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2002 California State Bar Meeting PULLOUT SECTION

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2002 California State Bar Meeting PULLOUT SECTION LACBA 2002-03Directory 2002 California State Bar Meeting PULLOUT SECTION OCTOBER 2002, VOL.25, NO.7 / $3.00 Los Angeles lawyers EARN MCLE CREDIT Mark Mermelstein and Judicial Joel M. Athey offer Review of strategies for dealing with witnesses who invoke Arbitration the Fifth Amendment Decisions in civil cases page 35 page 28 Contractual Attorney’s Fees In the Fifth page 12 Distinguishing Dimension Dicta page 17 Offers to Compromise page 22 L EXISN EXIS AND THE L OS A NGELES C OUNTY B AR A SSOCIATION WORKING TOGETHER TO SUPPORT THE LEGAL PROFESSION N O MATTER WHAT THE SIZE OF YOUR FIRM, YOU GAIN STRENGTH IN NUMBERS AS A MEMBER OF THE L OS A NGELES C OUNTY B AR A SSOCIATION. Count on gaining not just the support of the Los Angeles County Bar Association, but LexisNexis as well. By working together, we’re able to offer special benefits to members of the Los Angeles County Bar Association. We realize that the strength of your research is one of your biggest professional advantages. Now putting the best research on the table is easier because LexisNexis offers a selection of online research packages exclusively through the Los Angeles County Bar Association. You can choose from bar member flat rates or pay as you go. New attorneys get a real break right when they need it the most with discounts up to 75% for their online subscriptions. Check out our Special Bar Member Benefits by calling 866.836.8116. See how we make the numbers count. LexisNexis and the Knowledge Burst logo are trademarks of Reed Elsevier Properties Inc., used under license. © 2002 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL4460 Aon Insurance Solutions A benefit of the Los Angeles County Bar Association! one-stop shopping…one broker… one call to protect your career… your practice…your family… at competitive rates for lacba members We’re SPECIALISTS in attorneys’ unique insurance needs. We offer HIGHLY COMPETITIVE RATES on both professional and personal protection including: • Attorneys’ Advantage® Professional Liability Insurance • Employment Practices Liability Insurance • Workers’ Compensation Insurance • Businessowners Insurance • Life & Health Insurance • Long Term Care Insurance • Auto, Home and Personal Umbrella Insurance We have the experience, the underwriters, and the products. So whether you need information on a particular plan or a NO-OBLIGATION QUOTE to compare with your present coverage, contact Aon Insurance Solutions at: Telephone: 800.634.9177 Fax: 800.977.1112 Web site: www.aonsolutions.com Aon Insurance Solutions is sponsored by the Los Angeles County Bar Association. The broker/administrator, Aon Direct Insurance Administrators, is part of Aon Corporation, a worldwide leader in insurance brokering 4K0AC002 and consulting and a Fortune 500 company. CA License #0795465 What can an attorney learn from a fish? It was a day for big catches. Both the fish – and the fisherman. A search of the Alaska Fish & Game Licenses on LexisNexis revealed the fisherman’s current address. A summons could now be served. Surprisingly, one of the most reliable sources for honest information is a hunting and fishing license. Applicants almost universally seem to let down their guard. Perhaps they think no one will look up such an arcane document. They have no way of knowing that the fast, intuitive LexisNexis™ total research system offers you the Web’s most extensive collection of public records – including a few among the 1.9 billion that some might call arcane. It’s just one more example of how our service goes beyond cases and codes so that attorneys have a sporting chance. The LexisNexis total research system — It’s how you know. *For your free trial on the LexisNexis total research system go to www.lexisnexis.com/freeweek/ or call 877-810-5324. *The LexisNexis total research system “free trial offer” is available to law firms in the United States who do not subscribe to the LexisNexis online services as of 8/1/2002. Additional restrictions may apply. Current LexisNexis customers should contact their account representative for information. LexisNexis and the Knowledge Burst logo are trademarks of Reed Elsevier Properties Inc., used under license. It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. © 2002 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. AL4806 page 28 Contents Los Angeles Lawyer departments The Magazine of the 12 Practice Tips How prevailing parties may obtain Los Angeles County contractual attorney’s fees Bar Association By Donald P. Wagner and Megan L. Wagner October 2002 17 Practice Tips Vol. 25, No. 7 The distinction between judicial dicta and obiter dicta By Robert G. Scofield cover 22 Practice Tips Making effective use of Section 998 offers to compromise By Frank E. Marchetti and Eric A. Schneider 43 Ethics Opinion No. 508 Insurance