Have you been wondering how to brief a case or whether it’s even worth your time to do so? Learn when and how to brief a case so you don’t get embarrassed in class and are prepared for capturing the most important part of the case.

I want to give you some advice on briefing cases.

Should You Brief Cases?

First the magic question should you bother briefing cases? Since you are likely hearing conflicting information your professors at academic support faculty are telling you yes and some upper level students are tell you no.

Early in my teaching career this question came up during a faculty meeting. In the room were very successful academics who attended the most prestigious law schools in the country. About half the people in the room said they briefed all throughout law school and the other half said they didn’t, quitting after the first semester of law school.

Purpose of Briefing a Case

Before answering the question we first have to discuss the purpose of case briefing which is twofold. First, case briefing is designed to prepare you for classroom discussion. For some of you your professors cold call so you don’t want to be embarrassed by not being prepared, but even if you’re not in that situation you still need to be prepared because being prepared will allow for greater engagement during class time. If you’re not engaged you will likely not fully understand the discussion which will lead to lower grades.

The second purpose of case briefing is to get the rule of law. At a bare minimum before class time you need to find the rule of law for each case. Write it down then revise it during class if it’s not correct. This is important because the rule of law is the only information you need after you finish discussing the case.

Brief a Case? Yes and No

So now let’s answer the question of whether you need to brief cases the answer is yes and no. During your first semester you should definitely brief cases including the case name, the court’s name, the relevant facts, the procedural history, the issue, the rule of law, the holding and the court’s rationale. This is essential because what you are doing is learning how to read and understand case law. Now by understand I don’t mean a superficial understanding, but a deep understanding that will help you develop the skills you need to succeed.

Most law students fail to brief because they think that they know the case. They don’t so use case briefing as a method, at least for a semester, to learn how to think like a lawyer. Now after the first semester if you’ve mastered the skill sufficiently then you can cut corners. You can start writing notes in the margins of your case book.

Since I’m recommending case briefing let’s talk about the amount of time to spend on this task. Don’t spend a whole lot of time on case briefing. Your brief should be no more than a page in length and ideally about half a page. Second don’t spend too much time on this except for articulating the rule statement, which is vitally important for the final exam.

As to the rest of the case you need a working knowledge of the case for classroom discussion, but not complete mastery as you’ll never look at that case again after class is over. Some of your colleagues will spend hours on a single case attempting to master every part of it. That’s a waste of time and effort since your tools in case briefing are class engagement and rule identification so your time is better spent on other tasks like outlining and final exam prep.

As I tell my students if you are called on and you miss some facts or you don’t have the rule exactly right the usual consequent is a little bit of embarrassment, but ultimately most if not all of your course grade is coming from a single final exam so you must use your time in a way that will maximize your grade not help you feel better after being called on by the professor.

I hope you enjoyed today’s discussion. If you like this advice please leave a comment and tell us about it.

What do you do when you have encountered a personal injury? The power of the Internet has overtaken our lives to a large extent. Anything we have a question about, the first place we visit, is the Internet, to give us the advice that we don’t have to pay a specialist for.

Worst Advice #1

Just DIY. A large number of people get sucked into the false impression that their personal injury claims can be prepared by themselves. They later find that they need some extra help. Asking friends and relatives for a good personal injury lawyer might be a better bet than trying to make personal injury claims by yourself or even looking at the array of personal injury books. It does not matter whether you have been in an automobile accident or that you have fallen down in a supermarket. The right advice for you will not come out of personal injury books or the Internet. At the same time, it is also a good to know what you need to be prepared for, when you are given advice by a personal injury lawyer. In the end, compromising your case is not the answer to your situation.

Worst Advice #2

Keeping Record/A Detailed diary/ notebook that lists out all the happenings of the incident is a great place to start. However, this is not one, which you might want to get caught up with too much. A personal injury lawyer always asks the client to do this first to be able to document everything that has happened. While this sounds like good advice take note that when you file for an insurance claim, they would take one good look at your record and know that you were not in actual distress. If you were in real distress, you would not be able to document everything and every small detail into the diary. So, if you start writing, stop at some point.

