<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>Ernst Law Group</title>
	<atom:link href="http://www.ernstlawgroup.com/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.ernstlawgroup.com</link>
	<description></description>
	<lastBuildDate>Tue, 21 May 2013 23:51:36 +0000</lastBuildDate>
	<language>en-US</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.5.1</generator>
		<item>
		<title>Three Car Collision on Highway 101</title>
		<link>http://www.ernstlawgroup.com/three-car-collision-on-highway-101/</link>
		<comments>http://www.ernstlawgroup.com/three-car-collision-on-highway-101/#comments</comments>
		<pubDate>Tue, 24 Jul 2012 17:28:58 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Category One]]></category>

		<guid isPermaLink="false">http://www.ernstlawgroup.com/?p=1186</guid>
		<description><![CDATA[On July 20th, a gold GMC Jimmy driven by Robert Robinson and a black Jeep, were traveling southbound on U.S. Highway 101, when according to the CHP Mr. Robinson cut in front of the Jeep. The resulting collision caused the two vehicles to swerve across the highway and smash into the center divider. The Jimmy.]]></description>
				<content:encoded><![CDATA[<p>On July 20th, a gold GMC Jimmy driven by Robert Robinson and a black Jeep, were traveling southbound on U.S. Highway 101, when according to the CHP Mr. Robinson cut in front of the Jeep.</p>
<p>The resulting collision caused the two vehicles to swerve across the highway and smash into the center divider. The Jimmy bounced off the divider and rolled through a fence before it came to a rest in the center of Redwood Drive in Ronhert Park. A white Toyota was clipped by one of the two vehicles and was involved in the accident.</p>
<p>Mr. Robinson and his wife were taken to the hospital and treated for non-life-threatening injuries.</p>
<p>After an accident can be a scary and tumultuous time. In order to make sure that you can focus on your recovery, it is important to hire an attorney with the knowledge and experience to help you.  At Ernst Law Group, we have years of experience in injuries resulting from traffic collisions, and we would love the opportunity to help you. If you or someone you know has been injured, call us today .</p>
<p>___</p>
<p>Photo By: <a href="http://www.flickr.com/photos/memnativ/6012321208/lightbox/">Funky Tee</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/three-car-collision-on-highway-101/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Man from Arroyo Grande Killed in Highway 1 Crash on Saturday</title>
		<link>http://www.ernstlawgroup.com/man-from-arroyo-grande-killed-in-highway-1-crash-on-saturday/</link>
		<comments>http://www.ernstlawgroup.com/man-from-arroyo-grande-killed-in-highway-1-crash-on-saturday/#comments</comments>
		<pubDate>Wed, 18 Jul 2012 17:29:10 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Category One]]></category>

		<guid isPermaLink="false">http://www.ernstlawgroup.com/?p=1046</guid>
		<description><![CDATA[Jason Maguire was identified as the man killed on Saturday in a traffic collision on the Nipomo Mesa. Maguire, who had just moved from Arizona, was driving his Saab southbound on highway one when he struck a semi-truck that had broken down in the middle of the road. He was pronounced dead at the scene.]]></description>
				<content:encoded><![CDATA[<p>Jason Maguire was identified as the man killed on Saturday in a traffic collision on the Nipomo Mesa. Maguire, who had just moved from Arizona, was driving his Saab southbound on highway one when he struck a semi-truck that had broken down in the middle of the road. He was pronounced dead at the scene and the CHP is investigating the crash.</p>
<p>The CHP said that the driver of the big rig had done everything that he could to alert drivers of his presence and had successful warned many drivers. Reports say that he saw Mr. Maguire and waved his arms to try and get him to stop, but he was not successful. Mr. Maguire crashed into the semi-truck traveling at speeds of around sixty miles per hour. The car hit the left side of the truck, went under the trailer, and left the road crashing into a natural gas pipeline. No one was injured due to the leak.</p>
<p>This story highlights the importance of vigilance when driving at night.  Driving is always dangerous, but when visibility is low, one must use caution to keep themselves and others safe.</p>
<p>If you or someone you know has been injured in an automobile accident, protect your legal rights and call Ernst Law Group today. As with all cases there is a limited amount of time to file a claim, therefore it is important to act quickly and have a qualified legal team working for you.</p>
<p>Ernst Law Group has had many cases involving traffic collisions and the attorneys here pride themselves on the work that they have done for their injured clients. Automobile accidents can be devastating making it ever more important to make sure that you get the recovery that you deserve. The attorney’s at Ernst Law Group will make sure that your recovery is maximized while you focus on your recovery.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>_________</p>
<p>Photo by <a href="http://www.flickr.com/photos/96dpi/2779478194/sizes/l/in/photostream/">96dpi</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/man-from-arroyo-grande-killed-in-highway-1-crash-on-saturday/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Deadly Accident on Hwy. 46/Hwy 41 Interchange</title>
		<link>http://www.ernstlawgroup.com/deadly-accident-on-hwy-46hwy-41-interchange/</link>
