New rules concerning lawyer advertising or use of lawyer referral services (LRS) have been enacted as of January 1 that make profound changes in the law. For decades the rules concerning advertising and LRS were only weakly enforced by the state bar. One of the important parts of the new legislation is that it provides for private rights of action. This includes statutory damages and recovery of attorney fees along with injunctive relief. Read More
Somewhere along the way, you may have been taught that to be an effective attorney for your clients, you need to put on a tough front. You’re taught to be the aggressive, trailblazing lawyer who fights for their clients like a warrior. Loyal, brave, and true. But within that, we often forget that at the end of the day, we’re simply human. We all feel the weight of being the person who puts the needs of others before our own. Read More
Every new attorney-client engagement must begin with a conflict check. In this process, the law firm endeavors to discover whether it has ever represented any of the parties involved in the matter prior to the potential client. An ineffective conflict check can lead to disqualification after months (or years) of time and effort invested in the client’s matter, not to mention fee disputes and complaints to the State Bar. Read More
Around a conference table at the SDCBA Bar Center, lawyers with decades of experience gathered to discuss a pressing question of how do we build better mentorship in the profession? The conversation was led by Janet Sobel, chair of the SDCBA’s Senior Advisors Section, one of the newest sections of the bar association. The section’s mission is simple but ambitious: Connect experienced attorneys who want to share their knowledge with lawyers who are looking for guidance. Read More
Many of you might remember Bradwell v. Illinois, 83 U.S. 130 (1872), from your law school days. The Supreme Court held that the Privileges and Immunities Clause did not guarantee a right to practice one’s chosen profession and upheld Illinois’s decision to deny Myra Bradwell admission to the bar solely because she was a woman, declaring that a woman’s “paramount destiny and mission” was to fulfill the roles of wife and mother.Read More
Many attorneys now rely on AI tools to draft pleadings, summarize materials, or evaluate legal theories before consulting Lexis and Westlaw. While its speed and convenience are undeniable, AI is no white knight—its outputs can be inaccurate or biased, client information can be compromised, and overreliance may erode a lawyer’s independent professional judgment. These risks place every day AI use squarely at the intersection of emerging technology and a lawyer’s ethical duties to their client. Read More