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October 2011 • Vol. 31 No. 9 | An E-Publication of the Los Angeles County Bar Association


  Renew Your LACBA Membership for 2012 Today
  Not a LACBA Member? Join Now to Receive Member Benefits
  Meet Your CLE Compliance with CLE in-a-Box
  Join the Appellate Courts Section
  Barristers Section Geared To New Attorneys: Sign Up Now
  Senior Lawyers Section Looks for Experienced Attorneys
  November 7 Lecture: A State-Federal Contrast in Arbitration
  Support AIDS Legal Services Project: October 16 AIDS Walk
  LACBA's National Pro Bono Week Celebration: October 26
  Nominations Sought for Outstanding Jurist Award
  Board Adopts Resolution: Campaign for Justice, October 2011
  Ethics: Communication with a Represented Party or Person
  Member Benefit: Insurance Specialists, Inc.

Renew Your LACBA Membership for 2012 Today 
Your 2012 membership fee statement will be mailed to your address of record on October 11, 2011. Payment of 2012 membership fees will be due no later than January 1, 2012. Please take a moment NOW to check that we have your correct mailing address.   (more)  

Not a LACBA Member? Join Today and Take Advantage of the Benefits of Membership 
You won’t want to miss all the new things happening at LACBA in 2012! Here are just a few of the benefits: the Job Board; new association partners providing services and discounts on practice and personal products and services; Daily EBriefs (published appellate case summaries) FREE to all members; FREE California Judicial Council interactive forms from LexisNexis; Judicial Profiles; CLE live, online, iPod downloads, self-study—all discounted for members; fully Searchable Superior Court Civil Register (a LACBA exclusive, FREE to law firms with 100 percent LACBA membership); LACBA publications including Los Angeles Lawyer magazine, County Bar Update, and LACBA>This Week; and networking and business development with your peers. For more information, call (800) 456-0416 or fill out the online application.   (more)  

LACBA Can Help You Meet All Your CLE Compliance Needs 
Attorneys whose last names begin with H-M must fulfill their CLE compliance by February 1, 2012. Here are ways LACBA can help—2012 CLE-in-a-Box (25-hour CLE audio pack includes free ground shipping within California). FREE inside the 2012 CLE in-a-Box: One-day Microsoft Class ($295 value) for you or one of your staff members from New Horizons Computer Learning Centers of Southern California. Offer available to the first 50 who purchase the 2012 CLE in-a-Box (while supplies last). Members, this free class is worth more than the price of the CLE in-a-Box! 2012 CLE Bundle/6-Pack: New 6-Pack bundle contains ONLY the six hours of required subjects (4 hours ethics, 1 hour substance abuse, 1 hour elimination of bias) available On-Demand or in a CD set.   (more)  

Join the Appellate Courts Section (formerly the Appellate Courts Committee) 
The Appellate Courts Committee is now a LACBA Section. The section serves as a bridge between the appellate bench and bar and seeks to improve appellate practice by monitoring and evaluating proposals affecting appellate practice and recommending changes to relevant statutes and rules. The section provides continuing legal education programs concerning state and federal appellate practice, and provides a forum for professional networking among members of the appellate bar.   (more)  

Barristers Section Geared Toward New Attorneys: Annual Dues Only $35 
The Barristers Section now requires section dues. Join Barristers if you are a LACBA member and a new or young attorney (36 years or younger, or admitted to practice for five years or less). The section will help you develop your legal skills, build a professional reputation, gain leadership experience, network beyond your workplace, and participate in pro bono efforts—all while having a good time! Barristers is the only LACBA section devoted exclusively to the unique needs of new and young attorneys, so join today!   (more)  

Senior Lawyers Section Looks for Experienced Attorneys 
The Senior Lawyers Section is open to members who are over the age of 55 or who have been in practice 25 years or more. This section serves the interests and needs of its members, and applies their knowledge and experience to serve the legal community and the public at large. The Senior Lawyers Section gives the Barristers (newer attorneys) definite competition for having a good time while making great things happen.   (more)  

