Tag Archives: lawyers
When Does a Lawyer Have a Conflict of Interest?
As we discussed in a previous post, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the lawyer owes a specific type of legal duty…. Read More »
What is a Legal Conflict of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of lawyers and legal relationships, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the… Read More »
Can A Lawyer Help Me Break the Law?
NO. Lawyers have an ethical obligation to represent a client zealously, and to provide legal advice to clients on a variety of matters, including the client’s ability to engage (or not to engage) in certain kinds of actions and behaviors. However, lawyers are not allowed to “help” a client break the law. Let’s take… Read More »
When and How Does the Attorney-Client Relationship End?
An attorney-client relationship lasts until (a) terminated by the client, the attorney, or both, or (b) the purpose of the representation has been fulfilled (or cannot be fulfilled, as a matter of law). Lawyers have a legal obligation to complete the matters for which a client hired them, unless the attorney-client relationship is terminated… Read More »
Does My Lawyer Represent Me For All Purposes?
WHAT IS THE “SCOPE” OF THE ATTORNEY-CLIENT RELATIONSHIP? The “scope of representation” is a term that refers to the matter or matters for which a lawyer represents a client. The “scope of representation” is established: At the time the client hires/retains the lawyer At a later time, if the attorney and client agree to… Read More »
What is Legal Malpractice?
WHAT IS “LEGAL MALPRACTICE”? The term “legal malpractice” refers to the professional negligence of an attorney within an attorney-client relationship. Less formally, “legal malpractice” occurs when an attorney acts negligently in the course of representing a client. It is a form of negligence, which is a tort (a “civil wrong”). Strictly speaking, legal malpractice is… Read More »
Rules Governing Out of State Counsel in California Arbitration Proceedings
WHAT LAW GOVERNS OUT OF STATE COUNSEL IN CALIFORNIA ARBITRATION? Licensed California attorneys can represent clients in California courts and arbitration proceedings which take place in California. However, attorneys licensed in other jurisdictions (and not also licensed in California) do not have an automatic right to represent their clients in California proceedings–including arbitration. However,… Read More »
What is “Pro Hac Vice” Admission, and Why is it Important?
WHAT IS PRO HAC VICE ADMISSION? The Latin phrase pro hac vice means “for this occasion only.” In the practice of law, the phrase refers to the practice of a lawyer who is not admitted to practice in a certain jurisdiction (but who is licensed in another jurisdiction) being permitted to participate as counsel in a single, specific… Read More »
Does a Business Owe a Duty of Care to Customers?
“PUBLIC” BUSINESSES OWE A DUTY OF CARE TO PERSONS WHO ENTER When a business is open to the public, the owners of the business owe a duty of reasonable, ordinary care to the people who enter the business premises. The business owner must take reasonable steps to prevent customers being exposed to hazards or… Read More »
Landlords Have a Duty to Inspect Rental Properties
LANDLORDS MUST KEEP RENTAL PROPERTY IN REASONABLY SAFE CONDITION In California, landlords have a legally-recognized duty to keep rental property “reasonably safe.” This duty is owed to tenants and to other people (“third parties”) who enter the land or rental units for various reasons. This means a landlord may be held legally liable for… Read More »
