Tag: ethics

Categories : Legal EthicsTags :

Ethics Rules, Conflicts, Waivers and Money

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By Edward J. McIntyre 

On August 30, the California Supreme Court decided Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Company, Inc. (2018) 6 Cal.5th 59. On all issues but one, the Court was unanimous; five justices, however, held that the law firm should be allowed to develop a record that it might be entitled to a quantum meruit fee award; Justice Chen and the Chief Justice disagreed and would have disallowed the firm any fees, including disgorgement of fees already paid. Read More

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Teaching Lessons: Students Rewrite the Rules of Professional Conduct in a Blank Slate

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By Edward McIntyre

A good friend asked me to lecture to her business ethics class at San Diego State University, mostly juniors and seniors. During class, she would mark the 54 students on “participation,” so I quickly scrapped the “lecture” idea. Instead, the class at large — from scratch and without advance acquaintance with our Rules of Professional Conduct — would develop a set of ethics rules for a profession. Lawyers. In little more than an hour. Read More

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Excessive Deposition Delays Without Sufficient Justification Leads to Terminating Sanctions

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By Carole J. Buckner

Creed-21 v. City of Wildomar, 2017 WL 5484032,provides salient reminders regarding complying with local rules, scheduling depositions and most importantly, complying with court orders to avoid sanctions. The case also implicates the ethical duty of competence in managing one’s schedule, even when emergencies may arise. Read More

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Amendments to California Evidence Code Will Require Attorneys Ensure Their Clients Understand that What Happens in Mediation, Stays in Mediation

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By Andrew Servais

An amendment to the California Evidence Code on mediation confidentiality will require attorneys representing clients in connection with mediation to provide written disclosures to their clients about mediation confidentiality beginning January 1, 2019. Read More

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The New Rules of Professional Conduct: What Lawyers Need to Know about New Rule 1.1 [Competence] and Rule 1.3 [Diligence]

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By Alara Chilton

With the November 1, 2018 effective date for California’s new Rules of Professional Conduct fast approaching, you may be wondering how new Rule 1.1 [Competence] and new Rule 1.3 [Diligence] will affect your practice. How do these rules differ from one another and what do they require of practitioners?  Here is a brief look at what attorneys need to know about these two new rules. Read More

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New Fingerprinting Rule

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By Deborah Wolfe

California attorneys need to know that as of June 1, 2018, all members of the California Bar are required to submit their fingerprints electronically to the State Bar. Most of us were fingerprinted (with real ink!) when we were sworn in as active members, but the Supreme Court ordered on May 23, 2018, that most actively practicing attorneys must be re-fingerprinted electronically by an approved Department of Justice Live-scan provider no later than April 30, 2019. Registered in-house counsel and foreign legal consultants need to submit fingerprints when renewing their registration by February 1, 2019. Failure of an attorney to comply with this Rule of Court, specifically Rule 9.9.5, by the deadline, subjects the attorney to monetary penalties, including potentially a license suspension (involuntary status change from “active” to “inactive”) until the requirement is met. Read More

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The New Rule 4.1 “Truthfulness in Statements to Others”

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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: Read More

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Demand Letters: Where Do You Draw the Line?

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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. Read More