VOL XXIII NO.4
SERVING WEST LOS ANGELES
June 2001
 

IN THIS ISSUE
Presidents Message
Barrister President
"The Future for Lawyers & Clients" 
Stephen F. Rohde

"Violence in the Media- A Generational Debate"
Dan McIntosh & Robby McIntosh

ALSO INSIDE:

Brief Notes 
Bits & Bytes: The Electronic BHBA 
Coming Events

Letters

2001-2002 
Barrister Leaders
Francis S. Ryu President Elect


Francis S. Ryu, President-Elect of the BHBA Barristers, will assume the Barrister Presidency on October 1. He is the first minority President of the BHBA Barristers. 

Francis received his B.A. in Economics from the University of Southern California, and his J.D. from Golden Gate University School of Law. He also has an LLM degree from McGeorge Law School. 

Upon graduation, Francis moved to Asia where he was a corporate finance investment banker with Peregrine Capital. His duties were evaluating mid-cap Asian corporations and procuring equity financing through GDR issuances. He was involved in several mergers, and participated in assorted multinational strategic alliances. Returning to Los Angeles he joined Lewis D'Amato Brisbois & Bisgaard, LLP where he represented and defended BMW of North America, Inc. Francis is now with Gelfand Rappaport & Glaser, LLP, where practices corporate law and intellectual property litigation. 

Francis was born in Seoul, South Korea, and is a first generation immigrant. Aside from his positions with the Bar, he also serves on the board of the Los Angeles Athletic Club, where he is Chair of the Facilities and Services Committee; is the regional representative of McGeorge Law School's LLM program; and was formerly the President of Golden Gate University School of Law's alumni association of Southern California." 

 BHBA BARRISTERS PRESENT 8-week COURSE

"The Practical Aspects of Practicing Law for New(ish) Attorneys"

Just getting started in the legal profession? Have you gotten started but need some direction? The Beverly Hills Bar Association Barristers are pleased to announce "The Practical Aspects of Practicing Law" an eight week seminar on the practice of law for new (or nearly new) attorneys. Designed for those starting a legal practice, this program emphasizes law office management, including necessary software and hardware, attorney services, filing, case management and other important tools needed to start and maintain a viable legal practice.

Classes will be held from Thursday, July 12 through Thursday, August 30, 2001. Registration and dinner begin at 5:30pm; Program sessions run from 6:00 pm to 8:00pm.

The course will outline practical aspects of various law practice areas that a new practitioner may encounter including Business Entity Formation and Governance, Wills and Trusts, Criminal Law, Family Law, Civil Procedure and Real Property. 

Program Chairs Kenneth Petrulis and Francis Ryu have announced the topic areas and presenters for the 8-week program: The July 12th and July 19th classes covering Civil Procedure will be presented by Marc Lieberman, Steve Raucher and Damon Heilweil; C. Brent Parker will present the July 26th program on Discovery; the August 2nd class will discuss Real Estate, presented by Charles Locko; Kenneth Petrulis will present Probate and Conservatorship on August 9; David Evans will present Criminal Law on August 16; on August 23, Francis Ryu and Jennifer Lappin will present Business Law; the final class session August 30th on on family law will be presented by Emily Edelman and Felicia Meyers. Program sessions will take place at the Beverly Hills Bar Association Conference Center, 300 South Beverly Drive Suite #210, Beverly Hills. Parking for $2 is available at 216 South Beverly Drive, 1 block North of BHBA. Each class session will provide 2 hours MCLE credit.

Session Prices are: $160 for 8 week session for BHBA members paying in advance ($30 more for non-BHBA members); $35 per class for BHBA members over 3 years of practice who pay in advance ($5 more for non-BHBA members); $30 per class for BHBA members with 1-3 years of practice who pay in advance ($5 more for non-BHBA members) or $25 per class for BHBA New Admittees who pay in advance ($5 more for non-BHBA members). All attendees paying at the door add $5. All fees to be paid in advance with a minimum of 24 hours. Refund available with 48 hours notice or rain check with 24 hours advance notice. 

The Beverly Hills Bar Association Barristers comprise attorneys who are under age 37 or in practice for less than 6 years. Numbering 1000 attorneys, the Barristers offer community service projects, social events, pro bono activities and leadership training.

To register for this informative 8-week program, call the Beverly Hills Bar Association at 310 553-6644 or go to www.bhba.org to sign up. 

President's Message
Attorney (Dis)satisfaction by Emily Shappell Edelman

Are you happy? Satisfied? Do law firms care about the quality of the lives their partners and associates lead? Does yours? Are you stigmatized if you work part time? Will you be among the 43% to drop out of the profession within the next 3 years? 

