VOL XX NO.3
SERVING
WEST LOS ANGELES
APRIL 1998


ARTICLES IN THIS ISSUE

BHBA Supports Bill To Maintain State Bar
Join Us On Line!!
President’s Message

Brief Notes—a potpourri of people and events
Barrister President Spring is here . . . and so are the Barristers
Coming Events
Business Law Section Luncheon
Something To Chew On
Letters...On Wine and (Bouquets of) Roses
Barristers "Nuts and Bolts" Series
Back By Popular Demand!!
Real Estate Luncheon
Welcome to our new Members (September-March)


BHBA SUPPORTS BILL TO MAINTAIN STATE BAR
Board Recommends Modifications; Opposes Bills to Eliminate Bar

At its April 14, 1998 meeting the BHBA Board of Governors voted unanimously to support the “State Bar” bill (AB 1669 Hertzberg) with certain modifications. The Board also voted to oppose the bill of Senator Kopp (SB 1167 which would eliminate the State Bar and the proposal of Assemblymember Morrow (AB 1791) which would eliminate all Bar programs (including IOLTA, Client Security Fund, legal services to the poor, Ethics Hotline and the Judicial Nominee Evaluation Commission) except bar admissions and discipline. The Board found that the continuation of a vigorous state bar was important to the administration of justice, to a high level of professionalism, and to the delivery of legal services in the state.

The Board noted that the Kopp Bill would transfer all administrative functions of the Bar to the Administrative Office of the Courts (AOC) and would propose to transfer all other functions (and the assets) of the Bar to a state wide voluntary professional organization to be formed. The Board noted that the Chief Justice of the Supreme Court has publicly opposed the transfer of these functions to the AOC, and that the transfer of public assets to a private association is probably prohibited by law.

The Board also noted that the Morrow bill would also lower dues to such a level the Bar could not carry out its mandated functions.

In supporting the Hertzberg bill the Board proposed that it be amended to add back to the proposed functions of the State Bar the California Young Lawyers Association, the Conference of Delegates, the substantive law sections and the State Bar Journal, all had been eliminated in the bill now pending in the State Legislature.

The Hertzberg bill is now pending in the Senate where it must be amended to include an “urgency provision” so that it can become effective immediately and fund the State Bar for the balance of this year. It will then be returned to the Assembly for concurrence. The bill will need a two thirds vote for passage.

President John W. Patton, Jr. said, “The opponents of the State Bar have been contacting members of the Legislature. It is important that Senate and Assemblymembers hear from supporters of the profession and the bar.”

The Board has directed that a proposed proforma letter be posted on the BHBA web site home page (www.bhba.org) along with the mail and e-mail addresses of legislators. The Board has requested that BHBA members write to their respective legislators in support of the BHBA position on the Hertzberg bill. “It is suggested that interested persons download the letter from the web site and adapt it as he or she sees fit and send or email it to all or some of the Senators of Assemblymembers,” Patton said.

Recent reports have indicated that, without additional funding, the State Bar will have to close its doors within 60 days. The disciplinary office will begin refusing to take complaints within the next several weeks.


Join Us On Line!!
New BHBA Web Site
WWW.BHBA.ORG
Barry E. Shanley

In an announcement mailed to its members this month, the BHBA proudly rolled out its new web site. The URL (uniform resource locator) on the internet is "www.bhba.org." The site was designed, with the assistance of the bar's web designers and consultants, to be user-friendly and practical in the day-to-day practice of law.

Through the BHBA web site users will have access to almost every court in California, all Federal Appellate Courts, and the Supreme Court of the United States to get forms, calendars and tentative rulings (where available) and decisions. There is access to legal research sites as well as links to the White House, the U.S. Senate and House of Representatives and the entire State of California government.

Web site users will be able to register for future continuing education programs and meetings, join the BHBA, find colleagues through the members directory, join BHBA sections and committees and keep abreast of their activities, take advantage of the BHBA member benefits, purchase publications published or distributed by the bar association, participate with other BHBA members in legal discussion groups and (coming soon) use discussion areas dedicated solely to specific practice sections of the Bar.

The design and construction began under the presidency of Immediate Past President, Barry E. Shanley. "The development of this web site gives all lawyers, particularly solo and small firm practitioners, the same resources that were once available only to major law firms," Shanley said. Join Us On Line!!

 


President’s Message

TIPS FOR STRESS MANAGEMENT

by John W. Patton

“Let’s stop letting everyone else dictate how we live our lives.”

“Save your mind. It’s the only one you’ll get.”
Anonymous.

Actually, the author of that quote is not “Anonymous.” I made it up. Lately, I’ve been doing a lot of thinking about losing my mind, and what I can do to prevent it. Maybe by now I would have gone crazy anyway. Look at the things I do. I am Senior Litigation Counsel at my job, and I have trials stacked up like planes landing at LAX, at least three big matters calendared between now and the start of this Summer. I am active in my church. In addition to being a trustee, I help administer a Sunday School class. In addition, my wife is a full-time student in a Doctoral program in Psychology. Since she also runs her own business, Stephanie often finds herself studying and writing papers at all hours of the night. More often than I care to consider, I am up with her, typing papers or generally being a sounding board or guinea pig as she develops her skills as a budding psychologist. Did I mention that we have four kids, ages 13, 11, 7, and 6? Seemingly, they are co-conspirators in a plot to drive their parents insane. Then there are the two big dogs, the house, the two cars, and anything else that I am forgetting at the moment.

