California Legal Ethics
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Legal news and analysis on legal malpractice and misconduct. Covers lawsuits, enforcement, corruption, recusals, disqualifications, sanctions, legislation, regulation. Law Office of David C. Carr advises and represents lawyers in matters related to legal ethics and the law of lawyering, including ethics advice, discipline defense, and bar admissions.
California Legal Ethics
3y ago
On March 25 ,2020, the California Supreme Court denied a petition for review of a State Bar Court decision in a reinstatement case filed by former attorney Stephen J. Liebb. That in itself is unremarkable; the Supreme Court denies most petitions for review of State Bar Court decisions. Liebb ..read more
California Legal Ethics
3y ago
A black man is murdered. Two white suspects tell the police that the killing was self-defense. The police do not pursue the investigation. Later, video is leaked to the news media that appears to show that the murder was not self-defense, that the murdered man was defending himself against one ..read more
California Legal Ethics
3y ago
The State Bar of California has filed an action in San Francisco Superior Court alleging that LegalMatch.com is operating as an uncertified legal referral service. This comes after the California Supreme Court's denial of LegalMatch.com's petition for review of the Court of Appeal decision in Jac ..read more
California Legal Ethics
3y ago
Nguyen v. Ford (Sixth App. Dist., case no H046809, filed 4/24/20, published 5/13/20) addresses tolling under the legal malpractice statute of limitations, specifically Code of Civil Procedure section 340.6(a)(2) which provides that the limitations period is tolled while “the attorney continues ..read more
California Legal Ethics
3y ago
Recently amended AB 3362 is notable for the fact that it reduces State Bar licensing fees (“dues” no longer) by a munificent $34.00. But a recent amendment also shines a light on a statutory provision often overlooked, often to a lawyer's sorrow: Business and Professions Code section 6090.5, whi ..read more
California Legal Ethics
3y ago
The Review Department of the State Bar Court has ordered publication of its April 10, 2020, opinion In the Matter of Smart, case no. 17-C-03687. It upheld the hearing judge's recommendation of disbarment. Smart plead guilty to felony charges of violating Penal Code section 245(a)(4) (assault w ..read more
California Legal Ethics
3y ago
Taylor v. Traylor, Second App. Dist., Div.8, case no.B296537, filed 6/10/20. Lawyer represented two plaintiffs on a police shooting case for approximately one month in 2016. When the plaintiffs fired him, they requested their file and Lawyer refused to provide it. Lawyer later submitted notic ..read more
California Legal Ethics
3y ago
Tolstoy's masterpiece “War and Peace” is 1,225 pages long. Roche v. Hyde (First Appellate Dist, Div. 4, case no. A150459, filed 6/30/20) is only 95 pages long. If you must while away the empty hours of summer reading only one really long story, which one would you choose? Even a Cliff Notes vers ..read more
California Legal Ethics
3y ago
The American Bar Association (ABA) has issued formal ethics opinion 495 “Lawyers Working Remotely.” A timely topic in the midst of the pandemic and an opinion that will offer some comfort to those who are currently living and practicing in a jurisdiction where they are not licensed. The digest c ..read more
California Legal Ethics
3y ago
Malek Media Group v. AXQG Corporation, Second App. Dist., Div. 3, case no. B299743, filed 12/16/20. Plaintiff and defendant formed Foxtail LLC to produce a film. The relationship dissolved in acrimony, including allegations that MMG's principal Malek had sent sexually explicit messages to a prosp ..read more