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California Legal Ethics

ABA Blesses Remote Practice – Is California in?

Posted by David Carr | Dec 16, 2020 | 0 Comments

The American Bar Association (ABA) has issued formal ethics opinion 495 “Lawyers Working Remotely.” A timely topic in the midst of the pandemic and an opinion that will offer some comfort to those who are currently living and practicing in a jurisdiction where they are not licensed. The digest c...

Nguyen v Ford: The Long Goodbye Gets a Little Shorter

Posted by David Carr | May 18, 2020 | 0 Comments

Nguyen v. Ford (Sixth App. Dist., case no H046809, filed 4/24/20, published 5/13/20) addresses tolling under the legal malpractice statute of limitations, specifically Code of Civil Procedure section 340.6(a)(2) which provides that  the limitations period is tolled while “the attorney continues...

Hush Agreements on State Bar Complaints

Posted by David Carr | May 13, 2020 | 0 Comments

Recently amended AB 3362 is notable for the fact that it reduces State Bar licensing fees (“dues” no longer) by a munificent $34.00.  But a recent amendment also shines a light on a statutory provision often overlooked, often to a lawyer's sorrow: Business and Professions Code section 6090.5, whi...

A Rainy Night In Georgia Legal Ethics

Posted by David Carr | May 09, 2020 | 0 Comments

A black man is murdered. Two white suspects tell the police that the killing was self-defense. The police do not pursue the investigation.  Later, video is leaked to the news media that appears to show that the murder was not self-defense, that the murdered man was defending himself against one ...

Reinstatement: A Notable Dissent That Few Will Note

Posted by David Carr | Apr 07, 2020 | 0 Comments

On March 25 ,2020, the California Supreme Court denied a petition for review of a State Bar Court decision in a reinstatement case filed by former attorney Stephen J. Liebb.  That in itself is unremarkable;  the Supreme Court denies most petitions for review of State Bar Court decisions.  Liebb ...

ATILS Shrugged

Posted by David Carr | Mar 24, 2020 | 0 Comments

On March 12, 2020, the Board of Trustees of the State Bar of California voted to shelve consideration of most of the proposals contained in the final report of the State Bar's Task Force on Access Through Innovation of Legal Services (ATILS).  Among the most heralded of those proposals was the ...

Unicorn Sighting: Discipline for Conflict of Interest

Posted by David Carr | Mar 19, 2020 | 0 Comments

It is has been an item of conventional wisdom that conflicts of interests, while presenting many interesting ethical issues, are mostly dealt with through civil remedies, such as disqualification and actions for breach of duty, not discipline.  This is evidenced by a relative paucity of discipli...

Can the Discipline System Address Extreme Incivility?

Posted by David Carr | Dec 18, 2019 | 1 Comment

For every wrong, there is a remedy Civil Code section 3523 Maxims of Jurisprudence This is a little more than the average “lawyer does bad thing” story that is a staple of the legal press.  A Culver City lawyer who abused opposing counsel with a number of highly offensive email messages...

Court of Appeal Test Drives New Candor Rule

Posted by David Carr | Nov 05, 2019 | 0 Comments

The First District Court of Appeal, Div. 2, issued a Halloween-eve decision that surely qualifies as some lawyers' horror story. The decision Davis v. TWC Dealership Group, Inc., case no. A155030, filed 10/30/19, involved arbitration clauses in employment contracts, but it was published to “also...

Welcome To Our Blog

Posted by David Carr | Aug 09, 2019 | 0 Comments

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.  Facebook ...

Price of Domestic Violence Goes Up in State Bar Court

Posted by David Carr | Jul 08, 2019 | 0 Comments

A large part of the work of the California discipline system is dealing with attorneys who are convicted of crimes. This part hasn't always gotten a lot of attention, something that may have changed with the highly publicized retroactive fingerprinting of attorneys by the State Bar of California....

A Judicial Cri De Coeur On Civility

Posted by David Carr | Jun 18, 2019 | 0 Comments

The tone of most judicial opinions runs a little cold. Decisions crafted with logic and authority that read as if they might have been written by Mr. Spock or some futuristic AI. A recent decision of the Fourth District Court of Appeal moves against the trend, blending its logic and authority wit...

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