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Cal 2004-165
THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION NO. 2004-165 ISSUE: 1. What are the ethical responsibilities of a member of the California State Bar who uses outside contract lawyers to make appearances on behalf of the member’s clients? 2. What are the ethical responsibilities of the outside contract lawyer who makes the appearances? DIGEST: 1. To comply with his or her ethical responsibilities, a member of the California State Bar who uses an outside contract lawyer to make appearances on behalf of the member’s client must disclose to his client the fact of the arrangement between the member and the outside lawyer when the use of the outside lawyer constitutes a significant development in the matter. Whether the use of the outside lawyer constitutes a significant development will depend upon the circumstances in each situation. If, at the outset of the engagement, the member anticipates using outside lawyers to make appearances on behalf of the member’s client, the member should address the issue in the written fee agreement with the client. If the member charges the outside lawyer’s fees and costs to the client as a disbursement, the member must state the client’s obligations for those charges in the written fee agreement. In addition, the member remains responsible to the client, which includes responsibility for competently supervising the outside lawyer. Finally, the member must comply with the ethical rules concerning competence, confidentiality, advertising, and conflicts of interest that apply to his or her role in any such arrangement. -
October-1992-Vol5-No8.Pdf
,- II ii r! ! Explore the world of WEST LAW. I. ¡ FREE for 60 days! i ! West Publishing is now making WAIVER FREE Training. a series afmoney-saving of Connect You'll conduct case-building research FREE bonuses available to Time/Communications quickly and effciently with help from PC Charges for 60 Days. WESTrain"1I diskettes and telephone first-time subscribers. Every time you sign on WESTLAW during training with one of our WESTLAW experts. the first 60 days, the charges are on us. Sign upJor a oneyear subscription (Some limitations may apply.) to WESTLAW andyou'll receive: (Some limitations apply.) FREE TAKE ADVANTAGE FREE WESTCheck"Automated Citation of this limited-time offer! Database Usage for 60 Days. Checking for 60 Days. Explore WESTLAW databases and discover Use this popular WESTLAW feature to check Call 1- 800-255-2549, the amazing array of information now citations automatically. You'll always be Ext. 998 today! instantaneously available. certain that the authority you rely on You also get special bonuses on DIALOG" on remains good law. WESTLA W usage, Business Information Reports from Dun & Bradstreet Information FREÈ Services' Online Service, and Washington EZ ACCESS'M Research Service Alert usage. I\tJLiiI+WI for 6 Months. (! (Regular charges apply to other Third Party Services) Make your first online research session effcient and productive. Just answer the More ways to wi questions that appear on your screen to retrieve cases, statutes and other documents. 191992 West Publishing Company 2-9241-4/8-92 I 3355971 i ¡ Ii j -i Utalz~ UTAH BAR JOURNAL Published hy The Utah State Bar 645 South 200 East Vol. -
Minutes of the Annual Meeting of the Wyoming State Bar
Land & Water Law Review Volume 16 Issue 1 Article 14 1981 Minutes of the Annual Meeting of the Wyoming State Bar Wyoming State Bar Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Wyoming State Bar (1981) "Minutes of the Annual Meeting of the Wyoming State Bar," Land & Water Law Review: Vol. 16 : Iss. 1 , pp. 333 - 360. Available at: https://scholarship.law.uwyo.edu/land_water/vol16/iss1/14 This Wyoming Bar Proceeding is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Wyoming State Bar: Minutes of the Annual Meeting of the Wyoming State Bar University of Wyoming College of Law LAND AND WATER LAW REVIEW VOLUME XVI 1981 NUMBER 1 MINUTES OF THE ANNUAL MEETING OF THE WYOMING STATE BAR September 3, 4, 5, and 6, 1980 Jackson, Wyoming The 39th Annual Meeting of the Integrated Bar and the 65th Annual Meeting of the Wyoming State Bar was called to order by President Thomas E. Lubnau at 9:00 a.m. on September 5, 1980, at the Ramada Snow King Inn, Jackson, Wyoming. Upon motion duly made, seconded, and unanimously carried, the reading of the minutes of the previous meeting was dispensed with. REPORT OF THE PRESIDENT Members of the Wyoming State Bar: As provided by Article II, Section 2 of the By-Laws of the Wyo- ming State Bar, I would like to report to you on the activities of our Bar for the past year. -
