For the last 12 months, most California attorneys have worked from home instead of an office. In addition to logistical challenges, working from home presents further risks of potential claims against attorneys. Below are three tips firms should consider to…
Risk Management: Terminating Attorney-Client Relationships
During the first quarter of the new year, this column identifies strategies to minimize the risk of claims in 2021. The first strategy is to effectively terminate a representation once it concludes. In California, the statute of limitations for a…
Risk Management: Collateral Estoppel and Malicious Prosecution
In Alston v. Dawe, 20 Cal. Daily Op. Serv. 7561, a Court of Appeal held dismissal of an underlying action on collateral estoppel grounds may qualify as a favorable termination in a subsequent malicious prosecution claim. To prevail on a…
The Importance of Timely Recording Your Time
Attorneys have different reasons for keeping time. Some plaintiff attorneys prudently record time to support a fee award, or to ensure they are paid if they are terminated during litigation. Defense attorneys typically bill by the hour and time records…
Avoiding Unintentional Relationships When Representing Corporate Entities
An attorney who represents companies, particularly small companies, must take care not to unintentionally create an attorney-client relationship with individual shareholders or partners. The consequences of creating a relationship can be serious if the attorney unknowingly assumes a competing fiduciary…
Equifax: The New Standard in Cybersecurity Settlements?
In January, a federal grand jury indicted four members of the Chinese army for hacking into the computers of Equifax in 2017 and stealing sensitive information on 145 million Americans. News about the charges overshadowed another legal milestone in the…
Risk Management: Lawyers Facing Claims for Breach of Fiduciary Duty
Lawyers facing claims for breach of fiduciary duty, and the counsel defending them, should be aware of the Court of Appeal’s decision last year in Knutson v. Foster, 25 Cal.App.5th 1075 (2018). Plaintiff’s counsel is almost certain to bring…
Risk Management: California’s Mediation Confidentiality Disclosure
California lawyers must disclose the confidentiality rules that apply to mediation to their client before the mediation. California Evidence Code section 1129 ensures that attorneys make their clients aware of the confidentiality rules related to mediation, including that communications…
Risk Management: New “Reporting Up” Requirements For Attorneys Representing Organizations
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 requirements regarding an attorney’s duty to “report up” under certain circumstances. Rule 1.13(b) requires reporting up an…
Risk Management: Duties Owed to Former Clients Under the New Rules of Professional Conduct
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 former matter, and not to use information acquired in confidence against the former client. The…
Ethical Walls Are Not a Panacea for Imputation of Conflicts Under New Ethics Rules
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. New rule 1.10 incorporates imputation concepts that are currently addressed in California case…
General Counsel Tip: Responding To a Complaint
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 are four tips for general counsel to consider when their law firm receives a demand…