Trial Tip: Project Cheer, Control, and Confidence

Although trial attorneys should develop a trial style that fits their own personality, there are three things that every trial attorney should strive for. Continue reading

It’s Time to Review Your Calendaring System

Missed deadlines caused by failure to properly calendar matters are the most significant cause of malpractice claims against attorneys. Without a good docket control system, even the most knowledgeable practitioner may miss a deadline or not have enough time to properly prepare. Is your system up to the task? Continue reading

What to Include in a Fee Agreement for Forming a Corporation

If you represent clients in forming a California corporation, you should have a fee agreement that is specifically tailored for that type of work. Here are the necessary provisions to include. Continue reading

Do You Have Time to Take a Judgment Enforcement Case?

Judgment enforcement actions have two major timing issues: they need to be handled immediately and may take a long time to complete. Before you decide to represent a judgment creditor in an enforcement case, consider whether you really have the time.

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What to Tell Clients About Their Files at the End of the Case

Case files routinely contain documents (and sometimes other property) that clients have provided. The California Rules of Professional Conduct require that an attorney return these items, at a client’s request, when the attorney’s “employment has terminated” (subject to “any protective order or nondisclosure agreement”). Cal Rules of Prof Cond 3–700(D)(1). Here’s sample language that you can use in a letter to a client at the end of the case. Continue reading

How to Keep Contracts Out of Court (Part 2)

The key to keeping contracts out of the courtroom is drafting them well and making sure that they accurately capture the parties’ intent. In Part 1 of this post, we discussed five common contract drafting mistakes and how to avoid them. Here are five more. Continue reading

How to Keep Contracts Out of Court (Part 1)

The only contracts that see the inside of a courtroom are those that are poorly drafted or don’t accurately capture the parties’ intent. Here are five contract drafting mistakes and how to avoid them. Continue reading

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