By Edward J. McIntyre
We tend to think of our obligations under the Rules of Professional Conduct as personal duties specific to our own conduct. And, indeed, the rules prescribe permissible conduct for California lawyers. Those obligations, however, stretch beyond what each of us may or must do and say.
By Megan M. Moore
When we become curious, we are more likely to listen deeply and learn from a neutral place. As we get more curious, we better understand our own and others’ behavior, as well as the positive intentions behind that behavior.
I have been around a lot of discussions about leadership lately. In consecutive weekends, our board had its annual retreat and then I attended the California Lawyers Association leadership conference. And, as referenced below, the San Diego County Bar Association launched its leadership academy, a project that has been years in the making. During one of my many conversations, somebody solicited some leadership secrets, a phrase that triggered my memory of a fun read from many years ago.
By David C. Carr
A State Bar Court hearing judge filed her decision this week recommending the disbament of Thomas V. Girardi.
By Sarcout “Sed” Zangana
When the COVID-19 pandemic hit us unexpectedly, accompanied by stay-at-home orders and newfound limitations on social gatherings, many of us in the legal community wondered what we could do to stay engaged with our community during uncertain times.
Sometimes a small dose of civility has a tremendous long-term effect. When I first started practicing, I had a pretty nice string of law-and-motion victories. In part, that was because I had been tossed a few softballs; the supervising lawyers at my firm realized that morale in their newer lawyers was important.
This article was originally published in the November/December 2021 issue of San Diego Lawyer Magazine.
This article was originally published in the November/December 2021 issue of San Diego Lawyer Magazine.
It was 1980-something, and I was fascinated by stories about the Marine Corps. That was probably related to my father’s service. One film that stood out to me was Heartbreak Ridge. That was in no small part due to Clint Eastwood’s character, Gunnery Sergeant Tom Highway. For those who are not familiar with the film but know the actor’s work, imagine what kind of personality you would expect from the character. Have it in mind? Yep, that’s exactly it.
By Edward McIntyre
Many jurisdictions adopted a version of ABA Model Rule 1.14 to give guidance when lawyers must confront obligations to a client with diminished decision-making capacity. Our Rules Revision Commission submitted a proposed version of rule 1.14 to the Supreme Court that attempted to reconcile the Model Rule’s approach with unique California obligations, including our obligations of confidentiality.[1] The Court did not adopt proposed rule 1.14. The need for guidance, however, about ethical obligations to clients with diminished capacity remains. The State Bar’s Committee on Professional Responsibility and Conduct (COPRAC) stepped forward with a recent formal opinion.[2]
