Law Practice Management and Technology Section

News from the Section

  1. Chair's Message
  2. New LPMT Section Member Benefit! 4 Hours of Free MCLE in Legal Ethics in 2014
  3. Did You Know . . . Tech Tips?
    (a) PowerPoint
    (b) Worldox
  4. Did You Know . . . ?
    (a) Time Management Tip-Use of Your Workspace
    (b) Don’ts and Do’s for a Business-like Law Firm
    (c) Changes in the Law -- 2014
    (d) Arbitration Provisions in Attorney-Client Agreement
    (e) Admission to State Bar-Undocumented Immigrant
    (f) Access to Statistics of Bar Exam Takers
    (g) Flexible Spending Accounts (FSA)
    (h) Court Offers Live Audio Streaming of All Proceedings
    (i) Court of Appeal Mandates E-filing -- Free Training Available 1/31/14
  5. In Future Issue of The Bottom Line/eTBL
  6. Archived Articles from The Bottom Line
  7. Inside the State Bar Website
  8. Executive Committee News
  9. Solo SummitCalifornia Solo and Small Firm Summit, June 19-21, 2014, Newport Beach Marriott Hotel & Spa, ,
    Newport Beach
  10. Educational Opportunities-LPMT Webinars
    1. Seminar Replay: eDiscovery and Ethics: What Attorneys (and Clients) Need to Know, Thursday, May 8, 2014, 12 noon - 1 p.m.
    2. Webinar: Technology Tips for the Litigator -- Formats for the Production of E-Discovery and Why It Matters, Wednesday, May 14 2014, 12 noon - 1 p.m.
    3. Seminar Replay: Ethical Attorney Advertising and Solicitation in the Social-Media Age, Thursday, June 12, 2014, 12 noon - 1.30 p.m.
    4. Webinar: Technology Tips for Taking and Using Depositions, Wednesday, June 25, 2014, 12 noon - 1 p.m.
    5. Seminar Replay: High-Tech Crimes & Misdemeanors: eDiscovery & Forensics in Criminal Matters, Thursday, July 10, 2014, 12 noon - 1 p.m.
    6. Webinar: Technology Tips for Presenting Your Case at Trial, Wednesday, July 30, 2014, 12 noon - 1 p.m.
    7. Seminar Replay: 24 Free Legal - Related Websites in 60 Minutes, Thursday, August 14, 2014, 12 noon - 1 p.m.
    8. Webinar: Technology Tips for the Litigator on Using Adobe Acrobat, Wednesday, October 1 2014, 12 noon - 1 p.m.
  11. Online CLE
  12. Benefits for Members
  13. 2014 Annual Meeting of the State Bar-San Diego
  14. Future State Bar Annual Meetings

1. Chair's Message from the January/February 2014 eNews

Happy New Year!

Welcome to the January issue of the LPMT eNews. As usual, this issue of the eNews is filled with tech tips, ways to manage your law practice and ways to make your practice more efficient. Great for your law practice but what about you? As a solo practitioner, I understand the constant demands that legal professionals face- filing deadlines, complying with discovery requests, preparing for trial, keeping our clients happy, etc. This is the life of a lawyer, not much we can do about that, but we can do things that will make us more focused, better and happier practitioners!

I know that you don’t have the time to read yet another lengthy article about taking care of yourself, so here are 4 suggestions which I am sure you have heard before but I believe they are worth repeating.

1.  Food-eliminate processed foods, sugar and junk food from your diet. In a rush, opt for fresh salads with lean protein.

2. Exercise-Simple things such as going for a 15 minute walk during your lunch break and stretching at your desk will go a long way.

3. Take a mental break-Unplug for 15 minutes at least twice during your work day. Listen to music, meditate, laugh, just do something that you enjoy.

4. Smile-Yes, just sit at your desk and smile! Do it and you will notice how good you feel! That’s it, here’s to a happier, healthier you!

Thank you to the contributing authors and the e-News committee for your contributions. Thank you to the members of LPMT, I hope that you enjoy the articles and all of the many benefits that being a member of this section has to offer. Consider getting more involved, we are always looking for articles for our two publications, The Bottom Line and the E-News. If you are interested in serving in a leadership capacity, consider applying for a position on the Executive Committee, the application deadline is February of each year. (Click here to read more about the appointments process http://cc.calbar.ca.gov).

Best,

Tangela
Tangela D. Terry, Chair, LPMT
tangela@tangelaterry.com

4 Hours of Self-Study CLE in Legal Ethics -- Complimentary for Members of the LPMT Section!

As a 2014 benefit of Section membership, we are pleased to offer four hours of MCLE credit in the field of Legal Ethics. That's enough to fulfill the Ethics requirement.

The Section thanks you for your membership!If you were purchasing these courses individually in our Online Catalog, they would cost $140 -- so that's your Section membership more than paid for, and then some!

Just watch these programs, and keep a record of having done so in the event you're audited for MCLE compliance.

You can access these programs and the accompanying written materials any time this year in the Members Only Area.

The programs are:

  • Avoiding the State Bar Disciplinary System
  • Client Trust Accounting Fundamentals
  • Ethical Implications for Lawyers in Cyberspace and Social Media
  • Ethics and Civility: Want an Extension? Forget about It!

3. Did You Know . . . Tech Tips?

(a) PowerPoint:

LPMT Section member, attorney, Michael Kelleher, discusses using PowerPoint when making a case presentation at trial:

Case Presentation Tip Using PowerPoint
By Michael Kelleher

Picture this: You’re in the midst of a PowerPoint presentation in trial, and the judge interrupts your argument to ask a question. You have the answer and a nicely designed graphic on a slide to go with it -- but that information is toward the end of your presentation. Trying not to appear flustered, you scroll through dozens of slides in search of the one you need.

There is a better way to navigate your slide-based presentations and to jump between different points in your argument, and that is by creating a hyperlinked navigation system for PowerPoint (or Keynote for Mac).

Below, I explain the steps for doing this. If you’d like to see screenshots and a short video tutorial, you can go my blog post at bit.ly/1drMrjM.

  1. Create new slides for your navigation menu and any submenus. On these slides, list the topics or keywords that will let you jump to the desired points in your presentation. This menu forms the basis of your navigation system and acts as a home page. You will use these topic headings to create hyperlinked buttons that allow you to access the slides related to that topic.

