L awyer THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION 20 Ref -t 13 er o-L ral G awyer uide JUNE 2013 / $4 EARN MCLE CREDIT PLUS Cell Phone Storage Unit Searches Sales page 21 page 28 Domestic Asset Protection Trusts ppaaggee99 Finding Legal Employment papaggee 122 Seller Beware Los Angeles lawyer Don Chomiak cautions real estate developers on adherence to consumer protection laws page 14 EXCLUSIVELY FAMILY LAW Walzer & Melcher LLP is known for its expertise in handling complex divorce cases and premarital agreements. The firm is committed to resolving contested cases by settlement. Where that cannot be achieved, the firm provides strong and effective representation in litigation. Left to right: (seated) Christopher C. Melcher and Leena S. Hingnikar; (standing) Jennifer L. Musika and Peter M. Walzer www.walzermelcher.com www.drprenup.com CONG RATUL ATIONS American Arbitration Association AND INN OVATIVENEW PRESIDENT India Johnson A New Era in Global Conflict Management Begins... To schedule your Mediation, Artbitration or other ADR process with Reg Holmes, please contact: For American Arbitration Association administered matters: Michael R. Powell ([email protected]) — 213.622.6619 For independently administrated matters: [email protected] For Resolute Systems, LLC administered matters: Mike Weinzerl ([email protected]) — 312.346.3770 x 125 150 South Wacker Drive, Suite 2650, Chicago, IL 60606 REGINALD ANDREW HOLMES, ESQ. The Holmes Law Firm Engineering Just Resolutions www.theholmeslawfirm.com 1.877.FAIR.ADR (877.324.7237) California • Chicagoland • New York Metro • Atlanta FEATURES 14 Seller Beware BY DON CHOMIAK Attorneys representing condominium buyers should familiarize themselves with federal disclosure requirements 21 Incident to Arrest BY KELLY C. QUINN AND MARK W. ALLEN Previous police search cases regarding containers and clothing do not address the wealth of information on cell phones Plus: Earn MCLE credit. MCLE Test No. 225 appears on page 25. 28 Storage Stop BY ART GHARIBIAN To prevent a storage unit auction sale, a tenant must move quickly to obtain a temporary restraining order 33 Special Section 2013 Lawyer-to-Lawyer Referral Guide Los Angeles Lawyer DEPARTMENTS the magazine of the Los Angeles County 8 Barrister’s Tips 44 Closing Argument Steps for preparing for appellate oral What business clients should know Bar Association argument about smart phones June 2013 BY ANDREA AMBROSE LOBATO BY TOM MCCURNIN AND GREG R. CHAN Volume 36, No. 4 9 Practice Tips 43 CLE Preview Evaluating DAPTs for California residents COVER PHOTOGRAPH: TOM KELLER BY NEIL SCHOENBLUM AND JASON HELQUIST 12 Practice Tips To find employment as a lawyer, you must market yourself BY NEVILLE L. JOHNSON 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. 06.13 VISIT US ON THE INTERNET AT www.lacba.org/lalawyer E-MAIL CAN BE SENT TO [email protected] EDITORIAL BOARD Chair DENNIS PEREZ Articles Coordinator PAUL MARKS JERROLD ABELES (PAST CHAIR) K. LUCY ATWOOD ETHEL W. BENNETT ERIC BROWN CAROLINE BUSSIN PATRICIA H. COMBS CHAD C. COOMBS (PAST CHAIR) ELIZABETH L. CROOKE HON. 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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 June 2013 LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 1055 West 7th Street, Suite 2700, Los Angeles CA 90017-2548 TRUST DEED FORECLOSURES Rosevart Nazarian Telephone 213.627.2727 / www.lacba.org “Industry Specialists For Over 25 years” ATTORNEY, MEDIATOR, ARBITRATOR LACBA OFFICERS t Witkin & Eisinger we specialize in the Non-Judicial President AForeclosure of obligations secured by real property RICHARD J. BURDGE JR. or real and personal property (mixed collateral). When President-Elect your clients needs a foreclosure done professionally and PATRICIA EGAN DAEHNKE at the lowest possible