Tag Archives: lawyer duty
Who Has a Fiduciary Duty Under California Law?
WHEN DOES A FIDUCIARY DUTY ARISE? Fiduciary relationships arise in several situations, including attorney-client relationships and the relationship between a trustee and a trust/beneficiaries. Generally speaking, fiduciary relationships involve confidentiality, trust, integrity, and a situation where a beneficiary is relying on the expertise, special skills, and/or integrity of someone else. However, a fiduciary duty… Read More »
Can Lawyers Lie to the Court?
Short answer: NO. LAWYERS HAVE A “DUTY OF CANDOR” TO COURTS AND OTHER TRIBUNALS When a lawyer represents a client in front of a “tribunal” (which includes not only litigation in a trial court or on appeal, but arbitration and other formal dispute resolution proceedings also) the lawyer cannot: Knowingly lie, or make false… Read More »
Lawyers Have a Duty to Tell the Truth
LAWYERS HAVE A DUTY TO “EMPLOY MEANS CONSISTENT WITH THE TRUTH.” There are so many jokes about lawyers being dishonest that it surprises many people to learn that lawyers have a duty to tell the truth. California Business & Professions Code Section 6068, which establishes (some) of the duties of lawyers, says that every… Read More »
Do Lawyers Have to Obey the Law?
LAWYERS HAVE A LEGAL AND ETHICAL DUTY TO OBEY THE LAW As a general rule, everyone has a duty to obey the law (with the caveat that civil disobedience is a lengthy topic for a different day) – including lawyers. Despite the old joke that asks “How can you tell when lawyers are  lying?”… Read More »
