Ethics Traps
California Legal Ethics LawyersRepresenting Clients StatewideThere are many areas of the law that could pose potential ethical pitfalls to you or your clients. Loan Modification:Any attorney in this field can expect a State Bar investigation. We represent many attorneys already. Liens in Fee Agreements:Do you know when your lien must comply with the business transaction rules? Duties to Nonclients:California attorneys can have fiduciary duties to prospective clients, opposing parties, witnesses, or heirs of your clients. If a third party pays the bill, duties to the client and the payor can be complex. At Fishkin & Slatter LLP, we advise our clients on the nature and extent of these obligations. Joint Clients:When there is no conflict of interest, a conflict consent may create liability when none truly exists. But when there is no conflict, it is advisable to have a written consent to joint representation. Lateral Transfers:Attorneys from other states may be engaged in UPL - Unauthorized Practice of Law - while applying for a California license. Bad Faith AssignmentsWhen a plaintiff and defendant agree to pursue defendant's insurance carrier for bad faith, the ensuing relationship is complex. You are acquiring two clients with multiple conflicts of interest. Only some causes of action are assignable but all must be pursued at once. The conflict consent is going to be accompanied by two fee agreements. We've done this before; have you? The Law Changes DailyThere are over one hundred appellate court rulings every year which govern the work of California lawyers. We read the State Bar Court Reporter, the published decisions of the California Courts of Appeals, and the California Supreme Court. We also follow Federal cases that affect the practice of attorneys in California. The actions of attorneys can also be affected by published decisions of bankruptcy courts, Tax Court, and United State regulatory agencies. We make it our job to know the latest rulings, so we can get you the most up-to-date information possible. Contact Fishkin & Slatter, LLPLegal ethics often aren't about what is right and what is wrong as much as they are about deciding between two or more difficult options. We can help you understand what your choices are. Contact us today |

