The Bar Association of San Francisco welcomes its newest Member Benefits partner: Headnote. Headnote is the most modern and client-friendly payment experience in the legal industry. Whether you are a solo attorney or large law firm, adding Headnote payments to your…
Legal Writing Tip: Introduce Block Quotes
Occasionally, you will need to quote four or more lines (50 or more words) of text from a key source, such as when the precise wording matters of say, a particular statute or regulation. And, every now and then, a…
Risk Management: Conflicts In The 21st Century
In California Self-Insurers’ Security Fund v. Superior Court, (2018) 19 Cal.App.5th 1065, the Court of Appeal held that disqualification of an entire firm was not mandatory where an attorney from one firm “switched sides” and joined another firm during litigation,…
Avoid block quotations; use only the “hearts” of quotes
Effective legal writers avoid block quotations and quote supporting authorities sparingly. They do not create their briefs by stringing together a list of long quotes. Instead, they make the arguments and points in their own words—blending the heart of a…
The Limits of Advance Waivers
Law firms have aggressively pursued advance waivers to represent concurrent clients whose interests conflict in unrelated matters. For example, Law Firm represents Client A in an action against Client B. Normally, this representation would preclude Law Firm from representing Client…
Legal Writing Tip: More on Modifiers
This month, we offer a few final words on the use of modifiers: Avoid nesting them in a single sentence and make sure to clarify their reach. Here’s an example of a sentence containing a set of modifying phrases, each…
Legal Writing Tip: Don’t Misplace Your Modifiers or Let Them “Squint”
A misplaced modifier is one that is improperly separated from the word (or “element”) it is intended to describe, restrict, or alter. When the modifier within a sentence lacks a clear referent, the sentence often sounds ridiculous, or confusing. This…
Risk Management: Duties Of Partners In A Dissolving Firm
Nearly ten years after international law firm Heller Ehrman closed its doors, the California Supreme Court addressed whether the dissolved firm had any interest in the hourly-fee legal matters former partners continued to handle. In Heller Ehrman LLP v. Davis…
Legal Writing Tip: Mind the Gaps Between Subject, Verb, and Object
To craft an easy-to-understand sentence, make sure the subject, verb, and object do not stray too far from each other. The subject is the actor in the sentence, while the object is the entity that is acted upon, or the…
Preparing for Negotiation
When preparing for a negotiation on behalf of a client, the first step is to set aside the adversarial mindset. The goal of a negotiation is not to win an argument or to convince the other party that your…
Increase Your Referral Sources and Make an Impact in the Community
When a lawyer decides to join the panel of experienced attorneys through the Lawyer Referral and Information Service, their motivation is usually to increase client referrals and belong to a program that assists real people with real legal needs.…
Lawyers Should be on Twitter and Here’s Why
The original version of this article was published at www.susankostal.com on November 15, 2017. I’ve been immersed in social media lately (beyond my typical compulsion), and thinking a lot about how best to teach both concepts and practical…