ethics

For a variety of reasons, and in a variety of practice areas, many lawyers encounter self-represented litigants on a regular basis. Whether the person decided to go it alone from the inception of the matter or has discharged counsel (or had counsel withdraw) for some reason during the pendency of the matter, the issues that arise are similar. Read more

According to Thomson Reuters’ 2022 Report on the State of the Legal Market, one of the most significant tasks law firms are facing in the current year is recruiting and retaining legal talent, once again putting lateral hiring, and the related conflicts of interest involved, in the spotlight. Read more

Attorneys are first and foremost advocates for their clients’ causes. That is, California attorneys are called upon to be “zealous” advocates for their clients. The Supreme Court of California has affirmed this on several occasions stating that once a lawyer agrees to representation of a client, they must represent the client “zealously, within the bounds of the law.” However, recent appellate court decisions have sought to temper the “zealousness” of advocacy with the equally important concepts of civility and cooperation Read more

This article addresses certain unique conflict of interest issues that arise in connection with the sale of a business. Read more

What are the best practices for maintaining successful, ethical, positive and productive client relationships? A successful lawyer works with the client to establish client objectives, and anticipates, minimizes and de-escalates common client concerns and complaints. Read more

We were told at any early age not to talk to or to trust strangers (or to accept candy from, or get into a car with them). We might be tempted to assume that any person so schooled would have, as an adult, extended that lesson to include unfamiliar lawyers. If so, a person not represented by a lawyer should be counted on neither to trust nor to seek guidance from an unfamiliar lawyer or one representing an opposing party – a kind of Caveat Emptor (or caveat advocatus). Read more

The Supreme Court Committee on Judicial Ethics Opinions seeks comments by November 17, 2021 on draft formal opinion advising judges on ethical considerations when providing feedback to attorneys on their courtroom performance. For a PDF version, click here. California Supreme Court Committee on Judicial Ethics Opinions350 McAllister Street, San Francisco, California 94102-3688www.JudicialEthicsOpinions.ca.gov INVITATION TO COMMENT[CJEO Draft Formal Opinion 2021-018] TitleCommittee on Judicial Ethics OpinionsDraft Formal Opinion 2021-018;Providing Feedback on Attorney CourtroomPerformanceAction RequestedReview and submit comments byNovember 17, 2021Proposed Date of… Read more

Among its lesser legacies, the 1970s Watergate scandal left a naming convention by which every purported political scandal must go through an early stage where the suffix “-gate” is affixed to it, until cooler heads prevail and rechristen it. (E.g., “Irangate” of the mid-1980s begat the “Iran-Contra Affair,” which in turn edged out an early favorite, “Iranamok.”) Watergate, however, did have an influential and lasting effect on legal education. With many players in the Watergate cast having been lawyers sworn to uphold the law, the American Bar Association, as the accrediting agency for law schools, made Professional Responsibility a required course for law students. Consequently, any lawyer admitted to practice over the last several decades will have taken such a course. Read more

The Honorable Kenneth Peterson (Acting Chief Judge WCAB, Retired) and the Honorable Christine Gondak (Workers’ Compensation Judge, Retired) Provide Valuable Insight into the Ethics Advisory Committee During This Intriguing Interview Conducted by the Honorable Therese DaSilva (Workers’ Compensation Judge, Oakland District Office) Read more

Civil trial lawyers are approached frequently by other lawyers about associating in on cases that are about to be tried. Typically, the lawyer soliciting assistance either needs the trial lawyer’s courtroom knowledge or support staff capacity. Co-lawyering on cases can provide benefits for the clients and the lawyers by combining the lawyers’ expertise to achieve a common goal—a good result for the client. Read more