I offer this short primer on the ethics of preparing a witness as a teaser trailer to this year’s annual Legal Ethics Lessons Learned from Fictional Attorneys CLE, to be presented by the Ethics Committee of The Bar Association of…
Procedural and Substantive Guidance for Litigation of Sexual Harassment Claims
Sexual harassment continues to be an issue of significant concern in the workplace. While California law prohibits harassment and requires training to prevent it, those of us who practice in this area know that harassment, unfortunately, continues to occur. If…
Does Using a Social Media Ad Campaign to Market Legal Services Violate Ethics Rules?
Several social media sites, such as Meta and Twitter, have built-in ad managers that allow attorneys to pay to advertise their legal services using the social media platform. However, attorneys should proceed cautiously. Before using one of these social…
California State Paid Sick Time Rules to Change for 2024
It is that time of the year again, when the California legislature and governor come together to sign new laws into effect for the coming calendar year. Employment laws are always a focal point of the ever-changing legal landscape. This…
We Need to Talk About Your Special Interrogatories
This month, I’ve seen three sets of poorly written special interrogatories from different attorneys. These are not inexperienced, first year attorneys, but seasoned family law attorneys with an average of 15 years of experience. I get it, it’s easy to…
Lawyers – You Can’t Discriminate
The California Rules of Professional Conduct (“CRPC”) included a new rule in 2018 that prohibits attorneys from participating in discrimination, harassment and retaliation in representing a client. It also prohibits discrimination in the law firm’s operations. Specifically, CRPC 8.4.1 provides:…
Considerations When Growing Your Solo or Small Law Firm
Solo and small law firms are subject to the same employment laws as any other type of employer. Consequently, when you grow your firm by adding attorneys and staff you need to pay attention to several considerations. First, will this…
Meet Your Environmental Regulators Reception Recap
On the warm evening of April 26th, the Bar Association of San Francisco (BASF) hosted the first Meet Your Environmental Regulators Reception in three years. We had over 100 guests join the Reception, including representatives of many environmental regulatory agencies:…
Nondisparagement and Confidentiality Provisions in Employee Severance Agreements
Both locally and nationally, a growing trend continues that disfavors confidentiality, nondisclosure, and nondisparagement provisions in settlement agreements and releases – even if such terms are part of a bargained-for-exchange between the parties. Most recently on February 21, 2023, the…
New Year, New Rules: What You Need to Know About CTAPP
Following high-profile scandals involving misuse and misappropriation of client trust funds, the California State Bar implemented the Client Trust Account Protection Program, or CTAPP – a series of new rules governing the handling of funds and reporting compliance. In the…
Significant New Laws Governing the Workplace in California
California has a robust set of laws governing the workplace. The laws continue to evolve and 2023 is no different. What follows is a review of significant new laws that will affect most workplaces starting January 1, 2023. AB 1041…
Use it or Lose It: Take Advantage of Your Annual Insurance Risk Management Budget
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…