Day: January 10, 2022

Categories : President's MessageTags :

President’s Message: January 10, 2022

On By sdcountybar

It was 1980-something, and I was fascinated by stories about the Marine Corps. That was probably related to my father’s service. One film that stood out to me was Heartbreak Ridge. That was in no small part due to Clint Eastwood’s character, Gunnery Sergeant Tom Highway. For those who are not familiar with the film but know the actor’s work, imagine what kind of personality you would expect from the character. Have it in mind? Yep, that’s exactly it. Read More

Categories : Legal EthicsTags :

When My Client’s Capacity is Diminished: What May I Do? What Must I Do?

On By sdcountybar

By Edward McIntyre

Many jurisdictions adopted a version of ABA Model Rule 1.14 to give guidance when lawyers must confront obligations to a client with diminished decision-making capacity. Our Rules Revision Commission submitted a proposed version of rule 1.14 to the Supreme Court that attempted to reconcile the Model Rule’s approach with unique California obligations, including our obligations of confidentiality.[1] The Court did not adopt proposed rule 1.14. The need for guidance, however, about ethical obligations to clients with diminished capacity remains. The State Bar’s Committee on Professional Responsibility and Conduct (COPRAC) stepped forward with a recent formal opinion.[2] Read More