Los Angeles California

Linda Cooper asked:


Prospective Los Angeles therapists should have no problem showing sincere concern for an individual?s problems, and conversations should be comfortable and flow easily.

Therapists do not mind you asking questions and are happy answering your questions about the training they have taken and the educational institution where they received it.

Most of the time, this kind of information can usually be asked about over the phone in a short conversation that usually runs about ten minutes. If conversation runs smoothly and the therapist seems to be able to offer the right kind of assistance, an interview that is more a consultation will be made.

The first appointment usually requires payment, but it is not an appointment where therapy is given.

First appointments are so the therapist can gather more information about the client while they converse with the client what the problem is and what the best approach to therapy or treatment might be.

There are many different kinds of therapy that Los Angeles therapists use in order to help their clients. Some treatments have worked well over long periods of time, so they continue to be used today.

These kinds of therapies tend to be on the conservative side of the scale. Some therapies work better with some problems and in different situations. Therapists will often use more than one therapy, but it often depends on the client.

Individual therapists depend on different skills that are not part of their orientation, but rather on their own creativity. This is important when treating clients because every client is unique in their own way.

Los Angeles therapists do not do drug treatments and you will be expected to see a psychiatrist for a consultation if medication is indicated.

This does not mean that you will no longer be under the care of your chosen therapist, but rather you will see them both at different times.

There are a large number of Los Angeles therapists that can be found to help you with your problems and they can be found in employment in a number of different places.

Community mental health centers, human service agencies, both public and private hospitals, most universities and colleges and many businesses. Human service agencies usually provide short-term care until you are able to find someone else on a permanent basis.

Community mental health provides psychologists, social workers and psychiatrists that work on a full-time basis. Most of these facilities will also have therapists that work holidays and weekends.

Private therapists can be found listed in the yellow pages of the phone directory. Private Los Angeles therapists tend to be more expensive, but they also tend to have had much more experience over time.

When looking for a Los Angeles therapist, the degree they hold is not always of the greatest importance but most hold a Master?s degree from higher education at a university.

Although Los Angeles therapists may take much of the same training, many of them specialize in an area of their own choice. Therapists are there to help you with many different problems that arise in day-to-day life.

Family problems and conflicts, marriage and the family which also includes children, affairs and infidelity, sexual assault and ****** recovery, transition counseling, post-traumatic stress, eating disorders and phobias, addictions and alcohol as well as depression and mood disorders are just some of the things that people need therapy for.

Depending on what you are seeking help for, you may prefer to find a therapist that is male or female, speaks the same language that you do and has the same understanding of your ethnic background and religion.

At first this might seem a bit odd to some people, however, it is important that you are comfortable discussing your issues with your therapist. Speaking the same language you do is also a way to avoid misunderstanding.

Cultural background and religion are very important if your way of living and relationships with friends and family are built on them. Seeing a Los Angeles therapist will not solve your problems immediately.

It takes time and dedication as well as hard work for people to make changes in their lives.

Therapists are not there to give you all the answers; they are there to guide you so that you might find them within yourself.

Some therapists, when asked, will give an average amount of sessions that it may take to treat you. This number will vary between therapists. In truth, nothing will happen overnight. Each individual is unique in the way they learn and how they can look within themselves to find the answers they are looking for.

Behavior problems are generally ingrained in an individual and happen without thinking. Therapists use insight therapies to help patients understand and recognize their behavior and then develop strategies for changing it to a positive behavior.



CHARLEY

nenna asked:


I’ll be 18 soon and i was planning a trip. I would like to stay at the Renaissance Montura Hotel in Los Angeles, but I could not find the age requirement there anywhere.

EMANUEL

R. Sebastian Gibson asked:


1. You inspect the truck and give it a good review despite the accident.

 

2. You look at the little car the truck smashed and say, “bad car, bad car.”

 

3. On the way to the hospital you are mesmerized by the siren and all the devices the paramedics have.

 

4. At the hospital you wave at everyone as you parade by.

 

5. The nurse takes your pulse and you ask if you can take hers.

 

6. The doctor listens with his stethoscope and you feel certain you can hear him as well.

 

7. When the doctor checks your ears he finds the chewing gum you saved.

 

8. You get into a long winded conversation with the patient next to you about turnips.

 

9. You decide to grow a mustache when you get out if you can remember how you do it.

 

10. You liked being stuck in traffic and decide that Los Angeles is where you want to live.

 

Now here are ten useful tips of advice from a Los Angeles truck accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a truck accident in Los Angeles, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com  and learning how we can assist you.

 

Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if it’s only been a few hours since you were hurt, here’s what you should do from the start.

 

First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.

 

Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

 

Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didn’t know what you were saying at the scene. Police know that your best recollection is immediately after an accident.

 

Fourth, get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

 

Fifth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you can’t do it right away, do it after you are released from the hospital.

