What To do When Your Client Disappears—Actually or In Effect
In this new feature, Edward McIntyre, professional responsibility lawyer and co-editor of San Diego Lawyer, examines the ethical considerations when a client disappears.
Monthly Archive: June 2019
Practicing Law in Changing Times
James Crosby, a San Diego civil litigator and trial attorney, moderates a free-flowing conversation covering technology, marketing, diversity and more.
The Ethics of “Speaking Objections”
Most lawyers who have some deposition experience have probably experienced a “speaking objection.” Sometimes these speeches are just annoying; sometimes, they amount to an obstruction of the deposition process.
How to Deal With Self-Represented Litigants in Family Law
Prepare for the substantial portion of self-represented litigants as your practice expands.
Rule 1.15: Not Your Father’s Client Trust Account Rule
By David C. Carr
As of November 1, 2018, California lawyers are subject to a new rule on safekeeping the property of clients and others: Rule 1.15. The new rule differs from the prior rules in effect since 1928 in three significant areas: (1) advanced fees (2) flat fees and (3) holding funds for persons who are not clients.
Steps Toward More Effective Mediation
By Charles H. Dick
Most civil disputes will be resolved before trial,1 and mediation has become one of the most important phases of every lawsuit. Even so, the informality of mediation induces many less-experienced litigators to take a casual attitude toward the process. Too often, lawyers approach mediation as if it were the easiest phase of a lawsuit; this is serious mistake. If pleadings, discovery and motion practice warrant hours of planning, thought and effort, why treat mediation any differently?
Beware Ramboesque Litigation Tactics: The Court of Appeal Sanctions Attorney and Refers Matter to the State Bar
Suppose you have a client who is dedicated to making litigation as difficult as possible for plaintiff through every conceivable procedural device whether proper or not; and who instructs you to not only increase the expense of litigation for plaintiff but also to delay, delay, delay?