The eLearning Center for Gatlin Education Services

Professor McCall''s subject is recent developments in California legal ethics law. After introducing the State Bar's discipline function, he offers a brief history of the California Rules of Professional Conduct (RPC) and the ABA Model Rules. He then provides an overview of changes in the RPC.A significant portion of the course concentrates on the attorney-client relationship. Discussion of situations and cases related to the question Who is the client? are central here. Professor McCall gives detailed commentary on triangular relationships, derivative lawsuits, and successive and concurrent adverse representation, among other topics.

New Issues in California Legal Ethics
    I. Introduction
    II. California State Bar''s Discipline Function
    III. RPC 1-100(A): California Rules of Professional Conduct
        A. Avoiding Interests Adverse to a Client
    IV. Brief History of California Rules of Professional Conduct
        A. Brief History of California Rules of Professional Conduct
        B. Role of State Bar Ethics Opinions
    V. History of Model Rules as Collateral Source
        A. Screening a Former Judge or Arbitrator
        B. Withdrawing as Intermediary
    VI. Role of ABA's Formal Ethics Opinions
        A. Frivolous Actions or Delaying Tactics
    VII. Recent Changes Affecting the Rules of Professional Conduct and State Bar Act
    VIII. Persons Subject to the RPC
        A. Necessity of Active Membership in State Bar
        B. Birbrower, Montalbano, Condon & Frank v. Superior Court of Santa Clara County, 17 Cal. 4th 119 (Cal. S. Ct. 1998)
        C. Examining Business and Professions Code §6125
        D. Justice Kennard's Dissent
        E. Reaction to Birbrower
    IX. Overview of the California Rules of Professional Conduct
        A. Overview of the California Rules of Professional Conduct: Chapters 1-3
        B. Restrictions on Advertising and Solicitation
        C. Employment of a Disbarred or Suspended Attorney
        D. Financial Arrangements among Lawyers
        E. Prohibition of Fee Splitting
    X. Attorney-Client Relationship
        A. Duty to Act Competently
            1. Zealousness, Loyalty & Their Limits
            2. People v. Johnson, 62 Cal. App. 4th 608 (Cal. Ct. App. 1998)
        B. Conflicts of Interest
            1. Overview: Conflicts of Interest
            2. Lawyer's Interest v. Client's Interest
            3. Cal Pak Delivery, Inc. v. UPS, Inc., 52 Cal. App. 4th 1 (Cal. Ct. App. 1997)
            4. Conflicts between Clients Past and Present
            5. Vicarious or Imputed Disqualification
            6. The Duty of Loyalty
        C. Who Is the Client?
            1. The Triangular Relationship
            2. Derivative Lawsuits
            3. Hot Potato Rule
            4. Successive Adverse Representation
            5. Affiliated Corporations
            6. Conflating Separate Corporate Entities
            7. Alter Ego Relationships
            8. Unity of Interests
        D. Vicarious Disqualification Examined
        E. Developments in Malpractice Law
    AfterWords