Regulatory Information for Attorneys Impacted by the California Fires

• Publication year: 2020

Regulatory Information for Attorneys Impacted by the California Fires1

The fires in California have touched many people, including lawyers and law firms. Attorneys should consider their ethical obligations if their practice is affected or forced to close due to a natural disaster or other catastrophic event. Attorneys with questions or concerns about their ethical obligations should contact the State Bar of California's free and confidential Ethics Hotline: 800-2-ETHICS or 800-238-4427.

Ethical Obligations

The State Bar has warned the public² to watch out for and report potential fraud by lawyers.³ California law⁴ prohibits lawyers or others acting on behalf of a lawyer from:

• Soliciting clients at an accident scene, at a hospital, or on the way to a hospital
• Soliciting clients who, due to their physical, emotional, or mental state, may not be able to have reasonable judgment about the hiring of an attorney
• Seeking clients by mail unless the letter and envelope are clearly labeled as an advertisement
• Promising a particular outcome from the legal representation.

A lawyer's ethical obligation to capably serve clients does not end in the wake of a natural disaster such as a fire. Here are some ethical rules and statutes that may apply:

• Rule 3-110⁵ of the California Rules of Professional Conduct forbids a lawyer from intentionally or "with reckless disregard" failing to perform legal services competently
• Rule 3-500⁶ of the California Rules of Professional Conduct requires attorneys to keep clients informed
• Rule 3-700⁷ of the California Rules of Professional Conduct outlines how and when a lawyer may withdraw from representation
• Rule 4-100⁸ of the California Rules of Professional Conduct provides that a lawyer shall "identify and label securities and properties of a client promptly upon receipt and place them in a safe deposit box or other place of safekeeping as soon as practicable.''
• Code of Civil Procedure section 286⁹ governs the death, removal, or withdrawal of an attorney
• Business and Professions Code section 6068¹⁰ describes the duties of an attorney generally
• Business and Professions Code section 6180¹¹ and Business and Professions Code section 6190¹² govern the superior court's assumption of jurisdiction over a law practice when an attorney becomes incapacitated or ceases law practice

Be Prepared for a Future Disaster

For those who were fortunate enough to be spared from loss of life or property, now is the time to prepare if disaster strikes again. Here is a checklist of helpful tips:

• Make sure your property insurance covers client property, along with the cost of hiring...