• The Basics 2017: Estate Planning

  • Categories

  • Archives

  • © The Regents of the University of California, 2010-2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

When Trespasser Becomes Plaintiff

ThinkstockPhotos-122406155The family of a 9-year-old California boy who survived a fall through a school’s skylight reportedly claims the school district should be held liable for his injuries because it was too easy to get on the school’s roof and district leaders knew children climbed up there but didn’t do enough to stop it. Property owners beware: A foreseeable risk can turn a trespassing child into a plaintiff. Continue reading

Make Your Argument, But Don’t Argue with the Judge

ThinkstockPhotos-57277848An an attorney and an officer of the court, you sometimes have competing duties: to represent your clients zealously and to maintain respect for the court. When it comes to a disagreeable court ruling, you’ll need to make your strongest argument while remaining respectful to the judge. The key is to argue without arguing. Continue reading

7 Contract Damages Provisions to Bargain Over

break(great for any design)When you’re negotiating and drafting a contract, your client may be excited and focused on the positives, but you have to keep your eye on the dark side, i.e., the consequences of a breach. Consider bargaining over favorable damages provisions—just in case. Continue reading

Size Up Your Adversary

ThinkstockPhotos-494299501When it comes to litigating a case, your client’s objectives are only half the story. If you want to gain an advantage, you’ll also need to successfully assess your adversary’s goals, capabilities, and willingness to fight. Continue reading

6 Things to Know About Interrogatory Responses

ThinkstockPhotos-158217439So, you’ve been hit with interrogatories. Before you start working on responses, review these 6 points. Continue reading

Divorce Papers Served by Facebook: Cold or Practical?

ThinkstockPhotos-465393314Calling social media “the next frontier in the developing law of the service of process over the internet,” a New York judge has allowed service of divorce papers via Facebook private messaging. This is either a cold invasion of one’s social media space or a practical solution to a service problem. Either way, it’s something few recipients will “Like.” Continue reading

Who’s an Independent Contractor in the New Economy?

ThinkstockPhotos-86492263Updated June 17, 2015: The California Labor Commission has found that a driver for Uber in San Francisco is an employee of the company.

Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading

%d bloggers like this: