Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
92-20339 and 95-13441
|
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 | |
B125227
|
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 | |
97-1501
|
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 | |
98-0509
|
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 | |
99-154
|
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 | |
B117633
|
Curtis v. Kellogg & Anderson
Legal malpractice cause of action can't be assigned by corporation's Chapter 7 bankruptcy trustee. |
Attorneys |
|
Sep. 13, 1999 | |
B117061
|
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 | |
B125935
|
Pringle v. Chapelle
Simultaneous fee agreements doesn't automatically establish attorney's failure to obtain clients' consent to dual representation. |
Attorneys |
|
Sep. 2, 1999 | |
B115047
|
Argaman v. Ratan
Pro per attorney may recover only costs after successful discovery motion. |
Attorneys |
|
Sep. 2, 1999 | |
B117061
|
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 | |
S058639
|
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 | |
97-C-17839
|
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 | |
94-O-11471
|
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 | |
B122465
|
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 | |
91-R-02993
|
State Bar v. Kirwan
Hearing judge can consider evidence on remand regarding attorney's moral qualifications for reinstatement to practice. |
Attorneys |
|
Aug. 6, 1999 | |
F031707
|
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 | |
G019790
|
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 | |
B121384
|
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 | |
95-15134
|
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 | |
96-V-01909
|
Murphy v. State Bar
Absent extraordinary circumstances, rehabilitation for suspension relief considers only conduct after last discipline causing suspension. |
Attorneys |
|
Aug. 3, 1999 | |
A070881
|
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 | |
93-56675, 93-56676 and 94-56695 93-56675, 93-566
|
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 | |
99-153
|
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 | |
B099424
|
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 | |
94-55024
|
Trulis v. Barton
Counsel's intentional disregard of client's instructions for dismissal from suit is reckless and warrants sanctions. |
Attorneys |
|
Jul. 27, 1999 | |
B088602
|
Hon v. Marshall
No attorney fees are awarded if parties prevail only due to jurisdictional defect. |
Attorneys |
|
Jul. 26, 1999 | |
92-O-11298 and 93-O-13549
|
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 | |
91-O-01279
|
Kritzer v. State Bar
Attorney's admission of nine acts of serious misconduct constitutes aggravating circumstances warranting disbarment. |
Attorneys |
|
Jul. 26, 1999 | |
90-O-15007
|
Respondent X v. State Bar
Unusual circumstances surrounding attorney's willful violation of confidentiality order warrants private reproval. |
Attorneys |
|
Jul. 25, 1999 | |
94-O-12212
|
Johnston v. State Bar
60-day period of actual suspension is appropriate for attorney's failure to perform competently. |
Attorneys |
|
Jul. 25, 1999 |