ethics

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

How often do we receive a call from a prospective client, only to learn that we cannot accept the representation because we have a conflict of interest? In some cases, the prospective representation may be for a longstanding client, but a conflict of interest involving another client nonetheless may preclude us from taking on the new matter. In that circumstance, our instinct is to want to do something for the client or prospective client. Read more

Hopefully, this article is utterly irrelevant to you. In this month’s Ethics Spotlight, I turn the spotlight on the California State Bar disciplinary process. This article briefly discusses the various bases for which discipline can be imposed and then describes the process, from the filing of a complaint through the order imposing discipline. Read more

Where a lawyer agrees to represent more than one client in the same matter, there is often, if not always, a potential that the interests of the lawyer’s multiple clients may conflict with each other. Read more