By Megan M. Moore
In moments of stress or frustration, you might notice you don’t want to feel this way and then double down by telling yourself that you shouldn’t feel this way, or that you got yourself into this mess to begin with. Now you’re feeling stressed and bad about yourself. Sound familiar?
By Jeff Michalowski
In recent years, amicus briefing has played an increasingly significant role in appellate practice. This is true, of course, in blockbuster Supreme Court cases like Dobbs (in which 133 amici filed briefs) and Obergefell (in which 149 amici filed briefs). But amicus briefs consume more and more of practitioners’ time in the intermediate appellate courts as well, and occasionally in the trial courts, too. Consider Kitchen v. Herbert, 755 F.3d 1193 (10th Cir. 2014) (identifying 257 amicus briefs in same-sex marriage case). See also Allison Orr Larsen, “The Amicus Machine,” 102 Virginia Law Review 1901 (2016) (noting the increased use of amicus briefs, and increased citation to amicus briefs in opinions).
On September 28, 2022, the American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 502, which addresses a pro se lawyer’s obligations under ABA Model Rule 4.2 (Communication with Person Represented by Counsel). This rule — often referred to as the skip counsel, no-contact, or anti-contact rule — prohibits a lawyer from communicating “about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or court order.”[1]
Greeting NLD Members,
Stephanie Pengilley here, your vice chair. I am looking forward to becoming the division’s chair in just a few short months. This year NLD has put on many successful and educational events. September was not short of events. Early in the month NLD hosted a speed networking event, where members were able to network with senior attorneys. At the end of the month, NLD co-sponsored a “Pathways to Careers in Criminal Law” panel with the Criminal Law Section. Speakers presented several opportunities on how to obtain jobs the criminal law field. By collaborating with other sections NLD has been able to offer more events to its members this year.
On a recent cool afternoon on Coronado, John L. Pittman III was proudly sporting his Pepperdine Law sweatshirt when he struck up a conversation with a stranger about his legal education.
When I passed the bar in 2009, the economy was in deep recession, and the public defender’s office where I had hoped to work (and most such offices statewide) froze hiring. I hung out my shingle, temporarily, I thought. Thirteen years later, I have always worked for myself, never straying from my mission of defending the criminally accused. I have helped over 150 incarcerated folks, mostly lifers in California prisons, gain their freedom. I’ve guided hundreds more along their journey towards freedom.
Picture this: you are cruising down California Highway 163 on a clear morning with your windows down, music blasting. You are driving to the gym, trying to hype yourself up for a killer workout to kick off the morning. Then, suddenly, you look in your rear-view mirror and see bright red and blue lights flashing. Your heart suddenly drops out of your chest and you quickly lower the music. Many thoughts race through your head: what did you do? What will the police officer say to you? And what can you do to expedite this unpleasant encounter as quickly as possible? The officer starts by asking you, “Do you know why I pulled you over?” You feel pressured to answer quickly and honestly. For most people, these series of questions come rapid-fire before you are sent on your way with a court date for a traffic infraction. The whole encounter feels like a blur, but you go on about your day.
Negotiations and settlements are an everyday occurrence in the legal profession. Tax implications are often overlooked in settlement discussions and negotiations yet often play a large part of the overall settlement.
Mark Simpliciano is a resilient young attorney who is currently an Associate Attorney with Garcia Hong Law APC, a San Diego civil law firm that focuses on business litigation, employment, professional liability, legal ethics, and personal injury. With Mark’s experience in employment law, he has been given a more active role on handling some of the firm’s employment matters, which includes assisting business clients with consultation and formation.
By David C. Carr
American Bar Association (ABA) Model Rule 8.3 provides that “a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.” Despite being adopted by most, if not all, American jurisdictions, Rule 8.3 has not been adopted in California. A California version was considered by the Commission for the Revision of the Rules of Professional Conduct but not adopted as part of the Commission’s recommended set of rules. The drafting team memo sets forth this analysis:
