It’s no secret that insurance coverage is often a key issue in litigation, as insurance is used to pay defense costs, fund settlements, and satisfy judgments. In recognition of this, courts have recently been imposing more burdens on lawyers when…
Upping our Game: Mindfulness and Meaning in Mediation
Whether you are a relatively new mediator or have been mediating for decades, you may ask yourself on occasion why a mediation didn’t settle, or even when it did, why one or more sides was unhappy with the result even…
"No Sleeping on the Job!" California Supreme Court Rules Sleep Time Must be Compensated in Certain Industries
In Mendiola v. CPS Security Solutions, No. S212704 (Cal. January 8, 2015), the Supreme Court of California ruled that employers cannot exclude sleep time from wages during “on call” time by agreement between the employer and the employee unless a state wage order…
Carol Kingsley Rejoins BASF Mediation Services Panel
Carol M. Kingsley is an experienced and flexible mediator with over 30 years of experience practicing law and resolving conflicts. She has had an AV rating, the highest attorney rating, from Martindale Hubbell for 30 years. She also has more…
Ethics Applicable To Court Appointed Attorney: Court Pressure vs. Client Privacy
The court appoints you to represent an individual facing charges which, if proven, could lead to loss of liberty and property. You meet confidentially with your new client, discuss the facts relating to the charges, assess your client’s responses and…
Mama Don’t Preach: Madonna’s Custody Battle Takes Center Stage
Guy Ritchie and Madonna have kept their co-parenting out of the spotlight for six years, but now they are battling over their 15-year-old son, Rocco. When Rocco did not return to Madonna’s custody after visiting Ritchie in London during the…
Trust Document Can Provide for Attorney Fees in Battle
“No-contest” clauses are designed to discourage beneficiaries from contesting wills and trusts by specifying that those who do so forfeit what they would have received under the will or trust. A “no-contest clause with teeth” contains a defense provision, authorizing…
Keep Your Client in Mind, the Ethics Will Follow
Your phone rings. Being a solo or small firm lawyer, you answer it yourself. The caller, after an exchange of pleasantries, says, “My mom needs a trust.” The flag that goes up in your mind should be, if not red,…
Donald Sterling Update: Appellate Court Confirms Clippers’ Sale
A probate judge had ruled Donald Sterling incompetent to manage his own trust, which included ownership of the Los Angeles Clippers. Sterling’s wife Shelley then became sole trustee and, though he tried to revoke the trust, she sold the team…
SFUSD Partners with BASF’s Mediation Program to Bring ADR into the Schools
Beginning in the fall of 2014, and under the initial leadership provided by retired San Francisco Judge Patrick Mahoney, representatives from BASF’s Mediation Services Program and key personnel at the San Francisco Unified School District’s (SFUSD) Special Education Department started…
Contract Paralegals are a Great Resource for Hire
What is a contract paralegal? Unlike any other state, California is the only state that requires paralegals and legal assistants, which are synonymous (Business and Professions Code §6454), to meet certain educational requirements in order to be considered a paralegal.…
Paralegal Corner: Guidelines for Respectful Attorney-Reporter Relationships
A litigator schedules a two-hour deposition beginning at 4:00 p.m. The court reporter arrives at 3:30. Counsel agree at 6:00 to continue for another hour. At 7:00, the witness’ attorney asks, “How much longer?” The questioner answers, “Just one more…