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  • 05 Oct 2011 9:37 PM | Anonymous

    PRESIDENT’S MESSAGE

    Did you know that Michael Jackson couldn’t be polygraphed? If you had attended our September meeting, you would have known that, and so much more about the art and science of polygraphy. Our speaker, Jack Trimarco, was fantastic: both entertaining and in- formative. He also gave us insights into the case of the first man ar- rested in the Brian Stowe beating case and how a polygraph test convinced him (and eventually, the LAPD) that the suspect was in- nocent (at least of the assault charge).

    I hope you’ll all join me at Truxton’s on Tuesday, October 18, 2011 for the “Everything You Ever Wanted To Know About Family Law, But Were Afraid To Ask” presentation by our very own Ron Ziff and Maryanne Golsan. Since the last time I learned family law was when I sat for the bar (having gone to law school in an equitable dis- tribution state), I’m ready for a refresher course. I hope you are as well. Since we live in a community property state, family law touch- es upon so many of the areas in which our members practice, so this will be a useful discussion. And if you’re married (and contem- plating changing your Facebook status), this will be a good time for some free advice.

    Leslie M. Baker President

    FREE STUFF

    The State Bar Lawyer Assistance Program is offering a free (that’s right, free!) MCLE program on the prevention, detection and treat- ment of substance abuse on October 7 and November 11, 2011 in the Bar’s Los Angeles Office. If you missed the CMBA’s substance abuse program last spring and are facing the upcoming MCLE deadline, this could be a great way to fulfill your requirement. For more details, contact richard.carlton@calbar.ca.gov .

    1

    Culvermarinabar.org

    2011 OFFICERS

    Leslie M. Baker

    President

    Ron Ziff

    President - Elect

    Olivia Sanders

    Secretary

    Maryanne Golsan

    Treasurer

    David M. Shaby II

    Past-President

    Michael Fate

    Executive Director

    2011 DIRECTORS

    Michael Burstein Monica Castagnasso Michael Fate
    Harold Gould
    Rick Pearce
    Gerry Sallus
    Hali Ziff

    NEXT MEETING

    Tuesday, Oct. 18, 2011, at: 6:00 p.m.

    Location

    Truxton’s American Bistro, 8611 Truxton Ave.,
    Los Angeles, CA. 90045 310-417-8789

    To RSVP, call Karena at 310-827-7171

    October, 2011 Newsletter

    ALSO FREE

    A free breakfast and free parking will be provided to participants in a panel discussion presented by the Superior Court for Los Angeles. The program is “Diversity on the Bench: Judicial Vetting under Governor Brown.” The date is Saturday, October 15, 2011 from 8:30 am to Noon at the Stanley Mosk Courthouse. Joshua Groban, Senior Advisor to Gov- ernor Brown, will discuss judicial appointments and diversity on the Bench. Representa- tives from the Commission on Judicial Nominees (“JNE”) and the Los Angeles County Bar Association (“LACBA”) will also discuss their roles in the judicial vetting process. Mark your calendars and plan to attend this FREE event. Reservation forms are due by October 1, 2011. If you’d like me to fax you a copy of the reservation form, email me at lesliebaker@earthlink.net. For more details, you can contact Camilo Cruz, Community Re- lations Director for the Los Angeles Superior Court at 213-974-5178 or ccruz@lasuperiorcourt.org.

    THE CASE IS MURDER

    As you all know, Culver Marina Bar Association sponsors the Culver City High School Mock Trial program. From coach Ron Ziff comes the following:

    The 2011 Mock Trial case is murder, again - but our team always responds well to mur- der. This year the defendant is Ryan Buschell, a college student from a wealthy and politi- cally well connected family. He is charged with the 2nd degree murder of Becca Abeles, another college student (but not rich) who he has known since childhood. The two had a falling out over Ryan’s participation in a scholarship competition he did not need. Becca is getting ready to report him for plagiarism which will drop his GPA below 3.5 and result in Ryan losing out on a $20,000 inheritance. It looks bad for Ryan but the evidence is kinda weak.”

    The first two nights of the competition are November 2nd and November 9th at 5 p.m. at Central Courthouse at 111 North Hill St. 90012. All CMBA members are invited to attend. Last year, we had members of the team put on a presentation at one of our dinners and everyone was quite impressed with their performance.

    AND SPEAKING OF DEATH

    Our November MCLE will be a primer on probate law. Since we’re all gonna die even- tually....I’m just saying, this will be interesting to all. So mark it on your calendars and I’ll give you more information in the next newsletter.

    2

    WHO: WHAT:

    WHEN : WHERE:

    WHY: HOW:

    Ron Ziff and Maryanne Golsan
    “Everything You Ever Wanted to Know About Family Law But Were Afraid To Ask”
    October 18, 2011 at 6:00 pm
    Truxton’s Bistro, 8611 Truxton Avenue, Los Angeles, CA 90045
    (In Westchester off Manchester Boulevard)

    Good food, good conversation and MCLE credit
    much does it cost? $40 for members / $50 for nonmembers

    NEW LAWS

    OCTOBER MEETING

    Governor Brown recently signed the following bills into law:

    •AB 1403, by the Assembly Judiciary Committee, which will prohibit judges from imposing blanket time limits on voir dire in civil trials. The legislation, effective Jan. 1, also sets a 30- day time limit in which a party may accept remittitur or additur in lieu of a new trial on dam- ages, unless the court specifies a different limit in its order.

