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Wyshak v. State Bar
Attorney who committed numerous dishonest acts involving moral turpitude, including repeated real estate scams, should be disbarred even though victims weren't clients.
Attorneys Sep. 30, 1999
Harris v. Rudin, Richman & Appel
Although alleged settlement agreement between law firm and former client is unenforceable, plaintiff can amend complaint to pursue breach of contract claim.
Attorneys Sep. 23, 1999
Freedom Trust v. Chubb Group of Insurance Companies
Crime-fraud exception to attorney-client privilege doesn't apply to law firm's participation in client's bad faith denial of insurance claim.
Attorneys Sep. 21, 1999
Paradigm Insurance Co. v. The Langerman Law Offices
While insurer is permitted to sue retained counsel for malpractice, insurer may not withhold fees owed to attorney pending resolution of claim.
Attorneys Sep. 16, 1999
The State Bar of California Standing Committee on Professional Responsibility and Conduct
California Rules of Professional Conduct apply to work a lawyer performs in a nonlegal capacity.
Attorneys Sep. 14, 1999
Curtis v. Kellogg & Anderson
Legal malpractice cause of action can't be assigned by corporation's Chapter 7 bankruptcy trustee.
Attorneys Sep. 13, 1999
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect client's interests, that duty doesn't extend to co-counsel.
Attorneys Sep. 6, 1999
Pringle v. Chapelle
Simultaneous fee agreements doesn't automatically establish attorney's failure to obtain clients' consent to dual representation.
Attorneys Sep. 2, 1999
Argaman v. Ratan
Pro per attorney may recover only costs after successful discovery motion.
Attorneys Sep. 2, 1999
Saunders v. Weissburg & Aronson
Although attorney has fiduciary duty to clients to protect client's interests, that duty doesn't extend to co-counsel.
Attorneys Aug. 27, 1999
People ex rel. Dept. of Corporations v. Speedee Oil Change Systems
Conflict of interest created by 'of counsel' attorney imputed to firm, resulting in firm's disqualification.
Attorneys Aug. 26, 1999
Jebbia v. State Bar
Amendment to statute, providing summary disbarment for criminal convictions, may not be applied to an attorney who committed the crimes before the amendment.
Attorneys Aug. 11, 1999
Phillips v. State Bar
Statute providing for automatic inactive enrollment after state bar judge recommends disbarment may not be applied retroactively.
Attorneys Aug. 11, 1999
Marshak v. Ballesteros
In legal malpractice action, client must show that he would have received better result if attorney had recommended rejection of settlement offer.
Attorneys Aug. 6, 1999
State Bar v. Kirwan
Hearing judge can consider evidence on remand regarding attorney's moral qualifications for reinstatement to practice.
Attorneys Aug. 6, 1999
State Farm Mutual Automobile Insurance Co. v. Federal Insurance Co.
Attorney retained by insurance company to represent insured also has an attorney-client relationship with company for disqualification purposes.
Attorneys Aug. 4, 1999
Kroll & Kroll v. Paris & Paris
Indemnity may not be sought in a malpractice action from counsel who concurrently, but independently, also represents the client.
Attorneys Aug. 4, 1999
Blum v. Republic Bank
Scheduling status conference with court clerk does not violate local rule limiting ex parte communication and is not sanctionable.
Attorneys Aug. 4, 1999
In re FPI/Agretech Securities Litigation
Relative efforts of co-counsel and benefits conferred on class support refusing fee allocation proposal.
Attorneys Aug. 3, 1999
Murphy v. State Bar
Absent extraordinary circumstances, rehabilitation for suspension relief considers only conduct after last discipline causing suspension.
Attorneys Aug. 3, 1999
Cal Pak Delivery Inc. v. United Parcel Service Inc. (Khourie)
Attorney is justifiably disqualified after offering to sell out client and seeking millions for personal payment.
Attorneys Aug. 3, 1999
State of Florida ex rel. Butterworth v. Exxon Corp.
Reasonableness of hours and rates are considered in common fund cases fee awards after lodestar overcompensation.
Attorneys Jul. 30, 1999
The State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 1999-153
Counsel may represent both close corporation and its president-shareholder in suit brought by only other shareholder, provided informed consent is obtained.
Attorneys Jul. 29, 1999
Tibor v. Superior Court (McNamara)
In legal malpractice action, criminal defendant must prove both his innocence and his attorney's negligence.
Attorneys Jul. 27, 1999
Trulis v. Barton
Counsel's intentional disregard of client's instructions for dismissal from suit is reckless and warrants sanctions.
Attorneys Jul. 27, 1999
Hon v. Marshall
No attorney fees are awarded if parties prevail only due to jurisdictional defect.
Attorneys Jul. 26, 1999
Sullivan v. State Bar
Suspension for 89 days is excessive in light of attorney's 21 years of blemish-free practice.
Attorneys Jul. 26, 1999
Kritzer v. State Bar
Attorney's admission of nine acts of serious misconduct constitutes aggravating circumstances warranting disbarment.
Attorneys Jul. 26, 1999
Respondent X v. State Bar
Unusual circumstances surrounding attorney's willful violation of confidentiality order warrants private reproval.
Attorneys Jul. 25, 1999
Johnston v. State Bar
60-day period of actual suspension is appropriate for attorney's failure to perform competently.
Attorneys Jul. 25, 1999