OC Lawyer / Ethically Speaking
June 2013 - Floodgates Open to Civil Claims Against Attorneys and Law Firms

Law firms may be considered “members” of the California State Bar. Read More..


May 2013 - “It Was My Understanding There Would Be No Patent Law!” Why State Court Judges and Legal Malpractice Attorneys Should Dust Off Their Patent

Patent law might be a required crash course...  Read More..


April 2013 - Co-counsel Conflicts of Interest

A screen in time saves nine. Read More..


March 2013 - Communication —An Essential Skill to Avoid Malpractice Liability and Discipline

“Call me … on the line, call me any, any, anytime” (Blondie) . . . “and if I am a lawyer, and you’r... Read More..


February 2013 - Social Networking and the Ethical Duty of Confidentiality

Cautionary words against sharing war stories about clients, no matter how many “likes” you might ge... Read More..


January 2013 - 2012 Ethics Year in Review

The OCBA Professionalism and Ethics Committee summarizes some key rulings to keep us out of trouble... Read More..


December 2012 - Counsel’s Ethical Violation Bars Fee Recovery

Class action attorneys: beware of certain incentive agreements. Read More..


November 2012 - Malicious Prosecution Exposure of Passive Counsel: “Stand By” for Liability

Cautionary words for those whose names appear on pleadings. Read More..


October 2012- Witness Interviews and Work Product

Substantial changes in the law after Coito . Read More..


September 2012 - Proposed Changes to the “No Contact” Rule Go Too Far

What you need to know about communications by and to your clients. Read More..


August 2012 - Communicating with Your Corporate Client’s Unrepresented Employees

How to be transparent, and therefore avoid liability, in communications with employees. Read More..


July 2012 - The Perils of Protecting the Privilege

If a judge orders you to disclose privileged information, do the rules allow you to comply? Read More..


June 2012 - Rule 502 and Clawback Agreements

Sometimes privileged material is inadvertently produced during discovery. Learn how to use Rule 502... Read More..


May 2012 - Friends with Benefits: When Does Socializing Between the Bench and Bar Warrant Judicial Disqualification?

When social media interactions connote impropriety. Read More..


April 2012 - I Could Be Disciplined for That?

Spot these ethical pitfalls now before you are faced with a similar real-life dilemma. Read More..


February 2012 - A Complex Web of Loyalties: The Tri-Partite Relationship & Cumis Counsel

Vital information if you hire or retain Cumis counsel. Read More..


January 2012 - Ethics in Review 2011

The past year saw another steady stream of ethics cases and opinions in California addressing a wid... Read More..


December 2011 - Outsourcing to Temporary Attorneys

Ethical considerations that may need to be considered . . . Read More..


November 2011 - The Rules of "Friending"

Ethically navigating social media . . . Read More..


October 2011 - Handling Your Adversary’s Privileged Documents to Avoid Disqualification

What are the duties of counsel acquiring privileged documents, and the consequences (disqualificati... Read More..