By Charles Berwanger
This article discusses an attorney’s ethical duty of honesty not only in all aspects of the law practice but in all personal matters as well. It also presages the California Legislature’s imposition on attorneys the ethical duty to report to the State Bar another attorney’s act of dishonesty.
Whether newly admitted or highly experienced, working in a small firm or a large firm, or practicing in litigation or transactional law — an attorney in a law firm is likely to become involved in the handling of an existing matter for a firm client at some point. In the process of becoming familiar with the history of the file, the newly added attorney may find they are acting as a Monday morning quarterback, which may include questioning the positions and actions of others involved in the litigation, including the opposing party, other counsel, the Court — or perhaps another attorney within their own firm. When concerns arise regarding this latter category, attorneys must remain mindful of their professional obligations and the ethical limitations pertaining to client disclosures and conflicts of interest.
Alison Adelman, Esq., juggles many priorities as a practicing attorney and a new mother. Adelman is an attorney at the San Diego office of Ogletree Deakins. Her practice primarily focuses on employment defense cases, including harassment, discrimination, and retaliation claims. She appreciates the delicacy and complexity of her cases.
Happy New Year NLD Members!
Stephanie Pengilley here, NLD’s Chair for the 2023 year. I am excited for what this year holds and the events that are to come. Last year, NLD coordinated several engaging events and received the SDCBA’s Section Recognition and Achievement certificate for Variety of Activities. As Chair, I hope to continue NLD’s accomplishments of putting on intriguing and thoughtful events.
By Timothy Casey
This article responds to an earlier article that argued against adoption of American Bar Association Model Rule of Professional Conduct 8.3. (See, David C. Carr, Model Rule 8.3: The Argument Against, Ethics in Brief, November, 2022).
By Amy J. Lepine
At this time of year when everybody’s making New Year’s resolutions and setting goals, big and small, I’m making a vow to do something different every day. It’s a resolution I can keep, and one that will be good not only for my head, but also for my general well-being.
