can my choice of law be where my attorney practices

Can lawyers change practice areas? The short answer to this question is “yes.” With a willingness to learn about an entirely new area of law, you can change to the legal practice area of your choice. Of course, there’s more to switching practice areas in legal than reading up on case law.

Full Answer

What are the best practice areas for solo attorneys?

Best Practice Areas for Solo Attorneys: A Guide. 1 1. Your law firm business plan. Even if you haven’t yet decided which practice area you want to focus on, spend some time drafting your law firm ... 2 2. Your law firm budget. 3 3. Marketing.

Why does the court choose which states to apply laws to?

If the trial court determines the laws are different and that each state has a legitimate interest in having its law applied, the court chooses the state whose interests would be more impaired if not applied. See discussion in Washington Mutual Bank, FA v.

Do lawyers work in private practice?

The vast majority of lawyers work in lower-paying venues, including small firms, public interest, and for the government. In fact, 83% of all lawyers who work in private practice are employed in firms of fewer than 50 lawyers, according to the National Association for Law Placement (NALP).

What is the difference between choice of Law and choice of Forum?

The difference between choice of law vs. choice of forum lies within how you apply rules. Choice of law determines the governing body under which the contract falls. Choice of forum identifies which courts will preside over contract adjudication proceedings.

Can governing law and Venue be different?

Choosing a Venue: Convenience First, it is important to note that the governing law and venue are distinct. The courts of one jurisdiction can and regularly do apply the law of another jurisdiction.

What is the difference between choice of law and choice of jurisdiction?

Choice of Law Versus Jurisdiction A choice of law clause specifies which state's laws will apply to interpret the contract. Jurisdiction is the specific court where a lawsuit can be filed. That means that a court in one state or country may have to apply the laws of another state or country to the case at hand.

How do you choose jurisdiction?

However, this does not have to be the case as there are a number of factors for you to consider when deciding upon jurisdiction:nationality and domicile of the parties to the contract and location of their principal assets;place of performance of the contract and likely subject-matter of any dispute;More items...

Is choice of law substantive or procedural?

proceduralChoice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces.

How is choice of law determined?

The choice of law rules establish a method by which the courts can select the appropriate law. Conflict of laws: Sometimes used interchangeably with “choice of law”, a conflict of laws arises when a lawsuit introduces conflicting laws of two or more jurisdictions.

What is the purpose of choice of law?

A "choice of law" or "governing law" provision in a contract allows the parties to agree that a particular state's laws will be used to interpret the agreement, even if they live in (or the agreement is signed in) a different state.

Can parties decide jurisdiction?

The Indian Contract Act and myriad precedents have established, it is not open to the parties through a Contract to confer jurisdiction on any Court which did not otherwise have such jurisdiction at all.

How do you choose governing law and jurisdiction?

How Should you Choose a Governing Law?Transaction Type. When choosing a governing law, first consider the type of transaction involved. ... Party Location. Parties' familiarity with governing law is important. ... Location of Contract Claims.

What does choice of jurisdiction mean?

The choice of jurisdiction clause specifies the country, as agreed upon by the parties, whose courts shall hear disputes arising out of the contract.

What happens if there is no choice of law clause?

When this occurs in the absence of a choice of law provision in the contract under dispute, the court will apply its own choice of law rules, which themselves vary from state to state, to select what jurisdiction's substantive law governs. (As to procedural matters, the court will apply its own laws and rules.)

What is the difference between substantive law and procedural law?

"Procedural law," which refers to the guarantees of certain procedural methods and rules, is to be distinguished from "substantive law," which refers to the rights and duties of everyday conduct, such as those related to contract law and tort law.

What does without reference to its choice of law rules mean?

The phrase “without regard to conflict of law principles” may be glossed over by a contracting party. Although, however cursory this phrase may appear to be, it is an important inclusion in a contract to avoid the imposition of the laws of another jurisdiction despite the intention of the contracting parties.

Where is the choice of law clause found?

Choice of law clauses are found in almost every contract. However, parties can sometimes use them strategically. For example, a business can set the choice of law in Delaware if they are headquartered in that state, even though they may be conducting business elsewhere in the country.

Why is choice of law important in real estate?

However, it’s essential that parties carefully structure their choice of law clauses to prevent conflict of law situations, making contract adjudication more challenging.

What are some examples of choice of law clauses?

Examples of choice of law clauses include: 1 Example 1: Oil & gas companies when working offshore 2 Example 2: Soccer players living in one country while playing for another 3 Example 3: Hiring employees from another country or out-of-state 4 Example 4: Adopting a child from another country 5 Example 5: Attending school in another country

What is the law of Delaware?

