Prior to the verdict in Wadler v. Bio-Rad Laboratories, Inc., et al (U.S.D.C. No. CA No. 15-cv-02356-JCS), a wrongful termination case, Bio-Rad’s public relations machine had framed a narrative of an out-of-touch, long-term in-house attorney who collected a paycheck but…
The Digital Milieu: A Lawyer’s Duty of Competence and Protection
Mickey Haller sat in the back seat of his Lincoln Town Car on his way to the office of his murdered criminal defense attorney colleague to take possession of his dead colleague’s client files. The murdered colleague had included Haller…
Risk Management Tip: Retainer Agreements Manage Client Expectations
In the competition to land a case it is tempting to overstate the value of a claim, or understate the cost of litigation, setting client expectations at an unrealistic level. Some attorneys fear that being up front about potential case…
The Ethics of Facebook Friending
Facebook can be a gold mine of information about litigants and witnesses. A personal injury plaintiff alleging debilitating leg injuries may post photos of her latest hiking trip. A defendant in a wrongful discharge case may make discriminatory remarks.…
Court Reporting Ethics Panel Takes On Controversial Topics
During the recent CLE program “Can You Say That? Legal Ethics of Working with Court Reporters,” put on by the Paralegal Section, these questions were addressed: • Do you know what Assembly Bill 1197 requires in Notices of Deposition? •…
Risk Management Tip: Keep Invoices Bland
For generations California attorneys have understood the attorney-client privilege is an absolute shield against discovery. Case after case has broadly interpreted and reinforced the strength of the privilege. Three cases in 2016 demonstrated the continued force of this shield. In…
Think Twice Before You File That Exhibit
Think of that moment when someone else’s mistake becomes your problem. For example, opposing counsel inadvertently attaches a confidential settlement agreement between his client and yours to a declaration filed in an unrelated matter. You know how it happens –…
Risk Management Tip: Another Good Reason to Break Up With Your Client
Last month we discussed how a clear termination of the attorney client relationship eliminates questions of fact about applying the statute of limitations, C.C.P. § 340.6, if a claim occurs. This month we discuss another benefit: avoiding conflicts of interest…
The Attorney-Client Privilege in Workplace Investigations
Attorneys are often called upon by employers to facilitate investigations of workplace misconduct. One reason this is done is so the findings and conclusion of the investigation may receive the protection of the attorney-client privilege. However, under California law the…
Risk Management Tip: Break Up With Your Clients
Constant business development pressure can lead to behavior at odds with prudent risk management. Many attorneys are reluctant to cut the cord on existing client relationships, even when substantive services are no longer needed. To encourage clients to think of…
Taking the Easy Road Could Get Your Expert Disqualified
To save time and money, experts are often provided mediation briefs to be used as predicates for their testimony. Such briefs are typically the most comprehensive summaries of the case. However, taking this short cut could get your expert…
Is the Representation Over? Can I Accept A New Client Adverse to a Former Client?
A new client requests your services. You run your conflict check and discover that the requested matter is against a former client. What are your ethical obligations? Can you represent this new client? Is the former client a former…