New California Rules of Professional Conduct (“CRPC”), Rule 1.15, sets forth an attorney’s duties regarding safekeeping of funds and property of clients and other persons. For most attorneys, this Rule will be most relevant regarding management of an…
Duties to Former Clients and Termination of Representation Under the New Rules of Professional Conduct
New California Rules of Professional Conduct (“CRPC”), Rule 1.9, describes an attorney’s duties to a former client and is divided into three categories. Subsection (a) prohibits a lawyer who represented a client from representing another person in the same…
How to Get Paid By Someone Other Than the Client Under The New Rules of Professional Conduct
Under former Rule of Professional Conduct 3-310, subdivision (F), an attorney could not “accept” compensation from one other than the client unless: “(1) There is no interference with the member’s independence of professional judgment or with the client-lawyer relationship;…
New Attorney Duties When Going To Mediation
On top of the new and revised Rules of Professional Conduct that went into effect on November 1, 2018, if you go to mediation on or after January 1, 2019, you must comply with Evidence Code section 1129. I mediate…
Ethical Walls Are Not a Panacea for Imputation of Conflicts Under New Ethics Rules
Effective November 1, 2018, California’s new rules of professional conduct now address imputation of conflicts of interest and permit ethical screening to avoid imputation under certain circumstances. New rule 1.10 incorporates imputation concepts that are currently addressed in California case…
Legal Ethics Corner: New Rule of Professional Conduct 1.4 Regarding Communication with Clients
On May 10, 2018, the California Supreme Court adopted sweeping changes to the California Rules of Professional Conduct (“CRPC” or “Rules”). These changes will go into effect on November 1, 2018. One Rule that will change significantly is CRPC 3-500…
Time To Refresh Your Conflicts Check Procedures
You are a partner in a mid-sized firm. A conflicts check clears before your meeting with prospective client Alice. The meeting is productive and you agree to represent Alice in litigation. During a partner meeting a few weeks later, you…
No Time to Waste: New Ethics Rules Effective November 1, 2018
Beginning November 1, 2018, every California attorney will be required to conduct themselves in accordance with 69 new rules of professional conduct, replacing the 46 rules we currently must follow. Lawyers and law firms have only a few months to…
The Privilege and Execution of Search Warrants on Law Offices
The April 2018 raid on the law office of President Trump’s attorney Michael Cohen provides occasion to examine ethical duties to maintain client confidences and California procedures for protecting privileged information in attorney files. In the Cohen matter, the federal…
Mediation Confidentiality
The statutory framework for California mediation set forth in California Evidence Code Sections 1115-1128 imposes ethical duties on lawyers representing clients (whether or not a lawsuit is filed). Definitions are in Evidence Code § 1115: (a) “Mediation” means a process in…
Ethical Issues in Researching Prospective Jurors
When selecting a jury, attorneys seek as much information as possible about the prospective jurors. With limited time for voir dire, it is often fruitful to turn to online sources of information: entering prospective jurors’ names into a search engine…
Risk Management Tip: Understanding Duties to Third Parties, Part 4
Missed parts 1,2 and 3? Catch up: Risk Management Tip: Understanding Duties to Third Parties, Part 1 Risk Management Tip: Understanding Duties to Third Parties, Part 2 Risk Management Tip: Understanding Duties to Third Parties, Part 3 The Litigation Privilege…