By Anne Rudolph Rule 1.15, titled “Safekeeping Funds and Property of Clients and Other Persons” directs in paragraph (a) that all funds received or held by a lawyer or law firm for the benefit...
By Charles Berwanger The reader is asked to picture a fictional settlement conference of a lawsuit. Present is the client representative, defendant Ajax Corporation’s General Counsel, and Ajax’s Defense Counsel. They are in a...
By Michael J. Crowley Blame it on former torts megastar Tom Girardi and his confederates, coupled with his wife, Erika Jayne, star of Real Housewives of Beverly Hills. Girardi’s alleged theft of millions from...
By Edward McIntyre You’re approached after church one Sunday. “Would you serve on a board the church has established to oversee church finances?” Cornered, you reluctantly agree. “But even though I’m a lawyer, I...
By Katie Parker As noted in a recent Ethics in Brief column (here), an attorney’s persistent lack of civility can have concrete financial consequences. In the case at issue there, the California Court of Appeal affirmed...
By Valerie Silverman Massey Scenario: As a senior or supervising attorney, you are preparing to file a document with a court. A more junior attorney prepares the document using prior office writings/research or conducting...
By David C. Carr Introduction The First Amendment guarantees free speech, which is one of our most cherished freedoms. Yet, as we all know, it is not absolute. Recently, the First Amendment has played...
When Does a Demand Letter Constitute Extortion? The court’s decision in Falcon Brands, Inc. v. Mousavi & Lee, LLP, 2022 WL 246851 (Jan. 27, 2022) provides insight for all lawyers regarding when settlement demands...
Legal Ethics for New Attorneys: Trump’s Attorneys’ Fiasco Time for a Review of an Attorney’s Ethical Duties to Tell the Truth, Show Candor Toward the Tribunal, Provide Counsel Only on Legal or Just Matters,...
Must a lawyer acting as a trustee comply with former Rule 3-300 even when the trust instrument permits the trustee to borrow funds from the trust?