Author Archives: Robert Ross
Don’t Criticize an Attorney’s “No” to Representation
Many times, when an attorney refuses to take a case, the prospective client takes the refusal personally. The prospective client feels let down, or slighted, or that the attorney just didn’t think the case was “worth enough.” This isn’t always true. In many cases, an attorney who refuses a case is simply complying with… Read More »
Just Keep Swimming … Safely
Most homeowners realize the danger associated with swimming pools, both the large, in-ground variety and the smaller “kiddie pools” that people fill with a garden hose. However, fewer property owners realize that swimming pools–and the yards that house them–must comply with important safety laws as well. THE VIRGINIA GRAEME BAKER SWIMMING POOL & SPA… Read More »
The Leopard’s New Spots: Education and Attorney Competence
In California, as in other states, an attorney must represent his or her client with competence, and with a reasonable level of skill and knowledge. Attorneys acquire knowledge, skill, and competence over time, through experience and education. An attorney is not limited to one area of practice or specialization. In fact, an attorney may… Read More »
Don’t Hedge Your Bets — Trim, Maintain, and Comply
Property owners use hedges for a variety of reasons. Hedges create privacy and barriers to sound. They offer environmentally-conscious alternatives to walls, and may assist with security. Hedges are also attractive, and many homeowners consider them an “all-in-one” solution to several needs. Unfortunately, improperly maintained hedges also create hazards, which in turn create the… Read More »
Homeowner Liability for Stairs, Inside and Out
PROPERLY CONSTRUCTED STAIRS MINIMIZE ACCIDENT RISKS Most modern homes are built with carefully-measured stairs of equal height and length. Properly constructed stairs minimize the likelihood of tripping and falling accidents, and make it easier to access and use all portions of a house or other property. In older houses, however, stairs may not always… Read More »
The Attorney’s Duty to Maintain Learning and Skill
As we discussed in last week’s Malpractice Monday post, California attorneys have an obligation to represent clients with an appropriate level of learning and skill. ATTORNEYS MUST MAINTAIN APPROPRIATE LEARNING AND SKILL Attorneys must do more than merely acquire skills, however. In California (and also most other states) an attorney has a duty to… Read More »
Holes: More Than an Empty Threat
Renters, homeowners, and contractors dig holes on property for a variety of reasons. Fixing underground lines, installing swimming pools and other landscape features, and even children at play can result in holes. While some holes are filled immediately, others may remain open for days or even weeks. Unfortunately, many holes are hidden by ground… Read More »
Introducing “Malpractice Mondays”
Over the next few months, the “Malpractice Monday” column will take a look at basic attorney competence, including minimum requirements and helpful practice tips for achieving and maintaining competence levels. In addition, we’ll take a look at some common malpractice issues involving lawyers and the legal profession. Today, we start our tour of attorney… Read More »
Sliding Doors: A Clear and Present Danger
Sliding glass doors highlight views and brighten rooms. They increase ventilation, and offer an easy way to keep an eye on children and pets in the yard. Unfortunately, some older doors may also pose a deadly hazard. Before the 1980s, many sliding doors were constructed using dangerous plate glass instead of the safer tempered… Read More »
