1 / 20

CALIFORNIA CIVIL LITIGATION ETHICS IN LITIGATION

CALIFORNIA CIVIL LITIGATION ETHICS IN LITIGATION. ETHICS FOR ATTORNEYS. Rules of Professional Conduct. RULES OF PROFESSIONAL CONDUCT. Prohibit: Unauthorized practice of law Misleading advertising Solicitation. RULES OF PROFESSIONAL CONDUCT—. Govern: Relationships with other attorneys

lilly
Download Presentation

CALIFORNIA CIVIL LITIGATION ETHICS IN LITIGATION

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CALIFORNIACIVILLITIGATIONETHICS IN LITIGATION © 2005 by Thomson DelmarLearning. All Rights Reserved.

  2. ETHICS FOR ATTORNEYS Rules of Professional Conduct

  3. RULES OF PROFESSIONAL CONDUCT Prohibit: • Unauthorized practice of law • Misleading advertising • Solicitation

  4. RULES OF PROFESSIONAL CONDUCT— Govern: • Relationships with other attorneys • Relationships with clients • Representation • Advocacy

  5. UNAUTHORIZED PRACTICE OF LAW Attorneys may not: • Form law partnerships with non-lawyers • Aid non-lawyers in the practice of law • Share legal fees with non-lawyers

  6. ADVERTISING Attorneys may advertise if it is true and not misleading.

  7. SOLICITATION Attorneys may not solicit a prospective client who has no history with the firm.

  8. RELATIONSHIPS BETWEEN ATTORNEYS Attorneys may not communicate with represented parties. Attorneys may share fees with other attorneys.

  9. RELATIONSHIPS WITH CLIENTS An attorney must: • Communicate written settlement offers • Not contract to limit liability • Guard client confidences • Keep client informed

  10. REPRESENTATION Attorneys may not: • Threaten criminal action • Mislead the court • Influence a juror • Hide a witness

  11. TERMINATING CLIENTS • Client may terminate for any reason • Attorney must cooperate in transition • Withdrawal may be mandatory or voluntary

  12. CLIENT FUNDS Attorney may accept client trust deposits. Attorney may not commingle funds with client trust deposits.

  13. ADVOCACY Attorneys must be competent to handle the cases they accept. Attorneys may not accept unmeritorious cases.

  14. PARALEGAL RULES OF CONDUCT Business & Professions Code §§ 6450-6

  15. PARALEGALS DEFINED Qualified by combinations of: • Experience • Education • Training

  16. PARALEGAL SERVICES Paralegals must be employed and supervised by attorneys.

  17. CONTINUING EDUCATION LEGAL ETHICS: Four hours every three years GENERAL LEGAL EDUCATION: Four hours every two years CERTIFICATION: By supervising attorney

  18. PARALEGALS MAY NOT: • Negotiate an attorney’s fee • Appear for a client • Give legal advice

  19. SUCCESSFUL PARALEGALS: • Hold the client’s interest paramount • Adhere to the highest ethical standards • Provide the same quality work as attorneys

  20. SUMMARYParalegal/Attorney Ethics,Voluntary/Mandatory Standards PREVIEW Court System, Introduction to Pleadings

More Related