Updates on Legal Ethics as 2018 Concludes

As 2018 comes to a close, I've been busy presenting on key developments in legal ethics in what has proven to be a year of significant developments. On December 29 I spoke before the Orange County Bar Association at their annual Ethics Update 2018 presentation. I covered recent legal developments in legal ethics, legal malpractice …

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Ethically Withdrawing from Representation

Properly withdrawing from representation pursuant to applicable rules, ethics opinions and case law can reduce the risk of a legal malpractice claim. On November 1, 2018, California’s revised Rules of Professional Conduct will become effective, and the current Rule 3-700 governing withdrawal will be replaced with new Rule 1.16. A lawyer must take “reasonable steps” …

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New Ethics Rules for Law Firm Managers and Supervisors

Effective November 1, 2018, California's new Rules of Professional Conduct (RPC), will become applicable to all California attorneys. The new RPCs include both significantly modified rules and entirely new rules. One new series of rules applicable in California for the first time includes Rules 5.1, 5.2 and 5.3, governing law firms and associations and addressing …

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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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