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Tag: Ethics

February 19, 2013

San Francisco Unified School Dist. ex rel Contreras v. First School, Inc. 2013 WL 628318

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Download Publication The First District holds Rule of Professional Conduct 2-100 could not preclude party contacts with an opposing party’s employees. William Padilla and Manuel Contreras, former Laidlaw employees, and the Environmental Law Foundation (“ELF”), filed a complaint against Laidlaw’s parent corporation, First School, Inc. (“FSI”) alleging violations of the False Claims Act. According to […]

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January 16, 2013

People ex rel. Herrera v. Stender 2012 WL 6808475

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Download Publication The First District upholds an injunction against an out-of-state attorney and his law corporation for aiding and abetting another attorney’s unlicensed practice of law, in violation of California Law. Christopher Stender became a shareholder in Martin Guajardo’s law practice.  After a name change to “Immigration Practice Group, PC,” (“IPG”), it became a registered […]

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January 16, 2013

Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringler (2012) 212 Cal.App.4th 172

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Download Publication The Fourth District holds a referring attorney, prevented by the handling attorney from obtaining informed written client consent to a fee division as required by California Rule of Professional Conduct 2-200, may raise equitable estoppel in response to the handling attorney’s rule 2-200 defense in a subsequent breach of contract action.  Barnes, Crosby. […]

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December 18, 2012

Shen v. Miller (2012) 2012 WL 6619025

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Download Publication The Second District holds representation of a shareholder in a derivative action does not create an attorney-client relationship between the shareholder’s attorney and the corporation. Randall Miller and Chih Teh Shen established Arnon Development Group, Inc. (Arnon) to develop real estate.  When the relationship floundered, Shen retained John R. Walton to represent his interests.  […]

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September 6, 2012

People v. Whitus 2012 WL 3870520

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Download Publication The Appellate Division of the San Luis Obispo County Court asks the State Bar to consider discipline based on an attorney’s conduct at oral argument. Darryl Genis represented Ronald Whitus in a criminal matter.  Genis failed to appear at several readiness conferences after the court granted multiple continuances and ordered his personal appearance.  […]

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August 10, 2012

Rodriguez v. Disner 688 F.3d 645 (9th Cir. 2012)

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Download Publication The Ninth Circuit holds that class counsel representing conflicting interests is not entitled to attorneys’ fees. Van Etten Suzumoto & Becket LLP (which later merged with McGuire-Woods LLC) entered into “incentive agreements” with five clients in connection with a potential antitrust class action against West Publishing.  Each client authorized Van Etten to request […]

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April 16, 2012

Jane Brown v. Wells Fargo Bank, NA (2012) 204 Cal.App.4th 1352

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Download Publication The Second District orders its court clerk to send a copy of its opinion to the California State Bar for consideration of discipline of an attorney for abusing the appellate process by filing an appeal solely to delay the inevitable. Jane Brown was in default on a home mortgage.  After Wachovia Mortgage, a […]

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December 16, 2011

Crockett & Myers v. Napier, Fitzgerald & Kirby 2011 WL 6288395

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Download Publication The Ninth Circuit holds that an attorney who referred a case to other counsel was entitled to have the value of the referral considered in calculating an award of quantum meruit fees.  The District Court awarded Nevada attorney Brian Fitzgerald $33,333 as quantum meruit fees for his services in a medical malpractice case […]

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May 25, 2011

Fair v. Bakhtiari (2011) 195 Cal.App.4th 1135

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The First District holds that an attorney engaging in ongoing serious ethical violations is not entitled to quantum meruit fee recovery. R. Thomas Fair began representing Karl E. Bakhtiari when he sought legal advice about real estate investments.  Fair and Bakhtiari went into business together and operated under an oral agreement.  For over a decade […]

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May 24, 2011

Orange County Water District v. The Arnold Engineering Company

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The Fourth District would not disqualify a law firm representing a public entity under a contingency fee agreement because the action was not brought on the public’s behalf, but in the entity’s own name to recover compensatory damages. The Orange County Water District incurred costs to investigate contamination in groundwater aquifers.  It retained Miller, Axline […]

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