		<comments>http://www.ernstlawgroup.com/deadly-accident-on-hwy-46hwy-41-interchange/#comments</comments>
		<pubDate>Fri, 08 Jun 2012 23:14:23 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[San Luis Obispo Traffic]]></category>
		<category><![CDATA[car accident]]></category>
		<category><![CDATA[deadly crash]]></category>
		<category><![CDATA[Highway 41]]></category>
		<category><![CDATA[Highway 46]]></category>
		<category><![CDATA[motorcycle accident]]></category>
		<category><![CDATA[truck accident]]></category>

		<guid isPermaLink="false">http://www.ernstlawgroup.com/?p=994</guid>
		<description><![CDATA[Deadly motorcycle crash on the Highway 46 East/ Highway 41 interchange occured today, as a pickup towing a trailer collided with a motorcycle. The entire highway will be closed both ways, as Highway 41 shuts down.  Emergency vehicles and emergency personnel investigate the crash, and try to prevent any further harm to the community. The.]]></description>
				<content:encoded><![CDATA[<p>Deadly motorcycle crash on the Highway 46 East/ Highway 41 interchange occured today, as a pickup towing a trailer collided with a motorcycle.</p>
<p>The entire highway will be closed both ways, as Highway 41 shuts down.  Emergency vehicles and emergency personnel investigate the crash, and try to prevent any further harm to the community.</p>
<p>The San Luis Obispo County Sheriff&#8217;s office confirmed the coroners report has been called in to assist, but the CHP would not say which party sustained the fatal injuries.</p>
<p>The San Luis Obispo news KSBY will be providing the latest on the developing story at 5 -6 today.</p>
<p>Multiple news sources reported on this event, and as the local KSBY legal expert, the <a href="http://www.ernstlawgroup.com/attorneys/">attorneys at the Ernst Law Group</a> have been providing effective representation for more than 35 years.  More than anything else, the focus should be on preventing harm like this in the future.</p>
<p>Those who take unreasonable risks, and injure someone else, must be brought to justice.  If you know of any further information regarding this accident, please do not hesitate to get in touch with our office.</p>
<p>&nbsp;</p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/deadly-accident-on-hwy-46hwy-41-interchange/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Statute of Limitations</title>
		<link>http://www.ernstlawgroup.com/statute-of-limitations/</link>
		<comments>http://www.ernstlawgroup.com/statute-of-limitations/#comments</comments>
		<pubDate>Wed, 06 Jun 2012 19:51:47 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Category One]]></category>

		<guid isPermaLink="false">http://www.ernstlawgroup.com/?p=987</guid>
		<description><![CDATA[If you or someone you love has been seriously injured, you have a time limit on when you can file a case.  This time limit generally starts when the injury occurs or is discovered.  Below is a quick reference to how long you can file a case. &#160; Written Contract: 4 years. Oral Contract: 2.]]></description>
				<content:encoded><![CDATA[<p>If you or someone you love has been seriously injured, you have a time limit on when you can file a case.  This time limit generally starts when the injury occurs or is discovered.  Below is a quick reference to how long you can file a case.</p>
<p>&nbsp;</p>
<p>Written Contract: 4 years.</p>
<p>Oral Contract: 2 years.</p>
<p>Personal Injury: 2 years.</p>
<p>Property Damage: 3 years.</p>
<p>&nbsp;</p>
<p>Written Contract:  If a lawsuit develops out of a written contract, you have 4 years from the date of the breach of contract.  A contract is breached when there is a &#8220;material breach&#8221; meaning the act of performance or non performance must be signficant in the overall ability to complete the contract.  For example if there is a contract that 1000 tiles should be used on a roofing project, using only 990 tiles is not a material breach.  A material breach would be if the roof was only partially finished and then the construction company  decided not to finish.</p>
<p>&nbsp;</p>
<p>Oral Contract: Contracts can be oral if they fit a specific set of circumstances.  The amount inolved in the contract generally needs to be under 500 dollars, and the contract must take place in less than a year. Most of the time there is little obligation over these contract.</p>
<p>&nbsp;</p>
<p>Personal Injury:  When a loved one or family member is harmed, the first goal should be to try to get better.  The focus should be on following the doctors orders, and focus on getting better from the injury.  It should only be after the medical emergency has gone away, that you seek justice for the harm that happened, and that may happen again.  The standard is 2 years from the date of the injury.  This can be extended for a brief period of time through a doctrine called tolling, but it is smart to think about retaining a <a href="http://www.ernstlawgroup.com/attorneys/">Personal Injury Attorney</a> within 6 months to 1 year.  If you wait close to 2 years, it becomes difficult to try your case effectively.  If you think you may have a personal injury case on behalf of you or someone you care about, feel free to call us today.  It is no fee, no cost, and you pay no money until we win or resolve your case.</p>
<p>&nbsp;</p>
<p>Property Damage:  Property damage claims must be filed within 3 years of when the incident occurred.  This is straightforward and clear.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/statute-of-limitations/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>What is a Personal Injury Case Worth?</title>
