Social Media: A Double-Edged Sword for Attorneys
Published in: Daily Journal
It is essential in this technology-obsessed era that attorneys are aware of the impact of the Internet and social media on the legal field. This topic may be obvious to most people; however, there is a conspicuous gap between what attorneys know about the Internet and how they choose to execute that knowledge when handling a case. The amount of information that is available about plaintiffs and attorneys on the Internet is surprising.
What this means for plaintiff attorneys
Plaintiff attorneys should thoroughly research potential clients before taking on a case. Their social media presence may give you a good idea of the validity of their claims. Oftentimes, an attorney might find photographs or postings about injured plaintiffs surfing, rock climbing and engaging in other activities that their claimed injury would prohibit them from.
This research can also be invaluable for exposing potential client management issues. You may want to avoid taking on a client that complains bitterly about the incompetence of her prior lawyers, or who has posted long, over-dramatic monologues about her dysfunctional relationships.
Be aware that any information you can find is also something a defense attorney will likely see.
It is wise to talk to all of your clients about their social media presence and setting up strict privacy settings in your initial interview.
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Claiming Victory
Published in: Risk & Insurance Magazine
 Michael Eisenbaum |
It is often said that in litigation, no one really wins. If you are suing someone or being sued, litigation can be stressful and all consuming. Most litigants, following the conclusion of trial, post-trial motions and appeals process, will candidly admit it was not worth the time, expense risk, and personal or professional toll. |
It depends upon your perspective, of course. For attorneys, there can be a clearly defined win. For insurance companies, however, there is almost never a clear win. When they defend their insureds against third-party lawsuits, they have a financial expenditure, whether the lawyer delivers a favorable outcome or not.
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| Richard Williams |
Often, a win from an insurance company’s perspective only comes when they can put an end to a case quickly, even if it means settling a claim where their insureds has little or no liability. But, even that is not a clear-cut aftermath.
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David Fisher to Present at California Pawnbrokers Association’s Annual Convention
CAPA consists of pawnbrokers and secondhand dealers who strive to maintain the highest level of ethical conduct by following established best practices and adhering to federal, state and local laws and regulations. |
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Gray Matters is provided for informational purposes only, and the contents are not intended and should not be construed as legal advice. |
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1) A posting on an attorney’s personal social media page can be considered an advertisement subject to professional responsibility rules. True or False?
2) The following online post
violates the California Rules of Professional Conduct: “Another great victory in court today! My client is delighted. Who wants to be next?” True or False?3) The following online post violates the California Rules of Professional Conduct: “Case finally over. Unanimous verdict! Celebrating tonight.” True or False?
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Real Estate Corner
Gray·Duffy provides the following summaries of recent real estate laws which may impact our clients. If you have any questions, please contact David Fisher at (818) 907-4000 or
Short Sales and Anti-Deficiency Law
The Court of Appeal held that a lender who approves a short sale and accepts less than the loan balance on a purchase money loan cannot recover the deficiency. Chase Bank approved the plaintiff’s request for a short sale but required the plaintiff to agree to be “responsible for any deficiency balance remaining on the loan after application of the proceeds received by Chase Bank.”Thus, Chase Bank released its lien rights so the short sale could close, but retained the right to collect against the original borrower for the difference between the loan balance and for sales price. After the short sale close, Chase demanded the difference. The plaintiff sued for declaratory relief and Court of Appeal agreed, holding that Section 580b of the Code of Civil Procedure (the anti-deficiency statute) applied not only to foreclosure sales but to short sales as well. Coker v. JP Morgan Chase (2013)
Americans with Disabilities Act
In an effort to curb the predatory practices of some “professional” plaintiffs, commercial buildings completed after January 1, 2008 may have 60 days to fix any disability access violations, in which case statutory damages may be reduced from $4,000 per incident to $1,000. In addition, commercial landlords must disclose in writing to prospective tenants for leases entered into after July 1, 2013 whether or not a CASp
inspection has been performed on the building. |
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Encino, CA 91436
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