If you live in San Diego, you may have noticed electric scooters scooting down or parked on sidewalks around the city. Attorney and DUI expert Eric Ganci recently addressed whether or not you can be charged with a DUI when riding one of these “e-scooters.” Note, the following only applies in California; laws may differ in other states. Read More
By David Majchrzak
California lawyers have a seemingly simple charge when it comes to billing. Rule of Professional Conduct 4-200 precludes them from agreeing to, charging, or collecting an illegal or unconscionable fee. Yet, the conscionability of a fee is not always easy to determine. Despite that, there are myriad reasons to examine where that line is. Examining that rationale, in turn, leads to practices that lawyers may implement to produce and maintain good records. Read More
By Bob Copeland
RULLCA and the Delaware Limited Liability Company Act and case law make it clear that LLCs are contractual relationships and the LLC acts provide great flexibility for parties in tailoring their relationship. Drafters of LLC operating agreements should certainly discuss the need for and possible terms of a mechanism for resolving disputes among the members with clients and the possible consequences if disagreement over continuing the business of an LLC arises and the parties are deadlocked and are left to the default provisions of the applicable LLC Act, including a possible involuntary dissolution proceeding overseen by a court. (And the courts, when asked to intervene, do so enthusiastically.) Read More
By William Marshall
Contract drafting and review are central activities of a transactional attorney. However, rarely if ever does an attorney draft from scratch or have license to make unlimited changes during a review. Instead, the attorney starts with something on the page of varied quality and labors under time pressure to make it express the parties’ intent while nudging it this way and that in the negotiation process. Read More
By Dan Stanford
During over three decades of prosecuting legal malpractice claims, I have been asked over and over again for concrete ideas to help lawyers eliminate or at least reduce the risk of being sued by an unhappy client. So, over the years I have compiled a list of practical tips for avoiding legal malpractice claims. The list below contains original thoughts and tips stolen from other experts in the field. And, these are not listed in any order of importance. Read More
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Message from the Editor of For the Record
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Application of CRPC 1.15 to Government Lawyers
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