Category Archives: helpful hints for the solo practioner

b e r k e s l a w We Work For Them

We Work For Them

Here’s a Helpful Hint for the Solo Practitioner, which came as a reminder from a friend:  As a solo, and trying to bring value to a client, do not ever forget that we work for the client, and not the other way around. Forgetting who’s paying whom is a sure fire way to stop getting paid. Integrity pays.

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Services – Berkeslaw

Services

Product / Service #1

Whatever your company is most known for should go right here, whether that’s bratwurst or baseball caps or vampire bat removal.

Product / Service #2

What’s another popular item you have for sale or trade? Talk about it here in glowing, memorable terms so site visitors have to have it.

Product / Service #3

Don’t think of this product or service as your third favorite, think of it as the bronze medalist in an Olympic medals sweep of great products/services.

Talk more about your products here.

Tell prospective customers more about your company and the services you offer here.  Replace this image with one more fitting to your business.

Talk more about your products here.

Tell prospective customers more about your company and the services you offer here.  Replace this image with one more fitting to your business.

Next Steps…

This is should be a prospective customer’s number one call to action, e.g., requesting a quote or perusing your product catalog.

Portfolio – Berkeslaw

Portfolio

Product / Service Categories

Project Name

Talk about this portfolio piece–who you did it for and why, plus what the results were (potential customers love to hear about real-world results). Discuss any unique facets of the project–was it accomplished under an impossible deadline?–and show how your business went above and beyond to make the impossible happen.

Product / Service Categories

Project Name

Talk about this portfolio piece–who you did it for and why, plus what the results were (potential customers love to hear about real-world results). Discuss any unique facets of the project–was it accomplished under an impossible deadline?–and show how your business went above and beyond to make the impossible happen.

b e r k e s l a w Hold Fast

Hold Fast

Potential new hourly clients, especially these days, will do everything possible to talk you out of lowering, or eliminating altogether, your requested retainer.  Hold fast.  If the matter only justifies a small retainer, then proceed accordingly.  But if you are about to take on a complex case, with the possibility of becoming a battle royal, you must insist on the retainer, or you will pay the price.  Too often have I accepted a reduced retainer, only to find that it was the only payment I was ever going to receive.  There are simply too many people out there who will treat you as just another creditor, while you slave along faithfully discharging your duties free of charge.  Lower your fee, if need be, but no matter how hungry you are, you will only be hungrier still when a small retainer runs out, and you are saddled with a case that pays nothing, and keeps you up at night.  Better that you spend the time on client development, then suffer the frustration and desperation that comes with unpaid effort.

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Frequently Asked Questions (FAQ) – Berkeslaw

Frequently Asked Questions (FAQ)

This is where you should answer the most common questions prospective customers might have. It’s a good idea to cover things like your return policy, product warranty info, shipping and returns, etc. Check out the examples below.


What’s your return policy?

Return any of our products–no questions asked–within 30 days of purchase. We even pay return shipping.


Do you ship oversees and to P.O. boxes?

Yes, we’ll ship your package anywhere that can accept deliveries.


Do you have customer service?

Of course! Our friendly and knowledgeable customer services reps are available to answer your questions 24/7/365.

Disclaimer – Berkeslaw

Disclaimer

Disclaimer

Thank you for visiting my blog (the “Blog”); however you got here, I am honored that you took the time to stop by and review the materials presented, and the services offered. Please be advised that what you read and see here has been prepared, or is being presented, for general informational purposes only to those who visit the Blog in order to learn more about my law firm, Berkeslaw (the “Firm”), and the services we offer. Nothing contained, printed, stated and/or archived herein, including any and all of the articles, tweets and comments posted, is not, nor can it be construed as constituting, “legal advice” of any kind or nature, and is not to be acted on as such. The materials on my blog may not be current, and its contents are subject to change without notice. The opinions expressed herein are my own, and are just that: Opinions.

