Hard Skills

Areas of Practice That Require Understanding of Multiple Legal Subjects

Areas of Practice That Require Understanding of Multiple Legal Subjects

Attorneys practice law in many different contexts, including law firms, government agencies, and non-profit organizations. Within each of these environments, attorneys may focus on one or several practice areas. Many, if not most, areas of legal practice involve the understanding of multiple legal subjects. Of course, an obvious example is that any attorney must understand the subject of civil procedure regardless of the area of law in which they practice. Some areas of practice, more than other areas, require an understanding of many different subjects. The practice of bankruptcy law is an excellent example. *Bankruptcy Bankruptcy lawyers represent individual and corporate creditors...

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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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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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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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Important California Laws To Know – Divorce

Important California Laws To Know – Divorce

Many attorneys enter family law intending to make a difference in the lives of those who experience marital difficulties. Sadly, domestic relations law involves issues related to the end of a marriage - divorce, and separation. Issues related to children such as child support, child custody, and visitation naturally arise, which become issues of great priority and importance. Any young aspiring domestic relations lawyer must first become familiar with the law of divorce in California or the jurisdiction where they will ultimately practice. Law school graduates and young attorneys often believe that they may use their legal and personal skills to...

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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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Five Things To Avoid During A Hearing

Five Things To Avoid During A Hearing

Whether it is the first time or the hundredth time, it is an exhilarating and nerve-wracking experience to walk into a court hearing. On one hand, an attorney’s attention is directed at asserting and protecting the rights of his or her client. On the other, he or she must act within the decorum required by the court and avoid any mistakes that may be detrimental to a case’s outcome. No lawyer is invulnerable to mistakes but some mistakes are more detrimental than others. The following lists five things that any attorney should avoid when handling a hearing, whether live and in-person...

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Motion Practice – Preliminary Considerations

Motion Practice – Preliminary Considerations

Attorneys file a vast number of motions over their careers. Motion practice is the most common courtroom experience in a legal services practice. The submission of a motion pre- or post-trial enables a party to approach a court directly and request it to perform some specific action, such as a ruling on a legal issue. Motions may be filed at any stage of a criminal, civil, or even an administrative proceeding, and they may request almost anything. At its most basic, a motion is a request for an order. Whether an extensive, detailed, voluminous motion for summary judgment or a paragraph-long...

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