Not To Be Published (05/21/24)

Tip Summary:?

-- A Day Without a Court Reporter, published in California Litigation, May 2024.

-- New Cal.App.Law .Pod episode?w/?How to Avoid Fee Disputes, with Carl Mueller.

Dear Colleagues:

Each week, I look for cases presenting a likelihood to shock, surprise, puzzle, inform, anger, or elate. The summaries are mine, the reactions are yours. If you would like to share your reactions, or provide a tip, email me at [email protected] .

And I am always happy to talk about these kinds of issues in your cases.

Tim Kowal

A Day Without a Court Reporter, published in California Litigation, May 2024

“Don’t forget to get a court reporter.” This stock advice of the appellate attorney used to leave my probate and family law colleagues unfazed: “Court reporters are already provided for us,” they’d say. But now that the court-reporter crisis has reached an acute stage, they don’t say it anymore.

California Litigation has my article, “A Day Without a Court Reporter.” In it, I explain the extent of the crisis—at present: bad; near-future: getting worse; long-term: no relief in sight. Then I explain why—despite vigorous and successful lobbying, the court reporter profession is dying.

Then I provide a parade of horribles that a future without reliable access to an appellate record holds for us, including a two-tiered justice system, weakened Sixth Amendment rights, a weakened right to a public trial, and a curtailed right to appeal.

Then I pitch two ways that may provide some relief:

1. Arbitrators should encourage litigants to use electronic recordings—and to leave the limited supply of court reporters available for the Superior Courts.
2. Second, even though courts may not make or use electronic recordings, litigants can—if only the Superior Courts would relax their local rules prohibiting them.

In the meantime, I dispense the same advice as always — “Don’t forget to get a court reporter” — but now with the further admonition: “and well in advance.” This is a summary. Read the full article at the?KowalLawGroup.com ?blog here . Get “Not To Be Published,” a weekly digest of these articles, delivered to your inbox by subscribing here:?https://kowallawgroup.com/not-to-be-published/ .

How to Avoid Fee Disputes, with Carl Mueller

Every attorney has felt the concern over a growing receivable, and the frustration of a nonpaying client. Carl Mueller litigates these billing disputes and explains what attorneys should know to avoid them and to win them:

• All the billing disputes are basically the same, so…
• Spot the “red flags.” (You know what they are.)
• If you do get into a dispute, know the 2021 Pech v. Morgan case—and get an expert. We discuss.
• Haven’t brushed up on Business and Professions Code sections 6146, 6147, and 6148 in a while? Read them. Do them. An ounce of prevention is worth a pound of cure.

In the next episode, we will cover Carl’s top 10 tips for avoiding a fee dispute.

Listen to the podcast here .

Video clips from the podcast are available here .

You can also subscribe to the California Appellate Law Podcast on your favorite podcast player.

_______________________

I am always happy to talk with you about these kinds of issues in your cases.

-Tim

Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal . He co-hosts the Cal. Appellate Law Podcast at www.CALPodcast.com , and posts regular updates of appellate news and tips for trial attorneys at KowalLawGroup.com . Contact Tim at [email protected] or (949) 676-9989.

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