  2. Insert and edit hyperlinks that link your main menu and submenu buttons to the slides in your presentation. For PowerPoint, follow these steps (doing this in Keynote is similar):

    • In Normal view, select the text or the object that you want to use as a hyperlink.

    • On the Insert tab, in the Links group, click Hyperlink.

    • Under Link to, click Place in This Document.

    • Link to a slide in the current presentation: Under Select a place in this document, click the slide that you want to use as the hyperlink destination.

  3. Create a Back button for each slide, which returns to the main navigational menu. When you have multiple menus and/or submenus, your back buttons need to go back to the right menu or submenu. Color-coding back buttons that go to different areas (e.g., blue goes to the summary judgment navigation menu, and white goes to the claim construction menu) will help you keep it all straight as slides are edited and rearranged just before the hearing.

About the Author:
Michael Kelleher, a registered patent attorney and partner of Cogent Legal, was formerly a litigation partner at the San Francisco firm of Folger Levin & Kahn where he litigated IP and other complex business cases for 16 years. Cogent Legal develops state-of-the-art litigation graphics, provides courtroom technology support and consults on trial strategy to help attorneys prepare and present their cases. Kelleher blogs frequently about trial tech and law practice management tips at Cogent Legal’s blog at http://www.cogentlegal.com/blog.

(b) Worldox:  

Special Advisor Neil Quatemen provides a time management tip to manage the documents on your desk by using the Worldox document management program. See below for the tips offered by Neil Pedersen to make efficient use of your workspace.

Another Step Towards Time Management by using Worldox
By Neil Quateman

I'd like to springboard off of my colleague Neil Pedersen's remarks in this issue of the eNews about time management when he said, "Keep only essential papers on your desk; and arrange the papers on your desk so they can be accessed without delay." If your firm uses the Worldox document management program, we can use those ideas and notch it up a step.

The tip we'll discuss combines the use of two features. One is File Stamping, which puts the document number (or a variety of other pieces of information) into the footer of your document. The other feature is the Worldox Location Bar, which is a speedy method of calling up one or more documents instantaneously.

Worldox can put information into the footer of your documents either by default when a document is saved, or manually using the commands in the menu bar or ribbon of your word processor. It isn't a requirement to have the document number in the footer, but having it appear on the hardcopy of your work lets you open the electronic copy immediately. Even if you don't use information in your footers, the document number is still visible in Worldox, and makes identifying specific documents to yourself or your coworkers easy and efficient.

Screenshot of Worldox, noting that Documnt Numbers are available in Worldox, and can be handy to use, even if you don't put them in the footer of your documents.
Let's assume that we're going to take Mr. Pedersen's advice, and identify the documents that you need to work on, and want to have them readily accessible. Let's further assume that you have made a note of the document number for each of those documents before you leave for lunch, or at the end of the day. Now you arrive back at the office, and want to access those documents. You can enter the document number, or multiple numbers, into the Worldox Location Bar. If there's more than one document, you can separate the document numbers with the word "or", which will bring up a list containing just those documents. In this example, your document numbers are 2537, 2529, and 2157.

Screenshot of Worldox, showing document numbers in the location field.

Once the documents are in the Worldox list, you can choose to open one, some, or all of them by putting a check mark on each document that you'd like to open, and then double clicking.

Screenshot of Worldox, showing documents chwecked for opening.
As Neil Pedersen says, saving time each day can have an impact on both your service to your clients, and also on the financial results of your work.

About the Author:
Neil Quateman is the founder of Beyond Management LLC in Los Angeles, California. The firm provides software support and training for law firms. Neil has been a voting member, and is currently serving as a special advisor on the executive committee of the Law Practice Management and Technology section of the State Bar of California. He can be reached at nquateman@beyondmanagement.com, or 310-746-2343.

4. Did You Know . . . ?

(a) Time Management Tips 

Executive Committee Member, Neil Pedersen, brings us another time management tip, from “Ten Steps to Better Time Management for Busy Lawyers,” part of the curriculum for his law practice management class at Western State College of Law. The second segment discusses the efficient use of your workspace.

Time Management - Efficient Use of Your Workspace to Save Time and Money
By Neil Pedersen

Each month we intend to address the issue of how to manage our most valuable asset -- time. Last month we talked about using a to-do list as a primary time management tool. This month, the focus is on how some preparation of your workspace before the day begins can pay off in substantial time savings.

One published survey of office workspace issues concluded that a person who works with a messy or cluttered desk spends, on average, 1.5 hours per day looking for things. You know those people. You may be one of those people. Their mantra is “I know where everything is on this desk” and they (you) demonstrate it by searching and finding in one of many stacks, the document they need. However, the search time adds up. The cumulative effect of an additional one or two tenths of an hour in search of documents is large. Here are a few basic tips to avoid this:

  1. Keep only essential papers on your desk. If you will not need the document on the desk for the day’s work, it is not an essential paper.

  2. Arrange the papers on your desk so they can be accessed without delay. The general rule: You should be able to find and grab a needed document, while seated in your chair, within 10 seconds.

  3. Each evening, assess whether each document on the desk needs to still be there. If not, send it off to filing to access on another day when you will use it. Do not use your desk or credenza as a storage shelf.

  4. Always leave plenty of work space on the desk. It is far less efficient to work off of a corner of your desk or your lap because your desk is too cluttered.

  5. Have note pads, pens, other office essentials at your easy reach.

  6. Before leaving for the day, make sure all of the documents you will need to achieve your next day plan are available.

It is best to do these things at the end of the day after you have prepared a to-do list for the following day. However they can be done at the very beginning of the work day as well. Try it. You will find that you feel far more organized and you will pick up several minutes every day. Remember - time truly is money in our profession!

About the Author:
Neil Pedersen is the principal of Pedersen McQueen APLC, a firm that represents employees who have been subjected to workplace harassment, retaliation and discrimination. Neil, a 25-year litigator, also teaches Law Practice Management and Technology at Western State College of Law and is a member of the Executive Committee of the State Bar Law Practice Management and Technology Section. He can be contacted by phone at (949) 260-1181, or by email at npedersen@pedersenlaw.com.

