California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - OCTOBER 1998
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - October 1998
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News
George calls court funding failure 'betrayal'
Court rejects rule to bare secrets
Chief justice, 3 associates seek retention from voters
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You Need to Know
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Opinion
Farewell to an independent bar
The last few gasps of a dues bill
A look toward the future
Getting leaner on our own
Justices and politics don't mix
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Letters to the Editor
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Legal Tech - Deconstructing computer leases
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New Products & Services
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MCLE Self-Study
Amending Irrevocable Trusts
Self-Assessment Test
MCLE Calendar of Events
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Discipline
Ethics Byte - Clients still have right to secrecy
8-year attorney, disciplined 11 times, is finally disbarred
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Service Awards
Neiman receives bar's top honor for helping others
13 attorneys, 2 law firms cited for pro bono efforts
Foundation presents 32 scholarships to California law school students
LA County Bar wins national recognition
Dues deal dies
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(continued from front page)
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went for naught."

New President Ray Marshall said he favors having a proposal ready when the legislature reconvenes. "We can't really afford to wait another year or even half a year without some kind of interim relief," he said. "If there are people to talk to, we want to make it happen sooner rather than later."

Asked if the bar would seek help from the Supreme Court again, Marshall said he will "consider all avenues . . . We're pretty well committed to trying to get funding from whatever source we can possibly find."

Asked if he would carry legislation for the bar again next session, Hertzberg said, "It depends. If the leadership of the bar is rational and we get a new governor who is rational, I'd be interested in doing it."

Hertzberg and bar officials had their first face-to-face negotiation about the dues bill with Wilson on Thursday, Aug. 27. The governor vetoed the dues bill on Oct. 11, 1997.

"The governor's strategy in negotiation is to wait until the bitter end to put the maximum amount of pressure on his opponents to win the greatest amount of capitulation," Hertzberg said.

The strategy failed, he added, because the reforms the bar was willing to make ultimately died when the governor tried to extract even more from the bar during the last-minute negotiations.

Some observers charge that the bill really died on June 25--the night before nearly 500 State Bar employees were laid off--when the governor rejected essentially the same provisions that were contained in the final version of the bill. Once the layoffs took place, legislators no longer had the incentive of trying to save jobs as part of supporting a reform bill, these observers say.

To Wilson's charges that Hertzberg was the one who finally blocked bar legislation, the assemblyman responded that throughout the months of low-key negotiations, he never made a move without consulting the governor's office and used Wilson's original veto message as the blueprint for reform.