Tagged: #ethicsinbrief

By Mallory H. Chase

Currently out for public comment are two alternative versions of a proposed new California Rule of Professional Conduct, rule 8.3, which would address a lawyer’s duty to report the misconduct of another lawyer to the State Bar. As it stands, California is the last hold-out United States jurisdiction without an adopted rule on the topic. Read More

By Michael L. Crowley

As most practitioners know by now, there was a major revision of the Rules of Professional Conduct in 2018 that govern us all. One controversial change was to Rule 4.2 (previously Rule 2-100) that was only the change of one word. The one-word change is highlighted in the title of the Rule. It went from “Communication With a Represented Party” in Rule 2-100 to “Communication with a Represented Person” in new Rule 4.2. The change replaced “Party” with “Person.” Read More

By Mitchell L. Lathrop

Professional ethics require that at the outset of the attorney-client relationship, the client is made aware of the nature and scope of the attorney’s responsibilities, usually through an engagement letter. Few things are as important in today’s law practice as engagement letters. Inadequate or poorly drafted engagement letters can spell real problems for the lawyer. Boilerplate terms can also be a source of trouble for the lawyer or firm utilizing them. Limited engagement letters are problematic when the limited scope is not followed. When the lawyer exceeds the scope of a limited engagement, the limited engagement letter will not protect the lawyer in subsequent legal malpractice proceedings. (Astral Brands v. Boyd, 2021 U.S. Dist. LEXIS 114224, 2021 WL 2448358 (N.D. Ga. Apr. 28, 2021). As the court pointed out in Piscitelli v. Friedenberg (2001) 87 Cal.App.4th 953, 983, “An attorney’s duty to his or her client depends on not only the existence of an attorney-client relationship, but also the scope of the duties assumed by the lawyer.” Where an agreement for legal services violates the Rules of Professional Conduct, it may be declared unenforceable.(Chambers v. Kay (2002) 29 Cal.4th 142 (enforcement of a fee division agreement undertaken without written client consent held unenforceable on the ground that the arrangement violated the Rules of Professional Conduct).) Read More

By David C. Carr

It is a truism that lawyers are often better at protecting their clients than protecting themselves. One area that illustrates this is what are colloquially referred to as “conflict waivers.” Read More

By Anne Rudolph

Some attorneys advertise their services by purchasing ads in the newspaper, a trade magazine, and in other more traditional ways that are easily understood to be marketing and advertising. All such marketing and advertising must comply with the Rules of Professional Conduct.  Read More