As a legal ethics and risk management advisor, I am often asked whether litigation between an attorney and client is permitted during engagement on another matter. This situation often arises as to legal fee disputes; however, lawsuits between in-house or…

All active California lawyers must complete 25 hours of continuing legal education (CLE) every three years, or risk being placed on inactive status. (Bus. & Prof. Code §6070, subd. (a).) Additionally, misrepresenting that one has completed those hours may result…

Gifts are generally given as an act of kindness, as a token of appreciation based on relationships. As attorneys, many of us have established long standing relationships with our clients over a number of years; and in some cases have…

As a matter of first impression, the Court of Appeal recently held in County of Los Angeles Board of Supervisors v. Superior Court of Los Angeles County (ACLU), 235 Cal.App.4th 1154 (2015) that invoices confidentially transmitted from an attorney to…

Recognizing the conundrum that conflicting state and federal laws create in California in light of the Compassionate Use Act, The Bar Association of San Francisco Legal Ethics Committee composed the first bar association opinion on ethical considerations for California attorneys…

Attorneys investigating matters in connection with the rendering of legal services to their clients is nothing new. California Code of Civil Procedure section 128.7 requires considerable due diligence before filing a lawsuit. In addition to such routine and ancillary inquiries,…

Occasionally an attorney must sue a former client to collect outstanding fees and costs. Often the evidence critical to the attorney’s claim includes the secrets of the former client. May the attorney reveal those confidences necessary to prosecute the collection…

California recently joined a growing list of states that have issued published opinions recognizing an in-firm privilege. See, e.g., Moore v. Grau, 2014 N.H. Super. LEXIS 20 (N.H. Super. Ct. Dec. 15, 2014); Crimson Trace Corp. v. Davis Wright Tremaine…

In June 2014, the federal courts of the Northern District of California adopted “Guidelines for Professional Conduct,” also called “Civility Guidelines.” The Guidelines describe an attorney’s “duty of professionalism” as including “civility, professional integrity, personal dignity, candor, diligence, respect, courtesy,…