Even If You Screw Up, All’s Not Lost
Some lawyers face State Bar discipline because of deliberate misconduct; others, because stupid misconduct put them there.
Some lawyers face State Bar discipline because of deliberate misconduct; others, because stupid misconduct put them there.
Rules 1.9(a) and 1.18(c) address conflicts involving representing a current client with interests that are 'materially adverse' to the interests of a former client or prospective client on the same or a substantially related matter.
Next time a colleague asks you for a courtesy extension of some deadline, remember, the decision is most likely yours, not your client’s.
Lawyers commit misconduct—an obvious fact evidenced by the discipline cases the Office of Chief Trial Counsel reports annually and decisions of the State Bar Court and California Supreme Court. But misconduct does not always mean severe discipline: suspension or disbarment even.
What is the scope of representation permissible under pro hac vice admission authorizing representation of an organizational defendant? Can such counsel also represent current and former employees of the company?

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