Conflicts of Interest Arising During Representation

My latest article for the California Lawyers Association helps lawyers navigate conflicts of interest that arise during an ongoing engagement. Such conflicts can arise in a variety of ways. It is important that lawyers handle midstream conflicts in an appropriate manner. In some cases, an additional disclosure and waiver with informed written consent is appropriate. …

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The Ethical Implications of Moonlighting

I recently published “the Ethical Implications of Moonlighting” in the For the Record column with the San Diego Bar Association. The article addresses ethical and risk management concerns arising when a lawyer fully employed by one firm takes an after-hours position with another law firm. These important considerations include the risk of discipline. Read the …

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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 …

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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 …

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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 …

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