Worst Advice #3

Witnesses and Recordings. Having a witness present when your medical examination is happening is not a good idea. This can work against you, as they are required to stay outside while the examination is being conducted. Keep your witnesses close but not with you at all times. This advice is one of the most popular ones gives by friends and family and is also one that you should not follow at all. Please remember that you cannot record any conversation without the consent of the other party as the law prohibits it. Therefore, stay away from recording devices when dealing with insurance companies and the medical examination panels.

Worst Advice #4

Wait Till Later. This is by far the worst advice there is. If you have been advised to wait till you have recovered to start your claim or to wait for as long as possible before returning to work, you are wrong. You do not have to wait when it comes to legal claims for personal injury. Personal injury claims can go on for a long time and that means even years. Getting started on filing your claim is very important to get compensation. Waiting puts you at risk of passing the time stipulated for compensation. So it is essential to act fast.

Have a personal injury case? Give Legal Eagles a call to discuss your options and let us help you!

The legal profession is cumbersome and time-consuming to practice, but all the same, I love being a lawyer. Not many professions will demand the time and dedication this profession does both during studies and during the actual practice. The most thrilling part of being a lawyer is being able to help people in their most needy times.

Have the Flexibility to Do Different Jobs

At the risk of sounding money-minded, no other profession really converts time to money like practicing law does. I am not confined to one case or problem at a time so I can reach out to multiple clients without hurting my practice financially. I feel obligated to clarify that I would never sacrifice a case for another based on the monetary aspect of the cases because as earlier stated, the first reason I love being a lawyer is the ability to help people.

There are no words to describe the thrill of dealing with and solving several crises and cases; it compensates for the exhaustion and then some. One could consider the good pay as a soothing balm for the sore burden of putting in more than 50 hours a week and the long and expensive years of study.

Helping People Everyday

The root of every lawyer’s quest is to help the people, in fact, the first reason why anyone would enjoy being a lawyer, is the thrill of winning. It is this thrill that gets a lawyer up early in the morning to strategize and plan a defense or case. A difficult case could be a deterring factor even for one with the greatest will to help. The thought of the joy on the faces of those you represent when the endeavor ends in a win is often enough motivation, although I have to admit, there is personal gratification in the thrill of a win.

Being the Expert on Law Solutions

Being a lawyer sometimes feels like being in possession of infinite wisdom, at least where the law is concerned. Very few people bother to analyze the constitution and other law references and if they do, the technical aspects, procedures, and references to the law are numerous and difficult to expound. This is the reason the study of law never ends and it is also the reason people hire lawyers. This pedestal of knowledge that being a lawyer puts one on is the reason many lawyers, myself included, love being lawyers; it is wonderful to calm a person who thinks that they are hopeless victims of the law and derive a solution from the same law that haunts them.

There are numerous reasons to love being a lawyer ranging from the money and respect to freedom and nobility, but all of them lead to the same conclusion; being a lawyer is a ‘Samaritan‘ practice whose greatest reward is the ability to help others where no one else can or will. In situations where one feels like they are trapped in a dark endless judicial tunnel, I can lead them through using the law as a guiding light. This is why I love being a lawyer.

Here at Legal Eagles we pride ourselves in giving our clients piece-of-mind. Call to schedule a meeting today!

Being a Lawyer is An Honorable Profession

I firmly believe that the legal profession is an honorable profession. It’s not just a job you know it’s a career it’s an honorable profession. There are still people out there every day that need help and every day lawyers are helping them and their supporting staff they’re paralegals are legal assistants are helping people every single day. We hear a lot in the media that America is just too litigious, we sued at the drop of a hat. We sue everybody over everything. Frivolous lawsuits. People rushing to the courtrooms etc. Let me ask you though, what’s the alternative to that? If the big guy is taking advantage of the little guy and I don’t have a court room what’s the alternative? Even if it’s a big guy against another big guy, corporation against corporation and they can’t resolve their differences, what’s the alternative to it?

