www.sfvba.org MARCH 2009 • $4 A Publication of the San Fernando Valley Bar Association PRSRT STD US Postage Paid Canoga Park, CA Permit No. 348 Earn MCLE Credit The Raisin and the Negotiator The Raisin and the Negotiator Essential Negotiating Skills A New Perspective Essential Negotiating Skills A New Perspective Effective Use of an Accountant in Divorce Effective Use of an Accountant in Divorce Achieving Success in Real Estate Mediations Achieving Success in Real Estate Mediations Spotlight on SFVBA Executive Director Liz Post Spotlight on SFVBA Executive Director Liz Post
Transcript
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MARCH 2009 • $4 A Publication of the San Fernando Valley Bar Association
PRSRT STD
US Postage Paid
Canoga Park, CA
Permit No. 348
Earn MCLE Credit The Raisin and the
NegotiatorThe Raisin and the
Negotiator
Essential Negotiating SkillsA New PerspectiveEssential Negotiating SkillsA New Perspective
Effective Use ofan Accountant inDivorce
Effective Use ofan Accountant inDivorce
Achieving Successin Real Estate
Mediations
Achieving Success in Real Estate
Mediations
Spotlight on SFVBA Executive Director
Liz Post
Spotlight on SFVBA Executive Director
Liz Post
22094_Vl_March Angela 2/17/09 1:31 PM Page 1
2 Valley Lawyer � MARCH 2009 www.sfvba.org
Corporations/Partnerships/LLCs
Commercial Finance
Employment
Environment
Equipment Leasing
Franchising
Health Care
Intellectual Property,Licensing & Technology
Land Use/Development
Mergers/Acquisitions
Real EstateFinance/Leasing/Sales/Acquisitions
Tax Planning
Family Law
Personal Injury/Products Liability
Tax and Estate Planning
Probate Litigation/Will Contests
Protecting You.
Protecting Your Business.
The Power You NeedThe Personal Attention You Deserve
BUSINESS PRACTICE AREAS (Transactions & Litigation) CONSUMER PRACTICE AREAS
Chancela Al-Mansour Robert M. Mansour Leonard J. Comden Carmen McDonald-GoldbergMatt Crowley Steven G. Mehta Natasha N. Dawood Sanford L. MichelmanBrent M. Finch Lisa MillerAdam D.H. Grant Caryn Brottman SandersDavid Gurnick John F. StephensWendy Hartmann
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 independentresearch and independent verification of accuracy.
FRIEND OF MINE HAS COMPLAINED THAT THEPresident’s Message has been a little academic andsometimes puts him to sleep. At least we have found
a good use for them! However, in an effort to combat thisside effect, this month I want to discuss the Rule of Law, that lynch pin of a civil society and Western democracy.
It is the Rule of Law that brings us a well orderedsociety in which all have a chance to enjoy the fruits of goodorder. By way of example, consider the much loved musical,“Camelot”, by Frederick Loewe and Alan Jay Lerner, whichrelies on the Rule of Law as the very central premise of the show.
CAMELOT*A law was made a distant moon ago here
July and August cannot be too hot,
And there’s a legal limit to the snow here
In Camelot
The winter is forbidden till December
And exits March the second on the dot
By order summer lingers through September
In Camelot
Camelot! Camelot!
I know it sound a bit bizarre
But in Camelot, Camelot
That’s how conditions are
The rain may never fall till after sundown
By eight the morning fog must disappear
In short, there’s imply not a more congenial spot
For happily ever aftering than here
In Camelot
Camelot! Camelot!
I know it gives a person pause
But in Camelot, Camelot
Those are the legal laws
The snow may never slush upon the hillside
By nine p.m. the moonlight must appear
In short, there’s simply not a more congenial spot
For happily ever aftering then here
In Camelot
It is when the basic premises of the law are ignored thatCamelot falls. The legal profession has an important role inthis play. See you at the musical.
*Copyright (C) 1960 by Alan Jay Lerner and Fredierick Loewe.Chappel & Co. Inc. New York.
www.sfvba.org MARCH 2009 � Valley Lawyer 5
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6 Valley Lawyer � MARCH 2009 www.sfvba.org
www.sfvba.org MARCH 2009 � Valley Lawyer 7
Let’s celebrate! March is the SanFernando Valley Bar Association’s StaffRecognition month. Valley Lawyerwould like to acknowledge the diligentwork ethic of the entire SFVBA staff. Inparticular, two beloved staff membersare celebrating anniversaries: ExecutiveDirector Liz Post (15 years) and ARSConsultant Gayle Linde (10 years). On behalf of the Bar, it is with greathonor that we congratulate them on thiswonderful achievement.Please be sure toread the feature articles on both Liz andGayle. Yes ladies, that’s right. Surprise!
Thank you to those whocontributed to the surprise article forLiz. Since she is heavily involved in thefinal editing process for Valley Lawyer, it was definitely a challenge creatingfiction placeholder content that gave no hints to what was really under oursleeves. I’m just glad the days are overwhere I see ext. 101 on my phone andam nervous to answer, thinking she issuspicious; or staff having toimmediately minimize the article ontheir computer screen as Liz casuallyappears to ask a question; but I mustsay, I am going to miss the staff whispering random code words for“Hide the article! She's coming!”
Also inside this issue of ValleyLawyer, we address Alternative DisputeResolution. Knowing how to resolveconflict is not only a practical skillworth having, but also a powerful assetfor many attorneys. Mediation is aprocess that gives individuals theopportunity to resolve conflict in apeaceful manner. An impartial, trainedmediator facilitates a confidential,cooperative, and constructive discussionwhere the involved parties negotiatedirectly with one other.
Mediation promotes respectfulcommunication. It provides theinvolved parties with the opportunity tobe honest, move forward in a positivedirection, create stronger relationships,manage anger and relieve the stress ofunresolved conflict.
When your clients are looking for away to avoid spending time, emotionand energy in a court battle, mediationis a worthy conflict-solving approach torecommend, which often results in acost-efficient settlement for thedisputants.
This month’s articles on mediationand negotiation provide insight on howto resolve disputes peacefully and
professionally. Whether you are in the midst of settling a dispute or arehelping a client to resolve conflict, weencourage our members to stay activewith SFVBA’s conflict resolutionprograms including the Mandatory Fee Arbitration Program andforthcoming Mediation Program.
Have a peaceful month!
Angela M. Hutchinson
From the Editor
For question, comments or candid feedback regarding Valley Lawyer or Bar Notes,
please contact Angela at (818) 227-0490, ext. 109 or via email at [email protected]
ANGELA M.
HUTCHINSON
Editor
Dear Members,
SAVE THE DATE
MAY 16, 2009A BLOCK PARTY
CELEBRATING LIBERTY AND JUSTICE FOR ALL
Join the Valley Community Legal Foundation of the SFVBA
FUNDRAISING GALA
Saturday, May 16, 2009 at 6:00 p.m.at CBS Studios, Studio City
My Three Sons StreetCall Linda at (818) 227-0490 for reservations.
Dinner, Entertainment, and Silent and Live AuctionAn Evening under the Stars supporting the grants,
scholarships and special projects of the Valley Community Legal Foundation
Sponsorships available – for further information, please call Marcia Kraft at (818) 883-1330.
Visit our website at www.vclegalfoundation.org
22094_Vl_March Angela 2/17/09 1:31 PM Page 3
8 Valley Lawyer ! MARCH 2009 www.sfvba.org
www.sfvba.org MARCH 2009 ! Valley Lawyer 9
Business Law
ARS Thanks Referral Consultant Gayle Linde
Public ServiceROSIE SOTODirector of
Public Services
N JANUARY 2009, GAYLE LINDE celebrated her 10th year as a full-timeemployee of the SFVBA Attorney
Referral Service. Gayle became a full-timeemployee after making quite animpression as a “temp” with heraccounting skills, organizational skillsand strong interpersonal skills.
Over the course of her employment,Gayle has effectively referred over 10,800
cases to ARSpanelists andassisted over54,000 callers. Sheknows every ARSpanelist from A toZ; she maintainsgood workingrelationships withcoworkers, SFVBAmembers, ARSpanelists andmany communityleaders.
