Court Disqualifies Firm from Representation Adverse to Client’s Affiliate

By Procopio Partner and General Counsel Carole J. Buckner A recent decision, Trimble Inc. v. PerDiemCo LLC, decided on January 28, 2020 by the United States Court of Appeals for the Federal Circuit, applies California law to grant the request to disqualify the Davidson law firm from representation of Trimble Inc. in an appeal. The …

Continue reading Court Disqualifies Firm from Representation Adverse to Client’s Affiliate

Serving Two Masters: the California and USPTO Rules of Professional Conduct

It was my pleasure to present to intellectual property attorneys on legal ethics at our January 13, 2020, talk: "Serving Two Masters: the California and USPTO Rules of Professional Conduct." I discussed some of the differences between the U.S. Patent and Trademark Office (USPTO) Rules and California Rules regarding conflicts of interests, including the additional …

Continue reading Serving Two Masters: the California and USPTO Rules of Professional Conduct

Implied Consent to Current Client Conflicts

I've just published a new article for the Orange County Bar Association in its "Ethically Speaking" series titled "Implied Consent to Current Client Conflicts." Normally, informed written consent is required from clients with adverse interests that a lawyer simultaneously represents in unrelated matters. In the absence of such consent, the prior applicable jurisprudence provides that …

Continue reading Implied Consent to Current Client Conflicts

New Rules of Professional Conduct for Defense Lawyers

California’s new rules of Professional Conduct go into effect next week and all California lawyers must be familiar with the new rules to avoid potential fines or disciplinary action. On Tuesday, October 23rd, as part of a panel titled “The New Rules of Professional Conduct: What You Don’t Know Can Hurt You”, I will be …

Continue reading New Rules of Professional Conduct for Defense Lawyers

Ethical Obligations of Lawyers — Live Webcast 8/28/18

The ethical obligations for legal service industry professionals is constantly evolving, with new and changing rules, regulations, and case law. On Tuesday, August 28th, 2018, I will be participating in a live webinar organized by The Knowledge Group on the latest ethical obligations for attorneys. My briefing will cover: Engagement Agreements (California Perspective) -- contingency, …

Continue reading Ethical Obligations of Lawyers — Live Webcast 8/28/18

Ethics Update 2017

I will be speaking to the Orange County Bar Association presenting the latest Ethics Update 2017 on September 28, with my co-panelists Rob Sall, Kevin Mohr, and Bob Kehr.  The program will cover the latest cases and ethics opinion summaries on legal fees, billing, attorney client privilege, conflicts of interest and the duty of confidentiality, …

Continue reading Ethics Update 2017

Is an Advance Conflict of Interest Waiver Effective?

The Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. case, pending before the California Supreme Court, will provide California lawyers with further insight regarding whether an advance waiver of a conflict of interest is enforceable, and if so, under what circumstances.  An advance conflict of interest waiver is a waiver given by a client to …

Continue reading Is an Advance Conflict of Interest Waiver Effective?