Category: Legal Ethics

By Valerie Silverman Massey

In the recent case of Kaushansky v. Stonecroft Attorneys, APC, (Cal. Ct. App., Mar. 14, 2025, No. B317069) 2025 WL 814965, reh’g denied (Mar. 27, 2025), the court addressed a crucial aspect of professional conduct by examining the emotional distress suffered by a client due to the conduct of their attorney. Plaintiff, Kaushansky, filed a breach of fiduciary duty action (amongst others) against her former attorney, Stonecroft Attorneys, APC, after the attorney withdrew from representation. Read More

By Stacy Plotkin-Wolff

“Lawyers who know how to think but have not learned how to behave are a menace and a liability to the administration of justice.” Excerpts From the Chief Justice’s Speech on the Need for Civility, New York Times, May 19, 1971, Page 28. More than fifty years later, the California State Bar proposed amendments to the California Rules of Professional Conduct, including Rules 1.2 and 8.4, and the introduction of new Rule 8.4.2 to specifically address civility. The California Supreme Court is poised to adopt these long-debated civility rules, which would make California the fifth state to adopt such rules. What are the proposed rules, how will they be enforced, and who will enforce them? Read More

By David C. Carr

Two years ago, the State Bar implemented the Client Trust Account Protection Program (CTAPP). The aim of CTAPP is to deter client trust account misconduct through the imposition of a layer of regulation on top of the discipline system. The advent of CTAPP is part of the fallout from the Girardi scandal. Girardi was able to move money between trust and business accounts, that helped to conceal his theft. Of course, this problem did not begin with Girardi. One legal review article referred to misappropriation from the client trust account as “the perfect crime.” Client trust account misconduct can be difficult to detect. Requiring the reporting of client trust account overdrafts has been helpful in detecting misconduct. It is ineffective for detecting the practice flush with money that has been paying the last client settlement with a current client’s settlement money. “Robbing Peter to Pay Paul” can go on for a very long time as long the cash flows in, just as in a Ponzi scheme. But when something stops the cash flow, the whole thing falls apart quickly. This is what happened to Girardi. Read More

By: Edward J. McIntyre

New Year’s Day has come and gone. With it, family gatherings, festivities, football. We’re back at work, facing 2025. But, before getting knee-deep in our practices, clients, and other stuff, consider taking a short break to start the year on the right foot—or left, if you wish. Read More

By Charles Berwanger

The purpose of this article is to provide a skeletal outline of the State Bar’s disciplinary process and recommendations for dealing with it. Read More

By Katie Parker

Imagine the scenario – you’ve met with a potential client, and he has a promising personal injury case. You’re excited to take it on. You’ve just started building your PI practice, and this case looks like a great next step for you. But, your initial conversations have raised a few concerns. In particular, you fear you may have some “client control” issues, and you worry he may present difficulties when it comes to agreeing to a reasonable settlement proposal. As you spoke with him, you sensed more than a bit of stubbornness, and he seemed to have strong opinions about the law and the value of his case.   Read More

By Stacy Plotkin-Wolff

You are sitting at your desk, organizing the many tasks for the three trials scheduled next month, your family obligations, and your volunteer work. You wonder how you will get it all done when you receive an email inviting you to be an attorney scorer at the mock trial competition finals. Shortly after, your supervisor enters your office and wants you to take on two more high-profile cases. What do you do? You are ambitious, have a strong work ethic, and hate saying no. You want to take on those new opportunities, but can you handle all of them without violating your ethical duties?  Read More