SanDiegoBlawg

Category: Legal Ethics

Legal Ethics

Ethics in Brief: Ethical Pitfalls Arise When Pursuing a Client Agreement that Impedes a State Bar Investigation

By Alara Chilton

When a client files or threatens to file a State Bar complaint alleging a lawyer’s ethical misconduct, a lawyer may be tempted to impede a State Bar investigation by seeking to negotiate an agreement that shields the lawyer from the State Bar’s ability to investigate and prosecute a lawyer’s ethical misconduct.  Such agreements are intended to ensure a client’s or former client’s silence regarding the alleged misconduct. However, a lawyer’s efforts to enter into such an agreement may run afoul of Business and Professions Code section 6090.5.  Read More

Legal Ethics

Ethics in Brief: The First Amendment on Trial in State Bar Court

By David C. Carr

Introduction

The First Amendment guarantees free speech, which is one of our most cherished freedoms. Yet, as we all know, it is not absolute. Recently, the First Amendment has played a more significant role in the jurisprudence of lawyer discipline. Lawyers, after all, are speech warriors. Fueled by new and more effective modes of communication and the breakdown in norms of restraint, First Amendment issues are coming to the surface more often in State Bar Court. This leads to different results as the nuances of the First Amendment collide with the professional obligations of the lawyers. This edition of “Ethics in Brief” briefly examines three recent decisions of the State Bar Court where the First Amendment was raised as a defense. Read More

For New Attorneys / For the Record / Legal Ethics

The Importance of Client Communications – Tips for Young Attorneys   

Ethics for New Lawyers 

The Importance of Client Communications – Tips for Young Attorneys   

By Michael L. Crowley
Crowley Law Group

Inadequate client communication is typically one of the top complaints to the State Bar every year. This is unfortunate because keeping clients informed of developments in the representation is one aspect of the practice of law we can actually control.   Read More

Legal Ethics

Application of CRPC 1.15 to Government Lawyers

By Khodadad “Ko” Sharif

Does California Rules of Professional Conduct, Rule 1.15, entitled “Safekeeping Funds and Property of Clients and Other Persons,” govern government agencies that are holding funds for third parties in a civil forfeiture proceeding? More specifically, should cash received or held in civil forfeiture proceedings by the Office of the District Attorney be deposited in one or more identifiable bank accounts labeled “Trust Account?” Read More

Legal Ethics

Recent Decision Confirms Importance of Ensuring Preservation of Evidence

By Andrew Servias

In a lawsuit against a School District involving a sexual assault, a video potentially relevant to the litigation was not preserved by the defendant. As a result, the plaintiff sought terminating sanctions. The trial court granted evidentiary, issue, and monetary sanctions, but refused terminating sanctions relying on an exception in Code of Civil Procedure section 2023.030 (f)(1) which provides that: Read More

Legal Ethics

The California Rules of Professional Conduct: An Overview; Rule Changes in 2023; and Prognostications for 2024

By Charles Berwanger

The all-important Rules of Professional Conduct are intended to guide our lives as attorneys, and in some instances our personal lives, and with this new year it behooves all of us to re-familiarize ourselves with the Rules. The purposes of the Rules are to “protect the public, the courts, and the legal profession, protect the integrity of the legal system; and promote the administration of justice and confidence in the legal profession.” Rule 1.10. It continues that “the Rules of Professional Conduct are intended to establish the standards for lawyers for purposes of discipline….Therefore, failure to comply with an obligation or prohibition imposed by Rule is a basis for invoking the disciplinary process.” Read More