Articles

Apology, Forgiveness, and Reconciliation

Forgiveness is a word that has a variety of definitions, meanings, and connotations. Depending on personal beliefs and values, forgiveness has different roles in peoples’ lives. Therefore, when someone tells you they forgive you, there are a multitude of meanings that may behind it. These varying views of forgiveness can best be seen by the […]

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A Role for Apology in Medical Malpractice

Beginning in childhood and continuing through adulthood, most people are taught that apologies are important. Whether it is apologizing to a sibling for taking their toy, apologizing to a parent for breaking curfew, or apologizing to a spouse for upsetting them, apologies are an important part of our lives. Why then, are apologies so often […]

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The High Cost of Litigation

As advocates, one of the things attorneys are constantly called upon to do, is to educate clients on the “costs” of litigation. In that vein, litigators often speak of costs from the standpoint of the dollars and cents which will fly, more quickly than most people realize, out of the client’s pockets while ‘justice’ is […]

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Indemnification in Construction Contracts

Civil Code section 2782 Eliminates the Use of Type I Indemnity Provisions in California Construction Contracts Traditionally in California, when interpreting indemnity provisions, most courts categorize these provisions into three categories for guidance.  These categories are typically labeled as Types I through III, and they help determine an indemnitor’s scope of liability.  Almost all construction […]

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Listen to Me! Modern Litigation’s Failure

We live in an increasingly touchy-feely society where we give respect and regard to the therapist, the counselor, and professionals generally whose purpose and process is geared towards the individual’s needs. It’s not surprising that as society has evolved, and our basic needs are met (e.g. food, shelter, safety), we strive to find belonging, build […]

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The Courtroom v. The Boxing Ring

By Mikita Weaver About a year ago, I started boxing at a local gym. I like being active but walking on a treadmill or running on an elliptical seems so pointless—I mean you are literally running nowhere. I also practice yoga regularly but I value hot yoga/Vinyasa Flow more for its relaxation benefit and ability […]

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Judicial Council Creates Discovery Mechanism to Assist in Small-Scale Construction Defect Litigation

Judicial Council Creates Discovery Mechanism to Assist in Small-Scale Construction Defect Litigation If you practice in civil litigation, you are intimately familiar with the discovery process and the commonly used Judicial Council Form Interrogatories.  In essence, the Judicial Council of California – Administrative Office of the Courts promulgates forms to assist in litigation and discovery. […]

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Consumer Bankruptcies Continue to Rise

By Sarah Jane Robinson. If you think you may need to file bankruptcy, you’ve got lots of company. According the Bankruptcy Data Project at Harvard University, during calendar year 2009, 1,016,105 individual Chapter 7 petitions were filed. In 2010, the figure climbed to 1,101,534. Most Chapter 7 individual petitions were filed by people who primarily […]

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Why the Law?

By Linda Northrup. I first entered a Courtroom as a lawyer almost thirty years ago. Since then, I have always known that I chose the greatest profession in the world, particularly for me. I remain energized and engaged; there is no “burn out” in sight even after many years of late nights, emergency motions, difficult […]

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What a Plaintiff Really Wants

By David Schlueter. In my many years handling complex, construction matters, I’m always amazed when I discover the real issues and what a plaintiff really wants from a defendant. Although a complaint is always asking for money for repairs, damages, etc., sometimes the real tipping point for a settlement lies in another completely different, and […]

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