Author: San Diego County Bar Association

Rule 1.2.1: Hired Guns Or Client Gatekeepers?

By David C. Carr

Lawyers owe many ethical duties to their clients. Most of these duties are bottomed on the fiduciary nature of the attorney-client relationship. But lawyers also owe ethical duties to the judicial system and other persons arising from their status as officers of the Court and agents of the justice system. The most exciting (sometimes too exciting) problems in legal ethics arise from conflicting duty situations. California’s Rule of Professional Conduct 1.2.1 provides the context for many conflicting duty scenarios. It has been a part of ethical controversies since it became part of the black letter law of legal ethics on its adoption by the Supreme Court in November 2018. Read More

President’s Message: November 8, 2021

Today’s action from the 30 Days of Gratitude Challenge that I’m doing is to write down something you are thankful for that has nothing to do with worldly possessions. This is an easy one for me as we come off a busy week of bar association dinners; I am grateful for this San Diego legal community. I teared up during the Tom Homan LGBT Law Association’s Gala Dinner while Judge Rubin and Justice Jenkins chatted by the firelight, and I wasn’t alone. I learned so much during the Native American Lawyers Virtual Gala from artist and activist Gerald Clarke Jr. (Cahuilla Band of Indians). I was inspired by the strength of the South Asian Bar Association’s leadership, which was matched by the fearless keynote by Judge Bernadette D’Souza. I cheered to see how many students the Earl B. Gilliam Bar Foundation awarded scholarships to, and how many elected officials honored the work of both the Foundation and Association. At each of these events, I was reminded of how important the work we do is and how fortunate we are to do it together. Read More

President’s Message: November 1, 2021

And just like that, it’s November. This month I plan to start each week with something that sparks gratitude within me. In the past, I have engaged in various gratitude challenges and, while they can sometimes feel like work, they have always been worth the effort for me. I found this 30 Day Gratitude Challenge this year, and I’m starting today by sending a positive note to someone – handwritten and snail-mailed, no less! If you join the challenge, I hope you’ll let me know how it’s going throughout the month! Read More