Author: San Diego County Bar Association

Responsible Communication with Clients

Rule of Professional Conduct 1.4 imposes a duty on lawyers to communicate with their clients. Whether the attorneys choose to do so through emailing, texting, telephoning, or drafting letters, each of those options is likely available through the phone that often resides in the lawyer’s purse or pocket.

Touche Pas; “No Contact Rule” Revisited

Twice in six months, the Court of Appeal, Fourth Appellate District, Division One, reversed San Diego trial courts that disqualified lawyers—or the whole City Attorney’s Office—for violation of Rules of Professional Conduct, former rule 2-100, current rule 4.2, prohibiting communication with a represented party or person without the other lawyer’s consent: the “no contact rule.”

A Judicial Cri De Coeur On Civility

Appeal moves against the trend, blending its logic and authority with a passionate viewpoint that laments the lost civility of the profession. At the same time, the decision cites law that hints at potential ways to enforce civility rules that heretofore have had only the force of a bully pulpit.

The Ethics of “Speaking Objections”

Most lawyers who have some deposition experience have probably experienced a “speaking objection.” Sometimes these speeches are just annoying; sometimes, they amount to an obstruction of the deposition process.