Ethics in Brief: Enforcing Civility
By Stacy Plotkin-Wolff “Lawyers who know how to think but have not learned how to behave are a menace and a liability to the administration of justice.” Excerpts From the Chief Justice’s Speech on the...
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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...
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,...
The State Bar Enforcement of Ethics Rules:What Happens When the State Bar Knocks On Your Door?
By Charles Berwanger The purpose of this article is to provide a skeletal outline of the State Bar’s disciplinary process and recommendations for dealing with it. Foundational to the Rules of Professional Conduct is...
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,...
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...
Ethics in Brief: Have You Been Charged or Convicted of a Misdemeanor or Felony? Beware: Your License to Practice Law May be at Risk
By David C. Carr A lot of business before the State Bar Court consists of dealing with lawyers convicted of crimes. It is an area that does not receive a lot of attention from...
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...
Pervasive Incivility is a Negative Multiplier in Fee Calculations
By Khodadad “Ko” Sharif Incivility may hit a litigant’s pocketbook. In Snoeck v. ExakTime Innovatiohs, Inc., 96 Cal. App. 5th 908 (2023), the Court of Appeal affirmed the trial court’s reduction of $457,863 of the plaintiff’s...
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...