(b) Don’ts and Do’s for a Business-like Law Firm

Ed Poll, a former Chair and now Special Advisor to the LPMT Executive Committee offers tips for running your law practice as a business:

Some lawyers still insist that law is a “profession” and not a “business,” an attitude that is ingrained in legal training. They thus fail to understand the operation of the firm as a business with a budget, collections, profit and loss. Not surprisingly, this leads to the business failure of too many firms.  However, the concepts of law and business are not mutually exclusive. Lawyers who can link the two concepts will better assess the value they provide and create new ways to provide more of it.   The do’s and don’ts for businesslike law firm conduct in terms of client relations are mirror images of each other.  Here are a half dozen of the most important ones. 

  1. Don’t put the firm first.  Do put the client first.

  2. Don’t just take whatever clients are available.  Do target your clients.

  3. Don’t try to keep your options open. Do have a budget.

  4. Don’t assume clients know what you do.  Do constantly communicate and inform.

  5. Don’t view technology as a cost threat.  Do use it as an investment and way to give clients more value

About the Author:
Ed Poll, J.D., M.B.A., CMC, principal of LawBiz® Management, is a preeminent coach, law firm management consultant, and author. He is a thought leader in strategic planning, profitability analysis, and practice development, coaching and consulting with lawyers. He has been a consultant to solo and small firm practitioners for more than 20 years.  He released two books in 2012: The Profitable Law Office Handbook: Attorney’s Guide to Successful Business Planning, 16th Anniversary Edition and Secrets of the Business of Law, 2nd Edition. His latest book, Life After Law: What Will You Do for the Next 6,000 Days? deals with pre-retirement planning issues. He is currently a special advisor on the Executive Committee of the LPMT Section. He is also the first recipient of the Lifetime Achievement Award, State Bar of California (LPMT). You can reach Ed at (800) 837-5880 or edpoll@lawbiz.com.

(c) Changes in the Law -- 2014

(1) Track Changes

There were hundreds of new or revised laws for 2014. Several changes are set forth below. To review all of the new and revised Rules of Court and Judicial Council forms go to http://www.courts.ca.gov.

(2) Request for Special Notice

Effective January 1, 2014, a filing fee of $40 will be required when a Request for Special Notice is filed in a decedent’s estate, guardianship, conservatorship, or trust proceeding (Probate Code §§ 1250, 2700, 17204). The fee is in addition to any required fee for the document being filed concurrently with a request for special notice. AB 1293 added Section 70662 to the Government Code. The section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

(3) Notary Law Update

Five Assembly Bills take effect in 2014 which affect notaries public in California -- AB 464, AB 625, AB 35, AB 924 and AB 1159. A summary of the bills is described below and you can read the entire bill by clicking on the Chapter number. If you are a notary or have notaries in your office, make them aware of these new laws.

Chapter 78, Statutes of 2013 [AB 464]
Requires an officer, as identified in California Civil Code section 1181, to use the exact certificate of acknowledgment prescribed in California Civil Code section 1189, not a substantially similar form, when taking an acknowledgment. Requires the exact form of certificate prescribed by California Civil Code section 1195 to be used for proof of execution of an instrument, rather than a substantially similar form. The wording in the form also has been amended.

Chapter 159, Statutes of 2013 [AB 625]
Allows an inmate identification card to be used as a form of identification for establishing satisfactory evidence of the identity of the person making the acknowledgment if the person is an inmate in custody in California state prison and if the card has been issued by the California Department of Corrections and Rehabilitation and is current or has been issued within 5 years, whether or not the identification card contains specific additional identifying information such as a photograph, description of the person, signature, or serial number.

Chapter 571, Statutes of 2013 [AB 35]
Prohibits notaries public from participating in practices that amount to price gouging when providing services associated with filing an application for the deferred action for childhood arrivals program announced by the United States Secretary of Homeland Security. A violation is cause for the revocation or suspension of a commission as a notary public by the Secretary of State.

Chapter 618, Statutes of 2013 [AB 924]
Adds conviction for theft of certain types of animals and livestock to the list of crimes that disqualify a person from becoming a notary public or subject a person to being disciplined if already a notary public.

Chapter 574, Statutes of 2013 [AB 1159]
Revises several provisions that affect immigration consultants and effective July 1, 2014 increases the immigration consultant surety bond filed with the Secretary of State’s office from $50,000 to $100,000. All active immigration consultants who do not file the new $100,000 surety bond by July 1, 2014 will be in violation of the law, and the Secretary of State’s office will begin issuing cease and desist orders to immigration consultants and will notify the California Attorney General's office.

(4) Changes to Limited Liability Company Filings

Effective January 1, 2014, there are changes to limited liability company naming requirements and limited liability company filing requirements. As of January 1, 2014, the “Beverly-Killea Limited Liability Company Act” (California Corporations Code sections 17000-17657) has been repealed and replaced with the “California Revised Uniform Limited Liability Company Act” (California Corporations Code sections 17701.01-17713.13). Go to the Secretary of State’s website to review a list of the primary changes to limited liability company (LLC) requirements that may affect business conducted with the California Secretary of State.
http://www.sos.ca.gov/business/be/statutes-of-2012-sb323.htm

(5) 2014 New Laws Impacting Real Estate

By Simon Offord

Attorney Simon Offord with the Law Office of Peter N. Brewer (Mr. Brewer is an LPMT Executive Committee member) has provided information on new laws for 2014:

Another year, another set of new or revised laws. There are 100s of new or revised laws this year for California, several of which impact the legal community. We have blogged on many of the laws that specifically impact the real estate community. This article discusses some of those laws we find most relevant, as well as those laws that cross-over with law firm management.

These new laws cover a wide range of topics of interest, including employment issues, management of buildings, and neighbor disputes.

Minimum Wage Increased to $10 Per Hour

Minimum wage in California has been increased from $8 per hour to $10 per hour. A one-dollar increment from $8 per hour to $9 per hour will come into effect on July 1, 2014, and another one-dollar increment from $9 per hour to $10 per hour will come into effect on January 1, 2016. The minimum wage has been $8 per hour since January 1, 2008. Assembly Bill 10.

We must note that San Francisco Mayor Ed Lee recently commented that San Francisco is considering raising the minimum wage for the City, and that the City would evaluate the impact of a raise of the minimum wage to $15 per hour.

Various Other Safeguards for Employees

The Legislature enacted a significant number of new laws this year aimed at protecting employees. A brief description of 12 of these employment laws is provided here.