    •AB 1407, also by the Assembly Judiciary Committee, which will permit a claim against a parent, guardian, or another adult for furnishing alcoholic beverages to a person whom he or she knows, or should have known, to be under 21 years of age, and would permit a finding that the furnishing of such beverages is the proximate cause of resulting injuries.

    •SB 384, by Evans, which will allow, if the parties so stipulate, a summary adjudication of an issue that does not dispose entirely of a claim or defense. The legislation is effective Jan. 1 and sunsets after three years.

    MEMBERSHIP AND NEW ON-LINE DIRECTORY

    We still have members that have not paid their dues for 2011 and who have not turned in the new membership application form identifying their areas of practice and the status of their affiliations with the Los Angeles County Bar Association. The application is available at our website, at the following web address:

    http://culvermarinabar.org/newsletters/11cmbaapp&practiceareas.pdf

    We are in the process of updating our on-line Directory and members who have not paid their dues or turned in the new application forms may not be listed in the directory when it is com- pleted, so we need to get everyone to submit their application along with their bar dues so that we can update the on-line directory. Please follow the instructions to complete the form and send in your form and your dues ASAP.

    3

    October 18, 2011 - November 3, 2011 - November 15, 2011 - November 24, 2011 -

    December 1, 2011 -

    Editor: Michael Fate

    CALENDAR AT A GLANCE

    Dinner and MCLE (Family Law with Ron Ziff and Maryanne Golsan)

    Board of Directors Meeting at The Warehouse Restaurant

    Elections for the Board of Directors and Dinner and MCLE

    Take a turkey to dinner day. No wait, that’s eat a turkey for dinner day.

    Board of Directors Meeting at The Warehouse Restaurant 


  • 05 Sep 2011 9:36 PM | Anonymous

    PRESIDENT’S MESSAGE

    I’m baccckkkkkkkk! I told you I’d see you in September and here I am, like the proverbial bad penny. I hope you all had a wonderful summer break. I spent a week in Seattle with my family. We were all there to see my oldest nephew get married (can you believe he beat me to the altar?!?!)

    It was great to have time off and it’s been a little difficult to get back into the swing of things. Hence the lateness of this newsletter. My apologies.

    I hope you’ll all join me at Truxton’s on Tuesday, September 20, 2011, for dinner and a presentation from Jack Trimarco on polygraphs. Mr. Trimarco is the former Unit Chief for the FBI Polygraph Unit in the Los Angeles Field Office. He is a nationally recognized polygraph ex- aminer and has conducted more than 3,000 examinations throughout the world. Some of the more notable cases that Mr. Trimarco con- sulted on or served as polygraph examiner include the Dr. Wen Ho Lee espionage case, the Unabomber investigation, the Oklahoma City bombing case, the 1993 bombing of the World Trade Center, the Whitewater investigation and the LAPD Rampart scandal. And speak- ing of the LAPD, Mr. Trimarco recently conducted a polygraph exam of Giovanni Ramirez, who was charged in the attack on Bryan Stow at the Dodgers-San Francisco Giants game. Although the title of his presentation is “Polygraph 2011- If It’s Not Admissible, Why Bother”, I’m also hoping that we can persuade Mr. Trimarco to regale us with some of his war stories.

    -Leslie M. Baker President

    FREE STUFF

    The State Bar Lawyer Assistance Program is offering a free (that’s right, free!) MCLE program on the prevention, detection and treatment of substance abuse on October 7 and November 11, 2011 in the Bar’s Los Angeles Office. If you missed the CMBA’s substance abuse pro- gram last spring and are facing the upcoming MCLE deadline, this could be a great way to fulfill your requirement. For more details, con- tact richard.carlton@calbar.ca.gov .

    Culvermarinabar.org

    2011 OFFICERS

    Leslie M. Baker

    President

    Ron Ziff

    President - Elect

    Olivia Sanders

    Secretary

    Maryanne Golsan

    Treasurer

    David M. Shaby II

    Past-President

    Michael Fate

    Executive Director

    2011 DIRECTORS

    Michael Burstein Monica Castagnasso Michael Fate
    Harold Gould
    Rick Pearce
    Gerry Sallus
    Hali Ziff

    NEXT MEETING

    Tuesday, Sept. 20, 2011, at: 6:00 p.m.

    Location

    Truxton’s American Bistro, 8611 Truxton Ave.,
    Los Angeles, CA. 90045 310-417-8789

    To RSVP, call Karena at 310-827-7171

    1

    ALSO FREE

    A free breakfast and free parking will be provided to participants in a panel discussion presented by the Superior Court for Los Angeles. The program is “Di- versity on the Bench: Judicial Vetting under Governor Brown.” The date is Satur- day, October 15, 2011 from 8:30 am to Noon at the Stanley Mosk Courthouse. Joshua Groban, Senior Advisor to Governor Brown, will discuss judicial appoint- ments and diversity on the Bench. Representatives from the Commission on Judi- cial Nominees (“JNE”) and the Los Angeles County Bar Association (“LACBA”) will also discuss their roles in the judicial vetting process. Mark your calendars and plan to attend this FREE event. Reservation forms are due by October 1, 2011. If you’d like me to fax you a copy of the reservation form, email me at lesliebak- er@earthlink.net. For more details, you can contact Camilo Cruz, Community Re- lations Director for the Los Angeles Superior Court at 213-974-5178 or ccruz@lasuperiorcourt.org.

