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Legal Action Fund

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Legal Action Fund and Amicus Brief Program

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 affect 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.  The C.A.R. Trustees 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 requests for funding for significant cases.  Any funding is subject to review and approval of the bills submitted and incurred at C.A.R.'s discretion

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.  The Legal Action Fund does not reimburse fees or costs incurred in making a request. 

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.

Please see the Legal Action Fund Guidelines and Procedures for detailed information.

Send your requests or questions to [email protected] or you may contact June Barlow, Senior Vice President and General Counsel, by phone (213) 739-8277.  

 
Copyright© 2023 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.

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