Resisting the urge to pack your sentences with numerous thoughts and details will make your writing easier to understand and thus, more effective. Use of sprawling, convoluted sentences—in legal memoranda, briefs to the court, judicial opinions, statutes, and transactional documents—is…
Post Category: Resources
A Case Management Platform For The Pandemic Era
While many discuss the coronavirus pandemic as a force that has dramatically reshaped workplaces in 2020, few note the extent to which it has revolutionized how lawyers interact with their colleagues and clients — and the new expectations clients now…
Risk Management: Terminating Attorney-Client Relationships
During the first quarter of the new year, this column identifies strategies to minimize the risk of claims in 2021. The first strategy is to effectively terminate a representation once it concludes. In California, the statute of limitations for a…
Conclude Forcefully
In the final section of your brief, don’t forget to remind the court why your side should win. All too often, having run out of time, space, and energy, you finally get to the end of the brief you’ve been…
Working From Home During the Pandemic: Top Tips and Considerations from a Solo and Small Firm Attorney
In March 2020, Governor Gavin Newsom announced a statewide shelter-in-place order in California. On March 25, 2020, I, alongside Diane Camacho of DLS Consulting Services and Brittny Bottorff of the Law Office of Brittny Bottorff, presented a panel entitled “Change…
When to Stay Away From Him, Her, and Them
In legal and other formal writing, when you don’t know the gender identity of a specific human individual and are not in a position to inquire, it’s best to avoid using any of the singular personal pronouns to refer to…
Risk Management: Collateral Estoppel and Malicious Prosecution
In Alston v. Dawe, 20 Cal. Daily Op. Serv. 7561, a Court of Appeal held dismissal of an underlying action on collateral estoppel grounds may qualify as a favorable termination in a subsequent malicious prosecution claim. To prevail on a…
Embracing the Versatility of They
Success at persuasive writing depends in no small part on establishing credibility with the reader. With that in mind, it is wise to avoid outmoded, archaic phrases and terms—especially those that smack of gender bias and exclusivity. But trying to…
The Importance of Timely Recording Your Time
Attorneys have different reasons for keeping time. Some plaintiff attorneys prudently record time to support a fee award, or to ensure they are paid if they are terminated during litigation. Defense attorneys typically bill by the hour and time records…
Increase Your Referral Network through Lawyer Referral and Information Service Membership
For over 70 years, the Bar Association of San Francisco’s Lawyer Referral and Information Service (LRIS) has provided high-quality service to the public, and there is no better time to become a member of the long-running, award-winning San Francisco-Marin Lawyer…
Increase Your Referral Network through Lawyer Referral and Information Service Membership
In its 70-plus year history, The Bar Association of San Francisco’s Lawyer Referral and Information Service (LRIS) has provided attorneys with opportunities to educate the public about its rights, represent clients in need of legal assistance, and grow professionally. As…
Avoiding Unintentional Relationships When Representing Corporate Entities
An attorney who represents companies, particularly small companies, must take care not to unintentionally create an attorney-client relationship with individual shareholders or partners. The consequences of creating a relationship can be serious if the attorney unknowingly assumes a competing fiduciary…