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Lawyers on Their Own
by Kathleen Neumeyer
s soon as he was admitted to the bar, Randall A. Butz '83 hung out hisshingleasasolepractitioner."I was probably a little crazy," he admits."Themorecommonpattern is to work a few years, gain some experience, andget on your feetfinancially."
But Butz didn'tdo itthatway. Hehadcometothe UCLA School of Law after practicing psychology. Older than most of his law school classmates, he already had supported himself and had been out in the world for sometime.
"Ididwellinlawschool,"herecalls, "Orderofthe Coif and editor of Law Review." He found himself following the traditional route, clerking with a medium sizedfirm and interviewing with a number oflargecorporatefirms. ButButzwasn'tattractedto thatkindofpracticeandtheoffershereceiveddidn't interesthim.
"Iwantedtodoitonmyown,"hesays,andthough he hadn't been planning to go into sole practice immediately,herealizesnowthathehadbeenlaying thegroundworksubconsciouslyduringlawschool.
Inretrospect,ifIweregoingtoadvisesomeoneon howtostartout,I'dtellthemthatthetaskbeginsin law school, because the most importantthing for a solepractice isestablishingcontacts," hesays.
With his background in psychology, Butz began during law school serving as a volunteer with the
dependency court, acting as a guardian ad litem for abusedchildren.Hebecamefamiliarwiththecourt's procedures and personnel. Through those contacts, Butzwasabletosecureapositiononthedependency courtindigentpanelonlyfourmonthsafterhebegan practice. About 80 percent of his time now is spent oncourtappointedcases,appearancesrequiringvery littlepreparation.
"Sometimes I feelthat I am just helping to grease the wheels, but it is important for the parents wµo are losing custody of their children to feel they've hadtheirday incourt," Butz says. Hehas found the courtexperienceinvaluable.Inhisfirstyearofpractice, he had 20 trials in dependency court and one jurytrialinapersonalinjurycasewhichhetriedfor another lawyer.
"Mostofthetrialsindependencycourtareshort," Butzsays. "It's mostly thinking on your feet. I have put into practice the things I learned about evidentiaryobjections,andwhen it'sbetter not to object."
Tomakeendsmeetduringthefirstfewmonthsof practice, Butz made his services available to other attorneys for appearances, calling that aspect of his practice "rent-a-lawyer."
Atime-for-spacearrangementwithasmallBeverly Kathleen Neumeyer is a contributing editor to Los Angeles Magazine, a correspondent for the Economist of London, and a frequent contributor to this magazine.
As his own practice picked up, Butz was able to cut back on the rent-a-lawyer appearances and to
"My other big cost is in continuing education," he says, "seminars and books to keep abreast of the law."
Aside from rent, his major overhead expense is the benefits he buys for himself, including malpractice, health and disability insurance through the Los Angeles County Bar Association.
Hills plaintiffs firm provides Butz with phone answering, mail sorting, use of a conference room, library and fenced parking lot. Butz makes appearances and handles some matters on an hourly basis, with fees applied against the rent. Some months, the landlord ends up owing him. Because his court-appoin ted cases require very little paperwork, Butz had been able to get along without a secretary. When he works on cases for other lawyers, he uses their secretaries. Occasionally, he takes work to a typing service or hires a friend as a part-time typist.
John T. Tate, Jr., '78 also emphasizes the impor-
"I think a trap that sole practitioners fall into is just barely keeping one step ahead of yourself," says Butz, "always just reacting to what is coming across the desk and never having time to really shape the practice."
"But I see them making $40,000 and $50,000 a year. In my first year, I billed $40,000 but collected only $28,000, and my expenses cut that in half," Butz says. He will "definitely not" remain a sole practitioner indefinitely. Committed to doing it for at least one more year, he is determined to make annual introspective reviews. If he hasn't met his own goals for his practice within a year, he'll begin looking for a partner or a job with a small firm.
concentrate more on his own cases, mostly civil litigation, some family law, and some advising of small business owners. His friends from law school express admiration for his courage in going it alone, and some envy.
Tate clerked at Lawler, Felix and Hall before opening his own practice in Pasadena in 1980. He courted clients by telling everyone he knew that he washangingout his shingle.
"I had developed a relationship with my barber, and with the owner of a barbecue place. I told these guys thatIwasgoinginto practice,andthey started sending clientsaround. Abarber comesintocontact with everybody. I gotten newclientsthe first week I was in business."
Tatepracticesprimarilypersonalinjuryandfamily lawnow,butinthebeginninghetookmanycriminal cases. "My wife got me to stop," he says. "I had a client who wanted to bring me a gift, a big brass thing, and he came to the doorlate'at night, looking just like what she thought a criminal looked like. Shewasfrightened. Sheputsomepressureonmeto get out ofthatline ofwork. My familylawpractice
was growing, and I begantofocus more on it."
Tate belongs to three referral services, and does volunteerworkatcommunitylegalservicescenters. He serves on the board of directors ofthe Pasadena Senior Center and the Homemakers' Services of Pasadena, andisontheboardsofboththe Southern California American Civil Liberties Union and the national ACLU.
He also sits as a judge pro tern in small claims court in Pasadena twice a month, and as a law and motion or traffic court judge pro tern in Alhambra every other month. "When you're sitting as a judge protern,everyoneknowsyou'realawyer,"Tatesays. "I get calls for other cases from both winners and losers. You see, exposureisthe name ofthe game."
Tate's practice has reached the point now where he turns away 40 percent of the cases that come to him, either becausetheyaretoo small orbecausehe thinksanotherlawyerwouldbe more qualified.
"I always really wanted to be on my own," he
Susan Kay Weiss '73
says. "I love it. You can make of it whatever you want. I'm earning more now than I would haveasa partneratLawler, Felixand Hall,andIlikethefreedom of being able to pick and choose my cases. In my practice, my clients are real people and I deal with them directly."
The major disadvantage of sole practice, he has found, is an initial cash flow problem. His wife, an engineer,earnsagoodincome. "Weneverhadtorely onherearningpower,butIknewitwasthere," Tate says.Tateworks 101/2hoursfivedaysaweekandhe alsoworkseveryotherSaturday; notallthattimeis billed toclients,sincehe administershis own business. "But what money I makeI don't have to share withanyone," hepoints out.
Heandanotherlawyerleaseafloorinadowntown Pasadena building, and they rent offices to other lawyers. Thetwoofthemshareasecretaryandown a library together, renting useof it to their tenants. The attorneys on the floor make appearances for
eachotherandsometimesrefercasestooneanother. A disadvantage of sole practice, Tate says, is the difficulty in taking on a big case requiring a long trialoronerunninguplargeexpensesbeforereaching trial.ThesecondcaseTatetookwhenhe began practicefiveyearsagowenttotrial just lastsummer.He brought in co-counsel to share the pre-trial expense and to try the case, which took seven weeks, and they will share the fee on a $1.26 million judgment. "Ihadn't tried acase of that magnitude on my own, and I needed gunslingers," Tate says. "I could have been greedy and lost it, or shared it and come out ahead."
Susan Kay Weiss '73 wasn't sure when she went into sole practice how long she would stay with it. She had worked two years in legal services in the San Fernando Valley after law school; when she reached the point that she wanted to do something else,andpreferablyontheWestSide,shediscovered that "my legal aid experience was really not
AmilRoth '60
marketable."
Weiss decidedto hang out a shingle and see what happened. "The worst that could happen would be thatI'dlosealittlemoney. ButIthoughtthatatleast Iwouldmeetsomelawyersandbeinabetterposition to look for a job."
That was nine years ago, and her shingle is still out. A certified family law specialist, she handles divorcesandcustodydisputes,anddoessomework in the area of child abuse. To develop her clientele, Weiss decidedher market was women-since many men at that time were unwilling to see a female lawyer.
She accepted speaking engagements before women's groups, talking about domestic violence, estate planning, child abuse, and the legal rights of women. ''I'd speak on any subject. I had a list of speeches I couldgive," she explains.
Shealsovolunteeredherservicesonenightaweek at the Women's Resource Center at Pierce College,
givingfreelegaladvice.Thatdoesn'tleaddirectlyto referrals, "but Pierce does a good job of publicizing the center, and they use the names of the lawyers whovolunteer."
