Magazine Archive
Strict New Mediation Rule Now Effective
What happens in Vegas stays in Vegas (or so they say). And what happens in mediation stays in mediation. Or does it? In 1996 Michael Cassel obtained a “Global Master License” (“GML”) to sell Von Dutch clothing. He founded a company (“Von Dutch Originals, L.L.C.) (“VDO”) to sell clothing under that name. Cassel thereafter lost...
Read ArticleConflicts of Interest Under California’s New Rules of Professional Conduct
Although there seems to have been no detectable tremor in the force, on November 1, 2018, California’s first nearly complete overhaul of its Rules of Professional Responsibility (“Rules”) in nearly 30 years came into effect. In addition to renumbering the rules to conform to the ABA Model Rules, California’s new rules enact a number of...
Read ArticleI’m Too Sexy . . . For My Client! New Rules on Sexual Relations Between Attorneys and Their Clients
Following years of drafting, review and revision, the California Supreme Court ordered new Rules of Professional Conduct (“Rules”) to go into effect November 1, 2018. This was the first such comprehensive overhaul of the Rules since 1989, and brought them more into line with the American Bar Association (“ABA”) Model Rules, albeit with a distinct...
Read ArticleRule 1.18: Guess what? You have a duty to prospective clients
Until the passage of the new rules, a mix of Professional Rules, Evidence Code, Business and Professions Code and case law created limited duties to prospective clients. These duties emphasized an attorney’s duty of loyalty, confidentiality and competence and evolved from an attorney’s duty to existing and former clients. Rule of Professional Conduct 1.18 now firmly...
Read ArticleRules 1.5, 1.5.1 and 1.15 - Changes to How Attorneys Hold Funds and Charge Fees
In the newest version of the California Rules of Professional Conduct (“Rules”), the Commission has made several changes relating to how attorneys hold funds and charge (and divide) fees. Rules 1.5 (“Fees for Legal Services”) and 1.15 (“Safekeeping of Funds”) are the two rules that present the most significant changes concerning how attorneys charge their...
Read ArticleThis Hearing May Be Recorded for Your Protection
Introduction If you represent clients who have been granted fee waivers, you undoubtedly are aware of Jameson v. Desta (2018) 5 Cal.5th 594, a July 2018 California Supreme Court decision dealing with fee waiver litigants and access to an official verbatim record of proceedings. Although Jameson is a lengthy opinion, its holding is summed up...
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