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November 2004 / $4 Semiannual Guide to Expert Witnesses November 2004 / $4 EARN MCLE CREDIT PITFALLS IN SECTION 998 OFFERS page 29 Unauthorized Entry Los Angeles lawyers Deborah A. Kelly and Fernando Gaytan discuss the dangers of UPL page 22 PLUS Private Annuities page 12 Willful Copyright Infringement page 18 Credit Bureau Liability page 36 New! Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California Richard B. Kendall, the Honorable Richard Seeborg, Mary Jo Shartsis, and the Honorable Fern M. Smith Shining a new light on Practice Guides in California. The Matthew Bender® Practice Whether you prefer to conduct your research in print, online—or both—you’ll find the thorough and Guide series is growing... complete analyses you need with the Matthew Bender Practice Guide series. Authored by leading FEDERAL PRETRIAL CIVIL California litigators and judges, Matthew Bender Practice Guides are updated twice a year to keep PROCEDURE IN CALIFORNIA you current. Each title provides extensive checklists and forms, as well as cross-references to other CALIFORNIA PRETRIAL valuable content such as California Forms of Pleading and Practice, Moore’s Federal Practice®, and CIVIL PROCEDURE Paul R. Kiesel, the California Official Reports. In addition, you’ll find easy-to-recognize symbols that highlight traps, the Honorable Peter D. Lichtman, warnings, strategic points, and timing. Watch for new titles that cover additional practice areas as the Edith R. Matthai, and Richard L. Seabolt series expands. For research results that stand alone, experience the power of a practice guide in both CALIFORNIA CIVIL DISCOVERY online and print with the Matthew Bender Practice Guide series. Paul R. Kiesel, the Honorable Peter D. Lichtman, Edith R. Matthai, Richard L. Seabolt, and the Honorable Evelio M. Grillo For more information about the Matthew Bender Practice Guides for California, CALIFORNIA LANDLORD- call 877.810.5324. TENANT LITIGATION Andrew Westley, Michael J. Saltz ...with more on the way! A MEMBER BENEFIT OF LexisNexis and the Knowledge Burst logo are registered 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. Matthew Bender is a registered trademark of Matthew Bender Properties Inc. Moore’s Federal Practice is a registered trademark of Matthew Bender & Company, Inc. AL7455 © 2004 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. RAISE THE BAR. DISCOUNTS FOR FRIENDS OF THE COURT. Nextel has tools to help you get things done faster. In court or on the road. And now, members of the Los Angeles County Bar Association get discounts on all Nextel® phones, rate plans and accessories. International Law Only Nextel® walkie-talkies are international. With the walkie-talkie built into every Nextel phone, including the i830 and the BlackBerry 7510™, you can connect in under a second to Canada, Mexico, Argentina, Brazil and Peru. And when you’re traveling in those countries, you can connect to the United States just as quickly. All for a fraction of the cost of an international cellular call. You can even access BlackBerry 7510TM your email while you’re abroad. NextMailSM Send voice attachments to up to 30 recipients anywhere in the world – instantly. Document meetings or send instructions to associates. With NextMailSM, your voice travels with the push of one button. No dialing. No typing. Dictation goes straight to their email address. Split Billing Maintain control over billing. You can split BlackBerry® email charges from cellular and walkie-talkie charges, so there are separate bills for the firm and the associate. For special discounts, call 866-805-9890 (reference MLSAB) or visit nextel.com/lacba. i830 Nextel is a proud sponsor of the Los Angeles County Bar Association. National Free Incoming Plan: Free Incoming calls are calls received while in the U.S. on Nextel’s Nationwide Network. Free Nationwide Long Distance includes domestic calls only. Unlimited Direct Connect minutes are included in your local calling area only and do not include Group Connect calls, which are $0.15/min. Nationwide Direct Connect calls use the Direct Connect minutes in your plan and incur an additional access charge of either: (i) $0.10/min. multiplied by the number of participants on the call; or, (ii) a monthly flat fee if you sign up for Unlimited Nationwide Direct Connect access. Nationwide Direct Connect calls are charged to the call initiator. Group Connect charges are calculated by multiplying the minutes of use, number of participants a nd the applicable rate. Group Connect can only work with members of the same network while in their home