Los Angeles Lawyer
2005 Lawyer-to-Lawyer Referral GuideJune 2005 / 42004 Ethics RoundupLos Angeles lawyers Jon L. Rewinski and John W. Ambergdiscuss last year’s developments in legal ethics page 21E A R N MCLE CR E D I TPLUSArbitration Clauses in Retainers page 12Appeals Bonds page 16CERCLA Cleanup Liability page 30Personal Goodwill in Divorce page 38
TOO FAST TO BEOVERRULED.We have the tools to help you getthings done faster. In court or on the road.Instant walkie-talkie is built into every Nextel phone, including the BlackBerry 7510 TM.And members of the Los AngelesCounty Bar Association get discounts on allNextel phones, accessories and rate plans.It’s hard to argue with that.Bring your number up to speed.Trade up to Nextel.866-805-9890 (reference MLSAB)NEXTEL.COM/LACBAWireless number portability may not be available in all areas or for all numbers. Because number portability requires the efforts of multiple companies, the amount of time it takes to transfer yournumber(s) will vary. Nextel’s Nationwide Network serves 294 of the top 300 markets. 2004 Nextel Communications, Inc. NEXTEL, NEXTEL. DONE. and the Driver Safety logo are service marks,trademarks, and/or registered trademarks owned by Nextel Communications, Inc. The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties and trademarksor registered trademarks of Research In Motion Limited – used by permission. All other product or service names are property of their respective owners. All rights reserved.
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June 2005Vol. 28, No. 4FEATURES21 2004 Ethics RoundupBY JOHN W. AMBERG AND JON L. REWINSKIHigh-profile controversies set the tone for developments in legal ethics last yearPlus: Earn MCLE legal ethics credit. MCLE Test No. 138 appears on page 23.30 Taken to the CleanersBY BRIAN D. LANGARecent amendments to CERCLA have substantially increased the number of partiesthat may be able to assert contribution claims for cleanup costs38 Personal ValuesBY HONEY KESSLER AMADOCalifornia courts have obscured whether personal goodwill actually exists as adivisible community assetLosAngelesLawyer45 Special Section2005 Lawyer-to-Lawyer Referral GuideThe magazine ofThe Los Angeles CountyBar AssociationDEPARTMENTS11 Barristers TipsCreating independent record labelsfor artists52 Closing ArgumentIt is time to revise the Miller-Ayala ActBY ROBERT P. BAKERBY SUSAN RABIN AND F. FREDDY SAYEGH50 Index to Advertisers12 Practice TipsEnforcement of binding arbitrationprovisions in retainersBY MATTHEW C. MICKELSON16 Practice TipsThe statutory framework for appeals bondsBY DAVID M. AXELRADCover photograph by Tom Keller51 CLE Preview
Judgments EnforcedLaw Office of Donald P. Brigham23232 Peralta Dr., Suite 204, Laguna Hills, CA 92653P: 949.206.1661F: 949.206.9718dbrigham@earthlink.netAV RatedLosAngelesLawyerVISIT US ON THE INTERNET AT http://www.lacba.org/lalawyerE-MAIL CAN BE SENT TO lalawyer@lacba.orgEDITORIAL BOARDChairGARY RASKINArticles CoordinatorR. J. COMERJERROLD ABELESELAINE R. ABBOTTDANIEL L. ALEXANDERHONEY KESSLER AMADOETHEL W. BENNETTCHAD C. COOMBSKEITH E. COOPERANGELA J. DAVISKERRY A. DOLANGORDON ENGDANIEL A. FIOREJOSEPH S. FOGELSTUART R. FRAENKELMICHAEL A. GEIBELSONTED HANDELDEAN HANSELLJEFFREY A. HARTWICKSTEVEN HECHTKATHERINE M. HIKIDAROXANNE HUDDLESTONLAWRENCE J. IMELJOEL T. KORNFELDJOHN P. LECRONEHYACINTH E. LEUSPAUL MARKSELIZABETH MUNISOGLURICHARD H. NAKAMURA JR.DENNIS PEREZGERALD F. PHILLIPSTHADDEUS M. POPEJACQUELINE M. REAL-SALASSUE CAROL ROKAWKURT L. SCHMALZDAVID SCHNIDERGRETCHEN D. STOCKDALEKENNETH W. SWENSONCARMELA TANBRUCE TEPPERPATRIC VERRONESTAFFPublisher and EditorSAMUEL LIPSMANSenior EditorLAUREN MILICOVSenior EditorERIC HOWARDArt DirectorLES SECHLERDirector of Design and ProductionPATRICE HUGHESAdvertising DirectorLINDA LONEROAccount ExecutiveMARK