2020 has shown us that so much in life is unpredictable, but your client relationships don’t necessarily have to be. Although you can’t foresee or control every aspect of your dealings with your clients, there are certain precautions you can take to better manage your risk of liability and other headaches. Start the new year off right by making sure that your engagement agreements are not only compliant and up-to-date, but that you set the tone for happy and healthy attorney-client relationships.
The criterion that each California lawyer is responsible for his or her own competent (Rule 1.1) and diligent (Rule 1.3) ethical conduct is not new; however, three new ethics rules make clear how a lawyer can be held responsible for the conduct of others as well.
California’s Commission for the Revision of the Rules of Professional Responsibility has proposed 68 new and amended rules for attorneys, and is seeking public comment on the proposed rules. California is the only state that whose professional responsibility rules do not track the ABA Model Rules. The Commission has issued an Executive Summary detailing the proposed and […]
There is an emerging consensus that the role of in-house legal departments is changing dramatically, and these changes raise significant legal ethics issues for in-house legal teams. The workload for in-house lawyers, which has been substantial for some time, is increasing in many industries, as in-house lawyers navigate significant increases in regulatory issues and compliance. And the composition […]
The Standing Committee on Professional Responsibility of the State Bar of California earlier this year issued a detailed advisory Opinion on the scope of an attorney’s duties of competence in connection with technology issues in litigation, specifically regarding electronically stored information (“ESI”) and e-discovery. Formal Opinion No. 2015-193 provides that an attorney has an ongoing […]