The State Bar of California Standing Committee on Professional Responsibility (COPRAC) recently published Formal Opinion 2021-207, addressing the ethical obligations of a lawyer who has a client with diminished decision-making capacity. Representing clients with diminished capacity involves unique challenges, including…
For Working Parents, Balance IS Possible!
As the debate over paid family leave swirls around as a “hot topic” debate in our country, this seemed like the most appropriate time to share my personal experience with being a working professional, a new mom, and trying to…
ABA Offers Tips for Effective Client-Lawyer Communications
On October 6, 2021, the American Bar Association issued Formal Opinion 500 addressing language access in the client-lawyer relationship. The Opinion notes: “Communication between a lawyer and a client is necessary for the client to participate effectively in the representation…
Sitting Where You Are Not Licensed
In California and most other jurisdictions, lawyers are allowed to temporarily sit and work in a jurisdiction where they are not licensed pursuant to certain restrictions. See California Rules of Court (CRC) Rule 9.40-9.49.1. However, if a lawyer overstays this…
She Gets Twice the Reward for ‘Homophobic’ Bro’s El Sobrante Betrayal
It seemed like a loving family. Lucille Keading’s 2015 obituary described her 65-year marriage as “the romance of a lifetime.” A few months later, her husband Lewis’ mournful obit appeared. It called him an “understanding father.” That masked the battle…
Couple’s Final Wishes Surprise Entire Town
It certainly pays to be nice to your neighbors. For more than 40 years, Renate and Alfred Wedel lived quietly in a large house with extensive grounds in Waldsoms, Germany, a leafy village north of Frankfurt. Alfred, a self-employed stockbroker,…
What is a Legal Paraprofessional – and How Will it Help Close the Justice Gap?
The California State Bar currently has before it a proposal to license legal paraprofessionals (paralegals, legal document assistants, and unlicensed J.D and L.L. M. holders) to provide legal advice and, in limited instances, represent parties in court. This proposal should…
Lawyer Mobility: Duties to Clients When a Lawyer Leaves a Law Firm
A lawyer’s departure from a law firm can be disruptive to client relationships and representations. Generally, the client in ongoing matters must be given the choice between staying with the firm, going with the departing lawyer who handled the matter,…
Unpublished Opinions in California State Courts: The Devalued Appellate Decisions
The California Supreme Court has the authority to determine which appellate opinions are published as it “deems appropriate” and “may deem expedient.” Cal. Const., art. VI, §14; Cal. Govt. Code §68902. The Supreme Court’s constitutional and legislative authority is…
The Meet & Confer Letter – Setting Your Attorney Up For Success
You’ve received discovery responses from opposing counsel, so what’s your next step? Since you’re a paralegal extraordinaire, you know that you’ll only have 45 days to file and serve your motion to compel. It’s time to get cracking. If you…
GPOA Powerholder Acts in Nonfiduciary Capacity
The grieving Harry Berkowitz could hardly have imagined what would follow when he had three hats to wear under the law after his wife died in 2011. Her death triggered the creation of a marital trust that contained a General…
Trustee May Self-Represent to Determine Settlor Intent
It takes a particular type of family dysfunction for brothers and sisters to take their fight to courtroom after courtroom after courtroom for 12 years. Meet the Donkin clan. Back before everybody squared off before their first judge, parents Rodney…