CDTA

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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Important California Laws To Know – AB 685 And AB 1867

Important California Laws To Know – AB 685 And AB 1867

As the coronavirus pandemic emerged in the spring of 2020, employers throughout California and the nation pondered what course of action, if any, they were required to take once they receive notice that one of their employees was infected with or exposed to COVID-19. AB 685 attempts to solve this dilemma by delineating a California employer’s obligations. To facilitate this, the Act augments the power of the California Division of Occupational Health and Safety to enforce health and safety standards to prevent workplace exposure to and spread of COVID-19. AB 685 remains in effect until January 1, 2023. AB 685 provides...

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Stay In Touch With Your Mentors!

Stay In Touch With Your Mentors!

The California Desert Trial Academy (CDTA) places great emphasis on the role, contribution, and importance of mentors. The CDTA encourages all members of its student body to seek and find someone to mentor them as they pursue the knowledge and experience to become effective attorney-advocates. Beyond law school, it is important to maintain contact with your mentors and continue to build this valuable relationship. It may be challenging to stay in touch with those professional mentors who have substantially made a difference during a law student’s time at law school. After all, anyone who has the qualifications and attributes to mentor...

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Surviving Discovery Disputes

Surviving Discovery Disputes

Regardless of the area of law, at some point, every lawyer must endure the challenges caused by a dispute with an opposing lawyer over some aspect of discovery. Unfortunately, for the expedient resolution of litigation, these discovery disputes occur far too often for  most lawyers even though most would do the same if they were in the same situation as opposing counsel. Discovery disputes inherently are like a tug-of-war, ever dynamic, as lawyers push and test each other’s boundaries and patience. It is also not uncommon for clients requesting that an attorney pursue a particular inquiry and avenue of discovery with...

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Five Alternative Legal Support Careers

Five Alternative Legal Support Careers

Over the last year, this blog has attempted to address alternative legal careers for anyone with a Juris doctorate, typically by the field in which the alternative legal careers may be found. This blog takes a look at five alternative legal careers related to legal support for a law firm engaged in litigation. Legal consultant The demand for specialized legal expertise in recent decades has resulted in an expanded market for legal consultants. A need has arisen for specialized methods such as strategic planning, research, and analysis, training and coaching, as well as other various services based on the context of the litigation. These...

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The Components Of Lawyer Competence – Part Two

The Components Of Lawyer Competence – Part One

The licensing structures of most, if not all, state bars do not necessarily assess all the various and minimum aspects of lawyer competence. Research suggests that essay and multiple-choice exams with stressful time constraints are neither satisfactory nor effective formats for measuring competence as these tests truly simulate nothing close to the practice of law The components of lawyer competence include both hard and soft skills. The former include the substantive knowledge of the law while the latter represent analytical and interpersonal skills necessary in all walks of life. The following addresses components of minimum competence that are “softer” than “harder”...

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The Components Of Lawyer Competence – Part One

The Components Of Lawyer Competence – Part Two

Lawyers, especially attorney-advocates, must possess minimum competence to serve clients and the interests of the public-at-large. The following are six components of minimum competence that relate to the more technical side of the practice of law. The ability to communicate orally and in writing Attorneys must possess both the verbal and written skills to communicate with lawyers and clients equally. An attorney who cannot clearly and concisely communicate his or her legal position on behalf of a client, especially when it is viably strong, is like a fisherman with a full boat of fish but no paddle to get back to shore....

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Best Courtroom Movies – Miracle On 34th Street

Best Courtroom Movies – Miracle On 34th Street

Most present-day law students are probably unfamiliar with the late actress Natalie Wood who gained success and popularity as a child and adult actress before her untimely death in a drowning accident in 1981. Wood was given a starring role at the age of 8 in 1947’s Miracle on 34th Street which involves a young attorney asserting in court that a Macy’s Department Store Santa Claus is the real Santa Claus. Her assertion that this man, known as Kris Kringle “IS Santa Claus” is just one of the movie’s many highlights. The film, released in May because studio head Daryl F....

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Important California Laws To Know – Driving Under The Influence Of Alcohol

Important California Laws To Know – Driving Under The Influence Of Alcohol

In the United States, one person dies in a drunk driving accident every 50 minutes, which results in a toll of thirty every day. In 2018, 10, 511 people died in drunk-driving accidents. While these accidents have declined in the last thirty years, they still represent a significant loss of life that could be avoided with a little self-discipline and common sense. Drivers in California who drive under the influence of alcohol may be charged under California Vehicle Code § 23152(a) VC (driving while under the influence of alcohol), and California Vehicle Code § 23152(b) VC (driving with a blood alcohol content...

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Important California Laws To Know – Assault

Important California Laws To Know – Assault

California Penal Code § 240 PC defines the crime of assault or “simple assault” to which it is sometimes referred, in contrast to the crime of “aggravated assault.” Section 240 makes it a misdemeanor to commit or attempt to commit a violent injury on another person in California. Assault is a distinctive act because anyone may be charged with it even if they have not actually hurt anyone by their actions. While many laypersons often use the terms “assault” and “battery” interchangeably, they are actually two distinct crimes. The crime of battery involves the actual use of unlawful force or violence against another person while an assault...

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