So, I may well have been destined for lunacy. I’m under pressure from major stressors in my life that I brought upon myself. But on top of everything else, I’m in the middle of my term as bar president. By the merest coincidence, my term commenced just as the ink was drying on Gov. Wilson’s signature on his veto message, the one that jeopardizes the survival of the State Bar of California, at least aspects of it dear to many attorneys. In the best of times, my becoming president would have added to the stress in my life. These are not the best of times.

In any event, the crisis of the moment is my need to write another president’s page. That’s just what I need, more pressure. Another deadline. As I stressed about what to write, I stumbled upon my subject, namely, stress and how to deal with it. I figure that if I need to get a handle on the stress in my life, perhaps a couple of you may find a few tips on this subject helpful. Also, I would like to suggest something out of the ordinary for president’s pages. A dialogue. If you’re so inclined, I want you to write, fax, e-mail, or phone. Talk to me. Let me know any systems or strategies you use to manage your stress. If any of you present any good ideas not covered here, we may include them in a subsequent article. The key is, let’s do something to take charge of our own destinies. Let’s stop letting everyone else dictate how we live our lives. Let’s decide what we will do, when, with whom, and to what extent. In other words, let’s get organized.

First, a disclaimer: I am not formally trained in this kind of stuff. Also, I don’t employ all of these measures myself, although I believe they work. The point of my article is taking responsibility for your own life; only you are responsible for choices you make. Start right now.

I. Learn To Say “No.” What a concept. You can turn folks down. You don’t have to do everything. Imagine, someone comes to you and proposes you take on another massive time-consuming project, and you politely refuse. Since many of us are Type-A personalities, we need to buy into two propositions on this one. First, you can’t do everything. You do have limits. Others know that, but don’t expect them to help you realize yours. If they can get you to take on the assignment, they don’t have to do it. Second, you are not indispensable. (Even if you are, it is wise to conservatively assess your own significance in any activity.)

It may seem like heresy, but projects in which you do not play a leading or major role may turn out just fine, thank you. Other people can get the job done. Don’t feel you have to be deeply involved to make it work. In other words, you can say “No.”

II. Schedule, Schedule, Schedule. Don’t be haphazard. Don’t just try to get everything done by throwing yourself more vigorously at all your projects. Devise a schedule. Now, there are two concepts here. First, keep track of what you’re supposed to do as determined by others, but also, set your own personal schedule. Don’t just let others dictate your schedule to you. Your boss, or the client, or the judge may set items on your schedule over which you have little control. But break out of the trap that you allow everyone to dictate everything you must do, and when you must do it.

Second, and probably even more important, schedule your personal time items, and social/family items, as well as business items. Long-term, family items are far more important than business. If you misprioritise your life, you may achieve the pinnacle of business success, but, in my mind, fail at the more important life’s endeavors of being a good spouse, parent, sibling, or friend. Never let anyone else determine for you what is most important to you. If you need to be at your kid’s soccer game, that’s where you need to be. You may not make every game, but don’t miss every game either. Your kids have to be more important than something going on at your job, and they should know it.

III. Whenever Possible, Factor In Some Down Time. When God designed humans, the instruction manual specified one day off in every week. There’s a natural law here. Farmers don’t farm in the same spot repeatedly without letting the land rest sometimes. If they do, they will wear out the land and it will not be productive. For good health, you should sleep part of each day. If you deprive yourself of sleep for too long, you will collapse. Likewise, you should take time off between major projects. Rest. Vegetate. Cool out. This “work hard/play hard” mantra, without breaks, is a recipe for disaster.

IV. Set Long-Term Goals, And Audit. Don’t get so bogged down in the trivialities of everyday existence that you neglect to set long range goals,

with realistic objectives for achieving those goals. Write them down, and review them periodically. It helps to get through a day to know you have definite plans for where you want to be in five, ten, twenty years, and how you expect to get there.

Finally, audit. Assess whether things you are doing presently (or, people you are doing them with) are moving you closer to your long-term goals, whether they are nonfactors in that process, or whether, in fact, they are impediments to achieving your goals. If you need to, make a midcourse correction.

Obviously, this list can be supplemented with many other ideas. As I said, you may have your own good ideas. The point is this. Do something deliberate and constructive to take control of your own life.

And one more thing. Write me. If any of this works, let me know. We can get through this. We deserve to be winners. Let’s take charge.


Brief Notesa potpourri of people and events

Glad to see you’re still there! Congratulations are in order...to Board member and Chair of the Ethics Sub-

committee of the Professionalism Committee, Diane L. Karpman on her election to the American Law Institute... Lisa Greer Quateman on her appointment to the Corporate Law Depart-ments Committee of the State Bar Business Law Section...Charles P. Rettig, on his appointment as the Institute Chair for the UCLA Extension Tax Controversy Institute...and Robert M. Rosenthal on his appointment by Governor Wilson to the California State Athletic Commission.

A different kind of congratulations to Barrister Board member Barry Drucker and his wife Joelle on the birth of their son Jack Ryan...to Lawrence Gale and his wife Carmen on the birth of their twins Madison Joy and Carter Glenn... Barrister Board Member Steven M. Mayer and his wife Michelle on the birth of their son Aaron...Probate, Trust & Estate Planning Section Chair, Jeannette Hahm and her spouse on the recent birth of son Connor...and former BHBA staffer Carla Turnbough and spouse Dennis on the birth of a daughter last fall.

