Podcasts about california rules

Welcome back to the Bar Exam Toolbox podcast! In this episode of our "Listen and Learn" series, we're focusing on a topic from professional responsibility - namely, lawyer fee agreements. These are governed by Rule 1.5 of both the ABA and the California Rules of Professional Conduct. In this episode, we discuss: The general rules a lawyer must follow when entering into a fee agreement with their client Different types of fee agreements Prohibited contingency fee agreements A hypothetical scenario from a previous California bar exam Resources: "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) California Bar Examination – Essay Questions and Selected Answers, July 2005 (https://nwculaw.edu/pdf/bar/July%202005%20Essays%20and%20Sample%20Answers.pdf) Herrscher v. State Bar of California (1935) (https://caselaw.findlaw.com/court/ca-supreme-court/1779870.html) Download the Transcript (https://barexamtoolbox.com/episode-301-listen-and-learn-professional-responsibility-fee-agreements/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

This week Natasha and Moshe are joined by Andrew Michaan. They discuss the loss of the Palisades and Altadena, why no one wanted Andrew's help during the wildfires, and when it's okay to be jealous of a trip to Costco. They give advice to a caller who's deciding whether to make a move on her best friend and react to a few secrets. SUPPORT LOS ANGELES:https://www.gofundme.com/c/act/wildfire-relief/california Help Suzanne, Milo and Buck Down after the Eaton fireHelp Tim & Liz Gehling After Losing Home to CA FiresSubmit your deepest secrets to the Endless Honeymoon Secrets Hotline: (213) 222-8608 and ask Natasha and Moshe for relationship advice: endlesshoneymoonpod@gmail.com. Come to our next dinner party, get merch discounts, mystery boxes, etc.: https://www.patreon.com/endlesshoneymoon SPONSORS: http://seed.com/honeymoon (use code 25HONEYMOON) See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Multiple cities throughout California have seen temperatures way above 90 degrees this week. Workers, both indoors and outdoors, are feeling the heat, but for the first time ever, indoor workers finally have protections against excessive heat in the workplace. At the end of last month, state officials unveiled new rules of what's required in indoor workplaces when temperatures surpass 82 degrees. Guest: Carlos Cabrera-Lomelí, KQED California put hundreds of millions worth of federal homelessness dollars at risk. A federal audit out this week blames “chaotic” and “disorganized” anti-fraud policies at the state's housing agency. Auditors gave the California agency it's lowest possible ranking. Reporter: Marisa Kendall, CalMatters A new report says abortions are up nationwide compared to before Roe v. Wade was overturned two years ago. California is leading the way, providing more than 16,000 abortions a month on average. Reporter: Spencer Whitney, KQED Learn more about your ad choices. Visit megaphone.fm/adchoices

California's solar industry is facing tough times after state utility regulators changed the rules for rooftop solar last spring. Sales are down and layoffs are up. Reporter: Erik Anderson, KPBS   The Department of Water Resources has released a final environmental impact report for the Delta tunnel project. The project would pump more water from northern to southern California, but is not without its share of critics. Reporter: Manola Secaira, CapRadio

We discuss some interesting recent cases out of the California Court of Appeal:Arbitration clauses may include an agreement to make the award reviewable on appeal. We discuss a recent case that shows how.Can a judge just stay a money judgment?What to do if the appellate court issues a tentative opinion.When an amended order suspends the right to appeal from the original order.Then we discuss the “Eisenberg rule,” and a survey that explains why lawyers still use legalese.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Not To Be Published, Tim Kowal's weekly legal update, or view his blog of recent cases.The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext's newest technology, CoCounsel, the world's first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.Other items discussed in the episode:Tim's writeup on Hous. Auth. of City of Calexico v. Multi-Housing Tax Credit Partners XXIX, L.P. (D4d1 Aug. 28, 2023) No. D079967. And Cable Connection, Inc. v. DIRECTV, Inc. (2008) 44 Cal.4th 1334.Tim's writeup on Marriage of Bush (D4d3 Jun. 15, 2023 No. G061202) 2023 WL 4013349 (nonpub. opn.).Tim's writeup on Navellier v. Putnam (D1d5 Aug. 17, 2023) No. A166476.Tim's writeup on Sweeney v. Reg'l Water Quality Control Bd. (D1d3 Aug. 31, 2023) No. A166629 (nonpub. opn.).New rule 10.1014 of the California Rules of Court allows anyone to submit a contention that an administrative presiding justice or a presiding justice has not properly addressed or managed an important matter related to the administration of a Court of Appeal or a division of a Court of Appeal. A person submitting such a contention should use the following addresses: By email: AppellateRule10.1014@jud.ca.gov By mail: Judicial Council of California Attn: Rule 10.1014 Program 2860 Gateway Oaks Drive, #400 SacramentoOff Topics: Do Lawyers Like Legalese And Why Does It Persist?Videos from this episode will be posted at Tim Kowal's YouTube channel.

