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Litigation Support • Expert Witness Forensic Accountants • Family Law Matters Business Valuations • Loss of Earnings • Damages

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Litigation Support • Expert Witness Forensic Accountants • Family Law Matters Business Valuations • Loss of Earnings • Damages VOLUME 15 • ISSUE 1 • MARCH 2008 A Publication of the San Fernando Valley Bar Association In This Issue MANDATORY FEE ARBITRATION PROGRAM A YEAR IN REVIEW ANGELA M. HUTCHINSON, EDITOR After just one year of operation, the San that attorneys and clients deserve a forum Fernando Valley Bar Association Mandatory where they can obtain an objective decision to President’s Message ..........................3 Fee Arbitration (MFA) program has surpassed close a case. Sankary says, “What I discovered expectations. Of the 34 cases opened, 17 is that the program is definitely a win-win cases have been resolved professionally, with situation for the consumer and the attorney. Court Clerks Share Observations......5 minimal complaints. Typical case topics The bar association is providing a very include family law, civil, immigration, beneficial service to the community.” Valley Pro Bono Team........................7 contract, criminal and real property matters. For individuals interested in participating Wins Jury Trial Case fee disputes have ranged from in the MFA program as a lawyer arbitrator, under $1,000 to more than $2 million. applicants must have been admitted to As a result, the MFA program has sustained practice law a minimum of five years and Subleasing Survivor’s Guide ............9 itself financially. The revenue generated from must have an office in Los Angeles or case filing fees allowed the SFVBA to hire a Ventura County. To serve as a lay arbitrator, part-time Programs Assistant to administer applicants cannot have ever been an active or 2008 Problem Gambling ................11 the program in January. inactive member of any state bar. Also, a lay Awareness Week “We have received positive feedback from arbitrator must have neither worked regularly all parties, including our arbitrators. I for a public or private law office or practice, Staff Profiles ....................................13 consider the program to be a valuable public court of law, nor attended law school for any service. It allows our MFA volunteers to period of time. Prior to being selected as an act as a judge for the day, network with one arbitrator, both lawyer and lay arbitrators New Members ..................................14 another, and become familiar with the fee must attend a 3-hour comprehensive fee arbitration process,” says Aileen Jimenez, arbitration program, sponsored by an SFVBA staff. “Often, we receive sincere established bar association. Valley Community ..........................15 appreciation from all involved parties, “The qualities of a good arbitrator require Legal Foundation regardless of the outcome.” one to be a good listener, to always give the Fee arbitration is mandatory for a lawyer appearance of fairness in whatever they say or Santa Clarita Valley Bar ..................17 if the client elects to have the dispute resolved do, and to carefully consider the information Association through any State Bar recognized MFA provided by both sides,” says Sankary. “It is program. The purpose of the program is to also important for arbitrators to understand allow a client to resolve fee disputes with his attorney-client fee agreements, examine the Classified Ads ..................................19 or her attorney efficiently and without the documentation, perform research when expense of hiring another attorney, or to necessary, and be familiar with the arbitration avoid going through the formal court process. advisories, which is a manual of opinions U.S. Bankruptcy Court....................20 Once a case has been accepted by the program written by arbitration experts of the state.” Public Notice and filing fees have been received, a neutral In terms of future growth, Executive arbitrator is assigned to the case. The Director Liz Post says, “I would like to reach arbitrator’s role is to decide the appropriate out more to our members this year to educate amount of attorney's fees for professional and encourage them to list the San Fernando services. It is essential for the arbitrator(s) to Valley Bar Association as their program of remain neutral throughout the course of the choice in their fee agreements and Notice of Calendar of Events case, to ensure both the attorney and client Client's Right to Arbitration. Another goal is receive a fair decision and award if applicable. to expand the pool of arbitrators who practice Page 23 Chair Myer Sankary became involved continued on page 6 with the MFA program because he believes 2 • Bar Notes www.sfvba.org March 2008 March 2008 www.sfvba.org Bar Notes • 3 SAN FERNANDO VALLEY BAR ASSOCIATION 21250 Califa Street, Suite 113 SUE