Of those 54,000 conversations Gaylehas held with ARS callers, there is nodoubt amongst Gayle’s colleagues thatGayle will remember many of thoseclients. A name, the case type, a phonenumber, something will trigger heramazing mental filing system.
Gayle’s office is in the far right cornerof the southern end of the SFVBA offices.Occasionally, one might see her sippingon coffee by 10:00 a.m., when she feelsit’s going to be a long day. She walks
down the hall, says her hellos, and maycrack jokes about the ancient office papercutter that has been here longer than shehas. She shares an office with colleagueswhere one can hear her one-sidedconversation echo down the halls.
Gayle maintains a professional toneand takes control of a conversation as shesits upright either with arms crossed overher chest or her head tilted down,manually covering her exposed ear,attempting to minimize the unavoidablebackground noise so that she may givethe caller her undivided attention.
Most ARS panelist know Gayle candistinguish each and every panelist – anunfair exchange of remembering names,one might think, but she makes thatextra effort. Gayle monitors andadministrators the case manager,percentage fees and ARS dues payments.She understands the importance ofcommunicating with attorneys to follow-up on referrals, case status reports,insurance reports and miscellaneousmatters. Gayle’s abilities to be acquaintedwith almost every returning client andARS panelist benefits the ARStremendously. Gayle recognizes herstrengths and knows how to put them togood use for the benefit of the ARS.
Gayle receives hundreds of callerswith a wide range of emotions. Herability to show compassion and anunderstanding for what the person onthe other line is feeling is vital. ARS
receives numerous surveys from callersthat applaud Gayle for her efforts tokindly listen when they feel no one elsewould; they show gratitude andsatisfaction with her services by activelyreferring friends and family members tocontact her for a referral. She deservesrecognition for comprehending all thelegal matters callers are faced with.
Where does her passion come from?The Nebraska native brings thehardworking Midwest traditions to theARS and an extraordinary degree ofpassion. Only she can confirm, but mostwho know her believe her drive comesfrom a desire to get breakthrough resultsfor the ARS.
Gayle is currently enrolled in an ABAparalegal program at Pasadena CityCollege. Her schooling along with hereagerness to partake in training sessionsby panel attorneys and CLE programshelp Gayle stay on the cutting-edge.
Gayle knows why she does what shedoes, why those around her do what theydo, and what the ARS needs to staysuccessful. She is a secret weapon! Whenbusiness is slow, she uses downtime toprepare to make changes and adjust; shedoesn’t waste a minute worrying. Instead,she uses the time to pitch ideas and helpfind answers.
A special “Thank You!” to Gayle forher 10 years of hard work and dedicationto the Attorney Referral Service of theSan Fernando Valley Bar Association.
I
ARMS PROVIDERS, INC.Armand Arabian, President
Former Member of California Supreme Court, Court of Appeal, Superior and Municipal Courts • Judge and Justice for Twenty-four years
Complete facilities on premises for all hearings.
Arbitration • Reference • Mediation • Settlement
6259 Van Nuys Boulevard, CA 91401(818) 997-8900 • Fax (818) 781-6002 • Email: [email protected]
10 Valley Lawyer ! MARCH 2009 www.sfvba.org
By Jennifer Jimenez
HEN AN INDIVIDUAL NEEDS TO RESOLVE a fee dispute with an attorney what should theydo? Submit a request for arbitration of a fee
dispute request to the San Fernando Valley Bar Association’sMandatory Fee Arbitration (MFA) Program. The MFAProgram provides a procedure for clients and attorneys toresolve fee disputes as a low-cost and time-efficientalternative to court. The MFA Program has grown rapidlysince the Program was reinstated in early 2007 after beinginactive for more than a decade, processing more than 70cases in 2007 and 2008.
In 2008, the MFA Program saw a huge increase infamily law and criminal law cases. About 70% of the casesadministered were family law or criminal law related. The Program is in dire need of additional family law andcriminal law attorneys to volunteer as fee arbitrators to assistwith the Program’s overwhelming demand in this area.
Volunteering as a Fee Arbitrator is a great way to servethe San Fernando Valley community, as well as a learningtool to educate clients. The Program and fee arbitrationparties appreciate the work and time an arbitratorcontributes to each case.
All SFVBA members along with legal and businessprofessionals are encouraged to participate as an Arbitratorin the MFA Program. A free Fee Arbitrator Training isscheduled for April 29, 2009 from 12:00 noon to 3:00 p.m.in the SFVBA conference room. Lunch will be provided andattendees earn 2.75 MCLE hours.
SFVBA MFA Committee Chair Myer Sankary and StateBar MFA Program Administrator Jill Sperber will addressrecent developments in fee arbitration and other importanttopics such as: writing an enforceable award, statute oflimitations, effect of conflicts of interest, arbitrator disclosurerequirements and controlling the proceeding.
Applications for Appointment to the Fee Arbitration Panel can be downloaded from the SFVBA website atwww.sfvba.org/public/fee_arbitration.htm.
To register for the Fee ArbitratorTraining, email [email protected] or call(818) 227-0490, ext. 110.
Jennifer Jimenez is the Member ServiceCoordinator for the San Fernando Valley Bar Association. She administers TheSFVBA MFA Program.
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An Efficient Way to Resolve Fee DisputesAn Efficient Way
Alexandra Schirmer WoodwardLaw Office of Joseph B. McHughGlendale(818) 241-4238 [email protected] Admittee
www.sfvba.org MARCH 2009 ! Valley Lawyer 13
ITH THE RECENT downturn in the economy,people are feeling insecure
about their jobs, their bank deposits,their credit card balances, theirretirement account values, and most ofall, the plummeting real estate market.
Real estate in general, and the familyresidence in particular, is proving to bemore of a challenge these days todivorcing people. The house that wasworth 40% more two years ago may bedifficult to sell in a market where loansare harder to qualify for, even at areduced price. With the doubleincentives of low interest rates andmortgage interest deductions, manypeople borrowed against their equity inthe past few years to fund new cars,vacations, increased life style, andbusiness start-ups.
While using their homes assurrogate ATM machines, shrinkinghome values may have left the familywith little or no remaining equity. Thisputs an added burden on a divorcingcouple, because selling the family homeand buying two smaller homes may nolonger be feasible. Therefore, it is evenmore important to talk to a family lawaccountant to weigh several options.
One of the thorniest issues in adivorce may be who gets to stay in thefamily residence, for how long, and whogets bought out. Especially when thereare children involved, but even if thereare not, a couple in a collaborativepractice or mediation case may find waysto compromise with the help of theirteam. One possible solution may be forone parent to remain in the home withthe children for a few years for a periodof adjustment or for enough time for thechildren to complete the next stage oftheir education.
An accountant can help the couplework out a deferred sale and/or buyout afew years in the future. The current taxlaws allow this plan to work if, and onlyif, both parents agree.
Selling the house and dividing theproceeds may not be the optimumsolution, particularly during a poor realestate market. More divorcing couplesare continuing to live in the sameresidence, albeit with creativepartitioning. Some are remodeling thehouse in order to create separatekitchens, bedrooms and bathrooms foreach spouse. If the property may besubdivided and/or zoning variances areapproved, a duplex or “granny house”may be created.
Calculating each spouse’s portion of the equity may be a challenge. Did one of the spouses own the home prior to marriage? Were therecapital improvements made during the marriage? Was the original loanrefinanced? If so, how often? Was cashtaken out of the equity? Did one spousego on title during the marriage? If not,was a quit claim signed? If so, why? Wasthe signer aware of the ramifications ofsigning away his or her interest in thereal estate? These issues involvecomplicated calculations for potentialreimbursements and equity splitting thata family law CPA can assist with. Ofcourse, these are legal issues as well.
In a collaborative practice ormediated case, this type of information ismore readily available, because both
spouses have pledged to cooperate, andto be honest and forthcoming with thedetails necessary to make a fair andequitable determination of the equitysplit. This cooperative attitude goes along way to saving the coupleconsiderable time and money incompiling the information and comingto an agreement with the assistance ofthe accountant and their attorneys ormediator.