According to a broad national study on associate attrition at large, medium and small law firms (conducted by the NALP Foundation for Research and Education), 43% of new associates leave their firms within 3 years. The attrition rate is even higher for women, minorities and associates in the largest firms. According to a recent study by the Boston Bar Association ("Facing the Grail: Confronting the Cost of Work-Family Imbalance"), a major reason for the attrition is family-life balance concerns. 

Statistically our profession reports 3 times more depression than most occupations, that is about 20% compared with 3-9% on average (according to psychotherapist Benjamin Sells). Lawyers rank number 1 in depression. According to a 1991 American Bar Association study, "State of the Legal Profession," 44% of lawyers say they don't have time for their families, and 54% say they don't have time for themselves. According to Johnine J. Brown, a founding partner at Brown-Martin (an environmental boutique firm in Illinois), the number of billable hours does not determine the quality of life. In fact, she concluded that an attorney who bills more than 1800 hours gets burned out. 

Many lawyers and employment analysts have concluded that the profession is ready to change, primarily because of the number of women entering law school. In 2000, for the first time, the number of women entering law school was higher than the number men - about 52% vs. 48%. These same experts concluded that, because women are more inclined than men to ask for time off in the early years of their children's lives, over the next 10-15 years, flexible schedules and reduced work hours will become a necessity. However, increasingly male attorneys are likewise seeing the merit in participating in their children's upbringing and would also like to have flexible time for that worthy endeavor. Young lawyers today are searching for a better balance between work, leisure and family. Today's firms need to adapt to this change in the talent pool or they will simply lose their talent.
As a result of the study, the Boston Bar Association has made certain recommendations to law firms regarding ways to reduce the attrition rate which we should consider:

1. Examine how a firm's policies do or do not support the work-family balance.

2. Develop a company-wide policy statement regarding work-family plans and measure progress. Some examples: some firms have allowed more time for maternity leave, have allowed employees to work from home. Other firms have allowed lawyers to bring their children to work when they are sick or on vacation. Some firms have assigned part time employees to work on teams, rather than have them manage cases alone.

3. Change the definition of success. Bill Lee, managing partner of the Boston firm of Hale & Dore, LLP, which participated in the Boston Bar Association study, stated:

"Part of our attitude here is that if there is a man or woman who has to work a little bit less for 10 years, while they are raising young children, but who (wants) to cycle back to being full time, we want that person here." Lee said he feels that it is more about changing attitudes than just policies. 

According to the Boston Bar Association's experts, law firms should define success in terms of long term loyalty and hard work, not in terms of billable hours. 

According to Jeff Jones, managing partner at Palmer & Dodge, another Boston law firm which participated in the Boston Bar Association's study, "There are no magic-bullet solutions to work-life conflicts. But on the whole, all of us want to create work environments where people feel they'll be treated fairly, and the workplace doesn't consume a disproportionate portion of their lives." 

The experience of the Boston Bar Association is not dissimilar to what law firms are experiencing in Los Angeles County. Los Angeles County Bar Association has also conducted a program on this very issue. One of the panelists for that program noted dissatisfaction with the profession among young lawyers. The panelist stated that many young attorneys only practice law as long as it takes them to repay their student loans. He noted the devastating impact on young lawyers of the twin pressures of billable hours and no time for family life. 

With regard to part time work, many women attorneys desire to work part time so that they can be with their children while they are young. They do not want to be penalized and taken off the partnership track just because they have made the decision to care for their children during their early years. The Women's Bar Association of Massachusetts, in their lengthy study on the issue of female attorneys and part time work, came to the conclusion that female lawyers who work part time are perceived as less devoted to their work, as having a lack of commitment, and are thus not given a voice in firm management. However, as more women enter the profession, law firms will need to address the particular concern of associates who wish to have children.