AP correspondent Norman Hall reports: California-Truck-Emissions

In this live stream, we're going over Evan Rachel Wood and Illma Gore's Oppositions to Brian Warner's (p/k/a Marilyn Manson) Motion to Conduct Limited Discovery. According to Wood and Gore, in order for Manson to win on this issue, the evidence he seeks needs to be admissible in court. Does the information he seeks run afoul of the California Rules of Evidence? Come join and find out! FOR CONTEXT: Over the years since 2016, Evan Rachel Wood began speaking publicly about domestic violence, saying she had been abused by two unnamed men. On February 21, 2021, Wood named Brian Warner as one of her abusers, alleging that he abused her physically and emotionally during their romantic relationship which lasted between 2006 and 2010. On the same day, a handful of other women also made statements claiming to be victims of Warner's abuse. His alleged victims include Ashley Morgan Smithline, Esme Bianco, and Ashley Walters. In March 2022, Brian Warner, p/k/a Marilyn Manson, filed a lawsuit against Evan Rachel Wood and Ashley Gore aka Illma Gore. In the lawsuit, he alleges four causes of action: defamation per se, intentional infliction of emotional distress, violation of computer hacking laws, and violation of laws barring impersonation over the internet. The Anti-SLAPP Deep-Dive: https://www.youtube.com/watch?v=c6GDfGoPXaw More thoughts on anti-SLAPP: https://www.youtube.com/watch?v=fowRepZaJog&t=2s Marilyn Manson's Discovery Motion: https://www.youtube.com/watch?v=BIGu4BLBieA Join this channel to get access to perks: https://www.youtube.com/channel/UCJvDEmKLft6F2MxhuNUMwag/join -------------------------------------------------------------------------------

A Supreme Court ruling out this week sharply limits the Biden administration's ability to limit carbon pollution from power plants. But it will not affect California's aggressive climate laws.  Reporter: Kevin Stark, KQED California is adding four new states to the list of places to which state-funded travel is banned due to anti-LGBTQ laws. Attorney General Rob Bonta has added Arizona, Indiana, Louisiana and Utah to California's do-not-travel list. Reporter: Scott Shafer, KQED Governor Newsom and the state legislature have agreed to eliminate more than $500 million in late payment fees on traffic violations for Californians. The penalties are known as civil assessments. They get tacked on as fines when someone doesn't pay off things like speeding tickets on time.  Reporter: Mary Franklin Harvin, The California Report  More people are getting infected with COVID-19 at work in Los Angeles County. With more than 300 workplaces reporting clusters of COVID-19 cases in the past week, L.A. County health officials are urging people to wear masks indoors. Reporter: Jackie Fortier, KPCC

Welcome back to the Bar Exam Toolbox podcast! Today, we're tackling Competence - an issue that comes up in many California bar essays on Professional Responsibility. In this episode, we discuss: The ABA and California rules for competent legal representation The California rule regarding legal advice or assistance in an emergency Analyzing two hypos from previous California bar exams Structuring an answer to a question involving competence Resources: “Listen and Learn” series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn) Private Bar Exam Tutoring (https://barexamtoolbox.com/private-bar-exam-tutoring/) The Brainy Bar Bank: Streamlining Bar Study (https://barexamtoolbox.com/brainy-bar-bank/) California Bar Examination – Essay Questions and Selected Answers, July 2018 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Essay-Questions-and-Answers.pdf) California Bar Examination – Essay Questions and Selected Answers, July 2008 (https://nwculaw.edu/pdf/bar/July%202008%20Essays%20and%20Sample%20Answers.pdf) Podcast Episode 24: Tackling a California Bar Exam Essay: Professional Responsibility and Evidence (https://barexamtoolbox.com/podcast-episode-24-tackling-a-california-bar-exam-essay-professional-responsibility-and-evidence/) Podcast Episode 47: Preparing for the MPRE (w/Brittany Raposa) (https://barexamtoolbox.com/podcast-episode-47-preparing-for-the-mpre-w-brittany-raposa/) Professional Responsibility: ABA Rules New to California (https://barexamtoolbox.com/professional-responsibility-aba-rules-new-to-california/) Do the Changes to the California Rules on Professional Responsibility Really Mean “Change?” (https://barexamtoolbox.com/do-the-changes-to-the-california-rules-on-professional-responsibility-really-mean-change/) Download the Transcript (https://barexamtoolbox.com/episode-179-listen-and-learn-professional-responsibility-competence/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)! Thanks for listening! Alison & Lee

