Legal Ethics

The Ethical Implications of Threatening Criminal, Administrative, or Disciplinary Charges

By Richard Hendlin

This Ethics in Brief will review California Rules of Professional Conduct [CRPC] Rule 5-100 which makes it improper for a California lawyer to “threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.” (CRPC 5-100(A).) The term “administrative charges” means the filing or lodging of a complaint with federal, state, or local governmental entity which may order or recommend the loss or suspension of a license. (CRPC 5-100(B).) A “civil dispute” includes “an administrative proceeding of a quasi-civil nature pending before a federal, state, or local governmental entity,” including administrative hearings for professional licenses. (CRPC 5-100(C).) Read More

Business & Corporate Law / Wisdom

Arbitration and Dysfunctional Drafting

By Carl Ingwalson Jr.

“A cautionary note – we spend too much time trying to make sense out of arbitration agreements precisely because litigants spend too little time drafting them. Increasingly, we have been presented with incoherent hybrids and bizarre mutations of supposed agreements for judicial or contractual arbitration.” National Union Fire Ins. Co. v. Nationwide Ins. Co. (1999), 69 Cal. App 4th 709, 717. Read More

Technology

LawPay Security Series: Part I

Courtesy of LawPay

Your path to a more secure law firm starts today! Our mission with this Security Series is to promote better data protection in law firms through simple, manageable steps. Throughout the year, we will deliver practical tips you can use to easily update security in your firm. With the increase of cyber-crime and the associated risk to your firm, securing your assets is more important than ever. Read More