California law

Important California Laws To Know – Abuse and Domestic Violence

Important California Laws To Know – Abuse and Domestic Violence

This week will feature a look at important California laws related and applicable to acts, conduct, and events that present an ever-growing problem for society. Some laws are especially relevant in 2020 when digital technology and social media have become entrenched in everyday life. In preparing for a career as a lawyer, law students may consider a career in family law. Family law involves issues related to children such as child support, child custody, and visitation. These issues are usually related to divorce and separation. Another aspect of dealing with families and people in intimate relationships is the body of law...

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Principles Of Professional Conduct – Relationships with Clients

Principles Of Professional Conduct – Relationships with Clients

While lawmakers and courts have ruled that sex with a client during the course of a professional relationship is unethical, many lawyers have continued the practice resulting in state bars frequently taking disciplinary measures against lawyers who engage in sexual relations with clients. Many attorneys believe that what happens between two consenting adults is no business of the State Bar or anyone else. Prior to the 2018 changes to the California Rules of Professional Conduct, lawyers in California were banned from engaging in a sexual relationship with a client only if it was an exchange for representation or if it involved...

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Avoiding Malpractice: Office Staff Must Comply With The Ethical Rules

Avoiding Malpractice: Office Staff Must Comply With The Ethical Rules

In the last two decades, there has been a growing increase in legal malpractice cases directly attributed to errors made by support staff. Of course, poor relationships with clients are a contributing factor to legal malpractice actions. Support staff may also affect these interactions and must always be careful to observe the ethical rules. Even if a malpractice claim fails, the litigation of the malpractice matter itself causes an attorney and his or her staff to expend a substantial number of billable hours. Malpractice claims typically create stress, anxiety, distraction, and an uncomfortable work environment. An attorney’s support staff member is susceptible...

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What Is The True Mission Of A State Bar?

What Is The True Mission Of A State Bar?

The California State Bar serves the people of California through careful oversight of the legal profession. Created by the California Assembly in 1927, the State Bar is a component of the California Supreme Court that licenses and regulates attorneys to protect the public from unscrupulous and fraudulent conduct by attorneys. The State Bar develops and enforces professional guidelines to which attorneys must adhere or face discipline. The guidelines for attorneys are contained in the Rules of Professional Conduct but attorneys must also adhere to other regulations, rules, and laws. The State Bar actively investigates and prosecutes consumer complaints against lawyers and even those who...

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State Bar Lowers Passing Score Necessary For Bar Exam

State Bar Lowers Passing Score Necessary For Bar Exam

On August 10, the California Supreme Court released an order that detailed final arrangements to permanently lower the passing score for the California Bar Exam, which will now be administered online in October 2020. In a letter sent to the State Bar of California's Board of Trustees. the court stated that it would not apply the lower passing score retroactively to past test-takers. Three other states: North Carolina, Oregon, and Washington, have lowered Bar Exam passing scores during the coronavirus pandemic. However, the changes to the passing score in these states are temporary and only apply to future examinees. “With one exception, the court is unaware of...

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The September, Um, October Bar Exam Approaches – Don’t Fear (Bar Exam Moved To October)

The September, Um, October Bar Exam Approaches – Don’t Fear (Bar Exam Moved To October)

The California Supreme Court first announced preliminary plans for administering the October Bar Exam online in a July 16 letter to the State Bar Board of Trustees. These plans have been confirmed and finalized with the next California Bar Exam scheduled for October 5–6, 2020. Under the direction of the California Supreme Court, the exam will be administered primarily online. The California First-Year Law Students' Exam, also known as the Baby Bar, has been rescheduled to November 17, 2020. In July, California Supreme Court justices held a videoconference with California law school deans, then held a three-hour virtual hearing to receive input from law school graduates registered...

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California Bar Exam Postponed Until September

California Bar Exam Postponed Until 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. This access will prove invaluable when preparing for the bar exam. On April 27, the Supreme Court of California ordered the July California Bar Exam to be postponed to September 9-10 and directed the State Bar to expend every effort to administer the test online...

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Understanding A Law’s Purpose

Understanding A Law’s Purpose

Because legislation is the product of a deliberative and informed process, it has discernible purposes and objectives. Lawyers and judges utilize tools to examine a statute’s purpose and establish the legislature’s intent for enacting the statute. Once the legislative intent has been established, it may be used to understand and interpret a statute’s meaning. Many statutes begin with a preamble or purpose clause, which may provide guidance in discerning the intent of the legislature where the statute may be ambiguous. Lawyers faced with choosing between different plausible interpretations may refer to the statute’s purpose to make a final decision. However, where...

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Why California Laws Are At The Forefront

Why California Laws Are At The Forefront

California laws are at the forefront of legislation in the United States. Whether related to cannabis, the environment, employment, human trafficking, consumer protection and privacy, the list of cutting-edge legislation is long. A 108-year-old California ballot initiative system enables anyone with the required number of signatures to get virtually anything on the ballot. “If a citizen wants to get a law passed, they don’t have to do it in a conventional way. That’s given rise to a do-it-yourself political culture that doesn’t exist in other places,” said California expert Jim Newton, author of “Jerry Brown and the Creation of Modern California.”...

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