Tag: #legalethics #ethics

ChatGPT Ethics Case Summary

By Brandon Kimura

Artificial Intelligence has long been imagined by both science and popular culture. With the release of ChatGPT to the public, AI is now reality and its potential application in every industry is evolving daily. The law is no exception. From applying AI to discovery, to allowing AI to argue in court, AI is here, as are the ethical issues that arise from its use. Thankfully, while the problems AI poses may be novel, at least some of the ethical answers appear to be comfortably traditional. Read More

Legal Ethics and Artificial Intelligence

By Timothy Casey

Modern artificial intelligence tools offer the promise of quick and efficient solutions to complex questions. General applications such as OpenAI’s ChatGPT, Microsoft’s Bing A.I., Google’s Bard and law specific applications such as CaseText’s CoCounsel are based on advanced, deep-learning, language-based artificial intelligence. These applications use generative artificial intelligence that analyzes massive data sets to provide natural language responses to questions submitted by human users. While these tools may offer advantages over existing computer assisted research tools such as Lexis and Westlaw, there are unseen dangers as well. Read More

The New “Snitch Rule” in California

By Irean Z. Swan

A couple of weeks ago, on June 22, 2023, the Supreme Court of California unanimously approved the new Rules of Professional Conduct rule 8.3, or better known as the “snitch rule.” Before June 22, 2023, California was the only state that did not adopt the “snitch rule” in the ABA Model Rule 8.3, or a version of this rule.  The Court’s decision was based on one of two alternatives (they picked Alternative Two), which my colleague on the Legal Ethics Committee, Mallory H. Chase, discussed in this article. Read More

Not Enough Money

By Mitchell L. Lathrop

Howard Horror (“Howard”)1 was busily representing four very important clients in a lawsuit, Evers et al. v. Jones Company. The Evers case arose because Jones Company had the audacity to fire Howard’s clients for excessive talking while on the job and the unauthorized accessing of sensitive communications between the Jones Company CEO and its lead outside counsel, Josephine Smith. Howard’s clients had learned that Jones Company was in financial difficulty, but Howard was not worried because Jones Company had employment practices liability (EPL) insurance. Even his clients’ signing of a non-disclosure agreement (NDA) with Jones Company wasn’t cause for concern. After all, the information they gave Howard was extremely valuable for use in the Evers case. Read More

Attorneys as Bankers

Attorneys as Bankers

By Michael L. Crowley

I don’t know about you, but I didn’t go to law school to become a banker.[1] However, when you raised your hand to become an attorney, you agreed to abide by a 150-page manual of accounting principles that applies to client trust accounts called the Interest on Lawyers’ Trust Accounts (IOLTA). Read More

Ethical Considerations and Fee Arbitration

Ethical Considerations and Fee Arbitration

By Mitchell L. Lathrop

Nearly all new engagements for legal services should include a written agreement which spells out the terms and scope of the engagement, the fees to be charged and their means of computation if something other than a straight hourly or fixed-fee arrangement, the identity of the client, and any limitations on the engagement. When contingent fees are involved, Business & Professions Code section 6147 imposes a number of requirements, including a written agreement. Read More

More, More, More: The Future of Lawyer Regulation in California

More, More, More: The Future of Lawyer Regulation in California

By David C. Carr

As flowers follow spring rain, scandal involving government regulation (or a lack of regulation) inevitably creates more regulation. So it is with the State Bar of California as we enter the third year of Girardi-gate. Read More