Los Angeles Lawyer June 2007 Free Package Pickup Rules
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2007 Lawyer-to-Lawyer Referral Guide June 2007 / $4 Advice and EARN MCLE CREDIT Consents Los Angeles lawyer Diane Karpman analyzes the enforceability of advance consents page 23 PLUS Electronic Service Providers page 13 Licensing Issues in New Media page 17 Blogosphere Scams page 32 What’s the only integrated solution that includes research, client development and practice management so it’s easier for your firm to reach new levels of excellence? New ... LexisNexis Practice Advantage™ From LexisNexis® Total Practice Solutions Take your firm to the highest level of excellence in the business and practice of law with the new LexisNexis Practice Advantage integrated solution. 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CA Insurance License #: 0795465 4B1BB006 3,[email protected]+657(@:(;;,5;065 ([:[VULÄLSK1VZLWOZVU^LZLL[OLIPNWPJ[\YL ^OPSL UL]LY SVZPUN ZPNO[ VM [OL WLYZVU ZP[[PUN HJYVZZ[OL[HISL·`V\ 6\Y M\SSZLY]PJL JLY[PMPLK W\ISPJ HJJV\U[PUN MPYT ZLY]LZ W\ISPJ HUK WYP]H[LS` OLSK JSPLU[Z [OYV\NOV\[ [OL <UP[LK :[H[LZ HUK PU[LYUH[PVUHSS`° >L WYVTPZL V\Y [OV\NO[M\S H[[LU[PVU [V `V\Y ULLKZ·JHSS \Z MVY H JVTWSPTLU[HY`TLL[PUN[VKPZJ\ZZ`V\YZP[\H[PVU (ZZ\YHUJLHJJV\U[PUN )\ZPULZZJVUZ\S[PUN ¶7YVÄ[LUOHUJLTLU[ ,_LJ\[P]LZLHYJO ¶-PUHUJLZV\YJPUN 7\ISPJJVTWHUPLZZLY]PJLZ ¶4LYNLYZHUKHJX\PZP[PVUZ ¶-HTPS`V^ULKI\ZPULZZPZZ\LZ ;H_ZLY]PJLZ ¶:\JJLZZPVUWSHUUPUN =HS\H[PVUSP[PNH[PVUZ\WWVY[ ¶,_LJ\[P]LPUJLU[P]LJVTWLUZH[PVU HUKMVYLUZPJZLY]PJLZ ¶)\ZPULZZWSHUZHUKI\KNL[PUN ^^^ZQHJJV\U[PUNJVT /RV$QJHOHV2UDQJH&RXQW\6DQ)UDQFLVFR(DVW%D\6LOLFRQ9DOOH\+RQJ.RQJ WROOIUHH 6WRQH¿HOG-RVHSKVRQ,QF 3KRWRJUDSK\-RKQ/LY]H\ FEATURES 23 Advice and Consents BY DIANE KARPMAN The enforceability of advance consents depends in large measure on their specificity and the sophistication of the client Plus: Earn MCLE legal ethics credit. MCLE Test No. 160 appears on page 25. 32 Pollution in the Blogosphere BY JEFFREY D. GOLDMAN AND ERIC J. GERMAN The explosive growth of blogs has led to yet more techniques for online scamming 39 Special Section 2007 Lawyer-to-Lawyer Guide DEPARTMENTS Los Angeles Lawyer 10 President’s Page 46 Computer Counselor Overcoming e-discovery challenges with the magazine of Time’s up BY CHARLES E. MICHAELS new technologies The Los Angeles County BY RAMANA VENKATA AND MICHAEL A. GEIBELSON Bar Association 12 Barristers Tips Building a successful mentoring 52 Closing Argument June 2007 relationship First thing, let’s jail all the lawyers Volume 30, No. 4 BY GAVIN HACHIYA WASSERMAN BY KEITH PAUL BISHOP 13 Practice Tips 49 Classifieds The advantages of using electronic 50 Index to Advertisers COVER PHOTO: TOM KELLER service providers BY WAYNE G. NITTI 51 CLE Preview 17 Practice Tips How licensing issues are affecting recent media developments 06.07BY DOMINIQUE R. SHELTON ARBITRATION and MEDIATION LosAngelesLawyer ALL TYPES OF DISPUTES BETWEEN INDIVIDUALS AND COMPANIES VISIT US ON THE INTERNET AT www.lacba.org/lalawyer International Trade Disputes • Discovery • Accounting and Financial E-MAIL CAN BE SENT TO [email protected] Statement issues and disputes • Corporate and small business marketing issues and disputes • Human Resource issues, and disputes between EDITORIAL