Success in family law practice is a matter of becoming known. "Unlike a business law practice, wedon'thavemuchrepeatbusiness. Peopledon'tgo backrepeatedlytoadivorcelawyer.Referralscome from friends and next door neighbors," Weiss says. Weiss represents both husbands and wives, now; some men seek out a woman lawyer to represent them in custody disputes.
As her practice grew, referrals also came from otherlawyers,especiallyinchildabusecases,which manylawyersdo not want tohandle. She is also on the child abuse panel andtakescourtappointments inthosecases.
''I'm a good listener and a good therapist, and I have an especially good rapport with children," Weisssays."Ihaveaspecialtechniquewithchildren.
James V. Kosnett '76
I take them out for ice cream. If you feed a kid ice cream, they'll tellyou anything."
WeisssharesasuiteinaWilshireBoulevardbuildinginBeverlyHillswithfourothersolepractitioners, whose secretaries take turns answering the phones andstaffing thereceptiondesk.
She's in court nearly every day, and works 10 to 11 hours a day. "I had decided to give myself six months to make money, but it took onlyfour," she says. "Inthebeginning,Ihadtimeswhentherewere cash flow problems, and I still never know where future business is going to come from, but I just don't worry about it anymore."
The advantage of sole practice, in her view, has been the freedom to choose which cases she wants to take and which she wants to refuse. "In a firm, I imaginethatIwouldhavetobillacertainnumberof hours. I could dothat, butI don'twant to."
On thedownside,shesays,"IamlimitedinwhatI can dobythenumberofhours intheday.Iamfairly
good atattractingbusiness, butIcan'ttakeonmore than I can do myself unless I hire someone to work for me."
Weiss says her satisfactions come from "winning custodyfightsforpeoplewhoreallywanttheirkids, trying to resolve divorces without too much pain, interpreting the system for my clients, helping victims of molestation go on with their lives, and making a living at the same time."
Amil Roth '60, a sole practitioner for 20 years, says sole practice has given him the maximum opportunity to organize his time the way he wanted.
"Raisingmy family was the most importantthing in my life," says Roth, "and being a lawyer was a good second. I'd just make a note in my calendar thatonacertain dayIwasgoingto see my daughter perform in a play or go watch my son play ball. I never had to explain to a partner or an employer why I was using my time that way. Being a sole practitionerhasallowedmetolivemylifeasIwish."
Michael Harris '81
Roth had worked in the film industry for several yearsbeforeenteringlawschool, andwasamember of the legal department at Four Star Television for four years after receiving his law degree. When studio head Dick Powell died, Roth entered private practice as a civil litigator. He has been active in class action litigation, both for the defense and the plaintiff.
Roth has been gratified overthe yearsto discover what a community the legal profession is. "When other lawyers send me work, that makes me feel good. I have a back and forth relationship, and I send work elsewhere when Iknow otherpeople can doa little better than I can."
While he specializes in litigation, Roth has found thathandlingsmall businessdisputes,writingwills and probating small estates has resulted in clients referring larger lawsuitsto him.
When his brother-in-law was in a terrible accident, they came to me with the personal injury case. The police report said that he was at fault, and I told them that I had never won a case with the police reportagainstme. But Iwasabletoturntheliability problem around, and the case settled for a sizeable amount."
Roth'sphilosophyisthatifhe"doesthelittlethings toservepeople, thenaslifegoesbyenoughbigcases willcomealongtotakecareofme." Althoughhehas several corporate clients, Roth says that about half of the cases he works on "make a real difference to thepeople I'm working forandto theirfamilies."
Whenhefirstenteredpractice, Rothspenthalfhis time "taking people to lunch and making sure they knew that I was out on my own." He also taught business law and freshman English at California State University, Northridge, "not so much for the money asto givemyself something to do."
Hispracticehasgoneupanddown"likeabattered
HarlandBraun '67
sine wave," Roth says. "The best year I ever had came right after a periodwhenI wasn't broke, butI was strapped for cash. You go from rags to riches.
"When I was working for the studios, I used to play pokeronce aweek. WhenI went into sole practice and started taking contingency cases, I stopped playing poker." In the early years, he tried to sock everyextradimeintoreal estateinvestments"soI'd be sure Icouldput mythreekidsthrough college."
Roth rents an office in a five-lawyer suite and shares a secretary with one of the other lawyers. The lawyers in the suite help each other out when one goes on vacationorisill,and occasionally make appearances for eachother.
"InthetwobigclassactionsuitswhereIwaslead counsel, I always calledin another lawyer to be my partner," Roth says. "The bigger the case, the more important it is to have someone else working with you.Iwouldn'ttakeonabigactionwithoutbringing someone in to back me up."
"You can't be an expert in every area of the law," says James V. Kosnett '76, who practices corporate and tax law in Tarzana. "Litigation in Los Angeles requiresahighdegreeof expertise. Your clientsrely on you to use your knowledge and expertise, andto select thebestattorneyorfirmtoreferthemtowhen the problemis beyond your competence."
Kosnett was with a small Hollywood firmbefore going out on his own two years ago. He took some clients with him, and has his office in the Ventura Boulevard offices of a major client. His reception area doubles asanoffice forhis part-timesecretary, and his client's secretary answers the phone when his own secretary isn't there.
"I have a low overhead, contrasted with a very high overhead at my old offices, which were relatively luxurious with computer equipment and an enormous library. My net is higher because of the lower overhead. My clients aren't coming for the exterior," Kosnett says.
Stephen Gilbert '70
Hehauls in a few extra chairs totakedepositions right in his office, and uses his client's conference room across the hall or holds meetings in a restaurant.Hehasacompletelibraryoftheresourcebooks he uses most often, and makes use of the federal library, the UCLA Law Library, and the library at the Beverly Hills Courthouse.
Kosnett feels that a sole practitioner is able to keeplegalcostsdowntoaminimumforclientsmuch more effectively than is possible in a large firm. "In afirm, the clientmeets with theseniorpartner, who then brings in the junior partner, and the associate, and they all have to meet and confer. They all go backandfillouttheirtimesheets,andthat'sreflected in the billing."
Kosnett says he can do pro bono work without having to ask permission from anyoneelse. "Oneof the things I wanted when I became a professional was independence and freedom. The economic risk is all mine, and that freedom is the best thing about
practicing on your own."
KosnettbelongstoaWednesdaymorningbreakfast clubforthepurposeofgeneratingbusiness. Members includeanaccountant,aprinter,adentist,andothers; they are encouraged to bring guests to meetings, where theytake turns speaking about their areas of expertise.
Other than that one club, Kosnett doesn't belong to groups in an effort to attract clients. ''I'm not a joiner. That'sone reason I'ma sole practitioner." He usuallyputsin 50to60hoursaweek,timeheisable touseefficiently"becausethere'snooneelsearound togossip with. Iusuallyworkrightthrough lunch."
Kosnett chose the UCLA School of Law, after graduation from Yale, partly becausein looking for apracticaleducationhewasimpressedwithUCLA's clinical programs. "I took maximum advantage of those programs," he says, citingasespe'ciallyuseful the trial advocacy course taught by Professor Paul Bergman.
MichaelHarris'81,whowasanadministratorwith the Claremont Colleges before entering law school, feels that the UCLA law faculty "is especially responsive to a student's desire to individualize a program." As an example, Harris mentions a paper onthe advantages anddisadvantage ofprofessional incorporationwhichhe wrotefor Professor Stanley Siegel, andwhichwasmostusefulinunderstanding the taxation of corporations in terms of his own practice.
"The clinical programs were also superb. I took themaximumnumberofclinicalprograms,andProfessor Carrie Menkel-Meadow's course in pre-trial lawyeringreallytaughtmehowtointerviewclients. The techniquesIpickeduptouseintheinitialclient interviewhavebeensouseful."
Harris too cites Paul Bergman's trial advocacy course, "which gave a lot of theoretical basis, but alsohelped meunderstandthenutsandboltsoftrial work. It really took away the fear of going to trial." Harris audited Professor David Binder's wills clinical, which proved helpful in writing a law review articleon trusts.
Harris spent a year working for another lawyer before going outon his own. He maintains an office in Westwood,wherehemeetswith clients,butmost of the time he works at his Hollywood Hills home. "One of the good things about the law is that you don't have to be at the mercy of an organization. Relativelyfew otheroccupationsallow you toprosperor fail basedonthe kindofworkthat youdofor theclient."
