Lawyer'd Up

What is the California Capital Access Program?

noreply@blogger.com (Richard Wagner) — Thu, 03 Sep 2015 00:13:00 +0000

California Capital Access Program or CalCAP is a loan program run by the California Pollution Control Financing Authority.

Since it began, CalCAP lenders have cumulatively loaned over $2.2 billion to small businesses to assist them in growing or maintaining their businesses.

Because of the way the program is funded,

"financial institutions are more comfortable lending to businesses and typically offer more favorable terms than the business would otherwise qualify for."

One of the loan programs CalCAP offers is the On-Road Heavy-Duty Vehicle Air Quality Loan Program.

Funds from this Loan Program can be used by truck owners, operators, brokers, dispatchers, and fleet managers who are forced to comply with CARB requirements.

Air Quality Loan Program Program Guidelines:

· Heavy-duty trucks and buses

· Over 14,000 GVWR

· 2007 and newer CARB compliant diesel engine technology

· Diesel Exhaust Retrofits

· Loans or Terminal Rental Adjustment Clause (TRAC) leases can be short or long-term

· The maximum loan amount is $5 million

Borrower Eligibility:

· Fleet size must be 0-10 on-road heavy-duty diesel vehicles at the time of loan

· Business vehicle usage must affect California air quality 51%

· Small business under U.S. Small Business Administration guidelines

· 100 employees or less

· Annual revenue must be $10 million or less

· Apply to a Participating Financial Institution for a loan or TRAC lease

Electric Vehicle Dwell Time

noreply@blogger.com (Richard Wagner) — Thu, 27 Aug 2015 21:33:00 +0000

According to the June 18, 2015 webinar presented by the California Pollution Control Financing Authority’s (CPCFA) CalCAP Electric Vehicle Charging Station (EVCS) Financing Program, these are the types of small businesses who would be a good fit for the program:

1. Vehicle Manufacturers,
2. Fleet owners,
3. Retail and Commercial Businesses,
4. Developers, and
5. Landlords and HOAs.

Let’s talk about dwell time …

How much time will the EV driver spend in the “electrified” parking lot?

Business owners must consider dwell time when deciding between Level 2 or DC Fast Chargers. However, not all electric vehicles support DC Fast Chargers (aka Level 3), but all EVs support Level 2.

California Truckers - Regulators Are Watching You

noreply@blogger.com (Richard Wagner) — Thu, 27 Aug 2015 16:51:00 +0000

California regulates trucks, buses, heavy-duty diesel vehicles, tractor-trailers; and to ensure compliance, has a Heavy-Duty Vehicle Inspection Program (HDVIP) and a Periodic Smoke Inspection Program (PSIP).

Truck owners, operators, brokers, dispatchers, and fleet managers are regulated.

Diesel trucks and buses that operate in California must be upgraded to reduce emissions. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent.

CARB’s Truck and Bus Regulation, applies to:
- Diesel vehicles with a gross vehicles weight rating greater than 14,000lbs.,
- Privately and federally owned trucks and buses that operate in California,
- Any person, business, school district, tribal reservation, or federal government agency that owns, operates, leases or rents affected vehicles.

The Truck Regulation Upload, Compliance and Reporting System (TRUCRS) is the website for online reporting questions, tools, and information.

Click here for the 2015 Truck and Bus Online Reporting Guide which will helps report online to meet the reporting requirements of the CARB’s Truck and Bus Regulation.

The Truck and Bus Fleet Calculator is an Excel spreadsheet to assist fleet owners in evaluating various compliance strategies to comply with the Truck and Bus Regulation.

The Tractor-Trailer GHG Reduction Regulation applies: to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the heavy-duty tractors that pull them on California highways.

The regulators have an Inspection Process. There are consequences of non-compliance, and CARB regulations affect most diesel vehicles and equipment operating in the State.

California’s two smoke inspection programs, test equipment, test procedures, record keeping requirements, regulations and advisories dealing with mobile diesel equipment.

{Updated Blog Post} Microloans Skinny

noreply@blogger.com (Richard Wagner) — Thu, 27 Aug 2015 00:46:00 +0000

Microcredit is the extension of very small loans (microloans) to impoverished borrowers. Up until this post, I had no idea about microloans until I heard about it tonight.

I heard someone tell a story about a grandma in Bangladesh, who got a microloan for a sewing machine, and the grandmother was able to lift herself out of poverty, because of the microloan.

