Stream

Join this community to post or comment
 
Southern California isn't known for their bike-friendly roads - but a town in Central Valley is working hard to ensure that they can emerge as a place where all methods of transportation are welcomed! Check out our blog post to read more about the measures they're taking:
1
Add a comment...
 
 
It's important to know what's outside the attorney-client privilege and thus discoverable.
The attorney-client privilege (Evid C §§950–962) protects a client from disclosure of confidential communications between attorney and client. But not every communication between attorney and clien...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...
1
Add a comment...

CEB - Continuing Education of the Bar
moderator

Civil Litigation  - 
 
 
Wondering whether you should seek entry of default and default judgment? Here are two practical reasons to go for it.
A default occurs when a defendant served with a complaint doesn't file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a reque...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...
 
 
Here are clear answers to six common leave law questions.
It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more compl...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...

M Wakshull

Civil Litigation  - 
 
What is your forensic examiner's error rate?

Document examiners must understand the law pertaining to providing expert testimony. In 1923, Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), developed law as to the admissibility of expert testimony. The Frye case establishes that experts must use generally accepted practices in the industry when performing examinations. The 1993, Daubert v. Merrell Dow Pharmaceuticals (92-102), 509 U.S. 579 (1993) changed the requirements for expert testimony in federal court in Rule 702 of the Federal Rules of Evidence. Many states have adopted the Daubert approach, which makes the judge the gatekeeper who decides whether an expert is permitted to testify. The intent is to keep “junk science” out of the courtroom. Daubert established a test establishing the validity of the methodology used:
1. Empirical testing: The theory or technique must be falsifiable, refutable, and testable.
2. Subjected to peer review and publication.
3. Known or potential error rate for the methodology used
4. The existence and maintenance of standards and controls concerning the operation of the methodology
5. Degree to which the theory and technique is generally accepted by a relevant scientific community
In United States v. Starzecpyzel, 93 Cr 553 (LMM), 880 Fed.Sup. 1027 (S Dist N.Y. 1995), the court determined document examiners are “skilled experts” rather than scientists. As a result, the Daubert standard was not applied to forensic document examiners.
In 1997 in the Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), the United States Supreme Court applied the Daubert standard to all expert testimony, not just testimony from scientists. Therefore, the Daubert tests apply to forensic document examiners.
When asked, “What is the error rate of a methodology?” a document examiner must first know the definition of error rate. On what criteria is the question based? Controlled experiments such as proficiency tests and academic studies have reported results. 

Proficiency tests are not scientifically based since the subjects are self-selected rather than randomized subjects. The tests are not necessarily representative of the cases a document examiner receives in normal practice.

Academic experiments may be more properly controlled than proficiency tests. Yet a question exists as to the selection process for the subjects. Are the subjects volunteers? What is the criteria for selecting the subjects from the set of volunteers?

In either setting a question arises as to the methodology used to solve the test cases. Unless a scripted methodology is used, the results may not speak to the reliability of any methodology as different subjects may apply individualized methodologies to solving the problem.

In daily case work the document examiner rarely learns the outcome of a case. Even when the outcome of a case is known, knowledge of the truth of the opinion is even less frequently known.

As to the definition of error, if a document examiner opines, “The writer of the known documents probably wrote the questioned document” and subsequently the subject confesses, “I wrote the questioned document,” did the document examiner err? The proper opinion would have been, “The writer of the known documents is identified as the writer of the questioned document.”

Until the word error is properly defined and knowledge of the true state of nature for the questioned document is known, error rate cannot be properly stated.
1
Add a comment...
 
How Big Of A Game Changer Is This For Uber????? - Uber driver is, in fact, an employee http://ow.ly/OsGvh The ruling, if upheld, could pave the way for Uber to have to pay Social Security, healthcare and other expensive benefits. Nationwide, the company has 160,000 drivers, and if a precedent is set, it could eat into Uber's profits.
California regulators say Uber drivers are employees -- a ruling that could undermine the company's business model.
2
1
Kevin Lovig's profile photo
Add a comment...

Brian Victor

Discussion  - 
 
Father’s Day is a day children should enjoy with their fathers. What happens when high conflict parents cause problems for their children regarding Father’s Day custody?   San Diego divorce lawyer discusses Father’s Day custody plans.
#father’sday
#custody
#sandiegodivorcelawyer
#sandiegocustodylawyer
#highconflict
#divorce
1
Add a comment...