 



BRIEF Notes - A Potpourri of People and Events


It's been a busy couple of months . . . on April 28th the BHBA Program, "Thriving in Splitsville" co-sponsored with the L.A. County Superior Court, drew over 150 to Beverly Hills High School for a one-day workshop on coping with divorce . . . congratulations to Emily Shappell Edelman for conceiving of and producing this highly successful event. One week later, on May 5th , the BHBA presented its full-day "Seize the Future" conference in co-sponsorship with UCLA Law School. Participants heard from panels of experts from around the country on the future of the practice of law in the next decade . . . congratulations to J. Anthony Vittal, Linda Wight Mazur and Christopher T. Bradford for co-chairing this nationally recognized program. Also in May, the Association's training program for pro bono representation of detained children in the immigration system drew overflow attendance on two successive nights with a waiting list of additional volunteers . . . because of the excellent training conducted by Alicia riche and staff attorneys for the Catholic Legal Immigration Network, Inc., over thirty volunteers are now available to represent detained and heretofore unrepresented children in the Los Angeles area.
And on June 5th, nearly 350 people attended the Annual Supreme Court Luncheon at the St. Regis Hotel . . . we were honored by the attendance of the Chief Justice and the members of the Supreme Court, as well as over 50 members of the appellate and trial court judiciary in Los Angeles County.
Our congratulations to Barbara Ravitz of Greines Martin Stein & Richland who has been appointed by the California Supreme Court to a newly appointed committee which will recommend candidates for judgeships on the State Bar Court. Congratulations also to Albert Allen, who on June 5th, celebrated his 74th year of practice as a member of the State Bar of California . . . we wish a speedy recovery to past president, Barry E. Shanley, who recently broke metatarsal bones in his foot.
As always, our members stay on the move. BHBA Secretary/Treasurer, Marc Staenberg, has retired from the practice of law to become the President and CEO of the Society of Singers . . . Rutter Hobbs & Davidoff has announced that Duane Kumagai and Fred A. Fenster have become members of the firm, and that Jeanne C. Wanlass has joined the firm as an associate. Deborah F. Sirias has joined Lewis, D'Amato, Brisbois & Bisgaard as a partner in the Los Angeles office . . . Jeffrey A. Hahn has joined the First Regional Bank as Executive Vice President of the Trust & Investment Division . . . Elaine R. Abbott has relocated her offices to 1875 Century Park East, and Randall Rothschild has moved his new offices to Wilshire Boulevard in West Los Angeles. . . Alschuler Grossman Stein & Kahan have announced that C. Stephen Howard, Devan D. Beck, Yakub Hazzard, and Karen L. Dillon have become partners of the firm, and Liner Yankelevitz Sunshine & Regenstreif have announced that Jason S. Pomerantz, David Markun, Jeffrey Comton, Edward Zusman, Ronald Kravitz, and Dennis Kelly have joined the firm as partners. 
Maybe the impressive list of new partners at Liner Yankelevitz has something to do with Stuart Liner having been identified in the May 7 issue of the Daily Journal's California Law Business as one of the state's top 20 lawyers under the age of 40; and, more recently, Liner was listed in the June 4 issue of California Law Business as one of the top rainmakers in the state, generating more than $5M of business each year.
Also featured in the May 7 issue of California Law Business as one of the top 20 lawyers under the age of 40, was member Gary Dordick . . . and, also listed in the California Law Business Edition of California Rainmakers were members Morgan Chu, Patricia Glaser, and Stanton "Larry" Stein, all of whom generate more than $10M worth of business each year . . . and, along with Stuart A. Liner, John G. Branca, Robert A. "Bobby" Darwell, Joseph A. Eisenberg, Craig A. Emanuel, and Bertram Fields, each of whom generate more than $5M of business each year.
Recently, on the ABA Lawyer Referral and Information Service Listserv, LRIS Directors were exchanging some of the weirder requests that they had received: some of my favorites . . . the caller who wanted a criminal defense lawyer who would take the case "on a straight contingency" . . . the woman who called the Travis County Texas Bar seeking a lawyer who specializes is "untesticled divorces" . . . the lawyer who wrote to the Santa Clara County LRIS and insisted on the director's "complete copulation". . . and the woman who called the City Bar of New York seeking a lawyer to sue for "defecation of character."
Some of our members in print: Edward Tabash, recently had an Op Ed piece in an issue of the Daily Journal . . . Steven Mehta wrote a piece on summary judgments in the Daily Journal. Vicki Shapiro was profiled in the May 29 issue of California Law Business, and Sanford Jossen was profiled in the May 9 issue of the Daily Journal Verdicts and Settlements Section; and, in the May 7 issue of Law Business, Warren Dern, the son of BHBA past president Dixon Dern, is featured in the Hollywood Section. 

Question of the month: 
How many of you out there believe in telekinesis? If you do, raise my hand.


Barrister President
Opening Up My Own Firm by Jennifer Litz

After 7 years of working for a firm, I chose to go out on my own and open my own firm. I had hoped that this would offer me more freedom and the ability to have my choice of cases to take on. I planned to open my own law firm, The Law Offices of Jennifer A. Litz, specializing in family law, litigation, entertainment and corporate law. Finding clientele was never difficult for me. I had built up my own book of business at the firm I had worked at and I had developed contacts who referred me cases. Also, I obtained many clients through networking. 

