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It is well understood that a lawyer can have a disqualifying conflict of interest by having conflicting duties to current clients or because of a conflict between the duties owed to a current and a former client. This is the reason that, when a prospective client contacts a lawyer about possibly representation, one of the lawyer's first steps is to conduct a “conflict check” – that is, to see if representing a potential new client would create a conflict of interest for the lawyer or the lawyer's firm because of a relationship with another current or former client.

Thousands of California families will benefit from a recent change in state law that makes the probate process simpler, quicker, and less expensive for heirs and beneficiaries of relatively modest estates. But for most families, a well-designed estate plan, with a carefully crafted trust, is still the better option.

Our legal system depends on clients and lawyers being able to have complete, candid, and effective communications. To allow for this communication, California law protects from disclosure without consent of confidential communications between a lawyer and client (see Cal. Evidence Code Section 950 et seq.) However, in the practical realities of transactions and litigations, parties may inadvertently disclose attorney-client privileged materials, or these may leak out in other ways, and sometimes it is not clear if material is attorney-client privileged.

 Anyone visiting or working in one of the towering skyscrapers that dominate the heart of Los Angeles and other major cities is likely to be captivated by their size, architectural beauty, and engineering mastery.

It’s not uncommon for an elderly person to feel dependent on, and grateful to, the professional caretakers who meet their daily needs and provide companionship. But that close relationship creates the risk that a caretaker may unfairly exploit this dependency, leaving family members and others looking for ways to block this exploitation.

Arbitration is supposed to be a quicker, less formal and less costly alternative to litigation. But what happens when the parties to the dispute – whether for strategic reasons or simple oversight – fail to take the steps necessary to initiate the arbitration process?