UCLA Law - Summer 1994, Vol. 17, No. 2

Practicing . Law THE UCLA CLINICAL PROGRAM

of the UCLA School of Law

Vol.

17, N° 2

Summer 1994

UCLA Law is p ubli sh ed at UCLA for a lumni, fr ie nd s and o th er m e m bers of t h e UCLA Law co m m un ity

Offices at 405 Hil gard Ave , Los Angeles, 90024.

Susa n Weste rbe rg P rager: Dean

J oan Tyndall: Assistant Dean, Development and A lumni Relations

Magazine Staff

Kare n N ik os: Editor

Ph otograp hy: ASUCLA P h oto Serv ice (Jo hn C hun g a n d

Te rr y O'Do nn e ll ); and Maryann St ue hrm ann

Ed ito ria l assistants: Pa rri sh Sadegh i, Jea n L ieu

Co nt ri b u t ing w r ite r: Aa ro n Sh o n k

Des ig n: La u ste n /Cossutta Des ign, Los An geles

P ri nted by Typecra fr , Pasade n a , Ca li f.

UCLA Law Alumni Association

Board of Directors

Robert B. Bu rke '66 : President

H o n Lau rence D. Rubin '71: Vice President

Al a n M M irma n '75' Secretary

Re n ee L. Ca mpb el l '80: Treasurer

Ti mot h y Lap pen '75: Immediate Past President

De bora h A. Dav id '75

Ra que ll e d e la Roc h a '87

R ic h ard D. Fybel '7 1

A ndrew J. G uil fo rd '75

Frede ri ck Kup erbe rg '66

S. J erome M an d el '71

Mic hael D. Marc u s '67

G race N. M its uh a ta '75

Ma r gu er it e S. Rose nfeld '76

J o hn F. Runkel , J r. '81

Ma rk A. Samuels '82

L in da Smi t h '77

J o hn H. Westo n '69

W. Ke ith Wyatt ' 77

Step he n D. Ys las '72

cover photo by Karen Nikos

left: Ju dge Alex Koz in ski of t h e U.S. Cou rt of A p pea ls fo r t h e

N int h C ircu it a nd J oa n De m psey Kl ein of th e Seco nd D ist rict

Stare Co urt of App ea l loo k o n as UC LA law sch oo l g rad uates are sworn in to the State Bar at ce remo ni es o n camp us las t w in te r.

right: Grad u ates a re swo rn in to t he State b ar

UCLA Law

3

CLINICAL STUDENTS PREPARE FOR THE REAL WORLD 18 THE CLINICAL FACULTY 20 23 24 31 39

CIVIL RIGHTS ATTORNEY

JOHNNIE COCHRAN JR. INAUGURATES

IRVING H. GREEN LECTURE SERIES

"THE TRIAL OF OLIVER WENDELL HOLMES"

PROFESSOR KEN GRAHAM DOES IT AGAIN (THE MUSICAL)

TEMBLOR QUAKES CAMPUS

ALUMNI NEWS GIL GARCETTI HONORED

ESTATE PLANNING: A NEW COLUMN

DAVID SIMON SCHOLARSHIPS ESTABLISHED

CALENDAR OF EVENTS IN MEMORIAM

Student Oswald Co usins discusses evidence with attorney Scott E. Alum b a u gh

Clinical students prepare for the real world

Clinical stories written by Karen Nikos

OswALD CousINs WAS a first-year law student at UCLA, absorbing all the legal savvy and knowledge that he could gather when his uncle introduced him to a business associate-a woman who practiced law for a national law firm.

"She said young attorneys coming right out of school were overpaid," Cousins recalled. "She said they were getting $70,000 a year and they didn't even know how to file a complaint."

"Even back then, that's what got me thinking, " Cousins says. "I didn't want to be one of those people she was talking about. I wanted to come out of law school with useful skills, not just theory." Cousins looked into UCLA's Clinical Semester after he heard some friends talking about it, applied and was accepted. Now, he's hooked.

"I think it 's a great program," said Cousins, a student in the spring Clinical Semester.

The 14-unit Clinical Semester, where students function in a law practice setting full time, grew out of a continuing discussion in the profession to better prepare students to be competent lawyers, says David Binder, a nationally recognized clinical scholar and educator who developed UCLA's Clinical Semester as an experimental program in 1990. Since then, the program has flourished. In recognition of the success of the Clinical Semester, the law school recently received a grant of $uo,ooo from the U.S. Department of Education to continue and expand the program. The Clinical Semester is a greatly expanded, full-time version of the hands-on work offered in a clinical class. Traditional clinical classes offered in the UCLA curriculum include trial advocacy, pre-trial lawyering, negotiation, interviewing, counseling and fact investigation in complex litigation. And this fall, a six-unit Environmental Law Clinic in cooperation with the Natural Resources Defense Council will be inaugurated.

Most clinical classes feature some work with actual clients under close faculty supervision, with students working out of the Law School Clinic or, for a few courses, in a public interest law setting. In teaching students to think like lawyers, clinical program professors aim to give students the tools to teach them how to think through a problem . "We're very concerned that we do more than provide an early release to practice , " Binder says. "We have the students build conceptual models that focus them on what kinds of questions they should be asking themselves and how they ought to think about coming up with the answers."

Carrie Menkel-Meadow

MENKEL-MEADOW FOCUSES ON LAWYERS' ROLES AS MEDIATORS

Building on her premise that law is meant to be a helping profession,Professor Carrie Menkel-Meadow has diversified clinical education at UCLA by developing nationally recognized clinical courses and producing scholarly work that focuses on lawyers' roles as mediators and problems solvers.

"My focus is to try to train lawyers in the helpingand healing side of lawyering, not just the litigating side," says MenkelMeadow, who was on leave from UCLA this spring while teaching at Georgetown UniversityLawCenter. Sheteaches,among other subjects, clinical courses in mediation, negotiation and alternative dispute resolution. "What I do is combine the scholarly study of mediation with actual practice," shesaidofhermediationcourse, which she teaches in alternate years.

Each student in last year's mediation class, for example, mediated actual court cases in Santa Monica and Los Angeles Superior Courts involving landlord-tenant, personal-injury and contract issues with full supervision by both MenkelMeadow and Assistant Dean for Clinical Programs Susan Gillig.

The course combines theory, policy, skills teaching and practice about mediation and its role in the public justice system. "I teach that the attorney should do more listening than talking," she said.

Additionally, Menkel-Meadow advocates in her courses, writings and lectures that mediation should be used as an effective way to settle disputes, not as a speedy solutionto cases. 'Tm not concerned with clearingjudges' calendars,I'm looking at a method that will best resolve a case," she adds.

In her clinical course in negotiations, students resolve dispures and work out solutions to cases through simulation. Menkel-Meadow stresses the importance, in the course, of attorneys' involvement with their clients. Even though the "clients" are really volunteers playingthe roles of clients,the simulated cases present their own challenges, says Dawn Sellers, a student who completed the course. "They (the volunteer clients) were assigned the roles, and they played their pans so well and took them so seriously that you had to work really hard to get the problems resolved.That was good-the class was a lot of hard work."

Beyond her classroom work, MenkelMeadow's inter-disciplinary work in all areas of curriculum, scholarship, lecturing and mediation training illustrate how her scholarshipandteachinginformeachother as she seeks to reform both legal education and the profession to solve problems more creatively and in a less adversarial way.

Menkel-Meadow and the University Ombudsman, Howard Gadlin, recently received a grant from the Hewlett Foundation to begin a UCLA Center on Interracial/Inter-ethnicConflictResolutionthat will be interdisciplinary in nature. "The Center's goal will be to help resolve disputes arising from inter-racial and ethnic conflicts in the UCLA and larger Los Angeles community," says Menkel-Meadow. She also serves on the American Bar Association Subcommittee on Ethics in ADR and recently was asked to consult with the Department of Justice on mediation and ADR issues.

Menkel-Meadow's scholarly writing includes several articles that have become classics in their fields or have established the framework for future scholarship.The most notable of these, many legal scholars have concluded, is the prize-winning 1984 article on negotiation published in the UCLALawReview, "TowardanotherView of Legal Negotiation: The Structure of Problem Solving." A 1991 article, "Pursuing Settlement in an Adversary Culture: A Tale oflnnovationCo-opted or the Law of ADR," in Florida State Law Review also received the Center for Public Resources Prize for ADR Scholarship.

Her 1993 article: "To Solve Problems, Not MakeThem: Integrating ADR in the LawSchoolCurriculum,"outlinesMenkelMeadow'stheoriesthatafirst-,second-and third-year sequence of legal education in ADR can be developed to further incorporate ADR instruction into law school curricula.Thearticlehasbeenusedasa vehicle for curricular reforms in a number of law schools.

Yetanotherofher works,"CultureClash in the Quality of Life in the Law: Changes in the Economics,Diversification and OrganizationofLawyering,"publishedin Case

\Vt>stem Law Review this year, examines a variety of changes in the legal profession, including changes in billing practices and increased diversification of the profession. The paper,commissioned by the National Institute on the Future of the LegalProfession in the 21stCentury,led to the drafting of some resolutions that will be used in bar efforts to change certain aspects of the profession.

One of Menkel-Meadow's most recent pieces focuses on the importance of skills training in the law school curriculum and critiques the ABA's MacCrate Report. Menkel-Meadow also writes and consults on issues of legal ethics and women's issues in the law. Professor Menkel-Meadow is one of three leaders of UCLA's faculty workinggroup,formedwiththesupportof the Keck Foundation, which is designing new ways to introduce ethical issues throughout the law school curriculum.

"Myfocus is to try to train lawyers in the helping and healingside oflawyering, notjustthe litigatingside"

CARRIE MENKEL-MEADOW

Clinical Semester students learn in a law firm setting

On the first day of class in the full-time Clinical Semester, students meet not as a class but as a "law firm." They congregate around a conference table and discuss the cases they will handle during th e semester, much of which will go beyond what a first-year associate at a law firm would experience. They set up their work schedules And although the public interest work they will perform for Los Angeles area law firms is free, they will track their billable hours just as if they were working in a law firm.

"The Clinical Semester serves as a bridge between law school and real life," notes Professor Gary Blasi as he opens the first class of the semester in one of several specially equipped clinical rooms furnished with a conference table rather than long lecture hall desks. The arrangement enables students and professors to discuss cases. In the corner of the room is a VCR cabinet. To supplement traditional instruction , professors often tape depositions, client interviews and other sessions to later critique and discuss with each student

Blasi co-teaches the Clinical Semester with Lecturer Carson Taylor. The instructors, who have more than 40 years of public interest and litigation experience, also serve as the supervising lawyers of the clinical law firm. Professors and students agree that the supervision by experienced lawyers who work along with the students is the greatest asset of the program, and the facet of the Clinical Semester that sets it apart from the traditional law school experience of externships and summer clerkships.

While most law students get practical experience in externships, volunteer work or summer jobs, they don't always have a supervisor who can take the time to explain why they are doing the tasks they are being asked to complete, says Cousins. The New York native held three different jobs in law firms before signing up for the Clinical Semester. "But now, I am learning why I'm doing the things I do . "

Binder agrees . "It doesn't do any good to tell students what to do unless you help them understand why proceeding in a particular way makes sense."

As Blasi explains on the first day of the Clinical Semester course, studentsmost of whom are in their final semester of law school-are exposed to the full range of litigation tasks that will be expected of them upon entry to practice. Students explore and develop skills such as case planning, fact investigation and development, as well as counseling and advocacy. These tasks are discussed and practiced both in the classroom-often using simulations and role playing-and through work on actual cases Students are required to develop lines of questioning in light of the legal and factual theories at issue in the case. Blasi and Taylor, acting as "senior partners" are present during client interviews in each case, which are taped with the client 's consent. Depositions, both mock and real, are also videotaped Finally, the student's performance is critiqued by the instructor.

"There's no question, had it not been for my class in Trial Advocacy, I would not have gone into trial work-and! wonder what my career would have been like. "

U S. DISTRICT

JUDGE LOURDES BAIRD, UCLA LAW CLASS OF 1976

Student Susan

goes over details in a will with a client.