M. BENDAVID, SFVBA PRESIDENT Woodland Hills, CA 91367 Phone (818) 227-0490 When I first began practicing law We all recognize this is not Fax (818) 227-0499 www.sfvba.org over 17 years ago, it was apparent even something we can change overnight. Editor then that firms had to grapple with the But, we can move in the right direction. Angela M. Hutchinson critical problem of a lack of diversity The State Bar noted that diversity is one among lawyers. When I later joined of its “key strategies.” In a recent report, BOARD OF TRUSTEES the firm’s “diversity committee,” we the State Bar stated that one of its President ............................Sue Bendavid President-Elect ..................Tamila Jensen understood diversity involved more than strategies is to “encourage individuals of Secretary ............................Robert Flagg just recruiting and retaining minorities. diverse populations to seek and qualify Treasurer ..................Seymour I. Amster It made good business sense as well. for admission to the practice of law in Past President ..............Patricia McCabe Executive Director ..........Elizabeth Post Many of our clients preferred (and some California, and, once admitted, to TRUSTEES even demanded) that their counsel have remain in active practice.” Chancela Al-Mansour Leonard J. Comden strong diversity policies and hiring and So, what are we, as Valley lawyers, Matt Crowley Ronald Gold retention practices. doing to support this “key strategy?” Adam D.H. Grant David Gurnick Wendy Hartmann Tamiko Herron Today, the legal profession is still Under the leadership of past Bar Steven G. Mehta Everett Meiners battling this issue. Though there has president Richard Lewis, our Diversity Sanford L. Michelman Vahid Naziri been much talk about diversity, there’s Committee met and strategized about Caryn Brottman Sanders Jan Frankel Schau Alan J. Sedley been little action and far less success. several action items, including meeting STAFF This is true whether we look at attorneys with high schoolers in minority practicing law in California, or in the communities to introduce them to the Director of Public Services ................................Rosita Soto ranks of our judicial officers. concept of working in the legal Referral Coordinator ..........Gayle Linde According to a 2001 survey from our profession. We are also considering Referral Coordinator ..........Lucia Senda Referral Coordinator ......Aileen Jimenez State Bar, 53% of our state residents partnering with other organizations to Events Coordinator ..........Linda Temkin are persons of color. In contrast, only promote this idea. Programs Assistant ....Angela Hutchinson 17% of California lawyers are persons Many of our local judges also SECTION CHAIRS of color. And, women lawyers only consider the lack of diversity on the ADR ........................................Alan Saler Lyle Greenberg comprise 32% of the profession and bench a critical problem. They too Business Law......................Steven R. Fox attorneys with disabilities are only 4%, recognize the severe disparity between Criminal Law ................Seymour Amster Louisa Pensanti compared to 50.2% and 17.4% of our those on the bench and the public they Family Law ............Rhonda Rauch Miller state residents, respectively. What these serve. In an effort to reach out to the Ellen Friedman Tinero numbers reflect is that while there has community, our local courts created a Intellectual Property, Entertainment & Internet Law ..............Mishawn Nolan been some improvement over the past 17 Community Outreach Committee which Litigation ........................David Gurnick years, we’re far from being in good has been discussing the development New Lawyers........................Vahid Naziri Probate & Estate shape. continued on page 12 Planning ......................Wendy Hartmann David Coleman Small Firm & Sole Practitioner..........Lisa Lerner Miller SALLY JACKSON RN, CLNC Women Lawyers ............Roxanna B. Kaz Certified Legal Nurse Consultant Workers’ Comp.............William Kropach 30 Years Experience in Emergency and Critical Care Bar Notes is published 11 times a year. WE KNOW WHERE TO DIG Articles, announcements, and advertisements are due by the first day of the month prior to COMPLETE CONSULTATION SERVICES the publication date. The articles in Bar Notes MEDICAL RECORD are written for general interest and are not Screening and Evaluation with Full Research and Reports meant to be relied upon as a substitute for Covering all Areas; Duty, Negligence, Injuries, Damages And Causation (All Specific to Standards of Care) independent research and independent EXPERT WITNESS • AND WITNESS LOCATION verification of accuracy. Medical Experts who can Support your Case with Authoritative and Unbiased Testimony Layout & Design INCREASING CASE LOAD??? Pre-press & Printing RATE REDUCTIONS AVAILABLE FOR MULTIPLE CASES Master Graphics Printing
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