Arne Werchick argued Edwards v. P.F.E. at the United States Supreme Court, 1968
ARNE WERCHICK
biographical data
Admitted to practice in California in 1965, Arne Werchick completed fifty years of active practice as a civil trial attorney emphasizing representation of plaintiffs in professional liability and similar complex civil litigation and now is fully retired from the private practice of law. Volunteer activities for 2019 include Board of Directors and Board Secretary, Friends of the Libraries, Kona (F.O.L.K.); and Moderator, NJABCTCC (Not Just Another Book Club Travel Conversation Circle), F.O.L.K, a monthly travel conversation group which he founded. In addition to past service as Presiding Arbitrator of the State Bar of California, President of the California Trial Lawyers Association, and Special Counsel to California Advocates for Nursing Home Reform (CANHR), his prior community service included Adjunct Assistant Professor of Law at Hastings College of the Law, Administrative Law Judge pro tem, Chair of the Palm Desert Rent Review Commission, Board of Directors of the Aloha Performing Arts Company, 2018 Chair, Hawaii County Board of Appeals, and numerous other professional and civic organizations. Also the author of CIVIL JURY SELECTION (1988, 2d ed. 1993), THE GREAT BARRIER REEF (1986, 2d ed. 1988 -- proudly co-authored with his wife Ruth), and two teaching loose-leaf texts and many articles and other publications, he frequently has been an invited lecturer at continuing education and other programs.
He and his wife Ruth continue to be avid travelers from their home base in Kailua Kona, Hawaii, and he has now visited more than eighty countries and territories.
Personal and Community Service
Volunteer mediator, Appellate Mediation Program, Hawaii State Judiciary (2020 - )
Commission member, Kailua Village Design Commission (2019 - )
Chair, County of Hawaii Board of Appeals (2018)
Board of Directors (and Board Secretary), Friends of the Libraries, Kona [F.O.L.K] (2016 - 2021); organized and chairs the NJABCTCC [Not Just Another Book Club Travel Conversation Circle], F.O.L.K. (2017 - )
Board of Directors, Aloha Performing Arts Company [APAC] (2017 - 2018)
Palm Desert Rent Review Commission (2006 – 2015; Chair 2009 - 2015)
Town of Truckee Planning Commission (1999 - 2001)
Tahoe Donner Association Governing Documents Revision Committee (1997- 2000)
Tahoe Donner Architectural Standards Committee (alternate 1997-1999, member 1999 - 2000)
USTA NorCal certified umpire (1998 - 2000)
Tahoe Donner Tennis Club Board of Directors (1997-1999)
Conseiller, Confrerie des Vignerons de Saint Vincent Bourgogne et Macon USA (1984-1990)
Vice President, Medical & Professional Society (1977; Director 1978-1979)
Vice President, United Nations Association of San Francisco (1969-1970).
Current memberships: Royal Kona Tennis Club, Metropolitan Museum of Art, American Museum of Natural History, Signal Society (KQED San Francisco)
Life member, Sierra Club and East African Wild Life Society
The Arne & Ruth Werchick Charitable Fund, established in 2014, has been growing since then and proudly supports the Aloha Theatre and Aloha Performing Arts Company, Hawaii Public Radio, and Three Ring Ranch Exotic Animal Sanctuary in Kailua Kona, among other worthy local organizations, with annual grants.
Born April 20, 1940, San Francisco
Wife: Ruth. Children: Leah and Jessica
Professional Background
Special Counsel, California Advocates for Nursing Home Reform [CANHR] , 2009 – 2015).
Special Deputy Trial Counsel, State Bar of California, Office of Trial Counsel (2010 – 2015).
Presiding Arbitrator of the State Bar of California (2006 - 2008).
Administrative Law Judge pro tem, California Office of Administrative Hearings - Keyhea hearings regarding involuntary administration of psychiatric medications to prison inmates (1998 - 2003).
Judge pro tem, San Francisco Superior Court, civil jury trial, settlement conferences, small claims appeals (1991-1997). Nevada County Municipal Court, small claims (1996 – 2004).
California State Bar Committee on Professional Liability Insurance (2011).
California State Bar Committee on Mandatory Fee Arbitration (2001–2008; Chair 2004-2005; Vice Chair 2002-2004).
President, California Trial Lawyers Association (now CAOC) (1980); Vice President (1978 and 1979); Board of Governors, California Trial Lawyers Association (1976-1986).
Chair, California Trial Lawyers Association Amicus Curiae Committee (1982, 1985 and 1986, member 1974-1976, 1978, 1980-1986).
Assistant Editor, California Trial Lawyers JOURNAL (1970-1977).
Chair, California Trial Lawyers Association Committee on Malpractice Law Litigation (1976).
Vice chair, Bar Association of San Francisco Committee on Arbitration and Mediation of Fee Disputes (1996 - 2009).
