Current and Timely Information and Analysis About Attorney Ethics in Practice

The American Bar Association has issued Formal Opinion 517, shedding important light on how Model Rule 8.4(g) applies to peremptory jury strikes. The opinion reinforces that lawyers may not use peremptory challenges to unlawfully discriminate during jury selection, even unintentionally. California’s Rule 8.4.1 is closely aligned with Model Rule 8.4(g), so the opinion also provides […]

In what appears to be the first federal court ruling of its kind, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York has held that a defendant’s written exchanges with a generative artificial intelligence platform are protected by neither the attorney-client privilege nor the work product doctrine. […]

Succession and estate planning for lawyers presents unique ethical challenges that do not arise in other professions. New York State Bar Association Committee on Professional Ethics Opinion 1288 (December 19, 2025) offers a timely reminder that even carefully structured estate plans must comply with the Rules of Professional Conduct—particularly those governing nonlawyer ownership and fee […]

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.