November 7: Balancing Fairness and Finality in Arbitration—A State-Federal Contrast 
California jurisprudence has carefully balanced arbitration’s twin goals of enforceability (party autonomy) and finality with due process concerns for a process that is not reviewed on the merits. U.S. Supreme Court jurisprudence has similarly promoted enforceability and finality but seems less concerned with due process. Recent cases have opened a widening gap between the two lines of cases making preemption a recurring issue. The 6th Annual Robert I. Weil Lecture will feature a review of recent cases from both courts and the contrasting trends along with a discussion of recent developments, how arbitration is likely to evolve, and whether California jurisprudence will be able to protect due process rights of future participants.   (more)  

Support LACBA's AIDS Legal Services Project during AIDS Walk on October 16 
Whether you commit to walking or making a donation, you can help LACBA's AIDS Legal Services Project (ALSP) when it participates in the 27th Annual AIDS Walk on October 16. Funds raised will go directly to the project, which has delivered free legal services to thousands of clients since its inception in 1986. Join LACBA's team by visiting the AIDS Walk home page and selecting HALSA/ALSP - 3282 from the drop down menu, or you can sponsor ALSP Director Laurie Aronoff, who will be heading up the team, by making a contribution on her donation page.  

LACBA's National Pro Bono Week Celebration Takes Place on October 26 
The protection of the integrity of the judicial process from judicial bias is the foundation of our justice system. Bias based on a provable fact such as financial interest or personal relationship is relatively clear, but when should the issue of bias be raised based on a perceived attitude or state of mind? In specific cases, can bias be inferred from a judge's race, sex, religion, or sexual orientation? In this training, a panel of respected jurists will discuss the issues related to provable versus perceived judicial bias and their relationship to diversity on the bench.   (more)  

Nominations Sought for Outstanding Jurist Award 
LACBA encourages our members to submit a nomination for LACBA’s Outstanding Jurist Award. Each year, the Board of Trustees selects the recipient from a confidential list of nominees submitted by an award committee. Established in 1979, the Outstanding Jurist Award, one of LACBA’s prestigious awards, is presented annually to a current or past member of the federal or state judiciary in Los Angeles County. The award is viewed as recognition of a distinguished career on the bench as well as contributions to the community and the practice of law.   (more)  

Trustees Unanimously Adopt Resolution Recognizing October 2011 as Campaign for Justice Month 
Trustees have voted unanimously to recognize Campaign for Justice Month, October 2011, upon the request of LACBA's Access to Justice Committee. Cosponsored by the State Bar of California and the Legal Aid Association of California, the Campaign for Justice is a network of attorneys and other leaders who care about fairness and seek to ensure that all Californians have access to justice under the law. Bar leaders across the state have been working to help legal aid programs that are struggling as a result of the dual impact of the economic crisis—needing to serve many more clients with fewer resources. The dual goals of the campaign are to expand pro bono and to increase contributions from lawyers to support their local legal aid programs.   (more)  

Understanding the Ethical Rule against Communication with a Represented Party or Person
A lawyer friend recently questioned whether it is ethically permissible to communicate with a witness prior to a deposition in connection with a coworker’s litigation against the employer. The deposition is being taken by the attorney representing the coworker employee. This witness has his own case against the employer and is represented by a different counsel. It is understandable that lawyers who face this type of situation are concerned with a potential violation of the ethical rule barring ex parte communication with a represented party/person because such a violation could result, as an example, in the lawyer being disqualified from representing his or her own client, precluded from using the tainted evidence obtained from the communication, or exposed to State Bar discipline. Thus, it behooves a lawyer to be familiar with the ethical rule.   (more)  

Insurance Specialists, Inc. 
Insurance Specialists, Inc. is the preferred provider of major medical, accident and disability, and term life insurance plans to LACBA members. For more than 50 years, ISI has marketed and administered insurance programs for the memberships of professional associations as a third-party administrator. ISI attempts to simplify the insurance decisions professionals must make by offering plans underwritten by top-rated carriers that are selected for quality benefits and ease of application at competitive prices. To speak with a licensed agent regarding all the different benefits, call ISI Sales Direct at 1-888-ISI-1959 (474-1959), send an e-mail to, or visit Insurance Specialists, Inc. online.   (more)  

Find a complete list of member benefits here.   (more)   



The October 2011 issue
of  Los Angeles Lawyer 
will be available online
by October 7.

