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…
It’s Time for Lawyers to Commit to a “Duty of Professionalism” Toward Court Reporters
Every day, in countless rooms and Zooms, court reporters encounter situations like these true stories: As she walked into the conference room, the noticing attorney looked her over and remarked in front of everyone present, “Guess I got the short…
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…
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”…