The collaborative and mediationprocesses recognize that one spouse mayneed a little more help understandingthe financial issues and making decisionsas to whether or not he or she can affordto stay in the family home and for howlong. The accountant may meet alonewith him or her to review potentialoptions and budget for the near future.
These are some of the reasons thatworking with a family law accountant inthe collaborative or mediation processhelps the divorcing couple talk aboutand resolve their financial and tax issuesfaster, better, and cheaper.
Susan Carlisle, CPAspecializes in accounting,taxation, financial planningand family law with acollaborative approach. She can be reached [email protected] or (818) 888-3223.
WBy Susan Carlisle
ESIDENTIAL NEIGHBORS FACING THEunwelcome prospect of shared usage of their commonhillside through a quiet title action for prescriptive
easement recently settled. They agreed to an exclusive licenseagreement for a fixed period in exchange for dollars.
The younger, entrepreneurial neighbor seeking exclusivityhad certain funds available to secure her privacy. Her elderlyneighbor, who of course wanted to preserve his own propertyrights but could not see the parcel in question anyway from hishome, also wanted to preserve his retirement funds otherwiseto be drained by litigation expense and to bolster his financialresources for the hard times ahead.
Neither exclusivity nor payment is the usual court-outcome in a residential prescriptive easement lawsuit (see, e.g.,Harrison v. Welch (2004) 116 C.A.4th 1084, 1090, 11Cal.Rptr.3d 92). Consequently, in this example of a creativeoutcome in real property disputes, the result came for theparties via mediation, but neither easily nor quickly.
Fortunately for the described disputants, their competentcounsel understood the mediation process well enough to
allow for the settlement to develop with time, togetherness and talk.
In To his Coy Mistress, Andrew Marvell wrote, “But at myback I always hear / Time's winged chariot hurrying near.”Some litigators seem to hear the same message inside. Theystart the mediation session insisting, “We only have three hoursto get this done.” They constantly look at their watches. In thedescribed mediation, the attorneys had the wisdom to allowtime for the process to develop.
In so doing, the lawyers gave the mediator the freedom toset the stage in an extended joint session and thereafter toengage the parties privately to reveal their real interests, needs,goals, fears, expectations, and hopes.
Many fear the joint session. Winston Churchill is reportedto have said, “My wife and I tried two or three times in the last40 years to have breakfast together, but it was so disagreeablewe had to stop.”
Because many litigators naturally fear the inherent emotionand occasional barbs or outbursts that can occur from anyconflict, some litigators begin their mediations by stating, “Weneed to be in separate caucuses so we can start the negotiationsright away.” The attorneys in the described mediation knewbetter.
They knew that the parties could be together for a jointsession, guardedly perhaps, if prepared in advance, and thatnegotiation would come later.
In the joint session that occurred because the lawyersunderstood its purpose and trusted the mediator to manage it,the mediator introduced the parties to the process, describedwhat would take place throughout the day and then led theparties to focus on (and to limited degree share with eachother) their respective needs and interests rather than theirlegal positions.
The parties listened, talked, learned to understand moreabout the process, themselves, and their motivations/emotionsin pursuing the conflict, found out more about each other, andset upon the path to find a solution that would fit the needs ofboth sides and that both sides could tolerate.
Later, the parties separated for private caucuses and toconduct the negotiation. Then, through the course of the day,with introspection and guidance, many creative possibilitiesemerged that led to an agreed result after nine hours.
This resolution would not have occurred without thewisdom of counsel in allowing for time,togetherness and the heart-to-heart talkthat gave rise to neighbors repairingtheir relationships and surmountingtheir difficulties.
David I. Karp is a full time mediator ofreal estate and business disputes with offices in Van Nuys. He can be reached [email protected] or at (818) 781-1458.
14 Valley Lawyer ! MARCH 2009 www.sfvba.org
LAW OFFICES
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A t t o r n e y s a t L a w
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TEL: (818) 377-2200FAX: (818) 377-2211
Referral Fees paid within Guidelines
Achieving Success in Real Estate Mediations A Case Study of Time,
Togetherness and Talk
RBy David I. Karp
www.sfvba.org MARCH 2009 ! Valley Lawyer 15
OULD YOU BELIEVE THATeating a single raisin or piece ofchocolate can help you become a
better negotiator? It is not the fact that youare eating the raisin, but instead on howyou eat the raisin that can make thedifference.
Many times in mediation, the otherside may do something that may make anattorney angry or upset. During thosetimes, a person may be the mostvulnerable to making a bad choice ordecision based upon an emotionalreaction. In fact, many negotiators orlitigators will sometimes learn how to“push buttons” in an attempt to try toaccomplish their negotiating goals.
In one recent case, an opposingattorney wanted the defendant to putmore money on the table to settle the case.The defendant’s attorney would haverecommended more money to be offered.However, the plaintiff’s attorney thenattacked the defendant’s attorney’s ethicsin an attempt to try to create a separationbetween the defendant and his attorney.Enraged by the accusation, the defendant’sattorney refused to consider any furtherdiscussions and attempted to end themediation. An hour later, cooler headsprevailed and the mediation continued toresolution.
Rather than risk the deal, it isimportant, however, to understand thatthere are simple ways to control thosenegative emotions when confronted by apersonal affront or insult which will allowthe attorney and the client to make betterdecisions.
Recently, researchers WhitneyHeppner and Michael Kernis of theUniversity of Georgia have discovered thatmindfulness and being in the momenthelps to inoculate a person to aggressiveimpulses. Heppner and Kernis studiedhow experiencing the moment can reduceaggressive tendencies. In their study theytold subjects that they that there wasgoing to be a vote as to whether thesubjects can join a particular group. TheParticipants were then told that they werewholly rejected or accepted. Shortly priorto the experiment, half of the group wasalso told to savor a single raisin by
enjoying it through all senses of taste, feel,smell, sound, etc.
Later, in what the participantsthought was a separate experiment, theywere given an opportunity to actaggressively towards a total stranger bydelivering a painful blast of noise. Amongthe subjects that did not eat the raisin,those that were rejected from the groupchose to become very aggressive, inflictinglong and painful sonic blasts withoutprovocation. On the other hand, thesubjects that ate the raisin, regardless ofwhether they had been embraced orrejected, were serene and unwilling toinflict pain on others.
Other studies have also shown thatbeing mindful of simple experiences suchas through meditation or deep breathingcan have a significant positive effect on avariety of behaviors including stressreduction, stress reaction, attitudestowards strangers, and anger. Indeed,according to Russ Harris, a medicaldoctor, counselor and author of TheHappiness Trap, “if you bring mindfulnessto bear on negative feelings, they lose theirimpact. Just let them be there withoutstruggling against them, and you'lleventually feel less anxiety anddepression.” According to the Januaryedition of Psychology Today, a personshouldn’t banish negative feelings, butshould also not let them get in the way oftaking productive actions, either.
According to Kernis, the reason thatmindfulness helps reduce aggression isbecause “mindfulness decreases egoinvolvement. So people are less likely tolink their self-esteem to events...” Hefurther explained that mindfulness alsohelps to regulate self-behavior since ithelps to prevent bruises to a person’s ego.
This research can help prepare for anegotiation in several ways. First, beforeany negotiation, the attorney should take afew moments to appreciate breathing,savor a piece of candy or simply take afew moments to himself or herself. Bydoing so, that person can then be in abetter frame of mind to handle the stressesof aggressive negotiators or opponents.Moreover, as noted above, whensomething untoward does happen during
the negotiation process, they are less likelyto take it personally or involve their ego.Rather than being affected by theemotional outburst, the attorney can affectthe emotional outburst by reactingappropriately.
Another strategy is to take a pausefrom negotiations when somethingnegative or untoward happens. It is veryeasy to make an excuse such as the needto use the restroom or get some coffeebefore responding to a tactic. Then byfocusing on mindfulness, a person canbetter see the solution or response withoutthe diversion of emotion.
