Category: Legal Ethics

By Katie Parker

A frequent scenario: an attorney meets with a potential client about a matter, but then for any number of reasons they don’t end up forming an attorney-client relationship. Unsurprisingly, that meeting can potentially disqualify the attorney from representing another party to the matter they discussed. Two recent Court of Appeal decisions flesh out the parameters of the duties an attorney owes to a prospective client and provide guidance for lawyers to follow in client intake meetings.   Read More

By Khodadad “Ko” Sharif

For all intents and purposes, an attorney appointed by the court to represent a party is in an attorney-client relationship with the party and bound by the rules of professional conduct. On the other hand, an attorney appointed as a Guardian ad Litem (“GAL”) answers to the court, and represents the ward’s best interest, not their wishes. The GAL does not enjoy an attorney-client relationship with the ward and owes no duty of confidentiality except when the GAL is involved in a privileged matter. “A guardian ad litem is not a party to an action, but merely the representative of record of a party.” Estate of Cochems, 110 Cal. App. 2d 27, 29 (1952). The appointment of a GAL can be under Section 372 of the Code of Civil Procedure or Section 1003 of the California Probate Code. When a person, whether a minor or not, lacks the capacity to make decisions, if the court determines that the appointment of a GAL would help represent their best interest, then a GAL is appointed. “[T]he authority of the guardian ad litem in relation to the suit is equal to what would be the authority of the ward if he were an adult.” In re Guardianship of Price, 61 Cal. App. 592, 599 (1923). Additionally, the GAL is protected by the doctrine of quasi-judicial immunity. Read More

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