Professional Practice Civil Procedure Civil Remedies

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A Judgment Cannot Not Lie Against Attorney Who is a Non Party

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

Blog: Should Attorneys Be Paid for Litigating Their Fee Requests? Supreme Court to Decide if Fee Defense Is a ‘Cost of Doing...

In a decision that will have profound implications for insolvency professionals of all types, the U.S. Supreme Court has agreed to hear an appeal of the 5th U.S. Circuit Court of Appeals’ decision that Section 330 of the U.S....more

Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction

New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or...more

Offers of Judgment – Can They Shift Fees?

A recent Resource Conservation and Recovery Act (“RCRA”) lawsuit may offer some additional guidance on when offers of judgment may cut off a party’s right to recover attorneys’ fees and costs under environmental laws....more

Are "pro hac vice" counsel entitled to recover costs?

In Kalitta Air LLC v. Central Texas Airborne System Inc., 2013 DJDAR 16393 (2013), the Ninth Circuit Court of Appeals decided a unique issue which other federal circuits have reached different conclusions on. The main issue...more

Business Court Awards $38,000 In Fees For Opposing Party's Failure To Comply With Discovery Order

Have you ever billed a client nearly $65,000 for pursuing a motion to compel? Maybe you routinely handle mega-cases and you aren't goggled by the size of that kind of fee But that was the amount of the fee sought last month,...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

Woodland Hills Attorney Barry P. Goldberg warns his colleagues to have believable and accurate time records or risk receiving no compensation whatsoever from a reviewing court. Since the California Court of Appeal did not...more

Civility in the Practice of Law: PART THREE: CIVILITY BETWEEN LAWYERS AND JUDGES

The past two weeks I discussed the issues of civility between lawyers and civility between parties. If incivility exists between lawyers or between parties, this dynamic can be changed by a desire to do so; and either way,...more

Criminal Court System

The following contains some pertinent information that might be of help to you as you become involved in the criminal justice system as a victim or witness. Apprehension and Arrest of the Accused There are three basic...more

Deciding to represent yourself (pro se) in litigation or bankruptcy is risky business.

If you plan to represent yourself (pro se) in a legal proceeding or are considering whether you need to engage an attorney or not, then you want to give this post a read (and have your dictionary ready for the end)! Contact:...more

Information on Appeal Procedures for Unlimited Civil Cases (Appellate)

Information on Appeal Procedures for Unlimited Civil Cases (Appellate)...more

Okay, We Swallowed the Kool-Aid and We Are Using Alternative fee Arrangements, But Do We Still Need to Keep Track of Time?

As alternative fee arrangements continue to snowball and gain real popularity, as law firms get their arms around the subject, they are getting down to a fundamental series of basics. One question that has come up, rather...more

Pro Per Living Trust Beneficiary v. Sibling Beneficiary Trustees

Petition Determine Validity of Trust, Accounting, Remove Trustees, Breach of Trust

PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; SUSPEND AND REMOVE CO-TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEE; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE...more

Presenting Dispositive Motions to the Court, The Judge's Perspective

This is a discussion of the ideal form for motions, responses, proposed orders, and presentations in oral hearings for a litigant. These are my opinions based on my extensive litigation practice, as well as my time on the...more

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