This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Ethics/Professional Responsibility, Law Practice

The new Rule 5.5 modifies former Rule of Professional Conduct 1-300, titled “Unauthorized Practice of Law.”


Ethics/Professional Responsibility, Law Practice

It does not always occur to attorneys to formally close the matter internally and to send a file closing letter to a client.



State Bar & Bar Associations, Ethics/Professional Responsibility

The court approved revisions to Rule 1.2.1, which provides guidance for attorneys advising cannabis industry clients.


California Supreme Court, Ethics/Professional Responsibility

Earn MCLE credit reviewing a recent Supreme Court case dealing with a conflict waiver that didn't quite get the job done.



Ethics/Professional Responsibility, Law Practice

Given the requirement to promptly refund unearned advance fees, once the disputed funds are identified and segregated, lawyers...


Ethics/Professional Responsibility, Law Practice

When it comes to legal malpractice cases, there's rumor going around that "emotional distress damages" actually exist.



Ethics/Professional Responsibility, Law Practice

Adopting technologies can help lawyers reduce the risk or even the impact of the mistakes and client relations issues that can...


California Supreme Court, Ethics/Professional Responsibility, Law Practice

The unmistakable takeaways from a recent California Supreme Court ruling: (1) Clients get notice. Period. No exceptions. And (...



Administrative/Regulatory, Ethics/Professional Responsibility

Lawyers face unique ethical and professional issues when representing cannabis businesses.


California Supreme Court, Ethics/Professional Responsibility, Law Practice

Broad waivers that fail to disclose known conflicts of interests are unenforceable, according to an opinion filed by the state...



California Courts of Appeal, Ethics/Professional Responsibility, Law Practice

A Court of Appeal ruling muddles law concerning the applicable causation standard when a lawyer is sued for fraud or intention...


Ethics/Professional Responsibility, Law Practice

As soon as something goes wrong in a representation, the first instinct for many attorneys may be to turn to colleagues for ad...



Ethics/Professional Responsibility, Law Practice

If withdrawal is not done properly, it can make a bad situation even worse and result in a legal malpractice claim or a bar co...


California Supreme Court, Ethics/Professional Responsibility, Law Practice, Civil Litigation

Will the California Supreme Court invalidate broad advance conflict waivers commonly used by large law firms in their engageme...



Ethics/Professional Responsibility, Law Practice

Our participation in the modern version of this great experiment in democracy demands that we communicate with one another, wi...


State Bar & Bar Associations, Ethics/Professional Responsibility

The State Bar of California is considering a proposal to begin applying a consumer alert badge to State Bar member profile pag...



Appellate Practice, Criminal, Judges and Judiciary

Earn MCLE credit familiarizing yourself with traffic infraction appeals.


Ethics/Professional Responsibility, Law Practice

New York attorney Michael Cohen made headlines again after revealing that he secretly recorded conversations between himself a...



Ethics/Professional Responsibility, Law Practice

Artificial intelligence is being used in the legal profession in a number of ways, including helping lawyers to perform resear...


State Bar & Bar Associations, Civil Rights, Ethics/Professional Responsibility

The prosecutor’s online postings have resulted in him being placed on administrative leave



Constitutional Law, U.S. Supreme Court

As was correctly observed at the beginning of this term by Justice Ruth Bader Ginsburg, “there’s only one prediction that’s en...


State Bar & Bar Associations, Ethics/Professional Responsibility

State Bar seeks comment on ethics rule

Jul. 2, 2018
By Lyle Moran

Proposed Rule 1.2.1 could provide guidance for lawyers advising marijuana industry clients.



Civil Litigation

In my civil court, there is a document that I routinely order removed when it appears in trial exhibit books: requests for adm...


Ethics/Professional Responsibility, Law Practice

The key is to remain open to whichever process your client wishes to use.



Appellate Practice, California Courts of Appeal, California Supreme Court, Judges and Judiciary

Citing the uncitable

Jun. 6, 2018

Lawyers can’t cite unpublished appellate opinions, except...


Most business contracts end after the parties have performed their duties, or on the stated expiration date. Collective bargai...



State Bar & Bar Associations, Ethics/Professional Responsibility, Law Practice

We set out to examine, among other things, if and how discipline affects attorney career longevity, if there are lasting effec...


Ethics/Professional Responsibility, Law Practice

It’s safe to say that social media use by attorneys and law firms will only continue to grow as younger generations take the r...



State Bar & Bar Associations, California Supreme Court

Attorneys will have to pay about an $82 cost for re-submitting prints to the State Bar.


Administrative/Regulatory, Government, Health Care & Hospital Law, Civil Litigation

Personal injury attorneys who have cases where the claimant is a Medicare beneficiary need to have a basic understanding of Me...