Search Results for 'litigation'

March 2016 - Litigation Edition

March 2016 – Litigation Edition

Highlights of the March Contra Costa Lawyer Litigation edition include articles on discovery sanctions, forensic expert cross-examination, police excessive force cases and more.

October 2014 - Litigation/Bankruptcy

October 2014 – Litigation/Bankruptcy

Highlights of the October 2014 Contra Costa Lawyer edition include articles on bankruptcy, the Sham Guaranty Defense, Right to Repair Act, equity stripping and more.

What to Do if Your Civil Litigation Client Files Bankruptcy

What to Do if Your Civil Litigation Client Files Bankruptcy

The answer definitely is not to continue with the litigation as though nothing has changed.

Alternative Litigation Funders

Alternative Litigation Funders

Litigation funders also argue that they are like insurance companies, but insurance companies are highly regulated, and funders are not regulated at all. Moreover, insurance companies don’t charge 40 percent a year.

How To: Writs of Attachment in Financial Elder Abuse Litigation

How To: Writs of Attachment in Financial Elder Abuse Litigation

This article provides a step-by-step explanation of how to obtain and implement a writ of attachment in a financial elder abuse case.

An Insurance Defense Attorney's Perspective on Effective ADR

An Insurance Defense Attorney’s Perspective on Effective ADR

I would like to share my perspective on how to make the most of the ADR process.  In my 33 years as an insurance defense attorney I have participated in hundreds of mediations. I have also served as a volunteer mediator for the courts in over 100 cases.  In my view ADR is the most […]

I Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements

I Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements

The California bill, SB33, is extremely broad and would prohibit imposing a waiver of a legal right that arises as a result of fraud, identity theft, and any other act related to the wrongful use of personal identifying information as a condition of entering into a contract for the provision of goods or services.

Mediating Fee Disputes Gracefully

Mediating Fee Disputes Gracefully

Getting into a fee dispute with a client can be a bit like walking through a minefield. Stepping cautiously may maximize your ability to recover fees due and help you avoid a malpractice claim or State Bar complaint.

Civility and the Mediation Process

Civility and the Mediation Process

Practicing civility at the mediation session also produces unmistakable dividends, starting with your credibility with the mediator.

Choosing a Great Mediator

Choosing a Great Mediator

Mediators can get places nobody else can. Good mediators promote open dialogue between the parties. And once people talk candidly about their cases, great things happen.

Mediation: The Cure for What Ails Your Case

It comes up all the time: two parties who can’t be in the same room for more than 10 minutes without coming close to blows, but don’t have the money to continue to fund the litigation;  the client who, no matter how many times you explain logically and rationally that their position makes no sense, […]

MCLE Self Study: Ethical Pitfalls of Mediating with Self Represented Litigants

MCLE Self Study: Ethical Pitfalls of Mediating with Self Represented Litigants

Serving as a mediator in a case where one or both parties do not have counsel can create ethical dilemmas for the mediator. California has not adopted a code of ethics that governs mediators in private settings. Attorneys acting as mediators continue to be bound by the California Rules of Professional Conduct.

What Do You Look for When Choosing a Mediator?

Coffee Talk is a regular feature of the Contra Costa Lawyer magazine. We ask a short question related to an upcoming theme and responses are then published in the Contra Costa Lawyer magazine. What do you look for when choosing a mediator? I look for someone who has experience in personal injury work (Plaintiff or […]

A Macro Approach to Large-Scale Construction Defect Matters

A Macro Approach to Large-Scale Construction Defect Matters

Given the relatively high-exposure involved with large-scale construction defect matters, insurers will generally be cautious and hire coverage attorneys to provide critical analyses of their insurance policies against the facts of each case, the identity of their insureds, and the insureds’ scope of work.

Bay Area Cities Implement New Eviction and Rent Control

Bay Area Cities Implement New Eviction and Rent Control Measures

In response to the affordable housing crisis, several cities passed ordinances, and rent and eviction control ballot initiatives became a hot topic for residents in several California cities in the 2016 election.