Sometimes a small dose of civility has a tremendous long-term effect. When I first started practicing, I had a pretty nice string of law-and-motion victories. In part, that was because I had been tossed a few softballs; the supervising lawyers at my firm realized that morale in their newer lawyers was important.
This article was originally published in the November/December 2021 issue of San Diego Lawyer Magazine.
This article was originally published in the November/December 2021 issue of San Diego Lawyer Magazine.
It was 1980-something, and I was fascinated by stories about the Marine Corps. That was probably related to my father’s service. One film that stood out to me was Heartbreak Ridge. That was in no small part due to Clint Eastwood’s character, Gunnery Sergeant Tom Highway. For those who are not familiar with the film but know the actor’s work, imagine what kind of personality you would expect from the character. Have it in mind? Yep, that’s exactly it.
By Edward McIntyre
Many jurisdictions adopted a version of ABA Model Rule 1.14 to give guidance when lawyers must confront obligations to a client with diminished decision-making capacity. Our Rules Revision Commission submitted a proposed version of rule 1.14 to the Supreme Court that attempted to reconcile the Model Rule’s approach with unique California obligations, including our obligations of confidentiality.[1] The Court did not adopt proposed rule 1.14. The need for guidance, however, about ethical obligations to clients with diminished capacity remains. The State Bar’s Committee on Professional Responsibility and Conduct (COPRAC) stepped forward with a recent formal opinion.[2]
This article was originally published in the November/December 2021 issue of San Diego Lawyer Magazine.
This article was originally published in the November/December 2021 issue of San Diego Lawyer Magazine.
Some people describe the changing of leadership as the passing of a baton. That is especially true in an organization like this, where presidential terms are limited to a single year.