    NOT QUITE FREE, BUT CLOSE

    Also sponsored by the State Bar is the course “Learn Key Strategies To Take Your Career to the Next Level” conducted by Susan Miller and Jean Brinks of California Career Service. The cost is $90 for 4 sessions and the first session is in Los Angeles on September 21, 2011. For more details, contact ri- chard.carlton@calbar.ca.gov .

    SEPTEMBER MEETING

    WHO: Jack Trimarco, expert polygraph examiner
    WHAT: “Polygraph 2011: If It’s Not Admissible, Why Bother?”

    WHEN :
    WHERE: Truxton’s Bistro, 8611 Truxton Avenue, Los Angeles, CA

    WHY: HOW:

    90045
    (In Westchester off of Sepulveda Boulevard)
    Good food, good conversation and MCLE credit
    much does it cost? $40 for members / $50 for nonmembers

    CULVER CITY HIGH SCHOOL MOCK TRIAL PROGRAM

    September 20, 2011 at 6:00 pm

    For the last five years, CMBA has sponsored the Mock Trial Program at Culver City High School and this year is no exception. The Board has authorized a contribution of $450 to cover the admittance fee for the team.

    2

    This is a national program and our very own Ron Ziff is the coach! Team members collectively put in hundreds of hours into preparing for the competition. They learn crucial social skills including public speaking and debate, as well as leadership skills and how to work as a team. The team has invited all CMBA members to attend any of their practices, meetings or competitions. For more in- formation you can contact Ron or Joshua Cahn who is this year’s President of the Mock Trial Team. He can be reached at joshuacahn@aol.com.

    GET INVOLVED WITH OUR BLOOD DRIVE

    OK, it’s not really a blood drive, it’s a drive for new blood! CMBA needs some new blood on the Board of Directors. After many, many years of service (in- cluding a stint as President), Hal Gould is stepping down from the Board so we have at least one opening (there may be two) for someone who wants to get more involved. Serving on the Board is a great way to get to know other members on a deeper level (always helpful when you’re looking for client referrals). And it’s also a good way to get on track to become an officer, which always looks good on a résumé (or for you younger types, on your website or Linked In profile). The Board meets the first Thursday of each month at the Warehouse Restaurant in Marina Del Ray. Elections will be held in November so time is of the essence. If you are interested, please call me at (310) 471-4050 or email me at lesliebak- er@earthlink.net.

    Please Note the Following Notice from the August 12, 2011 e-briefs of The State Bar of California:

    Random group will be audited
    for MCLE compliance
    A small group of lawyers who reported compliance with continuing education requirements earlier this year will be audited this fall and asked to provide compliance certificates.
    The State Bar will send an email and letter around Aug. 1 to about 625 attorneys from MCLE Com- pliance Group 3 (last names N-Z), notifying them of the audit. They will receive a link to an online MCLE compliance log, where they will be asked to provide compliance details. They also will be asked to submit actual certificates of attendance, either by mail or email, within 30 days.
    The lawyers were chosen by random and represent less than 1 percent of Group 3.
    Most active California lawyers are required to complete 25 hours of continuing education courses every three years, including four hours of legal ethics and an hour each of elimination of bias and detection and prevention of substance abuse or mental illness. Half the hours may be completed with self-study hours. Failure to comply with MCLE requirements can result in administrative inac- tive status and assessment of penalties.
    Failure to comply with the audit also will result in administrative inactive status. Fewer than 1 per- cent of each compliance group lose their license annually for not meeting MCLE requirements.

    3

    The bar has conducted two audits in the past eight years but intends to conduct an annual audit in the future. The next compliance group is lawyers whose last names start with H-M. They face a Feb. 1, 2012, deadline.

    September 17, 2011 - September 20, 2011 -

    October 6, 2011 - October 13, 2011 - October 18, 2011 - November 3, 2011 - November 15, 2011 - December 1, 2011-

    Editor: Michael Fate

    CALENDAR AT A GLANCE
    Constitution Day
    Dinner and MCLE: “Polygraph 2011: If It’s Not Admissible,

    Why Bother” with Jack Trimarco Board of Directors Meeting at The Warehouse Restaurant

    My 30th birthday. Again!
    Dinner and MCLE (Topic to be announced)
    Board of Directors Meeting at The Warehouse Restaurant Elections for the Board of Directors and Dinner and MCLE Board of Directors Meeting at The Warehouse Restaurant 


  • 05 Jul 2011 9:35 PM | Anonymous

    PRESIDENT’S MESSAGE

    It’s not often that you hear the word “surplus” in this day and age. So I was surprised to read that the State Bar of California has an estimated cumulative surplus of $12.4 million. I came across that little tidbit while reading the California Bar Journal (or rather, the eJournal). According to the eJournal article, the surplus is “...due to belt-tightening measures that include a hiring freeze, no salary increases, and a halt or reduction to many programs following Gov. Schwarzenegger’s veto of the fee bill in 2009.” I was even more surprised and dismayed to read that, instead of rebating a significant portion of the surplus, the powers that be have decided to reduce active members’ dues by $10 for 2012. That’s right, a whopping $10!!

