3 Ways to Deal with Client Conflicts

attorney's hand up in stop gesture because there's a conflict of interest between clientsA prospective client comes to you and you discover that there’s a conflict of interest with one of your current or former clients. Or while you’re representing a client, a conflict arises with another client. You’ve got three ways to deal with these types of situations, depending on when the conflict comes to light.  Continue reading

Does an Ethical Breach Bar an Attorney from Getting Fees?

The short answer: Yes, under California law, an attorney’s ethical breach of duty may disqualify that attorney from all or part of a fee award. But there’s a possible exception. Continue reading

Got a Website? Tweet? Save Copies of Everything!

135874637Did you know that, if you advertise your legal services on the Internet—and that includes having a firm website or using social media—you have to keep a copy of all the webpages for two years? Continue reading

Using Social Media? Beware of Ethical Pitfalls (Part 2)

87524559The following is a guest blog post by Jonathan Rubens, a principal at Javid Rubens LLP in San Francisco, which represents clients in business transactions and advises them on data security, privacy, trademark and copyright issues. 

With the increasing use of social media by attorneys comes ethical risk. In Part 1 of the blog post, we discussed the risks involved with posting about ongoing matters and blogging without a disclaimer. Here are more tips to help you safely navigate the social media minefield. Continue reading

Using Social Media? Beware of Ethical Pitfalls (Part 1)

87524559

The following is a guest blog post by Jonathan Rubens, a principal at Javid Rubens LLP in San Francisco, which represents clients in business transactions and advises them on data security, privacy, trademark and copyright issues.

Attorneys are using social media websites more and more. We’re visiting a variety of sites to promote our practices, communicate with our peers, and stay in touch with our clients. But social media presents many ethical pitfalls to avoid. Here are some tips to help you safely navigate the social media minefield. Continue reading

Tricky Business: Representing Clients with Adverse Interests

470754185As a matter of professional responsibility, California attorneys must avoid conflicts of interest with current and former clients. Beyond these ethical obligations, there are also practical reasons to avoid a new client who is or may be adverse to a current or former client. Continue reading

Do’s and Don’ts of Juror Contact

10tips_22573018Not surprisingly, California’s legal ethics rules have a lot to say about how attorneys relate to jurors. Here are 5 do’s and don’ts when it comes to attorney-juror interaction. Continue reading

The Devil Made You File It

Demon, pushing the puppetYou don’t have a legal duty to accept a civil matter. You can just say, “thanks, but no thanks.” But if you do decide to take on a civil case, you’ve got an obligation under California law to “maintain such actions, proceedings, or defenses only as appear to be legal or just….” Bus & P C §6068(c). Go astray on that obligation and risk actions for malicious prosecution or abuse of process—and potentially be held jointly liable with your client! Continue reading

Blog, But Blog Ethically

The following is a guest blog post by April E. Frisby of Frisby Law. April is a corporate and securities transactional lawyer and an adjunct law professor at Whittier Law School.

104229040Lawyers are often gun-shy when it comes to blogging, in part because of the ethical limits on advertising and solicitation by lawyers. But if you keep ethical considerations in mind, blogging can be a fun, cost-effective way to promote your practice. Continue reading

Advertising Yourself Ethically

adv_121348869Are you advertising your law practice online? That can be a great way to reach new clients, but it can also be a way to run afoul of state and federal ethics rules. Continue reading