One of the most challenging skills to master as a lawyer is communication with a client and opposing counsel. When learning this skill, many lawyers often advise associates or colleagues to write as if the email or letter would be read by a respected family member who has high expectations of decorum and politeness.
But what does this mean for
January ended recently, and many attorneys just submitted their MCLE compliance reports. Before 2022 steamrolls into summer, here are some risk management and ethical concerns for attorneys to consider or to attend to. Taking the time to review your law firm’s internal practices, technology, business goals, or conflicts considerations doesn’t need to take place at the beginning of the year;
With the start of the new year and the close of the holiday season, many of us will return to our desks after a few days away from the (physical or virtual) office. There will be emails to filter, voicemails to return, and snail-mail to sort. There may be deadlines to calendar, meetings to schedule, and files to organize. With
California Rules of Professional Conduct (CRPC), rule 1.8.6 is the rule that governs attorneys and acceptance of payments on behalf of the client from third parties or third-party payors. The rule involves both the attorney’s duties to their client and conflicts of interest considerations.
Who is a third-party payor? And when does this occur?
For some lawyers, a third-party payor
Attorneys live an extremely busy and stressful lifestyle. Even before COVID-19, attorneys often displayed a high rate of anxiety, depression, stress, and heavy substance abuse. However, since the pandemic took hold in 2020, studies show an increase in mental health challenges for all adults, making attorneys who were already vulnerable to stress and anxiety even more susceptible to mental and
Earlier this year, the State Bar of California Standing Committee on Professional Responsibility and Conduct issued Formal Opinion No. 2021-205. This opinion provides a deeper explanation on compliance considerations when a law firm or lawyer is contacted by a prospective client (“PC”) and the duties that the attorney or law firm may have to their existing client should there
As more Americans get vaccinated against COVID-19 and employers consider plans for phasing their workforces back into the office, members of the legal community have been watching BigLaw firms’ every move toward pre-pandemic operations. Who will have to come back in, and how often? Will they keep their existing office space, or renegotiate their leases and downsize? Will vaccines be
If you’ve read my prior articles for CEB, you may have recall my first post on reframing your relationship with your rules of professional conduct. I specifically discussed California Rules of Professional Conduct, rule 1.1, “Competence,” encouraging readers to pay close attention to the concept of “legal services.” Legal services incorporate everything that a lawyer utilizes to represent their clients
When was the last time you read your engagement letter line by line, from beginning to end? No, really, when did you do this last? Do you recall the last time you updated your engagement letter? You can answer honestly, because you’re probably reading this in the comfort of your office. Maybe updating your engagement agreement has been at the
Evan Walker, a Southern California personal injury attorney, is still paying the rent on his law office in La Jolla, but he hasn’t been there since the COVID-19 pandemic arrived in the United States. His wife is an infectious disease physician, and they have two young boys, so he isn’t taking any chances.
Working from home was an adjustment at
