Following the British tradition, Hong Kong’s lawyers are divided between solicitors, who work directly with clients, and barristers, who represent those clients in court and wear wigs and robes while doing so. The former are typically considered to be of a lower stature, but solicitors have long been expanding their professional reach into areas traditionally…
Category: Starting Your Own Firm
Think Before You Demand — Miguel Mendoza v. Reed K. Hamzeh
If the threat of getting in trouble with the State Bar is not enough, maybe the threat of both civil and criminal actions will get attorneys to toe the line. You know that it is an ethical violation for an attorney to threaten criminal action as a means to extract a civil settlement. For…
Something to Consider When Advising Your Clients About Litigation or Appeal
Too many attorneys defend cases that have no defense. Over the years I have been sorely disappointed to learn that many attorneys don’t see a problem with that, and have no clue that it is not permitted. In California, for example, the Rules of Professional Conduct prohibit accepting employment by a client if the objective…
Sleazy Attorney Technique No. 3: “Discovery? What discovery?”
I have a brilliant method to beat this sleazy attorney technique, if I do say so myself, and I have not seen one other attorney who uses this reminder approach. First, here is how it all comes about. I serve discovery, wait 40 days for the responses, nothing comes, I write a letter to opposing…
Attorney App of the Week – Sign-N-Send
Litigation can move fast. Under normal circumstances, there should be sufficient time for clients to review and execute declarations and verifications, but what about an ex parte hearing noticed for tomorrow? By the time you draft the opposition, there might only be hours for you to obtain a signature from the client on a supporting…
Attorney App of the Week — Fastcase
Somewhere along the way I downloaded the free Fastcase app, and then never did anything with it. I already pay for a subscription to Westlaw, and its database is far more comprehensive, especially with the number of practice guides I use, so why use Fastcase? You may have gone through the same thought process. After…
Court of Appeal Agrees that Penal Code Section 496(c) Allows Recovery of Treble Damages and Attorney Fees for Failure to Repay a Loan if Money Gained Through False Pretense.
Sorry, this tip probably won’t be of any help unless you practice in California (although many states follow California, so you may have something similar — look at how many states now have an anti-SLAPP statute). But if you do work in the Golden State, this ruling could be very useful in your practice. As…
Look at Your Potential Client’s Email Address Before You Respond
It was one of those “oh my God” moments where I realized I had just dodged a bullet. It involved a client’s email. A potential client had sent an email asking about a wrongful termination matter. We reject about 100 wrongful termination cases for every one we take, but this sounded like it might be…
Attorney App of the Week — Waze
This one was so self-evident that I never thought to comment on it. Suggesting you should use Waze is akin to telling you about, oh I don’t know, maybe Evernote. But after the third blank stare this week when I asked if an iPhone user was using Waze, I thought it rated a mention. Waze…
How to successfully oppose an ex parte application.
How to Oppose an Ex Parte Application I hate opposing ex parte applications. I’m fine with the process if opposing counsel gives the required 24 hours notice, affording me the ability to file my opposition before the hearing so that it can be considered with the ex parte application. Far more often, however, even if…