Ethics Articles Los Angeles County Bar Association Professional Responsibility and Ethics Committee Attorney Billing Statements Revisited: the California Supreme Court Creates More Uncertainty over Attorney-Client Privilege Than It Resolves By Robert K. Sall LACBA Update, February 2017 Walking the Tightrope: What to do When Your Client Lies During Deposition By Diana K. Rodgers, Esq. LACBA Update, January 2017 How to Withdraw From a Superior Court Civil Case By James I. Ham, Esq. LACBA Update, December 2016 When is Production of a Privileged Document Inadvertent? By Robert K. Sall LACBA Update, November 2016 So You Think If It's Public It's OK? By Diane Karpman LACBA Update, October 2016 To Copy or Not to Copy: That is the Question By David L. Brandon LACBA Update, September 2016 Preserving Former Clients' Confidentiality in Successive Representation of Clients with Conflicts of Interest By Gayle Eskridge LACBA Update, August 2016 Ethical Billing of Attorneys Fees By Carole J. Buckner LACBA Update, July 2016 An Attorneys Duties and Options When Faced with a Diminished Client: Change On the Horizon By Brandon N. Krueger LACBA Update, June 2016 Your Arbitration is a Terrible Thing to Waste By James Arden LACBA Update, May 2016 Open-Ended Attorney-Client Relationships: A Potential Concurrent Representation Pitfall By Rashida Adams LACBA Update, April 2016 Attorneys' Fee Lien Enforcement Traps By David R. Krause-Leemon LACBA Update, March 2016 What Rights Does an Insurer Have against Cumis Counsel? By Joel A. Osman and Melissa M. Kurata LACBA Update, February 2016 Ethical Roadmap to the New Legal Marketplace By Teresa J. Schmid LACBA Update, January 2016 Penalty Called on Zealous Advocacy By John W. Amberg LACBA Update, November/December 2015 You're Outta Here! Avoiding Disqualification When Representing Small Organizational Clients By Ellen A. Pansky LACBA Update, November/December 2015 Attorney Billing Statements: Are They Privileged or Not? By Robert K. Sall LACBA Update, October 2015 Attorneys in Quasi-Judicial Appointments and Social Media Malfunctions By Lisa Miller LACBA Update, September 2015 Avoiding the Unauthorized Practice of Law By Carole J. Buckner LACBA Update, August 2015 Code of Judicial Ethics Canon 3D(2)—What Attorneys Need to Know By Rashida Adams LACBA Update, July 2015 Malpractice Action by One Client Destroys Attorney-Client Privilege of Jointly Represented Client By Gayle Eskridge LACBA Update, June 2015 When Silence Isn’t Golden: Misleading a Court by Omission By Evan A. Jenness LACBA Update, May 2015 Attorneys Have a Duty to Adequately Communicate with Their Clients—No Excuses! By Gayle Eskridge LACBA Update, April 2015 Concurrent Representation of Bankruptcy Debtor and Creditor May Be Permissible in Limited Situations By David L. Brandon LACBA Update, March 2015 California Recognizes the In-Firm Attorney-Client Privilege By Wendy Wen Yun Chang LACBA Update, February 2015 Red Flags: Inquiring Further into the Veracity of a Client’s Story By Andrew M. Vogel LACBA Update, January 2015 Legal Ethics and Cloud Computing By Carole J. Buckner LACBA Update, December 2014 Attorney’s Duty in Releasing Former Client’s File By Gayle Eskridge and Kymiya St. Pierre LACBA Update, November 2014 LinkedIn for Lawyers: Benefits and Burdens By Lisa Clare L. Miller and Teresa J. Schmid LACBA Update, October 2014 Are Communications between a Law Firm’s Lawyers and In-House Counsel regarding Actual or Potential Conflicts of Interests with a Client Protected by the Attorney-Client Privilege? By David B. Parker and