Caution! Sever a Joint Tenancy Before Conveying the Interest to a Third Party

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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

Negotiating an Office Lease? Avoid These 4 Deal-Breaking Positions

With the large dollar amounts, aggressive parties, and difficult time constraints involved, thinkstockphotos-507721014office 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:

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New Year, News Laws for Real Property Lawyers

thinkstockphotos-498422290The California legislature has enacted several new laws that may affect your real property law practice. Here’s an overview of some of the key statutory changes you need to know about. Continue reading

How to Compute 3-Day Notice Period for Eviction

140044171Landlords can’t bring an action for unlawful detainer based on nonpayment of rent until the 3 days required to pay rent or quit have expired. Computing that 3 days can be tricky—and the whole case hinges on it. Continue reading

Getting a Gun Violence Restraining Order

According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of ThinkstockPhotos-506101244firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.

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Should Your Client Consider E-Commerce or Cyber Liability Insurance?

Given the increasingly digital landscape ThinkstockPhotos-473158926
of today’s economy, the most valuable asset for many businesses is their computer data. According to a 2015 study, the average cost of a data breach for small businesses is about $38,000 in hard costs and can total upwards of $55,000. Yet many businesses opt only for traditional property insurance policies. This could be a big problem for your client’s small business.

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Avoid the Overly Emotional Property Dispute Client

170446161A special problem for counsel consulting on neighboring property disputes, particularly those dealing with easements and boundaries, is the intense emotional involvement most clients have in their property. Know the warnings signs of a client whose emotions are going to be a problem, and either don’t take the case or get out fast. Continue reading

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