legal ethics Archives

Legal ethics in negotiating

In litigation and transactional work, negotiations with another party’s counsel are inevitable. The better the picture you can paint of your client’s position, the better the resolution you might obtain. However, new Rule 4.1 of the California Rules of Professional…

That Retainer, it’s Almost Certainly Refundable

As I progress through law school, I’m thinking about practicing and getting paid. The notion of a retainer payment is great because it mitigates the risk of getting stiffed or having to chase down money. However, sometimes business concludes before…

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

Amid the growing allegations of the Harvey Weinstein sexual misconduct scandal, it recently came to light that Weinstein’s former attorney, David Boies, had agreed to contract with a private investigator firm, Black Cube, on Weinstein’s behalf. Black Cube performed work…

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

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 them. While this is true for all attorneys, this is of particular importance for solo…

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

Amy retains Attorney to prosecute a personal injury action for an arm fracture she sustained in an automobile accident. Amy asks Attorney to meet with Bill who was rendered quadriplegic by the same accident. Bill’s claim is clearly more “valuable”…

Legal Ethics Corner: How Much Do You Need to Know About Your Client’s Insurance Coverage?

It’s no secret that insurance coverage is often a key issue in litigation, as insurance is used to pay defense costs, fund settlements, and satisfy judgments. In recognition of this, courts have recently been imposing more burdens on lawyers when…

Legal Ethics Corner: Ethical Issues in Compensating Contract Attorneys

The use of contract attorneys is commonplace in the practice of law today. Large law firms and solo practitioners utilize contract attorneys to supplement their own staff resources for transactional and litigation tasks. Despite a general requirement that a client…