By Andrew Servias
In a lawsuit against a School District involving a sexual assault, a video potentially relevant to the litigation was not preserved by the defendant. As a result, the plaintiff sought terminating sanctions. The trial court granted evidentiary, issue, and monetary sanctions, but refused terminating sanctions relying on an exception in Code of Civil Procedure section 2023.030 (f)(1) which provides that:
Ethical Issues “On the Side” Employment Raises
Abusive litigation tactics do little for the client or the lawyer. Rather, such behavior is the hallmark of a second-rate attorney. Under both the state and federal judicial systems, a newly-minted lawyer is required to maintain the respect due to the courts of justice and judicial officers.[1]
A firm believer in the saying “everything happens for a reason,” Katharine Tremblay recently joined the California Department of Justice as a Deputy Attorney General in the Employment and Administrative Mandate section of the Attorney General’s Office. Prior to heeding the call to public service, Tremblay enjoyed a successful and over decade-long career in private practice, where she focused mainly on employment, business, and contract law.
Happy New Year, NLD Members!
Let me start by introducing myself. My name is Elijah Gaglio, and I am going into my fifth year as an attorney. I have been involved with the New Lawyer Division (NLD) since 2021 and am happy to continue to serve as the NLD Chair. I also want to acknowledge the amazing work of NLD’s previous Chair, Stephanie Pengilley, and our former Members-at-Large, Hannah Theophil and Heather Daiza. Thanks to them, NLD was able to host great events and grow its membership last year.
By Charles Berwanger
The all-important Rules of Professional Conduct are intended to guide our lives as attorneys, and in some instances our personal lives, and with this new year it behooves all of us to re-familiarize ourselves with the Rules. The purposes of the Rules are to “protect the public, the courts, and the legal profession, protect the integrity of the legal system; and promote the administration of justice and confidence in the legal profession.” Rule 1.10. It continues that “the Rules of Professional Conduct are intended to establish the standards for lawyers for purposes of discipline….Therefore, failure to comply with an obligation or prohibition imposed by Rule is a basis for invoking the disciplinary process.”
By Tatiana Kline
“When are you going to have children?” It seems like an innocent question. But for many, the thought of answering the question drums up anxiety, stress, insecurities, and maybe even grief.