Tagged: #ethicsinbrief

“A lawyer shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.”

Courts will enforce our ethical obligations to refrain from harassment, sexist or otherwise, and require true professionalism in addressing courts and judicial officers.

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!

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.

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?

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.

Are you meeting your ethical obligation of supervision? Do the policies and procedures in your firm meet the requirements defined in the new California Rules of Professional Conduct? How does your firm ensure that new lawyers and nonlawyers comply with ethical standards?

Court striking defense counsel’s closing argument in high-stakes talcum powder trial shows the consequences for attorneys failing to abide by their duties to tribunals and opposing counsel.

The new California Rules of Professional Conduct necessitate changes from the customary business arrangement by criminal defense attorneys with their clients.

Until November 1, 2018, California was the lone hold out state that had not yet adopted some version of the ABA Model Rules. And while we had our own statutes that addressed attorney misbehavior on personal time, we did not formally have our own version of the ABA Misconduct rule.