Jason J. Rudolph LACBA Update, September 2014 Marketing Legal Services Ethically By John W. Amberg LACBA Update, August 2014 Is a Prospective Client Entitled to Attorney Work Product Developed in the Course of Deciding Whether to Accept the Engagement? By Joel A. Osman and Kevin Mohr LACBA Update, July 2014 The Lawyer-Client Privilege, Waiver, and "Common Interest" Doctrine: Seahaus La Jolla Owners Association v. Superior Court By Kevin Mohr LACBA Update, June 2014 COPRAC and PREC Opinions on Attorneys' Use of Technology Lead the Way By Diana K. Rodgers LACBA Update, May 2014 Beware of Strangers Bearing Gifts: The Perils of Purloined or Privileged Evidence By Robert K. Sall LACBA Update, April 2014 Settlement Agreement Provisions That Purport to Restrict an Attorney's Right to Practice Law By Gayle Eskridge LACBA Update, March 2014 What Can Non-Admitted Attorneys Do in California without Violating the State Bar Act? By Joan Mack LACBA Update, February 2014 Sending Contractual Notice to a Represented Party: Prudent Practice or Ethically Prohibited? By David L. Brandon LACBA Update, January 2014 Legal Ethics and Online Lawyer Referral Services By Carole J. Buckner LACBA Update, December 2013 Death of a Sole Practitioner: Planning for the Event and Administering the Aftermath By Gayle Eskridge LACBA Update, November 2013 Should California Lawyers Have a Duty of "Compu-tence"? By Andrew M. Vogel LACBA Update, October 2013 Border Searches versus Clients' Confidential Information: The Ninth Circuit's Cotterman Analysis and Counsel Entering the United States with Mobile Devices By Lisa Miller LACBA Update, September 2013 Tips for Ethically Navigating Withdrawal from Litigation By Diana K. Rodgers LACBA Update, August 2013 When Is It Ethical to Pay a Fact Witness? By John W. Amberg LACBA Update, July 2013 When (Over-) Zealous Advocacy Crosses the Line By Andrew M. Vogel LACBA Update, June 2013 Where to Turn with Questions on Legal Ethics By Joan Mack LACBA Update, May 2013 People v. Stender: Important Tool in the Anti-Fraud Arsenal or Danger to All Lawyers? By Clare Pastore LACBA Update, April 2013 Modern Problems: Are Attorneys Permitted to Respond to Derogatory Internet Postings by Former Clients? By Lisa Miller LACBA Update, March 2013 New Theories for Non-Clients to Seek Disqualification of Counsel By Robert K. Sall LACBA Update, February 2013 Revisiting E-Discovery By Richard D. Hoang LACBA Update, January 2013 Pre-Litigation Demand Letters: Assessing the Thin Line between Zealous Advocacy and Extortion By David B. Parker and David D. Yang LACBA Update, December 2012 How Limited Is Your Limited Scope Representation? By Wendy Wen Yun Chang LACBA Update, November 2012 Lawyer as Witness By Michael H. Strub Jr. LACBA Update, October 2012 Ethical Implications of Ghostwriting By Carole J. Buckner LACBA Update, September 2012 Unwaivable Conflicts of Interest By Kevin Mohr LACBA Update, August 2012 Marketing Legal Services with Group Coupons By Richard D. Hoang LACBA Update, June/July 2012 Revisiting the Enforcement of Arbitration Clauses By Robert K. Sall LACBA Update, May 2012 Written Disclosure Requirements: More Than a Technicality By Joan Mack LACBA Update, April 2012 Ethical Constraints on Subpoenaing Clients By Carole J. Buckner LACBA Update, March 2012 Ethical Rules Require Reasonable Care When Using Technology in the Practice of Law By Wendy Wen Yun Chang LACBA Update, February 2012 The Crossroads of Confidentiality and the Litigation Privilege By Robert K. Sall LACBA Update, January 2012 Appearance of Partiality