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November 2013  •  Vol. 33 No. 11 | An E-Publication of the Los Angeles County Bar Association

Weil Lecture on November 19: Will California Arbitration Law Survive the U.S. Supreme Court? 
The 8th Annual Robert I. Weil Lecture, “Will California Arbitration Law Survive the U.S. Supreme Court?” will focus on several recent arbitration cases decided by the U.S. Supreme Court and the implications for the practice of arbitration in California. Some of these important cases involve issues of preemption of state laws or decisions. California arbitration jurisprudence, particularly in the area of consumer and employment arbitrations, is at variance with some of these U.S. Supreme Court decisions. To what extent will these decisions ultimately be deemed to be preempted by the Federal Arbitration Act, whether by the California Supreme Court, the Ninth Circuit, or the U.S. Supreme Court?   (more)   

California Supreme Court Depublishes Schaefer v. Elder: LACBA Supported Review 
Consistent with LACBA's recommendation, the California Supreme Court has depublished Schaefer v. Elder, a construction defect case raising issues of the scope of appointed defense counsel's obligations and of duties upon learning about information that one client may want to keep confidential from other clients in the same representation. The court of appeal held that carrier-retained defense counsel has an ethical obligation to affirmatively advance the conflicting coverage positions of its respective clients. LACBA believed this position is contrary to existing law and imposes a duty on defense counsel that does not otherwise exist. Read LACBA's letter here.    (more)   

Dialogues on Freedom Inspires Students to Explore Law's Impact on Their Lives 
On October 23, 2013, nearly 100 sitting judges and attorneys participated in the 12th Annual Dialogues on Freedom, a program designed to motivate students to discuss the concepts of freedom, law, and justice in their daily lives.   (more)   

Peer Mediators Brush Up Skills at Fall Refresher Training  
Professional mediators, judges, and lawyers led students through interactive role-playing activities and shared their professional experiences as mediators when more than 75 middle- and high-school peer mediators gathered for the 8th Annual “Peer Mediation Refresher Training,” presented by LACBA's Center for Civic Mediation at the beautiful Malibu campus of the Straus Institute for Dispute Resolution at Pepperdine University School of Law.   (more)   

Serving Those in Need 
Christopher Kendall from O’Melveny & Myers LLP is passionate about his volunteer work with LACBA's Domestic Violence Project–just one of the pro bono legal service projects funded by the Los Angeles County Bar Foundation. “I believe it’s my duty to serve those less fortunate,” says Kendall.   (more)   

Legal Musicians Wanted 
Do you sing or play an instrument? The Los Angeles Lawyers Philharmonic, Legal Voices, and Gary Greene, Esq. and His Big Band of Barristers are looking for advanced singers and musicians who are lawyers, judges, legal assistants, and law students. Proclaimed as “L.A.’s Only Legal Orchestra and Chorus,” the LA Lawyers Phil and Legal Voices have achieved international recognition. The Big Band of Barristers has been named America’s number one legal band after winning the American Bar Association’s nationwide competition. This season, the orchestra and chorus have exciting concerts planned, culminating in a Walt Disney Concert Hall performance. Auditions are for ALL instruments, especially harp, oboe, bassoon, French horn, trombone, violin, viola, cello, and string bass; and vocalists singing tenor and bass.   (more)   
Death of a Sole Practitioner: Planning for the Event and Administering the Aftermath 
The subject of death of a sole practitioner raises two issues: 1) What action should the sole practitioner take in advance of death to protect the rights of clients and to protect family from the added burden of handling the winding down of the practice? 2) What happens to the practice after the death if the sole practitioner fails to plan?   (more)   

How to Use Your Opponents' Senses to Influence How They Will Perceive Your Position 
Our senses often determine how we perceive a situation or an interaction. Studies conclude we can influence how another person will perceive something by giving them a specific experience just prior to the event. The following example sets out how the "weight" of something can influence a person's perception of a subsequent event.   (more)   

Competence: Don't Take It for Granted 
The drafters of the California Rules of Professional Conduct are rarely accused of being "glass half full" types. A prime example is found in the title of the applicable rule on competence, Rule 3-110: Failing to Act Competently (emphasis added). While most lawyers take compliance with this rule for granted, the following methods of breaking it (and attracting the attention of the State Bar disciplinary authorities) should nonetheless be kept in mind.   (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 over 50 years, ISI has administered insurance programs for the memberships of professional associations as a third-party administrator. ISI offers plans underwritten by top-rated carriers that are selected for quality benefits and ease of application at competitive prices. Please click HERE.   

Thomson Reuters
WestlawNext California Special for LACBA members: California Cases and 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 December 31, 2013. To obtain offer, LACBA members must contact Brendan Bauer at or 213-955-6861.

Jury Verdicts: West, a Thomson Reuters business, provides award information on California civil jury trials, bench trials, settlements, and arbitrations. LACBA members can publish their verdicts, bench decisions, settlements, and arbitrations in Trials Digest and Westlaw for free. They can also request a full case summary for any case West highlights or features (one free per month). Find Jury Verdicts HERE.

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



The November 2013 issue
of Los Angeles Lawyer 
will be available online by
November 7.

Begins November 6
Traditional TAP (t-TAP): A Trial Advocacy Course 
This course provides intensive instruction in trial advocacy skills, emphasizing participant performance and constructive feedback. Students participate in four criminal mock trials as prosecutors. 

November 22
46th Annual Securities Regulation Seminar 

Senior SEC officials, together with representatives of other regulatory agencies and leading private practitioners, will present a comprehensive review of current events and developments, including SEC priorities; judicial, regulatory, and enforcement developments; public and private offerings; and regulation of investment advisors.  

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