Publications

 

Am I My Brother's Keeper? Seeking Golden Snitches in the Golden State

Parker Shaffie attorney Kevin Kayhanian’s article in the Los Angeles Daily Journal examines the new Rule of Professional Conduct 8.3 requiring lawyers to report misconduct by other lawyers, as well as its unintended consequences.

Los Angeles Daily Journal - October 18, 2023 | Kevin Kayhanian


Cryptocurrency sector arbitration provisions create jurisdictional uncertainties when applied to consumer claims

Los Angeles Daily Journal - June 2, 2023 | Shawn Shaffie & Ibrahim Ati


Movin’ On–Ethical Considerations Relating to Attorney Mobility

Parker Shaffie attorneys David Parker and Justin Denlinger. “Movin’ On–Ethical Considerations Relating to Attorney Mobility” appeared in the September 2021 issue of LACBA Update.


Ethics: Dos and Don’ts for Lawyers Managing Online Profiles

This article, article penned by Parker Shaffie LLP partner Shawn Shaffie discusses the ever increasing use of third-party online legal profiles such as AVVO and the need for professional and ethical management.

Los Angeles Daily Journal - November 25, 2019 | Shawn Shaffie


Bar Endorses Attorneys Consulting With Firm In-House Counsel

Daily Journal article penned by Parker Shaffie LLP partner Shawn Shaffie discusses various incentives for law firms that set up ethical compliance systems utilizing in-house counsel.

By Shawn Shaffie, Los Angeles Daily Journal, September 9, 2019


Practicing Law Defensively©

The defensive practice of law rests on a disciplined approach that begins with disclosure, discussion, and documentation. Avoiding conflicts of interest, legal malpractice or attorney discipline is part of the thoughtful process that is part paranoia and part prevention.


Trouble At Home

By David Parker, Elliott Benjamin and Joel Osman

Los Angeles Lawyer, June 2016


What Rights Does an Insurer Have Against Cumis Counsel?

By Joel A. Osman and Melissa M. Kurata

LACBA County Bar Update, February 2016


Suing a Lawyer? The Clock is Ticking

By Theodore W. Frank

Los Angeles Daily Journal, September 4, 2015


Is a Prospective Client Entitled to Attorney Work Product Developed in the Course of Deciding Whether to Accept the Engagement?

By Joel A. Osman and Kevin Mohr

County Bar Update, July 2014


Access to Capital for Job Creators: Rule 506 of Regulation D After the JOBS Act, Part I

By Mark T. Hiraide

California Business Law Practitioner, Fall 2013


So You Think You Know The “Mediation Privilege?”

By William K. Mills, Justin D. Denlinger, Jason J. Rudolph & Ben Seagle

California Bar Journal, January 2014

MCLE Self Study

One Hour MCLE Credit in Legal Ethics


Advising Startups: Who’s the client?

By William K. Mills

“2 dudes walk into a law office…” That line sounds like the start of a very bad joke, but unless the lawyer who assists them takes a steady and disciplined approach, he won’t be the one laughing in the end.

Los Angeles Daily Journal, November 1, 2013


After Attorney Error: What is the Duty to Assist the Former Client in Mitigating Consequences?

Three independent principles govern a lawyer’s assistance to a former client in mitigating damages caused by the lawyer’s conduct: (1) the duty of loyalty, (2) the standard of care, and (3) reciprocity. While generally not required, helping a former client to mitigate damages resulting from the lawyer’s conduct may be in the lawyer’s best interest, especially to avoid potential legal malpractice claims.


Avoiding Ethical Pitfalls for New Attorneys

New lawyers need to be know the rules that govern their newly acquired profession and conduct themselves as though their professional lives depend on it, because in many ways they do.


Beware of Opposing Counsel Bearing Gifts

Few lawyers appreciate the hazards they face when they obtain their opponents’ attorney-client or work product privileged information. The risk of disqualification can be minimized if the problem is understood, and a strategy employed to properly manage the information.


Ethical Implications of “Of Counsel” Relationships

Many law firms associate with lawyers that are neither employees nor owners, but with whom the law firms share work and clients, and for whom the law firms must manage unique ethical issues.


Ethical Issues in Class Actions & Derivative Litigation

Ethical rules should not be applied mechanically in class action litigation. Similarly in derivative litigation, issues of identifying the client and understanding conflicts and how to deal with them require special attention.


Ethics & Entertainment Law in California: the Essentials

Ethical rules even apply to entertainment lawyers, who usually perform numerous roles for their clients. As a result, it is important for them be mindful of the requirements so that a failure to comply or take appropriate precautions does not interfere with the art of the deal.


Internet Scams Targeting Attorneys

Lawyers are increasingly the targets of sophisticated and well concealed internet scams that must be recognized and managed to avoid negative consequences ranging from lost income to bar discipline.


Keeper of the Secrets

Lawyers are required to keep and maintain their clients’ confidences. That obligation is not limited to attorney-client privileged information.


Legal Ethics and the Limited Liability Company

A lawyer representing a California Limited Liability Company (“LLC”) faces nuanced challenges in balancing the interests of LLCs, and their managers and members. Understanding the context of the representation and applying defensive practice techniques aids in avoiding potential legal malpractice, including conflicts of interest.


The California Rules of Professional Conduct: The Good, the Bad and the Utterly Confusing

The California Rules of Professional Conduct (the “Rules”) form part of the framework governing ethical restraints on lawyers. The Rules are unique, and sometimes difficult to navigate, but nonetheless important guideposts that should be observed and respected.


The Informed Consent Doctrine: What’s Good for the Patient is Good for the Client

The Informed Consent Doctrine governing doctor patient waivers has not been adopted in the similar context between lawyer and client. However, lessons can be learned from the medical community and lawyers can protect themselves and their clients by ensuring that the client is always fully informed about and consents to substantive decisions.


The Pellican’s Mess – Ethical Considerations For Attorneys Who Hire Private Investigators In The Wake Of Pellicano©

Lawyers employing private investigators face ethical challenges and risks. Recent events require lawyers to consider their investigators as their agents or rue the consequences.


The Unknown Ethical Quagmire under the New Bankruptcy Law

Lawyers practicing in bankruptcy courts are burdened with additional rules governing their ethical behavior and must know the requirements which sometimes contradict ethics rules outside of the bankruptcy context.

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