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Publications OC Lawyer Monthly Articles Ethically Speaking

OC Lawyer / Ethically Speaking

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..

March 2018 Ethically Speaking - Potential Perils of “Litigating on the Courthouse Steps”

When blogging can really get you into trouble. Read More..

February 2018 Ethically Speaking - Fixing Your Mistakes: The Ethical Implications of Duty When Things Go Wrong

How to avoid additional liability after a mistake has been made.  Read More..

January 2018 Ethically Speaking - 2017 Year in Review

A review of last year’s notable Ethically Speaking columns. Read More..

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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