The Danger of Refreshing Recollection

Sometimes a witness needs documents to refresh his or her recollection. This can lead to a tough choice for attorneys. Continue reading

Are There Consequences to Taking the Fifth in a Workers’ Comp Case?

The following is a guest blog post by Michael W. Sullivan of Michael Sullivan & Associates LLP, an aggressive workers’ compensation defense firm with offices throughout California. Mr. Sullivan is a bar-certified Specialist in Workers’ Compensation Law.

The Fifth Amendment protects a person from answering “official questions in any other proceeding, civil or criminal, formal or informal, where he or she reasonably believes the answers might incriminate him or her in a criminal case.” Spielbauer v County of Santa Clara (2009) 45 C4th 704, 714. This includes workers’ compensation proceedings. But does invoking the Fifth Amendment have any consequences for an injured worker? Continue reading

4 Tips for Writing Better Briefs

Regardless of the subject matter and whether it’s a criminal or civil issue, these four tips will help you draft the strongest brief possible. Continue reading

Why You Shouldn’t Designate Cotrustees

When parents are considering whom to designate as successor trustee to administer their trust upon their death, they often consider making their adult children cotrustees. This may eliminate the parents’ stress of choosing among their children, but it often creates other stress for the children who are designated. It’s generally well-intentioned, but often a bad idea. Continue reading

How to Prepare a Writ Petition for Superior Court

Regardless of whether you go with the noticed motion procedure or the alternative writ procedure, when initiating a writ proceeding in superior court you start with a writ petition. Here’s how you draft one. Continue reading

10 Tips for New Bloggers

Creating a blog to promote your law practice can be cheap in terms of money— you can start a free blog on sites like WordPress—but expensive in terms of your time and effort. Before starting a blog, be sure you have organizational support and time to maintain it. And then review these tips to make it a success. Continue reading

Should You Dissolve an LLC When the Business Is Wrapped Up?

Dissolving a limited liability company (LLC) when the business is done has some clear benefits, but is the liability exposure worth it? Continue reading

How to Control a Deposition Without Being Controlling

The attorney taking the deposition usually controls the proceedings. But the best way to take advantage of this control is to hold onto it loosely. Continue reading

Can a Landlord Limit a Tenant’s Guests?

For landlords, the most important provisions in a lease or rental agreement may be those that limit the number of persons occupying the premises and that require tenants to specify their identities. This prevents a tenant’s guests from turning into tenants. But balancing this potential problem with allowing reasonable guest overnight stays requires a carefully considered lease provision. Continue reading

6 Ways Employers May Inadvertently Engage in Age Discrimination

Employers generally can’t use an applicant’s age as a hiring criterion without violating California’s Fair Employment and Housing Act (see Govt C §12940(a)) and the federal Age Discrimination in Employment Act of 1967 (29 USC §§621–634). Most employers know this and make sure not to ask about the applicant’s age. But they often ask other questions or include language in a job posting that run afoul of the law. Continue reading