ethics

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

Why do we have so many cat sayings; what do they mean; and do they really teach anything about attorney ethics? Stuart Teicher, the CLE Performer (and certified cat lover) will explain it all. Join him as he talks about the origins of cat sayings and explains the ethics lessons provided by each. Sayings (and topics) include: -Curiosity might have killed the cat, but it could save a lawyer when advising, Rule 2.1 -Letting the ethical cat out of the bag and confidentiality, Rule 1.6 -Cat's got your tongue? The lawyer's need to communicate, Rule 1.4. 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

As lawyers, we often face numerous competing demands that put a strain on our time. We have to make important decisions about how to delegate administrative tasks, handle client intake, accept new cases, and communicate with clients - all while upholding our obligations under the California Rules of Professional Conduct. However, with time being a limited resource, it's easy to overlook some of these rules. This program will specifically concentrate on the rules that tend to be ignored by busy lawyers. Read more

The California Supreme Court recently ordered the approval of new Rule of Professional Conduct 8.3 (Reporting Professional Misconduct), sometimes referred to (perhaps derogatorily) as the “snitch rule,” which went into effect on August 1, 2023. In addition, the California Legislature recently passed, and Governor Gavin Newsom signed into law, state Senate Bill No. 40 (the annual State Bar licensing fee bill), which (among other things) added new Section 6090.8 to the California Business and Professions Code, effective January 1, 2024. Read more

Pro Bono clients are like any other clients in many ways. However, some Pro Bono clients present ethical issues for attorneys that often differ from those presented by fee-paying or contingent fee clients. Lawyers sometimes face difficult questions about defining who the client is, communication with clients, clients with diminished capacity, conflicts with fee-paying clients, and many others. Representation of nonprofit organizations also can present difficult ethical issues not faced with most for-profit organizations. Read more

An attorney I met recently lamented that he spends most of his workdays reacting to emails. He starts each day with a long to-do list and feels lucky to finish one or two things under the incessant email barrage. I can relate. Those of us who are on email listservs have no doubt received an email flurry sparked by an interesting (or not so interesting) question or important (or not so important) piece of news and have seen the frantic emails from attorneys begging to be removed from the listserv and pleading with others to not "Reply All."  Read more

This program will examine the intersection between ethics and diversity, equity and inclusion in the legal industry.  Topics will include leveraging diversity to maximize the benefits of diversity of thought and experience in providing legal services, under-representation as systemic inequality in traditional law firm/organizational culture, the importance of meaningful diversity initiatives vs. cosmetic change.  The prohibition of discrimination, harassment and retaliation and the lawyer’s duties under Rule of Professional Conduct 8.4.1 and other laws will also be discussed. Read more

On August 1, 2023, new rule 8.3, derisively referred to as “the lawyer rat rule,” became effective in California, requiring lawyers to report other lawyers’ serious misconduct.  Read more

Physical or mental impairment can arise from substance abuse, mental illness or cognitive deficits.  A seemingly brilliant lawyer can mask a substance abuse disorder that interferes with their judgment.  This webinar discusses ethical issues concerning recognizing when impairment occurs, how it impacts a lawyer’s duty of competence and the duties colleagues have to proactively to assist the lawyer and protect the clients.   Read more