Understanding Case Selection: Why An Attorney Might Decline a Case
Attorneys must carefully evaluate a myriad of factors before accepting a case. Here are some reasons, with specific examples, to elucidate why a law firm might decide against representation: 1. Lack of Legal Merit Example: A desire to sue a restaurant merely because the flavor of the food wasn’t to one’s liking isn’t a valid […]
Behind the Billing: The Overhead Costs of Self-Employed Lawyers vs. Salaried Lawyers
Being a self-employed lawyer is both rewarding and challenging. Many clients often wonder why legal fees can seem high. Let’s pull back the curtain and compare the overhead costs for a self-employed attorney against those for an attorney in a traditional employment setting. Self-Employed Lawyers – The Costs They Bear 1. Office Rent Unlike salaried […]
“Bad Faith” in Insurance Handling: Personal Injury Law in California
Insurance companies have an obligation to act in good faith towards policyholders and claimants. However, sometimes, they don’t. Here’s an insight into what “bad faith” means in this context: 1. Definition “Bad faith” refers to an insurance company’s unfair practices or failure to uphold the terms and obligations of the insurance policy or the law. […]
“Opened the Policy” in Personal Injury Law in California*
Within the realm of personal injury law, the term “opened the policy” has a specific connotation, especially when dealing with insurance companies. Here’s an exploration of this term for a clearer understanding: 1. Definition When an attorney states they have “opened the policy,” it signifies that due to the insurance company’s handling of a claim, […]
Navigating Service Difficulties in California Family Law: When the Party Can’t Be Located
Serving legal documents is a crucial step in most legal proceedings. If you’re facing challenges locating the person to be served, here’s what you need to know under California family law: 1. Due Diligence Before exploring alternatives, you must demonstrate that reasonable efforts were made to locate the individual. Example: You might have checked […]
Missed a Family Law Court Hearing in California? Here’s What Might Happen
In the realm of family law, court hearings are pivotal. If you’ve inadvertently missed a hearing, it’s essential to understand the potential repercussions and next steps. Here’s a guide: 1. Default Judgment If you fail to appear, especially if it was a scheduled trial or important hearing, the court may enter a default judgment in […]
Changing Your Judge in California Family Law: What You Need to Know
The idea of requesting a different judge in a family law case is not uncommon. However, in California, the process and reasons for such a request have specific parameters. Here’s an overview: 1. Peremptory Challenge In California, parties in a family law case have the right to one peremptory challenge without needing to prove […]
Preparing for Your Deposition: Key Guidelines in California
Facing a deposition can be a pivotal moment in any legal proceeding. Proper preparation is paramount. Here’s a guide to understanding and getting ready for your deposition: 1. Understand the Process A deposition involves answering questions under oath, typically in a non-courtroom setting. Your responses are recorded and can be used in court. […]
Unraveling California’s Family Law: Ex Parte Motion in Child Custody and Visitation Cases
What is an Ex Parte Motion? An Ex Parte Motion is an urgent request made to the court, typically without the other party’s presence or prior notice. In child custody and visitation cases, it’s often used when there’s a belief that a child is in immediate danger or at risk of harm. Factors/Elements for an […]
Understanding California’s Personal Injury Law: Settlement Timelines
The Nature of Settlement Money Receiving settlement money can be a significant relief. However, it’s crucial not to depend on it for immediate needs due to various factors that can influence its timely receipt. Factors Impacting Settlement Timelines Insurance Company Reviews: Detailed scrutiny of claim details by insurance companies can extend timelines. State Regulations & […]