Hispracticehasbeenmostlymajorcivillitigation. Referralscomefromtheattorneyheformerlyworked for and from attorneys inthe suite where he has his office, as well as through personal contacts. He has consciously kept his caseload down to the number he can comfortably handle alone.
Harris says that to expand his business, he will need to increase his billings; that means increasing the overhead. "I get along now without a secretary, because agoodsecretarycostsabout $36,000ayear when you add salary and rent for working space. Renting yourownofficespacecostsatleast $1,000a month, which means that an attorney with a secretary has to bring in $48,000 a year before he has a centleft overforhimself."
Harris gets along nicely without doing as much work "because I have a modest standard of living. I had bought my home when I had my previous job, and I drive a 16-year-old car.I've been busy enough that I haven't had to beat the bushes, and I have enough reserves totideme over, because I amnever too sure what's going to happen next month. But so
far, every time something is about to wind down, something else has come in."
Harrisfeelsastrongadvantageofthesolepractice is his ability to choose how to organize histime.
"In order to have a good life, you have to have money, and you also have to have time to spend it. Some of my law classmates who are working for employers are making more money than I am, but they don't have control of their own lives. They are obligated to work a certain number of hours, and they areatthemercy ofthepoliticsofalargeorganization. They spend all of their time making money, puttingin 60hoursa week, andthey don'thavetime left to spend it.
"You can have an abundant material life if you achieve a good balance between time and money," Harris concludes.
Harland Braun '67 finds criminallawparticularly suitedtosolepracticeforseveralreasons."Thecases come and go with a greater turnover than in a civil practice," Braun says, "and in criminal law you are usually not involved in the kind of litigation that requires10lawyers.Whenthere arecaseswithmultiple defendants, two partnersinthe samefirmcan't each handle one of them, because that would be a conflict. But I can refer one of the defendants to anothersolepractitioner,orhe can refer one tome."
Braun and a number of other sole practitioners have informal arrangements which give them some of the advantages a partnership would have. His office is in one of the original Paul Fegen suites in Century City, where Braun socializes with the 40 other attorneys on the floor just as he would with colleaguesatalaw firm. Occasionally,he usesthem as sounding boards and has been associated with them on cases that fit their expertise.
Onegreatadvantageofsolepracticeforacriminal lawyer, he says, is that civil lawyers often are less wary of referring criminal cases to him. "A civil lawyer whohasa major client witha smallcriminal problem is afraid that the client is never going to comeback." Braunsays 50to 60percentofhispractice comesthroughreferralsfrom otherlawyers.
"If I handle theircases properly, their clientswill behappywithme anditwillalsoreflectwellonthe judgement of the lawyer who recommended me. I have to think about the long-term relationship, not with the individual client, but with the firm which referred him. Because of that, I sometimes take a small criminalcase that I might not ordinarily take, sinceitisimportanttoanimportantclientofanother lawyer. A relatively minor criminal case is very important to theperson charged."
After law school, Braun took a job with the War
on Poverty in Washington, D.C.Itturnedouttobe a desk job, and he wanted to go to court. He returned to Los Angeles and workedfor fiveyears in the district attorney's office. When he first entered private practice, he did some civil litigation-but quickly switched back tocriminal law.
"Ididn'tthinkIwantedtodocriminalworkuntilI had done civil law," he laughs. "Many cases which are boring to the district attorneys are interesting from the defenseside."
The "tough stage" in sole practice, Braun says, is "turningawayeverythingexceptyourspecialty.It's hard to turn away a big civil case sometimes, but youhavetotellyourself,'Ishouldn'tdothisbecause I'm a criminal lawyer. I haven't the capability to do this as well, and to do it would hurt my criminal practice."'
He has methodically turned away the kinds of cases he doesn't want to the point that he now characterizeshispracticeas"middleclass" criminal law. He turnsawaydrugcasesanddoesnotusually handle drunk driving. His clients tend to be white collar criminals, embezzlers, those accused of fraud and sometimes murder. He is representing director John Landis in the Twilight Zone case.
Stephen Gilbert '70 practices criminal law on a somewhat part-time basis. He is able to do that, he says,because he isn't a workaholic and doesn't feel drivento earn asmuch as hisformer classmates.
"Mylawschoolclassmateswhohavebecomepartners at major firms are making $250,000 a year," Gilbert says, "but many Americans find that they can live very nicely on $60,000 a year, and you can earn that andwork fewer hours."
Gilbertwentintopartnershipwithtwolawschool classmates upon graduation, rentin�a small office in Santa Monica. The others decided after a year and a half that theycouldn'tmake it financially.
Gilbert hung in there, taking on "anything that isn't too awful. Nobody has ever actually asked me to take on a rape case, but I try not to represent anyone I don't like. Sometimes I wind up not liking them,but Iusuallylike themwhen we start out."
Gilbertsaysifhewereofferedtwocases,onewith a $20,000 fee whichwouldrequirehimtospend200 hours with an unpleasant client and the other a $10,000 fee to spend 100 hours with a more compatible defendant, he would have no difficulty choosing thelowerfee.
He maintains an office in a suite with a friend, whosesecretaryanswers his phoneand handles his mail.Heworksathomemostofthetime. Onatypical day,he works out,goestothe office atabout 10,and leavesat 3 p.m.Ifheisintrial,orifhehassomething pressing due, he works much longer hours.
"But if I have a brief due in two weeks which requires 10 hours work,why should I get it done by noon tomorrow and have nothing to do for the next two weeks?" he asks.
"My favorite clients are people who actually are criminals," hesays,"asopposedto wronged middleclass businessmen who can't believe that they've beensingledoutwhenallthey'vedoneiswhateveryone else has been doing. But the worst is the client who lies to you and says he didn't do it. Then you have the added burden of trying to represent an innocent person."D
A Celebration of 25 Years
hiswonderfuleveningshallremain withmeforever.Ishalltreasurethis gift," said Booker T. Davis to 250 alumni,facultyandfriendswhohad come to the annual Dean's Dinner onFebruary2,honoringhis25years of service at the UCLA Law Library.
The dinner was planned as a celebration of "the extraordinary contribution which Booker T. Davis has made to the law students and alumni of UCLA, who know him simply and affectionately as B. T." The present year was chosen, said Dean Susan Westerberg Prager, with "the idea of honoring him now, at the peak of his career, rather than many years from now."
The setting was equal to the occasion. The foyer of Royce Hall, restored to its Romanesque magnificence, was an ideal choice for the reception. Some arriving guests seemed a bit overwhelmed at seeing
B. T. in black tie, but he quickly disarmed them by hisusualstyleofgivingeveryoneawarm,first-name greeting.
Later, when all were seated at dinner on the new west terrace of Royce, William G. Gould '63 mused over that remarkable memory for names. Gould recalledhow, as a first-year student venturing into the law library, he had cautiously approached the desk when B. T. smiled and said, "'Bill, how can I help you?' I was shocked. How did he know my name? As I spent more time around the library, I realizedthatB.T. madeapointtogettoknowalmost every law studentwho entered his library."
That special quality of concern was mentioned again and again by those who gathered to honor B. T. The evening's printed program noted that twice in recent years B. T. has received the UCLA Outstanding Performance Award. "That fact is only a small measure of the warmth and respect which
students, colleagues, and alumni feel for Booker T. Davis."
Or, as Bill Gould put it: "I guess the concern B. T. demonstrated toward his law students built up a personal bond of affinity. The result is that when I go to the law school I usually don't seethe dean, or any law professors, but always I find time to visit B. T."
A sheaf of letters came from those who weren't able to be present for the Dean's Dinner, but who wantedtobesureB.T. understoodtheywouldhave been there if they could. "It's amazing that you remember students after 20 years," wrote Alan L. Freedman'61. "Icanspeakforseveralgenerationsof law students in thanking you for your patient assistance," added Jon F. Chait '75. "I haven't forgottenwhatyouhavedoneforUCLAlawstudents.I rememberyourgreat patienceandunderstandingas Imadedemandsonyourtimeforaid,assistanceand comfort," wrote Bruce M. Kramer '72. "Many was the time you protected me fromdisaster,"confessed Professor Monroe Price (now dean at New York's Benjamin Cardozo Law School].
