Preparing to File a Civil Suit? Avoid Liability for Malicious Prosecution

Several important ethical considerations converge when the attorney is preparing to file a civil lawsuit. Under California law (the Rules of Professional Conduct, and Business & Professions Code), an attorney has an ethical obligation to maintain only claims and defenses that are just, and also not to encourage actions based on passion or corruption. In …

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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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