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 […]
Mediations are widely misunderstood, I think. Some people like them, some people hate them, and most people have no idea what they even are. Mediations are really just settlement talks. It is a meeting in a neutral office usually with a neutral party present. The neutral party is either a lawyer or a retired judge, […]
Many people think that they can march into court and present whatever document or witness they have to the court. But trial is not that easy. There is an entire Evidence Code designed to stop unreliable information from reaching the ears of the decision maker (either judge or jury). The Evidence Code is meant to […]
We have all seen a television show or movie where a lawyer stands up and presents a “surprise” witness. The crowd in the courtroom gasps, the opposing attorney stands up and strenuously objects, but the judge allows the witness to take the stand and the case is won on the strength of this single witness. […]
If you are heading into trial, you will be expected to prepare and file a trial brief with the court. Every judge is a little different and some of them want specific items in the trial brief (so check your local rules and the judge’s trial preparation rules). But the basics are fairly similar throughout […]
So you want to appeal your Orange County Trust or Will lawsuit, are you sure? Overturning a trial court’s decision on a Trust or Will matter is not so easy. In fact, that is true of most trial court decisions, but even more so in probate because of the wide discretion given to judges in […]
Appealing a Probate Court’s order on a Trust or Will lawsuit is not so easy. That is true of nearly all civil cases actually—appellate review is rather limited in scope and therefore rarely results in overturning a trial court decision. In fact, the law states that an appeal court is not supposed to re-try the […]