Disclosures by Neutral Arbitrators By Judge Michael Marcus (ret.) LACBA Update, December 2011 Informed Consent to Aggregate Settlements under Proposed Rule 1.8.7 By John W. Amberg LACBA Update, November 2011 Understanding the Ethical Rule against Communication with a Represented Party or Person By Louisa Lau LACBA Update, October 2011 Resist Temptation: Reviewing Privileged Documents You Are Not Supposed to Have By Wendy Wen Yun Chang LACBA Update, September 2011 A Drafting Conundrum: Is It Permissible to Include a Provision for Binding Arbitration of a Fee Dispute in a Written Fee Agreement? By Joan Mack LACBA Update, August 2011 When Is It Ethical for Attorneys to Lie? By David B. Parker, William K. Mills, and Rosalyne A. Pak LACBA Update, June/July 2011 Ethical Informal Discovery of Social Media By Carole J. Buckner LACBA Update, May 2011 E-Mail and Attorney-Client Privilege: Cautionary Tales for Employee and Employer By Clare Pastore LACBA Update, April 2011 Planning for the Inevitable: Easing the Burden on Your Heirs in the Event of Your Death By David L. Brandon LACBA Update, March 2011 Discounting Your Fees: Is It an Ethical Violation? By Robert K. Sall LACBA Update, February 2011 Preserving the Attorney-Client Privilege for Communications with In-House Counsel By John W. Amberg LACBA Update, January 2011 Ethical Implications of "Of Counsel" Relationships By David B. Parker and Elliott Benjamin LACBA Update, December 2010 Don't Pass the Buck on Ethics in International IP Practice By Mark Scarsi LACBA Update, November 2010 Playing the Percentages: Is It Ethical? By Ellen Pansky LACBA Update, October 2010 Vicarious Disqualification of Private Law Offices By Louisa Lau LACBA Update, September 2010 Separate but Equally Important: Duties of Confidentiality and Loyalty By Lisa Miller and Robert Sainburg LACBA Update, August 2010 When Are Confidential Communications with a Law Firm's In-House Counsel Protected by the Attorney-Client Privilege? By Joan Mack and Matthew O'Brien LACBA Update, June/July 2010 An Attorney's Obligations in Mediation By Judge Michael D. Marcus (ret.) LACBA Update, May 2010 Show Me the Money (Trail): Keeping Up with the Dollars and Sense By Lisa Miller LACBA Update, April 2010 Hot Potatoes: The Perplexing Problem of Evidence of Crime By Evan A. Jenness LACBA Update, March 2010 Court Officers Protect Client Confidences? By James Ellis Arden LACBA Update, February 2010 A Flat Fee Future? By James Ham and Ellen Pansky LACBA Update, January 2010 Promoting Business under the Advertising Rules By Robert K. Sall LACBA Update, December 2009 Proper Use of Contingent Expert Contracts By David L. Brandon LACBA Update, November 2009 The California Pro Bono Stimulus Package By Mark C. Scarsi LACBA Update, October 2009 Caperton v. Massey Coal Co.: Floodgates Opening or Stating the Obvious? By Clare Pastore LACBA Update, September 2009 An Ethics Lesson from the Bush Justice Department By John W. Amberg LACBA Update, August 2009 Modifying Fee Agreements, or How I Learned to Stop Worrying and Love California Rule of Professional Conduct 3-300 By David B. Parker and Justin D. Denlinger LACBA Update, June/July 2009 Vicarious Disqualification of Public Law Offices By Louisa Lau LACBA Update, May 2009 Civility Guidelines in a Nutshell By Judge Michael D. Marcus (ret.) LACBA Update, April 2009 To Err Is Human—or Is It Moral Turpitude? By Ellen Pansky LACBA Update, March 2009 Ethical Challenges in the Use of Electronic List Service Communications By Lisa Claire Miller LACBA Update, February 2009 Resolutions