Sixth, if you are hurt, obtain medical treatment. Don’t decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, don’t get treatment you don’t need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.

 

Seventh, call a good Los Angeles truck accident attorney as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good Los Angeles truck accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good Los Angeles truck accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most Los Angeles truck accident lawyers advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

 

Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other driver’s insurance company, it’s good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.

 

Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Don’t agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.

 

Tenth, don’t pay a traffic ticket without a fight if you weren’t at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.

 

If you’ve had a truck accident in Los Angeles, Long Beach, Carson, Torrance, Manhattan Beach, Santa Barbara, Ventura, Oxnard, Cambria or San Luis Obispo, or anywhere in Southern California, we have the knowledge and resources to be your Los Angeles Truck Accident Lawyer and your Santa Monica Truck Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.

 

If you have a Los Angeles personal injury legal matter, a dog bite or if you’ve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com  and learn how we can assist you.



DION

State Approved Lawyer, Attorney Referral Hotline 661-310-7999. Los Angeles Lawyers, Attorneys, Law Firms asked:


Bankruptcy: Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases.

The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses.

There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk’s offices. You can find a list of California Bankruptcy courts in our articles section.

The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case.

A debtor’s involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a “341 meeting” because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property.

A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial “fresh start” from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision:

[I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.

Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This goal is accomplished through the bankruptcy discharge, which releases debtors from personal liability from specific debts and prohibits creditors from ever taking any action against the debtor to collect those debts. This publication describes the bankruptcy discharge in a question and answer format, discussing the timing of the discharge, the scope of the discharge (what debts are discharged and what debts are not discharged), objections to discharge, and revocation of the discharge. It also describes what a debtor can do if a creditor attempts to collect a discharged debt after the bankruptcy case is concluded.

Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, each of which is discussed in this publication. The cases are traditionally given the names of the chapters that describe them.

Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor’s estate, reduces them to cash, and makes distributions to creditors, subject to the debtor’s right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor’s assets. These cases are called “no-asset cases.” A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a “means test” to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor’s income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief.

Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor’s repayment plan, depending on whether it meets the Bankruptcy Code’s requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7.

Chapter 11, entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business.

Chapter 12, entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee’s disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out.

Chapter 9, entitled Adjustment of Debts of a Municipality, provides essentially for reorganization, much like a reorganization under chapter 11. Only a “municipality” may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

The purpose of Chapter 15, entitled Ancillary and Other Cross-Border Cases, is to provide an effective mechanism for dealing with cases of cross-border insolvency. This publication discusses the applicability of Chapter 15 where a debtor or its property is subject to the laws of the United States and one or more foreign countries.

In addition to the basic types of bankruptcy cases, our Bankruptcy Basics section provides an overview of the Servicemembers’ Civil Relief Act, which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors.

This publication also contains a description of liquidation proceedings under the Securities Investor Protection Act (”SIPA”). Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, it is far more likely that a failing brokerage firm will find itself involved in a SIPA proceeding. The purpose of SIPA is to return to investors securities and cash left with failed brokerages. Since being established by Congress in 1970, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer’s property is protected, up to $500,000 per customer.

The bankruptcy process is complex and relies on legal concepts like the “automatic stay,” “discharge,” “exemptions,” and “assume.” Therefore, you can find in our articles section a glossary of Bankruptcy Terminology which explains, in layman’s terms, most of the legal concepts that apply in cases filed under the Bankruptcy Code.



FORREST

Belgian Mike asked:


I try to run around the USC campus which is pretty close to the downtown. There are lots of cars passing and constructions going on. Plus Los Angeles as a whole, is notorious for smog and air pollution. But I don’t want to run indoors because I originally come from a very clean, quiet, and small town near Seattle, Washington, and I’m used to running outside.

QUINCY

State Approved Lawyer, Attorney Referral Hotline 661-310-7999. Los Angeles Lawyers, Attorneys, Law Firms asked:


itigation attorneys pursue intellectual property disputes in the United States, China, and throughout the world. They represent patent holders, trademark owners, and other businesses in lawsuits at home and abroad

Intellectual property is extremely difficult to create. On the Internet, however, theft of copyrighted material and trademark infringement is as simple as right-clicking on a picture.

Now more than ever, businesses and artists must be vigilant and protect their copyrights because it is so easy for other people to steal your creative efforts. An experienced and savvy trial lawyer can help you protect your rights.

Securing Your Intellectual Property Rights

Careful planning and protection of intellectual property assets often prevents costly litigation down the line. Your lawyer will help you take steps to properly register and protect your trademarks and copyrights with the appropriate federal or state authority.

If you have employees or hire independent contractors, you lawyer will help you make sure you have the proper work-for-hire agreements in place to ensure that you own the intellectual property created at your direction. This often arises in the context of website development and creation deals.

Finally, to obtain trade secret status, the law requires the implementation of certain business procedures and practices. Our copyright attorneys are experienced in advising businesses on implementing such procedures for the protection of trade secrets.

