On Friday, July 9, 2022, the Honorable Linda Lopez of the United States District Court presented for the New Lawyer Division on some tips and tricks to use when operating in the federal courts.
You may recognize Judge Lorna Alksne from your living room. Or, possibly, your patio.
The U.S. Supreme Court’s recent Viking Cruises v. Moriana decision broadens the impact of PAGA claim arbitration clauses in employment agreements, potentially restricting the ability of employees in California to litigate claims under the Private Attorneys General Act.
By Michael L. Crowley
Nary a week goes by without your author being asked how long we have to keep our files in storage. I would like to be able to give you a definitive answer, but there isn’t one. The state bar’s Committee on Professional Responsibility and Conduct (COPRAC), however, is venturing into the area and you are likely not going to like it.
By David C. Carr
Independence is often referred to as one of the core values of the legal profession. This value is reflected in American Bar Association Model Rule 5.4, entitled “Professional Independence of A Lawyer.” Model Rule 5.4(a) provides that a “lawyer or law firm shall not share legal fees with a non-lawyer …” with some narrow exceptions. Model Rule 5.4(b) forbids a lawyer from forming a partnership with a non-lawyer “if any of the activities of the partnership consist of the practice of law.” Subsection (c) of the Model Rule states that a “lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.” Finally, Model Rule 5.4(d) says that a lawyer may not practice in the form of a professional corporation or other association if a non-lawyer holds any interest in the entity, is a director or similar member of the control group, or otherwise has the right to control the professional judgment of the lawyer. The rationale is that non-lawyers, unbound by the lawyer’s professional obligations, may make decisions that are not in the clients’ best interest in the name of more profit for the business entity.
By Marta Manus, Leadership Coach and Workplace Culture Consultant
By Amy J. Lepine
This single line from Desiderata expresses the basic reason I practice at wellness. The habits that we cultivate in our lives, whether consciously or not, are very powerful. Most often, we are not aware of the patterns of the mind. We’ve developed shortcuts for our perception that rob us of the true import of the moment. But in the same way, developing positive habits that bring us back to the present moment can erase those tendencies and bring us closer to reality, and wellbeing.
By Anne M. Rudolph
The business of being a lawyer is not unlike other businesses in the sense that we rely on satisfied customers (clients) to establish, build and maintain a successful practice. Word of mouth and recommendations are an integral part of that process. In the modern age, online review sites have become ubiquitous. Avvo, Google, Martindale-Hubbell, and Yelp, are some of the most well-known on which someone can post a review of a lawyer’s services.
Hello all:
My name is Hannah Theophil, and I am honored to serve on the New Lawyer Division’s Executive Committee where I help organize networking and social events for new lawyers in the greater San Diego area. I graduated from Northeastern University School of Law in 2019 and moved from Boston to San Diego shortly thereafter to begin practicing law. I am in my second year of practice.
Whether you are a new lawyer or highly experienced in the practice of law, referrals of legal work are central to developing a successful law practice. This article addresses some of the important ethical considerations in giving and receiving referrals of legal work.