On a less celebratory note, Judge Laurence Rubin advises that his father, former BHBA President and State Bar President Edward Rubin suffered a stroke a few weeks ago; Eddy is at home and apparently has no major physical impairement...Larry advises that his father would enjoy hearing from old friends.

More moving around...Barry A. Friedman, Robert M. Heller and Paul Enriquez have announced the formation of a new firm (of the same name) in Beverly Hills...Greines, Martin, Stein & Richland LLP have announced that Michael D. Fitts has become associated with the firm...Rosenfeld, Meyer & Susman, LLP and Justin L. Goldner and Howard Rosenblatt have announced that Messrs. Goldner and Rosenblatt have become associated with the firm as Of Counsel...Valensi, Rose & Magaram have announced that Margaret “Peggy” Lennon has become a principal in the firm and that Stephen F. Moller, Darren R. Martinez and Michael A. Tonya have joined the firm and Robert S. Thaller and Jerome J. Sussman have announced the formation of Sussman & Thaller in Century City.

Oxymoron of the month...”Temporary Tax Increase.” The Harriett Buhai Center for Family Law is sponsoring a one day training program for Pro Bono Volunteers on May 30, call (213) 298-0215, Ext. 362 for information...The BHBA has amusement discounts for members at places like Disneyland, Knotts Berry Farm, Sea World and Universal Studios, call Barbara Avis at the bar office.

Finally, since light travels faster than sound, do you think that’s why some people appear bright until you hear them speak?

Talk to ‘ya later.


Barrister President

SPRING IS HERE . . . AND SO ARE THE BARRISTERS

by John Rubiner

Although El Nino may make it feel like winter, spring is here. With spring comes many of the Barristers’ most important activities and projects. The Barristers’ Board of Governors is extremely proud of the many spring projects and programs that are now coming to fruition.

On Sunday, May 3, 1998, at the beautiful Greystone Mansion in Beverly Hills, the Barristers will be presenting the annual Vintage Bouquet charity wine auction. The proceeds of this event will benefit Public Counsel, through the Beverly Hills Bar Association Foundation, and Children’s Hospital, through This Little Light. Last year’s event brought the largest attendance ever and this year we expect to break all prior records in attendance, money raised and good times had. Not only can you find tremendous wine, art, restaurant and travel deals through the “live” and “silent” auctions, but you will also be able to sample wines from more than ten different wineries and foods served by some of the finest chefs in the Los Angeles area.

This year, the Vintage Bouquet committee is chaired by Jennifer Litz, and vice-chaired by Kia Kamran and Linda Spiegel. The committee (which has many hard-working new members) has already done an outstanding job obtaining donations and dealing with the thousands of details required to pull off such a big event. I have been assured that the El Nino rains will go away (at least for the duration of the event) and, as always, we will have weather which matches the beauty and importance of this event. The Vintage Bouquet charity wine auction has become the social event of the entire Bar’s spring calendar, you don’t want to miss it!. If you haven’t signed up yet, call the Bar Office immediately and reserve your tickets. I guarantee that you will have a great time.

In addition to raising money at Vintage Bouquet, on Saturday, May 2, 1998, the Barristers will be assisting the public through our participation in Law Day 1998. We will have lawyers stationed at Farmers’ Market, the Beverly Connection and the Roxbury Park Clubhouse to provide free general legal advice to the public. Steve Mayer is chairing this event and has done an excellent job coordinating our efforts as part of the American Bar Association’s “National Law Week.” Moreover, thanks go out to the many volunteer attorneys who will staff the booths — sharing their legal skills with the community and letting the public know that, despite the proliferation of jokes, lawyers can help real people solve their everyday problems.

In mid-May, we will make a presentation on our Seniors’ Legal Committee at an American Bar Association/Young Lawyers Division conference of state and local bar leaders to be held in La Jolla, California. This is an outstanding opportunity to share our experience with developing our Seniors’ committee and the Roxbury Park Seniors’ Clinic so that other bar associations can develop similar programs in their communities. The Barristers’ Board of Governors is extremely proud of this national recognition and kudos go to Steve Raucher for chairing the Seniors’ Legal Committee for the last two years (with the assistance of his capable vice-chair Sharon Sandler), and for his preparation of the La Jolla presentation and representing our bar on the national stage.

By now you should have received the first couple of issues of the Bar Wire.

This is the Barristers’ newsletter. After a number of starts and stops, the Bar Wire is now a functioning publication. Steve Sosa got the ball rolling and has written and edited most of what you see. With its articles and features such as website of the month, the Bar Wire promises to become an asset not only to the Beverly Hills Bar Association Barristers, but also to the entire legal community. However, Steve needs your help. If you have any ideas for stories, suggestions for website of the month or any comments at all — good or bad — let us know.

Finally, check out the Barristers’ page on the Beverly Hills Bar Association website. We will have the latest issue of the Bar Wire on the page and you can find e-mail links to the Barristers’ officers and Board of Governors. If you have any ideas for activities, projects or ways to use the website, give me a call or send me an e-mail (Rubes1@aol.com). We could use your help.

“Dry out” from El Nino this spring at a Barrister event.


COMING EVENTS

(ALL REGISTRATIONS SHOULD BE MADE IN ADVANCE; For registration forms, Call 310 553-6644.)

