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OC Lawyer / Ethically Speaking

November 2019 Ethically Speaking - The Mobile Lawyer Effect: How Much are Lateral Hires Costing Your Firm?

Practical ways to deal with possible client conflicts.

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October 2019 Ethically Speaking - Ethical Duty of Technology Competence

Not only is it good business, but attorneys are obligated to understand certain technologies as part of their job duties.

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September 2019 Ethically Speaking - “My Boss Made Me Do It” Won’t Cut It: Why Ethics Is Important for New(er) Lawyers

Attorneys at all levels are expected to know and comply with the rules. Read More..

August 2019 Ethically Speaking - Ethical Issues Associated With California’s New Mediation Disclosure and Acknowledgment Requirements

What you need to know about the new form required for mediations.

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July 2019 Ethically Speaking - State Bar Weighs In on Whether Attorneys May Ethically Consult With In-House Counsel When Error Occurs

A recent opinion explains how much an attorney needs to disclose about an error in certain situations.

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June 2019 - New Rule 8.4.1 Prohibits Discrimination, Harassment, and Retaliation: Has the State Bar Stepped Outside Its Bailiwick?

A controversial new rule is explained.

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May 2019 – Mandatory Malpractice Insurance: An Attack on Access to Justice

If every attorney is required to bear the cost of mandatory malpractice insurance, will there be fewer who can afford to practice?

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April 2019 Ethically Speaking - Are Lawyers Immune From Liability When Making Judgment Calls?

There’s a reason you took that legal research course in law school.

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March 2019 Ethically Speaking - Implied Consent to Current Client Conflicts

Why it is best to seek written consent for concurrent representation.

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February 2019 Ethically Speaking - When Can Experts Be Disqualified Based on Prior Relationships?

An explanation of the different factors that influence courts’ decisions on expert disqualification.

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January 2019 Ethically Speaking - 2018 In Review

A review of the Ethics Columns in 2018, in case you missed one.

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December 2018 Ethically Speaking - To Purge or Not to Purge: Retaining Client Files in the Digital Age

It is not necessarily prudent to purge client files or convert them to digital storage.

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November 2018 Ethically Speaking - Conflicts of Interest Render Attorney Engagement Agreements Unenforceable in Their Entirety

The California Supreme Court provides financial incentives to make sure there are no conflicts before signing an engagement agreement.

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October 2018 Ethically Speaking - A Decade After Seagate, Uncertainty Over the Scope of Privilege Waiver in IP Cases Remains

Do your IP clients maintain separate opinion counsel and trial counsel?

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September 2018 Ethically Speaking - Disengaging From the Difficult Client

There are several rules that govern terminating an attorney-client relationship. 

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August 2018 Ethically Speaking - Avoiding Trouble by Handling Difficult Conflicts of Interest

Avoiding trouble in trusts and estates work.

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July 2018 Ethically Speaking - How Will California’s New Rule Permitting Ethical Screening Impact Law Firm Disqualification?

Ethical screens in California may function differently than you think.

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June 2018 Ethically Speaking - A Primer on the Ethics of Legal Advertising

The rules are not always clear when it comes to certain types of communications.   Read More..

May 2018 Ethically Speaking - The California Supreme Court Tackles Jewel v. Boxer and the Unfinished Business Doctrine

The import of Heller Ehrman LLP v. Davis Wright Tremaine LLP.  

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April 2018 Ethically Speaking - The Exercise of Judicial Discretion in Disqualification

A current case adds to California’s fact-dependent rules about disqualification. Read More..