Questions San Diego clients ask before they hire a lawyer

A fractional general counsel is an outside attorney who performs the general counsel role on a part-time, ongoing basis. Instead of paying a full-time in-house salary, a company engages the attorney under a monthly retainer or defined scope, and that attorney handles routine legal work and coordinates specialists when needed.

A traditional retainer is usually a deposit against hourly work for specific matters. Outside general counsel is a standing role: the attorney is expected to know your business, be reachable for quick questions, and manage legal risk proactively rather than only when a matter arises.

Cost depends on scope — the volume of contracts, headcount, industry regulation, and whether litigation oversight is included. Rainey Law P.C. scopes engagements after an initial consultation so the monthly figure reflects actual work rather than a generic package.

Rainey Law P.C. works from a single office in San Diego, California, and practices in California, New York, and Washington, D.C. For matters requiring another jurisdiction's bar, we coordinate local counsel.

Yes. California employment is presumed at-will, so an employer can end the relationship without cause. What it cannot do is end it for an unlawful reason such as discrimination, retaliation for protected activity, or taking protected leave.

It depends on the claim. Discrimination and retaliation claims under California's Fair Employment and Housing Act generally require an administrative filing with the Civil Rights Department first, and federal claims run through the EEOC on a shorter clock. Because several deadlines can apply at once, it is best to have the dates reviewed promptly.

A signed release may limit your claims, but not always — the terms, the consideration you received, and how the agreement was presented all matter. Have it reviewed before assuming your rights are gone.

Not necessarily. Many employment matters resolve through negotiation or mediation, and many employment contracts require arbitration. We evaluate which forum applies and what leverage exists in each.

If the agreement releases legal claims — and nearly all do — a review is worth it. The cost of a review is small next to the value of claims that a release permanently waives.

Employers usually set a deadline. If you are 40 or older, federal law generally requires at least 21 days to consider a release of age claims (45 days in a group layoff) and a 7-day revocation period afterward. Deadlines outside those rules are often extendable if you ask.

Often, yes — on amount, payment timing, benefits continuation, reference language, and restrictive covenants. Leverage is strongest where there is a credible underlying claim or where the employer wants terms beyond a basic release.

It usually waives the claims described in the release, but certain rights cannot be waived — for example, filing a charge with a government agency. What survives depends on the exact language, which is why the review matters.

The highest-value moments are before signing a significant contract, before adding employees or contractors, when ownership changes, and at the first sign of a dispute. Involvement at those points is far cheaper than litigation later.

Yes. The firm drafts and negotiates commercial agreements and also litigates business disputes in state and federal court and in arbitration, which means the drafting is informed by how these documents actually get tested.

The firm serves clients throughout San Diego County — including Rancho Bernardo, Escondido, Carlsbad, Poway, and downtown San Diego — as well as clients statewide and in New York and Washington, D.C.

The statute provides $500 per violation, and up to $1,500 per violation where the conduct is willful or knowing. Because each call, text, or fax can count separately, aggregate exposure grows fast in a class case.

Preserve records immediately — consent logs, campaign lists, dialer data, and vendor communications — and avoid substantive responses until counsel reviews the file. Early preservation and an accurate consent record drive most outcomes.

Yes. Courts treat SMS as a 'call' under the statute, so marketing texts sent without proper prior express written consent, or after an opt-out, can carry the same per-message exposure.

Often yes. Businesses can face vicarious liability for calls made on their behalf by lead generators and dialing vendors, which is why vendor contracts, indemnities, and consent-provenance requirements matter.