Training

Developing Checklists Of Procedures For Legal Practice Issues – Part Two

Developing Checklists Of Procedures For Legal Practice Issues – Part Two

Checklists give rise to systems or processes where both represent a “process” a horizontal workflow for legal services. These processes start at some point in a law practice and conclude with some by-product deliverable to court or client. There is simply no legal practice area that would not derive any benefit from any well-established office procedure. Any process for any practice group must be well established and include everyone involved from partners to administrative assistants. Documenting these processes in writing ensures that the learning curve remains manageable and potential errors subjecting the firm to malpractice liability decrease substantially. As an example, personal injury...

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Developing Checklists Of Procedures For Legal Practice Issues – Part One

Developing Checklists Of Procedures For Legal Practice Issues – Part One

The practice of law requires a long list of procedural and analytical exercises before any client matter may move forward. While the information collected through these exercises may be overwhelming, the implementation of checklists within a law practice ensures that important information is processed, organized, and utilized effectively and efficiently. Checklists offer the following advantages: Checklists may help an attorney mitigate malpractice risks and comply with any ethical obligations. Checklists reduce the resources necessary to train employees and help orient new employees about the firm’s practices, policies, and goals. Checklists eliminate the potential for errors and avoid missing deadlines and other...

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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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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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The Best Online Legal Resources

The Best Online Legal Resources

There are many options for conducting legal research online. The ability to do research without any choice but to run over to the law library at the local law school or courthouse is an invaluable tool for saving the time and money of lawyers and law students alike. As law schools, law firms, and sole practitioners move from traditional hard copy written materials to electronic formats, the alternatives are vast with many available at little or no cost. Lexis Web: While this is not a free service, this is always a good starting point for any legal research query. Fastcase:...

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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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