Posted on February 28, 2014 by Julie Brook, Esq.
Posted on February 26, 2014 by Julie Brook, Esq.
Litigators learn early that you can’t use leading questions during direct examination. But that’s not always true. You can ask leading questions on direct or redirect examination in certain “special circumstances where the interests of justice otherwise require.” But what circumstances are those? Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: attorneys, direct examination, leading questions, questioning, trial, witness | 4 Comments »
Posted on February 24, 2014 by Bonnie Maly, Esq.
Foreclosures are declining in number, but they’re still occurring at above-normal rates. Whether you’re new to foreclosure practice or have been in it for years, these tips will help you meet the challenges of newly adopted and heavily revised statutes and regulations governing mortgage foreclosure in California. Continue reading
Filed under: Legal Topics, New Legal Developments, Real Property Law | Tagged: borrower default, deed of trust, foreclosure, foreclosure litigation, Homeowner Bill of Rights, mortgages, trustee sale | 2 Comments »
Posted on February 21, 2014 by Julie Brook, Esq.
Thought law practice was all about the law? Think again. Your practice is like any other business—you need to offer excellent customer service to be a success. Here are some tips to help you master the art of customer service. Continue reading
Filed under: Practice of Law, Starting a Law Practice, Young Lawyers | Tagged: attorney-client communication, attorneys, client communication, customer service, law practice | 3 Comments »
Posted on February 19, 2014 by Julie Brook, Esq.
Your client may have the responsibility to preserve electronic evidence, but how to you make sure everyone who has your client’s data gets that message? Send a “legal hold” or data preservation letter to all potential custodians of your client’s relevant data. Continue reading
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics | Tagged: data custodian, data destruction, discovery, electronic data, electronic evidence, evidence, legal hold letter, preservation of evidence | 1 Comment »
Posted on February 14, 2014 by Julie Brook, Esq.
With love in the air on this Valentine’s Day, here’s a friendly reminder to keep it under check in the workplace. Preferring a lover over others at work may be a natural inclination, but it can lead to a sexual harassment claim. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employees, employers, employment discrimination, harassment, quid pro quo, sexual harassment, workplace, workplace harassment | 3 Comments »
Posted on February 12, 2014 by Robert Denham, Esq
What do Bela Lugosi, Fred Astaire, and now Bing Crosby have in common? Astaire and Crosby appeared together in the film Holiday Inn, but all three have shaped the law on a deceased personality’s right of publicity. Continue reading
Filed under: Business Law, Estate Planning, Legal Topics | Tagged: Bela Lugosi, Bing Crosby, Fred Astaire, posthumous right of publicity, right of publicity | Leave a comment »
Posted on February 10, 2014 by Julie Brook, Esq.
Some propositions of law or fact just can’t reasonably be disputed. That’s where judicial notice comes in, and here’s how it works in California. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: court, discretionary judicial notice, evidence, judge, judicial notice, mandatory judicial notice, noticed motion, trial | Leave a comment »
Posted on February 7, 2014 by cebca
Updated 4/24/14: On April 22, 2014, the California Assembly Judiciary Committee approved AB 2365, put forward by Assemblyman John A. Perez (D-Los Angeles), which would make non-disparagement clauses in contracts for sale or lease of consumer goods or services unlawful unless the clause is knowingly, voluntarily, and intelligently waived by the consumer. Perez authored the bill after learning about the KlearGear case. The bill is next set to be heard in the Assembly Appropriations Committee.
The following is a guest blog post by Harmony Groves Kessler, a solo practitioner assisting individuals, small businesses, and attorneys with legal issues in business contracts/transactions public agency law and family law in northern California. She is the former Mayor of Arcata, California, where she served a four-year term on the City Council.
In today’s world, especially with sources like Yelp, it’s simple to find online reviews of most any company. We often rely on posted comments to get a sense of a business and feel justified to warn other customers when we’ve had a bad experience. Companies are increasing their efforts to monitor their online reputation and keep critical reviews from driving business away. But is punishing a customer for a bad review with a large fine going too far? Continue reading
Posted on February 5, 2014 by Julie Brook, Esq.
Every estate plan should consider potential incapacity. In California, one of the primary vehicles used to plan for an individual’s incapacity is a durable power of attorney for financial management (DPOA) (the other is an advance health care directive for health care decisions, see Being Prepared Is Ageless: Everyone Should Have an Advanced Health Care Directive). Let’s look at the pros and cons of using a DPOA.
Filed under: Elder Law, Estate Planning, Legal Topics | Tagged: capacity, DPOA, Durable Power of Attorney, estate plan, incapacity, legal capacity | 5 Comments »