Category: Law Practice

Debunking Three Common Trademark Myths and Understanding the Benefits of Trademarking

Debunking Three Common Trademark Myths and Understanding the Benefits of Trademarking 

By Jasmine K. Bond, J.D.
Thomas Jefferson School of Law Class of 2024

For any entrepreneur looking to protect their brand name or logo, three common trademark myths must be debunked. Along with clearing up these misconceptions, I offer a few tips when navigating the trademark process. Read More

Legal Ethics for New Lawyers: Do Not Be Drawn Into Criminal Activity: Guidance from ABA Formal Opinion 513 

Legal Ethics for New Lawyers: Do Not Be Drawn Into Criminal Activity: Guidance from ABA Formal Opinion 513 

By Edward J. McIntyre

The last thing a lawyer wants to learn is that the lawyer has been providing legal services to a client who has used those services to commit fraud or a crime. No lawyer wants to have to deal with a grand jury subpoena, or have a couple of FBI agents on the doorstep. At the same time, we all need clients with problems who come to us looking for solutions. Read More

Ethics in Brief: The Ethical Pitfalls of Mixing Romance with Legal Representation

By: Alara T. Chilton

As a lawyer, you may question the prudence of representing someone with whom you are romantically involved. Even if the relationship is going well, and you are confident in your competence to handle the representation, you may be concerned about the ethical considerations. Upon conducting some research you discover:  Read More

DEI Drop: California Native American Day: Honoring Resilience and Confronting Invisibility  

By: Angela Medrano

The fourth Friday of this month, we celebrate California Native American Day. The date has been well known among the California Tribal community for decades — commemorated with community events and closed Tribal government offices. The day was first recognized in 1939 when Governor Culbert Olson dedicated October 1st as “Indian Day.” Twenty-nine years later in 1968, Governor Ronald Reagan declared the fourth of September as “California Indian Day.” It was not until another 30 years, that the day became an official State holiday under Governor Pete Wilson. Then in 2021, legislation passed marking the date as an official judicial holiday.  Read More

Ethics in Brief: Have You Been Charged or Convicted of a Misdemeanor or Felony? Beware: Your License to Practice Law May be at Risk

By David C. Carr

A lot of business before the State Bar Court consists of dealing with lawyers convicted of crimes. It is an area that does not receive a lot of attention from the public or even lawyers. These so-called “C” cases (after the letter that appears in the middle of the case designation after the year) travel down a different procedural path than “O” cases, cases that result from complaints filed with the Office of Chief Trial Counsel (OCTC) of the State Bar, or other information acquired by the OCTC that leads to the opening of an investigation.  Read More

Mindful Minute: A Walk in the Park

By Heidi Weaver

The dictionary definition of “a walk in the park” is “something that is easy to do.” So why did I build this activity up in my mind as a big, time-consuming commitment? By way of context, there is a beautiful, green, shady park in my neighborhood that I always say I will go to, but hardly ever do. This is silly seeing as I live so close to this park that when live bands play there on hot summer nights, I can hear the music from my front porch. I even end up walking past it on my way to practically everywhere else in the neighborhood. When I do, I usually turn my head and gaze off longingly in the direction of the people enjoying themselves. There they are mere feet away, doing blissful park things like picnicking on a blanket, balancing on a tree tightrope, throwing a frisbee, pushing a toddler on a swing, or laying on the grass doing absolutely nothing. Watching these fortunate park souls, I always think to myself, one of these days I really need to carve out some time to go to the park.  Read More

Tips from the Bench: Hon. Eugenia Eyherabide

Tips from the Bench: Hon. Eugenia Eyherabide

By Lin Nguyen
California Western School of Law 
Class of ‘25

Growing up in Bakersfield, California, Judge Eugenia Eyherabide’s interest in the law was sparked during her time working at the San Diego County District Attorney’s Office between finishing her undergraduate career and starting law school. During her work breaks, she would watch cases unfold in the courtroom. It was then that she knew she wanted to become an attorney.

Judge Eyherabide attended California Polytechnic State University, San Luis Obispo. After taking a year off to work at the DA’s Office, she went on to attend Santa Clara University School of Law. She fondly recalls her time in law school, particularly enjoying her constitutional law and criminal law courses. Read More

Message from the Co-Editor in Chief

Message from the Co-Editor in Chief

By Lillian Glenister, Esq.
Judicial Law Clerk at the U.S. District Court for the Southern District of California

Happy August, New Lawyer Division members! I hope you are having a great summer so far. As Co-Editor in Chief of For the Record, I want to thank you for reading and your continued support of our publication.  Read More

What to do After Receiving a Civil Notice of Appeal

What to do After Receiving a Civil Notice of Appeal

By Megan McDonald
Lewis Brisbois

Imagine this: You are a civil attorney, and your client finally receives a favorable ruling on a hard-fought motion in state court. You excitedly call your client and celebrate with your colleagues. You relax your shoulders knowing all is well, at least for the day. Read More

Legal Ethics for New Lawyers: Client Confidentiality and Listservs: How Much Can You Say to Obtain Professional Assistance? 

Legal Ethics for New Lawyers: Client Confidentiality and Listservs: How Much Can You Say to Obtain Professional Assistance? 

By Valerie Silverman Massey Chief Deputy City Attorney for the City of San Diego – Ethics & Compliance Unit 

The American Bar Association (ABA) recently published an ethics opinion addressing the use of listservs to seek assistance regarding a legal issue on behalf of a client.i While some have pondered why the ABA would choose to address this antiquated modality in 2024, the rationale behind the opinion is nonetheless useful when assessing the application of Rule 1.6 (client confidentiality) to more current modes and methods of communication for seeking assistance on behalf of a client. (CA Rules of Professional Conduct, Rule 1.6.)  Read More