The new laws protect employees engaged in the following conduct: (1) claiming unpaid wages (Assembly Bill 263 and Senate Bill 666); (2) not working during meal or rest periods (non-exempt employees) (Senate Bill 435); (3) updating personal information (Senate Bill 263); (4) disclosing information reasonably believed to be a violation of law (Senate Bill 496); (5) voluntarily providing CPR or other emergency medical services (Senate 633); (6) being a victim of domestic violence, sexual assault, and stalking (Senate Bill 400); (7) taking off from work to appear in a court proceeding involving the employee as a victim of certain offenses (Senate Bill 288); and (8) not disclosing a criminal conviction that has been judicially dismissed or ordered sealed as specified (Senate Bill 530).

Additional new employment laws do the following: (1) protect an employee against unfair immigration-related practices (Assembly Bill 263); (2) include military or veterans as a protected class of people who cannot be discriminated against in employment (Assembly Bill 556); (3) protect an employee against liability for a prevailing party’s attorney fees if the employee sues in good faith (Senate Bill 462); and (4) entitle an employee to liquidated damages for receiving less than minimum wage (Senate Bill 422).

Smoke Detectors Specifications Changed

Starting on July 1, 2014, the State Fire Marshall will not approve a battery-operated smoke alarm unless it contains a non-replaceable, non-removable battery capable of powering the smoke alarm for at least 10 years. Furthermore, starting January 1, 2015, the State Fire Marshal will not approve a smoke alarm unless it does all of the following: (1) displays the date of manufacture on the device; (2) provides a place on the device to insert the date of installation; and (3) incorporate a hush feature. Senate Bill 745.

Adjoining Owners Equally Responsible for Shared Fences and Boundaries

Commencing January 1, 2014, adjoining landowners must share equally the responsibility for maintaining boundaries and monuments between them. The new law is much more detailed than the prior law. The new law provides specific procedural requirements before constructing or rebuilding a division fence. The specific requirements are laid out in detail in our blog.

TDS Revised to Include Construction Defect Litigation

Effective July 1, 2014, the Real Estate Transfer Disclosure Statement (TDS) has been revised to require disclosure of the seller’s knowledge of certain construction defect claims for newly constructed homes under a law commonly referred to as SB 800 (enacted in 2002).  The new law is Senate Bill 652. This is not merely a change in the forms, but an actual change in the law regarding disclosures.

Condominium Manager Exempt from Contractor’s Licensing Law

Effective January 1, 2014, the law states that a common interest development manager performing management services is not required to have a contractor’s license. Conversely, the term “contractor” or “consultant” does not include a common interest development manager. A “common interest development manager” is generally defined as someone who, for compensation or in expectation of compensation, provides or contracts to provide management or financial services (or represents himself or herself as providing management or financial services) to a condominium complex or other common interest development.

Real estate agents who are property managers performing activities for which a real estate license is required are already exempt from the contractor’s licensing requirements under existing law (however, this exemption has limitations, which will be the subject of a future article). Senate Bill 822.

Please visit www.bayarearealestatelawyers.com for a more detailed summary of these laws as well as descriptions of additional, relevant new laws for 2014.

About the Author:
Simon Offord is a real estate attorney with the Law Offices of Peter N. Brewer.  Simon’s practice focuses on real estate litigation, including neighbor disputes, issues with the purchase and sale of real estate, and commercial leasing.  Simon has litigated multiple cases from inception to trial, including serving as first chair on a lengthy jury trial.  Simon is active in the local legal community and bar associations, and is the former Chair of the Barrister’s Committee for the Santa Clara County Bar Association.  In addition, Simon is the 2014 Affiliate Chair and serves on the Board of Directors for the Silicon Valley Association of Realtors.  Simon is regularly asked to be a presenter for the local real estate associations and brokerages on real estate law.   You can contact Simon Offord at simon@brewerfirm.com or (650) 327-2900, Ext. 10. You can learn more about the Law Offices of Peter N. Brewer at www.brewerfirm.com and www.bayarearealestatelawyers.com.

(d) Arbitration Provisions in Attorney-Client Agreement

Executive Committee member Neil Pedersen has alerted us to a recent case concerning arbitration provisions in attorney-client agreements:

Roldan v. Callahan & Blaine (Court of Appeal of California, Fourth District, Division Three, Case No. G047306; September 18, 2013)(219 Cal.App.4th 87, 161 Cal.Rptr.3d 493 (2013)) Attorney firm entered into fee agreement with several poor and elderly clients. Agreement had a mandatory arbitration clause that required both parties to pay for the arbitration of any dispute arising out of the agreement. A dispute arose and the clients claimed they did not have the resources to pay for the arbitration. The court ultimately ruled that if any of the clients were found unable to financially pay their anticipated share of the arbitration costs, the attorney is put to a choice: either pay that client’s share of the arbitration costs, or wave the right to arbitrate and allow the case to proceed to trial in a court of law. Attorneys who have an arbitration provision in their fee agreement now need to understand that they might be required to foot the entire bill for the arbitration if their client is not financially capable of paying the many thousands of dollars an arbitration might cost, or alternatively walk away from the friendly confines of a private arbitration.

(e) Admission to State Bar-Undocumented Immigrant

The California Supreme Court has granted a law license to a man living in the United States illegally who graduated from law school and passed the state bar exam. The decision on January 2, 2014, means Sergio Garcia can begin practicing law despite his immigration status. Read the Court’s decision at http://www.courts.ca.gov/opinions/documents/S202512.PDF.

See also, Assembly Bill AB 1024, signed into law by Governor Brown and effective January 1, 2014, that authorizes the granting of a law license to people who are in the country illegally upon certification by the examining committee of The State Bar that the person has fulfilled the requirements for admission to practice law.

(f) Access to Statistics of Bar Exam Takers

On December 19, 2013, the California Supreme Court issued its ruling in Sander v. State Bar of California. The State Bar of California released the following statement:

“The Supreme Court has identified the issues. Therefore, the State Bar will go back to the trial court to resolve the issues as identified in the opinion,” said State Bar President Luis J. Rodriguez.

The Sander case originated from a request for access to information from the State Bar’s admissions database, including applicants’ bar exam scores, law school attended, grade point averages and race or ethnicity. The bar opposed the release of the data, asserting it would violate promises it made to law students regarding privacy limited use of the records.

