The State Bar of California Standing Committee on Professional Responsibility (COPRAC) recently published Formal Opinion 2021-207, addressing the ethical obligations of a lawyer who has a client with diminished decision-making capacity. Representing clients with diminished capacity involves unique challenges, including…
ABA Offers Tips for Effective Client-Lawyer Communications
On October 6, 2021, the American Bar Association issued Formal Opinion 500 addressing language access in the client-lawyer relationship. The Opinion notes: “Communication between a lawyer and a client is necessary for the client to participate effectively in the representation…
Improve Your Client Intake: 5 Steps to Seal the Deal
The client intake process is arguably the most critical part of your law firm management. It’s how you get clients, procure retainers, and generate cash flow. The initial client consultation sets the tone for the entire case, so make sure…
Think Your Client Is Up To No Good? You May Have a Duty to Inquire
Practitioners should be aware of the American Bar Association’s (ABA) recent pronouncement that lawyers may have a “duty to inquire” in certain circumstances to avoid “advising or assisting a client in conduct the lawyer ‘knows’ is criminal or fraudulent.” Plaintiffs…
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…