Author: San Diego County Bar Association

Categories : Law Practice President's MessageTags :

President’s Message: March 28, 2022

On By sdcountybar

When I first began volunteering as a temporary judge, my mother-in-law asked me how often I got to use the “little hammer.” I correctly concluded that she was referring to a gavel, and probably had in her mind something that was a different size than what I held in a picture that recently appeared on the cover of San Diego Lawyer. When I responded, my mother-in-law was visibly aghast to learn that not only did I not use one at all, but that I also could not recall seeing one in the courtrooms I had appeared in across the state. That conversation perhaps reflects one of the challenges faced by members of our bench: a misperception about what a judge’s role is and should be. Read More

Categories : President's MessageTags :

President’s Message: March 14, 2022

On By sdcountybar

In a few days, we will celebrate St. Patrick’s Day. The holiday can trigger several potential topics that are relevant to our profession. Those could conceivably include different historical views about whether a governmental entity’s celebration of such a holiday involves an inappropriate co-mingling of church and state. Or we could consider the impact that an activity often associated with the day — alcohol consumption — has had on our profession, something that ironically yields some sobering thoughts. But, for me, it also serves as a reminder to celebrate the American immigration story. Read More

Categories : President's MessageTags :

President’s Message: March 7, 2022

On By sdcountybar

This past week, Lent began. When I was a child, somebody shared with me their perception that it was basically a second opportunity at a New Year’s resolution, except that it covered only 40 days, rather than 365. As my friend noted, giving up things that are generally not good for you may be more an act of self-care than a manifestation of religious devotion. Read More

Categories : WellnessTags :

Mindful Minute: Take the Scenic Route

On By sdcountybar

By Heidi Weaver

“Scenic Route.” Do you ever see those signs on the side of the highway and think to yourself, “I wonder where that road goes? I wish I had time to take the off ramp and find out. How fun and exciting would that be?” Time being the ultimate luxury, I can count on very few fingers the times in my life when I have spontaneously changed course and taken the scenic route. Recently though I have discovered that it only takes a couple of minutes to incorporate “scenic routes” into my day and in so doing to add a lot of sensory enjoyment to my workaday life. Read More

Categories : Law PracticeTags :

Lawyers’ Obligation of Candor to Opposing Parties and Third Parties

On By sdcountybar

By Deborah Wolfe

Lawyers have always had a duty to be honest and truthful pursuant to general ethical principles, as well as the State Bar Act. The newest version of the Rules of Professional Conduct, effective November 1, 2018, provides more specific guidance to lawyers relative to this duty. Rules 1.2.1, 1.6, 3.4, 4.1, 4.2, 4.3,7.1 through 7.5, and 8.4 are all implicated in this duty, as well as Business & Professions Code (“B&P”) sections 6068(d), 6106, and 6128, among others. This discussion will focus on the B&P Code sections, violations of which constitute cause for disbarment or other State Bar sanction, including but not limited to suspension, fines, and re-taking the Professional Responsibility examination. Read More

Categories : President's MessageTags :

President’s Message: February 28, 2022

On By sdcountybar

In The Lost Lawyer, a book first published in 1993, Anthony Kronman described an idealized figure, the lawyer statesman. Such an individual is “possessed of great practical wisdom and exceptional persuasive powers, devoted to the public good but keenly aware of the limitations of human beings and their political arrangements.” That is, the lawyer-statesman is distinguished from other lawyers by “extraordinary devotion” to the public good, and “wisdom in deliberating about it.” Although Kronman bemoaned that such an ideal had become increasingly rare, there were and are people who exemplify it. Read More

Categories : Legal EthicsTags :

“But It’s a Public Record!”

On By sdcountybar

By Timothy Casey

This issue of Ethics in Brief covers an attorney’s duty of confidentiality and a commonly held misconception regarding a “public records” exception to the duty of confidentiality. The misconception may stem from a conflation of the ethical duty of confidentiality with the evidentiary rule about the attorney-client privilege. In sum, there is no public records exception to the duty of confidentiality, although information revealed in a public record may not be privileged. Read More