If leaving for a short moment isimpossible, it is also possible to simplyask for a moment to consider the optionthat has been provided. Even a few deepbreathes focusing on the moment cansometimes be enough to help calm thesenses. The old adage of taking ten deepbreaths before responding can sometimesbe very useful.
Finally, another simple tool to avoidgetting emotionally affected by a negativeoutburst is to simply label the tactic forwhat it is. For example, if an opponent isusing a good cop bad cop routine oremotional terrorism, it is easy to label thetactic, and then consider the response tothe tactic. Often the mere fact of labelingsomething makes it more manageable andless personal.
Many researchers have found thatbeing mindful of events and surroundingsis the key to happiness. Not only doessuch activity create happiness in life, but italso provides a tool to be able to get betterresults in negotiations and mediations.
Steven G. Mehta, Esq. is a full timemediator specializing in complex andemotional disputes suchas elder abuse,employment, medicalmalpractice andpersonal injury, businessand real estate matters.He mediates throughoutCalifornia and can becontacted through hiswebsitewww.stevemehta.com.
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By Steven G. Mehta
16 Valley Lawyer � MARCH 2009 www.sfvba.org
By SFVBA Staff
From the Bench“Liz: More than meets the eye. We could not do it without her.” ~ SFVBA President Tamila Jensen
“Liz is truly extraordinary in her abilityto efficiently manage the BarAssociation. She is consistently lookingfor ways to improve services to ourmembers and her commitment to theorganization and its leaders made it apleasure to work with her during mytenure as President.” ~ Past SFVBA President Sue Bendavid
“Liz has been a driving force which haskept the SFVBA on an even keel for thepast 13 years. She is always lookingtowards the next year with an eye onnew programs and benefits for ourmembers. Liz has always ensured thatthe door of the SFVBA is open to themembership.” ~ Past SFVBA President Pattie McCabe
Liz is the type of person who makes my job the best job at the Bar. Liz, will youever forget the road trip to Pismo Beach?!~ Carol Madeja,
Director for The State Bar of California
“Liz is one of the most intelligent andcaring people that I know. To sum it up,she is great to work with.” ~ Jamshid Javidi, President of CEO
Computers (SFVBA IT Service Provider)
“Liz is the only person who can convinceour graphic department that designing"something conservative, but fun" isactually possible. I feel very fortunateworking with her.”~ Marina Senderov, Master Graphics Printing
“Beyond being an extraordinaryorganizer, administrator, and leader, Lizis an extraordinary diplomat. She manages to work with the widestrange of personalities to accomplishimportant projects. Given that shefrequently collaborates with judges andlawyers, this is no easy task. I know that if the bar has a job to get done, Liz is the one who will make sure it happens on time and on budget!” ~ Judge Alice Hill
“Liz is literally the "bridge" between thebench and the bar. She makes it allhappen. Her hard work and expertisehave been the key to the outstandingrelationship our lawyers and judgescurrently enjoy. ~ Judge Robert Schuit
HIS MONTH MARKS THE 15 year anniversary forSFVBA Executive Director
Elizabeth (Liz) Post. When Postfirst joined the San FernandoValley Bar Association, there wereonly 800 members. Through Post’s leadership, theBar has recruited over 2,100active members.
Post was hired by Former SFVBAPresident Fred Gaines. “She wasyoung, energetic and had animpressive educationalbackground,” says Gaines. “Hergreatest strength is her hardwork, creativity and the ability tocreate consensus for change (likeour new President Obama).”
A New York Native, Postgraduated from SyracuseUniversity in New York with abachelor’s in Political Science.She earned her master’s in PublicAdministration from New YorkUniversity.
After working for herCongressman in DC as hislegislative director, Posteventually relocated to LosAngeles to pursue her non-profitmanagement endeavors.
The SFVBA staff, members andaffiliates proudly salute Post forher commitment to excellence.
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From the Bar From the Affiliates
From the Youth“My mommy is the greatest and beautifullike a princess.” ~ Hannah
“Thanks Liz for your advice to mysometimes clueless new mommy.” ~ Alexander
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www.sfvba.org MARCH 2009 � Valley Lawyer 17
� SFVBA rents its Executive Boardroom and Small Conference Room fordepositions and hearings. Amenities include breakout room, beverage service, andfree parking. Only $150 per day.
San Fernando Valley Bar Association
Member Benefits
�As a member of the ABA's House of Delegates, SFVBA Members cantake advantage of the ABA Retirement Funds program, administeredby global leader State Street. The program provides full service, cost-effective retirement plan solutions to law firms of all sizes, andcharges no out-of-pocket fees for administrative services. For moreinformation see the program's prospectus at www.abaretirement.comor contact Plan Consultant Patrick Conlon at (617) 376-9326.
�Wells Fargo Insurance Services offers an exclusive Lawyers ProfessionalLiability insurance program for law firms of 1-10 attorneys. Call TerriPeckinpaugh at (818) 464-9353.
� Join Southland Credit Union and gain access to great interest rates on deposits and loans, no fee traveler checks, and more. Call (800) 426-1917.
� Bank of America offers members a no annual fee WorldPoints®
Platinum Plus® MasterCard® credit card program. To apply by phone,call (800) 932-2775; mention priority code FAA8O3.
� The SFVBA offers Fastcase, a comprehensive online law library, as afree service to all SFVBA members. Click on the Fastcase logo atwww.sfvba.org to enjoy unlimited usage, unlimited customer service and unlimited printing, all at no cost.
�Contact the SFVBA office to receive a package of discount coupons &membership cards for Southern California’s major theme parks and attractions.
�Now Messenger Service offers members who open new accountsa 5% discount off their current rates. Call (818) 774-9111.
�United Commercial Bank offers no account maintenance fee on checkingaccounts with minimum balances; lower fees on credit card merchant services;and Express Deposit Service enabling Members to scan checks at the officeand transmit the image to UCB for deposit. Call (818) 988-6668.
�Members save up to 15% off Hertz daily member benefit rates at participating locations in the U.S. and special international discounts are alsoavailable. Your SFVBA CDP #1787254 is the key. Visit hertz.com or call (800) 654-2200.
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From the Staff“Liz has inspired and encouraged me toachieve more than I could haveimagined. I’m now completing mymasters in public administration, justlike Liz did. If only she could have paid my tuition.” ~ Aileen Jimenez, ARS Consultant
“You might think she’s strictly by-the-book kind of person which is a goodthing considering we’re a BarAssociation but you should see her at a Bruce Springsteen concert or at aMets game or chasing Hannah!” ~ Linda Temkin, Director of Events
“Liz is not only a boss, but a dearfriend with very special qualities thatset her apart. Every now and thenyou’ll catch a glimpse of her east coastways, but I feel that a vast majority ofher heart is in the Valley.” ~ Rosie Soto, Director of Public Service
“It is truly a blessing to work for such awitty, humble and intelligent boss. Liz is a very inspirational role modelfor me in terms of public service, career and family.” ~ Angela M. Hutchinson, Communications Manager & Editor
“Liz has always been very supportive ofthe staffs’ continuing education andbecause of her flexibility I have beenable to go to night school and willeventually earn my paralegal certificate.I don’t know many bosses that makethose kinds of accommodations fortheir employees.”~ Gayle Linde, ARS Consultant
“I enjoy when Liz shares her familystories, especially the adventures withher Disney Princess Hannah!”~ Lucia Senda, ARS Consultant
“Liz is like my work mom; she can belight and funny but when she meansbusiness she means it.” ~ Jennifer Jimenez, Membership Coordinator
“The qualities that make Liz anexcellent mother, also make her anexcellent Executive Director. She isfiercely protective of the well being ofher charges, determined that both will have productive and financially securefutures, and that both will receive the proper measure of discipline and Happy Meals.” ~ Michele Morley, Consultant
22094_Vl_March Angela 2/17/09 1:31 PM Page 5
18 Valley Lawyer � MARCH 2009 www.sfvba.org
By Myer J. Sankary, Esq., CMCT
MCLE ARTICLE AND SELF-ASSESSMENT TESTBy reading this article and answering the accompanying test questions, you can earn one MCLE credit. To apply for the credit, please follow the instructions on the test answer form on page 23.
