The First District Court of Appeal recently joined the fray amongst California appellate courts over trust modification procedures. The question causing the split: What is the procedure for modification of a revocable trust under Probate Code section 15402? Probate Code section 15402 is one seemingly simple sentence: “Unless the trust instrument provides otherwise, if a trust is [...]
What Mediation? What Could Happen If You Mediate? Mediation is a private, confidential process where a neutral third person (a “mediator”) helps the parties try to resolve the dispute. The neutrals are retired judges, so they are familiar with the law and likely outcome should the case proceed. The parties have the opportunity to describe [...]
You have a First Amendment right to protest. However, the government is allowed to place certain narrow restrictions on the exercise of your rights. Make sure you’re prepared by brushing up on your rights before heading out into the streets to protest. 1. You Have The Right To Peacefully Protest In Public Forums The First Amendment guarantees [...]
If you were to ask most lawyers whether it is wise to depose your own witness, you'd likely get a response touting the following, conventional, but flawed, opinion: Never do a direct examination of your own witness at a deposition. Your witness is under your control, so you have the ability to fix any issues [...]