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July 2013  •  Vol. 33 No. 7 | An E-Publication of the Los Angeles County Bar Association

IT IS WITH GREAT SADNESS that we must report the passing of a beloved member of the LACBA family, Samuel L. Lipsman, Director of Publications, and publisher and editor of Los Angeles Lawyer magazine. Sam was a dedicated and well-respected colleague whose knowledge and passion for the law was evident to each of us and those he worked with throughout the Los Angeles legal community. He will truly be missed.   (more) 


  Judge Lee Smalley Edmon Receives Outstanding Jurist Award
  LA Lawyers Philharmonic and Legal Voices Perform on July 20
  For Lawyers and Clients: Privacy Definitely Isn't Dead
  LA Law Library Is Much Closer Than You Think
  Accepting Credit Card Payments on the Go
  When Is It Ethical to Pay a Fact Witness?
  Negotiation Tip: How to Avoid Destructive Competition
  Take a Look at This Month's Bargains
  Member Benefit: Bank of America
  Member Benefit: Clio Legal Practice Management Systems
Judge Lee Smalley Edmon Receives LACBA's Outstanding Jurist Award 
The Honorable Lee Smalley Edmon, Presiding Judge of the Los Angeles Superior Court from 2011 to 2012, and current chair of its civil education committee, received LACBA's 2013 Outstanding Jurist Award at a May 21 luncheon at the Millennium Biltmore Hotel in downtown Los Angeles. Find photos from the event here.   (more)  

Lawyers and Judges Make Music Together: LA Lawyers Philharmonic and Legal Voices Perform at Disney Hall on July 20 
From The New World Symphony to West Side Story, the Los Angeles Lawyers Philharmonic and the 100-plus-member Legal Voices will present their 4th Annual Concert Extraordinaire at Walt Disney Concert Hall on Saturday, July 20, 2013, at 8:00 p.m. The music will include Antonín Dvorák’s New World Symphony, Beethoven’s Choral Fantasy, magnificent choral works from Verdi operas Il Trovatore and Nabucco, the world premiere of arias from a new opera based on a book by Hon. Arthur Gilbert (presiding justice of the California Court of Appeal, Second District, Div. 6), plus selections from Bizet’s Carmen to Leonard Bernstein’s West Side Story and Candide. A portion of the proceeds will benefit the Los Angeles County Bar Foundation.    (more)  

For Lawyers and Clients: Privacy Definitely Isn't Dead 
At the dawn of the Internet era in 1999, Scott McNealy, CEO of Sun Microsystems, famously declared, "You have zero privacy anyway. Get over it." Despite the social media explosion in the years since and the ubiquity of information that is "in the public record," a lawyer's duty of confidentiality to clients has remained stubbornly high.    (more)  

Conducting Research? LA Law Library Is Much Closer Than You Think   
Do you ever need something for your law practice that you don’t have in your office or is outside the scope of your online research plan? What about boilerplate language for that contract you’re drafting, or a sample complaint for that new case you just took? How about a private space across the street from the downtown courthouse to meet a client or hold a deposition? If you answered “yes” to any of these questions, LA Law Library can help.    (more)  

Accepting Credit Card Payments on the Go 
Hundreds of professions are now taking advantage of smartphone and tablet technology to accept payments on the go. If handled correctly, mobile payments can provide additional benefits to attorneys. Advantages include the use of existing phones and devices already in your pocket. Even better, you can collect payment at the time of service anywhere you are meeting with your client—from the coffee shop to the courthouse—in particularly time-sensitive situations. Although most attorneys are not usually considered “mobile,” they can certainly take advantage of the technology and convenience of using their smartphones and tablets to accept credit cards through new payment applications.   (more)  

When Is It Ethical to Pay a Fact Witness? 
Testifying in a courtroom can be personally time-consuming, disruptive, and stressful. The testimony may also be quite valuable to one side or another. Under the common law, expert witnesses may be compensated for their opinions, but percipient or fact witnesses are not supposed to be paid for their testimony. Every witness must swear that he or she will tell “the truth, the whole truth and nothing but the truth,” but it is a truism that paying a fact witness may influence the quality of the truth that gets told. The idealism of our public pronouncements is tempered by the healthy skepticism embodied in our rules. Notwithstanding the traditional prohibition against paying fact witnesses, exceptions nearly swallow the rule.   (more)  

