On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court....
One California case (Colyer) found an exception to the general standing rule and, applying California law, concluded that a non-client litigant may seek an attorney’s disqualification from an action “where the ethical breach so infects the litigation in which disqualification is sought that it impacts the moving parties’ interest in a just and lawful determination of her claims…In such …
Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. Some cases hold that the complaining party must prove a present or past attorney-client relationship with the attorney who is the target of the motion.
It is well-settled that California courts may disqualify counsel for possessing privileged or confidential information of an adversary obtained (1) as a result of previously representing the adverse party (a.k.a. a “successive representation” theory), (2) by improper means, or (3) through inadvertent disclosure by the adverse party.
42 MARCH 2009 CALIFORNIA LAWYER trade secrets and unfair competition. Counsel for the former employee promptly files a motion to disqualify Attorney A on the ground that he has a conflict of interest because he was counsel for the employee dur-ing the deposition in the prior case. Is Attorney A out of luck and off the case? Not necessarily.
A motion to disqualify tests whether the opposing party’s right to counsel of his or her choice, which is an important right, “must yield to ethical considerations that affect the fundamental principles of our judicial process.”.
Plaintiff Julie Pavlina San Giorgio (“Julie”) has filed a motion to disqualify the firm of Farella Braun & Martel (“Farella”), counsel for Defendant and Cross-complainant Stephen Pavlina, Jr. (“Stephen”).1 “A trial court’s authority to disqualify an attorney derives from the power inherent in every court ‘ [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all...
When you register for the California Bar Exam, you will be required to pay a $677.00 fee if you are a general applicant (i.e., you are not an attorney in another jurisdiction). If you are planning on using a laptop, there is an additional $153.00 fee.
California's bar exam is notoriously one of the most difficult in the country due to its three day length, its 16 hours of exam time, its testing of both state and federal law, and its inclusion of a performance test.
Create a Law School Admission Council (LSAC) account. LSAC helps prospective law students navigate the law school application process and creating an account is a prerequisite to applying to most schools. [1]
1. Devote yourself to your legal education. Law school can seem daunting at times, especially during your first couple of months. However, law school is manageable so long as you devote yourself to your studies. Remember the study habits you learned in high school and college and put them to good use.
The LSAT is administered in June, October, December, and February. [5] X Trustworthy Source Law School Admission Council Nonprofit organization which supports law schools and students in the applications process and administers the LSAT Go to source. The LSAT costs $175.00 each time you take it.
The LSAT is an important part of your law school application as it provides a standardized measure of certain skills considered important to law school success ( i.e., reading and reasoning skills).
Becoming a lawyer in California is one of the most difficult, and most rewarding, career choices you can make. California is notoriously one of the most difficult bars to obtain membership in, and the steps necessary to do so include earning multiple college degrees, taking entrance examinations, and submitting yourself to an in-depth background ...
The Commission on Teacher Credentialing is an agency found within the state government’s executive branch, which manages the regulation and licensing of California’s teachers.
According California’s Education Code Section 44242.5.6 (A), any allegation of misconduct or omission on your application will be presented to the COC, including your “affirmative response on an application submitted to the commission as to any conviction, adverse action on, or denial of, a license, or pending investigation into a criminal allegation or pending investigation of a non-criminal allegation of misconduct by a governmental licensing entity.” In other words, if you have ever been denied a license by another government agency, or you have been convicted or even investigated for a crime, the COC factors this into its recommendation for acceptance or denial of your credential application..
A number of crimes can generate a COC review.
In addition to the specific crimes listed, other crimes, including white-collar crimes and shoplifting, for which you have been convicted could prevent you from becoming a California teacher. The COC will make a determination as to your fitness to teach and make its recommendation for issuance or denial of your credential.
Felony crimes usually result in prison sentences of a year or longer. Misdemeanors are less serious crimes that may or may not disqualify you depending on the crime, whether the conditions of the sentence have been met and the state where you are applying.
To qualify as a correctional officer candidate, you must be at least 18 years old, although some jurisdictions set the minimum age as high as 21. Most require a minimum of a high school diploma or GED, even if it isn't stated on their website or application forms.
Correctional officers also supervise inmate activities, search for contraband, and make sure areas are secure and safe by looking for signs of security breaches.
The Federal Bureau of Prisons requires that applicants have a college degree or one to three years of experience in similar work – such as supervising, counseling or negotiating with individuals – for federal correctional officer jobs, according to the BLS.
Felony crimes usually result in prison sentences of a year or longer. Misdemeanors are less serious crimes that may or may not disqualify you depending on the crime, whether the conditions of the sentence have been met and the state where you are applying. It helps if your record was expunged or you were pardoned.
Correctional officers will still be needed to replace those who retire or move to other occupations.
You can also expect to take a drug test as part of your background check.