coverage—contacting a defendant’s insurer 45 Computer Counselor Using antivirus strategies to protect features law firm data By Benjamin Sotelo and James Gillen 28 In the Fifth Dimension 47 By the Book Motions to delay or even retake a deposition can resolve the The Truth about Lying Reviewed by Elizabeth J. Church dilemma that frequently arises when a critical witness invokes the Fifth Amendment in a civil lawsuit columns By Mark Mermelstein and Joel M. Athey Mark Mermelstein (left) and 11 Barristers Tips Joel M. Athey are associates in Writing motions for summary judgment 35 Uncertain Appeal the litigation practice group By Rebecca Woodson Neither federal nor state courts have rendered a final ruling on and the business crimes and 52 Closing Argument the enforceability of expanded judicial review provisions in Educating clients on ADR arbitration agreements investigations practice group alternatives By Robert F. Cochran Jr. in the Los Angeles office of By Ronald M. Greenberg Plus: Earn MCLE credit. MCLE Test No. 109, Gibson, Dunn & Crutcher. In 10 Letters to the Editor sponsored by West, begins on page 39. their article, “In the Fifth 49 Classifieds Dimension,” they describe the 50 Index to Advertisers problems posed when an 51 CLE Preview important witness asserts the Fifth Amendment privilege in a civil proceeding. It begins on page 28. Cover photo: Tom Keller LosAngelesLawyer VISIT US ON THE INTERNET AT www.lacba.org/lalawyer Southland E-MAIL CAN BE SENT TO [email protected] EDITORIAL BOARD Chair Knows You Better ABILIO TAVARES JR. (In Memoriam) Chair Pro Tem With many financial institutions to choose from, it’s sometimes STEVEN HECHT hard to determine who has your best interests in mind. While most Articles Coordinator offer competitive rates and a wide array of financial products, odds JERROLD ABELES DANIEL L. ALEXANDER are you’ll just become another account number. HONEY KESSLER AMADO LINDA A. BURROWS ROBERT J. COMER At Southland Credit Union, everything we do revolves around CHAD C. COOMBS KEITH E. COOPER our Members. How can you be sure? Because as a not-for-profit ANGELA J. DAVIS financial institution, we think of you first – we don’t have HEATHER DAVIS KERRY A. DOLAN stockholders to worry about. Our only concern is providing GORDON ENG JENNIFER E. FISHER you with the best financial services around: JOSEPH S. FOGEL MICHAEL E. FOX ■ STUART R. FRAENKEL 24-Hour Southland eBranch JOHN M. GALLAGHER J. SUSAN GRAHAM Manage your finances online whenever you want DEAN HANSELL from the comfort of your home or office. KATHERINE M. HIKIDA MAURICE SYLVAN KANE JR. JEFFREY ERIC LANGAN ■ No-Fee Southland ePay JOHN P. LECRONE HYACINTH E. LEUS Pay your bills electronically. With Southland ePay, your PAUL MARKS PHILIP S. MILLER payments will always be on time, with peace of mind. ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. ■ ® KAREN NOBUMOTO Southland Visa Check Card DENNIS PEREZ Accepted at over 21 million locations worldwide. GERALD F. PHILLIPS EDWARD POLL The purchase is simply deducted from your GARY RASKIN JACQUELINE M. REAL-SALAS Southland Checking Account. SUE CAROL ROKAW KURT L. SCHMALZ ■ JACOB STEIN Loans R. BRUCE TEPPER JR. Great rates for Vehicle Loans, Home Loans and everything PATRIC VERRONE MARIA D. VILLA in between. We have the right loan for your needs. JOEL B. WEINBERG ■ STAFF Direct Deposit Publisher and Editor Never leave your office, have your paycheck directly deposited SAMUEL LIPSMAN into your Southland Checking or Savings Account. Senior Editor LAUREN MILICOV JOMIE ■ Associate Editor Plus So Much More! ERIC HOWARD Art Director LES SECHLER Once your Membership is established, your family is eligible Director of Design and Production for Membership. If you’re an employer, you can offer the benefits PATRICE HUGHES Advertising Director of a Southland Credit Union Membership to your employees LINDA LONERO as well. Just ask us how. Account Executive MARK NOCKELS Advertising Coordinator Don’t become just another customer. Enjoy the benefits of a Southland WILMA TRACY NADEAU Credit Union Membership today. For more information, go to Administrative Coordinator MATTY JALLOW BABY www.southlandcu.org or call (800) 426-1917 for further assistance. LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August, by the Los Angeles County Bar Association, 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213) We Do Business In 896-6503. Periodicals postage paid at Los Angeles, CA and additional Accordance With the mailing offices. Annual subscription price of $14 included in the Federal Fair Housing Association membership dues. Nonmember subscriptions: $28 annually; Law and the Equal Credit Opportunity Act single copy price: $3 plus handling. Address changes must be submitted six weeks in advance of next issue date. POSTMASTER: ADDRESS SERVICE REQUESTED. Send address changes to Los Angeles Lawyer, P.O. Box 55020, Los Angeles CA 90055. Copyright ©2002 by the Los Angeles County Bar Association.
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