Category: Law Practice

Categories : For New Attorneys For the Record Law PracticeTags :

Message from the Continuing Legal Education Chair of NLD

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Message from the Continuing Legal Education Chair of NLD

Hello all:

I am honored to serve on the New Lawyer Division (NLD) Executive Committee where I help organize continuing legal education presentations for new lawyers in San Diego area. I graduated from California Western School of Law in 2018 and I am Senior Counsel at Gordon Rees Scully Mansukhani LLP. I am in my fifth year of practice. Read More

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Tips from the Bench: Judge Herbert Exarhos

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Tips from the Bench: Judge Herbert Exarhos

Interview by Matthew M. Spolsky, Esq.

If you have the chance to have a case in the East County Courthouse you may hear the legend of Judge Herbert Exarhos. Judge Exarhos rides his motorcycle to work every day and has been a pillar of the East County Courthouse since 1993. He loves serving the community and does not see retirement in his future. Read More

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Evaluating Capacity: Trusts, Wills, and Conservatorships

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Evaluating Capacity: Trusts, Wills, and Conservatorships

By Linda Nelte, Esq.
Miller, Monson, Peshel, Polacek & Hoshaw

Could lawyers have greater exposure to legal malpractice claims as the baby boom generation, the largest proportion of the U.S. population, starts to age? Unfortunately, the risk of Alzheimer’s and other dementias increases when an individual is age 65 and older. In 2020, the number of people living with Alzheimer’s in the U.S. was 5.8 million. This number is projected to increase to 13.8 million in 2050. This suggests that attorneys will likely encounter more situations in the future in which they need to assess whether clients have legal capacity to create estate plans and enter into legal transactions. Read More

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Fresh Eyes May Require Fresh Disclosures

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Fresh Eyes May Require Fresh Disclosures

By Mallory H. Chase

Whether newly admitted or highly experienced, working in a small firm or a large firm, or practicing in litigation or transactional law — an attorney in a law firm is likely to become involved in the handling of an existing matter for a firm client at some point. In the process of becoming familiar with the history of the file, the newly added attorney may find they are acting as a Monday morning quarterback, which may include questioning the positions and actions of others involved in the litigation, including the opposing party, other counsel, the Court — or perhaps another attorney within their own firm. When concerns arise regarding this latter category, attorneys must remain mindful of their professional obligations and the ethical limitations pertaining to client disclosures and conflicts of interest. Read More

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NLD Member Spotlight: Alison Adelman

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NLD Member Spotlight: Alison Adelman

By Daniela Lagunas
Schwartz Semerdjian Cauley & Evans LLP

Alison Adelman, Esq., juggles many priorities as a practicing attorney and a new mother. Adelman is an attorney at the San Diego office of Ogletree Deakins. Her practice primarily focuses on employment defense cases, including harassment, discrimination, and retaliation claims. She appreciates the delicacy and complexity of her cases.  Read More

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Message from the Chair of the NLD

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Message from the Chair of the NLD

Happy New Year NLD Members!

Stephanie Pengilley here, NLD’s Chair for the 2023 year. I am excited for what this year holds and the events that are to come. Last year, NLD coordinated several engaging events and received the SDCBA’s Section Recognition and Achievement certificate for Variety of Activities. As Chair, I hope to continue NLD’s accomplishments of putting on intriguing and thoughtful events. Read More

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Reviewing Rule 4.2’s “No Contact” Rule Prohibiting Communication with a Represented Person Without that Person’s Lawyer’s Consent

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By Richard D. Hendlin

This Ethics in Brief will focus on the venerable “no contact” rule set forth in California Rules of Professional Conduct [CRPC] Rule 4.2 which had its origin in the first rules promulgated in 1928.[i] Read More

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Ethical Considerations When “Specially Appearing” for Another Lawyer

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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

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Message from the Editor

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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