SUN. MAY 3
BARRISTERS
MCLE CREDIT OF 3 HRS.
Vintage Bouquet”
12:30 pm - 5:00 pm
Greystone Mansion

THURS. MAY 6
ETHICS COMMITTEE
MCLE CREDIT OF 1˝ HRS.
IN LEGAL ETHICS
“In Business With the Client -
Are You in for a Surprise”
12:00 pm - 1:30 pm
BHBA Conference Center


THURS. MAY 7
BARRISTERS
MCLE CREDIT OF 2 HRS.
“A Comprehensive Introduction
to Estate Planning”
5:00 pm - 7:30 pm
BHBA Conference Center

WED. MAY 13
LAW PRACTICE MANAGEMENT SECTION
MCLE CREDIT OF 1 HR. IN
LAW PRACTICE MANAGEMENT
“Using the Internet for Effective
Communication - the Successful
Law Firm and the Web Home Page”
12:00 pm - 1:30 pm

Lawry’s
WED. MAY 13
FAMILY LAW SECTION
MCLE CREDIT OF 1 HR.
“Oh No - The Judge Wants
Us to Go to a Private Mediator”
6: pm - 8:30 pm
The Beverly Hills Hotel

THURS. MAY 14
BUSINESS LAW SECTION
MCLE CREDIT OF 1 HR.
“‘Til Death or Money Do us Part:
Dissolution of Business Entities”
12:00 pm - 1:30 pm
Lawry’s

TUES. MAY 19
PROBATE, TRUST AND ESTATE
PLANNING SECTION
MCLE CREDIT OF 1 HR.
“Examining Estate Planning
Truisms That Aren’t”
12:00 pm - 1:30 pm
Lawry’s

THURS. MAY 21
ELDER LAW COMMITTEE
OF THE PROBATE, TRUST AND
ESTATE PLANNING SECTION
MCLE CREDIT OF 1 HR.
“Special Issues in Medi-Cal Recovery”
12:00 pm - 1:30 pm
BHBA Conference Center

WED. MAY 27
REAL ESTATE LAW SECTION
MCLE CREDIT 1 HR.
“Obstacle or Opportunity?
Acquiring and Building On Contaminated
Properties; Environmental and
Land Use Issues and Solutions”
12:00 pm - 1:30 pm

Lawry’s
WED. JUNE 3
ANNUAL SUPREME COURT LUNCH
11:30 am
Dean Laurie L. Levenson &
Prof. Erwin Chemerinsky
Featured Speakers
The Beverly Hilton

THURS. JUNE 4
ETHICS COMMITTEE
MCLE CREDIT OF 1˝ HRS.
IN LEGAL ETHICS
Diane Karpman discusses the
Ethics of Settlement
12:00 pm - 1:30 pm
BHBA Conference Center

TUES. JUNE 9
BUSINESS LAW SECTION
MCLE CREDIT OF 1 HR.
Program to be Announced
12:00 pm - 1:30 pm
Lawry’s

WED. JUNE 10
LABOR AND EMPLOYMENT LAW SECTION
MCLE CREDIT OF 1 ˝ HRS.
Program to be Announced
6: pm - 8:45 pm
The Beverly Hills Hotel

THURS. JUNE 11
LAW PRACTICE MANAGEMENT SECTION
MCLE CREDIT OF 1 HR. IN
LAW PRACTICE MANAGEMENT
Corel/WordPerfect
12:00 pm - 1:30 pm
BHBA Conference Center

THURS. JUNE 11
LITIGATION SECTION
MCLE CREDIT OF 2.5 HOURS
Rx for Crises: Provisional
Remedies
5:30 pm - 9:00 pm
The Beverly Hilton Hotel

TUES. JUNE 23
INTELLECTUAL PROPERTY SECTION
MCLE CREDIT OF 1 HR.
Program to be Announced
12:00 pm - 1:30 pm
Lawry’s

WED. JUNE 25
BARRISTERS
MCLE CREDIT OF 2 HRS.
“Basic Discovery Objections:
Raise Them and Rebut Them”
5:00 pm - 7:30 pm
BHBA Conference Center


Business Law Section Luncheon

‘TIL DEATH OR MONEY DO US PART– DISSOLUTION OF BUSINESS ENTITIES

Business transactional lawyers and litigators and probate lawyers sometimes think that they are in a family law dispute...it is merely the often emotional fallout of a business dissolution. The Business Law Section monthly luncheon meeting will feature a litigator and a transactional lawyer each presenting their unique perspectives on the often contentious and complex process of terminating or dissolving business entities. They will discuss the business, tax and emotional complexities of the breakup of partnerships, corporations and LLC’s.

The speakers will be Cynthia Cohen, a business litigator with Morgan, Lewis & Bockius and Terence Cuff, a tax and transactional lawyer with Loeb and Loeb. Both are frequent and respected lecturers on tax and business litigations issues. Morris Mainstain is the Program Chair.

“This program should appeal to both the transactional lawyer and the business litigator,” said Section Chair, Jeffrey L. Braker “The issues surrounding a business entity breakup are often more complex and litigious than a family law dissolution,” he said.

