September is here in full force, and we need to talk all things Mock Trial, Leadership Academy, and SDCBA Elections! Even though they both take place in 2022, deadlines are fast approaching for both programs that you don’t want to miss.
By Richard D. Hendlin
This Ethics in Brief article arises from a recent inquiry I received through the SDCBA Legal Ethics Hotline (phone: 619.231.0781×4145) involving an attorney who posed the hypothetical question of whether an attorney who represents a minor with a guardian ad litem [GAL] could ethically petition the superior court to remove the GAL who the attorney believes is not following the attorney’s advice and not acting in the minor’s best interests?
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
In case you were still blissfully enjoying your “endless” summer, here is your friendly Public Service Announcement that you’ve only got about three weeks left to soak in that summer sun. This week marks the start of September! The Pumpkin Spice Latte is already back at Starbucks. Halloween is in 62 days. Diwali is in 66 days. Thanksgiving is in 87 days. Hanukkah is in 90 days. Christmas is in 117 days. Kwanzaa is in 118 days. I count down to this time of year because Autumn is my favorite season, and Halloween is my favorite holiday.
As I dropped my son off for his first day of school today, he masked up without complaint, but said quietly to me, “I’m a little nervous inside my belly to see my friends. What if they don’t remember me?” I understood that completely. I was surprised at how nervous I was last week to reconnect with friends in person.
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
No trial attorney is perfect. Even the most prepared and experienced trial attorneys should expect their adversaries to attack not just their clients’ actions and inactions, but also claimed missteps by the trial attorneys themselves. This is especially evident in appeals, where parties regularly argue that issues have been waived or forfeited; that deadlines have bene missed; or decry alleged attorney misconduct in the trial court below.
The SDCBA’s fee arbitration program offers parties an opportunity to resolve fee disputes as an alternative to taking disputes to superior court. The fee arbitration is an informal, confidential, impartial, and lower-cost avenue for resolving fee disputes between attorneys and clients. Clients are able to have a neutral arbitrator hear fee disputes with their attorneys. The arbitrator determines whether fees and costs charged by the attorney are reasonable for the services provided. California Business Code section 6200 et seq. establishes a system and procedure for the arbitration of disputes concerning costs and fees charged for attorney professional services.
