Protecting Clients and Counsel Against Metadata Leaks Guidepost
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NOVEMBER 2009 • $4 A Publication of the San Fernando Valley Bar Association Protecting Clients and Counsel Against Metadata Leaks Earn MCLE Credit 22 Ways for Attorneys to Use Twitter Courtroom Etiquette for New Lawyers Guidepost for New Bankruptcy Attorneys Permit No. 348 No. Permit Canoga Park, CA CA Park, Canoga US Postage Paid Postage US STD PRSRT www.sfvba.org The Power You Need The Personal Attention You Deserve BUSINESS PRACTICE AREAS (Transactions & L itigation) CONSUMER PRACTICE AREAS Corporations/Partnerships/LLCs Intellectual Property, Family Law Commercial Finance Licensing &Technology Personal Injury/Products Liability Employment Land Use/Development Tax and Estate Planning Environment Mergers/Acquisitions Probate Litigation/Will Contests Equipment Leasing Real Estate Finance/Leasing/Sales/ Franchising Acquisitions Health Care Tax Planning Protecting You. Protecting Your Business. 16633 Ventura Boulevard, 11th Floor Encino, California 91436-1865 (818) 990-2120 Fax: (818) 981-4764 www.lewitthackman.com 2 Valley Lawyer n NOVEMBER 2009 www.sfvba.org Contents A Publication of the San Fernando Valley Bar Association FEATURES 12 22 Ways for Attorneys BY STEVEN G. MEHTA to Use Twitter 15 Courtroom Etiquette BY DAVID GURNICK SAN FERNANDO VALLEY BAR ASSOCIATION for New Lawyers 21250 Califa Street, Suite 113 Woodland Hills, CA 91367 16 Road Map to Legal Careers BY ANGELA M. HUTCHINSON Phone (818) 227-0490 Fax (818) 227-0499 www.sfvba.org 20 Protecting Clients and Counsel BY LISA MILLER EDITOR Against Metadata Leaks Angela M. Hutchinson PLUS: Earn MCLE Credit. MCLE Test No. 16 on page 23. BOARD OF TRUSTEES President .......................................... Robert F. Flagg 24 Guidepost for New BY NATE BERNSTEIN President-Elect ................................. Seymour I. Amster Secretary .......................................... Alan J. Sedley Bankruptcy Attorneys Treasurer ........................................... David Gurnick Past President .................................. Tamila Jensen Executive Director ............................ Elizabeth Post DEPARTMENTS TRUSTEES 5 President’s Message 19 Above the Law Leonard J. Comden Carmen McDonald-Goldberg Matt Crowley Steven G. Mehta First and Foremost, a Lawyer Thanksgiving Turkey BY ROBERT F. FLAGG BY MARC R. JACOBS Natasha N. Dawood Lisa Miller Phillip Feldman Carol L. Newman 7 From the Editor 27 Santa Clarita Valley Bar Association Brent M. Finch Caryn Brottman Sanders Go Green! Adam D.H. Grant John F. Stephens BY ANGELA M. HUTCHINSON A year of Networking, Education, Outreach Robert M. Mansour Anne L. Thompson BY ROBERT M. MANSOUR Kira S. Masteller 9 Public Service Diversity Committee Selects 28 Classifieds STAFF Student Essay Winner Director of Public Services .............. Rosita Soto BY ROSIE SOTO 29 New Members Referral Consultant .......................... Gayle Linde Referral Consultant .......................... Lucia Senda 11 Section Profile 30 Event Calendar Referral Consultant .......................... Aileen Jimenez Mentoring ‘Green’ Lawyers Annual MCLE Marathon Director of Education & Events ........ Linda Temkin BY Natasha DAwOOD PLUS: More SFVBA Events Communications Manager .............. Angela M. Hutchinson Member Services Coordinator ........ Jennifer Jimenez SECTION CHAIRS ADR .................................................. Darryl Graver Business Law ................................... Steven R. Fox Criminal Law..................................... Jeff Yanuck .......................................................... Angela Berry-Jacoby Family Law ....................................... Cari Pines .......................................................... Donna Laurent Intellectual Property, Entertainment & Internet Law ......... John F. Stephens .......................................................... Mishawn Nolan Litigation ........................................... David Gurnick New Lawyers .................................... Natasha N. Dawood Probate & Estate Planning ............... Charles Shultz .......................................................... David Coleman 15 16 Small Firm & Sole Practitioner ......... Lisa Miller Women Lawyers............................... Roxanna B. Kaz Workers’ Comp ................................ Robert Pearman Valley Lawyer is published 11 times a year. Articles, announcements, and advertisements are due by the first day of the month prior to the publication date. The articles in Valley Lawyer are written for general interest and are not meant to be relied upon as a substitute for independent research and independent verification of accuracy. Design & Printing Printrunner (818) 993-9111 x241 © 2009 San Fernando Valley Bar Association 20 24 www.sfvba.org NOVEMBER 2009 n Valley Lawyer 3 L-346327A_CA.qxp 8/6/09 7:10 AM Page 1 INTELLIGENTON-POINT INFORMATION TO HELP YOUR CALIFORNIA PRACTICE. • Westlaw® • West Case NotebookTM/ • Miller & Starr Library TM • KeyCite® West LiveNote • California Pleadings, • Westlaw PeopleMap • The Witkin Library Motions & Memoranda ® The Rutter Group • ProDoc® • West LegalEdcenter • California Practice • Case Evaluator • Legal Calendaring GuidesTM • CFLR® DissoMaster®Suite For more information, call 1-800-762-5272. © 2009 Thomson Reuters L-346327/4-09 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. 4 Valley Lawyer n NOVEMBER 2009 www.sfvba.org L-346327A_CA.qxp 8/6/09 7:10 AM Page 1 President’s Message ROBERT F. FLAGG SFVBA President First and Foremost, a Lawyer Providing the Keys to Growth HiS yeAr iS tHe BiCentenniAl of that he had been wrong (in the earlier case). Since 1926 the birth of Abraham lincoln — The court’s decision in the latter case seems Tpresident, pioneer, politician and to be missing from the historical record. lawyer. The myth of Lincoln, who went from In an 1850 lecture on the law, Lincoln Why Do I Belong to the a log cabin to the White House with only acknowledged that he had been moderately SFVBA? a year of formal education, touches on the successful, pointing out that the “leading many parts of his life — rail splitter, shop rule for the lawyer as for the man of every keeper, soldier and lawyer. other calling is diligence. Leave nothing for What is often overlooked in the stories tomorrow which can be done today. Never that comprise the myth, however, is that let your correspondence fall behind. When “I personally want to commend Lincoln was a very successful lawyer. He you bring a common-law suit, if you have practiced law more than a quarter of a the facts for doing it, write the declaration at the SFVBA for including century and was prosperous and popular in once.” that practice. His law partner and biographer, He urged his listeners to practice public William H. Herndon, noted that Lincoln’s speaking as the lawyer’s avenue to the Fastcase as a member benefit. mind “caught the substantial turning point public: “However able and faithful he may of his be in other It is a terrific research tool. I case and “As a peacemaker, the lawyer has a respects, people [stripped] are slow to bring use it frequently. I found it so all cobweb superior opportunity of being a good him business and man.” — Abraham Lincoln if he cannot INTELLIGENTON-POINT INFORMATION collaterals make a speech.” user friendly and complete that away, and At the same stood up the substantial question fairly and time he cautioned young lawyers not to use I cancelled Westlaw and now TO HELP YOUR CALIFORNIA PRACTICE. honorably before his opponent, court speech-making as an excuse not to handle and jury.” “the drudgery” of the law. use Fastcase exclusively.” Not that Lincoln’s mythos becomes less Lincoln also encouraged lawyers to ® TM • Westlaw • West Case Notebook / • Miller & Starr Library powerful for all that. Consider this (quite be peace makers: “Discourage litigation. TM • KeyCite® West LiveNote • California Pleadings, possibly apocryphal) tale: In a case involving Persuade your neighbors to compromise • Westlaw PeopleMap • The Witkin Library Motions & Memoranda the rights of a landowner whose property whenever you can. Point out to them how ® The Rutter Group boundaries had been affected by changes the nominal winner is often a real loser • ProDoc® • West LegalEdcenter • California Practice in the course of a river, Lincoln argued so in fees, expenses and waste of time. As • Case Evaluator • Legal Calendaring TM effectively on behalf of his client that the a peacemaker, the lawyer has a superior Guides RogER • CFLR® DissoMaster®Suite judge hearing the case was persuaded to opportunity of being a good man. There will adopt Lincoln’s view of the law, setting still be business enough.” FRankLin For more information, call 1-800-762-5272. a new precedent and ruling on behalf of Nearly 150 years later, those words still Residential and Lincoln’s client. ring true, with particular resonance for all of Commercial Real A year or two later, Lincoln happened us as lawyers. Today, Lincoln is recognized Property Law for holding the Union together and freeing to appear before the same judge on behalf Encino of another landowner with a similar case. the slaves. As lawyers, we recognize that the As it happened, Lincoln’s then client’s background for his presidential decisions interests were negatively affected by the was formed in frontier courtrooms where precedent which had been set in the earlier Lincoln worked hard to do his best for his Renew your case. Lincoln presented a forceful argument clients. Lincoln represents the best of the on behalf of his client,