California Law

Question 1

CA Rules Overview

Answer 1

Substantially different than MRs

• –CA Bar Act
• –CA Rules of Prof Conduct

Question 2

CA FEES

Answer 2

MR 1.5 analogue
– No unconscionable fees
– Allows naked referral fee, requires informed consent
– All fee agreements in writing
–– $1000 threshold
–– Individual versus corporate clients

Question 3

CA CONFLICTS

Answer 3

MR 1.7 analogue
– Written consent required
– (versus MR 1.7 “confirmed in writing”)

Question 4

CA CONFIDENTIALITY

Answer 4

MR 1.6 analogue
– Based on stringent CBA 6068 (“every peril”)
– One express exception: criminal act likely to result in death or substantial bodily harm; maybe case law exceptions

Question 5

CA ORG AS CLIENT

Answer 5

MR 1.13 analogue
– No exception to confidentiality
– Likely preemption by SEC 205.3

Question 6

CA Civil Case/Unexpected Perjury

Answer 6

– Remonstrate
– Try to withdraw without revealing confidences
– If the judge won’t let you: continue, don’t reference perjury in closing

Question 7

CA Criminal Case/Expected Perjury

Answer 7

– Remonstrate
– Try to withdraw without revealing confidences
– Tell judges he got a problem: narrative testimony necessary; don’t reference perjury in closing

Question 8

CA Anti-Discrimination

Answer 8

CRPC 2-400:
Expressly prohibits “unlawfully” discriminating in:
– Law employment
– Client selection
+ Discipline if tribunal finds “unlawful conduct”