NOCKELSMarketing and Sales CoordinatorTAL EDELSTEINAdvertising CoordinatorWILMA TRACY NADEAUAdministrative CoordinatorMATTY JALLOW BABYLOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except fora combined issue in July/August, by the Los Angeles County Bar Association,261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213) 896-6503.Periodicals postage paid at Los Angeles, CA and additional mailing offices.Annual subscription price of 14 included in the Association membershipdues. Nonmember subscriptions: 28 annually; single copy price: 4 plushandling. Address changes must be submitted six weeks in advance of nextissue date. POSTMASTER: ADDRESS SERVICE REQUESTED. Send addresschanges to Los Angeles Lawyer, P.O. Box 55020, Los Angeles CA 90055.Copyright 2005 by the Los Angeles County Bar Association. Allrights reserved. Reproduction in whole or in part without permission is prohibited. Printed by Banta Publications Group, Liberty, MO. MemberBusiness Publications Audit of Circulation (BPA).The opinions and positions stated in signed material are those of theauthors and not by the fact of publication necessarily those of theAssociation or its members. All manuscripts are carefully considered bythe Editorial Board. Letters to the editor are subject to editing.4 Los Angeles Lawyer June 2005
TogetherWe’reStronger and better able to fillyour insurance needsThe combined leverage, experience and resources ofthe Los Angeles County Bar Association and Aon arethe surest way to get reasonable professional liabilitycoverage. Many underwriters have fully or partiallyquit the business because of a reduction in surpluscapital. Consequently, law firms face higher premiumsfor significantly reduced coverage.or no coverage atall, forcing them to go out of business!The solution isAON ATTORNEYS’ADVANTAGE Broad coveragetailored to your needs Wide range of limitsand deductibles Competitive ratesThrough this exclusive arrangement with the LACBA,Aon, one of the largest providers of professionalliability insurance for attorneys around the country,will survey the rates of a select group of highly ratedunderwriters and locate the best malpractice protectionavailable to meet your special needs and budget.Contact us today for a no-obligation quotation of rates. Personalized servicefrom your local Aonbroker/advisor Online applicationprocess Risk managementquarterly newsletter Risk managementresources websiteCall Toll-Free 800-634-9177Fax Toll-Free 800-977-1112Or Visit www.aonsolutions.com/aisp4Attorney code #4B1AV003to apply for a quote onlineCA License #0795465
ATTENTION ALL LAWYERS — Wheeled File CasesTop grain leather filecase for only 139.95 Designed to carry your heavy files and booksto and from the courtroomplus S&H Padded compartment for laptop computersUltimate inconvenience,utility, andgreat look! Three brass combination locks Three position telescopic handles Size 18”L x 10”W x 16”H We also carry PVC material filecases for only 99.95 plusS&H of 19.95To order, call 714-928-3742 or fax your order to 714-779-8645Or e-mail us at Tavakoul Inc@yahoo.comAnita Rae ShapiroSUPERIOR COURT COMMISSIONER, RET.PRIVATE DISPUTE RESOLUTIONPROBATE, CIVIL, FAMILY LAWPROBATE EXPERT WITNESSTEL/FAX: (714) 529-0415 CELL/PAGER: (714) 606-2649E-MAIL: FEES: 300/hrLOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OFTHE LOS ANGELES COUNTY BAR ASSOCIATION261 S. Figueroa St., Suite 300, Los Angeles, CA 90012-2533Telephone 213.627.2727 / www.lacba.orgASSOCIATION OFFICERS:PresidentJOHN J. COLLINSPresident–ElectEDITH R. MATTHAISenior Vice PresidentCHARLES E. MICHAELSVice PresidentGRETCHEN M. NELSONTreasurerDON MIKE ANTHONYAssistant Vice PresidentDANETTE E. MEYERSAssistant Vice PresidentMICHAEL E. MEYERAssistant Vice PresidentALAN K. STEINBRECHERImmediate Past PresidentROBIN MEADOWExecutive DirectorSTUART