By Khodadad “Ko” Sharif

Incivility may hit a litigant’s pocketbook. Read More

By Khodadad “Ko” Sharif

Does California Rules of Professional Conduct, Rule 1.15, entitled “Safekeeping Funds and Property of Clients and Other Persons,” govern government agencies that are holding funds for third parties in a civil forfeiture proceeding? More specifically, should cash received or held in civil forfeiture proceedings by the Office of the District Attorney be deposited in one or more identifiable bank accounts labeled “Trust Account?” Read More

By Andrew Servias

In a lawsuit against a School District involving a sexual assault, a video potentially relevant to the litigation was not preserved by the defendant. As a result, the plaintiff sought terminating sanctions. The trial court granted evidentiary, issue, and monetary sanctions, but refused terminating sanctions relying on an exception in Code of Civil Procedure section 2023.030 (f)(1) which provides that: Read More

Ethical Issues “On the Side” Employment Raises Read More

By Charles Berwanger

The all-important Rules of Professional Conduct are intended to guide our lives as attorneys, and in some instances our personal lives, and with this new year it behooves all of us to re-familiarize ourselves with the Rules. The purposes of the Rules are to “protect the public, the courts, and the legal profession, protect the integrity of the legal system; and promote the administration of justice and confidence in the legal profession.” Rule 1.10. It continues that “the Rules of Professional Conduct are intended to establish the standards for lawyers for purposes of discipline….Therefore, failure to comply with an obligation or prohibition imposed by Rule is a basis for invoking the disciplinary process.” Read More

The State Bar Acts to Impose on Attorneys Guidance for the Use of Generative AI and Future Continuing Education Requirements Regarding Technology in the Practice of Law

By Charles Berwanger

A December 6, 2023 New York Times’ edition’s first page’s headline announced “Nations Losing Race to Control Dangers of A. I.” The article continues with an internal headline: “Losing The Race to Control A. I.’s Perils – Alarmed by the power of artificial intelligence, Europe, the United States and others are trying to respond – but the technology is evolving more rapidly than their policies.” The article explains that “‘no one, not even the creators of these systems, know what they will be able to do,’ said Matt Clifford, an adviser to Prime Minister Rishi Sunak of Britain, who presided over an A. I. Safety Summit last month with 28 countries. ‘The urgency comes from there being a real question of whether governments are equipped to deal with and mitigate the risks.’ Read More

By Charles Berwanger

Practice law long enough and it will happen to you. You’ll learn, after the fact, that a witness on whom you were counting lied at a deposition. With trial looming, what do you do? Read More