How to Discuss Settlement in Your Fee Agreement

When handling a dispute, make sure that your fee agreement covers settlement. Here’s some sample language to get you started. Continue reading

CEBblog’s Most Popular Posts from 2018

Before we say goodbye to 2018, take a look at some of the most popular posts from the past year. Continue reading

What to Tell the Client When You’re Withdrawing as Counsel

There are many grounds for both mandatory and permissive withdrawal under the California Rules of Professional Conduct. When it’s time to withdraw from representation in a civil case, the attorney should send the client a letter like one of these. Continue reading

How the New Rules of Conduct Affect Your Social Media Use

lawyers using social media to advertiseThe following is a guest blog post by Renee Galente Stackhouse. Renee is the founder and trial lawyer at Stackhouse, APC, where she focuses on plaintiff’s personal injury and military defense in San Diego. She is the immediate past President of California Women Lawyers, President of the CWL Foundation, Chair of the CLA SSF Section, and sits on the Board of the San Diego County Bar Association.

Potential clients and referrals are out there on social media platforms and you can’t afford to ignore them. The new California Rules of Professional Conduct, effective November 1, 2018, take social media realities into account and require changes to the way lawyers use social media. Continue reading

What Experienced Attorneys Know About Relating to Opposing Counsel

The following is a guest blog post by Anabella Q. Bonfa. Ms. Bonfa is a litigator with Wellman & Warren LLP and has built a reputation for handling business and partnership disputes, theft of trade secrets, and unfair competition. She lectures extensively on trade secrets, networking, and using social media to develop business.

In the last year, attorney professionalism has been a hot topic. Courts are issuing sanctions more than ever against attorneys who engage in abusive and inappropriate, or even discourteous, behavior in and out of the court room. Experienced attorneys know the reasons to consider your level of professionalism in law practice—and what it can cost if you don’t. Continue reading

Keeping Your Fee Deposit Topped Up

client should top off fee deposit like a gas tankDo you know how to keep your client’s fee deposit from emptying out as you earn the fees? Here are two ways to do it. Continue reading

Lawyers Must Now Inform Clients about Mediation Confidentiality in Writing

The following is a guest blog post by Teddy (Theda) Snyder. Ms. Snyder is based in Los Angeles and conducts civil and workers compensation mediations throughout California.

Starting January 1, 2019, attorneys must ask clients to acknowledge in writing that they have been fully informed about the rules of mediation confidentiality. SB 954 amends Evidence Code §1122 and adds §1129 (Stats 2018, ch 350). You can create your own form, but you’ll probably use a version of the “safe harbor” form in §1129.

Continue reading

New Ethics Rules Weigh In on Flat Fees

new rules of professional conductThe following is a guest blog post by Megan Zavieh. Megan focuses her practice exclusively on attorney ethics, providing guidance to attorneys, representing attorneys facing State Bar discipline, podcasting, and writing extensively on ethics issues.

California’s new Rules of Professional Conduct, effective November 1, 2018, recognizes a trend in legal services billing—flat fees. Flat fees are becoming more common as an alternative to the traditional billable hour. As they rise in popularity outside of criminal law, the rules directly address them. Here’s what you need to know and do. Continue reading

3 New Rules Every Criminal Law Attorney Needs to Know

new rules of professional conductThe following is a guest blog post by Garrick Byers, known as the Statute Decoder because of his facility in interpreting statutes and rules. He is the chairperson of the California Public Defenders Association’s (CPDA’s) Ethics Committee, and is a former CPDA president. He is a criminal law specialist and a frequent speaker and writer on criminal law topics, including ethics. He was a public defender for 33 years and is currently in private practice, handling criminal law appeals, writs, motions, and case consultations.

The new California Rules of Professional Conduct, effective November 1, 2018, use the format and much of the substance of the ABA Model Rules. Here are three of the most important changes for prosecution and defense counsel. Continue reading