Month: April 2018

Categories : Legal Malpractice

30 Tips for Avoiding Legal Malpractice Claims

On By sdcountybar

By Dan Stanford

During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to help lawyers eliminate or at least reduce the risk of being sued by an unhappy client.  So, over the years I have compiled a list of practical tips for avoiding legal malpractice claims.  The list below contains original thoughts and tips stolen from other experts in the field. And, these are not listed in any order of importance. Read More

Categories : Legal Ethics

Double Trouble? No, Just Some Caveats.

On By sdcountybar

By Edward McIntyre

They come in pairs. A young couple who want an estate plan; two women who need a partnership formed; the employer who wants you to represent it and the accused supervisor/co-defendant; the non-party executive whose deposition is scheduled when you already represent the defendant company; two former employees who want to sue their former employer. All promising pieces of business. Read More

Categories : Technology

Your Virtual Front Door

On By sdcountybar

By Philip Mauriello Jr.

In the age of social media, it seems everyone is obsessed with their personal image. For good reason too, we are viewed through our phone and computer screens. When people are looking for you, they often Google you, or they check out your Facebook or Linkedin profile. The image you put out there on the “world wide web” is usually your first impression whether you know it or not. Read More

Categories : Law Practice Management

Advice for Newer Attorneys From “The Ten-Dollar Founding Father”

On By sdcountybar

By Jeffrey Chinn

The musical “Hamilton” has been a phenomenon with unreal demand for tickets and a popular soundtrack. After seeing a performance during its San Diego run, I began to think about lessons that newer attorneys can learn from a person who “got a lot farther by working a lot harder, by being a lot smarter, by being a self starter.”2 Read More

Categories : Current Topics

H-1B Visa: May The Odds Be Ever In Your Favor

On By sdcountybar

By Karine Wenger

It is that time of the year again. U.S. Citizenship and Immigration Services (USCIS) begins accepting petitions for new H-1B “CAP” visas during the first week of April 2018. Each year there is a cap on the maximum number of H-1B visas that will be issued — a 65,000 base cap, plus an additional 20,000 for beneficiaries who hold a U.S. master’s degree or higher. In recent years, the number of new H-1B petitions filed has greatly exceeded the number of available H-1B visas, which has resulted in the USCIS implementing a “lottery,” with only those randomly selected employer petitions being processed. In 2017, USCIS reported to have received over 199,000 H-1B petitions — more three times the number of H-1B visas available. Those fortunate enough to be selected in the lottery would begin employment in H1B on October 1, 2018. Read More

Categories : Legal Ethics

The Ethical Implications of Threatening Criminal, Administrative, or Disciplinary Charges

On By sdcountybar

By Richard Hendlin

This Ethics in Brief will review California Rules of Professional Conduct [CRPC] Rule 5-100 which makes it improper for a California lawyer to “threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.” (CRPC 5-100(A).) The term “administrative charges” means the filing or lodging of a complaint with federal, state, or local governmental entity which may order or recommend the loss or suspension of a license. (CRPC 5-100(B).) A “civil dispute” includes “an administrative proceeding of a quasi-civil nature pending before a federal, state, or local governmental entity,” including administrative hearings for professional licenses. (CRPC 5-100(C).) Read More

Categories : Business & Corporate Law Wisdom

Arbitration and Dysfunctional Drafting

On By sdcountybar

By Carl Ingwalson Jr.

“A cautionary note – we spend too much time trying to make sense out of arbitration agreements precisely because litigants spend too little time drafting them. Increasingly, we have been presented with incoherent hybrids and bizarre mutations of supposed agreements for judicial or contractual arbitration.” National Union Fire Ins. Co. v. Nationwide Ins. Co. (1999), 69 Cal. App 4th 709, 717. Read More

Categories : Technology

LawPay Security Series: Part I

On By sdcountybar

Courtesy of LawPay

Your path to a more secure law firm starts today! Our mission with this Security Series is to promote better data protection in law firms through simple, manageable steps. Throughout the year, we will deliver practical tips you can use to easily update security in your firm. With the increase of cyber-crime and the associated risk to your firm, securing your assets is more important than ever. Read More