The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion Interim No
THE STATE BAR OF CALIFORNIA STANDING COMMITTEE ON PROFESSIONAL RESPONSIBILITY AND CONDUCT FORMAL OPINION INTERIM NO. 08-0002 ISSUES: Does an attorney violate the duties of confidentiality and competence he or she owes to a client by using technology to transmit or store confidential client information when the technology may be susceptible to unauthorized access by third parties? DIGEST: Whether an attorney violates his or her duties of confidentiality and competence when using technology to transmit or store confidential client information will depend on the particular technology being used and the circumstances surrounding such use. Before using a particular technology in the course of representing a client, an attorney must take appropriate steps to evaluate: 1) the level of security attendant to the use of that technology, including whether reasonable precautions may be taken when using the technology to increase the level of security; 2) the legal ramifications to a third party who intercepts, accesses or exceeds authorized use of the electronic information; 3) the degree of sensitivity of the information; 4) the possible impact on the client of an inadvertent disclosure of privileged or confidential information or work product; 5) the urgency of the situation; and 6) the client‟s instructions and circumstances, such as access by others to the client‟s devices and communications. AUTHORITIES INTERPRETED: Rule 3-100 of the Rules of Professional Conduct of the State Bar of California. Rule 3-110 of the Rules of Professional Conduct of the State Bar of California. California Business and Professions Code section 6068, subdivision (e)(1). STATEMENT OF FACTS Attorney is an associate at a law firm that provides a laptop computer for his use on client and firm matters and which includes software necessary to his practice. -
The Regulation of Lawyer Referral Services: a Preliminary State-By-State Review
THE REGULATION OF LAWYER REFERRAL SERVICES: A PRELIMINARY STATE-BY-STATE REVIEW Prepared by the American Bar Association Standing Committee on Lawyer Referral and Information Service I. Overview Lawyer Referral Service (LRS) programs across the country provide an efficient mechanism for providing attorneys with direct referrals of potential clients, while also providing access to legal services to typically middle-class Americans who may otherwise lack the knowledge or information necessary to independently seek out counsel. Every state has developed regulatory schemes defining these programs and the parameters for attorney involvement, and in some cases even dictating the operation of LRS programs themselves. A review of the LRS rules in all fifty states undertaken by the ABA Standing Committee on Lawyer Referral and Information Service reveals a broad continuum of regulation of LRS programs across the country. This report summarizes the preliminary findings of this review, with further research ongoing. II. Analysis of State LRS Regulatory Schemes There is a wide variation among the states in the manner in which LRS programs are regulated. The predominant approach involves defining the conditions under which lawyers may participate in LRS programs through court rule; specifically, rules of professional conduct. But there are also states that have court rules defining how LRS programs are to be operated (including two states that engage in regulation via statute in addition to court rule), and the applicability of LRS regulatory approaches are controlled, in part, on how states define “lawyer referral service,” and these definitions often vary. A. The Basis and Focus of LRS Regulation The approaches undertaken by the states in regulating LRS programs may be easily divided into two distinct areas of focus: a focus on regulation of attorney participation in LRS programs, and a focus on regulation of LRS programs themselves. -
Volume 33 No. 6 Nov/Dec 2020 Partner up with POWER Is Your Firm Concerned About Expenses in This Current Economic Cycle?
