California
Attorney Ethics Counsel

April 04, 2024

Does Your Law Firm Have New Reporting Requirements under the Corporate Transparency Act?

The Corporate Transparency Act (“CTA”), effective January 1, 2024, includes new potential reporting requirements and rules for California law firms and for their clients. In general, the CTA is a new federal reporting requirement for companies to provide Beneficial Ownership Information (“BOI”)—the individuals who ultimately own or control the company— and “company applicants”—the individual who […]

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October 10, 2022

Be Warned: CA In-House Corporate Counsel Must Register With State Bar

Remote practice and multistate jurisdictional practice (MJP) have been hot topics highlighted by the pandemic.  However, we cannot discuss these subjects without considering the unauthorized practice of law (UPL).  UPL is not just an issue for non-lawyers.  Unfortunately, under California’s (and most other states’) rules and laws, it is also a concern for lawyers who […]

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May 31, 2022

Using “Conflict Counsel” In Vetting Lateral Transitions

With the ever-increasing mobility of lawyers, accurately assessing conflicts of interest in any lateral transition is more important than ever. The consequences of getting it wrong are significant, ranging from potential disqualification and client liability issues to discipline.

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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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