The Supreme Court ruled that “under the common law right of public access, there is a sufficient public interest in the information contained in the admissions database such that the State Bar is required to provide access to it if the information can be provided in a form that protects the privacy of applicants and if no countervailing interest outweighs the public’s interest in disclosure.”

(g) Flexible Spending Accounts (FSA)

On October 31, 2013, the Internal Revenue Service, in IRS Notice 2013-71, modified the “use it or lose it” rule that applies to health flexible spending accounts. While this change may appear at first to be nothing but good news, an employer must look closely at the new rule to determine if it makes sense for its plan.

(h) Court Offers Live Audio Streaming of All Proceedings

As of January 6, 2014, the United States Court of Appeals for the Ninth Circuit began providing live audio streaming of all of its proceedings.  Internet users can listen to oral arguments online by visiting www.ca9.uscourts.gov and clicking on links listed under "Live Oral Arguments." 

Live audio streaming began with cases being heard January 6-9, 2014, at the Richard H. Chambers U.S. Courthouse in Pasadena, California.  Live audio streaming also will be provided for future oral arguments at the James R. Browning U.S. Courthouse in San Francisco, the William K. Nakamura U.S. Courthouse in Seattle, and the Pioneer Courthouse in Portland, Oregon.  Hearing dates and other docket information are available at http://www.ca9.uscourts.gov/calendar/.

The court has provided public access to digital audio recordings of all oral arguments heard at all locations since 2003.  Digital video recordings of 11-judge en banc courts and some three-judge panels have been available since 2010.  Digital audio and video files will continue to be stored online at http://www.ca9.uscourts.gov/media/.

(i) Court of Appeal Mandates E-Filing -- Free Training Available 1/31/14

The 1st District Court of Appeal of California, mandates e-filing, effective March 17, 2014, and offers free training for e-filers on January 31, 2014. Learn more about Rule 16, Electronic Filing, New Local Rule regarding mandatory e-filing in the First District.

Briefly:

  • Civil Cases must be filed electronically starting on March 17, 2014. Registration begins approximately March 10, 2014

  • Criminal and Juvenile cases must be filed electronically starting on April 14, 2014.

  • Registration for the mandatory e-filing will begin approximately one week before Rule 16 goes into effect.

  • Please consult the Court’s website for further updates on the registration process. http://www.courts.ca.gov/1dca.htm

Free training for e-filers will be offered on January 31, 2014, in the Milton Marks Auditorium, 350 McAllister Street, San Francisco. A morning session (10:00 a.m.) and an afternoon session (1:30 p.m.) will be offered.

Sign up for either of the free sessions by sending an e-mail to E-Filing.Course@jud.ca.gov. Please indicate the following information when signing up: 1) name and job title of those registering; 2) professional affiliation; and 3) first preference for time slot on January 31st. You will be notified if your first preference is not available

5. In Future Issue of The Bottom Line/eTBL

The February 2014 issue of The Bottom Line is being coordinated by co-editor, Yvonne Waldron-Robinson. You will be able to earn up to one hour of MCLE self-study credit in ethics by reading the article discussing ethical issues with paralegals.

The following articles and columns are scheduled to appear in the February issue of The Bottom Line:

  • MCLE Credit-Ethics: Getting Ethical With Paralegals: A Look at California Rules and Their Impact on Attorneys and Paralegals, by Barbara Haubrich-Hass

  • Implementing Cloud-based Solutions for Legal Practices, by Prashant Kumar and Robert Takemura

  • From Lemonade and Lucy to COPPAQ and Cookies,by Adam D. H. Grant

  • Windows XP Retirement, by Doug Hafford

  • Using Amicus Attorney for Marketing Purposes and the Importance of Grouping Contacts, by Camille Leffall Rogers

The issue will also contain the LPMT Chair’s message, Coach’s Corner, and a message from the co-editor. It looks to be a very informative issue.

Articles for publication in The Bottom Line are welcome from LPMT Section members and others. Please obtain the Guidelines for submitting articles from Section Coordinator Kristina Robledo (Kristina.Robledo@calbar.ca.gov), and submit your articles for review by the editorial committee.

6. Archived Articles from The Bottom Line

Archived issues of The Bottom Line can be found in the Members’ Only section of the LPMT website going back to October 2011. Beyond that date, you will find only a table of contents for past issues. The archived issues are an excellent resource. Should you need to read an article which is no longer on the website, contact Kristina Robledo, the LPMT Section Coordinator. She will be able to determine if the article can be retrieved even though no longer posted on the website.

7. Inside the State Bar Website

(a) Public Comment

The State Bar is seeking public comment on several items: (1) a proposed formal opinion re dissolving firm and moving to new firm; (2) proposed revisions to Rules of Procedure of the State Bar of California Title 5, Discipline; and (3) proposed revisions to Rules of the State Bar, Title 7, Division 2, Special Masters. Do review these items set forth on The State Bar website and provide your input by the due date. Learn more about each proposal on the State Bar’s website. The LPMT Executive Committee’s subcommittee continues to monitor the items that are sent out for public comment and determines if a response on behalf of the LPMT Section is warranted. If you feel the Section should weigh in on any proposed changes, do contact the LPMT Executive Committee (LPMT@calbar.ca.gov).

(b) New address for State Bar office in Los Angeles

On January 6, 2014, the Los Angeles offices of the State Bar and State Bar Court relocated to 845 S. Figueroa Street, Los Angeles, California 90017-2515. Telephone: (213) 765-1000.

The offices and courtrooms at 1149 South Hill Street were closed to the public on December 23 to facilitate the move. The Bar will maintain its headquarters at 180 Howard Street in San Francisco.

8. Executive Committee News 

(a) LPMT Section Dues Increase-Free MCLE

Your Section membership dues were increased to $85 effective with your renewal for 2014. An added benefit to your membership in the Section is that with your membership renewal you will receive 4 hours of free MCLE credit provided by The State Bar of California. The State Bar is in the process of setting up the link for you to receive your free MCLE hours. More information will be forthcoming as soon as we receive it.

