How Long Do You Have to Keep Your Files?
By Michael L. Crowley 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...
Category: Legal Ethics
Legislature Chills Non-Lawyer Participation in Providing Legal Services
By David C. Carr Independence is often referred to as one of the core values of the legal profession. This value is reflected in American Bar Association Model Rule 5.4, entitled “Professional Independence of...
Can A Lawyer Respond to a Negative Online Review?
By Anne M. Rudolph The business of being a lawyer is not unlike other businesses in the sense that we rely on satisfied customers (clients) to establish, build and maintain a successful practice. Word of...
The Lawyer’s Duty to Communicate Settlement Offers in Civil Matters
By Shelly Skinner California’s legal ethics rules are designed to protect the public and the integrity of the legal system, while promoting the administration of justice and confidence in the legal profession. Cal. Rule...
ABA Formal Opinion 501 Provides Guidance for Attorneys Enlisting or Accepting the Assistance of Others in Generating New Client Contacts
By Mallory H. Chase Although nonlawyers are not directly governed by the California Rules of Professional Conduct (see CRPC, rule 1.0(a) [the “rules are intended to regulate professional conduct of lawyers through discipline”] [emphasis...
Cybersecurity and Ethics
Cybersecurity and Ethics What are our professional responsibility obligations when it comes to cyber risk? Comment [1] to Rules of Professional Conduct, Rule 1.1 (Competence) tells us that the duties set forth in the...
Beyond the Lord of the Dance: Extortionate Demand Letters
By David C. Carr The Fourth District Court of Appeal, Division 3, has a new opinion, Falcon Brands v. Mousavi & Lee L.L.P. (case no. G059477, filed 1/27/22), that adds to our knowledge of...
An Attorney May Obtain Advance Consent to Take Protective Action on Behalf of a Client Who Later Becomes Incapacitated
By Anne M. Rudolph In 2018, the Supreme Court rejected a proposed modified version of Model Rule 1.14 which would have allowed an attorney to take protective action if the attorney reasonably believed that...
A Lawyer’s Obligation of Candor
A Lawyer’s Obligation of Candor Lawyers have always had a duty to be honest and truthful pursuant to general ethical principles, as well as the State Bar Act. The newest version of the Rules...
When Does a Demand Letter Constitute Extortion?
When Does a Demand Letter Constitute Extortion? The court’s decision in Falcon Brands, Inc. v. Mousavi & Lee, LLP, 2022 WL 246851 (Jan. 27, 2022) provides insight for all lawyers regarding when settlement demands...