Arbitration Clauses in Legal Engagements Are Not Per Se Void
9/17/20
By: Dana Maine Joining with most other jurisdictions, the Georgia Supreme Court affirmed a Court of Appeals decision finding that arbitration clauses in attorney engagement agreements are not against public policy and clarified the burden of persuasion for demonstrating procedural unconscionability in Innovative Images, LLC v. James Darren Summerville, et al., (Sept. 8, 2020). In…
Avoiding Implied Attorney-Client Relationships with Individual Members of Small Companies
9/15/20
By: Jennifer Weatherup Where an attorney represents a partnership or entity, there is the potential for him or her to create an implied attorney-client relationship with its individual members, imposing a duty of care that the attorney may not be prepared to satisfy. This risk is particularly strong with small entities and partnerships, and attorneys…
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states that all statute of limitations for civil causes of action are tolled from April 6,…
How CPAs Can Minimize Liability When Assisting Clients With PPP Loan Forgiveness
7/21/20
By: Nancy Reimer and Elizabeth Lowery The CPA’s client received funds from the Paycheck Protection Program (“PPP”) under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and is asking if and how they will qualify for PPP loan forgiveness. As of this date, there is uncertainty over some of the program details and businesses…
Are “Flat Fees” For Legal Services Okay in California?
7/15/20
By: Greg Fayard Many lawyers in California charge their clients “flat fees.” That is, immigration lawyers, criminal defense lawyers, bankruptcy and estate planning lawyers, and patent lawyers all routinely charge “one price” for all services, regardless of the time it took the lawyer to do the work. Under the old rules of Professional Conduct for…
When Laws Conflict: What Ethics Rule Applies to a California Lawyer Advising On Cannabis?
6/30/20
By: Greg Fayard It goes without saying that a lawyer—from California or elsewhere—shall not counsel a client to do something illegal. But what about a state law that conflicts with a federal law? For example, federal laws that criminalize the use of marijuana and state laws that don’t criminalize marijuana–how should the lawyer advise a…
6/30/20
By: Gregory Blueford In a case of first impression, the Georgia Court of Appeals reversed a trial court’s order granting a motion to dismiss after determining the trial judge improperly dismissed the case because the expert affidavit in support of the complaint was written by a law partner of the filing attorney. Plaintiff David Mitchell…
How Should a California Mediator Deal With An Unrepresented Party?
6/17/20
By: Greg Fayard Most California mediators are lawyers. When mediator-lawyers handle a mediation where one party does not have a lawyer, the lawyer-mediator has to treat that pro per party differently than a party who has a lawyer. Specifically, if the mediator suspects the unrepresented party does not understand the role of a mediator as…
Law Firm Falls Victim To E-Mail Scam – Loses Appeal Following Allowance Of Summary Judgment
5/28/20
By: Marc Finkel In 2019, the United States Treasury Department released statistics detailing the number of reported business email compromise incidents over a three- year period. The number of monthly incidents increased exponentially over those three years from approximately 500 reported incidents per month in 2016 to over 1,100 reported incidents per month in 2018. …
5/22/20
By: Anastasia Osbrink Many attorneys are wondering whether to expect an increase in legal malpractice claims when courts – and society at large – begin to reopen. Such an increase would follow the pattern seen with previous economic declines. For instance, after the 2008 Great Recession, there was a significant increase in legal malpractice claims.…
Massachusetts Enacts Legislation Authorizing Virtual Notarization During COVID-19 State of Emergency
4/30/20
By: Jennifer Markowski On April 27, 2020, Governor Baker signed into law An Act Providing for Virtual Notarization to Address Challenges Related to COVID-19 (the “Virtual Notarization Act” or the “Act”). In doing so, Massachusetts joins a number of other states, including Rhode Island, Pennsylvania, Connecticut, New Jersey, New York, New Hampshire and Georgia (among…
Federal District Court Slashes Attorney’s Fees Claim
4/24/20
By: Nancy Reimer and Adrianna Michalska Finding “pervasive shortcomings” in its billing entries, the U.S. District Court for the District of Massachusetts recently slashed a law firm’s fee request by seventy percent. In Covidien LP and Covidien Holding Inc. v. Brady Esch, C.A. No. 16-12410-NMG (D. Mass. April 17, 2020) Covidien’s counsel sought $2.7 million…