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

The ABA Standing Committee on Ethics and Professional Responsibility has issued Formal Ethics Opinion 515, which addresses whether a lawyer can disclose confidential client information when the client commits a crime against the lawyer or someone associated with or related to the lawyer. Key Takeaways: Implicit Exception to Confidentiality: Under ABA Model Rule 1.6, lawyers […]

The ABA Standing Committee on Ethics and Professional Responsibility has issued ABA Formal Ethics Opinion 514 – A Lawyer’s Obligations When Advising an Organization About Conduct that May Create Legal Risks for the Organization’s Constituents On January 8, 2025, the American Bar Association (ABA) issued Formal Opinion 514, providing guidance for lawyers advising organizations, particularly […]

Many California law firms now have lawyers working remotely. If not managed properly, that can create issues under the Rules of Professional Conduct. Firms should identify and manage these issues, as outlined in Formal Opinion Interim No. 20-0004 issued by the State Bar of California’s Committee on Professional Responsibility and Conduct (COPRAC). If your firm […]

The Corporate Transparency Act (CTA) brings significant changes for businesses across the United States, introducing new compliance requirements and deadlines. Now, many U.S. companies must disclose detailed information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). This law is part of a broader effort to curb financial crimes like money laundering and […]

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 […]