Negotiation Tip: How to Avoid Destructive Competition 
We have all faced a counterpart who is bent on following a path-to-destruction, take-no-prisoners approach to negotiation. We respond in kind, and the dispute accelerates, absorbing excessive amounts of time and money into the black vortex of battle. There are other ways to deal with this highly competitive, escalating approach.   (more)  

Limited-Time Offer from LawPay: Additional Savings for LACBA Members
You can easily accept credit and debit card payments from clients. Today through July 31, 2013, the $150 virtual terminal fee is waived for all LACBA members. In addition, if you open a LawPay account by July 31, 2013, LawPay will waive your program fee for THREE months!     (more)  

WestlawNext California Special for LACBA Members 
Take advantage of the WestlawNext California Special for LACBA members:  •CA Cases & Codes  •KeyCite  •Entire Rutter Practice Guide Series. Member price of $165/month for solo attorneys (retails at $275/month). Offer available only to solo attorneys who are new WestlawNext subscribers signing a two- or three-year agreement. Cannot be applied retroactively to an existing plan or combined with other offers. Offer expires September 30, 2013. To obtain offer, member must contact Brendan Bauer at or 213-955-6861. For other Thomson Reuters product information, click here.    (more)  

Bank of America 
Support LACBA while earning more cash back for the things you buy most. Apply for the LACBA BankAmericard Cash RewardsTM Visa Signature® credit card that rewards customers with up to 3% cash back on certain purchases, all while supporting LACBA initiatives. In addition to earning cash back rewards for yourself, use of this card benefits LACBA at no extra cost to you! Here are some of the features of the new LACBA BankAmericard Cash RewardsTM Visa Signature® credit card: 1% cash back on all purchases, 2% cash back on grocery store purchases, 3% on gas station purchases. You can earn the 2% and 3% cash back on gas and grocery purchases up to the first $1,500 in these combined categories per quarter. After that, you will continue to earn 1 percent on these purchases. For information about the rates, fees, other costs and benefits associated with the use of this credit card, or to apply, click on (more) and refer to the disclosures accompanying the online credit application.    (more)    

Clio is a 100% Web-based legal practice management system optimized to meet the needs of sole practitioners and small firms. Secure and easy to use, Clio overcomes many of the technical hurdles offered by conventional practice management solutions, allowing lawyers to simplify their workflow and focus valuable time on building their practice. Intuitive in its design, Clio’s clean user interface allows users of any device (Mac, PC, iPad, or smartphone) to access their practice data securely through an encrypted Web browser. All LACBA members receive a 10% lifetime discount on Clio in addition to a free 30-day trial, a free data migration, and unlimited access to live customer support and training. Available at $44.10 per month for attorneys and $22.50 per month for nonattorney support staff, Clio alleviates the costly need for servers, maintenance contracts, and constant upgrades to new versions.   (more)  

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



The July/August issue of
Los Angeles Lawyer will be
available online by mid-July.

July 10
International Law Section End-of-Year and Officer Installation Dinner 
The section will introduce the newly elected officers of the 2013-14 Executive Committee and discuss what is being planned for the upcoming year. Enjoy a delicious three-course meal and a one-hour wine tasting presentation.

July 11
Litigation Brown Bag Lunch at the U.S. Courthouse  

Judge Dolly Gee and Magistrate Judge Jay Gandhi will discuss the state of the federal court, effective advocacy, and the new ADR program.

July 25
Drafting Financeable Leases 

The leases we draft must be compatible with the loan documents that govern the property being leased. Even when a property has no debt in place, the potential need for financing must be considered to keep the property flexible and maximize value. Whether we are drafting a lease or reviewing one from a diligence perspective for acquisition purposes, this presentation will explain the major elements of making sure your leases and your loan documents "play well with others."

Financing Your Public-Private Deal: 2013 and Beyond 

Emerging Economic Development Tools Post-Redevelopment: Review of Statutes  

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