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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Intra-Firm Attorney Client Privilege

Are communications between general counsel or claims counsel for a law firm and the lawyers in the firm protected by the attorney client privilege where a former client seeks them in discovery in a malpractice action? The answer, according to a recent California case, depends on several factors including the roles of the attorneys as …

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Does a Lawyer Surrender First Amendment Rights by Representing a Client?

Oasis Realty v. Goldman, pending before the California Supreme Court, raises the question, how far does the duty of loyalty extend? Can a lawyer who formerly represented a developer later oppose the very project on which the lawyer worked? Attorney Goldman and his firm represented Oasis Realty in connection with the development of a property …

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