One Word Change Can Make a Big Difference

By Michael L. Crowley

As most practitioners know by now, there was a major revision of the Rules of Professional Conduct in 2018 that govern us all. One controversial change was to Rule 4.2 (previously Rule 2-100) that was only the change of one word. The one-word change is highlighted in the title of the Rule. It went from “Communication With a Represented Party” in Rule 2-100 to “Communication with a Represented Person” in new Rule 4.2. The change replaced “Party” with “Person.” Read More

Engagement Letters: Some Ethical Considerations

By Mitchell L. Lathrop

Professional ethics require that at the outset of the attorney-client relationship, the client is made aware of the nature and scope of the attorney’s responsibilities, usually through an engagement letter. Few things are as important in today’s law practice as engagement letters. Inadequate or poorly drafted engagement letters can spell real problems for the lawyer. Boilerplate terms can also be a source of trouble for the lawyer or firm utilizing them. Limited engagement letters are problematic when the limited scope is not followed. When the lawyer exceeds the scope of a limited engagement, the limited engagement letter will not protect the lawyer in subsequent legal malpractice proceedings. (Astral Brands v. Boyd, 2021 U.S. Dist. LEXIS 114224, 2021 WL 2448358 (N.D. Ga. Apr. 28, 2021). As the court pointed out in Piscitelli v. Friedenberg (2001) 87 Cal.App.4th 953, 983, “An attorney’s duty to his or her client depends on not only the existence of an attorney-client relationship, but also the scope of the duties assumed by the lawyer.” Where an agreement for legal services violates the Rules of Professional Conduct, it may be declared unenforceable.(Chambers v. Kay (2002) 29 Cal.4th 142 (enforcement of a fee division agreement undertaken without written client consent held unenforceable on the ground that the arrangement violated the Rules of Professional Conduct).) Read More

Reviewing Rule 4.2’s “No Contact” Rule Prohibiting Communication with a Represented Person Without that Person’s Lawyer’s Consent

By Richard D. Hendlin

This Ethics in Brief will focus on the venerable “no contact” rule set forth in California Rules of Professional Conduct [CRPC] Rule 4.2 which had its origin in the first rules promulgated in 1928.[i] Read More

New Requirements Will Affect the Handling of Client Funds and Property in 2023

By Eric R. Deitz

Changes to the Rules of Professional Conduct accompany the coming new year, and consistent with the duty of competence (Rule 1.1)[1], California attorneys must apprise themselves of the same. Two important and related changes take effect January 1, 2023, and affect a lawyer’s obligation to communicate (Rule 1.4) and to safely handle client funds and property (Rule. 1.15). Read More

It’s OK if You Don’t Feel Joyful During the Holidays

By Julie Thorpe-Lopez

Paradoxically, the pressure to be joyful during the holidays sometimes eviscerates the actual experience of joy. In addition to the regular stress of our jobs, family, and personal obligations, we are bombarded with pressures to celebrate, whether we actually celebrate a particular holiday or not. Adding to this already overflowing plate of stress is traveling or hosting guests, shopping, financial pressures, and spending time with extended family — with whom we may or may not positively connect. When things don’t go the way the holidays look in commercials or on social media (most of which is really unachievable unless your profession is “TV producer” or “social media influencer”), we feel a sense of failure. When our kids are going bananas without a regular school routine for three or four weeks, we feel like we are blowing it as parents. Plus, we’ve all endured a years-long pandemic and have been in fight-or-flight adrenaline overload for much longer than humans were made to endure. We still have tremendous political divisiveness permeating the media — another stressor that crops up with the extended family time we are expected to put in. It’s no surprise that joy and peace don’t always come easily during this time. Read More