Categories : Legal Ethics
Family Ties That Bind
In this edition of the Ethics Column from San Diego Lawyer, attorney Macbeth guides us through the lawyer-witness rule.
Categories : Legal Ethics1 Comment
Your Client Doesn’t Decide Whether You Should Be Courteous
Next time a colleague asks you for a courtesy extension of some deadline, remember, the decision is most likely yours, not your client’s.
Categories : For New Attorneys Legal Ethics1 Comment
When is a Lawsuit Frivolous?
Every lawyer knows it is unethical to file a frivolous lawsuit. However, the answer to the question of whether a lawsuit – or a defense to one – is frivolous, is not always easy or obvious.
Categories : Legal Ethics
Can’t I Tell Them?
The attorney-client privilege deals with communication. By contrast, our confidentiality obligation covers all information acquired in relation to the representation. From whatever source. Even if it’s public.
Categories : Legal Ethics
An Alternative to State Bar Discipline: A Program to Salvage Careers
Lawyers commit misconduct—an obvious fact evidenced by the discipline cases the Office of Chief Trial Counsel reports annually and decisions of the State Bar Court and California Supreme Court. But misconduct does not always mean severe discipline: suspension or disbarment even.
Categories : Legal Ethics
One or Many: How Many Clients Do You Have?
When a business lawyer represents a group of surgeons from a major corporation, who is his client?
Categories : Legal Ethics
Ethical Responsibility for Managing and Supervising Attorneys
The start of a new year offers an opportunity to take stock of where we’ve been over the past twelve months and where we’d like to be at the end of the new year. With 2020 behind us, we hope for a better year in 2021. To be sure, one place we don’t want to be in 2021 is on the wrong side of a disciplinary action!
Categories : Legal Ethics
Pro Hac Vice Admission to Represent an Organization May Not Extend to Current and Former Employees
What is the scope of representation permissible under pro hac vice admission authorizing representation of an organizational defendant? Can such counsel also represent current and former employees of the company?
Categories : Legal Ethics2 Comments
Judicial Battles Over the Presidential Election: Do Ethical Constraints Apply?
In the past weeks, the Attorneys General of several states, repaired to the courts to challenge (and defend) the presidential election results. Were there ethical constraints on them?
Categories : Legal Ethics
All in the Family
One purpose of the advocate-witness rule is to prevent factfinder confusion: is an advocate-witness’s statement to be considered proof or argument?