Professor Arthur Rosett, speaking at the dinner, expressedtheentireUCLAlawfaculty'sappreciation of B. T. "We honorhim tonight precisely because he so wonderfully exemplifies the things that do not change. (Law Librarian] Fred Smith has observed that B. T.'s skilled librarianship and his essential service oriented quality as a person are the immutableandtimelessmarkoftheprofessionallibrarian. As Fredputsit,B. T. wouldhave been valued inthe greatlibraryofAlexandria,whichwestillremember over the millennia. The reason why that value is timeless is simply that B. T. exemplifies precisely what we aspireto become-B. T. is a professional.
"He is the master of his craft, displayed in his commanding knowledgeof the collection. He transmitshisenthusiasmfortheenterpriseofscholarship to all who use the library. He also displays his professionalism in his love of the materials which he guards andprotects. We are allvery luckythat it is upon us that he has bestowed his professionalism. Hehonorsusallbyhisconcernandhisfaithfulgood will."D
Ken Graham: Iconoclast With Heart
by Ellen Klugman
raham is a real imposition; a rat; a destructive deterrent to education; a true louse; worst, he apparently thinks his inane, stupid approach topeoplewhohappentobestudents isnot only justifiable, but effective."
One student's evaluation, quoted in The Hostile Witness (a late 1960s UCLA law newspaper] and displayedin Ken Graham's office.
"It is the supreme art of the teacher to awaken joy in creative expression and knowledge."
Albert Einstein quote (also displayed in Graham's office).
Meet Ken Graham. Meet Ken Graham's sense of humor: biting wit. For some, the emphasis is on biting. For others, the outstanding quality is wit. Regardless of the odds, Ken Graham is the H. L. Mencken of the law school set. He is the first to point out that the emperor has no clothes, and he willdo sointhemiddleofthecoronation.Aniconoclast at heart who does have a heart, only to use it when you'd least expect it. What else could you expect from a man born inDefiance, Ohio?
Priesthood. At least, that's what one person expected. But mothers are like that and in the final analysis, as Ken Graham puts it, "I couldn't stand the idea of celibacy. Everybody said I talked a lot and in the culture from which I came, if you talked too much, priest or lawyer were the two options available to you. I was very interested in politics, anyway, so I went to law school."
The law schoolhe speaks of isthatof the University of Michigan, where he graduated in 1962. After that, he came to Los Angeles to work for a well known large law firm. He was working there at the time President Kennedy was assassinated."Several of us got together and decided that engaging in the big firm practice in the sort of stuff we were doing was a waste of our time. We were all sort of library rats at big downtown law firms and were feeling hke we were wasting our talents. Even if we got to besuccessful, wewereatthepointwherewe didn't
really regard the people we were working for as socially useful."
Afriendconvinced Ken Grahamtoputinacasual application for a teaching position. By that time, Graham had decided that he would stay at the firm for another year or two. Then he received a phone call regarding his application, giving him a suite number at the Los Angeles hotel at which the conventionoftheAssociationofAmerican Law Schools was being held.
"I expected the room number to lead to the AALS headquarters. Instead, it was a room number onthe fourth floor.I figured I'd gotten the number screwed up. Finally, I knocked on the door and this guy answereditandsaid, 'Hi, I'm DickMaxwell, Deanof UCLA Law School.'
"IwasingrubbiesandIhadn'tlookedupanything about the law school and the faculty. I remember one thing. Jesse Dukemenier asked me what I'd be interested in teaching, and I said, 'Anything but Property.' Well, Jesse had assumed that I knew he taught Property and that this was a very clever response. I found out later that one of the things Jesse looksfor when he's interviewing for faculty is a sense of humor."
After a second interview at the law school with each ofthe 15 or20facultymemberswho were there in 1964, Ken Graham got the job. He started out teachingCivil Procedure and hascontinuedtodoso, although he is best known for his courses in Evidence.
Kenneth Graham is 50 and appears remarkably younger than pictures of him in his 30s. Looking at his tall, lean frame, it's hard to believe that Ken Grahamevenhad50poundstoshedbeforehestarted running 10years ago. In a recent interview, he gave his views ona variety of topics.
"I don't really know what my image is. Once in a
Ellen Klugman '84 has written on law, consumer, and women's issues for the New York Times, Wall Street Journal, andotherperiodicals. She is an attorneyat PachI, Ross, Warne, Bernhard and Sears.
whileyougetjarringcommentsfromteachingevaluations. I'malsosurprisedbythefactthatpeoplefind me intimidating. When I took that comment home, my kids just laughed and laughed; they couldn't see how anyone would find me intimidating."
Recallingthesemoments, Ken Grahamlooks,well, vulnerable. He quickly changes pace, adding, ''I've learnedtolivewithit. Iusedtoworryaboutit inthe '60s and tried to do a series of things to deliberately diffuse it, none of which worked. Most of my students get overitor see through it. I've exhausted my creativity inthatone.
"'Cynical' gets used either as a criticism or as a complimentaboutmystyle. Ijustfindthatdevastating. It sets my teeth on edge. I do not regard myself asacynicalperson. Iregardmyselfasapersonwith acertainamountofhopeandafairlypositiveoutlook toward the way people can behave in the proper socialsituation," Graham says.
"Iusedtothinkwhathappenedwasthatstudents would make that comment from word of mouth. I don'tthinksoanymore.It'sobviouslysomethingthat I'm doing in class. It may be that some people don't know the difference between cynicism and irony.
Cynicism is lack of hope, or humor; it's bitterness. Irony is moretolerant, morehopeful.
"The single word I find most satisfaction in is 'enjoyable,"' Graham continues when asked what studentevaluationshe ismostproudof. "That's the part of the job I truly enjoy and find satisfying. Peoplewillsaytheylearnedalotandthat'snice,but Idon'ttakethattooseriouslybecauseitreallytakes a while before you can realize what it is you may havelearned."
"To call him cynical is a mislabeling," explains faculty colleague LeonLetwin. "Itmistakespungent criticismofestablishedvaluesfornihilism, andthat's wrong."
David Polinsky, a second-year student who took CivilProcedurewith KenGrahamandwhorecently appeared as one of the maleleadsin the law school satire, "SongsWithout Heart" (written by Graham], observesthatwithin Graham"thereisthehardcold analyticlawyer. Heis brutally, andI meanbrutally, honestaboutthepracticeoflaw,includingthegentle manipulations of truth. But he balances that with a highly moralistic, just attitude which says never forget that you are a human being helping another
A Graham Sampler
Lyricsfrom some law school musicals ofrecentyears give a flavor of the irony which is Ken Graham's hallmark. {Song titles from musical comedies indicated in parentheses willhelp to identify the tunes.}
"That Enchanted Feeling" from Soporific ("Some Enchanted Evening" from South Pacific)
That enchantedfeeling, Whenyou know that you're right. When you knowthat this fight . Is one you're fated for. Andsomehowyouknow, Youknowgoing in, The world will be better If only you win.
That enchanted feeling, When you knowfor certain That the folks you're hurtin' Somehow deserve the pain. Whatever you do, You'llalways besure, Thatall of your reasons for actingarepure.
Foolsalways whimper "on theotherhand..." Youhave no doubts for youknow where you stand.
That enchantedfeeling, When youhave the True Faith And you know no new faith Willever cause youdoubt, It'snice when youknow, Thatwhatyoubelieve Will guide you through life And will never deceive.
Once you havegot it, Youcan never lose, If you believe it You won't have to choose.
Scenesfrom thisyear's lawschool musical, Songs Without Heart.
It'stime forusnow to graduate, Togo and fightpoverty and hate, Toseeif wecanalleviate, The GreatInjustice of TheCorporate State.
It's sometimessaidthat "thelaw's the tool, Of those whowant to preserveclassrule," Iflaw and justice donot equate, Don't give up-goout and agitate!
First year,wewererather naive Next year,itwashardto believe, Thirdyear,man,wereallygot glum, But out of the darkcomes the startinggun.
So when you hear "Pomp andCircumstance," Drop your Gilbert's andgrab yourlance, To live alifeinthelaw that'sfree, Come join the fightforequality.
Realists:
Thetirpe hascome now to takethebar, Then fight tokeepthings just as they are, If clients wecannot exculpate, Whenfaced with justice,weobfuscate.
