Check out this article featured in this quarter's DRI Professional Liability Committee's newsletter (Riding the E&O Line), written by our very own attorneys, Thomas D'Amato and Christopher Whang, about the dangers of substance culture within the legal realm!
D’Amato Law is pleased to welcome Christopher Whang, our newest litigation attorney. He is a graduate from UC Hastings, School of Law and is admitted to the California Bar. By joining our team, Chris is excited to practice law in Orinda. Born and raised in the Bay Area, and with many of his family living in Orinda and Walnut Creek, he is honored to represent and serve clients in his home community.
Coming from a criminal defense background, Chris is passionate in client representation. Working at various public defender offices in California, Chris understands how impactful and influential the law can be on a client. He is dedicated to zealously advocating for clients facing difficult and complex legal issues.
Apart from his legal profession, Chris is an avid supporter of Bay Area sports. He also volunteers at local homeless outreach centers in Santa Clara, San Francisco, and Sacramento, providing meals and other necessities.
With his diligent work ethics and dedication to clients, Chris is always willing to go above and beyond to meet the legal needs of clients.
At the December 2017 meeting of the Board of Directors, Tom (T.J.) D'Amato was among three new board members elected for 2018. Joining the Board in 2018 with Tom are Juliet Don of Chevron and Ally Fattore of Mechanics Bank. Together with continuing Directors, Brian Chinn, Paul Koenig, Holly Henkel, Leslie Ward, Peter Eberle, Susan Hurl, Richard Westin, David Cronin and Tonya Gilmore, and under the leadership of President Roy Hodgkinson and Executive Director Sophie Braccini, Tom looks forward to serving the vibrant business needs in the communities of Orinda, Moraga and Lafayette, California. For more information about the Orinda Chamber of Commerce see https://orindachamber.org/ or contact Tom.
Are you curious about Airbnb? Are your clients?
I’ve used Airbnb for work travel a few times. An apartment in Los Angeles. A condo in Chicago. The experience was certainly different compared to staying at the preferred hotel chains we’re accustomed to on business trips. Overall, the short-term rental experience was fine. Room for improvement, sure. A value for what it was? I think so. It’s made me think, could I rent out my own house when we’re not there? Do I want to? Is it worth it? Considering the popularity of Airbnb, many people must be concluding it is worth it. For me at least, the jury is still out.
The Orinda City Council recently passed an ordinance which creates a short-term rental registration system and limits the number of registrations. Perhaps there is not going to be a shortage of registrations, but as a lawyer and entrepreneur I want to preserve my right to lawfully operate a short-term rental. So I just filled out the City of Orinda’s Short-term Rental Registration and Transient Occupancy Tax Registration Certificate Form. The forms raise issues regarding use restrictions, property management, taxes, compliance with municipal and building codes. What about insurance? I have some questions, and I’ve been looking at some of the issues for the better part of the year. Do you have questions?
Please join Courtney Kasper of QBE North America and T.J. D'Amato of D'Amato Law for a discussion on short-term rentals at DRI’s Professional Liability Seminar in New York on December 7-8, 2017. For more information see here. Courtney and T.J. will address some of the issues confronting attorneys, accountants, and real estate and insurance professionals by the growing activity created by digital economy websites like Airbnb.
D’Amato Law is pleased to welcome the newest addition to our team, Sydney! As a third year undergraduate at UC Berkeley with a major in Legal Studies and a minor in Education, Sydney has joined our firm as a Legal Assistant. Her primary interest in the legal field lies within immigration law, which has developed from her research experience as an apprentice of a sociology professor on the intersectionality of race and citizenship of immigrants.
Aside from her position at D’Amato Law, Sydney also works as the Advising Peer Leadership Consultant at UC Berkeley’s student organization services center, LEAD Center, providing both administrative support and leadership development advising to over 1,000 student organizations within campus. Outside of the professional setting, Sydney enjoys writing for her school's online editorial and is involved in a professional co-ed pre-law fraternity as its Professional Development Chair.
By joining our team, Sydney is thrilled about expanding her legal knowledge of business and general litigation through hands-on experiences within the office. She feels passionate about accommodating our clients’ needs in an efficient, timely manner while making sure that the team stays organized in all of its administrative tasks. With her professional demeanor and strong independent work ethics, Sydney is always willing to go beyond to connect with those who seek her assistance.
Thank you to all our friends, colleagues and clients that came to our Ribbon Cutting and Open House. We appreciate all the support!
It's hard to believe it's already been four months since we opened our doors. Join us on Aug. 24 for our Orinda Chamber of Commerce ribbon cutting. The ceremony will take place around 5:30 p.m. at our offices located at 25 Orinda Way, Suite 308. Light refreshment will be served.
The State Bar of California certifies legal specialists who have gone beyond the standard licensing requirements. Adam was recently notified that he successfully completed the requirements for certification by the State Bar in Legal Malpractice Law, and all of us at D'Amato Law could not be more proud of him. Congratulations Adam!
On June 21, 2017, in Tucker Ellis LLP v. Superior Court (Nelson), the First District Court of Appeal held that a law firm, and not an individual lawyer, controls attorney work product. Attorney Nelson created documents which were subject to protection under Code of Civil Procedure § 2018.030 while employed at Tucker Ellis, LLP. After Nelson left Tucker Ellis, the firm responded to a third party subpoena, ultimately producing the documents created by Nelson without first seeking Nelson’s permission. Nelson sued Tucker Ellis, arguing that the documents were his thoughts, impressions, and conclusions, and thus that he alone, not the law firm was the holder of the privilege. The Court of Appeal disagreed and held that the law firm was not required to seek the attorney’s permission.
In support of its holding, the Court reasoned that the client on behalf of whom the work was performed was a firm client, not Nelson’s directly. Moreover, while conceding that in this instance only Nelson’s thoughts and impressions were recorded, the Court noted that often that would not be the case, and that many lawyers would collaborate on a project. It would be unfeasible to seek permission from all former lawyers who may have rights to waive work product. The Court also noted that its holding was particularly applicable where the client was a firm client, and thus the firm would be in the best position to determine any potential harm to the client from production.
The Court of Appeal stressed that its opinion was narrow, and limited to the facts before it. It did, however, reject a narrower basis for the holding, that Nelson’s employment agreement, as a non-capital partner at Tucker Ellis, meant that the documents were owned by Tucker Ellis pursuant to Labor Code 2860. Although the opinion stressed the narrow nature of the holding and forms of law firm organization vary, it is difficult to conceive of a situation in which, following the opinion, work product would be deemed owned by the lawyer, and not the law firm, even if the lawyer were a full equity partner. Perhaps a distinguishing factor in a future case could be where the client went with the former attorney and the prior law firm merely was a custodian of files from the period in which the departed lawyer was at the prior firm. Still, the reasoning of the Court of Appeal in this case, one which is both practical and considers the interest of the client, would seem to apply.
On Thursday May 11, Adam will be a panelist at the DRI Appellate Advocacy Seminar for a topic entitled Ethics and Appellate Litigation. The CLE focuses on ethical rules and responsibilities which are unique to appellate practice, including positional conflicts of interests which arise when creating binding precedent and the duty of candor to the court, both in citing to legal precedent and making representations about the record on appeal.
We are very proud to announce that as of April 24 our doors are officially open in beautiful Orinda, California. We’ve hit the ground running, and we’re already putting our unique blend of experience, expertise, and agility to work for our clients.
Take a look around our site or, even better, give us a call to learn how D’Amato Law can deliver a superior level of service and results for your legal disputes.