Recent Blog Posts
When is “Zealous Advocacy” Legal Malpractice?
LAWYERS HAVE A DUTY TO REPRESENT CLIENTS ‘ZEALOUSLY” AND COMPETENTLY Lawyers have a legal duty to represent their clients “zealously” and competently. Merriam-Webster’s dictionary defines “Zealous” as “marked by fervent partisanship for a person, a cause, or an ideal.” The Cambridge online dictionary says it means “enthusiastic and eager.” Changed to a noun, the… Read More »
Closing a Skill Gap: Acquiring Legal Competence
IS A LAWYER ALLOWED ACQUIRE THE NECESSARY COMPETENCE TO REPRESENT A CLIENT DURING THE REPRESENTATION? While this may seem surprising, the answer is yes–sometimes. As a general rule, a lawyer cannot accept a case where the lawyer is too busy or too inexperienced to provide competent representation. However, a lawyer who has the time and interest… Read More »
When Is a Lawyer Required to Refuse a Case?
DO LAWYERS HAVE TO ACCEPT EVERY CASE? No. In fact, in some situations, lawyers cannot accept a case or agree to represent a certain client. LAWYERS HAVE A DUTY TO REFUSE CERTAIN CASES AND CLIENTS Various laws and ethics rules govern the cases (and clients) a lawyer can–and cannot–accept. Generally, lawyers have a duty not to… Read More »
Do Lawyers Have to Take Pro-Bono Cases?
CALIFORNIA LAWYERS HAVE NO LEGAL OBLIGATION TO REPRESENT PRO-BONO CLIENTS Both the American Bar Association and the California Bar Association strongly encourage lawyers to take on pro-bono cases. However, California lawyers are not required to perform any pro-bono legal work as part of standard licensing requirements. (“Pro Bono” means “for the good” and usually refers… Read More »
Is it Malpractice if a Lawyer Refuses to Take a Case?
LAWYERS ARE NOT REQUIRED TO TAKE ON EVERY CASE A PROSPECTIVE CLIENT BRINGS THEM While there are circumstances in which a lawyer may be required, or strongly encouraged, to take a case, those circumstances rarely involve truly “private” legal matters. In other words, no, it often (and, in most cases, usually) is not malpractice for… Read More »
Lawyers Have a Duty to Tell the Truth
LAWYERS HAVE A DUTY TO “EMPLOY MEANS CONSISTENT WITH THE TRUTH.” There are so many jokes about lawyers being dishonest that it surprises many people to learn that lawyers have a duty to tell the truth. California Business & Professions Code Section 6068, which establishes (some) of the duties of lawyers, says that every… Read More »
Do Lawyers Have to Obey the Law?
LAWYERS HAVE A LEGAL AND ETHICAL DUTY TO OBEY THE LAW As a general rule, everyone has a duty to obey the law (with the caveat that civil disobedience is a lengthy topic for a different day) – including lawyers. Despite the old joke that asks “How can you tell when lawyers are lying?”… Read More »
Can a Lawyer Use My Confidential Information in a Different Case?
LAWYERS MUST OBTAIN INFORMED WRITTEN CONSENT TO USE CONFIDENTIAL INFORMATION IN “OTHER CASES” Special rules govern the way lawyers can use confidential information that was obtained from, or belongs to, a client. If a lawyer receives or learns confidential information from a client, or in the course of representing a client, the lawyer cannot… Read More »
The Importance of Informed Written Consent to Conflicts of Interest
Where conflicts of interest exist, a lawyer may not engage in certain types of conduct without making proper disclosures and obtaining the client’s informed written consent. Last week, we examined what it means to give informed written consent. Today, we’ll look a little more closely at what the lawyer cannot do unless proper consent is obtained…. Read More »
Can A Lawyer Represent a Client if the Lawyer Has a Conflict of Interest?
SOMETIMES. Let’s look at the situation in more detail. When the rules that govern attorney conduct do not prohibit representation, a lawyer can represent a client, even if a conflict of interest exists, as long as the conflict is disclosed in writing and the client gives written informed consent (where required), despite the conflict. A surprising number… Read More »
