The “Two Hats” Rule for California Lawyer-Mediators
2/27/20
By: Greg Fayard
For decades now, many practicing attorneys also mediate or arbitrate cases. Gone are the days where only retired judges mediate or arbitrate. California’s Rules of Professional Conduct for lawyers recognize that some neutrals also practice law.
That …
What Should an Attorney Do If Attorney Has Mistakenly Produced a Privileged Document Under Massachusetts Law?
2/14/20
By: Adrianna Michalska
In the event that an attorney has mistakenly produced a privileged document in discovery, Massachusetts Rule of Civil Procedure 26(b)(5)(B) requires that he give prompt notice to the party receiving the document and takes reasonable steps to …
Consent-To-Settle Clauses Upheld by Massachusetts’ Highest Court
2/13/20
By: Zinnia Khan
The Supreme Judicial Court of Massachusetts (“SJC”) recently issued its highly anticipated decision in Rawan v. Continental Casualty Co. regarding the enforceability of consent-to-settle clauses. The SJC held that consent-to-settle clauses do not violate G.L. c. 176D, …
What Should a California Lawyer Do With An Inadvertently Produced Privileged Document?
2/6/20
By: Greg Fayard
Sometimes privileged documents are accidentally produced to opposing counsel. Usually, this occurs in a document production in a lawsuit where, buried in the documents, is a communication between a lawyer and client that is clearly privileged and …
Mandatory Relief for Attorney Error in California Applies Only to Defaults, Default Judgments and Dismissals, Not “Analogous” Situations
2/5/20
By: Zachary Price
California Code of Civil Procedure section 473, subdivision (b) provides two avenues for relief when attorneys make mistakes. Subdivision (b) provides discretionary relief for certain mistakes and mandatory relief for defaults, default judgments, and dismissals caused by …
U.S. Supreme Court Finds General Discovery Rule Inapplicable to the SOL for FDCPA Violations
1/16/20
By: Nicole L. Graham
In Klemm v. Rotkiske, No. 18-328, 589 U.S. ____ (2019), the United State Supreme Court unanimously agreed there is no blanket discovery rule that, as a matter of statutory interpretation, applies to all cases arising …
California Lawyers Should Not Lie
12/20/19
By: Greg Fayard
It seems obvious, but lawyers shouldn’t lie. A new Rule of Professional Conduct applicable to California lawyers says that while representing a client, a lawyer shall not knowingly make a false statement of material fact or law …
Loss of Earnings Calculations – Experts – Damages – California
12/16/19
By: Chuck Horn
California just changed the law on recovery of loss of earnings. Traditionally counsel, and experts, would look to the actual earnings history of the plaintiff, or plaintiff’s decedent, in the years before the accident or injury. Subpoenas …
The Courtroom Sins of Your Attorney: Punishable?
12/9/19
By: Thomas Hay
Two recent Massachusetts cases: Wahlstrom v. IPA IV Management Company, Inc., et al., and Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York, Inc., et al., were granted motions for a new trial following a …
The Ethical Duty of Technology Competence – The Day is Coming in California
12/5/19
By: Renata Hoddinott
Recognizing the emergence of technology, its impact on the practice of law, and the importance of lawyers understanding technology, the American Bar Association modified its Model Rules in 2012 to make clear a lawyer’s duty of competence …
KPMG Owes No Damages to College For Not Detecting Student Loan Fraud Scheme
11/22/19
By: Nancy Reimer
After a three-week trial, a Massachusetts jury held on November 19, 2019 that “big four” accounting firm, KPMG LLC, owed no damages to Merrimack College even though it was negligent and did not detect a former Merrimack …
One if by land, . . . ZERO if by sea? (Apologies to Paul Revere) The Trapdoor of COGSA
11/18/19
By: Jon Tisdale
Lawyers who represent businesses who ship goods around the world need to protect their clients (and themselves) from the congressionally-mandated trapdoor of the Carriage of Goods By Sea Act (COGSA). We now live in a world where …