Five things California lawyers have to report to the State Bar
4/5/22
California lawyers have certain reporting obligations to the State Bar. These obligations are mandatory. The reporting must occur within 30 days of the event. Failing to report can lead to discipline, jeopardizing the lawyer’s law license. …
The rule on joint representation conflict waivers for California lawyers has loosened up
9/21/21
Under the old rules of professional conduct attributable to California lawyers, whenever a lawyer represented more than one client, the safe protocol was to get an informed written consent from both clients to the joint representation …
A Quick Summary of the Ethics Rules on Discrimination for California Lawyers
4/20/21
By: Greg Fayard
For decades, the California State Bar had an anti-discrimination ethics rule applicable to lawyers. That rule prevented lawyers from unlawfully discriminating in hiring, promoting, firing, or accepting or not accepting cases based on certain protected characteristics—the big …
Are Non-Refundable Lawyer Retainers Legal in California?
1/26/21
By: Greg Fayard
Joe wants to hire Bill, a California lawyer, to defend a breach of contract case. Bill agrees to defend Joe but will only take a $10,000 non-refundable retainer. Is this legal? No.
Under Rule 1.5(d) of the …
California Lawyers Who Ignore Lienholders Do So At Their (Disciplinary) Peril
10/20/20
By: Greg Fayard
In personal injury law, California lawyers regularly must deal with medical liens. For example, lienholders have certain rights to proceeds from a settled case and expect to be paid. In the past, if a California lawyer ignored …
Avoiding Implied Attorney-Client Relationships with Individual Members of Small Companies
9/15/20
Where an attorney represents a partnership or entity, there is the potential for him or her to create an implied attorney-client relationship with its individual members, imposing a duty of care that the attorney may not be …
Are “Flat Fees” For Legal Services Okay in California?
7/15/20
By: Greg Fayard
Many lawyers in California charge their clients “flat fees.” That is, immigration lawyers, criminal defense lawyers, bankruptcy and estate planning lawyers, and patent lawyers all routinely charge “one price” for all services, regardless of the time it …
Attorneys, Beware Of The “Settle & Sue” Maneuver!
7/6/20
By: Elizabeth Lowery
Malpractice lawsuits against attorneys are often referred to as a “case within a case” because they must delve deep into the underlying lawsuit in order to determine whether an attorney’s representation fell below the standard of care, …
When Laws Conflict: What Ethics Rule Applies to a California Lawyer Advising On Cannabis?
6/30/20
By: Greg Fayard
It goes without saying that a lawyer—from California or elsewhere—shall not counsel a client to do something illegal.
But what about a state law that conflicts with a federal law? For example, federal laws that criminalize the …
How Should a California Mediator Deal With An Unrepresented Party?
6/17/20
By: Greg Fayard
Most California mediators are lawyers. When mediator-lawyers handle a mediation where one party does not have a lawyer, the lawyer-mediator has to treat that pro per party differently than a party who has a lawyer.
Specifically, if …
CAUTION! Disciplinary Action Ahead
2/27/20
By: Anastasia Osbrink
It has now been over a year since California Evidence Code, section 1129 went into effect, and as such, it is a good time to be reminded that compliance is mandatory and attorneys who fail to comply …
The “Two Hats” Rule for California Lawyer-Mediators
2/27/20
By: Greg Fayard
For decades now, many practicing attorneys also mediate or arbitrate cases. Gone are the days where only retired judges mediate or arbitrate. California’s Rules of Professional Conduct for lawyers recognize that some neutrals also practice law.
That …