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OC Lawyer / Ethically Speaking

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 Takin 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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February 2022 Ethically Speaking - Ethical Rules for Paralegals and Other Paraprofessionals

Existing and proposed rules that would cover paraprofessionals in California.

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January 2022 Ethically Speaking - 2021 Year in Review

Selected decisions from last year, just in case you missed one.

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December 2021 Ethically Speaking - Marketing Mishap: Recording Initial Client Calls to Maximize Return on Investment

If you are recording client calls as part of a new marketing strategy, you may be violating the rules of professional conduct.

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November 2021 Ethically Speaking - The Ethics of Lawyer Threats

Sometimes, threats of legal action cross the line into extortion.

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October 2021 Ethically Speaking - “Are You My Lawyer?”: (More) Lessons from Theranos: Attorney Client Priviledge Considerations in the Corporate Context

Advice for counsel who represent corporations.

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September 2021 Ethically Speaking - Navigating the Ethics of Evidence Gathering

Important ethical rules relevant to every litigator.

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August 2021 Ethically Speaking - Vetting Vendors: A Lawyer’s Ethical Duty

There is an ethical duty of technological competence, and it includes vetting vendors.

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July 2021 Ethically Speaking - Be Careful Whom You Choose as an Nontestifying Expert

A recent case sheds light on when an expert’s identity can be compelled.

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June 2021 Ethically Speaking - Remote Work and the Unauthorized Practice of Law in California

Rules to practice by.

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May 2021 Ethically Speaking - Navigating Fees and Retainers: A Sea of Change

Learn about your options when negotiating fee agreements and retainers.

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April 2021 Ethically Speaking - Ethical Ways of Responding to Online Postings

Rules of ethics may prevent an attorney from defending her honor online.

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March 2021 Ethically Speaking - The Buck Stops Here: Oversight Obligations as to Subordinate Attorneys and Non-Attorney Employees

What the rules say about supervisory attorneys’ obligations, including associates.

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February 2021 Ethically Speaking - Ethical Issues Arising From Interviews With Prospective Clients

You can avoid creating more conflicts than necessary when interviewing a prospective client.

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