    My thanks to Jan Frankel Schau for her interesting presentation on mediation issues at our June MCLE event. I’ve always been cognizant of the need to prepare clients for mediation; Ms. Schau stressed the need to prepare your mediator as well as your client. I am a trained me- diator and found the program informative and enjoyable. (It’s always fun to hear someone else’s war stories). If you need a mediator for an em- ployment matter, I would highly recommend Ms. Schau.

    -Leslie M. Baker President

    PONY PARTY

    Unfortunately, I was unable to attend our annual Night At the Races event on July 8, 2011 and did not get to demonstrate my patented tech- nique for always coming out even when betting on horses. This tech- nique was developed in my adolescence: I grew up in New Jersey in a town with horse farms and very near a racetrack (Monmouth Park for anyone who cares) and my Mom used to take my 3 sisters and me to the races. Yes, my Mom helped me learn to play the ponies!

    Anyway, reliable sources have reported back to me (yes, I have my very own Deep Throat) that it was a great event and the buffet was “awesome.” Twenty members and their guests were able to go down to the gate (field) for one of the races. Just before start time for that race, one of the horses scratched (withdrew, to all you racing neophytes) and another horse took off without its jockey! I would have enjoyed seeing

    Culvermarinabar.org

    2011 OFFICERS

    Leslie M. Baker

    President

    Ron Ziff

    President - Elect

    Olivia Sanders

    Secretary

    Maryanne Golsan

    Treasurer

    David M. Shaby II

    Past-President

    Michael Fate

    Executive Director

    2011 DIRECTORS

    Michael Burstein Monica Castagnasso Michael Fate
    Harold Gould
    Rick Pearce
    Gerry Sallus
    Hali Ziff

    NEXT MEETING

    Tuesday, Sept. 20, 2011, at: 6:00 p.m.

    Location

    Truxton’s American Bistro, 8611 Truxton Ave.,
    Los Angeles, CA. 90045 310-417-8789

    To RSVP, call Karena at 310-827-7171

    1

    that. Thanks to Monica Castagnasso and Chasca Morse for arranging the event.

    SEE YOU IN SEPTEMBER

    There are no MCLE events in July and August so that we (and by that, I mean me) get a break. Also, the Board Meeting for August has been cancelled or rather, rescheduled to September. So as the song goes, we’ll:

    See you in September
    See you when the summer's through
    Here we are (bye, baby, goodbye)
    Saying goodbye at the station (bye, baby, goodbye) Summer vacation (bye, baby bye, baby)
    Is taking you away (bye, baby, goodbye)

    AND IN SEPTEMBER, YOU CAN MEET ME IN LONG BEACH

    The State Bar will hold its Annual Meeting on September 15-18, 2011 in Long Beach. The Annual Meeting is a great way to get all of your MCLE credits in one weekend. And since it’s local this year, you don’t have to deal with the aggravation at LAX. Focus educational tracks will be offered as well as classes in the required sub-fields and legal specialization credit. The meeting will also feature luncheons with well known speakers (or so I’m told), receptions, award ceremonies and an art show. Yours truly will be attending the 2011 Bar Leaders Conference on September 15th, where I hope to pick up a few tips on how to build our membership and get a refresher course on Robert’s Rules of Order.

    I GET MAIL

    From the Los Angeles Superior Court comes the following:

    Diversity on the Bench: Judicial Vetting under Governor Brown. To be held on Saturday, October 15, 2011 from 8:30 am to Noon at the Stanley Mosk Courthouse. Joshua Groban, Senior Advisor to Governor Brown, will discuss judicial appointments and diversity on the Bench.

    Representatives from the Commission Judicial Nominees (“JNE”) and the Los Angeles County Bar Association (“LACBA”) will also discuss their roles in the judicial vetting process. So, if you’ve ever had a hankering for more power (arrgh, arrgh, arrgh-I’ve been watching Home Improvement reruns in the wee hours, in case you were wondering), mark your calendars and plan to attend this FREE event. You can contact Camilo Cruz, Community Relations Director for the Los Angeles Superior Court at 213-974-5178 or ccruz@lasuperiorcourt.org.

    2

    MEMBERSHIP AND NEW ON-LINE DIRECTORY

    We still have members that have not paid their dues for 2011 and who have not turned in the new membership application form identifying their areas of practice and the status of their affiliations with the Los Angeles County Bar Association. The application is available at our website, at the following web address:

    http://culvermarinabar.org/newsletters/11cmbaapp&practiceareas.pdf

    We are in the process of updating our on-line Directory and members who have not paid their dues or turned in the new application forms may not be listed in the directory when it is completed, so we need to get everyone to submit their application along with their bar dues so that we can update the on-line directory. Please follow the instructions to complete the form and send in your form and your dues ASAP.

    September 1, 2011- September 17, 2011 - September 20, 2011 - October 6, 2011 - October 13, 2011 - October 18, 2011 -

    CALENDAR AT A GLANCE

    Board of Directors Meeting at The Warehouse Restaurant Constitution Day
    Dinner and MCLE (Topic to be announced)
    Board of Directors Meeting at The Warehouse Restaurant My 30
    th birthday. Again!

