Tag Archives: law
When Does a Lawyer Have a Conflict of Interest?
As we discussed in a previous post, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the lawyer owes a specific type of legal duty…. Read More »
Does a Property Owner’s Knowledge of Risks Increase Liability?
Premises liability generally arises where a property owner, or someone in possession or control of real property, has actual or constructive knowledge of a dangerous condition, and fails to take proper steps to repair and/or warn people about the risk. However, the law does generally require the defendant to have either actual knowledge or constructive knowledge… Read More »
How Do Courts Evaluate “Duty” Under Premises Liability Law?
STATUTES MAY ESTABLISH THE EXISTENCE OF A DUTY Sometimes, the land owner’s duty (or the duty of someone who possesses or controls real property) is established by statute. Statutes–the formal word for laws created by a legislative or administrative body–establish various duties with which persons who own, control, or possess real property must comply. Where… Read More »
Who Can Practice Law in California?
ONLY ACTIVE MEMBERS OF THE CALIFORNIA BAR CAN PRACTICE LAW IN CALIFORNIA LEGALLY. The California Business and Professions Code states that “[No] person shall practice law in California unless the person is an active member of the State Bar.” (Bus & Prof Code § 6125) This means that only lawyers who possess an “active” California… Read More »
