Law Office of Brandon Martin, Inc.

Most lawyers I know are too busy to golf. I certainly fall in that category. But, I think I can watch this shot over and over, again. I enjoy it as proof that the realm of the possible in our lives is so much bigger than we typically assume...

I've learned a lot working with families to develop special needs trusts. Now, I read an article like this and I can't help but want to share it with everyone.

I'm *very* optimistic about the potential for Amy Coney Barrett to be an exceptional Supreme Court justice. The graphic, below, neglects to point out that Barrett helped to write or wrote the first drafts of actual Supreme Court opinions while clerking for Justice Scalia. I've seen a truckload of attacks on Barrett come through my newsfeed based on her having never tried a case. But, a trial lawyer is an advocate whereas a judge is a neutral; they are very different jobs... and different personalities and skill sets are required for success in each. A good trial lawyer often has the traits of a salesperson. A good judge, on the other hand, might have been an effective referee. I don't think we will see a lot of Supreme Court Justices with trial experience in the future and some of the best Justices in the past have had no such experience. It's not uncommon for them to be professors like Barrett. Part of this is because the best minds coming out of America's best law schools work at prestigious white shoe firms that handle business matters with amounts in controversy so large, it is irrational to bring them to trial most of the time. Much more than 90% of the kinds of cases that can afford to hire the best lawyers from white shoe firms settle before trial. On a related note, it's not surprising that Amy Coney Barrett was a civil practitioner, either. You may have noticed that criminals are often criminals because they are poor. Jean val Jean stole a loaf of bread when he was too poor to feed his family let alone pay for America's best lawyers. Easily 90% of the work at America's most prestigious Big Law firms is civil and it is those firms that pay a premium for and attract America's smartest young lawyers -- like Amy Coney Barret. Some who are interested in politics are attracted to serve as prosecutors or public defenders even if the compensation is substantially less. And, there's honor in that as well as trial experience, but most smart young lawyers in Barrett's position do what Barrett did. And, frankly, although it's not always the case, criminal cases should be easier to understand from a legal perspective than very complex civil cases where the law is often unclear in a way that would make it unconstitutional if it were criminal. So, the negativity I see posted about Justice Barrett has not deterred me from being optimistic about her future role on the Court. I also think that those on her Left will be surprised by how effective she is. I do expect that she will be conservative, but not the activist conservative judge that some anticipate she will be.

My heart goes out to the two police officers who were shot in Kentucky this evening. I think about the family of the officer who is being operated on right now and I shiver at their worry and suffering. This is *not* the way to "protest" or disagree.

I worked as a land use lawyer and real estate associate at Brownstein Hyatt years ago. I was opposed in principle, I suppose, to any practice that required me to register as a lobbyist, but I enjoyed friendships with one of the firm's lobbyists in California and on K Street. The lobbyist from California was the former head speechwriter for Ronald Reagan and my friends in the DC office were transplants from Utah who the firm had stolen from Senator Hatch's office. The firm ...knows Utah and it knows DC. So, my guess is that this gossipy little news report about one of Brownstein Hyatt's memos is a little bit more than mere speculation... Do you think Romney wants the job? https://kutv.com//romneys-name-floated-to-be-bidens-secret

Two students who I had the honor of teaching Torts to during their 1L year will be competing in the final round of a Moot Court competition in Monterey next Saturday evening. They were coached by some very good local attorneys in advance of this competition and I think it might be fun for those who are considering law school to watch via Zoom.

I'll let others talk about the strategic implications for movement conservatism created by the death of Justice Ginsburg. I wanted to share, however, that when I was running for a local judgeship here in Kern County, I had a friend who was much more liberal than I am who gave me a Ruth Bader Ginsburg t-shirt! I think it's no secret that on many, but not all matters before her Court, Ginsburg and I would disagree. I talk openly of my Federalist Society adventures and count ...Republican organizations as clients of mine from time to time. And, so I almost laughed when I received the gift, but it was sincere. Now, my Ginsburg shirt has become one of my favorite t-shirts for that reason. I still wear it around the house from time to time and it still get laughs from loved ones who see me wearing it, but it doesn't escape me that it was given to me by someone who deeply admired Ginsburg as an activist lawyer and believed I was worthy of wearing a shirt depicting her hero. It was such a sincere, kind, and totally surprising gesture of support, I still smile thinking about it today. See more

I was in my first year of law school when I first heard of the terrorist attack on our country. Time can change a lot, but it's very safe to say that I will never forget.

I certainly need to post more often with helpful legal tips and estate planning information and start to limit the politics, but before I do I'd like to urge that Governor Newsom veto AB3234. AB 3234 creates a means for judges to offer diversion to those charged with misdemeanors including misdemeanor DUIs over the objection of the prosecuting attorney. This is like the Court being authorized to routinely and regularly enter a plea bargain that hasn't been negotiated by the ...parties, but is between the court and the defendant and without the prosecutors agreement. If this law passes, it will be possible for this to apply to both first and second time DUI defendants. If the defendant completes the diversion program, which is fashioned by the judge and is not to exceed two years, the judge *must* dismiss the action against the defendant. We have a problem with repeat offender drunk driving in Kern County. AB 3234 does little to reassure that courts will not seek efficiency before public safety in crating diversion agreements. Without such reassurance and without even the District Attorney's agreement as a check on particularly concerning cases, I cannot support AB 3234 despite it's good intentions. I urge a veto.

One good thing about our local bench here in Kern County is that the judges don't indulge in the same opulence and drool-worthy perks as some other judges do in other areas around the state. I understand that it was limited access, but the fact that the "Hall of Justice" gym was kept open for use by judges and other government employees while all private gyms accessible to the public were required to close is the kind of scandal that does more to hurt the perception of the integrity and ethics of the court than a hundred unpopular decisions. https://www.washingtonexaminer.com//san-francisco-gym-owne

This sounds like a very worthy reason to indulge in a tri-tip lunch!

"Any tax that is actually effective at taxing wealth, however, would be equally effective at driving wealth out of state..." Would you pay an extra, say, $5 million dollars a year on top of your additional income tax liability and an outrageous cost of living for the pleasure of living in California? Or might you be willing to relocate to a artsy, food, music and tech business haven like Austin, Texas or Portland, Oregon and save that money. Politicians in Sacramento are ab...out to bet that millionaires will choose to stay in California -- even after they impose a new "wealth tax" on them. This is different than an income tax in that it will tax assets or wealth held regardless of income. Right now it will apply to multi-millionaires, who have assets in excess of your typical cowboy lawyer, but you can bet that in a few legislative sessions, it will apply to you and I, as well. It won't be introduced this session, but you can bet on a vote next session.

Many people I meet with after a parent or close family member has died are unsure if a will or trust exists. Others have an incomplete understanding of the estate or the wishes of their loved ones. I think this is because they wanted to show their relationship wasn't about money or driven by money and they chose to do that by never asking about or mentioning estate planning. I sympathize and appreciate this. But, it makes things harder in the long run. Here's a quick 8-step outline for making sure that if you chose to have that difficult, but practical conversation with an elderly person in your life that you don't miss something that you'd likely want to know later. https://lawprofessors.typepad.com//8-tips-for-having-the-t

This is a criminal law news report, but it would make for an ideal first-year intentional torts hypothetical for law students. For what it's worth, I go to Sully's these days for more exotic flavors and the f'real milkshakes. :-)