Category Archives: Legal Ethics

Harvey Weinstein

Legal Ethics Corner: The Weinstein Scandal and Rule 3-110

By Ryan Stahl, Scherer Smith & Kenny Amid the growing allegations of the Harvey Weinstein sexual misconduct scandal, it recently came to light that Weinstein’s former attorney, David Boies, had…

Top Ten Ethical Blunders and How to Avoid Them

Solo and Small Firm Attorney Column: Top Ten Ethical Blunders and How to Avoid Them

By Peter Roldan, Emergent Legal Because many ethical blunders in law practice are avoidable, it is important to be aware of common mistakes, and to take affirmative steps to avoid…

Legal Ethics Corner: Is it Ethical to Pay for Testimony or Evidence?

By Mike Starkey, French Lyon Tang Compensation of witnesses is primarily governed by California Rules of Professional Conduct (“CRPC”), Rule 5-310. Rule 5-310(B) prohibits payment to a witness that is…

Potential Conflicts to Keep in Mind When Insurers Agree to Defend Your Client

By Peter Roldan, Emergent LLP One of the main reasons policyholders purchase liability insurance is to ensure that they have an insurer-funded defense in the event of a potentially covered…

Hand Rule on Email Security

By Shawn McCall, Golden Gate University School of Law All California lawyers owe a duty of competence and confidentiality to their clients. California Rules of Professional Conduct (“CRPC”), Rules 3-110…

Legal Ethics Corner: Two’s a Company, Three Might Get You Disqualified: The Ethics of Joint Representation

By Joanna L. Storey, Hassard Bonnington Amy retains Attorney to prosecute a personal injury action for an arm fracture she sustained in an automobile accident. Amy asks Attorney to meet…

Risk Management Tip: Beware of Broad Subject Matter Waivers of the Attorney-Client Privilege

By Jennifer Becker Long & Levit We have been examining the role attorney-client privileged information played in Sanford Wadler’s trial victory over his former employer, Bio-Rad. Bio-Rad engaged in actions…

Compensation From One Other Than Your Client, The Bank of Mom and Dad and Others, Beware

By David Wolf Law Office of David A. Wolf The California Rules of Professional Conduct (CRPC) generally prohibit representation of adverse interests without a conflict waiver. Subparagraph (F) of CRPC…

Risk Management Tip: Waivers of Attorney-Client Privilege Cannot be Undone

By Jennifer Becker Last month, this column examined Sanford Walder’s trial victory over his former employer, Bio-Rad. The district court allowed Wadler to offensively employ material Bio-Rad claimed was protected…

Read That (Privileged) Email – and Weep!

By Robert Cross Have you ever hit “send” on a sensitive email before realizing that your handy, autofill tool inserted the address of the wrong recipient? Or been the unintended…