STUDENTS D RA FT WILLS, WORK WITH CLIENTS

For Michael Meeks, a class in Wills and Trusts gave him a good idea ofwhat a career in estate planning might be like. But, he really grew to love the field when he enrolled in a clinical class on Planning and Drafting for Small Estates

"You really gee to know your clientyou have to know everything about their life to plan their estate," Meeks says of his experiences in the clinical class last fall. "And, they want to talk to you. It's not a stressful experience for chem or for me "

The estates class, caught by Assistant Dean for Clinical Programs Susan Gillig , allows each student during the semester to rake on two clients with estate planning needs. The clients are referred through the Felicia Mahood Senior Center in West Los Angeles and the L.A. Gay & Lesbian Community Services Center To prepare the student-l awye rs for the live client work, classes focus on interviewing and counseling skills and substantive issues related to testamentary disposition of small estates Outstanding local lawyers participate directly, lecturing students on general estate planning practice as well as more specific issues like taxes, drafting techniques, contested wills, ethics and elder issues. After substantial in-class training the students work directly with their clients from the first client interview, to evaluating the client's needs, to the final draft and signing of the will. The students are supervised every seep of the way by Assistant Dean Gillig and one of the participating lawye rs

The work in the class is uniquely and intensely personal, says Gillig. "Our clients come to us with a variety of needs and situations-clients who are HIV-positive,

elderly people without heirs, all kinds of people who are making important decisions in their lives often under considerable stress This kind of legal work is particularly personal and requires a good deal of sensitivity from the students. But it's this relationship with the client that they find so rewarding."

Megan Mayer, another former student in Gillig's course, said she found it challenging and rewarding when she worked with a client who was HIV positive. "I counseled the client in very personal and emotional decisions that I had never anticipated," Mayer said. "Wh ile I enjoyed my Wills and Trust course , it could not have prepared me for counseling a client who was planning to discuss being HIV positive with his children as the clinical course did."

Alex Steinberg, a Manhattan Beach estate planning attorney who has supervised students in the program for about 20 years, said he returns year after year to volunteer for the program because he finds the work inspiring. "Students today have a much broader grasp of the legal professionprobably because of the clinical programthan when I was in law school. It gives me a good feeling about the quality of education chat people coming into the profession are receiving."

•:•

Bunnell

Public service is one of the goals

Clinical professors are quick to point out that the program has other objectives. "We try to teach students that everyone has the right to legal representation; that public interest work is important," said Blasi, who joined the UCLA faculty in 1990 after more than 15 years as a highly regarded public interest attorney.

Professor Lucie White, whq teaches poverty law clinical courses, adds that UCLA's role in clinical teaching is imperative. "I think it's important for a university that receives public funds to provide public services."

The larger cases on which the students work are drawn from the public interest sector and usually involve low-income clients-people who, without the help of the public interest lawyers working as co-counsel with the UCLA clinical program-probably would not be able to hire an attorney. This component of the program captured the interest of 27-year-old Deborah SingerFrankes .

"I feel at last like I am a productive member of society," said SingerFrankes, a third-year student. ''I'm really helping a client; my whole outlook has changed." She said she already had completed some public interest work in law school, but that the supervision by professors in the clinical program adds to h er understanding of the legal process. "I feel like stopping other students in the hallway a nd saying, 'this is so great . Let me tell you what I'm doing."'

Students in the Clinical Semester work on cases across the spectrum of litigation-from representing individual debtors in adve rsary proceedings in bankruptcy court to coordinated investigation and discovery in large scale class actions. During th e past spring semester, students assisted pub lic interest and pro bono lawyers with the investigation and discovery in a case brought by Korean-American shopkeepers who lost their businesses in the 1991 riots, only to find that the offshore insurance companies to w hom they had paid premiums had simply disappeared . That litigation in vo lves more than roo defendants and 60 law firms. Clinical Semester students also interviewed prospective witnesses in a statewide class action brought to e nforce federal mandates for health care for poor child ren " Through th eir work on larger cases," notes Blasi, "s tudents learn lessons not available on the small-scale cases found in most law schoo l clinics."

Students also learn how to use computer database and retrieval software to manage huge quantities of info rmat ion. They learn how teams of lawyers organ ize and coordinate their work on large projects, as well. To manage th e hundreds of o utstanding t asks pending at any one time in the C lini cal Semester, professors and students utilize the law school's state-of-the-art co mputer network and the same database software that was used by the U .S. Government in the bombing of Iraq.

Through a partnership with Public Counsel, the largest pro bono public interest law firm in th e nation, UCLA b ecomes integrated with other pro bono legal service provid ers , which include a vast number of lawyers in privat e firms

'7

feel like stoppi ng other students in the ha llway and saying, 'this is so great. Let me tell you what Tm doing."'

DEBORAH SINGER-FRANKES, CLINICAL SEMESTER STUDENT

Clinical Semester students have worked as co-counsel with pro bono lawyers at Brobeck, Phleger and Harrison as well as Litt & Marquez. They also worked with public interest lawyers at the Natural Resources Defense Council, Asian Pacific American Law Center, San Fernando Valley Neighborhood Legal Services, the ACLU, the National Health Law Program, Mental Health Advocacy Services and the Inner City Law Center, a program focused on the homeless. In addition to building ties between UCLA and the public interest bar, Public Counsel provides partial funding for the program.

"The goal of the program is to introduce students to public interest law," says Taylor, who has just completed three years as director of UCUs partnership with Public Counsel. "We believe that once they have experienced the satisfaction of using their legal skills to help real and needy people, students, once they are lawyers, will want to integrate public interest law into their career. This might be as full-time practicing public interest lawyers or as volunteers on individual cases as part of their commitment to pro bono legal work."

Students complete real case work

The simpler cases, such as unemployment insurance appeals or representation of bankruptcy clients who have been served with non-dischargeability complaints, are assigned to an individual team. The teams, made up of two students each in the Clinical Semester course, will take the case from initial interview to hearing acting as "real attorneys." This, said Joe Leyva, a student in the Clinical Semester, can at first be intimidating

"But I like the idea of hands-on learning," says Leyva, who has among other things, helped a client in a bankruptcy case where he had to discuss the case before a federal bankruptcy judge. "It was a little scary, at first, but the judge was very nice to us."

U.S. District Judge Lourdes Baird of the Central District of California, who graduated from the law school in 1976, said it was the adrenalin that pumped through her veins while doing her first real case work in UCUs Trial Advocacy course that spawned her interest in trial work. "There's no question, had it not been for my class in Trial Advocacy, I would not have gone into trial work-and I wonder what my career would have been like," said the judge, who was hired as a prosecutor by the U.S. Attorney's Office in Los Angeles immediately after graduation. She later became U.S. Attorney for the Central District, and was appointed to the federal bench in 1992.

"It was that class that gave me the self confidence to go ahead and pursue trial work," she said of the experience, which planted her and fellow students in juvenile dependency court representing parents.

Judge Baird said of her Trial Advocacy professor, now-Los Angeles Superior Court Judge Paul Boland: "Paul guided his students to come to their own decision; he encouraged his students to assume full responsiblity for their cases; yet, all the while, he maintained dose supervision of the students' performance without stifling the students' freedom or creativity."

D

eborah Sin ger-Frankes

FIRST-YEAR LAWYERING

SKILLS COURSE OFFERS

PRACTICAL EXPERIENCE

Wendy Munger gave her first-year students in U CLNs inaugural Lawyering Skills class last fall an important message: "I am here to spare you pain. I am going to teach you what you really need to know when you get into practice. The rest of us had to learn on the job, and that was painful. This course has been designed to send you into practice better prepared for what you will actually face."

The former first-year rite of passage, Legal Research and Writing, has evolved at UCLA into a basic skills course that covers not only the fundamentals oflegal research and writing but also legal reasoning, client counseling, fact investigation, and techniques for interviewing clients and witnesses The students learn these skills by working on problems brought ro them by "clients" played by volunteers from the law school's witness program. The students spend the year in the role of law clerks or beginning lawyers at a law firm handling a se ries of realistic assignments relating to these clients' problems.

During the first semester, the students handle three different client problems that require them to research a legal issue and write an objective inter-office memo about it. Each problem begins with a client interview and ends with the counseling of the cli ent "One of the fund a mental goals of the course, " said Munge r, "is to show t h e students that the work of a lawyer does not begin with a legal issue served up on a silver platter and does not end when the lawyer finishes writing a legal memo analyzing the strengths and weaknesses of the client's position." In the Lawyering Skills course, the students are shown that the lawyer must first inte rview the cli ent to elicit the facts and ro unde rsta nd the client's goals . Afte r the lawyer completes the legal research and analysis, the client, with the help of his or her attorney, must decide wha t to do next.

"We are teaching them to think through a nd st rategize what is best for the client, for

the particular situation There could be several possible solutions , and they don't all involve litigation," said Lawyering Skills Professor Cassandra Franklin

In the second semester ofthe course, the students are introduced to a new client who is already involved in a lawsuit ; the remainder of the semester then is spent working on this litigation. After conducting a factual investigation by interviewing the clien t and favorable witnesses, they must depose the witnesses for the other side. The students also must write a persuasive memorandum of points and authorities in support of a motio n involving a discovery dispute, make an oral argument about that motion in front of a "judge" played by an attorney volunteer and parti cipate in a mini-trial in front of a "jury" played by volunteers from the witness program.

The course is designed so that skills required in each ofthe six major areas ofthe curri culum- legal reasoning, legal research , legal writing, client counseling, fact investigation, and client interviewing-are repeated in each successive problem, with increasing levels of complexi ty. Typically, each assignment requires the students to repeat the steps taught in the earlier assignments while adding on e or two more concepts

Introducing students to legal reasoning is the most important goal of the course The assignments throughout the year require the students to use analogical and infere nti al reasoning. Th e first client problem requires the stude nts to reason by a nalogy and inference in a n obj ective memo as th ey compa re their cl ient's facts to a single publish ed opinion that is mandatory authority. In subsequent problems they must again use analogical and inferential reaso ning in writte n m emora nda as they co mpare their client's fac t s to man y diffe re nt cases, both favorable a nd unfa vorable. Professor D avid Binder, who developed th e n ew Lawye ring Sk ills co urs e in association with Pa mel a W oo d s, Cass a ndra Franklin , Louisa Nelson and Wendy Mun ger, wanes the s tud e nts in the Lawyeri ng Skills course to u n de rst and tha t legal reasoning is not used solely in the a n alysis of case law in legal memoranda "A lawyer chinking thro ugh w ha t evidence to seek during the discovery st age ofa lawsu it , o r how t o most pe rs uasively present a piece of evidence during closing argument at a tri al, m u st use the same types o f legal reason in g as a lawyer w riti n g a brief," said Bin de r.

Teaching in c reased awa re ness o f professio nal respo n sibili ty is a n othe r important aspect of th e n ew co urse . "In partic ular, we h ope that the casks we ass ign t o o ur students help them begin to apprecia t e the ca re a nd attention to d et ail t h at lawye rs

must devote to a client's matter in order to do a professional job, " Binder said. Most classroom sessions involve the students in some form ofhands-on exercise. In an analogical reasoning exercise, for example, the students might be asked to make all of the arguments possible in applying a case to a hypothetical fact situation, with half of the class taking the plaintiff's side and half taking the defense's side "We find that injecting an element of competition into an ungraded classroom exercise sometimes spurs the students on to new heights," said Lawyering Skills teacher Suzanne Tragert.

Binder and the teachers who have been experimenting with the new course believe that the role playing, the sequence of skills learned, the realism, and the hands-on classroom exercises enable students to learn and retain the material better than they might in a more traditional classroom setting "A wise So-year-old lawyer once remarked to me that he remembered less than one percent of everything he had ever learned from a classroom lecture, but he remembered most of the work he had done for clients, and 100 percent of the mistakes he h ad made in prac tice, " said Munger "We are trying to enable the students to learn by doing, not learn by listening. "

•:•

'1t doesn't do any good to tell students what to do unless you help them understand why proceeding in a particular way makes sense. "

PROFESSOR DAVID BINDER

Stude nts a nd Professor Gary Blas i (righ t) m ee t

a d owntown la~ fi r m to d iscuss w ith attorn eys cases th

"Without the effo rts ofthese volunteers we simply could not p rovid e so many of our students with this criti cally important learning exp eri en ce. "

PROFESSOR AL MOORE

VOLUNTEERS PITCH IN AS WITNESSES AND CLIENTS

Lillian Alpers was searching for a volunteer activity to keep h er busy during her retirem ent years whe n she saw a plea for volunteers for UCLA Law School's Clinical Program published in the Los Angeles T im es. She responded , at first playing a juror in mock trials and pro gressing to the role of witness That was 15 years ago, and Alpers st ill s ubj ects h erself regularl y to hours of grueling direct a nd cross examination, d epositions and th e st udying of scrip ts all in the spirit of volunteerism.

