OC Lawyer / Ethically Speaking
April 2014 - Retaining the Client File After the Representation Ends

In case you were wondering how long you have to keep those papers. Read More..

March 2014 - Litigation as a Pressure Tactic: Be Sure of Your Target

Beware of suing one party to get to another. Read More..

February 2014 - Who’s Your Daddy? Analyzing Parent-Sub Conflicts of Interest

Know when a parent can become the ugly-stepsister obstacle to representation. Read More..

January 2014 - 2013 Ethics Year in Review

A year’s worth of ethics cases summarized for your convenience (and compliance!) Read More..

December 2013 - Requirements for Client Retainer Agreements

As you plan next year’s goals, be sure to review your retainer agreements and make any necessary up... Read More..

November 2013 - Legal Ethics, Social Media, and the Jury

You may be obligated to search online for information about your jury pool. Read More..

October 2013 - Of Dolls and Duties: The State Bar Court’s Exoneration of Attorney McHugh

Good news: you are not obligated to violate your clients’ requests, even if they sound crazy. Read More..

September 2013 - The Unassuming Plaintiff: Attorneys’ Duties to Non-Clients

Do right by those foreseeable beneficiaries (and other non-clients who could expose you to liabilit... Read More..

August 2013 - Lawful and Unlawful Prelitigation Demand Letters

Bluffs are better saved for poker games—not lawsuits. Read More..

July 2013 - Secrets in a Google World: Understanding the Differences Between the Attorney-Client Privilege and the Duty of Confidentiality

Do not disclose certain facts about your clients, even if the information is already on the Interne... Read More..

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..