By Anne Rudolph
Rule 1.15, titled “Safekeeping Funds and Property of Clients and Other Persons” directs in paragraph (a) that all funds received or held by a lawyer or law firm for the benefit of a client … including advances for fees, costs and expenses, shall be deposited in a client trust account.
By Charles Berwanger
The reader is asked to picture a fictional settlement conference of a lawsuit. Present is the client representative, defendant Ajax Corporation’s General Counsel, and Ajax’s Defense Counsel. They are in a breakout room while the mediator talks with Plaintiff’s Counsel and plaintiff in another breakout room.
By Michael J. Crowley
Blame it on former torts megastar Tom Girardi and his confederates, coupled with his wife, Erika Jayne, star of Real Housewives of Beverly Hills. Girardi’s alleged theft of millions from clients’ trust accounts led to adverse publicity, and a push from the California legislature which led to action by the State Bar instituting the so-called “snitch rule.” Rule of Professional Conduct 8.3. We all suffer due to the actions of a few.
By Edward McIntyre
You’re approached after church one Sunday. “Would you serve on a board the church has established to oversee church finances?” Cornered, you reluctantly agree. “But even though I’m a lawyer, I won’t serve as the board’s or church’s lawyer. Clear?” “Yes, quite clear.”
By Katie Parker
As noted in a recent Ethics in Brief column (here), an attorney’s persistent lack of civility can have concrete financial consequences. In the case at issue there, the California Court of Appeal affirmed the trial court’s reliance on lack of civility in reducing an attorney’s fee award. The Court observed that plaintiff’s counsel’s “beratement of opposing counsel and belittling of the trial court were unnecessary to advocate zealously” on his client’s behalf. Snoeck v. ExakTime Innovations, Inc., 96 Cal. App. 5th 908, 925 (2023).
By Valerie Silverman Massey
Scenario: As a senior or supervising attorney, you are preparing to file a document with a court. A more junior attorney prepares the document using prior office writings/research or conducting new research and preparing the document from scratch. Your name is on the caption and the signature line.
By David C. Carr
Introduction
The First Amendment guarantees free speech, which is one of our most cherished freedoms. Yet, as we all know, it is not absolute. Recently, the First Amendment has played a more significant role in the jurisprudence of lawyer discipline. Lawyers, after all, are speech warriors. Fueled by new and more effective modes of communication and the breakdown in norms of restraint, First Amendment issues are coming to the surface more often in State Bar Court. This leads to different results as the nuances of the First Amendment collide with the professional obligations of the lawyers. This edition of “Ethics in Brief” briefly examines three recent decisions of the State Bar Court where the First Amendment was raised as a defense.
By Edward McIntyre
Macbeth turned to Sara and Duncan “Pete Moore, a friend, and my go-to AI guru, asked if we could meet. Said it was urgent. I told him to come right over. Are you both free for a few minutes?”
