What Should a California Lawyer Do With An Inadvertently Produced Privileged Document?
2/6/20
By: Greg Fayard
Sometimes privileged documents are accidentally produced to opposing counsel. Usually, this occurs in a document production in a lawsuit where, buried in the documents, is a communication between a lawyer and client that is clearly privileged and …
2/5/20
By: Zachary Price
California Code of Civil Procedure section 473, subdivision (b) provides two avenues for relief when attorneys make mistakes. Subdivision (b) provides discretionary relief for certain mistakes and mandatory relief for defaults, default judgments, and dismissals caused by …
Tips on Dealing With Pro Per Parties In California
1/15/20
By: Greg Fayard
At some point in their career, lawyers deal with the unrepresented—or pro pers. In California, there’s now an ethical rule that governs how to fairly and properly engage with opposing parties who do not have lawyers.
Rule …
California Lawyers Should Not Lie
12/20/19
By: Greg Fayard
It seems obvious, but lawyers shouldn’t lie. A new Rule of Professional Conduct applicable to California lawyers says that while representing a client, a lawyer shall not knowingly make a false statement of material fact or law …
Loss of Earnings Calculations – Experts – Damages – California
12/16/19
By: Chuck Horn
California just changed the law on recovery of loss of earnings. Traditionally counsel, and experts, would look to the actual earnings history of the plaintiff, or plaintiff’s decedent, in the years before the accident or injury. Subpoenas …
The Ethical Duty of Technology Competence – The Day is Coming in California
12/5/19
By: Renata Hoddinott
Recognizing the emergence of technology, its impact on the practice of law, and the importance of lawyers understanding technology, the American Bar Association modified its Model Rules in 2012 to make clear a lawyer’s duty of competence …
One if by land, . . . ZERO if by sea? (Apologies to Paul Revere) The Trapdoor of COGSA
11/18/19
By: Jon Tisdale
Lawyers who represent businesses who ship goods around the world need to protect their clients (and themselves) from the congressionally-mandated trapdoor of the Carriage of Goods By Sea Act (COGSA). We now live in a world where …
California Lawyers Cannot Churn Files
11/7/19
By: Greg Fayard
Under the Rules of Professional Conduct applicable to California lawyers, attorneys are not supposed to do things where the substantial purpose is to delay, prolong, or cause needless expense. Under Rule 3.2, lawyers can be disciplined for …
Law Firms Under Increased Pressure, Increased Costs for Malpractice Claims
10/31/19
By: Gregory L. Blueford
Per a survey conducted by insurance broker Ames & Gough earlier this year, professional liability is becoming more and more expensive with big money payouts. In its 9th annual survey of top 11 professional liability …
California Lawyers Now Have Duties To Clients “Who Got Away”
9/24/19
By: Greg Fayard
Under Rule 1.18 of California’s Rules of Professional Conduct, lawyers must now protect the confidences of prospective clients–even if a formal lawyer-client relationship never materializes.
That is, confidential information conveyed by a would-be client to a California …
California Lawyers Now Have A Duty of Diligence
9/13/19
By: Greg Fayard
The prior rules of professional conduct for California lawyers required them to be competent but were silent on also being “diligent.” Under the latest version of the rules, California lawyers now have an express duty of diligence. …
Does a California Lawyer Have to Convey All Settlement Offers to the Client?
7/31/19
By: Greg Fayard
Not necessarily. Under Rule 1.4.1 of the ethics rules for California lawyers, in criminal matters, all terms and conditions of plea bargains or other dispositive offers, whether written or oral, have to be communicated to the client …