The Evidence Code is not just for criminal attorneys. Family law attorneys can also use the Evidence Code as a weapon and should. With a well-crafted Evidence Code objection and proposed order, it may be possible to keep problematic evidence…
Technology in the Legal Workplace
Often I am asked what is an important skill a legal professional should possess. We think of billing, right?! Legal professionals should really know how to effectively bill their time. Time is precious and in a .1 environment it is…
Are evidentiary rulings on summary judgment reviewed de novo or for abuse of discretion? More than a decade after Reid v. Google, it still depends whom you ask.
The first and most important issue in any appeal is the standard of review. For the last decade, however, California appellate courts have been split on how to review evidentiary rulings made in connection with a summary judgment motion. As…
Court to ‘Rescue’ Sisters: Don’t Leave California With Mom Like That
Depending on who you believe, Walter Van Buskirk Jr. was either a devoted son whose care allowed his mom, Ellen Van Buskirk, to live in her Santa Monica home until illness sent her to a rehab facility—or a ne’er-do-well who…
Grandma Can Amend Trust Despite False Beliefs
Is it real—or did grandma lack of capacity to amend a trust? It’s the painful question asked when a loved ones’ behavior seems to be on the edge of the shadowlands. It’s worse if its sad aftermath obscures a family’s…
Spring – A Time for Connection and Re-engaging!
Here we are again with a gorgeous Bay Area spring! The sun is out and more and more of us are getting our vaccines. It’s time to re-engage with the world! Although a lot of us are suffering from Zoom…
What Not to Include in Fee Agreements
Starting your client relationships off right can minimize your risk of liability. Your engagement agreement should set the tone and act as a road map. The sample hourly and contingent fee agreements published by the State Bar of California can…
The Legal Ethics of Access to Justice
The California Rules of Professional Conduct (Rules) provide the minimum standards that lawyers must meet to avoid discipline by the State Bar. A lawyer’s professional responsibilities, however, extend beyond those rules. As Comment to Rule 1.0 instructs, a lawyer…
The End of Long-Term Spousal Support?
Ongoing spousal support is a hot-button and often-litigated issue in many divorces. Changes in case law have made the recipients of permanent spousal support look back nostalgically to the days of long-term support awards with no questions asked, compared to…
The Good, The Bad, & The Ugly: The Remote Paralegal
Nearly a year ago, March 17, 2020 to be exact, I started my remote working experience as a paralegal. The COVID-19 pandemic has not been easy for any of us. It has disrupted and affected our lives in profound ways. …
Chipping Away At Single-Family Zoning
For decades, San Francisco’s rate of housing production has lagged behind demand, leading to skyrocketing prices and widespread displacement. One of the most effective and affordable strategies to increase the housing stock is to allow single-family homes to be converted…
Resolving Conflicts between Properties with an Old Tool: Collaborative Land Use Easements
As an experienced litigator or real estate lawyer, what are your available strategies if you encounter situations like these? Noise, dust, and vibrations from an operating gravel quarry have not impacted the surrounding ranches, but a housing developer seeks land…