		<link>http://www.ernstlawgroup.com/what-is-a-personal-injury-case-worth/</link>
		<comments>http://www.ernstlawgroup.com/what-is-a-personal-injury-case-worth/#comments</comments>
		<pubDate>Thu, 19 Apr 2012 17:09:42 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Category One]]></category>

		<guid isPermaLink="false">http://www.ernstlawgroup.com/?p=825</guid>
		<description><![CDATA[When you have suffered a serious injury, your first thought is should be what steps you need to get well. Your focus should be on the things you need to do to return to health. You need to go to your doctor appointments, physical therapy, and follow the doctor recommended guidelines.  The last thing you.]]></description>
				<content:encoded><![CDATA[<p>When you have suffered a serious injury, your first thought is should be what steps you need to get well. Your focus should be on the things you need to do to return to health. You need to go to your doctor appointments, physical therapy, and follow the doctor recommended guidelines.  The last thing you want to deal with is a civil suit to hold the wrongdoer responsible.</p>
<p>However it is the law that if someone causes injury, they are responsible to make you whole.  When it is time to think about the harm that you have suffered because someone else was a reckless member of the community, there are are number of factors that determine the value of your case. The value of a personal injury case is as follows. You take three things, that the resulting sum is the value of the personal injury case.</p>
<ol>
<li>Medical Bills</li>
<li>Pain and Suffering</li>
<li>Loss of Earnings/Loss of Earning Capacity</li>
</ol>
<div></div>
<div>However, there is usually disagreement to the actual value of each of these areas.  We will look in depth at each of these three things.</div>
<div></div>
<p><strong>1. Medical Bills</strong></p>
<p>When you have been injured by someone else&#8217;s actions, they are responsible for making you whole. When you end up in the hospital from your injury, you will have medical bills. Sometimes these medical bills can be extensive.  The total value of the medical bills will be considered.  This means medical bills that have already been paid, and medical bills that will have to be paid in the future (ex. additional surgery).</p>
<p>Medical Bills also have been limited in the last year by a case called <em>Howell v. Hamilton Meats.  </em>An example helps understand the limitation.  If an injured party has a total of 200,000 dollars in medical bills, but the insurance company cut a deal to only pay 75,000 dollars for the 200,000 dollars of medical care, there will be different treatment of the value of the medical bills.  The injured party can only recover the amount of money that was actually paid.  This means when insurance is used to pay for medical bills, the value of the personal injury case decreases.  This is especially sharp, as insurance companies have very high volume of medical work, and often pay a fraction of the dollar for the same treatment.</p>
<p><strong>2. Pain and Suffering</strong></p>
<p>Calculating the value of pain and suffering damages is never easy.  When trying to figure out the amount or value of injuries of you or someone you care about, there are a number of specific rules we urge our clients and friends to heed.</p>
<p>You should recover for your true pain and suffering.  If you are not in pain, you should not recover these. However if you are suffering, their needs to be some way to quantify your injuries.  The closer you can link your day to day pain with a specific and calculable dollar amount, the more effective you will be at recovering these damages.</p>
<p>The easiest way to quantify your pain and suffering is a calculation related to your special damages. Doctors will often calculate that pain and suffering is a multiple of the special medical damages.  Your pain may causes you damages because it prevents you from doing certain things.  For example, it may prevent you from being able to stand all day. Because you work less, your suffering is directly costing you money.</p>
<p>Another way to quantify pain and suffering is to demonstrate activities that you will no longer be able to undertake, due to the pain and suffering.  These can include specific areas of life, tasks that are too difficult, or activities that you used to enjoy.</p>
<p><strong>3. Loss of Earnings and Loss of Earning Capacity</strong></p>
<p>If you are injured, you are entitled to any money or income that you would have received if the injury had not occurred.  To determine the amount of money that you would have made records of past wages and hours worked are allowed. These wages can be adjusted to reflect wage increases, if you were supposed to get a raise between the time of the accident and the time of the trial.  This number is considered the loss of earnings.  If you are self employed, this process is more complicated as the amount you earn needs to be calculated by an expert.</p>
<p>The loss of earning capacity is the difference between what you would have earned, and what you will be able to earn after the accident.  This is a number that is calculated based on the rest of your life.  Wages and experts will determine the amount of money you would have made over your lifetime, absent the injury, and then discount it for present value.</p>
<p>&nbsp;</p>
<p>______________________</p>
