By Shelly Skinner

California Rule of Professional Conduct 1.1 requires that attorneys provide competent representation to their clients. This includes “the duty to keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology.” Cal. Rule of Prof’l Cond., Rule 1.1, Comment 1. Read More

By Deborah Wolfe

Apparently, in 2022, despite years of progress and women entering the legal profession at a rate of 51% compared to men, misogyny is alive and well — though perhaps less overtly than was tolerated in the past. However, the current Rules of Professional Conduct (RPC), in effect since Nov. 1, 2018, provide for the State Bar to take disciplinary action against lawyers engaging in discriminatory conduct of any kind against anyone when acting in their capacity as a lawyer. The former RPC dealing with virtually all types of unlawful discrimination by lawyers, 2-400, was a weak and rarely-used basis for discipline, and only applied to the “management or operation” of a law practice. Specifically, a 2-400 violation was not even actionable by the Office of Chief Trial Counsel unless it was first “found to be unlawful by an appropriate civil administrative or judicial tribunal under applicable state or federal law. Until there is a finding of civil unlawfulness, there is no basis for disciplinary action under this rule.” Read More

By Michael L. Crowley

Nary a week goes by without your author being asked how long we have to keep our files in storage. I would like to be able to give you a definitive answer, but there isn’t one. The state bar’s Committee on Professional Responsibility and Conduct (COPRAC), however, is venturing into the area and you are likely not going to like it.  Read More

By David C. Carr

Independence is often referred to as one of the core values of the legal profession. This value is reflected in American Bar Association Model Rule 5.4, entitled “Professional Independence of A Lawyer.” Model Rule 5.4(a) provides that a “lawyer or law firm shall not share legal fees with a non-lawyer …” with some narrow exceptions. Model Rule 5.4(b) forbids a lawyer from forming a partnership with a non-lawyer “if any of the activities of the partnership consist of the practice of law.” Subsection (c) of the Model Rule states that a “lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.” Finally, Model Rule 5.4(d) says that a lawyer may not practice in the form of a professional corporation or other association if a non-lawyer holds any interest in the entity, is a director or similar member of the control group, or otherwise has the right to control the professional judgment of the lawyer. The rationale is that non-lawyers, unbound by the lawyer’s professional obligations, may make decisions that are not in the clients’ best interest in the name of more profit for the business entity. Read More