March 30, 2022 -

Categories : Legal EthicsTags : #ethicsinbrief #legalethics #ethics

An Attorney May Obtain Advance Consent to Take Protective Action on Behalf of a Client Who Later Becomes Incapacitated

On March 30, 2022March 30, 2022 By sdcountybar

By Anne M. Rudolph

In 2018, the Supreme Court rejected a proposed modified version of Model Rule 1.14 which would have allowed an attorney to take protective action if the attorney reasonably believed that the client had diminished capacity, was unable to act in the client’s own interest, and was at significant risk of physical, psychological or financial harm. Though the Supreme Court did not state its reason for the rejection, it is understood that the proposed rule was rejected because taking such protective action would have required an attorney to disclose a client’s confidential information in contradiction of the attorney’s duty under Business and Professions Code 6068, subdivision (e). Read More

Categories : Law PracticeTags : #mindfulminute

Mindful Communication

On March 30, 2022March 30, 2022 By sdcountybar

By Phillip Stephan

Pause. As attorneys, we are inherently attuned to the power of words. We seek to use them to persuade, to disarm, to indicate, and for other functions related to our practices. More than a few practitioners in our legal community have a way with words. The main goal of the words in this article is to persuade you to embrace the absence of words: not silence, but rather active listening, sincere consideration, and creating the space for dialogue by ensuring your partner in conversation has finished their thoughts and felt heard. Read More