I started doing some online research --> Wikipedia

For those who wish to go a bit further:

Platforms connecting lenders to micro-entrepreneurs on the World Wide Web, MYC4,Kiva, Zidisha, Opportunity International and the Microloan Foundation.

The impact of microcredit is a subject of much controversy.

Its presented as having "enormous potential as a tool for poverty alleviation."

Critics argue, however, that microcredit has not had a positive impact on gender relationships, does not alleviate poverty, has led many borrowers into a debt trap and constitutes a "privatization of welfare"

The origins of microcredit can be linked to several organizations founded in Bangladesh, the Nobel Peace Prize was awarded to a person in 2006 for providing microcredit services to the poor.

The Executive Branch: Marijuana Resource Center

noreply@blogger.com (Richard Wagner) — Tue, 25 Aug 2015 22:37:00 +0000

Not to get too technical on you, but remember how there are 3 branches of government? The Executive Branch aka the White House has a Marijuana Resource Center: State Laws Related to Marijuana.

I visited it and found this interesting info:

Since 1996, 23 states and Washington, DC have passed laws allowing smoked marijuana to be used for a variety of medical conditions. It is important to recognize that these state marijuana laws do not change the fact that using marijuana continues to be an offense under Federal law.

Voters in Alaska, Colorado, Oregon, and Washington state also passed initiatives legalizing the sale and distribution of marijuana for adults 21 and older under state law.

District of Columbia voters approved Initiative 71, which permits adults 21 years of age or older to grow and possess (but not sell) limited amounts of marijuana. There are critical differences in marijuana laws from one state, county, or city to another. For more information, refer to the National Conference of State Legislatures (NCSL).

It is important to note that Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime. The Department of Justice (DOJ) is committed to enforcing the Controlled Substances Act (CSA) ...The Department’s guidance is available on the DOJ Web site, and provides further detail.

See how in that last paragraph, the Executive Branch has let it be known what another branch of the government - Congress aka the Legislative Branch, has done regarding marijuana, and the Executive Branch's hands are therefore tied.

noreply@blogger.com (Richard Wagner) — Fri, 07 Aug 2015 00:04:00 +0000

Thursday 8/6/15

feel like going a little Allan Malamud

"Notes on a Legal Pad"

might do some [volunteer] work for the Equipment Leasing & Finance Foundation, might do some research on how software is being financed. Interesting questions in the study ... the litmus test that makes software a financeable asset.

steps to take file a trademark Criminal Defense Strikeforce; Strikeforce Attorneys of America

spoke with Lou today .. commercial truck dealer. Lou used to send {some of} his customers to finance the sale of his trucks and trailers. vendor finance program vs. one-off financings.

Lou says he his brother Manny is in the aircraft business and wants to discuss Aircraft leasing. From what I've heard, Aircraft leasing not only involves a really expensive piece equipment, but it's maintenance-intensive. Plus, there risk issues are high because of the primary purpose of the whole thing: flying passengers and cargo safely across {possibly international} borders doesn't sit well with lenders;

got a call from friend who is closing down her successful criminal defense practice to accept a seat on the bench as a Commissioner in Los Angeles ...

noreply@blogger.com (Richard Wagner) — Wed, 29 Jul 2015 00:15:00 +0000

Some fresh links for getting paperwork straight - making sure DPF or pm filters are compliant.

{Updated} California's EV Charging Station Incentive

noreply@blogger.com (Richard Wagner) — Fri, 17 Jul 2015 22:17:00 +0000

The program:
CalCAP Electric Vehicle Charging Station (EVCS) Financing Program

The goal:
increase installation of electric vehicle (EV) charging stations by small businesses in California.

The benefits:
· Access to capital
· Promoting green business practices ...
This has intrinsic value that can't be measured. Ted Ludwick who manages the EV Program at AmazonLab126 talks about how employees expect their workplaces to be equipped with EV Charging Stations.
· Additional source of revenue
· Expanded Customer Base
· Increased Customer Satisfaction
· Reduced cost due to borrower rebate
· Increased opportunities for EV market penetration in disadvantaged communities and Multi-Unit Dwellings

Ted Ludwick also says charging stations increase property value. They are sleek and modern looking, not ugly.

The guidelines:
-Use the money for installation, acquisition & operation of 1 or more EV charging stations, including:
· Design & development
· Electric panel or grid improvements
· Materials and supplies
· Signage
· Hardware and software, and
· Labor to install, operate, and maintain fully operational EVCS during the term of the loan

-EVCS Site must be in California;

-EVSE must be accessible to the business owner's employees, general public, tenants of a Multi-Unit Dwelling

The process:
Apply to participating lender like Dimension Funding
Control EVCS Site For Loan Term
Certify EVCE meets technical requirements
Qualify to do business in CA as any business entity such as a corporation, partnership, cooperative (public entities excluded)*
Non-profit or for-profit
1000 or fewer employees

*Financing still may be available if ineligible for program

[Updated Blog Post] Cuban: "Put That Coffee Down" OK Marc Can Have some coffee now

noreply@blogger.com (Richard Wagner) — Fri, 10 Jul 2015 21:33:00 +0000

Not that it means anything ... but on SportsCenter this weekend @mcuban quoted the exact same quote from the end of this July 10 post (see below). When asked about DeAndre Jordan, Marc Cuban shrugged and quoted Alec Baldwin’s character in Glengarry Glen Ross.

During this segment, Marc finally began to act like I thought he should have from the beginning. Instead of insisting on an apology, then criticizing the apology he received, etc. - Marc "man'd up" and did what any dude in sales does after letting a deal slip thru his fingers ... quote lines from classic movies about sales.

***********************************
{original post}
Does anyone think athletes negotiate their own deals? There are probably some athletes who do. The media doesn't help clear up the confusion when it misleadingly reports the news as, “DeAndre Jordan has just agreed to ….” Or “So and So player agrees to …”

Yo, it’s not the player, but the player’s agent, who does the talking, makes the phone calls, sends the emails, and texts. These agents have degrees (many of them lawyers); they are experts in deal making. See Jerry Maguire, Bob Sugar, Scott Boras...

I guess if the player wanted to be extra, extra nice he could give him a call in a few days or so. Maybe drop by and chat briefly before a game. I hear so many dudes calling up sports radio, raving about DeAndre needing to man up, that DJ owes Marc a phone call, he left him high and dry!!! And the hosts unwittingly respond with the cliche, "you're preaching to the choir!" See @DanGraca and Doggy's cast of characters.

Hold On. When owners trade or cut players, I thought the line was: "It’s not personal, it’s business." It surprises me that Marc, the man who kicked ass in business to the point where he was able to realize the dream of becoming an NBA owner, would not look at it from this point of view.

But that is what will happen when you don’t close that $ 80 million dollar deal you've been working on for the last couple of weeks. I think he’s a little bit embarrassed. It hurts to lose a deal. He’s had tons of big deals before, but this one has to hurt. That’s why people sometimes choose not to announce their deals until the customer, as Alec Baldwin’s character said in Glengarry Glen Ross, signs on the line, which is dotted.

[New Blog Post] and AIG Wins ...Nothing

noreply@blogger.com (Richard Wagner) — Tue, 16 Jun 2015 22:43:00 +0000

The folded up copy of today's LA Times my dad left on my desk, in my cubicle, letting me know about "the big case ..."

uh Dad, like I say just about every time you give me an article, I read the paper every morning. And btw, I read the article. But thanks anyway, cuz it's a great case.

The caption above the photo of former AIG Chairman & CEO Maurice [who goes by the nickname "Hank"] Greenberg, wearing a business suit is clever: Ex-AIG chief wins suit.

Because I get it. He won that suit. The suit he is wearing in the photo, right? No wait.

Although his lawyers proved the $85 billion dollar loan AIG got during the financial crisis was "an illegal exaction under the 5th Amendment," because "there is no law permitting the Fed to take over a company and run its business in the commercial world as consideration for the loan," the judge awarded no money to Hank or other shareholders.

According to the article, Hank had swung for the fences, and sought more than $40 billion in damages.

[New blog post] Bobby Shaps: Hindsight 20/20

noreply@blogger.com (Richard Wagner) — Tue, 16 Jun 2015 17:07:00 +0000

Big-time lawyers going at each other's throats. You got to like this one. As my good, old buddy Stevie Gold (@loveddrj), who never misses an opportunity to nickname someone would say, Bobby Shaps and Mark Geragos (not sure what he'd call him other than Marky) are making headlines.

Bob's trial work is being questioned by Mark. Did you know Mark was an appellate lawyer? He has been hired by Bob's old client. Despite Bob's representation, the client was convicted at a jury trial of several felonies, including unlawful sexual intercourse, and is serving time.

There were two women involved. Mark was successful at getting one of the convictions overturned with newly discovered evidence: a video.

[New Blog Post] Updated: The Brady Case Still Lawyering Up

noreply@blogger.com (Richard Wagner) — Wed, 13 May 2015 22:44:00 +0000

... the legal framework for the Tom Brady case...

The collective bargaining agreement (CBA) between the NFL and the NFLPA, the Constitution and Bylaws of the NFL, and to some extent, the Official Playing Rules of the NFL are in play... see Rule 2.

One of the parties to the CBA - the NFL, the employer, hired a criminal attorney, Ted Wells, to investigate Tom Brady. Here is a link to the report produced by Wells. While reviewing the report, keep in mind my post on Attorney-Client Fee Agreements.

Do yourself a favor and read through the executive summary of the report. It's extremely thorough and good. Way better than any incident report filed by a law enforcement agency. It is not even a close call whether it is more probable than not that Brady knew about the balls. As the report says, a "contrary conclusion requires the acceptance of an implausible number of communications and events as benign coincidences."

Although Brady didn't give up his cell phone, the ball boys - Jastremski (Equipment Manager) and Jim McNally (Official Locker Room Attendant) did.

The text messages between these geniuses is powerful evidence. Tom Brady's agent / lawyer - Don Yee, guaranteed Brady would appeal. He has, and has retained Jeffrey L. Kessler. Yee had said "the discipline was ridiculous and had no legitimate basis."

Jonathan Vilma said he would "tell Brady to fight the emotion of defending himself publicly, lawyer up and begin to devise a plan to beat the NFL ..."

According to SB Nation, Brady's legal team was enough to convince one of Adam's Schefter's sources that the suspension will be overturned.

"Brady's team is unreal," the source said. Talented big name lawyers: Yess, Kessler, etc. Prediction=won't miss a game."

Below are some relevant parts of the CBA.

Section 1. Governing Law: To the extent that federal law does not govern the implementation of this Agreement, this Agreement shall be construed and interpreted under, and shall be governed by, the laws applicable to contracts made and performed in the State of New York

APPENDIX A

NFL PLAYER CONTRACT

15. INTEGRITY OF GAME. Player recognizes the detriment to the League and professional football that would result from impairment of public confidence ... Commissioner will have the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice, to fine Player in a reasonable amount; to suspend Player for a period certain or indefinitely

19. DISPUTES. During the term of any collective bargaining agreement, any dispute between Player and Club involving the interpretation or application of any provision of the NFL collective bargaining agreement or this contract will be submitted to final and binding arbitration ...

Commercial Truck Sales: Transfer of Ownership - Passing Title

noreply@blogger.com (Richard Wagner) — Fri, 08 May 2015 20:43:00 +0000

The term "ownership" generally refers to possession of title and the ability to convey that title to another. The UCC says when title passes in the sale of a truck or trailer from the seller to the buyer.

U.C.C. §§ 2-401(2) and (3) provide:

(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading.

(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
(b) if the contract requires delivery at destination, title passes on tender there.

(b) if the contract requires delivery at destination, title passes on tender there.

(3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods,

(a) if the seller is to deliver a document of title, title passes at the time when and the place where he delivers such documents; or
(b) if the goods are at the time of contracting already identified and no documents are to be delivered, title passes at the time and place of contracting.

(b) if the goods are at the time of contracting already identified and no documents are to be delivered, title passes at the time and place of contracting.

Although preferable and most likely required under any lender's or dealer's policy, it is not necessary for there to be a transfer of the certificate of title for title to pass, nor must the purchase price be paid. To determine when a transfer of ownership takes place, the most important element is the intention of the parties demonstrated by their actions with respect to the transaction.

All-in-One DUI Law Office Food Truck / Banana Stand

noreply@blogger.com (Richard Wagner) — Mon, 18 Aug 2014 23:53:00 +0000

"There it is, dude," read the text from my friend, "Across from Metro. Another dream stolen. All-in-one DUI law office and taco stand. Left line for payments. Right line for sticky's, notarized Tahls and '2 for 1' burritos."

