Author: San Diego County Bar Association

Policy Limit Demands Vs. Mediation Confidentiality: Part 1

By Richard A. Huver

Is the lid off the policy?  That question has undoubtedly been asked by plaintiff and defense lawyers alike.  Whether an insurance company has a duty to accept a policy limits demand is generally an individualized question dependent on many factors, including the timing of the demand, the information available on both liability and damages, and the likelihood of a verdict in excess of the policy limits.  Evaluating how these factors apply to a demand made during the claim process or litigation is one thing.  But what happens if the policy limits demand is made incident to or during a mediation? Read More

Apples and Oranges: Disqualification and the Rules of Professional Conduct

By David C. Carr

The California Rules of Professional Conduct (Rules) are intended to provide standards for the imposition of professional discipline on lawyers in California (Rule 1.0.1.) But in practice the Rules are applied in other contexts, such as legal malpractice, fee disputes and disqualification of counsel in court, a reality acknowledged by Comment 1 to Rule 1.0.1: Read More

The Crisis of Purpose in the Legal Profession

By Marta Manus

Purposeful engagement is directly linked to a person’s overall well-being and quality of life. At the Yale School of Management, every MBA student takes a class on purpose at work. Unfortunately, my law school didn’t offer such a class. In fact, law school was primarily focused on creating individuals who “think like lawyers.” How do lawyers think? What are lawyers taught about the legal profession in law school and how is it serving lawyers, the profession, and the world at large? Read More

Candor to the Court — An Unexpected Burden

By Edward McIntyre

California’s new Rules of Professional Conduct went into effect November 1, 2018. This article will examine some of the ethical considerations of Rule 1.5 (Fees for Legal Services) and discuss some of the best practices for compliance. Read More