Client’s Request for Arbitration of A Fee Dispute
What's a holographic will? It's a will that's entirely handwritten, signed, and dated by the testator (the testator is the one who makes or has made a will or the one who dies leaving a will). There can be no typewritten or pre-printed portions. Such wills are valid in California as long as they meet the requirements listed in California Probate Code Section 6111. Holographic wills must include a complete distribution of assets. Sound simple? Here are some pitfalls:
Need a lawyer to help prepare for the "unknowns" in life? Contact the Santa Barbara County Bar Association.
Call a local State Bar-certified Lawyer Referral Service.
You can receive a recommendation from a reliable source by seeking a referral from a Lawyer Referral Service. You can call a referral service and explain your matter, after which the referral staff will determine the most appropriate resource or match you with a lawyer who is experienced in the appropriate area of law that you need. This method of finding a lawyer has the advantage of obtaining someone who has experience in the field that relates to your case. The other advantage of calling a lawyer referral service is that it can be determined if you do in fact have a legal issue which requires a lawyer or if you need some other type of assistance.
To find a lawyer in Santa Barbara County, contact the Santa Barbara Lawyer Referral Service at (805) 569-9400, a non-profit service of the Santa Barbara County Bar Association.
Find Free Legal Aid and Assistance:
If you do have a case that requires a lawyer, but you cannot afford one, the next option is to contact your local legal aid office. These types of organizations can provide you with free or pro bono legal assistance if you are of low-income. They provide assistance if you qualify in particular areas of law.
To find the free legal aid near you, contact your local county bar association or referral service.
You may also want to contact the California Rural Legal Assistance in Santa Barbara or Santa Maria. This organization is a civil public interest law firm that helps the poor in the areas of health, housing, education, government benefits, employment and individual rights. CRLA offers a variety of services and programs to low-income communities in California.
Contact the California Rural Legal Assistance in Santa Barbara at 805-963-5982 or in Santa Maria at 805-922-4563
If you are seeking a divorce, you may not know where to start, or you may feel overwhelmed by the process. A great way to start is to visit the California Courts’s website which can provide you with the forms you need.
While do-it-yourself divorces may be acceptable in some situations, most people should consider hiring an attorney to represent their interests. There are many forms to fill out and the process can be very overwhelming. If your situation has issues or problems making the divorce hard to cope with, hiring an attorney is the best option.
Besides dealing with complicated issues, there are other reasons why hiring an attorney might be best. They can give you expert advice on dealing with your divorce as well as make for a clear and binding agreement between you and your spouse.
Some frequent issues to consider in a divorce matter include:
Property Division: Does the house have to be sold? How will the proceeds be divided? Who will live there temporarily or permanently? Who will need to pay the mortgage?
This division applies to other real property investments such as rental properties, vacation homes as well as other assets such as pension/retirement accounts, jewelry, boats, furniture, and debts including loans and credit cards.
Custody: Who will have physical, legal, sole or joint custody of minor children? Who will have the ultimate decision-making control on major issues? Are there issues in which there can be mutual agreement?
The four main types of custody are as follows:
Legal: Major decisions regarding medical, educational and religious issues fall under legal custody. Examples include school choice, location of residence medical treatments, religious beliefs and church attendance. Parents with legal custody may have sole or joint legal custody.
Physical: Physical custody refers to where the child lives. This type of custody has more to do with where the child technically spends his or her time and takes residence, as opposed to which parent makes legal decisions on the child's behalf. Parents with physical custody may also have sole or joint physical custody.
Sole: One parent is responsible for making all decisions regarding the child without needing input from the other parent. Parents can either have sole legal custody, sole physical custody or both in this case.
Joint:This type of custody is granted equally to both spouses. It can take the form of joint legal custody, joint physical custody or both. Both parents have the authority to make major decisions regarding their child. Children in a joint physical custody arrangement have two residences and spend an equal amount of time with each parent. In some situations, the time spend with each parent will vary.
Visitation /Parenting Plan: How will visitation by the non-custodial parent be carried out? What about during the weekdays, weekends, school years, summer vacations, holidays, and birthdays? How can the parenting time be shared so each parent has time with the child?
