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 […]
Should Non-lawyers be Permitted to Own Law Firms?
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.
Notice Anything? How to Handle Law Firm Notice Provisions for Departing Partners
Navigating notice provisions in a law firm partnership agreement is one of the thorniest parts of managing any partner or group departure. How a lawyer handles notice to their law firm can lead to dramatically different outcomes for their clients and themselves. For law firms, managing partners should design and enforce their notice provisions to […]
Law Firm Resolutions for a Happy New Year
Now that your personal New Year’s resolutions are kaput, February is a good time to consider some resolutions for your law practice that will lead to a happier and healthier law firm. Like most resolutions, these are things that you want to do, and probably know that you should do, but may have been avoiding or just haven’t yet gotten done.
Every Lawyer Should Access Legal Ethics Guidance for Generative AI
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
Does Your Law Firm Have New Reporting Requirements under the Corporate Transparency Act?
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 […]
Why Smart Lawyers Get Counsel for Law Firm Departures
Odds are that most lawyers will decide to change law firms at least once during their career, and for many, likely more than once.
Managing Partner Departures So They Are Not Bad for Business
The effects of partner departures are rarely positive. But even if the right partners leave, partner departures can be bad for business. And while partner departures can present great risks for the firm—they can also present great opportunities—if you are prepared.
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