cost, please call us at: Senior Vice President 1-800-950-6522 LINDA L. CURTIS We have always offered free advice to all attorneys. Vice President Providing the Most Affordable PAUL R. KIESEL WITKIN Mediation & Arbitration Services Treasurer SM MARGARET P. STEVENS &EISINGER, LLC 818.500.7500 ! Assistant Vice President RICHARD G. WITKIN, ESQ. CAROLE EISINGER www.WWMediators.org BRIAN S. CURREY Assistant Vice President CHRISTINE C. GOODMAN Immediate Past President ERIC A. WEBBER Executive Director/Secretary SALLY SUCHIL Associate Executive Director/Chief Financial Officer BRUCE BERRA Associate Executive Director/General Counsel W. CLARK BROWN BOARD OF TRUSTEES FAY ARFA P. PATRICK ASHOURI ROBERTA B. BENNETT ORI S. BLUMENFELD BRIAN K. CONDON DUNCAN W. CRABTREE-IRELAND JEFFERY J. DAAR ANDREW S. DHADWAL DAVID C. EISMAN HOWARD S. FREDMAN RICHARD B. GOETZ DAVID GURNICK JACQUELINE J. HARDING ANGELA S. HASKINS HARUMI HATA ROBB EVANS & ASSOCIATES LLC LAWRENCE C. HINKLE II Fiduciaries, Asset Managers & Consultants EVAN A. JENNESS SAJAN KASHYAP HELEN B. KIM ANNOUNCES THE SALE OF MARK A. KRESSEL MICHAEL K. LINDSEY CENTENNIAL BANK MANUEL A. MEDRANO Fountain Valley, California JANICE E. MUNOZ JUAN A. RAMOS To DAVID K. REINERT DEBORAH C. SAXE DONALD P. SCHWEITZER WESTERN ALLIANCE BANCORP BRUCE I. SULTAN Phoenix, Arizona STEVEN K. YODA AFFILIATED BAR ASSOCIATIONS Robb Evans, in his capacity as Trustee of LandAmerica Financial Group, BEVERLY HILLS BAR ASSOCIATION was the sole shareholder of Orange County Bancorp. Centennial Bank CENTURY CITY BAR ASSOCIATION CULVER MARINA BAR ASSOCIATION was a subsidiary of Orange County Bancorp. Mr. Evans was advised by GLENDALE BAR ASSOCIATION IRANIAN AMERICAN LAWYERS ASSOCIATION BINGHAM MCCUTCHEN LLP ITALIAN AMERICAN LAWYERS ASSOCIATION JAPANESE AMERICAN BAR ASSOCIATION and JOHN M. LANGSTON BAR ASSOCIATION KOREAN AMERICAN BAR ASSOCIATION OF SOUTHERN CALIFORNIA LESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELES SANDLER O’NEILL & PARTNERS MEXICAN AMERICAN BAR ASSOCIATION PASADENA BAR ASSOCIATION 11450 Sheldon Street, Sun Valley • CA 91352-1121 (818) 768-8100 SAN FERNANDO VALLEY BAR ASSOCIATION SAN GABRIEL VALLEY BAR ASSOCIATION www.robbevans.com SANTA CLARITA VALLEY BAR ASSOCIATION SANTA MONICA BAR ASSOCIATION SOUTH BAY BAR ASSOCIATION SOUTHEAST DISTRICT BAR ASSOCIATION APRIL 30, 2013 SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION WHITTIER BAR ASSOCIATION WOMEN LAWYERS ASSOCIATION OF LOS ANGELES Los Angeles Lawyer June 2013 5 LAW FIRM FOR SALE Prominent general law practice in Bishop, California Inyo County’s major trade center. Enjoy an historically healthy and sus- had a recent conversation with my neighbor that got me tained revenue stream, with a lower cost of living and great life style. thinking about a topic that is not on my horizon but is Access to year-around recreational important nonetheless—retirement. My neighbor, a non- activities. Control your professional I life, don’t let it control you. practicing lawyer working in the corporate world, had just Call Ed Poll 800.837.5880 @ accepted a new position with another large, multinational cor- poration. He said, “Since I am almost 50, and I know corporations tend to move people out in their 60s, I could not pass up this new opportunity.” My neighbor then mentioned that he will probably consider a consulting practice once he is in his 60s. BUSINESS At what age should we as lawyers consider retirement? One telling statistic is that OPPORTUNITY the average age at which Americans expect to retire has been steadily creeping up since the mid-1990s. In 1996, people expected to retire at age 60, but according to a new Gallup poll, the expected age of retirement for most Americans is now up to Want to purchase 67. Interestingly, another Gallup survey found that people who are