(b) Call for Volunteers to Serve on the LPMT Section Executive Committee

The Executive Committee is looking for members to submit their applications to serve on the LPMT Executive Committee. There will be five openings on the Executive Committee. Work on the committee with an extremely dedicated group of legal professionals from a variety of backgrounds to benefit all of the LPMT Section members. Assist by presenting educational programs, writing articles for its publications (The Bottom Line or eNewsletter), procuring benefits, and guiding the Section. Learn from fellow Executive Committee members and provide your expertise to the committee.

The recruitment information for the 2014-15 committee appointments and the 2014-15 application forms (Word and PDF) are available. Please visit http://cc.calbar.ca.gov/ for more information. The deadline for submitting applications is February 3, 2014.

For more information, contact Section Coordinator Kristina Robledo or Chair Tangela Terry.

(c) Task Force on Admissions Regulation Reform (TFARR)

In Phase II, the Task Force will develop an action plan to put in place additional training requirements for getting a law license. The 30-member Task Force will break up into three working groups focused on implementing each of the three recommendations that came out of the first phase of the Task Force. The Task Force is looking for individuals who are interested in working on one of the implementation working groups. Interested persons should contact Teri Green at teri.greenman@calbar.ca.gov for consideration.

The LPMT Executive Committee is pleased to announce that it has been invited to advise one of the implementation working groups, and have a representative present at the meetings. Past Chair Perry Segal on behalf of the LPMT Section, will be advising “Working Group C” which will deal with competency, particularly with future MCLE offerings.

For more information, visit the Task Force web page.

(d) LPMT is now on LinkedIn!

You are encouraged to join the Law Practice Management and Technology Section discussion group on LinkedIn. Not yet a member of LPMT?  No problem -- this group is open to non-members as well!

(e) LPMT App is here!

The LPMT Section App has been tested on Android and iOS devices, and is now available for download.

Download at iTunes
https://itunes.apple.com/us/app/calbar-lpmt/id705424696?ls=1&mt=8

Download Google Play:
https://play.google.com/store/apps/details?id=gov.ca.calbar.lpmt.portal

Either Platform Access at LawBox:
http://lawboxapps.com/calbar-lpmt/

(f) Facebook and Twitter

Keep following the Law Practice Management and Technology Section on Twitter at https://twitter.com/#!/calbarlpmt and Facebook at www.facebook.com/calbarLPMT. Please “like” us and “follow” us for access to up-to-date news and information from your Executive Committee members at LPMT.

(g) Follow CEB on Twitter!

Michael Fenger, the Liaison from CEB to the LPMT Executive Committee wants everyone to follow CEB on Twitter. Continuing Education of the Bar (CEB), a joint entity of the State Bar and the University of California, is now posting daily on Twitter case squibs with links to all California, Ninth Circuit, and U.S. Supreme Court slip opinions. See https://twitter.com/#!/CEB_CA

(h) Growing and Managing a Law Office

The State Bar’s newest publication, “The California Guide to Growing & Managing a Law Office” is available for purchase. Growing a law practice can be a lawyer’s most rewarding and challenging professional experience.The goal of this book is to make it less challenging and more rewarding. It picks up where The California Guide to Opening a Law Office left off, exploring challenges of growing a law practice in detail. Several members of the LPMT Executive Committee have written chapters for the Guide. Learn more at http://sections.calbar.ca.gov/Sections.aspx#grow, and be the first to purchase your own personal copy. If you haven’t yet purchased the companion volume, Guide to Opening a Law Office, you will want to purchase both volumes to have the complete set!
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The official hash tag for the Guide is #GrowLaw.

(i) News from LPMT Section Members

Members, let us know what you are doing so we can include your activities and accomplishments in our next eNewsletter. Let us hear from you (LPMT@calbar.ca.gov).

9. California Solo and Small Firm Summit
Link to Solo Summit

Link to Solo Summit BrochureThe State Bar of California California Solo & Small Firm Summit
June 19-21, 2014
Newport Beach Marriott Hotel & Spa
900 Newport Center Drive,
Newport Beach, CA 92660

You can now REGISTER ONLINE for this program. 

Earn 10 hours of MCLE credit

Group Discount

SAVE when you send multiple staff from the same office. Register two or more people and receive $25 off the pre-registration fee for each registrant. Everyone in the “group” must register at the same time to qualify. Call 415-538-2508 for more information. Not available for online registration.

This Is Not Your Ordinary Weekend CLE Program!

Beautiful Newport Beach, link to Solo Summit The Summit is the event of the year for California’s Solo and Small Firm practitioners and office staff! Expand your network knowledge and skills, and learn key approaches to build a successful client referral network. Take away strategic solutions for the practice of law and the management of your legal business.

The Summit features power networking events, legal education classes, business management courses, and more -- all designed to promote a thriving law practice.

Earn up to 10 hours of MCLE credit, including credit in Legal Ethics. Select courses also offer legal specialization credit.

See the full program brochure at 2014 California Solo and Small Firm Summit.

10. Educational Opportunities - LPMT Webinars

Seminar Replay: eDiscovery and Ethics: What Attorneys (and Clients) Needs to Know

Thursday, May 8, 2014, 12 noon - 1 p.m.

1 participartory MCLE credit and 0.5 hour credit in Ethics. You must register in advance in order to participate.

Discovery is an everyday element of litigation. However, placement of the word "Electronic" before "Discovery" can create immediate, and unnecessary, anxiety for legal practitioners. This program will provide tools to understand, implement and manage eDiscovery challenges in daily practice.

Speakers:

  • Browning Marean
  • Perry L. Segal is one of the most prominent voices in California on the intersection of law and technology. He is a licensed California Attorney, and his specialties include both Civil and Criminal Litigation, Electronic Data Discovery and Electronically Stored Information, Enterprise Management, Disaster Recovery and Compliance. He is also one of the principal authors of the treatise, "The California Guide to Growing & Managing A Law Office", slated for publication in early 2013 by the State Bar of California. Perry maintains both a solo law practice, Charon Law, SP and a consulting practice, Charon Solutions, Inc. Perry can be reached at perry.segal@thecharonshield.com.

Webinar: Technology Tips for the Litigator -- Formats for the Production of E-Discovery and Why It Matters

Wednesday, May 14, 2014, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Learn about Legal requirements for format of production; What is metadata?; Why metadata can be important; How to find metadata; and How to preserve and produce metadata (or not).

