ca civil case whose decision to continue attorney or client

The decision to continue your case is not really up to you. The rules give your attorney fairly wide latitude in handling a case. And what the client wants isn't always required.

Full Answer

What makes an attorney-client relationship effective in California?

Although, in many cases, an attorney may find it difficult, if not impossible, to meet his or her continuing obligations as an attorney of record without the file, in those cases where it is not necessary for the attorney to do so, such as where the case is dormant or successor counsel has begun to take substantial responsibility for the representation, the attorney may not withhold …

When can a client discharge an attorney in California?

lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

What is the exception to the lawyer client privilege in California?

tion of the case before going to trial. The most common discovery processes are depositions and interrogatories. A deposition is a proceeding usually taking place in an attorney’s office in which a witness is asked to answer questions about the case before a court reporter. Interrogatories are written questions sent by one

When is an attorney compelled to represent a client competently?

California Court of Appeal Clarifies the Limits of the Attorney-Client Privilege for Communications with an Attorney and a Third Party Consultant. A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be …

Who makes the final decision in a civil case?

What are the 4 stages of a civil case?

What is a lawyer's responsibility to the client?

How long can a civil case remain open in California?

What is the burden of proof in a civil case?

How long does it take for a civil case to be dismissed?

What are a lawyer's fiduciary obligations to his/her client?

What are the four responsibilities of lawyers?

What lawyers should not do?

Can a case be reopened after Judgement?

What is the statute of limitations to file a civil suit in California?

What is a limited civil case California?

What happens after a lawyer terminates a client relationship?

[1] After termination of a lawyer-client relationship, the lawyer owes two duties to a former client. The lawyer may not (i) do anything that will injuriously affect the former client in any matter in which the lawyer represented the former client, or (ii) at any time use against the former client knowledge or information acquired by virtue of the previous relationship. (See Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811 [124 Cal.Rptr.3d 256]; Wutchumna Water Co. v. Bailey (1932) 216 Cal. 564 [15 P.2d 505].) For example, (i) a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client and (ii) a lawyer who has prosecuted an accused person* could not represent the accused in a subsequent civil action against the government concerning the same matter. (See also Bus. & Prof. Code, § 6131; 18 U.S.C. § 207(a).) These duties exist to preserve a client’s trust in the lawyer and to encourage the client’s candor in communications with the lawyer.

What is the rule of a lawyer?

Subject to rule 1.2.1, a lawyer shall abide by a client’s decisions concerning the objectives of representation and, as required by rule 1.4, shall reasonably* consult with the client as to the means by which they are to be pursued. Subject to Business and Professions Code section 6068, subdivision (e)(1) and rule 1.6, a lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter. Except as otherwise provided by law in a criminal case, the lawyer shall abide by the client’s decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.

What is a prospective client?

A person* who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from the lawyer in the lawyer’s professional capacity, is a prospective client.

What is the requirement that the sale of all or substantially of the law practice of a lawyer?

[1] The requirement that the sale be of “all or substantially* all of the law practice of a lawyer” prohibits the sale of only a field or area of practice or the seller’s practice in a geographical area or in a particular jurisdiction. The prohibition against the sale of less than all or substantially* all of a practice protects those clients whose matters are less lucrative and who might find it difficult to secure other counsel if a sale could be limited to substantial* fee-generating matters. The purchasers are required to undertake all client matters sold in the transaction, subject to client consent. This requirement is satisfied, however, even if a purchaser is unable to undertake a particular client matter because of a conflict of interest.

What is an other pecuniary interest?

[1] A lawyer has an “other pecuniary interest adverse to a client” within the meaning of this rule when the lawyer possesses a legal right to significantly impair or prejudice the client’s rights or interests without court action. (See Fletcher v. Davis (2004) 33 Cal.4th 61, 68 [14 Cal.Rptr.3d 58]; see also Bus. & Prof. Code, § 6175.3 [Sale of financial products to elder or dependent adult clients; Disclosure]; Fam. Code, §§ 2033-2034 [Attorney lien on community real property].)However, this rule does not apply to a charging lien given to secure payment of a contingency fee. (See Plummer v. Day/Eisenberg, LLP (2010) 184 Cal.App.4th 38 [108 Cal.Rptr.3d 455].)