" I could have volunteered to stuff envelopes somewhere, " says the spirited former teacher and social worker. " But I was looking for something th at interes t ed me. "

Alpers is one o f mo re th an 30 0 voluntee rs who ha il fro m a va rjety of ages a nd backg rounds to vo luntee r as a witness fo r th e law school's clinical programs. The volunteers , by taking on the role of a witness, juror or client in a mock case created by faculty, help stude nts learn first hand wh at it 's like to p articipa te in the legal process Besides m ock t rials held in fro nt of real jud ges at the culm ina ti o n of each sem es ter 's Trial Ad vo cacy cl ass , they p lay roles for first- year Lawyering Skills classes, students enrolled in negotiat ion courses , and in a ny clinical classes where their servi ces might be required By playing the role of a witness o r client in a class setting, they also help students p ract ice handling cases b efo re the students go out to the comm unity to perfo rm public service work. In Su san G illi g's class o n Estate Planning, fo r instance, volunteers play the role of a person needing a will. Students can then pract ice in the class room settin g b efo re help in g people in th e community wi th real wills "The Vo lunteer W itness Program h as grown immensely durin g t h e p as t few years," sai d Bun ny Friedma n , W itn ess P rogra m Coo rd inator. "Because we a re for tun at e t o h ave so many wo nderful and tale nted people w h o a re willing to give u s their time , we have been able to m eet th e ch all en ge of t his con stantl y expanding program " As volunteers, witnesses m ust study t h eir roles T h ey are given a syn opsis of t h e case a nd a list of fac ts sim ilar t o a scri p t with whi ch th ey mus t become fa mili ar b efore assuming their roles They also m us t lea rn , as the plainti ff o r d efe nd a nt in a case, w h at th ei r goal in t h e case is a nd wh at so lutio n wo uld best resolve their p ro blem , Friedman sa id.

T h ey m igh t , for examp le, t ake o n th e role of a d efra ud ed h om eown er T h e "witn ess," in su ch a case, t h en m ust answer questions fro m stud ents acting as atto rneys in bo th d epos it ions a nd in live co u rtroo m settings

The witness then might be grilled on ques tions such as when t hey bought their house? At what interest rate ? And from who m they attained their loan ?

"The program is marvelous, " Alpers says ofher reasons for returning each year. "The students are some of the most brilliant, a nd the faculty are some of the best lawyers in the country."

Paula Mishkin, the wi dow ofajudgeand the mother of a lawyer, volunteers as a witness during the winter months, whi ch she spends in Southern California rather than at her home in New York. She said she considers it an appropriate foll ow-up to a n acting class she took last year "The wa y I prepare for the case is to keep reading the script over and over again to keep the facts straight," Mishkin said

" It has been a wo nderful experience fo r me."

Playing the role of w itness, volun teers agree, requires much more tha n memo rization- it demands involvement. The roles entail good acting and creativity as well as energy In one instance, Alpers recalls, Clinical Program founder and Professor David Binder called her out of a roo m as she was being questio ned b eca use he felt sh e was too effective at con cealin g info rmatio n. H e then changed some ofth e d erails ofth e case so th e Alpers' a rtful dodging would no t extinguish the student "attorneys"' attack.

Reuben Estopinal , a volunteer for eight years, said he reads the sc r ipt several times and t akes no t es so t h at h e is sure he is fam iliar w ith the fac t s. " I try to n ever b~ in the position where I h ave to say, " I d o n't know."'

Professor Al Moore said volunteers a re crucial to the clinical experience. "Wo rkin g with volunteers allows the students to learn fro m t heir successes and , mista kes when p utting into p ractice the co n ceptual mode ls learn ed 1n th e classroo m. W ithou t t he effo rts of these volu nteers we simply could not provid e so many of o ur students wit h t his c ri t ically important learning experience ."

•:•

Aaron Sh onk

uWith the help and support of professors," Judge Baird continued, "I gained an understanding of what it takes to get prepared for court before I went to work as a trial attorney. That class made me realize that being a trial attorney is a job that is really fun."

Dawn Sellers, a student in Binder's Fact Investigation course, says she finds work on real cases to be much more rewarding than reading about cases in books. "This is the first class where I've helped a real client. It makes you want to work a lot harder when somebody's depending on you." That can also be the challenging part, she adds. "This is where you learn that what the client wants is what you want-you have to operate that way as an attorney."

In the Fact Investigation course-in which students learn the various procedures related to discovery and fact investigation prior to a trial-Sellers and other students work on a case, for example, in which they are trying to track down and identify various defendants. In the lawsuit, plaintiffs are accusing loan companies of defrauding them out of several thousand dollars by selling off existing loans that have been altered to reflect a different loan amount. In one case, a Pacoima woman accused various loan companies of fraudulently enticing her into an unconscionable loan for a roof repair. "She got her roof fixed, but that's about all she has," Sellers says of the woman, who may lose her home if she does not get legal relief in the suit, which was filed by San Fernando Valley Neighborhood Legal Services Inc.

Such cases, Binder says, give students valuable experience. "These cases help students learn to become part of a litigation team, all working together on the same case." And, in using the "borrowing model," in which students borrow real cases from law firms, students learn various aspects of putting together the discovery and investigation involved. That way, students learn how to work through an overall discovery plan.

Similar work is involved in the Trial Advocacy courses, taught by experienced clinical teachers Steve Derian and Al Moore. In the first semester, students learn trial techniques through a series of simulated exercises. The immensely popular course culminates the first semester with a mock trial of a fully developed case. The trial marks the end of the course for those taking the one-semester version of the class. Students continuing in the yearlong course, however, transfer their skills to real casesusually those involving individuals referred by the Labor Defense Network of the Legal Aid Foundation appealing a denial of unemployment compensation. Derian said the cases give students an excellent opportunity to present cases that they have developed themselves. "But more significant than that, they are dealing with a real client with real problems," he said. "We have a lot of clients whose ability to p ay rent next month depends on the outcome of this (unemployment compensation) hearing."

"That kind of experience," Professor Derian said, "helps the students appreciate how important their newly learned advocacy skills can be." Students in Trial Advocacy also get invaluable experience in developing fact investigation that leads to a trial. Derian noted that many law school graduates go to work for law firms where their primary responsibility will be to do discovery. "Students without any clinical expe ri-

SPORTS LAW CLASS PUTS STUDENTS ON FRONT LINES OF MOCK NEGOTIATIONS

Breaking n ew ground in sports law education, UCLA's Professor Steven Derian has added a clinical component to his Sports Law class that places students on the front lines negotiating and arbitrating mock salary disputes between athletes and their professional sports teams.

" I don't know of a ny other law school that h as thi s type of arrangement ," said Derian, who b egan adding clin ical work to his Sports Law class in 1991. The simulation is enhanced by real sports industry figures going head to head with law students in realistic negotiat ion s Participants include Sam Fernandez, in-house counsel for th e Dodgers; M ark Rosenthal , attorn ey for the Angels; Mi tc h Kupchak, a fo rmer Laker, UCLA Anderso n G raduate School of Management grad and now Assistant General Manager of the Lakers; Dennis Gilbert, one of the leading baseball player agents in the country; and J oel Corry, a UCLAW alum who now wo rks fo r M anagement Plus Enterp r ises in C entury C ity, a firm that re p rese nt p ro fessional athletes includin g b as k et b all player Shaquille O ' Neil.

While Sports Law is nor a clinical course , students in the course may participate in the course's clinical component fo r o ne independent study uni t. T h is spri ng, 17 o f t h e 50 students in th e co urse opted fo r t h e extra unit. Nine of t h e studen t s p articipated in n egotiations and eigh t in arbi trations. T h ose students are broken into two groups: some working on contracts for bas ketball and some fo r b aseball.

T h e mock cases in whi ch t he base ball st ude nts h one t h eir skills involve a hypot hetical playe r who is eligi ble for salary ar bitration , explains D erian . T he student n egotiat o rs, aid ed by advice fro m Gilbert , go up against either Fernandez o r Rosenthal. Those n ego tiations-which occur over several weeks via t eleph o ne and culminate in a fi n al face-to -face sessio n- m ay or m ay n ot res ult in an agreem ent. The students wh o arb itrate the cases proceed on th e ass umption ch ar rh e part ies were u na b le to reach a nego tiat ed agreem ent . T h ose stud e nts, whose p rep arat io n is aided by advice fro m t h eir d esign ated indust ry expert, argue t h e case to volunteer fac ul ty members such as Professor Peter Aren ell a, wh o knows almost as much about b aseb all as h e d oes c rimin a l l aw, a n d U C LA's P rofesso r Reginal d Alleyn e, who is an experien ced b ase ball salary arbit rator After hearing the case, t h e arb itrator reads t h e stud ent brie fs (which h ave run up t o 95 p ages) and re nd ers a d ecision "I am constantly struck by th e am ount of h ard wo rk stude nts a re w illing t o do fo r a mock arbitra tion ," .said

Alleyne . ''And, I have to struggle as much with a mock salary arbitration as I do a real one, because in both the mock and the real forum, both sides leave me with the initial impression that they are right."

Chris La ndgraff is a third-year student who spent his spring sem ester acting as a management lawyer, w orking with Fernandez, preparing to arbitrate on behalf of the Dodgers. He said the project involved a lot of work and was action · p acked. "It's exciting-you get to work w it h real agents and lawyers who ordin arilywo rk with each other in real nego t iation s and arbitr a tion s, " he sa id. In negotiations for rhe mock baseball player: " Everything is taken seriously; it's realistic, the stakes are high, and we (students) benefit from that."

In the basketball simul at ion, students negotiate a contract involvin g a Lakers draft choice Students rep resent tfi.e p arties on both sides of t h e n egotiating ta ble, but do so under the tutelage of both Derian and their assigned industry expert. Corrywho got his start in sports law in the first class in which Derian incorporated the clinical component, said h e works to make th e si mulations as realisti c as possible

"We give the students insigh t into the resea rch and strategy-what 's involved in these negotiations, " said Corry, whose own clinical sports experience in 1991 led to a summer job that eventually brought him to his current position for Management Plus Enterprises "Th e C linical Program gave m e a realistic insigh t into the busin ess," said C orry. H e added th at he always had b een interested in sports law, but didn't know how to make the transition from education to job "The clinical program helped me do that. "

D erian strives t o give t h e students experien ces modeled closely after situatio ns sp orts lawye rs wo uld h andle. "T h e fac ts they work wit h are creat ed with the aid o f m y industry exp erts so that every thin g is authentic," h e said ''And it's certainly a lo t m ore wo rk than one un it-I t ell the stud ents that goi ng into it . "

For th e benefit o f Sp orts Law students no t p articip ating in the cli nical compon ent , final n egotiatio n s am o ng th e pa rticipants are videotap ed ; highlights are p layed back fo r t h e res t of th e Spo rts Law class m em bers and are crit iq u ed by t h e industry exper ts De rian said ch ar giving students a ch an ce to see fellow students putting t heory into practice adds energy to th e co urse and h elps st udents b et ter understand t h e n egotiati n g process " Having t h e stud ents see wh at really h appen s in a typ ical negotiat ion is much better tha n h avin g m e o r my industry exp erts t ry to d escribe the process. "

'1

admit that I was' skeptical that a course entitled Sports Law could be a rigo rous intellectual exercise. Ste ve Deria n proved me wrong. The class examined in depth a breadth of topics in cludi ng labo r law, antitrust and constituti onal matters. "

Gerald Lopez

''I am ecstatic a bout returni ng to a law school that is enthusiast i c about training la wyers who want to do activist work. UCLA offers the best lega l trai ning i n th e coun tryfor everyone .fro m progressive pove rty lawyers to corpora t e dea l k " ma ers.

G ERALD L6P E Z

JERRY L6PEZ RETURNS

TO UCLA LAW

In returning to UCLA this fall , Professor Je rry L6pez will contribute to che cl inical program a caree r buil t o n reformin gthrough scholarship, curriculum development a nd p ractice-standard ideas about what lawye rs do, particularly w he n working w i t h r elatively marginali zed communiti es.

