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Representation May End Upon Filing of Motion to Withdraw… but not always

By Heiting & Irwin |

When does representation of a client end? Does it end with your client being dismissed from the lawsuit? Does it end when your client receives their settlement check or when you receive your last check for fees? What about for purposes of malpractice? The statute of limitations for legal malpractice is set out in… Read More »

Time Limits To Make A Claim Can Be Critical

By Heiting & Irwin |

If a person has been injured (or killed) due to the negligence of another, there are strict time limits that must be met in order to perfect or pursue a claim. Many people think that they will wait to see how things develop and stabilize before doing anything. This can be a serious mistake…. Read More »

The Significance of Being Paid “Under the Table” in Personal Injury Cases

By Heiting & Irwin |

One of the elements of damages in a personal injury or wrongful death case is loss of earnings or loss of earning capacity. This is usually proved by a history of earnings, and education and training that would give a jury reasonable basis on which to analyze and project loss of earnings. When somebody… Read More »

We Need More Judges

By Heiting & Irwin |

  The California Judicial Council, the body that oversees the courts in our state, reported in October, 2016, that San Bernardino County was 48 judges short of their studied need. Riverside County was just behind at about 47. That means that, between the two counties, we are approximately 95 judges short of what we… Read More »

Ruminations of an Injury Attorney – Part 2

By Heiting & Irwin |

The Shoulda, Woulda, Coulda of Auto Insurance Coverage As discussed in Part 1, I am a frequent witness to the displeasure and disappointment of our personal injury clients when they learn the hard way that they do not have the automobile insurance coverage they believed or desired.  Once the accident or other covered event… Read More »

Be Careful Regarding Your Auto Insurance!

By Heiting & Irwin |

A recent case (Medina vs. Geico) found that, even though a person is badly injured in an accident as the result of another’s fault, and even though that person had personal auto insurance and was driving a van owned by that person’s employer (and the van was also insured), because the injured party was… Read More »

California State Bar Pass Rate Declines

By Heiting & Irwin |

Only 43% of those taking the July, 2016, bar exam passed it. This was the lowest pass rate in 32 years. Of interest is that legislators and the Supreme Court are concerned that the State Bar’s testing may be too tough. They want to find out why California “has such a high standard” (Assemblyman… Read More »

Ruminations of an Injury Attorney – Part 1

By Heiting & Irwin |

The Shoulda, Woulda, Coulda of Auto Insurance Coverage As a personal injury attorney handling auto accident cases, I am a frequent to the displeasure and disappointment of clients when they learn the hard way that they do not have the automobile insurance coverage they believed or desired.  Once the accident or other covered event… Read More »

Do I Have to go to Arbitration?

By Heiting & Irwin |

“I wanted to go to trial, but the other party says I have to go to arbitration. Is it true?” Many times when you go to a doctor’s office, hospital, medical provider, car dealer, or you enter into a contract for construction, and in many, and growing, areas and concerns, you are asked to… Read More »

The Necessity of Marriage for Same Sex Couples who wish to Pursue Wrongful Death in California

By Heiting & Irwin |

The ability to sue for wrongful death in California is entirely statutory. As a result, you can only bring an action for the wrongful death of a loved one if you find yourself in the statutorily defined categories. At present, California law treats same-sex couples differently that it does heterosexual couples, when it comes… Read More »

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