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OC Lawyer / Ethically Speaking

October 2023 Ethically Speaking - The Ethical Parameters of Disputes Among Successive Attorneys Over Lien Rights and Contingent Fees

There are different ways contingent fee disputes can be resolved.

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September 2023 Ethically Speaking - Ethical Issues Arising From Attorneys Testifying as Expert Witnesses

May an attorney testify as an expert in a matter adverse to a client or former client?

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August 2023 Ethically Speaking - The Uncodified Exceptions to the Duty of Confidentiality in California

Analyzing case law can help us understand when we can reveal client information.

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July 2023 Ethically Speaking - Ethical Considerations for Attorneys Before Speaking to the Media

Make sure you speak with your client before speaking with the media.

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June 2023 Ethically Speaking - To Make (or Not Make) a Frivolous Argument: What if It Turns Out Not to Be Frivolous?

What the rules say about making every possible argument on behalf of your client.

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May 2023 Ethically Speaking - When You Can (And Can’t) Contact a Represented Party

Nuanced rules for represented parties.

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April 2023 Ethically Speaking - California’s Proposed New Tattletale Rule

Following Model Rule 8.3, California likely will require reporting other attorneys’ bad ats to the State Bar.

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March 2023 Ethically Speaking - The Ethics of Artificial Intelligence in Legal Practice

What you need to know to avoid violating ethical rules.

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February 2023 Ethically Speaking - Will Attorneys Soon Be Subject to Discipline for Incivility?

California’s proposal for enforcing civility guidelines.

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January 2023 Ethically Speaking - 2022: The Ethics Year in Review

In case you missed one, an overview of some of the most significant ethics opinions of the last year.

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December 2022 Ethically Speaking - The Credit Card Conundrum: Passing Credit Card Processing Fees on to Clients

Beware of losing more than you gain if you decide to pass along fees.
 

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November 2022 Ethically Speaking - All Lawyers Should Render Pro Bono Legal Services—Ethically

All Lawyers Should Render Pro Bono Legal Services—Ethically

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October 2022 Ethically Speaking - The Secrets of Success: Crafting Attorney Bios While Safeguarding Client Confidentiality

The OCBA’s new ethics opinion covers the type of client information you can include in your professional bio.

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September 2022 Ethically Speaking - Navigating the Boundaries of the “Hot Potato” Rule

Important case law that explains how to navigate certain conflicts of interest.

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August 2022 Ethically Speaking - Avoiding Pitfalls When Making a Referral to Another Lawyer

Relevant California rules to consider before making a referral.

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July 2022 Ethically Speaking - ABA Formal Opinion 500 Provides Guidance Regarding Common Language Differences

Duties of communication and competence require attorneys to take certain steps in representing their clients who speak a language other than English.

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June 2022 Ethically Speaking - The Ethics of Taking on New Clients

Key California Rules of Professional Conduct that pertain to accepting new clients.

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May 2022 Ethically Speaking - “So You’re Leaving the Firm”: Ethical Considerations When a Lawyer Ends Their Employment

Leaving a firm does not absolve an attorney of all obligations toward clients.

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April 2022 Ethically Speaking - The Fiduciary Duty to Communicate With Your Client About Acts of Malpractice

Navigating the tension between an attorney’s self-interest and the duty to disclose errors to one’s client.

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March 2022 Ethically Speaking - Hold the Presses! Are Communications With Public Relations Consultants Privileged?

Whether privilege covers communications with PR consultants depends on certain factors.

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