An Ethical Hidden Gem of the San Diego County Bar Association

By Michael L. Crowley

Attorneys are confronted everyday with ethical dilemmas. Some we recognize, some we don’t. But the ones we recognize must be addressed and a good way to deal with it is to call the San Diego County Bar Associations (SDCBA) Ethics Hot Line. 

This resource is operated by the SDCBA’s ethics committee. As long as you are a SDCBA member, you may call 619-231-0781×4145. 

Here is how it works. You call the number with your issue. You leave your name; your bar number; your phone number, your question and any context that would be helpful. The question needs to be posed as a hypothetical.

The call is not privileged or confidential in the attorney-client sense as there is no attorney-client relationship formed by the call. Your identity will not be disclosed, and it is a good idea to review the ethics committee membership on the county bar website in case there is a conflict with a member of the committee that may be affected by your question. In that situation, just include the committee person’s name when contacting the hot line and that person will be recused from any discussion.

Discussion? One of the great things about the hot line, is it gives you access to some of the best ethical thinkers in the San Diego County bar. Here is what happens when your call is received. As noted above, your question must be in the form of a hypothetical. Your question is sent to the ethics committee member manning the hot line for the month you called and that person will give you a call back. The idea of the hotline is that you are not being given legal advice as if you hired an ethics lawyer, but because of our experience on the committee we can point you to the authorities that have the best chance of answering your question. Simple questions can often be answered by pointing to a Rule of Professional Conduct or a section of the Business and Professions Code.

More complicated questions are sent to the ethics committee list serve for discussion among the whole committee. This may lead to follow-up phone calls to you to help answer question(s). These may provide more nuanced research possibilities to answer questions. You may find you do need to hire ethics counsel for representation.

Many times, your questions lead to additional discussions among the whole committee at the monthly meeting. Often these discussions lead to the committee issuing formal opinions, articles such as this one or submissions to the San Diego Lawyer Magazine on the subjects. 

As a licensed attorney in California, you have an obligation to follow the Rules of Professional Conduct (RPC) and the applicable portions of the Business and Professions Code (6001.1 et seq.)

Rule 1.0(b) states a willful violation of the RPC “is a basis for discipline. Rule 8.4(a) states “It is professional misconduct for a lawyer to: violate these rules or the State Bar Act . . .

B&P code 6077 says a “willful breach of any of these rules, the board has power to discipline licensees of the State Bay by reproval, public or private, or to recommend to the Supreme Court the suspension from practice for a period not exceeding three years of licensees of the State Bar.”

Therefore, you have a duty to follow these rules and statutes. A valuable part of the hot line is that you can memo your client file with the direction you were given so that you have a record of your diligence in dealing with the ethical dilemma.