<p>Image thanks to <a href="http://www.flickr.com/photos/sbh/4112182289/sizes/l/in/photostream/">Steve-h</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/what-is-a-personal-injury-case-worth/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>20 Ways to Ethically Grow Your Firm, Citations</title>
		<link>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-citations/</link>
		<comments>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-citations/#comments</comments>
		<pubDate>Wed, 21 Mar 2012 03:16:24 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Ethics]]></category>

		<guid isPermaLink="false">http://184.173.215.168/~ternst/?p=465</guid>
		<description><![CDATA[Rule 1 320. Financial Arrangements With Non Lawyers (A) Neither a member nor a law firm shall directly or indirectly share legal fees with a person who is not a lawyer, except that: (1) An agreement between a member and a law firm, partner, or associate may provide for the payment of money after the.]]></description>
				<content:encoded><![CDATA[<p>Rule 1 320. Financial Arrangements With Non Lawyers</p>
<p>(A) Neither a member nor a law firm shall directly or indirectly share legal fees with a person who is not a lawyer, except that:<br />
(1) An agreement between a member and a law firm, partner, or associate may provide for the payment of money after the member&#8217;s death to the member&#8217;s estate or to one or more specified persons over a reasonable period of time; or<br />
(2) A member or law firm undertaking to complete unfinished legal business of a deceased member may pay to the estate of the deceased member or other person legally entitled thereto that proportion of the total compensation which fairly represents the services rendered by the deceased member;<br />
(3) A member or law firm may include non member employees in a compensation, profit sharing, or retirement plan even though the plan is based in whole or in part on a profit sharing arrangement, if such plan does not circumvent these rules or &gt; Business and Professions Code section 6000 et seq.; or</p>
<p>(4) A member may pay a prescribed registration, referral, or participation fee to a lawyer referral service established, sponsored, and operated in accordance with the State Bar of California&#8217;s Minimum Standards for a Lawyer Referral Service in California.<br />
(B) A member shall not compensate, give, or promise anything of value to any person or entity for the purpose of recommending or securing employment of the member or the member&#8217;s law firm by a client, or as a reward for having made a recommendation resulting in employment of the member or the member&#8217;s law firm by a client. A member&#8217;s offering of or giving a gift or gratuity to any person or entity having made a recommendation resulting in the employment of the member or the member&#8217;s law firm shall not of itself violate this rule, provided that the gift or gratuity was not offered or given in consideration of any promise, agreement, or understanding that such a gift or gratuity would be forthcoming or that referrals would be made or encouraged in the future.<br />
©) A member shall not compensate, give, or promise anything of value to any representative of the press, radio, television, or other communication medium in anticipation of or in return for publicity of the member, the law firm, or any other member as such in a news item, but the incidental provision of food or beverage shall not of itself violate this rule.<br />
Rule 1 400. Advertising and Solicitation</p>
<p>(A) For purposes of this rule, &#8220;communication&#8221; means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:<br />
(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or<br />
(2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or<br />
(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or<br />
(4) Any unsolicited correspondence from a member or law firm directed to any<br />
person or entity.<br />
(B) For purposes of this rule, a &#8220;solicitation&#8221; means any communication:<br />
(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and<br />
(2) Which is;<br />
(a) delivered in person or by telephone, or</p>
<p>(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.<br />
©) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member&#8217;s or law firm&#8217;s professional duties is not prohibited.<br />
(D) A communication or a solicitation (as defined herein) shall not:<br />
(1) Contain any untrue statement; or<br />
(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or<br />
(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or<br />
(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or<br />
(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.<br />
(6) State that a member is a &#8220;certified specialist&#8221; unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.<br />
(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1 400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules.<br />
&#8220;Presumption affecting the burden of proof&#8221; means that presumption defined in &gt; Evidence Code sections 605 and &gt; 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.<br />
(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.<br />
STANDARDS<br />
Pursuant to rule 1 400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989 as forms of &#8220;communication&#8221; defined in rule 1 400(A) which are presumed to be in violation of rule 1 400:</p>
<p>(1) A &#8220;communication&#8221; which contains guarantees, warranties, or predictions regarding the result of the representation.</p>
