Category: Legal Ethics

The Importance of Client Communications – Tips for Young Attorneys   

Ethics for New Lawyers 

The Importance of Client Communications – Tips for Young Attorneys   

By Michael L. Crowley
Crowley Law Group

Inadequate client communication is typically one of the top complaints to the State Bar every year. This is unfortunate because keeping clients informed of developments in the representation is one aspect of the practice of law we can actually control.   Read More

Application of CRPC 1.15 to Government Lawyers

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

Recent Decision Confirms Importance of Ensuring Preservation of Evidence

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

The California Rules of Professional Conduct: An Overview; Rule Changes in 2023; and Prognostications for 2024

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

Technology and Generative AI

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

Rule 1.18 Imposes Duties Owed To A Prospective Client, But Not All Communications Result in a Person Becoming A Prospective Client

By Anne Rudolph

Lana Lawyer has a plaintiff’s personal injury practice. She does not maintain an internet web site and does not otherwise engage in advertising. However, her e-mail address is published on the State Bar of California membership records website accessible to the public.  Read More