Category Archives: Ethics

When Professional Misconduct = Unfair Trade Practices

The California Court of Appeals recently concluded that professional malpractice and ethical violations may give rise to liability for unfair trade practices. In the underlying dispute, attorney Martin Guajardo, the sole shareholder in his own law firm, sold his practice because he faced disciplinary action brought by the state bar. Although Attorney Guajardo ultimately resigned from the bar, he continued to practice law following the sale of his firm. The People of the State of California filed a complaint against Guajardo, and the new firm, alleging unlawful, unfair, and deceptive business practices based upon Guajardo’s unauthorized practice of law. On appeal, the court concluded that Guajardo’s ethical violations also supported a claim under the state’s unfair trade practices act.

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A Lesson in Ethical Attorney Billing

A lawyer stands at the gates of heaven and pleads his case to St. Peter. “I’m much too young to die. I’m only 48.” St. Peter responds, raising an eyebrow: “Forty-eight? Not according to your time sheets." Unfortunately, some attorneys give the rest of the profession a bad name for abusing the billable hour system. Perhaps a lesson in ethical billing is in order.

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