By Richard D. Hendlin
This Ethics in Brief will focus on the venerable “no contact” rule set forth in California Rules of Professional Conduct [CRPC] Rule 4.2 which had its origin in the first rules promulgated in 1928.[i]
Dear Members,
I am fortunate to have served as Chair of the New Lawyer Division’s Executive Committee. Thank you for the opportunity and your support this past year.
By Eric R. Deitz
Changes to the Rules of Professional Conduct accompany the coming new year, and consistent with the duty of competence (Rule 1.1)[1], California attorneys must apprise themselves of the same. Two important and related changes take effect January 1, 2023, and affect a lawyer’s obligation to communicate (Rule 1.4) and to safely handle client funds and property (Rule. 1.15).
By Julie Thorpe-Lopez
Paradoxically, the pressure to be joyful during the holidays sometimes eviscerates the actual experience of joy. In addition to the regular stress of our jobs, family, and personal obligations, we are bombarded with pressures to celebrate, whether we actually celebrate a particular holiday or not. Adding to this already overflowing plate of stress is traveling or hosting guests, shopping, financial pressures, and spending time with extended family — with whom we may or may not positively connect. When things don’t go the way the holidays look in commercials or on social media (most of which is really unachievable unless your profession is “TV producer” or “social media influencer”), we feel a sense of failure. When our kids are going bananas without a regular school routine for three or four weeks, we feel like we are blowing it as parents. Plus, we’ve all endured a years-long pandemic and have been in fight-or-flight adrenaline overload for much longer than humans were made to endure. We still have tremendous political divisiveness permeating the media — another stressor that crops up with the extended family time we are expected to put in. It’s no surprise that joy and peace don’t always come easily during this time.
If you are a litigator, you have likely been in court and heard another lawyer enter her appearance by stating her name, followed by the phrase “specially appearing.” Or, perhaps you have received a telephone call from another lawyer who requests you “specially appear” at a hearing for a client you have never met. Such appearances are not uncommon in California Superior Court in both civil and criminal matters.
It has been my privilege and honor to produce For The Record as your editor-in-chief these past two years. This publication is uniquely founded on being created by new lawyers for new lawyers. Together, we have created more than 150 articles over the past two years tailored specifically to the needs, likes, and interests of our community. If you missed any past editions, you can visit our full archive.
Is a bumblebee a fish? This question, explored in a recent California ruling, exemplifies the importance of deciphering linguistics in interpreting the law. On this topic, the Appellate Practice Section of the San Diego County Bar Association hosted a Web CLE course on October 28, 2022, entitled: “Corpus Linguistics as a Tool for Appellate Advocacy.” The featured presenters were Tammy Gales, Associate Professor of Comparative Literature, Languages, and Linguistics at Hofstra University, and James Heilpern, Esq., Senior Fellow of Law & Corpus Linguistics at Brigham Young University Law School. The course focused on historic and ongoing issues with the traditional approach to linguistics in the law and how the use of corpus linguistics — the study of language through “corpora” or large bodies of data showing how words are used in a real-life context — provides judges and lawyers useful tools for statutory interpretation and appellate argument that more efficiently achieves the goal of having uniformity between the legal and textual meaning of language.
After 10 years as a federal prosecutor, Lara Worm pivoted from law and co-founded Bivouac Ciderworks, a hard cider taproom and restaurant in North Park.
Walking into Department 1102 to appear before Judge Daniel Goldstein feels like someone is greeting you with a smile and a firm handshake. In the new courthouse the ceilings are high, the clerks and bailiffs get along well, and there are plants around to provide a uniquely San Diego feel. But when court is in session, the hard work begins. Judge Goldstein maintains this respectful atmosphere in his courtroom as he has throughout his life.
By Charles Berwanger
All of us have most probably received email communications from opposing counsel in a matter in which counsel’s client is shown as a “cc.” You have been waiting for the opportunity to at long last communicate with the client. You fear that opposing counsel has not communicated your settlement offer to the client and now may be the opportunity to communicate that offer by hitting the “reply all” tab. The settlement proposal is relevant to the substance of the email. However, you are concerned that such a communication may violate Rule of Professional Conduct 4.2 which proscribes communicating with a represented party without the consent of opposing counsel.