Are you seeking a qualified family law attorney? Call the Santa Barbara County Bar Association’s Lawyer Referral Service to find the right lawyer to help. (805) 565-9400
10 Stress-Coping Techniques for Lawyers:
1. Adequate rest: Many of us practice sleep deprivation even though sleep is vital for the restoration of the body and mind. Lack of sleep promotes irritability and reduced cognitive function. Do you get 7-8 hours of sleep at night? Do you take naps? Both are necessary in order to feel refreshed , and of course, as we age, a nap during the day may be of benefit, even if it means slightly fewer billable minutes.
2. Exercise consistently: Research indicates a positive association between exercise and the improvement of symptoms of depression and anxiety. Exercise promotes self-esteem and contributes to better overall health, both of which foster resiliency and peace of mind in the face of stressful events.
3. Social support: Friends, family, colleagues and intimate partners can be an important source of support; a necessary coping resource. They can help us view a situation differently, determine alternatives, solve problems, lend tangible assistance and provide emotional support. Social support has even been demonstrated to reduce the body’s physiological response to stressful events.
4. Get involved: Activities can be a necessary distraction from day-to-day hassles, as well as serious stressful events. When was the last time you read a book? Trivial reads or activity are good distractions. By occasionally getting lost in these activities or diversions, we remind ourselves that there is more to life than work.
5. Vacations: Vacations or occasional days off recharge our batteries and avoid burnout. Take personal responsibility for taking the vacation time you are entitled to and leave the cell phone and laptop at home. If possible, plan vacations well in advance and schedule work around them.
6. Gain control: Where possible, take steps to gain a tangible sense of control over your environment. However, keep in mind that despite our best efforts, certain events will be remain beyond our control. Focus only on those aspects of the situation that you can reasonably expect to influence. Remember, you can control your own thoughts and direct your perception of events and situations.
7. Use problem-focused coping strategies: Use problem-focused coping (e.g., talk openly about a problem, politely but firmly confronting a problem client, make a “to-do” list and check off items) as opposed to allowing emotions to run wild (blaming others or yourself, ruminating about the problem without doing anything).
8. Practice flexibility: Look at the big picture, beyond your initial impression of a stressful event. Reframe it in another light—is there an upside you’ve overlooked? (e.g. “we lost the demanding client, but that’s one less headache to deal with”). Try alternative strategies. Flexibility will enable you to meet the shifting demands of your environment.
9. Manage workload: Remember you don’t have to do everything yourself. Hire competent people and give them plenty of responsibility. Schedule projects, when possible, to avoid working extended hours. And remember, there's a time and place for small talk.
10. Create short-term goals: To stay motivated, set a series of small goals, in addition to a few larger, long-term aspirations. The completion of each small task promotes a sense of accomplishment, diminishes worries about workload and will inspire you to pursue further objectives.
The Santa Barbara County Bar Association office
can be reached at:
Office: (805) 569-5511
Fax: (805) 569-2888
Marietta Jablonka, Executive Director
sblawdirector@gmail.com
You can contact us via email using the form below:
The Santa Barbara County Bar Association encourages Isla Vista (IV) students and visitors to stay safe over the Halloween weekend. For over three decades, IV, home to the University of CA, Santa Barbara and neighbor to the renowned Santa Barbara City College, has been known for its Halloween festivities. The party fills the streets as thousands of Halloween celebrators descend into Isla Vista.
Here’s what else you should know — arrests spike significantly during this celebration. As do the calls by worried parents to the Santa Barbara County Bar Association’s Lawyer Referral Service.
When enjoying Halloween this year, be smart! A sudden arrest, sick friend or missing car can bring your party to an abrupt halt. Here are a few tips to keep you safe and sane this Halloween:
· Don’t wear a costume that includes anything that could be confused with a real weapon. Don’t wear anything that could be taken as impersonating a police officer, and don’t wear anything too risqué. Remember, the goal of your costume isn’t to make it scary-short or scary-revealing… just scary!
· Be sure to follow all parking restrictions, and read the signs. During busy weekends like Halloween, parking rules may change. Be sure to lock your car doors and don’t leave anything valuable inside.
· If of legal drinking age, don’t leave your drink unattended, and never accept a drink from someone you don’t know.
· Don’t walk alone at night; travel in a group at all times and never travel with someone you don’t know.
· Don’t get drunk. The point is to have fun, not be the drunkest one at the party. Plus your friends want to have fun too, not be your babysitter.
