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 to verbally agree to a referral fee wherein the referring lawyer would get, say, 5%…
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 supervising lawyers must make reasonable efforts to ensure the firm has measures to ensure all…
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 attorney-managers to make sure nonlawyers—such as law students, investigators, legal assistants or paralegals—are not violating…
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 of the biggest changes applies to associate attorneys who are just doing what their boss-lawyer…
Cal. Attorney Sanctioned $50,000 for Reckless and Malicious Conduct at Deposition
2/18/19
By: Jenny Jin A California Court of Appeal upheld a $50,000 sanction against an attorney based on conduct at a deposition. On February 4, 2019, the Court of Appeal issued its opinion in the case Anna Anka v. Louis Yeager. This case involved a child custody dispute between Paul Anka’s ex-wife, Anna Anka, and her…