“Succubistic” Lawyer Files Federal Action to Enjoin Discipline
Division 3 of the Fourth District Court of Appeal made headlines in February 2019 with its decision in Martinez v. O’Hara (2019) 32 Cal.App.5th 853
Category: Legal Ethics
ABA Issues Formal Opinion 493 to Explain the Purpose, Scope, and Application of Model Rule 8.4(g) Prohibiting Harassment and Discrimination
California lawyers must redouble their efforts to comply with and discharge their ethical duties to each other and the public by avoiding conduct that violates Rule 8.4.1.
In the Matter of Dean Edward Smart
Do two felony convictions, one for assault with force likely to produce great bodily injury and the other for discharging a firearm with gross negligence, involve moral turpitude?
A Lawyer’s Ethical Obligation to Convey Settlement Offers and Abide by the Client’s Decision (Even When It Hurts)
This article offers an instructive opportunity to review an attorney’s fundamental ethical obligations to convey settlement offers and abide by the client’s decision even where it may result in the attorney losing a significant part or all of his or her fees.
Recent Opinion Helps Define Written “Consent,” and Limits Admissibility of Oral Testimony, for Fee Sharing Agreements
Many attorneys rely on referral fees for a significant portion of their revenue. If you clicked the link to read this article, one of those attorneys may be you.
Make Sure Your Referral Fees are Enforceable
A recent opinion from the Third District Court of Appeal serves to remind attorneys of the requirements that must be satisfied in order to have a valid and enforceable referral fee arrangement.
American Bar Association Standing Committee on Ethics and Professional Responsibility Formal Opinion 490
What obligations do judges have in terms of inquiring into a litigant’s ability to pay court fines, fees, bail, or other charges?
ABA Issues Formal Opinion on Attorney Duties Where There is a “High Probability” a Client is Seeking Advice to Commit a Crime
In its recent Formal Opinion 491, issued April 29, 2020, the American Bar Association (“Opinion 491”) provided a strong reminder to lawyers that they may not always rely solely upon a client’s word.
In the Matter of Paquin
Is a lawyer-client relationship necessary for a lawyer to be disciplined for failure to perform legal services competently or for aiding and abetting the unauthorized practice of law?
United States District Court Ethics Enforcement: In the Matter of Gregory Melvin Haynes Lies a Cautionary Tale for Attorneys.
On February 11, 2020 the State Bar Court of California Review Department in the Matter of Gregory Melvin Haynes upheld the State Bar Hearing Judge’s finding that misconduct committed by attorney Haynes found by the federal court to require his disbarment from practicing before the Northern District.