Acquiring a Financial Interest Adverse to a Client May Be OK

The requirements for when an attorney may enter into a transaction with a client in which the attorney will acquire a pecuniary interest adverse to the client have been slightly modified by Cal Rules of Prof Cond 1.8.1. Here’s what you need to know. Continue reading

DOL’s Proposal for Exempt Employees Doesn’t Meet CA’s Standard

The following is a guest blog post by Richard J. Simmons of Sheppard Mullin in Los Angeles. He represents employers in various labor and employment matters.

The U.S. Department of Labor (DOL) has proposed a new salary standard for exempt employees under the federal wage and hour law. But it falls below California’s standard. Continue reading

6 Sources to Use When Preparing Voir Dire Questions

As you work on your questions to ask the jurors during voir dire, consider these six sources for ideas. Continue reading

How to Draft a Contract with Severability in Mind

Don’t want the baby thrown out with the bathwater? Use a “severability” or a “partial invalidity” clause to prevent a court from declaring an entire contract invalid or unenforceable just because a single provision in the contract is declared invalid or unenforceable. Continue reading

How Soon Can You Seek a Deposition?

Before you serve a deposition notice, make sure your timing complies with the statutes. Continue reading

How Much Tech Knowledge Do You Need to Meet Your Ethical Duty?

A Luddite attorney is not a competent attorney, at least according to the ethical rules. But how much and what type of technology do you need to understand? Continue reading

4 Negotiating Tips for Tenants’ Attorneys

When defending a tenant facing eviction, you need to create negotiating opportunities for the tenant while proceeding with the unlawful detainer case. This requires developing a bargaining strategy for deciding what, if any, settlement offers or counteroffers to make to the landlord and when to make them. The following tips will help in formulating that strategy. Continue reading

Should You Amend Your Interrogatory Responses?

It’s not required that a party amend interrogatory responses to reflect information the party got after responding, but there are situations in which a party may want to do just that. Continue reading

Don’t Do These 4 Things During Your Closing Argument

The permissible scope of counsel’s closing arguments before a jury is broad, but there are limits. Here are 4 things that tread into improper territory. Continue reading

How Long Do You Have to Keep Client Files?

young lawyer considering whether to use a motion in limine to include evidenceYou’d think there would be a straightforward answer to this question, but unfortunately there’s no clear rule under California law. Here’s a look at the ways this issue is approached and how to best protect yourself. Continue reading