October 4
40th Annual Crocker Symposium on Real Estate Law and Business 
This year's theme, The California Kaleidoscope: Perspectives and Possibilities in an Ever-Changing Real Estate Market, will focus on the multiple components of the real estate market such as infrastructure, new development and redevelopment, land use, green construction, capital markets, distressed and new debt, leasing, bankruptcy, public-private partnerships, globalization, geopolitical forces, state and federal budgets, and state, national, and international policy and regulation. 

October 5
LACBA Domestic Violence Project Volunteer Training 

Volunteers provide a valuable service to a vulnerable population and gain expertise in the area of family law. Volunteers interview victims on a one-on-one basis, gathering information with which to complete complicated legal documents, allowing the victims to file for restraining orders with professionally prepared petitions. 

Begins October 10 
Thirty-Hour Basic Mediation Training  

This program provides 30 hours of small group exercises and role-playing designed for persons who wish to acquire a strong foundation in basic mediation skills and to satisfy the classroom requirements of the California Dispute Resolutions Act. 

October 10
TAP: Witness Examination Skills Workshop  

This course provides introductory and advanced level instruction on how to examine a witness under oath, including laying the foundation for direct examination, creating a strategy for cross-examination, controlling the witness, and employing advanced techniques such as leading by prior question and anticipatory rebuttal. 

October 10
TAP: Jury Selection Workshop 

The workshop offers introductory and advanced level instruction on jury selection for civil and criminal cases, including exercising peremptory challenges, making and responding to challenges for cause, unconstitutional use of peremptory challenges, processing prospective juror information, judicial and attorney voir dire, and selecting alternate jurors. 

October 13
8th Annual Healthcare Law Compliance Symposium 

Topics include how to avoid being the target of a fraud and abuse or Stark prosecution, compliance issues in structuring and operating ACOs, critical managed care issues from the payor's perspective, the constitutionality of the Affordable Care Act, key issues in healthcare mergers and acquisitions, responding to government and private payor audits, and how to structure physician incentive payments. 

October 14 
Minor's Counsel Training Program: The Basics, the Ever-Changing Role, the Child's Voice   

This program provides the annual education and training requirements for all minor's counsel to remain eligible for appointment. The program will address the basics, the ever-changing role, evidentiary hearings, and the delicate task of preparing your client, the child, to testify. 

October 22 
Crimes and Immigration Seminar: Strategies to Defend Convicted Clients despite Increasing Obstacles  

This informative seminar will cover a variety of topics including bonds and training on effectively conducting bond redeterminations, the impact of the new BIA and Ninth Circuit case law including changes to expungements of a Controlled Substance Offense and the Modified Categorical Approach and strategies for litigating such cases, and prosecutorial discretion and how to request it from the LA OCC. 

October 25 
2011 Bernard Witkin Lecture: A Conversation with Chief Justice Tani Cantil-Sakauye 

Chief Justice Cantil-Sakauye will reflect on her first nine months in office and will discuss the impact of three years of cumulative budget reductions on the state judicial branch. She will detail Judicial Council strategies for ameliorating the impact of the cuts on the courts, the bar, and the public and other initiatives to protect access to justice. 

October 28 
44th Annual Securities Regulation Seminar 

Topics include Dodd-Frank, regulatory reform, and recent case law developments; enforcement developments; recent corporate regulatory developments; and ethical considerations for the securities lawyer. 

October 29 
33rd Annual Child Custody Colloquium: The Changing Complexion of Child Custody Litigation 

Panelists will explore three of the most critical topics emerging in child custody matters: the child's voice in the courtroom, issues of substance abuse, and ethical issues facing attorneys and mental health professionals when a child custody evaluation is ordered.  

Law Practice Management Roundtable 

Estate and Gift Tax: Impact of the New Legislation and the Future of Estate Planning 

Section 108 and LLC Member Interest in Real Property 

Federal and California State Responses to Bank Secrecy: FATCA, CA SB 86 

© 2011 Los Angeles County Bar Association. Contact County Bar Update at