Terms of Use


By your use and visitation of this site, you hereby acknowledge and agree that the Blog, and the information contained and/or transmitted herein, and/or your receipt of same, does not create, nor is it intended to create, an “attorney-client relationship.” Under no circumstances should you rely upon your transmission of an e-mail using my Blog to create an attorney-client relationship, or have any such expectation. Visitors to the Blog should not act upon any information contained herein in this without first consulting legal counsel of their own directly. If you have questions about the law, or a particular legal issue or problem, please feel free to make an appointment to speak with me, but it is essential for your own protection that you understand that nothing you read or review in this Blog is being provided in the course, conduct or context of an attorney-client relationship. Different countries, States, counties, cities, districts, and the like, all may have different laws, rules and regulations, and those may and do change from time to time, so notice is hereby given that nothing contained on this Blog is intended to constitute legal advice, or should it be used or understood as a substitute for obtaining legal advice from an attorney licensed in the appropriate jurisdiction.

Links To Other Sites


This Blog may from time to time include links to other Internet sites whose content, views, opinions and other materials are beyond my control. My firm is not responsible for the content of any such sites, and a link to such sites does not necessarily mean or imply my endorsement of the information, material, products or services contained on or accessible therein. You hereby acknowledge and agree that should you decide to link to other Internet sites, your use of such sites, and your use of any information, material, products and services offered by such sites, necessarily occur at your own risk.

Content

Please be advised that all of the content found on this Blog is provided “as is.” No representations of any kind are made that the content will be timely, factually accurate, error-free, and/or free of viruses or other harmful electronic elements. Moreover, you should not expect, nor is any representation herein made, that any alleged errors or defects will be corrected. The video and its content, the blog posts, tweets and other materials that appear on this Blog, and the opinions stated therein, are all my own (unless otherwise specified), and they may, from time to time, be considered controversial, inappropriate or offensive to some of those who visit. As individual tastes and opinions vary and change, please be advised that all content on this Blog is intended only for the purposes of information and/or to stimulate discussion or interest, and under no circumstances is my intent to alarm, dismay or offend anyone. The Firm makes no representations, express or implied, with respect to the timeliness, accuracy or completeness of any of the contents of this Blog, and expressly disclaims any liability or warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Your sole remedy for any dissatisfaction with any of the content of this Blog is to refrain from using it.

Privacy


The Firm has a deep and abiding respect for your privacy. If you contact us voluntarily regarding our services, we may collect the following categories of personal information: name, company name, title, email address, telephone and facsimile numbers, and mailing address.
 We do not sell, trade or rent personal information submitted by visitors to companies, mailing lists or organizations outside of this Firm.  However, please be advised that in no event are any “comments” that you submit, or information that you provide in response to the Blog, considered confidential attorney-client communications, protected by the attorney-client privilege. They are not thus privileged, and you should be aware of this fact when submitting anything to or on the Blog.

Contact Us – Berkeslaw

Contact Us

Contact Us

For any questions and/or concerns you may have, or to set up an appointment
to meet either by telephone or in person, please contact the Firm as follows:

David Berke (State Bar #123007)
B E R K E S L A W
7162 Beverly Blvd
Los Angeles, CA 90036

Telephone: (323) 879-9115
Cell Phone: (310) 251-0700

email: [email protected]
Twitter: @berkeslaw

Please note that the Firm does not employ a fax machine, believing it to be obsolete technology. Rather than pass along ink costs to you, the consumer, we ask that you “go green” and email documents instead.

If you really are serious about reaching me, then please make certain that you always favor email over voice-mail when leaving messages. I may just be out for a moment, walking Butters, but I will have my Blackberry with me. If I am out for coffee with a client, then I will have an iPad.  In other words, emails are checked obsessively, while voice-mail messages invariable disappear into a cosmic black hole. Even the voice-mail on my cell phone is deactivated, for goodness’ sakes. Finally, for all of you zealous attorneys out there — you know who you are — notice is hereby given that this blog may not be used for the purposes of providing ex parte notice, as the blog is not intended for the purposes of day-to-day litigation, and it is thus not necessarily reviewed regularly.

