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.
Category: Legal Ethics
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.
United States District Court and State Bar Discipline
Does discipline in the United States District Court subject a lawyer to State Bar discipline?
COVID-19 Has Altered the Practice of Law, but Not Your Ethical Obligations
Although the San Diego Superior Court is scheduled to reopen for more than emergency services on May 26, 2020, the changes wrought by COVID-19 upon the legal profession will reverberate for the foreseeable future.
LegalMatch.com — A Business Model in Jeopardy?
LegalMatch.com is and has been a popular online service for some 20 years. It’s days, at least in California, however, may be at risk.
When Shelter-in-Place Becomes Practice-in-Place – Avoiding Confidentiality Pitfalls While Practicing Law from Home
As the legal profession adjusts to the “new normal” while working from home, it is the lawyer’s responsibility to learn how to ethically use new technology and navigate the potential pitfalls to avoid violating the duty of confidentiality.
Fee Arbitration: Tips and Reminders
If a client chooses to pursue a fee dispute with their current or former attorney, the client may compel the attorney to participate in mandatory fee dispute arbitration.