Legal Action Fund 2008 Program

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Legal Action Fund and Amicus Brief Program for 2008


Member Legal Services
Tel  213.739.8282
Fax  213.480.7724
March 3, 2008


Copyright© 2008 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). Permission is granted to C.A.R. members only to reprint and use this material for non-commercial purposes provided credit is given to the C.A.R. Legal Department. Other reproduction or use is strictly prohibited without the express written permission of the C.A.R. Legal Department. All rights reserved.

The Legal Action Fund is a program funded by dues dollars that advocates the REALTOR® point of view, promotes preventative law programs and assists in cases of importance to the real estate industry.  The amicus brief program is one function of the Fund in which Trustees identify cases that have statewide impact and most directly affecting the business activities of REALTORS®.  For examples of cases that C.A.R. has recently been involved in, click here.

GENERAL GUIDELINES

Most requests are for an amicus brief for a case on appeal.  C.A.R. rarely support requests for cases still at the trial level or at arbitration due to the lack of statewide impact.  The Legal Action Fund Trustees will also consider a request for funding for significant cases.

The Fund is intended for legal costs and fees of the party supported and may not in any case be used to pay judgments for damages or fines, or to pay any settlement amount, whether before or after trial, or to pay any costs or fees of opposing counsel or any other party.

All request for monetary or amicus support from the Fund must be made in writing and signed by the requesting party or his/her counsel.

When deciding if a case merits financial assistance for legal expenses and/or filing an amicus curiae brief, the Legal Action Fund Trustees evaluate all cases based on the following criteria:

The case represents a statewide issue that affects organized real estate or private property rights.  Particular emphasis is placed on cases that affect real estate brokerage practices.

The case is at the appellate court level, not the trial court level.

The likelihood of success and overall impact of the case.

The case would enhance the professional stature of C.A.R.'s members and C.A.R.

The facts of the case provide the best avenue to appeal the particular issue.

The position is consistent with C.A.R.'s policies as adopted by its Board of Directors.

An evaluation of the efforts already made by the parties to provide their own support and obtain support from affiliated and interested associations.

For more detailed information about the Legal Action Fund Guidelines and Procedure: click here.

For any additional questions contact June Barlow, Vice President and General Counsel, by phone 213.739.8277, fax 213.739.8262 or e-mail juneb@car.org or Neil Kalin, Assistant General Counsel, by phone 213.739.8341, fax 213.739.8262 or email neilk@car.org.

Mail your requests to the attention of June Barlow, Vice President and General Counsel, California Association of REALTORS ®, 525 S. Virgil Avenue, Los Angeles, CA 90020.