High-profile and celebrity family law attorney Chris Melcher has represented some of the largest divorce cases in California, including multiple cases ending in published appellate decisions. Chris talks with Jeff and Tim about how celebrity-driven cases shape the law, such as the #FreeBritney movement against conservatorship abuse.Chris then talks about a way to bring more attention to non-celebrity cases through requests for publication of nonpublished opinions that raise important issues. And what kinds of cases pique the Supreme Court's interest? It is often not what you think, says Chris, which is where bar networks come in handy in keeping up on legal trends.Christopher Melcher's biography, LinkedIn profile, Twitter feed, and YouTube page.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.Sign up for Tim Kowal's Weekly Legal Update, or view his blog of recent cases.Other items discussed in the episode:Requesting publication: California Rules of Court rule 8.1120.Requesting de-publication: California Rules of Court rule 8.1125.Frankie Valli's life insurance was community property, California Supreme Court held.No Right to In-Person Appearances: People v. Whitmore (D4d3 no. G059779) 2022 WL 1284371 ___ Cal.Rptr.3d ___, held that limiting a defendant to a virtual appearance, while legally improper, creates no harm.Jury trial may not be waived merely for failure to comply with local rules**.** Amato v. Downs (May 6, 2022, E075421) [no binder, no jury trial: reversed.].Myron Moskovitz on the futility of oral arguments. Via Ben Shatz's SoCal Appellate News blog.Quach v. Calif. Comm. Club, right to arbitrate is not waived, even after 13-months of litigation, if the only prejudice shown is litigation costs. Rehearing granted and opinion partially published.

After Jeff quizzes Tim on a bit of appellate esoterica about the automatic 15-day default extension for appellate briefs, the co-hosts discuss whether appellate justices modulate their approaches to sympathetic cases. The conversation also covers recent cases involving:Defective notices of appeal.Can an action be dismissed pending appeal? A surprising recent case answered “No.”Related: Another case that was not stayed mooted the appeal.Nationwide injunctions.DA sues attorneys for alleged Unruh Act abuse.You've heard of SLAPP suits, but what about a SMACC suit?Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed.Sign up for Tim Kowal's Weekly Legal Update, or view his blog of recent cases.Other items discussed in the episode:California Rules of Court 8.220 — default notices of failure to file a brief.On defective notices of appeal: Ramirez v. Oxford Properties, Inc. (D4d2 Apr. 12. 2022 no. E076022) 2022 WL 1090899 (nonpub. opn.) and Beckering v. Shell Oil Co. (D2d3 2014) no. B256407 (nonpub. opn.), covered in Tim's post here.Can you dismiss your lawsuit while it's on appeal? No, says Curtin Maritime Corp. v. Pacific Dredge & Const. (D4d1 Mar. 22, 2022) no. -- Cal.Rptr.3d ---- 2022 WL 841760, covered in Tim's post here.When this lawsuit was not stayed, it mooted the appeal in Art Works Studio & Classroom, LLC v. Leonian (D2d7 Apr. 12, 2022 no. B304461) 2022 WL 1090984 (nonpub. opn.), covered in Tim's post here.US District Court in Florida strikes down CDC's mask mandate.Sixth Circuit Chief Judge Jeffrey Sutton sounds off against nationwide injunctions.San Fran and LA DAs sue attorneys for alleged abuse of Unruh Act actions in People v. Potter Handy, LLP