We see it in the media everyday; Egypt, Syria, the protests, the violence. Every 4 to 8 years we completely change our government. We in bring in a whole new set and we do it peacefully. For over 200 years we’ve been doing it like that. Other nations do it through violence and some of them don’t get to change at all.

There’s Not a Safer Mean to Solve Our Problems

When we had a problem how do we resolve our problem? We don’t march in the streets we don’t kill people we don’t have a coup of the military to take over Washington. Lawyers handled it. The Supreme Court of the United States handled it. And too litigious? Fine, I think that’s great because that’s kept us a peaceful and prosperous nation for a long time to come. So paralegals looking to go into this field you know you go into a very honorable field even though attorneys have all kinds of bad reputations part of it’s our fault I mean there are bad attorneys out there and greedy people out there just like in any field. But for paralegals coming into the field no matter which way you go into every day you’re helping people and very important help.

What about the family that simply wants to adopt? Paralegals help get that done. What about the guy who’s going to jail or whatever losing property, money, his life, his time? Paralegals help in criminal law. You name the area of law what about the family who’s having a discussion about what to do about grandma? You know she’s not thinking or not taking care of herself. Eldercare law, social security, disability, workers’ compensation, you know getting hurt on the job and as America is so mobile try to find an area where we don’t have motor vehicle accidents and we need tort attorneys, personal injury attorneys, so if you are coming into this field if you have a passion for helping people for knowing that you’ve done everything you can for somebody this is a an area to be in and I think you’re going to find it fascinating.

There’s Always Something Different Happening Each Day

I love it because every day it’s something new. I don’t care that the law is black and white you take it and apply the facts, which can get different results every time and I learn something every time because I’m always dealing with a different fact pattern. I do personally workers compensation law representing injured employees. It’s just fascinating, you’re always pretty much doing something different. You’re always dealing with different people and again I think you’re always helping people and so I think you know being a paralegal is a great profession.

Paralegals Make the Legal Profession Go Round

When I’m a lawyer and I’m looking for a paralegal and I’ve got several candidates from different programs I don’t have the time or the desire to look at each program to figure out who really was taught something and has just a “fly by night” certificate. I don’t have time for that so when I look at a candidate and they’ve graduated from an ABA approved program well I’m happy with that because you know I understand the American Bar Association. I understand what their standards are. I’m a member of the American Bar Association. So just shooting blind I would take the person with the ABA because we’re not teaching what we want here we’re teaching the way organizations since the 1800s have told us to teach.

It’s always best to learn from licensed practicing attorneys. You’re going to get real world experience. I’m going to tell you things that I’ve seen happen. We talk about depositions, we talk about going to court, real world examples of it not just the textbook reading and memorizing. You’re going to get real world networking with attorneys. I know lawyers like to make contacts and you will make contacts. I really do think that you’re going to enjoy it and I think you’ll find it’s a wonderful career and a rewarding career. Please contact us today!

Hello everybody my name is Carl and I’m going to talk to you today about the qualities of a good lawyer. What do you think when you think about the law? The law to me is that everyone has this set of responsibilities towards one another. You know you can’t just go around doing things that you’re not supposed to do. You have to have ethics. To be able to understand what is the difference between right and wrong. So there’s a lot of legal things that people are charged with when they go into the courtroom. Not everybody understands what exactly they did wrong.

Lawyers Have a Responsibility to Their Community

This happens especially in other countries where they speak different languages. There’s lots of barriers and so there’s a lot of legal implications. So when lawyers take on these clients out there that committing felonies or just minor misdemeanors they need the assistance of a lawyer to help fight these cases in court. It’s really important to be a good role model when you are a lawyer and you have a set of responsibilities to your community and so on and so forth. You need to put biases aside.

