Best Client Call of the Week

Not the one in question, but can you name the country this flag represents?

A “potential client” called this morning to discuss the case she has going in a foreign country. In order not to offend any of the residents of that country by repeating what she said, I won’t identify the country except to say that it is a small, non-English speaking country that I had to run through Wikipedia to confirm that it is in fact a real country.

Yak

She called to ask a question about a very specific procedural issue in her case. Picture getting a call from someone in Transnistria, asking you the deadline for opposing an application for a writ of attainment, and whether the opposition can be served by yak. That was the nature and specificity of the procedural question.

As I always do when I get a call from someone about a case that has nothing to do with California, I asked why she called me.

“Because all the attorneys are crooks here, and you can’t trust anything they say”, she said.

So the next time you hear someone say something disparaging about attorneys, just remember that our reputation is far better than that of the attorneys in this unidentified country.

Don’t Be That Attorney — Misstating Record on Appeal

Misstated RecordAs reported elsewhere, we received a very satisfying verdict of more than $1.5 million resulting from a defamatory email sent by a defendant, concerning our client. The defendant did not go silently into the good night, and appealed the verdict, claiming that there was insufficient evidence to support an award of that size.

That’s all fine and good, but in appealing the verdict, the defense attorney completely misstated the record. On an appeal based on insufficient evidence, the appellant is required to set forth all the evidence that would tend to support that verdict. Indeed, if the appellant fails to do so, the Court of Appeal can deem the issue waived.

I devoted a full two-thirds of my responsive brief on appeal just setting the record straight by pointing out all the misstatements made by defense counsel. Continue reading

You’re Not Alone — Everyone Gets Some Crazies

Crazy CallersI genuinely thought I was part of some long-term punking. I get so many calls from people wanting to hire me who use the same lines to try to get me to take the case.  I can’t tell you how many times I’ve heard, “I have a slam-dunk case that is going to make some attorney wealthy, but I need an attorney who can understand this case and won’t be intimidated by the other side.”

There’s one guy out there — I have no idea how I ended up on his distribution list — who sends me weekly flyers like you might get from a real estate agent trying to sell you a business, but they are all for HIS own personal cases.  They are on impressive pre-printed forms, and the client just fills in the blanks.  They look something like this: Continue reading

Just How Scary Am I? — Wacky Big Firm Behavior

Oh, the wacky, wacky things big firms do.

My firm just took over a business litigation matter that has been going on for about eight months. It’s the usual nonsense where my client left a company and the company doesn’t want him to compete, so it is claiming he took trade secrets. I’ve had probably 50 of these over the years, and never once has the strategy worked. They try to beat the client into the ground, and when it doesn’t work, they slunk away. Shame on the attorneys who prosecute these cases.

But this one is getting entertaining very quickly. The Plaintiff company is represented by what appears to be a huge firm. I’d never heard of the firm before this action, but they list 30 offices on their letterhead, with offices all over the globe, and five here in California.

In typical fashion for some big firms, every time we’ve been to court, at least two attorneys have shown up from the other side. Continue reading

Why You Should Be Using Evernote

I’ve said it before here. After deciding not to write about a program like Evernote because I assume everyone is using it, I run across an attorney who says, “Evernote, what is that?”

If you use a computer and any smartphone or tablet, then Evernote should be at the heart of your organizational life. I have tried every sort of planner and to-do software, but Evernote beats them all due to the automatic sync between all your devices. Your notes, thoughts, documents, images, whatever will always be with you.

And it’s free.

If you go to YouTube, you’ll find hundreds of tutorial videos for Evernote that will show you how to tap its full potential. Here are two to get you started, the first being a basic tutorial that will show you the functionality of Evernote, followed by one specific to the emailing feature.

Stop Attaching Documents to Your Complaint

Businessmen climbing upThe planets must be aligned or misaligned as the case may be, because I’ve been flooded with callers who are dissatisfied with their current attorneys, and want to fire them to hire me.

I get a lot of these calls, and reviewing the cases to decide if I want them gives me great insight into the manner in which other attorneys handle cases (and the terrible ways that some organize their case files). I have just reviewed my fourth complaint of the day, and encountered one of my pet peeves. I had to take a moment to vent.

All of the complaints were guilty of the offense, but one particular complaint, with attachments, is 125 pages long. The attorney has seriously over-pleaded the case, and that is a topic for another day, but he has also attached 12 exhibits.

It’s actually not proper to attach some exhibits to complaints, and it is often a really bad idea to do so. In the case I was reviewing, the attorney had attached the contract, and I would venture to say that most attorneys would do the same.

Think before you attach! Even in a breach of contract action, you don’t have to attach the contract (at least not here in California). The problem with doing so is that anything you attach to a complaint becomes an allegation. The defendant is then free to cite to any provision in that contract to support a demurrer or other motion. Continue reading