Legal Ethics

Model Rule 8.3: The Argument Against

By David C. Carr

American Bar Association (ABA) Model Rule 8.3 provides that “a lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.” Despite being adopted by most, if not all, American jurisdictions, Rule 8.3 has not been adopted in California. A California version was considered by the Commission for the Revision of the Rules of Professional Conduct but not adopted as part of the Commission’s recommended set of rules. The drafting team memo sets forth this analysis: Read More

Wellness

Lettuce Meal Plan

By Heidi Weaver

It’s kind of a running joke here at the law school where I work that lunchtime can be feast or famine. Some days you’re lucky if you can grab a stale granola bar or some Pirate Booty from the snack tray in our department, while other days there’s leftover pizza, In-N-Out burgers, and yellow curry coming our way from all the midday programming events that are going on. Neither of these extremes is particularly healthy, but I’m always grateful for any form of sustenance I can get since I’ve never been great at making and packing a lunch for work. Such a thing for me connotes meal planning, and meal planning is an activity I’ve just never been drawn to. In my mind, meal planning means spending all Sunday at the supermarket and then being stuck in the kitchen laboring over cookbooks and a hot stove. A lofty goal, but never a practical one when I only have minutes to spare. Read More

Legal Ethics

The Significant Costs of Incivility and the Rules of Professional Conduct

By Alara T. Chilton

For many years, improving civility among lawyers has been a serious concern for the legal profession, including in California. In response, the State Bar, district courts, local bar associations, and other legal organizations have published civility codes and guidelines to help lawyers better understand what type of behavior is considered civil and professional. Unfortunately, many lawyers inaccurately view these publications as having little consequence if not followed. Such viewpoints are gravely misplaced. Read More

Judicial Mentor Program: 2023 Applications

Law Practice

Judicial Mentor Program: 2023 Applications

By Judge Dwayne Moring

The San Diego Superior Court launched a local Judicial Mentor Program (JMP) last year to encourage the development of a well-qualified and diverse judicial applicant pool with a varied background of legal practice areas. Read More

Legal Ethics

Social Media Competence: An Ethical Requirement

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