    Dinner and MCLE (Topic to be announced)

    3

    CALENDAR AT A GLANCE

    September 1, 2011- Board of Directors Meeting at The Warehouse Restaurant September 20, 2011 - Dinner and MCLE (Topic to be announced)
    October 6, 2011 - Board of Directors Meeting at The Warehouse Restaurant October 18, 2011 - Dinner and MCLE (Topic to be announced)

    Editor: Michael Fate 


  • 05 Jun 2011 9:34 PM | Anonymous

    NEWSLETTER

    June, 2011 PRESIDENT’S MESSAGE

    Don’t forget to vote for the District 7 seat open on the Board of Governors of the State Bar. The deadline is June 30, 2011 and you can vote by mail or over the internet. We had an interesting discussion with candidates Joseph Donnini and Jeffrey Lustman at our Candidates Forum on May 17th and I want to thank them for attending. It helped clarify my decision as to how to vote. If you weren’t able to attend and want to hear the gist of their positions, give me a call at 310-471-4050 and I’ll bring you up to speed (not that I’d ever tell anyone how to vote!).

    Our speaker this month is Jan Frankel Schau with ADR Services, Inc. in Century City. Ms. Schau has over 20 years experience as a litigator, focusing on insurance defense and plaintiff’s employment matters. Since 2003, she has mediated over 1,000 litigated matters in Southern California and 85% of her cases settle in a single day. That’s quite a track record!

    Her presentation is titled “Effective Mediation Techniques: Winning Your Case Without Going To Trial” and she will be discussing the mediation process from preparation through the enforcement of settlement agreements. It’s been a while since I went through mediation training, so I’m glad to have a refresher course. And in light of the Facebook case, the issue of enforcing settlement agreements is of particular interest. If you didn’t see the movie The Social Network and don’t know the background of the Facebook case, just Google Ty- ler and Cameron Winklevoss (aka the “Winklevoss Twins”) and read all about it. Or get the DVD, pop some popcorn, put your feet up and enjoy the movie. It’s quite a tale.

    -Leslie M. Baker President

    ONLY SIX MONTHS TO THE HOLIDAYS

    It’s not time to put up the Christmas decorations yet (at least, I haven’t seen any in the stores yet), but we are already talking about CMBA’s annual holiday celebration. For the last few years, the bash has been at Tony P’s in Marina del Rey. And the Board is happy to go back there. But before we book a date, we

    Culvermarinabar.org

    2011 OFFICERS

    Leslie M. Baker

    President

    Ron Ziff

    President - Elect

    Olivia Sanders

    Secretary

    Maryanne Golsan

    Treasurer

    David M. Shaby II

    Past-President

    Michael Fate

    Executive Director

    2011 DIRECTORS

    Michael Burstein Monica Castagnasso Yolanda Copeland Michael Fate
    Harold Gould
    Rick Pearce
    Gerry Sallus
    Hali Ziff

    NEXT MEETING

    Tuesday, June 21, 2011, at: 6:00 p.m.

    Location

    Truxton’s American Bistro, 8611 Truxton Ave.,
    Los Angeles, CA. 90045 310-417-8789

    To RSVP, call Karena at 310-827-7171

    1

    thought we’d query you, our members, to see if you have any ideas or opinions on a different venue or even a different type of event. If so, please email me atlesliebaker@earthlink.net and let me know. Or you can talk to me at the dinner on June 21st. We will be deciding on a tentative date for the party at the next Board meeting so put your thinking caps on and get back to me by the first week of July.

    NOT TO BEAT A DEAD HORSE...

    But I will, once again, remind you that in lieu of our July MCLE dinner, we will be going to Hollywood Park! And since we usually take August off, this will be your last chance to enjoy our company until the end of the summer. A flyer is attached to this email but for those of you who have trouble opening attachments, here’s the info: The date is July 8, 2011 and the cost is $50 per person. This includes Turf Club Admission and Program, seating at the Gold Cup Table (along with a delicious buffet), and complimentary Valet Parking. Although Post Time is 7:00 pm, people can arrive as early as 5:30. The buffet opens at 6:30. First race is at 7:05 and the last race is at 10:30 pm. Please dress appropriately (no shorts, cutoffs or t-shirts).

    To reserve your place, send your check for $50 per ticket (made payable to Culver Marina Bar Association) to Golsan, Ziff & Ziff, c/o Chasca, 5840 Uplander Way, Suite 102, Culver City, CA 90230. People whose checks are received in the office by Thursday, June 30, 2011 will have their tickets mailed to them. For reservations after that date, please call Chasca at (310) 342-2818 on or before July 7, 2011.

    JUNE MEETING

    WHO: Attorney/Mediator Jan Frankel Schau
    WHAT: Effective Mediation Techniques: Winning Your Case Without Ever Going

    to Trial
    WHEN: June 21, 2011 at 6:00 pm

    WHERE: Truxton’s American Bistro 8611 Truxton Avenue

    LA, CA 90045

    (Off Manchester Boulevard in Westchester) HOW: RSVP through Evite or email Mfate@aol.com WHY: GoodFood

    Good Conversation - really, it can be scintillating MCLE Credit!!
    Knowledge

    I GET MAIL

    From the Judicial Council of California, comes the following:

    1. Invitation to Nominate individuals for the 2011 Advisory Committee. There are actually 15 Committee Membership categories, including Access and Fairness; Appellate; Center for Judicial Educa- tion and Research; Civil Jury Instructions; Civil and Small Claim; Collaborative Justice Court; Court Executives; Court Interpreters; Court Technology; Criminal Jury Instructions; Criminal Law; Family and Juvenile Law; Legal Services Trust Fund Commission; Probate and Mental Health; and Traffic. The deadline to submit applications is June 30th. The nomination form can be completed online or down- loaded from the California Court’s Web Site at http://www.courts.ca.gov/4650.htm.

