Month: October 2021

Pick the Wrong Test, Be Held in Contempt

By Edward McIntyre

A Central District of California grand jury issued subpoenas to a company and its lawyers related to a criminal investigation of the company’s owner, also a client of the lawyers. The subpoenas sought documents and communications related to that criminal investigation, the target of which was the company’s owner. The company and the lawyers produced some documents, but withheld others based on assertions of the attorney-client privilege and work-product doctrine. Prosecutors pressed the issue. The district court (Hon. John Kronstadt) determined that the withheld documents were not protected by any privilege or were discoverable under the crime-fraud exception to the attorney-client privilege. The company and the law firm disagreed with the court’s rulings and continued to withhold the disputed documents. The court then held the lawyers and the company in contempt because they failed to comply with grand jury subpoenas.  Read More

Mindful Minute: Boundaries and Wellness

Want Better Work-Life Balance? Set a Boundary

By Marta Manus

When people think of boundaries, they often think of limits or rules. Boundaries often imply learning to say “no” to others. I like to think of boundaries as the foundation of any healthy relationship, including your relationship with yourself and others. Boundaries are empowering, and an important aspect of self-care, which is something we could all use a bit more of. Boundaries are saying “yes” to yourself and teaching others how to treat you. Setting boundaries with ourselves and others, including colleagues and bosses, is essential if we want to create a healthy work/life experience. We have to get comfortable with setting healthy personal and professional boundaries.   Read More

President’s Message: October 25, 2021

As my husband, Phil, and I spend this week boxing up our downtown office, I reflect on how much the practice of law has evolved over the past almost year and a half. Before March of last year, Zoom was an application used by few, virtual offices were looked at as a step down from large offices with picture windows and dark furniture, and working from home wasn’t fathomable. Until there was no alternative. Read More

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

Ethical-Legal Challenges of Providing On-Site Healthcare to Protestors

Ethical-Legal Challenges of Providing On-Site Healthcare to Protestors

By Sasha Jamshidi
Farmer Case & Fedor

On September 29, the SDCBA Law and Medicine section collaborated with the San Diego Region Taskforce of the American Nurses Association (ANA) to host an invaluable discussion on the ethical-legal challenges that on-street nurses face in response to victims of police brutality. The ANA represents an essential group of workers who have provided medical aid to marginalized communities during the 2020-2021 racial equity demonstrations. Not only is the ANA considered an essential part of the healthcare sector, but it also has the mission of optimizing our nurses’ contribution to the health and wellbeing of individuals, families, and communities as a lobbying organization under 501(c)(6). In fact, the ANA is the largest national professional nursing organization in our country. Read More

Practitioner’s Perspective: Domestic Violence Laws

Practitioner’s Perspective: Domestic Violence Laws

By Laurel Anne Harris
Law Offices of Cynthia Ann Harris

October is not just known for pumpkin spice lattes and Halloween. In 1989, former President George Bush proclaimed October as the month for National Domestic Violence Awareness. An entire month each year dedicated to domestic violence provides legal practitioners and others in the justice community a chance to not only acknowledge the pervasiveness of domestic violence, but to explore ways to advocate for domestic violence victims. October also provides victims — who are now living as survivors —with the chance to share their stories in the hopes of continually shedding light on the dangers of domestic violence. Read More