Lawry’s is located at 100 N. La Cienega Blvd. (1/2 block north of Wilshire Boulevard). There is free underground parking. The price of admission is $36.00 for BHBA members or section participants who register in advance, and $46.00 for non-members in advance. The price at the door will be $5.00 higher. There will be 1 hour of MCLE credit. Registration will begin at 11:45 a.m. Lunch will begin at 12:00 noon with the program beginning at 12:30 p.m. and running until 1:30 p.m. For further information call the BHBA offices at (310) 553-6644 or register online through the BHBA website at www.bhba.org.


Something To Chew On

by Peter M. Appleton

"Contingency fee arrangements in civil cases have long been commonly accepted in the United States...as a...poor person's key to the courtroom"

My former partner, Dick Kamins, sent me the following advertisement placed in the New York Times on January 5, 1998 by Daniel J. Popeo, Chairman of the Washington Legal Foundation, one of the enlightened groups helping to fund Paula Jones’ lawsuit against President Clinton:

1997: YEAR OF THE PLAINTIFFS’ LAWYER

I have no doubt about who cleaned up in the ‘90s. Judging by the eye-popping verdicts and recent fiscal success of the trial lawyers, they are now the new deep pockets of American society. These lawyers are ready to displace current occupants of the Forbes 400 list.

Plaintiffs’ attorneys who recently received more than $100 million in attorneys’ fees, chartered through their foundation the entire Cunard cruise ship Sea Goddess II to sail the Mediterranean in ultra-luxury comfort. At least ten state and federal judges — some of whom have presided over the lawyers’ cases — along with their wives, and expert witnesses frequently used by the lawyers, were among those joining them.

The squabble in the Florida tobacco settlement over whether some trial lawyers can reap a fee of $7,716 an hour is a case study in greed, totally unrelated to so-called health goals or the public interest. It’s about money. Inevitably, we are all picking up the tab for the legal industry’s party. Everyone pays hidden lawyer taxes on all consumer goods and services. A recent report estimated U.S. tort liability costs at $152 billion a year, and that number is rising.

One must ask whether the clients of these lawyers are also fairly sharing in these monetary victories. If the victims are not being fully compensated for their loss, what are the rest of us to do about it?

American trial lawyers have become a solution in search of a problem. It is now painfully obvious that the plaintiffs’ bar cares little about who gets hurt. They don’t care if their tactics shut down a company or an entire industry. They don’t care if they put people out of work. In some ways they resemble misguided entrepreneurs at their worst. The only new products they create are novel legal theories of liability which seem to punish those successful Americans who do innovate and take personal business risks. Those lawyers seemingly produce no new revenues or jobs. They simply redistribute the existing assets of others through their own self-feeding economy. No one is really surprised that consumers don’t trust their legal system anymore.

A well functioning legal system promotes justice by awarding reasonable compensation for the injured party’s actual loss. Punitive damages were never intended to enrich lawyers — they were meant to be sparingly used to deter outrageous conduct for the benefit of all society. Instead, the enterprising legal industry now uses punitive damages to increase its own fees.

America can’t afford to be ruled by the legal industry and its anti-free enterprise agenda...

Several thoughts come to mind.

The trial lawyers Popeo complains about are those who take cases on a contingent fee basis. Nothing paid to client, nothing paid to lawyer.

Contingency fee arrangements in civil cases have long been commonly accepted in the United States, portrayed as a righteous exercise in making justice available to the masses or a poor person’s key to the courtroom. A contingency fee contract, since it involves a gamble on the result, may properly provide a larger compensation than would otherwise be reasonable. Rader v. Thrasher, 57 Cal.2d 244, 253 (1962). Even so, courts do review contingency fee agreements for fairness although they recognize that unduly close review may discourage the prosecution of risky but meritorious lawsuits. Dunn v. H. K. Porter Co., Inc., 602 F.2d 1105, 1108, 1111-1112 (3d Cir. 1979). For example, in Brobeck, Phleger & Harrison v. Telex Corp., 602 F.2d 866 (9th Cir. 1979), the Ninth Circuit upheld a $1 million minimum fee for the filing of a petition for certiorari. The reasonableness of a contingent fee is judged not by hindsight but by the situation as it appeared to the parties at the time the contract was entered into. Setzer v. Robinson, 57 Cal.2d 213, 218 (1967). See Estate of Raphael, 103 Cal.App.2d 792, 796-797 (1951):

Research, investigation and consultations of many weeks were involved and the outcome hinged on persuading the trial court that admittedly separate property had been transmuted to community property by oral agreement (citation omitted). The case had to be won in the trial court since the result hung on conflicting testimony and inferences. . . . “

As demonstrated by Jonathan Harr’s current nonfiction best seller A Civil Action (Random House 1996), plaintiffs’ contingency fee lawyers have been known to invest millions of dollars from their own pockets on risky public interest litigation.

The only reason contingent fee lawyers “clean up” is because of jury verdicts or settlements. Jury verdicts are not rendered by lawyers, they are rendered by juries overseen by judges. No lawyer unilaterally can force a settlement. Settlements must be agreed to by those companies or industries that Popeo claims lawyers shut down. Thus, if a settlement shuts down a company or industry, that company or industry has no one to blame but itself.

According to former ABA Model Code §EC 2-20:

. . . [A] lawyer generally should decline to accept employment on a contingent fee basis by one who is able to pay a reasonable fixed fee. . . .

I imagine that many lawyers would much prefer an hourly fee from a client able to pay. Although Popeo attacks contingent fees, he offers no alternatives such as statutory fees available in discrimination cases. I wonder whether he is truly interested in making sure that clients of contingency fee lawyers share in monetary recoveries or whether his interest lies more toward protecting businesses from lawsuits.