Three Qualities that Make a Good Lawyer

So I have three things that I think are good qualities of lawyers. The first one is their willingness to learn new things. I feel like lawyers should be willing to learn new things to get ahead. Being a role model and stuff like that. They also need to keep an open mind to new concepts and ideologies and to enhance productivity and just overall setting the tone and being a mature person which leads me to the next quality: the maturity to learn from failure. The maturity to learn from failure so think first and foremost everyone should be thinking not that all my gosh it failed! Yes use that as a benchmark, but also to prepare yourself moving forward. Momentum to continue to achieve because that’s what we all need. We all need to fail in order to succeed. You just need to know how to fail. It’s kind of funny how it works like that but, third one is have compassion and understanding for others. We’re all human. Let’s do our business. We understand there’s laws in places, but we also need to have compassion for other people and that no matter where you are and and how hard it may seem to be able to see what it’s like to be in another person’s shoes. I feel like we should always have compassion and understanding a least once per day. That’s so we’re all getting along and things are working out and everyone’s getting what they want. We’re all experiencing life and we all want to live life to the fullest.

Lawyers Should Act Professionally and Help Others Who Don’t Know the Law

Those are the three qualities, but then there’s a couple other things I want to briefly talk about. I wanted to say that just some other notes for lawyers. I feel that lawyers should be on time and should dress professionally. They should be focused and they should be humble. They should think internationally and not just inside their culture. The last one is the importance of law so not everybody understands law or why they’re showing up in the courtroom. I’ve seen a lot of people waiting to go to court or just got done with court, whatever the case may be. They didn’t like being inside of court. There’s nothing like it. They felt like no one was there for them and they felt hopeless. I’m happy to be writing about this now but when you’re doing your case and you’re a lawyer and you do good in your case in front of people I would argue that it’s important to reiterate to people to remind them that it is important to have law in a society to prevent complete.

Thank you guys so much for letting me write this. I just wanted to let you know that you are capable of doing amazing things so just keep working away. For generations to come thank you so much for reading and have a great day, give us a call today!

Moving To a Different Location

As some of you are aware, Legal Eagles Inc recently relocated to a different area in the Greater Los Angeles Area — we now call Glendora, California our home, and we’re glad to be a part of the community!  When making the move, my colleagues and I thought that it would be a wonderful idea to give you an inside glimpse of the move, and even provide you with some legal issues to consider when moving to a new location.

The SBA has a great resource for moving to a new state, though, our move was a local move (in the Los Angeles area), and we want to share some insights from our perspective.

Our Story

When we were first considering our move, sure we were considering other factors, such as site location, ease of travel to-and-from work, and of course, tax savings.  Our team lives in or Glendora so the move made sense from a strategic standpoint.  We decided to pack-up and move out!

Now from a legal perspective, there are several things to consider when you’re determining your next move.

Moving to a Different Location Questions and Answers

Are you currently conducting business in your current city location, and will this affect your future dealings?

Actually, FindLaw has an excellent resource on Motion for Change of Venue, and to give you the gist, these cases typically deal with real estate.  If you’re renting an office, you can move on.  If you’re not sure whether this might affect you, contact our offices today!

Should I start service in your new location and stop service at your current location?

This is more of a logistical concern, and you can go about it in different ways.  For us, we decided to start service with the utilities companies in our new location before we stopped service in our previous location.  This is an important consideration, though, to consider!  If you are having issues, from a legal standpoint to shut off service at your previous location, get in touch with us today!

Should I consider my business listings on other websites when making the move?

If you are moving to a different location, and have foot traffic at your location, you surely want to update your business address information on the websites where your company is listed (e.g Yelp, AngiesList, etc).  In addition, you’ll want to make sure you notify the IRS and other governing bodies of your move– The Balance has a great article about this.

There can be legal hurdles you might come across if you don’t update your listings!  If you’re dealing with this now, contact us today!