The Contract shall be governed by the laws of the State of Delaware, USA, excluding its conflict of laws principles. The parties agree, consent and waive contest to the exclusive jurisdiction and venue of the federal or state courts of New Jersey for all disputes arising out of or relating to this Contract. The United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, shall not apply to the Contract. Failure of either party to exercise any right it has under the Contract on one occasion shall not operate or be construed as a waiver by such party of its right to exercise the same right on another occasion or any other rights it has. Any waiver must be in a writing signed by the waiving party. If any provision of the Contract shall be adjudicated to be invalid or unenforceable, it is the parties’ intent that the remaining provisions of the Contract will remain in full force and effect, and the affected provision or portion thereof will be deemed modified so that it is enforceable to the maximum extent permissible to reflect as closely as possible the intentions of the parties as evidenced from the provisions of the Contract. The section headings used herein are intended for convenience of reference only and shall not be considered in interpreting the Contract. Nothing in the Contract shall be construed as creating any direct or beneficial right in or on behalf of any third party.

How to be happy as an attorney?

As a lawyer, you’re going to spend a lot of time working, and it’s important to look at the nitty-gritty of the day-to-day tasks you’ll actually be spending time on. Make sure you enjoy the daily work, and you’ll be much happier as an attorney.

Does law attract introverts?

Law , on the whole, disproportionately attracts introverted people. If you like to engage with other people on an ongoing basis, it’s important to look for legal jobs where this is the default. In many cases, lawyers are heads-down in their own offices churning out work.

What is the choice of law test?

Choice of Law Test. Although the cases put different labels on the tests they apply in choice of law issues, there are essentially three steps in the analysis: The party who wants to apply foreign law must identify the foreign law and show that it is materially different from California law. If the laws are not different, ...

What does the court do when the laws are not different?

If the laws are not different, the court should apply California law. The court determines what interest each state has in having its own law applied to the case. In arguing states’ interests, parties often cite stated interests in case law, statutes, legislative comments and legislative history.

What did plaintiffs do in the Texas case?

Plaintiff sought indemnity from Defendant in the Texas case, but the Texas court refused to exercise jurisdiction over Defendant, who resided in California . After paying money to settle the Texas case, Plaintiff filed an action against Defendant in California for indemnity.

Does California use foreign law?

California courts will only apply a foreign state’s law if a party files a choice of law motion and persuades the court the law of a foreign state should apply. Hurtado v. Superior Court (1974) 11 Cal.3d 574, 581. Accordingly, it is critical that attorneys identify choice of law issues and file a choice of law motion early in the case.

Does a seller have to prove a defective product?

The seller does not have to prove the product is defective or that the product in any way contributed to the accident. The seller only has to prove: (1) it was sued, (2) it gave the manufacturer notice of the action; and (3) the seller incurred costs or fees defending itself.

Does a plaintiff have to prove all elements of a product liability claim?

It requires a party, like Plaintiff, to prove all the elements of a product liability claim. Plaintiff has the burden of proof, and Plaintiff would not be entitled to recover attorneys’ fees. Clearly there is a conflict between California and Texas law.

Think about your personality

Can you envision yourself in the area of law you want to practice? If you want to litigate, are you the kind of person that can handle intense personalities in a courtroom and can think quickly on your feet? If you are thinking about transactional law, do you like the idea of constantly reading and editing? These are just a few questions you should be asking yourself.

Think about the long-term

While traveling may sound appealing while in law school, do you want to be traveling throughout your entire career? Furthermore, do you want to have a career that has a more predictable workflow (i.e. tax, real estate)? Or do you like the unpredictability that comes with some areas i.e., prosecution?

Why do people choose to become a lawyer?

The most commonly cited single reason for choosing a legal career is predictable to anyone working with law students: intellectual satisfaction. Social service and economic reward - "doing good and doing well" - are virtually tied for second place.

Why does law attract people?

Law attracts people who are oriented to the manipulative rather than the expressive possibilities of language - to rhetoric rather than poetry. To control verbal logic and opinion, and by extension the behavior of others, is their particular skill and pleasure.

What is a career counselor?

Career counselors whose clients include many attorneys need to be well informed about career choice and satisfaction in the legal profession. The world of the law student or practicing attorney is highly idiosyncratic; without background information such as that found in this journal, the non-specialist may lack the framework for understanding ...

What is public interest advocacy?

In public interest advocacy and in smaller, non-profit institutions, one may also see a combination of the desire for influence (in the form of social change) coupled with independent, entrepreneurial motivations, a kind of counter-cultural blend of the other two groups' interests and motivations.

What is the technical language of law?

The psychologist James Hillman (Von Franz & Hillman, 1986) has noted that the technical language of law appropriates feeling related words and gives them technical, semi-objective denotations. Even so, words such as "consideration" and "obligation" retain their emotional connotations, even when used as legal terms.

Can strong feelings permeate law?

Thus, even at the linguistic level, strong feelings can permeate the choice and practice of law. Not the least of these are the cravings for power and impulses toward altruism which have determined some of humankind's oldest career conflicts.

