California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA — SEPTEMBER 2001
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - September 2001
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News / News Briefs
Davis signs diversion bill, nixes more access money
Six new members elected to bar board
Board votes to keep MCLE hours at 25 over 3-year period
Supreme Court denies rehearing on disbarment
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2001 Citations
Single father, practicing four years, devoted to pro bono
Pro bono awards
Antitrust lawyer honored
Judge Epstein receives Bernard Witkin medal
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Opinion
From the President - A good year for the State Bar
MJP panel provides an interim solution
Letters to the Editor
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MCLE Self-Study
A dangerous highway of discovery
Self-Assessment Test
MCLE Calendar of Events
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You Need to Know
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Discipline
Ethics Byte - Report shows with law firms, size does matter
Attorney convicted of killing client/lover resigns from bar
Attorney Discipline
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Public Comment
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Mosk's death leaves mark on court term
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By J. CLARK KELSO
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Justice Stanley Mosk's death on June 19 easily stands out as the most significant event of the California Supreme Court's just completed term. As I write in mid-August, Justice Mosk's chair still sits in the corner just a few feet away from the conference table in the chief justice chambers, a reminder of the great mind and spirit that for 37 years animated the room and the court.

Justice Mosk was one of the very few state court judges known to virtually every lawyer in the country. Author of almost 1,700 opinions, he wrote landmark rulings in nearly every area of the law, and Mosk opinions can be found in literally dozens of casebooks across the entire spectrum of the law school curriculum. He is, in a word, irreplaceable, and the court and entire legal community in California mourns his passing.

Appropriately, one of the most important cases this term was Aguilar v. Atlantic Richfield Co. (2001) 25

See MOSK DEATH LEAVES IMPACT


California not ready for full MJP, panel says
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By SHARON LERMAN
Staff Writer
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A state Supreme Court task force on multijurisdictional practice has decided California isn't ready to open its doors to all comers, instead recommending relaxed rules allowing some out-of-state attorneys to cross the threshold.

Last year, the state legislature referred the issue for further study after state Sen. Bill Morrow, R-Ocean-side, authored a bill that would have allowed established attorneys to practice in California without taking

See CALIFORNIA


State Bar settles Brosterhous case for $900,000
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The State Bar has agreed to pay the Pacific Legal Foundation $900,000 in attorneys fees for its work on the decade-long Brosterhous case, which challenged how the bar uses mandatory member dues.

The fee is less than half of PLF's $2.3 million fee petition, which was pending before Sacramento Superior Court Judge Morrison England Jr.

"We are pleased to have resolved the final issue in a case that lasted 10 years," said State Bar President

See SETTLEMENT


A new president brings energy and determination to the job
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2001-'02 State Bar President Karen Nobumoto argues an unauthorized practice of law case in Los Angeles Superior Court in which she eventually won convictions.Karen Nobumoto isn't one to cloak her feelings, and on a recent day in Los Angeles Superior Court, the deputy district attorney is feeling a bit impatient. This is her last criminal trial of the year, before she moves to a lighter case workload to perform her duties as the 76th president of the State Bar of California.

It's not that this case isn't a good one: Mark Hylland, a paralegal, is accused of practicing law without a license, and UPL is a statewide concern Nobumoto plans to address during her presidential term. It's the day in court that's lackluster: The defense attorney

See 'TOUGH BUT FAIR'


Activist for Latino community cited by State Bar
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For more than 25 years, attorney Joaquin G. Avila has ensured the polls are open to minority voters. Avila, 53, is a voter-rights specialist who works to secure access for Latino voters and is promoting redistricting following the 2000 U.S. Census.

For his efforts spanning the Southwest states, Avila was selected to receive the 2001 Loren Miller Legal Services Award, the State Bar's highest honor.

As a young attorney working for the Mexican American Legal Defense and Educational Fund (MALDEF) in the early 1970s, Avila quickly learned that equal access is at the heart of community activism.

"I realized some of the cases we had were against poli-

See AVILA NAMED