I don’t know about you, but I didn’t go to law school to become a banker.[1] However, when you raised your hand to become an attorney, you agreed to abide by a 150-page manual of accounting principles that applies to client trust accounts called the Interest on Lawyers’ Trust Accounts (IOLTA).
In civil cases, parties can use Requests for Production of Documents (RFP) to obtain documents. There is no limit on the number of RFPs. Keep your RFPs in mind when drafting other discovery devices to avoid wasting limited Special Interrogatories or Requests for Admission.
Hello Members,
Feeling a little gloomy? I know I am! Unfortunately, May Gray was all too real, and June Gloom is staying true to its name. “Sunny” San Diego did not have one clear day in May, according to data from the National Weather Service, and it appears June will trend gloomy as well. So if you are feeling a little down, I encourage you to set an intention to do something that brings you joy. Whether that’s going to the beach, hanging out with a friend, going on a hike or trying something new, get out and do something lift your mood. If you’re not sure what to do check out the SDCBA’s Wellness Wednesday.
Judge Joel Wohlfeil is proud to serve the San Diego community as a judge; when you first enter his courtroom, this is evident. He has chosen to hang artwork in his courtroom which show important memories in his legal career. His chambers are filled with photographs of things he values including his family, his memorial to his father, and his legal career. One hallmark of his chambers is the Daily Journal article which featured him and his work ethic as a judge throughout his career. When you meet Judge Wohlfeil, you feel he values both his work as a judge and what he continues to do for the community.
Deputy District Attorney James D. Koerber has served as a public servant in California for almost 40 years. First, he served as a Deputy District Attorney in Riverside County. He then went on to advocate for San Diegans as a Deputy District Attorney for over 35 years. He currently works at the Major Violator Unit in the Superior Court Division of the San Diego County District Attorney’s Office. As a veteran prosecutor, he epitomizes what it means to be a public servant.
I am fascinated by the concept of imposter syndrome. I frequently do meditations on combating imposter syndrome and took an Insight Timer course on overcoming it. This concept was introduced in 1978 in an article titled “The Imposter Phenomenon in High Achieving Women: Dynamics and Therapeutic Intervention” by Pauline R. Clance and Suzanne A. Imes. Imposter syndrome refers to people who doubt their achievements, despite being accomplished. There is a real fear that they will be found out as a fraud and their achievements were based on luck and not hard work and skill.
By Valerie Silverman Massey
Imagine this scenario: Attorney is retained by Financier to represent Party. Attorney’s client is Party, but Attorney also has a financial relationship with Financier (who may be funding the representation and/or also funding any settlement or judgment).
By Heidi Weaver
Usually when I read an article or attend an event in the Wellness space, I come away with a to-do list of helpful action items that I have every intention of trying to implement in my busy life to improve my wellbeing. But we all know that adding stuff to your to-do list can be overwhelming, which can of course have a deleterious effect on your health and wellness.
Recently, the Delaware Court of Chancery has expanded the fiduciary duty of oversight to include corporate officers. This development arose from the Court of Chancery’s decision in In re McDonald’s Corp. Stockholder Derivative Litigation. Prior to this decision, it was unclear whether or not the duty of oversight applied to corporate officers in the same way it did to directors. However, that ambiguity is now resolved, and Delaware corporations will need to adjust their internal policies and procedures to reflect this expanded duty. As many of us here in California have clients who either are or are considering incorporating in Delaware, this is an important development to follow. This summary should give you a foundation to get started.
Nearly all new engagements for legal services should include a written agreement which spells out the terms and scope of the engagement, the fees to be charged and their means of computation if something other than a straight hourly or fixed-fee arrangement, the identity of the client, and any limitations on the engagement. When contingent fees are involved, Business & Professions Code section 6147 imposes a number of requirements, including a written agreement.
