Los Angeles Lawyer September 2015
Total Page:16
File Type:pdf, Size:1020Kb
CALIFORNIACORPORATE ATTORNEYS COUNSEL THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION GUIDE TO ’S SEPTEMBER 2015 / $4 EARN MCLE CREDIT PLUS Evidentiary LA Signage Objections Litigation page 25 page 30 New Paid Sick Leave Law page 14 When Trial Transcripts Are Needed page 10 Cyberinsurance Coverage Achieving page 37 Ability Los Angeles lawyer Thomas E. Beltran outlines the ABLE Act’s applications for public benefits recipients page 18 • Rigorous standards • Tailored service • Prompt turnaround • Free initial consultations • Free resume book • Reasonable rates L O C A L O F F I C E 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 FEATURES 18 Achieving Ability BY THOMAS E. BELTRAN ABLE accounts will soon allow the use of relatively small amounts of money to make periodic payments on behalf of eligible beneficiaries 25 Evidently Objectionable BY VIVIAN F. WANG A recent Judicial Council report recommends amending Section 437c of the Code of Civil Procedure to provide greater clarity for rulings on objections to evidence Plus: Earn MCLE credit. MCLE Test No. 249 appears on page 27. 30 Floors, Ceilings, and Signs BY JAMES S. AZADIAN AND ERIC G. SALBERT The Los Angeles Superior Court recently concluded that the Ninth Circuit could not dispense with the California Supreme Court’s Article 1 jurisprudence Special Pullout Section Corporate Counsel's Guide to California Law Firms and Attorneys Los Angeles Lawyer DEPARTME NTS the magazine of the Los Angeles County 8 On Direct 37 Computer Counselor Bar Association Steve Soboroff How courts have decided coverage issues September 2015 INTERVIEW BY DEBORAH KELLY in cyber insurance cases BY JIM VORHIS AND JOAN COTKIN Volume 38, No. 6 9 Barristers Tips Understanding the rules and procedures 44 Closing Argument COVER PHOTO: TOM KELLER for jury selection Reflections and a lesson from the BY SHAWTINA FERGUSON "Blurred Lines" trial BY VANCE WOODWARD 10 Practice Tips The necessity of trial transcripts in 42 Index to Advertisers appellate proceedings BY BLYTHE GOLAY AND ANGELA S. HASKINS LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, 43 CLE Preview 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 14 Practice Tips paid at Los Angeles, CA and additional mailing offices. Annual subscription price of $14 included in the Association mem- A new California law mandates paid sick bership dues. Nonmember subscriptions: $28 annually; single leave for nearly all employees copy price: $4 plus handling. Address changes must be sub- mitted six weeks in advance of next issue date. POSTMASTER: BY JENNIFER MISETICH Address Service Requested. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055. 09.15 VISIT US ON THE INTERNET AT WWW.LACBA.ORG/LALAWYER E-MAIL CAN BE SENT TO [email protected] EDITORIAL BOARD Chair DONNA FORD Articles Coordinator TED M. HANDEL Assistant Articles Coordinator JOHN C. KEITH Secretary SANDRA MENDELL Immediate Past Chair MARY E. KELLY JERROLD ABELES (PAST CHAIR) K. LUCY ATWOOD ETHEL W. BENNETT SCOTT BOYER EMILY BRAILEY CHAD C. COOMBS (PAST CHAIR) HON. MICHELLE WILLIAMS COURT SAMIRE K. ELHOUTY GORDON K. ENG STUART R. FRAENKEL MICHAEL A. GEIBELSON (PAST CHAIR) CHRISTINE D. GILLE SHARON GLANCZ STEVEN HECHT (PAST CHAIR) DENNIS HERNANDEZ ERIC KINGSLEY KATHERINE KINSEY DANIELLE LACKEY JENNIFER W. LELAND PAUL S. MARKS (PAST CHAIR) COMM’R ELIZABETH MUNISOGLU PAUL OBICO TYNA ORREN CARMELA PAGAY DENNIS L. PEREZ (PAST CHAIR) GREGG A. RAPOPORT GARY RASKIN (PAST CHAIR) JACQUELINE M. REAL-SALAS (PAST CHAIR) STEVEN SCHWARTZ HEATHER STERN MATTHEW D. TAGGART DAMON THAYER COZETTE VERGARI THOMAS H. VIDAL STAFF Editor ERIC HOWARD Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director LINDA BEKAS Administrative Coordinator MATTY JALLOW BABY Copyright © 2015 by the Los Angeles County Bar Association. All rights reserved. Reproduction in whole or in part without permission is pro - hibited. 