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?
Category: Legal Ethics
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.
Wu v. O’Gara Coach Co., LLC (2019) 38 Cal.App.5th 1069
Should the court disqualify a lawyer and the lawyer’s firm based on the lawyer’s previous engagement as an adversary’s executive and playbook knowledge.
Can You Rely On What Your Client Tells You to Avoid Malicious Prosecution?
Typically, a client provides the lawyer with information that the lawyer otherwise finds plausible, and the lawyer files a lawsuit based on the evidence from the client. Opposing counsel may make an assertion that the lawyer should dismiss the case as lacking merit, given the contrary evidence. Under such circumstances, what are the ethical obligations of the lawyer?
Monster Energy v. Schechter (2019) 7 Cal.5th 781 – Supreme Court of California (July 11, 2019)
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?
The New Ethics Rule 1.5.1 Regarding Fee Divisions Among Lawyers
The California Rule of Professional Conduct [CRPC] Rule 1.5.1, took effect November 1, 2018, and regulates fee sharing by lawyers who are not in the same law firm. Rule 1.5.1 includes pure “referral” fees, as well as where the attorneys share work on the case.
The Crux of the Issue: What is Rule 5.4, and Should it Be Changed?
The brouhaha over Rule 5.4 means that change is not likely to move as swiftly as in some other states like Utah and Arizona, states much further along in opening up the guild to participation by non-lawyers.
Don’t Geofence Me In: The New Frontier of Location-based Attorney Advertising
By identifying where you are, where you’ve been and how you got there, your phone can also infer your needs — including your need for legal services.
Different Folks, Different Strokes
Jessica and Brett are starting practice together. Today, they will discuss potential billing models with a senior attorney, Macbeth.