Soft Skills

Principles Of Professional Conduct – Competence

Principles Of Professional Conduct – Competence

The preamble of the Model Rules of Professional Conduct describes a lawyer and member of the legal profession as “. . . a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.” One primary principle of the Model Rules is that a lawyer must be competent as a representative of clients. In 2018, the California Supreme Court issued an order that approved 69 Rules of Professional Conduct for California attorneys, rejecting only one. These new rules became effective in November of 2018 and closely follow the ABA Model Rules of Professional...

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How Do I Know If I Should Take The Case?

How Do I Know If I Should Take The Case?

It really is no secret that the practice of law is highly competitive. There may be times when young lawyers and sole practitioners sit at their desks and wonder when a client will walk through the door. For attorneys, it is easy to find yourself taking every case that comes your way. However, in the long run, this may make your practice inefficient and unprofitable. As a young lawyer, how do you know if you should take a case? When attorneys accept a bad case from a client, several problems typically transpire. The matter causes the attorney to expend valuable resources...

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Attorneys, Advocates, And The CDTA Vision

Attorneys, Advocates, And The CDTA Vision

From the time the California Desert Trial Academy (CDTA) accepted its first class of students in 2012, it provided them with a unique, innovative, genuinely modern focus on legal education. While this emphasis implements the same comprehensive learning curriculum as traditional law schools, it contemplates and remedies the common shortcomings of law school graduates. At CDTA, we educate students to be lawyers, but we also train and develop them to be exceptional trial advocates. The Attorney Upon leaving law school with a JD, ideally, a graduate should understand the substantive law and be in the position to start her own practice or assume the role...

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Gaming And Education, Part Two

Gaming And Education, Part Two

The following are some benefits of combining the practice of video gaming with the educational process. *Attention and Memory Capacity There is an undeniable correlation between learning and memorization. Often, students feel overwhelmed during the conventional learning process simply because of the seeming abundance of information presented to them in many different subjects. A wonderful aspect of gaming is that it constantly places players in different circumstances with which they are comfortable and even familiar. This makes them alert and focused with little outside third-party effort, thus gradually improving their ability to pay attention and memorize information. Gamers who play educational video games...

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Some Thoughts About Trial Strategy

Some Thoughts About Trial Strategy

Trial strategy is an attorney’s comprehensive plan that when executed will provide the best chance of success in a litigated matter. Attorneys may use certain tactics throughout a trial as tools for specific purposes designed to implement this strategy. Since every legal matter differs when considering the underlying facts of each matter, applicable law, the measure of damages, defenses, etc., so must every trial strategy differ. Approaches to trial strategy may be far-ranging. There are basic, straightforward ideas as well as concepts that delve into the psychological realm and utilize other advanced approaches. The basic concepts of trial strategy involve the simple...

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Adaptive Learning For Law Students

Adaptive Learning For Law Students

Adaptive learning is a technique for providing students with more personalized learning to provide efficient, effective, and customized learning paths for each individual student. Adaptive learning works at all levels, including the graduate level, and law students may reap the benefits of this new learning mechanism. Adaptive learning systems utilize a data-driven approach to adjust the path and pace of a student’s studies to deliver personalized learning. Adaptive systems may support changes in the roles of faculty, enable innovative teaching practices, and incorporate a variety of content formats to support students based on their learning needs. Adaptive learning through training in the digital...

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Fixed Legal Fees And Making A Profit

Fixed Legal Fees And Making A Profit

Of course, like any other business that charges some cost for its services, fees are the lifeblood of a law practice. Legal fees depend on several variables: the time necessary to remedy the problem; the lawyer's ability, experience, and reputation; the novelty and difficulty of the case; the results; and associated costs. A lawyer's overhead expenses such as rent, utilities, office equipment, computers, also affect the fee charged. Profit is a lawyer’s income. In the case of a law practice, it is what remains after paying the aforementioned overhead costs of the practice. Research indicates that attorneys may expect to keep...

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Handling And Collecting Legal Fees

Handling And Collecting Legal Fees

Not only must lawyers do the hard work that is necessary to earn their fees, but they must also handle and collect them, which are processes that are both time-consuming and detail-laden. Lawyers must not only be attorneys, but they must also be accountants and bill collectors. Lawyers are subject to special ethical rules when handling client funds, which are funds in which the client still has an ownership interest. The rules require all client funds to be maintained in an interest-bearing trust account while they are in the lawyer’s possession. Safekeeping client funds in a trust account improves client-relations since clients...

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About The Different Types Of Attorney’s Fees

About The Different Types Of Attorney’s Fees

This is a quick summary of the common types of fee arrangements used by lawyers. Any fee must be reasonable, and the client must agree to it and all other provisions of the fee arrangement. Consultation: This is a fixed or hourly fee that clients are charged for their first meeting with an attorney where the needs and goals of the clients are discussed and the attorney ascertains whether he or she can satisfy and achieve them on the client’s behalf. Many attorneys, such as bankruptcy and personal injury attorneys offer free, first-time consultations. Contingency: This fee is based on...

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About Fee Agreements And Costs

About Fee Agreements And Costs

This week's blogs feature topics related to legal fees. In April 2020, the national average cost of attorney’s fees where an hourly rate is charged is $225 per hour. The minimum cost is $100, and the maximum is $1,000. The average range is from $100 to $300. The type of fee arrangement that an attorney utilizes is often based on the type of legal issues that a client presents for resolution. Attorneys must base their fees on a clearly communicated and memorialized fee agreement negotiated at the beginning of their representation with clients. Regardless of whatever a local state bar’s rules...

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