Let'sgo dismantletheWelfare State, Forall thoselosers deserve theirfate Except the few that incorporate, Forthem the taxlaws, we manipulate.
First year,our idealsgrew fewer, Next year, "Ah tohell with thepoor," Thirdyear, get that big jointdegree In ego-nomics and greed-ology.
We'll fightin courtrooms for all we'reworth For multinationals we'llscorch theearth, Tohelp IBMescape thestate, Delay,obstruct andobfuscate.
man or woman. In class, he comes off as pompous and snotty. In person, in reality, he's very modest and very humble."
Murray Kane '70, partner in a Los Angeles law firmandcandidateforcityattorney,remembersKen Grahamastheprofessorwhohadthegreatestimpact on him. "Ken Graham put me in touch with why I wanted to be a lawyer," says Kane. "He taught me thatpracticinglawwasnotjustacorporateexercise, but rather the opportunity to make a difference in the quality of people's lives."
Comments like these are not the mark of a coldblooded cynic. He just calls 'em like he sees them. Takebigfirm corporate practice,forinstance:
"It's a bureaucracy," Grahamannounces. "To bea goodlawyeryou'vegottobeabletoworkcreatively. Andina bigfirmyou'reconstantlymiredinbureaucratic detail. You don't have any control over that, andso whentheruledoesn'tmakesense,inorderto gettherulechangedyou'vegottogothroughalotof hassles. Immediately, people begin to fence in their creativity as a lawyer to align with the particular set of bureaucraticrules."
Butlargefirms,Grahamcontinues,"don'tneedthat creativity.Theybecome aninstitutionliketheArmy where they don't depend on individual creativity. Instead, theydependonmassingintellectualpower whichisorganizedinaparticularway."
ThestudyofpowerfascinatesGraham,whetherit manifestsasthepoliticsofpick-upbasketballgames atPauley Pavilion (asubjecthe hopes to publishon oneday) orthepoliticsofchangeattheUCLASchool of Law. Having taught there for more than two decades,hehashadtheopportunitytowitnessalot. Andnaturally,hehas things to say about the topic.
"My theory is that the function of a public law schoolistoprovidealegaleducationforpeoplewho wouldn'tgetintoprivateinstitutions,nottocompete with private institutions for the same clientele," asserts Graham.
How could the law school be improved? "I think the law school would bebetteroff as an institution if students hadmore control. One of the things that students did hereinthe 1960s was to get some kind of a handle on what was going on. For example, I rememberthefirstyearIwashere,someonecameto the faculty hat-in-hand, wondering if the students coulddoevaluationsofteacherssothattheteachers couldhaveanideaofhowtheywerebeingreceived. Thefacultyappointedacommitteeanddecidedthat this couldn't be done-to do so would violate the faculty'sacademicfreedom!
"We'vecome alongway sincethen. The next step was to get students on faculty committees. Not a
student majority, but just so students could say, 'Here, this is what's wrong here from the students' point of view.' It look a long fight to get students onto the committees.
"One of the ironies is, having achieved that, we now have students who are totally ignorant of the long fight it took to gel to do student evaluations. So when they go into a class to do student evaluations, there are a certain number of students who just get up and walk out without completing the evaluation form. In my book that is simply horribly irresponsible.
"Theleachingherenowis in somesensedependent upon the fact that people in the past have been able to make comments. You know, faculty members do change the way they do things. If people don't like things, then itseems tomethey owe it to other people to state, as explicitly as they can, why."
Democrats think Ken Graham is a Republican and Republicans have him pegged as a Democrat. Ken Graham says "Populist" is "one label I wouldn't object to," evidence of a tradition cultivated from hometownexperiences back in Ohio. He has not forgotten his working class roots, and they have clearly influenced his dream about how society should be.
He describes this vision as "the old fashioned democratic society where all people share in the essentials about what we were going to do; where there wouldn't be tremendous disparities in wealth and political influence; where people really could develop their talents in ways that they choose rather than being shunted into this kind of job or that kind of job because 'that's what we need, therefore that's what you're going lo be.'"
Nonetheless, amongst all this individualism, he insists on a strong social consciousness, as well. "Whatkind of lawyersshould be produced and where they would go ought not be a decision made solely by the faculty of an institution or the students who choose lo attend that institution, as long as the institution is a public one. But how to do that, how to go about doing that, is not entirely clear to me.
"Somehow we could decide what kind of lawyers we really need andit wouldn't be a question of taking people who wanted lo be some other kind of lawyer and forcing them lo do that [the other kind of lawyering) forsome period of time. We would change the whole law school.
"Let's assume, just for the sake of argument, if you could convene all the people in California, everybody would immediately agree that we have all the business lawyers we really need, and that what we need is more people lo represent landlords, tenants, and spouses, for example. That would mean that we
would have topped off al classes in corporate law and we would immediately switch over lo teaching classes in those areas of legal practice in which the need was felt."
Clearly, Kenneth Graham is a bull in the china shop of traditional legal education, who continuesto act as one of its shopkeepers. Much to the consternationof friendandfoe alike, hemanages to reconcile the two quite well in his own life.
His multi-volume treatise on the federal rules of evidence, Federal Practice and Procedure: Evidence, publishedby West, graces the libraryshelves of most every large corporate law firm around. The man may have been called "a louse" but he's no slouch.
His annual musical satires on law school life, "My Fair Lawyer," "Carcinoma," "Obfuscate," "Soporific," and "Songs Without Heart," have become a wellattended tradition. Proceeds from the ticket sales go to the Public Interest Law Foundation-yet another indication that the tin man does indeed have a heart, and a large one at that.
"He reserves much more of his emotional self and his deepest concerns for those with backgrounds of poverty and discrimination rather than on those with upper middle class success," says Professor Letwin in explaining the seeming dichotomy in the personality that Ken Graham projects.
Having worked closely with him during "Songs Without Hearl," second year law student David Polinsky notes about Graham's shows: "This is his chance not to be 'Professor Graham.' I came to respect and admire him through his class, but I came to love and appreciate him through his work in the show. Al those times, he's not faculty, he's Ken. He deals very personally and is a very sensitive and artistic man."
Are the shows autobiographical? "Sure," Graham says, musing matter-of-factly: "It's always about you. The shows always revolve around the same themediscovery at the law school. Each show represents problems that I've had or observed close at hand, or that I've imagined happening to me.''
Yet scratch the surface of brain and bravado, and you see a man who is just as unsure as the rest of us.
''I'm a compulsive worrier. I worry about whether people will hiss when I walk into class today, whether I'll gel exams done on time. I worry about how people will respond to what I'm going to do. I walk into class sometimes and have to hold onto the podium because my hands are almost shaking."
The deadpan face, the slight smugness, even the charm are gone. All that's left is the person called Ken Graham and that Ken Graham is good enough for me.O
Ralph S. Rice
Arvo Van Alstyne
Professor Emeritus Ralph S. Rice, 75, Dies Jan. 3 at Home
Professor Emeritus Ralph S. Rice, who hadmaintainedan almost daily involvement in theSchool ofLaw since his retirement in 1977, died January 3 at hishome in BelAir. Rice, 75, was an authorityon taxation and estate planning. He joinedthe UCLAfacultyin1952and was named Connell Professor of Law in1964.His majorworksare Problems and Materials in Federal Estate and Gift Taxation, Family Tax Planning and California Family Tax Planning.
UCLA Librarian Emeritus Robert Vosper, who spokeat amemorial servicefor Rice on February 26 at the Faculty Center, noted that throughout retirement Ralph Rice remained deeply involved in service not only lo
the law school but lo the University atlarge. He provided counsel to the William Andrews Clark Library of UCLA for many years.
Professor MichaelAsimow, also speakingat thememorial service, described Rice as hispersonalmentor in teaching and research. "He was totally devoted lo the lawschool over averylong period of time. He is extremely well regarded among the practicing bar as a scholar tuned to the concerns ofpracticing lawyers," said Asimow.
After completing degrees in history at Northern Slate Teachers College, Aberdeen, S.D., and law atthe Universityof South Dakota, Rice earnedan LL.M. at HarvardLaw School in 1940.