for a New Year: Enjoying an Ethical and Profitable Law Practice By James I. Ham LACBA Update, January 2009 New Federal Rule of Evidence 502: Help Is on the Way By Clare Pastore LACBA Update, December 2008 The Screening Debate Continues By Robert K. Sall LACBA Update, November 2008 Who Do You Trust...with Client Trust Funds? By Joan Mack and Tina Wong LACBA Update, October 2008 Ethical Hazards and the Recordkeeping of Client Trust Accounts—Details Count! By Joel A. Osman LACBA Update, August 2008 Effect of Word Processing on Ethical Obligations When the Relationship Ends By David L. Brandon LACBA Update, June/July 2008 New Discovery Rules, Same "Old" Ethics Rules By Patrick Fraioli Jr. LACBA Update, May 2008 Proper Conflict Disclosures for Joint Clients By Robert K. Sall LACBA Update, April 2008 Beware of Opposing Counsel Bearing "Gifts" By David B. Parker and John W. Hurney LACBA Update, March 2008 10 Golden Rules for Successful (and Ethical) Law Practice By James I. Ham LACBA Update, February 2008 Do's and Don'ts: Ex Parte Contacts with the Judiciary By Hon. Michael D. Marcus (ret.) LACBA Update, January 2008 Staying Abreast of the Latest Technology Even If You Don't Use It By James Ellis Arden LACBA Update, December 2007 The Connection between Ethical Advocacy and a Lawyer's Integrity By Ellen A. Pansky LACBA Update, November 2007 The Ethics behind the Use of Staff Counsel By Joel A. Osman LACBA Update, September 2007 The Continuing Saga of the Application of Disqualification Rules to Public Lawyers By Louisa Lau LACBA Update, August 2007 Attorney-Client Intimacy: Too Hot to Handle? By Evan A. Jenness LACBA Update, June/July 2007 Attorney Self-Defense and the Duty of Confidentiality By David L. Brandon LACBA Update, May 2007 Attorney Liability for Reliance on Client Statements By Jeremiah Reynolds LACBA Update, April 2007 The Prosecutor, Recusal, and Issues before the California Supreme Court By Roderick W. Leonard LACBA Update, March 2007 Confidentiality at Risk from Wardriving in America By James Ellis Arden LACBA Update, February 2007 Breaking Up Is Hard to Do: Terminating the Attorney/Client Relationship By Ellen A. Pansky LACBA Update, January 2007 Hollywood Lesson on Cooperation vs. Conflict of Interest By Jeremiah Reynolds LACBA Update, December 2006 A Pocket Guide to Mediation Ethics: A Black Letter Summary of an Attorney's and a Mediator's Ethical Duties at a Mediation By Michael D. Marcus LACBA Update, November 2006 Advocacy Has Its Limits By David L. Brandon LACBA Update, October 2006 Ch-Ch-Ch-Ch-Changes: Longstanding Ethical Duties in the Context of Economically Driven Developments in the Legal Profession By Patrick A. Fraioli Jr. LACBA Update, September 2006 Supervising Outside Agents in a Blame-the-Lawyers World By Evan A. Jenness LACBA Update, August 2006 The Question of the Sophisticated Client By Joel A. Osman LACBA Update, June/July 2006 Conflicts and Firm Disqualification without Evidence of Shared Confidential Information By Roderick W. Leonard LACBA Update, May 2006 Attorney Solicitation of Legal Work in Business Settings By Hon. Samuel L. Bufford LACBA Update, April 2006 A Few Things to Remember about Notification and Reporting Requirements By Rebecca Meyer Rosenberg LACBA Update, March 2006 Are Attorneys Obligated to Monitor Their Client as a Parent Would Watch a Child? By Louisa Lau LACBA Update, February 2006 Who's Watching? Beware the Vulnerabilities of Communicating through Advanced Technology By David L. Brandon LACBA Update, January 2006 The Informed Consent Doctrine: What's Good