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 …

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Who Holds the Work Product Privilege?

When a lawyer leaves a law firm, who holds the work product privilege?  Is the law firm the holder?  Or, does the lawyer hold the work product privilege?  Please see my article in the latest ABTL Report for an in-depth discussion of the recent case Tucker Ellis LLP v. Superior Court, 12 Cal.App.5th 1233 where …

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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 …

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Ethical Obligations Re: Third-Party Websites

Re: Proposed Formal Opinion Interim No. 12-0003 (Attorney Directory and Rating Websites) This proposed opinion out for public comment takes a very practical approach for attorneys on how to deal with third party websites that describe attorneys, their clients and their practices. Important points are included on using disclaimers on testimonials from clients and correcting …

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Legal Ethics Expert Carole J. Buckner Joins Procopio as Deputy General Counsel

June 1, 2017 (San Diego) – Seasoned lawyer, educator and ethics advisor Carole Buckner has joined Procopio as Deputy General Counsel. Carole will be providing legal guidance to Procopio’s more than 160 attorneys, working out of its downtown San Diego headquarters and reporting to General Coun… Continued on Procopio site About Carole J. Buckner Carole …

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MCLE Compliance and Moral Turpitude

As many California attorneys are aware, now is the time for completion of our MCLE requirements as we are turning in our State Bar dues and certifying our MCLE compliance.  Many are also aware that the State Bar is auditing attorneys to confirm compliance.  One of those audited was the subject of a recent opinionfrom …

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Cloud Computing and Legal Ethics

Sarah Jane Hughes has published an important new article on cloud computing and legal ethics, written from the perspective of the ABA Model Rules of Professional Conduct.  Because California’s ethics rules have not yet had the benefit of an update to take changes in technology into consideration, the ABA Model Rules, including comments to those rules …

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