Utah Bar® JOURNAL Volume 33 No. 6 Nov/Dec 2020 Partner Up With POWER Is your firm concerned about expenses in this current economic cycle? Concerned insurance carriers or corporate defendants will try to “lowball” or stall your contingency cases? In need of an aggressive team to get top value for your clients and get it done without more delays? Eisenberg, Cutt, Kendell & Olson are here to help you. Our full-time business is working with lawyers and firms to co-counsel larger contingency fee injury, tort and insurance cases. We have the staff and financial resources to aggressively prosecute cases even in the hardest economic times. We can do it all or work side by side with you. If needed, we can also help with case expenses and costs. We’d like to talk to you about getting the most for your cases. 801.366.9100 | www.eckolaw.com The Utah Bar Journal Published by the Utah State Bar | 645 South 200 East, Salt Lake City, Utah 84111 | 801-531-9077 | www.utahbar.org BAR JOURNAL EDITORIAL BOARD Editor-in-Chief Utah Law Developments Editor Editor at Large Alisha Giles LaShel Shaw Todd Zagorec Managing Editor Judicial Advisor Young Lawyer Representative Andrea Valenti Arthur Judge Gregory K. Orme Alex Sandvik Articles Editors Copy Editors Paralegal Representative LaShel Shaw Hal Armstrong Greg Wayment Victoria Luman Paul Justensen Jacqueline Carlton Bar Staff Liaison Editors Emeritus Christine Critchley Departments Editor William D. Holyoak Ryan Beckstrom Judge Catherine E. Roberts (Ret.) Advertising/Design Manager Laniece Roberts MISSION & VISION OF THE BAR: The lawyers of the Utah State Bar serve the public and legal profession with excellence, civility, and integrity. -
Rules of Professional Conduct
California Rules of Professional Conduct 2021 California Rules of Professional Conduct and Other Related Rules and Codes Volume 1 Rules of Professional Conduct State Bar Act (Bus. & Prof. Code, §§ 6000 et seq.) “1992” Rules of Professional Conduct “1989” Rules of Professional Conduct “1975” Rules of Professional Conduct Rules Cross-Reference Tables Published by the State Bar of California Office of Professional Competence Pub. No. 250 2021 PRODUCTION STAFF LEGISLATIVE RESEARCH EDITOR Mimi Lee Randall Difuntorum Lauren McCurdy Andrew Tuft PRODUCTION EDITOR Lauren McCurdy DISTRIBUTION Angela Marlaud ASSISTANT EDITOR WEB PRODUCTION Mimi Lee Mimi Lee TABLE OF CONTENTS RULES OF PROFESSIONAL CONDUCT Rule 1.8.6 Compensation from One Other than Client CROSS-REFERENCE TABLES 17 Current Rules to the “1992” Rules iii Rule 1.8.7 Aggregate Settlements 18 “1992” Rules to the Current Rules vii Rule 1.8.8 Limiting Liability to Client 18 RULES OF PROFESSIONAL CONDUCT Rule 1.8.9 Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review 18 Rule 1.0 Purpose and Function of the Rules of Professional Conduct 1 Rule 1.8.10 Sexual Relations with Current Client 18 Rule 1.0.1 Terminology 2 Rule 1.8.11 Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9 19 CHAPTER 1. LAWYER-CLIENT RELATIONSHIP 3 Rule 1.9 Duties to Former Clients 19 Rule 1.1 Competence 3 Rule 1.10 Imputation of Conflicts of Interest: General Rule 1.2 Scope of Representation and Allocation of Rule 20 Authority 4 Rule 1.11 Special Conflicts of Interest for Former and Rule 1.2.1 Advising -
Volume 25 No. 5 Sep/Oct 2012 FALL FORUM
