If you want to put later buyers on notice of a legal claim involving real property, you can record a lis pendens (also known as a notice of pendency of action) with the recorder in each county where the property is located. CCP §§405-405.61. Recording a lis pendens, however, isn’t without its own set of risks. Continue reading
Regardless of the type of interest, it’s absolutely crucial to record your client’s newly acquired real property interest. By recording the transfer, grantees, buyers, and lenders are protected against both future purchasers for value and unknown prior interests in the same property. Additionally, title insurance companies generally will only insure an interest if it’s recorded. These benefits may not attach, however, if the recordation—or the recorded instrument itself—was defective. Continue reading
Cheating on a spouse can be expensive. And it’s common for a spouse involved in marital infidelity to use community property financial resources to fund the affair. Can the cuckolded spouse get paid back on divorce? Continue reading
The following is a guest blog post by Garrick Byers, known as the Statute Decoder because of his facility in interpreting statutes and rules. He is the chairperson of the California Public Defenders Association’s (CPDA’s) Ethics Committee, and is a former CPDA president. He is a criminal law specialist and a frequent speaker and writer on criminal law topics, including ethics. He was a public defender for 33 years and is currently in private practice, handling criminal law appeals, writs, motions, and case consultations.
The new California Rules of Professional Conduct, effective November 1, 2018, use the format and much of the substance of the ABA Model Rules. Here are three of the most important changes for prosecution and defense counsel. Continue reading
The following is a guest blog post by Merri A. Baldwin. Merri is a shareholder at Rogers Joseph O’Donnell P.C., where her practice focuses on attorney liability and conduct, including malpractice, State Bar discipline, ethics advice, motions to disqualify and sanctions defense. She is the former Chair of the California State Bar Committee on Professional Responsibility and Conduct. She teaches professional responsibility at Berkeley Law, and is a certified specialist in Legal Malpractice Law.
In May, after several rounds and many years of drafting, editing, and consideration, the California Supreme Court approved comprehensive changes to the Rules of Professional Conduct governing lawyers in California to take effect on November 1, 2018. These significant changes bring California rules more in line with the rest of the country. Here are some highlights of the new rules. Continue reading
Whether starting a business or transforming one, it’s important to have a written business plan. A business plan should start with an executive summary that briefly describes the business’s products or services, its market and competition, and its management. The executive summary can make or break a business’s pursuit of investors. Continue reading
- Deadlines for Motions to Compel
- Who May Attend a Deposition?
- Have You Looked at Your Email Disclaimer Lately?
- 13 Routinely Helpful Cross-Examination Questions
- 4 Tips for Defining Contract Terms
Wishing you and your loved ones a very happy and healthy new year from all of us at CEB. See you in 2018!
© The Regents of the University of California, 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.
The following is a guest blog post by Perry L. Segal, an attorney and management consultant at Charon Law, Redwood City. Mr. Segal has over 25 years of combined experience in law and technology. He is co-chair of the California Council of State Bar Sections, special advisor and past-chair of the Law Practice Management and Technology Section Executive Committee, and a member of the bar’s Social Media Task Force.
Few technologies create more puzzlement and worry for attorneys than “the cloud.” Attorneys, quite reasonably, want to know how they can stay on the right side of their ethical obligations when it comes to using it. As always, attorneys need to practice in accordance with the standard of reasonable care and effort. But there’s a caveat: Attorneys will be charged with the standard of an attorney who is competent in the understanding and use of technology. What does this actually mean? And as a practical matter, what can an attorney do? Continue reading
As any seasoned estate planner knows, it’s crucial to learn of all your client’s assets before developing a comprehensive plan. This is particularly important when it comes to out-of-state real property, which may be subject to that state’s potential inheritance or estate tax if left unaccounted. Add the costs and headaches of an ancillary probate, and your client’s loved ones will be left wishing for a better way. Lucky for you (and them), there is! Continue reading
We hope you find something useful and interesting in each of the 5 most popular posts from 2016:
- How to Authenticate a Social Media Post
- Review This Before Drafting a Contract
- How to Be a Happier Lawyer
- 11 Steps to Introducing Exhibits at Trial
- 5 Writing Tips for Every Contract You Draft
Here’s to a happy and healthy New Year from all of us at CEB!
© The Regents of the University of California, 2016. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.