EGOTIATING IS ONE OF THEcore skills for all professionals.Many negotiators rely solely on
intuition and conventional wisdom, butfail to achieve their objectives, leavinglots of money on the table. Lawyers canbenefit from learning new perspectivesabout how to negotiate effectively usinga reasoned and systematic approachwhile maintaining awareness andproper use of the power of intuition.1
There are many interrelated aspectsabout negotiations that are studied andanalyzed in business schools that arenot taught in law school. For example,this article will discuss the four criticalstages of a negotiation that shed lighton how one can create a better strategyfor reaching your negotiationobjectives.
Other areas of study that areequally important include understandingand applying the new social science ofpersuasion to the art of negotiations;how to level the playing field withpower negotiators; how to make smartdecisions in the face of uncertainty;understanding the common mistakesthat derail negotiations; how to useemotions and psychology to gain anadvantage, and how to use theunderstanding of game theory toadvance your negotiation skills. This isa view of negotiations from experienced
practitioners who have conductedsuccessful negotiations in a variety ofsituations, including making deals,settling disputes, and winning in court.
Because negotiation strategies andtactics are so important, many lawyersare turning to negotiation coaches toassist them in planning a negotiationstrategy and implementing tactics. Acoach is an experienced negotiator whohas not only studied the extensiveliterature in the field, but has years ofpractical experience as a lawyer,mediator, and educator and can assistlawyers in advancing their negotiationskills.
We acknowledge that every lawyerknows how to negotiate – to a degree.Every salesman knows something aboutselling. Every manager knowssomething about running a company.But how many lawyers, salesmen andmanagers are truly successful andeffective negotiators. We negotiate everyday, with our family members (did youever negotiate with a three-year-oldabout bedtime or a teenager aboutstaying out late?), and we negotiatewith just about everyone we deal withevery day.
The problem is that our ownsuccess, even though sometimeslimited, oftentimes interferes with ourability to move to the next level to
becoming a more effective and efficientnegotiator. By becoming complacent,we will tend to slide backwards intocomfortable old habits that may haveworked in the past, but do not serve uswell in the future.
This article will introduce you tosome of the latest ideas aboutnegotiation strategies and tactics by twoHarvard Business school professors,2
Lax and Sebenius, and will provide aframework from which you can drawconsistently to increase the likelihoodthat you will be able to achieve yourobjectives either for yourself or for your client.
Lax and Sebenius persuasivelyargue that negotiators mistakenly focuson only one dimension at thenegotiating table of a “win-win” or“win-lose” approach to negotiations. Inreality, there are at least three majordimensions to more effective
N
There are four major phases, known as “SDTD”, in preparing for andparticipating in negotiations:
1. The Setup away from the table2. The Design at the drawing board3. The Tactical exchange at the table4. The Decision in the face of
uncertainty
www.sfvba.org MARCH 2009 � Valley Lawyer 19
negotiations plus a final stage of making a decision in the face of uncertainty whether to accept or reject the last andfinal offer or demand. Like an architect, the negotiator mustfirst plan the structure of the negotiations before he or shecan successfully build the components of a final agreement.
Your negotiating objective should focus on creating valueas well as claiming value with a view toward buildingrelationships and implementing an agreement that will besatisfactory for all parties, an agreement that everyone willwant to commit to and live up to the letter and spirit of theagreement. The most serious mistake a negotiator can makeis failure to implement a systematic strategy that incorporateseach of these vital components. In every negotiation, Lax and Sibenius suggest that there are three dimensions to keep in mind.
The Setup Consider what moves you can make away from the table to setup the most promising situation once you are at the table. The “Setup” entails planning to ensure that the right parties areinvolved, the right sequence, the right issues, the right set ofinterests, the right table or tables, the right time, under theright expectation, and having the correct understanding of theconsequences of walking away if there is no deal. (Rememberthere are times when no agreement is better than agreement.)
As you plan for your next negotiation, consider whoshould be at the table and what each of their interests are. Forexample, lawyers may represent the interests of their client, butthere is also an agenda that lawyers have that differ from thatof their client that may affect the deal.
Focus on interests, not positions. An “interest” is what a partyseeks to achieve by the negotiations and what he or she caresabout that is at stake in the process. It may or may not bemoney. When negotiating to purchase or lease real estate, priceis important, but the need for the property, its convenience, thetiming of occupancy, its utility for the buyer, amount of downpayment and future payments, improvements, modifications,etc. are all important elements to be considered when makingthe best deal. Whether a person is purchasing a home orcommercial property, many interests are in play for both thebuyer and seller. The skillful negotiator will consider both hisor her own interests as well as the interests of the other party.
Understand the importance of the “No-Deal” option! Acommon mistake by negotiators is the belief that they mustmake the deal at all costs. However, your ability andwillingness to walk away from a deal often will strengthen yourbargaining position. Sometimes you are better off not enteringan agreement. Suppose you are planning to buy a car from asalesman. Assume two situations. In one, you and your spousediscuss with the salesman that the car he has shown you haseverything you want, you are in urgent need of a car becauseyour clunker might not get you home, and you haven’t seenany other car that suits your needs as well as this one.
In the other situation, you and your spouse tell thesalesman that you have some doubt about whether the car hasall the features you want, that you have seen another car B at
another dealer who has offered you a lower price than whatthis salesman has offered, and you preferred the color of othercar. In which scenario will you more likely get a better deal?
Your analysis of the “No-Deal” option will prepare you todetermine whether or not there is a Zone of PossibleAgreement, the ZOPA, with your negotiating partner. If youhave a Better Alternative to this Negotiated Agreement (your BATNA) then you will know whether you are better off walking away from this deal. In fact, one of the mostimportant tools you have against a more powerful negotiator is your BATNA.
The importance of the Setup phase of the negotiatingprocess is to understand not only your own No-Deal optionbut also the No-Deal option of the other party. If you believethat the offer you are making will clearly be rejected by theother party, you have created a situation where the other party’sNo-Deal option will be better than what you are proposing.Hence, you have given the other party a powerful tool andincentive to walk away from this agreement. On the otherhand, in order to strengthen your own hand, you will want tolet the other party know the viability and desirability of yourwalk-away alternative. If the other party wants to make a dealwith you, they will have to make a proposal that is in the Zoneof Possible Agreement, or they will lose the deal.
The Use of Persuasion and Influence. Prepare in advance foryour face-to-face meeting at the negotiating table bydetermining how you might best use the six principles of
20 Valley Lawyer � MARCH 2009 www.sfvba.org
persuasion. These principles will guide you about how to bemore effective and influential in getting others to agree to yourproposals.
The Deal DesignGive consideration to all of the elements of the transaction,with attention to the needs and interest of all the parties.Negotiations is a process of creating value and claiming value – as well as a process of competing and cooperating.Negotiators frequently make the mistake that the only way toreach their objective is to act competitively to claim the largestshare of the fixed pie. Aggressive, competitive negotiators oftendo not get the best deal – they are ego-driven and concernedabout winning – claiming the largest share of the fixed pie.They missed the opportunity of increasing the pie for both parties.
By focusing on the Deal design, the negotiator’s attentionis drawn to the task of creating a bigger pie that can satisfy theneeds and interests of both parties with the objective that eachparty will benefit more from the terms of the deal. Lax andSebenius suggest that using a drawing board metaphor wherethe negotiator views the task at hand not as one to divide afixed pie, but rather as a joint effort to move northeast – alandscape image where the parties find agreement by eachmoving to maximize and satisfy their needs and interests. “Ifnorth is the direction that I want to go, and east is thedirection you want to go, then moving northeast may be a veryattractive option. In fact, it may be the best option for allparties, better than any of them could do on their own
MOVING NORTHEAST – FINDING A BETTER SOLUTIONFOR BOTH PARTIES BY INCREASING THE PIE. STARTWITH UNCOVERING THE DIFFERENCES THAT WILLMAKE FOR THE BEST TRADEOFFS. (E.g, the story of the twosisters who both want the one orange. How can they maximizetheir interest?)