FALL FORUM Sep/Oct 2012 5 25No. Volume November 8-9 Utah Bar® JOURNAL EISENBERG GILCHRIST & CUTT TTORNEYS AT AW Results Matter Some of our successes in 2011 include: More than 300 lawyers have referred injured clients to • $5.0 million recovery for trucking accident Eisenberg Gilchrist & Cutt because they know we get top results. We approach every case as a serious piece of litigation, • $4.0 million recovery for product liability case whether it is worth $100,000 or $10 million. • $2.8 million recovery for carbon monoxide case • $2.5 million recovery for auto-wrongful death Call us if you have a new injury case or want to bring • $1.5 million jury verdict for ski accident case experience to a pending case. We tailor fee arrangements to • $1.1 million recovery for medical malpractice suit your clients’ needs, and we help fund litigation costs. Let our experience add value to your case. 900 PARKSIDE TOWER • 215 SOUTH STATE STREET • SALT LAKE CITY, UTAH 84111 TEL: 801-366-9100 TOL-FREE: 877-850-3030 WWW.EISENBERGANDGILCHRIST.COM FOUNDING PARTNERS ARE JEFFREY D. EISENBERG, ROBERT G. GILCHRIST AND DAVID A. CUTT Table of Contents Utah Ba President’s Message: Looking Ahead 6 by Lori W. Nelson EISENBERG GILCHRIST & CUTT Commission Message: Modest Means Lawyer Referral Program: TTORNEYS AT AW How You Can Make this Program Work for Your Practice 10 r by Hon. Su J. Chon ® Article: Twombly and Iqbal: How the Supreme Court has Radically Redefined Access to the Federal Courts 12 by Aaron S. Bartholomew JOURNAL Article: The New Respect for Justice George Sutherland 18 by Andrew M. -
State Bar of California Acting Executive Director: Jeffrey T
LEGAL/ACCOUNTING REGULATORY AGENCIES State Bar of California Acting Executive Director: Jeffrey T. Gersick ♦ (415) 538-8200 ♦ (213) 765-1000 ♦ To ll-Free Complaint Hotline: 1-800-843-9053 ♦ Ethics Hotline: l-800-2ETHJCS ♦ Internet: www.calbar.org he State Bar of California was created by legislative of investigators and prosecutors. The act in 1927 and codified in the CaliforniaConstitution Bar recommends sanctions to the at Article VI, section 9. The State Bar was established California Supreme Court, which makes final discipline de asT a public corporation within the judicial branch of govern cisions. However, Business and Professions Code section ment, and membership is a requirement for all attorneys prac 6007 authorizes the Bar to place attorneys on involuntary in ticing law in California. Over 165,000 California lawyers are active status if they pose a substantial threat of harm to cli members of the State Bar. ents or to the public, among other reasons. The State Bar Act, Business and Professions Code sec On March 1, State Bar Executive Director Steve Nissen tion 6000 et seq., designates a Board of Governors to run the announced his resignation in order to accept a position within Bar. The Board President is usually elected by the Board of Governor Gray Davis' administration. Nissen, who officially Governors at its June meeting and serves a one-year tenn left on March 19, had served at the Bar for only 16 months, beginning in September. Only governors who have served on arrivingjust prior to then-Governor Wilson's veto of the Bar's the Board for three years are eligible to run for President. -
THE FLORIDA BAR, Complaintant, V. VITO TORCHIA, JR., Respondent
IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Supreme Court Case Complaintant, No. SC-16-1267 v. The Florida Bar File No. 2016-00,163 (2A) VITO TORCHIA, JR., Respondent. _____________________________/ ANSWER TO FORMAL COMPLAINT FOR RECIPROCAL DISCIPLINE Vito Torchia, Jr., Respondent, files this Answer to Formal Compliant for Reciprocal Discipline filed by The Florida Bar, Complaintant, pursuant to the Rules Regulating The Florida Bar and answers: 1. Respondent admits the averment in paragraph 1 of the Complaint. 2. Respondent admits the averment in paragraph 2 of the Complaint. 3. Respondent is without knowledge or information sufficient to respond to the averment in paragraph 3, and on that basis, denies the averment in paragraph 3. Respondent further responds that the document speaks for itself. 4. Respondent denies the averments in paragraphs 4 A. through 4 CC. 5. Respondent is without knowledge or information sufficient to respond to 1 the averments in paragraphs 4 DD. and 4 EE, and on that basis, denies the averments in paragraphs 4 DD. and 4 EE. Respondent further responds that each document speaks for itself. 