The document discusses the disciplinary process for attorneys in California. It begins with an overview of how complaints are investigated and may lead to charges and a trial in the State Bar Court. It then covers sources of complaints, reasons for a rise in complaints in 2009-2010, ways for attorneys to protect themselves in retainer agreements, rules regarding fees and referrals, duties and reporting requirements for attorneys, and examples of attorney misconduct cases.
On Wednesday, April 4, 2018, Jason Beehler, and Jon Coughlan of Kegler Brown's Professional Responsibility practice area presented alongside panelists Alvin Mathews, Partner, James E. Arnold & Associates, LPA and Don Scheetz, Assistant Disciplinary Counsel, Office of Disciplinary Counsel for the Supreme Court of Ohio at Capital Law School for their Professionalism Week.
Published September 2012 in The ESOP Association's ESOP Report
Steve Greenapple addresses breach of fiduciary duty and federal common law fraud by participants who transferred their 401(k) account balances to an ESOP, against the sponsor of the Plans, fiduciaries of the Plans and the ESOP's financial advisor.
Because of Evidence of a "Special Relationship" Between Insureds and Their Br...NationalUnderwriter
Because of Evidence of a "Special Relationship" Between Insureds and Their Broker, Insureds' Suit Against Broker Should Not Have Been Dismissed, NY's Highest Court Holds
New York’s highest court, the New York Court of Appeals, has ruled that sufficient evidence of a “special relationship” existed between insureds and their insurance broker such that a negligence lawsuit brought by the insureds against their broker should not have been dismissed at the summary judgment stage.
On Wednesday, April 4, 2018, Jason Beehler, and Jon Coughlan of Kegler Brown's Professional Responsibility practice area presented alongside panelists Alvin Mathews, Partner, James E. Arnold & Associates, LPA and Don Scheetz, Assistant Disciplinary Counsel, Office of Disciplinary Counsel for the Supreme Court of Ohio at Capital Law School for their Professionalism Week.
Published September 2012 in The ESOP Association's ESOP Report
Steve Greenapple addresses breach of fiduciary duty and federal common law fraud by participants who transferred their 401(k) account balances to an ESOP, against the sponsor of the Plans, fiduciaries of the Plans and the ESOP's financial advisor.
Because of Evidence of a "Special Relationship" Between Insureds and Their Br...NationalUnderwriter
Because of Evidence of a "Special Relationship" Between Insureds and Their Broker, Insureds' Suit Against Broker Should Not Have Been Dismissed, NY's Highest Court Holds
New York’s highest court, the New York Court of Appeals, has ruled that sufficient evidence of a “special relationship” existed between insureds and their insurance broker such that a negligence lawsuit brought by the insureds against their broker should not have been dismissed at the summary judgment stage.
Trial Strategy: When Will a U.S. Court Assert Jurisdiction Over a Foreign In...NationalUnderwriter
The globalization of commerce is leading to more and more situations where a U.S. company is insured by an overseas insurance carrier. What does it take for a policyholder to be able to sue a foreign insurer in a U.S. court? A recent decision by a federal district court in Washington illustrates the analysis that courts undertake to determine whether a foreign carrier is subject to their jurisdiction.
License Check - Check the License of Professionals Before You Hire ThemChristopher Bartol
The importance of performing a license check on professionals before becoming a patient or client can not be overstated. Numerous horror stories exist in which people have suffered loss of health, well-being and financial security at the hands of unlicensed professionals.
Agni's Shoot Up Contest-Sapling Distribution@Vilupuramagnifoundation
Agni’s Shoot Up Contest-2015
The selfie for Shoot up contest' 15 Agni foundation has started its Shoot up concert. It is one of the endeavour towards greening the globe by planting saplings. This innovative program is an integral part of project Echo we here posted a selfie contest. To know more visit:http://www.agnifoundation.org
Trial Strategy: When Will a U.S. Court Assert Jurisdiction Over a Foreign In...NationalUnderwriter
The globalization of commerce is leading to more and more situations where a U.S. company is insured by an overseas insurance carrier. What does it take for a policyholder to be able to sue a foreign insurer in a U.S. court? A recent decision by a federal district court in Washington illustrates the analysis that courts undertake to determine whether a foreign carrier is subject to their jurisdiction.