Speaker: Michael Kelleher is a registered patent attorney and partner at Cogent Legal (cogentlegal.com), a litigation graphics and trial strategy firm based in the San Francisco Bay Area. Michael was formerly a litigation partner and head of the intellectual property practice at Folger Levin & Kahn where he litigated for 16 years. After leaving Folger Levin & Kahn, Michael served as general counsel for DS-IQ, an advertising technology startup. Michael is the editorial consultant for the LexisNexis Matthew Bender Practice Guide: California E-Discovery and Evidence.

Seminar Replay: Ethical Attorney Advertising and Solicitation in the Social-Media Age

Thursday, June 12, 2014, 12 noon - 1:30 p.m.

This program offers 1.5 hours participatory MCLE credit, including 1 hour in Legal Ethics. You must register in advance in order to participate.

Ethical Attorney Advertising and Solicitation in the Social-Media Age

Rule 1-400 regulates attorney advertising and solicitation. It was last amended in 1997, and at that time, law firm websites were rare and the founders of Facebook were in middle school. This information-packed program will show you how to comply with the advertising and solicitation rules in the Internet/Web-2.0 era.

Speakers:

  • Robert D. Brownstone, Esq.
  • Gideon Y. Grunfeld, Esq.

Webinar: Technology Tips for Taking and Using Depositions

Wednesday, June 25, 2014, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Learn about tips for video depositions, real time transcript feeds, annotating deposition transcripts, tips for designating deposition testimony and using depositions at trial.

Speaker: Michael Kelleher is a registered patent attorney and partner at Cogent Legal (cogentlegal.com), a litigation graphics and trial strategy firm based in the San Francisco Bay Area. Michael was formerly a litigation partner and head of the intellectual property practice at Folger Levin & Kahn where he litigated for 16 years. After leaving Folger Levin & Kahn, Michael served as general counsel for DS-IQ, an advertising technology startup. Michael is the editorial consultant for the LexisNexis Matthew Bender Practice Guide: California E-Discovery and Evidence.

Seminar Replay: High-Tech Crimes & Misdeanors: eDiscovery & Forensics in Criminal Matters

Thursday, July 10, 2014, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit, including 0.5 hour in Legal Ethics, and 1 hour Legal Specialization credit in Criminal Law. You must register in advance in order to participate.

Criminal attorneys perform forensic technology investigations under a stringent burden of proof: "Guilt beyond a reasonable doubt". They also face skeptical judges & juries who believe they've seen it on TV (aka "The CSI Effect"). This presentation will separate myth from reality and guide attendees through initial technological evidence-gathering to trial.

Speakers:

  • Mark Jackson

  • Perry L. Segal is one of the most prominent voices in California on the intersection of law and technology. He is a licensed California Attorney, and his specialties include both Civil and Criminal Litigation, Electronic Data Discovery and Electronically Stored Information, Enterprise Management, Disaster Recovery and Compliance.  He is also one of the principal authors of the treatise, "The California Guide to Growing & Managing A Law Office", slated for publication in early 2013 by the State Bar of California. Perry maintains both a solo law practice, Charon Law, SP and a consulting practice, Charon Solutions, Inc. Perry can be reached at perry.segal@thecharonshield.com.

Webinar: Technology Tips for Presenting Your Case at Trial

Wednesday, July 30, 2014, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Learn about Presentation Alternatives and their advantages/trade-offs, equipment for presenting in court, trial presentation software, getting past objections to the use of visual presentations, and cost recovery for trial presentation.

Speaker: Michael Kelleher is a registered patent attorney and partner at Cogent Legal (cogentlegal.com), a litigation graphics and trial strategy firm based in the San Francisco Bay Area. Michael was formerly a litigation partner and head of the intellectual property practice at Folger Levin & Kahn where he litigated for 16 years. After leaving Folger Levin & Kahn, Michael served as general counsel for DS-IQ, an advertising technology startup. Michael is the editorial consultant for the LexisNexis Matthew Bender Practice Guide: California E-Discovery and Evidence.

Seminar Replay: 24 Free Legal - Related Websites in 60 Minutes

Thursday, August 14, 2014, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Learn how to locate and use 24 free legal-related websites that help to streamline firm activities and conduct legal research. The instructor will identify productivity tools as well as alternatives to using (or having to pay for) legal research services.

Speaker: Bret N. Christensen

Webinar: Technology Tips for the Litigator on Using Adobe Acrobat

Wednesday, October 1, 2014, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance in order to participate.

Learn about Litigation power user tips for Adobe Acrobat Including creating PDFs, editing PDFs, annotating PDFs, Bates Numbering, redacting, E-briefs, and hyperlinking.

Speaker: Michael Kelleher is a registered patent attorney and partner at Cogent Legal (cogentlegal.com), a litigation graphics and trial strategy firm based in the San Francisco Bay Area. Michael was formerly a litigation partner and head of the intellectual property practice at Folger Levin & Kahn where he litigated for 16 years. After leaving Folger Levin & Kahn, Michael served as general counsel for DS-IQ, an advertising technology startup. Michael is the editorial consultant for the LexisNexis Matthew Bender Practice Guide: California E-Discovery and Evidence.

Future Webinars

The LPMT Executive Committee has developed a series of webinars to be presented beginning in spring 2014 which will focus on programs to assist you in running your office. Among the series topics being considered are: The Lawyer as an Employer; Technology and the Litigator; and Financial Management.  The first webinar series "Technology and The Litigator" will begin in March.  Topics will include Technology Tips for Using Databases to Understand, Develop and Control Your Case, Technology Tips for Taking and Using Depositions, and Technology Tips for Document Review, Production and Use at Trial.  The series will be presented by Michael Kelleher, a registered patent attorney and partner at Cogent Legal (cogentlegal.com), a litigation graphics and trial strategy firm based in the San Francisco Bay Area.  Stay tuned for information about these quality webinars and live presentations from your LPMT Executive Committee members.

Members, join us in planning future webinars. 

The Education Committee wants to hear from you -- what topics or subject matters do you want to have covered in future webinars? Would you be willing to assist with a webinar or present one? Please provide your thoughts and suggestions to the Executive Committee (LPMT@calbar.ca.gov).

