By Anne Rudolph Pursuant to Business and Professions Code section 6068, subd. (e), an attorney must maintain inviolate a client’s confidences. The only exception in that statute is that an attorney may, but is not...
By Eric Deitz The utility, portability and convenience of laptops, tablets and smartphones make them an integral part of our daily practice lives, but our reliance upon and the ubiquity of these devices requires...
By Kelly Knepper-Stephens Providing legal counsel to a California marijuana dispensary is a tricky business given the existing conflict between state and federal law.[1] The issues facing the marijuana industry require the same type of...
By David Carr Most attorneys are familiar with the ethical rules that govern our professional conduct to some degree. Most attorneys, however, don’t pay much attention to the processes that create ethical rules. There may...
By Charles Berwanger Imagine a client who during the course of your representation of her disputes your billings and your handling of her funds. Such a client may file a State Bar complaint potentially triggering...
By Edward McIntyre Macbeth sipped his Oban single malt, celebrating an appellate victory with Duncan and Sarah at Brennan’s Tavern. Fred Fox pulled an empty chair to their table — uninvited. “Macbeth, I’ve got...
By Timothy Casey Recent technological advances in artificial intelligence present new problems for society, and, in turn, for lawyers. Generally speaking, artificial intelligence describes the capacity of machines to perform the same complex cognitive functions...
By David Majchrzak California lawyers have a seemingly simple charge when it comes to billing. Rule of Professional Conduct 4-200 precludes them from agreeing to, charging, or collecting an illegal or unconscionable fee. Yet,...
By Edward McIntyre They come in pairs. A young couple who want an estate plan; two women who need a partnership formed; the employer who wants you to represent it and the accused supervisor/co-defendant; the...
By Richard Hendlin This Ethics in Brief will review California Rules of Professional Conduct [CRPC] Rule 5-100 which makes it improper for a California lawyer to “threaten to present criminal, administrative, or disciplinary charges to obtain...