ethics

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

On March 22, 2021, the California Supreme Court approved the addition of a new comment—Comment [1]— to Rules of Professional Conduct, Rule 1.1. Read more

Every lawyer understands the importance of addressing conflicts. They potentially implicate loyalty and confidentiality issues, and are therefore an important part of addressing fiduciary duties. But even when lawyers are able to identify the existence of a conflict, they sometimes have difficulty in determining how to address it. 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

What are the ethical obligations of an attorney in responding to negative comments posted on social media (Twitter, Yelp, or other channels) by an existing client or former client, particularly if the comments are inaccurate and even if accurate, only portray part of the representation? Read more

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

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