Protecting Your Intellectual Property Through Litigation

Our copyright attorneys represent both defendants and plaintiffs in a multitude of copyright and trademark infringement cases across the United States, including.

Entertainment law. Our members represent screenwriters, musicians and music publishing companies in copyright infringement cases. I represent entertainment companies in high-stakes copyright royalty cases involving both music and television rights. Software development. Our members have gained a particular niche by representing companies and individuals in various trade secret and infringement cases relating to proprietary software and the ownership of such software. Copyright Infringement. Our members have represented both plaintiffs and defendants in cutting-edge copyright infringement cases involving sales of pirated goods on the Internet and ownership of proprietary computer source code. In addition, they  have significant experience in traditional forms of infringement relating to film, music, television and literature. Finally, our members have served as a trial lawyers in a number of cases relating to products and goods originating overseas. Trademark Infringement. Trademark law is extremely complex and technical. Our members have served as trial attorney in a number of trademark infringement suits relating to domain names and counterfeit goods illegally imported and sold in the United States.

FERDINAND

presidentrichardnixon asked:


On the top of some buildings in Los Angeles, there are helicopter landing pads that have numbers in a circle, often a 10 or 12. What does this mean? I’m guessing it has something to do with the maximum weight. Can anyone give a source that describes this in detail?

MITCHELL

lastglacier asked:


In the morning in the Los Angeles area there is often fog in the hills the freeways were passed through. 30-50 miles inland there is still fog between the hills, and morning accidents and fog often close major freeways throughout the region. In the evening, the back ups are two-three hours standard for all but the shortest commutes. Why should other places adopt/accept this type of situation with or without the geographic problems. I myself don’t have an extra 4 hours each day, not to mention non-commute travel.

DARREL

State Approved Lawyer, Attorney Referral Hotline 661-310-7999. Los Angeles Lawyers, Attorneys, Law Firms asked:


Having a Bankruptcy is one of the most devastating things that you can experience. You may ask after I have this Bankruptcy will I be able to raise my credit score. There are things that you can do after you have a Bankruptcy that can help your credit score and financial situation. You need to get a copy of your credit report so that you know exactly what your credit score is. Next you want to look through the report to see if you have any items that should not be on your report.

When you are trying to get rid of negative items on your credit report you need to dispute all those items because it is up to the credit agency to verify if the item in question is accurate or not. If they can not verify it within a 30 day period then they must delete it. Remember that you have the advantage when it comes to your credit score and improving it.

Also it is very important that with any credit cards that you currently have pay them on time and do not be late. this will help improve your credit score very quickly. The benefits of paying your bills on time are that you will have a lower interest rate as well as higher credit score.

You also want to make sure that your credit cards are not maxed out and you make an effort to pay down the balances on your credit cards. The higher the balances the lower your credit score will be.

Remember that even if you have had a Bankruptcy you still can overcome it and raise your credit score if you follow the steps necessary to do so.

To find a Pre-Screened Lawyer in your area, please call our 24Hr Unbiased Lawyer Referral Hotline at 661-310-7999.



TYLER

State Approved Lawyer, Attorney Referral Hotline 661-310-7999. Los Angeles Lawyers, Attorneys, Law Firms asked:


***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting 1000Attorneys.com ***

San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.

Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.

Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.

Rule 1-400 from the California Bar Association clearly states:

(A) For purposes of this rule, “communication” 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:

(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.

(B) For purposes of this rule, a “solicitation” means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is:

(a) delivered in person or by telephone, or

(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.

 

(C) 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’s or law firm’s professional duties is not prohibited.

(D) A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(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

(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

(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or

(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

(6) State that a member is a “certified specialist” 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.

(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. “presumption affecting the burden of proof” means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.

(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.

[Publisher's Note: Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]

Standards:

Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of “communication” defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:

(1) A “communication” which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A “communication” which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as “this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.”

(3) A “communication” 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.

(4) A “communication” 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.

(5) A “communication,” except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word “Advertisement,” “Newsletter” 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 “Advertisement,” “Newsletter” or words of similar import on the outside thereof.

(6) A “communication” 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.

(7) A “communication” 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 Business and professions Code sections 6160-6172 unless such relationship in fact exists.

(8) A “communication” which states or implies that a member or law firm is “of counsel” 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 Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

(9) A “communication” 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.

(10) A “communication” 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.

(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)

(12) A “communication,” except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.

(13) A “communication” which contains a dramatization unless such communication contains a disclaimer which states “this is a dramatization” or words of similar import.

(14) A “communication” which states or implies “no fee without recovery” unless such communication also expressly discloses whether or not the client will be liable for costs.

(15) A “communication” which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

(16) An unsolicited “communication” transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or “yellow pages” section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.

(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) - (16) added by the Board of Governors, effective May 11, 1994. Standard (11) repealed June 1, 1997)

 

 



BRYAN