California Drunk Driving Law Excerpts

California Drunk Driving Punishment Charts
Explaining drunk driving punishment to your client. By Paul Burglin and Barry Simons

Informal Request for Discovery from Prosecution
California DUI lawyers can easily adapt this list of 27 items. By Paul Burglin and Barry Simons

Motions to Exclude Chemical Test
Refusal and denial of choice of tests. By Paul Burglin and Barry Simons

Tipsters and California’s Public Safety Exception
Evaluating the constitutionality of a drunk driving tip to the police, with checklist. By Paul Burglin & Barry Simons

Employment Law

Defending Plaintiff’s Deposition
Intimidation, inaccurate summary of testimony, inappropriate questions, and error correction. By Andrew H. Friedman

NEW Deposing the HR Manager in RIF Cases
Training, policies, statistical analysis, redeployment, advertisements. By Tod F. Schleier

Deposing the Supervisor/Harasser
Questions for learning about employee handbook, harassment training, relationship with plaintiff, job criticisms, and human resources investigation. By Elizabeth Hubbard

Document Requests
Model lists. By Andrew H. Friedman

NEW Document Requests in Sexual Harassment
Learn about prior complaints, disciplinary action, policies, investigations, and more. By Elizabeth Hubbard

Fee Arrangements, with Clauses
Pattern language and use notes for 13 fee clauses. By Andrew H. Friedman

Shaping the Unripe Employment Case
Complaint letter, employee notes, witness creation, “perfect” employee, mental health care help. By Andrew H. Friedman

NEW Supervisor Deposition Questions for Harassment, Retaliation, and ADA
Defenses, admissions, credibility, pretext, and more. By Tod F. Schleier

Estate Planning and Asset Protection

Advantages and Disadvantages of QTIP Trusts
Determination of incompetency, withdrawal procedures after incompetency, selecting the assets, and forms. By N. Dean Hawkins

Client Intake, with Retainer Agreement
Questions to answer, documents to obtain, and important points to make. By Alan R. Eber

Drafting for Incapacity, with 4 Clauses
Determination of incompetency, withdrawal procedures after incompetency, selecting the assets, and forms. By N. Dean Hawkins

Family Limited Partnerships
Advantages, structuring, funding, effect of a charging order. By Alan R. Eber

Intentionally Defective Grantor Trust, with Provision
Structure, how it works, benefits, considerations, and implementing language. By Alan R. Eber

International Asset Protection Trust
The Low Profiler, with requirements, drafting instructions, and implementing language. By Alan R. Eber

IRS Reporting and International Asset Protection Trusts
This “Low Profiler” trust has the benefits of being foreign without the IRS reporting requirements.
By Alan R. Eber

Protecting Beneficiaries with Spendthrift Clauses
Usage and establishment clause. By N. Dean Hawkins

Risks and Abuses with Foreign Trusts
Foreign grantor trust, international business corporation, credit and debit cards. By Alan R. Eber

Shifting Trusts and Disclaimers, with Four Sample Clauses
A shifting trust provides ease of understanding and asset protection. By Alan R. Eber

Family

NEW Saving Income Taxes
How to make additional funds available to both parties in a divorce. By Melvyn B. Frumkes

Uncovering Hidden Assets
Likelihood, perpetrator, timing, formula, economic reality. By Nicholas L. Bourdeau

Understated Business Income
Tax returns, interviewing, other sources, variance analysis, internal control, credit cards, materiality. By Nicholas L. Bourdeau

Personal Injury

NEW 3 Motions in Limine to Exclude Junk Accident Reconstruction Science
With points and authorities. By Steven R. Young and Michael R. Melton

Calculating Case Value
A simplified formula, unavailable elsewhere, for making rapid calculations in the courtroom. By Gerald D. Martin

Cross-Examining the Defense Orthopedic Surgeon
Strategy, outline, and pattern examinations. By Kim Patrick Hart

Dealing with Adjusters
Failure to give pain scales, exaggerating, too much or wrong type of pain claimed, should be pain-free by now. By Michael J. Morse

Debunking Claims of Exaggeration and Malingering
by Dorothy Clay Sims

Deposing and Examining the Economist
Strategy, pretrial preparation, and examination checklist. By Gerald D. Martin

Deposing the DME About Pain
Countering defense claims of exaggerated pain. By Dorothy Clay Sims

Deposing the DME in Spine Injuries
Overcoming typical defenses to disc herniations. By Dorothy Clay Sims

Deposing the Store Manager in Slip and Fall Case
Inspection practices, condition of the store, marketing displays, subsequent remedial measures, defenses, and other incidents. By T. Evan Schaeffer

Overcoming 4 Typical Defenses to Pain
Failure to give pain scales, exaggerating, too much or wrong type of pain claimed, should be pain-free by now. By Dorothy Clay Sims

Social Security Disability

NEW Alternate Sitting and Standing Questions for the VE
Light vs. sedentary jobs, walking requirements, bench height, and work station time. By Thomas E. Bush

Attacking the Vocational Expert’s Testimony on the Number of Jobs
Social security lawyers should ask for specific page and edition citations, and get copies of the resources used by the VE into the record. By David F. Traver

Attorney’s Fees
The fee agreement process for approval of attorney fees. By Thomas E. Bush

Classifying a Claimant’s Previous Work Experience as Past Relevant Work
Substantial gainful activity, duration, and recency are the three criteria to examine. By David F. Traver

Cross-Examination on U.S. Publishing Data

Disability lawyers can attack the method of compilation. By David Traver

Cross-Examination of Vocational Expert on Census Data
Dictionary of Occupation Titles (DOT) is not referenced by U.S. Census codes. By David F. Traver

Dealing with Drug Addiction or Alcoholism in Social Security Disability Claims

How SSA applies the drug addiction and alcoholism rules to the sequential evaluation process, with chart. By Thomas E. Bush

Framework of the Medical-Vocational Guidelines
How disability advocates can reduce the occupational base. By David F. Traver

Hearing Questions on Physical Residual Functional Capacity
Sitting, standing, walking, lifting, manipulating, traveling, good/bad days, etc. By Thomas E. Bush

Information Required to Perform a Step-Four Analysis
Chart for analyzing claimant's previous work. By David Traver

NEW Initial Hearing Questions for Claimant
Vocational training, work experience, medical history, and current treatment. By Thomas E. Bush

Maximum Residual Functional Capacity Possible for Disability Finding
Medical-Vocational Guidelines chart with age, education, and work experience combinations. By Thomas E. Bush

NEW Protect Attorney’s Fees From Being Taken to Pay Client’s Debts
Payee for EAJA fees, with protective client agreement. By Sarah H. Bohr

Pushing Back the Date the Claimant Became Disabled

Was the last job an unsuccessful work attempt or not substantial gainful activity? By Thomas E. Bush

NEW Residual Functional Capacity in Musculoskeletal Impairments
Osteoarthritis, knee surgery, manipulatory ability, and errors in range of motion. Includes medical opinion form. By Dr. David A. Morton

Sequential Evaluation Process
SGA, severe impairment, listing of impairments, residual functional capacity, significant numbers. By Thomas E. Bush

Social Security Disability: Who is Eligible?
Examples of who is disabled under social security law, and advice on dealing with SSA. By Thomas E. Bush

Social Security Disability Benefits: Answers to Common Questions
Information for prospective claimants, and disability telephone intake form. By Thomas E. Bush

Transferability of Skills: Principles and Cross Examination
Low residual functional capacity makes it difficult to find transferability. By David F. Traver

Using the Occupational Outlook Handbook in your Cross Examination
SSA regulations create an opportunity for social security attorneys. By David F. Traver