Along with the normal mishaps and frustrations, I had some other "issues" that I didn't think people were supposed to have. I printed a thousand or more announcements. Nearly two years later, I still have not sent even one of them out. Two days before opening my firm for business I realized there were things I needed to do, i.e. open business and trust bank accounts, stationary, phones, etc.

I went to the bank and opened two accounts. Then, I signed numerous letters, substitution of attorney forms and notice pleadings to inform and give notice to the courts and my clients of my new firm and take care of the technicalities. By the time I was done with signing everything, in one sitting, my signature changed drastically. When I went to activate my new bank card, they would not accept it because my signature did not match. After trying to copy my old signature from my driver's license and credit card, I could not do it. The trauma and pressure, attached to attempting to re-create the old signature, caused this bizarre issue to become a problem, not to mention the fact that it interfered with my ability to have bank transactions, and it still does.

The phones didn't work for what seemed like months. When I moved to my brand new office, the floor I was moving to was behind schedule and was still under construction. I had to temporarily spend three months in an unfinished office until the floor I was moving to was ready, therefore, I had to move my office twice in three months.

I ordered my new business cards. You know, . . . first time ordering isn't that easy. Accidentally, I ordered at least two drawers full of boxes of business cards. These cards will probably last for 20 years longer than my practice. 

For those of you thinking of going out on your own, these are just some of the many little wrinkles that I experienced while setting up my own practice. I hope this helps you avoid them. Think ahead!

 


The Electronic BHBA
Bits & Bytes by Geoff Hoff

Geoff Hoff is the IS guy at the Beverly Hills Bar Association. He is a writer and computer consultant living in Los Angeles.

Listservs - 
The World in your In-Box


As a member benefit, The Beverly Hills Bar Association is in the process of creating new Listservs for the Sections and Committees. There is some confusion as to what a Listserv is and what ours can and should be used for. There are also ways to customize your membership to a Listserv to best meet your own needs.

We have had several lists on an older, clumsier system that were created some time ago. As we create new lists, we are also migrating the old ones over to the new, more streamlined service. As of this writing, (don't you love that phrase?) there are six lists still on the old Listserv service. (That's a tongue-twister!) These cater to the Alternate Dispute Resolution Committee, the Minority and Diversity Committee, the Women in the Legal Profession Committee, the Real Estate Section, the Solo and Small Firm Section and Section and Committee Chairs. These will be moved to the new service soon. The lists that have been created or moved to the new service include those for General Barrister members, the Bankruptcy, Entertainment, IP/Internet and New Media and Litigation Sections, and the Legislation and Resolutions/Conference of Delegates Committees.

Now to the good stuff. Okay, to the dry stuff. Well, at least to answering some questions.

What is a Listserv? It is a virtual community; a group of people with a similar interest connected via e-mail or a web site interface. Fairly simple concept.

What should the BHBA Listservs be used for? Appropriate use might include discussions concerning pertinent legal issues, questions about resources, and announcements of section or committee sponsored events, conferences or legislation. 

What should Listserv members avoid using the lists for? Our lists are not intended to be used for personal announcements, advertisements of goods or services or as "chat rooms." If we have enough interest, we may create lists for the purpose of general chat, but most members of our lists use their e-mail as an integral part of their business, and filling up in-boxes with chat is considered bad form.

How do I manage all that mail? One effective way to handle the traffic on Listservs as it increases is to set up folders and filters (also sometimes called rules) in your e-mail system so that the e-mail from a list goes directly into a subfolder in your in-box. Then you don't have to wade through them until you want to. Most e-mail systems (AOL is a notable exception) allow you to fairly easily set up folders and filters. As there are so many different e-mail systems it would be impossible to give instructions here on how to set these up, but they are usually fairly simple. To find out how, look up either "filters" or "rules" in your e-mail help. Or talk to your MIS guy. Most MIS guys don't bite. Especially if you feed them regularly.

There are also differing ways to receive your mail, called "member types". All of these are described on our web site on a special page at http://www.bhba.org/Listserv-info.htm, but I'll give a synopsis here for convenience (what a guy): The default type is called (surprise, surprise) Mail. With this type, you receive messages to your email address as they are contributed to the list. This is typically the preferred member type. Alternatively, you may wish to be a Digest member type, and receive all of the daily messages combined into one e-mail. Index types receive a daily index of the subject lines of the messages of the day. You can then request specific messages or view them with the web interface. Don't worry, I'll get to that in a moment. With the Nomail type, you don't receive list contributions to your e-mail address.You can read messages with the web interface.