Can a lawyer buy property?

A lawyer shall not directly or indirectly purchase property at a probate, foreclosure, receiver’s, trustee’s, or judicial sale in an action or proceeding in which such lawyer or any lawyer affiliated by reason of personal, business, or professional relationship with that lawyer or with that lawyer’s law firm* is acting as a lawyer for a party or as executor, receiver, trustee, administrator, guardian, or conservator.

Can a lawyer accept a gift from a client?

[1] A lawyer or a person* related to a lawyer may accept a gift from the lawyer’s client, subject to general standards of fairness and absence of undue influence. A lawyer also does not violate this rule merely by engaging in conduct that might result in a client making a gift, such as by sending the client a wedding announcement. Discipline is appropriate where impermissible influence occurs. (See Magee v. State Bar (1962) 58 Cal.2d 423 [24 Cal.Rptr. 839].)

What is a motion in court?

A motion is a request to the court for an order. A party may bring a motion for various reasons, such as to compel another party or witness to produce evidence, or to exclude certain evidence from being parties can appear in court to resolve issues. For example, the court usually has a pretrial conference to discuss

What is the purpose of a trial?

the trial. presentation of evidence at a trial. They provide the parties an opportunity to tell the judge or jury what the parties think the case is about and some of the evidence they will be presenting at trial to prove their case. These statements are not given under oath and they are not subject to cross-examination .

What is the case of Behunin v. Superior Court?

A recent decision by the California Court of Appeal in Behunin v. Superior Court, 9 Cal. App. 5th 833 (2017), is a reminder that a party’s communications with an attorney and a third party consultant must be reasonably necessary for the attorney’s representation of the client for the attorney-client privilege to apply.

What was the purpose of Behunin's attorney?

Also important was the fact that the only involvement Behunin’s attorney had was to hire the PR firm and to act as a liaison between it and Behunin.

What court denied Behunin's petition?

The Court of Appeal denied Behunin’s petition. In a case of first impression in California, the court relied on analogous federal cases to determine that the attorney-client privilege can be waived for communications that are disclosed to PR consultants.

What is the legal basis for processing personal information?

Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6 (1) (f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6 (1) (c)) or for reasons of public interest (GDPR Article 6 (1) (e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.

What is disclosure in law enforcement?

Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comp ly with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.

Does Bank of America have a tripartite attorney-client relationship?

Bank of America confirms the tripartite attorney-client relationship that exists when a title insurer reta ins counsel on behalf of its insured. The retained counsel has duties to both the insured and the title insurer. The attorney-client privilege applies to confidential communications between the insured, its insured and retained counsel, regardless of whether that counsel is defending the insured or prosecuting an action on behalf of the insured.

Does a title insurer's reservation of rights destroy the tripartite attorney-client relationship?

An insurer’s reservation of rights does not destroy the tripartite attorney-client relationship: A title insurer’s acceptance of the tendered claim and assertion of a reservation of rights in itself does not create a disqualifying conflict requiring the appointment of Cumis counsel. Here, the title insurer made a reservation of rights because the insured lender tendered its claim two days before the trustee’s sale. That reservation had nothing to do with the facts and legal theories in the litigation. Nor was retained counsel acting as Cumis counsel.

Did Bank of America waive attorney client privilege?

The title insurer did not waive the attorney-client privilege by failing to file an objection or a motion to quash: Here, Bank of America filed a motion to quash, but the title insurer did not. Because both the insured and the insurer are holders of the privilege, one party’s failure to object or to file a motion to quash did not waive the attorney client privilege. If neither holder of the privilege filed a motion to quash, then a waiver could occur.

Is the information provided herein applicable in all situations?

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

Is attorney client privilege subject to camera review?

Documents covered by the attorney-client privilege, in contrast to the attorney work product doctrine, are not subject to in camera review: The court affirmed the holding in Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725 that documents subject to the attorney client privilege are not subject to in camera review by the trial court. In contrast, documents subject to the attorney work product doctrine may be the subject of in camera review. ( See Coito v. Superior Court (2012) 54 Cal.4th 480, 502).

