Judge Michael D. Marcus (Ret.) is a top-rated mediator, arbitrator and discovery referee, who is associated exclusively with ADR Services, Inc. Judge Marcus has been a full-time neutral since January 2002. If you are considering mediation, arbitration or discovery reference as a way of resolving a legal problem, please consider Michael Marcus who brings an extraordinarily broad legal background, experience and understanding to these important processes.
Judge Marcus is known for “intelligence, humor.” (Los Angeles Daily Journal, October 25, 2013)
Judge Michael Marcus (Ret.), who received his B.A. from the University of California at Berkeley in 1964 and his J.D. in 1967 from the UCLA School of Law, brings an extraordinarily broad legal background and experience to mediations, arbitrations and discovery reference. Before becoming a full-time neutral in January 2002 with ADR Services, Inc., he was a very successful trial lawyer, a former law firm partner and a judge. He has also taught at law schools, is a legal author and a bar leader.
A CIVILITY PROBLEM CAN IMPACT AN ATTORNEY’S FEES MOTION Karton v. Ari Design (2021) 61 Cal.App.5th 734 holds that a trial court can consider a prevailing party’s incivility in ruling on a motion for attorney’s fees. (Id. at p. 738.) In that matter, Karton, an attorney, and his wife had a dispute with a remodeling contractor over whether the contractor owed them $35,096, as the couple contended, or $13,000, as the contractor claimed. The Kartons…
DON’T RECORD CELL OR CORDLESS COMMUNICATIONS WITHOUT CONSENT Smith v. LoanMe, Inc. (2021) 11 Cal.5th 183, which holds that no party or nonparty can intentionally record a covered telephone communication without consent, impacts all aspects of the legal system, criminal and civil, because recording phone calls occurs in all aspects of life. As an added benefit, LoanMe also provides an in-depth tutorial on how to interpret a statute. The issue in LoanMe was whether Penal Code section 632.7 applies to all parties to a communication transmitted between a cellular or cordless telephone and another telephone, prohibiting those parties from recording the communication without the consent of all participants, or whether that…
SUING CLIENTS FOR FEES PURSUANT TO WRITTEN AGREEMENTS Suing a former client for unpaid fees is an unfortunate but occasionally necessary part of the practice of law. Pech v. Morgan (2021) 61 Cal.App.5th 841 clarifies the standard for such suits when a valid and enforceable fee agreement exists as contrasted when the attorney’s services have been performed pursuant to an oral understanding. Pech observes that the existing legal standard in Bus. and Prof. Code sec. 6148 for collecting unpaid legal fees applies…
Phone: (310) 201-0010
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Judge Michael D. Marcus (Ret.)
ADR Services, Inc.
1900 Avenue of the stars, Suite 250
Los Angeles, California 90067