Cohabitating Couples Need Clear Agreements

ThinkstockPhotos-487966393Millennials appear to be less likely to marry and more likely to live together. As the Huffington Post explains, “[c]ouples are now more apt to consider cohabitation as their next stage in their relationships before they begin to consider marriage.” Attorneys who are used to preparing prenups and postnups for their marrying clients may need to prepare more cohabitation or “living together” agreements—the next big thing may be nonups! Continue reading

6 Ways to Multitask More Effectively

ThinkstockPhotos-148349636Many lawyers believe that their productivity gets a boost when they multitask. Sadly, it may be just the opposite. But because multitasking isn’t going away anytime soon, lawyers can learn ways to break bad habits and multitask more effectively. Continue reading

The Pros and Cons of Requiring Workplace Arbitration

175660493The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.

Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading

Lessons from Trump’s Depo: Come Prepared!

In his 2007 deposition in his suit against a reporter, Donald Trump encountered very prepared attorneys. As the Washington Post describes, they “confronted the mogul with his past statements—and with his company’s internal documents, which often showed those statements had been incorrect or invented.” Regardless of your politics or personal feelings, Trump’s deposition presents an excellent example of how to effectively cross-examine an adverse witness in a deposition. Continue reading

Put a Stop to Your Client’s Illegal Recording Activity

Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, dictophoneself-appointed vigilantes should think twice before recording a private conversation: it’s against the law. Here’s what to tell your sleuthing client about California’s privacy laws.
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What to Tell Your Client When Litigation Is Over

ThinkstockPhotos-474217181When litigation is over and you’ve completed the representation, here’s what you need to tell your client. Continue reading

No-Contest Clauses May Not Be the Deterrent You Think

ThinkstockPhotos-148073606State law changes enacted in 2010 have restricted the enforceability of no-contest clauses. Under Prob C §§21310–21311, a typical no-contest clause providing that an unsuccessful contestant gets nothing from an estate or trust is enforceable only against a “direct contest” brought without probable cause on specified grounds. And even if it is enforceable, a no-contest clause may not be an effective deterrent if the beneficiary thinks the amount at stake is outweighed by the benefit of a successful contest. Continue reading

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