market. Nationwide service is not available for Group Connect calls. Cellular overage is $0.40/min. Cellular calls round to the next full minute. Unused minutes do not accumulate to the next billing cycle. Nights are 9:00pm to 7:00am. Weekends begin Fri. at 9:00pm and end Mon. at 7:00am. Up to $0.15 per sent or received text message depending on message type. Wireless 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 your number(s) will vary. Nextel’s Nationwide Network serves 296 of the top 300 markets. ©2004 Nextel Communications, Inc. NEXTEL, NEXTEL. DONE., DIRECT CONNECT, GROUP CONNECT, NATIONWIDE DIRECT CONNECT NextMail and the Driver Safety logo are service marks, trademarks, and/or registered trademarks owned by Nextel Communications, Inc. MOTOROLA and the Stylized M Logo are registered in the U.S. Patent & Trademark Office. The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties of and trademarks or 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. November 2004 Vol. 27, No. 8 FEATURES 22 Unauthorized Entry BY FERNANDO GAYTAN AND DEBORAH A. KELLY Practitioners need to be wary of their relationships with individuals who are not authorized to practice law in California 29 Bad Compromises BY JUDITH ILENE BLOOM Ambiguity over the right to correct drafting errors and what constitutes a reasonable offer has undermined the effectiveness of Section 998 Plus: Earn MCLE Credit. MCLE Test No. 131 appears on page 31. 36 Faith and Credit BY ROBERT F. BRENNAN A careful reading of the Federal Credit Reporting Act makes clear that it does not preempt California’s credit reporting law 44 Special Section Semiannual Guide to Expert Witnesses The magazine of The Los Angeles County Bar Association LosAngelesLawyerDEPARTMENTS 10 Barristers Tips 80 Computer Counselor Compelling arbitrations and confirming an Considering the utility of digital pens arbitration award BY GORDON K. ENG BY WENDY L. WILCOX AND THOMAS H. SCHELLY 84 Closing Argument 12 Tax Tips Judging at the Games The use of private annuities in estate and BY ROBERT L. BASTIAN JR. tax planning BY F. BENTLEY MOONEY JR. 77 Classifieds 18 Practice Tips 82 Index to Advertisers Proving willfulness in copyright infringement actions 83 CLE Preview BY FREDERICK F. MUMM Cover photograph by Tom Keller 78 LACB Foundation 2003-2004 Fund Drive Results DAVID OSTROVE ■ ATTORNEY–CPA LosAngelesLawyer • Expert Witness — 43 years VISIT US ON THE INTERNET AT http://www.lacba.org/lalawyer • Lawyer/Accountant Malpractice E-MAIL CAN BE SENT TO [email protected] • Forensic Accounting EDITORIAL BOARD • Tax Matters Chair GARY RASKIN • Business Valuation Articles Coordinator • Value of Services R. J. COMER • Computation of Damages JERROLD ABELES ELAINE R. ABBOTT • Mediator, Arbitrator DANIEL L. ALEXANDER HONEY KESSLER AMADO ETHEL W. BENNETT 323/939-3400 [email protected] CHAD C. COOMBS KEITH E. COOPER ANGELA J. DAVIS KERRY A. DOLAN GORDON ENG A PUBLIC SPEAKING WORKSHOP FOR LAWYERS DANIEL A. FIORE JOSEPH S. FOGEL STUART R. FRAENKEL sm MICHAEL A. GEIBELSON Mastering the Art of Public Speaking TED HANDEL Because your abilities as a lawyer are measured by your skills as a speaker! DEAN HANSELL JEFFREY A. HARTWICK STEVEN HECHT To Enroll or Get More Information KATHERINE M. HIKIDA 3-Week Course – 12 Hours of MCLE ROXANNE HUDDLESTON Tuesday & Thursday Evenings Contact the Trial Advocacy Group LAWRENCE J. IMEL JOEL T. KORNFELD 6 to 8 p.m. in Downtown Los Angeles (213) 994-7042 JOHN P. LECRONE HYACINTH E. LEUS February 1, 3, 8, 10, 15 & 17, 2005 [email protected] PAUL MARKS ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. The Trial Advocacy Group is a State Bar of California approved MCLE provider and DENNIS PEREZ certifies that this activity has been approved for MCLE credit by the State Bar of California GERALD F. PHILLIPS THADDEUS M. POPE JACQUELINE M. REAL-SALAS SUE CAROL ROKAW KURT L. SCHMALZ DAVID SCHNIDER GRETCHEN D. STOCKDALE KENNETH W. SWENSON CARMELA TAN BRUCE TEPPER PATRIC VERRONE STAFF Publisher and Editor SAMUEL LIPSMAN Senior Editor LAUREN MILICOV Senior Editor ERIC HOWARD Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director LINDA LONERO Account Executive MARK NOCKELS Advertising Coordinator WILMA TRACY NADEAU Administrative Coordinator MATTY JALLOW BABY 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) 896-6503. Periodicals postage paid at Los Angeles, CA and additional mailing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; single copy price: $4 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 ©2004 by the Los Angeles County Bar Association. All rights reserved.
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