Popeo concludes:

The legal industry has a responsibility to act on its own to clean up the litigation mess before the rest of America asks them to empty their pockets.

Until recently, I thought that a lawyer’s duty was to the client who hired him/her; that advocates on each side of an issue would point out the strengths of their case and the weaknesses of the others thereby enabling a neutral trier-of-fact to come to the correct result. Yet, in the savings and loan litigation, a number of commentators argued that lawyers had some higher duty to society in general, although no one defined precisely what that duty was. Popeo’s suggestion that the legal industry has an obligation to clean up the mess appears to adopt that higher duty argument. The approach is fraught with danger. If lawyers are going to be required to conduct their representation of clients based on public policy considerations, someone is going to have to define precisely what that means and make sure that clients understand it. A litigation clean-up of the type Popeo advocates undoubtedly would grant reprieves to some “successful Americans.” However, whether it would promote justice is certainly more questionable.


Letters...On Wine and (Bouquets of) Roses

To the Editor of Bar Brief —

I read with interest Mr. Condon’s article entitled, “Promoting Civility with Sanctions.” (June/July 1997) I have been practicing since 1978. Code of Civil Procedure §128.5 was enacted during the time I have been in practice. Various sanction provisions have been modified during my time in practice. I have found that sanctions against lawyers have not promoted civility, but just the opposite. Whenever a controversy exists, it seems that the threat of sanctions is included in virtually every letter, including a claim that sanctions will be sought against the lawyer individually. I think you will find my experience is not unusual. Patrick DeCarolis, Jr.

To BHBA President -

On behalf of the judicial officers of the Beverly Hills Municipal Court, I would like to thank you for inviting us to your annual luncheon honoring the Justices of the California Supreme Court.

I would also like to take this opportunity to thank the Beverly Hills Bar Association for its help and cooperation in achieving our mutual goal of improving the administration of justice to the community over the years. A. Joseph Padilla (Beverly Hills Municipal Court Administrator)

To Executive Director Bert Z. Tigerman —

I want to express my deep appreciation for the magnificent job which the Journal has done in connection with the printing of my article in a recent issue. The entire presentation is a delight for the eyes as well as for the intellect. You have done an outstanding job! I have been extremely proud to have you as a publisher of my various articles over the years. I look forward to a long and continuing relationship. Jerome E. Weinstein

To the BHBA —

For your information I was the first awardee of the Beverly Hill(s) Bar Association Fellowship in 1962, at UCLA. It is good breaking the ice and getting in touch with you — this will enable me to get in touch with more members of the Bar for wish (sic) I am ever grateful.

With kindest personal regards. Chief (Dr.) Bayo Kuku (Law Offices - Lagos Nigeria)

To Executive Director Bert Z. Tigerman —

I wanted to let you know how much I appreciated your note regarding my confirmation as a district judge. As you can imagine, I am relieved the process is over, and excited about the job ahead.

I am indeed fortunate to have had the support of so many friends and colleagues the past two and a half years. It was that support and encouragement alone that made it possible to stay the course, and bring this process to a successful conclusion...  Margaret M. Morrow


Barristers "Nuts and Bolts" Series

INTRODUCTION TO ESTATE PLANNING

Christopher T. Bradford

The BHBA Barristers will present another in their series of introductory “Nuts and Bolts” workshop program for young lawyers: “A Comprehensive Introduction to Estate Planning,” on Thursday, May 7 at the BHBA Conference Center.

The speaker will be Christopher T. Bradford a partner in the firm of Scherer Bradford Lyster and Ballsun of Century City. Mr. Bradford is a frequent speaker on the basics of estate planning and has spoken for several years at the BHBA Citizens Law School.

The “Nuts and Bolts” series is designed to provide basic “how to” programs for young lawyers. “This is a subject that every young lawyer should be familiar with,” said Program Chair Barry Drucker. “Even if a lawyer does not practice in the estate planning area, he or she should be able to understand the concepts and respond to a client’s questions and/or recognize the client’s needs,” he said.

There will be two hours of MCLE credit. Registration will begin at 5:00 pm, the program will begin at 5:30 pm and end at 7:30 pm. The price is $20.00 for BHBA members and Section Participants and $30.00 for non BHBA members, in advance. There is an additional $5.00 charge for all registrants at the door. The price includes refreshments and program materials. Seating is limited; advance registration is recommended. Call the BHBA office (310) 553-6644 for more information or register online on the BHBA website at www.bhba.org.


Back By Popular Demand!!

COREL/WORDPERFECT
8 LEGAL EDITION

The most recently released version of WordPerfect, Corel WordPerfect 8, Legal Edition, will be demonstrated at the meeting of the Law Practice Management Section on June 11, at the BHBA Conference Center. The speaker will be Steve Fox of the Corel Corporation. He will demonstrate why “Law Office Computing” selected WordPerfect 8 Legal Edition as the best word processor for the legal environment.

There has been great interest in the new WordPerfect program. “This program was first done in March and sold out within days,” said Ed Poll, Chair of the Law Practice Management Section.

The program is one of the continuing LPM series “Simple Tools for a Complex World...I ssues in technology for the betterment of the practice of law.” Marcia Watson Wainess is Program Chair.