Among other honors, Professor Rice received the honorary degree of Doctor of Laws andLetters from the Universityof South Dakota. He served as a lieutenantin the U.S. Navyduring World War II. Before joining the UCLA law faculty, Rice taught al law schools of the University of Cincinnati andthe
University ofCalifornia, Berkeley. He is survived by his wife, Rose; a son, Terence Rice of Carlsbad. Calif.; and adaughter, Patricia Rice Gill of Lebanon, Tenn. His son, alsoan attorney, iscontinuingsome of Professor Rice'smajor work.
Arvo Van Alstyne Diesat 62 in Utah
Arva Van Alstyne, professor of law at UCLA from 1953 to 1966, died January 11in SaltLake City. Van Alstyne, 62, wasUtah commissioner of higher education and chief executive officer of the state's Board of Regents.
Professor Murray Schwartz, a colleague during VanAlstyne's years at UCLA, describedhim as "a man of tremendous energy, productivity, and very high moral standards."
Professor Ted Jones, another UCLA colleague, said that Van Alstyne "was probably the hardest working person I've ever met; he typically would eat lunch in his office whilehe worked. He was an enormously productive scholar and a genuinely fine man."
An authority on civilprocedure andlocalgovernment, Van Alstyne joinedthe law faculty of the University of Utah in 1966. He was appointed vice president of the university in 1975by Dr. David Gardner, who was then president of the University of Utah and is now president of the University of California.
President Gardner described Van Alstyne as "one of the finest human beings I have beenprivileged to know-honest, committed, compassionate and competent. My respectand admiration for him grew each year."
Van Alstyne is survived by his wife, Ruth; six children, David Guy, Peter John, Laura Jane, Philip Charles, Sara Jayne and Kristina, and 10grandchildren, all residents of the Salt Lake area.
Dean Prager to Head Legal Education's Major Association
Dean Susan Westerberg Prager will becomepresidentof the Association of AmericanLaw Schools in 1986. Shewas elected unanimously at the association's annualmeeting in Washington, D.C., January 3-6.
Morethan2,500 law professors, deans and librarians from 175 law schools attended the meeting. The AALS is thenation'smajor association inlegaleducation.
Founded in 1900,the association is a learned society andthe principal representative of legal education to other higher education and professional organizations, other learned societies and the federal government.
Professor Roger C. Cramtonof Cornell Law School is president of the association this year. Dean Prager, serving this year as president-elect,willbegin her term as president in January1986.
Alumni on Bench: Please Write Home
The number of UCLA law alumni who have been appointed tothe bench is a remarkable story-and one which will be the subject of a feature article laterin the yearin this magazine.
So many alumni are judges, in fact, thatwe're fearful some will be missed when wetryto compile a complete list.
Ifyou're a judge, please take a momentto include your name on this distinguished UCLA roster. Just drop anote (or abusiness cardincluding yourclass year will donicely) to: Editor, UCLA Law Magazine, School ofLaw, UCLA, Los Angeles90024.
If you're not ajudge,why not write us a line anyway-to let us know the namesof your classmateswhoare servingon thebench.
Wil/iam Forbath
Law Faculty Gains William Forbath, Frances E. Olsen
Aeling Professors Frances E. Olsen and William Forbathbegan appointments on the School of Law faculty inthe1984-85 academicyear.
Acting Professor Forbathteaches civilprocedures, Americanlegal history, and law andsocialtheory. Before joining the UCLA law faculty, he taught and completed a doctoral dissertation in the American Studies program at Yale. He is also a graduate of YaleLaw School.
Among his scholarlywriting is an article on mock trials as a popular nineteenth centuryform of social protest, and another on past and present experimentsin communitybased and other forms of dispute resolulion.
Acting Professor Olsen, whoreceived her J.D. at the University of Colorado and her S.J.D. at Harvard Law School,teaches torts and family law. Herinterests include legal history,jurisprudence and feminist theory.
While practicing law in Denver,she represented the Indians at Wounded Knee and also women inmates of Colorado Stale Penitentiary in a class
action. At Harvard, she concentrated on feminist theory and critical legal theory. Her articles include "The Family and the Market: A Study of Ideology and Legal Reform" in the Harvard Law Revier,',
Justice Elwood Lui Elected President Of Law Alumni
Associate Justice Elwood Lui '69of the California Court of Appeal has been elected president of the board of directors of the UCLA Law Alumni Association for 1985.
Lui has served on the Court of Appeal since 1981, and earlier was on the bench of the Los Angeles Municipal Court and Los Angeles Superior Court. He was justicepro tern of the California Supreme Court in 1982-84.
In addition to his UCLA law degree, he earnedboth his bachelor's degree in accountingand his master's in businessadministration at UCLA.
He has served onthe law alumni board since 1981. He and other directors of the association haveset their goal to make 1985 an especially
FrancesE. Olsen
Justice ElwoodLui
active year for alumniparticipation in the law school.
Vice president of the association is Laurie L. Levenson '80 of the U.S. Attorney's Office; secretary is Judge VeronicaSimmonsMcBeth '75 of the Los AngelesMunicipal Court; and treasureris WayneW.Smith '72 of Gibson, Dunn & Crutcher. Other directors whose terms end in December 1985 are Marilyn V. Freytag '59 of Lynch & Freytag; Carol L. Mayall '81 of Manatt, Phelps, Rothenberg & Tunney; and Robert M. Ruben'64 of ProntoMessenger Service.
Directors with terms ending in 1986 are Donald P. Baker '73 of Latham & Watkins; Dennis C. Brown '70 of Munger, Tolles & Rickershauser; Florentino Garza '56 of Garza, Jure & King; and John G. Wigmore '58 of Lawler, Felix & Hall. Newly electeddirectorswith terms ending in 1987 are Elizabeth A. Cheadle '81 of Wyman, Bautzer, Rothman, Kuchel &Silbert; Judge Jon M. Mayeda '71 of the Los Angeles Municipal Court; Everett F. Meiners '64 of Parker, Milliken, Clark, O'Hara &Samuelian; and Hector Villasenor '72 of Villasenorand Associates.
Constitutional Law: A Field Ripe For Women's Insights
Constitutional law is dominated by valuessuch ashierarchyand power. It would benefitgreatly by adding a large measure of the morality and world view typically characteristic of women.
That view of needed change is given by Professor Kenneth L. Karst in his article titled "Woman's Constitution," published in the Duke LawJournal.
Although the social orderwhich once limitedwoman's place mainly to the home now has been reconstructed,giving women access to most positions throughout the social system, Karst observes that the system itself still "isdesigned around an essentially male conception of human interaction."
The law's traditionalassumptions about the sexes arebased on men's ideas, just as "the social definition of woman has beenconstructed around men's needs," Karst notes.
"You can always find some difference between men andwomen, if you are looking fora way to justify sexdiscrimination," he says. A century ago, the U.S.Supreme Court agreed that the legal profession should be open to men only; two years ago, the court upheld as constitutional a lawrequiring young men-but not women-to register for the draft.
Just as men define women's roles, so do women as a group have "a different sense of self and a different moral perspective," Professor Karst says. Illustrating this point, he cites the two contrasting metaphors evoked by author Carol Gilligan. For men, the metaphoris the ladder; for women, it is theweb.
Paraphrasing Gilligan, Karst writes: "Men tend to see human interactions as the contractual arrangements of individuals seeking position in a hierarchy. Women, defining themselves as more continuous with their human environments, tend to see the same interactions as part of ongoing, sharing connections in a network of relationships.
"The viewfrom the ladder tends to produce a moralityofrights,an abstract hierarchy of rules to govern the competition of highly individuated individuals. To see the world from theweb, however, is to see individuals in connection with eachother,andto see morality as a question of responsibilities to particular people in particular circumstances."
While Professor Karstconcedes that all people-menand womenembody at leastpart of both the "ladder" and the "web," he concludes that "it takes nosophistication to see thatAmericanlawis predominantly a system of the ladder,by the ladder, andfor the ladder."
While he does notpropose using constitutional law to dismantle the hierarchy, Karst argues the value of giving greater protection in constitutional law to theweb of human connections.
"Ourlegal system, oriented around themoralityof the ladder, has a limited view of the reach of constitutional rights and the proper scope of judicial inquiry," says Karst. This narrowfocus has prevented the courts fromseeing the inherent sexism inlegislationaimed at "protecting" women.
