The Ethical Obligations of a Court-Appointed Guardian ad Litem as Opposed to the Obligations held by a Court-Appointed Attorney

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For all intents and purposes, an attorney appointed by the court to represent a party is in an attorney-client relationship with the party and bound by the rules of professional conduct On the other hand, an attorney appointed as a Guardian ad Litem (“GAL”) answers to the court, and represents the ward’s best interest, not their wishes The GAL does not enjoy an attorney-client relationship with the ward and owes no duty of confidentiality except when the GAL is involved in a privileged matter “A guardian ad litem is not a party to an action, but merely the representative of record of a party” Estate of Cochems, 110 Cal App 2d 27, 29 (1952) The appointment of a GAL can be under Section 372 of the Code of Civil Procedure or Section 1003 of the California Probate Code When a... more

Pervasive Incivility is a Negative Multiplier in Fee Calculations

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by Khodadad “Ko” Sharif || 20 March 2024 || Incivility may hit a litigant’s pocketbook In  Snoeck v ExakTime Innovatiohs, Inc, 96 Cal App 5th 908 (2023), the Court of Appeal affirmed the trial court’s reduction of $457,863 of the plaintiff’s attorney fees in a FEHA fee request Counsel’s incivility was a factor considered by the trial court in its downward calculation of the reasonableness of the fee request Incivility is not the skillset of an excellent lawyer deserving of “higher fees” but a factor for the court to consider when adjusting the reasonableness of the fees requested in a downward direction This is not to punish, but it is a significant factor in the court’s valuation of the reasonableness of the fee request before it The court reasoned that... more

National Association of Realtors: Why a Lawsuit & Settlement?

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by Matthew Faust & Elias Guzman || 20 March 2024 || You may have seen recent news articles (CNN, Washington Post, and Housingwire) about big changes coming to the way residential homes are sold in the US This article will provide a little background on these articles and why they matter First, we’ll take a look at the National Association of Realtors (“NAR”) and the lawsuits that were filed  Second, we’ll discuss the concepts of “fiduciary duties” (through the lens of California) and why the NAR was sued  Finally, we’ll discuss the settlement and how this can impact our country What and Why Lawsuits Talk of lawsuits rose when home sellers in Illinois & Missouri alleged in a duo of class-action lawsuits against the NAR due to their rules... more

Custody and Visitation Orders Part V: Substantial Change of Circumstances

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by Yasaman Sharif || 11 March 2024 || This is the fifth in a series of posts relating to Child Custody and Visitation  In our fourth post, we explored what the term “physical custody” means in a court’s order on custody and visitation  Of course, as mentioned in our previous posting, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions  The results, in any case, depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust   After a court makes a “final” custody and visitation order for a minor child, it becomes much more difficult for a parent to request the court to change that custody and visitation order in place To be “final”, the court order must... more

Application of CRPC 1.15 to Government Lawyers

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by Khodadad "Ko" Sharif || 20 February 2024 || Does California Rules of Professional Conduct, Rule 115, entitled “Safekeeping Funds and Property of Clients and Other Persons,” govern government agencies that are holding funds for third parties in a civil forfeiture proceeding More specifically, should cash received or held in civil forfeiture proceedings by the Office of the District Attorney be deposited in one or more identifiable bank accounts labeled “Trust Account”   California law authorizes the forfeiture of “proceeds traceable to such an exchange” of an illegal controlled substance Cal Health & Safety Code § 11470(f) Cal Health & Safety Code § 11470(f) provides that “the following are subject to forfeiture”: All moneys, negotiable... more

Custody and Visitation Orders Part IV: Physical Custody

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by Yasaman Sharif || 14 February 2024 || This is the fourth in a series of posts relating to Child Custody and Visitation, more specifically physical custody  In our third posting, we explored what the term “legal custody” means in a court’s order on custody and visitation  Of course, as mentioned in our previous posting, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions  The results in any case depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust In California, Physical custody of a minor child deals with the physical residence of the minor child and with which parent the child should live Similar to legal custody (discussed in our second posting),... more

Probate vs. Trusts vs. Estates : A Side by Side Comparison

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by Matthew J Faust || 09 February 2024 || In Fall 2023, Sharif | Faust was excited to launch its new Probate / Trusts & Estates practice area! As our work in this exciting new area has progressed, we’ve had several people ask important questions, such as: What is the difference between Probate and Trusts & Estates What are the drawbacks of probate Do I even need a trust These are all excellent questions, and I hope we can answer some of these questions here in this blog post     Probate vs Trusts vs Estates This is a critical question to understand Speaking generally, “probate” refers to court proceedings that affect the transfer of a person’s property after they pass (the person who died is commonly called the “decedent”) The decedent’s... more

Federal Court or State Court : How Do You Know?

