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Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

Julianne Allen Lectures at American River College

On November 7, 2016, Julianne Allen, Senior Paralegal at Simas & Associates, Ltd., guest lectured at American River College. The students were part of the Paralegal Program and the course was “Administrative Law and Procedure” taught by Julia Brynelson, Adjunct Professor. “I was invited to speak and jumped at the chance,” explained Ms. Allen, the most […]

December 3, 2016

Proof of Competency as Mitigation Evidence

Mitigation evidence, in the civil lawsuit realm, is evidence used to thwart a potential affirmative defense of the failure to limit ones damages. This evidence is done to demonstrate to the opposing party and/or adjudicator of your dispute that once you became aware of the injury, damage, or problem, you took reasonable steps to limit […]

November 30, 2016

Ethical Obligations to an Intended Beneficiary

An attorney advising a client has no duty to a third party affected by that advice unless there is a “showing that the legal advice was foreseeably transmitted to or relied upon by a third party or the third party was or were intended beneficiaries of a transaction to which the advice pertained.” (Goodman v. […]

November 18, 2016

Guide to Reports to National Practitioner Data Bank

The National Practitioner Data Bank (“NPDB”) was created by Congress and contains information related to “certain adverse actions related to health care practitioners, entities, providers, and suppliers.”[1] The law determines what types of adverse actions are reportable to the NPDB, however, most reporting entities error on the side of over-reporting making disputing an erroneous report […]

November 14, 2016

Time Off to Vote Notices

California Elections Code, section 14001 requires all employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. A sample of this notice, as well as a notice to employers regarding time off for voting is available in this embedded link. Employers may […]

November 4, 2016

Misconceptions Regarding Contingency Fees

The purpose of this blog article is to dispel a number of misconceptions potential clients have regarding attorneys accepting matters on contingency fees.  Simas & Associates, Ltd.’s client intake team receives dozens of calls per month inquiring about legal representation on a contingency fee. What is a Contingency Fee? A contingency fee involves a lawyer […]

October 28, 2016

You Snooze, You Lose – Understanding the Government Tort Claims Act

How often do people get injured due to the negligence of the government or some other public entity?  All too often, right?  In an attempt to limit the number of lawsuits filed against public agencies and/or entities, the legislature enacted what is now known as the Government Tort Claims Act (“Act”).  The California Government Code […]

Bad Idea to Represent Self before BAR

Every so often, the team at Simas & Associates, Ltd. encounters a new story about a licensee who  undertook to represent himself or herself in an administrative proceeding. The seeming informal nature of administrative proceedings somehow lures intelligent, successful, licensees and business owners into thinking they can represent themselves. Unfortunately, as in the case discussed […]

October 27, 2016

Peter Gros “Wild Kingdom”

Last weekend, Simas & Associates, Ltd. and Cal Poly Arts sponsored Peter Gros from the Original Mutual of Omaha’s “Wild Kingdom.” “Mutual of Omaha’s ‘Wild Kingdom’” on Animal Planet was one of the most well-known and longest-running wildlife series on television, winning 41 Emmys. An animal expert in his own right, Mr. Gros is well known […]

October 25, 2016

Ignore the Form – File a Special Notice of Defense

Professional licensees and healthcare-related licensees in the state of California can have discipline imposed on their licenses for misconduct. The “misconduct” for which license discipline is under the vague and amorphous “substantially-related to the profession” standard that is not the subject of this blog entry. When these licensees face discipline, it is usually their first […]

October 20, 2016

Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments. 

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