Schedule a Consultation 619-696-0526

California Legal Ethics

Too Clever By Half

Posted by David Carr | May 07, 2019 | 0 Comments

Another interesting State Bar Court decision, this one unpublished.  In the Matter of Bhardwaj.  Aside from another reminder that lawyers can be disciplined for conduct occurring outside the practice of law when they represent themselves, there is an interesting discussion of one of the things the respondent was sanctioned for an elaborate system of abbreviations meant to circumvent the word limitations in the Court of Appeals.  The Office of Chief Trial Counsel argued that it's violated the lawyer's duty to uphold the law (Bus. & Prof. Code section 6068(a)) and was an act of moral turpitude (Bus. & Prof. Code section 6106.) Neither, said the Review Department, citing to their own published decision In the Matter of Lilley (Review Dept. 1991) 1 Cal. State Bar Ct. Rptr. 476, because court rules are not equivalent to statutes, and the au courant definition of moral turpitude from the Supreme Court, In re Lesansky (2001) 25 Cal.4th 11.  Rather, respondent was rather “too clever by half”. This was clever enough, however, to constitute an aggravating factor.

No example of what this abbreviation system looked like in practice or was so dense as to amount to a secret code.

About the Author

David Carr

Biography David C. Carr ~ Ethics Lawyer   David C. Carr, an attorney in private practice in San Diego, California, specializes in ethics advice to lawyers, California State Bar discipline defense, and attorney licensing.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Me Today

Law Office of David C. Carr is committed to answering your questions about expert testimony, legal ethics advice, conflicts and disqualification, fee disputes, reinstatement, bar admission, and discipline defense law issues in California.

I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

Mailing Address

5694 Mission Center Rd
Box 602854
San Diego, CA 92108
619-696-0526

Menu