This Episode of “Trust Me” features an interview with Josh Yager, co-author of the article “How Much is Too Much? Trustee Compensation and an Analysis of California Rules of Court, Rule 7.776.” The article appeared in the California Trusts and Estates Quarterly, Volume 27 issue 1, published by TEXCOM in 2021. Our conversation takes us on a deep dive of California Rules of Court Rule 7.776, breaking down each of the eight factors courts are to consider when determining a trustee's fee. We also discuss the importance of establishing a good governance policy at the outset of a trust administration,  and what documentation is crucial in supporting a trustee fee request. About our Guest:Josh Yager is a recognized expert on the management and oversight of trust assets. He lectures and writes extensively on the policies, procedures and practices for the prudent administration of trusts. He has been invited to speak to various Bar associations, CPA chapters, estate planning councils, Professional Fiduciary Association forums and AICPA national events.Josh has testified on the subject of prudent trustee governance practices before the Texas Pension Review Board, the Alaska Retirement Management Board and has provided expert testimony within the California courts.About our Host:Host Herb Stroh is a member of McCormick Barstow LLP, practicing in the San Luis Obispo office. Mr. Stroh is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization, past Chair of TEXCOM, and represents the Committee on the CLA Board of Representatives. He has extensive experience in all aspects of trust, probate, conservatorship, and guardianship litigation.  He also advises clients on estate planning, administration of trusts, probate estates, special needs trusts, and conservatorships.If you have questions, comments, and suggestions for future topics please email Herb at herb.stroh@McCormickBarstow.com Trust Me is Produced by Foley Marra Studioswww.thefoleymarrastudios.comThank you for listening to Trust Me!

Attorneys David Ettinger and Dean Bochner join hosts Tim Kowal and Jeff Lewis to explain their proposal to amend California Rules of Court 8.1115, the rule that prohibits the citation to unpublished opinions. David and Dean note that, despite rule 8.1115 near-categorical ban, the courts in practice already condone such citations in some contexts, most notably petitions for review.David also discusses the California Supreme Court's “shadow docket” — precedential opinions that are issued without full merits briefing or oral argument.Read David and Dean's article, Revisiting California's No-Citation Rule.David Ettinger's biography and blog, At the Lectern.Dean Bochner's biography.Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed.Sign up for Tim Kowal's Weekly Legal Update, or view his blog of recent cases.

The measure exempted firms like Uber and Lyft from having to classify their gig workers in the state as employees rather than as independent contractors. Learn more about your ad choices. Visit megaphone.fm/adchoices

Top Stories (Weekend Edition) Georgia GOP Passes Extreme Vote Ban, GA Lawmaker Charged with a felony for protest, Deadly Tornadoes slam Alabama, California Rules on Cash Bail, Pew Research Center: Growing diversity of Black America, Despite wide partisan gaps in views of many aspects of the pandemic, some common ground exists --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/communitycallpodcast/message Support this podcast: https://anchor.fm/communitycallpodcast/support

Guests for this episode of “Trust Me!” are Tom Shaver and Neil Wertlieb. Tom served as Editor to the Fourth Edition of the Guide to The California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel. Tom discusses the process of reviewing and updating the fourth edition of the Guide. He also explains the effort to make this edition even more of a practice guide with  expanded sample discussions and new chapters on litigation and technology. For more information about the Guide, including how to purchase your own copy go to:https://calawyers.org/trusts-and-estates/the-trusts-and-estates-ethics-guide-is-here/?utm_source=podcast&utm_medium=link&utm_campaign=teCo-Chair of the California Lawyers Association's Ethics Committee Neil Wertlieb joins the podcast to tell us about the work of the Ethics Committee as well as ethical issues relevant to trusts and estates attorneys. We talk about conflicts—who is and who isn't a client, conflicts when the fiduciary is also a beneficiary, and current and advance client conflict waivers. Finally, we consider ethical issues relevant during a pandemic.Thomas Shaver was an attorney with Hartog Baer & Hand in Orinda for over seventeen years, with a practice focused on estate planning, post-death administrations, and related estate and gift taxation. He served for six years as a member of the Executive Committee of the Trusts and Estates Section.  In his final two years of that term he chaired the Ethics Subcommittee that coordinated the research, updating and revision of the Ethics Guide for trusts and estates practitioners that the Section published at the end of last year.  Neil J. Wertlieb brings more than three decades of experience as a corporate transactional lawyer, including two decades as a partner at Milbank LLP.   Mr. Wertlieb's areas of expertise include: corporate governance and business transactions (including acquisitions, securities offerings and restructurings); and attorney ethics and attorney standard of care.  He served as an ethicist as a Founding Member and Co-Chair of the California Lawyers Association Ethics Committee, a past Chair of  California State Bar's Committee on Professional Responsibility and Conduct, past Chair of  Los Angeles County Bar Association's Professional Responsibility and Ethics Committee and as Special Deputy Trial Counsel for California State Bar's Office of Chief Trial Counsel. For additional information, please visit www.WertliebLaw.com. Host Herb Stroh is a partner at McCormick Barstow LLP, and practices out of the San Luis Obispo office. Herb is a Certified Specialist in Estate Planning, Trust, and Probate by the State Bar of California Board of Legal Specialization. He is past chair of the Trusts and Estates Section of the California Lawyers Association and represents the Section on the CLA Board of Representatives. He is also Treasurer of CLA for the 2020-2021 year.  Herb has extensive experience in all aspects of trust, probate, conservatorship, and guardianship conflict resolution.  He also has experience in all aspects of estate planning and administration of trusts, probate estates, special needs trusts, and conservatorships. Mr. Stroh has also served as a mediator in a variety of trust and estate disputes both in Los Angeles and San Luis Obispo counties. 

