Category: Law Practice

Ethics in Brief: The File Retention Puzzle

By: David C. Carr

One of the more vexing puzzles in legal ethics is the seemingly straightforward question: How long do I keep the client’s file after the representation ends? There is no bright-line rule. There is no rule because of the varieties of legal representation and the differing needs of those varieties of clients. Some areas of litigation, like unlawful detainer practice, involve relatively swift proceedings and a great degree of finality, veritable mayflies in the legal ecosystem. Other areas of practice include issues and proceedings that can span years and even decades, like criminal defense, estates and probate practice, and sometimes marital dissolution practice where the client’s need for the file may be indefinite. The starting point for solving this puzzle is recognition that the client file is the property of the client and file retention practices are part of the fiduciary duty to safeguard client property that the lawyer owes the client.  Read More

Mark Simpliciano Receives SDCBA’s Service by a New Lawyer Award

Mark Simpliciano Receives SDCBA’s Service by a New Lawyer Award

By Derek Dente

The San Diego County Bar Association has honored Mark Simpliciano of Garcia Hong Law APC with the 2025 Service by a New Lawyer Award, recognizing his outstanding commitment to service, mentorship, and community engagement within his first seven years of practice. Simpliciano’s journey is a testament to the power of representation, resilience, and giving back — values that have shaped both his life and legal career. Read More

If You Receive Information Which Could Be Opposing Parties’ Attorney-Client Communication, Stop Reading

If You Receive Information Which Could Be Opposing Parties’ Attorney-Client Communication, Stop Reading

By Andrew Servias
Partner at Rosing Pott & Stohbehn

In 2018, the California Supreme Court approved Rule 4.4 of the California Rules of Professional Conduct providing:  Read More

The Great California Court Website Conundrum

The Great California Court Website Conundrum

By Stephanie S. Germani, Esq.
Germani Law

Have you ever tried to navigate the websites of California’s superior courts? It’s like stepping into a funhouse where every turn leads to a different layout, and you’re left wondering if you accidentally entered a parallel universe. One court might let you download case files for free, while another—looking at you, Orange County—charges exorbitant fees per page! I mean, who decided that getting access to public records should feel like trying to buy concert tickets? Read More

Tips From the Bar: Didn’t Pass the February 2025 California Bar Exam? You’re Not Alone – and You’re Not Defeated

Tips From the Bar: Didn’t Pass the February 2025 California Bar Exam? You’re Not Alone – and You’re Not Defeated

By: Robert K. Shawhan
Associate Attorney at Klinedinst PC


Didn’t pass the February 2025 California Bar Examination? Welcome to the club.  Read More

The SDCBA’s Exchange on Equity: Anti-Racist Book Club Inspires Dialogue and Action

The SDCBA’s Exchange on Equity: Anti-Racist Book Club Inspires Dialogue and Action

On May 5, the San Diego County Bar Association’s Diversity, Equity, and Inclusion (DEI) Division hosted its latest Exchange on Equity Roundtable: Anti-Racist Book Club, drawing members from across the legal community for an evening of candid conversation, shared learning, and literary inspiration. Held virtually, the event invited participants to recommend and discuss books, films, and television that have shaped their understanding of racism, justice, and the ongoing struggle for equity. Read More

Message from the Board — May 2025

Message from the Board — May 2025

By Stephanie S. Germani, Esq.
Germani Law

Hello friends,

As I write my first “Message from the Board” as co-editor-in-chief of For The Record, I’m reflecting on the power of journalism and the importance of making your voice heard. My own journey began in my bedroom with a dot-matrix printer, churning out “The Alternative” when my high school newspaper wouldn’t publish stories that mattered to students. That early experience taught me that when something is important, you sometimes have to create your own platform to share it. That lesson — that words can spark change — has stayed with me, guiding my path from my bedroom newsroom, to editing a newspaper with a 50,000 daily circulation, to opening my own law office where I try to balance the rights of landlords and tenants. Read More

Mindful Minute: Compassion Fatigue vs. Burnout

By: Koryn Sheppard

Compassion fatigue—also known as secondary stress reaction, secondhand shock, secondary traumatic stress, or vicarious trauma—refers to the physical, emotional, and psychological toll of helping others experiencing stress or trauma. It often stems from working in high-stress environments. Compassion fatigue fundamentally alters one’s worldview due to repeated exposure to trauma and can result in a blunted or inability to feel compassion.  Read More

Volunteer with NLD at the 41st Annual Children’s Book Party 

Volunteer with NLD at the 41st Annual Children’s Book Party 

By Shubhra Sharma, Esq.
Witham Mahoney & Abbott, LLP

As the Co-Chair for NLD’s Community Outreach events, I would like to invite you to participate in the 41st Annual Children’s Book Party, taking place on Saturday, April 26, 2025, between 7:00 a.m.and 10:30 a.m., at the Spreckels Organ Pavilion in Balboa Park. This impactful event, led by Roosevelt Brown, has promoted literacy and community engagement for over four decades. Mr. Brown was recently honored with a medal of recognition for his lifelong dedication to this cause. Read More