Great idea: Reminds me of the Bluth Banana Stand in Arrested Development.

Don Sterling Always Lawyering Up

noreply@blogger.com (Richard Wagner) — Fri, 20 Jun 2014 18:11:00 +0000

Another issue comes to mind In Re the Donald Sterling case:

If Don is judicially determined to be mentally unfit to serve as the family trustee, could that decision have an effect on whether he had the capacity to make the attorney-client fee contracts between him and his lawyers?

Are those attorney-client contracts voidable and subject to rescission?

There is a rebuttable presumption which affects the burden of proof that a person is of unsound mind if the person is substantially unable to manage his or her own financial resources.

Isn't that the reason the doctors gave for Don being unfit to be co-trustee of The Sterling Family Trust?

"In my opinion he is substantially unable to manage his finances and resist fraud and undue influence, and is no longer competent to act as trustee of his trust," concluded Dr. James E. Spar, who is affiliated with the division of geriatric psychiatry at UCLA.

If Don is willing to sue his wife and the NBA, do you think he'd be shy about litigating against his lawyers?

Attorney-Client Fee Agreements

noreply@blogger.com (Richard Wagner) — Mon, 16 Jun 2014 18:30:00 +0000

To understand the Donald T. Sterling case, look at it from the point of view of an attorney-client fee agreement.

There are two basic agreements: litigation on a hourly basis and non-litigation on an hourly basis. Either way, the lawyer, and his business partners, can make serious money with the right client and the right case.

According to the State Bar website when drafting an attorney-client fee agreement:

An attorney should err on the side of inclusion when enumerating standard rates, fees and charges. In an hourly case, fixed or minimum charges for specific functions should be clearly set forth in the agreement to avoid misleading the client. For example, most firms have a minimum billing unit; some charge a minimum time for a telephone call, letter, or court appearance; others charge flat fees for the use of standardized documents developed over the years, or for specific tasks.

Senior partners-------------------------/hour
Partners---------------------------------/hour
Associates------------------------------/hour
Paralegals-------------------------------/hour
Law clerks------------------------------/hour

Costs and expenses that are passed through should be enumerated in enough detail to avoid misunderstanding. Charges passed through other than “at cost” should be detailed to avoid omitting a “standard rate, fee or charge.” Caution should be exercised in “marking up” or “surcharging” costs, as some authorities consider such practices unethical. Caution should also be exercised in charging for items that would be considered general office overhead.

Think about Maxwell Belcher's hourly rate. He's earned it. Combine that when he and his partner and a law clerk discuss the case, after they take a conference call from Don. When Don calls the firm, they probably get at least 2 Associates, a Paralegal and a Partner on the line: assemble the team.

Time is charged in minimum units of one-tenth (. 1) of an hour. The following have higher minimum charges:

Telephone calls:
Letters:
Other:

The costs and expenses commonly include, service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, long distance telephone charges, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees and other similar items. Except for the items listed below, all costs and expenses will be charged at Attorney’s cost.

In-office photocopying /page
Facsimile charges /page
Mileage /mile
Other:

The latest news is that Sterling has hired private investigators. Consider a typical provision in a standard attorney-client fee agreement. Don calls in ... the team assembles for the conference call. Don wants to hire a private investigator. They decide to hire 4 separate firms.

Experts, Consultants and Investigators. To aid in the preparation or presentation of Client’s case, it may become necessary to hire expert witnesses, consultants or investigators. Client agrees to pay such fees and charges. Attorney will select any expert witnesses, consultants or investigators to be hired, and Client will be informed of persons chosen and their charges.

Lawyer Videos

noreply@blogger.com (Richard Wagner) — Wed, 04 Jun 2014 21:09:00 +0000

Two remarkable lawyer videos:

One is (allegedly) an advertisement:

The other is (allegedly) from a Florida courtroom:

Notes on Sterling's response to the NBA

noreply@blogger.com (Richard Wagner) — Fri, 30 May 2014 23:18:00 +0000

II - The Commissioner Has Not Established a Violation of the NBA Constitution

I love how Sterling's lawyer distills the entire event into a simple sentence:

"A jealous rant to a lover never intended to be published cannot offend NBA rules."

I Because the Conversation that V. Stivano Illegally Recorded Invades Sterling's Rights ... Cannot Be Used For Any Purpose, These Proceedings Must Be Terminated.

