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?
Categories : Legal Ethics
No Adverse Inferences May be Drawn from a Refusal to Disclose Attorney-Client Privileged Communication
The attorney-client privilege protects against compelled disclosure of confidential communication between an attorney and her client. The Evidence Code takes this protection a step further by prohibiting attorneys and judges alike from drawing negative inferences from the invocation of the privilege.
Categories : For New Attorneys Legal Ethics
The Ethical Implications of Lawyers Informally Consulting Other Lawyers for Ethics Advice
Whether a newer or experienced lawyer, it may appropriate to seek guidance concerning one’s ethical and other obligations to clients.
Categories : Legal Ethics
Demand Letter: Be Aware of Ethical Traps
Ethical considerations place restrictions on what lawyers can and cannot communicate in a demand letter. This article will examine some of the ethical considerations specified in California Rule of Professional Conduct, 4.1 (Truthfulness to Others).
Categories : Legal Ethics
The Advocate-Witness Rule Applies to Pretrial Proceedings, Not Just at Trial
Ethical rules, statutes and case law prescribe and proscribe the conduct of California lawyers. In a recent decision, the Court of Appeal, Second District, interpreted the attorney-witness rule and concluded it applies not only at trial but also in the context of pretrial activities.
Categories : Legal Ethics
“Succubistic” Lawyer Files Federal Action to Enjoin Discipline
Division 3 of the Fourth District Court of Appeal made headlines in February 2019 with its decision in Martinez v. O’Hara (2019) 32 Cal.App.5th 853