Understanding the Three Types of Microsoft Accounts: A Guide for Legal Professionals

In this series of tips, we will explore how Microsoft 365 can help law firms be more efficient, secure, and effective. To start, you need to know what kind of account you and/or your firm have. Your firm’s software and service subscriptions are a valuable business resource that you should understand well, just like your operating and trust accounts. 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