License Check - Check the License of Professionals Before You Hire ThemChristopher Bartol
The importance of performing a license check on professionals before becoming a patient or client can not be overstated. Numerous horror stories exist in which people have suffered loss of health, well-being and financial security at the hands of unlicensed professionals.
Agni's Shoot Up Contest-Sapling Distribution@Vilupuramagnifoundation
Agni’s Shoot Up Contest-2015
The selfie for Shoot up contest' 15 Agni foundation has started its Shoot up concert. It is one of the endeavour towards greening the globe by planting saplings. This innovative program is an integral part of project Echo we here posted a selfie contest. To know more visit:http://www.agnifoundation.org
Historias del Romanticismo, VI: el Romanticismo en Hispanoamérica. Cultura y ...Museo del Romanticismo
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Create a digital product and make profit!Bán Markus
Start creating a digital product and make profit, today. Tomorrow you'll be glad you did it. Never give up on a dream because of the time it will take to accomplish it. The time will pass anyway!
En este ciclo de charlas "¿Y después, qué?" (octubre-diciembre 2015) del Museo del Romanticismo, se analizan los movimientos pictóricos del siglo XIX posteriores al Romanticismo, y que heredaron en menor o menor medida su influencia. Esta tercera presentación versa sobre el pintor Claude Monet, máximo representante del Impresionismo
Dalam manajemen kontrol suku cadang merupakan salah satu faktor penting. Ada beberapa sistem dalam kontrol suku cadang, salah satunya yaitu FIFO (First In First Out).
Dealing With Clients In Financial DistressArthur Howe
This presentation identifies issues that law firms and lawyers should consider when dealing with clients in financial distress. It is focused on Illinois law.
This presentation does not create an attorney-client relationship or provide legal advice. It may be deemed to be “Advertising Material.”
BoyarMiller – Navigating Your Company through Spoliation Claims and Strategie...BoyarMiller
A Penny Saved is a Penny Earned:
Navigating Your Company through Spoliation Claims and Strategies to Maximize Recovering Attorneys’ Fees
presented by:
Chris Hanslik, Craig Dillard & Matt Veech
Did you know that 1 in 5 Chief Legal Officer pay only flat fees to law firms for litigation work?
Law firms working for businesses are finding themselves dealing with at least 7 new types of fees – from blended rates and conditional fees to damages-based agreements. Clients in family law matters are now looking for unbundled plans and income-based sliding fees.
Law firms need to understand these new fee structures and their impact on a firm’s ability to represent clients.
In this free, 1-hour Clio webinar, learn what you need to know to successfully add contingency fees and alternative fee billing into your law firm, including:
- Lessons learned from practice areas that have shifted to alternative fees
- Ethic rules surrounding contingency fees and alternative fee structures
- Resources for implementing alternative fees in your firm
LEGAL ETHICS – BEST PRACTICES 2022 - How to Avoid Malpractice & Disciplinary ...Financial Poise
This webinar presents basic practice pointers to avoid malpractice and disciplinary actions, and how to respond to claims of malpractice or unethical behavior if they arise. The panel also discusses the role that malpractice insurance plays in these situations and the ramifications of a malpractice judgment or disciplinary action. Model Rules addressed may include: those that govern the client-lawyer relationship (Rules 1.1 through 1.10; 1.13; and 1.16); those that that speak to transactions with persons other than clients (Rules 4.1 through 4.4); those that govern the responsibilities of managing and supervisory lawyers, subordinate lawyers, non-lawyer assistance, independence, unauthorized practice of law, and multijurisdictional practice (Rules 5.1 through 5.5); and those that govern communication, including advertising and solicitation of clients (Rules 7.1 through 7.5).
Part of the webinar series: LEGAL ETHICS – BEST PRACTICES 2022
See more at https://www.financialpoise.com/webinars/
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Defining Terms in an Insurance Policy Exclusion: What the "Eight Corners" Rule Does Not Require by Kelly M. Lippincott and Katherine C. Ondeck (from FC&S Legal: The Insurance Coverage Law Information Center)
In Carlyle Investment Management, LLC v. Ace American Ins. Co.,[1] the District of Columbia Superior Court held that when an insurance contract’s definitions of relevant terms brings a claim within the scope of an exclusion within the
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This White Paper is written by Paul J. Smith, AIF and Gary Sutherland, CIC, MLIS from NAPLIA.
