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California Desert Trial Academy College Of Law

Attorney-Client Privilege And Client Confidentiality

Attorney-Client Privilege And Client Confidentiality

As law students prepare for graduation, certain questions that relate to legal ethics and professional responsibility become more prevalent in their minds. These practical considerations are of equal importance to any other aspect of a law firm’s practice. Like substantive legal rules, they require the strict adherence of all licensed attorneys. An important question relates to protecting client confidentiality. After all, most attorneys like to talk. On one hand, there is the attorney-client privilege which, of course, contains a facet of confidentiality. This is what law students learn about in professional responsibility class as they study the ethical rules, including RC...

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When A Lawyer Is Representing A Corporation, Who Exactly Is The Client?

When A Lawyer Is Representing A Corporation, Who Exactly Is The Client?

A recurring question for lawyers who represent corporations and other entities is who exactly is the attorney representing? What is the scope of the attorney’s clientele in this situation? Does the attorney also represent others? Does the attorney represent shareholders? Affiliate and subsidiary corporations? Officers? Directors? In California, Rule of Professional Conduct 1.13 “Organization as Client” answers this question. A lawyer employed or retained by an organization represents the organization through its duly authorized constituents. A lawyer must conform his or her representation to the concept that the client is the organization itself, acting through its duly authorized directors, officers, employees, members,...

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Memorization Techniques For Applied Knowledge

Memorization Techniques For Applied Knowledge

The California Desert Trial Academy is a progressive law school where students focus on those skills necessary to become not just a lawyer, but an attorney-advocate. Learning the skills to be an advocate gives students an expedient path to a successful and rewarding legal career. With certain memorization techniques in your toolbox, there are ways to use this knowledge to build connections between concepts and push your understanding of the material to a new level. Here are two memorization techniques for applied knowledge: *Explain what you’re trying to learn to someone else An excellent way to test your understanding of a concept in...

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Fixed Legal Fees And Making A Profit

Fixed Legal Fees And Making A Profit

Of course, like any other business that charges some cost for its services, fees are the lifeblood of a law practice. Legal fees depend on several variables: the time necessary to remedy the problem; the lawyer's ability, experience, and reputation; the novelty and difficulty of the case; the results; and associated costs. A lawyer's overhead expenses such as rent, utilities, office equipment, computers, also affect the fee charged. Profit is a lawyer’s income. In the case of a law practice, it is what remains after paying the aforementioned overhead costs of the practice. Research indicates that attorneys may expect to keep...

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Handling And Collecting Legal Fees

Handling And Collecting Legal Fees

Not only must lawyers do the hard work that is necessary to earn their fees, but they must also handle and collect them, which are processes that are both time-consuming and detail-laden. Lawyers must not only be attorneys, but they must also be accountants and bill collectors. Lawyers are subject to special ethical rules when handling client funds, which are funds in which the client still has an ownership interest. The rules require all client funds to be maintained in an interest-bearing trust account while they are in the lawyer’s possession. Safekeeping client funds in a trust account improves client-relations since clients...

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California Bar Exam Officially Scheduled For September

California Bar Exam Officially Scheduled For September

Any student engaged in online, distance learning at a progressive law school like California Desert Trial Academy College of Law, has the freedom to study whenever and wherever, at their utmost convenience. In these current troubled times, CDTA students are at an advantage based on the online resources available to them on campus and at the CDTA website. On April 27, the Supreme Court of California postponed the July California Bar Exam to September 9-10. Applicants registered for the July exam will automatically be registered for the September exam. However, applicants must still submit all eligibility documents to the State Bar. The California...

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About The Different Types Of Attorney’s Fees

About The Different Types Of Attorney’s Fees

This is a quick summary of the common types of fee arrangements used by lawyers. Any fee must be reasonable, and the client must agree to it and all other provisions of the fee arrangement. Consultation: This is a fixed or hourly fee that clients are charged for their first meeting with an attorney where the needs and goals of the clients are discussed and the attorney ascertains whether he or she can satisfy and achieve them on the client’s behalf. Many attorneys, such as bankruptcy and personal injury attorneys offer free, first-time consultations. Contingency: This fee is based on...

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About Fee Agreements And Costs

About Fee Agreements And Costs

This week's blogs feature topics related to legal fees. In April 2020, the national average cost of attorney’s fees where an hourly rate is charged is $225 per hour. The minimum cost is $100, and the maximum is $1,000. The average range is from $100 to $300. The type of fee arrangement that an attorney utilizes is often based on the type of legal issues that a client presents for resolution. Attorneys must base their fees on a clearly communicated and memorialized fee agreement negotiated at the beginning of their representation with clients. Regardless of whatever a local state bar’s rules...

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Simple, Useful Memorization Techniques For Use In Law School

Simple, Useful Memorization Techniques For Use In Law School

Of course, answering an essay question on a law school midterm or a bar exam requires applied knowledge more than rote memorization. Law students must use critical thinking and connect or apply the information they have learned to a set of facts, recognize issues, and solve problems. But before tackling the rigors of a law exam essay question, students must genuinely know the information. Here are some tips for effectively memorizing information: Record notes for later listening When I was in law school, I sat next to a former legal secretary who knew shorthand. She would take all her class notes in shorthand,...

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The Typical Life Cycle Of A Client File

The Typical Life Cycle Of A Client File

While most of us live in a computerized, digital world, the legal industry revolves primarily around information, notes, and documentation. Attorneys obtain information, then classify and organize it. A client file is how attorneys organize the information related to a client. For every client that retains an attorney or law firm, there is a file. There may even be multiple files within files that contain documentation relevant to each matter concerning the client. The longer the client has been represented by the attorney or firm, the larger the file. Law firms must typically devote a large portion of their office space...

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