If you are an active LinkedIn user, there’s a good chance that you have received an endorsement by someone without personal knowledge of whether you have the claimed skill. Well-meaning perhaps, but such endorsements of attorneys are potentially misleading…
The Ethics of Advising California Marijuana Businesses
Californians will vote in November on Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. Proposition 64 would establish and regulate a commercial marijuana industry. Its provisions include renaming the Bureau of Medical Marijuana Regulation as the…
Why It’s a Good Idea to Keep Track of Your Time in Contingency Fee Cases
Many contingency fee attorneys balk at keeping track of their time on each case. In fact, there is no rule that requires contingency fee attorneys to track their hours on each case. (Mardirossian & Assoc., Inc. v. Ersoff (2007) 153…
Electronically Stored Information and the Duty of Competence
California Rule of Professional Conduct 3-110 (“Rule 3-110”) states that “ member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.” Every attorney considers this duty on a daily basis in the practice of law. While…
Your Ethics Are Implicated by Mediation Confidentiality
In 2014, this Legal Ethics Corner column provided readers with “Some Thoughts On Issues Raised, But Not Resolved, by Cassel v. Superior Court.” Those issues remain unresolved, but some are closer to resolution than before. You may recall that the…
Legal Ethics Corner: How Much Do You Need to Know About Your Client’s Insurance Coverage?
It’s no secret that insurance coverage is often a key issue in litigation, as insurance is used to pay defense costs, fund settlements, and satisfy judgments. In recognition of this, courts have recently been imposing more burdens on lawyers when…
Ethics Applicable To Court Appointed Attorney: Court Pressure vs. Client Privacy
The court appoints you to represent an individual facing charges which, if proven, could lead to loss of liberty and property. You meet confidentially with your new client, discuss the facts relating to the charges, assess your client’s responses and…
Keep Your Client in Mind, the Ethics Will Follow
Your phone rings. Being a solo or small firm lawyer, you answer it yourself. The caller, after an exchange of pleasantries, says, “My mom needs a trust.” The flag that goes up in your mind should be, if not red,…
Got Ethics? Join the Committee in 2016 to Stay Active in the Legal Community
In addition to holding its 4th Tuesday monthly meetings at BASF’s offices and staffing the BASF Legal Ethics Hotline, the active members of BASF’s Legal Ethics Committee have: regularly contributed to this Ethics Corner; jointly authored formal ethics opinions with…
Attorney v. Client – Walking the Ethics Tightrope
As a legal ethics and risk management advisor, I am often asked whether litigation between an attorney and client is permitted during engagement on another matter. This situation often arises as to legal fee disputes; however, lawsuits between in-house or…
Beware of CLE Requirements
All active California lawyers must complete 25 hours of continuing legal education (CLE) every three years, or risk being placed on inactive status. (Bus. & Prof. Code §6070, subd. (a).) Additionally, misrepresenting that one has completed those hours may result…
Gifts from Clients? Is it OK? Maybe
Gifts are generally given as an act of kindness, as a token of appreciation based on relationships. As attorneys, many of us have established long standing relationships with our clients over a number of years; and in some cases have…