There will be one hour of Law Practice Management MCLE credit. Registration and lunch will begin at 12 noon, the program will begin at 12:30 pm and end at 1:30 pm. The price is $25.00 for BHBA members and Section Participants and $35.00 for non BHBA members, in advance. There is an additional $5.00 charge for all registrants at the door. The price includes lunch and program materials. Seating is limited; advance registration is recommended.


Real Estate Luncheon

ACQUIRING AND BUILDING ON CONTAMINATED PROPERTIES...

...Obstacle or Opportunity? Environmental and Land Use Issues and Solutions,” is the subject of the next Real Estate Section luncheon program on May 27 at Lawry’s.

The program will cover items to be addressed in the acquisition documents, obtaining the necessary “entitlements” to complete the development, and related CEQA issues. The speakers will be Lucinda Starrett and Maria Hoye, both with the firm of Latham & Watkins. The Program Co-Chairs are Gail B. Price and Karl H. Knickmeyer. The Section Chair is Charles Locko.

Lawry’s is located at 100 N. La Cienega Blvd. (1/2 block north of Wilshire Boulevard). There is free underground parking. The price of admission is $36.00 for BHBA members or section participants who register in advance, and $50.00 for non-members in advance. The price at the door will be $5.00 higher. There will be 1 hour of MCLE credit. Lunch will begin at 12:00 noon with the program beginning at 12:30 p.m. and running until 1:30 p.m. Early registration is recommended.


Welcome to our new Members (September-March)

David J. Alch
Craig A. Alexander
Kathryn K. Amira
Steven T. Anapoell
Ron J. Anfusco
Peter Anshin
Rhonel T. Aquino
Julie Aragon
Adrian R. Askarieh
Sara Azari
Duane L Bartsch
Kay Bathurst
Peter J. Bazil
Kathy Behfarin
Patricia Bellasalma
Jeffrey Paul Bennett
Robert Benun
Barbara Berkowitz
Anita M. Berthold
Allison Binder
Betty J. Bishop
Mary Bishop
Barrett L. Black
Lori A. Blackstone
Guy S. Blake
Steven D. Blanc
David Blonder
Susan Bloom
Ann Katherine Bowman
Linda BrackinsWillett
S. Sean Bral
Sam Braslau
Jeffrey Brauer
Jill C. Breidbart
Margaret C. Brewer
Pamela F. Briand
Erik Brimmer
Erica Bristol
I. Claudette Brossard
Jerry A. Brown
Robert S. Brown
Dianna M. Burgh
Alan R. Burman
Andrew Burnham
Kenneth L. Burry
Sarah Jane Butler
Richard A. Caleel
Stephanie Yost Cameron
Dion CampSanders
Karen Canaan
Michelle Canale
Janet Canbaz
David L. Candaux
L. Heather Carlo
Meridith L. Casat
Patricia A. Cassin
Marc A. Castleman
Deborah E. Chalmers
Barry Charles
Stephanie Chase
David M. Chernek
William Chi
Jonathan P. Chodos
M. Erik Clark
Alison F. Clarke
Lisa Coffin
Isabel R. Cohen
Gary A. Collis
John W. Cones
Tim Connors
Nicholas P. Consula
Candace Cooper
Alana Corman
Mark Cortell
Shannon M. Costley
Robert Crandall
Laura L. Crawley
Michelle Crisantes
Brett B. Curlee
Nicole Lynne Currer
Thomas M. Curtis
John W. Dames
Calvin Davis
David Jason Davis
Keith E. Davis
Richard W. Davis
Roxanne A. Davis
Gabriel S. De Anda
Brad DeBlanc
John D. DeFrance
Leah DeLancey
Jacinda Denison
Carrie Dolce
Stephanie Dreckmann
Robert Drescher
Joelle M. Drucker
Nancy J. Duesberg
Moira Goodwin Duffy
Todd Eagan
Sandy I. Eisenrod
Erik Ellner
Brian England
Alexander H. Escandari
Bobby Escobar
Stephen B. Espinoza
Michael W. Fattorosi
David B. Feldman
Karen S. Fishman
John W. Fitzgerald
Kent Foster
Beth A. Fox
Wendy C. Freedman
Joseph M. Gabriel
Anastasia C. Ganatsios
Marta C. Garman
Gregg Gellman
Kevin Gerry
Sharen H. Ghatan
Raymond Ghermezian
Gabrielle Ghio
Lynn E. Ginsberg Margo
Karin Louise Gist
Laura GitlikPetlak
Jeffrey Glasberg
Melissa K. Gold
Dana Goldinger
Nicole Golob
David B. Golubchik
Bryan T. Gonzales
Darren J. Goodman
Karina Salem Gordon
Lawrence M. Gordon
Jeffrey L. Goss
Kelly S. Greason
Karen I. Green
Tanya Greig
Daniel Grunfeld
Belinda Handy
Kelly HaraTadaki
Mark Charles Hardie
Albert Harnois
Erik Hart
Daniel M. Hartman
Bill Hence
Alan S. Hergott
Amber Hertgens
Jennifer L. Hirsch
Tessa Hkam
Kevin Hockman
Janet S. Hoffman
Roger J. Hoit
Kimberly Holcomb
Kristin L. Holland
David M. Homsy
Ethan A. Horn
Richard A. Hutton
Nick Iezza
Jennifer A. Irrgang
Jennifer A. Jackson
Nazareth V. Jansezian
Toni J. Jaramilla
Carla J. Johnson
Gary M. Johnson
Julia Johnson
Raymond Paul Johnson
Nick P. Karapetian
Marc A. Karlin
Scott R. Kaufman
Thomas R. Kaufman
Chadd T. Kawai
Mary Anne Keshen
Annu Khamka
Edwin Khanbeigi
A. Ammar Kharouf
Jason J. Kim
Jennifer A. Kim
Wendy J. Kingston
Mark Kiquchi
Candice Sloane Klein
Kaiser Cheuk Kai Kong
Jeffrey C. Krause
William S. Kroger
Lana Krouzian
Bill J. Kuenzinger
Lisa Kumin
Jennifer Kuo
Richard A. Kurshner
Eric S. Kurtzman