What would itmean to bring women's moral perspectivesto bear on constitutional law?
Answering that question, Karst says it is firstnecessary to look more closely at characteristicviews held by men andwomen. Men tend "to definemoralityand justice in the vocabularyof rights," whilewomen more often "define morality and justice in the language of responsibility."
Faced with moral dilemmas, "men tend to look forsolutionsin a hierarchy of rules," while women typically "seek to widen the range of inquiryin the hope of finding solutions that preserve relationships."
Karst observes that "women generally do tend to see the world differently," even thoughsuch a generalization is not universally true. "To ask about the possible contributions of women's world view to our constitutional law is to explore beyond the reshaping of male-defined roles andinstitutionsto accommodate women's needs. It is to imagine the possibility of a more general widening of our
constitutional horizons."
The issues of personal security and powerthemselveswould take on new meaningsif constitutionallaw were infused bywomen'sperspectives, Professor Karst suggests.
"Because womengenerally find littleneed to climb theladder in order to define themselves, theygenerally findlittle need forsubordinates. The idea of power as domination recedes in favor of the idea of power as capacity-most notably, the capacity to provide care for others. The perception of human interactions as a network does notimmunize those interactions from conflict.But the 'guiding principle ofconnection' and the rejection ofa view of society as a zero-sum game encourages efforts to resolve conflicts by widening the rangeof inquiry, seeking newways for the conflictingpartiesto define newgoals they can share."
In practical terms of deciding cases, Karst says, this widened perspective and "network"-oriented vision of human relationships could mean resolving conflicts by encouraging the parties to explore avenues of cooperationinstead of engaging in struggles for domination.
"The concern to understand moral conflict in itsparticularhuman context may contribute not only to thequality ofjusticefor particular individuals but also to the development of new legaldoctrines that promote justice," Karst suggests.
"I am persuaded that a distinctive moral perspective will be infused into our public life as more and more women become judges and generally assume positionswith policymaking responsibility."
Professor Karst has observed this distinctive vision of the law in his own classroom at UCLA, and in his observations therehe findspromise for the future ofAmerican constitutional law.
"Women law students generally do seem to bring to our discussions the perceptions and values of the web of connection and a sense ofjustice focused on care," he says. "These women do not seem to think change is impossible, andneither do I."
Calendar of Events
Monday,April 8, 1985-Law Alumni AssociationBoardof Directorsmeetinghosted by Everett Meiners and Parker, Milliken, Clark, O'Hara & Samuelian, 6 p.m.
Tuesday, April 9, 1985-Roscoe PoundTournamentof Moot Court Honors Program, School ofLaw, 3 p.m.,followedbyreceptionatRoyce Hall.
Thursday,April11, 1985-Ventura CountyAlumniReception, Ventura Harbor Town MarinaResortHotel, 5:30-7:30 p.m.
Thursday, April18, 1985-San FranciscoAlumniLuncheon, Four SeasonsCliftHotel, noon.
Saturday, April 27, 1985-Classof '74 Reunion, James E. West Center, 6:30 p.m.
Sunday, May 26, 1985-Schoolof Law Graduation Ceremony, Los AngelesTennisCenterat UCLA, 4 p.m.
Wednesday, June 26, 1985WestsideAlumniReception, location to be announced.
July 5-10, 1985-Annual Meeting of the American Bar Association, Washington, D.C.
September 27-31, 1985-StateBar Association Conventionin San Diego. Monday, September 30, luncheon hosted by the UCLALawAlumni Association, Town & Country Hotel, 12-1:30 p.m.
Saturday, October19, 1985-Fifth Annual AllAlumni DayandBarbecue at theSchool ofLaw with presentation of Alumnus of Year Award, beginningat 4 p.m.
Myron Meyers '54 has joined the Century City firm of Jeffer, Mangels & Butler as a partner. Meyers specializes in foreign investmentin the United States.
Marvin D. Rowen '56 has been appointed by Governor Deukmejian as a judge of theLos Angeles Superior Court. Rowen was the seniorlitigation partner in the Century City firm ofLevinson, Rowen, Miller & Jacobs.
Harry Brisacher,Jr., '58 has retired after 26 years of practice in theWest Los Angeles and Santa Monica areas.
The 1960s
Philip S. Magaram '61 has mergedhis practice as part of the new firm of Valenski, Rose & Magaram in Century City. He continues to concentrateintaxation,estate planningandbusinesslaw.
Marvin S. Frankel '62 of Anchorage has been appointed by Alaska's governor to head thestate's Land Use Council.The councilprotects the national interest in public lands while providingland use opportunity for economic and social needs of Alaska.
Larry Karlin '62has become a broker affiliate of Fred Sands Realtors in Santa Monica.
Ronald Keeler '63 has become president of theLockheedFederal Credit Union, whichhas 60,000 members.Formerly, he practiced corporate law with Lockheed California Company.
L. Christian Hauck '65 has been appointed generalcounsel of the
Colorado-Ute Electric Association in Montrose, Colorado.
Robert Bertram Burke '66 has associated with the Century City firm of Gould & Merritt. He also has been appointed by MayorBradley as a city commissioner of the Housing Advisory and Appeals Board.
Joseph L. Shalant '66 notes that his firm Englund, Bolden, Shalant & Shalant has moved to expanded offices on Wilshire Blvd. The firm specializes in personal injury, medical malpractice and worker's compensation.
Donald R. Allen '67 of Washington, D.C., writes that his firm, Duncan, Allen and Mitchell, has opened its fourth African office, this time in Lubumbashi, Zaire, heart of that country's copper belt. Half the firm's 25 lawyers practice in Washington while the othersare stationed in the African offices.
Peter M. Appleton '67 has been installed as president of theBeverly Hills Bar Association.
Gilbert I. Garcetti '67 has been named Chief Deputy District Attorney for the Los AngelesCounty District Attorney's office, making him second-in-command of the largest local prosecuting agency in the nation.
Barry A. Fisher '68, Robin Moest '72 and David Grosz '74 have joined with constitutional lawyer Stan Fleishman to create the firm of Fleishman, Fisher & Moest in Century City, specializing in media law, censorship-relatedmatters, and commercial, criminal, and civilrights litigation.
Robert E. Lewis '69, partner in the mid-Wilshire firm of Anderson, Ablon, Maseda & Lewis, has been reappointed to theCity of Thousand Oaks Planning Commission and is serving as the commission's chairman.
Ballmer & Berkman is a candidate for City Attorney of Los Angeles.
Roy Glickman '72 has become a member of the firm of Narvid, Glickman & Harrison in North Hollywood. He is also a major in the U. S. Air Force Reserve, assigned to the Judge Advocate General department.
John 8. Bartos '73 was appointed Chief Legal Officer, Immigration & Naturalization Service, in Phoenix, Arizona. He served the previous two yearsasassistantregionalcounsel.
John King '73 has recently joined American Savings and Loan Association inStockton asse-nior vice president and assistant general counsel.
Theresa Player '73 wasappointed directorof the clinical program at the UniversityofSan DiegoSchoolof Law.
Paul Harper Robinson '73 recently married Jane Alberta Grall in Pennsauken, N. J. He is professor of law at Rutgers University.
Frank G. Houdek '74 has been appointed director of the law library and associate professor of law at Southern Illinois University in Carbondale. Previously, he was associate director of the law library at theUniversity of Southern California.
William M. Kahane '74 has been nameda vice president of Morgan Stanley Realty, a subsidiary of the New York based international investment bankingfirm, Morgan Stanley.
Michael D. Scott '74 is author of a treatise titled ComputerLaw, published by John Wiley and Sons. He also has been appointed to the organizing committee for the International Bar Association's 1985 meetingin Singapore, and he recently spoke in Hong Kong at a seminar on software protection.
The 1970s
Murray Kane '70 of Weiser Kane
David H. White '74 has becomea staff counsel in the legal department of Pacific Resources, Inc., a Hawaii based energy company. He was previouslya partner in the Honolulu lawfirm of Okano, Wong & White.
Frederick 8. Benson '75 is a partner in
the firm of Hogg and Benson, Los Angeles. Hispractice emphasizes immigrationand nationality law.
David E. Hayen'75 wasrecently appointed to the board of governors of theCenturyCity Bar Association.