A. FORSYTHAssociate Executive Director/Chief Financial OfficerBRUCE BERRAAssociate Executive Director/General CounselW. CLARK BROWNBOARD OF TRUSTEESLINDA D. BARKERJOHN M. BYRNETHOMAS P. CACCIATORELUCI-ELLEN M. CHUNCLAIRE CIFUENTESKATESSA CHARLES DAVISKERRY J. DOCKSTADERJEFFREY W. ERDMANGARY A. FARWELLJAMES R. FELTONRICHARD B. GOETZLAURENCE R. GOLDMANTOMAS A. GUTERRESBRUCE G. IWASAKISAMANTHA PHILLIPS JESSNERMITCHELL A. KAMINHERBERT KATZELISHA FARA LANDMANLAWRENCE E. LEONECINDY J. MACHOELAINE W. MANDELPATRICK MCNICHOLASWINSTON A. PETERSMARK L. SHAREDOMINQUE R. SHELTONBRIAN K. STEWARTKIM TUNGROBERT G. VAN SCHOONENBERGGAVIN HACHIYA WASSERMANSCOTT E. WHEELERJULIE K. XANDERSAFFILIATED BAR ASSOCIATIONSBEVERLY HILLS BAR ASSOCIATIONBLACK WOMEN LAWYERS ASSOCIATION OF LOS ANGELES, INC.CENTURY CITY BAR ASSOCIATIONCONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELESCULVER/MARINA BAR ASSOCIATIONEASTERN BAR ASSOCIATION OF LOS ANGELES COUNTYGLENDALE BAR ASSOCIATIONITALIAN AMERICAN LAWYERS ASSOCIATIONJAPANESE AMERICAN BAR ASSOCIATION OF GREATER LOS ANGELESIRANIAN AMERICAN LAWYERS ASSOCIATIONJOHN M. LANGSTON BAR ASSOCIATIONJUVENILE COURTS BAR ASSOCIATIONKOREAN AMERICAN BAR ASSOCIATION OF SOUTHERN CALIFORNIALAWYERS’ CLUB OF LOS ANGELES COUNTYLESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELESLONG BEACH BAR ASSOCIATIONMEXICAN AMERICAN BAR ASSOCIATIONPASADENA BAR ASSOCIATIONSAN FERNANDO VALLEY BAR ASSOCIATIONSAN GABRIEL VALLEY BAR ASSOCIATIONSANTA MONICA BAR ASSOCIATIONSOUTH ASIAN BAR ASSOCIATION OF SOUTHERN CALIFORNIASOUTH BAY BAR ASSOCIATION OF LOS ANGELES COUNTY, INC.SOUTHEAST DISTRICT BAR ASSOCIATIONSOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATIONWHITTIER BAR ASSOCIATIONWOMEN LAWYERS ASSOCIATION OF LOS ANGELES6 Los Angeles Lawyer June 2005
Let the lawyer whowrote the bookhandle your client’snon-profitformation!From the ChairBY GARY S. RASKINCHARITABLE / RELIGIOUS / EDUCATIONAL 100% success rate for over 33 years. Only a 10-day turnaround tocomplete the Federal and Stateapplications. Lower overall cost–no one is betterat getting the job done right thefirst time!EXPERIENCE / KNOWLEDGE / CONFIDENCEMarshall A. Glickattorney at law6345 Balboa Blvd., Suite I-300Encino, CA 91316(818) essionalArbitratorand MediatorSteven Richard Sauer, Esq.“He is truly a masterin his art.”Settled over 5,000 Federaland State Litigated om4929 Wilshire Blvd., Suite 740 Los Angeles, CA 900108 Los Angeles Lawyer June 2005he phrase “the art of writing” is a misnomer. Writing well is a skill,not an art. Like all skills, improvement and quality are the productof training, practice, and an understanding of the applicable rules.Of course, equal effort among different people may not result in equalquality. No matter how many hours I might spend practicing hittinga baseball or a golf ball, my abilities would not come close to those of Ted Williamsor Tiger Woods. For almost all of us the goal of writing well is to communicate clearlyrather than win any competition. We do not need to be the Ted Williams or TigerWoods of writing in order to achieve this goal.I am writing about this topic for a few reasons. First, as my tenure as the chairof the Los Angeles Lawyer Editorial Board comes to a close and I reflect upon themany years I have served on the Board, I am impressed by the overall quality of thearticles we receive and the excellent editing performed by the magazine’s volunteerand professional editors. (I especially enjoyed last month’s From the Chair columnwritten by Patric Verrone, a very skilled, professional, and Emmy award-winningwriter.) Despite all the fine writing, however, I have observed many consistenterrors.Second, after spending many years as an editor, I cannot help but evaluate thewriting that I encounter reading other publications in a nonprofessional capacity,when