SanDiegoBlawg

Category: Legal Ethics

Legal Ethics

Ethics in Brief: Get Ready! Random Trust Account Audits Are Coming

By David C. Carr

Two years ago, the State Bar implemented the Client Trust Account Protection Program (CTAPP). The aim of CTAPP is to deter client trust account misconduct through the imposition of a layer of regulation on top of the discipline system. The advent of CTAPP is part of the fallout from the Girardi scandal. Girardi was able to move money between trust and business accounts, that helped to conceal his theft. Of course, this problem did not begin with Girardi. One legal review article referred to misappropriation from the client trust account as “the perfect crime.” Client trust account misconduct can be difficult to detect. Requiring the reporting of client trust account overdrafts has been helpful in detecting misconduct. It is ineffective for detecting the practice flush with money that has been paying the last client settlement with a current client’s settlement money. “Robbing Peter to Pay Paul” can go on for a very long time as long the cash flows in, just as in a Ponzi scheme. But when something stops the cash flow, the whole thing falls apart quickly. This is what happened to Girardi. Read More

Legal Ethics

Ethics in Brief: How to Start 2025, A New Year Suggestion

By: Edward J. McIntyre

New Year’s Day has come and gone. With it, family gatherings, festivities, football. We’re back at work, facing 2025. But, before getting knee-deep in our practices, clients, and other stuff, consider taking a short break to start the year on the right foot—or left, if you wish. Read More

Legal Ethics

Don’t Try to Contract Around the Rules of Professional Conduct (a Cautionary Tale)

By Katie Parker

Imagine the scenario – you’ve met with a potential client, and he has a promising personal injury case. You’re excited to take it on. You’ve just started building your PI practice, and this case looks like a great next step for you. But, your initial conversations have raised a few concerns. In particular, you fear you may have some “client control” issues, and you worry he may present difficulties when it comes to agreeing to a reasonable settlement proposal. As you spoke with him, you sensed more than a bit of stubbornness, and he seemed to have strong opinions about the law and the value of his case.   Read More

Legal Ethics

Ethics in Brief — Balancing Ambition and Ethics: Knowing When to Say No as an Attorney

By Stacy Plotkin-Wolff

You are sitting at your desk, organizing the many tasks for the three trials scheduled next month, your family obligations, and your volunteer work. You wonder how you will get it all done when you receive an email inviting you to be an attorney scorer at the mock trial competition finals. Shortly after, your supervisor enters your office and wants you to take on two more high-profile cases. What do you do? You are ambitious, have a strong work ethic, and hate saying no. You want to take on those new opportunities, but can you handle all of them without violating your ethical duties?  Read More

Law Practice / Legal Ethics

Ethics in Brief: Rule of Professional Conduct 5.6: It Is Unethical to Restrict the Right of a Lawyer to Practice

By Charles Berwanger

The reader is asked to picture a fictional settlement conference of a lawsuit. Present is the client representative, defendant Ajax Corporation’s General Counsel, and Ajax’s Defense Counsel. They are in a breakout room while the mediator talks with Plaintiff’s Counsel and plaintiff in another breakout room. Read More

Law Practice / Legal Ethics

Ethics in Brief: The “Snitch Rule” is now the Law, Under the Rules of Professional Conduct

By Michael J. Crowley

Blame it on former torts megastar Tom Girardi and his confederates, coupled with his wife, Erika Jayne, star of Real Housewives of Beverly Hills. Girardi’s alleged theft of millions from clients’ trust accounts led to adverse publicity, and a push from the California legislature which led to action by the State Bar instituting the so-called “snitch rule.” Rule of Professional Conduct 8.3. We all suffer due to the actions of a few. Read More

Legal Ethics

Ethics in Brief: How to be Civil — State and Federal Codes of Conduct Provide Guidance

By Katie Parker

As noted in a recent Ethics in Brief column (here), an attorney’s persistent lack of civility can have concrete financial consequences. In the case at issue there, the California Court of Appeal affirmed the trial court’s reliance on lack of civility in reducing an attorney’s fee award. The Court observed that plaintiff’s counsel’s “beratement of opposing counsel and belittling of the trial court were unnecessary to advocate zealously” on his client’s behalf. Snoeck v. ExakTime Innovations, Inc., 96 Cal. App. 5th 908, 925 (2023). Read More