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Ethics in Brief: An Unconscionable Fee is More Than Just Excessive
By Anne Rudolph
California Rule of Professional Conduct 1.5 prohibits an attorney from charging an unconscionable or illegal fee.
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Mindful Minute: Spring Into Wellness by Spring Cleaning
By Koryn Sheppard
We are all probably familiar with the term “spring cleaning.” You may also be familiar with Marie Kondo, the Japanese organizing consultant known for advising those interested in decluttering: “The best way to choose what to keep and what to throw away is to take each item in one’s hand and ask: ‘Does this spark joy?’”
Categories : Law Practice Legal EthicsLeave a comment
Ethics in Brief: Criticizing Judges — Proposed Amendment to a Rule of Professional Conduct
By Edward J. McIntyre
The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is recommending to the Board of Trustees that the Board recommend to the Supreme Court a change in Rule 8.2 (Judicial Officials), by the addition of a new Comment [1]. The California Judges Association requested the change in response to increased public criticism of judges resulting in threats and violence against judges due to their rulings. This endangers judicial independence, public trust in the legal system, and ultimately the rule of law.
Categories : Law Practice Legal Ethics
Understand Your Audience: Highlights of the California Code of Judicial Ethics
By Charles V. Berwanger
Much has been written about the California Rules of Professional Conduct in this column. There is another set of rules of professional conduct regarding the ethical requirements of judges. A competent lawyer who complies with California Rule of Professional Conduct 1.1 will necessarily understand that the judge before whom appearances are made will also have ethical imperatives and constraints which the judge must follow and which affect the practice of law.
Categories : Law Practice Wellness
Mindful Minute: February is for Hearts
By Koryn Sheppard
The human heart is an incredible organ, beating more than 2.5 billion times over a lifetime —depending, of course, on how long that life lasts. On average, it beats 100,000 times per day and 35 million times per year.
Categories : Law Practice
Are You a Lawyer? Want to Help and Support Youth Involved in the Child Welfare System? Guess What, You Can!
By Beth Ploesch
Who We Are and What We Do
Children’s Legal Services of San Diego, Inc. (CLS) provides legal representation for youth involved in juvenile dependency cases. CLS is appointed to represent the child by the juvenile court when a social worker files a petition alleging child abuse or neglect. As appointed counsel, the CLS attorneys serve as the attorney and guardian ad litem for the child throughout the dependency case. Typical litigation in the dependency case involves where the child lives, whether the family is getting adequate services, and also the child’s permanent plan, including reunification with family, adoption, or guardianship. In addition to representing children, CLS also represents former foster youth ages 18 to 21 who are participating in Extended Foster Care, a voluntary program to support the youth’s transition to adulthood. CLS currently represents approximately 1,700 youth throughout San Diego County.
Categories : Legal Ethics
Ethics in Brief: Enforcing Civility
By Stacy Plotkin-Wolff
“Lawyers who know how to think but have not learned how to behave are a menace and a liability to the administration of justice.” Excerpts From the Chief Justice’s Speech on the Need for Civility, New York Times, May 19, 1971, Page 28. More than fifty years later, the California State Bar proposed amendments to the California Rules of Professional Conduct, including Rules 1.2 and 8.4, and the introduction of new Rule 8.4.2 to specifically address civility. The California Supreme Court is poised to adopt these long-debated civility rules, which would make California the fifth state to adopt such rules. What are the proposed rules, how will they be enforced, and who will enforce them?
Categories : Legal Ethics
Ethics in Brief: Get Ready! Random Trust Account Audits Are Coming
By David C. Carr
Two years ago, the State Bar implemented the Client Trust Account Protection Program (CTAPP). The aim of CTAPP is to deter client trust account misconduct through the imposition of a layer of regulation on top of the discipline system. The advent of CTAPP is part of the fallout from the Girardi scandal. Girardi was able to move money between trust and business accounts, that helped to conceal his theft. Of course, this problem did not begin with Girardi. One legal review article referred to misappropriation from the client trust account as “the perfect crime.” Client trust account misconduct can be difficult to detect. Requiring the reporting of client trust account overdrafts has been helpful in detecting misconduct. It is ineffective for detecting the practice flush with money that has been paying the last client settlement with a current client’s settlement money. “Robbing Peter to Pay Paul” can go on for a very long time as long the cash flows in, just as in a Ponzi scheme. But when something stops the cash flow, the whole thing falls apart quickly. This is what happened to Girardi.
Categories : Legal Ethics
Ethics in Brief: How to Start 2025, A New Year Suggestion
By: Edward J. McIntyre
New Year’s Day has come and gone. With it, family gatherings, festivities, football. We’re back at work, facing 2025. But, before getting knee-deep in our practices, clients, and other stuff, consider taking a short break to start the year on the right foot—or left, if you wish.
Categories : Legal Ethics
The State Bar Enforcement of Ethics Rules:What Happens When the State Bar Knocks On Your Door?
By Charles Berwanger
The purpose of this article is to provide a skeletal outline of the State Bar’s disciplinary process and recommendations for dealing with it.