Category: Legal Ethics

Legal Ethics

The New Rules of Professional Conduct: What Lawyers Need to Know about New Rule 1.1 [Competence] and Rule 1.3 [Diligence]

By Alara Chilton

With the November 1, 2018 effective date for California’s new Rules of Professional Conduct fast approaching, you may be wondering how new Rule 1.1 [Competence] and new Rule 1.3 [Diligence] will affect your practice. How do these rules differ from one another and what do they require of practitioners?  Here is a brief look at what attorneys need to know about these two new rules. Read More

Legal Ethics

New Fingerprinting Rule

By Deborah Wolfe

California attorneys need to know that as of June 1, 2018, all members of the California Bar are required to submit their fingerprints electronically to the State Bar. Most of us were fingerprinted (with real ink!) when we were sworn in as active members, but the Supreme Court ordered on May 23, 2018, that most actively practicing attorneys must be re-fingerprinted electronically by an approved Department of Justice Live-scan provider no later than April 30, 2019. Registered in-house counsel and foreign legal consultants need to submit fingerprints when renewing their registration by February 1, 2019. Failure of an attorney to comply with this Rule of Court, specifically Rule 9.9.5, by the deadline, subjects the attorney to monetary penalties, including potentially a license suspension (involuntary status change from “active” to “inactive”) until the requirement is met. Read More

Legal Ethics

The New Rule 4.1 “Truthfulness in Statements to Others”

By Richard D. Hendlin 

When the new and revised Rules of Professional Conduct become effective on November 1, 2018, California will finally join the other 49 states which have already adopted some version of American Bar Association (ABA) Model Rule 4.1 “Truthfulness in Statements to Others.”  California’s Rule 4.1 provides: Read More

Legal Ethics

Internet-Based Marketing Programs: Be Selective

By Jennifer Gilman

On May 10, 2018, the California Supreme Court approved a comprehensive set of New Rules of Professional Conduct (New Rules) for California lawyers, which take effect November 1, 2018. Many attorneys are contemplating what the New Rules will mean for them in their everyday practice. In his article “What New Rules? I Barely Know the Old Ones,” Ed McIntyre discussed some of the key changes and highlighted areas where the practice of litigation will see significant changes. Read More