Should I have a contract set-up with the moving company that does our move?

In short, always.  You will want to make sure your company in insured and has a great track record, along with positive reviews from past customers.  We used the Glendora moving company to help us transition, and they come highly recommended.  Whether you choose a different moving company, or someone you found on Craigslist, always make sure there is a contract in place to protect you from losses!  If you have a current situation in which we might be able to help you, please contact our office today!

In Summary

As you can see, there are several aspects of an office move you need to consider.  From our standpoint, we glad we made the move.  We’re happy to be a part of this new area, excited to meet new people, and always here to help!

 

 

Today I’m going to talk about the topic that is probably the first and most important topic for you and that’s how to choose a good lawyer and what do you need to collect or know in advance of going to see this lawyer. So there are many things you need to look at. First of all, how do you pick the lawyer because not all lawyers are equal. A lawyer that has one year of experience is not equal to a lawyer with 25 years of experience, like myself. There are lawyers who do certain areas and don’t do other areas so you want to chat with them and find out what they specialize in. You want to make sure that you consult in person with this lawyer. It’s better than consulting over the phone. If you live in another state you may only be able to consult over the phone. You want to ask about their success rate you want to check them out on Google and check their rating.

What do you want to hear from them? If they are telling you yes yes yes we can do this but they’re not giving you any information. Maybe they are not the best lawyer to choose. You want an honest opinion. You want a lawyer that will treat you like they would treat their own family.

What to Bring to the Meeting?

So what do you need to bring before you speak to the lawyer because if you don’t bring documents, lawyers look at documents. You may not remember or understand from your prior experiences what happened in your case. You need to know and the lawyer needs to know what happened. First of all always bring your passport, bring your visa, if you have a 994 bring that, bring your birth certificate, bring your divorce decree, bring any marriage certificates, death certificates ,if you have a criminal record be sure to bring that and try to bring a certified criminal record because these documents are very important. They will determine whether the lawyer will proceed in one way or another way or they may just tell you this is probably not a case that you should pursue.

So what do you need to bring other than these basic and biographical documents to your lawyer? You want to bring updated documents. So I always like to find out from the client what was the last document you had? What was the last decision you got, is there a deadline? Do you have any court decisions? Do you have any documents from the US like new birth certificates or children here? You will need to bring expungements if you have those and also the certified criminal records. The lawyer should look at those. If they aren’t looking at those then they probably don’t understand criminal records and aren’t the right lawyer for you. You want to find a lawyer that has done the kind of case you have and has that kind of case many times and does it on a regular basis.

Do They Know Your Case?

You want to see if they have procedural information they can tell you about and talk about your case specifically. How will they approach your problem? These are questions you want to ask. What is the procedure and the steps you’re going to take? Are there options because sometimes there’s many different ways to take. Look at timelines, how long is this going to take? What are the problems and pitfalls? Clients never want to hear about the problems and pitfalls but I always tell my clients because I want them to know the difficulties they will encounter. I also like to tell them the things they would like to avoid.

If nobody asks you this information, perhaps they just don’t have the experience to ask you. Or perhaps they just don’t know.

Sometimes it’s hard to determine timelines because there are lots of things that can affect the timeline, even down to the judge on the case.

So you’re looking at all of these factors and if they lawyer says this case can’t be done, you need to ask them why and then get a second opinion. It could be that this lawyer has done these cases in the past and they just don’t work or again because they don’t have enough experience to be successful.

These are some of the factors you want to consider when hiring a lawyer and when coming to see a lawyer about the feasibility of your case so they can give you their best advice.

For more information about your case, contact us today!

