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THE GAVEL & QUILL

THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

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Page 1: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

THE GAVEL

&

QUILL

Page 2: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,
Page 3: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

SAN GABRIEL VALLEY

LAWYER REFERRAL SERVICE

The San Gabriel Valley Lawyer Referral Service is a non-profit organization,

jointly created and maintained by the Pasadena Bar, Eastern Bar and San Gabriel

Valley Bar Associations, that provides access to skilled, courteous and attentive

attorneys who provide legal services to clients from communities throughout the

San Gabriel Valley. We provide a valuable service to the public and to our panel

members.

We invite attorneys throughout the San Gabriel Valley to join our team of

qualified lawyers. When considering joining, please consider the following:

• The San Gabriel Valley Lawyer Referral Service is certified by the State Bar

of California and meets the standards set forth by the American Bar

Association.

• We were established in 1967. Since then, the Service has referred thousands

of cases to hundreds of skilled panel members practicing in no less than 18

areas of law.

• Trained staff only refers cases that match your experience and interests.

• As a panel member, you receive pre-screened referrals for a small fraction of

the cost of advertising and promoting your practice.

In particular, we are looking for attorneys who speak Spanish,

Cantonese and Mandarin in all areas of law.

For a Membership Application and a copy of our Rules and

Regulations, please visit our website at sgvlawyer.org. Completed

Applications can either be mailed to us at 1175 East Garvey St.,

Suite 105, Covina, CA 91724, or e-mailed to [email protected].

Page 4: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

●MEETING ANNOUNCEMENTS●

SAN GABRIEL VALLEY BAR ASSOCIATION

DATE: NO MEETING OR WEBINAR

TIME:

PLACE:

PROGRAM:

SPEAKER:

MCLE:

___________________________________________________________________

EASTERN BAR ASSOCIATION

DATE: JANUARY 21, 2021

TIME: PROGRAMS PROMPTLY START AT 5:00 P.M.

PLACE: WEBINAR (No In-Person Meeting)

PROGRAM: “Ethics” 5:00 P.M.

SPEAKER: Ashood Mooradian, Esq.

Former State Bar Prosecutor

PROGRAM: “Bias” 6:00 P.M.

SPEAKER: Clark Freshman, Professor at Law

University of California, Hastings & Freshman Training

PROGRAM: “Competence” 7:00 P.M.

SPEAKER: Lita Abella

Sr. Analyst, Lawyer Assistance Program

MCLE : 3 Hour Self-Study Event

Visit the EBA Website to Register

EBA Website: ebalac.org

Phone: 626-967-3115

________________________________________________________________________

PASADENA BAR ASSOCIATION

FOR CURRENT EVENTS VISIT

THE PASADENA BAR ASSOCIATION (PBA)

WEBSITE: www.pasadenabar.org Phone: 626-793-1422 Fax: 626-793-2370

Page 5: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

At its meeting on November 19, the Board of Trustees set in

motion a new commission to conduct an in-depth examination of the State

Bar’s attorney discipline process system, a core function of the State Bar,

and recommend how to further improve its effectiveness and fairness. The

Board approved the charter and composition for the Ad Hoc Commission on

the Discipline System.

“While the Board of Trustees and State Bar staff remain focused on and

committed to continuous improvement in the discipline system, this commission

will broaden that process—bringing in outside experts and stakeholders for a

renewed look at how we can further optimize this work and ensure that public

protection is the always guiding force in the discipline system,” said Brandon

Stallings, Chair of the Board’s Regulation and Discipline Committee. “This is a

continuation of the Board’s efforts to ensure transparency, accountability, and

fairness in carrying out the State Bar’s mission.”

In recent years, the State Bar has implemented numerous reforms in the

discipline system to increase efficiency and focus resources on protecting the most

vulnerable victims of both attorney misconduct and those who defraud the public

by holding themselves out to be attorneys. A new set of recommendations to

address racial disparities in the discipline system, on which the Board

received updates at this meeting, prompted the Board at its September meeting to

undertake a more comprehensive re-examination of the agency’s discipline policies

and procedures.

The commission will evaluate changes in the Office of Chief Trial Counsel

since 2016, focusing on:

• Procedural justice and the experiences and perceptions of complaining

witnesses and respondents;

• Workload and operational efficiency of case processing;

• Case prioritization and case-flow management; and

• The efficacy of the system for preventing future attorney misconduct.

The commission will also review related research that the State Bar has

completed and planned. The commission may examine the structure of the State

Bar Court, principally issues involving its independence and autonomy.

Board of Trustees Inaugurates Discipline System Commission

Page 6: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

Board of Trustees Inaugurates Discipline System Commission (continued)

In preparing its recommendations for further reforms, the commission will focus

on the dual goals of ensuring both public protection and fairness in the discipline

system.

