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...
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...
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...
Ethical Considerations for Pro Bono Representation One of the most rewarding aspects of an attorney’s job is providing pro bono services to those in need.[1] Though not required, lawyers are encouraged to provide pro...
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...