The paper discusses E&O Coverages basic procedures and how the industry has arrived at this point.
Similar to Staying Out of Trouble (with the California State Bar) 2016 (20)
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
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Staying Out of Trouble (with the California State Bar) 2016
1. Century Law Group LLP
Edward O. Lear, Esq.
State Bar defense
Legal malpractice
expert witness
Ethics consultations
Professional licensing
defense
(doctors, accountants,
realtors, insurance brokers,
etc.)
www.CalStateBarDefense.com
Fee disputes
2. State Bar of California:
Overview of Disciplinary Process
Inquiries
• Closed
• Investigation
Investigation/Trial Unit
• Close
• Other resolution
• File Notice of Disciplinary Charges
Trial at State Bar Court of California
3. State Bar Court System
California Supreme Court
• May review State Bar Court decisions
Review Department
•Appellate level
• Consists of presidingjudgeand 2 otherreviewjudges
Hearing Department
• Trial level
• Composed of 5 full-time judicial positions split
between LA & San Francisco
4. Sources of Complaints
• A client
www.CalStateBarDefense.com
• The court
• Opposing counsel
• Members of the public
o Including estranged spouses
• The State Bar itself
o Usually through news reports
• Conviction referrals
6. Retainer Agreements: You Can
Protect Yourself
www.CalStateBarDefense.com
I.e.: Client wants 20 depositions
and/or defendant is judgment proof
Client’s demands
vs.
Attorney’s cost obligations
7. www.CalStateBarDefense.com
Excerpt from Retainer:
“shall” vs “may”
may
“Firm shall advance and then be
reimbursed all outstanding costs
and litigation expenses incurred by
the Firm in connection with legal
services performed under this
Agreement.”
8. Rules of Professional Conduct
Rule 3-700 (A)(2)
www.CalStateBarDefense.com
Rule 3-700 (A)(2) A member shall not withdraw
from employment until the member has taken
reasonable steps to avoid reasonably
foreseeable prejudice to the rights of the
client, including giving due notice to the client,
allowing time for employment of other counsel,
complying with rule 3-700(D), and complying
with applicable laws and rules.
9. www.CalStateBarDefense.com
Recovery is limited to quantum meruit –
the reasonable value of services.
(See, Fracasse v. Brent)
Fee Disputes
If early in the process:
If contingency representation ends
before case is resolved, can you still
collect fees?
10. www.CalStateBarDefense.com
Entire fee may be the reasonable value of
attorney’s services.
(See, Fracasse v. Brent)
Fee Disputes
If late in process:
(i.e., discharged “on the courthouse steps”)
If contingency representation ends
before case is resolved, can you still
collect fees?
11. (B) Unconscionability of a fee shall be
determined on the basis of all the facts and
circumstances existing at the time the
agreement is entered into except where the
parties contemplate that the fee will be
affected by later events…
www.CalStateBarDefense.com
Rules of Professional Conduct
Rule 4-200 Fees for Legal Services
12. www.CalStateBarDefense.com
(1) The amount of the fee in proportion to the
value of the services performed.
(2) The relative sophistication of the member and
the client.
RPC 4-200(B) Factors in determining
“conscionability of a fee”
(3) The novelty and difficulty of the questions
involved and the skill requisite to perform the legal
service properly.
13. www.CalStateBarDefense.com
(4) The likelihood, if apparent to the client, that the
acceptance of the particular employment will
preclude other employment by the member.
(5) The amount involved and the results obtained.
RPC 4-200(B) Factors in determining
“conscionability of a fee”
14. www.CalStateBarDefense.com
(7) The nature and length of the professional
relationship with the client.
(8) The experience, reputation, and ability of the
member or members performing the services.
(6) The time limitations imposed by the client or by
the circumstances.
RPC 4-200(B) Factors in determining
“conscionability of a fee”
15. www.CalStateBarDefense.com
(10) The time and labor required.
(11) The informed consent of the client to the fee.
(9) Whether the fee is fixed or contingent.
RPC 4-200(B) Factors in determining
“conscionability of a fee”
16. How do you ensure referral fee
agreement is enforceable?
www.CalStateBarDefense.com
Get your name in the retainer
agreement between new attorney
and client.