I’ve been a lawyer for about 25 years now, I practice in Los Angeles and I’m here to offer legal advice to anything any kind of question you might have.  I work with my from my law firm, Legal Eagles  and I will answer anything any question you when you contact today.
I hear all the time that people have lawyers and their lawyers say, “Okay, well you know, I have a court date on such-date, I’m busy, and I can’t get back to you,” and they end up not getting back to them.  Instead of that,  I’m making myself available to you right now so you can ask any question concerning your case.
Today I want to talk about two terms that are used in a personal injury because we do a lot of personal injury work, and I have a client that this really pertains to.  The two terms are pre-existing and predisposed.

Pre-existing

When somebody is hurt in an accident and they have no injury whatsoever before the accident, then it’s pretty easy to tell if they have an injury after the accident.  What that cause of the accident was (eg in the car) seems like a common sense, but it gets a little trickier when a client has an injury to the same parts of their body that are claiming work injured is this particular accident.
Because they have an injury before the accident, the defendant of the insurance companies say that this injury was pre-existing in previous to the accident and just because they were in this accident, they’re trying to use that fact to their advantage and say that the injury came from the accident.

Predisposed

There is another term that is used and that’s called predisposed.  Predispose means that: if there was an injury before the accident and now you get into an accident, the fact that there was an injury before the accident actually weakens that area that was hurt, and therefore it takes less of a force to actually injure that person.
So let me give you an example.  Let’s say you have two trucks and both trucks get hit from behind, and they both get hit with the same force. Now you open the trunk, and one trunk has a bunch of eggs. The other truck has a bunch of steel and nothing happened to the steel because the steel is rich enough to withstand that kind of force, but if you open the back of the trunk with the eggs in it, the eggs are going to be broken because an egg does not take a lot of force to break.  That’s the kind of concept that I’m explaining here.
I represent people who basically don’t have a voice, and I also represent people and non discrimination cases, medical malpractice cases, and anywhere where I have to stick up for the little guy.
For some, I take their cases on a contingency fee which means that if they don’t win, they don’t pay me anything.  If they win in court, only then do I get a fee. This setup also makes it very affordable for them to have access to an attorney so they don’t have to reach into their pocket and pay me anything up front.

I find that a lot of clients who switched to meet with me from all their attorneys often tell me that their their lawyers are not available to them.  For example, I hear (that their attorneys) don’t return calls, they don’t call to provide updates on their case, and they think their lawyers are mishandling their case, but I’m here to give free legal advice and I am trying to make myself accessible to anybody who needs legal advice.  Let’s talk more about contingency retainer versus contingency fee.

I have two gigantic screens in front of me and one has all the information about all my clients which I cannot reveal to you, but if a client calls me, I can just look up the case– I have it at my fingertips, which I think is great.   I’m also checking email that I get, instant messages (all the time) about people asking me things of all the crazy things about legal issues so I try to be as informative as I possibly can because quite honestly, I don’t think that people should be deprived of legal representation.  I don’t think that people should be put at a disadvantage.

Contingency Retainer

I went to law school — and paid a hell of a lot of money for it– and I want to use it so if you lose a case, do I get paid if you lose the case?  Do I get paid depends upon what the retainer.  If it’s a personal injury case I was assigned, all personal injury cases and discrimination cases (and medical malpractice cases) are on something known as a contingency retainer.  That term simply means: if you don’t win, then you don’t pay so if you do win, then I get a percentage of what I recover for for you–  so the more money for you, the more money there is going to be for me, and that puts us on the same team.

Contingency Fee

What a contingency fee does is it makes it more accessible for you: you probably can’t pay for legal representation to actually have access to a lawyer like me so I can stick up for your rights with this arrangement.

Here’s one of my friends talking more about contingency fees.

If people have questions I hope they contact us and ask me questions because I’m here and I want to hear from the public.  I will tell you some things that are legal or not legal.  What I’m offering it right now is a free consultation so I will answer questions for free so if you have a legal question, just ask me and I’ll answer you to the best of my ability.

If somebody’s trying to pull you down, you can always say,  “I have a big bad lawyer”. Lucky for you, there’s all kinds of ways to use the law.  The law is actually supposed to work in your favor– not against you.