March 16, 2026
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. […]
March 02, 2026
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 […]
February 26, 2026
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 […]
October 31, 2025
Remote work for lawyers is common, but New York requires nonresident attorneys to maintain a compliant physical or virtual office under Judiciary Law § 470. Learn what qualifies and how to meet the requirements. https://oriellyroche.com/physical-office-requirements-for-new-york-law-firms/
October 24, 2025
Effective September 1, 2025, the State Bar of California implemented a new online registration and renewal process for all law corporations and partnerships, and has stated that it will not accept paper submissions going forward. Read more: https://oriellyroche.com/californias-law-firm-registration-and-renewal-process-is-now-online/
October 18, 2025
Starting a law firm in New York? Before you choose a law firm limited-liability structure, analyze your firm’s needs and operations and determine which form best fits your firm. Read more: https://oriellyroche.com/choosing-limited-liability-for-your-new-york-law-firm/
October 10, 2025
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. Is ignoring AI an option for law […]
October 03, 2025
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. Read more here: https://oriellyroche.com/californias-confidentiality-rules-for-lawyers-stand-apart/
September 24, 2025
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 […]
July 18, 2025
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. Read our key takeaways and why this matters here! https://www.linkedin.com/pulse/new-aba-ethics-opinion-clarifies-jury-selection-obligations-nyile/
May 09, 2025
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. Read the key takeaways here: https://oriellyroche.com/aba-formal-ethics-opinion-516/
April 25, 2025
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 […]
April 18, 2025
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. […]
April 12, 2025
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. Learn more here: https://oriellyroche.com/aba-formal-ethics-opinion-515/
April 04, 2025
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 – Learn more here: https://oriellyroche.com/aba-formal-ethics-opinion-514/
March 28, 2025
On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that significantly changed the Corporate Transparency Act (CTA) reporting landscape. This follows the U.S. Department of the Treasury’s March 2 announcement and represents a major shift in compliance obligations. Read the full article here.
March 28, 2025
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). Read the full […]
March 21, 2025
There are many components to a successful law firm succession plan that can seem difficult to analyze. By identifying the components, we can then order the decision points, define the problem more clearly, and work toward a solution with a solid plan tailored to the firm. Read the full article here.
March 14, 2025
Starting a law firm partnership can be exciting and filled with aspirations for growth and success. However, it’s important to remember the practical aspects and legal implications of entering into a partnership. This is defined by the partnership agreement. A well-drafted partnership agreement is the foundation for your firm, outlining the rights and responsibilities of […]
March 07, 2025
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 […]
February 28, 2025
With the implementation of the Corporate Transparency Act (CTA), businesses across the U.S. are facing a new compliance landscape that requires careful planning and diligence. The CTA mandates that many U.S. companies report detailed information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). Read the LinkedIn article here.
February 21, 2025
Reporting under the Corporate Transparency Act (CTA) is now required again. After several months of deadlines on and off, CTA reporting is now mandatory again, and FinCEN has extended the deadline only until March 21st.
February 20, 2025
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. Read more from O’Rielly & Roche.
February 13, 2025
Navigating notice provisions in a law firm partnership agreement is critical for both departing partners and the firm. Learn how to handle notice strategically to protect your clients, comply with ethical obligations, and achieve the best possible outcome. Read more from O’Rielly & Roche.
November 05, 2024
Mr. O’Rielly was interviewed for the ABA’s Leadership Issue of the Law Practice Magazine.
October 07, 2024
The Corporate Transparency Act (CTA), part of the Anti-Money Laundering Act of 2020, represents a significant shift in reporting for U.S. businesses, including law firms. Designed to increase transparency and combat illicit financial activities, the CTA requires many business entities to disclose beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). This introduces new […]
September 23, 2024
The State Bar appointed partner Daniel O’Rielly Vice-Chair of the Committee on Professional Responsibility and Conduct for 2024-2025.
September 19, 2024
Presented by Kendra Basner, Bar Association of San Francisco (BASF), San Francisco, California.
August 27, 2024
“Partnership Agreements and Compensation as they Relate to Firm Culture and Succession Planning”
August 06, 2024
“How Lawyers Arrange Lawsuit Payments While Watching for Ethical Traps,” by Jeremy Babener
August 04, 2024
Ms. Basner will serve as APRL’s President-Elect for the 2023-2024 term.