The ruling denying injunctive relief to Uber and Postmates and their drivers from California’s onerous, and likely unconstitutional, law AB 5 by Obama-appointed judge Dolly Gee last week illustrates why such judges holding for unions and the state need to be replaced. Read the article here!

To be more precise, it’s California Senate Bill 206, AKA The Fair Play Act, and it is the first topic of discussion for today’s podcast. Kennedy and Hayden discuss the new law slated to take effect Jan. 1, 2023, then take the discussion to the next level with some creative opinions about compensation for college players. If you think, as I often have “it should be allowed, but I’m not sure how” you will enjoy the ideas shared today! After that it’s time to predict the outcomes of this week’s games. There’s quite a bit of agreement in the air today, but there are a few surprises on both ends! Listen quick before the games or check up on their accuracy afterwards. Either way be sure to tweet some smack talk back at them to let them know you were listening!

How will the changes to the California Rules of Professional Conduct affect you? In this On the Road report from the California Lawyers Association (CLA) Annual Meeting, host Jim Ham talks to Neil Wertlieb about imminent changes to the California Rules of Professional Conduct. They discuss the biggest changes to the rules, who will be affected the most, and the potential concerns that some already have. Some of the most notable changes include the barring of any sexual relationship between attorney and client, allowing unlawful discrimination cases to be investigated before reaching the court, and requiring that advanced fee retainers must stay in client trust account until the service is completed. Neil Wertlieb is an experienced transactional lawyer who provides expert witness services in litigation and arbitration matters.

I’m diving into the changes that came about with the new revamp of the California Rules of Professional Conduct. Several years ago, the California Supreme Court convened a commission to work on bringing California's Rules into alignment with the ABA Model Rules. The Commission’s Rules were recently adopted by the Supreme Court and they go into affect later this year in 2018.  In this episode, I’m breaking down what California lawyers need to know about the changes and how they impact their law practices.  What I Explain In This Episode: California still hasn’t adopted the Model Rules; they simply amended California’s existing rules The way the rules are numbered have been completely revamped and they’re a bit confusing California is finally aligned with best practices when it comes to advance fees and now require that lawyers deposit those fees in client trust accounts What about sex with clients? When can a lawyer have sex with his/her client? The new client communication rule (CA New Rule 1.4) requires lawyers to advise their clients and manage their expectations as they relate to a lawyer’s conduct and capabilities What should a lawyer do when a client is engaging in conduct that is legal under California law but not legal under Federal law. This proposed Rule 1.2.1 was not adopted yet and is still up for discussion The new conflict of interest rules (New Rule 1.7, replacing old Rule 3-310) require that lawyers look more globally at the client and the relationship to find any conflicts New Rule 1.18 provides rules that apply to the attorney-client consultation and what confidentiality issues exist How this old rule (CA old Rule 2-400) provided greater protection for a lawyer who was accused of discrimination. The new rules are stricter and in some regard, less fair, when it comes to these allegations Resources: You can find all of the new rules here.  California Lawyers Association Solo and Small Firm Section Webinar: CA Rules of Professional Conduct: What the 2018 Rule Updates Mean to You– June 7th, 2018 Presented by James Ham and Megan Zavieh Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Tuesday. If you enjoyed this episode, please help me get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, and Google Play, and be sure to share this podcast with a friend. Be sure to connect with me and reach out with any questions/concerns: Facebook LinkedIn Website Email me at megan[at]zaviehlaw[dot]com This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matters, be sure to consult with an attorney regarding your specific needs.

