Moving Up: But With Caution
Moving Up: But With Caution An opportunity suddenly appears: You’re a solo practitioner or in a small firm. You have the chance to join a larger firm — where the prospects appear brighter —...
Category: Legal Ethics
When My Client’s Capacity is Diminished: What May I Do? What Must I Do?
By Edward McIntyre Many jurisdictions adopted a version of ABA Model Rule 1.14 to give guidance when lawyers must confront obligations to a client with diminished decision-making capacity. Our Rules Revision Commission submitted a...
Fundamental To California Rules Of Ethics Is Lawyer Guidance To Clients On The Legality Of Client Conduct
A Pending California State Bar Opinion Explains And Gives Guidance On Lawyer Ethical Duties By Charles Berwanger Lawyers are often put into the position of knowingly (or even unknowingly) receiving client direction to, for...
Efferin Deans and the Boundaries and Evolution of the Practice of Law
By Jessica Park and Andrew Servais The California State Bar recently seized the client files of Efferin Deans, a man with a 25-year history of impersonating attorneys and two prior convictions of identity theft.[1] On...
Ethical Considerations for Pro Bono Representation
Ethical Considerations for Pro Bono Representation One of the most rewarding aspects of an attorney’s job is providing pro bono services to those in need.[1] Though not required, lawyers are encouraged to provide pro...
Rule 1.2.1: Hired Guns Or Client Gatekeepers?
By David C. Carr Lawyers owe many ethical duties to their clients. Most of these duties are bottomed on the fiduciary nature of the attorney-client relationship. But lawyers also owe ethical duties to the judicial system...
Pick the Wrong Test, Be Held in Contempt
By Edward McIntyre A Central District of California grand jury issued subpoenas to a company and its lawyers related to a criminal investigation of the company’s owner, also a client of the lawyers. The subpoenas...
Legal Ethics for New Attorneys: Trump’s Attorneys’ Fiasco
Legal Ethics for New Attorneys: Trump’s Attorneys’ Fiasco Time for a Review of an Attorney’s Ethical Duties to Tell the Truth, Show Candor Toward the Tribunal, Provide Counsel Only on Legal or Just Matters,...
Release of The “Pandora Papers” is a Good Reminder of Attorney Duties Where There is a High Probability a Client is Seeking Advice to Commit a Crime
By Andrew A. Servais With the recent release of the “Pandora Papers,” renewed attention is focused on corporate ownership transparency. The so-called Pandora Papers release from the International Consortium of Investigative Journalists (ICIJ) has outlined the...
California Dreaming: Remote Extrajurisdictional Practice
By David C. Carr The great California lawyer, writer, and historian Carey McWilliams referred to the Golden State as “the great exception.”[1] In legal ethics as in so many other things, that description holds up....