Revisiting the Applicability of the Entire Controversy Doctrine to Legal Malpractice Claims
4/2/19
By: Nicole Graham
The New Jersey Supreme Court recently revisited the applicability of the entire controversy doctrine as it relates to legal malpractice claims. In Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C., 2019 N.J. LEXIS 272, …
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 …
Trends in Real Estate Claims
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 …
Can California Associate Attorneys Be Disciplined For Their Boss’s Misconduct?
2/27/19
By: Gregory Fayard
The answer to this question is yes, in certain circumstances. In November 2018, after 29 years, California enacted new rules of professional conduct for lawyers. The new rules have some major changes from the old rules. One …
Georgia Court of Appeals Concludes the Term “Affiliate” is Ambiguous
2/4/19
By: Jake Carroll
In Salinas v. Atlanta Gas Light Company,[1] the Georgia Court of Appeals’ recently examined whether Georgia Natural Gas (“GNG”) and Atlanta Gas Light Company (“AGLC”) were “affiliates.” Both AGLC and GNG were owned and controlled, …
What Are The Ethical Rules For Legal Blogs In California?
2/1/19
By: Greg Fayard
If you are a California lawyer and are thinking about starting a blog, keep these points in mind:
- Blogging by an attorney may be a communication subject to the requirements and restrictions of the Rules of Professional
…
California Court Clarifies Grounds for Law Firm Disqualification
1/30/19
By: Brett Safford
In O’Gara Coach Company, LLC v. Joseph Ra, 2019 Cal.App. Lexis 12, the California Court of Appeal clarified the grounds on which a law firm can be disqualified. The Court reversed the decision of the trial court …
New Task Force Aims to Reform California’s Technological Ethical Rules
1/15/19
By: Paige Pembrook
On December 5, 2018, the California State Bar Task Force on Access Through Innovation in Legal Services held its first meeting and started a long process to modernize ethical rules that currently inhibit lawyers from fully using …
As of 1/1/19 California Lawyers & Clients Going To Mediation Have To Sign This
12/19/18
By: Greg Fayard
Come January 1, 2019, California lawyers who participate in mediations will need to provide written disclosures to their clients explaining mediation confidentiality. Further, California lawyers must get written acknowledgment from clients that they understand mediation confidentiality before…
Bipartisan TRACED Act Enhances Penalties for Illegal Robocalls
12/7/18
By: Matt Foree
U.S. Senator John Thune (R-S.D.), the chairman of the Senate Committee on Commerce, Science and Transportation, and Senator Ed Markey (D-Mass.), a member of the committee and author of the Telephone Consumer Protection Act (“TCPA”), recently announced …
Yelp Can’t Be Ordered to Remove Defamatory Reviews by A California Lawyer’s Unhappy Former Clients
12/3/18
By: Frank Olah
On July 2, 2018, in Hassell v. Bird (2018) 5 Cal.5th 522, the California Supreme Court held that Section 230 of the Communications Decency Act of 1996 prohibits courts from ordering Yelp to remove defamatory consumer reviews …