Month: November 2022

Categories : For New Attorneys For the Record Law PracticeTags :

Ethical Considerations When “Specially Appearing” for Another Lawyer

On By sdcountybar

Ethical Considerations When “Specially Appearing” for Another Lawyer

By Alara T. Chilton

If you are a litigator, you have likely been in court and heard another lawyer enter her appearance by stating her name, followed by the phrase “specially appearing.” Or, perhaps you have received a telephone call from another lawyer who requests you “specially appear” at a hearing for a client you have never met. Such appearances are not uncommon in California Superior Court in both civil and criminal matters.  Read More

Categories : For New Attorneys For the Record Law PracticeTags :

Message from the Editor

On By sdcountybar

Message from the Editor

By Sara Gold

It has been my privilege and honor to produce For The Record as your editor-in-chief these past two years. This publication is uniquely founded on being created by new lawyers for new lawyers. Together, we have created more than 150 articles over the past two years tailored specifically to the needs, likes, and interests of our community. If you missed any past editions, you can visit our full archive.  Read More

Categories : For New Attorneys For the Record Law PracticeTags :

Is a Bumblebee a Fish? How Linguistics Can Help Lawyers Interpret the Law

On By sdcountybar

Is a Bumblebee a Fish? How Linguistics Can Help Lawyers Interpret the Law

By Thomas Livingston
Freeman Mathis & Gary LLP

Is a bumblebee a fish? This question, explored in a recent California ruling, exemplifies the importance of deciphering linguistics in interpreting the law. On this topic, the Appellate Practice Section of the San Diego County Bar Association hosted a Web CLE course on October 28, 2022, entitled: “Corpus Linguistics as a Tool for Appellate Advocacy.” The featured presenters were Tammy Gales, Associate Professor of Comparative Literature, Languages, and Linguistics at Hofstra University, and James Heilpern, Esq., Senior Fellow of Law & Corpus Linguistics at Brigham Young University Law School. The course focused on historic and ongoing issues with the traditional approach to linguistics in the law and how the use of corpus linguistics — the study of language through “corpora” or large bodies of data showing how words are used in a real-life context — provides judges and lawyers useful tools for statutory interpretation and appellate argument that more efficiently achieves the goal of having uniformity between the legal and textual meaning of language. Read More

Categories : For New Attorneys For the Record Law PracticeTags : 1 Comment

Tips from the Bench: Judge Daniel Goldstein

On By sdcountybar

Tips from the Bench: Judge Daniel Goldstein

By Matthew Spolsky
Ford, Haggerty, Walker & Behar

Walking into Department 1102 to appear before Judge Daniel Goldstein feels like someone is greeting you with a smile and a firm handshake. In the new courthouse the ceilings are high, the clerks and bailiffs get along well, and there are plants around to provide a uniquely San Diego feel. But when court is in session, the hard work begins. Judge Goldstein maintains this respectful atmosphere in his courtroom as he has throughout his life. Read More

Categories : Legal EthicsTags :

Implied Consent to Communicate with Represented Party in a Matter: May You Respond by the “Reply All” Email Tab Where Opposing Counsel’s Email to You Also Copies the Counsel’s Client?

On By sdcountybar

By Charles Berwanger

All of us have most probably received email communications from opposing counsel in a matter in which counsel’s client is shown as a “cc.” You have been waiting for the opportunity to at long last communicate with the client. You fear that opposing counsel has not communicated your settlement offer to the client and now may be the opportunity to communicate that offer by hitting the “reply all” tab. The settlement proposal is relevant to the substance of the email. However, you are concerned that such a communication may violate Rule of Professional Conduct 4.2 which proscribes communicating with a represented party without the consent of opposing counsel. Read More