<p>(2) A &#8220;communication&#8221; which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as &#8220;this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.&#8221;</p>
<p>(3) A &#8220;communication&#8221; which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.</p>
<p>(4) A &#8220;communication&#8221; which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.</p>
<p>(5) A &#8220;communication,&#8221; except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word &#8220;Advertisement,&#8221; &#8220;Newsletter&#8221; or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word &#8220;Advertisement,&#8221; &#8220;Newsletter&#8221; or words of similar import on the outside thereof.</p>
<p>(6) A &#8220;communication&#8221; in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non profit legal services organization.</p>
<p>(7) A &#8220;communication&#8221; in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to &gt; Business and Professions Code sections<br />
6160 &gt; 6172 unless such relationship in fact exists.<br />
(8) A &#8220;communication&#8221; which states or implies that a member or law firm is &#8220;of counsel&#8221; to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to &gt; Business and Professions Code sections 6160 &gt; 6172) which is close, personal, continuous, and regular.</p>
<p>(9) A &#8220;communication&#8221; in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.</p>
<p>(10) A &#8220;communication&#8221; which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.</p>
<p>Rule 2-200. Financial Arrangements Among Lawyers</p>
<p>1. (A) A member shall not divide a fee for legal services with a lawyer who is not a partner of, associate of, or shareholder with the member unless:<br />
(1) The client has consented in writing thereto after a full disclosure has been made in writing that a division of fees will be made and the terms of such division; and<br />
(2) The total fee charged by all lawyers is not increased solely by reason of the provision for division of fees and is not unconscionable as that term is defined in Rule 4-200.<br />
(B) Except as permitted in Paragraph (A) of this rule or Rule 2-300, a member shall not compensate, give, or promise anything of value to any lawyer for the purpose of recommending or securing employment of the member or the member’s law firm by a client, or as a reward for having made a recommendation resulting in employment of the member or the member’s law firm by a client. A member’s offering of or giving a gift or gratuity to any lawyer who has made a recommendation resulting in the employment of the member or the member’s law firm shall not of itself violate this rule, provided that the gift or gratuity was not offered in consideration of any promise, agreement, or understanding that such a gift or gratuity would be forthcoming or that referrals would be made or encouraged in the future.<br />
Rule 3-110. Failing to Act Competently.</p>
<p>1. (A) A member shall not intentionally, recklessly or repeatedly fail to perform legal services with competence.</p>
<p>(B) For purposes of this rule, “competence” in any legal service shall mean to apply the 1)diligence, 2)learning and skill, and 3)mental, emotional and physical ability reasonably necessary for the performance of such service.<br />
©) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1)associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required.<br />
Rule 3-300. Avoiding Interests Adverse to a Client</p>
<p>1. A member shall not enter into a business transaction with a client; or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client, unless each of the following requirements has been satisfied:<br />
(A) The transaction or acquisition and its terms are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which should reasonably have been understood by the client; and<br />
(B) The client is advised in writing that the client may seek the advice of an independent lawyer of the client’s choice and is given a reasonable opportunity to seek that advice; and<br />
©) The client thereafter consents in writing to the terms of the transaction or the terms of the acquisition.<br />
Rule 1-310. Forming a Partnership With a Non-Lawyer</p>
<p>1. A member shall not form a partnership with a person who is not a lawyer if any of the activities of that partnership consist of the practice of law.</p>
<p>Minimum Continuing Legal Education Requirement, Rule 2<br />
2.1 Requirement. All members of the State Bar of California on active status shall demonstrate their compliance with the continuing legal education requirement at the end of each compliance period and, except as otherwise provided, shall complete at least 25 hours of approved continuing legal education activities every 36 months. Of the 25 hours:<br />
2.1.1 At least four shall be in the area of legal ethics ;</p>
<p>2.1.2 At least one shall relate to prevention, detection, and treatment of substance abuse ; and<br />
2.1.3 At least one shall relate to elimination of bias in the legal profession based on any of, but not limited to the following characteristics: sex, color, race, religion, ancestry, national origin, blindness or other physical disability, age, and sexual orientation.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>______________________________</p>
<p>Photo Courtesy of <a href="http://www.flickr.com/photos/bsabarnowl/5582414744/sizes/l/in/photostream/">bsabamowl</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-citations/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>20 Ways to Ethically Grow Your Firm, Rules 16-20</title>
