Category Archives: Legal Ethics


The Attorney-Client Privilege in Workplace Investigations

By Ryan Stahl, Scherer Smith & Kenny Attorneys are often called upon by employers to facilitate investigations of workplace misconduct. One reason this is done is so the findings and…


Risk Management Tip: Break Up With Your Clients

By Jennifer Becker, Long & Levit Constant business development pressure can lead to behavior at odds with prudent risk management. Many attorneys are reluctant to cut the cord on existing…

Taking the Easy Road Could Get Your Expert Disqualified

By Kendra L. Basner, Hinshaw & Culbertson   To save time and money, experts are often provided mediation briefs to be used as predicates for their testimony. Such briefs are…


Is the Representation Over? Can I Accept A New Client Adverse to a Former Client?

By Dianne Jackson McLean Goldfarb & Lipman   A new client requests your services. You run your conflict check and discover that the requested matter is against a former client….


LinkedIn Endorsements: Potential Legal Ethics Problem?

By Michael Starkey, French Lyon Tang   If you are an active LinkedIn user, there’s a good chance that you have received an endorsement by someone without personal knowledge of…


The Ethics of Advising California Marijuana Businesses

Albert J. Boro, Jr., Boro Law Firm Californians will vote in November on Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. Proposition 64 would establish and…


Why It’s a Good Idea to Keep Track of Your Time in Contingency Fee Cases

William Balin, Balin & Kotler Many contingency fee attorneys balk at keeping track of their time on each case. In fact, there is no rule that requires contingency fee attorneys…


Electronically Stored Information and the Duty of Competence

Ryan Stahl, Scherer Smith & Kenny California Rule of Professional Conduct 3-110 (“Rule 3-110”) states that “[a] member shall not intentionally, recklessly, or repeatedly fail to perform legal services with…


Your Ethics Are Implicated by Mediation Confidentiality

Rachel Ehrlich, Ehrlich Mediation & Dispute Resolution Services In 2014, this Legal Ethics Corner column provided readers with “Some Thoughts On Issues Raised, But Not Resolved, by Cassel v. Superior…


Legal Ethics Corner: How Much Do You Need to Know About Your Client’s Insurance Coverage?

Peter Roldan, Law Offices of Peter Roldan It’s no secret that insurance coverage is often a key issue in litigation, as insurance is used to pay defense costs, fund settlements,…