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Law Practice, 9th U.S. Circuit Court of Appeals

Identifying which client holds attorney-client privilege is tricky in the realm of corporations, but not so anymore.


Criminal

How Lindsay Lohan Could Have Avoided Jail

Jul. 27, 2010
By Louis J. Shapiro

The court tossed Lindsay Lohan a a life jacket but she chose to sink instead. ...



Environmental & Energy

A Tale of Environmental Inclusion

Jul. 27, 2010
By Steven L. Hoch

Environmental practitioners can no longer afford to ignore liability under the Comprehensive Environmental Response, Compensat...


Law Practice, Alternative Dispute Resolution

The Secret Power of the Pocket Mediation Brief

Jul. 24, 2010
By Robert S. Mann

Tips on writing effective mediation briefs for faster settlements. ...



Government, Education Law

Better Schools Through Competition

Jul. 24, 2010
By James P. Gray

Public education would benefit from a bottom-up approach with less government control.


U.S. Supreme Court, Labor/Employment

California and the 9th Circuit have been leaders in holding that class action waivers are unenforceable, but this may be chang...



Criminal

Our Nation's Top Ten Drug Policy Goals

Jul. 20, 2010
By James P. Gray

James Gray of ADR Services argues for the repeal of the nation's policy on "Drug Prohibition." ...


Civil Litigation

What's 'Free' About Speech?

Jul. 17, 2010
By A. Marco Turk

The Roberts' court has established as a crime, the advocation of activity that is nothing more than lawful and nonviolent,



Law Practice, Ethics/Professional Responsibility

Keep It Professional: Sex and Ethics

Jul. 16, 2010
By Wendy L. Patrick

When it comes to intimate conduct between lawyers and clients, what are the limits? ...


Law Practice

Redemption

Jul. 14, 2010
By Timothy A. Tosta

Timothy Tosta of Luce Forward tells the tale of a man hardened by the criminal justice system, who learns to give life and him...



Civil Litigation, Labor/Employment, Alternative Dispute Resolution

Making the Most of a Pro Bono Panel Mediation

Jul. 13, 2010
By Michael H. Leb

Many attorneys appear not to take the Los Angeles County Superior Court's pro bono mediation program seriously. This attitude ...


Insurance

Clarity for Policy Interpretation?

Jul. 13, 2010
By Rex Heeseman

All things considered, in California there is still no precise guideline for interpreting an insurance term.



Judges and Judiciary

Judicial Election Presents Political Dangers

Jul. 13, 2010
By J. Anthony Kline

The unseating of San Francisco County Superior Court Judge Richard Ulmer will have a far greater politicizing effect than many...


Law Practice

Consumers Hurt by Consumer Attorneys

Jul. 10, 2010
By Robert F. Tyson Jr.

Appellate courts have created a new beast, which Robert Tyson of Tyson & Mendes believes will allow plaintiffs' attorneys ...



Immigration

Implementing Immigration Policies That Work!

Jul. 9, 2010
By James P. Gray

It's time to calm down. Arizona's recent actions have little or nothing to do with racism, and everything to do with frustrati...


Law Practice, Ethics/Professional Responsibility

How Close Can You Get to Your Client?

Jul. 8, 2010
By Wendy L. Patrick

Wendy Patrick of the San Diego District Attorney's Office advises those lawyers who do not see a problem mixing business and p...



U.S. Supreme Court, Constitutional Law

Victory for Equality

Jul. 8, 2010
By Erwin Chemerinsky

Money for student organizations at a public university is provided by the state or by the students. Such funds should not be u...


Health Care & Hospital Law

Too Much Government in Health Care

Jul. 3, 2010
By James P. Gray

Subjecting the U.S. health care system to the free market would drive down costs, says James Gray of ADR Services. ...



Alternative Dispute Resolution

A Rose by AnyOther Name

Jul. 3, 2010
By A. Marco Turk

While mediation has evolved greatly over the years, the goal has remained the same - helping parties settle without resorting ...


Law Office Management

The Will of the People

Jul. 2, 2010
By William Domnarski



Immigration, Health Care & Hospital Law, Criminal, Books

Maximizing the People's Right to Choose

Jul. 1, 2010
By James P. Gray

James Gray proposes specific changes to our systems of criminal justice, health care, education and immigration, the source of...


Ethics/Professional Responsibility

Order in the Courtroom!

Jun. 30, 2010
By Wendy L. Patrick

Problematic lawyers are often well known to the bench and bar. Wendy Patrick of the San Diego District Attorney's Office discu...



U.S. Supreme Court, Alternative Dispute Resolution

Jan Frankel Schau of ADR Services Inc learned the hard way that mediators may be compelled to testify in federal court actions...


Criminal, 9th U.S. Circuit Court of Appeals

A Sad Spectacle

Jun. 26, 2010
By Timothy D. Reuben

It's tragic and ridiculous that Pierce O'Donnell should go to jail or lose his law license over a small contribution to a fail...



Environmental & Energy, 9th U.S. Circuit Court of Appeals

The Ninth Circuit Issues Major Superfund Decision

Jun. 25, 2010
By Richard M. Frank

The 9th Circuit, for the first time, weighs in on a major issue of CERCLA law that has divided federal courts around the nation.


Law Practice

Finding and Returning to Ground

Jun. 25, 2010
By Timothy A. Tosta

After opening a law firm as a newly admitted attorney, Timothy Tosta of Luce Forward learned some lessons about dealing with c...



Law Practice, Constitutional Law, California Supreme Court

Attorney Speaks Out Against Former Client's Project

Jun. 24, 2010
By Diane L. Karpman

The state Supreme Court is set to review a case that seems to favor an attorney's personal freedom of speech over ethical cons...


Civil Litigation, Insurance

Mediators: To Be or Not to Be Insured

Jun. 19, 2010
By A. Marco Turk

Errors and omissions coverage is a real necessity for the careful neutral. ...



Fatherhood:Inside and Out

Jun. 18, 2010
By Joseph H. Cooper

While teaching in the community college outreach program for prison inmates, Joseph Cooper of Quinnipiac University met the mo...


Law Practice, Ethics/Professional Responsibility

The Art of Gracious Disagreement

Jun. 17, 2010
By Wendy L. Patrick

Effective advocacy should include the critical component of civility, writes Wendy Patrick of the San Diego District Attorney'...