What does "person" mean in a court case?

For the purposes of this rule, "person" means a party, a party's attorney, a witness, and an insurer or any other individual or entity whose consent is necessary for the disposition of the case.

What is Rule 2.30?

Rule 2.30. Sanctions for rules violations in civil cases

What is reasonable attorney fees and costs?

In addition to the sanctions awardable under (b), the court may order the person who has violated an applicable rule to pay to the party aggrieved by the violation that party's reasonable expenses, including reasonable attorney's fees and costs, incurred in connection with the motion for sanctions or the order to show cause.

How does the Sanchez decision affect civil plaintiffs?

Where the Sanchez decision really hurts civil Plaintiffs’ attorneys is in regard to cases which involve, or necessitate, the showing of prior similar occurrences. While the above mentioned hypotheticals will affect defense attorneys as well, those same defense attorneys are ecstatic to see the Sanchez decision as it nearly destroys a Plaintiff’s ability to show prior similar occurrences.

What is the evidence code in California?

Evidence Code § 801 and § 802. Cal. Evidence Code § 801 (b) provides that an expert may provide an opinion “based on matter (including his special knowledge, skill, experience, training and education) perceived by or personally known to the witness or made known to him at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon which the subject to which his testimony relates, unless an expert is precluded by law in from using such matter as a basis for his opinion.” (italics added).

What is hearsay in the Sanchez case?

The Sanchez case deals with several issues, including the Sixth Amendment confrontation clause and what constitutes “testimonial hearsay;” but the most astounding ruling that comes out of the Sanchez decision, and the one that is most relevant to any civil litigator is this: “If an expert testifies to case-specific out-of-court statements to explain the bases for his opinion, those statements are necessarily considered by the jury for their truth, thus rendering them hearsay. Like any other hearsay evidence, it must be admitted through an applicable hearsay exception. Alternatively the evidence can be admitted through an appropriate witness.” ( Id. at 684.) The Sanchez Court specifically and purposely destroyed the pre-existing standard regarding what case-specific hearsay evidence an expert can rely on, stating that, “we conclude this paradigm (allowing an expert to rely on case-specific hearsay evidence with a limiting instruction that the evidence goes only to the basis of the expert opinion and not to the truth of the matter asserted) is no longer tenable because an expert’s testimony regarding the basis for an opinion must be considered for its truth by the jury.” ( Id. at 679.)

What is the Supreme Court's approach to hearsay?

The Supreme Court subsequently created a two-step approach to balancing an expert’s need to consider extrajudicial matters, and a jury’s need for information sufficient to evaluate an expert opinion, so as not to conflict with the interest in avoiding substantive use of unre liable hearsay. The Court in People v. Montiel, (1993) 5 Cal.4th 877 ruled that “most often, hearsay problems will be cured by an instruction that matters admitted through an expert go only to the basis of his opinion and should not be considered for their truth.” Furthermore, “sometimes a limiting instruction will not be enough. In such cases, Cal. Evidence Code § 352 authorizes the court to exclude from an expert’s testimony any hearsay matter whose irrelevance, unreliability, or potential for prejudice outweighs its proper probative value.” ( Id. at 919.) Simply put, the Montiel Court kept in effect the idea that experts may rely on, and relate to the jury, case-specific hearsay evidence as long as there is a limiting instruction to the jury that said evidence is not going to prove the truth of the matter asserted but instead is going only to show the basis for the expert opinion. The Montiel Court also specifically notes the need for courts to use the discretion afforded them by Cal. Evidence Code § 352 so as not to allow unreliable or prejudicial hearsay evidence to be admitted under the guise of the basis for an expert opinion.

What did Sanchez Court change?

