Author Archives: Robert Ross
When Can a Lawyer NOT Represent a Client?
DISQUALIFICATION OF LAWYERS A lawyer may be disqualified from representing a client in a variety of situations. If the situation exists before an attorney-client relationship is formed, the lawyer may be (and often is) prohibited from representing the potential client. If the situation arises after an attorney-client relationship is formed, the lawyer may (and usually must) resign… Read More »
What Happens if a Lawyer Violates Conflict of Interest Rules?
WHAT HAPPENS IF A LAWYER BREAKS THE CONFLICT OF INTEREST RULES? Lawyers have a duty to identify conflicts of interest and handle them properly. If a California lawyer breaks the conflict of interest rules, (s)he may be subject to: disqualification/an order to recuse himself or herself from representing the relevant client in some cases,… Read More »
When Do Lawyers Have Conflicts of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of an attorney-client relationship, a “conflict of interest” exists when a lawyer’s interests are in conflict, or are not aligned, with the interests of: The lawyer’s own client A different client the lawyer represents (or, in some situations, a client the lawyer represented in the… Read More »
What Are “Legal Services” For Purposes of the Statute of Limitations on Legal Malpractice?
THE STATUTE OF LIMITATIONS FOR LEGAL MALPRACTICE California Code of Civil Procedure Section 340.6 says that if a lawyer engages in wrongful acts (or omissions) that constitute malpractice, the injured plaintiff generally* must bring a civil action against the lawyer within the earlier of: One year after the plaintiff first discovers the facts that… Read More »
What is the Statute of Limitations on Legal Malpractice?
WHAT IS A STATUTE OF LIMITATIONS? A “statue of limitations” is a law that establishes the period during which a lawsuit or other claim can be brought against a wrongdoer. Phrased differently, a statute of limitation establishes the deadline before which a claim must be made, and a lawsuit filed. When the deadline in… Read More »
Can a Client Sue a Lawyer for Emotional Distress?
EMOTIONAL DISTRESS DAMAGES GENERALLY ARE NOT RECOVERABLE IN LEGAL MALPRACTICE ACTIONS As a general rule, damages for legal malpractice do not include emotional distress if the client suffered only economic loss or property damages. This is because, under California law, lost property does not “naturally” lead to emotional distress. While it’s true that the… Read More »
How is Legal Malpractice Different From Attorney Discipline?
WHAT IS LEGAL MALPRACTICE? “Legal malpractice” is a common term for Professional Negligence, which is a form of legal liability that occurs when a lawyer behaves in an actionably negligent manner when giving advice, representing a client, or handling a client’s legal affairs and when that improper conduct results in damage to the client. This… Read More »
Lawyers Must Cite the Law Correctly–And Disclose Adverse Authority
LAWYERS MUST DISCLOSE KNOWN & CONTROLLING LEGAL AUTHORITY A lawyer’s duty of candor includes both positive and negative duties relating to legal authority. When presenting arguments and evidence to a court or other tribunal: A lawyer must: Use only means that are consistent with the truth (California Business & Professions Code Section 6068(d)) Disclose… Read More »
Lawyers Must Not Lie, or Destroy or Suppress Evidence
A lawyer’s duty of candor impacts the way lawyers can present and handle evidence. Essentially, the duty requires lawyers to be honest, and straightforward when dealing with judges, juries, and legal proceedings. Let’s look at some of the ways this duty impacts a lawyer’s actions. LAWYERS MAY NOT MISLEAD JUDGES OR JURIES Lawyers cannot… Read More »
Can Lawyers Lie to the Court?
Short answer: NO. LAWYERS HAVE A “DUTY OF CANDOR” TO COURTS AND OTHER TRIBUNALS When a lawyer represents a client in front of a “tribunal” (which includes not only litigation in a trial court or on appeal, but arbitration and other formal dispute resolution proceedings also) the lawyer cannot: Knowingly lie, or make false… Read More »
