How Long Do You Have to Keep Your Files?
By Michael L. Crowley Nary a week goes by without your author being asked how long we have to keep our files in storage. I would like to be able to give you a...
Tagged: #ethicsinbrief
Legislature Chills Non-Lawyer Participation in Providing Legal Services
By David C. Carr Independence is often referred to as one of the core values of the legal profession. This value is reflected in American Bar Association Model Rule 5.4, entitled “Professional Independence of...
Can A Lawyer Respond to a Negative Online Review?
By Anne M. Rudolph The business of being a lawyer is not unlike other businesses in the sense that we rely on satisfied customers (clients) to establish, build and maintain a successful practice. Word of...
The Lawyer’s Duty to Communicate Settlement Offers in Civil Matters
By Shelly Skinner California’s legal ethics rules are designed to protect the public and the integrity of the legal system, while promoting the administration of justice and confidence in the legal profession. Cal. Rule...
ABA Formal Opinion 501 Provides Guidance for Attorneys Enlisting or Accepting the Assistance of Others in Generating New Client Contacts
By Mallory H. Chase Although nonlawyers are not directly governed by the California Rules of Professional Conduct (see CRPC, rule 1.0(a) [the “rules are intended to regulate professional conduct of lawyers through discipline”] [emphasis...
Beyond the Lord of the Dance: Extortionate Demand Letters
By David C. Carr The Fourth District Court of Appeal, Division 3, has a new opinion, Falcon Brands v. Mousavi & Lee L.L.P. (case no. G059477, filed 1/27/22), that adds to our knowledge of...
An Attorney May Obtain Advance Consent to Take Protective Action on Behalf of a Client Who Later Becomes Incapacitated
By Anne M. Rudolph In 2018, the Supreme Court rejected a proposed modified version of Model Rule 1.14 which would have allowed an attorney to take protective action if the attorney reasonably believed that...
Lawyers’ Obligation of Candor to Opposing Parties and Third Parties
By Deborah Wolfe Lawyers have always had a duty to be honest and truthful pursuant to general ethical principles, as well as the State Bar Act. The newest version of the Rules of Professional...
“But It’s a Public Record!”
By Timothy Casey This issue of Ethics in Brief covers an attorney’s duty of confidentiality and a commonly held misconception regarding a “public records” exception to the duty of confidentiality. The misconception may stem...
Your Brother and Sister’s Keeper? Ethical Duties of Managers and Supervisors
By Edward J. McIntyre We tend to think of our obligations under the Rules of Professional Conduct as personal duties specific to our own conduct. And, indeed, the rules prescribe permissible conduct for California...