What the Sanchez court did change however, was the long accepted and evolve d premise of how an expert could rely on, and testify, regarding case-specific facts contained in hearsay evidence. At common law, experts were typically precluded from testifying in regard to case-specific facts to which they had no knowledge. However, even prior to the California Evidence Code being enacted in 1965 there were already exceptions as to when an expert could relate otherwise inadmissible case-specific hearsay such as testimony regarding property valuation and medical diagnoses. The justification for these exceptions was very practical: (1) the expert routinely used the same kinds of hearsay in their conduct outside the court, (2) the expert’s expertise included experience in evaluating the trustworthiness of the hearsay sources, and (3) the desire to avoid needlessly complicating the process of proof. (Kaye et al., The New Wigmore: Expert Evidence (2d ed. 2011) § 4.5.1 p. 153-154.)

What is hearsay evidence?

Hearsay evidence is formally defined as “evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter asserted.” (Cal. Evidence Code § 1200 (a).)

What is the Supreme Court ruling in Sanchez?

The Supreme Court’s ruling in Sanchez has changed decades of law in that any case-specific facts relied on by an expert are now ruled to go to the truth of the matter asserted, making them hearsay. In practical terms, this means that all hearsay statements and opinions must either be subject to a hearsay exception, or admitted through an appropriate witness. Hearsay statements can no longer be admitted as the basis for an expert opinion.

Jennifer L. Ellis

You should ask your lawyer why he asks for continuances. You can explain to your lawyer that you want to go forward, but you should really have a conversation with him and listen to what he has to say. I understand you want your case over with, but frequently continuances are a good thing...

Matthew Scott Berkus

The decision to continue your case is not really up to you. The rules give your attorney fairly wide latitude in handling a case. And what the client wants isn't always required. The attorney gets to dictate tactics, you don't.

Anthony Bettencourt Cameron

Every night before I retire each night, I pray "God, deliver me from Criminal Defendants who want immediate closure!"

Christine C McCall

In almost every case, continuances benefit the defendant and burden the prosecutor. Your lawyer knows this; so does the prosecutor. Why do you want to second-guess your lawyer? Who has the better state of information and knowledge?

What are the exceptions to the California attorney-client privilege?

There are two major exceptions to the California lawyer-client privilege under the California Evidence Code. These are: 2.1. Crime or fraud. The attorney-client privilege does not apply to any communications between a client and his/her attorney that are made in order to enable someone to. commit a crime or fraud, or.

What is the lawyer-client relationship?

Therefore, the lawyer-client relationship is one of the most robust privileges in California evidence law. 4. Examples.

What is the evidence code for confidential communications in California?

Evidence Code 954 makes communications between attorneys and their clients privileged and confidential in California.

What is the 954 Evidence Code?

Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).

What is the 954 law?

37 Same. Updated July 30, 2020 Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).

Why did the court subpoena Linda?

The court subpoenas Linda to ask her whether she showed Carlos a copy of his arrest report while he was in jail. The prosecutor believes that information in the arrest report could have provided a motive for Carlos to kill the other inmate.

When does the lawyer-client privilege apply?

This means that the lawyer-client privilege may begin to apply before you have even hired an attorney. Conversations you have with an attorney when you are considering retaining him/her—but have not yet done so—are still covered by the privilege. 17

When did Gotek terminate its attorney client relationship?

On November 15, 2012, firm one sent an email to Gotek to “confirm that we have terminated the attorney client relationship with you,” and that it was transferring Gotek’s files to successor counsel (which was accomplished that day).

What is the tolling provision in California?

A California appellate court issued a unanimous opinion in October providing guidance regarding the tolling provision for continued representation as to legal malpractice claims , as set forth in section 340.6 of the California Code of Civil Procedure.

What is the appellate court's decision on GoTek?

The appellate court found GoTek’s correspondence of November 8, 2012 to be dispositive of this issue, since by requesting that its files be transferred to successor counsel, GoTek “consented to firm one’s express withdrawal the previous day.”

When did GoTek transfer files to successor counsel?

The appellate court also brushed aside GoTek’s argument that it believed firm one continued to provide it with legal services by transferring its files to successor counsel on November 15, 2012. The court found any such belief by GoTek was “unreasonable as a matter of law,” since firm one had previously made it clear that it would not provide further legal services and the transfer of files was a mere “clerical, ministerial activity.”