for the Patient is Good for the Client By David B. Parker and Diana Tsudik LACBA Update, December 2005 Who's on First: When an Attorney's Former Client Serves as an Expert Witness By Kenneth C. Feldman LACBA Update, November 2005 Technology and the Challenge of Maintaining Client Confidences By Joel A. Osman LACBA Update, October 2005 Unauthorized Ex Parte Contact with a Represented "Party" By Roderick W. Leonard LACBA Update, September 2005 No Duty to Rat in California By Evan A. Jenness LACBA Update, August 2005 Saving the Attorney-Client Privilege By John W. Amberg LACBA Update, June/July 2005 The California Rules of Professional Conduct: The Good, the Bad, and the Utterly Confusing By David B. Parker and Nicholle Noyes LACBA Update, May 2005 The Ethics of Pro Bono By Toby J. Rothschild LACBA Update, April 2005 Mandatory Arbitration of Fee Disputes: Still No Definitive Answers By Jeffrey Tidus LACBA Update, March 2005 "Ethics" Often Determines Legal Duties to Non-Clients By Phillip Feldman LACBA Update, February 2005 A Lawyer's Nightmare: (In)excusable Neglect By Louisa Lau LACBA Update, January 2005 Attorneys' Continuing Duties to Court after Termination of Attorney-Client Relationship By Patrick A. Fraioli Jr. LACBA Update, December 2004 Borissoff: Attorney Duties Can Run to Third Party That Legislature Determines Assumes Rights, Powers of Original Client By David L. Brandon LACBA Update, November 2004 California Supreme Court Reiterates Risk of Attorney-Client Transaction Being Nixed By Joel D. Rubin LACBA Update, October 2004 Rojas: Writings Prepared for Mediation Are Confidential By Judge Michael Marcus (ret.) LACBA Update, September 2004 Disciplinary Deference: Ninth Circuit Defers to, Reciprocates California's Disbarment of Attorney Practicing before Federal Agency By Jeremy E. Pendrey LACBA Update, June/July 2004 Quantum Meruit Recovery of Attorney Fees: Work Performed under Fee Sharing Agreements Absent Client's Written Consent By Russell I. Glazer LACBA Update, May 2004 What on Earth's a Positional Conflict, and What'll They Think of Next? By R. Gerald Markle LACBA Update, April 2004 Getting Paid: Must a Lawyer's Charging Lien Be in Writing to Be Enforceable? By Jon L. Rewinski LACBA Update, March 2004 The Lawyer's Duty Redefined: In a Time of Perceived Crisis, to Whom Does the Lawyer Owe a Duty? By John W. Amberg LACBA Update, February 2004 Belated Fee Complaints: What to Do? By Ellen A. Pansky LACBA Update, January 2004 Client-Plaintiff in Legal Malpractice Action Entitled Only to Be Made Whole, Not a Windfall By Louisa Lau LACBA Update, December 2003 After Attorney Error: What Is the Duty to Assist the Former Client in Mitigating Consequences? By David B. Parker and Nancy L. Webster LACBA Update, November 2003 AB1101: An Attorney's Dilemma—To Tell or Not to Tell By Louisa Lau LACBA Update, October 2003 For Sarbanes-Oxley and Professional Responsibility Watchers...A Long, Hot Summer By Teresa Schmid LACBA Update, June/July 2003 "Irreconcilable Differences" Revisited By David E. Kenney LACBA Update, May 2003 Must Client Confidences Be Sacrificed to Achieve Economic Security? By Teresa Schmid LACBA Update, May 2003 Are Accounting Firms Still Practicing Law? By Teresa Schmid LACBA Update, April 2003 Square Peg in Round Hole? Application of Rule 3-310 to Public Attorneys By Louisa Lau LACBA Update, March 2003 The New Face of Professional Responsibility after the Sarbanes-Oxley Act By Teresa Schmid LACBA Update, February 2003 Secure Your Client's Written Consent...or Say Good Bye to Your Share of the