To change your member type, send an email to lyris@lists.bhba.org with the message "set listname option" (without the quotes, substitute the list name for "listname" and the option you want to set for "option".) For example, to get your Barristers list messages in digest form, send an e-mail to lyris@lists.bhba.org with the message "set barr-L digest" (without the quotes.)

Now to the fabled Web Interface for the Beverly Hills Bar Listservs! 
The home page for our lists is http://lists.bhba.org/cgi-bin/lyris.pl (notice no "www" in that address.) When you go to this page, and choose which list you want to enter, you are asked for your e-mail address and password to enter the mailing list. If you have multiple e-mail addresses, you need to use the one which is subscribed to the Listservs. On the Web Interface, you can read and search for messages, create a new message, change your membership settings, or leave the mailing list entirely (unsubscribe).

 


Further Thoughts on the Future
Editor: We're always curious to see how our members make use of our educational programs. Here's a recent example.

Dear Clients:

In May, I attended a program at UCLA Law School, sponsored by the Beverly Hills Bar Association, entitled Seize the Future, designed to explore what the practice and business of law will look like in 2010. I learned more than I had anticipated ("old dogs" and all that).

"The law office of the future will have a lawyer, a computer and a dog. The computer will provide the legal services, the dog will keep the lawyer away from the computer and the lawyer will feed the dog."

I doubt it will come to this (although I have an appointment at the pound next week), but there's no doubt that advanced computer technology and the Internet are revolutionizing the practice of law. This past year we invested in a brand new network of computers with all sorts of bells and whistles, a DSL connection and a bunch of other features I can't begin to explain. We have seen a pronounced increase in the use of e-mail communications with clients and other lawyers, including on-line circulation of documents. Our legal research is now done 75% online.

But technology is still only part of the picture. What I really got out of the Seize the Future conference was the age-old importance of building a good relationship with each client. At the conference, we were asked to list the ten most important values we believe a client is looking for in an attorney. Here's what I came up with:

1. Judgment: Clients want someone who brings good judgment and sound reasoning to whatever legal problem presents itself.

2. Experience: Clients want to feel they are in the hands of a lawyer who personally knows from actual experience in the trenches what they are talking about.

3. Competence: In addition to experience, clients want their lawyer to possess the skills necessary to effectively research new legal issues.

4. Trust: Clients want to have complete trust in their attorney"s honesty, integrity and discretion.

5. Counseling: Lawyers aren't called "counselors-at-law" for nothing, and clients want to be able to explore the pros and cons of all available alternatives in a candid and forthright manner.

6. Creative: Clients want their lawyer to bring something fresh and original to solving difficult problems.

7. Guidance: Clients depend on their lawyer to guide them through difficult situations, anticipating pitfalls and suggesting what to say and do if the unexpected arises.

8. Communicate: There's nothing worse than a bad surprise, so clients want their lawyers to explain clearly in lay terms, eachstep along the way of any legal problem.

9. Listening: Clients need to freely express what's on their mind and lawyers need to listen B genuinely listen B to everything their clients have to say, without being judgmental or impatient.

10. Caring: On top of all these qualities, clients want their attorney to feel a genuine connection with them and to see them as people, not as abstract legal issues.

I hope that our lawyers exhibit these qualities to all our clients. Please feel free to contact me at any time you believe we are not living up to any of these values or to your expectations.

We're eager to provide the very best legal services possible and we will continue to judge ourselves against these values throughout our legal representation.

Best personal regards.
Stephen F. Rohde, ESQ


Violence in the Media:
A Generational Debate in Two Installments 

By Daniel G. McIntosh and Robert S. McIntosh

During the past several months, my now 16 year old son, Robby, and I have been having ongoing discussions on the subject of violence in the media, and its implications for his generation and American society in general. We first began talking about violence in the media five years ago, when the Beverly Hills Bar Association, of which I was then President, issued a "Special Report on Violence and the Media." 

The Report was authored by an Ad Hoc Committee whose editors were Steve Rohde, now First Vice President of BHBA and President of the Los Angeles chapter of the ACLU, and Roger L. Kohn, who wrote the portion of the Report on the social science research on the effects of watching violent media. This thoughtful and extremely well researched Report sought to determine whether viewing of violence-laden entertainment fare could be correlated with acts of aggression and violence.

