Interview with the Honorable Thomas T. Lewis

Interview with the Honorable Thomas T. Lewis
By Kevin Singer*

Recently, I had the honor of interviewing the Honorable Thomas T. Lewis, who served as the Supervising Judge for the Los Angeles County Superior Court Family Law Division for 13 years where he oversaw the operations of approximately 70 family law departments. Currently, Judge Lewis is working with Signature Resolution where he is a private judge, mediator, arbitrator, discovery referee and parent plan coordinator.

Below are excerpts from our interview.

Question (“Q”): Where were you born and raised? What were some of your fondest memories growing up?

Answer (“A”):  Born in Sacramento.  Lived in Fresno until age 13, then Southern California since.  My fondest memories growing up were the several trips a year we took to Yosemite.  I also loved YMCA Camp Sequoia.  I learned fishing, boating, canoeing, paddleboarding, archery, hiking, and camping. Once I got to So Cal surfing captured my imagination in 1963 when I got my first board.

Q:  Was there a specific reason you chose to attend the University of California, Los Angeles undergraduate? 

A:  I considered it a great school.  Still do.

Q:  As an attendee of the University of California, Los Angeles, what areas of study and activities were you most passionate about?

A:  I followed an American Studies degree which allowed me to take a variety of classes as I was heading to law school.  I studied everything from symbolic logic to Chaucer, from the philosophy of language to economics. 

Q:  Did you know from an early age that you wanted to pursue law?

A:  Yes. I was encouraged by my parents and found it an exciting opportunity.  I love to debate and look for the best ideas and outcomes.

Q:  I see you continued on at La Verne College of Law to pursue your Juris Doctor. Was that your top pick and was there a professor who made a lasting impression on you and why?

A:  It wasn’t my top pick, but I wanted to complete law school as I had left college for two years.  I didn’t want to wait for wait lists or another year.  I think my torts professor was inspiring.  He had a picture in his office of two children and a dog, it was Dick and Jane.  Dick said, “Look Jane, see spot run.”  The professor told me that if you can’t say it like that, you don’t know what you’re talking about. 

Q:  You also attended Pepperdine University Strauss Institute for Dispute Resolution to pursue a Masters Degree in Law. What inspired you to pursue the Masters Degree in Law?

A:  In July 2019, I attended the Harvard Law School Program on Negotiation certificate program in preparation for moving into private dispute resolution.  I was inspired.  I knew Pepperdine was highly regarded.  So, in the middle of the pandemic, I enrolled and graduated in 2023.  I continue as a Senior Fellow of the Straus institute providing lectures and mentoring to those who attend Straus.

Q:  After graduation, you worked as a principal attorney at Rehwald, Rameson, Lewis & Glasner from 1980 to 2006. What kind of matters did your practice focus on during your 26 years with this law firm?

A:  I did a little of everything in the beginning but by 1982 I knew I wanted to specialize in family law because it mixed so many areas, including my favorite areas of finance and property.

Q:  After working in private practice for 26 years, what led you to your decision to become a Superior Court Judge?

A:  Several people encouraged me to apply for appointment.  I was fast tracked.  I felt I had accomplished all that I wanted as a lawyer, and now it was time to devote myself to public service.

Q:  In 2006, former Governor Arnold Schwarzenegger appointed you to be a Superior Court Judge. Did you have an opportunity to meet the Governor and what were your impressions of him?

A: I didn’t meet Gov. Schwarzenegger as part of my appointment.  But we did participate together in a program for a Christmas Party for children in East Los Angeles called the Miracle on 2nd St. Parade.  It was memorable.

Q: You were a Family Law Judge from 2006 until your retirement in 2019. What was the main challenge you saw parties facing which prevented them from settling their cases?

A:  Family Law involves people in great distress, sadness, anger, sometimes including victimization because of domestic abuse.  I think it is often difficult for the parties to separate the raw emotion from a wise, cost benefit risk analysis in most of the cases.  Other times, family law involves protecting children from being the victim, the prize, or the ammunition. 

Q:   You retired from the bench in December of 2019. What led to this decision?

A:  I turned 70, became eligible for retirement, and took it.  I knew I would continue working for Rutter Group as an author of the Family Law Practice Guide, and providing teaching in family law through its subsidiary, California Family Law Report (CFLR).  I also knew there was a great opportunity for private dispute resolution in the private sector.

Q:   Since your retirement from the County Courts, you joined Signature Resolution serving as a Private Judge, Mediator, Arbitrator, Discovery Referee and Parent Plan Coordinator. What led to your decision to join Signature Resolution?

