ABA Ethics Opinion 516: When Can a Lawyer Voluntarily Withdraw Without Harming the Client?
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 […]
California State Bar Defense: What Lawyers Should Know about Admissions, Investigations, and Discipline
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.
When Is It Time to Consider a Law Firm Dissolution?
Law firm dissolutions happen for a variety of reasons. They are not always linked to the firm’s poor economic health or failed management. But the end of a law firm (or of certain partnerships or affiliations) marks a critical time for law firm owners and their clients and must be handled with the utmost care.
ABA Formal Ethics Opinion 515
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 […]
ABA Formal Ethics Opinion 514
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 […]
Your Law Firm Has Lawyers Working Remotely. Where, exactly?
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 […]
Understanding the Corporate Transparency Act: A Guide for U.S. Businesses
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 […]
Rule 1.1 – Competence: An Overview
Rule 1.1 of the California Rules of Professional Conduct emphasizes the fundamental duty of lawyers to provide competent legal representation. Competence is defined as having the necessary legal knowledge, skills, and mental, emotional, and physical capacity to effectively perform legal services. Lawyers must avoid intentionally, recklessly, or repeatedly failing to meet this standard. If a […]
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