Author: San Diego County Bar Association
By Mallory H. Chase
Although nonlawyers are not directly governed by the California Rules of Professional Conduct (see CRPC, rule 1.0(a) [the “rules are intended to regulate professional conduct of lawyers through discipline”] [emphasis added]), rule 8.4 provides that it is professional misconduct for a lawyer to “violate these rules or the State Bar Act, knowingly* assist, solicit, or induce another to do so, or do so through the acts of another[.]”[1] (CRPC, rule 8.4(a).) Additionally, under CRPC, rule 5.3, managerial and supervisory lawyers must make reasonable efforts to ensure the conduct of nonlawyers who are employed by, retained by, or associated with the lawyer is compatible with lawyer’s professional obligations. Among those professional obligations is the prohibition on certain types of solicitations, as delineated in CRPC, rule 7.3.[2] Read More
Have you ever wondered why entrance to our profession takes the path it does? The historical context for the current licensing system is largely traceable back 101 years to the 1921 Report of the Special Committee to the Section of Legal Education and Admissions to the Bar of the American Bar Association chaired by Elihu Root. That was a time when there was only a single transcontinental telephone line, most Americans were still getting their first phone, Route 66 was just being planned, and the primary form of mass transportation was via train or ocean liner. As such, legal problems and customs were naturally more colloquial, and the rules, consequently, presumed that a lawyer would practice law only in and about one state. Accordingly, there was likely little discussion about uniformity in standards or reciprocity in admissions. Read More
Whether working on a case with a client or as part of volunteer service, I spend a lot of time in meetings. I love when meetings go smoothly. There is consensus regarding what priorities should be and the solutions we should employ to achieve our objectives. No feelings are hurt; the organization moves in the direction that everybody wants. The discussion goes quickly. And I get home sooner to see my wife and kids. Read More
By David C. Carr
The Fourth District Court of Appeal, Division 3, has a new opinion, Falcon Brands v. Mousavi & Lee L.L.P. (case no. G059477, filed 1/27/22), that adds to our knowledge of one of the more opaque issues in legal ethics: when do a lawyer’s demands to settle become extortion? Read More
Tomorrow, our directors will meet to select two people to be appointed to fill vacancies on our board. It really is a wonderful opportunity. Each fall, our membership does a fantastic job of selecting outstanding lawyers to join our ranks. I have had the privilege of being able to work alongside existing friends and to meet several new people. Each has been extraordinary. But there is one challenge in that task. When a third of the board is being replaced and there is a fairly large field of candidates to choose from, there is sometimes difficulty in figuring out what the overall composition of the board will be. Read More