Please Let Us Know How We Can Help

Cheat-Sheet for the Over-Worked Solo – Berkeslaw

Cheat-Sheet for the Over-Worked Solo



Cheat-Sheet for the Over-Worked Solo

Civil Law Time Limits

A Cheat Sheet for California Lawyers, by California Lawyers

Hello Counsellor: Here is a handy guide for quickly reminding yourself about those pesky deadlines that are forever haunting the solo practitioner.  BUT, please be advised that this is NOT a substitute for homework, AND YOU MAY NOT RELY on these dates as the “last word” on civil procedure deadlines. Dates change, or may vary from local rule to local rule, so please make sure to make sure.

 

SERVICE OF PROCESS

  • Serve Defendant after Complaint filed – 60 days after filing. [Source:  CRC 3.110]
  • Serve Defendant Added via Amended Complaint – 30 days after adding.  [Source:  CRC 3.110(b)]
  • Proof of Service of Summons and Complaint (proving to Court that you served Defendant) – 60 days after serving complaint.  [Source:  CCP § 538.210]
  • • Defendant Time Limit to File Answer or Demurrer – 30 days from date complaint was served.  [Source:  CCP § 412.20]

 

DISCOVERY

  • Plaintiff may serve discovery questions – 10 days after service of complaint.   [CCP §2030.020]
  • Subpoena for Personal (medical) records – Must be served on consumer at least 15 days (in actuality 20) days before date of production.  [CCP § 1985.3(d) incorporating CCP 2020.220(a)].  The subpoena may not be served on records custodian until at least five days after service on consumer.  [CCP § 1985.6(b)(2) & (3).] Must be served on records custodian 15 days before date of production.
  • Motion to Quash Subpoena Duces Tecum – must be served on defense counsel at least five days before date for production of documents.  [CCP § 1985.3(g).  1985.6(f)(2)]  Note:  Court may still grant a motion to quash after this time.  [Slage v. Sup.Ct. (1989) 211 Cal.App.3d 1309, 1313]
  • Motion to Compel Additional Answers – 45 days.  [CCP §2030.300]
  • Respond to Written Discovery – 30 days (+5 days if questions were mailed).
  • Discovery Closes Before Arbitration – 15 days before arbitration.

[CRC 3.822]

  • Discovery Closes Before Trial:  30 days before trial – or 15 days before arbitration.  [CCP § 2024.020]
  • Last Day to Hear Discovery Motions – 15 days before trial.

[CCP § 2024.020]

  • Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90 – 100 days before trial.
  • Deposition Notice – Defendant may serve any time.  Plaintiff must wait 20 days after service of summons and complaint to serve.  [CCP § 2025.210]
  • Depositions – Must be set at least 10 days in the future (+5 days if the notice is mailed – CCP § 1013), at least 20 (+5 days if notice is mailed – CCP § 1013) if deposition notice includes a request for documents.  [CCP § 2025.270]

 

EXPERT DISCOVERY

 

  • Experts Must Be Demanded  – 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date) [CCP § 2034.220]
  • Experts Must Be Disclosed – 50 days before trial (or 20 days after service of demand, whichever is closer to trial date).  [CCP § 2034.230]
  • Supplemental Expert Disclosure – Must be disclosed within 20 days of the Exchange of Expert Witnesses.  May only disclose witness to cover a subject covered by opponent’s witnesses.  [CCP § 2034.280]
  • Expert Depositions – May be set “on receipt of an expert witness list from a party.”  [CCP § 2034.
  • 410]
  • Expert Discovery Cut Off – 15 days before original trial date.  [CCP § 2024.030]
  • Last Day for Motions Regarding Experts – 10 days before original trial date.

