Legal By The Bay

Ad


Should Trial Court Factual Findings Based on Written Evidence Receive Deference Under the First Amendment “Independent Review” Standard?

A recent California Supreme Court calls into question the proper standard for reviewing factual findings made in First Amendment cases. If the only evidence submitted to the trial court was in writing, are the court’s factual findings entitled to deference…
Continue reading “Should Trial Court Factual Findings Based on Written Evidence Receive Deference Under the First Amendment “Independent Review” Standard?”…

Representing Clients With Diminished Decision-Making Capacity

The State Bar of California Standing Committee on Professional Responsibility (COPRAC) recently published Formal Opinion 2021-207, addressing the ethical obligations of a lawyer who has a client with diminished decision-making capacity. Representing clients with diminished capacity involves unique challenges, including…
Continue reading “Representing Clients With Diminished Decision-Making Capacity”…