" I t hink we h ave co train lawyers to loo k a t lawyering as a c rea ti ve di scipline- as thei r li fe's vocatio n in th e m os t profound sense . It's something you have co work a t constantly -like a jazz musicia n. You work at it , not just to stay in sh ap e, but to reco n ceive w hat you should b e doing," says L6 p ez, w h o criticizes m ost legal educati o n as b ei n g "more ab o ut law th an lawye ring "

" We n eed t o t each students how to wo rk wit h och ers- clients, oth er professio n als, lay activis ts- as imaginative and painstaking problem solvers. "

Wh en L6pez begins t eaching clinical classes in th is fall -two six-u nit co urses in "Co mmunity Outreach , Education a nd Organizing" a n d " Local Economic Development"- he is return ing to the sch oo l h e left in 19 8 5 as, w h at he cal ls, a " big classroom t each e r " After serving for seve n yea rs as a pro fessor at U C LA-w h ere he was granted te n ure a nd received bo t h t he law school's Ru ete r Awa rd for Excellence in Teachi ng and t he University's D istinguish ed Teach ing Award - Lo p ez ta u ght fo r nine years at Stanford Law Sch ool. As th e h olde r ofan endowed ch airchere in p ub lic interest law teac h ing, P rofesso r L6pez has p layed a leading role in th e m ajor res cructu~ing of the law sch ool c ur ric ulum a nd h as remained active in p ublic inte rest work, incl udi ng b oth a wide range of civil righ ts litigatio n and comm un ity edu cation During the t ime h e was at UCLA, h e also served as visiting p rofessor at h is alma macer, Harvard Law Sch oo l, w h ich lacer tried co rec rui t him pe rmanencly

He said th e current public interest prog ram a t UCLA fits we ll into h is ideas of th e best legal t each in g UCLA has b een successful at combining t h e ideas of good lawyer ing wi th good legal t h eo ry - b oth which need to b e used effectively in t he classroom , h e says. "One of t h e b en efits of co ming b ack co UCLA is t h at people are alread y n gaged in th e ki nd ofwork I th ink needs to be done in legal educa tion. And t h ey d o it wit h extraord inary energy a nd creativity," he said.

" I am ecstatic about re t u rning co a law sch o ol t h at is enthusias ti c ab o u t training lawyers who want to d o act ivist work. U C LA offe rs t h e best legal t raining in ch e co un tr y- for eve ryo n e from prog ressive poverty lawye rs to corp o ra t e deal m akers "

Professor L6pez's wo rk in scholarship durin g t he past several years h as been tirel ess. H is 1992 b oo k , Rebelliou s Lawyering: One Chican o's Vis ion ofProgressive Law Practi ce, has been influential with practit ioners and sch olars alike In this wo rk, h e criticizes wha t h e calls the "regn ant idea'' of the progressive lawyer. In L6 p ez's sce n a rio, such a lawyer may be passionate about helping poor and powerless gro ups but d oes no t look resourcefully co the groups o r in dividuals themsel ves co aid in solving th ei r proble m s In L6pez's model , t h e rebellio us lawyer, h owever, tries to ace in equal part n ership with clients and recognizes t he co nside rable knowledge and resources chat m ost clients bring to the ta b le , both a bout everyday p ro blems a nd lo n g-term collective needs.

"Everyone likes to fl as h w ha t they k now. But better p rog ress ive lawyers w ill also expose co the client w h at they don't know and wha t t h ey n eed to learn so t h ey can together formulat e h ow b est to approac hto solve-a proble m ."

Beyo nd h is book, L6 p ez, a n a tive ofLos Angel es, h as a utho red nu mero us art icles a nd lectures, including, " Un d ocume nted Mexican M igratio n : In Sea rch of a Just Immigratio n Law a nd Policy," in 1981 ; a nd " Lay Lawye ring," in 1984 , b oth publ ish ed in UCLA Law Review M ore rece nt wo rks include a 1989 a rticle in Georgetown Law J ou rna l, " Reco n ceivin g C ivil Rights P ract ice ;" an d a Wt?st Virginia Law Review article , 'Traini n g Future Lawyers to Work with t he Politically a nd Socially Sub ord inated: A nti-Gen e ric Legal Educatio n. " Professo r L6p ez c ur re n cly is worki n g o n two books- o n e a study of economic d evelo pme nt in Ease Palo Alto; and t h e o ch er, a series o f essays ske t ching ce rtain racial, cl ass a nd cult ural d yn amics at work in Los Angeles •:•

ence often don't have a clue as to why they are doing that discovery, or what the end result will be," he said. "My students understand that discovery leads to trial-they have experience gathering evidence and developing facts that support the arguments they'll want to make at trial."

State-of-the-art computer equipment and software aid in the fact investigation process as well. Students working cases not only communicate with each and their professors by computer, they also learn to keep track of thousands of documents in any particular matter through the use of computer databases. Additionally, computer software programs enable students to have access to a plethora of public records that, among other things, establish connections between defendants in a particular case. "We're trying to help the students understand the uses to which computers can be put in complex litigation. The students use research tools like Lexis and Westlaw to find important legal data other than legal authority," Binder said.

Actual clients

Tiffanie Wagner, a second-year student working with Sellers and other classmates on the loan fraud case, said working on real cases makes her feel more committed to the cases and to the practice of law. "I feel like we're all she's got," Wagner said of the plaintiffin the fraud case, Anna Romero, 67, of Pacoima. ''And I'm doing my best for her."

Sellers, in her third year, is quick to point out that despite the practicality of clinical classes, she would not have been able to do the work if she hadn't learned the theory and legal principles earlier. "These classes put it all together: you learn how to think like a lawyer. Clinical program classes show us how to put the law school courses into focus. Professor Binder has emphasized that we should focus our discovery, for example, based on the legal theories most likely to succeed."

This is the second clinical course in which Sellers enrolled. Last year, she took a Negotiation course taught by Professor Carrie Menkel-Meadow, who has won awards for her work concerning alternative dispute resolution.

Sellers, like many of the 150 students who enroll annually in the Clinical Program, opted for taking a couple of courses rather than the full-time Clinical Semester. Binder said professors are working on improving the sequence of courses so that students can build on their skills in each clinical course. For example, last fall, for the first time, UCLA began integrating a clinical component into the firstyear curriculum in a course called Lawyering Skills (see sidebar). This required, foundational course allows entering law students to

Clinical students Dawn Sellers and Tiffanie Wagner discuss fraud case with Anna Romero, of Pacoima.

have a taste of clinical work during the first year of law school. Teaching these skills in the first year increases the skill level that students achieve in later clinical courses.

During an average week, students in the Clinical Semester might spend four hours per week in a classroom setting, four hours preparing for classes, about six hours in a simulated lawyering activity and the remaining 26-plus hours working on cases. At firm meetings once a week , they discuss cases Each team meets daily with a supervisor to discu ss ongoing projects.

The Clinical Wing, added to the school in 1989, was designed specifically for clinical education. The John Stauffer Courtroom is a fully equipped courtroom, complete with a jury box and judge's bench. The wing features ye t another hearing room, and many multipurpose classrooms equipped with v ideo cameras, monitors and playback capacity. In the clinical practice space, studen t s operate out of "law offices" with eight computer stations, a secretarial area where cases files are kept , a small library, two client interviewing rooms equipped with video cameras and a cli ent waiting area.

Innovations

in program go beyond traditional law

A Mediation Clinic, taught by Professo r Menkel-Meadow and Assistant Dean Susan Gillig , allows students to study the issues , principles and skills implicated in the u se of non-adversarial methods of dispute reso lution Students are ac tually trained in th e seminar to conduct m ediation in judicial an d community settings.

In that vein, Professo r Luci e White h as develo p ed a Seminar in Pove rty Law on Community-Based Advocacy with Poor W omen, which considers poverty lawye ring as a multi-dimensional collaboration between profession al advocat es an d comm uni ty gro ups White has foc u sed on different poverty issues-homelessness, h ealth iss u es, wo m en and children- during each of th e past four years sh e taught the course.

"The goal is to place students in a var iety of advocacy settings, " said W hit e, curre ntly on leave from UCLA w hil e teaching co urses at Harvard Law School. Last ye ar, students in h er class focused on g rass roots legal educatio n in the areas of housing, public b en efits , employ m ent rights, A ID S, drugs, immigra tion and dom es ti c violen ce White beli eves th e courses are inval u a ble to stude nts. "I chink the students really welcome t h e opportuni ty to develop these ski ll s My sen se is t h at they are enormously apprec iative of the law school 's support of th eir work."

Joe Leyva

CLINICAL PROFESSORS

PRODUCING SCHOLARLY WORKS

Existing trial advocacy texts do not explore the extent to which the nature of circumstantial proof affects trial tactics and techniques Bue a forthcoming book by professors Paul Bergman, David Binder and Al Moore addresses this shortcoming The book's principles are conveyed in a format focusing on inferential reasoning and argument construction. Trial techniques are then examined as a way of communicating arguments persuasively throughout a trial.

As Bergman notes: "Our observation after years of teaching is that although students can often make well-developed a rguments about what the law is or should be, they typically have great difficulty explicitly articulating arguments about historical facts." And developing an explicit argument regarding a case's crucial issues is an essential prerequisite co effective advocacy. "If you cannot develop a persuasive argument about the facts before you start your presentation, " says Moore, "then che substantive quality of your performance at trial will be lacking no matter how smooth your delivery may be . "

Professors in the UCLA Clinical Program have produced an impressive collection of scholarly works including Professor Carrie Menkel-Meadow's work on negotiation and mediation. She has twice won the Center for Public Interest Resources First Prize Award for scholarship on Alternative Dispute Resolution for her articles: "Toward Another View of Legal Negotiation : The Structure of Problem Solving," and "Pursuing Settlement in an Adversary Culture : A tale oflnnovation Co-opted or the Law ofADR." She currencly is working on a book , "Beyond the Adv ersarial Model : Negotiation and Mediation "

Ocher faculty work include: Moore's articles on jury analysis of circumstantial evidence, and Binder and Bergman's Fact Inves tiga tion text and their recent work Lawyers As Counselors written with Dr. Susan C. Price, a psychologist. This text is used by law schools throughout the nation and frequently cited in scholarly articles couching on the lawyer-client relationship. Rigorous attention to the study of law

practice is essential to improved lawye r competence. "Clinical education is not just an early release co practice." says Binder, "It is an effort co help students understand the conceptual underpinnings of the skills they will employ throughout their professional careers If students begin practice with such a conceptional understanding, experience is likely co make them sophisticated practitioners, not simply older lawye rs." •:•

Professors Al Moore and Gary Blasi discuss deposition tactics with students in one of the specially equipped classrooms in the clinical wing.

The Clinical Faculty

Paul Bergman

Professor ofLaw

Professor Bergman began teaching at UCLA in 1970, and helped pioneer the Clinical Program, along the way creating path-breaking work in trial advocacy literature. Professor Bergman received the 1992 UCLA Distinguished Teaching Award, and is recognized nationwide as one of the most most effective pioneers of clinical methodology in law teaching. He continues to teach a variety of clinical courses, as well as evidence and civil procedure. He also developed an innovative course called "Street Law," a seminar where the students teach legal concepts to high school students. Bergman has shared his expertise with other teachers across the country by repeatedly serving as one of the principal instructors at clinical conferences. He currently is working on a trial advocacy book with professors David Binder and Al Moore. Bergman is working with Moore on cine volume of Wigmore on Evidence. (See sidebar on professors' scholarship, page 17.)

David Binder Professor ofLaw

In 1970, UCLA faculty asked Binder to lead a pioneering effort to develop clinical methods of teaching. The effort soon grew into one of the most highly respected law school clinical programs in the country. Known for his collaboration with students, Binder was honored with the Luckman University Distinguished Teaching Award chis spring. He received the Rutter Award for

Excellence in Teaching and has been selected as Professor of the Year during his tenure at UCLA Law. He is the author, along with UCLA Professor Paul Bergman and clinical psychologist Susan Price, of Lawyers as Counselors, and is working with professors Bergman and Al Moore on a clinical teaching book on trial advocacy due out next year. Before coming to UCLA, Binder worked in private practice with Brown and Brown in Los Angeles and served as director of litigation for the Western Center on Law and Poverty in 1969-70.

