Category: Legal Ethics

By Andrew Servais

It is no secret that on November 1, 2018, California lawyers will be subject to multiple new Rules of Professional Conduct, which, in most cases will be based on the ABA Model Rules of Professional Conduct.  A conversion table between the new and old California Rules of Professional Conduct can be found on the State Bar website at:  http://www.calbar.ca.gov/Portals/0/documents/rules/Cross-Reference-Chart-Rules-of-Professional-Conduct.pdf Read More

By David Carr 

One of most fundamental ethical rules is that lawyers must be competent in the provision of legal services.  It is the very first substantive rule in the ABA Model Rules of Professional Conduct (Model Rules) and the very first rule in the new California Rules of Professional Conduct (Rule 1.1) that become effective on November 1, 2018. Read More

By Robert Bryson

Young lawyers are always looking for ways to increase their revenue. Most of us would like to rely solely on retaining clients but, as anyone with a small practice knows, there are spurts of intense work followed by lulls that can last weeks. Lawyers have a variety of skills that translate into other industries. For example, writing. Something I did to fill the gaps was online marketing and SEO through online content. There are three situations in which lawyers may provide non-legal services: Read More

By Edward McIntyre

Come November 1, 2018, life will change for all of us. Read More

By Marianne Barth

You recently opened your own law office specializing in family law, and are scheduled to meet with your first client, Winnie, who is interested in having you prepare a prenuptial agreement as to her upcoming marriage to Harry. Winnie’s father, Dan Morebucks, believes that in the event the marriage does not work out, Winnie should be awarded spousal support of $20,000/month, full custody of his anticipated grandchildren, and title to the to-be-purchased family residence. Dan Morebucks, a very wealthy man, will be paying all of Winnie’s legal fees and costs related to the preparation of the prenuptial agreement. Read More

By Gary Schons

The California Attorney General recently issued an opinion addressing both the attorney ethics and legal conflicts implications posed when an attorney who serves as an elected public official — in the case at hand, a city councilmember — has a client whose interests are adverse to the city. Read More

By Anne Rudolph

Pursuant to Business and Professions Code section 6068, subd. (e), an attorney must maintain inviolate a client’s confidences.  The only exception in that statute is that an attorney may, but is not required to, reveal confidential information to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.  But, the Evidence Code and applicable case law provide that the rules applicable to disclosure of a client’s confidences change after the client dies. Read More