Aaron Shechet

Rule 1.0 of the California Rules of Professional Conduct: Purpose and Function of the Rules

I am going to cover the entirety of the California Rules of Professional Conduct. From start to finish!

This video covers “Rule 1.0: Purpose and Function of the Rules of Professional Conduct” Don’t forget to subscribe to my channel!

Here is the language of Rule 1.0:

(a) Purpose. The following rules are intended to regulate professional conduct of lawyers through discipline. They have been adopted by the Board of Trustees of the State Bar of California and approved by the Supreme Court of California pursuant to Business and Professions Code sections 6076 and 6077 to protect the public, the courts, and the legal profession; protect the integrity of the legal system; and promote the administration of justice and confidence in the legal profession. These rules together with any standards adopted by the Board of Trustees pursuant to these rules shall be binding upon all lawyers.

(b) Function. (1) A willful violation of any of these rules is a basis for discipline. (2) The prohibition of certain conduct in these rules is not exclusive. Lawyers are also bound by applicable law including the State Bar Act (Bus. & Prof. Code, § 6000 et seq.) and opinions of California courts. (3) A violation of a rule does not itself give rise to a cause of action for damages caused by failure to comply with the rule. Nothing in these rules or the Comments to the rules is intended to enlarge or to restrict the law regarding the liability of lawyers to others.

(c) Purpose of Comments. The comments are not a basis for imposing discipline but are intended only to provide guidance for interpreting and practicing in compliance with the rules.

(d) These rules may be cited and referred to as the “California Rules of Professional Conduct.

Read more

Legalese Challenge #1: Like playing ping-pong without a net

To celebrate reaching 100 subscribers, I am holding my first contest. With a prize and everything!

Summary Rules:

1) Use the challenge phrase “like playing ping-pong without a net” in an email to opposing counsel (you must be an active lawyer to participate).

2) Describe the usage in a post in the comments section to this video or an email to me. You can email me at contest@shechet.com or any email of mine.

3) Don’t post or share anything privileged or confidential!

4) The deadline to enter is January 3, 2021.

5) The prize is the book “Win Your Case: How to Present, Persuade, and Prevail – Every Place, Every Time” by Gerry Spence. I will order it on Amazon, so you will have to (privately) give me your address if you win.

6) I am not liable for anything and neither is YouTube.

7) This contest is not sponsored by anyone. All entries are governed by the Official Rules: http://shechet.com/legalese-challenge…

Leave better voicemails!

Too many voicemails do a poor job of conveying the most important information: a call-back number. Leaving a better voicemail means you are more likely to have your call returned. Or at least, getting off on the right foot! Don’t leave your phone number only once at the end of a long message. Leave it once at the beginning and then twice at the end. This gives the listener enough time to write it down!

How to pronounce and use the word “demurrer.” Stop messing this up!

I keep hearing lawyers mispronounce the word “demurrer.” Some even write “demure” instead of “demur” or “demurer” instead of “demurrer.”

A “demurrer” is a type of objection. It is pronounced /dəˈmərər/. You can “demur” /dəˈmər/ to a pleading.

On the other hand, “demure” is pronounced /dəˈmyo͝or/ and means to be reserved or shy. “Demurer” is not a word (one cannot be more demurer than someone else). Please stop getting it wrong!

Legalese Challenge 1 Official Rules

Official Rules: No purchase or signing up as a free subscriber is necessary to win. This contest is open only to those who email me or post in the comment section of this video.  You may email me at contest@shechet.com or any other email address that is mine.  I am not responsible for emails that go to my spam or that I do not receive.  You must be at least 21 years old and maintain a valid law license to enter.  Employees of mine and my affiliates, subsidiaries, and immediate family members and/or those living in the same household of those are not eligible to participate in the contest. The contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. By participating, the you agree to be fully and unconditionally bound by these rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept my decision as final and binding as it relates to the content of this contest. Only entries received before January 3, 2021 midnight Pacific Time will qualify, but any entries received after October 1, 2020 qualify. You may enter up to five times, each entry must be unique. You must provide the information requested. The Winner will receive a new paperback copy of “Win Your Case: How to Present, Persuade, and Prevail – Every Place, Every Time.”  Approximate retail value $13.   Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by me. No cash or other prize substitution shall be permitted except at my discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. The prize will be ordered through Amazon.com and is subject to availability. The odds of winning depend on the number of eligible entries received. Winner will be selected solely in my discretion based on the usage of the challenge phrase.  Winner will be notified shortly after I decide the Winner.  Winner MUST provide a valid mailing address (privately) upon being notified of winning.  I shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 14 from the time award notification was sent, or fails to timely return a completed and executed declaration and release if requested, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. By entering this contest you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights or the Rules of Professional Conduct or other ethics rules in your jurisdiction. If your entry violates any of those you will be disqualified at my sole discretion If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, or the confidentiality or privilege of a third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold me harmless from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which you may incur, suffer, or be required to pay arising out of such infringement or suspected infringement or violation of any Rules of Professional Conduct or other ethics rule or any third party’s right. I reserve the right, in my sole discretion, to cancel, terminate, modify or suspend the contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond my control corrupt or affect the administration, security, fairness, or proper conduct of the contest. In such case, I may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by me.  I reserve the right, in my sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the contest or website or violates these Terms & Conditions. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest may be a violation of criminal and civil laws. Should such an attempt be made, I reserve the right to seek damages to the fullest extent permitted by law. By entering, You agree to release and hold harmless me and my subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors, and separately Youtube, from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the contest and/or their acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries. This contest is governed by the laws of California without respect to conflict of law doctrines.  As a condition of participating in this contest, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles, California. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses.  Participant further waives all rights to have damages multiplied or increased. This contest has no sponsor and is purely created and paid for by me. Any private information provided to me privately will not be shared or used in any way by me, except that I will use your address to ship you the prize from Amazon.  Any information you post in the comments section is public. This contest is in no way sponsored, endorsed, administered by, or associated with Youtube (or any other social media where it may appear, including but not limited to, Facebook and Linkedin).  All entries must comply with Youtube’s Community Guidelines, which may be found here: https://www.youtube.com/howyoutubeworks/policies/community-guidelines/

Any entries that don’t comply with Youtube’s Community Guidelines will be disqualified. By entering, you agree to release Youtube from any and all liability related to this contest, as indicated in the Limitation of Liability provision above.