RESUMÉ BOYD S. LEMON. Nature of Practice

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1 RESUMÉ BOYD S. LEMON Attorney and member of the California Bar since 1966; member, Bar of the United States Supreme Court, various United States Courts of Appeals, United States District Courts and United States Court of Claims. Nature of Practice Mr. Lemon is currently a sole practitioner practicing in Los Angeles County at 468 Camden Drive, Suite 200, Beverly Hills, California 90210, and in Ventura County at 989 Inspiration Way, Ventura, California Telephone: (805) ; Fax: (805) boydlemon@msn.com. Visit Mr. Lemon's web site at In approximately 40 years of practice Mr. Lemon has emphasized business and real estate litigation and has represented clients in a variety of business and real estate transactional matters. He has also represented clients in family law, personal injury litigation, bankruptcies, workers compensation and probate and trust matters. Currently in his practice he emphasizes legal malpractice, attorney fee disputes, ethics and malicious prosecution cases as an attorney and as an expert witness, involving all types of underlying cases, including business, real estate, personal injury, bankruptcy, probate and family law matters. He has been retained as an expert witness and/or consultant in more than 700 cases involving legal malpractice, attorney fee disputes and malicious prosecution. He also represents attorneys in State Bar proceedings. Mr. Lemon has represented clients in numerous jury and court trials and appeals in state and federal courts, administrative hearings and arbitrations. The substantive areas in which Mr. Lemon has handled litigation matters include real estate transactions, corporate acquisitions and mergers, contracts and commercial transactions of all types, motion picture rights and other entertainment matters, bankruptcy, lender liability, legal and other professional malpractice, attorney discipline, attorney fee disputes, malicious prosecution, family law, probate and trusts, insurance issues, professional matters for physicians, construction, securities, commodities, administrative agency matters, intra-partnership and corporation disputes and dissolutions, banking, anti-trust, unfair competition, wrongful termination, personal injury, workers compensation and professional discipline. Mr. Lemon has also represented clients in various corporate and real estate transactions, including contracts for acquisition of corporate stock and assets, venture 1

2 financing, rights in intellectual property and a wide variety of other contracts, including the purchase and sale of real estate. Previous Practice From 1985 through 1992 Mr. Lemon was a named principal and Managing Partner of Hirschtick, Chenen, Lemon, Cohen & Linden, a 15 person law firm practicing in the fields of business and professional malpractice litigation, general civil litigation, business transactional matters of all types and representation of physicians in business and professional matters. From 1980 to 1985, he was a partner, member of the Executive Committee and Chairman of the Litigation Department of Memel, Jacobs, Pierno & Gersh, a 125 attorney law firm in Los Angeles, California, which handled general civil matters, including business and personal injury litigation. Mr. Lemon handled a wide variety of litigation matters and supervised and managed the practice of twenty to twenty-five attorneys and seven to ten paralegals involved in the firm's business and real estate litigation practice. As a part of those duties he was responsible to the firm for the quality of the practice of the Litigation Department, ethical issues which arose, and the continuing education of its attorneys and paralegals. From 1975 to 1980, sole practitioner in Westwood, California, practicing in the same areas in which he previously and subsequently practiced, but with a greater emphasis on family law, personal injury, and business and real estate transactional matters. From 1966 to 1975, associate, partner and Co-Chairman of the Litigation Department, Nossaman, Waters, Scott, Krueger & Riordan, a 45 person Los Angeles firm. Mr. Lemon s practice emphasized business and other civil litigation and business and real estate transactional matters. Expert and Other Experience For approximately 20 years, expert witness and consultant in legal malpractice, attorney fee dispute, malicious prosecution and ethics cases (plaintiffs and defendants). Mr. Lemon has testified in court and arbitration in over 80 cases, has been retained as an expert in over 700 and testified in deposition in over 250 cases involving a wide variety of legal malpractice and ethics issues, as well as attorney fee disputes. Former member, State Bar Disciplinary Committee. Co-Founder and member of the Executive Committee of the Lawyers Professional Liability Bar Association 2

