ethics

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

There are certain instances where a lawyer is required to enter into a written fee contract, or engagement agreement, with a client. They include where the client is an individual and the fees and costs are expected to exceed $1,000 (Cal Bus. & Prof. Code § 6148(a)) and where the lawyer takes on the matter under a contingency fee arrangement (id. at § 6147). 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

Is there such a thing as an unwaivable conflict of interest in California? California’s new Rules of Professional Conduct (“New Rules”) became effective on November 1, 2018. Two fundamental principles guided the drafters of the New Rules as they relate to conflicts of interest. 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

January 2020 By Karen M. Goodman We love to feel wanted. Nothing is better than getting that phone call from a prospective client asking you to represent him, his family and his numerous entities in defending a breach of fiduciary duty case. You are envisioning days of depositions (with all of those billable hours) and looking forward to a high profile trial where your client’s good faith attempts to “help” the plaintiff can be vindicated in spite of the numerous… Read more

August 2019 By Neil J Wertlieb Neil J Wertlieb is an experienced transactional lawyer, educator and ethicist, who provides expert witness services in disputes involving business transactions and corporate governance, and in cases involving attorney malpractice and attorney ethics. He is a Founding Member and Co-Chair of the California Lawyers Association Ethics Committee. The views expressed herein are his own. For additional information, please visit www.WertliebLaw.com. Lawyers must be able to identify who is, and who is not, their client… Read more