I am not performing my duties for Los Angeles Lawyer. I cringe at the grammatical errors that are printed, especially in magazines and newspapers.Third, I want to thank the many mentors who have helped me improve my writing skills and have taught me to avoid many of the grammatical errors that I read(and hear) on a regular basis. During a recent spring cleaning I found some papersI wrote during my freshman year of college. Reading those papers was humbling andembarrassing, and I am grateful for the vast improvement in my skills.Some repeated errors are worth noting. A semicolon is neither a modified commanor a substitute for two complete sentences. As Bryan Garner explains in the second edition of The Elements of Legal Style, the semicolon may be used: 1) to joinstatements too closely related to be split into two sentences by a period but not relatedclosely enough for a comma to suffice, and 2) to separate enumerated items that themselves contain commas in order to avoid confusion.“Each” is singular and should be used with a singular verb and pronoun.Generally, the same rule applies to “none.”The plural of “money” is “moneys” (not “monies”), and the plural form meansdifferent forms of currency, not more than one dollar of U.S. currency.“Effectuate” is not a synonym or fancy version of “effect.” “Effectuate” meansto give effect to, whereas “effect” means to cause or accomplish.Lawyers seem to love splitting infinitives. We feel the need to fully emphasize words,and for some reason we think that if we place a word or two between “to” and averb that the reader will better understand our point. Trust me, the point is not madeany stronger by a split infinitive, and the reader is often confused by this usage.Although infinitives may be split in some circumstances, it should be avoided for themost part.The proper past tense and past participle form of “plead” is “pleaded,” not “pled.”And with that Andy Rooney-like list of irritants completed, I pass the chairmanshipof the Editorial Board to R. J. Comer, whose writing standards likely are higher thanmine. It has been a great pleasure serving as the 2004-05 chair and working withthe Editorial Board and staff of Los Angeles Lawyer. I am grateful for and enrichedby the many things I learned during the past year. TGary S. Raskin is a principal of Garfield Tepper & Raskin, where his primary area of practiceis entertainment litigation. He is the chair of the 2004-05 Los Angeles Lawyer Editorial Board.
“I missed the deadline? Aaarrggh!”Don’t get caught with your pants down—DOD your dates firstNow, you can drastically reduce malpractice exposurewhile saving countless hours of time. IntroducingDeadlines On Demand (“DOD”), the first nationwidelegal deadline calculation service.Think about it—no more worries of calendar vs. courtdays, local vs. federal holidays, or counting backwardsand forwards—DOD does it all. Plus you can bill-backyour clients for the minimal DOD research charges.DOD is fast, accurate and inexpensive. It’s powered by CompuLaw, the leader in court rules-basedcalendar technology.Why run the risk of missing critical dates? Protect yourclients with the same CompuLaw-checked deadlinesthat the big firms have used for decades. Visitwww.deadlines.com and DOD your dates today!TMAccess DOD to check your deadlines. No need topurchase, install or learn software—just log onto theDOD website. Enter basic case information and watchDOD instantly display your deadlines. You can import your dates into Outlook, or any applicationsupporting iCalendar files.The PremierLegal DeadlineCalculation ServiceSMTM(888) 363-5522 www.deadlines.comFor a FREE PREVIEW: Use Promo Code LAL 2005Copyright 2005, Deadlines on Demand LLC, all rights reserved. U.S. and foreign patents pending. CompuLaw is a registered trademark of CompuLaw LLC.
