Monthly Archive: August 2018
By Michael McDonald
Representing a client in a trust and estate dispute has a lot of similarities to client representation in a more traditional civil dispute. It also has a lot of differences. When taking on a trust dispute, it is important to recognize both the similarities and differences to achieve ultimate success. Although not an exhaustive list, here are some points for consideration when representing clients in trust and estate disputes. Read More
If you believe your insurance company has acted in “bad faith” it may be helpful to know a few basic things. Here is some information to help you out: Read More
By Jennifer Gilman
On May 10, 2018, the California Supreme Court approved a comprehensive set of New Rules of Professional Conduct (New Rules) for California lawyers, which take effect November 1, 2018. Many attorneys are contemplating what the New Rules will mean for them in their everyday practice. In his article “What New Rules? I Barely Know the Old Ones,” Ed McIntyre discussed some of the key changes and highlighted areas where the practice of litigation will see significant changes. Read More
By Rick Waite
The big changes started about 10 years ago, when I started surfing every day at 6 a.m. instead of getting on the freeway to go to work. Soon I started journaling every day, a practice I started at Harvard my freshman year and engaged in sporadically over the years, usually during times of crisis. Next, I began meditating again. I had learned how to meditate at the Cambridge Transcendental Meditation Center my freshman year and then promptly stopped. A few days after renewing my meditation practice, I quit drinking. Cold turkey. No cravings. No 12-step program. I just stopped. Read More
By Matthew Lab
For most attorneys, the thought of opening a solo practice is exciting, liberating and terrifying at the same time. Since its inception in 2012 as the first attorney incubator on the West Coast, California Western School of Law’s Access to Law Initiative (ALI), has been privileged to provide support, tools and training to empower entrepreneurial and public service-minded attorneys to launch and develop their law practices. ALI encourages its attorneys to include “make-a-difference-law” as a component of their law practices through the provision of pro bono and/or “low bono” legal services to modest means clients. Read More
By Jason Fischbein and Joss Teal
On June 27, 2018, the United States Supreme Court issued perhaps the most significant decision to impact collective bargaining this century in Janus v. American Federation of State, City, and Municipal Employees, Council 31 (AFSCME).1 Read More
By Patrick Kearns
We’re almost there! For regular readers of Ethics in Brief, or for that matter anyone who follows legal ethics in some manner, you’re seeing a lot of articles and information about our new rules of professional conduct. On November 1, 2018, these new rules will go into effect and replace, supplement, and in some instances change our existing rules entirely. Read More
By David Carr
There is probably no bad time to discuss the ethics of extortionate demand letters, but this time may be better than most. These ethics may seem a little paradoxical, much like the crime of extortion itself – how can I be criminally liable for threatening to do something that is perfectly legal for me to do? But a close reading of authority shows that lines can be drawn that an attorney should not cross. Read More
By Alex Kannan
Starting out on our own can be challenging. Building your contacts, referral sources, and eventual client base will take time. As a solo practitioner, you always have to be willing to adapt to any given situation and be willing to re-brand yourself given the changes in the law, in your firm and in your personal life. The SDCBA’s Lawyer Referral Information Service (LRIS) is a wonderful resource for both new and experienced attorneys who are out on their own. LRIS offers a panel where attorneys can apply to receive cases based on their respective areas of law in which they practice. Read More
For various reasons, parents may need to establish paternity of their child. Here is some basic information and key terms to help you out: Read More
