New Rule of Professional Conduct 3.10 – Threatening Criminal, Administrative or Disciplinary Charges
“A lawyer shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.”
Category: Legal Ethics
When Relevant Documents Have Been Concealed
In litigation, what are a lawyer’s ethical obligations when offered evidence retained by a former employee of the opposing party who reveals that relevant documents have been concealed from production?
Monster Energy v. Schechter
Can a lawyer’s signature on a settlement agreement under the notation that the lawyer approved the written agreement as to form and content evidence the lawyer’s intent to be bound by the agreement’s confidentiality provisions that extended to both the parties and their lawyers?
How Not to Get Your Name “In Lights”
Courts will enforce our ethical obligations to refrain from harassment, sexist or otherwise, and require true professionalism in addressing courts and judicial officers.
Successor Lawyers and Contingent Fees
In a contingent fee case, when a successor lawyer from one firm replaces a former lawyer from another firm, must the successor lawyer tell the client in writing that a portion of any contingent fee earned may be paid to the former lawyer?
Telling True Stories: How to Prepare Witnesses — Ethically
Macbeth advises a young attorney on preparing witnesses with the help of Rules of Professional Conduct and Business and Professions Code.
Ethical Considerations When Responding to Negative Attorney Reviews
One day, you receive a notification that a former client posted a negative review on a free website that rates attorneys. The review by “Maxy” states: He was just hungry for money!
Judges’ Social or Close Personal Relationships with Lawyers or Parties as Grounds for Disqualification or Disclosure
Under what circumstances must judges disqualify themselves or make disclosures based on personal relationships?
The Duty to Communicate — A Two Way Street
Rule of Professional Conduct 1.4, effective now for a year, has made explicit some duties never stated in former rule 3-500. The new portion of the rule calls for a conversation between lawyer and client about the tripartite relationship among: (1) the client’s objectives; (2) the means the lawyer has available to achieve them; and (3) the resources—financial as well as personal—the client can devote.
The Duty to Communicate — A Two Way Street
Rule of Professional Conduct 1.4, effective now for a year, has made explicit some duties never stated in former Rule 3-500.