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 | ||||
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
|
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 Benninghoff v. Superior Court, 136 Cal.App.4th 61, 38 Cal.Rptr.3d 759 (2006) Out of state lawyers 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 Immigration Consultants Forming partnership with
nonlawyer Fee splitting with nonlawyer |
Attorney lending name to nonlawyer Business card as UPL 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). |
Rule 1-400
Runners/Cappers Runners/Cappers in Workers
Comp. 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 BarPublic 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
|
. | Please report broken links |