ethics

1 Hour MCLE; 1 Legal Ethics Our panel of ethicists who are also active litigators will discuss some recent ethics opinions, rules and cases of importance to litigators.  We will consider when demand letters cross the line and become extortion, joint representation, receipt of evidence from former employees, ethical obligations prior to taking a default, advising clients of the risks of litigation before filing, witness perjury, sanctions, settling before withdrawal and withdrawal from representation. Speakers: Alison Buchanan, Carole Buckner, and… Read more

Lawyers may find themselves representing a client who appears to have diminished capacity, including in pro bono or legal service contexts. Representing clients with diminished capacity presents unique issues whether their condition is due to mental illness, substance abuse, dementia or other capacity issues. This program will discuss the ethical issues that can arise in such situations and how the California rules apply, including confidentiality, communications, and conflicts of interest.  The experienced panelists will suggest approaches and strategies lawyers may use in such circumstances, and explore the limits imposed by the California rules. Read more

This interesting 1-hour course discusses the effect of environment; strengthening polarization; group identities; and identification of positive v. negative conflicts on progress in the legal profession. We will cover task conflict v. personal conflict and the huge efforts from outside forces to spread lies and disinformation to paralyze our own ability for compromise. Read more

1 Hour MCLE; 1 Legal Ethics The Britney Spears saga contained a bunch of ethics issues. Was the matter “Toxic” for lawyers?Maybe not, but it certainly was a “Circus”. Hearing this program once might not be enough - you may ask the CLE Performer, Stuart Teicher to “hit you one more time.” Come explore the attorney ethics issues in the Britney Spears conservatorship matter.  Topics include: Confidentiality,   Trial Publicity. Rule 3.6 Clients with Diminished Capacity, Rule 1.14 Register Here… Read more

This training explores some of the more common, repeating examples of prosecutorial error that occur in California felony jury trials. Specific case examples illustrate best practices to avoid these errors and address the intersection with instructional error and ineffective assistance of counsel. The goal is to develop a broader understanding of how to approach related issues during trial.   Read more

Sometimes, I feel that the expression “less is more” is overused. Usually, I find that less is less and more is more. Circumstances rarely justify a juxtaposition of those words’ meanings. But perhaps we are in one of those unusual times, at least as it concerns the regulation of our profession. Read more

This Ethics Spotlight highlights changes in the California Rules of Professional Conduct during 2022, as well as ethics advisory opinions that were issued during 2022 by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility (“ABA”), the Orange County Bar Association’s Professionalism and Ethics Committee (“OCBA”), and the California Supreme Court’s Committee on Judicial Ethics Opinions. Read more

In real estate, it’s location, location, location. In negotiation, it’s reputation, reputation, reputation. A trustworthy reputation – once lost – can be difficult, if not impossible, to regain.  Read more

In the context of the No-Contact rule, an attorney sending an email or text which includes her client to another attorney may provide implied consent to the receiving attorney to hit the "Reply All" button, thereby permitting the receiving attorney to communicate directly with the represented client on the email chain. Read more

A well-worn adage, variously attributed to Abraham Lincoln or Benjamin Franklin, holds that any person – including a lawyer – who represents himself has a fool for a client. And if those two luminaries were alive today in an age where many legislative frameworks as well as contract clauses provide for attorney fee awards to a prevailing party, they might have further observed that this same fool attorney would not get paid. That is because there is a well-settled rule that a lawyer who is appearing on his or her own behalf and is the prevailing party in a lawsuit may not be awarded attorney fees. Read more