California
Attorney Ethics Counsel

Current and Timely Information and Analysis About California Attorney Ethics in Practice

April 20, 2022

The National Push to Change UPL Rule 5.5 Has Begun

On April 18, 2022, the Association of Professional Responsibility Lawyers (APRL), a national organization made up of over 400 lawyers, law professors, and judges from around the country who focus on legal ethics and professional responsibility, published and sent to ABA President Reginald Turner its long-awaited “proposal for the replacement of Model Rule 5.5 to […]

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April 08, 2022

California Disqualification Decision and Claims of “Unreasonable Delay”

A frequent tool in the defense arsenal of lawyers facing a disqualification motion is a claim that there was an “unreasonable delay” in bringing the motion. Some lawyers and clients tend to assume, incorrectly, that a moving party’s knowledge of a disqualifying conflict will be presumed if the movant was a party to a former […]

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March 29, 2022

Legal Ethics and Your Law Firm Partnership Agreement

You may agree that your firm’s partnership agreement, or shareholders’ agreement, and other firm governing documents, are critical to your firm’s business operations and success. And you would be right about that. But beyond business purposes, these firm agreements are critical to ensure compliance with your legal ethics duties. How so?  Well-developed and drafted firm […]

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December 27, 2021

California Ethics Opinions of 2021

With the new year quickly approaching, there is no better time than now for lawyers to take stock of their ethical obligations in order to minimize any risks of liability in the new year.  A review of the ethics opinions published in California over this last year is a great place to start.  Although ethics […]

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August 16, 2021

Can a Trust Hold Ownership of a Law Firm? Nope.

A common question in our practice is whether a trust can hold an ownership interest in a California law firm. This issue arises because partners who have a revocable living trust as part of their estate planning wish to hold all of their assets, including law firm ownership, in the trust to obtain its tax, […]

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