Do lawyers have the same satisfaction as scientists?

Like scientists, who experience their mastery of nature through the ability to understand, predict, and control natural events, lawyers experience similar satisfactions in mastering the rules of man, which they may have had the further satisfaction of having constructed themselves!

What does switching practice areas in law mean?

Switching practice areas in law means you’ll be a student all over again. Get ready to study! Alycia spends 30 minutes a day studying case law, regulations, and other information about family law not related to current cases.

How long does it take to change your legal practice?

It will also take time and it’s important not to rush the process. It may take 1-2 years before you feel you’ve fully switched to your new area of legal practice.

Why is it important to meet others in your practice area?

Meeting others who practice in your new practice area can be invaluable for learning about who you might be interacting with. You can learn the nuances about judges in your area, opposing counsels, and more.

Is it possible to switch practice areas?

So interested, in fact, that you think about changing legal practice areas. Switching practice areas in law is certainly possible. If you find a different practice area that’s more fulfilling, investing in making the switch is certainly worth it .

What is the work of a lawyer?

The Work of a Lawyer Is Intellectually Challenging. Law practice can be intellectually rigorous, but much of a lawyer’s work is actually mundane and repetitive. New lawyers, especially those in large firms, are often charged with the mind-numbing tasks of document review, cite checking, and routine research.

How many hours do lawyers work?

Billable hour quotas at many "BigLaw" firms require that lawyers work a minimum of 80 hours a week, and they're required to be on call even when they're not technically working.

What is the job of a trial lawyer?

The work of a trial lawyer is very research- and writing-intensive. Much of the work involves drafting briefs, memorandums of law, and motions. Litigators spend many long hours engaged in tedious document gathering and review, determining if it each must be turned over to the court and to the other party.

What is the impact of judicial decisions?

Judicial decisions aren't so much about the pursuit of justice as they are about reaching a compromise between all parties. Judicial policy also affects many case decisions. Two out of every three lawyers surveyed reported concern that the court system they serve is becoming too political, according to an ABA survey.

Is litigation an adversarial process?

Litigation is an adversarial process, but legal advocacy is not about “arguing” in the traditional sense of the word. It's not about engaging in a verbal battle with your opponent, but rather persuading your audience—judge, mediator, or jury—through a logical, well-researched, well-reasoned discussion based on the facts and the law.

What is real estate attorney?

Real estate attorneys focus on legal matters related to property. They also cover property sale and purchase transactions, mortgage documents, title issues, and even landlord and tenant disputes. For a solo attorney, this is a smart legal practice area to consider if you’re detail oriented.

What are the key elements of a law firm?

Key elements—like defining your firm’s values, researching a market analysis, and considering financial factors like your start-up budget —might provide insights on the law practice areas best suited to your situation. 2. Your law firm budget.

What is family law?

As a solo attorney, family law uses an aptitude for empathy, conflict-resolution, and counselling by working one-on-one with clients during high-stakes legal issues—those related to family. From divorce to child custody to adoptions, family law means helping people face the most difficult and emotional challenges of their lives. While the weight of this reality can heighten the stress of working with this practice area, it can also be rewarding to make a difference in people’s lives.

What is estate planning law?

Estate planning law—working with wills and trusts—can be a successful practice area for solo attorneys who are detail-oriented and able to deal with complex family and financial situations on behalf of clients. Remember: As an estate planning lawyer, your clients’ legacies are in your hands.

What is immigration law?

Immigration Law. From helping clients through marriage visa applications, working to keep families together, or fighting deportations, immigration law requires a high degree of empathy for clients’ stressful personal and family situations. You’ll also need an ability to manage important details on documents and forms.

What is personal injury attorney?

Being a personal injury attorney puts a unique frame on legal work. Many of your clients will also be dealing with the physical, emotional, and psychological repercussions of an accident or injury. Therefore, helping clients navigate the claims process during a recovery requires a high level of empathy and patience. You’ll also need to have a level of comfort with reviewing medical information. If you have these attributes as a solo attorney, you can help clients navigate difficult legal issues. This can be a challenge for clients who are dealing with pain and trauma.

What is intellectual property law?

From preparing patents to prosecuting, intellectual property law puts the onus on you to protect your clients’ rights and obligations when it comes to intellectual capital. For solo attorneys, this means working with complex copyright, patent, and trademark cases.

Factual Background

Summary of Choice of Law Issues

How to Get Foreign Law Applied in California

Choice of Law Test

• Although the cases put different labels on the tests they apply in choice of law issues, there are essentially three steps in the analysis: 1. The party who wants to apply foreign law must identify the foreign law and show that it is materially different from California law. If the laws are not different, the court should apply California law. 2. T...

See more on kleinandwilson.com

A False Conflict?

Comparative Impairment Approach