I got the idea one day to ask Robby - then 11 - some questions about his views on the effect of violence in the media on children. His responses were very interesting. Do violent cartoons make kids violent, I asked? A few, probably, he said; but the vast majority of all but the youngest kids understood you couldn't do what the Roadrunner did to Wiley Coyote without inflicting serious harm. What about violence in TV and movies? It depends what happens to the guy being violent, he said. How about music with violent lyrics? At 11, he wasn't listening to this kind of stuff, so he didn't know. As to computer games, he didn't see any evidence that those of his friends who played these kinds of games were more prone to be violent than those who didn't. "You know what's really scary, Dad," he said "The News. That stuff is real." His younger brother, Douglas, then 8, shook his head in agreement.

The appearance in last year's Presidential Campaign of a new character - a liberal critic of the entertainment fare being produced and promoted to America and America's children - prompted a new round of discussions between Robby and me. Senator Joe Lieberman seemed to me to be a more thoughtful kind of critic whose threats of prospective governmental control appeared to proceed more from frustration at being unable to persuade the media moguls to change their ways than any love of censorship for its own sake.

The then 15 year old Robby, on the other hand, viewed Lieberman's attacks on media violence (especially in moves, video and computer games) as an attack on his generation. When I suggested we debate our respective positions in a joint essay, he immediately accepted. Our dialogue follows . . .


THE BABY BOOMER TELLS IT LIKE IT IS:
"We are Losing Control of Our Culture."
By Daniel G. McIntosh


Like many liberals over the age of 40, I am troubled by the seemingly unending outpouring of movies, computer games and musical compositions that appear to rely on over-the-top violence to attract customers and the extent to which they are marketed to teenagers and preteens. It's clear a large proportion of what Hollywood is making these days for distribution in the movie malls of America includes depictions of cruelty and extreme violence far beyond what was portrayed in my youth. 

I am staggered by the number of games whose sole premise seems to the fun inherent in gunning down human obstacles to whatever the ultimate objective of the game is. The news that was the ultimately scary content for Robby and Douglas 5 years ago is if anything worse now than then. When critics decry the violent entertainment junk promoted by both TV news and the Hollywood movie makers, therefore, I nod my head in agreement. My problem is finding a solution that isn't worse than the problem.

While repelled by the threats expressed to impose censorship on the entertainment industry unless it reforms itself, I also find the posturing by major content owners as protectors of our precious First Amendment rights self serving and phony. In the end, however, I am enormously uncomfortable at the prospect of content standards being imposed by any governmental entity. I am convinced we would have both a less interesting and aesthetically stagnant "official" content along with an even less responsible underground counter-entertainment culture. Even as I continue to resist proposals to regulate the extent of violence portrayed in the mainstream media, however, I find my resistance weakening as I become more and more alienated from popular culture.

For me, the unattractiveness of popular culture goes much deeper than the extent or even the degree of "realism" of the violence portrayed. Violent themes are as deeply ingrained a part of great works of art as popular art - as any fan of Shakespeare, the Classic Greek historians or the Greek tragedies can attest. Even in popular culture, violent themes not only can be appropriate but integral to a good story. (What would the "Star Wars" series be without the warfare and indeed the killing that precede the ultimate victory of good over evil?). I grew up on the popular radio shows of the 50's, like "The Cisco Kid", "The Shadow" and "Inner Sanctum." If there was a show where Cisco and Pancho didn't shoot somebody, I don't remember it. It's not the violence that turns me off, but rather the cheap and banal way it is used to slick up banal and unoriginal stories and characters.

I don't watch local TV News anymore because I consider it an abomination. In the early 1990's, after the Rodney King looting and the O.J. fiasco, I realized at some point that the daily portrayals of drive by shootings and live coverage of freeway police pursuits were making me afraid of my community. On the rare occasions that I watch the News, I quickly realize that it hasn't changed, and that it's not going to. As long as the people who own the stations believe that seeking out and sensationalizing violent events and people are the keys to successful ratings, what is portrayed and the manner in which it is portrayed will get sleazier until we either reach the point that society is finally willing to give over control to the Culture police, or standards and taste are abandoned entirely.

My fear for Robby and his generation is not that they are going to become perpetrators of violence or even more callous to it than my generation as a result of being overdosed on violent entertainment. My fear is that unless both our generations can re-educate each other on how violence can be used appropriately or effectively to augment original and truly entertaining popular culture, they and we will either lose control over what we can read, watch, interact with and create, or end up with something we won't even use the word "culture" to describe. I don't know how to avoid this fate, but I'm listening to Joe Lieberman a lot closer than I used to.

