The effect on the remainder of a statute when certain parts of it are held to be unconstitutional depends on whether the Legislature intended it to be severable. Severability is a contractual concept which permits a contract to survive despite an illegal or unenforceable provision within the contract. The illegal Read more…
Etiquette is essential for making a good impression in every social setting. And the law is no different. Legal professionals begin their lessons on the fine points of courtroom etiquette during their education. It is in their legal studies they can learn about the professional requirements of their careers and Read more…
Workplace investigations are becoming a more and more regular task for Human Resource Departments for businesses, big and small. Yet, no matter how commonplace they have become, there is still an art to doing it correctly. First and foremost, it is important that they are conducted neutrally and consistently, no Read more…
We often read or get passed articles and blog entries relevant to our profession of practicing law. Every once in a while, one of these articles is worthwhile to link to and comment on. This morning, our office found the following entry from The Practice of Law Blog. It is Read more…
As a leader in Professional Licensing Law, Health Care Law, and Malpractice Defense Law, most of our clients come to us with professional liability insurance. Professional liability insurance, which is also called Errors and Omissions insurance (E&O) or Malpractice insurance, is type of insurance which provides insurance coverage for liability Read more…
Service by Notice and Acknowledgement of Receipt (Code Civ. Proc. § 415.30) is the recommended method of serving a summons on a known-to-be represented party or an unrepresented party who you believe to be amenable to such service. This then alleviates the need to track down the party and engage Read more…
Technological change is extremely rapid, often leaving the law (including legislators and judges) struggling to catch up. This divergence is evident with search and seizure issues, such as with cell phones. Traditionally, the “search incident to arrest” exception to warrantless searches (which are generally unconstitutional) was based on the fear that Read more…
The longstanding purpose of license discipline laws is to protect the public from incompetent practitioners. Although the standards differ somewhat from agency to agency, almost every licensing agency has laws that allow it to take disciplinary action against a licensee when their conduct falls below what is expected of the Read more…
On July 1, 2013, the Department of Real Estate (DRE) is no more. No, the State of California is not abolishing the agency. Rather, they are shifting under the Department of Consumer Affairs and becoming the Bureau of Real Estate (BRE). As a result, the BRE is recommending that California real Read more…
On June 12, 2013, Steven L. Simas, founder and owner of Simas & Associates, Ltd., California’s leading administrative and health care law firm, presented “The Intersection of Criminal and Administrative Law” to the San Luis Obispo County Bar Association, Criminal Law Section. The presentation provided a general overview of administrative Read more…