If someone is killed because of the negligence or intentional act of another, the relative of the person killed has an action for wrongful death. A wrongful death claim is all about the loss sustained by the relative, not about the physical pain and suffering of the person killed. Continue reading
Personal injury claims arise primarily in two settings, at work or outside of work. If someone is injured on the job, the claim is usually covered under a workers compensation plan. In that case, it doesn’t matter if the injured worker is at-fault or not.
If someone’s is injured outside of work, then he has to prove that the person who injured him is at fault, and only then can he recover money. Continue reading
Assisted living facilities in California, also called board and care or retirement homes, are regulated by the California Department of Social Services, Community Care Licensing Division. A seniors assisted living facility is officially known as a residential care facility for the elderly, or rcfe.
An rcfe can only operate if it has an active license issued by the California Department of Social Services. An rcfe license is conditioned upon compliance with hundreds of state laws and regulations that apply to rcfe’s. An rcfe license is a license to care for and supervise its residents as to activities of daily living.
We place our loved ones, such as our fathers or mothers, in rcfe’s because these seniors can no longer live fully independently. However unfortunately, there are lots of poorly run rcfe’s Continue reading
A transactional lawyer negotiates deals and drafts transactional documents, like business contracts, real estate purchase agreements, leases, and operating agreements for limited liability companies. Some lawyers only do transactions, while others only do litigation. There are some of us who do both transactions and litigation–we are probably in the minority.
When assisting a client in a transaction, a lawyer first needs to be a good listener so that Continue reading
A contract is a just a fancy way of saying agreement. A contract is an agreement to do something or sell something. A person can sue for breach of contract when another person (or company) breaches, that is breaks, the contract. Obviously, some breaches of contract aren’t worth suing on, such as someone missing a business luncheon. On the other hand, some breaches are so serious that millions of dollars are at stake Continue reading
Fraud has been around since mankind first appeared on the face of the earth. Adam and Eve is a classic story, where Eve told Adam that nothing would happen to him if he just touched the fruit of the Tree of Knowledge, only then to induce him to eat from that fruit, bringing ultimate death to Adam. Although Eve had a much deeper good intention in her actions, dishonest people in generations after Eve have used fraud to cause people to do things that they otherwise would never do, such as part with money, give something away, or agree to do something.
If proven at trial, fraud is a serious allegation Continue reading
What is litigation, and what is a litigator? Basically, everything that takes place once a case is filed in court, up through and including trial, is called “litigation.” If the case isn’t a criminal prosecution, then the case is called “civil” litigation. A lawyer who can engage in litigation is called a “litigator.”
When one party sues another, the litigation officially starts. The plaintiff files and serves a complaint, in which the plaintiff describes the dispute and Continue reading
Lots of lawyers can “litigate” a case, which basically means 1) investigating and filing a lawsuit, 2) engaging in discovery before trial, and 3) dealing with the myriad of motions that arise during the course of a case, such as motions to dismiss (called demurrers in California state court), discovery motions, and motions for summary judgment. However, not many lawyers have actually gone the further step of putting a case on for trial. Continue reading
A lawyer needs to be your advisor. Even in a simple transaction or consultation, a lawyer should be sharing with you his or her viewpoint and analysis. A good lawyer is trained “to think like a lawyer,” plus have expertise in the area for which you hired him. Continue reading
The devil is in the details, as they say. Here are some of the important things you should consider when hiring a lawyer, or making sure you already have the right lawyer.
❏ Law School Education. Qualities of law schools vary extensively. Lawyers attending law schools ranked in the top 20 of the nation may Continue reading