Tag: ethics

Legal Ethics for New Attorneys: Trump’s Attorneys’ Fiasco

Legal Ethics for New Attorneys: Trump’s Attorneys’ Fiasco

Time for a Review of an Attorney’s Ethical Duties to Tell the Truth, Show Candor Toward the Tribunal, Provide Counsel Only on Legal or Just Matters, and File Only Meritorious Claims and Contentions

By Richard Hendlin
Attorney at Law

As judges around the country weigh how to hold accountable the lawyers who abused the courts to advance former President Trump’s frivolous challenges to the 2020 election, two recent cases are particularly instructive for attorneys who wish to comply with their ethical responsibilities. These cases also present a good opportunity to review various State Bar Act provisions and the California Rules of Profession Conduct [CRPC] that are potentially implicated by these recent developments. Read More

When is Presenting False Testimony Permitted Under the Ethics Rules?

By Gary W. Schons

You are a young prosecutor preparing for your first domestic violence trial. Fortunately it’s “only” a misdemeanor charge—domestic battery—Penal Code § 243 (c)(1)—because the injuries to your victim, a young single mother of 2 small girls who was assaulted by the children’s father, were not serious, some minor contusions to the face where the defendant struck her. Read More

Although California’s New Rules of Professional Conduct Align More Closely to ABA Model Rules, Do Not Forget About the Duty of Confidentiality Codified in Business & Professions Code section 6068(e)(1)

By Andrew A. Servais 

As most know, on November 1, 2018, 69 new California Rules of Professional Conduct replaced 46 current Rules of Professional Conduct in an effort to bring the California Rules in closer alignment with ABA Model Rules.  Read More

Apples and Oranges: Disqualification and the Rules of Professional Conduct

By David C. Carr

The California Rules of Professional Conduct (Rules) are intended to provide standards for the imposition of professional discipline on lawyers in California (Rule 1.0.1.) But in practice the Rules are applied in other contexts, such as legal malpractice, fee disputes and disqualification of counsel in court, a reality acknowledged by Comment 1 to Rule 1.0.1: Read More

Ethical Considerations and Best Practices for Compliance with Rule 1.5 (Fees for Legal Services)

By Alara Chilton

California’s new Rules of Professional Conduct went into effect November 1, 2018. This article will examine some of the ethical considerations of Rule 1.5 (Fees for Legal Services) and discuss some of the best practices for compliance. Read More

Whoops! The New Rules, Law Firms and Cyberattacks

By Edward McIntyre

Macbeth, Duncan and Sara were enjoying a celebratory toast at the Red Coach & Horses when MacTavish, drink in hand, joined them.

“Have you guys seen the news about that major law firm. Had its computer network hacked? Massive embarrassment, for sure.”

Duncan nodded. “I understand the FBI divides law firms into two kinds. Those that’ve been hacked — and those that will be.”

MacTavish laughed and sipped his scotch.

Macbeth cautioned, “Not sure I find much mirth in their misfortune. Not only embarrassing. They have to confront a myriad of liability issues. And think of the ethics nightmare.”

MacTavish looked surprised. “Ethics? How so?”

“Have you looked at the new and revised Rules of Professional Conduct? The ones that just became effective on November 1?”

“Not yet. On my to-do list. But —”

“When you get around to it, take a hard look, for example, at rule 5.1. It’s new in California. We’ve never had anything like it before.”

“What’s it about?”

“It imposes on lawyers with law firm management authority the obligation to ensure that the firm has in effect measures that give reasonable assurance that all the firm’s lawyers comply with the rules. And with State Bar Act.”

“Seems like a bit of an overreach, but —”

“It also requires lawyers with supervisor authority over another lawyer to make sure that lawyer does the same. Rule 5.3 applies the same obligations to the supervision of non-lawyer personnel, whether employees or not.”

“But what’s all that got to do with a computer hack?”

“I assume we agree that, as lawyers, we possess a vast trove of sensitive and confidential client information. Financial data. Transaction and litigation strategies. Personal information. Perhaps health histories.”

“Sure. Necessary to the practice.”

“Rule 1.6 and 6068(e)(1) require us to hold client confidential information inviolate. At almost any cost.”

“New number, huh. OK, understand that.”

“Further, rule 1.1 requires competence, including — in this digital era — staying knowledgeable about the benefits and risks associated with technology.”

“Well —”

Macbeth held up his hand. “Finally, rule 1.4 requires lawyers keep clients reasonably informed about significant developments related to the representation.”

“All fine. But I was talking about a computer hack —”

Sara smiled as Macbeth nodded to a waiter for another round for the table.

“We were indeed. Let’s start with rules 5.1 and 5.3 — even before any computer breach occurs.”

“If you want.”

“Given the prevalence of cyberattacks, likely firm managers and supervisors have an ethical obligation to ensure the firm has adequate cyber protection already in place —current and updated — to prevent the loss of any client information that rule 1.6 requires the firm’s lawyers keep confidential.”

“Good thing I’m a sole practitioner —”

“A manager of your own firm, in other words.”

“Ouch.”
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