Apparently, in 2022, despite years of progress and women entering the legal profession at a rate of 51% compared to men, misogyny is alive and well — though perhaps less overtly than was tolerated in the past. However, the current Rules of Professional Conduct (RPC), in effect since Nov. 1, 2018, provide for the State Bar to take disciplinary action against lawyers engaging in discriminatory conduct of any kind against anyone when acting in their capacity as a lawyer. The former RPC dealing with virtually all types of unlawful discrimination by lawyers, 2-400, was a weak and rarely-used basis for discipline, and only applied to the “management or operation” of a law practice. Specifically, a 2-400 violation was not even actionable by the Office of Chief Trial Counsel unless it was first “found to be unlawful by an appropriate civil administrative or judicial tribunal under applicable state or federal law. Until there is a finding of civil unlawfulness, there is no basis for disciplinary action under this rule.”Read More
“Seek mindfulness.” This persistent mantra echoes in the wellness community. Thought leaders in the business, healthcare, and yes, even legal communities, preach mindfulness as a necessary solution to nearly all present-day challenges. If mindfulness was a prescription drug, it would be proliferating our healthcare system as a zero-risk cure-all for every ailment. Read More
I am honored to serve on the New Lawyer Division’s Executive Committee where I help organize continuing legal education presentations for new lawyers in the San Diego area. I graduated from California Western School of Law in 2018, and I am an associate at Gordon Rees Scully Mansukhani LLP. I am in my fourth year of practice.Read More
Every lawyer who litigates will sometimes disagree with judicial decisions in their cases — often strongly so. And nearly all lawyers will sometimes disagree with decisions of the Supreme Court or courts of appeal on questions of profound social importance — sometimes vehemently so.Read More
By Daniela Lagunas Schwartz Semerdjian Cauley & Evans LLP
“Few things in life are as satisfying as pursuing justice for those that need it the most,” says Tyler Barclay about why he is passionate about being a public defender.Read More
By Matthew Spolsky Ford, Walker, Haggerty & Behar, LLP
On Friday, July 9, 2022, the Honorable Linda Lopez of the United States District Court presented for the New Lawyer Division on some tips and tricks to use when operating in the federal courts.Read More
To Arbitrate, or Not to Arbitrate: Viking Cruises v. Moriana
By Thomas Livingston Freeman Mathis & Gary, LLP
The U.S. Supreme Court’s recent Viking Cruises v. Moriana decision broadens the impact of PAGA claim arbitration clauses in employment agreements, potentially restricting the ability of employees in California to litigate claims under the Private Attorneys General Act.Read More
Nary a week goes by without your author being asked how long we have to keep our files in storage. I would like to be able to give you a definitive answer, but there isn’t one. The state bar’s Committee on Professional Responsibility and Conduct (COPRAC), however, is venturing into the area and you are likely not going to like it. Read More