6. Respondent is without knowledge or information sufficient to respond to the averment in paragraph 5, and on that basis, denies the averment in paragraph 5. WHETHER RECIPROCOL DISCIPLINE IS APPROPRIATE This Court, in Florida Bar v. Kandekore , 932 So.2d 1005 (Fla. 2000), held that “[u]nder Rule Regulating The Florida Bar 3-4.6, when an attorney is adjudicated guilty of misconduct by the disciplinary agency of another jurisdiction, the adjudication serves as conclusive proof of commission of the misconduct charged. -
Table of Contents Utah Bar
Table of Contents Utah Bar Letters to the Editor 5 President’s Message: Substitute House Bill 349 and the Definition of the Practice of Law by John A. Adams 6 JOURNAL Practice Pointer: Fee Agreements by Kate A. Toomey 10 The Final Judgment Rule: Appealability and Enforceability Go Hand in Hand by Kent O. Roche 14 Getting Past the Name Calling: A Framework for Analyzing Affirmative Action Plans by John Martinez 16 Free Online Legal Research as a Bar Benefit: The CaseMaker Option by Toby Brown 20 Views From the Bench: The Constitutional Guarantee of an Independent Judiciary by Justice Leonard H. Russon 22 State Bar News 28 Legal Assistant Division 35 Utilizing Legal Assistants in Your Family Law Practice by Lucy A. Knorr 36 CLE Calendar 38 Classified Ads 39 VISION OF THE BAR: To lead society in the creation of a justice system that is understood, valued, respected and accessible to all. MISSION OF THE BAR: To represent lawyers in the State of Utah and to serve the public and the legal profession by promoting justice, professional excellence, civility, ethics, respect for and understanding of, the law. COVER: Storm brewing over Bear Lake, taken from North Beach by first-time contributor, Marji Hanson, Salt Lake City. The Utah Bar Journal is published monthly by the Utah State Bar. One copy of each issue is furnished to members as part of their Bar dues. Subscription price to others, $45.00; single copies, $5.00. For information on advertising rates and space reservation, call Volume 16 No.4 or write the Utah State Bar offices. -
Planning Ahead: a Guide to Protecting Your Clients' Interests in the Event Of
PLANNING AHEAD: A GUIDE TO PROTECTING YOUR CLIENTS’ INTERESTS IN THE EVENT OF YOUR DISABILITY OR DEATH A Handbook and Forms 2016 Idaho State Bar PO Box 895 Boise, ID 83701 www.isb.idaho.gov (208) 334-4500 Board of Commissioners Trudy Hanson Fouser President Tim Gresback Past President Michelle R. Points Commissioner Dennis S. Voorhees Commissioner Kent A. Higgins Commissioner Executive Director Diane K. Minnich Bar Counsel Bradley G. Andrews DISCLAIMER This handbook is designed to minimize the likelihood of you or your estate being sued for legal malpractice in the event of your death, disability, impairment, or incapacity. The material presented does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic, and readers should conduct their own appropriate legal research. May 2016 Dear Idaho Lawyer: This handbook was created to help you fulfill your ethical obligations to protect your clients' interests in the event of your death, disability, impairment, or incapacity. Although it is hard to think about events that could render you unable to continue practicing law, freak accidents, unexpected illness, and untimely death do occur. Following the suggestions in this handbook will help to protect your clients' interests and will help to make your practice a valuable asset to your estate. In addition, it will simplify the closure of your office - a step your family and colleagues will very much appreciate. We hope this handbook will be of assistance to you. Sincerely, Senior Lawyers Transition Task Force William F. (Bud) Yost III, Chair Hon.