Posted on July 2, 2014 by Julie Brook, Esq.
One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying “No.” Continue reading →
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Filed under: Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: attorney-client relationship, attorneys, business litigation, filing a lawsuit, litigation, new representation, personal injury, plaintiff's attorney | 4 Comments »
Posted on May 16, 2014 by Julie Brook, Esq.
You don’t have a legal duty to accept a civil matter. You can just say, “thanks, but no thanks.” But if you do decide to take on a civil case, you’ve got an obligation under California law to “maintain such actions, proceedings, or defenses only as appear to be legal or just….” Bus & P C §6068(c). Go astray on that obligation and risk actions for malicious prosecution or abuse of process—and potentially be held jointly liable with your client! Continue reading →
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Filed under: Civil Litigation, Legal Topics, Tort Law | Tagged: abuse of process, California Rules of Professional Conduct, filing a lawsuit, frivolous lawsuit, litigation, malicious prosecution, probable cause | 4 Comments »