A court may sanction attorneys for engaging in meritless actions or tactics with the intent to harass or cause unnecessary delay. CCP §128.5. But what is meritless to one person may be a rational extension of the law to another. Luckily, there’s a safe harbor provision in the statute for that. Continue reading
The requirements for when an attorney may enter into a transaction with a client in which the attorney will acquire a pecuniary interest adverse to the client have been slightly modified by Cal Rules of Prof Cond 1.8.1. Here’s what you need to know. Continue reading
A Luddite attorney is not a competent attorney, at least according to the ethical rules. But how much and what type of technology do you need to understand? Continue reading
You’d think there would be a straightforward answer to this question, but unfortunately there’s no clear rule under California law. Here’s a look at the ways this issue is approached and how to best protect yourself. Continue reading
The following is a guest blog post by Dina Lynch Eisenberg, Esq., who provides consulting services to help overworked lawyers transform their work and life.
The signs of overwork are subtle and insidious. They sneak up on you. Are you feeling tired, unfocused, dissatisfied, doubtful, annoyed, pain? If you answered yes to a few of these signals, you may want to stop and look for ways to refresh yourself with these methods. Continue reading
The following guest blog post is by Jonathan Jordan (“JJ”), an award-winning Personal Trainer, Nutrition Coach, Group Fitness Instructor and Fitness Blogger. He offers his clients personalized fitness programs and nutritional advice to coach them towards healthier, sustainable lifestyles.
Many lawyers know they should be taking better care of themselves but don’t have enough time and aren’t sure where to start. Lawyers struggle with long hours spent in client meetings, in court, at computers, and hunched over mobile devices. This all takes a painful toll on their bodies. Here are some of my most impactful, realistic tips, which have helped hundreds of lawyers make small, manageable changes to improve their health. Continue reading
When handling a dispute, make sure that your fee agreement covers settlement. Here’s some sample language to get you started. Continue reading
Effective November 1, 2018, the State Bar of California has amended California Rules of Professional Conduct 1.15 (former Rule 4-100) to establish new rules on handling flat fees. Under Cal Rules of Prof Cond 1.15(a), all funds received or held by a lawyer or law firm for the benefit of a client must be kept in a trust account. But there are a couple of exceptions. Continue reading
Before we say goodbye to 2018, take a look at some of the most popular posts from the past year. Continue reading
There are many grounds for both mandatory and permissive withdrawal under the California Rules of Professional Conduct. When it’s time to withdraw from representation in a civil case, the attorney should send the client a letter like one of these. Continue reading