Friday, December 15, 2017
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December 2017 Ethically Speaking - The Surprising Consequences of Appealing an Order Disqualifying Counsel

The absurd results of staying a disqualification order. Read More..

November 2017 Ethically Speaking - Navigating Privilege in the Emerging World of Litigation Funding

Analyzing decisions about whether communications with a third-party funder are protected from discovery.

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October 2017 Ethically Speaking - Artificial Intelligence and Its Not-So-Artificial Legal Ethics Implications

How the use of AI could constitute the unauthorized practice of law.

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September 2017 - Will California’s New Rules of Professional Conduct Finally Embrace Ethical Screening?

There are gaps in the rules when it comes to screening conflicts.

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August 2017 - Breaking Up is Hard to Do: Promoting Civility and Professionalism Among Divorce Attorneys

A compelling case for taking the high road.

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July 2017 - Diminished Capacity—A Lawyer’s Growing Dilemma

We lawyers don't learn how to diagnose mental conditions in law school, although clients with mental conditions certainly can affect how we practice.

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June 2017 - Communications Between Counsel and PR Firms: Beware of Privilege Waiver

California law does not recognize a PR-firm privilege.

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May 2017 - Advising Clients Regarding California’s Marijuana Law Is a “Doobious” Practice

The ethics involved with profiting from the sale of marijuana.

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April 2017 - The Disappearing Attorney-Client Privilege

Before you bill your clients, read this!

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March 2017 - Law Firm Departures: Avoiding Abandonment Issues

Leaving your firm? You may have more obligations to clients than an exit memo.

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February 2017 - Ethical Issues to Consider Before Accepting Joint Representation

Important disclosure, payment, and loyalty considerations.

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January 2017 - 2016 in Review

Should auld ethics cases be forgot, and never brought to mind?

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December 2016 - Vicarious Disqualification of Law Firms in California

New case law suggests a broader approach when looking at whether to disqualify a firm because of a prior case conflict.

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November 2016 - The Message From Baxter v. Bock: Vet Your Fee Arbitrator Early

A recent case describes which disclosures are required to be made by arbitrators.

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October 2016 - Keeping Secrets: Why You Cannot Disclose Even Publicly Available Information If It Would Be Embarrassing or Detrimental to Your Client

Even if the attorney-client privilege permits disclosure of certain information, another duty may forbid it.

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September 2016 - Limits On Pre-Certification Communications With Putative Class Members

Before a class is certified, defendants should be careful what they say, and how they say it, to unrepresented parties.

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August 2016 - Judicial Recusal Due to the Litigation Views of a Judge's Future Employer

When judges accept private employment, when is there an appearance of impropriety in their current cases?

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July 2016 - Interview With Mandatory Fee Arbitration Committee Co-Chairs

Q & A with the experts. Read More..

June 2016 - Supreme Court Interprets Legal Malpractice Statute of Limitations: New Exceptions Create Confusion

How to tell which duties apply by virtue of your being an attorney. Read More..

May 2016 - How to Ethically End the Attorney-Client Relationship

What the rules require if you need to back out. Read More..
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