If you live in San Diego, you may have noticed electric scooters scooting down or parked on sidewalks around the city. Attorney and DUI expert Eric Ganci recently addressed whether or not you can be charged with a DUI when riding one of these “e-scooters.” Note, the following only applies in California; laws may differ in other states.
By David Majchrzak
California lawyers have a seemingly simple charge when it comes to billing. Rule of Professional Conduct 4-200 precludes them from agreeing to, charging, or collecting an illegal or unconscionable fee. Yet, the conscionability of a fee is not always easy to determine. Despite that, there are myriad reasons to examine where that line is. Examining that rationale, in turn, leads to practices that lawyers may implement to produce and maintain good records.
By Bob Copeland
RULLCA and the Delaware Limited Liability Company Act and case law make it clear that LLCs are contractual relationships and the LLC acts provide great flexibility for parties in tailoring their relationship. Drafters of LLC operating agreements should certainly discuss the need for and possible terms of a mechanism for resolving disputes among the members with clients and the possible consequences if disagreement over continuing the business of an LLC arises and the parties are deadlocked and are left to the default provisions of the applicable LLC Act, including a possible involuntary dissolution proceeding overseen by a court. (And the courts, when asked to intervene, do so enthusiastically.)
By William Marshall
Contract drafting and review are central activities of a transactional attorney. However, rarely if ever does an attorney draft from scratch or have license to make unlimited changes during a review. Instead, the attorney starts with something on the page of varied quality and labors under time pressure to make it express the parties’ intent while nudging it this way and that in the negotiation process.
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.
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.
Check out this infographic to see how giving back can benefit your health:
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.
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
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.
