four days to put together his client’s complaint. “It’s always a really short time frame, and I’m not sure the court really appreciated the unique characteristics of the bid process.”

� Matthew Hirsch



SPEIER’S NEXT MOVE

Jackie Speier’s career came full circle May 1 when the attorney-legislator-candidate-author joined the San Francisco firm of Hanson, Bridgett, Marcus, Vlahos & Rudy.

Speier earned her J.D. from Hastings College of the Law in 1976 but quickly eschewed the courtroom for the political arena. In 1978, as an aide to Rep. Leo Ryan, Speier famously survived the tarmac ambush at Jonestown that took her boss’ life. She ran for Ryan’s vacant seat and lost, but was elected two years later to the San Mateo County Board of Supervisors.

A Democrat, she spent 10 years in the Assembly and eight years in the state Senate before term limits forced her out of office. Her career in Sacramento ended � perhaps temporarily � when she finished second in the 2006 Democratic primary race for lieutenant governor.

That opened the door for Speier at Hanson, Bridgett, a firm with a long list of politician alumni, from former San Francisco Mayor George Moscone to current state Sen. Darrell Steinberg, D-Sacramento.

“This is not your ordinary law firm,” Speier said. “It’s just comprised of some outstanding talent and wonderful people. I think I was drawn here more by the people than anything else.”

Speier will work in the firm’s public agency section, but she will not be litigating.

“Right now I’m working on some government agency work, transportation issues, water and, you know, whatever comes in the door,” she said.

The new job still leaves Speier time to promote her shared autobiography, “This is Not the Life I Ordered,” to serve as president of the California Elected Women’s Association � and to ponder another possible campaign for office. Media reports have suggested she may run for Congress in the near future.

“I certainly believe that I have another campaign in my future, but I’m just not sure when and where yet,” she said.

� Cheryl Miller