The California State Bar is once again trying to add a "Consumer Alert" on certain California Attorney's member pages.  I believe this is a step to far. As defense counsel that exclusively defends attorney's against the California State Bar, I find this new proposed rule to be not only a violat...

Attorneys have a duty to keep all advertisements for a period of 2 years, per California Rules of Professional Conduct 1-400.

What does it mean to intentionally, recklessly, or repeatedly fail to perform legal services with competence? In this blog I will be discussing California Rules of Professional Conduct, Rule 3-110. Competence discussions can be very lengthy. There is a great deal of discipline case law on this ...

You should not be writing the words "non-refundable" in your flat fee agreement.

What is the California State Bar’s Lawyer Assistance Program (LAP)? What is the California State Bar’s Alternative Discipline Program (ADP)? How are the two programs related?

CAN AN ATTORNEY RECEIVE A GIFT FROM THEIR CLIENT? Does it matter if you did not induce your client to do so? What if the gift is not substantial?

California State Bar Investigation The purpose of an investigation is to determine whether there is reasonable cause to believe that an attorney has violated a provision of the State Bar Act or the Rules of Professional Conduct.

Rules of Professional Conduct 3-500 states in part: A member shall keep a client reasonably informed about significant developments relating to the employment or representation, including promptly complying with reasonable requests for information and copies of significant documents when necess...

Rule 3-110 states a person must exercise their duties with related skills and knowledge.  More specifically, an attorney must perform their duties competently in their respective fields of expertise.  There is an exception to the rule where in the event of an emergency, an attorney may step in to...

If you would like to talk to someone who practices in this very specific type of law, I encourage you to call me anytime. Additionally, there are some good resources that you should refer to as well. If you are a licensed attorney you should be reviewing ethics opinions. My personal opinion is t...

States may not completely ban (some certain state restrictions are permitted) lawyers from sending truthful and nondeceptive letters to potential clients. (see Shapero v. Kentucky Bar Ass'n (1988) Remember that mail advertising poses less of a risk than face to face contact. You might be asking ...

Rule 4-200 states that a member “shall not enter into an agreement for, charge, or collect an illegal or unconscionable fee”. Let's break this rule down a bit. The rule obviously covers entering into an illegal/unconscionable agreement, but what about attempting to collect that illegal or uncons...