Year: 2018

Categories : Law Practice Management Wisdom

Top Five Tricks for Rehabilitating Old Transactional Agreements

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By Lauren Doucette

For many transactional attorneys, reusing an old operating agreement template or a buy-sell agreement from a prior deal years back is more appealing than starting from scratch.  But after hours of working in Microsoft Word to remove formatting flaws or wrestle with making similar sections uniform through styles, starting from scratch sometimes seems like a better solution.  Here are the top five tricks when trying to rehabilitate templates with unwanted formatting issues: Read More

Categories : Current Topics

Don’t Get Caught by a Phishing Scam: Basic Ways to Protect Yourself

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Implementing small precautionary steps can help protect you against the potentially enormous consequences of getting caught by a phishing scam. Phishing is the malicious practice of gathering personal information, such as bank account and credit card details, passwords and more, through deceptive emails, texts, phone calls or websites.[1] In a recent blog post by CaseyGerry attorney Alyssa Williams, she outlines a few basic ways to protect yourself, and what to do if your information has been phished: Read More

Categories : Current Topics Legal Ethics

The Marijuana Dilemma: Ethical Implications of Advising Business that Operates in Violation of Federal Law

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By Kelly Knepper-Stephens

Providing legal counsel to a California marijuana dispensary is a tricky business given the existing conflict between state and federal law.[1] The issues facing the marijuana industry require the same type of legal advice any business seeks: corporate law issues such as incorporation or partnership formation, contract law issues such as leases and purchase agreements, employment law issues, as well as criminal law considerations, to name a few.[2] Can an attorney ethically provide any of this needed advice, when the conduct of the business is illegal under federal law? Read More

Categories : Wisdom

Is It Time to Change Practice Areas?

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By Farah Hansen

You’ve been practicing law for five years. You’re sitting at your desk, working on a motion when you look out the window and think to yourself, “I’ve spent five years investing in this specific field of law, and I’m not really sure this is the type of law I should be practicing.” You briefly daydream about doing that nonprofit work you initially went to law school for. However, the idea of starting at the bottom or looking for another job sounds too daunting. So you push the thought to the back of your mind and get back to your motion. Read More

Categories : Technology

Cryptocurrency in the Law & Tax Considerations

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By Julie Houth

Cryptocurrency has recently caught the attention of the public and government regulators. Since then, most people have heard the term cryptocurrency and more specifically, Bitcoin. There are some people who believe it is a form of currency. Other people don’t know enough about it to have an opinion. Attorneys as legal advocates and advisers are confronted with the fact that some of their clients may own or would like to invest in cryptocurrency. This article is intended to provide a brief summary about cryptocurrency and the tax consequences that should be considered. Read More

Categories : Law Practice Management

5 Tips to Deposing an Expert Witness

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By John Gomez

Tip #1: Get all the Opinions
One good thing about deposing an expert is that you can do it, in theory, with virtually no preparation. All you need to ask is, “What are your opinions? What are the bases of your opinions?” Just keep repeating those questions and you are taking a basic, starter expert deposition. Repeat like a robot until the expert has expressed all of her opinions and their bases. Read More

Categories : Legal Ethics

Inadvertent Disclosure: The Evolution of an Ethics Rule

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By David Carr

Most attorneys are familiar with the ethical rules that govern our professional conduct to some degree. Most attorneys, however, don’t pay much attention to the processes that create ethical rules. There may be some tendency to take these rules for granted, to assume that they reflect such ancient verities that they must have always been around in some form.  In fact, written ethical rules for the legal profession are less than 200 years old and far from reflecting eternal truths, they have often changed with the times as the norms of the profession change. In California, they are in process of what might well be a very radical change. Read More

Categories : Wellness

The Vital Importance of Physical Exercise

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By Brent Kupfer

We intuitively know that we should exercise, yet few of us can articulate the reasons why. Certainly, there are many benefits, but this article focuses on two that are particularly relevant to the legal profession: (1) Exercise staves off burnout; and (2) exercise improves cognitive functions. Bonus: for those who are struggling to get moving, see the motivational tips included at the end of this article. Read More

Categories : Technology

Elementary Cybersecurity: 7 Basic Precautions Every Lawyer Should Consider

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By Bill Kammer

Most commentators believe that the bad guys are becoming more sophisticated while cybersecurity defenses are not keeping up with the threats. Our profession is vulnerable because many lawyers don’t like math and don’t benefit from in-house IT support or the resources of cybersecurity professionals. Lawyers continue to be soft targets in the possession of valuable financial and client material. We must reasonably try to avoid responsibility for losing that data, and those efforts should include these seven basic steps. Read More