Deal design is all about finding creative ways to increasethe pie for you and the other party. Although it may seemcounterintuitive, the parties should probe to find how theirinterests are different, so that they can find ways to makeexchanges that allow for one side to give something of lowinterest to him/herself but of high value to the other side. In
• Member of the SFVBA Board of Trustees since 2002
• Experienced in handling Appellate, Federal and State Criminal Cases
• Certified Criminal Law Specialist, Certified by the Board of LegalSpecialization of the State Bar of California
SEYMOUR I. AMSTER
6320 Van Nuys Boulevard, Suite 300Van Nuys, CA 91401
• Complex, contested, and collaborative family law matters
• Mediations
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International Academy of Collaborative Professionals
• Professor of Law:
Southern California Institute of Law
California State University, Northridge
Sperling & Associates 5743 Corsa Avenue, Suite 116Westlake Village, CA 91362(818) 991-0345 • [email protected]
www.sfvba.org MARCH 2009 � Valley Lawyer 21
short, look for ways to dovetail differences to create value. Notonly should you look for common ground, but you shouldcreate value from differences of interest among the parties.
In developing the design for the deal, consider maximizingthe net “value pie” that is available to the parties. The net valueis that remaining after costs (legal fees, delays, investment oftime of the parties) have been accounted for. In buildingconsensus, it is helpful to compare the overall value created byyour northeast moves with the value that was available beforethose moves. The overall value relative to those compromisesshould be greater than your starting point, and definitely betterthan the no-deal alternative. The final deal should incorporatethe highest net value and the lowest net cost to the parties.
Examples of this type of exchange is found in the case ofselling a business where the Seller places a higher value on thebusiness and the Buyer places a lower value, each having adifference in projection of future earnings. Using the “earn-outcontingency,” the seller pays less if the earnings do not meetexpected levels, but pays more if they do.
Structured settlements is another example of bringing theinterests of the parties together by exchanging values – theplaintiff wants higher long term monthly payments over timebut the insurance company wants to pay less up front to settlethe case. The structured settlement meets the needs of bothplaintiff and the insurance company.
Tactics at the TableWhat moves will you make when facing the other side at thetable, what information will be exchanged, how will you treatthe other parties, and what tone and attitude will you use. Inthis phase of the negotiations you are trying to claim value.What tools will you use to maximize your claim?
Using Distributive Bargaining. Your opening demand oroffer will set the tone and guide you through the next movesyou will make to reach your objective. How much should youoffer or how much should you demand? In the Setup phaseyou should have considered the value of your claim, or thevalue of the business your client wants to purchase. You willthen make an offer or demand that will maximize youropportunity to claim value. But the challenge is to make theproposals within the Zone of Possible Agreement (ZOPA). “Youwill want to shape perceptions to claim value.”
Your minimum [----------------------------------] Their maximumZone of Possible Agreement
The ZOPA is that range of possible of agreement in whichit is better for both sides than the no-deal option. You willwant to influence the other person’s perception of what isacceptable to you. Ideally, as seller, you will want to end upwith a price close to their maximum and as buyer, you willwant to pay the minimum that is acceptable to them.
Framing is an important part of the psychologicaladvantage you can gain by framing the transaction in a waythat favors your position. In a series of studies, theinvestigators found that negotiators who focus prior to thenegotiation on what they hope to achieve do better in price
22 Valley Lawyer � MARCH 2009 www.sfvba.org
1 Many new publications by psychologists promote the advantages aswell as the drawbacks of using intuition. See David Myers, “Intuition,Its Powers and Perils,” (Yale U. Press, 2002); Gerd Gigerenzer, “GutFeelings; The Intelligence of the Unconscious,” (Viking Penguin,2007); Gary Klein, “The Power of Intuition,” (Currency, 2003);Malcolm Gladwell, “Blink,” (Back Bay Books, 2005).
2 “3 D Negotiations; Powerful Tools to Change the Game in Your MostImportant Deals,” by David Lax and James Sebenius (HarvardBusiness Press 2006)
negotiations than those who focus on what they hope to avoid.This suggests that you should approach the negotiationsconsciously setting your target where you want to end up.Your target should be ambitious – try to hit the best targetpossible – this will generally encourage you to use more effortin all aspects of your negotiations.
Your opening offer or demand should be just above themost that the other side might be willing to pay. Then you willhave room to make concessions that will lead to the ZOPA.(It is essential that you have made a demand sufficiently highor an offer that is sufficiently low so that you have room tomake credible concessions so that you activate the reciprocityprinciple.)
Should you make the first offer or demand? Yourjustifiable concerns are that if you do not make the demandambitious enough, you will leave money on the table. But ifyou are too aggressive, then you will offend the other side,damage your credibility, adversely affect the relationship, andpossibly derail the negotiations. What to do? If you do nothave enough information to know the true value of what youare seeking, you may want the other side to make the firstoffer. On the other hand, if you are confident in the amountyou should pay or accept for any transaction, then you cangain an advantage by making the first offer that is ambitiousbecause you will be taking advantage of a psychologicalprinciple known as “anchoring.”
Decision in the Face of UncertaintyIn many studies, people who must make a decision in the faceof uncertainty are influenced by the numbers offered by thosewho have an interest in the transaction. Whether to accept afinal offer of settlement in a lawsuit requires the offeree tomake a decision not knowing for certain whether he will dobetter by going to trial. One must calculate the probability ofwinning and deduct the costs of litigation and compare thisnumber against the settlement offer. By making the firstproposed demand or offer you have established an anchorwhich can influence the outcome in your favor.
When an anchor is introduced into the negotiation, it canshift perception of the ZOPA in its direction, therebyincreasing the likelihood that a final agreement will drifttoward the anchor. The result is that a final agreement willfavor the one who dropped the first anchor. (A word ofcaution! If you are unable to provide any reason orjustification for your aggressive proposal, the anchor will beineffective and may indeed sink your cause. Such a move canbe counterproductive because you will lose credibility andappear to be unreasonable. Studies have confirmed that givinga reason for your request will substantially increase thelikelihood that the other side will accept the validity of yourrequest.)
ConclusionThis discussion is only a beginning toward advancing yournegotiation skills. It is worth spending your time reading someof the latest literature on negotiations. One of the best sourcesof short articles on a variety of topics is the Negotiationmonthly newsletter from the Harvard Program onNegotiations. Also, an excellent recent book on negotiation forlawyers is Barry Goldman’s “The Science of Settlement” (2008ALI/ABA). Another good way to get ahead of the game is toconsult with an expert negotiating coach. You can become awinner at the negotiation game by applying effort and learningfrom others.
Myer Sankary is an expert negotiatingcoach with 42 years of experience in law. He is Chair of the SFVBA Mandatory FeeArbitration Program and a member of theState Bar Committee on MFA. Sankarygraduated Harvard Law School in 1965and is now a full time mediator with ADRServices, Inc. Sankary can be contacted at(818) 231-2965 or [email protected].
MARCH 2009 � Valley Lawyer 23
11.. Negotiation is one of the core skills for allprofessionals.
TrueFalse
22.. Many negotiators rely solely on intuition andconventional wisdom but succeed anywaybecause they are lucky.
TrueFalse
33.. Lawyers would benefit from studyingnegotiations strategies taught in businessschool and include in their studies how toapply the social science of persuasion.
TrueFalse
44.. Negotiation success oftentimes interfereswith our ability to move to the next level tobecoming a more effective and efficientnegotiator because we become complacent.
TrueFalse
55.. Negotiators should focus on only a “win-win” or “win-lose” approach tonegotiations.
TrueFalse
66.. Lax and Sebenius suggest that there arethree major dimensions to more effectivenegotiations plus a final stage of making adecision in the face of uncertainty.
TrueFalse
77.. Negotiating objective should focus more onclaiming value than creating value in orderto satisfy your client’s interest.
TrueFalse
88.. The most serious mistake a negotiator canmake is the failure to implement asystematic strategy that incorporates thevital components of setup, deal design andtactical execution.
TrueFalse
99.. The Setup is the stage when you figure outhow you can best take advantage of youropponent and create enough pressure toextract the biggest concessions.
