Litigation
Cal. Litig. 2020, Volume 33, Number 1
Content
- Artificial Intelligence Will Transform the Practice of Law
- Can Ai Sue in Federal Court?
- Capture the Flag: Winning With Forum Selection Clauses
- Current Legal Issues in Video Games and Esports
- Editor's Foreword the Future Is Here
- Embracing Evolution in the Delivery of Legal Services
- From the Section Chair What We've Done and What's to Come
- Masthead
- MCLE Article A Trial Lawyer's Guide to Rule 3.3
- Reflections on Becoming an Appellate Lawyer Hall of Famer
- Report on the Los Angeles County Bar Association's Federal Courts Symposium Featuring Judges of the Central District of California
- Table of Contents
- Tech Tips: Making Use of Fastcase
- The Future Holds Many Possibilities
- The Overworked Sentence
- The Second Founding: How the Civil War and Reconstruction Remade the Constitution By Eric Foner
- What Is the Ccpa and Why Should Litigators Care?
- Letter to the Editor
Letter to the Editor
Having just finished reading the article in California Litigation about under-publication of Court of Appeal opinions (Grimes & SeLegue, Is It Time for a MajorShiftin ThinkingAbout Under-publication of Court of Appeal Opinions in California? (2019) 32:3 Cal. Lit. 14), I write to express my enthusiastic agreement with it. I know in the Probate area it would be very useful to be able to cite to unpublished decisions. There are not many published decisions in this area and it is one where there are often complex issues for which analysis or guidance would be helpful. In turn, the Supreme Court then takes very few Probate cases — thereby further reducing the chances of obtaining needed law. In reviewing unpublished decisions myself to keep up, I am often surprised why opinions would not have been published. It also seems so much effort is put into these decisions and then that they cannot be used is a poor use of all that work. There seems also a growing trend of lawyers referring to unpublished decisions — even when knowing they are not allowed to do so — because they often provide useful analysis. It is hard to tell counsel not to do so where there may be no other authority. I suspect most Probate judges and lawyers would support being able to cite to unpublished decisions.
Hon. David J. Cowan
Supervising Judge, Probate & Mental Health Depts.
Los Angeles County Superior Court
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