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Children Confounding the Courts; An Immigration Conundrum

Children Confounding the Courts; An Immigration Conundrum

Separation of families at the border has been a big part of the news of late. According to the Department of Homeland Security, last Spring 2,342 children had been separated from their parents after crossing the Southern U.S. border. However, according to a report issued on January 17, 2019 by the inspector general for the […]

Minor's Counsel - Protecting Children's Rights in Family and Probate Court

Minor’s Counsel – Protecting Children’s Rights in Family and Probate Court

Minor’s counsel is often the only way that courts can receive evidence about the child and his/her family from that an attorney charged solely with presenting evidence purely focusing on the child’s needs, not the needs/desires of the competing adults.

The Child as a Witness in Dissolution Proceedings

The Child as a Witness in Dissolution Proceedings

Clients often ask whether their child will have to choose which parent he or she wants to live with after the divorce. As with most legal questions, the answer is—It depends. While a child is not required to express to the court his or her preference or to provide any input regarding custody or visitation, […]

A Safe Place to Talk -  New Law Requires Support Services for Transgender Youth in Foster Care

A Safe Place to Talk – New Law Requires Support Services for Transgender Youth in Foster Care

On September 14, 2018, Governor Jerry Brown signed Assembly Bill 2119 amending Welfare and Institutions Code sections 16010.0 and 16010.2 to provide gender affirming health care and mental health care to foster youth.

CASA: Speaking Up for Youth - An Interview with Ann Wrixon, Executive Director of Court Appointed Special Advocates (CASA) of Contra Costa County

CASA: Speaking Up for Youth – An Interview with Ann Wrixon, Executive Director of Court Appointed Special Advocates (CASA) of Contra Costa County

Research shows that children in foster care with CASA advocates have much better outcomes. They are able to find a safe, permanent home, spend less time in foster care, are less likely to be bounced from home to home.

Every Child's Right to a Free Appropriate Public Education: The Basics

Every Child’s Right to a Free Appropriate Public Education: The Basics

Children, families, and society are well-served when special needs students are educated and helped to achieve their maximum potential. Parents should be aware that they are not alone in this pursuit.

Strict New Mediation Rule Now Effective

Strict New Mediation Rule Now Effective

What happens in Vegas stays in Vegas (or so they say).  And what happens in mediation stays in mediation. Or does it? In 1996 Michael Cassel obtained a “Global Master License” (“GML”) to sell Von Dutch clothing.  He founded a company (“Von Dutch Originals, L.L.C.) (“VDO”) to sell clothing under that name.  Cassel thereafter lost […]

Conflicts of Interest Under California’s New Rules of Professional Conduct

Conflicts of Interest Under California’s New Rules of Professional Conduct

Although there seems to have been no detectable tremor in the force, on November 1, 2018, California’s first nearly complete overhaul of its Rules of Professional Responsibility (“Rules”) in nearly 30 years came into effect.  In addition to renumbering the rules to conform to the ABA Model Rules, California’s new rules enact a number of […]

I’m Too Sexy . . .For My Client!  New Rules on Sexual Relations Between Attorneys and Their Clients

I’m Too Sexy . . .For My Client! New Rules on Sexual Relations Between Attorneys and Their Clients

Following years of drafting, review and revision, the California Supreme Court ordered new Rules of Professional Conduct (“Rules”) to go into effect November 1, 2018. This was the first such comprehensive overhaul of the Rules since 1989, and brought them more into line with the American Bar Association (“ABA”) Model Rules, albeit with a distinct […]

Rule 1.18: Guess what? You have a duty to prospective clients

Rule 1.18: Guess what? You have a duty to prospective clients

Until the passage of the new rules, a mix of Professional Rules, Evidence Code, Business and Professions Code and case law created limited duties to prospective clients. These duties emphasized an attorney’s duty of loyalty, confidentiality and competence and evolved from an attorney’s duty to existing and former clients. Rule of Professional Conduct 1.18 now firmly […]

Rules 1.5, 1.5.1 and 1.15 - Changes to How Attorneys Hold Funds and Charge Fees

Rules 1.5, 1.5.1 and 1.15 – Changes to How Attorneys Hold Funds and Charge Fees

In the newest version of the California Rules of Professional Conduct (“Rules”), the Commission has made several changes relating to how attorneys hold funds and charge (and divide) fees. Rules 1.5 (“Fees for Legal Services”) and 1.15 (“Safekeeping of Funds”) are the two rules that present the most significant changes concerning how attorneys charge their […]

This Hearing May Be Recorded for Your Protection

This Hearing May Be Recorded for Your Protection

Introduction If you represent clients who have been granted fee waivers, you undoubtedly are aware of Jameson v. Desta (2018) 5 Cal.5th 594, a July 2018 California Supreme Court decision dealing with fee waiver litigants and access to an official verbatim record of proceedings. Although Jameson is a lengthy opinion, its holding is summed up […]

Welcome to the Board

Welcome to the Board

The CCCBA welcomed four new members to its board of directors for 2019. Cary McReynolds Cary McReynolds has practiced as the principal of CDM LAW in Danville since 2012.  His practice is centered in litigation—primarily real estate, construction, and business—and general legal matters for his varied client base. In all matters, Cary leverages technology in […]

Win-Win: CCCBA's Moderate Means Program

Win-Win: CCCBA’s Moderate Means Program

The Moderate Means program, offered by the Contra Costa County Bar Association, was created to help moderate income individuals and families with legal assistance in the areas of Family, Immigration, Housing and Elder Law.

Introducing Your 2019 Section Leaders

Introducing Your 2019 Section Leaders

We would like to introduce you to an extraordinary group of hardworking and dedicated individuals.  Faster than speeding bullets, more powerful than locomotives, able to leap tall buildings in a single bound are just a few of the incredible characteristics of CCCBA’s 2019 SECTION LEADERS. These marvelous individuals are the true super heroes of the […]