A person's privacy may be invaded when another person is found in violation of Penal Code section 632(a). V. Stiviano may have been in violation of California law. However, she has not been arrested or charged. She may become a defendant in a misdemeanor case. But to my knowledge the case hasn't been referred to the LA City Attorney's Office.

Her eavesdropping could also make her liable for damages if Donald T. Sterling were to sue her for invasion of privacy under the California Constitution.

While Sterling may have a right to expect that his private, confidential communications will not be recorded, his expectation of privacy under the circumstances must be reasonable.

The man was having an extra-martial affair. In most people's view, even in our enlightened society, those particular circumstances would tend to diminish one's expectation of privacy.

It's highly doubtful that any court would allow a litigant to invoke his Constitutional right to privacy to protect hate speech that took place during a conversation between an 80-year old married man and his much younger paramour.

There are so many other flawed arguments in that beautifully crafted pleading.

Oh, man, I wonder how much that thing cost?!

Looks like the problem is solved for now, though. Ballmer is prepared to peel off 2 off his stack of 20 billion.

Silver's Evidence Against Sterling

noreply@blogger.com (Richard Wagner) — Wed, 21 May 2014 22:00:00 +0000

James Rainey and Nathan Fenno of the LA Times reveal the evidence the NBA has against Donald T. Sterling and his wife.

According to the article, there is more than the recording of the conversation between Donald and V. There is "a voluminous collection of accusations and statements."

The NBA sent Sterling an impressive looking "30-page document which included hundreds of pages of supporting statements." The expenses incurred in simply preparing the document and for postage alone were impressive in and of themselves. The Times reports that a lawyer by the name of David B. Anders, from New York, interviewed V. Stiviano and 20 Clippers employees and collected statements from "14 league officials and others."

Although the focus is on former attorney Donald T. Sterling fka Donald Tokowitz, the documents suggest the league is aware that the State of California considers any property acquired during a valid marriage by a husband or a wife community property and seeks to terminate his wife's ownership interest, as well.

As mentioned in a previous post, Shelly Sterling has retained lawyer, Pierce O'Donnell. His client and her husband have been living apart for more than a year, according to the article. Therefore, she should just be given her half and be done with it.

However, the Association says "significant evidence exists in the public record and otherwise that Mr. and Mrs. Sterling are not in any sense estranged."

By the way, here is the press release from the Department of Justice announcing the $2.75 million settlement Sterling paid in the Housing Discrimination lawsuit. (By the way, this could be one of the "hundreds of supporting documents" in the 30 page document Sterling received).

(update: Link to Donald Sterling's Answer To The Charge)

Bill To Change Meaning of Fixed Flat Fee

noreply@blogger.com (Richard Wagner) — Fri, 16 May 2014 21:26:00 +0000

Jacqueline Goodman let members of the Criminal Defense Strikeforce Facebook page know:

AB 1515 was passed by the Assembly Committee this week (May 6). This bill mandates that any fees paid to an attorney CANNOT be deposited into the attorney's checking account, but must instead be placed in trust account until all services are done/fees earned. So, if you accept a flat fee to represent a client in, say, a DUI case, you cannot deposit those funds in your checking acct, but must put in trust until services complete. Anyone with any thoughts/contacts please contact me or the legislative committee of the CACJ directly.

Clippers Out: Sterlings Lawyer Up

noreply@blogger.com (Richard Wagner) — Fri, 16 May 2014 16:26:00 +0000

The Clippers are out of the NBA playoffs.

The Sterlings have Lawyer'd Up:

Donald Sterling has reportedly retained Maxwell Belcher.

Considering Sterling has his own law firm, don't know what it says about the talent he employs that he has to hire an outside lawyer.

First order of business: draft and send correspondence to NBA HQ re not paying past due $2.5 million fine.

Shelly Sterling has reportedly retained Pierce O'Donnell. The Clippers are considered community property in California. Therefore, the Clippers, estimated to be worth $575 million are 50% hers.

[update] Some Things Technology Can't Automate

noreply@blogger.com (Richard Wagner) — Thu, 15 May 2014 22:29:00 +0000

[Update: Jeff, referenced below, has moved on to this firm.]
Another Jeff's kid started Kindergarten today. Compare his kid's schedule to the one below ...

There are so many software companies and firms with consultants that promise to take the headache out of running the business of law.