Stephen Lachs
Christopher C. Larkin
Arnold Laub
Christina G. Legaspi
Irina P. Lemberg
Lisa Lemons
Mark A. Lester
Wayne Levin
Stephanie Levy
J. Stephen Lewis
Mark K. Li
Scott H. Linden
Thanayi Lindsey
Steven D. Ling
Addison Kang Liu
ChiuTi Liu
Christine Lofgren
Robert P. Louie
Ania M. Lowenthal
Elizabeth A. Lowery
Kathleen M. Loyer
Andrew Lurie
Richard Mackay
Peter J. MacPartland
Timothy Majka
Amy Berenson Mallow
Catalina L. Manzno
Anthony J. Marks
Joseph M. Marroquin
Damon E. Martin
Darren R. Martinez
Robin Mashal
David J. Matlof
Jennifer Mayo
Jack McRae
Jonathan D. Medwin
Dale Melidosian
Marjorie Mersel
Rodney Mesriani
Marc M. Messineo
Charles Meyer
Ken Meyer
Jason D. Meyers
Adam D. Miller
Charles M. Miller
James E. Miller
M. Joseph Miller II
Paul M. Miloknay
Reza Mirroknian
Anat Modikusky
Elizabeth C. Moeller
Drue A. Moore
Nancy Morgan
Curtis G. Muck
Michele M. Mulrooney
Tamela J. Murphy
Amy Newman
Gregory J. Newmark
Bryan Ngo
James D. Nguyen
Fedora J. Nick
Tony Norton
Russ E. Nudelman
Robert M. O'Shea
Daniel O'Connell Offner
Teresa L. Ortega
Annaluisa Padilla
Daryn Pakcyk
Bule Paller
Patrick Parhami
Susan S. Park
Liza Parnassi
Bonnie Pastor
David Payab
Leonard Pena
Isabel M. Petit
Kalia Christofides Petmecky
Alicia H. Petrarca
Jana Petruzov
Teri T. Phan
Gregory A. Piccionelli
Mark Polland
Jeffrey N. Pomerantz
Robert Popa
Brian Pope
Angela M. Powell
Jennifer Prado
Robert A. Rabbani
Matthew B. Rabin
Michelle Raffel
Donald R. Ramenian
Alma Ramirez
David C. Rancano
Craig M. Rankin
Wendy G. Reimer
Jeff Reynolds
Darlene M. Ricker
Julie J. Ro
Debbie Robbins
Debra A. Robins
Brad Robinson
Patricia A. Robinson
Janet Roh
Berne Rolston
Michael Rosen
Pauline Rosen
Deborah Rothman
Susan Rousier
R. Chris Rueppell
James T. Ryan
Beverly R. Sands
Francis J. Santo
Atul Sapra
Christian J. Scali
Cynthia Robin Scheinman
Linda J. Schermer
Romy Schneider
Meredith Schultz
John H. Schweitzer
Scott D. Sebasty
Jeffrey Segura
Martine Shanar
Jordan Sheinbaum
Margaret Shendal
Elliot Shirwo
Andrea N. Shomer
Steven Shore
Barbara Silberbusch
Karen E. Silver
Caludia Smith
Donelda Smith
Ilana Smith
Michael R. Sohigian
Wendi E. Sommers
Karen A. Soomekh
Katherine M. Sorich
Jennifer L. Sostrin
R. Kyle Staggs
Alison Stein
Christine Steiner
Daniel C. Stelzer
Larry R. Stephens
Aleksandar Stojkovic
Jeffrey Stoltz
Lindsey Strasberg
Lee Straus
Gary Stuart
Robert L. Stulbrg
Greg Suess
Karl Suh
Maureen Sullivan
Sondra S. Sutherland
David J. Swan
Andrea F. Szew
Robert N. Tafoya
Tiffany W. Tai
Florence Tantraphol
Charles H. Taylor
Michael A. Tonya
Natasha Travis
Charlene L. Usher
Valeria E. Vacca
Bijal V. Vakil
Markandu Vigneswaran
Amy M. Villarreal
Michael J. Waddington
Ellen C. Waggoner
David A. Warshaw
Leslie Ann Wederich
John J. Welsh
Twila White
C Blake T. Williams
Robert W. Williams
Michael G. Wilson
Robert J. Wilson
Brian D. Wirsching
Renee Wittlif
Amy Wolf
Warren I. Wolfe
Lisa Woods
David L. Wright
Rima Yaralian
Marc Adam Yassinger
Ruth Yates
Derek Yu
Arthur H. Zacks
Andrea Zams
Illyse K. Zesch

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