California law

Supreme Court Amends Rule Of Professional Conduct Related To Competence

Supreme Court Amends Rule Of Professional Conduct Related To Competence

The California Supreme Court approved the amendment of Rule 1.1 of the Rules of Professional Conduct. The new version of the Rule went into effect on March 22, 2021. The new version of the Rule contains a new Comment providing that a lawyer’s duty of competence encompasses a duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology. The Rule reads as follows: Rule 1.1 Competence (a) A lawyer shall not intentionally, recklessly, with gross negligence, or repeatedly fail to perform legal services with competence. (b) For purposes of this...

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Some Information Related To The California Bar

Some Information Related To The California Bar

The July California Bar The next California Bar Exam takes place on Tuesday and Wednesday, July 27–28, 2021. Applicants can begin the exam once the first session password is released, but no later than 8:30 a.m. on each day. The exam is scheduled to conclude on Tuesday at approximately 6:30 p.m. and on Wednesday at approximately 5:00 p.m. The instructions for exam day will be posted in advance in a YouTube link on a California State Bar webpage. Applicants may watch these instructions at any time before the exam begins. It is recommended that applicants review the schedule of password delivery as well as the...

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Update on the Summer 2021 Baby Bar

Update on the Summer 2021 Baby Bar

The California “Baby Bar” or as it is more formally known, the First-Year Law Students' Examination (“FSYLX”), is a one-day test given in June and November. The test consists of four one-hour essay questions and 100 multiple-choice questions. The exam only covers three subjects: Contracts, Criminal Law, and Torts. As it did for the November 2020 exam, the State Bar California will conduct the FYLSX under special circumstances because of the COVID-19 pandemic. The exam in June will be offered remotely. The Baby Bar is taken by over 700 applicants. Those required to pass the First-Year Law Students’ Exam will not receive credit for any...

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Important California Laws To Know – Posting Harmful Information On The Internet

Important California Laws To Know – Posting Harmful Information On The Internet

In 2010, the California legislature enacted a law to counteract certain criminal conduct on the internet. Necessitated by the growing use of technology and social media, California lawmakers have established different laws to fight internet crimes, including a statute (known as posting harmful information on the internet, California Penal Code § 653.2) prohibiting indirect harassment on the internet. This offense is typically charged as a misdemeanor. The internet presents opportunities for many people to involve themselves in different internet crimes without their knowledge. The law against indirect electronic harassment is defined under California Penal Code § 653.2 PC, which reads as...

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Principles Of Professional Conduct – Meritorious Claims

Principles Of Professional Conduct – Meritorious Claims

Under the model rules of professional conduct, attorneys must be advocates. The California Desert Trial Academy College of Law (CDTA) offers the best of both worlds as it promotes the philosophy of not only teaching students the substantive law, but on training, educating, and developing students to be exceptional attorney-advocates. The CDTA believes that practical experience, including apprenticeships with mentors, during law school are essential elements of success. According to a summary of the ABA Model Rule: “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for...

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What Legal Specialty Areas Does The California Bar Recognize?

What Legal Specialty Areas Does The California Bar Recognize?

While a good number of attorneys decide to engage in general practice, many also choose to enter a specific area of the law and specialize. The California State Bar certifies attorneys as specialists who have exceeded the standard licensing requirements. With the goal of increasing public protection and encouraging attorney competence, California Rule of Court 9.35, was the authoritative regulation for the creation of the State Bar Legal Specialization program. The program, the first of its kind in the United States, was intended to provide a way for attorneys to earn the designation as a certified specialist in particular areas of law. The...

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Important California Laws To Know In 2021 – Part 2

Important California Laws To Know In 2021 – Part 2

The following are some new laws that become effective in California in 2021. *No liability for some child car rescues Individuals who find a child locked alone in a car may be exempt from criminal or civil liability if they attempt to rescue them, subject to certain conditions as prescribed by AB 2717. The person must prove he or she had a “good faith belief” that the child inside was in imminent danger. Further, the person must have called 911, determined that the vehicle was locked and that breaking in was the only option. *Certain cars will no longer be sold in California...

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Important California Laws To Know In 2021 – Part 1

Important California Laws To Know In 2021 – Part 1

A new year brings many things, including new laws in California. The following are the most interesting and broad-reaching pieces of legislation that will become effective in California in 2021. *Expedient COVID-19 notices for employees California AB 685 gives employees the right to expediently learn if COVID exposure has occurred in their workplace. Private and public employers who learn of possible coronavirus exposure must provide written notice within one day to all employees and employers of subcontractors who shared a worksite with the potentially infected person. All employees must also be provided with information about worker’s compensation, paid sick leave, and anti-retaliation...

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Can I Take The California Bar Exam Without Going To Law School?

Can I Take The California Bar Exam Without Going To Law School?

The California Desert Trial Academy (CDTA) focuses on providing an academic experience that emphasizes a practical approach to becoming a lawyer. The CDTA trains, educates, and develops students to be exceptional attorneys and trial advocates. At this time, the CDTA is in the process of applying for full accreditation as a California law school. In 2021, only four states (California, Virginia, Vermont, and Washington) permit those aspiring to be lawyers to take the state’s bar exam without attending law school. The alternative is the option to apprentice with a practicing attorney or judge. Other states such as New York, Maine, and Wyoming...

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Important California Laws To Know – SB 1159

Important California Laws To Know – SB 1159

Another issue related to COVID-19 that moved to the forefront of the agenda of California lawmakers in the spring of 2020 was clarifying the qualification and eligibility for workers’ compensation benefits for employees who may have contracted COVID-19 on the job. In May of 2020, less than two months after the outbreak of the coronavirus, Governor Gavin Newsom issued an executive order that created a rebuttable presumption that a COVID-19 infection occurring at work was a work-related illness if an employee received a positive test for COVID-19 or a doctor’s diagnosis of COVID-19 followed by a positive COVID-19 test within 30 days of...

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