Complying with the New Trust Accounting Rules

On January 9, 2019, I will be leading a webinar on behalf of the Continuing Education of the Bar for California titled "Complying with the New Trust Accounting Rules." The new California Rules of Professional Conduct expand what fees must be deposited into a trust account. My program will cover what fees need to go …

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A Lawyer’s Road Map Following a Cyberattack or Data Breach

Lawyers have ethical obligations following a cyberattack or data breach involving confidential client information, where such information is misappropriated, destroyed or otherwise compromised, or where the data event impairs the lawyer's ability to perform client services. The ethical obligation of lawyers following a data breach depend on the lawyer's role, level of authority, and responsibility …

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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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