		<link>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-rules-16-20/</link>
		<comments>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-rules-16-20/#comments</comments>
		<pubDate>Wed, 21 Mar 2012 03:15:19 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Category One]]></category>

		<guid isPermaLink="false">http://184.173.215.168/~ternst/?p=463</guid>
		<description><![CDATA[16. Take time to think about your cases. Be innovative. Think about how to present the facts to win. Theme your case. Recognize that time to think about one’s cases is often the first thing to be put aside during a busy time. This “thinking time” is often critical to the success of a case..]]></description>
				<content:encoded><![CDATA[<p>16. Take time to think about your cases.</p>
<p>Be innovative. Think about how to present the facts to win. Theme your case. Recognize that time to think about one’s cases is often the first thing to be put aside during a busy time. This “thinking time” is often critical to the success of a case. Don’t become overwhelmed with busy work to the exclusion of thinking time. Plot a strategy for each case. Develop a theme. Have a plan, including a schedule of discovery. Fit the plan into your case time line. Include early experts in the difficult case. Recognize those cases which should be referred.</p>
<p>17. Live within yourself.</p>
<p>Find a comfort zone and live within it. Lease your equipment if you cannot afford to buy it. Purchase repair agreements to keep your office operating. Factor in your rent, phones, personnel and overhead when you do your time lines. Give yourself a regular draw and live within it. Put the rest into a war chest and your pension plan.</p>
<p>18. Establish a war chest.</p>
<p>Larger cases require significant amounts of money to effectively prosecute. Having an adequate war chest will allow you to make the correct decisions in hiring experts early, building models, creating courtroom drawings, and deposing key witnesses. An adequate war chest allows you to compete against large defendants and win. If you don’t have a war chest and you have a case that needs it, associate another law firm. An undercapitalized case is a case that you are going to lose. You need to have the power to attack. There are vendors at this convention that will finance the bigger cases. Seek them out and use them if necessary. Remember any referral is governed by Rule 2-200.</p>
<p>19. Keep a money control person.</p>
<p>Keeping track of your costs and overhead is a time consuming and tedious job. A money control person is critical to the operation of a successful business. At least a part time person is needed to keep track of costs and office administration. It is also crucial for tax planning. Know when your taxes are due and use the time lines to plan accordingly. Establish a retirement plan now. That means this year. Pay into the retirement plan every year, even when it hurts.</p>
<p>20. Try cases.</p>
<p>There are certain cases that must be tried. To regularly add value to your cases, one must be prepared to try the case. The defense keeps track of those lawyers that try cases, and pays those lawyers more for the cases they settle. Those attorneys that are afraid to try cases end up with a lot less for their clients because the defense knows the case will never be tried. Discuss with every client the potential of a trial. Prepare every case as if it were going to be tried and then pick several cases per year to try. Factor in the risk to the clients and potential return.<br />
Lastly, have fun. You are not alone out there. If you need help, ask a fellow CAOC member. In my career, they have never failed to offer help and advice when asked.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>____________________________________</p>
<p>Photo Courtesy of <a href="http://www.flickr.com/photos/badcomputer/4974972591/sizes/l/in/photostream/">Bulliver</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-rules-16-20/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>20 Ways to Ethically Grow Your Firm, Rules 11-15</title>
		<link>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-rules-11-15/</link>
		<comments>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-rules-11-15/#comments</comments>
		<pubDate>Wed, 21 Mar 2012 03:14:55 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Ethics]]></category>

		<guid isPermaLink="false">http://184.173.215.168/~ternst/?p=460</guid>
		<description><![CDATA[11. Institute the “screw up rule.” If someone makes a mistake, they must immediately tell a superior. Most mistakes can be remedied if discovered soon enough. Give amnesty to an employee if they immediately admit an error. Terminate the employee if they try to hide any mistake. 12. Use hourly employees or independent subcontractors to.]]></description>
				<content:encoded><![CDATA[<p>11. Institute the “screw up rule.”</p>
<p>If someone makes a mistake, they must immediately tell a superior. Most mistakes can be remedied if discovered soon enough. Give amnesty to an employee if they immediately admit an error. Terminate the employee if they try to hide any mistake.</p>
<p>12. Use hourly employees or independent subcontractors to complete short extensive projects.</p>