· If you find yourself at a party where you don’t know a lot of people or the crowd seems sketchy, grab your friends and get out.
· Shy away from unlit areas and narrow streets.
"Ex parte" is Latin and means, "on one side only; by or for one party." An ex parte communication occurs when one party to a case, or someone involved with a party, communicates (either verbally or via written means) directly with the judge about issues in the case without the other party's knowledge. Judges may not permit or consider "ex parte" communications unless expressly allowed by law. The rule banning such communications ensures the fairness of the court process. All parties will have the same information as the judge who will be deciding the case.
"Party" refers to any person or organization who sues or is sued. If a party wishes to communicate with the judge or ask the judge to take a certain action in the case, the party may file a written motion with the clerk of the court where the case was filed explaining what relief is being sought and why the party is entitled to such relief. If a motion is filed, a copy must be sent to the other party to the case before being sent to the court.
Certain ex parte communications to a judge or court personnel are allowed by law. For example, judges may hear ex parte emergency requests for temporary restraining orders.
Examples of improper ex parte communications:
– A defendant's change of venue motion in a criminal trial; and
– Seeking a restraining order that affects freedom of speech.
This guide is intended to provide information. It is not legal advice. If you have questions about this information or your rights under the law, please seek the advice and counsel of an attorney.
Check out these tips for ways you can make your office more earth-friendly!
Education
1. Foster employee awareness of your environmental initiatives by developing an environment section of your employee handbook and providing training on your environmental initiatives as part of your firm’s employee orientation.
2. Send out monthly eco-tips to encourage participation in your firm or company’s environmental initiatives and provide incentives to recognize exceptional performance and creativity from employees.
3. Set up and label a Conservation Center in a high-traffic area of your office to educate staff about environmentally friendly practices. The center can be a bulletin board, bookshelf or poster and can include one or more of the following:
Energy Conservation
1. Make sustainability a true part of your business practices by adopting change from the inside out.
1.2 Reduce the amount of electricity consumed by computers in your office. For example, computers left on after hours result in 14.4 million tons of carbon dioxide emissions.
2. Reduce the amount of electricity used in your office by cutting down on light usage.
3. Stop using a screen saver.
4. Consider laptops: Consider buying laptops instead of desktops, as they generally use less energy and are more efficiently made.
5. Consider office sharing: If you have a number of employees that don’t use the office regularly, consider assigning offices based on a schedule. You’ll save on utilities, equipment, furniture and more.
6. Keep air vents clear of paper, files and office supplies. It takes as much as 25 percent more energy to pump air into the workspace if the vents are blocked.
Environmentally Conscious Purchases
1. Save trees and reduce your carbon footprint by switching to 100% post-consumer recycled content paper for photo-copying and professional print jobs. The myth that recycled content paper is of worse quality or will get stuck in copiers and printers is just that – recycled content paper performs just as well and comes with the added benefit of being able to promote your “green” choice to customers and clients.
2. To cut down on trash and packaging, buy your kitchen supplies – like sugar, creamer, and coffee – in bulk rather than in single-serving containers.
3. Consider energy-efficient equipment when replacing appliances and computers in your office and home.
4. Think about the impact of all the products you buy for the office, even those seemingly as innocent as hand soap. When purchasing dishwashing liquid, hand soap and automatic dishwashing detergent for use in office kitchens and bathrooms, choose those free of toxic substances including phosphates, triclosan, chlorine and/or other antibacterial ingredients.
5. To help your office implement the many tips we've offered over the past several weeks, view a comprehensive list of Green Resources. The resources list where you can purchase green office products, includes:
6. When considering what paper to purchase and use at the office, consider more than just if the paper is recycled.
7. When replacing office supplies that are broken or otherwise useless, consider choosing environmentally friendly options.
Sustainable Practices
1. Recycle your old computers or donate them to a local non-profit organization. Most major computer manufacturers offer recycling programs that make it easy to recycle or donate your old computers.
2. Buy reusable coffee mugs for your employees or yourself and use them when you get your caffeine fix for refills in your office or the local coffee shop.
3. Reduce the use of toxic products in the workplace.
4. Cut down on waste and disposables in your office and work toward recycling items you are no longer using:
5. Conserve water use in the office.
6. Save ink by altering your printing habits:
