Law Practice

Ten Legal Technology Trends For 2021 – Part Two

Ten Legal Technology Trends For 2021 – Part Two

Here is the second part of our blog on ten technology trends for 2021. Greater thought as to how remote work is performed 2020 saw the implementation of a new workplace model encompassing virtual meetings, mobility, collaboration, and the completion and performance of work remotely away from the office. As a result, law firms must embrace technology to make this new workplace model as seamless and practical as possible. The changes caused by the pandemic are not temporary and have pushed attorneys to create a remote experience for clients that is equal to, if not better than, the traditional office...

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Ten Legal Technology Trends For 2021 – Part One

Ten Legal Technology Trends For 2021 – Part One

As 2021 begins and lawyers scramble to adapt to the changes wrought from the COVID-19 pandemic, the development and use of technology in a legal context continues to evolve. The following is a look at ten legal technology trends in 2021. Accelerated movement to digital domains Consumers and clients are increasingly moving to the digital realm as evidenced by their behavior. Those law practices that choose to fully embrace the digital domain to interact with and attract clients are more apt to thrive than those who do not. Lawyers must ensure that new clients have the ability to discover their...

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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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Attorneys, Banks, And Financial Management – The IOLTA Account

Attorneys, Banks, And Financial Management – The IOLTA Account

Because lawyers often handle their clients’ money, settlement checks, or advance payments for court costs or other expenses, they must participate in the Interest on Lawyers’ Trust Accounts (IOLTA) program. This is true in the State of California as well as most other jurisdictions in the United States. Any attorney who handles client funds that are too small in amount or held too briefly to earn interest for the client must use an IOLTA account for such funds. A lawyer who receives funds that belong to a client must place these funds in a trust account separate from the lawyer's personal...

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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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What Cases Use Expert Witnesses? Part Two

What Cases Use Expert Witnesses? Part Two

The types of experts that may be retained are as varied as the subjects that lawyers may litigate. Expert witnesses. The primary purpose of an expert witness is to provide knowledge and insight into a technical area that may not be readily known or understood by the average fact finder. The more complex that a legal matter is, the more likely one or more expert witnesses will be required to testify. Expert testimony often addresses those facts which determine liability. As a result, expert witnesses may make or break a case. Lawyers must find an expert with more than an impressive resume...

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What Cases Use Expert Witnesses? Part One

What Cases Use Expert Witnesses? Part One

Normally, courts prohibit witnesses from testifying based on their own opinions or analysis. Federal Rule of Evidence 602. Courts relax these rules for expert witnesses testifying about matters within their field of expertise. Expert witness rules vary by jurisdiction. In federal courts, expert witness testimony is governed by Article VII of the Federal Rules of Evidence. Expert witnesses may testify about their conclusions in a case provided that their analysis is scientifically sound. In reaching a conclusion, an expert witness may proffer an opinion on the same types of evidence that those in their profession normally rely on in their field and work, even if such evidence is...

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Advice On Trying Your First Case

Advice On Trying Your First Case

Here are some tips and advice for any new lawyer about to enter the courtroom and try his or her first case. Do some advance work and scout the courtroom Legal scholars differ as to how an attorney should act while moving around the courtroom during a trial. Some believe that an attorney should always request permission to proceed while others believe that it is acceptable to move around until a judge directs otherwise. Many judges allow attorneys to freely walk around the courtroom provided they do so with purpose. A simple solution is to observe the judge in action when he...

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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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