Rule 2-200 of California Rules of
Professional Conduct
Referral Fee
17. (A) A member shall not divide a fee for legal services with
a lawyer who is not a partner of, associate of, or
shareholder with the member unless:
www.CalStateBarDefense.com
(1) The client has consented in writing thereto after full
disclosure in writing that a division of fees will be made
and the terms of such division; and
Rule 2-200 of California Rules of
Professional Conduct
(2) The total fee charged by all lawyers is not increased
solely by reason of the provision for division of fees and is
not unconscionable as that term is defined in rule 4-200.
18. Selected Duties of an Attorney
Business and Professions Code § 6068
(a) To support the Constitution and
laws of the U.S. and of this State.
www.CalStateBarDefense.com
(b) To maintain the respect due to the
courts of justice and judicial officers.
19. (c) To counsel or maintain those actions,
proceedings, or defenses only as
appear to him or her legal or just, except
the defense of a person charged with a
public offense.
www.CalStateBarDefense.com
(e) To maintain the confidence…of
his or her client.
Selected Duties of an Attorney
Business and Professions Code § 6068
20. www.CalStateBarDefense.com
(i) To cooperate and participate in
any disciplinary investigation or other
regulatory disciplinary proceeding
pending against himself or herself.
Selected Duties of an Attorney
Business and Professions Code § 6068
21. (m) To respond promptly to reasonable
status inquiries of clients and to keep
clients reasonably informed...
www.CalStateBarDefense.com
Selected Duties of an Attorney
Business and Professions Code § 6068
Return your client’s phone calls and emails!
22. Affirmative Duties of an Attorney
Business and Professions Code § 6068
www.CalStateBarDefense.com
(1) The filing of 3 or more malpractice suits
against an attorney in 12 month period.
(2) Entry of judgment against an attorney for
fraud, misrepresentation, breach of fiduciary
duty, or gross negligence in a professional
capacity.
(o)To report in writing, within 30 days, any of the following:
23. www.CalStateBarDefense.com
(3) Imposition of judicial sanctions against an
attorney, except for sanctions for failure to
make discovery or monetary sanctions of less
than $1,000.
(4) The bringing of an indictment or information
charging a felony against the attorney.
Affirmative Duties of an Attorney
Business and Professions Code § 6068
(o)To report in writing, within 30 days, any of the following:
24. www.CalStateBarDefense.com
(5) Conviction of the attorney of:
• a felony
• a misdemeanor
• associated with practice of law, or
• where client was a victim, or
• a necessary element of which involves improper
conduct of an attorney including dishonesty or other
moral turpitude
• an attempt or a conspiracy or solicitation of another
to commit a felony or a misdemeanor of that type.
Affirmative Duties of an Attorney
Business and Professions Code § 6068
(o)To report in writing, within 30 days, any of the following:
25. www.CalStateBarDefense.com
(6) Imposition of discipline against attorney by a
professional occupational disciplinary agency.
(7) Reversal of judgment in a proceeding based in
whole or in part upon misconduct, grossly
incompetent representation, or willful
misrepresentation by an attorney.
Affirmative Duties of an Attorney
Business and Professions Code § 6068
(o)To report in writing, within 30 days, any of the following:
26. www.CalStateBarDefense.com
Martinez
v.
State of California, Department of Transportation
(Cal.App. 4th Dist. June 12, 2015)
• Martinez sued Caltrans over motorcycle accident.
• Jury returned verdict for Defendant Caltrans.
• Appeals Court reversed judgment based on
“egregious attorney misconduct” by Defense Counsel.
• Violated judge’s in limine orders
• Repeated questions after judge sustained
objections to them.
27. www.CalStateBarDefense.com
A Civil Action
Paramount Pictures, 1998
Synopsis: Jan Schlichtmann (John Travolta)
is a personal injury attorney, representing
alleged victims of chemical pollution of a
river. The defendants are two deep-pocketed
factory operators, represented by two huge
Boston law firms.
31. Century Law Group LLP
Edward O. Lear, Esq.
State Bar defense
Legal malpractice
expert witness
Ethics consultations
Professional licensing
defense
(doctors, accountants,
realtors, insurance brokers,
etc.)
www.CalStateBarDefense.com
Fee disputes