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
Ethical Limitations on the Attorney “Overachiever”
By Mallory H. Chase
As an attorney seeking to advance your career, whether within a firm or within the legal community at large, you may feel the “overachiever” instinct to immediately accept any new assignments, cases, or opportunities within industry organizations. Taking on such additional commitments can be an effective means for motivated attorneys to set themselves apart. While “keeping your nose to the grindstone,” “burning the midnight oil,” or any other hardworking adage of your choice is arguably an occupational hazard of the legal profession, attorneys must remain mindful of their professional obligations and ethical limitations on stretching themselves too thin.Read More
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
You did it! Three years of stress. Three years of late nights hopped up on caffeine. Three years of interviews, internships, rejections, and successes.Read More
Apparently, in 2022, despite years of progress and women entering the legal profession at a rate of 51% compared to men, misogyny is alive and well — though perhaps less overtly than was tolerated in the past. However, the current Rules of Professional Conduct (RPC), in effect since Nov. 1, 2018, provide for the State Bar to take disciplinary action against lawyers engaging in discriminatory conduct of any kind against anyone when acting in their capacity as a lawyer. The former RPC dealing with virtually all types of unlawful discrimination by lawyers, 2-400, was a weak and rarely-used basis for discipline, and only applied to the “management or operation” of a law practice. Specifically, a 2-400 violation was not even actionable by the Office of Chief Trial Counsel unless it was first “found to be unlawful by an appropriate civil administrative or judicial tribunal under applicable state or federal law. Until there is a finding of civil unlawfulness, there is no basis for disciplinary action under this rule.”Read More