The commission’s members will be chosen to reflect the state’s diversity and

include key institutional entities that focus on public protection. The State Bar

expects to open the application process for the commission in early December, and

the new group is expected to begin its work in early 2021. The Board directed the

commission to present a final report on its findings and recommendations no later

than June 30, 2022. The Board anticipates receiving interim updates and proposals

from the commission before the final deadline.

Accreditation Rules Revamp Approved for Public Comment

Among other actions taken at its November meeting, the Board approved to

circulate for a 60-day public comment period a major revamp of the Rules for

Accredited Law Schools. The proposal results from an intensive effort undertaken

by the Committee of State Bar Accredited and Registered Schools beginning in

April 2019. The revamped rules proposal was built around four key purposes for

accreditation: consumer protection and transparency; student success; diversity,

equity, and inclusion; and preparation for licensure and professionalism.

Requirements that did not serve one of these core purposes were eliminated, with

the intent of focusing the efforts of both law schools and the State Bar on what

matters most to ensure positive student outcomes. The effort represents one of the

final Admissions-related initiatives stemming from the Board’s review of its

governance and oversight of State Bar subentities, a process that began with

the Governance in the Public Interest Task Force report in 2017.

Supreme Court Issues Order for Remote, Online February Bar Exam

Before the Board meeting adjourned, Interim Executive Director Donna

Hershkowitz shared the California Supreme Court’s newly issued order to

administer the February 2021 California Bar Examination online. The exam will

take place on February 23 and 24, with the State Bar given discretion to grant in-

person testing for those with approved testing accommodations that cannot be

effectively provided and securely administered in a remote environment, and for

those with other extenuating circumstances preventing them from taking the exam

remotely.

Reprinted with Permission from the State Bar of California

Page 7: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

ATTENTION

FREE REFERRAL SERVICE ATTORNEY MEMBERSHIP!

(FOR MEMBERS OF THE EASTERN BAR OF LOS ANGELES COUNTY, SAN GABRIEL VALLEY and PASADENA BAR ASSOCIATIONS)

The San Gabriel Valley Lawyer Referral Service is in need of bilingual attorneys in the San Gabriel and Pomona Valleys who speak fluent Spanish, Mandarin, French, Vietnamese or other foreign languages.

San Gabriel Valley Lawyer Referral Service is offering FREE REFERRAL SERVICE MEMERSHIP FOR THE FIRST YEAR.

You must be a first—time member.

We are also offering to all attorneys who wish to become first-time referral service members, a six-month free trial period. If at the end of six months you would like to continue as a member, we will send

you a statement for your membership fee ($150.00 for the first panel and $50.00 for each additional panel).

If you are interested in joining, please go to our website at sgvlawyer.org

Click on “Join Us” on the Home page, then download our Rules and Regulations and Application for Membership.

Mail the completed Application to our office at 1175 East Garvey Street, Suite 105, Covina, CA 91724 If you prefer, you may call our office at 626-966-5530

and we will be pleased to send you the Application packet and answer any questions.

Page 8: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

UPCOMING

EASTERN BAR ASSOCIATION

MCLE PROGRAMS

THURSDAY, FEBRUARY 18, 2021, 5:00 P.M.

Program: “Effectively Using Legal Investigations”

Speaker: Kelly Cory, Keystone Investigative Services, Inc.

THURSDAY, MARCH 18, 2021, 5:00 P.M.

Program: “Tax Update”

Speaker: Theresa C. Hansen, CPA

Due to the COVID 19 pandemic, all EBA events will be held via Zoom Webinars until we are able to meet in-person.

To register for the above Zoom Webinars, visit the EBA website at ebalac.org

Page 9: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

HAPPY NEW YEAR!

FROM OUR OFFICE TO YOURS

Wishing you all the joys of the season,

and happiness and prosperity

throughout the coming year.

Page 10: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

ATTENTION READERS

Looking for a new staff member? Do you offer special services? Or do you have office space for rent?

Having a problem getting the word out?

Put an ad in the next issue of the Gavel & Quill!

This Gavel & Quill is sent to over 250 San Gabriel Valley law

offices and is posted on the San Gabriel Valley Lawyer

Referral Service website (sgvlawyer.org).

Placing an ad in the Gavel & Quill is the easiest way of

reaching the legal profession.

We offer quarter page, half page, or full page ads at affordable prices!

If you already have a template, send it over to our office and we can publish it in the next issue of the Gavel & Quill.

OR

If you just don’t have the time, let us know what you want and we can create something for you!

FOR QUESTIONS OR INFORMATION CONTACT OUR OFFICE

AT 626-966-5530

Page 11: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

MIKE PLEASE INSERT THE LAW LIBRARY PAGE HERE.