11. Online CLE

Webinars previously presented by the LPMT Section continue to be available on The State Bar’s Website in the Online CLE section. The programs presented in October at the 2013 Annual Meeting held in San Jose have been added to the Online CLE. The catalog also includes articles from Section publications for self-study MCLE credit. There are several articles from The Bottom Line which have been placed in the Online CLE catalog. The following webinars may be of interest to you:

(a) Discover a Fortune Hidden in a Computer: A Practical Guide to eDiscovery
Speaker: Perry L. Segal
(1.25 hours MCLE; $43.75)
Online Program

(b) E-Discovery and Ethics:  What attorneys (and Clients) Need to Know
Speaker: Perry L. Segal and Browning Marean
(1 hour MCLE Credits 0.5 Ethics $35)
Webinar Replay on May 8.

(c) E-Discovery Evolution: Crawl, Walk then Run Your Case
Speakers: Perry L. Segal and Derick Roselli
(1 hour MCLE $35)
Online Program / Podcast

(d) Expand Your Practice: Offering Unbundled Legal Services through DocumentAutomation
Speakers: Ron Dolin and Donna Seyle
(1.5 hours MCLE Credits 0.5 Ethics $52.50)
Online Program

(e) The Cloud: Secure? Yes. Ethical? No So FAST!
Speakers: Perry L. Segal and Donna Seyle
(1.25 hours CLE 1 hour-ethics $43.75)
Online Program / Podcast

(f) High-Tech Crimes & Misdemeanors:  eDiscovery & Forensics in Criminal Matters
Speakers: Mark Jackson and Perry L. Segal
(1 hour MCLE Credits 0.5 Ethics $35)
Seminar Replay on July 10

(g) Social Media: Balancing Benefits and Ethical Burdens
Speaker: Mari Frank (1 hour CLE-ethics $35)
Online Program / Podcast

(h) Hazardous Transmissions: The Ethics when Technologies "Byte"
Speaker: Michelle Greer Galloway (1 hour CLE-ethics $35)
Online Program / Podcast

(i) Accounts Receivables Management
Speaker: Robert A. Weinberg (1 hour CLE $35.00)
Online Program / Podcast

(j) Alternative Fee Arrangements and Cost Control Initiatives for Litigations -- Beyond the Billable Hour
Speaker: Patrick Premo (1.0 hour CLE $35)
Online Program / Podcast

(k) A Best Practices Review and Update for E-Discovery in California.
Speaker: William Hoffman (1.0 hour CLE $35.00)
Online Program / Podcast

(l) Workplace Privacy & Communication Policies in the Social Media Era
Speaker: Robert Brownstone (1.5 hours CLE $52.50)
Online Program / Podcast

Review the other LPMT programs presented by the Law Practice Management and Technology Section at the State Bar Annual Meetings and webinars which are also available through Online CLE - LPMT.

12. Benefits for Members

The Executive Committee is pleased to continue to offer the following benefits, for all LPMT Section members, and will be announcing a new benefit with TechnoLawyer in the near future. More details about how Section members can take advantage of these benefits was published in the LPMT eNews, as well as in our Members Only Area.

  1. MyCase, web-based practice management software for lawyers, was built to address the number one complaint across all State Bar Associations... insufficient attorney/client communication.

    Successful legal professionals all over the world rely on MyCase every day to stay incredibly organized, easily communicate and collaborate with their clients while simultaneously managing and growing their practice.  Because MyCase offers legal practice management in the cloud, lawyers can work from anywhere at any time significantly increasing productivity.

    MyCase is an affordable, intuitive and powerful legal practice management software designed for the modern law firm. Give your firm the advantage of a complete solution -- get organized with contacts, calendars, cases, documents, time tracking, and billing. MyCase is the only software that also includes an integrated client portal so everyone stays informed and connected.

  2. The bestselling law practice management book, Dangerous Law Practice Myths, Lies and Stupidity, was written by legal experts who have been in your shoes and know what it’s like to wake up in a cold sweat worrying about your practice.

    In 35 short, entertaining parables you’ll learn:
    -  The fastest way to go paperless
    -  The worst ways to use voicemail
    -  Tips for branding your office
    -  Why most lawyers never have time to improve their practice

    Receive your complimentary book now from Abacus Law --
    The book retails for $19.97 on Amazon, but as a CA Bar Law Practice Management and Technology Section member you can get it at no charge.

  3. Avvo Ignite is a new comprehensive, cloud-based marketing automation and website suite offered by Avvo.com. It gives attorneys the tools needed to efficiently manage leads, close more new clients, and get better returns from their marketing efforts.  It features lead management tools, lead notifications and auto-responders, an email marketing platform and marketing analytics, and is an all-in-one contact management and follow-up system.

  4. TERIS works with leading law firms and corporate legal departments to provide sophisticated, consultation-based solutions and state-of-the-art technologies for ediscovery, as well as highly experienced project management.

    TERIS is at the forefront of enterprise-level information management and ediscovery. They work directly with corporate legal teams across a variety of industries to deliver repeatable, defensible, and scalable ediscovery services.

    TERIS is now offering to all LPMT members a 10% discount on all ESI/ediscovery services which exceed $1,000.

  5. Clio -- Practice Management Simplified:

    Learn more about the Clio practice management system at www.goclio.com.

  6. Time59 -- Web-based time and billing software designed for solo lawyers:

    Time59 is the easy and inexpensive way to bring the benefits of cloud computing to your practice.

  7. Lexology: Lexology has been an LPMT member benefit for some time and continues to bring timely articles to your inbox daily. Learn more about using Lexology and personalizing it to meet your needs in an upcoming eNewsletter.

13. 2014 Annual Meeting of The State Bar -- San Diego

The State Bar returns to San Diego to hold its 2014 Annual Meeting at the Manchester Grand Hyatt on September 11-14. Reserve those dates on your calendar now! The LPMT Section will again be presenting its popular workshops discussing technology, law practice management, ediscovery, privacy issues, etc. The workshop schedule will be announced in a future eNewsletter.

The Twitter hash tag for the 2014 meeting will be #CalBarAM14.

14. Future State Bar Annual Meetings

The following dates and locations have been scheduled for future annual meetings:

2014 September 11-14, San Diego
2015 October 8-11, Anaheim
2016 September 29-October 2, San Diego

Contact Us

Law Practice Management and Technology Section
The State  Bar of California
180 Howard Street
San Francisco, CA 94105
415-538-2520
FAX 415-538-2368
lpmt@calbar.ca.gov

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