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 …
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 …
Teamwork Makes The Dream Work: Lawyer in Same Firm Allowed To Submit Expert Affidavit On Behalf of Firm’s Client
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 …
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 …
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 …
A Slow Moving Storm is Brewing: Attorneys Should Expect an Uptick in Malpractice Claims, Just Not Right Away
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 …
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 …
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. …
Considerations For CPAs Dealing With Unpaid Fees
4/15/20
By: Nancy Reimer, Nicole Graham, Elizabeth Lowery, Zinnia Khan, and Caroline Wu
Many
Certified Public Accountants and accounting firms will likely be increasingly confronted
with collecting fees as the COVID-19 health crisis continues. In dealing with …
Ready Camera One: Remote Litigation in the Era of Social Distancing
4/7/20
By: Jennifer Adair, Jennifer Markowski and Andy Treese
Evaluating claims to move them towards resolution or trial is the lifeblood of a defense practice. This typically requires direct interaction with a plaintiff and key witnesses, either at deposition (to hear …
Will E&O Policies Protect Attorneys for Claims Arising Out of Remote Notarization During the COVID-19 State of Emergency?
4/2/20
By: Kathleen Cusack
As stay-at-home orders increase in number, duration, and severity across the country, many businesses have moved to remote functions to avoid business interruption and limit in-person contact. Most states, though, require that notaries public acknowledge the signing …
Facing Increased Cyber Threats Against Legal and Accounting Professionals During the COVID-19 Pandemic
3/24/20
By: Renata Hoddinott
Millions around the world have had their daily routines disrupted and a wide variety of companies are participating in the largest “work from home” mobilization in history. While the ability for professionals to work remotely is key …