Gary Blasi Acting Professor ofLaw

Professor Blasi has taught clinical courses at UCLA since 1991 and is currency teaching the full-time Clinical Semester course. Blasi may well be the only law teacher in America who did not attend law school. Subsequent to graduate study at Harvard, where he was a Harvard Graduate Prize Fellow and Woodrow Wilson Fellow, Blasi was admitted to the California Bar after five years of law office study or apprenticeship. Prior co joining the UCLA faculty, Blasi was Special Projects Attorney and the Director of the Homeless Ligicigation Unit of the Legal Aid Foundation of Los Angeles, where he was engaged in complex, large case litigation on behalf of the homeless. His research interests include how the legal system interprets and responds to social problems, how novice lawyers become expert, and the impact of information technology on the organization and delivery of legal services. He has won numerous public interest awards

Steven K. Derian Lecturer in Law

Steven Derian joined the faculty in 1987, having practiced law for four years as a litigator for Gibson, Dunn and Crutcher. He teaches clinical courses, and also taught legal research and writing, criminal law and sports law. He won the 1994 Luckman University Distinguished Teaching Award for lecturers chis spring, the first time a law school faculty member has won this university-wide honor. Derian has written articles in the field of sports law, which include: "Of Hank Gathers and Mark Seay: Who Decides Which Risks an Athlete is

Allowed to Undertake?" which was published in the UCLA Journal of Education in 1991. The article analyzes the legal dilemma faced by athletic administrators who must decide whether to allow a studentathlete to participate where that participation poses a significant health risk to the athlete but where refusing to allow the athlete to participate might constitute illegal handicap discrimination.

Susan Cordell Gillig Assistant Dean Clinical Programs and Lecturer in Law

Susan Gillig joined the UCLA School of Law faculty in 1983 as Assistant Dean for Clinical Programs. In addition to clinical education, she administers UCLA's innovative extern program. She teaches fact investigation; interviewing, counseling & negotiation; and estate planning. Gillig was Editor-in-Chief of the Southern California Law Review. She clerked for Judge Dorothy W Nelson of the U.S. Court of Appeals for the Ninth Circuit in 1980.

Carrie Menkel-Meadow Professor ofLaw

Currently on leave teaching at Georgetown University Law School, Professor Menkel-Meadow teaches primarily, but not exclusively, in the Clinical Program. She joined the faculty in 1979, marking the maturation and diversification of the growing clinical program. Her work in clinical education has been nationally recognized. She teaches pre-trial lawyering, legal negotiation, mediation and alternative dispute resolution, and courses in the legal profession and employment discrimination. She is co-director, along with University Ombudsman Howard Gadlin, of the soon-to-be established Center for the Study of Interracial/Inter-ethnic Conflict. She also teaches in the undergraduate Women's Studies program. From 1989 to 1991, she was Acting Director of UCLA'.s Center for the Study of Women. She received the Law School's Rutter Award for Excellence in Teaching in 1992. Her wide-ranging research interests include dispute resolution, the legal profession and the delivery of legal services, legal education, women in the legal profession and issues concerning gender discrimination and the law. (See sidebar on Menkel-Meadow's work).

Albert J. Moore Professor ofLaw

Professor Moore teaches courses in trial advocacy, fact investigation in complex litigation, and pretrial lawyering. He also will co-teach the new Environmental Law Clinic that will start this fall. His research examines how lawyers should organize and present evidence at trial. Before coming to teach at the UCLA School of Law in fall 1993, Professor Moore was associated with the firms of Nossaman, Krueger and Marsh and Riordan, Caps, Carbone and McKinzie practicing business litigation. He is collaborating on a book with professors Bergman and Binder (see Bergman entry for book's description).

Lucie White Professor ofLaw

Lucie White, currently on leave teaching at Harvard Law School, joined the UCLA School of Law faculty in 1987. She teaches civil procedure, civil litigation practice, housing discrimination and legal advocacy for poor people. In her courses, students often do field work that links them with practicing lawyers and community groups. Before joining the faculty, White studied comparative literature, taught literacy, worked with legal services in rural North Carolina and supervised law students in a legal aid clinic. Her research interests include housing and welfare policy and advocacy, especially as it impacts women; civil and administrative procedure; and the teaching of poverty issues in law schools. She recently published an essay about the roles of poor women in the Head Start program, and she anticipates writing a longer study based on her research in that project. In 1993 she received the Fredric P. Sutherland Public Interest Award from the law school.

Civil rights attorney

Johnnie L. Cochran Jr. is inaugural speaker for Irving H. Green lecture series

JOHNNIE L. COCHRAN JR., a Los Angeles attorney best known in recent years for his representation of clients in civil rights cases, served as the inaugural speaker for the UCLA School of Law Irving H. Green Memorial Lecture series in February.

Cochran, whose clients run the gamut from accused murderers, to trucker Reginald Denny, to superstar Michael Jackson, was chosen to be the first speaker in the lecture series not only because he is an outstanding trial attorney known for championing an array of legal causes, but because of the interest he has always demonstrated in stud~nts.

_ In the lecture, " Representing the HighProfile Criminal Defendant," Cochran told an audience of 200 at the la}V school about the challenges of representing well-known clients and dealing with the media. As the magazine was going to press, Cochran was retained to represent O} Simpson on murder charges_. H e also stressed the importance of representing to jurors that clients are human beings. He said attorney Edi Faal, who represented Damian Williams in his trial on charges he beat Denny, and Leslie Abramson (UCLAW ' 69), who represented Eric Menend~z on charges he killed his parents, took time to know their cases. They knew their judges and their jurors, he said. "The three most important things in the law profession (are)

preparation preparation and preparation, " Cochran said.

T he lecture series was named for Irvi n g Green, who was a much-honored trial attorney known for representing the underdog in a host of cases in courts across the country during a halfcentury career. Prior to his death in 1990 , Green was given numerous awards-including the Ted Horn Memorial Award , an honor bestowed b y the Los Angeles Trial Lawyers Association. He also was a member of the Inner Circle of Advocates , a group whose membership is limited to wo outstanding trial lawyers in the United States Hi s widow Faye Bettye Green, and son UCLA Mathematics Professor Mark Green, chose to honor Green by creating a prog ram designed to bring lawyers to campus to inspire law students and engage them in an exchange focused on the often unpopul ar role of lawyers, said Dean Susan Prager. In introducing Cochran, Prager praised the Greens' involvement in establishing a lecture series "designed to help current students meet outs tanding trial lawyers and to think with them, very concretely, about the way they might approach their own careers."

Born in Minneapoli s, Minnesota in 1905 , Irving Green grew up po or and attended night school, graduating from law school when h e was only 20 While waiting a year to b e sworn into the bar, which had a minimum age of 21, he worked for West Publishing Co. selling law books so chat he could earn eno ugh money to open hi s own law office. Green was admitted to practice in 1952 and practiced in Los Angeles until 1981. His enthusiasm for his wo rk, his determination to help those who had no other champion and his creativity serve as an inspi ration today.

Cochran received a bachelor's degree in business administration from UCLA in 1959, and then went on to Loyola University School of Law. He graduated from law school in 1962 and specialized in criminal law, serving as a deputy city attorney for more than two years beginning in 1963. He did criminal defense work before becoming Assistant District Attorney of Los Angeles in 1978. In 1981, he returned again to private practice, having won numerous honors and awards for prosecutorial as well as criminal defense work along the way.

In recent years, he has gained national notoriety as a civil rights attorney, particularly in representing victims of police brutality.

For four years, he was a highly successful adjunct professor oflaw at UCLA School of Law, where he taught a class in trial tactics and techniques.

Among his many honors, Cochran was awarded the Distinguished Alumni Award from the UCLA Black Alumni Association in 1988. He received UCLA's Alumni Award for Excellence in Professional Achievement that same year.

Attorney Johnnie Cochran addresses students and faculry in Irving Green lecture.

right:

Free speech exp,ert Rodney Smolla presents books to student cast members after the performance: "T h e Trial of Oliver Wendell Holmes."

below:

Kent Bullard as Oliver Wendell Holmes and Jason Wenglin as John Carver

The Trial of Oliver Wendell Holmes

THE ANNUAL MELVILLE B. NIMMER MEMORIAL LECTURE broke with tradition last fall when free " speech expert Rodney A. Smolla presented the lecture in the form of a play: "The Trial of Oliver Wendell Holmes."

UCLA law students played the roles of the nine characters in a two-hour play written by Smolla, a law professor at The College of William and Mary. " This is one of the most wonderful things I have ever experienced," Smolla said as he briefly addressed the near-capacity audience after the performance at UCLA's Schoenberg Hall. "You students put so much feeling into it .l am not worthy The actors captured it beautifully."

To thank the students for their work on the play, Smolla, director of the Institute of Bill of Rights Law at The College ofWilliam and Mary, Marshall-Wythe School of Law, presented to the student actors copies of a newly released book about Holmes: Justice Oliver Wendell Holmes: Law & the Inner Self The copies were autographed by the author, G. Edward White.

The dramatic work featured as protaganist John Carver, a criminal defense attorney who ponders the morality 0 of his life's work upon falling into coma after a traffic accident. Oliver Wendell Holmes appears to the unconscious attorney in a dream. Holmes has been placed on trial, and the prosecutor is Socrates Carver represents Holmes, who is on trial for his philosophies. The Nimmer lecture was not Smolla's first use of drama to illustrate law. Smolla's other plays have included "Harlot's Ghost and JFK: A Fictional Conversation with Norman Mailer, Oliver Stone, Earl Warren and Hugo Black," which was produced at Suffolk University Law School and published in the Suffolk Law Review. His books include, Suing the Press: Libel, the Media and Power. He has recently completed a revision of Nimmer's classic work on Freedom of Speech: "Smolla and Nimmer on Freedom of Speech."

S'molla said that drama is a good way to explain legal philosophies to lay audiences and a good way to present theories to students. "In my play, I've tried to imagine what it might be like to put one of the gods of the law on trial. My purpose is the purpose of many teachers and writers-to tweak our imaginations and minds."

UCLA Associate Dean Michael Asimow, who brought together the student actors a few weeks before i:he event, was i'mpressed by the students' hard work and dedication.

Of eight Nimmer lec tures, this was the first delivered in the form of a play. Said Asimow: "O ne thing I am confident of is that Professor Nimmer would have loved the Nimmer lecture being performed in the form of a play."

Jason Wenglin, a third-year law student who played the part of John Carver and directed the play, said he was grateful for the dedication of the cast members whose effort and talent brought the epic conflict to Jife. "Seeing Professor Smolla's elation after the show was the perfect reward," he said. ''After all, I think we were highly motivated by our collective fear th at we would let the playwright down."

PROFESSOR KEN G RA HAM'S

Law School Musical

"The Good Lawyer Svejk, " the 1994 UCLAW Musical under the direction of Professor Ken Graham, offered yet another irreverent tribute to the law school experience. Students, faculty and staff made up the cast and the accompanying musicians. Proceeds from the event went to the UCLA Public Interest Law Foundation.

Temblor quakes campus:

students, faculty and staff cope

The January 17, 1994 Earthquake caused no structural damage to UCLA School of Law, but like many homes and offices in the region.Walls cracked, pictures came off the walls, nerves were shattered and boo~s fell , and fell and fell. On the day after, faculty, staff and administrators- as well as many students- showed up at the closed UCLA campus to help in the cleanup effort.

The library

Library staff and others worked all day for two days and partial days the rest of the week reshelving books. Books were not only knocked off the shelves on all levels of th e library, but many important writings sustained damage as well.

Photos by Karen Nikos

Student wo rker Bobby Ra ngel-m esme ri zed b y the

e nding job ahead.

Professor Evan Caminker: " I just kn ow it was h

re somewh ere "

Professor Taimie Bryant discovers water-damaged J apanese law books. A quake- caused leak in the water pipes caused some damage to roof tiles, books and papers.

Stud e nt worker G ina Vasconi tiptoes through the stacks as she participates in the grueling reshelving effort.

With a final sweep of the broo~, Professor Jesse Dukeminier makes quick work of the quake clutter in his office.

Adrienne Adan, Head of Collections at the library, steps among the fallen books in the library

District Attorney Gil Garcetti' selected as Alumnus of the Year

G1L GARCETTI, elected to the Los Angeles County District Attorney post in 1992 after a distinguished career as a prosecutor, was honored for his professional achievements, his service to the community, his efforts to advance minorities ' educational interests and his dedication to UCLA School of Law as this year's Alumnus of the Year.

