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  • Kenneth E. Bacon Senior Associate
  • Phone: 916-491-4246

    Fax: 916-447-4614

    Email: Kenneth E. Bacon ›

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Kenneth Bacon

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Mr. Bacon is a senior counsel with the Mastagni Holstedt law firm in Sacramento. For the past 30 years his practice has focused on representing and advising lawyers on a wide variety of matters. During that time period he has represented and advised attorneys and law firms in legal malpractice cases, ethics and
risk management matters, fee disputes, fee arbitrations, State Bar disciplinary actions, and malicious prosecution cases. Mr. Bacon has also been certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Legal Malpractice Law.

Mr. Bacon has lectured throughout California on a variety of topics including attorney’s fees, legal ethics, fee arbitrator training and insurance coverage and served as a consultant and expert witness with respect to attorney malpractice, ethics and fee issues.

Mr. Bacon is currently the Presiding Arbitrator for the State Bar of California’s Mandatory Fee Arbitration Program. He has also been a member of the State Bar Committee on Mandatory Fee Arbitration since 2007, serving as the Committee Chair in 2011-2012 and Vice-Chair in 2010-2011. Mr. Bacon was an at large member of the Sacramento County Bar Association Board of Directors from 2014-2017, and he has been the Chair of the Sacramento County Bar Fee Arbitration Committee since 2010. He has served as a fee arbitrator for the Sacramento County Bar Fee Arbitration Mandatory Fee Arbitration Program since 1999, and also serves as a settlement Judge Pro Tem for the Sacramento County Superior Court and as an arbitrator for the Sacramento County Superior Court Judicial Arbitration Program.

Mr. Bacon is also a member of the American Bar Association Standing Committee on Professional Responsibility; the National Legal Malpractice Data Center; the Association of Professional Responsibility Lawyers (APRL); the ABA Litigation Section, and the Sacramento County Bar Association.

