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Los Angeles Lawyer November 2013 FIC E S of L AW OF EXPERS EM THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION IANNU T AL WITNEG UIDE TO SS ES NOVEMBER 2013 / $4 EARN MCLE CREDIT PLUSPLUS RReaeall EEssttaatete TheThe PPububliclic inin PPrroobbaattee DefDefender’sender’s papaggee2277 CCententenniennialal ppagagee 6868 CCDDAA PPrrototectectionion fforor IISSPPss ppaaggee1133 LimitLimitiningg CConsumer CCllaassss ActActionions papaggee3322 TheThe iPiPadad Crossing atat TTririalal papagege 6644 Borders Los Angeles lawyer Jeff Dasteel and Natalia de la Parra Ferreiro discuss the risks that foreign attorneys face when representing clients in arbitrations in California page 18 • Rigorous standards • Tailored service • Prompt turnaround • Free initial consultations • Free resume book • Reasonable rates LOCALOFFICE Pro/Consul Inc. 1945 Palo Verde Avenue, Suite 200 Long Beach, CA 90815-3443 (562) 799-0116 • Fax (562) 799-8821 Hours of Operation: 6 a.m. - 6 p.m. [email protected] • ExpertInfo.com When there’s a lot to lose, we have a lot to offer. EXCLUSIVELY FAMILY LAW. THE ONLY NETWORK AN ATTORNEY NEEDS Your best referrals come from other lawyers. We host business development meetings exclusively for attorneys. With TEN, you can develop 50, 75, 100 or more of your peers as effective referral sources. Annual Membership: $450* New Members: 10% Discount through November 30 Become a member today at: www.TENesquire.com Over 20 monthly meetings, including: • Downtown LA • Sherman Oaks Specialty Groups • Pasadena • Encino • 2 Women’s Groups • Century City • Woodland Hills • Litigators Group • Hollywood • Westlake Village • Wine Tasting Group • Westwood • Beverly Hills • Business Lawyers • Ventura • Burbank • New Lawyers Group • Santa Clarita • Tarzana • Hiking Lawyers • Glendale • Golfing Lawyers www.tenesquire.com www.fb.com/tenesquire@esquirenetwork * Members may attend any or all meetings subject to space availability by RSVPing to the moderator. Discount Code: LALAW FEATURES 18 Crossing Borders BY JEFF DASTEEL AND NATALIA DE LA PARRA FERREIRO Foreign attorneys who represent parties in arbitrations in California risk criminal liability and nonpayment of fees 27 The Properties of Preemption BY RICHARD S. CONN The Probate Code’s mechanism for notice to creditors may provide protection against federal preemption Plus: Earn MCLE credit. MCLE Test No. 229 appears on page 29. 32 Questionable Classes BY KENNETH K. LEE California attorneys defending against dubious consumer class actions may seek removal to federal court 39 Special Section Semiannual Guide to Expert Witnesses Los Angeles Lawyer D E PARTMENTS the magazine of the Los Angeles County 9 Barristers Tips 64 Computer Counselor Strategies for success in professional How to use an iPad to manage and Bar Association networking present trial exhibits November 2013 BY TIFFANY J. HOWARD BY HEATHER E. STERN Volume 36, No. 8 10 Practice Tips 68 Closing Argument The fraud exception to the parol evidence Honoring 100 years of the Los Angeles COVER PHOTOGRAPH: TOM KELLER rule after Riverisland public defender BY RYAN J. BARNCASTLE AND KENNETH E. MOORE BY ALAN H. SIMON 13 Practice Tips 66 Index to Advertisers The CDA as a safe harbor for interactive computer service providers 67 CLE Preview BY SHELLY ROSENFELD LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August, by the Los Angeles County Bar Association, 1055 West 7th Street, Suite 2700, Los Angeles, CA 90017 (213) 896-6503. Periodicals postage paid at Los Angeles, CA and additional mailing offices. Annual sub- scription 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. 