<p>Some cases demand extraordinary time commitments. Use contract employees where possible to avoid increasing your overhead. Consider using contract employees to do the summary judgment or work on a particular case with a large time commitment. One additional way to lower your cost is to give an hourly employee subsistence money now and payoff money when the case settles or a recovery is obtained. Remember if you are asking an employee to share in your risk, they must earn a premium when the case settles or a judgment is received.<br />
13. Utilize the power of technology</p>
<p>Many new attorneys are so proficient with their computer they do not need a secretary. This is an incredible savings to your firm. Use your personal computer for deadlines, word processing, and power point presentations. Place deposition testimony on your computer with a Summation program or similar product.<br />
This writer cannot overemphasize the power of the computer, the summation program, and a in effective trial preparation and cross examination. This is a real edge. Use it.</p>
<p>14. Time line case management.<br />
This is perhaps the single most important thing to master if one is to succeed. Time line your cases once every two months. Make sure you have listed all the deadlines, including expert disclosure dates. Look at the work involved and the potential fees. Project costs, time and income. Be conservative. Use the information to determine which cases to push, and which cases to continue. Roughly manage your cash flow based upon the time lines. Always plan at least 6 months ahead for cash management purposes.</p>
<p>15. Establish a credit line; avoid using it if at all possible.</p>
<p>If you must use a credit line to finance your cases, be careful. Time line your cases to make sure you don’t make case decisions based upon your credit needs. If you have a good case, have experience, and a lack of cash, you may consider those specialized lending entities that lend costs for the prosecution of a case. If you do not win, they do not collect their costs or fees.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>___________________________________</p>
<p>Photo Courtesy of <a href="http://www.flickr.com/photos/mrhayata/97832987/sizes/l/in/photostream/">Mrhayata</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/20-ways-to-ethically-grow-your-firm-rules-11-15/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>20 Ethical Ways To Grow Your Practice, Rules 6-10</title>
		<link>http://www.ernstlawgroup.com/20-ethical-ways-to-grow-your-practice-rules-6-10/</link>
		<comments>http://www.ernstlawgroup.com/20-ethical-ways-to-grow-your-practice-rules-6-10/#comments</comments>
		<pubDate>Wed, 21 Mar 2012 03:14:14 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Category One]]></category>

		<guid isPermaLink="false">http://184.173.215.168/~ternst/?p=458</guid>
		<description><![CDATA[6. Case selection &#8211; don’t get killed. Refuse those cases that will cost or risk more to prosecute than you will make. Evaluate the damages and the costs, and don’t be afraid to say no. Think of every case as a trial case. Analyze what you have to do to win the case. If you.]]></description>
				<content:encoded><![CDATA[<p>6. Case selection &#8211; don’t get killed.</p>
<p>Refuse those cases that will cost or risk more to prosecute than you will make. Evaluate the damages and the costs, and don’t be afraid to say no. Think of every case as a trial case. Analyze what you have to do to win the case. If you don’t know how to do this, talk to your mentor. Roughly compute your costs and time. Keep in mind that any case can take much more time and effort to prosecute with a nightmare defense lawyer on the other side. We have all had these experiences. Sometimes you can pick out such a case, but most of the time you cannot. Make your decisions based on you have to do and a reasonable and realistic estimate of the defenses. Do the math. If it doesn’t make sense, just say no. If there is a referring attorney, give a reason in writing why you are unwilling to take the case and ask where he wants to send the case. Pass it on without a fee. Confirm in writing that you are not taking the case and include the referring attorney’s name in the rejection letter. Send a cc to the referring attorney.</p>
<p>7. Use a mentor</p>
<p>Connect with an attorney you know and respect in your geographical area that is a member of CAOC, ATLA, TLPJ or CALA. Let him or her know you respect their judgment and discuss your discovery and trial plan of your case. Listen to what they have to say. Ask if you can call them from time to time and inquire about how to handle a particular problem. You will be surprised how receptive they are to helping you. Be respectful of their time. A mentor is a wonderful thing to have. If you can connect with someone who really knows what they are doing, it is immensely helpful.</p>
<p>8. The BIG case walks in the door. What do you do?</p>
<p>It will happen. When the big case walks in your door, sign the client up. If you are unsure of your personal or financial capabilities, ask for help from the best firm in your geographical area or your personal mentor. If you do not have a mentor, this is your chance to find one. Expect to pay half or two thirds of the expected fee to the referred firm. Agree to it willingly. One third or 40% of a big success is better than 100% percent of a disaster.<br />
If an association takes place, ask to be taught. Go to the depositions and court hearings. Meet all the experts, attend client meetings and everything else you can fit in to your schedule. It takes time, but is worth its weight in gold if your mentor or associate is truly skilled. Any agreement regarding fees is covered by Rule 2-2000 as discussed above and set forth below.</p>
