Month: October 2018

Categories : Legal EthicsTags :

Teaching Lessons: Students Rewrite the Rules of Professional Conduct in a Blank Slate

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By Edward McIntyre

A good friend asked me to lecture to her business ethics class at San Diego State University, mostly juniors and seniors. During class, she would mark the 54 students on “participation,” so I quickly scrapped the “lecture” idea. Instead, the class at large — from scratch and without advance acquaintance with our Rules of Professional Conduct — would develop a set of ethics rules for a profession. Lawyers. In little more than an hour. Read More

Categories : WellnessTags :

From Medication to Meditation

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By Rick Waite

Two double vodkas on the rocks every night before dinner. To relax after a hard day at the office, I told myself. And then perhaps a glass of red wine with my meal. The burn in my throat turned into a dull buzz in my head and then I was numb. Self-medicating the anxiety, stress and anger away. It never interfered with my work. If I was in trial or had a big hearing the next day I never drank. But the rest of the time … Then, one day, I was done. What happened? I resumed my meditation practice after a break of 39 years. Read More

Categories : Law Practice ManagementTags :

Building Your Personal Brand

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By Erik Nelson

Personal branding is imperative because law firms are established and maintained based on the reputations of attorneys. Branding can help solidify your identity in the minds of potential clients and it helps to know what you are trying to achieve and how best to go about that. I spoke with two attorneys from a couple of San Diego’s best known firms: John Gomez, President and Lead Trial Attorney at Gomez Trial Attorneys; and John Morrell, Managing Partner and Chairman at Higgs, Fletcher & Mack LLP; as well as legal marketing expert Jennifer Whitelaw, of TW2 Marketing, to discover more about their particular approaches towards branding. Read More

Categories : Legal EthicsTags :

The “Tripartite Relationship” Some Thoughts on Avoiding the Pointy End

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By Edward McIntyre 

Typically, when a lawyer represents two clients in the same matter, the relationship is both clear and balanced. The lawyer owes equal loyalty to each client; neither has a primary claim on the lawyer’s fidelity. Indeed, should one client insist the lawyer not disclose important information to the other, the lawyer likely has to withdraw from the representation of at least that client—perhaps both. The reason? Rules of Professional Conduct, rule 3-310(C)(2) prohibits representation of clients with adverse interests in the same matter, and rule 3-500 requires communication of significant developments in the representation to a client. An instruction by one client not to reveal important information to the other flies in the face of rule 3-500’s mandate, triggering the precise adversity rule 3-310(C)(2) will not allow. Read More

Categories : Law Practice ManagementTags :

How To Strengthen Your Footing — In Your New Firm — When You Move From One Discipline To Another

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By Taneashia Morrell

There are several factors that may cause a legal professional to switch from one area of practice to an entirely different discipline. Often, hiring managers want to know why you’re reforming your legal discipline. They also want to know if you possess the skills and expertise that will transfer into the new discipline. In my case, I transitioned from civil litigation and family law to intellectual property and technology transfer. In addition to my J.D., I also possess an LL.M. in intellectual property and have previous experience in the technology transfer area. So if you’re looking to make a move into a different discipline, make sure you have some experience in the new field you are pursuing. Read More

Categories : Law Practice ManagementTags :

“A long time ago in a galaxy far, far away….” (aka Why Finding a Hobby is Good For Your Health)

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By Jeffrey Chinn

At Comic Con 2018, I sat through a panel titled “Judges on the Law of the Last Jedi and Solo” including with Judge John B. Owens of the Ninth Circuit Court of Appeals, Magistrate Judge Stacie Beckerman, and (San Diego’s own) Magistrate Judge Mitch Dembin. Each showed pictures of their chambers with displays of Star Wars-related memorabilia.1 It was refreshing for each judge to show their fandom of Star Wars. I thought that this makes sense as every lawyer needs some activity to take their mind off of the everyday briefs, motions, research, etc. Read More

Categories : Legal EthicsTags :

Excessive Deposition Delays Without Sufficient Justification Leads to Terminating Sanctions

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By Carole J. Buckner

Creed-21 v. City of Wildomar, 2017 WL 5484032,provides salient reminders regarding complying with local rules, scheduling depositions and most importantly, complying with court orders to avoid sanctions. The case also implicates the ethical duty of competence in managing one’s schedule, even when emergencies may arise. Read More