SEMINARS

  • Panelist:  Emerging Ethical Challenges to Fee Agreements and Fee Claims; State Bar Ethics Symposium April 12, 2019
  • Speaker:  California’s Revamped Rules of Professional Conduct, MCLE program Marc 1, 2019
  • Panelist:  Tips & Training:  Attorney Fee Dispute Arbitration & Mediation; National Association of Legal Fee Analysis Attorney Fees, April 26, 2018
  • Speaker:  Nipping Fee Disputes in the Bud, Sacramento County Bar Association Solo & Small Firm Division, February 7, 2017.
  • Speaker:  Updates on Enforceable and Ethical Fee Agreements, California State Bar Association Annual Meeting, September 30, 2016.
  • Speaker:  Mandatory Fee Arbitration – The Good, The Bad, and There Is No Ugly, California State Bar Association Annual Meeting, September 30, 2016.
  • Speaker:  Ins and Outs of Mandatory Fee Arbitration: Placer County Bar Association 2016 Annual MCLE Retreat, April 23, 2016.
  • Panelist:  Tricky Law Firm Billing Issues, California State Bar Association Annual Meeting, October 9, 2015.
  • Speaker:  Attorney’s Fees – Making Green Ethically & Practically; 2014 Sacramento County Bar Association Annual Meeting MCLE Program; December 14, 2014.
  • Panelist:   Top Ten Things that Place Lawyers in Hot Water; California State Bar Association Annual Meeting, September 13, 2014.
  • Panelist:  The National Association of Legal Fee Analysis Attorney Fees Conference; October 25, 2013.
  • Panelist:   Tricky Law Firm Billing Issues: It’s Not Easy Making Green; California State Bar Association Annual Meeting, October 11, 2013.
  • Panelist:   Getting Paid, Fee Agreements That Work, California State Bar Association Annual Meeting, October 12, 2013.
  • Speaker:  Basic Fee Arbitrator Training Program (Nevada County Bar Association) State Bar of California’s Committee on Mandatory Fee Arbitration, December 11, 2012.
  • Speaker:  Basic Fee Arbitrator Training Program (/Napa/Solano County Bar Association) State Bar of California’s Committee on Mandatory Fee Arbitration, November 8, 2012.
  • Speaker:  Basic Fee Arbitrator Training Program (Yuba/Sutter County Bar Association) State Bar of California’s Committee on Mandatory Fee Arbitration, October 24, 2012.
  • Panelist:  Attorney’s Fees: Practically, Ethically, California State Bar Association Annual Meeting, October 12, 2012.
  • Panelist:  Mandatory Fee Arbitration – The Good, The Bad, and There is No Ugly, 2012 California State Bar Solo & Small Firm Summit, Long Beach, CA, June 21, 2012.
  • Speaker:  Avoiding Ethics Issues and Fee Disputes in Family Law, Sacramento County Bar Association, Family Law Chapter, June 5, 2012.
  • Speaker:  Advanced Fee Arbitration Training Program, San Diego Bar Association, State Bar of California’s Committee on Mandatory Fee Arbitration. March 15, 2012.
  • Speaker:  Basic Fee Arbitrator Training Program (Alameda County Bar Association) State Bar of California’s Committee on Mandatory Fee Arbitration, January 26, 2012.
  • Panelist:  Lighten Your Load: Mandatory Fee Arbitration in California, San Diego County Judiciary, December 6, 2011.
  • Panelist:  Getting Paid: Fee Agreements That Work, California State Bar Annual Meeting September 16, 2011.Panelist:  Your Fair Share:  Fee Sharing and Liens, California State Bar Annual Meeting September 16, 2011.
  • Speaker:  Basic Fee Arbitrator Training Program (Sacramento County Bar Association) State Bar of California’s Committee on Mandatory Fee Arbitration, August 25, 2011.
  • Speaker: Basic Fee Arbitrator Training Program (Redding, CA) State Bar of California’s Committee on Mandatory Fee Arbitration, August 18, 2011.
  • Panelist: Working Collaboratively: How Attorneys and Paralegals Can Prevent Legal Malpractice and Avoid Ethical Pitfalls, Sacramento Valley Paralegal Association and California Alliance of Paralegal Associations, November 13, 2010.
  • Panelist:  Attorney’s Fees: Practically, Ethically, California State Bar Association Annual Meeting, September 24, 2010.
  • Panelist:  Attorney’s Fees: Practically, Ethically, California State Bar Association Annual Meeting, September 11, 2009.
  • Panelist:  Advanced Fee Arbitration Training Program, San Diego Bar Association, State Bar of California’s Committee on Mandatory Fee Arbitration. September 10, 2009.
  • Panelist:  Advanced Fee Arbitration Training Program (Sacramento), State Bar of California’s Committee on Mandatory Fee Arbitration. May 20, 2009.
  • Panelist:  National Association of Legal Fee Analysis – The San Francisco Attorney Fee Dispute Program:  “Attorney Fee Disputes in a Volatile and Uncertain Economy.”  March 19, 2009.
  • Panelist: Fee Arbitration Training Program (Santa Monica), State Bar of California’s Committee on Mandatory Fee Arbitration. November 6, 2008.
  • Panelist: Fee Arbitration Training Program (Sacramento), State Bar of California’s Committee on Mandatory Fee Arbitration. May 22, 2008.
  • Speaker: Ethical Duties of Counsel for Organization, Sacramento County Bar Professional Liability Committee November 1999.
  • Panelist: Recent Developments in Insurance Law. Lorman Education Service. March 8, 1994.
  • Panelist: Recent Developments in Insurance Law. Lorman Education Service. March 11, 1993.