[CCP § 2024.030]

 

TRIAL

  • Discovery Closes (with the exclusion of expert lists, and expert depositions) – 30 days before trial, or after non-binding arbitration.  [CCP § 2034.210;

CCP § 1141.24]

  • Experts Must Be Demanded – 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date).  [CCP § 2034.220]
  • Experts Must Be Disclosed – 50 days before trial (or 20 days after service of demand, whichever is closer to trial date).  [CCP § 2034.230]
  • 998 Offers to Compromise – Can be made up until 10 days prior to trial. [CCP § 998]
  • Notice to Appear at Trial (to party) [With Documents] – 20 days before trial, send notice with time and place to attorney.  [CCP § 19871987(c)]
  • Notice to Appear at Trial With Documents – 5 days “or any other time period as the court may allow.”  [CCP § 1987(c)]

 

 

MOTIONS

  • Noticed motion – must be served and filed 16 court days before the hearing date (+5 more if served by mail) (+2 more if served by fax, express mail, or overnight delivery).  [CCP § 1005]
  • Opposition to Noticed Motion – must be filed and served 9 court days before hearing.  [CCP § 1005]
  • Reply to Noticed Motion – 5 court days before hearing.  [CCP § 1005]
  • Ex Parte Motion – Opposing party must be notified by 10:00 a.m. the day before the hearing, absent “exceptional circumstances.”  [CRC 3.1203].  Note:  This is a minimum.  Check local rules for more strict notice periods.

Manner of Service:  “Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.”  CCP § 1005(c)]

CCP § 1013:  “… The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States.”

  • Motions for Summary Judgment – Notice is 75 days before hearing (+10 if outside of California, +20 if outside the United States)  [CCP § 427c(a)]  Opposition is 14 days before hearing [CCP § 437c(b)(2)]  Reply is 5 days before hearing.  [CCP § 437c(b)(3)]

STATUTES OF LIMITATION

Breach of Contract (Written)  – 4 years [CCP § 337]

Breach of Contract (Oral)  –2 years [CCP § 339]

Fraud –3 years [CCP § 338(d)]

The statute does not “accrue,” or start running, until “the discovery, by the                     aggrieved party, of the facts constituting the fraud.” When “discovery” occurs is generally question of fact. When “the plaintiff suspects or should suspect that her injury was caused by wrongdoing,” the statute starts to accrue. Parsons v. Tickner, 31 Cal. App. 4th 1513 (1995).

Personal Injury – 2 years [CCP § 335.11]

  • Medical Malpractice – 3 years from the date of injury, or 1 year after the plaintiff discovers the injury, whichever occurs first.  [CCP § 340.5]  Note:  You must give 90 days notice of intent to sue.  [CCP § 364]  Note:  Statute may be tolled by (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.  [CCP § 340.5]
  • Lawsuits Against Public Entities (like cities or counties) – Must file a claim within 6 months.  Then you have 6 months from the date of the rejection letter to file a lawsuit.

Once again, please be advised that this page is not legal advice, nor is it intended as such, and there is no guarantee that this information is up to date.  If you need legal advice, you should contact a lawyer.

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Blog – Berkeslaw

Recent Posts

About Us – Berkeslaw

About Us

About the Firm

Hello, my name is David Berke, and I have been a Los Angeles lawyer for the past 27 years.  I began my legal education at Osgoode Hall in Toronto (Canada’s finest law school, in my home town), before completing my degree at UCLA in 1985. I first joined a marquee New York law firm, before making my way to a Westside law firm specializing in entertainment litigation. During my 5 years at the firm, I had the good fortune of learning my craft under the tutelage of two great lawyers, one, a brilliant law firm manager, and the other, one of the finest trial attorneys in the country, and someone I count among the best people I know. In 1989, however, I made the decision to open up my own law practice, a scary enough choice, but one made for a very specific reason.  Thus, the only true ambition I really ever had in life was to be the father of a family and, as I watched my colleagues miss innumerable milestones, vacations, and sometimes even the most modest family outings, I knew that big firm practice was incompatible with the type of parenting I wanted to experience and enjoy.

So, with in-house jobs becoming more scarce all the time, my only real option was to open my own practice.  Unlike others similarly situated, however, I opted not to design my practice around high volume fields traditional to solo practitioners such as plaintiff’s personal injury or worker’s compensation. Instead, I choose a rather unconventional approach, whereby I essentially conduct a big firm practice by myself, favoring the maintenance of a few cases (from small to large, depending on the circumstances)  which command – and receive –  a greater degree of my personal attention. As such, I have often taken on very large matters for very prominent clients, but invariably for the purpose of keeping my clients out of the spotlight rather than place them in it. In this fashion, therefore, you might say that I am one of the best known lawyers in Los Angeles that you’ve never heard of, because I would rather focus on my clients’ needs than make a “name” for myself, and/or a spectacle of those I serve.