Assistant Professor of Law [adjunct faculty], University of California Hastings College of the Law, 1971-1984, teaching courses in Legislation and Legislative Advocacy, Government Tort Litigation, and Trial Practice.
Board of Contributors, Medical Malpractice Law & Strategy, affiliated with New York and National Law Journals (1983-90).
Advisory Committee on Voir Dire, Judicial Council of California (1988-1992), established originally by statute as California Task Force on Voir Dire; coauthor of standardized Juror Questionnaire for Civil Cases adopted by California Judicial Council (form MC-001) (1993).
Editorial Board, San Francisco Attorney,Bar Association of San Francisco (1991-1995).
Chair, Section on Insurance, Negligence & Compensation Law, Bar Association of San Francisco (1971)
Vice Chair, California State Bar Committee to Confer with the California Medical Association (1979-1980)
Vice Chair, Medical-Legal Liaison Committee, Bar Association of San Francisco (1970)
Chair, CTLA Legal Students Committee (1970).
Member, Private Judging Advisory Panel, Institute for Social Analysis (1991).
Lawyer delegate to Ninth Circuit Judicial Conference, Seattle, Washington (1969).
Board of Governors, Western Trial Lawyers Association (1983-1986).
Chair, State Legislation Subcommittee, Association of Trial Lawyers of America (1981-1982); Vice-chair, ATLA Administration Department (1983); member ATLA Board of Governors, (1980-1983).
Consultant to Nevada Trial Lawyers Association before Assembly Judiciary Committee of the Nevada legislature (1985).
Consultant to Alaska Bar and Trial Lawyers Associations to Alaska Governor's Commission on Medical Malpractice (1975).
Faculty member: National College of Advocacy, Association of Trial Lawyers of America, Reno, Nevada (1981).
Civil College of Advocacy, San Francisco, Hastings College of the Law (1978).
Instructor, "Law for the Layman," YWCA of San Francisco, 1965.
Teaching Assistant, Department of Speech, University of California (1961-1964).
J.D., University of California (Boalt Hall, 1964); A.B., "Communications and Public Policies," University of California (Berkeley, 1961).
Course certificate, Aircraft Accident Investigation, Institute of Aerospace Safety and Management (University of Southern California (1969).
Mediation training: Commercial Mediation, 40 hours, ADRA (1994); Commercial Arbitration, 7 hours, American Arbitration Association (1994); Fee Dispute Mediation and Arbitration, Bar Association of San Francisco, 11 hours (1992, 1995 and 1996); Advanced Mediation, 13 hours, John Paul Jones Group (1997)
Admitted to practice: California Bar, U.S. Court of Appeals for the Ninth Circuit, and United States District Court for the Northern District of California (1965); United States District Court for the Eastern District of California (1982); United States District Court for the Central District of California (1998); United States Supreme Court (1968).
Legal Experience
From 1965-2005 full-time preparation and trial of civil cases. Areas of primary emphasis were professional liability (attorney or physician malpractice) and medical-legal issues generally; attorney fee disputes; technical liability; personal injury; product liability. Additional experience included business and real estate disputes, insurance carrier liability (in particular insurance bad faith claims), construction defect, elder financial abuse, maritime personal injuries, and other types of damages litigation in California Superior Courts, Nevada District Court, and the United States District Court.
Appellate practice included approximately fifty cases before the California Courts of Appeal and Supreme Court. Appellate case of interest included:
American Bank and Trust Company v. Community Hospital of Los Gatos-Saratoga (1984) 36 Cal.3d 359; briefed and argued (and reargued) before the California Supreme Court on behalf of amicus curiae California Trial Lawyers Association testing the constitutionality of the 1975 Medical Injury Compensation Reform Act.
Edwards v. Pacific Fruit Express (1968) 390 U.S. 538, 20 L.Ed.2d 112, 88 S.Ct. 1239.
Chambers v. Kay (2002) 29 Cal.4th 142.
Gallo v. Peninsula Hospital (1985) 164 Cal.App.3d 899; limited use of undisclosed expert witnesses.
Gampell v. Superior Court (1982) 33 Cal.3d 242; established the authority of the Governor to fill appellate court vacancies authorized by the Legislature.
Nogueiro v. Kaiser Foundation Health Plan (1988) 203 Cal.App.3d 1192; establishing arbitrators' authority to determine law applicable to arbitration awards.
Price v. Shell Oil (1970) 2 Cal.3d 245; expanded the product safety doctrine of strict liability to apply to leased products.
Ramirez v. Superior Court (1980) 103 Cal.App.3d 746; prohibited enforcement of arbitration agreements involving individual patients where the patient did not knowingly and voluntarily agree to arbitration.
Truman v. Thomas (1980) 27 Cal.3d 285; expanded the doctrine of "informed consent" in medical malpractice cases.
Recognition of Experience certificates: "Professional Negligence," "General Trial Lawyer," and "Products Liability," California Trial Lawyers Association, 1979.
List of Publications by Arne Werchick
List of Invited Lectures by Arne Werchick