TrueFalse
1100.. Proper planning ensures in advance all ofthe following are in place beforenegotiations begin: that the right parties areinvolved, the right sequence of events, theright issues, the right set of interests, theright time, the right expectation, and theright type of food to be served for dinner.
TrueFalse
1111.. When negotiating, you should never walkaway from a deal, because a pooragreement is always better than noagreement at all.
TrueFalse
1122.. Lawyers may represent the interests of theirclient, but there is also an agenda thatlawyers have that may differ from that oftheir client that can affect the deal.
TrueFalse
1133.. A good negotiator should focus more ontheir client’s bottom line than the interestsof a party, because the only thing a partyshould care about is getting the maximumamount of money possible.
TrueFalse
1144.. The skillful negotiator does not need toconsider the interests of the other partybecause the interest of the other party doesnot matter in getting the best deal for theirclient.
TrueFalse
1155.. Your ability and willingness to walk awayfrom a deal often will strengthen yourbargaining position because sometimes youare better off not entering an agreement.
TrueFalse
1166.. The ZOPA is the zone of probable action thatwill be required for achieving a successfuldeal.
TrueFalse
1177.. Knowing your BATNA is helpful because itwill help you to know whether you will bebetter off walking away from the deal that isoffered to you.
TrueFalse
1188.. Negotiation is a process of creating valueand claiming value as well as a process ofcompetition and cooperation.
TrueFalse
1199.. Aggressive competitive negotiators alwaysget the best deal for themselves and theirclients because they intimidate theiropponents.
TrueFalse
2200.. To move northeast is a way of describing anegotiating objective where the parties findagreement by each moving to maximize andsatisfy their needs and interests byincreasing the pie and claiming a fair share.
TrueFalse
MCLE Answer Sheet No. 9
INSTRUCTIONS:1. Accurately complete this form.2. Study the MCLE article in this issue.3. Answer the test questions by marking the
appropriate boxes below.4. Mail this form and the $15 testing fee for
SFVBA members (or $25 for non-SFVBAmembers) to:
San Fernando Valley Bar Association21250 Califa Street, Suite 113Woodland Hills, CA 91367
METHOD OF PAYMENT:❐ Check or money order payable to “SFVBA”❐ Please charge my credit card for
$_________________.
________________________________________Credit Card Number Exp. Date
5. Make a copy of this completed form for yourrecords.
6. Correct answers and a CLE certificate will bemailed to you within 2 weeks. If you haveany questions, please contact our office at(818) 227-0490, ext. 105.
Name______________________________________Law Firm/Organization___________________________________________________________________Address____________________________________City________________________________________State/Zip____________________________________Email_______________________________________Phone______________________________________State Bar No.________________________________
ANSWERS:Mark your answers by checking the appropriatebox. Each question only has one answer.
1. ❐ True ❐ False
2. ❐ True ❐ False
3. ❐ True ❐ False
4. ❐ True ❐ False
5. ❐ True ❐ False
6. ❐ True ❐ False
7. ❐ True ❐ False
8. ❐ True ❐ False
9. ❐ True ❐ False
10. ❐ True ❐ False
11. ❐ True ❐ False
12. ❐ True ❐ False
13. ❐ True ❐ False
14. ❐ True ❐ False
15. ❐ True ❐ False
16. ❐ True ❐ False
17. ❐ True ❐ False
18. ❐ True ❐ False
19. ❐ True ❐ False
20. ❐ True ❐ False
MCLE Test No. 9This self-study activity has been approved for Minimum Continuing Legal Education(MCLE) credit by the San Fernando Valley Bar Association (SFVBA) in the amount of 1hour. SFVBA certifies that this activity conforms to the standards for approvededucation activities prescribed by the rules and regulations of the State Bar ofCalifornia governing minimum continuing legal education.
24 Valley Lawyer � MARCH 2009 www.sfvba.org
www.sfvba.org MARCH 2009 � Valley Lawyer 25
THE STATE BAR OF CALIFORNIA’SCOMMITTEE ON MANDATORY FEE ARBITRATION
INVITES THE SAN FERNANDO VALLEY BAR ASSOCIATION TO ATTEND
FEE ARBITRATOR TRAINING
Wednesday April 29, 200912:00 noon - 3:00 p.m.
San Fernando Valley Bar Association21250 Califa Street, Suite 113
Woodland HillsAmple Free Parking
FREE MCLE CREDIT AND LUNCH
This training session is offered to all volunteers who arbitrate attorney-client fee disputes for the Mandatory Fee Arbitration Programs through
the San Fernando Valley Bar Association and/or the State Bar of California. Persons interested in becoming fee arbitrators are also invited.
Speakers will address recent developments in fee arbitration and other important topics such as:
Writing an Enforceable Award Statute of Limitations
Effect of Conflicts of InterestArbitrator Disclosure Requirements
Controlling the Proceeding
Your support and continuing education have been critical to the Program’s success. Please take this opportunity to stay abreast of recent developments in the area
of fee arbitration.
MCLE CREDITMembers of the State Bar of California will receive Mandatory Continuing Legal
Education credit for a total of 2.75 hours (1.75 hours general credit and 1.0 hour Legal Ethics credit)
The State Bar of California is a State Bar of California MCLE approved provider.
To reserve a space or to apply for the SFVBA Fee Arbitrator Panel,contact SFVBA Member Services Coordinator Jennifer Jimenez at
For additional information, please call Jill Sperber (415) 538-2023 at the State Bar.
26 Valley Lawyer � MARCH 2009 www.sfvba.org
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HE SANTA CLARITA VALLEY Bar Association just had a verysuccessful Winter Mixer at El
Torito Restaurant in Valencia. Therewere nearly 60 lawyers along with threelocal judges who showed up to mingleand learn more about their colleagues.To view some pictures from the event,please visit the Santa Clarita Valley BarAssociation’s website at www.scvbar.org.
On February 19, Santa Clarita SiteJudge Graciela Freixes addressed theassociation about many issues facing thejudiciary, including a huge recruitmentproblem. The economy is affectingeveryone, and the judges are notimmune from the State’s budgetarywoes. Judge Freixes also addressedsome local issues affecting the localSanta Clarita courthouse.
Meetings are held monthly at theTournament Players Club in Valencia;the address is 26550 Heritage ViewLane. (To learn more about thebeautiful facility, please visit theirwebsite at www.tpcvalencia.com.) Inorder to attend any of the SCVBAmeetings, please visit www.scvbar.org to RSVP.
The SCVBA had some veryinteresting programs on deck. OnMarch 19, Judge Alan Haber will bediscussing effective mediationtechniques with the membership. Thispresentation will be a dinner meeting.Networking begins at 6:00 p.m., withthe presentation and dinner to follow at6:30 p.m.
On April 16, Scorpion Web Designwill be leading a very excitingdiscussion regarding effective law firmwebsite design. For the last severalyears, Scorpion Web Design hasprovided excellent web site designservices exclusively for lawyers. Theyreally understand the industry and
how clients approach the Internet.Scorpion will be discussing how tomake sure your website is as effective asit can be.
From basic site design to back-endsite management, this lunchpresentation promises to provide somegreat insight to the new advertisingfrontier a law practice must master tothrive during the information age.Networking begins at 11:30 a.m. andthe presentation and lunch begins at noon.
On May 21, another dinnermeeting will focus on the latesttechnology to hit our courtrooms.Those wishing to present cases more
effectively in court, and perhaps betterhold a jury’s attention, may wish toattend this informative presentation onthe latest technologies available.
The SCVBA is still working onprograms for the rest of the year, butsome exciting topics are in the pipeline.New ideas are always welcome. Onceagain, everything is subject to change somembers and friends are encouraged tocheck the website for the latestinformation.