    2

    ETHICS ALERT ABOUT DISCOVERY THROUGH SOCIAL MEDIA

    The following article is reprinted from the May, 2011 issue, Vol. 31, No. 5, of County Bar Update, a publication of our affiliate, the Los Angeles County Bar Association because of the important ethical issues raised by informal discovery through the use of social media:

    Ethical Informal Discovery of Social Media

    By Carole J. Buckner, member, LACBA Professional Responsibility and Ethics Committee, and dean of Abraham Lincoln University School of Law. She can be reached at cbuckner@cox.net. The views ex- pressed are her own.

    Lawyers investigating an adverse party or witness through social networking media such as Facebook or MySpace face several ethical constraints. Some social media is private, while some is considered public. The lines are not always clear. Formal discovery directed at social media service providers may be precluded by the Stored Communications Act (SCA)1 and the Electronic Communications Privacy Act (ECPA).2 One California court held that where a plaintiff published an Ode on MySpace, she “opened the article to the public at large. Her potential audience was vast.”3 But formal discovery focused on obtaining private messaging via Facebook and MySpace may be quashed under the SCA and ECPA.4 Informal investigation aimed at social networking sites is an obvious alternative. However, caution is advised.

    Avoiding deception. Out-of-state ethics opinions, which are advisory only, indicate that as long as lawyers do not employ dishonesty, obtaining information from an opposing party’s publicly available social networking “landing pages” is permissible where the pages are available to social network mem- bers.5 While some states permit lawyer deception in specific contexts,6 California law generally provides that an attorney who commits or consents to deceit or collusion with intent to deceive a party is guilty of a misdemeanor.7 In addition, “any person who knowingly and without consent credibly impersonates another actual person...on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person” is also guilty of a misdemeanor and is liable for civil and injunctive relief.8

    California law further prohibits lawyers from engaging in acts involving moral turpitude, corruption, or dishonesty, whether as an attorney or otherwise9 and requires that lawyers employ such “means only as are consistent with truth.”10 California ethics rules prohibit lawyers from advising the violation of law, unless the lawyer has a good faith belief that the law is invalid.11 Rules regarding acting in concert with third parties provide that lawyers shall not knowingly assist in, solicit, or induce violation of the Rules of Professional Conduct.12 Finally, lawyers directing a third party’s investigatory efforts have an ethical duty to supervise nonlawyers working under their direction.13

    Out-of-state ethics opinions regarding investigation of social media indicate that the use of deception by a lawyer or the lawyer’s agent or employee, such as employing a false identity to initiate a “friend” request to an adverse party or witness, generally is prohibited.14 Even the use of an agent acting on behalf of a lawyer to make a technically truthful friend request to a witness (in the agent’s truthful name) was characterized as deceptive where the agent’s affiliation with the lawyer is concealed from the recipient of the request.15 One ethics opinion further concludes that the witness’s habit of readily accepting friend requests does not excuse the lawyer’s dishonesty, because “[d]eception is deception, regardless of the [witness’s] susceptibility to being deceived.”16 Deception stemming from “over-zealous efforts to effec- tuate a legal strategy” reflects a disregard of ethical duties that can constitute moral turpitude.17 Accor-

    3

    dingly, truthful “friending” of unrepresented parties or witnesses, or issuance of formal discovery best permits the lawyer to obtain information from social networking sites.18

    Investigation of adverse parties. The lawyer pursuing investigation of adverse parties through social networking sites triggers another ethics constraint: the “no-contact” rule, which generally prohibits a lawyer from contacting a represented party—without the party’s counsel’s consent—where the contact concerns the subject matter of the representation, unless such communications are otherwise authorized by law.19 Where a party is the object of the investigation and represented by counsel, even a nondeceptive “friend” request initiated by the adverse lawyer will violate the no-contact rule.20 Where the target of informal discovery is a corporate employee of an adverse corporate party represented by counsel, further analysis is required regarding the employee’s status as an officer, agent or managing agent, or partner, in which case even truthful “friending” efforts that steer clear of deception will violate the no-contact rule.21 Truthful friend requests to former employees are less problematic, assuming confidential and privileged information is not sought.22

    Lawyers must proceed with caution when conducting informal discovery of social networking sites, restricting such efforts to truthful requests to nonparties to avoid ethical perils.

    1 18 U.S.C. §2701, et seq.
    2 18 U.S.C. §2510, et seq.
    3 Moreno v. Hanford Sentinel, Inc., 172 Cal. App. 4th 1125, 1130 (2009). 4 Crispin v. Christian Audigier, Inc., 717 F. Supp. 2d 965, 991 (2010).
    5 New York State Bar Ass’n, Formal Op. 843 (Sept. 10, 2010).

    6 See, e.g., Oregon State Legal Ethics Comm., Formal Op. 2005-173 (2003) (lawyer supervising covert activity); New York County Lawyers’ Ass’n Ethics Op. 289 (May 2007) (civil rights and intellectual property).