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by Maria F Zamora C || 07 February 2024 || The relationship between the various courts and their jurisdiction can be overwhelming This includes federal, state, district, circuit, bankruptcy, and the United States Supreme Court This post will help explain the difference between the jurisdiction of these various courts  Prior to filing a complaint, it is important to know where you will file it At Sharif | Faust Lawyers, we thoroughly analyze our Client’s claims in determining the appropriate court selection  Although it may seem overwhelming, this post will provide insight into the differences between state court and federal court jurisdiction   Federal Courts There are several different federal courts, including district courts, circuit courts, the Supreme Court... more

What is “Business Law”?

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by Yasaman Sharif || 31 July 2020 || In our office, we spend much of our time assisting our clients with what is commonly known as “business law” The term “business law” is a broad term which is commonly used by the public, but is not a defined term under California law  This post will help explain what we usually think of when we say "business law" At Sharif | Faust, when we speak to clients about their “business law” issues, our conversation often includes discussion of one or more of the following topics: (1) Business Entities; (2) Business Torts (3) Intellectual Property; and (4) Contracts To some extent, these four topics are related and intertwined In this post, I will provide you with a brief explanation of these four topics We will discuss them more extensively... more

Why is Personal Protective Equipment so Expensive

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by Phillip Cavello || 7 July 2020 || At the time of publication, Mr Cavello, JD 2019, is a graduate law clerk under the supervision of attorney Khodadad D Sharif Special thanks to Afshin Pishevar, Esq for coordinating with us to research the issues and help with the drafting of this post In the midst of a pandemic, governments are left to their own devices to seek, obtain, and supply their population with the necessary medical equipment to deter further death However, it is evident that without global cooperation, each country is hopelessly falling behind In fact, Doctors, nurses, and patients alike are being forced to re-use medical equipment or utilize sub-par equipment Further, every link in the chain of production are charging exuberant rates to produce and supply... more

Trademarks Are Fun

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by Matthew J Faust || 19 June 2020 || Trademarks are fun  No, really!  I know that when most people think of intellectual property lawyers, and trademark lawyers in particular, the last thing they think is “fun”  Usually, people think of the agents from The Matrix  But putting these notions aside, the trademarks themselves are fun  The best part of helping clients obtain their trademarks is the pride they get when they see their logo on an official USPTO registration certificate  The pride is real and it is intense  In fact, every small business owner I’ve talked to takes pride in their names and logos and wants their customers to know this  They put their logos on shirts, cups, pencils, keychains, and anything else they can think of  So, on top of being fun,... more

What is Intellectual Property?

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by Matthew J Faust || 4 June 2020 || My colleagues and I at Sharif | Faust spend much of our practice advising businesses  Some are newly formed entities, and some are preexisting business entities  But, in either event we commonly advise them to consider protecting their intellectual property (or “IP” for short)  In these discussions, it is not uncommon to be asked, “what is intellectual property”  Sometimes this question is easily answered, but other times it’s a bit more difficult  In this posting I hope to give you a bit of an overview of intellectual property from 10,000 feet What is Intellectual Property Intellectual Property laws exist to encourage artists, inventors, and other creators to make new art, technology, or other creations  The rest of us benefit... more

Custody and Visitation Orders Part III: Legal Custody

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by Yasaman Sharif || 22 May 2020 || This is the third in a series of posts relating to Child Custody and Visitation  In our second post we explored what the term “best interest” means in a court’s order on custody and visitation  Here we will discuss what Legal Custody means  Of course, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions  The results in any case depend upon the specific facts in that case, so it is important that you consult with a lawyer you trust Overview In California, Legal custody deals with parents’ rights and responsibilities to make important decisions for their minor child These important decisions relate to the child’s health, education, and welfare Legal custody determines who... more

Custody and Visitation Orders Part II: Best Interest of the Child

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by Yasaman Sharif || 22 May 2020 || This is the second in a series of posts relating to Child Custody and Visitation  In our last post we explored what goes into a court’s orders on custody and visitation  In this post we will explore what the term “best interest” or  "best interest of the child" means in these sorts of decisions  Of course, the content of this blog is provided for informational purposes only, and we are not offering any legal opinions Overview A parent who seeks legal custody or physical custody and/or visitation orders in California must file a request for order (“RFO”) with the court During the initial custody and visitation hearing, the court considers the “best interest” of the minor child The factors that the court considers in making... more

Child Custody and Visitation Orders: Part I

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by Yasaman Sharif || 8 May 2020 || Are you a California parent seeking custody of your minor child Do you want to spend more time with them  Are you seeking visitation with your minor child Are you unsure what all these new legal terms mean or how to ask for them  This is the first of several posts that will help provide some information to these questions  California family courts decide these questions in Custody and Visitation Orders  Over the next several posts we will discuss some of the concepts that go into these decisions What are Custody and Visitation Orders In the California family courts, there are two types of custody: legal custody and physical custody  Early on in the case, the court will decide what is in the “best interest” of the minor child  But,... more