Current and Timely Information and Analysis About Attorney Ethics in Practice

Many law firms have begun using AI regularly in their practice, including in various software platforms that have quietly integrated AI functions. But to many lawyers, AI is a vast unknown technology that they don’t know much about, don’t understand, and don’t use or don’t want to use.  Why not just ignore the changes AI […]

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 […]

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 […]

Lawyers frequently cite California’s confidentiality rule—California Rules of Professional Conduct Rule 1.6— as the strictest in the nation. How does it differ from the ABA Model Rule? In three ways.  First, California’s Rule 1.6 is supplemented by California Business & Professions Code § 6068(e)(1), which requires lawyers to “maintain inviolate the confidence, and at every […]

Led by New York Managing Partner Briana Cummings, our New York office expands our reach by providing practical counsel on law firm formation and planning, partner departures, law firm dissolution, and legal ethics. We are business and legal ethics lawyers for law firms, in-house legal departments, and law-related businesses, when comprehensive experience and an outside […]

The ABA Standing Committee on Ethics and Professional Responsibility has issued Formal Ethics Opinion 516, offering clarification on Model Rule 1.16(b)(1)—which allows a lawyer to voluntarily withdraw from a representation if it can be done without “material adverse effect” on the client’s interests. Key Takeaways: Defining “Material Adverse Effect”: A lawyer’s withdrawal would be considered […]

For lawyers licensed in California, the State Bar’s disciplinary system is an essential mechanism of accountability and ethics oversight. However, facing a State Bar inquiry or investigation is challenging, whether it’s related to bar admissions,  compliance issues, or a formal discipline complaint. Any attorney confronting these situations needs to understand the process, prepare their defense, and address inquiries with precision and transparency. This article provides an overview to navigating California State Bar matters from admissions issues to complex disciplinary inquiries.

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 […]