Posted on February 22, 2017 by Khanh Tran
As a graduation present, your client purchases her son a home. Although the plan was for the son to live there alone, the client and her son take title as joint tenants. Years later, your client remarries and asks you to convey her interest in the house to her new husband’s children on her death. What do you do? Whatever instrument you choose, be sure to sever the joint tenancy! Continue reading
Filed under: Real Property Law, Real Property Transactions | Tagged: Estate Planning, joint tenancy, joint tenants, real property, wills and trusts | Leave a comment »
Posted on February 17, 2017 by Julie Brook, Esq.
Heading to trial? Start your planning by preparing a trial outline. Here are the key things to include and a sample outline to give you an idea how it looks. Continue reading
Filed under: Civil Litigation, Criminal Law, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: elements of causes of action, evidence, legal issues, pre-trial preparation, preparing for trial | Leave a comment »
Posted on February 15, 2017 by CEB
The following is a guest blog post by Allison B. Margolin, a partner at Margolin and Lawrence in Los Angeles. Ms. Margolin practices criminal defense and civil litigation in both state and federal court.
California’s new law legalizing recreational marijuana has attracted people from all walks of life to the industry. In turn, this will bring new clients to attorneys. But before you represent clients in marijuana-related businesses, consider these tips. Continue reading
Filed under: Business Law, Criminal Law, Legal Topics, New Legal Developments, Practice of Law | Tagged: attorney-client relationship, business licensing, cannabis, legalization, marijuana, regulation | 3 Comments »
Posted on February 10, 2017 by Julie Brook, Esq.
When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading
Filed under: Civil Litigation, Employment Law, Legal Topics, Litigation Strategy, Settlement Negotiation | Tagged: employees, employers, employment actions, employment discrimination, employment litigation, negotiation, non-monetary settlement terms, settlement, wrongful termination | 1 Comment »
Posted on February 8, 2017 by Julie Brook, Esq.
Your objective is to determine how and when to present each witness, exhibit, and other item of evidence most persuasively during trial. The key to meeting this objective is breaking it down into these four steps. Continue reading
Filed under: Civil Litigation, Evidence, Legal Topics, Trial Strategy | Tagged: evidence, exhibits, Jury trial, trial, witnesses | Leave a comment »
Posted on February 6, 2017 by Julie Brook, Esq.
It’s like magic: California’s CC §1717 transforms a unilateral attorney fee provision in a contract into a reciprocal one! When the contract provides for attorney fees to either a particular party or the prevailing party, the prevailing party “on the contract” is entitled to recover reasonable attorney fees regardless of whether that party was the party specified in the contract. But taking advantage of this statute depends on meeting the following five requirements. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics | Tagged: attorney fee award, attorneys fees, Civil Code 1717, contract provision, contractual attorney fees, reciprocal attorney fees | Leave a comment »
Posted on February 3, 2017 by Khanh Tran
With the large dollar amounts, aggressive parties, and difficult time constraints involved, office leases are some of the toughest contracts to negotiate. Chances for a successful negotiation are best if the attorneys maintain consistent, well-reasoned positions that readily balance their clients’ goals and the need for compromise. On the other hand, a successful agreement is unlikely if the attorneys adopt stubborn or disingenuous stances.
Here are four deal-breaking positions to avoid when negotiating an office lease:
Filed under: Real Property Law | Tagged: commercial lease, landlords, negotiation, office lease, tenants | Leave a comment »