Don’t Try to Contract Around the Rules of Professional Conduct (a Cautionary Tale)

By Katie Parker

Imagine the scenario – you’ve met with a potential client, and he has a promising personal injury case. You’re excited to take it on. You’ve just started building your PI practice, and this case looks like a great next step for you. But, your initial conversations have raised a few concerns. In particular, you fear you may have some “client control” issues, and you worry he may present difficulties when it comes to agreeing to a reasonable settlement proposal. As you spoke with him, you sensed more than a bit of stubbornness, and he seemed to have strong opinions about the law and the value of his case.   Read More

Mindful Minute: Wellbeing During the Election Cycle

By Koryn Sheppard

Election cycles, particularly in high-stakes political climates like the current one, can be exhilarating, exhausting — or both. The flood of political news, opinions, debates, and advertisements can overwhelm and even dismay. At its core, an election is a contest of values, ideas, opinions, and visions for the future. When it comes to presidential elections, many people feel a personal stake in the outcome. Emotional highs and lows can lead to stress, anxiety, and fatigue. Some may even feel real fear. This fear is not unjustified, as polarizing political extremism has led to acts of terror, violence, and civil unrest. Additionally, the psychological impact can be equally severe. Many people, especially those in marginalized groups, feel an increasing sense of vulnerability during election cycles as the worry about hate crimes and discrimination adds a deeper layer of anxiety to an already tense period. Many people feel angry. This anger is not unjustified. Political discussion can easily turn heated, even between close friends and beloved relatives. It is easy, tempting, and even reflexively vindicating to resort to ad hominem attacks when you believe the other side is racist, sexist, xenophobic, homophobic, etc. Read More

Ethics in Brief — Balancing Ambition and Ethics: Knowing When to Say No as an Attorney

By Stacy Plotkin-Wolff

You are sitting at your desk, organizing the many tasks for the three trials scheduled next month, your family obligations, and your volunteer work. You wonder how you will get it all done when you receive an email inviting you to be an attorney scorer at the mock trial competition finals. Shortly after, your supervisor enters your office and wants you to take on two more high-profile cases. What do you do? You are ambitious, have a strong work ethic, and hate saying no. You want to take on those new opportunities, but can you handle all of them without violating your ethical duties?  Read More

Talking Trash with the Animal Law Section and Environmental Law Section after the 40th Annual Coastal Cleanup

By Alison Schlick

The San Diego County Bar Association’s Animal Law Section and Environmental Law/Land Use  Section teamed up with I Love a Clean San Diego to clean De Anza Cove in Mission Bay Park from the “trash fence” to the water, finding and disposing of more than 64 pounds of trash including recycling which was recycled.  Read More

Rule of Professional Conduct 8.3: AKA the “Snitch Rule”

By Deborah Wolfe

This relatively new Rule has generated much controversy and colloquy since it was approved by the California Supreme Court, effective August 1, 2023. It [CB1]  unquestionably was instituted in the wake of former member of the bar Thomas Girardi’s theft of his clients’ money and the lack of oversight or reporting of the theft by Girardi’s associates in his law practice.  Read More

Ethics in Brief: Leaving the Client?

By Mitchell L. Lathrop

            Sometimes the relationship between client and counsel becomes so difficult and fraught with misunderstandings that counsel wants to depart from the situation. Sometimes also, the departure may not be as easy as counsel hoped. For example, Rule 1.2 of the Rules of Professional Conduct requires that “subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably consult with the client as to the means by which they are to be pursued.” At the same time, counsel cannot assist in or advise the violation of a law[1] and must use reasonable diligence in representing the client.[2] So what happens when the attorney-client relationship has deteriorated to the point where the lawyer feels he or she must get out? Read More

Mindful Minute: How to Build a Plant-Based Meal

By Jen Sterling

As the oftentimes lone vegan in the office, I’ve had many coworkers tell me they’re interested in incorporating more plant-based eating into their lives, but that it’s just too hard and too confusing — they don’t know where to start. Countless times, I’ve heard the “but where will I get my protein?” concern. With this brief overview, I hope to not only provide a simple template for incorporating this nutrient-dense way of eating into your busy life, but also offer inspiration from my own journey. Read More

Ethics in Brief: The Ethical Pitfalls of Mixing Romance with Legal Representation

By: Alara T. Chilton

As a lawyer, you may question the prudence of representing someone with whom you are romantically involved. Even if the relationship is going well, and you are confident in your competence to handle the representation, you may be concerned about the ethical considerations. Upon conducting some research you discover:  Read More

DEI Drop: California Native American Day: Honoring Resilience and Confronting Invisibility  

By: Angela Medrano

The fourth Friday of this month, we celebrate California Native American Day. The date has been well known among the California Tribal community for decades — commemorated with community events and closed Tribal government offices. The day was first recognized in 1939 when Governor Culbert Olson dedicated October 1st as “Indian Day.” Twenty-nine years later in 1968, Governor Ronald Reagan declared the fourth of September as “California Indian Day.” It was not until another 30 years, that the day became an official State holiday under Governor Pete Wilson. Then in 2021, legislation passed marking the date as an official judicial holiday.  Read More

Ethics in Brief: Have You Been Charged or Convicted of a Misdemeanor or Felony? Beware: Your License to Practice Law May be at Risk

By David C. Carr

A lot of business before the State Bar Court consists of dealing with lawyers convicted of crimes. It is an area that does not receive a lot of attention from the public or even lawyers. These so-called “C” cases (after the letter that appears in the middle of the case designation after the year) travel down a different procedural path than “O” cases, cases that result from complaints filed with the Office of Chief Trial Counsel (OCTC) of the State Bar, or other information acquired by the OCTC that leads to the opening of an investigation.  Read More