Lawyers, Linedrawers and Gatekeepers
There are many fraught areas of legal ethics, but few that match the tension that is reflected in California Rule of Professional Conduct 1.2.1
Tagged: #ethicsinbrief
Fee Sharing and Insurance Disclosure
In Hance v. Super Store Industries, 2020 WL 373070, (Jan. 23, 2020), the Court of Appeal for the Fifth District addressed two important ethics rules involving fee sharing and disclosure to the client regarding whether an attorney has legal malpractice insurance.
When Bad Things Happen to Your Data
We are repositories of vast amounts of client confidential information — from both current and former clients.
Ethical Implications of Client Testimonials
An attorney’s obligations become more ambiguous when it comes to reviews made by clients on websites maintained by a third party.
New Rule of Professional Conduct 3.10 – Threatening Criminal, Administrative or Disciplinary Charges
“A lawyer shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.”
How Not to Get Your Name “In Lights”
Courts will enforce our ethical obligations to refrain from harassment, sexist or otherwise, and require true professionalism in addressing courts and judicial officers.
Ethical Considerations When Responding to Negative Attorney Reviews
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!
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.
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?
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.