Common Ethics Pitfalls in Referral Networks

Referral networks are everywhere—from Bar association panels to informal coffee groups to full-blown lead generation services. But many lawyers don’t realize that participating in these networks can...

Handling Former Client Files and Retention Policies

Lawyers often forget that your duty to a client doesn’t end when the representation does. State Bar recommends that California lawyers are required to retain a client’s file for a minimum of five...

Ethics of Advertising and Client Testimonials in California

In the digital age, legal marketing is a minefield. Your website, your Yelp profile, your LinkedIn posts—they all fall under the rules of professional conduct. And nowhere is that more delicate than...

Flat Fees vs. Retainers: Ethics and Client Expectations

Flat fees are attractive to both lawyers and clients—simple, predictable, and easy to budget. But in California, the ethics rules draw critical distinctions between a true flat fee, a retainer, and an...

Ethics of Withdrawing from Representation in Difficult Cases

One of the most sensitive decisions a lawyer can make is whether to withdraw from a case. It often arises when the client becomes uncooperative, stops paying, insists on unethical conduct, or simply...

Trust Account Management and Common Mistakes

Nothing triggers a State Bar audit faster than mishandling your client trust account. For solo and small firm lawyers, the trust account (IOLTA) is often the most neglected part of their practice...

Conflicts of Interest in Solo & Small Firms

Many solo & small firm lawyers think conflicts of interest are a “big firm” problem. They’re not. In fact, small firms are often more vulnerable because they lack the institutional checks and...

The Pitfalls of Sharing Fees Without a Written Agreement

Fee-sharing among lawyers can be mutually beneficial. It’s a long-standing tradition in the legal profession—one lawyer refers a client, another lawyer does the heavy lifting, and they split the...

Rule 8.3—Mandatory Reporting for California Lawyers (“Snitch Rule”)

On August 1, 2023, Rule 8.3 of the California Rules of Professional Conduct became effective —a landmark moment that brought our state into alignment with the overwhelming majority of U.S...