Are Verbal Fee Splits Among California Law Firms Okay?
7/18/19
By: Greg Fayard
The answer to this question is now “no.” When different law firms split a legal fee–say a contingency fee–verbal “gentlemen’s agreements” are not permitted under California’s new ethics rules. The old ethics rules allowed different law offices …
Can a California Supervising Lawyer Be Disciplined for an Associate’s Misconduct?
6/28/19
By: Greg Fayard
The answer to this question is yes, in certain circumstances. This is a change under the current rules of professional conduct for lawyers compared to the prior rules, which expired last October 31, 2018.
Rule 5.1 says …
Fourth Circuit Affirms $61 Million TCPA Judgment
6/18/19
By: Matt Foree
The United States Court of Appeals for the Fourth Circuit recently affirmed a judgment based on a jury verdict of over $61 million for illegal telemarketing calls made under the Telephone Consumer Protection Act (“TCPA”). As a …
Avoiding Legal Malpractice Tip: Don’t Sue Your Client For Fees
6/17/19
By: Greg Fayard
Sometimes clients don’t pay their attorneys’ fees. Should the unpaid lawyer sue his or her client for owed legal fees? While the lawyer certainly has the right to file suit, a lawsuit against a client can trigger …
The State Bar of California Moves to Suspend Michael Avenatti’s Law License
6/11/19
By: Paige Pembrook
On June 3, the State Bar of California filed a petition to place attorney Michael Avenatti – infamous for his past representation of Stephanie Clifford (a.k.a. Stormy Daniels) and his own present legal woes – on involuntary …
Avoiding Legal Malpractice Tip: Do Stuff Early
5/31/19
By: Greg Fayard
Missing deadlines is a common source of lawyer malpractice. A blown statute of limitations can be most problematic, as the malpractice case focuses on the value of the underlying case (damages). A missed deadline usually is caused …
Avoiding Legal Malpractice Tip: Document, Document, Document
5/24/19
By: Greg Fayard
“Boy, I wish that was in writing!”
Having defended scores of attorneys over the years, more often than not, I wish my lawyer-client had either better documented his or her file, or memorialized a key conversation. It …
4/30/19
By: Paige Pembrook
April 30, 2019 marks the initial deadline for California attorneys to comply with California Rules of Court, Rule 9.9.5—the rule that requires attorneys to re-submit fingerprints to the State Bar so the Bar can obtain records regarding …
Engagement Letters Can Reduce The Risk of a Legal Malpractice Claim
4/26/19
By: Greg Fayard
Lawyers often ask: what can I do to reduce the risk of a legal malpractice lawsuit? They can do several things, but a clear, narrowly-tailored engagement letter can certainly help decrease the risk of a claim. Here …
Can a California Lawyer be Disciplined for a Paralegal’s Misconduct?
3/27/19
By: Greg Fayard
In some circumstances, a California lawyer can be disciplined by the State Bar for a paralegal’s misconduct. This type of discipline was not possible under the State’s old lawyer-ethics rules. Rule 5.3 of the new rules requires …
Watch for the Sucker Punch… Joint and Several Liability for Professional Negligence?
3/20/19
By: Jon Tisdale
Litigants are forever looking for new ways to blame their lawyers when their mediocre case goes south. (As an aside, pay close attention to your intake protocol and “just say no” to those mediocre cases, because when …
3/5/19
By: Peter Catalanotti
In representing real estate brokers through their Errors & Omissions insurance for over a decade, I often get asked what types of claims are trending. What follows is my experience regarding real estate broker claim trends.
Real …