Category: Legal Ethics

Can A Lawyer Respond to a Negative Online Review? 

By Anne M. Rudolph

The business of being a lawyer is not unlike other businesses in the sense that we rely on satisfied customers (clients) to establish, build and maintain a successful practice. Word of mouth and recommendations are an integral part of that process. In the modern age, online review sites have become ubiquitous. Avvo, Google, Martindale-Hubbell, and Yelp, are some of the most well-known on which someone can post a review of a lawyer’s services.  Read More

The Lawyer’s Duty to Communicate Settlement Offers in Civil Matters

By Shelly Skinner

California’s legal ethics rules are designed to protect the public and the integrity of the legal system, while promoting the administration of justice and confidence in the legal profession. Cal. Rule of Prof. Conduct 1.0. Attorney candor is crucial to achieving these aims. While the legal ethics rules set forth many aspects of the duty of candor, this article will focus on the duty to communicate settlement offers in civil matters. Read More

ABA Formal Opinion 501 Provides Guidance for Attorneys Enlisting or Accepting the Assistance of Others in Generating New Client Contacts

By Mallory H. Chase

Although nonlawyers are not directly governed by the California Rules of Professional Conduct (see CRPC, rule 1.0(a) [the “rules are intended to regulate professional conduct of lawyers through discipline”] [emphasis added]), rule 8.4 provides that it is professional misconduct for a lawyer to “violate these rules or the State Bar Act, knowingly* assist, solicit, or induce another to do so, or do so through the acts of another[.]”[1] (CRPC, rule 8.4(a).) Additionally, under CRPC, rule 5.3, managerial and supervisory lawyers must make reasonable efforts to ensure the conduct of nonlawyers who are employed by, retained by, or associated with the lawyer is compatible with lawyer’s professional obligations. Among those professional obligations is the prohibition on certain types of solicitations, as delineated in CRPC, rule 7.3.[2] Read More