Tagged: Legal Ethics

Legal Ethics

The “Tripartite Relationship” Some Thoughts on Avoiding the Pointy End

By Edward McIntyre 

Typically, when a lawyer represents two clients in the same matter, the relationship is both clear and balanced. The lawyer owes equal loyalty to each client; neither has a primary claim on the lawyer’s fidelity. Indeed, should one client insist the lawyer not disclose important information to the other, the lawyer likely has to withdraw from the representation of at least that client—perhaps both. The reason? Rules of Professional Conduct, rule 3-310(C)(2) prohibits representation of clients with adverse interests in the same matter, and rule 3-500 requires communication of significant developments in the representation to a client. An instruction by one client not to reveal important information to the other flies in the face of rule 3-500’s mandate, triggering the precise adversity rule 3-310(C)(2) will not allow. Read More

Legal Ethics

New Fingerprinting Rule

By Deborah Wolfe

California attorneys need to know that as of June 1, 2018, all members of the California Bar are required to submit their fingerprints electronically to the State Bar. Most of us were fingerprinted (with real ink!) when we were sworn in as active members, but the Supreme Court ordered on May 23, 2018, that most actively practicing attorneys must be re-fingerprinted electronically by an approved Department of Justice Live-scan provider no later than April 30, 2019. Registered in-house counsel and foreign legal consultants need to submit fingerprints when renewing their registration by February 1, 2019. Failure of an attorney to comply with this Rule of Court, specifically Rule 9.9.5, by the deadline, subjects the attorney to monetary penalties, including potentially a license suspension (involuntary status change from “active” to “inactive”) until the requirement is met. Read More

Legal Ethics

The New Rule 4.1 “Truthfulness in Statements to Others”

By Richard D. Hendlin 

When the new and revised Rules of Professional Conduct become effective on November 1, 2018, California will finally join the other 49 states which have already adopted some version of American Bar Association (ABA) Model Rule 4.1 “Truthfulness in Statements to Others.”  California’s Rule 4.1 provides: Read More