PUBLICATIONS/ARTICLES

  • Mandatory Fee Arbitration: A Primer; The Daily Journal, December 9, 2016.
  • Your Fee Agreement Can Be a Valuable Risk Management Tool; State Bar of California, September 2016.
  • Sacramento Lawyer, Mandatory Fee Arbitration: Try It, You’ll Like It, March 2015.
  • The Sacramento County Bar Association’s Mandatory Fee Arbitration Program, Sacramento Lawyer, July/August 2014 Issue.
  • The Ethical Lawyer, The Rules of Professional Conduct, Ethical Issues about Advertising and Solicitation through Social Media; Sacramento Lawyer, March/April 2014 Issue.
  • Nip Fee Disputes in the Bid; The Daily Journal, November 8, 2013.
  • Fee Agreements That Work, California State Bar Association Committee on Mandatory Fee Arbitration.
  • Avoiding Ethics Issues and Fee Disputes in Family Law, Part II, August 2012, The Family Law Counselor, Sacramento County Bar Association, Family Law Chapter.
  • Avoiding Ethics Issues and Fee Disputes in Family Law, Part I July 2012, The Family Law Counselor, Sacramento County Bar Association, Family Law Chapter.
  • Co-Author/Editor:  Statute of Limitations for Fee Arbitrations, Committee on Mandatory Fee Arbitration, Arbitration Advisory 2011-02.
  • Author:  Your Fair Share: Fee Sharing and Liens, Program Materials, State Bar of California Annual Meeting, September 2011.
  • Author:  Getting Paid: Fee Agreements That Work, State Bar of California Annual Meeting, September 2011.
  • Co-Author: Arbitration of Loan Modification Fee Disputes, Committee on Mandatory Fee Arbitration, Arbitration Advisory 2010-01.
  • Co-Author/Editor:  Fee Arbitration Handbook, Committee on Mandatory Fee Arbitration.
  • Co-Author/Editor: 2010-2011, Case Summaries, Cases Relevant to Mandatory Fee Arbitration, Committee on Mandatory Fee Arbitration.
  • Author: Analysis of Recent Cases from the California Supreme Court and Courts of Appeal Regarding Insurance Coverage Litigation. Lorman Education Services, March 1994.
  • Author: Alternate Dispute Resolution: The Benefits to Insureds and Insurers of Resolving Claims Out of Court. December 1993, Claims People.
  • Author: The Latent Defect Exclusion: Recent Developments in the Application to Construction Defect Claims. November 1993, Claims People.
  • Author: Recent Developments in the Duty to Defend: How Far Does the Potential For Coverage Extend? October 1993, Claims People.
  • Author: Recent Developments in Insurance Coverage Litigation. Lorman Education Services, March 1993.
  • Author: Insurance Coverage News: California Supreme Court Rejects Advertising Injury Coverage for Statutory Unfair Business Practice Claim. September 1992, Claims People.
  • Author: Update on the Trigger of Coverage Applicable to Continuous or Progressive Damage Liability Claims. August 1992, Claims People.
  • Author: First Party Environmental Property Policy Claims. Sacramento County Bar Association, Docket, September 1991.

REPORTED APPELLATE CASES

  • J.C. Penney Casualty Insurance Co. v. M.K. (1991) 52 Cal.3d 1009 [Significant California Supreme Court decision regarding insurance coverage pertaining to the willful act of insured (no coverage for sexual molestation)].
  • Hensley v Caietti (1993) 13 Cal.App.4th 1165 [Significant Appellate decision relating to the legal malpractice statute of limitations and tolling during continuing representation].
Education:
Admissions:
  • California State Courts
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. Court of Appeals, Ninth Circuit
Professional Associations, Honors & Activities:
  • Martindale-Hubbell AV Preeminent Rating.
  • Certified Specialist, Legal Malpractice Law, State Bar of California Board of Legal Specialization 2011 to present.
  • Presiding Arbitrator for the California State Bar Mandatory Fee Arbitration Program January 1, 2013 to present.
  • Assistant Presiding Arbitrator California State Bar Mandatory Fee Arbitration Program 2010-2012.
  • Chair of the California State Bar Committee on Mandatory Fee Arbitration 2011-2012; Vice-Chair 2009-2010; Committee Member 2007-present.
  • Chair of the Sacramento County Bar Association Mandatory Fee Arbitration Program 2011 to present.
  • Board Member of the Sacramento County Bar Association Board of Directors, December 2014 to December 2017.
  • Chair of Sacramento County Bar Association Ethics Committee 2016- to present.
  • California State Bar Association; Member (1984 to present); Member Law Practice Management & Technology and Litigation sections.
  • 2015, 2016, 2017 and 2018 Sacramento Magazine Top Lawyers – Legal Malpractice.
  • Attorney-Client Fee Arbitrator, California State Bar Mandatory Fee Arbitration Program (2005 to present).
  • Attorney-Client Fee Arbitrator, Sacramento County Bar Association Mandatory Fee Arbitration Program (1999 to present).
  • Sacramento County Bar Association; Member 1988 – present.
  • American Bar Association (1984 – present); Member Standing Committee on Professional Responsibility, National Legal Malpractice Data Center; Member Forum Committee on Construction; Member Litigation Section.
  • Association of Professional Responsibility Lawyers (APRL) Member 2010 to present.
  • Member of the National Association of Legal Fee Analysis [NALFA] 2011-2014.
  • Judicial Arbitrator, Sacramento County Superior Court 1990 to present.
  • Settlement Judge Pro Tem, Sacramento County Superior Court(1996 to present)