Fees By Louisa Lau LACBA Update, January 2003 Rule Aficionados and ADR By Diane L. Karpman LACBA Update, December 2002 In Defense of David Westerfield's Attorneys By Terri Towery LACBA Update, November 2002 Stark Naked Referral Fees By Diane L. Karpman LACBA Update, October 2002 Sunrise, Sunset...or Termination Letters: Avoiding Former Client Conflicts By Diane L. Karpman LACBA Update, September 2002 Risky Behavior Aggravates Insurance Crisis By Diane L. Karpman LACBA Update, August 2002 Legal Consumers' Protection Act: A Solution in Search of a Problem? By Michael Tenenbaum LACBA Update, June/July 2002 Change and the Standard of Care By Diane L. Karpman LACBA Update, May 2002 Favors, Friends, and Family By Diane L. Karpman LACBA Update, April 2002 "Whoops" Revisited By Ira Spiro LACBA Update, March 2002 Confidentiality, Collaboration, and Lawyer Angst By Diane L. Karpman LACBA Update, February 2002 Don't Fight Substitution Out of a Client's Matter By Ellen A. Pansky LACBA Update, January 2002 CCP §128.7: An Illusory Deterrent By Paul D. Hesse LACBA Update, December 2001 Capital Punishment "Volunteers": What's Defense Counsel to Do? By Terri Towery LACBA Update, November 2001 Different Strokes... By Diane L. Karpman LACBA Update, October 2001 Knowing the Code: Wilful Conduct and Moral Turpitude By Diane L. Karpman LACBA Update, September 2001 Illuminating the Murky Area of Lawyer-to-Lawyer Consultations By Diane L. Karpman LACBA Update, August 2001 The Impact of New Technology on the Duty of Confidentiality By Jon L. Rewinski LACBA Update, June/July 2001 The Bench: Contact with Officials By Diane L. Karpman LACBA Update, May 2001 When You Have a Fool for a Client By John W. Amberg LACBA Update, April 2001 "Not a Hired Gun": Ethical Duties to Justice and the Courts By Ira Spiro and Diane L. Karpman LACBA Update, March 2001 Dissolution of a Law Firm By Diane L. Karpman LACBA Update, February 2001 Legal Ethics Law, Rules, and Commentary: Where to Look By Ira Spiro and Diane L. Karpman LACBA Update, January 2001 Ethics Are Coming! Ethics Are Coming! By Diane L. Karpman LACBA Update, December 2000 Good News for Ethical Walls and Screens By Ira Spiro LACBA Update, November 2000 Construction Project: Authorizing Ethical Walls in California By Ellen A. Pansky LACBA Update, April 2000 Understanding the Duty of Confidentiality By John W. Amberg LACBA Update, March 2000 WPS: Accidentally Placing Confidential Communications in the Wrong Hands By Ira Spiro LACBA Update, January 2000 Ethics Committee: Notable 83-Year History of Providing Guidance, Practical Advice to County Bar Members By H. Jay Ford III LACBA Update, December 1999 Dangerous Liaisons: Application of Conflicts Law to Attorneys Changing Firms By Stanley E. Goldich LACBA Update, November 1999 The Professional Responsibility and Ethics Committee will consider requests from LACBA members for formal opinions on ethics matters of general interest to the bar. The committee does not opine on matters of law or offer opinions for the benefit of particular clients or in response to matters presently in dispute. The committee may respond to written questions about ethical matters of general interest through a private informal letter or a published formal opinion. If you have an ethical question that you would like the committee to consider, mail your written inquiry to: Los Angeles County Bar Association, Professional Responsibility and Ethics Committee, P.O. Box 55020, Los Angeles, CA 90055-2020 or email your inquiry marked “Confidential” to firstname.lastname@example.org.