statute, and other political and election laws. Many of the matters I have handled have ended up being the law of the land via the legislative or judicial process. I am particularly proud that many of my litigation matters have created new law in California and are embodied in the published decisions of the California Supreme Court and Courts of Appeal. What guidance would you give to those seeking to involve themselves in the worlds of politics and elections? First, I would say “Look before you leap.” There are innumerable traps for the unwary, and even with the wide latitude afforded to First Amendment speech, politics is one of the most heavily regulated fields around. Clients who jump into the process without retaining an experienced lawyer, hiring a knowledgeable treasurer, and finding a good political consultant often live to regret it. “You don’t know what you don’t know,” and many of the applicable laws are counterintuitive. For example, a person might not think of himself as a lobbyist, but the definitions and rules are much broader than one might expect, and he can get in trouble for failing to register as a lobbyist and file various disclosure forms. Other traps for the unwary are whether and when one must officially form a political committee by filing the necessary paperwork, opening a bank account, etc. And others don’t realize that advancing or reimbursing payments for political contributions can constitute illegal political “money laundering.” Even more particular are the detailed disclaimers required on campaign communications or the frequent financial disclosures required by those involving themselves in the flow of money in the political process. And avoiding conflicts of interest is important, and sometimes more challenging than one might expect. In these contexts, “an ounce of prevention is worth a pound of cure” is not just a tired cliché; it’s really something to abide by. 28 LAWYER MONTHLY MAY 2024
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