Ethics and Professional Responsibility @JerryPrettyman.com


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pr.outline.html Haeji Hong
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Bates v. State Bar of Arizona
People v. Johnson
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Florida Bar v. Went For It Inc.
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Robert L. Wheeler, Inc. v. Scott
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UpJohn v. United States
Washington v. Olwell
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Other links
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Recent Cases in Professional Responsiblity


FLETCHER v. DAVIS, No. S114715 (Cal. June 10, 2004) (PDF)   (Word)
Rule 3-300 of the Rules of Professional Conduct, which requires the client's informed written consent for the attorney's acquisition of an interest adverse to the client, applies when an attorney seeks a charging lien against future recovery to secure hourly fees and cost.

SHAPIRO v. PARADISE VALLEY, No. 02-16786 (9th Cir. July 06, 2004) (PDF)
In a case involving the Individuals with Disabilities Education Act, the court affirmed the exclusion of attorney's fees for work performed by plaintiff's attorney before he was admitted to practice pro hac vice in Arizona state court.

LEICHTY v. NEARY, No. 03-15431 (9th Cir. July 09, 2004) (PDF)
The bankruptcy court did not abuse its discretion in concluding that counsel for a Chapter 7 trustee pursued litigation that was not reasonable or necessary in its entirety.


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An attorney accepting a note with a power of sale clause is contrary to the Code of Professional Conduct, §5-101 as an adverse interest of the attorney to the client, for negating the requirement of a client to have counsel with an independent interest.