Rule 5.1 and the Solo Lawyer
By David C. Carr Part of California’s new revised Rules of Professional Conduct is entirely new Rule 5.1(a) that addresses the responsibilities of a managing lawyer in a law firm. It provides, A lawyer...
Monthly Archive: March 2019
Why Mediation?
By Lawrence A. Huerta One of the most difficult jobs of an advocate is making a strong opening offer that generates a reasonable counter-offer. There are no standard formulas, so how is a strong...
Take Note — Courts Have Dictionaries
The case in question serves as a graphic reminder that ad hominem attacks on judicial officers, even seemingly clever ones, not only fail, but carry professional responsibility jeopardy
How to Make a Strong-And Realistic-Opening Offer in Negotiation
Gregg F. Relyea Opening a Negotiation A case must be strategically positioned before meaningful negotiation can take place. An invitation to negotiate can be perceived as premature if there are significant gaps in information about...
Modes of Contract Review
By William Marshall Transactional attorneys refer simply to “reviewing” a contract. However, I have identified different modes of review and found that thinking about them can be helpful in improving my review practices. The...
Take Note — Courts Have Dictionaries
By Edward McIntyre Benjamin Pavone represented his client in an employment-related lawsuit. The trial court denied class-action certification—a decision the court of appeal affirmed. The jury trial was successful, but perhaps a pyrrhic victory—$1,080 in...
Moving Beyond Burnout
By Marta Manus Life has a funny way of giving us exactly what we need practice in. Nearly nine years into my career as a class action attorney, I burned out big time. Years...
2019 Law + Technology Summit – the eDiscovery Recap
By Sheila A. Grela and June Hunter For the second year, SDCBA Law + Technology Summit has provided stellar speakers addressing a wide-range of legal technologies. The summit provided details regarding necessary tools, skills...
When is Presenting False Testimony Permitted Under the Ethics Rules?
You are a young prosecutor preparing for your first domestic violence trial. Fortunately it’s “only” a misdemeanor charge—domestic battery—Penal Code § 243 (c)(1) …
“Adulting” for Lawyers
By Christine Pangan You’ve likely seen the hashtag, finding it funny, obnoxious, or even used it yourself. A quick survey of social media friends shows that #adulting or #adultingsohard has a range of definitions...