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

In December, the Future of Lawyering Subcommittee of the Association of Professional Responsibility Lawyers (APRL) issued its “Report Regarding Proposed Revisions to ABA Model Rule 5.4,” entering the intense debate over non-lawyer ownership and fee sharing. 

The legal world has been awash in headlines about the use and implications of generative AI, or artificial intelligence. Recent incidents involving the use of generative AI in court submissions

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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 […]

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, […]