Archive for category: Uncategorized

Expungement- What is it?

June 8, 2015/0 Comments/in Uncategorized /by Admin

For those interested in clearing up their criminal record, one of the most popular ways is through expungement. A successful expungement can effectively erase the guilty verdict. In California, expungement can only be used in cases where the verdict was a misdemeanor, or a felony that could have been a misdemeanor. However, there are some cases, such as sexual assault on a minor or a major vehicle code violation, that cannot be expunged.

To file for expungement basically requests the court to reopen the case, take back the plea or guilty verdict, annul any charges, and then close the case again without a conviction. The case will remain on record, but the verdict will be changed from a plea or conviction to a dismissal in the “interests of Justice” (IOJ).

If you are interested in an expungement and believe you meet the requirements, or have further questions, call in today at 805.569.9400

The DREAM Act Clarified

June 3, 2015/0 Comments/in Uncategorized /by Admin

Since December 2010, the DREAM (Development, Relief and Education for Alien Minors) Act has served to provide temporary and potentially permanent legal status to immigrant children, as well as allow them to pay in-state tuition at state colleges and universities. To qualify for these benefits, a minor must:

· Have entered the US before ages 15 or 16

· Have lived in the US for five years or more

· NOT have been convicted of a serious crime

Meeting these requirements allows a minor to obtain conditional residency. After that, they must spend two years in college or the military. Meeting all of these requirements allows the minor to achieve permanent resident status and apply for federal student loans and work-study programs. They are ineligible for Federal grants such as the Pell Grant.

Need a lawyer to help you with DREAM? Contact the Santa Barbara County Bar Association

Client’s Request for Arbitration of A Fee Dispute

February 25, 2015/in Uncategorized /by Admin

Client’s Request for Arbitration of A Fee Dispute

Holographic Wills in California

October 1, 2014/0 Comments/in Uncategorized /by Admin

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:

Available tax credits may be overlooked by the testator;
The will may be incomplete or have an incorrect disposition of assets. Assets not included in the will may be distributed according to state law;
The testator must have testamentary capacity when writing the will;
The will may be ambiguous. Although the intended meaning may have been clear to the testator, those reading the will may be confused as to its meaning and the testator's intentions.

Need a lawyer to help prepare for the "unknowns" in life? Contact the Santa Barbara County Bar Association.

“Informed Voters – Fair Judges” Project

July 24, 2014/0 Comments/in Uncategorized /by Admin

Fair and impartial courts are critical to our democracy, and to ensuring equal justice for all. As special interest groups attempt to impose their influence on the courts, it is critical that our nation’s voters are better informed about the importance of an independent judiciary. The National Association of Women Judges (NAWJ) has developed the “Informed Voters – Fair Judges” project to increase public awareness about the judicial system and to provide voters with the tools needed to make informed choices when voting on issues concerning our court system. The NAWJ public service announcement may be viewed here: http://youtu.be/aTeFLkueTkQ.

How to Find the Right Lawyer or Legal Help

May 16, 2014/0 Comments/in Uncategorized /by Admin

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

Divorce Overview

April 2, 2014/0 Comments/in Uncategorized /by Admin

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

Stress Relief for Lawyers

December 24, 2013/0 Comments/in Uncategorized /by Admin

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.

Contact SBCBA

November 7, 2013/in Uncategorized /by Admin

View Larger Map

The Santa Barbara County Bar Association office
can be reached at:

Office: (805) 569-5511
Fax: (805) 569-2888

Marietta Jablonka, Executive Director
sblawdirector@sblaw.org

You can contact us via email using the form below:

Halloween Safety Tips From The Santa Barbara County Bar Association

October 30, 2013/0 Comments/in Uncategorized /by Admin

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.

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