1. When a California lawyer’s web site provides
information to the public concerning a lawyer’s availability for professional
employment, that lawyer is making a “communication” for purposes of CRPC
1-400(A).
2. A California lawyer’s internet “communication” is
regulated under CRPC 1-400 less rigorously than communications made by the lawyer in
print, audio or visual format.
3. A web site “communication” made by a California lawyer
must be truthful and not misleading, but need not comply with all CRPC 1-400 Standards.
4. California lawyers’ web sites are regulated under Bus. &
Prof. Code §§6157-6158.
5. Business & Professions Code §§6157-6158 contain identical
advertising standards to those found in CRPC 1-400.
6. A California lawyer must retain for three years a true and correct
copy or recording of any communication made by written or electronic media.
7. California lawyers can be exposed to civil damages for deceptive
advertising.
8. A non-lawyer bears the burden to prove the existence of an
attorney-client relationship, but can make a prima facie case by showing that confidences
were given to, or advice was received from, the lawyer.
9. CRPC 3-110 (Failing to Act Competently) expressly requires a
California lawyer to possess computer skills.
10. A lawyer need not be as careful in drafting e-mail messages as
with other written communications, because e-mails are discarded by recipients shortly
after receipt.
11. There is no CRPC that expressly requires California lawyers to
encrypt their e-mail communications.
12. A California lawyer has a duty to “maintain inviolate the
confidence, and at every peril to himself or herself to preserve the secrets, of his or
her client.”
13. A California a lawyer is prohibited from entering into an
agreement for, charging or collecting an unconscionable fee for legal services.
14. A lawyer’s “value billing” of a client is
generally based upon the time spent on the client’s matter by the lawyer.
15. There are eight conscionabilty factors set forth in the
California Rules of Professional Conduct.
16. A California lawyer is prohibited from aiding or abetting the
unauthorized practice of law
17. A California lawyer need not conform to the professional
standards of an attorney with regard to non-legal professional services that the lawyer
provides to a client in conjunction with legal services.
18. California lawyers may not form law partnerships with
non-lawyers.
19. California lawyers are expressly permitted to share legal fees
with non-lawyers in a multidisciplinary practice.
20. A California lawyer must always adhere to the California rules
when practicing in another state.
CERTIFICATION
 This activity has been approved
for Minimum Continuing Legal Education credit by the State Bar of California in the amount
of 1 hour, of which 1 hour will apply to legal ethics.
The State Bar of California
certifies that this activity conforms to the standards for approved education activities
prescribed by the rules and regulations of the State Bar of California governing minimum
continuing legal education. |
