Author: San Diego County Bar Association

The Lawyer’s Duty to Communicate Settlement Offers in Civil Matters

By Shelly Skinner

California’s legal ethics rules are designed to protect the public and the integrity of the legal system, while promoting the administration of justice and confidence in the legal profession. Cal. Rule of Prof. Conduct 1.0. Attorney candor is crucial to achieving these aims. While the legal ethics rules set forth many aspects of the duty of candor, this article will focus on the duty to communicate settlement offers in civil matters. Read More

ABA Formal Opinion 501 Provides Guidance for Attorneys Enlisting or Accepting the Assistance of Others in Generating New Client Contacts

By Mallory H. Chase

Although nonlawyers are not directly governed by the California Rules of Professional Conduct (see CRPC, rule 1.0(a) [the “rules are intended to regulate professional conduct of lawyers through discipline”] [emphasis added]), rule 8.4 provides that it is professional misconduct for a lawyer to “violate these rules or the State Bar Act, knowingly* assist, solicit, or induce another to do so, or do so through the acts of another[.]”[1] (CRPC, rule 8.4(a).) Additionally, under CRPC, rule 5.3, managerial and supervisory lawyers must make reasonable efforts to ensure the conduct of nonlawyers who are employed by, retained by, or associated with the lawyer is compatible with lawyer’s professional obligations. Among those professional obligations is the prohibition on certain types of solicitations, as delineated in CRPC, rule 7.3.[2] Read More

President’s Message: April 25, 2022

Have you ever wondered why entrance to our profession takes the path it does? The historical context for the current licensing system is largely traceable back 101 years to the 1921 Report of the Special Committee to the Section of Legal Education and Admissions to the Bar of the American Bar Association chaired by Elihu Root. That was a time when there was only a single transcontinental telephone line, most Americans were still getting their first phone, Route 66 was just being planned, and the primary form of mass transportation was via train or ocean liner. As such, legal problems and customs were naturally more colloquial, and the rules, consequently, presumed that a lawyer would practice law only in and about one state. Accordingly, there was likely little discussion about uniformity in standards or reciprocity in admissions. Read More

President’s Message: April 18, 2022

Whether working on a case with a client or as part of volunteer service, I spend a lot of time in meetings. I love when meetings go smoothly. There is consensus regarding what priorities should be and the solutions we should employ to achieve our objectives. No feelings are hurt; the organization moves in the direction that everybody wants. The discussion goes quickly. And I get home sooner to see my wife and kids. Read More

President’s Message: April 11, 2022

Tomorrow, our directors will meet to select two people to be appointed to fill vacancies on our board. It really is a wonderful opportunity. Each fall, our membership does a fantastic job of selecting outstanding lawyers to join our ranks. I have had the privilege of being able to work alongside existing friends and to meet several new people. Each has been extraordinary. But there is one challenge in that task. When a third of the board is being replaced and there is a fairly large field of candidates to choose from, there is sometimes difficulty in figuring out what the overall composition of the board will be. Read More

President’s Message: April 4, 2022

At the San Diego County Bar Association’s judicial reception last week, I enjoyed the opportunity to talk with a lot of my favorite colleagues in our legal community, as well as to meet some new faces. Some who particularly impressed me were several first-year law students. They not only attended the event, but also significantly engaged with other guests. When I was a law student, that gregarious approach with members of the bar was not in my nature. Maybe, back then, I felt it was too hard to find common ground, or maybe I just did not then realize the importance of it. But the concept of this being a profession that is most effectively practiced by those with strong, established relationships is one that has been reinforced seemingly every day of my career. Read More

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

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

Mindful Communication

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