Generally, estate planning attorneys who draft California Trusts and Wills can only be sued for legal malpractice by the client who hired them. But there is a narrow exception to this general rule where an estate planning attorney’s mistake harms “intended beneficiaries” of the Trust or Will—even though the intended beneficiaries were never the attorney’s […]
What if you could file a simple motion at the outset of a lawsuit and have a court decide the case in your favor? Sounds good to me. But ending a lawsuit quickly is not as easy as you may think. In part, that’s because of our Constitutional Right to Due Process, which means each […]
A motion for summary judgment is a technical device used for asking a court to rule on your case before conducting a full-blown trial. Summary judgment can only be used to decide questions of law—not fact. For example, if everyone agrees that a joint account was titled in the name of two people, then the […]
So what is your lawsuit exit strategy? You really only have two choices: go to trial or settle. Trial is hard, settlement is easy, but you are entitled to a trial, not a settlement. Trial is the ultimate dispute resolution provider. You are entitled to trial as a matter of law and the judge or […]
If you are entering into a lawsuit in our justice system, you really need to adjust your expectations. This is not a television show or movie about the law that will get to trial and resolved (in your favor of course) in two hours or less. Real life is different. Your lawsuit is likely to […]
Lawsuits are expensive. Lawyers cost money, the court charges fees, expert witnesses are expensive, even subpoenaing bank or medical records can cost a small fortune. There are times when someone’s rights may not be protected because there simply is not enough at issue to justify the cost of litigation. It can be a shame. But […]
Talking to lawyers can be difficult. We speak a different language and most lawyers have trouble making legal concepts understandable to clients. Further, most clients worry about things that the lawyer views as minor or irrelevant—sometimes that’s true, sometimes it’s not. Further, everyone has different preferences as to how often they want to hear from […]
Selecting a car is easier than selecting an attorney because with a car you can see the features you are buying, take it for a test drive, and understand the value for which you are paying. I can’t demonstrate for you our latest lawyer model (complete with full leather suits, heated loafers, and twin turbo […]
The key to any fiduciary relationship (such as being a Trustee, Executor, Conservator, Agent, etc.) is to avoid conflicts of interest. A fiduciary is supposed to do the right thing in all situations. And that cannot be accomplished if the fiduciary is taking advantage of his situation. For example, if a Trustee is buying an […]
Fun fact: Trusts are not testamentary documents. That means Trusts do not have to follow all of the strict rules required to make a valid Will. Wills require a written document, signed by the decedent and witnessed by two witnesses…not so for Trusts. Trusts fall into a broad category of estate planning vehicles known as […]