Barristers TipsBY SUSAN RABIN AND F. FREDDY SAYEGHCreating Independent Record Labels for ArtistsFOR SOME TIME NOW the music industry has been consolidating,downsizing, and signing fewer artists and songwriters. The industrycontinues to struggle with piracy, illegal downloading, and the challenge of new technologies. Attorneys who represent musical artists,songwriters, producers, and others with musical ambitions likelyhave noted the resultant chilling effect and despair among theirclients. The doors to the major labels and music publishers were neveropen wide. Now, fewer doors exist.One outlet remains, however, for clients who need to find a pathto rock stardom: independent record companies. The good news isthat there are thousands of independent labels. Some are vanitylabels that feature one artist (and may be owned by that artist).Many vanity labels start small but then sign a number of artists andprocure national distribution of their recordings (if the music interests the distributor). An indie label with a track record can persuadea major label to handle distribution on a national and even international level. Major labels look to indies to locate new and edgyartists. Large and small companies may work together on joint venture releases. Sometimes, a major acquires the indie as an affiliate.Advising clients to form an independent record company is relatively easy. Many steps in formation resemble those taken to form anyother type of business. Capital is necessary to establish and conductthe business. The type of entity depends on the client’s budget, needs,expertise, and the anticipated size and scope of the business. A soleproprietorship can work if the client knows how to find talent as wellas handle business matters such as licenses, applications, and contracts.This form requires applying for a city business license and filing a fictitious name certificate.A partnership, on the other hand, may work best if one party’sstrengths are in the creative area and others have a better aptitude forrunning a business. The city business license and fictitious name filing are again necessary, and a partnership agreement is advisable. Acorporation, an LLC, or other form can be considered in weighingfinancial liability and tax issues. Articles of incorporation and otherdocuments must be filed with the state.Name clearance and protection are needed to avoid later conflictsand disputes. If a client cannot finance a professional search and trademark application, it is advisable to make as thorough an informalsearch as possible. In addition to checking registered trademarks(federal and state), clients can research music industry publications,source directories, and online database
6 Los Angeles LawyerJune 2005 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012-2533 Telephone 213.627.2727 / www.lacba.org
Los Angeles Lawyer July/August 2018 5 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2553 Telephone 213.627.2727 / www.lacba.org LACBA EXECUTIVE COMMITTEE
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This Voter Guide contains information about: STATE BALLOT PROPOSITIONS and about the following non-partisan Los Angeles County Offices: LOS ANGELES COUNTY SHERIFF LOS ANGELES COUNTY ASSESSOR LOS ANGELES COUNTY SUPERIOR COURT JUDGES LOS ANGELES COUNTY SUPERVISOR, DISTRICTS 1 AND 3 On June
Los Angeles County Superior Court of California, Los Angeles 500 West Temple Street, Suite 525 County Kenneth Hahn, Hall of Administration 111 North Hill Street Los Angeles, CA 90012 Los Angeles, CA 90012 Dear Ms. Barrera and Ms. Carter: The State Controller’s Office audited Los Angeles County’s court revenues for the period of
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Here, Dare sees the lawyer as the instrument of the institution of law. Postema disagrees: 'The lawyer must recognise that the institution acts only through the voluntary activities of the lawyer and client. The lawyer is not the instrument of the institution, rather the institution is the instrument of the client and the client engages the .
AUTODESK REVIT ARCHITECTURE 2010 QUESTIONS AND ANSWERS 3 1. General Product Information 1.1 What is Autodesk Revit Architecture? Built on the Revit platform for building information modeling (BIM), Autodesk Revit Architecture software is a discipline-specific building design and documentation system
