California lawyers should have professional liability insurance to avoid paying damages and expenses out of pocket if a claim is asserted against them. Those who do not have insurance must disclose that fact to each client in writing at the…
Post Category: Legal Ethics
Practical Ethics Tips for Remote Depositions
Before you conduct or defend your next remote deposition, be mindful of your ethical duties of Competence (Rule 1.1), Confidentiality (Rule 1.6), and Supervision (Rule 5.1), under the California Rules of Professional Conduct. Here are a few practical tips: 1.…
Representing Clients With Diminished Decision-Making Capacity
The State Bar of California Standing Committee on Professional Responsibility (COPRAC) recently published Formal Opinion 2021-207, addressing the ethical obligations of a lawyer who has a client with diminished decision-making capacity. Representing clients with diminished capacity involves unique challenges, including…
ABA Offers Tips for Effective Client-Lawyer Communications
On October 6, 2021, the American Bar Association issued Formal Opinion 500 addressing language access in the client-lawyer relationship. The Opinion notes: “Communication between a lawyer and a client is necessary for the client to participate effectively in the representation…
Lawyer Mobility: Duties to Clients When a Lawyer Leaves a Law Firm
A lawyer’s departure from a law firm can be disruptive to client relationships and representations. Generally, the client in ongoing matters must be given the choice between staying with the firm, going with the departing lawyer who handled the matter,…
The Ethics of Third-Party Litigation Funding
Photo: Michael J. Fox in The Good Wife. Credit: CBS. In the “Raw Deal” episode of The Good Wife, Louis Canning (played by fan favorite Michael J. Fox) shared privileged information with a litigation funding source about what his corporate client…
Legal Ethics and Attorney Mistakes
Missing a deadline for filing a pleading or discovery response, or omitting an important argument from a brief, can have grave consequences for the client. While some mistakes are more serious than others, the lawyer must still adhere to the…
What Not to Include in Fee Agreements
Starting your client relationships off right can minimize your risk of liability. Your engagement agreement should set the tone and act as a road map. The sample hourly and contingent fee agreements published by the State Bar of California can…
The Legal Ethics of Access to Justice
The California Rules of Professional Conduct (Rules) provide the minimum standards that lawyers must meet to avoid discipline by the State Bar. A lawyer’s professional responsibilities, however, extend beyond those rules. As Comment to Rule 1.0 instructs, a lawyer…
Can You Confront Opposing Counsel if Opposing Counsel Is Violating the Rules of Professional Conduct?
Believing that opposing counsel violated the California Rules of Professional Conduct (CRPC or Rule) can present a clear ethical dilemma for attorneys. However, Rule 3.10, also known as the extortion prohibition rule, provides limitations on the attorney’s actions. Rule 3.10…
Data Breach: Breaking Down a Lawyer’s Ethical Duties to Inquire and Disclose
Your laptop or smartphone containing client confidences is lost or stolen. Or, you learn that the public Wi-Fi that you accessed yesterday without using a Virtual Private Network (VPN) was a fake internet portal set up by hackers. Even worse,…
Can You Handle the Truth?
Attorneys must be honest for the justice system to work and for the system to have any credibility to the general public. To that end, attorneys had a duty of candor under the old California Rules of Professional Conduct (CRPC)…