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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 create ethics violations if you’re not careful. Rule 7.2 prohibits paying for referrals—unless the arrangement is disclosed and complies with strict guidelines. For example: You can’t give cash, […]

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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 years after the representation concludes—unless the client authorizes earlier destruction. This obligation includes: Pleadings Correspondence Settlement agreements Critical evidence Billing statements Any

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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 in client testimonials. Rule 7.1 prohibits false or misleading statements about your services. That includes omissions. If a glowing client on your website

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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 advance. Mixing them up can lead to serious ethical consequences, especially if a dispute arises or the representation ends early. Let’s define the

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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 breaks down the working relationship. But in California, withdrawing from representation isn’t just a business decision—it’s an ethical one, governed by Rule

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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 resulting fee. Sounds fair, right? But in California, without a proper written agreement, that arrangement can become an ethics violation—or worse, lead to disciplinary action or

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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. jurisdictions. For years, California stood alone in not requiring lawyers to report serious misconduct by other lawyers. Now that’s changed. As someone who regularly advises

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