Can a California Supervising Lawyer Be Disciplined for an Associate’s Misconduct?
6/28/19
By: Greg Fayard
The answer to this question is yes, in certain circumstances. This is a change under the current rules of professional conduct for lawyers compared to the prior rules, which expired last October 31, 2018.
Rule 5.1 says …
Fourth Circuit Affirms $61 Million TCPA Judgment
6/18/19
By: Matt Foree
The United States Court of Appeals for the Fourth Circuit recently affirmed a judgment based on a jury verdict of over $61 million for illegal telemarketing calls made under the Telephone Consumer Protection Act (“TCPA”). As a …
Avoiding Legal Malpractice Tip: Don’t Sue Your Client For Fees
6/17/19
By: Greg Fayard
Sometimes clients don’t pay their attorneys’ fees. Should the unpaid lawyer sue his or her client for owed legal fees? While the lawyer certainly has the right to file suit, a lawsuit against a client can trigger …
The State Bar of California Moves to Suspend Michael Avenatti’s Law License
6/11/19
By: Paige Pembrook
On June 3, the State Bar of California filed a petition to place attorney Michael Avenatti – infamous for his past representation of Stephanie Clifford (a.k.a. Stormy Daniels) and his own present legal woes – on involuntary …
Avoiding Legal Malpractice Tip: Do Stuff Early
5/31/19
By: Greg Fayard
Missing deadlines is a common source of lawyer malpractice. A blown statute of limitations can be most problematic, as the malpractice case focuses on the value of the underlying case (damages). A missed deadline usually is caused …
HOAs and COAs increasingly confront owner challenges to regulation of short-term rental
5/28/19
By: Justin Boron
By now, it’s clear that short-term rentals are neither a passing fad nor the high-minded pretense that underpinned their growth—laid-back homeowners who connect through an online platform with other like-minded individuals just looking for a place to …
Avoiding Legal Malpractice Tip: Document, Document, Document
5/24/19
By: Greg Fayard
“Boy, I wish that was in writing!”
Having defended scores of attorneys over the years, more often than not, I wish my lawyer-client had either better documented his or her file, or memorialized a key conversation. It …
It is Time to Clean House – The Client Break-Up
5/8/19
By: Nancy Reimer
The end of tax season is an opportune time for certified public accounting firms to review their client roster to ensure existing clients are a good fit with the firm’s mission and culture. CPA’s are taught to …
California Attorneys Who Fail to Comply with the State Bar Re-Fingerprinting Rule Risk Monetary Penalties and License Suspension
4/30/19
By: Paige Pembrook
April 30, 2019 marks the initial deadline for California attorneys to comply with California Rules of Court, Rule 9.9.5—the rule that requires attorneys to re-submit fingerprints to the State Bar so the Bar can obtain records regarding …
Engagement Letters Can Reduce The Risk of a Legal Malpractice Claim
4/26/19
By: Greg Fayard
Lawyers often ask: what can I do to reduce the risk of a legal malpractice lawsuit? They can do several things, but a clear, narrowly-tailored engagement letter can certainly help decrease the risk of a claim. Here …
Georgia Court of Appeals Provides Guideline for Drafting Enforceable Exculpatory Clauses in Georgia
4/23/19
By: Bart Gary and Jake Carroll
Exculpatory clauses are terms in a contract that shift the risk of loss to the other party or a third-party, or attempt to limit one’s obligations under a contract. A typical exculpatory clause is …
Revisiting the Applicability of the Entire Controversy Doctrine to Legal Malpractice Claims
4/2/19
By: Nicole Graham
The New Jersey Supreme Court recently revisited the applicability of the entire controversy doctrine as it relates to legal malpractice claims. In Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C., 2019 N.J. LEXIS 272, …