A:  I was invited to join Signature which at the time had about 20 neutrals.  I caught their vision for providing dispute resolution services and the groundswell of enthusiasm to do things differently.

Q:  What are the advantages of hiring a Private Judge as opposed to using a Public Judge?

A: You can also flex your time without the constraints of the public system.  If the parties want a hearing on a court holiday, and everyone agrees, we hold the hearing.  Cases generally move much more quickly. You can set case management conferences with skilled counsel and provide efficiency and fairness.

Q:  What are the disadvantages of hiring a Private Judge?

A:  Cost is the only downside.  Parties have the opportunity to receive disclosures about other work the judge has done with the lawyers involved.  I think a concern for some litigants is the fear of familiarity because the lawyers hire this particular private judge frequently.  As with the public system, parties must anticipate things may not go there way.  When you select a private judge, she/he must be willing to make a hard call, not just split the difference or try to make everyone happy.  Judging is different from mediating where common ground is the metric.

Q:  Can a private Judge employ a Court Receiver?

A: Simply put, yes.

Q: What are some of the factors that persuade you to appoint a court receiver?

A: If there is fraud, waste, abuse, or mismanagement, or if the parties are unable to cooperate and to assure a level field, a receiver can often help minimize cost and delay.  One aspect is whether an operating business can tolerate the additional cost as eroding the margins within a business.  I have also appointed receivers where I am concerned that both parties are not reliable, so a neutral person is necessary.

Q: What qualifications do you like to see in the receivers that you appoint to your cases?

A: I think having a good business sense, understanding how businesses operate combined with a practical sense of what the market is really like.  A good receiver has an effective team so not everything is billed at the receiver’s higher rate.

Q: Once you have appointed a receiver, how much communications and updates would you like to receive from your receiver? 

A:  I like to set frequent check-in meetings with parties, counsel, and the receiver so we can monitor progress.  It also helps the parties see “the why” of the cost of the receivership.  Also, frequent check-in tends to avoid controversy if it can be resolved informally.  The formal process of setting hearings, declarations, etc. can often times be avoided with frequent conferences.

Q: What is your position on receivers bringing ex parte motions when there are exigent issues that could impact the receivership estate?

A:  If there is an emergency, I want the receiver to communicate with me, raise the issues, copy to counsel, and then I like to set a status conference to see if we can solve the problem without more litigation.  If the receiver needs an ex parte order, he/she has all the same rights.

Q: What is the one piece of advice you’d like to share with a receiver or anyone else that is going to appear before you?

A:  Focus on the big picture, but don’t forget the details.  Actually answer the court’s question (very hard for all of us).  Be civil- it’s not your responsibility to scorch the earth with invective or personal attack while being a strong advocate.  I had the occasion to meet Don Schlitz who wrote “The Gambler.”  I think we all need to know when to hold them; know when to fold them; know when to walk; and know when to run. There will be plenty of time for counting before the dealing is done.  Words for every advocate.  When I told Don that I use his chorus in lots of teaching and even in cases, he said, “I know, my wife’s a lawyer.”  True story from backstage at the Grand Ole Opry. 

Q:  Since you also handle mediation and arbitration, what are the advantages of parties going this direction as opposed to litigating?

A: Parties should always try consensual dispute resolution (mediation) where they are in charge.  Litigation has great cost, not just fees.  I like this mantra- Settle what you can and litigate only if you must.

Q:  Since I have seen the beautiful surfing art in your office and we have shared surfing stories, please share how you got into surfing?

A: I started surfing in 1963.  I bought a 9 ft. Jacobs from a neighbor.  I continued surfing until 2019 but back surgery ended my time.

Q:  What are some of your favorite places that you have surfed?

A:  I have surfed most of California, Moore Meadows in the Channel Island (semisecret spot), and Honolua Bay on Maui, as well, East Cape above Cabo San Lucas some great spots.  My home spots: Malibu, C-Street, Rincon.

Q:  Have you surfed with any celebrities or pro surfers?

A:  It’s a long story, but I did have occasion to surf with Kelly Slater at Moore Meadows.

  Q:  Now that your surfing days are behind you, what do you like to do when you’re not working with Signature Resolution.

A:  I am still very active.  I ride Peloton, and work out regularly with weights.  We are doing lots of traveling, so lots of walking.

Your Honor, thank you for taking the time to share your background, practice, experience, and passions with our readership.

 

*Kevin Singer has been a Court Receiver for the last 25 years and served in over 600 cases. He is also the President of Receivership Specialists and serves as a Court Receiver, Trustee, Referee and Provisional Director throughout the United States.

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