By Carole J. Buckner In People v. Toledano, 2019 WL 2577211 (June 24, 2019), the court addressed an important question of first impression, holding that the litigation privilege, California Civil Code Section 47, may...
Twice in six months, the Court of Appeal, Fourth Appellate District, Division One, reversed San Diego trial courts that disqualified lawyers—or the whole City Attorney’s Office—for violation of Rules of Professional Conduct, former rule 2-100, current rule 4.2, prohibiting communication with a represented party or person without the other lawyer’s consent: the “no contact rule.”
Appeal moves against the trend, blending its logic and authority with a passionate viewpoint that laments the lost civility of the profession. At the same time, the decision cites law that hints at potential ways to enforce civility rules that heretofore have had only the force of a bully pulpit.