This issue can be
found online at

Not a LACBA member?
Join now.
January 2014  •  Vol. 34 No. 1 | An E-Publication of the Los Angeles County Bar Association

Can't live without your Daily EBriefs case summaries? Addicted to your section listserve? Enjoying your LexisNexis Judicial Council Forms and your subscription to Los Angeles Lawyer magazine? Your access to many new and valuable member benefits will be lost if you don't renew for 2014!

RENEW YOUR LACBA MEMBERSHIP TODAY at or by calling Member Services at (800) 456-0416. Please take a moment to update your membership information to continue to receive the latest updates and information you need at

LACBA Hosts Armed Forces Ball on February 22 to Support Veterans Legal Services
The Los Angeles County Bar Association’s Armed Forces Committee will host its Second Armed Forces Ball “Honoring America’s Veterans” to raise money to support pro bono legal services for veterans and active duty personnel on Saturday, February 22, 2014 at the Millennium Biltmore Hotel. This year’s honorees include Got Your 6, a campaign that unites major studios, networks, and talent agencies with top veteran-focused nonprofit organizations to support the reintegration of veterans into civilian life through six key pillars: Jobs, Health, Family, Education, Housing, and Leadership.    (more)   

LACBA Mourns Passing of Former President John J. Collins
LACBA is deeply saddened to hear about the passing of former president John J. Collins on December 26, 2013. During his career, Collins remained dedicated to improving the relationship between the courts and counsel, and ensuring courtesy, respect, and fair treatment among all court users. A trial attorney for more than 40 years, Collins spent countless hours of service in leadership roles with local, state, and national bar associations. Most recently, he served as chair of the State Bar Commission on Judicial Nominees Evaluation in 2012-13.    (more)   

CLE Countdown: February 3, 2014 Compliance Deadline for Group N-Z
If you need last-minute CLE credit to meet your compliance deadline, LACBA can help with a number of products, including CLE-in-a-Box (25 hours); CLE-in-a-Box, Real Property Edition (27 hours); CLE Bundle (6 hours); Live Programs; and Online CLE.    (more)  

FREE LACBA Member Benefit: Annual Southern California Directory of Experts & Consultants Arrives Later This Month
LACBA's Annual Southern California Directory of Experts & Consultants comprises the most comprehensive registry of legal expertise in the region with hundreds of pages of medical, technical, scientific, and forensic witnesses. LACBA members will find it in their mailbox later this month. In the meantime, visit to find experts, consultants, and dispute resolution professionals.

Sending Contractual Notice to a Represented Party: Prudent Practice or Ethically Prohibited?
We all know that an attorney representing a client cannot communicate with another party represented by counsel. But what if the attorney’s client is a party to a contract and instructs the attorney to send the other contracting party a notice required by the contract? Can the attorney send the notice directly to the other contracting party if that party is represented?   (more)   

Does the Presence of a Lawyer Help or Hurt the Mediation Process? 
How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research.    (more)   

Office Sharing: Equal but Separate Should Be the Goal 
Given law firms' fluid real estate needs, they often find themselves with either too much or too little space. When a firm has unused offices, it often makes good sense to sublet to sole practitioners, resulting in a classic "win-win." Office sharing does, however, raise potential liability and ethical concerns that need to be addressed. Unfortunately, malpractice insurers' claim files are filled with matters arising from office sharing arrangements, where the alleged wrongful acts of one of the firms are imputed (with varying degrees of success) to the other.   (more)   

AHERN Insurance Brokerage
AHERN Insurance Brokerage, LACBA’s preferred professional liability insurance broker, is one of the largest and most respected independent insurance brokers in the country specializing in professional liability insurance for law firms. With AHERN, LACBA members have the benefit of a valued consultant and professional liability insurance advocate. AHERN is prepared to provide superior service and exceptional counsel regarding the professional liability insurance needs of your firm. AHERN also provides a comprehensive workers’ compensation program with Hartford Insurance Company and employment practices liability insurance through Carolina Casualty.   (more)

LACBA members can use the OfficeMax Partner AdvantageSM Program to enjoy substantial savings from 31% to 88% off of the manufacturers’ list price on your most frequently purchased items. This program offers member pricing, award-winning customer service, no-hassle returns, and free delivery on in-stock orders over $50. Members with fewer than 40 employees: go to (username: 0687133w / password: Bu6613c1u6). Members with 40 or more employees: call 800/248-6343. 

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



The January 2014 issue of
Los Angeles Lawyer will be
available online by January 8.

Begins January 22
Traditional TAP (t-TAP): A Trial Advocacy Course 
This course is designed to place attorneys in prosecutorial agencies as volunteer pro bono prosecutors. The training covers the pretrial conference, jury selection, opening statements, direct and cross examination of witnesses, trial-related motions, jury instructions, closing arguments, and sentencing. Successful completion allows participants to be referred as pro bono prosecutors. 

January 23
LACBA Presents: What Lawyers and Arbitrators Need to Know about Commercial Arbitration 

Nine fellows of the College of Commercial Arbitrators and prominent advocates discuss best practices in the management and trial of commercial arbitrations.

High-Hanging Fruit: Unusual Levies  

Simplifying Swaps

Storm Clouds on the Horizon or Blue Skies and Blue Waters? California's Revised Industrial Stormwater Regulations

Forming and Representing Nonprofit 501(c)(3) Organizations

Federal Tax Liens and the Secured Creditor

Frozen in Time: The Death Penalty in California: Past, Present, and Future

© 2014 Los Angeles County Bar Association. Contact LACBA at