CEB - Continuing Education of the Bar
moderator

Estate Planning/Elder Law  - 
 
 
Change in assets means change in duties: A fiduciary must take several more immediate steps with regard to digital assets.
It used to be enough for a fiduciary and her attorney to simply search through a decedent's or incapacitated person's papers in his or her workplace and at home, watch the mailbox for a 90 day cycl...
View original post
1
2
CEB - Continuing Education of the Bar's profile photoPalmer & Manuel: Charlotte Key, PLLC's profile photo
Add a comment...

Brian Victor

Discussion  - 
 
Graduation is an exciting time and should not be disrupted by high conflict parents. What happens when court ordered parenting plans do not include graduation?   San Diego divorce lawyer discusses graduation and parenting plans.
#graduation
#custody
#sandiegodivorcelawyer
#sandiegocustodylawyer
#highconflict
#divorce
1
Add a comment...
 
California court leaders voted unanimously today to bar courts from charging drivers bail before they can challenge traffic tickets. The emergency rule, adopted by the Judicial Council, takes effect immediately. 
California court leaders voted unanimously Monday to bar courts from charging drivers bail before they can challenge traffic tickets.
1
Reeko Razberry's profile photo
 
Something needs to be done about this...The system favors anybody with money...5 million people without Ls is a lot. ..they can't even get a driving job if they wanted to... driving is a privilege 
Add a comment...

About this community

This is a place for California attorneys and other legal professionals to discuss new legal developments and to share practice tips. It's also a great place to ask general questions about your law practice. Please don't just post articles here -- comment on an existing post before you post one of your own. Welcome! Join the conversation!

CEB - Continuing Education of the Bar
moderator

Real Property Law  - 
 
 
Learn what happens with a lease in CA if the premises is red tagged for complete or partial damage/destruction.
There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging hi...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...
 
Speeding cameras cost Los Angeles a hefty chunk of cash, but San Francisco is determined to implement them. To read more about the controversy as to whether these cameras will be worth their price tag, check out our blog post here:
1
Add a comment...
 
 
New case highlights key remedial feature that distinguishes CA's new LLC law from its predecessor.
The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and sm...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...
 
 
Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips.
Any trial strategy should incorporate the mundane. Not only must you get to court on time, but everything you need to try the case also has to be there, at your fingertips. Here are four things you...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...

JW Surety Bonds

Discussion  - 
 
The California bill requires all foreign labor contractors to register by July 1st, 2016 and obtain a bond, whose amount is based on the annual gross income receipts.

#California   #law   #contractor   #construction   #legislation  
ILO Arab States / Flickr / CC BY-NC Date Enacted:  September 20, 2014 Date Effective: January 1, 2015 California’s bill SB 477 addresses exploitation of non-American workers. The law will require foreign labor contractors who...
1
Add a comment...
 
 
Do you know when an electronic signature is permitted and when it’s not? Find out in this new CEBblog post!
The definition of “signed” in the UCC includes “any symbol,” as long as it's “executed or adopted with present intention to adopt or accept a writing.” Com C §1201(b)(37). E-Sign extends this appro...
View original post
1
1
M Wakshull's profile photoCEB - Continuing Education of the Bar's profile photo
 
I am not an attorney. Here is a question for those of you who are attorneys. Given the definition in UCC and the definition of "writing" in FRE 1001, is the something signed if a tangible object is being accepted?

FRE 1001(a) "A writing consists of letters, words, numbers, or their equivalent set down in any form.'
Add a comment...
 
 
When facing allegations of comparative fault due to a cyclist's failure to wear a helmet, here are four arguments you can make.
The following is a guest blog post by Michelle Weiss, an attorney with Bay Area Bicycle Law, the only firm in Northern California that exclusively represents cyclists. A bill introduced earlier thi...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...
 
 
CA has one case management conference in the first 180 days after the complaint is filed -- and woe to any attorney who comes unprepared!
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...
 
 
The clock is ticking on the filing deadline for petitions to reduce a felony charge and/or sentence to a misdemeanor.
Those individuals who are currently in custody or who are on probation or who have completed a sentence for one of the decriminalized felonies under Proposition 47 need to act soon. The clock is ti...
View original post
1
1
CEB - Continuing Education of the Bar's profile photo
Add a comment...