Please do not imagine, however, that my practice is somehow limited to the representation of well known entertainment figures; far from it.  I have a wide range of legal experience involving contractual and business disputes of all kinds, as well as defamation, copyright, trademark (and other IP), employment matters, plaintiff’s class actions, and still others.  There are also occasions where I am called upon to bring my litigation experience to bear to assist in cases which lie outside my traditional areas of expertise, such as probate, family law, and elder law.

As circumstances require, I will take my cases either to trial or arbitration, historically with great success.  Nonetheless, the economies of the day, combined with my natural inclinations and my ethical compass, move me instinctively towards finding alternative means of resolving disputes, as opposed to churning my cases for legal fees. I want my clients to win, and so they do, but “winning” these days more often than not means arriving at a result that is satisfying, preserves dignity, and permits my clients to proceed with their lives with litigation far in their rear view mirrors as quickly and efficiently as possible.

As stated above, there is a legal maxim which holds, “for every wrong there is a remedy.” I want to be that remedy. Call or email me and let’s see what we can do to help.

About firm – Berkeslaw

About firm

About the Firm

Hello, my name is David Berke, and I have been a Los Angeles lawyer for the past 27 years.  I began my legal education at Osgoode Hall in Toronto (Canada’s finest law school, in my home town), before completing my degree at UCLA in 1985. I first joined a marquee New York law firm, before making my way to a Westside law firm specializing in entertainment litigation. During my 5 years at the firm, I had the good fortune of learning my craft under the tutelage of two great lawyers, one, a brilliant law firm manager, and the other, one of the finest trial attorneys in the country, and someone I count among the best people I know. In 1989, however, I made the decision to open up my own law practice, a scary enough choice, but one made for a very specific reason.  Thus, the only true ambition I really ever had in life was to be the father of a family and, as I watched my colleagues miss innumerable milestones, vacations, and sometimes even the most modest family outings, I knew that big firm practice was incompatible with the type of parenting I wanted to experience and enjoy.

So, with in-house jobs becoming more scarce all the time, my only real option was to open my own practice.  Unlike others similarly situated, however, I opted not to design my practice around high volume fields traditional to solo practitioners such as plaintiff’s personal injury or worker’s compensation. Instead, I choose a rather unconventional approach, whereby I essentially conduct a big firm practice by myself, favoring the maintenance of a few cases (from small to large, depending on the circumstances)  which command – and receive –  a greater degree of my personal attention. As such, I have often taken on very large matters for very prominent clients, but invariably for the purpose of keeping my clients out of the spotlight rather than place them in it. In this fashion, therefore, you might say that I am one of the best known lawyers in Los Angeles that you’ve never heard of, because I would rather focus on my clients’ needs than make a “name” for myself, and/or a spectacle of those I serve.

Please do not imagine, however, that my practice is somehow limited to the representation of well known entertainment figures; far from it.  I have a wide range of legal experience involving contractual and business disputes of all kinds, as well as defamation, copyright, trademark (and other IP), employment matters, plaintiff’s class actions, and still others.  There are also occasions where I am called upon to bring my litigation experience to bear to assist in cases which lie outside my traditional areas of expertise, such as probate, family law, and elder law.

As circumstances require, I will take my cases either to trial or arbitration, historically with great success.  Nonetheless, the economies of the day, combined with my natural inclinations and my ethical compass, move me instinctively towards finding alternative means of resolving disputes, as opposed to churning my cases for legal fees. I want my clients to win, and so they do, but “winning” these days more often than not means arriving at a result that is satisfying, preserves dignity, and permits my clients to proceed with their lives with litigation far in their rear view mirrors as quickly and efficiently as possible.

As stated above, there is a legal maxim which holds, “for every wrong there is a remedy.” I want to be that remedy. Call or email me and let’s see what we can do to help.