* (Generation Z responds in the next issue)


BHBA President-Elect David Evans attends Leadership Institute

David R. Evans (center) joined 290 other leaders-elect of lawyers organizations from across the country at the American Bar Association's Bar Leadership Institute in Chicago this Spring. Evans joined ABA President Martha W. Barnett (left) of Tallahassee, Florida and ABA President-Elect Robert E Hirshon (right) of Portland, Maine in leadership training sessions on bar management and organization, communications and planning in preparation for this year as BHBA President in 2001-2002 which begins October 1.




BARRISTERS SEEK BOARD NOMINATIONS

Jennifer Litz, Barrister President has named a nominating committee to propose nominees for open positions on the Barrister Board of Governors. The Nominating Committee consists of Jennifer Litz (310) 201-0606, Frances Ryu (310) 477-7446, John Wilson (310) 399-1317, Damon Heilweil (310) 201-0100, Linda Speigel (310) 553-3758, and Steve Mayer (310) 207-0007.

The Barristers of the Beverly Hills Bar Association consist of any member under the age of 37 years or who has practiced law for six years or less. BHBA Barristers wishing to be considered for an open seat may contact any of these individuals on or before Monday, July 2, 2001. Any person seeking a Barristers Board nomination should submit his or her name and a brief resume in writing. 

Pursuant to the Bylaws of the Barristers of the Beverly Hills Bar Association, the Nominating Committee will meet during the month of July to nominate Barrister members to fill the upcoming vacancies on the Barrister Board of Governors. The deadline for submitting names to the Nominating Committee will be Tuesday, July 10, 2001.

Anyone wishing to be considered for an open seat on the Barrister Board of Governors must contact any one of the above committee members or write to the Barrister Nominating Committee in care of Pamela Weston at the Bar Association on or before July 10, 2001, the deadline for submitting names to the Nominating Committee. 



Letters ...Comments from here and there

RE: ABA Judiciary Review

To: Emily Shappell Edelman


Thanks you for writing to me about the Bush Administration's decision to remove the American Bar Association (ABA) from its historic role of pre-screening judiciary nominees. I appreciate learning of the Beverly Hills Bar Association's opposition to this action.

I share your disappointment with the administration's decision. Over the past fifty years, the ABA has proven invaluable to both Democratic and Republican Administrations in veting judicial nominees. It is my hope that the Senate Judiciary Committee can work out a procedure by which the ABA can still meaningfully participate in evaluating candidates.

Please be assured that I will keep the Bar Association's views in mind as the Senate Judiciary Committee proceeds with judicial nominations.

With warmest personal regards.

Diane Feinstein


RE: Supreme Court Luncheon

To: Emily Shappell Edelman


I want to thank you and the Beverly Hills Bar Association for inviting me and other judges to attend the lunch program yesterday honoring the Justices of the California Supreme Court.

The program was well organized and highly educational. I enjoyed it.

I also enjoyed, as I always do at such functions, the opportunity to meet with lawyers in a relatively relaxed and informal non-judicial setting. These opportunities invariably improve bench-bar relations. 

I look forward to similar occasions in the future.

Alexander H. Williams III
Judge Superior Court Los Angeles


RE: Legal Aid Pro Bono Eviction Program

To: Emily, Bert and Pam



THANK YOU for the Beverly HIlls Bar Association's continuous and tremendous support for the Legal Aid's probono eviction defense program. Millie at Legal Aid tells me that many of the volunteers for last night's session came through the BHBA. We really appreciate your help! I think it is a marvelous program because the volunteers, in addition to reaping karmic benefits, get a lot of hands on experience trying unlawful detainer cases. 


Andy Yamamoto/Chair, Minority
& Diversity Standing Committee. 


RE: Bush v. Gore by
Stephen Rohde

To: Editor



This well-written and interesting article is, however from only one side. He may speak as a private person but that private person seems without question to be a Democrat for Gore. The title of the article could be the start of a new book - "The Making of the Precedent." I, however, recall that the Court limited the case to its facts, if such is possible. Or even necessary, in view of the unlikeliness of a repeat. Prof. Friendenthal, who left my Stanford to become Dean of GW, said any case can be distinguished - the names are different. 

J.P. Morgan famously said that a man does something for two reasons, the good reason and the real reason. The good reason for the Court's decision was to end the matter and not prolong the uncertainty. The real reason, according to some, was to insure the outcome for a favored side. Many including me do not want to believe that the latter is true.

One interesting aspect to practitioners is the authority cited in Bush v Gore, three cases I believe, for the proposition that the Supreme Court may review purely state court matters decided by the state's highest court. Someone will one day cite this in seeking review or cert. Those in the minority in Bush v Gore may vote to accept on the basis and thus "Hoist the majority on its own petard."

