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…
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…
All Clients Will Shop On Price if That is the Only Distinguishing Factor
I’m not here to spread doom and gloom about the legal job market, but these articles keep catching my eye. In an article from the TaxProf Blog, where Paul Caron reported on a service he described as the eBay for lawyers, with the terrible name Shpoonkle. The Shpoonkle service allows clients to post their legal problems,…
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…
Law Practice Tip: Hide Your Receptionist
As business people go, attorneys might be the worst offenders at doing things just because it’s what everyone else does. One example of this that recently dawned on me is the way they use their receptionists. Most park them in the lobby, and that’s a terrible arrangement. In most cases, your receptionist should not be…
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…