Categories : Legal Ethics
You Want to Record What? Think twice before pressing record
By Edward McIntyre, Cartoon by George Brewster Jr.
Categories : Legal Ethics
The New Rule 4.1 “Truthfulness in Statements to Others”
By Richard D. Hendlin
When the new and revised Rules of Professional Conduct become effective on November 1, 2018, California will finally join the other 49 states which have already adopted some version of American Bar Association (ABA) Model Rule 4.1 “Truthfulness in Statements to Others.” California’s Rule 4.1 provides:
Categories : Legal Ethics
Internet-Based Marketing Programs: Be Selective
By Jennifer Gilman
On May 10, 2018, the California Supreme Court approved a comprehensive set of New Rules of Professional Conduct (New Rules) for California lawyers, which take effect November 1, 2018. Many attorneys are contemplating what the New Rules will mean for them in their everyday practice. In his article “What New Rules? I Barely Know the Old Ones,” Ed McIntyre discussed some of the key changes and highlighted areas where the practice of litigation will see significant changes.
Categories : Legal Ethics
Countdown to the New Rules of Professional Responsibility
By Patrick Kearns
We’re almost there! For regular readers of Ethics in Brief, or for that matter anyone who follows legal ethics in some manner, you’re seeing a lot of articles and information about our new rules of professional conduct. On November 1, 2018, these new rules will go into effect and replace, supplement, and in some instances change our existing rules entirely.
Categories : Legal Ethics Wisdom
Demand Letters: Where Do You Draw the Line?
By David Carr
There is probably no bad time to discuss the ethics of extortionate demand letters, but this time may be better than most. These ethics may seem a little paradoxical, much like the crime of extortion itself – how can I be criminally liable for threatening to do something that is perfectly legal for me to do? But a close reading of authority shows that lines can be drawn that an attorney should not cross.
Categories : Legal Ethics
Ethically Withdrawing from Representation
By Carole Buckner
Properly withdrawing from representation pursuant to applicable rules, ethics opinions and case law can reduce the risk of a legal malpractice claim. On November 1, 2018, California’s revised Rules of Professional Conduct will become effective, and the current Rule 3-700 governing withdrawal will be replaced with new Rule 1.16.
Categories : Legal Ethics
The New “Candor” Rule — A Changed Landscape
By Edward McIntyre
On November 1, 2018, all California lawyers face a challenge. New and revised Rules of Professional Conduct become effective. “Trick or treat” the day after Halloween.
Categories : Legal Ethics
Ethical Departures: Obligations to Clients When Attorneys Change Firms
By Marianne Barth
Years ago, attorney mobility referred to an attorney’s rise in the firm’s ranks from law clerk to associate, to junior partner, to equity partner. Today attorney mobility refers to the ritual of attorneys changing firms on a regular basis to improve one’s financial and equity status.
Categories : Legal Ethics
Could a Robot Do This?
No, legal ethics involves moral judgment
By Edward McInytre, Cartoon by George Brewster Jr.
Categories : Current Topics Legal Ethics
New Rules of Professional Conduct The California Supreme Court Has Acted
By Edward McIntyre
By an order filed May 10, 2018, the California Supreme Court changed California’s legal ethics landscape.