ethics

Everyone has heard the saying “fake it until you make it” in the legal profession.  This means being confident and acting like you know what you are doing even if you don’t.  Certainly, every lawyer confronts a seemingly endless number of “first times” (facing a judge, facing a jury, taking a deposition) so acting like “you have been there before,” is a good idea.  But there are limits to the “fake it until you make it” when it comes to how a lawyer promotes themself in public. Read more

As the terms AI or Artificial Intelligence (AI) and more notably Generative Artificial Intelligence (GAI) are being used frequently in today’s world, I question its meaning in the context of the practice of law, which typically involves human beings analyzing case law, statutes and procedures; and applying such knowledge to the facts in client’s matter to provide competent representation to the client.  There is much that is being written about AI and the ethical standards that should apply[1].   However, at present, there are  no settled standards, including in the practice of law, for its use.  Lawyers continue to be bound by the California Rules of Professional Conduct (“CRPC” or “Rules”), statutes Read more

As the legal economy grows more complicated and lawyers and clients look for new ways to finance legal work, lawyers in many fields have fashioned new forms of fee arrangements as an important part of their client relationships.  Whenever a lawyer enters into a fee agreement with a client, but especially when adopting a non-traditional approach, lawyers must consider whether their agreement complies with the State Bar Act and Rules of Professional Conduct.  One consideration for lawyers proposing alternative fee agreements for transactional work is whether their arrangements with their clients constitute contingency fee agreements – something traditionally thought of only in connection with litigation.  Read more

This article highlights the ethics advisory opinions that were issued during 2024 by the California Lawyers Association’s Ethics Committee (“CLAEC”), the California State Bar’s Committee on Professional Responsibility and Conduct (“COPRAC”), the American Bar Association’s Standing Committee on Ethics and Professional Responsibility (“ABA”), and the California Supreme Court’s Committee on Judicial Ethics Opinions (“CJEO”), as well as recent changes in the State Bar Act, and other regulatory law affecting the conduct of attorneys licensed in the State of California. Read more

California lawyers generally are familiar with the conflict of interest rules and the sometimes harsh consequences of those rules.  Those consequences can include disqualification of a lawyer or an entire law firm.  They also can include a sometimes insurmountable hurdle to a lawyer moving to a new law firm.  But those rules, and those consequences, are not limited to lawyers in private practice on their own or at a law firm.  They apply equally to lawyers working as in-house counsel for a company.   Read more

As we become a more multilingual and multicultural society, more lawyers are likely to serve clients who do not speak the same language as the lawyer. This barrier to communication leads to several issues that lawyers will have to address to effectively and ethically serve their clients. The primary areas which this barrier impacts are competence (rule 1.1)[1] and communication (rule 1.4). Among other rules affected are confidentiality (rule 1.6) and responsibilities regarding nonlawyer assistants. [2] Read more

California Rules of Professional Conduct Rule 4.4, which was added to the most recent rules effective November 1, 2018, provides: Read more

A sound mind is one of the most important tools an attorney has, which is required to properly advocate for clients, manage large workloads, and handle multiple deadlines.  Read more

This article highlights the ethics advisory opinions that were issued during 2023 by the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC), the American Bar Association’s Standing Committee on Ethics and Professional Responsibility (ABA), the San Francisco Bar Association’s Legal Ethics Committee (BASF), the San Diego County Bar Association’s Legal Ethics Committee (SDCBA), and the California Supreme Court’s Committee on Judicial Ethics Opinions (CJEO), as well as recent changes in the California Rules of Professional Conduct, the State Bar Act, and other regulatory law pertaining to attorney professional responsibility and judicial ethics.  Read more

On November 23, 2023, the State Bar of California approved guidelines for generative AI use developed by the State Bar’s Committee on Professional Responsibility and Conduct. The “Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law” (“Guidance”) is based on lawyers’ current professional responsibility obligations, including as set forth in the California Rules of Professional Conduct and State Bar Act (Cal. Bus. & Prof. Code §§ 6000-6043). The Guidance addresses issues arising from the use of generative AI and products in which generative AI is a part. These products range from those freely available to custom-built proprietary applications. The manner in which a lawyer’s professional obligations will apply to the use of generative AI depends on many factors, including the type of product being used, the client, matter, practice area and firm size.  Read more