3 Former Judge Pro Tem, Los Angeles Municipal Court. Arbitrator, California and Los Angeles County Bar Association Attorney Fee Disputes Panels. Arbitrator and Mediator, Los Angeles Superior Court. Arbitrator, Kaiser Permanente. Mediator, Attorney Fee and Malpractice Issues, Los Angeles Superior Court. Mediator, Mediator Network. Listed in America s Leading Lawyers (1993). Named Southern California Superlawyer by Los Angeles Magazine (2004 and 2005) Member, American Bar Association Center for Professional Responsibility. Faculty Member, National Institute of Trial Advocacy (NITA). Former Director of Litigation, Long Beach Legal Aid Foundation. Former lecturer, Legal Malpractice and Ethics, University of California at Riverside. Speaker, Legal Malpractice and Ethics, Consumer Lawyers Association of San Diego Speaker, Legal Malpractice, Los Angeles Trial Lawyers Association Convention. Speaker, How To Avoid Legal Malpractice and Ethics Violations, San Gabriel Valley Bar Association. Panel Member, Battle of the Experts, Lorman Seminar (1999). Former lecturer, California Continuing Education of the Bar. Speaker, National Youth Leadership Forum on Law. Former Lecturer, Los Angeles County Apartment Owners Association. Former Instructor, El Camino Community College, California Law. Former Law Clerk, California Commissioner of Corporations. 3

4 Publications Book: Evaluating a Malpractice Case Against a Lawyer, to be published in 2006 by The Graduate Group, Hartford, Connecticut. Articles: Consumer Attorneys Association of Los Angeles, Advocate, Court of Appeal Addresses Major Legal Malpractice Issues (November, 2001); Association of Southern California Defense Counsel, Verdict, How To Avoid A Fee Dispute With A Client (October 2001); Orange County Lawyer, Ten Reasons Lawyers Get Sued (September 2001); 2002 Expert Witness Update, The Expert Witness in a Legal Malpractice Case (2001); Los Angeles Daily Journal, Verdicts & Settlements, "All in the Family" (November 17, 1999); Los Angeles Daily Journal, Verdicts & Settlements, "Prepare, Prepare, Prepare (Legal Malpractice)" (March 12, 1999); Los Angeles Lawyer, Lawyer vs. Lawyer (March 1999); Association of Southern California Defense Counsel, Verdict, Top Ten Affirmative Defenses in Legal Malpractice Cases (March 1999) Los Angeles Daily Journal, Verdicts & Settlements, "Power Prep (Legal Malpractice)" (November 20, 1998); Consumer Attorneys Association of Los Angeles, Advocate, Obtaining Punitive and Emotional Distress Damages in Legal Malpractice Cases (June 1998); LATLA Syllabus: "How To Use an Expert in a Legal Malpractice Case" (1994); Los Angeles Lawyer, Avoiding Legal Malpractice, p. 13 (February, 1992); Legal Malpractice, an article and tape produced by Institute for Continuing Legal Education; Various California Continuing Education of the Bar publications; Various other publications, details of which will be provided upon request. 4

5 Education Graduated second in class of 1965, University of Southern California School of Law. Order of COIF. Editor, Southern California Law Review. B.A., University of Southern California, 1962, Magna Cum Laude. Political Science Major. National Debate Champion and Champion in Debate, Extemporaneous Speaking and Impromptu Speaking of the Eleven Western States, as a College Undergraduate. Full Tuition Scholarships, University of Southern California, Undergraduate and Law School. Major Cases Representing the largest seller of gold and silver in the world in an administrative matter before a federal agency and through a successful appeal, which if lost would have prevented his client from engaging in a multi-billion dollar per year business. Representing the tender offeror in one of the nation's first contested tender offer cases. Representing one of California's largest banks in construction litigation involving more than $100,000,000 in construction. Representing one of the largest banks in the World in more than 200 cases involving their operations. Representing General Motors and related defendants in cases involving the alleged defective design of the Corvair. Representing a principal defendant in the Equity Funding litigation, involving an alleged fraud on customers and investors of hundreds of millions of dollars. Representing the producer of a classic motion picture in an arbitration involving valuable rights in the picture, as well as related transactions. Representing an investor in a real estate project in which a million dollar fraud judgment was obtained. Representing defendant in $7,000,000 fraudulent transfer action. Representing clients and attorneys in multimillion dollar legal malpractice cases. 5