Sole-proprietors and law firm administrators field pitches by experts who have the perfect solution to manage a law firm's workflow.

It doesn't matter what type of office environment in which you work, if there are several people interacting, trying to get the job done, the situation is similar.

Whatever is referred to as the workflow or process by which things get done, there is always tension between those telling / asking to get things done, and those who get asked / told to do those things.

There are some things software just can't automate, such as the first couple hours of everyday, according to Arthur...

8:30 a.m. show up to work

8:35 a.m. turn on computer

8:35-8:45 a.m. computer boots up

8:45 a.m. open internet browser(s), check personal email, check Facebook

9:05 a.m bathroom break

9:15 a.m. check work email

9:30 a.m. ask attorney if s/he really needs it done by today?
[Jeff's suggestions: 9:35 a.m. contemplate quitting
9:40 a.m. contemplate suicide]
9:45 a.m. go to Starbucks

Supreme Court DUI Blood Case [Follow Up]

noreply@blogger.com (Richard Wagner) — Thu, 18 Apr 2013 18:32:00 +0000

After the US Supreme Court ruling yesterday in Missouri v. McNeely, the question comes to mind: What are exigent circumstances? Exigent Circumstances are the "immediate and serious consequences that would occur" if time was used to get a warrant.

Some examples are:

the "automobile exception,
search incident to arrest,
inventory searches,
hot pursuit,
stop and frisk,
border searches,
plain view,
school searches,
seizure of package pending issuance of a warrant,
consent searches; and
administrative searches.

In each case where a search is sought to be justified on the basis of "exigent circumstances," it must be decided on its own facts, but the "critical commonality shared by exigency cases is the need for quick action in an emergency situation." Murdock v. Stout, 54 F.3d 1437, 1440 (9th Cir. 1995).

There are a number of situations which will justify a warrantless entry or search. Among the most common is where obtaining a warrant would result in the loss or destruction of evidence.

However, in Missouri v. McNeely, the Supreme Court refused to recognize this as a blanket exception to the warrant requirement in DUI cases where police seize a suspect's blood sample without consent.

Who has to prove that immediate and serious consequences would have occurred if the cops attempted to get a warrant? Since 1984, the law has been unchanged . . .

"The police bear a heavy burden when attempting to demonstrate an urgent need that might justify warrantless searches or arrests." Welsh v. Wisconsin, 466 U.S. 740, 749-750, 104 S. Ct. 2091, 80 L. Ed. 2d 732 (1984).

Show Me The Warrant In (some) DUI Blood Cases

noreply@blogger.com (Richard Wagner) — Thu, 18 Apr 2013 00:15:00 +0000

U.S. Supreme Court filed Missouri v. McNeely today, refusing to recognize a categorical exception to the warrant requirement in DUI cases where the police order a person's blood drawn against his or her will.

Drawing a person's blood is a search described by the Court as a compelled physical intrusion beneath one's skin into one's veins to obtain a sample of blood for use in a criminal investigation.

While the natural dissipation of alcohol may allow blood to be drawn without a warrant in a specific case, whether a warrantless blood test of a drunk driving suspect is reasonable under the Fourth Amendment must be determined case by case on the totality of the circumstances.

The court explained the importance of requiring authorization from a "neutral and detached magistrate" before allowing a cop to invade another's body in search of evidence is indisputable and great.

In those drunk driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do.

LBUSD Sues Woman Who Falsely Accused Banks

noreply@blogger.com (Richard Wagner) — Mon, 15 Apr 2013 16:59:00 +0000

The LA Times reports the Long Beach Unified School District has lawyer’d up and sued the woman who falsely accused ex-Long Beach Poly High football star Brian Banks of rape inside a building of the school’s campus in 2002.

Banks had spent five years in prison and another five years on parole. The school district wants the $1.9 million it spent defending itself after the woman sued the district and collected a $750,000 settlement.

The district also wants to recoup attorney fees as well as $1 million in punitive damages, according to the LA Times.

Banks insisted the sexual contact was consensual, but his criminal defense lawyers advised him to plead no contest rather than risk being sentenced to 41 years to life in prison. Banks followed his attorney’s advice and spent five years in prison and another five on parole.

Then in February 2011, the woman found him on Facebook. She allegedly admitted to lying about the alleged rape in a conversation that was taped by Banks and a private investigator.

The tape ultimately led to Banks being set free in May 2012.