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...
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...
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...
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....
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...
Legal Ethics for New Attorneys: Recent State Bar Attorney Disciplinary Actions Commonalities of Rules Violations In the past several months, the State Bar of California has disbarred or suspended the license to practice law...
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...
Despite the unprecedented events occurring since, many of us still remember March 2019 when it was made public that “Special Counsel Robert S. Mueller, III delivered his Report of the Investigation into Russian Interference in the 2016 Presidential Election to the then-Attorney General of the United States, William P. Barr.”
It is no secret that trial attorneys must navigate ethical minefields as they collect information from their clients, as they engage in discovery, and as they present evidence to judges and juries.
Sparking intense controversy, in 2016 the American Bar Association (“ABA”) amended Model Rule 8.4 to add paragraph (g), making it professional misconduct to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.”