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 September 2015 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2553 Telephone 213.627.2727 / www.lacba.org LACBA EXECUTIVE COMMITTEE President PAUL R. KIESEL President-Elect MARGARET P. STEVENS Senior Vice President and Treasurer MICHAEL K. LINDSEY Vice President DAVID K. REINERT Assistant Vice President BRIAN K. CONDON Assistant Vice President DUNCAN W. CRABTREE-IRELAND Assistant Vice President HON. BRIAN S. CURREY Immediate Past President LINDA L. CURTIS Barristers President ROBERT S. GLASSMAN Barristers President-Elect DAMON A. THAYER Chief Executive Officer/Secretary SALLY SUCHIL Chief Financial & Administrative Officer BRUCE BERRA General Counsel & Chief Administrative Officer W. CLARK BROWN BOARD OF TRUSTEES HARRY W.R. CHAMBERLAIN NATASHA R. CHESLER REBECCA A. DELFINO MIGUEL T. ESPINOZA KENNETH C. FELDMAN JO-ANN W. GRACE HARUMI HATA STACY R. HORTH-NEUBERT SAJAN KASHYAP MARY E. KELLY LAVONNE D. LAWSON F. FAYE NIA ANNALUISA PADILLA JUAN A. RAMOS SARAH V.J. SPYKSMA DAVID W. SWIFT JEFF S. WESTERMAN ROXANNE M. WILSON AFFILIATED BAR ASSOCIATIONS BEVERLY HILLS BAR ASSOCIATION CENTURY CITY BAR ASSOCIATION CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES CULVER MARINA BAR ASSOCIATION GLENDALE BAR ASSOCIATION IRANIAN AMERICAN LAWYERS ASSOCIATION ITALIAN AMERICAN LAWYERS ASSOCIATION JAPANESE AMERICAN BAR ASSOCIATION JOHN M. LANGSTON BAR ASSOCIATION LESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELES MEXICAN AMERICAN BAR ASSOCIATION PASADENA BAR ASSOCIATION SAN FERNANDO VALLEY BAR ASSOCIATION SANTA MONICA BAR ASSOCIATION SOUTH BAY BAR ASSOCIATION SOUTHEAST DISTRICT BAR ASSOCIATION SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION WOMEN LAWYERS ASSOCIATION OF LOS ANGELES Los Angeles Lawyer September 2015 5 sk not what your bar association can do for you, ask what you can do for your bar association…and Ayour community. The Los Angeles County Bar Association Board of Trustees has requested that Los Angeles lawyers expand their pro bono activities. Recognizing that we, as lawyers, have a professional responsibility to provide legal services to those who cannot pay, the LACBA Board of Trustees unanimously approved a motion to adopt an update to the LACBA pro bono policy, which rec- ommends that every lawyer commit to at least 50 hours of pro bono legal services per year. The motion was propounded by the LACBA Access to Justice Committee. The policy tracks the Model Rules of Professional Conduct of the American Bar Association, specifically Rule 6.1. The pro bono work can be done for persons of limited means, civil rights orga- nizations, and charitable religious, civic, community, or educational organizations. The pro bono policy is mainly meant to address the needs of persons of limited means, either directly or through current projects and organizations. The pro bono policy not only encourages every lawyer to provide pro bono hours of legal services every year but also asks that every Los Angeles law firm and corporate office articulate a pro bono policy that supports participation, mainly by giving credit for pro bono hours. The policy further encourages firms and corporate offices, in addition to financial contributions, to provide legal services at substantially reduced fees to persons of limited means whenever possible, or through activities for improving the legal system. The American Lawyer annual pro bono survey indicates that while pro bono hours by firms have been robust, less time has been spent helping the poor, and more pro bono time was spent in high-profile matters. Now, for the “what your bar association can do for you” part of the equation: as a lawyer, you can make a difference in your community and derive a great deal of satisfaction from assisting those who are less fortunate and unable to afford legal services. LACBA activities and committees generally, and pro bono activities specifically, can also enrich your practice and sharpen your legal skills. LACBA has five local service projects that present attorneys with an opportunity to volunteer: Domestic Violence Legal Services, Veterans Legal Services, Immigration Legal Assistance, AIDS Legal Services, and Civic Mediation. Through pro bono activities, you can pursue legal interests and experiences that you otherwise would not have at your law firm, law school, or corporate or government office. Pro bono activities give lawyers an opportunity to work on legal issues new to your practice and enrich your knowledge and courtroom skills. Law firms benefit as well. Pro bono legal services are an inexpensive way for firms to professionally develop and train young lawyers. New lawyers in law firms can gain litigation experience by taking charge of a case, conducting client interviews, interviewing or deposing witnesses, and making court appearances. Whatever experience, skill, and time a lawyer brings to pro bono work will come back twofold in experience