Model Rule 8.3: The Argument Against
By David C. Carr American Bar Association (ABA) Model Rule 8.3 provides that “a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial...
Tagged: #ethicsinbrief
Social Media Competence: An Ethical Requirement
By Shelly Skinner California Rule of Professional Conduct 1.1 requires that attorneys provide competent representation to their clients. This includes “the duty to keep abreast of the changes in the law and its practice,...
Misogyny and Rule of Professional Conduct 8.4.1
By Deborah Wolfe Apparently, in 2022, despite years of progress and women entering the legal profession at a rate of 51% compared to men, misogyny is alive and well — though perhaps less overtly...
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...
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...