Category Archives: Risk Management

Risk Management: New “Reporting Up” Requirements For Attorneys Representing Organizations

John Sullivan, Chair, BASF Legal Malpractice Section   California Rule of Professional Conduct Rule 1.13 addresses a lawyer’s duties in representing an organization.  Lawyers should be aware of the rule’s…

Risk Management: Duties Owed to Former Clients Under the New Rules of Professional Conduct

John Sullivan, Long & Levit After termination of a lawyer-client relationship, the lawyer owes the former client two duties: not to take actions that will injure the client in the…

Ethical Walls Are Not a Panacea for Imputation of Conflicts Under New Ethics Rules

Sarah J. Banola Effective November 1, 2018, California’s new rules of professional conduct now address imputation of conflicts of interest and permit ethical screening to avoid imputation under certain circumstances….

General Counsel Tip: Responding To a Complaint

John Sullivan, Long & Levit Last month, this column addressed steps that a firm can take to avoid disputes with and claims by clients.  Unfortunately, some claims are unavoidable.  Below…

General Counsel Tip: Proactive Loss Prevention

John Sullivan, Long & Levit Not all claims are avoidable, and a disgruntled client may sue even absent attorney error.   However, there are proactive steps a law firm’s general counsel…

General Counsel Tip: Protecting Confidential Communications

John Sullivan, Long & Levit Many attorneys work at law firms without a full-time in-house counsel. Different attorneys are called upon to serve in a general counsel capacity when issues…

Risk Management: Conflicts In The 21st Century

John Sullivan In California Self-Insurers’ Security Fund v. Superior Court, (2018) 19 Cal.App.5th 1065, the Court of Appeal held that disqualification of an entire firm was not mandatory where an…

The Limits of Advance Waivers

By Jennifer A. Becker, Long & Levit Law firms have aggressively pursued advance waivers to represent concurrent clients whose interests conflict in unrelated matters. For example, Law Firm represents Client…

Risk Management: Duties Of Partners In A Dissolving Firm

John Sullivan, Long & Levit Nearly ten years after international law firm Heller Ehrman closed its doors, the California Supreme Court addressed whether the dissolved firm had any interest in…

Risk Management Tip: Understanding Duties to Third Parties, Part 2

An attorney’s primary duty to a client is tempered by the overriding duty in all settings to be truthful. In the transactional setting there is no protection for attorneys from…