Sharing Custody When Parents Don’t Share Religion

A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses…more
| Constitutional Law, Family Law

3 Reasons to Draft Fair Contracts

An attorney drafting an agreement has an obligation to represent the client zealously and to prepare a contract that maximizes the client’s legal and business advantages. But does this mean that an attorney may include…more
| Commercial Law & Contracts, Law Practice Products & Services

The “Opening the Door” Fallacy

It is a popular fallacy that if testimony is given on a subject during direct examination, this will “open the door” to unrestricted cross-examination about that matter; making evidence admissible that would otherwise be…more
| Civil Procedure, Criminal Law

Incoming! 5 Ways to Prepare for Discovery Requests

Your discovery plan shouldn’t be all about what you’re requesting from the other side—it should also anticipate and prepare for the discovery you expect to receive. Here are five things to do before discovery requests…more
| Civil Procedure

7 Suggestions for Your Next Voir Dire

Maybe you’ve been doing voir dire the same way for years, or maybe it’s your first time. Either way, check out these proposals for your next voir dire…more
| Civil Procedure, Constitutional Law, Criminal Law

Don’t Let Clients Push You Too Far

Yes, you have a duty to represent your client zealously. But don’t let your zeal for your client’s case trump your duty to prosecute only meritorious cases. It won’t fly to say, “My client made me do it.” Your duty to the…more
| Civil Procedure

4 Defenses to Employee Defamation Claims

The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear in…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law, Personal Injury

When Someone Else Is Paying Your Fees

When, in a noncontingent matter, a third party is paying all or some of the attorney fees for your client, do you know how to deal with the issues that can arise? Short answer: Address them upfront in your fee agreement. Here…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Perpetual Motion for the Rule Against Perpetuities

The court giveth, and the court taketh away. In Sefton v Sefton (2015) 236 CA4th 159, the court of appeal reaffirmed its earlier decision that the former common law presumption in favor of nonexclusive powers would continue…more
| Civil Procedure, Wills, Trusts, & Estate Planning

Can a Tenant Be Evicted for Using Medical Marijuana?

We don’t yet have an officially reported case in California on whether a landlord has the right to get a court order declaring a lease terminated and evicting the tenant based solely on the tenant’s use of medical marijuana. And…more
| Health, Real Estate - Residential, Real Estate - Commercial

5 Ground Rules to Explain to Your New Client

The initial interview with a prospective client is the time to explain the ground rules of the attorney-client relationship. Here are five rules to make sure you cover…more
| Law Practice Products & Services

Ten Things Every New Lawyer Should Know (Part 2)

Continuing from the most recent CEBblog™ post, here are five more things new lawyers need to know. 1. Know your place. If you’re the newest lawyer in your firm, others with more seniority and experience expect a certain…more
| Law Practice Products & Services

Ten Things Every New Lawyer Should Know (Part 1)

When law firm partners meet to discuss business, the subject often turns to common mistakes made by new attorneys. Here are ten typical mistakes to avoid when you’re trying to get your legal career off to a great start…more
| Law Practice Products & Services

Avoid the Dangers of Missing E-Data

Most discovery requests will require production of electronic data. Even if you’re tech savvy, it’s better not to go it alone because the sanctions for missing something can be huge, as Delta Airlines and defense counsel in a…more
| Civil Procedure, Electronic Discovery

Your Employees Are Probably Doing It, So Have a BYOD Policy

People today can (and do) work from anywhere—connected through the Internet, WiFi, and cloud-based platforms with a variety of mobile devices. This makes preventing confidential and proprietary business information from “walking…more
| Labor & Employment Law, Privacy
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