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 …
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 …
California Lawyers Now Have Duties To Clients “Who Got Away”
9/24/19
By: Greg Fayard
Under Rule 1.18 of California’s Rules of Professional Conduct, lawyers must now protect the confidences of prospective clients–even if a formal lawyer-client relationship never materializes.
That is, confidential information conveyed by a would-be client to a California …