SanDiegoBlawg

Yearly Archive: 2025

Law Practice

Are You a Lawyer? Want to Help and Support Youth Involved in the Child Welfare System? Guess What, You Can!

By Beth Ploesch

Who We Are and What We Do

Children’s Legal Services of San Diego, Inc. (CLS) provides legal representation for youth involved in juvenile dependency cases. CLS is appointed to represent the child by the juvenile court when a social worker files a petition alleging child abuse or neglect. As appointed counsel, the CLS attorneys serve as the attorney and guardian ad litem for the child throughout the dependency case. Typical litigation in the dependency case involves where the child lives, whether the family is getting adequate services, and also the child’s permanent plan, including reunification with family, adoption, or guardianship. In addition to representing children, CLS also represents former foster youth ages 18 to 21 who are participating in Extended Foster Care, a voluntary program to support the youth’s transition to adulthood. CLS currently represents approximately 1,700 youth throughout San Diego County. Read More

Legal Ethics

Ethics in Brief: Enforcing Civility

By Stacy Plotkin-Wolff

“Lawyers who know how to think but have not learned how to behave are a menace and a liability to the administration of justice.” Excerpts From the Chief Justice’s Speech on the Need for Civility, New York Times, May 19, 1971, Page 28. More than fifty years later, the California State Bar proposed amendments to the California Rules of Professional Conduct, including Rules 1.2 and 8.4, and the introduction of new Rule 8.4.2 to specifically address civility. The California Supreme Court is poised to adopt these long-debated civility rules, which would make California the fifth state to adopt such rules. What are the proposed rules, how will they be enforced, and who will enforce them? Read More

Legal Ethics

Ethics in Brief: Get Ready! Random Trust Account Audits Are Coming

By David C. Carr

Two years ago, the State Bar implemented the Client Trust Account Protection Program (CTAPP). The aim of CTAPP is to deter client trust account misconduct through the imposition of a layer of regulation on top of the discipline system. The advent of CTAPP is part of the fallout from the Girardi scandal. Girardi was able to move money between trust and business accounts, that helped to conceal his theft. Of course, this problem did not begin with Girardi. One legal review article referred to misappropriation from the client trust account as “the perfect crime.” Client trust account misconduct can be difficult to detect. Requiring the reporting of client trust account overdrafts has been helpful in detecting misconduct. It is ineffective for detecting the practice flush with money that has been paying the last client settlement with a current client’s settlement money. “Robbing Peter to Pay Paul” can go on for a very long time as long the cash flows in, just as in a Ponzi scheme. But when something stops the cash flow, the whole thing falls apart quickly. This is what happened to Girardi. Read More

Legal 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