The Girardi Effect
By David C. Carr A State Bar Court hearing judge filed her decision this week recommending the disbament of Thomas V. Girardi. Unless you have been living in cave over the last year[1], you...
Tagged: #ethicsinbrief
When My Client’s Capacity is Diminished: What May I Do? What Must I Do?
By Edward McIntyre Many jurisdictions adopted a version of ABA Model Rule 1.14 to give guidance when lawyers must confront obligations to a client with diminished decision-making capacity. Our Rules Revision Commission submitted a...
Fundamental To California Rules Of Ethics Is Lawyer Guidance To Clients On The Legality Of Client Conduct
A Pending California State Bar Opinion Explains And Gives Guidance On Lawyer Ethical Duties By Charles Berwanger Lawyers are often put into the position of knowingly (or even unknowingly) receiving client direction to, for...
Efferin Deans and the Boundaries and Evolution of the Practice of Law
By Jessica Park and Andrew Servais The California State Bar recently seized the client files of Efferin Deans, a man with a 25-year history of impersonating attorneys and two prior convictions of identity theft.[1] On...
Rule 1.2.1: Hired Guns Or Client Gatekeepers?
By David C. Carr Lawyers owe many ethical duties to their clients. Most of these duties are bottomed on the fiduciary nature of the attorney-client relationship. But lawyers also owe ethical duties to the judicial system...
Pick the Wrong Test, Be Held in Contempt
By Edward McIntyre A Central District of California grand jury issued subpoenas to a company and its lawyers related to a criminal investigation of the company’s owner, also a client of the lawyers. The subpoenas...
Release of The “Pandora Papers” is a Good Reminder of Attorney Duties Where There is a High Probability a Client is Seeking Advice to Commit a Crime
By Andrew A. Servais With the recent release of the “Pandora Papers,” renewed attention is focused on corporate ownership transparency. The so-called Pandora Papers release from the International Consortium of Investigative Journalists (ICIJ) has outlined the...
California Dreaming: Remote Extrajurisdictional Practice
By David C. Carr The great California lawyer, writer, and historian Carey McWilliams referred to the Golden State as “the great exception.”[1] In legal ethics as in so many other things, that description holds up....
ABA Formal Opinion 499 Provides Critical Guidance for Attorneys Considering Investment in Jurisdictions Allowing Nonlawyer Ownership of Law Firms
By Andrew A. Servais California Rule of Professional Conduct and ABA Model Rule of Professional Conduct 5.4 feature a number of prohibitions designed to preserve the professional independence of lawyers, including prohibiting the sharing...
The Ethical Implications of Representing a Minor Whose Guardian Ad Litem is Not Serving the Best Interests of the Minor
By Richard D. Hendlin This Ethics in Brief article arises from a recent inquiry I received through the SDCBA Legal Ethics Hotline (phone: 619.231.0781×4145) involving an attorney who posed the hypothetical question of whether...