Paul R. Katz'75 has been appointed vice president andseniorcorporate counsel for American Medical International, a health care services company.
Timothy Lappen '75 hasjoined the CenturyCityfirm of Jeffer, Mangels & Butler ofcounsel. He continues to practice in theareas of real estate acquisition, development, and sales.
Michael I. Adler '76 has become a partner ofthe firm of Mitchell, Silberberg & Knupp.
Anthony M. Aron '76 is of counsel to the lawofficesof Kenneth L, Knapp in Newport Beach. Aron's practice is solelyas atrialattorneyin products liability andmedical malpractice.
William G. Seaton '76 is a member of. the new legal search firm of SeatonRusso in Beverly Hills.
David W. Evans '77has become a partner in the firmofLong & Levit, San Francisco, specializing in legal andaccountingmalpractice defense, professionalliabilityinsurance coverage matters, and commodities litigation.
Joseph M. Gensheimer '77 has been appointedcounseland secretary for SBS Rea!Com, a subsidiary of SatelliteBusinessSystems in McLean, Virginia.
Richard D. Harroch '77 has been appointedchairofthecommittee on partnerships and unincorporated associations of the business law section of the StateBar of California.
Suzanne Harris '77 has become a partner of Sheppard, Mullin, Richter & Hampton.
Annelle Keller'77 has beenpromoted tothepositionof assistant city attorney, with theresponsibility of managing the 90-person criminal trialsbranch ofthe office of the Los Angeles City Attorney.
Herb Meyers '77 has become general counsel for the Mat West Company, a
corporation engagedinthe real estate construction, investment, managementandbrokerage businesses.
David Wheeler Newman '77 has become a partnerof Mitchell, Silberberg & Knupp.
Andre M. Reiman'77has become a partner inthe firmof Arnold & Porter. After threeyearsinthe Washington, D.C., office,he transferred lo thefirm's Denver office in 1980.
George B. Speir '77 has become a partnerin the firmof Miller, Starr & Regaliainthe Oaklandoffice, specializinginbusiness andreal estatelitigation.
William F. Sullivan '77has becomea partnerin the firm of Brobeck, Phleger & Harrison in San Francisco, specializingin businesslitigation. He recentlywas elected p�esidentof the Barristers' Clubof San Francisco.
Roy Weitz '77ispresidentof Personal Wealth Planningin Sherman Oaks.
Robert L. Wishner '77has becomea principalinthe Los Angeles firm of
Rodi, Pollock, Pettker, Galbraith & Phillips.
James E. Blancarte'78and Robert N. Block '78have become partners of Mitchell, Silberberg & Knupp.
Hilary Huebsch Cohen '78hasbeen appointed vice chair of the committee on partnerships and unincorporated associations of the businesslaw section ofthe State Bar of California. She alsohas beenelected to the board of governors of California Women Lawyers.
James M. Eisenman '78and William D. Klibanow '79have formedthelaw firm of Klibanow & Eisenmanin Century City.
Lisa Greer '78 has become a partner of Lawler, Felix & Hall in Los Angeles.
Jean Pierre Nogues '78and Michael Quesnel '78have become partners of Mitchell, Silberberg & Knupp. Quesnelhas beenelected to the board ofdirectors of Public Counsel, the publicinterest law firm of the Los Angeles County and Beverly Hills Bar Associations.
Lisa Trankley '78has joinedthe environmental section of the Attorney General's office in Sacramento.
Scott E. McConnell '78has becomea shareholder inthe firm of Stradling, Yocca, Carlson & Rauth in Newport Beach. He specializes in corporate and securities law.
Michael Barclay '79has become associated withthe Los Angelesfirm of Spensely, Horn, Juhas & Lubitz, specializing in intellectual property and high technology law.
Arthur F. Radke'79 has become associatedwiththe firm of Ross & Hardies in Chicago. His practice is concentrated incommerciallitigation.
The 1980s
Cathy Blake '80writes from London that she, Ida Levine '80and David Miller '78"have establisheda small foothold to counter the East Coast Establishmentthatdominates the London scene."
TwoWaystoBecomeMoreInvolvedinYourLaw School
1. If your name hasn't appearedlatelyintheClassnoles, lakeamomenttosharesomenewsaboutyourself forthe nextissue ofUCLALaw.
D
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Iwanttosupportthe lawjournalsbysubscribingto:
UCLALawReview ($20)
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FederalCommunicationsLawJournal($15)
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Iwantloparticipatein:
The Law Alumni Association
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Carol A. Clem '80 was elected treasurerof the Los Angeles Juvenile CourtsBar Association and reelected to the board of directorsof the Los Angeles CountyCriminal Courts Bar Association. She recently married Tom Snyder, a freelance assistant director in the filmindustry.
RichardC. Fridell '80 recently completeda two-year clerkship with Justice Howard B. Wiener of the California Court of Appeal in San Diego. He is associated with the firm of Dale & Lloyd in La Jolla, which specializes in business and securities law.
Feris M. Greenberger '80 has become associated with thefirm of Greines, Marlin, Stein & Richland in Beverly Hills.
Marc June '80 has resumed law practice with the firm of Birch, Horton,Bittner, Preslinger & Andersonin Anchorage after taking off six months lo hike the Pacific CrestTrail from Mexicoto Canada, a trekof 2,700 miles.
A. Knox Kimberly '80 has begun a two-year leaveof absence from the Phoenix firm of O'Connor, Cavanagh, Anderson,Westover, Killingsworth & Beshears to serve as administrative assistant to Congressman John McCain (R.-Ariz.), in charge of his
offices inArizonaand Washington, D.C.
David Galindo '81 and Alison Graves '82 livein Salida, Colorado (population 5,000, with one traffic light). He works as a public defender. She works part-time, doing civil litigation and criminal appeals, but spends most of her time raising their son, James Andrew Galindo, born April 11,1984.
Julia (Manning) Gibbs '81is associated with Howard, Rice, Nemerovski, Canady, Robertson & Falk in San Francisco. She specializes in bankruptcy law.
Chuck Tremper '81 has received a joint appointment to the !aw and psychology faculties of the University of Nebraska.
Craig M. Fields '82 has become associated with the firm of Jeffer, Mangels & Butler in Century City.
Samuel N. Fischer '82 has become associated with the firm of Ziffren, Brittenham & Cullen in Los Angeles.
John A. Frerichs '82and Geoffrey A. Berkin '83 have formed the partnershipof Frerichs & Berkin in Westwood, emphasizing business, computer,entertainment and family law.
Murray J. Goldenhersh '82 has joined
his father and his brother inthe firm of Goldenhersh & Goldenhersh in Belleville, Illinois.
Barry L. Goldner '82 has become associated withthe firm of Klein, Wegis & Duggan in Bakersfield.
Charles K. Knight '82 has become associated withthe firm of Allen, Matkins, Leck, Gamble & Mallory in LosAngeles,specializing in corporate and securitieslaw.
Jeffrey H. Silberman'82 has become associated withthe firm of Freshman, Mulvaney, Marantz, Comsky, Kahan & Deutsch in San Diego.
Dirk W. van de Bunt '82 has joined Paramount Pictures Corporation as an attorney in the television group, homevideo division.
Tom Agoston '83 recently returned from Asia wherehe spent one year as a Luce Scholar withthe Telecommunications Authority of Singapore and four months with the NEC Corporationin Tokyo.
Ronald M. Ballard'83 is an associate in the firm of Reid & Hellyer of San Bernardino.
James H. Eisenberg '83 has become associated withthe firm of Rodi, Pollock, Pettker, Galbraith & Phillips.
Catherine A. Haymes '83 has joined NBC's television show "Headlines on Trial." She performs legal research and assists in production.
Monique C. Lillard'83 is clerking for Judge Cynthia Holcomb Hall of the Ninth Circuit Court of Appeals, and she plans to returnnext Fall to Gibson, Dunn & Crutcher.
Jose Colon '84is clerking for Judge GilbertoGierboliniof the U. S. District Courtfor the Districtof Puerto Rico.
Lisa S. Hamilton '84 has become associated with the firm of Jeffer, Mangels & Butler in Century City.
Carmen R. Luege '84 has joined O'Melveny & Myers in Los Angeles.
Lawrence S. Markowitz '84 has becomea partner in the firm of Markowitz & Markowitz in York, Pennsylvania.
