Attorney, Lawrence H. Jacobson received his Bachelor's degree in political science in 1964 from U.C.L.A and his Juris Doctorate in 1967 from the U.C.L.A. School of Law. While at the U.C.L.A. School of Law, Mr. Jacobson was a senior editor of the U.C.L.A. Law Review and graduated as a member of the Order of the Coif.
Mr. Jacobson is the former Vice-President of Legal Affairs for the California Association of Realtors, legal counsel to several Boards of Realtors, California Counsel to an international real estate brokerage firm, and legal counsel to numerous mortgage brokerage firms and related real estate service providers. He is also a Past President of the Beverly Hills Bar Association. He has served as a judge pro tem for the Los Angeles and Beverly Hills Municipal Court Systems as well as having been an adjunct professor of law in the area of real estate secured transactions and administrative law, earning a lifetime Community College Instructor Credential in the area of Law.
Legal Practice - In his 50 years of practice, Mr. Jacobson has counseled and represented both private and publically held clients in the following:
Selection of Business Entities
Formation and Restructure of Corporations
Partnerships and Limited Liability Companies
Purchase and Sale of Business
General Advice on Finance, Employment, Intellectual Property, Taxation, Antitrust, and Securities Laws
Lawrence Jacobson has written and lectured extensively on business, real estate and ethics related matters including having taught for the U.S.C. Broker Development Program and Graduate Realtors Institute of the California Association of Realtors, as well as having lectured for the California Continuing Education of the Bar, and is the recipient of the California Continuing Education of the Bar's 2011 "Spirit of CEB" Award.
The tenancy-in-common (TIC) has survived into modern times as a method of concurrent ownership of real property. In a TIC, each owner is referred to as a tenant-in-common, and each owns a fractional interest of real property under a separate distinct title.1 TIC's are common where the co-owners are not married or have contributed different amounts to the acquisition of a property.2 Insofar as each tenant-in-common owns an undivided interest in the entire property, each is entitled to an undivided interest in the revenues from the property, subject to the rights of the other co-tenants.
A lawyer who is also an expert witness should be mindful that although he or she may not always be wearing his or her "lawyer hat," it is never far away. Although the California Rules of Professional Conduct do not place specific restrictions on practitioners who act as both lawyers and expert witnesses, the rules governing lawyers' conduct generally place constraints on lawyers' activities in other businesses and professions. See California State Bar Ethics Opinion No. 1995-14. Of particular importance are the rules relating to advertising, lawyer-client confidences, competence, fee arbitration, and conflicts of interest.
Although many articles have been written about the use of the expert witness in litigation, almost all are written by lawyers and rarely by an expert witness who is also a lawyer. Having practiced law since 1968 in the area of real estate and business transactions with a real estate broker's license since 1978, I have testified frequently as an expert witness in litigation involving the interpretation of real estate documents, the standard of care of real estate brokers, in legal malpractice actions involving real estate and business transactions and in legal fee disputes. As such, I thought it would be helpful to litigators handling real estate litigation matters to have the perspective of an expert witness on issues affecting the choice, usage and cross-examination of an expert witness in such litigation.
Brian H. Cole is a Certified Specialist in Franchise and Distribution Law (California State Bar of Legal Specialization), with over 30 years of experience, including as in-house attorney for one of the world's largest franchisors (Pizza Hut). The focus of his practice is on corporate and transactional work, primarily for companies and individuals involved in franchise and distribution matters (franchisors, franchisees, manufacturers, and distributors).
Consulting Services For Franchisors:
Draft franchise agreements and related documents (including confidentiality agreements, personal guarantees, and other ancillary documents)
Prepare Franchise Disclosure Documents; register or file exemptions in all states where needed
Represent franchisors in acquisitions or divestitures of either individual units or entire systems
Advise with respect to termination and non-renewal issues.
Due Diligence Services for Acquisitions:
Review compliance by franchisors with applicable franchise laws.
Advise franchisees on viability of franchised business.
Consulting Services For Franchisees:
Review Franchise Disclosure Documents and advise prospective franchisees on the franchise under consideration
Represent franchisees selling their units or buying existing units
Advise franchisees who have been harmed by franchisor practices contrary to provisions of applicable franchise laws
Areas of Expertise:
Drafting / Registering Franchise Agreement
Buying / Selling Individual Franchised Locations and Franchise Chains