California Lawyers Association


View articles related to the topic of legal ethics

Recently, the Supreme Court of the United States held that “an attorney’s ethical duty to advance the interests of his client is limited by an equally solemn duty to comply with the law and standards of professional conduct.” Read more
This opinion addresses the elements of ethical screens that effectively comply with the Rules of Professional Conduct. California Rules of Professional Conduct, rule 1.0.1(k) provides a definition of a screen that, while helpful, does not provide a detailed roadmap for a law firm instituting an ethical screen. Read more
With the ongoing pandemic, more lawyers than ever before are working remotely. Can a lawyer admitted to practice law in California relocate and practice California law while located in another state? Can a lawyer who is not admitted to practice law in California practice the law of another state while physically located in California? Read more
Lawyers, and sometimes courts, struggle with complicated questions about conflicts of interest. What constitutes adversity? When are two representations “substantially related”? When is informed consent curative? When will the inappropriate receipt of confidential information (received from, for example, an inadvertent communication or by virtue of improper contact with a represented party) warrant disqualification of counsel? Read more
Regardless of your religious affiliation or beliefs, this time of year is often a time of celebration, family togetherness … and the exchange of gifts. However, for those of us who are members of the California State Bar, the receipt of gifts can be problematic if the gift-giver is a client. Yes, there’s a rule on that! Read more
It is not uncommon for lawyers to seek to limit the scope of a representation for a variety of reasons. These might include a lack of knowledge or experience in a practice area, the need for particular expertise, or the lawyer’s or client’s limited resources. California Rule of Professional Conduct 1.2, Scope of Representation and Allocation of Authority, went into effect on November 1, 2018. Read more
May lawyers accept and keep a client retainer payment even if no legal services are ever provided to the client? May they accept flat fees for legal services paid in advance, before any legal services are provided? If so, must the flat fee be deposited into a client trust account, or may it go directly into the lawyer’s operating account? Read more
California reportedly is home to the largest marijuana industry in the world, with nearly $3 billion in sales in 2019, according to market researchers. The state legalized medical cannabis in 1996, and then, in 2016, voters passed Proposition 64 and legalized recreational cannabis. Lawyers have been involved with the industry since the beginning, a practice area that only continues to grow. Read more
In July of 2018, after receiving a report on the legal market landscape, the Board of Trustees of the State Bar of California convened a task force to review issues of access to legal services through innovation (ATILS). After more than a year of study, consultation, public input and debate, the ATILS Task Force presented its Final Report and Recommendations to the Board of Trustees. Read more
A comprehensive set of new Rules of Professional Conduct was approved by the California Supreme Court and went into effect on November 1, 2018. The new rules can be found on the State Bar’s website under Current Rules of Professional Conduct. Read more

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