SanDiegoBlawg

Yearly Archive: 2025

Legal Ethics

The Client Intake Meeting: Two Recent Decisions Provide Guidance for Avoiding Conflicts and Disqualification

By Katie Parker

A frequent scenario: an attorney meets with a potential client about a matter, but then for any number of reasons they don’t end up forming an attorney-client relationship. Unsurprisingly, that meeting can potentially disqualify the attorney from representing another party to the matter they discussed. Two recent Court of Appeal decisions flesh out the parameters of the duties an attorney owes to a prospective client and provide guidance for lawyers to follow in client intake meetings.   Read More

For New Attorneys / For the Record

The Great California Court Website Conundrum

The Great California Court Website Conundrum

By Stephanie S. Germani, Esq.
Germani Law

Have you ever tried to navigate the websites of California’s superior courts? It’s like stepping into a funhouse where every turn leads to a different layout, and you’re left wondering if you accidentally entered a parallel universe. One court might let you download case files for free, while another—looking at you, Orange County—charges exorbitant fees per page! I mean, who decided that getting access to public records should feel like trying to buy concert tickets? Read More

For New Attorneys / For the Record

The SDCBA’s Exchange on Equity: Anti-Racist Book Club Inspires Dialogue and Action

The SDCBA’s Exchange on Equity: Anti-Racist Book Club Inspires Dialogue and Action

On May 5, the San Diego County Bar Association’s Diversity, Equity, and Inclusion (DEI) Division hosted its latest Exchange on Equity Roundtable: Anti-Racist Book Club, drawing members from across the legal community for an evening of candid conversation, shared learning, and literary inspiration. Held virtually, the event invited participants to recommend and discuss books, films, and television that have shaped their understanding of racism, justice, and the ongoing struggle for equity. Read More

For New Attorneys / For the Record

Message from the Board — May 2025

Message from the Board — May 2025

By Stephanie S. Germani, Esq.
Germani Law

Hello friends,

As I write my first “Message from the Board” as co-editor-in-chief of For The Record, I’m reflecting on the power of journalism and the importance of making your voice heard. My own journey began in my bedroom with a dot-matrix printer, churning out “The Alternative” when my high school newspaper wouldn’t publish stories that mattered to students. That early experience taught me that when something is important, you sometimes have to create your own platform to share it. That lesson — that words can spark change — has stayed with me, guiding my path from my bedroom newsroom, to editing a newspaper with a 50,000 daily circulation, to opening my own law office where I try to balance the rights of landlords and tenants. Read More

Legal Ethics

The Ethical Obligations of a Court-Appointed Guardian ad Litem as Opposed to the Obligations held by a Court-Appointed Attorney

By Khodadad “Ko” Sharif

For all intents and purposes, an attorney appointed by the court to represent a party is in an attorney-client relationship with the party and bound by the rules of professional conduct. On the other hand, an attorney appointed as a Guardian ad Litem (“GAL”) answers to the court, and represents the ward’s best interest, not their wishes. The GAL does not enjoy an attorney-client relationship with the ward and owes no duty of confidentiality except when the GAL is involved in a privileged matter. “A guardian ad litem is not a party to an action, but merely the representative of record of a party.” Estate of Cochems, 110 Cal. App. 2d 27, 29 (1952). The appointment of a GAL can be under Section 372 of the Code of Civil Procedure or Section 1003 of the California Probate Code. When a person, whether a minor or not, lacks the capacity to make decisions, if the court determines that the appointment of a GAL would help represent their best interest, then a GAL is appointed. “[T]he authority of the guardian ad litem in relation to the suit is equal to what would be the authority of the ward if he were an adult.” In re Guardianship of Price, 61 Cal. App. 592, 599 (1923). Additionally, the GAL is protected by the doctrine of quasi-judicial immunity. Read More

Law Practice

Mindful Minute: Compassion Fatigue vs. Burnout

By: Koryn Sheppard

Compassion fatigue—also known as secondary stress reaction, secondhand shock, secondary traumatic stress, or vicarious trauma—refers to the physical, emotional, and psychological toll of helping others experiencing stress or trauma. It often stems from working in high-stress environments. Compassion fatigue fundamentally alters one’s worldview due to repeated exposure to trauma and can result in a blunted or inability to feel compassion.  Read More

Legal Ethics

The Winding Road of Withdrawing from Representation to Paying Emotional Distress Damages

By Valerie Silverman Massey

In the recent case of Kaushansky v. Stonecroft Attorneys, APC, (Cal. Ct. App., Mar. 14, 2025, No. B317069) 2025 WL 814965, reh’g denied (Mar. 27, 2025), the court addressed a crucial aspect of professional conduct by examining the emotional distress suffered by a client due to the conduct of their attorney. Plaintiff, Kaushansky, filed a breach of fiduciary duty action (amongst others) against her former attorney, Stonecroft Attorneys, APC, after the attorney withdrew from representation. Read More

For New Attorneys / For the Record

Volunteer with NLD at the 41st Annual Children’s Book Party 

Volunteer with NLD at the 41st Annual Children’s Book Party 

By Shubhra Sharma, Esq.
Witham Mahoney & Abbott, LLP

As the Co-Chair for NLD’s Community Outreach events, I would like to invite you to participate in the 41st Annual Children’s Book Party, taking place on Saturday, April 26, 2025, between 7:00 a.m.and 10:30 a.m., at the Spreckels Organ Pavilion in Balboa Park. This impactful event, led by Roosevelt Brown, has promoted literacy and community engagement for over four decades. Mr. Brown was recently honored with a medal of recognition for his lifelong dedication to this cause. Read More