11.13 Judge Michael D. Marcus (Ret.) • “Daily Journal” Top 50 California Neutrals VISIT US ON THE INTERNET AT www.lacba.org/lalawyer 2007, 2009, 2010, 2011 & 2012 E-MAIL CAN BE SENT TO [email protected] • Super Lawyer, Dipute Resolution 2008-2013 EDITORIAL BOARD Chair Available to Mediate, Artitrate & Referee Disputes PAUL S. MARKS Including: Articles Coordinator • Employment • Legal Malpractice MARY E. KELLY • Business/commerican • Real Property JERROLD ABELES (PAST CHAIR) • Person Injury • Medical Malpractice K. LUCY ATWOOD ETHEL W. BENNETT Century City | Downtown LA | Orange County SCOTT BOYER (310) 201-0010 [email protected] ERIC BROWN www.marcusmediation.com CAROLINE BUSSIN PATRICIA H. COMBS CHAD C. COOMBS (PAST CHAIR) HON. MICHELLE WILLIAMS COURT ELIZABETH L. CROOKE BEN M. DAVIDSON AMERICAN LANGUAGE SERVICES GORDON K. ENG TRANSLATING & INTERPRETING ALL LANGUAGES DONNA FORD STUART R. 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WEINGARTEN STAFF Publisher and Editor (in memoriam) SAMUEL LIPSMAN Editor ERIC HOWARD Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director LINDA BEKAS Administrative Coordinator MATTY JALLOW BABY Copyright © 2013 by the Los Angeles County Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. Printed by R. R. Donnelley, Liberty, MO. Member Business Publications Audit of Circulation (BPA). The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing. 4 Los Angeles Lawyer November 2013 L AW OFFIC E S OF ALIS ON F . T RIES S L A CRIMINAL DEF ENS E P RACT ICE WWW.AL IS ONT R IE S S L L AW. CM O 15 300 VENT U RA B OU LEVARD, S U IT E 300 TELEP HONE (818) 990-2 033 S HERMAN OAK S, CA 91403 FACSIMILE (818) 990-5 5 31 F eb ru ary 1 0 , 2 0 1 3 T o wh om i t m ay c onc ern, M y nam e i s Ali son T ri essl. I am a c ri m i nal defense at t orney sp ec i ali zi ng i n m u rder, t h i rd st ri k e and dru g c ases. Wi t h ou t a dou b t , J ac k T ri m arc o’p s olyg rap h s h av e b een an i nv alu ab le asset t o m y p rac t i c e. I rec ent ly rep resent ed USTA T enni s offi c i al L oi s G oodm an wh o was ac c u sed of m u rderi ng h er h u sb and. Sh e di d not c om m i t t h e c ri m e and J ac k T ri m arc o’ s p olygap r h was i nst ru m ent al i n neg ot i at i ons wi t h t h e D i st ri c t At t orney wh i c h resu lt ed i n a di sm i ssal of all t h e c h arg es. Wh enev er I c onsi der wh et h er t o h av e a c li ent t ak e a p olyg rap h , t h ere i s only one nam e i n t h e c onv ersat i on – Jca k T ri m arc o. H i s lev el of c redi b i li t y, p rofessi onali sm , and ex p eri enc e i s u np aralleled i n t h e fi eld and g arners t h e resp ec t of p rosec u t ors and defense at t orneys ali k e. I h av e work ed wi t h M r. T ri m arc o for ov er t welv e years and si m p ly p u t , I adore h i m . N ot only i s h e t h e b est i n t h e fi eld, h e i s an ab solu t e p leasu re t o work wi t h . H e i s a h ardwork i ng , dedi c at ed p rofessi onal wi t h u nq u est i oned q u ali fi c at i ons and i nt eg ri t y. Warm reg ards, Ali son T ri essl JACK TRIMARCO POLYGRAPH, INC. When you need to impress someone with the truth... JACK TRIMARCO CA P.I. # 20970 Former Polygraph Unit Chief, F.B.I. - Los Angeles (1990-1998) Former Dept. of Energy Inspector General - Polygraph Program (1999-2001) 9454 Wilshire Beverly Blvd., 6th Floor Hills, CA 90212 (310) 247-2637 [email protected] JACK TRIMARCO & ASSOCIATES A proud member of the Los Angeles County Bar Associationwww.jacktrimarco.com Los Angeles Lawyer November 2013 5 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION Law Firms 4 Sale We Collect Attorney Fee 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2553 Judgments Telephone 213.627.2727 / www.lacba.org Want to retire? Want to plan LACBA OFFICERS ZERO COSTS and ZERO RISK and President for your life after law! We only get paid if we collect! PATRICIA EGAN DAEHNKE See Ed Poll’s website Buffer yourself from State Bar Complaints and President-Elect www.lawbiz.com for the tools free up your time to do what you do best.
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