Tag: #legalethics #ethics

Ethics in Brief: How to Start 2025, A New Year Suggestion

By: Edward J. McIntyre

New Year’s Day has come and gone. With it, family gatherings, festivities, football. We’re back at work, facing 2025. But, before getting knee-deep in our practices, clients, and other stuff, consider taking a short break to start the year on the right foot—or left, if you wish. Read More

Don’t Try to Contract Around the Rules of Professional Conduct (a Cautionary Tale)

By Katie Parker

Imagine the scenario – you’ve met with a potential client, and he has a promising personal injury case. You’re excited to take it on. You’ve just started building your PI practice, and this case looks like a great next step for you. But, your initial conversations have raised a few concerns. In particular, you fear you may have some “client control” issues, and you worry he may present difficulties when it comes to agreeing to a reasonable settlement proposal. As you spoke with him, you sensed more than a bit of stubbornness, and he seemed to have strong opinions about the law and the value of his case.   Read More

Ethics in Brief — Balancing Ambition and Ethics: Knowing When to Say No as an Attorney

By Stacy Plotkin-Wolff

You are sitting at your desk, organizing the many tasks for the three trials scheduled next month, your family obligations, and your volunteer work. You wonder how you will get it all done when you receive an email inviting you to be an attorney scorer at the mock trial competition finals. Shortly after, your supervisor enters your office and wants you to take on two more high-profile cases. What do you do? You are ambitious, have a strong work ethic, and hate saying no. You want to take on those new opportunities, but can you handle all of them without violating your ethical duties?  Read More

Ethics in Brief: Have You Been Charged or Convicted of a Misdemeanor or Felony? Beware: Your License to Practice Law May be at Risk

By David C. Carr

A lot of business before the State Bar Court consists of dealing with lawyers convicted of crimes. It is an area that does not receive a lot of attention from the public or even lawyers. These so-called “C” cases (after the letter that appears in the middle of the case designation after the year) travel down a different procedural path than “O” cases, cases that result from complaints filed with the Office of Chief Trial Counsel (OCTC) of the State Bar, or other information acquired by the OCTC that leads to the opening of an investigation.  Read More

Ethics in Brief: The “Snitch Rule” is now the Law, Under the Rules of Professional Conduct

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. Read More

Ethics in Brief: Ethical Pitfalls Arise When Pursuing a Client Agreement that Impedes a State Bar Investigation

By Alara Chilton

When a client files or threatens to file a State Bar complaint alleging a lawyer’s ethical misconduct, a lawyer may be tempted to impede a State Bar investigation by seeking to negotiate an agreement that shields the lawyer from the State Bar’s ability to investigate and prosecute a lawyer’s ethical misconduct.  Such agreements are intended to ensure a client’s or former client’s silence regarding the alleged misconduct. However, a lawyer’s efforts to enter into such an agreement may run afoul of Business and Professions Code section 6090.5.  Read More

Ethics for New Lawyers: Changes to California’s Civil Discovery Rules Have Ethical Implications 

Ethics for New Lawyers: Changes to California’s Civil Discovery Rules Have Ethical Implications

By Eric Deitz

Since the California Supreme Court approved comprehensive revisions to the Rules of Professional Conduct in 2018, the duty of competence has been preeminent among the obligations imposed. Subdivision (b) of Rule 1.1 includes a two-part definition of competence: “For purposes of this rule, “competence” in any legal service shall mean to apply the (i) learning and skill, and (ii) mental, emotional, and physical ability reasonably necessary for the performance of such service.”  Read More

Ethics in Brief: The First Amendment on Trial in State Bar Court

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. Read More