California

California's codes can be found at http://leginfo.ca.gov and click on "California Law"
California does not use the ABA Model Rules format, although they have been working on converting to that format for some years.
Cases in green can be found on www.plol.org
Click on the links.  If it is blue, it is a link.  Please report broken links.
This information is for educational purposes only. Do not rely on these cases as being the most recent cases. They are here to teach or illustrate a point of law only.
B&P Code = Business & Professions Code

 Rules of Conduct

Paralegal Regulation Confidentiality Conflicts of Interest Competence & Negligence
State Bar website

False statements re bar application Rule 1-200

Absolute right to fire an attorney=CCP 283-286

Who are lawyers? B&P 6002

Supreme Court's authority over lawyers State Constitution Article VI, Section 1

 

 B&P Code 6450

Hu v. Fang (in the text)

Rule 3-100

B&PCode 6068(e)

Even if the lawyer is not hired: People v. Gionis, 9 Cal.4th 1196, 40 Cal.Rptr.2d 456 (1995)

Includes matters of public record: Matter of Johnson, 4 Cal.State Bar Ct Rptr 179 (Review Dept. 2000)

What to do with other party's confidential info:

Duty lasts forever:  Stockton Theatres, Inc. v. Palermo, 121 Cal.App.2d 616, 264 P.2d 74 (1953)


Insurance claims 
Civil Code 2960

Find this on plol.org-a rather long (but interesting) case on insurance companies, conflict of interest, and why insurance company lawyers can represent insureds and not "aid in the unauthorized practice of law." Gafcon Inc. v. Ponsor & Associates (Cal.App. 2002)

Fascinating case on the (obvious) conflict created when one lawyer represents both parties to a contract (with an addition benefit of explaining "the best evidence rule"). If you are a Barry Bonds fan or want to know something about prenuptial agreements, this is a great case. Marriage of Bonds, 71 Cal.App.4th 290, 83 Cal.Rptr.2d 783 (1999) The court of Appeal's decision was overruled: 24 Cal.4th 1

The "case within a case" theory in transactional malpractice setting.  Viner v. Sweet, 92 Cal.App.4th 730, 112 Cal.Rptr. 426 (2002)

Duty owed to non-client in estate planning. Biakanja And Lucas Decisions revisited. Osornio v. Weingarten, 124 Cal.App.4th 304, 21 Cal.Rptr.3d 246 (2004)

UPL UPL Misrepresentation Attorney/Client Privilege Advertising/Solicitation Fair Fees
Rule 1-300

B&P Code 6124, 6125, 6126.3

Search for a 2008 LA City press release "L.A. CITY ATTORNEY ROCKY DELGADILLO FILES CRIMINAL CHARGES IN BANKRUPTCY SERVICES FRAUD"

Benninghoff v. Superior Court, 136 Cal.App.4th 61, 38 Cal.Rptr.3d 759 (2006)

Out of state lawyers
Birbrower, Montalbano, Condon & Frank v. Superior Court, 17 Cal.4th 119, 70 Cal.Rprt.2d 304 (1998)

CCP 1282.4

Rules of Court Rule 9.40 pro hac vice

Rules of Court Rule 9.42 Certified Law Students

Rules of Court Rule 9.44 Foreign Legal Consultants

Bankruptcy In re Bernales, 345 B.R. 206 (Bkrtcy. C.D. Cal 2006)

Bankruptcy 
11 USC 110 (e)

Immigration Consultants 
B&P Code 22440 et seq

Forming partnership with nonlawyer 
Rule 1-310

Fee splitting with nonlawyer 
Rule 1-320

 

Attorney lending name to nonlawyer
B&P Code 6105 and In the Matter of Bragg (Review Dept. 1997) 3 Cal.StateBarCt.Rptr. 615

Business card as UPL
In the Matter of Valinoti (Review Dept. 2002) 4 Cal.State Bar Ct.Rptr. 498

For a May 13, 2011 news article on fraudulent activity by a California paralegal, search "Local man sentenced in a loan fraud case"

Evidence Code 952

No waiver: OXY Resources v. Superior Court, 115 Cal.App.4th, 9 Cal.Rptr.3d 621 (2004)

Unexplainable case on confidentiality & privilege: People v. Dang, 93 Cal.App.4th 1293, 113 Cal.Rptr.2d 763 (2001)

STI Outdoor 
v. Superior Court, 91 Cal.App.4th 334, 109 Cal.Rptr.2d 865 (Cal.App. 2 Dist. 2001).
(privilege not limited to litigation-related communications.)

Rule 1-400

Runners/Cappers 
B&P Code 6152(a) and  6154(a)

Runners/Cappers in Workers Comp. 
Labor Code 3820

Unfair Trade Practices Act B&P Code 17000

 

Reporting overbilling Haney v. Aramark Uniform Services, ___ Cal. App. 4th ___, 15 Cal. Rptr. 3d 574 (2004)

Referral fees for lawyers Rule 2-200

Fee splitting: Chambers v. Kay, 29 Cal.4th 142, 126 Cal.Rptr.2d 536

Paying litigation costs (not champerty) Rule 4-210

Good discussion of lodestar: Bernardi v. County of Monterey (Cal.App. 9/30/2008)

Paralegal Fees Client Trust Accounts Intimate Relations with Clients Drug/Alcohol Abuse Pro Bono

Richlin v. Chertoff 2008 US Supreme Court recovery of paralegal fees

Perez v. Cate 632 F.3d 553, 557 (C.A.9 (Cal.),2011) Paralegal fees are subject to the same cap as attorneys fees

Sandahl v. Beverly Enterprises, 95 Cal.Rptr.2d 336 (2000) just skip down to the last part of the case where paralegal fees are discussed. In a case about $500,000 in legal fees, the losing party contests $1400 in paralegal fees. Go figure.

$50,000 to prepare the administrative record? Not! Hayward Area Planning v. City of Hayward, 128 Cal.App.4th 176, 26 Cal.Rptr.3d 783 (2005)

Trust Account School through the State Bar Rule 3-120

Relationship with other party's lawyer = Rule 3-320

For a good 2007 article from the Los Angeles Bar Association, search: "Attorney-Client Intimacy: Too Hot to Handle?"

Lawyer Assistance Program

Very cool video! Click here and then click on the link for the video

 

http://www.probono.net/ca/

State Bar

Court System

Public Counsel (the largest provider of pro bono legal services in the Universe)

Overly Zealous Conduct Misc. Reporting Misconduct Special Duties of the Prosecutor            .
A relatively long case, but a fascinating story involving a private investigator, stolen evidence, and Winnie the Pooh. The court issued "the ultimate sanction." Slesinger v. Walt Disney Corp., 155 Cal.App.4th 736, 66 Cal.Rptr.3d 268 (2007)

No tort liability for spoliation of evidence. Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 74 Cal.Rptr.2d 248;Temple Community Hospital v. Superior Court (1999) 20 Cal.4th 464, 84 Cal.Rptr.2d 852 

All California statutes = http://leginfo.ca.gov/

and click on "California Law"

 

 

 

California's law requires "self reporting" by lawyers = B&P Code 6068(o)

Matter of Riordan (2007)

The court will report B&P Code 6086.7

Insurance company will report B&P Code 6086.8

No self-reporting rule for paralegals

 

 

 

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