Author: San Diego County Bar Association
Ethics and Technology on the Cutting Edge
By Edward McIntyre
Slowly — as though pushing through a parting cloud — some of us only now are beginning to realize that AI (artificial intelligence) is shaping, and likely will dominate, our lives and futures. Well beyond our expectations. Beyond our imaginations, even. Yet this is the precise environment that California Western School of Law’s Second Annual Legal Ethics Symposium sought to tackle — with the added dimension of its ethical implications. Read More
From haircuts to paintings, how and what I bartered for my legal services
By Elizabeth Blust
In the opening scene of the movie“To Kill a Mockingbird” — and in a later scene in the book by Harper Lee — client Walter Cunningham brings a bag of hickory nuts to lawyer Atticus Finch as payment for the latter’s help with the former’s entailment. Now that I am a lawyer myself, I understand not only what entailment is (and why, as young Scout Finch commiserates with Mr. Cunningham later, “entailments are bad” and take “a long time sometimes”, Ch. 15), but also the value of accepting barter as a means of payment for legal services. Read More
By Eric Ganci
Police have a new addition to try and fight the war on impaired driving: the Drager 5000. This device swabs the person’s mouth/cheek area to screen saliva for non-alcoholic intoxicating substances, including amphetamines, cocaine, marijuana and prescription drugs. This test is given before arrest, and acts as a field sobriety test. For attorneys who may provide guidance on this new device, there are a few important things to note, both scientifically and legally: Read More
By David Carr
One of most fundamental ethical rules is that lawyers must be competent in the provision of legal services. It is the very first substantive rule in the ABA Model Rules of Professional Conduct (Model Rules) and the very first rule in the new California Rules of Professional Conduct (Rule 1.1) that become effective on November 1, 2018. Read More
How to improve your speaking in and out of the courtroom from a lawyer comedian
By Ken Turek
Americans are more afraid of public speaking than death. To Jerry Seinfeld that means if we go to a funeral we’d rather be in the casket than giving the eulogy. I have walked off stage to a thundering ovation and have been booed off by a swearing mob. Using the same material! I’ve also had jurors tearfully cheer me after a verdict and had other times I’ve heard crickets. How can we do our best? Or at least improve our chances the boos will be polite? Here are three items to consider. Read More