Tag: #newattorneys

Contact with Represented Persons by a Pro Se Lawyer

Contact with Represented Persons by a Pro Se Lawyer

By Shelly Skinner

On September 28, 2022, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 502, which addresses a pro se lawyer’s obligations under ABA Model Rule 4.2 (Communication with Person Represented by Counsel). This rule — often referred to as the skip counsel, no-contact, or anti-contact rule — prohibits a lawyer from communicating “about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order.”[1] Read More

Message from the Vice Chair

Message from the Vice Chair

Greeting NLD Members, 

Stephanie Pengilley here, your vice chair. I am looking forward to becoming the division’s chair in just a few short months. This year NLD has put on many successful and educational events. September was not short of events. Early in the month NLD hosted a speed networking event, where members were able to network with senior attorneys. At the end of the month, NLD co-sponsored a “Pathways to Careers in Criminal Law” panel with the Criminal Law Section. Speakers presented several opportunities on how to obtain jobs the criminal law field. By collaborating with other sections NLD has been able to offer more events to its members this year. Read More

Consider Post-Conviction Criminal Relief

Consider Post-Conviction Criminal Relief

By Laura R. Sheppard
Attorney at Law

When I passed the bar in 2009, the economy was in deep recession, and the public defender’s office where I had hoped to work (and most such offices statewide) froze hiring. I hung out my shingle, temporarily, I thought. Thirteen years later, I have always worked for myself, never straying from my mission of defending the criminally accused. I have helped over 150 incarcerated folks, mostly lifers in California prisons, gain their freedom. I’ve guided hundreds more along their journey towards freedom. Read More

Assembly Bill 2644: Juvenile Interrogations Reform Bill

Assembly Bill 2644: Juvenile Interrogations Reform Bill

By Claudia Salinas
California Innocence Project Staff Attorney Fellow

Picture this: you are cruising down California Highway 163 on a clear morning with your windows down, music blasting. You are driving to the gym, trying to hype yourself up for a killer workout to kick off the morning. Then, suddenly, you look in your rear-view mirror and see bright red and blue lights flashing. Your heart suddenly drops out of your chest and you quickly lower the music. Many thoughts race through your head: what did you do? What will the police officer say to you? And what can you do to expedite this unpleasant encounter as quickly as possible? The officer starts by asking you, “Do you know why I pulled you over?” You feel pressured to answer quickly and honestly. For most people, these series of questions come rapid-fire before you are sent on your way with a court date for a traffic infraction. The whole encounter feels like a blur, but you go on about your day. Read More

Settlement-Related Tax Issues that Litigators and Mediators Should Know About

Settlement-Related Tax Issues that Litigators and Mediators Should Know About

By Aaron Hughes
Hughes & Pizzuto, APC

Negotiations and settlements are an everyday occurrence in the legal profession. Tax implications are often overlooked in settlement discussions and negotiations yet often play a large part of the overall settlement. Read More

NLD Member Spotlight: Mark Simpliciano

NLD Member Spotlight: Mark Simpliciano

By Elijah Gaglio
Aguirre & Severson LLP

Mark Simpliciano is a resilient young attorney who is currently an Associate Attorney with Garcia Hong Law APC, a San Diego civil law firm that focuses on business litigation, employment, professional liability, legal ethics, and personal injury. With Mark’s experience in employment law, he has been given a more active role on handling some of the firm’s employment matters, which includes assisting business clients with consultation and formation.  Read More

Ethical Limitations on the Attorney “Overachiever”

Ethical Limitations on the Attorney “Overachiever”

By Mallory H. Chase

As an attorney seeking to advance your career, whether within a firm or within the legal community at large, you may feel the “overachiever” instinct to immediately accept any new assignments, cases, or opportunities within industry organizations. Taking on such additional commitments can be an effective means for motivated attorneys to set themselves apart. While “keeping your nose to the grindstone,” “burning the midnight oil,” or any other hardworking adage of your choice is arguably an occupational hazard of the legal profession, attorneys must remain mindful of their professional obligations and ethical limitations on stretching themselves too thin. Read More

Message from the Social Events Chair

Message from the Social Events Chair

September brings back-to-school excitement to many San Diegans, including law students at our three local law schools. For practicing attorneys, fall may be a return to work after weeks of vacation, or just a return to full calendars and caseloads. The SDCBA and the New Lawyer Division provide a variety of opportunities for lawyers to take a break from their busy schedules – or dive deeper into learning – with social events, CLE, and volunteer opportunities. Read More

The Toll of Declining Trust: Can America’s Faith in the Courts be Restored?

The Toll of Declining Trust: Can America’s Faith in the Courts be Restored?

By Sara Gold
Eastman IP

Less than half of Americans approve of the way the United States Supreme Court is handling its job, according to a July 2022 Gallup poll. Just prior to the Court’s landmark decisions this year in Dobbs, Kennedy and others, only a quarter of Americans reported having a “a great deal” or “quite a lot” of confidence in the Court, a historic low in Gallup’s 50-year survey. Read More

Tips from the Bar: Benjamin Cheeks

Tips from the Bar: Benjamin Cheeks

By Stephanie Pengilley
Bickel Sannipoli APC

Criminal defense lawyer Benjamin Cheeks, an attorney of nearly 20 years, says this profession “fell in his lap” while he was studying to be an engineer. He attended an engineering high school and then began college as an engineering major. In college, Cheeks took a course on the U.S. presidents, which addressed the United States constitution and how the early presidents interpreted it. From there he began taking more political science classes and eventually switched his major to political science and religious studies. Read More