This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Columns

    Filter by date
     to 
    Search by Category
    Search by Headline

“Let’s call it what it is — a disgrace – that the richest state in the richest nation, succeeding across so many sectors, is f...


Law Practice

Many lawyers do not become familiar with their firm’s lawyer professional liability, or LPL, insurance policies until it is to...



Judges and Judiciary, Criminal, Constitutional Law

Broadly adopting remote appearances as a rule in the criminal context raises significant constitutional concerns.


Military Law, Government

For the past few decades, we have thought of the National Guard as being citizen soldiers, prepared to give up their civilian ...



Law Practice, Constitutional Law, Civil Rights

Batson’s prohibition is easy to articulate, but significantly harder to enforce.


Government, Constitutional Law

Although the state’s constitutional and statutory framework provide the governor with significant concentrated authority in a ...



Law Practice, Civil Litigation

A working group from the New York City Bar Association recently proposed (as of March 1, 2020) changes to its rules to permit ...


Civil Litigation, Law Practice

What level of technical knowledge should lawyers demonstrate competency in e-discovery from an ethical perspective? This artic...



Health Care & Hospital Law, Criminal

Governor Newsom should address the COVID-19 crisis by addressing the prison overcrowding crisis. Our prisons are so badly over...


Although Avenatti’s misconduct appears especially obvious in hindsight, many practitioners undoubtedly come closer to the line...



Law Practice

How to protect yourself from fee disputes in a new day and age.


The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.



Health Care & Hospital Law, Military Law

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.


Government, Labor/Employment

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...



In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...


U.S. Supreme Court, Constitutional Law

When Justice Clarence Thomas dissented from the denial of certiorari last week in Howard and Karen Baldwin v. U.S., he lamente...



Law Practice, Judges and Judiciary

Algorithms might persuade, but only humans can be persuaded.


Is the role of the attorney general “being an ‘attorney for the president or the country’”?



Labor/Employment

The increasing use of arbitration clauses, coupled with class action waivers in standard employment agreements, has led to a d...


Attorneys generally may not directly solicit potential clients to provide legal help. This prohibition is meant to alleviate t...



U.S. Supreme Court, Immigration, Constitutional Law

The federal government will defend the constitutionality of a law that prohibits “encouraging” or “inducing” undocumented nonc...


State Bar & Bar Associations

Any allegation of professional misconduct by the State Bar prosecutor’s office is cause for serious concern for an attorney. B...



Civil Litigation, Labor/Employment, Alternative Dispute Resolution

Judge Kimberly Mueller issued a detailed written ruling earlier this month in which she stressed that the plaintiffs are “like...


California’s law dictating the number of women who must be hired to the boards of publicly traded California corporations (whe...



TA recent ethics opinion from the State Bar discusses the ethical obligations of both an attorney departing a law firm, akin t...


State Bar & Bar Associations

This question was raised recently in opposition to proposals by the State Bar of California regarding fee-sharing and nonattor...



Criminal, Constitutional Law

The Sixth Amendment right to confront entails, among other things, the right to have a witness “physical[ly] presen[t]” in cou...


Civil Litigation, California Courts of Appeal

The unlikely setting of a depublication request in a recent case reveals the extent to which California lemon law litigation h...



Recent decades have seen the rise of multijurisdictional practices as lawyers have taken advantage of new technologies to seam...


What do the American Bible Society, Consumer Reports, Girl Scouts of the USA, and Sierra Club have in common? All of them use ...