Category: Legal Ethics

Simple Competence: Surprisingly Complex

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

Non-Legal Services: Ethical Rules and Compliance

By Robert Bryson

Young lawyers are always looking for ways to increase their revenue. Most of us would like to rely solely on retaining clients but, as anyone with a small practice knows, there are spurts of intense work followed by lulls that can last weeks. Lawyers have a variety of skills that translate into other industries. For example, writing. Something I did to fill the gaps was online marketing and SEO through online content. There are three situations in which lawyers may provide non-legal services: Read More

Ethical Issues re: Accepting Payments from a Third Party, Fee Agreements, and Third Party Presence

By Marianne Barth

You recently opened your own law office specializing in family law, and are scheduled to meet with your first client, Winnie, who is interested in having you prepare a prenuptial agreement as to her upcoming marriage to Harry. Winnie’s father, Dan Morebucks, believes that in the event the marriage does not work out, Winnie should be awarded spousal support of $20,000/month, full custody of his anticipated grandchildren, and title to the to-be-purchased family residence. Dan Morebucks, a very wealthy man, will be paying all of Winnie’s legal fees and costs related to the preparation of the prenuptial agreement. Read More