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OC Lawyer / Ethically Speaking

November 2024 Ethically Speaking - I Just Met You . . . This Is Crazy . . . An Examination of Ethical Duties Owed to Prospective Clients—Even If You’re Not Retained

Get up close and personal with California Rule of Professional Conduct Rule 1.18 to avoid breaching a duty to someone you’ve just met!

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October 2024 Ethically Speaking - Judicial Remedies for Uncivil Conduct

A stun gun is generally not a good thing to bring to court.

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September 2024 Ethically Speaking - What Are a Mediator’s Ethical Responsibilities?

What to expect from a private mediator.

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August 2024 Ethically Speaking - Defending the Ethics of Conversion Clauses in Contingency Fee Agreements

Clauses to have in place for when a client upsets the cost-benefit calculation of a contingency fee arrangement by terminating the representation prematurely.

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July 2024 Ethically Speaking - When are Prelitigation Communications on Behalf of a Client Protected by the Litigation Privilege?

A new case addresses anti-SLAPP motions directed at an attorney’s prelitigation letter written to convey a client’s legal position.

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June 2024 Ethically Speaking - ABA Formal Opinion 504 Illuminates Choice-of-Law Considerations for Attorneys Practicing in Multiple Jurisdictions

Numerous factos can affect which state’s law applies to a representation.

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May 2024 Ethically Speaking - Withdrawing as Counsel Without Inviting Exposure

What to say, and not to say, when letting go.

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April 2024 Ethically Speaking - The California State Bar’s New Practical Ethical Guidance on Generative Artificial Intelligence

How do ethics rules for lawyers apply to the use of generative AI in practice?

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March 2024 Ethically Speaking - An (Attorney’s) Mind Is a Terrible Thing to Waste: Competency, Mental Health, and Substance Abuse

Mental health is a key component to competency in the practice of law.

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February 2024 Ethically Speaking - No One Likes a Snitch: Other Than the State Bar!

Ethical scenarios that may help lawyers understand when they are required to report conduct by other lawyers.

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January 2024 Ethically Speaking - Ethics Update: 2023 Year in Review

A review of some significant cases from last year.

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December 2023 Ethically Speaking - Navigating the Endless Ethical Issues for Estate Planners When Preparing Trusts

An overview of how to spot legal issues when preparing a trust.

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November 2023 Ethically Speaking - The Secret’s Out: Re-examining Client Confidentiality in the Aftermath of Covington

An SEC ruling gives attorneys pause.

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October 2023 Ethically Speaking - The Ethical Parameters of Disputes Among Successive Attorneys Over Lien Rights and Contingent Fees

There are different ways contingent fee disputes can be resolved.

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September 2023 Ethically Speaking - Ethical Issues Arising From Attorneys Testifying as Expert Witnesses

May an attorney testify as an expert in a matter adverse to a client or former client?

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August 2023 Ethically Speaking - The Uncodified Exceptions to the Duty of Confidentiality in California

Analyzing case law can help us understand when we can reveal client information.

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July 2023 Ethically Speaking - Ethical Considerations for Attorneys Before Speaking to the Media

Make sure you speak with your client before speaking with the media.

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June 2023 Ethically Speaking - To Make (or Not Make) a Frivolous Argument: What if It Turns Out Not to Be Frivolous?

What the rules say about making every possible argument on behalf of your client.

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May 2023 Ethically Speaking - When You Can (And Can’t) Contact a Represented Party

Nuanced rules for represented parties.

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April 2023 Ethically Speaking - California’s Proposed New Tattletale Rule

Following Model Rule 8.3, California likely will require reporting other attorneys’ bad ats to the State Bar.

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