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Constitutional Law, Ethics/Professional Responsibility, Judges and Judiciary

In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the j...


Ethics/Professional Responsibility, Law Practice

In 2019, the Court of Appeal (but not Supreme Court) predictably addressed many of the same general issues which come before i...



Ethics/Professional Responsibility, Law Practice

While the use of litigation finance is now well-established in the legal industry, it still garners significant attention amon...


Ethics/Professional Responsibility

As we transition from 2019 to 2020, we need to consider issues such as what obligation does a lawyer have when a judge or publ...



Ethics/Professional Responsibility

Teaching the required course in professional responsibility, an anodyne title for legal ethics, I always face the same issue a...


Appellate Practice, Ethics/Professional Responsibility, Civil Litigation

Losing hurts. And when we’re hurt, we want to lash out. But lawyers know — or should know — that lashing out is not profession...



Ethics/Professional Responsibility

“Behavioral Legal Ethics” is a relatively new area of the law that deals with how automatic and mostly unconscious processes p...


Ethics/Professional Responsibility, Judges and Judiciary, U.S. Supreme Court

It is an historical anomaly that Supreme Court justices are the only judicial category not currently covered by a code of cond...



Ethics/Professional Responsibility, Law Practice

The State Bar recently released Formal Opinion Number 2019-200 to address how an attorney must proceed carefully in balancing ...


Ethics/Professional Responsibility, Law Practice

Former associate justice of the Supreme Court Potter Stewart (1958-1981) advanced a very simple but elegant description of eth...



Effective Jan. 1, 2020, civil litigants will have the option of stipulating to the exchange of initial disclosure.


State Bar & Bar Associations

Slamming his fist and shouting, a federal judge said Monday he will grant a restraining order against a foul-mouthed attorney ...



Ethics/Professional Responsibility

All three will serve four-year terms, ending on Dec. 31, 2023.


Ethics/Professional Responsibility, Law Practice

The floodgates protecting truly professional conduct of the legal profession were opened on June 27, 1977, the day the U.S. Su...



Appellate Practice, Law Practice, Civil Litigation

How to count to 30

Dec. 9, 2019

When an appellate justice writes a concurrence just to point out a trap for unwary practitioners, it merits some consideration...


Ethics/Professional Responsibility, Law Practice

Multiple sources have helped establish the principle that lawyers may ethically represent clients operating in the cannabis in...



Ethics/Professional Responsibility, Law Practice

Attorneys are often asked by their clients, “What do you think is going to happen?” or “What is this case worth?” Through expe...


Ethics/Professional Responsibility, Law Practice

The California Legislature has seen fit to add a new tolling exception to the statute which becomes effective on Jan. 1, 2020.



Civil Rights, Ethics/Professional Responsibility, Labor/Employment

It was recently reported that Ernst & Young subjected women employees to “training” that would keep the company’s men happy.


Ethics/Professional Responsibility, Law Practice

What ethical obligations arise when an attorney is required to withdraw from representation because the client’s claim(s) lack...



Ethics/Professional Responsibility, Law Practice

Due increasing lateral movement, it is more important than ever that firms take a close look at who they are hiring and how to...


Ethics/Professional Responsibility

Gov. Gavin Newsom on Wednesday signed AB 242, which mandates all California lawyers and court employees must receive implicit ...



State Bar & Bar Associations, Ethics/Professional Responsibility

Based upon a long line of California cases, a new ethics opinion acknowledges the potential dual benefits to both clients and ...


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

A State Bar task force’s nonlawyers suggestions generated overwhelming opposition during the early stages of the public-commen...



State Bar & Bar Associations, Ethics/Professional Responsibility

As a result of the re-fingerprinting process producing thousands of reports of attorney convictions for the State Bar to revie...


State Bar & Bar Associations, Ethics/Professional Responsibility

Now that California has adopted its own version of ABA rule 8.4, Misconduct, it is increasingly apparent that an attorney´s of...



State Bar & Bar Associations, Ethics/Professional Responsibility

The California State Bar Ethics Committee recently joined the discussion regarding legal services to cannabis clients in a pro...


Ethics/Professional Responsibility, Law Practice

To market, to market!

Jul. 12, 2019

Ethical lawyer advertising can be like a high-wire act.



Ethics/Professional Responsibility

Attorneys who ignore billing problems when they arise not only make things harder on themselves in collecting fees, but also c...


Ethics/Professional Responsibility, Law Practice

California’s new Rules of Professional Conduct, effective Nov. 1, 2018, put new two factors at the top of the list of 13 eleme...