Sunday, February 15, 2009

Relying on Advice from Ethics Hotlines

On an appeal form the imposition of sanctions against an attorney for frivolous and bad faith actions, the Court of Appeal of California, Third District in Wallis v. PHL Assoc., considered the applicability of an opinion the attorney received from the State Bar ethics hotline. The atorney argued that the call demonstrated her good faith. The court rejected the reliance because (1) the lawyer did not disuss with the person at the hotline her duties with repect to the protective order and (2) "self-serving evidence of what was said in a confidential conversation with a persson at the ethics hotline is unconvincing." In any case, the court said, the call to the hotline was "weak" evidence of good faith since the eicis hotline is a "confidenial reserch service" and "not a source of legal advice."

Thursday, February 12, 2009

Bye Bye Billables, reprise

Even the New York Times weighs in on the dialogue concerning the death of billables in Billable Hours Giving Ground at Law Firms By Jonathan D. Glatner, which you can find here: http://www.nytimes.com/2009/01/30/business/30hours.html?emc=eta1

Sunday, February 8, 2009

The Final Chapter - The Defintion

If you recall how this blog was started, we were trying to finesse the definition of professionalism that was formulated by the Task Force. That definition can be found if you scroll to the very, very bottom of this blog, that sort of mass of writing that looks as though it is being transcribed to Moses or is narrating part of a story at the beginning of a Star Wars movie. The final paragraph states:


"Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society."


Beyond the duty to clients, we generally focus on our ethical responsibilities but not to the extent of improving the profession by increasing the availability of legal services. Do you agree with this responsibility as stated in the draft definition?

Tuesday, February 3, 2009