Garcetti, a 1967 graduate of UCLA's law school, said as he was presented th~ _ honor March 5 at the annual Dean's Dinner th at he had fond memories of his years at UCLA School of Law. During the dinner, held at the Law Library to announce the fund-raising campaign for the library's re novation and celebrate Chancellor Charles E. Young's 25th ann iversary, Garcetti praised professors who had made a difference in his life, and who had encouraged him to take as m any courses outside the bar requirements as possible. "That has m ad e such a difference in m y life .in my career," he sai d. He also joked about his ad miration for-and fear of -certain professors while he was in law school. He still remembers the trepidation he experienced before the final examination in Professor Jesse Dukeminier's Property Law course. " I n ever did understand a darn thing in t h at class," Garcetti said. " I still have shivers walking up that hallway (I took) on the way to that class. "

Garcetti went to work for the District Attorney's office soon after graduating from law school in 1968. UCLA Criminal Law Professor Peter Arenella, who introduced Garcetti for t h e award pres entation, prais ed the career prosecutor for his dedication to public service. "By 1972, he had already becom e an accomplished a nd respected trial lawyer , He co uld h ave sold his skills to the highest bidder in the private firm m arket. Instead, he helped start the nation's first Cons umer and Environmental Protection Division in a District Attorney's office ."

Garcetti took over as h ead deputy district atto rney for the Special Investigatio n s Division in 19 78 Later, in 1983, h e becam e h ead d eputy of the Felony Trial Team.

In 1984, h e took the helm of the day- to -d ay management of the DA's office as chi ef d ep ut y district attorney. In that position, h e was responsible for supervising more than 900

prosecutors and 1,000 support staff. He later implemented a recruitment program with UCLA and a few other top law scho ols with an emphasis on recruitment of minority lawyers. He became h ead deputy district attorney in 1988. Two years later, he became h ead deputy district attorney in the South Bay branch. In that post , he developed a highly acclaimed dropout prevention program with the Torrance school di stric t

As a candidate for district attorney running against his boss , then-District Attorney Ira Reiner, he garnered the support of much of th e legal community-including a s ub stantial group of campaigners who are UCLAW grads And h e won the election During his first year in office, Garcetti stepped up the county's prosecution of domestic violence cases, set up prog rams to prevent crime among youth and worked to increase collection of child support payments, doubling the number of p arents prosecuted for failure to pay child support.

These accomplishments , Arenella noted , have gone largely unnoticed. "If you listen to the media , all yo u h ear about are the few hi gh ~pro fil e trials like D enny and Men endez, and t h e question asked is why the DA's office can't win their big cases. But, justice is not a sporting match, and the quality of justice administered by the DA's office can only be fairly evaluated by lookin g at policies and practices that do n ot grab dail y headlin es "

Garcetti recently h as b egun working with legisl ators in a plan to overhaul California's juvenile justice system- a system set up to handle truants and other juveniles who commit minor crim es th at h e says is now being choked by a surge in violent crime among youth. Garcetti recomme nds removin g viol ent offenders from the juvenile justice system, li miting juvenile crime confi d entiality laws and i!llproving reh ab ili tation programs.

Al l the time Garce tti has wo rked in the county's justice syste m , h e and his wife of 30 years , Sukey, have remained active in fund - raising activities for the law sch oo l. A UCLA School of Law Founder since 1981 and a member of UCLA

UCLA Chancellor Charles E. Young spea ks after bein g co n g ratulated upon his 25t h a nni ve rsa ry this year.

Chancellor's Associates since 1982, Garcefri helped develop the law school's library collection. From 1982 to 1984, through his efforts, a $35,000 fund was made available to the Law Library for collection development in the field of international law. These funds were used to build up, in particular, the Pacific Basin area studies collection.

In 1990 Gil and Sukey, both Los Angeles natives, encouraged an idea that was then more fully developed by La Raza students at UCLA School of Law. The program, "Arriba y Adelante," was designed to encourage Latino high school and junior college students to stay in school and perhaps pursue higher education by allowing them a day·on the UCLA campus.

Gil and Sukey have two grown children, Dana and Eric.

"Gil Garcetti richly deserves the honor being bestowed on him tonight," Arenella said, "because his career exemplifies the type of commitment, skill and passion to serve the public interest that our law school community can take pride in."

•:•

The Law Alumni Association Board of Directors, together with the School ofLaw, has established and seeks nominations for the following awards for I99 4:

• Alumnus ofthe Year Award forProfessional Achievement

• Alumnus ofthe Year Award for Public/Community Service

Pleas e submit the names(s) ofindividuals you would like the Board to consider no later than September I6, I994 to the Alumni and Development Office, UCLA School ofLaw, 405 Hilgard Avenue, Los Angeles, CA 90024-I476 (]IO) 825-2890

Gil Garcetti

Professor Bill Warren and District Attorney Gil Garcetti exchange greetings at the annual Dean's Dinner honoring Garcetti as Alumnus of the Year

David Simon Scholarship Fund established

A REMARKABLE GIFT FROM the late David Simon, who earned an LLB. degree from UCLA School of Law in 1955, will enable the law school to establish the David Simon Scholarship Fund supported by an endowment of approximately $5 million , the largest single gift ever made to the law school by an individual.

Simon, who also earned a bachelor's degree from UCLA in 1952, fit the profile of the student for whom the law school was founded in 1949. Born in Boyle Heights and living most of his life in Santa Monica, Simon lacked adequate financial resources to attend law school. He was one of many students in the 1950s who was able to attend the only local public law school. Simon-a Santa Monica bus inessman-left 70 percent of his es tate for the use of future UCLA students u pon his death in January 1991. He was 68. "Indeed, David Simon was the kind of student Assemblyman William Rosenthal had in mind when he fought so hard to secure the legislature's and Governor Earl Warren's approval to create the UCLA law school in 1947'' (The law sch oo l opened in fall 1949), "said Dean Susan Prager. "Like those who founded the school, David Simon h as n ow played a significant role in securing its future by enabling economi cally disadvantaged students to become lawyers."

"David Simon cared about people, particularly people who, like himself, had come up the h ard way," said Profes sor William Warren. " It is entirely in character that he wante d his gen erous gift to go for schol arships to help students deal with the ever- in creasing costs of a UCLA education."

Simon's cousi n a nd exec utor, Gertrude Silversto n e, agreed. "He was a very, very giving man ," she said "It's very approp r iate that D avid left his money for scholarships b eca use h e felt forever grateful for the scholarsh ip money h e was given to get through college. "

" He was very poor," she said. ''And as the sto ry goes-he didn't even have the money for a suit of clothes to w ear for his law school graduation. " Warren, who led the law school as dean for seven years beginning in 19 7 5, said h e always appreciated Simon's co n cern for the law school. "When the school was going through difficult times I could always count on a call from David to ask how things were and whether h e co uld help. More than any alumnus I can recall, David seemed to empathize with thos e of us at the law school. "

As in life, Simon was genero us in his d eath not only to UCLA, but to Santa Monica Co ll ege, the Boys & Girls Club of Santa Monica, th e Jewish Family Service of Santa Monica and oth er entities and individuals.

Estate Planning

This is the first in a regu lar series on estate planning. Much of the permanent endowment which supp orts law schools, private and public, was established through gifts in wills and other planned giving vehicles. As UCLA law school moves through its fifth decade, its future will depend increasingly on the help ofits alumni. The law school will host several estate planning seminars this year with accompanying continuing legal education credi t. For more information on the seminars andplanned giving contact Joan 1jmdall in the Alumni & Development Office, {po) 206-II2I.

Jon]. Gallo*

Welcome to the first installment of a new column on estate planning.

As a test of your estate planning IQ, are the following statements true or false? (r) If you don't want to be kept on life support if you are brain dead, signing a living will is your best choice (2) Life insurance and pension plan proceeds are not subject to estate tax. (3) A valid will avoids probate. (4) Joint tenancy is the preferable way for a husband and wife to own their home.

Ifyou answered false to all four questions, you are an estate planning mavin and don't need to read further. Ifyou didn't get all correct, keep reading.

This column looks at powers of attorney as a means of managing your property and making health care decisions in the event of incapacity. Future columns will examine fundamental estate planning concepts, revocable trusts, the use oflife insurance and the role of charitable giving in estate planning .

A Power of Attorney is a written instrument by which the Principal appoints a second person, known as the Agent or Attorney in Fact, to act on his or her behalf

Until the early 1980s, Powers ofAttorney were oflitde help in planning for incapacity. The California Civil Code assumed that the Principal would supervise the Agent and revoke the Power if the Agent acted improperly. In order to protect the Principal, state law automatically revoked a Power of Attorney if the Principal became incapacitated and could no longer supervise the Agent. Unfortunately, this was the time when most people needed the Power of Attorney to be effective! Moreover, the scope of Powers ofAttorney was limited to issues of property management. The Principal could not delegate health care decisions to an Agent.

For the past twelve years, California has authorized the use of Durable Powers of Attorney for both asset management and heal th care. A Durable Power of Attorney will remain in effect even though the Principal is incapacitated. However, the Power ofAttorney must specifically contain language to the effect that it is a Durable Power or that it will remain in effect notwithstanding the incapacity of the Agent.

A Durable Power of Attornq for asset management will permit the Agent you designate to manage your assets if you become incapacitated. A Durable Power ofAttorney for Health

Care allows an Agent to make health care decisions for you in the event that you are incapacitated and unable to make those decisions for yourself Most commercially available Powers of Attorney for Health Care contain options that permit you to specify your desires concerning the use of life-sustaining or prolonging treatments or procedures under particular circumstances. Ifyou select any of these options, your Agent must make health care decisions consistent with your desires. If you don't select any of the options, the Agent must act in good faith in making health care decisions for you. It is by far preferable to give your Agent detailed guidelines so that health care decisions will be made on your behalfin accordance with your wishes. A Power of Attorney for Health Care is legally binding and health care providers must follow the Agent's decisions concerning health care. Do not confuse a Durable Power of Attorney for Health Care with a Living Will or a Declaration under the California Natural Death Act. A Living Will, som etimes referred to as a Directive to Physician, states that you wish to die a natural death, free of intervention by artificial means. Living Wills have no statutory basis in California. Although they may be a clear expression of your wishes, they are not legally binding. A Declaration under the California Natural Death Act does allow you to set forth your desires concerning the use oflife-sustaining or prolonging treatments or procedures in a legally binding document. However, the Decl,lration does not appoint an Agent who has the legal right to make health care decisions on your behalf Instead, it relies on your attending physician to carry out your wishes.If your physician is unwilling to act in accordance with the provisions of the Declaration, the Act obligates your physician to transfer your care to another physician who is willing to do so. Due to the absence of an appointed Agent, a Declaration under the Natural Death Act does not provide the same degree of protection as does a Durable Power of Attorney for Health Care.

*Mr. Gallo, class ofI967, is a partner in the Los Angeles law firm of Greenberg, Glusker, Fields, Claman & Machtinger. A Certified Specialist in Estate Planning, Probate and Trust Law, California Board ofLegal Specialization, Gallo serves as Chair ofthe annual UCLA-CEB Estate Planning Institute which draws approximately 300 experienced estate planners to a two-day program each year.

The 1950s

Charles W. Adams '56, writes chat he recent)y had published a book, For Good and Evil: The Impact ofTaxes on the Course of Civilization. The book, which was mentioned in the New York Times-among ocher publications- describes the influence of taxes in history dating back to ancient times Adams, a tax attorney, recently retired as historian at the University ofToronto.

The 1960s

Edward Poll '65, has written Attorney and law Firm Guide to The Business ofLaw: Planning & Operating For Survival & Growth, designed co advise lawyers, in various different types of practices, on how to develop a good business plan.

John C. Spence III '67, a Colonel in the U S Army Reserve, concluded a threeyear tenure in July 1993 as The Staff Judge Advocate (Chief Legal Officer) at the 637 Army Reserve Command, Los Alamitos, California. Spence was presented with The Meritorious Service Medal in September 1993 for his service to the U S. Army Reserve.

Judge Thomas E. Warriner '67, has been selected to be the Presiding Judge of the Yolo County Superior/Municipal Courts for 1994

Leslie H. Abramson '69, was honored as Distinguished Advocate in Residence at Santa Clara University School of Law. Abramson has been the subject of much media attention in the past year for her representation of Eric Menendez, charged along with his brother with killing their parents in the family's Beverly Hills home Eric and Lyle Menendez are scheduled to be retried on murder charges after jurors failed last winter to reach unanimous verdicts in the case in Van Nuys Superior Court.

Gary Walker '69, has left his :position as a senior partner in the San Francisco office of Bronson, Bronson & McKinnon and started his own firm Preuss, Walker & Shanagher in San Francisco.

The 1970s

Marc Elliot Hallert '71, a Partner at Hallert & Hallert, specializing in Family Law, was elected President of rhe Contra Costa County Bar Association for 1994.

