California Legal Ethics

The American Bar Association provides a set of legal standards that all lawyers practicing in the United States must follow. These standards form the basis of U.S. and California lawyer ethics. But what does this really mean, and what is an attorney allowed to do or not do under California lawyer ethics rules?

Attorney ethics in California

Ethics comes from the Greek word ethos, meaning character.  Since Greek times, societies have attempted to control ethical conduct at the individual, corporate and government levels. They determine and enforce rights and duties, but also punish deviations from ethics.

Law can either be neutral on an ethical issue or endorse an ethic, but law may also allow actions that are not necessarily ethical. Laws allow disloyalty toward friends, breaking of promises, and many such deceptions. And while the law influences how some professionals conduct themselves, many ethical issues cannot be settled in courts. The ethics of an act must often be determined independent of its legality.

However, lawyers are subject to a strict set of ethical regulations, since they themselves are tasked with interpreting law and protecting the legal rights of their clients in an upright manner.

The most common violations of the ethics codes of attorneys, or of any professional association, normally involve:

• Breach of contract, including the results of incompetent behavior or failure to exercise good faith
• Fraud, or the intent to deceive
• Professional California lawyer malpractice or negligence, including incompetence and performing of unnecessary services

The legal profession is more self-regulating than other industries. Every state supreme court or legislature has a committee authorized to enforce the rules of professional legal conduct for that state, and these committees often make factual determinations about whether a lawyer who commits a violation should be publicly reprimanded, censured, suspended or disbarred.

Specific procedures regarding the discipline of attorneys vary from state to state, but every state allows a court to review the recommendations of the relevant committee. And while every state has adopted either the Model Rules of the American Bar Association or one of its predecessors, interpreting the laws of each state is always left to the courts and ethics commissions of that state.

What to do when you are victim of legal violations

If you feel an attorney has mishandled your case in the state of California, and has done so in a way that has harmed your legal position, contact a California legal malpractice attorney to file suit.

Learn more about lawyer ethics in California

The Drakulich Firm makes client service our top priority. We offer free initial consultations as well as flexible appointments, with weekend and evening meetings available upon request. In order to ensure that every case receives our complete attention, dedication and focus, we are selective in the cases we accept. To learn more about the services we offer, contact The Drakulich Firm, A Professional Law Corporation, today.