<p>9. Refer out those cases that you do not want or should not handle. Make good business decisions.</p>
<p>If you have too many cases, refer those smaller cases out. Your time is limited. Don’t be afraid to refer the small case out and take a fair and reasonable referral fee. If you have a number of large cases but have never tried a big case or feel that you are overwhelmed, associate a trial firm and pay the referral fee. In summary, refer the small cases out and associate on the big ones.<br />
Remember rule 2-200 is applicable to any referrals. The client must consent in writing to the association and referral agreement. If it is not in writing, it is not enforceable.</p>
<p>10. Treat your personnel right</p>
<p>Treat your staff well and most times they will voluntarily commit to your practice. Give them respect. They will help you succeed. If you have staff members that are not what you need, get someone who is what you need. Once you find them, pay them what they are worth. Tell them when they do a good job. Give bonuses where appropriate. Long term employees have incredible value as an institutional memory. They will act as a backup to you, particularly when they are committed and feel a part of the success of your firm.</p>
<p>&nbsp;</p>
<p>____________________________________________________</p>
<p>Photo Courtesy of <a href="http://www.flickr.com/photos/nosha/2433030429/sizes/l/in/photostream/">Nosha</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/20-ethical-ways-to-grow-your-practice-rules-6-10/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Measuring The Immeasurable</title>
		<link>http://www.ernstlawgroup.com/measuring-the-immeasurable/</link>
		<comments>http://www.ernstlawgroup.com/measuring-the-immeasurable/#comments</comments>
		<pubDate>Wed, 21 Mar 2012 03:06:36 +0000</pubDate>
		<dc:creator>Taylor Ernst</dc:creator>
				<category><![CDATA[Medical Malpractice]]></category>
		<category><![CDATA[MICRA]]></category>

		<guid isPermaLink="false">http://184.173.215.168/~ternst/?p=451</guid>
		<description><![CDATA[Imagine this: you are trying to conceive your first child. You’ve bought a house in a neighborhood with good schools and picked a career that will allow you to be flexible. Then imagine: as a result of medical error you are now infertile. To make matters worse, imagine that you are in California. In 1975.]]></description>
				<content:encoded><![CDATA[<p>Imagine this: you are trying to conceive your first child. You’ve bought a house in a neighborhood with good schools and picked a career that will allow you to be flexible. Then imagine: as a result of medical error you are now infertile. To make matters worse, imagine that you are in California.</p>
<p>In 1975 the California legislature passed the Medical Insurance Compensation Reform Act (MICRA). This legislation was enacted with the purpose of lowering malpractice insurance rates for medical professionals.  The act provided for:</p>
<p>* A $250,000 cap for non-economic damages<br />
* A short statute of limitations for medical malpractice suits<br />
* A sliding scale for attorney’s fees that deter attorneys from accepting complex claims</p>
<p>Non-economic damages (also known as pain and suffering) are awarded to compensate for that which cannot be valued, and might be awarded for disfigurement, death of a relative or loss of fertility.</p>
<p>As a result of MICRA, Californians can only recover $250,000 for pain and suffering in medical malpractice suits, regardless of how egregious the medical error may have been. To add insult to injury, the MICRA cap does not adjust for inflation.  Recovery is limited to $250,000, even though $250,000 in 1975 is over a million dollars today.</p>
<p>Furthermore, the limitation on damages disincentivizes attorneys from taking on medical malpractice cases. In many instances, it will not be economically viable for lawyers to litigate a case that is particularly complex, given that damage awards are so limited. Thus, an individual that has suffered a significant injury or loss at the hands of a careless healthcare provider may have no means of recovery.</p>
<p>MICRA has placed a burden on individuals who seek medical treatment in California, yet it has not succeeded in its purported goal of lowering insurance rates for doctors. This is a classic case of cost-benefit analysis gone wrong in practice. Even though they were among the main proponents of the bill, medical practitioners experienced a steep growth in their medical malpractice insurance premiums until 1988, when Proposition 103, a bill aimed to curb the rampant growth of insurance premiums, was finally passed.</p>
<p>We have incurred the cost and received no benefit. MICRA has not achieved its goal of helping doctors, and in many cases may entirely prevent victims of medical malpractice from recovering anything at all.</p>
<p>Back to imagining…You are now infertile. The economic damages you suffered are immeasurable.  Your doctor made a devastating, irreversible mistake. Yet the doctor does not get punished on the scale that matches the mistake that was made.  Great lawyers do not take these types of cases in California.  There is little you can do about it. Tough.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>Photo Courtesy of <a href="http://www.flickr.com/photos/diekatrin/4299071388/sizes/l/in/photostream/">diekatrin</a></p>
]]></content:encoded>
			<wfw:commentRss>http://www.ernstlawgroup.com/measuring-the-immeasurable/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>
