Month: June 2022

Legislature Chills Non-Lawyer Participation in Providing Legal Services

By David C. Carr

Independence is often referred to as one of the core values of the legal profession. This value is reflected in American Bar Association Model Rule 5.4, entitled “Professional Independence of A Lawyer.” Model Rule 5.4(a) provides that a “lawyer or law firm shall not share legal fees with a non-lawyer …” with some narrow exceptions. Model Rule 5.4(b) forbids a lawyer from forming a partnership with a non-lawyer “if any of the activities of the partnership consist of the practice of law.” Subsection (c) of the Model Rule states that a “lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.” Finally, Model Rule 5.4(d) says that a lawyer may not practice in the form of a professional corporation or other association if a non-lawyer holds any interest in the entity, is a director or similar member of the control group, or otherwise has the right to control the professional judgment of the lawyer. The rationale is that non-lawyers, unbound by the lawyer’s professional obligations, may make decisions that are not in the clients’ best interest in the name of more profit for the business entity. Read More

“Nurture strength of spirit to shield you in sudden misfortune.”

By Amy J. Lepine

This single line from Desiderata expresses the basic reason I practice at wellness. The habits that we cultivate in our lives, whether consciously or not, are very powerful. Most often, we are not aware of the patterns of the mind. We’ve developed shortcuts for our perception that rob us of the true import of the moment. But in the same way, developing positive habits that bring us back to the present moment can erase those tendencies and bring us closer to reality, and wellbeing. Read More

Can A Lawyer Respond to a Negative Online Review? 

By Anne M. Rudolph

The business of being a lawyer is not unlike other businesses in the sense that we rely on satisfied customers (clients) to establish, build and maintain a successful practice. Word of mouth and recommendations are an integral part of that process. In the modern age, online review sites have become ubiquitous. Avvo, Google, Martindale-Hubbell, and Yelp, are some of the most well-known on which someone can post a review of a lawyer’s services.  Read More

Message from the Social Events Chair

Message from the Social Events Chair

By Hannah Theophil

Hello all:

My name is Hannah Theophil, and I am honored to serve on the New Lawyer Division’s Executive Committee where I help organize networking and social events for new lawyers in the greater San Diego area. I graduated from Northeastern University School of Law in 2019 and moved from Boston to San Diego shortly thereafter to begin practicing law. I am in my second year of practice. Read More

Ethical Constraints on Referrals of Legal Work

Ethical Constraints on Referrals of Legal Work

By Carole J. Buckner

Whether you are a new lawyer or highly experienced in the practice of law, referrals of legal work are central to developing a successful law practice. This article addresses some of the important ethical considerations in giving and receiving referrals of legal work.  Read More

Thinking Out Your Wheelhouse: How Your Practice May Implicate Consumer Protection Laws

Thinking Out Your Wheelhouse: How Your Practice May Implicate Consumer Protection Laws

By Nick Barthel
The Law Office of Barthel & Barthel

As a practicing attorney, most of us operate solely within our niche. We become masters of our wheelhouse and we rarely venture outside of it, except for when the occasion family member is seeking free legal advice. We come to thrive within the one or two areas of law that we practice on a regular basis. Read More

Plan, Prepare, Prevail – Bar Prep Tips For Every Kind of Test Taker

Plan, Prepare, Prevail – Bar Prep Tips For Every Kind of Test Taker

By Stephanie Germani
Attorney at Law

When John H. Wilson first took the California bar exam in 2008, a 5.4 magnitude earthquake rumbled through the Ontario convention center, sending him scrambling under the table for cover. Read More

Why It’s Never Too Early to Plan for Your Estate: Three Important Documents You Need Now

Why It’s Never Too Early to Plan for Your Estate: Three Important Documents You Need Now

By Linda Nelte
Miller, Monson, Peshel, Polacek & Hoshaw LLP

Only 24% of Americans ages 18-34 and 27% of Americans ages 35-54 have estate planning documents according to a recent survey. Why are so many young Americans without estate plan documents? In Caring.com’s recent survey, a large number of respondents (40%) indicated that they have simply not gotten around to it. Other reasons cited included not having enough assets to leave to anyone (33%), not knowing how to get a will or a living trust (12%), or believing estate plan documents are too expensive to set up (13%). Read More

How Revealing My Mental Health Challenges Strengthened My Career

How Revealing My Mental Health Challenges Strengthened My Career

By Julie Thorpe-Lopez
Tatro & Lopez LLP

My name is Julie Thorpe-Lopez, and I’m a trial attorney specializing in representing victims of elder abuse. Prior to practicing law, I was a social worker. I changed professions because I wanted to have a more powerful impact on protecting vulnerable populations. I love the law, and I would not trade being a litigator for any other profession. I love trial work, and there is nothing more gratifying than protecting elders from abuse. But, as a new lawyer almost 15 years ago, I was unprepared for the constant pressure and stress that is built into the legal profession. Read More