All in the Family
One purpose of the advocate-witness rule is to prevent factfinder confusion: is an advocate-witness’s statement to be considered proof or argument?
Category: Legal Ethics
No Adverse Inferences May be Drawn from a Refusal to Disclose Attorney-Client Privileged Communication
The attorney-client privilege protects against compelled disclosure of confidential communication between an attorney and her client. The Evidence Code takes this protection a step further by prohibiting attorneys and judges alike from drawing negative inferences from the invocation of the privilege.
The Ethical Implications of Lawyers Informally Consulting Other Lawyers for Ethics Advice
Whether a newer or experienced lawyer, it may appropriate to seek guidance concerning one’s ethical and other obligations to clients.
Demand Letter: Be Aware of Ethical Traps
Ethical considerations place restrictions on what lawyers can and cannot communicate in a demand letter. This article will examine some of the ethical considerations specified in California Rule of Professional Conduct, 4.1 (Truthfulness to Others).
The Advocate-Witness Rule Applies to Pretrial Proceedings, Not Just at Trial
Ethical rules, statutes and case law prescribe and proscribe the conduct of California lawyers. In a recent decision, the Court of Appeal, Second District, interpreted the attorney-witness rule and concluded it applies not only at trial but also in the context of pretrial activities.
“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
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.