Departing Lawyers’ “Theft of Files” May Lead to a Violation of M.G.L.c. 93A
4/29/21
By: Nancy Reimer, Jennifer Markowski and Lori Eller
The Massachusetts Supreme Judicial Court recently held in Governo Law Firm LLC v. Bergeron, 487 Mass. 188 (2021), that the inapplicability of G. L. c. 93A, § 11, to disputes …
A Quick Summary of the Ethics Rules on Discrimination for California Lawyers
4/20/21
By: Greg Fayard
For decades, the California State Bar had an anti-discrimination ethics rule applicable to lawyers. That rule prevented lawyers from unlawfully discriminating in hiring, promoting, firing, or accepting or not accepting cases based on certain protected characteristics—the big …
A Massachusetts Attorney Is Suspended for Overbilling Clients
4/7/21
By: Nancy Reimer and Eleni Demestihas
In the Matter of [Attorney] (SJC 12850) the Massachusetts Supreme Judicial Court found the attorney not only charged excessive fees to multiple clients but did so intentionally over a matter of months. In 2015, …
Are Non-Refundable Lawyer Retainers Legal in California?
1/26/21
By: Greg Fayard
Joe wants to hire Bill, a California lawyer, to defend a breach of contract case. Bill agrees to defend Joe but will only take a $10,000 non-refundable retainer. Is this legal? No.
Under Rule 1.5(d) of the …
California Lawyers Who Ignore Lienholders Do So At Their (Disciplinary) Peril
10/20/20
By: Greg Fayard
In personal injury law, California lawyers regularly must deal with medical liens. For example, lienholders have certain rights to proceeds from a settled case and expect to be paid. In the past, if a California lawyer ignored …
Tax Court Finds that a Rejected E-Filed Tax Return Satisfies the Beard Test
9/29/20
By: Lee Whatling
The IRS’ software automatically rejects e-filed tax returns that do not meet certain criteria. Paper tax returns are generally not subject to the same treatment. This disparity came to a head in Fowler v. Commissioner, 155 …
Arbitration Clauses in Legal Engagements Are Not Per Se Void
9/17/20
By: Dana Maine
Joining with most other jurisdictions, the Georgia Supreme Court affirmed a Court of Appeals decision finding that arbitration clauses in attorney engagement agreements are not against public policy and clarified the burden of persuasion for demonstrating procedural …
Avoiding Implied Attorney-Client Relationships with Individual Members of Small Companies
9/15/20
By: Jennifer Weatherup
Where an attorney represents a partnership or entity, there is the potential for him or her to create an implied attorney-client relationship with its individual members, imposing a duty of care that the attorney may not be …
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones
In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states …
How CPAs Can Minimize Liability When Assisting Clients With PPP Loan Forgiveness
7/21/20
By: Nancy Reimer and Elizabeth Lowery
The CPA’s client received funds from the Paycheck Protection Program (“PPP”) under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act and is asking if and how they will qualify for PPP loan forgiveness. …
Are “Flat Fees” For Legal Services Okay in California?
7/15/20
By: Greg Fayard
Many lawyers in California charge their clients “flat fees.” That is, immigration lawyers, criminal defense lawyers, bankruptcy and estate planning lawyers, and patent lawyers all routinely charge “one price” for all services, regardless of the time it …
When Laws Conflict: What Ethics Rule Applies to a California Lawyer Advising On Cannabis?
6/30/20
By: Greg Fayard
It goes without saying that a lawyer—from California or elsewhere—shall not counsel a client to do something illegal.
But what about a state law that conflicts with a federal law? For example, federal laws that criminalize the …