Two adages may apply here. Tough cases make bad law. The Supreme Court follows election returns.

I agree with the conclusion in the article, that President Bush should do what he can to get moderate and fair minded judges that will apply neutral principles with dispassion.

Incidentally, my definition of a hanging chad (pause) - a Floridian slip. Also, there are only two basic lawyer jokes - the rest are true! (Some may not take this as a joke, so I always say "I'm joking.")


Richard J. Stall, Jr.


To: Editor

The March issue of "BarBrief" carried an article by one Stephen Rohde entitled "U.S. Supreme Court Decision in Bush v. Gore threatens the Independence of the Judiciary."


Following that scare headline, the author proceeded to say that the existence of the Republic (or at least the Judicial Branch) 
is at stake.

"Chicken Little, the sky is falling!"

Let your mind wander back to election night, about 10 p.m. Pacific Standard Time.

Vice-President Gore had 260 electoral votes with but 10 more needed to emerge victorious.

The networks then announced that the state of Tennessee, not Florida, Tennessee, the Vice-President's home state, had given its Electoral Votes to Bush.

Can any of your readers imagine that Nixon or Reagan would have lost California, or that Kennedy would have lost Massachusetts? Of course not. The defeat of the Vice-President was not occasioned by five "conservative" justices on the U.S. Supreme Court, any more than the Vice-President's temporary victory in the Florida Supreme Court determined the outcome.  To paraphrase Shakespeare, the fault lies not in former Vice-President Gore's Supreme Court avatars, but in himself.


Nathaniel J. Friedman
A Professional Corporation



COMING EVENTS
ALL REGISTRATIONS SHOULD BE MADE
IN ADVANCE. For registration
forms, Call (310) 553-6644
Or Visit the BHBA Website -
http://www.bhba.org/event signup coupon.htm


Thurs. August 2nd 
ELDER LAW COMMITTEE 
OF THE PROBATE,
TRUST & ESTATE 
PLANNING SECTION
MCLE CREDIT OF 1 HR.
"Special Issues in the Regulation 
of Residential Care Facilities"

12:00 p.m. - 1:30 p.m.
BHBA Conference Center

Thurs. August 2nd 
BEVERLY HILLS BAR 
ASSOCIATION BARRISTERS
MCLE CREDIT OF 2 HRS.
"The Practical Aspects of Practicing 
Law for New(ish) Attorneys"

5:30 p.m. - 8:00 p.m.
BHBA Conference Center

Thurs. August 9th 
BEVERLY HILLS BAR 
ASSOCIATION BARRISTERS
MCLE CREDIT OF 2 HRS.
"The Practical Aspects of Practicing 
Law for New(ish) Attorneys"

5:30 p.m. - 8:00 p.m.
BHBA Conference Center


Wed. August 15th 
BEVERLY HILLS BAR 
ASSOCIATION BARRISTERS
MCLE CREDIT OF 1 HR.
"Lunch with the 
Santa Monica Judiciary"

11:45 a.m. - 1:30 p.m.
Santa Monica Courthouse

Thurs. August 16th 
BEVERLY HILL BAR 
ASSOCIATION BARRISTERS
MCLE CREDIT OF 2 HRS.
"The Practical Aspects of Practicing 
Law for New(ish) Attorneys"

5:30 p.m. - 8:00 p.m.
BHBA Conference Center

Thurs. August 23rd 
BEVERLY HILL BAR 
ASSOCIATION BARRISTERS
MCLE CREDIT OF 2 HRS.
"The Practical Aspects of Practicing 
Law for New(ish) Attorneys"

5:30 p.m. - 8:00 p.m.
BHBA Conference Center

Tues. August 28th 
PROBATE, TRUST & ESTATE PLANNING SECTION
MCLE CREDIT OF 1 HR.
"The New Estate Tax Law
(or What Do We Do Now?)"

11:45 a.m. - 1:30 p.m.
Lawry's Restaurant

Thurs. August 30th 
BEVERLY HILLS BAR 
ASSOCIATION BARRISTERS
MCLE CREDIT OF 2 HRS.
"The Practical Aspects of Practicing 
Law for New(ish) Attorneys"

5:30 p.m. - 8:00 p.m.
BHBA Conference Center

Sunday, September 30, 
BEVERLY HILLS BAR 
ASSOCIATION BARRISTERS 

14th Annual Vintage Bouquet 
Wine Auction and Gala. 
1pm-5pm Greystone Mansion,
Beverly Hills.

Dates subject to change




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