DAVID M. MAJCHRZAK

David M. Majchrzak is a prominent legal ethicist, the deputy general counsel and a shareholder at Klinedinst PC. He joined the firm in 2009. He is the immediate past president of the San Diego County Bar Association and the editor, with Edward J. McIntyre, of the association’s Ethics Quarterly.

His practice ranges widely. “In the past two years, I have represented a wide range of lawyers from those who are solos to those who are in AmLaw 50 firms before the State Bar and in providing ethics advice,” Majchrzak said.

“I have likewise represented judges throughout the state in matters before the Commission on Judicial Performance. I have helped international companies bring new products to the United States while complying with unauthorized practice of law regulations. I have assisted lawyers responding to investigations involving criminal prosecutions, lawyer conduct involving new interpretations of existing law, and many issues involving multijurisdictional practice.”

He’s busy. “It’s good to be in demand. A lot of those who call us are lawyers trying to avoid trouble,” he said.

One way to help: Majchrzak and colleague Edward J. McIntyre produce the Ethics Quarterly to update lawyers on new rulings in the field.

The current issue spotlights appellate and Bar Court opinions holding, among other things, that a lawyer’s repeated failures to obey court orders subject him to multiple counts of State Bar discipline charges despite substantial mitigation evidence. In re Kutrubes, SBC-21-30189 (State Bar Rev. Dept., filed Oct. 6, 2022).

The Ethics Quarterly also reports that a lawyer’s letter that argues a position favorable to a client but also contains an implied threat to disclose kickbacks and money laundering does not constitute extortion. Flickinger v. Finwall, 85 Cal.App.5th 822 (2d DCA, filed Nov. 30, 2022).

Majchrzak is the chair of the ABA’s working group to modify the rule regarding multijurisdictional practice in part to account for what he calls “the part left out of the equation, such as people conducting transactional work or real estate deals in multiple states.”

To come up with draft proposals, Majchrzak said, he was heavily involved with both the working group, the ABA’s ethics committee and the Association of Professional Responsibility Lawyers, where he is an officer. He is also a member of the APRL’s Future of Lawyering committee.

In early February, he was involved in an ABA roundtable to discuss the proposals. “There’s some opposition, but people are interested in change,” he said.

– John Roemer