August 02, 2024
Ms. Basner will serve as APRL’s President for one year from August 2024 through August 2025. APRL is the leading bar association for legal ethicists and professional responsibility lawyers. APRL’s members include lawyers, law professors, judges, and others from the United States, Canada, and the UK who work in the area of, or are concerned with, the regulation […]
July 14, 2024
Partner Daniel O’Rielly has been appointed as a Member of the Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee for LACBA’s 2020-2021 year.
April 14, 2024
Ms. Basner was admitted to the Wyoming Bar in the Spring of 2023.
January 26, 2024
Partner Kendra Basner joins other BASF Legal Ethics Committee members to present ethics MCLE for the Bar Association of San Francisco
March 21, 2023
MCLE Presented by Dena M. Roche to Berkeley-Alameda Bar Association, March 21, 2023
January 24, 2023
MCLE Presented by Kendra Basner with the BASF Legal Ethics Committee for the Bar Association of San Francisco
January 05, 2023
Firm partners Dan O’Rielly and Dena Roche published a Daily Journal article entitled “Get Your Law Firm’s Succession Planning Out of Your Lizard Brain.”
December 21, 2022
By Partner Kendra Basner published for the Bar Association of San Francisco, Legal Ethics Corner
October 27, 2022
Partner Kendra Basner participated as a panelist at the 2022 Aon Law Firm Symposium in Chicago, Illinois, on the panel entitled “The Future is Here: Alternative Business Structures.” The session discussed the status of Alternative Business Structures (“ABS”) within the legal industry of the United States, explained the current issues and risks, and forecasted potential concerns going forward.
May 06, 2022
Firm partners Dan O’Rielly, Dena Roche, and Drew Dilworth presented two sessions–“Managing Law Firm Departures” and “The Changing Culture of Law Firm Life”– at the PilotLegis 2022 Mid-Year Member Program in Oakland.
April 15, 2022
Partner Dena Roche speaks on Recent Developments in Legal Ethics and Professional Conduct–What You Need to Know
February 18, 2022
By Partner Kendra Basner published by the Bar Association of San Francisco, Legal by the Bay blog
January 25, 2022
MCLE Presented by Kendra Basner with the BASF Legal Ethics Committee for the Bar Association of San Francisco
January 21, 2022
MCLE Presented by Dan O’Rielly with the Bar Association of San Francisco
September 10, 2021
The State Bar of California Board of Trustees recently reappointed O&R Managing Partner Dena Roche to the Committee on Professional Responsibility and Conduct (“COPRAC”) as Advisor. This will be Ms. Roche’s 6th year on COPRAC, having served the September 2020-September 2021 terms as its Chair.
August 18, 2021
The Association of Professional Responsibility Lawyers (APRL) recently elected O&R Partner Kendra Basner as its Treasurer for 2021-2022 on August 13, 2021. APRL is a national organization comprised of more than 450 lawyers, law professors, and judges holding an interest in lawyers’ professional responsibility, legal ethics, legal malpractice, and the evolving law of lawyering.
June 18, 2021
Partners Daniel O’Rielly and Dena Roche publish article for the Los Angeles Daily Journal
May 11, 2021
Partner Kendra Basner quoted in Bloomberg Law article
April 30, 2021
Partner Kendra Basner quoted in Daily Journal article
April 16, 2021
Partners Dena Roche and Kendra Basner speak at the State Bar of California’s 2021 Legal Ethics Symposium
March 17, 2021
Partner Kendra Basner quoted in Daily Journal article
February 03, 2021
Partner Kendra Basner quoted in Bloomberg Law article
January 28, 2021
Partner Kendra Basner joins Adam Koss and Anthony Radogna to present ethics MCLE for the Bar Association of San Francisco’s Solo and Small Firm Annual Conference
January 21, 2021
Partner Kendra Basner quoted in Daily Journal article
January 01, 2021
We are pleased to welcome our new Partner Andrew Dilworth to our growing law firm advisory practice, focusing on legal ethics counsel for California law firms, lawyers, and law-related businesses.
December 07, 2020
Partner Kendra Basner quoted in Daily Journal article by Henrik Nilsson
November 02, 2020
Partner Kendra Basner quoted in Daily Journal article by Henrik Nilsson
October 28, 2020
By Partner Kendra Basner published on the Bar Association of San Francisco’s Bulletin
October 10, 2020
Partner Kendra Basner quoted in Bloomberg Law’s article by Jerome Ashton
August 10, 2020
Partner Kendra Basner quoted in Bloomberg Law’s article by Melissa Heelan Stanzione
July 28, 2020
Partners Dan O’Rielly and Dena Roche publish article for the Daily Journal
July 06, 2020
Partner Kendra Basner quoted in Daily Journal article by Henrik Nilsson
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