Tag: #newlawyerdivision

Evaluating Capacity: Trusts, Wills, and Conservatorships

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

NLD Member Spotlight: Alison Adelman

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

Ethical Considerations When “Specially Appearing” for Another Lawyer

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

Message from the Editor

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

Is a Bumblebee a Fish? How Linguistics Can Help Lawyers Interpret the Law

Is a Bumblebee a Fish? How Linguistics Can Help Lawyers Interpret the Law

By Thomas Livingston
Freeman Mathis & Gary LLP

Is a bumblebee a fish? This question, explored in a recent California ruling, exemplifies the importance of deciphering linguistics in interpreting the law. On this topic, the Appellate Practice Section of the San Diego County Bar Association hosted a Web CLE course on October 28, 2022, entitled: “Corpus Linguistics as a Tool for Appellate Advocacy.” The featured presenters were Tammy Gales, Associate Professor of Comparative Literature, Languages, and Linguistics at Hofstra University, and James Heilpern, Esq., Senior Fellow of Law & Corpus Linguistics at Brigham Young University Law School. The course focused on historic and ongoing issues with the traditional approach to linguistics in the law and how the use of corpus linguistics — the study of language through “corpora” or large bodies of data showing how words are used in a real-life context — provides judges and lawyers useful tools for statutory interpretation and appellate argument that more efficiently achieves the goal of having uniformity between the legal and textual meaning of language. Read More

Tips from the Bench: Judge Daniel Goldstein

Tips from the Bench: Judge Daniel Goldstein

By Matthew Spolsky
Ford, Haggerty, Walker & Behar

Walking into Department 1102 to appear before Judge Daniel Goldstein feels like someone is greeting you with a smile and a firm handshake. In the new courthouse the ceilings are high, the clerks and bailiffs get along well, and there are plants around to provide a uniquely San Diego feel. But when court is in session, the hard work begins. Judge Goldstein maintains this respectful atmosphere in his courtroom as he has throughout his life. Read More

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