IT’S IN PDF FORM AND I CAN’T SEEM TO COPY AND PASTE TO INSERT IN

THIS PAGE

Page 12: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

MANDATORY FEE ARBITRATION BULLETIN

If you have uncollected legal fees, the San Gabriel Valley Lawyer Referral Mandatory Fee Arbitration

Program can help. We all know that before an attorney may sue a client for fees, the B&P Code requires

that the attorney advise the client of the right to fee arbitration. But did you know that under California

law, the attorney cannot initiate the arbitration or compel the client to participate in the process?

The only way an attorney can compel a client to arbitrate a fee dispute is if the parties have so provided in

the retainer agreement. If your agreement does provide an arbitration clause, update it now! (A suggested

fee arbitration clause for your retainer agreements may be found below)

The San Gabriel Valley Lawyer Referral Service Mandatory Fee Arbitration Program offers fee

arbitration services for all Los Angeles County attorneys. In 2006 the SGVLRS adopted comprehensive

new rules for arbitration of attorney fee disputes. These rules expanded the fee arbitration program and

made the resolution of the fee disputes uniform, user friendly and timely. Under the rules (depending on

the amount in dispute) the parties may have a one or three person panel of experienced arbitrators.

Wherever possible, the SGVLRS tries to provide arbitrators with experience in the area of practice of the

attorney(s) whose fees are subject to the dispute. It promises prompt and expeditious handling of each

dispute by a knowledgeable and available staff.

FEE ARBITRATION CLAUSE

The dispute resolution provision of Attorney-Client Agreement may take various forms: One possible

form is set forth below. Certain governing principles should be considered with regard to a fee arbitration

provision for an Attorney-Client Fee agreement. They are:

• Before a dispute over legal fees arises, the parties may agree, in the Fee Agreement or otherwise

that all fee disputes will be submitted to arbitration under Business and Professions Code Sections

6200 through 6202, but they cannot agree at the time that the arbitration will be binding.

• Before a dispute over legal fees arises the parties may not agree that they will mediate a fee

dispute.

• After a dispute over legal fees arises, the client and the attorney may agree to non-binding and/or

binding fee arbitration.

• For any disputes that do not involve attorneys’ fees (e.g. malpractice), the parties may agree at

any time, including in the Fee Agreement, and without waiting for a dispute, to begin arbitration

proceedings.

SAMPLE FEE ARBITRATION CLAUSE

In the event of a dispute between you and our firm regarding our firm’s fees, upon the request of either

party, the dispute shall be resolved by arbitration under Business and Professions Code Section 6200

through 6206 with the San Gabriel Valley Lawyer Referral Service or another State Bar of California

approved Fee Arbitration Program reasonably acceptable to you and our firm. The arbitrator(s) shall

apply the law of the State of California. Unless we agree to binding arbitration after a dispute arises, any

arbitration award is not binding on our firm or you, and to the extent permitted by law, our firm and you

have the right to pursue any other available remedy within 30 days after the mailing of a non-binding

arbitration award.

Page 13: THE GAVEL QUILL · PROGRAM: “The Legal Ramifications of Interpreting and Translating ... in the legal community have worked for years to reduce bias, support access to justice,

Board of Directors

SAN GABRIEL VALLEY LAWYER REFERRAL SERVICE

President Raul Sabado

Vice President John Peck

Secretary Josh Potter

Treasurer Tracy Wong

Assistant Treasurer Carl Herbold

SAN GABRIEL VALLEY BAR ASSOCIATION

President Anthony Seto

Secretary Michelle L. F. Montgomery

Treasurer Michael Fedrick

EASTERN BAR ASSOCIATION OF L.A. COUNTY

President Amanda Cajen

Vice President Shannon Knight

Treasurer Laurie Harrold

Secretary James Bostwick, Jr.

Past President Elizabeth Courtney

PASADENA BAR ASSOCIATION

President Mark Khalaf

President-Elect Carey Caruso

First Vice-President Jesse A. Arana

Second Vice President Lisa Z. Liu

Treasurer Elect Pamela Tedeschi

Secretary Arash Hashemi

Executive Director Christopher C. Chaney

The Gavel and Quill is a monthly publication of the San Gabriel Valley Lawyer Referral Service, the

Pasadena Bar Association, the San Gabriel Valley Bar Association and the Eastern Bar Association of Los

Angeles County. Its Purpose is to inform members of the sponsoring bar associations of matters of interest to

them. We welcome and encourage articles and comments from the membership.

Please address your contribution to:

1175 East Garvey Street, Suite 105, Covina, CA 91724-3677

(626) 966-5530 ▪ (626) 442-6973 ▪ (909) 599-3847

Website: http://sgvlawyer.org.

Email: [email protected]

FAX 626-915-4755