Day: May 13, 2024

Ethics in Brief: Ethical Pitfalls Arise When Pursuing a Client Agreement that Impedes a State Bar Investigation

By Alara Chilton

When a client files or threatens to file a State Bar complaint alleging a lawyer’s ethical misconduct, a lawyer may be tempted to impede a State Bar investigation by seeking to negotiate an agreement that shields the lawyer from the State Bar’s ability to investigate and prosecute a lawyer’s ethical misconduct.  Such agreements are intended to ensure a client’s or former client’s silence regarding the alleged misconduct. However, a lawyer’s efforts to enter into such an agreement may run afoul of Business and Professions Code section 6090.5.  Read More