To be on the SCVBA email list,please email [email protected]. Toreceive monthly postcard reminders,please email mailing information [email protected] or call (661) 287-3260.
www.sfvba.org MARCH 2009 � Valley Lawyer 27
Highlighting Upcoming SCVBA Events
Santa Clarita Valley Bar Association
ROBERT
MANSOUR
SCVBA President
T
28 Valley Lawyer � MARCH 2009 www.sfvba.org
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EMPLOYMENT LAWYERS GROUPTerminations • Sexual Harassment • DisabilityPregnancy • Medical Conditions • Unpaid Wages & Commissions • Referral Fees Paid per State Bar Rules • 15 Years in Sherman Oaksdoing Labor Law; near 100% Success Rate •Contact Karl Gerber (818) 783-7300.
IMMIGRATION & TAXATIONDeportation/Removal Proceedings: Write/Assistwith briefs to Immigration Courts, Appeals to BIA& Federal courts. IRS Representation, TaxReturns, payroll taxes, W-2s, 1099s. Licensed inNY & CA. Valerie Ibe (818) 346-8777;[email protected].
EXPERTSTATE BAR DEFENSE & PREVENTATIVE LAWFormer: State Bar Prosecutor; Judge Pro Tem.LegalMalpractice Expert, Bd. Certified CA & ABA. BS,MBA, JD, CAOC, ASCDC, A.V. (818) 986-9890Fmr. Chair SFBA Ethics, Litigation. PhillipFeldman. [email protected].
SPACE AVAILABLE
ENCINOVery large office with view of Valley on VenturaBoulevard. Many amenities. Option to convert to 2smaller offices. Friendly atmosphere. Call Lisa orRocky (818) 788-3270.
RESEDA1500 sq. ft. facility for rent in San Fernando Valley.4 offices built in, 2 private new restrooms, excellentparking and signage, one-story building. $1.65 sq.ft. (818) 769-9703.
VALENCIAOffices and secretarial bays for sublease in new ClassA building. Easy freeway access (Valencia Blvd. and 5 Freeway). Amenities include above standardbuild out, shared use of 2 conference rooms,reception services, T1 Internet. (661) 288-1000 [email protected].
WOODLAND HILLSCorner window office 18'x18' with adjoining14'x14' secretarial area and one 11'x14' windowoffice available in terrific penthouse suite on VenturaBlvd. Great views. Receptionist, library, kitchen andconference rooms. Call Jim (818) 716-7200 x. 141.
As of November 1, 2008, Attorneys/CPA are offeringlarge corner window office for rent (sublease) plusreception space in prime Woodland Hills area on Ventura Blvd. to attorney whose practice includesbusiness/employment/landlord/civil litigation.Attorney must be an experienced litigator andwilling to take on referral business from existingattorneys in the office. Office includes reliable fastT1 internet line access, shared extensive legalresearch liability, “A” building, photocopier withemail scanner, easy parking for clients, easy freewayaccess, well kept grounds and building, otheramenities. [email protected]. Or call(818) 227-5648.
Share office space at 20700 Ventura Blvd., Ste. 220. $1,000/mo. Window offices available.Secretarial bay. Available immediately. Call (818) 992-6588.
SUPPORT SERVICES
NOTARY OF THE VALLEYTraveling Notary Public. 24 hours-7 Days.Attorneys’ Office • Clients’ Office • Homes Hospitals• Jails. David Kaplan (818) 902-3853 SFVBA Assoc.Mbr. www.notaryofthevalley.com.
HIGH-CONFLICT COUPLES COURT MANDATED SERVICES
Certified by L.A. Superior Court, Renee Leff, J.D., MFT, FSCIPP, offers high conflict co-parenting classes that satisfies court-mandatedcertification requirements for couples. Offices in Woodland Hills and Tarzana. Call Renee Leff(818) 734-9602.
FOR SALE
OFFICE FURNITURE
Law Library, four drawer filing cabinets, desk,chairs, etc. Call Walter Krauss at (818) 906-0775.
All classified ads must be submitted typed andreceived by the first day of the month precedingpublication. Mail contract and first monthpayment (downloadable from www.sfvb.org) to Valley Lawyer, 21250 Califa Street, Ste. 113,Woodland Hills, CA 91367 or fax to (818) 227-0499. Call Liz Post for information on display advertising at (818) 227-0490, ext. 101.
CLASSIFIED ADVERTISING RATESPrice Per Issue
www.sfvba.org MARCH 2009 � Valley Lawyer 29
30 Valley Lawyer � MARCH 2009 www.sfvba.org
Calendar
The San Fernando Valley Bar Association is a State Bar of California MCLE approved provider. To register for an event listed on this page,please contact Linda at (818) 227-0490, ext. 105 or [email protected].
Attorney Marshall Oldman of Oldman Cooley willdiscuss the ins and outs of No Contest clauses.
MEMBERS NON-MEMBERS$35 prepaid $45 prepaid$45 at the door $55 at the door1 MCLE HOUR
Small Firm & Sole PractitionerSection
Nuts and Bolts ofRemedies PracticesMARCH 1112:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLS
Attorneys Mark Share and Michael Abrams willdiscuss the nuts and bolts of Remedies Practices inan unpredictable economy.
MEMBERS NON-MEMBERS$30 prepaid $40 prepaid$40 at the door $50 at the door1 MCLE HOUR
Litigation SectionHow to Economize theCost of Litigation
MARCH 196:00 P.M.SFVBA CONFERENCE ROOMWOODLAND HILLS
Judge Michael Hoff, Ret. will outline the ways inwhich you can minimize the high costs of litigationand discuss alternative resolution solutions.
MEMBERS NON-MEMBERS$35 prepaid $45 at the door$45 at the door $55 at the door1 MCLE HOUR
Family Law SectionFamily Law JudgmentProcessing MARCH 235:30 P.M.MONTEREY AT ENCINO RESTAURANTENCINO
Mike Braverman and Carl Bushell, LASC FamilyLaw Clerks Extraordinaire, will review the ins andouts of judgment processing.
MEMBERS NON-MEMBERS$45 prepaid $55 prepaid$55 at the door $65 at the door1 MCLE HOUR
Business Law, Real Property &Bankruptcy SectionForeclosure DefensesMARCH 2512:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLS
Nathan Fransen of Fransen & Molinaro, LLP willdiscuss foreclosure defenses using the Truth inLending Act as well as predatory lending issues.
MEMBERS NON-MEMBERS$30 prepaid $40 prepaid$40 at the door $50 at the door1 MCLE HOUR
Women Lawyers SectionCreating a BiggerPresence on the Web
MARCH 1712:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLS
What does it mean to have a web presence? LegalMarketing Specialist Deborah Downs will walkattendees through the critical steps. Sponsored byLexisNexis.
MEMBERS NON-MEMBERS$15 prepaid $25 prepaid$25 at the door $35 at the door
Workers’ Compensation Section
Ogilvie, Almazar/Guzman andBenson: Comp Law vs. theLaw of Uncertainty
MARCH 1812:00 NOONMONTEREY AT ENCINO RESTAURANTENCINO
Theodore Hanf of Kegel, Tobin & Truce will discussthese latest en banc decisions by the CaliforniaWorkers' Compensation Appeals Board concerningthe 2005 Permanent Disability Rating Schedule.
MEMBERS NON-MEMBERS$35 prepaid $45 prepaid$45 at the door $55 at the door1 MCLE HOUR
Santa Clarita Valley Bar AssociationEffective MediationTechniques
MARCH 196:00 P.M.TOURNAMENT PLAYERS CLUBVALENCIA
Judge Alan Haber will be discussing effectivemediation techniques with the membership.
MEMBERS NON-MEMBERS$40 prepaid $50 at the door$50 at the door1 MCLE HOUR
Criminal Law SectionFingerprint and DocumentExamination in CriminalCasesMARCH 246:00 P.M.UNCLE CHEN RESTAURANTENCINO
Kurt. E. Kuhn, former Senior Forensic Specialist for the Beverly Hills Police Department, will discussfingerprint examinations which can include crimescene investigations as well as the processing ofitems for fingerprint evidence in the laboratory. He will also review how document examination is precisely used in the determination of theauthenticity of a signature as well as in thedetermination of addition or page replacements in documents, and the detection of alterations,obliterations and/or erasures.
MEMBERS NON-MEMBERS$35 prepaid $45 prepaid$45 at the door $55 at the door1 MCLE HOUR