Eugene C. Moscovitch '73, has joined the firm of Ginsburg, Stephan, Oringher & Richman in Century City He specializes in the defense of white-collar criminal matters and also does a significant amount of commercial and intellectual-property litigation (particularly for clients in the garment industry) He lives in Santa Monica , takes great pride in his two-year old daughter Danielle, and still loves Bruin basketball.

Peter C. Bronson '74, has joined Layman, Jones & Dye in Irvine as a partner. He will continue to practice in the areas of creditors' rights , bankruptcy, and commercial litigation.

Florence Tsu Sinay '74, has been appointed to the Fine Arts Board for the City of West Hollywood. She continues her dual careers as Ballet Director of Sinay Ballet, Inc./Danceworks Studio, now in its sixteenth year, and as a litigation attorney in solo practice with an emphasis in entertainment law, personal injury and domestic relations

Richard P. Yang '74, is a partner/principal in his law firm, which just changed its name to Quan , Cohen, Kurahashi, Yang , Scholtz & Hirano and relocated to downtown Los Angeles.

Bill Adams '75, was elevated to shareholder-director status of the San Francisco-based law firm of Feldman, Waldman & Kline He chairs the firm 's Labor and Employment Law practice group. He has represented employers in the fields of high technology, construction, banking/ financial services, telecommunications, entertainment, retail apparel, transportation , food service and manufacturing. Adams recently authored the Maste r Apparel Industry Contractor Agreement. This agreement is designed to improve labor law compliance and is expected ro be adopted by more than 100 manufacturers and 600 contractors in the Bay Area.

Teddy Eden '75, recently was appointed as Supervising Attorney, San Pedro Branch by City Attorney James K. Hahn. Before joining the City Attorney's Office in 1980, Eden was with the Tulare County District Attorney's Office in Visalia, Calif , for five years. Since joining the office, Eden has been a trial deputy in almost all of the City Attorney offices including the Central, Hill Street , Hollywood, Van Nuys and West Los Angeles offices In addition to hundreds of criminal jury trials, Eden trained new deputies and was acting supervisor for the West Los Angeles offices. He has also served in the Civil Liability section, where he worked on civil trials. Outside the office , Eden has been involved in the UCLA Moot Court Program and has given many hours to the Temporary Judge Program as a judge pro tern in small claims court

Paul R. Katz '75, has joined the firm of Baker & Hostetler as Of Counsel. He will continue to practice in the area of Computer Law and Telecommunications.

Margaret Levy '75, has been named chair-elect of the Health Insurance Law Committee of the Tort and Insurance Practice Section of the American Bar Association Levy is the incoming pres ident of the Board of Directors of Public Counsel, the pro bono law office of the Los Angeles County and Beverly Hills Bar Associations. Levy served on the Webster Commission as counsel to the Office of the Special Advisor to the Los Angeles Board of Police Commissioners created to analyze the Los Angeles Police Department's response to the city's 1992 civil disturbances. She also served on the Pro Bono Council and the Judiciary Committee of the Los Angeles County Bar Association. She sits as a Judge Pro Tempore of the Los Angeles county Municipal Court and has participated in the Los Angeles Superior Court Joint Association Settlement Officer Program.

Barbara Manheimer Motz '75, was recently appointed Supervising Deputy Attorney General of the Antitrust Section in the California Attorney General's Los Angeles office

George Schiavelli '75 was appointed to the Los Angeles Superior Court on February 2, 1994 and took oath on February 4 , 1994- Before he was appointed to the Superior Court, Schiavelli was a parrner at Horvitz & Levy

Elizabeth E. Bruton '76, Larry Walker '76, San George M. Wallace '81, has O'Melveny's New York office (formerly Poenes), is now Bernardino Counry become a founding partner in where he is strengthening the General Counsel and Director Supervisor, has been re-elected the firm of Wallace, Grantham firm's labor and employment of Shareholder Affairs for the Metrolink Chair. Ridership & Schwartz in Pasadena. The law practice on the east coast H.G. Fenton Companies, a has increased 213 percent over firm will special ize in Fonstein now lives on the privately held group of s ix the past twelve months under insurance coverage, defense of upper westside of Manhattan corporations involved in the Larry's leadership. professional negligence and where he attempts to pursue production of construction wrongful termination, business his Southern California materials (concrete, aggregate), James R. Asperger '78, has litigation and appellate interests in swimming and and industrial salt, and real joined the Criminal and practice. bicycle riding estate in San Diego Counry In Regulatory Defense Practice as 1992, she married Al Bruton, a a partner in the Los Angeles Henry Beck '82, has joined professional photographer office ofO'Melveny & Myers. the Intellectual Properry specializing in underwater Bejore joining O'Melveny, Department of Rosenman & photography Bruton has also Asperger was Assistant U S. Colin's New York office as had some of her own Attorney working as the Chief Special Counsel, and will underwater photographs of the Major Fraud Division. continue to represent published companies in information Bruce Dizenfeld '78, technology, computer, and Stewart Kleiner '83, has been

Dennis Elber '76, and following the dissolution of other high technology named as vice president, Legal Bernard Katzman, L.L.B '63, Grayson, Givner, Booke , Silver industries. and Business Affairs, at LIVE are directors at the firm of & Wolfe, joined the firm of Home Video (LIVE). In hi s Stolpman, Krissman, Elber, McDermott & Trayner, in Greg S. Bernstein '81, was new position, Kleiner will Mandel & Katzman where two their Pasadena office, as a named Managing Partner of work closely with all ocher UCLA School of Law partner. Los Angeles entertainment law departments at LIVE and be grads, Marilyn Heise '76 and firm of Gipson, Hoffman & responsible for motion picture Elber Katzman Elaine Mandel '91, also The Hon. Linda K. Pancione, is Chairman of the production, distribution, practice The firm specializes Lefkowitz '78, has been Century Ciry Chamber of financing and acquisition in industrial injuries, appointed to the Los Angeles Commerce Entertainment agreements as well as multiconstruction sire accidents, Municipal Court. Industries Committee , picture deals and corporate maritime and admiralry President of the Beverlywood and litigation matters. litigation, products liabiliry, Robert A. Levinson '78, Homeowners Association , and Before joining LIVE, governmental liabiliry, formerly a partner of Grayson, teaches a course at UCLA Kleiner served for one year as personal injury and wrongful ,Givner, Booke, Silver & Extension an Interactive Media, death The firm recently Wolfe, has started a new Securities and Motion Picture Heise Mandel moved from South Bay to partnership, Levinson & Barbara Gest Gerber '81 and Production , Distribution & Long Beach. Kaplan, in Encino , Calif. Steven Gerber celebrated the Financing executive and birth of their second child, consultant for Thunder Richard H. Levin '76, Kneave Riggall '78, has Joely Bess Gerber, on Feb 9, Entertainment Inc., located practices in Albuquerque, New published his 19th tax article , 1993. Their son, Jesse, is 3 years both in New York and Los Mexico, with the firm of Levin "The Tax Consequences of old. Angeles Kleiner serves as a & Vance, P.A His practice Statutory Duke Orders ," I4 judge for the International emphasizes telecommunica- Whittier L. Rev. 809 (I993). Hans Walter Louis '81, is Emmy Awards, is vice tions , public uciliry law, and working in the Ministry of chairman of the legal general litigation Levin is on Environmental Protection of committee of the American the Board of Directors of the The 1980s Lower Saxony. He is also the Film Marketing Association New Mexico State Bar's Steven Brower 'So has joined author of a commentary on and sits on the executive Commercial Litigation and Ginsburg, Stephan, Oringher the Germa,n federal law of the committee of the Intellectual Antitrust Section. & Richman in their new protection of the natural Properry and Entertainment Orange Counry office which environment. Law section of the Los Angeles Gordon M. Park '76, has will focus on insurance Counry Bar been selected to serve as Vice coverage, real estate, business

Cha ir of the Properry liti gation primarily relating to

Nora Quinn '83, has moved Insurance Law Committee of computer technology, and to the Washington D.C. area the Tort and Insurance product liabi li ry defense and is operating a national Practice section of the pro-bono program for the American Bar Association. Carol Clem 'S o, is the 1994 American Bar Association's President of the Los Angeles Task Force On Children. Quinn WtlmaJ. Pinder '76, has Counry Criminal Courts Bar Clifford Fonstein '83, was would love to recruit and place authored a law review article Association. She and husband promoted to partner at the UCLA lawyers with local entitled, "When Will Black Tom Snyder had their first New York office of O'Melveny projects. She now has 2 sons, Women Lawyers Slay the Two- baby, Amelia Elizabeth, New & Myers. He joined the firm Clint, age 4, and Reid, age 2 Headed Dragon: Racism and Year's Eve, 1992 as a member of the Labor and Gender Bias, which was Employment Law Department Jonathan Rosenoer '83, was recently published in the Eric H. Schunk '81, has been in 1984, and has developed recently appointed Executive Pepperdine Law Review Pinder named Managing Partner of particular expertise in the areas Editor of Counsel Connect, is one of the charter members the corporate practice for the of Railway Labor Ace litigation wh ich is an on-line co mputer and serves on the board of West Coast Region of and toxic tort lawsuits. service for practicing attorneys "Women in Philanthrophy" a Milbank, Tweed, Hadley & Fonstein cook a 10-month and law firms. Counsel newly established organization McCloy. He continues to live hiatus from the practice of law Connect is an affil iate of the at UCLA. in Los Angeles with his wife, in 1988 and pursued his Time Warner CommunicaCarol, and their four children, interest in Asia and Sourheast tions. One of the primary Daniel, Kristen , Christoffer Asia by backpasking functions of Counsel Connect and Evan. extensively throughout the is co exchange briefs and create region. In October 1993, he on-line information services left Los Angeles for for areas of practice

Victoria E. Townsend '83, has left her partnership a t Berger, Kahn, Shafran, Moss, Figler, Simon & Gladstone and has become Staff Counsel in the G lendale legal office of the California State Automobile Association. She and Bruce Montagner were married in March 1992, and both e njoy bodybuilding in whatever spare time they can muster.

Nancy L. Vanderlip '83, was promoted to Assistant General Co un sel of Parker-Hannifin Co rporation. Sh e has relocated with her family to the corporate headquarters in Ohio.

Susan L. Formaker '84 , was recently promoted to Senior Counsel at Bank of America in Los Angeles.

Lawrence S. Markowitz '84, was recently elected Secretary of the Employment Rights Section of the Association of Trial Lawyers of America. He practices employment law and personal injury law as a shareholder in the York, Pennsylvania firm of Markowitz & Markowitz, P.C.

Anna Segobia Masters '84, is one of three partners elected by Crosby, Heafey, Roach & May. Masters, the newes t of the 17 partners, is the fourth woman to be named partner in th e Los Angeles office, which now h as 40 attorneys.

Masters also is active in th e Latino community in Los Angeles, particularly in organizations geared toward helping and providin g opportunities for children.

Mitchell Menzer '84, was promoted ro Partn e r at the Los Angeles office of the firm of O'Melveny & Myers. In addition, Mitch is a member of O'Melveny's Envi ronmental Law practice group and has advised on hazardous substance cleanup. Men zer is c urrentl y re presenting Union Pacific Resources Company in the sale of their Wilmington, Calif. assets. He and his wife, Wendy, live in th e Hollywood Hills with their 18-month-old son, Andrew Menzer has an avid interest in baseball a nd architecture, a nd enjoys gardenin g.

Daniel A. Olivas ' 84, is a Deputy Attorney General for the California D epartment of Justice. He was recen tly appointed to L.A. Co unty Bar's Judicial Appointments Comm ittee

The Hon. James E. Rogan '84, was elected Presiding Judge of the Glendale Municipal Court for 1993. He a nd his w ife Christine celebrated the birth of their twin daughters, Dana and Claire, on July 31, 1992

David C. Tseng '84, joined the Clinton Administration last August as a special assistant to the Assistant Secretary for Pe nsion and Welfare Benefits Tseng works on a number of projects under Olena Berg, Kathleen Brown's former chief d ep u ty, in vo lvin g benefits policy issues. He oversees the ERISA Advisory Council which makes recommendations on benefits policies to Secretary Reich. Tseng coo rdina tes a pro bona ERISA legal se rvices project w ith the American Bar Assoc iation, and had the opportunity to speak with Attorney General Janet Reno on the subject He is also involved in develop ing an inter-agency dia logue on the use of pension fund s for economically targe ted investments to revitalize the Ame rican econom y

Tseng writes that he continues to have fond m emor ies of the Law School, and is proud to represent the UCLAW a lum ni within the Clinton Adm inistration.