    7 Cal. Bus. & Prof. Code §6128(A).
    8 Cal. Penal Code §528.5.
    9 Cal. Bus. & Prof. Code §6106.
    10 Cal. Bus. & Prof. Code §6068(d).
    11 Cal. Rules of Prof'l. Conduct R. 3-210.
    12 Cal. Rules of Prof'l. Conduct R. 1-120.
    13 Cal. Rules of Prof'l. Conduct R. 3-110, Discussion.

    14 Ass’n of the Bar of City of New York, Comm. on Prof'l. and Judicial Ethics, Formal Op. 2010-2 (September 2010).

    4

    15 Philadelphia Bar Ass’n, Prof'l. Guidance Comm., Op. 2009-02 (March 2009). See also Wayne v. Bureau of Private Investigators & Adjusters, 201 Cal. App. 2d 427 (1962) (revoking license of investiga- tor for deceit regarding his identity).

    16 Op. 2009-02 (March 2009).
    17 See In re Maloney, 4 Cal. State Bar Ct. Rptr. 774 (2005).
    18 See Formal Op. 2010-2, supra note 14.
    19 Cal. Rules of Prof'l. Conduct R. 2-100; United States v. Carona, 630 F. 3d 917 (2011).
    20 New York State Bar Ass’n, Formal Op. 843 (Sept. 10, 2010).
    21 Cal. Rules of Prof'l. Conduct R. 2-100(B).
    22 Cal. Rules of Prof'l. Conduct R. 2-100, Discussion; see also Formal Op. 2010-2, supra note 14. © 2011 Los Angeles County Bar Association

    CALENDAR AT A GLANCE

    June 12, 2011 - Father’s Day-if your father is still with you, celebrate

    June 21, 2011 - Dinner and MCLE (Jan Frankel Schau on Effective Mediation Techniques)

    July 4, 2011 - July 7, 2011 - July 8, 2011-

    Fire up the barbeque–it’s time for hotdogs, apple pie and fireworks!! Board of Directors Meeting at The Warehouse Restaurant

    Camptown Races Sing This Song...Doo Dah, Doo Dah A Night At the Races at Hollywood Park at 6:00 pm

    August 4, 2011- Board of Directors Meeting at The Warehouse Restaurant September 1, 2011- Board of Directors Meeting at The Warehouse Restaurant September 20, 2011 - Dinner and MCLE (Topic to be announced)
    October 6, 2011 - Board of Directors Meeting at The Warehouse Restaurant October 18, 2011 - Dinner and MCLE (Topic to be announced)

    Editor: Michael Fate 


  • 05 May 2011 9:33 PM | Anonymous

    NEWSLETTER

    May, 2011 PRESIDENT’S MESSAGE

    Don’t Vote. Now that’s not something you would normally ever hear me say, at least out loud. So maybe I should rephrase that to “Don’t Vote - At Least Not Yet.” Why? Well, I’m glad you asked...

    The State Legislature has asked for recommendations on revamping gover- nance of the State Bar. Current State Bar President Bill Hebert apparently favors reducing Board membership from 23 to 15 and giving the Supreme Court the au- thority to appoint the lawyer members, rather than allowing members to elect Governors. Two other current Board members favor leaving the BOG member- ship at 23 but only 13 of the 16 lawyer members would be elected by the mem- bership, while the other 3 would be appointed by the Supreme Court. Since both options lead to a reduction (or complete elimination) of the ability of dues-paying member to elect at least some of our leaders, this idea greatly disturbs me. Am I the only one who remembers the battle cry of “no taxation without representation” any more? (Maybe it’s an East Coast thing - the Revolutionary War was fought in my back yard. Literally.)

    There are four candidates for the open seat in District 7 (Los Angeles). In an effort to determine where these four candidates stand on this and other issues, I’ve invited them to speak at our June 21st meeting. Voting in the election continues until June 30th so you’ll still have plenty of time to make your voice heard in the election. So don’t vote...just yet.

    -Leslie M. Baker President

    Culvermarinabar.org

    2011 OFFICERS

    Leslie M. Baker

    President

    Ron Ziff

    President - Elect

    Olivia Sanders

    Secretary

    Maryanne Golsan

    Treasurer

    David M. Shaby II

    Past-President

    Michael Fate

    Executive Director

    2011 DIRECTORS

    Michael Burstein Monica Castagnasso Yolanda Copeland Michael Fate
    Harold Gould
    Rick Pearce
    Gerry Sallus
    Hali Ziff

    NEXT MEETING

    Tuesday, May 17, 2011, at: 6:00 p.m.

    Location

    Truxton’s American Bistro, 8611 Truxton Ave.,
    Los Angeles, CA. 90045 310-417-8789

    To RSVP, call Karena at 310-827-7171

    1

    WHAT CAN YOU GET FOR A DOLLAR?

    Not much these days. But our speaker this month assures me that it is possible for solos and small firms to do business development for less than $1 a day. My parents are both from Missouri and I have a little bit of the “show me state” mentality myself. So I am really looking forward to our May 17th meeting featuring Lisa Miller. Lisa is the former chair of the Solo and Small Practice section of the State Bar and really knows her stuff. I’ve met Lisa and she’s a dy- namic and interesting woman so I hope you’ll all join us for an exciting evening.

    The program begins at 6:00 pm with mingling over cheese and crackers and no-host cocktails. In addition to a delicious dinner at Truxton’s, attendees will also receive 1 hour of MCLE credit.