BOARD large corporations and small companies • Contract disputes of all kinds • Chair Homeowner Associations disputes and issues • Domestic and partnership JACQUELINE M. REAL-SALAS relationship disputes including divorce Articles Coordinator ALL REAL ESTATE, INCLUDING: Evaluations • Contracts • Zoning • Development • Construction • Secondary CHAD COOMBS Marketing • Borrowers/Lenders • Residential Escrows • Residential • Commercial • Apartments • Lending • Contracts JERROLD ABELES Thirty years as CEO, including a nationwide company. Eight years as an Arbitraitor DANIEL L. ALEXANDER HONEY KESSLER AMADO ■ DAVID W. D RESNICK, PRESIDENT ARBITRATOR/MEDIATOR ETHEL W. BENNETT tel: 818-790-1851 • fax: 818-790-7671 • e-mail: [email protected] • www.mediationla.com R. J. COMER ANGELA J. DAVIS KERRY A. DOLAN GORDON ENG ERNESTINE FORREST Need help deciding between a putter STUART R. FRAENKEL MICHAEL A. GEIBELSON TED HANDEL and a wedge? JEFFREY A. HARTWICK STEVEN HECHT LAWRENCE J. IMEL SCOTT KLOPERT JOHN P. LECRONE PAUL MARKS SEAN MORRIS ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. DENNIS PEREZ GARY RASKIN DAMON RUBIN KURT L. SCHMALZ DAVID SCHNIDER HEATHER STERN GRETCHEN D. STOCKDALE TIMOTHY M. STUART Get NITA training and make the KENNETH W. SWENSON CARMELA TAN BRUCE TEPPER right decisions, every time. PATRIC VERRONE MICHAEL WISE STAFF Publisher and Editor SAMUEL LIPSMAN Senior Editor Deposition Skills LAUREN MILICOV Senior Editor August 2–4 • 21 CLEs ERIC HOWARD Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Deposing the Expert Witness Advertising Director LINDA LONERO August 5 • 5 CLEs Account Executive MARK NOCKELS Marketing and Sales Coordinator VICTORIA PUA Chapman University • Orange, CA Advertising Coordinator WILMA TRACY NADEAU Register for both and save $245 Administrative Coordinator MATTY JALLOW BABY LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a To register: www.nita.org/CCDP combined issue in July/August and a special issue in the fall, 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 877.648.2632 offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; single copy price: $4 plus handling. Get $100 off - use code CCDPAD online or by phone 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 © 2007 by the Los Angeles County Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. Printed by Banta Publications Group, Liberty, MO. Member Business Publications National Institute for Audit of Circulation (BPA). National Institute for The opinions and positions stated in signed material are those of the authors Trial Advocacy Advocacy and not by the fact of publication necessarily those of the Association or its mem- bers. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing. 4 Los Angeles Lawyer June 2007 Free Package Pickup rules. Because frankly, I can’t afford to send 50% of our staff to the Post Offi ce.™ We’re pretty much chained to our desks here. So this Free Package Pickup is huge. Betty picks up our packages on her stop and gets them right in the mail. Packages go. We stay. Click usps.com/smallbiz to learn more. Available with Express Mail,® Priority Mail,® and International services. Visit usps.com/smallbiz for terms. ©2007 United States Postal Service. Eagle symbol and logotype are registered