Heather Coughlan Francks '85 and Steve Francks '85 are pleased to announce the birth of thei r first child, Dominick Joseph Francks on Sept. 9, 1993. They have resumed the prac tice oflaw in Seattle after traveling arou nd the world from September 1990 through June 1992

Sally C. Helppie '85, was named a full shareholder las t year at J ohnso n & Gibbs in Dallas, wh e re she continues to focus on banking, high tech a nd antitrust liti gation. She and h er husband of 15 years, Tom Schmieder, had their fifth ch ild in Apri l; they h ave two boys (An drew-8; Richard-3) and two gi rls (Colburn-6; Bren n a-4)

Michael Loeftler '85, an associate at Querrey & Harrow, Ltd., b eca me a Partner in its C hicago office and w ill co n centrate his pract ice in the areas of profession al liability, director's and officer's and general ins urance coverage, and professional liability defense.

William E (Bill) Manning '85 , recentl y left large-fi rm practice to jo in Sellar, Hazard, Snyder, Kelly & Fitzgerald. He will continue his litigatio n pracrice in the a reas of products liability, professional m alpractice, a nd construction litigat ion In h is spare time , Manning is an active pilot and flight instructor, and sits as the V ice Cha ir of the Contra Costa County Airport Land Use Commiss ion.

Steven H. Zidell '85, has becom e a Partner at the Law Offices of Lisa Greer Quate man , where he en gages in a broad-based transactiona l practice. H e lives in the San Fernando Valley with his wife Maria and their two children, Carissa a n d Matthew.

Daniel A. Dorosin '86, Hugh W. Goodwin '86, and William H. Hoffman '89, attorneys ac Ware & Freidenrich , in Palo Alto , anno unced the me rger with Gray, Cary, Ames & Fr ye of San Diego, c reatin g the firm of Gray, Cary, Ware & Freidenrich.

Timothy McOsker '87 , became a partner ac Burke, Williams and Sdrensen on January 1, 1994, and serves as the C ity Attorney of the cities of Manhattan Beach a nd Lomita.

Michael D. Schwartz '87, has joined the Los Angeles City Attorney's Office as a t r ial atto rney in the Criminal branch after five years of civil liciga t io n for the Los Angeles office of Morrison & Foerster

Randy Sklaver '87 , left the practice of law in 1992 and, in August 1993, received her certification in Swedish / Esalen massage from the McKinnon Institute. She h as a private massage therapy practice in San Francisco

Elizabeth (Lisa) Hall '88 and her husband, Mike Haney, had a beautiful baby boy on April 25 , 1993. His name is Ryan Michael Haney, and " h e is perfect!" Hall is practicin g la bo r and employ ment law for Bracewell & Patte rson, L.L.P. in Ho uston representing managem ent. The fi r m recently successfully defended a representative action under th e Age Discrimination in E mployment Acr, so she has been very busy balan cing work and motherhood.

Scott P. Lenga '88, has joined Uniface Corporation , a Bay Area software company, a s Sen ior Corporate Counsel.

Laura M. Pulido '88, an attorney specializing in surety, fidelity bonds and construction-related matters, has joined insurance spec ialty law firm Long & Levit's Los Angeles office. Pulido previously was associated with t h e firm of Pete rso n & Ross.

Thomas D. Roth '88, is continuin g to prac tice with Cutler & Stanfield in Washington , D.C. as an assoc iate The firm sp eciali zes in e n viro nme nta l litigation incl uding the C lean Air Act and th e C lea n Wa te r Act.

Jacqueline Shim Bryant '89, has been elected to the Board of Trustees of No rthwestern University, and is a Directo r of the John Evan s C lub . Sh e continues to have h e r own practice in Chicago

Anna S. McLean '89, is a litiga tio n associate at Heller, Ehrman , W hite & McAuliffe in San Franci sco , where sh e p ractices in the a reas of insuran ce coverage, consum er class actions, and general com merc ia l li t igation

Adam Salis '89, recently accepted a position with the Los Angeles office o f J.E

Robert Compa ni es, a n atio n a l real esta te i nvestment and asset m a n age me nt firm His responsibilities include loa n and REO val u ations and cl osing bulk real esta te acquis itio ns.

Eric Sawyer '89, h as been a D eputy Attorn ey G en eral in the California's Attorney G en eral's Offi ce for t h e p ast yea r. H e is a trial d eputy in t h e Torts & C onde mn ation Sectio n , whi ch Sawye r writes, is p ret ty ironi c sin ce h is lowest grade was in Fra n O lsen's Tort class. Sawye r hopes everyone is d o ing wel l.

The 1990s

Leslie Tucker Fischer '90, has married Olympic Water Polo Player Erich Fischer and moved to the Orange Co un ty office of Lath am & Watkins

Ron Jauregui '90, recentl y served as Regional Coordinator a nd Public Information Officer for the Southwest Voter Research Inst itute, Inc during thei r " Latino Consen sus o n NAFTA " campaign. They co n vinced fi fteen Democratic m e mbe rs of Congress to vote in favor of NAFTA.

Harriet Pearson ' 90, had a d a u ghter, Catherine Agnes Pea rson , on August 17 , 1992 a n d has r ecently joined IBM C orporation wh e re sh e manages e nvironm ental a nd en er gy policy in the company's Washington, D.C. office.

Jeffrey Cowan '91, jo ined Ke ndig & Ross in C e ntury City in April 1993 With t h e firm's en couragement, he ju ggles business and la bor liti gation with p erform in g at the Magic Castle and local <;_Orpo rate/ business events

Kimberly Acouh '92, rece ntl y completed a o n e-year clerkshi p m San Diego with t h e Hon D av id R. Thompson , Ninth Circuit Court of Appeals, an d is moving back to the Los Angeles area to become an asso c iate at Mitchell, Sil berberg & Knupp.

,Thomas N. Hudson '92, was el ecred to th e Execu tive C om mittee of t h e C al iforni a Rep ublican Party a t its Sep te mbe r 1993 con ve ntion As the n ew Associate Rep resentati ve, Hudso n is now the yo un gest officer of the state p a r ty. H e is curren tly wo rking as a liqu ida ting trustee i;.. Ala m eda

Aline Kassman '93, was associate produ ce r for two feature fi lms and was coproduce r for a third film Kass ma n also acted in a ll three fi l m s. Sh e w ill b e p roduc in g a n d starring in a fou rth feat ure fi lm , p resently e ntitled "Electrical Wa rrio r, " in D ece mber and Ja n u a ry. She was rece ntl y profiled in the "Th e Arts" section o f the San Diego Union Tribune for h e r fi l m - mak i n g activi ties •:•

MICHAEL JUDGE

SELECTED AS LA PUBLIC DEFENDER

Mic h a el P. Judge, a 19 68 g raduate o f U C LA Scho ol of Law, was selected to head the Los Angeles Cou nty Public Defender's office, the larges t such agency i n the coun try, in April.

Judge, who had plann ed w hile still in law school to s p end a ca ree r prac tic ing criminal law, h as held superviso ry and m a nagem ent positions within th e publi c defe nder's office for 16 years, becoming Assistant Public D efe nder in 1990. A 24-year veteran o f the office, J udge was selected by the Los Angeles C oun ty Board of Supe rvisors from a m o n g five finalists for the post Finalists included two other UCLA Law alums , David Meye r, ' 68, wh o h ad been the ac ting head p u b lic d efender, and Kenn eth I. C layman ,'66, Ventura Co un ty Public Defender and for m e.r di visio n ch ief for the Los Angeles office

" I a m deli g hte d a nd humbled to have been selected at such a c ritical rime, " J udge sai d "Curre ntl y, a m ajo r fo cal point for the m edi a a nd th e public is the opera tion o f the criminal justice syst eJTl I wil l seek to establish mainstream co nsens us and obtain fundin g for sensibl e a p p roach es ro problems the system is expected to address "

J udge is in favo r of subst a n ce a buse interve nti o n programs that provide "genuine treatme nt en vi ro nme nts, li teracy, o ther rem edial education, vocations t raining and jo b placem e nt in lieu of sim-

ply recycling our clients who a re addicts." H e also plan s to co ntinu e to ad vocate for progress ive judic ial syst em reform in the use o f m ediatio n , dispute r es olution and a rb itra ti o n for s om e mi sdeme a n o rs as well a s video confe rencing for interviews with clients at rem ote sitesall m oves tha t will save the co unty m o n ey.

Begi nning law sch o ol in the turbulent, an ti-es tablishment 19 60s, Jud ge-like many ofhis fellow law school class ma tes-wan ted to practice c rimi n al law as a d efense a tto rn ey. H e wo rked p a rt time in law school as an investigato randin criminal law offices d oing legal research a nd participat e d in the school's Moot Cou rt program H e immedi atel y went ro work for th e Los Angeles City Attorney's office upo n g raduation, prosecu t ing misd em eanor c riminal cases. Less than a yea r later, J udge jo ined the Los Angeles Co un ty Public Defe nder's o ffice, intending to eventually establish a private p racti ce in criminal law.

Bu t a car accide nt left him severely i nju red , wi th two broken legs and oth er injuries, requiring Judge to limi t h is p hysical activity and spend m an y years in rehabil itatio n. " I knew I couldn't be running fro m co u rtho u se to courtho use-like yo u h ave to d o w hen yo u are in private p rac tice So, I stayed here, a nd it w orked o u t grea t. "

Judge has been acti ve in c ri m i na l law reform. H e h elped d esign t h e Impac t

Dru g Treatment Program fo r Los Angeles Co un ty Jail; he served on the task force th at d eveloped prot ocols for adm iss io n , progra m co ntext and graduatio n requirem ents for the Regimented Inma te Dive rsion (RI D ) P rogram, otherwise known as " Boo t C amp " An d Judge served o n a task force that d esig ned and secured fu nding for a n aftercare co mponent of an in-custody drug educatio n prog ram for wom en.

H e also serves o n the M entor Panel for th e Langston Bar Associat ion and has h ad nume ro us speaking en gagem ents Judge, 50, is m a rried w ith three children. H is w ife, D e lo res, is a r et i re d Lo s

An g ele s Co unt y d e put y s h er iff an d teac hes c r i min a l justice classes a t Sa n ta M o ni ca Co ll ege. •:•

APPOINTED TO USDA POST

Lon S. Hacamiya, a UCLAW graduate of the class of 1987, took the helm of the U.S. Department of Agriculture's Agricultural Marketing Service last November, becoming the agency's administrator.

Hatamiya, who spoke to students when he was on campus this spring and encouraged them that a law degree would help them no matter what they decided to do for a career, brings a broad spectrum of private sector experience to his position. Besides practicing law for the national law firm of Orrick, Herrington & Sutcliffe from 1987 to 1989, Hatamiya has worked as a purchasing manager with the Proctor and Gamble Co. in Ohio and served as a consultant to the Sony Corp. in Japan. Prior to his appointment by Secretary of Agriculture Mike Espey, Hatamiya participated in the general management of his fam ily's farming business-H B. Orchards Co. Inc in Marysville. During that time, he also was founder and president of BHP Associates Inc., an economic development, education and agri-business consulting firm in Sacramento.

As the USDA's Agricultural Marketing Service administrator , Hatamiya manages and directs a variety of marketing programs and oversees the agency's traditional regulatory programs . Hatamiya also holds a master's degree in entrepreneurial studies and international business from UCLA's Anderson Graduate School of Management.

Calendar of Events

Fall 1994

Class of '59, '69, '79 and '84 Reunions. Times and locations to be announced.

Saturday, September 17, 1994

Class of '84 reunion. UCLA Faculty Center, 6:30 p.m.

Tuesday, September 20, 1994

Ralph and Shirley Shapiro Courtyard Dedication Ceremony and Reception. School of Law; 5-7 p.m.

Tuesday, October 25, 1994

The Melville B. Nimmer Memorial Lecture. UCLA Schoenberg Hall Auditorium Speaker is Kathleen M. Sullivan, Professor of Law, Stanford Law School; 7 p.m.

Saturday, December 3, 1994

Class of '59 Reunion. The Jame s West Alumni Center, UCLA; 6:30 p.m.

Robert R. Deveza '92

Nilda Caceres ' 81

Albert Sheffield ' 63

Students Adam Kaufman and Tsan Merritt-Poree sing at Dean's Dinner.

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