    A DAY AT THE RACES / A NIGHT AT THE OPERA

    Well, actually, it’s going to be an evening at the races (and to heck with the opera). In lieu of our July MCLE dinner, we will be going to Hollywood Park! The date is July 8, 2011 and the cost is $50 per person. This includes Turf Club Admission and Program, seating at the Gold Cup Chef’s Table (along with a delicious buffet), and complimentary Valet Parking. Al- though Post Time is 7:00 pm, people can arrive as early as 5:30. The buffet opens at 6:30. First race is at 7:05 and the last race is at 10:30 pm. Attire is business casual (no shorts, cutoffs or t- shirts). A flyer with more details will be emailed soon.

    By the way, when you read that heading, did you think of the albums by Queen or the films by the Marx Brothers? Personally, I think of the Broadway show of the same name that I saw in the early 1980s.

    MAY MEETING

    WHO: Attorney Lisa Miller
    WHAT: Business Development for Small Firms on Less Than a Dollar a Day WHEN: May 17, 2011 at 6:00 pm
    WHERE: Truxton’s American Bistro

    8611 Truxton Avenue
    LA, CA 90045
    (Off Manchester Boulevard in Westchester)

    HOW: RSVP through Evite or email Mfate@aol.com WHY: Good Food

    Good Conversation MCLE Credit!! Knowledge

    2

    I GET MAIL

    From the Judicial Council of California, comes the following:

    1. Invitation to Nominate individuals for four Distinguished Service Awards, including the Ronald M. George Award for Judicial Excellence, the Judicial Administration Award, the Bernard E. Witkin Amicus Curiae Award and the Stanley Mosk Defender of Justice Award. June 1st is the deadline for nominations. For more information on the awards, go to www.courts.ca.gov/3048.htm and the nomination form is at www.courts.ca.gov/4675.htm .

    2. Invitation to Nominate individuals for the 2011 Advisory Committee. There are ac- tually 15 Committee Membership categories, including Access and Fairness; Appellate; Center for Judicial Education and Research; Civil Jury Instructions; Civil and Small Claim; Collabora- tive Justice Court; Court Executives; Court Interpreters; Court Technology; Criminal Jury In- structions; Criminal Law; Family and Juvenile Law; Legal Services Trust Fund Commission; Probate and Mental Health; and Traffic. The deadline to submit applications is June 30th. The nomination form can be completed online or downloaded from the California Court’s Web Site at http://www.courts.ca.gov/4650.htm.

    FOOD, GLORIOUS FOOD

    “Please sir, I’d like some more” is not just a line in the movie “Oliver.” It can also be a refrain heard from far too many children in Los Angeles County during the summer. A startling large number of children here in our own community would not have enough to eat were it not for the free lunches distributed in schools. And during the summer, when schools are closed, many will not have enough to eat. That’s where Food From the Bar comes in. Food From the Bar is a grass roots effort organized by the Los Angeles County Bar Association (LACBA) and Women Lawyers Association of Los Angeles (WLALA) to alleviate hunger in our community. It is a four week campaign (April 18th through May 14th this year) to encourage law firms and le- gal service organizations in Los Angeles contribute money, donate food, and volunteer time sort- ing and packing food at the Los Angeles Regional Food Bank. Last year’s campaign raised $350,000, 15,000 pounds of food and 549 volunteer shifts.

    At its May 5th meeting, the Board of CMBA voted to donate $250 to the effort. If you wish to donate money, volunteer time or food, please check out WLALA’s website at www.wlala.org. Also, check out this short video giving an overview of Food from the Bar: http://www.lafoodbank.org/source/Editorfile/Food_from_the_Bar.wmv

    3

    SO LONG, FAREWELL, AUF WIEDERSEHEN, ADIEU...

    ...Adieu to Yieu and Yieu and Yieu. Well actually, it’s goodbye to Board Member Yo- landa Copeland. Yolanda, who has been invaluable to the Board for the last few months, is moving to Georgia for a few years. Talk about the Devil going down to Georgia. (Can you be- lieve it - two song references in one paragraph. I’m on a roll). Anyway, I personally want to thank Yolanda for her hard work (and pleasant company) and wish her well on her new adven- ture.

    AND THE AWARD GOES TO

    On April 14, 2011, Board Member Gerry Sallus and I interviewed the candidates for the Culver Marina Bar Association’s Scholarship awarded to a student at the West Los Angeles Community College. The $500 Scholarship will be awarded to Sonya DeRose, who upon receipt of her Associates Degree in June 2011, will be continuing on at Pepperdine to obtain her BA. After that, Sonya plans to attend law school with the goal of becoming an entertainment lawyer. Sonya came highly recommended and from talking with her at the interview, I have no doubt that she will be successful.

    CALENDAR AT A GLANCE

    May 17, 2011 - Dinner and MCLE - Attorney Lisa Miller on Business Development for Small and Solo Practices

    May 23, 2011 - It’s Victoria Day so take a moment to sing “O Canada” (I swear next month, I’ll riff on movies)
    June 2, 2011 - Board of Directors Meeting at The Warehouse Restaurant
    June 21, 2011 - Dinner and MCLE (Candidates Forum)

    July 7, 2011 - Board of Directors Meeting at The Warehouse Restaurant July 8, 2011- Hollywood Park at 7:00 pm 



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