  How to find the best attorney to represent you.  In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls.   "This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette Reasons Why People Hire a Lawyer Every case is different and every client is unique. Similarly, you can hire a specific lawyer for your case. The criteria typically aligns with that lawyer's motivation, values, and concerns.   There are several reasons why people hire a lawyer. Among them are the need for guidance, maximum recovery, and more. Right Questions to Ask When Hiring a Lawyer What are the things to consider when hiring an injury lawyer? First of all, seek a qualified lawyer. There are inexperienced "marketing" lawyers that abound.   To prevent mistakes in hiring a lawyer, make sure to ask the right questions to your prospective lawyer. You can ask whether he has tried a case before a jury and whether he succeeded. The inexperienced ones will readily give you a set of excuses why you don't need a "trial" lawyer.  Beware of them. Emphasis on Being a "Trial" Attorney Another question to ask is whether the lawyer in-charge of taking your case will go to trial? Trial lawyers are trained to reject low ball insurance company offers and go to a jury trial.     Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 1 to have a good understanding of what you need to find the best lawyer for your case.   Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 1: California Rules of Professional Conduct 3-110 Gerry Spence Trial Lawyers College   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2016 Law Firm of Richard L. Duquette  

  Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast!   "There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette Two Things to Consider Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But there are two things to bear in mind. One is the minimal risks and the other is the fact that delays can prejudice the case. Minimal Risks in Hiring a Lawyer Fast According to the California Rules of Professional Conduct, an attorney has the duty to zealously protect your interests. When you hire him for your case, you give him the authority to act on your behalf.   With a competent attorney by your side, you gain a lot of benefits. It also strengthens your case. He knows when to "strike when the iron is hot, and how to preserve evidence." Hire Based on a Contingency Fee The fees for hiring an attorney in personal injury cases are generally on a contingent basis. As the client, you only pay your lawyer if his performance yields positive results.   An experienced lawyer will be able to assess your case early and decide whether it is worth taking. If the lawyer takes your case, both of you are invested in the results.   Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast to hear about the minimal risks and advantages involved in hiring a lawyer quickly. Stay tuned for the second part of this episode series where we’ll discuss the Social Media Pitfalls and Designing a Damages Strategy.   Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast: California Rules of Professional Conduct 3-110 Evidence Wins Bicycle Injury Cases   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2016 Law Firm of Richard L. Duquette  

                                                                                                   What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics.   "An attorney must competently perform legal services." - Richard Duquette What Is a Competent Attorney You can hear from a lot of attorneys in the industry. Unfortunately, not all of them are competent enough to handle a case or to represent a client.   According to People v. Mckenzie (1983) 34 Cal 3rd 616, 631, the duty of a lawyer is to represent the client zealously within the bounds of the law. Competence requires diligence, learning and skill, and the ability to reason well. The Duty of an Attorney An attorney must have the capacity to perform his duties. He has a duty to serve both his client and the legal system.   The California Rules of Professional Conduct (CRPC) 3-110 states, "A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence." Learning and Skill to Represent The relationship between a client and an attorney is as a fiduciary. It tells the attorney to act according to the best interest of his client. Without apt learning and skill, he could fail in performing his duties competently.   Download and listen to California Legal Ethics to hear about client-attorney relationship, the duty of an attorney, and what characteristics to look for when hiring someone to handle your case!   Links for California Legal Ethics: People v. Mckenzie (1983) 34 Cal 3rd 616, 631 California Rules of Professional Conduct 3-110   Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!   Connect with Richard L. Duquette at the following links:   Richard's Website Email Richard Call Richard: 760-730-0500 Connect with Richard on Facebook Follow Richard on Twitter   © 2016 Law Firm of Richard L. Duquette