Bar Exam Toolbox Podcast Episode 190: Listen and Learn -- Exceptions to Confidentiality (Professional Responsibility)
Bar Exam Toolbox Podcast Episode 179: Listen and Learn -- Professional Responsibility: Competence
As the “AI Revolution” continues to gain momentum, questions concerning professional ethics have arisen across almost all professions. For legal services providers in particular, this disruptive technology poses both risks...more
Summer is here and, for many lawyers, that means taking a well-deserved vacation and spending time with friends and family. However, any lawyer — particularly litigators who do not have complete control over their...more
The IRS Office of Professional Responsibility (“OPR”) has exclusive authority to administer and enforce Circular 230 (“Circ. 230”), the Regulations Governing Practice before the Internal Revenue Service. (31 C.F.R. Subtitle...more
Welcome back to the Bar Exam Toolbox podcast! Today, we're going to be discussing Professional Responsibility, and specifically, exceptions to confidentiality under the ABA and California rules. In this episode, we discuss: ...more
Welcome back to the Bar Exam Toolbox podcast! Today, we're tackling Competence - an issue that comes up in many California bar essays on Professional Responsibility. In this episode, we discuss: >The ABA and California...more
We wrote last July about a draft California ethics opinion regarding clients who may have diminished mental capacity. After receiving public comment, the State Bar’s Standing Committee on Professional Responsibility and...more
Life happens fast. Blink, and you may miss important legal ethics opinions that capture the latest risk management trends. Our New Year's Edition of the Lawyers' Lawyer Newsletter highlights 11 opinions from 2021 that may not...more
For the third installment of the “E-Discovery Gold Nuggets” blog, ACEDS Kansas City Chapter Leader Daniel Gold tackles topics of data transparency and the slippery slope of data. Gold shares industry insight and e-discovery...more
Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more
The nature of tax practice presents a number of unique ethical issues. Tax practice requires compliance with multiple ethical frameworks. This creates ambiguities and raises complex questions. Courts have even questioned...more
Firm Administration – Expense Reporting – Oversight – Discipline - Trick or Treat Editors' Note: Aside from a global pandemic, is there anything more bizarre and troubling than lawyers stealing seemingly paltry sums from...more
Prospective Clients – Duty of Confidentiality – Potentially Harmful or Disqualifying Information ABA Formal Opinion 492 (June 9, 2020) - Risk Management Issue: When dealing with prospective clients, what steps can a lawyer...more
Earlier this year, rumors surfaced that the IRS plans to clean house and phase out all attorney positions from the Office of Professional Responsibility (“OPR”), an independent arm of the Service tasked with enforcing...more
Fee Division with Client's Prior Counsel, ABA Formal Opinion 487 (June 18, 2019) - Brief Summary - The ABA Standing Committee on Ethics and Professional Responsibility (the "Committee") has issued a formal opinion...more
California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with...more
After almost 30 years, California’s first substantial revision of its Rules of Professional Responsibility for lawyers took effect on November 1. While the new rules are largely based on the ABA model rules, they also...more
• The American Bar Association (ABA), on March 6, 2018, issued Formal Opinion 480, which specifically examines confidentiality obligations for lawyer blogging and other public commentary. • Notably, the opinion recites the...more
In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more
A California litigation attorney recently asked me if he could represent his American friend living in France. French law can be divided into two main categories, droit privé (private law) and droit public (public law). The...more